09.28.2010 Town Council PacketISPER
OWN OF
1. Call to Order / Roll Call.
2. Invocation and Pledge of Allegiance.
AGENDA
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, September 28, 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)
September 14, 2010 — Town Council Meeting
September 22, 2010 — Special Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. Consider and act an ordinance rezoning 162.7f acres, located on the southeast corner of Teel Parkway and
Fishtrap Road, from Agricultural (A) to Planned Development-Commercial/Commercial Corridor (PD-C/CC).
(Z10-0012). (CC)
C. Consider and act upon 1) an interlocal agreement between the Town of Prosper and the City of Frisco
regarding the provision of Geographic Information Systems (GIS) Services to the Town and 2) a resolution
authorizing the Town Manager to execute the same. (CC)
d. Consider and act upon a change order #1 to Walker Partner, LLC, for Engineering Design Services for the
Wilson Creek Tributary Wastewater Interceptor. (MB)
e. Consider and act upon 1) a change order # 1 to Jacobs Engineering, Inc. for Professional Design Services for
the Community Park and 2) a resolution authorizing the Town Manager to execute the same. (WI)
f. Consider and act upon the expenditure of Park Improvement Funds for improvements at Town Lake Park.
(WH)
g. Consider and act upon 1) an Interlocal Agreement between the Prosper Independent School District and the
Town of Prosper, Texas for the multi -purpose facility and 2) adopt a resolution authorizing the Town Manager
to execute the same. (WI)
h. Consider and act on a Resolution by the Prosper Town Council supporting the Collin County Commissioner's
Court request regarding Collin County's representation at the Congressional and State levels resulting from
redistricting efforts in 2011. (ML)
Page 1 of 2
FINANCIALS
i. Consider and act upon the financial statements ending August 31, 2010. (MG)
CITIZEN'S COMMENTS
(The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please
complete a "Public Comments Form" and present it to the Town Secretary prior to the meeting.)
5. Other Comments by the Public.
REGULAR AGENDA
(If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town Secretary
prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a
non-public hearing related items will be recognized on a case -by -case basis, at the discretion of the Mayor and Town Council.)
PUBLIC HEARINGS
6. A public hearing to consider and act on an ordinance approving a negotiated resolution between the Atmos
Cities Steering Committee and Atmos Energy Corp. Mid -Tex Division regarding a third rate review
mechanism, allowing for the increase of rate tariffs and extending the rate review mechanism process. (MG)
DEPARTMENT ITEMS
7. Receive the Community Library monthly update. (LS)
8. Discuss and appoint individuals to the Parks and Recreation Board, Planning & Zoning Commission, Board of
Adjustments/Construction Board of Appeals, and Economic Development Corporation. (MD)
9. Consider and act upon an ordinance adopting a no -truck route to regulate the activities of commercial trucks in
the Town of Prosper on a portion of Frontier Parkway from Burlington Northern Santa Fe Railway to Dallas
North Toll Road. (F.n
10. Consider and act an ordinance amending Sign Ordinance No. 10-010, Section 1.09(Q), Canopy Signs. (CC)
11. Discuss and receive input on the proposed median landscaping design of Prosper Trail from Dallas North
Tollway to Preston Road. (HW)
12. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
13. Adjourn.
CERTIFICATION
I, the undersigned aulheritV,do hereby rtify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place
convenient adily accossible to the gegeral public at all times, and said Notice was posted by the following date and time: Friday, September 24, 2010 at
p.rp. remained so posted at least 72 fours before said meeting was convened.
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1Vl�fthew D. Denton, TRMC e� ��. •°°°° •°"°°•° A Ite Noticed Removed
T wn Secretary
In addition to any specifically identified Executive Sessions, Council may Ganv epto Exe sion unger ,Sed%on 551 of the Texas Government Code at any
point during the open meeting to discuss any item posted on this agenda. 'W Xppetp Meetin ovides speokiicMceptions that require that a meeting be open.
Should Council elect to convene into Executive Session, those exceptions AJp be specifically identified andlannouitled. Any subsequent action, as a result of this
Executive Session, will be taken and recorded in open session. v
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town ncilMrilflflgMe wheelch� accessible. Persons with disabilities who plan to
attend this meeting and who may need auxiliary aids or services such as Interpr �Sfor' iEr,*Jk%ho of or hearing impaired, readers, or large print, are
requested to contact the Town Secretary's Office at (972) 346-2640 or by FAX (972) 01�j Jl .V&Mkh IS NOT AVAILABLE.
Page 2 of 2
TOWN OF
S PE
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, September 14, 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; Chris
Copple, Senior Planner; Trish Eller, Code Compliance Officer; Curtis Smith, Fire Captain; Frank Jaromin, Public
Works Director; Michael Bulla, CIP Project Manager; and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance. +����
The Invocation was given ���'�`1
o a g ve by Pastor Glen Gabbertt, Christian Life Assembly.
Mayor Pro-Tem Smith led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Mike Land, Town Manager, announced the Prosper Homecoming Parade set for Friday, Sept. 24 at 2 p.m.;
Prosper's National Night Out, set for Oct. 5 at 6 p.m.; the Cory Ausenbaugh Memorial 5K Fun Run and 1 Mile
Walk and the Prosper Health and Safety Fair both set for Oct 9.
CONSENT AGENDA
4. Consent Agenda
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MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
1111111111
August 24, 2010 — Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. Consider and act upon an ordinance amending Chapter 4, Section 9.4 (D) of the Zoning Ordinance,
regarding the side yard setback of the face of a garage that faces a side yard (a swing -in garage).
(Z10-0013). (CC)
C. Consider and act upon an ordinance amending Chapter 3, Section 1.4 (10) and Chapter 3, Section 2.2
(paragraph 9) of the Zoning Ordinance, regarding the conditional development standards and
definition of a Non -Commercial Antenna. (Z10-0014). (CC)
d. Consider and act upon a resolution declaring the intent of the Town to reimburse expenditures for
the purchase of ambulances from proceeds of tax-exempt obligations. (MG)
Page 1 of 6
e. Consider and act upon a resolution authorizing the Town Manager to issue a Purchase Order for two
ambulances not to exceed $380,000 to be paid for from General Fund Balance until reimbursed by
proceeds of tax exempt obligations. (MG)
Deputy Mayor Pro-Tem Miller requested items 4f and 4g be pulled from the consent agenda.
Motioned by Councilmember Vestal, seconded by Mayor Pro-Tem Dugger to approved items 4a — Fe.
Motioned approved 7-0.
f. Consider and act upon an amendment to the contract with Collin County for Animal Control
Services, extending the agreement through FY 2010-11 at a cost of $35,975, authorizing the Town
Manager to execute the same. (MG)
g. Consider and act upon an amendment to the contract with Collin County for Animal Sheltering
Services, extending the agreement through FY 2010-11 at a cost of $22,819, authorizing the Town
Manager to execute the same. (MG)
Motioned by Deputy Mayor Pro-Tem, seconded by Mayor Pro-Tem Dugger to approve items 4f and 4g.
Motion approved 7-0. ,,,,,,,,,,,
CITIZEN'S COMMENTS
5. Other Comments by the Public.
There were no comments by the public.
REGULAR AGENDA
Mayor Smith moved item 12 up in the agent
12. Discuss and provide direction to Town staff on a proposed ordinance restricting the on -street and
off-street parking of certain vehicles. (TE)
Trish Eller, Code Compliance Officer, gave council background information on this item.
Ron Underwood, 8A Rhea Mills, spoke against the proposed ordinance.
Kym Burrow, 4C Rhea Mills Circle, spoke against the proposed ordinance.
Curtis Evanczyk, 7A Rhea Mills Circle, spoke against the proposed ordinance.
April Arnold, 5C Rhea Mills Circle, spoke against the proposed ordinance.
Ray Aronold, 5C Rhea Mills Circle, spoke against the proposed ordinance.
James Burrow, 4C Rhea Mills Circle, spoke against the proposed ordinance.
Emmett Barnes, 6C Rhea Mills Circle, spoke against the proposed ordinance.
Paul Funderburg, 641 Sondra Circle, spoke in favor of the ordinance.
Ann Lieber, 1190 Crooked Stick, asked council a question.
Steven Meyer, 106 Meadowgreen, spoke against the proposed ordinance.
Council discussed the proposed ordinance and gave staff direction to bring back the ordinance with changes on a
future agenda.
PUBLIC HEARINGS
6. A public hearing to consider and act upon 1) a request to rezone 6.4f acres, located on the west side
of Dallas Parkway, 900f feet south of First Street (626 S. Dallas Parkway), from Single Family-15
(SF-15) to Commercial Corridor (CC) and 2) an ordinance rezoning the same. (Z10-0011). (CC)
Page 2 of 6
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Councilmember Vestal, seconded by Councilmember Wilson to open the public hearing.
Motion approved7-0.
Mayor Smith opened the public hearing at 7:07 p.m.
There were no comments by the public.
Motioned by Councilmember Wilson, seconded by Councilmember Vestal to close the public hearing.
Motion approved 7-0.
Mayor Smith closed the public hearing at 7:08 p.m.
Motioned by Councilmember Vestal, seconded by Mayor Pro-Tem Dugger to approve the request to rezone 6.4±
acres, located on the west side of Dallas Parkway, 900f feet south of First Street (626 S. Dallas Parkway), from
Single Family-15 (SF-15) to Commercial Corridor (CC) and an ordinance rezoning the same.
Motion approved 7-0.
7. A public hearing to consider and act upon a request to rezone 12.7f acres, located on the north side
of First Street, 4,300f feet west of Custer Road, from Agricultural (A) to Planned Development -
Single Family-10 (PD-SF-10). (Z10-0010). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Dixon to open the public hearing.
Motion approved 7-0. 1111 1�►tl�f �# "111i`
Mayor Smith opened the public hearing at 7:12 p.m. ,
Dale Clark, 16250 Knoll Tr. Dallas, answered questions for council.
George Dupont, 1400 Harvest Ridge, answered questions for council.
Motioned by X�ayor Pro-Tem Dugger, seconded by Councilmember Dixon to close the public hearing.
Motion approved 7-0.
Mayor Smith closed the public hearing at 7:16 p.m.
Motioned by Councilmember Vestal, seconded by Mayor Pro-Tem Dugger to approve the request to rezone 12.7f
acres, located on the north side of First Street, 4,300f feet west of Custer Road, from Agricultural (A) to Planned
Development -Single Family-10 (PD-SF-10) subject to revising Exhibit C, Section 1.06 to read, "Minimum Lot
Width at Front Building Line: 80'."
Motion approved 7-0.
8. A public hearing to consider and act upon a request to rezone 162.7f acres, located on the southeast
corner of Teel Parkway and Fishtrap Road, from Agricultural (A) to Planned Development-
Commercial/Commercial Corridor (PD-C/CC). (Z10-0012). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Vestal to open the public hearing.
Motion approved 7-0.
Page 3 of 6
Mayor Smith opened the public hearing at 7:27 p.m.
Matt Robinson, owner representative, answered questions for council.
Motioned by Mayor Pro -Tern Dugger, seconded by Councilmember Vestal to close the public hearing.
Motion approved 7-0.
Motioned by Mayor Pro-Tem Dugger, seconded by Deputy Mayor Pro-Tem Miller to approve a request to rezone
162.7f acres, located on the southeast corner of Teel Parkway and Fishtrap Road, from Agricultural (A) to Planned
Development-Commercial/Commercial.
Motion approved 7-0.
DEPARTMENT ITEMS
9. Consider and act upon 1) an Interlocal Cooperative Agreement between the Town of Prosper and
Denton County concerning the improvements to Parvin Road from Good Hope Road to North
Legacy. Specifically, the improvements shall include the installation of six inches of flex base
approximately twenty feet wide for approximately 10,000 linear feet, and 2) adopt a resolution
authorizing the Town Manager to execute the same. (F.n
Mike Land, Town Manager, gave council background information on this item. ! f !
Motioned by Mayor Pro-Tem Dugger, seconded by Deputy Mayor Pro-Tem Miller to approve 1) an Interlocal
Cooperative Agreement between the Town of Prosper and Denton County concerning the improvements to Parvin
Road from Good Hope Road to North Legacy. Specifically, the improvements shall include the installation of six
inches of flex base approximately twenty feet wide for approximately 10,000 linear feet, and 2) adopt a resolution
authorizing the Town Manager to execute the same. 1EI
Motion approved 7-0.
10. Consider and act upon a request from the Prosper Developers Council to classify the Prosper in
Prosper Campaign as a special event per Section 1.18 of the Sign Ordinance and to allow three (3)
signs associated with the special event to be erected for a maximum of one hundred eighty (180) days.
( C) I�{Ililililf!l1��(�# T�j ?!,. ;�lfl1111��
Chris Copple, Senior Planner, gave council background information on this item.
Cleburne Smith, Prosper Developer's Council representative, spoke in favor of the request.
Motioned by Councilmember Wilson, seconded by Councilmember Vestal to approved a request from the Prosper
Developers Council to classify the Prosper in Prosper Campaign as a special event per Section 1.18 of the Sign
Ordinance and to allow three (3) signs associated with the special event to be erected for a maximum of one
hundred eighty (180) days.
Motion approved 7-0.
11. Discuss and receive input on the proposed median landscaping design of Prosper Trail from Dallas
North Tollway to Preston Road. (MB)
Hulon Web, Director of Development Services, gave council background and answered questions.
Michael Bulla, CiP Project Manager, answered questions for council.
George Dupont spoke in favor of the proposed landscaping.
Page 4 of 6
Paul Funderburg, 641 Sondra Circle, spoke regarding the landscaping issues in the Trails of Prosper subdivision
that is affected by the Prosper Trail construction.
Council gave staff direction and directed the item to be placed on a future agenda.
13. Consider and act upon adopting the FY 2010-11 Compensation Schedule. (ML)
Mike Land, Town Manager, gave council background information on this item.
Motioned by Deputy Mayor Pro-Tem Miller, seconded by Councilmember Wilson to adopt the FY 2010-11
Compensation Schedule with the staff recommended changes to Table 2.
Motion approved 7-0.
14. A public hearing to consider and act on an ordinance increasing and modifying Water and
Wastewater fees and rate structures. (MG)
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Mike Land, Town Manager, gave council background information on this item.
Motioned by Deputy Mayor Pro-Tem Miller, seconded by Mayor Pro-Tem Dugger to open the public hearing.
Motion approved 7-0.
Mayor Smith opened the public hearing at 8:11 p.m.
Steven Meyer, 106 Meadowgreen, asked council a question.
Chris Blair, Prosper's NTRWD representative, answered questions for council.
Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Wilson to close the public hearing.
Motion approved 7-0. ,�flil(ilillfliilli�j(�Il1l�, t �� j ��.11�# �'►��,
Mayor Smith closed the public hearing at 8:12 p.m.II
Motioned by Councilmember Wilson, seconded by Deputy Mayor Pro-Tem to approve Item 14 as presented by
staff. ..1i111011111€101111i1111111 � ��'
Motion approved 7-0.!l�i1111 Ilia,"1II�1:E,,
15. Consider and act upon an ordinance adopting the Fiscal Year 2010-11 Budget and setting the
appropriations for the Fiscal Year beginning October 1, 2010 and ending September 30, 2011. (ML)
Mike Land, Town Manager, gave council background information on this item.
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Motioned by Councilmember Dixon, seconded by Mayor Pro-Tem Dugger to approve the ordinance adopting the
2010-2011 Budget for the fiscal year beginning October 1, 2010 and ending September 30, 2011 as proposed and
filed by the Town Manager with the following adjustments: Adding the Items Listed as Changes by Staff as
Included with this Agenda Item.
Motion approved 7-0.
16. Consider and act upon an ordinance adopting the Town of Prosper 2010 Property Tax Rate. (ML)
Mike Land, Town Manager, gave council background information on this item.
Motioned by Councilmember Vestal, seconded by Councilmember Dixon to approve the ordinance setting the 2010
property tax rate, adopting a tax rate of $0.52 cents per $100 assessed valuation, which is the current rate and less
than both the effective and rollback tax rates.
Motion approved 7-0.
Page 5 of 6
17. Consider and act upon an ordinance to ratify the property tax revenue increase reflected in the
Fiscal Year 2010-11 Adopted Budget as required under Section 102.007(c) of the Local Government
Code. (MG)
Mike Land, Town Manager, gave council background information on this item.
Motioned by Councilmember Vestal, seconded by Councilmember Wilson to approve the ordinance ratifying the
property tax revenue increase as reflected in the Fiscal Year 2010-2011 Budget.
Motion approved 7-0.
EXECUTIVE SESSION
18. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code to wit:
Section 551.072 to deliberate regarding real property.
Motioned by Mayor Pro -Tern Dugger, seconded by Councilmember Vestal to recess into closed session.
Motion approved 7-0. ( }}{
Council recessed into closed session at 8:25 p.m.
19. Reconvene into regular session and take any action necessary as a result of the closed session.
Motioned by Deputy Mayor Pro -Tern Miller, seconded by Councilmember Vestal to reconvene into regular session.
Motion approved 7-0.
Council reconvened into open session at 8:53 p.m.
20. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
21. Adjourn. j
Motioned by Councilmember Vestal, seconded by Councilmember Benefield to adjourn.
Motion approved 7-0.
Mayor Smith adjourned the meeting at 8:54 p.m.
