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04.13.2010 Town Council Packet
ISPER OWN OF 1. Call to Order / Roll Call. 2. Invocation and Pledge of Allegiance. AGENDA Regular Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, April 13, 2010 at 6:00 p.m. 3. Announcements of dates and times of upcoming community events. PRESENTATIONS 4. Recognition of J.D. McRae of Pogue Construction as the recipient of the Building Inspection's 2009 Builder of the Year Award and of Anthony McKenzie with Legacy Homes as First Runner -Up and Garon Bruce with Highland Homes as Second Runner -Up of the Award. (WS) CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item without comment and may submit written comments as part of the official record.) 5. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) March 23, 2010 — Town Council Meeting ORDINANCES, RESOLUTIONS, AND AGREEMENTS b. Consider and act upon an ordinance rezoning 0.7f acre, located on the northeast corner of Lane Street and First Street (701 E. First Street), from Single Family (SF-15) to Downtown Office (DTO). (Z10-0002). (CC) C. Consider and act upon 1) an amendment to the development agreement between the Town of Prosper and Wilbow-Prosper One Development Corporation regarding the development of the Greenspoint subdivision and 2) adopt a resolution authorizing the Town Manager to execute the same. (WI) d. Consider and act upon an ordinance adopting the 2006 edition of the International Property Maintenance Code regulating all existing residential and nonresidential structures and all existing premises by establishing minimum requirements and standards. (WS) e. Consider and act upon an amendment to Chapter 3 (Building Regulations) adopting regulations for securing of vacant structures and the repair, removal, or demolition of substandard or uninhabitable buildings or structures (dangerous structures ordinance). (WS) E Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. (CC) Page 1 of 2 g. Consider and act on a resolution approving the First Amendment to the Preannexation Agreement between the Town of Prosper, Mahard 2003 Partnership, Mahard Egg Farm Inc, and Forest City Prosper Limited Partnership. (ML) h. Consider and act upon 1) an Interlocal Cooperation Agreement between the City of Frisco and the Town of Prosper concerning the collection, transportation, processing and disposal of solid waste and recyclable materials is a governmental function of which both Frisco and Prosper are engaged for the benefit of their citizens, 2) adopt a resolution authorizing the Town Manager to execute the same. FINANCIALS i. Consider and act upon the financial statements ending February 28, 2010. (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.) DEPARTMENT ITEMS 6. Consider and discuss budgeted water and sewer rate increases, expected FY 2009-2010 shortfalls and future revenue requirements. (ML) 7. Staff report and discussion on Finance Committee Meeting held on March 26, 2010. (ML) 8. Consider and act on a resolution authorizing the Town Manager to enter into a contract with Public Sector Personnel Consultants to perform a comprehensive compensation analysis for the Town of Prosper. (ML) 9. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 10. 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 an readily accessible to the general public at all times, and said Notice was posted by the following date and time: Friday, April 9, 2010 at 5:00 p.m. and reed so posted at least 72 hours before said meeting was convened. Ktthew D. Denton, TRMC Date Noticed Removed own Secretary In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Government Code at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the Town Secretary's Office at (972) 346-2640 or by FAX (972) 347-2I 1 I. BRAILLE IS NOT AVAILABLE. Page 2 of 2 IOSPER WN OF Prosper is a place where everyone matters. To: Mayor and Town Council Building Inspections Agenda Item No. 4 From: Wayne K. Snell Jr., CBO, Building Official Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — April 13, 2010 Date: April 5, 2010 Agenda Item: Recognition of J.D. McRae, Superintendent, Pogue Construction as the recipient of the Building Inspection's 2009 Builder of the Year Award and Anthony McKenzie of Legacy Homes as First Runner -Up and Garon Bruce with Highland Homes as Second Runner -Up of the Award. Description of Agenda Item: Although the Town of Prosper is fortunate to have a great deal of experienced and qualified builders, J.D. McRae, Superintendent of Pogue Construction, Anthony McKenzie of Legacy Homes, and Garon Bruce with Highland Homes were chosen as recipients of the Building Inspection's 2009 Builder of the Year Award because of their outstanding overall performance. During the previous year, these builders had the fewest re -inspections, had their projects ready for inspection when an inspection was scheduled, properly maintained their lots on which they were building, consistently submitted complete building plans and applications, and maintained exceptional communications with the Building Inspections Division. For these reasons, the Building Inspections Division presented J.D. McRae, Superintendent of Pogue Construction as the recipient of the Building Inspection's 2009 Builder of the Year Award. Anthony McKenzie of Legacy Homes was First Runner -Up and Garon Bruce with Highland Homes was Second Runner -Up of the Award. Town staff is asking the Town Council to recognize these individuals for their excellent work. Budget Impact: None Legal Obligations and Review: N/A Attached Documents: Copies of the placards to be presented to the award recipients Agenda Item No.4 - Page 1 of 2 Board. Committee and/or Staff Recommendation: Town staff recommends that the Town Council recognize J.D. McRae, Superintendent of Pogue Construction as the recipient of the Building Inspection's 2009 Builder of the Year Award and Anthony McKenzie of Legacy Homes as First Runner -Up and Garon Bruce with Highland Homes as Second Runner -Up of the Award. Agenda Item No.4 - Page 2 of 2 0 2009 Builder of the Year Awards Builder of the Year J.D. McRae Superintendent, Pogue Construction, Prosper High School Project Q n o Nominations were made by the Building Inspectors based on the following criteria: Quality of work in the construction industry, consistency in being ready for inspection when called for, minimal number of code violations during inspection process, and productivity and excellence of work done by each builder. V All winners showed excellent work ethic and principles and a great deal of pride in the projects they built here in the Town of Prosper. a p 1 a 2009 Builder of the Year Awards First Runner -Up Anthony McKenzie Legacy Homes in the Glenbrooke Estates Development Q o a Nominations were made by the Building Inspectors based on the following criteria: Quality of work in the home building industry, consistency in being ready for inspection when called for, minimal number of code violations during inspection process, and productivity and excellence of work done by each builder. All winners showed excellent work ethic and principles and a great deal of pride in the project homes they built here in the Town of Prosper. TOWN OF D PI&SPER a 0 2009 Builder of the Year Awards Second Runner -Up Garon Bruce Highland Homes in the Lakes of Prosper Development Nominations were made by the Building Inspectors based on the following criteria: Quality of work in the home building industry, consistency in being ready for inspection when called for, minimal number of code violations during inspection process, and productivity and excellence of work uAl done by each builder. Cru All winners showed excellent work ethic and principles and a t great deal of pride in the project homes they built here in the Town of Prosper. -. ° PI&SPER Q Is a a ISPER OWN OF 1. Call to Order / Roll Call. The meeting was called to order at 6:01 p.m. Roll call was taken by Mayor Pro-Tem Smith. MINUTES Regular Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, March 23, 2010 at 6:00 p.m. Council present included: Mayor Pro-Tem Ray Smith, Deputy Meigs Miller, and Danny Wilson. Staff present included: Mike Land, Town Manager; H Tolleson, Executive Director of Economic Development; Planner; Matthew Garrett, Finance Director; and Matthewj, 2. Invocation and Pledge of Allegiance. The Invocation was given by Pastor Glen Gabbertt, Mayor Pro-Tem Smith led the Pledge of Alle' 3. Announcements of dates and times Mike Land, Town Manager, Prestonwood Community Ro, CONSENT AGENDA ►! MINUTES a. Conside'r"iand�act upon minfites from 0 — Town Council Meeting Town Tem Kenneth Dugger, David Vestal, of Development Services; Dan Planner; Wade Harden, Senior be held on April 15, 2010 at the Council meetings. (MD) b. Consider and act upon wF&olution granting Arson -Peace Officer authority to the Fire Marshal and or designee to investigate the cause, origin and circumstances of any fire, explosion or other hazardous conditions as prescribed by the 2003 International Fire Code as adopted by Ordinance No.04-98. (RT) C. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. (CC) Page 1 of 3 d. Consider and act upon 1) an award of bid to S.P.S.D., Inc., regarding the construction services for the Boyer Park Improvements Project and 2) adopt a resolution authorizing the Town Manager to execute the same. (WH) Motioned by Councilmember Vestal, seconded by Deputy Mayor Pro-Tem Dugger to approve consent agenda items a through d. Motion approved 5-0. e. Consider and act upon park fee and dedication credits for Prosper Estates and Mansions multi- family development. (WH) Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Councilmember Vestal to table item 4e. Motion approved 5-0. CITIZEN'S COMMENTS 5. Other Comments by the Public. Robert Wierschem spoke to council regarding the drainage in> a Highland Meadows subdivision. REGULAR AGENDA PUBLIC HEARINGS 6. A public hearing to consider and act upon a request to rezone 0.7f acre, located on the northeast corner of Lane Street and First Street 001 E. First Street), from Single Family (SF-15) to Downtown Office (DTO). (Z10-0002). (CC) n, Chris Copple, Senior Planner, gave council. background information oQ this item. Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Councilmember Miller to open the public hearing. Motion approved 5-0. Mayor Pro-Tem Smith opened the public hearing at 6:16 p.m. There were no comments from the public. Motioned by Councilmember Miller, seconded by Deputy Mayor Pro-Tem Dugger to close the public hearing. Motion approved 5-0. Mayor Pro-Tem Smith closed the public hearing at 6:17 p.m. Motioned by Councilmember Miller, seconded by Deputy Mayor Pro-Tem Dugger to approve a request to rezone 0.7f acre, located on the northeast corner of Lane Street and First Street (701 E. First Street), from Single Family (SF-15) to Downtown Office (DTO). Motion approved 5-0. 7. A public hearing to consider and act upon a request to rezone 1.1± acres, located on the south side of Prosper Trail, 500f feet west of Preston Road, from Commercial (C) to Planned Development -Retail (PD-R). (Z10-0001). (CC) Chris Copple, Senior Planner, gave council background information on this item. Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Councilmember Wilson to open the public hearing. Page 2 of 3 Motion approved 5-0. Mayor Pro-Tem Smith opened the public hearing at 6:27 p.m. Dan Tolleson, Executive Director of the Economic Development Corporation, spoke in favor of the requested rezoning. Bruce Carlin, 921 Grapevine Ct, spoke against the proposed rezoning. Paula Correll, 841 Clear Lake Drive, spoke against the proposed rezoning. Mike Wadsworth, 627 Creek View Drive, spoke in favor of the proposed rezoning. Motioned by Deputy Mayor Pro -Tern Dugger, seconded by Councilmember Miller to close the public hearing. Motion approved 5-0. Mayor Pro-Tem Smith closed the public hearing at 6:44 p.m. A10 Corey Christianson, property owner, answered questions for council`. Motioned by Mayor Pro -Tern Dugger, seconded by Councilmember Miller to approve the request to rezone 1.1f acres, located on the south side of Prosper Trail, 500f feet west of Preston Road, from Commercial (C) to Planned Development -Retail (PD-R). (Z10-0001) Motion approved 5-0. DEPARTMENT ITEMS 8. Discuss the status of the Broadway Street reconstruction.' Mike Land, Town Manager, discussed the status of the Broadway Street reconstruction project. 9. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Councilmember Vestal requested. an item be placed on a future agenda regarding development opportunities with the railroad. . Councilmember Miller requested the council discuss tle`possibility of using a paperless packet system. 10. Adjourn..Nk Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Councilmember Wilson to adjourn. Motion approved 5-0. Mayor Pro-Tem Smith adjourned the meeting at 7:27 p.m. Attest: Matthew D. Denton, TRMC Town Secretary Ray Smith, Mayor Pro -Tern Page 3 of 3 ISPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Chris Copple, AICP, Senior Planner PLANNING Agenda Item No. 5b Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — April 13, 2010 Date: April 6, 2010 Aaenda Item: Consider and act upon an ordinance rezoning 0.7t acre, located on the northeast corner of Lane Street and First Street (701 E. First Street), from Single Family (SF-15) to Downtown Office (DTO). (Z10-0002). Description of Agenda Item: At the March 23, 2010 meeting, the Town Council approved zoning case Z10-0002 by a vote of 5- 0. Town staff has prepared an ordinance rezoning the property. 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 0.7t acre, located on the northeast corner of Lane Street and First Street (701 E. First Street), from Single Family (SF-15) to Downtown Office (DTO). (Z10-0002). Agenda Item No. 5b - Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 10-_ AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 0.736 ACRE, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147 (701 EAST FIRST STREET), 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 DOWNTOWN OFFICE (DTO); 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 Brown & Griffin Real Estate Advisor, LP ("Applicant") to rezone 0.736 acre of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147 (701 East First Street), 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the property containing 0.736 acre of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147 (701 East First Street), 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 Downtown Office (DTO). 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: Penally. 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 131' DAY OF APRIL, 2010. APPROVED AS TO FORM: Ray Smith, Mayor Pro-Tem ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary DATE OF PUBLICATION. Dallas Morning News — Collin County Addition Z10-0002: ExHIB[r A i Betty Gotcher Stewart Gina Gail William E. & Debra Bomar Carolyn A. & James E. Carmen Sr. j Collin County Rutherford Collin County School Land #12 Eastern Heights School Land #12 Collin County _ Blk. 7, Tr. 32 _ _ _ Blk. 1, Lot 4A, 5B Blk. 7, Tr. 36 School Land #12 — Existing zoning — ExlsfigZoning Existing zoning: Blk. 7, Tr. 35 Single FaMy-15 Existing Zoning: single Famiy-15 Single FarrW-15 ro`O Futwe Land Use: ure Land Use: ^ Future Land Use OTCD-Single Farroly OFT D-Sngle Family fSfng1eFarrW-15 OTCD-Single Family / Future Land Use: \ / OTCD-Single Family _ \ Sammy Joe Ramsey Jr. Terrance G. & / s S Eastern Heights Linda C. Quigley / Kelli & O Juretta Kennedy BIk. 1, Lot SA, 6B Collin County Jason Bates School Land #12 " Collin County School Land #12 ty Existing zoning Blk. 7, Tr. 38' Collin County fin w BIk. 7, Tr. 179 single Famy-15 v — School Land#12 N 3 Existing zoning. Future Land Use: Existing zoning Blk. 7, Tr. 37 C Single Family-15 OTCD-Single Family N Single Family-15 M J Future Land Use: Future Existing zoning: Land Use: OTCD-Single FeMly single Family-15 1�0 OTCD-Single Family [ Future Land Use: [ OTCDSsngle Family t Jimmy Chas Spradley 1 Existing zoning, POB Single Family-15 Eastern Heights Ernest Mahard Daniel A. & e6.14T41•w I Future, Land Use: 33.143'N Blk. 1, Lot 6A OTCD•Shg'eFamly Collin County Carrie Gappinger School Land #12 Collin County I Jim C. & a � Blk. 7, Tr. 40 School Land #12 3JE Holdings, Ltd Clayton & 75' Carol Spradley Blk. 7, Tr. 39 Collin County Megan Walvoord I Collin County Existing zoning: Single Existing Zoning: Brown & Griffin School Land #12 Collin County I School Land #12 Land Use Single Family -is Future Land usa: iV • Real Estate Blk. 7, Tr. 34 School Land #12 Blk. 7, Tr. 191 m OTCD-Office Future Land Use: I N Advisor, LP Existing Zoning Blk. 7, Tr. 24 I (sting zoning. - Family & office Single Famiy-15 Single Family-15 ExiiSin� I Future Land Use: : Collin County -Future Land Use. Fa y 1: School Land #12 orco-singroFaMty I OTCD-Once _� Future Land Use: Blk. 7, Tr. 30 OTCD-office I Existing Zoning: Mildred Juanice Daniel A. & Single Family-15 I Stanton Et AI Carrie Gappinger Future Land Use: I Collin County I Collin County School Land #12 OTCD-Office School Land #12 I Blk. 7, Tr. 25 I Blk. 7, Tr. 177 Requested RequesI Existing zoning: I Zoning: Single Family.15 Existing Zoning:I Single Family-15 Downtown I Future Land Use: Future Land Use: Office I OTCD•OIRce • I OTCD-Office I 'sue I I 70 I First St. (Variable Width ROVV� I tho I(Future 3 lane rou Mare-60 OW) _ Gerald Gay 1 Sean Stansell Mrs. R.H. Willis John Christie Metro Auto David R. Williams G & M G & M Investments Potvin Etux \ I Collin County Collin County Collin County Car, Inc. Collin County Investments The Village of Prosper Collin County School Land School Land #12. School Land Collin County School Land #12 The Village Blk. A, Lot 4 School Land #12 Blk. 7, Tr. 104 #12 School Land #12 Blk. 7, Tr. 141 of Prosper Extsligzoning: #12 Blk. 7, Tr. 133 Blk. 7, Tr. 142 Blk. 7, Tr. 143 Existing Zoning- Blk. A, Lot 5 Downtown Office Existing Zoning: Blk. 7, Tr. 131 �Fkating Zoning• single Famiy-15 Single Family-15 Existig Zoning• Existing Zoning. Future Land Use: OTCD•oMce Existing Zoning: Existing zoning: single Famly-15 Future Land Use: Downtown Ofte single Farnily-15 Future Land Use: Downtown Ofte / G & M Investments Future Land Use: single Fand orCD-office 'ao Future Land Use: Future Land use: OTCD-Office Future Land Use: Use orco-omcdeu�_ orco-or&ce orco-omce orco-onica orco-omca The Village of Prosper c \ / Blk. A, Lot 3 \ \ / — Existing Zoning: / Downtown office \ \ / Future Land Use. / orco-omce Owner Brown & Griffin Real Estate Advisor, LP PO Box 129 Prosper, TX 75078 Notes No one hundred year floodplain exists on the property L. Prepared 02/17/10 F Legend 11701 E. First St. 0 Subject Property Collin County a 1. 1200Buffer School Land #12 1 J. Property Lines Abstract 147, Blk. 7, Tr. 30 2' Contours Requested Zoning: Vicinity Map i POB Point of Beginning Downtown Office 1 in = 1 mile 0 30 W 120 Gross Acres:.0736 Feet Net Acres: .0538 IOSPER WN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Wade Harden, Senior Parks Planner PARKS & RECREATION Item Number 5c Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Mike Land, Town Manager Re: Town Council Meeting —April 13, 2010 Date: April 6, 2010 Anenda Item: Consider and act upon 1) an amendment to the development agreement between the Town of Prosper and Wilbow-Prosper One Development Corporation regarding the development of the Greenspoint subdivision and 2) adoption of a resolution authorizing the Town Manager to execute the same. Description of Agenda Item: The final plat for Collinsbrook, Phase 1 was approved by the Council at their September 13, 2005 meeting. The developer of this subdivision will be required to construct a great deal of off - site water lines that are included on the Town's current Capital Improvement Plan (CIP). Since the lines are included on the CIP, the developer is eligible for credits to his water impact fees. The subdivision is also located adjacent to First Street. This section of First Street is not yet improved. Therefore the developer must also either construct a portion of First Street, or participate in an agreement between the Town and the County to have the County pave First Street between Coit Road and Custer Road. The developer intends to dedicate park land to the Town and construct hike and bike trails along that park land. The construction cost of the trails is also eligible for park improvement fee credit. The purpose of the attached agreement is to define the improvements to be constructed by the developer, the impact and park fees to be paid by the developer, the impact and park fee credits due to the developer from the Town, and the method of reimbursement to the developer for those construction costs that exceed the amount of impact or park fees. Following is an outline of each party's obligations as proposed in the attached agreement: Obligations of the Developer • The developer shall construct a 12" water line along Coit Road from Whispering Farms to the entrance of this subdivision. • The developer shall construct a 12" water line along First Street from La Cima Blvd to the entrance of this subdivision. • The cost of these two water lines is estimated to be $318,942. • The developer shall prepay the thoroughfare impact fees for the first phase, 91 lots or $136,318 within 45 days of a request from the Town or within 30 days of final acceptance of the subdivision, whichever is earlier. Agenda Item No. Sc - Page 1 of 2 • If the proposed agreement with the County to construct First Street from Coit Road to Custer Road is not progressing at an acceptable rate, the developer shall construct First Street from Coit Road to the east edge of their property to County standards. In this event, the developer shall still prepay the thoroughfare impact fees to assist with the agreement with the County. • The developer shall dedicate 6.18t acres of land to the Town to meet park dedication requirements. This land is located along the creek that is adjacent to the east side of this property. • The developer shall construct a trail head and a hike & bike trail within the park dedication property. The cost of these improvements shall not be less than $91,000. • The developer agrees to dedicate the surface area of the lake that is adjacent to future phases, if the developer purchases and develops the future phase. • Developer shall also construct a hike & bike trail along Coit Road adjacent to a future phase of the subdivision that is currently owned by Chuck Green. Obligations of the Town • The Town shall credit the water impact fees for every lot within Collinsbrook Phase 1 to repay a portion of the off -site water line costs by the developer, totaling $150,332 in credits. • The Town will repay the developer the additional $168,610 of off -site water costs from the first available water impact fees collected. This repayment shall be made within 10 months of final acceptance of the water line. • The Town shall use the prepaid thoroughfare impact fees to complete the agreement with the County to pave First Street from Coit Road to Custer Road. • The Town agrees that the 6.1t acres of park dedication will meet all park dedication requirements for Greenspoint Phase 1. Wilbow will be required to dedicate an additional 4.68t acres to fulfill the Greenspoint Phase 2 park land dedication requirements. • The cost of the trail and trail head improvements will be credited toward park improvement fees for Greenspoint Phase 1 and Phase 2. • The Town agrees to set the amount of the sewer impact fees for Greenspoint Phase 1 at $1,426 per lot. These fees will be paid at the time of permit, as is typically done. The obligations described above represent the deal points for this agreement. The agreement has been forwarded to the Town Attorney for review. The Budget Impact: The financial impacts of this agreement are discussed above. Legal Obligations and Review: The proposed agreement has been reviewed by the Town's Attorney. Attached Documents: • Proposed Amendment #1 to the Greenspoint/Collinsbrook Development Agreement • Resolution. Board. Committee and/or Staff Recommendation: Town staff recommends the Town Council: 1) approve amendment number one to the Greenspoint f.k.a. Collinsbrook Development Agreement; and 2) adopt a resolution authorizing the Town Manager to execute the same. Agenda Item No. Sc - Page 2 of 2 After Recordine Return To: Town Manager Town of Prosper P. O. Box 307 Prosper, Texas 75078 "NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS' LICENSE NUMBER." FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Greenspoint f/k/a Collinsbrook Development) THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this "First Amendment") is made and entered into as of the day of , 2010, by and among WILBOW-PROSPER ONE DEVELOPMENT CORPORATION, a Texas corporation ("Wilbow-Prosper"), WILBOW-GREENSPOINT DEVELOPMENT CORPORATION, a Texas corporation ("Wilbow-Greenspoint"), (collectively referred to as "Wilbow") and the TOWN OF PROSPER, TEXAS, a Texas home -rule municipality ("Town"); and WITNESSETH: WHEREAS, Wilbow-Prosper and Town entered into that certain Development Agreement (the "Development Agreement"), dated January 27, 2006, and filed of record on February 1, 2006 under Clerk's File No. 20060201000134650, Collin County Land Records, whereby Wilbow-Prosper was granted certain rights and undertook certain obligations relating to, among other things, that certain property owned, or potentially to be owned in the future, by Wilbow-Prosper as described therein (the "Pro a "), which agreement is incorporated herein by reference; and WHEREAS, the Development Agreement and First Amendment are collectively referred to herein as the "Agreement"; and WHEREAS, Exhibit "A" of the Development Agreement describes and defines 39.111 acres of land, more or less, owned by Wilbow-Prosper and referred to in the Development Agreement as the "Collinsbrook Phase 1 Property'; and WHEREAS, Exhibit `B" of the Development Agreement describes and defines 12.9556 acres of land, more or less, owned by Wilbow-Greenspoint and referred to in the Development Agreement as the "Future Phase Property'; and WHEREAS, the Development Agreement further describes additional property located within the PD Ordinance (defined in the Development Agreement), which Wilbow represented that it may purchase in the future (defined in the Development Agreement as the "Future PD Property"); and FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Greenspoint f/k/a Collinsbrook) PAGE 1 (2-19-2010) v4 WHEREAS, subsequent to the execution and filing of the Development Agreement, the Collinsbrook Phase 1 Property was renamed to the "Greenspoint Phase 1 Property'. All references to the Collinsbrook Phase 1 Property in the Development Agreement and this First Amendment shall mean the Greenspoint Phase 1 Property; and WHEREAS, subsequent to the execution and filing of the Development Agreement, the Future Phase Property became known as the "Estates at Greenspoint Property". All references to the Future Phase Property in the Development Agreement and this First Amendment shall mean the Estates at Greenspoint Property, Phases 1, 2A and 2B, now containing 22.606 acres of land, more or less; and WHEREAS, subsequent to the execution and filing of the Development Agreement, Town, by Ordinance No. 06-72, amended the PD Ordinance to include additional tracts of land within the PD. All references to the PD Ordinance in the Development Agreement and this First Amendment shall mean the PD Ordinance as amended by Ordinance No. 06-72; and WHEREAS, Wilbow represents that it may purchase additional acreage located within the PD Ordinance, recognized as the additional possible future phase(s) of the Greenspoint Phase 1 Property (the "Greenspoint Phase 2 Property"). All references to the Future PD Property in the Development Agreement and this First Amendment shall mean the Greenspoint Phase 2 Property, now containing 44.460 acres of land, more or less; and WHEREAS, the Greenspoint Phase 1 Property, the Estates at Greenspoint Property and the Greenspoint Phase 2 Property shall be collectively referred to as the "Pro a ", as more particularly described and/or depicted in Exhibit "F", attached hereto and incorporated herein for all purposes; and WHEREAS, Wilbow desires to fulfill its obligations to pay water, sewer and thoroughfare impact fees as prescribed in Town Ordinance No. 95-01, as amended by Ordinance Nos. 96-17, 01- 24, 02-19, 02-57 and 06-91, as they exist or may be hereafter amended (individually and collectively the "Impact Fee Ordinance") for the Estates at Greenspoint Property and the Greenspoint Phase 2 Property if acquired by Wilbow; and WHEREAS, Wilbow desires to fulfill its obligation to pay park improvement fees as prescribed in Town Ordinance No. 03-05, as it exists or may be hereafter amended (the "Park Fee Ordinance") for the Estates at Greenspoint Property and the Greenspoint Phase 2 Property if acquired by Wilbow; and WHEREAS, Wilbow and Town desire to further amend and restate certain specific provisions of the Development Agreement, including but not limited to, the obligation for the payment of water, sewer and thoroughfare impact fees under the Impact Fee Ordinance for the Greenspoint Phase 1 Property and the obligation for the payment of park improvement fees under the Park Fee Ordinance for the Greenspoint Phase 1 Property, and to clarify certain respective obligations of the parties, all as set forth in more detail below; and FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Greenspoint Vk/a Collinsbrook) PAGE 2 (2-19-2010) v4 WHEREAS, the parties agree that Wilbow may fulfill its obligation to pay water, sewer and thoroughfare impact fees and park improvement fees for the Estates at Greenspoint Property and the Greenspoint Phase 2 Property if acquired by Wilbow in the manner set forth below. NOW, THEREFORE, in consideration of the premises and the mutual agreements and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Wilbow and Town hereby agree as follows: 1. Applicability of Prior Agreement. Except as otherwise stated herein, the terms defined in the Development Agreement will have the same definition and meaning when utilized in this First Amendment. 2. Land Subject to First Amendment. The land that is the subject of this First Amendment is: a. the Greenspoint Phase 1 Property, containing approximately 3 9. 111 acres of land, more or less, situated in the William H. Thomason Survey, Abstract No. 895, Town of Prosper, Collin County, Texas, as more particularly described and/or depicted in Exhibit "A" of the Development Agreement, as well as Exhibit "F", attached hereto and incorporated herein by reference; and b. the Estates at Greenspoint Property, containing approximately22.606 acres of land, more or less, situated in the William H. Thomason Survey, Abstract No. 895, Town of Prosper, Collin County, Texas, as more particularly described and/or depicted in Exhibit "F", as well as Exhibit "G", attached hereto and incorporated herein by reference; and C. the Greenspoint Phase 2 Property, containing 44.460 acres of land, more or less, situated in the William H. Thomason Survey, Abstract No. 895, Town of Prosper, Collin County, Texas, as more particularly described and/or depicted in the PD Ordinance, as well as Exhibit "F", attached hereto and incorporated herein by reference. 3. Amendment to Paragraph 3 of Development Agreement. Paragraph 3 of the Development Agreement is hereby amended and restated in its entirety as follows: 3. Water Improvements/Water Impact Fees. A. Water Improvements/Water Impact Fees-Greenspoint Phase 1 Propei1y. The Greenspoint Phase 1 Property will be assessed at the rate of One Thousand, Six Hundred Fifty -Two and No/100 Dollars per lot ($1,652.00/lot), for a total of One Hundred Fifty Thousand, Three Hundred Thirty -Two and No/100 Dollars ($150,332.00), for water impact fees, which have been fully satisfied pursuant to the terms of the Agreement. [Subject to the renaming of the Collinsbrook Phase 1 Property to the Greenspoint Phase 1 Property as provided herein, subparagraphs 2-4 of FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Greenspoint f/k/a Collinsbrook) PAGE 3 (2-19-2010) v4 Paragraph 3 of the Development Agreement are restated in their entirety here. J B. Water Impact Fees -Estates at Greenspoint Property. The Estates at Greenspoint Property will be assessed at the rate of: (i) One Thousand, Six Hundred, Fifty -Two and No/100 Dollars per lot ($1,652.00/lot) in Phase 1, for a total of Thirteen Thousand, Two Hundred Sixteen and No/100 Dollars ($13,216.00); and (ii) Two Thousand, Five Hundred, Ninety -Five and No/100 Dollars per lot ($2,595.00/lot) in Phases 2A and 2B, for a total of Thirty -Six Thousand, Three Hundred, Thirty and No/100 Dollars ($36,330.00), for water impact fees on a one inch (1") meter connection, which will be collected prior to issuance of a building permit for each lot within the subject phase of the Estates at Greenspoint Property. C. Water Impact Fees-Greenspoint Phase 2 Property. The Greenspoint Phase 2 Property will be assessed in accordance with the Impact Fee Ordinance. 4. Amendment to Paragraph 4 of Development Agreement. Paragraph 4 of the Development Agreement is hereby amended and restated to read in its entirety as follows: 4. Sewer Improvements/Sewer Impact Fees. A. Sewer Improvements/Sewer Impact Fees-Greenspoint Phase 1 Propei1y. The Greenspoint Phase 1 Property will be assessed at the rate of One Thousand, Four Hundred Twenty -Six and No/100 Dollars per lot ($1,426.00/lot), for a total of One Hundred Twenty -Nine Thousand, Seven Hundred Sixty -Six and No/100 Dollars ($129,766.00), for sewer impact fees on a one inch (1") meter connection, which will be collected prior to the issuance of a building permit for each lot within the Greenspoint Phase 1 Property. During construction of the Greenspoint Phase 1 Property utility improvements, Wilbow, at it sole cost and expense, constructed a lift station with a capacity of 0.3585 million gallons per day to provide sewer to the Property (the "Lift Station"). The Lift Station was constructed and installed in accordance with engineering and equipment plans, specifications and design approved in writing by Town's Engineer. The Lift Station has been incorporated into Town's public works system as set forth in Town acceptance letter dated June 1, 2006. Wilbow represents that the actual Lift Station construction costs were Two Hundred Twenty -Three Thousand, Two Hundred Twenty -Eight and No/100Dollars ($223,228.00), as more particularly described in Exhibit "H", attached hereto and incorporated herein by reference (the "Lift Station Construction Costs"). The phrase "Lift Station Construction Costs" as used in this First Amendment means the actual cost of the engineering design, staking, installation, testing and inspection of the Lift Station. The Town did not financially contribute to the Lift Station FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Greenspoint f/k/a Collinsbrook) PAGE 4 (2-19-2010) v4 Construction Costs. Capacity of the lift station is reserved for use by the Property. Town and Wilbow agree that any excess capacity, as solely determined by Town, within the Lift Station may be reserved for use by all or a portion, if available, of the tract more particularly described and/or depicted in Exhibit "I", attached hereto and incorporated herein by reference. Town and Wilbow agree that Wilbow shall maintain the right and privilege to assign, sell or convey the excess capacity of the Lift Station to a third party upon providing the Town with thirty (30) days written notice of the intended transfer of capacity. Town and Wilbow further agree that the Town shall have the right, at any and all times, to shut down and abandon the Lift Station upon the provision of alternative capacity. B. Sewer Impact Fees -Estates at Greenspoint Property. The Estates at Greenspoint Property will be assessed at the rate of: (i) One Thousand, Four Hundred Twenty -Six and No/100 Dollars per lot ($1,426.00/lot) in Phase 1, for a total of Eleven Thousand, Four Hundred Eight and No/100 Dollars ($11,408.00); and (ii) One Thousand, Nine Hundred, Seventy -Seven and No/100 Dollars ($1,977.00/lot) in Phases 2A and 2B, for a total of Twenty -Seven Thousand, Six Hundred, Seventy -Eight and No/100 Dollars ($27,678.00), for sewer impact fees on a one inch (1") meter connection, which will be collected prior to issuance of a building permit for each lot within the Estates at Greenspoint Property. C. Sewer Impact Fees-Greenspoint Phase 2 Property. The Greenspoint Phase 2 Property will be assessed in accordance with the Impact Fee Ordinance. 