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05.25.2010 Town Council Packet1. 2. 3. 4. ISPER OWN OF Call to Order / Roll Call. Invocation and Pledge of Allegiance. AGENDA Regular Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, May 25, 2010 at 6:00 p.m. Announcements of dates and times of upcoming community events. Administer Oath and Issuance of Certificate of Election to Dave Benefield, Councilmember Place 1. (MD) 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. (MID) May 11, 2010 —Town Council Meeting May 17, 2010 — Special Town Council Meeting ORDINANCES, RESOLUTIONS. AND AGREEMENTS b. 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) C. Consider and act upon an Interlocal Agreement between the Town of Prosper and the City of Frisco for a deputy court clerk to cover court services for the Court Administrator for out of town training and vacation needs. (AL) d. Consider and act upon a resolution appointing the Municipal Judge. (AL) e. Consider and act upon a request from Justin Kouba to permit a variance to the Town's Noise Ordinance No. 06-47, allowing for the use of loudspeakers and sound amplifiers from 6 p.m. to 9 p.m. on Wednesday, May 26, 2010 at 208 W. Broadway at Prestonwood Baptist North during the Summer Bash. (GMn FINANCIALS f. Consider and act upon the financial statements ending April 30, 2010. (MG) Page 1 of 2 CITIZEN'S COMMENTS (The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda Please complete a "Public Comments Form" and present it to the Town Secretary prior to the meeting.) 6. Other Comments by the Public. 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 7. Consider and act upon the appointment of a Mayor Pro -Tern and Deputy Mayor Pro-Tem. (MD) 8. Consider and act upon a request to reestablish residential nonconforming rights at 209 South Church Street, pursuant to Chapter 1, Section 7 of the Zoning Ordinance. (WS) 9. Consider and act upon approving the purchase of 23.140 acres of real property from the Prosper Independent School District (PISD) for the extension of the Community Park and authorizing the Town Manager to execute any and all documents necessary for the purchase thereof. (HW) 10. Discuss and appoint members of the Council to the Finance, Utility, and Economic Development Committees. (MIL) EXECUTIVE SESSION 11. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code to wit: Section 551.074 to deliberate regarding personnel matters. 12. Reconvene into regular session and take any action necessary as a result of the closed session. 13. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 14. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted by the following date and time: Friday, A250 p.m. and remained osted at least 72 hours before said `10014 H j fffined. �� OF PR�S,o�°� ve ••...•••. p : '% nton, TRMCmDate Noticed Removed town Secretary v In addition to any specifically identified Executive Sessions, Cou eil ma% convene into Executive Sesrn under Section 551 of the Texas Government Code at any point during the open meeting to discuss �y item posted on this ageda. Tq"en Meetings Act provides specific exceptions that require that a meeting be open. Should Council elecE conAW into Executive Sessi %, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Execute Session,•#AW-WtXen ank%%orded in open session. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town # w wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as # erpreters 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) 347-2I11. BRAILLE IS NOT AVAILABLE. Page 2 of 2 ISPER OWN OF 1. Call to Order / Roll Call. The meeting was called to order at 6:04 p.m. Roll call was taken by Mayor Pro -Tern Smith. Council present included: Mayor Pro -Tern Ray Smith, Turley, David Vestal, Meigs Miller, and Danny Wilson. MINUTES Regular Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, May 11, 2010 at 6:00 p.m. Pro -Tern Kenneth Dugger, Dave Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; Dan Tolleson, Executive Director of Economic DevelopmentChris Copple,enior Planner; Matthew Garrett, Finance Director; and Matthew Denton, Town Secretory. 2. Invocation and Pledge of Allegiance. The invocation was given by Pastor Mayor Pro -Tern Smith led the Pledge of Announcements Mayor Pro -Tern Smith Prosper. Mike La meeting Mike Land CONSENT AGENDA Consent Agenda MINUTES years of service to the Town of held May 15, 2010 from 9 a.m. to 12 p.m. on Wednesday, May 19, 2010 at 6:30 p.m. a. Consider and act upon minutes from the following Council meetings. (MD) • April 27, 2010 — Town Council Meeting • May 4, 2010 — Special Town Council Meeting ORDINANCES, RESOLUTIONS, AND AGREEMENTS Page 1 of 3 b. Consider and act upon an ordinance rezoning 1.1± acres, located on the south side of the Prosper Trail, 500f feet west of Preston Road, from Commercial (C) to Planned Development - Retail (PD-R). (Z10-0001). (CC) C. Consider and act on a resolution approving the comparator municipalities for the Town of Prosper Comprehensive Compensation Analysis. (ML) Motioned by Deputy Mayor Pro-Tem Smith, seconded by Councilmember Miller to approve the consent agenda. Motion approved 5-0. CITIZEN'S COMMENTS 5. Other Comments by the Public. REGULAR AGENDA PUBLIC HEARINGS 6. Presentation of service plan and second pullii of a 240.51f acre tract of land located on them 70.132t acre tract of land located on the nc Legacy Drive, a 377.145f acre-Llfr ct,00f land Road, a 5.149f acre tract of lanaflloca0d own the Hope Road, a 0.538f acre tract of land' IocatE west of Gee Road, a 1.346f acre tract of land west of Gee Road,>a85acre tract of land west of Gee RoaNE d;''W-51.53, acre tract of Ian north of U.S. 38 * and a 836.55 4f acre tract o: of Parvin Road =%,.vest of Good Hope Road hearing to consider tli-Qnvoluntary annexation r, beast c6rrner of U.S. 380 and Teel Parkway, a Rside' of� Fishtrap Road�700f feet west of kn�. sated west Legacy Drive and south of Parvin southeast corner of Fishtrap Road and Good 500f feet south of Fishtrap Road, 1,300f feet Wed on the north side of U.S. 380, 1,500f feet �� atedb 800f ROnorth of U.S. 380, 2,300f feet foc�ated. onj a east side of FM 1385, 800f feet ind located on the east side of FM 1385, south (CC) Chris Copple,,u§en or Planner, gav§jcc6@u 6il1 background inwformation on this item. by Councilmember Wilson to open the public hearing. Motion approved 5-0. Mayor Pro-Tem Smith opened thepublic heariff§1at 6:15 p.m. John Noles, 14023 NolesSRd., spokeagainst the annexations. Mark Carey, 15080 Parvin Road;poke against the annexations. Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Councilmember Miller to close the public hearing. Motion approved 5-0. Mayor Pro-Tem Smith closed the public hearing at 6:28 p.m. DEPARTMENT ITEMS 7. Consider and act upon 1) an award of bid to Weir Brothers, Inc.,2) enter into a contract agreement with Weir Brothers, Inc., regarding the construction services for the First Street Page 2 of 3 and Coit Road Improvements and 2) adopt a resolution authorizing the Town Manager to execute the same. (MB) Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Councilmember Vestal to table item 7. Motion approved 5-0. 8. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 9. Adjourn. Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Councilmember Miller to adjourn. Motion approved 5-0. Mayor Pro-Tem Smith adjourned the meeting at 6:30 p.m.' Attest: Matthem Town SE Removed Page 3 of 3 ISPER OWN OF 1. Call to Order / Roll Call. The meeting was called to order at 6:03 p.m. Roll call was taken by Matthew Denton, Town Secretary. Council present included: Mayor Ray Smith, Deputy Danny Wilson, and Jason Dixon. MINUTES Special Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Monday, May 17, 2010 at 6:00 p.m. Kenneth Dugger, Meigs Miller, Staff present included: Mike Land, Town Manager; aren Gill, Assistant to the Town Manager; Amy Lightfoot, Court Clerk; Matthew Garrett, Finance Directoand Matthew Denton, Town Secretary. 2. Consider and act upon an ordinance to receive and accept as true and, correct the Canvassed voting results for he General and Special-lections helld�on May 8, Of0 as presented by the Town Secretary and hereby declare the resulWof the election beset forth iu5:an ordinance and that said ordinance should be adopted. (MD) Motioned by Deputy Mayor Pro -Tern Du; election to be set forth in an ordinance and Motion approved 5-0. �tx, 3. Administer Oa Matthew Denton, Town councilmembers y, Sr a 4. Adjourn. 1°%�r..b Motioned bytD'eputy M. Motion approve .1. 6-1. Mayor Smith adjouffled. Attest: Matthew D. Denton, TRMC Town Secretary shou Miller to accept the results of the Councilmembers. (MD) Office and Certificate of Election to newly elected y Councilmember Wilson to adjourn. Ray Smith, Mayor Page 1 of 1 PISPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Chris Copple, AICP, Senior Planner PLANNING Agenda Item No. 51b Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — May 25, 2010 Date: May 19, 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 plans and/or preliminary site plans acted on by the Planning & Zoning Commission at their May 18, 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 Bell Addition, Block A, Lot 1, on 0.5t acre, located on the southeast corner of Coleman Street and First Street, approved by a vote of 5-0. 2. Preliminary site plan of Saddle Creek Commercial, on 15.0t acres, located on the northwest corner of Preston Road and Prosper Trail, approved by a vote of 5-0. 3. Preliminary site plan of Legacy Pointe Retail Center, on 22.3t acres, located on the northwest corner of Legacy Drive and Fishtrap Road, approved by a vote of 5-0. Town Staff Recommendation: Town staff recommends the Town Council take no action. Agenda Item No. 5b - Page 1 of 1 SITE PLAN NOTES Any revision to this plan will require town approval and will require revisions to any corresponding plops to avoid conflicts between plans. 1) Dumpsters and trash compoclors shall be screened In occordonce with the Comprehensive Zoning Ordinance. 2) Open storage, where permitted, shall be screened in occmdonce with the Comprehensive Zoning Ordinance. 3) Outdoor lighting sholl comply with the lighting and giore standards contained within the Comprehensive Zoning Ordinance and Subdivision Regulation Ordinance. 