Attest:
Matthew D. Denton, TRMC
Town Secretary
Ray Smith, Mayor
Page 6 of 6
ISPER
OWN OF
1. Call to Order / Roll Call.
The meeting was called to order at 6:05 p.m.
Roll call was taken by Mayor Smith.
MINUTES
Special Meeting of the Prosper Town Council
Prosper High School Administration Office
301 Eagle Drive, Prosper, Texas
Wednesday, September 22, 2010 at 6:00 p.m.
Council present included: Mayor Ray Smith, Mayor Pro-Tem Kenneth Dugger, Deputy Mayor Pro-Tem Meigs
Miller, Danny Wilson, and Jason Dixon.
Staff present included: Mike Land, Town Manager and Matthew Denton, Town Secretary.
2. Town Council interview with candidates for the open boards and commission positions.
The meeting was adjourned at 8:15 p.m.
Matthew D. Dei
Town Secretary
Ray Smith, Mayor
10
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 — September 28, 2010
Date: September 23, 2010
Agenda Item:
Consider and act upon an ordinance rezoning 162.7t acres, located on the southeast corner of
Teel Parkway and Fishtrap Road, from Agricultural (A) to Planned Development-
Commercial/Commercial Corridor (PD-C/CC). (Z10-0012).
Description of Agenda Item:
At the September 14, 2010 meeting, the Town Council approved zoning case Z10-0012, 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 162.7t acres,
located on the southeast corner of Teel Parkway and Fishtrap Road, from Agricultural (A) to
Planned Development-Commercial/Commercial Corridor (PD-C/CC).
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 162.722 ACRES, MORE OR
LESS, SITUATED IN THE LOUISA NETHERLY SURVEY, ABSTRACT NO.
962, IN THE TOWN OF PROSPER, DENTON 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 Two-J Partners,
LLLP ("Applicant") to rezone 162.722 acres of land, more or less, situated in the Louisa Netherly Survey,
Abstract No. 962, 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: Findingsrporated. 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 162.722 acres of
land, more or less, situated in the Louisa Netherly Survey, Abstract No. 962, 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 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 "B"; 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 28TH DAY OF SEPTEMBER, 2010.
APPROVED AS TO FORM:
Ray Smith, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
Matthew Denton, Town Secretary
DATE OF PUBLICATION.• , Dallas Morning News
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EXHIBIT'A'
ZONING CASE NO. Z10-0012
ne •aLs BLA1G 102 N .09E5 OU) OF TXE
S1 R
BFItT TmDA R UIWS. NO MEl' 902
Y9LIIIE 6i3 PMC ee'7 IOS #CT
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OISINO Zlevl9 - .W 00.LTIRK
RIIP - LW41WL R:�U1P AIFVEYUR VA RE R 1H
57 P.
. 3ts7 CINl1YJ1 aw. 10.RWO
•TIANTA OE09aL 00300 TX 75G34
266-25 0 (214) 007-0900
AUGUST 2010
SHEET t OF t
EXHIBIT "B"
Z70-0012
GRAY 163
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 Gray 163, such as topography, thoroughfare locations, proposed uses and development
opportunities will formulate a distinctive approach for the Town's future.
EXHIBIT "C"
GRAY 163
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) and the Subdivision Ordinance (Ordinance No. 03-05 as it currently exists or may be
amended) shall apply.
Commercial District (106.903 acres) - 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.
1.2 Non -Permitted or Restricted Uses: Land uses not allowed or different from the "C-Commercial" District
regulations of the Town of Prosper Zoning Ordinance 05-20 as presently exist shall be as follows:
Uses followed by an S are permitted by specific use permit. Uses followed by an NP are not
permitted:
• Athletic Stadium or Field, Private NP
• Athletic Stadium or Field, Public S
• Bus Terminal NP
• Commercial Amusement, Outdoor S (not to be located within 1,000 feet of Teel Parkway)
• Recycling Center NP
• Recycling Collection Point NP
• Sewage Treatment Plant/Pumping Station NP
• Water Treatment Plant NP
2. Commercial Corridor District (55.820 acres) — 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, Public S
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
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 (not to be located within 1,000 feet of Teel Parkway)
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
• 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
• 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
• 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 Zoninq 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"
GRAY 163
PLANNED DEVELOPMENT DISTRICT
DEVELOPMENT SCHEDULE
It is anticipated that the development of Gray 163 will begin within 5 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 Gray 163, excluding total construction of all structures, will be completed
within 15 to 25 years of zoning approval.
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. 4c
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — September 28, 2010
Date: September 23, 2010
Agenda Item:
Consider and act upon 1) an interlocal agreement between the Town of Prosper and the City of
Frisco regarding the provision of Geographic Information Systems (GIS) Services to the Town and
2) a resolution authorizing the Town Manager to execute the same.
Description of Agenda Item:
For the years 2003-2005, the Prosper Economic Development Corporation (PEDC) contracted with
the City of Frisco for the provision of GIS Services to the Town. In 2005, the funding for the
agreement was shifted from the PEDC to the Development Services Department. The current
interlocal agreement with Frisco expires at the end of September. Therefore, staff has contracted
for an extension to the agreement.
Budget Impact:
Approval of this agreement obligates the Town to pay Frisco $45,000 divided into four equal
quarterly payments for the provision of GIS services. The FY10-11 Planning Division Budget
includes $45,000 for GIS services.
Legal Obligations and Review:
The Town Attorney is also Frisco's City Attorney. This agreement has been reviewed by the Town
Attorney.
Attached Documents:
Interlocal Agreement between the Town of Prosper and the City of Frisco regarding the
provision of GIS Services.
2. Resolution authorizing the Town Manager to execute the agreement
Town Staff Recommendation:
Town staff recommends that the Town Council approve 1) an interlocal agreement between the
Town of Prosper and the City of Frisco regarding the provision of Geographic Information Systems
(GIS) Services to the Town and 2) a resolution authorizing the Town Manager to execute the
same.
Agenda Item No. 4c - Page f of 1
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF FRISCO, TEXAS
AND THE TOWN OF PROSPER, TEXAS
(Geographic Information Systems Services)
THIS AGREEMENT (the "Agreement"), made and entered into this day of
October, 2010, by and between the CITY OF FRISCO, TEXAS ("Frisco"), a municipal
corporation, and the TOWN OF PROSPER ("Prosper"), a municipal corporation.
WHEREAS, Frisco has investigated and determined that it would be advantageous and
beneficial to Frisco and its citizens to provide Geographic Information System ("GIS") services
to Prosper; and
WHEREAS, Prosper has investigated and determined that it would be beneficial to
Prosper and its citizens to employ Frisco for the purpose of providing GIS services for Prosper;
and
WHEREAS, Prosper has investigated and determined that GIS services will be used to
develop and maintain a database and materials that will be beneficial in attracting future
economic development to Prosper; and
WHEREAS, Prosper has investigated and determined that Frisco has adequate personnel
and equipment to provide the necessary GIS services; and
WHEREAS, Prosper has investigated and determined that obtaining GIS services from
Frisco, as set forth below, will be the most efficient use of funds for GIS services; and
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code
(the "Act"), provides the authority to political subdivisions for contracts by and between each
other to facilitate the governmental functions and services of said political subdivisions under the
terms of the Act.
NOW, THEREFORE, in consideration of the covenants and conditions contained in this
Agreement, Frisco and Prosper agree as follows:
1. Obligations of Prosper.
Prosper will provide to Frisco the materials included in the Statement of Work, attached
hereto as Exhibit "A" and incorporated herein for all purposes, in accordance with the project
schedule included in Exhibit "A".
2. Obligations of Frisco.
A. Frisco will provide the GIS services outlined in Exhibit "A" in accordance with the
project schedule included in Exhibit "A".
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FRISCO, TEXAS AND
THE TOWN OF PROSPER GIS Service) Page 1
401776.v1
B. The electronic data created by Frisco as outlined in Exhibit "A" will be the property of
Prosper and Frisco and shall be provided to Prosper periodically upon written request
and/or upon termination of this agreement.
3. Compensation. Prosper shall pay to Frisco $45,000.00 as compensation for the GIS services
provided to Prosper in accordance with this Agreement. The compensation shall be divided
into four (4) quarterly equal payments.
4. Term/Termination. The term of this Agreement shall commence on the date established
above and shall continue in effect until September 30, 2011. It is the intent of both parties to
extend this agreement through the 2011-2012 fiscal year. At the time of execution of this
agreement, the statement of work for Fiscal Year 2011-2012 had not been determined, nor
had the compensation for such work been calculated. Prior to the termination of this
agreement, the parties shall complete the determination of the Fiscal Year 2011-2012
statement of work and the compensation calculations for such work and negotiate an
extension to this agreement to September 30, 2012. Similar extensions shall be negotiated
near the termination of each fiscal year until such time as either party desires to terminate the
agreement.
5. Notice. Any notice required or permitted to be delivered hereunder shall be deemed to be
delivered, whether or not actually received, when deposited in the United States Mail,
postage pre -paid, certified mail, return receipt requested, addressed to either party, as the
case may be, at the addresses contained below:
City: City of Frisco
Attn: City Manager
6101 Frisco Square Blvd
Frisco, Texas 75034
Town: Town of Prosper
Attn: Town Manager
P.O. Box 307
Prosper, TX 75078
6. Miscellaneous.
A. Assignment. This Agreement is not assignable without the prior written consent of the
Parties.
B. Entire Agreement. This Agreement contains the entire agreement of the parties with
respect to the matters contained herein and may not be modified or terminated except
upon the provisions hereof or by the mutual written agreement of the parties hereto.
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FRISCO, TEXAS AND
THE TOWN OF PROSPER GIS Service) Page 2
401776.v1
C. Venue. This Agreement shall be construed in accordance with the laws of the State of
Texas and shall be performable in Collin County, Texas.
D. Consideration. This Agreement is executed by the parties hereto without coercion or
duress and for substantial consideration, the sufficiency of which is forever confessed.
E. Counterparts. This Agreement may be executed in a number of identical counterparts,
each of which shall be deemed an original for all purposes.
F. 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.
G. Savings/Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect any other provision
thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
H. Representations. Each signatory represents this Agreement has been read by the party
for which this Agreement is executed and that such party has had an opportunity to
confer with its counsel.
I. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally
by all parties hereto. The language of all parts of this Agreement shall be construed as a
whole according to its fair meaning, and any presumption or principle that the language
herein is to be construed against any party shall not apply. Headings in this Agreement
are for the convenience of the parties and are not intended to be used in construing this
document.
J. Pursuit of a Governmental Function. Both Frisco and Prosper have determined by
their execution of this Agreement that this Agreement and the obligations of the parties
contained herein are in discharge of a governmental function as set forth in the Interlocal
Cooperation, Chapter 791, Texas Government Code, and the participation by either party
in the terms of this Agreement shall not make such party an agent or representative of the
other party.
K. Sovereign Immunity. The parties agree that neither Frisco nor Prosper has waived its
sovereign immunity by entering into and performing their respective obligations under
this Agreement.
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FRISCO, TEXAS AND
THE TOWN OF PROSPER GIS Service) Page 3
401776.v1
L. Binding Agreement. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns. No third party
shall have any rights herein.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective on the latest date as reflected by the signatures below.
THE CITY OF FRISCO, TEXAS
By: Date:
Name:
Title:
THE TOWN OF PROSPER
By: Date:
Name:
Title:
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FRISCO, TEXAS AND
THE TOWN OF PROSPER GIS Service) Page 4
401776.v1
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared
known to me to be one of the persons whose names are
subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized
representative for the TOWN OF PROSPER, TEXAS, and he/she executed said instrument for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
2010.
Notary Public in and for the
State of Texas
My Commission Expires:
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared
, known to me to be one of the persons whose names are
subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized
representative for the CITY OF FRISCO, TEXAS, and he/she executed said instrument for the
purposes and consideration therein expressed.
2010.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
Notary Public in and for the
State of Texas
My Commission Expires:
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FRISCO, TEXAS AND
THE TOWN OF PROSPER GIS Service) Page 5
401776.v1
EXHIBIT A
Statement of Work
GIS Services for Town of Prosper
City of Frisco, GIS
FY11
Introduction
This Statement of Work (SOW) sets forth requirements of Town of Prosper for implementation
of work, including the maintenance of GIS Base Layers, maintenance of end user GIS software,
Mapping Services.
Maintain GIS Base Layers
Prosper has requested the following data layers be maintained:
1. Parcel 12. Town Limits
2. TaxRoll 13. ETJ
3. Water
4. Sewer
5. Storm
6. Roads
7. Zoning
8. Addresses
9. Annexation
10. Subdivision
11. Hunting Layer
Maintain End User GIS Software
14. Public facilities
15. Parks
16. Schools
17. Final Plats
18. Sex Offender Locations
19. Sex Offender Free Zones
20. Developer Agreements
21. Trash Days
Prosper has requested the maintenance of the ArcReader or online solution.
Mapping Services
Prosper has requested "on demand" as well as ongoing mapping services.
Work To Be Performed
Maintain GIS Base Layers
Prosper will provide Frisco Final Plats, in both PDF and AutoCAD formats. Frisco will enter
these Final Plats into the GIS base layer.
Frisco will engage RAMTeCH Corporation for a continuation of the current data conversion
contract.
Prosper will provide Frisco AsBuilts, in both PDF and AutoCAD formats, along with any GPS
data collected, to be converted by RAMTeCH within 2 weeks of receipt by Prosper. To maintain
efficiencies, Frisco will be sending these plans to Ramtech in bulk deliveries upon receipt of at
least 6 plans or every 3 months whichever occurs first. Prosper will provide Frisco with an
average of 3 Zoning changes and/or new ordinances per month for input into the GIS.
Prosper will provide Frisco with an average of 2 Annexation changes and/or new ordinances per
month for input into the GIS.
Prosper will provide Frisco with legal descriptions of all Zoning and Annexation cases for
verification prior to Town Council approval.
Maintain End User GIS Software
Frisco will provide support for the online mapping application for internal use only.
Mapping Services
Prosper has requested the following maps be made available on an ongoing basis. In
addition, Prosper has requested these maps in digital (PDF) format.
Ouantity
Frequency
Zoning Maps
7
Quarterly
Street/Subdivision Maps
20
Quarterly
Annexation Maps
7
Quarterly
Wet Dry Maps
5
2 x per year
Fire Map Book (PDF)
0
6-8 x per year
Sex Offender Maps
3
1-2 x per year
Developer Agreement Maps
3
1-2 x per year
Prosper has requested "on demand" mapping services to be provided as needed. The
mapping services will not exceed and average of 8 hours per month.
TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN THE TOWN OF PROSPER,
TEXAS AND THE CITY OF FRISCO, TEXAS REGARDING THE
PROVISION OF GEOGRAPHIC INFORMATION SYSTEMS SERVICES
FOR THE TOWN.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to
execute, on behalf of the Town Council of the Town of Prosper, Texas, an Inter -Local Agreement
between the Town of Prosper, Texas, and The City of Frisco, Texas regarding the provision of
Geographic Information Systems Services for the Town in the amount of $45,000.00.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 28`h day of September, 2010.
Ray Smith, Mayor
ATTEST TO:
Matthew Denton
Town Secretary
;IOWN OF
SPER
Prosper is a place where everyone matters.
To: Mayor and Town Council
ENGINEERING
Agenda Item No. 4d
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Mike Land, Town Manager
Frank E. Jaromin, P.E., Director of Public Works
Michael Bulla, CIP Project Manager
Re: Town Council Meeting — September 28, 2010
Date: September 20, 2010
Agenda Item:
Consider and act upon change order #1 to Walker Partners, LLC, for the engineering design
services for the Wilson Creek Tributary Wastewater Interceptor.
Description of Agenda Item:
On February 23, 2010, Town Council approved a design contract for the Wilson Creek Tributary
Wastewater Interceptor. The contract included the design of an approximately 12,100 LF gravity
sewer main extending from the existing trunk within the Whitley Place development to Coit
Road.
In addition to providing service opportunities to the adjoining undeveloped properties, this sewer
main will connect to the Whispering Farms and Greenspoint sewer lines allowing the Town to
shut down the current lift stations serving these developments. There will also be an alternate
design to connect the sewer main to the La Cima lift station along Coit Road. Offloading these
volumes will greatly reduce the likelihood of potential overflows within the sewer system in First
Street which is very near capacity.
This change order provides for:
• An expanded topographic survey of approximately 2850 LF on the eastern end of the
original design.
• Shifting the design of the interceptor to the south side of the creek, reducing the impact
to homes within Whispering Farms by minimizing tree removal.
• Integration of the proposed sewer design through the recently modified future phases of
Whitley Place
• Recalculate the system Drainage Area Map to ensure the proposed design is sufficiently
sized to accommodate the expansion of the West Brookhollow and Taylor 2 areas
adjacent to the sewer.
Agenda Item No._ - Page 1 of 2
Budoet Impact:
The original design contract in the amount of $156,000 was awarded February 23, 2010. The
total cost of this change order is $9,690 and is to be funded by the Sewer Impact Fee Funds.
There are currently no funds budgeted for the construction of the proposed improvements.
Legal Obligations and Review:
N/A
Attached Documents:
The following documentation is being provided for review:
1. Proposed Wilson Creek Sewer Alignment
2. Change Order #1
3. CIP Wastewater Map
Board, Committee and/or Staff Recommendation:
Town staff recommends that the Town Council approve Change Order #1 to Walker Partners,
LLC, regarding the design of the Wilson Creek Tributary Wastewater Interceptor.
