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12.11.2007 Town Council Packet
AGENDA TOWN OFF S PER 1. Call to Order / Roll Call. 2. Invocation and Pledge of Allegiance. Regular Meeting of the Prosper Town Council Prosper Middle School - Library 605 E. Seventh Street, Prosper, Texas Tuesday, December 11, 2007 at 6:00 p.m. 3. Announcements of dates and times of upcoming community events. PRESENTATIONS 4. Presentation by Bill McMurry regarding the location of a future Prosper Post Office. 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.) 5. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) • November 27, 2007 — Regular Town Council Meeting • December 4, 2007 — Special Town Council Meeting ORDINANCES, RESOLUTIONS. AND AGREEMENTS b. An update on the Town's sports fields and/or the construction of future sports fields. (WH) 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(Cx7) 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) d. Consider and act upon 1) a Partial Assignment and Assumption of Agreement between Mustang - Midway Plano LTD., and Shaddock Developers, LTD., and 2) approve a resolution authorizing the Town Manager to execute the same. (CC) e. Consider and act upon a resolution canceling the December 25, 2007 Regular Town Council Meeting. (MD) f. Consider and act upon a resolution accepting the 2008 Workplan. (ML) 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.) 6. Other Comments by the Public. Page 1 of 2 REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case -by -case basis, at the discretion of the Mayor and Town Council.) DEPARTMENT ITEMS 7. Consider and act upon Interlocal Cooperation Agreement for Ambulance and Fire Protection Service in Denton County. (RT) 8. Discuss and update the Town Council on the Trails of Prosper Channel Improvements Project. (HW) PUBLIC HEARINGS 9. A public hearing to consider and act upon an ordinance relating to approval of a taxation of goods - in -transit that are otherwise exempted from taxation by Property Tax Code Section 11.253. (ML) EXECUTIVE SESSION 10. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: a. Section 551.087 to deliberate on economic development negotiations regarding the Gates of Prosper project. b. Section 551.087 to discuss the Western Prosper Sanitary Sewer Line. C. 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. 11. Reconvene into regular session and take any action necessary as a result of the closed session. 12. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 13. Adjourn. Note: The order in which items are heard on the agenda is subject to change. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted by the following date and time: Friday, December 7, 2007 at 5:00 p.m. and remained so posted at least 72 hours before said m` OF P,9 �% 0�,�•0 • �A atthew D. Denton, TRMC a eZ Date Noticed Removed ° Town Secretary ° In addition to any specifically identified Executive Sessions, Counciri'a y con BE*A9efecut.ive S on under Section 551 of the Texas Government Code at any point during the open meeting to discuss any item posted on this agf�Ija W. �vieeti ct provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those a ��a9s�i ically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. 17 666 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. Page 2 of 2 ISPER OWN OF 1. Call to Order / Roll Call. The meeting was called to order at 6:06 p.m. Roll call was taken by the Town Secretary. MINUTES Regular Meeting of the Prosper Town Council Prosper Middle School - Library 605 E. Seventh Street, Prosper, Texas Tuesday, November 27, 2007 at 6:00 p.m. Council present included: Mayor Charles Niswanger, Mayor Pro-Te nD Dave Turley, Kenneth Dugger, Kevin Drown, Mike Wadsworth, and Ray Sm ;m;crmvr.. n Staff present included: Mike Land, Town Manager; Copple, Senior Planner; Dan Tolleson, Executive D Matthew Denton, Town Secretary. 2. Invocation and Pledge of Allegiance. The invocation was given by Pastor Dave Bent Mayor Niswanger led the Pledge of Allegiance. 3. Announcements of dates and times of u Mayor Niswanger Deputy Mayor Pro-TemOTF& ey announce&d'the Prosper from 6:00 p.m. to 9:00 p.m.af 3474 Twi Lakes Drive. ebb, Director of Deve the Economic Develo Christian Deputy Mayor Pro-Tem Services; Chris :)rrooration: and on Decemb�W 81h at 6 p.m. in Downtown Prosper. of Commerce Christmas Party on November 30`' 4. Recess into Closi sion in egmpliance with Section 551.001 et. seq. Texas Government Code, to 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 err of Texas conflicts with the Open Meetings Act and relating to legal issues and negotiations with orest City in conjunction with the development of the Mahard property. b. Section 55 .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 property. Motioned by Councilmember Smith, seconded by Councilmember Dugger to recess into closed session. Motion approved 7-0. Council recessed into closed session at 6:09 p.m. 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 Page 1 of 4 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. Motioned by Councilmember Smith, seconded by Councilmember Drown to reconvene into regular session. Motion approved 7-0. Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to approved the Preannexation Agreement as presented and authorize the Town Manager to sign said agreement subject to the final "clean ups" win no substantive changes, other than, the Town Manager and Town Attorney are authorized to do final negations for specifically sections 2(f), 15(b), 19, 40, and 47.j^?x&,�,,x Motion approved 7-0. r�v, Mayor Niswanger left the meeting at 6:58 p.m. CONSENT AGENDA 6. Consent Agenda MINUTES a. C. I Consider and act upon minutes from the following November 12, 2007 — Special' November 13, 2007 — Regular Consider and act upon residential and non-res 5). (Z07-17) (CC),E An update on the services (MID) Meeting I Meeting ie Zoning�;Ordinance regarding screening between in the OldiTown Core District (Chapter 4, Section the bomb threat at Prosper High School. (KM) e. CowaS'er and •act' up�,on 1) a •,7P:artial 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 exec ut the same: (CC) ANNEXATION PETITIONS •' f. Consider and�.act to accept 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�lI&ated in the Spencer Graham Survey, Abstract No.359, and being more generally located +3700 east o, oit 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) Page 2 of 4 Mayor Pro-Tem Bristol requested Item 6b be pulled from the Consent Agenda. Motioned by Councilmember Smith, seconded by Deputy Mayor Pro-Tem Turley to approve the consent agenda items 6a and 6c through 6h. Motion approved 6-0. b. An update on the Town's sports fields and/or the construction of future sports fields. (WI) Mayor Pro-Tem Bristol asked that this item be pulled from the agenda for further discussion with staff. Hulon Webb, Director of Development Services, gave council an update on the Motioned by Councilmember Smith, seconded by Mayor Pro-Tem Bristol to�.k.approye item 4b. Motion approved 6-0. As400 ' t CITIZEN'S COMMENTS 7. Other Comments by the Public. <�— w�c�o-n�o Scott Schur, 981Lindsey Drive, addressed council regarding the�condition of}wthe sports fields. f REGULAR AGENDA DEPARTMENT ITEMS 8. Discuss and act upon an ordinance esfablisbing "a years. new curfew for juveniles under the age of 17 (KM) Mike Land, Town Manager, ga a council background information on thim p m. p , Motioned by Councilmember Wadsworth, seconded by Mayor Pro-Tem Bristol to approve the ordinance. The motion died due tova'tie';y,ote. Deputyi Mayor Pro-Tem Turley, Councilmember Dugger, and Councilmember Smith voted "no." hSYli•}nOnA .,57:4}' 4%v.,� ..S•lti 9. Town Manager, item. The Town Council discussed the 4YRII. Town staff will bring t1e• Mayor Niswanger returne a Code of Ethics as required by the Town Charter. Town Secretary gave council background information on this ordinance and made some recommendations and requests for staff. council at a future council meeting. meeting at 7:30 p.m. 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) Chris Copple, Senior Planner, gave council background information on this item. David Kalhoefer, Sanchez Associates, answered questions for council. Page 3 of 4 Motioned by Councilmember Wadsworth, seconded by Mayor Pro-Tem Bristol to approve the requested zoning as Retail (R), 13.4f acres, and Commercial (C), 8.9f acres as shown on Exhibit A and adopt an ordinance rezoning the same. Motion approved 7-0. 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) Tom Taylor, Upper Trinity Regional Water District, gave a presentation to council. ry�r�- Mike Land, Town Manager, discussed the contract with council and stated the council will vote on the contract at the December 4, 2007 Special Town Council Meeting. 12. Discuss and provide direction to Town staff regarding various proposed turn lane improvements along TxDOT roadways in the Town of Prosper. (HW) Hulon Webb, Director of Development Services, discussed thewarious proposed turn lanes. Council discussed the jA%A turn lanes and instructed staff to inquire about adding additigrial$turn lanes on Preston Road. 13. Possibly direct Town Staff to schedule topic(s) for discussion .Z ; r 1 Deputy Mayor Pro-Tem Turley asked for stafQo give an update the P4 staff if building permits have an expiration date aftet,being issued and if a time limit on building permits. Mayor Pro-Tem Bristol asked that an item be place ftn the video of the council meetings on the Town's website. 14. Adjourn. Motioned by Councilmdmber--�'$' mith, seconded by Deputy Motion approved 7-0. Amp The meeting was djo� 8:3 Attest: Matthew D. Denton, Town Secretary meeting. 48 situation. Turley also asked for i bring an ordinance forward putting regarding recording devices and showing rlro-Tem Turley to adjourn. Charles Niswanger, Mayor Page 4 of 4 ISPER OWN OF 1. Call to Order / Roll Call. The meeting was called to order at 6:04 p.m. MINUTES Special Meeting of the Prosper Town Council Prosper Town Hall 121 W. Broadway Street, Prosper, Texas Tuesday, December 4, 2007 at 6:00 p.m. Council present included: Mayor Charles Niswanger, Mayor Pro-Tem David Bristol, Deputy Mayor Pro-Tem Dave Turley, Kenneth Dugger, Kevin Drown, Mike Wadsworth, and Ray Sni, 'M Staff present included: Mike Land, Town Manager and Hulon Webb, D+�irector of Development Services. 2. Consider and act upon 1) a Regional Wastewater Treatment Services Con°a�ct�'hbetween the Upper Trinity Regional Water District and the TownAofiRrosper, and 2) approve a resolutionauthorizing the Town Manager to execute the same. (M�,'1Rtff, Motioned by Councilmember Smith, seconded by Deputy Mayo10' ,.B%-Tee Turley to approve a Regional Wastewater Treatment Services Contract between the Upper TrimtyRegional Water District and the Town of Prosper and adopt a resolution authorizing the town manager to execute tile° same subject to attorney comments and modification to Exhibit B. Motion approved 7-0.�'{Y.fi hti}}1na* 3. Adjourn. Motioned by Councilmember. Smi h�conded by Councilmember Dugger to adjourn. Motion approved 7-0. `� I , w,_ Attest: TRMC Town Secretary Charles Niswanger, Mayor Page 1 of 1 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 — December 11, 2007 Date: December 6, 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. 1. 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, Folsom 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. 5b - 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 2"d 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'. The design has been executed and the survey of the site scheduled. The PARBd directed staff to negotiate a cost for the addition of a lighting plan and construction documents for a select number of the fields. Staff expects to revisit this issue at the December 20th meeting of the PARBd. 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. 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. 5b - Page 2 of 2 PLANNING p TOWN SPER 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 — December 11, 2007 Date: December 6, 2007 Agenda Item: 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. Description of Agenda Item: Attached are the site plans and preliminary site plans acted on by the Planning & Zoning Commission at their December 4, 2007 meeting. Per the Town's Zoning Ordinance, the Town Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any site plan or preliminary site plan acted on by the Planning & Zoning Commission. Attached Documents: 1. Site plan for the Prosper Commons, Block A, Lot 3, approved 6-0 by the Planning & Zoning Commission. 2. Site plan for the Prosper Commons, Block A, Lot 1, approved 6-0 by the Planning & Zoning Commission. 3. Preliminary site plan for Whispering Gables, Block A, Lots 1-3, approved 6-0 by the Planning & Zoning Commission. Town Staff Recommendation: Town staff recommends that the Town Council take no action based on the approval of the preliminary site plan by the Planning & Zoning Commission. Agenda Item No. Sc - Page 1 of 1 U Q O 7 0 O 0 N m N 01 3 v V) O O O 3 I OOi / O N m U v 0 IL C 0 N X 03 I l c 1 ii(�1 I I 1 -- -------------------- --------------------------- 1 "\------------------------ --+----- , '-- ;1 _N6s3744_E _• - `�- 117,s• rA,u ter. N88'37' F1-^c- - ----- -- - - - ---- Q t 1 y, 1 -- iy ste.NP rr.A.r ` 1 W w r------------------� I I ' :8� I � \\I — ,/ I J / = i BE a.wE .wa aN.ww) trio a.7. I ' M \ I i I I ' � iN -an. s nc w mammoan»m I i 4 I I wwtw r ro 1 ke ' 10 s ecacx cws A tta/1/ ICHED_ /t gl w.lzo07. xsn p�Bi 1g� / tr D95 AG QNM"g 1 v ' `I ,\� I I /I ' I i `1,- / 41.205 IF. D"T TIRE 6r L. 6e.acGo9panr o _ _� _ I S I I s % ---- - ------------------------= -�-------------+---------;- -- , t-- � -- 11 saw• 1 / �t/• rsoNE a / _ 7 I 1 JL-------------� -� -LJ1 - J r sawaw.n I ' is w --- 1 1 _- ` 1 1 I 11119 e--------- --e• .-7.:� `-------- -__-- WATER METER SCHEDULE Siff IYPI SAIL SEII. OY SUL N/A 1 1/Y DOM. I 6• SS SITE PLAN NOTES: SETBACKS: FRONT w0' SIDE 16' REM - 15' 1. BOUNDARY d TOPOGRAPHICAL SURVEY BY PEISER SURVEYING, DATED 1013112007. 2. SEE SHEET Cl FOR PAVING AND LAYOUT PLAN. 3. SEE SHEET C2 FOR OWING PLAN. 4. SEE SHEET 04 FOR UTILITIES. S. NO FLOODPLAIN OR TREES EXIST ON SITE S. DETENTION IS PROVIDED ON LOT 2, BLOCK A - PROSPER COMMONS BENCIGLMK• Basso on a square cut on the northwest corner of a headwall on the west aide of State Highway 289, and the northeast corner of Stone Crook Subdivision. Elevation - 738.551. 'HANDICAP PARKING I0 PROVIDED IN ACOORORNLE WITH AM . TAB BTAMDANN' 'THIS SITE DOES Nor FALL WITHIN A 100-YEAR FLOG PLAIN. - 'ALL INTERNAL FIREIANE Mall ARE so' IR11E.B5 OTIBWIeE NOTED.' Sib Pen NeN. Asy--ridm b this plan will gtis town epptW.l sd wMmg,me BWisiml b By Plansbawid ea.Bice hm -PI.- 1. Doupentsodnah be. vood 0.00admm wi&d. C-rd-lb-2mmj ONman.a 2. Open M:sge, wh-pet tsed,.eB be ww-ed-m-dano. w06 the CmFdBB'J.e Z.Hba _ 3 vWall -ply with 0. BOWS End a- gBeGad. eOrd—and 94di7uianR C bd.OLdmanoe, wilhb the 4. I-dopie3 sh.11 ooafmm eo landsotpph-epp.4d bydb bwa S. AebndmsshSUooM b•wflbmo Towel Compehmai.e Zanma DWI— 6. B.Wi poIS.000.q_fiBet drat-.lerabail be 100% fin, tad. ANeTudiw Foe plmxtio-mebma u-y be RP.oy-dbyme Foe DW.1z..L 7. Fwlannsl,sB be duiaaeded omlo,s.edpalown mduds orud'veLtedbyd.Fw a T-p.meph..mdalibemains.'mdar Onpoputystandam 9. Spdbrvp th mp -=P®Nmdwimm.ff L.a 10. Hsdk.ppedpddoa—wed boIiima.9oua10,ABU mnfarm bdb AsuBxa wilh DivAghes Alt(ADA) and waemm h db ugobe olme--Bm dwW UdtoTm �C.& 11. A damt{e I..nbjeub Building OIDeid ff-,.L 12. AwsW.hsSb..howomme.0-pW.odae abjeubH.iMba 13. Ae..ui9r6mldioa.atQise a-snlbjemb Bullion Oiscial sppmaL 14. SMn11WOs ofmlk..thm.oe(60 bwldm and6auierSee l.mp MsB o,¢b otoMmp shsB 6e pervded per Town wamaaa. IS. Appoval otmesibplanbmt6e.l ®67 s0 mammio_Phaaws spewed. 1a Sib 17Aw Bloomed bw soil bemxeal0ed.W <ndWeioo md mdupoo.d GRAPHIC SCALE o Is 30 60 ( M.ew) I Inch - 30 N. i 6maon w a � p 1 zoo - m.saau r u - I Oi i :l -------------- - ----------------------------- naix [ W OTHOS) nft R COML(W----- T )M---- U.S. ,-1#IiGHWAY NO. 384` _.= -(A VARIABLE W,DTH RIGHT-OF-WAY) .• 11U7`3AI MRY TABLE r S)A[[I CASDOIT / YDL-K- site MOM. Lot S, aLK A - Proyar Coewns Addition County COLLIN PK)sot a- 018MMY Tin - PwsS m. TEIM zwdm oistriet COMMERCIAL -C. Pmp ..d uw IOTOR VEHICLE SERVICE Sit. Ar 0.06 Am. 41,250 sq. Ft. Building Atw 0,947 Sg.it. suilding Height: 1 Story, 281 N.T. Lot Cmrsoe: 0,6471 41,250 - 10.8% Floor AM Ratio: e,w7 set. / 41,2s0 - 1:0,17 Parking Required: AUTOIpTIVE sEAVICE S are/0AV . / Sro PER BPLOYEE NA2 SHIFT S X 0 BAYS • (10 ENNATEES) . 20 am Parking Prwidad: Regular - 20 SPACES H. Wi. w - 2 SPACES Total . 28 iPACE! Interior L.ndsOaps Am Require: 420 S.F. Interior Lsnds.aps Arse Ptm,ldod: 6,60 S.F. I.ps-iaus Are.: 2B.e46 S.F. IMPSIVi.uS Are. Ratio: 20,045 S.F./ 41,2S) . 72% hrvims ^me Ratio: 11,405 S.F. / 41,250 • 28% SURVEYOP: PEISER SURVEYING CO. 623 E. DALLAS ROAD GRAPEVINE. TX. 76051 CONTACT: MR. HUGH POSER PHONE: 817-481-1806 FAX: 817-481-1809 RICHLAND 0 QSITE o VICINITY MAP N.T.S. EXISTING LEGEND PROPOSED W Ex w WATER LINE W/ F.H. a METERS -s5 EX SS SAN. SEW. UNE SIM. SEW. -UCT- TELL LINE - - - PROPERTY LINE - - PAVEMENT Q --T•'-- CONTOUR ,4- FIRELANE - CnnP ELEC. LINE E ® ENHANCED PVMT Mi .j Z a ZILL! Ul-� Id z ? p a i ■ ■ Fr_ ,t, . CONSTRUCUDOCW a,�r-ter 290.27 A 9 11/29/07 °A1 J.N.M. uAner FINAL SITE PLAN PROSPER COMMONS LOT 3, BLOCK A 0.947 ACRES H. JAMISON SURVEY, ABSTRACT NUMBER 480 TOWN OF PROSPER COLUN COUNTY, TEXAS DEVTIOPER/ONNER ENGINEER DISCOUNT TIRE CO. BNC. TOMDEN ENGDJEERING, LLP. 20225 N. SCOTTSDALE. RD. 12655 N. CENTRAL EXPWY. SCOTTSDALE, ARIZONA 85255 SUITE 1016 CONTACT- MR. DON THRAILKILL PHONE: 480-606-5781 DALLAS, TEXAS 75234 (972) 386-6446 FAX 480-606-4370 FAX (972) 386-6409 NE SEAL / EMING ON MIS DOCUMENT w AVN = BY JUAN ,L VASOUE2, P.E 65e52, ON 11/19/07 of f tE T� 0i -..1A11 ,L V�SWE2 •• .�Bses2 f Y/C01510 i� SS/ORAL f.� SITE PLAN spi ` ID' &WD G ff7 MCK I 13 I(1W) v11 U.S. HIGHWAY NO.380 ( I LOT 2. BLOCK A PROSPER COMMONS BWK 2".. PA^.,C 811 P.R.CC T. , I!• --------'--------- T — I I- -. • --/ - IS' B wAm SCT BACK SCREFNUIO MIIL�TO MA 11CH mLDING I � I / I I ' >i� 0 c ' a / I I I A 20 0 20 40 MENNEiiiiiii SCALE: 1'= 20• WATER METER SCHERU LO. TYPE SQE NQ STATUS Qj DOIAESTIC Y 1 PROPOSED © IRRI"1ION Y t PROPOSED PAVING LEGEND ALL CURB RADII ARE 2' UNLESS OTHERWISE NOTED, PROSPER COMMONS BLOCK A, LOT 1 an addition to the Town of Prosper, Collin County, Texas, 1.506 acres sihrated in the H. Jamison Survey, Abstract Number 480 WIC AEL S. 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I k J// \C\\ \/r \a P�/J N N o4.. .1A:➢ 1a.0 24.0' PAARKNG RED.= 4 II r ~, LU LU I J/ O a DyyMMWSTERS TO BE F=7 .o' U E 6' S�IFEENEO W/ : :. ... 1 .. :: ¢ • /. \ \ �•j,'(G / /.MASONRY WALL Z > MATCH BLDG.,.a .::. � 30 FIRE LANE, ACCESS:k .UPL ESMT_ B 66.0' - j !b 0' N ( .. .la .. ...-30_BLOG LINE _ 25' LANDSCAPE OFFER '4 - - a.o' - - y - - - _- - - _ - SiEff-ESMT 7 4 \ far _ hC s / _-------- �_/ -r- ------� i / - ' STEET ESMT. ... �'.... �._ kh�N �. �... � � 6 1WDE sIDEw II % , , r • "11 S8 150. 