07.24.2007 Town Council Packet.01
TOWN OF-,-
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AGENDA
Regular Meeting of the Prosper Town Council
Prosper Middle School - Library
605 E. Seventh Street, Prosper, Texas
Tuesday, July 24, 2007 at 6:00 p.m.
1. Call to Order / Roll Call.
2. Invocation and Pledge of Allegiance.
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)
• July 10, 2007 —Regular Town Council Meeting
• July 17, 2007 —Special Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. Consider and act upon 1) a service agreement between the Town of Prosper and the Collin County
Child Abuse Task Force -amendment to Interlocal Agreement and 2) a resolution authorizing the
Mayor to execute the same. (KM)
c. Discuss appointment schedule and vacant positions on the Parks and Recreation Board,
Planning & Zoning Commission, Board of Adjustment, and Economic Development
Corporation. (MD)
d. Consider and act upon an Interlocal agreement between the Town of Prosper and the Prosper
Economic Development Corporation for the Cross Development. (KC)
e. Consider and act upon an ordinance for the voluntary annexation of approximately 6.419 acres of
land located in the Collin County School Land Survey, Abstract No.147, and being more generally
located on the southwest corner of Prosper Trail and N. Coleman. (MD)
f. Consider and act upon an ordinance for the voluntary annexation of approximately 24.296 acres of
land located in the Collin County School Land Survey, Abstract No.147, and being more generally
located south of First Street (CR 3) and 230+ feet east of the Dallas North Tollway. (MD)
g. An update on the Town's sports fields and/or the construction of future sports fields. (CC)
It. Review the Quarterly Investment Portfolio Summary for the quarter ending June 30, 2007 and
provide direction to Town staff regarding the various fund distribution. (RB)
FINANCIALS
i. Consider and act upon the financial statements ending June 30, 2007. (RB)
Page I of 3
PRESENTATIONS
5. Presentation on the Volunteer Center of North Texas - Collin County Center on Volunteerism.
6. Presentation of a proclamation proclaiming Tuesday, August 7, 2007 as "National Night Out" in Prosper,
Texas. (KM)
CITIZEN'S 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 Comments Form" and present it to the Town Secretary prior to the meeting.)
7. 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.)
PUBLIC HEARINGS
8. A public hearing to consider and act upon a request to rezone 24.3f acres, located on the southeast corner
of Dallas Parkway and First Street, from Single Family-15 (SF-15) and Agricultural (A) to Commercial
Corridor (CC). (Z07-13). (CC)
DEPARTMENT ITEMS
9. Consider and act upon 1) an award of bid to Four D Construction, hic., 2) enter into a contract agreement
with Four D Construction, Inc., regarding the construction services for the First Street 20" Waterline (Craig
Street to Coit Road) and 3) approve a resolution authorizing the Interim Town Manager to execute the
same. (HW)
10. Consider and act upon 1) an award of bid of Prosper Road Improvement Project 2007, 2) enter into a
contract agreement with Low bidder, regarding the construction services for Prosper Road Improvement
Project 2007 (First Street, Third Street, Sixth Street, Seventh Street and Collin Green) and 3) approve a
resolution authorizing the Interim Town Manager to execute the same. (FJ)
11. Hear and act upon a presentation of committee's report on life insurance for certain Police Department
employees. (KC)
EXECUTIVE SESSION
12. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit:
a. Section 551.087 to discuss economic development negotiations for the Custer Retail Project.
b. Section 551.087 to discuss economic development negotiations for the Blue Star Project.
C. Section 551.071 to meet with Town Attorney regarding a matter in which the duty of the Town
Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas conflicts
with the Open Meetings Act regarding the Bradford Farms/Steeplechase drainage issue.
13. Reconvene into regular session and take any action necessary as a result of the closed session.
14. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
15. Adjourn.
Page 2 of 3
evin Carrmh
Interim Town Manager
Note: The order in which items are heard on the agenda is subject to change.
CERTIFICATION
1, 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, July 6, 2007 at
5:00 p.m. and remained so posted at least 72 hours before said meeting was convened.
Denton, TRMC
Town Secretary
Date Noticed Removed
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 me 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) 347-211 L BRAILLE IS NOT AVAILABLE.
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Page 3 of 3
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TOWN OF
11
1. Call to Order / Roll Call.
The meeting was called to order at 6:1-1 p.m.
Roll call was taken by the Town Secretary.
Council present included: Mayor Charles Niswanger,
Pro -Tern Dave Turley, Kenneth Dugger, Kevin Drown, N
Staff present included: Kevin Carruth, Interim Town
Services; Chris Copple, Development and Parks Plann
Tucker, Fire Chief, Dan Tolleson, Executive Director
Matthew Denton, Town Secretary.
2. Invocation and Pledge of
The Invocation was given by Pastor David Beni
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements4
Deputy Mayor Pro -Tern
noon at Carmela's Winer}
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider am
• .Tune 26'>
dates and times of
MINUTES
Regular Meeting of the Prosper Town Council
Prosper Middle School- Library
605 E. Seventh Street, Prosper, Texas
Tuesday, July 10, 2007 at 6:00 p.m.
Tern Da
rth.and
Webb,
community events.
stol, Deputy Mayor
Church.
Ronnie
:m, and
was a new, Rotary Club meeting in Prosper on Tuesdays at
upon minutes from the following Council meetings. (MD)
—Regular Town Council Meeting
b. An update on the Town's sports fields and/or the construction of future sports fields.
(CC)
c. Consider and act upon an ordinance rezoning 39.1E acres located on the south side of
Prosper Trail, 1,500E feet east of Coleman Street to amend Planned Development-30
(Prosper Creek Estates). (Z07-11).
Page I of 5
Motioned by Councilmember Drown, seconded by Councilmember Smith to approve the consent agenda
subject to staff recommendations.
Motion approved 7-0.
5. Presentation of a Plaque of Appreciation for Lisa Dritschler.
Mayor Niswanger presented a plaque of appreciation to Lisa Dritschler for her years of service on the
council and to the Prosper community.
CITIZEN'S COMMENTS
6. Presentation by Preston Lakes Homeowners Association Concerning Drainage and Erosion
Issues on Grapevine Court and Bridgeport Drive. (KC)
Bruce Carlin, Preston Lakes HOA President, gave a
erosion issues along Grapevine Court and Bridgeport Dr
The following citizens spoke concerning drainage issues on
Niel McGregor — 880 Grapevine Court.
Diane Permentor — 860 Grapevine Coui
Quinn Harrington — 951 Bridgeport Dri
Mike Simmons — 971 Bridgeport Drive
Tom McCabe, owner and developer of the
questions for council.
Hulon Webb,
Bryan Ausenl
7. Othe
There were m
to council regarding drainage and
to the above citizen's property, answered
for council.
for council.
S. A public hearing to consider and act on the Town of Prosper Parks, Recreation, and Open
Space Master Plan. (CC)
Trent Lewis, Parks and Recreation Chair, gave council a presentation on the proposed plan.
Maureen Patin presented information about the proposed plan.
Francois de Kock, Halff Associates, answered questions for council.
Page 2 of 5
Motioned by Councilmember Smith, seconded by Deputy Mayor Pro -Tern Turley to open the public
hearing. Motion approved 7-0.
Mayor Niswanger opened the public hearing at 7:32 p.m.
Art Anderson, LandPlan, spoke against the proposed plan as written.
Eddie Collins, Goodman Land Advisors, spoke against the proposed plan as written.
Trey Sibley, The Rudman Partnership, spoke against the proposed plan as written.
Motioned by Councilmember Wadsworth, seconded by Deputy
public hearing. Motion approved 7-0.
Mayor Niswanger closed the public hearing at 7:54 p.m.
Council discussed at length the proposed plan and make
Motioned by Councilmember Wadsworth, seconded
first regular Town Council meeting in August.
Motion approved 7-0.
9. A public hearing to consider and act
the northeast corner of Fifth Street'a
to Industrial (1). (Z06-15) (CC)
Chris Copple, Development and Parks Planner,
be withdrawn.
Motioned by De
hearing. Motion
Mayor Ni
at
Turley to close the
to staff regarding the plan.
to table the item until the
request to rezone 15.3t acres of land located on
BNSF Railroad, from Single Family-15 (SF-15)
;d the council the applicant has requested the item
d by Councilmember Dogger to close the public
Motiori.by Councilmember Smith, seconded by Councilmember Wadsworth to accept the withdrawal of
the time. Motion approved 7-0.
10. Presentation of Service Plan and Second Public hearing to consider the voluntary
annexation of; approximately 6.419 acres of land located in the Collin County School Land
Survey, Abstract No.147, and being more generally located on the southwest corner of
Prosper Trail and N. Coleman. (NID)
Motioned by Deputy Mayor Pro -Tern Turley, seconded by Councilmember Dogger to open the public
hearing. Motion approved 7-0.
Mayor Niswanger opened the public hearing at 8:54 p.m.
There were no comments by the public.
Motioned by Councilmember Dugger, seconded by Council member Smith to close the public hearing.
Page 3 of 5
Motion approved 7-0.
11. Presentation of Service Plan and Second Public hearing to consider the voluntary
annexation of approximately 24.296 acres of land located in the Collin County School Land
Survey, Abstract No.147, and being more generally located south of First Street (CR 3)
and 230+ feet east of the Dallas North Tollway. (MD)
Motioned by Mayor Niswanger, seconded by Councilmember Smith to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 8:56 p.m.
There were no comments by the public.
Motioned by Deputy Mayor Pro -Tern Turley, seconded
hearing. Motion approved 7-0.
Mayor Niswanger closed the public hearing at 8:57 p.m.
DEPARTMENT ITEMS
12. Discuss and give direction regarding development of a
Kevin Carruth, Interim Town Manager, gave
Council discussed the
the ordinance.
ng oromance ana gave
close the public
(KC)
on this item.
to staff regarding development of
13. Consider and Aet on,a Resolution Suspending the Effective Date of a Proposal by ATMOS
Energy Corporation,, toImplement Interim GRIP Rate Adjustments, Authorizing
Participation with the ATMOS Cities Steering Committee, Authorizing Intervention in
Administrative and Court Proceedings, and Requiring Reimbursement of Ratemaking
Costs. (KC)
Town Manager, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Deputy Mayor Pro -Tern Turley to approve the
resolution.
Motion approved 7-0.
EXECUTIVE SESSION
14. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government
Code, to wit:
a. Section 551.087 to discuss economic development negotiations for the Custer Retail
Project.
b. Section 551.087 to discuss economic development negotiations for the Slue Star Project.
c. Section 551.074 to discuss the appointment and employment of a Town Manager.
Page 4 or 5
Council recessed into closed session at 9:17 p.m.
15. Reconvene into regular session and take any action necessary as a result of the closed
session.
Council reconvened into regular session at 9:52 p.m.
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Wadsworth to appoint Mike Land as
the Town's first Town Manager and approved a contract with Mike Land subject to the written changes
on the contract.
Motion approved 7-0.
16. Possibly direct Town Staff to schedule topic(s) for
Councilmember Wadsworth stated he wanted the follow
2007 Town Council meeting on the July 24°i council age
Deputy Mayor Pro -Tenn Turley asked that mosquito fogging be on a
17. Adjourn.
Motioned by Councilmember Drown, secondedby Deputy Mayor Pi
Motion approved 7-0.
Meeting adjourned at 9:55 p.m.
Attest
Matthew
Town Se
meeting.
19 from the June 26,
agenda.
Turley to adjourn.
Charles Niswanger, Mayor
Page 5 of 5
t�.
TOWN OF
P
1. Call to Order / Roll Call.
The meeting was called to order at 5:09 p.m.
Roll call was taken by the Town Secretary.
MINUTES
Special Called Meeting of the Prosper Town Council
Prosper Town Hall
121 W. Broadway Street, Prosper, Texas
Tuesday, July 17, 2007 at 5:00 p.m.
Council present included: Mayor Charles Niswanger, Mayor
Dave Turley, Kenneth Dogger, Mike Wadsworth, and Ray Smil
Mayor Pro-Tem
Staff present included: Kevin Carruth, Interim Town 'Manager; Hulon Webb, Director of Development
Services; Ronnie Tucker, Fire Chief, Dan Tolleson, Executive Director of the Economic Development
Corporation; Ron Butler, Business Manager; Gary McHone, Police Captain; Frank Jaromin, Public Works
Director; and Matthew Denton, Town Secretary.
2. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit:
a. Section 551.087 to discuss economic
b. Section 551.087 to discuss economic
Motioned by Councilmember Smith, seconded by
Motion approved 6-0.
Council recessed into
3. Reconvene into"regular session and take
Council reconvened into open session at 7:22 p.m.
for the Custer Retail Project.
for the Blue Star Project.
to recess into closed session.
necessary as a result of the closed session.
by Councilmember Smith to reconvene into regular session.
4. Hear and discuss presentation of the Town's FY 2006-2007 proposed budget.
Kevin Carruth, Interim Town Manager, gave council a presentation on the proposed budget. Information was
also presented by Ronnie Tucker, Frank Jaromin, Gary McHone, Ron Butler and Hulon Webb.
2. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to
wit:
a. Section 551.087 to discuss economic development negotiations for the Custer Retail Project.
b. Section 551.087 to discuss economic development negotiations for the Blue Star Project.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to recess back into closed
session. Motion approved 6-0.
3. Reconvene into regular session and take any action necessary as a result of the closed session.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to approve a Chapter Economic
Development Program Agreement with Cross Development and authorize the Mayor to execute the same.
Motion approved 5-1. Councilmember Turley abstained from the vote.
5. Adjourn.
Motioned by Councilmember Wadsworth, seconded by Councilmember Dogger to adjourn.
Motion approved 6-0.
The meeting was adjourned at 10:10 p.m.
Attest:
Matthew D. Denton, TRMC
Town Secretary
ADMINISTRATION
TOWN OF
.UrL, R
To: Mayor and Town Council
From: Gary McHone, Captain
Cc: Kevin Caruth, Interim Town Manager
Re: Town Council Meeting — July 24, 2007
Date: July 19, 2007
Agenda Item:
Consider and act upon 1) a service agreement between the Town of Prosper and the Collin
County Child Abuse Task Force -amendment to Interlocal Agreement and 2) a resolution
authorizing the Mayor to execute the same.
Description of Agenda Item:
Amendment to the current Interlocal agreement between the Town of Prosper and the Collin
County Child Abuse Task Force that will extend the current agreement for a (1) one year period
with the current rate. This rate will be held firm until the Census of 2010.
Budget Impact:
There will be no impact on the budget. We currently pay a fee yearly for the interlocal
agreement and the amended agreement will keep the fee amount the same.
Legal Obligations and Review:
Legal has reviewed and approved the proposed rules.
Attached Documents:
Service agreement for the Collin County Child Abuse Task Force
Board Committee and/or Staff Recommendation:
Town staff recommends that the Town Council approve 1) the service agreement between the
Town of Prosper and the Collin County Child Abuse Task Force and 2) the resolution
authorizing the Mayor to execute the same.
