03.28.23 Town Council Regular Meeting PacketPage 1 of 4
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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 March 14, 2023, Town Council Work
Session meeting. (MLS)
Agenda
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, March 28, 2023
6:15 PM
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2. Consider and act upon the minutes from the March 14, 2023, Town Council Regular
meeting. (MLS)
3. Consider and act upon the minutes from the March 20, 2023, Town Council Work
Session meeting. (MLS)
4. Consider and act upon a resolution awarding the depository services contract to
Independent Financial and authorizing the Town Manager to execute all documents
for same. (CL)
5. Consider and act upon approving funding for expenses of scheduled and unscheduled
maintenance and repairs by Siddons-Martin Emergency Group, LLC to fire department
apparatus including fire engines and aerial trucks. (SB)
6. Consider and act upon approving the purchase of water and wastewater materials
from Ferguson Enterprises, LLC, utilizing BuyBoard contracts; and authorizing the
Town Manager to execute documents for the same. (FJ)
7. Consider and act upon approving the purchase of one 2023 Chevrolet Silverado
2500HD for Facilities Management from Enterprise Fleet Management utilizing The
Interlocal Purchasing System (TIPS); and authorizing the Town Manager to execute
the same. (JC)
8. Consider and act upon approving the purchase of two 2023 Chevrolet Tahoe’s and for
the Police Department from Enterprise Fleet Management utilizing The Interlocal
Purchasing System (TIPS); and authorizing the Town Manager to execute the same.
(JC)
9. Consider and act upon approval of Change Order #3 related to construction services
for the Hays Park Project (1802-PK) to Ratliff Hardscape, Ltd., and authorizing the
Town Manager to execute the same. (DB)
10. Consider and act upon a resolution authorizing the Town Manager to execute an
Advance Funding Agreement between the Texas Department of Transportation
(TxDOT), and the Town of Prosper, Texas, related to the design and construction
funding of the Preston Road (SH 289) and First Street Dual Left Turn Lanes project.
(HW)
11. Consider and act upon approving a resolution supporting U.S. Highway 380 as a
Controlled Access Highway within the corporate limits of the Town of Prosper, in
accordance with recommendations by the Texas Department of Transportation in its
December 2022 Draft Environmental Impact Statement for U.S. Highway 380 from
Coit Road to FM 1827, and January 2023 Draft Environmental Assessment for U.S.
Highway 380 from Teel Parkway to Lakewood Drive; acknowledging the preferred
alignment of the future expansion of U.S. Highway 380 within the corporate limits of
the Town is consistent with the Town’s Thoroughfare Plan; requesting that the Texas
Department of Transportation’s final Environmental Impact Statement and
Environmental Assessment reflect the alignment of U.S. Highway 380 within the
corporate limits of the Town of Prosper as recommended; and authorize the Mayor to
submit comments to the Texas Department of Transportation on the Draft
Environmental Impact Statement and/or Draft Environmental Assessment. (HW)
12. Consider and act upon an ordinance establishing a no parking zone on Foxfield Court.
(HW)
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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.
REGULAR AGENDA:
If you wish to address the Council, please fill out a “Public Comment Request Form” and present
it to the Town Secretary, preferably before the meeting begins. Pursuant to Section 551.007 of
the Texas Government Code, individuals wishing to address the Council for items listed as public
hearings will be recognized when the public hearing is opened. For individuals wishing to speak
on a non-public hearing item, they may either address the Council during the Citizen Comments
portion of the meeting or when the item is considered by the Town Council.
Items for Individual Consideration:
13. Consider and act upon an ordinance adopting a Special Purpose Sign District for the
Gates of Prosper, Phase 2 and Phase 3, on 52.1± acres, located on the northwest
corner of US 380 and Preston Road. (MISC-23-0001) (BC)
14. Consider and act upon a resolution accepting the Independent Audit Report and
Annual Comprehensive Financial Report for the Fiscal Year Ended September 30,
2022, as audited by Weaver and Tidwell LLP, Certified Public Accountants. (CL)
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:
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 551.071 - Consultation with the Town Attorney regarding pending and
anticipated litigation regarding zoning and International Fire Code 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.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Adjourn.
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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, March 24, 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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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:
Mario Canizares, Town Manager
Michelle Lewis Sirianni, Town Secretary
Terry Welch, Town Attorney
Bob Scott, Executive Director of Administrative Services
Robyn Battle, Executive Director of Community Services
Chuck Ewings, Executive Director of Development and Infrastructure Services
Hulon Webb, Engineering Director
Chris Landrum, Finance Director
Jay Carter, Purchasing Manager
Stephanie Mays, Assistant Purchasing Manager
Sherry Fangio, Buyer
Whitney Rhem, Grants Administrator
James Edwards, Director of Human Resources
Items for Individual Consideration
1. Discuss the Town’s bid process and procurement methods. (JC)
Mr. Carter presented three alternative procurement methods that can be used for
construction projects, scoring used for Competitive Sealed Proposals (CSP) and
Request for Proposals (RFP), and various criteria that can be used.
Mr. Webb provided a history of a few previous projects based on using Competitive
Sealed Bid (CSB), and why the Town placed the CSP percentages into policy.
The Town Council discussed the different methods presented and the various
criteria that would identify and meet the Town’s objectives.
Staff suggested options to the Town Council for consideration moving forward such
as asking the Capital Improvement Sub Committee to review the upcoming projects
and determine the most important criteria to be used for the project, offering pre-bid
meetings, or removing the CSP percentages from the policy.
MINUTES
Prosper Town Council Work Session
Prosper Town Hall – Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, March 14, 2023
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Item 1.
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The Town Council consensus was to remove the CSP percentages from the policy,
and to change the criteria ratio to 65% cost, 25% time, and 10%
qualifications/references as a minimum standard but could be subject to change
based on the Capital Improvement Sub Committee recommendation.
The meeting was adjourned at 6:01 p.m.
These minutes approved on the 28th day of March 2023.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 1.
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Call to Order/ Roll Call.
The meeting was called to order at 6:15 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:
Mario Canizares, Town Manager
Michelle Lewis Sirianni, Town Secretary
Terry Welch, Town Attorney
Bob Scott, Executive Director of Administrative Services
Robyn Battle, Executive Director of Community Services
Chuck Ewings, Executive Director of Development and Infrastructure Services
Hulon Webb, Engineering Director
Chris Landrum, Finance Director
Whitney Rehm, Grants Administrator
James Edwards, Human Resources Director
Todd Rice, Communications Manager
Leigh Johnson, IT Director
Jessika Hotchkin, Help Desk Technician/Broadband Support
Mary Ann Moon, Economic Development Executive Director
Doug Kowalski, Police Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Jim Lugar with Life Journey 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:
The annual Prosper Spring Cleanup will take place on Saturday, March 25 at Prosper Town Hall
from 8:00 a.m. to noon. Residents are able to dispose of bulk trash items, electronic waste, and
shredding up to five boxes. No Hazardous Waste or tires will be accepted. Just bring a valid
Driver’s License or Utility Bill for verification.
The Discover Downtown Series kicks off on Friday, March 31 with a Moonlight Movie. Bring the
family to Downtown Prosper for fun, games, popcorn, and to watch Sonic the Hedgehog 2, an
action-adventure comedy film. Fun begins at 7:00 p.m. Parking will be on the north side of Town
Hall with the movie beginning at dusk.
MINUTES
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, March 14, 2023
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Item 2.
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Join Mayor Bristol along with your community in the newly expanded Mayor’s Fitness Challenge!
The annual Challenge will run the full year, beginning with the Spring Season, to encourage
wellness as a Prosper lifestyle. Challengers who submit a completed tracking sheet by June 9
will earn a t-shirt and entry into the drawing for the top seasonal prize, Bluetooth earbuds along
with other prizes and giveaways. Register today by visiting
prospertx.gov/mayorsfitnesschallenge.
Presentations.
1. Presentation of a Proclamation declaring March 2023, as Ask a Master Gardner
Month. (MLS)
Mayor Bristol read and presented a Proclamation to the Prosper residents who are a
part of the Collin County Master Gardner’s Association.
2. Presentation of a Proclamation declaring March 2023, as Theatre in our Schools
Month. (MLS)
Mayor Bristol read and presented a Proclamation to the Prosper High School Thespian
Troope.
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.
3. Consider and act upon the minutes from the February 28, 2023, Town Council
Joint Work Session meeting. (MLS)
4. Consider and act upon the minutes from the February 28, 2023, Town Council
Regular meeting. (MLS)
5. Consider and act upon approving Resolution 2023-27 supporting U.S. Highway
380 as a Controlled Access Highway within the corporate limits of the Town of
Prosper, in accordance with recommendations by the Texas Department of
Transportation in its December 2022 Draft Environmental Impact Statement for
U.S. Highway 380 from Coit Road to FM 1827, and January 2023 Draft
Environmental Assessment for U.S. Highway 380 from Teel Parkway to
Lakewood Drive; acknowledging the preferred alignment of the future
expansion of U.S. Highway 380 within the corporate limits of the Town is
consistent with the Town’s Thoroughfare Plan; requesting that the Texas
Department of Transportation’s final Environmental Impact Statement and
Environmental Assessment reflect the alignment of U.S. Highway 380 within the
corporate limits of the Town of Prosper as recommended; and authorize the
Mayor to submit comments to the Texas Department of Transportation on the
Draft Environmental Impact Statement and/or Draft Environmental Assessment.
(HW)
6. Consider and act upon approval of annual software maintenance and
operational open purchase orders with MCCi, for the Information Technology
Department during FY 2023. (LJ)
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Item 2.
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7. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between Lockwood, Andrews & Newnam, Inc.,
and the Town of Prosper, Texas, related to the design of the Upper Doe Branch
Wastewater Line (Teel Parkway to PISD Stadium) project. (HW)
8. Consider and act upon awarding RFP No. 2023-09-A for Benefits and Risk
Management Consultant services for the Town of Prosper, effective March 14,
2023, and authorizing the Town Manager to execute all documents for the same.
(JE)
Mayor Bristol requested to pull item 5.
Councilmember Cotten made a motion to approve consent agenda items 3, 4, and 6
through 8. Councilmember Ray seconded that motion, and the motion was
unanimously approved.
Mr. Canizares stated in regard to item 5 that TxDOT has extended the public
comments to April 5, therefore, will hold this item until the next regular meeting.
Councilmember Bartley made a motion to move consent agenda item 5 to the March
28, 2023 Town Council agenda. Mayor Pro-Tem Hodges seconded that motion, and
the motion was unanimously approved.
CITIZEN COMMENTS
No comments were made.
Items for Individual Consideration:
9. Consider and act upon Resolution 2023-28 of the Town Council of the Town of
Prosper, Texas, declaring the public necessity to acquire certain water line
easements and temporary construction easements for the construction of the
Town’s Lower Pressure Plane Water Line Phase 2A project; determining the
public use and necessity for such acquisition; authorizing the acquisition of
property rights necessary for said Project; appointing an appraiser and
negotiator as necessary; authorizing the Town Manager to establish just
compensation for the property rights to be acquired; authorizing the Town
Manager to take all steps necessary to acquire the needed property rights in
compliance with all applicable laws and resolutions; and authorizing the Town
Attorney to institute condemnation proceedings to acquire the property rights if
purchase negotiations are not successful. (HW)
Mr. Webb presented the item by identifying the 12 parcels affected with this project.
Mr. Webb stated this item gives staff the ability and authority to move forward with
condemnation if negotiations are unsuccessful with the property owners. This item
requires a roll call vote.
The Town Council briefly discussed the easement and how it affects the setbacks with
any development.
Councilmember Cotten made a motion to approve Resolution 2023-28 of the Town
Council of the Town of Prosper, Texas, declaring the public necessity to acquire
certain water line easements and temporary construction easements for the
construction of the Town’s Lower Pressure Plane Water Line Phase 2A project;
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Item 2.
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determining the public use and necessity for such acquisition; authorizing the
acquisition of property rights necessary for said Project; appointing an appraiser and
negotiator as necessary; authorizing the Town Manager to establish just
compensation for the property rights to be acquired; authorizing the Town Manager to
take all steps necessary to acquire the needed property rights in compliance with all
applicable laws and resolutions; and authorizing the Town Attorney to institute
condemnation proceedings to acquire the property rights if purchase negotiations are
not successful. Mayor Pro-Tem Hodges seconded that motion.
Councilmember Ray – For
Councilmember Bartley – For
Mayor Pro-Tem Hodges – For
Mayor Bristol – For
Deputy Mayor-Pro Tem Andres – For
Councilmember Kern – For
Councilmember Cotten – For
The motion passes with a 7-0 roll call vote.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Councilmember Kern requested for the timing of the light signalization to be checked at First
Street and the tollway due to backup since the opening of the overpass.
Mayor Bristol requested a list of items and their status requested thus far.
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:
Section 551.087 – To discuss and consider economic development incentives and all
matters incident and related thereto including federal Economic Development
Administration projects.
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.
The Town Council recessed into Executive Session at 6:45 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 8:12 p.m.
No action was taken.
Adjourn.
The meeting was adjourned at 8:12 p.m.
These minutes approved on the 28th day of March 2023.
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Item 2.
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APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 2.
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Call to Order/ Roll Call.
The meeting was called to order at 4:30 p.m.
Council Members Present:
Mayor David F. Bristol
Deputy Mayor Pro-Tem Craig Andres
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Chris Kern
Councilmember Charles Cotten
Council Members Absent:
Mayor Pro-Tem Jeff Hodges
Staff Members Present:
Mario Canizares, Town Manager
Bob Scott, Executive Director of Administrative Services
Bret Bauer, Government Professional Services
Items for Individual Consideration
1. Discuss the strategic vision and goals for the Town.
The Town Council continued discussions regarding short-term and long-term goals
for the Town based on their previously held work session on February 18, 2023.
Five short-term goals discussed included accelerating infrastructure, a diversified
and growing tax base, preparing commercial corridors for development, develop
Downtown as a destination, and excellence in Municipal services. Topics discussed
within the long-term goals included Town facilities and technology infrastructure.
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:
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.
The Town Council did not recess into Executive Session. Therefore, no other action was taken.
Adjourn.
The meeting was adjourned at 7:02 p.m.
MINUTES
Prosper Town Council Work Session
Prosper Town Hall – Executive Conference Room
250 W. First Street, Prosper, Texas
Monday, March 20, 2023
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Item 3.
Page 2 of 2
These minutes approved on the 28th day of March 2023.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 3.
Page 1 of 2
To: Mayor and Town Council
From: Chris Landrum, Finance Director
Through: Mario Canizares, Town Manager
Bob Scott, Executive Director of Administrative Services
Re: Bank Depository Service Agreement
Town Council Meeting – March 28, 2023
Agenda Item:
Consider and act upon a resolution awarding the depository services contract to Independent
Financial and authorizing the Town Manager to execute all documents for same.
Description of Agenda Item:
The Town’s five-year bank depository relationship with Independent Financial will expire on June
30, 2023. Therefore, the Town of Prosper solicited applications for bank depository services.
Requests for Applications (RFAs) were distributed to the financial institutions within the Town
limits. Applications were received from two banks by the deadline of January 24, 2023. The
banks submitting applications were Independent Financial and Wells Fargo Bank, N.A.
An evaluation committee of Town Staff and the banking consultant, Valley View Consulting L.L.C.,
was established to review the applications. The committee included Chris Landrum, Finance
Director, Lynn Regan, Accounting Manager, Jay Carter, Purchasing Manager and Valley View
Consulting representatives.
The RFA required each application to be evaluated to determine “the best value” for the Town.
The evaluation was based on, but not limited to, the following criteria in no particular order of
priority:
1. Ability to perform and provide the required and requested services
2. References provided and quality of services
3. Cost of services
4. Transition cost, retention and transition offers and incentives
5. Funds availability
6. Interest paid on interest bearing accounts and deposits
7. Earnings credit calculation on compensating balances
8. Completeness of application and agreement to points outlined in the RFA
9. Convenience of location(s)
10. Previous service relationship with the Town
11. And financial strength and stability of the institution
The attached consultant’s report summarizes the process and the evaluation of the applications
from the two banks. The recommendation of the evaluation committee is that the Council award
the contract to Independent Financial.
FINANCE
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Item 4.
Page 2 of 2
The proposed term for the Agreement is a two-year period beginning on July 1, 2023, and ending
on June 30, 2025. The Agreement may be extended for three additional one-year periods, subject
to the approval of the Town Council and Independent Financial. Under state law, a municipality
can execute a depository services agreement whose terms do not exceed five years.
Budget Impact:
The precise amount of budgetary impact is dependent on daily balances and interest rates.
Because interest rates have increased significantly, we expect an increase in interest income.
The proposed interest rates are very competitive.
Legal Obligations and Review:
Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the resolution as to form and legality.
Attached Documents:
1. Resolution Awarding Depository Service Contract
2. Bank RFA Project Recap by Valley View Consulting, L.L.C.
3. Banking RFA Project Recap Presentation by Valley View Consulting, L.L.C.
Town Staff Recommendation:
Town staff recommends approving a resolution awarding the depository services contract to
Independent Financial and authorizing the Town Manager to execute all documents for same.
Proposed Motion:
I move to approve a resolution awarding the depository services contract to Independent Financial
and authorizing the Town Manager to execute all documents for same.
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Item 4.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023 - XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AWARDING THE DEPOSITORY SERVICES CONTRACT TO
INDEPENDENT FINANCIAL AND APPROVING AND AUTHORIZING THE
TOWN MANAGER, THE TOWN MANAGER’S DESIGNEE OR OTHER
OFFICIAL OF THE TOWN AS SHALL BE REQUIRED, TO EXECUTE ALL
RELATED AGREEMENTS NECESSARY; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, Section 105.107 of the Texas Local Government Code provides that
no term of a contact for Depository Services may exceed five (5) years; and
WHEREAS, the Town, in compliance with Chapter 105 of the Texas Local
Government Code, through a competitive application process, solicited applications from
local financial institutions to serve as the Town’s primary depository; and
WHEREAS, the Town has reviewed and evaluated the submitted applications; and
WHEREAS, the Town has determined that the application received from
Independent Financial is the most advantageous to the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, THAT:
SECTION 1
That the findings set out in the preamble to this resolution are hereby in all things
approved and adopted.
SECTION 2
The Town Manager, the Town Manager’s designee, or other official of the Town as
shall be required, is hereby authorized and directed to execute any and all contracts and
other documents, as approved by the Town Attorney’s Office, incident to the Agreement
between the Town of Prosper, Texas, and Independent Financial.
SECTION 3
The initial contract term shall commence on July 1, 2023, and end on June 30,
2024, with the option of three (3) one (1) year extensions at the discretion of the Town.
SECTION 4
This Resolution shall be effective from and after its passage by the Town Council.
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Item 4.
Resolution No. 2023-, Page 2
DULY RESOLVED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, ON THIS 28TH DAY OF MARCH, 2023.
______________________________
David F. Bristol, Mayor
ATTEST:
____________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrence S. Welch, Town Attorney
Page 17
Item 4.
2428 Carters Mill Road, Huddleston, VA 24104-4003
540.297.3419
February 28, 2023
Mr. Bob Scott, Executive Director of Administrative Services
Town of Prosper
250 West First Street
Prosper, Texas 75078
Dear Mr. Scott:
Thank you for the opportunity to assist the Town of Prosper (the “Town”) with this Depository Bank
Services Request for Applications (the “RFA”) project. This assistance was provided to the Town as a
service included in the Investment Advisory agreement.
The objective of this engagement was to assist the Town in selecting a primary depository bank following
the expiration of the current contract which ends June 30, 2023. The new contract period will be for an
initial term of two (2) years commencing July 1, 2023 and continuing through June 30, 2025, with three
(3) one-year extension options under the same terms and conditions.
Procedure
The Primary Depository Bank Services RFA project began with the establishment of a Calendar of
Events to ensure that the required project steps were performed in a timely and sequential manner.
The process for selecting a Primary Depository Bank is governed by the State of Texas Local
Government Codes: Chapter 105 Municipal Depository Act; Chapter 176 Conflict of Interest Act;
Chapter 2256 Public Funds Investment Act; and Chapter 2257 Public Funds Collateral Act.
In addition to complying with these State statutory requirements, it was necessary to comply with the
Town’s financial and purchasing policies, and Investment Policy.
The RFA procedure was conducted as follows:
1. Analyzed bank service usage and balance records.
2. Reviewed bank accounts and statements.
3. Established the minimum required banking services and potential additional services.
4. Developed a list of potential financial institutions within the municipal boundaries of the Town
of Prosper:
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Item 4.
Page 2 of 4
2428 Carters Mill Road, Huddleston, VA 24104-4003
540.297.3419
a. Bank of America, N.A.
b. Farmers Bank & Trust Company
c. First United Bank and Trust Company
d. Independent Financial (Incumbent)
e. JPMorgan Chase Bank, N.A.
f. Texas Bank
g. Wells Fargo Bank, N.A.
h. Woodforest National Bank
5. Contacted the identified financial institutions.
6. Drafted the RFA for review and approval.
7. Advertised as required.
8. RFA documents were distributed to the eligible banks via email.
9. Hosted a Pre-Application Zoom Conference Call that was attended by the following:
a. Farmers Bank & Trust
b. Independent Financial (Incumbent)
c. JPMorgan Chase Bank, N.A.
d. Wells Fargo Bank, N.A.
10. By the deadline, two (2) applications were received from the following banks:
a. Independent Financial (Incumbent)
b. Wells Fargo Bank, N.A.
The evaluation of the applications was based on, but not limited to, the following criteria, in no particular
order of priority:
1. Ability to perform and provide the required and requested services
2. References provided and quality of services
3. Cost of services
4. Transition cost, retention and transition offers and incentives
5. Funds availability
6. Interest paid on interest bearing accounts and deposits
7. Earnings credit calculation on compensating balances
8. Completeness of application and agreement to points outlined in the RFA
9. Convenience of location(s)
10. Previous service relationship with the Town
11. And financial strength and stability of the institution
Page 19
Item 4.
Page 3 of 4
2428 Carters Mill Road, Huddleston, VA 24104-4003
540.297.3419
Fees - Depository Services
Both banks provided a proposed schedule of fees based on the monthly volumes of specific services to
be provided to the Town, which were both approximately $1,500 per month.
Earnings on Balances
In addition to bank service charges, the bank’s interest rates on balances are an important part of the
relationship. There are two potential earnings sources for the balances held at the bank:
Earnings Credit: The earnings credit calculates “soft-dollar earnings” that can only be used to offset
banking fees. Earnings credit amounts above the applicable fees is not paid to the Town as interest.
Independent Financial offered an earnings credit rate indexed to the upper end of the Fed Funds target
rate, which at the time of submission was 4.50%. Wells Fargo offered a bank managed rate of 1.65%,
and because of that, Wells Fargo was analyzed using their interest-bearing option which would provide
the better option to the Town.
Hard-dollar Interest: Hard-dollar interest is “regular” interest earnings that result in a deposit to the
Town’s account, typically at the end of each month.
Earnings credit, hard-dollar interest, or a combination of the two, can be used to offset any services
charges. In the analysis, each bank’s potential earnings credit was compared to the hard-dollar interest.
The better option was then optimized to offset the greatest amount of banking fees. Where appropriate,
once the Town’s target compensating balance generated enough earnings credit to offset most fees, any
excess balance was shown to be invested in that bank’s most attractive hard-dollar interest earnings
alternative.
Financial Analysis
The table on the following page shows the impact of the fees and the interest rates offered by both banks
and the net result to the Town:
Page 20
Item 4.
Page 4 of 4
2428 Carters Mill Road, Huddleston, VA 24104-4003
540.297.3419
Recommendation
Serving as the Town’s depository for the past five (5) years, Independent Financial has been a valued
and dependable business partner for the Town and has demonstrated their capability and commitment
to provide the highest level of customer service through a professional public funds banking group.
Based on the financial analysis and the current service experience the Town has received, the Town
staff is recommending that the Council award the contract to Independent Financial Bank. Valley
View Consulting concurs with this recommendation.
Please contact E.K. Hufstedler, Thomas Ross, or me to discuss any questions or additional information
needs. Thank you for this opportunity to once again serve the Town of Prosper.
Sincerely,
Timothy Pinon
Valley View Consulting, L.L.C.
Independent Wells Fargo
$33,400,000 33,400,000
($31,939) ($25,740)
4.50% 1.65%
31,939 159
4.50% 4.09%
2,974,061 2,731,711
$2,974,061 $2,706,130
($86,693) ($79,351)
86,693 407
7,428,307 6,829,278
$7,428,307 $6,750,333
0 5,000
$7,428,307 $6,755,333
Net Five Year Income
Incentives Offered
Net Income w/ Incentives
Interest Rate on Balances
Two Year Investment Income
Net Two Year Income
Fees for Five Year Term
Earnings Credit for Five Year
Five Year Investment Income
Summary Financial Comparison
Average Bank Balance
Fees for Two Year Term
Earnings Credit Rate
Earnings Credit for 2 Years
Page 21
Item 4.
Banking RFA Project Recap
for
Presented by Tim Pinon
Page 22
Item 4.
Objective
•Select a primary depository financial institution
•Initial agreement begins July 1, 2023
•Ends June 30, 2025
•Prosper may extend contract for three additional one-year
periods through June 30, 2028
Page 23
Item 4.
Governing Codes
•Chapter 105 Municipal Depository Act
•Chapter 176 Conflict of Interest Act
•Chapter 2256 Public Funds Investment Act, and
•Chapter 2257 Public Funds Collateral Act
Page 24
Item 4.
Project Steps
1.Analyzed historical bank service usage and balances
2.Reviewed the required banking services and potential additional services
3.Developed a list of eligible financial institutions within Town boundaries
Totaled 8 institutions
4.Contacted representatives from each financial institution
5.Drafted RFA for Town
Page 25
Item 4.
Project Steps Continued
6. Advertised as required
7.Distributed the RFA to all eligible banks via email
8.Held a non-mandatory pre-application video conference
Attended by:
•Farmers Bank & Trust
•Independent Financial (Incumbent)
•JPMorgan Chase Bank, N.A.
•Wells Fargo Bank, N.A.
Page 26
Item 4.
Applications Received
1.Independent Financial (Incumbent)
2.Wells Fargo Bank, N.A.
Page 27
Item 4.
Evaluation Criteria
1.Ability to perform and provide the required and requested services.
2.References provided and quality of services
3.Cost of services;
4.Transition cost,retention and transition offers and incentives;
5.Funds availability;
6.Interest paid on interest bearing accounts and deposits;
7.Earnings credit calculation on compensating balances;
8.Completeness of application and agreement to points outlined in the RFA;
9.Applicants physical location as defined in the RFA and the convenience of location(s);
10.Previous service relationship with the Town;and
11.Financial strength and stability of the institution.
Page 28
Item 4.
Bank Fees
Independent
Financial
(Incumbent)
Wells Fargo
Proposed Fees - Banking Services
$33,400,000 $33,400,000
Current Services Fee Estimate (1,521)(1,489)
3 6
4,563 10,000
(31,939)(25,740)
(86,693)(79,351)
FEE ANALYSIS OF DEPOSITORY SERVICES
Projected Bank Balance
Number of months of TOTAL fee waiver
Amount of TOTAL Fees Waived
Fees for Two Year Term
Fees for Five Year Term
Page 29
Item 4.
RFA Analysis –Earnings Credit
Independent
Financial
(Incumbent)
Wells Fargo
Earnings Credit
4.50%1.65%
Upper end of FED
Target Rate Bank Managed
405,580 5,000
1,521 7
31,939 (9,835)
86,693 (9,588)
0 (35,575)
0 (88,938)Net Fees for Five Year Term
Target DDA Compensating Balance
Rate
Net Fees for Two Year Term
Earnings Credit for Five Year Term
Earnings Credit for Two Year Term
Rate Basis
Monthly Earnings Credit less Reserve
Page 30
Item 4.
RFA Analysis –Interest Earnings
Independent
Financial
(Incumbent)
Wells Fargo
Interest Income Estimate
IB DDA/Sweep Non IB DDA/MMMF
Sweep
Upper end of FED
Target Rate MMMF Rate
4.50%4.09%
33,400,000 33,395,000
3
Waived 360
375,750
32,994,420 33,395,000
123,729 113,821
2,974,061 2,731,711
7,428,307 6,829,278
2,974,061 2,696,136
7,428,307 6,740,339
Investment Balance Available During Waiver Period
Number of months
Five Year Income/(Cost)
Monthly Investment fees if applicable
"Bonus Interest" earned during waiver period
Five Year Investment Income
Two Year Income/(Cost)
Investment Balance
Monthly Investment Income
Two Year Investment Income
Investment Option
Rate Basis
Interest Rate (1/24/23)
Page 31
Item 4.
Contract Incentives
Independent
Financial
(Incumbent)
Wells Fargo
Contract Incentives
2,974,061 2,701,136
7,428,307 6,745,339
$5,000
Five Year Income/(Cost) with Contract Incentives
Remote Deposit Scanners
Tamperproof Deposit Bags at No Cost
Two Year Income/(Cost) with Contract Incentives
Cash Transition Allowance
Endorsement Stamps & Other Supplies at No Cost
Page 32
Item 4.
Staff recommendation
The Staff recommends, and Valley View Consulting concurs with
accepting the application from Independent Financial based on
the following:
1.Offered the most favorable terms and conditions of the two
applications received.
2.Proven track record of performance as the current depository.
3.Staying with incumbent eliminates work of changing banks
Page 33
Item 4.