Agenda Item No._ - Page 2 of 2
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ENGINEERS • SURVEYORS
September 23, 2010
Town of Prosper
407 East .First Street
Prosper, Texas 75078
Attn: Michael Bulla
Re: Wilson Creek Tributary Wastewater Interceptor
Project No.: 1-01470
Dear Michael:
In July of this year, the Town of Prosper requested that the proposed Wilson Creek Tributary Wastewater
Interceptor alignment be revised. At this time, Walker Partners had completed the topographic survey
field work of the approved original interceptor route. Pursuant to the align rent change, Walker Partners
was required to obtain the additional required topographic survey for the revised alignment. These
services were above and beyond the original scope of our contract with the Town.
The alignment change constituted 2,850 linear feet of the route. The additional effort was time intensive
due to the fact that the work was through extremely dense vegetation and tree cover. Our crews surveyed
a 100-ft wide swath so that we would have 50 ft on both sides of the revised alignment. Walker Partners
requests an additional fee of $9,690.00 for this work based upon a unit fee of $3.40 per linear foot.
VG'e look forward to continuing to work with the Town of Prosper to make the Wilson Creek Project a
successful one. As always, we are available to discuss this issue with you in greater detail at your convenience.
Sincerely,
Clark W. Gauer, P. E.
Project Manager
CWG:cwg
e-mail
Cc: Project File
www.walkerpartners.com I T.B:RE. Registration No. 8053
0:1Projects\i-014701Corr11-01470-LTR to Propser with Additional Topographic Survey Services MG-MG.doe
CIP Wastewater Map
PARKS &
RECREATION
Item No. 4e
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Wade Harden, Sr. Planner
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — September 28, 2010
Date: September 24, 2010
Agenda Item:
Consider and act upon 1) a change order #1 to Jacobs Engineering, Inc. for Professional
Design Services for the Community Park and 2) a resolution authorizing the Town Manager to
execute the same.
Description of Agenda Item:
Jacobs Engineering, Inc. is requesting a change order to the Community Park design contract
with the Town to provide professional design services for the Town's Community Park. The
original contract was in the amount of $538,475.00. The change order in the amount of
$174,500 (see attachment) addresses the following items:
• Re -design center plaza circle east of playground (due to gas easement) due to gas line
requirements, redesign of the circular open space between ball fields was required. -
new during construction
• Design of 6 soccer fields
• Design of 1 additional baseball field
• Design of Restroom/Concession Structure
• Design of Parks division and Fire Department storage facility -
new during construction
• Additional Irrigation Design
• Earth Sculpture Design - new during construction
• Re -design of site electrical
Budget Impact:
2008 bond funds allocated for this project would be utilized for payment of the change order.
Legal Obligations and Review:
No legal review of this request by the Town's attorney is required.
Attached Documents:
1. Change Order submitted by Jacobs Engineering, Inc.
2. Resolution authorizing the Town Manager to execute the change order.
Agenda Item No. 4e - Page 1 of 2
Parks and Recreation Board Recommendation:
At the September 23, 2010 PARBd meeting, the Board approved change order #1 to Jacobs
Engineering, Inc. in the amount of $174,500 by a vote 6-0.
Town Staff Recommendation:
Town staff recommends the Town Council 1) approve the revised change order #1 to Jacobs
Engineering Inc for professional design services for the Community Park in the amount of
$174,500 and 2) adopt a resolution authorizing the Town Manager to execute the same.
Agenda Item No. 4e - Page 2 of 2
JACOBS
Mr. Wade Harden
Sr. Planner
309 East First Street
Prosper Texas 75078
September 7, 2010
Re: Prosper Sport Complex
Wade:
Jacobs Engineering, Inc. is requesting an additional service request to the Community Park
design contract with the Town to provide professional design services for the Town's
Community Park. The original contract was in the amount of $528,000.00, for the basic
design services. The requested change order is $174,500.00. The original construction
value prior to beginning design was estimated at $6,250,000.00 as provided by the town on
November 5, 2008 and the actual construction value after bidding is $9,107,671.00. This
total is in line with the cost estimate provided to the city prior to bidding. During the design
process there were elements of the park that were added as requested by the Town. These
elements are listed below with addition clarification.
• Re -design center plaza circle east of playground (due to gas easement) due to gas
line requirements, redesign of the circular open space between ball fields was
required. (new during construction) ($15,000)
o During construction, gas line owner requested that only 7' of fill is allowed
over the gas line. We had to reduce fill by 3'-5'.
o The design changes required modifications to drainage, stairs, grading,
planting plans, irrigation plans, and structural design for flag pole supports.
o This affected 2 grading sheets, 2 drainage sheets, 2 irrigation sheets, 2 detail
sheets, and 2 electrical sheets.
• Design of 6 soccer fields ($30,000)
o Provided layout, grading, irrigation and planting plans for additional soccer
fields on the SE portion of the site
a This affected 6 grading sheets, 3 drainage sheets, 6 irrigation sheets, and 1
detail sheets.
• Design of 1 additional baseball field ($46,000)
z) Original MP called for a 4-plex design.
o Due to restrictions of the gas line, we could not provide ball fields over gas
line and had to split the complex to either side of the easement. This created
a 51h field at the baseball field complex.
o This required additional grading to all areas around complex, additional
irrigation, planting, bleachers, additional room for playground.
I:\PLA\WUXU2400\DOC Town of Prosper Additional Services.pdf
o This affected 6 grading sheets, 6 drainage sheets, 6 planting sheets, 6
irrigation sheets, 4 detail sheets, and 4 electrical sheets.
• Design of Restroom/Concession Structure ($35,500)
o With the addition of the soccer fields in the SE portion of the site, the program
also included a need for a restroom/concession structure at the soccer area.
a This added 8 architecture sheets, 1 structural sheet, 8 MEP sheets, 2
planting, and 2 irrigation sheets.
o Added additional structural design per cities request for baseball
restroom/concession building.
• Design of Parks division and Fire Department storage facility (new during
construction) ($18,500)
o Addition of maintenance facility to include structural design, building
electrical, concept sketches, pavement design, dumpster site pads, sand
storage, landscape and irrigation.
o This has not been designed yet.
• Additional Irrigation Design ($5,000)
o Miscellaneous irrigation calculations for added irrigation zones. and
improvements during construction.
• Earth Sculpture Design (new during construction) ($3,500)
Provided grading plans for area SW portion of site for additional fill from site
grading.
• Re -design of site electrical ($21,000)
o Needed to redesign electrical due to added soccer fields, and baseball fields
o Provided power extra irrigation pumps, provide new building power, and
additional lighting for extra baseball field
o Change in electrical services requirements by ONCOR
o Redesign feed location due to contractor wanting to do well design first. The
request was to provide a design that would allow the contractor to obtain
power sooner.
o After 95% drawings town changed pedestrian fixtures which resulted in
redoing all the calculations and layout of the pedestrian fixtures.
o Additional design of RLK loop road lighting.
Yours truly,
C�6'� I/_ Chad St.John, AS
Project Manager
Urban Design and Planning
1:\PLA\WUXU2400\DOC Town of Prosper Additional Services.pdf
2
TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE CHANGE
ORDER AGREEMENT #1 FOR LANDSCAPE ARCHITECTURE
SERVICES FOR THE COMMUNITY PARK IMPROVEMENTS,
BETWEEN JACOBS ENGINEERING, INC. AND THE TOWN OF
PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a
Change #1 One for Landscape Architecture Services for the Community Park
improvements between Jacobs Engineering, Inc., and the Town of Prosper, as hereto
attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 28th day of September, 2010.
Ray Smith, Mayor
ATTEST TO:
Matthew Denton
Town Secretary
Prosper is a place where everyone matters.
To:
From:
Cc:
Re:
Date:
Agenda Item:
PARKS A
RECREATION
AGENDA ITEM NO. 0
Mayor and Town Council
Wade Harden, Sr. Parks & Recreation Planner
Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Town Council Meeting — September 28, 2010
September 24, 2010
Consider and act upon the expenditure of Park Improvement Funds for improvements at Town
Lake Park.
Description of Agenda Item:
With direction from the Parks, Recreation and Open Space Master Plan, the Parks & Recreation
Board (PARBd) is supporting various improvements in Town Lake Park. The purpose of this
item is to approve funds from the purchase of a fishing pier/dock, which is one of twelve
recommended improvements listed in the Plan for Town Lake Park. The lake has an existing
dock in the Greenspoint area of the park that is enjoyed by many park users. The proposed
location of the new dock would be in the Whispering Farms portion of the park, where the
majority of citizens access this park. The primary parking area to enter the park is within close
proximity to the proposed location and would eventually be tied into a planned loop trail
surrounding the lake. Currently, there is not a good location to fish with children or launch small
boats (canoes, kayaks, and electric powered boats) due to the shallow banks on the north side
of the lake. The dock would allow better access to the lake.
As part of this project Boy Scout Aaron Ferguson is proposing to provide the labor to prepare
the site and the labor to construct the dock. The PARBd has recommended the Town provide
the labor. Town staff would be on -site during the installation process.
Budget Impact:
Staff estimates the cost of materials to be $14,500. Park Improvement funds are available to
purchase materials for the project. The Park Improvement fund has a balance of $908,000 as
of September 24th, 2010.
Legal Obligations and Review:
Legal review of this request by the Town attorney is not required.
Attached Documents:
1. EZ Dock/Trail Information
Agenda Item No. 4f - Page 1 of 2
Parks and Recreation Board Recommendation:
At the September 23, 2010 PARBd meeting, the Board approved the expenditure of Park
Improvement funds for the purchase of dock equipment not to exceed $20,000 to be installed in
Town Lake Park, by a vote of 6-0.
Town Staff Recommendation:
Town staff recommends the Town Council approve the expenditure of Park Improvement funds
in an amount not to exceed $20,000 for the construction of a dock in Town Lake Park.
Agenda Item No. M - Page 2 of 2
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Modular, Stable, Cool and Durable
Choose from many different sizes and shapes to get the exact dock configuration
you desire. The patented EZ Dock system makes it a snap to install. Just lay out the
sections, bolt couplers in place, and tighten down the bolts.
The beige color makes our docks more attractive, and helps them blend with the
natural surroundings - but most importantly, it is cooler to the touch.
EZ Dock's patented flotation design creates suction and compression to increase
stability. When you walk on an EZ Dock, you will immediately notice the difference.
It's not just floating, it's actually creating stability by using the patented hollow
chambers on the underside.
The patented connection couplers allow the sections to move independently under
high -stress conditions, while still providing unified firmness. EZ Dock's polyethylene
construction provides outstanding modularity, superb buoyancy, functionality, and
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Use the EZ Designer' Configuration tool to assist you in creating
a dock that meets your needs. Your configuration can be
DESI
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1 1 r',-II 11 _QM_Lt/1_4
Gusset Part# 300501
ie corner gusset adds deck surface and
stability to dock Fingers when needed.
Features & Benefits
Excellent stability on water
Low or virtually no maintenance
Beige "cool -to -touch" color
Safe, slip -resistant surface
Strength and flexibility
Secure connection couplers
Versatile modular design
Expandable for future growth
Anchoring systems for
all conditions
Four -season accessibility
Custom designs available
Versatile Modular Design
The EZ Dock system is easily configured to suit most any need.
Combine various size sections and accessories to create a simple
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blems. The composite coupler bolt and
eliminate rusting in all water conditions.
Patent # 5,281,055
0301100
SIZE WEIGHT FLOTATION
CAPACITY
A 40" x 5' x 15" 100 lbs. 1,000 lbs. 204060
1 m x 1.5m x 38cm 1 45.4 kg ) 453.6 kg
6 40" x 10' x 15" 190 lbs. 2,000 lbs. 204010
l m x 3.1 m x 38cm 86.2 kg. 907.2 kg
C 60" x 10' x 15" 285 lbs. 3,000 lbs. 206010
1.5m x 3.1 m x 38cm 129.3 kg. 1360.8 kg
D 80" x 10' x 15" 385 lbs. 4,000 lbs. 208010
2m x 3.1 m x 38cm 175 kg. 1814.4 kg
60" x 10' x 15"
E _ (Half -Hexagon) 2101bs. 2,000Ibs. 260120
1.5m x 3.1 m x 38cm 95.3 kg 907.2 kg
(Half -Hexagon)
F Corner Gusset 40 lbs. 300501
18 kg.
IOSPER
WN OF
Prosper is a place where everyone matters.
To: Mayor and Town Council
PARKS A
RECREATION
AGENDA ITEM NO. 4g
From: Wade Harden, Senior Parks & Recreation Planner
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting —September 28, 2010
Date: September 23, 2010
Agenda Item:
Consider and act upon 1) an Interlocal Agreement between the Prosper Independent School
District and the Town of Prosper, Texas for the multi -purpose facility and 2) adopt a resolution
authorizing the Town Manager to execute the same.
Description of Agenda Item:
Over the past two years the Town has entered into agreement with the Prosper Independent
School District (PISD) to allow for the public use and access of the PISD's multi -purpose facility.
Under the proposed agreement the facility will have extended hours beginning October 1, 2010 to
November 3, 2010 and January 31, 2011 through April 27, 2011. The PISD will continue to be the
employer of the personnel working during these additional hours. The cost to operate the facility
each evening is a total of $194.33 over eighteen weeks, for a total of $10,493.
Fall hours between October 1, 2010 and November 3, 2010
Monday through Wednesday — 6:00 p.m. until 9:00 p.m.
Spring Hours — January 31, 2010 through April 27, 2010
Monday through Wednesday — 6:00 p.m. until 9:00 p.m.
Budget Impact:
The Town Council allocated funds for this item in the FY10-11 budget. The total cost to operate
the facility for eighteen weeks is $10,493.
Legal Obligations and Review:
The agreement is the standard ILA agreement previously reviewed and approved by the Town
Attorney.
Attached Documents:
1. Interlocal Agreement between the Town and the PISD for use of the Multi Purpose Facility.
Agenda Item No. 4g - Page 1 of 2
2. Resolution authorizing the Town Manager to execute the same.
Town Staff Recommendation:
Town staff recommends that the Town Council 1) approve an Interlocal Agreement between the
Prosper Independent School District and the Town of Prosper for the Multipurpose Facility and 2)
adopt a resolution authorizing the Town Manager to execute the same.
Agenda Item No. 4g - Page 2 of 2
INTERLOCAL AGREEMENT BETWEEN THE TOWN OF
PROSPER, TEXAS, AND THE PROSPER INDEPENDENT
SCHOOL DISTRICT
This Agreement (the "Agreement") is made and entered into as of this, day of
s�O bu . ?AIQ by and between the Town of Prosper, Texas, a home rule municipality ("Town")
and the Prosper Independent School District ("PISD"), on the terms and conditions hereinafter set
forth.
Whereas the Town and the PISD enter and engage into this Agreement under the geperal
provisions of the Interlooal Cooperation Act, Texas Government Code Chapter 791;
Whereas the Town does not own or operate a multipurpose facility for public use;
Whereas the PISD owns school facilities which currently include athletic facilities;
Whereas the Prosper Town Council ("Town -Council") has a legitimate interest in providing
recreational athletic facilities for the citizens for Prosper, Texas. Many of the TomWs citizens have
children enrolled in PISD schools and they, their children, and those citizens without children in the
districts schools will be able to reap the benefits and recreational enjoyment to access that an indoor
facility will provide. Additionally, the Town will conserve public resources by contracting with the PISD;
and
Whereas the Town Council hereby finds that a legitimate public purpose shall be served in the
expenditure the iubject of this agreement and in making the multipurpose facility available to residents of
the Town.
Now, Therefore, in consideration of the promises, covepants and agreements set forth in this
Agreement, the receipt of which are hereby acknowledged, the Town and the PISD, agree as follows:
1. Use and Operation of the Multipurpose Facility. The PISD agrees to operate the indoor
facility for public use at 300 Eagle Lane, Prosper, Texas in accordance with the following
schedule -
Fall hours between October 1, 2010 and November 3, 2010 (5)
Monday through Wednesday — 6:00 p.m. until 9:00 p.m.
Spring Hours — January 31, 2010 through April 27, 2010 (13)
Monday through Wednesday — 6:00 p.m. until 9:00 p.m.
2. ThePISD will be solely responsible for staffing, for the facility, insurance and the maintenance
of the building, and for setting policies that govern programs and the materials for the
multipurpose facility. The Town of Prosper, or its designee, reserves the right to govern the
schedule of any and all activities for the multipurpose facility during hours of operation as set
forth in paragraph one of this agreement.
3. Puration.of the Agreement. The duration of the Agreement is from Oc+o6r I I Zola through
A14 27, ZOI0 . Upon written request by the Town, the agreement may be extended on an
annual basis. This Agreement may be terminated by'either party at its sole option and without
prejudice by giving ninety (90) days written notice of termination to the other party.
4. Cg&. The Town shall pay lien AouAn4 four humclrcel and 4:nafy- Aw depart to the
PISD by Ocfeber 31, 201o. If this agreement is terminated early, PISD shall return it pro-rata
-portion of the $lo qQ3 to the Town, based upon the number of days remaining in the calendar
year, within fourteen (14) days of the effective date of termination.
S. riori ' d Use. PISD maintains "first priority use" for all PISD clubs/organizations in
the event that PISD must use the facility due to inclement weather or any other reason
• deemed necessary by PISD. In such an event; notice will be provided.