5. Amendment to Paragraph 5 of Development Agreement. Paragraph 5 of the Development Agreement is hereby amended and restated in its entirety as follows: 5. Thoroughfare Improvements/Thoroughfare Impact Fees. A. Thoroughfare Improvements/Thoroughfare Impact Fees- Greenspoint Phase 1 Property. The Greenspoint Phase 1 Property will be assessed at the rate of One Thousand, Four Hundred Ninety -Eight and No/100 Dollars per lot ($1,498.00/lot), for a total of One Hundred Thirty -Six Thousand, Three Hundred Eighteen and No/100 Dollars ($136,318.00), for thoroughfare impact fees, which have been fully satisfied pursuant to the terms of this Agreement. [Subject to the renaming of the Collinsbrook Phase I Property to the Greenspoint Phase I Property as provided herein, subparagraph 2 of Paragraph S of the Development Agreement is restated in its entirety here. ] B. Thoroughfare Impact Fees -Estates at Greenspoint Property. The Estates at Greenspoint Property will be assessed at the rate of. (i) One Thousand, Four Hundred Ninety -Eight and No/100 Dollars per lot FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Greenspoint Vk/a Collinsbrook) PAGE 5 (2-19-2010) v4 ($1,498.00/lot) for Phase 1, for a total of Eleven Thousand, Nine Hundred Eighty -Four and No/l 00 Dollars ($11,984.00); and (ii) Four Thousand, Fifty - Eight and No/l00 Dollars per lot ($4,058.00/lot) for Phases 2A and 2B, for a total of Fifty -Six Thousand, Eight Hundred, Twelve and No/100 Dollars ($56,812.00), for thoroughfare impact fees, which will be collected prior to issuance of a building permit for each lot within the Estates of Greenspoint Property. C. Thoroughfare Impact Fees-Greenspoint Phase 2 Property. The Greenspoint Phase 2 Property will be assessed in accordance with the Impact Fee Ordinance. 6. Amendment to Paragraph 6 of Development Agreement. Paragraph 6 of the Development Agreement is hereby amended and restated in its entirety as follows: 6. Parkland Dedication. A. Greenspoint Phase 1/Estates at Greenspoint Properties. Contemporaneously with the filing of the Greenspoint Phase 1 Property final plat in the Collin County Land Records, Wilbow shall, at its sole cost and expense, convey to Town fee simple title to Lot IA, Block A, containing approximately 6.188 acres, more or less, including 1.355 acres, more or less, lake, as shown on the Greenspoint (Collinsbrook) Phase 1 Property final plat, dated September 7, 2005 and approved by the Town on September 13, 2005, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes (the "Creek Park"). Upon conveyance of the Creek Park as provided herein, Town will take responsibility for the perpetual maintenance of the Creek Park and any Town -approved attached improvements installed and/or constructed in accordance with 17 below. Additionally, upon Wilbow's conveyance of the Creek Park as provided in this subparagraph, Wilbow shall satisfy the parkland dedication requirements, as set forth in the Park Fee Ordinance, for the Greenspoint Phase 1 Property and the Estates at Greenspoint Property. B. Greenspoint Phase 2 Property. Contemporaneously with the filing of the Greenspoint Phase 2 Property final plat in the Collin County Land Records, if Wilbow acquires the Greenspoint Phase 2 property, Wilbow shall, at its sole cost and expense, convey to Town fee simple title to approximately 4.685 acres of land, more or less, which includes the surface area of the soil conservation lake, or approximately 2.992 acres, more or less (the "Lake"), as depicted on the Greenspoint Phase 2 Preliminary Plat, dated September 12, 2006, situated in the Thomason Survey, Abstract No. 895, Town of Prosper, Collin County, Texas, as more particularly depicted and/or described in Exhibit " J", attached hereto and incorporated herein by reference (the "Phase 2 Creek Park"). Upon conveyance of the Phase 2 Creek Park as provided herein, Town will take responsibility for the perpetual maintenance of the Phase 2 Creek Park and any Town -approved attached improvements FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Greenspoint Vk/a Collinsbrook) PAGE 6 (2-19-2010) 0 installed and/or constructed in accordance with 17 below. Additionally, upon Wilbow's conveyance of the Phase 2 Creek Park as provided in this subparagraph, Wilbow shall satisfy the parkland dedication requirements, as set forth in the Park Fee Ordinance, for the Greenspoint Phase 2 Property. Town acknowledges that the Greenspoint Phase 2 Property shall have lots backing to the water surface of the Phase 2 Creek Park. As a covenant running with the Phase 2 Creek Park, Town shall permit the construction of structures allowing access to the water surface of the lake, including wooden docks. The construction of such structures shall be limited to one (1) structure, not to exceed two hundred (200) square feet, per lot, and the structure shall not encroach into the surface area of the lake by more than twenty feet (20'). A building permit issued by the Town shall be required for any dock described herein to be constructed. The structure shall be perpetually maintained by the lot owner at their sole cost and expense. Should the lot owner fail to maintain the wooden dock in a good and workmanlike manner, the Town may, in its sole discretion and without notice to the lot owner, remove, or cause the removal of, the dock. WILBOW AND ITS ASSIGNEES HEREBY RELEASE THE TOWN, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM AND AGAINST, AND WAIVES ANY AND ALL RIGHTS TO, ANY AND ALL CLAIMS AND/OR DEMANDS FOR DAMAGES (PERSONAL OR PROPERTY), INJURY (INCLUDING DEATH), OR OTHERWISE, IT/THEY MAY HAVE WITH REGARD TO THE TOWN'S REMOVAL, IN WHOLE OR IN PART, OF ANY WOODEN DOCK AS PROVIDED IN THIS AGREEMENT. The Town shall also allow the construction of landscape structures along the normal water edge, including stone or masonry walls, but in no case shall a structure impede the floodplain conveyance. A building permit issued by the Town shall be required for any landscape structure described herein to be constructed. All landscape structures shall be perpetually maintained by the lot owner at their sole cost and expense. Should the lot owner fail to maintain the landscape structure in a good and workmanlike manner, the Town may, in its sole discretion and without notice to the lot owner, remove, or cause the removal of, the landscape structure. WILBOW AND ITS ASSIGNEES HEREBY RELEASE THE TOWN, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM AND AGAINST, AND WAIVES ANY AND ALL RIGHTS TO, ANY AND ALL CLAIMS AND/OR DEMANDS FOR DAMAGES (PERSONAL OR PROPERTY), INJURY (INCLUDING DEATH), OR OTHERWISE, IT/THEY MAY HAVE WITH REGARD TO THE TOWN'S REMOVAL, IN WHOLE OR IN PART, OF ANY LANDSCAPE STRUCTURE AS PROVIDED IN THIS AGREEMENT. 7. Amendment to Paragraph 7 of Development Agreement. Paragraph 7 of the Development Agreement is hereby amended and restated in its entirety as follows: FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Greenspoint f/k/a Collinsbrook) PAGE 7 (2-19-20 10) v4 7. Hike and Bike Trail Improvements. If Wilbow acquires the Greenspoint Phase 2 property, Wilbow shall, at its sole cost and expense, construct an extension to the existing Coit Road hike and bike trail and equestrian trail (the "Coit Road Hike and Bike Trail") generally along Wilbow's Coit Road frontage within the Estates at Greenspoint Property and the Greenspoint Phase 2 Property, as more particularly depicted on Exhibit "K", attached hereto and incorporated herein by reference (the "Coit Road Hike and Bike Trail Extension"). If Wilbow acquires the Greenspoint Phase 2 property, Wilbow shall also, at its sole cost and expense, construct an extension of the hike and bike trail and the equestrian trail within the Phase 2 Creek Park, which shall include a trailhead feature, as approved by the Town's Parks Board, and an extension of the hike and bike trial and the equestrian trail to Coit Road through a common area in the Greenspoint Phase 2 Property (the "Phase 2 Creek Park Hike and Bike Trail Extension"). The Coit Road Hike and Bike Trail Extension and the Phase 2 Creek Park Hike and Bike Trail Extension shall be collectively referred to herein as the "Hike and Bike Trail Improvements". Additionally, any reference herein to the "Trail" shall refer to and mean the Hike and Bike Trail Improvements. The Hike and Bike Trail Improvements shall be constructed of concrete or other material as directed by the Town's Parks Board and in accordance with any and all other requirements, ordinances and/or regulations of Town, as they exist, may be amended or in the future arising. At creek crossings or in wetland areas, as solely determined by Town, the Hike and Bike Trail Improvements may be constructed of an all-weather deck material, as approved by the Town's Parks Board. The Hike and Bike Trail Improvements shall be eight feet (8') wide, with the provision that when the Hike and Bike Trail Improvements pass between two (2) trees desirable for preservation, the Hike and Bike Trail Improvements width may be reduced to six feet (6') should the spacing between the trees dictate, as solely determined by Town, such reduction in width. Furthermore, the Hike and Bike Trail Improvements' alignment shall be allowed to meander as necessary to preserve existing trees. Notwithstanding anything to the contrary herein, Wilbow and the Town agree that the Town shall not be responsible for the maintenance and/or operation of that portion of the Hike and Bike Trail Improvements which contains the equestrian trail. The final location ofthe Hike and Bike Trail Improvements shall be recommended by Wilbow's landscape architect and are subject to Town's approval. 8. Amendment to Paragraph 8 of Development Agreement. Paragraph 8 of the Development Agreement is hereby amended and restated in its entirety as follows: 8. Park Improvements/Park Improvement Fees/Maintenance. A. Greenspoint Phase 1/Estates at Greenspoint Properties. 1. Park Improvement Fees. The Greenspoint Phase 1 Property will be assessed at the rate of One Thousand and No/100 Dollars per lot ($1,000.00/lot), for a total of Ninety -One and No/100 Dollars ($91,000.00), for park improvement fees due under the Park Ordinance, which will be collected simultaneously upon Town's final FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Greenspoint f/k/a Collinsbrook) PAGE 8 (2-19-2010) v4 acceptance of the Greenspoint Phase 1 Property. The Estates at Greenspoint Property will be assessed at the rate of One Thousand and No/100 Dollars per lot ($1,000.00/lot), for a total of Twenty -Two Thousand and No/100 Dollars ($22,000.00), for park improvement fees due under the Park Ordinance, which will be collected simultaneously upon Town's final acceptance of the Estates at Greenspoint Property. The park improvement fees due for the Greenspoint Phase 1 Property and the Estates at Greenspoint Property will collectively be referred to herein as the "Greenspoint Phase 1 and the Estates Park Improvement Fees"). Upon Wilbow's conveyance of the Creek Park as provided in subparagraph 6(A) above and the construction and completion of the park improvements described in Exhibit " E" ("Creek Park Improvements"), attached hereto and incorporated herein for all purposes, Wilbow shall satisfy the Greenspoint Phase 1 and the Estates Park Improvement Fees. 2. Well. In connection with construction of the Creek Park Improvements within the Greenspoint Phase 1 Property, Wilbow, at its sole cost, constructed a private irrigation well within a common area, owned by the Greenspoint Phase 1 Property Homeowner's Association (the "HOA"), of the Greenspoint Phase 1 Property, as more particularly depicted on Exhibit "L", attached hereto and incorporated herein by reference (the "Well"). The Well discharges into a creek bed which feeds the lake contained within the Creek Park (the "Town Lake"). Town grants the right to Wilbow to use Town Lake for storage of the water generated from the Well. The stored Well water shall be reserved for the irrigation of the Creek Park, the Phase 2 Creek Park and common areas 4, 5 and 6 in the Greenspoint Phase 1 Property, as generally depicted on Exhibit "L", attached hereto and incorporated herein by reference. Wilbow, at its sole cost and expense, shall be responsible for, among other things, perpetually maintaining, repairing and/or operating the Well, in accordance with all applicable local, state and/or federal laws, rules, regulations, requirements and ordinances, and for payment of the electric service to the Well and irrigation located in common areas 4, 5 and 6 in the Greenspoint Phase 1 Property. Additionally, Wilbow, at its sole cost and expense, shall be responsible for, among other things, perpetually maintaining, repairing and/or operating the lake pump improvements, in accordance with all applicable local, state and/or federal laws, rules, regulations, requirements and ordinances, located in the Creek Park, as more particularly depicted and/or described in Exhibit "M", attached hereto and incorporated herein by reference (the "lake pump"). Town agrees to grant Wilbow access to the lake pump for the purpose of Wilbow fulfilling its obligations set forth in this subparagraph. Upon the Town's acceptance of the conveyance of the Creek Park, the Town shall be responsible for the electric services contained within the Creek Park. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Greenspoint f/k/a Collinsbrook) PAGE 9 (2-19-2010) v4 3. Distillation Pond. In connection with construction of the Creek Park improvements within the Greenspoint Phase 1 Property, Wilbow, at its sole cost, shall construct a storm water discharge distillation pond to be owned by the HOA, as more particularly depicted on Exhibit "M", attached hereto and incorporated herein by reference (the "Distillation Pond"). The Distillation Pond shall be located between the fifty-four inch (54") storm drain headwall and the normal water elevation of Town Lake. Once the Distillation Pond is operational, as determined by Town, inlet protection for the inlets feeding the fifty-four inch (54") storm drain may be removed by Wilbow at its sole cost and expense. The HOA, at its sole cost and expense, shall be responsible for, among other things, perpetually maintaining, repairing and/or operating the Distillation Pond, in accordance with all applicable local, state and/or federal laws, rules, regulations, requirements and ordinances, which shall include, at a minimum, and among any other laws, rules regulations, requirements and ordinances described above, removal of accumulated silt and other maintenance on a bi-annual basis. Should Town determine that the Distillation Pond requires any maintenance, repair or other action, Town shall notify the HOA, in writing, providing the HOA thirty (30) days to perform the requested maintenance. Should the HOA fail to perform the requested maintenance as provided herein, Town shall reserve the right to perform said necessary maintenance and collect reimbursement from the HOA for any and all expenses incurred by Town in performing the HOA's obligations as set forth herein. 4. Maintenance of Creek Park and Phase 2 Creek Park. Wilbow and the Town agree that the Town shall, at its sole cost and expense, be responsible for the trash removal, the mowing and trimming trees contained within the Creek Park and Phase 2 Creek Park. Wilbow and the Town further agree that the HOA shall, at its sole cost and expense, be responsible for: (i) maintaining the beds and edging, and (ii) applying the pre and post weed emurgents within the Creek Park and Phase 2 Creek Park. B. Greenspoint Phase 2 Property. 1. Park Improvement Fees. If Wilbow acquires the Greenspoint Phase 2 property, it will be assessed the park improvement fees due under the Park Ordinance at the time the Town approves the final plat for the Greenspoint Phase 2 Property. 2. Park Improvements. If Wilbow acquires the Greenspoint Phase 2 property, Wilbow shall, at its sole cost and expense, construct, within the Phase 2 Creek Park and the FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Greenspoint f/k/a Collinsbrook) PAGE 10 (2-19-2010) v4 Greenspoint Phase 2 Property common areas, permanent structures to serve as public improvements, as more particularly depicted on Exhibit "N" (the "Park Improvements"). The final location of the Park Improvements shall be recommended by Wilbow's landscape architect and are subject to Town's approval. Wilbow represents that the estimated Hike and Bike Trail Improvements and the Park Improvements construction costs will be equal to or greater than the Greenspoint Phase 2 Property Park Improvement Fees, as more particularly described in Exhibit "O", attached hereto and incorporated herein by reference (the "Estimated Construction Costs"). The phrase "Hike and Bike Trail Improvements and Park Improvements construction costs" as used in this Agreement shall mean the actual cost of the Hike and Bike Trail Improvements, trailhead feature, as approved by the Town's Parks Board, irrigation, and other Town -approved improvements within the Phase 2 Creek Park and common areas related to the Hike and Bike Trail Improvements and Park Improvements. Wilbow acknowledges and agrees that Town is relying on Wilbow's representation and warranty that the Estimated Construction Costs are as described in Exhibit "O". Prior to receiving any credit described in subparagraph B(3) below, Wilbow shall tender to Town evidence, in a form(s) reasonably acceptable to Town, that all of the Hike and Bike Trail Improvements and Park Improvements construction costs have been paid by Wilbow, including but not limited to, Affidavits of Payment/Affidavits as to Debts and Liens and any other evidence reasonably required by Town ("Evidence of Payments)"). 3. Park Improvement Fees Credit/Payment of Remainin>7 Park Fees/Reimbursement. If Wilbow acquires the Greenspoint Phase 2 property, and subject to Wilbow fulfilling all of its obligations in this Agreement, Town will credit the Greenspoint Phase 2 Property in the amount of the actual Hike and Bike Trail Improvements and the Park Improvements construction costs, not to exceed the Greenspoint Phase 2 Park Improvement Fees, which have been: (i) incurred and paid by Wilbow as reflected in the Evidence of Payment(s); and (ii) reviewed and approved in writing by Town's Engineer (the "Credit"). If the Greenspoint Phase 2 Park Improvement Fees exceed the Estimated Construction Costs (the "Remaining Park Fees"), Wilbow shall pay the Remaining Park Fees simultaneously upon Town's final acceptance of Greenspoint Phase 2 Property. If, for some unforeseen reason, the actual Hike and Bike Trail Improvements and the Park Improvements construction costs exceed the Greenspoint Phase 2 Park Improvement Fees (the "Reimbursement"), Town will, provided such additional costs were approved by the Town's Parks Board prior to the expenditure and installation of the subject improvement(s), within thirty (30) days of- (i) Wilbow's completion of the Hike and Bike Trail Improvements FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Greenspoint f/k/a Collinsbrook) PAGE 11 (2-19-2010) 0 and the Park Improvements in accordance with this Agreement and Town's acceptance of same, and (ii) Wilbow providing Town the required Evidence of Payment(s), subject to Wilbow fulfilling all of its obligations in this Agreement, tender the Reimbursement to Wilbow. 9. Amendment to Paragraph 11 of Development Agreement. Paragraph 11 of the Development Agreement is hereby amended and restated in its entirety as follows: 11. Platting and Building Permits. Upon filing of the final plat for the Estates at Greenspoint Property, Phase 2A, and before construction of a temporary fire lane, the Town will release up to a total of 12 (twelve) building permits for the Estates of Greenspoint Property, Phases 1 and 2A. Wilbow and the Town agree that Wilbow shall, at its sole cost and expense, construct a temporary fire lane in accordance with the Town's standards and requirements, connecting the Estates at Greenspoint Property, Phases 1 and 2A to Greenspoint Phase 1 (the "temporary fire lane"). The temporary fire lane must be completed and accepted by the Town prior to the thirteenth (13`h) building permit being issued for the Estates of Greenspoint Property, Phases 1 and 2A. The temporary fire lane shall remain in use until such time as a permanent street in the same alignment is constructed and completed by Wilbow and accepted by the Town. 10. Amendment to Paragraph 13 of Development Agreement. Paragraph 13 of the Development Agreement is hereby amended to add the following subparagraph (f): 13. (f) to refuse to accept any improvements, or a portion thereof, constructed on and/or within the portion of the property owned by Wilbow. 11. Amendment to Paragraph 14 of Development Agreement. Paragraph 14 of the Development Agreement is hereby amended as follows: 14. Notice. Town: Town of Prosper Attn: Town Administrator P. O. Box 307 Prosper, Texas 75078 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Greenspoint Vk/a Collinsbrook) PAGE 12 (2-19-2010) va Wilbow-Prosper: Wilbow-Prosper One Development Corporation Attn: Chas Fitzgerald 4131 North Central Expressway, Suite 1140 Lockbox 13 Dallas, Texas 75204 Wilbow-Greenspoint: Wilbow-Greenspoint Development Corporation Attn: Chas Fitzgerald 4131 North Central Expressway, Suite 1140 Lockbox 13 Dallas, Texas 75204 12. Incorporation of Development Agreement. This First Amendment shall be and is hereby incorporated into the Development Agreement for all intents and purposes, and except as otherwise stated herein, the terms, provisions, and definitions of the Development Agreement shall apply to this First Amendment. Except where inconsistent with the terms of this First Amendment, the Development Agreement shall control. This First Amendment may not be modified without the written consent of the parties hereto. 13. Ratification of Development Agreement. The Development Agreement is hereby ratified and approved in all respects, except where inconsistent with the terms of this First Amendment. 14. Compliance With Ordinances. Wilbow, its officers, partners, directors, employees, representatives, agents, successors, assignees, vendors, grantees, and/or trustees, shall be subject to all ordinances of Town, including but not limited to, ordinances relating to construction of all public improvements, whether now existing, hereafter amended or in the future arising. 15. Miscellaneous. a. Continuity. This First Amendment shall be a covenant running with the land and shall be binding upon Wilbow, its officers, partners, directors, employees, representatives, agents, successors, assignees, vendors, grantees and/or trustees. b. Assignment. This First Amendment may only be assigned in accordance with Subparagph 19(a) of the Development Agreement. C. Binding Effect. This First Amendment shall be binding and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns, as allowed. d. Conveyances. All conveyances required by the Development Agreement and/or this First Amendment will be free and clear of any and all liens and encumbrances. e. Vested Rights/Chapter 245 Waiver. The signatories hereto shall be subject to FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Greenspoint f/k/a Collinsbrook) PAGE 13 (2-19-2010) v4 all ordinances of Town, whether now existing or in the future arising. This First Amendment shall confer no vested rights on Wilbow unless specifically enumerated herein. In addition, nothing contained in this First Amendment shall constitute a "permit" as defined in Chapter 245, Texas Local Government Code and nothing in this First Amendment provides the Town with fair notice of Wilbow's project. WILBOW WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS FIRST AMENDMENT AND/OR THE DEVELOPMENT AGREEMENT. f. Attorneys' Fees. In any legal proceeding brought to enforce the terms of this First Amendment and/or the Development Agreement, including but not limited to, a proceeding brought pursuant to Paragraphs 13,15 and/or 18, the prevailing party may recover its reasonable and necessary attorneys' fees from the non -prevailing party as permitted by Section 271.159 of the Texas Local Government Code, as it exists or may be amended. g. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this First Amendment are true and correct and are hereby incorporated into the body of this First Amendment and adopted as findings of Town and the authorized representative of Wilbow. h. Wilbow's Warranties/Representations. All warranties, representations and covenants made by Wilbow in this First Amendment, the Development Agreement and/or in any certificate or other instrument delivered by Wilbow to Town under this First Amendment and/or the Development Agreement shall be considered to have been relied upon by Town and will survive the satisfaction of any fees under this First Amendment and/or the Development Agreement, regardless of any investigation made by Town or on Town's behalf. i. Entire Agreement. This First Amendment 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. j. Venue. This First Amendment shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. k. Consideration. This First Amendment is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 1. Counterparts. This First Amendment may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Greenspoint f/k/a Collinsbrook) PAGE 14 (2-19-2010) v4 in. Authority to Execute. The individuals executing this First Amendment on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this First Amendment to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this First Amendment in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this First Amendment and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. The parties agree that the performance by the parties under this First Amendment and the Development Agreement is authorized by Section 212.071, et. seq., of the Texas Local Government Code. n. Savings/Severability. In case any one or more of the provisions contained in this First Amendment shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this First Amendment shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. o. Representations. Each signatory represents this First Amendment has been read by the parry for which this First Amendment is executed and that such party has had an opportunity to confer with its counsel. p. Sovereign Immunity. The parties agree that the Town has not waived its sovereign immunity by entering into and performing its obligations under this First Amendment and/or the Development Agreement. q. No Third Party Beneficiaries. Nothing in this First Amendment shall be construed to create any right in any third party not a signatory to this First Amendment, and the parties do not intend to create any third party beneficiaries by entering into this First Amendment. r. Waiver. Waiver by any party of any breach of this First Amendment and/or the Development Agreement, or the failure of either party to enforce any of the provisions of this First Amendment and/or the Development Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. Indemnity. The parties agree that the Indemnity provisions set forth in Paragraphs 15 and 18 herein are conspicuous and the parties have read and understood the same. t. Miscellaneous Drafting Provisions. This First Amendment shall be deemed drafted equally by all parties hereto. The language of all parts of this First FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Greenspoint f/k/a Collinsbrook) PAGE 15 (2-19-2010) v4 Amendment shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this First Amendment are for the convenience of the parties and are not intended to be used in construing this document. EXECUTED effective as of the day of , 2010. WILBOW-PROSPER ONE DEVELOPMENT CORPORATION, a Texas corporation LIM THE STATE OF TEXAS COUNTY OF DALLAS Charles Fitzgerald, President This instrument was acknowledged before me on the day of , 2010, by Charles Fitzgerald, President of WILBOW-PROSPER ONE DEVELOPMENT CORPORATION, a Texas corporation, on behalf of said corporation. Notary Public, State of Texas WILBOW-GREENSPOINT DEVELOPMENT CORPORATION, a Texas corporation Charles Fitzgerald, President THE STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the day of , 2010, by Charles Fitzgerald, President of WILBOW-GREENSPOINT DEVELOPMENT CORPORATION, a Texas corporation, on behalf of said corporation. Notary Public, State of Texas FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Greenspoint Vk/a Collinsbrook) PAGE 16 (2-19-2010) v4 THE TOWN OF PROSPER, TEXAS, a home -rule municipality Mike Land, Town Manager THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of , 2010, by Mike Land, Town Manager of the TOWN OF PROSPER, TEXAS, on behalf of said Town. Notary Public, State of Texas After Recording Return To: Town of Prosper Town Secretary 113 West Broadway P. O. Box 307 Prosper, Texas 75078 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Greenspoint Vk/a Collinsbrook) PAGE 17 (2-19-20 10) v4 4 0 1 2 3 .4 5 4 BLOCK 0 O I 3 ( CO 3 Z_ �� CL CL 10 6 8 7 6 22 BLOCK B TOWiLAKE DRIVE.. BLOCK A 1 1 LOCATION .. Ii i. / / . COMM014 ARC —6 COMMON AREA�4 DRAWAGE EASEMENT DRAINAGE EAt;EMEN7' ., E7.426 Cfi65 ,A 49 .b ACRE 9 S . 1� CrA- 5 O:d35 Ac FIRST STRFET PROSPER 3S0 COIT .PARTNERS, LTD: \l0•,4. 60:50, Pd. 214 SF-1 VACANT EXHIBIT I_ t. Enginaedtp .bones & Boyd, lnc. is 51u+ono VM Dallas Parkway, Suite 200 i Planning Ddlldb,Texas 78248 Ir Land¢cepa 972.24b.7878 QMca Aichiteciure 877.248.1414 fax ■ Construdom vjw'w4c('as-¢oy4c6m Manhoement ore s,s.�k\Ro1KMwaou\e a\aaao�2-r,aea.� t-eaw�.d y aw.a Jr. rmrd.r sow Yk W WP/aeoe 11,24•4u 1 v,41,r E [Br 5 rgok C MSYfI.UaCHT) - 15 16 14 LAKE PUMP L07 IA. BUXK. A �FWWkY MA$E1AT'k QIST3L;LAi1QN STONYBROOK 6,lB8 ACHES POOL vRrvE RLo0K k OUTFAL� 11 �� 11 ig EXHIBIT M N. ErrpinssdnY .. �QS84 � $� �RF� ■ $taYaylAy �7paQ psik# $sriwp} swft ■ PE4a41hp Daffae.'r V048 r 1rMacaQs 9M4&7876 0104 Arof i[eedua 97MA9.1414 fax 1 CcnlVue6Cir - �VIIyWaOA,CGiA .. - ''i'AOkI�@pGl1i . cw d 1"idM5,61;and is Fm1Nr am Aas 2AM1174 11124 AN 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 AN AMENDMENT TO THE GREENSPOINT F.K.A. COLLINSBROOK DEVELOPMENT AGREEMENT BETWEEN WILBOW-GREENSPOINT DEVELOPMENT CORPORATION 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, an Amendment to the Greenspoint f.k.a. Collinsbrook Development Agreement between Wilbow-Greenspoint Development Corporation and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 13th day of April, 2010. Ray Smith, Mayor Pro-Tem ATTEST TO: Matthew Denton Town Secretary riSPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council Building Inspections Agenda Item No. 5d From: Wayne K. Snell Jr., CBO, Building Official Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — April 13, 2010 Date: April 5, 2010 Consent Agenda Item: Consider and act upon an ordinance adopting The 2006 International Property Maintenance Code, November 2006 Printed Edition, copyrighted by the International Code Council, Inc., save and except the amendments set forth in Exhibit "A", regulating all existing residential and nonresidential structures and all existing premises by establishing minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance within Prosper (the "2006 International Property Maintenance Code"). Description of Consent Agenda Item: Town staff has researched current Town of Prosper and various cities Property Maintenance Code in order to improve the current Code in place and provide for consistent up to date documents. The Property Maintenance Code for Prosper, regulating all existing residential and nonresidential structures and all existing premises by establishing minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance within Prosper (the "2006 International Property Maintenance Code"). Budoet Impact: N/A Legal Obligations and Review: Town Attorney has reviewed the Attached ordinances and has been approved as to form. Attached Documents: Ordinance for the Property Maintenance Code Agenda Item No._ - Page 1 of 2 Town Staff Recommendation: Town staff recommends that the Town Council consider and act upon an ordinance adopting the 2006 Edition of the International Property Maintenance Code. Agenda Item No, - Page 2 of 2 TOWN OF PROSPER, TEXAS ORDINANCE NO. AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING ORDINANCE NO. 04-37; ADOPTING THE 2006 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, SAVE AND EXCEPT THE AMENDMENTS SET FORTH HEREIN; REGULATING ALL EXISTING RESIDENTIAL AND NONRESIDENTIAL STRUCTURES AND ALL EXISTING PREMISES BY ESTABLISHING MINIMUM REQUIREMENTS AND STANDARDS FOR PREMISES, STRUCTURES, EQUIPMENT, AND FACILITIES FOR LIGHT, VENTILATION, SPACE, HEATING, SANITATION, PROTECTION FROM THE ELEMENTS, LIFE SAFETY, SAFETY FROM FIRE AND OTHER HAZARDS, AND FOR SAFE AND SANITARY MAINTENANCE WITHIN THE TOWN OF PROSPER, TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas ("Prosper") to repeal Ordinance No. 04-37; and WHEREAS, the Town Council has further investigated and determined that it would be advantageous and beneficial to the citizens of Prosper to adopt the 2006 Edition of the International Property Maintenance Code, November 2006 Printing, copyrighted by the International Code Council, Inc., save and except the amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Repeal of Ordinance No. 04-37. Ordinance No. 04-37 is hereby repealed effective the date this Ordinance becomes effective. Such repeal shall not abate any pending prosecution for violation of the repealed Ordinance No. 04-37, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of Ordinance No. 04-37. SECTION 3: Adoption of the 2006 International Property Maintenance Code. The 2006 International Property Maintenance Code, November 2006 Printed Edition, copyrighted by the International Code Council, Inc., save and except the amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby adopted as the property REPEALING ORDINANCE 04-37 AND ADOPTING 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE Page 1 570660.vl maintenance code for Prosper, regulating all existing residential and nonresidential structures and all existing premises by establishing minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance within Prosper (the "2006 International Property Maintenance Code"). The 2006 International Property Maintenance Code, save and except the amendments set forth in Exhibit "A", is made a part of this Ordinance as if fully set forth herein. Three (3) copies of the 2006 International Property Maintenance Code, November 2006 Printed Edition, copyrighted by the International Code Council, Inc., are on file in the office of the Town Secretary of Prosper being marked and designated as the 2006 International Property Maintenance Code. SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 5: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 7: Effective Date. This Ordinance shall become effective upon its passage and publication as required by the Town Charter and by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on this day of 52010. Ray Smith, Mayor Pro Tem REPEALING ORDINANCE 04-37 AND ADOPTING 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE Page 2 570660.0 ATTESTED AND CORRECTLY RECORDED: Matthew Denton, Town Secretary Date(s) of Publication: Dallas Morning News REPEALING ORDINANCE 04-37 AND ADOPTING 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE Page 3 570660.vl Exhibit "A" Amendments to 2006 International Property Maintenance Code Preface to Amendments to 2006 International Property Maintenance Code. The governing regulations are the 2006 International Property Maintenance Code, November 2006 and the amendments described below. In the event of a conflict with the 2006 International Property Maintenance Code and any of the amendments, the amendment shall control. Section 101.1 Title. These regulations shall be known as the Property Maintenance Code of the Town of Prosper, Texas, hereinafter referred to as "this code". Section 101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare, insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with the Town of Prosper's Building, Electrical, Mechanical, Plumbing, Fire, and Health Codes, as they currently exist or may be amended, and the Town of Prosper Comprehensive Zoning & Subdivision Regulation Ordinances, as they currently exist or may be amended. Section 102.3 Application of other Codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Town of Prosper Building, Electrical, Mechanical, Plumbing, Fire, and Health Codes as they currently exist or may be amended, and the Town of Prosper Comprehensive Zoning & Subdivision Ordinances, as they currently exist or may be amended. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Town of Prosper Comprehensive Zoning and/or Subdivision Ordinances, as they currently exist or may be amended. Likewise, if there is a conflict between this code and Sec. 3.12 (Vacant and Substandard Structures) in the Town of Prosper's Code of Ordinances, Sec. 3.12 shall exclusively control. Section 102.7 Referenced Codes and Standards. The codes and standards referenced in this code shall be the Town of Prosper Comprehensive Zoning & Subdivision Regulation Ordinances, and the Building, Electrical, Mechanical, Plumbing, Fire, and Health Codes adopted by the Town of Prosper, as they currently exist or may be amended. Where differences occur between provisions of this code and the referenced standards, the most restrictive code shall apply. Section 103.5 Fees. The fees for activities and services performed by the department or division carrying out its responsibilities under this code shall be according to the Town of Prosper Building Code, Fire Code, Health codes, and/or local ordinances, as they currently exist or may be amended. Section 104.1 General. The code official or his/her designee shall enforce the provisions of this code. Section 106.3 Violation Penalties. Any owner of record who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted REPEALING ORDINANCE 04-37 AND ADOPTING 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE Page 4 570660.v1 within the time limits provided by the Town of Prosper. Each day that a violation continues after due notice has been service shall be deemed a separate offense. Citations; Work or Improvements by Prosper, Charges against Owner. If the owner fails or refuses to comply with the demand for compliance in the notification within the requirements of such notification, the Town of Prosper may: A. issue citations as provided in Section 107, Notices and Orders, as it currently exists or may be amended; and B. do work or make improvements required to abate the violation(s), pay for the work done or improvements made, and charge the expenses to the owner of the property as provided herein. The property owner will have twenty (20) days to reimburse the Town of Prosper from the completion date of such work to abate the violation(s) at property. Assessment of Expenses, Lien. A. In the event the Owner fails or refuses to pay such expenses charged to the owner, within twenty (20) days after the abatement work is completed, a lien may be obtained. The lien and other expenses incurred by the Town of Prosper may be filed against the property. Expenses will include, but not be limited to the following: • Fees for service work to abate violation(s); • Administrative Fee of $150.00; • Fees to file lien; • Fees to release lien; • Postage fees; • Courier fees; • Legal fees; and • Any other fees charged to the Town of Prosper. To obtain a lien, the Mayor, Mayor's designee, or the Town of Prosper's Code Enforcement Official, Health Authority, or other authorized Town Official or employee, must file a statement of the expenses incurred to correct the condition of the real property with the County Clerk of the County in which the property is located. The statement must also state the name of the Owner, if known, and the legal description of the property. The lien attaches upon filing of the statement with the County Clerk. B. The Town of Prosper's lien shall be a prior lien on such property, second only to tax liens and liens for street improvements. The lien amount shall include simple interest, which shall accrue at the rate of ten percent (10%) per annum on the date the expenses were incurred by the Town of Prosper. The Town of Prosper may bring suit for foreclosure to recover the expenditures and the interest due. Section 107.3 Method of Service. Such notice shall be deemed to be properly served if a copy thereof is: 1. Delivered personally to the property Owner and/or to the person responsible for the violation in writing; REPEALING ORDINANCE 04-37 AND ADOPTING 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE Page 5 570660.v1 2. Sent by letter addressed to the property Owner at the property Owner's address as recorded in the appraisal district records of the appraisal district in which the property is located or sent by letter addressed to the person responsible for the violation; or 3. If personal service of the property Owner cannot be obtained: i. by publication in the Town's official newspaper at least once; or ii. by posting on or near the front door of each building on the property to which the violation relates; or iii. by posting a notice to a placard attached to the building or stake driven into the ground on the property to which the violation relates. 4. If the Town mails a notice to the property owner in accordance with this Section, and the United States Postal Service returns the notice as "refused", "unclaimed", or if the address required by subsection 107.3(2) was used and the notice is returned as "not deliverable as addressed" (or equivalent marking), the validity of the notice is not affected, and is considered as delivered. Section 109.5 Costs of Emergency Repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction and may be reimbursed by the property owner. The jurisdiction may seek reimbursement from the property owner for the performance of emergency work. The legal counsel of the jurisdiction may institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. Section 111.1 Written explanation for Appeal. The Board of Construction Appeals, created by the Town of Prosper Ordinance No. 05-39, as it currently exists or may be amended, will serve as the Board of Appeals. Any person directly affected by a decision of the code official or his/her designee or a notice or order issued under this code shall have the right to appeal to the Board of Construction Appeals, provided that a written explanation for appeal is filed within twenty (20) days after the day the decision, notice or order was served. A written explanation for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. Section 202 Definition of Easement. Easement. That portion of land or property reserved for present or future use by a person, municipality, or any other agency other than the legal fee owner(s) of the property as recorded in the appraisal district records of the appraisal district in which the property is located. The easement shall be permitted to be for use under, on or above a said lot or lots. Section 302.4 Vegetation & Weeds. All premises and exterior property shall be maintained free from vegetation that creates a nuisance and shall meet the requirements as defined in the Town of Prosper Unsightly vegetation, trash, and debris Ordinance No. 04-118, as it currently exists or may be amended. Vegetation shall exclude regularly cultivated flowers and gardens located on private property. Landscape beds shall be maintained as originally planted. Property owner may elect to make landscape bed improvements or remove landscape beds at a property, unless otherwise required. Trees and shrubs and the like shall REPEALING ORDINANCE 04-37 AND ADOPTING 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE Page 6 570660.0 be maintained. Vegetation shall not encroach into a pedestrian walkway or vehicular traveled way. Landscape beds not maintained shall be presumed to be a nuisance, objectionable, unsanitary, and unsightly. Upon failure of the property owner having ownership of a property when the violation was initially observed and requested to abate said violation after service of a notice of violation, the owner shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the Town of Prosper. Upon failure to comply with the notice of violation, any duly authorized employee or official of the Town of Prosper or agent hired by the Town of Prosper shall be authorized to enter upon the property in violation and correct the violation thereon. All costs of such corrections shall be paid by the owner responsible for the property to the Town of Prosper at the rates and fees referenced in Section 106.3 until such fee is reimbursed for services rendered. Section 302.7 Accessory structures. All accessory structures, including detached garages, fences and walls (including, but not limited to, retaining walls), shall be maintained structurally sound and in good repair. Section 303.2 Enclosures. Private and Public swimming pools, hot tubs and spas, containing more than twenty four (24) inches (610mm) in depth, shall be completely surrounded by a fence or barrier at least forty eight (48) inches (1219mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self -closing and self -latching and meet all the other requirements of Town of Prosper's Residential Swimming Pool Ordinance No. 06-110, as it/they currently exist(s) or may be amended. Gates and doors may not be propped open. Gates, doors and fences may not create a life/safety hazard. All release mechanisms of residential pools, hot tubs and spas shall comply with the International Residential Code, as it currently exists or may be amended. All release mechanisms of non-residential pools, hot tubs and spas shall comply with the Town of Prosper's Residential Swimming Pool Ordinance No. 06-110, as it/they currently exist(s) or may be amended. Self -closing and self -latching gates shall be maintained such that the gate will positively close and latch when released from a full open position up to and including a six (6) inch open position from the gatepost. No existing pool enclosure shall be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier. Section 304.3 Premises Identification. Buildings shall have approved address numbers placed in position to be plainly legible and visible from the street or road fronting the property and visible from the alley, if applicable, of the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four (4) inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Section 304.7 Roofs and Drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in REPEALING ORDINANCE 04-37 AND ADOPTING 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE Page 7 570660.v1 a manner that creates a public nuisance. Cross lot drainage is prohibited, unless drainage is accepted and approved by the Town as indicated on the approved plans for a property or subdivision. Drainage swales shall be maintained free from any obstruction and shall not be compromised. Section 304.14 Insect Screens. At all times every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self -closing device in good working condition. Section 307.2. Disposal of Garbage. Every occupant of a structure shall dispose of garbage, trash and/or any other debris in a clean and sanitary manner by placing such garbage, trash and other debris into a municipality approved garbage container for disposal or dispose of garbage, trash, and other debris at an approved facility. All garbage, trash and/or debris shall be placed into a trash bag prior to placement into a municipality approved garbage receptacle. Section 307.2.2 Refrigerators & Other Similar Equipment. Appliances, furniture, and other similar household equipment and debris shall not be discarded, abandoned or stored in any manner that may create an attractive nuisance for children or pets or in a manner that may create a life/safety hazard. Section 307.3.1. Garbage Facilities. The owner of every dwelling or rental dwelling shall supply all of the following: an approved mechanical food waste grinder in each dwelling unit, unless, otherwise provided, and an approved outside, covered garbage container. Section 308.4 Multiple Occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for the extermination, unless exempt by contractual agreement. Section 308.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest -free condition of the structure, unless exempt by contractual agreement. Section 401.3 Alternative Devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Town of Prosper's Building Code, as it currently exist or may be amended, shall be permitted. Section 403.5 Clothes Dryer Exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions and the Town of Prosper's Building Code and other applicable codes, as they currently exist or may be amended. REPEALING ORDINANCE 04-37 AND ADOPTING 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE Page 8 570660.v 1 Section 404.7 Food Preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. All spaces to be occupied or utilized for food preparation purposes shall comply with the Town of Prosper's Health Code, as it currently exists or may be amended. Section 505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Town of Prosper's Plumbing Code, as it currently exists or may be amended. Section 602.2 Residential Occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of sixty-eight degrees Fahrenheit (680F), or twenty degrees Celsius (200C), in all habitable rooms, bathrooms and toilet rooms. Cooking appliances shall not be used to provide space heating to meet the requirements of this Section. Space heaters shall not be used as a primary source to provide heat for habitable rooms, bathrooms and toilet rooms. Section 602.3. Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof, shall supply heat at all times to maintain a temperature of not less than sixty-eight degrees Fahrenheit (680F), or twenty degrees Celsius (20°C), in all habitable rooms, bathrooms, and toilet rooms. 602.4 Occupiable Work Spaces. Indoor occupied work spaces shall be supplied with heat at all times to maintain a temperature of not less than sixty-five degrees Fahrenheit (65°F), or eighteen degrees Celsius (18°C), during the period the spaces are occupied. Include all `Exceptions' listed in this Section. Section 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the Town of Prosper's Electrical Code, as it currently exists or may be amended. Section 605.2 Receptacles. Every habitable space in a dwelling shall contain the required number and type of receptacles as required by the Town of Prosper's Electrical Code, as it currently exists or may be amended. Section 701.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements of the Town of Prosper's Fire Code and Building Code, as they currently exist or may be amended. A person shall not occupy as an owner, occupant or permit another person to occupy any premises that do not comply with the requirements of Chapter 7 of this code. REPEALING ORDINANCE 04-37 AND ADOPTING 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE Page 9 570660.v 1 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public right-of-way. Means of egress shall comply with the Town of Prosper's Fire Code, as it currently exists or may be amended. Section 702.2 Aisles. The required width of aisles in accordance with the Town of Prosper's Fire Code, as it currently exists or may be amended, shall be unobstructed. Section 704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof, shall be maintained in an operable condition at all times in accordance with the Town of Prosper's Fire Code and Building Code, as they currently exist or may be amended. Chapter 8 - Referenced Standards. Unless otherwise noted, the adoption of the 2006 International Property Maintenance Code, November 2006 Printed Edition, with amendments will refer to the Town of Prosper's current Comprehensive Zoning & Subdivision Regulation Ordinances, Building, Fire, Plumbing, Mechanical, Electrical, Health Codes, and any other ordinance or code adopted by the Town of Prosper, as they currently exist or may be amended. The Town of Prosper rescinds reference to the Existing adopted codes and the Existing adopted zoning code. REPEALING ORDINANCE 04-37 AND ADOPTING 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE Page 10 570660.v1 TOWN OF PROSPER, TEXAS ORDINANCE NO. AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING ORDINANCE NO. 04-37; ADOPTING THE 2006 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, SAVE AND EXCEPT THE AMENDMENTS SET FORTH HEREIN; REGULATING ALL EXISTING RESIDENTIAL AND NONRESIDENTIAL STRUCTURES AND ALL EXISTING PREMISES BY ESTABLISHING MINIMUM REQUIREMENTS AND STANDARDS FOR PREMISES, STRUCTURES, EQUIPMENT, AND FACILITIES FOR LIGHT, VENTILATION, SPACE, HEATING, SANITATION, PROTECTION FROM THE ELEMENTS, LIFE SAFETY, SAFETY FROM FIRE AND OTHER HAZARDS, AND FOR SAFE AND SANITARY MAINTENANCE WITHIN THE TOWN OF PROSPER, TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas ("Prosper") to repeal Ordinance No. 04-37; and WHEREAS, the Town Council has further investigated and determined that it would be advantageous and beneficial to the citizens of Prosper to adopt the 2006 Edition of the International Property Maintenance Code, November 2006 Printing, copyrighted by the International Code Council, Inc., save and except the amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findingsrporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Repeal of Ordinance No. 04-37. Ordinance No. 04-37 is hereby repealed effective the date this Ordinance becomes effective. Such repeal shall not abate any pending prosecution for violation of the repealed Ordinance No. 04-37, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of Ordinance No. 04-37. SECTION 3: Adoption of the 2006 International Property Maintenance Code. The 2006 International Property Maintenance Code, November 2006 Printed Edition, copyrighted by the International Code Council, Inc., save and except the amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby adopted as the property REPEALING ORDINANCE 04-37 AND ADOPTING 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE Page 1 570660.vl maintenance code for Prosper, regulating all existing residential and nonresidential structures and all existing premises by establishing minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance within Prosper (the "2006 International Property Maintenance Code"). The 2006 International Property Maintenance Code, save and except the amendments set forth in Exhibit "A", is made a part of this Ordinance as if fully set forth herein. Three (3) copies of the 2006 International Property Maintenance Code, November 2006 Printed Edition, copyrighted by the International Code Council, Inc., are on file in the office of the Town Secretary of Prosper being marked and designated as the 2006 International Property Maintenance Code. SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 5: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 7: Effective Date. This Ordinance shall become effective upon its passage and publication as required by the Town Charter and by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on this day of , 2010. Ray Smith, Mayor Pro Tem. REPEALING ORDINANCE 04-37 AND ADOPTING 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE Page 2 570660.0 ATTESTED AND CORRECTLY RECORDED: Matthew Denton, Town Secretary Date(s) of Publication: Da/!as Morning News REPEALING ORDINANCE 04-37 AND ADOPTING 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE Page 3 570660.v1 Exhibit "A" Amendments to 2006 International Property Maintenance Code Preface to Amendments to 2006 International Property Maintenance Code. The governing regulations are the 2006 International Property Maintenance Code, November 2006 and the amendments described below. In the event of a conflict with the 2006 International Property Maintenance Code and any of the amendments, the amendment shall control. Section 101.1 Title. These regulations shall be known as the Property Maintenance Code of the Town of Prosper, Texas, hereinafter referred to as "this code". Section 101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare, insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with the Town of Prosper's Building, Electrical, Mechanical, Plumbing, Fire, and Health Codes, as they currently exist or may be amended, and the Town of Prosper Comprehensive Zoning & Subdivision Regulation Ordinances, as they currently exist or may be amended. Section 102.3 Application of other Codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Town of Prosper Building, Electrical, Mechanical, Plumbing, Fire, and Health Codes as they currently exist or may be amended, and the Town of Prosper Comprehensive Zoning & Subdivision Ordinances, as they currently exist or may be amended. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Town of Prosper Comprehensive Zoning and/or Subdivision Ordinances, as they currently exist or may be amended. Likewise, if there is a conflict between this code and Sec. 3.12 (Vacant and Substandard Structures) in the Town of Prosper's Code of Ordinances, Sec. 3.12 shall exclusively control. Section 102.7 Referenced Codes and Standards. The codes and standards referenced in this code shall be the Town of Prosper Comprehensive Zoning & Subdivision Regulation Ordinances, and the Building, Electrical, Mechanical, Plumbing, Fire, and Health Codes adopted by the Town of Prosper, as they currently exist or may be amended. Where differences occur between provisions of this code and the referenced standards, the most restrictive code shall apply. Section 103.5 Fees. The fees for activities and services performed by the department or division carrying out its responsibilities under this code shall be according to the Town of Prosper Building Code, Fire Code, Health codes, and/or local ordinances, as they currently exist or may be amended. Section 104.1 General. The code official or his/her designee shall enforce the provisions of this code. Section 106.3 Violation Penalties. Any owner of record who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted REPEALING ORDINANCE 04-37 AND ADOPTING 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE Page 4 570660.v1 within the time limits provided by the Town of Prosper. Each day that a violation continues after due notice has been service shall be deemed a separate offense. Citations; Work or Improvements by Prosper; Charges against Owner. If the owner fails or refuses to comply with the demand for compliance in the notification within the requirements of such notification, the Town of Prosper may: A. issue citations as provided in Section 107, Notices and Orders, as it currently exists or may be amended; and B. do work or make improvements required to abate the violation(s), pay for the work done or improvements made, and charge the expenses to the owner of the property as provided herein. The property owner will have twenty (20) days to reimburse the Town of Prosper from the completion date of such work to abate the violation(s) at property. Assessment of Expenses; Lien. A. In the event the Owner fails or refuses to pay such expenses charged to the owner, within twenty (20) days after the abatement work is completed, a lien may be obtained. The lien and other expenses incurred by the Town of Prosper may be filed against the property. Expenses will include, but not be limited to the following: • Fees for service work to abate violation(s); • Administrative Fee of $150.00; • Fees to file lien; • Fees to release lien; • Postage fees; • Courier fees; • Legal fees; and • Any other fees charged to the Town of Prosper. To obtain a lien, the Mayor, Mayor's designee, or the Town of Prosper's Code Enforcement Official, Health Authority, or other authorized Town Official or employee, must file a statement of the expenses incurred to correct the condition of the real property with the County Clerk of the County in which the property is located. The statement must also state the name of the Owner, if known, and the legal description of the property. The lien attaches upon filing of the statement with the County Clerk. B. The Town of Prosper's lien shall be a prior lien on such property, second only to tax liens and liens for street improvements. The lien amount shall include simple interest, which shall accrue at the rate of ten percent (10%) per annum on the date the expenses were incurred by the Town of Prosper. The Town of Prosper may bring suit for foreclosure to recover the expenditures and the interest due. Section 107.3 Method of Service. Such notice shall be deemed to be properly served if a copy thereof is: 1. Delivered personally to the property Owner and/or to the person responsible for the violation in writing; REPEALING ORDINANCE 04-37 AND ADOPTING 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE Page 5 570660.v 1 2. Sent by letter addressed to the property Owner at the property Owner's address as recorded in the appraisal district records of the appraisal district in which the property is located or sent by letter addressed to the person responsible for the violation; or 3. If personal service of the property Owner cannot be obtained: i. by publication in the Town's official newspaper at least once; or ii. by posting on or near the front door of each building on the property to which the violation relates; or iii. by posting a notice to a placard attached to the building or stake driven into the ground on the property to which the violation relates. 4. If the Town mails a notice to the property owner in accordance with this Section, and the United States Postal Service returns the notice as "refused", "unclaimed", or if the address required by subsection 107.3(2) was used and the notice is returned as "not deliverable as addressed" (or equivalent marking), the validity of the notice is not affected, and is considered as delivered. Section 109.5 Costs of Emergency Repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction and may be reimbursed by the property owner. The jurisdiction may seek reimbursement from the property owner for the performance of emergency work. The legal counsel of the jurisdiction may institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. Section 111.1 Written explanation for Appeal. The Board of Construction Appeals, created by the Town of Prosper Ordinance No. 05-39, as it currently exists or may be amended, will serve as the Board of Appeals. Any person directly affected by a decision of the code official or his/her designee or a notice or order issued under this code shall have the right to appeal to the Board of Construction Appeals, provided that a written explanation for appeal is filed within twenty (20) days after the day the decision, notice or order was served. A written explanation for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. Section 202 Definition of Easement. Easement. That portion of land or property reserved for present or future use by a person, municipality, or any other agency other than the legal fee owner(s) of the property as recorded in the appraisal district records of the appraisal district in which the property is located. The easement shall be permitted to be for use under, on or above a said lot or lots. Section 302.4 Vegetation & Weeds. All premises and exterior property shall be maintained free from vegetation that creates a nuisance and shall meet the requirements as defined in the Town of Prosper Unsightly vegetation, trash, and debris Ordinance No. 04-118, as it currently exists or may be amended. Vegetation shall exclude regularly cultivated flowers and gardens located on private property. Landscape beds shall be maintained as originally planted. Property owner may elect to make landscape bed improvements or remove landscape beds at a property, unless otherwise required. Trees and shrubs and the like shall REPEALING ORDINANCE 04-37 AND ADOPTING 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE Page 6 570660.v1 be maintained. Vegetation shall not encroach into a pedestrian walkway or vehicular traveled way. Landscape beds not maintained shall be presumed to be a nuisance, objectionable, unsanitary, and unsightly. Upon failure of the property owner having ownership of a property when the violation was initially observed and requested to abate said violation after service of a notice of violation, the owner shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the Town of Prosper. Upon failure to comply with the notice of violation, any duly authorized employee or official of the Town of Prosper or agent hired by the Town of Prosper shall be authorized to enter upon the property in violation and correct the violation thereon. All costs of such corrections shall be paid by the owner responsible for the property to the Town of Prosper at the rates and fees referenced in Section 106.3 until such fee is reimbursed for services rendered. Section 302.7 Accessory structures. All accessory structures, including detached garages, fences and walls (including, but not limited to, retaining walls), shall be maintained structurally sound and in good repair. Section 303.2 Enclosures. Private and Public swimming pools, hot tubs and spas, containing more than twenty four (24) inches (610mm) in depth, shall be completely surrounded by a fence or barrier at least forty eight (48) inches (1219mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self -closing and self -latching and meet all the other requirements of Town of Prosper's Residential Swimming Pool Ordinance No. 06-110, as it/they currently exist(s) or may be amended. Gates and doors may not be propped open. Gates, doors and fences may not create a life/safety hazard. All release mechanisms of residential pools, hot tubs and spas shall comply with the International Residential Code, as it currently exists or may be amended. All release mechanisms of non-residential pools, hot tubs and spas shall comply with the Town of Prosper's Residential Swimming Pool Ordinance No. 06-110, as it/they currently exist(s) or may be amended. Self -closing and self -latching gates shall be maintained such that the gate will positively close and latch when released from a full open position up to and including a six (6) inch open position from the gatepost. No existing pool enclosure shall be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier. Section 304.3 Premises Identification. Buildings shall have approved address numbers placed in position to be plainly legible and visible from the street or road fronting the property and visible from the alley, if applicable, of the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four (4) inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Section 304.7 Roofs and Drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in REPEALING ORDINANCE 04-37 AND ADOPTING 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE Page 7 570660.v 1 a manner that creates a public nuisance. Cross lot drainage is prohibited, unless drainage is accepted and approved by the Town as indicated on the approved plans for a property or subdivision. Drainage swales shall be maintained free from any obstruction and shall not be compromised. Section 304.14 Insect Screens. At all times every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self -closing device in good working condition. Section 307.2. Disposal of Garbage. Every occupant of a structure shall dispose of garbage, trash and/or any other debris in a clean and sanitary manner by placing such garbage, trash and other debris into a municipality approved garbage container for disposal or dispose of garbage, trash, and other debris at an approved facility. All garbage, trash and/or debris shall be placed into a trash bag prior to placement into a municipality approved garbage receptacle. Section 307.2.2 Refrigerators & Other Similar Equipment. Appliances, furniture, and other similar household equipment and debris shall not be discarded, abandoned or stored in any manner that may create an attractive nuisance for children or pets or in a manner that may create a life/safety hazard. Section 307.3.1. Garbage Facilities. The owner of every dwelling or rental dwelling shall supply all of the following: an approved mechanical food waste grinder in each dwelling unit, unless, otherwise provided, and an approved outside, covered garbage container. Section 308.4 Multiple Occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for the extermination, unless exempt by contractual agreement. Section 308.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest -free condition of the structure, unless exempt by contractual agreement. Section 401.3 Alternative Devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Town of Prosper's Building Code, as it currently exist or may be amended, shall be permitted. Section 403.5 Clothes Dryer Exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions and the Town of Prosper's Building Code and other applicable codes, as they currently exist or may be amended. REPEALING ORDINANCE 04-37 AND ADOPTING 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE Page 8 570660.v 1 Section 404.7 Food Preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. All spaces to be occupied or utilized for food preparation purposes shall comply with the Town of Prosper's Health Code, as it currently exists or may be amended. Section 505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Town of Prosper's Plumbing Code, as it currently exists or may be amended. Section 602.2 Residential Occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of sixty-eight degrees Fahrenheit (68,T), or twenty degrees Celsius (200C), in all habitable rooms, bathrooms and toilet rooms. Cooking appliances shall not be used to provide space heating to meet the requirements of this Section. Space heaters shall not be used as a primary source to provide heat for habitable rooms, bathrooms and toilet rooms. Section 602.3. Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof, shall supply heat at all times to maintain a temperature of not less than sixty-eight degrees Fahrenheit (68°F), or twenty degrees Celsius (20°C), in all habitable rooms, bathrooms, and toilet rooms. 602.4 Occupiable Work Spaces. Indoor occupied work spaces shall be supplied with heat at all times to maintain a temperature of not less than sixty-five degrees Fahrenheit (65°F), or eighteen degrees Celsius (18°C), during the period the spaces are occupied. Include all `Exceptions' listed in this Section. Section 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the Town of Prosper's Electrical Code, as it currently exists or may be amended. Section 605.2 Receptacles. Every habitable space in a dwelling shall contain the required number and type of receptacles as required by the Town of Prosper's Electrical Code, as it currently exists or may be amended. Section 701.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements of the Town of Prosper's Fire Code and Building Code, as they currently exist or may be amended. A person shall not occupy as an owner, occupant or permit another person to occupy any premises that do not comply with the requirements of Chapter 7 of this code. REPEALING ORDINANCE 04-37 AND ADOPTING 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE Page 9 570660.v 1 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public right-of-way. Means of egress shall comply with the Town of Prosper's Fire Code, as it currently exists or may be amended. Section 702.2 Aisles. The required width of aisles in accordance with the Town of Prosper's Fire Code, as it currently exists or may be amended, shall be unobstructed. Section 704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof, shall be maintained in an operable condition at all times in accordance with the Town of Prosper's Fire Code and Building Code, as they currently exist or may be amended. Chapter 8 - Referenced Standards. Unless otherwise noted, the adoption of the 2006 International Property Maintenance Code, November 2006 Printed Edition, with amendments will refer to the Town of Prosper's current Comprehensive Zoning & Subdivision Regulation Ordinances, Building, Fire, Plumbing, Mechanical, Electrical, Health Codes, and any other ordinance or code adopted by the Town of Prosper, as they currently exist or may be amended. The Town of Prosper rescinds reference to the Existing adopted codes and the Existing adopted zoning code. REPEALING ORDINANCE 04-37 AND ADOPTING 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE Page 10 570660.0 ISPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council Building Inspections Agenda Item No. 5e From: Wayne K. Snell Jr., CBO, Building Official Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — April 13, 2010 Date: April 5, 2010 Consent Agenda Item: Consider and act upon an ordinance amending and adopting regulations for the securing of demolition of substandard or uninhabitable Ordinance). Description of Consent Agenda Item: Building regulations and Substandard Buildings vacant structures and the repair, removal, or buildings or structures (Dangerous Building Town staff has researched current Town of Prosper and various cities Dangerous Building Ordinance in order to improve the current Code in place and provide for consistent up to date documents. The purpose of the Amendment to Chapter 3 (Building Regulations), Article 3.12 (Substandard Buildings) of Prosper's Code of Ordinances is so that the Town Council may promote the public health, safety, and general welfare within the Town through the proper securing of vacant structures and the regulation of substandard buildings. By requiring the securing of vacant structures and the repair, removal, and/or demolition of substandard buildings, the Town Council seeks to protect property values and prevent bodily injury, death, and property damage within the Town limits. Budget Impact: N/A Legal Obligations and Review: Town Attorney has reviewed the Attached ordinances and has been approved as to form. Attached Documents: Ordinance for regulating Dangerous Buildings and Substandard structures Agenda Item No. 5e - Page 1 of 2 Town Staff Recommendation: Town staff recommends that the Town Council consider and act upon adopting an ordinance amending Building regulations and Substandard Buildings and adopting regulations for the securing of vacant structures and the repair, removal, or demolition of substandard or uninhabitable buildings or structures. Agenda Item No. 5e - Page 2 of 2 TOWN OF PROSPER ORDINANCE NO. AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING CHAPTER 3 (BUILDING REGULATIONS), ARTICLE 3.12 (SUBSTANDARD BUILDINGS) OF PROSPER'S CODE OF ORDINANCES; ADOPTING REGULATIONS FOR THE SECURING OF VACANT STRUCTURES AND THE REPAIR, REMOVAL, OR DEMOLITION OF SUBSTANDARD OR UNINHABITABLE BUILDINGS OR STRUCTURES; PROVIDING FOR FINDINGS OF FACT, PURPOSE, DEFINITIONS, DECLARATION, INSPECTION, NOTICE OF VIOLATION, APPLICATION OF STANDARDS, HEARINGS, ORDERS, NOTICE OF REPAIR, REMOVAL, AND/OR DEMOLITION, APPEAL, DEMOLITION, REMOVAL, AND REPAIR EXPENSES, ASSESSMENT OF LIEN; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS, AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas (the "Town") to amend Chapter 3 (Building Regulations), Article 3.12 (Substandard Buildings) of Prosper's Code of Ordinances, as set forth below; and WHEREAS, the Town Council seeks to promote the health, safety and general welfare of the community by preventing death, injuries and property damage within the Town limits; and WHEREAS, the Town Council seeks to protect property values within the Town limits; and WHEREAS, the Town Council finds that substandard buildings or structures pose aesthetic harm to the Town; and WHEREAS, the Town Council finds that substandard buildings or structures are fire hazards and often attract vermin and insects; and WHEREAS, the Town Council finds that unsecure vacant structures create a nuisance to the community; and WHEARAS, the Town Council finds that uncontrolled boarded buildings send a negative signal about a neighborhood and that the presence of a boarded house can bring down the value of other properties in the area; and WHEREAS, pursuant to the laws of the State of Texas, including Texas Local Government Code Section 51.001, the Town Council has the authority to adopt, publish, amend or repeal an ordinance that is for the good government, peace or order of the Town; and Ordinance Amending Chapter 3, Article 3.12 of the Code of Ordinances Page 1 568157.v1 WHEREAS, pursuant to Texas Local Government Code Section 214.001, the Town Council has authority to regulate substandard buildings or structures; and WHEREAS, pursuant to Texas Local Government Code Section 214.002, the Town Council has authority to order the repair, removal or demolition of a substandard building or structure and to repair, remove, or demolish a substandard structure and assess such costs against the property. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1. Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. Amendment to Chapter 3 (Building Regulations), Article 3.12 (Substandard Buildings) of Prosper's Code of Ordinances. Chapter 3 (Building Regulations), Article 3.12 (Substandard Buildings) of Prosper's Code of Ordinances, is hereby amended to read as follows: "Article 3.12. Vacant and Substandard Structures See.3.12.001. Purpose. This Ordinance is adopted so that the Town Council may promote the public health, safety, and general welfare within the Town through the proper securing of vacant structures and the regulation of substandard buildings. By requiring the securing of vacant structures and the repair, removal, and/or demolition of substandard buildings, the Town Council seeks to protect property values and prevent bodily injury, death, and property damage within the Town limits. Sec.3.12.002. Definitions. As used in this Ordinance, the following terms shall be defined as follows: Appraised value means the value given the structure by the applicable County's tax assessor's office. Artistic Boarding means painting material used to secure door, window, or other openings to resemble the opening which they are covering. Refer to Standards for Securing and Artistic Board -Up. Building means any structure of any kind or any part thereof, including a wall, slab, porch, foundation, the collapsed remains of a structure, or any other portion of a building, wall, or fence that was erected for the support, shelter or Ordinance Amending Chapter 3, Article 3.12 of the Code of Ordinances Page 2 568157M enclosure of persons, animals, chattel or property of any kind. Town means the Town of Prosper, Texas. Town Council means the Town Council of the Town of Prosper. Demolish means to tear down, destroy, dismantle, or otherwise abolish the existence of a building or structure in a lawful manner and to remove all remaining pieces, parts, rubbish, and traces of the building or structure. Diligent effort means best or reasonable effort to determine the identity and address of an owner, a lien holder, or a mortgagee including a search of the following records: (a) County real property records of the county in which the building is located; (b) Appraisal District records of the Appraisal District in which the building is located; (c) Records of the Secretary of State; (d) Assumed name records of the county in which the building is located; and (e) Town utility records. Minimum housing standards means those standards found in the Town's adopted standard building, electrical, plumbing, gas, mechanical, and fire prevention codes. Owner means any person, agent, firm or corporation, named in the real property records of the county where the building is located as owning or having a financial interest in the property. Securing means measures that assist in making the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, erecting fences or walls, chaining/pad locking of gates, the repair or artistic boarding of door, window or other openings. Refer to Standards for Securing and Artistic Board -Up. Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built or composed of parts joined together in some definite manner, or any part thereof, including a wall, slab, portion, foundation, or the collapsed remains of a structure. Vacant means a property which is lacking habitual presence of human beings who have a legal right to be on the property, or at which substantially all lawful business operations or residential occupancy has ceased. In determining whether a property is vacant, it is relevant to consider, among other factors, the percentage of overall square footage of any building on the property or floor to the occupied space, the condition and value of any items in the property and the Ordinance Amending Chapter 3, Article 3.12 of the Code of Ordinances Page 3 568157.v1 presence of rental or for sale signs on the property; provided that multi -family residential property containing three (3) or more dwelling units shall be considered vacant when the majority of all of the dwelling units become unoccupied and a majority remain unoccupied. A property shall not be considered vacant which is being currently marketed by a licensed real estate professional hired by the former or current occupant of the property (currently marketed shall mean that the structure is listed on the multiple listing service, the structure is available to prospective buyers for viewing, and a reasonable asking price has been disclosed. The Building Official may use the assessed market value of the property as last determined by the tax assessor to determine if the asking price disclosed by the owner is reasonable), and to which the water service has not been shut-off. Sec. 3.12.003. Securing Vacant Structures. (a) Owners shall have the responsibility for maintaining all vacant structures, including dwellings units, dwellings, principal buildings, pools or spas, and accessory buildings in a locked or closed condition so that they cannot be entered without an unlawful break-in. If a structure is vacant, the Building Official may, to assure compliance with this section, order an owner to board additional areas of the structure. (1) Owners shall obtain a permit prior to boarding. (2) If a structure is vacant, Boarding of a structure shall be required for all doors and windows on ground level and those doors and windows accessible to grade by stairs or permanently fixed ladders or within ten (10) feet of grade. (3) Boards shall be cut and attached in accordance with Standards for Securing and Artistic Board -Up. (4) At least one door boarded at the grade level shall be maintained with locks or hinges to permit entry for inspection purposes. (5) Boards shall be painted in accordance with Standards for Securing and Artistic Board -Up. (6) Screening or alternate methods of boarding may be permitted when approved by the Building Official. (7) The owner of a structure boarded under this section shall be required, upon notification, to provide entry to the structure to the Building Official at least once every twelve (12) months, for inspection purposes, or at any time when the structure has been unlawfully entered. Ordinance Amending Chapter 3, Article 3.12 of the Code of Ordinances Page 4 568157M (8) The owner of a structure boarded under this section shall notify the Building Official in writing no later than ten (10) days after the sale of the structure or the unboarding of the property. (9) The owner shall also properly post a no -trespass sign on the property where the vacant structure is located as required by the Police Department. (b) In all cases where a building or structure constitutes a nuisance to the general public because it is vacant and open to unauthorized entry, the Building Official may notify the owner to secure the building or structure within twenty-four (24) hours. In the event the owner fails to secure the building or structure in that time, the Building Official may take whatever measures are necessary to secure the building. The cost of such measures shall be recovered in the same manner as described in Section 3.12.012 of this Ordinance. (c) Alternatives to boarding. The Building Official may determine if a method such as fencing is better suited to properly secure the structure. Sec.3.12.004. Emergencies. (a) Emergency defined. For the purpose of this article, an emergency is hereby defined as any case where it reasonably appears there is immediate danger to the health, life, safety or welfare of any person because of a dangerous condition which exists in violation of this article. (b) Authority. In any emergency case, the Building Official shall have the power to take emergency measures to abate or to correct such dangerous condition. The emergency power herein granted shall include power to cause the immediate vacation of any building and the summary correction of any emergency condition which exists in violation of this article, including but not limited to demolition of dangerous buildings. (c) Emergency order not appealable. No appeal to the Construction Board of Appeals shall lie from an emergency order, and such order shall not be reviewed or stayed other than by the district court of the county in which the premises or structure is located on which the emergency condition exists. (d) Costs of abatement. The costs of emergency abatement shall be recovered as provided in Sec. 312.012 of this Ordinance for the recovery of costs. Sec. 3.12.005. Substandard Declaration. If the Construction Board of Appeals finds that a structure qualifies as a Ordinance Amending Chapter 3, Article 3.12 of the Code of Ordinances Page 5 568157M substandard structure, as defined and described herein, such structure shall automatically be deemed to be a danger to the public health and welfare, a public nuisance, and in violation of this Ordinance. Compliance is required with any orders issued by the Construction Board of Appeals relating to the repair, removal, or demolition of the substandard structure. Sec. 3.12.006. Inspections. An inspection shall be made of any building located within the Town which is suspected of being in violation of this Ordinance. The Town's Building Official or Fire Marshall is hereby authorized to conduct inspections of buildings suspected of being in violation of this article and take such actions as may be required to enforce the provisions of this article. If the Town's Building Official, or Fire Marshall believe that a structure is substandard, as described and defined herein below, they shall provide the notice and schedule a hearing before the Construction Board of Appeals, as described herein. Sec. 3.12.007. Notice of Violation. (a) Whenever the Chief Building Official believes that a structure violates this Ordinance, a public hearing by the Construction Board of Appeals shall be provided to determine whether the building should be declared a substandard structure. (b) A notice of the violation shall be sent to the occupant, if any, and record owner/s, lien holder/s or mortgagee/s. Such notice shall be in writing and shall be served by personal delivery or by certified mail, return receipt requested. Notice to the occupant of the property does not require the occupant's name. (c) The Town shall make a diligent effort to discover each mortgagee and lien holder before issuing notice of the hearing. (d) Notice shall be served to all unknown owners, lien holders, or mortgagees, by posting a copy of the notice on the front door of each affected structural improvement situated on the property and as close to the front door as practicable. (e) If the owner's address is different than the address shown for the property involved, notice shall be served to the other address of the owner. Service of this notice may be accomplished by the first class U.S. mail or by personal delivery to any occupant of the property who is above the age of eighteen (18) years. (f) The notice of violation shall be filed in the Official Public Records of Real Property in the county in which the property is located. (g) The notice shall contain: Ordinance Amending Chapter 3, Article 3.12 of the Code of Ordinances Page 6 568157.v1 (1) The name and address of the owner of the property; (2) The names of all persons to whom notice is being served; (3) The street address and legal description of the premises; (4) The date of inspection; (5) The nature of the violation; (6) The date, time and location of the hearing; and (7) A statement that the owner, lien holder, or mortgagee will be required to submit at the public hearing proof of the scope of any work that may be required to comply with the Town's Building Ordinances and Fire Code and the time it will take to reasonably perform the work. (h) After all attempts to notify owners, lien holders and mortgagees under this Ordinance have been made and documented, any refusal to accept or claim hand -delivered, mailed or posted notice will not affect the validity of the notice. Sec. 3.12.008. Application of Standards. (a) The Construction Board of Appeals is authorized to find that a structure is a substandard structure if: (1) The building or structure has been damaged by fire, earthquake, tornado, wind, flood, vandals or any other cause, to such an extent that the structural strength or stability thereof is subject to partially or fully collapsing. (2) The building or structure was constructed or maintained in violation of any provision of the Town's Building Codes, Fire Code or any other applicable ordinance or law of the Town, county, state, or federal government. (3) Any wall or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle one-third (1/3) of its base. (4) The foundation or the vertical or horizontal supporting members are twenty-five (25) percent or more damaged or deteriorated. (5) The nonsupporting coverings of walls, ceilings, roofs, or floors are fifty (50) percent or more damaged or deteriorated. Ordinance Amending Chapter 3, Article 3.12 of the Code of Ordinances Page 7 568157M (6) The structure has improperly distributed loads upon the structural members, or they have insufficient strength to be reasonably safe for the purpose used. (7) The structure or any part thereof has been damaged by fire, water, earthquake, wind, tornado, vandalism, or other cause to such an extent that it has become dangerous to the public health, safety and welfare. (8) A portion of a building or structure remains on a site when construction or demolition work is abandoned. (9) A door, aisle, passageway, stairway, fire escape or other means of egress is not of sufficient width or size, or is damaged, dilapidated, obstructed or otherwise unusable, or so arranged so as not to provide safe and adequate means of egress in case of fire or panic. (10) The structure, because of its condition, is unsafe, unsanitary, or dangerous to the health, safety or general welfare of the Town's citizens including all conditions conducive to the harboring of rats or mice or other disease carrying animals or insects reasonably calculated to spread disease. (11) The structure has been found to contain molds which are known to be harmful to humans, and that remediation of such mold contamination would exceed fifty (50) percent of the value of the structure. (12) Whenever the building or structure has been so damaged by fire, wind, tornado, earthquake or flood, or has become so dilapidated or deteriorated as to become: (A) An attractive nuisance to children; (B) A harbor for vagrants, criminals or trespassers; or as to (C) Enable persons to resort thereto for the purpose of committing unlawful acts. (13) A portion of the building or member or appurtenance thereof (e.g. porch, chimney, signs) is likely to fall, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. (14) The building or structure has any portion, member or appurtenance, ornamentation on the exterior thereof which is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of safely resisting wind pressure, snow, ice, or other loads. Ordinance Amending Chapter 3, Article 3.12 of the Code of Ordinances Page 8 568157M (15) The electrical system is totally or partially damaged, destroyed, removed or otherwise made inoperable, unsafe or hazardous. (16) The plumbing system is totally or partially damaged, destroyed, removed or otherwise made inoperable or unsanitary. (17) The mechanical system or any portion of the mechanical system is totally or partially damaged, destroyed, removed or otherwise made inoperable or unsafe. (18) The building or structure, because of obsolescence, dilapidated condition, deterioration or damage, is detrimental to the sale, loan or taxable values of surrounding properties or which renders such surrounding properties uninsurable or which constitutes a blighting influence upon the neighborhood or which constitutes an eyesore so as to deprive owners or occupants of neighboring property of the beneficial use and enjoyment of their premises or which presents an appearance which is offensive to persons of ordinary sensibilities. Sec.3.12.009. Hearing. (a) To determine if a structure is substandard, there shall be a public hearing scheduled with the Construction Board of Appeals. The date of the hearing shall not be less than ten (10) days after notice is made, as described in Section 3.12.007. (b) If at the public hearing evidence is provided that a substandard structure exists, the Town shall require the owner, lien holder, or mortgagee of the building to repair, remove, or demolish the building within thirty (30) days, unless it is proven at the hearing that the work cannot reasonably be done in thirty (30) days. (c) If the Construction Board of Appeals allows more than thirty (30) days for the building to be repaired, removed, or demolished, the Construction Board of Appeals shall establish specific time schedules for the work to be commenced and finished and shall require the owner, lien holder, or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined by the Building Official. (d) The Construction Board of Appeals shall not allow the owner, lien holder or mortgagee more than ninety (90) days to repair, remove, or demolish the building unless a detailed plan and time scheduled for the work are submitted at the hearing and it is proven at the hearing that the work cannot reasonably be completed within ninety (90) days. Additionally, the owner, lien holder, or mortgagee must submit work progress reports to Ordinance Amending Chapter 3, Article 3.12 of the Code of Ordinances Page 9 568157M demonstrate compliance with the time schedule established. (e) In any case where the Construction Board of Appeals finds that fifty (50) percent or more of the value of the structure is damaged or deteriorated, a building shall be demolished or removed, and in all cases where a structure cannot be repaired so that it will no longer exist in violation of the provisions of this Ordinance, it shall be demolished or removed. See.3.12.010. Appeal. In accordance with Section 214.0012 of the Local Government Code, the owner, lien holder, or mortgagee shall have the right to appeal the decision made at the hearing to a district court. A notice of appeal must be filed with the district court within thirty (30) calendar days from the date the order is mailed to the owner, lien holder or mortgagee, as provided herein. The petitioner shall provide the Town with evidence that an appeal has been made to district court within thirty (30) days. Sec. 3.12.011. Notice of repair, removal, or demolition. (a) If the building is ordered to be repaired, removed, or demolished, the Town shall promptly mail a copy of the order by certified mail, return receipt requested, to the owner of the building and to any lien holder or mortgagee of the building. (b) Within ten (10) days after the date that the order is issued, the Town shall: (1) File a copy of the order in the office of the Town Secretary; and (2) Publish a notice in a newspaper where the building is located stating: (A) The street address or legal description of the property; (B) The date of the hearing; (C) A brief statement indicating the results of the order; and (D) Instructions as to where a complete copy of the order may be obtained. (c) If demolition or removal of the building or structure is ordered, demolition or removal shall not occur until the Municipal Court Judge has issued a seizure and demolition warrant supported by a probable cause affidavit stating that: (1) The Town has complied with the procedures set forth in this Ordinance; (2) Demolition has been ordered by the Town; and Ordinance Amending Chapter 3, Article 3.12 of the Code of Ordinances Page 10 568157.v1 (3) The time for appeal of the order to District Court has expired and no appeal has been taken or, in the alternative, the order was appealed to District Court but the appeal has been finally resolved in a manner that does not prevent the Town from proceeding with removal or demolition. Sec. 3.12.012. Demolition, removal, and repair expenses. (a) Whenever it is discovered upon reinspection that the owner, mortgagee or lien holder has failed to either repair, remove, or demolish the building within the allotted time, the Town, or its authorized agent, may repair, remove, or demolish said building or cause the same to be done and charge the expenses incurred in doing such work or having the same done to the owner of said land. (b) If the owner fails or refuses to comply with the demand for compliance in the notification within the requirements of such notification, The Town of Prosper may do work or make improvements required to abate violation, pay for the work done or improvements made, and charge the expenses to the owner of the property as provided herein. The property owner will have twenty (20) days to reimburse the Town of Prosper from the completion date of such work to abate the violation(s) at the property. (c) In the event the owner fails or refuses to pay such expenses charged to the owner, within twenty (20) days after the abatement work is completed, a lien may be obtained. The lien and other expenses incurred to the Town of Prosper may be filed against the property. Expenses will include, but not be limited to, an Administrative Fee of one hundred fifty dollars and no/100 ($150.00), fees to file lien, fees to release lien, postage fees, courier fees, legal fees, and any other fees charged to the Town of Prosper. (d) If such work is done at the expense of the Town, then said expense shall be assessed against any salvage resulting from the demolition of the building and against the lot, tract, or parcel of land, or the premises upon which such expense was incurred, and shall be considered a lien against the property as described in Section 3.12.002. (e) For the purposes of this section, any repair, alteration or improvement made to a building by the Town will only be to the extent necessary to bring the building into compliance with the Town's minimum Building and Fire Code standards and only if the building is a residential building with ten (10) or fewer dwelling units; provided however, the Town of Prosper may elect to obtain a judicial determination by a decree of a court of competent jurisdiction of the existence, in fact, of a public nuisance in cases contemplated by this Ordinance. Such judicial determination may include any available remedy for the abatement of such a nuisance. Ordinance Amending Chapter 3, Article 3.12 of the Code of Ordinances Page 11 568157.0 Sec. 3.12.013. Assessment of Lien. (a) When the Town incurs expenses to repair, remove, or demolish a building under this Ordinance, the Town places a lien against the property on which the building is located, unless it is a homestead as protected by the Texas Constitution. The lien arises and attaches to the property when the notice of the lien is recorded and indexed with the County Clerk of Collin or Denton County, Texas. The notice shall contain: (1) The name and address of the owner, if that information can be determined with a reasonable effort; (2) A legal description of the property on which the building was located; (3) The amount of expense incurred by the Town; (4) The balance due; and (5) The date on which said work was done or improvements made. (b) The Town shall have a privileged lien on such lot, lots, or other premises or real estate upon which said building was located, to secure the expenditure so made, which said liens shall be second only to tax liens and liens for street improvements; and said amount shall bear ten (10) percent interest from the date such statement was filed. It is further provided that for any such expenditure and interest, as aforesaid, suit may be instituted and recovered, and foreclosure of said lien may be made in the name of the Town; and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or expense. (c) The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the Town for the expenses." SECTION 3. Penalty Provision. Any person, firm, entity or corporation who violates any provision of this Ordinance, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined in a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation 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 4. Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal Ordinance Amending Chapter 3, Article 3.12 of the Code of Ordinances Page 12 568157M prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5. Severability. Should any section, subsection, clause or phrase of this Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full for force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clauses and phrases be declared unconstitutional or invalid. SECTION 6. Effective Date. This Ordinance shall be effective immediately upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS on this day of , 2010. ATTESTED AND CORRECTLY RECORDED: Matthew Denton, Town Secretary Date(s) of publication: Ray Smith, Mayor Pro Tern Prosper Enterprise Ordinance Amending Chapter 3, Article 3.12 of the Code of Ordinances Page 13 568157.v1 ISPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Chris Copple, AICP, Senior Planner PLANNING Agenda Item No. 5f Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — April 13, 2010 Date: April 6, 2010 Agenda Item: Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. Description of Agenda Item: Attached are the site plan and preliminary site plan acted on by the Planning & Zoning Commission at their April 6, 2010 meeting. Per the Town's Zoning Ordinance, the Town Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any site plan or preliminary site plan acted on by the Planning & Zoning Commission. Attached Documents: 1. Site plan of U-Haul Center Parking Improvements, on 5.5t acres, located on the north side of U.S. 380, 2,000± feet west of Dallas Parkway. 2. Preliminary site plan of Preston 48, Block A, Lot 5, on 1.1 t acres, located on the south side of Prosper Trail, 500t feet west of Preston Road. Town Staff Recommendation: Town staff recommends the Town Council take no action based on the approval of the site plan and preliminary site plan by the Planning & Zoning Commission. Agenda Item No. 5f - Page 1 of 1 0 2S ..... ...... ..... . 0 42 .......... W4.M. ....... ...... ..... .. .. US Ht4GHW,4Y3w_: Ir HI M M- poll i -TI 0 II Nm�OjIIIHU €9$f3�nl8��aRa" 13j3 ui� r p I g oi r90 M N N a I >Q� I � I I , uw ✓� p I m � Y G E � °a y R rc U U I I I I I } $ r f I f— 1 I 7 Az.l0 S I ° r EE I p y W � ! �i GGGGG PRELIMINARY SITE PUN INTEGRITY. --CAR CARE .mo. 0 Lpf �e{aitA N1610Nb AppR1ON i� ..�...b s.w.is �•�•• J.