Agenda Item No. 4b
TOWN OF PROSPER, TEXAS
RESOLUTION NO.07-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY AUTHORIZING THE MAYOR OF THE TOWN OF PROSPER, TEXAS, TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF PROSPER,
TEXAS AND COLLIN COUNTY CHILD ABUSE TASK FORCE
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: The Mayor of the Town of Prosper, Texas, is hereby authorized to execute, on behalf
of the Town Council of the Town of Prosper, Texas, an Interlocal Agreement between the Town of Prosper,
Texas and the Collin County Child Abuse Task Force.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 241h Day of July, 2007.
Charles Niswanger, Mayor
ATTEST TO:
Matthew D. Denton, TRMC
Town Secretary
Office of the County Purchasing Agent
July 5, 2007
Mayor Charles Niswanger
P.O. Box 307
Prosper, Texas 7507&
Re: Interlocal Child Abuse Law Enforcement Task Force Services Agreement
Dear Mayor Niswanger,
Please find the attached Amendment which will extend the above mentioned Agreement
for a one (1) year period with the current rate. This rate will be held firm until Census of
2010.
Please sign and return all copies for final execution to the Collin County Purchasing
Department. Upon completion, one (1) fully executed copy will be returned to you for
your files.
Should you have any questions, please feel free to contact me at (972)548-4122 or Metro
(972)424-1460, ext. 4122.
Sincerely,
a�-&a 1 G, r�
Paula Smith
Contract Administrator
Collin County Purchasing Department
200 S. McDonald, Suite 230
McKinney, Texas 75069 9 (972) 548-4165 s Metro 424-1460 Ext. 4165
COLLIN COUNTY
PURCHASING DEPARTMENT
CONTRACT AMENDMENT NO: ONE (1)
CONTRACT: AGREEMENT, INTERLOCAL: CHILD ABUSE
INVESTIGATION SERVICES
CONTRACT NO. 2006-822-09-12
AMENDMENT ISSUED TO:
CITY OF PROSPER
P.O. BOX 307
Prosper, Texas 75078
AWARDED BY: Original Court Order No. 2006-822-09-12
AMENDMENT #1, COURT ORDER NO.
EFFECTIVE DATE: 09/01/07
YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT:
Amend Section 2 Term to read as follows:
2.01 The term of this Agreement shall commence on the I" day of September 2007, and shall continue in full force and effect
for a period of one (1) year.
Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified
in writing signed by both parties.
ACCEPTED BY:
CITY OF PROSPER
P.O. Box 307
Prosper, Texas 75078
ACCEPTED AND AUTHORIZED BY
AUTHORITY OF COLLIN COUNTY
Collin County Courthouse
210 S. McDonald
McKinney, Texas 75069
SIGNATURE Franklin Ybarbo
TITLE: Purchasing Agent
DATE: DATE:
MAIL SIGNED CONTRACT AMENDMENT TO:
Purchasing Agent, 200 S. McDonald, Suite 230, McKinney, Texas 75069
COLLIN COUNTY
PURCHASING DEPARTMENT
CONTRACT AMENDMENT NO: ONE (1)
CONTRACT: AGREEMENT, INTERLOCAL: CHILD ABUSE EFFECTIVE DATE: 09/01/07
INVESTIGATION SERVICES
CONTRACT NO. 2006-822-09-12
AMENDMENT ISSUED TO:
CITY OF PROSPER
P.O. BOX 307
Prosper, Texas 75078
AWARDED BY: Original Court Order No. 2006-822-09-12
AMENDMENT #1, COURT ORDER NO.
YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT
Amend Section 2 Term to read as follows:
2.01 The term of this Agreement shall commence on the I" day of September 2007, and shall continue in full force and effect
for a period of one (1) year.
Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified
in writing signed by both parties.
ACCEPTED BY:
CITY OF PROSPER
P.O. Box 307
Prosper, Texas 75078
SIGNATURE
DATE:
ACCEPTED AND AUTHORIZED BY
AUTHORITY OF COLLIN COUNTY
Collin County Courthouse
210 S. McDonald
McKinney, Texas 75069
Franklin Ybarbo
Purchasing Agent
DATE:
MAIL SIGNED CONTRACT AMENDMENT TO:
Purchasing Agent, 200 S. McDonald, Suite 230, McKinney, Texas 75069
COLLIN COUNTY
PURCHASING DEPARTMENT
CONTRACT AMENDMENT NO: ONE (1)
CONTRACT: AGREEMENT, INTERLOCAL: CHILD ABUSE
INVESTIGATION SERVICES
CONTRACT NO. 2006-822-09-12
AMENDMENT ISSUED TO:
CITY OF PROSPER
P.O. BOX 307
Prosper, Texas 75078
AWARDED BY: Original Court Order No. 2006-822-09-12
AMENDMENT #1, COURT ORDER NO.
EFFECTIVE DATE: 09/O1/07
YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT:
Amend Section 2 Term to read as follows:
2.01 The term of this Agreement shall commence on the I" day of September 2007, and shall continue in full force and effect
for a period of one (1) year.
Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified
in writing signed by both parties.
ACCEPTED BY:
CITY OF PROSPER
P.O. Box 307
Prosper, Texas 75078
SIGNATURE
DATE:
ACCEPTED AND AUTHORIZED BY
AUTHORITY OF COLLIN COUNTY
Collin County Courthouse
210 S. McDonald
McKinney, Texas 75069
Franklin Ybarbo
Purchasing Agent
DATE:
MAIL SIGNED CONTRACT AMENDMENT TO:
Purchasing Agent, 200 S. McDonald, Suite 230, McKinney, Texas 75069
COLLIN COUNTY
PURCHASING DEPARTMENT
CONTRACT AMENDMENT NO: ONE (1)
CONTRACT: AGREEMENT, INTERLOCAL: CHILD ABUSE
INVESTIGATION SERVICES
CONTRACT NO. 2006-822-09-12
AMENDMENT ISSUED TO:
CITY OF PROSPER
P.O. BOX 307
Prosper, Texas 75078
AWARDED BY: Original Court Order No. 2006-822-09-12
AMENDMENT #1. COURT ORDER NO.
EFFECTIVE DATE: 09/01/07
YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT:
Amend Section 2 Term to read as follows:
2.01 The term of this Agreement shall commence on the I" day of September 2007, and shall continue in full force and effect
for a period of one (1) year.
Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified
in writing signed by both parties.
ACCEPTED BY:
CITY OF PROSPER
P.O. Box 307
Prosper, Texas 75078
SIGNATURE
DATE:
ACCEPTED AND AUTHORIZED BY
AUTHORITY OF COLLIN COUNTY
Collin County Courthouse
210 S. McDonald
McKinney, Texas 75069
Franklin Ybarbo
Purchasing Agent
DATE:
MAIL SIGNED CONTRACT AMENDMENT TO:
Purchasing Agent, 200 S. McDonald, Suite 230, McKinney, Texas 75069
Ct9URT RDEM NO. 20Q6w
THE STATE OF TEXAS
AGREEMENTS
tNTERLOCAL LAW ENFORCgMMT
COUNTY OF COLI�IrA SERVICES AGREEMENT
CITY OF PROSPER
SHERIFF
On September 121 2006, the COmnilSsloners Court of Coffin County, Texas, met In regular
session With the following members present and participating, to wit.
Ron Aarris
County Presiding
Phyllis Cole
Jerry Hoagland
Commissioner,
n
"
Jack PaItchall
commissioner, f a
Commissioner, Precinct 4
During such session the court considered approval of Interlacal- Law Enforcement Services
Agreement.
Thereupon, a motion was made, seconded and carried with a majority vote of 'the court
authorizing the Interlocal Law Enforcement Services Agreement with the Ck of Prosper.
Some is hereby approved as per the attached documentation.
41
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Court Order No.
THIS AGREEMPNT is entered into on the 1! day S tgtnb , 2OW, by and between the Town
Of Prosper (tare "Town) and Collin County, a Political subdivision of the State ofTeUs (the
County').
1. The County operates the Collin County Sheriffs 0Mce which performs law
enforcement funotiona within the county.
2. ; The Town desires to obtain a eertdin law enforcement services from the County that
1 the Towh is authorized to provide.
/ Ther6f0re, under the authority of the Intedocal Cooperation Act, Tex Rev. Civ. State. Ann,
art. 4413. (32c), the parties agree as follows:
SECTION 1. �FIMITTO
1.01 Laiv Enf�o WS MLQP, The term "Law Enforcement Services: means all
services necessary for the Collin County Sheriff's Office to provide the reporting, investigating
and filing charges for special crimes.
1 p � . The term "Special Crimes" means all crimes, relating directly or
indirectly, whereby the victim is leas than 17 years of age. The crimes include, but not limited
to, the Teas Penal Code, Title Five (5) {OFFENSES AGAINST THE PERS04 Chapters 19,
20, 21, 22, Title six (6) (opFENSES AGAINST THE FAMILY) Chapter 25, Titre Rune (9)
(PUBLIC INDECENCY), chapter 43.
f )
SECTION 2.
2.47 TAOThe term of this Agreement shall cmnanenoe on the I st day of September,
2006i and shall continue in hall foree and effect for a period of one (1) year with four (4)
annual renewals unless terminated by either party with ninety (40) days prior to the end
of the original term or any mewed term.
2.02' jgMgVAtM Either party may terminate this Agreement by giving ninety (90) days
written notice to the other party,
The parties agree that this Agreement will terminate immediately should the Town not have
an operating Police Farce.
SECTION 3, My CI3S
t 3,01 Entices- The Sheriff's OMOO agrees to provide all law enforcement services
relating tp S eof� C�� as described in Paragraph 1.02 of this Agreement.
3,02 MMuaer ofytsl+nZeryhxs The Law Enforcement Service shall be • provided
by the County in the same manner and within the same response times as such services are
Provided by the County within its jurisdiction,
3.03 1 The County may utilize the services of individuals
ibilities are related to detecdon, investigation and/or prosecution of
whose dunes and respons
violationsassooiated with Offenses described in Paragraph 1.02 of this Agrcearaent.
SCTION,4_ > CLUSIV CFtn�rrrc
The parties agree that the County may contract to perform services similar or identical to
those specified in this Agreement for such additional governmental or public entities as the
County; in its sole discroiion, sees fit.
_l"O TYCiId
5.01 rev+ En�orcement Service Cbarae Beginning With this Agreement, the Town shall
provide payment to. the County for providing services described in the Agreement. The
Payment is based upon the "At, Risk" population of the Town (16°/a of total population) and the
popuiatitm is based on figures obtained from the North Texas Council of Qovernmenb,
January 2006 estimates of population. On an annual basis, the Town will pay $4,W.15 to the.
County for providing the above mentioned services. The Town will continue payment for any
and all charges for services not1. described in the Agreement. The payment is due October 1,
2006, and paid. to the.Collin County Auditor's Office,
SFXTION 6. C1UI)< I IABIi lTY
1 }
Any civil liability relating to the furnishing of services under this Agreement shall be the
responsiWlity of the Town. The parties agree that the County shall be acting as agent for the
Town in performing the services contemplated by this Agreement.
The Town shall hold the County free and harmless from any obligation, costs, claims,
judgment0; attorneys' fees, attachments, and other such liabilities arising fi+om or growing out
of the services rendered to the Town pursuant to the terms of this Agreement or in any way
connected with the rendering of said services, except when the same shall arise because of the
willful misconduct or culpable negligence of the County, and the County is adjudged to be
guilty of willful misconduct or culpable negligence by a court of competent jurisdiction.
SECTION 7.
This Agreement shall not be amended or modified other than in a written agreement signed
by the parties.
SECTION.8. OLLINQ LAW
This;Agreement shall be deemed to be made under, governed by, and construed in
accordance with, the laws of the State of Texas.
SBCn0N9, NO11M
9.01 Unless otherwise specified, all Communications provided for in this Agreement
shall be in writing and shall be deemed delivered whether actuallyreoeived or not forty-eight
(0) hooks after deposit'in the United States mail, first class, registered or certified, return
roceipt requested, with proper postage prepaid 'or immediately When delivered in person.
9.02 All communications provided for in this Agreement shall be addressed as follows:
(a) if the County, to:
Ron Harris, County Judge
210 S. McDonald
McKinney, TIC 75069
(b) if the Town, to:
Chief of Polies
P.O. Box 307
Prasper, Tip 75078
Or to such person at such other addresses astray from time to time be specified in a notice
given as provided in this Section 9. in addition, notice of termination of this Agreement by the
Town iw be provided by the Town to the County Judge of Collin County as follows:
The Honorable Ron Hares
Collin County Judge
210 S, McDonald
McKinney, TX 7.5069
SROTION 10. CCAM
The headi4gs to'the various sections of this Agreement have been inserted for Convenient
reference only and shall not modify, define, limit, or expand the express provision of this
Agreement.
SECTION 11. C p R
This Agreement may be executed in counterparts, each of which, when taken separately,
shall be deemed an original.
SECTION 12. �Id�" Y� RI(}� t TQ BNFO�CE TFIIS At3RgEMENT
The County and the Town have the exclusive right to baring suit to enforce this Agreement,
and no other party may bring suit, as a third -party beneficiary or otherwise, to enforce this
Agreement.
} IN WITNESSW HEREOF, the parties hereeto have executed this Agreement as of the day
and year first above written.
`COUNTY'
COLLIN COUNTY, TEXAS
By:
Title: County Judge
Date;
'TOWN'
TOWN OF PROSPER TEXAS
By:`'��~
Title: MAYOtk.—
Date:4z
TOWN OF
iLL6PER
To: Mayor and Town Council
From: Matthew D. Denton, Town Secretary
Cc: Kevin Carruth, Interim Town Manager
Re: Board Appointments
Agenda Item•
ADMINISTRATION
Regular Meeting
Prosper Town Council
July 24, 2007 - 6:00 p.m.
Discuss appointment schedule and vacant positions on the Parks and Recreation Board, Planning
& Zoning Commission, Board of Adjustment, and Economic Development Corporation.
Description of Agenda Item:
Council needs to appoint four (4) commissioners to the Planning and Zoning Commission, four
(4) members to the Parks and Recreation Board, seven (7) members to the Board of Adjustment,
and two (2) members to the Economic Development Corporation at their September 25, 2007
meeting.
Park and Recreation Board members with expiring terms:
Maureen Patin
Amy Drown
Loren Moulder
Jeff Stang
Planning and Zoning Commissioners with expiring terms:
Marcus Ruark
Troy Brock
Reno Jones
Ronni Gallup
Agenda Item Number 4c
EDC Board members with expiring terms:
Mike Wadsworth
Bob Luckock
BOA members with expiring terms:
Michael Boarne
Michael Charlton
Stan Folsom
Bobby Shirrel
Rudy Guerrero
Don Willey
Lisa Dritschler
Budget Impact•
N/A
Legal Obligations and Review:
N/A
Attached Documents:
Board Appointment Schedule for 2007
Board, Committee and/or Staff Recommendation:
There is no council action required at this time.
Agenda Item Number 4c
ADMINISTRATION
TOWN OF
01 E. R
To: Mayor and Town Council
From: Kevin Carruth, Interim Town Manger
Re: Interlocal Agreement with PEDC for Cross Development
Date: July 19, 2007
Agenda Item:
Consider and act upon an interlocal agreement between the Town of Prosper and the Prosper
Economic Development Corporation for the Cross development.
