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11.26.2007 Town Council Packet
ITOWN OFF S PE 1. Call to Order / Roll Call. 2. Invocation and Pledge of Allegiance. AGENDA Regular Meeting of the Prosper Town Council Prosper Middle School - Library 605 E. Seventh Street, Prosper, Texas Tuesday, November 27, 2007 at 6:00 p.m. 3. Announcements of dates and times of upcoming community events. EXECUTIVE SESSION 4. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit; a. Section 551.071. Meeting with City Attorney regarding a matter in which the duty of the City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act and relating to legal issues and negotiations with Forest City in conjunction with the development of the Mahard property. b. Section 551.087 to deliberate on economic development negotiations regarding the Gates of Prosper project. C. Section 551.072 to discuss and give direction on the purchase, exchange, lease or value of real poperty. 5. Reconvene into Regular Session and take any action necessary as a result of the Closed Session, including but not limited to: Consider and possibly act upon approval of the Preannexation Agreement by and between The Mahard 2003 Partnership, L.P., Mahard Egg Farm, Inc., FC Prosper Partner, Inc., Forest City Prosper Limited Partnership and the Town of Prosper and adoption of a Resolution authorizing the Town Manager to execute the same. 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.) 6. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) November 12, 2007 — Special Town Council Meeting November 13, 2007 — Regular Town Council Meeting ORDINANCES, RESOLUTIONS. AND AGREEMENTS b. An update on the Town's sports fields and/or the construction of future sports fields. (WH) C. Consider and act upon an ordinance amending the Zoning Ordinance regarding screening between residential and non-residential properties located in the Old Town Core District (Chapter 4, Section 5). (Z07-17) (CC) Page 1 of 3 d. An update on the Prosper emergency services role in the bomb threat at Prosper High School. (KM) e. Consider and act upon 1) a Partial Assignment and Assumption of Agreement between MF VII Prosper 41, LP, and Western Rim Investors 2007-3, L.P., and 2) approve a resolution authorizing the Town Manager to execute the same. (CC) ANNEXATION PETITIONS f. Consider and act to accept a petition presented by LandPlan Development Corp. to set dates for two public hearings and call for a service plan for the voluntary annexation of approximately 10.0141 acres of land located in the Spencer Graham Survey, Abstract No.359, and being more generally located +3700 east of Coit Road and +1840 north of E. First Street. (MD) g. Consider and act to accept a petition presented by Lighthouse Church to set dates for two public hearings and call for a service plan for the voluntary annexation of approximately 10.85 acres of land located in the George Horn Survey, Abstract No.412, and being more generally located north of Prosper Trail and west of Custer Road. (MD) FINANCIALS h. Consider and act upon the financial statements ending October 31, 2007. (RB) 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 items will be recognized on a case -by -case basis, at the discretion of the Mayor and Town Council.) DEPARTMENT ITEMS 8. Discuss and act upon an ordinance establishing a new curfew for juveniles under the age of 17 years. (KM) 9. Consider and act upon an ordinance adopting a Code of Ethics as required by the Town Charter. (ML) 10. Consider and act upon 1) a request to rezone 22.3f acres located on the southwest corner of Prosper Trail and Coleman Street from Agricultural (A) and Single Family-15 (SF-15) to Retail (R), 13.4f acres, and Commercial (C), 8.9f acres (Z07-15), and 2) an ordinance rezoning the same. (CC) 11. Discuss and update the Town Council on status of negotiating a Regional Wastewater Treatment Services Contract between the Upper Trinity Regional Water District and the Town of Prosper. (HW) 12. Discuss and provide direction to Town staff regarding various proposed turn lane improvements along TxDOT roadways in the Town of Prosper. (HW) 13. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 14. Adjourn. Page 2 of 3 CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted by the following date and time: Friday, November 23, 2007 at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened. atthew D. 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 are deaf or hearing impaired, readers, or large print, are requested to contact the Town Secretary's Office at (972) 346-2640 or by FAX (972) 347-2111. BRAILLE IS NOT AVAILABLE. �e�oOF so o a e i areAZY �6A AV • i * • * ) 'O dw O b O do O I 00 O • O O XAS 6®® ®®a��®® Page 3 of 3 ISPER OWN OF 1. Call to Order / Roll Call. The meeting was called to order at 6:02 p.m. Roll call was taken by the Town Secretary. MINUTES Joint Meeting of the Prosper Town Council and the Prosper Independent School District Board Prosper Middle School - Library 605 E. Seventh Street, Prosper, Texas Monday, November 12, 2007 at 6:00 p.m. Council present included: Mayor Pro-Tem David Bristol, Deputy Mayor Prd'=:hem Turley, Kenneth Dugger, Kevin Drown, Mike Wadsworth, and Ray Smith.a}, }t�} Staff present included: Mike Land, Town Manager and Matthew D. Denton, Town SecretaA;,;, School Board present included: Sonya Airhart, Dan To'1lesorit �J�ohnny Whrren, David Tone' Wayn Bernstien and Daniel Jones. 0 School Board staff present included: Drew Watkins, School 2. Discuss any upcoming Prosper Indepeiident..School District and wn sponsored events. NINE The Town Council and School Board discussed thel,rospertTown Christmas orbe held December 8, 2007. XR 3. Discuss current and :.futuregoning and development acti and infrastructure projects within . t�xaAw ;S3k'rrrh �' the Town, including; r but notAimited to: Forest City Development. y,•�h�f�r �`nk � The Town Council and' ScHa5k oard discussed the devel�.opmpent activities within the Town. {�h � Mike Land, To Manager, presented the � ounc l0eand Board with a handout listing all the current developments!>w•ithin tl gg.own. 7v iy{.�r 4. D s ,c ' r s� uss current and�future plan for the acquisition, development, and/or construction of Prosper Independent School District facilities. Drew Watkin , School Superintendent, discussed with the Council the future plans for school facilities and school sites. 5. Discuss theessffius-" ofr.cu rent and future joint projects of the Prosper Independent School District J P J P P and the Town, iriclu ing, but not limited to: a. Park site adjacent to the PISD stadium site; b. Future park/school sites; c. Tennis courts at the future school sites; d. Shared administration operations e. Permit team for future PISD projects The Council and Board discussed the items listed on the agenda. 6. Adjourn Motioned by Deputy Mayor Pro -Tern Turley, seconded by Councilmember Dugger to adjourn. Motion approved 7-0. Attest: Matthew D. Denton, TRMC Town Secretary Niswanger, Mayor IOWN OF SPER 1. Call to Order / Roll Call. The meeting was called to order at 6:05 p.m. Roll call was taken by the Town Secretary. MINUTES Regular Meeting of the Prosper Town Council Prosper Middle School - Library 605 E. Seventh Street, Prosper, Texas Tuesday, November 13, 2007 at 6:00 p.m. Council present included: Mayor Charles Niswanger, Mayor Pro-T Dave Turley, Kenneth Dugger, Kevin Drown, Mike Wadsworth, and R< Staff present included: Mike Land, Town Manager; Hulon Copple, Senior Planner; Wade Harden, Senior Planner; Da Development Corporation; Ronnie Tucker, Fire Chief; KirkvM Bryan Ausenbaugh, Building Official; David Ledwitz, Code'{: Secretary. 2. Invocation and Pledge of Allegiance. The invocation was given by Pastor Frank Mayor Niswanger led the Pledge of Allegiance. 3. Announcements of dateea .times of Mayor Niswanger announ6 0 the 6:00 p.m. Mayor Pro-Tem Bristol night in Wyle. `# 1 Deputy Mayor Pro-Tem d�\�� ti�k.-aoxoxcuc Webb; "'Director of Development Services; Chris Tolleson, Executive Directo"r �,of the Economic `kl.' 7 ' ,Farlin, Police Chief; Amy Lightfoot, Court Clerk; snforeement XOfficer; and Matthew.. Denton, Town nited unity ias will be held in downtown on December 8, 2007 at ootball team will be playing a playoff game on Friday 4. 'Presentation of a certificate of appreciation for past Board and Commission members. Mayor Niswan er presented certificates of appreciation to Troy Brock, Maureen Patin, and Amy Drown for their participation on the arosper boards and commissions. 5. Presentation byhefkIVlcFarlin recognizing Amy Lightfoot as a Level III Court Clerk. Chief McFarlin and Judge Moore recognized Amy Lightfoot as a Level III Court Clerk. Amy is one of 30 Level III Court Clerks in the State of Texas out of more than 3,000 Court Clerks. 6. Presentation by Chief Tucker regarding the November 3, 2007 Boy Scout bonfire. Ronnie Tucker, Police Chief, discussed with council a bonfire that was done by the Boy Scouts on November 3, 2007. Chief Tucker answered questions from council regarding the procedures the Town has for permitting bonfires. Page 1 of 5 EXECUTIVE SESSION 7. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit; a. Section 551.071. Meeting with City Attorney regarding a matter in which the duty of the City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act and relating to legal issues and negotiations with Forest City in conjunction with the development of the Mahard property. b. Section 551.087 to deliberate on economic development negotiations regarding the Gates of Prosper project.��t`T`s� C. Section 551.087 to discuss economic development negotiationslor the Custer Retail Project. Motioned by Councilmember Dugger, seconded by Deputy Mayor Pro-TetWurleyx- recess into closed session. Motion approved 7-0. , z� bb ql\�'` tl r� t%\j.S�C}�1 Council recessed into closed session at 6:23 p.m. 0 8. Reconvene into Regular Session and take anytaction necessa`i yh as a result of the $Closed Session, including but not limited to: Consider and' possibly act upon;: approval of tWe§- Preannexation Agreement by and between The Mahard 2003 Partnership 'SLY., Mahard Eggs Farm, Inc., FC Prosper Partner, Inc., Forest City Prosper Limited Pik"Hership and the Town of Prosper and \.�tbr,5.w� adoption of a Resolution authorizing t, Jown Manager to execute the same. Motioned by Mayor Pro-Tem Bristol, seconded Motion approved 7-0. Council reconvened into regular session at 8:44 p.m. OEM Mayor Niswanger and Councilmember ,., own left the Mayor Pro-Tem Bristol Council reconvened ata8 54 p.m. CONSENT . _GENDA ""' �r 9."-•Consent Agenda MINUTESu a. Consid& and act u • netnhen23.201 a break@ 8:45 p.m. 'SSY.YbY.}55, � Dugger tov'recon ene into regular session. at 8:44 p.m. from the following Council meetings. (MD) Town Council Meeting b. An update on the Town's sports fields and/or the construction of future sports fields. (WI) c. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. (CC) Motioned by Councilmember Smith, seconded by Councilmember Dugger to approve the consent agenda items a. through c. Motion approved 5-0. Page 2 of 5 CITIZEN'S COMMENTS 10. Other Comments by the Public. There were no comments by the public. REGULAR AGENDA PUBLIC HEARINGS 11. A public hearing to consider a request to rezone 22.3f acres loca Prosper Trail and Coleman Street from Agricultural (A) and Single 13.4f acres, and Commercial (C), 8.9t acres. (Z07-15). (CC) ,AA Chris Copple, Senior Planner, gave council background information on this;"iten was opened and continued to the November 13, 2007 meeting at the October 23, Motioned by Councilmember Wadsworth, seconded by Deputy{IVlayor` Pro-Tem hearing. Motion approved 5-0. Mayor Pro-Tem Bristol opened the public hearing at 8:59 David Kalhoefer with Sanchez Associates, owner representative, Ron B Paul 'I Motio Motio Mayor Due R 12. Chris Motio Motio Mayor the southwest corner of -15 (SF-15) to Retail (R), stated the public hearing n Council meeting. continue the public questions for council. to close the public hearing. Zoning Ordinance regarding n the Old Town Core District to open the public hearing. There were no comments by the public. Motioned by Councilmember Smith, seconded by Councilmember Wadsworth to close the public hearing. Motion approved 5-0. Mayor Pro-Tem Bristol closed the public hearing at 9:25 p.m. Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Smith to approve the ordinance per staff recommendations. Motion approved 5-0. Page 3 of 5 DEPARTMENT ITEMS 13. Consider and act upon approving and adopting an Ordinance establishing regulations for Garage Sales in the Town and providing for the requirement of a permit(s) and all associated fees. (DL) David Ledwitz, Code Enforcement Officer, gave council background information on this item. Bryan Ausenbaugh, Building Official, answered questions for council. Chris Blair, 841 Sybil Lane, spoke in opposition of the proposed ordinance. 0106 Motioned by Councilmember Wadsworth, seconded by Deputy Mayor ordinance establishing regulations for garage sales within the Town permit(s) and all associated fees. Motion approved 5-0. 14. Consider and act upon approving and adopting an,�Ordir David Ledwitz, Code Enforcement Officer, gave council backgroun( Motioned by Councilmember Smith, seconded by Councilmember staff. Motion approved 5-0. 15. Update on 2007 Collin County Bond. Hulon Webb, Director of Development Services, gave c from the recently passed Collin County Bond Election. 16. Consider and act upon the appointment of the and Vice-Chairnpositions. Wade Hardin, Senior Lewis and Chair and..l Motioned :b, `Councilmem-Ve`r%Sm and Rutledge Gordon as Vie'Ch pp�ao a, �i sit Motion °approved 4-1 with May 17. Conside and act upon and construction plans Town Manager�-.to execu ley to approve the proposed for the requirements of a amending the on this item. ,Is Sign Code. (DL) to approved item 14 as submitted by presentation on what the Town can expect of Prosper Parks and Recreation Board's Chair that the parks and Recreation Board had nominated Trent seconded by Deputy Mayor Pro-Tem Turley to appoint Trent Lewis as Chair of the Parks and Recreation Board. o-Tem Bstol voting "no". ,enter into a contract agreement with La Terra Studio, Inc. for the design f )r Folsom Park improvements 2) approve a resolution authorizing the the same. (WIT) Wade Hardin, Senior Pla nn er.gave council background information on this item. Motioned by Councilmember Smith, seconded by Councilmember Wadsworth to approve item 17 as submitted by staff. Motion approved 5-0. 