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01.08.2007 Town Council PacketISPER OWN OF 1. Call to Order / Roll Call. 2. Invocation and Pledge of Allegiance. AGENDA Regular Meeting of the Prosper Town Council Prosper Middle School - Library 605 E. Seventh Street, Prosper, Texas Tuesday, January 8, 2008 at 6:00 p.m. 3. Announcements of dates and times of upcoming community events. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item without comment and may submit written comments as part of the official record.) 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) • December 11, 2008 —Regular Town Council Meeting ORDINANCES, RESOLUTIONS. AND AGREEMENTS b. An update on the Town's sports fields and/or the construction of future sports fields. (WH) ANNEXATION PETITIONS C. Consider and act to accept a petition presented by Forest City Land Group to set dates for two public hearings and call for a service plan for the voluntary annexation of approximately 2106.592 acres of land and being more generally located north of Hwy 380 and west of Fields Road. (MD) d. Consider and act to accept a petition presented by Forest City Land Group to set dates for two public hearings and call for a service plan for the voluntary annexation of approximately 27.149 acres of land being more generally located east of Good Hope Road and +1600' north of Hwy 380. (MD) FINANCIALS e. Consider and act upon the financial statements ending November 30, 2007. (RB) (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 Comments Form" and present it to the Town Secretary prior to the meeting.) 5. Other Comments by the Public. REGULAR AGENDA (if you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case -by -case basis, at the discretion of the Mayor and Town Council.) Page 1 of 3 PUBLIC HEARINGS 6. Presentation of Service Plan and First Public hearing to consider the voluntary annexation of approximately 10.0141 acres of land located in the Spencer Graham Survey, Abstract No.359, and being more generally located +3700 east of Coit Road and +1840 north of E. First Street. (MD) 7. Presentation of Service Plan and First Public hearing to consider the voluntary annexation of approximately 10.85 acres of land located in the George Horn Survey, Abstract No.412, and being more generally located north of Prosper Trail and west of Custer Road. (MD) DEPARTMENT ITEMS 8. Consider and act upon 1) approval of a Nonexclusive Distribution Agreement with the North Texas Tollway Authority and 2) adopt a resolution authorizing the Town Manager to execute the same. (MD) 9. Consider and act upon 1) Change Order number 2 to include $38,804.20 dollars of paving improvements in Collin Green to Collin Court and 2) adopt a resolution authorizing the Town Manager to execute the same. (F.n 10. Consider and possibly act upon 1) an amendment to the La Terra Studio design and construction contract, increasing the contract amount by $3,300 to include the design and engineering of sports field lighting and 2) approve a resolution authorizing the Town Manager to execute the changes. (WH) 11. Consider and possibly authorize Town Staff to submit a Letter of Intent to Burlington Northern / Santa Fe Railroad (BNSF) to establish a new crossing quiet zone within the Town of Prosper. (WH) 12. Consider and act upon adoption of an ordinance amending Section 4 E. of the Comprehensive Parks Ordinance. (WH) 13. Discuss and give direction regarding traffic safety along Hwy 380. (ML) 14. Consider and act upon approval of a resolution appointing a board member to the Upper Trinity Regional Water District Board of Directors. (MIL) EXECUTIVE SESSION 15. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: Section 551.087 to deliberate on economic development negotiations regarding the Gates of Prosper project. 16. Reconvene into regular session and take any action necessary as a result of the closed session. 17. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 18. Adjourn. Note: The order in which items are heard on the agenda is subject to change. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted by the following date and time: Friday, January 4, 2008 at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened. Page 2 of 3 atthew D. Denton, TRMC ~-' Date Noticed Removed own Secretary In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Government Code at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the Town Secretary's Office at (972) 346-2640 or by FAX (972) 347-2111. BRAILLE IS NOT AVAILABLE. .at9 h'- of PR0 ��is O 0 d a m o ®, ab o u uab 0 u o° 400/ 00e Opp 0 o0 40400, Y 0 ' 000e00000000e®O ,EX AS +�``,® Page 3 of 3 ISPER OWN OF 1. Call to Order / Roll Call. The meeting was called to order at 6:06 p.m. Roll call was taken by the Town Secretary. MINUTES Regular Meeting of the Prosper Town Council Prosper Middle School - Library 605 E. Seventh Street, Prosper, Texas Tuesday, December 11, 2007 at 6:00 p.m. Council present included: Mayor Charles Niswanger, Mayor Pro - Dave Turley, Kenneth Dugger, Mike Wadsworth, and Ray Smith. Staff present included: Mike Land, Town Manager; Hulon Webb; Tucker, Fire Chief; and Matthew Denton, Town Secretary. 2. Invocation and Pledge of Allegiance. The invocation was given by Deputy Mayor Pro-Tem Turley. ax: istol, Deputy Mayor Pro-Tem of Development Services; Ronnie and estimated between 2500 and and Linda Guthrie for their work sper Post Office. ie Prosper Post Office needs to be ieetings. (MD) December 4, 2007 — Special Town Council Meeting ORDINANCES, RESOLUTIONS. AND AGREEMENTS b. An update on the Town's sports fields and/or the construction of future sports fields. (WIT) C. Consider and act upon whether to direct staff to submit a written notice of appeal 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 or preliminary site plan. (CC) Page 1 of 3 d. Consider and act upon 1) a Partial Assignment and Assumption of Agreement between Mustang -Midway Plano LTD., and Shaddock Developers, LTD., and 2) approve a resolution authorizing the Town Manager to execute the same. (CC) e. Consider and act upon a resolution canceling the December 25, 2007 Regular Town Council Meeting. (MD) f. Consider and act upon a resolution accepting the 2008 Workplan. (ML) Motioned by Councilmember Smith, seconded by Mayor Pro-Tem Bristol to approve the consent agenda items 5a through 5£ Motion approved 6-0. CITIZEN'S COMMENTS A Other Comments by the Public. There were no comments by the public. REGULAR AGENDA DEPARTMENT ITEMS 7. Consider and act upon Interlocal Service in Denton County. (RT) Ronnie Tucker, Fire Chief, gave council background Motioned by Mayor Pro-Tem Br, Agreements with Denton County. Motion approved 6-0. 8. Discuss and update Hulon Webb,;Dire� PY Daniel Imith, Steve Ward,�76;7. Ed Faulkner, 770 Terry Worthy, 790 Ambulance and Fire Protection to approve the Interlocal Cooperation Prosper Channel Improvements Project. (HW) background information on this item. questions for council and the public. 1 regarding the improvements project. council regarding the improvements project. the council regarding the improvements project. Patricia Sophocleous, 881 Sybil, addressed the council regarding the improvements project. Council directed staff to proceed with option 1 and include looking into options for materials to pave the road to the easement. Councilmember Wadsworth left the meeting at 6:45 p.m. Page 2 of 3 PUBLIC HEARINGS 9. A public hearing to consider and act upon an ordinance relating to approval of a taxation of goods - in -transit that are otherwise exempted from taxation by Property Tax Code Section 11.253. (ML) Mike Land, Town Manager, gave council background information on this item. Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Dugger to open the public hearing. Motion approved 5-0. Mayor Niswanger opened the public hearing at 6:49 p.m. There were no comments by the public. Motioned b Deputy Mayor Pro-Tem Turley, seconded b Councilmember Du " er to close the public Y P Y Y Y Y, 99 hearing. Motion approved 5-0. s Mayor Niswanger closed the public hearing at 6:50 p.mik�q Motioned by Mayor Pro-Tem Bristol, seconded by Dep ty .sayor Pro -Tern Turley to approve the ordinance to continue to tax Super Freeport goods and "opt out" ofthe exemption. Motion approved 5-0. �n s s EXECUTIVE SESSION ���;�'? 10. Recess into closed session in compliance wit: �,... et. Seq. Texas Government Code, to WO a. Section 55,11.087 to deliberate on economic development negotiations regarding the Gates of Prosper4prfolect.�` b. Section 551087 to discuss the Western Prosper Sanitary Sewer Line. C. Section 551.071. Meetmg;w"ithXiity.Attorney regarding a matter in which the duty of the City' Attorney under the Texi& Disciplinary rules of Professional Conduct of the State Bar of 'Texas 'conflicts '44 h the Open Meetings Act and relating to legal issues and negotiations`'wth Forest'321'Iffiopkie iin conjunction with the development of the Mahard property. 11. Recon ene into re ular•session an action necessary as a result of the closed session. g cW Y rY 12. Possiblyidirect Town Stanto schedule topic(s) for discussion at a future meeting. 13. Adjourn. Motioned by Councilmembeugger, seconded by Councilmember Smith to adjourn. Motion approved 5-0. The meeting was adjourned at 6:51 p.m. Attest: Matthew D. Denton, TRMC Town Secretary Charles Niswanger, Mayor Page 3 of 3 t p TOWN ER To: Mayor and Town Council From: Wade Harden, Senior Planner PARKS AND RECREATION Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — January 8, 2008 Date: January 3, 2008 Agenda Item: An update on the Town's sports fields and/or the construction of future sports fields. Description of Agenda Item: At the June 12, 2007 meeting, a request was made by Councilmember Wadsworth to have an update on the Town's sports fields and/or the construction of future sports fields on future agendas. Currently, the Parks and Recreation Board (PARBd) and Town staff are considering the following options at Folsom Park and on the 57 acre community park site. 1. Folsom Park (located next to Folsom Elementary in the La Cima subdivision): Staff is awaiting notification from TPWD for a 50% matching grant (up to $390,000) that was submitted to use as leverage funds with the recently approved Collin County Grant (up to $390,000). La Terra Studio has completed the first of four tasks of the design contract. A few conceptual plans have been reviewed by the PARBd and one selected as a basis for the design (Concept "C"). This design will go through further development and early construction documents for PARBd review later this month. The anticipated bid date is planned for this March with a fall completion date. 2. 