�m±we.aoeeeUe ORzo Eowmas ENoINHfA1NG SENVC68, INo. cao [OfAO, P.a. r �- ©� -_ hlOae.. TODAY o ISPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Mike Land, Town Manager ADMINISTRATION Agenda Item No. 59 Re: Town Council Meeting — Tuesday April 13, 2010 Date: April 6, 2010 Agenda Item: Consider and act on a Resolution approving the First Amendment to the Pre -Annexation Agreement between the Town of Prosper and The Mahard 2003 Partnership, Mahard Egg Farm Inc. and Forest City Prosper Limited Partnership. Description of Agenda Item: The parties entered into the Pre -Annexation Agreement on November 27, 2007. Contained within the agreement were certain provisions related to the proposed conveyance of certain lands for the eventual construction by PISD of an elementary school. Due to the economic slowdown, the Developer and Owner have requested with PISD's concurrence to extend the time for said dedication to take place. The timeline extends the dedication requirement to July 31, 2011. The agreement has been signed by the PISD and the Developer and Owner. Budget Impact: NA Legal Obligations and Review: NA Attached Documents: First Amendment to Pre -Annexation Agreement 2. Resolution approving the First Amendment to the Pre -Annexation Agreement Town Staff Recommendation: Town Staff recommends the Town Council approve the First Amendment to the Pre -Annexation Agreement as presented and already accepted by the PISD. Agenda Item No. Sg - Page 1 of 1 After recording return to: Town Manager Town of Prosper 121 W. Broadway Prosper, Texas 75078 STATE OF TEXAS § COUNTY OF DENTON § TOWN OF PROSPER § FIRST AMENDMENT TO PREANNEXATION AGREEMENT THIS FIRST AMENDMENT TO PREANNEXATION AGREEMENT (this "Amendment") is entered into to be effective as of the 3 1 " day of January, 2010, (the "Effective Date") by and among THE MAHARD 2003 PARTNERSHIP, L.P., a Texas limited partnership, and MAHARD EGG FARM INC., a Texas corporation (collectively, "Mahard Owner"), FOREST CITY PROSPER LIMITED PARTNERSHIP, a Texas limited partnership ("Developer'), and the TOWN OF PROSPER, TEXAS, a Texas home rule municipality ("Town"), pursuant to the terms and conditions set forth herein. The parties to this Amendment are individually referred to herein as a "rjj:b" and, collectively, as the "Parties". RECITALS: A. The Parties have entered into that certain Preannexation Agreement dated effective as of November 27, 2007 and recorded as Instrument Number 2009-132724 of the Real Property Records of Denton County, Texas (the "Agreement"), covering certain real property as more particularly described therein (the "Properties"). B. Pursuant to that certain Special Warranty Deed dated November 30, 2007 and recorded as Instrument Number 2007-144196 of the Real Property Records of Denton County, Texas, Mahard Owner conveyed a portion of the Mahard Property consisting of 422 acres (the "Phase I Property") to Developer. C. Pursuant to that certain Limited General Warranty deed dated January 23, 2008 and recorded as Instrument Number 2008-9958 of the Real Property Records of Denton County, Texas, FC Prosper Partner, Inc., a Texas corporation ("FC Prosper"), conveyed the FC Prosper Property (as defined in the Agreement) to Developer (the Phase I Property and the FC Prosper Property are referred to herein collectively as, the "Developer Property"). D. Developer and Owners have requested an extension of the deadline to donate the first elementary school site, and the Town has agreed to such extension upon terms more particularly set forth herein. E. The Parties now desire to enter into this Amendment to amend certain provisions of the Agreement. 5736728v.1 AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Defined Terms. All terms not defined herein shall have the meaning ascribed to such terms in the Agreement. All references in the Agreement to "FC Prosper" are hereby amended to read "Developer", and references to "FC Prosper Property" are hereby amended to read "Developer Property". The definition of "Mahard Property" is hereby amended to exclude the Phase I Property, and all references to the "Properties" shall mean the Mahard Property and the Developer Property. All references to the "Owners" shall mean Mahard Owner and Developer, in its capacity as owner of the Developer Property. 2. School Area Donation. The deadline for the donation of the first elementary school site, as set forth in the third sentence of Section 3(e) of the Agreement, is hereby extended until July 31, 2011. 3. Unmodified Terms. By their execution hereof, the Parties acknowledge that the Agreement is in full force and effect (as specifically modified and amended hereby). 4. Authority to Execute. The individuals executing this Amendment on behalf of the respective Parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Amendment to do so for and on behalf of the Party for which his or her signature appears, that there are no other parties or entities required to execute this Amendment in order for the same to be an authorized and binding agreement on the Party for whom the individual is signing this Amendment and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective as of the Effective Date. 5. Counterparts. This Amendment may be executed in counterparts, each of which shall constitute an original and all which taken together shall constitute an original, single agreement. Signing and sending a counterpart (or a signature page detached from the counterpart) by facsimile or other electronic means to another party will have the same legal effect as signing and delivering an original counterpart to the other party. A copy (including a copy produced by facsimile or other electronic means) of any signature page that has been signed by or on behalf of a party to this Amendment will be effective as the original signature page for the purpose of proving such parry's agreement to be bound. 5736728v.1 2 IN WITNESS WHEREOF, the Parties have executed this Amendment as of the Effective Date. MAHARD OWNER: THE MAHARD 2003 PARTNERSHIP, L.P., a Texas limited partnership By: Mahard Pullet Farms, Inc., a Texas corporation, its General Partner By Ernest A. Mahard, Jr., Preside t MAHARD EGG FARM, INC., a Texas corporation By. Ernest A. Mahard, Jr., Presid t DEVELOPER: FOREST CITY PROSPER LIMITED PARTNERSHIP, a Texas limited partnership By: FC Prosper Partner, Inc., a Texas corporation, its General Partner David R. Blom, Authorized Agent 5736728v.1 3 TOWN OF PROSPER, TEXAS By: Name: Title: As a third party beneficiary of subparagraph a of Paragraph 3 of the Agreement for the purposes stated therein: PROSPER INDEPENDENT SCHOOL DISTRICT B Name: Title: oj' SZ zob (s T 5736728v.1 ACKNOWLEDGEMENTS: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared Ernest A. Mahard, Jr., President of Mahard Pullet Farms, Inc., a Texas corporation, General Partner of Mahard 2003 Partnership, L.P., a Texas limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument, who acknowledged to me that he executed said instrument for the purposes and consideration therein expressed. WITNESS BY HAND AND SEAL this day of STATE OF TEXAS § COUNTY OF § 2010. Notary Public in and for the State of Texas BEFORE ME, the undersigned authority, on this day personally appeared Ernest A. Mahard, Jr., President of MAHARD EGG FARM, INC., a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument, who acknowledged to me that he executed said instrument for the purposes and consideration therein expressed. WITNESS BY HAND AND SEAL this day of , 2010. Notary Public in and for the State of Texas 5736728v.1 5 STATE OF Xq�S § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared David R. Blom, Authorized Agent of FC Prosper Partner, Inc. a Texas corporation, General Partner of FOREST CITY PROSPER LIMITED PARTNERSHIP, a Texas limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument, who acknowledged to me that he executed said instrument for the purposes and consideration therein expressed. WITNESS BY HAND AND SEAL this .4%7/ day of ,EG/ , 2010. t LOS '90 iegW9AON `ti}�1��3 rYN sojidx3 uoissiwwoo AN sexel 10 e1elS 'opgnd tiJMN d3.NVNOH '1 WHldA STATE OF TEXAS § COUNTY OF DENTON § NotaA Pu W c iPancf for the State of Texas BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, who acknowledged to me he/she is the duly authorized representative for the TOWN OF PROSPER, TEXAS and that he/she executed said instrument for the purposes and consideration therein expressed. WITNESS BY HAND AND SEAL this day of 2010. Notary Public in and for the State of Texas 5736728v.1 6 STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, who acknowledged to me he/she is the duly authorized representative for the PROSPER INDEPENDENT SCHOOL DISTRICT and that he/she executed said instrument for the purposes and consideration therein expressed. WITNESS BY HAND AND SEAL this day of , 2010. Notary Public in and for the State of Texas 5736728v.1 7 TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER TEXAS, HEREBY APPROVING THE FIRST AMENDMENT TO THE PREANNEXATION AGREEMENT BETWEEN THE TOWN OF PROSPER, MAHARD 2003 PARTNERSHIP, MAHARD EGG FARM INC, AND FOREST CITY PROSPER LIMITED PARTNERSHIP NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Council of the Town of Prosper, Texas, approved the First Amendment to the Preannexation Agreement between the Town of Prosper, Mahard 2003 Partnership, Mahard Egg Farm Inc, and Forest City Prosper Limited Partnership, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 13th day of April, 2010 Ray Smith, Mayor Pro -Term ATTEST TO: Matthew D. Denton, TRMC Town Secretary ;1SPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council PUBLIC WORKS Agenda Item No. 5h From: Frank E. Jaromin PE, Director of Public Works CC: Mike Land, Town Manager Re: Town Council Meeting — April 13, 2010 Date: April 6, 2010 Agenda Item: Consider and act upon an Interlocal Cooperation Agreement between the City of Frisco and the Town of Prosper concerning the collection, transportation, processing and disposal of solid waste and recyclable materials. Description of Agenda Item: Frisco will assist Prosper with the start-up of Prosper's participation and use of Frisco's House Hold Hazardous Waste (HHW) Collection Facility by providing literature, policies, procedures, and other operational guidelines from Frisco's HHW Collection Program. Frisco will sort and stock the HHW materials delivered to Frisco's HHW Collection Facility from Prosper residents only; no commercial accounts will be accepted. Frisco will only accept HHW materials identified in the attached Exhibit A as acceptable material from Prosper residents who also provide a completed voucher obtained from Prosper's designated departmental office. Frisco will make the HHW Collection Facility available to citizens of Prosper during regular HHW materials' collection times identified in Exhibit B, Use of the HHW Collection Facility by residents of Prosper is limited to pick up of sorted and stocked items in accordance with the policies of the HHW Collection Facility. Fees associated with electronic waste will be collected by Prosper from the resident. Staff is anticipating limiting the number of vouchers to 240 per year or 20 per month on a first come basis and one per family per year. Agenda Item No. 5h - Page 1 of 2 Budget Impact: The Town is requesting a budget amendment of $12,000 dollars per year to start this program or 240 vouchers. Funding for the House Hold Hazardous Waste Project will come from the Town's Utility Fund, Solid Waste Division. Lecial Oblisiations and Review: The Town Attorney has reviewed and approved to form. Attached Documents: 1. Interlocal Cooperation Agreement by and between the Town of Prosper and the City of Frisco, Texas for Household Hazardous Waste Disposal and Reuse Program. 2. Resolution authorizing the Town Manager to execute the agreement. 3. Location Map of Collection Center. Town Staff Recommendation: Town staff recommends that the Town Council approve and act upon the Interlocal Cooperation Agreement between the City of Frisco and the Town of Prosper concerning the collection, transportation, processing and disposal of solid waste and recyclable and adopt a resolution authorizing the Town Manager to execute the same. Agenda Item No. 5h - Page 2 of 2 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 AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE TOWN OF PROSPER, TEXAS AND THE CITY OF FRISCO, TEXAS, FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM. 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, an Interlocal Cooperation Agreement by and between the Town of Prosper, Texas and the City of Frisco, Texas, for a Household Hazardous Waste Disposal and Reuse Program for the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 13th day of April, 2010 Ray Smith, Mayor Pro -Term ATTEST TO: Matthew Denton, Town Secretary INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE TOWN OF PROSPER, TEXAS AND THE CITY OF FRISCO, TEXAS, FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM THIS AGREEMENT is made and entered into by and between the CITY OF FRISCO, a home -rule municipal corporation located in Collin and Denton Counties, Texas ("Frisco"), and the TOWN OF PROSPER, a home -rule municipal corporation located in Collin and Denton Counties, Texas ("PROSPER") WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the act; and WHEREAS, the collection, transportation, processing and disposal of solid waste and recyclable materials is a governmental function of which both FRISCO and PROSPER are engaged for the benefit of their citizens; and WHEREAS, FRISCO and PROSPER recognize the benefit of recycling as a means of reducing solid waste disposal and preserving and protecting the health, safety, and welfare of their citizens; and WHEREAS, for several years FRISCO has operated an Household Hazardous Waste ("HHW") collection program ("HHW Collection Program") in which certain recyclable or reusable HHW items are collected and recycled through the City's HHW Collection Facility for the benefit of its citizens, as more particularly described in Exhibit A, attached hereto and incorporated herein for all purposes; and WHEREAS, FRISCO maintains and operates a HHW Collection Facility at 6616 Walnut Street, Frisco, Texas ("HHW Collection Facility"). The HHW Collection Facility is used for sorting and stocking HHW items collected for reuse and disposal; and WHEREAS, PROSPER wants to start utilizing Frisco's HHW Collection Facility for the proper disposal of possibly hazardous materials delivered by PROSPER residents; and ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM (PROSPER) PAGE 1 OF 15 #571275 WHEREAS, HHW recycling is a common governmental interest shared by both cities, and joint use of FRISCO'S HHW Reuse Facility will benefit the public heath, and safety and welfare of the citizens of FRISCO and PROSPER; and WHEREAS, FRISCO and PROSPER have current funds available to satisfy and fees or expenses incurred pursuant to this Agreement. NOW, THEREFORE, FRISCO and PROSPER, for the mutual consideration hereinafter stated agree as follows: EFFECTIVE DATE The effective date of this Agreement shall be April 1, 2010. TERM The initial term of this Agreement shall be for the period of one (1) year, beginning on April 1, 2010 and ending September 30, 2010. Thereafter, upon mutual agreement of the parties hereto, this Agreement may be renewed annually for five (5) successive one (1) year terms commencing on October 1 of each year, unless terminated earlier by either FRISCO or PROSPER as set forth below. DUTIES OF PARTIES 1. FRISCO will assist PROSPER with start-up of PROSPER's participation and use of FRISCO's HHW Collection Facility by providing literature, policies, procedures, and other operational guidelines from FRISCO's HHW Collection Program. 2. FRISCO will sort and stock the HHW materials delivered to FRISCO'S HHW Collection Facility from PROSPER residents only; no commercial accounts will be accepted. Any over abundance of a single item, as solely determined by FRISCO, will be considered as ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM (PROSPER) PAGE 2 OF 15 #571275 commercial waste and will not be accepted. FRISCO will only accept HHW materials identified in the attached Exhibit A as acceptable material from PROSPER residents who also provide a completed Voucher (hereinafter defined) obtained from PROSPER's designated departmental office. 3. FRISCO reserves the right to reject, in its sole discretion, any and all HHW materials, or other solid waste, delivered by PROSPER residents. 4. FRISCO will make the HHW Collection Facility available to citizens of PROSPER during regular HHW materials' collection times identified in Exhibit B, attached hereto and incorporated herein for all purposes. Use of the HHW Collection Facility by residents of PROSPER is limited to pick up of sorted and stocked items in accordance with the policies of the HHW Collection Facility. 5. Under no circumstances will PROSPER residents be allowed to deliver HHW materials without the proper issued Voucher and identification and/or outside of designated drop off times, identified in Exhibit B. 6. Under no circumstances will FRISCO accept any method of payment from PROSPER residents for items not clearly authorized for delivery by the Voucher or for the additional delivery of fee -assessed items, as described in Exhibit C, attached hereto and incorporated herein for all purposes. 7. PROPPER agrees to issue Vouchers according to Paragraph V below. 8. PROSPER shall pay a monthly fee, asset forth in Paragraph IV below, for access and use of the HHW Collection Facility. This monthly fee will be due and payable within thirty (30) days of PROSPER's receipt of any invoice from FRISCO. 9. Upon termination of this Agreement, PROSPER shall immediately cease issuing Vouchers to PROSPER residents and shall provide written notice of the termination of this Agreement to ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM (PROSPER) PAGE 3 OF 15 #571275 the citizens of PROSPER within thirty (30) days of the notice termination. Upon termination of this Agreement, FRISCO shall cease providing services to PROSPER pursuant to this Agreement. PROSPER will immediately return any remaining Vouchers to FRISCO. "r PAYMENT TERMS/FISCAL FUNDING 1. PROSPER agrees to pay FRISCO a fee per redeemed voucher as identified in Exhibit C, attached hereto and incorporated herein for all purposes ("Vouchers") for the right to utilize the HHW Collection Facility. FRISCO will return copies of redeemed vouchers to PROSPER as proof of use along with the PROSPER invoice. 2. Additionally, Fee Associated Electronic Waste ("E-Waste") will be billed monthly according to the number of units/items collected. E-Waste will be billed separately from HHW Vouchers according to the number of computer monitors and televisions collected from PROSPER residents, in the amounts identified in Exhibit C and pursuant to the authorized E- Waste Voucher. 3. All fees and expenses incurred by either party as a result of its obligations hereunder shall be paid from current revenues legally available to each party respectively. FRISCO and PROSPER recognize that the continuation of any contract after the close of any given fiscal year, which fiscal years ends on September 30th of each year, shall be subject to approval by the City Council of FRISCO and Town Council of PROSPER, respectively. In the event that the City Council of FRISCO or Town Council of PROSPER do not approve the appropriation of funds for this Agreement, the Agreement shall terminate at the end of the fiscal year for which funds were appropriated, and the parties shall have no further obligation hereunder except the payment of outstanding invoices. ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM (PROSPER) PAGE 4 OF 15 #571275 M VOUCHERS 1. This Agreement entitles PROSPER to an unlimited amount of HHW and E-Waste Vouchers annually. Each Voucher will have a value ascribed to it as identified in Exhibit C. Vouchers requested by PROSPER are valid until the end of the subject fiscal year or thirty (30) days from issuance, whichever is longer. All Vouchers not redeemed at the HHW Collection Facility within the time period proscribed herein will be forfeited. 2. FRISCO will print and distribute vouchers to PROSPER to be dispersed to PROSPER residents. 3. Vouchers will have separate fields that must be clearly marked for HHW drop off and/or E-Waste drop off, as shown on Exhibit D. 4. Vouchers must be accurately completed by PROSPER representatives with a required PROSPER approving stamp, supplied by FRISCO. Failure to produce accurately completed Vouchers will result in non -collection of items delivered by PROSPER residents. 5. Vouchers issued for fee assessed items will be paid to PROPSER by PROSPER residents. No form of payment from any resident will be accepted at the HHW Collection Facility. 6. Pricing of Vouchers will be reassessed by FRISCO at the beginning of each fiscal year. VI. TERMINATION This Agreement may be terminated at any time, with or without cause, by either party giving thirty (30) days advance written notice to the other party. In the event of such termination by either party, PROSPER shall pay all fees that may be due and owing up to and including the effective date of termination of this Agreement. ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM (PROSPER) PAGE 5 OF 15 #571275 M NOTICE Notice as required by this Agreement shall be in writing and delivered to the parties via facsimile or certified mail at the addressed listed below: PROSPER Frank Jaromin Director of Public Works P.O. Box 307 Prosper, TX 75078 Telephone: 97 2-346-2640 Fax: 972-346-9335 Email: frank iaromin@prospertx.�ov FRISCO Pippa Couvillion Environmental Services Division Manager 6101 Frisco Square Blvd. Frisco, TX 75034 Telephone: 972-292-5910 Fax: 972-731-4946 Email: pcouvillion@friscotexas.gov With copy to: Rebecca Brewer Abernathy, Roeder, Boyd & Joplin P.C. 1700 Redbud Blvd. Suite 300 McKinney, TX 75069 Telephone: 214-544-4000 Fax: 214-544-4040 Email: rbrewer@abernathy-law.com Each party shall notify the other in writing within ten (10) days of any change in the information listed in this paragraph. ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM (PROSPER) PAGE 6 OF 15 #571275 VIII. HOLD HARMLESS To the extent allowed by law, each party does hereby agree to waive all claims against, release, and hold harmless the other party and its respective officials, officers, agents, and employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorneys' fees, including all expenses of litigation or settlement, or causes of action which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with said party's performance under this Agreement, or caused by its negligent acts or omissions (or those of its respective officers, agents, employees or any other third parties for whom it is legally responsible) in connection with performing this Agreement. In the event of joint or concurrent negligence of the parties to this Agreement, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to either party individually under Texas law. FRISCO shall be responsible for its sole negligence. PROSPER shall be responsible for its sole negligence. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. IX. AGENCY FRISCO and PROSPER agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own act, forbearance, negligence and deeds, and for those of its agents or employees in conjunction with the performance of work covered under this Agreement. ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM (PROSPER) PAGE 7 OF 15 #571275 X. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between FRISCO and PROSPER and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. XI. VENUE The laws of the State of Texas shall govern this Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto. This Agreement is performable in Collin County, Texas. Exclusive venue shall be in Collin County, Texas. XII. SEVERABILITY The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause or phrase of this Agreement shall be found to be contrary to the law or contrary to any rule or regulation having the force and effect of the law; such decisions shall not affect the validity of the remaining portions of this Agreement. However, upon the occurrence of such event, either party may terminate the Agreement by giving the other party thirty (30) days written notice of its intent to terminate. XIII. AUTHORITY TO SIGN/CITY COUNCIL AUTHORIZATION The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto. FRISCO has executed this Agreement pursuant to a duly authorized City Council Resolution No. dated ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM (PROSPER) PAGE 8 OF 15 #571275 , 2010. PROSPER has executed this Agreement pursuant to a duly authorized Town Council Resolution No. dated , 2010. XIV. ASSIGNMENT OF AGREEMENT The parties hereby agree that the duties and obligations arising under this Agreement cannot be assigned or sublet without the prior written consent of both FRISCO and PROSPER. XV. INTERPRETATION OF AGREEMENT This is a mutually negotiated Agreement. Should any part of this Agreement be in dispute, the parties agree that this document shall not be construed more favorably for either party. XVI. GOVERNMENTAL IMMUNITY RESERVED It is expressly understood and agreed that, in the execution of this Agreement, the parties do not waive, nor shall they be deemed hereby to have waived any immunity or defense that would otherwise be available to them against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligation, express or implied, other than those set forth herein. XVII. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of the Agreement may be waived without the express written consent of both parties. It is further agreed that one or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM (PROSPER) PAGE 9 OF 15 #571275 Executed in duplicate originals this day of , 2010. Approved as to Form: By: Rebecca Brewer City Attorney, City of Frisco City of Frisco, Texas By: George Purefoy City Manager Town of Prosper, Texas By: Mike Land Town Manager ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM (PROSPER) PAGE 10 OF 15 #571275 EXHIBIT A The City of Frisco Household Hazardous Waste (HHW) Collection Program Accepted and Unaccepted Materials Will Update Automatically for Prosper Residents According to Revisions in the City of Frisco Policy I. HHW Materials Accepted Household Products Ammonia -based cleansers Insect Sprays Alkaline batteries Metal polish Bathroom cleaners Mercury Thermometers Drain Cleaners Rechargeable Batteries Fire Extinguishers Thermostat switches (must be an intact Floor Care products Oven Cleaners thermostat unit) Fluorescent bulbs Window cleaners Furniture Polish Garden Products Fertilizers Herbicides Fungicide Pesticides Pool Chemicals Alkaline additives Pool cleaners Pool chlorine Shock treatments Muriatic acid Garage Products Aerosol spray paint Motor Oil Antifreeze Oil based paint Automatic transmission fluid Oil filters Brake fluid Paint stripper Car batteries and battery acid Paint thinner Car wax and metal polish Power steering fluid Diesel fuel Primers Gasoline Propane tanks (BBQ& Campine ONLY) Kerosene Turpentine Latex paint Varnish Lighter fluid Wood preservative Electronic Waste Cables Printer Cartridges Cameras Receivers Cell Phones Scanners Keyboards Stereos Mice Speakers Printers VCR All chemicals must be in original labeled containers, automotive fluids in heavy duty plastic bottles clearly labeled, gas and other flammable liquids must be in purpose designed containers. ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM (PROSPER) PAGE 11 OF 15 #571275 EXHIBIT A CONT. II. HHW Materials Not Accepted Ammunition Arsenic Banned substances DDT, Chlordane Biological active and medical waste (syringes) Chemical containers larger than five (5) gallons Explosives Oxygen or other compressed gas cylinders (other than BBQ and camping propane tanks) Prescription Medication Radioactive Material Televisions over 36 inches Tires ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM (PROSPER) PAGE 12 OF 15 #571275 EXHIBT B The City of Frisco Household Hazardous Waste Collection Facility Hours Household Hazardous Waste will only be accepted during the following hours: Winter Hours (October 1 - February 28) Wednesdays: 2 p.m. to 5 p.m. Saturdays: 8 a.m. to 1 p.m. Summer Hours (March 1 - September 301 Wednesdays: 2 p.m. to 6 p.m. Saturdays: 8 a.m. to 1 p.m. The HHW Collection Facility is subject to closure, as solely determined by the City of Frisco, for inclement weather, Holidays, and certain City of Frisco Events. ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM (PROSPER) PAGE 13 OF 15 #571275 EXHIBIT C Vouchers Vouchers will be issued as requested and billed at $50.00 per redeemed voucher. A minimum of thirty (30) vouchers must be issued with each request. Fee Associated Electronic Waste Computer Monitors $10/each Televisions - less than 36" $15/each ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM (PROSPER) PAGE 14 OF 15 #571275 EXHIBT D EXAMPLE VOUCHER The City of authorizes Who resides at to use The Environmental Collection Center that resides at 6616 Walnut Street during nortnal hours of operation_ City Staff Sipattue Date I ceemwd Drop off 0 Vah&=g Staff List of aceeptable items and wflo®ation available at www. (MmV) Questioats? Cammet Frisco Favironmeatal Services at 972 292-5900 Each visit is limited to an accmm htme of 50 His per drop off of household ehamimis. Ftnco>esKm the eight to reject any mseceprtable maffiiels air emy items doe to iocomphae or mcoaecfly issued vouchers Acceptable Ibeas: Aerosol Cans Aatifivew Batteries Cootng oil C opmer equipment Phwmwew Bulb Gasulioe How Cleans Motor Otl & Pme s Pdw, thinners, sdmmt% swim Pesdades, hmb-des, fisW tsss Pool Cmmg-lls Recycling Fees w fl apply to. Computer Momatom Teianstow less than 36" Uoaccepinbk Items: Anniumidon Binlogicsi actme waste (syringes, medical waste) Raftacdw materials PresaVrianMedicatton Oxygen Consume Titer Hams of operthan Wtmw (Oct. —Feb) wed 2PM-MK Sat M&UM Summer 04ff--Sept) Wed 2PM4PM, set M&IPM Center is sabje ctto close dmmg mr t wed, Holidays, and certain City of Frisco Bwen s. Electronic Waste Disposal Recycling fees are to be paid to tie partinpsting city pry to issne of vostd er. Frisco BBW Conxsoo Curter WE not incept any fore of p"ment at fime of drop o& Conpater Moxdors $10 Qty TeleTwans $15 Qty P7xaomc Waste Yalidadag sump Total Yae&wuxdbeq rrpWdy'auspiby �4 oty b Sample not dtttam to size ILA FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND REUSE PROGRAM (PROSPER) PAGE 15 OF 15 #571275 ENTERPRISE OR F PASCO SOP OLD 70wwm rn -- lopv CHERRY. We LAS hAtr WAr, eLw 8. SST PeCAQ 1', 9 ASR 67' HHW COLLECTION CENTER 6616 WALNUT FRISCO TEXAS D w 8 PER "A PLACE WHERE EVERYONE MATTERS" FINANCIALS FY 2009 - 2010 FEBRUARY, 2010 P T SPIF, R. 'a place where everyone matters' CASH OVERVIEW END -OF -MONTH CASH OVERVIEW (RECONCILED) FEBRUARY, 2010 Internal General Water/Sewer Service Cap Proj Cap Proj Cap Proj Storm *Parks "Impact ***Sp Rev Sp. Rev Fund Fund I & S Fund 04 Bond 06 Bond 08 Bond Drainage (Ded + Imp) Fees Fund Escrow EDC TOTALS CASH -LOCAL BANK 4,494,518 2,535,641 1,427,512 23,096 307,080 9,853,980 26,916 389,182 1,951,307 86,375 998,758 1,269,242 23,363,607 TEXPOOL BALANCE 729,373 2,998,102 336,803 - 165,305 1,485,557 71,161 5,786,302 TEXSTAR BALANCE 578,267 - - - - 2,746,719 2,264,505 1,239,245 2,477,056 - 970,461 21,141 10,297,394 TOTAL 5,802,158 5,533,743 1,764,315 23,096 472,385 2,746,719 12,118,485 26,916 1,628,428 5,913,920 86,375 1,969,219 1,361,544 39,447,303 Parks Fund combines Parks Dedication and Parks Improvement *' Impact Fees consist of Water Impact, Sewer Impact and Thoroughfare Impact fees. *'* Special Revenue Fund figure consist of Court Technology Fd, Court Security Fd, Police donations, Fire donations, Safety Fair donations, Child Safety collections, and Shattered Dreams donations. These are all retricted funds for specific purposes. Total Restricted Funds 26,749,858 I�SPER P a place where everyone matters' $14,000 $12,000 $10,000 --- - $8,000 W M C 7 $6,000 I — $4,000 $2,000 4,495 $0 2,536 1,428 General Water/Sewer I & S Fund Fund END -OF -MONTH CASH OVERVIEW (RECONCILED) FEBRUARY,2010 $23,363,607 59% 2�265,J� 9,854 2,4771. 1,951 c 999 1,269 23 307 27 —'s 389 86 Internal Cap Proj Cap Proj Cap Proj Storm *Parks **Impact ***Sp Rev Sp. Rev EDC Service 04 Bond 06 Bond 08 Bond Drainage (Ded+ Imp) Fees Fund Escrow Fund $5,786,302 15% �iu,c97,394 26% TE%STAR BALANCE -•ATE%POOL BALANCE CASH -LOCAL BANK v 0 y ����KDvzp3 �fQ`G CD0� U0 0 < 0 � fA EA EA 69 EA 60 60 69 fA w w w w w O OD W ODO W OOCNJ�W-40 OD (J1 t0 4000�CAODODNCOO N Cn OD V W 0 -Pa W V N-;h- 1 V 0 V — V 0 W W 4.4 O 0 — 0 A N V OCn�NOD OOCnOD V Cn — OODCO W W O�tJ1-+W OCD OD N-�OONOCO-�CTCOCO A -� o 0 0 N N W.4 V O(WJl0-+N OR V CO Cn N O O W CO V N v 0 oOD 0 oC' W Co Co 0 oOoCo oOD OR � 02 ID 69 69 1 N N — N OD Cn V.4 N0OD0G300-+N CO O 0 W OD OD (00 OD -4WVJ"V 0(0—MW N. N V N W OD 0 7- V V 1 0 N V O1D CO W W N N V WCOON W �4iD (O ? A O W 0 (O O V (O N W N x _ O�CnCC) "G3OC/� OD c ?CnCn V COO)OCn?IV �(c0O W V N OD V 0 -A -� OD 0 V.4 C W 0 0 0 0 0 0 0 0 0 0 0 0 rn CooOODCC) .4CC) OD N O ONJIV 1 - 0)ODNN v W Cn W OD V OD W V 0) :4 0 1CC) N0.4 Oo x 0 _ V N 0 M 00 V C00 C�J1 CCnO CEO CWJ1 0' 0 0 0 0 0 0 O O Cb 0 p n O O n n f1D (CZD x N �-. Cb (D O Cl CA CD O Q CA cam. y ti m CL Cb 73 3 3 Percent Collected 1 N A 0) co O N O O O O O a O 0-0 J 4111 p I�v .n. z 0 CD 0 (D Cr 9 v 1 a -o m C- CD C_ C D c (o (D IV m m n m z I O Omm MO 10^ m m" Wm-4 CDad 000 r 'a r► M 3 Mp z a, 0 0 z v CD 0 C_ m 7 Cr Q1 1 D C- (D Thousands faI�� {y N O V O NV M V O 10 Nr V famooOOO(nO(nON .00000000000 g0 v m (D= o 4� C CD CD a ar CD CD QQ SD fo CL CL 2 c c m Iz m m SD Q Q 3 n a N C O CD N n a p rn .. oa (um 4o w n fA 60 fA60 a fo SD S O N D 0 O) v W 7 N Ulw CIO <O-I NW L w N w w w w w O -1 c (O O p (n A w w Cn 0 O al v0 -44, CD °v �O C, COn p v a'-n o ° v N (cA -n c m W Al 3 O c w cim v 'Zm - m m c SD ° C- < N n a o m 40 Q9� O Q i D o O O co 0 v v 69 c a m m n co CA) C N O W (O X v to 0 0 9 O CDc c 3 3D-nC-vz0 m�� m CTD 0 < - fAImIfoImfatfltflr.9t»fo 1 wOOmww0ww�l�l(O �w��(O(OW - - - - w0)(n��(nN(O?Ow0) �w(n V N W mwmm G mm 4wtoW WO toW �cnWw m (n�4(O<O?N?iNOi<O CA) wwCA) cn4i41wcn0i Im Im Im Im Im Im fo fo fo 69 fo Im (OO-wwwww(O V 00 (O?