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04.22.2008 Town Council Packet
IOWN OF SPER 1. Call to Order / Roll Call. 2. Invocation and Pledge of Allegiance. AGENDA Regular Meeting of the Prosper Town Council Prosper Middle School - Library 605 E. Seventh Street, Prosper, Texas Tuesday, April 22, 2008 at 6:00 p.m. 3. Announcements of dates and times of upcoming community events. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item without comment and may submit written comments as part of the official record.) 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) • April 8, 2008 — Regular Town Council Meeting ORDINANCES, RESOLUTIONS, AND AGREEMENTS b. Consider and act upon an ordinance rezoning 24.3t acres, located on the south side of Frontier Parkway (Bus. 289), 1,300t feet west of Preston Road, from Single Family-15 (SF-15) to Office (0). (Z08-2). (CC) C. Consider and act upon a resolution to support the extension of the Dallas North Tollway from U.S. 380 to FM 428. (HW) FINANCIALS d. Consider and act upon the financial statements ending March 31, 2008. (MG) 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.) 5. Other Comments by the Public. REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related items will be recognized on a case -by -case basis, at the discretion of the Mayor and Town Council.) PUBLIC HEARINGS 6. A public hearing to consider and act upon a request to rezone 0.8t acre (101 East Broadway), located on the northeast corner of Broadway Street and Coleman Street, from Single Family-15 (SF-15) to Downtown Office (DTO). (Z08-5) (CC) Page 1 of 2 7. A public hearing to consider and act upon a request to rezone 127.8f acres, located on the south side of Prosper Trail, 400f feet east of Dallas Parkway, to amend Planned Development-33 (Prestonwood Baptist Church) regarding the landscape requirements. (Z08-4) (WH) DEPARTMENT ITEMS 8. Consider and act upon 1) awarding the contract for Bank Depository Services to Independent Bank and 2) approving a resolution authorizing the Town Manager to execute the same. (MG) 9. Discuss the Town's quarterly investment report for the Quarter ending March 31, 2008. (MG) 10. Consider and act upon 1) an Interlocal Agreement with the Prosper Independent School District, regarding the master plan development of the 57 acre Community Park. (WH) 11. Consider and act upon 1) an award of bid to S.P.S.D., Inc., 2) enter into a contract agreement with S.P. S.D. Inc., regarding the construction services for the Folsom Park Improvements Project and 3) adopt a resolution authorizing the Town Manager to execute the same. (WH) 12. Town Manager's Comments. 13. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 14. Adjourn. 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, April 18, 2008 at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened. A09 Denton, Town Secretary Date Noticed Removed In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Government Code at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the Town Secretary's Office at (972) 346-2640 or by FAX (972) 347-211 I. BRAILLE IS NOT AVAILABLE. Page 2 of 2 I TOWN OF SPER 1. Call to Order / Roll Call. The meeting was called to order at 6:07 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, April 8, 2008 at 6:00 p.m. Council present included: Mayor Charles Niswanger, Mayor Pro - Dave Turley, Kenneth Dugger, Kevin Drown, Mike Wadsworth, and l Staff present included: Mike Land, Town Manager; Matthew Development Services; Chris Copple, Senior Planner; Ronni Secretary. 24 014 2. Invocation and Pledge of Allegiance. The Invocation was give by Past John Fowler, First Presbyterian Mayor Niswanger led the Pledge of Allegiance. 3. Announcements of dates and times of There were no announcements .oRuieomina events. CONSENT AGENDA 4. Consent Agenda MINUTES 1, Deputy Mayor Pro-Tem Finance Director';%,iulon Webb, Director of Fire Chief; and Matthew Denton, Town a. Consider and act uponminutes fromthefollowing Council meetings. (MD) ?QMarch 25, 200$'— Regular Town Council Meeting i •�pril 1, 2008 — Jo- mt Town Council / Planning and Zoning Commission Meeting b. Consider and act upon .whether to direct staff to submit a written notice of appeal on behalf of the Town Council to thi%evelopment Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. (CC) Motioned by Councilmember Smith, seconded by Councilmember Dugger to approved the Consent Agenda, Items 4a and 4b. Motion approved 7-0. Page 1 of 4 CITIZEN'S COMMENTS 5. Other Comments by the Public. There were no comments by the public. REGULAR AGENDA PUBLIC HEARINGS 6. A public hearing to consider and act upon a request to rezone 1.0± acre, - located on the southeast corner of Coleman Street and Seventh Street (104 East Seventh Streeif,%from Single Family-15 (SF-15) to Commercial (C). (Z08-3). (CC) 44 Ilk Chris Copple, Senior Planner, informed the council that the applicant hasIformallyvwithdrawn this application for rezoning.z;�; 7. A public hearing to consider and act upon a req of Frontier Parkway (Bus. 289), 1,300f feet v 15) to Office (0). (Z08-2). (CC) 14 Chris Copple, Senior Planner, gave council background i Motioned by Councilmember Dugger, seconded Motion approved 7-0. Mayor Niswanger opened the public hearing at 6:14 Brad Camp, property owner, ans,&,ered questions for Motioned by CouncilmemVEf'Wadsworth, seconded by Motion approved 7-0. Ja`4 Motioned by Councilmember D acres, located onghefsouth side Office.411 Motion approved 6-1 with�e, 10. Presen Staff requested Tom Diamond, rezone 24.3f acres, I Preston Road, from item. on the south side ttFamily-15 (SF- ber Drown�;to open the public hearing. Smith to close the public hearing. nember Dugger to approve the request to rezone 24.3 feet west of Preston Road, from Single Family-15 to on the Dallas North Tol way Extension Phase 4A from U.S. 380 to FM 428. 0 be moved Mayor Niswanger called presentation. portion of the agenda. a presentation on Phase 4A of the North Texas Tollway Extension. at 6:44 p.m. to let people look at the exhibits provided as part of the Tollway Mayor Niswanger called the meeting back to order at 6:56 p.m. Page 2 of 4 9. A public hearing to consider and act upon a resolution authorizing the Town Manager to enter into a Letter of Agreement with Arthur and Karie Dalton for the Subdivision of three lots located in the southwest quadrant of the intersection of Prosper Trail and Robinson Creek. (ML) Mayor Niswanger moved this item up in the agenda. Mike Land, Town Manager, gave council background information on this item. Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to open the public hearing. Motion approved 6-0. Mayor Niswanger opened the public hearing at 6:57 p.m. Councilmember Dugger left the meeting at 7:00 p.m.{ JOE Arthur and Karie Dalton discussed this item with the council. KariesDalton read the follow{ing information into the �,W.WY1� record: do 1) Tax revenues from improved lots will bring tens ofithousands more dollars to the Towiitiversus"unimproved lots (possibly staying in ag exemption for awhile).' #5 M1Sn 2) Dalton's to provide the Town with an easement to correcVthe?:se , yer issue. Mike, we respect your opinion, however, we would have to disagree — you identify the sewer". ssue as an "oversight", and we call it a "mistake" (one that we are having to pay for). The sewer line sli 'uld have been in place under the street years ago and now we are having to proviE,,an easement to correct this problem. The Town has paid for easements in the past, so if we waive pays ent�°requirement from the �Town;for this easement, wouldn't you consider this valuable to the Town — in otherhword§,RW u_14n't this be a form of consideration"? Motioned by Deputy Mayor Pro-Tem Turley, secondedl.by CouncilmemlWffiith to close the public hearing. Motion approved 6-0. Motioned by Councilmem'ber Wadsworth; seconded by Councilmember Smith to deny the approval of a letter of 3r•�^xJ`��'�h�'{� agreement relating to transportation impact fees, the park gimprovement fees, and the park dedication fee requirements for the two new lots potenty/Iiyafl.lybeing created. Motion approved 6-0.•;y{•_{{U h'LS{S 11. '40N0`e: nsider and act upon mterlocal agreement between the City of Euless and the Town of Prosper for the purchase of SCBA'sIfor the Fir.'e Department. (RT) Ronnie Tucker Fire Chief, gave council background information on this item. Motioned by Mayor Pr6- em Bristol, seconded by Deputy Mayor Pro-Tem Turley to approve an Interlocal agreement between the City of;Ueless and the Town of Prosper for the purchase of SCBA's for the Fire Department and authorize the Town Manager to sign the agreement. Motion approved 6-0. 12. Consider and act upon purchase of 16 Self Contained Breathing Apparatus (SCBA) From Municipal Emergency Services Inc. (RT) Ronnie Tucker, Fire Chief, gave council background information on this item. Page 3 of 4 Motioned by Mayor Pro-Tem Bristol, seconded by Deputy Mayor Pro-Tem Turley to approve the purchase of 16 Self Contained Breathing Apparatus form Municipal Emergency Services, Inc. Motion approved 6-0. 8. A public hearing to consider and act upon an amendment to the Zoning Ordinance regarding the Town's Non-residential Design and Development Standards (Chapter 4, Section 8 of the Zoning Ordinance). (Z07-19). (CC) Chris Copple, Senior Planner, gave council background information on this item. Motioned by Councilmember Wadsworth, seconded by Deputy Mayor Pro-Tem Turley to open the public hearing. Motion approved 6-0. Mayor Niswanger opened the public hearing at 7:22 p.m. Councilmember Dugger returned to the meeting at 7:26 p.m. Doug Mousel, representing the Prosper Developer's ordinance. Mark DeMattia, representing the P&Z, answered questions for Sam Johnson, representing the P&Z, answered questions for council. George Dupont, representing the P&Z, answered questioris;for council. Motioned by Deputy Mayor Pro-Tem Turley, seconded by Co-i Motion approved 7-0. m„ 46WAWLV4 Mayor Niswanger closed the�'jublic liearirig at 7:44 p.m. Council discussed the proposed zoning changes and the Motioned by Councilmember Wads�wdrth, secondedby bring the item backfaijQ1 e April 22; 200.8 Town Coup for a third party market study.} t-11 Motion�a .proved 7-0. �c?;ram` 13. 14. Adjo Motioned by Councils Motion approved 7-0. The meeting was adjo Attest: against the to the zoning Smith to close the public hearing. on development within the Town. Oncilmember Smith to table the item and instruct staff to meeting with a timeline, budget, financial considerations Town Staff to schedule topic(s) for discussion at a future meeting. tuber Smith, seconded by Deputy Mayor Pro-Tem Turley to adjourn. Matthew D. Denton, TRMC Town Secretary at 8:14 p.m. Charles Niswanger, Mayor Page 4 of 4 1SR PLANNING PPE 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 — April 22, 2008 Date: April 17, 2008 Agenda Item: Consider and act upon an ordinance rezoning 24.3t acres, located on the south side of Frontier Parkway (Bus. 289), 1,300t feet west of Preston Road, from Single Family-15 (SF-15) to Office (0). (Z08-2). Description of Agenda Item: At the April 8, 2008 meeting, the Town Council approved zoning case Z08-2 by a vote of 6-1. Council member Turley voted in opposition to the request. Budget Impact: There are no significant budget implications associated with the approval of this zoning request. Legal Obligations and Review: Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving a zoning request and adopting an ordinance rezoning property. A public hearing has been held and the Town Council approved the zoning case. The ordinance has been prepared. Review of the ordinance by the Town Attorney is not required. Attached Documents: 1. The Ordinance rezoning the property is attached. Town Staff Recommendation: Town staff recommends the Town Council adopt the attached ordinance rezoning 24.3t acres, located on the south side of Frontier Parkway (Bus. 289), 1,300t feet west of Preston Road, from Single Family-15 (SF-15) to Office (0). Agenda Item No. 4b — Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 08- AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05.20; REZONING A TRACT OF LAND CONSISTING OF 24.27 ACRES, MORE OR LESS, SITUATED IN THE S. RICE SURVEY, ABSTRACT NO. 787, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-15 (SF-15) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF OFFICE (0); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and determined that Zoning Ordinance No. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Frisco Tollway Partners, LTD ("Applicant") to rezone 24.27 acres of land, more or less, situated in the S. Rice Survey, Abstract No. 787, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the property containing 24.27 acres of land, more or less, situated in the S. Rice Survey, Abstract No. 787, in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Office (0). The Property as a whole and for this zoning classification is more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes as if set forth verbatim. All development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Inspector and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time -to -time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200) of the District to be amended. SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5: Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Savings/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 22^d DAY OF APRIL, 2008. APPROVED AS TO FORM: Charles Niswanger, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary DATE OF PUBLICATION: . Dallas Moming News — Collin County Addition EXHIBIT A LEGAL DESCRIPTION 24.27 ACRES BEING a tract of land out of the S. RICE SURVEY, Abstract No. 767, in the Town of Prosper, Collin County, Texas, being part of the 37.63 acre tract of land described in deed to Frisco Tollway Partners, Ltd., recorded in Volume 5622, Page 3883 of the Land Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a point for the intersection of the centerline of Spur 439 and the centerline of Victory Way; THENCE with said centerline of Spur 439, North 88051'33" East, a distance of 1365.26 feet to a point for corner; THENCE leaving said centerline, South 01 °08'27" East, a distance of 1193.39 feet to a point for corner in the centerline of a creek; THENCE along the centerline of said creek, the following courses and distances to wit: North 72042'05" West, a distance of 340.46 feet to a point for corner; North 38007'06" West, a distance of 4.96 feet to a point for corner; North 07007'16" West, a distance of 108.19 feet to a point for corner; North 04004'34" East, a distance of 63.76 feet to a point for corner; North 43043'58" West, a distance of 75.14 feet to a point for corner; North 69001'04" West, a distance of 176.74 feet to a point for corner; North 78044'20" West, a distance of 255.13 feet to a point for corner; North 47059'58" West, a distance of 224.67 feet to a point for corner; North 74*57'15" West, a distance of 182.83 feet to a point for corner; North 70006'29" West, a distance of 129.31 feet to a point for corner; North 21 °55'54" West, a distance of 63.70 feet to a point for corner; North 50026'25" West, a distance of 117.99 feet to a point for corner in the centerline of said Victory Way; THENCE leaving the centerline of the creek and with the centerline of Victory Way, North 00046'24" West, a distance of 346.48 feet to a point in the centerline of said Spur 439; THENCE with the centerline of said Spur 439, North 88051'33" East, a distance of 1365.26 feet to the POINT OF BEGINNING and containing 24.27 acres of land. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prewoOiz 6 TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY SUPPORTING THE DEVELOPMENT OF THE DALLAS NORTH TOLLWAY EXTENSION, PHASE 4A FROM U.S. 380 TO F.M. 428 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Whereas, the North Texas Tollway Authority (the "NTTA") plans to extend the Dallas North Tollway (the "DNT") north through Collin County, Texas, and; SECTION 2: Whereas, the DNT Extension is one of four regionally significant projects classified by Collin County through the 2003 Collin County Bond Program, and; SECTION 3: Whereas, Phase 4A of the planned extension shall be from U.S. 380 to F.M. 428, a distance of approximately six miles, and; SECTION 4: Whereas, Collin County, through a cooperative process with community leaders in Prosper and Celina, identified potential corridors for the extension of the DNT north of U.S. 380 and south of F.M. 428. Those corridors have been evaluated and discussed with property owners who could potentially be affected. A preferred corridor has been identified that would have a variable right-of- way width ranging from approximately 360 feet to 400 feet, and; SECTION 5: Whereas, the NTTA has conducted a series of stakeholder outreach initiatives and has held a public meeting to educate, inform and receive feedback from the public. In addition, the NTTA has incorporated stakeholder and public feedback into the proposed schematic, and; SECTION 6: Whereas, the Town is in support of the development of the Dallas North Tollway Extension, Phase 4A from U.S. 380 to F.M. 428. SECTION 7: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 251h day of March, 2008. Charles Niswanger, Mayor ATTEST TO: Matthew Denton Town Secretary ISPER OWN OF March, 2008 FINANCIAL REPORTING TABLE OF CONTENTS 1. INTRODUCTION 2. FINANCIAL OVERVIEW CASH OVERVIEW SUMMARY SUMMARY BY FUND COMBINED REVENUE & EXPENDITURE SUMMARY 3. CASH BALANCES AND GRAPHS BANK BALANCES TEXPOOL/TEXSTAR BALANCE 4. PROPERTY TAX REPORT AND GRAPHS PROPERTY TAX REPORT THREE YEAR PROPERTY TAX COMPARISON 5. SALES TAX AND GRAPHS TOTAL SALES TAX COLLECTED PROSPER SALES TAX ALLOCATION PEDC SALES TAX ALLOCATION 6. CAPITAL PROJECT BONDS 2004 BOND 2006 BOND Individual Department Summaries available upon request PliEROWN OF Regular Meeting SPProsper Town Council April 22, 2008 6:00 p.m. To: Mayor, Town Council and Town Manager From: Matthew Garrett, Finance Director Re: March 2008 Financial Reports The Financial Report of the Town of Prosper for March 2008 is a reporting of the cash, taxes, revenues, and expenditures in summary and by department. The 2004 and 2006 Bond summaries have been added to the condensed financials for your review. The Financial reporting format provides information to the council and the departments that reflect the operation of the Town and the departments on a monthly and year-to-date basis. Visual graphics, notes on current month operations and various statistics have been added to better explain the figures provided. The format of the Financials will be evolving over the next few months to provide additional information and usefulness to the Town Council and Town staff. Expected changes in FY09 include forecasted monthly budgets and reporting of any significant variances. To save on copy costs, only the revenue and expense summaries are printed for review. Individual department summaries are available at Town Hall upon request. At the end of March 2008 revenues are exceeding expenditures in both the General Fund and the Water Fund. The financial report for March indicates that revenues for both the General Fund and the Water Fund are exceeding forecasted revenue projections of 50% (based on 6 of 12 months). The General Fund revenues are largely based on the collection of property taxes from December 2007 through March 2008. Monthly property tax collections have declined naturally, with Property tax collected as of March 31, 2008 totaling 94.76% of total levied for current fiscal year before adjustments. The General Fund property tax revenues for the current fiscal year have increased as expected. Total delinquent taxes remaining to be collected for the years 1991 through 2006 is $23,910.35. Expenditures for both funds are below average projections. Total cash in the bank at the Town's local bank, for all funds, is $512,327; the government pools, TexPool and TexStar, have a total of $24.8 million for all funds. Government pool funds have increased by $0.5 million. The total cash for restricted funds is $16.2 million. Restricted funds include bond money, impact fees, park improvement & dedication fees, escrow paid, debt service funds and special revenue funds collected for specific purposes. Sales tax revenues for March slipped further, recording the second lowest monthly receipts in a thirty month history. With the opening of CVS and other small businesses anticipated to open, sales tax should noticeably improve in April and May reports. Your comments and suggestions are welcome so that the Finance section can generate reports that are meaningful and will assist you in your decision making for the Town. p riOWN OF S PE D. FINANCIAL SUMMARY Financial Overview CASH OVERVIEW SUMMARY SUMMARY BY FUND COMBINED REVENUE & EXPENDITURE SUMMARY C W J C) Z O v W 0' W co O W N O= = la 02 U 2 H Z O 2 LL O G Z W a W 0 za 3V) 0 w� F a N U. 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M O m M m Ci V 01 ei N V N m 01 M ri n N a O A n N M M 1 1 Yp pp YI p it n •+ YI ei .a r�i ra .-i oh t� ea �n a N �n .� .y 0 0 o c o o e o 0 0 O O O O O p O O O O N +i O 10 W O� N ri �0 O Oi VOI mi #u� Fes; ¢>. ' Y:'Y•f $. 0 a aw � F W O M H roi N n YOV N n H H q W owl p,1OWN OF SPER FINANCIAL SUMMARY CASH BALANCES & GRAPHS BANK BALANCES TEXPOOL / TEXSTAR BALANCE TEXPOOL / TEXSTAR FUND DISTRIBUTION 3 v 0 '-i rn 0 C 1-4 N M N 1-1 Ln to LU _J U Z O U NLNLI 46 v LLJ li Q W tV O= _ 10 U Q U .Z Z O m LL 0 6 Z w O O O O O O O t4 to N in t/? aA 4A spuesn04JL � w � z 0 U w � 2 e LUk O � 3 � «■ U x � z 0 a 0 6 z w ■ ) / § 2 & ' m w K G k � § e ::! LO g _k m k k w § $ $ �w, A 7 / 2 & ;! k k CL U. t, r- / 10 �L } \ 2, k (D k E° � / ) I£ £� w co co IL CLim K k o § 7 § CL k Lq 04 72 _\IL 0 � J� k k co � < % LO �I § k § 2U. ( G . n n � co 7 C \ $ \ - � § § § S ) \ < w m = m 0 z o _ E = I c [ co\ k 2 m 7 § ) ) ƒ 2 2 § § 0 } / \ $ 0 � \ k k k \ _ LL E ! $ d k 00 2 �k �w # k CL k $ E 2 L) / CO 99 e 2 k f §� . $ @ §� ° / ƒk % 2$ / a LL c \ qa S c .