57 acre community park site (adjacent to the future Prosper ISD athletic stadium, south side of Frontier Parkway, west of the BNSF Railroad): At the August 23, 2007 PARBd meeting Fred Montes, AIA of PBK presented conceptual master plans for the 57 acre community park site. The Parks Board directed Town staff to meet with Prosper ISD, Prosper Sports Association (PSA), and Prosper Area Soccer Organization (PASO) to discuss the proposed design. Staff initiated contact with PSA and PASO, and should be meeting with Prosper ISD in the near future. Town staff has requested a formal proposal for design services from PBK to present to PARBd and Town Council. Town Manager Mike Land has met with Prosper ISD to discuss the creation of a Master Plan for the entire site, including the Prosper ISD parcel. Staff has contacted PBK requesting an update on the status of the Project. Town Staff is waiting on PBK to submit a revised contract that better reflects the scope of work for the master planning of the site. This project has a tentative completion date of Summer of 09' for Phase I. Agenda Item No. 4b - Page 1 of 2 Attached Documents: Concept"C" Town Staff Recommendation: No action needs to be taken on this item. Agenda Item No. 4b - Page 2 of 2 . ,neER�jL{.E pRj� Q}.q@i•, .y•'�r''�' 0.0 �� • Syr ? ' -• � is .b�iFr'.� J %'%*;•n „� '"fir,,. ' •. M « — +`'�I• i •5' ATM KING 51 PAT \"�4 ock TO,fir �rd'11N, or41. 4110NR 1 \Y 4. 210 ,w 7 c: •�;Si , "' *,1 eo 1 U i :u.,'4�` : jF� 1 J 1 1 1� ,"4: "'C'�? `C: •" r..�a'4� ,r �- '� �o � •� CQkD ATM �r,` F ':! ... •\yam, '\ 1 n � �11� , 1 « f! ! 0 ION PATH us .. ,�� M�,�'°' ."!! ,� !` �a`n;, /`� •yam, '\ '•\\\ J•\•M• 'tin !\^• ,j:-�"., u �.�' w E C4x40si_ ,Sl!!5 �167. S 1� ��• i / •;, 0 10 30 45 00 BO ,LOT. FOR CONSTRUCTIOM Y .! -SCALE IN FEET: 1-.30'-0' .... _ Ius,j:STjV C11ANOY. ` a••'-- OF.CEMBER 2007 ADMINISTRATION Regular Meeting Prosper Town Council January 8, 2007 - 6:00 p.m. To: Mayor and Town Council From: Matthew D. Denton, Town Secretary Xc: Mike Land, Town Administrator Re: Annexation of approximately 2106.592 acres of land generally located north of Hwy 380 and west of Fields Road. Description: Forest City Land Group has submitted a petition for the voluntary annexation of approximately 2106.592 acres of land located north of Hwy 380 and west of Fields Road. Staff will prepare a service plan and schedule the two public hearings to receive input on the annexation of the property. The hearings are tentatively scheduled for February 12, 2008 and February 26, 2008. Recommendation: Staff recommends that Council accept the petition for annexation. Agenda Item No. 4c - Page 1 of 1 diddd^^dam^ d d-IJ�Wead�ad�iy JadjoiJi-i -1 D��L. g lit I 159i9959935553655553393i5i5i99a59i9359395� ��13t4�41�#➢1b'sg�'<$34�34$����l�t�i:�E��ii$4�fi$4!4$1����$4E���bE4� 3 33 gggg g pp 8 aa7�qq pp gppggppgppggqq pp h g 88 ���asse�seess9a989999559i99999§599i9§5353'fi434i333§s9Ri595398 ------------------I I ----- I I I I I I I I I I I I I I I I I I---------- iI r — — — — — — — — — — — — T — — — — — — — — — — I I _ I r J I I I I I II I I ( rp mwwxmo� gg � I bi� i r I I I i i 3 I _ I r— hr I IL— — — — — — — L------- I J/ r I I I I i --J ADMINISTRATION Regular Meeting Prosper Town Council January 8, 2007 - 6:00 p.m. To: Mayor and Town Council From: Matthew D. Denton, Town Secretary Xc: Mike Land, Town Administrator Re: Annexation of approximately 27.149 acres of land generally located +1600 north of Hwy 380 and east of Good Hope Road. Description: Forest City Land Group has submitted a petition for the voluntary annexation of approximately 27.149 acres of land generally located +1600 north of Hwy 380 and east of Good Hope Road. Staff will prepare a service plan and schedule the two public hearings to receive input on the annexation of the property. The hearings are tentatively scheduled for February 12, 2008 and February 26, 2008. Recommendation: Staff recommends that Council accept the petition for annexation. Agenda Item No. 4d - Page 1 of 1 R „, Z 3 a4II$g4$g4gi4$g9$q4$44$$$$4$g$9$➢g$4g$$g$9194g9$!$§h9II$9� �O93935333553d355g539993935339539i93533$9$ g I g g d'y9ss��9egag9a985959539i9gin 999g39iIII 5339si934I43I9g99i935999 Z---------------- 1 ------ I , I , I I , I yy L- - - - - - - - -I I 5 I r-- I �9 `m i � I J ISPER OWN OF To: Mayor and Town Council From: Matthew D. Denton, Town Secretary Xc: Mike Land, Town Manager ADMINISTRATION Regular Meeting Prosper Town Council January 8, 2008 - 6:00 p.m. Re: Annexation of approximately 10.0141 acres of land generally located 3700+ feet east of Coit and 1840+ feet north of E. First Street. Description: Council accepted the petition for the voluntary annexation of approximately 10.0141 acres of land located 3700+ feet east Coit and 1840+ feet north of E. First Street at their November 27, 2007 meeting. This is the first of two public hearings required to annex the property. Following is a service plan for the property. Recommendation: Staff recommends that Council receive any input at the public hearing. Following the public hearing, no Council action is required. Agenda Item No. 6 jss x? Hill $ zz o Una"&� £tl @$ S�$s2 F _ffi °�a�s33°a�3 € $. 8�88nss F' Hit 5 °'�E_ b $R1R .E 3'�- E`5&�@a g��l U nips£ S ;1I ` s 11 EE g1E E � g8➢._pa.$ ; $�8�8fi88gfl8�8$Z nggfis P 3eweow �€ SHIM E F1°ws 13 N° 333 Sn � � � EsE R°�sg-�-'�PE�����$�'��6�a �e aeo'�5a a u¢l 's cI^�a ���ra_a a+„r�+7-Kd�-s=_yag=�3:x aawaaaaaaw 85e z APs�°�'$u Bj,S'os 333wu w"d��8dwe7�v17� L^Sx:���3 }6 }J et �E� 3V3 :sag=g$kuryW=��: will �a :z lsasaia � i i .` -------- TOWN OF PROSPER, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE: NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: SURVEY, ABSTRACT & COUNTY: CURRENT PROPERTY OWNER: 08-xx February 12, 2008 Approximately 10.0141 acres Spencer Graham Survey, Abstract 359, Collin County LandPlan Development Corporation MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR ON BEHALF OF THE TOWN OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: A. POLICE SERVICE 1. PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES, WITHIN THE LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE PROVIDED UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF POLICE SERVICE WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. B. FIRE SERVICE 1. FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE PRESENT PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE DEPARTMENT, WITHIN THE LIMITS OF AVAILABLE WATER AND DISTANCES FROM THE EXISTING FIRE STATION, WILL BE PROVIDED TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF FIRE AND EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. ENFORCEMENT OF THE TOWN'S ENVIRONMENTAL HEALTH ORDINANCE AND REGULATIONS, INCLUDED BUT NOT LIMITED TO WEED AND BRUSH ORDINANCES, JUNKED AND ABANDONED VEHICLE ORDINANCE, AND ANIMAL CONTROL ORDINANCES, SHALL BE PROVIDED WITHIN THIS AREA 60 DAYS TO THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. THESE ORDINANCES AND REGULATIONS WILL BE ENFORCED THROUGH THE USE OF EXISTING PERSONNEL. 2. INSPECTION SERVICES, INCLUDING THE REVEIW OF BUILDING PLANS, THE ISSUANCE OF PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING, MECHANICAL, AND ELECTRICAL WORK TO ENSURE COMPLIANCE WITH TOWN CODES AND ORDINANCES WILL BE PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. EXISTING PERSONNEL WILL BE USED TO PROVIDE THESE SERVICES. 3. THE TOWN'S ZONING, SUBDIVISION, SIGN, AND OTHER ORDINANCES SHALL BE ENFORCED IN THIS AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. ALL INSPECTION SERVICES FURNISHED BY THE TOWN OF PROSPER, BUT NOT MENTIONED ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT PERSONNEL WILL BE PROVIDED TO FURNISH THIS AREA THE SAME LEVEL OF ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES AS ARE FURNISHED THROUGHOUT THE TOWN. D. PLANNING AND ZONING SERVICES THE PLANNING AND ZONING JURISDICTION OF THE TOWN WILL EXTEND TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. TOWN PLANNING WILL THEREAFTER ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE PLAN. E. PARK AND RECREATION SERVICES 1. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND RECREATIONAL SERVICES, FACILITIES, AND SITES THROUGHOUT THE TOWN, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. ADDITIONAL FACILITIES AND SITES TO SERVE THIS PROPERTY AND ITS RESIDENTS WILL BE ACQUIRED, DEVELOPED, AND MAINTAINED AT LOCATIONS AND TIMES PROVIDED BY APPLICABLE PLANS, POLICIES AND PROGRAMS AND DECISIONS OF THE TOWN OF PROSPER. THIS PROPERTY WILL BE INCLIDED IN ALL FUTURE PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. 3. THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. THE SAME LEVEL OF PARKS AND RECREATION SERVICES SHALL BE FURNISHED TO THIS PROPERTY AS IS FURNISHED THROUGHOUT THE TOWN. 4. EXISTING PARKS, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES WITHIN THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY THE TOWN, BE MAINTAINED AND OPERATED BY THE TOWN OF PROSPER, BUT NOT OTHERWISE. F. SOLID WASTE COLLECTION I. SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN ACCORDANCE WITH EXISTING TOWN POLICIES, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. RESIDENTS OR COMMERCIAL USERS OF THIS PROPERTY UTILIZING PRIVATE COLLECTION SERVICES AT THE TIME OF ANNEXATION MAY CONTINUE TO DO SO IN LIEU OF RECEIVINH CITY SERVICES UNTIL THE SECOND ANNIVERSARY OF THE EFFECTIVE DATE OF THIS ORDINANCE. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE ON THIS PROPERTY, AND POPULATION DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE COLLECTION SHALL BE PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH THE CURRENT POLICIES OF THE TOWN AS TO FREQUENCY, CHANGES AND SO FORTH. G. STREETS 1. THE TOWN OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET MAINTENANCE, APPLICABLE THROUGHOUT THE ENTIRE TOWN, SHALL APPLY TO THIS PROPERTY BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. UNLESS A STREET WITHIN THIS PROPERTY HAS BEEN CONSTRUCTED OR IS IMPROVED TO THE TOWN'S STANDARDS AND SPECIFICATIONS, THAT STREET WILL NOT BE MAINTAINED BY THE TOWN OF PROSPER. 