6. Liability. Both parties expressly recognize that as political subdivisions they are not responsible
or liable for misrepresentation to third parties, nor for errors or omissions, negligence, or
disputes with the tl1 ird parties which through the fault of the other party may arise during the
terms of this Agreement. Nor does either party agree to indemnify the other for such errors and
omissions. ,Accordingly, in the event such a dispute arises, each party agrees to bear its own cost
in defending the action that may arise as a result of the dispute, including, but not limited to
attorneys fees.
7. Miscellaneous Provisions.
A. Notices. Any notice required or permitted under this Agreement shall be given when
actually delivered or when deposited in the United States mail as certified mail
addressed as follows:
To PISD: Prosper Independent School District
Superintendent
P. O. Box 100 Prosper,
Texas 75078
Telephone: 972-346-3316
Facsimile: 962-346-9247
To Town: Town of Prosper
Town Manager
P. O. Box 307 Prosper,
Texas 75078
Telephone: 972-346-2640
Facsimile: 972-346-9335
B. Entire Agreement. This agreement contains the entire agreement of the parties with respect to
the matters contained herein and may not be modified or terminated except upon the provisions
hereof or by the mutual written agreement of the parties hereto,
C. Governing Law and Venue. This Agreement shall be construed in accordance with the laws
Of the State of Texas and exclusive venue shall be in Collin County, Texas.
D. Consideration. This Agreement is executed by the parties hereto without coercion or duress
and for substantial -consideration, the sufficiency of which is forever confessed.
E. Sovereign Immunity. Nothing in this Agreement shall be deemed a waiver of the
governmental, sovereign, or official immunity afforded by law to either the Town of PISD.
F. Non -Transferable. Neither party hereto shall sublet, transfer or assign any of its rights
hereunder to a third party.
G. Waiver of Breach. A waiver by either Town or PISD 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.
H. 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.
I. Legal Construction. In case anyone or more of the provisions contained in the Agreement shall
for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable
in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of
the Agreement, and the Agreement shall be construed as if the invalid, illegal, or unenforceable
provision had never been included in the Agreement.
J. Equal by all Parties. The Agreement shall be deemed drafted equally by all parties hereto.
The language of all parts of the Agreement shall be construed as a whole according to its fair
meaning, and any presumption or principle that the language herein is to construed against any
party shall not apply.
K. Amendment. No amendment, modification, or alteration of the terms of the Agreement shall
be binding unless it is in writing, dated subsequent to the date of the Agreement, and duly
executed by the parties to the Agreement.
L. Force Majeure. Neither Town nor PISD 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 shalt 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 the Town or PISD and which the exercise of due diligence Town or PISD is -unable, wholly or
in part, to prevent or overcome.
M. 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.
IN 'WITNESS WEREOF, the parties have executed this Agreement and caused this Agreement to be
effective on the latest date as reflected by the signatures below.
TOWN OF PROaSP$$,, TEXAS
By:
Mike 14nd, Town'Manager
Date:
• r
ATTEST;,
tthew Denton, Town Secretary
STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day
personally appeared Mike Land, known tome to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me, that he is the duly authorized representative of the
Town of Prosper, the he executed the same for the purposes and consideration therein expressed, and
in the capacity therein stated.
GIVEN UNDER MY HAND SEAL OF OFFICE, this day of`` ,___„�, 20
Notary Public, State of Texas
Notary's Printed Name
My Commission Expires:
PROSPER INDEPENDENT SCHOOL DISTRICT
By:
Drew Watkins, Superintendent
Date:
STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day
personally appeared Drew Watkins, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me, that he is the duly authorized representative ofthe
Town of Prosper, the he executed the same for the purposes and consideration therein expressed, and
in the capacity therein stated.
GIVEN UNDER MY HAND SEAL OF OFFICE, this day of . 20_.
Notary Public, State of Texas
Notary's Printed Name
My Commission Expires:
TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF
PROSPER, TEXAS, TO EXECUTE AN INTERLOCAL USE AGREEMENT FOR
THE PROSPER INDEPENDENT SCHOOL DISTRICT MULTIPURPOSE
FACILITY BETWEEN THE TOWN OF PROSPER, TEXAS AND THE
PROSPER INDEPENDENT SCHOOL DISTRICT.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to
execute, on behalf of the Town Council of the Town of Prosper, Texas, an interlocal use
agreement for the Prosper Independent School District Multipurpose Facility between the Town
of Prosper, Texas, and the Prosper Independent School District.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 28th day of September, 2010.
Ray Smith, Mayor
ATTEST TO:
Matthew Denton
Town Secretary
ADMINISTRATION
Agenda Item No. 4h
TOWN OF
PE
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Mike Land, Town Manager
Re: Town Council Meeting — Tuesday September 28, 2010
Date: September 24, 2010
Agenda Item:
Consider and act on a Resolution by the Prosper Town Council supporting the Collin County
Commissioner's Court request regarding Collin County's representation at the Congressional
and State levels resulting from redistricting efforts in 2011.
Description of Agenda Item:
The Collin County Commissioner's Court has requested the resolution in support of their efforts
to inform and gain support from State Representatives during the redistricting process in 2011
for Collin County's representatives to share common representation at the State and Federal
level.
Budget Impact:
NA
Legal Obligations and Review:
NA
Attached Documents:
Resolution of support for Collin County Commissioner's efforts in the 2011 Redistricting
process requesting the Texas House of Representative to maximize elected
representation for Collin County residents at the Congressional and State levels.
Town Staff Recommendation:
Town staff recommends the Prosper Town Council approve the resolution of support for Collin
County Commissioner's efforts in the 2011 Redistricting process requesting the Texas House
of Representative to maximize elected representation for Collin County residents at the
Congressional and State levels.
Agenda Item No. 4h - Page 1 of 1
1��
P TOWN
SPER.
TOWN OF PROSPER, TEXAS
RESOLUTION NO. 10-xxx
WHEREAS, the Texas population is estimated to have grown by nearly 3.9 million to close
to 25 million people from 2000 to 2009, with Collin County leading the way having grown by an
estimated 55% to an estimated 800,000 people, growing by an average of 94 new residents daily.
Collin County is one of the fastest growing counties in the United States and will be the 6`h largest
county in Texas after the 2010 census in completed;
WHEREAS, Collin County represents a cohesive community of interest of towns and cities
with similar family values, religious beliefs, economic goals;
WHEREAS, Collin County is currently represented by two excellent Congressmen in Ralph
Hall and Sam Johnson, two esteemed State Senators in Florence Shapiro and Craig Estes, and four
fine Representatives in Jerry Madden, Ken Paxton, Jodie Laubenberg, and Van Taylor and two
dedicated State Board of Education members in Don McLeroy and Tincy Miller;
WHEREAS, Because of Collin County's rapid growth rate, our communities are currently
underrepresented at both the Federal and State levels. Collin County residents deserve to have
elected representation that matches our community of interests, while also ensuring the districts
increase in number proportionally to the rapid growth in Collin County's population. Furthermore,
our Congressional and Legislative delegation is currently spread into neighboring counties which
desire to have elected officials that meet their interests and community needs as well.
WHEREAS, The Texas House Committee on Redistricting is conducted a public hearing on
September 22, 2010 at the University of Texas at Dallas to obtain public input on all issues relating
to the redistricting of Congressional, Legislative, and State Board of Education districts following
the release of the Federal census in 2011 and gathering information regarding the existence and
location of communities of interest to be considered in the creation of Congressional, Legislative,
and State Board of Education districts and is still accepting public comment; and
RESOLVED, The Town Council of Prosper believes that Collin County is a cohesive group
of towns and cities with shared interests and common heritage; and
RESOLVED, The Town Council of Prosper believes that representation at the state and
federal level is strongest when it is united. Our towns and cities alike need a voice in government by
people who understand our issues.
RESOLVED, The Town Council of Prosper requests that the Texas House of
Representatives maximize elected representation in Collin County at the Congressional and State
levels. The Council requests that our towns and cities share common representation at both the state
and federal level. We request that Committee on Redistricting include all of Collin County inside
congruent Congressional, Legislative, and State Board of Education districts that fairly represent all
of Collin County.
DULY RESOLVED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, on this the 28`h day of September, 2010.
Ray Smith
Mayor
ATTEST:
Matthew D. Denton, TRMC
Town Secretary
lz
Z) W
s
pE
"A PLACE WHERE EVERYONE MATTERS"
FINANCIALS
FY 2009 - 2010
AUGUST, 2010
rl .
Pir SPED.
'a place where everyone matters'
CASH OVERVIEW
END -OF -MONTH CASH OVERVIEW (RECONCILED)
AUGUST, 2010
Internal
General
Water/Sewer
Service
Cap Proj
Cap Proj
Cap Proj
Storm
*Parks
**Impact
***Sp Rev
Sp. Rev
Fund
Fund
I & S
Fund
04 Bond
06 Bond
08 Bond
Drainage
(Ded + Imo)
Fees
Fund
Escrow
EDC
TOTALS
CASH -LOCAL BANK
4,298,451
2,317,954
235,161
22,855
268,491
2,466,576
83,665
786,751
1,625,193
93,186
1,388,402
13,586,686
TEXPOOL BALANCE
132,789
3,001,075
337,137
-
165,469
-
-
-
2,084,337
1,017,908
71,232
6,809,947
TEXSTAR BALANCE
720,274
-
-
-
2,154,738
1,929,737
-
1,235,284
2,475,453
-
969,811
21,160
9,506,456
TOTAL
5,151,514
5,319,029
572,299
22,855
433,960
2,154,738
4,396,313
83,665
2,022,036
6,184,983
93,186
1,987,718
1,480,795
29,903,090
" Parks Fund combines Parks Dedication and Parks Improvement
Impact Fees consist of Water Impact, Sewer Impact and Thoroughfare Impact fees.
Special Revenue Fund figure consist of Court Technology Fd, Court Security Fd, Police donations, Fire donations, Safety Fair donations, Child Safety collections, and Shattered
Dreams donations. These are all retricted funds for specific purposes.
Total Restricted Funds 17,951,752
Prl T S PER
.a place where everyone matters'
$7,000
$6,000 r — —
$5,000
$4,000
0
c
M
0
0
$3,000
$2,000
$1,000
$0
END -OF -MONTH CASH OVERVIEW (RECONCILED)
AUGUST, 2010
2,475 .
I
I
f
1,9301 �
- - _...
I
f 2,084
I
21
1,235i 970
2,467 ,Yr-
,155i-
- �— 1,625
1,388
� 787
1,01$
General Water/Sewer I & S Internal Cap Proj Cap Proj Cap Proj Storm 'Parks "Impact .**Sp Rev Sp. Rev ECC
Fund Fund Service 04 Bond 06 Bond 08 Bond Drainage (Ded + Imp) Fees Fund Escrow
Fund
$13,586,686
45%
$6,809,947
23%
r�
' a
?t4 $9,506,456
-- - 32%
. TEXSTAR BALANCE
- TEXPOOL BALANCE
CASH -LOCAL BANK
$2,750
$2,500
$2,250
-gyp $2,000
$1,750
cn $1,500
O $1,250
$1,000
$750
$500
$250
PROPERTY TAX COLLECTIONS
THREE (3) YEAR COMPARISON
FOR PEAK COLLECTION MONTHS
Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept
PROPERTY TAX COLLECTIONS
THREE (3) YEAR COMPARISON
PERCENT OF TOTAL DUE (Before Adjustments) COLLECTED
a)
80%
O
U
60°i°
c
v
40%
O
d
20% t ..
0% ,
Oct Nov
Dec
Jan Feb
Mar Apr
May June July Aug Sept
% of Total
% of Total
% of Total
Month
FY 07/08
Taxes Due
FY 06109
Taxes Due
FY 09/10
Taxes Due
Oct
$
50,747.84
1.22%
$
48,517.92
0.94%
$
19,127.14
0.35%
Nov
$
279,501.69
6.74%
$
178,822.73
3.47%
$
134,228.60
2.49%
Dec
$
1,492,718.39
35.98%
$
2,123,446.32
41.26%
$
2,569,783.42
47.59%
Jan
$
1,258,105.15
30.33%
$
1,516,971.29
29.48%
$
1,428,265.19
26.45%
Feb
$
708,460.51
17.08%
$
800,731.47
15.56%
$
809,613.41
14.99%
Mar
$
166,240.49
4.01 %
$
209,277.90
4.07%
$
253,646.04
4.70%
Apr
$
134,741.00
3.25%
$
31,317.89
0.61 %
$
79,658.28
1.48%
May
$
106,398.32
2.56%
$
101,971.76
1.98%
$
123,102.41
2.28%
June
$
80,432.36
1.94%
$
88,426.23
1.72%
$
51,866.19
0.96%
July
$
30,554.96
0.74%
$
80,718.20
1.57%
$
59,782.87
1.11%
Aug
$
7,975.81
0.19%
$
27,893.94
0.54%
$
17,246.48
0.32%
Sept
$
89,710.62
2.16%
$
24,802.34
0.48%
$
-
YTD
Totals
$
4,405,587.14
106.20%
$
5,232,897.99
101.68%
$
5,546,320.03
102.71% Collected YTD
includes delinquent
collections
$ 4,148,422.58 $ 5,146,372.81 $ 5,399,872.83 Total taxes due
includes delinquent
before adjustments
$250,000
$200,000
$150,000
$100,000
$50,000
Month
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
**June
July
Aug
Sept
THREE YEAR (3) COMPARISON
TOWN OF PROSPER SHARE OF SALES TAX
PROSPER, TEXAS
O& ao, OFG -,ao �? fat VO �o ."�Jc� S,3� Pub A
Town Share
Town Share
FY 07/08
FY 08109
$
93,663.91
$
94,362.57
$
79,855.10
$
102,455.23
$
79,091.05
$
75,727.34
$
81,493.26
$
94,211.42
$
81,965.14
$
61,017.45
$
76,291.41
$
65,889.62
$
84,530.24
$
88,604.24
$
88,123.45
$
88,311.00
$
92,173.93
$
83,398.78
$ 107,555.96 $ 114,686.45
$ 102,686.76 $ 104,612.27
88,844.53 $ 99,414.58
E FY 07-08 ■ FY 08-09 ■ FY 09-10
!FY119
$ Amount
% of Change
Inc / Dec
Inc /(Dec)
$ 100,898.03
$ 6,535.46
6.93%
$ 87,322.54
$ (15,132.69)
-14.77%
$ 91,239.15
$ 15,511.81
20.48%
$ 112,125.21
$ 17,913.79
19.01 %
$ 67,208.54
$ 6,191.09
10.15%
$ 63,837.14
$ (2,052.48)
-3.12%
*** $ 185,754.33
$ 97,150.09
109.64%
$ 78,933.26
$ (9,377.74)
-10.62%
$ 74,820.33
$ (8,578.45)
-10.29%
*** $ 219,591.71
$ 104,905.26
91.47%
$ 116,390.79
$ 11,778.52
11.26%
$ -
$ -
0.00%
YTD Totals $ 1,056,274.74 $ 1,072,690.95 $ 1,198,121.03 $ 224,844.66 23.10%
$ 1,100,000.00 Budgeted Sales Tax
**One time State Comptroller audit payment June FY 07/08 removed
to reflect actual.