110 33' MOE S1XWAL% 4.20' WV 4 1.35 _ «II / /J WV-(2) 107 TRANSITON a0' 3OLW 60• STORAGE I10• TRANS710N 5Y N II , 643' TO NEXT DRIVEWAY 52' 83" STORAGE $ u LINE ESMT. RICHLAND BLVD. o° m e m C. NO. 2006121200174562D ^ II a 155' Sr m i 37V TO MEDIAN ENING 92' TR II Z II � ` J J ¢ / II to � REMAINDER OF MUSTANG -MIDWAY PLANO, LTD. F.If DOC. NO. 96-0038753 r LOCATION MAP NOI TO SCALE DALAS MAPSCO 257-S & w S$TE PLAN NOTES ANY REVISION TO THIS PLAN WILL REWIRE TOWN APPROVAL AND WILL REWIRE R£NS19NS TO ANY CORRESPONONG PLANS TO AVOID COl lCTS BETWEEN Pt:ANS. 1. OUAWSTER AND TRASH COMPACTORS SHELL BE SCREENED N ACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE. 2 OPEI1,51CRAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE COMPREHENSIVE ZONING aWNAl 3. OUTDOOR RIGHTING SHALL COMPLY WITH THE LI('A•EANG ANO GLARE STANDARDS CONTAINED WITHIN THE COMPREHENSIVE ZONING ORDINANCE AND SUBDIMSCIN REGULATION ORDNANCE- 4, LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED SY THE 7010". S. ALL ELEVATIONS SHALL COMPLY WITH 711E COMPREHENSIVE ZONING ORDINANCE- S. BNIA7NG5 OF 5,DDD SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASLl MAY BE APPROVED BY THE FIRE DEPARTMENT. 7. FIRE LANES SHALL BE DESEC.f1E0 AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. S. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN AFIRE LANE, iO. HANDICAPPED PARKING AREAS AND BUILDING ACLESSIBR.IIY SHALL CONFORM TO THE AMERICANS WIT4 DiSA$1LFfIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED UNIFORM BUILDING CODE. 11. ALL SIONAGE. IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL 13. RLL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BURDNG CFFICiAL APPROVAL- 14. SIDEWALKS OF NOT LESS THAN (W) I4 WIDTH AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROV70ED PER TOWN STANDARDS, 15, APPROVAL OF INC SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED, IS. SITE PLAN APPROVAL 7S REDUIREC PRIOR TO GRADING RELEASE. 17, ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18, ALL BVH.DINGS SHALL HAVE SIMILAR ARCHITECTURAL STYLES, MA7E1:AL5, AND COLORS. I I i� PRELIMINARY SITE PLAN /. WISPERING GABLES - LOTS 1. 3, BLOCK A 5.260 ACRES OUT OF THE H. JAMISON SURVEY, A857RACT NO. 480 IN THE TOWN OF PROSPER COLLIN COUNTY, TEXAS MOORELAND FUND III 380 COMM. OFFICE, L.P- OMER 4516 Lovers Lane, Suite 350 DaIIOs, Tali 75225 JONES & BOYD, INC. SURVEYOR/ENGINEER 17090 Do11os Parkway, Suite 200 772) 248-7676 Oollas, Texas 75248 (972 248-1414 FAX 3 LOTS NOVEMBER 2, 2007 Sheet 1 of 1 tt PLANNING p TOWN SPER 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 — December 11, 2007 Date: December 6, 2007 Agenda Item: Consider and act upon 1) a Partial Assignment and Assumption of Agreement between Mustang -Midway Plano LTD. and Shaddock Developers, LTD., and 2) approve a resolution authorizing the Town Manager to execute the same. Description of Agenda Item: Shaddock Developers, LTD. has purchased property from Mustang -Midway Plano LTD., which is part of the La Cima Development Agreement. The La Cima Development Agreement allows Mustang -Midway Plano LTD. to assign their duties, responsibilities, obligations, rights, and entitlements subject to approval of the Town. Therefore, Mustang -Midway Plano LTD. is seeking to assign their duties, responsibilities, obligations, rights, and entitlements to Shaddock Developers, LTD. 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 Mustang -Midway Plano LTD. and Shaddock Developers, LTD. 2. A resolution authorizing the Town Manager to execute a Partial Assignment and Assumption of Agreement between Mustang -Midway Plano LTD. and Shaddock Developers, LTD. Town Staff Recommendation: Town staff recommends the Town Council 1) approve a Partial Assignment and Assumption of Agreement between Mustang -Midway Plano LTD. and Shaddock Developers, LTD., and 2) approve a resolution authorizing the Town Manager to execute the same. Agenda Item No. 5d - Page 1 of 1 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 MUSTANG -MIDWAY PLANO LTD. AND SHADDOCK DEVELOPERS, LTD. 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 Mustang -Midway Plano LTD. and Shaddock Developers, LTD. SECTION 2: Resolved by affirmative vote of the Town Council on the 11th day of December, 2007. Charles Niswanger, Mayor ATTEST: Matthew Denton, Town Secretary NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. PARTIAL ASSIGNMENT AND ASSUMPTION OF AGREEMENT STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF COLLIN § THIS PARTIAL ASSIGNMENT AND ASSUMPTION OF AGREEMENT (this "Assignment") is made to be effective as of (but not necessarily executed on) the 281' day of March, 2007, by and between MUSTANG -MIDWAY PLANO LTD., a Texas limited partnership ("Mustang"), and SHADDOCK DEVELOPERS, LTD., a Texas limited partnership ("Shaddock"). WITNESSETH: WHEREAS, Mustang, the Town of Prosper, Texas (the "Town") and PDC 380 PROSPER, LTD., a Texas limited partnership, entered into that certain Developer's Agreement dated October 26, 2004, and recorded in Volume 5814, Page 4279 of the Land Records of Collin County, Texas, as amended on June 22, 2005, by that certain First Amendment to Developer's Agreement recorded in Volume 5947, Page 2550 of the Land Records of Collin County, Texas (as amended, the "Developer's Agreement"), whereby Mustang was granted certain rights and undertook certain obligations relating to that certain property owned by Mustang as described therein (the "Property"); WHEREAS, by Special Warranty Deed dated to be effective as of March 28, 2007, and recorded on March 30, 2007 as Document No. 20070330000431860, in the Official Public Records of Collin County, Texas, Shaddock acquired from Mustang a portion of the Property, being that certain property (the "Shaddock Property") more particularly described on Exhibit A attached hereto and made a part hereof for all purposes, with Mustang retaining a portion of the Property; WHEREAS, Section 17 of the Developer's Agreement provides that the Developer's Agreement runs with the land; WHEREAS, Section 21(1) of the Developer's Agreement provides, among other things, that notice to the Town and the other parties thereto of any assignment of the duties, obligations, rights and entitlements of a party to the Developer's Agreement is required; and I C:\Documents and Settings,,ccopple\Local Settings' -Temporary Internet Files.Content.Outlook`7B2XU6ZN\PARTIAL ASSIGNMENT AND ASSUMPTION OF AGREEMENT6.doc Last revised: 11 13'07 WHEREAS, in order to comply with said Section 21(1), and to provide for orderly and proper development of the Property, including, without limitation, the Shaddock Property, Mustang desires to partially assign to Shaddock its rights and obligations under the Developer's Agreement relating to the Shaddock Property, and Shaddock 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: 1. Mustang hereby grants, sells, assigns, transfers and conveys to Shaddock a portion of Mustang'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 Shaddock Property and arise from and after the effective date of this Assignment. 2. Shaddock hereby accepts such partial assignment and agrees to be bound by, perform and assume the obligations, duties and responsibilities of Mustang contained in the Developer's Agreement to the extent, and only to the extent, such obligations, duties and responsibilities pertain to the Shaddock Property and arise from and after the effective date of this Assignment. 3. Shaddock and Mustang shall separately be responsible for dedications and impact fees allocable to the portions of the Property that each owns, and Shaddock and Mustang shall be separately and solely entitled to receive any impact fee credits to which such party may be entitled pursuant to the terms of the Developer's Agreement, including those impact fee credits or reimbursements to which either party may be entitled under Section 21(r) of the Developer's Agreement for such parry's performance of certain obligations of the Developer (as defined in the Developer's Agreement) under the Developer's Agreement. 4. Shaddock covenants and agrees to indemnify, defend and hold harmless Mustang 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 Shaddock's failure to perform the obligations, duties and responsibilities assumed by Shaddock in Paragraph 2 above from and after the effective date of this Assignment. 5. Shaddock hereby acknowledges and agrees that in connection with the recordation of any Future Phase Plat(s) (as defined in the Developer's Agreement) as provided in Section 8 of the Developer's Agreement, Shaddock, at its sole cost and expense, shall dedicate or cause to be dedicated by plat and conveyed by special warranty deed to the Town, any portions of the Shaddock Property located within the Future Phase Park Land (as defined in the Developer's Agreement) as required by, and in accordance with the terms of, the Developer's Agreement. 2 C:\Documents and Settings'•ccopple\Local Settings'7emporary Internet Files Content.Outlook 7B2XU6ZN\PARTIAL ASSIGNMENT AND ASSUMPTION OF AGREEMENT6.doc Last revised: 11 / 13 /07 6. 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. 7. This Assignment may be executed in a number of identical counterparts, each of which be deemed an original for all purposes and which together constitute the agreement of the parties. 8. Upon recordation of this Assignment, notices to "Mustang" under the Developer's Agreement as they pertain to the Shaddock Property only shall be provided to: If to Shaddock: Shaddock Developers, Ltd. 2400 Dallas Parkway, Suite 560 Plano, Texas 75093 Attention: William C. Shaddock Telephone: (972) 985-5505 Facsimile: (972) 985-9009 With a copy to: Liechty & McGinnis, P.C. 7502 Greenville Ave., Suite 750 Dallas, Texas 75231 Attention: Hilary Tyson, Esq. Telephone: (214) 265-0008 Facsimile: (214) 378-5938 9. The Developer's Agreement and First Amendment to Developer's Agreement are incorporated into this Assignment for all purposes as if fully set forth herein. [SIGNATURE PAGES FOLLOW] 3 C:\Documents and Settings'.ccopple'.Local Settings�Temporary Internet Files'Content.Outlook.7B2XU6ZN\PARTIAL ASSIGNMENT AND ASSUMPTION OF AGREEMENT6.doc Last revised: 11/13/07 IN WITNESS WHEREOF, Mustang and Shaddock have executed this Assignment under seal as of the day and year first above written. MUSTANG: MUSTANG -MIDWAY PLANO, LTD., A Texas limited partnership By: Mustang -Midway Plano GP, LLC, a Texas limited liability company, its General Partner R. Stephen Folsom, Manager THE STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of , 2007, by R. Stephen Folsom, Manager of Mustang -Midway Plano GP, LLC, a Texas limited liability company, General Partner of Mustang -Midway Plano, Ltd., a Texas limited partnership on behalf of said limited liability company and limited partnership. [SEAL] Notary Public State of Texas My Commission Expires: Printed Name of Notary C:\Documents and Settings\ccopple\Local Settings`.Temporary Internet Files'..Content.Outlook' 7B2XU6ZN\PARTIAL ASSIGNMENT AND ASSUMPTION OF AGREEMENT6.doc Last revised: 11;11'07 SHADDOCK: SHADDOCK DEVELOPERS, LTD., a Texas limited partnership By: Shaddock Development Company, a Texas corporation its General Partner William C. Shaddock, President THE STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of , 2007, by William C. Shaddock, President of Shaddock Development Company, a Texas corporation, the General Partner of Shaddock Developers, Ltd., a Texas limited partnership on behalf of said corporation and limited partnership. [SEAL] My Commission Expires: Notary Public State of Texas Printed Name of Notary 5 C:\Documents and Settings',ccopple\Loca1 Settings'%Temporary Internet Files.Content.Outlook`•.7B2XU6ZN\PARTIAL ASSIGNMENT AND ASSUMPTION OF AGREEMENT6.doc Last revised: 11/13/07 ACKNOWLEDGED AND AGREED THE TOWN: TOWN OF PROSPER, TEXAS By: Name: Title: THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2007, by of the Town of Prosper, Texas, a municipal corporation, on behalf of said corporation. [SEAL] My Commission Expires: Notary Public State of Texas Printed Name of Notary 6 C:\Documents and Settings\ccopple\Local Settings' Temporary Internet Files'.Content.Outlook'.7B2XU6ZN\PARTIAL ASSIGNMENT AND ASSUMPTION OF AGREEMENT6.doc Last revised: 11/13/07 ACKNOWLEDGEMENT AND AGREEMENT OF DEVELOPER By execution hereof, PDC 380 PROSPER, LTD., a Texas limited partnership ("PDC 380") acknowledges receipt of notice of the Assignment in accordance with the terms of the Developer's Agreement, and acknowledges and agrees that in connection with Shaddock's development of the Shaddock Property, Shaddock may complete certain portions of the La Cima Boulevard Improvements (as defined in the Developer's Agreement) immediately adjacent to the Shaddock Property in accordance with the terms and provisions of the Developer's Agreement, and in such event, Shaddock shall be entitled to reimbursements as a successor in interest to Mustang in accordance with the terms of Section 21Ur of the Developer's Agreement; provided, however, Shaddock shall not interfere in any way with Developer's efforts to collect any reimbursements to which Developer may be entitled under the Developer's Agreement relating to costs incurred by Developer in connection with Developer's construction and/or completion of the La Cima Boulevard Improvements or any other improvements under the Developer's Agreement, and Shaddock's rights in and to any reimbursements under the Developer's Agreement shall be subordinate and inferior to Developer's rights in and to any reimbursements under the Developer's Agreement. PDC 380 shall not interfere with (a) Shaddock's construction and/or completion of such portions of the La Cima Boulevard Improvements, or (b) Shaddock's efforts to collect any reimbursements to which it may be entitled under the Developer's Agreement therefore following any such payments due to the Developer as provided in Section 21(r) of the Developer's Agreement. PDC 380: PDC 380 PROSPER, LTD., a Texas limited partnership By: 380 Prosper, Inc., a Texas corporation, its General Partner I� THE STATE OF TEXAS COUNTY OF Barry Milton, Vice President This instrument was acknowledged before me on the day of , 2007, by Barry Milton, Vice President of 380 Prosper, Inc., a Texas corporation, the General Partner of PDC 380 Prosper, Ltd., a Texas limited partnership on behalf of said corporation and limited partnership. [SEAL] My Commission Expires: Notary Public State of Texas Printed Name of Notary C:\Documents and Settings'%ccopple\ ocal Settings'•Temporary Internet Files Content.Outlook'7B2XU6ZN\PARTIAL ASSIGNMENT AND ASSUMPTION OF AGREEMENT6.doc Last revised: 11/13/07 EXHIBIT "A" LEGAL DESCRIPTION OF THE SHADDOCK PROPERTY [SEE ATTACHED] C:\Documents and Settings'.ccopple'•.Local SettingsTemporary Internet Files•.Content.Outlook`,7B2XU6ZN\PARTIAL ASSIGNMENT AND ASSUMPTION OF AGREEMENT6.doc Last revised: 11113.'07 52 4 z Sexton Holdings LP o STEEPLECHASE Reh—i 451b, mage 1494 0 Lot 1, Block X OA4,G.T. 58 = LAKE OF PROSPER 0.7837 Aces Open Spoce For oatx,et N, P.J. 154 Landsaophy Purposes And Pedestrlon Zoned, 5F Nrldeveloped) MR.GG.T. Trat, To 8.4 OYnad Md M.N.Ined By TM N.O.A. rm 2re oY Z. er Edit Fooewd Fobs 25' IB Pawmmt----��� -- Sexton Farms, LTD. GGt'02000 C0=1•n V.xww 4e1e, Pogs -no OJiGG.T. Zonsd� 5F "alveloped) 7 tar9 1 a liar' tarar iWaS� itaW 'w� ,••,• `S2�u T7,7f 106'+I 8Ei 75 25' r aw ® qb 9 10 7� r 2 z 2 3 4 b 5 6 $ 7 b 8 =1 - 30 a _•--•^- T tat 1 tarm' 4' �1S D,* het - • 12 , b - - -MSHOR -LANE - 10�` _ - _ '� 2 - i I SeS49Y9�1' liar tar Im lmw IMW 1 I 10a9O i t 1 Ga t §� _ e' - ..- — — _ 5 8gb b 7 'g 8 LL 1 xee/nre 13 '� I I I 2 e 1 I g 1 3 4 -rS, G . 2S - g b - 1 i 11w ad 10 1 tarar ITar tarar 10aw l add i 1 lar x 3 W T hard 8 law Kill. I 1� ,l1 8 14 i tVY I 9 73 b 2 �b 11 73� 10 c 15 b' 16 16 Ib lkeso• I / - 17Q ar , 15' Srnn9'Y - 6R0WNGVER—+ANE '°ease- - — - - 'A ' R 1m 9i * Ia51 tar tarar -- tea tea lea �s larar I .. 1 g } 16 W F- g 20 E I 21 ; 22 11 12 b 13 b 14 ' 1b 16 b 17 b 18 4� G .19 'gy G I- 6 lBsaTSrE uY 1 ad lea 1 ar iarar maw 1 I ar mar lmar IMW lar MIN IKW 1 tarar 1pa7p 17 N 1aas1 © r 2 - 2 $ b 1 25 25 _ 10 9 8 Y 7 6 br 5 b 4 ax -- Lol 5 x 1 1278 13= 16 lea nar 7 s' a - 75a0r - - r sear tar Tar9U Iarar si e: G 4G 3 -G 2 1 iWSW mar 10107 low Ifnar 9 15 16 17 g 18 J �¢d mar ar teaor iar X 75 7b w - G 6 gg Ira 5 gg r4 4 i; G - 2 ® �I r 8 9 1D r g�_ 11 37 d � K 12 p y 13 I&d Iffidar u 10aW lar tar IM IMoT M IM tarar 9L6S 44 16 p 5 a 14 - 12 11 F 10 9 - 8 7 a -z © 126 5 1, Bloe X I,; It Open Spas Fc tondxa 1111 Nks a. Bie Easement , T. ened d Yahlahad By the N.O.A. lib a Bla Ted � f O a L N 7 Block X Fr LaMawph9 To ee Be Ood Md iAed By The N.G.A. Lot 3, Block X 0.2425 Aces Open Space Far Lmduapi g Purposes Md Hike a Us Eosemml, To Be Owed And Yohtdned By The N.O.A. 17 pop. 8 Ise a M. Ted I 12 II LAKES OF LA CIMA PHASE FOUR 5 4 B..k 2006, Page 600 MCI; 1 Point • / OP Beginning / Edet Ial a _ STILLHOUSE HOLLOW DRIVE Ise ud I / \ (Ad. VAIL \ EaeYnat II 10 I 58 59 40 41 42 45 / 44 / 4 I 45 / LAKES OF LA CIMA PHASE TWO 8 4 CCelrwt P, slid. 454-9e1 52 M3 Z.T. rat 2 Po Ht Of Beginning / 51 LAKES OF LA CIMA PHASE THREE � ael.w a� seep. ?¢ 26 eo General Notes!! 1. All development will comply with oil Zoning and Subdivision Ordinance Requirements. 2. All Open Space Areas, Lots 1-6. Block X. are for Landscaping Purposes & Pedestrian Access Only, Lot 8, Block X, for Drainage Detention Purposes Only to be owned and maintained by the H.O.A. 3. The thoroughfare olignment's) shown on this exhibit ore for III Ustrotlon purposes and does not set the alignment. The alignment Is determined at time of final plot. 4. Selling a portion of this addition by metes and bounds Is a violation of city ordinance and state law and is subject to fines and withholding of utilities and building permits. .:.e7 r 100 0 50 100 200 1 Inch = 100 ft. Boundary Curve Table C4ave • RI.M . Poll. T 9-L Lano C4-d Be-" CMrd BCI 42&W 20'87W 77ZW I68.00' 85055'B9'E 1W-19' BC2 1817ZI7 27*58TP 524.07 686.65' 912" 8579'W 629Z& BCS 18804a 46'07SW 56&W 1071.80' N21iM&S 1045.92' 9C4 140ZW 46'OW00" I BH2.e6' 1104.7& 921'28M9'W 1076AW Boundary Line Table Low Y I.srgth 17Yvd on SLt 120.81' N63e52-A&W 91L2 42,60' NJW49'64PE BLS 4221a N46•0275'W Legend Building Setback Kew Home Owners Association e Denotes Street Name Change A Denotes Street Frontageade ® Denotes No Drive Access m J r TYPICAL LEFT & RIGHT TURN LANE iIEFAIL IY5' R- EL I I xis t sad n.aw wpi11 �y &S ar 14.7 31.d m 9N d ice E- I I gal- I I ou�.a I.o' 1-s.oy las• 4,_0 ,.a• I I I g I I� I I Yraacele o.e Tw. 9 I_ _I roe. I ' I a e aa.a (uawtaae o e) _ 3C Frn1 0 _ I I 5' u,sty Eanit I slam, Pero. 5mL 3..w waur �_ _ - - - _ O e' Saar P.SP. konadeeenw Pel Front Property Una Se.w 9dnt ./No. 3 ears, 24' ..— Y I- y 7.0' C IA.e SlaNaed o 7f d Ae L07 CST_ An Fr1_R a_ Ta 9w &p 11, 61.6- m Is PD--6-Sr 5Te RD5 Tyn'cal 31' BB Pavement ion 202 LOTS DEVELOPED TO PD-6-SF (ORDINACE No.01-18) ON 88.4397 (2.28 UNITS/ACRES) P R E L I M I N A R Y P L A T LAKES OF LA CIMA PHASE SEVEN ZONED SF: PD-6 ORDINACE No.01-18 88.4397 ACRES OUT OF THE HARRISON JAMISON SURVEY - ABSTRACT N0.480 TOWN OF PROSPER, COLLIN COUNTY, TEXAS QC En_ lneer SHADDOCK DEVELOPER, LTD. nM sPIARS 2400 Dallas Parkway, Suits 580 730 E. Pork Blvd. Engineering. c Blvd. Suits210 Plana, Texas 75093 Plana. Texas 75074 Telephone (972) 985-5505 Telephone (972) 422-0077 Scale 1'-100' July 23. 2007 Sheol 1 of 3 2 3 4 5 6 '1 6 9 i 1 2 a 5 / 6 / / / 1 4 / fl 5 / - i CH PE 11LL CED F RI GEE T,� 6 s p 3 t+xaa� 12 I -1 �_ 51 Lot 2 X ' (( Op. Spa. For Lands.pinq 3 2 [ 1 Ir2ok 3 ,`F✓�gs / 2 bj Owed Andxets Nttolned BBy Thhee lto.A. / F t W Pem+m,� EzkL A04it Pa.ma+1 IWwe ss• ee Ibmm�tl FI STREETy /� I ,9s9G , .9Y Im 1 ImOar m 106ar 43. Is gr c r gr / I 9 It 8 b 7 6 g 5 _ 12 4 3 4 �_ Town Of Prosper I �- a - Imh+ o t e,a-oa,wes - DRG.C:.T. near , ar / Town Of r sp r 1 1 �6- ISHeR- LAN - I. Vkm, 5404. e l $ I<I // DJtG.C:.T. 1 � 1009d SC , ,Ssb' 10150' - S/ 586"06'44" E S 6 a2d I 5 b 4 b 3 a I a @ �F 7 39.74' Is 0rok. 11 d1 8 - G r>•i, - 14 i4y ��`'E E.I.SEtO 111 1 - WHUM IT 17 I 259Y14.I2! 