Description of Agenda Item:
On July 17, 2007, the Town executed a 380 agreement that included reimbursing Custer -
Prosper, L.P. (Cross Development) the cost of constructing a sewer line to serve their proposed
development on the northwest corner of Hwy. 380 and Custer Road, up to $1.3 million. PEDC
has greed to loan the Town 25 percent of the cost of the sewer, up to $325,000, with an interest
rate of 5.5 percent. The PEDC board approved the accompanying interlocal agreement at its
July 18, 2007 meeting.
Budget Impact:
As detailed in the 380 agreement, reimbursement to Custer -Prosper, L.P. and PEDC will be
done by crediting the Town's one percent sales tax on sales generated by the project. No
existing revenue source will be used to fund the project.
Legal Obligations and Review:
The Town Attorney drafted and approved the agreement.
Attached Documents:
Interlocal agreement.
Board, Committee and/or Staff Recommendation:
Staff recommends approval of the agreement as presented.
Agenda Item No. 4d - Page 1 of 1
INTERLOCAL AGREEMENT BY AND BETWEEN
THE TOWN OF PROSPER, TEXAS AND THE PROSPER ECONOMIC
DEVELOPMENT CORPORATION CONCERNING THE CONSTRUCTION OF A
SEWER LINE WITH RELATED IMPROVEMENTS AND ROADWAY
IMPROVEMENTS
This Interlocal Agreement (the "Agreement") is entered into to be effective the 18th day
of July, 2007, under and in accordance with the provisions of the Interlocal Cooperation Act,
Chapter 791, Texas Government Code, by and between the Town of Prosper, Texas, a municipal
corporation, ("Town") and the Prosper Economic Development Corporation, a Texas corporation
organized and existing under the Development Corporation Act of 1979, as amended, ("PEDC")
on the terms and conditions set forth below.
WHEREAS, at duly called election held in accordance with the provisions of the
Development Corporation Act of 1979, Article 5190.6, Section 4A, Texas Revised Civil
Statutes, as amended, ("DCA"), the voters of Prosper approved a proposition ("Proposition") on
the question of the adoption of a sales and use tax within Town at a rate of one-half of one
percent ("Sales Tax") for the promotion and development of new and expanded business
enterprises; and
WHEREAS, Town and PEDC are desirous of constructing a sewer line with related
improvements, as depicted on Exhibit `B" hereto (collectively the "Improvements"), to
facilitate a retail shopping center to be generally located at the northwest corner of Custer Road
and U.S. Highway 380 (the "Project"); and
WHEREAS, the Prosper Town Council ("Town Council") and the PEDC Board of
Directors ('Board") have determined to undertake the Project in order to promote and develop
new and expanded business enterprises and to promote and encourage employment and the
public welfare within the Town; and
WHEREAS, the Town Council and the Board have further investigated and determined
that the construction of the Project will enhance the development opportunities for the properties
located adjacent thereto, with the likely result of an increase in the tax base for Prosper; and
WHEREAS, Prosper and the PEDC have found that the costs related to the Project to be
paid from the PEDC Sales Tax and the Town's sales tax proceeds pursuant to this Agreement
will not exceed the costs of the Project that are eligible to be paid from such funds; and
WHEREAS, after due consideration of the available means to finance the costs of the
Project, the benefit to Prosper, the PEDC and the citizens of Prosper of providing the Project,
and the purposes for which the PEDC was created and the Sales Tax was authorized, the Town
Council and Board have further determined that the most cost effective and beneficial
arrangement would be for the PEDC and the Town to participate in the costs of construction of
the Project; and
Interlocal Agreement between the Town of Prosper and the PEDC Page 1
493637.0
WHEREAS, the parties hereto find it necessary and advisable to enter into this
Agreement with respect to the Project in accordance with the DCA and Chapter 380 of the Local
Government Code to set forth the duties and responsibilities of the respective parties for the
implementation and funding of the Project; and
WHEREAS, the parties hereto further find that all applicable laws have been complied
with in order to undertake the Project and enter into this Agreement; and
WHEREAS, the Town has entered into a certain "Chapter 380 Economic Development
Program Agreement" with Custer -Prosper, L.P. effective as of July 17, 2007 (the "380
Agreement") wherein Town has agreed to use a financing instrument to reimburse Custer -
Prosper, L.P. for its actual cost in constructing the Improvements up to ONE MILLION THREE
HUNDRED THOUSAND AND NO1100 DOLLARS ($1,300,000.00) (the "Sewer Line Loan")
at the time of construction and Town will use its one percent (1%) rate of Sales and Use Tax
proceeds generated from the Project to pay down the Town's debt; and
WHEREAS, the PEDC has agreed that it will loan Town twenty five percent of the
Sewer Line Loan, up to THREE HUNDRED TWENTY FIVE THOUSAND DOLLARS
($325,000.00) as set forth below; and
WHEREAS, for the public purpose of promoting economic development and diversity,
increasing employment, reducing unemployment and underemployment, expanding commerce
and stimulating business and commerce activities in the State of Texas, Collin County, and the
Town of Prosper, the PEDC desires to provide economic assistance to Town for the Project as
more particularly described in this Agreement.
NOW THEREFORE, for and in consideration of the promises, covenants and agreements
set forth herein, the receipt and sufficiency of which are hereby acknowledged, the PEDC and
Town agree as follows:
1. Recitals. The recitals contained in this Agreement: (a) are true and correct as of
the effective date of this Agreement; (b) form the basis upon which the parties negotiated and
entered into this Agreement; (c) reflect the intent of the parties with regard to the subject matter
of this Agreement; and are incorporated into the body of this Agreement as if fully set forth
herein. If it becomes necessary to interpret any provision of this Agreement, the intent of the
parties, as evidenced by the recitals, shall be given full effect.
2. Construction of the Improvements. Town has agreed, in the 380 Agreement, to
reimburse Custer -Prosper, L.P. for construction of the Improvements, which are necessary for
the Project to be developed, in accordance with the plans and specifications developed and
approved by Town, with construction to commence by March 31, 2008. The Project shall be
generally located along at the northwest corner of Custer Road and U.S. Highway 380 as more
generally depicted in Exhibit "A".
3. Economic Assistance to be Provided by PEDC. In exchange for the agreement of
Town to assist in financing the Improvements, the PEDC agrees to loan to Town a total of
Interlocal Agreement between the Town of Prosper and the PEDC Page 2
493637.0
twenty-five percent (25%) of the Town's Sewer Line Loan up to a maximum of THREE
HUNDRED TWENTY-FIVE THOUSAND ($325,000.00) dollars. Pursuant to the 380
Agreement, Town will be reimbursing Custer -Prosper, L.P. for the Improvements upon receipt of
construction invoices evidencing amounts incurred. After Town's receipt of such invoices and
request for payment from Custer -Prosper, L.P., Town shall submit such invoices to PEDC, and
PEDC shall pay to Town (or to the contractor directly if requested by the Town) twenty-five
percent (25%) of the total paid by Town (or owed) for that invoice. The total amount of PEDC's
loan to Town shall not exceed twenty-five percent (25%) of the Sewer Line Loan or THREE
HUNDRED TWENTY-FIVE THOUSAND ($325,000.00) dollars, whichever is less ("PEDC
Loan"). Section 3.03(e) of the 380 Agreement requires Town to credit its one percent (1%) sales
and use tax generated by the Project to the Sewer Line Loan until the Sewer Line Loan and
interest is paid in full (hereinafter said amounts referred to as "Sewer Line Credit Funds"). Upon
completion of the Improvements and the issuance of a certificate of occupancy by the Town for
the Project, the Town shall pay to the PEDC twenty-five percent (25%) of the Sewer Line Credit
Funds received by the Town until such time as the PEDC Loan has been paid in full. The PEDC
Loan shall bear interest at a rate of five and one-half percent (5 %2%). Town shall make such
payments to PEDC within fourteen (14) days of receipt of the sales and use tax funds from the
State.
4. Construction Contracts: Ownership of Project. Town will cause and oversee the
construction of the Improvements and shall be solely responsible for enforcement of the 380
Agreement and the construction and maintenance of the Project, and the PEDC shall have no
liability with respect to the construction, operation or maintenance of the Improvements or
Project other than to make the payments to Town herein contemplated from the PEDC's receipts
from the Sales Tax.. The Improvements shall be owned by Town.
5. Force Majeure. If, by reason of Force Majeure, either party hereto shall be
rendered unable wholly or in part to carry out its obligations under this Agreement, then such
party shall give notice and full particulars of such Force Majeure in writing to the other party
within a reasonable time after occurrence of the event or cause relied upon, and the obligation of
the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended
during the continuance of the inability then claimed, except as hereinafter provided, but for no
longer period, and any such party shall endeavor to remove or overcome such inability with all
reasonable dispatch. The term "Force Majeure" as employed herein, shall means acts of God,
strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind of the
Government of the landslides, lightening, earthquakes, fires hurricanes, storms, floods, washouts,
droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or
accidents to machinery, pipelines, or canals, or other causes not reasonably within the control of
the party claiming such inability. It is understood and agreed that the settlement of strikes and
lockouts shall be entirely within the discretion of the party having the difficulty, and that the
above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall
not require the settlement of strikes and lockouts by acceding to the demands of the opposing
party or parties when such settlement is unfavorable to it in the judgment of the party having the
difficulty.
Interlocal Agreement between the Town of Prosper and the PEDC Page 3
493637.0
6. Miscellaneous Provisions.
a) Assi ngnment. This Agreement is not assignable.
b) Entire Agreement. This Agreement contains the entire agreement of the parties
with respect to the matters contained herein and may not be modified or
terminated except upon the provisions hereof or by the mutual written agreement
of the parties hereto.
e) Venue. This Agreement shall be construed in accordance with the laws of the
State of Texas and shall be performable in Collin County, Texas.
d) Consideration. This Agreement is executed by the parties hereto without coercion
or duress and for substantial consideration, the sufficiency of which is forever
confessed.
e) Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
f) Authority to Execute. The individuals executing this Agreement on behalf of the
respective parties below represent to each other and to others that all appropriate
and necessary action has been taken to authorize the individual who is executing
this Agreement to do so for and on behalf of the party for which his or her
signature appears, that there are no other parties or entities required to execute this
Agreement in order for the same to be an authorized and binding agreement on
the party for whom the individual is signing this Agreement and that each
individual affixing his or her signature hereto is authorized to do so, and such
authorization is valid and effective on the date hereof.
g) Savings/Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in
any respect, such invalidity, illegality or unenforceability shall not affect any
other provision thereof, and this Agreement shall be construed as if such invalid,
illegal or unenforceable provision had never been contained herein.
h) Representations. Each signatory represents this Agreement has been read by the
party for which this Agreement is executed and that such party has had an
opportunity to confer with its counsel.
i) 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. Headings in this Agreement are for the convenience of the parties and are
not intended to be used in construing this document.
Interlocal Agreement between the Town of Prosper and the PEDC Page 4
493637A
j) Sovereign Immunity. The parties agree that no party has waived its sovereign
immunity by entering into and performing their respective obligations under this
Agreement.
k) Regulatory Bodies. This Agreement shall be subject to all valid rules,
regulations, and laws applicable thereto passed or promulgated by the United
States of America, the State of Texas, or any governmental body or agency
having lawful jurisdiction or any authorized representative or agency of any of
them.
1) Term Agreement. The term of this Agreement shall be for the period during
which the Project is being constructed and any amounts owed to Town hereunder
remain outstanding.
m) No Third Party Beneficiaries. Nothing in this Agreement shall be construed to
create any right in any third party not a signatory to this Agreement.
n) Exhibits. Exhibits A, B and C referenced herein are incorporated as port of this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective on the latest date as reflected by the signatures below.
Prosper Economic Development Corporation
LB
Dan Tolleson, Executive Director
Town of Prosper, Texas
Lo
Mayor Charles Niswanger
Interlocal Agreement between the Town of Prosper and the PEDC Page 5
493637.0
STATE OF TEXAS
COUNTY OF COUNTY
BEFORE ME, the undersigned authority, on this day personally appeared Dan Tolleson
known to me to be one of the persons whose names are subscribed to the foregoing instrument;
he/she acknowledged to me he/she is the duly authorized representative for the
Prosper Economic Development Corporation, and he/she executed said instrument for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of
2007.
Notary Public in and for the State of Texas
My Commission Expires:
STATE OF TEXAS
COUNTY OF COUNTY
BEFORE ME, the undersigned authority, on this day personally appeared Charles
Niswanger, known to me to be one of the persons whose names are subscribed to the foregoing
instrument; he acknowledged to me he is the Mayor and duly authorized representative for the
Town of Prosper, Texas, and he executed said instrument for the purposes and consideration
therein expressed.
2007.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
Notary Public in and for the State of Texas
My Commission Expires:
Interlocal Agreement between the Town of Prosper and the PEDC Page 6
493637.0
EXHIBIT "A"
Description of Property on which Project will be Constructed
Interloca( Agreement between the Town of Prosper and the PEDC Page 7
493637.0
EXHIBIT `B"
Description of Sewer Line with Related Improvements
Interlocal Agreement between the Town of Prosper and the PEDC Page 8
493637A
ADMINISTRATION
TOWN OF
r1SPER
To: Mayor and Town Council
From: Matthew D. Denton, Town Secretary
CC: Kevin Carruth, Interim Town Manager
Regular Meeting
Prosper Town Council
July 24, 2007 6:00 p.m.
Re: Consider and act upon an ordinance for the voluntary annexation of approximately
6.419 acres of land located in the Collin County School Land Survey, Abstract
No.147, and being more generally located on the southwest corner of Prosper Trail
and N. Coleman.
Description:
Council accepted the petition for the voluntary annexation of approximately 6.419 acres of land
generally located on the southwest corner of Prosper Trail and N. Coleman at their May 22, 2007
meeting. Two public hearings regarding the proposed annexation were conducted by the Council
at their June 26, 2007 and July 10, 2007 meetings. Following is an ordinance to annex the
property.
Recommendation:
Staff recommends approval of the ordinance to annex the property.
Agenda Item No. 4e - Page I of I
TOWN OF PROSPER, TEXAS
ORDINANCE NO. 07-xx
AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT
OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY,
ABSTRACT 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 6.419
ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE
SOUTHWEST CORNER OF PROSPER TRAIL AND N. COLEMAN MORE OR LESS
IN COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND
INHABITANTS OF THE ABOVE -DESCRIBED TRACT OF LAND SHALL BE
ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF
PROSPER AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT
AND HEREINAFTER ADOPTED; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE.