4) Landscaping shall conform to landscape plans opprowd by the town. 5) All al -bons shall comply with the Comprehensive Zoning Ordinance requirements. 6) Buildings of 5.000 square feel or greater shall be 100" fire sprinkled. Altemalive fire protection measures may be opprowd by the Fire Department. 7) Fire Imes shoal be designed and constructed per town standards or as directed by the Fira Department. 8) Two points of access sholl be maintained for the properly at ail time 3. 9) Speed bumps/humps are not permitted within a fire lane. 10) Handicapped parking areas and building accessibility sholl cofform to the Americans with Disabilities Act (ADA) and with the requirements of the current. adopted Uniform Building Code. If) NI signoge is subject to Building Official opprowi. 12) All fences and retaining wolfs shall be shown on the site plan and we subject to Building Official approval. 13) All exterior building materials are subject to Building Official approval. 14) Sidewalks of not less than six (6) feel in width and barrier free romps at all cum crossings shall be Provided per Town standard.. IS) Approval of the site plan is not final until all engineering pions ore oppraved. 15) Site plan approval is required prior to grading ralaa 17) All new electrical lines shall be installed and/or relocated underground. 18) Shared parking ogreemenl must be food with Town prior to any final site plans with shored parking approved by Town. SITE DATA SUMMARY LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 TOTAL 1. 20HING: PO PO PO PD PD PD PD 2. PROPOSED USE: BANK RESTAURANT OFFICE/RETAIL OFFICE RESTAUIIART RESTAURANT 3. PROJECT AREA 1.2 AG LO AC L9 AC 7.2 AC 1.1 AC 1.5 AC 14.9 AC 54,209 SF 84125 SF 84.095 SF 311,921 SF 46.762 SF 64,750 SF 549,762 SF 4. BUILDING AREA 4,338 SF 7,500 SF 23.690 SF 99,200 SF 5975 SF 7,500 SF 147.193 SF (AT90eY gMAW/ (A3W a NAW/ um: Nesv 5. BUILQNG HEIGHT MAX ULU` MAx 300' MAX 30.0' MAX 30.6-4O.D 11" 30.0 MAX 30.0 MAX 30.0-00' 5. LOT COVERAGE LOx S5% 2S2x 25.101 12.OX 11.6x max 7. ROOR AREA RATIO 0.0W, 0.0951 0.2a2:1 0.3151 0.125:1 0.115:1 a227:1 S. TOTAL PAA-G REQUIRED 19 1so 79 Till 90 100 659 (250.1) (75.1) (3w.q (350:1) (75:1) (75:1) VARES 9. TOTAL PARKING PROMDEO 37• 49• 94. 410• so. 59' on - Ill. TOTAL HANDICAP REWIRED 2 A 4 9 A 4 27 11. TOTAL HANDICAP PROVIDED 2 4 6 16 4 4 36 MM' NANOKAP PARKING 5 PROVDED IN ACCORDANCE few AD.A. STANDARDS IL INTERIOR LANDSCAPE REWIRED 555 SF 755 SF 1.260 SF 5.150 SF 900 5F 995 SF IO515 SF 13. INTERIOR LANDSCAPE PROVIDED 2,650 5F L215 SF 3.471 SF 7.10 7 1.750 SF 1.675 SF Iglan SF 14. SQUARE FOOTAGE OF IMPERMQUS SURFACE 34.252 SF 41.120 SF 61995 SF 220.965 SF 34.699 SF 34.136 W 429.116 SF 15. OPEN SPACE REQUIRED (7x OF NET AREA) 3.725 7 5,159 SF 5.967 SF 21.527 SF 3.273 SF 4,51T SF 45.493 SF 15. OPEN SPACE PROVIDED ILBSO SF (23.7 7.650 5F (67x) 1D.550 SF (1 25,295 SF (9.Ix) 5.200 SF (113%) 7.500 SF (11.5X) 60.035 S (9.2AJ 'GROSS PARKING AGREEMENT' LOTS 1-6 (SEE NOTE 18) 6 OFFICE/RETAIL LOTS - 15.DDO ACRES PRELIMINARY SITE PLAN SADDLE CREEK COMMERCIAL AN ADDITION TO THE TOWN OF PROSPER S. RICE SURVEY -ABSTRACT NU. 767 CoLLN COUNTY, lEXAS APRIL 14. 2010 SCALE: l'-O' OWNER SADDLE CREEK INVESTMENTS, LTD. BOW ON1AS PARKWAY SUITE 780 (972)BOB-5368 PIANO, TEXAS 75024 OWNER - LOT 1 VIEWPOINT BANK 1309 W. 15th STREET SUITE 320 (972)758-1570 PIANO, TEXAS 75075 ENGINEER/SURVEYOR WWDEY, ANDERSON & ASSOCIATES, INC S2Sft Owk h%5d*X0� T=)g)7T 17 14M An ¢rmu I n ■' -' E �C sn+i 6�:',s°?w'-_'x31:f5Wi::"G:'r� e..9�.`.' r t: 1;1 R -► • r = N r��.:'► r�Er �� ro i.ti � �� n1 ■ l51 C•1 I AtlLt t t4-IQIAL AST FOOD � LNN Asanvn ,uu -- - waw VICINITY MAP bllntMws RRfDITA¢ 31.{X MOT ro 9ONE +1 OuerrrM NwYUMYnWwvrYn YaYa ap D OM MoOe.Mwrrr.nY WwawrMn,vasw.up ONw MNw.wb.wpVrue M.,pww rune I nMW,q pw „uwY wpr.. N,ueIrN,RWwiY. R a�w !W GYe Ya.,,a,awYW re„p ec ,`� i q LAAMYAYReerrgr rrpwWYtbRpgNiYl Ap,MIWp VpOYrpwr.rwwM.ewpn. 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K s Prosper Municipal Court Agenda Item No. 5c To: Mayor and Town Council From: Amy Lightfoot, Municipal Court Re: Prosper Town Council Meeting — May 25, 2010 Date: May 18, 2010 Agenda Item: Consider and act upon an Interlocal Agreement between the Town of Prosper and the City of Frisco for a deputy court clerk to cover court services for the Court Administrator for out of town training and vacation needs. Description of Agenda Item (i.e. background information and history, alternatives, and consequences): The municipal court has one employee. The court offices close for training and for vacation with no coverage. The City of Frisco uses the same court software and their clerks are trained through the same education center as the Town of Prosper and would be able to cover the court during times when the Court Administrator has to be out of Town or away for training. This would be on an as needed basis and part of a contract between the Town of Prosper and the City of Frisco. Budget Impact: Contract fees have not been assessed yet. Legal Obligations and Review: The agreement has been reviewed by Town Manager, Court Administrator for the Town of Prosper and the Finance Manager for the City of Frisco. Attached Documents: Proposed Interlocal Agreement Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council approve the ordinance Agenda Item No. 5c EXHIBIT "A" TO RESOLUTION NO. INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF FRISCO AND TOWN OF PROSPER (Municipal Court Administrator Services) THIS AGREEMENT is made and entered into by the City of Frisco, Texas, a home rule municipal corporation organized and existing under laws of the State of Texas, hereinafter referred to as ("Frisco") and the Town of Prosper, Texas, a home rule municipal corporation organized and existing under the law of the State of Texas, hereinafter referred to as ("Prosper"). WHEREAS, Prosper desires to hire a temporary replacement for its municipal court administrator while he/she is on vacation; and WHEREAS, Frisco currently employs a deputy court clerk ("Court Clerk") who is capable of performing municipal court administrator functions; and WHEREAS, Frisco desires to maintain the employment of the Court Clerk and further desires to subcontract the services of this individual to Prosper for the purpose of temporarily fulfilling the duties of Prosper's municipal court administrator; and WHEREAS, Frisco and Prosper desire to enter into this Agreement under the authority and subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act; and WHEREAS, each party hereto is capable of performing the services provided for herein, and each party paying for the performance of governmental functions or services is making those payments from current revenues available to the paying party and all payments are in an amount that fairly compensates the performing party for the services or functions performed under this Agreement. NOW, THEREFORE, it is mutually agreed by the parties hereto as follows: I. Term. The term of this Agreement shall commence from May 18, 2010 and shall terminate either on December 31, 2011, or at the time when Prosper employs and trains their own Court Clerk to assist their municipal court administrator, which ever occurs first (the "Term"). II. Employment of the Court Clerk. Frisco currently employs the Court Clerk as a full time employee. Frisco will subcontract the services of its Court Clerk to Prosper. The Court Clerk shall perform the functions and duties specified in Exhibit "1 ", which is attached hereto and made a part of this Agreement and any other duties and functions as the Frisco City Manager shall from time -to -time assign, or cause to be assigned. Nothing herein shall be construed as creating the relationship of employer and employee, or principal and agent, between the Court Clerk and Prosper, or any of Prosper's agents or employees. Interlocal Agreement for Municipal Court Administrator Services Page 1 573902.v3 EXHIBIT "A" TO RESOLUTION NO. III. Schedule of Court Clerk. The work schedule for the Court Clerk shall be Monday -Friday 8 a.m.- 5 p.m. The Court Clerk will be permitted to take a one hour lunch break each day. IV. Supervision of the Court Clerk. The Court Clerk shall be employed solely by Frisco and will report directly to Frisco's City Manager, or his designee. Frisco will be solely responsible for any disciplinary action taken against the Court Clerk, including without limitation, termination. In the event Prosper experiences any problems, difficulties and/or issues with the Court Clerk, the Town Manager will notify Frisco's City Manager. Once Frisco's City Manager receives notice form the Town Manager under this Paragraph, Frisco's City Manager will consult with the Town Manager and take any action and/or cause any action to be taken against the Court Clerk as deemed necessary by Frisco's City Manager in his/her sole discretion. Any action taken, by Frisco's City Manager will be in accordance with applicable law, Frisco's policies, and any contract between the Court Clerk and Frisco. Such action shall be final. Should the Town Manager disagree with any action taken by Frisco's City Manager pursuant to this Paragraph, the Town Manager may terminate this Agreement in accordance with Paragraph VI below. V. Payment for Services. On or before the 1st day of each month during the Term of this Agreement, Prosper shall pay Frisco $ ("Payment"), as consideration for the services performed by the Court Clerk as described herein. If this Agreement is terminated mid -month in accordance with Paragraph VI below, the Payment shall be prorated for those days of service received by Prosper. VI. Termination. This Agreement may be terminated in whole or in part by Frisco or Prosper upon thirty (30) days written notice. VII. Notice. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, when deposited in the United States Mail, postage pre -paid, certified mail, return receipt requested, addressed to either party, as the case may be, at the addresses contained below: For Frisco: George A. Purefoy, City Manager City of Frisco 6101 Frisco Square Blvd. Frisco, Texas 75034 For Prosper: Mike Land, Town Manager Town of Prosper PO Box 307 Prosper, Texas 75078 Vill. Venue. The covenants, conditions and terms hereof are to be construed under the laws of the State of Texas and are performable by all parties in Collin County, Interlocal Agreement for Municipal Court Administrator Services Page 2 573902A EXHIBIT "A" TO RESOLUTION NO. Texas. The parties mutually agree that venue for any obligation arising from this Agreement shall lie in Collin County, Texas. IX. Amendments. This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms of their agreement. This Agreement can be modified only by writing signed by both of the parties or their duly authorized agents. X. Sovereign Immunity. This Agreement is not intended to extend the liability of the parties beyond that provided by law. Neither Frisco nor Prosper waives, nor shall be deemed hereby to waive, any immunity of defense that would otherwise be available to it against claims arising by third parties. XI. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. XII. Authority to Execute. The undersigned officers 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 and each party hereby certifies to the other that any and all necessary resolutions extending said authority have been duly passed and are now in full force and effect. XIII. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. EXECUTED in triplicate originals on this day of , 2010. Prosper Frisco Town of Prosper, Texas City of Frisco, Texas 0 Mike Land, Town Manager ATTEST: Matt Denton, Town Secretary 0 George A. Purefoy, City Manager ATTEST: Jenny Page, City Secretary Interlocal Agreement for Municipal Court Administrator Services Page 3 573902A I WAC11 119VWlfel i��elX11I[ORNV,I ea Exhibit 1 Duties of Court Clerk Interlocal Agreement for Municipal Court Administrator Services Page 4 573902.0 TOWN OF PROSPER, TEXAS RESOLUTION NO.10- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A SERVICE AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS AND EVEREST FINANCIAL GROUP 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 Intedocal Agreement between the Town of Prosper, Texas and City of Frisco. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 25th Day of May, 2010 Ray Smith, Mayor ATTEST TO: Matthew D. Denton, Town Secretary i P TOWN SPER To: Mayor and Town Council From: Amy Lightfoot, Court Clerk Cc: Mike Land, Town Manager Administration Agenda Item No. 5d Re: Prosper Town Council Meeting — May 25, 2010 Date: May 17, 2010 Agenda Item: Consider and act upon a resolution appointing the Municipal Judge. Description of Agenda Item: The Town Charter requires the Town Council to appoint by the affirmative vote of a majority of the full membership of the Town Council such Municipal Judges of the Municipal Court as may be necessary. The Municipal Judge(s) of the Municipal Court(s) shall be appointed to a term of two (2) years and may be appointed to additional consecutive terms upon completion of his/her/their term(s) of office. The appointment of the Municipal Judge(s) may be terminated at any time by the affirmative vote of a majority of the full membership of the Town Council. The Municipal Judge(s) shall receive compensation as may be determined by the Town Council. Judge David Moore has been the Municipal Court Judge for the Town of Prosper for 11 years. Judge Moore was originally used only for code enforcement violations when Shirley Jackson was the Town Administrator.. Judge Moore has served nine terms as a Municipal Court Judge/Magistrate. He brings over 16 years of exemplary experience and public service to the communities in Collin County including Melissa, Prosper, Anna, Lowry Crossing, St. Joseph and visiting Westminster on behalf of State Receivership. Judge Moore is a 25 year Collin County resident. Judge Moore is a member of the TMCA (Texas Municipal Courts Association). Judge Moore has listened to over 9,000 cases in the Prosper Municipal Court, only two of these cases have been contested. One of the contested cases was an ordinance violation where the defendant was found guilty by a jury; the second was a bench trial for possession of alcohol by a minor. The defendant was also found guilty in this case. Judge Moore has saved the Town money on legal fees by having so many uncontested cases in our court. Judge Moore's continuing education and required education classes are paid for by Melissa at no expense to the Town. Judge Moore is always willing to meet Town police officers to sign warrants and affidavits and conduct juvenile magistrates and warrant round ups at any time he is needed without charging the Town for these added duties. The Town's Municipal Court has never had a complaint filed against it. Agenda Item No. 5d - Page 1 of 2 Budaet Impact: No additional impact on the budget. The judge is paid $375 per court session which was an increase from $275 done in 2006. $9750 is the total paid to Judge Moore each budget year through state fines collections. Legal Obligations and Review: As noted above, the Town Charter requires the Town Council to appoint by the affirmative vote of a majority of the full membership of the Town Council a Municipal Judge of the Municipal Court for a term of two (2) years and to determine the compensation of Judge. Attached Documents: None Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council approve the resolution appointing Judge Moore as the Town's Municipal Judge and establishing the compensation of the Municipal Judge as $375 per session. Agenda Item No. 5d - Page 2 of 2 TOWN OF PROSPER, TEXAS RESOLUTION NO.10- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE MAYOR OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A SERVICE AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS AND EVEREST FINANCIAL GROUP NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Mayor of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, appointment of Judge David Moore as the Municipal Court Judge for a two year appointment as required by the Town Charter. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 25th Day of May 2010. Ray Smith, Mayor ATTEST TO: Matthew D. Denton, Town Secretary ;1SPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Captain Gary McHone CC: Mike Land, Town Manager Wayne Snell, Building Official POLICE DEPARTMENT Re: Town Council Meeting — May 25, 2010 Date: May 20, 2010 Agenda Item: Agenda Item No. 5e Consider and act upon a request from Justin Kouba to permit a variance to the Town's Noise Ordinance No. 06-47, allowing for the use of loudspeakers and sound amplifiers from 6 p.m. to 9 p.m. on Wednesday, May 26, 2010 at 208 W. Broadway at Prestonwood Baptist North during the Summer Bash. Description of Agenda Item: On Wednesday, May 26, 2010 at 208 W. Broadway at Prestonwood Baptist North is planning to hold an event, which will have a live band performing from the back of a flatbed style truck. The hours the band would play are from 6p.m.-9p.m. The event is a community based event marking the end of school. Budget Impact: Not applicable. Legal Obligations and Review: Not applicable. Attached Documents: Not applicable. - Board. Committee and/or Staff Recommendation: Town staff recommends that the Town Council approve the request from Justin Kouba to permit a variance to the Town's Noise Ordinance No. 06-47, allowing for the use of loudspeakers and sound amplifiers from 6 p.m. to 9 p.m. on Wednesday, May 26, 2010 at 208 W. Broadway at Prestonwood Baptist North during the Summer Bash. Agenda Item No. 5e - Page 1 of 1 is D W s pE "A PLACE WHERE EVERYONE MATTERS" FINANCIALS FY 2009 - 2010 APRIL, 2010 P SPI,R a place where everyone matters' CASH OVERVIEW END -OF -MONTH CASH OVERVIEW (RECONCILED) APRIL, 2010 Internal General Fund Water/Sewer Fund I & S Service Fund Cap Proj 04 Bond Cap Proj 06 Bond Cap Proj 08 Bond Storm Drainage 'Parks (Ded + Imo) "Impact Fees "'Sp Rev Fund Sp. Rev Escrow EDC TOTALS CASH -LOCAL BANK 4,266,626 2,678,913 1,567,620 25,783 251,641 9,004,339 71,888 388,165 1,927,437 89,598 1,005,274 1,273,829 22,551,112 TEXPOOL BALANCE 615,508 2,998,914 336,894 - 165,350 1,600,021 71,181 5,787,868 TEXSTAR BALANCE 588,706 - - - - 2,721,359 1,480,921 1,239,581 2,477,733 970,728 21,146 9,500,175 TOTAL 5,470,841 5,677,827 1,904,514 25,783 416,991 2,721,359 10,485,260 71,888 1,627,746 6,005,191 89,598 1,976,002 1,366,156 37,839,155 ' 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 25,324,332 14SPER P 'a place where everyone matters' $12,000 END -OF -MONTH CASH OVERVIEW (RECONCILED) APRIL, 2010 $10,000 $8,000 - 4n M N $6,000 0 589 616 9,004 $4,000 2,999' $2,000 4,267 2,679 1,568 $0 General Water/Sewer 1 & S Fund Fund $22,551,112 60% 2,721 -027 1,2401 1,927 - ..Jw s 1,005 1,274 26-- 252 72 388 90-Lao..rj - Internal Cap Proj Cap Proj Cap Proj Storm •Parks **Impact ***Sp Rev Sp. Rev CDC Service 04 Bond 06 Bond 08 Bond Drainage (Ded+ Imp) Fees Fund Escrow Fund $5,787,868 15% i P7 $9,500,175 25% ' TEXSTAR BALANCE TEXVOOL BALANCE - CASH•LOCALBANK $2,750 $2,500 $2,250 $2,000 $1,750 $1,500 O $1,250 Fc- $1 000 $750 $500 $250 120% -p 100% O 80% O V 60% C U 40% i O a 20% 0% PROPERTY TAX COLLECTIONS THREE (3) YEAR COMPARISON FOR PEAK COLLECTION MONTHS 1.1w, V"I I al VVVVCV IIVI11a7 THREE (3) YEAR COMPARISON PERCENT OF TOTAL DUE (Before Adjustments) COLLECTED Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept of Total % of Total . % of Total Month FY 07/08 Taxes Due FY 00/09 Taxes Due FY 09110 Taxes Due Oct $ 50,747.84 1.22% $ 48,517.92 _ 0.94% $ 19,127.14 0.35% Nov $ 279,501.69 6.74% $ 178,822.73 3.47% $ 134,228.60 2.49% Dec $ 1,492,718.39 35.98% $ 2,123,446.32 41.26% $ 2,569,783.42 47.59% Jan $ 1,258,105.15 30.33% $ 1,516,971.29 29.48% $ 1,428,265.19 26.45% Feb $ 708,460.51 17.08% $ 800,731.47 15.56% $ 809,613.41 14.99% Mar $ 166,240.49 4.01 % $ 209,277.90 4.07% $ 253,646.04 4.70% Apr $ 134,741.00 3.25% $ 31,317.89 0.61% $ 79,658.28 1.48% May $ 106,398.32 2.56% $ 101,971.76 1.98% $ - June $ 80,432.36 1.94% $ 88,426.23 1.72% $ - July $ 30,554.96 0.74% $ 80,718.20 1.57% $ - Aug $ 7,975.81 0.19% $ 27,893.94 0.54% $ - Sept $ 89,710.62 2.16% $ 24,802.34 0.48% $ - YTD Totals $ 4,405,587.14 106.20% $ 5,232,897.99 101.68% $ 5,294,322.08 98.05% Collected YTD includes delinquent collections $ 4,148,422.58 $ 5,146,372.81 $ 5,399,872.83 Total taxes due includes delinquent before adjustments $200,000 - $180,000 $160,000 $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 THREE YEAR (3) COMPARISON TOWN OF PROSPER SHARE OF SALES TAX PROSPER, TEXAS 0 Town Share :] Town Share I Month FY 07/08 FY 08/09 Oct $ 93,663.91 $ 94,362.57 Nov $ 79,855.10 $ 102,455.23 Dec $ 79,091.05 $ 75,727.34 Jan $ 81,493.26 $ 94,211.42 Feb $ 81,965.14 $ 61,017.45 Mar $ 76,291.41 $ 65,889.62 Apr $ 84,530.24 $ 88,604.24 May $ 88,123.45 $ 88,311.00 "'June $ 92,173.93 $ 83,398.78 July $ 107,555.96 $ 114,686.45 Aug $ 102,686.76 $ 104,612.27 Sept 88,844.53 $ 99,414.58 Current Year Town Share $ Amount % of Change FY 09/10 Inc / Dec Inc /(Dec) $ 100,898.03 $ 6,535.46 6.93% $ 87,322.54 $ (15,132.69) -14.77% $ 91,239.15 $ 15,511.81 20.48% $ 112,125.21 $ 17,913.79 19.01 % $ 67,208.54 $ 6,191.09 10.15% $ 63,837.14 $ (2,052.48) -3.12% $ 185,754.33 $ 97,150.09 109.64% 0.00% YTD Totals $ 1,056,274.74 $ 1,072,690.95 $ 708,384.94 $ 126,117.07 21.66% !