9594 (_ Im 3671' UN IMaa' � � I la 10350• IS f.mt-J L- 16 I 16 r seer E.I. Ik `` ® r gg - a: r 15 r. i6 + 15 14 13 g 12 I R 9 - 10 11 12 13a 14 E-L 1 C1- , gar $ sar a9s} Iixar Im 1 ,Naar / E j °A 451.9K - - CC il/N0YEfi!t--LAi4E twr jp - Iq , n4 F r'3oaad io ,mar ,mad , Iaaar - HA %9 naiad q 93 ,m mar ' . & `� II (0 20 1 18 r 19 20� 21 - 12G 13 14 F 15 6G 17 _u 18 19 20 u' 21 .a 173r r' r' ,m ' 1 , , Imar im Imae , MW '_ 4 wv 12S1ad IF Im Imar I Imad 1m IaOld ,mar Imar ,m E. 25 14 Is V / g III _ r t d 24 23 p 22 I� _ 11 t0 9 Mgr 8 - 7 6 _b .54 4 3 22 t + %e -F J - 3d - FCM. n• 3d s - P sad �i�y. r H �- IIRT�' n 199 Imar Imld Imar , + ' 3 9.3alad 1 - 175fY 1- �- 72ks9' LEES -i�tNE -1,mar _ ses491�9 - m 23 ar p q IO Lot 8, Block X 2.7073 Aa Open Spa./Can . Are. To IH Dedkalad To Torn of Aeeper. II 25 12 26 P Val Is 21 F 'WA E 26 / y /Fool. 4t r I 45 44 ®46 /0 47 -N Lot 6, Block X /I / / N0.0955 r^ Agee Open spa./Comma+ 14 Mea Fa, DTo Be, Hikme f all _ Easement To Be Oonea Md 31 Maxlolned By Th. H.O.A. I 13 !fJ 192 ' 4 12 14 'mar law Imar Imar ar aw 28 29 G 30 31 32 y 33 at 34 W 35 ar lmar law 91,4. 61 Imar law hoar Im louff ,O&W s Deh 1E-L 163Y a_ 43 r _ 42 r 41 r® 40 39 38 c 37 z 6 F �.. 3d at - - Imar , _-T9meL 99 1 Imar , ' W W 9 - b 8 F b 7 A iL 6 5 8 2s zs �-•i I-,5 ado F L c al �' , 'War IOa6d I I 1 ,marV ,mad , Imar I I I I I 10 r gr 12 2yS' r 13 �� 14 _ L tl� aw lar.ar %t d19Y Iah.39 - 14 u Imar ,mar 'mar Im Imar lasar Imar Imar Imar 1 14.1 IC a 14.N' Imar / 1Ur - k W W 1= c ygg gw FJ m W 17 e 12 $ 11 gz $: 7 cg 4 3 FS 2 SP 1 6 bQ 5 18 a n- 1 1; 8� _F _34.9Y tUr ar� k4d i� - X aram �I liw- 19w - es^t o7"tnr -1 L n 23 22 LAKES OF LA CIMA PHASE FOUR 16 15 14 is - �g +4 s 24 Book 20M Page 600 F I Is e'w 5TILLHUUSt MUI-LLM Wear. 12 II 10 9 6 l 16 11 16 15 14 19 12 LAKES OF LA CIMA PHASE TWO 6 f� 2 3 4 5 6 ' General Notesll 1. All development will comply with oil Zoning and Subdivision Ordinance Requirements. 2. All Open Space Areas, Lots 1-6, Block X, are for Landscaping Purposes & Pedestrian Access Only, Lot 8, Block X. for Drainoge Detention Purposes Only to be owned and maintained by the H.O.A. 3. The thoroughfare alignment's) shown on this exhibit ore for Illustration purposes and does not set the alignment. The alignment is determined at time of final plot. 4. Selling a portion of this addition by metes and bounds is a violation of city ordinance and state law and is subject to fines and withholding of utilities and building permits. TTYY �......� LANDSCAPE BUFFER Eff.AIL PLAN Mf at Legend Building Setback Ra. Home Owners Association ^' Denotes Street Name Change ♦ Denotes Street Frontage ® Denotes No Drive Access 100 D SD 100 200 I inch - 100 ft. Boundary Curve Table C- s R.A. Delta Chord lb-hy cJlord 5a 426.OD' 20'8756" ' 66'SS' i& E 152.18' eC2 1817.60' 27'SB'17" s A5:872EBW1104.7W 612'sa78'w 62s.58' BCS 156000' 48'071W ' N2fe251SPE 104S.B2' BC4 1402-W 4er0W00e ' 827'28'119'1N 1076.44 Boundary Line Table Ll . a Length IW-tlan SL1 120.51' N65'8226'1N BL2 42.80' N80s4e S4'E BLS 42.60' N46e027.6'N/ I 123' I- R xid 4 sad aan VADM �w 91 is or 14N 3n.d Ra e5 Or 14.s 1- �aa Ld 4A' 113• ,4-di I.d I I I I 14a4a90 an )T 9 wr°e'1 I rrare�'1 I e s• on..+ 0l«mt.a. aee) \ Frm' B T y _ S U., �I I P Pr smt Sw ' _- ---- -_ slam 010" I 49' 33oa P.L. ce+vete Poweml 2. Front Property Line Sees,Rehl. e/Na 3 Bon• 2 r aeEw 7.d e' tAw LOT rETTAIL FOR S Aspa l STe WRtleT171 Tlrcd 31BB Pavement Section PD- 6- 3F STANDARD 202 LOTS DEVELOPED TO PD-6-SF (ORDINACE No.01-18) ON 88.4397 (2.28 UNITS/ACRES) P R E L I M I N A R Y P L A T LAKES OF LA CIMA PHASE SEVEN ZONED SF: PD-6 ORDINACE No.01-18 88.4397 ACRES OUT OF THE HARRISON JAMISON SURVEY - ABSTRACT No.480 TOWN OF PROSPER, COLLIN COUNTY, TEXAS Own Enalneer SHADDOCK DEVELOPER, LTD. i m SPIARS Span Engineering. Inc. 2400 Dallas Parkway, Suite 560 730E Pork Blvi., Suite 210 Plano, Texas 75093 Plane, Texas 75074 Tel.phon. (972) 985-5505 Telephone (972) 422-0077 Scale''-100' July 23. 2007 Sheol 2 01 3 Lot Table erp. feeb A 14600.08 0.34 rr'51, A 14000.08 0.32 A 14000.08 0.32 A 14000.07 0.32 A 14006.04 0.32 6 A 14004.39 0.32 7 A 14002.74 0.32 8 A 14001.09 0.32 9 A 14006.44 0.32 10 A 14077.14 0.32 11 A 16844.27 0.39 12 A 17087.06 0.39 13 A 14000.00 0.32 14 A 14000.00 0.32 15 A 14000.00 0.32 16 A 14000.00 0.32 17 A 14055.08 0.32 18 A 14210.25 0.33 Lat Table Les 01ecks Sae- feet A -go 1 B 16865.38 0.39 2 B 17012.27 0.39 3 B 14000.08 0.32 4 B 14000.08 0.32 5 B 14000.08 0.32 6 B 14000.08 0.32 7 B 14000.08 0.32 8 B 15410.13 0.35 9 B 21969.68 0.50 10 B 20501.21 0.47 11 B 19245.46 0.44 12 B 16750.10 0.38 13 B 14000.08 0.32 14 B 14000.08 0.32 15 B 14008.84 0.32 16 B 15759.21 0.36 17 B 16361.46 0.38 18 B 16750.01 0.38 19 B 15884.41 0.36 20 B 14865.56 0.34 21 B 15350.00 0.35 22 B 17450.00 0.40 23 B 16291.47 0.37 24 B 17357.56 0.40 25 B 18531.56 0.43 26 B 15547.19 0.36 27 B 15553.42 0.36 28 B 14435.93 0.33 29 B 14281.75 0.33 30 B 14000.00 0.32 31 B 14000.00 0.32 32 B 14000.00 0.32 33 B 14000.00 0.32 34 B 14000.00 0.32 35 B 14650.00 0.34 36 B 14650.00 0.34 37 B 14000.00 1 0.32 38 B 14000.00 0.32 39 B 14000.00 0.32 40 B 14000.00 0.32 41 B 14000.00 0.32 42 B 14001.14 0.32 43 B 14830.24 0.34 44 B 15864.86 0.36 45 B 20740.26 0.48 46 B 15493.57 0.36 47 B 14893.04 0.34 4e 1 B 17702.60 i 0.41 Lot Table Late Docks 04- feet Acreage 1 C 15304.17 0.35 2 C 14069.49 0.32 3 C 14588.50 0.33 4 C 16092.91 0.37 5 C 16308.64 0.37 6 C 14470.03 0.33 7 C 1433787 0.33 8 C 13999.65 0.32 9 C 14000.00 0.32 10 C 14000.00 0.32 11 C 14000.00 0.32 12 C 14000.00 0.32 13 C 14000.00 0.32 14 C 14000.00 0.32 15 C 14000.00 0.32 16 C 14000.00 0.32 17 C 14000.00 0.32 18 C 15169.35 0.35 Lot Table IEs deaffl 54W. hat A.-J. 1 E 16077.73 0.37 2 E 15925.55 0.37 3 E 16162.14 0.37 4 E 14000.00 0.32 5 E 14000.00 0.32 6 E 14000.00 0.32 7 E 14230.00 0.33 8 E 14230.00 0.33 9 E 14000.00 0.32 10 E 14000.00 0.32 11 E 14000.00 0.32 12 E 14978.89 0.34 13 E 14452.35 0.33 14 E 14680.53 0.34 Lat Table Leta docks. I erpe feet A.-fis 1 F 14650.00 0.34 2 F 14000.00 0.32 3 F 14000.00 0.32 4 F 14000.00 0.32 5 F 14000.00 0.32 6 F 14000.00 0.32 7 F 14000.00 0.32 8 F 14000.00 0.32 9 F 14650.00 0.34 10 F 14650.00 0.34 11 F 14000.00 0.32 12 F 14000.00 0.32 13 F 14000.00 0.32 14 F 14000.00 0.32 15 F 14000.00 0.32 16 F 14000.00 0.32 17 F 14000.00 1 0.32 18 F 1 14650.00 1 0.34 Lot Table Lows dean sq a feet Arroage 1 G 16054.47 0.37 2 G 15816.83 0.36 3 G 14158.41 0.33 4 G 14000.00 0.32 5 G 14000.00 0.32 6 G 14000.00 0.32 7 G 14000.00 0.32 8 G 14000.00 0.32 9 G 14000.00 0.32 10 G 14025.58 0.32 11 G 14025.58 0.32 12 G 14000.00 0.32 13 G 14000.00 0.32 14 G 14000.00 0.32 15 G 14000.00 0.32 16 G 14000.00 0.32 17 G 14000.00 0.32 18 G 14000.00 0.32 19 G 14000.00 0.32 20 G 14567.57 0.33 Lat Table Los iswao I sq- feat Aereeegs 1 D 15851.52 0.36 2 D 14000.00 0.32 3 D 14000.00 0.32 4 D 14000.00 0.32 5 D 14000.00 0.32 6 D 14000.00 0.32 7 D 14000.00 0.32 8 0 14000.00 0.32 9 D 14000.00 0.32 10 D 14000.00 0.32 11 D 14975.55 0.34 12 0 16680.84 0.38 Lat Table tots clacker eepe feet A-o ffo 1 H 14650.00 0.34 2 H 14000.00 0.32 3 H 14000.00 0.32 4 H 14000.00 0.32 5 H 14000.00 0.32 6 H 14000.00 0.32 7 H 14000.00 0.32 8 H 14000.00 0.32 9 H 14000.00 0.32 10 H 14000.00 0.32 11 H 14650.00 0.34 12 H 14650.00 0.34 13 H 14000.00 0.32 14 H 14000.00 0.32 15 H 14000.00 0.32 18 H 14000.00 0.32 17 H 14000.00 0.32 18 H 14000.00 0.32 19 H 14000.00 0.32 20 H 14000.00 0.32 21 H 14000.00 0.32 22 H 14650.00 0.34 Lot Table tees Blacks egibe Pwt Acreage 1 J 15350.00 0.35 2 J 14490.00 0.33 3 J 14490.00 0.33 4 J 14490.00 0.33 5 J 14490.00 0.33 6 j J j 14490.00 0.33 7 J 14490.00 0.33 8 J 15350.00 0.35 9 J 15350.00 0.35 10 J 14490.00 0.33 11 J 14490.00 0.33 12 J 14490.00 0.33 13 J 14490.00 0.33 14 J 14490.00 0.33 15 J 14490.00 0.33 16 J 15350.00 0.35 Lat Table Leto deewr lope feet A-- go 1 K 14850.00 0.34 2 K 14000.00 0.32 3 K 14000.00 0.32 4 K 14000.00 0.32 5 K 14000.00 0.32 6 K 14000.00 0.32 7 K 14000.00 0.32 8 K 140W.00 0.32 9 K 14000.00 0.32 10 K 14000.00 0.32 11 K 14000.00 0.32 12 K 14000.00 0.32 13 K 14000.00 0.32 14 K 14000.00 0.32 15 K 14000.00 0.32 16 K 14650.00 0.34 LEGAL DESCRIPTION 1 BEING a tract of land located in the H. JAMISON SURVEY, ABSTRACT NO. 480. Town of prosper, Collin County, Taos and being a part of o tract of land described in Deed to Mustang-Miamy Pima, Ltd., recorded in Document No. 96-0038753. Deed Reawds, Catlin County, Texas and being more particularly described as follow BEGINNING at a 1/2 inch Iron rod with a yellow plastic cap stamped 11AA' found in the Northwesterly right-of-way line of Lo Cerra Bouleverd, a 42.5 foot right-of-way, at the Northeast comer of LAKES OF LA CIMA PHASE FOUR, an additim to the Town of Prosper, Collin County, Taos according to the Plat thereof recorded in Book 2006, Page 800. Map Records, Collin County, Texas; THENCE Westerly, ding the North line of said Addition, the following: North 63 degrees 32 minutes 25 seconds West. a distance of 120.31 feet to a 1/2 inch Iran rod with a yellow plastic cap stomped 9AA' found tar corner, North 76 dogma 32 minutes G4 seconds West. a distance of 25&82 feet to a 1/2 inch Iran rod with a yellow plastic cap stamped TJAA' found tar comer. South 88 degrees 49 minutes 19 seconds West, a distance of 219&45 feet to a 1/2 Inch Iran rod with o yellow plastic cap stamped TJAA' found tar corner. North 86 degrees 12 minutes 07 seconds Vkst. a distance of 275,53 feet to a 1/2 Inch Iran rod with a yellow plastic cap stamped TJAA' found tar caner at the beginning of a non -tangent curve to the left having a control angle of 20 degrees 37 minutes 38 seconds, a radius of 42100 feet and a chord bearing and distance of South 05 degrees 33 minutes 58 seconds East, 152.18 feet; Southerly. dmg mid wrve to the left an arc distance of 153.00 feet to 0 1/2 Inch Iran rod with a yellow plastic cap stomped 9AA' found for comer; North 71 degrees 24 minutes 00 seconds Wat, a distance of 314.66 lest to a 1/2 Inch Iran rod with a yellow plastic cap stamped 9AA' found tar comer In the East line of VALLOW RIDGE PHASE TWO, an Addltlan to the Town of Prosper, Colin County, Texas according to the thereof recorded in Cabinet P. Aide 59B, Map Records, Collin County. Texas and in the West line of mid Mustang -Midway tract, sold Pont bang at the Northwest comer of said LAKES OF LA CtMA PHASE FOUR Addition; THENCE North 18 degrees 36 minutes 00 seconds East. leaving the North line of said LAKES OF LA LIMA PHASE FOUR Addition, a distance of 1.179.29 feet to a 1/2 inch ban rod with a yellow plastic cap stamped 9AA' found at the Southwest comer of a tract of land described In On to Town of Prosper. Texas, recorded in Volume 5404, Page 765, Dead retards, Colin County, To=; THENCE Easterly. along the South The of said Tow of Prosper tract: South 71 degrees 24 minutes 00 seconds East, a distance of 28033 feet to a 1/2 inch Iran rod with a yellow plastic cap stamped 9AA' found tar corner, South 96 degrees 06 minutes 44 seconds East, a dlstanca of 39.74 Iwet to a 1/2 inch Iran rod with a yellow plastic cap stomped 9AA' found far corner. North 88 degrees 49 minutes 19 seconds East, o distance of 222.65 feet to a 1/2 Inch iron rod with a yellow plastic cap stornped 9AA' Iwnd at the Southwest tamer of sold Taw of Prosper tract; THENCE North 01 degrees 10 minutes 41 seconds West, a dislanco of 330.00 feet to a 1/2 Inch Iran rod with a yellow plastic cap stomped 9AA' found for comer in the Swlh right-of-way line of County Road No. 78 at the Northeast comer Of said Tow of Prosper tract; THENCE North 88 degrees 49 minutes 19 seconds East along mid South right-of-way line of county road No. 78, a distance of 1.516.29 feet to 0 1/2 Inch ban rod with a yellow plastic cap stamped 9AA' found for caner; THENCE North 88 degrees 49 minutes 53 seconds East, continuing dmg cold Swih right -al -way line of County Read Na. 78. o distance of 818,54 feet to a 1/2 inch Iran rod with a yellow plastic cap stamped 9AA' found tar comer In the West right-of-way line of La Gma Boulevard; THENCE South 01 degrees 10 minutes 41 seconds East, along mid West right-of-way line of La Cima Boulevard, a distance of 828.68 feel to a 1/2 inch Iran rod with a yellow plastic cap stamped 9AA' found tar comer at the beginning of a tangent curve to the right having a central angle of 27 degrees 38 minutes 17 mcand% a rodkis of 1.317.50 feet and a chord bearing and distance of South 12 degrees 38 minutes 33 seconds West 629.38 feet: THENCE Southerly, eonlnuing along sold West right-of-way line of La Cima Boulevard and dmg said curve to the right, an arc distance of 635.52 feet to the POINT OF BEGINNING and containing 68.439 acres of land, more our less LEGAL DESCRIPTION TRACT 2 BEING o tract of land located in the H. JAMISON SURVEY, ABSTRACT NO. 480. Tow of prosper, Collin County, Texas and being a port of a tract of Imd described In Deed to Mustang-Mklway Plano, Ltd., recorded in Occument Na. 96-0038753, Owed Records, Collin County, Texas and being more particularly described as fdlaw: BEGINNING at a 1/2 kwh tron rod with a yellow plastic cap stamped 9AA' found In the Northeasterly right-of-way line of La Gma Boulevard. a 42.5 fool right-of-way, at the Northwest carrier of LAKES OF LA CiMA PHASE THREE, m addition to the Tow of Prosper, Cdln County, Texas according to the Plot thereof recorded In Cabinet O, Slide 525. Map Records, Coln County. Texas, said paint being at the beginning of o non -tangent curve to the left having a central angle of 45 degrees 07 minutes 59 second% a radius of 1.360.00 feel and a chord bearing of North 21 degrees 23 minutes 19 seconds East, 1,G43.82 feet; THENCE Nouthedy. continuing along said East right-of-way line of Lo Cima Boulevard and clang sold curve to the right, an Ora distance of 1.071.30 feet to a 1/2 inch bon rod with a yellow plastic cap stomped 9AA' found for cant THENCE Nwth 01 degrees 10 minutes 41 seconds West dmg said East right -al -way line of Lo Cimo Boulevard, o distance of 828.68 feet to 0 1/2 Inch Iran rod with a yellow plastic cap stamped 9AA' found fa caner In the South right-of-way line of County Read No. 78 at the Northwest coma of sold Mustang-Mldmy Plano, Ltd. tract; THENCE North 88 degrees 49 minutes 54 secands East, dmg sold South right -al -way line of county road No. 78, a distance of 42.50 feet to a 1/2 inch Iran rod at found lea comer, THENCE South 01 degrees 10 minutes 41 seconds E.t a distance of 828.67 feet to a 1/2 Inch Iran rod set found for comer acid point of the beginning of a tangent wrve to the right having a control angle of 45 degrees 08 minutes 00 seconds, a radius of 1.402.50 feet and a chord bearing of South 21 degree 23 minutes 19 seconds West, 1.076.44 feet to o point an the North line of mid LAKES OF LA CIMA PHASE THREE; THENCE North 46 degrees 02 minutes 25 seconds West along mid LAKES OF LA CIMA PHASE THREE, a distance of 42.50 feet to the POINT OF BEGINNING and containing 1.870 ones of land, more or less NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT $HADDOCK DEVELOPER, LTD., acting herein by and through Its duly authorized officer, does hereby certify and adapt this plat designating the herein above described property as LAKES OF LA CIMA PHASE SEVEN, and LA DMA BOULEVARD, additions to the Tow of Prosper, and does hereby dedicate to the public use forever, the streets and alleys show thwem. The (0wer None) does herein certify the following: 1. The streets and alloys are dedicated far street and alley purposes. 2. All public improvements and dedications shell be free and dear of all debt. Ilens, andfar enwmbronces. 3. The easements and public use areas, w show. we dedicated for the public use forever Iw the purposes indicated an this plat. 4. No buildings, lances, trees, shrubs or other improvements or growths shall be constructed w placed upon, over or across the easements as show, except that landscape Improvements may be placed In landscape easements it approved by the Taw of Prosper. 5. The Town of Prover Is not responsible for replacing my improvements In, under, w aver my easements caused by maintenance or repair. 6. Utility easements may dso be used for the mutual use and ocmmmodatlm of all public utglties desiring to use or using the same -I- the easement limit. the use to particular utilities, mid use by public utilities being subwdinata to the public's and Tom of Prosper's use thereof. 7. The Tow of Prosper and public utilities shall haw the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs our other improvements our growths which may In my way endanger Or Interfere with the constructlon, maintenance, ar efficiency of their respective systems In the easements. 8. The Tow of Prosper and public utilities shall of all times haw the fug right of ingress and egress to a from their respective easements far the purpose of canstractng, reconstructing, Inspecting, patrolling, maintaining. reading metes, and adding to or removing as a parts of their respective systems without the necessity at any time procuring pernissim from anyme. 9. All modification to this document shall be by means of plat and approved by the Tow of Prosper. This plot approved subject to all platting ordnance% ruin, regulations and resolutlans of the Town of Prosper, Texas. WITNESS, my hand, this the day Of _ 2007 BY: Authorized Signature Printed Name and Title STATE OF TEXAS $ COUNTY OF COLLIN 4 BEFORE ME, the undersigned, a Notary Public in and for The State of Texas. on this day personally appeared known to me to be the person and officer whom name Is subscribed to the foregoing Instrument, and acknowledged to me that he ,=led the some far the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER NY HAND AND SEAL OF OFFICE this the _ day of 2007 Notary Public, State of To SURVEYOR'S CERTIFICATE Know All Men By Thus Presents That i, Larry G. Ferguson, do hereby certify that I prepared this plat and the gold notes made a part thereof from an actual and accurate survey of the Imd and that the coma monuments shown thereon were properly placed under my personal supervision, In accordance with the Subdivision Regulations of the Town of Prosper, Texas. Dated this the day of 2007 LARRY G. FERGUSON. R.P.LS NO. 5632 STATE OF TEXAS 11 COUNTY OF COLUN III BEFORE ME, the undersigned, a Notary Pudic in and far The State of Texas, an this day personally appeared know to me to be the perm and officer whose name Is subscribed to the foregoing Ina"-wt. and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of -_, 2007 Notary Public, State of Texas CITY APPROVAL APPROVED THIS DAY OF 2007. by the Planning and Zoning Commission of the Tow of Prosper, Texas. Br Planning & Zoning Commisslm Chalrpersm ATTEST: _ City Secretary City Engineer Planning Department THE STATE OF TEXAS § COUNTY OF COLLIN TOWN OF PROSPER ¢ This plot Is hereby adopted by the Owner and opproved by the Tow of Prosper (Coiled 'Tow) subject to the following conditions which sholl be binding upon the Owners, their heirs, grantees, successors and cosigns: The Lot 8, Block X. as show on the plot Is called 'Drainage and Detentim Easement'. The Drainage and Detention Eosement within the limits of this odditim, will remain open at oil times and will be maintained in a safe and sanitary condition by the owner of the lots that ore traversed by or odjacent to the Drainage and Detentim Eosemwt. The Tow will not be responsible for the maintenance and operotlm of sold Easement or for any damage to private property or persm that results from conditions in the Easement, Or, for the control of erosion. No obstruction to the natural flow of storm water run-off sholl be permitted by construction of any type of building, fence, or any other structure within the Drainage and Detention Easement as herein above defined, unless approved by the Tow Engineer. Provided, however, it Is understood that In the event It becwnes necessary for the Tow to erect any type of drainage structure In Order to improve the storm drainage that may be occasioned by drainage in our odjacwt to the subdivision, then In such event the Towm sholl hove the right to enter upon the Drainage and Detention Eosement at any point, or points, to investigate, survey or to erect, construct and maintain any drainage facility deemed necessary for drainage purposes. Each property owner shall keep the Drainage and Detentim Easement dean and free of debris, silt, and any substance which would result in unsanitary conditions or obstruct the flow of water, and the Tow sholl how the right of ingress and egress for the purpose of inspection and supervision of mointamonce work by the property owner to alleviate any undesirable conditions which may occur. The natural drainage through the Drainage and Detention Eosemwt is subject to storm water overflow and natural bank erosion to on extent which cannot be definitely defined. The Tow sholl not be held liable for any damages of any nature resulting from the occurrence of these natural phenommo, or, resulting from the fogure of any structure w structures, within the easement. PRELI MI NARY P L A T LAKES OF LA CIMA PHASE SEVEN ZONED SF: PD-6 ORDINACE No.01-18 88.4397 ACRES OUT OF THE HARRISON JAMISON SURVEY - ABSTRACT No.480 TOWN OF PROSPER, COLLIN COUNTY, TEXAS Owne 3HADDOCK DEVELOPER, LTD. Enainawr TIM SPlARS Enneering. 