2. AS DEVELOPMENT, IMPROVEMENT OR CONSTRUCTION OF STREETS TO TOWN STANDARDS COMMENCE WITHIN THIS PROPERTY, THE POLICIES OF THE TOWN OF PROSPER WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON COMPLETION, AND MAINTENANCE AFTER COMPLETION, SHALL APPLY. 3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE TOWN OF PROSPER AS IS PROVIDED TO TOWN STREETS THROUGHOUT THE TOWN. 4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO TOWN STANDARDS SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT POLICIES. H. WATER SERVICES 1. CONNECTION TO EXISTING TOWN WATER MAINS FOR WATER SERVICE FOR DOMESTIC, COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION TO EXISTING MAINS, WATER WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, WATER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 '2') YEARS FROM THE DATE OF ADOPTION OF THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A SUBDIVISION WITHIN THIS PROPERTY, WHICHEVER OCCURS LATER. 3. WATER MAINS INSTALLED OR IMPROVED TO TOWN STANDARDS WHICH ARE WITHIN THE ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE TOWN OF PROSPER BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. THEIR OWNERS, IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHOUT THE TOWN, SHALL MAINTAIN PRIVATE WATER LINES WITHIN THIS PROPERTY. I. SANITARY SEWER SERVICES 1. CONNECTIONS TO EXISTING TOWN SANITARY SEWER MAINS FOR SANITARY SEWAGE SERVICE IN THIS AREA WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION, SANITARY SEWAGE SERVICE WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. 2. SANITARY SEWAGE MAINS AND/OR LIFT STATIONS INSTALLED OR IMPROVED TO TOWN STANDARDS, LOCATED IN APPROVED DEDICATED EASEMENTS, AND WHICH ARE WITHIN THE ANNEXED AREA AND ARE CONNECTED TO TOWN MAINS WILL BE MAINTAINED BY THE TOWN BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. PRIVATE SEWER LINES SHALL BE MAINTAINED BY THE OWNERS THEREOF IN ACCORDANCE WITH EXISTING TOWN POLICIES, PRACTICES AND REGULATIONS. 3. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SANITARY SEWER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE TOWN ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THE EXTENSIONS SHALL BE IN ACCORDANCE WITH APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 1 2) YEARS FROM THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, UNLESS THE SERVICES CANNOT BE REASONABLY PROVIDED IN THAT PERIOD, THEN TOWN SHALL PROPOSE A SERVICE SCHEDULE TO PROVIDE FOR THE PROVISION OF THE SERVICES WITHIN FOUR AND ONE- HALF (4-1'2) YEARS AFTER THAT DATE. J. MISCELLANEOUS 1. ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND UTILIZED BY THE TOWN OF PROSPER IN PROVIDING SERVICES TO THE AREA WILL BE MAINTAINED BY THE TOWN COMMENCING UPON THE DATE OF USE OR UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, WHICHEVER OCCURS LATER. 2. GENERAL MUNICIPAL ADMINISTRATION AND ADMINISTRATIVE SERVICES TO THE TOWN SHALL BE AVAILABLE TO THE ANNEXED AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 3. NOTWITHSTANDING ANYTHING SET FORT ABOVE, THIS SERVICE PLAN DOES NOT REQUIRE ALL TOWN SERVICES BE PROVIDED AS SETFORTH ABOVE IF DIFFERENTCHARACTERISTICS OF TOPOGRAPHY, LAND USE AND POPULATION DENSITY ARE CONSIDERED A SUFFICIENT BASIS FOR PROVIDING DIFFERENT LEVELS OF SERVICE. 4. THE SERVICE PLAN IS VALID FOR TEN (10) YEARS FROM THE EFFECTIVE DATE OF THE ORDINANCE. f P TOWN ER To: Mayor and Town Council From: Matthew D. Denton, Town Secretary Xc: Mike Land, Town Manager ADMINISTRATION Regular Meeting Prosper Town Council January 8, 2008 - 6:00 p.m. Re: Annexation of approximately 10.85 acres of land generally located north of Prosper Trail and west of Custer Road. Description: Council accepted the petition for the voluntary annexation of approximately 10.85 acres of land located north of Prosper Trail and west of Custer Road at their November 27, 2007 meeting. This is the first of two public hearings required to annex the property. Following is a service plan for the property. Recommendation: Staff recommends that Council receive any input at the public hearing. Following the public hearing, no Council action is required. Agenda Item No. 7 non rc 1 \ O OOD Dz W I: m 20 rNn On n zoz mA m ON Z N z m z�x" �z o vm n n Nm<O on N 2 iD rn^� xr y z �mn n n pmcF ZA n n a � ff z m n rz r VOLUME 2211, PAGE 930 n z Im ^ W 2 n Z N !^'i O r o m mm m N r O r rzi n ^ x 1 A A"off z O NxNG I -� Ca'1 Z' 2Nnr f1 r Oo x NC N A c NNlx'1 2 D m �X x? Z? N m N rnN D " "N ZV NN^^ Z z �!A'1 !n'1 !nn 'Inmy n -OW Wnr" Nmw QOrO 0 < C J S Z 10 < m o m D 'nm Zm I n N�a n� N d c y ^ CI m = mm'v IV f D n � A I r C n f 0 �O1 \YJ= Z N n r • xr m n f fZ'1 n ^ Q rD II CD A O N N OD o n A 0 n x � xD Ll o n\\ O c I onm nP nzm x !�o N D 21 ao m � P z n p• A 6 n m A W n o p a I n az x" o r rai n A r N ^ c z O ^ cy o O r�i n m O o y r^ zC, - *10 0 NN 0, ^ =m rt m vN D ri A/�z - e i � Z' N O D FARM ROAD NO. 2478 � ' ° S s $�. " _ S o n-m an vm n ^ VOLUME 529, PAGE 611 fill pg a�. 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DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: SURVEY, ABSTRACT & COUNTY: CURRENT PROPERTY OWNER: 08-xx February 12, 2008 Approximately 10.85 acres George Horn Survey, Abstract 412, Collin County Lighthouse Christian Church MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR ON BEHALF OF THE TOWN OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: A. POLICE SERVICE PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES, WITHIN THE LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE PROVIDED UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF POLICE SERVICE WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. B. FIRE SERVICE 1. FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE PRESENT PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE DEPARTMENT, WITHIN THE LIMITS OF AVAILABLE WATER AND DISTANCES FROM THE EXISTING FIRE STATION, WILL BE PROVIDED TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF FIRE AND EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. ENFORCEMENT OF THE TOWN'S ENVIRONMENTAL HEALTH ORDINANCE AND REGULATIONS, INCLUDED BUT NOT LIMITED TO WEED AND BRUSH ORDINANCES, JUNKED AND ABANDONED VEHICLE ORDINANCE, AND ANIMAL CONTROL ORDINANCES, SHALL BE PROVIDED WITHIN THIS AREA 60 DAYS TO THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. THESE ORDINANCES AND REGULATIONS WILL BE ENFORCED THROUGH THE USE OF EXISTING PERSONNEL. 2. INSPECTION SERVICES, INCLUDING THE REVEIW OF BUILDING PLANS, THE ISSUANCE OF PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING, MECHANICAL, AND ELECTRICAL WORK TO ENSURE COMPLIANCE WITH TOWN CODES AND ORDINANCES WILL BE PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. EXISTING PERSONNEL WILL BE USED TO PROVIDE THESE SERVICES. 3. THE TOWN'S ZONING, SUBDIVISION, SIGN, AND OTHER ORDINANCES SHALL BE ENFORCED IN THIS AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. ALL INSPECTION SERVICES FURNISHED BY THE TOWN OF PROSPER, BUT NOT MENTIONED ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT PERSONNEL WILL BE PROVIDED TO FURNISH THIS AREA THE SAME LEVEL OF ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES AS ARE FURNISHED THROUGHOUT THE TOWN. D. PLANNING AND ZONING SERVICES THE PLANNING AND ZONING JURISDICTION OF THE TOWN WILL EXTEND TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. TOWN PLANNING WILL THEREAFTER ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE PLAN. E. PARK AND RECREATION SERVICES I. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND RECREATIONAL SERVICES, FACILITIES, AND SITES THROUGHOUT THE TOWN, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. ADDITIONAL FACILITIES AND SITES TO SERVE THIS PROPERTY AND ITS RESIDENTS WILL BE ACQUIRED, DEVELOPED, AND MAINTAINED AT LOCATIONS AND TIMES PROVIDED BY APPLICABLE PLANS, POLICIES AND PROGRAMS AND DECISIONS OF THE TOWN OF PROSPER. THIS PROPERTY WILL BE INCLIDED IN ALL FUTURE PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. 3. THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. THE SAME LEVEL OF PARKS AND RECREATION SERVICES SHALL BE FURNISHED TO THIS PROPERTY AS IS FURNISHED THROUGHOUT THE TOWN. 4. EXISTING PARKS, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES WITHIN THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY THE TOWN, BE MAINTAINED AND OPERATED BY THE TOWN OF PROSPER, BUT NOT OTHERWISE. F. SOLID WASTE COLLECTION I. SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN ACCORDANCE WITH EXISTING TOWN POLICIES, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. RESIDENTS OR COMMERCIAL USERS OF THIS PROPERTY UTILIZING PRIVATE COLLECTION SERVICES AT THE TIME OF ANNEXATION MAY CONTINUE TO DO SO IN LIEU OF RECEIVINH CITY SERVICES UNTIL THE SECOND ANNIVERSARY OF THE EFFECTIVE DATE OF THIS ORDINANCE. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE ON THIS PROPERTY, AND POPULATION DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE COLLECTION SHALL BE PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH THE CURRENT POLICIES OF THE TOWN AS TO FREQUENCY, CHANGES AND SO FORTH. G. STREETS I. THE TOWN OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET MAINTENANCE, APPLICABLE THROUGHOUT THE ENTIRE TOWN, SHALL APPLY TO THIS PROPERTY BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. UNLESS A STREET WITHIN THIS PROPERTY HAS BEEN CONSTRUCTED OR IS IMPROVED TO THE TOWN'S STANDARDS AND SPECIFICATIONS, THAT STREET WILL NOT BE MAINTAINED BY THE TOWN OF PROSPER. 2. AS DEVELOPMENT, IMPROVEMENT OR CONSTRUCTION OF STREETS TO TOWN STANDARDS COMMENCE WITHIN THIS PROPERTY, THE POLICIES OF THE TOWN OF PROSPER WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON COMPLETION, AND MAINTENANCE AFTER COMPLETION, SHALL APPLY. 