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07.13.2010 Town Council PacketIOWN OF SPE 1. Call to Order / Roll Call. 2. Invocation and Pledge of Allegiance. AGENDA Regular Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, July 13, 2010 at 6:00 p.m. 3. Announcements of dates and times of upcoming community events. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item without comment and may submit written comments as part of the official record.) 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) June 22, 2010 — Town Council meeting July 7, 2010 — Special Town Council meeting ORDINANCES, RESOLUTIONS, AND AGREEMENTS b. Consider and act upon an ordinance rezoning 113.0± acres, located on the north side of U.S. 380, 2,500f feet west of Dallas Parkway, from Agricultural (A) to Planned Development -Commercial Corridor/Commercial (PD-CC/C). (Z10-0003). (CC) C. Consider and act upon an ordinance rezoning 0.8f acre, located on the south side of First Street, 200f feet east of Coleman Street (202 E. First Street), from Single Family-15 (SF-15) to Downtown Office (DTO). (Z10-0004). (CC) d. Consider and act upon an ordinance rezoning 3.2f acres, located on the northeast corner of F.M. 1385 and Fishtrap Road, from Agricultural (A) to Retail (R). (Z10-0006). (CC) e. Consider and act upon a resolution in support of the SH 289, from the SH 289 at US 380 Interchange to the Grayson County Line, improvements proposed and specifically for the expedited completion of SH 289, from the SH 289 at US 380 Interchange to the Grayson County Line, (CSJ #0091-03-021, #0091- 03-022, #0091-04-050 and #0091-04-055). (HW) f. Consider and act upon a resolution in support of the SH 289 at US 380 Interchange improvements proposed and specifically for the expedited completion of the SH 289 at US 380 Interchange (CSJ #0091-04-054). (HW) g. Consider and act upon 1) an Interlocal Cooperative Agreement between the City of Celina and the Town of Prosper concerning the reconstruction CR 5 (Frontier Parkway) from the Talon Drive to the Dallas North Toll Road. Specifically, the improvements shall include the installation of a two course five inch asphalt surface and three inch gravel base, and 2) adopt a resolution authorizing the Town Manager to execute the same. (F.n Page I of 2 h. Consider and act on a resolution authorizing creation of an Employee Benefits Trust; designating all members of the Town Council to be Trustees of said Trust; and authorizing the Trust to purchase various forms of insurance for the benefit of Town Officers, Employees, Qualified Retirees, and their Dependents. (MG) i. Consider and act on a resolution authorizing participation in TexPool/TexPool Prime and designating authorized representatives. (MG) (The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a "Public Comments Form" and present it to the Town Secretary prior to the meeting.) 5. Other Comments by the Public. REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related items will be recognized on a case -by -case basis, at the discretion of the Mayor and Town Council.) PUBLIC HEARINGS 6. A public hearing to consider and act upon an amendment to the Town's Thoroughfare Plan (Section 13 of the Town's Comprehensive Plan. (CAI 0-0001). (CC) 7. A public hearing to consider and act upon an amendment to Chapter 4, Section 8 of the Zoning Ordinance, regarding paving material requirements for non-residential development. (Z10-0007). (CC) DEPARTMENT ITEMS 8. Discuss and receive input on potential ordinance adoption to address on -street and off-street parking issues. (TE) 9. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 10. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted by the following date and time: Friday, July 9, 2010 at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened. PRO 9�® Matthew D. Denton, TRMC ®I` : Date Noticed Removed v o • o Town Secretary o �r o In addition to any specifically identified Executive Sessi*, Coitpcil may convene into ]OxecutivZ Session under Section 551 of the Texas Government Code at any point during the open meeting to discuss anyIm posed on this agenda. dire Opej°Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene ump Execa&;,•Session, pt bde excens will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will bA en and r A pen`s`.0 n. EX NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The ProspW®" ff"Ai eetings are wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the Town Secretary's Office at (972) 346-2640 or by FAX (972) 347-21 I I. BRAILLE IS NOT AVAILABLE. Page 2 of 2 ISPER OWN OF 1. Call to Order / Roll Call. The meeting was called to order at 6:00 p.m. Roll call was taken by Mayor Smith. MINUTES Regular Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, June 22, 2010 at 6:00 p.m. Council present included: Mayor Ray Smith, Mayor Pro-Tem Kenneth Dugger, Deputy Mayor Pro-Tem Meigs Miller, Dave Benefield, David Vestal, Danny Wilson, and Jason Dixon. Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; Wade Harden, Senior Planner; Matthew Garrett, Finance Director; Michael Bulla, CIP Project Manager; and Matthew Denton, Town Secretary. 2. Invocation and Pledge of Allegiance. The Invocation was given by Randy Chapman, Rhea's Mill Baptist Church Mayor Smith led the Pledge of Allegiance. 3. Announcements of dates and times of upcoming community events. Mike Land, Town Manager, announced TxDoT public meetings for Hwy 380 and Preston Rd. projects. CONSENT AGENDA 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) June 8, 2010 — Town Council Meeting June 14, 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) d. Consider and act on a resolution authorizing the Town Manager to enter into a professional services agreement with Stewart and Brown to perform a Library Needs Assessment for the Prosper Community Library. (ML) Page 1 of 5 e. Consider and act on the 2009-2010 Renewal Proposal Analysis for the selection of group Medical, Dental, Vision, Disability, Life/AD&D, EAP, MERP and FSA insurance and claims administration. (MG) f. Consider and act on a resolution authorizing the Town Manager to negotiate and enter into an agreement with Freedom Document Profit Recovery Consultants for sourcing and managing the Town's copiers and printers, disposing of obsolescent devices and purchasing related capital for said activities. (MG) FINANCIALS g. Consider and act upon the financial statements ending May 31, 2010. (MG) Mayor Pro-Tem Dugger requested item 4c be removed from the consent agenda. Motioned by Councilmember Wilson, seconded by Deputy Mayor Pro-Tem Miller to approve the consent agenda items a, b, and d through g. Motion approved 7-0. C. Consider and act upon 1) an Escrow Agreement between the Town of Prosper and Lighthouse Church related to the future construction of sidewalks along Prosper Trail and Custer Road and 2) a resolution authorizing the Town Manager to execute the same. (HW) Councilmembers Vestal and Benefield stepped down for this item. They filed Conflict of Interests Affidavits with the Town Secretary. Motioned by Mayor Pro-Tem Dugger, seconded by Mayor Smith to approved item 4c. Motion approved 5-0. CITIZEN'S COMMENTS 5. Other Comments by the Public. Chris Blair, Town representative to the UTRWD announced a member's breakfast on July 14t' and invited the council to attend. REGULAR AGENDA PUBLIC HEARINGS 6. A public hearing to consider and act upon a request to rezone 0.8f acre, located on the south side of First Street, 200f feet east of Coleman Street, from Single Family-15 (SF-15) to Downtown Office (DTO). (Z10-0004). (CC) Hulon Webb, Director of Development Services, gave council background information on this item. Motioned by Mayor Pro-Tem Dugger, seconded by Deputy Mayor Pro-Tem Miller to open the public hearing. Motion approved 7-0. Mayor Smith opened the public hearing at 6:10 p.m. Sherry Williams, owner representative, answered questions for council. Page 2 of 5 Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Dixon to close the public hearing. Motion approved 7-0. Mayor Smith closed the public hearing at 6:11 p.m. Motioned by Deputy Mayor Pro-Tem Miller, seconded by Councilmember Vestal to approve the request to rezone 0.8f acre, located on the south side of First Street, 200f feet east of Coleman Street, from Single Family- 15 (SF-15) to Downtown Office (DTO). Motion approved 7-0. 7. A public hearing to consider and act upon a request to rezone 3.2f acres, located on the northeast corner of F.M. 1385 and Fishtrap Road, from Agricultural (A) to Retail (R). (Z10-0006). (CC) Hulon Webb, Director of Development Services, gave council background information on this item. Motioned by Deputy Mayor Pro-Tem Miller, seconded by Councilmember Wilson to open the public hearing. Motion approved 7-0. Mayor Smith opened the public hearing at 6:17 p.m. Cheryl Williams, owner representative, answered questions for council. Motioned by Mayor Pro-Tem Dugger, seconded by Deputy Mayor Pro-Tem Miller to close the public hearing. Motion approved 7-0. Mayor Smith closed the public hearing at 6:18 p.m. Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Dixon to approve the request to rezone 3.2f acres, located on the northeast corner of F.M. 1385 and Fishtrap Road, from Agricultural (A) to Retail (R). Motion approved 7-0. DEPARTMENT ITEMS 8. Capital Improvement Projects Update. (MB) Michael Bulla, CIP Projects Manager, gave council a presentation on the current Capital Improvement Projects going on in town. 9. 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 (Craig Street to Colt Road) and Coit Road (US 380 to First Street) Improvements Project and 3) adopt a resolution authorizing the Town Manager to execute the same. (MB) Michael Bulla, CIP Projects Manager, gave council background information on this item. Motioned by Councilmember Wilson, second by Councilmember Dixon to enter into a contract agreement with Weir Brothers, Inc., regarding the construction services for the First Street (Craig Street to Coit Road) and Coit Road (US 380 to First Street) Improvements Project and adopt a resolution authorizing the Town Manager to execute the same. Motion approved 7-0. Page 3 of 5 10. Staff report and discussion on Finance Committee Meeting held on June 18, 2010. (MG) Mike Land, Town Manager, gave council a report on the June 18, 2010 Finance Committee meeting. 11. Consider and act on a resolution approving a target base salary range assignment for the Town of Prosper employees as provided by Public Sector Personnel Consultants as part of their Town of Prosper Comprehensive Compensation Analysis. (ML) Mike Land, Town Manager, gave council background information on this item. Motioned by Councilmember Dixon, seconded by Mayor Pro-Tem Dugger to approve a resolution stating the Town Council Policy regarding a target base salary range assignment is 100% of the comparator market as adopted by the Town Council on Tuesday May 11, 2010 for the Town of Prosper employees as provided by Public Sector Personnel Consultants as part of their Town of Prosper Comprehensive Compensation Analysis. Motion approved 7-0. 12. Consider and act upon making an appointment to the Planning and Zoning Commission. Motioned by Mayor Pro-Tem Dugger to appoint Chris Blair to the Planning and Zoning Commission position vacated by Jason Dixon. Motion approved 7-0. 13. Consider and act upon making two appointments to the Parks and Recreation Board. Motioned by Mayor Pro-Tem Dugger to appoint Woody Adams to the place formerly held by John Hickey. Motion approved 6-1 with Councilmember Vestal voting "no." Motioned by Deputy Mayor Pro-Tem Meigs Miller to reappoint Michael Lamb to the position he currently holds. Motion approved 4-3 with Mayor Pro -Tern Dugger and Councilmembers Wilson and Dixon voting "no." 14. 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. Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Vestal to recess into closed session. Motion approved 7-0. Council recessed into closed session at 7:11 p.m. 15. Reconvene into regular session and take any action necessary as a result of the closed session. Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Wilson to reconvene into regular session. Motion approved 7-0. Council reconvened into regular session at 7:15 p.m. Motioned by Mayor Pro-Tem Dugger second by Deputy Mayor Pro-Tem Miller to approved addendum Number 1 to the Employment Agreement between the Town of Prosper and Michael Steven Land. Motion approved 7-0. Page 4 of 5 16. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 17. Adjourn. Motioned by Mayor Pro -Tern Dugger, seconded by Councilmember Vestal to adjourn. Motion approved 7-0. Mayor Smith adjourned the meeting at 7:16 p.m. Attest: Matthew D. Denton, TRMC Town Secretary Ray Smith, Mayor Page 5 of 5 ISPER OWN OF 1. Call to Order / Roll Call. The meeting was called to order at 5:35 p.m. Roll call was taken by Mayor Smith. MINUTES Special Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Wednesday, July 7, 2010 at 5:30 p.m. Council present included: Mayor Ray Smith, Mayor Pro-Tem Kenneth Dugger, Deputy Mayor Pro-Tem Meigs Miller, Dave Benefield, David Vestal, Danny Wilson, and Jason Dixon. Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; Matthew Garrett, Finance Director; Frank Jaromin, Public Works Director; Ron Butler, Comptroller; and Matthew Denton, Town Secretary. 2. Discuss 2004, 2006, and 2008 Bond Projects. Mike Land, Town Manager, and Matthew Garrett, Finance Director, led a discussion on using the money from the bonds. 3. Adjourn. Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Benefield to adjourn. Motion approved 7-0. The meeting was adjourned at 6:54 p.m. Attest: Matthew D. Denton, TRMC Town Secretary Ray Smith, Mayor 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. 4b Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting —July 13, 2010 Date: July 8, 2010 Agenda Item: Consider and act upon an ordinance rezoning 113.0± acres, located on the north side of U.S. 380, 2,500t feet west of Dallas Parkway, from Agricultural (A) to Planned Development -Commercial Corridor/Commercial (PD-CC/C). (Z10-0003). Description of Aaenda Item: At the June 8, 2010 meeting, the Town Council approved zoning case Z10-0003, by a vote of 5-0. Town staff has prepared an ordinance rezoning the property. Budget Impact: There are no significant budget implications associated with the approval of this zoning request. Lesial Oblisiations and Review: Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving a zoning request and adopting an ordinance rezoning property. A public hearing has been held and the Town Council approved the zoning case. The ordinance has been prepared. Review of the ordinance by the Town Attorney is not required. Attached Documents: 1. The Ordinance rezoning the property is attached. Town Staff Recommendation: Town staff recommends the Town Council adopt the attached ordinance, rezoning 113.0± acres, located on the north side of U.S. 380, 2,500t feet west of Dallas Parkway, from Agricultural (A) to Planned Development -Commercial Corridor/Commercial (PD-CC/C). Agenda Item No. 4b - Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 10- AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 113.044 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED AGRICULTURAL (A) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-COMMERCIAL/COMMERCIAL CORRIDOR (PD-C/CC); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and determined that Zoning Ordinance No. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from 110 Prosper Property LP ("Applicant") to rezone 113.044 acres of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the below -described property containing 113.044 acres of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development-Commercial/Commercial Corridor (PD- C/CC). The property as a whole and the boundaries for each zoning classification are more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with 1) the statement of intent and purpose, attached hereto as Exhibit `B"; 2) the planned development standards, attached hereto as Exhibit "C"; 3) and the development schedule, attached hereto as Exhibit "E"; which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the Zoning Ordinance. Reproduction for information purposes may from time -to -time be made of the official zoning district map. Written notice of any amendment to this Planned Development District shall be sent to all property owners within two hundred feet (200') of the specific area to be amended. SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5: Penal . Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Savings/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 13TH DAY OF DULY, 2010. APPROVED AS TO FORM: Ray Smith, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary DATE OF PUBLICATION. 