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11.09.2010 Town Council PacketPISPER 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, November 9, 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. Council members may 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) October 26, 2010 — Town Council Meeting ORDINANCES, RESOLUTIONS, AND AGREEMENTS b. Consider and act upon a resolution: 1) determining a public necessity to acquire, by purchase or condemnation, real property located at 611 Robison Creek Drive for the construction of Prosper Trail (Dallas North Tollway to Preston Road), 2) giving notice of an official determination to acquire said property for the purposes set forth within and 3) authorizing the Town Manager to establish procedures for acquiring the property by purchase or condemnation. (HW) C. Consider and act upon an ordinance rezoning 18.0± acres, located 1,000± feet north of Prosper Trail and 100f feet west of Preston Road, amending Planned Development-31 (PD-31), Exhibit C, Section 1.03(E) (Front Yard). (Z10-0017). (CC) d. Consider and act upon an ordinance rezoning 133.1f acres, located on the north side of First Street, 2,300t feet west of Custer Road, from Planned Development-9 (PD-9) to Planned Development - Single Family (PD-SF). (Z10-0018). (CC) e. Consider and act upon 1) an Agreement to Contribute Funds -Local Government between the State of Texas, acting through the Texas Department of Transportation, and the Town of Prosper, Texas for the acquisition of all necessary right of way and adjustment of utilities for State Highway 289 between US 380 and FM 1461 and 2) adopt a resolution authorizing the Town Manager to execute the same. (HW) FINANCIALS f. Consider and act upon the Town's quarterly investment report for the quarter ending September 30, 2010. (MG) Page 1 of 3 CITIZEN'S COMMENTS (The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a "Public Comments Form" and present it to the Town Secretary prior to the meeting.) 5. Other Comments by the Public. REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related items will be recognized on a case -by -case basis, at the discretion of the Mayor and Town Council.) PUBLIC HEARINGS 6. A public hearing to consider and act upon a request to rezone 6. if acres, located 1,100f feet north of U.S. 380 and 1,800f feet east of Preston Road, to amend Planned Development-2 (PD-2), Exhibit C, Section 2.06 (Thoroughfare Screening). (Z10-0016). (CC) 7. A public hearing to consider and act upon a request to rezone 0.4f acre, located on the southwest corner of Coleman Street and Fifth Street (113 N. Coleman Street), from Single Family-15 (SF-15) to Downtown Retail (DTR). (Z10-0015). (CC) 8. Presentation of Service Plan and First Public hearing to consider the voluntary annexation of approximately 12.693 acres of land generally located north of First Street and 4300± feet west of Custer Road. (MID) DEPARTMENT ITEMS 9. Consider and act upon an ordinance amending the Fiscal Year 2009-10 Budget for municipal purposes, approving changes made in FY 2009-2010 Budget Amendment I. (MG) 10. Consider and act upon a resolution amending Resolution No. 10-064, concerning the creation of an employee benefits trust, to conform to language requirements from the Texas State Comptroller's Office. (MG) 11. Consider and act upon appointing an individual to the Planning and Zoning Commission to fill and unexpired term. (MD) 12. Consider and act upon 1) an award of bid to Superscapes Landscaping, Inc., 2) enter into a contract agreement with Superscapes, Inc., regarding the construction services for the Prosper Trail Landscaping Project and 3) adopt a resolution authorizing the Town Manager to execute the same. (M[B) 13. Capital Improvement Projects Update. (M[B) 14. Discuss and receive input on the Drainage Utility System Fee Development Report. (HW) 15. Discuss and give direction regarding joint meetings between the Town Council and other Town boards and commissions. (ML) 16. Consider and act upon an amendment to the present Ordinance preventing persons who are required to register as sex offenders, where the victim is a child under sixteen years of age, from acquiring a Page 2 of 3 residence within 1000 feet of areas where children gather and increase the distance to 2000 feet. (EM) EXECUTIVE SESSION 17. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit; Section 551.074 to deliberate the evaluation of the Town Manager. 18. Reconvene into regular session and take any action necessary as a result of the closed session. 19. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 20. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted by the following date and time: Friday, November 5, 2010 at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened. a®°%®t OF PR�e®®°®®e • e� v o° • � m ® a u a ew D. Denton, TRMC m Date Noticed Removed T Secretary In addition to any specifically identified Executive Sess®i Co 'I may convegd° into icutive Session under Section 551 of the Texas Government Code at any point during the open meeting to cuss an tbese.pe d on q%vienda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should CounetV�lect A18 into cutive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this & ile, e 4 i�ob be taken and recorded in open session. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the Town Secretary's Office at (972) 346-2640 or by FAX (972) 347-2111. BRAILLE IS NOT AVAILABLE. Page 3 of 3 ISPER OWN OF 1. Call to Order / Roll Call. The meeting was called to order at 6:04 p.m. Roll call was taken by Mayor Smith. MINUTES Regular Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, October 26, 2010 at 6:00 p.m. Council present included: Mayor Ray Smith, Mayor Pro-Tem Kenneth Dugger, Deputy hMa or Pro-Tem Meigs Miller, Dave Benefield, David Vestal (left the meeting at 7:4-0"' .m.), and Danny Wilson. Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; Chris Copple, Senior Planner; Matthew Garrett, Finance Director; and Matthew,Denton, Town Secretary. 2. Invocation and Pledge of Allegiance. The Invocation was given by Pastor John Fowler, Prosper -Presbyterian Church. g Mayor Smith led the Pledge of Allegiance. ..+,1�11111i1111i. Y g 3. Announcements of dates and times of upcoming community events. Councilmember Benefield announced the Family Fun Fest to be held on October 3 1 " at Rucker Elementary. PRESENTATIONS 4. Presentation of certificates of appreciation for past Board and Commission members. EXECUTIVE SESSION'��lli(;i��+�I111111i111�(�{��Ill�►1►��+�,. �i�l�l�i� ►iclll�,,.,. 1 5. Recess into Closed Session i►ni compliance with Section 551.001 et. seq. Texas Government Cod 111"to wit; Section 551.072. a. To deliberate the purchase, exchange, lease or value of real property located at 611 Robison.Creek Drive. +lilt b. To deliberate the purchase, exchange, lease or value of real property located at the southeast corner of First Street and Coit Road. Motioned by Mayor Pro-Tem Dugger, seconded by Deputy Mayor Pro-Tem Miller to recess into closed session. Motion approved 6-0. Council recessed into closed session at 6:04 p.m. 6. Reconvene into regular session and take any action necessary as a result of the closed session. Motioned by Councilmember Vestal, seconded by Mayor Pro-Tem Dugger to reconvene into regular session. Motion approved 6-0. Council reconvened into regular session at 7:02 p.m. Page 1 of 4 No action was taken as a result of closed session. CONSENT AGENDA 7. Consent Agenda MV UTES a. Consider and act upon minutes from the following Council meetings. (MD) October 12, 2010 — Town Council Meeting ORDINANCES, RESOLUTIONS, AND AGREEMENTS {l b. Consider and act upon a resolution accepting and approving the 2010 Tax Roll. (MG) FINANCIALS C. Consider and act upon the financial statements ending September30, 2010. (MG) Motioned by Councilmember Vestal, seconded by Councilmember Wilson to approye,the consent agenda. Motion approved 6-0. 1 8. Other Comments by the Public. There were no comments REGULAR AGENDA PUBLIC HEARINGS 9. A public hearing'?tc north of Prosper T Exhibit C, Chris Copple, nsid&- and act upon a request to rezone 18.Of acres, located 1,OOOf feet and 100f feet west of Preston Road, to amend Planned Development-31 tion 1.03,(E), (Front Yard). (Z10-0017). (CC) Planner, gave"council information on this item. Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Vestal to open the public hearing. Motion approved 6-0. Mayor Smith opened the public hearing at 7:06 p.m. There were no comments by the public. Motioned by Councilmember Vestal, seconded by Councilmember Benefield to close the public hearing. Motion approved 6-0. Mayor Smith closed the public hearing at 7:07 p.m. Motioned by Councilmember Vestal, seconded by Councilmember Benefield to approve item 9 as submitted. Motion approved 6-0. Page 2 of 4 10. A public hearing to consider and act upon a request to rezone 133.1f acres, located on the north side of First Street, 2,300f feet west of Custer Road, from Planned Development-9 (PD- 9) to Planned Development -Single Family (PD-SF). (Z10-0018). (CC) Chris Copple, Senior Planner, gave council background information for this item. Motioned by Deputy Mayor Pro-Tem Miller, seconded by Councilmember Vestal to open the public hearing. Motion approved 6-0. Mayor Smith opened the public hearing at 7:12 p.m. Dale Clark, property owner, answered questions for council. Dennis De Mattei, 300 Yosemite Drive, spoke in favor of the proposed rezoning. Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Vestal to close the public hearing. Motion approved 6-0. Motioned by Councilmember Vestal, seconded by Deputy Mayor Pro-Tem toPapprove the request as written. Motion approved 6-0. '1161 DEPARTMENT ITEMS 11. Consider and act upon a change or[d�er�1111. #2 to Jacob lfn' gineering, Inc. for professional design services for the Community Park. (WH) Hulon Webb, Director of Development Services gave council background information on this item. 311111111, IQfH1. fllllf�� Motioned by Mayor Pro`tTem Dugger, seconded by Councilmember�Wilson to approve change order #2 to Jacobs Engineering, Inc. in the amount of $5,500 and approve a resolution authorizing the Town Manager to execute the same. 41 Motion approved +li;ni,,. ,tyitlunl{��iIjtt��I 1t11,11, 12. Consider and act upon 1) an award of bid to Identity Management Consultants, LLC. regarding construction services for the Park Sign Improvements project. 