3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE TOWN OF PROSPER AS IS PROVIDED TO TOWN STREETS THROUGHOUT THE TOWN. 4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO TOWN STANDARDS SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT POLICIES. H. WATER SERVICES 1. CONNECTION TO EXISTING TOWN WATER MAINS FOR WATER SERVICE FOR DOMESTIC, COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION TO EXISTING MAINS, WATER WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, WATER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 '-z) YEARS FROM THE DATE OF ADOPTION OF THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A SUBDIVISION WITHIN THIS PROPERTY, WHICHEVER OCCURS LATER. 3. WATER MAINS INSTALLED OR IMPROVED TO TOWN STANDARDS WHICH ARE WITHIN THE ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE TOWN OF PROSPER BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. THEIR OWNERS, IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHOUT THE TOWN, SHALL MAINTAIN PRIVATE WATER LINES WITHIN THIS PROPERTY. I. SANITARY SEWER SERVICES 1. CONNECTIONS TO EXISTING TOWN SANITARY SEWER MAINS FOR SANITARY SEWAGE SERVICE IN THIS AREA WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION, SANITARY SEWAGE SERVICE WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. 2. SANITARY SEWAGE MAINS AND.OR LIFT STATIONS INSTALLED OR IMPROVED TO TOWN STANDARDS, LOCATED IN APPROVED DEDICATED EASEMENTS, AND WHICH ARE WITHIN THE ANNEXED AREA AND ARE CONNECTED TO TOWN MAINS WILL BE MAINTAINED BY THE TOWN BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. PRIVATE SEWER LINES SHALL BE MAINTAINED BY THE OWNERS THEREOF IN ACCORDANCE WITH EXISTING TOWN POLICIES, PRACTICES AND REGULATIONS. 3. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SANITARY SEWER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE TOWN ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THE EXTENSIONS SHALL BE IN ACCORDANCE WITH APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 1:2) YEARS FROM THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, UNLESS THE SERVICES CANNOT BE REASONABLY PROVIDED IN THAT PERIOD, THEN TOWN SHALL PROPOSE A SERVICE SCHEDULE TO PROVIDE FOR THE PROVISION OF THE SERVICES WITHIN FOUR AND ONE- HALF (44 2) YEARS AFTER THAT DATE. J. MISCELLANEOUS I. ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND UTILIZED BY THE TOWN OF PROSPER IN PROVIDING SERVICES TO THE AREA WILL BE MAINTAINED BY THE TOWN COMMENCING UPON THE DATE OF USE OR UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, WHICHEVER OCCURS LATER. 2. GENERAL MUNICIPAL ADMINISTRATION AND ADMINISTRATIVE SERVICES TO THE TOWN SHALL BE AVAILABLE TO THE ANNEXED AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 3. NOTWITHSTANDING ANYTHING SET FORT ABOVE, THIS SERVICE PLAN DOES NOT REQUIRE ALL TOWN SERVICES BE PROVIDED AS SETFORTH ABOVE IF DIFFERENTCHARACTERISTICS OF TOPOGRAPHY, LAND USE AND POPULATION DENSITY ARE CONSIDERED A SUFFICIENT BASIS FOR PROVIDING DIFFERENT LEVELS OF SERVICE. 4. THE SERVICE PLAN IS VALID FOR TEN (10) YEARS FROM THE EFFECTIVE DATE OF THE ORDINANCE. IOSPER WN OF To: Mayor and Town Council From: Matthew D. Denton, Town Secretary Cc: Mike Land, Town Manager ADMINISTRATION Re: NTTA Nonexclusive Distribution Agreement Agenda Item• Consider and act upon 1) approval of a Nonexclusive Distribution Agreement with the North Texas Tollway Authority and 2) adopt a resolution authorizing the Town Manager to execute the same. (MD) Description of Agenda Item: Town staff was approached by the North Texas Tollway Authority and asked to become a Toll Tag distributor. There is no cost for the Town and the Town will receive $5 for each Toll Tag distributed. The procedures for issuing Toll Tags are listed in Exhibit B of the Agreement. There will be a small amount of staff time required to enter the applicant's information into the NTTA website. However, staff believes this will be a beneficial service to provide residents. Budget Impact• The Town will receive $5 per Toll Tag distributed. Legal Obligations and Review: The agreement has been reviewed and approved by the Town's attorney. Attached Documents: Nonexclusive Distribution Agreement Resolution Board. Committee and/or Staff Recommendation: Town staff recommends the Town Council approved the resolution authorizing the Town Manager to execute the Nonexclusive Agreement with the North Texas Tollway Authority. Item No. 9 Page 1 of 1 TOWN OF PROSPER, TEXAS RESOLUTION NO.08-xx A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A NONEXCLUSVE DISTRIBUTION AGREEMENT BETWEEN THE TOWN OF PROSPER AND THE NORTH TEXAS TOLLWAY AUTHORITY. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a Nonexclusive Distribution Agreement Between the Town of Prosper and the North Texas Tollway Authority. SECTION 2: Resolved by affirmative vote of the Town Council on the 8"' day of January, 2008. Charles Niswanger, Mayor ATTEST: Matthew Denton, TRMC Town Secretary NONEXCLUSIVE DISTRIBUTION AGREEMENT TABLE OF CONTENTS Page 1. GRANT.............................................................................................................................1 2. TERM................................................................................................................................1 3. DUTIES OF TOWN OF PROSPER..............................................................................1 3.1 Development of the Business...............................................................................1 3.2 Compliance with Issuing Procedures................................................................. 2 3.3 Advertising............................................................................................................2 3.4 Reports.................................................................................................................. 2 3.5 Service................................................................................................................... 2 3.6 Licensing............................................................................................................... 2 3.7 Payment for Lost Tags......................................................................................... 2 4. DUTIES OF THE AUTHORITY................................................................................... 3 4.1 Advice and Promotional and Technical Materials ........................................... 3 4.2 Materials and Tags.............................................................................................. 3 4.3 Payment to Town of Prosper............................................................................... 3 5. TRADEMARKS...............................................................................................................3 6. PAYMENTS.....................................................................................................................4 7. RELATIONSHIP OF THE PARTIES........................................................................... 4 8. CONFIDENTIAL INFORMATION.............................................................................. 4 9. INSPECTIONS................................................................................................................ 4 10. OWNERSHIP AND TRANSFER REQUIREMENTS ................................................. 5 10.1 Transfer by the Authority................................................................................... 5 10.2 Transfer by Town of Prosper.............................................................................. 5 10.3 Effect of Consent to Transfer.............................................................................. 5 11. TERMINATION..............................................................................................................5 11.1 Default...................................................................................................................5 11.2 Non-Default..........................................................................................................5 12. RIGHTS AND OBLIGATIONS UPON TERMINATION OF THE LICENSE.......................................................................................................................... 5 12.1 Payment of Amounts Owed................................................................................. 5 12.2 Compliance........................................................................................................... 5 12.3 Continuing Obligations....................................................................................... 6 12.4 Return of Tags...................................................................................................... 6 13. MISCELLANEOUS........................................................................................................6 13.1 Severability........................................................................................................... 6 13.2 No Waiver.............................................................................................................6 13.3 Cumulative Remedies.......................................................................................... 6 13.4 Applicable Law..................................................................................................... 6 13.5 Entire Agreement................................................................................................. 6 13.6 No Other Beneficiaries........................................................................................ 6 13.7 Construction......................................................................................................... 7 13.9 Counterparts........................................................................................................ 7 13.9 Notices................................................................................................................... 