18. Discuss and give direction on previous items requested by Town Council. (MIL) Mike Land, Town Manager, discussed with council a list of items previously brought up by council and gave the status of each of the items. Page 4 of 5 19. Discuss and give direction on having the Town Attorney present at Town Council meetings. (ML) Mike Land, Town Manager, discussed with council the issue of having the Town Attorney at all the council meetings. Council told Land to investigate the financial impact and proceed with having the Town Attorney at all the Town Council meetings. 20. Consider and act upon a resolution for a water tower lease for an internet service antennae. (ML) Mike Land, Town Manager, gave council background information for this item. Land informed the council that the address for the water tower is 1454 E. First Street instead of 409 E. First Street as was,shown in the staff memo and an- '. resolution. A"'Ptzs,'�� V 7�iti' Motioned by Councilmember Smith, seconded by Deputy Mayor Pro-Tem Turley•?,to approved item 20 as amended by Town staff. Motion approved O.0 IKE �t 21. Possibly direct Town Staff to schedule topic(s) for discussion at a future meetut .., 14, Deputy Mayor Pro-Tem Turley asked that Town staff revis t."4the,hbonfre issue since there is so�'much grown in the area. . O's �:.. u'I.�n ..'. ?.1 . Mayor Pro-Tem Bristol asked that an item be placed on the consent agenda updating the council on the coordination between the Prosper Police Department and the Prosper I03.1Wghe case of a mass event. Councilmember Wadsworth requested an item baplacgd!on the next consent+ageY.ndaa updating the council on the status of the Trails of Prosper. Councilmember adswoi thOlso asked that a: report on how the Town and the Prosper ISD are going to handle the agreement r the"oint arko>n 22. Adjourn.J. ; } Motioned by Councilmember•t�-,+•D Motion approved 5-0.'',{; , The meeting was goumed at 1 r• •t,�° Attest: ,a: a,4t+ Matthew D. Denton, Town Secretary by Councilmember Smith to adjourn. Charles Niswanger, Mayor Page 5 of 5 PARKS AND RECREATION To: Mayor and Town Council From: Wade Harden, Senior Planner Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — November 27, 2007 Date: November 19, 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 on the Town's sports fields and/or the construction of future sports fields on future agendas. Currently, the Parks and Recreation Board (PARBd) and Town staff are considering the following options at Folsom Park and on the 57 acre community park site. Folsom Park (located next to Folsom Elementary in the La Cima subdivision): The PARBd discussed future improvements to Folsom Park at their August 23, 2007 meeting. The development of Folsom Park would provide up to eight (8) youth soccer/multi-purpose permanent fields. Town staff has initiated contact with Brian Griffitt, Prosper Sports Association (PSA) President, Lloyd Mills, Prosper Area Soccer Organization (PASO) President, and Brenda Keener, F'olsom Elementary School Principal to receive input concerning the fields and potential relocation of the existing playground equipment. The grant applications, to Texas Park & Wildlife ($390,000) a matching grants, is still pending. Staff and Park Board Member Loren Moulder have met with the two sports organizations and received input concerning their respective needs. Staff has ceased negotiations with PBK for the design and construction documents for this project. Staff, as directed by the Park Board, is working towards securing a proposal from another design firm, with the intent of having a contract for approval late October or early November. This project is on schedule to meet the Fall 08' goal. Staff has contacted La Terra Studio and is reviewing a proposal submitted to Staff from La Terra for services. The PARBd will review the proposal with the goal of having a contract before Council early November. Staff has received word the $390,000 50% matching grant from Collin County was approved by the County Commission for use on the Folsom project. Staff has received the official notification letter and signed it. Agenda Item No. 6b - Page 1 of 2 During the October 25th PARBd meeting the PARBd past a recommendation to Council that the Design Contract with La Terra Studios, Inc be approved to begin the design and construction plans for Folsom Park. This item has been scheduled to be on the November 13th Town Council Agenda. On November 2Id Staff met with TPWD Staff to discuss the Folsom Park grant. Town Staff was informed there were 21 grant applications for projects submitted to TPWD. The projects will be scored in late December and action taken in January of 08'. Staff is in the process of executing the design contract for the project and has been informed by the consultant the survey for the project has been scheduled. 2. 57 acre community park site (adjacent to the future Prosper ISD athletic stadium, south side of Frontier Parkway, west of the BNSF Railroad): At the August 23, 2007 PARBd meeting Fred Montes, AIA of PBK presented conceptual master plans for the 57 acre community park site (see attached. The Parks Board directed Town staff to meet with Prosper ISD, Prosper Sports Association (PSA), and Prosper Area Soccer Organization (PASO) to discuss the proposed design. Staff initiated contact with PSA and PASO, and should be meeting with Prosper ISD in the near future. Town staff has requested a formal proposal for design services from PBK to present to PARBd and Town Council. Town Manager Mike Land has met with Prosper ISD to discuss the creation of a Master Plan for the entire site, including the Prosper ISD parcel. Staff has contacted PBK requesting an update on the status of the Project. At this time a contract proposal has not been received by Staff. As of November 19th, 2007 Staff has received a contract from services for the project. Staff is in the process of reviewing some changes, which will be forwarded to PBK for their review contract reviewed by the PARBd by December. Attached Documents: No attachments. Town Staff Recommendation: No action needs to be taken on this item. PBK for master planning the contract and expects . The goal is to have this Agenda Item No. 6b - Page 2 of 2 PLANNING p TOWN ER. To: Mayor and Town Council From: Chris Copple, Senior Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — November 27, 2007 Date: November 19, 2007 Agenda Item: Consider and act upon an ordinance amending the Zoning Ordinance regarding screening between residential and non-residential properties located in the Old Town Core District (Chapter 4, Section 5). (Z07-17) Description of Agenda Item: At their November 13, 2007 meeting, the Town Council approved zoning case Z07-17 by a vote of 5-0. The Town Council approved the following amendment to the Zoning Ordinance (additions are underlined and deletions are stFUGk thFeUg44): Chapter 4, Section 5.2 (A) — Screening Fences and Walls: Properties zoned Downtown Commercial (DTC1, Downtown Retail (DTR), or Downtown Office (DTO) are only required to provide screening along property lines that are adjacent to properties shown as residential on the Future Land Use Plan. The screening must consist of an eight foot (8') cedar board -on -board wooden fence with metal posts anchored in concrete. Budget Impact: There are no significant budget implications associated with this amendment to the Zoning Ordinance. Legal Obligations and Review: State law requires that the Town Council hold a public hearing before amending the Zoning Ordinance. A public hearing has been held and the Town Council approved the amendment to the Zoning Ordinance. The ordinance has been prepared. Review of the ordinance by the Town Attorney is not required. Attached Documents: 1. The Ordinance amending the Zoning Ordinance regarding screening between residential and non-residential properties located in the Old Town Core District (Chapter 4, Section 5). Town Staff Recommendation: Town staff recommends the Town Council adopt the attached ordinance. Agenda Item No. 6c - Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 07-_ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING CHAPTER 4, SECTION 5.2(A) OF ZONING ORDINANCE NO. 05.20; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has determined that Chapter 4, Section 5.2(A) of the Town of Prosper, Texas ("Prosper") Zoning Ordinance No.05-20 should be amended; and WHEREAS, Prosper has complied with all notices and public hearings as required by law; and WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Prosper to amend Prosper's Zoning Ordinance No. 05-20 as set forth below. TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Prosper's Zoning Ordinance No. 05-20. Chapter 4, Section 5.2(A) of the Town of Prosper's Zoning Ordinance No. 05-20 are hereby amended to read as follows: When a boundary of a multifamily, institutional, or non-residential Use sides or backs to a property that is zoned or designated on the Future Land Use Plan for residential (non -multifamily) uses, or when any institutional or non- residential Use sides or backs to a MF District, a solid screening wall or fence of not less than six (6) feet nor more than eight (8) feet in height shall be erected on the property line separating these uses. The purpose of the screening wall or fence is to provide a visual barrier between the properties. The owner of such property of the lesser restrictive use shall be responsible for and shall build the required wall or fence on his property line dividing his property from the more restrictive zoning district. In cases where the Planning & Zoning Commission finds this requirement to be better met by an irrigated living screen, the same may be substituted for the screening wall after a landscape plan has been prepared to demonstrate equal visual screening. A screening wall or fence required under the provisions of this section, under a Specific Use Permit, a Planned Development District, or other requirement shall be constructed of clay -fired brick masonry units or other suitable permanent materials which do not contain openings constituting more than forty (40) square inches in each one square foot of wall or fence surface, and the surface of such wall or fence shall constitute a visual barrier. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence. Concrete masonry units, poured in place concrete, tilt -up concrete, or concrete panels may be used upon approval by the Planning & Zoning Commission. Properties zoned Downtown Commercial (DTC), Downtown Retail (DTR), or Downtown Office (DTO) are only required to provide screening along property lines that are adjacent to properties shown as residential on the Future Land Use Plan. The screening must consist of an eight foot (8') cedar board -on -board wooden fence with metal posts anchored in concrete. SECTION 4: Savings/Repealing Clause: Prosper's Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, 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 ordinance shall remain in full force and effect. SECTION 5: 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 6: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 270, DAY OF NOVEMBER, 2007. APPROVED AS TO FORM: Charles Niswanger, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary DATE OF PUBLICATION. Dallas Morning News — Collin County Addition 2 Memorandum TO: Mike Land, Town Manager FROM: Chief Kirk McFarlin f` DATE: 11-14-07 f REF.: Bomb Threat at the High School At approximately 12:40 pm, Officer Baxter received a call from Sally Preddy, the High School employee who works the front desk area. She stated that she had received a call from an unknown male stating that there was an explosive device in the building. Preddy indicated that the caller immediately hung up. Officer Baxter called Captain McHone and contacted dispatch to advise them of the situation. Prosper Fire Department was dispatched to the area and staged on Coleman, just north of the High School. All ingress and egress points were blocked at this time. Celina PD, Frisco PD and Collin County Sheriff's Office were contacted for assistance. Captain McHone contacted Dallas Police Department and requested an explosive detection canine unit respond to Prosper. Officer Baxter made contact with Principal Mike Brown and requested that the school be put into lockdown, which was eventually done. I made a quick cursory drive through in the parking areas looking for anyone who may be in a vehicle or in the area. I then entered the High School and met with Mike Brown. He had made the announcement to go into lock down by that time. I asked him to have the teachers and staff look in their area of responsibility. I discovered later that the announcement was for "everyone" to look for something suspicious. The reason I requested the staff and teachers look, was because they were infinitely more familiar with what belongs in their areas than anyone else would be. This is standard procedure for a bomb threat utilized by departments nationwide. Celina PD, Frisco PD and the Sheriff's Office deputies responded and took up the static posts on all egress and ingress points. Prosper CERT members also responded to assist with the students. Officer Baxter and I cleared all the vehicles in the west parking area and Captain McHone and Officer Gardner cleared all the vehicles in the north parking area. All four officers searched every vehicle in the rest of the parking areas as well as scanning the surrounding area. This was done before any evacuation was attempted for two reasons: 1) An explosive device (either primary or secondary) may have been outside and the call was meant to get the children outside before setting off the device and 2) it was possible that the call was meant to cause the evacuation and a sniper may have been set up outside waiting for children to exit the building. After we cleared the area, we evacuated the children to the practice field. After they were all in the practice field, I cleared the stands and press box to ensure their safety and the children were moved to the stands. Each area was cleared before we moved children into that area. Officer Gardner and I stood guard around the children. Drew Watkins arrived at the stadium a short time later and I briefed him on the situation and what was done so far. During the phone conversation between DPD and Captain McHone back and requested that the school be swept for people before they arrived. Captain McHone and Officer Baxter entered