§ 2 � W ) 2 a§ I # k } P riOWN OF S PER FINANCIAL SUMMARY PROPERTY TAX REPORT & GRAPH PROPERTY TAX REPORT THREE (3) YEAR PROPERTY TAX COMPARISON TOWN OF PROSPER PROPERTY TAX COLLECTIONS REPORT Mar-08 TAX YEAR BEGINNING BALANCE COLLECTIONS CHANGES + / - ENDING I BALANCE TAXES P & I TOTAL 2007 4,088,818.74 3,874,762.84 15,809.25 3,890,572.09 121,075.15 335,131.05 2006 49,013.71 54,851.52 6,224.16 61,075.68 23,149.55 17,311.74 2005 7,177.41 3,992.02 176.18 4,168.20 0.50 3,185.89 2004 1,009.67 (35 99) (35.99) (35 99) 1,009.67 2003 443.20 - 443.20 2002 601.86 - 601.86 2001 360.72 - 360.72 2000 96.42 - 96.42 1999 37.08 - 37.08 1998 23.27 - 23.27 1997 31.47 - 31.47 1996 28.64 - 28.64 1995 25.94 - 25.94 1994 102.12 - 102.12 1993 140.81 - 140.81 1992 284.34 - 284.34 1991 227.18 - 227.18 TOTALS 4,148,422.58 3,933,570.391 22,209.591 3,955,779.98 144,189.21 359,041.40 LEVY =VY @ 10/01/07 : 4,088,818.74 DJUSTMENTS 121,075.15 DTAL LEVY @ 03/31/08 4,209,893.89 OLLECTED TO DATE 3,874,762.8 NCOLLECTED TO DATE 335,131.05 OF LEVY COLLECTED BEF. ADJ 94.76 OF LEVY COLLECTED INCL.. ADJ 92.04 ESSED VALUATION AXABLE PROPERTY @ 10/01/07: 1,465,865,971 HANGES TO ROLL (+/-) : 23,2 AXABLE PROPERTY @ 03/31/08 1,489,1 Entry changes with each months activity. LEVY @ 10/01/07 : 59,603.84 ADJUSTMENTS 23,114.06 TOTAL LEVY @ 82,717.90 COLLECTED TO DATE 58,807.55 UNCOLLECTED TO DATE 23,910.35 OF LEVY BE( F ADJ) COLLECTED 98. OUTSTANDING CURRENT LEVY Tax Rate Levy Less Collected Outstanding Operations (53%) 0.275075% 2,226,993.39 2,049,712.79 177,280.60 DebtService(47%) 0.244925% 1,982,900.50 1,825,050.05 157,850.45 0.520000% 4,209,893.89 3,874,762.84 335.131.05 PROPERTY TAX COLLECTIONS THREE (3) YEAR COMPARISON FOR PEAK COLLECTION MONTHS $1,750 $1,500 -p $1,250 C N $1,000 t $750 ~ $500' $250` _ -- Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept PROPERTY TAX COLLECTIONS THREE (3) YEAR COMPARISON PERCENT OF TOTAL DUE (Before Adjustments) COLLECTED 120% -p 100% C y 80% U 60% C V 40% N d 20% 0% Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept % of Total % of Total % of Total Month FY 05/06 Taxes Due Taxes Due F'1'..47108. Taxes Due Oct $ 1,187.18 0.07% $ 29,457.50 1.03% $ 50,747.84 1.22% Nov $ 51,306.76 3.07% $ 70,460.97 2.46% $ 279,501.69 6.74% Dec $ 665,598.53 39.89% $ 906,001.34 31.63% $ 1,492,718.39 35.98% Jan $ 423,246.34 25.36% $ 876,903.32 30.61 % $ 1,258,105.15 30.33% Feb $ 387,560.32 23.22% $ 744,527.90 25.99% $ 708,460.51 17.08% Mar $ 34,578.18 2.07% $ 114,929.76 4.01 % $ 166,240.49 4.01 % Apr $ 28,827.86 1.73% $ 46,745.77 1.63% May $ 17,896.93 1.07% $ 43,138.91 1.51 % June $ 26,630.43 1.60% $ 35,827.45 1.25% July $ 23,375.92 1.40% $ 70,078.70 2.45% Aug $ 7,195.32 0.43% $ 36,247.22 1.27% Sept $ 6,076.11 0.36% $ 13,684.32 0.48% YTD Totals $ 1,673,479.88 100.28% $ 2,988,003.16 104.31% $ 3,955,774.07 95.36% Collected YTD $ 1,668,772.29 $ 2,864,424.61 $ 4,148,422.58 Total taxes due includes delinquent before adjustments pllOWN OF SPER FINANCIAL SUMMARY SALES TAX & GRAPHS TOTAL SALES TAX COLLECTED PROSPER SALES TAX ALLOCATION PEDC SALES TAX ALLOCATION $250,000 $200,000 $150,000 $100,000 $50,000 THREE YEAR (3) COMPARISON TOTAL COLLECTIONS -SALES TAX TOWN OF PROSPER, TEXAS O& m FY 05-06 ■ FY 06-07 ■ FY 07-08 41 V01 5eQti a'Share $ Amount % of Change Month LT16wn'Showe Y 0718 Inc / Dec Inc /(Dec) Oct $ 196,881.25 $ 166,712.63 $ 124,885.22 $ (41,827.41) -25.09% Nov $ 170,412.36 $ 141,697.21 $ 106,473.48 $ (35,223.73) -24.86% Dec $ 167,516.79 $ 116,018.11 $ 105,454.73 $ (10,563.38) -9.10% Jan $ 160,464.80 $ 146,262.04 $ 108,657.68 $ (37,604.36) -25.71% Feb $ 165,611.73 $ 119,028.30 $ 109,286.86 $ (9,741.44) -8.18% Mar $ 140,085.12 $ 124,929.81 $ 101,721.88 $ (23,207.93) -18.58% Apr $ 196,971.39 $ 96,866.94 May $ 180,523.03 $ 196,793.13 June $ 166,563.38 $ 129,919.29 July $ 178,924.32 $ 126,538.37 Aug $ 130,518.50 $ 119,679.50 Sept $ 154,215.18 $ 122,140.90 - - - YTD Totals $ 2,008,687.85 $1,606,586.23 $ 656,479.85 $ (158,168.25) -19.42% THREE YEAR (3) COMPARISON TOWN OF PROSPER SHARE OF SALES TAX PROSPER, TEXAS $160,000 $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 I $20,000 Month I F Oct $ 147,660.94 $ 125,034.47 Nov $ 127,809.27 $ 106,272.91 Dec $ 125,637.59 $ 87,013.58 Jan $ 120,348.60 $ 109,696.53 Feb $ 124,208.80 $ 89,271.23 Mar $ 105,063.84 $ 93,697.36 Apr $ 147,728.54 $ 72,650.21 May $ 135,392.27 $ 147,594.85 June $ 124,922.54 $ 97,439.47 July $ 134,193.24 $ 94,903.78 Aug $ 97,888.88 $ 89,759.63 Sept $ 115,661.39 $ 91,605.67 YTD Totals $ 1,506,515.90 $1,204,939.69 40 ,Joe �J�J PJ� yew FY 05.06 a FY 06-07 ■ FY 07-08 + $ 93,663.91 $ $ 79,855.10 $ $ 79,091.05 $ $ 81,493.26 $ $ 81,965.14 $ $ 76,291.41 $ $ Amount % of Change Inc / Dec Inc /(Dec) (31,370.56) -25.09% (26,417 81) -24.86% (7,922.53) -9.10% (28,203.27) -25.71 % (7,306.09) -8.18% (17,405.95) -18 58% $ 492,359.87 $ (118,626.21)-19.42% $ 1,200,000.00 Budgeted Sales Tax Mar. Budgeted: $ 88,560.00 for month of March, 2008 Mar. Received: $ 76,291.41 $ 12,268.59 -13.853% March variance YTD Mo'ly Budgeted: $ 603,240.00 YTD October- March, 2008 YTD Mo'ly Received: $ 492,359.87 $ 110,880.13 -18.381 % YTD variance THREE YEAR (3) COMPARISON ECONOMIC DEVELOPMENT CORP.-SALES TAX PROSPER, TEXAS $60,000 i I tram Month FY 05-06� �F / '` Oct $ 49,220.31 $ 41,678.16 Nov $ 42,603.09 $ 35,424.30 Dec $ 41,879.20 $ 29,004.53 Jan $ 40,116.20 $ 36,565.51 Feb $ 41,402.93 $ 29,757.08 Mar $ 35,021.28 $ 31,232.45 Apr $ 49,242.85 $ 24,216.74 May $ 45,130.76 $ 49,198.28 June $ 41,640.85 $ 32,479.82 July $ 44,731.08 $ 31,634.59 Aug $ 32,629.63 $ 29,919.88 Sept $ 38,553.80 $ 30,535.23 YTD Totals $ 502,171.98 $ 401,646.57 Current Year $ Amount % of Change FY 07108 Inc / Dec Inc /(Dec) $ 31,221.31 $ (10,456.85) -25.09% $ 26,618.38 $ (8,805.92) -24.86% $ 26,363.68 $ (2,640.85) -9.10% $ 27,164.42 $ (9,401.09) -25.71% $ 27,321.72 $ (2,435.36) -8.18% $ 25,430.47 $ (5,801.98) -18.58% $ 164,119.98 5 (39,542.05)-19.42% $ 390,000.00 Budgeted Sales Tax p riOWN OF S PE R. CAPITAL PROJECTS BOND SUMMARIES 2004 BOND 2006 BOND priOWN OF SPER 2004 BOND On January 13, 2004, the Town Council adopted a resolution directing that notice be published of the Council's intent to sell $10,500,000 of the Town's Combination Tax and Revenue Certificates of Obligation to fund capital expenditures of the Town. The Council's resolution specifies the following uses for the proceeds received from the sale of the Certificates of Obligation: 1. To pay costs of extending, constructing and improving Town's sewer system, including, constructing sewage lift stations, extending and upgrading sewage collection lines and force mains throughout the Town. 2. To pay costs of constructing and improving the Town's water system, including the construction of elevated and ground water storage facilities and acquiring interests in land for such storage facilities, extending the water distribution system including extending and upgrading water lines and constructing pumping stations to improve access to, and the flow of water in, the Town. 3. To pay costs of constructing and equipping municipal park improvements and acquiring interests in land for parks and open space. 4. To pay legal, fiscal, engineering and architectural fees in connection with the foregoing projects. 5. To pay costs of constructing and equipping municipal buildings, specifically: a town hall, fire stations, police facilities, court facilities and acquiring interests in land for such buildings. In connection with the Town's capital planning for these projects, the Town Staff has prepared for the Council a proposed expenditure plan, which is summarized below. The capital plan summarized below is based upon current cost estimates and proposed construction schedules, and the expenditure plan is subject to change. However, under State law, the Town may not use the proceeds of the Certificates of Obligation except for the project categories included in the resolution adopted by the Council that are listed above. The Town Council has indicated that the Town will periodically account to the citizens of the Town, using the Town web site and other means of informing the citizens, as to how the proceeds of the Certificates of Obligation are spent. The following table will be used to report expenditures. The table lists descriptions of projects and their estimated costs. In the future as expenditures are made, the table will be updated to describe the expenditures, the amount of the expenditure, and the difference between the estimated and actual costs. Difference Description of Project Date of Description of Amount between and Estimated Cost Expenditure Expenditure Expended Estimated Cost and Amount Expended Fire Station Pogue Construction $100,000.00 $ 130,248.00 $499,999 Pogue Construction $ 25,174.00 $ 105,074.00 $230,248 12/9/04 Pogue Construction $ 85,957.00 $ 19,117.00 Proj:04-01 07/31/06 $ 19,116.55 $ .45 Total $230,247.55 Diff added to othr project (.45). 1 $ 0 Status: The Town's new Central Fire Station was completed in July. A grand opening ceremony was held on September 26, 2004. This project requires no additional funding from the 2004 Certificates of Obligation. Gentle Creek Lift Station 10/27/04 Dickerson Construction $ 224,505.43 $1,055,494.57 and Force Main to WWTP 11/9/04 Dickerson Construction $ 80,256.00 $ 975,238.57 and CR 80 Lift Station and 12/21/04 Dickerson Construction $ 218,217.85 $ 757,020.72 Force Main to CR 122 04/05/05 Dickerson Construction $ 334,074.91 $ 422,945.81 $1,280,000 06/20/05 Dickerson Construction $ 124,446.54 $ 298,499.27 07/18/05 Freese & Nichols $ 5,304.00 $ 293,195.27 Proj: 04-02 08/04/05 Freese & Nichols $ 11,328.00 $ 281,867.27 08/04/05 Dickerson Construction $ 172,255.89 $ 109,611.38 9/13/05 Dickerson Construction $ 68,447.50 $ 41,163.88 9/13/05 Freese & Nichols $ 20,400.00 $ 20,763.88 9/30/05 Freese & Nichols $ 10,584.00 $ 10,179.88 01/31/06 Dickerson Construction $ 10,179.88 $ 0 Total $1,280,000.00 Status: The Town retained Dickerson Construction Company to construct the Gentle Creek and Steeplechase Sewer Improvement Project. A sewer force main has been extended from the Gentle Creek subdivision along CR 122, CR 81, CR 48, and CR 4 to the Town's wastewater treatment plant, a sewer gravity line was constructed from the Steeplechase subdivision past CR 80 to the east property line of the Whispering Farms subdivision, and a lift station and sewer line have been constructed near the east property line of Whispering Farms to force the sewage north to CR 122. Danville/Prosper Water -- -- -- -- Improvements $84, 000 Pro': 04-03 Status: A portion of east Prosper currently receives water from the Danville Water Supply District. After several years, the TCEQ approved the amendment to CCN No. 12967 and the transfer of a portion of the service area of CCN No. 10190 from Danville Water Supply Corporation to Prosper, making the Town the water service provider for all of east Prosper. The transfer will involve capping a number of lines, closing a number of valves, and constructing a number of new water lines. Freese & Nichols has recommended that the work be postponed until this fall due to the additional demand that will be placed on the Town's water system by the additional customers. Town staff is working with Freese & Nichols to prepare a plan for this project that will allow the improvements to be completed just as soon as the summer demand lessens. Water Storage Tanks and 11/30/05 Freese & Nichols $ 10,841.86 $ 8,313,875.14 Pump Station at US 380 12/16/05 Freese & Nichols $ 22,116.57 $ 8,291,758.57 between Independence 01/16/06 TXU (Easements) $ 500.00 $ 8,291,258.57 Parkway & Custer Road 01 /20/06 Freese & Nichols $ 95,154.97 $ 8,196,103.60 $9,946,4A9 02/03/06 Freese & Nichols $ 110,250.00 $ 8,085,853.60 $8,324-7-!�7 02/20/06 Freese & Nichols $ 11,537.24 $ 8,074,316.36 $8,443,746 03/15/06 Freese & Nichols $ 7,047.73 $ 8,067,268.63 $8,242,972 03/15/06 Freese & Nichols $ 120,015.00 $ 7,947,253.63 04/07/06 Freese & Nichols $ 74,235.00 $ 7,873,018.63 Proj: 04-04 04/07/06 Freese & Nichols $ 15,971.38 $ 7,857,047.25 05/15/06 Freese & Nichols $ 52,500.00 $ 7,804,547.25 05/15/06 Freese & Nichols $ 5,837.97 $ 7,798,709.28 07/24/06 Freese & Nichols $ 5,341.73 $ 7,793,367.55 07/24/06 Red River Const $ 183,389.06 $ 7,609,978.49 08/15/06 Red River Const $ 252,424.91 $ 7,357,553.58 08/15/06 Freese & Nichols $ 5,046.10 $ 7,352,507.48 09/30/06 Freese & Nichols $ 13,112.88 $ 7,339,394.60 09/30/06 Red River Const $ 849,635.61 $ 6,489,758.99 09/30/06 Red River Const $ 494,082.78 $ 5,995,676.21 11/19/06 Red River Const $ 594,002.29 $ 5,401,673.92 Moved to Project 04-07 11/10/06 Spiars Engineering $ 1,850.00 $ 5,399,823.92 11/10/06 Freese & Nichols $ 2,196.90 $ 5,397,627.02 11/10/06 Freese & Nichols $ 5,432.71 $ 5,392,194.31 12/05/06 W.R Hodgson $ 764,091.11 $4,628,103.20 12/13/06 Red River Const $ 950,626.97 $ 3,677,476.23 12/13/06 Freese & Nichols $ 5,423.23 $ 3,672,053.00 12/13/06 Freese & Nichols $ 3,417.40 $ 3,668,635.60 1/05/07 1 W. R. Hodgson $ 199,378.94 $ 3,469,256.66 1/05/07 W. R. Hodgson $ 496,636.25 $ 2,972,620.41 1/19/07 Freese & Nichols $ 5,635.02 $ 2,966,985.39 1/19/07 Freese & Nicho $ 2,704.08 $ 2,964,281.31 1/19/07 Red River Const $ 260,195.39 $ 2,704,085.92 1/23/07 W. R. Hodgson $ 50,567.55 $ 2,653,518.37 2/12/07 Freese & Nichols $ 3,176.40 $ 2,650,341.97 2/12/07 Freese & Nichols $ 5,568.24 $ 2,644,773.73 2/12/07 Red River Const $ 282,792.75 $ 2,361,980.98 2/23/07 W. R. Hodgson $ 425,850.80 $ 1,936,130.18 2/27/07 Freese & Nichols $ 5,000.00 $ 1,931,130.18 3/13/07 W. R. Hodgson $ 253,116.72 $ 