***Received large quarterly sales tax pmt from local business
Aug Budgeted: $ 107,085.00 for month of Aug, 2010
Aug Received: $ 219,591.71
$ 112,506.71 Increase
105.063% Aug variance
YTD Mo'ly Budgeted: $ 1,002,760.00 YTD Aug- 2010
YTD Mo'ly Received: $ 1,198,121.03
$ 195,361.03 Increase
19.482% YTD variance
gluser_r&a2 rbutler Torn of Prosper Page 1
09:13 09/22/10 Rev/Bxp Fund Category Rapt (3)
Pund:
Period Ending: 8/2010
Account Description
Current
Number
Year
Adopted
ORMERAL FUND
9SV9Mm
Property Tax
3,227,903.00-
Sales Tax
1,103,500.00-
Pranchias
330,100.00-
License, Peas, a Permits
S501050.00-
Charges for Services
200,050.00-
Grants
320,070.00-
Investments Income
561000.00-
Pines a Warrants
222,500.00-
=Y'ansfer In
343,123.00-
miscellaneous
44,050.00-
Total Revenues
6,397,346.00-
Appropriations
Personnel
4,321,024.00
Materials and Supplies
311,480.00
Town 9wevicas / maintenance
403,893.85
Contractual / Professional Bar
1,215,698.15
Capital
115,040.00
Interfund Transfer out
30,240.00
Total Appropriations
6,397,346.00
Revenue Over/(Under) Approp
Current ren reat Current currentrea ea
Month Month month YTD YTD YTD Remaining
Budget Actual Variance Budget Actual variance Budget
101028.02-
10,028.02-
3,227,903.00-
3,34S,806.47-
117,903.47-
117,903.47
116,390.79-
116,390.79-
1,103,500.00-
1,201,690.75-
98,190.75-
98,190.75
12,536.47-
12,536.47-
330,100".00-
296,945.47-
33,154.53
33,154.53-
44,239.77-
44,239.77-
SSO,D50.00-
661,190.39-
111,140.39-
111,140.39
9,987.07-
9,907.07-
200,050.00-
164,381.47-
35,668.53
35,668.53-
76,139.80-
78,139.80-
320,070.00-
344,447.62-
24,377.62-
24,377.62
6,711.90-
6,711.90-
561000.00-
1081691.18-
52,691.18-
52,691.18
18,098.17-
18,098.17-
222,500.00-
192,027.57-
30,472.43
30,472.43-
343,123.00-
343,123.00-
343,123.00-
343,123.00-
4,288.24-
4,288.24-
44,050.00-
69,369.04-
25,319.04-
25,319.04
643,S43.23-
643,543.23-
6,397,346.00-
6,727,672.96-
330,326.96-
330,326.96
300.00- 330,855.94
331,1S5.94
4,321,024.00
3,845,134.85
475,899.15-
475,889.1E
51,179.62
31,179.62
311,400.00
245,614.82
65,865.18-
65,865.18
300.00 23,89 34
23,590.54
405,30S.00
320,708.20
75,596.80-
74,15i.65
59,413.04
59,413.04
1,214,257.00
1,158,744.86
S5,512.12-
56,953.27
1,684.76
1.684.76
115,040.00
76,330.36
38,709.64-
38,709.64
10,240.00
30,240.00-
30,240.00
467,023.90
467,023.90
6,397,346.00
5,655,533.11
741,812.89-
741,812.89
176,519.33-
176,519.33-
1,072,139.85-
1,072,139.85-
1,072,139.85
gluser_raa2 rbutler Town of Prosper Page 2
09:13 09/22/10 Rev/Esp Fund Category Rept (3)
Fund:
Period Eudino: 8/2010
Acccuu cr p OnCukrent
en
Member
Year Month
Adopted Budget
WATER a SEWER FWID
Revenues
Licenses, Pees, 4 Permits
11100.00-
Investment Income
62,150.00-
Miscellaneous
15,000.00-
W/S Tap a Connection
135,000.00-
Service Initation Pees
16,000.00-
Water Charges
3,339,102.00-
Sewer Charges
1,369,580.00-
Penalties
30,000.00-
Solid Waste Charges
571,000.00-
Total Revenues
5,560,932.00-
Appropriations
Personnel
581,920.00
Materials and Supplies
931,330.00
Town Services / Maintenance
536,768.00
Centractual/krbraaefonal Sarvi
1,759,300.00
Capital
10,500.00
Bonds
1,369,896.00
Interfaced Transfers out
347.848.00
Total Appropriations
5,537,562.00
Revenue Over/(Under) Approp
23,370.00-
ten ent Cvffr-eut Currentren teat
Month Month YTD YTD YTD Remaining
Actual Variance Budget Actual Variance Budget
75.00-
75.00-
11100.00-
500.00-
600.00
600.00-
3,063.89-
3,063.89-
62,150.00-
70,491.21-
8,341.21-
8,341.21
5,894.79-
5,894.79-
15,000.00-
31,660.23-
16,660.23-
16,660.23
25,615.00-
25,615.00-
135,000.00-
273,977.50-
136,977.50-
138,977.50
3,518.00-
3,518.00-
16,000.00-
36,148.00-
18,148.00-
18,148.00
612,186.77-
612,186.77-
3,339,102.00-
2,749,379.35-
599,722.63
589,722.65-
100,461.50-
100,481.50-
1,369,580.00-
1,031,346.06-
356.231.94
358,231.94-
6,676.50-
6,676.50-
30,000.00-
45,277.77-
15,277.77-
15,277.77
50,116.10-
50,116.30-
571,000.00-
511,354.49-
59,645.51
59,645.51-
807,627.55-
807,627.55-
5,560,932.00-
4,750,136.61-
810,795.39
610,795.39-
40,732.67
40.712.67
561,920.00
503,076.34
78,841.66-
75,841.66
61.822.42
61,622.42
931,330.00
814.499.53
116,830.47-
116,830.47
34,024.84
34,024.84
536,768.00
334,513.21
202,254.79-
202,234.79
110.073.81
119.073.61
1,759,300.00
1,454,911.32
304,388.68-
304,388.68
10,500.00
11.277.94
777.94
777.94-
875,425.54
675,425.54
1,369,896.00
1,370,217.37
321.37
321.37-
343,123.00
343,123.00
347,848.00
343,123.00
4,725.00-
4,725.00
1,494,202.28
1,494,202.28
5,537,562.00
4,831,620.71
705,941.29-
705,941.29
686,574.73
666,574.73
23,370.00-
81,464.10
104,854.10
104,854.10-
gluser_raa2 rbutler Town of Prosper Page 3
09:13 09/22/10 Rev/8zp Pund Category Rept (3)
Fund:
Period Ending: 812010
Account Description
LN—wrent CuYten
Number
Year month
Adopted Budget
zBTxRBST a sn4alMa PUM
Revenues
Property Tax
2,129,934.00-
Investment income
80,000.00-
Total Revenues
2,209,934.00-
Appropriations
Bonds
2,081,333.00
Interfund Transfers Out
Total Appropriations
2,001,335.00
Revenue Over/(Under) Approp
128,599.00-
» BBRVnM FUND
Revenue
Interest Income
500.00-
Interfund Transfers in
71,010.00-
Total Revenues
71,510.00-
Appropriations
Personnel
50,000.00
Total Appropriations
50,000.00
Revenue Over/Muder) Approp
21,510.00-
ren ent M*rent currentea en
Mouth Month YTD YTD YTD Remaining
Actual Variance Budget Actual Variance Budget
7,218.49-
7,218.49-
2,129,934.00-
2,200,513.24-
70,579.24-
70,579.24
320.53-
320.53-
801000.00-
29,315.66-
50,684.34
50,684.34-
7,539.02-
7,539.02-
2,209,934.00-
2,229,828.90-
19,894.90-
191894.90
1,041,047.73
1,041,047.73
2,081,333.00
2,083,812.01
2,477.01
2,477.01-
402,172.06
402,172.05
402,172.06-
1,041,047.73
1,041,047.73
2,081,335.00
2,483,984.07
404,649.07
404,649.07-
1,033,508.71
1,033,508.71
126,599.00-
256.135.17
384,754.17
384,754.17-
29.95-
29.95-
500.00-
669.00-
169.00-
169.00
2,880.00-
2,880.00-
71,010.00-
31,344.72-
39,665.28
39,665.28-
2,909.95-
2,909.95-
71,510.00-
32,013.72-
39,496.28
39,496.28-
4,113.57
4,113.57
50,000.00
35,317.17
14,682.83-
14,682.83
4,113.57
4,113.57
501000.00
35,317.17
14,682.83-
14,682.83
1,203.62
1,203.62
21,510.00-
3,303.45
24,813.45
24,813.45-
gluser_raa2 rbutler Town of Prosper Page 4
09:13 09/22/10 Rev/Brp Fund Category Rept (3)
Fund:
Period eudina: 8/2010
Accovin Description
Current Curria
Mtlmbet
Year Month
Adopted Budget
STORM DRAINAGE FOMO
Revenues
Storm Drainage Utility Fee
75,000.00-
Total Investment Income
500.00-
Total Miscellaneous
Total Revenues
75,500.00-
Appropriations
Total Professional Services
40,000.00
Total Contract Services
Total Capital
20,000.00
Total Interfund Transfer Out
Total Appropriations
60,000.00
Total Revenue Over/(under) App
15,500.00-
PARS rtm
Revenue
Investment Income
8,000.00-
Park Fees
220,000.00-
Total Revenues
228,000.00-
Appropriations (Parke)
Contractual / Professional Ser
611,000.00
Total Appropriations
611,000.00
Revenue Over/(Onder) Approp
383,000.00
current ran reacurrent rent Current
Month Month YTD YTD YTD Remaining
Actual Variance Budget Actual Variance Budget
14,678.51-
14,678.51-
75,000.00-
137,974.35-
62,974.35-
62,974.35
76.45-
76.45-
500.00-
444.78-
55.22
55.22-
1,000.00-
11000.00-
1,000.00
14,754.96-
14,754.96-
75,500.00-
139,419.13-
63,919.13-
63,919.13
40,000.00
31,066.00
8,914.00-
8,914.00
5,198.10
5,198.18
51198.18-
20,000.00
428.16
19,571.84-
19,571.84
60,000.00
36,712.34
23,287.66-
23,287.66
14,754.96-
14,754.96-
15,500.00-
102,706.79-
87,206.79-
87,206.79
1,084.34-
1,084.34-
8,000.00-
13,798.29-
5,798.29-
5,798.29
220,000.00-
696,188.76-
476,188.76-
476,188.76
1,084.34-
1,084.34-
228,000.00-
709,987.05-
481,987.05-
481,997.05
28,187.50
28,187.50
611,000.00
349,759.11
261,240.89-
261,240.89
28,187.50
28,187.5O
611,000.00
349,759.11
261,240.89-
261,240.89
27,103.16
27,103.16
383,000.00
360,227.94-
743,227.94-
743,227.94
gluser_raa2 rbutler Town of Prosper Page 5
09:13 09/22/10 Rev/Rsp Fund Category Rept (3)
Fund:
Period Salina: a/2010
IIccount Description
current CuxrenE--ea
rant
Current
Currentea
Number
Year Month
Month
Month
YTD
YTD
YTD
en
Remaining
Adopted Budget
Actual
variance
Budget
Actual
Variance
Budget
13MACT FEES FUND
Revenue
Investment Income
25,000.00-
2,649.39-
2,649.39-
25,000.00-
43,534.10-
18,534.10-
18,534.10
Impact Pees
650,000.00-
62,093.00-
62,093.00-
650,000.00-
2,436,287.15-
1,786,287.15-
1,786,287.15
Total Revebues
675,000.00-
64,742.39-
64,742.39-
675,000.00-
2,479,821.25-
1,804,821.25-
1,804,821.25
Appropriations
Contractual/Professional Servi
250,000.00
25.168.42
25,168.42
250,000.00
72,601.49
177,398.51-
177,398.51
Capital
440,014.30
440, 014.30
440,014.30-
Interfund Transfers Out
Total Appropriations
250,000.00
25,168.42
25,168.42
250,000.00
512,615.79
262,615.79
262,615.79-
Reveenue Over/(U idder) Approp
425,000.00-
39,573.97-
39,573.97-
425,000.00-
1,967,205.46-
1,542,205.45-
1,542,205.46
SPECIAL RSVEWS DMULTIOR FORD
Revenue
Court Pees
6,700.00-
716.83-
716.83-
6,700.00-
6,949.63-
249.63-
249.63
Contributions
52,500.00-
2,316.83
2,316.63
52,500.00-
31,109.68-
21,390.32
21,390.32-
Escrow Income
5,222.21-
5,222.21-
203,309.87-
203,309.87-
203,309.87
Oranta
21000.00-
2,000.00-
3,553.08-
1,553.08-
1,553.08
)Miscellaneous
Total Revenues
61,200.00-
3,622.21-
3,622.21-
61,200.00-
244,922.26-
183,722.26-
183,722.26
gluser_r&a2 rbutler
09:13 09/22/10
Fund:
Account Description
Number
Appropriations (Sp. Rev.)
Tom Services/maintenance
Total Appropriations
Revenue Over/ Approp
CAPITAL PROJECTS FMW
Revenue
Grants/Reimbursements
Invtdtment Income
Interfund Transfers In
Bond Proceeds
Total Revenue
Appropriations
contractual/Professional Servi
Capital
Bond Conte
Total Interfund Transfers Out
Total Appropriations
Revenue Over/(under) APprop
Current ran
year month
Adopted Budget
60,000.00
60,000.00
1,200.00-
Tara of Prosper
Rev/Rzp Pond Category Rapt (3)
Period Radino: 8/2010
Current an eat Current Currenten
Month Month YTD YM YM Remaining
Actual Variance Budget Actual Variance Budget
8,689.87
8,689.87
60,000.00
37,113.10
2,884.90-
2,984.90
8,689.87
8,689.07
60,000.00
57,115.10
2,884.90-
2,884.90
3,067.66
5,067.66
1,200.00-
187,807.16-
186,607.16-
186,607.16
235,000.00-
235,000.00-
1,138,331.50-
903,331.50-
903,331.50
62,000.00-
3,843.38-
3,843.38-
62,000.00-
131,465.22-
69,465.22-
69,465.22
402,172.06-
402,172.06-
402,172.06
297,000.00-
3,843.38-
3,843.38-
297,000.00-
1,671,968.78-
1,374,969.78-
1,374,960.78
96,885.00
7,522.77
7,522.77
96,885.00
94,651.05
2,233.95-
2,233.95
1,693,399.72
1,693,399.72
i1,5I6,037.13
11,516,037.13
ll,516,037.13-
96,903.00 1,700,922.49 1,700,922.49 96,003.06 11,610,698.16 11,5Y3,803.18 11,513,803.18-
200,115.00- 1,697,079.11 1,697,079.11 200,115.00- 9,930,719.40 10,138,834.40 10,138,834.40-
Page 6
gluaer_raa2 rbutler Town of Prosper Page 7
09:13 09/22/10 Rev/Rxp rued Category Rept (3)
Fund:
Period Ending: 8/2010
account Description
current ren
Number
Year month
Adopted Budget
BCONONIC DEVELOPMENT CORP
Revenues
Sales Taz
346,000.00-
Investment Income
24,000.00-
Other Income
Total Revenues
370,000.00-
appropriations
Perabunal
153,450.00
Maintenance a Supplies
7,400.00
Town Services/Maintenance
50,100.00
Contractual/Professional Servi
63,300.00
Capital
50.000.00
Interfund Transfer Out
540.00
Total appropriations
324,790.00
Revenue Ovar/(under) approp
45,210.00-
0—=ent Currentran ent Current UaWenlr,
Kouth Nonth YTD YTD YTD Remaining
Actual Variance Budget actual Variance Budget
38,796.93-
3e,796.93-
346,000.00-
399,373.68-
53,373.68-
53,373.68
1,285.04-
1,285.04-
24,000.00-
30,753.02-
6,753.02-
6,753.02
58,041.02-
58,041.02-
38,041.02
40,081.97-
40,081.97-
370,000.00-
488,167.72-
118,167.72-
110,167.72
2.334.45
2.334.45
153.450.00
141.288.57
12,161.43-
12,161.43
83.43
83.43
7,400.00
1,518.95
51881.05-
5,881.05
2,443.86
2,443.86
50,100.00
28,292.45
21,807.55-
21,807.55
4,294.69
4.294.69
63,300.00
54,558.67
8,741.33-
8,741.33
30,000.00
57,419.42
7,419.42
7,419.42-
540.00
540.00-
540.00
9,136.43
9,156.43
324,790.00
283,078.06
41,711.94-
41,711.94
30,925.54-
30,925.54-
45,210.00-
205,089.66-
159,879.66-
159,679.66
riSPER
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
Administration
Agenda Item No. 6
Re: Town Council Meeting — September 28, 2010
Date: September 24, 2010
Agenda Item:
A public hearing to consider and act on an ordinance approving a negotiated resolution between
the Atmos Cities Steering Committee and Atmos Energy Corp. Mid -Tex Division regarding a
third rate review mechanism, allowing for the increase of rate tariffs and extending the rate
review mechanism process.
Description of Agenda Item:
The Town, along with approximately 148 other cities served by Atmos Energy Mid -Tex Division
("Atmos Mid -Tex"), is a member of the Atmos Cities Steering Committee ("ACSC"). On or about
March 15, 2010, Atmos Mid -Tex filed with the Town an application to increase natural gas rates
pursuant to the Rate Review Mechanism ("RRM") tariff approved by the Town as part of the
settlement of the Atmos Mid -Tex 2007 Statement of Intent to increase rates. This is the third
RRM filing under a three year experimental program.
The Atmos Mid -Tex RRM filing sought a $70.2 million rate increase. The Ordinance and
attached rate and RRM tariffs are the result of negotiations between ACSC and the Company to
resolve issues raised by ACSC during the review and evaluation of ACSC's RRM filing. As a
result of the negotiations, ACSC was able to reduce the Company's requested $70.2 million
RRM increase to $27 million. Approval of the Ordinance will result in the implementation of new
rates that increase Atmos Mid-Tex's revenues effective October 1, 2010.
The monthly bill impact for the average residential customer will be a $1.40 increase (about a
3.15% increase in the total bill).
The alternative to a settlement of the RRM filing would be a contested case proceeding before
the Railroad Commission on the Company's current application, would take several months and
cost ratepayers millions of dollars in rate case expenses, and would not likely produce a result
more favorable than that to be produced by the settlement. The ACSC Executive Committee
recommends that ACSC members take action to approve the Ordinance authorizing new rate
tariffs.
Budget Impact:
N/A
Legal Obligations and Review:
Legal review completed by CAPP's legal counsel, Lloyd Gosselink Rochelle & Townsend, P.C.
Agenda Item No. 6 - Page 7 of 2
Attached Documents:
Ordinance
Attachment A — Rates to Residential, Commercial and Industrial Customers
Attachment B — Proposed Settlement Rates
Attachment C — ACSC Settlement Agreement to 2010 RRM
Exhibit B — Steel Service Replacement Program
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
Town staff recommends that the Town Council open the public hearing to receive feedback from
the community and
approve the ordinance approving a negotiated resolution between the Atmos Cities Steering
Committee and Atmos Energy Corp. Mid -Tex Division regarding a third rate review mechanism,
allowing for the increase of rate tariffs and extending the rate review mechanism process."