*One time State Comptroller audit payment June FY 07/08 removed $ 1,100,000.00 Budgeted Sales Tax to reflect actual. April Budgeted: $ 89,430.00 for month of April, 2010 April Received: $ 185,754.33 $ 96,324.33 Increase 107.709% April variance YTD Mo'ly Budgeted: $ 599,005.00 YTD April- 2010 YTD Mo'ly Received: $ 708,384.94 $ 109,379.94 Increase 18.260% YTD variance giuser_r&a2 rbutler 16:14 05/18/10 Fund: Account - Description Current Curren Number Year Month Adopted Budget GEMCUAL FOND R$VBNORS Property Tax 3,227,903.00- Sales Tax 1,103,500.00- Franchise 330,100.00- License, Pees, & Permits 5501050.00- Charges for Services 200,050.00- Grants 320,070.00- Investments Income 56,000.00- Fines & Warrants 222,500.00- Transfer In 343,123.00- Miscellaneous 44,050.00- Total Revenues 6,397,346.00- Appropriations Personnel 4,324,457.16 Materials and Supplies 318,474.36 Town Services / Maintenance 407,109.91 Contractual / Professional Ser 1,199,992.44 Capital 117,072.13 Interfund Transfer Out 30,240.00 Total Appropriations 6,397,346.00 Revenue Over/(Under) Approp Town of Prosper Rev/Rxp Fund Category Rept (3) Period Rndina: 4/2010 Current Current Current Current CurrentCurrent Month Month YTD YTD YTD Remaining Actual Variance Budget Actual Variance Budget 47,973.43.- 47,973.43- 3,227,903.00- 3,195,127.65- 32,775.35 32,775.35- 186,743.09- 186,743.09- 1,103,500.00- 710,556.63- 392,943.37 392,943.37- 31,869.51- 31,869.51- 330,100.00- 119,702.18- 210,397.82 210,397.82- 61,310.40- 61,310.40- 5501050.00- 407,637.55- 142,412.45 142,412.45- 16,541.04- 16,541.04- 200,050.00- 102,044.86- 98,005.14 98,005.14- 75,892.50- 75,892.50- 320,070.00- 179,79r5.24- 140,274.76 140,274.76- 11,570.89- 11,570.89- 561000.00- 71,084.09- 15,084.09- 15,084.09 22,727.61- 22,727.61- 222,500.00- 121,198.33- 101,301.67 101,301.67- 343,123.00- 343,123.00 343,123.00- 3,647.60- 3,647.60- 44,050.00- 54,948.66- 101898.66- 10,898.66 458,276.07- 458,276.07- 6,397,346.00- 4,962,095.19- 1,435,250.81 1,435,250.81- 392,733.44 392,733.44 4,321,324.00 2,393,268.48 1,928,035.52- 1,931,168.68 11,121.30 11,121.30 311,480.00 142,006.34 169,473.66- 176,468.02 18,458.35 18,458.35 405,005.00 188,580.51 216,414.43- 219,529.34 104,914.85 104,914.85 1,214,257.00 740,454.48 473,802.52- 459.537.96 364.66 364.66 115,040.00 72,342.71 42,697.29- 44,729.42 3.0,240.00 30,240.00- 3U,240.00 527,592.60 527,592.60 6,397,346.00 3,536,672.58 2,860,673.42- 2,860,673.42 69,316.53 69,316.53 1,425,422.61- 1,425,422.61- 1,423,422.61 Page 1 gluser_r&a2 rbutler Town of Prosper Page 2 16:14 05/18/10 Rev/Bxp Fund Category Rept (3) Fund: Period Bndiaa: 412010 Accountscription Current Current Current Currentrent Current CurrentCurrent Number Year }loath month Month YTD YTD YTD Remaining Adopted Budget Actual variance Budget Actual Variance Budget WATER i SEWER FUND Revenues Licenses, Fees, 4 Permits 1,100.00- 25.00- 25.00- 1,100.00- 325.00- 775.00 775.00- Investment Income 62,150.00- 61861.99- 61861.99- 62,150.00- 49,434.94- 12,715.06 12,715.06- Miscellaneous 151000.00- 1,511.89- 11511.89- 151000.00- 15,813.56- 813.56- 813.56 W/S Tap 4 Connection 135,000.00- 30,475.00- 30,475.00- 135,000.00- 137,800.00- 2,800.00- 2,800.00 Service Iaitation Fees 181000.00- 4,200.00- 4,200.00- 18,000.00- 20,695.00- 2,695.00- 2,695.00 Water Charges 3,339,102.00- 176,680.91- 176,680.91- 3,339,102.00- 1,075,530.17- 2,263,571.83 2;263,571.83- Sewer Charges 1,389,580.00- 89,223.25- 89,223.25- 1,389,580.00- 648,510.81- 741,069.19 741,069.19- Penalties 30,000.00- 2,999.32- 2,999.32- 30,000.00- 26,145.97- 3,854.03 3,854.03- Solid Waste Charges 571,000.00- 47,040.91- 47,040.91- 571,000.00- 316,007.92- 254,992.08 254,992.08- Total Revenues 5,560,932.00- 359,018.27- 359,018.27- 5,560,932.00- 2,290,263.37- 3,270,668.63 3,270,668.63- Appropriations Personnel 581,920.00 55,789.09 55,799.09 581,920.00 322,706.85 259,213.15- 259,213.15 materials and Supplies 931,330.00 76,295.28 76,295.28 931,330.00 495,703.73 435,626.27- 435,626.27 Town Services / Maintenance 536,768.00 31,601.02 31,601.02 536,768.00 207,003.65 329,764.35- 329,764.35 C031tractual/Profeasional Servi 1,759,300.00 127,792.44 127,782.44 1,759,300.00 924,967.53 834,332.47- 834,332.41 Capital 10,500.00 10,500.00 3,998.74 6,501.26- 6,501.26 Bonds 1,369,896.00 1,369,896.00 427,763.08 942,132.92- 942,132.92 Interfund Transfers Out 347,848.00 347,848.00 347,848.00- 347,848.00 Total Appropriations 5,537,562.00 291,467.83 291,467.93 5,537,562.00 2,392,143.59 3,155,418.42- 3,155,418.42 Revenue Over/(Under) Approp 23,370.00- 67,550.44- 67,550.44- 23,370.00- 91,880.21 115,250.21 115,250.21- gluser_ria2 rbutler Town of Prosper Page 3 16:14 05/18/10 Rev/Bxp Fund Category Rept (3) Fund: Period Rndina: 412010 Account Description Current Current Current Current Current Current Current Current Number Year Month Month Month YTD YTD YTD Remaining Adopted Budget actual Variance Budget actual Variance Budget INTEREST 4 SINKING FOND Revenues Property Tax 2,129,934.00- 31,684.85- 31,684.85- 2,129,934.00- 2,099,194.12- 30,739.88 30,739.88- Investment Income 80,000.00- 3,854.60- 3,854.60- 80,000.00- 19,630.85- 60,369.15 60,369.15- Total Revenues 2,209,934.00- 35,539.45- 35,539.45- 2,209,934.00- 2,118,824.97- 91,109.03 91,109.03- Appropriations Bonds 2,081,335.00 2,081,335.00 1,042,764.28 1,038,570.72- 1,038,570.72 Interfund Transfers Out Total Appropriations 2,081,335.00 2,081,335.00 1,042,764.28 1,038,570.72- 1,038,570.72 Revenue Over/(Under) Approp 128,599.00- 35,539.45- 35,539.45- 128,599.00- 1,076,060.69- 947,461.69- 947,461.69 INTEPI" SBRVICR FUND Revenue Interest Income 500.00- 64.95- 64.95- 500.00- 456.04- 43.96 43.96- Interfund Tranafers In 71,010.00- 2,835.00- 2,835.00- 71,010.00- 19,869.72- 51,140.28 51,140.28- Total Revenues 71,510.00- 2,899.95- 2,899.95- 71,510.00- 20,325.76- 51,184.24 51,184.24- Appropriations Personnel 50,000.00 1,018.57 1,018.57 50,000.00 20,701.26 29,298.74- 29,298.74 Total Appropriations 50,000.00 1,018.57 1,018.57 50,000.00 20,701.26 29,298.74- 29,298.74 Revenue Over/(Under) Approp 21,510.00- 1,881.38- 1,881.38- 21,510.00- 375.50 21,885.50 21,885.50- gluser_raa2 rbutler Town of Prosper Page 4 16:14 03/18/10 Rev/Bxp Fund Category Rept (3) Fund: Period Ending: 4/2010 Account Deecript oa Current Current Current Currentrea ren ren Number Year Month Month Month YTD YTD YTD rea Remaining Adopted Budget Actual Variance Budget Actual Variance Budget STORM DRAINAGE FUND Revenues License, Fees, Permit 75,000.00- 14,220.39- 14,220.39- 75,000.00- 80,312.95- 5,312.95- 5,312.95 Total Investment Income 500.00- 500.00- 64.37- 435.63 435.63- Total Revenues 75,500.00- 14,220.39- 14,220.39- 75,500.00- 80,377.32- 4,877.32- 4,877.32 Appropriations Total Professional Services 40,000.00 366.12 366.22 40,000.00 27,877.23 12,122.77- 12,122.77 Total Capital 20-,000.00 20,000.00 20,000.00- 20,000.00 Total Appropriations 60,000.00 366.12 366.12 60,000.00 27,877.23 32,122.77- 32,122.77 Total Revenue Over/(under) App 15,500.00- 13,854.27- 13,854.27- 15,500.00- 52,500.09- 37,000.09- 37,000.09 PARRS rum Revenue Investment income 81000.00- 1,128.89- 1,128.89- 81000.00- 7,241.44- 758.56 758.56- Park Fees 220,000.00- 220,000.00- 220,000.00 220,000.00- Total Revenues 228,000.00- 1,128.89- 1,128.89- 228,000.00- 7,241.44- 220,758.56 220,758.56- Appropriations (Parks) Contractual / Professional Ser 611,000.00 373.00 375.00 611,000.00 23,490.22 597,509.89- 397,509.89 Total Appropriations 611,000.00 375.00 375.00 612,000.00 13,490.11 597,509.89- 597,509.89 Revenue Over/(Under) Approp 383,000.00 753.89- 753.89- 383,000.00 6,248.67 376,751.33- 376,751.33 gluser_r4a2 rbutler Town of Prosper Page 5 16:14 05/18/10 Rev/Axp Fund Category Rept (3) Fund: Period Andina: 4/2010 Account Description CurrentCurrent Current current Current —current en Number Year Month Month Month YTD YTD YTD en Remaining Adopted Budget actual Variance Budget actual Variance Budget I34PACT FEES FUND Revenue Investment Income 25,000.00- 5,314.32- 5,314.32- 25,000.00- 27,193.74- 2,193.74- 2,193.74 Impact Pees 650,000.00- 88,365.00- 88,365.00- 650,000.00- 1,947,134.20- 1,297,134.20- 1,297,134.20 Total Revenues 675,000.00- 93,679.32- 93,679.32- 675,000.00- 1,974,327.94- 1,299,327.94- 1,299,327.94 Appropriations Contractual/Professional Servi 250,000.00 5,111.90 5,111.90 250,000.00 5,111.90 244,888.10- 244,888.10 Capital 160,552.30 160,552.30 160,552.30- Interfund Transfers Out Total Appropriations 250,000.00 5,111.90 5,111.90 250,000.00 165,664.20 84,335.80- 84,335.80 Revenue Over/(Under) Approp 425,000.00- 88,567.42- 88,567.42- 425,000.00- 1,808,663.74- 1,383,663.74- 1,383,663.74 SPACIAL RRVBNQB DONATION PMW Revenue Court Pees 6,700.00- 653.79- 653.79- 61700.00- 4,425.95- 2,274.05 2,274.05- Contributions 52,500.00- 2,019.00- 2,019.00- 52,500.00- 21,820.68- 30,679.32 30,679.32- Escrow Income 4,109.05- 4,109.05- 191,341.90- 191,341.90- 191,341.90 Grants 21000.00- 2,000.00- 3,553.08- 1,553.08- 1,553.08 miscellaneous Total Revenues 61,200.00- 6,781.84- 6,781.84- 61,200.00- 221,141.61- 159,941.61- 159,941.61 gluser_r&a2 rbutler Town of Prosper 16.14 05/18/10 Rev/ZIP Fund Category Rept (3) Page 6 Pund: Period Rndinee 4/201n account Description Number Appropriations (Sp. Rev.) Torn 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 Coats Total Interfund Transfers Out Total Appropriations Revenue Over/(under) Approp Current rear- current Currentren reaCurrent rent Year month Month month YTD YTD YTD Remaining Adopted Budget actual variance Budget actual Variance Budget 60,000.00 1,251.57 1,251.57 60,000.00 39,068.88 20,931.12- 20,931.12 60,000.00 1,251.57 1,251.57 60,000.00 39,068.88 20,931.12- 20,931.12 1,200.00- 5,530.27- 5,530.27- 