1,678,013.46 3/13/07 Red River Const $ 265,950.24 $ 1,412,063.22 04/09/07 Freese & Nichols $ 992.49 $ 1,411,070.73 04/09/07 Freese & Nichols $ 4,972.42 $ 1,406,098.31 04/09/07 W. R. Hodgson $ 104,328.05 $ 1,301,770.26 04/09/07 Red River Const $ 620,934.67 $ 680,835.59 Moved to Project 04-07 04/10/07 Spiars Engineering $ 475.00 $ 680,360.59 05/02/07 Freese & Nichols $ 3,806.38 $ 676,554.21 05/02/07 Freese & Nichols $ 6,147.40 $ 670,406.81 05/02/07 Red River Const $ 166,514.45 $ 503,892.36 06/20/07 Freese & Nichols $ 12,869.13 $ 491,023.23 06/20/07 W. R. Hodgson $ 27,113.00 $ 463,910.23 06/25/07 Home Depot $ 223.46 $ 463,686.77 Added Chg order $119,029 07/2007 $ (119,029.00) $ 582,715.77 07/23/07 Freese & Nichols $ 10,379.53 $ 572,336.24 07/23/07 Freese & Nichols $ 3,393.83 $ 568,942.41 07/23/07 W. R. Hodgson $ 5,320.00 $ 563,622.41 08/31 /07 Red River Const $ 22,427.97 $ 541,194.44 08/31/07 Freese & Nichols $ 2,387.37 $ 538,807.07 09/30/07 Red River Const $ 77,824.02 $ 460,983.05 12/11/07 Red River Const $ 41,013.65 $ 419,969.40 Moved to Project 04-07 01/08/08 App. Consul Grp -land $ 1,800.00 $ 418,169.40 Moved to Project 04-07 01/08/08 App. Consul Grp -land $ 2,800.00 $ 415,369.40 01/08/08 Freese & Nichols $ 1,624.40 $ 413,745.00 01/14/08 Freese & Nichols-reimb $ (2,000.00) $ 415,745.00 01/31/08 Freese & Nichols $ 1,239.35 $ 414,505.65 01/02/08 Red River Const $ 73,945.73 $ 340,559.92 02/12/08 Freese & Nichols $ 630.51 $ 339,929.41 02/23/08 W.R. Hodgson $ 119,442.23 $ 220,487.18 02/29/08 Freese & Nichols $ 1,937.93 $ 218,549.25 Moved to P T El Sto—Proj 07 11/10/06 Spiars Engineering $ (1,850.00) $ 220,399.25 Moved to P T El Sto-Proj 07 04/10/07 Spiars Engineering $ ( 475.00) $ 220,874.25 Moved to P T El Sto-Proj 07 01/08/08 App. Consul Grp -land $ (1,800.00) $ 222,674.25 Moved to P T El Sto-Proj 07 01/08/08 App. Consul Grp -land $ (2,800.00) $ 225,474.25 Balance moved-proj compl 03/31/08 $ 200,774.50 $ 24,699.75 Status: The Town has entered into a contract with the North Texas Municipal Water District (NTMWD) to provide the Town with another source of surface water. The Town has executed contracts with Red River Construction to construct a 3 MG ground water storage tank and pump station and with Hodgson to construct a 30" water line to receive and distribute the surface water to be received from the NTMWD at a site near the intersection of Custer Road / US 380. These projects are essentially complete and the ground storage tank, pump station, and 30" water line are in service. The balance makes up the remaining retainage to be paid upon completion of the project. Town Facilities (Town Hall, Perkins & Will $ 23,339.56 $ 48,849.12 Police/Courts, Fire Station, 11/8/04 Perkins & Will $ 36,600.00 $ 12,249.12 etc) 09/30/05 Randal Scott $ 12,249.12 $ 0 $2009,000 Total $ 72,188.68 $72,188.68 Pro': 04-05 Status: To meet its current need for facilities, the Town has relocated its Police Department to 113 W. Broadway and purchased a building at 121 W. Broadway to serve as Town Hall. The construction of additional facilities is on hold. Police Department Renovations $60,000 Pro': 04-06 Status: Pending -Depending on where the Town Hall moves, we will need to renovate some of the space in the possibly vacated offices of Town Hall for use for the officers. We may also enlarge the Court Room by removing walls in the present location at 110 W. Broadway Prosper Trail Elevated 11/10/06 Spiars Engineering $ 1,850.00 $ 98,150.00 Storage Tank 04/10/07 Spiars Engineering $ 475.00 $ 97,675.00 $100,000 01/08/08 App. Consul Grp -land $ 1,800.00 $ 95,875.00 Pro': 04-07 01/08/08 App. Consul Grp -land $ 2,800.00 $ 93,075.00 Status Folsom Park 11/13/07 Appraisal Consultation $ 2,800.00 $ 697,200.00 $700,000 01/08/08 La Terra Design $ 5,320.00 $ 691,880.00 Pro': 04-08 Status: Folsom Park design is being designed by La Terra Studios. This project will be bid in March, 2008. Anticipated completion date is summer 2008. Athletic Field Work $200, 000 Pro': 04-09 Status La Cima Sewer Force Main $60, 000 Pro': 04-10 Status Town Phone system $63,200 Pro": 04-11 Status Remaining Funds 2/9/07 City of Frisco $ 5,000.00 $280,061.06 Available including 3/27/07 Randall Scott Architects $ 7,300.00 $272,761.06 interest. 05/22/07 Randall Scott Architects $ 6,000.00 $266,761.06 $295,96i 05/31/07 Tx Meter $ 235.56 $266,525.50 $288,969.06 09/30/07 HP Envirovision $ 1,230.00 $265,295.50 3/31/08 Interest Added ($3,908.00) $269,203.50 Status: A number of projects originally scheduled to be funded by the 2004 Bond proceeds were reprioritized to reallocate funds to the project to construct a 3 MG ground water storage tank, a pump station, and a 30" water line. These funds are anticipated to be used for a number of pending expenditures, including potential facility improvements, site acquisition for elevated water towers, and contributions towards several development driven water and sewer projects. Total Bond + Interest Earned - Expenditures = Balance $10,500,000.00 $ 881,577.04 $9,835,519.54 $ 1,546,057.50 General Ledger: FY 03/04 Expense $ 436,766.99 FY 04/05 Expense $ 1,116,373.81 FY 05/06 Expense $ 2,358,336.22 FY 06/07 Expense $ 5,673,487.72 FY 07/08 Expense $ 250,554.80 Total Expenses $ 9,835,519.54 OWN OF ;LSPER 2006 BOND On July 25, 2006, the Town Council adopted a resolution directing that notice be published of the Council's intent to sell $12,000,000 of the Town's Combination Tax and Revenue Certificates of Obligation to fund capital expenditures of the Town. The Council's resolution specifies the following uses for the proceeds received from the sale of the Certificates of Obligation: 1. To pay costs of constructing and improving the Town's water system, including the construction of an elevated water storage tank and water distribution line. 2. To pay costs of acquiring, constructing and equipping municipal park improvements and open space. 3. To pay costs of constructing and improving roads and streets in the Town and related infrastructure. 4. To pay costs of extending, constructing and improving the Town's sewer system. 5. To pay costs of acquiring land and interests in land as may be required in connection with the purposes as described in 1 through 4. 6. To pay legal, fiscal, engineering and architectural fees in connection with the foregoing projects. In connection with the Town's capital planning for these projects, the Town Staff has prepared for the Council a proposed expenditure plan, which is summarized below. The capital plan summarized below is based upon current cost estimates and proposed construction schedules, and the expenditure plan is subject to change. However, under State law, the Town may not use the proceeds of the Certificates of Obligation except for the project categories included in the resolution adopted by the Council that are listed above. The following table will be used to report expenditures. The table lists descriptions of projects and their estimated costs. In the future as expenditures are made, the table will be updated to describe the expenditures, the amount of the expenditure, and the difference between the estimated and actual costs. Description of Project and Estimated Cost Date of Expenditure Description of Expenditure Amount Expended Difference between Estimated Cost and Amount Expended Project: 12/13/06 Freese & Nichols $ 5,457.81 $4,401,752.19 1.5 MG Elevated Storage 12/13/06 Freese & Nichols $ 3,351.81 $4,398,400.38 Tank and 1st Street 20" 01/19/07 Freese & Nichols $ 6,811.20 $4,391,589.18 Water Line 01/19/07 Freese & Nichols $ 9,519.69 $4,382,069.49 $6,17-3,990 02/15/07 Freese & Nichols $ 18,945.13 $4,363,124.36 Contract $4,407,210 02/15/07 Freese & Nichols $ 21,622.24 $4,341,502.12 Acq Land & Easement 02/27/07 Freese & Nichols $ 53,452.37 $4,288,049.75 5— 5999 02/27/07 Freese & Nichols $ 1,533.92 $4,286,515.83 03/19/07 G.M. Geer $ 1,350.00 $4,285,165.83 Total $5 999,Q99 04/10/07 Freese & Nichols $ 920.00 $4,284,245.83 $4,407,210 05/02/07 Freese & Nichols $ 18,181.50 $4,266,064.33 06/14/07 TXU $ 250.00 $4,265,814.33 06/30/07 Freese & Nichols $ 42,957.60 $4,222,856.73 Proj: 06-01 07/23/07 Freese & Nichols $ 46,715.00 $4,176,141.73 08/31/07 Freese & Nichols $ 10,408.54 $4,165,733.19 08/31/07 Freese & Nichols $ 5,272.75 $4,160,460.44 08/31/07 Freese & Nichols $ 11,595.00 $4,148,865.44 08/31/07 Dallas Morning News $ 267.40 $4,148,598.04 09/30/07 Freese & Nichols $ 396.75 $4,148,201.29 10/16/07 LandAmerica Title $ 458.00 $4,147,743.29 11/19/07 Four D Construction $ 496,831.95 $3,650,911.34 11/19/07 Landmark Structures $ 230,636.25 $3,420,275.09 12/11/07 Landmark Structures $ 336,395.00 $3,083,880.09 12/18/07 Four D Construction $ 158,553.90 $2,925,326.19 01/08/08 Freese & Nichols $ 4,111.25 $2,921,214.94 01/14/08 Landmark Structures $ 613,260.15 $2,307,954.79 02/06/08 Landmark Structures $ 218,916.10 $2,089,038.69 02/11/08 Four D Construction $ 146,639.43 $1,942,399.26 02/29/08 Freese & Nichols $ 5,232.50 $1,937,166.76 03/12/08 Landmark Structures $ 160,312.50 $1,776,854.26 Status: The 1.5 MG elevated storage tank is under construction and is anticipated to be complete in the Fall of 2008. The First Street 20" pipeline is also under construction and is anticipated to be complete in the summer of 2008. Project: 03/06/07 LandAmerica Wilson $2,005,400.00 $ 0 Community Park $3 A41,599 6/20/07 Grant Reimbursement $ (500,000.00) $ 500,000.00 $2, 005,400 Pro': 06-02 Status: March 9, 2007, Purchased 57 acres of land from PISD. Town staff is working with PISD on a possible joint project with the Stadium architect. Project: Boyer Park $200,000 Pro': 06-03 Status: Project: 11/20/07 JRJ Paving $186,239.56 $ 321,382.24 Street Paving Projects 2007 01/08/08 JRJ Paving $196,994.84 $ 124,387.40 $469,999 03/07/08 JRJ Paving $ 56,473.02 $ 67,914.38 $507,621.80 Pro': 06-04 Status: Paving is complete, cleaning up and back filling being done. Project: 02/13/08 Dallas Morning New $ 267.40 $ 809,732.60 Prosper / County Road Improvements $599 990 $810,000 Pro': 06-05 Status: Design proposals for the three (3) roadway projects are to be considered by Council in March I, 2008. The Town has received monetary consideration from Collin County for 50% matching funds on their November, 2007 bond election. Project: 9/30/07 Dowdey & Associates $ 3,500.00 $ 296,500.00 Prosper Trail Road/Drainage 11/06/07 Dowdey & Associates $ 1,500.00 $ 295,000.00 Improvements 12/11/07 Dowdey & Associates $ 5,944.99 $ 289,055.01 $519;990 01/31/08 Dowdey & Associates $ 549.08 $ 288,505.93 $300,000 03/20/08 Dowdey & Associates $ 1,369.49 $ 287,136.44 Pro': 06-06 3/31/08 Dowdey & Associates $ 404.00 $ 286,732.44 Status: Quality Excavation has been awarded this project and will begin construction in March, 2008. The construction is anticipated to take 90 days to complete. Project: 12/18/07 DHS Auto -lift sta. mod $ 1,568.65 $ 29,831.35 Water Flow Reversal 12/18/07 DHS Auto -lift sta. mod $ 10,925.00 $ 18,906.35 $77,990 02/29/08 Preston Services $ 500.00 $ 18,406.35 $31,400 03/07/08 DHS Auto $ 12,975.00 $ 5,431.35 Pro': 06-07 Status: Flow has been turned over to NTMWD and staff is cleaning up plant. Freese & Nichols is preparing a closure plan for TECQ. Payment pending invoicing. Project: 01/08/08 Ferguson WW-Toll Rd $ 4,389.58 $ 271,610.42 Water/Sewer Line Repl. 01/22/08 Ferguson WW $ 695.10 $ 270,915.32 Water: $160,000 01/31/08 Rodman $ 16,240.00 $ 254,675.32 Sewer: $116,000 04/24/07 Ferguson (6" Line) $ 10,594.79 $ 244,080.53 04/24/07 Keys Tapping(6" line) $ 180.00 $ 243,900.53 04/24/07 Barbosa Const(6" line) $ 31,500.00 $ 212,400.53 05/31/07 Keys Tapping (6" line) $ 195.00 $ 212,205.53 Proj: 06-08 05/31/07 Texas Meter $ 441.60 $ 211,763.93 05/31/07 Barbosa Const(6" line) $ 7,500.00 $ 204,263.93 05/31/07 Barbosa Const(6" line) $ 3,500.00 $ 200,763.93 05/31/07 Ferguson Waterworks $ 1,028.80 $ 199,735.13 05/31/07 Ferguson Waterworks $ 347.19 $ 199,387.94 05/31/07 Ferguson Waterworks $ 45.00 $ 199,342.94 11/20/07 Ferguson Waterworks $ 4,582.16 $ 194,760.78 12/18/07 Barbosa Const(12" line $ 7,600.00 $ 187,160.78 Status: Project: 01/02/08 Brookhollow $ 5,953.75 $ 969,046.25 Kohl's Development 01/02/08 G.E. Walker $ 29,599.74 $ 939,446.51 $975,000 01/02/08 G.E. Walker $ 14,377.49 $ 925,069.02 02/26/08 G.E. Walker $ 16,153.75 $ 908,915.27 Proj: 06-09 02/26/08 G.E. Walker $ 40,488.00 $ 868,427.27 02/29/08 AJ Bedford Group $ 800.00 $ 867,627.27 Status: The project has been bid by Land Plan with Rodman Excavation being the low bidder. Construction will begin in March, 2008 and is anticipated to be completed in September, 2008. Project: , Street Paving 2008 i $738,000 Pro': 06-10 Status: Project: 3/21/07 UTRWD $ 62,500.00 $ 1,528,988.18 Remaining bond funds 05/31/07 Home Depot $ 192.50 $ 1,528,795.68 available 01/02/08 UTRWD-Fees $ 68,095.84 $ 1,460,699.84 $1,591,488.18 Status: The 6" pipeline from Coleman to Church is complete. The fee to UTRW is to have Prosper included the study for the Doe Branch wastewater treatment plant. Project: Interest available: $707,482.19 Status: Interest available for future projects Total Bond + Interest Earned - Expenditures = Balance $11,842,119.98 $707,482.19 $ 4,941,967.06 $ 7,607,635.11 General Ledger: FY 06/07 Expense $1,885,933.59 FY 07/08 Expense $3,056,033.47 Total Expenses $4,941,967.06 ISPER PLANNING P To: Mayor and Town Council From: Chris Copple, Senior Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — April 22, 2008 Date: April 17, 2008 Agenda Item: A public hearing to consider and act upon a request to rezone 0.8t acre (101 East Broadway), located on the northeast corner of Broadway Street and Coleman Street, from Single Family-15 (SF-15) to Downtown Office (DTO). (Z08-5). Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Old Town Core District — Office/Old Town Core North Single Family-15 Single Family Residential District — Single Family Residential East Single Family-15 Single Family Residential Old Town Core District - Office South Commercial Post Office Old Town Core District - Office Old Town Core District - West Downtown Retail Retail Retail Reauested Zoning — Z08-5 is a request to rezone 0.8t acre (101 East Broadway), located on the northeast corner of Broadway Street and Coleman Street, from Single Family-15 (SF-15) to Downtown Office (DTO). The Downtown Office (DTO) district accommodates a variety of office uses providing for professional, financial, medical, and similar services for local residents and service uses necessary to support such office uses. Future Land Use Plan — The Future Land Use Plan (FLUP) recommends Old Town Core District - Office for the property. The zoning request conforms to the FLUP. Conformance to the Future Thoroughfare Plan — The zoning exhibit complies with the Future Thoroughfare Plan. Agenda Item No. 6 - Page 1 of 2 Water and Sanitary Sewer Services — Water and sanitary sewer service have been extended to the property. Access — Access to the property is from Broadway Street and Coleman Street. Schools — This property is located within the Prosper Independent School District (PISD). A school site is not needed on this property. Parks — This property is not needed for the development of a park. Budget Impact: There are no significant budget implications associated with the approval of this zoning request. Legal Obligations and Review: Legal review by the Town Attorney is not required. Zoning is discretionary. Therefore, Town Council is not obligated to approve the request. Town staff has received five public hearing notice reply forms with none in opposition to the zoning request. Attached Documents: 1. Zoning Exhibit A. 2. Public hearing notice reply forms. Planning & Zoning Commission Recommendation: At their April 1, 2008 meeting, the Planning & Zoning Commission recommended that the Town Council approve the request to rezone 0.8t acre (101 East Broadway), located on the northeast corner of Broadway Street and Coleman Street, from Single Family-15 (SF-15) to Downtown Office (DTO) by a vote of 6-0. Town Staff Recommendation: Town staff recommends that Town Council approve the requested zoning as Downtown Office (DTO). Agenda Item No. 6 - Page 2 of 2 1t� v !� e OWN H17 r 1� ' P.O. Box 307 OLF41 R Prosper, TX 75078 Phone: 972-346-3502 Fax: 972-347-9006 REPLY FORM SUBJECT: Zoning Case Z08-5: The Town of Prosper has received an application to rezone 0.8t acre from Single Family-15 (SF-15) to Downtown Office (DTO). LOCATION OF SUBJECT PROPERTY: The property is located on the northeast comer of Coleman Street and Broadway Street. DESCRIPTION OF THE REQUEST: The Downtown Office District is established to maintain existing and encourage additional office development in the original downtown portion of the Town and accommodates a variety of office developments providing for professional, financial, medical, and similar services for local residents and service uses necessary to support such office uses. ❑ ' I OPPOSE the request as described in the notice of public hearing. d I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): tea-Lc%--K d vie Name (please print) Address 3-'�-(o -0'9 Date LVI'V (� I — l �cr�L �n Ebro e C �ea. �csrv� City, te, and Zip Code E-mail A TOWN ®]F pi� REPLY FORM PLANNOR98 TDOPARVEW1RM`i3 P.O. Box 307 Prosper, TX 75078 Phone: 972-346-3502 Fax: 972-347-9006 SUBJECT: Zoning Case Z08-5: The Town of Prosper has received an application to rezone 0.8t acre from Single Family-15 (SF-15) to Downtown Office (DTO). LOCATION OF SUBJECT PROPERTY: The property is located on the northeast comer of Coleman Street and Broadway Street. DESCRIPTION OF THE REQUEST: The Downtown Office District is established to maintain existing and encourage additional office development in the original downtown portion of the Town and accommodates a variety of office developments providing for professional, financial, medical, and similar services for local residents and service uses necessary to support such office uses. ❑ I OPPOSE the request as described in the notice of public hearing. ❑ I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): � f Nam (please print) )6" Address C , State, d Zip e '� Date E-mail ss r 1� .TOWN OF P (C�l P -grzz4 REPLY FORM P.O. Box 307 Prosper, TX 75078 Phone: 972-3464502 Fax: 972-347-9006 SUBJECT: Zoning Case Z08-5: The Town of Prosper has received an application to rezone 0.8t acne from Single Family-15 (SF-15) to Downtown Office (DTO). LOCATION OF SUBJECT PROPERTY: The property is located on the northeast comer of Coleman Street and Broadway Street. DESCRIPTION OF THE REQUEST: The Downtown Office District is established to maintain existing and encourage additional office development in the original downtown portion of the Town and accommodates a variety of office developments providing for professional, financial, medical, and similar services for local residents and service uses necessary to support such office uses. ❑ I OPPOSE the request as described in the notice of public hearing. I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): Name (pl ase print) Address Lf`� Y � 4 ty, State, nd Zip Code Date E-mail Address dab r� TOWN 1 191��F T, OF PLANNING DEPARTMENT P.O. Box 307 Prosper, TX 75078 1�4Phone:972-346-3502 Fax: 972-347-9006 REPLY FORM SUBJECT: Zoning Case Z08-5: The Town of Prosper has received an application to rezone 0.8t acne from Single Family-15 (SF-15) to Downtown Office (DTO). LOCATION OF SUBJECT PROPERTY: The property is located on the northeast comer of Coleman Street and Broadway Street. DESCRIPTION OF THE REQUEST: The Downtown Office District is established to maintain existing and encourage additional office development in the original downtown portion of the Town and accommodates a variety of office developments providing for professional, financial, medical, and similar services for local residents and service uses necessary to support such office uses. ❑ I OPPOSE the request as described in the notice of public hearing. R" I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): ,� ►m 5 red to j tv, V C . 0taJ L, ef- '� Name (please print) A-)o 3/L Address City, State, and Zip Code ::i!2 �/4 Date E-mail Address G a` TOWN OF nPI cl--'� REPLY FORM PILAMMOM@ PrEPAfR4KIFEN7 P.O. Box 307 Prosper, TX 75078 Phone: 972-346-3502 Fax: 972-347-9006 SUBJECT: Zoning Case Z08-5: The Town of Prosper has received an application to rezone 0.8t acne from Single Family-15 (SF-15) to Downtown Office (DTO). LOCATION OF SUBJECT PROPERTY: The property is located on the northeast comer of Coleman Street and Broadway Street. DESCRIPTION OF THE REQUEST: The Downtown Office District is established to maintain existing and encourage additional office development in the original downtown portion of the Town and accommodates a variety of office developments providing for professional, financial, medical, and similar services for local residents and service uses necessary to support such office uses. o I OPPOSE the request as described in the notice of public hearing. I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): rv\ 15PMdA Nam (� please print) Address &x A/- . 'iA i 3-D W City, State, and Zip Code kz3k.R Date E-mail Address PLANNING p TOWN ER. 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: Prestonwood Baptist Church Planned Development Amendment Date: April 17, 2008 Agenda Item: A public hearing to consider and act upon a request to rezone 127.8t acres, located on the south side of Prosper Trail, 400t feet east of Dallas Parkway, to amend Planned Development-33 (Prestonwood Baptist Church) regarding the landscape requirements. (Z08-4) (WH) Description of Agenda Item: Requested Zoning — Z08-4 is a request to rezone 127.8t acres to amend Planned Development- 33 (Prestonwood) landscape requirements. The property is located on the south side of Prosper Trail; approximately 400t feet east of Dallas Parkway (see Zoning / Location Map). The Planned Development-33 was originally approved by the Town Council on October 24th, 2006 which specifically addresses architectural features and landscaping requirements. As approved, PD-33 requires the perimeter landscape materials to be more indigenous and natural prairie -like landscaping with few to no trees and shrubs. The amendment proposes the requirement for more indigenous and prairie like materials be struck from the Ordinance and replaced with landscaping requirements similar with the existing Town requirements. Though as proposed perimeter landscaping would allow for fewer shrubs in lieu of additional tree plantings. The revision allows Staff the option of approving such submittals that would meet the intent of amendment (see sample landscape plan attached). Summary: The proposed amendment to PD-33 (Prestonwood) removes the requirement for native and indigenous landscape materials. The amendment proposes shrub plantings in numbers below the Town standard with trees in lieu of some of the required shrubs. Prestonwood has submitted a landscape plan that would meet the requirements of the proposed amendment (see sample landscape plan attached). The plan submitted includes additional trees above the required plantings, increased tree caliper sizes above the 3" minimum requirement, increased shrub planting above the minimum gallon requirement, berms and turf. Agenda Item No. 7 - Page 1 of 3 Budget Impact: There are no significant budget implications associated with the approval of this zoning request. Legal Obligations and Review: Legal review by the Town Attorney is not required. Zoning is discretionary. Therefore, the Planning & Zoning Commission is not obligated to approve the request. Town staff has not received any letters of opposition. Attached Documents: 1. Zoning / Location Map 2. Proposed Landscape Plan 3. A copy of Ordinance No. 06-114 (Planned Development-33 / Prestonwood) 4. The zoning application Planning & Zoning Commission Recommendation: At their April 1, 2008 meeting, the Planning & Zoning Commission approved a motion by Ruark, seconded by Gallup to approve the item subject to: 1. The landscape plan for Phase 1 being adopted in the PD ordinance. 