Valley View Consulting Banking Team
•Tim Pinon
•tdpinon@valleyviewconsultingllc.com
•Tom Ross
•thross@valleyviewconsultingllc.com
•E.K. Hufstedler
•ekhufstedler@valleyviewconsultingllc.com
Page 34
Item 4.
Page 1
DEPOSITORY SERVICES CONTRACT
THIS DEPOSITORY SERVICES CONTRACT, hereinafter called the “Contract”, is made and entered
into on the date last herein written by and between the Town of Prosper, Texas, hereinafter called the
“Town”, and Independent Financial Bank, a banking association, organized under the law of the United
States and authorized by law to do banking business in the State of Texas, hereinafter called the "Bank”, and
provides as follows:
1. Designation of Depository. The Town, through action of the Town Council, on March 28,
2023, hereby designates the Bank as a primary depository bank for the period beginning July 1, 2023, and
continuing through June 30, 2025, with the option for three (3) one-year extensions under the same terms
and conditions.
2. General. All services rendered to the Town by the Bank under this Contract shall be performed
in accordance with commercially reasonable standards for public fund organizations and under the overall
direction and instructions of the Town pursuant to the Bank’s standard operations, policies, and procedures.
3. Scope of Services. The Bank agrees to provide those services as described in the Town’s
Request for Application for Depository Bank Services released on December 14, 2022, hereinafter referred
to as the “RFA”. The RFA and the Bank’s response to the RFA, hereinafter referred to as the “Application”,
are incorporated herein by reference. The Bank acknowledges that all services performed by the Bank are
subject to the approval of the Town. The Bank agrees to provide additional services as requested from time
to time by the Town and mutually agreed upon by the Bank.
4. Town Representatives. During the term of this Contract, the Town will, through appropriate
action of its Town Council, designate the officer, or officers, who singly or jointly will be authorized to
represent and act on behalf of Town in any and all matters of every kind arising under this Contract and to
(a) appoint and designate, from time to time, a person or persons who may request withdrawals, orders for
payment or transfer on behalf of the Town in accordance with the electronic funds or funds transfer
agreement and addenda, and (b) make withdrawals or transfer by written instrument.
5. Custodian. The Town and the Bank, by execution of this Contract, hereby designate Plains
Capital Bank as custodian, hereinafter called the “Custodian”, to hold in trust, according to the terms and
conditions of this Contract, the collateral described and pledged by the Bank in accordance with the
provisions of this Contract.
6. Custodial Fees. Any and all fees associated with the Custodian’s holding of collateral for the
benefit of the Town shall be paid by the Bank, and the Town will have no liability therefore.
7. Entire Agreement. The entire agreement between Bank and Town shall consist of this
Contract, the Town’s RFA (except to the extent Bank took specific exceptions in the Bank’s Application),
the Bank’s Application, the Custodial Agreement with Custodian, and other such bank service agreements,
policies and documents as may be required and approved by the parties (together, the “Banking
Agreements”), each incorporated by reference as they presently exist and each listed in governing order of
precedence in the event of conflict among the documents. This Contract supersedes any and all prior
representations, statements, and agreements, whether written or oral. The terms and provisions of this
Contract may not be amended, altered, or waived except by mutual agreement evidenced by a written
instrument signed by duly authorized representatives of both parties.
8. Collateralization. All funds on deposit with the Bank to the credit of the Town shall be secured
by collateral as provided for in the Public Funds Investment Act (Chapter 2256 of the Texas Government
Code as amended), the Public Funds Collateral Act (Chapter 2257 of the Texas Government Code), the
Town’s Investment Policy, and the Bank’s Application. The Town agrees to promptly provide to the Bank
Page 35
Item 4.
Page 2
any changes to its Investment Policy. The Depositor agrees that it shall only direct the Bank in writing to
make investments authorized pursuant to the foregoing.
If marketable securities are pledged by the Bank as collateral, the total market value of the securities
securing such deposits shall be in an amount at least equal to the minimum required amount as per the
Town’s Investment Policy. The market value of any pledged securities (collateral) must be obtained from
non-Bank-affiliated sources. The Bank shall monitor and maintain the required collateral margins and
levels at all times.
The Bank has heretofore, or will immediately hereafter, deliver to the Custodian collateral of the
kind and character above mentioned of sufficient amount and market value to provide adequate collateral
for the funds of the Town deposited with the Bank. The Custodian shall accept said collateral and hold the
same in trust for the purposes herein stated. Said collateral or substitute collateral, as hereinafter provided
for, shall be kept and retained by the Custodian in trust so long as deposits of the Town remain with the
Bank. The Bank hereby grants a security interest in such collateral to Town.
If at any time the collateral in the hands of Custodian shall have a market value in excess of the
required balances, the Town may authorize the withdrawal of a specified amount of collateral, and the
Custodian shall deliver this amount of collateral (and no more) to the Bank.
If the Bank shall desire to sell or otherwise dispose of any one or more of said securities so
deposited with the Custodian, the Bank may substitute for any one or more of such securities other securities
of the same market value and of the character authorized herein. Such right of substitution shall remain in
full force and may be exercised by the Bank as often as it may desire; provided, however, that the aggregate
market value of all collateral pledged hereunder, shall be at least equal to the amount of collateral required
hereunder. If at any time, the aggregate market value of such collateral so deposited with the Custodian be
less than the total sum of the Town’s funds on deposit with the Bank, the Bank shall immediately deposit
with the Custodian such additional collateral as may be necessary to cause the market value of such
collateral to equal the total amount of required collateral. The Bank shall be entitled to income on securities
held by the Custodian, and the Custodian may dispose of such income as directed by the Bank without
approval of the Town.
If surety bonds or letters of credit are utilized, the Town shall agree as to the issuer and form of
contract prior to pledge. The amount of surety bonds or letters of credit will be at least equal to the minimum
required amount as per the Town’s Investment Policy.
9. Pledge Receipts. The Custodian shall promptly forward to the Town copies of pledge receipts
covering all such collateral held for the Town, including substitute collateral as provided for herein.
10. Default. Should the Bank fail at any time to pay and satisfy, when due, any check, draft, or
voucher lawfully drawn against any deposits and the interest on such deposits or in any manner breach the
Banking Agreements with the Town, the Town shall give written notice of such failure or breach to the
Bank, and the Bank shall have one (1) business day to cure such failure or breach. In the event the Bank
shall fail to cure any such failure or breach within one (1) business day or should the Bank be declared
insolvent by a Federal banking regulatory agency, it shall be the duty of the Custodian, upon demand of the
Town, to surrender the above-described collateral to the Town, or it shall be the duty of the surety bond or
letter of credit provider to perform under the terms of their respective contract.
The Town may sell any part of such collateral, or receive all or any part of a surety bond or letter
of credit settlement, and out of the proceeds thereof, pay the Town all damages and losses sustained by it,
together with all reasonable and documented expenses of any and every kind incurred by it on account of
such failure or insolvency, or sale, and account to the Bank for the remainder, if any, of said proceeds or
collateral remaining unsold.
Page 36
Item 4.
Page 3
11. Sale of Seized Collateral. Any sale of such seized collateral, or any part thereof, made by the
Town hereunder may be either at public or private sale, provided however, it shall give both the Custodian
and the Bank two (2) hours’ prior written notice of the time and place where such sale shall take place, and
such sale shall be to the highest bidder therefore for cash. The Town and the Bank shall have the right to
bid at such sale.
12. Release of Collateral. When the relationship of the Town and the Bank shall have ceased and
when the Bank shall have properly paid out all deposits of the Town, it shall be the duty of the Town to
give the Custodian notice to that effect; whereupon the Custodian shall, with the approval of the Town,
redeliver to the Bank all collateral then in its possession belonging to Bank. An order in writing to the
Custodian by the Town and a receipt for such collateral by the Bank shall be a full and final release of the
Custodian of all duties and obligations undertaken by it by virtue of these presents.
13. Successors. This Contract shall be binding upon and inure to the benefit of the parties hereto
and their respective successors and assigns. Whenever a reference is made herein to either party, such
reference shall include the party’s successors and assigns.
14. Compensation. The Town and the Bank agree that any compensation for the performance of
all duties and services and interest rate or earnings credit paid on all deposits is set forth in the Application
accepted by the Town. Except as may otherwise be provided in the Banking Agreements, said
compensation shall constitute full payment for all services, liaison, products, materials, and equipment
required to provide the professional banking services, including services, materials, training, equipment,
travel, overhead, and expenses. Fees shall be fixed for the term of the Banking Agreements, including all
extensions.
15. Consideration. The Banking Agreements, are executed by the parties hereto without coercion
or duress and for substantial consideration, the sufficiency of which is forever confessed.
16. Counterparts. This Contract and other agreements shall be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. An electronic or other signature
shall also be deemed to constitute an original if properly executed.
17. Authority to Execute. The individuals executing this Contract and other agreements on behalf
of the respective parties below represent to each other and to others that all appropriate and necessary action
has been taken to authorize the individual who is executing this Contract and other agreements to do so for
and on behalf of the party for which his or her signature appears, that there are no other parties or entities
required to execute this Contract and other agreements in order for the same to be an authorized and binding
on the party for whom the individual is signing and that each individual affixing his or her signature hereto
is authorized to do so.
18. Governing Law and Venue. This Contract shall be governed by the laws of the State of Texas.
Collin County shall be the venue for any lawsuit arising out of this Contract.
19. Certification Regarding Boycotting of Israel. Texas Government Code, Title 10, Subtitle
F, Chapter 2271.002 - Provision Required in Contract. (a) This section applies only to a contract that:
(1) Is between a governmental entity and a company with 10 or more full-time employees; and
(2) Has a value of $100,000 or more that is to be paid wholly or partly from public funds of the
government entity.
(b) A governmental entity may not enter into a contract with a company for goods or services unless the
contract contains a written verification from the company that it:
(1) Does not boycott Israel; and
(2) Will not boycott Israel during the term of the contract.
Page 37
Item 4.
Page 4
20. Certification Regarding Boycotting of Certain Energy Companies. Texas Government
Code, Title 10, Subtitle F, Chapter 2274.002 - Provision Required in Contract. (a) This section applies
only to a contract that:
(1) Is between a governmental entity and a company with 10 or more full-time employees; and
(2) Has a value of $100,000 or more that is to be paid wholly or partly from public funds of the
government entity.
(b) Except as provided in Subsection (c), a governmental entity may not enter into a contract with a
company for goods or services unless the contract contains a written verification from the company that
it:
(1) Does not boycott energy companies; and
(2) Will not boycott energy companies during the term of the contract.
(c) Subsection (b) does not apply to a governmental entity that determines the requirement of Subsection
(b) are inconsistent with the governmental entity’s constitutional or statutory duties related to the
issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing,
or investment of funds.
21. Certification Regarding Boycotting of Firearms Entity or Firearms Trade Association.
Texas Government Code, Title 10, Subtitle F, Chapter 2274.002 - Provision Required in Contract. (a)
This section applies only to a contract that:
(1) Is between a governmental entity and a company with at least 10 full-time employees; and
(2) Has a value of at least $100,000 that is paid wholly or partly from public funds of the government
entity.
(b) Except as provided by Subsection (c) and Section 2274.003, a governmental entity may not enter into
a contract with a company for the purchase of goods or services unless the contract contains a written
verification from the company that it:
(1) Does not have a practice, policy, guidance, or directive that discriminates against a firearm entity
of firearm trade association; and
(2) Will not discriminate during the term of the contract against a firearm entity or firearm trade
association.
(c) Subsection (b) does not apply to a governmental entity that:
(1) Contracts with a sole-source provider; or
(2) Does not receive any bids from a company that is able to provide the written verification required
by that subsection.
22. Notices. Except as may otherwise be specified in the applicable service-level agreements
and/or set-up forms, any demand, notice, request, instruction, designation, or other communication(s)
required in writing under this Contract shall be personally delivered or sent certified mail, return receipt
requested, to the other party as follows:
Town: Town of Propser
Attn: Chris Landrum
250 West First Street
Prosper, TX 75078
Page 38
Item 4.
Page 5
Bank:
Attn:
Changes to notice information may be made by either party with written notification to the other party.
23.Severability. If any provision of this Contract is held to be illegal, invalid, or unenforceable
by a court of competent jurisdiction, the parties, shall, if possible, agree on a legal, valid, and enforceable
substitute provision that is as similar in effect to the illegal, invalid, or unenforceable provision as possible.
The remaining portion of the Contract not declared illegal, invalid, or unenforceable shall remain valid and
in full force and effect for the term remaining.
24.Binding Commitment. The Bank hereby acknowledges itself duly and firmly bound for the
faithful performance of all the duties and obligations required by applicable law, including the Government
Code and Local Government Code, such that all funds deposited with it as depository shall be faithfully
kept by it and accounted for according to law.
25.Continuation. Unless this contract is terminated sooner, the Bank’s designation as the primary
Town Depository will remain continuously in effect through June 30, 2025, and subject to execution of the
three additional optional 1-year extension options extending to June 20, 2028.
Executed by the undersigned duly authorized officers of the parties hereto:
TOWN BANK
By: By:
Name: Mario Canizares Name:
Title: Town Manager Title:
Date: Date:
ATTEST: ATTEST
By: By:
Name: Name:
Title: Title:
Kathy Armstrong, EVP Independent Financial
7777 Henneman Way McKinney, Texas 75070
Kathy Armstrong
Executive Vice President
2/22/2023
Elizabeth Holland
Assistant Vice President
Page 39
Item 4.
Page 1 of 1
To: Mayor and Town Council
From: Stuart Blasingame, Fire Department
Through: Mario Canizares, Town Manager
Re: Siddons-Martin Emergency Group, LLC - Apparatus Maintenance and
Repairs
Town Council Meeting – March 28, 2023
Agenda Item:
Consider and act upon approving funding for expenses of scheduled and unscheduled
maintenance and repairs by Siddons-Martin Emergency Group, LLC to fire department apparatus
including fire engines and aerial trucks.
Description of Agenda Item:
This purchase will provide funding necessary for scheduled and unscheduled maintenance and
repairs to fire department apparatus. Siddons-Martin Emergency Group, LLC is the exclusive
dealer for the sale, service, parts, and warranty of custom and commercial fire apparatus by Pierce
in the state of Texas.
Budget Impact:
The estimated annual expenditure for this service is $100,000.00 and will be funded through the
FY23 operating budget account number 100-5350-30-01.
Attached Documents:
1. Sole Source Letter
Town Staff Recommendation:
Town Staff recommends approving funding for expenses of scheduled and unscheduled
maintenance and repairs by Siddons-Martin Emergency Group, LLC to fire department apparatus
including fire engines and aerial trucks.
Proposed Motion:
I move to approve funding for expenses of scheduled and unscheduled maintenance and repairs
by Siddons-Martin Emergency Group, LLC to fire department apparatus including fire engines and
aerial trucks.
FIRE DEPARTMENT
Page 40
Item 5.
PIERCE MANUFACTURING INC.
AN OSHKOSH CORPORATION COMPANY • ISO 9001 CERTIFIED
2600 AMERICAN DRIVE
POST OFFICE BOX 2017
APPLETON, WISCONSIN 54912-2017
920-832-3000 • FAX 920-832-3208
www.piercemfg.com
January 13, 2023
RE: Sole Source
To whom it may concern:
To provide you with the personalized level of sales, service, and warranty you deserve, Pierce
has established a network of authorized dealers throughout the country. Siddons-Martin
Emergency Group, LLC is the exclusive dealer for the sale, service, parts, and warranty of
custom and commercial fire apparatus manufactured by Pierce in the states of Texas, Louisiana,
New Mexico, Utah, and Nevada (except for Clark County in Nevada).
Siddons-Martin Emergency Group, LLC is extremely qualified to provide you with the support you
have come to expect from Pierce and has service & warranty facilities located in each state they
represent.
Please contact Siddons-Martin Emergency Group, LLC direct for Sales support or visit their
website for more information at www.siddonsmartin.com.
Sincerely,
Charley Hopp
Manager – Contracts and Sales Support
Pierce Manufacturing Inc.
Page 41
Item 5.
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 & Infrastructure
Services
Mario Canizares, Town Manager
Re: Miscellaneous Water & Wastewater Material Purchases
Town Council Meeting – March 28, 2023
Agenda Item:
Consider and act upon approving the purchase of water and wastewater materials from Ferguson
Enterprises, LLC, utilizing BuyBoard contracts; and authorizing the Town Manager to execute
documents for the same.
Description of Agenda Item:
In order to maintain efficient and effective repairs and installations of our water and wastewater
system, staff is asking for the approval of an annual purchase amount from Ferguson Enterprises,
LLC. Due to additional projects and material availability, staff anticipate exceeding purchasing
limits for these water and wastewater pipe and materials from Ferguson Enterprises. Purchases
are not expected to exceed budgeted amounts.
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 interlocal participation agreements with the Texas Local
Government Purchasing Cooperative (Buyboard) and Sourcewell (formerly NJPA), respectively.
Participation in the cooperative purchasing programs allow our local government to purchase
goods and services through the cooperative programs, while satisfying all competitive bidding
requirements.
Budget Impact:
The annual purchase of water and wastewater materials is $190,000. Purchases will be funded
from System Improvements, account 200-5670-50-02 in the amount of $160,000 and 200-5670-
50-03 in the amount of $30,000.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Public Works
Page 42
Item 6.
Page 2 of 2
Town Staff Recommendation:
Town Staff recommends approving the purchase of miscellaneous water and wastewater parts
from Ferguson Enterprises, LLC, utilizing BuyBoard contracts; and authorizing the Town Manager
to execute documents for the same.
Proposed Motion:
I move to approve the purchase of miscellaneous water and wastewater parts from Ferguson
Enterprises, LLC, utilizing BuyBoard contracts; and authorize the Town Manager to execute
documents for the same.
Page 43
Item 6.
Page 1 of 2
To: Mayor and Town Council
From: Jay Carter, Purchasing Manager
Through: Mario Canizares, Town Manager
Re: Chevy Silverado Vehicle Purchase
Town Council Meeting – March 28, 2023
Agenda Item:
Consider and act upon approving the purchase of one 2023 Chevrolet Silverado 2500HD for
Facilities Management from Enterprise Fleet Management utilizing The Interlocal Purchasing
System (TIPS); and authorizing the Town Manager to execute the same.
Description of Agenda Item:
A van was approved in the FY23 operating funds budget prior to the hiring of the new position of
Facilities Manager. After reviewing the vehicle needs with the Manager it was determined that a
truck would be a better choice to support this position. This is a new addition to the fleet that will
be purchased from Enterprise Fleet utilizing The Interlocal Purchasing System (TIPS).
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 previously entered into an interlocal agreement with TIPS. Participation in
the cooperative purchasing program allows our local government to purchase goods and services
through the cooperative program, while satisfying all competitive bidding requirements.
Budget Impact:
This item was approved in the FY23 operating fund budget for Facilities Management and will be
funded from 100-6160-50-05 in the amount of $60,300.50.
Attached Documents:
1.Quote for Facilities Management Truck
Town Staff Recommendation:
Town Staff recommends approving the purchase of this vehicle from Enterprise Fleet
Management utilizing The Interlocal Purchasing System (TIPS); and authorizing the Town Manager
to execute the same.
Finance Department
Page 44
Item 7.
Page 2 of 2
Proposed Motion:
I move to approve the purchase of this vehicle from Enterprise Fleet Management utilizing The
Interlocal Purchasing System (TIPS); and authorizing the Town Manager to execute the same.
Page 45
Item 7.
Prepared For:Town of Prosper Date 03/23/2023
Carter, Jay AE/AM J5B/HH0
Unit #
Year 2023 Make Chevrolet Model Silverado 2500HD
Series Work Truck 4x2 Regular Cab 8 ft. box 141.6 in. WB
Vehicle Order Type In-Stock Term 60 State TX Customer#513639
$ 60,143.00 Capitalized Price of Vehicle 1
$ 0.00 License and Certain Other Charges 6.2500% State TX
$ 158.50 Initial License Fee
$ 0.00 Registration Fee
$ 0.00 Other:Courtesy Delivery Fee
$ 60,300.50 *Capitalized Price Reduction
$ 0.00 *Tax on Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 *Tax on Gain On Prior
$ 0.00 *Security Deposit
$ 0.00 *Tax on Incentive ( Taxable Incentive Total : $0.00 )
All language and acknowledgments contained in the signed quote
apply to all vehicles that are ordered under this signed quote.
Order Information
Driver Name
Exterior Color (0 P) Summit White / Black Front Grille
Interior Color (0 I) Jet Black w/Vinyl Seat Trim
Lic. Plate Type Exempt
GVWR 0
$ 1.00 Total Capitalized Amount (Delivered Price)
$ 0.01 Depreciation Reserve @ 1.0000%
$ 90.45 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor)2
$ 90.46 Total Monthly Rental Excluding Additional Services
Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0
$ 46.71 Full Maintenance Program 3 Contract Miles 37,500 OverMileage Charge $ 0.0550 Per Mile
Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included
$ 46.71 Additional Services SubTotal
$ 0.00 Use Tax 0.0000% State
$ 137.17 Total Monthly Rental Including Additional Services
$ 0.40 Reduced Book Value at 60 Months
$ 395.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 7,500
(Current market and vehicle conditions may also affect value of vehicle)
(Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open -
End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.
Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.
ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.
Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to
collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. Lessee certifies that it intends that more than 50% of the use of the vehicle is to be in a trade or
business of the Lessee.
LESSEE Town of Prosper
BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice. Lessee Hereby Assigns to Lessor anyManufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee, Which Rebates
And/Or Incentives Have Been UsedBy Lessor to Reduce the Capitalized Price of the Vehicle.
2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Date (Subject to a Floor).
3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such
maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain
separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction
of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.
Open-End (Equity) Lease Rate Quote Quote No:7086513
Printed On 03/23/2023 09:44:45 AM Page 1 of 7
Page 46
Item 7.
Aftermarket Equipment Total
Description (B)illed or (C)apped Price
Service/Utility - General Truck Body - Quote 126244 C $ 14,275.00
Legacy Graphics C $ 240.00
Legacy Auto Transporter C $ 423.00
Running Boards C $ 842.00
Total Aftermarket Equipment Billed $ 0.00
Total Aftermarket Equipment Capitalized $ 15,780.00
Aftermarket Equipment Total $ 15,780.00
Open-End (Equity) Lease Rate Quote Quote No:7086513
Printed On 03/23/2023 09:44:45 AM Page 2 of 7
Page 47
Item 7.
VEHICLE INFORMATION:
2023 Chevrolet Silverado 2500HD Work Truck 4x2 Regular Cab 8 ft. box 141.6 in. WB - US
Series ID: CC20903
Pricing Summary:
INVOICE MSRP
Base Vehicle $39,259 $41,500.00
Total Options $3,463.25 $3,575.00
Destination Charge $1,895.00 $1,895.00
Total Price
SELECTED COLOR:
Exterior:GAZ / GRIL-(0 P) Summit White / Black Front Grille
Interior:H2G-(0 I) Jet Black w/Vinyl Seat Trim
SELECTED OPTIONS:
CODE DESCRIPTION INVOICE MSRP
1WT Preferred Equipment Group 1WT NC NC
9L7 Upfitter Switch Kit (5)$136.50 $150.00
ACCESS Chevrolet Connected Access Capable Included Included
AE7 Front 40/20/40 Split-Bench Seats Included Included
AED Power Front Windows w/Passenger Express Down Included Included
AKO Deep-Tinted Glass $91.00 $100.00
AQQ Remote Keyless Entry Included Included
AU3 Power Door Locks Included Included
AXG Power Front Windows w/Driver Express Up/Down Included Included
BG9 Rubberized-Vinyl Floor Covering Included Included
BLUE Bluetooth For Phone Included Included
C7A GVWR: 10,000 lbs (4,536 kg)Included Included
CMPS Compass Included Included
DBG Heated Vertical Trailering Mirrors Included Included
GAZ_01 (0 P) Summit White NC NC
GRIL Black Front Grille Included Included
GT4 3.73 Rear Axle Ratio STD STD
H2G_02 (0 I) Jet Black w/Vinyl Seat Trim NC NC
IOR Radio: Chevrolet Infotainment 3 System STD STD
JL1_Integrated Trailer Brake Controller (Fleet)$250.25 $275.00
K34 Electronic Cruise Control w/Set & Resume Speed Included Included
KC9 120-Volt Bed Mounted Power Outlet Included Included
KI4 120-Volt Instrument Panel Power Outlet $204.75 $225.00
KW7 170 Amp Alternator Included Included
L8T Engine: 6.6L Gas V8 w/Direct Injection & VVT NC NC
L8TBAT 720 Cold-Cranking Amps Heavy-Duty Battery Included Included
MCAP Black Mirror Caps Included Included
MYD Transmission: HD 6-Speed Automatic STD STD
N33 Manual Tilt-Wheel Steering Column Included Included
NZZ Skid Plates $136.50 $150.00
P1S 21 Months of OnStar Assurance for Tier3 Fleets $210.00 $0.00
PRF 3 Years of Remote Access NC NC
PYT Wheels: 18" Painted Steel $273.00 $300.00
$44,617.25 $46,970.00
Open-End (Equity) Lease Rate Quote Quote No:7086513
Printed On 03/23/2023 09:44:45 AM Page 3 of 7
Page 48
Item 7.
CODE DESCRIPTION INVOICE MSRP
QF6 Tires: LT275/70R18E AT BW $182.00 $200.00
QK1 Standard Tailgate Included Included
QT5 EZ Lift Power Lock & Release Tailgate Included Included
STDTM Vinyl Seat Trim Included Included
U2K SiriusXM Radio $91.00 $100.00
U95 2-Speaker Audio System Feature Included Included
UDC 3.5" Diagonal Monochromatic Display DIC Included Included
UE1 OnStar & Chevrolet Connected Services Capable $432.25 $475.00
V46 Chrome Front Bumper $182.00 $200.00
VJH Chrome Rear Bumper NC NC
VV4 Wi-Fi Hotspot Capable Included Included
WARANT Fleet Customer Powertrain Limited Warranty NC NC
Z85 Suspension Package STD STD
ZLQ WT Fleet Convenience Package $1,274.00 $1,400.00
ZY1 Solid Paint STD STD
Open-End (Equity) Lease Rate Quote Quote No:7086513
Printed On 03/23/2023 09:44:45 AM Page 4 of 7
Page 49
Item 7.
CONFIGURED FEATURES:
Body Exterior Features:
Number Of Doors 2
Rear Cargo Door Type: tailgate
Driver And Passenger Mirror: power remote heated manual folding side-view door mirrors with turn signal indicator
Convex Driver Mirror: convex driver and passenger mirror
Mirror Type: manual extendable trailer mirrors
Skid Plates: skid plates
Door Handles: black
Front And Rear Bumpers: chrome front and rear bumpers with black rub strip
Rear Step Bumper: rear step bumper
Front Tow Hooks: 2 front tow hooks
Box Style: regular
Body Material: galvanized steel/aluminum body material
: class IV trailering with harness, hitch, brake controller
Fender Flares: black fender flares
Grille: black grille
Upfitter Switches: upfitter switches
Convenience Features:
Air Conditioning manual air conditioning
Cruise Control: cruise control with steering wheel controls
Power Windows: power windows with driver and passenger 1-touch down
Remote Keyless Entry: keyfob (all doors) remote keyless entry
Illuminated Entry: illuminated entry
Auto Locking: auto-locking doors
Trunk FOB Controls: keyfob trunk/hatch/door release
Window FOB Controls: remote window controls
Steering Wheel: steering wheel with manual tilting
Day-Night Rearview Mirror: day-night rearview mirror
Front Cupholder: front cupholder
Overhead Console: mini overhead console
Glove Box: locking glove box
Driver Door Bin: driver and passenger door bins
Dashboard Storage: dashboard storage
IP Storage: covered bin instrument-panel storage
Driver Footrest: driver's footrest
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 1 12V DC power outlet
AC Power Outlet: 2 120V AC power outlet
Entertainment Features:
radio SiriusXM AM/FM/Satellite-prep with seek-scan
Speakers: 2 speakers
Internet Access: Wi-Fi Hotspot capable internet access
1st Row LCD: 1 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: fixed antenna
Lighting, Visibility and Instrumentation Features:
Headlamp Type delay-off aero-composite halogen headlamps
Cab Clearance Lights: cargo bed light
Front Wipers: variable intermittent wipers
Tinted Windows: deep-tinted windows
Dome Light: dome light with fade
Front Reading Lights: front reading lights
Variable IP Lighting: variable instrument panel lighting
Display Type: analog appearance
Tachometer: tachometer
Voltometer: voltmeter
Printed On 03/23/2023 09:44:45 AM Page 5 of 7
Page 50
Item 7.