WHEREAS, the Jown of Prosper ("Prosper") received a request from Lattimore
Materials, to annex a tract of land containing approximately 6.419 acres of land, more or less;
and
WHEREAS, the Town Council of the Prosper ("Town Council') under the authority of
Section 43.001, et seq. Local Government Code, investigated and determined that it would be
advantageous and beneficial to Prosper and its inhabitants to annex the below -described property
("Property") to Prosper; and
WHEREAS, the Town Council finds that all requisites relative to consideration and
adoption of this Ordinance have been complied with pursuant to Chapter 43, Local Government
Code; and
WHEREAS, the Town Council finds that the Property the subject of this Ordinance is
within the extraterritorial jurisdiction of Prosper and is adjacent and contiguous to the existing
town limits of Prosper; and
WHEREAS, the Town Council finds that the field notes close the boundaries of the
Property being annexed; and
WHHREAS, the Town Council finds that the Property the subject of this Ordinance is
one-half (1/2) mile or less in width; and
WHEREAS, the Town Council finds that the Property the subject of this Ordinance is
vacant and without residents or fewer than three (3) qualified voters reside thereon; and
Page I
WHEREAS, the Town Council has conducted at least two (2) public hearings at which
persons interested in the annexation were given an opportunity to be heard regarding the
proposed annexation and the proposed service plan; and
WHEREAS, the Town Council finds the public hearings were conducted on or after the
fortieth (40`") day but before the twentieth (201") day before the date of institution of the
annexation proceedings; and
WHEREAS, the Town Council finds it has completed the annexation process within
ninety (90) days after the Town Council instituted annexation proceedings; and
WHEREAS, the Town Council finds the proposed Service Plan for Annexed Area was
prepared in compliance with law and was available for review and inspection by citizens; and
WHEREAS, the Town Council finds that all legal notices, hearings, procedures and
publishing requirements for annexation have been performed and completed in the manner and
form set forth by law.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: Findings Inco orp rated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Property Annexed. The Property described in the attached Exhibit "A"
and all public streets, roadways and alleyways located within or contiguous to the same is hereby
annexed to Prosper.
SECTION 3: Service Plan. The Service Plan for the Property is attached hereto as
Exhibit `B" and made a part hereof for all purposes.
SECTION 4: Rights/Privileges/Bound by Ordinances and Regulations. That from and
after the passage of this Ordinance, the Property shall be a part of Prosper, and the inhabitants
thereof shall be entitled to all the rights and privileges of all of the citizens of Prosper and shall
be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the
laws of the State of Texas.
SECTION 5: Official Man and Boundaries Amended. That the official map and
boundaries of Prosper are hereby amended to include the property as part of Prosper and that a
certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County,
Texas.
Page 2
SECTION 6: Unlawful Use. It shall be unlawful for any person, firm or corporation to
make use of the Property in some manner other than as authorized by this Ordinance and Zoning
Ordinance No. 84-16, and any amendments thereto; and it shall be unlawful for any person, firm
or corporation to construct on the Property any building that is not in conformity with the
permissible use under this Ordinance and Zoning Ordinance No. 84-16, and any amendments
thereto.
SECTION 7: 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 portions of said ordinances shall remain in full force and effect.
SECTION 8: 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 9: Effective Date. This Ordinance shall become effective immediately upon
its passage.
PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS THIS 24°i DAY OF JULY, 2007.
ATTESTED TO AND
CORRECTLY RECORDED BY:
MATTHEW D. DENTON, TRMC
TOWN SECRETARY
CHARLES NISWANGER, MAYOR
Page 3
TOWN OF PROSPER, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE: NO. 07-xx
DATE OF ANNEXATION ORDINANCE: duly 24, 2007
ACREAGE ANNEXED: Approximately 6.419 acres
SURVEY, ABSTRACT & COUNTY: Collin County School Land Survey, Abstract 147, Collin County
CURRENT PROPERTY OWNER: Lattimore Matterials
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
I. 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
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
I. 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 ''/1) 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.
1. SANITARY SEWER SERVICES
I. 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.
z`E
Y
g > UAd1 g
J.E. SMITH, LAND SURVEYOR
5269 HWY 377 SOUTH
AUBREY, TEXAS 76227
(940) 365.9289
EXHIBIT "A"
6.419 Acre Tract LATTIMORE MATERIALS CO., LP
All that certain tract or parcel of land lying and being situated in Collin County,
Texas, part of the COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147,
and being that same tract said to contain 7.00 acres as described in a deed to
Dozier Living Trust recorded in Volume 4861, page 267 of the Collin County Land
Records, LESS a tract said to contain 0.577 acres conveyed to the City of Prosper
and described in an instrument recorded under County Clerk's # 04-177886, said
tract or parcel of land is herein described as follows; to wit:
COMMENCING at an 112 inch iron rod found in the center of N. Coleman Street
(Old Highway No. 289) for the Northeast corner of the J.D. McElhannon 153.8 acre
tract described in a deed recorded in Volume 215, page 249 of the Collin County
Deed Records;
THENCE with the North line of said McElhannon tract along the center of County
Road No. 4, North 89 degrees 32 minutes 44 seconds West 30.00 feet to a point for
the Northeast corner of said 7.00 acre tract and the Northeast corner of said
record 0.677 acre tract;
THENCE South 01 degrees 03 minutes 58 seconds West 45.00 feet to an 112 Inch
iron rod set on the East line of said called 7.00 acre tract for the Southeast corner
of said record 0.577 acre tract and the Northeast corner and Place of BEGINNING
of the premises hereinafter described;
THENCE South 01 degrees 03 minutes 58 seconds West along the West line of N.
Coleman Street 469.31 feet to an 112 inch iron rod set at the Southeast corner of
said called 7.00 acre tract for the Southeast corner hereof, said corner being the
Northeast comer of a tract said to contain 2.99 acres as described in a deed
Robert F. Clarke recorded in Volume 2315, page 988 of the Collin County Land
Records;
THENCE North 89 degrees 34 minutes 33 seconds West 664.51 feet to an 112 inch
iron rod found on the East line of the Burlington Northern & Santa Fe Railroad
right-of-way at the Southwest corner of said called 7.00 acre tract for the
Southwest corner hereof, said corner being the Northwest corner of said 2.99 acre
tract;
THENCE along the East line of said Railroad right-of-way, North 12 degrees 21
minutes 00 seconds East 469.72 feet to an 112 inch iron rod set for the Southwest
corner of said record 0.577 acre tract and Northwest comer hereof;
THENCE along the South line of right-of-way dedicated for County Road No. 4,
South 89 degrees 32 minutes 44 seconds East a distance of 662.69 feet to the
Place of BEGINNING and containing 6.419 acres of land.
f
'�\ ADMINISTRATION
TOWN OF
Lj Regular Meeting
jff Prosper Town Council
July 24, 2007 6:00 p.m.
To: Mayor and Town Council
From: Matthew D. Denton, Town Secretary
CC: Kevin Carruth, Interim Town Manager
Re: Consider and act upon an ordinance for the voluntary annexation of approximately
24.296 acres of land located in the Collin County School Land Survey, Abstract No.147,
and being more generally located south of First Street (CR 3) and 230+ feet east of
the Dallas North Tollway.
Description:
Council accepted the petition for the voluntary annexation of approximately 6.419 acres of land
generally south of First Street (CR 3) and 230+ feet east of the Dallas North Tollway at their May
22, 2007 meeting. Two public hearings regarding the proposed annexation were conducted by
the Council at their June 26, 2007 and July 10, 2007 meetings. Following is an ordinance to
annex the property.
Recommendation:
Staff recommends approval of the ordinance to annex the property.
Agenda Item No. 4f- Page I of i
TOWN OF PROSPER, TEXAS
ORDINANCE NO. 07-xx
AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT
OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY,
ABSTRACT 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY
24.296 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE
SOUTH SIDE OF FIRST STREET (CR 3) AND 230+ FEET EAST OF THE DALLAS
NORTH TOLLWAY MORE OR LESS IN COLLIN COUNTY, TEXAS; PROVIDING
THAT THE OWNERS AND INHABITANTS OF THE ABOVE -DESCRIBED TRACT OF
LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER
CITIZENS OF PROSPER AND BE BOUND BY THE ACTS AND ORDINANCES NOW
IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE.
WHEREAS, the Town of Prosper ("Prosper") received a request from Brenda Browning,
to annex a tract of land containing approximately 24.296 acres of land, more or less; and
WHEREAS, the Town Council of the Prosper ("Town Council") under the authority of
Section 43.001, et seq. Local Government Code, investigated and determined that it would be
advantageous and beneficial to Prosper and its inhabitants to annex the below -described property
("Property") to Prosper; and
WHEREAS, the Town Council finds that all requisites relative to consideration and
adoption of this Ordinance have been complied with pursuant to Chapter 43, Local Government
Code; and
WHEREAS, the Town Council finds that the Property the subject of this Ordinance is
within the extraterritorial jurisdiction of Prosper and is adjacent and contiguous to the existing
town limits of Prosper; and
WHEREAS, the Town Council finds that the field notes close the boundaries of the
Property being annexed; and
WEHREAS, the Town Council finds that the Property the subject of this Ordinance is
one-half (1/2) mile or less in width; and
WHEREAS, the Town Council finds that the Property the subject of this Ordinance is
vacant and without residents or fewer than three (3) qualified voters reside thereon; and
WHEREAS, the Town Council has conducted at least two (2) public hearings at which
persons interested in the annexation were given an opportunity to be heard regarding the
proposed annexation and the proposed service plan; and
Page I
WHEREAS, the Town Council finds the public hearings were conducted on or after the
fortieth (401h) day but before the twentieth (20"') day before the date of institution of the
annexation proceedings; and
WHEREAS, the Town Council finds it has completed the annexation process within
ninety (90) days after the Town Council instituted annexation proceedings; and
WHEREAS, the Town Council finds the proposed Service Plan for Annexed Area was
prepared in compliance with law and was available for review and inspection by citizens; and
WHEREAS, the Town Council finds that all legal notices, hearings, procedures and
publishing requirements for annexation have been performed and completed in the manner and
form set forth by law.
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: Property Annexed. The Property described in the attached Exhibit "A"
and all public streets, roadways and alleyways located within or contiguous to the same is hereby
annexed to Prosper.
SECTION 3: Service Plan. The Service Plan for the Property is attached hereto as
Exhibit `B" and made a part hereof for all purposes.
SECTION 4: Rights/Privileges/Bound by Ordinances and Regulations. That from and
after the passage of this Ordinance, the Property shall be a part of Prosper, and the inhabitants
thereof shall be entitled to all the rights and privileges of all of the citizens of Prosper and shall
be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the
laws of the State of Texas.
SECTION 5: Official Mao and Boundaries Amended. That the official map and
boundaries of Prosper are hereby amended to include the property as part of Prosper and that a
certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County,
Texas.
SECTION 6: Unlawful Use. It shall be unlawful for any person, firm or corporation to
make use of the Property in some manner other than as authorized by this Ordinance and Zoning
Ordinance No. 84-16, and any amendments thereto; and it shall be unlawful for any person, firm
Page 2
or corporation to construct on the Property any building that is not in conformity with the
permissible use under this Ordinance and Zoning Ordinance No. 84-16, and any amendments
thereto.
SECTION 7: 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 portions of said ordinances shall remain in full force and effect.
SECTION 8: 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 9: Effective Date. This Ordinance shall become effective immediately upon
its passage.
PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS THIS 24"' DAY OF JULY, 2007.
ATTESTED TO AND
CORRECTLY RECORDED BY:
MATTHEW D. DENTON, TRMC
TOWN SECRETARY
CHARLES NISWANGER, MAYOR
Page 3
TOWN OF PROSPER, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE: NO. 07-xx
DATE OF ANNEXATION ORDINANCE: July 24, 2007
ACREAGE ANNEXED: Approximately 24.296 acres
SURVEY, ABSTRACT & COUNTY: Collin County School Land Survey, Abstract 147, Collin County
CURRENT PROPERTY OWNER: Brenda Browning
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
I. 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
I. 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.
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 ''/s) 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.
1. 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
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.
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Page 2 of 2
Metes and Bounds Description: (20.193 Acres
BEING a tract of land situated in the Collin County School Land Survey, Abstract No. 147, in Collin County, Texas, and
being all of that tract of land being known as Tract I, Tract II and IV, described by deed to Brenda Joyce Savoy
(hereinafter referred to as Savoy tract) as recorded in Volume 4140, Page 127, of the Deed Records of Collin County,
Texas (D.R.C.C.T.) and also being all of that tract of land described by deed to Brenda Joyce Savoy, now known as,
Brenda J. Browning (hereinafter referred to as Browning tract), as recorded in Volume 5510, Page 3951, D.R.C.C.T.
and also being part of that tract of land described by deed to Lelia Joyce Weems, Ronald Earl Weems, Rickie Eugene
Weems and Brenda Joyce Browning recorded in Volume 3493, Page 308 and Volume 4635, Page 1690, D.R.C.C.T., said
tract being more particularly described as follows:
BEGINNING at a p.k. nail set for the northeast corner of said Tract IV, some being in First Street (County Road No. 3),
said corner also being the northwest corner of WARREN / AVANT—GARDE ADDITION , as recorded in Volume 2006, Page
615, of the Map Records of Collin County, Texas;
THENCE South 00'18'44" East, along the west line of said WARREN / AVANT—GARDE ADDITION , a distance of 1347,15'
o a 1/2" iron pipe found for the southeast corner of Tract IV of said Savoy Tract, same being the southwest corner of
a tract of land described by deed to Warren Cattle Family, L.P., as recorded under County Clerk's File No. 2004-0177021,
D.R.C.C.T. and also being in the north line of that tract of land described by deed to Tollway & 380—Wally, Ltd., Zero
Business Park, Inc. and Whitt Properties, L.L.C., as recorded under County Clerk's File No. 20060523000700470, D.R.C.C.T.;
THENCE South 89'56'45" West, along the south line of said Savoy and Browning tracts, a distance of 734.93' to a 1/2"
iron rod with cap found for the southeast corner of a called 2.681 acre tract of land described by deed to Collin County,
Texas, recorded under Clerk's File No. 2D060313000324730, D.R.C.C.T. and also being the northeast corner of a called 12.77
acre tract of land also described by deed to Collin County, Texas, recorded in Volume 5748, Page 4400, D.R.C.C.T.;
THENCE North 01'43'46" East, along the east line of said 2.681 acre tract, a distance of 261.36' to a 1/2" iron rod with
a yellow plastic cap stomped "RPLS 5686" set at the beginning of a tangent curve to the left, having a radius of 5744.58',
a central angle of 01'51'54", a chord which bears N00'38'25"E and a chord length of 186.99';
THENCE along said tangent curve to the left, an arc length of 187.00' to a 1/2" iron rod with a yellow plastic cap found
for the northeast corner of said 2.681 acre tract, same being the southeast corner of a called 2.697 acre tract of land
also conveyed to Collin County, Texas, as recorded under County Clerk's File No. 20060912001319460, D.R.C.C.T., same
being in the south line of a tract of land described by deed to Perspolis Oriental Rugs of Dallas, Inc., as recorded in
Volume 5889, Page 1784, D.R.C.C.T.;
THENCE North 89'41'02" East, along the south line of said Perspolis Oriental Rugs of Dallas, Inc. tract and the north
line of said Weems/Browning tract, a distance of 221.90' to a called 1/2" iron pipe found for the northeast corner of
said Weems/Browning tract, same being the southeast corner of said Perspolis Oriental Rugs of Dallas, Inc. and also
being in the west line of said Tracts I and 11 of said Savoy tract;
THENCE North 00'17'12" West, along the east line of said Perspolis tract, a distance of 447.10' to a called 2" iron
pipe found for the northeast corner of said Perspolis tract;
THENCE South 89'44'02" West, along the north line of said Perspolis tract, a distance of 229,69' to a 1/2" iron rod
with a yellow plastic cap stamped "RPLS 5686" set for corner, said corner being the northeast corner of a called 2.697
acre tract of land described by deed to Collin County, Texas, as recorded under County Clerk's File No. 20060912001319460,
D.R.C.C.T., said corner also being the southeast corner of a called 2.597 acre tract of land described by deed to Collin
County, Texas, as recorded under Clerk's File No. 20060313000324750, D.R.C.C.T.;
THENCE North 01'25'45" West, along the east line of said 2.597 acre tract, a distance of 446.12', to a p.k.
nail found in said County Road No. 3, said corner being the northeast corner of said 2.597 acre tract, said
corner bears N89'30'22"E, a distance of 249.61', from a p.k. nail found at the intersection of County Road
No. 27 and said First Street, same being the northwest corner of said 2.597 acre tract;
THENCE North 89'30'22" East, along First Street, some being the north line of said Savoy and Browning OF 21
tracts, passing a 1/2" iron rod with cap found, at a distance of 11.88', a p.k. nail found at a distance Q" �G1STZp
of 24.70', a a p.k. nail found at a distance of 236.84', a a p.k. nail found at a distance of 399.00' r�
and passing a p.k. nail found, at a distance of 498.00' and continuing in all a total distance of MICHAEL B. ARTHUR
738.79' to the POINT OF BEGINNING and containing 20.193 acres of land, more or less. 5686 ero
S 9 �,
R
}
DATE: 04/30/07 Annexation Exhibit
SCALE: 1" = 60' 20.193 Acre
a North Texas Surveying, L.L.C.