�WODODw��wN�a P�wWGJwwON_ V 4W ? N 0 OOD i� (w0 V i v (wn N (n N .A V O N W�� W N M OD V (TwO4N0N4a W V Im Im fo Im to Im r.9 fo Im Im fA Im T{ 0 w�(Ow0 4 N v O {� = N j N W OD ONW N(O W Cl7 Z� CO w CO N w p NW UtNi6O t➢ 4-to4 W D o [(D" 4(n(nw e (O U1 i (n M co i GV ODw4a O OCOO�w = O n 4, O S 0C)v cn i OD o vm o 0-�o OR 0� m 4ill -ill 0 0 0 0 0 0 0 L, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO z� O= n O m �cnM 0VD CDm� wM m=� o mm O m cl)O� D cn r0 mZ CD D X gluser_raa2 rbutler Town of Prosper Page 1 12:39 03/31/10 Rev/Bxp Fund Category Rept (3) Fund: Period Budina: 2/2010 Account Denci p on ranF-- Current Current Current Currentran Number Year Month month month YTD YTD Len YTD Curren Remaining Adopted Budget actual Variance Budget Actual Variance Budget GBNBRAL FUND RRV9MV8S Property Tax 3,227,903.00- 487,347.40- 487,347.40- 3,227,903.00- 2,994,661.10- 233,241.90 233,241.90- Sales Tax 1,103,500.00- 67,208.54- 67,208.54- 1,103,500.00- 459,976.40- 643,523.60 643,523.60- Franchise 330,100.00- 27,246.37- 27,246.37- 330,100.00- 62,384.70- 267,715.30 267,715.30- License, Fees, 4 Permits 5501050.00- 60,795.60- 60,795.60- 5501050.00- 299,523.35- 250,526.65 250,526.65- Charges for Services 200,050.00- 8,765.31- 8,765.31- 200,050.00- 70,669.95- 129,380.05 129,380.05- Grants 320,070.00- 85,387.50- 85,387.50- 320,070.00- 99,322.66- 220,747.34 220,747.34- Investments Income 561000.00- 12,042.39- 12,042.39- 56,000.00- 47,017.04- 8,982.96 8,982.96- Pines i Warrants 222,500.00- 17,390.59- 17,390.59- 222,500.00- 76,669.16- 145,830.84 145,830.84- Transfer In 343,123.00- 343,123.00- 343,123.00 343,123.00- Miscellaneous 44,050.00- 22,342.20- 22,342.20- 44,050.00- 37,411.01- 6,638.99 6,638.99- Total Revenues 6,397,346.00- 788,525.90- 788,525.90- 6,397,346.00- 4,147,635.37- 2,249,710.63 2,249,710.63- Appropriations Personnel 4,321,324.00 326,707.66 326,707.66 4,321,324.00 1,686,168.53 2,635,155.47- 2,635,155.47 materials and supplies 311,480.00 44,253.43 44,253.43 311,480.00 109,073.58 202,406.42- 202,406.42 Town services / maintenance 405,005.00 35,190.66 35,280.66 405,005.00 134,058.21 270,946.79- 270,946.79 Contractual / Professional Sex 1,214,257.00 101,895.50 101,895.50 1,214,257.00 521,949.91 692,307.09- 692,307.09 Capital 115,040.00 16,830.68 16,830.68 115,040.00 64,665.36 50,374.64- 50,374.64 Interfund Transfer Out 30,240.00 30,240.00 30,240.00- 30,240.00 Total Appropriations 6,397,346.00 524,967.93 524,967.93 6,397,346.00 2,515,915.59 3,881,430.41- 3,881,430.41 Revenue Over/(Under) Approp 263,557.97- 263,557.97- 1,631,719.78- 1,631,719.78- 1,631,719.78 gluser_r&a2 rbutler Torn of Prosper Page 2 12:39 03/31/10 Rev/Exp Fund Category Rept (3) Fund: Period Ending: 2/2010 Account Description current Curren Number Year Month Adopted Budget WATER a SEWER FUND Revanues Licenses, Fees, i Permits 11100.00- Investment Income 62,150.00- Miscellaneous 151000.00- W/S Tap i Connection 135,000.00- Service Initation Fees 18,000.00- Water Charges 3,339,102.00- Sewer Charges 1,389,580.00- Penalties 30,000.00- Solid Waste Charges 571,000.00- Total Revenues 5,560,932.00- Appropriations Personnel 581,920.00 Materials and Supplies 931,330.00 Town Services / Maintenance 536,768.00 Contractual/Professional Servi 1,759,300.00 Capital 10,500.00 Bonds 1,369,896.00 Interfund Tranefare Out 347,848.00 Total Appropriations 5,537,562.00 Revenue Over/(Under) Approp 23,370.00- rrenCurrent rent - Current Currentren Month Month YTD YTD YTD Remaining Actual Variance Budget Actual Variance Budget 11100.00- 275.00- 825.00 825.00- 6,145.98- 6,145.98- 62,150.00- 35,785.15- 26,364.85 26,364.85- 3,166.21- 3,166.21- 15,000.00- 7,850.26- 7,149.74 7,149.74- 26,500.00- 26,500.00- 135,000.00- 981050.00- 36,950.00 36,950.00- 910.00- 910.00- 181000.00- 12,845.00- 5,155.00 5,155.00- 128,196.76- 128,196.76- 3,339,102.00- 773,918.93- 2,565,183.07 2,565,183.07- 94,237.52- 94,237.52- 1,389,580.00- 472,495.64- 917,084.36 917,084.36- 3,876.81- 3,876.81- 30,000.00- 20,080.62- 9,919.38 9,919.38- 46,743.38- 46,743.38- 571,000.00- 222,290.90- 348,709.10 348,709.30- 309,776.66- 309,776.66- 5,560,.932.00- 1,643,591.50- 3,917,340.50 3,917,340.50- 43,720.82 43,720.82 581,920.00 227,684.46 354,235.54- 354,235.54 70,593.82 70,593.02 931,330.00 342,341.15 5881988.85- 588,988.85 46,148.77 46,148.77 536,768.00 150,832.26 385,935.74- 385,935.74 122,361.16 122,361.16 1,759,300.00 671,049.68 1,088,250.32- 1,008,250.32 10,500.00 3,998.74 6,501.26- 6,501.26 354,184.33 354,184.33 1,369,896.00 427,763.08 942,132.92- 942,132.92 347,848.00 347,848.00- 347,848.00 637,008.90 637,008.90 5,537,562.00 1,823,669.37 3,713,892.63- 3,713,892.63 327,232.24 327,232.24 23,370.00- 180,077.87 203,447.87 203,447.87- gluser_ria2 rbutler Town of Prosper Page 3 12:39 03/31/10 Rev/Bxp Fund Category Rept (3) Fund: Period Boding: 2/2010 Account Description Currentren Number Year Month Adopted Budget INTRRRST a SINKING FOW Revenues Property Tax 2,129,934.00- Investment Income 80,000.00- Total Revenues 2,209,934.00- Appropriations Bonds 2,081,335.00 Iaterfund Transfers Out Total Appropriations 2,081,335.00 Revenue Over/(Under) Approp 128,599.00- INT8PI= SRRVICR FUND Revenue Interest Income 500.00- Interfund Transfers In 71,010.00- Total Revenues 71,510.00- Appropriations Personnel 50,000.00 Total Appropriations 50,000.00 Revenue Over/(Under) Approp 21,510.00- Current Current ren rea rea ren Month Month YTD YTD YTD Remaining Actual Variance Budget Actual Variance Budget 322,266.01- 322,266.01- 2,129,934.00- 1,966,356.35- 163,577.65 163,577.65- 3,129.75- 3,129.75- 80,000.00- 11,969.17- 68,030.83 68,030.83- 325,395.76- 325,395.76- 2,209,934.00- 1,978,325.52- 231,608.48 231,608.48- 1,040,286.28 1,040,286.28 2,081,335.00 1,042,464.28 1,038,870.72- 1,038,870.72 1,040,286.28 1,040,286.28 2,081,335.00 1,042,464.28 1,038,870.72- 1,038,870.72 714,890.52 714,890.52 128,599.00- 935,861.24- 807,262.24- 807,262.24 56.23- 56.23- 500.00- 325.87- 174.13 174.13- 2,880.00- 2,880.00- 71,010.00- 14,199.72- 56,810.28 56,810.28- 2,936.23- 2,936.23- 71,510.00- 14,525.59- 56,984.41 56,984.41- 3,149.20 3,149.20 50,000.00 17,588.06 32,411.94- 32,411.94 3,149.20 3,149.20 50,000.00 17,588.06 32,411.94- 32,411.94 212.97 212.97 21,510.00- 3,062.47 24,572.47 24,572.47- gluser_r&a2 rbutler Town of Prosper Page 4 12:39 03/31/10 Rev/Rcp Fund Category Rept (3) Fund: Period Endina: 212010 Account Description Current Current Current Currentrea Current Currentcurrent Number Year month month Month YTD YTD YTD Remaining Adopted Budget Actual variance Budget Actual variance Budget STORM DRAINAGE FUND Revenues License, Peen, Permit 75,000.00- 13,257.99- 13,257.99- 75,000.00- 52,767.10- 22,232.90 22,232.90- Total Investment Income 500.00- 500.00- 500.00 500.00- Total Revenues 751500.00- 13,257.99- 13,257.99- 75,500.00- 52,767.10- 22,732.90 22,732.90- Appropriations Total Professional Services 40,000.00 2,234.74 2,234.74 40,000.00 26,105.33 13,894.67- 13,894.67 Total Capital 20,000.00 20,000.00 20,000.00- 20,000.00 Total Appropriations 60,000.00 2,234.74 2,234.74 60,000.00 26,105.33 33,894.67- 33,894.67 Total Revenue Over/(under) App 151500.00- 11,023.25- 11,023.25- 151500.00- 26,661.77- 11,161.77- 11,161.77 PARRS FUND Revenue Investment Income 8,000.00- 1,030.29- 1,030.29- 81000.00- 4,963.85- 3,036.15 3,036.15- Park Fees 220,000.00- 220,000.00- 220,000.00 220,000.00- Total Revenues 228,000.00- 1,030.29- 1,030.29- 228,000.00- 4,963.85- 223,036.15 223,036.15- Appropriations (Parks) Contractual / Professional Ser 611,000.00 611,000.00 10,156.33 600,843.67- 600,843.67 Total Appropriations 611,000.00 611.000.00 10,156.33 600,843.67- 600,843.67 Revenue Over/(Under) Approp 383,000.00 1,030.29- 1,030.29- 383,000.00 5,192.48 377,807.52- 377,807.52 gluser_ria2 rbutler Town of Prosper Page 5 12:39 03/31/10 Rev/Emp Fund Category Rept (3) Fund: Period Endina: 2/2010 Account scr p on Current renCurrent Numher Year Month Month rea Month ranCurrent YTD YTD ren TM ren Remaining Adopted Budget Actual Variance Budget Actual Variance Budget IMPACT FEES FUND Revenue Investment Income 25,000.00- 4,928.53- 4,928.53- 25,000.00- 16,390.30- 8,609.70 8,60.9.70- Impact Fees 650,000.00- 82,332.00- 82,332.00- 650,000.00- 1,833,093.20- 1,183,093.20- 1,183,093.20 Total Revenues 675,000.00- 87,260.53- 87,260.53- 675,000.00- 1,849,483.50- 1,174,483.50- 1,174,483.50 Appropriations Contractual/Professional Servi 250,000.00 250,000.00 250,000.00- 250,000.00 Capital 132,090.30 133,090.30 132,090.30- Interfund Transfers Out Total Appropriations 230,000.00 250,000.00 132,090.30 117,909.70- 117,909.70 Revenue Over/(Under) Approp 425,000-.00- 87,260.53- 87,260..53- 425,000.00- 1,717,393.20- 1,292,393.20- 1,292,393.20 SPACIAL REVENUE DONATION FUND Revenue Court Fees 6,700.00- 502.79- 502.79- 6,700.00- 2,930.92- 3,769.08 3,769.08- Contributions 52,500.00- 2,745.20- 2,745.20- 52,500.00- 17,829.68- 34,670.32 34,670.32- Escrow Income 2,401.96- 2,401.96- 184,559.12- 184,559.12- 184,339.12 Grants 2,000.00- 2,000.00- 2,000.00 2,000.00- Miscellaneous Total Revenues 61,200.00- 5,649.95- 5,649.95- 61,200.00- 205,319.72- 144,119.72- 144,119.72 gluser_raa2 rbutler Town of Prosper Page 6 12:39 03/31/10 Rev/Rxp Fund Category Rept (3) Fund: Period Ending: 2/2010 Account Deecrripfton Number Appropriations (Sp. Rev.) Town Services/Maintenance Total Appropriations Revenue Over/(under) Approp CAPITAL PROJECTS FUND Revenue Grants/Reimbursements Investment Income Interfund Transfers In Bond Proceeds Total Revenue Appropriations Contractual/Professional Servi Capital Bond Costa Total Interfund Transfers Out Total Appropriations Revenue Over/(Under) Approp Current Current Current rent Currentrea ranCurrent Year Month Month Month YTD YTD YTD Remaining Adopted Budget Actual Variance Budget Actual Variance Budget 60,000.00 672.07 872.07 60,000.00 33,396.38 26,603.62- 26,603.62 60,000.00 672.07 672.07 60,000.00 33,396.36 26,603.62- 26,603.62 1,200.00- 4,777.88- 4,777.68- 1,200.00- 171,923.34- 170,723.34- 170,723.34 235,000.00- 235,000.00- 111081856.50- 873,656.50- 873,856.50 62,000.00- 12,539.35- 12,539.35- 62,000.00- 76,541.17- 14,541.17- 14,541.17 297,000.00- 12,539.35- 12,539.35- 297,000.00- 1,185,397.67- 686,397.67- 888,397.67 96,685.00 6,954.10 8,954.10 96,865.00 45,862.06 51,022.92- 51,022.92 224,385.68 224,385.68 2,740,141.53 2,740,141.53 2,740,141.53- 96,865.00 233,339.78 233,339.78 96,685.00 2,786,003.61 2,689,118.61 2,689,118.61- 200,115.00- 220,600.43 220,800.43 200,115.00- 1,600,605.94 1,600,720.94 1,800,720.94- gluser_r&a2 rbutler Town of Prosper Page 7 12:39 03/31/10 Rev/Rxp Fund Category Rept (3) Fund: Period Ending: 2/2010 Account Description current Curren Number Year Month Adopted Budget ECONOMIC DEVELOPMENT CORP Revenues Sales Tax 346,000.00- Investment Income 24,000.00- Other Income Total Revenues 370,000.00- appropriations Personnel 153,450.00 Maintenance & Supplies 7,400.00 Town Services/Maintenance 50,100.00 Contractual/Professional Servi 63,300.00 Capital 50,000.00 Interfund Transfer Out 340.00 Total appropriations 324,790.00 Revenue Over/(under) approp 45,210.00- Current CurrentCurrent Current Currentrent Month month YTD YTD YTD Remaining actual Variance Budget actual Variance Budget 22,402.85- 22,402.85- 346,000.00- 152,931.16- 193,060.84 193,068.84- 3,916.17- 3,916.17- 24,000.00- 14,264.45- 9,735.53 9,735.55- 20.95- 20.95- 20.95 26,319.02- 26,319.02- 370,000.00- 167,216.56- 202,783.44 202,783.44- 11,463.59 11,463.59 153,450.00 63,586.98 89,863.02- 89,863.02 129.36 129.36 7,400.00 720.74 6,679.26- 6,679.26 2,400.86 2,400.86 50,100.00 11,393.15 38,706.85- 38,706.85 8,110.40 8,110.40 63,300.00 22,537.21 40,762.79- 40,762.79 50,000.00 50,000.00- 50,000.00 540.00 540.00- 540.00 22,104.21 22,104.21 324,790.00 98,238.08 226,551.92- 226,551.92 4,214.81- 4,214.81- 45,210.00- 68,978.48- 23,768.48- 23,768.48 iSPER OWN OF Pp Prosper is a place where everyone matters. To: Mayor and Town Council From: Matthew B. Garrett, Finance Director CC: Mike Land, Town Manager Re: Town Council Meeting —April 13, 2010 Date: April 06, 2010 Agenda Item: ADMINISTRATION Agenda Item No. 6 Consider and discuss budgeted water and sewer rate increases, expected FY 2009-2010 shortfalls and future revenue requirements. Description of Agenda Item: The Fiscal Year 2009/2010 Budget was completed with an anticipated increase in water rates to occur in April 2010. Prior to implementing any changes to rates Town staff and J. Stowe reviewed the need for the rate change. The recommendation from the consultant was to raise rates as planned to prevent any potential shortfalls. Town staff sought the Finance Committee's opinion and discussed leaving the rate as is and covering shortfalls with other current assets if needed. Budget Impact: Choosing not to adjust the water and sewer rates as budgeted for April will likely result in a shortfall in the Water and Sewer Fund with expenditures greater than revenues by up to $300,000. As discussed in our Finance Committee meeting, the fund can support this one-time hit if realized with unused reserves, similar to a fund balance. Next year's increase will likely require a larger percentage increase to cover FY 2010/2011 revenue requirements. Legal Obligations and Review: Legal Counsel review was not required. Attached Documents: Review by J. Stowe & Company of the Water and Sewer Rates for FY 2010 - Memo Board/Committee Recommendation: The Finance Committee provided direction to staff supporting postponing the increase budgeted for April 2010 and reviewing increase as planned for FY 2010/2011 Budget Process. Town Staff Recommendation: Town staff recommends that the Town Council discuss the projected shortfalls, current and future increasing revenue requirements and direct staff for any future consideration. Agenda Item No. 6 - Page 1 of 1 1300 E Lookout Drive, Ste 100 Richardson, TX 75082 t 972 680 2000 f 972 680 2007 515 Congress Avenue, Ste 1515 Austin, TX 78701 t 512 479 7900 f 512 479 7905 Memo To: Matthew Garrett From: Chris Ekrut Date: March 25, 2010 Re: Review of Town of Prosper Water and Sewer Rates for FY 2010 As requested, J. Stowe & Co. has reviewed the performance of the Town of Prosper's Water and Sewer Utility Rates and the associated impact on the Town's Water and Sewer Utility Fund for Fiscal Year 2010 ("FY 2010"). The following summarizes our findings and recommendations from this review. • The revenue required to be produced by the Town's Water and Sewer Rates for FY 2010 is approximately 7% less than what was projected to be required in the Water and Sewer Rate Study conducted by J. Stowe & Co. in FY 2009. This reduction is driven primarily by lower than projected budgeted 0&M expenses and a significant reduction in planned capital spending by the Town. The reduction in revenue requirement would have been more substantial; however, two items offset the reductions in 0&M and capital spending. First, per the Town's Water and Wastewater Business Plan, it was anticipated that the Town would move, over a five-year period, to establishing an interfund transfer between the Water and Sewer Fund to the General Fund to cover the cost of indirect management and administration. However, within the FY 2010 budget, the Town fully funded this transfer. This transfer offset a portion of the cost savings realized by reduced budgeted 0&M and capital spending, but places the Town ahead of schedule in implementing the Business Plan. Second, it was anticipated in FY 2010 that the miscellaneous revenues associated with utility service (i.e., late fees, meter re -read fees, etc.) would be approximately 28% less than what was projected in the rate study. If miscellaneous revenues are not received, then rates must be increased to cover the shortfall. • While the Town did see a reduction in its rate revenue requirement, it also saw a reduction in its billed water and sewer volumes as compared to the rate study assumptions. Despite the decrease in the revenue requirement, it is estimated that the Town's current water and sewer rates, recognizing the reduction in volumes, will generate approximately $4.4 million in revenues in FY 2010, compared to a revenue requirement of $4.7 million, resulting in a revenue shortfall of approximately $300,000. To overcome this shortfall, it is recommended that the Town move forward immediately with the planned water and wastewater rate increase for FY 2010. At the end of FY 2009, the Water and Wastewater Fund held approximately $4.9 million in Cash and Cash Equivalents. Recognizing that approximately $1 million of these funds represent reserves for operations & maintenance and capital repair and replacement, the fund has approximately $3.9 million in available cash to cover any revenue shortfalls in FY 2010. • As an alternative to immediately raising rates, the Town could cover projected FY 2010 revenue shortfalls with available cash, and again evaluate rates prior to the implementation of the FY 2011 budget. However, we would strongly recommend that, at minimum, the Town take the following actions no later than October 1, 2010: With the adoption of the FY 2011 budget, increase water and sewer rates to cover wholesale water and sewer cost increases from North Texas Municipal Water District and Upper Trinity Regional Water District. 2. Implement at least a 3% increase, in addition to adjustments made to recognize increasing wholesale sewer treatment cost, to the Town's sewer rates in preparation for the eventual construction of the Doe Branch Water Reclamation Plant. The impact of this significant capital investment can be more easily absorbed by the Town's citizens if sewer rate increases occur in smaller increments over multiple years as opposed to a large increase in a single year. 3. Do not delay capital investment as a means to avoid increasing water and sewer rates. Capital investment is crucial to maintaining the Town's water and sewer system - failure to invest today will result in greater costs in the future. It is our understanding that there is concern from the Town's multi -family customers regarding the application of a commercial 3/4-inch meter charge and base sewer charge to each apartment unit. While this rate design coincides with the Texas Commission on Environmental Quality definition of a system connection which drives capital investment, it does not take into account the occupancy rate experienced by these customers. One option the Town may wish to consider is to apply an occupancy rate percentage to the water meter charge and sewer base charge for these customers. For example, assuming an 80% occupancy rate, the Town would charge multi -family customers a water meter charge of $6.52 and a sewer base charge of $15.02 per unit, as opposed to $8.15 and $18.77, respectively. Adoption of this recommendation is estimated to reduce revenue from multi -family customers by approximately $40,000, which would necessitate a rate increase to other customers of the Town. For reference, I have attached a detailed schedule illustrating the analysis conducted, along with current water and sewer rate comparisons of surrounding providers utilizing the Town's existing rates. We appreciate the opportunity to once again assist the Town. Should you have additional questions, please feel free to contact me at 972.680.2000 or via e-mail at cekrutPjstoweco.com. Town of Prosper, Texas Fiscal Year 2010 Water and Sewer Fund Analysis Variance Rate Study FY 2010 Adopted FY 2010 Projection Budget % O&M Expense Water $ 2,060,902 $ 1,800,659 Sewer 1,488,687 1,344,199 Utility Billing (Less Sanitation) 148,152 144,860 O&M Expense Subtotal $ 3,697,741 $ 3,289,718 $ (408,023) -11% O&M Reserves $ - $ - Capital Water $ 116,770 $ - Sewer 54,168 10,500 Utility Billing - - Capital Subtotal $ 170,938 $ 10,500 $ (160,438) -94% Debt Service $ 1,377,044 $ 1,369,896 $ (7,148) -1% Capital Improvement / Replacement Reserve $ - $ - Interfund Transfer Water $ 158,891 $ 224,568 Sewer 44,752 89,030 Utility Billing 4,037 34,250 7 207,680 $ 347,848 $ 140,168 67% Gross Cost of Service $ 5,453,403 $ 5,017,962 $ (435,441) -87 Revenue Offsets $ 364,798 $ 261,250 $ (103,548) -28% Rate Revenue Requirement $ 5,088,605 $ 4,756,712 $ (331,893) -7% Projected Revenues under Existing Rates Water $ 3,271,711 Wastewater 1,150,135 Total $ 4,421,846 Over / (Under) Recovery ($) $ (334,866) Over / (Under) Recovery (%) -7.57% Current Cash Balance Reserves: 60 Day O&M 2% Capital Repair / Replacement Reserves Subtotal Available Cash and Cash Equivalents to Cover Revenue Shortfall $ 4,897,789 $ 540,776 449,507 $ 990,283 $ 3,907,506 Town of Prosper, Texas Fiscal Year 2010 Residential Monthly Water Bill Comparison Residential - 5,000 gal. Residential - 10,000 gal. 3/4" or Less Anna $ 33.78 Celina 33.38 Melissa 32.06 Prosper (Recommended) 29.25 Prosper (Current) 28.47 The Colony 27.31 Little Elm 26.79 McKinney 26.15 Princeton 25.20 Frisco 19.07 Sachse 18.10 Allen 16.73 1" Meter Anna $ 60.78 Melissa 51.50 Celina 48.38 The Colony 41.62 Prosper (Recommended) 36.49 Prosper (Current) 35.56 Princeton 28.56 Little Elm 26.79 McKinney 26.15 Allen 25.16 Frisco 19.07 Sachse 18.10 3/4" or Less Anna $ 60.08 Celina 55.68 Princeton 52.70 Melissa 51.16 Prosper (Recommended) 47.65 Prosper (Current) 46.32 The Colony 45.71 Little Elm 45.04 McKinney 41.30 Frisco 32.52 Sachse 29.70 Allen 28.53 1" Meter Anna $ 87.08 Celina 70.68 Melissa 70.60 The Colony 60.02 Princeton 56.06 Prosper (Recommended) 54.89 Prosper (Current) 53.41 Little Elm 45.04 McKinney 41.30 Allen 36.96 Frisco 32.52 Sachse 29.70 Town of Prosper, Texas Fiscal Year 2010 Commercial Monthly Water Bill Comparison Commercial- 50,000 gal. I I Commercial - 200,000 gal. 3/4" or Less Anna $ 448.03 Celina 428.68 Princeton 272.70 Little Elm 261.14 Melissa 255.16 Prosper (Recommended) 253.20 Prosper (Current) 246.25 The Colony 236.81 McKinney 162.50 Frisco 145.92 Allen 127.41 Sachse 94.00 1" Meter Anna $ 475.03 Celina 447.43 Princeton 276.06 Melissa 274.60 Little Elm 271.18 Prosper (Recommended) 258.63 Prosper (Current) 251.68 The Colony 251.12 McKinney 170.76 Frisco 151.74 Allen 135.88 Sachse 97.79 3/4" or Less Celina $ 2,101.18 Anna 2,026.03 Prosper (Recommended) 1,366.50 Prosper (Current) 1,328.95 Little Elm 1,114.64 Princeton 1,097.70 Melissa 1,038.16 The Colony 1,036.31 McKinney 617.00 Frisco 564.42 Allen 481.41 Sachse 356.50 1" Meter Celina $ 2,119.93 Anna 2,053.03 Prosper (Recommended) 1,371.93 Prosper (Current) 1,334.38 Little Elm 1,124.68 Princeton 1,101.06 Melissa 1,057.60 The Colony 1,050.62 Sachse 630.28 McKinney 625.26 Frisco 570.24 Allen 489.88 Town of Prosper, Texas Fiscal Year 2010 Residential Monthly Sewer Bill Comparison Residential - 5,000 gal. Residential - 10,000 gal. 3/4" or Less Little Elm $ 36.94 Celina 36.71 Prosper (Recommended) 36.55 Anna 31.05 Princeton 29.52 Prosper (Current) 29.13 McKinney 26.75 The Colony 25.66 Allen 24.96 Melissa 24.70 Sachse 20.15 Frisco 18.50 1" Meter Anna $ 58.05 Celina 54.21 Melissa 40.90 Little Elm 36.94 Prosper (Recommended) 36.55 The Colony 35.84 Princeton 32.88 Prosper (Current) 29.13 McKinney 26.75 Allen 24.96 Sachse 20.15 Frisco 18.50 3/4" or Less Celina $ 64.56 Princeton 56.92 Anna 52.80 Prosper (Recommended) 52.55 Little Elm 50.98 McKinney 42.50 The Colony 42.16 Prosper (Current) 41.88 Melissa 38.60 Sachse 33.55 Frisco 31.00 Allen 30.91 1" Meter Celina $ 82.06 Anna 77.00 Princeton 60.28 Melissa 54.80 Prosper (Recommended) 52.55 The Colony 52.34 Little Elm 50.98 McKinney 42.50 Prosper (Current) 41.88 Sachse 33.55 Frisco 31.00 Allen 30.91 Town of Prosper, Texas Water and Wastewater Rate Study Commercial Monthly Sewer Bill Comparison Commercial- 50,000 gal. Commercial - 200,000 gal. 3/4" or Less Celina $ 292.36 Princeton 276.12 Anna 226.80 Prosper (Recommended) 216.56 The Colony 215.11 Little Elm 191.38 Prosper (Current) 172.27 McKinney 168.50 Melissa 149.80 Sachse 140.75 Frisco 139.46 Allen 97.11 1" Meter Celina $ 314.24 Princeton 279.48 Anna 253.80 The Colony 225.29 Prosper (Recommended) 216.56 Little Elm 191.38 McKinney 176.76 Prosper (Current) 172.27 Melissa 166.00 Sachse 144.92 Frisco 139.46 Allen 97.11 3/4" or Less Celina $ 1,127.86 Princeton 1,098.12 The Colony 885.61 Anna 879.30 Prosper (Recommended) 795.56 Little Elm 717.88 McKinney 641.00 Prosper (Current) 632.77 Melissa 566.80 Sachse 542.75 Frisco 514.46 Allen 317.61 1" Meter Celina $ 1,149.74 Princeton 1,101.48 Anna 906.30 The Colony 895.79 Prosper (Recommended) 795.56 Little Elm 717.88 McKinney 649.26 Prosper (Current) 632.77 Melissa 583.00 Sachse 546.92 Frisco 506.00 Allen 317.61 TOWN OF PE Prosper is a place where everyone matters. To: Mayor and Town Council From: Matthew B. Garrett, Finance Director CC: Mike Land, Town Manager Re: Town Council Meeting — April 13, 2010 Date: April 06, 2010 Administration Agenda Item No. 7 Agenda Item: Staff report and discussion on Finance Committee Meeting held on March 26, 2010. Description of Agenda Item: Mike is going to update Council on the Finance Committee topics. Budget Impact: For discussion only and the budget impact range is too broad to estimate for the item. Legal Obligations and Review: Legal Counsel review was not required. Attached Documents: Finance Committee Agenda — March 26, 2010 List of Possible Road Projects Initial Debt Analysis Provided by First Southwest Board/Committee Recommendation: N/A Town Staff Recommendation: Town staff recommends that Town Council receive report on Finance Committee topics, discuss and direct staff for any future consideration. Agenda Item No. 7 - Page 1 of 1 1. 2. 3. 4. 5. 6. 7. 8. ISPER OWN OF Call to Order / Roll Call. AGENDA Work Session of the Finance Committee Town of Prosper Municipal Chambers -- Conference Room 108 W. Broadway, Prosper, Texas Friday, March 26, 2010 at 2:30 p.m. Consider Capital Requirement Planning and Debt Scenarios to Fund Previously Approved Projects as well as Projected Future Needs. Discuss Water and Wastewater Rates and Evaluate Progress on Implementation of Utility Business Plan and Rate Study Recommendations. Review Strategies to Enhance Town Financial and Operational Transparency and Improve Service Level Through Communication. Update on Progress on and Consider Compensation Plan Review and Strategies. Discuss Revenue Assumptions to Include in the Town Staff Budget Planning Process. Discuss Anticipated Items for Fiscal Year 2009-2010 Budget Amendment Consideration. 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: Wednesday, March 24, 2010 at 2:00 p.m. and remained so posted at least 72 hours before said meeting was convened. Matthew D. Denton, TRMC Town Secretary Date Noticed Removed In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Government Code at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the Town Secretary's Office at (972) 346-2640 or by FAX (972) 347-2111. BRAILLE IS NOT AVAILABLE. Page 1 of 1 IISPER OWN OF Prosper is a place where everyone matters. Denton County Fish Trap Fish Trap to Legacy Road the Town of Prosper will reclaim and add 6" of gravel. The County will install 5" of asphalt in 2011. The remaining gravel roads Parvin Road, Prosper Trail, Teel Road, Good Hope Road, and Legacy Road will be shared maintenance limited to grading and adding gravel as necessary. The Town of Prosper will share 50% of the cost of adding gravel and grading with Denton County. The expectation is that our shared will be $0.50/square yard paid to Denton County for labor, equipment and fuel and our portion of material cost will be $2.50/square yard. Collin County Fish Trap Road Coleman to Rail Road will be reclaimed with 6" of new gravel then chip sealed as final course and a follow up chip seal the following year. Rail Road to DNT will be patched and chip sealed as final course and a follow up chip seal the following year. Prosper Trail DNT to Legacy Road will be reclaimed with 6" of new gravel then chip sealed as final course and a follow up chip seal the following year. Preston Road to Coit Road will be patched and a chip seal as final course and a follow up chip seal the following year. Coit Rd to Custer Road will be patched and a chip seal as final course and a follow up chip seal the following year. Frontier Parkway Rail Road to DNT will be reclaimed with 6" of new gravel then chip sealed as final course and a follow up chip seal the following year. DNT to Legacy Road will be reclaimed with 6" of new gravel. Page 1 of 2 Hays Road Preston Road to Ridgewood Drive will be reclaimed with 6" of new gravel then chip sealed as final course and a follow up chip seal the following year. Coit Road First Street to Prosper Trail will be patched and chip sealed as final course and a follow up chip seal the following year. Prosper Trail to Frontier Parkway will be patched and chip sealed as final course and a follow up chip seal the following year. 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Property Contractual Obligations Bonds a�Kr(e44p, w/s M�. Public Approval Bond Election Notice of Intent; Subject to None Required None Required None Required Petition Security/Pledge Taxes Only Taxes and/or Revenues Taxes and/or Revenues Taxes and/or Revenues Revenues Only Repayment Source Any Lawfully Available Funds Any Lawfully Available Funds Any Lawfully Available Funds Any Lawfully Available Funds Any Lawfully Available Funds Coverage Requirements, Other 7 Year Maximum Repayment Solely for the Acquisition of Additional Bonds Test, Debt considerations Personal Property Service Reserve Fund Requirement Ratings Highest Rated Credit for a City Based on Ad Valorem Tax Generally No Ratings Received Typically 1 to 2 Notches Lower Pledge than a City's Tax Credit Southwest AMI-CM9WC-p W- Town of Prosper Outstanding Debt Service A 6 C D E F G H I J K L M N 2 LESS: Fiscal Series 1996:1 Series 1998 Series 2001::1 F Series 2004 Series 2006 Series 2008 Estimated Net Year Self -Supporting Tax -Backed End Principal Interest Principal Interest Principal Interest Principal Interest Principal Interest Principal Interest Debt Serviceill(2) Debt Service 2010 $ 50,000 $ 24,818 $ 45,000 $ 20,790 $ 115,000 $ 85,678 $ 475,000 $ 398,600 $ 465,000 $ 482,135 $ $ 1,289,208 $ 1,354,998 $ 2,096,230 2011 50,000 21,705 45,000 18,923 120,000 80,905 490,000 379,600 485,000 462,373 450,000 747,450 1,261,373 2,089,583 2012 55,000 18,410 50,000 17,010 125,000 75,925 510,000 360,000 505,000 441,760 470,000 729,613 1,266,623 2,091,095 - - 2013 --- ----- 60,000 -- 14,773- - 50,000- - -- 14,835------- ---135,000- - 70,613- - ------530,000- - -- 339,600- - ----- 525,000------ 420,298--- --- 485,000 ------ 709o9O6----------- 1_259,741-------2,095,283- 2014 65,000 10,788 50,000 12,635 140,000 64,740 550,000 318,400 550,000 397,985 510,000 688,125 1,260,760 2,096,913 2015 65,000 6,611 55,000 10,410 145,000 58,440 570,000 296,400 570,000 374,610 535,000 663,944 1,264,354 2,086,061 2016 70,000 2,258 55,000 7,935 155,000 51,770 595,000 273,600 595,000 350,385 560,000 637,238 1,260,173 2,093,013 2017 ------------------------------------------------------------ 60,000--------5,460---- ------165,000------ - 44,485 - - - -- --- 620_000------- 249,056--- - --- - - 620,000 --- - -- 325,098 --- - -- -- 590,000---- - --- 608,488 1,263,948 2018 60,000 2,730 170,000 36,565 645,000 222,706 645,000 300,298 620,000 ------------ 578,238 --------2,023,639- 1,260,968 2,019,569 2019 180,000 28,320 670,000 195,294 675,000 273,691 650,000 545,675 1,195,675 2,022,305 2020 190,000 19,500 700,000 166,819 700,000 245,341 690,000 509,638 1,199,638 2,021,660 --- 2021---------------------------------------------------- ------------------200,000--- - 10_000----- -----730,000---- -137_069 - ---730,000 -----215_591- ---------725,000 2022 765,000 106,044 760,000 184,201 770,000 --470,725--------- 428,650 --1,195,725 ---- 1,198,650 ---2,022_660 1,815,245 2023 800,000 72,575 795,000 150,951 815,000 383,081 1,198,081 1,818,526 2024 835,000 37,575 830,000 116,170 860,000 334,925 1,194,925 1,818,745 2025 -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 865,000 79,650 915,000 282,750 1,197,750 944,650 2026 905,000 40,725 970,000 226,200 1,196,200 945,725 2027 1,030,000 166,200 1,196,200 - 2028 1,095,000 102,450 1,197,450 - 2029 1,160,000 34,800 1,194,800 - $ 415,000 $ 99,361 $ 470,000 $ 110,728 $ 1,840,000 $ 626,940 $ 9,485,000 $ 3,553,338 $ 11,220,000 $ 4,861,261 $ 13,900,000 $ 10,137,302 $ 24,618,029 $ 32,100,900 (1) FY 2010 number per the Town of Prosper's 2009-10 budget. (2) FY 2011- 2029 estimated; includes all debt service for the Series 1998 Certificates and the Series 2008 Certificates. First5outhwest wrwmbpui�• Town of Prosper Initial Debt Service Analysis (as of November 16, 2009) n Scenario 1 - $1mm Tax Note and !;20mm GO Bond A ci `0 $ C Fiscal Taxable " Net Year Assessed Growth Tax -Backed Tax Note: February 2010 - 7 Years - 3.90% GO Bonds: February 2011- 20 Years - 5.75% Net Total I&S Tax End Valuation Factor Debt Service Prinicpal Interest Total P+I I&5 Rate (') Prinicpal Interest Total P+I 18S Rate I2I Debt Service Rate (') 2010 $ 1,015,915,375 $ 2,096,23E $ 2,096,230 $ 0.2059 2011 1,015,915,375 0.0% 2,089,583 $ 110,000 $ 56,355 $ 166,355 $ 0.0169 W 2,255,938 0.2289 2012 1,015,915,375 0.0% 2,091,095 135,000 32,078 167,078 0.0170 $ 5,000 $ 1,724,856 $ 1,729,856 $ 0.1755 3,988,029 0.4047 ---2013------------1,015,915,375 ------- 0.0%----------- ----- 2,095,283----------- 140,000 ----------------------------- 26,715 166,715 - - ----- 0_0169------------- 595,000- 1,132,606 1,727,606 0.1753 3,989,604 0.4049 2014 1,015,915,375 0.0% 2,096,913 145,000 21,158 166,158 0.0169 - --------------------------------------------------------------------------------------- 635,000 1,097,244 1,732,244 0.1758 3,995,314 0.4054 2015 1,015,915,375 0.0% 2,086,061 150,000 15,405 165,405 0.0168 670,000 1,059,725 1,729,725 0.1755 3,981,191 0.4040 2016 1,015,915,375 0.0% 2,093,013 155,000 9,458 164,458 0.0167 710,000 1,020,050 1,730,050 0.1756 3,987,520 0.4046 ---2017------------1,015,915,375 - - ------- 0.0%----------- ----- 2,023_639----------- 165,000 -------------------------------------------- 3,218 168,218 0.0171------------- 750,000--------- 978,075 1,728,075 0.1754 3,919,931 0.3978 TE-8 1,015,915,375 0.0% 2,019,569 795,000 - 933,656 ---------------------------------------------------------------------- 1,728,656 0.1754 3,748,225 0.3804 2019 1,015,915,375 0.0% 2,022,305 845,000 886,506 1,731,506 0.1757 3,753,811 0.3809 2020 1,015,915,375 0.0% 2,021,660 895,000 836,481 1,731,481 0.1757 3,753,141 0.3809 ---2021------------1,015,915,375- ------------ 0.0%----------- 2,022,660---------- ------------------------------------------------------------------- 945,000---------783,581 1,728,581 0.1754 0.3807 2022 1,015,915,375 0.0% 1,815,245 1,000,000 727,663 ----------------------------- 1,727,663 - -----------3,751,241 0.1753 ----------------- 3,542,908 0.3595 2023 1,015,915,375 0.0% 1,818,526 1,060,000 668,438 1,728,438 0.1754 3,546,964 0.3599 2024 1,015,915,375 0.0% 1,818,745 1,125,000 605,619 1,730,619 0.1756 3,549,364 0.3602 ---202526 ------------1,015,915,375-------- 0.0%-------------944,650---------------------------------------------------------------------------1,190,000---------539,063 ----- 1,729,063 0.1755-----------2,673,713---------0_2713 20 1,015,915,375 0.0% 945,725 1,260,000 - ------------------------------ 468,625 1,728,625 - 0.1754 35 2,674,E - - 0.2714 2027 1,015,915,375 0.0% 1,335,000 394,019 1,729,019 0.1755 1,729,019 0.1755 2028 1,015,915,375 0.0% 1,415,000 314,956 1,729,956 0.1756 1,729,956 0.1756 ---2029 ---- 1,015,915,375 ---------------- ---------,015, 0.0So-------------------------------------------------------------------------------------------------1,500,000---------231_150 1,731,150 0.1757-----------1,731,150---------0_1757- 2030 1,015,915,375 15,3 0.0`ro 1,590,00E ---------732,3----------------- 142,313 1,732,313 0.1758 1,732,313 0.1758 2031 1,015,915,375 0.0% 1,680,000 48,300 1,728,300 0.1754 1,728,300 0.1754 $ 32,100,900 $ 1,000,000 $ 164,385 $ 1,164,385 $ 20,000,000 $ 14,592,925 $ 34,592,925 $ 67,858,210 (1) Fiscal year end 2010 per Collin County Appraisal District. (2) Based on 97%collections. Firstsouthwest AnNNapn1CWMMW Town of Prosper Initial Debt Service Analysis (as of November 16, 2009) Scenario 1A - $Imm Certificates of Obligation and $20mm GO Bond A B C D E F G H K M N Fiscal Taxable Net Year Assessed Growth Tax -Backed Certificates: February 2010 - 20 Years - 5.00% GO Bonds: February 2011- 20 Years - 5.75% Net Total I&S Tax End Valuation I�1 Factor Debt Service Prinicpal Interest Total P+I I&S Rate (2) Prinlcpal Interest Total P+I IM Rate (2) Debt Service Rate (�) 2010 $ 1,015,915,375 $ 2,096,230 $ 2,096,230 $ 0.2059 2011 1,015,915,375 0.0% 2,089,583 $ 5,000 $ 74,875 $ 79,875 $ 0.0081 2,169,458 0.2202 2012 1,015,915,375 0.0% 2,091,095 30,000 49,000 79,000 0.0080 $ 5,000 $ 1,724,856 $ 1,729,856 $ 0.1755 3,899,951 0.3958 --- 2013------------ 1_015,915_375 0.0%------------2,095,283 ------------ 35,000 47,375 82,375 0.0084-------------595,000 1,132,606 1,727,606 0.1753 3,905,264 0.3963 2014 1,015,915,375 0.0% 2,096,913 35,000 45,625 80,625 0.0082 635,000 1,097,244 1,732,244 6.1758 3,909,781 0.3968 2015 1,015,915,375 0.0% 2,086,061 35,000 43,875 78,875 0.0080 670,000 1,059,725 1,729,725 0.1755 3,894,661 0.3952 2016 1,015,915,375 0.0% 2,093,013 40,000 42,000 82,000 0.0083 710,000 1,020,050 1,730,050 0.1756 3,905,063 0.3963 --- 2017------------ 1,015,915,375------- 0_0%------------2,023_639 ------------ 40,000 40,000 80,000 0.0081-------------750,000---------978,075 1,728,075 0.1754 3,831,714 0.3888 2018 1,015,915,375 0.0% 2,019,569 45,000 37,875 82,875 0.0084 795,000 933,656 1,728,656 0.1754 3,831,100 0.3888 2019 1,015,915,375 0.0% 2,022,305 45,000 35,625 80,625 0.0082 845,000 886,506 1,731,506 0.1757 3,834,436 0.3891 2020 1,015,915,375 0.0% 2,021,660 50,000 33,250 83,250 0.0084 895,000 836,481 1,731,481 0.1757 3,836,391 0.3893 --- 2021------------ 1,015,915_375 ------------- 0.0% 2,022,660 50,000 ------------------------------------------- 30,750 80,750 0.0082-------------945,000---------783, - 81 1,728,581 0.1754 3,831,991 0.3889 2022 1,015,915,375 0.0% 1,815,245 55,000 28,125 83,125 0.0084 1,000,000 ----------------------- 727,663 1,727,663 ----------- 0.1753 ---------------- ------------------- 3,626,033 0.3680 2023 1,015,915,375 0.0% 1,818,526 55,000 25,375 80,375 0.0082 1,060,000 668,438 1,728,438 0.1754 3,627,339 0.3681 2024 1,015,915,375 0.0% 1,818,745 60,000 22,500 82,500 0.0084 1,125,000 605,619 1,730,619 0.1756 3,631,864 0.3686 --- 2025------------ 1_015,915_375 0.0%--------------944,650------------ 60,000 19,500 79,500 0.0081-----------1,190:000---------539,063 1,729,063 0.1755 2,753,213 0.2794 2026 1,015,915,375 0.0% 945,725 65,000 16,375 81,375 0.0083 1,260,000 468,625 1,728,625 0.1754 2,755,725 0.2796 2027 1,015,915,375 0.0% 70,000 13,000 83,000 0.0084 1,335,000 394,019 1,729,019 0.1755 1,812,019 0.1839 2028 1,015,915,375 0.0% 70,000 9,500 79,500 0.0081 1,415,000 314,956 1,729,956 0.1756 1,809,456 0.1836 --- 2029------------ - 1,015,915,375 ----------- 0.0% - 75,000 75,000-------- 5,875-------- 80,875 - ------------ 0.0082-----------1,500_000--------- - 231,150 1,731,150 0.1757----------- 1,812,025 0.1839- 2030 1,015,915,375 0.0% 80,000 2,000 82,000 0.0083 1,590,000 ---------,732, 142,313 13------6.