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ZIO-0003 WAAAWe y d ®� 9E84 110.935 ACRES off OF THE COILM C 1.7 SIMEY ABS7 CT NO .LLIN CoT AIO. la couN courrtr, TEAS s r llAo' A9Rlm--• - .. - ..._ - --- - - :y_- �-P•�• �(w IInV N' �9aEMy Owam 11 PXOPERfY SURMTYM JONlaY R. LEWIS 1 N. MF%TATE !SE 1000 RESE i 9 O �O' Tox. TE)M 7500E (:v14)'Y7 35M0 I I j — �,��/�✓ MAY 2010 SHEET 1 OF 1 Exhibit "A" LEGAL DESCRIPTION OVERALL TRACT 113.044 ACRES BEING A 113.044 ACRE TRACT OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147 IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS AND BEING ALL OF THAT CALLED 110.94 ACRE TRACT OF LAND DESCRIBED IN DEED TO PROSPER 110 ON 380, LTD., AS RECORDED IN COUNTY CLERKS FILE NO. 20060801001085930 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS (D.R.C.C.T.), SAID 113.044 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING AT A POINT AT THE INTERSECTION OF THE EAST LINE OF SAID 110.94 ACRE TRACT WITH THE APPROXIMATE CENTERLINE OF U.S. HIGHWAY 380 (160' R.O.W.); THENCE ALONG THE APPROXIMATE CENTERLINE OF U.S. HIGHWAY 380 THE FOLLOWING COURSES AND DISTANCES: N 89008" 2" W, A DISTANCE OF 394.97 FEET TO A POINT; S 88-00-03" W, A DISTANCE OF 100.12 FEET TO A POINT; N 89008" 2" W, A DISTANCE OF 651.98 FEET TO A POINT AT THE INTERSECTION OF SAID APPROXIMATE CENTERLINE WITH THE WEST LINE OF SAID 110.94 ACRE TRACT; THENCE DEPARTING SAID APPROXIMATE CENTERLINE, ALONG THE WEST LINE OF SAID 110.94 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: N 01 °21'18" E, A DISTANCE OF 2640.17 FEET TO A POINT; N 88°30'49" W, A DISTANCE OF 426.47 FEET TO A POINT; N 01 000'30" E, A DISTANCE OF 1241.85 FEET TO A POINT AT THE NORTHWEST CORNER OF SAID 110.94 ACRE TRACT; THENCE S 89037'54" E, ALONG THE NORTH LINE OF SAID 110.94 ACRE TRACT, A DISTANCE OF 1529.41 FEET TO A POINT AT THE NORTHEAST CORNER OF SAID 110.94 ACRE TRACT; THENCE ALONG THE EAST LINE OF SAID 110.94 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: S 01 °08'59" W, A DISTANCE OF 1261.09 FEET TO A POINT; S 88049'58" E, A DISTANCE OF 38.62 FEET TO A POINT; S 01 022'37" W, A DISTANCE OF 335.84 FEET TO A POINT; `... S 01 °17'44" W, A DISTANCE OF 638.44 FEET TO A POINT; SHEET 1 OF 2� S 01 °04'26" W, A DISTANCE OF 734.08 FEET TO A POINT; S 01 004'55" W, A DISTANCE OF 925.17 FEET TO THE POINT OF BEGINNING AND CONTAINING 113.044 GROSS ACRES OF LAND MINUS THE AREA IN EXISTING AND PROPOSED RIGHTS -OF -WAY LEAVING 103.164 NET ACRES OF LAND, MORE OR LESS. BEARING SYSTEM BASED ON MONUMENTS FOUND REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, ZONE 4202. THIS DOCUMENT WAS PREPARED UNDER 22 TAC S663.21, AND DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. SHEET 2 OF 2 EXHIBIT "B" PROSPER 110 PLANNED DEVELOPMENT DISTRICT STATEMENT OF INTENT AND PURPOSE The Planned Development District (PD) provides the ability to encourage and accommodate the development of Commercial Business, Business Park, and Retail uses within the Town of Prosper. Commercial District uses will generally provide opportunities for corporate headquarters, retail, educational training centers, assembly/production facilities for technological and scientific industries, office and commercial facilities, all in close association with future thoroughfares. The Commercial Corridor District is similar and compliments the Commercial Business. Facilities will include uses that relate to the geographic location and transportation facilities that are proposed for this area. Site characteristics of Prosper 110, such as topography, thoroughfare locations, proposed uses and development opportunities will formulate a distinctive approach for the Town's future. EXHIBIT "C" PROSPER 110 PLANNED DEVELOPMENT DISTRICT PLANNED DEVELOPMENT STANDARDS Conformance with the Town's Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these Development Standards, the regulations of the Town's Zoning Ordinance (Ordinance No. 05-20 as it currently exists or may be amended). Commercial District - Tract 1: 1.1 Description: Tract 1 is generally located on the subject property as shown on the attached zoning exhibit. This tract shall be developed in accordance with the "C — Commercial" District regulations of the Town of Prosper Zoning Ordinance 05-20 as presently exist or as they may be amended. 2. Commercial Corridor District — Tract 2: 2.1 General Description: The Commercial Corridor District area is intended to provide development opportunities for uses similar to the Town of Prosper's "CC -Commercial Corridor" and "R — Retail" Districts. This area will also include uses that relate to the site location and transportation modes that exist within this area. Commercial Corridor uses shall be permitted throughout Tract 2 as set forth herein. 2.2 Permitted Uses: Land uses allowed within the Commercial Corridor District are as follows: Uses followed by an S are permitted by specific use permit. Uses followed by a C are permitted subject to conditional development standards. Conditional development standards are set forth in Chapter 3, Section 1 of the Town's Zoning Ordinance. • Accessory Building • Administrative, Medical, or Professional Office • Antenna and /or Antenna Support Structure, Commercial C • Antenna and/or Antenna Support Structure, Non -Commercial C • Antique Shop and Used Furniture • Artisan's Workshop • Assisted Care or Living Facility • Athletic Stadium or Field, Private S • Athletic Stadium or Field, Public • Auto Parts Sales, Inside • Automobile Paid Parking Lot/Garage • Automobile Parking Lot /Garage • Automobile Repair, Minor • Automobile Sales, Used S • Automobile Sales/Leasing, New S • Bank, Savings and Loan, or Credit Union • Beauty Salon/Barber Shop • Beer & Wine Package Sales C • Bottling Works • Building Material and Hardware Sales, Major • Building Material and Hardware Sales, Minor • Bus Terminal C • Business Service Cabinet/Upholstery Shop Car Wash C Caretaker's /Guard's Residence Cemetery or Mausoleum S Civic/Convention Center College, University, Trade, or Private Boarding School Commercial Amusement, Indoor Commercial Amusement, Outdoor S Community Center Convenience Store with Gas Pumps C Convenience Store without Gas Pumps Dance Hall S Day Care Center, Adult S Day Care Center, Child C Day Care Center, Incidental S Dry Cleaning, Minor Fairgrounds/Exhibition Area S Farm, Ranch, Stable, Garden, or Orchard Flea Market, Inside Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority Furniture, Home Furnishing and Appliance Store Gas Pumps C General Manufacturing/Industrial Use Complying with Performance Standards Golf Course and/or Country Club Governmental Office Gunsmith Gymnastics/Dance Studio Health/Fitness Center Helistop S Homebuilder Marketing Center Hospital Hotel C House of Worship Household Appliance Service and Repair Indoor Gun Range S Insurance Office Laundromat Limited Assembly and Manufacturing Use Complying with Performance Standards Locksmith/Security System Company Machine Shop Massage Therapy, Licensed Mini-Warehouse/Public Storage S Mortuary/Funeral Parlor Motel C Motorcycle Sales/Service S Municipal Uses Operated by the Town of Prosper Museum/ Art Gallery Nursery, Major Nursery, Minor Office and Storage for Public/Private Utility Office/Showroom Office/Warehouse/Distribution Center Open Storage Park or Playground • Pet Day Care C • Print Shop, Major • Print Shop, Minor • Private Club S • Private Recreation Center • Private Utility, Other Than Listed • Recreational Vehicle Sales and Service, New/Used S • Recycling Center S • Recycling Collection Point • Rehabilitation Care Institution S • Research and Development Center C • Residence Hotel C • Restaurant or Cafeteria • Restaurant, Drive In • Retail Stores and Shops • Retail/Service Incidental Use • School District Bus Yard C • School, Private or Parochial • School, Public • Sewage Treatment Plant/ Pumping Station S • Small Engine Repair Shop • Stealth Antenna, Commercial C • Storage or Wholesale Warehouse • Taxidermist • Telephone Exchange • Temporary Building C • Theater, Neighborhood • Theater, Regional • Trailer Rental • Transit Center • Utility Distribution/ Transmission Facility S • Veterinarian Clinic and/or Kennel, Indoor • Veterinarian Clinic and/or Kennel, Outdoor • Water Treatment Plant S • Winery 2.3 Size of Yards: 2.3.1 Minimum Front Yard: Thirty (30) feet for one (1) or two (2) story buildings, fifty (50) feet for buildings taller than two (2) stories 2.3.2 Minimum Side Yard: 2.3.2.1 Fifteen (15) feet adjacent to a nonresidential district. The minimum side yard setback may be eliminated for attached buildings on separate lots as shown on an approved site plan. 2.3.2.2 Forty (40) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a two (2) story building adjacent to a residential district. 2.3.2.3 Thirty (30) feet adjacent to a street. 2.3.3 Minimum Rear Yard: 2.3.3.1 Fifteen (15) feet adjacent to a nonresidential district. The minimum rear yard setback may be eliminated for attached buildings on separate lots as shown on an approved site plan. 2.3.3.2 Forty (40) feet for one (1) story building adjacent to a residential district and sixty (60) feet for a two (2) story building adjacent to a residential district. 2.4 Size of Lots: 2.4.1 Minimum Size of Lot Area: Ten thousand (10,000) square feet. 2.4.2 Minimum Lot Width: One Hundred (100) feet. 2.4.3 Minimum Lot Depth: One Hundred (100) feet. 2.5 Maximum Height: Eight (8) stories, not greater than one hundred (100) feet. Where buildings or structures exceed forty (40) feet in height, such buildings or structures shall not be located closer to any residential district boundary line than a distance equal to the sum of the required side or rear yard specified plus twice the height of the building above forty (40) feet. 2.6 Maximum Lot Coverage: Sixty (60) percent. 2.7 Maximum Floor Area Ratio: 1.5:1. 2.8 Conceptual Development Plan: Prior to application for a preliminary site plan for any tract of land within a given area in the Commercial Corridor District area (Tract 2), a Conceptual Development plan shall be submitted, receive a recommendation from the P&Z Commission and approved by the Prosper Town Council. This Conceptual Development Plan shall only be required for the general area within which development is to occur. This general area shall be bounded by major thoroughfares, ownership lines, creekways or other physical barriers that define a geographic boundary that separates the area of interest from other parcels within the Commercial Corridor District area. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Conceptual Development plan. Changes of detail on these final development plan(s) that differ from the Conceptual Development plan may be authorized by the Planning & Zoning Commission, with their approval of the final development plan(s) and without public hearing, if the proposed changes do not: 1. alter the basic relationship of the proposed development to adjacent property, 2. alter the uses permitted, 3. increase the density, 4. increase the building height, 5. increase the coverage of the site, 6. reduce the off-street parking ratio, 7. reduce the building lines provided at the boundary of the site, or 8. significantly alter any open space plans. If the Director of Development Services or the Planning & Zoning Commission determines that the proposed change(s) violates one (1) or more of the above eight (8) criteria, then a public hearing must be held to adequately amend the Conceptual Development Plan that is attached to the PD, prior to the Planning & Zoning Commission's approval of the final development plan(s). 3. GENERAL CONDITIONS: 3.1 Amendment to the Planned Development District: 3.1.1 At such time a request to amend the PD is submitted, only the person initiating the request shall be named as the "Applicant". All owners of property within the boundaries of the PD are not required to be applicants for amendments to the PD, unless the requested amendments directly affect their property. 3.1.2 The notification area shall be two hundred (200) feet from the subject property listed on the application as defined by a separate boundary survey or exhibit. The notification area shall meet state law as exists or may be amended. 3.2 Conformance to all applicable articles of the Prosper Zoning Ordinance: Except as amended herein, this PD shall conform to any and all applicable articles and sections of the Prosper Zoning Ordinance as it presently exist or may be amended. 3.3 General Compliance: Except as amended by this Ordinance, development of property within this PD must comply with the requirements of all ordinances, rules and regulations of the Town of Prosper as they exist or may be amended. EXHIBIT "E" PROSPER 110 PLANNED DEVELOPMENT DISTRICT DEVELOPMENT SCHEDULE It is anticipated that the development of Prosper 110 will begin within 2 to 10 years after approval and signing of the zoning ordinance. During this time period, prior to the initial stages of development, it is foreseen that plans and studies will be prepared for development and marketing of the property. Progress of development improvements will primarily depend on time frames established for construction of thoroughfares, utilities, and market trends/demands for the area. It is anticipated that the development of Prosper 110, excluding total construction of all structures, will be completed within 15 to 25 years of zoning approval. IOSPER WN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Chris Copple, AICP, Senior Planner PLANNING Agenda Item No. 4c Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — July 13, 2010 Date: July 8, 2010 Agenda Item: Consider and act upon an ordinance rezoning 0.8t acre, located on the south side of First Street, 200t feet east of Coleman Street (202 E. First Street), from Single Family-15 (SF-15) to Downtown Office (DTO). (Z10-0004). Description of Agenda Item: At the June 22, 2010 meeting, the Town Council approved zoning case Z10-0004, by a vote of 7-0. Town staff has prepared an ordinance rezoning the property. Budget Impact: There are no significant budget implications associated with the approval of this zoning request. Lenal Oblinations and Review: Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving a zoning request and adopting an ordinance rezoning property. A public hearing has been held and the Town Council approved the zoning case. The ordinance has been prepared. Review of the ordinance by the Town Attorney is not required. Attached Documents: 1. The Ordinance rezoning the property is attached. Town Staff Recommendation: Town staff recommends the Town Council adopt the attached ordinance, rezoning 0.8t acre, located on the south side of First Street, 200t feet east of Coleman Street (202 E. First Street), from Single Family-15 (SF-15) to Downtown Office (DTO). Agenda Item No. 4c - Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 10- AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 0.7805 ACRE, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147 (202 EAST FIRST STREET), IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-15 (SF-15) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF DOWNTOWN OFFICE (DTO); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and determined that Zoning Ordinance No. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from J.W. Carpenter ("Applicant") to rezone 0.7805 acre of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147 (202 East First Street), in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the property containing 0.7805 acre of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147 (202 East First Street), in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Downtown Office (DTO). The Property as a whole and for this zoning classification is more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes as if set forth verbatim. All development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Inspector and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time -to -time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200') of the District to be amended. SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5: Penal . Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Savings/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 13`h DAY OF DULY, 2010. ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary DATE OF P UBLICATION. 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AT'r .trl liF .t,��' �.y '^�l��Qlf �.N.J 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. 4d Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — July 13, 2010 Date: July 8, 2010 Agenda Item: Consider and act upon an ordinance rezoning 3.2t acres, located on the northeast corner of F.M. 1385 and Fishtrap Road, from Agricultural (A) to Retail (R). (Z10-0006). Description of Agenda Item: At the June 22, 2010 meeting, the Town Council approved zoning case Z10-0006, by a vote of 7-0. Town staff has prepared an ordinance rezoning the property. Budget Impact: There are no significant budget implications associated with the approval of this zoning request. Legal Obligations and Review: Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving a zoning request and adopting an ordinance rezoning property. A public hearing has been held and the Town Council approved the zoning case. The ordinance has been prepared. Review of the ordinance by the Town Attorney is not required. Attached Documents: 1. The Ordinance rezoning the property is attached. Town Staff Recommendation: Town staff recommends the Town Council adopt the attached ordinance, rezoning 3.2t acres, located on the northeast corner of F.M. 1385 and Fishtrap Road, from Agricultural (A) to Retail (R). Agenda Item No. 4d - Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 10-_ AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 3.24 ACRES, MORE OR LESS, SITUATED IN THE W. LUMPKIN SURVEY, ABSTRACT NO. 730, IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS, HERETOFORE ZONED AGRICULTURAL (A) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF RETAIL (R); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and determined that Zoning Ordinance No. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Redfish Bluefish Partnership Fund ("Applicant") to rezone 3.24 acres of land, more or less, situated in the W. Lumpkin Survey, Abstract No. 730, in the Town of Prosper, Denton County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the property containing 3.24 acres of land, more or less, situated in the W. Lumpkin Survey, Abstract No. 730, in the Town of Prosper, Denton County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Retail (R). The Property as a whole and for this zoning classification is more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes as if set forth verbatim. All development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Inspector and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time -to -time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200') of the District to be amended. SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5: Penal . Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Savings/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 13t` DAY OF DULY, 2010. APPROVED AS TO FORM: Ray Smith, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary DATE OF PUBLICATION. , Dallas Morning News — Collin County Addition EXHIBIT A 3.24 ACRE TRACT DENTON COUNTY, TEXAS BEING a tract of land located in the W. LUMPKIN SURVEY, ABSTRACT NO.730, Denton County, Texas and being all of a tract of land described in Deed to Red Fish Blue Fish P/S Fund, Ltd., recorded in Document No. 2006-112136, Deed Records, Denton County, Texas and being a portion of Farm -to -Market Road No. 1385 (F.M. 1385) and Fishtrap Road and being more particularly described as follows: BEGINNING at the intersection of the approximate centerline of F.M. 1385 with the approximate centerline of Fishtrap Road, said point being at the beginning of a curve to the right having a central angle of 69 degrees 48 minutes 39 seconds, a radius of 319.65 feet and a chord bearing and distance of North 47 degrees 01 minutes 58 seconds East, 365.82 feet; THENCE Northeasterly, along said centerline of F.M. 1385 and said curve to the right, an arc distance of 389.47 feet to a point for corner at the beginning of a non -tangent curve to the left having a central angle of 53 degrees 48 minutes 10 seconds, a radius of 319.71 feet and a chord bearing and distance of North 57 degrees 42 minutes 28 seconds East, 289.31 feet; THENCE Northeasterly, continuing along said centerline and along said curve to the left, an arc distance of 285.37 feet to a point for corner; THENCE South 59 degrees 11 minutes 37 seconds East, a distance of 40.00 feet to a point in the East right-of-way line of said F.M. 1385 at the north corner of said Red Fish tract; THENCE South 03 degrees 50 minutes 14 seconds West, leaving said East right-of-way line and along the East line of said Red Fish tract, a distance of 429.54 feet to a point in said centerline of Fishtrap Road; THENCE North 85 degrees 00 minutes 56 seconds West, along said centerline of Fishtrap Road, a distance of 519.83 feet to the POINT OF BEGINNING and containing 3.24 acres of land, more or less. NOTE:This description is not based upon an actual on the ground survey by the undersigned, it is for zoning purposes and derived from the existing boundary survey performed by Jerald D. Yensen, R.P.L.S. No. 4561, Dated July 13, 2005. • SEAN SHROPSHIRE Sean hropshire wo •Registered Professional Land Surveyor No. 5674 al'ivrrR OpIRW1R na,Y101R 00t. NNONR 1LN M 'lL3tlVd3tld � • , ULR-RCR-YlZ SNVIIIN 3Aa3Iq S3VOS OOIdVW / -YAV1N353HdM OOML SV U 'NOSOSVHORI / OOC 31V15 f 'JOB AVM553iAQ lVN1N3O 'N N)L I ONrU dIHS83Nl8Vd HSL43me HSIA03a 'H3NW :37v05 OIOZ AYW / I,04-,t SVx31 'AIN000 NOIN30 RxOilwll! 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A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY SUPPORTING THE SH 289, FROM THE SH 289 AT US 380 INTERCHANGE TO THE GRAYSON COUNTY LINE, IMPROVEMENTS PROPOSED AND SPECIFICALLY FOR THE EXPEDITED COMPLETION OF SH 289, FROM THE SH 289 AT US 380 INTERCHANGE TO THE GRAYSON COUNTY LINE, (CSJ #0091-03- 021, #0091-03-022, #0091-04-050 AND #0091-04-055). NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: WHEREAS, improved traffic mobility in this region will compliment economic development, improve air quality, advance traffic safety, and generally enhance the quality of life for all residents; and SECTION 2: WHEREAS, the Regional Transportation Council (RTC) allocated Regional Toll Revenue (RTR) funds for paving, grading and drainage improvements for SH 289 from the SH 289 at US 380 Interchange to the Grayson County Line (CSJ #0091-03-021, #0091-03-022, #0091-04-050 and #0091-04-055); and SECTION 3: WHEREAS, in the 2003 Bond Program, Collin County allocated funds for SH 289 from the SH 289 at US 380 interchange to the Grayson County Line. (2007 Bond #03-127); and SECTION 4: WHEREAS, the Texas Department of Transportation (TxDOT), the Town of Prosper, the City of Celina and Collin County are proceeding through the environmental approval process and desire (1) the issuance of a Finding of No Significant Impact (FONSI) approval at the earliest possible date and (2) the construction of SH 289, from the SH 289 at US 380 Interchange to the Grayson County Line, so to enhance mobility in the region and achieve the resulting economic and social benefits; and SECTION 5: WHEREAS, the Town is in support of the SH 289, from the SH 289 at US 380 Interchange to the Grayson County Line, improvements proposed and specifically for the expedited completion of SH 289, from the SH 289 at US 380 Interchange to the Grayson County Line, (CSJ #0091-03-021, #0091-03-022, #0091-04- 050 and #0091-04-055); and SECTION 6: WHEREAS, the Town urges the Texas Department of Transportation (TxDOT) to make every effort to expedite the issuance of the Finding of No Significant Impact (FONSI) and environmental approval of SH 289, from the SH 289 at US 380 Interchange to the Grayson County Line, project. SECTION 7: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 13th day of July, 2010. Ray Smith, Mayor ATTEST TO: Matthew Denton Town Secretary lt7 7-vm qF TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY SUPPORTING THE SH 289 AT US 380 INTERCHANGE IMPROVEMENTS PROPOSED AND SPECIFICALLY FOR THE EXPEDITED COMPLETION OF THE SH 289 AT US 380 INTERCHANGE (CSJ #0091-04-054). NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: WHEREAS, improved traffic mobility in this region will compliment economic development, improve air quality, advance traffic safety, and generally enhance the quality of life for all residents; and SECTION 2: WHEREAS, the Regional Transportation Council (RTC) allocated Regional Toll Revenue (RTR) funds for paving, grading and drainage improvements for the SH 289 at US 380 Interchange (CSJ #0091-04-054); and SECTION 3: WHEREAS, in the 2007 Bond Program, Collin County allocated funds for SH 289 at US 380 Interchange (2007 Bond #07-00-02); and SECTION 4: WHEREAS, the Texas Department of Transportation (TxDOT), the City of Frisco, the Town of Prosper and Collin County are proceeding through the environmental approval process and desire (1) the issuance of a Finding of No Significant Impact (FONSI) approval at the earliest possible date and (2) the construction of the SH 289 at US 380 Interchange so to enhance mobility in the region and achieve the resulting economic and social benefits; and SECTION 5: WHEREAS, the Town is in support of the SH 289 at US 380 Interchange improvements proposed and specifically for the expedited completion of the SH 289 at US 380 Interchange (CSJ #0091-04-054); and SECTION 6: WHEREAS, the Town urges the Texas Department of Transportation (TxDOT) to make every effort to expedite the issuance of the Finding of No Significant Impact (FONSI) and environmental approval of the SH 289 at US 380 Interchange project. SECTION 7: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 13t' day of July, 2010. Ray Smith, Mayor ATTEST TO: Matthew Denton Town Secretary f P TOWN ER To: Mayor and Town Council Public Works From: Frank E. Jaromin, P.E., Director of Public Works CC: Mike Land, Town Manager Re: Town Council Meeting — July 13, 2010 Date: July 9, 2010 Agenda Item: Item 4g Consider and act upon 1) an Interlocal Cooperative Agreement between the City of Celina and the Town of Prosper concerning the reconstruction CR 5 (Frontier Parkway) from Talon Drive to the Dallas North Toll Road. Specifically, the improvements shall include the installation of a two course five inch asphalt surface and three inch gravel base, and 2) adopt a resolution authorizing the Town Manager to execute the same. Description of Agenda Item: In conjunction with the construction of the Community Park and the recent opening of the new Prosper High School it is necessary to improve Frontier Parkway with a two course five inch asphalt surface and a three inch gravel base between Talon Drive Oust east of the BNSF rail crossing) and the DNT. Due to the delayed start on the ultimate construction of Frontier Parkway (6 lane concrete between Preston Rd. and the DNT) both Prosper and Celina began to look at other options to improve the road in the interim. Two other options were considered; the first was to install of 1" of asphalt for the cost of $101,000.00 and the second option considered laying two inches of asphalt for $175,000.00. Ultimately Frontier Parkway between Preston and the DNT is being funded by Collin County via the 2007 Bond approved by voters and the City of Celina, with construction not anticipated to begin with for another five to seven years, After several meetings between the Mayor's, Commissioner Shaheen, and staff, the recommended course of action was developed. With this project Frontier Parkway will be constructed with the 3 inches of gravel base and 5 inches of asphalt. The contract will be awarded and managed by the Town of Prosper. Because of the length of time before the final construction of Frontier Parkway takes place the 5 inch asphalt solution was chosen to help ensure that the roadway holds up for the entire interim period of time. The Public Works Department anticipates the schedule for Frontier Parkway Improvements to be as follows: advertisement starting July 16, 2010, bid opening on August 04, 2010 with the bid awarded during the second Council meeting in August. Construction should start early to mid September with the construction time being less than one month. Agenda Item No. 4g - Page 1 of 2 Budnet Impact: After the Town of Prosper accepts the bid, the City of Celina will supply the Town of Prosper with the sum of one hundred and eighty thousand dollars ($180,000.00) to be applied toward the construction costs for the improvements. The payments will be split, with $90,000 paid within fourteen days of the projects notice to proceed and the balance due after final acceptance of the project. Any cost overruns associated with the construction of the improvements will shared equally with both parties requiring agreement in advance. This is a not to exceed cost. The funds for this project will be coming out of the 2008 Certificate of Obligation. Lesial Oblisiations and Review: The Interlocal Cooperative Agreement was review and approved by the Town Attorney. Attached Documents: The following documentation is being provided for review: 1. Interlocal Cooperative Agreement 2. Resolution authorizing the Town Manager to execute the agreement 3. Map of the Project Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council: 1) approve an Interlocal Cooperative Agreement between the Town of Prosper and City of Celina concerning the reconstruction CR 5 (Frontier Parkway) from Talon Drive to the Dallas North Toll Road. Specifically, the improvements shall include the installation of a two course five inch asphalt surface and three inch gravel base, and 2) adopt a resolution authorizing the Town Manager to execute the same. Agenda Item No. 4g - Page 2 of 2 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE TOWN OF PROSPER AND THE CITY OF CELINA CONCERNING THE RECONSTRUCTION OF CR 5 (FRONTIER PARKWAY) WHEREAS, the Town of Prosper, Texas ("Town") and City of Celina, Texas ("City") desire to enter into an agreement concerning the Reconstruction of CR 5 (Frontier Parkway), Collin County, Texas ("Agreement"); and WHEREAS, Town and the City mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act (the "Act"), which authorizes Texas local governments to contract with one or more other local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the Town and the City have determined that the improvements may be constructed most economically by implementing this Agreement. NOW, THEREFORE, this Agreement is made and entered into by the Town and the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The Town shall arrange for construction improvements to CR 5 (Frontier Parkway) from Talon Drive to the Dallas North Toll Road (the "Project"). Specifically, the improvements shall include the installation of a two course five inch (5") asphalt and three inch (3") compacted gravel base ("Improvements") for the project. The Town and City shall both approve of the construction specifications prior to the project being bid for construction. Upon completion of the Project, the Town and the City shall have final review of Improvements made, before final acceptance of the Project. ARTICLE II. The Town estimates the total actual cost of the Project to be three hundred and sixty thousand dollars ($360,000.00). The Town and the City agree to fund equally the cost to construct the Project in an amount not to exceed one hundred eighty thousand dollars ($180,000.00). The City shall remit (50%) percent of the amount ninety thousand dollars ($90,000.00) to the Town within fourteen (14) days after issuing a notice to proceed for construction of the Project as authorized by the Town Council and the Town requests payment with the balance due upon completion and acceptance of the project by the Town and the Town request Payment. The "total cost of the Project" shall include the design, bid process, construction, inspection, and testing. ARTICLE III. If the total cost to construct the Project exceeds the amount estimated in Article II above, the Town and the City shall pay equally for the excess costs, if both Town and the City agree with said increases. ARTICLE IV. The Town shall prepare for the City an itemized statement specifying project costs that have been incurred to date at one hundred (100%) percent complete. ARTICLE V. The Town and the City agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VI. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas, and that exclusive venue shall lie in Collin County, Texas. ARTICLE VII. SEVERABILITY. The provisions of this agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. ARTICLE VIII. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. ARTICLE IX. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. ARTICLE X. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, neither parry waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ARTICLE XI. TERM. This Agreement shall be effective upon execution by both parties and shall continue in effect for three (3) one-year terms. This Agreement shall automatically renew annually during this three-year period. ARTICLE XII. DEFAULT. In the event of a breach of this Agreement by either Party, the other Party may pursue any remedies available to it at law or in equity. ARTICLE XIII. NOTICES. Any notice required or permitted under this Agreement shall be given when actually delivered as certified mail addressed as follows: To Town: Town of Prosper Attention: Mike Land 121 W. Broadway Prosper, Texas 75078 To City: City of Celina Attention: Jason Gray 142 N. Ohio Celina, Texas 75009 ARTICLE XIV. CUMULATIVE REMEDIES. All rights and remedies of the Parties under this Agreement shall be cumulative, and none shall exclude any other right or remedy provided by law, or by any other provisions of the Agreement. All such rights and remedies may be exercised and enforced concurrently and whenever, and as often, as occasion for their exercise arises. ARTICLE XV. WAIVER OF BREACH. A waiver by either Party of a breach of the Agreement by the other Party does not constitute a continuing waiver or a waiver of any subsequent breach of the Agreement. ARTICLE XVI. PARTIES BOUND. The Agreement shall be binding upon, and inure to the benefit of, the Parties to the Agreement and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Agreement. ARTICLE XVII. NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the Parties do not intend to create any third party beneficiaries by entering into this Agreement. ARTICLE XVIII. INCORPORATION OF RECITALS. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into the body of this Agreement and adopted as findings of the Parties. ARTICLE XIX. CONSIDERATION. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. ARTICLE XX. COUNTERPARTS. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. ARTICLE XXI. AUTHORITY TO EXECUTE. The individuals executing this Agreement on behalf of the respective Parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the Party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the Party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. ARTICLE XXII. FORCE MAJEURE. Neither Town and the City shall be required to perform any term, condition, or covenant in the Agreement so long as performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riots, floods, and any other cause not reasonably within the control of Town or City and which by the exercise of due diligence Town or City unable, wholly or in part, to prevent or overcome. ARTICLE XXIII. MISCELLANEOUS DRAFTING PROVISIONS. This Agreement shall be deemed drafted equally by the 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. ATTEST: TOWN OF PROSPER, TEXAS By: Name Title: Date: APPROVED AS TO FORM: Name Abernathy Roeder Boyd & Joplin P.C. Rebecca Brewer, Town Attorney Title: Town Attorney Date: �: Name: Mike Land Title Town Manager Date: Executed on behalf of the Town of Prosper Pursuant to Town Council Resolution No. ATTEST: By: Name: Title: Date: APPROVED AS TO FORM: Date: STATE OF TEXAS COUNTY OF COLLIN CITY OF CELINA, TEXAS Name: Jason Gray Title: City Manager Date: Executed on behalf of the City of Celina Pursuant to City Council Resolution No. This instrument was acknowledged before me on the day of , 2010 by Mike Land, Town Manager of the Town of Prosper, a Texas municipal corporation, on behalf of the corporation. Notary Public, State of Texas STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the day of , 2010 by Jason Gray, City Manager of the City of Celina, a Texas municipal corporation, on behalf of the corporation. Notary Public, State of Texas Print preview: 'Town of Prosper, 'Texas Page 1 of 2 II Town of Prosper, Texas Pis- P-tR QP� PROSPER ML Scale: 1 inch = 1968 feet TALON DRI E 2 W V Z 4--r E PROSPEF DISCLAIMER. The Town of Prosper has prepared this map or information for internal use only. It is made available under the Public Information Act. Any reliance on this map or information is AT YOUR OWN RISK. Prosper assumes no 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. 