2) adopt a resolution authorizing the Town Manager to execute the same. (WI) Hulon Webb, Direct t! of Developme t Services gave council background information on this item Motioned by Councilmember Wilson, seconded by Mayor Pro-Tem Dugger to approve the bid to the lowest responsible bidder Identity Management including add alternates #1, #2, and #4 with a 12% contingency for a total of $102,793 and adoptl1i"resolution authorizing the Town Manager to execute the same. Motion approved 5-0. 13. Discuss and receive input on the Drainage Utility System Fee Development Report. (HW) Hulon Webb, Director of Development Services gave council background information on this item. Tray Shanks, Freese Nichols, made a presentation to council. 14. Discuss and provide direction to staff regarding drainage system optional solution for Highland Meadows. (ML) Hulon Webb, Director of Development Services gave council background information on this item. Page 3 of 4 15. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Mike Land, Town Manager, stated the sex offender ordinance and Town Manager evaluation would be on the next agenda. Mayor Smith wants a discussion on council doing joint meeting with the other boards and commissions placed on the next agenda. Councilmember Miller requested a CIP update be placed on the next agenda. 16. Adjourn. Motioned by Mayor Pro-Tem Dugger, seconded by Deputy Mayor Pro-Tem Miller to adjourn. Motion approved 5-0. The menA;- ,--A . + Q.,o — — Attest: Matthey Town SE Page 4 of 4 ISPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council ENGINEERING Agenda Item No. 4b From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer CC: Mike Land, Town Manager Michael Bulla, CIP Project Manager Re: Town Council Meeting — November 9, 2010 Date: November 5, 2010 Agenda Item: Consider and act upon a resolution: 1) determining a public necessity to acquire, by purchase or condemnation, real property located at 611 Robison Creek Drive for the construction of Prosper Trail (Dallas North Tollway to Preston Road) 2) giving notice of an official determination to acquire said property for the purposes set forth herein and 3) authorizing the Town Manager of the Town of Prosper, Texas, to establish procedures for acquiring the property by purchase or condemnation. Description of Agenda Item: To facilitate the construction of Prosper Trail (Dallas North Tollway to Preston), the Town entered into discussions with the affected property owners adjacent to the project in an effort to secure easements and right-of-way (ROW) necessary to build the improvements. Staff made several attempts to secure permission for the construction of the proposed improvements at 611 Robison Creek Drive last year and was unable to reach an agreement to acquire the property. During staff review of the construction plans, it was clear that in order to fulfill the desires of the property owner to not dedicate additional ROW at 611 Robison Creek Drive, construction of a right turn lane at Robison Creek Drive would not be possible and a retaining wall constructed along the existing ROW line would be necessary. These improvements would preclude the need for the Town to acquire additional ROW from the property owner. With the recent completion of the retaining wall, a safety issue, not apparent in the construction plans, became obvious in the field to motorists trying to exit Robison Creek Drive onto Prosper Trail. By not acquiring the additional ROW and constructing the right turn lane into Robison Creek Drive, the location and height of the retaining wall created a site line visibility issue at the intersection. Motorists exiting Robison Creek Drive are unable to see eastbound traffic on Prosper Trail. Until this issue is resolved, the south side of Prosper Trail west of Robison Creek Drive cannot be opened to traffic. To alleviate the site visibility issue at Robison Creek Drive, the Town must reenter discussions with the property owner to acquire the necessary ROW, relocate the recently completed retaining wall and construct the right turn lane into Robison Creek as originally planned. This resolution gives the Town the authority to make the formal final offer and proceed with condemnation if negotiations for settlement become futile and impossible. Agenda Item No. 4b - Page 1 of 2 Budget Impact: Based on the attached appraisal, $5,676 is the property's fair cash market value for the right-of- way. The acquisition of the property will be funded from the 2008 CO Bond Funds. Legal Obligations and Review: The Resolution was reviewed by the Town Attorney. Attached Documents: The following documentation is being provided for review: Resolution 2. Appraisal Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council adopt a resolution: 1) determining a public necessity to