the building and searched the entire building. This took about 45 minutes, as it is a very large building and the two officers were required to stay together as a team per training protocol. I called Officer Jones to take my place guarding the children and responded to the school building. I released Captain McHone and advised him to work up a press release and brief the press. I stood watch as the canine teams (two of them) searched the main building. Officer Baxter went with the canine units into the building to assist. DPD officers indicated that their canines did not alert on any area of the school. They then searched the multipurpose complex. As they were searching this area, I located Mike Brown and advised him that the canines had not alerted and it was his decision to allow the students back into the building. Mike Brown ordered the children back into the building and released them from school. DPD canine units advised that the canines did not alert on any area in the multipurpose complex and requested that we clear the area and debrief at the police department. The DPD units arrived at the police department and debriefed with us. They indicated that the entire event was very organized and stated that we did a fantastic job maintaining control of the scene, as well as following protocol on the evacuation. They stated that we should have had one staging point set aside for everyone to report to obtain their directions. Aside from that one point, they said that they had been to events at much larger cities that were not as organized and controlled as this one. After learning of our limited resources in staffing, they understood why there was no actual command post set aside to deliver briefing and assignments. There are leads to the identity of the caller that we are presently following up on. We have requested phone records from several people of interest and will continue to the investigation ISPER PLANNING P To: Mayor and Town Council From: Chris Copple, Senior Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — November 27, 2007 Date: November 19, 2007 Agenda Item: Consider and act upon 1) a Partial Assignment and Assumption of Agreement between MF VII Prosper 41, LP, and Western Rim Investors 2007-3, L.P., and 2) approve a resolution authorizing the Town Manager to execute the same. Description of Agenda Item: Western Rim Investors 2007-3, L.P. is seeking to purchase property from MF VII Prosper 41, LP, which is part of the La Cima Development Agreement. The La Cima Development Agreement allows MF VII Prosper 41, LP to assign their duties, responsibilities, obligations, rights, and entitlements subject to approval of the Town. Therefore, MF VII Prosper 41, L.P. is seeking to assign their duties, responsibilities, obligations, rights, and entitlements to Western Rim Investors 2007-3, L.P. Budget Impact: There are no significant budget implications associated with this item. Legal Obligations and Review: Review of this item by the Town Attorney is not required. Attached Documents: 1. The Partial Assignment and Assumption of Agreement between MF VII Prosper 41, LP, and Western Rim Investors 2007-3, L.P. 2. A resolution authorizing the Town Manager to execute a Partial Assignment and Assumption of Agreement between MF VII Prosper 41, LP, and Western Rim Investors 2007-3, L.P. Town Staff Recommendation: Town staff recommends the Town Council 1) approve a Partial Assignment and Assumption of Agreement between MF VII Prosper 41, LP, and Western Rim Investors 2007-3, L.P., and 2) approve a resolution authorizing the Town Manager to execute the same. Agenda Item No. 6e — Page 1 of 1 PARTIAL ASSIGNMENT AND ASSUMPTION OF AGREEMENT THIS PARTIAL ASSIGNMENT AND ASSUMPTION OF AGREEMENT (this "Assignment") is made to be effective as of the 22' day of October, 2007, among MF VII PROSPER 41, LP, a Texas limited partnership ("MF VII") and WESTERN RIM INVESTORS 2007-3, L.P., a Texas limited partnership ("Western"). WITNESSETH: WHEREAS, Mustang -Midway Plano, Ltd. ("Mustang"), the Town of Prosper, Texas (the "Town"), and PDC 380 PROSPER, LTD., a Texas limited partnership entered into that certain Developer's Agreement (the "Original Agreement") dated October 26, 2004, and recorded in Volume 5814, Page 4279 of the Land Records of Collin County, Texas, whereby Mustang was granted certain rights and undertook certain obligations relating to that certain property owned by Mustang as described therein (the "Pro a "); and WHEREAS, the Developer's Agreement was subsequently amended on June 22, 2005, by First Amendment to Developer's Agreement recorded in Volume 5947, Page 2550 of the Land Records of Collin County, Texas (the "First Amendment"). The Original Agreement, as amended by the First Amendment, is herein referred to as the "Development Agreement"); and WHEREAS, by Special Warranty Deed dated of even date herewith, Western acquired from MF VII a portion of the Property, being that certain property (the "Western Pro a ") more particularly described on Exhibit A attached hereto and made a part hereof for all purposes; WHEREAS, Section 21(1) of the Developer's Agreement provides, among other things, that the Developer's Agreement runs with the land, and that notice to the Town of any transfer, sale or conveyance thereof is required; and WHEREAS, in order to comply with said Section 21(1), and to provide for orderly and proper development of the Property and the Western Property, MF VII desires to partially assign to Western its rights and obligations under the Developer's Agreement relating to the Western Property, and Western desires to accept such partial assignment and assume and agree to perform such rights and obligations thereunder, pursuant and subject to the terms and provisions hereof. NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: T:\TDH\Fi1es\BFATY4470\Part Assign & Assum Agr-2.wpd 1. MF VII hereby grants, sells, assigns, transfers and conveys to Western, MF VII's rights, titles, interests, powers and duties in, to and under the Developer's Agreement, to the extent, and only to the extent, such rights, titles, interests, powers and duties pertain to the Western Property. 2. Western hereby accepts such partial assignment and agrees to be bound by, perform and assume the remaining obligations, duties and responsibilities of MF VII contained in the Developer's Agreement to the extent, and only to the extent, such obligations, duties and responsibilities pertain to the Western Property. 3. Western and MF VII shall separately be responsible for dedications and impact fees, and solely entitled to impact fee credits arising under the terms of the Developer's Agreement, allocable to the respective portions of the Property that each owns. 4. Western covenants and agrees to indemnify, defend and hold harmless MF VII from and against any and all liabilities, damages, claims, causes of action, costs and expenses (including, without limitation, and intended by way of example only, reasonable attorney's fees, disbursements and amounts paid on final judgments or final arbitration awards) arising out of Western's failure to perform the remaining obligations, duties and responsibilities assumed by Western in Paragraph 2 above. 5. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 6. This Agreement may be executed in a number of identical counterparts, each of which will be deemed an original for all purposes and which together constitute the agreement of the parties. 7. Upon recordation of this Assignment, notices to "Mustang" under the Developer's Agreement as they pertain to the Western Property only shall be provided to: Western Rim Investors 2007-3, L.P. 601 Canyon Drive, Suite 101 Coppell, Texas 75019 8. The Developer's Agreement and First Amendment are incorporated into this Assignment for all purposes as if fully set forth herein. IN WITNESS WHEREOF, MF VII and Western have executed this Assignment under seal as of the day and year first above written. [SIGNATURE PAGES FOLLOW] 2 T:\TDH\Fi1es\BEATY\470\Part Assign & Assum Agr-2.wpd MF VII PROSPER 41, LP, a Texas limited partnership By: MF VII PROSPER 41 GP, INC., a Texas corporation - General Partner By: �—�Giichael G. Beaty, President STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on October/ , 2007, by MICHAEL G. BEATY, President of MF VII PROSPER 41 GP, INC., a Texas corporation and the general partner of MF VII PROSPER 41, LP, a Texas limited nartnarcliin nn l,ahalf of cai� nn4i+;no T:\TDH\Fi1es\13EATY\470\Part Assign & Assum Agr-2.wpd WESTERN: WESTERN RIM INVESTORS 2007-3, L.P., a Texas limited partnership By: WESTERN RIM GENPAR 07-3, L.P., a Texas limited partnership - General Partner By: WESTERN RIM INVESTMENT ADVISORS a Texas,Mited liability rs�D/. Hiles, g Membf Executive I THE STATE OF TEXAS COUNTY OF O` § This instrument was acknowledged before me on the O(D, day of October, 2007, by MARCUS D. HILES, Presiding Member and Chief Executive Officer of WESTERN RIM INVESTMENT ADVISORS 07-3, LLC, a Texas limited liability company and general partner of WESTERN RIM GENPAR 07-3, L.P., a Texas limited partnership and general partner of WESTERN RIM INVESTORS 2007-3, L.P., a Texas limited partnership, on behalf of said entities. Aska �� 1CAd ) LULA `�� Notary Public, State of Texas My Commission Expires: Q 1 20 t I (Printed or Typed Name of Notary) M �L Kashanda Morbn f + My Commifiion Expires flr kl(in 09/18/2011 � 4 T:\TDHTi1es\BEATY\470\Part Assign & Assum Agr-2.wpd The Town joins herein to evidence its approval to this Assignment and satisfaction of the terms and provisions of Section 21(1) of the Development Agreement. TOWN OF PROSPER, TEXAS Name: Title: THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the 2007, by , OF PROSPER, TEXAS, on behalf of said Town. My Commission Expires: day of October, of the TOWN Notary Public, State of Texas (Printed or Typed Name of Notary) T:\TDH\Files\BEATY\470\Part Assign & Assum Agr-2.wpd Exhibit "A" File Number: 102330 Description: The land referred to herein is situated in the State of Texas, County of Collin described as follows: BEING a parcel of land situated in the Town of Prosper, Collin County, Texas, a part of the H. Jamison Survey, Abstract No. 480, and being a part of that 29.783 acre tract of land conveyed to MF VIi Prosper 41, LP as recorded in Document Number 20070214000206720, Collin County Deed Records, and being further described as follows: BEGINNING at a one-half inch iron set at the northeast corner of said 29.783 acre tract of land, said point being the intersection of the west right-of-way line of Colt Road (County Road No. 74, a 60 foot wide right-of-way) with the southeast line of a 170 foot wide electric easement described in a deed to Texas Power & Light Company as recorded in Volume 805, Page 413, Collin County Deed Records: THENCE along the west right-of-way line of Colt Road as follows: South 01 degrees 47 minutes 13 seconds East, 387.53 feet to a one-half inch iron rod set for corner South 01 degrees 13 minutes 24 seconds East, 735.28 feet to a one-half inch iron rod set for corner, THENCE South 49 degrees 57 minutes 41 seconds West, 690.24 feet to a one-half inch iron rod set for corner, THENCE North 40 degrees 1 I minutes 53 seconds West, 873.36 feet to a one-half inch iron rod set for corner in the northwest line of said 28.783 acre tract of land and in the southeast line of said Texas Power & Light Company easement; THENCE North 49 degrees 48 minutes 07 seconds East. 1393.48 feet along the northwest line of said 29.783 acre tract of land and along the southeast line of said Texas Power & Light Company easement to the POINT OF BEGINNING and containing 912,656 square feet or 20.952 acres of land. NOTE: COMPANY DOES NOT REPRESENT THAT THE ACREAGE AND OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. APN: File 4 102330 TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A PARTIAL ASSIGNMENT AND ASSUMPTION OF AGREEMENT BETWEEN MF VII PROSPER 41, LP, AND WESTERN RIM INVESTORS 2007-3, L.P. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a partial assignment and assumption of agreement between MF VII Prosper 41, LP, and Western Rim Investors 2007-3, L.P. SECTION 2: Resolved by affirmative vote of the Town Council on the 27th day of November, 2007. Charles Niswanger, Mayor ATTEST: Matthew Denton, Town Secretary ADMINISTRATION p TOWN EIZ To: Mayor and Town Council From: Matthew D. Denton, Town Secretary Xc: Mike Land, Town Administrator Regular Meeting Prosper Town Council November 27, 2007 - 6:00 p.m. Re: Annexation of approximately 10.0141 acres of land generally located 3700+ feet east of Coit and 1840+ feet north of E. First Street. Description: Landplan Development Corp. has submitted a petition for the voluntary annexation of approximately 10.0141 acres of land located in the Spencer Graham Survey, Abstract No. 359, and being more generally located 3700+ feet east of Coit and 1840+ feet north of E. First Street. Staff will prepare a service plan and schedule the two public hearings to receive input on the annexation of the property. The hearings are tentatively scheduled for January 8, 2008 and January 22, 2008. Recommendation: Staff recommends that Council accept the petition for annexation. Agenda Item No. 6f - Page 1 of 1 R!u RRR bERs 8 uatleg €2-s K Asa€ �qqj�j�_ a.s€laFaEg�.88ILflgBS'g88'$'$TE$c�&n s ��.E ��5dc$8b YY_Y aY^ SS'°Yaa 88 .w�, wua=en�w� pp t y ec y Es S s$xcEE L fiE�p&Syy�h�a=.�,s.ayy�qq�<x��((�sg�a Ifw�s#8^i g�?--Kdeos=-, q Eaea. �eu��3'ac333 Se�w�o7 u r7 al u it c��u��n _nXy'gei$1 ft z°� i`g �s �j � nffi«73: �`>^ne$'S^n«e—"'x �=-9,„�8 '„„ •izzz� Q \ 1 � r Sz l�\ Sip N El ADMINISTRATION Regular Meeting Prosper Town Council November 27, 2007 - 6:00 p.m. To: Mayor and Town Council From: Matthew D. Denton, Town Secretary Xc: Mike Land, Town Administrator Re: Annexation of approximately 10.85 acres of land generally located north of Prosper Trail and west of Custer Road. Description: Lighthouse Church has submitted a petition for the voluntary annexation of approximately 10.85 acres of land located in the George Horn Survey, Abstract No. 412, and being more generally located west of Custer Road and north of Prosper Trail. Staff will prepare a service plan and schedule the two public hearings to receive input on the annexation of the property. The hearings are tentatively scheduled for January 8, 2008 and January 22, 2008. Recommendation: Staff recommends that Council accept the petition for annexation. 