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 http://pmaps.friscotexas.gov/Default.aspx 7/8/2010 iSPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Matthew B. Garrett, Finance Director CC: Mike Land, Town Manager Re: Town Council Meeting — July 13, 2010 Date: July 08, 2010 Agenda Item: Administration Agenda Item No. 4h Consider and act on a resolution authorizing creation of an Employee Benefits Trust; designating all members of the Town Council to be Trustees of said Trust; and authorizing the Trust to purchase various forms of insurance for the benefit of Town Officers, Employees, Qualified Retirees, and their Dependents. Description of Agenda Item: State of Texas law imposes taxes on gross premiums paid for employee insurance. Setting up this single, nonprofit Trust will exempt those premiums from taxable gross premiums as allowed under the Insurance Code. The Insurance Code, under TITLE 3. DEPARTMENT FUNDS, FEES, AND TAXES, SUBTITLE B. INSURANCE PREMIUM TAXES, CHAPTER 222.002 (c) reads... (c) The following are not included in determining an insurer's taxable gross premiums or a health maintenance organization's taxable gross revenues: (5) premiums or revenues paid on group health, accident, and life policies or contracts in which the group covered by the policy or contract consists of a single nonprofit trust established to provide coverage primarily for employees of: (A) a municipality, county, or hospital district in this state; Budget Impact: The current fiscal year budget may not be affected given the timing of this resolution. It is estimated this change will save the Town $4,600 in the FY10-11 Budget, and more as Town premiums increase with inflation and new employees added to the plans. Legal Obligations and Review: This resolution and accompanying documents were reviewed and revised by Gus Fields and Gary Lawson of Strasburger & Price, LLP. Agenda Item No. 4h - Page 1 of 2 Attached Documents: Resolution Declaration of Trust Document Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council approve the resolution authorizing creation of an Employee Benefits Trust; designating all members of the Town Council to be Trustees of said Trust; and authorizing the Trust to purchase various forms of insurance for the benefit of Town Officers, Employees, Qualified Retirees, and their Dependents. Agenda Item No. 4h - Page 2 of 2 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AUTHORIZING CREATION OF AN EMPLOYEE BENEFITS TRUST; DESIGNATING ALL MEMBERS OF THE TOWN COUNCIL TO BE TRUSTEES OF SAID TRUST; AND AUTHORIZING THE TRUST TO PURCHASE VARIOUS FORMS OF INSURANCE FOR THE BENEFIT OF TOWN OFFICERS, EMPLOYEES, QUALIFIED RETIREES, AND THEIR DEPENDENTS. WHEREAS, the Town of Prosper, Texas (the "Town") provides or offers various employee benefits to its employees, including health, dental, and life insurance, and disability benefits; and WHEREAS, state law imposes a tax upon the receipt of gross premiums and revenues associated with such benefits; and WHEREAS, state law also authorizes the exemption of such premiums and revenues from state law, provided that the Town establishes and maintains the funds under the ownership and control of a single, nonprofit trust; and WHEREAS, the Town Council of the Town finds it to he in the public interest to authorize the creation of an Employee Benefits Trust for the reasons provided above; now, therefore, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: Section 1. The Town Council hereby authorizes creation of an Employee Benefits Trust, designating all members of the Town Council to be Trustees of said Trust, and authorizing the Trust to purchase various forms of insurance for the benefit of Town officers, employees, qualified retirees, and their dependents, all of which is pursuant to the Declaration of Trust attached as Exhibit "A." PASSED, APPROVED, AND RESOLVED this 13`t' day of July 2010. Ray Smith, Mayor ATTEST: Matthew D. Denton, Town Secretary EXHIBIT "A" DECLARATION OF TRUST I. CREATION OF TRUST The Town of Prosper ("Town"), as Settlor or creator of the trust, designates the members of the Town of Prosper Town Council to be Trustees and declares that the Town holds in trust the funds described in Schedule A attached hereto and incorporated herein by reference, which is the property of the Town, and all substitutions and additions to such funds, for the purpose of providing or offering, whether now or possibly in the future, life, disability, sick, accident, and other health benefits to the Town's officers, employees, and qualified retirees and their dependents. II. PURPOSE This is a nonprofit trust created for the purpose of providing or offering, whether now or possibly in the future, Town officers, employees, and qualified retirees and their dependents with life, disability, sickness, accident, and other health benefits either directly or through the purchase of insurance and to perform operations in furtherance thereof. The Trust is intended to qualify as a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code (the "Code"). DURATION The Trust shall continue until terminated by operation of law or by majority vote of the Trustees. IV. TRUSTEES: COMPOSITION, OFFICERS, COMPENSATION, AND MEETINGS A. Composition. The Trustees are the members of the Town Council, and each Trustee's term is contemporaneous with his or her term of office as a Member of the Town Council. Whenever a Trustee ceases to be a member of the Town Council, the person succeeding him or her in office will automatically be appointed to serve as a successor Trustee of the Trust. B. Officers. The Mayor shall serve as Chairman and shall preside at meetings of the Trustees and shall have all such other powers as are conferred herein or by majority vote of the Trustees at a duly called meeting at which a quorum is present. The Mayor Pro Tern shall serve as Vice Chairman and shall preside at meetings of the Trustees whenever the Chairman is absent. The Secretary shall rotate, coinciding with the Town's Fiscal Year, between the Councilmembers F) based upon their designated places, skipping the Mayor Pro Tern and beginning with the Councilmember for Place 1. The Secretary will oversee the preparation of meeting agendas, giving notice of meetings to the Trustees, and the minutes of the meetings of the Trustees. C. Compensation. The Trustees shall be reimbursed for all reasonable and necessary expenses incurred by them in the performance of their duties and will otherwise receive no compensation for their service as Trustees. D. Meetings. A meeting of the Trustees may be called by the Chairman or on written request to the Chairman by two or more Trustees. Trustees shall have at least three days written notice of any meeting. For purposes of this section, electronic mail notice is written notice. V. RIGHTS, POWERS, AND DUTIES OF TRUSTEES; QUORUM AND VOTING A. Rights, Powers, and Duties. In addition to all other powers and duties conferred on them by this Trust document and imposed or authorized by law, the Trustees shall have the following powers and duties, but only to the extent permissible for a single purpose non-profit trust under Section 222.002(c)(5) of the Texas Insurance Code: 1. The Trustees shall carry out all of the duties necessary for the proper operation and administration of the Trust on behalf of the covered persons and shall have all the powers necessary and desirable for the effective administration of the affairs of the Trust. 2. The Trustees have the general power to make and enter into all contracts, leases, and agreements necessary or convenient to carry out any of the powers granted by this Trust document or by law or to effectuate the purpose of the Trust. All such contracts, leases, and agreements or any other legal documents herein authorized shall be approved by the Trustees by majority vote at a duly called meeting at which a quorum is present and signed by the Chairman on behalf of the Trust. The Trustees may also designate another Trustee to sign such documents. 3. The Trustees shall use the Trust's funds to accomplish the purpose of the Trust, as described in Section II herein, and to operate and administer the Trust solely in the interest of the covered Town officers, employees, and qualified retirees and dependents thereof and for the exclusive purpose of providing or offering benefits to such persons and defraying the reasonable expenses of administration of the Trust. To this end, the Trustees may purchase life, disability, or accident and health insurance to provide or offer coverage for participating Town officers, employees, and qualified retirees and their dependents. The Trustees may also adopt a health benefits plan that covers eligible Town officers, employees, and qualified retirees, and their dependents. 4. The Trustees may accept contributions to the Trust funds from any source including contributions from covered persons receiving benefits from the Trust. 5. The Trustees shall be authorized to contract with any qualified organization to perform any of the functions necessary for providing or offering life, disability, sick, accident, 3 and other health benefits, including but not limited to excess loss insurance, stop loss insurance, claims administration, administrative services, and any other services that the Trustees shall deem expedient for the proper operation of the Trust. When required by law or desired by the Trustees, the Trustees shall seek sealed competitive bids or sealed competitive proposals with respect to contracts required to carry out the operations of the Trust and to affect the purpose of the Trust. 6. The Trustees shall arrange for the investing of the funds of the Trust so as to keep the same invested according to law and at the best interest rates obtainable for the benefit of the covered persons. The Trustees may hire money managers and shall adopt an investment policy for its own use and that of its agents in making investments. The Trustees shall select a depository for the Trust's funds and provide for the proper security of any and all investments. The Trustees shall designate signatories for the Trust's depository accounts. 7. The Trustees may purchase, out of the Trust Funds, insurance for the Trustees and any other fiduciaries appointed by the Trustees and for the Trust itself to cover liability or losses occurring by reason of the act or omission of any one or more of the Trustees or any other fiduciary appointed by them. Any insurance purchased by the Trustees must give the insurer recourse against the Trustees or other fiduciaries concerned for breach of any fiduciary obligation or fiduciary duty owed to the Trust. 8. The Trustees shall arrange for proper accounting and reporting procedures for the Trust's funds and shall also provide for an annual audit of the Trust's financial affairs by a certified public accountant. 9. The Trustees may retain legal counsel to represent the Trust and the Trustees in all legal proceedings as well as to advise the Trust and the Trustees on all matters pertaining to the operation and administration of the Trust. 10. The Trustees have the authority to terminate the Trust at any time. 11. Upon termination of the Trust, the Trustees shall provide for the payment of Trust obligations, debts, losses, and other liabilities and shall provide for the disposition of the remaining Trust funds in accordance with Section IX herein. 12. The Trustees shall have the power to acquire, by purchase or otherwise; retain, invest, reinvest, and manage, temporarily or permanently; any interest (including an undivided interest) in any realty or personalty; to alter, improve, repair, replace, abandon, and demolish assets; to sell, exchange, encumber, lease for any period, or otherwise dispose of any asset of the Trust, publicly or privately, with or without notice, wholly or partly for cash or credit, without appraisal, and to give options for those purposes; to abandon, compromise, contest, and arbitrate claims; to hold title in the name of a nominee; to adopt policies and regulations for the efficient operation of the Trust; to determine all matters of trust accounting as established by controlling law or customary practices; to set up and maintain reasonable reserves for taxes, assessments, insurance premiums, repairs, improvements, depreciation, depletion, amortization, obsolescence, general maintenance of buildings or other property, and any other purpose; to employ agents, accountants, brokers, attorneys -in -fact, attorneys -at -law, tax specialists, realtors, investment 4 counsel, and other assistants and advisers; and to delegate powers and duties to other persons, partnerships, corporations, and financial or business organizations. B. Quorum and Voting. A majority of the Trustees shall constitute a quorum for the transaction of business at any meeting of the Trustees and the vote of a majority of the Trustees present shall be required for approval of any action at such meeting. The vote of such majority of the Trustees at such meeting shall constitute action of the Trustees as a group. VI. BENEFICIARIES The beneficiaries of the Trust are the Town officers, employees, and qualified retirees and their dependents who are covered by a life, disability, sick, accident, or other health benefits plan purchased or adopted by the Trust (also called "covered persons" herein). Beneficiaries may make contributions to the Trust for use by the Trustees in fulfilling the purposes of the Trust. No beneficiary shall have any claim against the funds or any other property of the Trust. The rights and interests of the beneficiaries are limited to the insurance or health benefits specified in any policy purchased or plan adopted by the Trustees. VII. TRUST FUNDS The Trust funds consist of the funds described in Schedule A hereto as provided by the Settlor to institute this Trust, future contributions by the Settlor, beneficiary contributions, investment income, and any other money or property which shall come into the hands of the Trustees in connection with the administration of the Trust. The funds of the Trust shall not inure to the benefit of, or be distributed to, any private person, except for the payment of necessary costs and benefits described below. The Trustees may use the Trust's funds as follows: 1. to pay all expenses which the Trustees consider necessary in establishing the Trust and in administering the Trust and all reasonable expenses incurred by the Trustees in the performance of their duties; 2. to pay premiums on any insurance policies purchased by the Trust; 3. to make authorized investments; 4. to pay claims under any health benefits plan adopted by the Trustees; 5. to pay for all necessary professional services, property, and equipment required for the proper operation of the Trust; 6. to pay all legal obligations of the Trust; and 5 7. to pay any judgment entered against the Trust or to compromise and settle litigation in which the Trust is a party. VIII. LIABILITY OF TRUSTEES AND OFFICERS The Trustees shall use ordinary care and reasonable diligence in the exercise of their powers and the performance of their duties hereunder; and they shall not be liable for any mistake of judgment or other action made, taken or omitted by them in good faith, nor for any action taken or omitted by any agent, employee or independent contractor selected with reasonable care; nor for loss incurred through investment of the Trust funds or failure to invest. No Trustee shall be liable for any action taken or omitted by any other Trustee. No Trustee shall be required to give a bond or other security to guarantee the faithful performance of his or her duties hereunder. To the fullest extent permitted by law: (a) the Trust shall indemnify each Trustee who was, is, or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding ("Proceeding"), any appeal therein, or any inquiry or investigation preliminary thereto, by reason of the fact that the Trustee is or was a Trustee; (b) the Trust shall pay or reimburse a Trustee for expenses incurred (i) in advance of the final disposition of a Proceeding to which such Trustee was, is or is threatened to be made a party, and (ii) in connection with such Trustee's appearance as a witness or other participation in any Proceeding. IX. AMENDMENT, REVOCATION AND TERMINATION This Declaration of Trust and the Trust created herein shall terminate when and if required by operation of law. The Trustees shall have the power to amend, modify, terminate or revoke, in whole or in part, this Declaration of Trust and the Trust created herein by majority vote at a duly called meeting at which a quorum is present. Notwithstanding the foregoing, the Trustees shall have no power to amend Section II of this Declaration of Trust. Beneficiaries of the Trust shall have no right to amend this Declaration of Trust, and their approval shall not be a condition or requirement for an authorized amendment by the Trustees. Upon termination of the Trust, the Trustees shall pay all obligations, debts, losses, and other liabilities of the Trust. Thereafter, the Trustees shall first use the remaining trust funds to pay covered claims of persons covered under the Town's health benefits plan that may be in effect at the time of termination of the Trust and then, either apply any remaining balance of the funds to provide the benefits described herein or transfer such funds to a successor whose income is excluded under Section 115(1) of the Code. Notwithstanding the foregoing, the Trustees, upon termination of the Trust and payment of all Trust obligations may, by vote of a majority of the Trustees, transfer the remaining funds or any portion thereof to the trustees of any trust or trusts established by the Town for a substantially similar purpose to be applied for uses substantially similar to those set forth in Section II herein. 