Compass: compass
Exterior Temp: outside-temperature display
Low Tire Pressure Warning: tire specific low-tire-pressure warning
Trip Computer: trip computer
Trip Odometer: trip odometer
Oil Pressure Gauge: oil pressure gauge
Water Temp Gauge: water temp. gauge
Clock: in-radio display clock
Systems Monitor: systems monitor
Check Control: redundant digital speedometer
Rear Vision Camera: rear vision camera
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Low Oil Level Warning: low-oil-level warning
Low Coolant Warning: low-coolant warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Low Washer Fluid Warning: low-washer-fluid warning
Door Ajar Warning: door-ajar warning
Brake Fluid Warning: brake-fluid warning
Turn Signal On Warning: turn-signal-on warning
Transmission Fluid Temperature Warning: transmission-fluid-temperature warning
Brake Pad Wear: brake pad wear
Safety And Security:
ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes
Daytime Running Lights: daytime running lights
Spare Tire Type: full-size spare tire
Spare Tire Mount: underbody mounted spare tire w/crankdown
Driver Front Impact Airbag: driver and passenger front-impact airbags
Driver Side Airbag: seat-mounted driver and passenger side-impact airbags
Overhead Airbag: curtain 1st row overhead airbag
Occupancy Sensor: front passenger airbag occupancy sensor
Seatbelt Pretensioners: front seatbelt pre-tensioners
Side Impact Bars: side-impact bars
Perimeter Under Vehicle Lights: remote activated perimeter/approach lights
Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks
Ignition Disable: immobilizer
Panic Alarm: panic alarm
Electronic Stability: StabiliTrak w/Proactive Roll Avoidance electronic stability stability control with anti-roll
Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints
Seats And Trim:
Seating Capacity max. seating capacity of 3
Front Bucket Seats: front split-bench 40-20-40 seats
Number of Driver Seat Adjustments: 4-way driver and passenger seat adjustments
Reclining Driver Seat: manual reclining driver and passenger seats
Driver Fore/Aft: manual driver and passenger fore/aft adjustment
Front Centre Armrest Storage: front centre armrest with storage
Leather Upholstery: vinyl front seat upholstery
Headliner Material: full cloth headliner
Floor Covering: full vinyl/rubber floor covering
Cabback Insulator: cabback insulator
Shift Knob Trim: urethane shift knob
Printed On 03/23/2023 09:44:45 AM Page 6 of 7
Page 51
Item 7.
Standard Engine:
Engine 401-hp, 6.6-liter V-8 (regular gas)
Standard Transmission:
Transmission 6-speed automatic w/ OD and auto-manual
Printed On 03/23/2023 09:44:45 AM Page 7 of 7
Page 52
Item 7.
Page 1 of 2
To: Mayor and Town Council
From: Jay Carter, Purchasing Manager
Through: Mario Canizares, Town Manager
Re: New Fleet Vehicle Purchases
Town Council Meeting – March 28, 2023
Agenda Item:
Consider and act upon approving the purchase of two 2023 Chevrolet Tahoe’s and for the Police
Department from Enterprise Fleet Management utilizing The Interlocal Purchasing System (TIPS);
and authorizing the Town Manager to execute the same.
Description of Agenda Item:
These vehicles were approved in the FY23 operating funds budget to support newly authorized
positions in the department and are new additions to the fleet that will be purchased from
Enterprise Fleet utilizing The Interlocal Purchasing System (TIPS).
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 previously entered into an interlocal agreement with TIPS. Participation in
the cooperative purchasing program allows our local government to purchase goods and services
through the cooperative program, while satisfying all competitive bidding requirements.
Budget Impact:
These items were approved in the FY23 operating fund budget for the Police Department and will
be funded from 100-6160-20-01 in the amounts of $51,373.00 and $69,659.50.
Attached Documents:
1. Quote for Police Department
2. Quote for Police Department
Town Staff Recommendation:
Town Staff recommends approving the purchases of these vehicles from Enterprise Fleet
Management utilizing The Interlocal Purchasing System (TIPS); and authorizing the Town Manager
to execute the same.
Finance Department
Page 53
Item 8.
Page 2 of 2
Proposed Motion:
I move to approve the purchase of these vehicles from Enterprise Fleet Management utilizing The
Interlocal Purchasing System (TIPS); and authorizing the Town Manager to execute the same
Page 54
Item 8.
Prepared For:Town of Prosper - Police Department Date 01/30/2023
Golden, Bryan AE/AM J5B/HH0
Unit #
Year 2023 Make Chevrolet Model Tahoe
Series Police Vehicle 4x4
Vehicle Order Type In-Stock Term 60 State TX Customer#588991
$ 51,215.50 Capitalized Price of Vehicle 1
$ 0.00 License and Certain Other Charges 6.2500% State TX
$ 158.50 Initial License Fee
$ 0.00 Registration Fee
$ 0.00 Other:Courtesy Delivery Fee
$ 51,373.00 *Capitalized Price Reduction
$ 0.00 *Tax on Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 *Tax on Gain On Prior
$ 0.00 *Security Deposit
$ 0.00 *Tax on Incentive ( Taxable Incentive Total : $0.00 )
All language and acknowledgments contained in the signed quote
apply to all vehicles that are ordered under this signed quote.
Order Information
Driver Name
Exterior Color (0 P) Black
Interior Color (0 I) Jet Black w/Cloth Seat Trim
Lic. Plate Type Exempt
GVWR 0
$ 1.00 Total Capitalized Amount (Delivered Price)
$ 0.01 Depreciation Reserve @ 1.0000%
$ 77.06 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor)2
$ 77.07 Total Monthly Rental Excluding Additional Services
Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0
$ 0.00 Full Maintenance Program 3 Contract Miles 37,500 OverMileage Charge $ 0.0550 Per Mile
Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included
$ 0.00 Additional Services SubTotal
$ 0.00 Use Tax 0.0000% State
$ 77.07 Total Monthly Rental Including Additional Services
$ 0.40 Reduced Book Value at 60 Months
$ 395.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 7,500
(Current market and vehicle conditions may also affect value of vehicle)
(Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open -
End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.
Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.
ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.
Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to
collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. Lessee certifies that it intends that more than 50% of the use of the vehicle is to be in a trade or
business of the Lessee.
LESSEE Town of Prosper - Police Department
BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice. Lessee Hereby Assigns to Lessor anyManufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee, Which Rebates
And/Or Incentives Have Been UsedBy Lessor to Reduce the Capitalized Price of the Vehicle.
2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Date (Subject to a Floor).
3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such
maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain
separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction
of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.
Open-End (Equity) Lease Rate Quote Quote No:6997186
Printed On 01/30/2023 01:55:21 PM Page 1 of 7
Page 55
Item 8.
Aftermarket Equipment Total
Description (B)illed or (C)apped Price
Lighting - Defender Quote 34747 - CID Upfit C $ 10,120.00
Total Aftermarket Equipment Billed $ 0.00
Total Aftermarket Equipment Capitalized $ 10,120.00
Aftermarket Equipment Total $ 10,120.00
Open-End (Equity) Lease Rate Quote Quote No:6997186
Printed On 01/30/2023 01:55:21 PM Page 2 of 7
Page 56
Item 8.
VEHICLE INFORMATION:
2023 Chevrolet Tahoe Police Vehicle 4x4 - US
Series ID: CK10706
Pricing Summary:
INVOICE MSRP
Base Vehicle $48,671.7 $51,450.00
Total Options $450.45 $495.00
Destination Charge $1,895.00 $1,895.00
Total Price
SELECTED COLOR:
Exterior:GBA-(0 P) Black
Interior:H1T-(0 I) Jet Black w/Cloth Seat Trim
SELECTED OPTIONS:
CODE DESCRIPTION INVOICE MSRP
1FL Preferred Equipment Group 1FL NC NC
5J3 Surveillance Mode Calibration Interior Lighting Included Included
6E2 SEO: Fleet Calibration (6E2)$22.75 $25.00
9C1 Identifier for Police Package Vehicle NC NC
AMF Remote Keyless Entry Package (SEO)$68.25 $75.00
ATD 3rd Row Passenger Seat Delete Included Included
AU7 Fleet Common Key Included Included
AZ3 Front 40/20/40 Split-Bench Seat STD STD
C6G GVWR: 7,600 lbs (3,447 kgs)STD STD
GBA_01 (0 P) Black NC NC
GU5 3.23 Rear Axle Ratio STD STD
H1T_02 (0 I) Jet Black w/Cloth Seat Trim NC NC
IOR Radio: Chevrolet Infotainment 3 System STD STD
K47 High-Capacity Air Cleaner Included Included
K6K 760 Cold-Cranking Amps Auxiliary Battery Included Included
KX4 250 Amps Alternator Included Included
L84 Engine: 5.3L EcoTec3 V8 STD STD
MHU Transmission: Electronic 10-Speed Automatic w/OD STD STD
NP0 Single-Speed Elec Autotrac Active Transfer Case Included Included
PNTTBL01 Paint Table : Solid Paint $0.00 $0.00
PQA 1FL Safety Package $359.45 $395.00
PXT Wheels: 20" x 9" Steel Included Included
RAV Spare P275/55R20 AS BW Tire Included Included
RC1 Front Skid Plate Included Included
STDTM Cloth Seat Trim STD STD
UE4 Following Distance Indicator Included Included
UEU Forward Collision Alert Included Included
UHX Lane Keep Assist w/Lane Departure Warning Included Included
UHY Automatic Emergency Braking Included Included
UKJ Front Pedestrian Braking Included Included
UQF 6-Speaker Audio System Feature Included Included
UT7 SEO: Ground Wires Included Included
V53 Luggage Rack Side Rails Delete Included Included
$51,017.15 $53,840.00
Open-End (Equity) Lease Rate Quote Quote No:6997186
Printed On 01/30/2023 01:55:21 PM Page 3 of 7
Page 57
Item 8.
CODE DESCRIPTION INVOICE MSRP
XCS Tires: P275/55R20SL AS BW Included Included
Z56 Full Independent Suspension Package Included Included
ZY1 Solid Paint STD STD
Open-End (Equity) Lease Rate Quote Quote No:6997186
Printed On 01/30/2023 01:55:21 PM Page 4 of 7
Page 58
Item 8.
CONFIGURED FEATURES:
Body Exterior Features:
Number Of Doors 4
Rear Cargo Door Type: liftgate
Driver And Passenger Mirror: power remote heated manual folding side-view door mirrors
Spoiler: rear lip spoiler
Skid Plates: skid plates
Side Steps: yes
Door Handles: body-coloured
Front And Rear Bumpers: body-coloured front and rear bumpers
Rear Step Bumper: rear step bumper
Body Material: galvanized steel/aluminum body material
: class IV trailering with harness, hitch
Body Side Cladding: black bodyside cladding
Grille: grille with chrome bar
Convenience Features:
Air Conditioning automatic dual-zone front air conditioning
Air Filter: air filter
Rear Air Conditioning: rear air conditioning with separate controls
Cruise Control: cruise control with steering wheel controls
Power Windows: power windows with front and rear 1-touch down
1/4 Vent Rear Windows: power rearmost windows
Remote Keyless Entry: keyfob (all doors) remote keyless entry
Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Auto Locking: auto-locking doors
Passive Entry: Keyless Open and Start proximity key
Trunk FOB Controls: keyfob trunk/hatch/door release
Steering Wheel: steering wheel with manual tilting, manual telescoping
Day-Night Rearview Mirror: day-night rearview mirror
Driver and Passenger Vanity Mirror: illuminated auxiliary driver and passenger-side visor mirrors
Emergency SOS: OnStar and Chevrolet connected services capable emergency communication system
Front Cupholder: front and rear cupholders
Overhead Console: mini overhead console
Glove Box: locking glove box
Driver Door Bin: driver and passenger door bins
Rear Door Bins: rear door bins
Seatback Storage Pockets: 2 seatback storage pockets
IP Storage: covered bin instrument-panel storage
Driver Footrest: driver's footrest
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 1 12V DC power outlet
AC Power Outlet: 2 120V AC power outlet
Entertainment Features:
radio AM/FM stereo with seek-scan
Voice Activated Radio: voice activated radio
Speed Sensitive Volume: speed-sensitive volume
Steering Wheel Radio Controls: steering-wheel mounted audio controls
Speakers: 6 speakers
Internet Access: Wi-Fi Hotspot capable internet access
TV Tuner: OnStar Turn-by-Turn Navigation turn-by-turn navigation directions
1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: window grid antenna
Lighting, Visibility and Instrumentation Features:
Headlamp Type delay-off aero-composite LED low/high beam headlamps
Front Wipers: variable intermittent Rainsense rain detecting wipers wipers
Printed On 01/30/2023 01:55:21 PM Page 5 of 7
Page 59
Item 8.
Rear Window wiper: fixed interval rear window wiper
Rear Window Defroster: rear window defroster
Tinted Windows: deep-tinted windows
Front Reading Lights: front and rear reading lights
Ignition Switch: ignition switch light
Variable IP Lighting: variable instrument panel lighting
Display Type: analog appearance
Tachometer: tachometer
Voltometer: voltmeter
Low Tire Pressure Warning: tire specific low-tire-pressure warning
Park Distance Control: Front and Rear Park Assist front and rear parking sensors
Trip Computer: trip computer
Trip Odometer: trip odometer
Lane Departure Warning: lane departure
Front Pedestrian Braking: pedestrian detection
Following Distance Indicator: following distance alert
Forward Collision Alert: forward collision
Oil Pressure Gauge: oil pressure gauge
Water Temp Gauge: water temp. gauge
Engine Hour Meter: engine hour meter
Clock: in-radio display clock
Systems Monitor: systems monitor
Check Control: redundant digital speedometer
Rear Vision Camera: rear vision camera
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Low Oil Level Warning: low-oil-level warning
Low Coolant Warning: low-coolant warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Low Washer Fluid Warning: low-washer-fluid warning
Door Ajar Warning: door-ajar warning
Trunk Ajar Warning: trunk-ajar warning
Brake Fluid Warning: brake-fluid warning
Turn Signal On Warning: turn-signal-on warning
Transmission Fluid Temperature Warning: transmission-fluid-temperature warning
Safety And Security:
ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes
Daytime Running Lights: daytime running lights
Spare Tire Type: full-size spare tire
Spare Tire Mount: underbody mounted spare tire w/crankdown
Driver Front Impact Airbag: driver and passenger front-impact airbags
Driver Side Airbag: seat-mounted driver and passenger side-impact airbags
Overhead Airbag: curtain 1st, 2nd and 3rd row overhead airbag
Occupancy Sensor: front passenger airbag occupancy sensor
Height Adjustable Seatbelts: height adjustable front seatbelts
Seatbelt Pretensioners: front seatbelt pre-tensioners
3Point Rear Centre Seatbelt: 3 point rear centre seatbelt
Side Impact Bars: side-impact bars
Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks
Rear Child Safety Locks: rear child safety locks
Ignition Disable: PASS-Key III immobilizer
Security System: security system
Printed On 01/30/2023 01:55:21 PM Page 6 of 7
Page 60
Item 8.
Panic Alarm: panic alarm
Tracker System: tracker system
Electronic Stability: electronic stability
Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints
Rear Headrest Control: 2 rear head restraints
Break Resistant Glass: break resistant glass
Seats And Trim:
Seating Capacity max. seating capacity of 6
Front Bucket Seats: front split-bench 40-20-40 seats
Number of Driver Seat Adjustments: 8-way driver and passenger seat adjustments
Reclining Driver Seat: power reclining driver and passenger seats
Driver Lumbar: power 2-way driver and passenger lumbar support
Driver Height Adjustment: power height-adjustable driver and passenger seats
Driver Fore/Aft: power driver and passenger fore/aft adjustment
Driver Cushion Tilt: power driver and passenger cushion tilt
Front Centre Armrest Storage: front centre armrest
Rear Seat Type: rear manual reclining 60-40 split-bench seat
Rear Seat Fore/Aft: manual rear seat fore/aft adjustment
Rear Folding Position: rear seat tumble forward
Rear Seat Armrest: rear seat centre armrest
Leather Upholstery: cloth front and rear seat upholstery
Headliner Material: full cloth headliner
Floor Covering: full vinyl/rubber floor covering
Interior Accents: chrome/metal-look interior accents
Cargo Space Trim: carpet cargo space
Trunk Lid: plastic trunk lid/rear cargo door
Cargo Light: cargo light
Concealed Cargo Storage: concealed cargo storage
Standard Engine:
Engine 355-hp, 5.3-liter V-8 (regular gas)
Standard Transmission:
Transmission 10-speed automatic w/ OD and auto-manual
Printed On 01/30/2023 01:55:21 PM Page 7 of 7
Page 61
Item 8.
Prepared For:Town of Prosper - Police Department Date 03/02/2023
Pamplin, Betty AE/AM J5B/HH0
Unit #26F35P
Year 2023 Make Chevrolet Model Tahoe
Series Police Vehicle 4x2
Vehicle Order Type Ordered Term 60 State TX Customer#588991
$ 69,102.00 Capitalized Price of Vehicle 1
$ 0.00 License and Certain Other Charges 6.2500% State TX
$ 158.50 Initial License Fee
$ 0.00 Registration Fee
$ 400.00 Other:Courtesy Delivery Fee
$ 69,659.50 *Capitalized Price Reduction
$ 0.00 *Tax on Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 *Tax on Gain On Prior
$ 0.00 *Security Deposit
$ 0.00 *Tax on Incentive ( Taxable Incentive Total : $0.00 )
All language and acknowledgments contained in the signed quote
apply to all vehicles that are ordered under this signed quote.
Order Information
Driver Name Bryan Golen
Exterior Color (0 P) Summit White
Interior Color (0 I) Jet Black w/Cloth Seat Trim
Lic. Plate Type Exempt
GVWR 0
$ 1.00 Total Capitalized Amount (Delivered Price)
$ 0.01 Depreciation Reserve @ 1.0000%
$ 69.66 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor)2
$ 69.67 Total Monthly Rental Excluding Additional Services
Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0
$ 0.00 Full Maintenance Program 3 Contract Miles 0 OverMileage Charge $ 0.0550 Per Mile
Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included
$ 0.00 Additional Services SubTotal
$ 0.00 Use Tax 0.0000% State
$ 69.67 Total Monthly Rental Including Additional Services
$ 0.40 Reduced Book Value at 60 Months
$ 395.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 7,500
(Current market and vehicle conditions may also affect value of vehicle)
(Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open -
End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.
Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.
ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.
Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to
collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. Lessee certifies that it intends that more than 50% of the use of the vehicle is to be in a trade or
business of the Lessee.
LESSEE Town of Prosper - Police Department
BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice. Lessee Hereby Assigns to Lessor anyManufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee, Which Rebates
And/Or Incentives Have Been UsedBy Lessor to Reduce the Capitalized Price of the Vehicle.
2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Date (Subject to a Floor).
3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such
maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain
separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction
of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.
Open-End (Equity) Lease Rate Quote Quote No:6776677
Printed On 03/02/2023 11:34:53 AM Page 1 of 6
Page 62
Item 8.
Aftermarket Equipment Total
Description (B)illed or (C)apped Price
Custom Equipment 2 - police upfit C $ 28,247.00
Total Aftermarket Equipment Billed $ 0.00
Total Aftermarket Equipment Capitalized $ 28,247.00
Aftermarket Equipment Total $ 28,247.00
Open-End (Equity) Lease Rate Quote Quote No:6776677
Printed On 03/02/2023 11:34:53 AM Page 2 of 6
Page 63
Item 8.
VEHICLE INFORMATION:
2023 Chevrolet Tahoe Police Vehicle 4x2 - US
Series ID: CC10706
Pricing Summary:
INVOICE MSRP
Base Vehicle $45,833.7 $48,450.00
Total Options $0.00 $0.00
Destination Charge $1,795.00 $1,795.00
Total Price
SELECTED COLOR:
Exterior:GAZ-(0 P) Summit White
Interior:H1T-(0 I) Jet Black w/Cloth Seat Trim
SELECTED OPTIONS:
CODE DESCRIPTION INVOICE MSRP
1FL Preferred Equipment Group 1FL NC NC
5J3 Surveillance Mode Calibration Interior Lighting Included Included
9C1 Identifier for Police Package Vehicle NC NC
ATD 3rd Row Passenger Seat Delete Included Included
AZ3 Front 40/20/40 Split-Bench Seat STD STD
C6C GVWR: 7,400 lbs (3,357 kgs)STD STD
GAZ_01 (0 P) Summit White NC NC
GU5 3.23 Rear Axle Ratio STD STD
H1T_02 (0 I) Jet Black w/Cloth Seat Trim NC NC
IOR Radio: Chevrolet Infotainment 3 System STD STD
K47 High-Capacity Air Cleaner Included Included
K6K 760 Cold-Cranking Amps Auxiliary Battery Included Included
KX4 250 Amps Alternator Included Included
L84 Engine: 5.3L EcoTec3 V8 STD STD
MHU Transmission: Electronic 10-Speed Automatic w/OD STD STD
PNTTBL01 Paint Table : Solid Paint $0.00 $0.00
PXT Wheels: 20" x 9" Steel Included Included
RAV Spare P275/55R20 AS BW Tire Included Included
RC1 Front Skid Plate Included Included
STDTM Cloth Seat Trim STD STD
UQF 6-Speaker Audio System Feature Included Included
UT7 SEO: Ground Wires Included Included
V53 Luggage Rack Side Rails Delete Included Included
XCS Tires: 275/55R20SL AS BW Included Included
Z56 Full Independent Suspension Package Included Included
ZY1 Solid Paint STD STD
$47,628.70 $50,245.00
Open-End (Equity) Lease Rate Quote Quote No:6776677
Printed On 03/02/2023 11:34:53 AM Page 3 of 6
Page 64
Item 8.
CONFIGURED FEATURES:
Body Exterior Features:
Number Of Doors 4
Rear Cargo Door Type: liftgate
Driver And Passenger Mirror: power remote heated manual folding side-view door mirrors
Spoiler: rear lip spoiler
Skid Plates: skid plates
Side Steps: yes
Door Handles: body-coloured
Front And Rear Bumpers: body-coloured front and rear bumpers
Rear Step Bumper: rear step bumper
Body Material: galvanized steel/aluminum body material
: class IV trailering with harness, hitch
Body Side Cladding: black bodyside cladding
Grille: grille with chrome bar
Convenience Features:
Air Conditioning automatic dual-zone front air conditioning
Air Filter: air filter
Rear Air Conditioning: rear air conditioning with separate controls
Cruise Control: cruise control with steering wheel controls
Power Windows: power windows with front and rear 1-touch down
1/4 Vent Rear Windows: power rearmost windows
Remote Keyless Entry: keyfob (all doors) remote keyless entry
Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Auto Locking: auto-locking doors
Passive Entry: Keyless Open and Start proximity key
Trunk FOB Controls: keyfob trunk/hatch/door release
Steering Wheel: steering wheel with manual tilting, manual telescoping
Day-Night Rearview Mirror: day-night rearview mirror
Driver and Passenger Vanity Mirror: illuminated auxiliary driver and passenger-side visor mirrors
Emergency SOS: emergency communication system
Front Cupholder: front and rear cupholders
Overhead Console: mini overhead console
Glove Box: locking glove box
Driver Door Bin: driver and passenger door bins
Rear Door Bins: rear door bins
Seatback Storage Pockets: 2 seatback storage pockets
IP Storage: covered bin instrument-panel storage
Driver Footrest: driver's footrest
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 1 12V DC power outlet
AC Power Outlet: 2 120V AC power outlet
Entertainment Features:
radio AM/FM stereo with seek-scan
Voice Activated Radio: voice activated radio
Speed Sensitive Volume: speed-sensitive volume
Steering Wheel Radio Controls: steering-wheel mounted audio controls
Speakers: 6 speakers
Internet Access: internet access
TV Tuner: OnStar Turn-by-Turn Navigation turn-by-turn navigation directions
1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: window grid antenna
Lighting, Visibility and Instrumentation Features:
Headlamp Type delay-off aero-composite LED low/high beam headlamps
Front Wipers: variable intermittent Rainsense rain detecting wipers wipers
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Page 65
Item 8.
Rear Window wiper: fixed interval rear window wiper
Rear Window Defroster: rear window defroster
Tinted Windows: deep-tinted windows
Front Reading Lights: front and rear reading lights
Ignition Switch: ignition switch light
Variable IP Lighting: variable instrument panel lighting
Display Type: analog appearance
Tachometer: tachometer
Voltometer: voltmeter
Low Tire Pressure Warning: tire specific low-tire-pressure warning
Park Distance Control: Front and Rear Park Assist front and rear parking sensors
Trip Computer: trip computer
Trip Odometer: trip odometer
Oil Pressure Gauge: oil pressure gauge
Water Temp Gauge: water temp. gauge
Engine Hour Meter: engine hour meter
Clock: in-radio display clock
Systems Monitor: systems monitor
Check Control: redundant digital speedometer
Rear Vision Camera: rear vision camera
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Low Oil Level Warning: low-oil-level warning
Low Coolant Warning: low-coolant warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Low Washer Fluid Warning: low-washer-fluid warning
Door Ajar Warning: door-ajar warning
Trunk Ajar Warning: trunk-ajar warning
Brake Fluid Warning: brake-fluid warning
Turn Signal On Warning: turn-signal-on warning
Transmission Fluid Temperature Warning: transmission-fluid-temperature warning
Safety And Security:
ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes
Daytime Running Lights: daytime running lights
Spare Tire Type: full-size spare tire
Spare Tire Mount: underbody mounted spare tire w/crankdown
Driver Front Impact Airbag: driver and passenger front-impact airbags
Driver Side Airbag: seat-mounted driver and passenger side-impact airbags
Overhead Airbag: curtain 1st, 2nd and 3rd row overhead airbag
Occupancy Sensor: front passenger airbag occupancy sensor
Height Adjustable Seatbelts: height adjustable front seatbelts
Seatbelt Pretensioners: front seatbelt pre-tensioners
3Point Rear Centre Seatbelt: 3 point rear centre seatbelt
Side Impact Bars: side-impact bars
Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks
Rear Child Safety Locks: rear child safety locks
Ignition Disable: PASS-Key III immobilizer
Security System: security system
Panic Alarm: panic alarm
Tracker System: tracker system
Electronic Stability: electronic stability
Traction Control: ABS and driveline traction control
Printed On 03/02/2023 11:34:53 AM Page 5 of 6
Page 66
Item 8.
Front and Rear Headrests: manual adjustable front head restraints
Rear Headrest Control: 2 rear head restraints
Break Resistant Glass: break resistant glass
Seats And Trim:
Seating Capacity max. seating capacity of 6
Front Bucket Seats: front split-bench 40-20-40 seats
Number of Driver Seat Adjustments: 8-way driver and passenger seat adjustments
Reclining Driver Seat: power reclining driver and passenger seats
Driver Lumbar: power 2-way driver and passenger lumbar support
Driver Height Adjustment: power height-adjustable driver and passenger seats
Driver Fore/Aft: power driver and passenger fore/aft adjustment
Driver Cushion Tilt: power driver and passenger cushion tilt
Front Centre Armrest Storage: front centre armrest
Rear Seat Type: rear manual reclining 60-40 split-bench seat
Rear Seat Fore/Aft: manual rear seat fore/aft adjustment
Rear Folding Position: rear seat tumble forward
Rear Seat Armrest: rear seat centre armrest
Leather Upholstery: cloth front and rear seat upholstery
Headliner Material: full cloth headliner
Floor Covering: full vinyl/rubber floor covering
Interior Accents: chrome/metal-look interior accents
Cargo Space Trim: carpet cargo space
Trunk Lid: plastic trunk lid/rear cargo door
Cargo Light: cargo light
Concealed Cargo Storage: concealed cargo storage
Standard Engine:
Engine 355-hp, 5.3-liter V-8 (regular gas)
Standard Transmission:
Transmission 10-speed automatic w/ OD and auto-manual
Printed On 03/02/2023 11:34:53 AM Page 6 of 6
Page 67
Item 8.
Page 1 of 1
To: Mayor and Town Council
From: Dan Baker, Director of Parks and Recreation
Through: Mario Canizares, Town Manager
Robyn Battle, Executive Director of Community Services
Re: Hays Park Project
Town Council Meeting - March 28, 2023
Agenda Item:
Consider and act upon approval of Change Order #3 related to construction services for the Hays
Park Project (1802-PK) to Ratliff Hardscape, Ltd., and authorizing the Town Manager to execute
the same.
Description of Agenda Item:
The proposed Change Order pertains to a modification on the original project that is still under
contractor's warranty to resolve stormwater running onto adjacent properties. The project will
include correction of final grade, berming, drain box, drainpipe, swale, drainage easement area
improvement, and replacing decomposed granite with concrete on parts of the trail (per
improvements layout plan). The improvements will take 30 days.
Budget Impact:
This change order will be funded from Park Improvement Fees. The Account # is 100-5480-60-
01-1802-PK. The cost for the construction of this change order is $70,493.00. The requested
amount of $70,493.00 will increase the contract amount to $458,719.67.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard change order form as
to form and legality.
Attached Documents:
1. Change Order #3
2. Drainage Improvement Layout
Town Staff Recommendation:
Town staff recommends that the Town Council approve Change Order #3 related to construction
services for the Hays Park Project (1802-PK) to Ratliff Hardscape, Ltd., and authorizing the Town
Manager to execute the same.
Proposed Motion:
I move to approve Change Order #3 related to construction services for the Hays Park Project
(1802-PK) to Ratliff Hardscape, Ltd., and authorize the Town Manager to execute the same.
PARKS &
RECREATION
Page 68
Item 9.
Page 69
Item 9.
Page 70
Item 9.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Engineering Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Executive Director of Development and Infrastructure Services
Re: Resolution for the Advance Funding Agreement with TxDOT for the
Preston Road (SH 289) and First Street Dual Left Turn Lanes Project
Town Council Meeting – March 28, 2023
Agenda Item:
Consider and act upon a Resolution authorizing the Town Manager to execute an Advance
Funding Agreement between the Texas Department of Transportation (TxDOT), and the Town of
Prosper, Texas, related to the design and construction funding of the Preston Road (SH 289) and
First Street Dual Left Turn Lanes project.