7 13.10 Sovereign Immunity......................................................................7 NONEXCLUSIVE DISTRIBUTION AGREEMENT THIS NONEXCLUSIVE DISTRIBUTION AGREEMENT (this "Agreement") made and entered into this _ day of 2007, between NORTH TEXAS TOLLWAY AUTHORITY, a regional tollway authority and political subdivision of the State of Texas (the "Authority") and TOWN OF PROSPER, ("Town of Prosper"). RECITALS: The Authority operates an electronic toll collection system (the "System") on its turnpike projects pursuant to a license agreement with Transcore Corporation ("Transcore"). In accordance with that license and other agreements, the Authority issues Tolltag® transponders (collectively, "Tags" or individually, a "Tag") to the traveling public for use in connection with the System. The parties have agreed that Town of Prosper shall have the nonexclusive right to issue Tags upon the terms set forth herein. Now, therefore, in consideration of the mutual promises made herein, the receipt and sufficiency of which are hereby acknowledged, the Authority and Town of Prosper agree as follows: 1. GRANT. Subject to the terms of this Agreement, the Authority grants to Town of Prosper the nonexclusive right to offer and issue Tags to its customers at the locations listed on Exhibit A attached hereto and incorporated herein. The Authority reserves the unrestricted right to grant other entities the right to offer and issue Tags on terms and conditions the Authority deems appropriate in any location, area or market. 2. TERM. The initial term of this Agreement shall be ten (10) years, commencing on the date first written above and terminating at Midnight on , 20_. This Agreement will automatically renew for two (2) additional three (3) year term(s), upon the same terms and conditions unless either party notifies the other, in writing, its intention not to renew this Agreement at least ninety (90) days prior to the expiration of the existing term. 3. DUTIES OF TOWN OF PROSER. 3.1 Development of the Business. Town of Prosper shall utilize reasonable efforts to promote, advertise, market and issue Tags. 3.2 Compliance with Issuing Procedures. In connection with the issuance of each Tag, Town of Prosper shall comply with the provisions set forth in this Agreement, including those contained in the form of "Procedures for Issuing Tags" attached hereto as Exhibit B (the "Procedures"). Without limiting the provisions of the Procedures, Town of Prosper shall furnish Tag applications to customers requesting same. Town of Prosper shall accept and review completed Tag applications and verify that (a) all required information has been provided in a complete and legible manner by the applicant, (b) the applicant holds a current driver's license and (c) the applicant has a valid credit card of a type accepted by the Authority and that the card is in the name of the applicant. Town of Prosper shall assign a Tag number to the applicant from Town of Prosper available inventory, said Tag numbers to be assigned in numerical sequence beginning with the lowest available number. Town of Prosper then shall transmit by facsimile the completed application to the Authority's Tag Store at the location designated in Section 13.9 below. Town of Prosper shall issue and deliver a Tag only after (x) the Tag Store transmits back to Town of Prosper the applicable account information and (y) Town of Prosper verifies the applicant's driver's license against the completed application. Town of Prosper then shall provide the Tag owner's kit to the applicant and shall instruct the applicant to read and follow the instructions contained therein. To the extent of any conflict between this Section 3.2 and the Procedures, the Procedures shall control. The Authority reserves the right to amend, supplement or supersede the Procedures at any time and, thereafter, Town of Prosper shall, within a reasonable time after receiving written notice of the same, comply with said amended, supplemented or superseding Procedures. If the Town of Prosper so chooses, a computer process available to the public in the designated location shall supplant the above facsimile process and the Authority will train Town of Prosper personnel in conducting such a process. 3.3 Advertising. Any advertising or marketing of Tags by Town of Prosper shall be in strict compliance with the Procedures, and all costs and expenses attributable thereto shall be the responsibility of Town of Prosper. 3.4 Reports. Town of Prosper shall maintain books and records of the issuance of Tags. Town of Prosper shall provide the Authority with weekly reports, in substantially the same form as set forth in Exhibit "C", attached hereto and incorporated herein for all purposes, reflecting such sales and other related information as the Authority may require, including weekly spread sheets from each store location indicating all Tags furnished by the Authority, all Tags issued, all Tags in inventory, and any lost or unaccounted for Tags. Such reports shall be submitted to the Authority at the address set forth in Section 13.10 no later than the loth day of the month for the preceding month's operations. 3.5 Service. Town of Prosper shall maintain high standards of service to all customers who purchase Tags and refrain from offering or issuing any Tags under circumstances that would reflect negatively on the Authority, the Tags or the System. 3.6 Licensing. Town of Prosper shall comply with all applicable federal, state and local laws, rules and regulations and timely obtain all licenses, certificates or permits, if any, required for the offer and sale of Tags. 3.7 Payment for Lost Tags. Town of Prosper shall pay the Authority $25.00 for each lost or unaccounted for Tag as provided in Section 4.2 below. 4. DUTIES OF THE AUTHORITY. 4.1 Advice and Promotional and Technical Materials. The Authority may, from time to time, provide Town of Prosper advice with respect to the promotion of Tags, as well as educational training updates at no cost to Town of Prosper, which Town of Prosper may use and/or follow in its sole discretion. The Authority may also make available reasonable quantities of brochures, and instructional and point of purchase materials as the Authority, in its sole judgment, deems appropriate. 4.2 Materials and Tags. The Authority shall, at its expense, make available to Town of Prosper the Tag applications and the Tag owner's kits. The Authority shall provide Tags to Town of Prosper in boxes of Tags. Upon receipt of Tags by Town of Prosper, Town of Prosper assumes responsibility for them unless and until said Tags are properly issued to customers or returned to the Authority in accordance with this Agreement. Town of Prosper shall pay the Authority $25.00 for each Tag that is lost or unaccounted for after receipt thereof by Town of Prosper, and before issuance to any customer, said payment to be made by the 10th day of the month next following the month in which Town of Prosper knew that the Tag was lost or unaccounted for. Town of Prosper shall promptly notify and pay the Authority with respect to all lost or unaccounted for Tags. To facilitate timely delivery of Tags, each store location shall contact the Tag Store and order additional Tags when said store has 20 or fewer Tags. Within five (5) business days following the termination of this Agreement, Town of Prosper shall return all un-issued Tags to the Authority, and all unreturned and un-issued Tags shall be conclusively deemed lost or unaccounted for, thereby unconditionally obligating Town of Prosper for the $25.00 per Tag payment described above. 4.3 Payment to Town of Prosper. The Authority shall pay to Town of Prosper $5.00 for each Tag account opened by Town of Prosper in compliance with this Agreement and the Procedures. The payment shall be made on the 10`h day of each month for the accounts opened in the preceding month by a single check to Town of Prosper, provided that Town of Prosper provides supporting information indicating the number of accounts opened by each store, as identified by store number. Within five (5) business days following the termination of this Agreement, the Authority shall be unconditionally obligated to pay Town of Prosper all outstanding amounts for accounts opened as provided herein. 5. TRADEMARKS. Town of Prosper acknowledges and agrees that Transcore and/or one of its affiliates is the owner of the trademark "Tolltag®" (the "Trademark"). Town of Prosper shall display and otherwise utilize the trademark in compliance with the Procedures. Without limiting the foregoing, Town of Prosper shall display in good taste and a dignified manner the Trademark for the sole purpose of informing customers that Town of Prosper issues Tags; provided, however, that Town of Prosper shall discontinue the display or use of the Trademark or change the manner in which the Trademark is displayed or used when requested, in writing, to do so by the Authority. Town of Prosper shall not disparage the Trademark. -3- 6. PAYMENTS. Town of Prosper shall make a reasonable effort to provide the Authority with a monthly request for payment and supporting information for all amounts owing pursuant to Section 4.3 not later than the 15`h day of each month. Town of Prosper's failure to provide the information as provided in this Section shall not excuse the Authority's obligation to tender the payment described in Section 4.3. The Authority shall be obligated to diligently process any and all requests for payment made by Town of Prosper, in accordance with this Section, which are not received by the 15`h day of each month. Under no circumstances shall the Authority remit payment to Town of Prosper for requested amounts after the loth day of the next succeeding month. M 7 "ICIRRIIM113-as1,ID&MR 1�.*] The parties acknowledge and agree that this Agreement does not create a fiduciary relationship between Town of Prosper and the Authority, that the relationship between Town of Prosper and the Authority is that of an independent contractor, and that nothing in this Agreement is intended to make either party a general or special agent, joint venture partner, franchiser, franchisee or employee of the other for any purpose whatsoever. Town of Prosper agrees to conspicuously identify itself in all dealings with customers, business personnel and others as an independent contractor distributing Tags pursuant to a nonexclusive agreement with the Authority. 