6 X. GOVERNING LAW This Declaration of Trust and the Trust created herein shall be construed and governed by the laws of the State of Texas in force from time to time. XI. MISCELLANEOUS Whenever the context so admits and such treatment is necessary to interpret this Declaration of Trust in accordance with its apparent intent, the use herein of the singular shall include the plural, and vice versa, and the use of the feminine, masculine, or neuter gender shall be deemed to include the other genders. The captions or headings above the various Sections of this Declaration of Trust have been included only to facilitate the location of the subjects covered by each Section but shall not be used in construing this Declaration Trust. If any clause or provision of this Declaration of Trust proves to be or is adjudged invalid or void for any reason, such invalid or void clause, provision, or portion shall not affect the whole, but the balance of the provisions hereof shall remain operative and shall be carried into effect insofar as is legally possible. [REMAINDER OF PAGE INTENTIONALL Y BLANK, SIGNATURE PAGE FOLLOWS] 7 IN WITNESS HEREOF, the undersigned parties have executed this Declaration of Trust, consisting of ten (10) pages and Schedule A attached hereto, on the dates of their respective acknowledgments below. By joining in the execution of this Declaration of Trust, the Trustees acknowledge receipt of the property described in Schedule A, signify acceptance of the Trust created hereunder, and covenant that the Trust will be executed with all due fidelity. This Trust is effective as of the last date of signature below. Mayor Ray Smith, Settlor Dave Benefield, Trustee Kenneth Dugger, Trustee David Vestal, Trustee Meigs Miller, Trustee Danny Wilson, Trustee Jason Dixon, Trustee Date Date Date Date Date Date Date 8 ACKNOWLEDGMENTS THE STATE OF TEXAS § COUNTY Of COLLIN § This instrument was acknowledged before me on this day of 2010, by Ray Smith, Mayor of the Town of Prosper on behalf of the Town. Notary Public In and For the State of Texas (SEAL) THE STATE OF TEXAS § COUNTY Of COLLIN § This instrument was acknowledged before me on this day of 2010, by Dave Benefield. Notary Public In and For the State of Texas (SEAL) THE STATE OF TEXAS § COUNTY Of COLLIN § This instrument was acknowledged before me on this day of 2010, by Kenneth Dugger. (SEAL) Notary Public In and For the State of Texas 9 THE STATE OF TEXAS § COUNTY Of COLLIN § This instrument was acknowledged before me on this day of 2010, by David Vestal. Notary Public In and For the State of Texas (SEAL) THE STATE OF TEXAS § COUNTY Of COLLIN § This instrument was acknowledged before me on this day of 2010, by Meigs Miller. Notary Public In and For the State of Texas (SEAL) THE STATE OF TEXAS § COUNTY Of COLLIN § This instrument was acknowledged before me on this day of 2010, by Danny Wilson. (SEAL) Notary Public In and For the State of Texas 10 THE STATE OF TEXAS COUNTY Of COLLIN This instrument was acknowledged before me on this day of 2010, by Jason Dixon. (SEAL) Notary Public In and For the State of Texas 11 SCHEDULEA The following is a list of the assets initially transferred by the Town of Prosper, Texas, to the Trust: Town of Prosper's first month (August 2010) contributions for Employee and Dependents Medical/Pharmacy Benefits, Dental Benefits, Life Insurance Benefits, and Long -Term Disability Benefits. Town of Prosper's Employee and Dependents first month (August 2010) of Plan Year's payroll deductions or contributions for Medical/Pharmacy Benefits, Dental Benefits, Life Insurance Benefits, and Long -Term Disability Insurance Benefits. 12 3107200.3/SP/17690/0102/062510 ISPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Matthew B. Garrett, Finance Director CC: Mike Land, Town Manager Re: Town Council Meeting —July 13, 2010 Date: July 08, 2010 Agenda Item: Administration Agenda Item No. 41 Consider and act on a resolution authorizing participation in TexPool/TexPool Prime and designating authorized representatives. Description of Agenda Item: The Town currently only employs three investment mechanisms and staff would like the flexibility to invest in TexPool Prime. The current investments include bank deposits, TexPool and TexStar Investment Pool accounts. TexPool Prime, like TexPool, is an investment pool administered by the Texas State Comptroller's Office. TexPool Prime invests in the same securities as TexPool but also invests in commercial paper and certificates of deposits. It is an authorized investment according to the Town's Investment Policy, and has produced one year total returns that are nine basis points higher than TexPool investments. As of July 08, 2010, the current rates for TexPool and TexPool Prime are 0.2188% and 0.3290% respectively. Budget Impact: Though the difference in yield is relatively small and the gap constantly widens and narrows, the ability to shift funds to TexPool Prime will result in higher average returns to the Town's Investment Portfolio. Legal Obligations and Review: No legal review is required. Attached Documents: Resolution Participation Agreement Portfolio Overviews of TexPool and TexPool Prime as of March 31, 2010 Board. Committee and/or Staff Recommendation: Town staff recommends that the Town Council approve the resolution authorizing participation in TexPool/TexPool Prime and designating authorized representatives. Agenda Item No. 4i - Page 1 of 1 Resolution Authorizing Participation in TexPool/TexPool Prime and Designating Authorized Representatives WHEREAS, the Town of Prosper ("Participant") is a local government or state agency of the State of Texas and is empowered to delegate to the public funds investment pools the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the Texas Local Government Investment Pools ("TexPool/TexPool Prime"), public funds investment pools, were created on behalf of entities whose investment objectives in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. NOW THEREFORE, be it resolved as follows: A. That Participant shall enter into a Participation Agreement to establish an account in it's name in TexPooVrexPool Prime, for the purpose of transmitting local funds for investment in TexPooUTexPool Prime. B. That the individuals, whose signatures appear in this Resolution, are authorized representatives of the Participant and are each hereby authorized to transmit funds for investment in TexPool/TexPool Prime and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. List of the authorized representatives of the Participant. These individuals will be issued P.I.N. numbers to transact business via the phone with a Participant Service Representative. 1. Name Ron Butler Title Comptroller Phone/Fax/Email 972-569-1018 / 972-346-9335 / ron_butler@prospertx.gov Signature 2. Name Title Finance Director Phone./Fax/Email 972-569-1019 / 972-346-9335 / matthew_garrett@prosperbc.gov Signature 3. Name Mike Land Title Town Manager ORIGINALS REQUIRED TEX - ENROLL Phone/Fax/Email Signature 972-346-2640 / 972-346-9335 / miAOand@prospertx.gov Oand@prospertx.gov List the name of the Authorized Representative provided above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name: Ron Butler In addition and at the option of the Participant, one additional authorized representative can be designated to perform inquiry only of selected information. This limited representative cannot make deposits or withdrawals. If the Participant desires to designate a representative with inquiry rights only, complete the following information. 4. Name Phone/Fax/Email Title C. That this resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until TexPool/TexPool Prime receives a copy of any such amendment or revocation. This resolution is hereby introduced and adopted by the Participant at its regular/special meeting held on the 13th Day of July , 2010 NAME OF PARTICIPANT Town of Prosper BY: Signature Ray Smith Printed Name Mayor Title ATTEST: Signature Matthew D. Denton Printed Name Town Secretary Title OFFICIAL SEAL ORIGINALS REQUIRED TEX - ENROLL Texas Local Government Investment Pool TexPool Prime Participation Agreement PREAMBLE This participation agreement (the "Agreement") is made and entered into by and between the Comptroller of Public Accounts (the "Comptroller"), acting through the Texas Treasury Safekeeping Trust Company (the "Trust Company"), Trustee of TexPool Prime, a Texas Local Government Investment Pool, and the Town of Prosper (the "Participant"). WHEREAS, the Interlocal Cooperation Act, TEX GOV'T CODE ANN, ch. 791 authorizes a local government to contract with a state agency to perform governmental functions, including investment of public funds; WHEREAS, the Public Funds Investment Act, TEX. GOV'T CODE ANN. ch. 2256 (the "Investment Acts") provides for the creation of a public funds investment pool in which a governmental investing entity may invest its funds and to which the entity may delegate, by contract, the authority to hold legal title as custodian of investments purchased with its local funds; WHEREAS, the Trust Company is a special purpose trust company authorized pursuant to TEX. GOV'T CODE ANN. § 404.103 to receive, transfer and disburse money and securities belonging to state agencies and local political subdivisions of the state and for which the Comptroller is the sole officer, director and shareholder; WHEREAS, TexPool Prime is a public funds investment pool, which funds are invested in certain eligible investments as more fully described hereafter; WHEREAS, the Participant has determined that it is authorized to invest in a public funds investment pool created under the Investment Acts and to enter into this Agreement; WHEREAS, the Participant acknowledges that the Trust Company is not responsible for independently verifying the Participant's authority to invest under the Investment Acts or to enter this Agreement; WHEREAS, the Participant acknowledges that the performance of TexPool Prime is not guaranteed by the State of Texas, the Comptroller, or the Trust Company and that there is no secondary source of payment for the pool; and WHEREAS, in an effort to ensure the continued availability of an investment pool as a vehicle for investment of local government funds and simultaneously provide for enhancement in services and potential decreases in management and administrative fees, Participant and Trust Company desire to provide in this Agreement that the Trust Company may obtain private professional investment management and related services. NOW THEREFORE, for and in consideration of the mutual promises, covenants and agreements herein contained, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree with each other as follows: ORIGINALS REQUIRED Page 1 TEX - ENROLL ARTICLE I. DEFINITIONS "Account" shall mean any account or accounts, established by the Participant in TexPool Prime in accordance with this Agreement and the Operating Procedures (as defined herein), which Account represents an undivided beneficial ownership in TexPool Prime. "Authorized Investments" shall mean those investments which are authorized by the Investment Act (as herein defined) for investment of public funds. "Authorized Representative(s) of the Participant" shall mean any individual who is authorized to execute documents and take such other necessary actions under this Agreement as evidenced by the duly enacted Resolution of the Participant. "Authorized Representative(s) of the Trust Company" shall mean any employee of the Comptroller or Trust Company who is designated in writing by the Comptroller or the Trust Company's Chief Executive Officer to act as the authorized Trust Company representative for purposes of this Agreement and shall include employees of any private entity performing the obligations of the Comptroller under this Agreement. "Board" shall mean the advisory board provided for in the Investment Act (as defined below). "Fund" shall mean the TexPool/TexPool Prime Fund created and established pursuant to Section 4.01 hereof. "Investment Act" shall mean the Public Funds Investment Act, TEX. GOV'T CODE ANN. ch. 2256, as amended from time to time. "Investment Policy" shall mean the written TexPool Prime Investment Policy, as amended from time to time, relating to the investment and management of funds in TexPool as established by the Trust Company consistent with the Investment Act. "Letter of Instruction" shall mean a written authorization and direction to the Trust Company signed by an Authorized Representative of the Participant. "Operating Procedures" shall mean the written procedures established by the Trust Company describing the management and operation of TexPool Prime, and providing for the establishment of, deposits to and withdrawals from the Accounts, as amended from time to time. "Participant" shall mean any entity authorized by the Acts to participate in a public funds investment pool that has executed this Agreement pursuant to a Resolution. "Resolution" shall mean the resolution adopted by the governing body of a local governmental entity authorizing the entity's participation in TexPool Prime and designating persons to serve as Authorized Representatives of the Participant. ORIGINALS REQUIRED Page 2 TEX - ENROLL ARTICLE 11. GENERAL ADMINISTRATION Section 2.01. TexPool Prime Defined. (a) TexPool Prime is a public funds investment pool created pursuant to the Investment Acts. (b) Subject to Section 6.10, the Trust Company agrees to manage the Participant's Account in accordance with the Investment Act and the Investment Policy. Section 2.02. Board. (a) The Board is composed of members appointed pursuant to the requirements of the Investment Act. (b) The Board shall advise the Trust Company on the Investment Policy and on various other matters affecting TexPool Prime, and shall approve fee increases. Section 2.03. General Administration. (a) The Trust Company shall establish and maintain the Investment Policy specifically identifying the Authorized Investments consistent with the Investment Act and the general policy and investment goals for TexPool Prime. (b) The Trust Company shall establish and maintain the Operating Procedures, describing the management and operation of TexPool Prime and providing for procedures to be followed for the establishment of, deposits to, and withdrawals from the Accounts and such other matters as are necessary to carry out the intent of this Agreement. (c) The Trust Company shall have the power to take any action necessary to carry out the purposes of this Agreement, subject to applicable law and the terms of this Agreement. Section 2.04. Ownership Interest. Each Participant shall own an undivided beneficial interest in the assets of TexPool Prime in an amount proportional to the total amount of such Participant's Accounts relative to the total amount of all Participant's Accounts in TexPool Prime, computed on a daily basis. Section 2.05. Independent Audit. TexPool Prime is subject to annual review by an independent auditor consistent with Ch. 2256, TEX GOW T CODE ANN. In addition, reviews of TexPool Prime may be conducted by the State Auditor's office and the Comptroller's office. The Trust Company may obtain such legal, accounting, financial or other professional services as it deems necessary or appropriate to assist TexPool Prime in meeting its goals and objectives. Section 2.06. Liability. Any liability of the Comptroller, the Comptroller's office, the Trust Company, representatives or agents of the Trust Company, any Comptroller employee, Trust Company or any member of the Board for any loss, damage or claim, including losses from investments and transfers, to the Participant shall be limited to the full extent allowed by applicable laws. The Trust Company's responsibilities hereunder are limited to the management and investment of TexPool Prime and the providing of reports and information herein required. Section 2.07. Disclosure Statement. (a) TexPool Prime is created to function like a money market mutual fund and seeks to maintain a 1.00 net asset value. Performance fluctuates on a daily basis, largely because net earnings fluctuate daily. The performance of TexPool Prime depends on such variables as portfolio quality, average portfolio maturity, type and value of portfolio securities, and changes in interest rates. Primary risk factors include: • Interest Rate Risk. Prices of fixed income securities generally fall when interest rates rise. ORIGINALS REQUIRED Page 3 TEX - ENROLL Credit Risks. A decline in the credit quality of an issuer can cause the price of a security held by the pool to decrease. (b) Both net earnings and offering price per share are factors in the computation of yield and total return. (c) The assets of TexPool Prime are the only source of payment to Participants. There is no secondary source of payment for the pool, and investment in TexPool Prime is not a deposit or an obligation of any bank, is not endorsed or guaranteed by any bank and is not insured or guaranteed by the U.S. government, The Federal Deposit Insurance Corporation, the Federal Reserve Board or any other government agency, including the State of Texas. ARTICLE III. PARTICIPATION REQUIREMENTS Section 3.01. The Participation Agreement. The Participant must execute this Agreement and provide a Resolution authorizing participation in TexPool Prime and designating persons to serve as Authorized Representatives of the Participant and any other documents as are required under, and substantially in the form prescribed by, the Operating Procedures before depositing any funds into TexPool Prime. Section 3.02.Operating Procedures (a) The Participant acknowledges receipt of a copy of the Operating Procedures. The Operating Procedures describe in detail the procedures required for the establishment of accounts, deposits to and withdrawals from TexPool Prime, and related information. (b) The Operating Procedures may be modified by the Trust Company as appropriate to remain consistent with established banking practices and capabilities and when such modification is deemed necessary to improve the operation of TexPool Prime. (c) The Participant hereby concurs with and agrees to abide by the Operating Procedures. ARTICLE IV. INVESTMENTS Section 4.01. Investments. All monies held in TexPool Prime shall be invested and reinvested by the Trust Company or Authorized Representatives of the Trust Company only in Authorized Investments in accordance with the Agreement, the Investment Policy and the Investment Act. Participant hereby concurs with any such investment so made by the Trust Company. Available funds of TexPool Prime that are uninvested may be held at the Trust Company's account at the Federal Reserve Bank of Dallas, or any designated custodian account, or with a custodian selected by the Trust Company. All investment assets and collateral will be in the possession of the Trust Company and held in its book -entry safekeeping account at the Federal Reserve Bank, any designated custodian account, or with a custodian selected by the Trust Company. Section 4.02. Failed Investment Transaction. In the extraordinary event that a purchase of securities results in a failed settlement, any resulting uninvested funds shall remain in the