1- 2400 Dallas Parkway. Suite 560 730E Park Blvd., Suite 210 PIm0. Tex. 75093 Plano, Taos 75074 Telephono (972) 985-5505 Telephone (972) 422-0077 Scde 1'-100' July 2.1 2007 Sheet 3 of 3 r5exton Holdings LF CCF/99-D128101 Valuma 451% Poge 1904 D.R.C.C.T. ETJ 2;�� 9 10 11 Prop. r � - U4r. I} D14I 13 ;III ' Pill Q La e,Is oek X aQW7 Aun Open Spam L Fe, Laldsmphq Pwpotas, I I T Be Ow1M Md Mahlmed Q By The Kak Z 8 III 1 �II U is I j $' Lol . tk X - _ g LL I ". DO a79 BbAco apm Space Fa adaeapilq PWpmae, -- U% • T B. o.ned Md Mehtmsd y _ O By The H 01A } 16 N l' Prep ,r Raw 19 W 3 � 17 11 lI I 2 1 I I 18 I 2 Sexton Farms, LTD. CCF/2000-OD52177 Volume 4673, Page 778 15 lsneeep. D.R.C.GT. Bnlfa Zoned: SF-15 (Undeveloped) shed r. Boundary Curve Table Cum* It'S" Dow 1.4" U.Sth aesseeah9 am4 Ba BBOJan 1154'se' 14.n 25.5,c SOWW BW W-W = WOW vLWW 250' 600 NB9Ti78(YE &W Boundary Line Table IS.a Us& M-V- SO W.7f9' SWW*71V SL2 i601W SW*W471V BIS 80AO BO'07'299V BL4 14W 54008' M Bib 116AY 6P47'18'E BLS 872f N88'8087W SL7 e28B' N88'4848'W BLS 87AW N79VOBM BLS 8288 N74*rrW V OL10 WIRY 571'2'Y48'E 51.11 8A0 MrSO E DL12 WW N68'96'IE'E SLO 118170 67I'2i'48'E OL14 Saw S19`OB"t21V BLt6 7643' 1 628'f914'V/ Lot Z said x Lot 8, Wd, x OL0399 A- Op. Space �� �I Fc LanOacophg Pu)po.. And Pedastrlan Troll, To Be Owed And Maintained By For le 0-.d A Main es, T. Be O And Yoinlaiwd mpead r \ .52L.1S1 The H.O.A By The N.QA o ; aL Building Line Setback Home Owners Association Denotes Street Name Change Wil 12'W er ♦ Denotes Street Frontage II Pewnnl In WL.e44 101M ® Denotes No Drive Access `tom `716 J o 1434' g.� 5 6 _ 7 8 - ,Eg 9 - E 4LrOlUt - F91T. + - f11.1 i12r a17 Haler XW495YE ASBERt" LANE a ISL1r 81 J 34 94 t0 3 g IesS' 26 V 25 R aim � Lot 10. Bloek X $ 1 1Q 2 3 Dra61oge a WWII n 7 4 �d 0.92480.9248 Aces Open +741 Yay,,§ _ L21 teltion Only, To Be Ow1ed Mahtained ByTheFLO.A$ © u lyMd 8 7�i� 1sY ZE) �9Y ALLU'LANE � RIVER OAKS LANE S e 1a _74.N' 2 S00� 1 p a A (2)I28 I F 1 2 3 'a 4 A 5 < Sit 25ar Ir O - zs mar 1, en1 san n a 1a� 5 B7sY eaar eaar due Qj 2 7�' . al O $ I luill' 10 p 9 %) 8 7 Z 6 G 1.71' 7J33• - - - - 8 411/• i 24 25' 2r (4 WX 76Jr 7 20 alit 3ti F - 19 72 a 2s nS6T .p Yen IEWIS C/1H1'ON 18 ® SL 2 827Y 822T INA' 23 -- i- -_3TR 78 7g rvy.` 91 ` 22 I 21 1d 20 19 _ 18 8 b271 (E)7 17 d 7)Q7. put f^119.1 -J 15. 1�� 15.45 eS4r 5 16 1S P TVsu4�11' MT. I r SEAM ESYT® 113r m/3• ar 1 7 I d 9 10 11 12 I ^ 2s at - O x7 13 8 7 17 798/9 S CIO 6 i0 Irr1753[ N000NA DRIVE r' at.Ir Ne34• al L 16 23' 2r St. 5 1 = t q (A r 8 lly _ ® ^ 5 g ` L22 3 12 T}� g L33 t 13 ;1{ 7 "st 14 161?C i a g 4 ® 11 I t' 14 14AI', 229r y11 # N27a. 6 for 8407 .d C 10 5 Allmqy 770 'w C1 '% m f7• tk 15 7 ry ar - �' 7 8 �• O 115ar 09 QY J717J'�ya217. 13 $ t$ el0 9 P. 16 �' � 125.W 4 ii $ B may ��� "�6F ,p. , 17 m 5 may C2 70 I` aE mqy 16 Q mV mOr ,5 Oki 8 ^/ ,44 mV 9 al 12Sar -- 19 V 23' t Xf 13 25I 25, t v 12 $ ® Irian 4, 1BY \gCq k n !0 10__ 4 $ 42 5 may 7 74 • 8uL7.T $ ,25 21 6 4187' 7 109 id $ mn• 4). 17 E yFQ 22 16 mr 15 L75r` J O � I a $ $� � 23 14 � 7.99 Aw_ 13 12 Iliac $ 24 $ q BLN• IS' 2 3 $ R4r• a 30 \ • BCI- 51-2- 4 . l; .a 1 BC2 4�7�, 8 � -sC4V21R4711.,Fi 15 ' I = 7 8 �' 14 �'i�'L� 9� raw ,-Ie33, ^to©ar { PN OF BLg 9L7 r BL.6 I O 40 \\ P� 602 10 9 ! 1 p i A 39 ITI`\' 1 38 2 \ 6 7 8 9 I1 37 Boundary Une Table tart Leyth ohvtkn OL16 76,W SW54WW BLV 7S.08' 840 28'08W BL18 77.1r 8474855 W OL19 116.00 N40'I1BVW KW %W N4.48'07'E SIM n6.00 N48`48'OM 5L22 6220' N2T4019W BM 80AZ N54'I9"JOW OL24 109A9' 1, N48•0142W Cen6alro Ltro TAW -1 rP ewe. L21 40.W 94011'&rW L22 25.00 NSnYI9'E L23 2100 Se9s4'47W Gffteetec4 Tabb 4Ye t sees Le -le keel a.4 w4 m+,r eeY Cl 1228.Or 42273 21149' 42OL" S8,16'SrE 19.46.19' C2 300.0r IOL07 SUIX 10749' S01.42VOWE 2036'23' C3 925.W 319.20' 161.20' 3176r S8116'55'E llriel9' t4 5710r 2IC46 IOSSW 2114W S02Vr27'E 217SIe' CS MAI` 215.613' ID19Y 21461' Sn16'5e'E IT444r C6 871W 282-24' 14236' 281.Or 5807e'141 187r5r C7 401W 45" 22." 4121' 1,111.49'15'E WW4S CS 4=W 427r 21.38' 42711 91138'59-E SV71r C9 saw I atie 41.er 8287 N6'4r13'E 15'Sr41- C10 321W 11215' 1 SUW III.W 98116-SBi 19-4weig' a, 3WOr 10223• 151.6Z 101.7V S9174-22-C IWS1'31' C12 37500' 112W 165.3V 1217r sa116'Se'E 1r4619' 03 671ar I 2,S1Y May 21121' S31V -0-C I87r4V C14 ISe2.50' 23SSr 119.SY 2363V N3411V2'E S7e'17 CIS S116W 9112' 49.2r 97.W W414'35E 1114'35 CIS W&W $1.01' 21SY 50.99' 1121.3r391 57r4Y C17 1572.Sr 4e1.7Y 2417r 47SAW 14I3•4175E 17.009- CIS 441W 13265' 6S.74' 13224' 11111ZWE ,!'4r13' a9 42500' 231.4Y 11665' 22SSr N341ria-E 3111.55' C20 3WOr 12a1r 6a65' 11931' NI1'AOTW 19w3r .AIA __ TC •�/ 1 2 y`"Nf Sf e Sye fT Lot C6rLsTAVIS -!!It sm ese U-W 1.0 Gi 2W.00' 714.50' 1S4r ]289' N12V7osi -M' u 30a00' 11'4r4r 3a6r 61.15• 13970'10'E 61.0W CS May PWOr I 12.W 2171' Mn270'49'W 2571' Lot Use Table I Los LIM T" Lag Une T" eel. NW7S32E s4419'211 N4415-14-E 521WOVE 114rY72n N3114'44W N9t1'44'- S'M1r24i S6o7rSYW 915'49'SrE Los LIlW T" Lat URSTabte Lie t L2 1em, L47 14.W 9II511'53E L45 17.20' S70T10'M 1.49 143r M741755-E L50 15.23' 9211729E Lr I L.P esee tee t L-0 eese Lie t 1.0 1r I 1ws ase. U 14AC SITf9'311'111 U7 1194' S1S71'14'E L27 1198' I37 1197 S433113111 13 14631' S59V1'I9'W L18 I1W S65b0111'w 1.28 /4.75' L38 wer S207r30'E L7 14.61' lall-W37W us 7.14' NI74VIS'W l29 118r L39 li2V N48-21.07-E L9 WW S461r19'W L20 14.14' 98.T3612W L30 14.36' L40 14.14' S267y461 UI 1414' N46N71YW L21 ,4,4' S2873'4ei 131 14.13' L41 14.14' SS33VI2'W L12 143r S46VOWE 112 IA14 N43'1936'E L42 ❑Sr 5]075'42i U3 1414' 11"121 l22 1414 9451r2CE f14.14'11C490rE l2, 1196' S31Vr25'E L14 L44US 141C li"Ift L24 1f39' S5r4Wl7-W L45US 14.W S4.4r07W L27 '14' N4e1r24W L46 14.14' S4'4r07w tot 3• Bloak X 03931 Acee OPm Spada For Igndscayyhg Puryous And Pedastrbl T" To & 0-ad Ad Whlain.d By The HA& -r p.s4..eRpe.e r NOTE: THERE ARE NO TREES ON THIS SITEiI 179 LOTS DEVELOPED TO PD-6-SF (ORDINANCE No.01-18) ON 62.8092 (2.85 UNITS/ACRES) Ina 0 50 100 2DO 1 inch - 100 ft. W 0= Rear Property Une O I IO I I O J J J 'J J s' unity Een L T Front Property Une LOTS FOR F� F R Pit-6-SF STANDARDS 7' Iraq .,, • 10A • 9 General Notesi l 1. All development will comply with all Zoning and Subdivielon Ordinance Requirements. 2. All Open Space Areas, Lots 1-5, Block X, are for Landscaping Purposes & Pedestrian Access Only, Lots 6_9, Block X, are for Landscaping Purposes Only, Lot 10, Block X are for Drainage Detention Purposes Only to be owned and maintained by the H.O.A. 3. The thoroughfare alignments shown on this exhibit are for Illustration purposes and do not set the olignment. The olignment Is determined at time of final plot. 4. Selling a portion of this addition by metes and bounds is a violation of town ordinance and state low and is subject to fines and withholding of utilities and building permits. Thar Raw Berth 9s' m.r sa as r �tl ISS• 4,p', "W (W-t 'L�II Q.6 T1p 1 [II f n S' Goan YamlaeM arb) S<mm_ Prop, S.L S. 7" O r 35W P.Sen. Cat. Pawnelt o R.K./,M 311- 2r aaEK YI_ 7,, r Lin. 9taa2.e Remeee Is R.e1c. PJwTeYmbnun of 11 Typical 31' BB Pavement Section P R E L I M I N A R Y P L A T LAKES OF LA CIMA PHASE SIX ZONED SF: PD-6 ORDINANCE No.01-18 62.8092 ACRES OUT OF THE HARRISON JAMISON SURVEY - ABSTRACT No.480 TOWN OF PROSPER, COLLIN COUNTY, TEXAS Owner Enalneer SHADDOCK DEVELOPERS, LTD. nM SPIARS 2400 Dallas Purk.o , Suite 560 Spurn Park Blvd.. q. to Y 730E Park Blvd., Suite 210 Plano, Texas 75093 Plano, T... 75074 Tel (972) 885-5505 Tel (972) 422-0077 f Lot LLlleraW Letik*Tabb Lot LbWTMW lot UN raw lot Uns Table W 1 fi Erleaw L47 1A14' Sa511130E Loa 17.20 S7a710'W to 14.3a N741135% LW 1523' 52111291 ar / 1e'N bw➢w 1N / teM 0ie6n W 1 1eyP a eTe lH / UF11 bs0e L1 14.14' S4349'35'W L17 1194' S1511.14-E L27 11W N6025'3YE L37 1197' S43WI3'W 13 14d1' S59a119'W us 1160 565'S01o'W L2a 14.75' S44IN21-E 138 1446' MW30-E L7 1461' NWW3rW US 7.14' M7'4515'W L29 1185 W44IV14-E L39 MV W4911.07-E LO 113a S461X1rW L20 14.14' S61'16'12'W W 1436' 5297709'E L40 K14' larMn Ltt 14.14' N46'4713W L21 14.Ir 52673'4e'E L31 14.1T N474720'E L41 14.14' S637e12'W L12 14.JC S/e59'n'E L22 mvV N43'0361 l32 1190 N1114'MY L42 1159' S30W4rE L1J 14.14' N6J76'12'E 133 14.4e' N56'14'Iai LN 14.a3 N6054'IOi5t LJ4 1AI4' S461074t L44 IA14' S26'2XWE M1414SO11124%4'E 7W4�Y L% 14.]S 545'49'S6'E L46 14.14' 1 S4'48`07W lot cone THIS Sew / rebn au Twca1 L.p aw4 fr1R a.N C3 =00' n4'50' 16.47 MW N42T1T'O5-E 32a0' C4 300.00 11'40'40' 366a 6115' N3050 O-E 61.04' CS 77&WI ISCO2' 1286' 25.71' N727049'W 2571' LANDSCAPE BUFFER EETAIL PLAN (LA C1MA BOULEVARD) aa7 `Y . MA lC � ! ,T ! � 48O.00'�Nf SFf SNfeT i sta^s6'Lrw 1 CaR4Wr1e LloTe rabb one l bRa 1a45 tx4w1 ae4 Ow16,eN1 Oa, CI 122500 4227T 21145 420." 56116'661 19'46'19' c2 306fa' 1oe07 6a.er 107.49' Sa1'43'o0i 2n523' C3 92SOa 319.W 161.2W 317.6t 56116161 19'45'19' C4 57500' 21465' 10e19' 21140' Se2v577'E 217SItr 05 06 62500 67500' 21W 2a2.24' 10032' 1423e' 04.81' 201.Or S0116`55E Se07614% 19'4619' 167a'32' C7 40&W 45.23' 22." 4121' N11'49'461 57945' 05 40600 42.72' 21.35 4270' Ntt'WWE 65710' a 3MW e114' 41.64' a2e7 N6'46131 1552'41' CIO 32500' 11215 56." 111.W 53116'56i 19'Wl9' al 300.00' 102.23' 31.62' L!1 65174'22'E 1971'31' C12 MOT IM41 6535' 12e77' 131101rE 19'4619' C13 675.00 21a13 1W.00' 21521' S31 OOT ta2045' C14 153250' 2XW 1113r 23636' N3411.02-E 07317' C15 a060a awr 4e22' 97.96' k2414'35'E 1114'36' cis 500.00 51.01' 2S5Y 5699' N91'32WE 5W4T C17 15723a 4a1.73' 242" 47A05' R15-41-25-E 1773'W as 465,00' 13165 1 66.74' 13224' N65r26'E 15'4016' CIO 425. 231.4r 11&W 27W- N34121o'E 3111-W c20 ]Seas 12om' I etas 1 110,51' N117707'W 1970'39' Legend al Building Line Setback Ro.. Home Owners Association o Denotes Street Name Change ♦ Denotes Street Frontage ® Denotes No Drive Access i" 16a�1 � G • • ► Boundary Curve Table Cwwa Rehr I T-4. legeh camDat" a1ae1 W WOW 1`6496' 140 2D$4' 59911OVM W.W 1512 WOW O'19Y76' I 280' 6D0' N85'67WT &W Boundary Line Table Lire Lw4m Dh-1;aM SL1 35M 542MZ47W DL2 150DV SOM47W BLS 60DV 60'0725V 01.4 14.60' S461 SVM BLS MW SI'4715E me 872r N88'303M DL7 8288 NOV4648PW DW 87AW N79 008BW 151.9 8266' N74*022'W SUO WOO 67rW48'E BLit 1 5W 1418'8912'E DLi2 1*W N65"-WIrE OL15 n5.00' 67r'2848'E 5L14 88.59 St9*DV2ZW 151.15 76D9 525'19L4'W Boundary Line Table Lire U.0 pk..Uan BL16 76M 532254WW OL17 76.06' 540129)OM OL18 77.1r S474813BW BL18 N40`if69W BL20N446VM Br2i 1109D9 N49'48'07'E Bl?2 N274aO W BL28 N54'WZM SU34 N46'02'42'W NOTE: THERE ARE NO TREES ON THIS SITEII 179 LOTS DEVELOPED TO PD-6-SF (ORDINANCE No.01-18) ON 62.8092 (2.85 UNITS/ACRES) 100 0 50 100 _ 200 t7 I inch - 100 ft. Rear Property Line 10 Rer BL ftl O I I ►�O I I O J J J .J I ,.J I2s' F mafr,y I /5' Ur/ tmy Eenit T_ General Notes! I 1. All development will comply with all Zoning and Subdivision Ordinance Requirement's. 2. All Open Space Areas, Lots 1-5. Block X, ore for Landscaping Purposes & Pedestrian Access Only, Lots 6-9, Block X, ore for Landscaping Purposes Only, Lot 10. Block X are for Drainage Detention Purposes Only to be owned and maintained by the H.O.A. 3. The thoroughfare alignments shown on this exhibit are for illustration purposes and do not set the alignment. The olignment is determined at time of final plot. 4. Selling a portion of this addition by metes and bounds is a violation of town ordinance and state low and is subject to fines and withholding of utilities and building permits. sae RA. W M 9S 31.0' as 9B 1.0 4.0' , 'j-�jl e f R IS ' 5' Craw, YmdltNc ar! Tp f (Yant96N orb) \ � 1.0' umma PrP, w,sea $ew 6M 0 6' 3500 P.SL Crete Pwwnent R.W. eA. 3 5- 24' oQEW. � 2. � I.^ 1 I)QICCd 7d 6' line Sletaae4 Re Pa W To R . Pa L ewar of 15 1' BB Pavam nt Section PRELI MIN ARY P L A T LAKES OF LA CIMA PHASE SIX ZONED SF: PD-6 ORDINANCE No.01-18 62.8092 ACRES OUT OF THE HARRISON JAMISON SURVEY - ABSTRACT No.480 TOWN OF PROSPER, COLLIN COUNTY, TEXAS Owns L Enelneer BRADDOCK DEVELOPERS, LTD. mt SNARS Spbn Engineering, Ina 2400 Dallas Parkwy, Suite 560 730 E. Pork S W.. Suite ZIO Plano, Taxas 75093 Plano, Texas 75074 Telephone (972) 985-5505 Telephone (972) 422-0077 Seale l'-100' August 3t, 2007 Sheet 2 of 3 Lot Area Table: Pored / Bak j Square Feel Acreage 1 A 12086.60 0.28 2 A 11476.86 0.26 3 A 11380.61 0.26 4 A 17833.43 0.41 5 A 10251.04 0.24 6 A 10633.09 0.24 7 A 10674.14 0.25 8 A 10946.29 0.25 9 A 11433.64 0.26 10 A 11779.54 0.27 11 A 13707.56 0.31 Lot Aram Tmbb Pared / Bock j Square Feel Acreage 1 B 13123.42 0.30 2 B 13379.94 0.31 3 B 13998.84 0.32 4 B 12483.19 0.29 5 B 15145.46 0.35 6 B 10000.00 0.23 7 B 10000.00 0.23 8 B 10000.00 0.23 9 B 16161.39 0.37 10 B 18270.50 0.42 11 B 17505.01 0.40 12 B 18440.75 0.42 13 B 16453.00 0.38 14 B 12270.97 0.28 15 B 11069.31 0.25 16 B 10264.83 0.24 17 B 10000.00 0.23 18 B 10000.00 0.23 19 B 10000.00 0.23 20 B 1D000.00 0.23 21 B 10000.00 0.23 22 B 9978.58 0.23 23 B 10016.49 0.23 24 B 10529.84 0.24 Lot Area TAW Parcel / Bock I Square Feel Acreage 1 C 10825.00 0.25 2 C 10167.12 0.23 3 C 10167.12 0.23 4 C 10167.12 0.23 5 C 10457.69 0.24 6 C 10524.05 0.24 7 C 10529.84 0.24 8 C 11286.96 0.26 Lot Ams TaMe Paces I Back / Square Feet Acreage 1 D 11199.88 0.26 2 D 10320.51 0.24 3 0 10320.52 0.24 4 0 10320.54 0.24 5 D 10320.55 0.24 6 0 10320.56 0.24 7 0 10320.57 0.24 8 0 10320.59 0.24 9 0 10320.60 0.24 10 D 10320.61 0.24 11 D 10320.58 0.24 12 72.93 0.25 13 43.33 0.25 14 4D11049.26 0.25 1578.87 0.26 Lot Aron Pored I Black i Squ, at Acreage 6 E 11288.38 0.26 7 E 11228.90 0.26 8 E 11105.82 0.25 9 E 16032.72 0.37 10 E 13705.20 0.31 11 E 10414.16 0.24 12 1 E 11676.53 0.27 Lot Aron TAW Parcel / Bak Square Feel Acreage 1 F 11775.09 0.27 2 F 11038.68 0.25 3 F 10929.25 0.25 4 F 11148.10 0.26 5 F 10938.04 0.25 6 F 10960.68 0.25 7 F 16057.93 0.37 8 F 12152.04 0.28 9 F 10681.80 0.25 10 F 10681.80 0.25 11 F 11372.15 0.26 12 F 11609.04 0.27 13 F 10681.80 0.25 14 F 11200.00 0.26 15 F 10825.00 0.25 16 F 10441.96 0.24 17 F 10014.09 0.23 18 F 10021.76 0.23 19 F 10000.00 0.23 20 F 10278.75 0.24 21 F 10277.61 0.24 22 F 11118.75 0.26 23 F 21104.77 0.48 24 F 11184.46 0.26 25 F 10625.48 0.24 26 F 10825.77 0.25 Lot Am TaW Parcel / Black I Square Feet Acreage 1 G 10853.24 0.25 2 G 11201AB 0.26 3 G 11201.88 0.26 4 G 13198.17 0.30 5 G 11364.71 0.26 6 G 10384.62 0.24 7 G 10375.89 0.24 8 G 10000.00 0.23 Lot Aram Table Pace Bock I Square Feet Acreage 1 H 11280.58 0.26 2 H 10000.00 0.23 3 H 10000.00 0.23 4 H 10000.00 0.23 5 H 10000.00 0.23 6 H 10000.00 0.23 7 H 10000.00 0.23 8 H 10184.49 0.23 9 H 12262.19 0.28 10 H 12293.53 0.28 11 H 11127.70 0.26 12 H 10553.13 0.24 13 H 10553.13 0.24 14 H 10553.13 0.24 Lot Aron Table Pared / Bock # Square Feel Acreage 15 H 10553.13 0.24 16 H 10553.13 0.24 17 H 10553.13 0.24 18 H 11518.71 0.26 Lot Am TmW Parcel I Bock 1 Square Feet Acreage 1 1 12443.64 0.29 2 1 10000.12 0.23 3 1 10100.96 0.23 4 1 10468.75 0.24 5 1 12633.71 0.29 6 1 11534.66 0.26 7 1 10558.65 0.24 8 1 10000.00 0.23 9 1 10000.00 0.23 10 1 10825.77 0.25 Lot Ama TAbb Parcel / Bak / Square Feel Acreage 1 J 12037.66 0.28 2 J 10000.00 0.23 3 J 10000.00 0.23 4 J 10000.00 0.23 5 J 10000.00 0.23 6 J 10000.00 0.23 7 J 10000.00 0.23 8 J 10193.90 0.23 9 J 10709.14 0.25 10 J 11591.41 0.27 11 J 11949.50 0.27 12 J 11024.80 0.25 13 J 11095.48 0.25 14 J 10489.18 0.24 15 J 10489.18 0.24 16 J 10489.18 0.24 17 J 10489.18 0.24 18 J 10489.18 0.24 19 J 10489.18 0.24 20 J 11539.67 0.26 Lot Aram T" Bak / Square Feel Acreage K 12771.87 0.29 PI K 10792.24 0.25 K 11246.61 0.26 K 11984.74 0.28 5 K 11339.14 0.26 6 K 11825.00 0.27 7 K 10825.00 0.25 8 K 11495.19 0.26 9 K 12039.56 0.28 10 K 11172.81 0.26 11 K 11173.45 0.26 12 K 12581.03 0.29 Lot Aram Ta* Parcel I Bock Square Feet Acreage 1 L 15175.18 0.35 2 L 10094.89 0.23 3 L 10094.89 0.23 4 L 10608.52 0.24 5 L 11188.25 0.26 6 L 12275.88 0.28 7 L 13134.88 0.30 8 L 22620.26 0.52 9 L 21432.28 0.49 10 L 11311.14 0.26 11 L 10000.00 0.23 12 L 10000.00 0.23 Lot i isle LEGAL DESCRIPTION STATE OF TEXAS 4 Bak / bquae Feet Acreege BEING a -Mustang-Midway open, Collin Count , Texas one ben a art of a tract tract of land located in the H. JAMISON SURVEY, ABSTRACT NO. 480. Taw of a y g p land described n Dead la COUNTY OF COLON $ Plana, Ltd., recorded In Document Na 96-0038753, Dead Records, Collin County, Texas and being more pmlicularly described as fellow: in f BEFORE ME, the undersigned, a Notary Public in and for The Stale of Texas, on this day peraondly L 10403.50 0.24 BEGINNING a1 a 1/2 Inch Irm rod wilh a yellow plastic cap stomped 9M' found In the Norlheaslerly right -of -ray line of Lo GImo Boulevard, a MO loot right -of -my. and the appeared known to me to be the person and officer when name Is L t2298.51 0.28 Southeasterly right -of ro Ins of Count Read No. 78 o1 the Northwest comer of sold Mustan Midro Plow, Ltd. treel; r 9 r r g- y subscribed to the foregoing instrument, and acknowledged 1a me that he execuled the same for the purposes and considerations therein expressed and in the capacity therein stated. L 11103.60 0.25 THENCE North 88 degrees 49 minutes 53 seconds East, a distance of 1683.80 feel to a 1/2 Inch iron rod with a yellow plastic cap stamped "DAA' found far comer, GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day Of __, 2007 L 12708.45 0.29 THENCE South 1 degree 47 minutes 13 seconds East, a distance of 994.29 feel to a 1/2 Inch Iran rod with a yellow plastic cap slopped "OM' found for corner, L 18371.59 0.42 THENCE South 43 degrees 12 minutes 47 seconds West, a distance of 35.36 feet to a 1/2 inm ton rod with a yellow plastic cop stamped 'DAA' found for tamer; Notary Public, Stale of Texas L 15288.72 0.35 THENCE South 88 degrees 12 minutes 47 seconds West, a dlslmm of 150.00 feel to a 1/2 Inch irm rod with a yellow, plastic cap stamped *OAA' found for comer at the L 16275.60 0.37 beginning of a curve to the right having a central angle of 1 degree 54 minutes 36 seconds, a radius of 850.00 feel and a chord bearing South 89 degrees 10 minutes 5 seconds ftsl a distance of 28.33 fact; SURVEYOR'S CERTIFICATE L 17450.64 0.40 THENCE Southerielm sold curve to the right. an are distance of 28.34 feel to a 1 2 inch Irm rod with a ri 9 9h / yellow plalic sup stamped "DAA' (anal for tamer, Know Al Nen By Those Preaenta: That I, Larry G. Ferguson, do hereby certify that I prepared this plat and the field notes made a part THENCE South 0 degrees 7 minutes 23 seconds West, a distance of 50.00 feet to a 1/2 inch Irm rod with a yellow Plastic cop stamped DAA' found for tamer at the thereof from an actual and cccurote survey of the land and that the comer mmumenls shown beginning of a curve to the left having a control angle of 0 degree 19 minutes 06 wands, a radius of 900.00 feet and a chord bearing North 89 degrees 57 thereon were properly placed under my personal supervision, inoccardmco with the Subdivision minutes 50 seconds East a dislmce of 500 feel; Regulations Of the Taw of Prosper, Tama. THENCE Northerly, along said curve to the left, m art distance of 5.00 feel to a 1/2 inch Irm rod with a yellow plalic cap stamped "OAA" found far comer; Oaled this the _day of 2007 THENCE South 46 degrees 9 minutes 1 second East, a distance of 14.30 feel to a 1/2 Inch Irm rod with a yellow pielk cop stamped "DAA" found for comer, THENCE South 1 degree 47 minutes 13 seconds East, a distance of 115.02 fast to a 1 inch ton rod with a a9 /2 yellow plotic cop stamped "OM' fund for coma; LARRY G. FERGUSON. R.P.L.S. N0. 