8. CONFIDENTIAL INFORMATION. The Authority possesses, either by license or otherwise, certain unique confidential and proprietary information and trade secrets consisting of information, records, data, processes, methods, techniques, products and knowledge owned, developed, compiled or acquired by the Authority. Town of Prosper acknowledges that the Authority is the exclusive owner of such information. Town of Prosper shall use such information only in connection with the offer and issuance of Tags under this Agreement and shall maintain the absolute confidentiality of such information during and after the term of this Agreement. Without limiting the foregoing, Town of Prosper shall protect the confidentiality of all Tag records, account information, credit card information and other data and shall not disclose such records, information or data to any party other than authorized personnel of the Authority, unless disclosure of the information is required by law, statute or court order. 9. INSPECTIONS. To determine whether Town of Prosper is complying with this Agreement, the Authority shall have the right, at the Authority's sole cost and expense, at any reasonable time after providing three (3) business days advance written notice to Town of Prosper, to inspect and copy any books, records and documents of Town of Prosper relating to the issuance of Tags. -4- 10. OWNERSHIP AND TRANSFER REQUIREMENTS. 10.1 Transfer by the Authority. This Agreement is fully transferable by the Authority and shall inure to the benefit of any person or entity to whom it is transferred, or to any other legal successor to the Authority's interest in this Agreement. 10.2 Transfer by Town of Prosper. Town of Prosper understands and acknowledges that the rights and duties created by this Agreement are personal to Town of Prosper and that the Authority has entered into this Agreement in reliance on Town of Prosper character, skill, aptitude, attitude, business ability and financial capacity. Accordingly, this Agreement may not be transferred without the Authority's prior written approval. Any transfer that is made without the Authority's prior written approval shall constitute a breach of this Agreement and shall convey no interest. 10.3 Effect of Consent to Transfer. Any transfer of this Agreement as provided in this Section shall not constitute a waiver of any claims either party may have against the other, nor shall it be deemed a waiver of either party's right to demand exact compliance with any of the terms or conditions of this Agreement by any transferee. 11. TERMINATION. 11.1 Default. This Agreement shall terminate if a party fails to correct its noncompliance with any provision of this Agreement within five (5) business days after receipt of written notice of said noncompliance from the other party. 11.2 Non -Default This Agreement shall terminate upon thirty (30) days prior written notice by either party to the other party of its intent to terminate this Agreement for any reason. 12. RIGHTS AND OBLIGATIONS UPON TERMINATION OF THE LICENSE. 12.1 Payment of Amounts Owed. The Authority and Town of Prosper each agree to pay within ten (10) business days after the effective date of termination of this Agreement all amounts owed to the other party that are then unpaid. 12.2 Compliance. Town of Prosper agrees that immediately upon the termination of this Agreement, Town of Prosper shall: (a) Cease to directly or indirectly at any time identify Town of Prosper or any business with which Town of Prosper is associated as being authorized to issue Tags; (b) not use the Trademark or any colorable imitation of the Trademark in any manner or for any purpose, or use for any purpose any other commercial symbol that suggests or indicates an association or continuing contractual relationship with the Authority, except as required by law, statute or court order; and (c) not interfere with the new or ongoing issuance of Tags elsewhere. -5- 12.3 Continuing Obligations. All obligations of this Agreement which expressly or by their nature survive the expiration, termination or transfer of this Agreement shall continue in full force and effect after and notwithstanding its expiration, termination or transfer until such are satisfied in full or by their nature expire. 12.4 Return of Tags. Upon termination of this Agreement for any reason, Town of Prosper shall, within a reasonable time, return to the Authority, at the location designated in Section 13.9 below, all materials provided by the Authority relating to Tags. 13. MISCELLANEOUS. 13.1 Severability. Each provision of this Agreement is deemed to be severable and independent of any other provisions. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 13.2 No Waiver. . If, at any time, either party does not exercise a right or power available to that party under this Agreement, or as allowed by law, or does not insist on the other party's strict compliance with the terms of this Agreement, or if there develops a custom or practice which is at variance with the terms of this Agreement, neither party shall be deemed to have waived any right to demand exact compliance with any of the terms of this Agreement at a later time upon written notice to the other. Similarly, either party's waiver of any particular breach or series of breaches under this Agreement, shall not affect either party's right to enforcement with respect to any later breach. It shall also not be deemed to be a waiver of any breach of this Agreement for either party to accept payments which are due to it under this Agreement. 13.3 Cumulative Remedies. The rights and remedies specifically granted by this Agreement to either party shall not be deemed to prohibit either party from exercising any other right or remedy provided under this Agreement or permitted by law or equity. 13.4 Applicable Law. THIS AGREEMENT SHALL BE INTERPRETED AND CONSTRUED UNDER TEXAS LAW AND EXCLUSIVE VENUE SHALL LIE IN COLLIN COUNTY, TEXAS. THE OBLIGATIONS REQUIRED TO BE PERFORMED UNDER THIS AGREEMENT ARE PERFORMABLE IN COLLIN COUNTY, TEXAS. 13.5 Entire Agreement. This Agreement, including introduction, the Procedures and all other exhibits to it, constitutes the entire agreement between Town of Prosper and the Authority, and there are no other oral or written understandings or agreements between Town of Prosper and the Authority concerning the subject matter of this Agreement. Except as expressly provided otherwise in this Agreement, this Agreement may be modified only by written agreement signed by both Town of Prosper and the Authority. 13.6 No Other Beneficiaries. The Authority shall not, because of this Agreement, be liable to any person or legal entity who is not a party to this Agreement, and no other party shall have any rights because of this Agreement. -6- 13.7 Construction. All headings of the various Articles and Sections of this Agreement are for convenience only and do not affect the meaning or construction of any provision. All references in this Agreement to masculine, neuter or singular usage shall be construed to include the masculine, feminine, neuter or plural usages wherever applicable. The language of this Agreement will in all cases be construed in accordance with its fair meaning and not strictly for or against the Authority or Town of Prosper. 13.8 Counterparts. This Agreement may be executed in counterparts, each of which will be an original and all of which will constitute but one and the same instrument. 13.9 Notices. Any and all notices required or permitted under this Agreement shall be in writing and shall be personally delivered or mailed by expedited delivery service or certified or registered mail, return receipt requested, first-class postage prepaid, or sent by prepaid facsimile (provided that the sender confirms the facsimile by sending an original confirmation copy thereof by certified or registered mail or expedited delivery service within three days after transmission thereof) to the respective parties at the following addresses unless and until a different address has been designated by written notice to the other parties: Notices to the Authority: Notices to Town of Prosper: North Texas Tollway Authority Attn: Executive Director P.O. Box 260729 Plano, Texas 75026 Town of Prosper Attn: Town Manager 121 W. Broadway P.O. Box 307 Prosper, Texas 75078 Any notice shall be deemed to have been given at the time of personal delivery or, in the case of expedited delivery service, upon receipt or, in the case of registered or certified mail, three days after the date and time of mailing and any notice given hereunder by facsimile shall be deemed to have been given upon receipt thereof. 13.10 Sovereign Immunity. The parties agree that Town of Prosper has not waived its sovereign immunity by entering into and performing the obligations set forth in this Agreement. -7- The parties now execute and deliver this Agreement as of the date first written above. THE TOWN OF PROSPER NORTH TEXAS TOLLWAY AUTHORITY By: Name: Title: By: Name: Title: -8- EXHIBIT "A" LOCATIONS ISSUING TAGS Town of Prosper, TX In EXHIBIT "B" PROCEDURES FOR ISSUING TAGS NTTA will provide a web link specifically for your location (this should be saved under your "favorites"). URL: httr)s://csc.ntta.ora/ThirdPa&/ An NTTA representative will come out to your location to train employees on the process of issuing TollTags. 