Trust Company's Federal Bank of Dallas account, any designated custodian account or with a custodian selected by the Trust Company. If an alternative investment can be secured after the failure of the trade to settle, TexPool Prime will receive all the income earnings, including but not limited to, any compensation from the purchaser failing in the trade and the interest income from the alternative investment. Section 4.03. Investment Earnings and Losses Allocation. All interest earnings in TexPool Prime will be valued daily and credited to the Participant's Accounts monthly, on a pro rata allocation basis. All losses, if any, resulting from the investment of monies in TexPool Prime shall also be allocated on a pro rata allocation basis. All earnings and losses will be allocated to the Participant's Accounts in accordance with generally accepted accounting procedures. ORIGINALS REQUIRED Page 4 TEX - ENROLL Section 4.04. Commingling of Accounts. Participant agrees that monies deposited in TexPool Prime may be commingled with all other monies held in TexPool Prime for purposes of common investment and operational efficiency. However, each Participant will have separate Accounts on the books and records of TexPool Prime, as further provided for in the Operating Procedures. ARTICLE V. FEES, EXPENSES AND REPORTS Section 5.01. Fees and Expenses. The Participant agrees to pay the amount set forth in the fee schedule. Participant agrees that all fees shall be directly and automatically assessed and charged against the Participant's Accounts. The basic service fee shall be calculated as a reduction in the daily income earned, thus only the net income shall be credited to the Participant's Account. Fees for special services shall be charged to each Participant's account as they are incurred or performed. A schedule of fees shall be provided to the Participant annually. Each Participant will be notified thirty (30) days prior to the effective date of any change in the fee schedule. Section 5.02. Reports. A monthly statement will be mailed to the Participant within the first five (5) business days of the succeeding month. The monthly statement shall include a detailed listing of the balance in the Participant's Accounts as of the date of the statement; all account activity, including deposits and withdrawals; the daily and monthly yield information; and any special fees and expenses charged. Additionally, copies of the Participant's reports in physical or computer form will be maintained for a minimum of three prior fiscal years. All records shall be available for inspection at all reasonable hours of the business day and under reasonable conditions. Section 5.03. Confidentiality. The Trust Company and any private entity acting on behalf of the Trust Company for purposes of this Agreement will maintain the confidentiality of the Participant's Accounts, subject to the Public Information Act, TEX GOWT CODE ANN. ch. 552, as amended. ARTICLE VI. MISCELLANEOUS Section 6.01. Notices. Any notices, Letters of Instructions or other information required or permitted to be given hereunder shall be submitted in writing and shall be deemed duly given when deposited in the U.S. mail postage prepaid or successfully transmitted via facsimile addressed to the parties as follows: To the Participant: Participant Name Town of Address PO Box 307 City, State, Zip Prosper, TX 75078 Telephone 972-569-1018 Fax 972-346-9335 To Trust Company with respect to contractual matters or disputes under this Agreement: Texas Treasury Safekeeping Trust Company Attn: TexPool Prime Rusk State Office Building 208 East 10`h Street, Suite 441 Austin, TX 78701 Telephone: (512) 463-5303 FAX No.: (512) 463-0823 ORIGINALS REQUIRED Page 5 TEX - ENROLL To TexPool Prime with respect to operational matters, including enrollment documents; changes to Authorized Representatives; Bank Information Sheets; initiation of deposits or withdrawals of funds; changes to addresses; audit confirmation requests; and account inquiry: TexPool Participant Services C/O Federated Investors Inc 1001 Texas Ave., Suite 1400 Houston, TX 77002 Telephone: 1-866-839-7665 (1-866-TEX-POOL) FAX No.: 1-866-839-3291 (1-866-TEX-FAX1) The Participant and the Trust Company agree to notify the other of any change affecting this information and agree that unless and until so notified, the other party shall be entitled to rely on the last information provided. Section 6.02. Taxpayer Identification Number. The Participant's taxpayer identification number assigned by the Internal Revenue Service is: 1-75-6000674-5 . The Participant hereby agrees to notify the Trust Company of any change affecting this Taxpayer Identification number and agrees that unless and until so notifies, the Trust Company shall be entitled to rely on same in providing any and all reports or other information necessary or required by the Federal tax laws as amended from time to time. Section 6.03. Severability. If any provision of this Agreement shall be held or deemed to be in fact illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatsoever. Section 6.04. Execution of Counterparts. This Agreement may be simultaneously executed in several separate counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 6.05. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any dispute under this Agreement shall be in Travis County, Texas. Section 6.06. Captions. The captions or headings in this Agreement are for convenience only and in no way defined, limit or describe the scope or intent of any provisions, articles or sections of this Agreement. Section 6.07. Amendments. (a) The Trust Company shall advise the Participant in writing of any amendments to this Agreement no less than 45 days prior to the effective date of such amendment. The Participant may ratify the proposed amendment of this Agreement by letter to the Trust Company. If the Participant elects not to ratify the amendment, the Participant may terminate this Agreement in accordance with Section 6.08. In the event the Participant fails to respond in writing to a notice of amendment prior to the effective date of such amendment, this Agreement shall be deemed amended. (b) The Trust Company may revise the Operating Procedures from time to time as it deems necessary for the efficient operation of TexPool Prime. The Participant will be bound by any amendment to the Operating Procedures with respect to any transaction occurring subsequent to the time such amendment takes effect, provided, however, that no such amendment shall affect the Participant's right to cease to be a Participant. Section 6.08. Termination. This Agreement may be terminated by either party hereto, with or without cause, by tendering 30 days prior written notice in the manner set forth in Section 6.01 hereof. Section 6.09. Term. Unless terminated in accordance with Section 6.08, this Agreement shall be automatically renewed on each anniversary date hereof. ORIGINALS REQUIRED Page 6 TEX - ENROLL Section 6.10. Limitation of Rights. With the exception of the rights herein expressly conferred nothing in or to be implied from this Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement or in any of the covenants, conditions and provisions herein contained. Neither the Comptroller nor the Trust Company shall be liable for any losses from investments made and transfers made in accordance with the procedures set forth in this Agreement. Section 6.11. Assignment. The Trust Company may enter into an agreement with a third party investment manager to perform its obligations and service under this Agreement, provided that such third party investment manager shall manage TexPool Prime according to the Investment Act, Investment Policy and in a manner consistent with that directed by the Trust Company. The Trust Company also shall have the right to assign its rights and obligations under the Agreement to a third party investment manager if the Trust Company determines that such assignment is in the best interest of the State and Participants. If a successor pool to TexPool Prime is deemed by the Trust Company to be in the best interest of the State and the Participant, the Trust Company may take any action it deems necessary to assign its rights and benefits under any third party agreements and transfer the assets from TexPool Prime to any successor pool. In Witness Whereof, the parties hereto have caused this Agreement to be executed as of the dates set forth below, and the Agreement shall be effective as of the latest such date. PARTICIPANT Signature TEXAS TREASURY SAFEKEEPING TRUST COMPANY Comptroller of Public Accounts Signature Printed Name Ray Smith Printed Name Title Mayor Date Title Date CERTIFICATE OF INCUMBENCY The preceding signatory is a duly appointed, acting, and qualified officer of the Participant, who, in the capacity set forth above is authorized to execute this Agreement. IN WITNESS WHEREOF, I have duly executed this certificate as of the day of 20 Signature Printed Name Matthew D. Denton Title Town Secretary OFFICIAL SEAL ORIGINALS REQUIRED Page 7 TEX - ENROLL PORTFOLIO OVERVIEW as of 3/31/10 Pool Assets $18.5 billion Portfolio Composition (%) ■ Agencies 37.1 4D ■ Repurchase Agreements 61.1 ■ Treasurys 1.8 Effective Maturity Schedule (Mr) ■ 1-7 days 50.6 ■ 8-30 days 25.3 ■ 31-90 days 10A ■ 91-180 days 7A ■ 181+ days 5A Credit Quality Composition (%) 4D■ A-1+ 100 Weighted Average Maturity 38 Days Credit Rating AAAm Standard & Poor's Portfolio Managers Susan Hill Deborah Cunningham Investor Goal The primary objectives of TexPool are preservation and safety of principal, liquidity and yield. Pool Features • Administered by the Texas Comptroller of Public Accounts. • Highest possible rating from Standard & Poor's underscores the portfolio's high credit quality, daily liquidity and relative safety. • High asset levels give the benefit of economies of scale. • As compared to a pool that holds only Treasury securities, the pool seeks potentially higher yields through investments in short-term government agency securities and repurchase agreements. • The 4 p.m. cut-off time for deposits and withdrawals gives participants more time to complete daily cash processing and initiate late -day deposit transactions. Pool Performance Annualized Yields (%) 7-Day 0.36 0.24 0.18 0.14 6/30/09 9/30/09 12/31/09 3/31/10 Performance data quoted represents past performance which is no guarantee of future results. Investment return will vary. The value of an investment, when redeemed, may be worth more or less than the original cost. Current performance may be lower or higher than what is stated. Portfolio Manager Commentary We finally are beginning to see a little movement on the short end of the cash -yield curve, with an emphasis on little. The Federal Reserve has yet to lift its "exceptionally low levels" for "an extended period" language regarding its fed funds target rate, and until it does, we don't anticipate a lot of movement on short rates. And even after the Fed finally lifts that policy barrier, any official increase in the benchmark rate doesn't appear likely until late summer — if then. Still, all signs suggest that the historic lows in cash yields that we've experienced for the better part of a year are in the rear-view mirror, abetted by an economic recovery that is gaining momentum. The final read on 2009's fourth quarter showed Gross Domestic Product rising the most in six years, and March's employment report showed nonfarm payrolls expanding the most in three years. With other gauges also showing both manufacturing and services in a full expansion, consumer spending on the upswing and still anemic -housing off its price lows, the stage is set for a cyclical boost that eventually should begin to exert upward pressure on rates. After a year of sobering low -rate drama, that's an uptick we would welcome. Susan Hill Senior Portfolio Manager & Senior Vice President PORTFOLIO OVERVIEW as of 3131110 Pool Assets $1.8 billion Portfolio Composition (96) ■ Commercial Paper 68.0 ■ Repurchase Agreements 22.0 ■ Variable Rate Instruments 4.0 ■ Government Securities 6.0 Effective Maturity Schedule (%) ■ 1-7 days 28.0 ■ 8-30 days 282 ■ 31-90 days 343 ■ 91-180 days 3.9 ■ 181+ days 4A Credit Quality Composition (%) i ■ A-1+ 66.7 '■ A-1333 S: Weighted Average Maturity 44 Days Credit Rating AAAm Standard & Poor's Portfolio Managers Paige Wilhelm Deborah Cunningham Investor Goal The primary objectives of TexPool Prime are preservation and safety of principal, liquidity and yield. Pool Features • Administered by the Texas Comptroller of Public Accounts. • Highest possible rating from Standard & Poor's underscores the portfolio's high credit quality, daily liquidity and relative safety. • In addition to the securities in which TexPool invests, TexPool Prime also invests in com- mercial paper and certificates of deposit to potentially achieve higher yield. • The 2 p.m. cut-off time for deposits and withdrawals gives participants more time to complete daily cash processing and initiate late -day deposit transactions. Pool Performance Annualized Yields (%) 7-Day 0.45 0.31 6/30/09 9/30/09 12/31/09 3/31/10 Performance data quoted represents past performance which is no guarantee of future results Investment return will vary. The value of an investment when redeemed, may be worth more or less than the original cost Current performance may be lower or higher than what is stated. Portfolio Manager Commentary We finally are beginning to see a little movement on the short end of the cash -yield curve, with an emphasis on little. The Federal Reserve has yet to lift its "exceptionally low levels" for "an extended period" language regarding its fed funds target rate, and until it does, we don't anticipate a lot of movement on short rates. And even after the Fed finally lifts that policy barrier, any official increase in the benchmark rate doesn't appear likely until late summer — if then. Still, all signs suggest that the historic lows in cash yields that we've experienced for the better part of a year are in the rear-view mirror, abetted by an economic recovery that is gaining momentum. The final read on 2009's fourth quarter showed Gross Domestic Product rising the most in six years, and March's employment report showed nonfarm payrolls expanding the most in three years. With other gauges also showing both manufacturing and services in a full expansion, consumer spending on the upswing and still anemic -housing off its price lows, the stage is set for a cyclical boost that eventually should begin to exert upward pressure on rates. After a year of sobering low -rate drama, that's an uptick we would welcome. Paige Wilhelm Senior Portfolio Manager & Senior Vice President IiSPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Chris Copple, AICP, Senior Planner PLANNING Agenda Item No. 6 Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting —July 13, 2010 Date: July 9, 2010 Asaenda Item: A public hearing to consider and act upon an amendment to the Town's Thoroughfare Plan (Section 13 of the Town's Comprehensive Plan. (CA10-0001). Description of Auenda Item: During the past three years, Town staff has worked with several property owners through the zoning and development process on planning thoroughfare locations that are not in conformance with the existing Thoroughfare Plan. While these alternative alignments and roadway classification changes did not conform to the existing Thoroughfare Plan, they do provide better mobility for the developments and the Town's roadway system. The purpose of the proposed amendment to the Town's Thoroughfare Plan is to revise the portions of the map in accordance with previously approved zoning and development plans. The proposed changes include: 1. Revising the north -south commercial collector, located along the west side of the Dallas North Tollway, to show a minor (four lane divided) thoroughfare, and extending the minor thoroughfare south of First Street turning west to Legacy Drive. 2. Revising alignment of Lovers Lane west of Dallas North Tollway, turning south to U.S. 380 and intersecting with County Road 26. 3. Extending the north -south commercial collector, located along the east side of the Dallas North Tollway, from First Street south to U.S. 380. 4. Revising Lovers Lane, located east of Preston Road to U.S. 380, from a commercial collector to a minor (four lane divided) thoroughfare. 5. Adding a north -south minor (four lane divided) thoroughfare along the eastern property boundary of Prosper High School, between Frontier Parkway and Coleman Street. These changes have been highlighted on the Proposed Thoroughfare Plan Map, dated April 15, 2010, which is attached. Budoet Impact: There are no significant budget implications associated with the approval of the amendment to the Town's Thoroughfare Plan. Agenda Item No. 6 - Page 1 of 2 Legal Obligations and Review: Town staff has notified the public hearing as required by state law. Attached Documents: 1. The Proposed Thoroughfare Plan Map, dated April 15, 2010. 2. The Town's Existing Thoroughfare Plan Map, dated August 2009. Planning & Zoning Commission Recommendation: At their June 15, 2010 meeting, the Planning & Zoning Commission recommended the Town Council approve an amendment to the Town's Thoroughfare Plan (Section 13 of the Town's Comprehensive Plan), by a vote of 6-0. Town Staff Recommendation: Town staff recommends the Town Council approve the amendment to the Town's Thoroughfare Plan (Section 13 of the Town's Comprehensive Plan) as submitted. Agenda Item No. 6 - Page 2 of 2 a I FRONTIER WY COLE►uw PARVW RD I ."