Agenda Item No. 6 - Page 2 of 2
ORDINANCE NO. 10-XXX
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ("TOWN") APPROVING A NEGOTIATED
RESOLUTION BETWEEN THE ATMOS CITIES STEERING
COMMITTEE ("ACSC" OR "STEERING COMMITTEE") AND ATMOS
ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR
"COMPANY") REGARDING THE COMPANY'S THIRD RATE REVIEW
MECHANISM ("RRM") FILING IN ALL CITIES EXERCISING
ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE
UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE
CITIES' REASONABLE RATEMAKING EXPENSES; ADOPTING
TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH
THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE
SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE;
APPROVING ATMOS MID-TEX'S PROOF OF REVENUES;
EXTENDING THE RRM PROCESS FOR TWO CYCLES AND
ADOPTING A NEW RRM TARIFF; RATIFYING THE SETTLEMENT
AGREEMENT, INCLUDING COST RECOVERY FOR A STEEL
SERVICE LINE REPLACEMENT PROGRAM; ADOPTING A SAVINGS
CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN
MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND
REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY
AND THE STEERING COMMITTEE'S LEGAL COUNSEL.
WHEREAS, the Town of Prosper, Texas ("Town") is a gas utility customer of Atmos
Energy Corp., Mid -Tex Division ("Atmos Mid -Tex" or " Company"), and a regulatory authority
with an interest in the rates and charges of Atmos Mid -Tex; and
WHEREAS, the Town is a member of the Atmos Cities Steering Committee ("ACSC" or
"Steering Committee"), a coalition of approximately 148 similarly situated cities served by
Atmos RRM Ordinance 1
Atmos Mid -Tex that have joined together to facilitate the review of and response to natural gas
issues affecting rates charged in the Atmos Mid -Tex service area (such participating cities are
referred to herein as "ACSC Cities"); and
WHEREAS, pursuant to the terms of the agreement settling the Company's 2007
Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to
develop a Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review
process controlled in a three year experiment by ACSC Cities as a substitute to the current GRIP
process instituted by the Legislature; and
WHEREAS, the Town took action in 2008 to approve a Settlement Agreement with
Atmos Mid -Tex resolving the Company's 2007 rate case and authorizing the RRM Tariff; and
WHEREAS, the 2008 Settlement Agreement contemplates reimbursement of ACSC
Cities' reasonable expenses associated with RRM applications; and
WHEREAS, on or about March 15, 2010, Atmos Mid -Tex filed with the Town its third
application pursuant to the RRM tariff to increase natural gas base rates by approximately $70.2
million, such increase to be effective in every municipality that has adopted the RRM tariff
within its Mid -Tex Division; and
WHEREAS, ACSC Cities coordinated its review of Atmos Mid-Tex's RRM filing by
designating a Settlement Committee made up of ACSC representatives, assisted by ACSC
attorneys and consultants, to resolve issues identified by ACSC in the Company's RRM filing;
and
WHEREAS, the Company has filed evidence that existing rates are unreasonable and
should be changed; and
Atmos RRM Ordinance 2
WHEREAS, independent analysis by ACSC's rate expert concluded that Atmos Mid -Tex
is able to justify an increase over current rates of $21 million; and
WHEREAS, Atmos Mid -Tex has commenced a program to replace steel service lines
based on a relative leak repair risk analysis; and
WHEREAS, the Steering Committee has entered a Settlement Agreement ("Attachment
C" to this Ordinance) with Atmos Mid -Tex to: (1) increase base rate revenues by $27 million; (2)
extend the RRM process, with modifications for an additional two cycles and to thereafter
require the filing of a system -wide Statement of Intent rate case on or before June 1, 2013; and
(3) in the interim to allow current recovery of incremental direct costs of the steel service line
replacement program in rates set via this ordinance and in future RRMs; and
WHEREAS, the ACSC Executive Committee, as well as ACSC lawyers and consultants,
recommend that ACSC members approve the attached rate tariffs ("Attachment A" to this
Ordinance), which will increase the Company's revenue requirement by $27 million; and
WHEREAS, the attached tariffs implementing new rates and Atmos Mid-Tex's Proof of
Revenues ("Attachment B" to this Ordinance) are consistent with the negotiated resolution
reached by ACSC Cities and are just, reasonable, and in the public interest; and
WHEREAS, it is the intention of the parties that if the Town determines any rates,
revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated
settlement approved in any proceeding addressing the issues raised in the Company's Third
RRM filing would be more beneficial to the Town than the terms of the attached tariff, then the
more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the
Town; and
Atmos RRM Ordinance 3
WHEREAS, the negotiated resolution of the Company's RRM filing and the resulting
rates are, as a whole, in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
Section 1. That the findings set forth in this Ordinance are hereby in all things approved.
Section 2. That the Town Council finds the existing rates for natural gas service provided
by Atmos Mid -Tex are unreasonable and new tariffs and Atmos Mid-Tex's Proof of Revenues,
which are attached hereto and incorporated herein as Attachments A and B, are just and
reasonable and are hereby adopted.
Section 3. That Atmos Mid -Tex shall reimburse the reasonable ratemaking expenses of
the ACSC Cities in processing the Company's rate application.
Section 4. That the Settlement Agreement, attached as Attachment C, which includes in
addition to resolution of the Third RRM: (1) extension of a modified RRM process; (2)
requirement that Atmos Mid -Tex file a system -wide Statement of Intent rate case on or before
June 1, 2013; and (3) current recovery of incremental direct costs for a steel service line
replacement program, is hereby ratified.
Section 5. That to the extent any resolution or ordinance previously adopted by the
Council is inconsistent with this Ordinance, it is hereby repealed.
Section 6. That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 7. That if any one or more sections or clauses of this Ordinance is adjudged to be
unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining
Atmos RRM Ordinance 4
provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted
as if the offending section or clause never existed.
Section 8. That if the Town determines any rates, revenues, terms and conditions, or
benefits resulting from a Final Order or subsequent negotiated settlement approved in any
proceeding addressing the issues raised in the Company's Third RRM filing would be more
beneficial to the Town than the terms of the attached tariff, then the more favorable rates,
revenues, terms and conditions, or benefits shall additionally accrue to the Town.
Section 9. That this Ordinance shall become effective from and after its passage with
rates authorized by attached Tariffs to be effective for bills rendered on or after October 1, 2010.
Section 10. That a copy of this Ordinance shall be sent to Atmos Mid -Tex, care of David
Park, Vice President Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ
Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at
Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 281h DAY OF SEPTEMBER, 2010 AT A MEETING WHICH
WAS HELD IN STRICT ACCORDANCE WITH THE TEXAS OPEN MEETING ACT.
RAY SMITH, Mayor
ATTEST TO:
MATTHEW D. DENTON, TRMC
Town Secretary
Date of Publication Dallas Morning News — Collin County Edition
Atmos RRM Ordinance 5
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
RATE SCHEDULE:
1— INDUSTRIAL SALES
APPLICABLE TO:
All Cities except the City of Dallas and all unincorporated areas
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2010
Application
Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day
for all natural gas provided at one Point of Delivery and measured through one meter. Service for
Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at
Company's sole option and will require special contract arrangements between Company and Customer.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the
amounts due under the riders listed below:
Charge
Amount
Customer Charge per Meter
$ 450.00 per month
First 0 MMBtu to 1,500 MMBtu
$ 0.2750 per MMBtu
Next 3,500 MMBtu
$ 0.2015 per MMBtu
All MMBtu over 5,000 MMBtu
$ 0.0433 per MMBtu
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled "Daily Price Survey."
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
RATE SCHEDULE:
I — INDUSTRIAL SALES
APPLICABLE TO:
All Cities except the City of Dallas and all unincorporated areas
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2010
Replacement Index
In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
In order to receive service under Rate I, Customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
ATMOS ENERGY CORP., MID-TEX DIVISION
SUMMARY OF CURRENT AND PROPOSED RATE STRUCTURE
TEST YEAR ENDING DECEMBER 31, 2009
(2010 RRM SETTLEMENT PROPOSAL)
Proposed
Line (Beginning
No. Description Current Oct 1)
(a) (b) (d)
1 Rate R
2
Customer Charge per month
$7.00
$7.00
3
4
Consumption Charge per MCF
$2.2647
$2.5246
5
2008 RRM True -up per MCF
$0.0000
$0.0000
6
2009 RRM True -up per MCF
$0.0060
$0.0000
7
Total Consumption Charge per MCF
$2.2707
$2.5246
8
Rate C
9
Customer Charge per month
$13.50
$13.50
10
11
Consumption Charge per MCF
$0.9825
$1.0796
12
2008 RRM True -up per MCF
$0.0000
$0.0000
13
2009 RRM True -up per MCF
$0.0052
$0.0000
14
Total Consumption Charge per MCF
$0.9877
$1.0796
15
Rate I & T
16
Customer Charge per month
$425.00
$450.00
17
18
Consumption Charge per MMBTU:
19
First 1,500 MMBTU
$0.2496
$0.2750
20
Next 3,500 MMBTU
$0.1820
$0.2015
21
Over 5,000 MMBTU
$0.0390
$0.0433
22
2008 RRM True -up per MMBTU:
23
First 1,500 MMBTU
$0.0087
$0.0000
24
Next 3,500 MMBTU
$0.0064
$0.0000
25
Over 5,000 MMBTU
$0.0014
$0.0000
26
2009 RRM True -up per MMBTU:
27
First 1,500 MMBTU
$0.0000
$0.0000
28
Next 3,500 MMBTU
$0.0000
$0.0000
29
Over 5,000 MMBTU
$0.0000
$0.0000
30
Total Consumption Charge per MMBTU
31
First 1,500 MMBTU
$0.2583
$0.2750
32
Next 3,500 MMBTU
$0.1884
$0.2015
33
Over 5,000 MMBTU
$0.0404
$0.0433
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
RATE SCHEDULE: I R — RESIDENTIAL SALES
APPLICABLE TO: I All Cities except the City of Dallas and all unincorporated areas
EFFECTIVE DATE: I Bills Rendered on or after 10/01/2010
Application
Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured
through one meter.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the
amounts due under the riders listed below:
Charge
Amount
Customer Charge per Bill
$ 7.15 per month
Commodity Charge — All Mcf
$2.5246 per Mcf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
RATE SCHEDULE:
C — COMMERCIAL SALES
APPLICABLE TO:
All Cities except the City of Dallas and all unincorporated areas
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2010
Application
Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured
through one meter and to Industrial Customers with an average annual usage of less than 3,000 Mcf.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $ 13.91 per month
Commodity Charge - All Mcf $ 1.0796 per Mcf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
SETTLEMENT AGREEMENT BETWEEN ATMOS ENERGY CORP., MID-TEX
DIVISION AND ATMOS CITIES STEERING COMMITTEE
WHEREAS, this settlement agreement is entered into by Atmos Energy Corp's Mid -
Tex Division and Atmos Cities Steering Committee ("ACSC") whose members include the
Cities of Abilene, Addison, Allen, Alvarado, Angus, Anna, Argyle, Arlington, Bedford,
Bellmead, Benbrook, Beverly Hills, Blossom, Blue Ridge, Bowie, Boyd, Bridgeport,
Brownwood, Buffalo, Burkburnett, Burleson, Caddo Mills, Carrollton, Cedar Hill, Celeste,
Celina, Cisco, Cleburne, Clyde, College Station, Colleyville, Colorado City, Comanche,
Coolidge, Coppell, Corinth, Corral City, Crandall, Crowley, Dalworthington Gardens, Denison,
Desoto, Duncanville, Eastland, Edgecliff Village, Emory, Ennis, Euless, Everman, Fairview,
Farmers Branch, Farmersville, Fate, Flower Mound, Forest Hill, Fort Worth, Frisco, Frost,
Gainesville, Garland, Garrett, Grand Prairie, Grapevine, Haltom City, Harker Heights, Haskell,
Hewitt, Highland Park, Highland Village, Honey Grove, Hurst, Iowa Park, Irving, Justin,
Kaufinan, Keene, Keller, Kemp, Kennedale, Kerrville, Killeen, Krum, Lakeside, Lake Worth,
Lancaster, Lewisville, Lincoln Park, Little Elm, Lorena, Malakoff, Mansfield, McKinney,
Melissa, Mesquite, Midlothian, Murphy, Nocona, North Richland Hills, Northlake, Oakleaf,
Ovilla, Palestine, Pantego, Paris, Parker, Pecan Hill, Plano, Ponder, Pottsboro, Prosper, Quitman,
Red Oak, Reno (Parker County), Richardson, Richland, Richland Hills, Roanoke, Robinson,
Rockwall, Roscoe, Rowlett, Sachse, Saginaw, Seagoville, Sherman, Snyder, Southlake,
Springtown, Stamford, Stephenville, Sulphur Springs, Sweetwater, Temple, Terrell, The Colony,
Tyler, University Park, Venus, Vernon, Waco, Watauga, Waxahachie, Westlake, Whitesboro,
White Settlement, Wichita Falls, Woodway, and Wylie.
WHEREAS, on March 15, 2010, Atmos filed with the ACSC Cities an application,
hereafter referred to as the 2010 RRM filing, to adjust rates pursuant to Rider RRM - Rate
Review Mechanism; and
WHEREAS, ACSC has hired experts and lawyers to analyze the rates proposed by
Atmos Energy Corp.'s, Mid -Tex Division ("Atmos" or "Company") in its 2010 RRM filing; and
WHEREAS, the Settlement Agreement resolves all issues between Atmos and ACSC
("the Signatories") regarding the 2010 RRM filing, which is currently pending before the ACSC
Cities, in a manner that the Signatories believe is consistent with the public interest, and the
Signatories represent diverse interests; and
WHEREAS, the Signatories believe that the resolution of the issues raised in the 2010
RRM filing can best be accomplished by each ACSC City approving this Settlement Agreement
and the rates, terms and conditions reflected in the tariffs attached to this Settlement Agreement
as Exhibit A;
NOW, THEREFORE, in consideration of the mutual agreements and covenants
established herein, the Signatories, through their undersigned representatives, agree to the
following Settlement Terms as a means of fully resolving all issues between the ACSC Cities
and Atmos involving the 2010 RRM filing:
Settlement Terms
1. Upon the execution of this Settlement Agreement, Atmos and the counsel for the
ACSC cities will recommend that an ordinance or resolution be adopted to approve
this Settlement Agreement and implement the rates, terms and conditions reflected in
the tariffs attached to this Settlement Agreement as Exhibit A. (Attachment A to the
Ordinance ratifying this Agreement). Said tariffs should allow Atmos an additional,
prospective $27 million in annual revenue by implementation of rates shown in the
proof of revenues attached as Exhibit B. (Attachment B to the Ordinance ratifying this
Agreement). The uniform implementation of gas rates, terms and conditions
established by this Settlement Agreement shall be effective for bills rendered on or
after October 1, 2010.
2. In an effort to streamline the regulatory review process, Atmos and ACSC have agreed
to renew the Rate Review Mechanism ("Rider RRM") for a period commencing with
the Company's April 1, 2011 filing under this mechanism for the calendar year 2010,
effective August 15, 2011, and concluding upon the implementation of new, final rates
established pursuant to the general rate case that Atmos will file on or before June 1,
2013. Rider RRM provides for an annual rate adjustment to reflect changes in billing
determinants, operating and maintenance expense, depreciation expense, other taxes
expense, and revenues as well as changes in capital investment and associated changes
in gross revenue related taxes. The revised RRM tariff is included in Exhibit A.
3. Notwithstanding the RRM rate adjustments that will occur pursuant to paragraph 2 of
this Settlement Agreement, Atmos and ACSC agree that on or before June 1, 2013,
Atmos shall file a general, system -wide rate case for the Mid -Tex Division. During
the pendency of the general rate case, Atmos and ACSC agree that rate adjustments
associated with the RRM filing for calendar year 2011 shall be implemented on
August 15, 2012, and shall remain in effect until the earlier of either the issuance of a
final order by the Railroad Commission of Texas in the general rate case to be filed on
or before June 1, 2013, or the entry of an agreed upon order resolving all issues
involved in the general rate case. The adjustments made or requested in the 5t' year
RRM shall not be considered precedent during the general rate case.
4, Atmos and ACSC further agree that for the period commencing March 1, 2010
through September 30, 2012, Atmos will expand its existing steel service line
replacement program to complete the replacement of 100,000 steel service lines within
its Mid -Tex Division during this period. Atmos and ACSC agree that a risk -based
approach should be adopted to allow replacement of the highest priority steel service
lines within this time period. Atmos agrees to provide the ACSC cities with quarterly
reports providing the number and location of the lines replaced during the quarter.
Atmos agrees to coordinate with ACSC member cities to minimize disruption to cities'
rights of way without compromising the safety of residents of the cities.
5. Atmos and ACSC agree that costs incurred to replace steel service lines prior to
October 1, 2010 shall be included in the RRM rate adjustment calculation for the 2010
calendar year, and shall not be subject to or included in the rate cap limitations set
forth in subsection IV (a)-(b) of the Rider RRM tariff.
2
b. Atmos and ACSC agree that the projected incremental direct costs incurred to replace
steel service lines on or after October 1, 2010 shall be separately identified and shall
not be subject to or included in the rate cap limitations set forth in subsection IV (a)-
(b) of the Rider RRM tariff. Atmos and ACSC further agree that such projected direct
incremental costs incurred to replace steel service lines after October 1, 2010, shall be
separately calculated and recovered as a discrete component of customer charges in the
Company's annual RRM filings as set forth below:
a. Atmos and ACSC agree that Atmos shall be entitled to separately adjust rates for
the Rate Effective Period as defined in the Rider RRM tariff to allow recovery of
the projected annual revenue requirement associated with direct incremental costs
to be incurred in connection with a steel service line replacement program, that
are not otherwise included within the RRM cost of service, including a return on
equity of 9.0% within the overall weighted cost of capital applied to net
investment (net plant additions, less accumulated depreciation and accumulated
deferred income taxes), depreciation expense and applicable taxes;
b. Atmos and ACSC further agree that the capital structure used to calculate the steel
service line replacement rate adjustment will be the actual Evaluation Period (as
defined in the Rider RRM tariff) ratio of long-term debt and equity, with an
equity percentage not to exceed 50%;
c. Rate recovery associated with a steel service line replacement program shall occur
through an adjustment to the Residential and Commercial customer charges.