14. PROCEDURES FOR ISSUING TAGS • Customer must fill out the application and gives it to the employee. • Employee will go onto the internet site and sign in (each employee will be given a user name and password from the NTTA IT Department). • Employee must verify the Driver License and Credit Card information. • Employee will enter the information below. o Name o Address o Phone Number o Email Address (if provided) • Employee must ask the customer "how patron heard about To11Tag program". • Employee will choose the appropriate option and click save. • Next screen employee will enter the Credit Card information and billing address. • Click Save. • Next screen enter the vehicle information below for each vehicle listed. o License Plate Number o Year o Color o Make and Model o DNT Number (Located on the To11Tag) • Make sure appropriate To11Tag is entered for each vehicle. • Clicks save. • Click view transaction. • Next screen will show all of the information. • Click Check Out. • Print the next screen and give it to the customer along with the To11Tag (inside the metallic bag) and Starter Kit. 67318 53839 DALLAS 758082 2 -to- EXHIBIT "C" June 30, 2005 Effective June 30, 2005 the following procedure needs to be followed when issuing a TollTag: • In the case that an application is filled out by a customer, the completed application needs to be locked in a secure location. Once per month an NTTA representative will be coming out to each branch to pick up the completed applications. This is a security procedure that will protect the customer as well as your branch. If you have any questions, please call Joni Williams at 214-461-2088 or Neesh Sharma at 214- 461-2053. Thank you, North Texas Tollway Authority 503844.v 1 -11- iSPER Public Works OWN OF To: Mayor and Town Council From: Frank E. Jaromin, P.E., Director of Public Works CC: Mike Land, Town Manger Re: Town Council Meeting Date: January 8, 2008 Agenda Item: Consider and act upon Change Order number 2 to include $38,804.20 dollars of paving improvements in Collin Green to Collin Court and approve a resolution authorizing the Town Manager to execute the same. Description of Agenda Item: On July 24, 2007 Council approved the Prosper Road Improvement Project 2007 to JRJ Paving for Concrete paving at $444,874. Originally staff was preparing to perform the concrete replacement at Rheas Mills but due to unexpected work load JRJ was asked to complete this in place of staff. Staff was able to pave an additional 850 If of Collin Court leaving 470 If remaining. To complete Collin Court and the Cul-de-sac an additional 1,130 square yards of paving is required. Staff is requesting Council to approve change order number 2 for $38,804.20. Budget Impact: The total cost of the requested change order is $38,804.20 for concrete paving, will be funded from the 2006 CO Bonds. Legal Obligations and Review: The contract is a standard construction contract previously approved by the Town Attorney. Attached Documents: The following documentation is being provided for review: • Change Order Number 2 • Resolution authorizing the Town Manager to execute the agreement Board. Committee and/or Staff Recommendation: Town staff recommends that the Town Council approve Change Order number 2 to JRJ Paving for $38,804.20 for the Prosper Road Improvement Project 2007, adding Collin Court to the Street Improvements and approve a resolution authorizing the Town Manager to execute the same. Agenda Item No. 10 - Page 1 of 1 Change Order No.:2 Dated 1/03:2008 Page 1 CHANGE ORDER 2 PROJECT: TOWN OF PROSPER- Prosper Road Improvement Project 2007 CONTRACT AMOUNT: $ 468,817.60 CONTRACT DATE: September 17, 2007 Date: January 3, 2008 ENGINEER: Town of Prosper 601 West Fifth Street Prosper TX 75078 You are directed to make the changes noted below in the subject Contract: Town of Prosper Owners Signature: By: Mike Land, Town Manager Dated: NATURE OF CHANGES: Increase concrete paving (Collin Court) 1,130 sy $34.34 $ 38,804.20 Total $ 38,804.20 These changes result in the following adjustment of Contract Price and Contract Time: Contract Price Prior to this Change $ 468,817.60 Net Increase Resulting from this Change Order: $ 38,804.20 Current Contract Price including this Change Order: $ 507,621.80 CADOCUMENTS AND SETTINGSWDENTON\I.00AL SETTINGS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK•.I WMEYLFO\CHANGE ORDER 2.DOC Change Order No.:2 Dated 1/03/2008 Page 2 The Above Changes are approved for Submittal to Town Council: Director of Public Works: By: Dated: JRJ Paving By: Dated: CADOCUMENTS AND SETTINGS\MDENTON\LOCAL SETTINGMTEMPORARY INTERNET FILEMCONTENT.OUTLOOKA WMEYLFO\CHANGE ORDER 2.DOC TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A CHANGE ORDER AGREEMENT FOR CONSTRUCTION SERVICES FOR PROSPER ROAD IMPROVEMENT PROJECT 2007, WITH JRJ PAVING, LP, AND THE TOWN OF PROSPER. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a change order number 1 for construction services for the Town of Prosper Road Improvement Project, between JRJ Paving LP, and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 8th day of January, 2008. Mike Land, Town Manager ATTEST TO: Matthew Denton Town Secretary p TOWN SPER To: Mayor and Town Council From: Wade Harden, Senior Planner PARKS $ RECREATION Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Folsom Field Change Order #1 Date: January 2, 2008 Agenda Item: Consider and possibly act upon 1) an amendment to the La Terra Studio design and construction contract, increasing the contract amount by $3,300 to include the design and engineering of sports field lighting and 2) approve a resolution authorizing the Town Manager to execute the changes. Description of Agenda Item: During the November 29, 2007 PARBd meeting, the Board directed Staff to negotiate a change of scope with La Terra Studio, Inc. to include the lighting of sports fields on the Folsom Park project. The Consultant submitted a cost of $3,300 per field for the design and construction plans with a construction estimate of approximately $100,000 per field. Should the Town Council choose to follow the PARBd's recommendation below, total contract amount would increase from $32,400 to $35,700. Budget Impact: The Collin County grant will be used to at a 50/50 match for the construction costs. A pending grant with TPWD, if approved, would provide the remaining 50% match for the construction. If the TPWD grant is not approved the Town will use a portion of Bond Funds to leverage the additional cost with the Collin County grant. Legal Obligations and Review: No legal review of this request by the Town's attorney is required. Attached Documents: Email from La Terra Studio sent December 11th, 2007. Folsom Park Concept Plans C. Park Board Recommendation: The Town Parks Board (PARBd) recommends the Town Council approve the change of scope to the La Terra Studios design & construction documents contract to allow for the lighting design of the Under 16 / Under 19 soccer field with a total dollar amount not to exceed $3,300. Agenda Item No. 11 - Page 1 of 3 Town Staff Recommendation: Staff recommends the Council approve the Change Order #1 as presented, increasing the contract by $3,300 to a total of $35,700. From: Michael Black To: Wade Harden CC: Agenda Item No.11 - Page 2 of 3 Subject: Folsom Park - Lighting Estimate Date: Tue 12'11/2007 2:46 PM Wade, Based on talking with our Electrical Engineer whom specializes in Ball -field lighting, we can plan on the following cost: Design / Construction Documents One Field: $3,300 Two Fields: $6,600 Construction / Installation Cost: One Field: $100,000 Two Fields: $200,000 I hope this helps in your decision making. Let me know if you have any questions. Thanks, Michael michael black, asla 2109 commerce dallas, tx 75201 214.749.0333 mblackAlaterrastudio.com Is terra studio Agenda Item No. 11 - Page 3 of 3 viu.E oR[vE 4nej, n oe v+. :.t . +. a• 'may �-�jr1. �'.y,,�r ,. F.'s _.. _ n.� ,• -• 16, in,y ATHi i �.. t7 y'" I ''iI S. PAT OCK 1 Mo or q 10 r• /W�.:.. xaL •> }f U 6 ----; 19_�—a++.----- -1 A 1 � S ry f - I y� � ,yP • � � •,. . a•• n. , OROwro It I .- •`qua' uVn,��j �e • rCtC r.i F a y� ` ^ 1 /t j- 1��.,,A1 60' rJ `'�/'h.�d • �� i �. +1 `�.� .. : - � -'� I 1 ' _l. �('`n,. Mq U 6 y / Y11 � A T H so* PATH r z. a•: itYfir • •� 1 U 8 ��� r '•�'1r F 0 t 6 30 �5 6 00 I'QTP S_t oNSTAC.�4Y. t 1• , _.. SC�2N FEET 1' 30'-0• ror ro■ cQg►r Rvcnoa ��.1, \ � ' " \''•---{%� ORCEMBUR 2007 priSPERTOWN To: Mayor and Town Council From: Wade Harden, Senior Planner DEVELOPMENT SERVICES Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Establishment of a R.R. Crossing Quiet Zone (Prosper Trail Crossing) Date: January 2, 2007 Agenda Item: Consider and possibly authorize Town Staff to submit a Letter of Intent to Burlington Northern / Santa Fe Railroad (BNSF) to establish a new crossing quiet zone within the Town of Prosper. Description of Agenda Item: Town Staff has received requests to consider the establishment of railroad quiet zone at the Prosper Trail crossing. The crossing as constructed meets the Federal Railroad Administration's (FRA) minimum requirements for the establishment of a quiet zone. The first step in the establishment of this zone is to submit a letter of intent to the Burlington Northern / Santa Fe Railroad (BNSF), at which time a comment window will be open for BNSF to receive comments regarding the request. With a positive response upon the closing of the sixty (60) day comment period, Town Staff will submit a letter of notification to the appropriate State and Federal agencies and the quiet zone will be established no earlier than twenty-one (21) days following the notification. Budget Impact: None. Legal Obligations and Review: With the creation of the quiet zone as designed, the Town accepts responsibility for the maintenance of the non -traversable dividing barriers (medians). Attached Documents: Copy of the Letter of Intent to BNSF Railroad Town Staff Recommendation: Staff recommends that the Council direct staff to take the necessary steps to establish a railroad quiet zone at the Prosper Trail crossing. Agenda Item No. 12 - Page 1 of 1 P1OWN OF )SPER NOTICE OF INTENT January 9, 2008 Development Services 407 E. First Street Mailing: P.O. Box 307 Prosper, Texas 75078 (972) 346-3502 (972) 347-9006 (fax) Town of Prosper, Collin County, Texas is providing this Notice of Intent to inform you that a New Quiet Zone is being proposed on the B.N.S.F. railroad in Collin County, Texas. The purpose of this Notice is to provide an opportunity for railroads and State agencies to provide comments and recommendations to the public authority as it is planning the Quiet Zone. You will have sixty (60) days from the date of this Notice to provide these comments. The following is the public rail grade crossing within the proposed Quiet Zone. PROSPER TRAIL / PUBLIC RIGHT OF WAY Post l Oak Ct p` Fair es` Oaks Lin � a d9 � Proposed Quiet ZoneCrosxing n9 2 d p _rail as r at f r 06Zo m x EagieWy Prest0:lbteW � !� N Pas"wark tr High Point fir r CountrY 77 Greek Ln r � E t Creek E 7ihSSt View Dr Bradford or E6thSt dgewood Dr "t~ Prosper ESthSt a'6$ m p i t9 , E ar�Zjwi Sv J/ a 27991 S -V E 3rd St W tst; E 2nd St, S[ E tstSt - E-7 E First -St a +J High r \Nigow 4r Cedar Q /� a Sorinos of .