! PRO TRAIL / l Y � � ,*4 FIRST ff4 FISH TRAP � _ -•- ROAD t ® Z H � I 'k� , • • _f MGHWAY380 N� j 1 Legend • - - V �_ �' �-L . Master �-� Rail Thoroughfare Plan ,, T N OF Thoroughfare — Streams Commercial Collector P S Plan Local Roads 3 Lane 4,000 2,000 0 4,000 Lakes 4 Lane Divided Feet 6 Lane Divided N Dallas North Tollway August 2009 riSPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Chris Copple, AICP, Senior Planner PLANNING Agenda Item No. 7 Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting —July 13, 2010 Date: July 9, 2010 Agenda Item: A public hearing to consider and act upon an amendment to Chapter 4, Section 8 of the Zoning Ordinance, regarding paving material requirements for non-residential development. (Z10-0007). Description of Agenda Item: On April 20, 2010, the Planning & Zoning Commission directed Town staff to research the paving requirements for new construction of other cities in the surrounding area. At the May 18, 2010 Planning & Zoning Commission meeting, Town staff presented their findings, along with proposed ordinance language regarding non-residential paving material requirements, which could be adopted into the Town's Non -Residential Design and Development standards in the Zoning Ordinance. Upon review of the language, the Planning & Zoning Commission directed Town staff to move forward with the Zoning Ordinance amendment process. If approved, the amendment will affect only new non-residential paving, and does not require any improvements to be made to existing paved areas. The Prosper Developers Council has reviewed the proposed language and is supportive of the amendment. Budget Impact: There are no significant budget implications associated with the approval of this amendment to the Zoning Ordinance. Legal Obligations and Review: Town staff has notified the public hearing as required by state law. Attached Documents: 1. Chapter 4, Section 8 of the Zoning Ordinance. Plannina & Zoning Commission Recommendation: At their June 15, 2010 meeting, the Planning & Zoning Commission recommended the Town Council approve an amendment to Chapter 4, Section 8 of the Zoning Ordinance, regarding paving material requirements for non-residential development, as submitted, by a vote of 6-0. Town Staff Recommendation: Town staff recommends the Town Council approve the following amendment to Chapter 4, Section 8 of the Zoning Ordinance (additions are underlined and deletions are stFusk-tom: Agenda Item No. 7 - Page 1 of 2 Chapter 4, Section 8.4 (G) 8.4(G) All paved areas, which includes, but is not limited to, parking areas, fire lanes, drive aisles, driveways, turn-arounds, and loading areas, shall be paved with concrete or a comparable surface (masonry pavers, stone, brick, etc.), constructed to standards approved by the Director of Development Services or his/her designee. Pervious concrete or other alternative permeable paving surfaces may be used if approved by the Town Council. The use of asphalt, gravel, and crushed rock are strictly prohibited, unless approved as a temporary paving surface by the Director of Development Services or his/her designee. Chapter 4, Section 8.8 (E) 8.8(E) All paved areas, which includes, but is not limited to, parking areas, fire lanes, drive aisles, driveways, turn-arounds, and loading areas, shall be paved with concrete or a comparable surface (masonry pavers, stone, brick, etc.), constructed to standards approved by the Director of Development Services or his/her designee. Pervious concrete or other alternative permeable paving surfaces may be used if approved by the Town Council. The use of asphalt, gravel, and crushed rock are strictly prohibited, unless approved as a temporary paving surface by the Director of Development Services or his/her designee. Agenda Item No. 7 - Page 2 of 2 CHAPTER 4 - DEVELOPMENT REQUIREMENTS SECTION 8 - NON-RESIDENTIAL DESIGN AND DEVELOPMENT SECTION 8 NON-RESIDENTIAL DESIGN AND DEVELOPMENT (Z07-19) 8.1 APPLICABILITY The regulations provided in Sections 8.2 — 8.6 shall apply to all office, retail, restaurant, service, automobile, and commercial uses. The regulations provided in sections 8.7 — 8.10 shall apply to all industrial, wholesale, and institutional uses. Where the regulations of this Section conflict with other Sections of this Ordinance, the regulations of this Section shall apply. OFFICE, RETAIL, RESTAURANT, SERVICE, AUTOMOBILE, AND COMMERCIAL DEVELOPMENT STANDARDS 8.2 EXTERIOR APPEARANCE OF BUILDINGS AND STRUCTURES A. All exterior facades of an office, retail, restaurant, and commercial building or structure, excluding glass windows and doors, shall be constructed using the permitted buildings materials in Chapter4, Section 8.2 (B. & C). B. Permitted primary exterior materials are clay fired brick, natural, precast, and manufactured stone, granite, marble, architectural concrete block, split face concrete masonry unit, and architecturally finished concrete tilt wall. C. Secondary materials used on the fagade of a building are those that comprise a total of ten (10) percent or less of an elevation area. Permitted secondary materials are all primary materials, aluminum or other metal, cedar or similar quality decorative wood, stucco, and high impact exterior insulation and finish systems (EIFS).Stucco and EIFS are only permitted a minimum of nine (9) feet above grade. D. No single material shall exceed eighty (80) percent of an elevation area. A minimum of twenty (20) percent of the front fagade and all facades facing public right-of-way shall be natural or manufactured stone. A minimum of ten (10) percent of all other facades shall be natural or manufactured stone. E. All buildings with a footprint of less than ten thousand (10,000) square feet and located 100 feet or less from a residential zoning district shall incorporate a pitched, gabled, mansard, hipped, orotherwise sloped roof. All sloped roofs shall have a six (6) in twelve (12) inch minimum slope. All buildings with a footprint of less than ten thousand (10,000) square feet and located 100 feet or greater from a residential zoning district shall incorporate a pitched, gabled, mansard, hipped, or otherwise sloped roof, or a flat roof with an articulated parapet wall or cornice. Wood shingles are prohibited. Composition shingles are allowed provided they have architectural detail and a minimum 30 year life. F. All buildings with a footprint of ten thousand (10,000) square feet and greater shall incorporate sloped roof elements including, but not limited to pitched roofs on towers or arcades, sloped awnings, sloped parapets. Flat roofs are permitted with an articulated parapet wall or cornice in place of the required sloped roof elements. The sloped elements shall be provided along a minimum of sixty (60) percent of each wall's length. All sloped roof elements shall have a six (6) in twelve (12) inch minimum slope. Wood shingles are prohibited. Composition shingles are allowed provided they have architectural detail and a minimum 30 year life. G. In the DTR and DTC Districts, an articulated parapet wall orcomice may be used in place of the sloped roof as required in Section 8.2(E) and (F) above. H. All buildings shall be designed to incorporate a form of architectural articulation every thirty (30) feet, both horizontally along each wall's length and vertically along each wall's height. Acceptable articulation may include the following: Canopies, awnings, or porticos; 4-8-1 CHAPTER 4 - DEVELOPMENT REQUIREMENTS SECTION 8 - NON-RESIDENTIAL DESIGN AND DEVELOPMENT • Recesses/projections; • Arcades; • Arches; • Display windows, including a minimum sill height of thirty (30) inches; • Architectural details (such as tile work and moldings) integrated into the building facade; • Articulated ground floor levels or base; • Articulated cornice line; • Integrated planters or wing walls that incorporate landscape and sitting areas; • Offsets, reveals or projecting rib used to express architectural or structural bays; or • Varied roof heights; In the DTR and DTC D istricts, all windows shall include a minimum sill height of eighteen (18) inches J. All buildings shall be architecturally finished on all four (4) sides with same materials, detailing, and features except the rear if two (2) rows of trees are planted on the perimeter behind the building. In this case, the architectural finish must match the remainder of the building in color only. A double row of trees on offset fifty (50) foot centers in a fifteen (15) foot landscape edge, where fifty (50) percent of the trees are canopy evergreen trees. This is for facades that are not visible from public streets and apply to anchor buildings and attached in line spaces only. This provision does not apply to "out" buildings or pad sites. K. Windows shall have a maximum exterior visible reflectivity of ten (10) percent. The intent of this provision is to prevent the safety hazard of light reflecting from the windows on to adjacent roadways. L. All retail/commercial buildings with facades greater than two hundred (200) feet in length shall incorporate wall plane projections or recesses that are at least six (6) feet deep. Projections/recesses must be at least twenty five (25) percent of the length of the facade. No uninterrupted length of facade may exceed one hundred (100) feet in length. This requirement does not apply to building developed and occupied entirely for office uses. M. All buildings within a common development, as shown on a Preliminary Site Plan, shall have similar architectural styles, materials, and colors. 1. Conceptual facade plans and sample boards shall be submitted with the Preliminary Site Plan application for all non-residential uses. The purpose of the conceptual facade plan is to ensure consistency and compatibility for all buildings within a single development. Facade plans will be used only to ensure minimum standards are met. 2. A final facade plan and sample boards shall be submitted with the Final Site Plan application for all non-residential uses. Facade plans will be used only to ensure minimum standards are met. Facade plans shall be reviewed and approved by the Director of Development Services or his/her designee. The applicant may appeal the decision to the Planning & Zoning Commission and Town Council using the appeal procedure in Chapter 4, Section 1 of this Ordinance. N. All primary and secondary exterior building materials (exclusive of glass) shall be of natural texture and shall be neutrals, creams, or other similar, non -reflective earth tone colors. Bright, reflective, pure tone primary or secondary colors, such as red, orange, yellow, blue, violet, or green are not permitted. 0. Corporate identities that conflict with the building design criteria shall be reviewed on a case -by -case basis and approved by the Director of Development Services or his/her designee. The applicant may appeal the decision to the Planning & Zoning Commission and Town Council using the appeal procedure in Chapter4, Section 1 of this Ordinance. 4-8-2 CHAPTER 4 - DEVELOPMENT REQUIREMENTS SECTION 8 - NON-RESIDENTIAL DESIGN AND DEVELOPMENT P. Exposed conduit, ladders, utility boxes, and drain spouts shall be painted to match the color of the building or an accent color. Natural metal finishes (patina) are an acceptable altemative to paint. 8.3 BIG BOX REQUIREMENTS A. Big Box uses are permitted by right with appropriate zoning and within retail/commercial centers adjacent to University Drive (U.S. 380), Dallas Parkway, or Preston Road. B. Big Box uses are permitted by Specific Use Permit (SUP) in other areas where zoning is appropriate. 8.4 CIRCULATION AND PARKING REQUIREMENTS A. Internal drive aisles shall be designed to incorporate ninety (90) degree intersections. A five (5) degree variance is allowable. B. All parking spaces for a building must be located within three hundred and fifty (350) feet of walking distance from the building's public entrance. Big Box uses are excluded from this provision. C. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or bollards. D. Speed bumps are not permitted within a fire lane. E. Drive aisles in front of buildings cannot be longer than three hundred (300) feet continuous without an offset equal to the width of the drive aisle, traffic circle, or other acceptable traffic -calming feature approved by the Director of Development Services or his/her designee. F. Restaurants shall receive a fifty percent (50%) reduction to the required parking for areas designated as outdoor dining. The reduction in parking only applies to parking spaces that are required due to the square footage of the outdoor dining area. 8.5 LANDSCAPING AND OPEN SPACE REQUIREMENTS A. Required parking lot trees maybe consolidated into groups under the following conditions: 1. The number of required trees is one (1) per ten (10) parking spaces. 2. Consolidated tree islands require one hundred and eighty (180) square feet per tree. 3. The maximum run of parking spaces is increased from fifteen (15) to thirty (30). 4. This consolidation does not include the tree islands at the end of a row of parking or along perimeter parking rows that face a drive aisle or street. 5. A consolidated tree island shall not be located closer than five (5) parking spaces from an end of row tree island. B. All uses containing a drive-in or drive-thru shall be subject to the following standards: 1. A minimum ten (10) foot wide landscape island shall be constructed around the outer edge of the drive- thru lane for a minimum distance to equal the length of stacking required for the drive-thru facility. 2. The landscape island shall contain minimum three (3) inch caliper evergreen or deciduous trees planted fifteen (15) feet on-centerwith minimum five (5) gallon shrubs planted three (3) feet on center. Ornamental trees evenly interspersed between the evergreen or deciduous trees may be substituted for the shrubs. If the landscape island is located on the perimeter of the property, perimeter landscaping requirements may be applied towards this requirement. C. A final open space plan shall be submitted with the Final Site Plan application for all non-residential uses. Open space plans will be used only to ensure minimum standards are met. Open space plans shall be reviewed and approved by the Director of Development Services or his/her designee. The applicant may appeal the decision to the Planning & Zoning Commission. For nonresidential development, seven (7) percent of the net lot area is required to be provided as open space. The open space may consist of any 4-n CHAPTER 4 - DEVELOPMENT REQUIREMENTS SECTION 8 - NON-RESIDENTIAL DESIGN AND DEVELOPMENT element that is not one of the following: 1. Vehicular paving. 2. Required parking lot landscape islands. 3. Building footprint. 4. Utility yards. 5. Required landscape setbacks. 6. Sidewalks, unless the sidewalk is designated as an outdoor dining area on the approved site plan. 7. Detention ponds. Detention ponds that are located between the building and street and contain a constant water level, are landscaped, or otherwise treated as an amenity for the development, as determined by the Director of Development Services or his/her designee, may be calculated toward the required open space. 8.6 ACCESS REQUIREMENTS A. All retail/commercial driveways served by a median opening shall be divided. B. All retail/commercial properties shall have access to a median opening either directly, or through cross access. C. All non-residential lots shall provide cross access drive aisles to adjacent non-residential properties. 1. If used as a fire lane, the cross access drive aisle shall meet all the criteria for a fire lane. 2. A shared driveway located along a common property line is encouraged and satisfies the requirement for cross access. INDUSTRIAL, WHOLESALE, AND INSTITUTIONAL DEVELOPMENT STANDARDS 8.7 EXTERIOR APPEARANCE OF BUILDINGS AND STRUCTURES A. All exteriorfacades of industrial, wholesale, or institutional building orstructure, excluding glass windows and doors, shall be constructed using the permitted buildings materials in Chapter 4, Section 8.2 (B. & C). B. Permitted primary exterior materials are clay fired brick, natural, precast, and manufactured stone, granite, marble, architectural concrete block, split face concrete masonry unit, and architecturally finished concrete tilt wall. C. Secondary materials used on the facade of a building are those that comprise a total of ten (10) percent or less of an elevation area. Permitted secondary materials are all primary materials, aluminum or other metal, cedar or similar quality decorative wood, stucco, and high impact exterior insulation and finish systems (EIFS).Stucco and EIFS are only permitted a minimum of nine (9) feet above grade.. D. No single material shall exceed eighty (80) percent of an elevation area. A minimum of twenty (20) percent of the front facade and all facades facing public right-of-way shall be clay fired brick or natural, precast, or manufactured stone. The clay fired brick or natural, precast, or manufactured stone shall be located at the main entry points of the building. E. The front facade, all facades facing public right-of-way, and all facades facing property that is zoned or designated on the Future Land Use Plan for residential uses shall be architecturally finished with same materials, detailing, and features. The architectural finish of all other facades must match the remainder of the building in color only. F. All buildings with a front facade or a facade facing public right-of-way which are greater than two hundred (200) feet in length shall incorporate projections or recesses that are at least six (6) feet deep. 4-8-4 CHAPTER 4 - DEVELOPMENT REQUIREMENTS SECTION 8 - NON-RESIDENTIAL DESIGN AND DEVELOPMENT Projections/recesses must be at least twenty (20) percent of the length of the facade. G. Windows shall have a maximum exterior visible reflectivity of ten (10) percent. The intent of this provision is to prevent the safety hazard of light reflecting from the windows on to adjacent roadways. H. All buildings within a common development, as shown on a Preliminary Site Plan, shall have similar architectural styles, materials, and colors. 