The URL can be used to link to this page

05.23.23 Town Council Regular Meeting PacketPage 1 of 4 ] 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 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. 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. Presentations. 1. Administer Oaths of Office to re-elected Councilmembers and present Certificates of Election. (MLS) 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. Agenda Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, May 23, 2023 6:15 PM Page 1 Page 2 of 4 2. Consider and act upon the minutes from the May 9, 2023, Town Council Regular meeting. (MLS) 3. Consider and act upon the minutes from the May 16, 2023, Town Council Special meeting. (MLS) 4. Consider acceptance of the July, August, and September 2022 monthly financial reports. (CL) 5. Consider and act upon approving a contract with Weatherproofing Services utilizing the Interlocal Purchasing System (TIPS) for the renovation of the Town Hall water feature; and authorizing the Town Manager to execute documents for the same. (CE) 6. Consider and act upon an ordinance to amend 168± acres Planned Development-40 (PD-40) for Residential Use (Phases 7F and 7G) regarding building materials, located on the northside of First Street and west of Windsong Parkway. (ZONE-23-0006) (DS) 7. Consider and act upon authorizing the Town Manager to execute a Third Amendment to Development Agreement between VP Windsong Operations LLP, VP Windsong Investments LLP and the Town of Prosper relative to Windsong Ranch, as described in Planned Development 40 (PD-40) (DEVAGREE-23-0004) (DS) 8. Consider and act upon an ordinance to rezone 13.3± acres from Single Family-15 (SF- 15) to Planned Development-Retail (PD-R), generally to allow for an office/retail development, located on the east side of Preston Road, north of St. Peter Lane. (Z21- 0003). (DS) 9. Consider and act upon authorizing the Town Manager to execute a Development Agreement between MQ Development Partners and the Town of Prosper, related to the MQ Prosper North Development, located on the east side of Preston Road, north of St. Peter Lane. (DEVAGRE-23-0007) (DS) CITIZEN COMMENTS The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Comment Request Form” and present it to the Town Secretary prior to the meeting. Please limit your comments to three minutes. If multiple individuals wish to speak on a topic, they may yield their three minutes to one individual appointed to speak on their behalf. All individuals yielding their time must be present at the meeting, and the appointed individual will be limited to a total of 15 minutes. 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: 10. Discuss and consider making appointments to the Council Subcommittees. (MLS) 11. Discuss and consider Town Council Subcommittee reports. (DB) Page 2 Page 3 of 4 12. Discussion regarding a review of activities and services of Town Council and staff from May 2022 to May 2023. (DB/MC) 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 551.074 - To deliberate the appointment of Mayor Pro-Tem and Deputy Mayor Pro-Tem. 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, Community Engagement Committee, the Comprehensive Plan Advisory Committee, and all matters incident and related thereto. Section 551.076 – To deliberate the deployment or specific occasions for implementation of security personnel or devices at Town Hall. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting wa s 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, May 19, 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. Page 3 Page 4 of 4 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. Page 4 Page 1 of 4 ] 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 Councilmember Marcus E. Ray Councilmember Amy Bartley Councilmember Chris Kern Council Members Absent: Deputy Mayor Pro-Tem Craig Andres Councilmember Charles Cotten Staff Members Present: Mario Canizares, Town Manager Michelle Lewis Sirianni, Town Secretary Terry Welch, Town Attorney Robyn Battle, Executive Director of Community Services Bob Scott, Executive Director of Administrative Services Chuck Ewings, Executive Director of Development and Infrastructure Services David Hoover, Development Services Director Dan Baker, Parks and Recreation Director Todd Rice, Communications Manager David Soto, Planning Manager Pete Anaya, Assistant Director of Engineering Services Dan Heischman, Assistant Director of Engineering Services Leigh Johnson, IT Director Doug Kowalski, Police Chief Scott Brewer, Assistant Police Chief Stuart Blasingame, Fire Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Mayor Bristol read a brief statement and requested a moment of silence in honor of those individuals who lost their lives and the families who lost loved ones on Saturday. John Fowler with First Presbyterian 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: Thank you to all who celebrated Cinco de Mayo in Downtown this past weekend. We appreciate all those who supported and volunteered to make it a fun day for everyone in attendance. MINUTES Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, May 9, 2023 Page 5 Item 2. Page 2 of 4 The Library’s Summer Reading Program kicks off on Wednesday, May 30. Be on the lookout for more information and details coming soon to the Town’s website and Library’s social media page(s). Come join the excitement as Prosper gears up for the second annual P-Town Throwdown, a fun-filled family-oriented pickleball tournament to be held at Reynolds Middle School tennis courts on June 3. Registration is now open through May 28 and can be done at Prospertx.gov/parksandrec. Presentations. 1. Citizens Academy Graduation. (RB) Ms. Battle introduced the item with a recap of the 2023 Citizens Academy. Mayor Bristol followed by presenting certif icates and recognizing the graduates of the 2023 Citizen’s Academy class. 2. Freedom Fest discussion. (DB) Mr. Baker introduced the item. He indicated staff has met with Mr. Anderson to discuss the layout of the event and with Public Safety’s guidance. Staff are comfortable with the proposed event layout. Mr. Coffey Anderson and Kari Willis, President of EFactor presented the proposed event consisting of two options. One being a ticketed event with a title sponsorship of $25,000 and the other being a free event with the Town purchasing for $65,000. Mr. Anderson and Willis covered the inclusions and differences between each option, the proposed layout of the event, how the ticketing would function for both options, and the sponsorship opportunities available to offset some costs. The Town Council discussed both options presented along with the location layout, sponsorship and VIP tickets, fencing, and logistics of getting in and out of the event. 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 at the request of Council Members or staff. 3. Consider and act upon the minutes from the April 25, 2023, Town Council Work Session meeting. (MLS) 4. Consider and act upon the minutes from the April 25, 2023, Town Council Regular meeting. (MLS) 5. Consider and act upon whether to direct staff to submit a written notice of appeals on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan, including Gates of Prosper, Phase 2, Lot 5R. (DS) Page 6 Item 2. Page 3 of 4 Mayor Pro-Tem Hodges made a motion to approve items 3 through 5. Councilmember Ray seconded that motion, and the motion was unanimously approved. CITIZEN COMMENTS No comments were made. Items for Individual Consideration: 6. Conduct a public hearing and consider and act upon a request to amend 166± acres Planned Development-40 (PD-40) for Residential Use (Phases 7F and 7G) regarding building materials, located on the northside of First Street and west of Windsong Parkway. (ZONE-23-0006) (DS) Mr. Soto introduced the item providing an overview of the request. If approved by the Town Council, a revised Development Agreement would be brought back for approval. Staff have received no responses in opposition to the request. The Planning and Zoning Commission approved the request by a 6-0 vote at their April 18 meeting. Staff is recommending approval. David Blom, Tellus Group, noted that this request is like previous requests brought forward regarding building materials within the Windsong Ranch development. Mr. Blom spoke about the quality of the development and the homes already built and indicated these would be no different. He respectively requested approval. Zach Snyder, President, and CEO of Tradition Homes spoke to the exterior façade materials and the architectural diversity of the homes. Mayor Bristol opened the public hearing. No comments were made. Mayor Bristol closed the public hearing. Councilmember Ray made a motion to approve a request to amend 166± acres Planned Development-40 (PD-40) for Residential Use (Phases 7F and 7G) regarding building materials, located on the northside of First Street and west of Windsong Parkway. Mayor Pro-Tem Hodges seconded that motion. Motion carried with a 5-0 vote. 7. Discuss and consider Town Council Subcommittee reports. (DB) Mayor Bristol stated he requested this item to be brought forward, which will become a standing item to allow the Council Subcommittee’s to report on meetings that were held. Councilmember Bartley reported on the Capital Improvement Projects Subcommittee meetings held. She noted the subcommittee is reviewing projects to accelerate, which will be presented to the Finance Subcommittee. Councilmember Bartley reported on the Comprehensive Plan Advisory Committee (CPAC) meeting. The committee is reviewing portions of the d raft put together by the consultant. The committee has requested the consultant to provide some additional detailed outlines on some items that are frequently discussed by the Council. Page 7 Item 2. Page 4 of 4 Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Councilmember Bartley requested staff to touch base with Cockrell Elementary PTO regarding a cover for their playground area and an update to the Landscape Ordinance including enforcement thereof. Councilmember Ray requested staff to research how to have alcohol at events and/or to also address golf carts at Town events. 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 - To consult with the Town Attorney regarding legal issues associated with nonconforming uses, and all matters incident and related thereto. The Town Council recessed into Executive Session at 7:34 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 8:33 p.m. No action was taken. Adjourn. The meeting was adjourned at 8:33 p.m. These minutes were approved on the 23rd day of May 2023. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 8 Item 2. Page 1 of 2 ] Call to Order/ Roll Call. The meeting was called to order at 7:30 a.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Jeff Hodges Councilmember Amy Bartley Councilmember Chris Kern Councilmember Charles Cotten Council Members Absent: Deputy Mayor Pro-Tem Craig Andres Councilmember Marcus E. Ray Staff Members Present: Mario Canizares, Town Manager Michelle Lewis Sirianni, Town Secretary Bob Scott, Executive Director of Administrative Services Items for Individual Consideration 1. Consider and act upon Ordinance 2023-36 canvassing the returns and declaring the results of the May 6, 2023, Special Election. (MLS) Ms. Lewis Sirianni presented the Town Council with the following results to be declared official with Proposition A and Proposition B being approved by the voters. Combined Totals Early Voting Early Voting Election Day Provisional Total Vote % In-Person Mail In-Person Ballots In Favor 2,328 10 625 0 2,963 90.56% Against 224 0 85 0 309 9.44% Totals 2,552 10 710 0 3,272 100.00% Overvotes 0 0 0 0 0 Undervotes 158 1 41 0 200 Combined Totals Early Voting Early Voting Election Day Provisional Total Vote % In-Person Mail In-Person Ballots In Favor 2,373 10 642 0 3,025 92.06% Against 194 0 67 0 261 7.94% Totals 2,567 10 709 0 3,286 100.00% Overvotes 0 0 0 0 0 Undervotes 143 1 42 0 186 Proposition A - Crime Control & Prevention District Proposition B - Fire Control, Prevention & Emergency Medical Services District MINUTES Prosper Town Council Special Prosper Town Hall – Council Chambers 250 W. First Street, Prosper, Texas Tuesday, May 16, 2023 Page 9 Item 3. Page 2 of 2 Upon approval, staff will notify the counties and the Texas Comptroller with the results. Councilmember Cotten made a motion to approve Ordinance 2023-36 canvassing the returns and declaring the results of the May 6, 2023, Special Election as presented. Mayor Pro-Tem Hodges seconded that motion. Motion carried with a 5-0 vote. EXECUTIVE SESSION: The Town Council did not recess into Executive Session. No action was taken. Adjourn. The meeting was adjourned at 7:35 a.m. These minutes were approved on the 23rd day of May 2023. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 10 Item 3. Page 1 of 2 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Bob Scott, Executive Director of Administrative Services Mario Canizares, Town Manager Re: Monthly Financial Reports Town Council Meeting – May 23, 2023 Agenda Item: Consider acceptance of the July, August, and September 2022 monthly financial reports. Description of Agenda Item: The Town Charter requires the submission of monthly financial reports to the Town Council. With the departure of the previous Finance Director and Accounting Manager at the beginning of September, the Finance Department experienced 100% turnover of staff. To ensure completion of the budget, issuance of debt to continue the capital program without interruption and to be able to issue the audited financial statements within six months of year-end as required by the Town’s debt covenants a plan to prioritize tasks and bring in additional temporary resources was discussed with the Finance Subcommittee and Council. The issuance of monthly financial statements was one of the tasks that was deemed a lower priority. With the issuance of the September 30, 2022, Annual Comprehensive Financial Report (ACFR) now complete and Finance Department staffing levels restored, staff continues to catch up on required items. The attached financial statements for July-September 2022 were prepared in the old format. This format is not particularly “user friendly” and staff is working to reformat the monthly financial statements for 2023. 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. Monthly Financial Statement - July 31, 2022 2. Monthly Financial Statement - August 31, 2022 3. Monthly Financial Statement - September 30, 2022 FINANCE Page 11 Item 4. Page 2 of 2 Town Staff Recommendation: Town staff recommends accept the July, August, and September 2022 monthly financial reports. Proposed Motion: I move to accept the July, August, and September 2022 monthly financial reports. Page 12 Item 4. Prosper is a place where everyone matters. MONTHLY FINANCIAL REPORT as of July 31, 2022 Budgetary Basis Prepared by Finance Department May 23, 2023 1 Page 13 Item 4. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT JULY 2022 Table of Contents Dashboard Charts 3 - 4 General Fund 5 Water-Sewer Fund 6 - 7 Debt Service Fund 8 Crime Control and Prevention Special Purpose District 9 Fire Control, Prevention, and Emergency Medical Services Special Purpose District 10 Vehicle and Equipment Replacement Fund 11 Storm Drainage Utility Fund 12 Park Dedication and Improvement Fund 13 TIRZ #1 - Blue Star 14 TIRZ #2 15 Water Impact Fees Fund 16 Wastewater Impact Fees Fund 17 Thoroughfare Impact Fees Fund 18 Special Revenue Fund 19 Capital Projects Fund-General 20 Capital Projects Fund-Water/Sewer 22 2 Page 14 Item 4. $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 Total Budget YTD Budget YTD Actual Building Permit Revenues 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Town of Prosper, Texas Sales Tax Revenue by Month FY 18/19 FY 19/20 FY 20/21 FY 21/22 3 Page 15 Item 4. $46.278 $38.565 $34.368 $40.009 $33.340 $36.924 $- $5 $10 $15 $20 $25 $30 $35 $40 $45 $50 Total Budget YTD Budget YTD Actual In Millions General Fund Revenues and Expenditures Revenues Expenditures $33.176 $27.647 $20.809 $30.455 $25.379 $24.144 $- $5 $10 $15 $20 $25 $30 $35 Total Budget YTD Budget YTD Actual In Millions Water -Sewer Fund Revenues and Expenditures Revenues Expenditures 4 Page 16 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actuals Encumbrances Budget Balance YTD Percent Note YTD Actuals Prior Year REVENUES Property Taxes 19,256,473$ 60,000$ 19,316,473$ 19,012,693$ -$ 303,780$ 98%1 18,557,346$ 2% Sales Taxes 7,972,237 1,147,446 9,119,683 7,871,249 - 1,248,434 86%6,216,801 27% Franchise Fees 1,997,889 (292,095) 2,289,984 1,423,619 - 866,365 62%2 1,273,024 12% Building Permits 3,751,000 249,000 4,000,000 3,669,264 - 330,736 92%4,806,930 -24% Other Licenses, Fees & Permits 1,307,700 (389,550) 1,697,250 1,842,986 - (145,736) 109%1,972,059 -7% Charges for Services 576,873 (325,600) 902,473 759,290 - 143,183 84%479,000 59% Fines & Warrants 325,000 75,000 250,000 199,434 - 50,566 80%233,877 -15% Intergovernmental Revenue (Grants)232,914 (16,495) 216,419 307,760 - (91,341) 142%349,986 -12% Interest Income 70,000 (20,000) 90,000 81,438 - 8,562 90%116,065 -30% Transfers In 1,100,514 - 1,100,514 917,095 - 183,419 83%893,183 3% Miscellaneous 329,481 2,144,006 568,997 592,120 - (23,123) 104%262,150 126% Park Fees 377,000 79,750 456,750 246,613 - 210,137 54%321,036 -23% Total Revenues 37,297,081$ 2,711,462$ 40,008,543$ 36,923,561$ -$ 3,084,982$ 92%35,481,455$ 4% EXPENDITURES Administration 7,222,692$ 1,397,703$ 8,620,395$ 6,400,283$ 333,850$ 1,886,262$ 78%5,257,888$ 22% Police 6,520,223 268,926 6,789,149 4,789,008 262,781 1,737,360 74%4,177,397 15% Fire/EMS 8,738,347 2,062,727 10,801,074 9,495,991 642 1,304,441 88%7,639,528 24% Public Works 3,697,980 589,669 4,287,649 2,363,531 365,519 1,558,599 64%1,672,349 41% Community Services 6,575,735 377,361 6,953,096 5,439,448 51,646 1,462,002 79%3,433,743 58% Development Services 4,211,352 378,303 4,589,655 2,784,285 18,101 1,787,269 61%2,652,179 5% Engineering 4,175,692 60,881 4,236,573 3,095,370 95,615 1,045,588 75%1,547,662 100% Total Expenses 41,142,021$ 5,135,569$ 46,277,590$ 34,367,916$ 1,128,154$ 10,781,520$ 77%26,380,746$ 30% REVENUE OVER (UNDER) EXPENDITURES (3,844,940)$ (2,424,107)$ (6,269,047)$ 2,555,645$ 9,100,710$ Beginning Fund Balance October 1-Unassigned/Unrestricted 20,242,707 20,242,707 13,923,232 Ending Fund Balance 13,973,660$ 22,798,352$ 23,023,942$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Franchise fees and other various license and fees are paid quarterly or annually. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2022 Expected Year to Date Percent 83.33% GENERAL FUND 5 Page 17 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Water Charges for Services 15,179,476$ -$ 15,179,476$ 13,681,895$ -$ 1,497,581$ 90%10,839,280$ 26% Sewer Charges for Services 8,972,771 - 8,972,771 7,924,124 - 1,048,647 88%6,152,584 29% Sanitation Charges for Services 1,779,679 - 1,779,679 1,611,023 - 168,656 91%1,432,515 12% Licenses, Fees & Permits 214,370 - 214,370 216,852 - (2,482) 101%181,869 19% Utility Billing Penalties 142,000 - 142,000 147,039 - (5,039) 104%42,034 Interest Income 40,000 - 40,000 33,954 - 6,046 85%43,062 -21% Other 4,126,549 - 4,126,549 528,658 - 3,597,891 13%1 1,344,826 -61% Transfer In - - - - - -- Total Revenues 30,454,845$ -$ 30,454,845$ #24,143,545$ -$ 6,311,300$ 79%20,036,171$ 20% EXPENDITURES Administration 3,091,532$ 21,449$ 3,112,981$ 2,493,325$ 29,300$ 590,356 81%2,960,863$ -16% Debt Service 3,713,517 2,618,251 6,331,768 4,463,060 - 1,868,708 70%2 1,073,093 316% Water Purchases 7,701,317 - 7,691,497 5,367,950 - 2,323,547 70%5,641,538 -5% Public Works 15,694,874 335,317 16,040,011 8,484,347 (122,472) 7,678,136 52%7,564,234 12% Total Expenses 30,201,240$ 2,975,017$ 33,176,257$ 20,808,682$ (93,172)$ 12,460,747$ 62%17,239,727$ 21% REVENUE OVER (UNDER) EXPENDITURES 253,605$ (2,975,017)$ (2,721,412)$ 3,334,864$ 2,796,444$ Beginning Working Capital October 1 10,914,365 10,914,365 6,867,399 Ending Working Capital 8,192,953$ 14,249,229$ 9,663,843$ Notes 1 Largest portion of this ($3.89M) is TxDOT reimbursement for Custer Water Line relocation. 2 Annual debt service payments are made in February and August. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2022 Expected Year to Date Percent 83.33% WATER-SEWER FUND 6 Page 18 Item 4. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2022 Expected Year to Date Percent 83.33% WATER-SEWER FUND Jul-22 Jul-21 Growth % Average Monthly Average Cumulative WATER SEWER WATER SEWER Change # of Accts Residential 11,713 10,979 10,650 9,957 10.12%October 10.1%10.1% # of Accts Commercial 412 367 390 348 5.56%November 7.1%17.2% Consumption-Residential 268,583,920 78,349,803 156,544,610 63,549,140 57.63%December 5.6%22.8% Consumption-Commercial 81,873,310 15,067,690 46,447,880 12,639,220 64.06%January 4.5%27.2% Average Residential Water Consumption 22,930 14,699 56.00%February 4.6%31.8% Billed ($) Residential 1,852,408.81 693,244.75 1,057,646.95 591,831.28 75.14%March 4.5%36.3% Billed ($) Commercial 756,072.02 124,166.71 427,551.85 109,086.46 76.84%April 6.2%42.5% Total Billed ($) 2,608,480.83$ 817,411.46$ 1,485,198.80$ 700,917.74$ 56.71%May 7.4%50.0% June 9.2%59.2% July 12.9%72.1% August 14.9%86.9% September 13.1%100.0% Aug-21 4.82 Aug-20 1.28 Sep-21 0.25 Sep-20 3.87 Oct-21 2.96 Oct-20 1.74 Nov-21 3.11 Nov-20 1.08 Dec-21 0.43 Dec-20 3.00 Jan-22 0.08 Jan-21 0.85 Feb-22 2.03 Feb-21 2.22 Mar-22 2.12 Mar-21 3.03 Apr-22 2.54 Apr-21 4.50 May-22 3.00 May-21 7.77 Jun-22 2.64 Jun-21 2.15 Jul-22 0.41 Jul-21 2.98 Average rainfall for July is 2.27 Rainfall 7 Page 19 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes-Delinquent 75,000$ -$ 75,000$ 67,071$ -$ 7,929$ 89%76,970$ -13% Property Taxes-Current 10,545,466 - 10,545,466 10,414,651 - 130,815 99%1 7,586,040 37% Taxes-Penalties - - - 35,932 - (35,932) 32,535 10% Transfer In - 428,581 428,581 428,581 - -100%- Interest Income 45,000 - 45,000 14,330 - 30,670 32%26,491 -46% Total Revenues 10,665,466$ 428,581$ 11,094,047$ 10,960,565$ -$ 133,482$ 99%7,722,036$ 42% EXPENDITURES Professional Services -$ -$ -$ 9,500$ -$ (9,500)$ 8,030$ 2012 GO Bond Payment 2,200,000 428,581 2,628,581 2,590,000 - 38,581 99%195,000 1228% 2013 GO Refunding Bond 175,000 - 175,000 - - 175,000 0%- Bond Administrative Fees 20,000 - 20,000 1,040 - 18,960 5%440 2014 GO Bond Payment 305,000 - 305,000 - - 305,000 0%- 2015 GO Bond Payment 1,220,300 - 1,220,300 1,220,300 - - 100%463,700 163% 2015 CO Bond Payment 445,000 - 445,000 445,000 - - 100%440,000 1% 2016 GO Debt Payment - - - - - - 625,500 -100% 2016 CO Debt Payment 70,000 - 70,000 70,000 - - 100%55,000 27% 2017 CO Debt Payment 70,000 - 70,000 70,000 - - 100%2 410,000 -83% 2018 GO Debt Payment 145,000 - 145,000 145,000 - - 100%135,000 7% 2018 CO Debt Payment 455,000 - 455,000 455,000 - - 100%175,000 160% 2019 CO Debt Payment 381,123 - 381,123 381,123 - - 100%366,177 4% 2019 GO Debt Payment 155,000 - 155,000 155,000 - - 100%150,000 3% 2020 CO Debt Payment 245,000 - 245,000 245,000 - - 100%805,000 -70% 2021 CO Debt Payment 255,000 - 255,000 310,000 - (55,000) 122%- 2021 GO Debt Payment 1,770,000 - 1,770,000 1,925,000 - (155,000) 109%- Bond Interest Expense 4,741,048 - 4,741,048 2,238,972 - 2,502,076 47%1,717,248 30% Total Expenditures 12,652,471$ 428,581$ 13,081,052$ 10,260,935$ -$ 2,820,117$ 78%5,546,095$ 85% REVENUE OVER (UNDER) EXPENDITURES (1,987,005)$ -$ (1,987,005)$ 699,631$ 2,175,942$ Beginning Fund Balance October 1 2,640,088 2,640,088 2,619,367 Ending Fund Balance Current Month 653,083$ 3,339,719$ 4,795,309$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Annual debt service payments are made in February and August. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2022 Expected Year to Date Percent 83.33% DEBT SERVICE FUND 8 Page 20 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 2,102,918$ -$ 2,102,918$ 2,087,537$ -$ 15,381$ 99%1,657,910$ 26% Interest Income 300 - 300 919 - (619) 306%1,102 -17% Other - - - - - -- Total Revenue 2,103,218$ -$ 2,103,218$ 2,088,455$ -$ 14,763$ 99%1,659,012$ 26% EXPENDITURES Personnel 2,078,008$ -$ 2,078,008$ 1,740,845$ -$ 337,163$ 84%1,212,424$ 44% Other 350 - 350 520 - (170) 278 87% Total Expenditures 2,078,358$ -$ 2,078,358$ 1,741,365$ -$ 336,993$ 84%1,212,702$ 44% REVENUE OVER (UNDER) EXPENDITURES 24,860$ -$ 24,860$ 347,090$ 446,310$ Beginning Fund Balance October 1 430,669 430,669 302,439 Ending Fund Balance Current Month 455,529$ 777,759$ 748,749$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2022 Expected Year to Date Percent 83.33% CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT 9 Page 21 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 2,102,918$ -$ 2,102,918$ 2,083,116$ -$ 19,802$ 99%1,654,277$ 26% Interest Income 300 - 300 571 - (271) 190%322 77% Other - - - - - -- Total Revenue 2,103,218$ -$ 2,103,218$ 2,083,687$ -$ 19,531$ 99%1,654,599$ 26% EXPENDITURES Personnel 2,098,745$ -$ 2,098,745$ 1,851,716$ -$ 247,029$ 88%1,332,094$ 39% Other 350 - 350 512 - (162) 278 84% Total Expenditures 2,099,095$ -$ 2,099,095$ 1,852,229$ -$ 246,866$ 88%1,332,373$ 39% REVENUE OVER (UNDER) EXPENDITURES 4,123$ -$ 4,123$ 231,459$ 322,227$ Beginning Fund Balance October 1 413,785 413,785 203,982 Ending Fund Balance Current Month 417,908$ 645,244$ 526,209$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2022 Expected Year to Date Percent 83.33% FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SEPCIAL PURPOSE DISTRICT 10 Page 22 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Grant Revenue -$ -$ -$ -$ -$ -$ -$ Other Reimbursements 136,500 - 136,500 - - 136,500 0%3 225,360 -100% Interest Income 20,000 - 20,000 13,293 - 6,707 66%21,965 -39% Charges for Services 1,170,198 - 1,170,198 975,165 - 195,033 83%811,259 20% Total Revenue 1,326,698$ -$ 1,326,698$ 988,458$ -$ 338,240$ 75%1,058,584$ -7% EXPENDITURES Vehicle Replacement 352,148$ 394,393$ 746,541$ 557,530$ 34,880$ 154,131$ 79%1,2 471,361$ 18% Equipment Replacement 33,300 - 33,300 - - 33,300 0%1,2 195,259 -100% Technology Replacement 255,700 - 255,700 199,390 - 56,310 78%2 36,143 452% Total Expenditures 641,148$ 394,393$ 1,035,541$ 756,920$ 34,880$ 243,740$ 76%702,763$ 8% REVENUE OVER (UNDER) EXPENDITURES 685,550$ (394,393)$ 291,157$ 231,538$ 355,821$ Beginning Fund Balance October 1 3,957,862 3,957,862 3,741,880 Ending Fund Balance Current Month 4,249,019$ 4,189,400$ 4,097,701$ Notes 1 Replacement vehicle or technology purchases have been encumbered. 2 Replacement vehicle or technology prices slightly higher due to manufacturer price increases. 3 Includes auction proceeds. Auction of vehicles will depend on receipt of replacement vehicles. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2022 Expected Year to Date Percent 83.33% VEHICLE AND EQUIPMENT REPLACEMENT FUND 11 Page 23 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 45-4Storm Drainage Utility Fee 758,100$ -$ 758,100$ 664,232$ -$ 93,868$ 88%607,865$ 9% Drainage Review Fee 3,000 - 3,000 3,628 - (628) 121%2,395 51% 45-4Interest Income 2,200 - 2,200 1,585 - 615 72%3,378 -53% Transfer In - 531,449 531,449 531,449 - -100%- Other Revenue - -- - - -- Total Revenue 763,300$ 531,449$ 1,294,749$ 1,200,894$ -$ 93,855$ 93%613,638$ 96% EXPENDITURES Personnel Services 172,445$ 745$ 173,190$ 121,430$ -$ 51,760$ 70%132,064$ -8% Debt Service 253,142 531,449 784,591 736,206 - 48,386 94%2 201,761 265% 45-7Operating Expenditures 278,595 63,490 342,085 58,606 112,527 170,953 50%45,314 29% Transfers Out 663,157 - 663,157 726,757 - (63,600) 110%1 82,369 782% Total Expenses 1,367,339$ 595,684$ 1,963,023$ 1,642,999$ 112,527$ 207,498$ 89%461,508$ 256% REVENUE OVER (UNDER) EXPENDITURES (604,039)$ (64,235)$ (668,274)$ (442,104)$ 152,130$ Beginning Working Capital October 1 816,012 816,012 632,579 Ending Working Capital Current Month 147,738$ 373,908$ 784,709$ Notes 1 Capital project funds are transferred as needed; General fund transfers are made monthly. 2 Annual debt service payments are made in February and August. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2022 Expected Year to Date Percent 83.33% STORM DRAINAGE UTILITY FUND 12 Page 24 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 60-4Park Dedication-Fees 430,000$ -$ 430,000$ 755,378$ -$ (325,378)$ 176%19,946$ Park Dedication - Transfers In - - - - - - 392,217 -100% 60-4Park Improvements 280,500 - 280,500 299,766 - (19,266) 107%123,370 143% Contributions/Grants - 200,550 200,550 - - 200,550 0%2 500,000 -100% 60-4Interest-Park Dedication 6,000 - 6,000 4,478 - 1,522 75%9,745 -54% 60-4Interest-Park Improvements 5,000 - 5,000 3,592 - 1,408 72%6,341 -43% Total Revenue 721,500$ 200,550$ 922,050$ 1,063,214$ -$ (141,164)$ 115%1,051,618$ 1% EXPENDITURES 60-5Miscellaneous -$ -$ -$ -$ -$ -$ -$ Cockrell Park Trail Connection -$ -$ -$ -$ -$ -$ 421,551$ -100% Park Dedication Land Acquisition - 1,913,800 1,913,800 1,914,647 - (847) 100%- Hike & Bike Master Plan - -- - - -2,594 Hays Park - 31,952 31,952 35,560 - (3,607) 111%1 172,317 -79% Pecan Grove H&B Trail 30,000 - 30,000 - - 30,000 0%- Pecan Grove Park 575,000 150,000 725,000 - - 725,000 0%- Windsong Neighborhood Park - 100,000 100,000 - - 100,000 0%- Capital (Misc. small projects)61,750 - 61,750 12,362 - 49,388 20%- Total Expenses 666,750$ 2,195,752$ 2,862,502$ 1,962,569$ -$ 899,934$ 69%596,462$ 229% REVENUE OVER (UNDER) EXPENDITURES 54,750$ (1,995,202)$ (1,940,452)$ (899,355)$ 455,156$ Beginning Fund Balance October 1 2,894,711 2,894,711 2,660,035 Ending Fund Balance Current Month 954,259$ 1,995,356$ 3,115,191$ Notes 1 Purchase order rolled forward from prior year to pay final invoices and close out capital project. Also includes internal water billing of hydrant meter to capital project. 2 These grant proceeds are based on expenditures. Once the project is awarded and funds expended we will begin requesting reimbursement. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2022 Expected Year to Date Percent 83.33% PARK DEDICATION AND IMPROVEMENT FUNDS 13 Page 25 Item 4. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Impact Fee Revenue: Water Impact Fees -$ -$ -$ 259,800$ (259,800)$ 34,916$ 644% Wastewater Impact Fees - - - 586,197 (586,197) 25,702 2181% East Thoroughfare Impact Fees 200,000 - 200,000 1,323,566 (1,123,566) 662%155,963 749% Property Taxes - Town (Current)627,221 - 627,221 612,991 14,230 98%492,446 24% Property Taxes - Town (Rollback)- - - - - - Property Taxes - County (Current)148,647 - 148,647 144,308 4,339 97%116,706 24% Sales Taxes - Town 761,000 - 761,000 697,810 63,190 92%528,222 32% Sales Taxes - EDC 637,500 - 637,500 584,416 53,084 92%442,386 32% Interest Income 2,000 - 2,000 5,616 (3,616) 281%4,082 38% Transfer In - - - - - - Total Revenue 2,376,368$ -$ 2,376,368$ 4,214,704$ (1,838,336)$ 177%1,800,423$ 134% EXPENDITURES Professional Services -$ -$ -$ -$ -$ - Developer Rebate 2,376,368 - 2,376,368 5,229,934 (2,853,566) 220%1,691,790 Transfers Out - - - - - Total Expenses 2,376,368$ -$ 2,376,368$ 5,229,934$ (2,853,566)$ 220%1,691,790$ REVENUE OVER (UNDER) EXPENDITURES -$ (1,015,229)$ 108,633$ Beginning Fund Balance October 1 1,470,609 1,470,609 301,260 Ending Fund Balance Current Month 1,470,609$ 455,380$ 409,893$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2022 Expected Year to Date Percent 83.33% TIRZ #1 - BLUE STAR 14 Page 26 Item 4. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes - Town (Current)131,145$ -$ 131,145$ 154,136$ (22,991)$ 118%10,901$ 1314% Property Taxes - Town (Rollback)- - - - - 0%- Property Taxes - County (Current)31,081 - 31,081 30,280 801 97%2,583 1072% Sales Taxes - Town - - - - - - Sales Taxes - EDC - - - - - - Interest Income 150 - 150 134 16 89%176 -24% Total Revenue 162,376$ -$ 162,376$ 184,551$ (22,175)$ 114%13,660$ 1251% EXPENDITURES Professional Services -$ -$ -$ -$ - -$ Developer Rebate 162,428 - 162,428 184,549 (22,121) 114%13,771 Transfers Out - - - - - - Total Expenditures 162,428$ -$ 162,428$ 184,549$ (22,121)$ 114%13,771$ REVENUE OVER (UNDER) EXPENDITURES (52)$ 2$ (111)$ Beginning Fund Balance October 1 25,058 25,058 25,189 Ending Fund Balance Current Month 25,006$ 25,060$ 25,078$ TIRZ #2 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2022 Expected Year to Date Percent 83.33% 15 Page 27 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Water 3,500,000$ -$ 3,500,000$ 3,677,351$ Interest Income 20,000 - 20,000 32,902 Total Revenues 3,520,000$ -$ 3,520,000$ 3,710,253$ EXPENDITURES Developer Reimbursements Parks at Legacy Developer Reimb 400,000 400,000 - 400,000 - - 400,000 - 400,000 Star Trail Developer Reimb 400,000 400,000 - 400,000 - - 400,000 - 400,000 Victory at Frontier Developer Reimb 60,000 60,000 - 60,000 - - 60,000 - 60,000 Westside Developer Reimb 100,000 100,000 - 100,000 - - 100,000 - 100,000 TVG Windsong Developer Reimb 350,000 350,000 - 350,000 - - 350,000 - 350,000 Total Developer Reimbursements 1,310,000$ 1,310,000$ -$ 1,310,000$ -$ -$ 1,310,000$ -$ 1,310,000$ Capital Expenditures 12" Water Line - DNT 200,000 - 200,000 200,000 65,406 25,302 109,292 - 309,292 Lower Pressure Plane Easements 1,000,000 900,000 - 900,000 - - 900,000 - 1,000,000 Total Projects 1,200,000$ 900,000$ 200,000$ 1,100,000$ 65,406$ 25,302$ 1,009,292$ -$ 1,309,292$ Transfer to CIP Fund - 9,000,000 - 9,000,000 9,000,000 - - - - Total Transfers Out -$ 9,000,000$ -$ 9,000,000$ 9,000,000$ -$ -$ -$ -$ Total Expenditures 2,510,000$ 11,210,000$ 200,000$ 11,410,000$ 9,065,406$ 25,302$ 2,319,292$ -$ 2,619,292$ REVENUE OVER (UNDER) EXPENDITURES (7,890,000)$ (5,355,154)$ Beginning Fund Balance October 1 9,691,322 9,691,322 Ending Fund Balance Current Month 1,801,322$ 4,336,168$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2022 WATER IMPACT FEES FUND 16 Page 28 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Wastewater 2,000,000$ -$ 2,000,000$ 1,719,508$ Interest Income 16,000 - 16,000 12,163 Upper Trinity Equity Fee 300,000 - 300,000 357,500 Total Revenues 2,316,000$ -$ 2,316,000$ 2,089,171$ EXPENDITURES Developer Reimbursements TVG Westside Utility Developer Reimb 275,000 275,000 - 275,000 189,757 - 85,243 - 85,243 Prosper Partners Utility Developer Reimb - - - -20,440 - (20,440) (20,440) Frontier Estates Developer Reimb 25,000 25,000 - 25,000 1,366 - 23,634 - 23,634 LaCima Developer Reimb 50,000 50,000 - 50,000 3,386 - 46,614 - 46,614 Brookhollow Developer Reimb 220,000 220,000 - 220,000 45,152 - 174,848 - 174,848 TVG Windsong Developer Reimb 600,000 600,000 - 600,000 409,873 - 190,127 - 190,127 All Storage Developer Reimb 50,000 50,000 - 50,000 - - 50,000 - 50,000 Legacy Garden Developer Reimb 75,000 75,000 - 75,000 50,669 - 24,331 - 24,331 Total Developer Reimbursements 1,295,000$ 1,295,000$ -$ 1,295,000$ 720,643$ -$ 574,357$ -$ 574,357$ Capital Expenditures Doe Branch Wastewater Lines - - 475,000 475,000 - 48,600 426,400 426,400 Total Projects -$ -$ 475,000$ 475,000$ -$ 48,600$ 426,400$ -$ 426,400$ Transfer to CIP Fund 1,500,000 1,500,000 - 1,500,000 1,500,000 - - - - Total Transfers Out 1,500,000$ 1,500,000$ -$ 1,500,000$ 1,500,000$ -$ -$ -$ -$ Total Expenditures 2,795,000$ 2,795,000$ 475,000$ 3,270,000$ 2,220,643$ 48,600$ 1,000,757$ -$ 1,000,757$ REVENUE OVER (UNDER) EXPENDITURES (954,000)$ (131,472)$ Beginning Fund Balance October 1 2,733,394 2,733,394 Ending Fund Balance Current Month 1,779,394$ 2,601,922$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2022 WASTEWATER IMPACT FEES FUND 17 Page 29 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES East Thoroughfare Impact Fees 1,200,000$ -$ 1,200,000$ 1,069,583$ East Thoroughfare Other Revenue - - - - West Thoroughfare Impact Fees 4,000,000 - 4,000,000 4,413,285 West Thoroughfare Other Revenue - - - - Interest-East Thoroughfare Impact Fees 9,000 - 9,000 10,028 Interest-West Thoroughfare Impact Fees 15,000 - 15,000 29,471 Total Revenues 5,224,000$ -$ 5,224,000$ 5,522,367$ EXPENDITURES East FM 1461 (SH289-CR 165)175,000 175,000 - 175,000 77,074 - 97,927 - 97,927 Coleman Median Landscape (Talon-Victory)30,000 - 7,750 7,750 2,750 - 5,000 22,225 5,025 Coit Road (First - Frontier)1,289,900 - 364,755 364,755 - - 364,755 922,775 367,125 Traffic Signal - Coit & Richland 56,800 56,800 - 56,800 - - 56,800 50,795 6,005 Transfer to Capital Project Fund 2,180,000 2,180,000 - 2,180,000 2,180,000 - - - - Total East 3,731,700$ 2,411,800$ 372,505$ 2,784,305$ 2,259,824$ -$ 524,481$ 995,795$ 476,082$ West Teel 380 Intersection Improvements 100,000 - 22,125 22,125 24,125 3,000 (5,000) 73,861 - Traffic Signal - 2,185 2,185 13,380 - (11,195) 256,112 - Parks at Legacy Developer Reimb 600,000 600,000 - 600,000 181,590 - 418,410 - 418,410 Star Trail Developer Reimb 1,000,000 1,000,000 - 1,000,000 - - 1,000,000 - 1,000,000 Tellus Windsong Developer Reimb 3,500,000 3,500,000 - 3,500,000 5,513,473 - (2,013,473) - (2,013,473) Legacy Garden Developer Reimb 200,000 200,000 - 200,000 98,040 - 101,960 - 101,960 Total West 5,400,000$ 5,300,000$ 24,310$ 5,324,310$ 5,830,607$ 3,000$ (509,297)$ 329,973$ (493,102)$ Total Expenditures 9,131,700$ 7,711,800$ 396,814$ 8,108,615$ 8,090,430$ 3,000$ 15,184$ 1,325,768$ (17,021)$ REVENUE OVER (UNDER) EXPENDITURES (2,884,615)$ (2,568,064)$ Beginning Fund Balance October 1 10,678,812 10,678,812 Ending Fund Balance Current Month 7,794,198$ 8,110,748$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2022 THOROUGHFARE IMPACT FEES FUND 18 Page 30 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year Police Donation Revenue 14,000$ -$ 14,000$ 12,632$ -$ 1,368$ 90%10,638$ 19% Fire Donation Revenue 13,500 - 13,500 12,456 - 1,044 92%11,709 6% Child Safety Revenue 12,000 - 12,000 14,187 - (2,187) 118%6,739 111% Court Security Revenue 8,000 - 8,000 6,038 - 1,962 75%6,960 -13% Court Technology Revenue 7,000 - 7,000 5,072 - 1,928 72%5,284 -4% Municipal Jury revenue 150 - 150 118 - 32 78%131 -10% Interest Income 1,425 - 1,425 2,340 - (915) 164%3,006 -22% Interest Income CARES/ARPA Funds - - - 10,139 - (10,139) (295) -3536% Tree Mitigation - - - 22,400 - (22,400) 221,875 -90% Miscellaneous - - - 2,997 - (2,997) 3,111 -4% CARES Act/ARPA Funding 3,045,165 - 3,045,165 6,018 - 3,039,147 0%1,419,369 -100% Transfer In - - - - - -- Total Revenue 3,101,240$ -$ 3,101,240$ 94,398$ -$ 3,006,842$ 3%1,688,527$ -94% EXPENDITURES LEOSE Expenditure 6,500$ -$ 6,500$ -$ -$ 6,500$ 0%2,500$ -100% Court Technology Expense - 14,664 14,664 10,688 - 3,976 73%- Court Security Expense 16,936 - 16,936 360 - 16,576 2%4,235 -91% Police Donation Expense 26,204 - 26,204 24,425 - 1,779 93%8,588 184% Fire Donation Expense 5,000 - 5,000 - - 5,000 0%4,693 -100% Child Safety Expense 39,698 - 39,698 2,706 20,780 16,211 59%- Tree Mitigation Expense 400,000 (366,400) 33,600 33,600 - - 100%2 - Police Seizure Expense 8,227 - 8,227 - - 8,227 0%4,250 -100% CARES Act/ARPA Funding - - - - - - 1,420,316 -100% Transfer Out (Tree Mitigation funds)- 366,400 366,400 366,400 - - 100%3 - Total Expenses 502,565$ 14,664$ 517,229$ 438,179$ 20,780$ 58,269$ 85%1,444,582$ -70% REVENUE OVER (UNDER) EXPENDITURES 2,598,675$ (14,664)$ 2,584,011$ (343,782)$ 243,945$ Beginning Fund Balance October 1 848,389 848,389 567,535 Ending Fund Balance Current Month 3,432,400$ 504,607$ 811,480$ Notes 2,3 Funds have been spent/transferred to capital to be used for projects. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2022 Expected Year to Date Percent 83.33% SPECIAL REVENUE FUNDS 19 Page 31 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Grants -$ -$ -$ -$ Bond Proceeds 34,688,033 - 34,688,033 - Interest Income - - - 128,722 Other Revenue - - - - Transfers In - General Fund 4,295,000 2,348,400 6,643,400 5,927,567 Transfers In - Impact Fee Funds 2,180,000 - 2,180,000 2,180,000 Transfers In - Bond Funds - - - 8,279,068 Total Revenues 41,163,033$ 2,348,400$ 43,511,433$ 16,515,357$ EXPENDITURES Frontier Parkway BNSF Overpass 9,143,771 287,783 - 287,783 103,177 - 184,606 8,855,826 184,768 West Prosper Roads 14,168,828 518,952 - 518,952 586 - 518,366 14,016,735 151,507 Traffic Signal (Coit & First)306,300 - 19,500 19,500 - - 19,500 286,799 19,501 BNSF Quiet Zone First/Fifth 145,000 127,186 - 127,186 - - 127,186 17,146 127,854 Prosper Trail (Coit-Custer) 2 Lanes 6,422,068 1,006,205 700,868 1,707,073 1,053,978 - 653,095 4,715,110 652,980 Cook Lane (First-End)20,799 - 20,799 20,799 20,799 - -- (0) Preston/First Turn Lane 100,000 100,000 - 100,000 - - 100,000 - 100,000 First St (DNT to Coleman)4,011,567 2,293,095 310,941 2,604,036 100,175 (163,181) 2,667,042 1,407,531 2,667,042 Fishtrap (Elem-DNT) 4 Lanes 20,754,430 19,689,411 138,563 19,827,974 1,438,558 26,821,712 (8,432,296) 873,947 (8,379,787) First St (Coit-Custer) 4 Lanes 22,085,000 21,012,639 175,800 21,188,439 1,021,011 (22,405,659) 42,573,088 921,427 42,548,222 Fishtrap, Segment 4 (Middle-Elem)2,944,190 205,011 1,714,417 1,919,428 1,757,546 - 161,883 1,085,647 100,997 Preston/Prosper Trail Turn Lane 100,000 100,000 - 100,000 - - 100,000 - 100,000 Victory Way (Coleman-Frontier)2,500,000 - - - - - - 2,284,783 215,217 Craig Street (Preston-Fifth)450,000 450,000 - 450,000 76,220 99,375 274,405 - 274,405 Prosper Trail/DNT Intersection Improvements 2,113,000 - 78,645 78,645 61,059 (0) 17,586 2,034,355 17,586 Fishtrap Section 1 & 4 778,900 19,200 6,500 25,700 - 1,500 24,200 727,808 49,592 Fishtrap Segment 2 (PISD reimbursement)1,063,033 1,063,033 - 1,063,033 938,997 - 133,773 - 124,036 Fishtrap (Teel - Gee Road)6,025,000 6,025,000 - 6,025,000 - (6,025,000) 12,050,000 - 12,050,000 Gee Road (Fishtrap - Windsong)3,520,000 3,520,000 - 3,520,000 - (4,169,579) 7,689,579 - 7,689,579 Teel (US 380 Intersection Improvements)1,280,000 1,180,000 - 1,180,000 - -1,180,000 - 1,280,000 Coleman (Gorgeous - Prosper Trail)5,500,000 700,000 450,000 1,150,000 68,834 230,318 850,849 - 5,200,849 Coleman (Prosper Trail - PHS)3,000,000 675,000 (300,000) 375,000 - - 375,000 - 3,000,000 Legacy (Prairie - Fishtrap)8,225,000 850,000 - 850,000 122,318 113,376 614,307 - 7,989,307 Teel Parkway (US 380 - Fishtrap Rd) NB 2 Lanes (Design)900,000 - 750,000 750,000 52,500 30,000 667,500 - 817,500 Total Street Projects 115,556,886$ 59,822,515$ 4,066,034$ 63,888,549$ 6,815,757$ (5,467,139)$ 62,549,668$ 37,227,114$ 76,981,154$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2022 CAPITAL PROJECTS FUND - GENERAL 20 Page 32 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2022 CAPITAL PROJECTS FUND - GENERAL Downtown Monument 455,000 204,257 43,546 247,803 37,296 - 210,507 207,411 210,293 Turf Irrigation SH289 68,000 19,065 - 19,065 - - 19,065 48,935 19,065 US 380 Median Design (Green Ribbon)821,250 751,550 - 751,550 - - 751,550 65,800 755,450 Whitley Place H&B Trail Extension 750,000 1,621 - 1,621 - - 1,621 734,209 15,791 Whitley Place H&B Trail Extension (Pwr line Esmnt)280,000 44,797 - 44,797 - - 44,797 235,202 44,798 Tanner's Mill Phase 2 Design 1,030,000 951,700 433,621 1,385,321 56,739 625,252 703,330 14,080 333,929 Lakewood Preserve, Phase 2 3,845,000 3,845,000 - 3,845,000 - - 3,845,000 - 3,845,000 Pecan Grove Ph II 67,500 7,606 35,959 43,565 36,630 3,040 29,248 26,435 1,395 Downtown Pond Improvements 120,000 120,000 - 120,000 11,760 - 108,240 - 108,240 Sexton Park Phase I 1,200,000 1,200,000 - 1,200,000 72,896 81,718 1,045,386 - 1,045,386 Gee Road Trail Connection 700,000 700,000 - 700,000 - - 700,000 - 700,000 Coleman Median Landscape (Victory-Preston)650,000 650,000 - 650,000 19,783 (423,469) 1,053,686 - 1,053,686 Prosper Trail Median Landscape 275,000 275,000 - 275,000 7,352 (141,470) 409,118 - 409,118 Coleman Median Landscape (Talon-Victory)454,025 424,050 - 424,050 342,713 - 81,337 - 111,312 Total Park Projects 10,715,775$ 9,194,646$ 513,125$ 9,707,771$ 585,169$ 145,070$ 9,002,886$ 1,332,072$ 8,653,464$ PD Car Camera and Body worn Camera System 387,225 387,225 - 387,225 - 17,000 370,225 - 370,225 Station #3 Quint Engine 1,350,000 1,350,000 145,000 1,495,000 1,194,041 (5,669) 306,628 - 161,628 Station #3 Ambulance 460,000 460,000 35,000 495,000 - - 495,000 - 460,000 Street Broom 36,900 - 43,960 43,960 43,960 - - - (7,060) Storm Siren 33,860 294 33,566 33,860 33,566 - 294 - 294 Scag Wind Storm Blower 9,300 183 - 183 - - 183 - 9,300 Heavy Duty Trailer 18,250 - 26,626 26,626 26,626 - - - (8,376) Verti-Cutter 12,000 - 19,908 19,908 19,908 - - - (7,908) Skid Steer 81,013 - 81,013 81,013 81,013 - - - - Z-Max Spreader/Sprayer 12,000 - 12,590 12,590 12,590 - - - (590) Park Ops Vehicle 25,889 - 27,035 27,035 - - 27,035 - 25,889 Bucket Truck 117,261 - 126,757 126,757 126,757 - - - (9,496) Awnings for Storage 19,800 19,800 - 19,800 1,500 9,600 8,700 - 8,700 Engineering Vehicle 35,998 35,998 - 35,998 - 40,226 (4,228) - (4,228) Public Safety Complex FFE 4,000 4,000 4,000 - - 4,000 - - Public Safety Complex, Phase 2-Design 1,555,615 - 676,700 676,700 415,425 55,894 261,275 - 1,084,296 Public Safety Complex, Phase 2-Dev Costs 670,000 661,750 (22,675) 639,075 55,229 25,238 558,608 - 589,533 Public Safety Complex, Phase 2-Construction 14,500,000 14,499,671 - 14,499,671 2,538,516 3,057,579 8,903,575 - 8,903,904 Public Safety Complex, Phase 2-FFE 1,274,385 1,274,385 - 1,274,385 - (72,538) 1,346,923 - 1,346,923 Fire Engine Station 4 - FUNDS REALLOCATED 1,100,000 1,100,000 (900,000) 200,000 - - 200,000 - 200,000 Fire Station #4 - Design 600,000 600,000 - 600,000 110,618 227,221 270,541 - 262,161 Fire Station #4 - Engine 1,250,000 - 1,250,000 1,250,000 949,757 151,951 148,292 - 148,292 Fire Station #4 - Ambulance 552,000 - 552,000 552,000 - - 552,000 - 552,000 Fire Station #4 - Other Costs 8,250 - -- 8,250 - (8,250) - - Total Facility Projects 24,109,746$ 20,393,306$ 2,111,480$ 22,500,786$ 5,617,757$ 3,506,502$ 13,440,802$ -$ 14,085,487$ Transfer Out - - - - - - - - - Total Expenditures 150,382,407$ 89,410,467$ 6,690,639$ 96,097,107$ 13,018,682$ (1,815,566)$ 84,993,355$ 38,559,186$ 99,720,105$ REVENUE OVER (UNDER) EXPENDITURES (52,585,674)$ 3,496,674$ Beginning Fund Balance (Restricted for Capital Projects) October 1 55,411,735 55,411,735 Ending Fund Balance (Restricted for Capital Projects) Current Month 2,826,061$ 58,908,409$ 21 Page 33 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Year Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Interest Income -$ -$ -$ 17,433$ Bond Proceeds 14,931,000 - 14,931,000 - Transfers In 563,323 - 563,323 643,562 Transfers In - Impact Fee Funds 10,500,000 - 10,500,000 10,500,000 Transfers In - Bond Funds - - - 75,396 Total Revenues 25,994,323$ -$ 25,994,323$ 11,236,391$ EXPENDITURES Lower Pressure Plane Pump Station Design 24,331,100 22,746,000 432,371 23,178,371 34,951 471,692 22,671,729 1,148,013 22,676,445 Fishtrap EST (South)6,433,700 6,000 187,924 193,924 - - 193,924 6,239,583 194,117 Water Supply Line Phase I 13,181,703 133,230 37,227 170,457 - - 170,457 12,956,822 224,881 Custer Rd Meter Station/Water Line Relocation 3,866,832 32,598 49,421 82,019 590 73,003 8,426 3,795,144 (1,905) E-W Collector (Cook-DNT)680,775 128,000 5,400 133,400 - - 133,400 547,223 133,552 Doe Branch Parallel Interceptor - - 4,500 4,500 4,500 - - - (4,500) Fishtrap (Elem-DNT) Water Line 5,000,000 5,000,000 - 5,000,000 - - 5,000,000 - 5,000,000 Total Water & Wastewater Projects 53,494,110$ 28,045,828$ 716,843$ 28,762,671$ 40,041$ 544,695$ 28,177,936$ 24,686,785$ 28,222,590$ Old Town Drainage 665,000 50,000 - 50,000 - - 50,000 603,142 61,858 Frontier Park/Preston Lakes Drainage 1,085,000 985,000 - 985,000 459 558,414 426,127 36,510 489,617 Old Town Regional Pond #2 385,000 - 45,751 45,751 28,638 - 17,114 2,572 353,790 Old Town Drainage Broadway Design & Construction 691,686 60,240 6,398 66,638 3,220 6,398 57,020 318,568 363,500 Total Drainage Projects 2,826,686$ 1,095,240$ 52,149$ 1,147,389$ 32,317$ 564,812$ 550,260$ 960,792$ 1,268,765$ Transfer out - - - - - - - Total Expenses 56,320,796$ 29,141,068$ 768,992$ 29,910,060$ 72,358$ 1,109,507$ 28,728,196$ 25,647,577$ 29,491,355$ (3,915,737)$ 11,164,033$ Beginning Fund Balance (Restricted for Capital Projects) October 1 5,258,203 5,258,203 Ending Fund Balance (Restricted for Capital Projects) Current Month 1,342,466$ 16,422,236$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2022 CAPITAL PROJECTS FUND-WATER/SEWER 22 Page 34 Item 4. Prosper is a place where everyone matters. MONTHLY FINANCIAL REPORT as of August 31, 2022 Budgetary Basis Prepared by Finance Department May 23, 2023 1 Page 35 Item 4. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT AUGUST 2022 Table of Contents Dashboard Charts 3 - 4 General Fund 5 Water-Sewer Fund 6 - 7 Debt Service Fund 8 Crime Control and Prevention Special Purpose District 9 Fire Control, Prevention, and Emergency Medical Services Special Purpose District 10 Vehicle and Equipment Replacement Fund 11 Storm Drainage Utility Fund 12 Park Dedication and Improvement Fund 13 TIRZ #1 - Blue Star 14 TIRZ #2 15 Water Impact Fees Fund 16 Wastewater Impact Fees Fund 17 Thoroughfare Impact Fees Fund 18 Special Revenue Fund 19 Capital Projects Fund-General 20 Capital Projects Fund-Water/Sewer 22 2 Page 36 Item 4. $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 Total Budget YTD Budget YTD Actual Building Permit Revenues 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Town of Prosper, Texas Sales Tax Revenue by Month FY 18/19 FY 19/20 FY 20/21 FY 21/22 3 Page 37 Item 4. $46.278 $42.421 $38.227 $40.009 $36.674 $39.430 $- $5 $10 $15 $20 $25 $30 $35 $40 $45 $50 Total Budget YTD Budget YTD Actual In Millions General Fund Revenues and Expenditures Revenues Expenditures $33.176 $30.412 $25.043 $30.455 $27.917 $28.758 $- $5 $10 $15 $20 $25 $30 $35 Total Budget YTD Budget YTD Actual In Millions Water -Sewer Fund Revenues and Expenditures Revenues Expenditures 4 Page 38 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actuals Encumbrances Budget Balance YTD Percent Note YTD Actuals Prior Year REVENUES Property Taxes 19,256,473$ 60,000$ 19,316,473$ 19,039,403$ -$ 277,070$ 99%1 18,573,983$ 3% Sales Taxes 7,972,237 1,147,446 9,119,683 8,832,389 - 287,294 97%7,151,751 23% Franchise Fees 1,997,889 (292,095) 2,289,984 1,800,500 - 489,484 79%2 1,330,113 35% Building Permits 3,751,000 249,000 4,000,000 4,185,824 - (185,824) 105%5,719,685 -27% Other Licenses, Fees & Permits 1,307,700 (389,550) 1,697,250 2,039,798 - (342,548) 120%2,081,676 -2% Charges for Services 576,873 (325,600) 902,473 901,291 - 1,182 100%559,198 61% Fines & Warrants 325,000 75,000 250,000 224,361 - 25,639 90%256,871 -13% Intergovernmental Revenue (Grants)232,914 (16,495) 216,419 329,434 - (113,015) 152%553,327 -40% Interest Income 70,000 (20,000) 90,000 93,301 - (3,301) 104%132,246 -29% Transfers In 1,100,514 - 1,100,514 1,008,805 - 91,709 92%982,502 3% Miscellaneous 329,481 2,144,006 568,997 665,863 - (96,866) 117%196,429 239% Park Fees 377,000 79,750 456,750 309,420 - 147,330 68%354,915 -13% Total Revenues 37,297,081$ 2,711,462$ 40,008,543$ 39,430,389$ -$ 578,154$ 99%37,892,696$ 4% EXPENDITURES Administration 7,222,692$ 1,397,703$ 8,620,395$ 7,308,519$ 286,684$ 1,025,192$ 88%5,846,790$ 25% Police 6,520,223 268,926 6,789,149 5,490,742 99,445 1,198,962 82%4,810,481 14% Fire/EMS 8,738,347 2,062,727 10,801,074 10,260,668 642 539,763 95%8,413,325 22% Public Works 3,697,980 589,669 4,287,649 2,628,116 307,962 1,351,571 68%1,832,435 43% Community Services 6,575,735 377,361 6,953,096 6,056,521 45,948 850,628 88%3,898,775 55% Development Services 4,211,352 378,303 4,589,655 3,103,613 18,120 1,467,921 68%2,997,723 4% Engineering 4,175,692 60,881 4,236,573 3,378,953 - 857,619 80%1,723,018 96% Total Expenses 41,142,021$ 5,135,569$ 46,277,590$ 38,227,133$ 758,800$ 7,291,656$ 84%29,522,547$ 29% REVENUE OVER (UNDER) EXPENDITURES (3,844,940)$ (2,424,107)$ (6,269,047)$ 1,203,256$ 8,370,149$ Beginning Fund Balance October 1-Unassigned/Unrestricted 20,242,707 20,242,707 13,923,232 Ending Fund Balance 13,973,660$ 21,445,963$ 22,293,381$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Franchise fees and other various license and fees are paid quarterly or annually. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2022 Expected Year to Date Percent 91.67% GENERAL FUND 5 Page 39 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Water Charges for Services 15,179,476$ -$ 15,179,476$ 17,127,739$ -$ (1,948,263)$ 113%13,084,063$ 31% Sewer Charges for Services 8,972,771 - 8,972,771 8,796,731 - 176,040 98%7,687,123 14% Sanitation Charges for Services 1,779,679 - 1,779,679 1,792,252 - (12,573) 101%1,479,650 21% Licenses, Fees & Permits 214,370 - 214,370 249,369 - (34,999) 116%207,588 20% Utility Billing Penalties 142,000 - 142,000 176,372 - (34,372) 124%58,863 Interest Income 40,000 - 40,000 40,637 - (637) 102%49,192 -17% Other 4,126,549 - 4,126,549 575,069 - 3,551,480 14%1 744,088 -23% Transfer In - - - - - - - Total Revenues 30,454,845$ -$ 30,454,845$ #28,758,170$ -$ 1,696,675$ 94%23,310,567$ 23% EXPENDITURES Administration 3,091,532$ 21,449$ 3,112,981$ 2,753,695$ 29,300$ 329,986 89%2,384,080$ 16% Debt Service 3,713,517 2,618,251 6,331,768 6,244,386 - 87,382 99%2 3,702,020 69% Water Purchases 7,701,317 - 7,691,497 6,560,828 - 1,130,669 85%6,205,692 6% Public Works 15,694,874 335,317 16,040,011 9,484,387 188,432 6,367,192 60%8,211,711 15% Total Expenses 30,201,240$ 2,975,017$ 33,176,257$ 25,043,296$ 217,732$ 7,915,229$ 76%20,503,503$ 22% REVENUE OVER (UNDER) EXPENDITURES 253,605$ (2,975,017)$ (2,721,412)$ 3,714,874$ 2,807,064$ Beginning Working Capital October 1 10,914,365 10,914,365 6,867,399 Ending Working Capital 8,192,953$ 14,629,239$ 9,674,463$ Notes 1 Largest portion of this ($3.89M) is TxDOT reimbursement for Custer Water Line relocation. 2 Annual debt service payments are made in February and August. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2022 Expected Year to Date Percent 91.67% WATER-SEWER FUND 6 Page 40 Item 4. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2022 Expected Year to Date Percent 91.67% WATER-SEWER FUND Aug-22 Aug-21 Growth % Average Monthly Average Cumulative WATER SEWER WATER SEWER Change # of Accts Residential 11,790 11,053 10,795 10,102 9.31%October 9.9%9.9% # of Accts Commercial 497 369 473 351 5.10%November 6.9%16.8% Consumption-Residential 328,868,270 79,991,923 216,959,530 65,994,730 44.50%December 5.4%22.2% Consumption-Commercial 111,391,700 16,837,820 68,106,020 14,484,840 55.26%January 4.3%26.6% Average Residential Water Consumption 27,840 20,047 38.87%February 4.5%31.1% Billed ($) Residential 2,335,858$ 703,705$ 1,479,872$ 608,029$ 57.84%March 4.4%35.5% Billed ($) Commercial 1,039,963 134,089 624,178 119,473 66.61%April 6.0%41.5% Total Billed ($) 3,375,821$ 837,794$ 2,104,050$ 727,502$ 48.81%May 7.3%48.8% June 9.0%57.8% July 12.6%70.4% August 16.6%87.0% September 13.0%100.0% Sep-21 0.25 Sep-20 3.87 Oct-21 2.96 Oct-20 1.74 Nov-21 3.11 Nov-20 1.08 Dec-21 0.43 Dec-20 3.00 Jan-22 0.08 Jan-21 0.85 Feb-22 2.03 Feb-21 2.22 Mar-22 2.12 Mar-21 3.03 Apr-22 2.54 Apr-21 4.50 May-22 3.00 May-21 7.77 Jun-22 2.64 Jun-21 2.15 Jul-22 0.41 Jul-21 2.98 Aug-22 10.68 Aug-21 4.82 Average rainfall for August is 2.18 Rainfall 7 Page 41 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes-Delinquent 75,000$ -$ 75,000$ 64,800$ -$ 10,200$ 86%76,268$ -15% Property Taxes-Current 10,545,466 - 10,545,466 10,430,190 - 115,276 99%1 7,590,065 37% Taxes-Penalties - - - 38,186 - (38,186) 32,764 17% Transfer In - 428,581 428,581 428,581 - - 100%- Interest Income 45,000 - 45,000 14,429 - 30,571 32%28,446 -49% Total Revenues 10,665,466$ 428,581$ 11,094,047$ 10,976,186$ -$ 117,861$ 99%7,727,543$ 42% EXPENDITURES Professional Services -$ -$ -$ 9,500$ -$ (9,500)$ 8,030$ 2012 GO Bond Payment 2,200,000 428,581 2,628,581 2,590,000 - 38,581 99%195,000 1228% 2013 GO Refunding Bond 175,000 - 175,000 175,000 - - 100%170,000 Bond Administrative Fees 20,000 - 20,000 2,805 - 17,195 14%1,930 2014 GO Bond Payment 305,000 - 305,000 305,000 - - 100%285,000 2015 GO Bond Payment 1,220,300 - 1,220,300 1,220,300 - - 100%463,700 163% 2015 CO Bond Payment 445,000 - 445,000 445,000 - - 100%440,000 1% 2016 GO Debt Payment - - - - - - 625,500 -100% 2016 CO Debt Payment 70,000 - 70,000 70,000 - - 100%55,000 27% 2017 CO Debt Payment 70,000 - 70,000 70,000 - - 100%2 410,000 -83% 2018 GO Debt Payment 145,000 - 145,000 145,000 - - 100%135,000 7% 2018 CO Debt Payment 455,000 - 455,000 455,000 - - 100%175,000 160% 2019 CO Debt Payment 381,123 - 381,123 381,123 - - 100%366,177 4% 2019 GO Debt Payment 155,000 - 155,000 155,000 - - 100%150,000 3% 2020 CO Debt Payment 245,000 - 245,000 245,000 - - 100%805,000 -70% 2021 CO Debt Payment 255,000 - 255,000 310,000 - (55,000) 122%- 2021 GO Debt Payment 1,770,000 - 1,770,000 1,925,000 - (155,000) 109%- Bond Interest Expense 4,741,048 - 4,741,048 4,493,389 - 247,659 95%3,404,363 32% Total Expenditures 12,652,471$ 428,581$ 13,081,052$ 12,997,117$ -$ 83,935$ 99%7,689,700$ 69% REVENUE OVER (UNDER) EXPENDITURES (1,987,005)$ -$ (1,987,005)$ (2,020,931)$ 37,843$ Beginning Fund Balance October 1 2,640,088 2,640,088 2,619,367 Ending Fund Balance Current Month 653,083$ 619,157$ 2,657,210$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Annual debt service payments are made in February and August. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2022 Expected Year to Date Percent 91.67% DEBT SERVICE FUND 8 Page 42 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 2,102,918$ -$ 2,102,918$ 2,343,292$ -$ (240,374)$ 111%1,885,621$ 24% Interest Income 300 - 300 1,199 - (899) 400%1,502 -20% Other - - - - - - - Total Revenue 2,103,218$ -$ 2,103,218$ 2,344,491$ -$ (241,273)$ 111%1,887,123$ 24% EXPENDITURES Personnel 2,078,008$ -$ 2,078,008$ 1,912,002$ -$ 166,006$ 92%1,325,169$ 44% Other 350 - 350 520 - (170) 278 87% Total Expenditures 2,078,358$ -$ 2,078,358$ 1,912,522$ -$ 165,836$ 92%1,325,448$ 44% REVENUE OVER (UNDER) EXPENDITURES 24,860$ -$ 24,860$ 431,969$ 561,675$ Beginning Fund Balance October 1 430,669 430,669 302,439 Ending Fund Balance Current Month 455,529$ 862,638$ 864,114$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2022 Expected Year to Date Percent 91.67% CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT 9 Page 43 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 2,102,918$ -$ 2,102,918$ 2,338,686$ -$ (235,768)$ 111%1,879,724$ 24% Interest Income 300 - 300 797 - (497) 266%548 46% Other - - - - - - - Total Revenue 2,103,218$ -$ 2,103,218$ 2,339,484$ -$ (236,266)$ 111%1,880,272$ 24% EXPENDITURES Personnel 2,098,745$ -$ 2,098,745$ 2,003,593$ -$ 95,152$ 95%1,458,281$ 37% Other 350 - 350 512 - (162) 278 84% Total Expenditures 2,099,095$ -$ 2,099,095$ 2,004,105$ -$ 94,990$ 95%1,458,560$ 37% REVENUE OVER (UNDER) EXPENDITURES 4,123$ -$ 4,123$ 335,378$ 421,712$ Beginning Fund Balance October 1 413,785 413,785 203,982 Ending Fund Balance Current Month 417,908$ 749,163$ 625,694$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2022 Expected Year to Date Percent 91.67% FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SEPCIAL PURPOSE DISTRICT 10 Page 44 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Grant Revenue -$ -$ -$ -$ -$ -$ -$ Other Reimbursements 136,500 - 136,500 6,692 - 136,500 5%3 308,637 -98% Interest Income 20,000 - 20,000 15,769 - 6,707 79%25,029 -37% Charges for Services 1,170,198 - 1,170,198 1,072,681 - 195,033 92%811,766 32% Total Revenue 1,326,698$ -$ 1,326,698$ 1,095,142$ -$ 338,240$ 83%1,145,432$ -4% EXPENDITURES Vehicle Replacement 352,148$ 394,393$ 746,541$ 681,033$ 123,503$ 154,131$ 108%1,2 471,361$ 44% Equipment Replacement 33,300 - 33,300 - - 33,300 0%1,2 223,517 -100% Technology Replacement 255,700 - 255,700 199,390 - 56,310 78%2 36,379 448% Total Expenditures 641,148$ 394,393$ 1,035,541$ 880,423$ 123,503$ 243,740$ 97%731,257$ 20% REVENUE OVER (UNDER) EXPENDITURES 685,550$ (394,393)$ 291,157$ 214,719$ 414,174$ Beginning Fund Balance October 1 3,957,862 3,957,862 3,741,880 Ending Fund Balance Current Month 4,249,019$ 4,172,581$ 4,156,054$ Notes 1 Replacement vehicle or technology purchases have been encumbered. 2 Replacement vehicle or technology prices slightly higher due to manufacturer price increases. 3 Includes auction proceeds. Auction of vehicles will depend on receipt of replacement vehicles. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2022 Expected Year to Date Percent 91.67% VEHICLE AND EQUIPMENT REPLACEMENT FUND 11 Page 45 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 45-4 Storm Drainage Utility Fee 758,100$ -$ 758,100$ 733,298$ -$ 93,868$ 97%671,952$ 9% Drainage Review Fee 3,000 - 3,000 7,978 - (628) 266%6,370 25% 45-4 Interest Income 2,200 - 2,200 1,473 - 615 67%3,875 -62% Transfer In - 531,449 531,449 531,449 - - 100%- Other Revenue - - - - - - - Total Revenue 763,300$ 531,449$ 1,294,749$ 1,274,199$ -$ 93,855$ 98%682,197$ 87% EXPENDITURES Personnel Services 172,445$ 745$ 173,190$ 134,188$ -$ 39,002$ 77%145,921$ -8% Debt Service 253,142 531,449 784,591 771,693 - 12,898 98%2 245,592 214% 45-7 Operating Expenditures 278,595 63,490 342,085 70,839 103,243 168,003 51%53,016 34% Transfers Out 663,157 - 663,157 1,123,394 - (460,237) 169%1 90,606 1140% Total Expenses 1,367,339$ 595,684$ 1,963,023$ 2,100,113$ 103,243$ (240,333)$ 112%535,135$ 292% REVENUE OVER (UNDER) EXPENDITURES (604,039)$ (64,235)$ (668,274)$ (825,915)$ 147,061$ Beginning Working Capital October 1 816,012 816,012 632,579 Ending Working Capital Current Month 147,738$ (9,903)$ 779,640$ Notes 1 Capital project funds are transferred as needed; General fund transfers are made monthly. 2 Annual debt service payments are made in February and August. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2022 Expected Year to Date Percent 91.67% STORM DRAINAGE UTILITY FUND 12 Page 46 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 60-4 Park Dedication-Fees 430,000$ -$ 430,000$ 755,378$ -$ (325,378)$ 176%19,946$ Park Dedication - Transfers In - - - - - - 392,217 -100% 60-4 Park Improvements 280,500 - 280,500 299,766 - (19,266) 107%123,370 143% Contributions/Grants - 200,550 200,550 - - 200,550 0%2 500,000 -100% 60-4 Interest-Park Dedication 6,000 - 6,000 4,992 - 1,009 83%11,155 -55% 60-4 Interest-Park Improvements 5,000 - 5,000 4,322 - 679 86%7,229 -40% Total Revenue 721,500$ 200,550$ 922,050$ 1,064,458$ -$ (142,408)$ 115%1,053,917$ 1% EXPENDITURES 60-5 Miscellaneous -$ -$ -$ -$ -$ -$ -$ Cockrell Park Trail Connection -$ -$ -$ -$ -$ -$ 421,551$ -100% Park Dedication Land Acquisition - 1,913,800 1,913,800 1,914,647 - (847) 100%- Hike & Bike Master Plan - - - - - - 2,594 Hays Park - 31,952 31,952 35,560 - (3,607) 111%1 172,317 -79% Pecan Grove H&B Trail 30,000 - 30,000 - - 30,000 0%- Pecan Grove Park 575,000 150,000 725,000 - - 725,000 0%- Windsong Neighborhood Park - 100,000 100,000 - - 100,000 0%- Capital (Misc. small projects)61,750 - 61,750 12,396 23,797 25,557 59%- Total Expenses 666,750$ 2,195,752$ 2,862,502$ 1,962,603$ 23,797$ 876,102$ 69%596,462$ 229% REVENUE OVER (UNDER) EXPENDITURES 54,750$ (1,995,202)$ (1,940,452)$ (898,145)$ 457,455$ Beginning Fund Balance October 1 2,894,711 2,894,711 2,660,035 Ending Fund Balance Current Month 954,259$ 1,996,566$ 3,117,490$ Notes 1 Purchase order rolled forward from prior year to pay final invoices and close out capital project. Also includes internal water billing of hydrant meter to capital project. 2 These grant proceeds are based on expenditures. Once the project is awarded and funds expended we will begin requesting reimbursement. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2022 Expected Year to Date Percent 91.67% PARK DEDICATION AND IMPROVEMENT FUNDS 13 Page 47 Item 4. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Impact Fee Revenue: Water Impact Fees -$ -$ -$ 308,704$ (308,704)$ 34,916$ 784% Wastewater Impact Fees - - - 610,020 (610,020) 25,702 2273% East Thoroughfare Impact Fees 200,000 - 200,000 1,826,931 (1,626,931) 913%155,963 1071% Property Taxes - Town (Current)627,221 - 627,221 612,991 14,230 98%492,446 24% Property Taxes - Town (Rollback)- - - - - - Property Taxes - County (Current)148,647 - 148,647 144,308 4,339 97%116,706 24% Sales Taxes - Town 761,000 - 761,000 783,172 (22,172) 103%598,288 31% Sales Taxes - EDC 637,500 - 637,500 655,906 (18,406) 103%501,066 31% Interest Income 2,000 - 2,000 5,892 (3,892) 295%4,348 36% Transfer In - - - - - - Total Revenue 2,376,368$ -$ 2,376,368$ 4,947,925$ (2,571,557)$ 208%1,929,436$ 156% EXPENDITURES Professional Services -$ -$ -$ -$ -$ - Developer Rebate 2,376,368 - 2,376,368 5,229,934 (2,853,566) 220%1,691,790 Transfers Out - - - - - Total Expenses 2,376,368$ -$ 2,376,368$ 5,229,934$ (2,853,566)$ 220%1,691,790$ REVENUE OVER (UNDER) EXPENDITURES -$ (282,009)$ 237,646$ Beginning Fund Balance October 1 1,470,609 1,470,609 301,260 Ending Fund Balance Current Month 1,470,609$ 1,188,600$ 538,906$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2022 Expected Year to Date Percent 91.67% TIRZ #1 - BLUE STAR 14 Page 48 Item 4. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes - Town (Current)131,145$ -$ 131,145$ 154,136$ (22,991)$ 118%10,901$ 1314% Property Taxes - Town (Rollback)- - - - - 0%- Property Taxes - County (Current)31,081 - 31,081 30,280 801 97%2,583 1072% Sales Taxes - Town - - - - - - Sales Taxes - EDC - - - - - - Interest Income 150 - 150 131 19 87%194 -33% Total Revenue 162,376$ -$ 162,376$ 184,548$ (22,172)$ 114%13,678$ 1249% EXPENDITURES Professional Services -$ -$ -$ -$ - -$ Developer Rebate 162,428 - 162,428 184,549 (22,121) 114%13,585 Transfers Out - - - - - - Total Expenditures 162,428$ -$ 162,428$ 184,549$ (22,121)$ 114%13,585$ REVENUE OVER (UNDER) EXPENDITURES (52)$ (1)$ 93$ Beginning Fund Balance October 1 25,058 25,058 25,189 Ending Fund Balance Current Month 25,006$ 25,057$ 25,282$ TIRZ #2 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2022 Expected Year to Date Percent 91.67% 15 Page 49 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Water 3,500,000$ -$ 3,500,000$ 4,119,308$ Interest Income 20,000 - 20,000 34,970 Total Revenues 3,520,000$ -$ 3,520,000$ 4,154,278$ EXPENDITURES Developer Reimbursements Parks at Legacy Developer Reimb 400,000 400,000 - 400,000 - - 400,000 - 400,000 Star Trail Developer Reimb 400,000 400,000 - 400,000 - - 400,000 - 400,000 Victory at Frontier Developer Reimb 60,000 60,000 - 60,000 - - 60,000 - 60,000 Westside Developer Reimb 100,000 100,000 - 100,000 - - 100,000 - 100,000 TVG Windsong Developer Reimb 350,000 350,000 - 350,000 - - 350,000 - 350,000 Total Developer Reimbursements 1,310,000$ 1,310,000$ -$ 1,310,000$ -$ -$ 1,310,000$ -$ 1,310,000$ Capital Expenditures 12" Water Line - DNT 200,000 - 200,000 200,000 74,088 16,620 109,292 - 309,292 Lower Pressure Plane Easements 1,000,000 900,000 - 900,000 - - 900,000 - 1,000,000 Total Projects 1,200,000$ 900,000$ 200,000$ 1,100,000$ 74,088$ 16,620$ 1,009,292$ -$ 1,309,292$ Transfer to CIP Fund - 9,000,000 - 9,000,000 9,000,000 - - - - Total Transfers Out -$ 9,000,000$ -$ 9,000,000$ 9,000,000$ -$ -$ -$ -$ Total Expenditures 2,510,000$ 11,210,000$ 200,000$ 11,410,000$ 9,074,088$ 16,620$ 2,319,292$ -$ 2,619,292$ REVENUE OVER (UNDER) EXPENDITURES (7,890,000)$ (4,919,810)$ Beginning Fund Balance October 1 9,691,322 9,691,322 Ending Fund Balance Current Month 1,801,322$ 4,771,512$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2022 WATER IMPACT FEES FUND 16 Page 50 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Wastewater 2,000,000$ -$ 2,000,000$ 1,966,952$ Interest Income 16,000 - 16,000 13,389 Upper Trinity Equity Fee 300,000 - 300,000 392,500 Total Revenues 2,316,000$ -$ 2,316,000$ 2,372,840$ EXPENDITURES Developer Reimbursements TVG Westside Utility Developer Reimb 275,000 275,000 - 275,000 410,437 - (135,437) - (135,437) Prosper Partners Utility Developer Reimb - - - - 20,440 - (20,440) (20,440) Frontier Estates Developer Reimb 25,000 25,000 - 25,000 7,693 - 17,307 - 17,307 LaCima Developer Reimb 50,000 50,000 - 50,000 3,386 - 46,614 - 46,614 Brookhollow Developer Reimb 220,000 220,000 - 220,000 45,152 - 174,848 - 174,848 TVG Windsong Developer Reimb 600,000 600,000 - 600,000 714,649 - (114,649) - (114,649) All Storage Developer Reimb 50,000 50,000 - 50,000 - - 50,000 - 50,000 Legacy Garden Developer Reimb 75,000 75,000 - 75,000 68,877 - 6,123 - 6,123 Total Developer Reimbursements 1,295,000$ 1,295,000$ -$ 1,295,000$ 1,270,634$ -$ 24,366$ -$ 24,366$ Capital Expenditures Doe Branch Wastewater Lines - - 475,000 475,000 - 48,600 426,400 426,400 Total Projects -$ -$ 475,000$ 475,000$ -$ 48,600$ 426,400$ -$ 426,400$ Transfer to CIP Fund 1,500,000 1,500,000 - 1,500,000 1,500,000 - - - - Total Transfers Out 1,500,000$ 1,500,000$ -$ 1,500,000$ 1,500,000$ -$ -$ -$ -$ Total Expenditures 2,795,000$ 2,795,000$ 475,000$ 3,270,000$ 2,770,634$ 48,600$ 450,766$ -$ 450,766$ REVENUE OVER (UNDER) EXPENDITURES (954,000)$ (397,794)$ Beginning Fund Balance October 1 2,733,394 2,733,394 Ending Fund Balance Current Month 1,779,394$ 2,335,600$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2022 WASTEWATER IMPACT FEES FUND 17 Page 51 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES East Thoroughfare Impact Fees 1,200,000$ -$ 1,200,000$ 1,168,520$ East Thoroughfare Other Revenue - - - - West Thoroughfare Impact Fees 4,000,000 - 4,000,000 5,328,261 West Thoroughfare Other Revenue - - - - Interest-East Thoroughfare Impact Fees 9,000 - 9,000 10,857 Interest-West Thoroughfare Impact Fees 15,000 - 15,000 33,253 Total Revenues 5,224,000$ -$ 5,224,000$ 6,540,890$ EXPENDITURES East FM 1461 (SH289-CR 165)175,000 175,000 - 175,000 77,074 - 97,927 - 97,927 Coleman Median Landscape (Talon-Victory)30,000 - 7,750 7,750 2,975 - 4,775 22,225 4,800 Coit Road (First - Frontier)1,289,900 - 364,755 364,755 - - 364,755 922,775 367,125 Traffic Signal - Coit & Richland 56,800 56,800 - 56,800 - - 56,800 50,795 6,005 Transfer to Capital Project Fund 2,180,000 2,180,000 - 2,180,000 2,180,000 - - - - Total East 3,731,700$ 2,411,800$ 372,505$ 2,784,305$ 2,260,049$ -$ 524,256$ 995,795$ 475,857$ West Teel 380 Intersection Improvements 100,000 - 22,125 22,125 24,125 3,000 (5,000) 73,861 - Traffic Signal - 2,185 2,185 13,380 - (11,195) 256,112 - Parks at Legacy Developer Reimb 600,000 600,000 - 600,000 181,590 - 418,410 - 418,410 Star Trail Developer Reimb 1,000,000 1,000,000 - 1,000,000 - - 1,000,000 - 1,000,000 Tellus Windsong Developer Reimb 3,500,000 3,500,000 - 3,500,000 5,906,259 - (2,406,259) - (2,406,259) Legacy Garden Developer Reimb 200,000 200,000 - 200,000 98,040 - 101,960 - 101,960 Total West 5,400,000$ 5,300,000$ 24,310$ 5,324,310$ 6,223,393$ 3,000$ (902,083)$ 329,973$ (885,889)$ Total Expenditures 9,131,700$ 7,711,800$ 396,814$ 8,108,615$ 8,483,442$ 3,000$ (377,827)$ 1,325,768$ (410,032)$ REVENUE OVER (UNDER) EXPENDITURES (2,884,615)$ (1,942,551)$ Beginning Fund Balance October 1 10,678,812 10,678,812 Ending Fund Balance Current Month 7,794,198$ 8,736,261$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2022 THOROUGHFARE IMPACT FEES FUND 18 Page 52 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year Police Donation Revenue 14,000$ -$ 14,000$ 16,406$ -$ (2,406)$ 117%13,000$ 26% Fire Donation Revenue 13,500 - 13,500 16,231 - (2,731) 120%13,410 21% Child Safety Revenue 12,000 - 12,000 21,614 - (9,614) 180%10,623 103% Court Security Revenue 8,000 - 8,000 6,794 - 1,206 85%7,755 -12% Court Technology Revenue 7,000 - 7,000 5,704 - 1,296 81%6,637 -14% Municipal Jury revenue 150 - 150 132 - 18 88%146 -9% Interest Income 1,425 - 1,425 2,621 - (1,196) 184%3,632 -28% Interest Income CARES/ARPA Funds - - - 11,950 - (11,950) 1,950 513% Tree Mitigation - - - 22,400 - (22,400) 339,213 -93% Miscellaneous - - - 2,997 - (2,997) 3,111 -4% CARES Act/ARPA Funding 3,045,165 - 3,045,165 6,018 - 3,039,147 0%4,464,534 -100% Transfer In - - - - - - - Total Revenue 3,101,240$ -$ 3,101,240$ 112,867$ -$ 2,988,373$ 4%4,864,011$ -98% EXPENDITURES LEOSE Expenditure 6,500$ -$ 6,500$ -$ -$ 6,500$ 0%2,500$ -100% Court Technology Expense - 14,664 14,664 10,688 - 3,976 73%1,560 Court Security Expense 16,936 - 16,936 1,068 - 15,868 6%4,235 -75% Police Donation Expense 26,204 - 26,204 24,425 - 1,779 93%10,318 137% Fire Donation Expense 5,000 - 5,000 - - 5,000 0%7,446 -100% Child Safety Expense 39,698 - 39,698 23,486 - 16,212 59%- Tree Mitigation Expense 400,000 (366,400) 33,600 33,600 - - 100%2 - Police Seizure Expense 8,227 - 8,227 - - 8,227 0%4,250 -100% CARES Act/ARPA Funding - - - - - - 1,420,316 -100% Transfer Out (Tree Mitigation funds)- 366,400 366,400 366,400 - - 100%3 - Total Expenses 502,565$ 14,664$ 517,229$ 459,667$ -$ 57,562$ 89%1,450,625$ -68% REVENUE OVER (UNDER) EXPENDITURES 2,598,675$ (14,664)$ 2,584,011$ (346,800)$ 3,413,386$ Beginning Fund Balance October 1 848,389 848,389 567,535 Ending Fund Balance Current Month 3,432,400$ 501,589$ 3,980,921$ Notes 2,3 Funds have been spent/transferred to capital to be used for projects. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2022 Expected Year to Date Percent 91.67% SPECIAL REVENUE FUNDS 19 Page 53 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Grants -$ -$ -$ -$ Bond Proceeds 34,688,033 - 34,688,033 - Interest Income - - - 164,904 Other Revenue - - - - Transfers In - General Fund 4,295,000 2,348,400 6,643,400 6,285,483 Transfers In - Impact Fee Funds 2,180,000 - 2,180,000 2,180,000 Transfers In - Bond Funds - - - 12,954,985 Total Revenues 41,163,033$ 2,348,400$ 43,511,433$ 21,585,372$ EXPENDITURES Frontier Parkway BNSF Overpass 9,143,771 287,783 - 287,783 103,177 - 184,606 8,855,826 184,768 West Prosper Roads 14,168,828 518,952 - 518,952 586 - 518,366 14,016,735 151,507 Traffic Signal (Coit & First)306,300 - 19,500 19,500 - - 19,500 286,799 19,501 BNSF Quiet Zone First/Fifth 145,000 127,186 - 127,186 - - 127,186 17,146 127,854 Prosper Trail (Coit-Custer) 2 Lanes 6,422,068 1,006,205 700,868 1,707,073 1,053,978 - 653,095 4,715,110 652,980 Cook Lane (First-End)20,799 - 20,799 20,799 20,799 - - - (0) Preston/First Turn Lane 100,000 100,000 - 100,000 - - 100,000 - 100,000 First St (DNT to Coleman)4,011,567 2,293,095 310,941 2,604,036 100,365 32,849 2,470,822 1,407,531 2,470,822 Fishtrap (Elem-DNT) 4 Lanes 20,754,430 19,689,411 138,563 19,827,974 2,192,874 (6,806,102) 24,441,202 873,947 24,493,711 First St (Coit-Custer) 4 Lanes 22,085,000 21,012,639 175,800 21,188,439 1,805,766 (2,406,879) (2,406,879) 921,427 21,764,686 Fishtrap, Segment 4 (Middle-Elem)2,944,190 205,011 1,714,417 1,919,428 1,757,546 - 161,883 1,085,647 100,997 Preston/Prosper Trail Turn Lane 100,000 100,000 - 100,000 - - 100,000 - 100,000 Victory Way (Coleman-Frontier)2,500,000 - - - - - - 2,284,783 215,217 Craig Street (Preston-Fifth)450,000 450,000 - 450,000 141,845 33,750 274,405 - 274,405 Prosper Trail/DNT Intersection Improvements 2,113,000 - 78,645 78,645 61,059 (0) 17,586 2,034,355 17,586 Fishtrap Section 1 & 4 778,900 19,200 6,500 25,700 - 1,500 24,200 727,808 49,592 Fishtrap Segment 2 (PISD reimbursement)1,063,033 1,063,033 - 1,063,033 938,997 - 133,773 - 124,036 Fishtrap (Teel - Gee Road)6,025,000 6,025,000 - 6,025,000 - (6,025,000) 12,050,000 - 12,050,000 Gee Road (Fishtrap - Windsong)3,520,000 3,520,000 - 3,520,000 - (4,169,579) 7,689,579 - 7,689,579 Teel (US 380 Intersection Improvements)1,280,000 1,180,000 - 1,180,000 - - 1,180,000 - 1,280,000 Coleman (Gorgeous - Prosper Trail)5,500,000 700,000 450,000 1,150,000 68,834 230,318 850,849 - 5,200,849 Coleman (Prosper Trail - PHS)3,000,000 675,000 (300,000) 375,000 - - 375,000 - 3,000,000 Legacy (Prairie - Fishtrap)8,225,000 850,000 - 850,000 182,038 53,656 614,307 - 7,989,307 Teel Parkway (US 380 - Fishtrap Rd) NB 2 Lanes (Design)900,000 - 750,000 750,000 82,500 - 667,500 - 817,500 Total Street Projects 115,556,886$ 59,822,515$ 4,066,034$ 63,888,549$ 8,510,363$ (19,055,488)$ 50,246,979$ 37,227,114$ 88,874,896$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2022 CAPITAL PROJECTS FUND - GENERAL 20 Page 54 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2022 CAPITAL PROJECTS FUND - GENERAL Downtown Monument 455,000 204,257 43,546 247,803 37,296 - 210,507 207,411 210,293 Turf Irrigation SH289 68,000 19,065 - 19,065 - - 19,065 48,935 19,065 US 380 Median Design (Green Ribbon)821,250 751,550 - 751,550 - - 751,550 65,800 755,450 Whitley Place H&B Trail Extension 750,000 1,621 - 1,621 - - 1,621 734,209 15,791 Whitley Place H&B Trail Extension (Pwr line Esmnt)280,000 44,797 - 44,797 - - 44,797 235,202 44,798 Tanner's Mill Phase 2 Design 1,030,000 951,700 433,621 1,385,321 369,165 312,826 703,330 14,080 333,929 Lakewood Preserve, Phase 2 3,845,000 3,845,000 - 3,845,000 - - 3,845,000 - 3,845,000 Pecan Grove Ph II 67,500 7,606 35,959 43,565 37,330 2,340 29,248 26,435 1,395 Downtown Pond Improvements 120,000 120,000 - 120,000 11,760 - 108,240 - 108,240 Sexton Park Phase I 1,200,000 1,200,000 - 1,200,000 128,069 26,545 1,045,386 - 1,045,386 Gee Road Trail Connection 700,000 700,000 - 700,000 - - 700,000 - 700,000 Coleman Median Landscape (Victory-Preston)650,000 650,000 - 650,000 19,783 (423,469) 1,053,686 - 1,053,686 Prosper Trail Median Landscape 275,000 275,000 - 275,000 7,352 (141,470) 409,118 - 409,118 Coleman Median Landscape (Talon-Victory)454,025 424,050 - 424,050 342,713 - 81,337 - 111,312 Total Park Projects 10,715,775$ 9,194,646$ 513,125$ 9,707,771$ 953,467$ (223,228)$ 9,002,886$ 1,332,072$ 8,653,464$ PD Car Camera and Body worn Camera System 387,225 387,225 - 387,225 - 17,000 370,225 - 370,225 Station #3 Quint Engine 1,350,000 1,350,000 145,000 1,495,000 1,195,125 (6,815) 306,689 - 161,689 Station #3 Ambulance 460,000 460,000 35,000 495,000 3,260 (1,200) 492,940 - 457,940 Street Broom 36,900 - 43,960 43,960 43,960 - - - (7,060) Storm Siren 33,860 294 33,566 33,860 33,566 - 294 - 294 Scag Wind Storm Blower 9,300 183 - 183 - - 183 - 9,300 Heavy Duty Trailer 18,250 - 26,626 26,626 26,626 - - - (8,376) Verti-Cutter 12,000 - 19,908 19,908 19,908 - - - (7,908) Skid Steer 81,013 - 81,013 81,013 81,013 - - - - Z-Max Spreader/Sprayer 12,000 - 12,590 12,590 12,590 - - - (590) Park Ops Vehicle 25,889 - 27,035 27,035 - - 27,035 - 25,889 Bucket Truck 117,261 - 126,757 126,757 126,757 - - - (9,496) Awnings for Storage 19,800 19,800 - 19,800 11,100 9,600 (900) - (900) Engineering Vehicle 35,998 35,998 - 35,998 - 40,226 (4,228) - (4,228) Public Safety Complex FFE 4,000 4,000 4,000 - - 4,000 - - Public Safety Complex, Phase 2-Design 1,555,615 - 676,700 676,700 440,816 30,503 235,884 - 1,084,296 Public Safety Complex, Phase 2-Dev Costs 670,000 661,750 (22,675) 639,075 62,883 17,585 558,608 - 589,533 Public Safety Complex, Phase 2-Construction 14,500,000 14,499,671 - 14,499,671 4,020,380 1,575,716 8,903,575 - 8,903,904 Public Safety Complex, Phase 2-FFE 1,274,385 1,274,385 - 1,274,385 13,065 (23,642) 1,284,962 - 1,284,962 Fire Engine Station 4 - FUNDS REALLOCATED 1,100,000 1,100,000 (900,000) 200,000 - - 200,000 - 200,000 Fire Station #4 - Design 600,000 600,000 - 600,000 228,457 109,382 270,541 - 262,161 Fire Station #4 - Engine 1,250,000 - 1,250,000 1,250,000 950,841 180,920 118,239 - 118,239 Fire Station #4 - Ambulance 552,000 - 552,000 552,000 463 (1,200) 552,737 - 552,737 Fire Station #4 - Other Costs 8,250 - - - 8,250 - (8,250) - - Total Facility Projects 24,109,746$ 20,393,306$ 2,111,480$ 22,500,786$ 7,279,060$ 1,948,075$ 13,312,535$ -$ 13,982,611$ Transfer Out - - - - - - - - - Total Expenditures 150,382,407$ 89,410,467$ 6,690,639$ 96,097,107$ 16,742,891$ (17,330,641)$ 72,562,399$ 38,559,186$ 111,510,972$ REVENUE OVER (UNDER) EXPENDITURES (52,585,674)$ 4,842,482$ Beginning Fund Balance (Restricted for Capital Projects) October 1 55,411,735 55,411,735 Ending Fund Balance (Restricted for Capital Projects) Current Month 2,826,061$ 60,254,217$ 21 Page 55 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Year Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Interest Income -$ -$ -$ 28,393$ Bond Proceeds 14,931,000 - 14,931,000 - Transfers In 563,323 - 563,323 1,031,879 Transfers In - Impact Fee Funds 10,500,000 - 10,500,000 10,500,000 Transfers In - Bond Funds - - - 134,715 Total Revenues 25,994,323$ -$ 25,994,323$ 11,694,987$ EXPENDITURES Lower Pressure Plane Pump Station Design 24,331,100 22,746,000 432,371 23,178,371 71,735 434,907 22,671,729 1,148,013 22,676,445 Fishtrap EST (South)6,433,700 6,000 187,924 193,924 - - 193,924 6,239,583 194,117 Water Supply Line Phase I 13,181,703 133,230 37,227 170,457 - - 170,457 12,956,822 224,881 Custer Rd Meter Station/Water Line Relocation 3,866,832 32,598 49,421 82,019 590 73,003 8,426 3,795,144 (1,905) E-W Collector (Cook-DNT)680,775 128,000 5,400 133,400 - - 133,400 547,223 133,552 Doe Branch Parallel Interceptor - - 4,500 4,500 4,500 - - - (4,500) Frontier Water Line - - - - 1,660 (1,660) - (1,660) Fishtrap (Elem-DNT) Water Line 5,000,000 5,000,000 - 5,000,000 - - 5,000,000 - 5,000,000 Total Water & Wastewater Projects 53,494,110$ 28,045,828$ 716,843$ 28,762,671$ 76,825$ 509,570$ 28,176,277$ 24,686,785$ 28,220,931$ Old Town Drainage 665,000 50,000 - 50,000 - - 50,000 603,142 61,858 Frontier Park/Preston Lakes Drainage 1,085,000 985,000 - 985,000 359,800 199,073 426,127 36,510 489,617 Old Town Regional Pond #2 385,000 - 45,751 45,751 28,638 - 17,114 2,572 353,790 Old Town Drainage Broadway Design & Construction 691,686 60,240 6,398 66,638 10,098 - 56,540 318,568 363,020 Total Drainage Projects 2,826,686$ 1,095,240$ 52,149$ 1,147,389$ 398,536$ 199,073$ 549,780$ 960,792$ 1,268,285$ Transfer out - - - - - - - Total Expenses 56,320,796$ 29,141,068$ 768,992$ 29,910,060$ 475,360$ 708,643$ 28,726,057$ 25,647,577$ 29,489,216$ (3,915,737)$ 11,219,626$ Beginning Fund Balance (Restricted for Capital Projects) October 1 5,258,203 5,258,203 Ending Fund Balance (Restricted for Capital Projects) Current Month 1,342,466$ 16,477,829$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2022 CAPITAL PROJECTS FUND-WATER/SEWER 22 Page 56 Item 4. Prosper is a place where everyone matters. MONTHLY FINANCIAL REPORT as of September 30, 2022 Budgetary Basis Prepared by Finance Department May 23, 2023 1 Page 57 Item 4. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT September 2022 Table of Contents Dashboard Charts 3 ‐ 4 General Fund 5 Water‐Sewer Fund 6 ‐ 7 Debt Service Fund 8 Crime Control and Prevention Special Purpose District 9 Fire Control, Prevention, and Emergency Medical Services Special Purpose District 10 Vehicle and Equipment Replacement Fund 11 Storm Drainage Utility Fund 12 Park Dedication and Improvement Fund 13 TIRZ #1 ‐ Blue Star 14 TIRZ #2 15 Water Impact Fees Fund 16 Wastewater Impact Fees Fund 17 Thoroughfare Impact Fees Fund 18 Special Revenue Fund 19 Capital Projects Fund‐General 20 Capital Projects Fund‐Water/Sewer 22 2 Page 58 Item 4. $‐ $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 Total Budget YTD Budget YTD Actual Building Permit Revenues 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Town of Prosper, Texas Sales Tax Revenue by Month FY 18/19 FY 19/20 FY 20/21 FY 21/22 3 Page 59 Item 4. $46.418 $46.418 $43.106 $40.009 $40.009 $42.181 $‐ $5 $10 $15 $20 $25 $30 $35 $40 $45 $50 Total Budget YTD Budget YTD Actual In Millions General Fund Revenues and Expenditures Revenues Expenditures $33.176 $33.176 $33.175 $30.455 $30.455 $32.027 $‐ $5 $10 $15 $20 $25 $30 $35 Total Budget YTD Budget YTD Actual In Millions Water ‐Sewer Fund Revenues and Expenditures Revenues Expenditures 4 Page 60 Item 4. Original Budget Amended Current YearCurrent YearCurrent RemainingPrior Year Change fromBudget Adjustment Budget YTD Actuals Encumbrances Budget Balance YTD Percent Note YTD Actuals Prior YearREVENUESProperty Taxes 19,256,473$ 60,000$ 19,316,473$ 19,197,205$ ‐$ 119,268$ 99%1 18,545,830$ 4%Sales Taxes 7,972,237 1,147,446 9,119,683 9,614,772 ‐ (495,089) 105%7,750,263 24%Franchise Fees 1,997,889 (292,095) 2,289,984 2,426,659 ‐ (136,675) 106%2 1,961,513 24%Building Permits3,751,000 249,000 4,000,000 4,508,584 ‐ (508,584) 113%5,970,821 ‐24%Other Licenses, Fees & Permits 1,307,700 (389,550) 1,697,250 2,175,327 ‐ (478,077) 128%2,151,355 1%Charges for Services 576,873 (325,600) 902,473 1,079,429 ‐ (176,956) 120%1,179,221 ‐8%Fines & Warrants 325,000 75,000 250,000 254,491 ‐ (4,491) 102%279,543 ‐9%Intergovernmental Revenue (Grants) 232,914 (16,495) 216,419 436,375 ‐ (219,956) 202%676,169 ‐35%Interest Income 70,000 (20,000) 90,000 (63,870) ‐ 153,870 ‐71%130,436 ‐149%Transfers In 1,100,514 ‐ 1,100,514 1,000,680 ‐ 99,834 91%1,071,820 ‐7%Miscellaneous 329,481 2,144,006 568,997 1,234,315 ‐ (665,318) 217%315,561 291%Park Fees 377,000 79,750 456,750 317,453 ‐ 139,297 70%409,583 ‐22% Total Revenues 37,297,081$ 2,711,462$ 40,008,543$ 42,181,420$ ‐$ (2,172,877)$ 105%40,442,115$ 4%EXPENDITURESAdministration 7,222,692$ 1,397,703$ 8,620,395$ 8,492,960$ ‐$ 127,435$ 99%6,484,371$ 31%Police 6,520,223 268,926 6,789,149 5,884,203 ‐ 904,947 87%5,134,506 15%Fire/EMS 8,738,347 2,062,727 10,801,074 11,159,706 128 (358,760) 103%8,951,505 25%Public Works 3,697,980 729,669 4,427,649 3,376,910 8,097 1,042,642 76%2,794,930 21%Community Services 6,575,735 377,361 6,953,096 6,862,883 ‐ 90,213 99%4,852,844 41%Development Services 4,211,352 378,303 4,589,655 3,584,611 ‐ 1,005,043 78%3,580,063 0%Engineering4,175,692 60,881 4,236,573 3,744,635 ‐ 491,937 88%2,843,204 32% Total Expenses 41,142,021$ 5,275,569$ 46,417,590$ 43,105,909$ 8,225$ 3,303,456$ 93%34,641,423$ 24%REVENUE OVER (UNDER) EXPENDITURES (3,844,940)$ (2,564,107)$ (6,409,047)$ (924,488)$ 5,800,692$ Beginning Fund Balance October 1‐Unassigned/Unrestricted20,242,707 20,242,707 13,923,232 Ending Fund Balance 13,833,660$ 19,318,219$ 19,723,924$ Notes1Property taxes are billed in October and the majority of collections occur December through February. 2 Franchise fees and other various license and fees are paid quarterly or annually. TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORTSeptember 30, 2022Expected Year to Date Percent 100.%GENERAL FUND5Page 61Item 4. Original Budget Amended Current Year Current Year Current RemainingPrior Year Change fromBudget Adjustment BudgetYTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior YearREVENUESWater Charges for Services15,179,476$ ‐$ 15,179,476$ 19,296,213$ ‐$ (4,116,737)$ 127%15,198,610$ 27%Sewer Charges for Services8,972,771 ‐ 8,972,771 9,695,696 ‐ (722,925) 108%8,513,816 14%Sanitation Charges for Services1,779,679 ‐ 1,779,679 1,974,453 ‐ (194,774) 111%1,742,306 13%Licenses, Fees & Permits214,370 ‐ 214,370 290,266 ‐ (75,896) 135%235,566 23%Utility Billing Penalties142,000 ‐ 142,000 203,905 ‐ (61,905) 144%79,409 Interest Income40,000 ‐ 40,000 (50,932) ‐ 90,932 ‐127%27,618 ‐284%Other4,126,549 ‐ 4,126,549 617,151 ‐ 3,509,398 15%1679,038 ‐9%Transfer In‐ ‐ ‐ ‐ ‐ ‐ ‐ Total Revenues30,454,845$ ‐$ 30,454,845$ 32,026,752$ ‐$ (1,571,907)$ 105%26,476,363$ 21%EXPENDITURESAdministration3,091,532$ 21,449$ 3,112,981$ 2,980,543$ 29,300$ 103,138 97%1,099,257$ 171%Debt Service3,713,517 2,618,251 6,331,768 6,352,725 ‐ (20,957) 100%2 2,896,147 119%Water Purchases7,701,317 ‐ 7,691,497 9,379,652 ‐ (1,688,156) 122%7,157,267 31%Public Works15,694,874 335,317 16,040,011 14,462,226 188,432 1,389,353 91%9,828,119 47% Total Expenses30,201,240$ 2,975,017$ 33,176,257$ 33,175,146$ 217,732$ (216,622)$ 101%20,980,790$ 58%REVENUE OVER (UNDER) EXPENDITURES253,605$ (2,975,017)$ (2,721,412)$ (1,148,394)$ 5,495,573$ Beginning Working Capital October 110,914,365 10,914,365 6,867,399 Ending Working Capital 8,192,953$ 9,765,971$ 12,362,972$ Notes1Largest portion of this ($3.89M) is TxDOT reimbursement for Custer Water Line relocation.2Annual debt service payments are made in February and August. TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORTSeptember 30, 2022Expected Year to Date Percent 100.%WATER‐SEWER FUND6Page 62Item 4. TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORTSeptember 30, 2022Expected Year to Date Percent 100.%WATER‐SEWER FUNDSep‐22 Sep‐21Growth % Average MonthlyAverage CumulativeWATER SEWER WATER SEWER Change# of Accts Residential11,821 11,08410,870 10,172 8.85% October 9.9% 9.9%# of Accts Commercial501 374 470 349 6.84% November 6.9% 16.8%Consumption‐Residential182,618,26076,211,333 182,160,59066,115,285 4.25% December 5.4% 22.2%Consumption‐Commercial72,166,17013,383,63062,189,86014,621,80011.38% January 4.3% 26.6%Average Residential Water Consumption 15,450 16,690‐7.43% February 4.5% 31.1%Billed ($) Residential1,232,042$ 703,539$ 1,228,428$ 611,026$ 0.29% March 4.4% 35.5%Billed ($) Commercial664,536 120,429 571,268 120,640 16.33% April 6.0% 41.5% Total Billed ($) 1,896,578$ 823,968$ 1,799,696$ 731,666$ 7.47% May 7.3% 48.8%June 9.0% 57.8%July 12.6% 70.4%August 16.6% 87.0%September 13.0% 100.0%Oct‐21 2.96 Oct‐20 1.74Nov‐21 3.11 Nov‐20 1.08Dec‐21 0.43 Dec‐20 3Jan‐22 0.08 Jan‐21 0.85Feb‐22 2.03 Feb‐21 2.22Mar‐22 2.12 Mar‐21 3.03Apr‐22 2.54 Apr‐21 4.5May‐22 3 May‐21 7.77Jun‐22 2.64 Jun‐21 2.15Jul‐22 0.41 Jul‐21 2.98Aug‐22 10.68 Aug‐21 4.82Sep‐22 2.64 Sep‐21 0.14 Average rainfall for September is 2.92Rainfall7Page 63Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior YearChange fromBudget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD ActualPrior YearREVENUESProperty Taxes‐Delinquent 75,000$ ‐$ 75,000$ 116,626$ ‐$ (41,626)$ 156%72,986$ 60%Property Taxes‐Current 10,545,466 ‐ 10,545,466 10,448,410 ‐ 97,056 99%1 7,584,297 38%Taxes‐Penalties‐ ‐ ‐ 43,165 ‐ (43,165) 33,467 29%Transfer In‐ 428,581 428,581 428,581 ‐ ‐ 100%‐ Interest Income 45,000 ‐ 45,000 8,605 ‐ 36,395 19%26,490 ‐68%Total Revenues 10,665,466$ 428,581$ 11,094,047$ 11,045,387$ ‐$ 48,660$ 100%7,717,240$ 43%EXPENDITURESProfessional Services‐$ ‐$ ‐$ 9,500$ ‐$ (9,500)$ 8,030$ 2012 GO Bond Payment 2,200,000 428,581 2,628,581 2,590,000 ‐ 38,581 99%195,000 1228%2013 GO Refunding Bond 175,000 ‐ 175,000 175,000 ‐ ‐ 100%170,000 Bond Administrative Fees 20,000 ‐ 20,000 7,805 ‐ 12,195 39%6,640 2014 GO Bond Payment 305,000 ‐ 305,000 305,000 ‐ ‐ 100%285,000 2015 GO Bond Payment 1,220,300 ‐ 1,220,300 1,220,300 ‐ ‐ 100%463,700 163%2015 CO Bond Payment 445,000 ‐ 445,000 445,000 ‐ ‐ 100%440,000 1%2016 GO Debt Payment‐ ‐ ‐ ‐ ‐ ‐ 625,500 ‐100%2016 CO Debt Payment 70,000 ‐ 70,000 70,000 ‐ ‐ 100%55,000 27%2017 CO Debt Payment 70,000 ‐ 70,000 70,000 ‐ ‐ 100%2 410,000 ‐83%2018 GO Debt Payment 145,000 ‐ 145,000 145,000 ‐ ‐ 100%135,000 7%2018 CO Debt Payment 455,000 ‐ 455,000 455,000 ‐ ‐ 100%175,000 160%2019 CO Debt Payment 381,123 ‐ 381,123 381,123 ‐ ‐ 100%366,177 4%2019 GO Debt Payment 155,000 ‐ 155,000 155,000 ‐ ‐ 100%150,000 3%2020 CO Debt Payment 245,000 ‐ 245,000 245,000 ‐ ‐ 100%805,000 ‐70%2021 CO Debt Payment 255,000 ‐ 255,000 310,000 ‐ (55,000) 122%‐ 2021 GO Debt Payment 1,770,000 ‐ 1,770,000 1,925,000 ‐ (155,000) 109%‐ Bond Interest Expense 4,741,048 ‐ 4,741,048 4,493,389 ‐ 247,659 95%3,404,363 32%Total Expenditures 12,652,471$ 428,581$ 13,081,052$ 13,002,117$ ‐$ 78,935$ 99%7,694,410$ 69%REVENUE OVER (UNDER) EXPENDITURES (1,987,005)$ ‐$ (1,987,005)$ (1,956,731)$ 22,830$ Beginning Fund Balance October 1 2,640,088 2,640,088 2,619,367 Ending Fund Balance Current Month 653,083$ 683,357$ 2,642,197$ Notes1Property taxes are billed in October and the majority of collections occur December through February. 2Annual debt service payments are made in February and August. TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORTSeptember 30, 2022Expected Year to Date Percent 100.%DEBT SERVICE FUND8Page 64Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change fromBudget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior YearREVENUESSales Tax ‐ Town 2,102,918$ 443,206$ 2,546,124$ 2,548,594$ ‐$ (2,470)$ 100%2,068,568$ 23%Interest Income 300 ‐ 300 103 ‐ 197 34%1,669 ‐94%Other‐ ‐ ‐ ‐ ‐ ‐ ‐ Total Revenue 2,103,218$ 443,206$ 2,546,424$ 2,548,697$ ‐$ (2,273)$ 100%2,070,237$ 23%EXPENDITURESPersonnel 2,078,008$ 430,217$ 2,508,225$ 2,504,917$ ‐$ 3,308$ 100%2,064,056$ 21%Other 350 20,389 20,739 20,739 ‐ 0 1,378 1405%Total Expenditures 2,078,358$ 450,606$ 2,528,964$ 2,525,655$ ‐$ 3,309$ 100%2,065,434$ 22%REVENUE OVER (UNDER) EXPENDITURES 24,860$ (7,400)$ 17,460$ 23,042$ 4,803$ Beginning Fund Balance October 1 430,669 430,669 302,439 Ending Fund Balance Current Month 448,129$ 453,711$ 307,242$ TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORTSeptember 30, 2022Expected Year to Date Percent 100.%CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT9Page 65Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change fromBudget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior YearREVENUESSales Tax ‐ Town 2,102,918$ 438,473$ 2,541,391$ 2,545,620$ ‐$ (4,229)$ 100%2,061,848$ 23%Interest Income 300 ‐ 300 (242) ‐ 542 ‐81%687 ‐135%Other‐ ‐ ‐ 5,415 ‐ (5,415) ‐ Total Revenue 2,103,218$ 438,473$ 2,541,691$ 2,550,793$ ‐$ (9,102)$ 100%2,062,535$ 24%EXPENDITURESPersonnel 2,098,745$ 406,381$ 2,505,126$ 2,486,439$ ‐$ 18,687$ 99%1,974,055$ 26%Other 350 ‐ 350 20,731 ‐ (20,381) 278 7352%Total Expenditures 2,099,095$ 406,381$ 2,505,476$ 2,507,170$ ‐$ (1,694)$ 100%1,974,333$ 27%REVENUE OVER (UNDER) EXPENDITURES 4,123$ 32,092$ 36,215$ 43,623$ 88,202$ Beginning Fund Balance October 1 413,785 413,785 203,982 Ending Fund Balance Current Month 450,000$ 457,408$ 292,184$ TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORTSeptember 30, 2022Expected Year to Date Percent 100.%FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SEPCIAL PURPOSE DISTRICT10Page 66Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change fromBudget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior YearREVENUESGrant Revenue‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ Other Reimbursements 136,500 ‐ 136,500 6,692 ‐ 136,500 5%3 308,637 ‐98%Interest Income 20,000 ‐ 20,000 23,616 ‐ 6,707 118%13,805 71%Charges for Services 1,170,198 ‐ 1,170,198 1,170,198 ‐ 195,033 100%812,273 44%Total Revenue 1,326,698$ ‐$ 1,326,698$ 1,200,506$ ‐$ 338,240$ 90%1,134,715$ 6%EXPENDITURESVehicle Replacement 352,148$ 394,393$ 746,541$ 717,313$ 123,503$ 154,131$ 113%1,2 471,456$ 52%Equipment Replacement 33,300 ‐ 33,300 21,994 ‐ 33,300 66%1,2 419,920 ‐95%Technology Replacement 255,700 ‐ 255,700 199,390 ‐ 56,310 78%2 36,379 448%Total Expenditures 641,148$ 394,393$ 1,035,541$ 938,697$ 123,503$ 243,740$ 103%927,755$ 1%REVENUE OVER (UNDER) EXPENDITURES 685,550$ (394,393)$ 291,157$ 261,809$ 206,960$ Beginning Fund Balance October 1 3,957,862 3,957,862 3,741,880 Ending Fund Balance Current Month 4,249,019$ 4,219,671$ 3,948,840$ Notes1 Replacement vehicle or technology purchases have been encumbered. 2 Replacement vehicle or technology prices slightly higher due to manufacturer price increases. 3 Includes auction proceeds. Auction of vehicles will depend on receipt of replacement vehicles.TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORTSeptember 30, 2022Expected Year to Date Percent 100.%VEHICLE AND EQUIPMENT REPLACEMENT FUND11Page 67Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change fromBudget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior YearREVENUES 45‐4Storm Drainage Utility Fee 758,100$ ‐$ 758,100$ 802,435$ ‐$ 93,868$ 106%739,641$ 8%Drainage Review Fee 3,000 ‐ 3,000 9,178 ‐ (628) 306%6,370 44% 45‐4Interest Income 2,200 ‐ 2,200 1,175 ‐ 615 53%2,476 ‐53%Transfer In‐ 671,449 671,449 531,449 ‐ ‐ 79%‐ Other Revenue‐ ‐ ‐ ‐ ‐ ‐ ‐ Total Revenue 763,300$ 671,449$ 1,434,749$ 1,344,237$ ‐$ 93,855$ 94%748,487$ 80%EXPENDITURESPersonnel Services 172,445$ 745$ 173,190$ 153,457$ ‐$ 19,733$ 89%156,842$ ‐2%Debt Service 253,142 531,449 784,591 771,693 ‐ 12,898 98%2 245,592 214% 45‐7Operating Expenditures 278,595 63,490 342,085 178,075 103,243 60,767 82%(96,094) ‐285%Transfers Out 663,157 383,197 1,046,354 1,178,657 ‐ (132,303) 113%1 98,843 1092% Total Expenses 1,367,339$ 978,881$ 2,346,220$ 2,281,882$ 103,243$ (38,904)$ 102%405,183$ 463%REVENUE OVER (UNDER) EXPENDITURES (604,039)$ (307,432)$ (911,471)$ (937,645)$ 343,304$ Beginning Working Capital October 1 816,012 816,012 632,579 Ending Working Capital Current Month (95,459)$ (121,633)$ 975,883$ Notes1 Capital project funds are transferred as needed; General fund transfers are made monthly. 2Annual debt service payments are made in February and August. TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORTSeptember 30, 2022Expected Year to Date Percent 100.%STORM DRAINAGE UTILITY FUND12Page 68Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change fromBudget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior YearREVENUES 60‐4Park Dedication‐Fees 430,000$ ‐$ 430,000$ 937,660$ ‐$ (507,660)$ 218%19,946$ Park Dedication ‐ Transfers In‐ ‐ ‐ ‐ ‐ ‐ 392,217 ‐100% 60‐4Park Improvements 280,500 ‐ 280,500 272,401 ‐ 8,099 97%123,370 121%Contributions/Grants‐ 200,550 200,550 ‐ ‐ 200,550 0%2 500,000 ‐100% 60‐4Interest‐Park Dedication 6,000 ‐ 6,000 6,801 ‐ (801) 113%10,596 ‐36% 60‐4Interest‐Park Improvements 5,000 ‐ 5,000 6,490 ‐ (1,490) 130%6,135 6% Total Revenue 721,500$ 200,550$ 922,050$ 1,223,351$ ‐$ (301,301)$ 133%1,052,264$ 16%EXPENDITURES 60‐5Miscellaneous‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ Cockrell Park Trail Connection‐$ ‐$ ‐$ ‐$ ‐$ ‐$ 424,301$ ‐100%Park Dedication Land Acquisition‐ 1,913,800 1,913,800 1,914,647 ‐ (847) 100%‐ Hike & Bike Master Plan‐ ‐ ‐ ‐ ‐ ‐ 2,594 Hays Park‐ 31,952 31,952 35,560 ‐ (3,607) 111%1 388,172 ‐91%Pecan Grove H&B Trail 30,000 ‐ 30,000 ‐ ‐ 30,000 0%‐ Pecan Grove Park 575,000 150,000 725,000 ‐ ‐ 725,000 0%‐ Windsong Neighborhood Park‐ 100,000 100,000 ‐ ‐ 100,000 0%‐ Capital (Misc. small projects) 61,750 ‐ 61,750 5,456 ‐ 56,294 9%‐ Total Expenses 666,750$ 2,195,752$ 2,862,502$ 1,955,663$ ‐$ 906,839$ 68%815,067$ 140%REVENUE OVER (UNDER) EXPENDITURES 54,750$ (1,995,202)$ (1,940,452)$ (732,312)$ 237,197$ Beginning Fund Balance October 1 2,894,711 2,894,711 2,660,035 Ending Fund Balance Current Month 954,259$ 2,162,399$ 2,897,232$ Notes1 Purchase order rolled forward from prior year to pay final invoices and close out capital project. Also includes internal water billing of hydrant meter to capital project.2 These grant proceeds are based on expenditures. Once the project is awarded and funds expended we will begin requesting reimbursement. TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORTSeptember 30, 2022Expected Year to Date Percent 100.%PARK DEDICATION AND IMPROVEMENT FUNDS13Page 69Item 4. Original Budget Amended Current Year Current Remaining Prior Year Change fromBudget Adjustment Budget YTD Actual Budget Balance YTD PercentNoteYTD Actual Prior YearREVENUESImpact Fee Revenue:Water Impact Fees‐$ ‐$ ‐$ 308,704$ (308,704)$ 34,916$ 784%Wastewater Impact Fees‐ ‐ ‐ 629,774 (629,774) 25,702 2350%East Thoroughfare Impact Fees 200,000 ‐ 200,000 1,845,901 (1,645,901) 923%155,963 1084%Property Taxes ‐ Town (Current) 627,221 ‐ 627,221 612,991 14,230 98%492,446 24%Property Taxes ‐ Town (Rollback)‐ ‐ ‐ ‐ ‐ ‐ Property Taxes ‐ County (Current) 148,647 ‐ 148,647 144,308 4,339 97%116,706 24%Sales Taxes ‐ Town 761,000 ‐ 761,000 854,284 (93,284) 112%598,288 43%Sales Taxes ‐ EDC 637,500 ‐ 637,500 715,463 (77,963) 112%501,066 43%Interest Income 2,000 ‐ 2,000 7,689 (5,689) 384%4,348 77%Transfer In‐ ‐ ‐ ‐ ‐ ‐ Total Revenue 2,376,368$ ‐$ 2,376,368$ 5,119,115$ (2,742,747)$ 215%1,929,436$ 165%EXPENDITURESProfessional Services‐$ ‐$ ‐$ ‐$ ‐$ ‐ Developer Rebate 2,376,368 ‐ 2,376,368 5,229,934 (2,853,566) 220%1,691,790 Transfers Out‐ ‐ ‐ ‐ ‐ Total Expenses 2,376,368$ ‐$ 2,376,368$ 5,229,934$ (2,853,566)$ 220%1,691,790$ REVENUE OVER (UNDER) EXPENDITURES‐$ (110,819)$ 237,646$ Beginning Fund Balance October 1 1,470,609 1,470,609 301,260 Ending Fund Balance Current Month 1,470,609$ 1,359,790$ 538,906$ TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORTSeptember 30, 2022Expected Year to Date Percent 100.%TIRZ #1 ‐ BLUE STAR14Page 70Item 4. Original Budget Amended Current Year Current Remaining Prior Year Change fromBudget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior YearREVENUESProperty Taxes ‐ Town (Current) 131,145$ 22,195$ 153,340$ 154,136$ (796)$ 101%10,901$ 1314%Property Taxes ‐ Town (Rollback)‐ ‐ ‐$ ‐ ‐ 0%‐ Property Taxes ‐ County (Current) 31,081 ‐ 31,081$ 30,280 801 97%2,583 1072%Sales Taxes ‐ Town‐ ‐ ‐$ ‐ ‐ ‐ Sales Taxes ‐ EDC‐ ‐ ‐$ ‐ ‐ ‐ Interest Income 150 ‐ 150$ 160 (10) 107%175 ‐9% Total Revenue 162,376$ 22,195$ 184,571$ 184,577$ (6)$ 100%13,659$ 1251%EXPENDITURESProfessional Services‐$ ‐$ ‐$ ‐$ ‐ ‐$ Developer Rebate 184,549 ‐ 184,549$ 154,246 30,303 84%13,771 Transfers Out‐ ‐ ‐$ 30,302 (30,302) ‐ Total Expenditures 184,549$ ‐$ 184,549$ 184,549$ 0$ 100%13,771$ REVENUE OVER (UNDER) EXPENDITURES 22$ 28$ (112)$ Beginning Fund Balance October 1 25,058 25,058 25,189 Ending Fund Balance Current Month 25,080$ 25,086$ 25,077$ TIRZ #2 TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORTSeptember 30, 2022Expected Year to Date Percent 100.%15Page 71Item 4. Current YearCurrent YearCurrent YearProjectProject Original Budget Amended Current YearCurrent YearCurrent RemainingPrior Years BudgetBudget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure BalanceREVENUESImpact Fees Water3,500,000$ ‐$ 3,500,000$ 4,366,761$ Interest Income 20,000 ‐ 20,000 43,607 Total Revenues3,520,000$ ‐$ 3,520,000$ 4,410,368$ EXPENDITURESDeveloper ReimbursementsParks at Legacy Developer Reimb400,000 400,000‐ 400,000‐ ‐ 400,000 ‐ 400,000 Star Trail Developer Reimb400,000 400,000‐ 400,000‐ ‐ 400,000 ‐ 400,000 Victory at Frontier Developer Reimb60,000 60,000 ‐ 60,000 ‐ ‐ 60,000 ‐ 60,000 Westside Developer Reimb100,000 100,000 ‐ 100,000 ‐ ‐ 100,000 ‐ 100,000 TVG Windsong Developer Reimb350,000 350,000‐ 350,000‐ ‐ 350,000 ‐ 350,000 Total Developer Reimbursements1,310,000$ 1,310,000$ ‐$ 1,310,000$ ‐$ ‐$ 1,310,000$ ‐$ 1,310,000$ Capital Expenditures12" Water Line ‐ DNT200,000 ‐ 200,000 200,000 90,708 16,620 92,672 ‐ 292,672 Lower Pressure Plane Easements1,000,000 900,000 ‐ 900,000 ‐ ‐ 900,000 ‐ 1,000,000 Total Projects 1,200,000$ 900,000$ 200,000$ 1,100,000$ 90,708$ 16,620$ 992,672$ ‐$ 1,292,672$ Transfer to CIP Fund‐ 9,000,000 ‐ 9,000,000 9,000,000 ‐ ‐ ‐ ‐ Total Transfers Out‐$ 9,000,000$ ‐$ 9,000,000$ 9,000,000$ ‐$ ‐$ ‐$ ‐$ Total Expenditures2,510,000$ 11,210,000$ 200,000$ 11,410,000$ 9,090,708$ 16,620$ 2,302,672$ ‐$ 2,602,672$ REVENUE OVER (UNDER) EXPENDITURES (7,890,000)$ (4,680,340)$ Beginning Fund Balance October 19,691,322 9,691,322 Ending Fund Balance Current Month1,801,322$ 5,010,982$ TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORTSeptember 30, 2022WATER IMPACT FEES FUND16Page 72Item 4. Current YearCurrent YearCurrent YearProjectProject Original Budget Amended Current YearCurrent YearCurrent RemainingPrior Years BudgetBudget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure BalanceREVENUESImpact Fees Wastewater2,000,000$ 151,987$ 2,151,987$ 2,151,987$ Interest Income 16,000 ‐ 16,000$ 18,027 Upper Trinity Equity Fee300,000 128,000 428,000$ 428,000 Total Revenues2,316,000$ 151,987$ 2,595,987$ 2,598,013$ EXPENDITURESDeveloper ReimbursementsTVG Westside Utility Developer Reimb275,000 275,000 32,476 307,476 581,928 ‐ (274,452) ‐ (274,452) Prosper Partners Utility Developer Reimb‐ ‐ ‐ ‐ 20,440 ‐ (20,440) (20,440) Frontier Estates Developer Reimb25,000 25,000 ‐ 25,000 8,376 ‐ 16,624 ‐ 16,624 LaCima Developer Reimb50,000 50,000 ‐ 50,000 3,386 ‐ 46,614 ‐ 46,614 Brookhollow Developer Reimb220,000 220,000 ‐ 220,000 45,152 ‐ 174,848 ‐ 174,848 TVG Windsong Developer Reimb600,000 600,000 558,267 1,158,267 1,158,267 ‐ ‐ ‐ ‐ All Storage Developer Reimb50,000 50,000 ‐ 50,000 18,060 ‐ 31,940 ‐ 31,940 Legacy Garden Developer Reimb75,000 75,000 ‐ 75,000 68,877 ‐ 6,123 ‐ 6,123 Total Developer Reimbursements1,295,000$ 1,295,000$ 590,743$ 1,885,743$ 1,904,486$ ‐$ (18,743)$ ‐$ (18,743)$ Capital ExpendituresDoe Branch Wastewater Lines‐ ‐ 475,000 475,000 48,600 48,600 377,800 377,800 Total Projects‐$ ‐$ 475,000$ 475,000$ 48,600$ 48,600$ 377,800$ ‐$ 377,800$ Transfer to CIP Fund 1,500,000 1,500,000 ‐ 1,500,000 1,500,000 ‐ ‐ ‐ ‐ Total Transfers Out1,500,000$ 1,500,000$ ‐$ 1,500,000$ 1,500,000$ ‐$ ‐$ ‐$ ‐$ Total Expenditures2,795,000$ 2,795,000$ 1,065,743$ 3,860,743$ 3,453,086$ 48,600$ 359,057$ ‐$ 359,057$ REVENUE OVER (UNDER) EXPENDITURES (1,264,756)$ (855,073)$ Beginning Fund Balance October 12,733,394 2,733,394 Ending Fund Balance Current Month1,468,638$ 1,878,321$ TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORTSeptember 30, 2022WASTEWATER IMPACT FEES FUND17Page 73Item 4. Current YearCurrent YearCurrent YearProjectProject Original Budget Amended Current YearCurrent YearCurrent RemainingPrior Years BudgetBudget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure BalanceREVENUES East Thoroughfare Impact Fees 1,200,000$ ‐$ 1,200,000$ 1,250,008$ East Thoroughfare Other Revenue‐ ‐ ‐ ‐ West Thoroughfare Impact Fees4,000,000 ‐ 4,000,000 5,973,672 West Thoroughfare Other Revenue‐ ‐ ‐ ‐ Interest‐East Thoroughfare Impact Fees9,000 ‐ 9,000 13,981 Interest‐West Thoroughfare Impact Fees 15,000 ‐ 15,000 47,033 Total Revenues5,224,000$ ‐$ 5,224,000$ 7,284,694$ EXPENDITURESEastFM 1461 (SH289‐CR 165) 175,000 175,000 ‐ 175,000 77,074 ‐ 97,927 ‐ 97,927 Coleman Median Landscape (Talon‐Victory)30,000 ‐ 7,750 7,750 2,975 ‐ 4,775 22,225 4,800 Coit Road (First ‐ Frontier)1,289,900 ‐ 364,755 364,755 ‐ ‐ 364,755 922,775 367,125 Traffic Signal ‐ Coit & Richland56,800 56,800 ‐ 56,800 ‐ ‐ 56,800 50,795 6,005 Transfer to Capital Project Fund2,180,000 2,180,000 ‐ 2,180,000 2,180,000 ‐ ‐ ‐ ‐ Total East 3,731,700$ 2,411,800$ 372,505$ 2,784,305$ 2,260,049$ ‐$ 524,256$ 995,795$ 475,857$ WestTeel 380 Intersection Improvements100,000 ‐ 22,125 22,125 27,125 ‐ (5,000) 73,861 ‐ Traffic Signal‐ 2,185 2,185 13,380 ‐ (11,195) 256,112 ‐ Parks at Legacy Developer Reimb600,000 600,000 ‐ 600,000 2,687,147 ‐ (2,087,147) ‐ (2,087,147) Star Trail Developer Reimb1,000,000 1,000,000 ‐ 1,000,000 ‐ ‐ 1,000,000 ‐ 1,000,000 Tellus Windsong Developer Reimb3,500,000 3,500,000 ‐ 3,500,000 6,288,751 ‐ (2,788,751) ‐ (2,788,751) Legacy Garden Developer Reimb200,000 200,000 ‐ 200,000 98,040 ‐ 101,960 ‐ 101,960 Total West 5,400,000$ 5,300,000$ 24,310$ 5,324,310$ 9,114,443$ ‐$ (3,790,133)$ 329,973$ (3,773,939)$ Total Expenditures9,131,700$ 7,711,800$ 396,814$ 8,108,615$ 11,374,492$ ‐$ (3,265,877)$ 1,325,768$ (3,298,082)$ REVENUE OVER (UNDER) EXPENDITURES (2,884,615)$ (4,089,797)$ Beginning Fund Balance October 110,678,812 10,678,812 Ending Fund Balance Current Month7,794,198$ 6,589,015$ TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORTSeptember 30, 2022THOROUGHFARE IMPACT FEES FUND18Page 74Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change fromBudget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior YearPolice Donation Revenue 14,000$ ‐$ 14,000$ 17,668$ ‐$ (3,668)$ 126%14,188$ 25%Fire Donation Revenue 13,500 ‐ 13,500 17,504 ‐ (4,004) 130%14,610 20%Child Safety Revenue 12,000 ‐ 12,000 30,599 ‐ (18,599) 255%14,358 113%Court Security Revenue 8,000 ‐ 8,000 7,704 ‐ 296 96%8,321 ‐7%Court Technology Revenue 7,000 ‐ 7,000 6,464 ‐ 536 92%7,117 ‐9%Municipal Jury revenue 150 ‐ 150 150 ‐ (0) 100%157 ‐4%Interest Income 1,425 ‐ 1,425 3,519 ‐ (2,094) 247%3,002 17%Interest Income CARES/ARPA Funds‐ ‐ ‐ 23,469 ‐ (23,469) 2,849 724%Tree Mitigation‐ ‐ ‐ 22,400 ‐ (22,400) 339,213 ‐93%Miscellaneous‐ ‐ ‐ 2,997 ‐ (2,997) 8,686 ‐65%CARES Act/ARPA Funding 3,045,165 ‐ 3,045,165 3,057,202 ‐ (12,037) 100%1,419,369 115%Transfer In‐ ‐ ‐ ‐ ‐ ‐ ‐ Total Revenue 3,101,240$ ‐$ 3,101,240$ 3,189,676$ ‐$ (88,436)$ 103%1,831,870$ 74%EXPENDITURESLEOSE Expenditure 6,500$ ‐$ 6,500$ ‐$ ‐$ 6,500$ 0%2,500$ ‐100%Court Technology Expense ‐ 14,664 14,664 10,688 ‐ 3,976 73%9,051 Court Security Expense 16,936 ‐ 16,936 1,397 ‐ 15,539 8%11,635 ‐88%Police Donation Expense 26,204 ‐ 26,204 24,425 ‐ 1,779 93%10,318 137%Fire Donation Expense 5,000 ‐ 5,000 ‐ ‐ 5,000 0%8,364 ‐100%Child Safety Expense 39,698 ‐ 39,698 24,381 ‐ 15,317 61%‐ Tree Mitigation Expense 400,000 (366,400) 33,600 33,600 ‐ ‐ 100%2‐ Police Seizure Expense 8,227 ‐ 8,227 ‐ ‐ 8,227 0%4,250 ‐100%CARES Act/ARPA Funding‐ ‐ ‐ ‐ ‐ ‐ 1,420,316 ‐100%Transfer Out (Tree Mitigation funds)‐ 366,400 366,400 366,400 ‐ ‐ 100%3‐ Total Expenses 502,565$ 14,664$ 517,229$ 460,892$ ‐$ 56,337$ 89%1,466,433$ ‐69%REVENUE OVER (UNDER) EXPENDITURES 2,598,675$ (14,664)$ 2,584,011$ 2,728,784$ 365,436$ Beginning Fund Balance October 1 848,389 848,389 567,535 Ending Fund Balance Current Month 3,432,400$ 3,577,173$ 932,971$ Notes2,3 Funds have been spent/transferred to capital to be used for projects.TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORTSeptember 30, 2022Expected Year to Date Percent 100.%SPECIAL REVENUE FUNDS19Page 75Item 4. Current Year Current Year Current YearProjectProject Original Budget Amended Current Year Current Year Current Remaining Prior Years BudgetBudget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure BalanceREVENUESGrants‐$ ‐$ ‐$ ‐$ Bond Proceeds 34,688,033 ‐ 34,688,033 ‐ Interest Income‐ ‐ ‐ 218,023 Other Revenue‐ ‐ ‐ ‐ Transfers In ‐ General Fund 4,295,000 2,348,400 6,643,400 6,643,400 Transfers In ‐ Impact Fee Funds 2,180,000 ‐ 2,180,000 2,180,000 Transfers In ‐ Bond Funds‐ ‐ ‐ 12,954,985 Total Revenues 41,163,033$ 2,348,400$ 43,511,433$ 21,996,407$ EXPENDITURESFrontier Parkway BNSF Overpass 9,143,771 287,783 ‐ 287,783 488,938 ‐ (201,155) 8,855,826 (200,993) West Prosper Roads 14,168,828 518,952 ‐ 518,952 586 ‐ 518,366 14,016,735 151,507 Traffic Signal (Coit & First) 306,300 ‐ 19,500 19,500 ‐ ‐ 19,500 286,799 19,501 BNSF Quiet Zone First/Fifth 145,000 127,186 ‐ 127,186 ‐ ‐ 127,186 17,146 127,854 Prosper Trail (Coit‐Custer) 2 Lanes 6,422,068 1,006,205 700,868 1,707,073 1,053,978 ‐ 653,095 4,715,110 652,980 Cook Lane (First‐End) 20,799 ‐ 20,799 20,799 20,799 ‐ ‐ ‐ (0) Preston/First Turn Lane 100,000 100,000 ‐ 100,000 ‐ ‐ 100,000 ‐ 100,000 First St (DNT to Coleman) 4,011,567 2,293,095 310,941 2,604,036 133,214 ‐ 2,470,822 1,407,531 2,470,822 Fishtrap (Elem‐DNT) 4 Lanes 20,754,430 19,689,411 138,563 19,827,974 2,198,374 ‐ 17,629,600 873,947 17,682,109 First St (Coit‐Custer) 4 Lanes 22,085,000 21,012,639 175,800 21,188,439 1,819,148 ‐ (2,406,879) 921,427 19,344,425 Fishtrap, Segment 4 (Middle‐Elem) 2,944,190 205,011 1,714,417 1,919,428 1,757,546 ‐ 161,883 1,085,647 100,997 Preston/Prosper Trail Turn Lane 100,000 100,000 ‐ 100,000 ‐ ‐ 100,000 ‐ 100,000 Victory Way (Coleman‐Frontier) 2,500,000 ‐ ‐ ‐ ‐ ‐ ‐ 2,284,783 215,217 Craig Street (Preston‐Fifth) 450,000 450,000 ‐ 450,000 175,595 ‐ 274,405 ‐ 274,405 Prosper Trail/DNT Intersection Improvements 2,113,000 ‐ 78,645 78,645 61,059 ‐ 17,586 2,034,355 17,586 Fishtrap Section 1 & 4 778,900 19,200 6,500 25,700 1,500 ‐ 24,200 727,808 49,592 Fishtrap Segment 2 (PISD reimbursement) 1,063,033 1,063,033 ‐ 1,063,033 938,997 ‐ 133,773 ‐ 124,036 Fishtrap (Teel ‐ Gee Road) 6,025,000 6,025,000 ‐ 6,025,000 247 ‐ 6,024,753 ‐ 6,024,753 Gee Road (Fishtrap ‐ Windsong) 3,520,000 3,520,000 ‐ 3,520,000 4,052 ‐ 3,515,948 ‐ 3,515,948 Teel (US 380 Intersection Improvements) 1,280,000 1,180,000 ‐ 1,180,000 5,213 ‐ 1,174,787 ‐ 1,274,787 Coleman (Gorgeous ‐ Prosper Trail) 5,500,000 700,000 450,000 1,150,000 120,534 178,618 850,849 ‐ 5,200,849 Coleman (Prosper Trail ‐ PHS) 3,000,000 675,000 (300,000) 375,000 ‐ ‐ 375,000 ‐ 3,000,000 Legacy (Prairie ‐ Fishtrap) 8,225,000 850,000 ‐ 850,000 235,694 ‐ 614,307 ‐ 7,989,307 Teel Parkway (US 380 ‐ Fishtrap Rd) NB 2 Lanes (Design) 900,000 ‐ 750,000 750,000 82,943 ‐ 667,057 ‐ 817,057 Total Street Projects 115,556,886$ 59,822,515$ 4,066,034$ 63,888,549$ 9,098,416$ 178,618$ 32,845,081$ 37,227,114$ 69,052,738$ TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORTSeptember 30, 2022CAPITAL PROJECTS FUND ‐ GENERAL20Page 76Item 4. Current Year Current Year Current YearProjectProject Original Budget Amended Current Year Current Year Current Remaining Prior Years BudgetBudget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure BalanceTOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORTSeptember 30, 2022CAPITAL PROJECTS FUND ‐ GENERALDowntown Monument 455,000 204,257 43,546 247,803 37,296 ‐ 210,507 207,411 210,293 Turf Irrigation SH289 68,000 19,065 ‐ 19,065 ‐ ‐ 19,065 48,935 19,065 US 380 Median Design (Green Ribbon) 821,250 751,550 ‐ 751,550 ‐ ‐ 751,550 65,800 755,450 Whitley Place H&B Trail Extension 750,000 1,621 ‐ 1,621 ‐ ‐ 1,621 734,209 15,791 Whitley Place H&B Trail Extension (Pwr line Esmnt) 280,000 44,797 ‐ 44,797 ‐ ‐ 44,797 235,202 44,798 Tanner's Mill Phase 2 Design 1,030,000 951,700 433,621 1,385,321 681,991 ‐ 703,330 14,080 333,929 Lakewood Preserve, Phase 2 3,845,000 3,845,000 ‐ 3,845,000 ‐ ‐ 3,845,000 ‐ 3,845,000 Pecan Grove Ph II 67,500 7,606 35,959 43,565 39,670 ‐ 29,248 26,435 1,395 Downtown Pond Improvements 120,000 120,000 ‐ 120,000 11,760 ‐ 108,240 ‐ 108,240 Sexton Park Phase I 1,200,000 1,200,000 ‐ 1,200,000 154,672 ‐ 1,045,328 ‐ 1,045,328 Gee Road Trail Connection 700,000 700,000 ‐ 700,000 ‐ ‐ 700,000 ‐ 700,000 Coleman Median Landscape (Victory‐Preston) 650,000 650,000 ‐ 650,000 19,783 ‐ 630,217 ‐ 630,217 Prosper Trail Median Landscape 275,000 275,000 ‐ 275,000 7,352 ‐ 267,648 ‐ 267,648 Coleman Median Landscape (Talon‐Victory) 454,025 424,050 ‐ 424,050 342,713 ‐ 81,337 ‐ 111,312 Total Park Projects 10,715,775$ 9,194,646$ 513,125$ 9,707,771$ 1,295,236$ ‐$ 8,437,889$ 1,332,072$ 8,088,467$ PD Car Camera and Body worn Camera System 387,225 387,225 ‐ 387,225 ‐ 17,000 370,225 ‐ 370,225 Station #3 Quint Engine 1,350,000 1,350,000 145,000 1,495,000 1,376,727 (6,815) 125,088 ‐ (19,912) Station #3 Ambulance 460,000 460,000 35,000 495,000 415,749 (1,200) 80,451 ‐ 45,451 Street Broom 36,900 ‐ 43,960 43,960 43,960 ‐ ‐ ‐ (7,060) Storm Siren 33,860 294 33,566 33,860 33,566 ‐ 294 ‐ 294 Scag Wind Storm Blower 9,300 183 ‐ 183 ‐ ‐ 183 ‐ 9,300 Heavy Duty Trailer 18,250 ‐ 26,626 26,626 26,626 ‐ ‐ ‐ (8,376) Verti‐Cutter 12,000 ‐ 19,908 19,908 19,908 ‐ ‐ ‐ (7,908) Skid Steer 81,013 ‐ 81,013 81,013 81,013 ‐ ‐ ‐ ‐ Z‐Max Spreader/Sprayer 12,000 ‐ 12,590 12,590 12,590 ‐ ‐ ‐ (590) Park Ops Vehicle 25,889 ‐ 27,035 27,035 ‐ ‐ 27,035 ‐ 25,889 Bucket Truck 117,261 ‐ 126,757 126,757 126,757 ‐ ‐ ‐ (9,496) Awnings for Storage 19,800 19,800 ‐ 19,800 11,100 ‐ 8,700 ‐ 8,700 Engineering Vehicle 35,998 35,998 ‐ 35,998 40,226 ‐ (4,228) ‐ (4,228) Public Safety Complex FFE 4,000 4,000 4,000 ‐ ‐ 4,000 ‐ ‐ Public Safety Complex, Phase 2‐Design 1,555,615 ‐ 676,700 676,700 471,319 ‐ 205,380 ‐ 1,084,296 Public Safety Complex, Phase 2‐Dev Costs 670,000 661,750 (22,675) 639,075 83,257 ‐ 555,818 ‐ 586,743 Public Safety Complex, Phase 2‐Construction 14,500,000 14,499,671 ‐ 14,499,671 5,596,096 ‐ 8,903,575 ‐ 8,903,904 Public Safety Complex, Phase 2‐FFE 1,274,385 1,274,385 ‐ 1,274,385 50,161 ‐ 1,224,224 ‐ 1,224,224 Fire Engine Station 4 ‐ FUNDS REALLOCATED 1,100,000 1,100,000 (900,000) 200,000 ‐ ‐ 200,000 ‐ 200,000 Fire Station #4 ‐ Design 600,000 600,000 ‐ 600,000 337,839 ‐ 270,541 ‐ 262,161 Fire Station #4 ‐ Engine 1,250,000 ‐ 1,250,000 1,250,000 1,132,443 ‐ 117,557 ‐ 117,557 Fire Station #4 ‐ Ambulance 552,000 ‐ 552,000 552,000 42,555 (1,200) 510,644 ‐ 510,644 Fire Station #4 ‐ Other Costs 8,250 ‐ ‐ ‐ 8,250 ‐ (8,250) ‐ ‐ Total Facility Projects 24,109,746$ 20,393,306$ 2,111,480$ 22,500,786$ 9,910,142$ 7,786$ 12,591,238$ ‐$ 13,291,818$ Transfer Out ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Total Expenditures 150,382,407$ 89,410,467$ 6,690,639$ 96,097,107$ 20,303,794$ 186,404$ 53,874,208$ 38,559,186$ 90,433,023$ REVENUE OVER (UNDER) EXPENDITURES(52,585,674)$ 1,692,613$ Beginning Fund Balance (Restricted for Capital Projects) October 1 55,411,735 55,411,735 Ending Fund Balance (Restricted for Capital Projects) Current Month 2,826,061$ 57,104,348$ 21Page 77Item 4. Current YearCurrent YearCurrent YearProjectProject Original Budget Amended Current YearCurrent YearCurrent Remaining Prior Year BudgetBudget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure BalanceREVENUESInterest Income ‐$ ‐$ ‐$ 53,915$ Bond Proceeds 14,931,000 ‐ 14,931,000 ‐ Transfers In 563,323 ‐ 563,323 1,078,823 Transfers In ‐ Impact Fee Funds 10,500,000 ‐ 10,500,000 10,500,000 Transfers In ‐ Bond Funds‐ ‐ ‐ 134,715 Total Revenues 25,994,323$ ‐$ 25,994,323$ 11,767,453$ EXPENDITURESLower Pressure Plane Pump Station Design 24,331,100 22,746,000 432,371 23,178,371 507,144 ‐ 22,671,227 1,148,013 22,675,943 Fishtrap EST (South) 6,433,700 6,000 187,924 193,924 118,333 ‐ 75,591 6,239,583 75,784 Water Supply Line Phase I 13,181,703 133,230 37,227 170,457 ‐ ‐ 170,457 12,956,822 224,881 Custer Rd Meter Station/Water Line Relocation3,866,832 32,598 49,421 82,019 35,920 ‐ 46,099 3,795,144 35,768 E‐W Collector (Cook‐DNT) 680,775 128,000 5,400 133,400 ‐ ‐ 133,400 547,223 133,552 Doe Branch Parallel Interceptor‐ ‐ 4,500 4,500 4,500 ‐ ‐ ‐ (4,500) Frontier Water Line‐ ‐ ‐ 2,041 ‐ (2,041) ‐ (2,041) Fishtrap (Elem‐DNT) Water Line 5,000,000 5,000,000 ‐ 5,000,000 ‐ ‐ 5,000,000 ‐ 5,000,000 Total Water & Wastewater Projects53,494,110$ 28,045,828$ 716,843$ 28,762,671$ 667,937$ ‐$ 28,094,734$ 24,686,785$ 28,139,388$ Old Town Drainage 665,000 50,000 ‐ 50,000 ‐ ‐ 50,000 603,142 61,858 Frontier Park/Preston Lakes Drainage 1,085,000 985,000 ‐ 985,000 558,873 ‐ 426,127 36,510 489,617 Old Town Regional Pond #2 385,000 ‐ 45,751 45,751 28,638 ‐ 17,114 2,572 353,790 Old Town Drainage Broadway Design & Construction 691,686 60,240 6,398 66,638 10,098 ‐ 56,540 318,568 363,020 Total Drainage Projects 2,826,686$ 1,095,240$ 52,149$ 1,147,389$ 597,609$ ‐$ 549,780$ 960,792$ 1,268,285$ Transfer out‐ ‐ ‐ ‐ ‐ ‐ ‐ Total Expenses 56,320,796$ 29,141,068$ 768,992$ 29,910,060$ 1,265,546$ ‐$ 28,644,514$ 25,647,577$ 29,407,673$ (3,915,737)$ 10,501,906$ Beginning Fund Balance (Restricted for Capital Projects) October 1 5,258,203 5,258,203 Ending Fund Balance (Restricted for Capital Projects) Current Month 1,342,466$ 15,760,109$ TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORTSeptember 30, 2022CAPITAL PROJECTS FUND‐WATER/SEWER22Page 78Item 4. Page 1 of 2 To: Mayor and Town Council From: Chuck Ewings, Executive Director of Development and Infrastructure Services Through: Mario Canizares, Town Manager Re: Weatherproofing Services Contract Town Council Meeting – May 23, 2023 Agenda Item: Consider and act upon approving a contract with Weatherproofing Services utilizing the Interlocal Purchasing System (TIPS) for the renovation of the Town Hall water feature; and authorizing the Town Manager to execute documents for the same. Description of Agenda Item: The water feature located on the north side of Prosper Town Hall has needed repairs over the last two years. It has experienced leaks that have led to crumbling of the exterior finishes when water freezes behind the material. Additionally, the stainless steel that is located at the spillways of the feature has begun to rust and deteriorate. This proposal is to replace the stainless steel with stone material, line the interior of the feature with pool tile and seal accordingly, provide new lighting, and replace and seal the exterior finish to protect it from water penetration. This Town is a member of The Interlocal Purchasing System (TIPS) cooperative purchasing system, and this project has been competitively priced by TIPS. Budget Impact: This work was not budgeted due to the original estimates provided by staff. Cost estimates in the past were up to $250,000 to reconstruct the entire water feature. The proposed repairs may cause expenses to exceed the total facilities budget due to this proposed expense and other unplanned security projects, such as securing the library doors. This may require a budget amendment in the facilities management budget at the end of the year depending on final expenses. Savings in other areas are expected to be adequate to cover these additional expenses. The damage occurred after the expiration of the warranty period and the Town has made several insurance claims that have been denied each time. Attached Documents: 1. Quote from Weatherproofing Services FACILITIES Page 79 Item 5. Page 2 of 2 Town Staff Recommendation: Town Staff recommends the Town Council approve a contract with Weatherproofing Services utilizing the Interlocal Purchasing System (TIPS) for the renovation of the Town Hall water feature; and authorizing the Town Manager to execute documents for the same. Proposed Motion: I move to approve a contract with Weatherproofing Services utilizing the Interlocal Purchasing System (TIPS) for the renovation of the Town Hall water feature; and authorizing the Town Manager to execute documents for the same. Page 80 Item 5. PROPOSAL NUMBER: 231505-104-01 DATE: 05/15/2023 We propose to furnish equipment, labor and materials to complete the following scope: Scope of Work - North Fountain •Install temporary fence around work area. •Drain, prep & re-plaster fountains - 129' Quartzbrite Aruba Sky •Remove and replace waterline tile - Glass Tile TBD 200' •Demo limestone coping, haul off and Install Lueders limestone coping. 194sq ft •Demo fountain veneer, haul off an install 4' rough back stone. 258sqft •Core in (4) holes for new jandy nichless pool lights being install at fountains facing the parking lot. •Remove and replace mastic. 