5632 THENCE North 88 degrees 30 minutes 37 seconds Weil, a distance of 87.21 feel to a 1/2 inch Iron rod with a yellow plastic cop stamped 9AA' found far tamer, THENCE North 83 degrees 45 minutes 48 seconds West. a distance of 8258 feel to a 1/2 Inch Iran rod with a yellow plastic sup stamped 9M' found for comer, STATE OF TEXAS $ THENCE North 79 degrees 00 minutes 35 seconds West a distance of 87.44 feel to a 1 2 inch Irm rod with a W / yellow plastic sup stooped 9M' found Ion came, COUNTY OF GOWN $ THENCE North 74 degrees 17 miulm 22 seconds %sl, a distance of 82.58 feel to a 1 inch Iran rod with a low 9r /2 yes Plastic cap stomped TlAA' found for comer, BEFORE ME. the undersigned, a Notary Public n and for The Slate of Texas, an this day personally appeared known to to be the THENCE North 71 degrees 23 miwlea 48 seconds West, a distance of 407.71 feel to a 1/2 tutu ion rod with a yellow, plastic cap stamped T!M' found far tamer, me person and officer whose name Is subscribed to the foregoing Instrument. and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein staled. THENCE South 18 degrees 36 minutes 12 seconds West, a distance of 490.00 feet to a f/2 Inch Iran rod with a yellow Platte sup stamped "OAA" found for corner, GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of - 2007 THENCE South 71 degrees 23 minutes 48 seconds East. a distance of 50.00 feet to a 1/2 inch ton rod with a yellow plalic cop stomped "OAA' found far comer; Natary Public, Stole of Texas THENCE North 18 degrees 36 minutes 12 seconds East, a distance of 5.00 lest to a 1/2 inch Iran rod with o yellow plastic cap stamped TlAA' found far caner, THENCE North 63 degrees 36 minutes 12 seconds East, a distance of 14.14 feel to a 1/2 inch irm rod with a ydow, plastic sup stamped T!M' found far comer; THENCE South 71 degrees 23 minutes 48 seconds East, a distance of 115.00 feel to a 1/2 inch irm rod with a yellow plastic cap stamped 'DAA' found far comer, THENCE South 19 degrees 5 minutes 22 secmds Weal, a distance of 88.39 feel to a 1/2 inch iron rod with a yellow plastic cap stamped T)AA' found far comer; CITY APPROVAL THENCE South 25 degrees 19 minutes 14 seosads West, a distance of 76.03 feel to a 1/2 inch Iron rod with a yellow plastic cap stomped 9AA' found far comer, APPROVED THIS DAY OF 2007. by the Planning and Zoning Commlesiah of the THENCE South 40 degrees 29 minutes 3 seconds West, o distance of 76.03 feet to a 1/2 tutu Irm rod with a ysAow plastic sup stamped 9M' found for comer; Town of Prosper, Texas. THENCE South 47 degrees 48 minutes 55 seconds West, a distance of 77.11 feet to a 1/2 inch Iran rod with a yellow plastic cop stamped 9M' found far tamer, THENCE South 49 degrees 48 minutes 7 secanda West, a distance of 914.00 teal to a 1/2 Inch irm rod with a yellow Plastic sup clapped T!M' found for tamer, BY: Planning 8: Zmnq Commission Chatpusm THENCE North 40 degrees 11 minutes 63 seconds West, a distance of 115.00 feel to a 1/2 inch Van rod with a yellow plastic cap stamped DM' found far tamer, ATTEST: THENCE North 4 degrees 48 mnules 7 seconds East, a distance of 14.14 feet to a 1/2 Inch Iran rod with a yellow plastic cap stomped 9AA' found for comer; Town Secretary THENCE North 49 degrees 48 minutes 7 secmds East a distance of 115.00 feel to a 1/2 inch Irm rod with a yellow plastic cop stamped 9AA' found for come, THENCE North 40 degree 11 minutes 53 seconds West, a distance of 217.00 feel to a 1 2 inch ion rod with a 9< / yellow plastic cap clamped TlAA' found tar comer; Town Engineer THENCE North 27 degrees 40 minutes 13 seconds West, a distance of 92.20 lest to a 1/2 inch Iron rod wilh a yellow plastic cap stomped 9AA' found far comer, THENCE North 34 degrees 19 mnules 30 seconds Vkst, a distance of 80.42 feel to a 1 inch Irm rod with a 9r /2 yellow Plaslk cap stomped 9AA' frond far comer, Planning Oeportment THENCE North 46 degrees 2 minutes 42 seconds West, a distance of 109.09 fast to a 1/2 inch ton rod with a yellow plastic cap stamped 9M' found far comer In the East right-of-way line of Lo Ckna Boulevard and at the beginning of a curve to the left having a central angle of 45 degrees 8 minutes 00 seconds, a radius of 1402.50 last and a chord bearing North 21 degrees 23 minutes 19 wands East a distance of 1076.44 feet; THENCE Northerly, doing said curve to the left, an me distance of 1104.78 feel to a 1/2 inch Iran rod with a yellow plotic cop stamped "OAA' found far comer, THENCE North 1 degrees 10 minutes 41 seconds Wnl, along sold East righ-of-way line of Lo Ckno Boulevard, a distance of 828.67 feel to the POINT OF BEGINNING and containing 628092 acres of land, more or less NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT SHADDOCK DEVELOPERS, LTD., ocing herein by and through Its duly authorized officers. does hereby ctrtify and adapt this plat designating the herein above described property as LAKES OF LA CIMA PHASE SIX an addition to the Town of Prosper, and does hereby dedicate to the public use forever, the streets and alley shorn therem. The (Owner Name) do" herein certify the fallowing: 1. The streets and alleys are dedloaled tar street and alley purposes 2 Ali public Improvements and dedications shot, be free and dam of all debt, Ilene, and/or encumbrontes. 3. The easements and public use areas, as show, are dedicated far the public use forever Ion the purposes indicated on this plat. 4. No buildings, fences, trees, shrubs or other Improvements or growths shot be cembucled or placed upon, over or across the easements as show, except thol landscape Improvements may be placed in iendseape easements If approved by the Taw of Prosper. 5. The Tow of Prosper Is not responsible for replacing any improvements in, under, or over my easements caused by maintenance or repair. 6. Utility easements may also be used for the mutual use and accommodation of an public utilities desiring to use or using the same unless the easement limits the use to Particular utilities, said use by public utilities being subordinate to the public's and Tow of Proapers use thereof. 7. The Taw of Prosper and public utilities shall have the right to remove and keep removed ell or parts of ony bu8dng% fences, trees, shrubs or other Improvements or growths which may in ony coy endanger or interfere with the construction, maintenance, or efficiency of their respective systems In the easements. 8. The Taw of Prosper and public utilities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, end adding to or removing all or We of their respective spleens without the necessity al my time procuring Permission from anyone. 9. A8 modifications to this document shall be by means of plat and approved by the Tow of Prosper. This plot approved subject to an plating ordncrim, rules, regulations and resdutims of the Tow of Prosper, Texas WITNESS, my hand, this the day Of 2007 BY: Authorized Signature Printed Name and Title s012 1 Zl LW W-11, 1111a A I•. THE STATE OF TEXAS COUNTY OF COWN § TOVIN OF PROSPER § This plat Is hereby adopted by the Owners and approved by the Taw of Prosper (Called 'Town') subject to the following cmdilians which shall be binding upon the Owners, their heirs, grantees, successors and ossigns: The Lot 8, Block X, as shown m the plat is called "Droinoge and Detentim EaaemenC. The Drainage and Detention Easement within the limits of this addition, will remain open at all times and will be maintained in a safe and sanitary condition by the over of the lots that are traversed by or adjacent to the Drainage and Detention Easement. The Tow will not be responsible for the maintenance and operation of said Easement w for my damage to private property a person that results ham conditlme in the Easement, or for the control of erosion. No obstructim to the natural flaw of storm water run-off shall be permitted by constructfm of any type of building, fence, or any other structure within the Drainage and Oetentim Easement, as herein above defined, unless approved by the Taw Engineer. Provided, however, It is understood that in the event it become necessary for the Town to erect any type of drainage structure In order to Improve the storm drainage that may be occasioned by drainage in or adjacent to the subdivision, then in such event. the Taw shall have the right to enter upon the Drainage and Detenlim Easement at any point, or points, to Investigate, survey or to erect, construct and maintain any drainage facility deemed necessary far drainage purposes. Each property owner shall keep the Oroinoge and Oetentim Easement dean end free of debris, al and ony substance which would result In unsonllory conditions or obstruct the flaw of water, and the Tow shall have the right of ingress and egress for the purpose of inspection and supervisim of maintemonm work by the property owner to alleviate any undesirable conditions which may occur. The natural drainage through the Drainage and Detention Easement is subject to storm woter overflow and noturol bank erosim to on extent which cannot be definitely defined. The Town shall not be held liable for my domoges of any nature resulting from the occurrence of these noturol phenomeno, or resulting from the follure of any structure or structures, within the easement. P R E L I M I N A R Y P L A T LAKES OF LA CIMA PHASE SIX ZONED SF: PD-6 ORDINANCE No.01-18 82.8092 ACRES OUT OF THE HARRISON JAMISON SURVEY - ABSTRACT No.480 TOWN OF PROSPER, COLLIN COUNTY, TEXAS 0 0 SHADDOCK DEVELOPERS, LTD. T M SPIARS 2400 Dallas Parkroy, Suns 560 730 r E. Park Blvd.. Suit. 210 Piano, Texos 75093 Flow. Texas 75074 Telephone (972) 9B5-5505 Tdephme (972) 422-0077 Scale 1'-f00' August 31. 2007 Sheet 3 of 3 TOWN OF PROSPER, TEXAS RESOLUTION NO.07-xxx A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY CANCELLING THE DECEMBER 25, 2007 REGULAR TOWN COUNCIL MEETING NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The December 25, 2007 Regular Town Council meeting is cancelled. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 11`h day of December, 2007. ATTEST TO: Matthew Denton, TRMC Town Secretary Charles Niswanger, Mayor -.�G.'" s ;ISPER OWN OF ADMINISTRATION To: Mayor and Town Council From: Mike Land, Town Manager CC: Re: Town Council Meeting — December 11, 2007 Date: December 7, 2007 Agenda Item: Consider and act upon a resolution accepting the Town Manager's proposed 2008 Workplan. Description of Agenda Item: Since my first day of service, I have had the opportunity to interview numerous citizens, the Town Council, Town staff, builders, business owners, and developers. Based on their input I have crafted a workplan for the coming year. The first part of the document is the actual workplan while the second part summarizes comments, by goal, from this collective group and the objectives and opportunities that will be pursued in 2008 to attain the goals of the workplan. The foundation of the plan is the Town's Purpose Statement, "Prosper is a place where everyone matters." Its cornerstone is the Town's desire to be the best in the world at "providing systematic opportunities that inspire our citizens to actually make a difference in our Town." The Town's values of Community, Leadership, Creativity, Economic Security, Security and Helping others form the framework supporting the goals of the workplan. The Town's Purpose, Best in the World at.. , and Values were all developed by Council during the recent advance held in October. That work product is also included as part of the workplan. My next step will be to incorporate the objectives developed by the Council into the departmental business plans currently being developed by all of the Town's departments. These business plans will eventually be presented to the Council for adoption over the next several months. Budizet Impact• There is no budgetary impact as a result of accepting this plan. Legal Obligations and Review: There is no requirement for legal review of the plan. Agenda Item No. 5f - Page 1 of 2 Attached Documents: 1. A resolution accepting the 2008 Workplan. 2. A copy of the 2008 Workplan and supporting documents including the Town Council's Advance Report as prepared by ConBrio. Town Staff Recommendation: Town staff recommends that the Town Council accept the 2008 Workplan, supporting documents and the Town Council Advance Report. Agenda Item No. 5f - Page 2 of 2 TOWN OF PROSPER, TEXAS RESOLUTION NO. 07-xxx A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY ACCEPTING THE 2008 WORKPLAN NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Council accepts the 2008 Workplan. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 11"' day of December, 2007. Charles Niswanger, Mayor ATTEST TO: Matthew Denton, TRMC Town Secretary DRAFT TOWN OF PROSPER 2008 WORKPLAN PURPOSE Prosper is a place where everyone matters. BEST IN THE WORLD Prosper will be the best in the world at providing systematic opportunities that inspire our citizens to actually make a difference in our Town. VALUES Community Leadership Creativity Economic Security Security Helping Others GOAL #1 ACTIVELY ENGAGE CITIZENS a. Develop a holistic communication system that is personal and transparent. i. Expand the definition of community to include anyone who comes in contact with the services and or environment of the Town of Prosper. ii. Establish partnerships with any and all who provide any information to the residents and businesses of Prosper. iii. Utilize as many communication tools available recognizing the diversity and flexibility these tools offer. iv. Establish consistent and regular personal contact between residents, businesses and the people providing services in the Town of Prosper. b. Provide a myriad of opportunities for residents to serve and be served. i. Teach, train and practice self -governance to and with residents and businesses ii. Create a "marketplace" of ideas, training, civic participation, and opportunities to serve and be served iii. Partner with the Prosper Independent School District to establish a Prosper Entrepreneurial and Apprenticeship Academy GOAL #2 MAKE PROSPER A JEWEL a. Create a sense of place for each resident and business to identify with. i. Update the Town's Comprehensive Plan, Zoning Regulations, Subdivision Regulations and Development Standards to reflect Prosper's Purpose ii. Create a Gateway blueprint for the Town's major arterials iii. Foster and create traditions for Town residents and businesses b. Create a community that is looking forward, encourages and embraces change. i. Aggressively pursue and secure economic development opportunities that will capture the market ii. Integrate Scenario Planning into the Town's leadership fiber. GOAL #3 ENHANCE PUBLIC SAFETY a. Position the Fire and Police Departments to be proactive. i. Finalize a plan for dispatch operations ii. Secure a new home for the Town's Police Department and Municipal Court operations. iii. Expand Public Safety to include support for customer centered code enforcement. iv. Continue advancement of CERT V. Conduct Emergency Management Training vi. Where feasible consider establishing partnerships with neighboring communities for joint dispatch, fire, and first responder and ambulance services. b. Utilize technology to provide more opportunity for personal service. i. Implement holistic notification systems for residents and businesses ii. Train all departments and CERT in NIMS iii. Implement E-Watch programs for residents and businesses. GOAL #4 SECURE THE TOWN'S FINANCIAL FUTURE a. Be sound stewards of the Town's resources and assets. i. Implement a performance excellence management system ii. Adopt business plans for all departments and overall for the Town iii. Ensure that service providers receive timely and relevant training iv. Develop a Volunteer in service to Prosper (VIP) program b. Establish Financial Sustainability Policies. i. Create benchmarks for budget and personnel ii. Adopt policies supporting budget goals and objectives, asset investment, personnel, purchasing, return on investment strategies, and debt management strategies TOWN OF PROSPER CITIZEN, COUNCIL AND STAFF COMMENTS LEADING TO THE DEVELOPMENT OF THE 2008 WORKPLAN PURPOSE Prosper is a place where everyone matters. BEST IN THE WORLD Prosper will be the best in the world at providing systematic opportunities that inspire our citizens to actually make a difference in our Town. VALUES Community Leadership Creativity Economic Security Security Helping Others FOCUS AREAS LEADERSHIP • LOOKING FORWARD • ENCOURAGES AND EMBRACES CHANGE • INTEGRITY AND ETHICS • PASSIONATE ABOUT THE TOWNS VALUES AND COMMITTED TO THEM • KNOWS THE COMMUNITY • COMMITTED TO THE COUNCIL MANAGER FORM OF GOVERNEMENT • POLICY MAKERS, MAKE POLICY • ENTREPRENURIAL GOVERNMENT • ACTIVE IN THE COMMUNITY ECONOMIC • KNOW WHO MAKES UP OUR COMMUNITY • LOOKING FORWARD • ENTREPRENURIAL COMMUNITY • TOWN FINANCIAL STABILITY AND SUSTAINABILITY BE STRATEGIC AND INTENTIONAL TOWN BUSINESS PLAN BUILT AROUND DEPARTMENTAL BUSINESS PLANS ➢ COMMITTED TO TRAINING AND CONTINUEING EDUCATION TO CREATE AND MAINTAIN A PROFESSIONAL TEAM ➢ UTILIZE OUTSIDE PROVIDERS FOR SERVICES TO EXPAND OUR TOTAL SERVICE PACKAGE ➢ LAND USE PLANNING ➢ INFRASTRUCTURE ENHANCEMENTS, EXPANSION, AND SUSTAINABILITY PROMOTE ➢ HOME OWNERSHIP ➢ INCREASING AVERAGE HOME VALUE ➢ MEDIAN AGE BETWEEN 34 AND 38 PUBLIC SAFETY • PROUD OF POLICE AND FIRE SERVICES • PROACTIVE AND RESPONSIVE ACTIVELY INVOLVED WITH CITIZENS ON A REGULAR AND CONSISTENT BASIS QUALITY CREATE A SENSE OF PLACE - THE JEWEL TRADITIONS A PLACE TO BE A PART OF A PLACE THAT A PERSON CAN IDENTIFY WITH A PLACE THAT EMBRACES AND ENCOURAGES CHANGE PROUD OF BUILT ENVIRONMENT LAND USE PLANNING REPUTATION (GOLDEN CIRCLE -DEVELOPERS AND BUILDERS) SCALE CONSISTENT AND CONSTANT COMMUNICATIONS STAY IN TOUCH WITH THE COMMUNITY . CONSISTANTLY ARTICULATE THE MISSION SEE, HEAR AND TOUCH TOWN HALL MEETINGS IN ALL FORMS PARKS AND RECREATION OPENESS CREATE GATHERING SPACES CULTURAL DOWNTOWN FEEL CHILDRENS INITIATIVES USE THE SCHOOL SYSTEM SPORTS ASSOCIATION FAMILY FRIENDLY FAMILY ACTIVITIES AND EVENTS HOMECOMING COUNTRY CHRISTMAS TRANSPORTATION MOBILITY AND ACCESS TRAFFIC - VEHICULAR PEDESTRIAN SAFETY - DAY AND NIGHT CITIZEN SERVICES THAT EXCEL TOWN OF PROSPER 2008 WORKPLAN OBJECTIVES AND OPPORTUNITIES BASED ON INPUT FROM CITIZENS, COUNCIL AND STAFF GOAL #1 ACTIVELY ENGAGE CITIZENS ❖ Tell the Community and let the community spread the message about what is going on. • Clearly articulate vision, mission, values • Don't rely on plans to communicate, people communicate • Expand the definition of citizens to include any person who comes in contact with the services/environment of Prosper • Utilize as many methods as possible to keep citizens