Description of Agenda Item:
The Town of Prosper was notified in April of 2021, of being selected by the North Texas Council
of Governments (NTCOG) for funding under the Covid-19 #071 Infrastructure Program Round 4
grant. This program is administered by the Texas Department of Transportation (TxDOT)
contracts division. Once awarded the grant, the Town coordinated with NTCOG to include the
project in the 2023-2026 Transportation Improvement Program for the Dallas – Ft. Worth
metropolitan area.
The attached Advance Funding Agreement outlines the commitments of the different entities for
the Preston Road (SH 289) and First Street Dual Left Turn Lanes project. The project budgets
are $100,000 for design and $800,000 for construction for a total of $900,000. These direct costs
are allocated based on an 80% federal funding and 20% local funding, which translates to
$720,000 in federal participation and $180,000 in local participation. Indirect state costs for project
oversight, estimated at $41,293, to be 100% state funding. The Town will be responsible for 100%
of any cost overruns over the stated budgets.
At the December 13, 2022, Town Council meeting, the Town Council awarded a Professional
Engineering Services Agreement to Lockwood, Andrews, & Newman (LAN), Inc., for design of
Preston Road/Prosper Trail Dual Left Turns and the Coit Road/ US 380 Dual Left Turns projects.
Staff anticipates negotiating with LAN for a contract amendment to include the design of this
project. It is a requirement of TxDOT that the Advance Funding Agreement be executed before
engaging a design consultant for the project.
ENGINEERING
SERVICES
Page 71
Item 10.
Page 2 of 2
Budget Impact:
The project budget for design, in the amount of $100,000, was included in the 2021-2022 Capital
Improvement Program in Account Number 750-5410-10-00-2118-ST, and the $800,000 for
construction was included in the 2022-2023 Capital Improvement Program in Account Number
750-6610-10-00-2118-ST. Per the Advanced Funding Agreement, the federal participation
amount is $720,000 (80%), which will be provided by TxDOT.
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. Resolution
2. Advance Funding Agreement
Town Staff Recommendation:
Town Staff recommends that the Town Council approve a Resolution authorizing the Town
Manager to execute an Advance Funding Agreement between the Texas Department of
Transportation (TxDOT), and the Town of Prosper, Texas, related to the design and construction
funding of the Preston Road (SH 289) and First Street Dual Left Turn Lanes project.
Proposed Motion:
I move to approve a Resolution authorizing the Town Manager to execute an Advance Funding
Agreement with the Texas Department of Transportation (TxDOT), and the Town of Prosper,
Texas, related to the design and construction funding of the Preston Road (SH 289) and First
Street Dual Left Turn Lanes project.
Page 72
Item 10.
Resolution No. 2023-__, Page 1
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023-__
A RESOLUTION OF THE TOWN OF PROSPER, TEXAS, APPROVING AN
ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR THE DESIGN AND CONSTRUCTION OF DUAL LEFT
TURN LANES AT PRESTON ROAD (SH 289) AND FIRST STREET; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, federal law establishes federally funded programs for transportation
improvements to implement its public purposes; and
WHEREAS, Section 201.103 of the Texas Transportation Code establishes that the State
shall design, construct, and operate a system of highways in cooperation with local governments,
and further, Section 222.052 of the Texas Transportation Code authorizes the Texas
Transportation Commission to accept contributions from political subdivisions for development
and construction of public roads and the state highway system within the political subdivision; and
WHEREAS, federal and state laws require local governments to meet certain contract
standards relating to the management and administration of State and federal funds; and
WHEREAS, the Texas Transportation Commission has codified Sections 15.50-15.56 of
Chapter 15, Title 43 of the Texas Administrative Code describes federal, state, and local
responsibilities for cost participation in highway improvements and other transportation projects;
and
WHEREAS, the Texas Transportation Commission passed Minute Order Number 116292
authorizing the State to undertake and complete a highway improvement or other transportation
project generally described as the intersection improvements with right and/or left turn lanes.
The portion of the project work covered by this Agreement is identified in the Agreement, Article
3, Scope of Work (Project); and
WHEREAS, all legal and statutory prerequisites for the adoption of this Resolution have
been met, including but not limited to compliance with the Texas Open Meetings Act; and
WHEREAS, the Town Council of the Town of Prosper deems the adoption of this
Resolution to be in the best interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS. THAT:
SECTION 1
All matters stated hereinabove are found to be true and correct and are incorporated
herein by reference.
SECTION 2
The Town Council approves and authorizes entering into the Advance Funding Agreement
(AFA) with TxDOT.
Page 73
Item 10.
Resolution No. 2023-__, Page 2
SECTION 3
The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute the
Advance Funding Agreement, which is attached hereto as Exhibit 1 and incorporated by
reference, and to exercise the rights and duties of the Town thereunder in order to receive funding
through the Congestion Mitigation Air Quality program for the design and construction of dual left
turn lanes at Preston Road (SH 289) and First Street.
SECTION 4
This Resolution shall take effect immediately upon and after its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THIS THE 28TH DAY OF MARCH, 2023.
_________________________
David F. Bristol, Mayor
ATTEST:
__________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
___________________________
Terrence S. Welch, Town Attorney
Page 74
Item 10.
Resolution No. 2023-__, Page 3
EXHIBIT 1
(Advance Funding Agreement)
Page 75
Item 10.
TxDOT:: Federal Highway Administration:
CSJ # 0918-24-286 CFDA No. 20.205
District # 18 - Dallas AFA ID Z00004205 CFDA Title Highway Planning and Construction
Code Chart 64 # 34150
Project Name CS: First St at SH 289 AFA Not Used For Research & Development
AFA LongGen Page 1 of 17 Rev. 12/10/2021
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
For
A Congestion Mitigation Air Quality Project
Off-System
THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and
through the Texas Department of Transportation called the “State”, and the Town of
Prosper, acting by and through its duly authorized officials, called the “Local Government”. The
State and Local Government shall be collectively referred to as “the parties” hereinafter.
WITNESSETH
WHEREAS, federal law establishes federally funded programs for transportation improvements
to implement its public purposes, and
WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall
design, construct and operate a system of highways in cooperation with local governments, and
Section 222.052 authorizes the Texas Transportation Commission to accept contributions from
political subdivisions for development and construction of public roads and the state highway
system within the political subdivision, and
WHEREAS, federal and state laws require local governments to meet certain contract
standards relating to the management and administration of State and federal funds, and
WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that
describe federal, state, and local responsibilities for cost participation in highway improvement
and other transportation projects, and
WHEREAS, the Texas Transportation Commission passed Minute Order Number 116292
authorizing the State to undertake and complete a highway improvement or other transportation
project generally described as the intersection improvements with right and/or left turn
lanes. The portion of the project work covered by this Agreement is identified in the Agreement,
Article 3, Scope of Work (Project), and
WHEREAS, the Governing Body of the Local Government has approved entering into this
Agreement by resolution, ordinance, or commissioners court order dated March 28, 2023,
which is attached to and made a part of this Agreement as Attachment C, Resolution,
Ordinance, or Commissioners Court Order (Attachment C). A map showing the Project location
appears in Attachment A, Location Map Showing Project (Attachment A), which is attached to
and made a part of this Agreement.
Page 76
Item 10.
TxDOT:: Federal Highway Administration:
CSJ # 0918-24-286 CFDA No. 20.205
District # 18 - Dallas AFA ID Z00004205 CFDA Title Highway Planning and Construction
Code Chart 64 # 34150
Project Name CS: First St at SH 289 AFA Not Used For Research & Development
AFA LongGen Page 2 of 17 Rev. 12/10/2021
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties, to be by them respectively kept and performed as set forth in this
Agreement, it is agreed as follows:
AGREEMENT
1. Responsible Parties:
For the Project covered by this Agreement, the parties shall be responsible for the
following work as stated in the article of the Agreement referenced in the table below:
1 N/A Utilities Article 8
2. N/A Environmental Assessment and Mitigation Article 9
3. Local Government Architectural and Engineering Services Article 11
4. Local Government Construction Responsibilities Article 12
5. N/A Right of Way and Real Property Article 14
2. Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing makes
the Agreement fully executed. This Agreement shall remain in effect until the Project is
completed or unless terminated as provided below.
3. Scope of Work
The scope of work for the Project consists of the construction of additional left turn lanes
at the intersection of First Street and SH 289 in the Town of Prosper.
4. Project Sources and Uses of Funds
The total estimated cost of the Project is shown in Attachment B, Project Budget
(Attachment B) which is attached to and made a part of this Agreement.
A. If the Local Government will perform any work under this Agreement for which
reimbursement will be provided by or through the State, the Local Government
must complete training. If federal funds are being used, the training must be
completed before federal spending authority is obligated. Training is complete
when at least one individual who is working actively and directly on the Project
successfully completes and receives a certificate for the course entitled “Local
Government Project Procedures and Qualification for the Texas Department of
Transportation” and retains qualification in accordance with applicable TxDOT
procedures. Upon request, the Local Government shall provide the certificate of
qualification to the State. The individual who receives the training certificate may
be an employee of the Local Government or an employee of a firm that has been
contracted by the Local Government to perform oversight of the Project. The
State in its discretion may deny reimbursement if the Local Government has not
continuously designated in writing a qualified individual to work actively on or to
directly oversee the Project.
Page 77
Item 10.
TxDOT:: Federal Highway Administration:
CSJ # 0918-24-286 CFDA No. 20.205
District # 18 - Dallas AFA ID Z00004205 CFDA Title Highway Planning and Construction
Code Chart 64 # 34150
Project Name CS: First St at SH 289 AFA Not Used For Research & Development
AFA LongGen Page 3 of 17 Rev. 12/10/2021
B. The expected cash contributions from the federal government, the State, the
Local Government, or other parties are shown in Attachment B. The State will
pay for only those Project costs that have been approved by the Texas
Transportation Commission. For projects with federal funds, the State and the
federal government will not reimburse the Local Government for any work
performed before the federal spending authority is formally obligated to the
Project by the Federal Highway Administration (FHWA). After federal funds have
been obligated, the State will send to the Local Government a copy of the formal
documentation showing the obligation of funds including federal award
information. The Local Government is responsible for 100% of the cost of any
work performed under its direction or control before the federal spending
authority is formally obligated.
C. Attachment B shows, by major cost categories, the cost estimates and the party
responsible for performing the work for each category. These categories may
include but are not limited to: (1) costs of real property; (2) costs of utility work;
(3) costs of environmental assessment and remediation; (4) cost of preliminary
engineering and design; (5) cost of construction and construction management;
and (6) any other local project costs.
D. The State will be responsible for securing the federal and State share of the
funding required for the development and construction of the local Project. If the
Local Government is due funds for expenses incurred, these funds will be
reimbursed to the Local Government on a cost basis.
E. The Local Government will be responsible for all non-federal or non-State
participation costs associated with the Project, unless otherwise provided for in
this Agreement or approved otherwise in an amendment to this Agreement. For
items of work subject to specified percentage funding, the Local Government
shall only in those instances be responsible for all Project costs that are greater
than the maximum State and federal participation specified in Attachment B and
for overruns in excess of the amount specified in Attachment B to be paid by the
Local Government.
F. The budget in Attachment B will clearly state all items subject to fixed price
funding, specified percentage funding, and the periodic payment schedule, when
periodic payments have been approved by the State.
G. When the Local Government bears the responsibility for paying cost overruns,
the Local Government shall make payment to the State within thirty (30) days
from the receipt of the State’s written notification of additional funds being due.
H. When fixed price funding is used, the Local Government is responsible for the
fixed price amount specified in Attachment B. Fixed prices are not subject to
adjustment unless (1) differing site conditions are encountered; (2) further
definition of the Local Government’s requested scope of work identifies greatly
differing costs from those estimated; (3) work requested by the Local
Government is determined to be ineligible for federal participation; or (4) the
adjustment is mutually agreed to by the State and the Local Government.
I. Prior to the performance of any engineering review work by the State, the Local
Government will pay to the State the amount specified in Attachment B. At a
minimum, this amount shall equal the Local Government’s funding share for the
estimated cost of preliminary engineering performed or reviewed by the State for
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District # 18 - Dallas AFA ID Z00004205 CFDA Title Highway Planning and Construction
Code Chart 64 # 34150
Project Name CS: First St at SH 289 AFA Not Used For Research & Development
AFA LongGen Page 4 of 17 Rev. 12/10/2021
the Project. At least sixty (60) days prior to the date set for receipt of the
construction bids, the Local Government shall remit its remaining financial share
for the State’s estimated construction oversight and construction cost.
J. The State will not execute the contract for the construction of the Project until the
required funding has been made available by the Local Government in
accordance with this Agreement.
K. Whenever funds are paid by the Local Government to the State under this
Agreement, the Local Government shall remit a check or warrant made payable
to the “Texas Department of Transportation” or may use the State’s Automated
Clearing House (ACH) system for electronic transfer of funds in accordance with
instructions provided by TxDOT’s Finance Division. The funds shall be deposited
and managed by the State and may only be applied by the State to the Project.
L. The State will not pay interest on any funds provided by the Local Government.
M. If a waiver for the collection of indirect costs for a service project has been
granted under 43 TAC §15.56, the State will not charge the Local Government
for the indirect costs the State incurs on the Project, unless this Agreement is
terminated at the request of the Local Government prior to completion of the
Project.
N. If the Local Government is an Economically Disadvantaged County (EDC) and if
the State has approved adjustments to the standard financing arrangement, this
Agreement reflects those adjustments.
O. Where the Local Government is authorized to perform services under this
Agreement and be reimbursed by the State, the Local Government is authorized
to submit requests for reimbursement by submitting the original of an itemized
invoice, in a form and containing all items required by the State, no more
frequently than monthly and no later than ninety (90) days after costs are
incurred. If the Local Government submits invoices more than ninety (90) days
after the costs are incurred and if federal funding is reduced as a result, the State
shall have no responsibility to reimburse the Local Government for those costs.
P. Upon completion of the Project, the State will perform a final accounting of the
Project costs for all items of work with specified percentage funding. Any funds
due by the Local Government, the State, or the federal government for these
work items will be promptly paid by the owing party.
Q. The state auditor may conduct an audit or investigation of any entity receiving
funds from the State directly under this Agreement or indirectly through a
subcontract under this Agreement. Acceptance of funds directly under this
Agreement or indirectly through a subcontract under this Agreement acts as
acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with
those funds. An entity that is the subject of an audit or investigation must provide
the state auditor with access to any information the state auditor considers
relevant to the investigation or audit.
R. Payment under this Agreement beyond the end of the current fiscal biennium is
subject to availability of appropriated funds. If funds are not appropriated, this
Agreement shall be terminated immediately with no liability to either party.
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TxDOT:: Federal Highway Administration:
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District # 18 - Dallas AFA ID Z00004205 CFDA Title Highway Planning and Construction
Code Chart 64 # 34150
Project Name CS: First St at SH 289 AFA Not Used For Research & Development
AFA LongGen Page 5 of 17 Rev. 12/10/2021
5. Termination of This Agreement
This Agreement shall remain in effect until the Project is completed and accepted by all
parties, unless:
A. The Agreement is terminated in writing with the mutual consent of the parties;
B. The Agreement is terminated by one party because of a breach, in which case
any costs incurred because of the breach shall be paid by the breaching party;
C. The Local Government elects not to provide funding after the completion of
preliminary engineering, specifications, and estimates (PS&E) and the Project
does not proceed because of insufficient funds, in which case the Local
Government agrees to reimburse the State for its reasonable actual costs
incurred during the Project; or
D. The Agreement is terminated by the State because the parties are not able to
execute a mutually agreeable amendment when the costs for Local Government
requested items increase significantly due to differing site conditions,
determination that Local government requested work is ineligible for federal or
state cost participation, or a more thorough definition of the Local Government’s
proposed work scope identifies greatly differing costs from those estimated. The
State will reimburse Local Government remaining funds to the Local Government
within ninety (90) days of termination; or
E. The Project is inactive for thirty-six (36) consecutive months or longer and no
expenditures have been charged against federal funds, in which case the State
may in its discretion terminate this Agreement.
6. Amendments
Amendments to this Agreement due to changes in the character of the work, terms of
the Agreement, or responsibilities of the parties relating to the Project may be enacted
through a mutually agreed upon, written amendment.
7. Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any
agreement default, but all remedies existing at law and in equity may be availed of by
either party to this Agreement and shall be cumulative.
8. Utilities
The party named in Article 1, Responsible Parties, under AGREEMENT shall be
responsible for the adjustment, removal, or relocation of utility facilities in accordance
with applicable state laws, regulations, rules, policies, and procedures, including any
cost to the State of a delay resulting from the Local Government’s failure to ensure that
utility facilities are adjusted, removed, or relocated before the scheduled beginning of
construction. The Local Government will not be reimbursed with federal or State funds
for the cost of required utility work. The Local Government must obtain advance
approval for any variance from established procedures. Before a construction contract is
let, the Local Government shall provide, at the State’s request, a certification stating that
the Local Government has completed the adjustment of all utilities that must be adjusted
before construction is commenced.
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TxDOT:: Federal Highway Administration:
CSJ # 0918-24-286 CFDA No. 20.205
District # 18 - Dallas AFA ID Z00004205 CFDA Title Highway Planning and Construction
Code Chart 64 # 34150
Project Name CS: First St at SH 289 AFA Not Used For Research & Development
AFA LongGen Page 6 of 17 Rev. 12/10/2021
9. Environmental Assessment and Mitigation
Development of a transportation project must comply with the National Environmental
Policy Act and the National Historic Preservation Act of 1966, which require
environmental clearance of federal-aid projects. The party named in Article 1,
Responsible Parties, under AGREEMENT is responsible for the following:
A. The identification and assessment of any environmental problems associated
with the development of a local project governed by this Agreement.
B. The cost of any environmental problem’s mitigation and remediation.
C. Providing any public meetings or public hearings required for the environmental
assessment process. Public hearings will not be held prior to the approval of the
Project schematic.
D. The preparation of the NEPA documents required for the environmental
clearance of this Project.
If the Local Government is responsible for the environmental assessment and mitigation,
before the advertisement for bids, the Local Government shall provide to the State
written documentation from the appropriate regulatory agency or agencies that all
environmental clearances have been obtained.
10. Compliance with Accessibility Standards
All parties to this Agreement shall ensure that the plans for and the construction of all
projects subject to this Agreement are in compliance with standards issued or approved
by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent
with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-
336) (ADA).
11. Architectural and Engineering Services
The party named in Article 1, Responsible Parties, under AGREEMENT has
responsibility for the performance of architectural and engineering services. The
engineering plans shall be developed in accordance with the applicable State’s Standard
Specifications for Construction and Maintenance of Highways, Streets and Bridges and
the special specifications and special provisions related to it. For projects on the State
highway system, the design shall, at a minimum conform to applicable State manuals.
For projects not on the State highway system, the design shall, at a minimum, conform
to applicable American Association of State Highway and Transportation Officials
(AASHTO) design standards.
In procuring professional services, the parties to this Agreement must comply with
federal requirements cited in 23 CFR Part 172 if the Project is federally funded and with
Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for
federally funded projects must conform to federal requirements, specifically including the
provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and
environmental matters. If the Local Government is the responsible party, the Local
Government shall submit its procurement selection process for prior approval by the
State. All professional services contracts must be reviewed and approved by the State
prior to execution by the Local Government.
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TxDOT:: Federal Highway Administration:
CSJ # 0918-24-286 CFDA No. 20.205
District # 18 - Dallas AFA ID Z00004205 CFDA Title Highway Planning and Construction
Code Chart 64 # 34150
Project Name CS: First St at SH 289 AFA Not Used For Research & Development
AFA LongGen Page 7 of 17 Rev. 12/10/2021
12. Construction Responsibilities
The party named in Article 1, Responsible Parties, under AGREEMENT is responsible
for the following:
A. Advertise for construction bids, issue bid proposals, receive and tabulate the
bids, and award and administer the contract for construction of the Project.
Administration of the contract includes the responsibility for construction
engineering and for issuance of any change orders, supplemental agreements,
amendments, or additional work orders that may become necessary subsequent
to the award of the construction contract. In order to ensure federal funding
eligibility, projects must be authorized by the State prior to advertising for
construction.
B. If the State is the responsible party, the State will use its approved contract
letting and award procedures to let and award the construction contract.
C. If the Local Government is the responsible party, the Local Government shall
submit its contract letting and award procedures to the State for review and
approval prior to letting.
D. If the Local Government is the responsible party, the State must concur with the
low bidder selection before the Local Government can enter into a contract with
the vendor.
E. If the Local Government is the responsible party, the State must review and
approve change orders.
F. Upon completion of the Project, the party responsible for constructing the Project
will issue and sign a “Notification of Completion” acknowledging the Project’s
construction completion and submit certification(s) sealed by a professional
engineer(s) licensed in the State of Texas.
G. For federally funded contracts, the parties to this Agreement will comply with
federal construction requirements cited in 23 CFR Part 635 and with
requirements cited in 23 CFR Part 633, and shall include the latest version of
Form “FHWA-1273” in the contract bidding documents. If force account work will
be performed, a finding of cost effectiveness shall be made in compliance with 23
CFR 635, Subpart B.
13. Project Maintenance
The Local Government shall be responsible for maintenance of locally owned roads and
locally owned facilities after completion of the work. The State shall be responsible for
maintenance of the State highway system after completion of the work if the work was
on the State highway system, unless otherwise provided for in existing maintenance
agreements with the Local Government.
14. Right of Way and Real Property
The party named in Article 1, Responsible Parties, under AGREEMENT is responsible
for the provision and acquisition of any needed right of way or real property.
The Local Government shall be responsible for the following:
A. Right of way and real property acquisition shall be the responsibility of the Local
Government. Title to right of way and other related real property must be
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Project Name CS: First St at SH 289 AFA Not Used For Research & Development
AFA LongGen Page 8 of 17 Rev. 12/10/2021
acceptable to the State before funds may be expended for the improvement of
the right of way or real property.
B. If the Local Government is the owner of any part of the Project site under this
Agreement, the Local Government shall permit the State or its authorized
representative access to occupy the site to perform all activities required to
execute the work.
C. All parties to this Agreement will comply with and assume the costs for
compliance with all the requirements of Title II and Title III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title
42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental
expenses incurred by the property owners in conveying the real property to the
Local Government and benefits applicable to the relocation of any displaced
person as defined in 49 CFR Section 24.2(g). Documentation to support such
compliance must be maintained and made available to the State and its
representatives for review and inspection.
D. The Local Government shall assume all costs and perform necessary
requirements to provide any necessary evidence of title or right of use in the
name of the Local Government to the real property required for development of
the Project. The evidence of title or rights shall be acceptable to the State, and
be free and clear of all encroachments. The Local Government shall secure and
provide easements and any needed rights of entry over any other land needed to
develop the Project according to the approved Project plans. The Local
Government shall be responsible for securing any additional real property
required for completion of the Project.
E. In the event real property is donated to the Local Government after the date of
the State’s authorization, the Local Government will provide all documentation to
the State regarding fair market value of the acquired property. The State will
review the Local Government’s appraisal, determine the fair market value and
credit that amount towards the Local Government’s financial share. If donated
property is to be used as a funding match, it may not be provided by the Local
Government. The State will not reimburse the Local Government for any real
property acquired before execution of this Agreement and the obligation of
federal spending authority.
F. The Local Government shall prepare real property maps, property descriptions,
and other data as needed to properly describe the real property and submit them
to the State for approval prior to the Local Government acquiring the real
property. Tracings of the maps shall be retained by the Local Government for a
permanent record.
G. The Local Government agrees to make a determination of property values for
each real property parcel by methods acceptable to the State and to submit to
the State a tabulation of the values so determined, signed by the appropriate
Local Government representative. The tabulations shall list the parcel numbers,
ownership, acreage and recommended compensation. Compensation shall be
shown in the component parts of land acquired, itemization of improvements
acquired, damages (if any) and the amounts by which the total compensation will
be reduced if the owner retains improvements. This tabulation shall be
accompanied by an explanation to support the determined values, together with
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TxDOT:: Federal Highway Administration:
CSJ # 0918-24-286 CFDA No. 20.205
District # 18 - Dallas AFA ID Z00004205 CFDA Title Highway Planning and Construction
Code Chart 64 # 34150
Project Name CS: First St at SH 289 AFA Not Used For Research & Development
AFA LongGen Page 9 of 17 Rev. 12/10/2021
a copy of information or reports used in calculating all determined values.
Expenses incurred by the Local Government in performing this work may be
eligible for reimbursement after the Local Government has received written
authorization by the State to proceed with determination of real property values.
The State will review the data submitted and may base its reimbursement for
parcel acquisitions on these values.
H. Reimbursement for real property costs will be made to the Local Government for
real property purchased in an amount not to exceed eighty percent (80%) of the
cost of the real property purchased in accordance with the terms and provisions
of this Agreement. Reimbursement will be in an amount not to exceed eighty
percent (80%) of the State’s predetermined value of each parcel, or the net cost
of the parcel, whichever is less. In addition, reimbursement will be made to the
Local Government for necessary payments to appraisers, expenses incurred in
order to assure good title, and costs associated with the relocation of displaced
persons and personal property as well as incidental expenses.
I. If the Project requires the use of real property to which the Local Government will
not hold title, a separate agreement between the owners of the real property and
the Local Government must be executed prior to execution of this Agreement.
The separate agreement must establish that the Project will be dedicated for
public use for a period of not less than 10 (ten) years after completion. The
separate agreement must define the responsibilities of the parties as to the use
of the real property and operation and maintenance of the Project after
completion. The separate agreement must be approved by the State prior to its
execution. A copy of the executed agreement shall be provided to the State.
15. Insurance
If this Agreement authorizes the Local Government or its contractor to perform any work
on State right of way, before beginning work, the entity performing the work shall provide
the State with a fully executed copy of the State's Form 1560 Certificate of Insurance
verifying the existence of coverage in the amounts and types specified on the Certificate
of Insurance for all persons and entities working on State right of way. This coverage
shall be maintained until all work on the State right of way is complete. If coverage is not
maintained, all work on State right of way shall cease immediately, and the State may
recover damages and all costs of completing the work.
16. Notices
All notices to either party shall be delivered personally or sent by certified or U.S. mail,
postage prepaid, addressed to that party at the following address:
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TxDOT:: Federal Highway Administration:
CSJ # 0918-24-286 CFDA No. 20.205
District # 18 - Dallas AFA ID Z00004205 CFDA Title Highway Planning and Construction
Code Chart 64 # 34150
Project Name CS: First St at SH 289 AFA Not Used For Research & Development
AFA LongGen Page 10 of 17 Rev. 12/10/2021
Local Government:
Town of Prosper
ATTN: Town Manager
P.O.Box 307
Prosper, Texas 75078
State:
Texas Department of Transportation
ATTN: Director of Contract Services
125 E. 11th Street
Austin, TX 78701
All notices shall be deemed given on the date delivered in person or deposited in the
mail, unless otherwise provided by this Agreement. Either party may change the above
address by sending written notice of the change to the other party. Either party may
request in writing that notices shall be delivered personally or by certified U.S. mail, and
that request shall be carried out by the other party.
17. Legal Construction
If one or more of the provisions contained in this Agreement shall for any reason be held
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provisions and this Agreement shall be
construed as if it did not contain the invalid, illegal, or unenforceable provision.
18. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or
employee of the other party, and each party agrees it is responsible for its individual acts
and deeds as well as the acts and deeds of its contractors, employees, representatives,
and agents.
19. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by the State
shall remain the property of the State. All data and information prepared under this
Agreement shall be made available to the State without restriction or limitation on their
further use. All documents produced or approved or otherwise created by the Local
Government shall be transmitted to the State, in the format directed by the State, on a
monthly basis or as required by the State. The originals shall remain the property of the
Local Government. .
20. Compliance with Laws
The parties to this Agreement shall comply with all federal, state, and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any manner affecting the performance of this
Agreement. When required, the Local Government shall furnish the State with
satisfactory proof of this compliance.
21. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the
Agreement’s subject matter.
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TxDOT:: Federal Highway Administration:
CSJ # 0918-24-286 CFDA No. 20.205
District # 18 - Dallas AFA ID Z00004205 CFDA Title Highway Planning and Construction
Code Chart 64 # 34150
Project Name CS: First St at SH 289 AFA Not Used For Research & Development
AFA LongGen Page 11 of 17 Rev. 12/10/2021
22. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the cost
principles established in 2 CFR 200 that specify that all reimbursed costs are allowable,
reasonable, and allocable to the Project.
23. Procurement and Property Management Standards
The parties to this Agreement shall adhere to the procurement and property
management standards established in 2 CFR 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the
Texas Uniform Grant Management Standards. The State must pre-approve the Local
Government’s procurement procedures for purchases to be eligible for state or federal
funds.
24. Inspection of Books and Records
The parties to this Agreement shall maintain all books, documents, papers, accounting
records, and other documentation relating to costs incurred under this Agreement and
shall make such materials available to the State, the Local Government, and, if federally
funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized
representatives for review and inspection at its office during the Agreement period and
for seven (7) years from the date of final reimbursement by FHWA under this Agreement
or until any impending litigation or claims are resolved. Additionally, the State, the Local
Government, and the FHWA and their duly authorized representatives shall have access
to all the governmental records that are directly applicable to this Agreement for the
purpose of making audits, examinations, excerpts, and transcriptions.
25. Civil Rights Compliance
The parties to this Agreement are responsible for the following:
A. Compliance with Regulations: Both parties will comply with the Acts and the
Regulations relative to Nondiscrimination in Federally-assisted programs of the
U.S. Department of Transportation (USDOT), the Federal Highway
Administration (FHWA), as they may be amended from time to time, which are
herein incorporated by reference and made part of this Agreement.