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Description of Agenda Item: The Town had passed an ordinance establishing a curfew several years ago and the ordinance must be revisited every three years or it will be automatically nullified. Discussions led the staff to believe that the hours of the old curfew were too restrictive and did not allow enough time for juveniles to interact and still comply with the hours defined within the ordinance. The times were adjusted to provide juveniles with more time, but still limiting their movement after midnight on the weekends and 11:00 pm on normal weekdays. The ordinance must be acted on every three years to keep it active. Budget Impact: Normal fees from the Town's attorney for drafting and review of the ordinance will apply. Legal Obligations and Review: The Town's attorney has reviewed the ordinance and found it consistent with all legal obligations. Attached Documents: Juvenile Curfew Ordinance Board. Committee and/or Staff Recommendation: Staff recommends acting on this ordinance as it will provide the police with a tool to utilize in instances where juveniles are out after the curfew hours. Item No. 8 TOWN OF PROSPER, TEXAS ORDINANCE NO. AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ADOPTING AND IMPLEMENTING A JUVENILE CURFEW; PROVIDING FOR DEFINITIONS, OFFENSES, DEFENSES TO PROSECUTION, ENFORCEMENT, SEVERABILITY AND SAVINGS/REPEALING CLAUSES, AND PENALTIES; AND PROVIDING AN EFFECTIVE DATE AND TERMINATION PROVISION. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated and determined that there has been an increase in juvenile violence and crime by persons under the age of seventeen (17) in the Town of Prosper, Texas ("Prosper"); and WHEREAS, the Town Council has further investigated and determined that passage of this Ordinance will promote the general welfare and protect the general public through the reduction of juvenile crime and violence within Prosper; and WHEREAS, the Town Council has further investigated and determined that persons under the age of seventeen (17) are particularly susceptible by their lack of maturity and experience to participate in unlawful activities and to be victims of older perpetrators of crime; and WHEREAS, the Town Council, on behalf of Prosper and its citizens, has an obligation to provide for the protection of minors from each other and from other persons; for the enforcement of parental control over and responsibility for children; for the protection of the general public; and for the reduction of incidence of juvenile criminal activities; and WHEREAS, the Town Council has further investigated and determined that its goals in enacting this ordinance include, but are not limited to, the following: (1) reducing the number of juvenile crime victims; (2) reducing injury accidents involving juveniles; (3) allow for reduced time for officers related to juvenile crime activities and accidents; (4) provide a tool for dealing with gang activity; (5) reduce juvenile peer pressure to stay out late; and (6) assist parents in the control of their children; and WHEREAS, the Town Council has further investigated and determined that it is in the best interests of Prosper and its citizens to establish a curfew for those under the age of seventeen (17) years, as set forth below, which will promote public health, safety and general welfare; help attain the foregoing objectives; and diminish the undesirable impact of such conduct on the citizens of Prosper. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findin sg Incorporated. The findings and determination set forth above are incorporated into the body of this ordinance as if fully set forth herein. apply: SECTION 2: Definitions. For purposes of this ordinance, the following terms shall Item No. 8 Curfew hours means 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term shall include but not limited to fire, natural disaster, and any automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. Establishment means any privately -owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment. order. Guardian means any person to whom custody of a juvenile has been given by a court Juvenile means any person under seventeen (17) years of age. Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting an establishment. The term includes the members or partners of any association or partnership and the officers of the corporation. Parent means a person who is the natural or adoptive parent of a person, to include a court appointed guardian or other person eighteen (18) years or older, authorized by the parent, by a court order, or by the court, or by the court appointed guardian to have the care and custody of a person. Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, sidewalks, parks and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. Remain means to linger, stay, walk, run, stand, drive or ride; or fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. SECTION 3: Offenses. (a) A juvenile commits an offense if the juvenile remains in any public place or on the premises of an establishment within Prosper during curfew hours. (b) A parent or guardian of a juvenile commits an offense if such person knowingly permits, or by insufficient control allows, the juvenile to purposefully remain, walk, run, stand, drive, or ride about in or upon any public place or on the premises of any establishment within Prosper during curfew hours. (c) The owner, operator, or any employee of an establishment with Prosper commits an offense if such person knowingly allows a juvenile to remain upon the premises of the establishment during curfew hours. Item No. P SECTION 4: Defenses to prosecution. (a) It is a defense to prosecution under Section 3(a) that the juvenile was: (1) Accompanied by the juvenile's parent or guardian; (2) On an errand at the direction of the juvenile's parent or guardian, without any detour or stop; (3) In a motor vehicle involved in interstate travel; (4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (5) Involved in an emergency; (6) On the sidewalk abutting the juvenile's residence or abutting the residence of a next -door neighbor if the neighbor did not complain to the police department about the juvenile's presence; (7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by Prosper; a civic organization, or another similar entity that takes responsibility for the juvenile, or going to or returning home from, without detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by Prosper, a civic organization, or another similar entity that takes responsibility for the juvenile; (8) Exercising First Amendment rights protected by the United States Constitution; or (9) Married or had been married or had disabilities of minority removed in accordance with V.C.T.A., Family Code Chapter 31, as amended. (b) It is a defense to prosecution under Section 3(c) that the owner, operator, or employee of an establishment promptly notified the police department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave. SECTION 5: Enforcement. Before taking any enforcement action under this Section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this Ordinance unless the officer reasonably believes that an offense has occurred and that based on any response and other circumstances, no defense in Section 4 is present. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Item No. 8 SECTION 7: Savings/RepealingC. 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: Penalty Provision. (a) A person who violates a provision of this article is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500.00). (b) When required by V.T.C.A., Family Code Section 51.08, as amended, the municipal court shall waive original jurisdiction over a juvenile who violates Section 3(a) of this Ordinance and shall refer the juvenile to juvenile court. SECTION 9: Effective Date and Expiration Date. This Ordinance shall become effective from and after its passage and publication and will expire three (3) years from its effective date, unless sooner terminated or extended by Town Council ordinance. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on this day of , 2007. ATTESTED: MATTHEW D. DENTON Town Secretary Dates of publication: CHARLES NISWANGER, Mayor 2007 in Item No. 8 IOSPER WN OF ADMINISTRATION To: Mayor and Town Council From: Matthew A Denton, Town Secretary Cc: Mike Land, Town Manager Re: Code of Ethics Agenda Item• Consider and act upon an ordinance adopting a Code of Ethics as required by the Town Charter. Description of Agenda Item: Per Charter Section 3:18, the Town Council is required to adopt a Code of Ethics. The Code of Ethics is for the purpose of, among other things, establishing and defining the bounds of reasonable ethical behavior by the Town Council and all other appointed Town Officials. Therefore, staff has compiled a draft ordinance with the assistance of the Town Attorney and Code of Ethic ordinances from peer cities. Budget Impact• N/A Legal Obligations and Review: Legal has reviews the proposed Code of Ethics ordinance. Attached Documents: Proposed Code of Ethics ordinance Board, Committee and/or Staff Recommendation: Town staff recommends the Town Council approved the ordinance adopting the Code of Ethics. Item No. 9 Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO.07- xxx AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ESTABLISHING A CODE OF ETHICS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. y WHEREAS, the Town of Prosper desires for all of its citizens to have confidence in the integrity, independence, and impartiality of those who act on their behalf in government; and WHEREAS, this proposed Code of Ethics to define the bounds of reasonable ethical behavior by the Town Council and all appointed Town Officials. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS that this Ordinance be adopted in order to promote confidence in the government of the Town of Prosper, and thereby enhance the Town's ability to function effectively. PART A: DECLARATION OF POLICY Y SECTION]: STATEMENT OF PURPOSE It is essential in a democratic system that the public have confidence in the integrity, independence, and impartiality of those who act on their behalf in government. Such confidence depends not only on the conduct of those who exercise Official power, but on the availability of aid or redress to all persons on equal terms and on the accessibility and dissemination of information relating to the conduct of public affairs. The Prosper Town Council adopts this Code of Ethics in order to promote confidence in the government of the Town of Prosper, and thereby enhance the Town's ability to function effectively. The Code of Ethics establishes standards of conduct, disclosure requirements, and enforcement mechanisms relating to Town Officials. The Code of Ethics also covers others whose actions inevitably affect public faith in Town government, such as former Town Officials, candidates for public office, and persons doing business with the Town. By prohibiting conduct incompatible with the Town's best interests and minimizing the risk of any appearance of impropriety, this Code of Ethics will further the legitimate interests of democracy. Code of Ethics Ordinance Page 1 of 21 SECTION 2: DEFINITIONS As used in this Code of Ethics, the following words and phrases have the meaning ascribed to them in this Section, unless the context requires otherwise or more specific definitions set forth elsewhere in this code apply: Affiliated. Business entities are "Affiliated" if one is the parent or .subsidiary of the other or if they are subsidiaries of the same parent Business Entity. -, A;,, Affinity. Relationship by "Affinity" is defined in Sections 573.024 and 573`"005 of the Texas Government Code. (See Attachment "A')gg>` 4 � Before the Town. Representation or appearance "Be'ore the Town" means before th Town Council or a Board, commission, or other Town entity. Board. A Board, commission, or committee: (1) Which is established by Town O1 Town and another Party, or state laN" (2) Any part of whose membership is Board, commissiongr committee tl of the state. (3) The ProsperEconomic Devefopmer Code of Ethics. ... inter -local contract between the Council, but does not include a of a separate political subdivision is considered a Board for the purpose of this Business Entity. "B iness EMI y means a sole proprietorship, partnership, firm, corporation, limited liability company, holdin epany joint-stock company, receivership, trust, unincorporated association, or any other business entity' recognized b law. Code of Ethics: "Code of Ethics;, Ethics Code, or this Code means Parts A through H of this Ordinance. 