informed on what is happening in Prosper • Utilize Chamber of Commerce network • Utilize/create a business network • Utilize/create a developer's network • Utilize/create a builder's network • Utilize/create a contractor's network • Seek out partnerships with current providers of local news and information outlets • Update the Town's Web Page that enables residents to be connected to all of the Town's services with the goal of having all services accessible on the net • Utilize a bill insert system to provide written communications with residents at least on a quarterly basis • Create a Hometown Hero's section on the web page • Implement Web Streaming of Council Meetings • Create an e-connect messaging system for the Town • City Secretary to place all records being accessible on the net ❖ Help create a downtown development association ❖ Connect the HOA's — second contact for welcoming committee, first contact is Town at time of hook-up, primary contact through builder at time of building permit ❖ Utilize Survey Monkey on the web creating a constant feedback on a variety of issues. ❖ Constantly "ask" citizens about services and issues through talking, surveys, meetings • Continue quarterly meetings with PISD • Conduct Prosper World CaWs • Conduct Town Hall Meetings • Participate in HOA meetings • Create a Developers Council • Create a HOA Council ❖ Create a Town Partners Council demonstrating opportunities to serve by first providing "in service to others training" philanthropy training for the Town ❖ Stay personal ❖ Create a Town CIP Committee ❖ Enlist the support of a Communications Committee ❖ Enlist the support of a Technology Committee ❖ Let people know the Town Cares through word and deed • Demonstrate that we will do what we say we will do. GOAL #2 MAKE PROSPER A JEWEL ❖ The Town of Prosper will be the Town of Choice • Pursuit of premier development partners and development • Citizen Goodwill and excellent customer service ❖ The Town of Prosper will be the Town with Purpose • Strategic Focus • Continuous Improvement ➢ Leadership ➢ Technical ➢ Teamwork ➢ Communication ❖ The Town of Prosper will be the Town of Value added Services • A culture of performance and excellence ➢ Align with Purpose, Best in the World, Values and Strategy ➢ Concierge approach to service and solutions ➢ Linkage between people, processes and results ➢ Constantly and consistently receiving input and feedback • Create long term sustainability GOAL #3 ENHANCE PUBLI SAFETY ❖ Explore Joint Dispatch options •'• Code Enforcement • • Educate HOA's • Use technology to notify and inform • Include other Prosper Departments in notification identification and notification of code enforcement issues ❖ Support CERT ❖ Expand the Business Crime Watch program ❖ Consider joint fire and ambulance coverage with surrounding communities ❖ Improve ISO rating ❖ Emphasize Training ❖ Ensure complete coverage of Town ❖ Neighborhood/Business E-Watch ❖ Neighborhoods know crime statistics for their area ❖ Continue to search out technology solutions ❖ Implement NIMS ❖ Conduct Emergency Management training ❖ Implement a Code Red or similar type of citizen notification system GOAL #4 SECURE THE TOWN'S FINANCIAL FUTURE ❖ Stewardship ❖ Performance Excellence system ❖ Best Practices ❖ Goal setting ❖ Right People doing the right things ❖ Financial Benchmarks • Budget -- In time reporting • Budget Policies • Purchasing Policies • Personnel Policies ➢ Personnel Evaluations ➢ Market Salaries ➢ Market Benefits ➢ Career development ➢ Safety and wellness programs ➢ Training for professionalism for Town team members ➢ Promote employee tenure through succession planning • Debt management system • Online services — internal and external • Maintain and improve Bond Rating • Invest in assets and infrastructure ➢ Sustainability ➢ Preventive Maintenance • Return on Investment Policy • Commit to Volunteer support of Departments • Scenario Planning • Update all fees, include impact • Promote balanced Economic Development • Capture the Market (entrepreneur) IX Cd CL 4 ofd N -� Lt 0 C-4 L C O >�N Z�L s 3G~° p O ,J Yl r � N 7 N N V ��( V 7 Li b0 20.2 2 w b N N N L b N V N a � C L O d N EI 3 � G C W C � Op Y N N > b O V � � a o w V a A c C c c it N Gw b .� c b cO 'Dm op� L � T " V N � w b C c a o ° >o�� V w L L —0 s L 0"pV L O N C o A ♦ > N N E � w L � a " O p G C L N d O " H C N C N l C � L PO j C 3 N b � ♦+ c L N O O �w (((OJJJ A O E8> 3 c V "o-8e C 0 L N tl g nv •V A y N V L Q a c - o c o �� H C W r s Ln � � o r 1 1 1 1 1 1 y asoc�� �Nl� i� X d Iz Au tj �TJe�N Ev , G r � z4: i add '� t- i o1- 1 � N a 1 � o d w x�od��a �d � y UJ�o'Zapt U00 Oap�: L • n . m SE = L13 V or10, ir - o �v` cLQ Z y O � V O W y L L � 7 —O O N w V O b N 7 'V 1 � O_ N L V N .3 -0 � V C 00 � N N C � n pL0 � j LL Y � = � .L+ E E w r L C V VV� N O N _ b o n L c �03"o'o'Sb N C � a von ao v.�N naE " Z c S y g 9 w o 0 m` ��pp 00�n9Y � � a E o � :a 3 6 w Q o L S E Y c 3 � o � `oV � b eo a 7� L C N 0— L L V W �+ O �M O v� � p Y o�Zo}"sE .av d � o 0 3 L n �_ N W y AL 7 >�� y y w d •� o� E c C � V _ N Q C L d C 0 A �N pp�� - 1s o ; N 24 L y A A 0� 0 g d " eod c E c p $ p 0 •V d _y V .- x 3 r Q c o � a b 0 {{,.. 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C L 4)-5 V O C 7 p N H N O C E O CO 02. 0 p 'N C u C � p p 0 > -.0 O p " C V w p C O O� b .Np N o waw.Lu E L � Y >> N C C u w o—aE w �v L° c y p p b craui.�'.�'� c fli w F A O up C d 0 � � w > � &#� ]fƒ !7A — 0 37) - )au §-= E \§$ )2) E ( Sƒ9 r2 g )� o )%| ��! / _ .j \ k 2 \ u em u $ //\ k\\ 0 � ■§; 0 \k{ {§k J / 2 .2 _ E 9E ci n �Lpt! ��uc !°§ § ee� ` �d� e� k{@ ` J «;)$ w = u !-be»5 o £g u\�k ±7 R. §%f k)}ƒ 2■ bro � //%g =r Ee $�J \|]� /) \[ o \)( }c % �)f§ §) %a| kw E� ©ƒƒ 2■!J E ok)ƒ �§ §. \�\ 0 f� )! j}$� § \{ Ew �8\} re7 7777 2$ k)\ =o ))] $!%; |� %{|■oc c� � u� o�?2 � )kf 2@ ( 0 k\ . 0 §2/ )w\% k) ��t� }{ §}\ | ■7 ƒy¥e �� )�� 2 �k ),� §-22 |- �)dI ' o e� }\\§ /\k� }{ p TOWN SPER. To: Mayor and Town Council From: Ronnie Tucker, Fire Chief Cc: Mike Land Re: Town Council Meeting — December 11, 2007 Date: December 4, 2007 Agenda Item: Consider and act upon Interlocal Cooperation Agreement for Ambulance and Fire Protection Service in Denton County. Description of Agenda Item: Agreement for the Town of Prosper Fire Department to provide Fire and EMS service to the Areas of Denton County located within Prospers ETJ. Budget Impact: The County will pay Prosper a fee of $4,885.31 plus $305.09 per ambulance transports. The Town will then bill the patients. See VI Compensation on page 3 of 7. of Ambulance Service Contract. The County will pay Prosper a fee of $10,000.00 plus $390.00 per fire call. It is estimated that we will answer 21 calls for service within this area which will generate another $8,190.00. Legal Obligations and Review: Contract approved by Legal Attached Documents: Interlocal Agreements for Fire and Ambulance service. Board. Committee and/or Staff Recommendation: Town staff recommends that the Town Council approve the Interlocal Agreements. Agenda Item No. 7 — Page 1 of 1 THE COUNTY OF DENTON § § TOWN OF PROSPER § FIRE DEPARTMENT STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT is made and entered into this day of 2007, by and between Denton County a political subdivision of the State of Texas, hereinafter referred to as "COUNTY," and the Town of Prosper, a municipal corporation, located in Denton County, Texas, hereinafter referred to as "AGENCY". WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, AGENCY is a municipal corporation, duly organized and operating under the laws of the State of Texas and is engaged in the provision of ambulance and other related services for the benefit of the citizens of the Town of Prosper; and WHEREAS, AGENCY is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirmed, or injured and has in its employ trained personnel whose duties are related to the treatment of said individuals and the use of such vehicles and equipment; and WHEREAS, COUNTY desires to obtain emergency ambulance and related services for the benefit of residents of COUNTY living in unincorporated areas of COUNTY which AGENCY is capable of providing; and WHEREAS, the provision of emergency ambulance and related services is a governmental function that serves the public health and welfare and is of mutual concern to both COUNTY and AGENCY; and WHEREAS, COUNTY desires to expend County funds to defray the expense of establishing, operating, and maintaining the emergency ambulance service in the County; and WHEREAS, COUNTY and AGENCY mutually desire to be subject to and contract pursuant to the provisions of Government Code, Chapter 791, the Interlocal Cooperation Act, and Section 774.003, Health and Safety Code, 2006-2007 INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICES oName_of Town» Page I of 7 NOW THEREFORE, COUNTY and AGENCY, in consideration of the mutual promises, covenants, and Agreements stated herein, agree as follows: I. TERM The term of this Agreement shall be for the period of October 1, 2007 to and through September 30, 2008. II. As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of a person or persons. Whether an emergency, in fact, exists is solely up to the discretion of the AGENCY. For dispatch purposes only, "emergency" shall include, but not be limited to: The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of AGENCY to a place where emergency medical treatment may be obtained; or 2. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of AGENCY to the closest medical facility; B. "Rural area" means any area within the boundaries of COUNTY but outside the corporate limits of all incorporated cities, towns and villages within COUNTY. C. "Urban area" means any area within the corporate limits of an incorporated city, town or village within COUNTY. D. "Emergency ambulance call" means a response to a request for ambulance service by the personnel of AGENCY in a situation involving an emergency, as defined above, by an ambulance vehicle. A single response to a call may involve the transportation of more than one person at a time but shall be considered as only one call. III. SERVICES The services to be rendered under this Agreement are the ambulance services normally rendered by AGENCY to citizens of Town of Prosper in circumstances of emergency but which services will now be extended to all citizens of COUNTY residing in the unincorporated areas of 2006-2007 INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICES «Name_of Town» Page 2 of 7 COUNTY within the operating territory or jurisdiction of AGENCY as agreed to by AGENCY and COUNTY in this Agreement and as set forth in Exhibit A, attached hereto and incorporated by reference. It is recognized that the officers and employees of AGENCY have the duty and responsibility of rendering ambulance services to citizens of AGENCY and COUNTY. In the performance of these duties and responsibilities, it shall be within the sole responsibility and discretion of the officers and employees of AGENCY to determine priorities in the dispatching and use of such equipment and personnel and the judgment of the officer or employee shall be final. IV. PERFORMANCE OF SERVICES AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of AGENCY under this and shall provide immediate and direct supervision of the AGENCY employees, agents, contractors, sub -contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of AGENCY and COUNTY. V. LIAISON OFFICER COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve as "Liaison Officer" between COUNTY and AGENCY. The County Judge or her designated substitute shall devote sufficient time and attention to insure the performance of all duties and obligations of COUNTY under this Agreement and shall provide for the immediate and direct supervision of employees, agents, contractors, sub -contractors and/or laborers of COUNTY engaged in the performance of this Agreement. VI. COMPENSATION COUNTY agrees to pay to AGENCY an estimated fee of $4,885.31 based on a funding formula as follows: 1. A fixed sum based on a population percentage .6185 per capita; said sum computes to $989.63. 2. A fixed sum of $305.0900 per ambulance transport. There is not an estimated maximum amount. There were no ambulance transports made by AGENCY on behalf of COUNTY during the 2007 fiscal year. 2006-2007 INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICES «Name_of Town» Page 3 of 7 3. A fixed sum based on 6.72 rural miles in the agreed operating territory; said sum computes to $3,895.68. The first and third sums are based upon population and mileage figures obtained from the North Central Texas Council of Governments. The second sum is based upon the definition of an ambulance call for purposes of this Agreement. Payment shall not be allowed for any instance in which a patient is not transported. Consistent with the reporting procedures described below, AGENCY shall receive payment for transporting the patient regardless of the service delivery area in which the call originated. Requests for payment shall be submitted on the standardized ambulance transportation reporting form approved and provided by COUNTY. It shall be the responsibility of AGENCY to fully complete the forms and to provide complete and accurate patient information. Requests for payment shall be submitted within five (5) days of the performance of service by AGENCY. Requests not timely submitted shall not be considered for payment. Requests for payment may be submitted by personal delivery, U.S. mail, facsimile, or computer telephone link to the office of the Denton County Fire Marshal. The date of submission shall be the date the fully documented request is received in said office. VII. TERMINATION This Agreement may be terminated at any time by either AGENCY or COUNTY giving sixty (60) days advance notice in writing to the other party. In the event of termination by either party, AGENCY shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses authorized by this Agreement then due and owed. Should AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated for reimbursable expenses, COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. VIII. FINANCIAL RECORDS AGENCY agrees to make its financial records available for audit and/or review by COUNTY upon request by COUNTY. 2006-2007 INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICES «Name_of Town» Page 4 of 7 IX. RESPONSIBILITY OF COUNTY COUNTY, to the extent allowed by law, shall be responsible for the acts and negligence of all officers, employees and agents of COUNTY engaged in the performance of this Agreement. X. RESPONSIBILITY OF AGENCY AGENCY, to the extent allowed by law, shall be responsible for the acts and negligence of all officers, employees and agents of AGENCY engaged in the performance of this Agreement. XI. DEFAULT In the event of any default in any of the covenants herein contained, this Agreement may be terminated at the discretion of the non -defaulting party if such default continues for a period of ten (10) days after notice in writing to the defaulting party of such default and the intention to declare this Agreement terminated. Unless the default is cured, this Agreement shall terminate. XII. GOVERNMENTAL IMMUNITY The fact that COUNTY and AGENCY accept certain responsibilities relating to the rendering of ambulance services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and is hereby, invoked to the extent possible under the law. Neither AGENCY nor COUNTY waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. XIV. ENTIRE AGREEMENT This Agreement represents the entire and integrated Agreement between AGENCY and COUNTY and supersedes all prior negotiations, representations and/or Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. 2006-2007 INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICES «Name_of Town» Page 5 of 7 XV. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue of any dispute or matter arising under this Agreement shall lie in Denton County. XVI. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent AGENCY and COUNTY that the remaining portions shall remain valid and in full force and effect to the extent possible. XVII. AUTHORITY The undersigned officer and/or agents of are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of AGENCY and COUNTY. EXECUTED in triplicate originals, this the COUNTY: Denton County, Texas 110 W. Hickory St. Denton, Texas 76201 Mary Horn Denton County Judge Acting on behalf of and by the authority of Denton County Commissioners Court of Denton County, Texas. ATTEST: f0-ya Denton County Clerk APPROVED AS TO CONTENT: Denton County Fire Marshal day of 2007. AGENCY: Town of Prosper 1500 E. First St. Prosper, Texas 75078 By Name Acting on behalf of and by the authority of the Town of Prosper ATTEST: Town Secretary APPROVED AS TO CONTENT: Chief, Prosper Fire Department 2006-20071NTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICES aName_of Town» Page 6 of 7 APPROVED AS TO FORM: Assistant District Attorney APPROVED AS TO FORM: Town Attorney AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $ accomplish and pay the obligation of Denton County under this contract. James Wells, Denton County Auditor to 2006-2007 INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICES aName_of Town» Page 7 of 7 THE COUNTY OF DENTON § § TOWN OF PROSPER § FIRE DEPARTMENT STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT is made and entered into this day of , 2007, by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY" and the Town of Prosper, a municipal corporation, located in Denton County, Texas, hereinafter referred to as "AGENCY." WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, AGENCY is a municipal corporation, duly organized and operating under the laws of the State of Texas and is engaged in the provision of fire protection services and related services for the benefit of the citizens of the Town of Prosper; and WHEREAS, AGENCY is the owner and operator of certain fire protection vehicles and other equipment designed for the extinguishing of fire and prevention of damage to property and injury to persons from fire and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, COUNTY and AGENCY mutually desire to be subject to and contract pursuant to the provisions of Government Code, Chapter 791, the Interlocal Cooperation Act, and Chapter 352 of the Local Government Code, NOW, THEREFORE, COUNTY and AGENCY, for the mutual promises, covenants, Agreements and consideration stated herein, agree as follows: I. TERM The term of this Agreement shall be for the period of October 1, 2007 to and through September 30, 2008. II. SERVICES The services to be rendered in accordance with this Agreement by AGENCY are the fire protection services normally rendered by AGENCY to citizens of Prosper but which services will now be extended to all citizens of COUNTY residing in the unincorporated areas of 2007 - 2008 Interlocal Cooperation Agreement Fire Protection Services/Prosper - Page I of 6 COUNTY within the operating territory or jurisdiction of AGENCY as agreed to by AGENCY and COUNTY in this Agreement and as set forth in Exhibit A. These services are rendered in consideration of the basic funding and the separate per call fee set forth in this Agreement; for the common good and benefit; and to serve the public convenience and necessity of the citizens of COUNTY who are not otherwise protected with respect to fire prevention, extinguishment, safety, and rescue services. The services to be rendered are as follows: A. AGENCY shall make available and provide emergency fire prevention, extinguishment, safety and rescue services within the agreed or specified territory or jurisdiction of the AGENCY; B. AGENCY shall respond to requests for fire protection services made within the portion of the COUNTY designated as "Prosper" as set out in Exhibit "A" attached hereto and incorporated by reference. C. COUNTY agrees that, in the event a fire in the AGENCY's unincorporated designated area which AGENCY considers to be of incendiary nature and upon request by AGENCY, the County Fire Marshal will dispatch investigation personnel to the fire scene within a response time sufficient to legally maintain and protect all evidence of said fire and will conduct all appropriate investigation and assist in the prosecution of any case of arson. AGENCY shall not be responsible for investigations of suspected incendiary fires in the unincorporated areas, but shall cooperate with the County Fire Marshal in immediately relating all pertinent information possible to the investigator(s). D. COUNTY agrees that the County Fire Marshal may assist in the conduct of appropriate investigations of a fire which AGENCY considers to be of incendiary nature in the AGENCY's incorporated designated area upon request by AGENCY. E. AGENCY shall submit monthly statements on the Texas Fire Incident Reporting System's standardized forms to the Denton County Fire Marshal, 9060 Teasley Lane, Denton, Texas 76210-4010. This form will serve as the billing statement to COUNTY for reimbursement of calls made in the unincorporated designated area. The Denton County Fire Marshal shall provide the forms upon request from AGENCY. F. AGENCY, in the performance of its duties and responsibilities under this Agreement, shall have the responsibility, within the sole discretion of the officers and employees of AGENCY except as otherwise determined by the Denton County Fire Marshal, to determine priorities in the dispatching and use of AGENCY equipment and personnel, and the judgment of any such officer or employee as to any such matter shall be the final determination. 