B. Nondiscrimination: The Local Government, with regard to the work performed by
it during the Agreement, will not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The Local Government will
not participate directly or indirectly in the discrimination prohibited by the Acts
and the Regulations, including employment practices when the Agreement
covers any activity, project, or program set forth in Appendix B of 49 CFR Part
21.
C. Solicitations for Subcontracts, Including Procurement of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made
by the Local Government for work to be performed under a subcontract, including
procurement of materials or leases of equipment, each potential subcontractor or
supplier will be notified by the Local Government of the Local Government’s
obligations under this Agreement and the Acts and Regulations relative to
Nondiscrimination on the grounds of race, color, or national origin.
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TxDOT:: Federal Highway Administration:
CSJ # 0918-24-286 CFDA No. 20.205
District # 18 - Dallas AFA ID Z00004205 CFDA Title Highway Planning and Construction
Code Chart 64 # 34150
Project Name CS: First St at SH 289 AFA Not Used For Research & Development
AFA LongGen Page 12 of 17 Rev. 12/10/2021
D. Information and Reports: The Local Government will provide all information and
reports required by the Acts, the Regulations, and directives issued pursuant
thereto, and will permit access to its books, records, accounts, other sources of
information, and facilities as may be determined by the State or the FHWA to be
pertinent to ascertain compliance with such Acts, Regulations or directives.
Where any information required of the Local Government is in the exclusive
possession of another who fails or refuses to furnish this information, the Local
Government will so certify to the State or the FHWA, as appropriate, and will set
forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of the Local Government's
noncompliance with the Nondiscrimination provisions of this Agreement, the
State will impose such contract sanctions as it or the FHWA may determine to be
appropriate, including, but not limited to:
1. withholding of payments to the Local Government under the Agreement until
the Local Government complies and/or
2. cancelling, terminating, or suspending of the Agreement, in whole or in part.
F. Incorporation of Provisions: The Local Government will include the provisions of
paragraphs (A) through (F) in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Acts, the Regulations
and directives issued pursuant thereto. The Local Government will take such
action with respect to any subcontract or procurement as the State or the FHWA
may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, that if the Local Government becomes involved in, or
is threatened with, litigation with a subcontractor or supplier because of such
direction, the Local Government may request the State to enter into such
litigation to protect the interests of the State. In addition, the Local Government
may request the United States to enter into such litigation to protect the interests
of the United States.
26. Pertinent Non-Discrimination Authorities
During the performance of this Agreement, each party, for itself, its assignees, and
successors in interest agree to comply with the following nondiscrimination statutes and
authorities; including but not limited to:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(pro-hibits discrimination on the basis of race, color, national origin); and 49 CFR
Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or
whose property has been acquired because of federal or federal-aid programs
and projects).
C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended,
(prohibits discrimination on the basis of sex).
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part
27.
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age).
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Code Chart 64 # 34150
Project Name CS: First St at SH 289 AFA Not Used For Research & Development
AFA LongGen Page 13 of 17 Rev. 12/10/2021
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section
47123), as amended, (prohibits discrimination based on race, creed, color,
national origin, or sex).
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms “programs or activities” to include all of the
programs or activities of the federal-aid recipients, subrecipients and contractors,
whether such programs or activities are federally funded or not).
H. Titles II and III of the Americans with Disabilities Act, which prohibits
discrimination on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain
testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of
Transportation regulations at 49 C.F.R. Parts 37 and 38.
I. The Federal Aviation Administration’s Nondiscrimination statute (49 U.S.C. §
47123) (prohibits discrimination on the basis of race, color, national origin, and
sex).
J. Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures
nondiscrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations.
K. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of limited English proficiency (LEP). To ensure
compliance with Title VI, the parties must take reasonable steps to ensure that
LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to
74100).
L. Title IX of the Education Amendments of 1972, as amended, which prohibits the
parties from discriminating because of sex in education programs or activities (20
U.S.C. 1681 et seq.).
27. Disadvantaged Business Enterprise (DBE) Program Requirements
If federal funds are used:
A. The parties shall comply with the Disadvantaged Business Enterprise Program
requirements established in 49 CFR Part 26.
B. The Local Government shall adopt, in its totality, the State’s federally approved
DBE program.
C. The Local Government shall incorporate into its contracts with subproviders an
appropriate DBE goal consistent with the State’s DBE guidelines and in
consideration of the local market, project size, and nature of the goods or
services to be acquired. The Local Government shall submit its proposed scope
of services and quantity estimates to the State to allow the State to establish a
DBE goal for each Local Government contract with a subprovider. The Local
Government shall be responsible for documenting its actions.
D. The Local Government shall follow all other parts of the State’s DBE program
referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the
Page 88
Item 10.
TxDOT:: Federal Highway Administration:
CSJ # 0918-24-286 CFDA No. 20.205
District # 18 - Dallas AFA ID Z00004205 CFDA Title Highway Planning and Construction
Code Chart 64 # 34150
Project Name CS: First St at SH 289 AFA Not Used For Research & Development
AFA LongGen Page 14 of 17 Rev. 12/10/2021
Adoption of the Texas Department of Transportation’s Federally-Approved
Disadvantaged Business Enterprise by Entity, and attachments found at web
address http://ftp.dot.state.tx.us/pub/txdot-
info/bop/dbe/mou/mou_attachments.pdf.
E. The Local Government shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of any U.S. Department of
Transportation (DOT)-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The Local Government shall
take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-
discrimination in award and administration of DOT-assisted contracts. The
State’s DBE program, as required by 49 CFR Part 26 and as approved by DOT,
is incorporated by reference in this Agreement. Implementation of this program
is a legal obligation and failure to carry out its terms shall be treated as a
violation of this Agreement. Upon notification to the Local Government of its
failure to carry out its approved program, the State may impose sanctions as
provided for under 49 CFR Part 26 and may, in appropriate cases, refer the
matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
F. Each contract the Local Government signs with a contractor (and each
subcontract the prime contractor signs with a sub-contractor) must include the
following assurance: The contractor, sub-recipient, or sub-contractor shall not
discriminate on the basis of race, color, national origin, or sex in the performance
of this contract. The contractor shall carry out applicable requirements of 49
CFR Part 26 in the award and administration of DOT-assisted contracts. Failure
by the contractor to carry out these requirements is a material breach of this
Agreement, which may result in the termination of this Agreement or such other
remedy as the recipient deems appropriate.
28. Debarment Certifications
If federal funds are used, the parties are prohibited from making any award at any tier to
any party that is debarred or suspended or otherwise excluded from or ineligible for
participation in Federal Assistance Programs under Executive Order 12549, “Debarment
and Suspension.” By executing this Agreement, the Local Government certifies that it
and its principals are not currently debarred, suspended, or otherwise excluded from or
ineligible for participation in Federal Assistance Programs under Executive Order 12549
and further certifies that it will not do business with any party, to include principals, that is
currently debarred, suspended, or otherwise excluded from or ineligible for participation
in Federal Assistance Programs under Executive Order 12549. The parties to this
Agreement shall require any party to a subcontract or purchase order awarded under
this Agreement to certify its eligibility to receive federal funds and, when requested by
the State, to furnish a copy of the certification.
If state funds are used, the parties are prohibited from making any award to any party
that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20,
Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1,
Chapter 9, Subchapter G.
Page 89
Item 10.
TxDOT:: Federal Highway Administration:
CSJ # 0918-24-286 CFDA No. 20.205
District # 18 - Dallas AFA ID Z00004205 CFDA Title Highway Planning and Construction
Code Chart 64 # 34150
Project Name CS: First St at SH 289 AFA Not Used For Research & Development
AFA LongGen Page 15 of 17 Rev. 12/10/2021
29. Lobbying Certification
If federal funds are used, in executing this Agreement, each signatory certifies to the
best of that signatory’s knowledge and belief, that:
A. No federal appropriated funds have been paid or will be paid by or on behalf of
the parties to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with federal contracts, grants,
loans, or cooperative agreements, the signatory for the Local Government shall
complete and submit the Federal Standard Form-LLL, “Disclosure Form to
Report Lobbying,” in accordance with its instructions.
C. The parties shall require that the language of this certification shall be included in
the award documents for all sub-awards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
all sub-recipients shall certify and disclose accordingly. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by Title 31 U.S.C. §1352. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
30. Federal Funding Accountability and Transparency Act Requirements
If federal funds are used, the following requirements apply:
A. Any recipient of funds under this Agreement agrees to comply with the Federal
Funding Accountability and Transparency Act (FFATA) and implementing
regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject
to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-
14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-2010-09-
14/pdf/2010-22706.pdf.
B. The Local Government agrees that it shall:
1. Obtain and provide to the State a System for Award Management (SAM)
number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award
provides more than $25,000 in federal funding. The SAM number may be
obtained by visiting the SAM website whose address is:
https://www.sam.gov/portal/public/SAM/
2. Obtain and provide to the State a Data Universal Numbering System (DUNS)
number, a unique nine-character number that allows federal government to
track the distribution of federal money. The DUNS may be requested free of
charge for all businesses and entities required to do so by visiting the Dun &
Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform;
and
Page 90
Item 10.
TxDOT:: Federal Highway Administration:
CSJ # 0918-24-286 CFDA No. 20.205
District # 18 - Dallas AFA ID Z00004205 CFDA Title Highway Planning and Construction
Code Chart 64 # 34150
Project Name CS: First St at SH 289 AFA Not Used For Research & Development
AFA LongGen Page 16 of 17 Rev. 12/10/2021
3. Report the total compensation and names of its top five executives to the
State if:
i. More than 80% of annual gross revenues are from the federal
government, and those revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting
to the U.S. Securities and Exchange Commission.
31. Single Audit Report
If federal funds are used:
A. The parties shall comply with the single audit report requirements stipulated in 2
CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
B. If threshold expenditures of $750,000 or more are met during the fiscal year, the
Local Government must submit a Single Audit Report and Management Letter (if
applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX
78701 or contact TxDOT’s Compliance Division by email at
singleaudits@txdot.gov.
C. If expenditures are less than the threshold during the Local Government's fiscal
year, the Local Government must submit a statement to TxDOT's Compliance
Division as follows: "We did not meet the $______ expenditure threshold and
therefore, are not required to have a single audit performed for FY ______."
D. For each year the Project remains open for federal funding expenditures, the
Local Government will be responsible for filing a report or statement as described
above. The required annual filing shall extend throughout the life of the
Agreement, unless otherwise amended or the Project has been formally closed
out and no charges have been incurred within the current fiscal year.
Page 91
Item 10.
TxDOT:: Federal Highway Administration:
CSJ # 0918-24-286 CFDA No. 20.205
District # 18 - Dallas AFA ID Z00004205 CFDA Title Highway Planning and Construction
Code Chart 64 # 34150
Project Name CS: First St at SH 289 AFA Not Used For Research & Development
AFA LongGen Page 17 of 17 Rev. 12/10/2021
32.Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this
Agreement on behalf of the entity represented.
Each party is signing this Agreement on the date stated under that party’s signature.
THE STATE OF TEXAS THE LOCAL GOVERNMENT
Signature Signature
Kenneth Stewart Mario Canizares
Typed or Printed Name
Director of Contract Services
Town Manager
Typed or Printed Title Typed or Printed Title
Date Date
Page 92
Item 10.
TxDOT:: Federal Highway Administration:
CSJ # 0918-24-286 CFDA No. 20.205
District # 18 – Dallas AFA ID Z00004205 CFDA Title Highway Planning and Construction
Code Chart 64 # 34150
Project Name CS: First St at SH 289 AFA Not Used For Research & Development
Page 1 of 1
AFA LongGen Attachment A
ATTACHMENT A
LOCATION MAP SHOWING PROJECT
Page 93
Item 10.
TxDOT:: Federal Highway Administration:
CSJ # 0918-24-286 CFDA No. 20.205
District # 18 - Dallas AFA ID Z00004205 CFDA Title Highway Planning and Construction
Code Chart 64 # 34150
Project Name CS: First St at SH 289 AFA Not Used For Research & Development
Page 1 of 1
AFA LongGen Attachment B
ATTACHMENT B
PROJECT BUDGET
Costs will be allocated based on 80% Federal funding and 20% Local Government funding until
the federal funding reaches the maximum obligated amount. The Local Government will then be
responsible for 100% of the costs.
Project Budget
Description Total Estimated
Cost
Federal
Participation
State
Participation
Local
Participation
% Cost % Cost Cost
Engineering $97,000 80% $77,600 0% $0 20% $19,400
Construction-Cat. 5 $776,000 80% $620,800 0% $0 20% $155,200
Subtotal $873,000 $698,400 $0 $174,600
Direct State Cost – Env $750 80% $600 0% $0 20% $150
Direct State Cost –
Eng. $750 80% $600 0% $0 20% $150
Direct State Cost –
ROW $750 80% $600 0% $0 20% $150
Direct State Cost – UTL $750 80% $600 0% $0 20% $150
Direct State Cost –
CNST $24,000 80% $19,200 0% $0 20% $4,800
Subtotal 27,000 $21,600 $0 $5,400
Indirect State Cost –
4.73% $41,293 0% $0 100% $41,293 0% $0
TOTAL $941,293 $720,000 $41,293 $180,000
Initial payment by the Local Government to the State: $600
Payment by the Local Government to the State before construction: $4,800
Total payment by the Local Government to the State: $5,400
This is an estimate. The final amount of Local Government participation will be based on actual
costs.
Page 94
Item 10.
TxDOT:: Federal Highway Administration:
CSJ # 0918-24-286 CFDA No. 20.205
District # 18-Dallas AFA ID Z00004205 CFDA Title Highway Planning and Construction
Code Chart 64 # 34150
Project Name CS: First St at SH 289 AFA Not Used For Research & Development
Page 1 of 1
AFA LongGen Attachment C
ATTACHMENT C
RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER
Page 95
Item 10.
Resolution No. 2023-___; Page 1
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, SUPPORTING U.S. HIGHWAY 380 BEING A CONTROLLED ACCESS
HIGHWAY WITHIN THE CORPORATE LIMITS OF THE TOWN OF PROSPER,
IN ACCORDANCE WITH RECOMMENDATIONS BY THE TEXAS
DEPARTMENT OF TRANSPORTATION IN ITS DECEMBER 2022 DRAFT
ENVIRONMENTAL IMPACT STATEMENT FOR U.S. HIGHWAY 380 FROM
COIT ROAD TO FM 1827, AND JANUARY 2023 DRAFT ENVIRONMENTAL
ASSESSMENT FOR U.S. HIGHWAY 380 FROM TEEL PARKWAY TO
LAKEWOOD DRIVE, AS MORE FULLY DESCRIBED HEREIN;
ACKNOWLEDGING THE PREFERRED ALIGNMENT OF THE FUTURE
EXPANSION OF U.S. HIGHWAY 380 WITHIN THE CORPORATE LIMITS OF
THE TOWN IS CONSISTENT WITH THE TOWN’S THOROUGHFARE PLAN;
REQUESTING THAT THE TEXAS DEPARTMENT OF TRANSPORTATION’S
FINAL ENVIRONMENTAL IMPACT STATEMENT AND ENVIRONMENTAL
ASSESSMENT REFLECT THE ALIGNMENT OF U.S. HIGHWAY 380 WITHIN
THE CORPORATE LIMITS OF THE TOWN OF PROSPER AS
RECOMMENDED; MAKING FINDINGS; AUTHORIZING THE MAYOR TO
SUBMIT COMMENTS TO THE TEXAS DEPARTMENT OF TRANSPORTATION
ON THE DRAFT ENVIRONMENTAL IMPACT STATEMENT AND/OR DRAFT
ENVIRONMENTAL ASSESSMENT; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Town Council of the Town of Prosper has consistently supported
improving the U.S. Highway 380 corridor to improve mobility for the region; and
WHEREAS, the Town Council of the Town of Prosper also has consistently supported
U.S. Highway 380 being a controlled access highway within the corporate limits of the Town; and
WHEREAS, the Texas Department of Transportation (“TxDOT”) has determined its
preferred alignment of U.S. Highway 380 from Coit Road to FM 1827 - the Blue Preferred
Alignment, as reflected in the Draft Environmental Impact Statement dated December 2022, with
such location described and depicted in Exhibit A, attached hereto; and
WHEREAS, TxDOT also has determined its preferred alignment of U.S. Highway 380 from
Teel Parkway to Lakewood Drive, as reflected in the Draft Environmental Assessment dated
January 2023, with such location described and depicted in Exhibit B, attached hereto; and
WHEREAS, the Town Council agrees that TxDOT’s preferred alignments of U.S. Highway
380 in the Town - the Blue Preferred Alignment for the Coit Road to FM 1827 project, and the
preferred alignment for the Teel Parkway to Lakewood Drive project, as reflected in the December
2022 Draft Environmental Impact Statement and January 2023 Draft Environmental Assessment,
respectively, are beneficial to the Town as well as its residents and businesses; and
WHEREAS, the Town Council hereby desires to express its strong support of the
preferred alignments of U.S. Highway 380 in the Town, as described and depicted in attached
Exhibit A and Exhibit B; and
Page 96
Item 11.
Resolution No. 2023-___; Page 2
WHEREAS, the Town Council further requests that TxDOT’s Final Environmental Impact
Statement and Final Environmental Assessment reflect the alignment of U.S. Highway 380 within
the corporate limits of the Town of Prosper as recommended and referenced herein.
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, Texas, hereby strongly supports U.S. Highway
380 being a controlled access highway within the corporate limits of the Town in accordance with
TxDOT’s preferred alignment of U.S. Highway 380 - the Blue Preferred Alignment for the Coit
Road to FM 1827 project, and the preferred alignment for the Teel Parkway to Lakewood Drive
project, as reflected in the Draft Environmental Impact Statement and Draft Environmental
Assessment referenced in the Preamble to this Resolution.
SECTION 3
The Mayor of the Town of Prosper is hereby authorized to submit comments to TxDOT
regarding on the Draft Environmental Impact Statement and/or Draft Environmental Assessment
referenced in the Preamble to this Resolution.
SECTION 4
The Town Council hereby directs Town staff to promptly forward a copy of this Resolution
to the Texas Department of Transportation.
SECTION 5
Any and all resolutions, rules, regulations, policies, or provisions in conflict with the
provisions of this Resolution are hereby repealed and rescinded to the extent of any conflict
herewith.
SECTION 6
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 28TH DAY OF MARCH, 2023.
_________________________________
David F. Bristol, Mayor
Page 97
Item 11.
Resolution No. 2023-___; Page 3
ATTEST:
___________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 98
Item 11.
Resolution No. 2023-___; Page 4
EXHIBIT A
DECEMBER 2022 DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR U.S. HIGHWAY 380 FROM COIT ROAD TO FM 1827
Page 99
Item 11.
Resolution No. 2023-___; Page 5
EXHIBIT B
JANUARY 2023 DRAFT ENVIRONMENTAL ASSESSMENT FOR U.S. HIGHWAY 380 FROM TEEL PARKWAY TO LAKEWOOD
Page 100
Item 11.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Engineering Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Executive Director of Development and Infrastructure Services
Re: U.S. Highway 380 Resolution
Town Council Meeting - March 28, 2023
Agenda Item:
Consider and act upon approving a Resolution supporting U.S. Highway 380 as a Controlled
Access Highway within the corporate limits of the Town of Prosper, in accordance with
recommendations by the Texas Department of Transportation in its December 2022 Draft
Environmental Impact Statement for U.S. Highway 380 from Coit Road to FM 1827, and January
2023 Draft Environmental Assessment for U.S. Highway 380 from Teel Parkway to Lakewood
Drive; acknowledging the preferred alignment of the future expansion of U.S. Highway 380 within
the corporate limits of the Town is consistent with the Town’s Thoroughfare Plan; requesting that
the Texas Department of Transportation’s final Environmental Impact Statement and
Environmental Assessment reflect the alignment of U.S. Highway 380 within the corporate limits
of the Town of Prosper as recommended; and authorize the Mayor to submit comments to the
Texas Department of Transportation on the Draft Environmental Impact Statement and/or Draft
Environmental Assessment.
Description of Agenda Item:
As Council is aware, the Texas Department of Transportation (TxDOT) conducted a feasibility
study regarding the identification of an alignment for the future Controlled Access Highway of U.S.
Highway 380 that began in 2017 and culminated in a formal report in March 2020. The Town of
Prosper was heavily involved throughout the three (3) year feasibility study process by clearly
identifying and supporting an alignment within the limits of the Town.
For the past six (6) years, the Town has remained involved and steadfast in its support of the U.S.
Highway 380 project. In an effort to show support and cooperation, the Town passed seven (7)
Resolutions between April 2017 and March 2022 clearly identifying the preferred alignment of
keeping 380 on 380 within the Town’s jurisdictional limits. Town Staff has continued to be involved
and met monthly with TxDOT to collaborate on the schematic design for the Segment A alignment
within the limits of Prosper (widening of U.S. Highway 380 on the current alignment). During the
monthly meetings, Town Staff has taken the opportunity to reiterate its support for the Segment A
alignment.
ENGINEERING
SERVICES
Page 101
Item 11.
Page 2 of 2
As part of TxDOT’s Environmental Impact Statement (EIS) process, TxDOT held in-person public
meetings on February 16 and 21, 2023, to share the Draft Environmental Impact Statement and
design schematic showing the preferred alignment of U.S. Highway 380 from Coit Road to FM
1827. In addition to the section of U.S. Highway 380 from Coit Road to FM 1827, TxDOT held a
public hearing on February 23, 2023, to share the Draft Environmental Assessment (EA) and
design schematic showing the preferred alignment of U.S. Highway 380 from Teel Parkway to
Lakewood Drive. Both projects show the preferred alignment of the future expansion of U.S.
Highway 380 within the corporate limits of the Town consistent with the Town’s Thoroughfare Plan.
Budget Impact:
No funding required at this time. In the future some local funds may be required for right -of-way
and/or construction.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and
legality.
Attached Documents:
1. Resolution
Town Staff Recommendation:
Town Staff recommends that the Town Council approve a Resolution supporting U.S. Highway
380 as a Controlled Access Highway within the corporate limits of the Town of Prosper, in
accordance with recommendations by the Texas Department of Transportation in its December
2022 Draft Environmental Impact Statement for U.S. Highway 380 from Coit Road to FM 1827,
and January 2023 Draft Environmental Assessment for U.S. Highway 380 from Teel Parkway to
Lakewood Drive; acknowledging the preferred alignment of the future expansion of U.S. Highway
380 within the corporate limits of the Town is consistent with the Town’s Thoroughfare Plan;
requesting that the Texas Department of Transportation’s final Environmental Impact Statement
and Environmental Assessment reflect the alignment of U.S. Highway 380 within the corporate
limits of the Town of Prosper as recommended; and authorize the Mayor to submit comments to
the Texas Department of Transportation on the Draft Environmental Impact Statement and/or Draft
Environmental Assessment.
Proposed Motion:
I move to approve a Resolution supporting U.S. Highway 380 as a Controlled Access Highway
within the corporate limits of the Town of Prosper, in accordance with recommendations by the
Texas Department of Transportation in its December 2022 Draft Environmental Impact Statement
for U.S. Highway 380 from Coit Road to FM 1827, and January 2023 Draft Environmental
Assessment for U.S. Highway 380 from Teel Parkway to Lakewood Drive; acknowledging the
preferred alignment of the future expansion of U.S. Highway 380 within the corporate limits of the
Town is consistent with the Town’s Thoroughfare Plan; requesting that the Texas Department of
Transportation’s final Environmental Impact Statement and Environmental Assessment reflect the
alignment of U.S. Highway 380 within the corporate limits of the Town of Prosper as
recommended; and authorize the Mayor to submit comments to the Texas Department of
Transportation on the Draft Environmental Impact Statement and/or Draft Environmental
Assessment.
Page 102
Item 11.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Engineering Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Executive Director of Development and Infrastructure Services
Re: No Parking Ordinance – Foxfield Court
Town Council Meeting - March 28, 2023
Agenda Item:
Consider and act upon an ordinance establishing a no parking zone on Foxfield Court.
Description of Agenda Item:
Near the end of the 2021-2022 school year, the Town received complaints regarding parents
parking along Meadowbrook Boulevard east of Coit Road near Rogers Middle School, blocking
traffic. To provide safety for kids crossing Coit Road and Meadowbrook Boulevard, the Town
Council adopted an ordinance at the July 26, 2022, Town Council meeting to restrict parking on
Meadowbrook Boulevard between Coit Road and Foxfield Court. The parking restriction is on
school days from 7AM-9AM and 2PM-4PM and is similar to the no parking zone the Town
implemented along Wilson Drive north of Reynolds Middle School in 2020.
After the Town implemented the no parking zone on Meadowbrook Boulevard last year, the Town
received a complaint from a resident on Foxfield Court stating that parents are now parking in front
of the residential homes along Foxfield Court, while waiting to pick up the students from Rogers
Middle School. Since the resident’s request to extend the no parking restriction on Meadowbrook
Boulevard to include Foxfield Court would impact all the residents ability to park in front of their
homes, the Town informed the resident that a petition would need to be signed by all residents on
Foxfield Court, agreeing to the no parking restriction.
On March 17, 2023, the Town received the attached petition signed by all of the residents along
Foxfield Court, with unanimous support for a no parking zone along Foxfield Court on school days
from 7AM-9AM and 2PM-4PM. The residents provided the following two reasons in the petition:
Safety: Due to the considerable number of vehicles that park on Foxfield Court, it makes the
street impassable for first responders to enter or leave the neighborhood, and children could
be struck by vehicles attempting to drive through the area since they cannot be seen when
they run out between parked vehicles.
Property Damage: Due to the angst of picking up their kids, a lot of vehicles are swerving into
resident’s driveways and/or make wild turns, and the residents do not want to take on the risk
of property damage.
ENGINEERING
SERVICES
Page 103
Item 12.
Page 2 of 2
Budget Impact:
The estimated cost for signs and poles is $900 and will be purchased from the Streets Department
FY2023 Adopted Budget (Account Number 100-5640-50-01).
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality.
Attached Documents:
1. Location Map
2. Petition Signed by Residents on Foxfield Court
3. Ordinance
Town Staff Recommendation:
Town Staff recommends that the Town Council adopt an ordinance establishing a no parking zone
on Foxfield Court.
Proposed Motion:
I move to adopt an ordinance establishing a no parking zone on Foxfield Court.
Page 104
Item 12.
Location MapProposed No Parking Zone on Foxfield Court:7AM – 9AM2PM – 4PM School DaysPage 105Item 12.
Page 106
Item 12.
Page 107
Item 12.
Page 108
Item 12.
Page 109
Item 12.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING DIVISION 2, “NO-PARKING ZONES,” OF ARTICLE
12.05, “PARKING, STOPPING AND STANDING,” OF CHAPTER 12,
“TRAFFIC AND VEHICLES,” OF THE CODE OF ORDINANCES OF THE
TOWN OF PROSPER, TEXAS, BY ADDING A NEW SECTION 12.05.038,
“FOXFIELD COURT,” TO PROHIBIT PARKING ON FOXFIELD COURT;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas (“Town”), is a home-rule municipal corporation
duly organized under the laws of the State of Texas; and
WHEREAS, the Texas Transportation Code, as amended, provides that the governing
body of a municipality may adopt parking regulations; and
WHEREAS, the Town has investigated and determined that a no-parking zone on Foxfield
Court, as more fully described herein, is both warranted and prudent, and it is the desire of the
Town to adopt the following regulations related thereto.
NOW, THEREFORE, BE IT ORDAINED 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 Ordinance as if fully set
forth herein.
SECTION 2
Existing Division 2, “No-Parking Zones,” of Article 12.05, “Parking, Stopping and
Standing,” of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances is hereby amended
by adding a new Section 12.05.038, “Foxfield Court,” to read as follows:
“ARTICLE 12.05 PARKING, STOPPING AND STANDING
* * *
Division 2. No-Parking Zones
* * *
Sec. 12.05.038 Foxfield Court
There shall be no parking on both sides of Foxfield Court, a distance of approximately six-hundred
feet (600’), from 7:00 a.m. until 9:00 a.m. and from 2:00 p.m. until 4:00 p.m. on school days. A
person commits an offense by violating any provision of this section.”
Page 110
Item 12.
Ordinance No. 2023-__, Page 2
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting
ordinances shall remain in full force and effect.
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason,
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town of 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.
SECTION 5
Any person, firm or corporation violating any of the provisions or terms of this Ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to
exceed the sum of five hundred dollars ($500.00) for each offense.
SECTION 6
This Ordinance shall become effective after its passage and publication, as required by
law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 28TH DAY OF MARCH, 2023.
APPROVED:
___________________________________
David F. Bristol, Mayor
ATTEST:
____________________________________
Michell Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_____________________________________
Terrence S. Welch, Town Attorney
Page 111
Item 12.
Page 1 of 2
To: Mayor and Town Council
From: Brady Cudd, Building Official
Through: Mario Canizares, Town Manager
Charles Ewings, Executive Director of Development and Infrastructure
Services
Re: Special Purpose Sign District for Gates of Prosper, Phase 2 and Phase 3
Town Council Meeting – March 28, 2023
Agenda Item:
Consider and act upon an ordinance adopting a Special Purpose Sign District for the Gates of
Prosper, Phase 2 and Phase 3, on 52.1± acres, located on the northwest corner of US 380 and
Preston Road. (MISC-23-0001).