2. The ratio of plantings being proposed to substitute the shrub requirements for Phase 1 being expanded to the entire property. Motion approved 6-0. The proposed amendment has been revised to address the conditions of approval as motioned by the Planning & Zoning Commission. Town Staff Recommendation: Town staff recommends that the Town Council approve the amendment to Planned Development- 33 (Prestonwood) Landscaping with the landscape plan for Phase 1 adopted as part of the PD, the ratio of plantings being proposed to substitute the shrub requirements for Phase I be expanded to the entire property, and the section amended as proposed: Landscaping: Landscaping shall be provided in accordance with the Town of Prosper Zoning Ordinance No. 5-20, Chapter 4, Section 2, Landscaping. The intention of differing from the Town of Prosper Landscape Requirements is to Ake landsGape design to be approved by town staff. provide a clean, modern, campus -like appearance in harmony with the aesthetic of the building and to enhance the serenity of the outdoor environment. With the following exceptions: Agenda Item No. 7 - Page 2 of 3 1. Perimeter requirements a. The use of ' small and large trees, in addition to a limited number of shrubs in lieu of the shrub counts required in the Town Landscape Ordinance shall be allowed as approved by sify Town Staff. Other landscaped area requirements such as widths etc. shall meet the zoning Ordinance. With the agewed use of said in�eneus plant nqater4ala it is pFesunged these n9ategals wig be 2. Interior Parking Requirements ea. Landscaped areas may not be required to be protected by a raised six (6) inch concrete curb. db. Landscaped areas shall meet the minimum planting requirements and are allowed to be grouped to the perimeter of the parking areas in a tree lined walkway fashion as approved by Town Staff. Agenda Item No. 7 - Page 3 of 3 ZONING / LOCATION MAP or —is I I oc� S F10 1 ��4'RYt =' ID S F10,13 S 10!12.3 Ilti _rl� ran S_rirrrr, — t IF �aai •Ga y FI3 /CC I3-- I i I —i ' J S FI6 S F1 I` fir. � I I _ I f I fdF t c SF12.3 LAC S F10112.3 I � I 1 � 1 1 li r it ! !i SFi3 C>r S F13 P177"09PER07 DECLAAER.TICTew�eRro�yerhro use ow. t b rmdt eveteble unen Ue h!k hOmdkn Ad Aip• reMioe en N� mr a bib ON bAT1DIJROWRKir.►ro'lperamnrnnotrlDbRrerD�emn.ar/�oln v lecaredn IntAe rz a Ini m alm o Ttm aloe of lKtl a Rr elb' rreee, adennttNt eennja amnenmttNen In rclMx upm e�rep� rlogf eambRlmtlAekwn plw�A7yedn tRtrreerDM�.ar ii6niltlpral c7 a idn�oRe6n9of tor of InI011tdlaf rn7 D BClA llt3111 REP ESNTATDW AND URRANTES E>VR 3 D AND ftRL ED, b�9 fie holed wArmt, a r..NdwftWb• erd m Ore YMolar ptPdfe. 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Oft .11 of HE if aeoo-080.9 13 5 co LLI ou 0.1 Z 0 pm�vtw,34 TOWN OF PROSPER, TEXAS M-13 ORDINANCE NO, 06-114 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 127.829 ACRES MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TES, HERETOFORE ZONED AGRICULTURE (A) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT DISTRICT (PD-33) FOR CHURCH -RELATED USES; DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and determined that Zoning Ordinance No. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Mooreland Development Company ("Applicant") to rezone 127.829 acres of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and fonn set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the To--.vn Council has further investigated into and determined that it be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: F' din s Inco or ed. The findings set forth above are incorporated into the body Of this Ordinance as if full -..set forth herein. SECTION 2: Amen Iments to Zonin Ord• ce No. 05-20. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the below -described property containing 127.829 acres of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, in the :'own of Prosper, Collin County, Texas, (the "Property's and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Pl-aned Development (PD-33) District for church -related uses. The property is more particularly described in Exhibit "A" attached hereto and incorporated hereof for all purposes as if set forth verbatim, Y The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with 1) the Statement of Intent and Purpose, attached hereto as Exhibit "B"; 2) the Development Standards, attached hereto as Exhibit "C"; 3) the Concept Plan (including Phase I and ultimate build -out), attached hereto as Exhibit "D'; and 4) the Development Schedule, attached hereto as Exhibit "E" which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be tiled and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter, b. One (1) copy shall be filed with the Building Inspector and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time -to -time be made of the official zoning district map. Written notice of any amendment to this Planned Development District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200') of the District to be amended. SECTION 3: No Vested Interest/Repeal No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4: UnIawful Use of Premises It shall be unla:ful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5: Pew Any person, firm, corporation or business entity violating this Ordinance or any prevision of Prosper's Zoning Ordinance No. 05-20, or as amended, sluall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions unposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Severabili . Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and of remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTI 7: Savings/Repealing lause Prosper's Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Effective Date This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN Or PROSPER, TEXAS ON THIS 24th i)AY OF OCTOBER, 2006. APPROVED AS TO FORM: Charles Niswanger, Mayor ATTESTED TO AND CORRECTLY RECORDED BY, Matthew Denton, Town Secretary DATE OF PUBLICATION. , Dallas Morning News — Collin County Addition EXHIBIT A LEGAL DESCRi _1_ 1®N BEING a tract of land situated in the Collin County School Land Survey, Abstract No. 147, Collin. County, Texas and also being .all of a 127.829-acre tract as conveyed to the Godwin Family investments, LTD. as recorded in Volume 5634, Page 3363 of the Deed Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNMG at a point for corner at the northeast corner of said,1'27.829-acre tract, said point being at the northwest corner of a 102.248-acre tract as recorded in Volume 5593, Page 2451, D.R.C.C.T., said point being in prosper Trail; THENCE South. Q1 degree 09 minutes 18 seconds West following the east line of said 127.829-acre tract and the west line of said 102.246-acre tract a distance of 2,629.91 feet to a point for corner; THENCE North 89 degrees 04 minutes 41 seconds West a distance of 2,125.48 feet to a point for corner; THENCE North 01 degree 08 minutes 40 seconds East a distance of 2,610.08 feet to a Point for corner in prosper Trail; THENCE South 89 degrees 36 minutes 45 seconds East following prosper Trail a distance of 2,126.12 feet to the POINT OF BEGINNING and containing 5,569,309 square feet or 127.954 acres of land. ......:..:..:.....:..:: cw s.F. STawc ............:... 5084 �'A�;Q�PrEs to yOQ EXHIBIT b6 99 STATEMENT OF INTENT AND PURPOSE THE PURPOSE OF THIS PLANNED DEVELOPMENT PROPOSAL IS TO CREATE A OFFICE ZONE GEARED TOWARD THE DEVELOPMENT NEEDS FOR THE NORTH CAMPUS OF PRESTONWOOD BAPTIST CHURCH General Descrl tbn: The Prestonwood North Campus Planned Development will encompass 127.854 acres defined as Legal Description: ABS A0147 Collin CO SCH Land #12, BLK3, Tract 169, 127.854 And will provide Prestonwood Baptist Church with the means to develop its' North Campus at Prosper, Texas to meet the growing needs of the community. The Prestonwood North Campus Planned Development will comply with the requirements of the Office Zoning District as a base; with the exceptions as noted in Exhibit "C" Prestonwood North Campus Development -Standards. EXHIBIT 66C99 prest®nwood Baptist North Campus Development Standards _Maximum Buildimg Height: 1. Three (3) stories, not greater than one hundred fifty (150) feet. Where buildings exceed forty (40) feet in height, such buildings shall not be located closer to any residential district boundary line than two hundred (200) feet. 2. Ornamental features may exceed the maximum building, height provided that the ornamental feature does not contain habitable boor area and provided the required setbacks for the .ornamental feature are increased by two (2) feet for every one (1) foot that the ornamental feature exceeds the maximum height. Ornamental features include, but are not limited to towers, spires, steeples, End cupolas. Building_Design: All building designs shall be in accordance with the Town of Prosper Zoning Ordinance No. 05-20, Chapter 4, Section 8. With the follow exceptions: 1. In the Prestonwood North Campus PD, an articulated parapet wall or cornice may be used in place of the sloped roof as required in Section 8.2 (C) and D. Landscaoing: Landscaping shall be provided in accordance with The Town of Pr,;sper Zoning Ordinance No. 05-20, Chapter4, Section 2, Landscaping. The intention of differing from the Town of Prosper Landscape requirements is to promote a more indigenous and or natural prairie -like landscape design to be approved by town staff. With the following exceptions: 1. Perimeter requirements a. The use of indigenous materials such as but not limited to the use of prairie grasses in lieu of trees and shrubs shall be allowed as approved by city staff. Other landscaped area requirements such as widths etc. shall meet the zoning ordinance. With the allowed use of said indigenous plant materials it is presumed these materials will be allowed to grow in their natural state. b. Where a non-residential development is adjacent to the property line residential zoned parcels or areas the i,se of 09-14-06 2 indigenous materials such as prairie grasses in lieu of trees and shrubs shall be allowed as approved by town staff. 2. Interior Parking Requirements C. Landscaped areas may not be required to be protected by a raised six (6) inch concrete curb. d. Landscaped areas shall meet the minimum planting requirements and are allowed to be grouped to the perimeter of the parking areas in a tree lined walkway fashion as approved by town staff. -r`•~ 111WIIL ne- VB eras t.o'nCli�On8 A. Geral Compliance: 1. Except as amended by these conditions, development of Property within The Prestonwood North Campus Planned Development shall comply with the requirements of all ordinances, rules, and regulations of the Town of Prosper, Texas. 2. All paved areas, permanent drives, streets, and drainage structures must be maintained and constructed in accordance with the standards of the Town of Prosper, Texas specifications. 3. The Building Inspector shall not issue a building permit or a certificate of occupancy for a use in a phase of the Prestonwood North Campus Planned Development District until there has been full compliance with this Planned Development and all other rules and regulations of The Town of Prosper, Texas. B. Site Plan Approval: 1. Prior to issuance of a building permit on a lot, a site plan shall be submitted for the lot development in accordance with The Town of Prosper Zoning Ordinance No. 05-20, Chapter 4, Section 1, Site Plan Process. With the following exceptions: a. All development within the Prestonwood North Campus planned Development must obtain prior approval from Prestonwood Baptist Church. 