*V The proposed time period for the New Quiet Zone is 24 hours. If we determine that safety improvements are necessary in order to meet the requirements of a New Quiet Zone, we intend to use Supplemental Safety Measures identified in Appendix A of the Final Rule (Appendix A to Part 222). We do not anticipate using Alternative Safety Measurer, nor do we anticipate having to construct or install any improvements on railroad property. As we proceed with the process of creating the New Quiet Zone, we will invite you to participate in the Diagnostic Team to assure your continued involvement in identifying appropriate safety measures. The contact person for the New Quiet Zone development process will be: Mike Land, Town Manager Town of Prosper 121 W. Broadway Prosper, TX 75078 (972) 346-2640 Mike_Land@prospertx.gov Sincerely, Mike Land Town Manager pTOWN ;ISPER To: Mayor and Town Council From: Wade Harden, Senior Planner PARKS & RECREATION Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Amendment to the Comprehensive Park Ordinance Date: December 3, 2007 Agenda Item: Consider and act upon adoption of an ordinance amending Section 4 E. of the Comprehensive Parks Ordinance. Description of Agenda Item: Section 4. E. of the Comprehensive Parks Ordinance requires the Town Council to appoint the Parks & Recreation Board's Chair and Vice -Chair. During the November 13, 2007 Town Council meeting Staff was directed to bring an amendment to the Council allowing the PARBd to appoint the Chair and Vice -Chair positions. Section 4 E. ChairNice Chair/Secretary/Quorum. The Parks & Recreation Board shall have a Chair, Vice -Chair and Secretary whose terms shall be one (1) year. The Chair, aW Vice -Chair, and Secretary shall be neminated-appointed by a majority vote of the Parks & Recreation Board and appointed by the Tewn G . The Secretary shall be Four (4) members of the Parks & Recreation Board shall constitute a quorum for transaction of business. Budget Impact: None. Legal Obligations and Review: No legal review of this request by the Town's attorney is required. Attached Documents: A copy of the Ordinance as Amended. Park Board Recommendation: The Town Parks Board (PARBd) recommends the Town Council adopt the ordinance as amended. Agenda Item No. 13 - Page 1 of 2 Town Staff Recommendation: Staff recommends that the Council adopt the attached ordinance as submitted. Agenda Item No.13 - Page 2 of 2 TOWN OF PROSPER, TEXAS ORDINANCE NO. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS; AMENDING SECTION 4 (E) OF THE COMPREHENSIVE PARKS ORDINANCE NO. 05.87; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS 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 ("Town Council") has investigated and determined that Ordinance No. 05-87 the Town of Prosper, Texas ("Prosper") should be amended; and WHEREAS, the Town Council found and determined that it will be advantageous, beneficial and in the best interest of the citizens of Prosper to amend Ordinance No. 05-87 as set forth below. TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, SECTION 1: Findings. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 05-87. Section 4 (E) is hereby amended to read as follows: E. Chair/Vice Chair/Secretary/Quorum. The Parks & Recreation Board shall have a Chair, Vice -Chair and Secretary whose terms shall be one (1) year. The Chair, Vice -Chair, and Secretary shall be appointed by a majority vote of the Parks & Recreation Board. Four (4) members of the Parks & Recreation Board shall constitute a quorum for transaction of business. SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 4: Severabili . If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 5: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of 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: Effective Date. This Ordinance shall become effective upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS DAY OF JANUARY, 2008. Charles Niswanger, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary iSPER OWN OF ADMINISTRATION Pl To: Mayor and Town Council From: Mike Land, Town Manager CC: Re: Town Council Meeting — January 8, 2008 Date: January 4, 2008 Agenda Item: Update and discussion on traffic safety issues at the intersection of US Highway 380 and La Cima Blvd. Description of Agenda Item: Recently there have been several accidents at the above referenced intersection, one resulting in a fatality. Staff has been in contact with Collin County and the Texas Department of Transportation regarding these accidents and what if any planned improvements are being considered for the intersection. The City of Frisco is responsible for patrolling and working all traffic related incidents including investigation for the area along 380 between 423 and Redbud. East of Redbud, the Town of Prosper works the west bound lane, McKinney works the east bound lane. At the intersection of 423, the Town of Prosper works the west bound lane from the NW quadrant of the intersection to 1385; Little Elm works the east bound lane from up to the SW quadrant of the intersection. With respect to EMS/Fire Services, both the Frisco FD and Prosper FD are dispatched for any accident along 380 between 423 and Redbud. Depending on the location the same policy is in effect for McKinney and Little Elm. In the majority of cases, Prosper arrives first at the accidents. If it is a minor accident and Prosper is already working it, Frisco releases, and vice versa. For a major accident, both FD's typically stay on scene supporting each other in different ways. I have attached the letter submitted to the State for their consideration of installing signal lights at the intersection. As I understand the process, the letter should be forwarded to the District Engineer by Mr. Johnston. From there the warrant study will need approval by the District Engineer. From the time of the approval, it will take in all probability at least 12 months for the study, design and installation of the signals, should they be warranted. Budget Impact: At this point there is no budgetary impact as a result of the Town's request to TxDot. If there are no funds available at TxDot for the warrant study, the Town may have to step in to get it done. A warrant study is estimated to cost approximately $20,000. Due to TxDot's financial status, the Agenda Item No. _ - Page 1 of 2 Town may be requested to do more such as the design. I do not have an estimate on that yet. The first step is getting the warrant study completed. Legal Obligations and Review: No legal review of this issue is required. Attached Documents: 1. Copy of letter from the Town to the TxDot requesting a warrant study be conducted. Town Staff Recommendation: This is a discussion item requiring not action to be taken by the Council. Agenda Item No. _ - Page 2 of 2 ISPER OWN OF P.O. Box 307 • 121 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 December 28, 2007 Mr. Ronald Johnston, P.E. Collin County Area Engineer Texas Department of Transportation 2205 SH 5 McKinney, Texas 75069 Re: Intersection of Hwy 380 and La Cima Blvd., Prosper, Texas Dear Mr. Johnston, As development and new home construction continues in the La Cima subdivision located in Prosper, Texas, the above referenced intersection has become a serious safety concern. Within this past week, there have been two accidents, one resulting in a fatality. I am aware that Hulon Webb contacted your office about this issue last week. In accordance with my discussion with Gus Khankarli this morning please let this letter serve as the Town's formal request that a traffic signal warrant study be conducted for the intersection of La Cima Blvd. and Hwy 380. The Town believes TxDot's immediate attention to this matter is required. It has been explained to me that the study, design and installation process could take between six and twelve months. If there is anything TxDot or the Town can do to expedite this process please let me know how I can help. Thank you for your attention to this very important matter. Sincerely, W Mike Land Town Manager Cc: Mayor and Town Council Hulon Webb, Development Services Director Frank Jaromin, Public Works Director Kirk McFarlin, Police Chief Ronnie Tucker, Fire Chief George Purefoy, City Manager, Frisco, Texas ;ISPER OWN OF ADMINISTRATION To: Mayor and Town Council From: Mike Land, Town Manager CC: Re: Town Council Meeting — January 8, 2008 Date: January 4, 2008 Agenda Item: Consider and act upon appointing a board member to the Upper Trinity Regional Water District Board of Directors. Description of Agenda Item: With the recent signing of the Upper Trinity contract, the Town is expected to appoint a board representative. There were two names nominated for the position, Chris Blair and Jerry Tidmore. Recall that the Town's representative must live in the District. Both Mr. Blair and Mr. Tidmore reside within the District. This appointment will be for a four year term running through May 31, 2001, and both have expressed a willingness to serve should either be appointed. Based on the contract, the Town does have the right to appoint an employee of the Town should the Council want to consider this option as well. The Town also has the right to remove their appointment from the board and reappoint another representative at any time for any reason. Budget Impact: There is no budgetary impact as a result of this action item. Legal Obligations and Review: No legal review of this issue is required. Attached Documents: 1. Resolution appointing either Chris Blair or David Tidmore as the Town's representative to the Upper Trinity Board. Town Staff Recommendation: Agenda Item No.'., . Page 1 of 1 TOWN OF PROSPER, TEXAS RESOLUTION NO. 08-xx A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY APPOINTING XXXX AS A BOARD MEMBER TO THE UPPER TRINITY REGIONAL WATER DISTRICT BOARD OF DIRECTORS. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION l: The Town of Prosper, Texas, hereby appoints xxxxx as the Town's representative on the Upper Trinity Regional Water District Board of Directors. SECTION 2: Resolved by affirmative vote of the Town Council on the 81h day of January, 2008. Charles Niswanger, Mayor ATTEST: Matthew Denton, TRMC Town Secretary