129' •At spill ways, matching limestone with coping, 4"-6" lips will be installed. (4) •Apply stone sealer to rough back veneer. 258sqftg •Note - Walkway has current hairline crack along west side running north and south. It is possible that the sidewalk becomes damaged in the removal of the stone around the fountain. If the sidewalk breaks or spalls additional charges will be applied to be repair with approved changed order. •Working hours are from 8am-5pm - Monday-Friday Price …………………………………..…………………….………. $83,077.20 TIPS Contract # 23010402 Texas HUB #: 1743139271500 WBENC #: 2005115574 _________________________ ___________ _________________________ Approved by: (Signature) Date Estimated By: Ricky Whitfield _________________________ (Print Name) Terms of Payment: We will invoice 100% upon completion, due upon receipt. Weatherproofing Services LLC will NOT be responsible for the possibility of nor the presence of mold and/or mildew resulting from water and/or other sources. This includes any contamination prior to or after work was completed by Weatherproofing Services LLC. This exclusion also pertains to microorganisms, biological organisms and/or organic contamination. TO: Town of Prosper JOB SITE: Town Hall 250 W First St. Prosper, TX 75078 ATTENTION: Robert Cook RE: Fountain Restoration Page ! of ! 1 3 ! ! ! 2336 Oak Grove Lane, Crossroads, Texas 76227 * 972-731-8222 * 972-731-8225 FAX Website: www.WsTexas.com * Email: Service@WsTexas.com Page 81 Item 5.   Page ! of ! 2 3 ! ! ! 2336 Oak Grove Lane, Crossroads, Texas 76227 * 972-731-8222 * 972-731-8225 FAX Website: www.WsTexas.com * Email: Service@WsTexas.com Page 82 Item 5. Page ! of ! 3 3 ! ! ! 2336 Oak Grove Lane, Crossroads, Texas 76227 * 972-731-8222 * 972-731-8225 FAX Website: www.WsTexas.com * Email: Service@WsTexas.com Page 83 Item 5. 05/13/2023 To Whom it May Concern: RE: Independent Cost Estimate Contractor Name: Weatherproofing Services RCC Services Estimate Number: TX3500029 Project Name: TIPS #23010402 Town of Prosper Town Hall Water Feature Renovation RCC Services was retained by Weatherproofing Services to provide an independent review of their proposal for the above referenced project for pricing validation purposes. The attached Independent Cost Estimate (I.C.E.) was derived from the Material Takeoffs, Scope of Work documents, Site Inspection Documentation, and project photos provided by the contractor. The attached report will provide you with our findings. The I.C.E. was created using RS Means on-line estimating software which utilizes the most current version of RS Means Cost Data. The construction means and methods for this I.C.E. were based upon our estimator’s professional experience in line item estimating and construction standard practices. The Cost data is based on a national average for line item pricing. The I.C.E. has been adjusted utilizing the most current RS Means Data QTR 1, 2023 and was further adjusted by the RS Means City Cost Index (CCI) for McKinney, Texas as well as the TIPS #23010402 Contract Co-Efficient. As a result of our efforts we have determined that the proposal from Weatherproofing Services is consistent within the industry standard of our I.C.E. If you have any questions regarding the attached documents please feel free to contact us. Sincerely, Jeremy Rotondo Jeremy Rotondo Vice President RCC Services, LLC jeremy@rccservices.net Page 84 Item 5. Tips Compliance Estimate Town of Prosper Water Fountain Reno Weatherproofing Services Division Totals Division 01 - General Requirements 33,501.60$ Division 02 - Existing Conditions 1,060.00$ Division 03 - Concrete 221.40$ Division 04 - Masonry 34,402.61$ Division 05 - Metals 5,225.24$ Division 06 - Wood, Plastics, and Composites -$ Division 07 - Thermal and Moisture Protection 442.72$ Division 08 - Openings -$ Division 09 - Finishes 8,067.04$ Division 10 - Specialties -$ Division 11 - Equipment -$ Division 12 - Furnishings -$ Division 13 - Special Construction 12,196.96$ Division 14 - Conveying Equipment -$ Division 21 - Fire Suppression -$ Division 22 - Plumbing -$ Division 23 - Heating, Ventilating, and Air Conditioning (HVAC)-$ Division 26 - Electrical 466.01$ Division 27 - Communications -$ Division 28 - Electronic Safety and Security -$ Division 31 - Earthwork -$ Division 32 - Exterior Improvements -$ Division 33 - Utilities -$ Division 34 - Transportation -$ RS MEANS PRICING TOTAL (MODIFIED BY CITY COST INDEX)101,729.69$ TIPS CONTRACT COEFFICIENT (MEANS BASED PRICING ONLY)8,138.38$ SUBTOTAL 93,591.31$ NON PREPRICED LINE ITEM TOTAL -$ NON PRICED ITEM COEFFICIENT -$ NON PRICED ITEM TOTAL -$ SUBTOTAL -$ P&P BOND @ 1.2%-$ TOTAL PRICE 93,591.31$ PROPOSED PRICE 83,077.20$ DISCOUNT TO MEMBER 1.126558367 Page 85 Item 5. 205 West First Street Prepared By:Jeremy Rotondo RCC Services, LLC. Prosper, Texas, 75078 Town of Prosper Water Feature Renovation Year 2023 Quarter 1 Unit Summary Report Date: 05/13/2023 Cost Estimate Report Division Description Total General RequirementsDivision 01 $33,501.60 Existing ConditionsDivision 02 $1,060.00 ConcreteDivision 03 $221.40 MasonryDivision 04 $34,402.61 Thermal and Moisture ProtectionDivision 07 $442.72 FinishesDivision 09 $8,067.04 Special ConstructionDivision 13 $12,196.96 ElectricalDivision 26 $466.01 Subtotal General Contractor's Markup on Subs Grand Total 20.00% Subtotal General Conditions 0.00% Subtotal TIPS #200201 Contract Co-efficient 0.92 $90,358.34 $11,371.35 $101,729.69 $101,729.69 -$8,138.38 $0.00 $93,591.31 1 Page 86 Item 5. 205 West First Street Jeremy Rotondo RCC Services, LLC.Prepared By: Prosper, Texas, 75078 Town of Prosper Water Feature Renovation Year 2023 Quarter 1 Unit Detail Report Date: 05/13/2023 Cost Estimate Report LineNumber Quantity Unit Description Total Incl. O&P Ext. Total Incl. O&P General RequirementsDivision 01 2.00 Week $4,274.00 $8,548.00013113200220Field personnel, project manager, maximum 3.00 Week $4,225.00 $12,675.00013113200280Field personnel, superintendent, maximum 1.00 Day $86.47 $86.47015433101100Rent core drill, electric, 2.5 H.P. 1" to 8" bit diameter, Incl. Hourly Oper. Cost. 3.00 Week $1,763.73 $5,291.19015433205450Rent truck flatbed 1axle 1-1/2 ton rating, Incl. Hourly Oper. Cost. 3.00 Week $80.65 $241.96015433406410Rent toilet portable chemical, Incl. Hourly Oper. Cost. 5.00 Week $934.07 $4,670.33015433407200Rent truck pickup 3/4 ton 4 wheel drive, Incl. Hourly Oper. Cost. 200.00 L.F.$8.28 $1,656.00015626500100Temporary fencing, chain link, 6' high, 11 ga 1.00 Costs $0.46 $92.20015626500100Cost adjustment factors, protection of existing work, add to construction costs for particular job requirements, maximum 1.00 M.S.F.$60.71 $60.71017413200052Cleaning up, cleanup of floor area, continuous, per day, during construction 1.00 Costs $3.76 $3.76017413200052Cost adjustment factors, protection of existing work, add to construction costs for particular job requirements, maximum 2.00 M.S.F.$82.84 $165.68017413200100Cleaning up, cleanup of floor area, final by GC at end of job 1.00 Costs $5.16 $10.31017413200100Cost adjustment factors, protection of existing work, add to construction costs for particular job requirements, maximum Division 01 $33,501.60General Requirements Subtotal Existing ConditionsDivision 02 2.00 Week $530.00 $1,060.00024119190700Selective demolition, rubbish handling, dumpster, 10 C.Y., 3 ton capacity, weekly rental, includes one dump per week, cost to be added to demolition cost Division 02 $1,060.00Existing Conditions Subtotal 1Page 87 Item 5. LineNumber Quantity Unit Description Total Incl. O&P Ext. Total Incl. O&P ConcreteDivision 03 4.00 Ea.$52.19 $208.76038213100200Concrete core drilling, core, reinforced concrete slab, 2" diameter, up to 6" thick slab, includes bit cost, layout and set up time 1.00 Costs $3.16 $12.64038213100200Cost adjustment factors, protection of existing work, add to construction costs for particular job requirements, maximum Division 03 $221.40Concrete Subtotal MasonryDivision 04 140.00 L.F.$2.45 $343.00040505103040Selective demolition, masonry, copings, precast or masonry, hard mortar, to 8" wide, remove 1.00 Costs $0.17 $24.01040505103040Cost adjustment factors, protection of existing work, add to construction costs for particular job requirements, maximum 258.00 S.F.$2.18 $562.44040505105140Selective demolition, masonry, veneers, stone, 4" thick 1.00 Costs $0.15 $39.37040505105140Cost adjustment factors, protection of existing work, add to construction costs for particular job requirements, maximum 258.00 S.F.$97.65 $25,193.70044310551200Limestone veneer facing panel, sugarcube finish, 4" thick, 5' x 11' 1.00 Costs $4.90 $1,264.12044310551200Cost adjustment factors, protection of existing work, add to construction costs for particular job requirements, maximum 146.00 L.F.$45.62 $6,660.52047210100300Limestone coping, stock units, 12" wall, 4" thick, includes mortar, excludes scaffolding 1.00 Costs $2.16 $315.45047210100300Cost adjustment factors, protection of existing work, add to construction costs for particular job requirements, maximum Division 04 $34,402.61Masonry Subtotal Thermal and Moisture ProtectionDivision 07 129.00 S.F.$3.24 $417.96071353102100Elastomeric sheet waterproofing, for application to horizontal surfaces, fiberglass reinforced, 1/8" thick, fluid applied 1.00 Costs $0.19 $24.76071353102100Cost adjustment factors, protection of existing work, add to construction costs for particular job requirements, maximum Division 07 $442.72Thermal and Moisture Protection Subtotal FinishesDivision 09 200.00 S.F.$0.98 $196.00090505202020Flooring demolition, tile, ceramic, mud set 1.00 Costs $0.07 $13.72090505202020Cost adjustment factors, protection of existing work, add to construction costs for particular job requirements, maximum 129.00 S.F.$1.06 $136.74090505208150Remove mastic only 258.00 S.F.$0.96 $247.68093013201200Ceramic tile, seal tile and grout with penetrating sealer 1.00 Costs $0.07 $17.34093013201200Cost adjustment factors, protection of existing work, add to construction costs for particular job requirements, maximum 2Page 88 Item 5. LineNumber Quantity Unit Description Total Incl. O&P Ext. Total Incl. O&P 200.00 S.F.$35.34 $7,068.00093223101060Glass mosaics, blend, 2" tile on 12" sheet 1.00 Costs $1.94 $387.56093223101060Cost adjustment factors, protection of existing work, add to construction costs for particular job requirements, maximum Division 09 $8,067.04Finishes Subtotal Special ConstructionDivision 13 500.00 SF Surf $15.06 $7,530.00131113504000Swimming pool, replaster, 2 coats portland cement, 1/2" thick 1.00 Costs $1.04 $518.20131113504000Cost adjustment factors, protection of existing work, add to construction costs for particular job requirements, maximum 4.00 Ea.$975.39 $3,901.56131146502100Swimming pool equipment, lights, underwater, with transformer, 12 volt, 300 watt 1.00 Costs $61.80 $247.20131146502100Cost adjustment factors, protection of existing work, add to construction costs for particular job requirements, maximum Division 13 $12,196.96Special Construction Subtotal ElectricalDivision 26 4.00 Job $108.88 $435.52260519909000Wire, minimum labor/equipment charge 1.00 Costs $7.62 $30.49260519909000Cost adjustment factors, protection of existing work, add to construction costs for particular job requirements, maximum Division 26 $466.01Electrical Subtotal 20.00%$11,371.35 Subtotal General Contractor's Markup on Subs $90,358.34 $101,729.69Subtotal General Conditions 0.00%$0.00 $101,729.69Subtotal TIPS #200201 Contract Co-Efficient 0.92 $93,591.31Grand Total -$8,138.38 3Page 89 Item 5. Page 1 of 1 To: Mayor and Town Council From: David Soto, Planning Manager Through: Mario Canizares, Town Manager Chuck Ewings, Executive Director of Development and Infrastructure Services David Hoover, Director of Development Services Re: Planned Development Ordinance Windsong Ranch Town Council Meeting – May 23, 2023 Agenda Item: Consider and act upon an ordinance to amend 168± acres Planned Development-40 (PD-40) for Residential Use (Phases 7F and 7G) regarding building materials, located on the northside of First Street and west of Windsong Parkway. (ZONE-23-0006) Description of Agenda Item: On May 09, 2023, the Town Council approved the proposed rezoning request, by a vote of 5-0. An ordinance has been prepared accordingly. The Development Agreement between the Town of Prosper and VP Windsong Operations, LLC, is also on the May 23, 2023, Town Council agenda for consideration. Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Ordinance 2. Ordinance Exhibits Staff Recommendation: Staff recommends approval of an ordinance to amend to amend 168± acres Planned Development-40 (PD-40) for Residential Use (Phases 7F and 7G) regarding building materials, located on the northside of First Street and west of Windsong Parkway. Proposed Motion: I move to approve an ordinance to amend 168± acres Planned Development-40 (PD-40) for Residential Use (Phases 7F and 7G) regarding building materials, located on the northside of First Street and west of Windsong Parkway. PLANNING Page 90 Item 6. Ordinance No. 2023-___, Page 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-XX AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF LAND CONSISTING OF 168.550 ACRES, MORE OR LESS, SITUATED IN THE L. RUE SURVEY, ABSTRACT NO. 1110, THE J. TEETER SURVEY, ABSTRACT NO. 1262, THE P.R. RUE SURVEY, ABSTRACT NO. 1555, THE J. MORTON SURVEY, ABSTRACT NO. 793, THE A. JAMISON SURVEY, ABSTRACT NO. 672, THE B. WEEDIN SURVEY, ABSTRACT NO. 1369, THE R. YATES SURVEY, ABSTRACT NO. 1538, AND THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 1476, TOWN OF PROSPER, DENTON COUNTY, TEXAS, FROM PLANNED DEVELOPMENT-40 (PD-40) TO PLANNED DEVELOPMENT- 40, AS AMENDED; DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has investigated and determined that the Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request (Case Zone- 23-0006) from VP Windsong Operations, LLC, ( “Applicants”), to rezone 168.550 acres of land, more or less, in the L. Rue Survey, Abstract No. 1110, the J. Teeter Survey, Abstract No. 1262, the P.R. Rue Survey, Abstract No. 1555, the J. Morton Survey, Abstract No. 793, the A. Jamison Survey, Abstract No. 672, the B. Weedin Survey, Abstract No. 1369, the R. Yates Survey, Abstract No. 1538, and the M.E.P. & P.R.R. Survey, Abstract No. 1476, Town of Prosper, Denton County, Texas, from Planned Development-40 to Planned Development-40, As Amended (PD-40) and being more particularly described in Exhibit A-3 and Exhibit A-4, attached hereto and incorporated herein for all purposes; and WHEREAS, the Town Council has investigated and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, Public Hearings have been held, and all other requirements of notice and completion of such procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Page 91 Item 6. Ordinance No. 2023-___, Page 2 SECTION 2 Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance, as amended, is hereby amended as follows: The zoning designation of the below described property containing 168.550 acres of land, more or less, in the L. Rue Survey, Abstract No. 1110, the J. Teeter Survey, Abstract No. 1262, the P.R. Rue Survey, Abstract No. 1555, the J. Morton Survey, Abstract No. 793, the A. Jamison Survey, Abstract No. 672, the B. Weedin Survey, Abstract No. 1369, the R. Yates Survey, Abstract No. 1538, and the M.E.P. & P.R.R. Survey, Abstract No. 1476, Town of Prosper, Denton County, and all streets, roads, and alleyways contiguous and/or adjacent thereto are hereby zoned as Planned Development-40 As Amended and being more particularly described in Exhibit A-3 and Exhibit A-4, attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with (1) the Statement of Intent and Purpose, attached hereto as Exhibit B; (2) the Development Standards, attached hereto as Exhibit C, all of which are incorporated herein for all purposes as if set forth verbatim, subject to the following conditions of approval by the Town Council: Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation, or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from Page 92 Item 6. Ordinance No. 2023-___, Page 3 filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 23RD DAY OF MAY, 2023. ______________________________ David F. Bristol, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 93 Item 6. Scale: 1" = 300' March, 2023 SEI Job No. 20-240 S N W E EXHIBIT A WINDSONG RANCH PHASES 7F & 7G BOUNDARY TOWN OF PROSPER, DENTON COUNTY, TEXAS Page 94 Item 6. WHEREAS VP Windsong Operations LLC and VP Windsong Investments LLC are the owners of a tract of land situated in the L. Rue Survey, Abstract No. 1110, the J. Teeter Survey, Abstract No. 1262, the P.R. Rue Survey, Abstract No. 1555, the J. Morton Survey, Abstract No. 793, the A. Jamison Survey, Abstract No. 672, the B. Weedin Survey, Abstract No. 1369, the R. Yates Survey, Abstract No. 1538, and the M.E.P. & P.R.R. Survey, Abstract No. 1476, Town of Prosper, Denton County, Texas, being all of Windsong Ranch Phases 7F and a portion of tracts conveyed by deeds recorded in Document No. 2020-191377, Document No. 2021-53914, Document No. 2018-84666 and the Document No. 2018-142926 of the Official Public Records, Denton County, Texas (OPRDCT), with the subject tract being more particularly described as follows: Beginning at a 1/2" iron rod with plastic cap stamped “SPIARSENG” found for the northwest corner of Windsong Ranch Phase 7F and the southwest corner of Windsong Ranch Phase 7D; THENCE, S 77°48'15" E, 71.33 feet to a 1/2" iron rod with plastic cap stamped “SPIARSENG” found; THENCE, S 35°52'41" E, 13.49 feet to a 1/2" iron rod with plastic cap stamped “SPIARSENG” found; THENCE around a non-tangent curve to the left having a central angle of 05°29'01", a radius of 725.00 feet, a chord of S 86°36'54" E - 69.36 feet, an arc length of 69.39 feet to a 1/2" iron rod with plastic cap stamped “SPIARSENG” found; THENCE, S 89°21'25" E, 606.05 feet to a 1/2" iron rod with plastic cap stamped “SPIARSENG” found; THENCE, S 00°38'35" W, 50.00 feet to the south line of existing Old Red Lane, a 1/2" iron rod with plastic cap stamped “SPIARSENG” found; THENCE N 89°21'25" W, 77.39 feet to a 1/2" iron rod with plastic cap stamped “SPIARSENG” found; THENCE S 46°16'34" W, 14.30 feet to a 1/2" iron rod with plastic cap stamped “SPIARSENG” found; THENCE S 01°54'33" W, 67.94 feet to a 1/2" iron rod with plastic cap stamped “SPIARSENG” found; THENCE around a tangent curve to the right having a central angle of 03°42'00", a radius of 210.00 feet, a chord of S 03°45'34" W - 13.56 feet, an arc length of 13.56 feet to a 1/2" iron rod with plastic cap stamped “SPIARSENG” found; THENCE S 88°05'27" E, 120.41 feet to a 1/2" iron rod with plastic cap stamped “SPIARSENG” found; THENCE around a non-tangent curve to the right having a central angle of 00°19'27", a radius of 1565.00 feet, a chord of S 01°44'50" W - 8.86 feet, an arc length of 8.86 feet to a 1/2" iron rod with plastic cap stamped “SPIARSENG” found; THENCE S 01°54'33" W, 179.18 feet to a 1/2" iron rod with plastic cap stamped “SPIARSENG” found; Page 95 Item 6. THENCE around a tangent curve to the left having a central angle of 39°31'19", a radius of 645.00 feet, a chord of S 17°51'06" E - 436.14 feet, an arc length of 444.91 feet to a 1/2" iron rod with plastic cap stamped “SPIARSENG” found; THENCE S 37°36'45" E, 130.71 feet to a 1/2" iron rod with plastic cap stamped “SPIARSENG” found; THENCE S 37°36'45" E, 252.00 feet to a 1/2" iron rod with plastic cap stamped “SPIARSENG” found; THENCE S 49°55'58" E, 148.30 feet; THENCE S 61°03'55" E, 198.34 feet; THENCE S 18°24'30" W, 210.94 feet; THENCE S 65°01'53" W, 396.79 feet; THENCE S 57°30'57" W, 254.58 feet; THENCE S 51°39'13" W, 208.16 feet; THENCE S 78°30'31" W, 306.95 feet; THENCE N 71°24'03" W, 89.16 feet; THENCE S 84°10'09" W, 147.00 feet; THENCE S 71°30'22" W, 154.91 feet; THENCE S 02°46'44" E, 78.96 feet; THENCE S 49°09'59" E, 183.24 feet; THENCE S 26°45'00" W, 245.19 feet; THENCE S 58°39'48" W, 136.20 feet; THENCE N 45°34'25" W, 76.11 feet; THENCE S 56°39'24" W, 205.92 feet; THENCE S 26°10'06" W, 142.86 feet; THENCE S 44°45'17" W, 305.47 feet; THENCE S 14°03'28" W, 103.32 feet; THENCE S 60°55'18" E, 96.96 feet; Page 96 Item 6. THENCE N 75°43'21" E, 119.82 feet; THENCE S 66°25'13" E, 86.79 feet; THENCE S 24°51'53" W, 100.94 feet; THENCE S 55°51'44" W, 188.78 feet; THENCE S 01°29'53" W, 244.44 feet; THENCE S 31°01'55" E, 234.59 feet; THENCE S 05°42'25" W, 158.94 feet; THENCE N 70°01'22" E, 60.63 feet; THENCE N 81°42'26" E, 132.05 feet; THENCE N 24°21'23" E, 129.80 feet; THENCE N 89°15'23" E, 132.98 feet; THENCE S 86°29'05" E, 154.84 feet; THENCE N 58°58'59" E, 131.12 feet; THENCE N 02°00'36" E, 77.61 feet; THENCE N 21°17'34" E, 112.45 feet; THENCE N 69°06'36" E, 134.32 feet; THENCE S 63°07'16" E, 216.70 feet; THENCE N 36°51'32" E, 70.61 feet; THENCE N 13°15'38" W, 113.40 feet; THENCE N 77°28'31" E, 141.93 feet; THENCE S 84°20'13" E, 112.22 feet; THENCE S 28°02'08" E, 506.00 feet; THENCE, around a non-tangent curve to the left having a central angle of 100°45'58", a radius of 50.00 feet, a chord of N 71°56'11" W - 77.03 feet, an arc length of 87.93 feet; THENCE S 85°26'58" E, 135.10 feet; THENCE S 04°33'02" W, 210.64 feet; Page 97 Item 6. THENCE S 80°15'18" E, 70.29 feet to a 1/2" iron rod with plastic cap stamped “SPIARSENG” found on the north line of First Street, a public right-of-way; THENCE N 85°26'58" W, 596.54 feet along the north line of said First Street; THENCE, around a tangent curve to the left along the north line of said First Street, having a central angle of 18°06'28", a radius of 945.00 feet, a chord of S 85°29'48" W - 297.42 feet, an arc length of 298.66 feet; THENCE departing the north line of First Street N 85°52'00" W, 940.26 feet; THENCE, around a non-tangent curve to the right having a central angle of 17°53'24", a radius of 1460.00 feet, a chord of N 77°33'16" W - 454.02 feet, an arc length of 455.87 feet; THENCE N 86°59'52" W, 401.85 feet; THENCE N 55°00'39" E, 119.81 feet; THENCE N 30°55'58" E, 106.08 feet; THENCE N 08°13'30" E, 50.53 feet; THENCE N 25°06'31" E, 589.17 feet; THENCE N 04°22'38" W, 62.21 feet; THENCE N 34°34'46" W, 115.39 feet; THENCE N 21°29'19" W, 181.60 feet; THENCE N 03°44'11" W, 76.15 feet; THENCE N 09°24'27" E, 426.73 feet; THENCE N 02°36'54" W, 198.25 feet; THENCE N 10°55'56" W, 296.33 feet; THENCE N 33°40'39" E, 147.82 feet; THENCE N 10°53'11" E, 59.56 feet; THENCE N 15°11'02" W, 113.48 feet; THENCE N 03°08'35" W, 96.14 feet; THENCE N 28°25'50" W, 164.34 feet; THENCE N 09°41'12" E, 65.39 feet; THENCE N 55°34'32" E, 144.27 feet; Page 98 Item 6. THENCE N 81°45'35" E, 62.38 feet; THENCE S 67°52'21" E, 112.82 feet; THENCE N 68°45'34" E, 85.56 feet; THENCE N 08°25'57" E, 61.20 feet; THENCE S 89°17'21" W, 164.34 feet; THENCE N 03°32'47" W, 929.90 feet; THENCE S 85°47'35" W, 228.77 feet; THENCE N 02°06'10" E, 1767.38 feet; THENCE S 88°23'11" E, 1111.78 feet; THENCE S 00°10'32" W, 125.32 feet; THENCE N 88°59'25" E, 713.52 feet; THENCE along the west line of Windsong Ranch Phases 7D & 7H, an addition to the Town of Prosper as recorded in Document 2022-232 OPRDCT, the following: THENCE S 22°48'49" E, 112.94 feet; THENCE S 22°37'49" W, 91.00 feet; THENCE N 88°49'33" W, 55.12 feet; THENCE N 73°12'32" W, 168.99 feet; THENCE S 85°30'14" W, 80.30 feet; THENCE S 48°54'35" W, 53.93 feet; THENCE S 03°05'01" W, 81.40 feet; THENCE S 15°35'39" W, 90.38 feet; THENCE S 88°02'05" W, 68.80 feet; THENCE N 62°59'32" W, 118.27 feet; THENCE N 83°57'10" W, 178.07 feet; THENCE S 70°59'05" W, 363.17 feet; THENCE S 16°43'56" W, 95.66 feet; Page 99 Item 6. THENCE S 25°09'48" E, 181.04 feet; THENCE S 59°44'46" W, 52.17 feet; THENCE N 86°18'18" W, 260.23 feet; THENCE S 63°08'43" W, 102.33 feet; THENCE S 14°42'04" W, 100.91 feet; THENCE S 36°44'09" E, 241.21 feet; THENCE S 06°16'07" W, 65.76 feet; THENCE S 25°44'58" W, 336.71 feet; THENCE S 79°11'44" E, 761.64 feet to the POINT OF BEGINNING with the subject tract containing 7,342,047 square feet or 168.550 acres of land. Page 100 Item 6. Page 101Item 6. Page 102Item 6. EXHIBIT “C” Development Standards for Windsong Ranch, Town of Prosper, Texas Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these Development Standards, the regulations of the Town’s Zoning Ordinance (Ordinance No. 05-20 as it currently exists or may be amended) and Subdivision Ordinance (as it currently exists or may be amended) shall apply. 1. Amenity Program a. General. As a master planned community, Windsong Ranch will have a programmed and qualitatively controlled system of amenities throughout. These amenities combine to create an overall sense of place that would be difficult to achieve when considered as independent elements within smaller developments. The community amenities that are addressed within these Development Standards are: • Primary Community Entries • Secondary Community Entries • Neighborhood Entries • Thoroughfare Landscape Buffers • Community Park • Community Amenity Center • Floodplain / Greenway Parks • Neighborhood Parks • Pocket Parks b. Primary Community Entries a. Major points of entry into Windsong Ranch (minimum two locations, including at least one entry along U.S. 380) will be defined with a combination of monument signage, landscape and lighting to create a sense of arrival commensurate in scale and character with a 2,120.54 acre master planned community (see representative examples below). These entries will include: • Community name / logo incorporated into monument signage element, to be constructed of masonry or similar material; • Enhanced landscape, including seasonal color, shrubs, groundcover, perennials and unique combinations of both canopy and ornamental trees; • Enhanced lighting on the monument / signage and the unique aspects of the landscape; • Water will be considered as an accent feature if land and topography permit, and if compatible with the overall physical design theme for the community. Page 103 Item 6. b. Primary entries will be developed to incorporate both sides of the entry roadway when both are contained within Windsong Ranch, and will also include enhancements to the median in the immediate area (where / if applicable). Landscape easements will be provided to ensure adequate space to provide for visibility triangle(s) and adequate development of entry design. c. Secondary Community Entries a. Secondary community entries will be similar to primary community entries in their use of compatible building and landscape materials, but will be smaller in scale and land area. They will occur at the outside edges of Windsong Ranch, at the entries for either arterials or collectors into the community. It is anticipated that a minimum of three secondary entries will be provided for the community, primarily along Teel Parkway (see representative examples below). Secondary community entries will include the following elements, scaled slightly smaller than the primary entries: • Community name / logo incorporated into monument signage element, to be constructed of masonry or similar material; • Enhanced landscape, including seasonal color, shrubs, groundcover, perennials and unique combinations of both canopy and ornamental trees; • Enhanced lighting on the monument / signage and the unique aspects of the landscape; • Center median to allow for more landscape density and also provide alternative location for neighborhood identification and way-finding graphics; • Landscape easements where required to accommodate enhanced landscape and monument construction. b. Neighborhood Entries. Internal to Windsong Ranch and along both arterials and collectors, points of intersection will be enhanced to denote entries into individual ‘villages’ or neighborhoods. These entries will resemble primary and secondary entries in their use of materials and Page 104 Item 6. landscape, but will also incorporate village or neighborhood names and will contribute to a unique, community-wide system of visual way finding. d. Thoroughfare Landscape Buffers (Arterial and Collector Roads) - 25’Min.). Thoroughfares will provide a continuity of design from primary and secondary points of community entry throughout the entirety of Windsong Ranch. These thoroughfares and the adjacent landscape buffers are intended to include the following: • Screen walls composed primarily of ornamental metal fence with living screen or stone or stone veneer (allowing brick accent), ONLY if the Town determines that mitigating circumstances (land area / depth, topography, etc) will not allow natural landscape to buffer adjacent land uses (no builder fencing allowed); • Enhanced grading / berms combined with landscape (grass, trees, accent shrubs and groundcover at entry points) to provide design continuity and buffer adjacent land uses; • Street tree system throughout (formal and/or informal in arrangement – design to be determined), to visually identify the hierarchy of streets and neighborhoods. A variety of tree species will be provided, including canopy / shade and smaller flowering, ornamentals of a minimum 3 inch caliper for every 30 lineal feet which with requested approval by the Town at the time of submission of a preliminary plat may be grouped and in no case shall there be less than the total number of street trees as required by this subsection; • Continuous 6’ sidewalks on both sides of the thoroughfare (sidewalks interior to Residential may be 5’); • Integrated neighborhood / ‘village’ entries at points of intersection. e. Community Park Windsong Ranch will include one community park (of approximately 50 acres) that shall be dedicated to the Town in accordance with the Preannexation Agreement. Schedule for improvements and requirements for maintenance are described in Section 4 of the Development Standards. It is intended that this park include sports and athletic facilities, passive and natural spaces and associated parking - all of a scope and type to be determined in coordination with Town staff. Following are parameters of design intended for this facility: • Location will be along one of the open space / greenway parks in order to facilitate pedestrian connectivity to the neighborhoods; • Facility design will utilize materials (masonry, pavements, landscape, lighting) that are compatible with other common area improvements within the Windsong Ranch community; • Specific facilities to be determined in coordination with Town staff, but may include some combination of the following: ✓ 8’ wide hike and bike trails ✓ Softball / Baseball field(s) (lighted); ✓ Soccer field(s) (lighted); Page 105 Item 6. ✓ Football field(s) ✓ Multipurpose field(s) ✓ Shade pavilion(s); ✓ Parking; ✓ Trailhead connections to adjacent floodplain / greenway parks; ✓ Site furnishings, including benches, water fountains, trash receptacles; ✓ Enhanced landscape at entries, and irrigated turf in all maintained (developed) areas. f. Community Amenity Center a. At least one Community Amenity Center shall be developed within Windsong Ranch, providing a range of more active, family oriented activities in a ‘resort’ style environment (see representative examples above). This facility will be HOA maintained and provide the “centerpiece” recreational amenity for the entire community. Like the community park, this facility is intended to be located along the floodplain / greenway parks system to accommodate pedestrian and bicycle access from the neighborhoods of Windsong Ranch. A. A Community Amenity Center will be completed along with the initial phase of residential development, within the Single- Family Residential Tract. B. Three (3) additional Neighborhood Amenity Centers will be built upon completion of each successive phase of residential development, each phase to include approximately 750 homes, within the Single-Family Residential tract. b. The intended program for the Community Amenity Center facility shall include multiple elements from the following list: • Active adult and children’s pools; • Water slides and water play features; • Paved and turf chaise areas; • Community building, with interior and exterior spaces programmed for resident and HOA uses, including possible inclusion of a kitchen, community room, meeting room(s), fitness room, and storage area(s); • Restrooms (in the community building and possibly additionally at the pool area(s); • Convenience parking (quantity to be determined based upon code compliance); • Children’s playground facility(s); • Sport court(s); • Trailhead linkages to the floodplain / greenway parks. Page 106 Item 6. c. Floodplain / Greenway Parks A. Windsong Ranch includes over 550 acres of flood plain corridors through the property. Significant portions of these corridors are rich in native flora and fauna, and are intended to be preserved in a natural condition, with only minimal impact to allow hike / bike trail linkages. Other areas are more open and less valuable as a native resource, and these areas may be developed to include a golf course or ponds and fountains that contribute to the overall storm drainage system and provide enhanced value to the community. All of these corridors shall be interconnected with a series of paths and trails, with an overall hike / bike trail system throughout. Following are the key components of this system of open space through the community: • Master hike / bike trail – minimum 8’ in width – concrete or other material approved by the Town – linking all neighborhoods, schools and amenities; • Secondary paths and trails – minimum 8’ in width – concrete or ‘soft’ surface (decomposed granite, crushed fines) is permitted for HOA maintained trails– providing secondary linkages and ‘spur’ connections to the hike / bike trail system; • Native preservation areas in locations of most desirable existing vegetation, including wetland, upland and forested environments; • Trailhead locations at community amenity sites and at schools, to include trail maps, bike racks, and site furnishings (trash, seating); • Ponds and water features in open areas where impacts to existing vegetation will not be an issue and storm drainage requirements can be enhanced – ponds to include predominantly native, soft edges, safety shelves, water circulation / aeration to ensure water quality. Page 107 Item 6. d. Neighborhood Parks A. Windsong Ranch will include a minimum of three, 7.5 acre (each) neighborhood parks, distributed throughout the community in areas that are linked by the floodplain / greenway parks system and that contribute to ensuring a maximum ¼ mile walk from any neighborhood to a park or open space amenity. Additional requirements for schedule of completion for these facilities, as well as maintenance, can be found in Section 4 of the Development Standards. B. Neighborhood parks shall be designed as a complementary component of the Windsong Ranch amenities program, including consideration of alternative uses, and the use of compatible materials (hardscape, landscape and, if included, lighting). These parks are to be integrated within the open space system as well as the neighborhoods that they serve. Neighborhood parks may include features and elements from the following list of amenities; • Open play fields (non-lit); • Sport courts; • Covered pavilion or shade structure; • Children’s playgrounds segregated by age groups (i.e. 2-5 and 5-12); • Parking for +/- 10 spaces; • Grading around perimeter to provide safety for playfields and street frontages; • 8’ sidewalks around site linking facilities and providing connections to adjacent floodplain / greenway parks; • Town’s Park signage approved by the Parks Board consistent with community theme. Page 108 Item 6. e. Pocket Parks Additional components of the Windsong Ranch amenities program are smaller pocket parks within individual neighborhoods. These parks will be an HOA maintained component of the open space system, and allow for: • Providing valuable open space in adjacency to smaller homes; • integration of existing tree rows and other natural features that warrant preservation; • ensuring one-quarter mile resident walks to a component of the open space system; • additional passive and moderately active recreational opportunities, including: ✓ open play areas; ✓ natural interpretive areas; ✓ neighborhood playgrounds; ✓ children’s water play area; ✓ small neighborhood gathering spaces. 2. Single-Family Residential Tract a. General Description: Residential uses shall be permitted throughout the Property as set forth herein. b. Allowed Uses: Land uses allowed within the Single-Family Residential Tract are as follows: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are permitted subject to conditional development standards. Conditional development standards are set forth in Chapter 3, Section 1 of the Town’s Zoning Ordinance. • Accessory buildings incidental to the allowed use and constructed of the same materials as the main structure. • Churches / rectories • Civic facilities • Community Landscape Maintenance Facility (as outlined in Section 2.g.) • Electronic security facilities, including gatehouses and control counter • Fire stations and public safety facilities • Guest House • Home Occupation C • Model Home • Park or Playground • Private Recreation Center • Private Street Development and gated communities S Page 109 Item 6. • Public or Private Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts, to be stated on plat • Single family residential uses as described herein • Schools – public or private • Golf Course for Country Club (including clubhouse, maintenance facilities, on-course food and beverage structure, and on course restroom facilities.) • Temporary real estate sales offices for each builder during the development and marketing of the Planned Development which shall be removed no later than 30 days following the final issuance of the last Certificate of Occupancy (CO) on the last lot owned by that builder. • Temporary buildings of the builders and uses incidental to construction work on the premises, which shall be removed upon completion of such work. • Townhouses (only as a buffer use as set forth herein) • Utility distribution lines and facilities. Electric substations shall be allowed at the sole discretion of the Developer. c. Density: The maximum number of single family detached units for the Properties is 3,324, of which 1,758 lots shall be in Phases 6 through 9 (as depicted on Exhibits A-3 and A-4). d. Lot Types: The single family detached lots developed within the Properties shall be in accordance with the following Lot Types: • Type A Lots: Minimum 8,000 square foot lots • Type B Lots: Minimum 9,000 square foot lots • Type C Lots: Minimum 10,500 square foot lots • Type D Lots: Minimum 12,500 square foot lots • Type E Lots: Minimum 6,000 square foot lots • Type F Lots: Minimum 20,000 square foot lots e. Lot Type Development Threshold: A. Planning and Zoning Commission can approve up to three hundred (300) Type E final platted Lots prior to the final acceptance by Town of twenty (20) Type F Lots. f. Area and building regulations: a. Type A Lots: The area and building standards for Type A Lots are as follows and as set forth in Table 1: A. Minimum Lot Size. The minimum lot size for Type A Lots shall be 8,000 square feet. A typical lot will be 60’ x 133’, but may vary as long as requirements in Table 1 are accommodated. B. Minimum Lot Width. The minimum lot width for Type A Lots shall be sixty (60) feet. Page 110 Item 6. C. Minimum Yard Setbacks. i. Minimum Front yard Setback: The minimum Front yard setback for Type A Lots shall be twenty-five (25) feet. The minimum front yard and rear yard requirements for staggering the front yards, as set forth in Section 9.3.F of the Town’s Zoning Ordinance, as amended shall apply to Type A Lots. ii. Minimum Side yard Setback: (a) The minimum Side yard setback for Type A Lots shall be eight (8) feet. (b) For courtyard homes, as defined herein, the minimum side yard setback shall be either fourteen (14) feet for one side and two (2) feet for the other side yard or thirteen (13) feet for one side and three (3) feet for the other side yard. Windows on the 2’ or 3’ side of the courtyard home will not be allowed unless they are opaque or consist of glass block. (c) For corner lots, the minimum Side yard setback shall be fifteen (15) feet. iii. Minimum Rear yard Setback: (a) The minimum Rear yard setback shall be twenty-five (25) feet. (b) For Courtyard Homes, as defined herein, the minimum Rear yard setback is ten (10) feet for a maximum number of lots not to exceed one hundred and forty (140) Type A lots. iv. Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. Swing-in garages may encroach into required front yards up to ten (10) feet. Front facing garages are permitted to extend to the front façade of the main structure, but may not encroach into the required front yard. D. Minimum Floor Space. Each dwelling constructed on a Type A Lot shall contain a minimum of one thousand, nine hundred (1,900) square feet of floor space. Floor space shall include air- Page 111 Item 6. conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling. E. Height. The maximum height for structures on Type A Lots shall be forty (40) feet. F. Courtyard Home Option. Courtyard Homes, which are defined as homes having an open-air courtyard surrounded on three sides by the home, are permitted. G. Driveways. Driveways fronting on a street on Type A Lots shall be constructed of the following materials: concrete, brick pavers, stone, interlocking pavers, stamped concrete, or concrete with stone or brick border. H. Exterior Surfaces. i. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board is considered masonry, but may only constitute fifty (50) percent of the area for stories other than the first story. However, cementitious fiber board may not be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story. Cementitious fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Building Official. For Courtyard Homes, exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board and siding is considered masonry. However, cementitious fiber board and siding may only be used as the primary exterior façade material in a limited number of Courtyard Homes in Phases 7F and 7G, with such limitation being thirty percent (30%) of the number of platted lots in Phases 7F and 7G. ii. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. Page 112 Item 6. iii. Address Plaque. An address plaque or numbers made of cast stone, metal or other materials used on the exterior of the home of a size that meets Town fire code is required for each Type A Lot. iv. Chimneys. On Type A Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be 100% brick or stone. v. Stucco. Stucco on structures on Type A Lots shall be traditional 3-coat process cement plaster stucco. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type A Lots. I. Windows. All window framing on structures on Type A Lots shall be bronzed, cream, sand or white anodized aluminum, vinyl or wood. i. Window shutters may be used on structures on Type A Lots. Window shutters shall be painted, stained wood, or fiberglass. ii. No reflective window coverings or treatments shall be permitted. J. Roofing. i. Structures constructed on the Type A Lots shall have a composition, slate, clay tile or cement/concrete tile roof. ii. The color of the composition roof must appear to be weathered wood shingles, black or slate, unless such other color is approved by the Director of Development Services. iii. Composition roof shingles must be laminated and have a minimum warranty of 30 years. iv. The main roof pitch of any structure shall have a minimum slope of 8” in 12”. Clay tile and cement/concrete tile roofs shall have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered. K. Garages. Page 113 Item 6. i. Homes shall have a minimum of two (2) car garages but no more than three (3). No carports shall be permitted. ii. Homes with three (3) garages shall not have more than two (2) garage doors facing the street. iii. Garage doors shall be constructed of either metal or wood. L. Plate Height. Each structure on a Type A Lot shall have a minimum principal plate height of 9’ on the first floor. M. Fencing. No fence, wall or hedge on a Type A Lot shall exceed eight (8) feet in height or be less than four (4) feet in height unless otherwise specifically required by the Town of Prosper. i. All Type A Lots backing or siding to Open Space shall have a decorative metal fence abutting to said open space. ii. All other fencing shall be constructed of cedar, board on board with a top rail, and shall be supported with galvanized steel posts. A common fence stain color as well as fence detail shall be established for the community by the developer. iii. No fencing shall extend beyond a point ten feet (10’) behind the front wall plane of the structure into the front yard. N. Landscaping. i. A minimum of six (6) caliper inches of trees shall be planted on all Type A Lots. ii. A minimum of one (1) tree shall be located in the front yard. iii. Corner lots adjacent to a street shall plant (1) additional tree in the side yard. iv. Trees shall be a minimum of three caliper inches (3”) as measured at 1 foot above grade. v. The front, side and rear yard must be irrigated by a programmable irrigation system and sodded with grass. Page 114 Item 6. O. Mailboxes. Mailboxes on a Type A Lot shall be consistent with the theme for the street and with the materials of the home on the respective lot, unless otherwise required by USPS (United States Postal Service). P. Satellite Dishes. Satellite dishes, limited to eighteen inches (18”) in diameter or smaller, mounted below the ridgeline on the roof, and not in public view from the front of the home are permitted on Type A Lots. Q. Air Conditioners. No window or wall air conditioning units will be permitted on structures on Type A Lots. Outside condensing units (compressors) which are not located within a privacy fenced area shall be screened by shrubbery save and except access and service space to the condensing units which may not be visible from the street. R. Plan Elevations. On Type A Lots, plan elevations shall alternate every four (4) homes on the same side of a street and every three (3) homes on opposite sides of the street. Illustrative examples of the elevations and floor plans for Type A Lots are attached hereto as Exhibit “F-1”. S. Accessory Structures. Accessory structures used as a garage, a garage apartment, or guest house, will be allowed. i. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. ii. Accessory structures shall be separate from the main dwelling by a minimum of ten (10) feet, have a minimum Rear yard setback of ten (10) feet, and a minimum Side yard setback of eight (8) feet. b. Type B Lots: The area and building standards for Type B Lots are as follows and as set forth in Table 1: A. Minimum Lot Size. The minimum lot size for Type B Lots shall be nine thousand (9,000) square feet. A typical lot will be 70’ x 128’, but may vary as long as requirements in Table 1 are accommodated. B. Minimum Lot Width. The minimum lot width for Type B Lots shall be seventy (70) feet. C. Minimum Yard Setbacks. i. Minimum Front yard Setback: The minimum Front yard setback for Type B Lots shall be Page 115 Item 6. twenty-five (25) feet. The minimum front yard and rear yard requirements for staggering the front yards, as set forth in Section 9.3.F of the Town’s Zoning Ordinance, as amended shall apply to Type B Lots. ii. Minimum Side yard Setback: (a) The minimum Side yard setback for Type B Lots shall be eight (8) feet. (b) For courtyard homes, as defined herein, the minimum side yard setback shall be either fourteen (14) feet for one side and two (2) feet for the other side yard or thirteen (13) feet for one side and three (3) feet for the other side yard. Windows on the 2’ or 3’ side of the courtyard home will not be allowed unless they are opaque or consist of glass block. (c) For corner lots, the minimum Side yard setback shall be fifteen (15) feet. iii. Minimum Rear yard Setback: (a) The minimum Rear yard setback shall be twenty-five (25) feet. (b) For Courtyard Homes, as defined herein, the minimum Rear yard setback is ten (10) feet for a maximum number of lots not to exceed one hundred and ten (110) Type B lots. iv. Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. Swing-in garages may encroach into required front yards up to ten (10) feet. Front facing garages are permitted to extend to the front façade of the main structure, but may not encroach into the required front yard. D. Minimum Floor Space. Each dwelling constructed on a Type B Lot shall contain a minimum of two thousand, one hundred (2,100) square feet of floor space. Floor space shall include air- conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling Page 116 Item 6. E. Height. The maximum height for structures on Type B Lots shall be forty (40) feet. F. Courtyard Home Option. Courtyard Homes, which are defined as homes having an open-air courtyard surrounded on three sides by the home, are permitted. G. Driveways. Driveways fronting on a street on Type B Lots shall be constructed of the following materials: concrete, brick pavers, stone, interlocking pavers, stamped concrete, or concrete with stone or brick border. H. Exterior Surfaces. i. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board is considered masonry, but may only constitute fifty (50) percent of the area for stories other than the first story. However, cementitious fiber board may not be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story. Cementitious fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Director of Development Services. For Courtyard Homes, exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board and siding is considered masonry. However, cementitious fiber board and siding may only be used as the primary exterior façade material in a limited number of Courtyard Homes in Phases 7F and 7G, with such limitation being thirty percent (30%) of the number of platted lots in Phases 7F and 7G. ii. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. iii. Address Plaque. An address plaque or numbers made of cast stone, metal or other materials used on the exterior of the home of a Page 117 Item 6. size that meets Town fire code is required for each Type B Lot. iv. Chimneys. On Type B Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be 100% brick or stone. v. Stucco. Stucco on structures on Type B Lots shall be traditional 3-coat process cement plaster stucco. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type B Lots. I. Windows. All window framing on structures on Type B Lots shall be bronzed, cream, sand or white anodized aluminum, vinyl or wood. i. Window shutters may be used on structures on Type B Lots. Window shutters shall be painted, stained wood, or fiberglass. ii. No reflective window coverings or treatments shall be permitted. J. Roofing. i. Structures constructed on the Type B Lots shall have a composition, slate, clay tile or cement/concrete tile roof. ii. The color of the composition roof must appear to be weathered wood shingles, black or slate, unless such other color is approved by the Director of Development Services. iii. Composition roof shingles must be laminated and have a minimum warranty of 30 years. iv. The main roof pitch of any structure shall have a minimum slope of 8” in 12”. Clay tile and cement/concrete tile roofs shall have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered. K. Garages. Page 118 Item 6. i. Homes shall have a minimum of two (2) car garages but no more than four (4). No carports shall be permitted. ii. Homes with three (3) or four (4) garages shall not have more than two (2) garage doors facing the street. iii. Garage doors shall be constructed of either metal or wood. L. Plate Height. Each structure on a Type B Lot shall have a minimum principal plate height of 9’ on the first floor. M. Fencing. No fence, wall or hedge on a Type B Lot shall exceed eight (8) feet in height or be less than four (4) feet in height unless otherwise specifically required by the Town of Prosper. i. All Type B Lots backing or siding to Open Space shall have a decorative metal fence abutting to said open space. ii. All other fencing shall be constructed of cedar, board on board with a top rail, and shall be supported with galvanized steel posts. A common fence stain color as well as fence detail shall be established for the community by the developer. iii. No fencing shall extend beyond a point ten feet (10’) behind the front wall plane of the structure into the front yard. N. Landscaping. i. A minimum of nine (9) caliper inches of trees shall be planted on all Type B Lots. ii. A minimum of two (2) three inch (3”) caliper trees shall be located in the front yard. iii. Corner lots adjacent to a street shall plant (1) additional tree in the side yard. iv. Trees shall be a minimum of three caliper inches (3”) as measured at 1 foot above grade. v. The front, side and rear yard must be irrigated by a programmable irrigation system and sodded with grass. Page 119 Item 6. O. Mailboxes. Mailboxes on a Type B Lot shall be consistent with the theme for the street and with the materials of the home on the respective lot, unless otherwise required by USPS (United States Postal Service). P. Satellite Dishes. Satellite dishes, limited to eighteen inches (18”) in diameter or smaller, mounted below the ridgeline on the roof, and not in public view from the front of the home are permitted on Type B Lots. Q. Air Conditioners. No window or wall air conditioning units will be permitted on structures on Type B Lots. Outside condensing units (compressors) which are not located within a privacy fenced area shall be screened by shrubbery save and except access and service space to the condensing units which may not be visible from the street. R. Plan Elevations. On Type B Lots, plan elevations shall alternate every four (4) homes on the same side of a street and every three (3) homes on opposite sides of the street. Illustrative examples of the elevations and floor plans for Type B Lots are attached hereto as Exhibit “F-2”. S. Accessory Structures. Accessory structures used as a garage, a garage apartment, or guest house, will be allowed. i. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. ii. Accessory structures shall be separate from the main dwelling by a minimum of ten (10) feet, have a minimum Rear yard setback of ten (10) feet, and a minimum Side yard setback of eight (8) feet. c. Type C Lots: The area and building standards for Type C Lots are as follows and as set forth in Table 1: A. Minimum Lot Size. The minimum lot size for Type C Lots shall be ten thousand, five hundred (10,500) square feet. A typical lot will be 80’ x 131’, but may vary as long as the requirements of Table 1 are accommodated. B. Minimum Lot Width. The minimum lot width for Type C Lots shall be eighty (80) feet. C. Minimum Yard Setbacks. i. Minimum Front yard Setback: The minimum Front yard setback for Type C Lots shall be Page 120 Item 6. twenty-five (25) feet. The minimum front yard and rear yard requirements for staggering the front yards, as set forth in Section 9.3.F of the Town’s Zoning Ordinance, as amended shall apply to Type C Lots. ii. Minimum Side yard Setback: (a) The minimum Side yard setback for Type C Lots shall be eight (8) feet. (b) For courtyard homes, as defined herein, the minimum side yard setback shall be either fourteen (14) feet for one side and two (2) feet for the other side yard or thirteen (13) feet for one side and three (3) feet for the other side yard. Windows on the 2’ or 3’ side of the courtyard home will not be allowed unless they are opaque or consist of glass block. (c) For corner lots, the minimum Side yard setback shall be fifteen (15) feet. iii. Minimum Rear yard Setback: (a) The minimum Rear yard setback shall be twenty-five (25) feet. (b) For Courtyard Homes, as defined herein, the minimum Rear yard setback is ten (10) feet for a maximum number of lots not to exceed forty five (45) Type C lots. iv. Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. On corner lots, architectural features and porches may encroach into required side yards up to five (5) feet on the road side. Swing-in garages may encroach into required front yards up to ten (10) feet. Front facing garages are permitted to extend to the front façade of the main structure, but may not encroach into the required front yard. D. Minimum Floor Space. Each dwelling constructed on a Type C Lot shall contain a minimum of two thousand, three hundred (2,300) square feet of floor space. Floor space shall include air- Page 121 Item 6. conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling E. Height. The maximum height for structures on Type C Lots shall be forty-five (45) feet. F. Courtyard Home Option. Courtyard Homes, which are defined as homes having an open-air courtyard surrounded on three sides by the home, are permitted. G. Driveways. Driveways fronting on a street on Type C Lots shall be constructed of the following materials: concrete, brick pavers, stone, interlocking pavers, stamped concrete, or concrete with stone or brick border. H. Exterior Surfaces. i. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board and siding is considered masonry. However, cementitious fiber board and siding may only be used as the primary exterior façade material in a limited number of homes as specified in Table 1. ii. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. iii. Address Plaque. An address plaque or numbers made of cast stone, metal or other materials used on the exterior of the home of a size that meets Town fire code is required for each Type C Lot. iv. Chimneys. On Type C Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be 100% brick or stone. v. Stucco. Stucco on structures on Type C Lots shall be traditional 3-coat process cement plaster stucco. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type C Lots. Page 122 Item 6. I. Windows. All window framing on structures on Type C Lots shall be bronzed, cream, sand, white or other commercially available colors in anodized aluminum, vinyl or wood. i. Window shutters may be used on structures on Type C Lots. Window shutters shall be painted, stained wood, or fiberglass. ii. No reflective window coverings or treatments shall be permitted. J. Roofing. i. Structures constructed on the Type C Lots shall have a composition, slate, synthetic slate, standing seam metal, clay tile or cement/concrete tile roof. ii. Composition roof shingles must be laminated and have a minimum warranty of 30 years. iii. The main roof pitch of any structure shall have a minimum slope of 8” in 12” for at least 75% of all Type C Lots. Up to 25% of Type C Lots may have roof pitches anywhere in the range between 3” in 12” and 8” in 12”. Pitch ends shall be 100% guttered. K. Garages. i. Homes shall have a minimum of two (2) car garages but no more than four (4). No carports shall be permitted. ii. Homes with three (3) or four (4) garages shall not have more than two (2) garage doors facing the street. iii. Garage doors shall be constructed of metal or wood. L. Plate Height. Each structure on a Type C Lot shall have a minimum principal plate height of 10’ on the first floor. M. Fencing. No fence, wall or hedge on a Type C Lot shall exceed eight (8) feet in height or be less than four (4) feet in height unless otherwise specifically required by the Town of Prosper. i. All Type C Lots backing or siding to Open Space shall have a decorative metal fence abutting to said open space. Page 123 Item 6. ii. All other fencing shall be constructed of cedar, board on board with a top rail, and shall be supported with galvanized steel posts. A common fence stain color as well as fence detail shall be established for the community by the developer. iii. No fencing shall extend beyond a point ten feet (10’) behind the front wall plane of the structure into the front yard. N. Landscaping. i. A minimum of nine (9) caliper inches of trees shall be planted on all Type C Lots. ii. A minimum of two (2) three inch (3”) caliper trees shall be located in the front yard. iii. Corner lots adjacent to a street shall plant (1) additional tree in the side yard. iv. Trees shall be a minimum of three caliper inches (3”) as measured at 1 foot above grade. v. The front, side and rear yard must be irrigated by a programmable irrigation system and sodded with grass. O. Mailboxes. Mailboxes on a Type C Lot shall be consistent with the theme for the street and with the materials of the home on the respective lot, unless otherwise required by USPS (United States Postal Service). P. Satellite Dishes. Satellite dishes, limited to eighteen inches (18”) in diameter or smaller, mounted below the ridgeline on the roof, and not in public view from the front of the home are permitted on Type C Lots. Q. Air Conditioners. No window or wall air conditioning units will be permitted on structures on Type C Lots. Outside condensing units (compressors) which are not located within a privacy fenced area shall be screened by shrubbery save and except access and service space to the condensing units which may not be visible from the street. R. Plan Elevations. On Type C Lots, plan elevations shall alternate every four (4) homes on the same side of a street and every three (3) homes on opposite sides of the street. Illustrative examples of the elevations and floor plans for Type C Lots are attached hereto as Exhibit “F-3”. Page 124 Item 6. S. Accessory Structures. Accessory structures used as a garage, a garage apartment, or guest house, will be allowed. i. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. ii. Accessory structures shall be separate from the main dwelling by a minimum of ten (10) feet, have a minimum Rear yard setback of ten (10) feet, and a minimum Side yard setback of eight (8) feet. d. Type D Lots: The area and building standards for Type D Lots are as follows and as set forth in Table 1: A. Minimum Lot Size. The minimum lot size for Type D Lots shall be twelve thousand, five hundred (12,500) square feet. A typical lot will be 90’ x 138’, but may vary as long as requirements Table 1 are accommodated. B. Minimum Lot Width. The minimum lot width for Type D Lots shall be ninety (90) feet. C. Minimum Yard Setbacks. i. Minimum Front yard Setback: The minimum Front yard setback for Type D Lots shall be twenty-five (25) feet. The minimum front yard and rear yard requirements for staggering the front yards, as set forth in Section 9.3.F of the Town’s Zoning Ordinance, as amended shall apply to Type D Lots. ii. Minimum Side yard Setback: (a) The minimum Side yard setback for Type D Lots shall be eight (8) feet. (b) For corner lots, the minimum Side yard setback shall be fifteen (15) feet. iii. Minimum Rear yard Setback: The minimum Rear yard setback shall be twenty-five (25) feet. iv. Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. On corner lots, architectural features and porches may encroach into required side yards up to five (5) feet on the road side. Swing-in Page 125 Item 6. garages may encroach into required front yards up to ten (10) feet. Front facing garages are permitted to extend to the front façade of the main structure, but may not encroach into the required front yard. D. Minimum Floor Space. Each dwelling constructed on a Type D Lot shall contain a minimum of two thousand, six hundred (2,600) square feet of floor space. Floor space shall include air- conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling E. Height. The maximum height for structures on Type D Lots shall be forty-five (45) feet. F. Driveways. Driveways fronting on a street on Type D Lots shall be constructed of the following materials: concrete, brick pavers, stone, interlocking pavers, stamped concrete, or concrete with stone or brick border. G. Exterior Surfaces. i. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board and siding is considered masonry. However, cementitious fiber board and siding may only be used as the primary exterior façade material in a limited number of homes as specified in Table 1. ii. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. iii. Address Plaque. An address plaque or numbers made of cast stone, metal or other materials used on the exterior of the home of a size that meets Town fire code is required for each Type D Lot. iv. Chimneys. On Type D Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be 100% brick or stone. v. Stucco. Stucco on structures on Type D Lots shall be traditional 3-coat process cement plaster stucco. Page 126 Item 6. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type D Lots. H. Windows. All window framing on structures on Type D Lots shall be bronzed, cream, sand, white or other commercially available colors in anodized aluminum, vinyl or wood. i. Window shutters may be used on structures on Type D Lots. Window shutters shall be painted, stained wood, or fiberglass. ii. No reflective window coverings or treatments shall be permitted. I. Roofing. i. Structures constructed on the Type D Lots shall have a composition, slate, synthetic slate, standing seam metal, clay tile or cement/concrete tile roof. ii. Composition roof shingles must be laminated and have a minimum warranty of 30 years. iii. The main roof pitch of any structure shall have a minimum slope of 8” in 12” for at least 50% of all Type D Lots. Up to 50% of Type D Lots may have roof pitches anywhere in the range between 3” in 12” and 8” in 12”. Pitch ends shall be 100% guttered. J. Garages. i. Homes shall have a minimum of two (2) car garages but no more than four (4). No carports shall be permitted. ii. Homes with three (3) or four (4) garages shall not have more than two (2) garage doors facing the street. iii. Garage doors shall be constructed of metal or wood. K. Plate Height. Each structure on a Type D Lot shall have a minimum principal plate height of 10’ on the first floor. L. Fencing. No fence, wall or hedge on a Type D Lot shall exceed eight (8) feet in height or be less than four (4) feet in height unless otherwise specifically required by the Town of Prosper. Page 127 Item 6. i. All Type D Lots backing or siding to Open Space shall have a decorative metal fence abutting to said open space. ii. All other fencing shall be constructed of cedar, board on board with a top rail, and shall be supported with galvanized steel posts. A common fence stain color as well as fence detail shall be established for the community by the developer. iii. No fencing shall extend beyond a point ten feet (10’) behind the front wall plane of the structure into the front yard. M. Landscaping. i. A minimum of nine (9) caliper inches of trees shall be planted on all Type D Lots. ii. A minimum of two (2) three inch (3”) caliper trees shall be located in the front yard. iii. Corner lots adjacent to a street shall plant (1) additional tree in the side yard. iv. Trees shall be a minimum of three caliper inches (3”) as measured at 1 foot above grade. v. The front, side and rear yard must be irrigated by a programmable irrigation system and sodded with grass. N. Mailboxes. Mailboxes on a Type D Lot shall be consistent with the theme for the street and with the materials of the home on the respective lot, unless otherwise required by USPS (United States Postal Service). O. Satellite Dishes. Satellite dishes, limited to eighteen inches (18”) in diameter or smaller, mounted below the ridgeline on the roof, and not in public view from the front of the home are permitted on Type D Lots. P. Air Conditioners. No window or wall air conditioning units will be permitted on structures on Type D Lots. Outside condensing units (compressors) which are not located within a privacy fenced area shall be screened by shrubbery save and except access and service space to the condensing units which may not be visible from the street. Page 128 Item 6. Q. Plan Elevations. On Type D Lots, plan elevations shall alternate every four (4) homes on the same side of a street and every three (3) homes on opposite sides of the street. Illustrative examples of the elevations and floor plans for Type D. Lots are attached hereto as Exhibit “F-4”. R. Accessory Structures. Accessory structures used as a garage, a garage apartment, or guest house, will be allowed. i. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. ii. Accessory structures shall be separate from the main dwelling by a minimum of ten (10) feet, have a minimum Rear yard setback of ten (10) feet, and a minimum Side yard setback of eight (8) feet. e. Type E Lots: The area and building standards for Type E Lots are as follows and as set forth in Table 1: A. Minimum Lot Size. The minimum lot size for Type E Lots shall be 6,000 square feet. A typical lot will be 50’ x 130’, but may vary as long as requirements in Table 1 are accommodated. B. Minimum Lot Width. The minimum lot width for Type E Lots shall be fifty feet (50’). C. Minimum Yard Setbacks. i. Minimum Front yard Setback: The minimum Front yard setback for Type E Lots shall be twenty-five feet (25’). The minimum front yard and rear yard requirements for staggering the front yards, as set forth in Section 9.3.F of the Town’s Zoning Ordinance, as it currently exists, shall apply to Type E Lots. ii. Minimum Side yard Setback: (a) The minimum Side yard setback for Type E Lots shall be five feet (5’). (b) For corner lots, the minimum Side yard setback shall be fifteen feet (15’). iii. Minimum Rear yard Setback: (a) The minimum Rear yard setback shall be twenty-five feet (25’), with a twenty-foot Page 129 Item 6. (20’) Rear yard setback allowed on lots that have a thirty foot (30’) Front yard setback. iv. Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to ten feet (10’). Swing-in garages may encroach into required front yards up to ten feet (10’). Front facing garages are permitted to extend to the front façade of the main structure, but may not encroach into the required front yard. D. Minimum Floor Space. Each dwelling constructed on a Type E Lot shall contain a minimum of one thousand seven hundred (1,700) square feet of floor space. Floor space shall include air- conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling E. Height. The maximum height for structures on Type E Lots shall be forty feet (40’). F. Courtyard Home Option. Courtyard Homes, which are defined as homes having an open-air courtyard surrounded on three sides by the home, are not permitted. G. Driveways. Driveways fronting on a street on Type E Lots shall be constructed of the following materials: concrete, brick pavers, stone, interlocking pavers, stamped concrete, or concrete with stone or brick border. H. Exterior Surfaces. i. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred percent (100%) masonry. Cementitious fiber board may be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Director of Development Services. ii. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. iii. Address Plaque. An address plaque or numbers made of cast stone, metal or other Page 130 Item 6. materials used on the exterior of the home of a size that meets Town fire code is required for each Type E Lot. iv. Chimneys. On Type E Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be one hundred percent (100%) brick or stone. v. Stucco. Stucco on structures on Type E Lots shall be traditional 3-coat process cement plaster stucco. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type E Lots. I. Windows. All window framing on structures on Type E Lots shall be bronzed, cream, sand or white anodized aluminum, vinyl or wood. i. Window shutters may be used on structures on Type E Lots. Window shutters shall be painted, stained wood, or fiberglass. ii. No reflective window coverings or treatments shall be permitted. J. Roofing. i. Structures constructed on the Type E Lots shall have a composition, slate clay tile or cement/concrete tile roof. ii. The color of the composition roof must appear to be weathered wood shingles, black or slate, unless such other color is approved by the Director of Development Services. iii. Composition roof shingles must be laminated and have a minimum warranty of 30 years. iv. The main roof pitch of any structure shall have a minimum slope of 8” in 12”. Clay tile roofs and cement/concrete tile shall have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered. Page 131 Item 6. v. A minimum of twenty-five percent (25%) of Type E Lots, shall have a main roof pitch greater than 8:12. K. Garages. i. Homes shall have a garage sized for a maximum of two (2) cars in width. Three (3) car garages are acceptable by incorporating a tandem spot. Carports or three (3) car front facing garages shall not be permitted. ii. Homes with two (2) single car width garage doors facing the street shall have such garage doors separated by a masonry column of no less than twelve inches (12’) in width. iii. Garage doors shall have a minimum Front yard setback of twenty-five feet (25’). iv. A minimum of fifty percent (50%) shall have two (2) single garage doors split by a masonry column. v. A maximum two (2) garage spaces shall face the street. vi. Garage doors shall be constructed of wood, or a material that gives the appearance of a real wood door. Materials may consist of paint or stain grade wood (Cedar, Ash, Hemlock, etc.) or other material, including fiberglass or steel, that when stained or painted gives the appearance of a real wood door. vii. Two of the following garage door upgrades shall be incorporated: (a) Carriage style door designs giving the appearance of a classic swing-open design with the flexibility of an overhead door operation (b) Doors incorporating decorative hardware (c) Doors with windows L. Plate Height. Each structure on a Type E Lot shall have a minimum principal plate height of nine feet (9’) on the first floor. Page 132 Item 6. M. Fencing. No fence, wall or hedge on a Type E Lot shall exceed eight feet (8’) in height or be less than four feet (4’) in height unless otherwise specifically required by the Town of Prosper. i. All Type E Lots backing or siding to Open Space shall have a decorative metal fence abutting to said open space. ii. All other fencing shall be constructed of cedar, board on board with a top rail, and shall be supported with galvanized steel posts. A common fence stain color as well as fence detail shall be established for the community by the developer. iii. No fencing shall extend beyond a point ten feet (10’) behind the front wall plane of the structure into the front yard. N. Landscaping. i. A minimum of six caliper inches (6”) of trees shall be planted on all Type E Lots (inclusive of street trees). ii. Corner lots adjacent to a street shall plant (1) additional tree in the side yard. iii. Trees shall be a minimum of three caliper inches (3”) as measured at 1 foot above grade. iv. The front, side and rear yard must be irrigated by a programmable irrigation system and sodded with grass. v. A minimum of one (1) tree shall be located in the front yard. O. Mailboxes. Mailboxes on a Type E Lot shall be consistent with the theme for the street and with the materials of the home on the respective lot, unless otherwise required by USPS (United States Postal Service). P. Satellite Dishes. Satellite dishes, limited to eighteen inches (18”) in diameter or smaller, mounted below the ridgeline on the roof, and not in public view from the front of the home are permitted on Type E Lots. Q. Air Conditioners. No window or wall air conditioning units will be permitted on structures on Type E Lots. Outside condensing units (compressors) which are not located within a privacy Page 133 Item 6. fenced area shall be screened by shrubbery save and except access and service space to the condensing units which may not be visible from the street. R. Plan Elevations. On Type E Lots, plan elevations shall alternate every fourth (4th) homes on the same side of a street and every third (3rd) homes on opposite sides of the street. Illustrative examples of the elevations and floor plans for Type G Lots are attached hereto as Exhibit “F-5”. S. Accessory Structures. Accessory structures used as a garage, a garage apartment, or guest house, will be allowed. i. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. ii. Accessory structures shall be separate from the main dwelling by a minimum of ten feet (10’), have a minimum Rear yard setback of ten feet (10’), and a minimum Side yard setback of eight feet (8’). T. Porches. A minimum of twenty-five percent (25%) of Type E Lots shall have a front porch, subject to the following regulations. i. A minimum of fifteen percent (15%) of homes along a block face shall have a porch. ii. The minimum porch depth shall be seven feet (7’). iii. The minimum porch width for a house with a split garage door shall be seven feet (7’). iv. The minimum porch width for a house without a split garage door shall be ten feet (10’). U. House Pad Width. Type E lots shall have a minimum pad width of thirty-nine feet, six inches (39’ 6”). f. Type F Lots: The area and building standards for Type F Lots are as follows and as set forth in Table 1: A. Minimum Lot Size. The minimum lot size for Type F Lots shall be 20,000 square feet. A typical lot will be 120’ x 170’, but may vary as long as requirements in Table 1 are accommodated. B. Minimum Lot Width. The minimum lot width for Type F Lots shall be one hundred twenty feet (120’). Page 134 Item 6. C. Minimum Yard Setbacks. i. Minimum Front yard Setback: The minimum Front yard setback for Type F Lots shall be thirty feet (30’). The minimum front yard and rear yard requirements for staggering the front yards, as set forth in Section 9.3.F of the Town’s Zoning Ordinance, as amended shall apply to Type F Lots. ii. Minimum Side yard Setback: (a) The minimum Side yard setback for Type F Lots shall be twenty feet (20’). (b) For courtyard homes, as defined herein, the minimum Side yard setback shall be twenty-six feet (26’) for one side and fourteen feet (14’) for the other side yard. Windows on the 14’ side of the courtyard home will not be allowed unless they are opaque or consist of glass block. (c) For corner lots, the minimum Side yard setback shall be twenty-five feet (25’). iii. Minimum Rear yard Setback: (a) The minimum Rear yard setback shall be thirty feet (30’). (b) For Courtyard Homes, as defined herein, the minimum Rear yard setback is twenty feet (20’). iv. Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to ten feet (10’). On corner lots, architectural features and porches may encroach into required side yards up to ten (10) feet on the road side. Swing-in garages may encroach into required front yards up to fifteen feet (15’). Front facing garages are permitted to extend to the front façade of the main structure, but may not encroach into the required front yard. D. Minimum Floor Space. Each dwelling constructed on a Type F Lot shall contain a minimum of three thousand (3,000) square feet of floor space if constructed as a single story structure and three thousand five hundred (3,500) if constructed as a two Page 135 Item 6. story structure. Floor space shall include air-conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling E. Height. The maximum height for structures on Type F Lots shall be forty-five feet (45’). F. Courtyard Home Option. Courtyard Homes, which are defined as homes having an open-air courtyard surrounded on three sides by the home, are permitted. G. Driveways. Driveways fronting on a street on Type F Lots shall be constructed of the following materials: concrete, brick pavers, stone, interlocking pavers, stamped concrete, or concrete with stone or brick border. H. Exterior Surfaces. i. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board and siding is considered masonry. However, cementitious fiber board and siding may only be used as the primary exterior façade material in a limited number of homes as specified in Table 1. ii. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. iii. Address Plaque. An address plaque or numbers made of cast stone, metal or other materials used on the exterior of the home of a size that meets Town fire code is required for each Type F Lot. iv. Chimneys. On Type F Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be one hundred percent (100%) brick or stone. v. Stucco. Stucco on structures on Type F Lots shall be traditional 3-coat process cement plaster stucco. Page 136 Item 6. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type F Lots. I. Windows. All window framing on structures on Type F Lots shall be bronzed, cream, sand, white or other commercially available colors in anodized aluminum, vinyl or wood. i. Window shutters may be used on structures on Type F Lots. Window shutters shall be painted, stained wood, or fiberglass. ii. No reflective window coverings or treatments shall be permitted. J. Roofing. i. Structures constructed on the Type F Lots shall have a composition, metal, slate, synthetic slate, standing seam metal, or tile roof. ii. Composition roof shingles must be laminated and have a minimum warranty of 30 years. iii. The main roof pitch of any structure shall have a minimum slope of 8” in 12” for at least 25% of all Type F Lots. Up to 75% of Type F Lots may have roof pitches anywhere in the range between 3” in 12” and 8” in 12”. Pitch ends shall be 100% guttered. K. Garages. i. Homes shall have a minimum of two (2) car garages but no more than five (5). Rear located carports shall be permitted. ii. The maximum width of garage doors allowed to face the street shall be limited to three (3) car widths. iii. Garage doors shall be constructed of either metal or wood. L. Plate Height. Each structure on a Type F Lot shall have a minimum principal plate height of ten feet (10’) on the first floor. M. Fencing. No fence, wall or hedge on a Type F Lot shall exceed eight feet (8’) in height or be less than four feet (4’) in height unless otherwise specifically required by the Town of Prosper. Page 137 Item 6. i. All Type F Lots backing or siding to Open Space shall have a decorative metal fence abutting to said open space. ii. All other fencing shall be constructed of cedar, board on board with a top rail, and shall be supported with galvanized steel posts. A common fence stain color as well as fence detail shall be established for the community by the developer. iii. No fencing shall extend beyond a point ten feet (10’) behind the front wall plane of the structure into the front yard. N. Landscaping. i. A minimum of twelve caliper inches (12”) of trees shall be planted on all Type F Lots (inclusive of street trees). ii. A minimum of one (1) tree shall be located in the front yard. iii. Corner lots adjacent to a street shall plant (1) additional tree in the side yard. iv. Trees shall be a minimum of three caliper inches (3”) as measured at 1 foot above grade. v. The front, side and rear yard must be irrigated by a programmable irrigation system and sodded with grass. O. Mailboxes. Mailboxes on a Type F Lot shall be consistent with the theme for the street and with the materials of the home on the respective lot, unless otherwise required by USPS (United States Postal Service). P. Satellite Dishes. Satellite dishes, limited to eighteen inches (18”) in diameter or smaller, mounted below the ridgeline on the roof, and not in public view from the front of the home are permitted on Type F Lots. Q. Air Conditioners. No window or wall air conditioning units will be permitted on structures on Type F Lots. Outside condensing units (compressors) which are not located within a privacy fenced area shall be screened by shrubbery save and except access and service space to the condensing units which may not be visible from the street. Page 138 Item 6. R. Plan Elevations. On Type F Lots, specific plan elevations shall not be repeated within a given platted phase. S. Accessory Structures. Accessory structures used as a garage, a garage apartment, or guest house, will be allowed. i. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. ii. Accessory structures shall be separate from the main dwelling by a minimum of ten feet (10’), have a minimum Rear yard setback of ten feet (10’), and a minimum Side yard setback of eight feet (8’). g. Community Landscape Maintenance Facility: A. Permitted Use. A Community Landscape Maintenance Facility shall be a permitted primary use and may consist of equipment maintenance, open storage, and associated management offices, providing for the establishment and maintenance of landscaping and related services for common areas and open spaces. B. Location. A Landscape Maintenance Facility shall be permitted in a location as identified on Exhibit D-2. C. Development Standards. A Landscape Maintenance Facility shall develop in accordance with Mixed-Use Development Standards (Traditional Retail), as outlined in Section 3., d., except as follows: i. Minimum Front Yard: Sixty Feet (60’) ii. Front Façade: Shall consist of a minimum of ninety percent (90%) brick and/or stone exterior building material. iii. Side and Rear Facades: Shall consist of a minimum of ten percent (10%) brick and/or stone, and the use of metal as an exterior building material shall be permitted. iv. Bay Doors: Shall not be permitted to directly face right-of-way. v. Perimeter landscaping shall consist of the following: Page 139 Item 6. (a) Large trees (as defined by the Zoning Ordinance), a minimum 3-inch caliper at the time of planting, planted 30-foot on center, in addition to evergreen shrubs, a minimum 45-gallon and eight-feet in height at the time of planting, planted 6-foot on center. TABLE 1 Lot Type A Lot Type B Lot Type C Lot Type D Lot Type E Lot Type F Min. permitted lot sizes 8,000 sq. ft 9,000 sq. ft. 10,500 sq. ft 12,500 sq. ft. 6,000 sq.ft 20,000 sq.ft. Max. permitted number of lots 1 950 (maximum of 361 lot permitted in Phases 6 through 9 as indicated on Exhibit A-1) 1,074 (maximum of 511 lots permitted in Phases 6 through 9 as indicated on Exhibit A-1) 600 (maximum of 344 lots permitted in Phases 6 through 9 as indicated on Exhibit A-1) 160 (maximum of 2 lots permitted in Phases 6 through 9 as indicated on Exhibit A-1) 500 (shall be permitted in Phases 6 through 9 as indicated on Exhibit A-1) 40 2 Max. percentage of lots with 100% Cementitious Fiber Board and Siding 0% (exception: Courtyard Homes allowed 30% for only Phases 7F and 7G) 0% (exception: Courtyard Homes allowed 30% for only Phases 7F and 7G) 30% 30% 0% 30% 1 Max. permitted number of lots are transferrable from smaller Lot Type classifications to larger Lot Type classifications 2 40 lots is also the minimum number of Type F lots required Min. Front Yard 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. 30 ft. Page 140 Item 6. 3. Mixed-Use Tract a. Definition: The term ‘Mixed-Use’ as applied to the Windsong Ranch Development shall include residential and non-residential land uses integrated vertically or horizontally along the property facing U.S. Highway 380 in a walkable, vibrant market driven neighborhood, giving residents the opportunity to live, work and shop in the same community. The architecture of the mixed-use portion of the development will blend with the surrounding residential neighborhood’s style. Non- residential uses include retail, restaurants and office. Retail uses are primarily intended to supply the community with everyday convenience goods and services and shall occur on the ground level of stand alone or integrated buildings. Office shall include neighborhood service oriented professional, financial, and medical uses and may occupy ground and/ or upper level building space. Residential land uses are intended to supply attached housing product helping act as a buffer between the more intense retail and office uses along U.S. Highway 380 and the less intense suburban single-family residential product to the north. Principal uses may include town homes and multi-family (condominiums, live/ work loft residential, and luxury apartments). However, it is acknowledged that all or a portion designated as the Mixed Use Tract may develop solely for retail or office uses. It is intended in these standards to provide the flexibility to develop either a multiple use project or traditional retail development. Min. Side Yard Corner Lot 8 ft. (14’/2’ or 13’/3’ on courtyard option) 15 ft. 8 ft. (14’/2’ or 13’/3’ on courtyard option) 15 ft. 8 ft. (14’/2’ or 13’/3’ on courtyard option) 15 ft. 8 ft. 15 ft. 5 ft. 15 ft. 20 ft. (26’/14’ on courtyard option) 25 ft. Min. Rear Yard 25 ft. (10’ on courtyard option for no more than 140 Type A lots) 25 ft. (10’ on courtyard option for no more than 110 Type B lots) 25 ft. (10’ on courtyard option for no more than 45 Type C lots) 25 ft. 25 ft. (Thirty-foot (30’) front setback, where a twenty-foot (20’) rear setback is allowed) 30 ft. Max. Building Height 40 ft. 40 ft. 45 ft. 45 ft. 40 ft. 45 ft. Max. Lot Coverage 55% 50% 60% 55% 60% 50% Min. Lot Width 60 ft. 70 ft. 80 ft. 90 ft. 50 ft. 120 ft. Min. Lot Depth 100 ft. 100 ft. 110 ft. 125 ft. 100 ft. 150 ft. Min. Dwelling Area 1,900 sq. ft. 2,100 sq. ft. 2,300 sq. ft. 2,600 sq. ft. 1,700 sq. ft. 3,000 sq. ft. (Single Story) 3,500 sq. ft. (Two Story) Min. Pad Width N/A N/A N/A N/A 39 ft., 6 in. N/A Page 141 Item 6. b. Alternative Development Standards. Property within the Mixed Use Tract may be developed solely for retail uses. The Mixed Use Tract development standards provide two sets of standards that allow for a pedestrian-oriented multiple use development (Section 3.c.) or, in the alternative, traditional retail development (Section 3.d.). c. Mixed-Use Development Standards (pedestrian-oriented): A maximum of 250 acres of mixed-use development is permitted on the Properties generally located between U.S. Highway 380 and the collector street (see Exhibit “D”). Development standards for a mixed-use development for this area within the development are described below. a. Permitted Uses. The following uses are permitted within the “Mixed Use” area: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are permitted subject to conditional development standards. Conditional development standards are set forth in Chapter 3, Section 1 of the Town’s Zoning Ordinance. • Accessory Building • Administrative, Medical, or Professional Office • Antenna and/or Antenna Support Structure, Commercial S • Antenna and/or Antenna Non-Commercial, attached to buildings or water towers (stand-above towers are prohibited) C • Antique Shop and Used Furniture • Artisan’s Workshop • Assisted Care or Living Facility S • Athletic Stadium or Field, Private S • Athletic Stadium or Field, Public • Bank, Savings and Loan, or Credit Union • Beauty Salon/Barber Shop • Bed and Breakfast Inn • Beer & Wine Package Sales C • Building Material and Hardware Sales, Minor • Building Material and Hardware Sales, Major • Business Service • Caretaker’s/Guard’s Residence • Civic/Convention Center • Commercial Amusement, Indoor • Community Center • Convenience Store with Gas Pump C • Convenience Store without Gas Pump • Day Care Center, Adult S • Day Care Center, Child S • Drug Stores/Pharmacies • Duplicating Centers, Mailing Services, Etc • Dry Cleaning, Minor • Farmer’s Market • Financial Institutions Page 142 Item 6. • Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority • Furniture, Home Furnishings and Appliance Store • Garage Apartment • Gas Pumps C • Golf Course and/or Country Club • Governmental Office • Gymnastics/Dance Studio • Health/Fitness Center • Helistop S • Home Occupation C • Homebuilder Marketing Center • Hospital • Hotel C • House of Worship • Independent Living Facilities • Laboratory, Medical and Dental. • Insurance Office • Locksmith/Security System Company • Massage Therapy, Licensed • Mini-Warehouse/Public Storage S • Motel S • Multifamily Dwelling (only within the Mixed Use pedestrian alternative) • Municipal Uses • Museum/Art Gallery • Nursery, Major S • Nursery, Minor • Optical Stores – Sales and Services • Office/Showroom • Park or Playground • Pet Day Care • Post Office Facilities • Print Shop, Minor • Private Club S • Private Recreation Center • Private Street Development S • Private Utility, Other Than Listed • Retirement Housing • Research and Development Center • Recycling Collection Point • Residence Hotel C • Restaurant or Cafeteria C • Restaurant, Drive In/ Drive-Thru • Retail Stores and Shops • Retail/Service Incidental Use • Retirement Housing • School, Private or Parochial Page 143 Item 6. • School, Public • Single Family Dwelling, Attached(Townhome) • Stealth Antenna, Commercial • Studio Dwelling • Temporary Building C • Theater, Neighborhood • Theater, Regional • Veterinarian Clinic and/or Kennel, Indoor • Winery b. Multifamily Uses: Multi-family units shall be allowed within the mixed use area. A maximum of three hundred, (300) multifamily units shall be allowed within the Mixed Use Tract. If portions of the designated Mixed Use Tract are developed with multi-family residential housing types, they shall be developed in accordance with the following criteria: A. Required Parking: Parking requirements for multi-family development shall be two spaces per one-bedroom unit, two spaces per two-bedroom unit, two and one-half spaces per three-bedroom unit and one-half space per each additional bedroom per unit. One (1) enclosed parking space per unit will be provided as part of the multi-family unit configuration. Enclosed parking will consist of an attached or detached garage or parking structure screened from public view. B. Exterior Facade Building Materials: All buildings within a multifamily development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass or similar materials or any combination thereof. The use of cementitious fiber board as a primary exterior building material shall be limited to a maximum of fifteen percent of the total exterior wall surfaces. All exterior finishes of buildings within a multifamily development shall have a minimum of ten percent (10%) stone accents. C. Controlled Access: All multi-family developments that contain limited gated access shall locate all gate controls, card pads and intercom boxes in driveway islands in a manner that provides a minimum of one hundred (100) feet of stacking distance from the gate. Such driveway islands shall also contain a break that allows for vehicular u-turn movements back onto a public street. c. Townhouse Uses: Townhouse units shall be allowed within the mixed use area or single family area as a buffer between non-residential and single family development. A maximum of three hundred (300) townhouse units shall be allowed. Townhouse units constructed in Single Family Residential Tract do not count against the maximum lot count of 3,500 single family lots. If portions of the designated mixed-use area are developed with townhouse residential housing types, they shall be developed in accordance with the following criteria: Page 144 Item 6. A. Required Parking: Parking requirements for townhouse development shall be two spaces per one-bedroom unit, two spaces per two-bedroom unit, two and one-half spaces per three-bedroom unit and one-half space per each additional bedroom per unit. Two (2) enclosed parking spaces per unit will be provided as part of the townhouse unit configuration. Enclosed parking will consist of an attached or detached garage or parking structure screened from public view. B. Exterior Facade Building Materials: All buildings within a townhouse development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass or similar materials or any combination thereof. The use of cementitious fiber board as a primary exterior building material shall be limited to a maximum of fifteen percent of the total exterior wall surfaces. All exterior finishes of buildings within a townhouse development shall have a minimum of ten percent (10%) stone accents. C. Controlled Access: All townhouse developments that contain limited gated access shall locate all gate controls, card pads and intercom boxes in driveway islands in a manner that provides a minimum of one hundred (100) feet of stacking distance from the gate. Such driveway islands shall also contain a break that allows for vehicular u-turn movements back onto a public street. d. Residential development standards: Development shall be in accordance with the following table: Page 145 Item 6. Residential Product Type Development Requirement Townhouse Multi-family not on the second story of other uses Max. Gross Density 10.0 du/ac 15.0 du/ac Min. Lot Area 1,000 sq. ft. 1 acre. Min. Lot Width 20’ 100’ Min. Lot Depth 50’ 150’ Min. Front Setback 0’ 20’¹ Min. Rear Setback 20’ 20’¹ Min. Side Setback (interior lot) 0’ 20’¹ Min. Side Setback (corner lot) 15’ 25’¹ Max. Lot Coverage 80% 70% Min. Floor Area / Dwelling Unit 1,200 sq. ft. 650 sq. ft. Max. Building Height / No. of stories’ 48’ / 3² 48’ / 3 Min. Open Space 20% 30% ¹ Multifamily setbacks include: a. Fifty (50) feet for one (1) or two (2) story structures adjacent to property lines with a single family residential use. b. One hundred and fifty (150) feet for three (3) story structures adjacent to property lines with a single family residential use. ² The maximum height of any building within 60 feet of a property line with a single family residential use shall be 36 feet or 2 stories. e. Non-residential uses A. Required Parking: The total parking required shall be the sum of the specific parking space requirement for each use included within the Mixed Use Tract as required by Zoning Ordinance No. 05-20 as it currently exists or as amended. B. Exterior Facade Building Materials: All main buildings shall have an exterior finish of stone, stucco, brick, tile, concrete, glass or similar materials or any combination thereof. Cementitious fiber board may only be used as an accent material subject to 10% of a façade. C. Commercial and Retail Development Standards: Development regulations for development within the Mixed Use Tract are intended to allow mixed use development consisting of vertically and horizontally integrated retail, office, service and residential uses. Typically referred to as “new urbanism”-style development, this type of development is characterized by pedestrian-scaled development offering multiple services and amenities with unique landscape and streetscape design. Development for non-residential land uses shall conform to the following: Page 146 Item 6. i. Floor Area: The allowable floor area of buildings within the mixed-use area shall be unlimited, provided that all conditions described herein are met. ii. Lot Area: There is no minimum lot area. iii. Lot Coverage: In no case shall the combined areas of the main buildings and accessory buildings cover more than 90% of the total lot area. Parking facilities shall be excluded from lot coverage computation. iv. Lot Width: There is no minimum lot width. v. Lot Depth: There is no minimum lot depth. vi. Front Yard: The minimum depth of the front yard shall be ten (10) feet vii. Side Yard: No side yard is required unless vehicular access is provided/required, in which case the side yard shall have a depth of not less than twelve feet. A twenty-four-foot minimum side yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. viii. Rear Yard: No rear yard is required unless vehicular access is provided/required, in which case the rear yard shall have a depth of not less than twelve feet. A twenty-four-foot minimum rear yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. ix. Building Height: Buildings shall be a maximum of five (5) stories, not to exceed seventy (70) feet in height. Architectural features, parapets, mechanical equipment, chimneys, antennas and other such architectural projections may extend above this height limit. x. Pad Sites. There is no limit on the number of pad sites within the Mixed Use Tract for retail uses provided each pad site must satisfy the Area Requirements. Page 147 Item 6. f. Architectural. A. Maximum Building Length -- Buildings shall not be longer than 550 feet without an unconnected physical separation of 25 feet between another building. B. Building Articulation -- All buildings should be designed to emphasize a “base, mid-section, and top.” Facades facing public and private streets and extending greater than one hundred (100) feet in length shall incorporate wall plane recesses having a minimum depth of at least three (3) percent of the length of the façade. Recesses shall comprise at least twenty-five percent (25%) of the length of the facade. No uninterrupted length of a façade shall exceed fifty (50) feet in length. C. Roof Line Articulation -- Variations in roof lines shall be used to add interest and reduce the scale of large buildings. Roof features shall complement the character of the overall development and shall have at least one of the following features: • Parapets concealing flat roofs and rooftop equipment from public view. The average height shall not exceed 15% of the height of the supporting wall. Parapets shall feature three dimensional cornice treatment. • Overhanging eaves, extending no less than three (3) feet past the supporting walls • Supporting roofs that do not exceed the average height of the supporting walls with an average slope no greater than 3:1 slope. • Roof dormers interrupting the eave line. D. Exterior of Buildings i. Façades -- All façades oriented toward rights-of- ways, drives or public spaces shall have no less than three of the following elements: ▪ Overhangs ▪ Canopies or Porticos ▪ Recesses/Projections ▪ Arcades ▪ Raised corniced parapets over the entrance ▪ Peaked roof forms ▪ Arches ▪ Outdoor patios ▪ Display windows ▪ Integral planters that incorporate landscaped areas or seating areas Page 148 Item 6. g. Parking Areas A. Surface parking lots shall be screened from streets through the use of screening or liner development such as townhome, live- work, and loft office units. Parking garages may not be visible from streets on more than 2 sides of each block. Beyond these two sides, a development liner (such as loft residential, office, etc.) shall be constructed to shield the garage from view. B. Surface Parking Perimeter Screening – All surface parking lots shall be screened from street view. Such screening shall take the form of 3 foot, 7-gallon plantings of dense evergreen hedge at time of installation measured above the grade of the parking lot. C. Landscape Medians – All surface parking lots shall have a landscape median strip with a minimum width of 6 feet incorporated into the parking lot design to separate the parking area and drive aisle with direct connection to the street. 1 tree shall be planted for every 35 linear feet of median. h. Service and Equipment Areas. Service areas are zones and loading docks where servicing of the site takes place and include wall-, ground- or roof-mounted mechanical or equipment areas. A. Placement of Service Areas – Service areas shall (i) not front or be visible from a street, and shall be placed within the building envelope they serve; or (ii) follow the screening requirements below. Dumpsters and trash enclosures be placed within a building’s envelope, and no service areas be placed where they are visible from US Highway 380, Gee Road or Fields Road. Loading areas must not be located closer than fifty (50) feet to any single-family lot or public right-of-way, unless wholly within an enclosed building. B. Service Area Screening – Off-street loading and service areas must be placed at the side or rear of buildings and shall be screened in conformity with the requirements of the Zoning Ordinance. C. Service Area Screening Design – In general, the design of all service area screening shall be complementary to the design of the building it serves in terms of its material and color. D. Roof-Mounted Equipment Screening – All roof-mounted equipment shall be screened from public view through the use of design features that complement the building they serve in terms of material and color. i. Fencing Page 149 Item 6. A. Fencing Length and Height – The maximum length of a fence shall be fifty (50) feet without a break of thirty (30) feet. No fencing shall be above three (3) feet in height. B. Fencing Material – All fencing must be wrought iron or decorative steel. j. Site Landscaping A. Street Trees – Street trees shall be planted at an average of thirty (30) feet on-center across each block face and three and one-half (3 ½) feet from the back of curb. These trees shall have a minimum caliper of four (4) inches at installation, and shall not be closer than ten (10) feet from a street lamppost. Street tree material shall follow the recommendation of the Director of Development Services, and shall generally follow the type of canopy line created by red oak, live oak, etc. Street trees shall use a consistent species along both sides of each block. B. Tree Planters – Street trees shall be centered within five (5) foot by ten (10) foot planters as leave-outs within the sidewalk and screened with either a twelve (12) inch high ornamental steel fence or brick turn-up edge. Planters shall also consist of evergreen ground cover and perennial plantings. The street- facing leading edge of all planters shall be placed one foot, six inches (1.5 feet) from the face of the curb to allow clearance for passenger car doors to open. C. Prior to the issuance of a Certificate of Occupancy for any building, structure or improvement, all landscaping must be installed in accordance with the approved corresponding landscaping plan. D. Street Lights – Street lights shall be located four (4) feet from face of curb on average intervals of seventy-five (75) feet along all block faces. The light fixtures shall be mounted ten (10) to twelve (12) feet from the finished grade of the sidewalk and shall be of metal halide type. E. Bicycle Racks – Bicycle racks shall be provided on 150 foot intervals of all block faces, clustering at street lamp or building entry locations. F. Litter Containers and Benches – Litter containers and benches shall be provided on 150 foot intervals along all block faces and clustered at street lamp or building entry locations. d. Mixed-Use Development Standards (Traditional Retail). Retail development within the Mixed Use Tract is intended predominately for heavy retail, service, light intensity wholesale and commercial uses, but excluding warehousing uses. The Page 150 Item 6. nature of uses in this District has operating characteristics and traffic service requirements generally compatible with typical office, retail, and some residential environments. Uses in this District may require open, but screened, storage areas for materials. In the event all or a portion of the Mixed Use Tract is developed solely for retail uses (i.e. not a mixed use development) then the development for retail uses shall conform to the following standards: a. Size of Yards: 1. Minimum Front Yard: thirty (30) feet. 2. Minimum Side Yard: a. Fifteen (15) feet adjacent to a nonresidential district. The minimum side yard setback may be eliminated for attached retail buildings on separate lots as shown on an approved site plan. b. Thirty (30) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a two (2) story building adjacent to a residential district. c. Thirty (30) feet adjacent to a street. 3. Minimum Rear Yard: a. Fifteen (15) feet adjacent to a nonresidential district. The minimum side yard setback may be eliminated for attached retail buildings on separate lots as shown on an approved site plan. b. Thirty (30) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a two (2) story building adjacent to a residential district. b. Size of Lots: 1. Minimum Size of Lot Area: Ten thousand (10,000) square feet. 2. Minimum Lot Width: One hundred (100) feet. 3. Minimum Lot Depth: One hundred (100) feet. c. Maximum Height: Two (2) stories, no greater than forty (40) feet. d. Lot Coverage: Fifty (50) percent. e. Floor Area Ratio: Maximum 0.5:1. f. Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are permitted subject to conditional development standards. Conditional development standards are set forth in Chapter 3, Section 1 of the Town’s Zoning Ordinance: • Accessory Building • Administrative, Medical, or Professional Office • Antenna and/or Antenna Support Structure, Commercial C • Antenna and/or Antenna Support Structure, Non-Commercial C • Antique Shop and Used Furniture • Artisan's Workshop • Assisted Care or Living Facility S Page 151 Item 6. • Athletic Stadium or Field, Private S • Athletic Stadium or Field, Public • Auto Parts Sales, Inside • Automobile Paid Parking Lot/Garage • Automobile Parking Lot/Garage • Automobile Repair, Major S • Automobile Repair, Minor • Automobile Sales, Used S • Automobile Sales/Leasing, New S • Bank, Savings and Loan, or Credit Union • Beauty Salon/Barber Shop • Bed and Breakfast Inn • Beer & Wine Package Sales C • Bottling Works • Building Material and Hardware Sales, Major • Building Material and Hardware Sales, Minor • Bus Terminal C • Business Service • Cabinet/Upholstery Shop • Caretaker's/Guard's Residence • Cemetery or Mausoleum S • Civic/Convention Center • College, University, Trade, or Private Boarding School • Commercial Amusement, Indoor • Commercial Amusement, Outdoor S • Community Center • Convenience Store with Gas Pumps C • Convenience Store without Gas Pumps • Dance Hall S • Day Care Center, Adult S • Day Care Center, Child C • Day Care Center, Incidental S • Dry Cleaning, Minor • Equipment and Machinery Sales and Rental, Minor • Fairgrounds/Exhibition Area S • Farm, Ranch, Stable, Garden, or Orchard • Farmer's Market • Feed Store • Flea Market, Inside • Flea Market, Outside S • Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority • Furniture Restoration • Furniture, Home Furnishings and Appliance Store • Gas Pumps C • General Manufacturing/Industrial Use Complying with Performance Standards S • Golf Course and/or Country Club • Governmental Office • Gunsmith • Gymnastics/Dance Studio • Health/Fitness Center Page 152 Item 6. • Homebuilder Marketing Center • Hospital • Hotel C • House of Worship • Indoor Gun Range S • Insurance Office • Limited Assembly and Manufacturing Use Complying with Performance Standards • Locksmith/Security System Company • Machine Shop • Massage Therapy, Licensed • Mini-Warehouse/Public Storage S • Mobile Food Vendor C • Mortuary/Funeral Parlor • Motel C • Motorcycle Sales/Service S • Municipal Uses Operated by the Town of Prosper • Museum/Art Gallery • Nursery, Major S • Nursery, Minor • Office and Storage Area for Public/Private Utility • Office/Showroom • Office/Warehouse/Distribution Center • Open Storage (subject to Chapter 4, Section 5 of the Zoning Ordinance) • Park or Playground • Pawn Shop • Pet Day Care C • Print Shop, Major S • Print Shop, Minor • Private Club • Private Recreation Center • Private Utility, Other Than Listed • Recreational Vehicle Sales and Service, New/Used S • Recreational Vehicle/Truck Parking Lot or Garage S • Recycling Collection Point • Rehabilitation Care Institution S • Research and Development Center C • Residence Hotel C • Restaurant or Cafeteria • Restaurant, Drive In • Retail Stores and Shops • Retail/Service Incidental Use • School District Bus Yard C • School, Private or Parochial • School, Public • Sewage Treatment Plant/Pumping Station S • Small Engine Repair Shop • Stealth Antenna, Commercial C • Storage or Wholesale Warehouse S • Taxidermist • Telephone Exchange Page 153 Item 6. • Temporary Building C • Theater, Neighborhood • Theater, Regional • Trailer Rental S • Transit Center S • Truck Sales, Heavy Trucks S • Utility Distribution/Transmission Facility S • Veterinarian Clinic and/or Kennel, Indoor • Veterinarian Clinic and/or Kennel, Outdoor • Water Treatment Plant S • Winery 4. Parkland a. Parkland shall consist of the following types: i. Neighborhood Park, ii. Open space, iii. Community Park containing a minimum of fifty (50) acres, and b. The schedule for providing Parkland shall be as follows: i. Neighborhood Park: The Neighborhood Parks shall be dedicated to the Town for public use and constructed simultaneously with the construction of the Public Improvements contained within the platted area in which the Neighborhood Parks is/are located. Developer shall, after consultation with the Town, use reasonable efforts to situate Neighborhood Parks adjacent to School Areas, with the specific location being subject to approval by the Town, which may not be unreasonably withheld, delayed, condition or denied. ii. Open Space: Open Space identified on a General Development Plan shall be dedicated to the Town for public use, or reserved for private use by Developer, upon the earlier of: (A) within a reasonable period of time after receiving a written request by the Town for such dedication or reservation, such request being based upon the Park Plan in accordance with the General Development Plan wherein such Open Space is located; or (B) upon recordation of a final plat in which such Open Space is located, provided Developer owns the Open Space to be dedicated or reserved. If Developer is not the owner of the Open Space to be dedicated or reserved, the Owners shall, unless otherwise required herein, be required to comply with such requirements as set forth in the Subdivision Ordinance when the Properties, or portions thereof, develop. iii. Community Park: Within three (3) years from the Effective Date of the Preannexation Agreement, the Community Park shall be Page 154 Item 6. dedicated to the Town upon the earlier of: (A) within ninety (90) days of receiving a written request by the Town for such dedication; or (B) at the time the adjacent streets are dedicated to the Town provided Developer owns the land identified as the Community Park; provided, however, the Parties agree that the Community Park dedication shall be in cooperation with and furtherance of the Town’s overall park grant efforts. Notwithstanding anything to the contrary herein, if the Developer has not dedicated the Community Park by the time prescribed in the preceding sentence, Owners as applicable, shall dedicate, at absolutely no cost to the Town, the Community Park within three (3) months of a written request by the Town for such dedication. Town shall be fully responsible for Maintenance Obligations of the Community Park upon the Town’s acceptance of the dedication. The Town will, within a reasonable time, after receiving the proposed conveyance instrument, provide the Developer and/or Owner, as applicable, written notice of the Town’s acceptance of the dedicated Community Park. c. Parkland reserved for private use shall be owned and maintained by a homeowners association, or other entity, and made available to owners, tenants, residents, occupants and members within the Properties and to their guests and invitees. d. Permitted uses within the Parkland are active and passive recreation uses including, but not limited to the following: • trails, • playfields, • game courts, • golf courses, • nature centers, • outdoor education centers, • community gardens, and • trail amenities. 5. General Requirements for the Windsong Ranch. a. Amenities: The intent of these development standards regarding the provision of amenities is for an integration of built and natural elements working together as a system that provides for the active and passive recreational needs of the Windsong Ranch community specifically and of the Town of Prosper generally. The distribution of natural beauty throughout the development, exemplified by mature trees and areas of rolling topography, provides the opportunity for a community- wide trail punctuated with nodes of built improvements such as pocket parks. In this way, neighborhood is linked to neighborhood and the Windsong Ranch community is linked to the Town. To help preserve the open character of the Town of Prosper, it is the intent of these development standards that a significant amount of natural open space, particularly amid the floodplain and other sensitive land, be set aside to provide Page 155 Item 6. additional open space for Windsong Ranch and for the Town. Design elements in these areas should support non-programmed passive recreational activities such as walking and picnicking. b. Development Plan: A Conceptual Development Plan is hereby attached (Exhibit “D”) and made a part of these development standards. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedication, roads and illustrates the integration of these elements into a master plan for the whole district. c. Maintenance of Facilities: The Developers shall establish a Homeowner’s Association (“HOA”) for single family residential areas and a Property Owner’s Association (“POA”) for mixed use areas, in which membership is mandatory for each lot, and that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the respective residential or mixed use development or adjacent Right-of-Way (“ROW”). The HOA or POA will be created with Phase 1 and each subsequent phase shall be annexed into the association or a separate HOA/POA may be created for each respective phase at the Developer’s discretion. Upon completion of fifty percent (50%) buildout of any phase of residential development and creation of the corresponding HOA, the Developer shall provide that all HOA Boards have an advisory position to be filled by individual homeowners residing within the corresponding phase. Prior to transfer of the ownership to the HOA or POA, all specified facilities shall be constructed by the Developer and approved by the Town. The Developer shall provide the Town a mandatory HOA/POA agreement that will be recorded in the deed records of Denton County, Texas. In lieu of the HOA and POA, the Town and Developer may elect to create another entity to undertake the same responsibilities of the HOA or POA. 6. Definitions. The definitions of the Town’s Zoning Ordinance (as it currently exists or may be amended) shall apply to these regulations except as otherwise amended herein. For purposes of these Development Standards, the following terms shall have the following meaning: “Masonry” shall mean stone, stucco, brick, tile, concrete, glass or similar materials or any similar material approved by the Town’s Director of Development Services. “Independent Living Facilities” means a facility containing dwelling units, accessory uses and support services specifically designated for occupancy by persons 55 years of age or older, in accordance with the housing for older persons provisions of the Federal Fair Housing Act of 1988 (42 U.S.C. section 3607 et seq.), as amended, who are fully ambulatory or who require no medical or personal assistance or supervision. The dwelling units may consist of either multifamily, single-family detached or attached residences, or a combination of such uses. Page 156 Item 6. Page 1 of 1 To: Mayor and Town Council From: David Soto, Planning Manager Through: Mario Canizares, Town Manager Chuck Ewings, Executive Director of Development and Infrastructure Services David Hoover, Director of Development Services Re: Development Agreement Windsong Ranch Town Council Meeting – May 23, 2023 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Third Amendment to Development Agreement between VP Windsong Operations LLP, VP Windsong Investments LLP and the Town of Prosper relative to Windsong Ranch, as described in Planned Development 40 (PD-40) (DEVAGREE-23-0004) Description of Agenda Item: On May 09, 2023, the Town Council approved the proposed zoning request, by a vote of 5-0. A Development Agreement has been prepared accordingly. The ordinance for the zoning request, is also on the May 23, 2023, Town Council agenda for consideration. Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Attachments: 1. Development Agreement 2. Exhibits Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Third Amendment to Development Agreement between VP Windsong Operations LLP, VP Windsong Investments LLP and the Town of Prosper relative to Windsong Ranch, as described in Planned Development 40 (PD-40) (DEVAGREE-23-00004). Proposed Motion: I move to authorize the Town Manager to execute a a Third Amendment to Development Agreement between VP Windsong Operations LLP, VP Windsong Investments LLP and the Town of Prosper relative to Windsong Ranch, as described in Planned Development 40 (PD-40) (DEVAGREE-23-00004). PLANNING Page 157 Item 7. 