Collin County School Registered Professional Land Surveyors
CALL. BY: C.S.H. Land Survey 1515 South McDonald St., Suite 110,
DRAWN BY: C.S.H. Abstract No. 147 McYinney, Tx. 75069
Collin County Texas Ph. (469) 424-2074 Fax: (469) 424-1997
' JOB NO.: 2007-0015-1 �.northtexassurveying.com
TOWN OF
ju 3.r rw R
To: Mayor and Town Council
PARKS AND
RECREATION
From: Chris Copple, Development and Parks Planner
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — July 24, 2007
Date: July 17, 2007
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 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): The
PARBd discussed future improvements to Folsom Park at their June 21, 2007 meeting.
The development of Folsom Park would provide between three (3) to six (6) youth
soccer/multi-purpose permanent fields. Town staff and members of the PARBd are
currently working on two (2) applications for grants to assist in the funding of the
improvements to Folsom Park. The first grant from Collin County requesting $390,000 in
matching funds was sent out on July 3, 2007. The second grant to the Texas Parks &
Wildlife in a currently undetermined amount will be sent out later this month. Both grants
are 50% matching funds for the reimbursement of expenditures on park development;
therefore, the existing Park Improvement Fees and the recently received $500,000 park
grant fund, must be available to not only receive the grant(s), but pay for the
improvements. If grant(s) are awarded, the reimbursement of the 50% matching funds
will be received by the Town after completion of the development of Folsom Park. On
June 27, 2007, Town staff met with a design consultant to discuss the proposed scope
of work for the project. It is anticipated that the design contract will be considered by the
PARBd at their July 26, 2007 Meeting. The PARBd anticipates that these permanent
fields could be ready for play at Folsom Park for the fall season in 2008.
2. 57 acre community park site (adjacent to the future Prosper ISD athletic stadium, south
side of Frontier Parkway, west of the BNSF Railroad): On May 31, 2007 the PARBd
discussed the possibility of adding six (6) temporary fields on this property and was
provided a cost estimate of approximately $350,000 for this construction. It was decided
by the PARBd that in order to better utilize those funds, the site needed to be master
planned so the improvements on the site could be designed in a manner to maximize the
permanent improvements, limiting the money spent on temporary improvements. Due to
the limited existing funding resources, the development of any temporary fields could
eliminate the development of permanent improvements to Folsom Park and the
Agenda Item No. 4g - Page 1 of 2
matching funds necessary for the grant applications. Staff was directed to move forward
with obtaining a scope of work from a design consultant. At the June 18, 2007 Joint
Work Session with the PISD and Town Council, staff was directed to look at the
possibility of adding temporary fields to the remaining acreage of the school's adjacent
property since the construction of the stadium was not planned for the immediate future.
Staff updated the PARBd at their June 21, 2007 meeting and they agreed to expand the
scope of design work to include the addition of temporary fields adjacent to the 57 acre
community park. On June 27, 2007, Town staff met with a design consultant to discuss
the proposed scope of work for the project. It is anticipated that the various options to
the design contract and estimates of construction costs will be considered by the PARBd
at their July 26, 2007 Meeting after which the PARBd will be able to make a
recommendation on the desired improvements. At this time it is unclear on whether or
not the fields will be ready for play at the 57 acre community park for the fall season in
2008.
Attached Documents:
No attachments.
Town Staff Recommendation:
No action needs to be taken on this item.
Agenda Item No. 4g - Page 2 of 2
pF
riy
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--,SPLR
To: Mayor and Town Council
From: Ron Butler, Finance/Business Manager
Cc: Kevin Carruth, Interim Town Manager
Administration
Re: Prosper Town Council Meeting — July 24, 2007
Date: July 18, 2007
Agenda Item:
Review the Quarterly Investment Portfolio Summary for the quarter ended June 30, 2007 and
provide direction to Town Staff regarding the various fund distribution.
Description of Aqenda Item:
The Quarterly Investment Portfolio Summary as required by the Public Funds Investment Act
and the Town's Investment Policy. The Quarterly Report consists of the Investments Officers'
certification, detail of security holding, change in value of holdings, and earned income for the
quarter from March 31, 2007 through June 30, 2007. Current market value and funds yields
rates are provided in the Detail of Security Holding report page.
Budget Impact:
N/A
Legal Obligations and Review:
N/A
Attached Documents:
Investment Portfolio Summary for quarter ended June 30, 2007.
Board Committee and/or Staff Recommendation:
Town staff recommends that the Town Council review the Investment Portfolio and provide
feedback regarding the Quarterly Report.
Agenda Item No. �h
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FINANCIALS
June, 2007
FINANCIAL REPORTING TABLE OF CONTENTS
UNRECONCILED
1.
INTRODUCTION
2.
FINANCIAL OVERVIEW
CASH OVERVIEW SUMMARY
COMBINED REVENUE & EXPENDITURE
SUMMARY
SUMMARY BY FUND
3.
CASH BALANCES AND GRAPHS
BANK BALANCES
TEXPOOL BALANCE
4.
PROPERTY TAX REPORT AND GRAPHS
PROPERTY TAX REPORT
THREE YEAR PROPERTY TAX COMPARISON
5.
SALES TAX AND GRAPHS
TOTAL SALES TAX COLLECTED
PROSPER SALES TAX ALLOCATION
PEDC SALES TAX ALLOCATION
6.
FINANCIAL SUMMARY -
General Fund
Administration/Comm.
7.
FINANCIAL SUMMARY -
General Fund
Police
8.
FINANCIAL SUMMARY -
General Fund
Fire / EMS
9.
FINANCIAL SUMMARY -
General Fund
Streets
10.
FINANCIAL SUMMARY -
General Fund
Parks & Recreation
11.
FINANCIAL SUMMARY -
General Fund
Court
12.
FINANCIAL SUMMARY -
General Fund
Inspections
13.
FINANCIAL SUMMARY -
General Fund
Planning
14.
FINANCIAL SUMMARY -
Water / Sewer
15.
FINANCIAL SUMMARY -
Interest & Sinking
16.
FINANCIAL SUMMARY -
Park Dedication &
Improvement
17.
FINANCIAL SUMMARY -
Impact Fees
18.
FINANCIAL SUMMARY -
Special Revenue Fund
19.
FINANCIAL SUMMARY -
Capital Projects
2004/2006 Bonds
20.
FINANCIAL SUMMARY -
Economic Development Corporation
To: Mayor, Town Council, and Town Manager
From: Ron Butler, Finance / Business Manager
Re: June, 2007 Financial Reports
The Financial Report on the Town of Prosper for the month of June, 2007 is a reporting of the cash, taxes,
revenues, and expenditures in summary and by department. The Financials are reported as unreconciled
financials.
The Financial reporting format provides information to the council and the departments that reflect the
operation of the Town and the departments on a monthly and year-to-date basis. Visual graphics, current
month operation information, and percentages have been added to help further understand the information
provided.
The June, 2007 Financials indicate that General Fund overall expenditures are below the expected levels
after nine months into the Fiscal Year at 57%. Although some line items in the departments will reflect a
percentage above the expected percentage average, the bottom line percentage is below the average
expected projection of 75%. Total revenues for the General Fund at the nine month period are at 79.30%.
Total property tax collected as of June 30, 2007 is 97.8% of the amount levied. Revenue has increased in
the Court due to increased traffic enforcement thus increasing the amount of the expense for state fine
payments to the State. Planning revenues are up due to an increase in zoning permits and plat fees. The
Water/Sewer Fund has revenues just above the expected average percentage o f75%, while their
expenditures remain below the average projection. With the abundance of rain that has fallen in the area
there has been less water usage by residences for irrigation purposes. Now that the rain is less frequent,
water usage is expected to increase.
Sales tax collections are below the previous year's collections for the same period of time by 19.86% and
is 23.38% less that the projected budgeted average for the current nine month period. A letter from the
Texas Comptroller's Office advised that the Town's sales tax were down due to taxpayers who reported
lower sales and taxpayers who went out of business during the year. Due to State laws, the Comptroller's
Office cannot divulge the taxpayers' names of those who went out of business. Financial information on
revenues and expenditures for the current budget year is being monitored and adjusted to assure that the
Town operations within the limits of the adopted budget. Thus far, operations are within the budget
framework approved.
The Town of Prosper's budget is an annual projected budget and the percentages used to express
projected percentages are guidelines based on a monthly average for the fiscal year. These guidelines may
fluctuate according to budgeted items, department needs, emergency situations and scheduled receipts or
expenditures.
The Town is continuing to working on the installation of the new AMR Fixed Base Meter Reading
System and hopes to be complete around the end of July. The Town will see an increase in efficiency and
customer service satisfaction through the Utility Billing section after completion of the new meter reading
system.
Your comments and suggestions are welcome so that the Finance section can generate reports that are
meaningful and will assist you in your decision making for the Town.
FINANCIAL SUMMARY
Financial Overview
CASH OVERVIEW SUMMARY
COMBINED REVENUE & EXPENDITURE SUMMARY
SUMMARY BY FUND
2
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CASH BALANCES & GRAPHS
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TEXPOOL / TEXSTAR BALANCE
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t0
nw m
ELL M
m
Ua
NI
N
N
U
C
L (Q
y m O
O
amo
om0
C N
OV LL
F- C
O
U
U1
cc
FINANCIAL SUMMARY
PROPERTY TAX REPORT & GRAPHS
PROPERTY TAX REPORT
THREE (3) YEAR PROPERTY TAX COMPARISON
9
TOWN OF PROSPER
PROPERTY TAX COLLECTIONS REPORT
Jun-07
TAX
YEAR
BEGINNING
BALANCE
COLLECTIONS
CHANGES
+/ -
ENDING
BALANCE
TAXES P & I TOTAL
2006
2,831,414.46
2,768,262.64
24,498.19
2,792,760.83
81,475.11
144,626.93
2005
21,003.49
66,130.56
3,897.77
70.028.33
54,796.91
9,669.84
2004
5,682.69
3,261.27
1,452.26
4,713.53
(1,171.90)
1,249.52
2003
766.46
262.17
168.07
430.24
(61.09)
443.20
2002
728.17
66.01
66.01
(60.30)
601.86
2001
2,063.34
0.03
0.03
(1,702.62)
360.72
2000
1,837.56
-
(1,741.14)
96.42
1999
37.08
-
37.08
1998
50.86
-
(27.59)
23.27
1997
31.47
-
31.47
1996
28.64
-
28.64
1995
25.94
-
25.94
1994
102.12
-
102.12
1993
140.81
-
140.81
1992
284,34
-
284.34
1991
227.18
-
227.18
TOTALS
2,864,424.61
2,837,982.65
30,016.32
2,867,998.97
131,507.38
157,949.34
LEVY
@ 10/01/06:
TAL LEVY @ 06/30/07
iLLECTED TO DATE
!COLLECTED TO DATE
OF LEVY COLLECTED BEF. ADJ
OF LEVY (ADJ) COLLECTED
OF LEVY COLUED @ BEF ADJ
OF LEVY COLUED @
2,831,414.46
81,475.11
2,
97
2,867,998.97
VALUATION
TAXABLE PROPERTY @ 10/01/06:
(includes Rendition Penalty)
CHANGES TO ROLL (+/-) :
TAXABLE PROPERTY @ 06/30/07
' Entry changes with each months activity.
DELINQUENT LEVY
LEVY @ 10/01/06:
ADJUSTMENTS
TOTAL LEVY @
COLLECTED TO DATE
UNCOLLECTED TO DATE
OF LEVY BEF ADJ) COLLECTED
OF LEVY (ADJ) COLLECTED
157,949.34
567,194,
137.