9�'. a. Confidential Government Information. "Confidential Government Information" is all information held by the Town that is not available to the public under the Public Information Act, (Chapter 552, Local Government Code ("the Act")) and any information from a meeting closed to the public pursuant to the Texas Open Meetings Act, (Chapter 551, Local Government Code) regardless of whether disclosure violates the Act and/or the Texas Open Meetings Act. Town. "Town" means the Town of Prosper, Texas. Code of Ethics Ordinance Page 2 of 21 Consanguinity. Relationship by "Consanguinity" is defined in Sections 573.022 and 573.023 of the Texas Government Code. (See Attachment "A') Discretionary Contract. "Discretionary Contract" means any contract other than those which by law must be awarded on a qualified bid basis. Economic Interest. "Economic Interest" is legal or equitable property interests in land, chattels, and intangibles, and contractual rights having a value of more than fifty thousand dollars ($50,000.00). Service by a Town Official as an Officer, director, advisor, or otherwise active participant in an educational, religious, charitable, fraternal, or civic organization does not create for that Town Official an Economic Interest in the property of the organization. "Economic Interest" does not include the contract and/or business relationship that the Town Manager, ToWn Secretary, and/or the Municipal Court Judges and Magistrates and/or their respective law firms have with the Town. :� f' Ownership of an interest in a mutual or common investmen fund that holds securities or other assets is not an Economic Interest in such securities or other assets unle s, the person in question participates in the management of the fund.' T Gift. A voluntary transfer of property (including the payment of money) or the conferral of a benefit having monetary value (such as the rendition of services or the forbearance of collection on a debt), unless consideration of equal or greater value is received by the donor as quid pro quo. Indirect Ownership. A person "indirectly owns" an equity interest in a Business Entity where the interest is held through a series of business entities, some of which own interests in others. Matter. Matter is defined as the events or circumstances of a particular situation. Official. The term "Official or "Town Official" is defined as the following persons: (1) The Mayor (2) Members of the Town Council (3) Municipal Court Judges and Magistrates (4) The Town Manager (5) The Assistant Town Manager (6) The Town Secretary (7) Members of the temporary or standing, current or future Boards, Commissions, Governing Bodies, and Boards of Directors when those Boards, Commissions, Governing Bodies, and Boards of Directors are appointed in their entirety or partially by the Town Council of the Town. Code of Ethics Ordinance Page 3 of 21 Official Action. "Official Action" is defined as: (1) any affirmative act (including the making of a recommendation) within the scope of, or in violation of, a Town Official's duties, and (2) any failure to act, if the Town Official is under a duty to act and knows that inaction is likely to affect substantially an Economic Interest of the Town Off ial or any person related to the Town Official in the first degree by consanguinity or affinity (See Attachment "A "). Official Information. "Official Information" is information gathered pursuant to the power or authority of Town. Partner. "Partner" is defined as partners in general partnerships, limited partnerships, limited liability partnerships, joint ventures, and any other partnership allowed by law. Personally and Substantially Participated. The requirement of having "personally and substantially participated" in a Matter is met only if the indi id in fact exercised discretion relating to the Matter. The fact that the person had responsibility for a Matter does not by itself establish that the person "personally and substantially participated" in the Matter.,,; Representation. "Representation" is defined as all forms of communication and personal appearances in which a person, not acting in performance of Official duties, formally or informally, serves as an advocate for private interests, regardless of whether the Representation is compensated. Lobbying, even on an informal basis, is a form of Representation.. Representation does not include appearance as a fact witness in litigation or other Official proceedings. V .W Solicitation. "Solicitation" of subsequent employment or business opportunities is defined as all forms of proposals and negotiations re ati g thereto. SECTION 3: WORDING INT RETATION The gender of the wording throughout this Ordinance shall always be interpreted to mean either sex. All singular words shall include the plural, and all plural words shall include the singular. All references to the laws of the State of Texas or the Home Rule Charter, Ordinances, or Resolutions of the Town of Prosper Texas shall mean "as presently enacted or hereafter amended". Code of Ethics Ordinance Page 4 of 21 PART B: PRESENT TOWN OFFICIALS SECTION 1: IMPROPER ECONOMIC BENEFIT (a) General Rule. Town Officials shall comply with Chapter 171 of the Local Government Code regarding conflicts of interest. (b) Affidavit and Abstention from Voting Required. Town Officials shall comply with Chapter 171 of the Local Government Code regarding Affidavits and Abstention from Voting. SECTION 2: UNFAIR ADVANCEMENT OF PRIVATE INTERESTS (a) General Rule. A Town Official may not use his Official position to grant or secure, or attempt to grant or secure, for any person (including himself) any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully available to other persons. This rule does not apply to actions taken by a Town Official in the legislative process. (b) Special Rules. The following special rules apply in addition to the general rule: (1) Reciprocal Favors. A Town Official may not enter into an agreement or understanding with any other person that Official Action by the Official will be rewarded or reciprocated by the other person, directly or indirectly. (2) Appointment of Relatives/Anti-Nepotism: A Town Official shall not nominate, appoint or vote to nominate or appoint any person to a paid position with the Town who is related to the Town Official within the third degree of Consanguinity or second degree by Affinity. (3) No Town Council member who is on the Board of a nonprofit organization may vote on any funding request by that nonprofit organization, unless the nonprofit organization has a Board of directors or trustees appointed in whole or in part by the Town Council. (c) Recusal and Disclosure. A Town Official whose conduct would otherwise violate Part B, Section 2(b)(2) shall openly declare that he/she must be recused based upon the Anti -Nepotism provisions and such Town Official shall not be counted as present for the agenda item for purposes of the tally or determining the total votes required. SECTION 3: GIFTS disclosure form for $25a (a) General Rule. A Town Official shall not solicit, accept, or agree to accept any Gift or benefit having a total aggregate value more than $250 over a consecutive 6 month period from the same person or entity. Code of Ethics Ordinance Page 5 of 21 (b) Special Applications. Subsection (a) does not include: (1) a Gift to a Town Official relating to a special occasion, such as a wedding; anniversary, graduation, birth, illness, death, or holiday, provided that the value of the Gift is fairly commensurate with the occasion ancl" the relationship between the donor and recipient; �y (2) reimbursement of reasonable expenses for travel ..athonzed in accordance with Town policies; (3) a public award or reward for meritorious,..seWi'ce or professional ach e. ement, that the award or reward is reasonable ri fight of the occasion; provided (4) a loan from a lending institution made in its,regular'cse of business on the same terms generally available to the public; (5) a scholarship or fellowship awarded..on-µthe same terms and based on the same criteria that are applied to other applicants; or �t1` µ y' ��`N' (6) admission to an event u which theUoA Offi41 is participating in connection with Official duti a (7) lawful (8) sttendi exchanging Gi or civic events pertinent to the public .Uns of the Town; % th his family and relatives; (10) "exchanging Gifts hurch functions or Town parties or functions where only Town Officials and thei?'�Iiployees are invited or attended; (11) exchangingG sRor receiving a bonus from their place of full-time employment; (12) meals for the Town Official, and the Town Official's spouse, paid for by another party; or (13) participation in charitable events where the ticket price, entry fee or the like is waived for the Town Official and/or the Town Official's spouse. Code of Ethics Ordinance Page 6 of 21 (c) Gifts to Closely Related Persons. A Town Official shall take reasonable steps to persuade a parent, spouse, child, stepchild, or other relative within the second degree of Consanguinity or Affinity (see Attachment "A') not to solicit, accept, or agree to accept any Gift or benefit which would violate Section 3(a) if the Official solicited, accepted, or agreed to accept it. SECTION 4: CONFIDENTL41, INFORMATION W" MRSK (a) Improper Access. A Town Official shall not use his position t11�o, secure Official Information about any person or entity for any purpose other than the performance 6ROfficial responsibilities. v. (b) Improper Disclosure or Use. A Town Official shall notdis'lose ConfidentiGovernment Information or use such information to further or impede anyone;s,personal interests. �} This Section 4 does not prohibit: ; r .h (1) any disclosure or use that is auth sized or required by aw; or (2) the confidential reporting of illegal or unethical conduct to'authorities designated by law. SECTION S: REPRESENTATION OF PRIVATE IN, 7FRESLTfS,,,, (a) Representation before {the Town. A `Town Off vial shall not represent any person, group, or entity, other than himself, o s spouse or nei or children 'before the Town. (b) Representation in Litigation Adverse to t1ieT 1 Salaried Off cis' salaried Town Official shall not represent an person, group, or entity, () ,. p Y p P, Y, other than himself, .or his spouse or minor children, in any litigation to which the Town is a party, if the interests ofthat r!Le, group, or entity are adverse to the interests of the Town. (2) Non -Salaried Officials: A{ non -salaried Official shall not represent any person, group, or entity, other than himself, or his spouse or minor children, in any litigation to which the Town is a party, if the interests f that person, group, or entity are adverse to interests of the Town and the matter is substantially related to the non -salaried Official's duties to the Town. SECTION 6: PUBLIC PROPERTYAND RESOURCES A Town Official shall not use, request, or permit the use of Town facilities, personnel, equipment, or supplies for private purposes, except: Code of Ethics Ordinance Page 7 of 21 (a) pursuant to duly adopted Town policies; or (b) to the extent and according to the terms that those resources are lawfully available to the public. SECTION 7: POLITICAL ACTIVITY Limitations on the political activities of Town Officials are iml Town personnel rules. In addition, the following ethical restricti (a) Influencing Subordinates. A Town Official shall not, any subordinate of the Official: (1) to participate in an election campaign, confn ute to a engage in any other political activity relating t particu (2) to refrain from engaging in any lawful politi Town Charter. A— Mak. � (b) Official Vehicles. A Town Official Town vehicle under his control: ,,,- Limitations on the use of u"blic prc Section 6. A Town Official may not the use of public propertyfor "politic, it exists or may be amended. o� A A general R O&TATij law, the Town Charter, and or attempt to induce late or political committee, or candidate, ar issue, or , except activities prohibited by the campaign materials on any and reso ces for political purposes are imposed by Part B, or autho ze the spending of public funds or use or authorize rtising", as that term is defined in the Texas Election Code, as another person to vote does not violate this rule. (a) Violation�by Other Town Or bials. A'Town Official shall not knowingly assist or induce, or attempt to assist or ill&ce, another Town Official to violate any provision in this Code of Ethics. (b) Using Others to Engage in Forbidden Conduct. A Town Official shall not violate the provisions of this Code of Ethics throughAR acts of another. Code of Ethics Ordinance Page 8 of 21 SECTION 9: INTERACTION WITH TOWN STAFF (a) Town Council members' and Board Members' interaction with the Town Manager or staff must recognize the lack of authority in any individual Town Council member, Board Member or group of Town Council members or Board Members, except when explicitly authorized by the Town Council or Board. (b) Town Council members and Board Members will not make public individual judgments of the performance of the Town Manager, his staff, the Town Secretary, or the Municipal Judge except as authorized by Town policy, ordinance, or the Town Charter.'; (c) Town Council members and Board Members may not attempt to coerce or intimidate Town Employees, interfere with Town Employees' duties, or otherwise circumvent t e authority of the Town Manager. Communications that are not in vioiation of this Section are permitted. SECTION 10: TOWN COUNCIL INTERACTION WITH GENERAL PUBLIC Town Council members' and Board Members' interaction with public, press or other entities must recognize the same limitation as expressed in Part B, Section 9 and the inability of any Town Council member or Board Member or group of Town Council members or Board Members to speak for the Town Council or Board except when explicitly authorized by the Town Council, that Board, or the Town Charter." ..;,• SECTION 11: AFFIDAVIT AND ABSTENTION FROM VOTING REQUIRED (a) If a local public official has a s bst4htial interest in a business entity or in real property, the official shall file, before a vote or decision on any a matter involving the business entity or the real property, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter if: (1) Ownership of 10 percent or more of the voting stock or shares of the business entity; or (2) Ownership of either 10 percent or more, or $15,000 or more of the fair market value of the business entity; or 'vx� o (3) Funds received by the affiant from the business entity exceed 10 percent of the affiant's gross income for the previous year; or (4) Ownership of a legal or equitable interest in subject real estate with (said interest) having a fair market value of $2,500 or more; or Code of Ethics Ordinance Page 9 of 21 (5) Is related to a person (in the first degree, by consanguinity or affinity, as determined under Chapter 573, Government Code), who has a substantial interest as such term is defined in Subsection 171.002 of the Local Government Code. (b) The affidavit must be filed with the official record keeper of the governmental entity. (c) If a local public official is required to file and does file an affidavit under Subsection (a), the official is not required to abstain from further participation in the matter requiring the affidavit if a majority of the member of the governmental entity of which the official is a member is composed of persons who are likewise required to file and who do files affidavits of similar interest on the same official action. :.:. PART C: FORMER TOWN OFFICIALS 4 SECTION 1: CONTINUING CONFIDENTLALITY A former Town Official shall not use or disclose Confidential Government Information acquired during service as a Town Official. This rule does not prohibit,: (a) any disclosure or use that is authorized or required by law; or, 104 (b) the confidential reporting of illegal or unethical conduct to authorities designated by law. SECTION 2: SUBSEQUENT REPRESENTATION (a) Representation by a Former Board Member. A person who was a member of a Board shall not represent before that Board any person, group, or entity other than himself, or his spouse or minor children, for a period of six (6) months after the termination of his Official duties. (b) Representation before the Town. A former Town Official shall