2007 2008 Interlocal Cooperation Agreement Fire Protection Services/Prosper - Page 2 of 6 III. MASON OFFICER COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve as "Liaison Officer" between COUNTY and AGENCY. The County Judge or her designated substitute shall devote sufficient time and attention to this Agreement to insure the performance of all duties and obligations of COUNTY and provide supervision of COUNTY's employees, agents, contractors, sub -contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of COUNTY and AGENCY. IV. PERFORMANCE OF SERVICE AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of AGENCY under this Agreement and shall provide immediate and direct supervision of the AGENCY employees, agents, contractors, sub -contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of AGENCY and COUNTY. V. COMPENSATION COUNTY agrees to pay to AGENCY for the full performance of services as provided in this Agreement the sum of TEN THOUSAND AND NO/100THS DOLLARS ($10,000.00), payable upon execution of this Agreement, and the further sum of THREE HUNDRED NINETY AND NO DOLLARS ($390.00) per fire call in the designated unincorporated areas of COUNTY from October 1, 2007 to September 30, 2008. COUNTY anticipates AGENCY to run approximately 21 fire calls for a total funding of $8,190.00 for fire calls. The total of all payments by COUNTY to AGENCY pursuant to this Agreement is estimated to be $18,190.00. COUNTY will make no payment to AGENCY for service provided outside the agreed service district whether by mutual aid Agreement or otherwise. AGENCY understands and agrees that payment by the COUNTY to AGENCY shall be made in accordance with the normal and customary processes and business procedures of COUNTY and in conformance with applicable state law. VI. FINANCIAL RECORDS AGENCY agrees to make available its financial records for audit and/or review as may requested or required by COUNTY. 2007 - 2008 Interlocal Cooperation Agreement - Fire Protection Services/Prosper - Page 3 of 6 VII. RESPONSIBILITY OF COUNTY COUNTY, to the extent allowed by law, shall be responsible for the acts, negligence, and/or omissions of all officers, employees, and agents of COUNTY while engaged in the performance of this Agreement. VIII. RESPONSIBILITY OF AGENCY AGENCY, to the extent allowed by law, shall be responsible for the acts, negligence, and/or omissions of all officers, employees, and agents of AGENCY while engaging in the performance of this Agreement. IX. APPLICABLE LAW COUNTY and AGENCY understand and agree that liability under this contract is governed by V.T.C.A. Government Code Chapter 791 and V.T.C.A. Local Government Code Chapter 352. This Agreement is made in contemplation of the applicability of these laws to the Agreement. Insofar as legally possible COUNTY and AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. X. DEFAULT In the event of any default in any of the covenants herein contained, this Agreement may be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) days after notice to the other party in writing of such default and intention to declare this Agreement terminated. Unless the default is cured as aforesaid, this Agreement shall terminate as if that were the day originally fixed herein for the expiration of the Agreement. XI. TERMINATION This Agreement may be terminated any time, by either party giving sixty (60) days advance written notice to the other party. In the event of such termination by either party, AGENCY shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this Agreement. In the event of such termination, should AGENCY be overcompensated on a pro rata basis for all services performed to termination date, and/or be overcompensated reimbursable expenses as authorized by this Agreement, COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance 2007 -- 2008 Interlocal Cooperation Agreement Fire Protection Services/Prosper - Page 4 of 6 of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XII. GOVERNMENTAL IMMUNITY The fact that COUNTY and AGENCY accept certain responsibilities relating to the rendition of fire protection services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be and it is hereby invoked to the extent possible under the law. Neither AGENCY nor COUNTY waives nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of government powers and functions. XIII. ENTIRE AGREEMENT This Agreement represents the entire and integrated Agreement between AGENCY and COUNTY and supersedes all prior negotiations, representations and/or Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both AGENCY and COUNTY. XIV. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue of any dispute or matter arising under this Agreement shall lie in Denton County. XV. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XVI. AUTHORITY The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties 2007 •- 2008 Interlocal Cooperation Agreement - Fire Protection Services/Prosper - Page 5 of 6 hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. XVII. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit "A." EXECUTED in triplicate originals, this the COUNTY Denton County, Texas 110 W. Hickory St. Denton, Texas 76201 IM Mary Horn Denton County Judge Acting on behalf of and by the authority of Denton County Commissioners Court of Denton County, Texas. ATTEST: BY: Denton County Clerk APPROVED AS TO CONTENT: Denton County Fire Marshal day of AGENCY Town of Prosper 1500 E. First St. Prosper, Texas 75078 By _ Name Acting on behalf of and by the authority of the Town of Prosper ATTEST: Town Secretary APPROVED AS TO CONTENT: Chief, Prosper Fire Department APPROVED AS TO FORM: Assistant District Attorney Town Attorney AUDITOR'S CERTIFICATE ►KIIIYA I hereby certify that funds are available in the amount of $ to accomplish and pay the obligation of Denton County under this contract. James Wells, Denton County Auditor 2007 2008 Interlocai Cooperation Agreement Fire Protection Services/Prosper - Page 6 of 6 ENGINEERING p TOWN SPER To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer CC: Mike Land, Town Manager Re: Town Council Meeting — December 11, 2007 Date: December 7, 2007 Anenda Item: Discuss and update the Town Council on the Trails of Prosper Channel Improvements Project. Description of Aaenda Item: On June 6, 2006, Town of Prosper officials met with a group of homeowners to discuss a number of concerns related to the drainage channel that extends through the Trails of Prosper subdivision. The issues included standing water near Prosper Trail and between lots 20 and 21 in Phase 1 as well as the erosion problems that the homeowners were experiencing in various locations along the concrete channel. Since the channel and banks are physical located on the lots inside a drainage easement, the property owner retains ownership of the property and general maintenance responsibility for the easement. However, in an effort to remedy the major concerns, Town staff had proposed to construct some improvements to alleviate the concerns such as extending a concrete flume at the locations where there is standing water and install erosion protection measures along the channel. Due to limited staff availability and the multiple months of wet weather this year, the proposed improvements have not yet begun. Based on the extent of the work required, the need to also extend the existing box culverts at Prosper Trail to facilitate the future widening of Prosper Trail from Preston Road to the Tollway, and direction from Council, staff negotiated a design contract with Dowdey, Anderson and Associates, Inc., to address these issues. On August 14, 2007, Town Council awarded the design contract to include the following tasks: • Topography to tie down existing conditions within Prosper Trail right-of-way, 100' both upstream and downstream of Prosper Trail, and through the 80' drainage easement within the Trails of Prosper subdivision. • Hydrology Study to determine ultimate conditions of flow through culvert and drainage channel on north and south side of Prosper Trail. • Provide options to armor drainage channel along with opinion of probable costs for each option. • Construction Documents to extend box culvert to full extent of right-of-way, in addition to providing necessary erosion control devices and grading to conform to surroundings. Agenda Item No. 8 - Page 1 of 2 • Construction Documents to construct concrete lined (or alternate) channel in south drainage easement. • Prepare and coordinate obtaining offsite easement documents. • Aid in pre -construction services to bid the project. At the August 14, 2007, Town Council Meeting, the Town Council directed staff to provide an update once the survey, hydrology study and cost options associated with the armoring of the drainage channel were complete. Attached to this agenda item are the proposed construction site plans and opinion of probable costs for staff to discuss with Council. At this point, staff is ready to bid the project in January 2008 in anticipation to award a construction contract in February 2008. Budget Impact: The estimated financial impact is contingent upon the option selected below: Option 1: Natural Option = $ 343,550 Option 2: Concrete Lined Option = $1,703,550 There is currently $500,000 funded from the 2006 CO Bonds of which $19,990 has been approved for engineering design and $5,000 for a Storm Water Pollution Prevention Plan. That leaves a balance of nearly $475,000 for construction. Legal Obligations and Review: N/A Attached Documents: The following documentation is being provided for review: • Construction Site Plans (2 pages) • Opinion of Probable Costs (2 pages) Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council discuss and direct staff to proceed with bidding Option 1 for the Trails of Prosper Channel Improvements Project. Agenda Item No. 8 - Page 2 of 2 ;ISPER OWN OF ADMINISTRATION To: Mayor and Town Council From: Mike Land, Town Manager CC: Re: Town Council Meeting — December 11, 2007 Date: December 7, 2007 Agenda Item: Consider and act upon an ordinance regarding taxation of tangible personal property in transit and providing for the ad valorem taxation of tangible personal property in transit or "Super Freeport" goods. Description of Agenda Item: TML'S EXPLANATION - "Super Freeport" is a property tax exemption for goods that reside temporarily in warehouses within a city while awaiting shipment to other locations within or outside of Texas (as contrasted with the current -law freeport exemption, which covers only goods shipped outside of Texas). This exemption was approved by Texas voters in 2001 as an amendment to the Texas Constitution, but only this year did the Texas Legislature enact enabling legislation. The super freeport exemption is best described as a local option property tax exemption of the "opt - out" variety. The exemption automatically applies to a city unless the city does each of the following two things no later than December 31, 2007. (1) holds a hearing at which members of the public are allowed to speak for or against the taxation of super freeport goods; and (2) adopts an ordinance stating it wishes to continue taxing super freeport goods for tax year 2008. The hearing must take place prior to the adoption of such an ordinance. A city that misses the December 31, 2007, deadline may choose to opt out of the exemption in future tax years. The exemption applies only to goods that are owned by someone other than the owner of the warehouse where the goods are temporarily stored. Some appraisers in Texas are predicting a large fiscal impact for this exemption based on the theory that retailers who currently own their own warehouses may be tempted by the language of the exemption to sell their warehouses to third -party "shell" corporations. Once ownership is thus separated, the theory goes, the retailer could claim the exemption at warehouses that essentially remain under the control of the retailer, which is not in Agenda Item No. 9 - Page 1 of 4 keeping with the economic development spirit of the bill. To further complicate matters, the bill that passed this year is arguably broader than the constitutional amendment adopted by voters in 2001: the amendment prohibits the exemption where the warehouses are owned or controlled by the owner of the goods, while the 2007 bill omits the language relating to control. As a result of this confusion, the Senate sponsor of the 2007 legislation has asked for an attorney general's opinion regarding the scope of the bill in relation to ownership and control. It is possible that the opinion could be released in time for taxing entities to consider it prior to the December 31, 2007, deadline to act. TML will send out an alert if and when any clarifying opinion is released. TML takes no position on whether a city should or should not opt out of the super freeport tax exemption. Just like the freeport exemption of the past, super freeport will be viewed by some cities as a useful economic development tool, while others will view it as an annoying loss of revenue. The following is a summary provided by Fulbright and Jaworski: November 8, 2007 "Goods in Transit" Exemption Takes Effect for Texas Taxing Authorities January 1, 2008 For Texas counties, cities, school districts, water districts, and other taxing units, the legislatively imposed ad valorem tax exemption for goods in transit goes into effect January 1, 2008. The purpose of this briefing is to remind local government taxing units that for the 2008 tax year, taxing units that wish to continue the ad valorem tax on goods in transit must take official action to impose the tax by December 31, 2007. Goods in Transit "Goods in transit" exempted from ad valorem tax are tangible personal property acquired inside or outside the state which are stored for assembly, storage, manufacture, processing or fabrication. The location where the goods are stored may not be owned by the goods' owner. The goods must be transferred to another location inside or outside the state within 175 days after delivery to the initial storage location. "Goods in transit" excludes aircraft, oil, natural gas, petroleum products (defined as immediate derivatives of oil and natural gas), dealers' motor vehicle inventories, dealers' vessel and outboard motor inventories, dealers' heavy equipment inventories or retail manufactured housing inventories. The Potential Impact on Tax Revenues The exemption imposed by the legislature encourages owners of goods to transfer ownership of existing storage facilities to other legal entities or to store goods with third parties. The law clearly benefits companies that store goods for assembly and shipping at third -party facilities. The result over time is likely to be more tangible personal property qualifying for the exemption and a subsequent reduction in tax revenues, at least for those taxing units with substantial commercial property. There are good reasons for exempting goods in transit from ad valorem taxation, including encouragement of economic development. A taxing unit that subsequently determines that the exemption from the tax on goods in transit is desirable may repeal or rescind its tax and reimpose the exemption. A taxing unit that does not impose the tax in 2008 may impose the tax in subsequent tax years. Agenda Item No. 9 - Page 2 of 4 Actions Taxing Authorities Can Take To repeal the exemption for 2008, the taxing unit must first hold a public hearing considering the imposition of the tax. Following the hearing, the governing body of a taxing unit may provide for the taxation of goods in transit in the manner required for its official action. If action to impose the tax is taken, the taxing unit must notify the appraisal districts which appraise property within the taxing unit's jurisdiction. We recommend sending a copy of the official action, the resolution, order or ordinance, to each affected appraisal district. The key message for those wishing to continue taxing goods in transit in 2008 is to act quickly. To read the entire briefing, please click here to view it online and download a printable version. This article was prepared by Neil Thomas (nthomas(Mfulbriaht.com or 713 651 3613), from Fulbright's Public Finance Practice Group. If you have additional questions, please contact any o the Texas -based Fulbright Public Finance partners listed on the printable version of this article. Notice: We are providing the Fulbright Briefing as a commentary on current legal issues, and it shoulc not be considered legal advice, which depends on the facts of each situation. Receipt of the Fulbright Briefing does not establish an attorney -client relationship. The listed attorneys and/or other attorneys may provide services in connection with a particular matter. To date we have not received the Attorney General's opinion as identified in the TML summary. Budget Impact: Since this is a new law it is difficult to predict what the budget impact would be. Given this uncertainty and the fact that we have the opportunity to consider the tax exemption at a later date it seems we would have the opportunity to see the law's impact is on Cities revenues who chose to "opt out" before we go down this path. Legal Obligations and Review: The ordinance was provided to the Town by Tracy Pounders, the Town's delinquent tax attorney. Agenda Item No. 9 - Page 3 of 4 Attached Documents: 1. An ordinance that has the effect of "opting out' the Town from the super feeport tax exemption meaning the Town will continue to collect taxes on Super Freeport goods. 2. Letter dated September 21, 2007 from Tracy Pounders (Delinquent Tax Attorney for the Town) regarding HB 621/Exemption of goods in Transit. 