583,666,
33,010.15`
50,032.27
83,042.42
69,720.01
13,322.41
211.21
OUTSTANDING CURRENT LEVY
Tax Rate
Levy
Less Collected
Outstanding
Operations(37%) 0.184549%
1,077,691.53
1,024,183.92
53,507.61
Debt Service(63%) 0.314268%
1,835,198.04
1,744,078.72
91,119.32
0.498817%
2,912,889.57
2,768,262.64
144.626.93
0.37
0.63
4 (a)
�>/'�;�.�``'�'„� CLw�',��^`-.�-""t -;��-ti`„- �-^�,. n"h`«-,-�✓c""-�*zC"�„�`^^"����,��,`��.'.e��`�w'�`c-.-�,�r,�`"-'`�r%��K�����"�^��
r
�K
r
y l
Oc 00 pew Janes Fe � � n "_Ol : ug �' e
000 000
�� oo aoo
oa>o 0
s o�000
OsOQ0
a� b A0
00 = 0Q
r
% of Total % of Total % of Total
Month
000 000
�� oo aoo
oa>o 0
s o�000
OsOQ0
a� b A0
00 = 0Q
r
% of Total % of Total % of Total
Month
FY 04/05
Collected
FY 05/06
Collected
Month
FY 06/07
Collected
Oct
$ 12,904.47
0.82%
$
1,187.18
0.07%
Oct
$ 29,457.50
1.03%
Nov
$ 29,279.19
1.86%
$
51,306.76
3.07%
Nov
$ 70,460.97
2.46%
Dec
$ 594,721.95
37.83%
$
665,598.53
39.89%
Dec
$ 906,001.34
31.63%
Jan
$ 433,086.52
27.55%
$
423,246.34
25.36%
Jan
$ 876,903.32
30.61%
Feb
$ 326,359.45
20.76%
$
387,560.32
23.22%
Feb
$ 744,527.90
25.99%
Mar
$ 893153.20
5.67%
$
343578.18
2.07%
Mar
$ 114,929.76
4.01%
Apr
$ 12,644.95
0.80%
$
28,827.86
1.73%
Apr
$ 46,745.77
1.63%
May
$ 15,854.95
1.01%
$
17,896.93
1.07%
May
$ 43,138.91
1.51%
June
$ 27,891.01
1.77%
$
26,630.43
1.60%
June
$ 353827.45
1.25%
July
$ 17,269.82
1.10%
$
23,375.92
1.40%
July
0.00%
Aug
$ 9,199.84
0.59%,
$
73195.32
0.43%
Aug
0.00%
Sept
$ 3,580.31
0.23%
$
6,076.11
0.36%
Sept
0.00%
YTD Totals $ 1,571,945.66 100.00% $ 1,673,479.88 100.28%
$ 2,867,992.92 100.12% Collected YTD
$ 2,864,424.61 Total taxes due
includes delinquent
4 (b)
FINANCIAL SUMMARY
SALES TAX & GRAPHS
TOTAL SALES TAX COLLECTED
PROSPER SALES TAX ALLOCATION
PEDC SALES TAX ALLOCATION
5
I — FY 04/05 — FY 05/06 — FY 06/07 6
$ Amount
% of Change
$ Amount
% of Change
Month
FY 04/05
FY O5/06
Inc / Dec
Inc / Dec
FY 06/07
Inc / Dec
Inc /(Dec)
Oct
$
162,388.64
$
196,881.25
$
34,492.61
21.24%
$
166,712.63
$
(30,168.62)
-15.32%
Nov
$
117,254.15
$
170,412.36
$
53,158.21
45.34%
$
141,697.21
$
(28,715.15)
-16.85%
Dec
$
88,775.79
$
167,516.79
$
78,741.00
88.70%
$
116,018.11
$
(51,498.68)
-30.74%
Jan
$
135,443.33
$
160,464.80
$
25,021.47
18.47%
$
146,262.04
$
(14,202.76)
-8.85%
Feb
$
127,490.60
$
165,611.73
$
38,121.13
29.90%
$
119,028.30
$
(46,583.43)
-28.13%
Mar
$
126,874.48
$
140,085.12
$
13,210.64
10.41%
$
124,929.81
$
(15,155.31)
-10.82°%
Apr
$
186,359.44
$
196,971.39
$
10,611.95
5.69%
$
96,866.94
$
(100,104.45)
-50.82%
May
$
171,336.62
$
180,523.03
$
9,186.41
5.36%
$
196,793.13
$
16,270.10
9,01%
June
$
169,918.38
$
166,563.38
$
(3,355.00)
-1.97%
$
129,919.29
$
(36,644.09)
-22.00%
July
$
205,130.37
$
178,924.32
$
(26,206.05)
-12.78%
0.00%
Aug
$
179,536.87
$
130,518.50
$
(49,018.37)
-27.30%
0.00%
Sept
$
203,898.91
$
154,215.18
$
(49,683.73)
-24.37%
0.00%
Totals $ 1,874,407.58 $ 2,008,687.85 $ 134,280.27 7.16% $ 1,238,227.46 $ (306,802.39)-19.86%
5 (a\
Town Share
Town Share
$ Amount
% of Change
Town Share
$ Amount
% of Change
Month
FY 04/05
FY 05/06
Inc / Dec
Inc / Dec
Fv 06/07
Inc / Dec
Inc /(Dec)
Oct
$
121,791.48
$
147,660.94
$
25,869.46
21.24%
$
125,034.47
$
(22,626.47)
-15.32%
Nov
$
87,940.61
$
127,809.27
$
39,868.66
45.34%
$
106,272.91
$
(21,536.36)
-16.85%
Dec
$
66,581.84
$
125,637.59
$
59,055.75
88.70%
$
87,013.58
$
(38,624.01)
-30.74%
Jan
$
101,582.50
$
120,348.60
$
18,766.10
18.47%
$
109,696.53
$
(10,652.07)
-8.85%
Feb
$
95,617.96
$
124,208.80
$
28,590.84
29.90%
$
89,271.23
$
(34,937.58)
-28.13%
Mar
$
95,155.86
$
105,063.84
$
9,907.98
10.41%
$
93,697.36
$
(11,366.48)
-10.82%
Apr
$
139,769.58
$
147,728.54
$
7,958.96
5.69%
$
72,650.21
$
(75,078.34)
-50.82%
May
$
128,502.47
$
135,392.27
$
6,889.80
5.36%
$
147,594.85
$
12,202.58
9.01%
June
$
127,438.79
$
124,922.54
$
(2,516.25)
-1.97%
$
97,439.47
$
(27,483.07)
-22.00%,
July
$
153,847.79
$
134,193.24
$
(19,654.55)
-12.78%
0.00%
Aug
$
134,652.65
$
97,888.88
$
(36,763.77)
-27.30%
0.00%
Sept
$
152,924.18
$
115,661.39
$
(37,262.79)
-24.37%
0.00%
YTD Totals $ 1,405,805.71 $ 1,506,515.90 $ 100,710.19 7.16% $ 928,670.60 $(230,101.80)-19.86%
$ 1,602,000.00 Budgeted Sales Tax
NOTE: Sales tax was projected at an average of $133,500 / mo. Based on the average, sales tax is 28% less than
projected for this 8 month period.
Budgeted: $133,500 / mo average
Averging: $103,186 / mo
(23.38) %
5 (b)
1 0 FY 04/05 -0- FY 05/06 -0- FY 06/07 I
EDC Share
EDC Share
$ Amount
% of Change
EDC Share
$ Amount
% of Change
Month
FY 04/05
FY 05/06
Inc / Dec
Inc / Dec
FY 06/07
Inc / Dec
Inc /(Dec)
Oct
$
40,597.16
$
49,220.31
$
8,623.15
21.24%
$
41,678.16
$ (7,542.15)
-15.32%
Nov
$
29,313.54
$
42,603.09
$
13,289.55
45.34%
$
35,424.30
$ (7,178.79)
-16.85%
Dec
$
22,193.95
$
41,879.20
$
19,685.25
88.70%
$
29,004.53
$ (12,874.67)
-30.74%
Jan
$
33,860.83
$
40,116.20
$
6,255.37
18.47%
$
36,565.51
$ (3,550.69)
-8.85%
Feb
$
31,872.65
$
41,402.93
$
9,530.28
29.90%
$
29,757.08
$ (11,645.86)
-28.13%
Mar
$
31,718.62
$
35,021.28
$
3,302.66
10.41%
$
31,232.45
$ (3,788.83)
-10.82%
Apr
$
46,589.86
$
49,242.85
$
2,652.99
5.69%
$
24,216.74
$ (25,026.12)
-50.82%
May
$
42,834.16
$
45,130.76
$
2,296.60
5.36%
$
49,198.28
$ 4,067.52
9.01%
June
$
42,479.60
$
41,640.85
$
(838.75)
-1.97%
$
32,479.82
$ (9,161.03)
-22.00%
July
$
51,282.59
$
44,731.08
$
(6,551.51)
-12.78%
0.00%
Aug
$
44,884.22
$
32,629.63
$
(12,254.59)
-27.30%
0.00%
Sept
$
50,974.73
$
38,553.80
$
(12,420.93)
-24.37%
0.00%
YTD Totals $468,601.91 $502,171.98 $ 33,570.07 7.16%
$309,556.87 $ (76,700.61)-19.86%
$ 500,000.00 Budgeted Sales Tax
5(c)
FINANCIAL SUMMARY
General Fund
Administration / Communications
0
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FINANCIAL SUMMARY
General Fund
Police
VA
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FINANCIAL SUMMARY
General Fund
Fire / EMS
0
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FINANCIAL SUMMARY
General Fund
Streets
N;
M
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K
TOWN OF
2004 BOND
On January 13, 2004, the Town Council adopted a resolution directing that notice be published of the
Council's intent to sell $10,500,000 of the Town's Combination Tax and Revenue Certificates of
Obligation to fund capital expenditures of the Town. The Council's resolution specifies the following uses
for the proceeds received from the sale of the Certificates of Obligation:
1. To pay costs of extending, constructing and improving Town's sewer system, including,
constructing sewage lift stations, extending and upgrading sewage collection lines and force
mains throughout the Town.
2. To pay costs of constructing and improving the Town's water system, including the
construction of elevated and ground water storage facilities and acquiring interests in land for
such storage facilities, extending the water distribution system including extending and
upgrading water lines and constructing pumping stations to improve access to, and the flow
of water in, the Town.
3. To pay costs of constructing and equipping municipal park improvements and acquiring
interests in land for parks and open space.
4. To pay legal, fiscal, engineering and architectural fees in connection with the foregoing
projects.
5. To pay costs of constructing and equipping municipal buildings, specifically: a town hall, fire
stations, police facilities, court facilities and acquiring interests in land for such buildings.
In connection with the Town's capital planning for these projects, the Town Staff has prepared for the
Council a proposed expenditure plan, which is summarized below. The capital plan summarized below
is based upon current cost estimates and proposed construction schedules, and the expenditure plan is
subject to change.
However, under State law, the Town may not use the proceeds of the Certificates of Obligation except for
the project categories included in the resolution adopted by the Council that are listed above. The Town
Council has indicated that the Town will periodically account to the citizens of the Town, using the Town
web site and other means of informing the citizens, as to how the proceeds of the Certificates of
Obligation are spent.
The following table will be used to report expenditures. The table lists descriptions of projects and their
estimated costs. In the future as expenditures are made, the table will be updated to describe the
expenditures, the amount of the expenditure, and the difference between the estimated and actual costs.
Difference
Description of Project
Date of
Description of
Amount
between
and
Estimated Cost
Expenditure
Expenditure
Expended
Estimated Cost
and Amount
Ex ended
Fire Station
Pogue Construction
$100,000.00
$ 130,248.00
$409;909
Pogue Construction
$ 25,174.00
$ 105,074.00
$230,248
12/9/04
Pogue Construction
$ 85,957.00
$ 19,117.00
07/31/06
$ 19,116.55
$ .45
Total
$230,247.55
Status: The Town's new Central Fire Station was completed in July. A grand opening ceremony was
held on September 26, 2004. This project requires no additional funding from the 2004 Certificates of
Obligation.
Gentle Creek Lift Station
10/27/04
Dickerson Construction
$ 224,505.43
$1,055,494.57
and Force Main to WWTP
11/9/04
Dickerson Construction
$ 80,256.00
$ 975,238.57
and CR 80 Lift Station and
12/21/04
Dickerson Construction
$ 218,217.85
$ 757,020.72
Force Main to CR 122
04/05/05
Dickerson Construction
$ 334,074.91
$ 422,945.81
$1,280,000
06/20/05
Dickerson Construction
$ 124,446.54
$ 298,499.27
07/18/05
Freese & Nichols
$ 5,304.00
$ 293,195.27
08/04/05
Freese & Nichols
$ 11,328.00
$ 281,867.27
08/04/05
Dickerson Construction
$ 172,255.89
$ 109,611.38
9/13/05
Dickerson Construction
$ 68,447.50
$ 41,163.88
9/13/05
Freese & Nichols
$ 20,400.00
$ 20,763.88
9/30/05
Freese & Nichols
$ 10,584.00
$ 10,179.88
01/31/06
Dickerson Construction
$ 10,179.88
$ 0
$1,280,000.00
Total
Status: The Town retained Dickerson Construction Company to construct the Gentle Creek and
Steeplechase Sewer Improvement Project. A sewer force main has been extended from the Gentle Creek
subdivision along CR 122, CR 81, CR 48, and CR 4 to the Town's wastewater treatment plant, a sewer
gravity line was constructed from the Steeplechase subdivision past CR 80 to the east property line of the
Whispering Farms subdivision, and a lift station and sewer line have been constructed near the east
property line of Whispering Farms to force the sewage north to CR 122. The Town Council will be asked to
accept all of these improvements at their July 25 meeting.
Danville/Prosper Water
Improvements
$84,000
Status: A portion of east Prosper currently receives water from the Danville Water Supply District. After
several years, the TCEQ approved the amendment to CCN No. 12967 and the transfer of a portion of the
service area of CCN No. 10190 from Danville Water Supply Corporation to Prosper, making the Town the
water service provider for all of east Prosper. The transfer will involve capping a number of lines, closing a
number of valves, and constructing a number of new water lines. Freese & Nichols has recommended that
the work be postponed until this fall due to the additional demand that will be placed on the Town's water
system by the additional customers. Town staff is working with Freese & Nichols to prepare a plan for this
project that will allow the improvements to be completed just as soon as the summer demand lessens.
Water Storage Tanks and
11/30/05
Freese & Nichols
$ 10,841.86
$ 8,313,875.14
Pump Station at US 380
12/16/05
Freese & Nichols
$ 22,116.57
$ 8,291,758.57
between Independence
01/16/06
TXU (Easements)
$ 500.00
$ 8,291,258.57
Parkway & Custer Road
01/20/06
Freese & Nichols
$ 95,154.97
$ 8,196,103.60
$8 046,400
02/03/06
Freese & Nichols
$ 110,250.00
$ 8,085,853.60
$8,324,717
02/20/06
Freese & Nichols
$ 11,537.24
$ 8,074,316.36
03/15/06
Freese & Nichols
$ 7,047.73
$ 8,067,268.63
03/15/06
Freese & Nichols
$ 120,015.00
$ 7,947,253.63
04/07/06
Freese & Nichols
$ 74,235.00
$ 7,873,018.63
04/07/06
Freese & Nichols
$ 15,971.38
$ 7,857,047.25
05/15/06
Freese & Nichols
$ 52,500.00
$ 7,804,547.25
05/15/06
Freese & Nichols
$ 5,837.97
$ 7,798,709.28
07/24/06
Freese & Nichols
$ 5,341.73
$ 7,793,367.55
07/24/06
Red River Const
$ 183,389.06
$ 7,609,978.49
08/15/06
Red River Const
$ 252,424.91
$ 7,357,553.58
08/15/06
Freese & Nichols
$ 5,046.10
$ 7,352,507.48
09/30/06
Freese & Nichols
$ 13,112.88
$ 7,339,394.60
09/30/06
Red River Const
$ 849,635.61
$ 6,489,758.99
09/30/06
Red River Const
$ 494,082.78
$ 5,995,676.21
11/19/06
Red River Const
$ 594,002.29
$ 5,401,673.92
11/10/06
Spiars Engineering
$ 1,850.00
$ 5,399,823.92
11/10/06
Freese & Nichols
$ 2,196.90
$ 5,397,627.02
11/10/06
Freese & Nichols
$ 5,432.71
$ 5,392,194.31
12/05/06
W.R Hodgson
$ 764,091.11
$ 4,628,103.20
12/13/06
Red River Const
$ 950,626.97
$ 3,677,476.23
12/13/06
Freese & Nichols
$ 5,423.23
$ 3,672,053.00
12/13/06
Freese & Nichols
$ 3,417.40
$ 3,668,635.60
1/05/07
W. R. Hodgson
$ 199,378.94
$ 3,469,256.66
1/05/07
W. R. Hodgson
$ 496,636.25
$ 2,972,620.41
1/19/07
Freese & Nichols
$ 5,635.02
$ 2,966,985.39
1/19/07
Freese & Nichols
$ 2,704.08
$ 2,964,281.31
1/19/07
Red River Const
$ 260,195.39
$ 2,704,085.92
1/23/07
W. R. Hodgson
$ 50,567.55
$ 2,653,518.37
2/12/07
Freese & Nichols
$ 3,176.40
$ 2,650,341.97
2/12/07
Freese & Nichols
$ 5,568.24
$ 2,644,773.73
2/12/07
Red River Const
$ 282,792.75
$ 2,361,980.98
2/23/07
W. R. Hodgson
$ 425,850.80
$ 1,936,130.18
2/27/07
Freese & Nichols
$ 5,000.00
$ 1,931,130.18
3/13/07
W. R. Hodgson
$ 253,116.72
$ 1,678,013.46
3/13/07
Red River Const
$ 265,950.24
$ 1,412,063.22
04/09/07
Freese & Nichols
$ 992.49
$ 1,411,070.73
04/09/07
Freese & Nichols
$ 4,972.42
$ 1,406,098.31
04/09/07
W. R. Hodgson
$ 104,328.05
$ 1,301,770.26
04/09/07
Red River Const
$ 620,934.67
$ 680,835.59
04/10/07
Spiars Engineering
$ 475.00
$ 680,360.59
05/02/07
Freese & Nichols
$ 3,806.38
$ 676,554.21
05/02/07
Freese & Nichols
$ 6,147.40
$ 670,406.81
05/02/07
Red River Const
$ 166,514.45
$ 503,892.36
06/20/07
Freese & Nichols
$ 12,869.13
$ 491,023.23
06/20/07
W. R. Hodgson
$ 27,113.00
$ 463,910.23
06/25/07
Home Depot
$ 223.46
$ 463,686.77
Status: The Town has entered into a contract with the North Texas Municipal Water District (NTMW D) to
provide the Town with another source of surface water. The Town has executed contracts with Red River
Construction to construct a 3 MG ground water storage tank and pump station and with Hodgson to
construct a 30" water line to receive and distribute the surface water to be received from the NTMWD at a
site near the intersection of Custer Road / US 380. The project is scheduled to be complete in the Spring of
2007.