--- 1,732,313 -- 1758 -------- 1,814,313 0.1841 2031 1,015,915,375 0.0% 1,680,000 48,300 1,728,300 0.1754 1,728,300 0.1754 $ 32,100,900 $ 1,000,000 $ 622,500 $ 1,622,500 $ 20,000,000 $ 14,592,925 $ 34,592,925 $ 68,316,325 (1) Fiscal year end 2010 per Collin County Appraisal District. (2) Based on 97% collections. Southwest 4 •wm.apmC,,nq,M. Town of Prosper Initial Debt Service Analysis (as of November 16, 2009) Scenario 2 - $1mm Tax Note and $25mm GO Bond @ g i: u t r 9 H i i K L M hi Fiscal Taxable Net Year Assessed Growth Tax -Backed Tax Note: February 2010 - 7 Years - 3.90% GO Bonds: February 2011- 20 Years - 5.75`% Net Total I&S Tax End Valuation Ill Factor Debt Service Prinicpal Interest Total P+I I&S Rate (2) Prinicpal Interest Total P+I I&S Rate (Z) Debt Service Rate (Z) 2010 $ 1,015,915,375 $ 2,096,230 $ 2,096,230 $ 0.2059 2011 1,015,915,375 0.0% 2,089,583 $ 110,000 $ 56,355 $ 166,355 $ 0.0169 2,255,938 0.2289 2012 1,015,915,375 0.0% 2,091,095 135,000 32,078 167,078 0.0170 $ 5,000 $ 2,156,106 $ 2,161,106 $ 0.2193 4,419,279 0.4485 ---2013------------1,015,915,375- - ------------ 0.0%----------- 2,095,283----------- 140,000------ 26,715 ------------------------------ 166,715 0.0169------------- 745,000 1,415,794 2,160,794 0.2193 4,422,791 0.4488 2014 1,015,915,375 0.0% 2,096,913 145,000 21,158 166,158 0.0169 ----------------------------------------------------------------------------- 790,000 1,371,663 2,161,663 0.2194------------ 4,424,733 0.4490 2015 1,015,915,375 0.0% 2,086,061 150,000 15,405 165,405 0.0168 835,000 1,324,944 2,159,944 0.2192 4,411,410 0.4477 2016 1,015,915,375 0.0% 2,093,013 155,000 9,458 164,458 0.0167 885,000 1,275,494 2,160,494 0.2192 4,417,964 0.4483 ---2017------------1,015,915,375- 0.0%----------- 2,023_639-----------165,000--------3,218- ------------- - 168,218 ----------------------------- 0.0171------------- 940,000 1,223,025 2,163,025 0.2195 4,354,881 0.4419 2018 1,015,915,375 0.0% 2,019,569 ---------------------------------------------------------------------------------------- 995,000 1,167,394 2,162,394 0.2194 4,181,963 0.-4244 2019 1,015,915,375 0.0% 2,022,305 1,055,000 1,108,456 2,163,456 0.2195 4,185,761 0.4248 2020 1,015,915,375 0.0% 2,021,660 1,115,000 1,046,069 2,161,069 0.2193 4,182,729 0.4245 2021 --------------------------------------------------------------- 1,015,915,375 0.0% 2= 022,660 ---------------------------------------------------------------------------------------------------------------------------------------------19----------------------------------- 1,185,000 979,944 2,164,944 0.2197 4,187,604 0.4249 2022 1,015,915,375 0.0% 1,815,245 1,255,000 909,794 2,164,794 0.27------ 3,980,039 0.4039 2023 1,015,915,375 0.0% 1,818,526 1,325,000 835,619 2,160,619 0.2193 3,979,145 0.4038 2024 1,015,915,375 0.0% 1,818,745 1,405,000 757,131 2,162,131 0.2194 3,980,876 0.4040 ---2025------------1,015_915,375- ---------------------------------- 0.0%-------------944,650--------------------------------------------------------------------------- 1,490,000-------- 2,163,900 0.2196---- 2026 1,015,915,375 F.R.0 945,725 1,575,000 .673,900 585,781 2,160,781 - 0.2193 ------3,108,550--- 3,106,506 - .-0_3154 - - 0.3152 2027 1,015,915,375 0.0% 1,670,000 492,488 2,162,488 0.2194 2,162,488 0,2194 2028 1,015,915,375 0.0% 1,770,000 393,588 2,163,598 0.2196 2,163,588 0.2196 ---2029------------1,015,915,375- - ------------ 0.0%-------------------------------------------------------------------------------------------------1,875,000---------288,794 2,163,794 0.2196-----------2_163,794--------0_2196- 2030 1,015,915,375 0.0% 1,985,000 ------------------------------ 177,819 2,162,819 - 0.2195 2,162,819 0.2195 2031 1,015,915,375 0.0% 2,100,000 60,375 2,160,375 0.2192 2,160,375 0.2192 $ 32,100,900 $ 1,000,000 $ 164,385 $ 1,164,385 $ 25,000,000 $ 18,244,175 $ 43,244,175 $ 76,509,460 (1) Fiscal year end 2010 per Collin County Appraisal District. (2) Based on 97%collections. Southwest'' AR lnsQk N IC nWWW Town of Prosper Initial Debt Service Analysis (as of November 16, 2009) Scenario 2A - $1mm Certificates of Obligation and $25mm GO Bond w g L u t r V H I i K L M N Fiscal Taxable Net Year Assessed Growth Tax -Backed Certificates: February 2010 - 20 Years - 5.00% GO Bonds: February 2011- 20 Years - 5.75% Net Total I&S Tax End Valuation (�) Factor Debt Service Prinicpal Interest Total 13+1 I&S Rate (2) Prinicpal Interest Total P+I I&S Rate (2) Debt Service Rate 121 2010 $ 1,015,915,375 $ 2,096,230 $ 2,096,230 $ 0.2059 2011 1,015,915,375 0.0% 2,089,583 $ 5,000 $ 74,875 $ 79,875 $ 0.0081 2,169,458 0.2202 2012 1,015,915,375 0.0% 2,091,095 30,000 49,000 79,000 0.0080 $ 5,000 $ 2,156,106 $ 2,161,106 $ 0.2193 4,331,201 0.4395 - --- 2013------------ 1,015,915_375 ----------- 0.0% - 2,095,283 35,000 -----------------------------------------08 47,375 82,375 0.0084--------------745,000 -- 2,160,794 0.2193-------- 4,338,451- 0.4403- 2014 1,015,915,375 0.0% 2,096,913 35,000 45,625 80,625 F02 -------1,415,794 790,000 - ---------------- 1,371,663 --------------- 2,161,663 0.2194 --- 4,339,200 ----- 0.4403 2015 1,015,915,375 0.0% 2,086,061 35,000 43,875 78,875 0.0080 835,000 1,324,944 2,159,944 0.2192 4,324,880 0.4389 2016 1,015,915,375 0.0% 2,093,013 40,000 42,000 82,000 0.0083 885,000 1,275,494 2,160,494 0.2192 4,335,506 0.4400 --- 2017------------ 1,015,915,375 0.0% -------- ----2,023,639------------ 40,000 40,000 80,000------0.0081-------------940_000 1,223,025 2,163,025 0:2195 4,266,664 0.4330 2018 1,015,915,375 0.0% 2,019,569 45,000 37,875 82,875 0.0084 995,000 1,167,394 2,162,394 0.2194 4,264,838 0.4328 2019 1,015,915,375 0.0% 2,022,305 45,000 35,625 80,625 0.0082 1,055,000 1,108,456 2,163,456 0.2195 4,266,386 0.4329 2020 1,015,915,375 0.0% 2,021,660 50,000 33,250 83,250 0.0084 1,115,000 1,046,069 2,161,069 0.2193 4,265,979 0.4329 --- 2021------------ 1_015,915_375 0.0% 2,022,660 50_000 30,750 80,750------0.0082 -----------1,185,000---------979,944 2,164,944 0.2197 4,268,354 0.4331 2022 1,015,915,375 0.0% 1,815,245 55,000 28,125 83,125 0.0084 1,255,000 909,794 2,164,794 0.2197 4,063,164 0.4123 2023 1,015,915,375 0.0`Yo 1,818,526 55,000 25,375 80,375 0.0082 1,325,000 835,619 2,160,619 0.2193 4,059,520 0.4120 2024 1,015,915,375 0.0% 1,818,745 60,000 22,500 82,500 0.0084 1,405,000 757,131 2,162,131 0.2194 4,063,376 0.4123 --- 2025------------ 1,015,915,375 0.0%-------- ------944,650------------ 60,000 19,500 79,500------0.0081-----------1,490,000 673,900 2,163,900 0.2196 3,188,050 0.3235 2026 1,015,915,375 0.0% 945,725 65,000 16,375 81,375 0.0083 1,575,000 585,781 2,160,781 0.2193 3,187,881 0.3235 2027 1,015,915,375 0.0% 70,000 13,000 83,000 0.0084 1,670,000 492,488 2,162,488 0.2194 2,245,488 0.2279 2028 1,015,915,375 0.0% 70,000 9,500 79,500 0.0081 1,770,000 393,588 2,163,588 0.2196 2,243,088 0.2276 2029 1,015,915,375 0.0`Yo----------------------------------- 75,000 5,875 80,875 0.0082-----------1,875,000 288,794 2,163,794 0.2196 2,244,669 0.2278 2030 1,015,915,375 0.0% 80,000 2,000 82,000 0.0083 1,985,000 177,819 2,162,819 0.2195 2,244,819 0.2278 2031 1,015,915,375 0.0% 2,100,000 60,375 2,160,375 0.2192 2,160,375 0.2192 $ 32,100,900 $ 1,000,000 $ 622,500 $ 1,622,500 $ 25,000,000 $ 18,244,175 $ 43,244,175 $ 76,967,575 (1) Fiscal year end 2010 per Collin County Appraisal District. (2) Based on 97% collections. t5outhwest Aft1.C. lWCmW y Town of Prosper Initial Debt Service Analysis (as of November 16, 2009) Scenario 3 - $Imm Tax Note and $30mm GO Bond A 11 [ D -k ! G H 1 i K L M N Fiscal Taxable Net Year Assessed Growth Tax -Backed Tax Note: February 2010 - 7 Years - 3.90% GO Bonds: February 2011- 20 Years - 5.75% Net Total I&S Tax End Valuation (2) Factor Debt Service Prinicpal Interest Total P+I I&S Rate (2) Prinicpal Interest Total P+I I&S Rate (2) Debt Service Rate (2) 2010 $ 1,015,915,375 $ 2,096,230 $ 2,096,230 $ 0.2059 2011 1,015,915,375 0.0% 2,089,583 $ 110,000 $ 56,355 $ 166,355 $ 0.0169 2,255,938 0.2289 2012 1,015,915,375 0.0% 2,091,095 135,000 32,078 167,078 0.0170 $ 5,000 $ 2,587,356 $ 2,592,356 $ 0.2631 4,850,529 0.4922 ---2013------------1,015,915,375- ------------0.0%----------- 2,095,283-----------140,000 ----------------------------- 26,715 166,715 ----- - 0_0169------------- - 895,000 1,698,981 2,593,981 0.2632 4,855,979 0.4928 01 24 1,015,915,375 0.0% 2,096,913 145,000 21,158 166,158 0.0169 ------------------------------------------------------------------------ 950,000 1,645,938 2,595,938 0.2634 ------------------ 4,859,008 0.4931 2015 1,015,915,375 0.0% 2,086,061 150,000 15,405 165,405 0.0168 1,005,000 1,589,731 2,594,731 0.2633 4,846,198 0.4918 2016 1,015,915,375 0.0% 2,093,013 155,000 9,458 164,458 0.0167 1,065,000 1,530,219 2,595,219 0.2634 4,852,689 0.4924 ---2017------------1,015,915,375--------0.0% ----------- 2,023,639----------- 165,000 -------------------------------------------- 3,218 168,218 0.0171----------- 1,130,000 ------------------------------------------------------------------------------------------ 1,467,113 2,597,113 0.2635 4,788,969 0.4860 2018 1,015,915,375 0.0% 2,019,569 1,195,000 1,400,269 2,595,269 0 .2634 4,614,838 0.4683 2019 1,015,915,375 0.0% 2,022,305 1,265,000 1,329,544 2,594,544 0.2633 4,616,849 0.4685 2020 1,015,915,375 0.0% 2,021,660 1,340,000 1,254,650 2,594,650 0.2633 4,616,310 0.4685 2021 1,015,915,375 0.0% 2,022,660 --------------- ------------------------------------------------= ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 1,420,000 1,175,300 2,595,300 0.2634 4,617,960 0.4686 2022 1,015,915,375 0.0% 1,815,245 1,505,000 1,091,206 2,596,206 0.2635 4,411,451 0.4477 2023 1,015,915,375 0.0% 1,818,526 1,590,000 1,002,225 2,592,225 0.2631 4,410,751 0.4476 2024 1,015,915,375 0.0% 1,818,745 1,685,000 908,069 2,593,069 0.2631 4,411,814 0.4477 ---2025------------1,015,915,375- ------------ 0.0%-------------944,650--------------------------------------------------------------------------- 1,785,000---------808,306 ------------------------------ 2,593,306 0.2632 2026 1,015,915,375 0.0% 945,725 1,890,000 702,650 2,592,650 ------------3:537,956---- 0.2631 3,538,375 ---0_3590 0.3591 2027 1,015,915,375 0.0% 2,005,000 590,669 2,595,669 0.2634 2,595,669 0.2634 2028 1,015,915,375 0.0% 2,120,000 472,075 2,592,075 0.2630 2,592,075 0.2630 2029 ---------------------------------------------------------------------------------------------------------------------------------------------------------- 1,015,915,375 0.0% 2,250,000 - -------- 346,438 2,596,438 0.2635 2030 1,015,915,375 0.R 2,380,000 ------------------------------ 213,325 2,593,325 - -----------2,596,438 0.2632 - ----- 2,593,325 -0_2635 0.2632 2031 1,015,915,375 0.0% 2,520,000 72,450 2,592,450 0.2631 2,592,450 0.2631 $ 32,100,900 $ 1,000,000 $ 164,385 $ 1,164,385 $ 30,000,000 $ 21,886,513 $ 51,886,513 $ 85,151,798 (1) Fiscal year end 2010 per Collin County Appraisal District. (2) Based on 97% collections. FlrstSouthwest Town of Prosper Initial Debt Service Analysis (as of November 16, 2009) Scenario 3A - $1mm Certificates of Obligation and $30mm GO Bond M o i: u t r sa n i i K L M N Fiscal Taxable Net Year Assessed Growth Tax -Backed Certificates: February 2010 - 20 Years - 5.00% GO Bonds: February 2011- 20 Years - 5.75Yo Net Total I&S Tax End Valuation Ill Factor Debt Service Prinicpal Interest Total P+I I&S Rate IZl Prinicpal Interest Total P+I I&S Rate IZl Debt Service Rate IZl 2010 $ 1,015,915,375 $ 2,096,230 $ 2,096,230 $ 0.2059 2011 1,015,915,375 0.0% 2,089,583 $ 5,000 $ 74,875 $ 79,875 $ 0.0081 2,169,458 0.2202 2012 1,015,915,375 0.0% 2,091,095 30,000 49,000 79,000 0.0080 $ 5,000 $ 2,587,356 $ 2,592,356 $ 0.2631 4,762,451 0.4833 ---2013------------ 1,015,915,375 0.090------------2,095_283------------ 35,000 47,375-------- 82_375 0.0084-------------895,000 1,698,981 2,593,981 0.2632 4,771,639 0.4842 2014 1,015,915,375 0.0% 2,096,913 35,000 45,625 80,625 0.0082 950,000 1,645,938 2,595,938 0.2634 4,773,475 0.4844 2015 1,015,915,375 0.0% 2,086,061 35,000 43,875 78,875 0.0080 1,005,000 1,589,731 2,594,731 0.2633 4,759,668 0.4830 2016 1,015,915,375 0.0% 2,093,013 40,000 42,000 82,000 0.0083 1,065,000 1,530,219 2,595,219 0.2634 4,770,231 0.4841 --- 2017------------ 1_015,915_375------- 0_0%------------2,023,639------------ 40_000 40,000 80,000 0.0081-----------1,130,000 1,467,113 2,597,113 0.2635 4,700,751 0.4770 2018 1,015,915,375 0.0% 2,019,569 45,000 37,875 82,875 0.0084 1,195,000 1,400,269 2,595,269 0.2634 4,697,713 0.4767 2019 1,015,915,375 0.0% 2,022,305 45,000 35,625 80,625 0.0082 1,265,000 1,329,544 2,594,544 0.2633 4,697,474 0.4767 2020 1,015,915,375 0.0% 2,021,660 50,000 33,250 83,250 0.0084 1,340,000 1,254,650 2,594,650 0.2633 4,699,560 0.4769 --- 2021------------ 1_015,915_375 0.0% 2,022,660 50_000 30,750 80,750 0.0082-----------1,420,000 1,175,300 2,595,300 0.2634 4,698,710 0.4768 2022 1,015,915,375 0.0% 1,815,245 55,000 28,125 83,125 0.0084 1,505,000 1,091,206 2,596,206 0.2635 4,494,576 0.4561 2023 1,015,915,375 0.0% 1,818,526 55,000 25,375 80,375 0.0082 1,590,000 1,002,225 2,592,225 0.2631 4,491,126 0.4557 2024 1,015,915,375 0.0% 1,818,745 60,000 22,500 82,500 0.0084 1,685,000 908,069 2,593,069 0.2631 4,494,314 0.4561 --- 2025------------ 1,015,915,375 ------- 0.0%------------- 944,650------------ 60,000 ---- ----------------------------- 19,500 79,500------0.0081-----------1,785,000 -- - 808,306 2,593,306 0.2632 3,617,456 0.3671 2026 1,015,915,375 0.0% 945,725 65,000 16,375 81,375 0-- .0083 -----------------------------------26----- 1,890,000 702,650 ---------- 2,592,650 -------- 0.31 ------------------------- 3,619,750 --- 0.3673 2027 1,015,915,375 0.0% 70,000 13,000 83,000 0.0084 2,005,000 590,669 2,595,669 0.2634 2,678,669 0.2718 2028 1,015,915,375 0.0% 70,000 9,500 79,500 0.0081 2,120,000 472,075 2,592,075 0.2630 2,671,575 0.2711 --- 2029------------ 1,015,915,375 0.0% 75,000 5,875 80,875------0.0082-----------2,250,000---------346,438 2,596,438 0.2635 2,677,313 0.2717 2030 1,015,915,375 0.0% 80,000 2,000 82,000 0.0083 2,380,000 213,325 2,593,325 0.2632 2,675,325 0.2715 2031 1,015,915,375 0.0% 2,520,000 72,450 2,592,450 0.2631 2,592,450 0.2631 $ 32,100,900 $ 1,000,000 $ 622,500 $ 1,622,500 $ 30,000,000 $ 21,886,513 $ 51,886,513 $ 85,609,913 (1) Fiscal year end 2010 per Collin County Appraisal District. (2) Based on 97% collections. t5outhwest AM1mCWWCun4m y. Town of Prosper Initial Debt Service Analysis (as of November 16, 2009) Debt Capacity A B C D E F G H I J K L Fiscal Taxable Year Assessed Growth I 1 Cent Increase I 5 Cent Increase I 12.5 Cent Increase F End Valuation (1) Factor Prinicpal Interest I&5 Rate (Z) Prinicpal Interest I&S Rate (Z) Prinicpal Interest I&S Rate M 2010 $ 1,015,915,375 2011 1,015,915,375 0.0% 2012 1,015,915,375 0.0% $ - $ 98,756 $ 0.0100 $ - $ 491,625 $ 0.0499 $ 5,000 $ 1,228,056 $ 0.1251 ---2013------------ 1,015,915_375 ------------- 0.0%------------- 35,000-------64,831 - ---------------- 0.0101------------- 170,000--------- 322,863--------0.0500-------------425,000---------806,294_------ 0.1249 2014 1,015,915,375 0.090 35,000 62,819 0.0099 180,000 312,800 0.0500 450,000 781,138 0.1249 2015 1,015,915,375 0.0% 40,000 60,663 0.0102 190,000 302,163 0.0499 475,000 754,544 0.1248 2016 1,015,915,375 0.0% 40,000 58,363 0.0100 200,000 290,950 0.0498 505,000 726,369 0.1250 --- 2017--------- --- 1,015,915,375------- 0_0%------------- 45_000------- 55,919 --------- - - 0.0102------------- ------- 215,000--------- 279,019 0_0501-------------535,000--------- 696,469- 0_1250 2018 1,015,915,375 0.0% 45,000 53,331 0.0100 225,000 ........ 266,369 0.0499 565,000 ---- 664,844 _- - 0.1248 2019 1,015,915,375 0.0% 50,000 50,600 0.0102 240,000 253,000 0.0500 600,000 631,350 0.1250 2020 1,015,915,375 0.0% 50,000 47,725 0.0099 255,000 238,769 0.0501 635,000 595,844 0.1249 --- 2021------------ 1,015,915,375- ------ 0.0%------------- ------ 55,000------- 44,706-------- 0_0101-------------- - 270,000--------- 223,675 -------------- 0.0501-------------675,000--------- 558J81 0_1251 2022 1,015,915,375 0.0% 60,000 41,400 0.0103 285,000 207,719 -- 0.0500 715,000 518,219 - 0.1251 2023 1,015,915,375 0.0% 60,000 37,950 0.0099 305,000 190,756 0.0503 755,000 475,956 0.1249 2024 1,015,915,375 0.0% 65,000 34,356 0.0101 320,000 172,788 0.0500 800,000 431,250 0.1249 --- 2025------------1,015,91S,375 - ------------ 0.0%------------- - 70,000 ------------------------------- 30,475 0.0102------------- 340,000 ----------------- 153,813 _0501-------------850,000--------- 383,813-------- 0_1252 2026 1,015,915,375 0.0% 70,000 26,450 0.0098 360,000 ---------0 133,688 0.0501 900,000 333,500 - 0.1252 2027 1,015,915,375 0.0% 75,000 22,281 0.0099 380,000 112,413 0.0500 950,000 280,313 0.1248 2028 1,015,915,375 0.0% 80,000 17,825 0.0099 405,000 89,844 0.0502 1,010,000 223,963 0.1252 --- 2029------------ 1,015,915_375 ---------- - 0.0%------------- - 85,000------- 13,081-------- - 0.0100 -------------- - 425,000-----------65,981-------- 0_0498 164,306 0_1247 2030 1,015,915,375 0.0% 90,000 8,050 0.0099 455,000 40,681 -----------1,065,000--------- 0.0503 1,130,000 ----^- 101,200 0.1249 2031 1,015,915,375 0.0% 95,000 2,731 0.0099 480,000 13,800 0.0501 1,195,000 34,356 0.1248 $ 1,145,000 $ 832,313 I $ 5,700,000 $ 4,162,713 I $ 14,240,000 $ 10,389,963 I (1) Fiscal year end 2010 per Collin County Appraisal District. $ 0.0100 $ 0.0500 $ 0.1250 (2) Based on 97% collections. Average Average Average i , First5outhwes4a VV AP1aUNCW W Company. � 1� TOWN OF Pl PE Prosper is a place where everyone matters. To: Mayor and Town Council From: Mike Land, Town Manager ADMINISTRATION Agenda Item No. 8 Re: Town Council Meeting — Tuesday April 13, 2010 Date: April 6, 2010 Agenda Item: Consider and act on a Resolution authorizing the Town Manager to sign a contract with Public Sector Personnel Consultants to perform a comprehensive compensation plan analysis for the Town of Prosper. Description of Anenda Item: Per the Town Council discussion on March 9, 2010 the Town solicited a request for professional services from three firms specializing in compensation analysis. These three firms, Public Sector Personnel Consultants, Ray and Associates and The Management Connection were selected based on their familiarity with the north Texas municipal/government market and familiarity with Prosper. The scope of the work (attached for your review) required that the proposal include five major components; 1) Review the Town's current job descriptions, 2) perform a salary and benefits survey, 3) develop a comprehensive compensation plan, 4) create a new performance evaluation system, and 5) design a incentive pay system to recognize outstanding performance. Because of the current work being performed by The Management Connection internally with the organization and with the Council, the firm chose not to submit a proposal. Ray and Associates and Public Sector Personnel Consultants submitted formal proposals. Both firms proposal's fully covered each of the components included in the scope of services. Each of the proposals included timelines that met the schedule as outlined in the scope. The basics of each proposal were basically the same with both anticipating early meetings with staff and Council to set certain parameters for the project including choosing benchmark communities and salary plan structure that best fits the Town of Prosper competitive strategy in the marketplace. Both plans include performing an internal equity analysis as well as providing the Town with the necessary software and training to implement and maintain the plan in the future. Finally, each firm has experience at developing and implementing performance/merit type pay systems. In following up with the two firms references, both firms had excellent references ranging from Coppell and Keller, to Frisco and El Paso. After reviewing the two proposals, comparing their respective approaches and how well they matched the proposed scope of services, staff then looked at the proposed cost for services. This is the area where the largest difference occurred. The proposal from Ray and Associates was approximately four times the cost proposed by Public Sector Personnel Consultants. The cost differential when combined with the higher degree of expectation of staff involvement in performing some of the research in accomplishing the task included in the Ray and Associates Agenda Item No. 8 - Page 1 of 2 proposal lead staff to recommend that the Town Council select Public Sector Personnel Consultants. Public Sector's proposal for performing the scope of services is $15,000. Budget Impact: The cost for this service, $15,000, will be paid with budgeted funds allocated for employee compensation, specifically out of the employee incentive pay line item. After utilization of these funds for this purpose, the line item will have approximately $43,000 remaining for potential one time distribution to employees based on performance and Council directive. Legal Obligations and Review: NA Attached Documents: 1. Scope of Services for the Town of Prosper Comprehensive Compensation Plan Analysis. 2. Proposal from Public Sector Personnel Consultants dated March 29, 2010 to perform a Comprehensive Compensation Analysis for the Town of Prosper. 3. Resolution authorizing the Town Manager to enter into a contract with Public Sector Personnel Consultants. Town Staff Recommendation: Town Staff recommends the Town Council authorize the Town Manager to enter into a contract with Public Sector Personnel Consultants to perform a Comprehensive Compensation Plan Analysis for the Town of Prosper for the contract amount of $15,000. Agenda Item No. 8 - Page 2 of 2 PUBLIC SECTOR aaasar�M�L GONNULTANT! March 29, 2010 Mr. Mike Land Town Manager Town of Prosper 121 W. Broadway Prosper, Texas 75078 Dear Mr. Land: Pursuant to your RFP, we are pleased to submit our proposal to assist the Town with a Compensation Analysis and Performance Evaluation Study. We specialize in this field, and have provided similar services to more than 1,000 public employers throughout the US, including more than 325 municipalities and nearly 100 public employers in Texas. We have been privileged to partner with several area employers for their compensation planning needs, including the City of Frisco, the City of Corinth, the City of Colleyville, the City of Benbrook, and the City of Haltom City. We also recently assisted the City of Southlake with implementation when another consulting firm failed to provide the City with the tools necessary to implement their plan. Our firm is unique in that we utilize only full time staff members. We conduct 50-60 studies annually, and are in business to support public employers in developing sustainable, affordable, equitable and competitive compensation plans. We do not utilize survey databases or "data warehouses" — we develop custom surveys and maintain full control of iob matching and data quality assurance! We are confident that our extensive Texas public employers classification and compensation experience, large specialized and highly qualified staff, proven methods, unique EZ COMPTM and AEPTM applications to ensure the Town's self-sufficiency, and one year of implementation support and assistance at no cost, will achieve all of the Town's objectives for this important project. We take no exceptions to the RFP, requirements, or requested scope of services. Our proposal remains valid for a period of not less than 90 days. We appreciate your consideration of our proposal. I will be your primary contact for this proposal, act as our firm's responsible agent, and below is my contact information. We would welcome the opportunity to further present our qualifications and interest in person should that assist the Town with this important decision. Sincerely, VA-wcW Matthew Weatherly President (888) 522-7772 PH (480) 970-6019 FX mweatherly(a-compensationconsulting.com cc: Robert Miles and Staff, PSPC - Dallas Regional Location: 25 Highland Park Village, #100-605 Dallas, Texas 75205 National Office: 1215 West Rio Salado Parkway, #109 Tempe, Arizona 85281 888.522.7772 - FAX (480) 970-6019 - info@compensationconsulting.com PROPOSAL TO CONDUCT A COMPENSATION ANALYSIS FOR THE TOWN OF PROSPER MARCH 2O10 PUBLIC SECTOR PERSONNEL CONSULTANTS Regional Location: 25 Highland Park Village, #100-605 Dallas, Texas 75205 National Office: 1215 West Rio Salado Parkway, Suite 109 Tempe, Arizona 85281 (480) 947-6164 (480) 970-6019 FAX www.compensationconsulting.com PROPOSAL TO CONDUCT A COMPENSATION ANALYSIS FOR THE TOWN OF PROSPER TABLE OF CONTENTS Section Page QUALIFICATIONS OF OUR FIRM HISTORY AND FACTS ABOUT OUR FIRM TEXAS EMPLOYERS SERVED BY OUR STAFF RECENT MUNICIPAL EMPLOYERS SERVED BY OUR STAFF 2 QUALIFICATIONS OF OUR STAFF RESUMES OF PROJECT TEAM MEMBERS 4 3 CLIENT REFERENCES 6 4 SCOPE OF WORK PROJECT UNDERSTANDING: SUMMARY OF SERVICES FOR THE TOWN PROJECT APPROACH AND METHODOLOGY A. OBJECTIVES OF THE PROJECT B. SCOPE OF THE PROJECT C. PROJECT METHODOLOGY 1. Quality Assurance 2. Project Planning Meetings and Communication Plan Development D. REVIEW OF CURRENT JOB DESCRIPTIONS 1. Review of Essential Tasks — Current Job Descriptions 2. Meetings with Town Officials 3. Confirming Job Descriptions 4. Establishing Linkage Between Job Description Content and Performance 5. Optional Approaches to Ensure Internal Equity E. COMPREHENSIVE AND SUSTAINABLE COMPENSATION PLAN 1. Town Involvement in Compensation Plan Development 2. Comprehensive Compensation Survey 3. Prevailing Rates Calculation 4. Compensation Competitiveness Comparison 5. Compensation Competitiveness Policy 6. Salary Plan Structure Development 7. Salary Range Assignment Development 8. Implementation Plan Development F. PERFORMANCE EVALUATION SYSTEM DEVELOPMENT 1. Changes to System — Participation in Customization by the Town 2. Procedure Manuals and Forms 3. Supervisory Training Workshops 4. Quality Assurance Reviews 5. Linking Performance Pay to Incentives G. FINAL REPORTS AND PRESENTATIONS 1. Draft and Final Report Preparation 2. Final Report Presentations 3. EZ COMPTm Program Installation 4. Implementation Warranty H. ENSURING THE TOWN'S SELF-SUFFICIENCY 1. EXTENSIVE EMPLOYEE INCLUSION AND COMMUNICATION J. MINIMAL TOWN SUPPORT REQUIRED (CONTINUED) 7 8 8 8 8 8 8 9 9 9 9 9 9 10 10 10 11 11 11 11 11 11 12 12 12 12 13 13 13 13 13 13 13 13 14 14 CPTX PUBLIC SECTOR PERSONNEL CONSULTANTS 3/10 PROPOSAL TO CONDUCT A COMPENSATION ANALYSIS FOR THE TOWN OF PROSPER TABLE OF CONTENTS (continued) Section Pape 5 PROJECT TIMELINE — GANTT CHART 15 6 PROJECT COST ESTIMATE 16 7 ADDITIONAL INFORMATION "Communicating the Project to the Employees" httpJAvww. compensationconsultincr. com/documents/Communication % 208rochure. PDF "EZ COMPT" Program Description please visit http://www. compensationconsultinq. com/documen ts/EZ % 2000MP. pdf "AEPT""" Program Description please visit http.lAvww. compensationconsultinp. com/documents/AEP. pdf PSPC EZ COMPTM CD-ROM please visit http://www.comi)ensationconsulting.com/presentations/EZcomp/EZ COMP.html CPTX PUBLIC SECTOR PERSONNEL CONSULTANTS 3/10 PROPOSAL TO CONDUCT A COMPENSATION ANALYSIS FOR THE TOWN OF PROSPER QUALIFICATIONS OF OUR FIRM HISTORYAND FACTS ABOUT OUR FIRM TEXAS EMPLOYERS SERVED BY OUR STAFF RECENTLY COMPLETED MUNICIPAL PROJECTS PUBLIC SECTOR PERSONNEL CONSULTANTS HISTORY AND FACTS ABOUT OUR FIRM • HISTORY OF OUR FIRM Public Sector Personnel Consultants (PSPC) originated in 1972 with the Public Sector Group of the international human resources consulting firm of Hay Associates. PSPC was established as an independent firm in 1982. • REGIONAL STAFF Our national office is in Tempe, AZ, and we have regional offices or affiliates in Austin, TX, Columbus, OH, Chicago, IL, Dallas, TX, Denver, CO, Kansas City, MO, Los Angeles, CA, Sacramento, CA, St. Paul, MN, San Diego, CA, Santa Fe, NM, and Seattle, WA. • SPECIALIZED /N COMPENSATION SERVICES We are "super -specialists" in compensation, providing services in job analysis, position classification, job content evaluation, compensation, and directly related services. Over 98% of our classification and compensation studies have been successfully implemented by our clients. • SPECIALIZED INSTATE AND LOCAL GOVERNMENT CLIENTS We provide services exclusively to public sector employers including municipalities, counties, utility districts, library districts, special districts, state governments, housing and redevelopment agencies, airport authorities, school districts, higher education, and tribal governments. • SPECIALIZED COMPENSATION STAFF Our staff is comprised of ten (10) full time and an additional five (5) part time senior human resources professionals with very extensive experience as compensation managers and consultants for public employers. Our staff has more than 100 years of combined experience working for and consulting to public sector employers. • OVER 1,000 PUBLIC EMPLOYERS SERVED Our staff members have provided compensation, human resources, training and related consulting services to more than 1,000 public and 200 private employers throughout the U.S. AMERICAN COMPENSATION ASSOCIATION PARTICIPATION (ACA) (NOW WORLDATWORK) Our consultants are active members of ACA, including serving as instructors for the ACA certification courses. • SPECIALIZED COMPENSATION AND RELATED RESOURCES We utilize our EZ COMPTm salary survey and plan program, modified FES point -factor job evaluation system, AEPTm performance evaluation plan, and SNAP TM staffing needs analysis program. • FIRST YEAR IMPLEMENTATION WARRANTY We provide our clients with extensive implementation support during the first year, and we will analyze, evaluate, classify, and provide a salary range recommendation for any new or changed position or entire job class, at no additional cost. TPTX PUBLIC SECTOR PERSONNEL CONSULTANTS 3/10 1 TEXAS PUBLIC EMPLOYERS SERVED BY OUR STAFF The following Texas employers are representative of the more than 1,000 public employers throughout the U.S. for whom members of our staff have provided classification and/or compensation consulting services. Alice, City of Anahuac, City of Austin Community College Austin Housing Authority Balcones Heights, City of Baylor University Baytown, City of * Bee Cave, Village of Benbrook, City of and Library District Carrizo Springs, City of Cedar Park, City of Colleyville, City of Community Assoc. of the Woodlands Corinth, City of Dallas County Dallas Housing Authority Eagle Pass, City of Ell Paso County Ell Paso, City of Frisco, City of * Galveston, Port of Goforth Water System Grayson, County of Greater Texas Federal Credit Union Haltom City, City of Harrison County Hays County Horseshoe Bay, City of * (Lake LBJ MUD) Houston Housing Authority Jefferson County * Jefferson County Appraisal District Killeen, City of Lakeway, City of Lamar University League City, City of Longview, City of Nederland, City of New Braunfels, City of Palestine, City of Pantego, Town of Pearland, City of Port Lavaca, City of Port Neches, City of River Oaks, City of Rockwall, City of Rowlett, City of San Angelo, City of San Antonio, City of Schertz, City of South Padre Island, Town of Southlake, City of ** State Bar of Texas Texas Department of Banking Texas Department of Transportation Texas Office of Attorney General Texas Water Development Board Tomball, City of Webster, City of Windcrest, City of Wylie, City of *REPEAT CLIENTS — MULTIPLE PROJECTS COMPLETED **ASSISTED WITH IMPLEMENTATION AFTER ANOTHER FIRM FAILED TO PROVIDE TOOLS / SUPPORT TPTX PUBLIC SECTOR PERSONNEL CONSULTANTS 3/10 2 RECENT MUNICIPAL EMPLOYERS SERVED: 2000-2010 Alice, City of, TX Apple Valley, City of, CA Ardmore, City of, OK Azusa, City of, CA Balcones Heights, City of, TX Banning, City of, CA Baytown, City of, TX Benbrook, City of, TX Bend, City of, OR Berthoud, City of, CO Bismarck, City of, ND Bloomingdale, Borough of, NJ Boonville, City of, MO Borough of Fox Chapel, PA Bosque Farms, Village of, NM Bothell, City of, WA Bozeman, City of, MT Brighton, City of, CO Buckeye, Town of, AZ Burbank, City of, CA Calabasas, City of, CA Camarillo, City of, CA Camp Verde, Town of, AZ Carlsbad, City of, NM Carrizo Springs, City of, TX Casa Grande, City of, AZ Cedar Park, City of, TX Centralia, City of, MO Chino, City of, CA Colleyville, City of, TX Commerce, City of, CA Community Assoc. of Woodlands, TX Compton, City of, CA Coolidge, City of, AZ Corcoran, City of, CA Corinth, City of, TX Cranberry Township, PA Dana Point, City of, CA Durant, City of, OK Eagle Pass, City of, TX Edmond, City of, OK El Mirage, City of, AZ El Paso, City of, TX El Segundo, City of, CA Eloy, City of, AZ Estes Park, City of, CO Federal Heights, City of, CO Firestone, Town of, CO Flagler Beach, City of, FL Fort Collins, City of, CO Fox Chapel, Borough of, PA Franklin Park, Borough of, PA Fresno, City of, CA Frisco, City of, TX Galveston, Port of, TX Geneseo, City of, IL Gillette, City of, WY Glenwood Springs, City of, CO Grand Forks, City of, ND Great Falls, City of, MT Gunnison, City of, CO Haltom City, City of, TX Hemet, City of, CA Henderson, City of, NV Hobbs, City of, NM Horseshoe Bay, City of, TX Huntington Beach, City of, CA Inglewood, City of, CA Killeen, City of, TX Lake Havasu City, AZ Lakeway, City of, TX Las Cruces, City of, NM League City, City of, TX Libertyville, Village of, IL Lincoln, City of, OR Longview, City of, TX Los Lunas, Village of, NM Marana, Town of, AZ Maricopa, City of, AZ Marshfield, City of, WI Minot, City of, ND Mountain Village, Town of, CO Muskego, City of, WI Nederland, City of, TX New Braunfels, City of, TX Nogales, City of, AZ Norco, City of, CA Norman, City of, OK Oak Ridge, City of, TN Oakland, City of, CA Oldsmar, City of, FL Oro Valley, Town of, AZ Page, City of, AZ Palestine, City of, TX Palm Springs, City of, CA Pasadena, City of, CA Pearland, City of, TX (2002) Pine, Township of, PA Pinetop-Lakeside, Town of, AZ Pinellas Park, City of, FL Port Neches, City of, TX Prescott Valley, Town of, AZ Prescott, City of, AZ Provo, City of, UT Queen Creek, Town of, AZ Redwood City, City of, CA Rialto, City of, CA Rockwall, City of, TX Rowlett, City of, TX Sacramento, City of, CA Safford, City of, AZ Sahuarita, Town of, AZ San Angelo, City of, TX San Clemente, City of, CA San Juan Capistrano, City of, CA San Luis, City of, AZ Schertz, City of, TX Seaside, City of, CA Shaler, Township of, PA Silt, Town of, CO Solina Beach, City of, CA South Padre Island, TX Southlake, City of, TX Spokane, City of, WA (Library) Steamboat Springs, City of, CO Stockton, City of, CA Sunny Isles Beach, City of, FL Surprise, City of, AZ Tempe, City of, AZ Tolleson, City of, AZ Tomball, City of, TX Tracy, City of, CA Valdez, City of, AK Vero Beach, City of, FL West Yellowstone, Town of, MT Willcox, City of, AZ Williston, City of, ND Windcrest, City of, TX Winslow, City of, AZ Wylie, City of, TX Yuma, City of, AZ TPTX PUBLIC SECTOR PERSONNEL CONSULTANTS 3/10 3 PROPOSAL TO CONDUCT A COMPENSATION ANALYSIS FOR THE TOWN OF PROSPER