Description of Agenda Item:
As defined in the Sign Ordinance, a Special Purpose Sign District (SPSD) is an overlay district
that allows an applicant the option of designating an area where signs may deviate from the
underlying sign code regulations. Town Council has the authority to approve, conditionally
approve, or deny requests for Special Purpose Sign Districts.
The applicant has two requests. The first is to allow for unified development signs, monument
signs, and identity signs in Phase 2 and Phase 3 of Gates of Prosper (west of Preston Road) that
are consistent with existing signage in Gates of Prosper Phase 1 (east of Preston Road) and the
signage that has been installed to date in Gates of Prosper, Phase 2. Signage in Gates of Prosper,
Phase 1, was originally approved as SPSD-4 by Council on March 22nd, 2016. Certain signage in
Gates of Prosper, Phase 2, was approved by Town Council on February 25th, 2020, via sign waiver
(MD20-0001). The second request is to permit six wall signs to exceed the maximum height
requirement.
The attached Sign Coordination Plan (Exhibit B) show the extent of the proposed SPSD while the
Sign Schedule (Exhibit D) identifies deviations from Sign Ordinance for each type of proposed
sign. In general, the proposed monument and development signs are slightly larger than what is
allowed per ordinance as the method in which the applicant measured the area differs from that
required by ordinance. Additionally, proposed monument and unified development signs lack
masonry borders around the entirety of the signs as required by ordinance. All proposed
monument, unified development, and identity signs are found to generally conform to signage
previously approved in the overall development.
The attached Elevations and Details (Signs C1-A – C1-F as shown on Exhibit C-24) shows the
elevations and details of the proposed wall signs. The proposed SPSD will allow for an increase
DEVELOPMENT SERVICES
Page 112
Item 13.
Page 2 of 2
in height for six signs with a maximum variance of approximately seven and a half feet for one of
the signs. Additionally, one of the signs will project approximately two feet above the top of the
parapet wall. The applicant’s basis for the request is to allow for wall signage that is more
proportional in size to the scale of the building. Due to the magnitude of the development and the
fact that the applicant is not requesting a variance to the maximum height of the unified
development signs, the request for six taller wall signs appears to be appropriate.
Budget Impact:
There is no budgetary impact affiliated with this item.
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. Ordinance
2. Exhibit A – Statement of Purpose and Intent
3. Exhibit B – Sign Coordination Plan
4. Exhibit C – Elevations and Details
5. Exhibit D – Sign Schedule
Town Staff Recommendation:
Town staff recommends that the Town Council approve an ordinance adopting a Special Purpose
Sign District for the Gates of Prosper, Phase 2 and Phase 3, on 52.1± acres, located on the
northwest corner of US 380 and Preston Road.
Proposed Motion:
I move to approve (conditionally approve, deny) an ordinance adopting a Special Purpose Sign
District for the Gates of Prosper, Phase 2 and Phase 3, on 52.1± acres, located on the northwest
corner of US 380 and Preston Road.
Page 113
Item 13.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-XX
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ADOPTING AND
APPROVING A SPECIAL PURPOSE SIGN DISTRICT, PURSUANT TO
SECTION 3.14.015 OF THE TOWN’S CODE OF ORDINANCES, AS AMENDED,
FOR 52.114 ACRES OF LAND, MORE OR LESS, COMMONLY KNOWN AS
THE GATES OF PROSPER, PHASE 2 AND PHASE 3; MAKING FINDINGS;
PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING REPEALING, SAVING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, Section 3.14.015 of the Town’s Code of Ordinances, as amended, provides
for the approval by the Town Council of the Town of Prosper, Texas (the “Town Council”), of a
special district that exclusively addresses sign regulations; and
WHEREAS, the special district, if approved by the Town Council, is designated a Special
Purpose Sign District (“SPSD”), and in general, the purposes of an SPSD are to (1) promote
consistency among signs within a development, thus creating visual harmony between signs,
buildings, and other components of the property; (2) enhance the compatibility of signs with the
architectural and site design features within a development; (3) encourage signage that is in
character with planned and existing uses, thus creating a unique sense of place; and (4)
encourage multi-tenant commercial uses to develop a unique set of sign regulations in conjunction
with development standards; and
WHEREAS, an application has been submitted to the Town for an SPSD for 52.114 acres
of land, more or less (“the Property”), commonly known as The Gates of Prosper, Phase 2 and
Phase 3, generally located on the northwest corner of U.S. Highway 380 and Preston Road in the
Town; and
WHEREAS, the proposed SPSD consists of signage for The Gates of Prosper, Phase 2
and Phase 3, which is generally consistent with the SPSD previously approved for Gates of
Prosper, Phase 1, east of Preston Road; and
WHEREAS, the Town Council has further investigated and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to adopt an SPSD on the
aforementioned property, subject to the terms and conditions as set forth herein.
NOW, THEREFORE, BE IT ORDAINED 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 Ordinance as if fully set
forth herein.
SECTION 2
There is hereby created and approved a Special Purpose Sign District on the Property.
All signage on the Property, more particularly described in Exhibit B, attached hereto and
incorporated herein for all purposes as if set forth verbatim, shall be subject the Sign Coordination
Page 114
Item 13.
Ordinance No. 2023- , Page 2
Plan, also attached hereto as part of Exhibit B, to the Statement of Intent and Purpose, attached
hereto as Exhibit A and incorporated by reference, the detailed elevations, attached hereto as
Exhibits C-1 through C-32, and the Sign Schedule, attached hereto as Exhibit D and incorporated
by reference. Any signage not specifically addressed in the attachments to this Special Purpose
Sign District Ordinance shall comply with the Town’s Sign Ordinance, contained in Article 3.14,
“Signs,” of Chapter 3, “Building Regulations,” of the Town’s Code of Ordinances, as amended.
SECTION 3
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
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 signage that is not in conformity with this
Ordinance.
SECTION 5
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Five
Hundred ($500.00). Each continuing day’s violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude the
Town from filing suit to enjoin the violation. The Town retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 6
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, c lauses
and phrases be declared unconstitutional or invalid.
SECTION 7
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
This Ordinance shall become effective from and after its adoption and publication, as
required by law.
Page 115
Item 13.
Ordinance No. 2023- , Page 3
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF MARCH, 2023.
___________________________________
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 116
Item 13.
2THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
EXHIBIT A / STATEMENT OF INTENT AND PURPOSE
This request of the SPECIAL PURPOSE SIGN DISTRICT (SPSD) is to
maintain the quality and graphic environment that has been designated for
the signage previously approved within the SPSD - 4 : Gates of Prosper
- East of Preston Road. The intent is to create signage that complies with
the established designs for the unified, multi-tenant and single tenant free
standing signs of SPSD - 4. The following exhibits will also show proposed
building signage locations for the tenants within the proposed SPSD.
We are requesting an SPSD for the Gates of Prosper West of Preston Road,
Phase 2 & Phase 3 to allow for the construction of the following deviations
PROPOSED DEVIATIONS
1. Maximum number of signs.
- Deviation Per Sec. 3.14.012; (N); (v); (a) One per street frontage of the unified
development zone (UDZ)
PHASE 3:
• LOT 1.67 AC: Requesting 1 additional monument sign; SIGN 23
• LOT 2.06 AC: Requesting 1 additional monument sign; SIGN 25
• LOT 11.07 AC: Requesting 1 additional monument sign; SIGN 34
• LOT 16.10 AC: Requesting 1 additional monument sign; SIGN 37
2. Larger than code allowance signage for the Target wall signs.
- Deviation Per Sec. 3.14.012; (I); (iii), Maximum Height
REFER TO EXHIBIT C-24
C1-A - Allowed 8’ per code; Requesting 13’-0”
C1-C - Allowed 8’ per code; Requesting 15’-6 3/8”
C1-D - Allowed 8’ per code; Requesting 8’-1”
C1-E - Allowed 8’ per code; Requesting 8’-1”
C1-E - Allowed 8’ per code; Requesting 12’-0”
C1-F - Allowed 8’ per code; Requesting 12’-0”
- Requesting sign to project above parapet.
3. Masonry Border.
-The Sign Ordinance requires Unified Development Signs and Monument
Signs to contain a minimum one-foot (1’) masonry with mortar border around
all sides of signage.
-Deviation was previously approved for Phase 2 in order to allow for signage
consistent with existing signage located on the east side of Preston Road in
Gates of Propser, Phase 1.
Per MD20-0001:
• Signs 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 12, and 15 have been previously approved.
• Signs 13, 14, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35, 36, and
37 are seeking approval.
4. Signage Area.
-The Sign Ordinance requires 20’ Unified Development Signs to not exceed
a signage area of 240 SF and Monument Signs to not exceed a signage area
of 64 SF
REFER TO EXHIBIT C-2
20’ Unified Development Sign (Type B) exceeds 240 SF maximum allowed
per ordinance.
• Existing sign built on HW 380.
• Sign 29 seeking approval.
REFER TO EXHIBIT C-3
Monument Sign (Type C) exceeds 64 SF maximum allowed per ordinance.
Per MD20-0001:
• Signs 04, 05, 06, 07, 09, and 10 have been previously approved.
• Signs 13, 14, 16, 17, 18, 19, 21, 23, 24, 25, 27, 28, 30, 32, 33, 34, 35, and 37 are
seeking approval.
Page 117
Item 13.
3THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
EXHIBIT B / Sign Coordination Plan
2.53 AC PRESTON ROADLOVERS LANE
RICHAND DRIVE
RETENTION POND
16.1 AC
4.42 AC
1.70 AC
16,375 SF
25,000 SF
MULTI-FAMILY UNITS
136,100 SF
11.04 AC NET
1.75 AC
2.19 AC
6,300
7,500
P
PP
PWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
451680.170BENCH MARK S
6123673.480BENCH MARK S
6124716.760BENCH MARK S
U
S
S
S
S
S
U
G
U
G
S
S
S
W
W WWWWWWWWWWW5386668.070FIRE HYDRANT
5315719.600FIRE HYDRANT
S
F
F
FF
11250642.739SAN. SEWER MANHOLE
YIELDYIELDYIELDYIELDW
W
ONLYONLYTMULTI-FAMILY UNITS
PARK
120'178'120'200'70'1.5
8
A
C240'223'
120'129'-10"195'-7"90'-1"EF
H
B4 B5 C
A2
A1
D
G120'80'110'90'110'B1 B2 B3
5.29 AC80'244'85'147'B6
60'100'1.4
1
A
C
2.0
7
A
C
1.9
2
A
C
1.
1
8
A
C
1.86 AC
2.68 AC
1.66 AC NET
2.33 AC NET
2.40 AC
M
J
K
N
O
P
4.49 AC
4.62 AC
19.87 AC
I
L
Q/R XXXXXXXXXX
X X X X
2.78 AC
F 3332669.070UG FIBER OPTIC MARKER
5389668.070FIRE HYDRANT
F 3331669.070UG FIBER OPTIC MARKER
5386668.070FIRE HYDRANT
31,765 SF
167'131'25,000 SF
131'100'7,000SF135'25,000 SF 100'15,000 SF
1.76 AC
1.67 AC
2.06 AC
12.7 AC 9,600 SF10,800 SF2,500 SF
U.S. HIGHWAY 380
Frisco, TX
Gates of Prosper
1"=300'-0"
SP-499-Phase II & III
Date: 01.26.23
SPSD - 4
Gates of Prosper
East of Preston
Not part of SPSD
O**
01 02
03
04
05
06
07
08
09
10
11
1213
15
16
NORTH
18 19
20
21
23
24
25
26
27
28
29
30
31
32 33 34 35
36
37
Per currently adopted Sign Ordinance:
1. One (1) sign per street frontage of the UDZ
2. 75’ separation between signs of single or multi tenant or unified development sign
within an adjacent UDZ.
3. 750’ per street frontage, from an additional unified development sign within the
same UDZ.
PHASE 3
TYPE A @ 12’-0”
- UNIFIED DEVELOPMENT
MONUMENT SIGN
Total Proposed Signs: 9
PHASE 2: 01, 02*, 03*, 08*, 12*, 15*
PHASE 3: 22, 26, 36
*Existing
Total Proposed Signs: 1
PHASE 3: 29
Total Proposed Signs: 25
PHASE 2: 04, 05*, 06, 07*, 09*, 10*, 13, 14, 16, 17
PHASE 3: 18, 19, 21, 23, 24, 25, 27, 28, 30, 31,
32, 33, 34, 35, 37
*Existing
Total Proposed Signs: 2
PHASE 2: 11*
PHASE 3: 20*
*Existing
TYPE B @ 20’-0”
- UNIFIED DEVELOPMENT
MONUMENT SIGN
TYPE C @ 8’-0”
- MONUMENT SIGN
TYPE D @ 5’-0”
- DEVELOPMENT IDENTITY
“GATES OF PROSPER” SIGN
PHASE 2 LINE OF UNIFIED SIGN DEVELOPMENT
LINE OF UNIFIED SIGN DEVELOPMENT
PHASE 2
PHASE 3
LINE OF UNIFIED SIGN DEVELOPMENT
LEGENDDISTANCES
22
01 - 02 02 - 03 03 - 04 04 - 05 05 - 06 06 - 07 07 - 08 08 - 09 09 - 10 10 - 11 11 - 12 12 - 13 13 - 14 14 - 15 15 - 16 16 - 17 17 - 01 15 - 01
PHASE 2 750'896'181'137'95'200'87'75'336'158'418'681'300'465'83'258'300'785'
18 - 19 19 - 20 20 - 21 21 - 22 22 - 23 23 - 24 24 - 25 25 - 26 26 - 27 27 - 28 28 - 29 29 - 30 30 - 31 31 - 32 32 - 33 33 - 34 34 - 35 35 - 36 36 - 37 37 - 18
PHASE 3 76'670'270'149'290'243'203'229'75'805'150'1178'602'611'75'524'145'696'76'566'
14
17
Page 118
Item 13.
4THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
EXHIBIT B / Metes and Bounds
PROPERTY DESCRIPTION
52.114 Acres
BEING a tract of land situated in the Collin County School Land No. 12 Survey, Abstract No.
147, and the Ben Renison Survey, Abstract No. 755 County, Texas, Town of Prosper, Collin
County, Texas, and being all of Gates of Prosper, Phase 2, Block A, Lots 1-14, an Addition to
the Town of Prosper, Collin County, Texas, according to the Final Plat thereof recorded in
Volume 2020, Page 560 of the Plat Records of Collin County, Texas, all of Gates of prosper,
Phase 2, Block A, Lot 7R, an Addition to the Town of Prosper, Collin County, Texas, according
to the Replat thereof recorded in Volume 2020, Page 260 of the Plat records of Collin County,
Texas, and being all of Gates of Prosper, Phase 2. Block A, Lots 2, 3, & 14, an Addition to the
Town of Prosper, Collin County, Texas, according to the Replat thereof recorded in Volume
2021, Page 94 of the Plat Records of Collin County, Texas, and being more particularly
described as follows:
BEGINNING at a 5/8 inch iron rod with plastic cap stamped “KHA” set for the north end of a
corner clip at the intersection of the easterly right-of-way line of South Coleman Street, a
variable width right-of-way, with the southerly right-of-way line of Lovers Lane, a variable width
right-of-way, both as created in the Gates of Prosper, Phase 2, Block A, Lot 1, an Addition to the
Town of Prosper, according to the Conveyance Plat thereof recorded in Volume 2019, Page 252
of the Map Records of Collin County, Texas, same being the northerly northwest corner of said
Gates of Prosper, Phase 2, Block A, Lots 1-14;
THENCE along the southerly right-of-way line of said Lovers Lane, the northerly line of said
Gates of Prosper, Phase 2, Block A, Lots 1-14 and t he northerly line of said Gates of Prosper,
Phase 2, Block A, Lots 2, 3, & 14, the following courses and distances:
North 90°00'00" East, a distance of 150.00 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” set for corner;
North 86°11'09" East, a distance of 150.33 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” set for corner;
North 90°00'00" East, a distance of 923.53 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” set at the beginning of a tangent cur ve to the right with a radius of
805.00 feet, a central angle of 34°09'35", and a chord bearing and distance of South
72°55'13" East, 472.86 feet;
In a southeasterly direction, with said tangent curve to the right, an arc distance of
479.94 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner;
South 55°50'25" East, a distance of 56.69 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” set for corner;
South 52°01'34" East, along said corner clip, a distance of 150.33 feet to a point for
corner;
South 55°50'25" East, a distance of 112.94 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” set at the north of a corner clip at the intersection of the southerly right-
of-way line of said Lovers Lane with the westerly right-of-way line of State Highway 289
(Preston Road), as dedicated in a Deed to the State of Texas, recorded in Instrument
No. 20110818000872270 of the Official Public Records of Collin County, Texas, same
being the northerly northeast corner of said Gates of Prosper, Phase 2, Block A, Lots 2,
3, & 14;
THENCE South 13°11'56" East, departing the southerly right-of-way line of said Lovers Lane,
along the northerly line of said Gates of Prosper, Phase 2, Block A, Lots 2, 3, &14 and along
said corner clip, a distance of 36.78 feet to a 5/8 inch iron rod with plastic cap stamped “KHA”
set for the south end of said corner clip, same being the easterly northeast corner of said Gates
of Prosper, Phase 2, Block A, Lots 2, 3, & 14, same also being on the westerly right-of-way line
of said State Highway 289 (Preston Road);
THENCE along the westerly right-of-way line of said State Highway 289 (Preston Road), The
easterly line of said Gates of prosper, Phase 2, Block A, Lots 2, 3, & 14, and along the easterly
line of said Gates of prosper, Phase 2, Block A, Lots 1-14, the following courses and distances:
South 29°26'34" West, a distance of 146.91 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” set for corner;
South 35°04'16" West, a distance of 385.16 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” set for corner;
South 33°38'20" West, a distance of 300.00 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” set for corner;
South 30°18'02" West, a distance of 324.41 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” set for corner;
South 33°39'32" West, a distance of 189.85 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” set for the east end of a corner clip at the intersection of the westerly
right-of-way line of said State Highway 289 (Preston Road) with the northerly right-of-
way line of Richard Boulevard, a Variable width right-of-way, as created in said Gates of
Prosper, Block A, Lot 1, same being the easterly southeast corner of said Gates of
Prosper, Phase 2, Block A, Lots 1-14;
THENCE South 78°54'33" West, departing the westerly right-of-way line of said State Highway
289 (Preston Road), along the easterly line of said Gates of Prosper, Phase 2, Block A, Lots 1-
14 and along said corner clip, a distance of 35.20 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” set for the west end of said corner clip, same being the southerly southeast
corner of said Gates of Prosper, Phase 2, Block A, Lots 1-14, same also being on the northerly
right-of-way line of said Richard Boulevard;
Page 119
Item 13.
5THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
EXHIBIT B / Metes and Bounds
THENCE along the northerly right-of-way line of said Richard Boulevard, the southerly line of
said Gates of Prosper, Phase 2, Block A, Lots 1-14, and along the southerly line of said Gates
of Prosper, Phase 2, Block A, Lot 7R, the following courses and distances:
North 55°50'25" West, a distance of 61.66 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” set at the beginning of a tangent cur ve to the left with a radius of 905.00
feet, a central angle of 04°00'12", and a chord bearing and distance of North 57°50'31"
West, 63.22 feet;
In a northwesterly direction, with said tangent curve to the left, an arc distance of 63.24
feet to a point for corner;
North 68°25'22" West, a distance of 150.00 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” set at the beginning of a non-tangent curve to the left with a radius of
895.00 feet, a central angle of 20°37'01", and a chord bearing and distance of North
79°41'29" West, 320.32 feet;
In a northwesterly direction, with said non-tangent curve to the left, an arc distance of
322.05 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner;
North 90°00'00" West, a distance of 431.35 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” set at the beginning of a tangent cur ve to the left with a radius of 546.00
feet, a central angle of 06°58'57", and a chord bearing and distance of South 86°30'31"
West, 66.50 feet;
In a southwesterly direction, with said tangent curve to the left, an arc distance of 66.54
feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner;
South 83°01'03" West, a distance of 35.50 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” set at the beginning of a tangent cur ve to the right with a radius of 83.00
feet, a central angle of 35°41'21", and a chord bearing and distance of North 79°08'17"
West, 50.87 feet;
In a northwesterly direction, with said tangent curve to the right, an arc distance of 51.70
feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for a corner at the
intersection of the northerly right-of-way line of said Richland Boulevard with the easterly
right-of-way line of aforesaid South Coleman Street , same also being at the
southwesterly corner of said Gates of Prosper, Phase 2, Block A, Lots 1-14;
THENCE along the easterly right-of-way line of said South Coleman Street and along the
westerly line of said Gates of prosper, Phase 2, Block A, Lots 1-14, the following courses and
distances:
North 61°17'36" West, a distance of 36.82 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” set at the beginning of a tangent cur ve to the right with a radius of 38.00
feet, a central angle of 39°59'13", and a chord bearing and distance of North 41°18'00"
West, 25.99 feet;
In a northwesterly direction, with said tangent curve to the right, an arc distance of 26.52
feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set at the beginning of a
compound curve to the right with a radius of 338.00 feet, a central angle of 21°18'24",
and a chord bearing and distance of North 10°39'12" West, 124.97 feet;
In a northwesterly direction, with said compound curve to the right, an arc distance of
125.69 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner;
North 00°00'00" East, a distance of 848.25 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” set for corner;
North 03°48'51" East, a distance of 150.33 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” set for corner;
North 00°00'00" East, a distance of 125.00 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” set for the south corner of aforesaid corner clip at the intersection of the
easterly right-of-way line of said South Coleman Street with the southerly right-of-way
line of said Lovers Lane, same also being the westerly northwest corner of said Gates of
prosper, Phase 2, Block A, Lots 1-14;
THENCE North 45°00'00" East, departing the easterly right -of-way line of said South Coleman
Street, along the easterly line of said Gates of Prosper, Phase 2, Block A, lots 1-14, and along
said corner clip, a distance of 35.36 feet; to the POINT OF BEGINNING and containing 52.114
acres (2,270,076 square feet) of land, more or less.
PROPERTY DESCRIPTION
BLOCK B, LOT 1
BEING a tract of land situated in the Ben Renison (Rennison) Survey, Abstract No. 755, Town
of Prosper, Collin County, Texas, and being all of Block B, Lot 1 of Gates of Prosper, Phase 2,
Block B, Lot 1, and Addition to the Town of Prosper, Collin County, Texas, according to the
Final Plat thereof recorded in Volume 2021, Page 92 of the Plat Records of Collin County,
Texas, and being more particularly described as follows:
Page 120
Item 13.
6THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
EXHIBIT B / Metes and Bounds
PROPERTY DESCRIPTION
32.875 Acres
BEING a tract of land situated in the John Yarnel Survey, Abstract No. 1038 and the Ben
Renison Survey, Abstract No. 755, Town of Prosper, Collin County, Texas, and being a portion
of Lot 2, Block B of Gates of Prosper, Phase 2, Block B, Lot 2 & Block C, Lot 1, an Addition to
the Town of Prosper, Collin County, Texas, according to the revised Conveyance Plat thereof
recorded in Volume 2022, Page 755 of the Plat Recor ds of Collin County, Texas, and being
more particularly described as follows:
BEGINNING at a 5/8 inch iron rod with plastic cap stamped “KHA” found at the intersection of
the northwesterly right-of-way line of State Highway No. 289 (also known as Preston
Road)(variable width right-of-way) with the northerly right-of-way line of U.S. Highway No. 380
(also known as University Drive)(variable width right-of-way), same being the southerly
southeast corner of said Lot 2;
THENCE South 89°12'09" West, along the northerly right-of-way line of said U.S. Highway No.
380 and along the southerly line of said Lot 2, a distance of 102.62 feet to a point at the
beginning of a non-tangent curve to the left with a radius of 233.10 feet, a central angle of
11°42'36", and a chord bearing and distance of Nort h 85°16'11" West, 47.56 feet;
THENCE departing the northerly right-of-way line of said U.S. Highway No. 380 and the
southerly line of said Lot 2, crossing said Lot 2, the following courses and distances:
In a northwesterly direction, with said non-tangent curve to the left, an arc distance of
47.64 feet to a point for corner;
South 89°11'05" West, a distance of 219.97 feet to a point for corner;
North 45°24'28" West, a distance of 35.10 feet to a point for corner;
North 00°00'00" East, a distance of 540.55 feet to a point at the beginning of a tangent
curve to the left with a radius of 695.00 feet, a central angle of 00°46'22", and a chord
bearing and distance of North 00°23'11" West, 9.37 feet;
In a northwesterly direction, with said tangent curve to the left, an arc distance of 9.37
feet to a point for corner;
North 01°22'45" West, a distance of 149.48 feet to a point for corner;
North 06°35'33" West, a distance of 125.00 feet to a point for corner;
North 35°37'22" East, a distance of 37.03 feet to a point at the beginning of a non-
tangent curve to the left with a radius of 695.00 feet, a central angle of 76°48'27", and a
chord bearing and distance of North 38°24'14" East, 863.47 feet;
In a westerly direction, with said non-tangent curve to the left, an arc distance of 931.68
feet to a point for corner;
THENCE North 00°00'00" East, continuing across said Lot 2, a distance of 67.89 feet to a 5/8
inch iron rod with plastic cap stamped “KHA” found for corner on the northerly line of said Lot 2,
being on the easterly right-of-way line of South Coleman Street, a variable width right-of-way, as
created in the Gates of Prosper, Phase 2, Block A, Lot 1, an Addition to the Town of Prosper,
according to the Conveyance Plat thereof recorded in Volume 2019, Page 252 of the Map
Records of Collin County, Texas, same being at the beginning of a tangent curve to the left with
a radius of 546.00 feet, a central angle of 06°58'57", and a chord bearing and distance of North
03°29'29" West, 66.50 feet;
THENCE in a westerly direction, along the northerly line of said Lot 2 and along the easterly
right-of-way line of said South Coleman Street, with said tangent curve to the left, an arc
distance of 66.54 feet to a 5/8 inch iron rod with plastic cap stamped KHA found for corner;
THENCE North 06°58'57" West, continuing along the northerly line of said Lot 2 and the
easterly right-of-way line of said South Coleman Street, a distance of 35.50 feet to a 5/8 inch
iron rod with plastic cap stamped “KHA” found at the beginning of a tangent curve to the right
with a radius of 83.00 feet, a central angle of 35°41'21", and a chord bearing and distance of
North 10°51'43" East, 50.87 feet;
THENCE in a northeasterly direction, continuing along the northerly line of said lot 2 and the
easterly right-of-way line of said South Coleman Street, with said tangent curve to the right, an
arc distance of 51.70 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” found at the
intersection of the easterly right-of-way line of said South Coleman Street with the southerly
right-of-way line of Richard Boulevard, a variable width right-of-way, as created in said Gates of
Prosper, Block A, Lot 1;
THENCE continuing along the northerly line of said Lot 2 and along the southerly right-of-way
line of said Richard Boulevard, the following courses and distances:
North 28°42'24" East, a distance of 36.82 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” found at the beginning of a tangent curve to the right with a radius of
38.00 feet, a central angle of 39°59'13", and a chord bearing and distance of North
48°42'00" East, 25.99 feet;
In a northeasterly direction, with said tangent curve to the right, an arc distance of 26.52
feet to a 5/8 inch iron rod with plastic cap stamped “KHA” found at the beginning of a
compound curve to the right with a radius of 338.00 feet, a central angle of 21°18'24",
and a chord bearing and distance of North 79°20'48" East, 124.97 feet;
In a northeasterly direction, with said compound curve to the right, an arc distance of
125.69 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” found for corner;
North 90°00'00" East, a distance of 494.22 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” found at the beginning of a tangent curve to the right with a radius of
Page 121
Item 13.
7THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
EXHIBIT B / Metes and Bounds
805.00 feet, a central angle of 03°19'52", and a chord bearing and distance of South
88°20'04" East, 46.80 feet;
In a southeasterly direction, with said tangent curve to the right, an arc distance of 46.80
feet to the northwest corner of Lot 1, Block B of Gates of Prosper, Phase 2, Block B, Lot
1, an Addition to the Town of Prosper, Collin County, Texas, according to the Final Plat
thereof recorded in Volume 2021, Page 92 of the Plat Records of Collin County, Texas,
common to a northeast corner of said Lot 2;
THENCE departing the southerly right-of-way line of said Richard Boulevard, along the easterly
line of said Lot 2 and along the westerly line of said Lot 1, the following courses and distances:
South 00°00'00" East, a distance of 27.94 feet to a point at the beginning of a non-
tangent curve to the right with a radius of 42.00 f eet, a central angle of 54°54'25", and a
chord bearing and distance of South 27°50'53" West, 38.73 feet;
In a southwesterly direction, with said non-tangent curve to the right, an arc distance of
40.25 feet to a point for corner the beginning of a reverse curve to the left with a radius
of 42.00 feet, a central angle of 55°17'38", and a chord bearing and distance of South
27°39'16" West, 38.98 feet;
In a southwesterly direction, with said reverse curve to the left, an arc distance of 40.53
feet to a point for corner;
South 00°00'00" West, a distance of 166.26 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” found for corner;
North 90°00'00" East, a distance of 18.65 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” found at the beginning of a non-tangent curve to the left with a radius of
632.50 feet, a central angle of 27°58'38", and a chord bearing and distance of South
22°38'40" East, 305.78 feet;
In a southeasterly direction, with said non-tangent curve to the left, an arc distance of
308.84 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” found for corner;
South 00°00'00" East, a distance of 30.75 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” found for the southwest corner of said Lot 1;
THENCE North 90°00'00" East, continuing along the easterly line of said Lot 2 and along the
southerly line of said Lot 1, a distance of 43.41 f eet to a 5/8 inch iron rod with plastic cap
stamped “KHA” found for corner;
THENCE South 52°46'40" East, continuing along the easterly line of said Lot 2 and the
southerly line of said Lot 1, a distance of 64.55 f eet to a 5/8 inch iron rod with plastic cap
stamped “KHA” found for the southeast corner of said Lot 1, being on the northwesterly right-of-
way line of state Highway 289 (Preston Road), as dedicated in a Deed to the State of Texas,
recorded in Instrument No. 20110818000872270 of the Official Public Records of Collin County,
Texas;
THENCE continuing along the easterly line of said Lot 2 and along the northwesterly right-of-
way line of said State Highway 289 (Preston Road), the following courses and distances:
South 37°09'28" West, a distance of 348.81 feet to a point for corner;
South 44°07'24" West, a distance of 418.54 feet to a point for corner;
North 60°08'40" West, a distance of 32.61 feet to a point for corner;
North 16°37'20" West, a distance of 93.29 feet to a 5/8 inch iron rod found for corner;
South 89°43'04" West, a distance of 59.48 feet to a 5/8 inch iron rod found for corner;
South 10°42'09" West, a distance of 261.71 feet to an aluminum TxDot right-of-way
monument found for corner;
South 42°38'30" West, a distance of 436.76 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” found for corner;
South 13°02'09" West, a distance of 142.64 feet to a 5/8 inch iron rod with plastic cap
stamped “KHA” found for corner;
South 51°12'09" West, a distance of 62.97 feet to the POINT OF BEGINNING and
containing 32.857 acres (1,431,263 square feet) of land, more or less.