Current year recovery factors as of October 1, 2010 shall be $0.15 for residential
customers and $0.41 for commercial customers. The rates will be adjusted
annually, however, Atmos and ACSC agree that in no case will the per customer
monthly cost recovery factors attributable to a steel service line replacement
program exceed $0.44 for residential customers or $1.22 for commercial
customers, either prior to or during the pendency of the general rate case Atmos
will file on or before June 1, 2013.
d. Atmos and ACSC further agree that any per customer amount attributable to cost
recovery for a steel service line replacement program shall be subject to review by
the regulatory authority in a subsequent Evaluation Period as defined in the Rider
RRM tariff and all incremental costs associated with a steel service line
replacement program shall be subject to a prudence/reasonableness review in the
general rate case to be filed by Atmos on or before June 1, 2013.
7. With respect to the Company's annual RRM filings, Atmos agrees to pay all
reasonable and necessary expenses of each entity having original jurisdiction that are
incurred to review the Company's annual RRM filings. Atmos further agrees that in
calculating the proposed rate for any Rate Effective Period, the Company shall not
include: (1) any external legal, expert, or consultant costs to prepare and/or provide
supportive information related to its filing; or (2) reimbursements to original
jurisdiction entities.
8. Notwithstanding paragraph 7 of this Settlement Agreement, Atmos and ACSC agree
that in the event of an appeal of an original jurisdiction entity's decision regarding a
proposed RRM adjustment, recovery of rate case expenses shall be determined
3
according to Chapters 103 and 104, TEX. UTIL. CODE ANN. Further, in the event of
such appeal(s), Atmos shall recover any reimbursement made to the original
jurisdiction entity through a surcharge to all customer rates that are subject to the
Commission's jurisdiction in that proceeding or proceedings that might be joined
therewith, regardless of whether such reimbursements are made during the initial
review period or appeal period.
9. The ACSC Cities agree that they will not challenge the legal basis of the rates, terms,
and conditions reflected in Exhibit A, or any annual RRM adjustment that is
implemented pursuant to Rider RRM.
10. Atmos and the ACSC Cities further agree that the express terms of the Rider RRM are
supplemental to the filing, notice, regulatory review, or appellate procedural process of
the ratemaking provisions of Chapter 104 of the Texas Utilities Code. If the statute
requires a mandatory action on behalf of the municipal regulatory authority or Atmos,
the parties will follow the provisions of such statute. If the statute allows discretion on
behalf of the municipal regulatory authority, the ACSC Cities agree that they shall
exercise such discretion in such a way as to implement the provisions of the RRM
tariff. If Atmos appeals an action or inaction of an ACSC City regarding an RRM
filing to the Railroad Commission, the ACSC Cities agree that they will not oppose the
implementation of interim rates or advocate the imposition of a bond by Atmos
consistent with the RRM tariff. Atmos agrees that it will make no filings on behalf of
its Mid -Tex division under the provisions of TEX. UTIL. CODE ANN. § 104.301 while
the Rider RRM is in place. In the event that a regulatory authority fails to act or enters
an adverse decision regarding the proposed annual RRM adjustment, the Railroad
Commission of Texas shall, pursuant to the provisions of the Texas Utilities Code,
have exclusive appellate jurisdiction to review the action or inaction of the regulatory
authority exercising exclusive original jurisdiction over the RRM request. In addition,
the Signatories agree that this Settlement Agreement shall not be construed as a waiver
of the ACSC Cities' right to initiate a show cause proceeding or the Company's right
to file a Statement of Intent under the provisions of the Texas Utilities Code.
11. Atmos and ACSC further agree that the ordinance or resolution adopting this
Settlement Agreement shall include a provision authorizing Atmos to establish
regulatory asset account(s) for costs related to working gas in storage. Atmos and
ACSC further agree that the language authorizing these regulatory asset account(s)
shall be the same as that set forth in the 4t' Ordering Paragraph (Page 10 of 11) of the
Final Order Nunc Pro Tunc issued by Railroad Commission of Texas in GUD No.
9869 on February 23, 2010. This language states as follows:
IT IS FURTHER ORDERED that Atmos shall be allowed to establish a
regulatory asset for the ad valorem taxes related to working gas in storage.
In addition, Atmos shall be allowed to establish a regulatory asset for (1)
the costs associated with Accumulated Deferred Income Tax for UNICAP
Section 263A, (2) the WACOG to FIFO change, and (3) an amount equal
to the rate of return approved in this RRM Proceeding for the
Accumulated Deferred Income Tax items related to working gas in
storage. Atmos shall record these amounts in Other Regulatory Assets
(Account 182.3). These deferred items shall be considered, along with the
4
investment in working gas, for consideration and possible inclusion in
rates for Atmos Pipeline -Texas in that entity's next filed rate case. If the
Commission determines that such deferred items are not properly included
in the rates of Atmos Pipeline — Texas, the items shall be further deferred
until the next Atmos Mid -Tex rate case filed after the final decision in the
Atmos Pipeline -Texas rate case for inclusion with the working gas
investment in the Atmos Mid -Tex rates.
12. Atmos and ACSC agree that each ACSC city should approve this Settlement
Agreement and adopt an ordinance or resolution to implement for the ACSC Cities the
rates, terms, and conditions reflected in the tariffs attached to this Settlement
Agreement as Exhibit A, as well as the regulatory asset authorization language
discussed in paragraph 12 of this Settlement Agreement.
13. The Signatories agree that the terms of the Settlement Agreement are interdependent
and indivisible, and that if any ACSC city enters an order that is inconsistent with this
Settlement Agreement, then any Signatory may withdraw without being deemed to
have waived any procedural right or to have taken any substantive position on any fact
or issue by virtue of that Signatory's entry into the Settlement Agreement or its
subsequent withdrawal. If any ACSC city rejects this Settlement Agreement, then this
Settlement Agreement shall be void ab initio and counsel for the ACSC Cities shall
thereafter only take such actions as are in accordance with the Texas Disciplinary
Rules of Professional Conduct.
14. The Signatories agree that all negotiations, discussions and conferences related to the
Settlement Agreement are privileged, inadmissible, and not relevant to prove any
issues associated with Atmos' 2010 RRM filing.
15. The Signatories agree that neither this Settlement Agreement nor any oral or written
statements made during the course of settlement negotiations may be used for any
purpose other than as necessary to support the entry by the ACSC Cities of an
ordinance or resolution implementing this Settlement Agreement.
16. The Signatories agree that this Settlement Agreement is binding on each Signatory
only for the purpose of settling the issues set forth herein and for no other purposes,
and, except to the extent the Settlement Agreement governs a Signatory's rights and
obligations for future periods, this Settlement Agreement shall not be binding or
precedential upon a Signatory outside this proceeding.
17. The Signatories agree that this Settlement Agreement may be executed in multiple
counterparts and may be filed with facsimile signatures.
5
Agreed to this day of August, 2010.
ATMOS ENERGY CORP., MID-TEX DIVISION
By:
John A. Paris
President, Mid -Tex Division
Agreed to this day of August 2010.
ATTORNEY FOR ATMOS TEXAS MUNICIPALITIES, WHOSE MEMBERS INCLUDE
THE CITIES OF ABILENE, ADDISON, ALLEN, ALVARADO, ANGUS, ANNA, ARGYLE,
ARLINGTON, BEDFORD, BELLMEAD, BENBROOK, BEVERLY HILLS, BLOSSOM,
BLUE RIDGE, BOWIE, BOYD, BRIDGEPORT, BROWNWOOD, BUFFALO,
BURKBURNETT, BURLESON, CADDO MILLS, CARROLLTON, CEDAR HILL,
CELESTE, CELINA, CISCO, CLEBURNE, CLYDE, COLLEGE STATION, COLLEYVILLE,
COLORADO CITY, COMANCHE, COOLIDGE, COPPELL, CORINTH, CORRAL CITY,
CRANDALL, CROWLEY, DALWORTHINGTON GARDENS, DENISON, DESOTO,
DUNCANVILLE, EASTLAND, EDGECLIFF VILLAGE, EMORY, ENNIS, EULESS,
EVERMAN, FAIRVIEW, FARMERS BRANCH, FARMERSVILLE, FATE, FLOWER
MOUND, FOREST HILL, FORT WORTH, FRISCO, FROST, GAINESVILLE, GARLAND,
GARRETT, GRAND PRAIRIE, GRAPEVINE, HALTOM CITY, HARKER HEIGHTS,
HASKELL, HEWITT, HIGHLAND PARK, HIGHLAND VILLAGE, HONEY GROVE,
HURST, IOWA PARK, IRVING, JUSTIN, KAUFMAN, KEENE, KELLER, KEMP,
KENNEDALE, KERRVILLE, KILLEEN, KRUM, LAKESIDE, LAKE WORTH,
LANCASTER, LEWISVILLE, LINCOLN PARK, LITTLE ELM, LORENA, MALAKOFF,
MANSFIELD, MCKINNEY, MELISSA, MESQUITE, MIDLOTHIAN, MURPHY, NOCONA,
NORTH RICHLAND HILLS, NORTHLAKE, OAKLEAF, OVILLA, PALESTINE,
PANTEGO, PARIS, PARKER, PECAN HILL, PLANO, PONDER, POTTSBORO, PROSPER,
QUITMAN, RED OAK, RENO (PARKER COUNTY), RICHARDSON, RICHLAND,
RICHLAND HILLS, ROANOKE, ROBINSON, ROCKWALL, ROSCOE, ROWLETT,
SACHSE, SAGINAW, SEAGOVILLE, SHERMAN, SNYDER, SOUTHLAKE,
SPRINGTOWN, STAMFORD, STEPHENVILLE, SULPHUR SPRINGS, SWEETWATER,
TEMPLE, TERRELL, THE COLONY, TYLER, UNIVERSITY PARK, VENUS, VERNON,
WACO, WATAUGA, WAXAHACHIE, WESTLAKE, WHITESBORO, WHITE
SETTLEMENT, WICHITA FALLS, WOODWAY, AND WYLIE
Geoffrey Gay*
* Subject to approval by ACSC City Councils
7
PISPER
OWN OF
Memorandum
To: Mayor Ray Smith and the Prosper Town Council
From: Linda J. Shaw, Town Librarian
CC: Mike Land, City Manager
Date: September 13, 2010
Re: Community Library Activity Report —August 2010
Action Requested:
For review, informational, and statistical purposes
Prosper Community Library
Prosper,Texas
Agenda Item No. 7
Background Information:
The Library officially became a joint use library with Reynolds Middle School when the school opened on
August 23, 2010. Various 'housekeeping' issues were addressed pertaining to Community Library access
both to the facility and library services. Patrons were unable to access retail or email websites on the
Internet for approximately 2-3 weeks, but now have unrestricted access. Wireless access is no longer
available for personal devices because of school -related security issues.
Interim Community Library hours until October 1, 2010 are:
Monday
Tuesday - Thursday
Friday
Saturday
9a.m. —
4:30p.m.
9a.m. —
8:00p.m.
9a.m. —
4:30p.m.
10a.m. —
2:00p.m.
Before 4:30p.m. Community Library users must enter the building through the front entrance of the
Middle School and show a picture I.D. to gain entrance to the Library.
Using funds from the Texas Loan Star Grant, four upholstered chairs, two floor lamps, wall decals,
juvenile rugs, coffee serving cabinet and flat panel television were purchased for the "Community
Library Reading Room" to both provide an inviting space and to enhance programming capabilities.
Because of space limitations, library staff members are still in the process of withdrawing nonfiction
books.
Supporting Documents: Library Status Report
Staff Recommendation:
Thank you for your consideration of this item. If I can be of any support, please contact me at
469-219-2499 or by email at Ishaw@celina-tx.gov.
Item No. 7 Page 1 of 1
Library Status Report Prosper Community Library August 2010
User Activity
Month
# Days
Open
Hours
Open
library
Visits
% Change
from
Previous
Month
Visits Per
Day
Visits
per
Hour
Computer
Users
logged
Computer
Hours
Materials
Checked
Out
%Change
from
Previous
month
Preschool
Programs
Preschool
Program
Attendance
August
18
140
330
18
2
25
n/a
218
0
0
September
221
146
393
19%
18
3
63
88.50
185
-15%
2
24
October
231
143
487
24%
21
3
90
82.00
392
112%
4
45
November
181
115
471
-3%
26
4
45
56.00
275
-30%
3
66
December
20
134
290
-38%
15
2
70
57.75
357
30%
2
28
January
22
132
364
26%
17
3
36
34.75
368
3%
2
30
February
20
128
384
5%
19
3
44
46.00
305
-17%
4
104
March
20
128
472
23%
24
4
53
63.50
280
-21%
3
62
April
0
0
0
0
0
0
0
0.00
0
n/a
0
0
May
18
132
339
-28%
19
3
38
64.50
117
-58%
2
9
June
22
145
551
63%
25
4
68
80.50
376
136%
2
85
July
23
142
593
8%
26
4
77
102.25
426
13%
1
12
August
21
138
555
-6%
26
4
40
44.75
403
-5%
0
0
September
TOTALI
2471
1623
5,2291
21
3
6491
720.50
3,7021
251
465
Materials
Titles
Copies
Copies
Added
Copies
Deleted
Net
Additions
September
17,461
25,105
October
16,7591
24,173
168
1,100
-932
November
16,7051
24,085
106
218
-112
December
16,7461
24,031
128
145
-17
January
16,543
23,663
49
368
-319
February
15,801
19,337
96
4,326
-4,230
March
11,927
14,906
158
5,355
-5,197
April
11,171
14,067
0
839
-839
May
9,234
9,388
72
4,817
-4,745
June
20,174
21,048
11,660
13
11,647
July
20,204
21,096
892
41
851
August
19,757
21,096
3
450
-447
September
Year Total
1
13,3321
17,672
-4,340
Patrons
Registered
Users
New Users
Total#
Users
%Change
from
Previous
Month
%Change
for Year
September
1,147
31
1,178
3%
3%
October
1,178
42
1,220
4%
6%
November
1,220
47
1,267
4%
10%
December
1,267
19
1,286
1%
12%
January,
1,286
28
1,314
2%
15%
February
1,314
40
1,354
3%
18%
March
1,354
24
1,378
2%
20%
April
1,378
0
1,378
0
20%
May
1,378
34
1,412
2%
23%
June
1,412
77
1,499
5%
27%
July
1,499
34
1,533
2%
26%
August
1,533
53
1,586
3%
27%
September
Year Total
1,5861
439
ISPER
OWN OF
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Matthew D. Denton, Town Secretary
CC: Mike Land, Town Manager
ADMINISTRATION
Agenda Item No. 8
Re: Town Council Meeting — September 28, 2010
Date: September 23, 2010
Agenda Item:
Discuss and appoint individuals to the Parks and Recreation Board, Planning & Zoning
Commission, Board of Adjustments/Construction Board of Appeals, Library Board, and
Economic Development Corporation..
Description of Agenda Item:
The following is a list of Board and Commission members whose terms are expiring or open
positions on the boards. Appointments will be made at the September 28, 2010 Town Council
meeting.
Planning and Zoning Commission (3 openings)
Mark DeMattia
Chris Blair
George Dupont
Parks and Recreation (3 openings)
Chris Sanchez
Woody Adams
Michael Lamb
Board of Adjustment/Construction Board of Appeals (5 openings including alternates)
Cathy Coleman
Stan Folsom
Vacant
Alternates:
Woody Adams
Vacant
Agenda Item No. 8 - Page 1 of 2
EDC (2 openings)
Jim Wicker
Bob Luckock
Library Board
No openings this year.
Budget Impact:
There is no impact on the budget.
Legal Obligations and Review:
N/A
Attached Documents:
Applications
Town Staff Recommendation:
Town Staff recommends that Council appoint individuals to the vacant board and commission
positions.
Agenda Item No. 8 - Page 2 of 2
ISPER
OWN OF
Prosper is a place where everyone matters.
To: Mayor and Town Council
Public Works
Agenda Item No. 9
From: Frank E. Jaromin, P.E., Director Public Works
Cc: Mike Land, Town Manager
Re: Town Council Meeting — September 28, 2010
Date: September 16, 2010
Agenda Item:
Consider and act upon an ordinance adopting a no -truck route to regulate the activities of
commercial trucks in the Town of Prosper on a portion of Frontier Parkway from Burlington
Northern Santa Fe Railway to Dallas North Toll Road.
Description of Agenda Item:
In conjunction with the improvements to Frontier Parkway, staff is requesting to remove
commercial truck traffic from this portion of roadway. Truck traffic will still have the option to use
Prosper Trail which has a concrete surface designed for this traffic loading. The City of Celina is
currently adopting a similar ordinance to restrict commercial traffic. The Town of Prosper and City
of Celina have expended a large amount of funds to improve Frontier Parkway, and feel that
eliminating commercial traffic will help extend the life span of the roadway. One of our largest
employers, Cornerstone Automation, is located in the business park at Frontier Parkway and the
Burlington Northern Santa Fe Railway tracks. This ordinance will only affect thru commercial traffic,
not commercial traffic serving Cornerstone Automation.