Town Facilities (Town Hall,
Perkins & Will
$ 23,339.56
$ 48,849.12
Police/Courts, Fire Station,
11/8/04
Perkins & Will
$ 36,600.00
$ 12,249.12
etc)
09/30/05
Randal Scott
$ 12,249.12
$ 0
$2'808800
$72,188.68
Total
$ 72,188.68
Status: To meet its current need for facilities, the Town has relocated its Police Department to 113 W.
Broadway and purchased a building at 121 W. Broadway to serve as Town Hall. The construction of
additional facilities is on hold.
Other
2/9/07
City of Frisco
$5,000.00
$503,846.32
$ 508,846.32
3/27/07
Randall Scott Architects
$7,300.00
$496,546.32
05/22/07
Randall Scott Architects
$6,000.00
$490,546.32
Status: A number of projects originally scheduled to be funded by the 2004 Bond proceeds were
reprioritized to reallocate funds to the project to construct a 3 MG ground water storage tank, a pump station,
and a 30" water line. These funds are anticipated to be used for a number of pending expenditures,
including potential facility improvements, site acquisition for elevated water towers, and contributions
towards several development driven water and sewer projects.
Total Bond Expenditures
$10,500,000.00 $9,461,766.46
Interest
General Ledger: FY 03/04 Expense $ 436,766.99
FY 04/05 Expense
$ 1,116,373.81
FY 05/06 Expense
$ 2,358,336.22
FY 06/07 Expense
$ 5,550,289.44
Total Expenses
$ 9,461,766.46
Balance
$1,038,233.54
$ 821.468.02
$1,859,701.56
s� e
W TON O F
2006 BOND
On July 25, 2006, the Town Council adopted a resolution directing that notice be published of the
Council's intent to sell $12,000,000 of the Town's Combination Tax and Revenue Certificates of
Obligation to fund capital expenditures of the Town. The Council's resolution specifies the following uses
for the proceeds received from the sale of the Certificates of Obligation:
1. To pay costs of constructing and improving the Town's water system, including the
construction of an elevated water storage tank and water distribution line.
2. To pay costs of acquiring, constructing and equipping municipal park improvements and open
space.
3. To pay costs of constructing and improving roads and streets in the Town and related
infrastructure.
4. To pay costs of extending, constructing and improving the Town's sewer system.
5. To pay costs of acquiring land and interests in land as may be required in connection with the
purposes as described in 1 through 5.
6. To pay legal, fiscal, engineering and architectural fees in connection with the foregoing
projects.
In connection with the Town's capital planning for these projects, the Town Staff has prepared for the
Council a proposed expenditure plan, which is summarized below. The capital plan summarized below
is based upon current cost estimates and proposed construction schedules, and the expenditure plan is
subject to change.
However, under State law, the Town may not use the proceeds of the Certificates of Obligation except for
the project categories included in the resolution adopted by the Council that are listed above.
The following table will be used to report expenditures. The table lists descriptions of projects and their
estimated costs. In the future as expenditures are made, the table will be updated to describe the
expenditures, the amount of the expenditure, and the difference between the estimated and actual costs.
Difference
Description of Project
Date of
Description of
Amount
between
and
Estimated Cost
Expenditure
Expenditure
Expended
Estimated Cost
and Amount
Expended
Project:
12/13/06
Freese & Nichols
$ 5,457.81
$6,167,542.19
1.5 MG Elevated Storage
12/13/06
Freese & Nichols
$ 3,351.81
$6,164,190.38
Tank and 13' Street 20"
01/19/07
Freese & Nichols
$ 6,811.20
$6,157,379.18
Water Line
01/19/07
Freese & Nichols
$ 9,519.69
$6,147,859.49
$6,173,000
02/15/07
Freese & Nichols
$ 18,945.13
$6,128,914.36
02/15/07
Freese & Nichols
$ 21,622.24
$6,107,292.12
02/27/07
Freese & Nichols
$ 53,452.37
$6,053,839.75
02/27/07
Freese & Nichols
$ 1,533.92
$6,052,305.83
03/19/07
G.M. Geer
$ 1,350.00
$6,050,955.83
03//06/07
Mooreland Fd III 380
$ 477,850.00
$5,573,105.83
04/10/07
Freese & Nichols
$ 920.00
$5,572,185.83
05/02/07
Freese & Nichols
$ 18,181.50
$5,554,004.33
06/14/07
TXU
$ 250.00
$5,553,754.33
06/30/07
Freese & Nichols
$ 42,957.60
$5,510,796.73
Status: The 1.5 MG elevated storage tank has had the design for it completed and bid for the project went
out and is expected to be awarded at the Council meeting June 26, 2007. The is` 20" pipeline design is
complete and is out for bids. The bid is anticipated to be awarded at the July 24, 2007 Council meeting.
Project:
03/06/07
LandAmerica Wilson
$2,005,400.00
$
0
Community Park
$3,041'500
6/20/07
Grant Reimbursement
$
500,000.00
$2,005,400
Status: March 9, 2007, Purchased 57 acres of land from PISD.
Project: --
Improve Prosper Trail to a
four lane divided roadway
from Preston Rd to Coleman.
$2,800,000
Status: The Town has requested monetary consideration from Collin County for 50%
matching funds on
their November, 2007 bond election.
Project:
3/21/07
UTRW
$
62,500.00
$
801,220.00
Other:
04/24/07
Ferguson (6" Line)
$
10,594.79
$
790,625.21
$863,720 -
04/24/07
Keys Tapping(6" line)
$
180.00
$
790,445.21
04/24/07
Barbosa Const(6" line)
$
31,500.00
$
758,945.21
05/31/07
Keys Tapping (6" line)
$
195.00
$
758,750.21
05/31/07
Texas Meter
$
441.60
$
758,308.61
05/31/07
Barbosa Const(6" line)
$
7,500.00
$
750,808.61
05/31/07
Home Depot
$
192.50
$
750,616.11
05/31/07
Barbosa Const(6" line)
$
3,500.00
$
747,116.11
05/31/07
Ferguson Waterworks
$
1,028.80
$
746,087.31
05/31/07
Ferguson Waterworks
$
347.19
$
745,740.12
05/31/07
Ferguson Waterworks
$
45.00
$
745,695.12
05/31/07
Texas Meter
$
235.56
1 $
745,459.56
Status: The 6" pipeline from Coleman to Church is complete. The fee to
UTRW is to have Prosper included
the the study for the Doe Branch wastewater treatment plant.
Project:
Interest:
$380,584.02
Status:
Total Bond Expenditures
$11,842,119.98 $ 2,285,863.71
General Ledger: FY 06/07 Expense $2,285,863.71
Total Expenses $2,285,863.71
Interest
53,208.28
51,608.24
53,754.19
53,867.57
48,776.01
45,488.76
41,108.26
42,320.20
41,981.01
(51,528.50) Due to I & S
Balance
$ 9,556,256.27
380,584.02
$ 9,936,840.29
380,584.02
LTOWN •
t!x
FINANCIAL SUMMARY
Economic Development Corp.
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4
PROCLAMATION
TOWN OF PROSPER NATIONAL NIGHT OUT 2007
WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique,
nationwide crime, drug and violence prevention program on August 7, 2007 entitled "National
Night Out"; and
WHEREAS, the "24`h Annual National Night Out" provides a unique opportunity for the
Town of Prosper to join forces with thousands of other communities across the country in
promoting cooperative, police -community crime prevention efforts; and
WHEREAS, the Prosper Police and Fire Departments play a vital role through joint
crime, drug and violence prevention efforts in the Town of Prosper and is supporting "National
Night Out" locally; and
WHEREAS, it is essential that all citizens of the Town of Prosper be aware of the
importance of crime prevention programs and impact their participation can have on reducing
crime, drugs and violence in the Town of Prosper; and
WHEREAS, police -community partnerships, neighborhood safety, awareness and
cooperation are important themes of the "National Night Out" program;
NOW, THEREFORE I, CHARLES NISWANGER, MAYOR, do hereby call upon all
citizens of the Town of Prosper to join the Prosper Police and Fire Departments and the National
Association of Town Watch in supporting "20' Annual National Night Out" on August 7, 2007.
FURTHER, LET IT BE RESOLVED THAT, I, CHARLES NISWANGER, MAYOR, do
hereby proclaim Tuesday, August 7, 2007 as "NATIONAL NIGHT OUT" in the Town of
Prosper.
Charles Niswanger, Mayor
Matthew Denton, TRMC
City Secretary
Il
PLANNING
OWN OF Se r-.'f R
To: Mayor and Town Council
From: Chris Copple, Development and Parks Planner
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — July 24, 2007
Date: July 19, 2007
Agenda Item:
A public hearing to consider and act upon a request to rezone 24.3± acres on the southeast
corner of Dallas Parkway and First Street, from Single Family-15 (SF-15) and Agricultural (A) to
Commercial Corridor (CC). (Z07-13).
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning
Current Land Use
Future Land Use Plan
North
ETJ
Undeveloped
Tollway District/Regional
Retail
East
ETJ
Undeveloped
Tollway District
South
Commercial Corridor
Undeveloped
Tollway District
West
Commercial Corridor,
Single Family-15, and
ETJ
Nursery, Major;
Undeveloped
Tollway District
Requested Zoning — Z07-12 is a request to rezone 24.3± acres on the southeast corner of
Dallas Parkway and First Street, from Single Family-15 (SF-15) and Agricultural (A) to
Commercial Corridor (CC).
Future Land Use Plan — The Future Land Use Plan (FLUP) recommends Tollway District uses
for the property. The Tollway District is designed for commercial, mixed -use, and high -density
residential uses. Commercial Corridor zoning is appropriate in the Tollway District and allows for
the opportunity of a mix of commercial, retail, service, and office uses. The zoning request
conforms to the FLUP.
Conformance to the Future Thoroughfare Plan — The property is adjacent to Dallas Parkway
and West First Street. Dallas Parkway is a future two lane access road to serve the Dallas
Agenda Item No. 8 - Page 1 of 2
North Tollway and West First Street is a future four -lane divided thoroughfare. The future
thoroughfare locations are for illustration purposes only. The zoning exhibit complies with the
Future Thoroughfare Plan.
Water and Sanitary Sewer Services — A 12 inch water line has been extended to the property
along Dallas Parkway. Sanitary sewer service is currently not available to the property. As part
of the development of the property, the Town will require the development to extend an
adequate sewer line to serve the property in conformance with the Town's Water and
Wastewater Master Plan.
Access — Access to the property will be provided from Dallas Parkway and West First Street.
Adequate access is provided to the property.
Schools — This property is located within the Prosper Independent School District (PISD).
Schools are generally located in residential areas. Due to the proposed non-residential
development of this property, it is not anticipated that a school site will be needed on this
property.
Parks — Neighborhood parks are typically located within residential neighborhoods and away
from major thoroughfares. This property is not an ideal location for a park due to its proximity to
Dallas Parkway and West First Street and due to the requested zoning. It is not anticipated that
this property will be needed for the development of a park.
Environmental Considerations — 100-year flood plain is located on the property. Exhibit A shows
the location of the 100-year floodplain.
Budget Impact:
There are no significant budget implications associated with the approval of this zoning request.
Leval Obligations and Review:
Zoning is discretionary. Therefore, the Town Council is not obligated to approve the request.
Notification was provided to neighboring property owners as required by State law. Staff has
received one reply form from neighboring property owners.
Attached Documents:
1. Zoning Exhibit A.
2. Public hearing notice reply form.
Planning & Zoning Commission Recommendation:
At their July 3, 2007 meeting, the Planning & Zoning Commission recommended that the Town
Council approve the requested zoning by a vote of 4-0.
Town Staff Recommendation:
Town staff recommends that the Town Council approve the requested zoning as Commercial
Corridor (CC).
Agenda Item No. 8 - Page 2 of 2
n��
E6
TOWN OF
Pp
E R,
REPLY FORM
PLANNING DEPARTMENT
P.O. Box 307
Prosper, TX 75078
Phone: 972-346-3502
Fax: 972-347-9006
SUBJECT:
Zoning Case Z07-13: The Town of Prosper has received an application to rezone 24.3t acres from Single Family-
15 (SF-15) and Agricultural (A) to Commercial Corridor (CC).
LOCATION OF SUBJECT PROPERTY:
The property is located on the southeast comer of Dallas Parkway and First Street.
DESCRIPTION OF THE REQUEST:
The requested zoning would allow the development of light manufacturing, warehousing, wholesaling, and office
type uses on the property.
❑ I OPPOSE the request as described in the notice of public hearing.
nY I DO NOT OPPOSE the request as described in the notice of public hearing.
COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY):
VZv1
N me (please print)
Address `f>
e004,� 1 X -77?
City, State, and Zip Code
g ��
ature
y D7
Date
°l 4p,"
E-mail Address
ENGINEERING
TOWN OF
S.& R
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Kevin Carruth, Interim Town Manger
Re: Town Council Meeting —July 24, 2007
Date: July 20, 2007
Agenda Item:
Consider and act upon 1) an award of bid to Four D Construction, Inc., 2) enter into a contract
agreement with Four D Construction, Inc., regarding the construction services for the First
Street 20" Waterline (Craig Street to Coit Road) and 3) approve a resolution authorizing the
Interim Town Manager to execute the same.
Description of Agenda Item:
On July 12, 2007 at 2:05pm, twelve (12) bids were opened for the First Street 20" Waterline
Project. Since the bids proposals included both PVC and Ductile Iron Pipe material options,
there were two (2) apparent low bidders. Four D Construction, Inc., was the low bidder for the
PVC Pipe option at $1,185,459.70 and Wright Construction at $1,351,778.60 for the Ductile Iron
option. Staff is recommending the PVC Pipe option be awarded.
Budget Impact:
The total cost of the construction contract is $1,185,459.70 and will be funded from the 2006 CO
Bonds. $2,048,640 is currently funded by the 2006 Certificates of Obligation Bond.