1 THIRD AMENDMENT TO DEVELOPMENT AGREEMENT THIS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT (“Third Amendment to Development Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”), VP Windsong Operations LLC, and VP Windsong Investments LLC (collectively, “Owners”) (individually, a “Party” and collectively, the “Parties”) to be effective (the “Effective Date”) on the latest date executed by a Party. WHEREAS, the Town is a home-rule municipal corporation, located in Collin County and Denton County, Texas, organized and existing under the laws of the State of Texas; and WHEREAS, Owners are Delaware limited liability companies qualified to do business in the State of Texas; and WHEREAS, Owners have developed Windsong Ranch located in Denton County in the Town, more particularly described in an Exhibit attached to the Planned Development 40 (“PD- 40”) zoning ordinance, and which real property is more-specifically defined in the Development Agreement, with the addition of property subsequently added to Windsong Ranch by ordinance (hereinafter defined) (the “Property”); and WHEREAS, in 2008 the Town approved PD-40 relative to the development of the Property as a master-planned community, and has approved certain amendments to PD-40 subsequent thereto; and WHEREAS, on or about January 14, 2020, the Town approved certain amendments to PD-40, as more fully described in the applicable zoning ordinance, and further, the Parties agreed to certain other matters, including architectural features and building materials to be utilized on the Property; and WHEREAS, the foregoing were memorialized in a Development Agreement (“Development Agreement”) approved by the Town Council on or about January 14, 2020, and subsequently filed in the Denton County Real Property Records on or about January 15, 2020, as Document # 6140; and WHEREAS, on or about August 11, 2020, the Town Council considered and approved other amendments to PD-40, and authorized the execution of a First Amendment to Development Agreement on or about September 8, 2020, and subsequently filed in the Denton County Real Property Records on or about September 30, 2020, as Document # 154628 (together with the Development Agreement, the “Development Agreement”); WHEREAS, on or about December 18, 2020, Owners conveyed a portion of the Property to GRBK Edgewood LLC, and in connection with such conveyance, partially assigned its rights pursuant to the Development Agreement pursuant to that certain Partial Assignment and Assumption of Development Agreement filed in the Denton County Real Property Records on or about December 21, 2020, as Document # 208279; and WHEREAS, on or about March 22, 2021, Owners and the Town entered into a Second Amendment to Development Agreeement, and said Second Amendment to Development Agreement was filed in the Denton County Real Property Records on or about March 23, 2021, as Document # 50781, and Second Amendment to Development Agreement incorporated, in part, Page 158 Item 7. 2 the negotiated and agreed upon development standards contained in PD-40, as amended, and recognized Owners’ reasonable investment-backed expectations in PD-40, as amended; and WHEREAS, subject to the terms of the Second Amendment to Development Agreement, Owners and the Town added an approximate 5.433-acre tract of land, depicted and described in the Second Amendment to Development Agreement, to the property more fully described in PD- 40 (Windsong Ranch), in accordance with the zoning case approved by the Town Council on or about January 26, 2021, and as memorialized in an ordinance regarding same; WHEREAS, subject to the terms of the Second Amendment to Development Agreement, the Town also added an approximate 50.23-acre tract of land, depicted and described in the Second Amendment to Development Agreement, to the property more fully described in PD-40 (Windsong Ranch), in accordance with the zoning case approved by the Town Council on or about January 26, 2021, and as memorialized in an ordinance regarding same; and WHEREAS, Owners now wish to amend certain provisions regarding architectural standards and building materials previously approved by the Town in Windsong Ranch, and this Third Amendment to Development Agreement seeks to incorporate, in part, the negotiated and agreed upon development standards contained in PD-40, as amended, and to recognize Owners’ reasonable investment-backed expectations in PD-40, as amended, as recognized in Ordinance No. 2023-37, approved by the Town on or about May 9, 2023. NOW, THEREFORE, in consideration of the foregoing premises, and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the Parties to this Third Amendment to Development Agreement agree as follows: 1. Architectural Standards and Building Materials. For any structure built in on the Property after the Effective Date of tis Third Amendment to Development Agreement, it shall comply with the applicable requirements contained in Exhibit B, “Architectural Standards and Building Materials,” attached hereto and incorporated by reference, and Owners agree to construct those structures in compliance therewith. Nothing in this Agreement shall be deemed to modify or otherwise amend any zoning regulation duly adopted by the Town, previously or in the future. The architectural standards and building materials referenced in Exhibit B supersede any architectural standards and building materials previously approved by the Town and Owners. 2. Notice. Any notices required or permitted to be given hereunder (each, a “Notice”) shall be given by certified or registered mail, return receipt requested, to the addresses set forth below or to such other single address as either party hereto shall notify the other: If to the Town: The Town of Prosper 250 W. First Street P.O. Box 307 Prosper, Texas 75078 Attention: Town Manager If to Owners: VP Windsong Operations LLC 130 North Preston Road, Suite 130 Prosper, Texas 75078 Attention: David R. Blom Page 159 Item 7. 3 VP Windsong Investments LLC 130 North Preston Road, Suite 130 Prosper, Texas 75078 Attention: David R. Blom With a copy to: Jackson Walker LLP 2323 Ross Avenue, Suite 600 Dallas, Texas 75201 Attention: George C. Dunlap 3. Effect of Prior Development Agreements. Except to the extent referenced in Exhibit B, attached hereto and incorporated by reference, all other terms and conditions contained in the Development Agreement executed on or about January 14, 2020, the First Amendment to Development Agreement executed on or about September 29, 2020, and the Second Amendment to Development Agreement executed on or about March 22, 2021, shall remain in full force and effect and apply to this Third Amendment to Development Agreement unless specifically otherwise provided herein. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the date referenced herein. TOWN: THE TOWN OF PROSPER, TEXAS By: ___________________________ Name: Mario Canizares Title: Town Manager, Town of Prosper STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of May, 2023, by Mario Cnaizares, Town Manager of the Town of Prosper, Texas, on behalf of the Town of Prosper, Texas. Notary Public, State of Texas My Commission Expires: _________________ Page 160 Item 7. 4 OWNERS: VP Windsong Operations LLC, a Delaware limited liability company By: ________________________________ Name: David R. Blom Title: Vice President STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of May, 2023, by David R. Blom, in his capacity as Vice President of VP Windsong Operations LLC, a Texas limited liability company, known to be the person whose name is subscribed to the foregoing instrument, and that he executed the same on behalf of and as the act of Owner. Notary Public, State of Texas My Commission Expires: _________________ VP Windsong Investments LLC, a Delaware limited liability company By: ________________________________ Name: David R. Blom Title: Vice President STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of May, 2023, by David R. Blom, in his capacity as Vice President of VP Windsong Investments LLC, a Texas limited liability company, known to be the person whose name is subscribed to the foregoing instrument, and that he executed the same on behalf of and as the act of Owner. Notary Public, State of Texas My Commission Expires: _________________ Page 161 Item 7. 5 EXHIBIT A (Property Description) All property depicted and described in Exhibit A to Planned Development 40 (PD-40), Town of Prosper Ordinance No. 08-030, as amended. Page 162 Item 7. 6 EXHIBIT B ARCHITECTURAL STANDARDS AND BUILDING MATERIALS 1. Type A Lots: The architectural and building materials standards for Type A Lots are as follows: A. Exterior Surfaces. i. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred percent (100%) masonry. Cementitious fiber board is considered masonry, but may only constitute fifty percent (50%) of the area for stories other than the first story. However, cementitious fiber board may not be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story. Cementitious fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Director of Development Services. For Courtyard Homes, exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board and siding is considered masonry. However, cementitious fiber board and siding may only be used as the primary exterior façade material in a limited number of Courtyard Homes in Phases 7F and 7G, with such limitation being thirty percent (30%) of the number of platted lots in Phases 7F and 7G. ii. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. iii. Address Plaque. A cast stone address plaque is required for each Type A Lot. The style of the cast stone address plaque shall be uniform throughout each section of development. iv. Chimneys. On Type A Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be 100% brick or stone. v. Stucco. Stucco on structures on Type A Lots shall be traditional 3-coat process cement plaster stucco. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type A Lots. B. Windows. All window framing on structures on Type A Lots shall be bronzed, cream, sand or white anodized aluminum, vinyl or wood. i. Window shutters may be used on structures on Type A Lots. Window shutters shall be painted, stained wood, or fiberglass. Page 163 Item 7. 7 ii. No reflective window coverings or treatments shall be permitted. C. Roofing. i. Structures constructed on the Type A Lots shall have a composition, slate, clay tile or cement/concrete tile roof. ii. The color of the composition roof must appear to be weathered wood shingles, black or slate, unless such other color is approved by the Director of Development Services. iii. Composition roof shingles must be laminated and have a minimum warranty of 30 years. iv. The main roof pitch of any structure shall have a minimum slope of 8” in 12”. Clay tile and cement/concrete tile roofs shall have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered. D. Garage Doors. Garage doors shall be constructed of either metal or wood. E. Accessory Structures. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. 2. Type B Lots: The architectural and building materials standards for Type B Lots are as follows: A. Exterior Surfaces. i. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred percent (100%) masonry. Cementitious fiber board is considered masonry, but may only constitute fifty percent (50%) of the area for stories other than the first story. However, cementitious fiber board may not be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story. Cementitious fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Director of Development Services. For Courtyard Homes, exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board and siding is considered masonry. However, cementitious fiber board and siding may only be used as the primary exterior façade material in a limited number of Courtyard Homes in Phases 7F and 7G, with such limitation being thirty percent (30%) of the number of platted lots in Phases 7F and 7G. ii. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. Page 164 Item 7. 8 iii. Address Plaque. A cast stone address plaque is required for each Type B Lot. The style of the cast stone address plaque shall be uniform throughout each section of development. iv. Chimneys. On Type B Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be 100% brick or stone. v. Stucco. Stucco on structures on Type B Lots shall be traditional 3-coat process cement plaster stucco. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type B Lots. B. Windows. All window framing on structures on Type B Lots shall be bronzed, cream, sand or white anodized aluminum, vinyl or wood. i. Window shutters may be used on structures on Type B Lots. Window shutters shall be painted, stained wood, or fiberglass. ii. No reflective window coverings or treatments shall be permitted. C. Roofing. i. Structures constructed on the Type B Lots shall have a composition, slate, clay tile or cement/concrete tile roof. ii. The color of the composition roof must appear to be weathered wood shingles, black or slate, unless such other color is approved by the Director of Development Services. iii. Composition roof shingles must be laminated and have a minimum warranty of 30 years. iv. The main roof pitch of any structure shall have a minimum slope of 8” in 12”. Clay tile and cement/concrete tile roofs shall have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered. D. Garage Doors. Garage doors shall be constructed of either metal or wood. E. Accessory Structures. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. 3. Type C Lots: The architectural and building materials standards for Type C Lots are as follows: A. Exterior Surfaces. i. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred percent (100%) masonry. Cementitious fiber board is considered masonry, but may only Page 165 Item 7. 9 constitute fifty percent (50%) of the area for stories other than the first story. However, cementitious fiber board may not be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story. Cementitious fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Director of Development Services. ii. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. iii. Address Plaque. A cast stone address plaque is required for each Type C Lot. The style of the cast stone address plaque shall be uniform throughout each section of development. iv. Chimneys. On Type C Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be 100% brick or stone. v. Stucco. Stucco on structures on Type C Lots shall be traditional 3-coat process cement plaster stucco. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type C Lots. B. Windows. All window framing on structures on Type C Lots shall be bronzed, cream, sand or white anodized aluminum, vinyl or wood. i. Window shutters may be used on structures on Type C Lots. Window shutters shall be painted, stained wood, or fiberglass. ii. No reflective window coverings or treatments shall be permitted. C. Roofing. i. Structures constructed on the Type C Lots shall have a composition, slate, clay tile, standing seam metal roof with a rating of at least 30 years, or cement/concrete tile roof. ii. The color of the composition roof must appear to be weathered wood shingles, black or slate, unless such other color is approved by the Director of Development Services. iii. Composition roof shingles must be laminated and have a minimum warranty of 30 years. iv. The main roof pitch of any structure shall have a minimum slope of 8” in 12”. Clay tile and cement/concrete tile roofs shall have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered. Page 166 Item 7. 10 D. Garage Doors. Garage doors shall be constructed of either metal or wood. E. Accessory Structures. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. 4. Type D Lots: The architectural and building materials standards for Type D Lots are as follows: A. Exterior Surfaces. i. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred percent (100%) masonry. Cementitious fiber board is considered masonry, but may only constitute fifty percent (50%) of the area for stories other than the first story. However, cementitious fiber board may not be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story. Cementitious fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Director of Development Services. ii. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. iii. Address Plaque. A cast stone address plaque is required for each Type D Lot. The style of the cast stone address plaque shall be uniform throughout each section of development. iv. Chimneys. On Type D Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be 100% brick or stone. v. Stucco. Stucco on structures on Type D Lots shall be traditional 3-coat process cement plaster stucco. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type D Lots. B. Windows. All window framing on structures on Type D Lots shall be bronzed, cream, sand or white anodized aluminum, vinyl or wood. i. Window shutters may be used on structures on Type D Lots. Window shutters shall be painted, stained wood, or fiberglass. ii. No reflective window coverings or treatments shall be permitted. Page 167 Item 7. 11 C. Roofing. i. Structures constructed on the Type D Lots shall have a composition, slate, clay tile, standing seam metal roof with a rating of at least 30 years or cement/concrete tile roof. ii. The color of the composition roof must appear to be weathered wood shingles, black or slate, unless such other color is approved by the Director of Development Services. iii. Composition roof shingles must be laminated and have a minimum warranty of 30 years. iv. The main roof pitch of any structure shall have a minimum slope of 8” in 12”. Clay tile and cement/concrete tile roofs shall have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered. D. Garage Doors. Garage doors shall be constructed of either metal or wood. E. Accessory Structures. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. 5. Type E Lots: The architectural and building materials standards for Type E Lots are as follows: A. Exterior Surfaces. i. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred percent (100%) masonry. Cementitious fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Director of Development Services. ii. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. iii. Address Plaque. A cast stone address plaque is required for each Type E Lot. The style of the cast stone address plaque shall be uniform throughout each section of development. iv. Chimneys. On Type E Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be 100% brick or stone. v. Stucco. Stucco on structures on Type E Lots shall be traditional 3-coat process cement plaster stucco. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type E Lots. Page 168 Item 7. 12 B. Windows. All window framing on structures on Type E Lots shall be bronzed, cream, sand or white anodized aluminum, vinyl or wood. i. Window shutters may be used on structures on Type E Lots. Window shutters shall be painted, stained wood, or fiberglass. ii. No reflective window coverings or treatments shall be permitted. C. Roofing. i. Structures constructed on the Type E Lots shall have a composition, slate, or tile roof. ii. The color of the composition roof must appear to be weathered wood shingles, black or slate, unless such other color is approved by the Director of Development Services. iii. Composition roof shingles must be laminated and have a minimum warranty of 30 years. iv. The main roof pitch of any structure shall have a minimum slope of 8” in 12”. Clay tile roofs shall have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered. v. A minimum of twenty-five percent (25%) of Type E Lots shall have a main roof pitch greater than 8:12. D. Garages. I Homes with two (2) single car width garage doors facing the street shall have such garage doors separated by a masonry column of no less than twelve inches (12”) in width. ii. A minimum of fifty percent (50%) shall have two (2) single garage doors split by a masonry column. iii. Garage doors shall be constructed of wood, or a material that gives the appearance of a real wood door. Materials may consist of paint or stain grade wood (Cedar, Ash, Hemlock, etc.) or other material, including fiberglass or steel, that when stained or painted gives the appearance of a real wood door. iv. Two of the following garage door upgrades shall be incorporated: (a) Carriage style door designs giving the appearance of a classic swing-open design with the flexibility of an overhead door operation (b) Doors incorporating decorative hardware. (c) Doors with windows. Page 169 Item 7. 13 E. Accessory Structures. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. 6. Type F Lots: The architectural and building materials standards for Type F Lots are as follows: A. Exterior Surfaces. i. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred percent (100%) masonry. Cementitious fiber board is considered masonry, but may only constitute fifty percent (50%) of the area for stories other than the first story. However, cementitious fiber board may not be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story. Cementitious fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Director of Development Services. ii. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. iii. Address Plaque. A cast stone address plaque is required for each Type F Lot. The style of the cast stone address plaque shall be uniform throughout each section of development. iv. Chimneys. On Type F Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be 100% brick or stone. v. Stucco. Stucco on structures on Type F Lots shall be traditional 3-coat process cement plaster stucco. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type F Lots. B. Windows. All window framing on structures on Type F Lots shall be bronzed, cream, sand or white anodized aluminum, vinyl or wood. i. Window shutters may be used on structures on Type F Lots. Window shutters shall be painted, stained wood, or fiberglass. ii. No reflective window coverings or treatments shall be permitted. C. Roofing. i. Structures constructed on the Type F Lots shall have a composition, slate, clay tile, standing seam metal roof with a rating of at least 30 years or cement/concrete tile roof. Page 170 Item 7. 14 ii. The color of the composition roof must appear to be weathered wood shingles, black or slate, unless such other color is approved by the Director of Development Services. iii. Composition roof shingles must be laminated and have a minimum warranty of 30 years. iv. The main roof pitch of any structure shall have a minimum slope of 8” in 12”. Clay tile and cement/concrete tile roofs shall have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered. D. Garage Doors. Garage doors shall be constructed of either metal or wood. E. Accessory Structures. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. 7. Exterior Façade Building Materials for Multifamily Uses. All buildings within a multifamily development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass or similar materials or any combination thereof. The use of cementitious fiber board as a primary exterior building material shall be limited to a maximum of fifteen percent (15%) of the total exterior wall surfaces. All exterior finishes of buildings within a multifamily development shall have a minimum of ten percent (10%) stone accents. 8. Exterior Façade Building Materials for Townhome Uses. All buildings within a townhouse development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass or similar materials or any combination thereof. The use of cementitious fiber board as a primary exterior building material shall be limited to a maximum of fifteen percent of the total exterior wall surfaces. All exterior finishes of buildings within a townhouse development shall have a minimum of ten percent (10%) stone accents. 9. Exterior Façade Building Materials for Non-Residential Uses. All main buildings shall have an exterior finish of stone, stucco, brick, tile, concrete, glass or similar materials or any combination thereof. Cementitious fiber board may only be used as an accent material subject to 10% of a façade. NOTE: For purposes of this Agreement, “masonry” shall mean stone, stucco, brick, tile, concrete, glass or similar materials of any similar material approved by the Town’s Director of Development Services. Page 171 Item 7. Page 1 of 2 To: Mayor and Town Council From: David Soto, Planning Manager Through: Mario Canizares, Town Manager Chuck Ewings, Executive Director of Development and Infrastructure Services David Hoover, Director of Development Services Re: Planned Development Ordinance MQ Prosper North Town Council Meeting – May 23, 2023 Agenda Item: Consider and act upon an ordinance to rezone 13.3± acres from Single Family-15 (SF-15) to Planned Development-Retail (PD-R), generally to allow for an office/retail development, located on the east side of Preston Road, north of St. Peter Lane. (Z21-0003). Description of Agenda Item: On April 25, 2023, the Town Council approved the proposed rezoning request, by a vote of 6-0 subject to: 1. A specific use permit (SUP) is required for any business that sells alcoholic beverages for off-premise consumption; 2. Alcohol sales are only authorized in Buildings 1 and 5, as reflected on the Concept Plan; 3. For any bank that is located on the Property, a specific use permit (SUP) will be required if the bank utilizes a drive-thru; 4. A specific use permit (SUP) is required for any drive-thru restaurant on the Property. The applicant has revised the ordinance to address the motion mentioned above. An ordinance has been prepared accordingly. The Development Agreement between the Town of Prosper and MQ Development Partners, is also on the May 23, 2023, Town Council agenda for consideration. Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Ordinance 2. Ordinance Exhibits PLANNING Page 172 Item 8. Page 2 of 2 Staff Recommendation: Staff recommends approval of an ordinance to rezone 13.3± acres from Single Family-15 (SF-15) to Planned Development-Retail (PD-R), generally to allow for an office/retail development, located on the east side of Preston Road, north of St. Peter Lane. Proposed Motion: I move to approve an ordinance to rezone 13.3± acres from Single Family-15 (SF-15) to Planned Development-Retail (PD-R), generally to allow for an office/retail development, located on the east side of Preston Road, north of St. Peter Lane. Page 173 Item 8. Ordinance No. 2023-___, Page 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-XX AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF LAND CONSISTING OF 13.3 ACRES, MORE OR LESS, SITUATED IN COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 172, TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM SINGLE FAMILY-15 (SF-15) TO A NEW PLANNED DEVELOPMENT-120, DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has investigated and determined that the Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request (Case Z21- 0003) from MQ Development Partners (collectively, “Applicants”), to rezone 13.3 acres of land, more or less, in the Collin County School Survey, Abstract No. 172, Town of Prosper, Collin County, Texas, from Single Family-15 (SF-15) to Planned Development-120, (PD-120) and being more particularly described in Exhibit A, attached hereto and incorporated herein for all purposes; and WHEREAS, the Town Council has investigated and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, Public Hearings have been held, and all other requirements of notice and completion of such procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance, as amended, is hereby amended as follows: The zoning designation of the below described property containing 13.3 acres of land, more or less, in the Collin County School Survey, Abstract No. 172, Town of Prosper, Collin County, Texas, and all streets, roads, and alleyways contiguous and/or adjacent thereto are hereby zoned as Planned Development-120 and being more particularly Page 174 Item 8. Ordinance No. 2023-___, Page 2 described in Exhibit A, attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with (1) the Statement of Intent and Purpose, attached hereto as Exhibit B; (2) the Development Standards, attached hereto as Exhibit C; (3) the Site Plan, attached hereto as Exhibit D; (4) the Landscape Plan , attached hereto as Exhibit E-1; (5) the Façade Plans, attached hereto as Exhibit F-1, F-2, and F-3; and (6) the Screening Plan, attached hereto as Exhibit G, all of which are incorporated herein for all purposes as if set forth verbatim, subject to the following conditions of approval by the Town Council: Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation, or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force Page 175 Item 8. Ordinance No. 2023-___, Page 3 and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 23RD DAY OF MAY, 2023. ______________________________ David F. Bristol, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 176 Item 8. 717.68FF 726.70HI RIGHT-OF-WAY DEDICATION PARCEL 8, PART 1 CC #20110802000807680 SANITARY SEWER EASEMENT CC #20150909001143310 SANITARY SEWER EASEMENT CC #2015090900143280 SANITARY SEWER EASEMENT CC #20150909001143310 AMON XCF XCF 1/2" CIRF "VORTEX" (Y) 1/2" CIRF VORTEX (Y) 1/2" CIRF "EAGLE" (G) 1/2" CIRF "5310" (Y) 1/2" CIRF "5310" (Y) 1/2" CIRF VORTEX (Y) 1/2" CIRF 5310/Y 1/2" CIRF "ROOME" (Y) 1/2" CIRF "VORTEX" (Y) 1/2" CIRF "WESTWOOD" CM1/2" CIRF (Y) 5/8" CIRF "SPIAR" (Y) 1/2" CIRF "VORTEX" (Y) CM 1/2" CIRF "VORTEX" (Y) MQ PROSPER NORTH LLC CC #20161229001766390 13.310 ACRES (579,776 SQ. FT.) NO ADDRESS AVAILABLE STATE HIGHWAY 289[PRESTON ROAD](variable width right-of-way)LISA COULTER TRACT1 CC #20150721000897920 SINGLE FAMILY RESIDENT 1/2" CIRF "VORTEX" (Y) SIDEWALK POINT OF BEGINNING 1/2" CIRS 1/2" CIRS 1/2" CIRS 1/2" CIRS 1/2" CIRS 1/2" CIRS 1/2" CIRS 1/2" CIRS1/2" CIRS 1/2" CIRS 1/2" CIRS N 01°26'22" E 280.61' N 04°24'27" W 179.93' N 02°33'29" E 192.43' LOT 9, BLOCK A THE SHOPS AT PROSPER TRAIL CAB. 2016, PG. 194 THE MONTCLAIR CAB. 2017, PG. 776 LOT 2, BLOCK A FRONTIER ESTATES, PHASE 1 CAB. 2013, PG. 561 LOT 1, BLOCK D PROSPER LAKE ON PRESTON, PHASE 2 CAB. 2018, PG. 108 LOT 3X, BLOCK A THE MONTCLAIR CAB. 2017, PG. 776 LOT 1, BLOCK A THE MONTCLAIR CAB. 2017, PG. 776 LOT 1, BLOCK B THE MONTCLAIR CAB. 2017, PG. 776 LOT 2, BLOCK B LOT 3, BLOCK B LOT 4 BLOCK B LOT 5, BLOCK B LOT 6, BLOCK B ST. PETER LANE (80' right-of-way) LINE TABLE LINE #BEARING DISTANCE CURVE TABLE NO.DELTA RADIUS LENGTH CH. L CH. B 1/2" CIRS 1/2" CIRS EMERALD TRACE DRIVE (50' right-of-way) TO BE ABANDONED & FIRELANE/ACCESS ESMT ESTABLISHED MM FINISHED LOTS III, LLC CC #20171016001381730 MM FINISHED LOTS III, LLC CC #20171016001381730 BLAINE & STACIE MASON CC #2018110200136858 MM FINISHED LOTS III, LLC CC #20171016001381730 MM FINISHED LOTS III, LLC CC #20171016001381730 PROSPER LAKE HOA CAB. 2018, PG. 108 CITY OF PROSPER CC #20131220010003650 BLOCK I LOT 11 SINGLE FAMILY RESIDENTIAL LOT 10 SINGLE FAMILY RESIDENTIAL LOT 9 SINGLE FAMILY RESIDENTIAL LOT 8 SINGLE FAMILY RESIDENTIAL ALA & PAMELA AL-KHOURI HARI MADHUNAPANTULA SCOTT HAVLOVIC WENDY MILLS FRONTIER ESTATES, PHASE 3 CAB. 2016, PG. 573 VACANT VACANT VACANT SF RESIDENTIAL VACANT VACANT SF RESIDENTIAL SF RESIDENTIAL 389.8 4' N 62° 5 2' 0 3" E223.85'S 06°10'33" E389.8 4'S 62° 5 7' 3 9" W S 06°07'02" E 39.97'280.07'S 05°25'34" ES 82°49'43" W 529.60' 914.83' N 89°20'16" E S 82°52'21" W 732.63' N 01°25'46" E 96.43' N 88°34'14" W 100.71'104.25'S 07°10'17" ES 55°02'25" W 63.23'ZONING EXHIBIT13.310 ACRESCOLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 172TOWN OF PROSPERCOLLIN COUNTY, TEXASMQ DEVELOPMENT COMPANY4622 MAPLE AVENUE SUITE 200DALLAS, TEXAS 7521934271-Zoning08.01.20221" = 60'VICINITY MAP NOT TO SCALE 34271.00Date :Scale :File :Project No. :G:\342\71\ENGINEERING\Exhibits\34271-Zoning.dwgTexas Engineers Registration No. 89Texas Surveyors No. 10086600 Expires 12/31/2019COPYRIGHT ã 2022, Winkelmann & Associates, Inc.No.DATEREVISIONAPPROV.Scale 1" = 60' N S EW 12060030 G e n t l e C r e e k HIGHPOINT PRAIRIEVIEWNORTHERNBURLINGTONRAEWOOD CHANDLER PROSPER TRAIL STATE HIGHWAY 289SITE COIT ROADCOLEMAN STREETFUTURE LAND USE: RESIDENTIAL PD-RETAIL PARK PD FOR RESTAURANT/RETAIL & OFFICE USES ZC 21-003 EXHIBIT A FUTURE LAND USE: RESIDENTIAL FUTURE LAND USE: FUTURE LAND USE: RESIDENTIAL RESIDENTIAL RETAIL/ RESTAURANT/ OFFICE ACCESS ESMT T O BE ABANDONE D RESIDENTIAL A B B NOTE: A - LOTS 1-9 "RETAIL, RESTAURANT/OFFICE" B - LOTS 10-11 "RESIDENTIAL" Page 177 Item 8. PROPERTY DESCRIPTION STATE OF TEXAS § COUNTY OF COLLIN § BEING a tract of land situated in the COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 172, City of Prosper, Collin County, Texas and being all of the same tract of land as described in deed to MQ Prosper North LLC, recorded in County Clerk's File No. 20161229001 766390, Official Public Records, Collin County, Texas (O.P.R.C.C.T.), and being more particularly described as follows: BEGINNING at a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner, said iron rod being situated in the Easterly right-of-way line of State Highway 289 (Preston Road, variable width right-of-way) and being the Northwest corner of Lot 3X, Block A, The Montclair, an addition to the Town of Prosper, Collin County, Texas, according to the plat thereof recorded in County Clerk's File No. 20170925010004560, O.P.R.C.C.T.; THENCE North 88 deg 39 min 55 sec West, a distance of 93.55 feet to the centerline said State Highway 289 to a point for corner; THENCE North 01 deg 20 min 05 sec East, along said centerline of State Highway 289, a distance of 652.03 feet to a point for corner; THENCE South 88 deg 39 min 55 sec East, a distance of 80.16 feet to a 1/2-inch iron rod with yellow plastic cap stamped "VORTEX" found for corner, said iron rod being the Northwest corner of said MQ Prosper North LLC tract; THENCE North 89 deg 20 min 16 sec East, departing the Easterly right-of-way line of said State Highway 289 and along the North line of said MQ Prosper North LLC tract, a distance of 914.83 feet to a 1/2 -inch iron rod with plastic cap stamped "WESTWOOD" found for corner, said iron rod bein g the Northeast corner of said MQ Prosper North LLC tract; THENCE South 06 deg 07 min 02 sec East, departing the north line and along the East line of said MQ Prosper North LLC tract, a distance of 39.97 feet to a 1/2 -inch iron rod with yellow plastic cap stamped "VORTEX" found for corner, said iron rod being the Northeast corner of a tract of land (Tract 1) as described in deed to Lisa Coulter, recorded in County Clerk's File No. 20150721000897920, O.P.R.C.C.T.; THENCE South 62 deg 57 min 39 sec West, de parting the East line of said MQ Prosper North LLC tract and along the Northerly line of said Lisa Coulter tract, a distance of 389.84 feet to a 1/2 -inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner; THENCE South 06 deg 10 min 33 sec East, departing said Northerly line and along the Westerly line of said Lisa Coulter tract, a distance of 223.85 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner; THENCE North 62 deg 52 min 03 sec East, departing said Westerly line and along the Southerly line of said Lisa Coulter tract, a distance of 389.84 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner, from which a 1/2-inch iron rod with yellow plastic cap stamped "ROOME" found , bears North 02 deg 50 min 16 sec East, a distance of 1.30 feet; THENCE South 05 deg 25 min 34 sec East, departing the Southerly line of said Lisa Coulter tract and along the Easterly line of said MQ Prosper North LLC tract, a distance of 280.07 feet to a point for corner from which a 1/2- inch iron rod with yellow plastic cap stamped "VORTEX" found, bears South 09 deg 16 min 08 sec East, a distance of 0.22 feet, said point being situated in the Northerly line of The Montclair, an addition to the Town of P rosper, Collin County, Texas, according to the plat thereof recorded in Cabinet 2017, Page 776, O.P.R.C.C.T.; Page 178 Item 8. THENCE South 82 deg 49 min 43 sec West, along the Northerly line of said The Montclair Addition, a distance of 529.60 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner at the Northeast corner of Lot 1, Block B of said The Montclair Addition; THENCE South 07 deg 10 min 17 sec East, departing the Northerly line and along the Easterly line of said Lot 1, Block B, a distance of 104.25 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner; THENCE South 55 deg 02 min 25 sec West, departing the Easterly line and along the Southerly line of said Lot 1, Block B, a distance of 63.23 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner and the beginning of a non-tangent curve to the right having a radius of 1,159.50 feet, a central angle of 05 deg 18 min 54 sec, a chord bearing of South 87 deg 34 min 54 sec We st and a chord length of 107.52 feet; THENCE continuing along said Southerly line and along said non -tangent curve to the right, an arc distance of 107.56 feet to a 1/2-inch iron rod with yellow plastic cap stamped "VORTEX" found for corner at the Southea sterly end of a corner clip at the intersection of the Northerly right-of-way line of St. Peter Lane (80' right-of-way) and the Easterly right-of-way line of Emerald Trace Drive (50' right-of-way); THENCE North 43 deg 30 min 45 sec West, along said corner clip, a distance of 13.89 feet to a 1/2-inch iron rod with yellow plastic cap stamped "VORTEX" found for corner at the Northwest end of said corner clip and the beginning of a non-tangent curve to the right having a radius of 275.00 feet, a central angle of 02 deg 08 min 31 sec, a chord bearing of North 04 deg 36 min 06 sec East and a chord length of 10.28 feet; THENCE along the Easterly right-of-way line of said Emerald Trace Drive and along said non -tangent curve to the right, an arc distance of 10.28 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner; THENCE North 84 deg 19 min 39 sec West, a distance of 50.00 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner, said iron rod being situated in the Westerly right -of-way line of said Emerald Trace Drive and the Easterly line of Lot 1, Block A of said The Montclair Addition and also being the beginning of a non-tangent curve to the left having a radius of 325.00 feet, a central angle of 02 deg 34 min 08 sec, a chord bearing of South 04 deg 23 min 18 sec West and a chord length of 14.57 feet; THENCE along said Westerly right-of-way line and the Easterly line of said Lot 1, Block A and along said non- tangent curve to the left, an arc distance of 14.57 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner, said iron rod being at the Northeasterly end of a corner clip at the intersection of the Westerly right-of-way line of said Emerald Trace Drive and the Northerly right-of-way line of said St. Peter Lane; THENCE South 46 deg 49 min 35 sec West, along said corner clip and the Easterly line of said Lot 1, Block A, a distance of 14.24 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner at the Southwest end of said corner clip; THENCE North 88 deg 34 min 14 sec West, departing said corner clip and along said Northerly ri ght-of-way line, and the Southerly line of said Lot 1, Block A, a distance of 100.71 feet to a 1/2 -inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner and the beginning of a curve to the right having a radius of 260.00 feet, a central angle of 05 deg 17 min 50 sec, a chord bearing of North 85 deg 55 min 20 sec West and a chord length of 24.03 feet; THENCE continuing along said Northerly right-of-way line and the Southerly line of said Lot 1, Block A and along said non-tangent curve to the right, an arc distance of 24.04 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner, said iron rod being the Southwest corner of said Lot 1, Block A and the Southeast corner of Lot 3X, Block A of said The Montclair Addition; THENCE North 01 deg 25 min 46 sec East, departing the North right -of-way line of said St. Peter Lane, the South line of said Lot 1, Block A and along the Westerly line of said Lot 1, Block A and the Easterly line of said Lot 3X, Block A, a distance of 96.43 feet to a 1/2-inch iron rod with yellow plastic cap stamped "VORTEX" found for corner, said iron rod being the Northwest corner of said Lot 1, Block A and the Northeast corner of said Lot 3X, Block A; Page 179 Item 8. THENCE South 82 deg 49 min 43 sec West, along the Northerly line of said Lot 3X, Block A, a distance of 108.04 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds 13.310 acres or 579,776 square feet of land, more or less. Bearings shown hereon are based upon an on-the-ground Survey performed in the field on the13th day of February, Page 180 Item 8. 