Frontier Parkway construction has started and should be completed in early October. Staff would
like to have the signage installed and functioning prior to completing the improvements to Frontier
Parkway.
Budget Impact:
There are no significant budget implications associated with the approval of this ordinance.
Legal Obligations and Review:
The ordinance was written by the Town Attorney.
Attached Documents:
1. Ordinance adopting a no truck route to regulate the activities of commercial trucks in the
Town of Prosper on a portion of Frontier Parkway from Burlington Northern Santa Fe
Railway to Dallas North Toll Road.
2. Map.
Agenda Item No. 9 - Page 1 of 2
Town Staff Recommendation:
Town staff recommends the Town Council approve an ordinance adopting a no -truck route to
regulate the activities of commercial trucks in the Town of Prosper on a portion of Frontier Parkway
from Burlington Northern Santa Fe Railway to Dallas North Toll Road.
Agenda Item No. 9 - Page 2 of 2
TOWN OF PROSPER, TEXAS ORDINANCE NO. 10-
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ADOPTING A
NO TRUCK ROUTE TO REGULATE THE ACTIVITIES OF
COMMERCIAL TRUCKS IN THE TOWN OF PROSPER; PROVIDING
FOR UNLAWFUL ACTS AND EXEMPTIONS TO THE REGULATIONS;
PROVIDING FOR THE NOTIFICATION OF THE NO TRUCK ROUTES
BY THE INSTALLATION OF SIGNS AND MARKERS TO REGULATE
COMMERCIAL TRUCKS IN THE TOWN OF PROSPER; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has
investigated and determined that it would be advantageous and beneficial to the Town of Prosper,
Texas ("Prosper") to adopt an ordinance creating a no truck route to regulate the activities of
commercial trucks over certain roads, streets and highways in Prosper; and
WHEREAS, the Town Council has investigated and determined that it would be
advantageous and beneficial to Prosper to adopt an ordinance, providing for the prohibition of
travel of commercial trucks over certain roads, streets and highways in Prosper for the purpose
of, among other things, promoting the health, safety and welfare of the general public and
preserving and protecting the functionality and integrity of Prosper's roads, streets and highways,
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: Purpose. To protect the health, safety and general welfare of the residents
of Prosper and to preserve and protect functionality and integrity of Prosper's roads, streets and
highways by designating commercial truck traffic routes in Prosper.
SECTION 3: Definitions. For purposes of this Ordinance, when not inconsistent with
the context, words used in the present tense include the future tense, words in the plural include
the singular, and words in the singular include the plural, and the use of any gender shall be
applicable to all genders whenever the sense requires. Words not defined in this Section shall be
given their common and ordinary meaning.
A. Commercial Truck: Any motor vehicle having a weight of 13 tons Gross Vehicle
Weight Rating (GVWR) or more including the load carried, also including but not
Ordinance Establishing No Truck Route Page lof 3
581708.v1
limited to, any vehicle carrying hazardous materials or solid waste. Commercial
trucks shall not include vehicles carrying or designated to carry passengers, all
governmentally owned or leased vehicles, public utility vehicles, motor homes,
recreational vehicles or vehicles used exclusively to transport personal
possessions or family members for non -business purposes.
B. Truck Route: A road, street and/or highway on which commercial trucks are
allowed and which is designated and posted as a "Truck Route".
SECTION 4: Unlawful Acts/Exemptions.
A. It shall be unlawful to operate a Commercial Truck on the following roads, streets
or highways located in Prosper:
Street Segment
Extent
Frontier Parkway
From Dallas North Toll Road to BNSF
Railroad
B. The provisions of this section shall not apply to:
(1) emergency vehicles operating in response to any emergency call;
(2) a vehicle traveling to or from areas served directly by the roads, streets
and/or highways listed in this section for the purpose of providing repair or
maintenance service or loading or unloading goods, wares or merchandise,
provided such vehicle is operated over the shortest possible route, and the
operator of such vehicle has in his immediate possession evidence of the
local destination and point of origin;
(3) an owner and/or operator of a Commercial Truck driving to and from his
residence;
(4) Commercial Trucks owned and/or operated by and/or on behalf of a
governmental entity, a public utility and/or any contractor or materialman,
while engaged in the repair, maintenance or construction of roads, streets
and/or highways, and/or road, street and/or highway improvements and/or
utilities within Prosper
(5) Commercial Trucks owned and/or operated by and/or on behalf of a
governmental entity while engaging in and/or performing official,
authorized government -related business; and
(6) Commercial Trucks operating upon a Prosper or State officially designated
detour.
SECTION 5: Establishing No Truck Route(s). The Director of Engineering, or his/her
Ordinance Establishing No Truck Route Page 2of 3
581708.v1
designee, shall maintain accurate maps setting out no truck routes on streets upon which no truck
traffic is permitted. The maps shall be kept on file in the office of the Town Secretary and shall
be available to the public.
SECTION 6: Posting of Restrictions. Signs indicating the "No Truck Route(s)" provided
herein shall be placed or caused to be placed by the Director of Engineering, or his/her designee,
at the most advantageous points to be conspicuous to approaching vehicular traffic. The signs
shall be permanently affixed to a stationery post or installed on permanent buildings or walls or
as otherwise approved. The signs shall in no way be obstructed from view and shall comply with
applicable state laws.
SECTION 7: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be fined a sum of not less than One Dollar ($1.00) nor more than Five Hundred Dollars
($500.00). Prosper retains all legal rights and remedies available to it pursuant to local, state and
federal law.
SECTION 8: 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 9: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, on this day of , 2010.
Ray Smith, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
Mathew D. Denton, TRMC
Town Secretary
DATE(s) OF PUBLICATION:
Dallas Morning News
Ordinance Establishing No Truck Route
581708.v1
Page 3of 3
No rucL Koute
W FRONTIER PKWY
R
DISCLAIMER
The Town of Prosper has prepared this map
��� or information for internal purposes only It is
TOWN O F made available under the Public Information
P S P E R is reliance N this map or information
of
is AT YOUR OWN RISK. The Town of
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
arty maps or information provided herein. The Town of Prosper makes no warranty,
representation, or guarantee of any kind regarding any maps or information
Provided herein or the sources of such maps or infommation and DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESSED AND IMPLIED, including
the implied warranties of merchantability and fitness for a particular purpose.
BNSF Railroad
425 850
1,700
ON Feet
Legend e
No Truck Route
0 Parcels
Updated 9/9/10
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. 10
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — September 28, 2010
Date: September 23, 2010
Agenda Item:
Consider and act upon an ordinance amending Sign Ordinance No. 10-010, Section 1.09(Q),
Canopy Signs.
Description of Agenda Item:
During the past several months, Town staff has met with a number of gas station company
representatives looking to locate in Prosper. During these meetings, it was requested Town staff
review the Sign Ordinance in regard to canopy signs, specifically the maximum size allowed and
the ability to locate digital display (LED) signs on a canopy. The existing Sign Ordinance limits a
canopy sign to 15 square feet and does not provide for a digital display (LED) sign on a canopy.
The attached ordinance amends the Sign Ordinance to allow for a larger canopy sign, but also
limits the number of canopy signs and the amount of the canopy band that can be used for
signage.
The following revisions to Section 1.09(Q), Canopy Signs, are proposed in the attached ordinance:
1. The maximum area of a canopy sign shall be 45 square feet.
2. The maximum height of a canopy sign shall be 3 feet.
3. The minimum height for text or graphic elements shall be 6 inches.
4. A maximum of two canopy signs shall be permitted per public street frontage.
5. No greater than fifty percent (50%) of the length of any one side of the canopy band shall
be used for signage.
6. Canopy signs shall not project above, below, or beyond the edge of the canopy band.
Town staff has not included language which would allow a digital display (LED) sign to be located
on a canopy. Currently, the Sign Ordinance only provides for digital display (LED) signs in the
form of a monument sign. Town staff is concerned that if digital display (LED) signs were provided
for on canopies or walls, in addition to monument signs, there could be too many digital display
signs along the Town's thoroughfares, creating a busy and distracting streetscape, which does not
reflect the small town nature or "feel" of Prosper. The color of the canopy band and a larger
canopy sign will allow drivers to clearly identify the branding and name of the gas station.
Agenda Item No. 10 - Page 1 of 2
Budget Impact:
There are no significant budget implications associated with the approval of the ordinance.
Legal Obligations and Review:
Legal review of the ordinance is not required.
Attached Documents:
1. An ordinance amending Sign Ordinance No. 10-010, Section 1.09(Q), Canopy Signs.
2. Sign Ordinance No. 10-010, Section 1.09(Q), Canopy Signs, as it currently exists.
3. Examples of typical canopy signs from the surrounding area.
Town Staff Recommendation:
Town staff recommends the Town Council approve the ordinance amending Sign Ordinance No.
10-010, Section 1.09(Q), Canopy Signs, as submitted.
Agenda Item No. 10 - Page 2 of 2
TOWN OF PROSPER, TEXAS
ORDINANCE NO. 10-
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SIGN
ORDINANCE NO. 10-010, SECTION 1.09(Q) CANOPY SIGNS; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated
and determined that Ordinance No. 10-010 (Sign Regulations) should be amended as set forth below; and
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to regulate signs within Prosper and its
Extraterritorial Jurisdiction ("ETJ");
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to prevent potential traffic hazards resulting
from the signs' distractions and locations;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to prevent nuisances;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to create a neat and orderly appearance
throughout Prosper;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to create a means to safely identify a place of
business and the services available on the premises without creating aesthetic offenses and harm;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to support the general economic development
of Prosper;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to support the general welfare of the citizens
and to maintain the historically small town atmosphere during a time of growth by providing for a means
to communicate information related to the non-residential community, civic activities and government;
Page] of 4
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to create appropriate and orderly commercial
and residential atmospheres;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to enhance property values and psychological
well-being for individuals and families;
WHEREAS, Prosper has complied with all notices as required by law; and
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best
interest of the citizens of Prosper to amend Ordinance No. 10-010 (Sign Regulations) 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: Amendment to Ordinance No. 10-010 (Sign Regulations) Section 1.09(0)
Canopy Signs. Ordinance No. 10-010 Section 1.09(Q) is hereby amended to read as follows:
CANOPY SIGNS
1. Definition — A canopy sign is a sign that is applied to, attached, or painted on a canopy or
other roof -like cover over gasoline fuel pumps, intended for protection from the weather
or as a decorative embellishment.
2. Canopy Signs are permissible only in conjunction with a non-residential use, subject to
the following conditions and upon the issuance of a sign permit:
a. Time — A sign permit shall not be issued to erect or place a canopy sign on a property
until a site plan and/or final plat has been approved by the Town for development of
the property and after the issuance of a building permit for a building on the property.
b. Place —
1. Canopy signs may only be erected on the sides of the canopy band that face a
public street.
2. A maximum of two canopy signs shall be permitted per public street frontage.
c. Manner —
1. The maximum area of a canopy sign shall be forty-five (45) square feet.
2. The maximum height of a canopy sign shall be three (3) feet.
3. The minimum height for text or graphic elements shall be six (6) inches.
4. No greater than fifty percent (50%) of the length of any one side of the canopy
band shall be used for signage.
Page 2 of 4
5. Canopy signs shall be attached directly to or painted on the face of the canopy
band, shall not project more than twelve (12) inches from the canopy band, and
shall not project above, below, or beyond the edge of the canopy band.
SECTION 3: Penalty Provision. Any person, firm, corporation or business entity violating this
Ordinance, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
fined a sum not exceeding Five Hundred Dollars ($500.00). 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 4: Savings/Repealine Clause. Ordinance No. 10-010 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, but such repeal shall not abate any pending prosecution
for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced
for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinance shall remain in full force and effect.
SECTION 5: 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 6: Effective Date. This Ordinance shall become effective from and after its adoption
and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, on this 28`h day of September, 2010.
APPROVED AS TO FORM:
Ray Smith, Mayor
Page 3 of 4
ATTESTED TO AND
CORRECTLY RECORDED BY:
Matthew Denton, Town Secretary
DATE OF PUBLICATION. , Dallas Morning News
Page 4 of
Sign Ordinance No. 10-010, Section 1.09(Q), Canopy Signs, as it currently exists:
Q. CANOPY SIGNS
1. Definition — A canopy sign is a sign that is applied to, attached, or painted on a
canopy or other roof -like cover over gasoline fuel pumps, intended for protection
from the weather or as a decorative embellishment.
2. Canopy Signs are permissible subject to the following conditions and upon the
issuance of a sign permit:
a. Time — A sign permit shall not be issued to erect or place a canopy sign on a
property until a site plan and/or final plat has been approved by the Town for
development of the property and after the issuance of a building permit for a
building on the property.
b. Place — Canopy signs may only be erected on the sides of the canopy band
that face a public street.
c. Manner —
1. Canopy signs may not exceed fifteen (15) square feet in size.
2. Canopy signs must be attached directly to or painted on the face of the
canopy band and shall not project more than twelve (12) inches from the
canopy band.
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IOSPER
WN OF
Prosper & a place where everyone matters.
To: Mayor and Town Council
From: Michael Bulla, CIP Project Manager
ENGINEERING
Agenda Item No. 11
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Mike Land, Town Manager
Re: Town Council Meeting — September 28, 2010
Date: September 20, 2010
Agenda Item:
Discuss and receive input on the proposed median landscaping design of Prosper Trail from Dallas
North Tollway to Preston Road.
Description of Agenda Item:
On November 11, 2008, Town staff discussed with the Town Council alternative screening options
adjacent to the existing developments along Prosper Trail from Coleman Street to Preston Road as
it relates to the impact of the widening of Prosper Trail from Dallas North Tollway to Preston Road.
At that Town Council Meeting, direction was given for staff to include additional live screening
adjacent to the Trails of Prosper and Preston Lakes in lieu of enhanced wood or masonry fencing
in the Prosper Trail Road Widening Project.
On April 14, 2009, to better facilitate the overall look of the landscaping in the parkways adjacent to
the developments and medians of the roadway, a Visioning Committee was formed to address
these issues including the potential design of gateway enhancements and park signage.
On May 19, 2009, the Visioning Committee held its inaugural meeting to discuss these topics. As
a result of discussion from the first few meetings, the Visioning Committee recommended that the
Town Staff hire a consultant to prepare design plans for the parkway and median landscaping
improvements along Prosper Trail from Dallas North Tollway to Preston Road.
At the February 23, 2010 Town Council Meeting, the Town Council approved a design contract to
Studio 13 to formulate proposed landscaping improvements for Prosper Trail based on the
recommendations of the Visioning Committee. Direction was given to create a unique landscaping
plan incorporating buffalo grass and drought tolerant native species to greatly reduce water usage
and time spent on maintenance in the medians. A copy of the proposed standard median
plantings is attached to this memo. In addition, these plantings were to be grouped together to
create a sense of randomness in lieu of a strict linear pattern in the center of the median. Similar
plantings were to be incorporated into the proposed parkway improvements adjacent to The Trails
of Prosper and Preston Lakes. The only exception would be matching the existing Bermuda grass
present around the HOA's.
Agenda Item No. 11 - Page 1 of 2
On August 12, 2010, Staff brought the proposed design plans, included with this memo, back to
the Visioning Committee for input and discussion. In addition, Staff has visited with
representatives from the Trails of Prosper HOA to get feedback on the proposed improvements
and will be incorporating their requested changes into the final design plans.
As a result of discussions held at the September 14, 2010 Council meeting, Staff was given
direction to pursue additional options for landscaping species for utilization within the median
landscape design. On September 17, 2010, Staff met with members of the Visioning Committee to
review the proposed design and establish alternatives for the plants to be used. Those in
attendance provided a systematic assessment of the medians and reached a consensus on a
desirable look appropriate for the Town. Staff forwarded the results of the meeting to the
Landscape Architect for inclusion in to the revised plans. Once these plans are approved, the
intent of this design is to establish the standards for the Town to incorporate into the medians
within future Town road widening projects.
Prior to issuance of a final design package for bidding purposes, Staff requests the Town Council
discuss and give their input on any changes to the proposed median improvements.
Budnet Impact:
At this time there are no funds allocated for the proposed improvements. The actual cost of the
improvements is contingent upon the level of comments received related to the completion of the
final plans. For estimation purposes the cost of the improvements shown on the proposed plans
being presented to the Town Council is approximately $300,000. Once the final plans are
approved, the plans will be advertised for bids. These bids will be forwarded for Town Council
consideration and direction on allocation of funds. It will be recommended that the 2008 CO Bonds
used to fund the construction of Prosper Trail be used to fund the landscaping improvements for
Prosper Trail from Dallas North Tollway to Preston Road.
Legal Oblinations and Review:
N/A
Attached Documents:
1. Revised Median Landscaping Plan for Prosper Trail (one page).
2. Perspective view rendering of Median Landscaping Plan.
Town Staff Recommendation:
Town staff recommends that the Town Council discuss and provide input on the proposed median
landscaping design of Prosper Trail from Dallas North Tollway to Preston Road.
Agenda Item No. 11 - Page 2 of 2
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4' HEI6HT 516N
SURROUND BY
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PROSPER TRAIL
PLANTING PLAN
PROSPER TRAIL
Town of Prosper, Collin County, Texas