09-14-06 3 f hl cwo-oaoz amain a a a s Sfldpvvo x�,�ON � W IN HUM ZSI09 U00 IKOZS99d n m o 1030'-2" I i I i I K I I � I � I i I � s I I i j I• O a N tt�a-anon asmuga got i€ 11111[SfldN'vo x�2�o� a a w w 39UJ ISI09 90OU01899d ma � uj S � 0 0 N EXHIBIT bbE99 DEVELOPMENT SCHEDULE The development of the Prestonwood Baptist North Campus Planned Development is anticipated to be a multi -phased development with Phase 1 as depicted in Exhibit D2, approximately 22 acres to commence in the year 2007. It is furthermore anticipated that future phases will commence over the next ten (10) to twenty (20) years. 09-14-06 4 TOWN OF PROSPER ZONING APPLICATION Prior to submiMing a zoning application, the applicant is encouraged to discuss the zoning fequest wrfh the Planning Department and area property owners and NOAs. ; Nance of Subdivision/Development: PRESTONWOOD NORTH C;01PUS PLAMED DEV£LOPMBNT { Survey Name: COLLIN COUNTY LAND SURVEY Abstract#. 147 Tract# Location of Property: CORNER OR COOK AND PROSPER TRAIL Total Acreage: 127.e29 Present Zoning (wl acreage if multiple districts): PSC PI Requested Zoning Po - cow 'AL q ng (w/acreage If multiple districts): REQUEST TO REVISE PD RE LANDSCAPE SPECIFIC O Rezoning m Planned Development REVISE EXISTING PD RE LANDSCAPE o Specific Use Permit O Variance Total Fees $ 500.00 base filing fee Application Materials ® Five copies of exhibits prepared in accordance with the zoning, planned development, specific use permit, and/or variance checklist m Application fees m Notification labels, postage worksheet, and postage • Tax statement for the subject property showing no delinquent taxes. Current Property Owner's Name: PRESTONWOOD BAPTIST CHURCH Street Address, City, State, Zip: 6801 WEST PARK BLVD, PLANO, TX Ph# 972.820.5123 Fad 972.820.5056 E_Ma SLUCAS@PRRSTONWOOD.ORO Applicant's Name[ Company: SCOTT LUCAS , PRESTONWOOD BAPTIST CHURCH Street Address, City, State, Zip: 6801 WEST PARK BLVD ph#. 972.820.5123 Fa4 972.820.5056 E4mi: SLUCAS@PRESTONWOOD.OM Representative's Name I Company: JILL P. STYRON-SMITH, PB2 COMPANIES Street Address, City, State, Zip: 7200 WEST I-20, KENMEDALE, TX 76060 Ph#: 817.563.6634 Fax# 817.563.6677 E-Mall: JILL.SMITH@PB2AE.CoM THE STATE OF TEXAS COUNTY OF BEFORE ME, a Notary Public, on this day personally appeared ', 'L' J7q kh&56 the undersigned applicant, who, under oath, stated the following: "I hereby cerfify that I am the owner,,) duly authorized agent of the owner, for the purposes of this application; that all information submitted herein is true and correct." � ,� 1.10,11 , _'ak— Owner, A nt, or epre tative of �, 20 l) KATHY SHORT % Notary Public, State of Texas r Af n t My Commission Expires Ili[ L February 27, 2012 Notary ubl c in and fdr the State of Texas Description of Zoning Request: Office Use Only Receipt #: Date: S� —� Date of Acc6plAc6 of Application 15 IOSPER WN OF To: Mayor and Town Council From: Matthew B. Garrett, Finance Director Cc: Mike Land, Town Manager Re: RFP for Bank Depository Services Agenda Item• ADMINISTRATION Consider and act upon 1) awarding the contract for Bank Depository Services to Independent Bank and 2) approving a resolution authorizing the Town Manager to execute the same. Description of Agenda Item: The Town of Prosper solicited sealed proposals for bank depository services and staff has completed the review of responses. 3 Bidders were notified via email (All three banks operating in Prosper) 2 Bidders responded with Proposals as listed: American Bank of Texas Independent Bank Town staff met with the Town Council Finance Committee on April 5, 2008 to consider both proposals. From our review, with input received from the Finance Committee, staff is recommending that Independent Bank be chosen as the Town's provider of bank depository services. Independent Bank is the low bidder meeting the RFP specifications. If awarded, the Town of Prosper and Independent Bank will be under this agreement for the next two years, beginning July 1, 2008. Copies of the full proposal documents are available for Council review. Budget Impact• While the precise figure is dependent on daily balances and interest calculations, the budget impact should be a net gain since the proposed fixed rate exceeds the current variable rate. If the market provides greater earning opportunities, these can likely be realized through governmental pool accounts. Item No. 8 Page 1 of 1 Legal Obligations and Review: N!A Attached Documents: Summary Evaluation of Bidder Proposals Board. Committee and/or Staff Recommendation: Staff is recommending that Independent Bank be awarded the contract and serve as the Town of Prosper's provider of bank depository services. Item No. 8 Page 1 of 1 TOWN OF PROSPER, TEXAS RESOLUTION NO.08-xxx 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 BANK DEPOSITORY SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER AND THE INDEPENDENT BANK. 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 Bank Depository Services Agreement Between the Town of Prosper and the Independent Bank. SECTION 2: Resolved by affirmative vote of the Town Council on the 22°d day of April, 2008. 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'D dl ,� p W m c C Z — F E W to w m d � c a Y Y Y Y C C Y C C la to in la la Y C Y to in Y C to Y C to Y C la Y C la Y Y Y C C C to la to C m m 0 m m m O m m m m m m m O — C C la C C C la C C C C C C C y C C p Q C C d p to to n � C G tU d 0 C D 47 0 C N C N O C N C C p C 0 0 p tO 0 n n n n n n n a"' n n n n vv°aa)i 'D'D vow vy 10 vy io vvyyv c c a c c c a c c c c c c c M 00 N to t0 O M N O 00 V O to tO 00 O tO CD n 00 co O tO O M O G1 CO O N t0 N O O a tO N 00 0 0 N h co O M O N N O M N Cl) 0 0 55 O O O O N O Coco OO O O O o00 O O 0o O O O N Oro O 0 O O O coo O O O O O O O O O cc O O N O O O O O O U Cl) It Cl) N MO MN It � Y as NN MO 0a 0 v 0 0 v v v 0 4) to LL C N LL U O to U n e� d nE Eon ° v V be 44) 7 w C cm C a aoi U d c > a ccd > o 0 LL CO CO m m N N C C m C C ii C w C C m e o N Yo3mmoo-6 �� to 0 v o m C>, N N m is T% m N N ea m y ii n y d 0 0 U :,, 0 E; N N la , to na �m aa00 OQLL�n as moo c d �0 c o M Ca n �0 `m �W 30o m aNN o_ 3 �Y Y Y amYY yYYa W Ya LLY +'Yin 16Y m YY am O` tti C C C X X C C C to to to N N la la C C X « to la N C X la N N C A A C X l0 N V C m la +� C C X X y to la a) x in in 3mmF- cog Emi- W am Nm �mmF-F- O O O vmrn O N N tM O t00 N O co to N m� 00 N tM l c tO N mom to 01 ao O 00 N tM o t00 N to tOM 01 Goo N ad m N l0 U) O O l0 wain o x x a�� f07 O O no_o cc� W � � C W � O IL W IL IL C U N z Ew V9 a O ° H m c O C a U V W a In (D ; ~O u0 c O F H E O m H J W m H �- 0 p TOWN SPER To: Mayor and Town Council From: Wade Harden, Senior Planner PARKS A RECREATION Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Intergovernmental Agreement with PISD Date: November 5, 2007 Agenda Item: Consider and act upon 1) an Interlocal Agreement with the Prosper Independent School District, regarding the master plan development of the 57 acre Community Park. (WH) Description of Agenda Item: The attached agreement with the Prosper Independent School District (PISD) is scheduled for review and possible approval by the PISD at the April 21st School Board meeting. At the same meeting the School Board is expected to enter into contract with a consultant for the design of the 126.6 acre site, with 57 of the acres being the Town of Prosper's park site. As drafted the Town agrees to share the costs of the master planning at 45% of the total contract cost, 45% being roughly the percentage of land owned by the Town out of the 126.6 acres. The actual payment will be to the PISD as a reimbursement for invoices submitted to the Town and PISD. The agreement also requires the consultant selected by the School Board to give monthly updates to the Town of Prosper Parks and Recreation Board until the completion of the master plan. Additional updates will be given at the time of the April 22 Town Council meeting. Budget Impact: Funding for the design services will be paid from the 06' Bond funds. Legal Obligations and Review: No legal review has occurred regarding this specific item. Attached Documents: • A copy of the proposed agreement is attached. • Resolution Agenda Item No. 10 - Page 1 of 2 Town Staff Recommendation: Town staff, recommends the Town Council enter into the agreement with the Prosper Independent School District and approve a resolution authorizing the Town Manager to execute the same. Agenda Item No. 10 - Page 2 of 2 INTERGOVERNMENTAL JOINT USE AGREEMENT This Intergovernmental Joint Use Agreement ("Agreement") is made and entered into this day of , 2008, by and between the Town of Prosper, Texas, a municipal corporation organized under the laws of the State of Texas ("Town"), with the authorization of its governing body, and the Prosper Independent School District, a political subdivision of the State of Texas ("District"), with the authorization of its governing body (collectively referred to as the "Parties"). WHEREAS, the Town owns real property inside the extra territorial jurisdiction of the Town containing 57.0± acres, more or less, known as the 57 Acre Community Park more specifically described as ABSTRACT A0147 COLLIN COUNTY SCHOOL LAND #12, BLOCK 2, TRACT 79, ACRES 57.000 as shown on the attached Exhibit "A" ("Park Property"); WHEREAS, the Prosper Independent School District owns real property inside the extra territorial jurisdiction of the Town, being two tracts containing 69.623 ± acres, more or less, known as the Prosper High School Stadium Site more specifically described as ABSTRACT A0147 COLLIN COUNTY SCHOOL LAND #12, BLOCK 2, TRACT 4, ACRES 49.5920 and ABSTRACT A0147 COLLIN COUNTY SCHOOL LAND #12, BLOCK 2, TRACT 5, ACRES 20.0310 as shown on the attached Exhibit `B" ("Prosper Independent School District Property"); WHEREAS, the Park Property and Prosper Independent School District Property are adjacent to one another, WHEREAS, Town and District recognize that the taxpayers of each entity are best served by the maximum utilization of facilities gained through development of a master planning document, thereby minimizing the need for costly duplication of similar facilities; WHEREAS, the parties agree to share the cost of the master plan design on a per acre basis. The Town of Prosper for responsible for 45% (57 ± acres) of the costs incurred and the Prosper Independent School District for the remaining 55% (69.623 ± acres) of the costs incurred; WHEREAS, the parties agree to develop their respective tracts of land in accordance with the master planned document approved by the Town of Prosper Parks and Recreation Board, The Town of Prosper Council, and the Prosper Independent School District Board; WHEREAS, the Parties have determined their participation in this Agreement serves a public purpose; WHEREAS, the Parties will retain public control over the funds subject to this Agreement to ensure that the public purpose is achieved; WHEREAS, the Parties have determined that they will receive a return benefit for their participation in this Agreement; and Intergovernmental Joint Use Agreement (Development) Page 1 January 08' WHEREAS, the Parties are authorized by law to enter into this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. Term. a. Primary Term. The primary term of this Agreement shall be to the completion of the master plan document. 