3. A copy of HB 621/Exemption of goods in transit. Town Staff Recommendation: Town staff recommends that the Town Council approve the ordinance to continue to tax Super Freeport goods and "opt out' of this exemption. Agenda Item No. 9 - Page 4 of 4 TOWN OF PROSPER, TEXAS ORDINANCE NO.07- TOWN OF PROSPER, TEXAS ORDINANCE RELATING TO APPROVAL OF TAXATION OF GOODS -IN -TRANSIT THAT ARE OTHERWISE EXEMPTED FROM TAXATION BY PROPERTY TAX CODE SECTION 11.253 WHEREAS, the Texas Legislature during the 80th Regular Session passed House Bill 621 which added Section 11.253 to the Texas Property Tax Code that grants an exemption from property taxation for certain goods -in -transit personal property; WHEREAS, Section 11.253 of the Texas Property Tax Code provides for a local option under which a taxing unit may tax such property otherwise exempt, if the governing body of such taxing unit after a public hearing takes official action to tax such personal property; WHEREAS, on December 11, 2007 the governing body of the Town of Prosper held a public hearing at which members of the public were permitted to speak for or against the taxation of certain goods -in -transit personal property; WHEREAS, the governing body of the Town of Prosper has determined that such personal property, as exempted by Texas Property Tax Code Section 11.253, should be subject to taxation by the Town of Prosper for tax year 2008 and all subsequent years; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: all of the above recitals are incorporated and made a part of this Ordinance and, SECTION 2: all such goods -in -transit personal property as covered by Texas Property Tax Code Section 11.253 shall be, and are hereby declared to be, taxable by the Town of Prosper for tax year 2008 and for every year thereafter, all as provided for and in accordance with Texas Property Tax Code Section 11.253. SECTION 4: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS I Ith DAY OF DECEMBER, 2007. Charles Niswanger, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, TRMC Town Secretary DATE OF PUBLICATION. Dallas Morning News - Collin County Edition LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ATTORNEYS AT LAW UNIVISION CENTER 2323 BRYAN STREET, SUITE 1600 DALLAS, TEXAS 75201-2644 (214)880-0089 (800)441-0960 FAX (214) 754-7167 September 21, 2007 Mr. Mike Land Town Manager P.O. Box 307 Prosper, Texas 75078 RE: House Bill 621 / Exemption of goods in transit Dear Mr. Land: In November 2001, Texas voters approved Proposition 10 (SJR by Duncan, et al.), amending the Constitution to allow the Legislature to exempt from taxation goods -in -transit that are stored temporarily en route to another location in Texas or outside the state (Art. 8, sec. 1-n). Exempt property would include the same types of goods and products eligible for the freeport exemption. The 77th Legislature, however, did not enact enabling legislation to accompany the constitutional amendment, nor did subsequent legislatures do so until the 80th Legislature acted by passing House Bill 621. Under Art. 8, sec. 1-n, property eligible for the exemption must be acquired in or brought into Texas and stored at a location not owned or controlled by the property owner for not more than 270 days after acquisition or importation. Unlike "freeport goods," goods in transit need not be shipped out of state to qualify for the exemption. Governing bodies of taxing entities may choose to tax goods in transit but must hold a public hearing before acting to do so. Owners of property eligible for the freeport exemption may apply for the goods -in -transit exemption if the Legislature enacts enabling legislation, subject to the decisions of local taxing entities. However, an owner receiving the goods -in -transit exemption may not claim the freeport exemption for the same property. HB 621 implements the goods -in -transit exemption authorized by Texas Constitution, Art. 8, sec. 1-n. The bill defines "goods -in -transit" as tangible personal property stored in a location whose owner did not have direct or indirect ownership of the property. The property may be held at that location for no more than 175 days before being forwarded to another location in Texas or outside the state. The bill excludes the following from the definition of goods -in -transit: oil; natural gas; petroleum products; aircraft; dealers' inventory of motor vehicles, vessels, and Austin • Baltimore (MD) • Beaumont • Brownsville • Chicago (IL) • Conroe • Corpus Christi • Corsicana • Dallas • Denver (CO) • Dublin (OH) • Edinburg El Paso • Fort Worth • Harrisburg (PA) • Houston • Jacksonville (FL) • Kansas City (MO) • Longview • Los Angeles (CA) • Lufkin • Memphis (TN) • Miami (FL) Odessa • Philadelphia (PA) • Phoenix (AZ) • Richmond (VA) • San Angelo • San Antonio • Texas City • Tyler • Victoria • Waco • Waxahachie Mr. Mike Land Town Manager September 21, 2007 Page 2 of 2 outboard motors; heavy equipment; and retail manufactured housing. The governing body of a local taxing entity may elect to tax goods -in -transit, but only after holding a public hearing. The decision must be made before January 1 of the first tax year in which the entity proposed to tax these goods. So, if your taxing unit chooses to tax goods -in - transit for the tax year 2008 and subsequent years, the governing body must act prior to January 1, 2008. If your taxing unit elects to tax goods -in -transit, those goods will remain taxable until the governing body takes action to rescind or repeal its previous action and grant the exemption. If your governing body favors the exemption, then your taxing unit need not take any action. In the event that your governing body wishes to take the affirmative action necessary in taxing the property, we are enclosing herewith a form of Resolution or Order which needs to be passed and approved by the governing body prior to January 1, 2008. Note, however, that before acting to tax the property, the governing body must first hold a public hearing for the purpose of providing your citizens the opportunity of expressing their opinions on the subject. A copy of HB 621 is also enclosed. We hope you find this material helpful, regardless of which policy your taxing unit chooses to follow. Please feel free to call on us if we can be of further assistance. Very truly yours, LINEBARGER GOGGAN BLAIR & SAMPSON, LLP By: TRACY A. POUNDERS Attorney Enclosures H.B. No. 621 AN ACT relating to the exemption from ad valorem taxation of tangible personal property held temporarily at a location in this state for assembling, storing, manufacturing, processing, or fabricating purposes. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 11, Tax Code, is amended by adding Section 11.253 to read as follows: Sec. 11.253. TANGIBLE PERSONAL PROPERTY IN TRANSIT. (a) In this section: 1) "Dealer's motor vehicle inventory," "dealer's vessel and outboard motor inventory," "dealer's heavy equipment inventorv," and "retail manufactured housinq inventory" have the meanings assigned by Subchapter B, Chapter 23. (2) "Goods -in -transit" means tangible personal property that: (A) is acquired in or imported into this state to be forwarded to another location in this state or outside this state; B) is detained at a location in this state in Page - 1 - H.B. No. 621 which the owner of the property does not have a direct or indirect ownership interest for assembling, storing, manufacturing, processing, or fabricating purposes by the person who acquired or imported the property; (C) is transported to another location in this state or outside this state not later than 175 days after the date the person acquired the property in or imported the property into this state; and (D) does not include oil, natural gas, petroleum roducts, aircraft, dealer's motor vehicle inventorv, dealer's vessel and outboard motor inventory, dealer's heavy equipment inventory, or retail manufactured housing inventory. 3) "Location" means a Dhvsical address. 4) "Petroleum product" means a liauid or aaseous material that is an immediate derivative of the refining of oil or natural gas. (b) A person is entitled to an exemption from taxation of the appraised value of that portion of the person's property that consists of goods -in -transit. (c) The exemption provided by Subsection (b) is subtracted from the market value of the property determined under Section 23.01 or 23.12, as applicable, to determine the taxable value of the property. (d) Except as provided by Subsections (f) and (g), the chief Page -2 - H.B. No. 621 appraiser shall determine the appraised value of qoods-in-transit under this subsection. The chief appraiser shall determine the percentage of the market value of tangible personal property owned by the property owner and used for the production of income in the preceding calendar year that was contributed by goods -in -transit. For the first year in which the exemption applies to a taxing unit, the chief appraiser shall determine that percentage as if the exemption applied in the preceding year. The chief appraiser shall apply that percentage to the market value of the property owner's tangible personal property used for the production of income for the current year to determine the appraised value of goods -in - transit for the current year. (e) In determining the market value of goods -in -transit that in the preceding year were assembled, stored, manufactured, processed, or fabricated in this state, the chief appraiser shall exclude the cost of equipment, machinery, or materials that entered into and became component parts of the goods -in -transit but were not themselves goods -in -transit or that were not transported to another location in this state or outside this state before the expiration of 175 days after the date thev were brought into this state by the property owner or acquired by the property owner in this state. For component parts held in bulk, the chief appraiser may use the average length of time a component part was held by the owner of the component parts during the preceding year at a Page -3 - H.B. No. 621 location in this state that was not owned by or under the control of the owner of the component parts in determining whether the component parts were transported to another location in this state or outside this state before the expiration of 175 days. (f) If the pro erty owner was not engaged in transporting oods-in-transit to another location in this state or outside this state for the entire preceding year, the chief appraiser shall calculate the percentage of the market value described in Subsection (d) for the ortion of the year in which the property owner was engaged in transporting goods -in -transit to another location in this state or outside this state. (g) If the property owner or the chief appraiser demonstrates that the method 2rovided by Subsection (d) significantly understates or overstates the market value of the property qualified for an exemption under Subsection (b) in the current year, the chief appraiser shall determine the market value of the goods -in -transit to be exempt by determining, according to the property owner's records and any other available information, the market value of those goods -in -transit owned by the property owner on January 1 of the current year, excluding the cost of equipment, machinery, or materials that entered into and became component parts of the goods -in -transit but were not themselves goods -in - transit or that were not transported to another location in this state or outside this state before the expiration of 175 days after Page -4 - H.B. No. 621 the date they were brought into this state by the property owner or acquired by the property owner in this state. (h) The chief appraiser by written notice delivered to a property owner who claims an exemption under this section may require the property owner to provide copies of property records so the chief appraiser can determine the amount and value of goods -in - transit and that the location in this state where the goods -in - transit were detained for assembling, storing, manufacturing, processing, or fabricating purposes was not owned by or under the control of the owner of the goods -in -transit. If the property owner fails to deliver the information requested in the notice before the 31st day after the date the notice is delivered to the property owner, the property owner forfeits the right to claim or receive the exemption for that year. (i) Pro erty that meets the requirements of this section constitutes goods -in -transit regardless of whether the person who owns the property on January 1 is the person who transports the property to another location in this state or outside this state. (j) The governing body of a taxing unit, in the manner required for official action by the governinq body, may provide for the taxation of goods -in -transit exempt under Subsection (b) and not exempt under other law. The official action to tax the goods - in -transit must be taken before January 1 of the first tax year in which the governing body proposes to tax goods -in -transit. Before Page -5 - H.B. No. 621 acting to tax the exempt property, the governing body of the taxing unit must conduct a public hearing as required by Section 1-n(d), Article VIII, Texas Constitution. If the governing body of a taxing unit provides for the taxation of the goods -in -transit as provided by this subsection, the exemption prescribed by Subsection (b) does not apply to that unit. The goods -in -transit remain subject to taxation by the taxing unit until the governing body of the taxing unit, in the manner required for official action, rescinds or repeals its previous action to tax goods -in -transit, or otherwise determines that the exemption prescribed by Subsection (b) will apply to that taxing unit. (k) A property owner who receives the exemption from taxation provided by Subsection (b) is not eligible to receive the exemption from taxation provided by Section 11.251 for the same property. SECTION 2. Section 26.012(15), Tax Code, is amended to read as follows: (15) "Lost property levy" means the amount of taxes levied in the preceding year on property value that was taxable in the preceding year but is not taxable in the current year because the property is exempt in the current year under a provision of this code other than Section 11.251 or 11.253, the property has qualified for special appraisal under Chapter 23 (ef t-h39 eerie) in the current year, or the property is located in territory that has ceased to be a part of the unit since the preceding year. Page -6 - H.B. No. 621 SECTION 3. Section 403.302(d), Government Code, is amended to read as follows: (d) For the purposes of this section, "taxable value" means the market value of all taxable property less: (1) the total dollar amount of any residence homestead exemptions lawfully granted under Section 11.13(b) or (c), Tax Code, in the year that is the subject of the study for each school district; (2) one-half of the total dollar amount of any residence homestead exemptions granted under Section 11.13(n), Tax Code, in the year that is the subject of the study for each school district; (3) the total dollar amount of any exemptions granted before May 31, 1993, within a reinvestment zone under agreements authorized by Chapter 312, Tax Code; (4) subject to Subsection (e), the total dollar amount of any captured appraised value of property that: (A) is within a reinvestment zone created on or before May 31, 1999, or is proposed to be included within the boundaries of a reinvestment zone as the boundaries of the zone and the proposed portion of tax increment paid into the tax increment fund by a school district are described in a written notification provided by the municipality or the board of directors of the zone to the governing bodies of the other taxing units in the manner provided by Section 311.003(e), Tax Code, before May 31, 1999, and Page -7 - H.B. No. 621 within the boundaries of the zone as those boundaries existed on September 1, 1999, including subsequent improvements to the property regardless of when made; (B) generates taxes paid into a tax increment fund created under Chapter 311, Tax Code, under a reinvestment zone financing plan approved under Section 311.011(d), Tax Code, on or before September 1, 1999; and (C) is eligible for tax increment financing under Chapter 311, Tax Code; (5) for a school district for which a deduction from taxable value is made under Subdivision (4), an amount equal to the taxable value required to generate revenue when taxed at the school district's current tax rate in an amount that, when added to the taxes of the district paid into a tax increment fund as described by Subdivision (4)(B), is equal to the total amount of taxes the district would have paid into the tax increment fund if the district levied taxes at the rate the district levied in 2005; (6) the total dollar amount of any exemptions granted under Section 11.251 or 11.253, Tax Code; (7) the difference between the comptroller's estimate of the market value and the productivity value of land that qualifies for appraisal on the basis of its productive capacity, except that the productivity value estimated by the comptroller may not exceed the fair market value of the land; Page -8 - H.B. No. 621 (8) the portion of the appraised value of residence homesteads of individuals who receive a tax limitation under Section 11.26, Tax Code, on which school district taxes are not imposed in the year that is the subject of the study, calculated as if the residence homesteads were appraised at the full value required by law; (9) a portion of the market value of property not otherwise fully taxable by the district at market value because of: (A) action required by statute or the constitution of this state that, if the tax rate adopted by the district is applied to it, produces an amount equal to the difference between the tax that the district would have imposed on the property if the property were fully taxable at market value and the tax that the district is actually authorized to impose on the property, if this subsection does not otherwise require that portion to be deducted; or (B) action taken by the district under Subchapter B or C, Chapter 313, Tax Code; (10) the market value of all tangible personal property, other than manufactured homes, owned by a family or individual and not held or used for the production of income; (11) the appraised value of property the collection of delinquent taxes on which is deferred under Section 33.06, Tax Code; Page -9 - H.B. No. 621 (12) the portion of the appraised value of property the collection of delinquent taxes on which is deferred under Section 33.065, Tax Code; and (13) the amount by which the market value of a residence homestead to which Section 23.23, Tax Code, applies exceeds the appraised value of that property as calculated under that section. SECTION 4. This Act applies only to taxes imposed for a tax year beginning on or after the effective date of this Act. SECTION 5. This Act takes effect January 1, 2008. Page -10 - H.B. No. 621 President of the Senate Speaker of the House I certify that H.B. No. 621 was passed by the House on April 4, 2007, by the following vote: Yeas 134, Nays 0, 1 present, not voting; and that the House concurred in Senate amendments to H.B. No. 621 on May 23, 2007, by the following vote: Yeas 145, Nays 0, 2 present, not voting. Chief Clerk of the House I certify that H.B. No. 621 was passed by the Senate, with amendments, on May 18, 2007, by the following vote: Yeas 29, Nays Q APPROVED: Date Governor Page -11 - Secretary of the Senate