1 Z21-0003 EXHIBIT C PLANNED DEVELOPMENT CONDITIONS MQ PROSPER NORTH A1. Statement of Effect: Lots 1-9, Subdistrict A, shall develop under the regulations of the Retail (R) District of the Town’s Zoning Ordinance as it exists or may be amended except as otherwise set forth herein. Lots 10 and 11, Subdistrict B, shall develop under the regulations of the Single Family-15 (SF-15) District of the Town’s Zoning Ordinance as it exists or may be amended except as otherwise set forth herein. A2. Development Plans (Retail and SF-15 Districts); Exhibit – D Concept Plan, Exhibit – E Landscape Plan; Exhibits F-1-F3 Building Elevations; Exhibit - G Screening Plan Permitted Uses. Subdistrict A, for Lots 1-7, conditional development standards (C) must be met per the Zoning Ordinance, No. 05-20, as it exists, or may be amended. Uses shall be permitted as a Specific Use with the approval of a specific use permit (SUP). Building and parking lot development is prohibited on Lots 8 and 9. List of Permitted Uses: 1. Administrative, Medical or Professional Office 2. Alcoholic Beverage Sales for off-premise consumption on Lots 1 and 5 by SUP only 3. Antique Shop 4. Artisan’s Workshop 5. Bank, Savings and Loan, or Credit Union, Lots 1-7 only; walk-up or drive-through ATM’s are allowed but teller window bank drive through lanes are prohibited 6. Beauty Salon, Barber Shop, Lots 1-5only 7. Business Service, Lots 1 – 5 only 8. Child Care Center, Licensed, only one permitted in PD, Lots 2, 3 and 4 by SUP only 9. Dry Cleaning, Minor 10. Furniture, Home Furnishings and Appliance Store, Lot 3 11. Health/Fitness Center, Lots 1-4 12. Insurance Office, Lots 1-5 13. Massage Therapy, Licensed, Lots 1-5 14. Print Shop, Minor, Lots 1-5 15. Restaurant, Lots 1- 7 only (May include outdoor entertainment in Lots 1, 6, and 7 provided speakers face west away from the single family residential to the east.) a. Restaurants with Drive-through will require a Specific Use Permit. 16. Retail Stores and Shops, Lots 1-7 17. Retail Service, Indoor, Lots 1-7 only 18. Retail/Service Incidental Use, Lots 1-7 19. School, Private 20. Theatre, Neighborhood, Lot 3 by SUP only Permitted Uses, Subdistrict B: For Lots 10 and 11, permitted uses are those uses allowed in the SF-15 District, Section 5.3 of the Zoning Ordinance, Town of Prosper. Page 181 Item 8. 2 A3. Regulations. For Lots 1-9, development is subject to the Retail District except for the following regulations: 1. Maximum Height a. Buildings on Lots 1-7 are limited to one story and a maximum of 30 feet in height. 2. Building Setbacks a. For Lots 1-7, the minimum building setback from an interior property line is 5 feet, except that patios may encroach into interior lot line setbacks on Lots 1, 6 and 7. Patios may not encroach into required landscape setbacks. 3. Maximum Floor Area: Amendment to the Concept Plan is not required for modifications to the building floor area shown at permit application provided the following criteria is met: a. Compliance with off-street parking regulations is maintained for the PD District as a whole. b. The proposed building floor area does not cause a substandard condition or violate any other applicable development standard. c. The proposed building floor area does not exceed the following parameters for each lot: Lot 1: 8,500 square feet; Lot 2: 9,000 square feet; Lot 3: 15,000 square feet; Lot 4: 5,500 square feet; Lot 5: 6,000 square feet; Lot 6: 6,600 square feet; and, Lot 7: 7,500 square feet. A4. Design Guidelines. For Lots 1-7, the development shall adhere to the following design guidelines: 1. Elevation Review and Approval a. Building Elevations shall substantially conform to the Concept Elevations provided in Exhibits F-1, F-2 and F-3. b. Building Materials in addition to the building materials permitted in Chapter 4, Section 8 of the Zoning Ordinance, as exists or may be amended, such materials shall also include Architectural Structural Block, under the trade name “Quik Brick” (a 4” manufactured concrete masonry unit) and cultured stone (manufactured) individually stacked, as provided in the building elevations Exhibits F-1 – F-3 which is a part herein. The clay-fired brick colors used in Exhibits F-1 – F-3 shall be consistent throughout the Planned Development District. Split-faced block, architectural concrete block, and painted/textured concrete tilt wall shall be limited to a maximum of ten percent (10%) of any single elevation on any pad site. A 5. Additional Standards 1. Open Space a. Lots 8 and 9, as depicted on the Exhibit D, shall be maintained as open spaces. Lot 9 shall contain an amenity pond b. The amenity pond in Lot 8 shall contain an operable fountain. c. Lots 8 and 9 improvements shall be developed at the time of construction of phase 1. d. Lots 8 and 9 improvements shall be constructed at the developer’s cost. e. Lots 8 and 9 shall be maintained by the property owner, or property management association. 2. Hike and Bike Trail a. An 8-foot wide hike and bike trail is required as noted in Lots 2 and 8. Page 182 Item 8. 3 b. The hike and bike trail shall be constructed at the time of construction of phase 1. c. The section of hike and bike trail located on Lots 2 and 8 shall be constructed at the developer’s cost. 3. Landscaping shall adhere to the Landscape Plan, Exhibit E-1 and E-2. a. A minimum 30-foot landscape easement is required along Preston Road in Lots 1, 6 and 9. The perimeter trees and shrub requirement may be satisfied through a combination of existing and proposed trees per Landscape Plan, Exhibit E-1. b. A berm is required in the landscape easement along Preston Road in Lot 1. Alternative berming is required in the two areas generally identified on the west side of Lots 6 and 9 per the Concept Plan and Landscape Plan. c. A minimum 15-foot landscape easement is required along Saint Peter Lane in Lot5. d. Perimeter landscaping shall generally comply with the Landscape Plan, Exhibit E-1 and E-2. 4. Landscape, parking lots. Parking lot landscaping shall comply with Section 2 of Prosper Development Requirements. 5. Landscape Requirements for Certificate of Occupancy. All perimeter landscaping along Preston Road and Saint Peter Lane and all parking lot landscaping within an individual lot shall be installed prior to issuance of a certificate of occupancy (CO). 6. Lot Frontage a. Lots are not required to front on a public right-of-way provided each lot has access to a dedicated public access, fire lane and utility easement. 7. Perimeter Screening/Fencing. Perimeter screening and fencing shall be provided as shown on the Perimeter Screening Plan, Exhibit H. a. Perimeter screening or fencing is not required along the following perimeters adjacent to residentially zoned property: i. northern perimeter of Lot 1 ii. eastern, northern, and portions of the southern perimeters of Lot 8 iii. the northern, eastern and southern perimeters of Lot 10, contiguous to residentially zoned property b. Perimeter screening is required as follows: a minimum 6-foot tall ornamental metal fence is required along a portion of the southern perimeter of Lot 8, along a portion of the eastern perimeter of Lot 2, and all of the eastern perimeter of Lot 3. Refer to Vegetative Screening Buffer requirements below for vegetative perimeter requirements. ii. a minimum 6-foot tall masonry wall is required along the shared perimeter of Lots 4 and 10. Refer to Vegetative Screening Buffer requirements below for additional perimeter requirements. 8. Vegetative screening buffer requirements a. A continuous vegetative hedge is required along a portion of the eastern perimeter of Lot 2 and extending along the entire perimeter of Lot 3 as shown on the Landscape Plan. The vegetative hedge shall be made of a row of shrubs that grow to a minimum height of 8 feet at maturity. A row of trees is also required in the 15’ Landscape Setback as noted in Lots 2 and 3 on the Concept Plan and Landscape Plan. A row of evergreen trees is required along the shared perimeter of Lots 4 and 10. 9. Parking Requirements. For parking purposes in satisfying off-street parking requirements in Subdistrict A, Lots 1-7 are considered one lot. A6. Additional Provisions: Page 183 Item 8. 4 Restaurants located on Lots 1, 6 and 7 may have outdoor dining patios oriented toward the open space (Lot 9). Detention facilities are permitted to be dry ponds, subject to compliance with Town of Prosper Stormwater Regulations, and review and approval by Town Engineering. The residential tracts shall be incorporated into Lot 10 by replat through the Town’s subdivision platting process. No additional residential tracts or lots will be created. Page 184 Item 8. (80' right-of-way)[PRESTON ROAD](variable width right-of-way)(50' right-of-way)ã VICINITY MAP NOT TO SCALE N S EW “” · · Page 185 Item 8. 04/18/23 THIS ELECTRONIC DRAWING FILE IS RELEASED UNDER THE AUTHORITY OF GREGORY CUPPETT, LICENSED IRRIGATOR & LANDSCAPE ARCHITECT (LICENSED IRRIGATOR NUMBER 0023539, LANDSCAPE ARCHITECT REGISTRATION NUMBER 2672) ON 04/18/23 WHO MAINTAINS THE ORIGINAL FILE. THIS ELECTRONIC RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE RULES AND ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPONSIBILITY FOR ANY MODIFICATION TO OR USE OF THIS DRAWING FILE THAT IS INCONSISTENT WITH THE REQUIREMENTS OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE TEXAS DEPARTMENT OF LICENSING AND REGULATION. NO PERSON MAY MAKE MODIFICATIONS TO THIS ELECTRONIC DRAWING FILE WITHOUT THE IRRIGATOR/LANDSCAPE ARCHITECT'S EXPRESS WRITTEN PERMISSION. DRAWING FILE MAY BE USED AS A BACKGROUND DRAWING. PURSUANT TO RULE 3.103(F) OF THE REGULATIONS OF THE TEXAS DEPARTMENT OF LICENSING AND REGULATION, THE USER OF THIS 1921 MAPLEWOOD DR WEATHERFORD, TX 76087 682-215-9151 PARKS AND OPEN SPACE PLANNING - LANDSCAPE ARCHITECTURE - IRRIGATION DESIGN ã LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 Page 186 Item 8. 3" Cal. (4) QUE VIR 3" Cal. (3) QUE SHU 3" Cal. QUE SHU (4) 3" Cal. ACE CDD (5) 3" Cal. ACE CDD (4) 3" Cal. QUE SHU (6) 7 gal. (22) LEU FRU 3" Cal. (1) CER CAN 3" Cal. (2) QUE SHU 3" Cal. QUE VIR (2) 3" Cal. (3) PIS CHI 7 gal. (25) HES PAR 3" Cal. (2) QUE SHU 3" Cal. (4) ACE CDD 3" Cal. (2) ULM CRA 45 gal. (3) ILE DEC 45 gal. (4) LAG T31 45 gal. ILE DEC (6) 3" Cal. (3) ACE CDD 45 gal. VIT CHA (1) 3" Cal. CER CAN (3) 3" Cal. CER CAN (5) 7 gal. ILE NAN (32) 7 gal. LEU FRU (31) 7 gal. YUC MUL (17) 7 gal. HES PAR (24) 7 gal. LEU FRU (57) 7 gal. ILE NAN (56) 7 gal. YUC MUL (48) 7 gal. HES PAR (65) 3" Cal. QUE VIR (2) 3" Cal. QUE SHU (3) 3" Cal. CER CAN (6) 3" Cal. ACE CDD (2) 3" Cal. ULM CRA (2) 7 gal. HES PAR (7) 3" Cal. ACE CDD (2) 3" Cal. (1) CER CAN 7 gal. ILE NAN (44) 7 gal. HES PAR (14) 7 gal. YUC MUL (5) 3" Cal. (6) QUE VIR 3" Cal. (2) PIS CHI 3" Cal. PIS CHI (4) 3" Cal. ULM CRA (3) 3" Cal. CER CAN (5) 3" Cal. (1) PIS CHI 3" Cal. ULM CRA (3) 10 gal. (10) ILE NEL 45 gal. (4) ILE DEC 3" Cal. CER CAN (4) 3" Cal. (2) QUE SHU 3" Cal. (2) PIS CHI 7 gal. ILE NAN (41) 3" Cal. (4) CER CAN 10 gal. ILE NEL (20) 7 gal. LEU FRU (33) 10 gal. ILE NEL (12) 45 gal. VIT CHA (2) 7 gal. (21) LEU FRU 3" Cal. (2) ULM CRA 3" Cal. ULM CRA (2) 3" Cal. PIS CHI (3) 3" Cal. PIS CHI (1) 3" Cal. ULM CRA (6) 3" Cal. (2) PIS CHI 45 gal. VIT CHA (5) 7 gal. LEU FRU (22) 3" Cal. ULM CRA (4) 3" Cal. (9) CER CAN 3" Cal. (5) QUE SHU 3" Cal. (2) ACE CDD 3" Cal. (2) ULM CRA 3" Cal. (2) PIS CHI 3" Cal. (2) QUE VIR 45 gal. (3) ILE DEC 7 gal. (31) LEU FRU 10 gal. (45) ILE NEL 3" Cal. QUE VIR (2) 10 gal. ILE NEL (12) 7 gal. HES PAR (48) 3" Cal. PIS CHI (5) 10 gal. ILE NEL (16) 3" Cal. (4) PIS CHI 10 gal. (13) ILE NEL 7 gal. (55) LEU FRU 45 gal. (4) JUN EAS 45 gal. (12) CUP ARI 45 gal. (11) CUP ARI 45 gal. (8) CUP ARI 30 gal. (36) JUN BR2 6'-0"6'-0" 15'-0" MINIMUM PL LANDSCAPE SHRUBS LANDSCAPE TREE 6' WROUGHT IRON FENCE/ COLUMNS 4' WALL 4' WALL 15'-0" MINIMUM LANDSCAPE TREE 6' WROUGHT IRON FENCE/ COLUMNS THIS ELECTRONIC DRAWING FILE IS RELEASED UNDER THE AUTHORITY OF GREGORY CUPPETT, LICENSED IRRIGATOR & LANDSCAPE ARCHITECT (LICENSED IRRIGATOR NUMBER 0023539, LANDSCAPE ARCHITECT REGISTRATION NUMBER 2672) ON 04/18/23 WHO MAINTAINS THE ORIGINAL FILE. THIS ELECTRONIC RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE RULES AND ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPONSIBILITY FOR ANY MODIFICATION TO OR USE OF THIS DRAWING FILE THAT IS INCONSISTENT WITH THE REQUIREMENTS OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE TEXAS DEPARTMENT OF LICENSING AND REGULATION. NO PERSON MAY MAKE MODIFICATIONS TO THIS ELECTRONIC DRAWING FILE WITHOUT THE IRRIGATOR/LANDSCAPE ARCHITECT'S EXPRESS WRITTEN PERMISSION. DRAWING FILE MAY BE USED AS A BACKGROUND DRAWING. PURSUANT TO RULE 3.103(F) OF THE REGULATIONS OF THE TEXAS DEPARTMENT OF LICENSING AND REGULATION, THE USER OF THIS 1921 MAPLEWOOD DR WEATHERFORD, TX 76087 682-215-9151 PARKS AND OPEN SPACE PLANNING - LANDSCAPE ARCHITECTURE - IRRIGATION DESIGN 50'0' THIS LANDSCAPE PLAN IS PROVIDED TO SHOW REQUIRED LANDSCAPING TO MEET TOWN OF PROSPER CODES. THERE ARE EXISTING TREES ON SITE THAT MAY BE PRESERVED AND/OR MITIGATED BASED ON FINAL GRADING. PERMIT DRAWINGS WILL REFLECT EXISTING TREES AND PRESERVATION/MITIGATION. TREES PRESERVED WITH FINAL GRADING MAY OR MAY NOT COUNT TOWARDS REQUIRED LANDSCAPING AS DEFINED IN TOWN LANDSCAPE ORDINANCE. 04/18/23 100'ã TREES CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING REMARKS ACE CDD 23 Acer saccharum `Caddo`Caddo Sugar Maple 3" Cal.12` Height Min As Shown CER CAN 44 Cercis canadensis Eastern Redbud 3" Cal.8`As Shown CUP ARI 34 Cupressus arizonica Arizona Cypress 45 gal.8`-10` Ht.15` o.c.Single Straight Trunk, 3" Cal. ILE DEC 20 Ilex decidua Possumhaw Holly 45 gal.8`As Shown 3" caliper Min. JUN EAS 4 Juniperus virginiana Eastern Redcedar 45 gal.8`-10` Ht.3" caliper Min. JUN BR2 39 Juniperus virginiana 'Brodie'Brodie Eastern Redcedar 30 gal.8`Single Straight Trunk LAG DA2 1 Lagerstroemia indica `Dallas Red`Red Crape Myrtle 45 gal.8`As Shown 3 to 5 canes, 3" caliper Min. LAG T31 11 Lagerstroemia indica `Tuscarora`Crape Myrtle 45 gal.8`As Shown 3 to 5 canes, 3" caliper Min. PIS CHI 33 Pistacia chinensis Chinese Pistache 3" Cal.10` Min.As Shown QUE SHU 28 Quercus shumardii Shumard Red Oak 3" Cal.12` Height Min As Shown QUE VIR 19 Quercus virginiana Southern Live Oak 3" Cal.12` Height Min As Shown ULM CRA 30 Ulmus crassifolia Cedar Elm 3" Cal.12` Height Min As Shown VIT CHA 8 Vitex agnus-castus Chaste Tree 45 gal.8`As Shown 3" Caliper Min. SHRUBS CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING REMARKS HES PAR 186 Hesperaloe parviflora Red Yucca 7 gal.18"-24"48" O.C. ILE NAN 191 Ilex vomitoria 'Nana'Dwarf Yaupon Holly 7 gal.18"-24"36" O.C. ILE NEL 144 Ilex x `Nellie R. Stevens`Nellie R. Stevens Holly 10 gal.36" Min 48" O.C. LEU FRU 282 Leucophyllum frutescens Texas Sage 7 gal.24"-36"48" O.C. YUC MUL 72 Yucca recurvifolia Soft Leaf Yucca Multi-Trunk 7 gal.18"-24"48" O.C. GROUND COVERS CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING SPACING REMARKS CYN DAC 80,258 sf Cynodon dactylon Bermuda Grass Hydro-Mulch Turf to be established prior to final acceptance NAS PON 5,570 Nassella tenuissima `Pony Tails`Mexican Feathergrass 4" pots 18" O.C.18" o.c. TRA ASI 1,807 Trachelospermum asiaticum Asiatic Jasmine 4" pots 12" O.C.12" o.c. PLANT SCHEDULE NOTE: THIS PLAN IS CONCEPTUAL IN NATURE AND THE DETAIL PER THE PD AND TOWN ORDINANCE WILL BE PROVIDED WITH THE SP/PSP. COMBINATION 4' RETAINING WALLS AND LANDSCAPE TO PROVIDE MINIMUM 8' SCREEN TRAIL BRIDGE ARIZONA CYPRESS'BRODIE' JUNIPER MASONRY WALL AA BB SECTION A-A SECTION B-B TURF SHALL BE ESTABLISHED PRIOR TO FINAL ACCEPTANCE Page 187 Item 8. Page 188 Item 8. Page 189 Item 8. Page 190 Item 8. (80' right-of-way)[PRESTON ROAD](variable width right-of-way)(50' right-of-way)ã VICINITY MAP NOT TO SCALE N S EW Page 191 Item 8. Page 1 of 2 To: Mayor and Town Council From: David Soto, Planning Manager Through: Mario Canizares, Town Manager Chuck Ewings, Executive Director of Development and Infrastructure Services David Hoover, Director of Development Services Re: Development Agreement MQ Prosper North Town Council Meeting – May 23, 2023 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Development Agreement between MQ Development Partners and the Town of Prosper, related to the MQ Prosper North Development, located on the east side of Preston Road, north of St. Peter Lane. (DEVAGRE-23- 0007) Description of Agenda Item: On April 25, 2023, the Town Council approved the proposed request. A Development Agreement has been prepared accordingly. The ordinance for the adoption of the zoning request, is also on the May 23, 2023, Town Council agenda for consideration. Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Attachments: 1. Development Agreement 2. Exhibits Town Staff Recommendation: Town staff recommends that the Town Manager to execute a Development Agreement between MQ Development Partners and the Town of Prosper, related to the MQ Prosper North Development, located on the east side of Preston Road, north of St. Peter Lane. PLANNING Page 192 Item 9. Page 2 of 2 Proposed Motion: I move to authorize the Town Manager to execute a Development Agreement between MQ Development Partners and the Town of Prosper, related to the MQ Prosper North Development, located on the east side of Preston Road, north of St. Peter Lane. Page 193 Item 9. DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”), and MQ Development Partners, LP, a Texas limited partnership (“Developer”), collectively referred to as “Parties,” to be effective on the date last executed by either of the Parties (the “Effective Date”). WHEREAS, the Town is a home-rule municipal corporation, located in Collin County and Denton County, Texas, organized and existing under the laws of the State of Texas; and WHEREAS, Developer is developing an approximate 13.3-acre tract of land generally located east of Preston Road and north of St. Peter Lane, more particularly described in Exhibit A, attached hereto and incorporated by reference (the “Property”); and WHEREAS, the Property was rezoned by the Town Council on or about April 2 5, 2023, and this Agreement seeks to incorporate, in part, the negotiated and agreed upon development standards contained in the Ordinance rezoning the Property, as said Ordinance may be amended, and/or this Development Agreement, to recognize Developer’s reasonable investment-backed expectations in the development of the Property and as more fully described herein. NOW, THEREFORE, in consideration of the foregoing premises, and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the Parties to this Agreement agree as follows: 1. Certain Business Establishments Prohibited. Developer agrees and acknowledges that it will not lease, sell or otherwise permit or authorize on the Property any of the following business establishments: (1) credit access businesses, as defined in Texas Finance Code § 393.601, as amended, including but not limited to payday lending businesses, “cash for title” lenders, and credit services businesses, as defined in Texas Finance Code § 393.001, as amended); (2) body art facilities; (3) smoke or vape shops; (4) any business entity that sells drug paraphernalia; (5) any business establishment offering gaming or slot machines; (6) sex shops, including but not limited to business entities whose primary purpose is the sale of lewd merchandise; (7) pawn shops; and (8) business entities which primarily utilize outdoor storage or displays. Additionally, except for those buildings identified as Buildings 1 and/or 5 on the Concept Plan, attached hereto as Exhibit B and incorporated by reference, Developer agrees and acknowledges that it will not lease, sell or otherwise permit or authorize on the Property a package liquor store, which for purposes of this Agreement is defined as any business entity that is required to obtain a Package Store Permit (P) from the Texas Alcoholic Beverage Commission for the off-premises consumption of alcohol. Further, Developer agrees and acknowledges that it suggested and has agreed that any such alcohol sales in said Buildings 1 and/or 5 shall be subject to the specific use permit process contained in the Town’s Zoning Ordinance, as amended, and further, Developer agrees and acknowledges that this Agreement is not a zoning ordinance or a contractual agreement to either zone or rezone the Property relative to Buildings 1 and/or 5 on the Property. Nothing in this Agreement Page 194 Item 9. 2 shall be deemed to modify or otherwise amend any zoning regulation duly adopted by the Town, previously or in the future. 2. Development Standards. For any structure built on the Property following the Effective Date, it shall comply with the requirements contained in Exhibit C, elevations and building materials for the structure(s) located on the Property, attached hereto and incorporated herein. The Parties agree and acknowledge that the provisions of this Paragraph shall apply to any structure constructed subsequent to the execution of this Agreement. Nothing in this Agreement shall be deemed to modify or otherwise amend any zoning regulation duly adopted by the Town, previously or in the future. 3. Business Hours on Lots 2, 3 and 4. Developer agrees and acknowledges that no businesses located on Lots 2, 3 or 4 of the Property shall remain open to the public after 10:00 p.m. 4. Weed-Free Landscape Areas. Developer agrees to maintain all landscaped areas of the Property, as reflected on the Landscape Plan attached hereto as Exhibit D and incorporated by reference, free of weeds, tall grass, rubbish, brush and other objectionable, unsightly or unsanitary matter, as defined in Article 6.03 of Chapter 6 of the Town’s Code of Ordinances, as amended. Failure to comply with the terms of this Paragraph relative to weeds, tall grass, rubbish, brush and other objectionable, unsightly or unsanitary matter may result in the filing of a complaint against Developer in the Town’s municipal court (or other appropriate forum) or other such action deemed appropriate by the Town related to the enforcement of the terms and provisions of this Paragraph. 5. Covenant Running with the Land. The terms, conditions, rights, obligations, benefits, covenants and restrictions of the provisions of this Agreement shall be deemed covenants running with the land, and shall be binding upon and inure to the benefit of Developer and its heirs, representatives, successors and assigns. This Agreement shall be deemed to be incorporated into each deed and conveyance of the Property or any portion thereof hereafter made by any other owners of the Property, regardless of whether this Agreement is expressly referenced therein. 6. Applicability of Town Ordinances. Developer shall construct all structures on the Property in accordance with all applicable Town ordinances and building/construction codes, whether now existing or arising prior to such construction in the future. 7. Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time determined based on the nature of the alleged failure, but in no event less than thirty (30) days after written notice of the alleged failure has been given). In addition, no Party shall be in default under this Agreement if, within the applicable cure period, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. If either Party is in default under this Agreement, Page 195 Item 9. 3 the other Party shall have the right to enforce the Agreement in accordance with applicable law, provided, however, in no event shall any Party be liable for consequential or punitive damages. 8. Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the Parties created hereunder are performable in Collin County, Texas. Exclusive venue for any action arising under this Agreement shall lie in Collin County, Texas. 9. Notice. Any notices required or permitted to be given hereunder (each, a “Notice”) shall be given by certified or registered mail, return receipt requested, to the addresses set forth below or to such other single address as either party hereto shall notify the other: If to the Town: The Town of Prosper 200 S. Main Street P.O. Box 307 Prosper, Texas 75078 Attention: Town Manager If to Developer: MQ Development Partners 4622 Maple Avenue, Suite 200 Dallas, Texas 75219 Attention: Donald L. Silverman 10. Prevailing Party. In the event any person initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 11. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto with respect to development of the Property and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any Party. 12. Savings/Severability. In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. 13. Binding Agreement. A telecopied facsimile or pdf of a duly executed counterpart of this Agreement shall be sufficient to evidence the binding agreement of each party to the terms herein. 14. Authority to Execute. This Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. The Town warrants and Page 196 Item 9. 4 represents that the individual executing this Agreement on behalf of the Town has full authority to execute this Agreement and bind the Town to the same. Developer warrants and represents that the individual executing this Agreement on behalf of Developer has full authority to execute this Agreement and bind Developer to the same. The Town Council hereby authorizes the Town Manager of the Town to execute this Agreement on behalf of the Town. 15. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non -binding mediation. 16. Notification of Sale or Transfer; Assignment of Agreement. Developer has the right (from time to time without the consent of the Town, but upon written notice to the Town) to assign this Agreement, in whole or in part, and including any obligation, right, title, or interest of Developer under this Agreement, to any person or entity (an “Assignee”) that is or will become an owner of any portion of the Property or that is an entity that is controlled by or under common control with Developer. Each assignment shall be in writing executed by Developer and the Assignee and shall obligate the Assignee to be bound by this Agreement. A copy of each assignment shall be provided to the Town within ten (10) business days after execution. Provided that the successor owner assumes the liabilities, responsibilities, and obligations of the assignor under this Agreement, the assigning party will be released from any rights and obligations under this Agreement as to the Property that is the subject of such assignment, effective upon receipt of the assignment by the Town. No assignment by Developer shall release Developer from any liability that resulted from an act or omission by Developer that occurred prior to the effective date of the assignment. Developer shall maintain true and correct copies of all assignments made by Developer to Assignees, including a copy of each executed assignment and the Assignee’s Notice information. 17. Sovereign Immunity. The Parties agree that the Town has not waived its sovereign immunity from suit by entering into and performing its obligations under this Agreement. 18. Effect of Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; (c) are legislative findings of the Town Council; and (d) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, sha ll be taken into consideration and, to the maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered into this Agreement. 19. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. Page 197 Item 9. 5 20. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile or pdf signature will also be deemed to constitute an original. 21. Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the Parties do not intend to create any third-party beneficiaries by entering into this Agreement. 22. Amendment. This Agreement shall not be modified or amended except in writing signed by the Parties. A copy of each amendment to this Agreement, when fully executed and recorded, shall be provided to each Party, Assignee and successor Developer of all or any part of the Property; however, the failure to provide such copies shall not affect the validity of any amendment. 23. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 198 Item 9. 6 IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the date referenced herein. TOWN: THE TOWN OF PROSPER, TEXAS By: ___________________________ Name: Mario Canizares Title: Town Manager, Town of Prosper STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of _______________, 2023, by Mario Canizares, Town Manager of the Town of Prosper, Texas, on behalf of the Town of Prosper, Texas. _____________________________________ Notary Public, State of Texas My Commission Expires: _________________ Page 199 Item 9. 7 DEVELOPER: MQ DEVELOPMENT PARTNERS, a Texas limited partnership By: ________________________________ Donald L. Silverman, CEO STATE OF TEXAS ) ) COUNTY OF DALLAS ) This instrument was acknowledged before me on the ___ day of _______________, 2023, by Donald L. Silverman, in his capacity as Chief Executive Officer of MQ Development Partners, a Texas limited partnership, known to be the person whose name is subscribed to the foregoing instrument, and that he executed the same on behalf of and as the act of Developer. _____________________________________ Notary Public, State of Texas My Commission Expires: _________________ Page 200 Item 9. 8 EXHIBIT A (Property Description) Page 201 Item 9. 9 EXHIBIT B (Concept Plan) Page 202 Item 9. 10 EXHIBIT C (Building Materials and Elevations) Page 203 Item 9. 11 EXHIBIT D (Landscape Plan) Page 204 Item 9. 1 David Soto From:Terry Welch <twelch@bhlaw.net> Sent:Thursday, May 4, 2023 10:42 AM To:David Soto; Chuck Ewings Subject:[*EXTERNAL*] - MQ Development Agreement Attachments:Prosper Development Agreement MQ Development Partners 5-1-23.docx ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Dear David and Chuck: Attached is a draft copy of the development agreement for the MQ/Silverman tract of land. Please let me know if you have any questions or concerns. If not, please feel free to forward to Don. Thanks, Terry Page 205 Item 9. Page 1 of 1 To: Mayor and Town Council From: Michelle Lewis Sirianni, Town Secretary Through: Mario Canizares, Town Manager Robyn Battle, Executive Director of Community Services Re: Town Council Subcommittees Tow n Council Meeting – May 23, 2023 Agenda Item: Discuss and consider making appointments to the Council Subcommittees. Description of Agenda Item: Each year following the Election, the Town Council reviews and has the opportunity to make any necessary changes to the Town Council Subcommittees. The current subcommittees are comprised of the following Councilmembers:  Technology/VERF – Deputy Mayor Pro-Tem Andres and Councilmember Kern  Finance – Mayor Bristol, Councilmembers Ray and Cotten  Broadband – Deputy Mayor Pro-Tem Andres, Councilmembers Ray and Kern  Capital Improvements – Mayor Pro-Tem Hodges, Councilmembers Bartley and Cotten  Legislative Affairs – Mayor Bristol and Deputy Mayor Pro-Tem Andres  CEC – Mayor Pro-Tem Hodges, Councilmembers Bartley and Ray Attached Documents: 1. Town Council Subcommittee’s List Town Staff Recommendation: Town staff recommends the Town Council review and make any necessary changes to the Town Council Subcommittees. TOWN SECRETARY’S OFFICE Page 206 Item 10. Updated 12/13/2022 Town Council Subcommittees The Town Council Subcommittees are responsible for providing input and making recommendations to Town staff on behalf of the Town Council. There are currently five Town Council Subcommittees. The purpose and scope of each subcommittee is defined below. Council Technology/VERF Subcommittee  Shall periodically review the Town’s existing technological capabilities, and make recommendations for improvements  Shall periodically review and make recommendations on the Town’s Vehicle and Equipment Replacement Fund (VERF) as it relates to the acquisition, implementation, maintenance and upgrading of the Town’s technology, software, and computer equipment  Shall make recommendations for the continuous improvement of the Town’s website and use of social media  Shall make recommendations to promote the use of technology to increase efficiency of operations within the Town The current subcommittee consists of two Councilmembers (Craig Andres and Chris Kern). Staff support includes the Town Manager, Executive Director of Administrative Services, IT Director, Finance Director, and Purchasing Manager. Council Finance Subcommittee  Shall review the Town’s annual Audit/CAFR prior to presentation to the Town Council  Shall periodically review and make recommendations to the Town’s employee compensation and classification plan  Shall periodically review and make recommendations to the Town’s Vehicle and Equipment Replacement Fund (VERF) as it relates to the acquisition, replacement and upgrading of the Town’s vehicles and equipment  Shall review and make recommendations to the investment policy annually  Shall make recommendations on various Town-related financial matters The current subcommittee consists of three Councilmembers (Mayor David Bristol, Marcus Ray, and Charles Cotten). Staff support includes the Town Manager, Executive Director of Administrative Services, and Finance Director. Council Benefits Subcommittee – Dissolved by Town Council on December 13, 2022  Shall review significant changes to employee benefits that may impact the Town’s ability to attract and retain employees  Shall periodically review and provide input on benefit plans offered to employees  Shall periodically review and provide input on the employee wellness program  Shall provide advice and direction to ensure Town benefits are cost-effective The current subcommittee consists of three Councilmembers (Jeff Hodges, Amy Bartley, and Charles Cotten). Staff support includes the Town Manager, Executive Director of Administrative Services, HR Director, and Finance Director. Council Broadband Subcommittee Established for the purpose of researching internet service options within the Town. Committee may meet with providers and/or an external organization to study current service and develop a plan to improve service within the Town. The current subcommittee consists of three Councilmembers (Craig Andres, Marcus Ray, and Chris Kern) and Greg Creek (resident). Staff support includes the Town Manager, Executive Director of Administrative Services, Development Services Director, IT Director, and Town Attorney (as needed). Page 207 Item 10. Community Engagement Committee (CEC) – Established as formal Committee on September 13, 2022 Established in December 2020 for the purpose of providing residents with an opportunity to enhance the Town’s interaction with the public. The Community Engagement Subcommittee shall: • Act in an advisory capacity to the Town Council regarding Community Engagement activities • Identify topics of interest and methods or techniques to improve community engagement • Evaluate, provide feedback, and make recommendations on selected Town programs, events, and activities • Serve as a focus group for selected pilot projects or programs that may require or benefit from public input before implementation • Serve as social media ambassadors for the Town by engaging with the Town’s social media platforms • Inform the Subcommittee of community events that may be of interest to the Town Council (multicultural celebrations, large neighborhood events, nonprofit events, etc.) The current committee consists of three Councilmembers (Marcus Ray, Amy Bartley, Jeff Hodges) and eleven Council-appointed residents with one alternate (See Ord. 2022-56 and 2022-61). Staff support includes the Executive Director of Community Services and Community Engagement Specialist. Legislative Affairs Subcommittee  Reviews makes recommendations to the full Council on the Town’s Legislative Agenda prior to each legislative session  Serves as the primary representatives responsible for communicating the Town’s legislative priorities to members of the Texas Legislature, appropriate legislative committees, staff members or agencies  Works with the Town & EDC lobbyist and staff to develop legislative strategies and tactical responses to support or oppose legislation in accordance with the Town’s Legislative Agenda. The current subcommittee consists of two Councilmembers (Mayor Bristol and Craig Andres). Staff support includes the Town Manager, Executive Director of the Prosper Economic Development Corporation and Executive Director of Community Services Capital Improvements Subcommittee  Obtain a holistic view of the Town’s short-term and long-term capital improvement needs regardless of possible funding sources.  Using projected funding available by year received from staff and reviewed by the Finance sub-committee prioritize the timing and scope of projects for a minimum of five but potentially up to ten years. Available funding sources as determined by the Finance sub-committee will include the Capital Dedicated Fund, Impact Fee Funds, debt issuance, grants, year -end savings, and other sources.  In the event, that the sub-committee believes that available funding is not sufficient to complete all needed capital projects within the desired timeframe request the Finance sub- committee to identify additional funding sources including additional debt issuance.  Make a clear recommendation to the Town Council on the capital improvement projects that would be selected as part of the budget process through the adoption of the Multi-Year Capital Plan. The current subcommittee consists of three Councilmembers (Jeff Hodges, Amy Bartley, and Charles Cotten). Staff support includes the Town Manager, Executive Director of Administrative Services, and Interim Executive Director of Infrastructure and Development Services. Page 208 Item 10. Page 1 of 1 To: Mayor and Town Council From: Mario Canizares, Town Manager’s Office Re: May 2022-2023 Council and Staff Review of Activities & Services Town Council Meeting – May 23, 2023 Agenda Item: Discussion regarding a review of activities and services of Town Council and staff from May 2022 to May 2023. Description of Agenda Item: Over the last twelve months, the Town of Prosper has experienced a significant transition of leadership at the Council and Staff level. With that level of transition, it will usher in differing philosophies and ideas of how to approach Town services for the community. The purpose of this discussion is to demonstrate the highlights of major milestones that have occurred in the Town of Prosper organization from May 2022 to May 2023. This is an opportunity to reflect on what has been accomplished that sets the direction of moving forward as we strive towards leading with excellence. The Mayor requested that staff provide a summary of past accomplishments since May 2023. This summarized list will be provided to the Council at the May 23rd Town Council meeting. There may be some items that were left off and I hope that no one takes offense if items are missing. It was not intended to diminish or overlook past activities. Budget Impact: There is no budgetary impact affiliated with this item. Town Staff Recommendation: This is a discussion item only. Proposed Motion: This is a discussion item only. Town Manager’s Office Page 209 Item 12.