not represent any person, group, or entity, other than himself, or his spouse or minor children, before the Town for a period of six (6) months after termination of his Official duties, unless hired by the Town under the authority granted within the Town Charter. (c) Representation in Litigation Adverse to the Town. A former Town Official shall not, absent consent from the Town, represent any person, group, or entity, other than himself, or his spouse or minor children, in any litigation to which the Town is a party, if the interests of that person, group, or entity are adverse to the interests of the Town and the Matter is one in which the former Town Official Personally and Substantially Participated prior to termination of his Official duties. Code of Ethics Ordinance Page 10 of 21 SECTION 3: DISCRETIONARY CONTRACTS (a) Impermissible Interest in Discretionary Contract or Sale. This Subsection applies only to contracts or sales made on a discretionary basis, and not to contracts or sales made on a competitive bid basis. Within six (6) months of the termination of Official duties, a former Town Council member shall not have a financial interest, direct or indirect, in any contract with the T2dfwn, and shall not be financially interested, directly or indirectly, in the sale to the Town of any;l�and'� materials, supplies, or service. Any violation of this Section, with the knowledge, expressed or implied, of the individual or Business �' �n Entity contracting with the Town Council shall render the cohtract involved voidable by the Town Manager or the Town Council. A former Town CouncilAember has a prohibited "financial interest" in a contract with the Town, or in the sale to the Town(HIand, materials, supplies, or service, if any of "� +V the following individuals or entities is a party to thecontract or sale: (1) the former Town Council member; (2) his/her parent, child, stepchild, or (3) a Business Entity in which the (A) ten (10) percent (B) ten (10) percent (4) a Business Enf t3,Z6f which subcontract .N.'a To (A ) a (B) an,A"ff liafed busine. s- (b) PriorPaxticipation in Negotiation (1) year �o the terminatio of Discretionary Contract, if he Per of the contract. �. (c) Definitions. For the fair ndividual directly or indirectly owns: areskof the Business Entity, or of tfi&'Business Entity; or listed in Part C, Section 3(a)(1) or 3(a)(3) is: warding. A former Town Council member may not, within one �`1 duties, perform work on a compensated basis relating to a ly and Substantially Participated in the negotiation or awarding C, Section 3(a) of this rule: (1) A "former Town Council member" is any person who, immediately prior to termination of Official duties, was the Mayor or a member of the Town Council. (2) The term "contract" means any contract other than a contract for the personal services of the former Town Council member. Code of Ethics Ordinance Page 11 of 21 (3) The term "service" means any services other than the personal services of the former Town Council member. PART D: PERSONS DOING BUSINESS WITH THE TOWN SECTION]: PERSONS SEEKING CONTRACTS La) Disclosure of Parties, Owners, and Closely Related Persons. An individual or Business Entity seeking a contract from the Town is required to complete the Conflict of Interest Questionnaire required by Chapter 176 of the Local Government Code. (b) Political Contributions. Any individual or Business Entity seeking a Discretionary Contract from the Town must disclose, on a form provided by the Town, all political contributions totaling two hundred fifty dollars ($250) or more within the past twenty-four (14) months made directly or indirectly to any member of Town Council, or to any political action committee that contributes to Town Council elections, by any individual or Business ntity whose identity must be disclosed under Part D, Section 1(a). Indirect contributions by an entity include, but are not limited to, contributions made through the officers or owners of the Business Entity.Aw. , 'h . (c) Briefing Papers and Open Records. Briefing papers prepared for the Town concerning any proposed Discretionary Contract shall reveal the information disclosed in compliance with Part D, Sections l(a) and 1(b), and that information shall constitute an open record available to the public. PART E: MEMBERS OF THE PUBLIC AND OTHERS Part E applies to current and former Town Officials, persons doing business with the Town, and lobbyists, as well as to members of the public and any other person (including Business Entities and nonprofit entities). SECTION]: FORMS OF RESPONSIBILITY No person shall induce, attempt to induce, conspire with, aid or assist, or attempt to aid or assist another person to engage in conduct violative of the obligations imposed by this Code of Ethics. SECTION 2: STANDARDS OF CONDUCT (a) No Town officer, employee, or advisory board member or their spouses shall knowingly: Code of Ethics Ordinance Page 12 of 21 (1) Accept or solicit any gift, favor, service, or thing of value from any person group or business entity that might reasonably tend to influence him in the discharge of his official duties. This prohibition shall not apply to: (a) An occasional non pecuniary gift, insignificant in value or; (b) An award publicly presented in recognition of public service or; (c) Any gift which would have been offered or given to him if he were not a Town officer, employee, or advisory board member, or their spouses. (2) Grant in the discharge of his or her official duties any improper favor, service or thing of value to any person group or business entity; (3) Accept or solicit any gift, favor, service or thing of value, including a promise of future employment, of sufficient economic va`f`ue that it might reasonably tend to influence him, in the discharge of his official duties, from any person, group or business entity: a. Who is licensed or has a substantial interest in any business entity that is licensed by any Town department, agency, commission, or board on which the Town officer, employee, or advisory board member serves; or b. Who has a financial interest in any proposed ordinance or decision upon which t he Town officer, employee, or advisory board member may or must act or make a recommendation; provided, however, tat any Town officer, employee, or advisory board member and their spouses, may accept travel and related expenses to attend ceremonial functions, provided that such acceptance and attendance have been approved by the Town council prior to the occurrence of the ceremonial function. (4) Knowingly discloses any confidential information gained by reason of the position of the officer, employee or advisory board member concerning the property, operations, policies, or affairs of the Town, or use such confidential information to advance any personal interest, financial or otherwise, of such officer, employee, or advisory board member, or others. Section (a)(4) of this section shall not preclude disclosure of such confidential information in connection with any investigation or proceeding regarding whether there has been a violation of the standards of conduct set forth by this article. Code of Ethics Ordinance Page 13 of 21 (5) Use one's position or office of employment or Town facilities, personnel, equipment, or supplies to secure special privileges or exemptions for himself or others or for the private gain of the Town officer, employee, advisory board member or his spouse. (6) Engage in any exchange, purchase or sale of property, goods or services with the Town, except: a. Rendering services to the Town as an officer employee or advisory board member; b. Paying taxes fines utility service or filing feesc C. Executing and performing any develo er s agreement or plat in compliance with laws and regulations applicable to any person pro 'ded however that if any Town ordinance rule or regulation allows any discretion by the appropriate officers or employees of the Town in the interpretation or enforcement of such ordinance rule or regulation any such discretion shall be exercised in favor of the Town in connection with any such developer's agreement or plat; d. Advisory board members who are not otherwise 'officers or employees of the own may engage in any exchange purchase or sale of property goods or services with the Town or enter into a contract with the Town provided that the board on which they are a member has no advisory function or cognizance direct or indirect present or prospective with respect.to the transaction in which. such advisory board member engages or proposes to engage. r..t . (7) Hold himself herself out as representing the Town in any capacity other than that for which he was appointed elected or hired (8) Engage in or accept private employment or render a service when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independent judgment in the performance of his or her official duties. (9) Make or permit the unauthorized use of Town owned vehicles equipment materials or property. (10) Grant any special consideration treatment or advantage to any citizen beyond that which is available to every other citizen Code of Ethics Ordinance Page 14 of 21 (11) After termination of service or employment with the Town appear before any board or commission of the Town in relation to any case proceeding or application in which he or she personally participated or which was under his or her active consideration during the period of his or her service or employment (12) Transact any business in his or her official capacity with the Town with a business entity in which he she has a substantial interest. i. (13) Engage in any dishonest or criminal act or any other conduct prejudicial to the government of the Town or that reflects discredit upon the government of the Town. (14) Knowingly perform or refuse to perform any act in order to deliberately thwart the execution of Town ordinances, rules, or regulations or the achievement of official Town programs. (b) No officer, advisory board member, or Town employee shall knowingly represent directly or indirectly any person group or business entity: (1) Before the Town Council or any department agency board or commission of the Town; (2) In any action or proceeding against the interests of the Town or in any litigation in which the Town or any department agency board or commission thereof is a party; or (3) In any action or proceeding in the municipal courts of the Town which was instituted by a Town officer or employee in the course of his or her official duties or a criminal proceeding in which arty Town officer or employee is a material witness for the prosecution. lliwpol (c) No member of a Town board or commission shall knowingly represent, directly or indirectly, person, group or business entity: (1) Before the Town council or the board or commission of which he is a member; (2) Before a board or commission which has appellate jurisdiction over the board or commission of which he is a member; (3) In any action or proceeding against the interests of the Town or in any litigation in which the Town or any department, agency, board, or commission thereof is a party; or Code of Ethics Ordinance Page 15 of 21 (4) In any action or proceeding in the municipal courts of the Town which was instituted by a Town officer or employee in the course of his official duties, or a criminal proceeding in which any Town officer or employee is a material witness for the prosecution. (d) The restrictions in this section do not prohibit the following: (1) A Town employee or member of a Town board, other than Town Council, or his or her spouse appearing before the Town Council or a Town department, agency, board, or commission to represent himself or herself in a matter affecting his or her property; provided, however, that no such person or his or her spouse, shall appear before the board or commission of which he or she is a member; or (2) A Town employee or officer of an employee organization appearing before the Town Council or a Town department, agency, board, or commission to address employment matters. (e) The restrictions in this section do not apply to business associates of officers, employees, or advisory board members, but only personally to the officers, employees, and advisory board members themselves.: 4 PART F: ETHICS REVIEW PROCESS SECTION 1: DEFINITIONS As used in Part F, the term "ethics laws" is defined as this Code of Ethics, Article XIV of the Town Charter, and Chapters 171 and 176 of the Texas Local Government Code. The term "ethical violation" is defined as violations of any of these enactments. SECTION.2: COMPLAINTS (a) Filing. Any person who believes that there has been a violation of the ethics laws may file a sworn Complaint with the Town Secretary. The "Complaint" shall: (1) identify the person or persons who allegedly committed the violation; (2) provide a statement of the facts on which the Complaint is based; (3) to the extent possible, identify the rule or rules allegedly violated; and (4) be sworn to in the form of an affidavit and be based on personal knowledge of the affiant and be subject to the laws of perjury. The complainant may also recommend other sources of evidence that the Investigator (as defined below) should consider and may request a hearing. Code of Ethics Ordinance Page 16 of 21 (b) Confidentiality. No Town Official shall reveal information relating to the filing or processing of a Complaint except as required for the performance of Official duties. All papers relating to a pending Complaint are confidential. (c) Notification. A copy of a Complaint meeting Part F, Section 2(a) shall be promptly forwarded by the Town Secretary to the Town Attorney and to the person charged in the Complaint. The person charged in the Complaint shall also be provided with a copy of the ethics rules and shall be informed: (1) that, within fourteen (14) days of receipt of the Complaint, he may file a sworn response with the Town Secretary; (2) that failure to file a response does not preclude the Town Attorney from selecting an Investigator to process the Complaint; (3) that a copy of any response filed by the person charged in the Complaint will be provided by the Town Secretary to the complainant, who may within seven (7) days respond by sworn writing filed with the Town Secretary, a copy of which shall be provided by the Town Secretary to the person charged in the Complaint; (4) that the person charged in the Complaint may request a hearing; and (5) that Town Officials have a