1,200.00- 182,072.73- 180,872.73- 180,872.73 235,000.00- 235,000.00- 11108,856.50- 873,856.50- 873,856.50 62,000.00- 11,877.49- 11,877.49- 62,000.00- 101,732.09- 39,732.09- 39,732.09 297,000.00- 11,877.49- 11,877.49- 297,000.00- 1,210,588.59- 913,588.59- 913,588.59 96,885.00 7,746.58 7,746.58 96,885.00 61,054.24 35,830.76- 35,830.76 640,098.60 640,098.60 4,451,842.16 4,451,842.16 4,451,842.16- 96,885.00 647,845.18 647,845.18 96,805.00 4,512,896.40 4,416,011.40 4,416,011.40- 200,115.00- 635,967.69 635,967.69 200,115.00- 3,302,307.81 3,50.2,422.81 3,502,422.81- gluser_r4a2 rbutler Town of Prosper Page 7 16:14 05/18/10 Rev/Bxp Fund Category Rapt (3) Fund: Period Ending: 4/2010 Account Description Current UUT-0-a Number Year Month Adopted Budget ECONOMIC DKV33LOPNENT 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 4 Supplies 7,400.00 Town Services/Maintenance 50,100.00 Contractual/Profeasional Servi 63,300.00 Capital 50,000.00 Interfund Transfer Out 540.00 Total Appropriations 324,750.00 Revenue Over/(under) Approp 45,210.00- rent Current Current current CurrentCurrent Month Month YTD YTD YTD Remaining Actual Variance Budget actual Variance Budget 61,918.11- 61,918.11- 346,000.00- 236,128.32- 109,871.68 109,871.68- 2,643.94- 2,643.94- 24,000.00- 19,778.89- 4,221.11 4,221.11- 20.95- 20.95- 20.95 64,562.05- 64,562.05- 370,000.00- 255,928.16- 114,071.84 114,071.84- 11,333.08 11,333.08 153,450.00 86,288.68 67,161.32- 67,161.32 202.50 202.50 7,400.00 1,055.95 6,344.05- 6,344.05 10,529.58 10,529.58 50,100.00 23,571.26 26,528.74- 26,528.74 4,165.39 4,165.39 63,300.00 32,698.74 30,601.26- 30,601.26 50,000.00 50,000.00- 50,000.00 540.00 540.00- 540.00 26,230.55 26,230.55 324,790.00 143;614.63 181,175.37- 181,175.37 38,331.50- 38,331.50- 45,210.00- 112,313.53- 67,103.53- 67,103.53 ISPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Matthew D. Denton, Town Secretary CC: Mike Land, Town Manager Re: Town Council Meeting — May 25, 2010 Date: May 20, 2010 ADMINISTRATION Agenda Item No. 7 Agenda Item: Consider and act upon the appointment of a Mayor Pro -Tern and Deputy Mayor Pro-Tem. Description of Agenda Item: The Town Charter states that the Mayor Pro-Tem and Deputy Mayor Pro-Tem shall be Council Members elected by the Town Council at the first regular meeting after each election of Council Members and/or Mayor. The Mayor Pro-Tem shall act as Mayor during the disability or absence of the Mayor and in this capacity shall have the rights conferred upon the Mayor. The Deputy Mayor Pro-Tem shall act as Mayor during the disability or absence of the Mayor and Mayor Pro- Tem and in this capacity shall have the rights conferred upon the Mayor. Budget Impact: There is no impact on the budget. Lenal Obligations and Review: N/A Attached Documents: N/A Town Staff Recommendation: Town staff recommends that the Town Council nominate and appoint a Mayor Pro-Tem and a Deputy Mayor Pro-Tem. Agenda Item No. 7 - Page 1 of 1 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. 8 Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — May 25, 2010 Date: May 20, 2010 Agenda Item: Consider and act upon a request to reestablish residential nonconforming rights at 209 South Church Street, pursuant to Chapter 1, Section 7 of the Zoning Ordinance. History: The following is a brief history regarding the zoning, use, and ownership of 209 S. Church Street: • Collin County CAD's website shows the building on the property was constructed in 1963 and has been used for single family residential use. • September 25, 2006 — Town staff receives a zoning application to rezone the property to Downtown Office. • June 12, 2007 — Town Council adopts an ordinance rezoning the property to Downtown Office. • April 29, 2009 — Former property owner, Jaciene Bryant, closes utility account and moves to Washington, leaving the building on the property vacant. • November 2009 — Buddy Wilson purchases the property from Jaciene Bryant. • May 17, 2010 — Town staff receives a letter from Buddy Wilson requesting to reestablish a single family residential use on the property. Description of Agenda Item: Town staff has received a request from Buddy Wilson, the property owner, to reestablish a single family residential use at 209 S. Church Street, pursuant to Chapter 1, Section 7.3(E) of the Zoning Ordinance. The property is zoned Downtown Office, but has been used for single family residential use in the past. The previous property owner, which used the property for single family residential use, vacated the property in April 2009. Buddy Wilson, the current property owner, purchased the property in November 2009. Since the single family residential use has been discontinued for over six months and single family residential is not a permitted use in the Downtown Office District, the property owner has lost the right to use the property for single family residential per the Zoning Ordinance. The Zoning Ordinance allows the Town Council to reestablish the property owner's rights to operate a nonconforming use if the property owner can show there was a clear intent not to abandon the use even though the use was discontinued for six months or more. The attached letter from Buddy Wilson states it was not the property owner's intention to abandon the property. Budget Impact: There are no significant budget implications associated with the approval of this request. Agenda Item No. 8 - Page 1 of 2 Legal Obligations and Review: N/A. Attached Documents: 1. Letter from Buddy Wilson requesting to reestablish a single family residential use on the property. 2. Map of the property and surrounding area. Town Staff Recommendation: Town staff recommends the Town Council approve the request to reestablish a single family residential use at 209 South Church Street, pursuant to Chapter 1, Section 7.3(E) of the Zoning Ordinance subject to: 1. The property owner receiving a Certificate of Occupancy (nonconforming) from the Building Official, which includes passing all required inspections. Agenda Item No. 8 - Page 2 of 2 To: Honorable Mayor & Town Council Building Inspections Planning Department Dear Mayor & Town Council This letter is written to formally request the use for a single family residence be restored to the Property.The Property was vacant at the time I closed my purchase in November, 2009. Since that time, I have worked to renovate the home and have been actively looking for a qualified tenant.However, due to the local economy, I was not able to find a tenant until recently. It was never my intent to "abandon" the Property, and therefore request you approve my right to use the Property as a single-family residence. Re:Non Conforming use at 209 South Church St. Prosper Tx ( the Property) Thank you, Buddy Wilson 209 5• Church Street E BROA WAY ST {Old, Downtown — — Office 4,7 -r.- Downtown L LL Office ». s k ST r Single ''� •�� . .� �� f•- Downtown Famil Y- 15 Offlee ti _ UJ LL P : a '... — 'Property !ta>r� COE 47,1 @ J �T r y Downtown a Office E FIRST S - .. l Downtown Office SirtglE j Family-15 a r. 1 I � � - � �'• •� Si le miy Faily-15 DISCLAIMER The Town of Prosper has prepared this l'�'—gPERthis map or information for internal purposes N oF only. It is made available under the PPublic Information Act. Any reliance on map or information is AT YOUR OWN RISK The Town of Prospser assumes no i - liability for any errors, omissions, or inaccuracies in the map or information regardless of the cause of such or for any decision made, action - taken, or action not taken in reliance upon any maps or information provided herein. The Town of Prosper makes no warranty, representation, or guarantee of any kind regarding any maps or information provided herein or the sources of such maps or information and DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED AND IMPLIED, including the implied warranties of merchantability and fitness for a particular purpose. 0 80 180 320 Prepared 05/20/10 ISPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council PARKS & RECREATION Agenda Item No. 9 From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer CC: Mike Land, Town Manager Re: Town Council Meeting — May 25, 2010 Date: May 20, 2010 Aaenda Item: Consider and act upon approving the purchase of 23.140 acres of real property from the Prosper Independent School District (PISD) for the extension of the Community Park and authorizing the Town Manager to execute any and all documents necessary for the purchase thereof. Description of Agenda Item: Included in the design and construction of the Community Park are 11 soccer fields and a concession/restroom pavilion that are located within the PISD property as shown below and on the attached exhibit which depicts approximately 57 acres of Town park land. The Town and PISD currently have an Intergovernmental Joint Use and Lease Agreement on the property shown as "PISD Acreage" depicted which allows the use of these facilities at the Community Park. I L. TQwn's 5 7,A+�res STADIUM r , ern A.— ARaaA P.- PM.u.+. 