Page 122
Item 13.
8THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
12’ UNIFIED DEVELOPMENT
MONUMENT SIGN - 120 SF MAX
TYPE A - UNIFIED DEVELOPMENT MONUMENT SIGN - 12’-0”
PROVIDED 9 SIGNS
Per code:
1. 15’ minimum setback required.
2. 24” minimum base required.
3. 1’ masonry with mortar border around all sides required.
Deviation from code:
1. Sign design does not meet 1’ masonry with mortar border around all sides.
Per MD20-0001:
1. Signs 01, 02, 03, 08, 12, and 15 have been previously approved.
2. Signs 22, 26, and 36 are seeking approval.
EXHIBIT C-1 / Elevations - Sign Details
Page 123
Item 13.
9THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
20’ UNIFIED DEVELOPMENT
MONUMENT SIGN - 120 SF MAX
Per code:
1. 15’ minimum setback required.
2. 24” minimum base required.
3. 1’ masonry with mortar border around all sides required.
Deviation from code:
1. Sign design does not meet 1’ masonry with mortar border around all sides.
2. Sign exceeds 240 SF maximum allowed per ordinance.
TYPE B - UNIFIED DEVELOPMENT MONUMENT SIGN - 20’-0”
PROVIDED 1 SIGNS
212 SF
EXHIBIT C-2 / Elevations - Sign Details
EXISTING SIGN ON HW 380
Page 124
Item 13.
10THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
SINGLE TENANT MONUMENT SIGN - 64 SF
TYPE C - MONUMENT SIGN
PROVIDED 25 SIGNS
Per code:
1. 15’ minimum setback required.
2. 24” minimum base required.
3. 1’ masonry with mortar border around all sides required.
Deviation from code:
1. Sign design does not meet 1’ masonry
with mortar border around all sides.
2. Sign exceeds 64 SF maximum allowed per ordinance.
Per MD20-0001:
1. Signs 04, 05, 06, 07, 09, and 10 have been
previously approved.
2. Signs 13, 14, 16, 17, 18, 19, 21, 23, 24, 25, 27, 28, 30, 31,
32, 33, 34, 35, and 37 are seeking approval.
TWO TENANT MONUMENT SIGN - 64 SF
FOUR TENANT MONUMENT SIGN - 64 SF
TYPICAL FOR ALL MONUMENT SIGNS - 64 SF
EXHIBIT C-3 / Elevations - Sign Details
Page 125
Item 13.
11THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
TYPE D - DEVELOPMENT IDENTITY “GATES OF PROSPER” SIGN - 5’-0”
PROVIDED 2 SIGNS
EXHIBIT C-4 / Elevations - Sign Details
SIGN 11 - EXISTING
SIGN 20 - EXISTING
Page 126
Item 13.
12THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
Per code, no deviations. No permit required for this type of sign.
For reference only.
TENANT
SUITE #
TENANT
SUITE #
TYPEFACE:
ARIAL
5’-0”
4”
2”
1.5”
EQ.EQ.
Sherwin Williams
SW7675 Sealskin
RGB: R-73, G-69, B-64
TYPICAL REAR ENTRY SIGN - N.T.S.TYPICAL REAR ENTRY LETTER DETAIL - N.T.S.
EXHIBIT C-5 / Elevations - Sign Details
Page 127
Item 13.
13THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
2.53 AC PRESTON ROADLOVERS LANE
RICHAND DRIVE
RETENTION POND
16.1 AC
4.42 AC
1.70 AC
16,375 SF
25,000 SF
MULTI-FAMILY UNITS
136,100 SF
11.04 AC NET
1.75 AC
2.19 AC
6,300
7,500
P
PP
PWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
451680.170BENCH MARK S
6123673.480BENCH MARK S
6124716.760BENCH MARK S
U
S
S
S
S
S
U
G
U
G
S
S
S
W WWWWWWWWWWWW5386668.070FIRE HYDRANT
5315719.600FIRE HYDRANT
S
F
F
FF
11250642.739SAN. SEWER MANHOLE
YIELDYIELDYIELDYIELDW
W
ONLYONLYTMULTI-FAMILY UNITS
PARK
120'178'120'200'70'1.5
8
A
C240'223'
120'129'-10"195'-7"90'-1"EF
H
B4 B5 C
A2
A1
D
G120'80'110'90'110'B1 B2 B3
5.29 AC80'244'85'147'B6
60'100'1.4
1
A
C
2.0
7
A
C
1.9
2
A
C
1.
1
8
A
C
1.86 AC
2.68 AC
1.66 AC NET
2.33 AC NET
2.40 AC
M
J
K
N
O
P
4.49 AC
4.62 AC
19.87 AC
I
L
Q/R XXXXXXXXXX
X X X X
2.78 AC
F 3332669.070UG FIBER OPTIC MARKER
5389668.070FIRE HYDRANT
F 3331669.070UG FIBER OPTIC MARKER
5386668.070FIRE HYDRANT
31,765 SF
167'131'25,000 SF
131'100'7,000SF135'25,000 SF 100'15,000 SF
1.76 AC
1.67 AC
2.06 AC
12.7 AC 9,600 SF10,800 SF2,500 SF
U.S. HIGHWAY 380
Frisco, TX
Gates of Prosper
1"=300'-0"
SP-499-Phase II & III
Date: 01.26.23
BUILDING A - EAST ELEVATION
BUILDING A - SOUTH ELEVATION
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
SITE PLAN - PHASE II
EXHIBIT C-6 / Elevations - Sign Details
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
Page 128
Item 13.
14THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
2.53 AC PRESTON ROADLOVERS LANE
RICHAND DRIVE
RETENTION POND
16.1 AC
4.42 AC
1.70 AC
16,375 SF
25,000 SF
MULTI-FAMILY UNITS
136,100 SF
11.04 AC NET
1.75 AC
2.19 AC
6,300
7,500
P
PP
PWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
451680.170BENCH MARK S
6123673.480BENCH MARK S
6124716.760BENCH MARK S
U
S
S
S
S
S
U
G
U
G
S
S
S
W WWWWWWWWWWWW5386668.070FIRE HYDRANT
5315719.600FIRE HYDRANT
S
F
F
FF
11250642.739SAN. SEWER MANHOLE
YIELDYIELDYIELDYIELDW
W
ONLYONLYTMULTI-FAMILY UNITS
PARK
120'178'120'200'70'1.5
8
A
C240'223'
120'129'-10"195'-7"90'-1"EF
H
B4 B5 C
A2
A1
D
G120'80'110'90'110'B1 B2 B3
5.29 AC80'244'85'147'B6
60'100'1.4
1
A
C
2.0
7
A
C
1.9
2
A
C
1.
1
8
A
C
1.86 AC
2.68 AC
1.66 AC NET
2.33 AC NET
2.40 AC
M
J
K
N
O
P
4.49 AC
4.62 AC
19.87 AC
I
L
Q/R XXXXXXXXXX
X X X X
2.78 AC
F 3332669.070UG FIBER OPTIC MARKER
5389668.070FIRE HYDRANT
F 3331669.070UG FIBER OPTIC MARKER
5386668.070FIRE HYDRANT
31,765 SF
167'131'25,000 SF
131'100'7,000SF135'25,000 SF 100'15,000 SF
1.76 AC
1.67 AC
2.06 AC
12.7 AC 9,600 SF10,800 SF2,500 SF
U.S. HIGHWAY 380
Frisco, TX
Gates of Prosper
1"=300'-0"
SP-499-Phase II & III
Date: 01.26.23
BUILDING A-1 - EAST ELEVATION
SITE PLAN - PHASE II
EXHIBIT C-7 / Elevations - Sign Details
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
Page 129
Item 13.
15THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
2.53 AC PRESTON ROADLOVERS LANE
RICHAND DRIVE
RETENTION POND
16.1 AC
4.42 AC
1.70 AC
16,375 SF
25,000 SF
MULTI-FAMILY UNITS
136,100 SF
11.04 AC NET
1.75 AC
2.19 AC
6,300
7,500
P
PP
PWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
451680.170BENCH MARK S
6123673.480BENCH MARK S
6124716.760BENCH MARK S
U
S
S
S
S
S
U
G
U
G
S
S
S
W WWWWWWWWWWWW5386668.070FIRE HYDRANT
5315719.600FIRE HYDRANT
S
F
F
FF
11250642.739SAN. SEWER MANHOLE
YIELDYIELDYIELDYIELDW
W
ONLYONLYTMULTI-FAMILY UNITS
PARK
120'178'120'200'70'1.5
8
A
C240'223'
120'129'-10"195'-7"90'-1"EF
H
B4 B5 C
A2
A1
D
G120'80'110'90'110'B1 B2 B3
5.29 AC80'244'85'147'B6
60'100'1.4
1
A
C
2.0
7
A
C
1.9
2
A
C
1.
1
8
A
C
1.86 AC
2.68 AC
1.66 AC NET
2.33 AC NET
2.40 AC
M
J
K
N
O
P
4.49 AC
4.62 AC
19.87 AC
I
L
Q/R XXXXXXXXXX
X X X X
2.78 AC
F 3332669.070UG FIBER OPTIC MARKER
5389668.070FIRE HYDRANT
F 3331669.070UG FIBER OPTIC MARKER
5386668.070FIRE HYDRANT
31,765 SF
167'131'25,000 SF
131'100'7,000SF135'25,000 SF 100'15,000 SF
1.76 AC
1.67 AC
2.06 AC
12.7 AC 9,600 SF10,800 SF2,500 SF
U.S. HIGHWAY 380
Frisco, TX
Gates of Prosper
1"=300'-0"
SP-499-Phase II & III
Date: 01.26.23
SITE PLAN - PHASE II
EXHIBIT C-8 / Elevations - Sign Details
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
BUILDING A-2 - EAST ELEVATION
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
Page 130
Item 13.
16THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
2.53 AC PRESTON ROADLOVERS LANE
RICHAND DRIVE
RETENTION POND
16.1 AC
4.42 AC
1.70 AC
16,375 SF
25,000 SF
MULTI-FAMILY UNITS
136,100 SF
11.04 AC NET
1.75 AC
2.19 AC
6,300
7,500
P
PP
PWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
451680.170BENCH MARK S
6123673.480BENCH MARK S
6124716.760BENCH MARK S
U
S
S
S
S
S
U
G
U
G
S
S
S
W WWWWWWWWWWWW5386668.070FIRE HYDRANT
5315719.600FIRE HYDRANT
S
F
F
FF
11250642.739SAN. SEWER MANHOLE
YIELDYIELDYIELDYIELDW
W
ONLYONLYTMULTI-FAMILY UNITS
PARK
120'178'120'200'70'1.5
8
A
C240'223'
120'129'-10"195'-7"90'-1"EF
H
B4 B5 C
A2
A1
D
G120'80'110'90'110'B1 B2 B3
5.29 AC80'244'85'147'B6
60'100'1.4
1
A
C
2.0
7
A
C
1.9
2
A
C
1.
1
8
A
C
1.86 AC
2.68 AC
1.66 AC NET
2.33 AC NET
2.40 AC
M
J
K
N
O
P
4.49 AC
4.62 AC
19.87 AC
I
L
Q/R XXXXXXXXXX
X X X X
2.78 AC
F 3332669.070UG FIBER OPTIC MARKER
5389668.070FIRE HYDRANT
F 3331669.070UG FIBER OPTIC MARKER
5386668.070FIRE HYDRANT
31,765 SF
167'131'25,000 SF
131'100'7,000SF135'25,000 SF 100'15,000 SF
1.76 AC
1.67 AC
2.06 AC
12.7 AC 9,600 SF10,800 SF2,500 SF
U.S. HIGHWAY 380
Frisco, TX
Gates of Prosper
1"=300'-0"
SP-499-Phase II & III
Date: 01.26.23
SITE PLAN - PHASE II
EXHIBIT C-9 / Elevations - Sign Details
BUILDING B-1 - SOUTH ELEVATION
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
Page 131
Item 13.
17THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
2.53 AC PRESTON ROADLOVERS LANE
RICHAND DRIVE
RETENTION POND
16.1 AC
4.42 AC
1.70 AC
16,375 SF
25,000 SF
MULTI-FAMILY UNITS
136,100 SF
11.04 AC NET
1.75 AC
2.19 AC
6,300
7,500
P
PP
PWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
451680.170BENCH MARK S
6123673.480BENCH MARK S
6124716.760BENCH MARK S
U
S
S
S
S
S
U
G
U
G
S
S
S
W WWWWWWWWWWWW5386668.070FIRE HYDRANT
5315719.600FIRE HYDRANT
S
F
F
FF
11250642.739SAN. SEWER MANHOLE
YIELDYIELDYIELDYIELDW
W
ONLYONLYTMULTI-FAMILY UNITS
PARK
120'178'120'200'70'1.5
8
A
C240'223'
120'129'-10"195'-7"90'-1"EF
H
B4 B5 C
A2
A1
D
G120'80'110'90'110'B1 B2 B3
5.29 AC80'244'85'147'B6
60'100'1.4
1
A
C
2.0
7
A
C
1.9
2
A
C
1.
1
8
A
C
1.86 AC
2.68 AC
1.66 AC NET
2.33 AC NET
2.40 AC
M
J
K
N
O
P
4.49 AC
4.62 AC
19.87 AC
I
L
Q/R XXXXXXXXXX
X X X X
2.78 AC
F 3332669.070UG FIBER OPTIC MARKER
5389668.070FIRE HYDRANT
F 3331669.070UG FIBER OPTIC MARKER
5386668.070FIRE HYDRANT
31,765 SF
167'131'25,000 SF
131'100'7,000SF135'25,000 SF 100'15,000 SF
1.76 AC
1.67 AC
2.06 AC
12.7 AC 9,600 SF10,800 SF2,500 SF
U.S. HIGHWAY 380
Frisco, TX
Gates of Prosper
1"=300'-0"
SP-499-Phase II & III
Date: 01.26.23
SITE PLAN - PHASE II
EXHIBIT C-10 / Elevations - Sign Details
BUILDING B-2 - SOUTH ELEVATION
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
Page 132
Item 13.
18THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
2.53 AC PRESTON ROADLOVERS LANE
RICHAND DRIVE
RETENTION POND
16.1 AC
4.42 AC
1.70 AC
16,375 SF
25,000 SF
MULTI-FAMILY UNITS
136,100 SF
11.04 AC NET
1.75 AC
2.19 AC
6,300
7,500
P
PP
PWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
451680.170BENCH MARK S
6123673.480BENCH MARK S
6124716.760BENCH MARK S
U
S
S
S
S
S
U
G
U
G
S
S
S
W WWWWWWWWWWWW5386668.070FIRE HYDRANT
5315719.600FIRE HYDRANT
S
F
F
FF
11250642.739SAN. SEWER MANHOLE
YIELDYIELDYIELDYIELDW
W
ONLYONLYTMULTI-FAMILY UNITS
PARK
120'178'120'200'70'1.5
8
A
C240'223'
120'129'-10"195'-7"90'-1"EF
H
B4 B5 C
A2
A1
D
G120'80'110'90'110'B1 B2 B3
5.29 AC80'244'85'147'B6
60'100'1.4
1
A
C
2.0
7
A
C
1.9
2
A
C
1.
1
8
A
C
1.86 AC
2.68 AC
1.66 AC NET
2.33 AC NET
2.40 AC
M
J
K
N
O
P
4.49 AC
4.62 AC
19.87 AC
I
L
Q/R XXXXXXXXXX
X X X X
2.78 AC
F 3332669.070UG FIBER OPTIC MARKER
5389668.070FIRE HYDRANT
F 3331669.070UG FIBER OPTIC MARKER
5386668.070FIRE HYDRANT
31,765 SF
167'131'25,000 SF
131'100'7,000SF135'25,000 SF 100'15,000 SF
1.76 AC
1.67 AC
2.06 AC
12.7 AC 9,600 SF10,800 SF2,500 SF
U.S. HIGHWAY 380
Frisco, TX
Gates of Prosper
1"=300'-0"
SP-499-Phase II & III
Date: 01.26.23
SITE PLAN - PHASE II
EXHIBIT C-11 / Elevations - Sign Details
BUILDING B-3 - SOUTH ELEVATION
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
Page 133
Item 13.
19THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
2.53 AC PRESTON ROADLOVERS LANE
RICHAND DRIVE
RETENTION POND
16.1 AC
4.42 AC
1.70 AC
16,375 SF
25,000 SF
MULTI-FAMILY UNITS
136,100 SF
11.04 AC NET
1.75 AC
2.19 AC
6,300
7,500
P
PP
PWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
451680.170BENCH MARK S
6123673.480BENCH MARK S
6124716.760BENCH MARK S
U
S
S
S
S
S
U
G
U
G
S
S
S
W WWWWWWWWWWWW5386668.070FIRE HYDRANT
5315719.600FIRE HYDRANT
S
F
F
FF
11250642.739SAN. SEWER MANHOLE
YIELDYIELDYIELDYIELDW
W
ONLYONLYTMULTI-FAMILY UNITS
PARK
120'178'120'200'70'1.5
8
A
C240'223'
120'129'-10"195'-7"90'-1"EF
H
B4 B5 C
A2
A1
D
G120'80'110'90'110'B1 B2 B3
5.29 AC80'244'85'147'B6
60'100'1.4
1
A
C
2.0
7
A
C
1.9
2
A
C
1.
1
8
A
C
1.86 AC
2.68 AC
1.66 AC NET
2.33 AC NET
2.40 AC
M
J
K
N
O
P
4.49 AC
4.62 AC
19.87 AC
I
L
Q/R XXXXXXXXXX
X X X X
2.78 AC
F 3332669.070UG FIBER OPTIC MARKER
5389668.070FIRE HYDRANT
F 3331669.070UG FIBER OPTIC MARKER
5386668.070FIRE HYDRANT
31,765 SF
167'131'25,000 SF
131'100'7,000SF135'25,000 SF 100'15,000 SF
1.76 AC
1.67 AC
2.06 AC
12.7 AC 9,600 SF10,800 SF2,500 SF
U.S. HIGHWAY 380
Frisco, TX
Gates of Prosper
1"=300'-0"
SP-499-Phase II & III
Date: 01.26.23
SITE PLAN - PHASE II
EXHIBIT C-12 / Elevations - Sign Details
BUILDING B-4 - SOUTH ELEVATION
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
Page 134
Item 13.
20THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
2.53 AC PRESTON ROADLOVERS LANE
RICHAND DRIVE
RETENTION POND
16.1 AC
4.42 AC
1.70 AC
16,375 SF
25,000 SF
MULTI-FAMILY UNITS
136,100 SF
11.04 AC NET
1.75 AC
2.19 AC
6,300
7,500
P
PP
PWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
451680.170BENCH MARK S
6123673.480BENCH MARK S
6124716.760BENCH MARK S
U
S
S
S
S
S
U
G
U
G
S
S
S
W WWWWWWWWWWWW5386668.070FIRE HYDRANT
5315719.600FIRE HYDRANT
S
F
F
FF
11250642.739SAN. SEWER MANHOLE
YIELDYIELDYIELDYIELDW
W
ONLYONLYTMULTI-FAMILY UNITS
PARK
120'178'120'200'70'1.5
8
A
C240'223'
120'129'-10"195'-7"90'-1"EF
H
B4 B5 C
A2
A1
D
G120'80'110'90'110'B1 B2 B3
5.29 AC80'244'85'147'B6
60'100'1.4
1
A
C
2.0
7
A
C
1.9
2
A
C
1.
1
8
A
C
1.86 AC
2.68 AC
1.66 AC NET
2.33 AC NET
2.40 AC
M
J
K
N
O
P
4.49 AC
4.62 AC
19.87 AC
I
L
Q/R XXXXXXXXXX
X X X X
2.78 AC
F 3332669.070UG FIBER OPTIC MARKER
5389668.070FIRE HYDRANT
F 3331669.070UG FIBER OPTIC MARKER
5386668.070FIRE HYDRANT
31,765 SF
167'131'25,000 SF
131'100'7,000SF135'25,000 SF 100'15,000 SF
1.76 AC
1.67 AC
2.06 AC
12.7 AC 9,600 SF10,800 SF2,500 SF
U.S. HIGHWAY 380
Frisco, TX
Gates of Prosper
1"=300'-0"
SP-499-Phase II & III
Date: 01.26.23
SITE PLAN - PHASE II
EXHIBIT C-13 / Elevations - Sign Details
BUILDING B-5 - SOUTH ELEVATION
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
Page 135
Item 13.
21THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
2.53 AC PRESTON ROADLOVERS LANE
RICHAND DRIVE
RETENTION POND
16.1 AC
4.42 AC
1.70 AC
16,375 SF
25,000 SF
MULTI-FAMILY UNITS
136,100 SF
11.04 AC NET
1.75 AC
2.19 AC
6,300
7,500
P
PP
PWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
451680.170BENCH MARK S
6123673.480BENCH MARK S
6124716.760BENCH MARK S
U
S
S
S
S
S
U
G
U
G
S
S
S
W WWWWWWWWWWWW5386668.070FIRE HYDRANT
5315719.600FIRE HYDRANT
S
F
F
FF
11250642.739SAN. SEWER MANHOLE
YIELDYIELDYIELDYIELDW
W
ONLYONLYTMULTI-FAMILY UNITS
PARK
120'178'120'200'70'1.5
8
A
C240'223'
120'129'-10"195'-7"90'-1"EF
H
B4 B5 C
A2
A1
D
G120'80'110'90'110'B1 B2 B3
5.29 AC80'244'85'147'B6
60'100'1.4
1
A
C
2.0
7
A
C
1.9
2
A
C
1.
1
8
A
C
1.86 AC
2.68 AC
1.66 AC NET
2.33 AC NET
2.40 AC
M
J
K
N
O
P
4.49 AC
4.62 AC
19.87 AC
I
L
Q/R XXXXXXXXXX
X X X X
2.78 AC
F 3332669.070UG FIBER OPTIC MARKER
5389668.070FIRE HYDRANT
F 3331669.070UG FIBER OPTIC MARKER
5386668.070FIRE HYDRANT
31,765 SF
167'131'25,000 SF
131'100'7,000SF135'25,000 SF 100'15,000 SF
1.76 AC
1.67 AC
2.06 AC
12.7 AC 9,600 SF10,800 SF2,500 SF
U.S. HIGHWAY 380
Frisco, TX
Gates of Prosper
1"=300'-0"
SP-499-Phase II & III
Date: 01.26.23
SITE PLAN - PHASE II
EXHIBIT C-14 / Elevations - Sign Details
BUILDING B-6 - SOUTH ELEVATION
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
Page 136
Item 13.
22THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
2.53 AC PRESTON ROADLOVERS LANE
RICHAND DRIVE
RETENTION POND
16.1 AC
4.42 AC
1.70 AC
16,375 SF
25,000 SF
MULTI-FAMILY UNITS
136,100 SF
11.04 AC NET
1.75 AC
2.19 AC
6,300
7,500
P
PP
PWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
451680.170BENCH MARK S
6123673.480BENCH MARK S
6124716.760BENCH MARK S
U
S
S
S
S
S
U
G
U
G
S
S
S
W WWWWWWWWWWWW5386668.070FIRE HYDRANT
5315719.600FIRE HYDRANT
S
F
F
FF
11250642.739SAN. SEWER MANHOLE
YIELDYIELDYIELDYIELDW
W
ONLYONLYTMULTI-FAMILY UNITS
PARK
120'178'120'200'70'1.5
8
A
C240'223'
120'129'-10"195'-7"90'-1"EF
H
B4 B5 C
A2
A1
D
G120'80'110'90'110'B1 B2 B3
5.29 AC80'244'85'147'B6
60'100'1.4
1
A
C
2.0
7
A
C
1.9
2
A
C
1.
1
8
A
C
1.86 AC
2.68 AC
1.66 AC NET
2.33 AC NET
2.40 AC
M
J
K
N
O
P
4.49 AC
4.62 AC
19.87 AC
I
L
Q/R XXXXXXXXXX
X X X X
2.78 AC
F 3332669.070UG FIBER OPTIC MARKER
5389668.070FIRE HYDRANT
F 3331669.070UG FIBER OPTIC MARKER
5386668.070FIRE HYDRANT
31,765 SF
167'131'25,000 SF
131'100'7,000SF135'25,000 SF 100'15,000 SF
1.76 AC
1.67 AC
2.06 AC
12.7 AC 9,600 SF10,800 SF2,500 SF
U.S. HIGHWAY 380
Frisco, TX
Gates of Prosper
1"=300'-0"
SP-499-Phase II & III
Date: 01.26.23
SITE PLAN - PHASE II
EXHIBIT C-15 / Elevations - Sign Details
BUILDING C-1 - SOUTH ELEVATION
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
Page 137
Item 13.
23THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
2.53 AC PRESTON ROADLOVERS LANE
RICHAND DRIVE
RETENTION POND
16.1 AC
4.42 AC
1.70 AC
16,375 SF
25,000 SF
MULTI-FAMILY UNITS
136,100 SF
11.04 AC NET
1.75 AC
2.19 AC
6,300
7,500
P
PP
PWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
451680.170BENCH MARK S
6123673.480BENCH MARK S
6124716.760BENCH MARK S
U
S
S
S
S
S
U
G
U
G
S
S
S
W WWWWWWWWWWWW5386668.070FIRE HYDRANT
5315719.600FIRE HYDRANT
S
F
F
FF
11250642.739SAN. SEWER MANHOLE
YIELDYIELDYIELDYIELDW
W
ONLYONLYTMULTI-FAMILY UNITS
PARK
120'178'120'200'70'1.5
8
A
C240'223'
120'129'-10"195'-7"90'-1"EF
H
B4 B5 C
A2
A1
D
G120'80'110'90'110'B1 B2 B3
5.29 AC80'244'85'147'B6
60'100'1.4
1
A
C
2.0
7
A
C
1.9
2
A
C
1.
1
8
A
C
1.86 AC
2.68 AC
1.66 AC NET
2.33 AC NET
2.40 AC
M
J
K
N
O
P
4.49 AC
4.62 AC
19.87 AC
I
L
Q/R XXXXXXXXXX
X X X X
2.78 AC
F 3332669.070UG FIBER OPTIC MARKER
5389668.070FIRE HYDRANT
F 3331669.070UG FIBER OPTIC MARKER
5386668.070FIRE HYDRANT
31,765 SF
167'131'25,000 SF
131'100'7,000SF135'25,000 SF 100'15,000 SF
1.76 AC
1.67 AC
2.06 AC
12.7 AC 9,600 SF10,800 SF2,500 SF
U.S. HIGHWAY 380
Frisco, TX
Gates of Prosper
1"=300'-0"
SP-499-Phase II & III
Date: 01.26.23
SITE PLAN - PHASE II
EXHIBIT C-16 / Elevations - Sign Details
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
BUILDING C-2 - SOUTH ELEVATION
BUILDING C-2 - EAST ELEVATION
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
Page 138
Item 13.
24THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
2.53 AC PRESTON ROADLOVERS LANE
RICHAND DRIVE
RETENTION POND
16.1 AC
4.42 AC
1.70 AC
16,375 SF
25,000 SF
MULTI-FAMILY UNITS
136,100 SF
11.04 AC NET
1.75 AC
2.19 AC
6,300
7,500
P
PP
PWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
451680.170BENCH MARK S
6123673.480BENCH MARK S
6124716.760BENCH MARK S
U
S
S
S
S
S
U
G
U
G
S
S
S
W WWWWWWWWWWWW5386668.070FIRE HYDRANT
5315719.600FIRE HYDRANT
S
F
F
FF
11250642.739SAN. SEWER MANHOLE
YIELDYIELDYIELDYIELDW
W
ONLYONLYTMULTI-FAMILY UNITS
PARK
120'178'120'200'70'1.5
8
A
C240'223'
120'129'-10"195'-7"90'-1"EF
H
B4 B5 C
A2
A1
D
G120'80'110'90'110'B1 B2 B3
5.29 AC80'244'85'147'B6
60'100'1.4
1
A
C
2.0
7
A
C
1.9
2
A
C
1.