2. Obligations. A. Obligations of Town. i) Town shall reimburse the Prosper Independent School District for forty-five (45) percent of the master planning costs of the 126.623 acre site. The Town shall reimburse the Prosper Independent School District within thirty (30) days upon receiving an invoice. ii) The Town of Prosper Parks Board shall give direction and input to the Consultant in a timely manner as to not cause delay in the process. B. Obligations of District. i) Prosper Independent School District agrees to enter into a contract with a qualified Consultant for the development and design of a master plan for the 126.623 acre site consisting of Town property and Prosper Independent School District property by no later than April 30, 2008. ii) Prosper Independent School District shall fund 100% of the master planning costs as agreed to by the Prosper Independent School District Board. The Prosper Independent School District shall provide the payment to the approved design consultant within thirty (30) days after receiving the documented invoice. iii) Prosper Independent School District, as part of its agreement with the selected Consultant, shall require the Consultant to complete all master plan document no later than August 31, 2008. iv) Prosper Independent School District shall require two invoices from the selected Design Consultant one of which shall be provided to the Town of Prosper. The Town shall reimburse the Prosper Independent School District forty-five (45) percent of the total of the invoice as agreed to in Section 2.A.i. of this agreement. C. Joint Obligations of the Parties. i) Upon the selection of a Consultant by the Prosper Independent School District, the Town of Prosper and the Prosper Independent School District shall arrange for a joint meeting with the Consultant to give direction and the design parameters to Intergovernmental Joint Use Agreement (Development) Page 2 January 08' the Consultant. Following the meeting the Consultant shall present monthly updates for review and to receive comments from the Town of Prosper Parks and Recreation Board. Monthly updates will be provided up to the time the final master plan document is prepared. ii) Upon completion of the master plan, the Prosper Independent School District and the Town of Prosper shall arrange a meeting to review, discuss, and a agree to the entity responsible for the improvements as documented on the master plan. C. Compliance with the Law. Parties will insure that all processes within the execution of the agreement will comply with applicable federal, state and local laws. The Prosper Independent School District and Town will not be responsible for the compliance of third parties with this provision. 7. Default. Failure of a Party to abide by any of the terms and conditions of this Agreement shall constitute an Event of Default. In the event of a non -monetary default, the non -defaulting Party shall notify the defaulting Party of such event of default in writing. If the non - monetary event of default does not involve the safety of person or property, in the sole determination of the non -defaulting Party, the defaulting Party shall have thirty (30) days from the date of notice within which to cure the default; or if the default is not susceptible of being cured within such thirty (30) day period, the defaulting Party shall have ten (10) days from the date of notice to commence cure of the default and shall continuously and vigorously pursue the same to completion. In the event of a monetary default or a non - monetary default which has not been cured within the time set forth above, the non - defaulting Party shall have the right to immediately terminate this Agreement. 8. District Board and Town Council Approval. This Agreement is entered into by District pursuant to a resolution passed by its Prosper Independent School District Board of Trustees dated April 21, 2008, authorizing the Superintendent to execute the same on behalf of the Prosper Independent School District, and by Town pursuant to a resolution passed by its Town Council dated April 22, 2008, authorizing the Town Manager to execute the same on behalf of the Town of Prosper. 9. Miscellaneous Provisions. A. Notices. Any notice required or permitted under this Agreement shall be given when actually delivered or when deposited in the United States mail as certified mail addressed as follows: To District: Prosper Independent School District Superintendent P. O. Box 100 Prosper, Texas 75078 Intergovernmental Joint Use Agreement (Development) Page 3 January 08' Telephone: 972-346-3316 Facsimile: 972-346-9247 To Town: Town of Prosper Town Administrator P.O. Box 307 Prosper, Texas 75078 Telephone: 972-346-2640 Facsimile: 972-347-2304 B. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the Parties hereto. C. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and exclusive venue shall be in Collin County, Texas. D. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. E. Sovereign Immunity. Nothing in this Agreement shall be deemed a waiver of the governmental, sovereign, or official immunity afforded by law to either the Town or District, nor shall this Agreement be deemed to alter the limitation of liability for recreational uses in Chapter 75 of the Civil Practice and Remedies Code, as it exists or may be amended. F. Non -Transferable. Neither party hereto shall sublet, transfer or assign any of its rights hereunder to a third party. G. Cumulative Remedies. All rights and remedies of Town and District under this Article shall be cumulative, and none shall exclude any other right or remedy provided by law, or by any other provisions of the Agreement. All such rights and remedies may be exercised and enforced concurrently and whenever, and as often, as occasion for their exercise arises. H. Waiver of Breach. A waiver by either Town or District of a breach of the Agreement by the other party does not constitute a continuing waiver or a waiver of any subsequent breach of the Agreement. I. Parties Bound. The Agreement shall be binding upon, and inure to the benefit of, the Parties to the Agreement and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Agreement. J. Legal Construction. In case any one or more of the provisions contained in the Agreement shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the Agreement, and the Intergovernmental Joint Use Agreement (Development) Page 4 January 08' Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been included in the Agreement. K. Equal by all Parties. The Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of the Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. L. Amendment. No amendment, modification, or alteration of the terms of the Agreement shall be binding unless it is in writing, dated subsequent to the date of the Agreement, and duly executed by the parties to the Agreement. M. Force Majeure. Neither Town nor District shall be required to perform any term, condition, or covenant in the Agreement so long as performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riots, floods, and any other cause not reasonably within the control of Town or District and which by the exercise of due diligence Town or District is unable, wholly or in part, to prevent or overcome. N. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the Parties do not intend to create any third party beneficiaries by entering into this Agreement. TOWN OF PROSPER, TEXAS Mike Land, Town Manager Date: Attest: Matt Denton Town Secretary Intergovernmental Joint Use Agreement (Development) Page 5 January 08' PROSPER INDEPENDENT SCHOOL DISTRICT Drew Watkins, Superintendent Date: Intergovernmental Joint Use Agreement (Development) Page 6 January 08' t p TOWN S PER. To: From: Cc: Re: Date: Agenda Item: PARKS A RECREATION Mayor and Town Council Wade Harden, Senior Planner Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Town Council Meeting — April 22, 2008 April 17, 2008 Consider and act upon 1) an award of bid to S.P.S.D., Inc., 2) enter into a contract agreement with S.P.S.D. Inc., regarding the construction services for the Folsom Park Improvements Project and 3) adopt a resolution authorizing the Town Manager to execute the same. (WH) Description of Agenda Item: On April 15, 2008, six (6) bid proposals were received for the Folsom Park Improvement Project. S.P.S.D., Inc. provided a base bid of $512,373 which includes six sodded soccer fields, loop trail, landscaping, retaining walls, grading work, select fill, irrigation and sports field lighting for one of the fields. With alternates (A3) a drinking fountain, (A4) park benches, (A5) a bike rack, (A6) trash receptacles, (A7) a parking area, and (A8) '/2 " PVC potable water supply selected; S.P.S.D., Inc. provided the lowest responsible bid of $549,869 (see bid tabulation). Budget Impact: Funds from the 2004 CO Bonds will be leveraged at a dollar for dollar match up to $390,000 by a Collin County Parks & Open Space Grant approved in 2007. The total out-of-pocket expense on the contract, after reimbursement of the grant funds through Collin County, will total $274, 934.50. Legal Obligations and Review: The contract is a standard construction contract previously approved by the Town Attorney. Attached Documents: The following documentation is being provided for review: Bid Tabulation —1 page Standard Form of Agreement — 2 pages Resolution Authorizing the Town Manager to execute the Agreement —1 page Agenda Item No. 11 - Page 1 of 2 Park and Recreation Board Recommendation: No recommendation has been made on this item by the Parks and Recreation Board (PARBd). Due to the time sensitive nature of the project this item is being brought before the Town Council so there will be no delays in the award of the contract. The PARBd will review the bid at their regularly scheduled April 24th, 2008 meeting. Town Staff Recommendation: Town staff recommends the Town Council: 1) approve the bid to S.P.S.D., Inc., in the amount of $549,869 including alternates — A3, A4, A5, A6, A7 and A8, 2) enter into contract agreement with S.P.S.D. Inc., regarding the construction services for the Folsom Park Improvements Project and 3) adopt a resolution authorizing the Town Manager to execute the same. Agenda Item No. 11 - Page 2 of 2 STANDARD FORM OF AGREEMENT STATE OF TEXAS § COUNTY OF § THIS AGREEMENT ("Contract'l, made and entered into this day of . 20 by and between the TOWN OF PROSPER, Texas hereinafter termed OWNER, a Texas Municipal Corporation, of the County of Collin and State of Texas, and , of the City of County of , and State of hereinafter termed Contractor. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, and under the conditions expressed In the bond bearing even date herewith, the said CONTRACTOR hereby agrees with the said OWNER to commence and complete the construction of certain improvements generally described as follows: — FOL,SOM PARK SITE IMPROVEMENTS --- Construction of site improvements including, but not limited to sports fields, concrete fiatwork, sports field lighting, grading, retaining walls, park furnishings, landscaping, irrigation, erosion control, and turf. and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expenses to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Advertisement for Proposals, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specificatlons and addenda therefore, as prepared by herein entitled the LANDSCAPE ARCHITECT, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written Proposal, and the Performance and Payment Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract (hereinafter collectively called the "Contract Documents" or the "Contract"). The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete the same within calendar days after the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR In current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. SF-1 IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. TOWN OF PROSPER, TEXAS Party of the First Part (OWNER) By: Party of the Second Part (CONTRACTOR) By: ATTEST: ATTEST: 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 CONSTRUCTION CONTRACT BETWEEN S.P.S.D., INC. AND THE TOWN OF PROSPER. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a Construction Contract between S.P.S.D., Inc. and the Town of Prosper. SECTION 2: Resolved by affirmative vote of the Town Council on the 22"d day of April, 2008. Charles Niswanger, Mayor ATTEST: Matthew Denton, Town Secretary