1MwoMe � •'1' •Y N •.i1 w r Acreage Agenda Item No. 9 - Page 1 of 3 With the design and construction of the Community Park, many improvements were included in the project to facilitate the future development of the PISD property north of the soccer fields and concession/restroom facility. The estimated reimbursement from the PISD to the Town for these improvements is $1.4 Million. In lieu of the existing Intergovernmental Joint Use and Lease Agreement and to allow the PISD funding for the improvements to facilitate the future development included in the Community Park project, the PISD has requested that the Town purchase the property on which the 11 soccer fields and concession/restroom pavilion are located. Also included below and in the packet, is an exhibit showing the limits of the Town's property once the property from the PISD is acquired. s a �^ f J '0J s 44 �' l J � 379.1%jAn ? ti JJ' A . J IN t��i ,j 41 + i JY J JiriY�' JJ ' J' 3+i 1iy'J�JJ y J J .J J J 1 J, A new Intergovernmental Agreement to replace the existing Intergovernmental Joint Use and Lease Agreement is currently being drafted by the Town Attorney to address PISD reimbursement for improvements included in the Community Park project to facilitate the future development of the PISD property north of the soccer fields and concession/restroom facility. In addition, an Escrow Agreement is being prepared by the Town Attorney to address Town reimbursement to the PISD for improvements the PISD constructed with the new Prosper High School. Budget Impact: The purchase price for the property to the Town is $809,900 or $35,000/acre for the 23.140 acres and is based on the original price that PISD paid for the property several years ago. Included in the legal documents pertaining to the purchase of the property from the PISD is $1,131.10 for Settlement Charges related to the acquisition. The current budget for the construction of the Community Park is $9.1 Million and includes approximately $1.4 Million for the construction of the improvements to facilitate the future development of the PISD property north of the soccer fields and concession/restroom facility. Since Agenda Item No. 9 - Page 2 of 3 this project is funded from the 2008 CO Bonds and accounts for the PISD improvements, the $811,031.10 will be funded from the 2008 CO Bonds. The $809,900 will be credited towards the PISD portion of the improvements facilitating their future development. It is anticipated that the Town reimbursement from the Escrow Agreement being prepared by the Town Attorney with respect to the new Prosper High School will fund the remaining portion of the PISD improvements. Legal Obligations and Review: The legal documents pertaining to the purchase of real property from the PISD were prepared by the Town Attorney's office. Attached Documents: 1. Legal documents pertaining to the purchase of real property from the PISD. 2. Existing exhibit showing property for Community Park. 3. Proposed exhibit showing property for Community Park including purchase of real property from the PISD. Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council approve the purchase of 23.140 acres of real property from the Prosper Independent School District (PISD) for the extension of the Community Park and authorize the Town Manager to execute any and all documents necessary for the purchase. Agenda Item No. 9 - Page 3 of 3 Town Parcel & PISD Parcel ' � � � ,yam L��,,,1�'• - ��' ',: �m � ,• 1 � - ..^ � !. Jj ii t 44 { _ r }� � �� $ . 'Rif � � • ,F i- '� � jj � � � ;`� � �, a _,.-� � ,��}ti,y _� .ice �� . _� ,�, • � �� ..�'. - � - w .�.4 J 10 �. do 3 9 .► 4 .313 a 44 a J a 0 -Town Parcel Q - PISD Parcel PURCHASER'S STATEMENT Date: April 19, 2010 GFNo: 1OR11763 Sale From: Prosper Independent School District, a Texas To: Town of Prosper, Texas, a municipal corporation of the State school district of Texas P. O. Box 100 P. O. Box 307 Prosper, TX 75078 Prosper, TX 75078 Property: 23,140 acres, more or less, out of the Collin County School Land Survey, Abst. No. 147, Collin County, Texas Prosper, TX 75078 PurchasePrice .......... . ...................._ . _.._ ....................................................... _._......_.._....--.-......... .......... .... ............. ......_............ $809,900.00 Plus: Charges OtherSettlement Charges ..... ................_........................._..._— — — _....._ .........................--------------- - ..... .... .... ................. ..$386.00 Filing fees to Collin County Cleric ............ _ _ ..... —... _ ._._. _._................................... -... - ... - ... -... _... _.... $36.00 Escrow Fee to Abernathy Roeder Boyd & Joplin, P.0.... __.......... ._........................................ - ... - ... -... - ...... $350.00 TitleInsurance to Reunion Title Company -............. —.................... _.._._..-.... _.................................... ......... ... -------------------------- --------------------- —$745.10 SurveyAmendment (OTP only) -.................. -......................................... .... ....... ..................................................... ....... $695.10 MSD OTP T-19.3 End. --- ............................... ...... -- ................. .$50.00 65% Title Premium - ARBJ............................................................._...---------------- TotalCharges.................................................. ........................ .... -... -... -........................................... .................... _........ .... ... $1,131.10 Gross Amount Due By Purchaser ............................................... ................................... _....................... $811,031.10 Less: Credits Credit against amount owed by Seller under the Intergovernmental Joint Use&. Lease Agmt. dated 12/23/08 .........................................................._..._.........._...........................................__.._.._.. .. _ ..._...._ ..--. $809,900.00 TotalCredits .................................. ............ ..... .............. _......... ...... Balance Due by Purchaser ...... _._........................ $809,900.00 Purchaser understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources and cannot guarantee the accuracy thereof. The lender involved may be furnished a copy of this statement. Purchaser understands that tax and insurance proration and reserves were based on figures for the preceding year or supplied by others or estimates for the current year, and in the event of any change for current year, all necessary adjustments must be made between Purchaser and Seller direct. The undersigned hereby authorizes Reunion Titieto make expenditure and disbursements as shown above and approves same for payment, The undersigned also acknowledges receipt of Loan Funds, if applicable, in the amount shown above and a receipt of a copy of this Statement Reunion Title By Loretta Boddy, Escrow Officer TOWN OF PROSPER, TEXAS By: MIKE LAND, Town Manager Printed at: 05/12/2010 (10:31 am) Compliments of Reunion Title TITLE 1700 Redbud Suite 300 McKinney, TX 75069 Phone 214-544-4000 Fax 214-544 4044 WIRING INSTRUCTIONS Date: April 19, 2010 16W11( OF PROSPER, TEXAS / QrvS fcv- I S b RE: Order No.: 10R11763 BuyerBorrower(s):rOU' &ty of Prosper, Texas, a municipal corporation of the State of Texas 3 Seller(s): Prosper Independent School District, a Texas school district Property Address: , Prosper, TX 75078 In connection with the referenced transaction, please wire funds to us in this manner: WIRE TRANSFER INSTRUCTIONS For Wiring to Settlement Agent If you have any questions regarding the enclosed, please do not hesitate to contact us. Bank Name: Independent Bank Bank Location: 3090 Craig Drive, McKinney, TX ABA Number: 111916326 5 Account Number: 1000034031 Account Name: Escrow Account Reunion Title Abernathy, Roeder, Boyd & Joplin, P,C. 1700 Redbud Blvd., Suite 300 McKinney, TX 75069 Re: I GF #10R11763 Order No. 10R11763 i Wiring Instructions (Ind.) - " - Rev. 02/04 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 DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF COLLIN § As used herein, the following terms shall have the following meanings: Effective Date: April 19, 2010 Grantor: PROSPER INDEPENDENT SCHOOL DISTRICT, a Texas school district organized under the laws of the State of Texas Grantor's Mailing Address: P. O. Box 100, Prosper, Texas 75078 Grantee: TOWN OF PROSPER, TEXAS, a municipal corporation of the State of Texas Grantee's Mailing Address: P. O. Box 307, Prosper, Texas 75078 Consideration: TEN DOLLARS ($10.00) cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged Property (including any improvements): See Exhibit A attached hereto and made a part hereof for all purposes. Reservations from and Exceptions to Conveyance and Warranty: See Exhibit B attached hereto and made a part hereof for all purposes. This conveyance is also made and accepted subject to the following restrictive covenants: The further covenant, consideration and condition is that the following restrictions shall in all things be observed, followed and complied with: (a) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other Page 1 #572399 institution of learning, study or instruction which discriminates against any person because of his race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. (b) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, main- tains, reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renew or encourage, a dual school system. These restrictions and conditions shall be binding upon Grantee, Town of Prosper, its heirs, personal representatives and assigns or its successors and assigns, as the case may be, for a period of fifty (50) years from the date hereof; and in case of a violation of either or both of the above restrictions, the estate herein granted shall, without entry or suit, immediately revert to and vest in the Grantor herein and its successors, this instrument shall be null and void, and Grantor and its successors shall be entitled to immediate possession of such premises and the improvements thereon; and no act or omission upon the part of Grantor herein and its successors shall be a waiver of the operation or enforcement of such condition. The restriction set out in (a) above shall be construed to be for the benefit of any person prejudiced by its violation. The restriction specified in (b) above shall be construed to be for the benefit of any public school district or any person prejudiced by its violation. Grantor, for the Consideration and subject to the Reservations from and Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor hereby binds Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from and Exceptions to Conveyance and Warranty by, through or under Grantor, but not otherwise. (signatures on the following page) Page 2 #572399 When the context requires, singular nouns and pronouns include the plural. PROSPER INDEPENDENT SCHOOL DISTRICT, a Texas school district organized under the laws of the State of Texas By: DREW WATKINS, Superintendent ACCEPTED AND AGREED: TOWN OF PROSPER STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the day of , 2010, by DREW WATKINS, Superintendent of the PROSPER INDEPENDENT SCHOOL DISTRICT, a Texas school district organized under the laws of the State of Texas, on behalf of said district. PREPARED IN THE OFFICE OF: Abernathy, Roeder, Boyd & Joplin, P.C. 1700 Redbud Boulevard, Suite 300 McKinney, Texas 75069 2631.0016 — 1OR11763 Page 3 #572399 Notary Public — State of Texas AFTER RECORDING, RETURN TO: Town of Prosper, Texas P. O. Box 307 Prosper, Texas 75078 EXHIBIT A Being a tract of land situated in the Collin