QUALIFICATIONS OF OUR STAFF RESUMES OF PROJECT TEAM MEMBERS PUBLIC SECTOR PERSONNEL CONSULTANTS MATTHEW E. WEATHERLY, PRESIDENT AND PROJECT LEADER Mr. Weatherly has over 10 years of experience as a human resources management professional and consultant, specializing in position classification, compensation, recruitment and selection. He has served as a Human Resources Manager with Employee Solutions, Inc. and Staffing Consultant with Initial Staffing Services. He has completed projects in staff development, recruitment, selection, job descriptions, salary survey, and salary plan development. Among his current and recently completed Texas consulting projects are those for: Alice, City of, TX Haltom City, City of, TX League City, City of, TX Benbrook, City of, TX Harrison County, TX Port Lavaca, City of, TX Colleyville, City of, TX Horseshoe Bay, City of, TX San Angelo, City of, TX Frisco, City of, TX Lakeway, City of, TX Southlake, City of, TX Mr. Weatherly holds a BS degree in Human Resources Management from Arizona State University. He has been a featured speaker at TMHRA and regional City Manager and HR Regional meetings in Texas. ROBERT A. MILES, SPHR Mr. Miles has over 25 years of experience as a human resources manager and consultant for public employers, specializing in position classification and compensation. He has served as Personnel Analyst for the City of Ft. Lauderdale, FL, Personnel Manager for the City of West Palm Beach, FL, Director of Human Resources for the Palm Beach County Sheriffs Department, FL., AND Deputy Personnel Director for the City of Springfield, OH. He has conducted projects in job analysis, position classification, job evaluation, compensation surveys, compensation plan development, employee relations, recruitment, EEO and affirmative action. Among his recent client projects are those for: Baytown, City of, TX Eagle Pass, City of, TX Maricopa County, AZ Corinth, City of, TX Hamilton County, TN Maricopa Housing Auth, AZ Dallas Housing Auth, TX Huntington Beach, CA New Braunfels, City of, TX El Paso, City of, TX Jefferson County Appraisal Dist, TX South Padre Island, TX Mr. Miles holds a BS degree in Business Administration (cum laude) from Central Ohio State University and the designation as Senior Professional in Human Resources (SPHR) by the Society for Human Resources Management. ELIZABETH J. TALAMONTI, CCP Ms. Talamonti has over 25 years of experience as a compensation manager and consultant for public and private employers, specializing in job analysis, salary surveys, and salary plan development. She has served as Compensation Research Associate for Hayes/Hill, Inc., Senior Compensation Analyst for AON Corporation, Compensation Manager for Loyola University, and Project Manager for the American Compensation Association. She has conducted projects in job audits, job descriptions, salary surveys, compensation database management, compensation plan development, compensation training course development, and compensation trend research. Among her consulting projects are: Apache County, AZ El Segundo, City of, CA Sacramento, City of, CA Austin Community College, TX Huntington Beach, City of, CA State Bar of Texas CA Family Health Council Los Alamos County, NM Texas Office of Attorney General El Paso, City of, TX Maricopa County, AZ Windcrest, City of, TX Ms. Talamonti holds a BS degree in Business Administration from Arizona State University. She holds the Certified Compensation Professional (CCP) designation from the American Compensation Association. TPTX PUBLIC SECTOR PERSONNEL CONSULTANTS 3/10 4 KATHERINE TILZER, SPHR Ms. Tilzer has more than 10 years of experience as a human resources manager and consultant, specializing in employee relations, compensation, and recruitment. She has served as Personnel Manager for Laboratory Corporation of America, Director of Human Resources for Plaza Healthcare, Inc., and Director of Human Resources for American Baptist Homes. Aleutian Housing Authority, AK El Paso, City of, TX Pueblo West Metro Dist, CO Boone County, MO Haltom City, City of, TX Rowlett, City of, TX Cochise College, AZ Lake Tahoe College, CA San Marcos, City of, TX Colleyville, City of, TX Pinal County, AZ Tomball, City of, TX She holds a BS degree in Management from the University of Phoenix, and certification as Senior Professional in Human Resources from the Society for Human Resources Management. JUDE WILLIAMS, SPHR Ms. Williams has more than 20 years of experience as a human resources manager and consultant for public employers, specializing in employee development, classification, and compensation. She has served as Assistant Director of Human Resources for HS Healthcare, Regional Human Resources Manager for ManorCare Health Services, and Director of Human Resources for the City of Bettendorf, IA. She has completed projects in job analysis, position classification, compensation surveys and plan development. Among her consulting projects are those for: Austin Community College, TX Austin Housing Authority, TX Cedar Falls Utilities, IA Dallas Housing Authority, TX Kansas City, MO (WSD) Libertyville, Village of, IL Longview, City of, TX Muskego, City of, WI Ogallala, City of, NE Oklahoma City, OK (ZP) Santa Cruz County, AZ Waukee, City of, IA Ms. Williams holds a BS degree in Business Education from the University of Illinois and designation as Professional in Human Resources (PHR) from the Society for Human Resources Management. PUBLIC SECTOR PERSONNEL CONSULTANTS proposes to utilize only full time members of our firm to complete all of the project tasks and objectives. In order to maintain complete control of the project tasks and deadlines, we will not utilize subcontractors for the completion of the project. TPTX PUBLIC SECTOR PERSONNEL CONSULTANTS 3110 5 PROPOSAL TO CONDUCT A COMPENSATION ANALYSIS FOR THE TOWN OF PROSPER CLIENT REFERENCES PUBLIC SECTOR PERSONNEL CONSULTANTS CLIENT REFERENCES Following are agencies similar in structure or services which are representative of the more than 1,000 public employers for whom members of our firm have recently provided job analysis, salary and benefits survey, competitiveness or staffing analysis, and salary and benefit plan development services, similar to those requested by the Town of Prosper. BENBROOK, CITY OF, TX Mr. Andy Wayman City Manager 911 Winscott Road Benbrook, TX 76126 (817) 249-3000 wavmanAcityofbenbrook. com LONGVIEW, CITY OF, TX Ms. Karri Hyko Human Resources Director 300 West Cotton Street Longview, TX 75601 (903) 237-1225 khyko .ci.longview.tx.us Position Classification and FY 2010 Compensation Plan Position Classification and FY 2008 Salary Plan COLLEYVILLE, CITY OF, TX Ms. Kelly Cooper Assistant City Manager 100 Main St. Colleyville, TX 76034 (817) 503-1072 CooPerK(&ci.colIeyville.tx.us Salary Survey and FY 2007 Salary Plan CORINTH, CITY OF, TX Ms. Guadalupe Ruiz Human Resources Manager 3300 Corinth Parkway Corinth, TX 76208 QruizOcityofcorinth.com Position Classification and FY 2009 Salary Plan EL PASO, CITY OF, TX Ms. Joyce Wilson City Administrator 2 Civic Center Plaza El Paso, TX 79901 wilsonjaO.elpasotexas. qov Assistance with Implementation of FY 2007 Salary Plan Position Classification and FY 2001 Salary Plan SAN ANGELO, CITY OF, TX Mr. Tadd Phillips Director of Human Resources 72 West College Avenue San Angelo, TX 76903 Now at (972) 547-7562 (City of McKinney, TX) tphillip _mckinneytexas.ora Position Classification and FY 2008 Salary Plan SOUTHLAKE, CITY OF, TX Mr. Kevin Hugman Director of Human Resources 1400 Main Street Suite 260 Southlake, TX 76092 Now at (940) 761-7404 (City of Wichita Falls) kevin.hugmanO-wichitafalls.gov Assistance with FY 2008 Plan Implementation * TOMBALL, CITY OF, TX Ms. Lisa Coe Director of Human Resources 401 Market Street Tomball, TX 77375 (281) 351-5484 Icoe .ci.tomball.tx.us Position Classification and FY 2009 Salary Plan FY 2006 and FY 2007 Salary Plan Updates Position Classification and FY 2005 Salary Plan * A different consultant performed original study but failed to provide necessary tools for implementation TPTX PUBLIC SECTOR PERSONNEL CONSULTANTS 3/10 6 PROPOSAL TO CONDUCT A COMPENSATION ANALYSIS FOR THE TOWN OF PROSPER PROJECT APPROACH AND METHODOLOGY SUMMARY OF SERVICES FOR THE TOWN PROJECT APPROACH AND METHODOLOGY PUBLIC SECTOR PERSONNEL CONSULTANTS PROJECT UNDERSTANDING: SUMMARY OF SERVICES FOR THE TOWN PUBLIC SECTOR PERSONNEL CONSULTANTS (PSPC) proposes the following program of consulting services and implementation support to achieve all of the objectives stated in the Town's RFP. Project Plannina and Communication 1. Project planning and scheduling meeting with the Town Manager, Town Officials, project designee(s) 2. Policy input and project direction meeting and briefing with the Council, Town Manager, and designee(s) 3. Project briefing presentation for all employees, Town Council, Town Officials, and project leaders 4. Management and employee communication, progress reports throughout all project phases Review of Current Job Descriptions 5. Occupational familiarization by review of Town's current job descriptions and compensation plans 6. Organizational familiarization by review of Town organization charts, budgets, and annual reports 7. Organizational familiarization by one-on-one and small group meetings with Department Heads 8. Confirmation of essential functions for each job classification and for compliance with applicable laws 9. Review of, and recommendations as needed, to validate job description compliance with ADA and EEO 10. Discussions with Department Heads to create linkages between job duties and performance standards Custom and Comprehensive Market Salary / Compensation Surveys 11. Identification of Town's competitive employment areas for compensation surveys, for Town approval 12. Identification of Town occupations to utilize as survey benchmark job classifications - target all 36 13. Solicitation of comparator employers and agencies for participation in external compensation surveys 14. Extraction of data from public employer compensation plans, questionnaires, reliable published surveys 15. Calculation of prevailing rates and add pay offerings by job classification for comparison to Town plan 16. Collection of safety hours worked, PTO, and overtime best practices or prevailing practices information 17. Collection and comparison of medical premium, retirement contribution, PTO, and other benefits data 18. Consolidation of data from all sources and calculation of prevailing rates for benchmark jobs 19. Computation of extent Town's compensation offerings vary from external prevailing rates and practices 20. Review of competitiveness analysis with the Town Manager, Town Officials, Town's project designees Compensation Plan Development and Performance Evaluation System 21. Construction of optional salary range structures for review and selection by Town's project leaders 22. Assignment of job classes to salary ranges by internal equity and external competitiveness 23. Assistance with Town Council identification of desired, affordable salary competitiveness policy 24. Fiscal impact estimates at various levels of external prevailing rates competitiveness policies 25. Review of current performance evaluation systems, tools, plans, forms, plans and processes 26. Development, or assistance with Town staff development, of performance standards for each job 27. Training workshops for Town staff in performance planning, evaluation, and use of performance plan 28. Review and critique of draft salary and implementation plans with the Town Manager, project leaders Communication of Results and Implementation Strateales 29. Preparation and presentation of a final project report for the Town Manager, Council, and Town Officials 30. Development of a plan for the implementation of Town's updated compensation and performance plan 31. Uploading of EZ COMPTm program files on a Town computer and staff training for self-sufficiency 32. Development and provision of process for ongoing plan maintenance and subsequent plan updates 33. Assistance with communicating the Town's updated plans for all Town officials and employees 34. One year compensation and performance plan maintenance assistance at no cost to the Town CPTX PUBLIC SECTOR PERSONNEL CONSULTANTS 3/10 7 PROJECT APPROACH AND METHODOLOGY Following is our overall work plan and approach to achieving the Town's objectives for the conduct of a job description review, salary and benefits surveys, and performance evaluation system study, meeting all of the stated objectives in the RFP. A. OBJECTIVES OF THE PROJECT The recommended plans, programs, systems and administrative procedures will meet these ten most important criteria. - Reflective of Town's Purpose and Values - Reflective of prevailing "best practices" - Internally equitable - Legally compliant & defensible - Externally competitive - Financially responsible - Readily understood - Efficiently administered - Easily updated & maintained - Inclusive of employee input B. SCOPE OF THE PROJECT The project includes a management and employee communication plan; partnership with the Town Manager, Council, and project designee(s); occupational, organizational, and operational familiarization; review of current job descriptions for compliance with ADA, EEO, and applicable state and Federal laws and guidelines; meetings with Town Officials to confirm job description content and discuss linkage to performance evaluation system; internal equity and external competitiveness evaluation; total compensation and benefits survey and competitiveness analysis; salary range recommendations; fiscal impact estimates and multiple implementation scenarios; review and development or modification / improvements to the performance evaluation system including alignment of performance standards to Town goals; updated compensation and performance plan and one year of compensation and performance plan implementation support for approximately 70 employees in 36 job classifications. C. PROJECT METHODOLOGY 1. Quality Assurance To ensure a high quality project, we have built in several layers of procedural and statistical controls, in addition to those already in EZ COMPTM. Internally, we follow a prescribed series of steps in each project phase, which are reviewed by our Project Director. We request that the Town's Project Manager(s) review our work to minimize the chance of errors and to ensure that it reflects the Town's organizational values. 2. Proiect Planning Meetings and Communication Plan Development We will consult with the Town Manager and Town representatives on a communication strategy, plan, and materials, beginning prior to the project and extending to the post -project information meetings. We can conduct group pre -project meetings for all Town officials and employees where we will discuss the project's scope, answer questions, and highlight opportunities for employee and management input. See "Communicating the Project to the Employees" in the Appendices for additional information regarding our approach to employee inclusion and communication. CPTX PUBLIC SECTOR PERSONNEL CONSULTANTS 3/10 8 D. REVIEW OF CURRENT JOB DESCRIPTIONS 1. Review of Essential Tasks — Current Job Descriptions We will review and analyze the current essential tasks, duties and responsibilities, and minimum qualifications of each included position. For any job classifications where a job description does not exist, we can provide a Position Analysis Questionnaire for employee or department completion. 2. Meetings with Town Officials We will meet with Department Heads or designated Town staff to confirm the content and accuracy of the current job descriptions, and to get a clear understanding of (perhaps) the unique nature of the Town's job classifications. This process also ensures that we make all internal and external comparisons on the basis of actual job content and not merely job title. 3. Confirming Job Descriptions We will scrutinize the current job descriptions for ADA/EEO-compliance, standard and consistent formatting, and accuracy of essential task documentation. The descriptions should include (not limited to) the following components: Job Summary — Definition Education, Training and Experience Physical Requirements Distinguishing Characteristics Licenses and Certifications Non -Essential Functions Essential Functions FLSA Exempt/Non-Exempt Status Mental Requirements Desired Knowledge and Skills Supervision Exercise/Received Working Conditions 4. Establishin_g a Linkage Between Job Description Content and Performance Evaluations In our one-on-one and small group discussions with Department Heads, and in our review of current job descriptions, we will confirm the essential functions of each job classification and begin to identify how they relate to performance evaluation standards and measures. We will assist departments with identifying any additional tasks or functions that should be included on the job descriptions in order to fairly uphold performance standards and measures for each job classification and position. 5. Optional Approaches to Ensure Internal Eauihr If desired, and for precision in job class analyses, and subsequent salary range determinations, we may utilize one of several job evaluation systems widely in use, including the Hay Method, Decision Band Method (DBM), and the Factor Evaluation System (FES). FES is the most extensively validated and commonly utilized quantitative job evaluation system for public sector occupations, consisting of the following flexible compensable factors. Knowledge Required Personal Contacts Complexity Supervisory Controls Scope and Effect Work Environment Guidelines Provided Supervision Exercised Physical Demands The job class hierarchy based on job points can be used to reflect the Town's relative internal job worth values. The Town's annual salary competitiveness policy will be translated into a mathematical formula which, when combined with the job points of each Town job class, will determine the proper salary range for each job class and position. This balances internal equity (job points relationships) with external competitiveness (market relationship formula). CPTX PUBLIC SECTOR PERSONNEL CONSULTANTS 3/10 9 E. SURVEYS AND COMPENSATION PLAN 1. Town Involvement in Compensation Plan Development We will obtain policy direction from the Town Manager, Town Council and Town Officials on the following key components of the salary plan development process: - Comparator Employer Selection - Benchmark Job Class Selection - Compensation Competitiveness Policy - Salary Structure Selection 2. Comprehensive Compensation Survey - Job Evaluation Method -Salary Plan Linkage - Draft Compensation Plan Review / Critique - Total Compensation Points for Analysis - Project Implementation Plan We do not subscribe to or recommend the use of databases or data warehouses used or hosted by other firms! We will collect the complete pay plans from each of the Town's comparators and build a custom survey database to ensure accuracy and completeness, unique to the Town's iob classifications. a. Data Collection Protocol will be developed in consultation with the Town's project leaders to determine which salary data elements to include, such as: Base Salary Information Salary grade/step or open range salary plan structure Salary range structure Minimum, Midpoint, and Maximum - Method of salary administration — longevity, merit, or skill Additional Compensation Information - Supplemental pay items for special qualifications/certifications - Individual or group incentive plans, bonus, awards, stipends - PTO, significant Town -paid benefits, overtime practices, etc - Any additional add -pay or benefits items at Town's direction b. Benchmark Job Selection will be made by identifying Town job classes common to its employment -competitive public and private employers in the immediate area and throughout the Metroplex, region or State, clearly identifiable, and representative of standard occupational job groups. c. Comparator Employers Identification will be made in consultation with the Town's Project Manager(s) and Town Manager. Criteria include their degree of competition to the Town in obtaining and retaining high quality staff, their location in the Town's traditional recruitment areas, and their organizational size and complexity. d. Compensation Data Collection will be made by one or more of the following methods. - Pre -survey contact with the selected comparator employers to solicit participation in the Town's compensation survey(s) - Extraction from the pay plans of designated public employers. - Customized salary and additional total compensation and benefits survey requests for local governments and other public and private employers, distributed by mail, fax, and e-mail. - As desired, additional data extraction from established salary surveys and commercial survey sources such as Watson Wyatt, ERI, American Water Works Association, etc. e. Data Quality Control includes editing data for accuracy and proper matching to the Town's survey benchmark jobs, and phone/fax/E-mail follow-ups for data clarification and to obtain comparators' benchmark job descriptions. CPTX PUBLIC SECTOR PERSONNEL CONSULTANTS 3/10 10 3. Prevailing Rates Calculation We will consolidate the compensation data from all sources, enter the information into the EZ COMPTM program, and compute the prevailing rates, inclusive of cost of living differentials, as the statistical mean of the survey data for each benchmark job class. Data will be projected forward from the date of collection to a common date relating to the Town's salary plan year by the annual Prevailing Rate Increase Factor (PRI) applicable at that time. 4. Compensation Competitiveness Comparison We will provide the Town with charts comparing its current salary structures to those of the selected public and private comparator employers. We will calculate the extent that the Town's offerings vary from the prevailing rates and practices of other relevant employers. 5. Compensation Competitiveness Policv We will assist the Town to select a compensation competitiveness policy which best fits its compensation strategy and financial resources, by providing fiscal impact estimates at various percentage relationships to the prevailing rates. 6. Salary Plan Structure Development We will review the Town's current employee agreements and wage plans and 1) utilize the Town's current wage plan structures to identify internally equitable and externally competitive salary ranges for each Town job class or 2) prepare alternative salary range structures and schedules for the Town and the Mayor to select the best fit for its competitiveness strategy, with these optional criteria: - Method of administration, i.e.: measured job performance, longevity, or skill - Width of the salary ranges, grades, or broad bands, from Minimum to Maximum - Varying salary range widths for FLSA non-exempt or exempt positions - Open salary ranges for pay -for -performance or variable compensation plan - If steps within the salary ranges, number of steps, percentage separation - Number of salary ranges, grades, or broad bands in the salary schedule - Percentage of separation between salary ranges, grades or broad bands - Recognition for longevity, unique assignments, and special skill requirements - Remuneration for required special licenses, certifications and registrations - Linkage of performance evaluations to merit increase opportunities 7. Salary Range Assignment Development We will assign each job classification to a salary range in the Town's current or selected new salary structure on the basis of a combination of factors, including: - the prevailing rates for the benchmark job classes - its current relationship to similar or occupationally related job classes - the 15% guideline for salary range separation between sequential job classes - the 25% guideline for salary separation of a department head job class - its quantitative evaluated internal job worth value (job evaluation points) 8. Implementation Plan Development We will consult with the Personnel Staff and Project Team or Committee on a plan for transition to the recommended plan, including a timetable for the principal activities, employee communication, impact on bargaining processes, and estimates of required financial resources. CPTX PUBLIC SECTOR PERSONNEL CONSULTANTS 3/10 11 F. PERFORMANCE EVALUATION SYSTEM DEVELOPMENT OR IMPROVEMENT We will conduct a review of the Town's current job performance evaluation or appraisal system(s), and provide the Town with our recommendations regarding retention, revision, or replacement of all or components of the plan. Data will be obtained by our review of the documentation, comments and suggestions obtained during focus group discussions, and a comparison to "best practices" systems. Among the criteria we will utilize during our evaluation are the following. "Does the current system: — adequately distinguish between various levels of job performance, — have the confidence of the employees that the system is fairly applied, — focus on occupation -specific job performance and achievement criteria, — specify clear, reasonable, achievable, and measurable job objectives, — maximize the use of objective and observable performance standards, — minimize subjective supervisory input, universal criteria, or behavioral traits, — include employee participation in the establishment of goals for their position, — require individual annual job performance plans at the start of the rating year, — include performance planning, coaching, and remedial activities by supervisors, — provide sufficient training for supervisors in performance evaluation skills" 1. Changes to System - Participation in Customization by Town. Officials We will conduct focus group discussions on the Town's current performance evaluation system, tools, plans, and training with Senior Staff and Project Team, to obtain their input as to how this system needs to reflect the nature, scope, and complexity of the Town's occupational job classes, its values and mission, and the Town's work standards philosophy. We will partner with supervisors and managers to update and/or create performance standards as they relate to the job descriptions, and provide a process to review the standards developed by departments and managers to ensure the effectiveness of the plan and system going forward. 2. Procedure Manuals and Forms We can provide all of the needed supervisory handbooks and forms for performance management planning and evaluation, customized for the Town. We may utilize all or portions of our Achievement Evaluation Program, AEPTM, to create a program responsive to the Town's project goals. 3. Supervisory Training Workshops We can conduct a series of Y2 day workshops to train the Town, Senior Staff, and supervisors in the basics of performance plan development for their own and subordinate positions by partnering with management. Principal components of the workshops include: - Counseling of employees on their job strengths and potential for improvement - Identifying job end results that are to be accomplished - from job descriptions - Weighting the primary job achievement factors by their relative importance - Determining clear, reasonable, achievable, and measurable achievement goals - Establishing objective achievement measures by which to evaluate performance - Constructing a job performance evaluation scale for levels of achievement - Evaluating actual job performance by comparison to the achievement goals - Conducting the periodic performance achievement evaluation review meeting CPTX PUBLIC SECTOR PERSONNEL CONSULTANTS 3/10 12 4. Quality Assurance Reviews We will provide a written critique of a sample of the initial performance measures and standards developed by the supervisors for their own or one of their subordinate positions. Alternatively, we will prepare performance standards and measures for the Town's and respective departments' or divisions' for their review and critique. 5. Linkinv Performance to Pay and Incentives We will develop merit increase guides and other methods of salary administration to allow the Town to select the best approach to rewarding performance and that reflect the goals and objectives of the performance evaluation system, including incentive and bonus concepts that allow for one time lump sum performance rewards and incentives. G. FINAL REPORTS AND PRESENTATIONS 1. Draft and Final Report Preparation We will provide the Town's project leader(s) with a draft of our report for review and critique, including the classification plan, FLSA designations, compensation market data, salary comparison tables, fiscal estimates, salary range listings, and implementation procedures. We will incorporate their critique into the development of a final report summarizing the project's findings, recommendations, and detailed description of the Town's updated position classification and compensation plans. 2. Final Report Presentations We will conduct a workshop or formal presentation of our final report and recommendations to the Mayor, Town Officials, employees and employee representatives. 3. EZ COMPTM Program Installation We will install our EZ COMPTm program and project files on one of the Personnel / Finance Department's computers and provide training to key staff in the maintenance and update of the classification and compensation plan. Please see the illustrative EZ COMPTm applications CD-ROM on the inside front cover of this proposal, and the program description booklet in the Appendix. 4. Implementation Warranty To ensure effective implementation of the new plan, we will analyze, evaluate, and provide a salary range recommendation for any new or changed job class, at no cost to the Town for one year. H. ENSURING THE TOWN'S SELF-SUFFICIENCY The Town will be self-sufficient in all aspects of maintenance of the updated and compensation and performance plans through these services. 1. Procedure Manuals - PSPC Position Classification Procedure Guide - PSPC Salary Administration Procedure Guide - Town of Prosper EZ COMPTm Procedure Guide CPTX PUBLIC SECTOR PERSONNEL CONSULTANTS 3/10 13 2. Trainina Workshop— for Town staff in position classification (as desired), job evaluation, compensation surveys, performance management, and compensation plan design and administration. 3. EZ COMPTM — program and project files on one of the Town's computers, a custom user's manual, and system training for key Town and Personnel staff. 4. Initial Year's Implementation Warranty Support — we will analyze, evaluate, classify, and provide a salary range recommendation for any new or changed position or entire job classification, at no cost to the Town for one year. I. EXTENSIVE EMPLOYEE INCLUSION AND COMMUNICATION Very important factors for successful implementation of new or updated compensation and performance plans are 1) extensive employee inclusion, and 2) extensive employee communication. Town officials and employees will participate in one or more of the following activities: - Attending pre- and post -project briefings and question and answer sessions - Completing a Position Analysis Questionnaire (PAQ) describing their position (if needed) - Receiving information pamphlet/booklet describing the updated salary and performance plan J. MINIMAL TOWN SUPPORT REQUIRED We are completely self-sufficient in projects of this nature and do not require any substantive staff support from the Town other than payroll data, and arrangements for group and individual meetings and interviews. We appreciate, but do not require, any office space, telephone, clerical assistance, computers, or office equipment. We will provide all data entry, data processing, duplicating, and related report preparation functions. CPTX PUBLIC SECTOR PERSONNEL CONSULTANTS 3/10 14 PROPOSAL TO CONDUCT A COMPENSATION ANALYSIS FOR THE TOWN OF PROSPER PROJECT TIMELINE ELAPSED PROJECT TIME CHART - GANTT CHART PUBLIC SECTOR PERSONNEL CONSULTANTS ESTIMATED PROJECT ELAPSED TIME CHART TASK NAME ELAPSED WEEKS: 1-2 34 5-6 74 9 1. PROJECT COMMUNICATION, QUALITY ASSURANCE, PROJECT STATUS REPORTS 2. PROJECT PLANNING MEETINGS W/ TOWN; ORGANIZATIONAL DATA REVIEW AND BECOMING FAMILIAR WITH ORGANIZATION CONFIRMATION OF SURVEY SOURCES 3. AND SOLICITATION OF COMPARATORS; COLLECTION AND TABULATION OF DATA PREVAILING RATES CALCULATIONS; 4. COMPARISON OF CURRENT TOTAL COMP TO MARKET PRACTICES AND VALUES DRAFT REVIEW WITH TOWN, INCORPORATE 5. FEEDBACK FROM MEETINGS WITH STAFF; PERFORMANCE EVAL PLAN 3 TRAINING PRESENTATIONS OF FINDINGS AND 6. RECOMMENDATIONS TO STAFF, COUNCIL, AND PROJECT DESIGNEE(S) * Progress reviews with Staff / Designee(s) TPTX PUBLIC SECTOR PERSONNEL CONSULTANTS 3/10 15 PROPOSAL TO CONDUCT A COMPENSATION ANALYSIS FOR THE TOWN OF PROSPER PROJECT COST ESTIMATE PUBLIC SECTOR PERSONNEL CONSULTANTS PROJECT COST ESTIMATE A. PROJECT COST ESTIMATE Bidder bears all expenses. We estimate that the project's total cost, including all fees for professional services, will not exceed the indicated amount. Full Project Cost The project includes a management and employee communication plan; partnership with the Town Manager, Council, and project designee(s); occupational, organizational, and operational familiarization; review of current job descriptions for compliance with ADA, EEO, and applicable state and Federal laws and guidelines; meetings with Town Officials to confirm job description content and discuss linkage to performance evaluation system; internal equity and external competitiveness $15,000 , evaluation; total compensation and benefits survey and competitiveness analysis; salary range recommendations; fiscal impact estimates and multiple implementation scenarios; review and development or modification / improvements to the performance evaluation system; updated compensation plan and one year of compensation plan implementation support for approximately 70 employees in 36 job classifications. Breakdown Per Task - Review Job Descriptions and Meetings with Town Officials $ 3,000 - Salary and Benefits Survey and Compensation Plan / Salary Ranges $ 5,000 - Performance Evaluation System — PSPC Designs All Components $ 3,500' - Draft Reviews and Performance Training Meetings $ 2,000 - Final Reports and Presentations $1,500 1 — Alternatively, we can coach the Town's supervisors and managers to develop performance standards and measures, reduce PSPC's role to coaching and mentoring, and reduce the project cost by $2,500. B. FLEXIBLE WORK PLAN, NEGOTIABLE TOTAL COST, TERMS Our work plan is flexible and total project cost negotiable, and we will discuss, modify, add or delete, any work task to increase the project's responsiveness to the Town's needs and financial resources. We do not require any advance payments, and will provide the Town with monthly invoices for the professional services provided and out-of-pocket expenses incurred during the month. We request that the Town pay the invoices within thirty (30) days of their receipt. TPTX PUBLIC SECTOR PERSONNEL CONSULTANTS 3/10 16 1:3w.,121C1 TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER, TO ENTER INTO A CONTRACT WITH PUBLIC SECTOR PERSONNEL CONSULTANTS TO PERFORM A COMPREHENSIVE COMPENSATION ANALYSIS FOR 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 contract with Public Sector Personnel Consultants to perform a comprehensive compensation analysis for the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 13"' day of April, 2010 Ray Smith, Mayor Pro -Term ATTEST TO: Matthew Denton, Town Secretary