1
8
A
C
1.86 AC
2.68 AC
1.66 AC NET
2.33 AC NET
2.40 AC
M
J
K
N
O
P
4.49 AC
4.62 AC
19.87 AC
I
L
Q/R XXXXXXXXXX
X X X X
2.78 AC
F 3332669.070UG FIBER OPTIC MARKER
5389668.070FIRE HYDRANT
F 3331669.070UG FIBER OPTIC MARKER
5386668.070FIRE HYDRANT
31,765 SF
167'131'25,000 SF
131'100'7,000SF135'25,000 SF 100'15,000 SF
1.76 AC
1.67 AC
2.06 AC
12.7 AC 9,600 SF10,800 SF2,500 SF
U.S. HIGHWAY 380
Frisco, TX
Gates of Prosper
1"=300'-0"
SP-499-Phase II & III
Date: 01.26.23
SITE PLAN - PHASE II
EXHIBIT C-17 / Elevations - Sign Details
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
BUILDING D - FRONT ELEVATION
BUILDING D - REAR ELEVATION
BUILDING D - SIDE A ELEVATION
BUILDING D - SIDE B ELEVATION
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
Page 139
Item 13.
25THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
2.53 AC PRESTON ROADLOVERS LANE
RICHAND DRIVE
RETENTION POND
16.1 AC
4.42 AC
1.70 AC
16,375 SF
25,000 SF
MULTI-FAMILY UNITS
136,100 SF
11.04 AC NET
1.75 AC
2.19 AC
6,300
7,500
P
PP
PWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
451680.170BENCH MARK S
6123673.480BENCH MARK S
6124716.760BENCH MARK S
U
S
S
S
S
S
U
G
U
G
S
S
S
W WWWWWWWWWWWW5386668.070FIRE HYDRANT
5315719.600FIRE HYDRANT
S
F
F
FF
11250642.739SAN. SEWER MANHOLE
YIELDYIELDYIELDYIELDW
W
ONLYONLYTMULTI-FAMILY UNITS
PARK
120'178'120'200'70'1.5
8
A
C240'223'
120'129'-10"195'-7"90'-1"EF
H
B4 B5 C
A2
A1
D
G120'80'110'90'110'B1 B2 B3
5.29 AC80'244'85'147'B6
60'100'1.4
1
A
C
2.0
7
A
C
1.9
2
A
C
1.
1
8
A
C
1.86 AC
2.68 AC
1.66 AC NET
2.33 AC NET
2.40 AC
M
J
K
N
O
P
4.49 AC
4.62 AC
19.87 AC
I
L
Q/R XXXXXXXXXX
X X X X
2.78 AC
F 3332669.070UG FIBER OPTIC MARKER
5389668.070FIRE HYDRANT
F 3331669.070UG FIBER OPTIC MARKER
5386668.070FIRE HYDRANT
31,765 SF
167'131'25,000 SF
131'100'7,000SF135'25,000 SF 100'15,000 SF
1.76 AC
1.67 AC
2.06 AC
12.7 AC 9,600 SF10,800 SF2,500 SF
U.S. HIGHWAY 380
Frisco, TX
Gates of Prosper
1"=300'-0"
SP-499-Phase II & III
Date: 01.26.23
SITE PLAN - PHASE II
EXHIBIT C-18 / Elevations - Sign Details
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
BUILDING E - FRONT ELEVATION
BUILDING E - REAR ELEVATION
BUILDING E - SIDE A ELEVATION
BUILDING E - SIDE B ELEVATION
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
Page 140
Item 13.
26THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
2.53 AC PRESTON ROADLOVERS LANE
RICHAND DRIVE
RETENTION POND
16.1 AC
4.42 AC
1.70 AC
16,375 SF
25,000 SF
MULTI-FAMILY UNITS
136,100 SF
11.04 AC NET
1.75 AC
2.19 AC
6,300
7,500
P
PP
PWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
451680.170BENCH MARK S
6123673.480BENCH MARK S
6124716.760BENCH MARK S
U
S
S
S
S
S
U
G
U
G
S
S
S
W WWWWWWWWWWWW5386668.070FIRE HYDRANT
5315719.600FIRE HYDRANT
S
F
F
FF
11250642.739SAN. SEWER MANHOLE
YIELDYIELDYIELDYIELDW
W
ONLYONLYTMULTI-FAMILY UNITS
PARK
120'178'120'200'70'1.5
8
A
C240'223'
120'129'-10"195'-7"90'-1"EF
H
B4 B5 C
A2
A1
D
G120'80'110'90'110'B1 B2 B3
5.29 AC80'244'85'147'B6
60'100'1.4
1
A
C
2.0
7
A
C
1.9
2
A
C
1.
1
8
A
C
1.86 AC
2.68 AC
1.66 AC NET
2.33 AC NET
2.40 AC
M
J
K
N
O
P
4.49 AC
4.62 AC
19.87 AC
I
L
Q/R XXXXXXXXXX
X X X X
2.78 AC
F 3332669.070UG FIBER OPTIC MARKER
5389668.070FIRE HYDRANT
F 3331669.070UG FIBER OPTIC MARKER
5386668.070FIRE HYDRANT
31,765 SF
167'131'25,000 SF
131'100'7,000SF135'25,000 SF 100'15,000 SF
1.76 AC
1.67 AC
2.06 AC
12.7 AC 9,600 SF10,800 SF2,500 SF
U.S. HIGHWAY 380
Frisco, TX
Gates of Prosper
1"=300'-0"
SP-499-Phase II & III
Date: 01.26.23
SITE PLAN - PHASE II
EXHIBIT C-19 / Elevations - Sign Details
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
BUILDING F - FRONT ELEVATION
BUILDING F - REAR ELEVATION
BUILDING F - SIDE A ELEVATION
BUILDING F - SIDE B ELEVATION
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
Page 141
Item 13.
27THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
2.53 AC PRESTON ROADLOVERS LANE
RICHAND DRIVE
RETENTION POND
16.1 AC
4.42 AC
1.70 AC
16,375 SF
25,000 SF
MULTI-FAMILY UNITS
136,100 SF
11.04 AC NET
1.75 AC
2.19 AC
6,300
7,500
P
PP
PWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
451680.170BENCH MARK S
6123673.480BENCH MARK S
6124716.760BENCH MARK S
U
S
S
S
S
S
U
G
U
G
S
S
S
W WWWWWWWWWWWW5386668.070FIRE HYDRANT
5315719.600FIRE HYDRANT
S
F
F
FF
11250642.739SAN. SEWER MANHOLE
YIELDYIELDYIELDYIELDW
W
ONLYONLYTMULTI-FAMILY UNITS
PARK
120'178'120'200'70'1.5
8
A
C240'223'
120'129'-10"195'-7"90'-1"EF
H
B4 B5 C
A2
A1
D
G120'80'110'90'110'B1 B2 B3
5.29 AC80'244'85'147'B6
60'100'1.4
1
A
C
2.0
7
A
C
1.9
2
A
C
1.
1
8
A
C
1.86 AC
2.68 AC
1.66 AC NET
2.33 AC NET
2.40 AC
M
J
K
N
O
P
4.49 AC
4.62 AC
19.87 AC
I
L
Q/R XXXXXXXXXX
X X X X
2.78 AC
F 3332669.070UG FIBER OPTIC MARKER
5389668.070FIRE HYDRANT
F 3331669.070UG FIBER OPTIC MARKER
5386668.070FIRE HYDRANT
31,765 SF
167'131'25,000 SF
131'100'7,000SF135'25,000 SF 100'15,000 SF
1.76 AC
1.67 AC
2.06 AC
12.7 AC 9,600 SF10,800 SF2,500 SF
U.S. HIGHWAY 380
Frisco, TX
Gates of Prosper
1"=300'-0"
SP-499-Phase II & III
Date: 01.26.23
SITE PLAN - PHASE II
EXHIBIT C-20 / Elevations - Sign Details
BUILDING I - FRONT ELEVATION
BUILDING I - REAR ELEVATION
BUILDING I - SIDE A ELEVATION
BUILDING I - SIDE B ELEVATION
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
Page 142
Item 13.
28THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
2.53 AC PRESTON ROADLOVERS LANE
RICHAND DRIVE
RETENTION POND
16.1 AC
4.42 AC
1.70 AC
16,375 SF
25,000 SF
MULTI-FAMILY UNITS
136,100 SF
11.04 AC NET
1.75 AC
2.19 AC
6,300
7,500
P
PP
PWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
451680.170BENCH MARK S
6123673.480BENCH MARK S
6124716.760BENCH MARK S
U
S
S
S
S
S
U
G
U
G
S
S
S
W WWWWWWWWWWWW5386668.070FIRE HYDRANT
5315719.600FIRE HYDRANT
S
F
F
FF
11250642.739SAN. SEWER MANHOLE
YIELDYIELDYIELDYIELDW
W
ONLYONLYTMULTI-FAMILY UNITS
PARK
120'178'120'200'70'1.5
8
A
C240'223'
120'129'-10"195'-7"90'-1"EF
H
B4 B5 C
A2
A1
D
G120'80'110'90'110'B1 B2 B3
5.29 AC80'244'85'147'B6
60'100'1.4
1
A
C
2.0
7
A
C
1.9
2
A
C
1.
1
8
A
C
1.86 AC
2.68 AC
1.66 AC NET
2.33 AC NET
2.40 AC
M
J
K
N
O
P
4.49 AC
4.62 AC
19.87 AC
I
L
Q/R XXXXXXXXXX
X X X X
2.78 AC
F 3332669.070UG FIBER OPTIC MARKER
5389668.070FIRE HYDRANT
F 3331669.070UG FIBER OPTIC MARKER
5386668.070FIRE HYDRANT
31,765 SF
167'131'25,000 SF
131'100'7,000SF135'25,000 SF 100'15,000 SF
1.76 AC
1.67 AC
2.06 AC
12.7 AC 9,600 SF10,800 SF2,500 SF
U.S. HIGHWAY 380
Frisco, TX
Gates of Prosper
1"=300'-0"
SP-499-Phase II & III
Date: 01.26.23
SITE PLAN - PHASE II
EXHIBIT C-21 / Elevations - Sign Details
BUILDING K - FRONT ELEVATION
BUILDING K - REAR ELEVATION
BUILDING K - SIDE A ELEVATION
BUILDING K - SIDE B ELEVATION
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
Page 143
Item 13.
29THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
2.53 AC PRESTON ROADLOVERS LANE
RICHAND DRIVE
RETENTION POND
16.1 AC
4.42 AC
1.70 AC
16,375 SF
25,000 SF
MULTI-FAMILY UNITS
136,100 SF
11.04 AC NET
1.75 AC
2.19 AC
6,300
7,500
P
PP
PWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
451680.170BENCH MARK S
6123673.480BENCH MARK S
6124716.760BENCH MARK S
U
S
S
S
S
S
U
G
U
G
S
S
S
W WWWWWWWWWWWW5386668.070FIRE HYDRANT
5315719.600FIRE HYDRANT
S
F
F
FF
11250642.739SAN. SEWER MANHOLE
YIELDYIELDYIELDYIELDW
W
ONLYONLYTMULTI-FAMILY UNITS
PARK
120'178'120'200'70'1.5
8
A
C240'223'
120'129'-10"195'-7"90'-1"EF
H
B4 B5 C
A2
A1
D
G120'80'110'90'110'B1 B2 B3
5.29 AC80'244'85'147'B6
60'100'1.4
1
A
C
2.0
7
A
C
1.9
2
A
C
1.
1
8
A
C
1.86 AC
2.68 AC
1.66 AC NET
2.33 AC NET
2.40 AC
M
J
K
N
O
P
4.49 AC
4.62 AC
19.87 AC
I
L
Q/R XXXXXXXXXX
X X X X
2.78 AC
F 3332669.070UG FIBER OPTIC MARKER
5389668.070FIRE HYDRANT
F 3331669.070UG FIBER OPTIC MARKER
5386668.070FIRE HYDRANT
31,765 SF
167'131'25,000 SF
131'100'7,000SF135'25,000 SF 100'15,000 SF
1.76 AC
1.67 AC
2.06 AC
12.7 AC 9,600 SF10,800 SF2,500 SF
U.S. HIGHWAY 380
Frisco, TX
Gates of Prosper
1"=300'-0"
SP-499-Phase II & III
Date: 01.26.23
SITE PLAN - PHASE II
EXHIBIT C-22 / Elevations - Sign Details
BUILDING L - FRONT ELEVATION
BUILDING L - REAR ELEVATION
BUILDING L - SIDE A ELEVATION
BUILDING L - SIDE B ELEVATION
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
Page 144
Item 13.
30THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
2.53 AC PRESTON ROADLOVERS LANE
RICHAND DRIVE
RETENTION POND
16.1 AC
4.42 AC
1.70 AC
16,375 SF
25,000 SF
MULTI-FAMILY UNITS
136,100 SF
11.04 AC NET
1.75 AC
2.19 AC
6,300
7,500
P
PP
PWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
451680.170BENCH MARK S
6123673.480BENCH MARK S
6124716.760BENCH MARK S
U
S
S
S
S
S
U
G
U
G
S
S
S
W WWWWWWWWWWWW5386668.070FIRE HYDRANT
5315719.600FIRE HYDRANT
S
F
F
FF
11250642.739SAN. SEWER MANHOLE
YIELDYIELDYIELDYIELDW
W
ONLYONLYTMULTI-FAMILY UNITS
PARK
120'178'120'200'70'1.5
8
A
C240'223'
120'129'-10"195'-7"90'-1"EF
H
B4 B5 C
A2
A1
D
G120'80'110'90'110'B1 B2 B3
5.29 AC80'244'85'147'B6
60'100'1.4
1
A
C
2.0
7
A
C
1.9
2
A
C
1.
1
8
A
C
1.86 AC
2.68 AC
1.66 AC NET
2.33 AC NET
2.40 AC
M
J
K
N
O
P
4.49 AC
4.62 AC
19.87 AC
I
L
Q/R XXXXXXXXXX
X X X X
2.78 AC
F 3332669.070UG FIBER OPTIC MARKER
5389668.070FIRE HYDRANT
F 3331669.070UG FIBER OPTIC MARKER
5386668.070FIRE HYDRANT
31,765 SF
167'131'25,000 SF
131'100'7,000SF135'25,000 SF 100'15,000 SF
1.76 AC
1.67 AC
2.06 AC
12.7 AC 9,600 SF10,800 SF2,500 SF
U.S. HIGHWAY 380
Frisco, TX
Gates of Prosper
1"=300'-0"
SP-499-Phase II & III
Date: 01.26.23
SITE PLAN - PHASE II
EXHIBIT C-23 / Elevations - Sign Details
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
BUILDING Q/R - SOUTH ELEVATION
BUILDING Q/R - EAST ELEVATION
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
Page 145
Item 13.
31THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
EXHIBIT C-24 / Elevations - Sign Details
BUILDING C1 - NORTH ELEVATION BUILDING C1 - EAST ELEVATION
BUILDING C1 - SOUTH ELEVATION
C1 - A
C1 - A
C1 - B
C1 - B
C1 - C
C1 - C
C1 - F C1 - G C1 - HC1 - D&E
C1 - D
C1 - EC1 - F
BUILDING C1 - WEST ELEVATION
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
- Deviation Per Sec. 3.14.012; (I); (iii),
Maximum Height
C1-A - Allowed 8’ per code; Requesting 13’-0”
C1-B - Allowed 6’ per code; Complies with code
C1-C - Allowed 8’ per code; Requesting 15’-6 3/8”
C1-D - Allowed 8’ per code; Requesting 8’-1”
C1-E - Allowed 8’ per code; Requesting 8’-1”
C1-E - Allowed 8’ per code; Requesting 12’-0”
C1-F - Allowed 8’ per code; Requesting 12’-0”
- Requesting sign to project above parapet.
Page 146
Item 13.
32THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
EXHIBIT C-25 / Elevations - Sign Details
124'-0"
T.O.P.
126'-3"
T.O.P. 125'-6"
T.O.P.
126'-3"
T.O.P.
124'-0"
T.O.P. 125'-6"
T.O.P.
125'-6"
T.O.P.
125'-6"
T.O.P.
124'-0"
T.O.P.
94'-0"
48'-0"23'-0"23'-0"
74'-7"
15'-0"29'-2"30'-5"
74'-0"
23'-0"36'-0"15'-0"
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
BUILDING C2 - SIDE A ELEVATION
BUILDING C2 - FRONT ELEVATION
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
BUILDING C2 - SIDE B ELEVATION
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
Page 147
Item 13.
33THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
EXHIBIT C-26 / Elevations - Sign Details
131'-8"
31'-1"50'-0"30'-1"
131'-8"
31'-1"50'-0"30'-1"
191'-6"
22'-0"50'-0"50'-0"50'-0"
130'-0"
T.O.P. 129'-0"
T.O.P.
138'-0"
T.O.P.
132'-0"
T.O.P. 129'-0"
T.O.P.
130'-0"
T.O.P.
138'-0"
T.O.P.
132'-0"
T.O.P.
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
BUILDING B1 - SIDE ELEVATION
BUILDING B1 - FRONT ELEVATION
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
Page 148
Item 13.
34THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
EXHIBIT C-27 / Elevations - Sign Details
130'-0"
T.O.P.
133'-0"
T.O.P. 130'-0"
T.O.P.
49'-0"59'-0"59'-0"
167'-0"
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
BUILDING B2 - FRONT ELEVATION
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
Page 149
Item 13.
35THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
EXHIBIT C-28 / Elevations - Sign Details
30'-6"72'-0"28'-6"
131'-0"
129'-0"
T.O.P.
131'-0"
T.O.P.
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
BUILDING B3 - FRONT ELEVATION
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
Page 150
Item 13.
36THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
130'-6"
T.O.P.
71'-4"
39'-0"32'-4"
100'-1"
61'-0"39'-0"
130'-6"
T.O.P.
125'-6"
T.O.P.
125'-0"
T.O.P.
EXHIBIT C-29 / Elevations - Sign Details
BUILDING B4 - FRONT ELEVATION
BUILDING B4 - SIDE ELEVATION
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
Page 151
Item 13.
37THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
EXHIBIT C-30 / Elevations - Sign Details
185'-10"
136'-4"
26'-11"62'-6"26'-11"
15'-10"50'-0"50'-0"50'-0"
129'-0"
T.O.P.
131'-0"
T.O.P.
129'-0"
T.O.P.
131'-0"
T.O.P.
138'-0"
T.O.P.
138'-0"
T.O.P.
BUILDING A1 - FRONT ELEVATION
BUILDING A1 - SIDE ELEVATION
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
Page 152
Item 13.
38THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
EXHIBIT C-31 / Elevations - Sign Details
23'-3"53'-2"23'-3"
129'-0"
T.O.P.
131'-0"
T.O.P.
99'-8"
BUILDING A2 - FRONT ELEVATION
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
Page 153
Item 13.
39THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
EXHIBIT C-32 / Elevations - Sign Details
126'-6"
80'-0"39'-0"
178'-3"
34'-0"100'-0"34'-2"
129'-0"
T.O.P.
131'-0"
T.O.P.
129'-0"
T.O.P.
131'-0"
T.O.P.
137'-0"
T.O.P.
131'-0"
T.O.P.
BUILDING A2 - FRONT ELEVATION
BUILDING A2 - SIDE ELEVATION
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
ELEVATION TO IDENTIFY POTENTIAL SIGN AREA ONLY
- BUILDING ELEVATIONS ARE FOR
REFERENCE ONLY.
Page 154
Item 13.
40THE GATES OF PROSPER - SPECIAL PURPOSE SIGN DISTRICT - WEST OF PRESTON ROAD Prosper, Texas
EXHIBIT D / Sign Schedule - Development Standards
TYPE A
TYPE B
TYPE C
TYPE D
LEGEND
COMPLIES WITH CODE:
EXHIBITS C-6, C-7, C-8, C-9, C-10, C-11,
C-12, C-13, C-14, C-15, C-16, C-17, C-18,
C-19, C-20, C-21, C-22, C-23, C-25, C-26,
C-27, C-28, C-29, C-30, C-31, C-32
REFER TO EXHIBIT C-24
- Deviation Per Sec. 3.14.012; (I); (iii),
Maximum Height
C1-A - Allowed 8’ per code; Requesting 13’-0”
C1-B - Allowed 6’ per code; Complies with code
C1-C - Allowed 8’ per code; Requesting 15’-6 3/8”
C1-D - Allowed 8’ per code; Requesting 8’-1”
C1-E - Allowed 8’ per code; Requesting 8’-1”
C1-E - Allowed 8’ per code; Requesting 12’-0”
C1-F - Allowed 8’ per code; Requesting 12’-0”
- Requesting sign to project above parapet.
BUILDING WALL SIGN DEVIATIONS
SIGN NUMBER CONFORMS DEVIATE DETAILS
01 P
02 P
03 P
04 P
05 P
06 P
07 P
08 P
09 P
10 P
11 P
12 P
13 P Masonry Border. Requires 1' masonry border around all sides of signage. Signage Area. Sign exceeds 64 SF
maximum allowed per ordinance. Design matches approved signs in Phase 2.
14 P Masonry Border. Requires 1' masonry border around all sides of signage. Signage Area. Sign exceeds 64 SF
maximum allowed per ordinance. Design matches approved signs in Phase 2.
15 P
16 P Masonry Border. Requires 1' masonry border around all sides of signage. Signage Area. Sign exceeds 64 SF
maximum allowed per ordinance. Design matches approved signs in Phase 2.
17 P Masonry Border. Requires 1' masonry border around all sides of signage. Signage Area. Sign exceeds 64 SF
maximum allowed per ordinance. Design matches approved signs in Phase 2.
18 P Masonry Border. Requires 1' masonry border around all sides of signage. Signage Area. Sign exceeds 64 SF
maximum allowed per ordinance. Design matches approved signs in Phase 2.
19 P Masonry Border. Requires 1' masonry border around all sides of signage. Signage Area. Sign exceeds 64 SF
maximum allowed per ordinance. Design matches approved signs in Phase 2.
20 P
21 P Masonry Border. Requires 1' masonry border around all sides of signage. Signage Area. Sign exceeds 64 SF
maximum allowed per ordinance. Design matches approved signs in Phase 2.
22 P Masonry Border. Requires 1' masonry border around all sides of signage. Design matches approved signs in
Phase 2.
23 P
Masonry Border. Requires 1' masonry border around all sides of signage. Signage Area. Sign exceeds 64 SF
maximum allowed per ordinance. Maximum number of signs. Per Sec. 3.14.012; (N); (a) One per street
frontage of the unified development zone (UDZ; Requesting 1 additional sign along frontage of lot. Design
matches approved signs in SPSD - 4.
24 P Masonry Border. Requires 1' masonry border around all sides of signage. Signage Area. Sign exceeds 64 SF
maximum allowed per ordinance. Design matches approved signs in Phase 2.
25 P
Masonry Border. Requires 1' masonry border around all sides of signage. Signage Area. Sign exceeds 64 SF
maximum allowed per ordinance. Maximum number of signs. Per Sec. 3.14.012; (N); (a) One per street
frontage of the unified development zone (UDZ; Requesting 1 additional sign along frontage of lot. Design
matches approved signs in SPSD - 4.
26 P Masonry Border. Requires 1' masonry border around all sides of signage. Design matches approved signs in
Phase 2.
27 P Masonry Border. Requires 1' masonry border around all sides of signage. Signage Area. Sign exceeds 64 SF
maximum allowed per ordinance. Design matches approved signs in Phase 2.
28 P Masonry Border. Requires 1' masonry border around all sides of signage. Signage Area. Sign exceeds 64 SF
maximum allowed per ordinance. Design matches approved signs in Phase 2.
29 P Masonry Border. Requires 1' masonry border around all sides of signage. Signage Area. Sign exceeds 240 SF
maximum allowed per ordinance. Design matches approved sign in Phase 1.
30 P Masonry Border. Requires 1' masonry border around all sides of signage. Signage Area. Sign exceeds 64 SF
maximum allowed per ordinance. Design matches approved signs in Phase 2.
31 P Masonry Border. Requires 1' masonry border around all sides of signage. Signage Area. Sign exceeds 64 SF
maximum allowed per ordinance. Design matches approved signs in Phase 2.
32 P Masonry Border. Requires 1' masonry border around all sides of signage. Signage Area. Sign exceeds 64 SF
maximum allowed per ordinance. Design matches approved signs in Phase 2.
33 P Masonry Border. Requires 1' masonry border around all sides of signage. Signage Area. Sign exceeds 64 SF
maximum allowed per ordinance. Design matches approved signs in Phase 2.
34 P
Masonry Border. Requires 1' masonry border around all sides of signage. Signage Area. Sign exceeds 64 SF
maximum allowed per ordinance. Maximum number of signs. Per Sec. 3.14.012; (N); (a) One per street
frontage of the unified development zone (UDZ; Requesting 1 additional sign along frontage of lot. Design
matches approved signs in SPSD - 4.
35 P Masonry Border. Requires 1' masonry border around all sides of signage. Signage Area. Sign exceeds 64 SF
maximum allowed per ordinance. Design matches approved signs in Phase 2.
36 P Masonry Border. Requires 1' masonry border around all sides of signage. Design matches approved signs in
Phase 2.
37 P
Masonry Border. Requires 1' masonry border around all sides of signage. Signage Area. Sign exceeds 64 SF
maximum allowed per ordinance. Maximum number of signs. Per Sec. 3.14.012; (N); (a) One per street
frontage of the unified development zone (UDZ; Requesting 1 additional sign along frontage of lot. Design
matches approved signs in SPSD - 4.
MONUMENT SIGNS (UNIFIED DEVELOPMENT/ SINGLE/ MULTI-TENANT/ OTHER) refer to EXHIBIT B; page 3
Page 155
Item 13.
Page 1 of 2
To: Mayor and Town Council
From: Chris Landrum, Finance Director
Through: Bob Scott, Executive Director of Administration
Mario Canizares, Town Manager
Re: Audit / Annual Comprehensive Financial Report
Town Council Meeting – March 28, 2023
Agenda Item:
Consider and act upon a resolution accepting the Independent Audit Report and Annual
Comprehensive Financial Report for the Fiscal Year Ended September 30, 2022, as audited by
Weaver and Tidwell LLP, Certified Public Accountants. (CL)
Description of Agenda Item:
Section 7.18 of the Town’s Charter, as well as Chapter 103 of the Texas Local Government Code,
requires that an independent audit be conducted annually. The Annual Comprehensive Financial
Reports (ACFR) contains information in addition to the Basic Financial Statements that is helpful
to understand the Town’s finances. It is also a key continuing disclosure document identified in
the Town’s debt covenants and must be file electronically with the Municipal Securities
Rulemaking Board (MSRB) Electronic Municipal Market Access (EMMA) website within six
months of year-end. Staff plans to submit an electronic Annual Comprehensive Financial Report
to the Government Finance Officers Association in consideration for the Certificate of Achievement
for Excellence in Financial Reporting.
In compliance with Generally Accepted Auditing Standards (GAAS), the auditors must make
certain required communications to those in charge of governance. These communications have
been made to the Finance Sub-Committee of Council on March 27, 2023 with copies distributed
to full council.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, LLP, reviewed the resolution as to form and legality.
Attached Documents:
1. Annual Comprehensive Financial Report
2. Resolution
Town Staff Recommendation:
Town staff recommends that the Council approve the resolution accepting the Independent Audit
Report and Annual Comprehensive Financial Report for the Fiscal Year Ended September 30,
2022.
FINANCE
Page 156
Item 14.
Page 2 of 2
Proposed Motion:
I move to approve the resolution accepting the Independent Audit Report and Annual
Comprehensive Financial Report for the Fiscal Year Ended September 30, 2022.
Page 157
Item 14.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023-XX
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ACCEPTING THE FISCAL YEAR 2021-2022 INDEPENDENT AUDIT
REPORT AND ACCOMPANYING COMPREHENSIVE ANNUAL FINANCIAL
REPORT; MAKING FINDINGS; AUTHORIZING PUBLICATION OF THE AUDIT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council is required by Section 7.18 of the Town Charter to call for
an Independent Audit to be made of all accounts of the Town at the close of each fiscal year, a
report of which is to be presented to the Town Council; and
WHEREAS, Town staff engaged Weaver and Tidwell LLP., Certified Public Accountants,
to complete the Town’s Fiscal Year 2021-2022 Independent Audit; and
WHEREAS, the Town Charter requires that upon completion of the audit, a copy of the
audited financial statements shall be posted to the Town’s website and copies placed on file in
the office of the person performing the duties of Town Secretary, as a public record.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The Town Council of the Town of Prosper, Texas, hereby accepts the Town’s Fiscal Year
2021-2022 Annual Comprehensive Financial Report with accompanying audit opinion in
compliance with charter requirements.
SECTION 2
A copy of the completed audit shall be published immediately on the Town website and
copies of the audit placed on file in the office of the person performing the duties of Town
Secretary, as a public record.
SECTION 3
This Resolution shall take effect from and after the date of its passage.
DULY PASSED AND APPROVED, BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 28TH DAY OF MARCH, 2023.
APPROVED:
___________________________________
David F. Bristol, Mayor
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Item 14.
Resolution No. 2023-XX, Page 2
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
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Item 14.