County School Land Survey, Abstract No. 147, and being part of a tract conveyed to The Prosper Independent School District as recorded in Volume 20060901001264790, Deed Records of Collin County, Texas and being more particularly described by metes and bounds as follows: Beginning at a capped 1/2 inch iron rod found at the Southeast corner of said Prosper Independent School District tract, said iron rod being in the West Right of Way line of the Burlington Northern Railroad, said iron rod being at the Northeast corner of a tract of land conveyed to Bon Terre-B, Ltd. as recorded in Volume 2005-0130980, D.R.C.C.T.; Thence South 88 degrees 48 minutes 02 seconds West following the South line of said Prosper ISD tract a distance of 1435.53 feet to a capped 1/2 inch iron rod found for corner at the Southeast corner of a 57.00 acre tract as conveyed to the Town of Prosper and recorded in Volume 20070312000330490, D.R.C.C.T.; Thence North 00 degrees 26 minutes 58 seconds West following the East line of said 57.00 acre tract a distance of 1080.75 feet to a capped 1/2 inch iron rod set for corner in a curve to the left with a chord bearing of South 57 degrees 47 minutes 10 seconds East a chord distance of 810.21 feet; Thence along said curve to the left through a central angle of 66 degrees 19 minutes 57 seconds a radius distance 740.50 feet and an arc distance of 857.29 feet to a capped 1/2 inch iron rod set for corner; Thence North 89 degrees 02 minutes 52 seconds East a distance of 772.36 feet to a capped 1/2 inch iron rod set for corner; Thence South 01 degree 02 minutes 34 seconds East a distance of 509.27 feet to a capped 1/2 inch iron rod found for corner in the West ROW line of said Burlington Northern Railroad; Thence South 10 degrees 47 minutes 02 seconds West following the West ROW line of said Burlington Northern Railroad a distance of 124.61 feet to the POINT OF BEGINNING and containing 1,007,991 square feet or 23.140 acres of land, more or less. Page 4 #572399 B xA t1yGL�ml vrry was�w lmMN SlHU :2rdJEJ AOJ 8 1� y emr-rs. krY 7IHdSOLTd i0 NY0.L N i d laum .m, ... tir •ox Mraaser Azams am 7omm mnoo H1TI09 B Ir oil ' flip .! 8, !1 1 � e ,. g jji[[[[el�� a�d�ii: $ , ■�ta �,�i n� xi� g i D E jj3 z a f s1a� 11110 1.511 Ill 10; 1i 9}Si s Mil ill:a INN Rm ll:l !1 h II EXHIBIT B Permitted Encumbrances: 1. Restrictive covenants described in instrument filed 06/24/2008, cc# 20080624000765240 in the Real Property Records of Collin County, Texas. 2. Easement granted by C. B. Shipley to Texas Power & Light Company, dated 11/19/1924, filed 12126/1924, recorded in Volume 254, Page 82, Real Property Records of Collin County, Texas. 3. Mineral lease, and all rights incident thereto, to R. G. Love, described in instrument filed 07/22/1919, recorded in Volume 238, Page 34, Real Property Records of Collin County, Texas. 4. Mineral lease, and all rights incident thereto, to W. F. Russell, described in instrument filed 12/13/1926, recorded in Volume 264, Page 349, Real Property Records of Collin County, Texas. Page 5 0572399 GF No.: 10R11763 DELETION OF ARBITRATION PROVISION (Not Applicable to the Texas Residential Owner Policy) ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the Closing of your real estate transaction or by writing to the Company. The Arbitration provision in the Policy is as follows: "Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an'individual person (as distinguished from an Entity). All arbitrable matters when the Amount of insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction." request deletion of the Arbitration provision. TOWN OF PROSPER, TEXAS By: Mike Land, Town Manager Date Schedule D, Page 1 Form T-7: Commitment for Title Insurance I COMMITMEIT UUMIER 4 PURCHASE PIra 7 ErFECTIVE CATE COMMITMENT: ; CaPMTY TYPE r LOAN AMUIT I; 1OR11763 809,900.00 le 17 03/31/2010 is t s Al 6 e First American Title Insurance Company SCHEDULE A Effective Date: March 31, 2010 GF No. 1OR11763 #AM2 Commitment No. IOR11763 , issued April 15, 2010, 01:30 PM. 1, The policy or policies to be Issued are: (a) OWNER'S POLICY OF TITLE INSURANCE (Form T-1) $ (Not applicable for improved one -to -four family residential real estate) Proposed Insured: TOWN OF PROSPER, TEXAS (b) TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE $ — ONE -TO -FOUR FAMILY RESIDENCES (Form T-1 R) Proposed Insured: (c) LOAN POLICY OF TITLE INSURANCE (Form T-2) $ Proposed Insured: Proposed Borrower: (d) TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-211) $ Proposed Insured: Proposed Borrower: (e) LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) $ Proposed Insured: Proposed Borrower: (f) OTHER $ Proposed Insured: 2. The interest in the land covered by this Commitment is: FEE SIMPLE 3. Record title to the land on the Effective Date appears to be vested in: THE PROSPER INDEPENDENT SCHOOL DISTRICT. By virtue of Warranty Deeds filed 09/01/2006, recorded under cc# 20060901001264790 and filed 06/24/2008, recorded under cc# 20080624000765240, Real Property Records, Collin County, Texas. 809,900.00 4. Legal description of land: Being a tract of land situated in the Collin County School Land Survey, Abstract No. 147, and being part of a tract conveyed to The Prosper Independent School District as recorded in Volume 20060901001264790, Deed Records of Collin County, Texas and being more particularly described on Exhibit A attached hereto and made a part hereof for all purposes. Countersigned at MCKINNEY, TEXAS. This commitment a nvalld unless [he rnsudngprodsionsand Sched• Schedule A —Page 1 Wes A, B. and Care allached. Texas Cep:. eT Dior".. Fare Ee. T•7 REUNION TITLE _ aft bmyu_ LMETTA BODDY, ECQRtW OFFICER Authorized Signatory CITE: C5 IVNIC TFIIE: IC:71 AH First American Title Insurance Company 1OR11763 Exhibit A GF-Number 1OR11763 Being a tract of land situated in the Collin County School Land Survey, Abstract No. 147, and being part of a tract conveyed to The Prosper Independent School District as recorded in Volume 20060901001264790, Deed Records of Collin County, Texas and being more particularly described by metes and bounds as follows: Beginning at a capped 1/2 inch iron rod found at the Southeast corner of said Prosper Independent School District tract, said iron rod being in the West Right of Way line of the Burlington Northern Railroad, said iron rod being at the Northeast corner of a tract of land conveyed to Bon Terre-B, Ltd. as recorded in Volume 2005-0130980, D.R.C.C.T.; Thence South 88 degrees 48 minutes 02 seconds West following the South line of said Prosper ISD tract a distance of 1435.53 feet to a capped 1/2 inch iron rod found for corner at the Southeast corner of a 57.00 acre tract as conveyed to the Town of Prosper and recorded in Volume 20070312000330490, D.R.C.C.T.; Thence North 00 degrees 26 minutes 58 seconds West following the East line of said 57.00 acre tract a distance of 1080.75 feet to a capped 1/2 inch iron rod set for corner in a curve to the left with a chord bearing of South 57 degrees 47 minutes 10 seconds East a chord distance of 810.21 feet; Thence along said curve to the left through a central angle of 66 degrees 19 minutes 57 seconds a radius distance 740.50 feet and an arc distance of 857.29 feet to a capped 1/2 inch iron rod set for corner; Thence North 89 degrees 02 minutes 52 seconds East a distance of 772.36 feet to a capped 1/2 inch iron rod set for corner; Thence South 01 degree 02 minutes 34 seconds East a distance of 509.27 feet to a capped 1/2 inch iron rod found for corner in the West ROW line of said Burlington Northern Railroad; Thence South 10 degrees 47 minutes 02 seconds West following the West ROW line of said Burlington Northern Railroad a distance of 124.61 feet to the POINT OF BEGINNING and containing 1,007,991 square feet or 23.140 acres of land. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. CATS: C411612CIC TINE: 100 PH GF Number: 1OR11763 First American Title Insurance Company COMMITMENT FOR TITLE INSURANCE NO, 1QR11793 SCHEDULED EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attomeys fees and expenses resulting from: 1. The following restrictive covenants of record itemized below (We must either insertspecific recording data or delete this exception): a. Restrictive covenants described in instrument filed 06/24/2008, cc# 200806240007652401 Real Property Records of Collin County, Texas. Any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c), is deleted. [2) 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, orany overlapping of improvements. May be amended to read Shortages in Area in owner policy upon receipt of approved survey and additional premium, no charge for amendment in mortgages policy. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities: a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2010 , and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. Of Texas Short Form Residential Mortgagee Policy (T-213) is issued, that policywill substitute "which become due and payable subsequent to Date of Policy' in lieu of"forthe year 2010 and subsequent years.') 6. The terms and condifions of the documents creating your interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Mortgagee Title Policy binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is Issued.) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Mortgagee Policy (T-2) only.) 9. The Exceptions frorn Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Mortgagee Policy (T 2R). (Applies to Texas Short Form Residential Mortgagee Policy (f-2R) only. Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy (T-2R). (CONTINUED ON NEXT PAGE) Texas Cap". or hsvnaca fern pc. T-7 G7Y: C<12E12CIL ME; 1:38 PH GF Number: 1OR11763 First American Title Insurance Company COMMITMENT FOR TITLE INSURANCE NO. 1.oRIA-763 SCHEDULE B Page 2 10. The following ratters and all terms of the documents creating or offering evidence of the matters (We roust insert matters or delete thls exceotion): a. Easement granted by C.B. Shipley to Texas Power & Light Company, dated 11/19/1924, filed 12/26/1924, recorded in Volume 254, Page 82, Real Property Records of Collin County, Texas. As shown on survey by David J. Surdukan, RPLS 44613, dated 12/02/2009. [61 b. Mineral lease, and all rights incident thereto, to R.G. Love, described in instrument filed 07/22/1919, recorded in Volume 238, Page 34, Real Property Records of Collin County, Texas. Title to said interest not checked subsequent to the date thereof. [71 c. Mineral lease, and all rights incident thereto, to W.F. Russell, described in instrument filed 12/13/1926, recorded in Volume 264, Page 349, Real Property Records of Collin County, Texas. Title to said interest not checked subsequent to the date thereof. [81 d. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. [11) e. Rights of parties in possession and rights of tenants under any unrecorded leases or rental agreements. (may be amended or deleted upon execution of affidavit with respect to parties in possession and tenants at closing.) [31 Tcrar Cep:, of Inccram- rcr■ Yc. 7-7 CA1E: C4I161RCIC TIHE: 1:36 PH GF Number: 10R11763 First American Title Insurance Company COMMITMENT FOR TITLE INSURANCE NO. 1OR11763 SCHEDULE C Your Policywill not cover loss, costs, attorneys fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record, 2. Satisfactory evidence must be provided that: - no person occupying the land claims any interest in that land against the persons named in paragragh 3 of Schedule A, - all standby fees, taxes, assessments and charges against the property have been paid, - all improvements or repairs to the property are completed and accepted bythe owner, and that all contractors, subcontractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or rnaterialmen's liens have attached to the property, - there is legal right of access to and fran the land, - (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matterthat may affect tide to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5. In accordance with Section 11.008 of the Texas Property Code, all deeds and deeds of trust transferring an interest in real property to or from an individual and disclosing that individual's social security number or driver's license number must include the following notice on the top of the first page of the instrument in 12 point bold or uppercase font: 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 DRIVER'S LICENSE NUMBER. [11 6. With respect to item 2 of Schedule C above, the Company will not except in any policies to be issued pursuant to this commitment to `Lack of a right of access to and from the land'. [91 7. Require satisfactory evidence of authority to act on behalf of record owner. [101 Taacf Cep:. of rarvraca rare Ac. 1-7 CATE: C4:15120 C 7TME: 1: N FM First American Title Insurance Company SCHEDULE D No: 1OR11763 Page 1 GF-Number: 1OR11763 The following disclosures are made pursuant to Procedural Rule P-21 promulgated by the Commissioner of Insurance: You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this Commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm, or corporation receiving a portion of the premium from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium * is: Owner Policy $ 4,634.00 Mortgagee Policy $ Endorsement charges $ Other $ Total $ 4,634.00 Of this amount: 15.000W will be paid to the policy issuing Title Insurance Company; 85.000* will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: 65� will be paid to Abernathy, Roeder, Boyd & Joplin, P.C. * The estimated premium is based upon information furnished us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the Commissioner of Insurance. UNDERWRITER First American Title Insurance Company, A California Corporation (wholly owned subsidiary of The First American Corporation, a public company). DIRECTORS; Dennis J. Gilmore, Nark J. Harmeworth, Parker S. Kennedy, Jeffrey S. Robinson and Timothy V. Kemp OFFICERS: President: Dennis J. Gilmore Executive Vice President, Chief Financial Officer; Bark J. Harmsworth Vice President, Secretary; Timothy V. Kemp Executive Vice Prosident, Business Director: John M. Hollenbeck SUBSIDIARY: Reunion Title (Dallas, TK) Charles Gremminger, Manager Michael D. Richards, On -Site Manager Linda Brown, President Dennis Eastland, CFO CATS: :4118:2C1C TIME: 1:38 ►M TITLE PRIVACY STATEMENT of Reunion Me and its underwriters, Flat American Title Insurance Company, Lawyers Title Insurance Corporation, Commemwadth Lnad Title Insurance Company, Stewart Title Guaranty, Title Resources Guaranty Company, Tleor Title Insurance Company, Chicago Title Insurance Company Reunion Title mid its subsidiary and affilia led companies (Reunion") respect the privacy and secin* of your non-public personal information ("Personal Information') and protecting your Personal Information is one of our lop priorities. This Privacy Statement explains Reunion's privacy practices, including how we use The Personal Information we receive from you and from other specified sources, and to whom it maybe disclosed Reunion lollows the privacy practices described in this Privacy Statement and depending on the business performed, Reunion may shame information as described herein Personal Information Collected We may collect Personal Information about )on from the following Sources: • Informationwe receive from you on applications or other forms, Stich as your name, address, social security number, tar Writilication number, asset information, and income information; • Information we rocetve from )on through oar Inlerncl websites, Stich as your name, address, email address, Internet Protocol address, the website links you used to get to ourwebsiles, and your acti<itywhile using or reviewing ourwebsites; • Information abou l your transactions with or services performed by as, an affiliates, or others, Stich as information concerning your polity, premiums, payment hi", information about your home or other real property, information from lenders and other third parties involved in such iransachon, account balances, and credit card information; and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We mayprovide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various mdividuals and companies, as permitted by law, willrout obtaining your prior authorization, Such laws do not allow consumers to restrict these disclosans. Disclosures mayincludc, without limitation, the following • To insurance agents, brokers, representatives, support organizalions, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction: • To lhird-par•ly contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory aulhoriLy; or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental inv sligation; • To companies thai perform marketing senices on our behalf or to other financial nmslitutions with which we have joint marketing agreements; and/or • To lenders, lien holders, judgment creditors, or olhci parties claiming as encumbrance or an interest in lilie whose claim or interest must be determined, set! led, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith; that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or properly and/or to comply with a judicial proceediug, court order or legal process Disclosure to Affiliated Companies - We are permitted by law to share your name, address and facts about your transaction with other related companies, Stich as insurance companies, agents, and other real estate service providers to provido you with services you have requested, for marketing or product development research, or to market produces or services to you. We. do not, however, disclose information we collect from consumer or credit reporting agencieswith our affiliates or others without your consent, in conformitywillr applicable law, unless Stich disclosure is otherwise periml led by law. Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Pow 1 of z Privacy Statement Effecti►e Date: 5/1/2008 Conirdentiallfy and Security of Personal Information We restrict access to Personal Informa lion aboulyou to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that complywilh federal regulations to guard Personal Information Access to Personal Information/ Requests for Corrections Amendment, or Deletion of Personal Information As required by applicable faw, we will afford you the right to access your Pcisonal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion or your Personal Information IIowever, Reunion's current polio is to maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling futmc covraagc claims. For your proleclron, all requests made under this section mast be in writing and must include your notarized signature to establish your idenli . Where permil led bylaw, we may charge a reasonable fee to cover the costs incurred In responding to such requests: Please send requests to. General Counsel Reunion Tillc 2701 West Plano Parkway, Suite 100 Plano, TX 75075 Changes to this Privacy Statement This Privacy Statement may be amended from lime to time consistent with applicable privacy laws. Whenwe amend this Privacy Statement, we will post a notice of such changea on ourwebsite. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Page 2 of 2 Privacy Statement Eftecttve Date: 5/1/2008 PiiSPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Mike Land, Town Manager ADMINISTRATION Agenda Item No. 10 Re: Town Council Meeting — Tuesday May 25, 2010 Date: May 21, 2010 Anenda Item: Discuss and appoint members of the Council to the Finance, Utility, and Economic Development Committees. Description of Agenda Item: The Council has three standing committees that meet on an as needed basis. These committees are made up of the Mayor and two additional Council members. The Finance Committee meets to review investment policy, audit, debt and other financial matters of the Town. The Utility Committee meets to review the Town's Enterprise operations which include water, sewer, solid waste and stormwater drainage. The Economic Development Committee meets to review projects that may be requesting Town economic incentives such as Chapter 380 grants. As stated these committees meet on an as needed bases, reviewing information, data, rates, proposed projects and other information, leading the committee to make a recommendation to the entire Council for its ultimate consideration and decision. Budget Impact: NA Legal Oblinations and Review: NA Attached Documents: NA Town Staff Recommendation: Staff recommends that the Mayor and Council determine which two Council members will join the Mayor in serving as Council Committees for Utilities, Finance and Economic Development review purposes. Agenda Item No. 10 - Page 1 of 1