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:
• Bid Tabulations
• Copy of Contract Agreement
• Letter of Recommendation from Freese and Nichols, Inc.
• Resolution authorizing the Interim Town Manager to execute the agreement
Board. Committee and/or Staff Recommendation:
Town staff recommends that the Town Council: 1) approve the bid to Four D Construction, Inc.,
in the amount of $1,185,459.70, 2) enter into a contract agreement with Four D Construction,
Inc., regarding the construction services for the First Street 20" Waterline (Craig Street to Coit
Road) and 3) approve a resolution authorizing the Interim Town Manager to execute the same.
Agenda Item No. 9. Page 1 of 1
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Freese
Engineers Environmental Scientists Architects
N1C�l0tS, Inc.
116 North Tennessee, Suite 200 McKinney, TX 75069 972 548-2400 972 548-1055 fax www.freese.com
July 17, 2007
Hulon T. Webb, Jr., P.E.
Town Engineer
Town of Prosper, Texas
P.O. Box 307
Prosper, Texas 75078
RE: Recommendation of Award for 1st Street 20" Waterline
Dear Mr. Webb:
Bids were received for the above -referenced project on Thursday July 12, 2007,
and a total of twelve bids were received.
Bidders were required to submit prices for two pipe material options to take
advantage of competitive pricing between the ductile iron and PVC pipe
manufacturers. The table below summarizes the total amount of the bids
received on the pipe material options, and a comprehensive bid tabulation is also
attached to this letter.
Contractor
PVC Pipe Option
Ductile Iron
Pipe Option
KCK Utility Construction, Inc.
$1,542,124.80
$1,662,630.65
Texas United Excavators
$1,455,984.00
$1,599,216.00
Fox Contractors, Inc
$1,394,226.90
$1,530,378.85
Jackson Construction, Ltd.
$1,391,065.80
$1,512,796.30
Dickerson Construction Co. Inc.
$1,591,521.00
$1,662,765.00
C. W. Young Construction, L.P.
$1,240,359.95
$1,375,819.00
WhiteWater Construction, Inc.
$1,552,753.00
$1,647,923.00
Wilson Contractor Services, LLC
$1,510,461.00
$1,616,712.50
W.R. Hodgson Co., L.P.
$1,602,757.05
$1,826,373.30
Four D Construction, Inc.
$1,185,459.70
$1,452,904.35
Metro lex Underground, L.P.
$1,192,811.00
$1,658,675.00
Wri ht Construction Co, Inc.
$1 230,152,00
$1,351,778.60
Four D Construction's bid for the PVC pipe option was the lowest responsive bid
for that pipe material and Wright Construction's bid was the lowest responsive
[PRP06373}T;\couespondeneeRVL Rec_Let_Award 7-17-07.doe
July 17, 2007
Page 2 of 2
bid for the ductile iron pipe option. After discussions with Town staff, they
selected to proceed with the PVC pipe option.
Freese & Nichols has worked with Four D Construction on previous projects and
their references we contacted feel they are a quality company. Therefore, we
feel there is no reason that Four D Construction cannot perform the work as
required.
Based on the results presented above, we recommend the Town of Prosper
award the construction contract to Four D Construction for the PVC Pipe option
in the amount of $1,185,459.70.
Sincerely,
Freese and Nichols;.Tnc)
Jeff Payne, P.
Project Manager
Attachments:
; Comprehensive Bid Tab
cc: PRP06373 file
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TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE INTERIM TOWN
MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A
CONTRACT AGREEMENT FOR CONSTRUCTION SERVICES FOR
THE FIRST STREET 20" WATERLINE (CRAIG STREET TO COIT
ROAD), BETWEEN FOUR D CONSTRUCTION, INC., AND THE TOWN
OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Interim 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 contract agreement for construction services for the First Street 20" Waterline
(Craig Street to Coit Road), between Four D Construction, Inc., and the Town of
Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 241h day of July, 2007.
Kevin Carruth, Interim Town Manager
ATTEST TO:
Matthew Denton, TRMC
Town Secretary
00500 CONTRACT AGREEMENT AND BONDS
STATE OF TEXAS
COUNTY OF §
THIS AGREEMENT, made and entered into this day of
and between
of the County of
through thereunto duly authorized so to do,
OWNER, and of the City of
, Party of the Second Part, hereinafter termed
WITNESSETH: That for and in con '
mentioned, to be made and performed by the y o
expressed in the bonds bearing even date with, the
hereby agrees with the said Party of the F' OWNE
certain improvements described as follow :
and all extra work in
Agreement; and at his
equipment, tools, sul
complete the said con
hereto, and in ccord<
the Notice to B ers
Bonds, all e
other nos an
D., 20_, by
State of Texas, acting
ibf the First I
hereinafter termed the
f and State of
the ter stated in the General Conditions of the
o pens
insu nd oth es and serv
ce with di
oral Condi f the Agr ent, the Supplementary
ids), Instruc to Bid s, and the Perf
ce with the
planatory ma
by FREESE AND INC., herein e
by the CONTRACTOR NGINEER, f which are made a part
and constitute the entire co
to commence work on or after the date established for the start of
nence work and to substantially complete all work within the time
isions of time as are provided by the General and Supplementary
e CONTRACTOR hereby
e t all the materials, supplies, machinery,
ices necessary to
tions a s stated in the Proposal attached
Conditions,
ormance and Payment
which includes all maps; plats, blueprints, and
thereof, and the Specifications therefore, as
ed the ENGINEER, each of which has been
hereof and collectively
CONTRACTOR in current funds the price or prices shown in the
Contract, such payments to be subject to the General and
No assignment by a party hereto of any rights under or interests in the Contract will be binding on
another party hereto without the written consent of the party sought to be bound; and, specifically but without
limitation, moneys that may become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to
the contrary in any written consent to an assignment, no assignment will release or discharge the assignor
from any duty or responsibility under the Contract Documents.
OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives in
respect to all covenants, agreements, and obligations contained in the Contract Documents.
Contract Agreement 00500-1
Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
IN WITNESS WHEREOF, the parties to these presents have execute this Agreement in the year
and day first above written.
ATTEST:
ATTEST:
the First Pam. OWNER
anaq
(please type
(SEAL)
of the Second Part, CONTRACTOR
Name and Title
(please type or print)
(SEAL)
Contract Agreement 00500-2
ENGINEERING
TOWN OF
To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
CC: Kevin Carruth, Interim Town Manger
Re: Town Council Meeting — July 24, 2007
Date: July 20, 2007
Agenda Item:
Consider and act upon 1) an award of bid of Prosper Road Improvement Project 2007, 2) enter
into a contract agreement with Low bidder, regarding the construction services for Prosper Road
Improvement Project 2007 (First Street, Third Street, Sixth Street, Seventh Street and Collin
Green) and 3) approve a resolution authorizing the Interim Town Manager to execute the same.
Description of Agenda Item:
On July 10, 2007 at 2:05pm, twelve (4) bids were opened for the Prosper Road Improvement
Project 2007. Since the bids proposals included both Concrete paving and Asphalt with lime
stabilized subgrade, there were two (2) apparent low bidders. Quality Excavation was low
bidder on Asphalt Paving option at $326,000.00 and JRJ Paving was low bidder for Concrete
paving at $444,874. Staff is requesting input from Council on which option to choose.
Budget Impact:
The total cost of the construction contract is $326,000.00 on Asphalt Paving with lime and
$444,874.00 for Concrete paving, and 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:
• Bid Tabulations
• Copy of Contract Agreement
• Resolution authorizing the Interim Town Manager to execute the agreement
Board Committee and/or Staff Recommendation:
Town staff recommends that the Town Council: 1) approve the paving option asphalt or
concrete, 2) enter into a contract agreement with low bidder, regarding the construction services
for the Prosper Road Improvement Project 2007 and 3) approve a resolution authorizing the
Interim Town Manager to execute the same.
Agenda Item No. 10 - Page 1 of 1
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TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE INTERIM TOWN
MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A
CONTRACT AGREEMENT FOR CONSTRUCTION SERVICES FOR
PROSPER ROAD IMPROVEMENT PROJECT 2007, WITH THE LOW
BIDDER, AND THE TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: - The Interim 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 contract agreement for construction services for the Town of Prosper Road
Improvement Project, between Low Bidder, and the Town of Prosper, as hereto
attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 241" day of July, 2007.
Kevin Carruth, Interim Town Manager
ATTEST TO:
Matthew Denton, TRMC
Town Secretary
00500 CONTRACT AGREEMENT AND BONDS
STATE OF TEXAS
COUNTY OF §
THIS AGREEMENT, made and entered into this day ofJFirstrt,
A.D., 20_, by
and between of the County of of Texas, acting
through thereunto duly authorized so to do, Part f theinafter termed the
4OWNER, and of the City of and State of
, Party of the Second Part, hereinafter termed
cons to the entire contract
CONTRACTOR hereby agre tTce work on or after the date established for the start of -
forth in a written notice tq commence work and to substantially complete all work within the time
Proposal, subject to suctlextensions of time as are provided by the General and Supplementary
The agrees to pay t CONTRACTOR in current funds the price or prices shown in the
proposal, w s a part o is Contract, such payments to be subject to the General and
Supplementary ract.
No assignment by a party hereto of any rights under or interests in the Contract will be binding on
another party hereto without the written consent of the party sought to be bound; and, specifically but without
limitation, moneys that may become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to
the contrary in any written consent to an assignment, no assignment will release or discharge the assignor
from any duty or responsibility under the Contract Documents.
OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives in
respect to all covenants, agreements, and obligations contained in the Contract Documents.
Contract Agreement 00500-1
Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year
and day first above written.
ATTEST:
M
ATTEST:
the First
of the Second Part, CONTRACTOR
ivame ana i me
(please type or print)
Contract Agreement 00500-2
iOWN OF
Illy
-r--'E 1-0
To: Mayor and Town Council
From: Kevin Carruth, Interim Town Manger
ADMINISTRATION
Re: Life Insurance For Police Chief and Captain
Date: July 19, 2007
Agenda Item:
Hear presentation of committee's report on life insurance for certain Police Department
employees.
Description of Agenda Item:
During the review of the Town's group medical, dental, and life insurance policies in preparation
for issuing a request for proposal for those services it was noted that the Police Chief and Police
Captain were receiving a variable life insurance policy in addition to benefits received by other
employees. Upon investigation it was determined that in December 2001 the Town had granted
this benefit in a "bonus agreement" in recognition of "faithful and productive service to the Town"
(the agreement was executed by the Town Administrator and no record of Council action is in
the minutes). Consultation wit the Town Attorney also determined that this type of life insurance
policy is a violation of the Texas Constitution since it is a use of public funds for private purpose.
Furthermore, the Town Attorney was concerned that the Town had additional exposure by
providing extra benefits that were not also provided to other similar employees.
Council appointed a committee comprised of Mayor Niswanger, Mayor Pro Tern Bristol, Deputy
Mayor Pro Tern Turley, and Interim Town Manager Carruth to review the circumstances and
make a recommendation to Council. The committee determined that (1) the variable life policies
were provided primarily as a form of compensation and not for insurance reasons, and (2) it
would be unfair to take away the policies away without making the Chief and Captain whole in
some other way, even though the "bonus agreement' explicitly stated that the Town may
terminate the policies at any time.
Budget Impact:
$3,457 in base salary plus approximately $600 in accompanying payroll expenses annually for
each employee.
Legal Obligations and Review:
The Town Attorney recommends elimination of the variable life policies.
Attached Documents:
Bonus agreements for Chief McFarlin and Captain McHone.
Board, Committee and/or Staff Recommendation:
The Committee concluded that the Town could no longer continue to pay the policy premiums
but since the policies are owned by the employees, they could opt to continue to pay the
premiums themselves or surrender the policies for their cash value. In order to make the Chief
Agenda Item No. 11 - Page 1 of 2
and Captain whole and make it possible for them to continue to pay the premiums (if they chose
to do so), the committee recommends raising their pay October 1 an amount equivalent to the
premium payment ($3,456 annually) until implementation of the compensation study brought
their salaries up to market level.
Agenda Item No. 11 - Page 2 of 2
BONUS AGREEMENT
THIS BONUS AGREEMENT is made this 13t" day of December, 2001, by and between
the Town of Prosper (the "Town"), a municipal corporation existing under the laws of the
State of Texas and Gary McHone, an employee of the Town of Prosper.
WHEREAS, the Town desires to provide the employee with a bonus for faithful and
productive service given to the Town; and
WHEREAS, the Town desires to pay the bonus by paying the premium of a life
insurance policy (the "Policy") currently owned by the employee; and
WHEREAS, the Town also desires to pay a Double Bonus on the life insurance policy
and pay the amount of any Federal and State Income Tax that the employee would
otherwise be required to pay from any income earned on the policy; and
WHEREAS, the parties hereto desire to have the particulars of the bonus in a written
agreement;
NOW, THEREFORE, in consideration of the mutual promises made herein, the Town
and the Employee agree as follows:
Bonus: Beyond other compensation paid by the Town to the Employee for
the Employee's services, the Town shall pay the full annual premium of
$4801.00 on the policy which includes the amount of the aforementioned
Double Bonus on the policy. The annual premium may be subject to change.
2. Conditions to Payment of Bonus:
A. All policy premiums will be paid by the Town directly to the insurer, subject
to the following:
1.) The Employee continues full time employment, in good -standing
with the Town. In the event of the Employee's retirement, death,
disability, resignation or termination from Town employment, the
Town of Prosper will no longer pay any policy premiums.
B. The Town of Prosper may terminate the life insurance policy at any time,
providing written notice to the Employee.
JEbfiifer'Finley, Town Administrator
Town of Prosper
Town of Prosper
BONUS AGREEMENT
THIS BONUS AGREEMENT is made this 13t' day of December, 2001, by and between
the Town of Prosper (the "Town"), a municipal corporation existing under the laws of the
State of Texas and Kirk McFarlin, an employee of the Town of Prosper.
WHEREAS, the Town desires to provide the employee with a bonus for faithful and
productive service given to the Town; and
WHEREAS, the Town desires to pay the bonus by paying the premium of a life
insurance policy (the 'Policy") currently owned by the employee; and
WHEREAS, the Town also desires to pay a Double Bonus on the life insurance policy
and pay the amount of any Federal and State Income Tax that the employee would
otherwise be required to pay from any income earned on the policy; and
WHEREAS, the parties hereto desire to have the particulars of the bonus in a written
agreement;
NOW, THEREFORE, in consideration of the mutual promises made herein, the Town
and the Employee agree as follows:
Bonus: Beyond other compensation paid by the Town to the Employee for
the Employee's services, the Town shall pay the full annual premium of
$3456.96 on the policy which includes the amount of the aforementioned
Double Bonus on the policy. The annual premium may be subject to change.
2. Conditions to Payment of Bonus:
A. All policy premiums will be paid by the Town directly to the insurer, subject
to the following:
1.) The Employee continues full time employment, in good -standing
with the Town. In the event of the Employee's retirement, death,
disability, resignation or termination from Town employment, the
Town of Prosper will no longer pay any policy premiums.
B. The Town of Prosper may terminate the life insurance policy at any time,
providing written notice to the Employee.
Var ,mployee
Town of Prosper
Jennifer
Finley,Fnle, Town A ministrator
Town of Prosper