duty to cooperate with the Town Attorney, pursuant to Part F, Section 3 of this Code of Ethics. (d) Assistance. The Town Secretary shall provide information to persons who inquire about the process for filing a Complaint. SECTION 3: PROCEDURE FOR COMPLAINTS AGAINST TOWN OFFICIALS Within three (3) business days after receipt, it shall be the duty of the Town Attorney to select a third party attorney who does not perform legal work for the Town to conduct the investigation (the "Investigator") on behalf of the Town and notify the Town Council, Town Manager and the person charged in the Complaint of the Investigator selected. The Town Council shall approve or reject an Investigator selected by the Town Attorney at its next meeting for which there is time to post the item on the agenda as required by law. If the Town Council rejects an Investigator, the Town Attorney shall select another one in accordance with this Section. Within seven (7) business days after being approved as the Investigator by the Town Council, the Investigator shall make the initial determination/evaluation of the Complaint as to whether or not the facts alleged, if true, would at face value constitute a violation of this Code of Ethics. If it is determined by the Investigator that the facts as alleged would not constitute a violation, then at a meeting posted in accordance with the notice requirements of the Texas Open Meetings Act, the Investigator shall present a written report describing in detail the nature of the Complaint and the findings of the Investigator to the Town Council at its next regularly scheduled meeting. A majority of those Town Council members not implicated by the allegation(s) may either Code of Ethics Ordinance Page 17 of 21 invoke the investigatory procedure contained herein or reject the Complaint. Any vote regarding the Complaint shall be in a public hearing called for that purpose. If it is determined by the Investigator that the facts as alleged could constitute a violation of this Code of Ethics, then the Investigator shall, within seven (7) business days after receipt of the Complaint, notify the Mayor and Town Council of the existence and nature of the Complaint. The Mayor or any three (3) members of the Town Council may cause a meeting of the Town Council to convene, whether regular or special, within seven (7) business days after being so notified by the Investigator to further consider said Complaint in Executive Session and/or an Open Meeting, as permitted by the Texas Open Meetings Act. At said meeting, the Investigator shall present an initial written report ("Initial Report") to the Town Council describing in detail the nature of the Complaint and his findings and conclusions as to a possible violation of this Code of Ethics. The Investigator shall have all of the powers of investigation as is given to the Town Council by reason of Article III, Section 3.16 of the Town Charter. The Investigator shall report back to the Town Council in writing as soon as possible but in no event more than fifteen (15) business days from the day of the Initial Report or twenty-one (21) days from the day the appointment of the Investigator was approved by the Town Council, whichever is later. Said report shall be comprehensive in support of the Investigator's opinion as to whether or not a violation of this Code of Ethics occurred. The Town Council shall consider the findings of sand report at tl�e meeting at which it is presented at which time the person(s) accused shall have the right to a full and complete hearing with the opportunity to call witnesses and present evidence on his behalf. No final action, decision, or vote with regard to any matter shall be made except in a meeting which is open to the public. Any Town Council Member under investigation pursuant to this Section shall not0be penmitted to participate in any vote regarding violations of ethics laws. PART G: ENFORCEMENT MECHANISMS In addition to other remedies provided by law, any one or more of the following remedies may be imposed upon a Town Official with respect to violations of this Code of Ethics. If it has been determined that a Town Council member has violated a provision of this Code of Ethics, the Town Council member who is in violation shall not participate in decisions regarding any penalty(ies) to be imposed under this Part G and said Council Member shall not be counted as present for the agenda item for purposes of the tally or determining the total votes required. SECTION 1: DISCIPLINAR YA CTION Town Officials who engage in conduct that violates this Code of Ethics may be notified, warned, reprimanded, suspended, or removed from office or employment by the Town Council. Code of Ethics Ordinance Page 18 of 21 SECTION 2: CIVIL FINE Any person, whether or not a Town Official, who violates any provision of this Code of Ethics is subject to a fine not exceeding five hundred dollars ($500.00), such amount to be determined by the Town Council. • ry V SECTION 3: PROSECUTION FOR PERJURY ' Any person who files a false sworn Complaint under Part F, Section72a Vrgf this Code of Ethics is subject 47 to criminal prosecution for perjury under the laws of the State of,;Texas. SECTION 4: VOIDING OR RATIFICATION OF CONTRACT If an ethics review finds that there has been a violation o any provision of this ode of Ethics that is related to the awarding of a contract, the Town Council must vote on whether to ratify or void the contract. Such action shall not affect the imposition of enal., or remedy contained in this Code of Ethics or any other law. { SECTION S: DISQUALIFICATION FROM,iCONTRACTING (a) Any person (including business entities"and nro ,it entities. 4who intentionally or knowingly violates any provision of Part D (Persons D,'�o�ing B�uness'with th`�Town) may be prohibited by the Town Council from entering�nto; any contract v .th the TMR Xor a period not to exceed three (3) years. rrt'� (b) It is a violation of th s:--.Code of Ethics: (1) for a personprohibted from entering .m ova contract with the Town to enter, or attempt to enticontract with:the Town during the period of disqualification from contracting; or (2) or a Town OM (c) Nothing%ln6,*'s Section or from using�acility, (d) A Business Entity or n`je employee or agent, if th assist a violation of Part G, Section 5. construed to prohibit any person from receiving a service or benefit, generally available to the public, according to the same terms. entity may be disqualified from contracting based on the conduct of an ict occurred within the scope of the employment or agency. Code of Ethics Ordinance Page 19 of 21 PART H: ADMINISTRATIVE PROVISIONS SECTION]: OTHER OBLIGATIONS This Code of Ethics is cumulative of and supplemental to applicable state and federal laws and regulations. Compliance with the provisions of this Code of Ethics shall not excuse or relieve any person from any obligation imposed by state or federal law regarding ethics, financial reporting, lobbying activities, or any other issue addressed herein. Even if a Town Official is not prohibited from taking official action by this Code of Ethics, action may be prohibited by duly promulgated personnel rules, which may be more stringent. SECTION 2: EFFECTIVE DATE This Code of Ethics shall take effect on November 27, 2007, following its adoption and publication as required by law. Individuals seated as Town Officials on the effective date of this Ordinance shall be bound by it and shall sign a written acknowledgement of receipt and understanding of this Code of Ethics within 30 days of the effective date. All Town Officials elected, appointed or retained following the effective date of this Code of Ethics shall sign a written acknowledgement of receipt and understanding of 0 this Code of Ethics before performing any of the �duties or functions of the Town Official's position. '11U:. SECTION 3: DISTRIBUTIONAND TRAINING (a) At the time of application for a position of Town Official, every applicant shall be furnished with a copy of this Code of Ethics. No application shall be considered complete without a signed acknowledgement of receipt and understanding of this Code of Ethics by the applicant. (b) The Town Attorney or Town Manager as designated by the Town Council shall develop educational materials and conduct educational programs for the Town Officials on the provisions of this Code of Ethics, Article XIV of the Town Charter, and Chapters 171 and 176 of the Texas Local Government Code. Such materials and programs shall be designed to maximize understanding of the obligations imposed by these ethics laws. SECTION 4: SEVER,4BILITY If any provision of this Code of Ethics is found by a court of competent jurisdiction to be invalid or unconstitutional, or if the application of this Code of Ethics to any person or circumstances is found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Code of Ethics which can be given effect without the invalid or unconstitutional provision or application. Code of Ethics Ordinance Page 20 of 21 READ, CONSIDERED, PASSED AND APPROVED by the Town of Prosper, Texas, on this the 271h day of November, 2007. ATTEST: LM Matthew Denton, Town Secretary Charles Ni Code of Ethics Ordinance Page 21 of 21 PLANNING p iPER To: Mayor and Town Council From: Chris Copple, Senior Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — November 27, 2007 Date: November 19, 2007 Agenda Item: Consider and act upon 1) a request to rezone 22.3t acres located on the southwest corner of Prosper Trail and Coleman Street from Agricultural (A) and Single Family-15 (SF-15) to Retail (R), 13.4t acres, and Commercial (C), 8.9t acres (Z07-15), and 2) an ordinance rezoning the same. Description of Agenda Item: The public hearing for Z07-15 was held by the Town Council at their November 13, 2007 meeting. Due to an error with the wording of the agenda item, Town Council was not able to act on the zoning request. Tonight the Town Council may act upon the zoning request, and if approved as submitted, may adopt the attached ordinance. The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan North ETJ Single Family Residential Medium Density Residential East Single Family-10 Single Family Residential Medium Density (Trails of Prosper) Residential South Commercial Retail/Commercial Old Town Core District - (Eagles Crossing) Commercial Building Material and West Single Family-15 Hardware Sales, Major Neighborhood Office (Hope Lumber) Reguested Zoning — Z07-15 is a request to rezone 22.3t acres located on the southwest corner of Prosper Trail and Coleman Street from Agricultural (A) and Single Family-15 (SF-15) to Retail (R), 13.4t acres, and Commercial (C), 8.9t acres. Future Land Use Plan — The Future Land Use Plan (FLUP) recommends Old Town Core District — Retail and Old Town Core District - Commercial uses for the property. Retail (R) and Agenda Item No. 10 - Page 1 of 2 Commercial (C) zoning is appropriate in this area of the Old Town Core District and allows for the opportunity of a mix of commercial, retail, service, and office uses. The zoning request conforms to the FILLIP. Conformance to the Future Thoroughfare Plan — The property is adjacent to Prosper Trail and Coleman Street. Prosper Trail and Coleman Street are future four -lane divided thoroughfares. The future thoroughfare locations are for illustration purposes only. The zoning exhibit complies with the Future Thoroughfare Plan. Water and Sanitary Sewer Services — Water and sanitary sewer service have been extended to the property. Access — Access to the property will be provided from Prosper Trail and Coleman 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 Prosper Trail and Coleman 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 — There is no 100-year floodplain located on the property. Budget Impact: There are no significant budget implications associated with the approval of this zoning request. Legal 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 three reply forms, with one reply form in opposition of the request. State law requires that the Town Council hold a public hearing before approving a zoning request and adopting an ordinance rezoning property. A public hearing has been held. Attached Documents: 1. Zoning Exhibit A. 2. Old Town Core District Inset. 3. Public hearing notice reply forms. 4. The ordinance rezoning the property. Planning & Zoning Commission Recommendation: At their November 6, 2007 meeting, the Planning & Zoning Commission recommended that the Town Council approve the requested zoning by a vote of 6-0. Town Staff Recommendation: Town staff recommends that the Town Council approve the requested zoning as Retail (R), 13.4t acres, and Commercial (C), 8.9t acres as shown on Exhibit A and adopt an ordinance rezoning the same. Agenda Item No. 10 - Page 2 of 2 A-71 -[]Do IN � 1� ' OWN Pr P O F PLANNING DEPARTMENT P.O. Box 307 ER Prosper, TX 75078 Phone: 972-346-3502 Fax: 972-347-9006 REPLY FORM SUBJECT: Zoning Case Z07-15: The Town of Prosper has received an application to rezone 22.3t acres from Agricultural (A) and Single Family-15 (SF-15) to Retail (R),13.4t acres, and Commercial (C), 8.9t acres. LOCATION OF SUBJECT PROPERTY: The property is located on the southwest comer of Prosper Trail and Coleman Street. DESCRIPTION OF THE REQUEST: The requested zoning would allow the development of commercial, light intensity wholesale, retail, service, and office type uses on the property. kI OPPOSE the request as described in the notice of public hearing. ❑ I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (4TTACH ADDITIONAL SHEETS IF Name (please print) ture Address City, State, and Zip Code la(-,1� Date E-mail Address PLANNING DEPARTMENT P.O. Box 307 Prosper, TX 75078 Phone: 972-346-3502 Fax: 972-347-9006 REPLY FORM SUBJECT: Zoning Case Z07-15: The Town of Prosper has received an application to rezone 22.3t acres from Agricultural (A) and Single Family-15 (SF-15) to Retail (R),13.4t acres, and Commercial (C), 8.9f acres. LOCATION OF SUBJECT PROPERTY: The property is located on the southwest comer of Prosper Trail and Coleman Street DESCRIPTION OF THE REQUEST: The requested zoning would allow the development of commercial, light intensity wholesale, retail, service, and office type uses on the property. ❑ OPPOSE the request as described in the notice of public hearing. I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): It4�t )�� T if srn t I/C2� Ong �-Y✓�-f t'f c— . ,/�tr6Name leant)�� Address City, State, and Zip Code ¢ r Signature �t [0(rI-A-7 Date E-mail Address 10/09/2007 22:43 19723475674 PAGE 02 Vx Pl� SPEIi. REPLY FORM PLMNIN© DWAKT Fff P.O. Boot 307 Pmepw, TX 75M Phms: 972-3484IM Fax: on-w400e Zmft Case Z07-15: The Town of Prosper has mwWd an 8WRoation b rezone 22.