1. Conceptual facade plans and sample boards shall be submitted with the Preliminary Site Plan application for all non-residential uses. The purpose of the conceptual facade plan is to ensure consistency and compatibility for all buildings within a single development. Facade plans will be used only to ensure minimum standards are met. 2. A final facade plan and sample boards shall be submitted with the Final Site Plan application for all non-residential uses. Facade plans will be used only to ensure minimum standards are met. Facade plans shall be reviewed and approved by the Directorof Development Services or his/her designee. The applicant may appeal the decision to the Planning & Zoning Commission and Town Council using the appeal procedure in Chapter 4, Section 1 of this Ordinance. I. All primary and secondary exterior building materials (exclusive of glass) shall be of natural texture and shall be neutrals, creams, or other similar, non -reflective earth tone colors. Bright, reflective, pure tone primary or secondary colors, such as red, orange, yellow, blue, violet, or green are not permitted. J. Corporate identities that conflict with the building design criteria shall be reviewed on a case -by -case basis and approved by the Director of Development Services or his/her designee. The applicant may appeal the decision to the Planning & Zoning Commission and Town Council using the appeal procedure in Chapter4, Section 1 of this Ordinance. K. Exposed conduit, ladders, utility boxes, and drain spouts shall be painted to match the color of the building or an accent color. Natural metal finishes (patina) are an acceptable alternative to paint. 8.8 CIRCULATION AND PARKING REQUIREMENTS A. Internal drive aisles shall be designed to incorporate ninety (90) degree intersections. A five (5) degree variance is allowable. B. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or bollards. C. Speed bumps are not permitted within a fire lane. D. No more than ten (10) percent of the required parking can be located in the service/loading area of a building except for buildings located on the street. 8.9 LANDSCAPING AND OPEN SPACE REQUIREMENTS A. Required parking lot trees maybe consolidated into groups under the following conditions: 1. The number of required trees is one (1) per ten (10) parking spaces. 2. Consolidated tree islands require one hundred and eighty (180) square feet per tree. 3. The maximum run of parking spaces is increased from fifteen (15) to thirty (30). 4. This consolidation does not include the tree islands at the end of a row of parking or along perimeter parking rows that face a drive aisle or street. 5. A consolidated tree island shall not be located closer than five (5) parking spaces from an end of row tree island. B. All uses containing a drive-in or drive-thru shall be subject to the following standards: 1. A minimum ten (10) foot wide landscape island shall be constructed around the outer edge of the drive- 4-8-5 CHAPTER 4 - DEVELOPMENT REQUIREMENTS SECTION 8 - NON-RESIDENTIAL DESIGN AND DEVELOPMENT thru lane for a minimum distance to equal the length of stacking required for the drive-thru facility. 2. The landscape island shall contain minimum three (3) inch caliper evergreen or deciduous trees planted fifteen (15) feet on -center with minimum five (5) gallon shrubs planted three (3) feet on center. Ornamental trees evenly interspersed between the evergreen or deciduous trees may be substituted for the shrubs. If the landscape island is located on the perimeter of the property, perimeter landscaping requirements may be applied towards this requirement. C. A final open space plan shall be submitted with the Final Site Plan application for all non-residential uses. Open space plans will be used only to ensure minimum standards are met. Open space plans shall be reviewed and approved by the Director of Development Services or his/her designee. The applicant may appeal the decision to the Planning & Zoning Commission. For nonresidential development, seven (7) percent of the net lot area is required to be provided as open space. The open space may consist of any element that is not one of the following: 1. Vehicular paving. 2. Required parking lot landscape islands. 3. Building footprint. 4. Utility yards. 5. Required landscape setbacks. 6. Sidewalks, unless the sidewalk is designated as an outdoor dining area on the approved site plan. 7. Detention ponds. Detention ponds that are located between the building and street and contain a constant water level, are landscaped, or otherwise treated as an amenity for the development, as determined by the Director of Development Services or his/her designee, may be calculated toward the required open space. 8.10 ACCESS REQUIREMENTS A. All non-residential lots shall provide cross access drive aisles to adjacent non-residential properties. 1. If used as afire lane, the cross access drive aisle shall meet all the criteria for afire lane. 2. A shared driveway located along a common property line is encouraged and satisfies the requirement. 4-M iSPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Trish Eller, Code Compliance Officer CODE COMPLIANCE Agenda Item No. 8 CC: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Mike Land, Town Manager Re: Town Council Meeting — July 13, 2010 Date: July 7, 2010 Agenda Item: Discuss and receive input on potential ordinance adoption to address on -street and off-street parking issues. Description of Agenda Item: The Code Compliance Office and the Police Department routinely receive complaints from citizens related to parking of vehicles, oversized trucks, trailers and recreational vehicles (RV) on the street and unimproved surfaces on private property. Attached to this staff report are four (4) pictures showing typical types of complaints received. While staff can, and does, politely ask that anything placed in such a manner that is unsafe be moved, it lacks an ordinance enforcing such a request. Most residential developments within the Town have a Homeowners Association (HOA) that has regulations that prohibit these types of issues that it can use for enforcement. However, there are other areas in Town that do not have HOA's, so, in order to adequately address the complaints the Town of Prosper would have to adopt its own ordinance that restricts, in the Town, parking on an unapproved surface and parking trailers, oversized trucks, recreational vehicles (RV) and boats on the street for an extended period of time. This ordinance could also prohibit parking commercial vehicles in the right of way and parking on unimproved property. Attached to this staff report are excerpts taken from parking ordinances from the City of Rockwall, City of Richardson and City of Corinth prohibiting vehicles, trailers and recreational vehicles from parking on grass and unimproved property. The parking ordinances from these cities also have requirements for parking over -sized vehicles, trailers and boats on the street. These ordinances include definitions for varies types of vehicles and what is considered improved surfaces. Upon reviewing other municipal ordinances and examples of the complaints received, Town staff would like input from the Town Council on whether or not to proceed with preparation of a similar ordinance for consideration by the Town Council at a future meeting. Budget Impact: Not applicable. Agenda Item No. 8 - Page 7 of 2 Legal Obligations and Review: Not applicable. Attached Documents: Four (4) pictures of situations encountered in the Town of Prosper as well as excerpts taken from the following municipal parking ordinances: e City of Rockwall e City of Richardson e City of Corinth Board/Committee Recommendation: Not applicable. Town Staff Recommendation: Town staff recommends that the Town Council discuss and give direction regarding potential ordinance adoption to address on -street and off-street parking issues. Agenda Item No. 8 - Page 2 of 2 EXAMPLES OF PARKING ORDINANCES: • City of Rockwall Parking of boats, boat trailers, and trailers on pubic streets. Sec. 16-230.1. Parking boats, boat trailers, and trailers on public streets. It shall be unlawful for any person or any owner to leave, park or stand any boat, boat trailer or any trailer on any public street, alley, or other public place or property belonging to the city for a period of time exceeding forty-eight (48) hours. (Ord. No. 82-33, § 1, 7-6-82) • City of Richardson YARD PARKING CHAPTER 13: MISCELLANEOUS OFFENSES AND PROVISIONS ARTICLE I. IN GENERAL Sec. 13-1. Recreational vehicles (Yard Parking). (b) It shall be unlawful for the owner, occupant or person in charge of property zoned for residential, duplex, residential duplex or apartment district uses to permit the parking, standing or storing of motor vehicles, trucks or motorcycles on vacant or unimproved property in such zoning districts, or within the front yard between any front building wall and front property line, or in the side yard of corner lots between the side building wall and side property line where the property abuts a street or public right-of- way without locating on an approved parking surface. (d) No owner, occupant or person in charge of a motor vehicle, truck or motorcycle, shall park, stand or store the same on vacant or unimproved property zoned for residential, duplex, residential duplex or apartment district uses, or within the front yard between any front building wall and the front property line, or in the side yard of corner lots between the side building wall and the side property line where the property abuts a street or public right-of-way without locating on an approved parking surface. • City of Corinth CHAPTER 71: STOPPING, STANDING AND PARKING § 71.06 PARIUNNG OF COMMERCIAL VEHICLES ON PUBLIC RIGHT-OF-WAYS. (A) Definition. COMMERCIAL VEHICLE. Any motor vehicle (other than a motorcycle or passenger car) designed or used primarily for the transportation of property, including any passenger car which has been reconstructed so as to be used and which is being used primarily for delivery purposes, with the exception of passenger cars used in the delivery of the United States mail. (B) Parking of commercial vehicles. It shall be unlawful to stop, park, or stand a commercial vehicle upon a public street, alley, parkway, boulevard, or public place. This section shall not apply to street construction; maintenance and repair equipment; trucks, equipment, trailers and vehicles used by public service utility companies engaged in repairing or extending public service utilities; school buses when taking on or discharging passengers at customary bus stops; other vehicles when actually parked at a designated loading zone; or where it is lawful to park a commercial motor vehicle for the purpose of accepting or delivering transportable goods; or a vehicle with a mechanical defect, making it unsafe to proceed further, in which event it shall be lawful to stand or park the vehicle during the time necessary to make emergency repairs. (Ord. 95-01-19-01, passed 1-19-95) Penalty, see § 71.99 2003 S-5 CHAPTER 71: STOPPING, STANDING AND PARKING § 71.07 PARKING CERTAIN VEHICLES IN RESIDENTIAL AREAS. (A) (1) A person commits an offense if the person parks a semi -truck cab and/or trailer, bus, horse or stock trailer, and commercial vehicle in excess of one -ton capacity, as indicated on the vehicle registration, on the street in a residential area, except for purposes of loading or unloading passengers, freight, or merchandise. (a) It is an affirmative defense to prosecution under division (A)(1) that the person is: 1. Parking a horse or stock trailer on property located in a zoning district in which agricultural use is a permitted use; or 2. Loading or unloading passengers, freight or merchandise. (2) All motorized vehicles, trailers, and watercraft, being parked on any residential driveway must be currently registered and licensed as required by state and federal law and belong to the occupant of the residence or non-paying guest. (3) (a) A person commits an offense if, in a residential area, the person parks a passenger car, passenger van, truck camper in combination with its carrying vehicle, watercraft loaded on a watercraft trailer, collapsible camper -trailer, or other vehicle on a surface other than a paved or improved surface. (b) It is an affirmative defense to prosecution for a violation of subsection (a) above that the motor home, travel trailer, watercraft loaded on a watercraft trailer, or utility trailer is parked behind the front building line and screened from public view. (4) A person commits an offense if the person parks a motor home, travel trailer, watercraft loaded on a watercraft trailer, or utility trailer on a private drive or driveway in such a manner that it extends onto the sidewalk or right-of-way. (5) A person commits an offense if he parks a vehicle, camper -trailer, motor home, utility trailer or watercraft loaded on a watercraft trailer in the street for more than 48 consecutive hours. (6) (a) A person commits an offense if the person parks a vehicle, trailer, farming equipment or watercraft on a surface other than an improved or paved surface in front of the building line or side line of a corner lot. (b) It is an affirmative defense to prosecution under subsection (a) that: 1. The farming equipment is used for agricultural purposes in areas where agriculture, livestock, or other agricultural activities, or 2. The equipment or vehicle is screened from public view. (7) A person commits an offense if the person parks or permits to be parked off the street any of the following vehicles and/or equipment for more than 72 consecutive hours, without screening from public view: a truck camper removed from carrying vehicles, boat rigging, watercraft stored off a watercraft trailer, or an inoperative vehicle. (8) A person commits an offense if the person performs repair work, dismantling or assembly of motor vehicles, trailers, watercraft or other machinery or equipment in any driveway in a residential area to the extent such work takes more than 72 consecutive hours to complete. (B) Definitions. For purposes of this section, the following definitions shall apply: BUS. A vehicular structure larger than a passenger van built on, or as part of, a self- propelled motor vehicle chassis primarily designed to provide transportation of passengers. CAMPER -TRAILER. A folding or collapsible vehicular structure, without its own power, designed as temporary living quarters for travel, camping, recreation, and vacation use which is licensed and registered for highway use. HORSE or STOCK TRAILER. A vehicular structure without its own motive power designed primarily for the transportation of horses or stock which, in combination with the towing vehicle, is currently licensed and registered for highway use. IMPROVED or PAVED SURFACE. A surface that consists of materials other than dirt or grass such as, but not limited to, concrete, asphalt, rock, pavestone, etc. and must be attached to the primary surface. If rock is used, the entire surface must be a minimum of four inches in depth with a retaining border surrounding the entire area of rock. MOTOR HOME. A vehicular unit built on or as part of a self propelled motor vehicle chassis, primarily designed to provide temporary living quarters for travel, camping, recreation, and vacation use, and is licensed and registered for highway use. Conversion vans are exempted. RESIDENTIAL AREA. A tract of land zoned or used for residential purposes. SCREEN. A six-foot wood or masonry fence, or living screen of trees, shrubs or hedge. TRAVEL TRAILER. A rigid structure, without its own motive power, designed as a temporary dwelling for travel, camping recreation and vacation use, which is licensed and registered for highway use and which when equipped for the road has a body width of not more than eight feet. TRUCK CAMPER. A portable structure, without its own motive power, designed to be mounted on a power vehicle as a temporary dwelling for travel, camping, recreation and vacation use, and which in combination with the carrying vehicle is licensed and registered for highway use. UTILITY TRAILER. A vehicular structure without its own motive power designed and/or used for the transportation of all manner of vehicles, livestock, goods and materials and is currently licensed or registered for highway use. 2004 S-6 Stopping, Standing and Parking 11 WATERCRAFT. A boat or any device used or capable of being used for navigation on water. WATERCRAFT TRAILER. A vehicular structure without its own motive power, specifically designed to transport watercraft for recreation and vacation use and which is currently licensed and registered for highway use. (C) If any motorized vehicle, trailer, or watercraft is equipped with liquified gas containers, such containers shall meet the standards of either the Interstate Commerce Commission of Federal Department of Transportation or the American Society of Mechanical Engineers as such standards exist on the date of passage hereof. The valves of such liquified petroleum gas containers must be closed when the vehicle or watercraft is not being readied for immediate use, and in the event leakage is detected from such liquified petroleum gas containers, immediate corrective action must be taken. All other flammable liquids aboard any vehicle or watercraft shall be stored in containers designed for that purpose. (D) At no time shall any parked and/or stored motorized vehicle, trailer, or watercraft be occupied or used for living, sleeping, or housekeeping. Non-paying quests of the residents of a household are exempted for periods not to exceed seven days in any 30 day period. (E) (1) No motorized vehicle, trailer, or watercraft, shall be parked, let stand or stored in such manner as to create a dangerous or unsafe condition. (2) Parking, standing, and/or storing any motorized vehicle, trailer, or watercraft, in such a fashion that such may tip or roll shall be considered a dangerous and unsafe condition. (F) Penalty. (1) Any person, firm corporation or association violating any provision of this section shall be deemed guilty of a misdemeanor, and shall upon conviction be fined a sum not to exceed $500 and each day violation of this section continues shall constitute a separate offense. (2) Prior to issuance of a citation on public or private property, a one-time, 48-hour notice of violation and other provisions of this chapter shall be given in order to provide the offending party an opportunity to make the necessary corrections to be in compliance with this chapter. (3) Nothing in this chapter is intended to diminish in any respect Deed Restrictions which may impose more stringent requirements than those provided herein. (Ord. 92-06-04-4, passed 6-4-92; Am. Ord. 01-10-04-23, passed 10-4-01; Am. Ord. 03- 12-18-27, passed 12-18-03) 2004 S-6 _ ram..-�-- _ �_ �x,v. '+ •• N 4-4 _' 08/07/2010 9 mlllr-� -: - - low oaio7izoio T � i NOR 08/07/2010