& acres from ABfia tM) (A) and Singh Fatrly15 (SF15) b Rakg (A),13A:h am% and CotnnmW (C), Ut aces, LOC MON S ELT PROPERTY: The propsfty is bated on the =ftv t comer of NoW. Trail and CoMm Street. DESCRIMAOFTHEREQUESL The mWerted zonkV wo►dd WIDw the develop nel of commercial, hen* wholesale, mtpA servlos, and oHlaa type uses cn the prop ly. a lithe request as dowrbed In t s nafe of public hearro wo'l DO NOT OPPOSE tlta rg*m as dsrAW In the notice of pWc hea ft 00MMI=NT'SS (ATTACH ADDIMNAL SHEETS IF NECESSARY� W Yet. t-(Zo S(LANV3 Nome (please prMt) o&1w1og AQ mosp rk I TX . Y!Loje3 city, Stalk W4Zlp Code ro S51 diN4 Cohn "f vG'�tia�. C�; Address TOWN OF PROSPER, TEXAS ORDINANCE NO.07- AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 22.33 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED AGRICULTURAL (A) AND SINGLE FAMILY-15 (SF-15) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF RETAIL (R) AND COMMERCIAL (C); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and determined that Zoning Ordinance No. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas ('Prosper") has received a request from Prosper Rail Partnership ("Applicant") to rezone 22.33 acres of land, more or less, situated in the Collin County School Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, 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: Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the property containing 22.33 acres of land, more or less, situated in the Collin County School Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Retail (R), 13.398 acres, and Commercial (C), 8.932 acres. The Property as a whole and for this zoning classification is more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes as if set forth verbatim. All development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Inspector and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time -to -time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200') of the District to be amended. SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5: Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Savings/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 271^ DAY OF NOVEMBER, 2007. APPROVED AS TO FORM: Charles Niswanger, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary DATE OF PUBLICATION. . Dallas Morning News — Collin County Addition J.E. SMITH, LAND SURVEYOR 5269 HWY 377 SOUTH AUBREY, TEXAS 76227 (940) 365-9289 22.33 Acre Tract All that certain tract or parcel of land lying and being situated in the City of Prosper, Collin County, Texas, part of the COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, and being comprised of the following: 1) All that 6.419 acre tract described in a deed to Prosper Rail Partnership recorded under Clerk's Document No. 2007080700109938, 2) All that tract said to contain 12.927 acres as described in a deed to Prosper Rail Partnership recorded under Clerk's Document No. 20070516000663240, 3) All that tract said to contain 0.577 acres as described in a deed to the City of Prosper recorded under Clerk's Document No. 04-177886, 4) That portion of North Coleman Street lying between the pavement centerline thereof and the East boundary line of above cited tracts 1), 2) and 3), and 5) That portion of the Burlington Northern & Santa Fe Railroad right-of-way lying between the main line thereof and the West boundary line of above cited tracts 1), 2) and 3), said tract or parcel of land is herein described as follows, to wit. BEGINNING at an 1/2 inch iron rod found at the centerline intersection of Prosper Trail with North Coleman Street (Old Highway No. 289) for the Northeast comer 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, said comer being a ►`e-entrant comer of the COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, and the Northwest comer of the J.R. TUNNEY SURVEY, ABSTRACT NO. 916, an 112 inch iron rod set at the Northeast comer of said 6.419 acre tract bears South 34 degrees 33 minutes 45 seconds West 54.36 feet, and, the Northeast comer of said 0.577 acre tract bears North 89 degrees 32 minutes 48 seconds West 30.00 feet, THENCE with North Coleman Street, South 01 degrees 04 minutes 35 seconds West 1278.95 feet to a point for comer in the center thereof, THENCE North 89 degrees 12 minutes 00 seconds West at 30.0 feet passing an 112 inch iron rod (with red cap marked RPLS 4117) found at the Southeast comer of said 12.927 acre tract and in all a total distance of 889.09 feet to a point on the main line of Burlington Northern & Santa Fe Railroad for the Southwest comer hereof, an 1/2 inch iron rod set on the East line of the Burlington Northern & Santa Fe Railroad right-of-way at the Southwest comer of said 12.927 acre tract bears South 89 degrees 12 minutes 00 seconds East 51.03 feet, THENCE with the main line of said Railroad, North 12 degrees 21 minutes 00 seconds East 1301.44 feet to a point in the center of Prosper Trail for the Northwest comer hereof, an 112 inch iron rod set at the Northwest comer of said 6.419 acre tract bears South 42 degrees 18 minutes 08 seconds East 61.30 feet, THENCE South 89 degrees 32 minutes 48 seconds East passing the Northwest comer of said 0.577 acre tract and in all a total distance of 634.69 feet to the Place of BEGINNING and containing 22.33 acres of land. August 27, 2007 LAND DATA / LAND DATA aAlrr7aarJuwwe awaDE CW031""W" Jf-00FA7a71A7LAIDtA@ AOOC(LRrILsatAWIM AGI,OI nM l l HEIST PEGGYP HSM PROSPER TRAIL LTD / ABSTRACT A0147 ABSTRACT A0147 SLC2. 270AC. 3f SLOCKZ TRACT29 / 20170AC. _ / CCADAaaft.2f20.55f9 g CCADnooLNa25azs79 / COLLIN COUNTY SCHOOL iit t ue LAND SURVEY, ABST.No.147 PROSPER TRAIL �9� I R-0Wb= REC0.P77AC,.=0417JCtil� it I � I I Adlocent I I aaanep rope 2�. • I RECAA7PAC. ND DATA / D'DasJaaaamolaldao EOafa•OJOfaab AFL w A ENBfarelouse Awmannu/coa.67CJ4 LAND DATA I / E]0a7NO LANDU MAWWRro.71JPa 6afnsiwnume tac�tlad® WFACAM ILafJAOIEs aMMACW* a1J-ACM \ + I COLLIN COUNTY SCHOOL LAND SURVEY, ABST.No.147 :--y eaML PRO,BUILD REAL EST /� / HGLDINGS LLC l NIMILWAr ABSTRACT BLKZ TR40T0743 19.6480AC. CCADACCL No. 2055M I / • LAND DATA I / auaraatwra aFu / I 10asroaprlrnl7me Aaspann,L M.6K1a AETAOfES eat, O MACRIM a-tAa1N • f I j LAND DATA e7elrJsomala: 0�1 / Qrol!-LA,Df.E` AOA7CLLita,LL / / CENTEXHOMES ABSTRACTA0147 BLOCKZ TRACT77 SO OWAC CCADA'a No. 2598M / I / LAND DATA a7aa7r0J0Mb2 fAyaB�IL NBC Immullum / 6 � lkRl7alO1.MD1/.9ES fala,@O� I / �� 00012f07adfs000sa7tJ0� I NOTES: The thoroughfare alt mews) shown on tWs exWA be for Rratradon pwpoaes and does not ad the aligrurm t. The aSgranent is dam nhled d Thne of final plat FLOOD INFORMATION: The property xh w hereon to not sbuted In a deaip WW special flood harwd area per FEMA Map No. 4W85CO280 G, dated 1/19M. BEARING BASIS: DIRECTIONAL ORIENTATION DETERMINED BY ONSITE GPS OBSERVATION. OWNER: I I APPLICANT: PROSPER RAIL PARTNERSHIP CHRISTIE REALTY SERVICES 1700 REDBUD BLVD SUITE 0320 REDBUD BLVD SUITE 411320 MdCINNEY, TX 75009 11700 McKNNEY, TX 75059 (972)529.7022 (972)529.7022 EXHIBIT IIAII \ LAND DATA QkfaYR2L11/16C aR10/fLf 70JV e�arawolA,otArE aP++EPrerrly. DEVELOPMENT LLC — AXXfUM LANDABSTRACT ABSTRACT A01<7 J BLOOK2. TRACTM 77.8970 AC. CC4DAw' No 2137290 P.o.a COLLIN COUNTY SCHOOL LAND SURVEY, ABST.No.147 CKAIN CSII m sL1100t Ur0 mwm e-In fia'3T•es1 s�s,3a JA meal sow. M10 m cow - II I 1 nV"OIFPROSPER I SLaC71'ONN I I ILAND DATA I � aalnasawar caw I 1 I a0nwAN"umm frr.mavrrG •` J.R. TUNNEY SURVEY ABST.No.916 Ii BRYAF.' c c l Y I � _ U I E-m ! �� � :Z-:I.. I - TRA.SOFFROSPER SECTION a J4.3MAa OWNERAPTLTD. 000/200fd0lfgaa/P.6" TRAILBOFPROSP6t SEC"ON1S4a9Aam I I i ..�'�--• ORPIEW AAT.a7LTn 000rmaamaw q 11YL5{7N D�,Iva II Adjacent Properly owners zoo• Une JRAK80FPtRCtSPt7t SEC17dYm sn 1/2'R as Na 1:os7 aoa LAND DATA j1[�� -• manw:a�w: care - �.._ . OAYG TR REPRESENTATIVE: SANCHEZ & ASSOCIATES, LLC 220E VIRGNIA ST. Md(NNEY, TEXAS 75069 (469) 424-%W GRAPHIC SCALE b rd toD ( IN PEEP ) I Inch - 100 M LOCATION MAP ® 4D sul�ECT �as ® PRDPERTY m �....• - ..... ollp r40 - I 4mQt EECHIBIT "A" J SWIKIANDSWONM am wrmsouw ALSM. TEKAS 7=7 I01t►Jaa4a- 22J7Aae Tlsr NMt•acouse arrfr,irc., , rrerp•arIYOhM�r/1•.- bony ralb- Tara pafrMC04a,000MYEC/A70L/NIDEIMY6Y,ABa1RA07N0. 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SMITH, LAND SURVEYOR 5269 HWY 377 SOUTH PROPOSED ZONING RETAI.I COMMERCIAL ABREY, TEXAS 76227 TOTAL ACRES 22M ACRES (NO) 305-OM THIS DRAW/NG /S TO BE USED FOR EVAS/T PURPOSES ONLY Zw <a l Wa JaO IA r � �J EXHIBIT ENGINEERING To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer CC: Mike Land, Town Manager Frank E. Jaromin, P.E., Director of Public Works Re: Town Council Meeting — November 27, 2007 Date: November 19, 2007 Agenda Item: Discuss and update the Town Council on status of negotiating a Regional Wastewater Treatment Services Contract between the Upper Trinity Regional Water District and the Town of Prosper. Description of Agenda Item: At the February 13, 2007, Town Council Meeting, the various sanitary sewer treatment options to serve the western portion of the Town of Prosper were discussed. At that time, direction was given by the Town Council for Town staff to begin negotiating a contract with the Upper Trinity Regional Water District (UTRWD) to potentially provide sanitary sewer service to the western portion of the Town of Prosper. Since that meeting, Town staff and the Town Manager have met with the representatives of the UTRWD numerous times to discuss. At this time, Town staff is nearing completion of its negotiations and would like to discuss and update the Town Council on the status of the contract. Representatives from the UTRWD will be on -hand at the November 27, 2007, Town Council Meeting to address the Town Council and answer any questions the Town Council may have. Staff anticipates scheduling a Special Called Town Council Meeting prior to the UTRWD's December 6, 2007, Board Meeting to consider and act upon the contract. Budget Impact: Included in the proposed contract that is currently under negotiations are the following fees: • $61,085.84 for the reinstatement of the Town's membership to the UTRWD. • Approximately $365,460 of prior capital costs. Legal Obligations and Review: No legal review of this request by the Town's attorney is required. Agenda Item No. 11 - Page 1 of 2 Attached Documents: None Board. Committee and/or Staff Recommendation: Town staff recommends that the Town Council provide any comments and/or direction to Town staff on the status of negotiating a Regional Wastewater Treatment Services Contract between the Upper Trinity Regional Water District and the Town of Prosper. Agenda Item No. 11 - Page 2 of 2 t p T SPEIZ To: Mayor and Town Council ENGINEERING From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer CC: Mike Land, Town Manager Re: Town Council Meeting — November 27, 2007 Date: November 19, 2007 Agenda Item: Discuss and provide direction to Town staff regarding various proposed turn lane improvements along TxDOT roadways in the Town of Prosper. Description of Agenda Item: With all the growth the Town of Prosper is experiencing, various turn lane improvements along TxDOT roadways are becoming necessary to facilitate the growing traffic demand. Of all the TxDOT Roadways in the Town, Custer Road (FM 2478) and Preston Road (SH 289) are the most heavily traveled and either meet, or are beginning to meet traffic warrants for improvements. Custer Road (FM 2478) Based on the results of a Traffic Impact Analysis (TIA) submitted to the Town Prosper with the Whitley Place Development, a northbound left turn lane at Prosper Trail is currently warranted and a northbound left turn lane at First Street will be warranted in 2008. During TxDOT's review of the Whitley Place Driveway Permit, Town staff met with TxDOT to discuss how to remedy this situation. Since TxDOT currently has no funds for these types of improvement and the traffic growth was not attributed to the Whitley Place Development entirely but rather all the growth in the Town west of Custer Road, TxDOT is looking to the Town of Prosper to facilitate these improvements. Preston Road (SH 289) During the morning peak hours, Preston Road is extremely congested for motorists traveling south through the Town of Prosper which constrains Prosper motorists using Preston Road taking their children to Rucker Elementary. Currently these drivers are bypassing the numerous vehicles traveling south and using the existing shoulder as a right turn lane to access either Broadway or First Street. At this time the dedicated right turn lanes are not warranted but with the future widening of Preston Road still several months away from beginning final design, the construction of a dedicated southbound right turn lane at each of these intersections would be beneficial and improve safety for the motorists. Agenda Item No. 12 - Page 1 of 2 Budget Impact: Town staff discussed these proposed turn lane improvements with the TXDOT Collin County Area Engineer and he has agreed to provide the engineering services necessary to design the improvements in exchange for the Town constructing the improvements. An approximate cost estimate for the constructing the improvement is listed below: • Custer Road (FM 2478) o Northbound Left Turn Lane at First Street = $ 109,000 o Northbound Left Turn Lane at Prosper Trail $109,000 ESTIMATED TOTAL Custer Road = $ 218,000 • Preston Road (SH 289) o Southbound Right Turn Lane at Broadway = $ 32,000 o Southbound Right Turn Lane at First Street = 32,000 ESTIMATED TOTAL Preston Road = $ 64,000 ESTIMATED TOTAL Custer Road & Preston Road = $ 282,000 The cost for constructing the improvements is currently unfunded and the financial impact to the Town depends on the desired option(s). Legal Obligations and Review: No legal review of this request by the Town's attorney is required. Attached Documents: Location Map of Proposed Turn Lane Improvements Board. Committee and/or Staff Recommendation: Town staff recommends that the Town Council direct Town staff to work with TxDOT in coordination efforts to construct various proposed turn lane improvements along TxDOT roadways in the Town of Prosper. Agenda Item No. 12 - Page 2 of 2 z W 2 W 0 w IL 2 z a J z w D W U) 0 IL 0 w a LL 0 a a z 0 a 0 J C N N 0 L a E •L C U N N ALA W W Q 0 L a cn a� 0 0 u