acquire, by purchase or condemnation, real property located at 611 Robison Creek Drive for the construction of Prosper Trail (Dallas North Tollway to Preston Road) 2) giving notice of an official determination to acquire said property for the purposes set forth herein and 3) authorizing the Town Manager of the Town of Prosper, Texas, to establish procedures for acquiring the property by purchase or condemnation. Agenda Item No. 4b - Page 2 of 2 TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE BY PURCHASE OR CONDEMNATION, REAL PROPERTY LOCATED AT 611 ROBISON CREEK DRIVE FOR THE CONSTRUCTION OF PROSPER TRAIL (DALLAS NORTH TOLLWAY TO PRESTON ROAD); GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY FOR THE PURPOSES SET FORTH HEREIN; AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH PROCEDURES FOR ACQUIRING THE PROPERTY BY PURCHASE OR CONDEMNATION; MAKING OFFERS; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") investigated and determined that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition of right-of-way on the parcel of property described in Exhibit "A", attached hereto and incorporate herein for all purposes ("the Property"), and it is the Town of Prosper, Texas' ("Prosper") intent to acquire, by purchase or condemnation, the necessary right-of-way on the Property for the purpose of public facilities related to the infrastructure along Prosper Trail (the "Project"); and WHEREAS, it is necessary to establish procedures for determining the establishment and approval of just compensation for the right-of-way to be acquired for the Project; and WHEREAS, there may be improvements located on the Property acquired for this Project and such improvements may be required to be moved prior to the beginning of this Project. NOW THEREFORE, BE IT RESOLVED 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 Resolution as if fully set forth herein. SECTION 2: Acquisition of Property. The Town Council Hereby officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition of the Property, and it is Prosper's intent to acquire, by purchase or condemnation, the Property described in Exhibit "A", attached hereto, for the Project. SECTION 3: Authority of Town Manager. The Prosper Town Manager is hereby authorized to contract, on behalf of the Town Council, with professional appraiser for the appraisal services and with attorneys for the preparation of title opinions needed by Prosper from time to time in connection with acquiring the Property for the Project. The Town Council hereby ratifies any contracts entered into, prior to the effective date of this Resolution, by the Town Manager with professional appraisers for appraisal services and with attorneys for the preparation of title opinions needed for the acquisition of Property made the subject of this Resolution. SECTION 4: Determination of Just Compensation. The Town Manager, or his designee, is hereby authorized and directed to examine and rely on the independent appraisal reports, and other information, in establishing and approving the fair market value offer and the just consideration of said information, the Town Manager shall establish and approve the amount determined to be just compensation for the acquisition of the right-of-way. SECTION 5: Authority to Make an Offer. Upon establishment and approval by the Town Manager of the amount of just compensation for the acquisition of the Property, the Town Manager, or his designee, is authorized to send a written offer to the owner(s) of said Property for the acquisition of said right-of-way, at the full amount determined and established to be just compensation for the parcel, and to negotiate with said owner(s) on behalf of Prosper. SECTION 6: Authority to Execute Documents. The Town Manager be and is hereby authorized, on behalf of Prosper, to execute all documents necessary to acquire, by purchase or condemnation, the parcel needed for the Project. SECTION 7: Disposal of Improvements. The Town Manager is hereby authorized to remove such improvements, if any, located in the right-of-way acquired in connection with this Project, should they interfere with the use and enjoyment of the right-of-way. SECTION 8: Condemnation Authorized. Should the Town Manager be unable to acquire the right-of-way by purchasing same, the Town Manager is authorized to instruct the law firm of Abernathy, Roeder, Boyd, & Joplin, P.C. to commence condemnation proceedings for the acquisition of the right-of-way for the Project. SECTION 9: This Resolution shall take effect immediately from and after its passage. RESOLVED THIS the 9th day of November, 2010 Ray Smith, Mayor ATTEST TO: Matthew Denton Town Secretary APPRAISAL CONSULTATION GROUP SUMMARY AND CONCLUSIONS SUBJECT PROPERTY: PROPERTY LOCATION: PROPERTY RIGHTS APPRAISED: Dalton Tract Prosper Trail Improvements Project SWC Prosper Trail and Robison Creek Drive, known locally as 611 Robison Creek Road in Prosper, Texas Fee Simple and Pennanent Easement SITE AREA: 0.785 AC (Whole Property) Approximate 0.087 AC (Partial Acquisition) 0.698 AC (Remainder) IMPROVEMENTS -WHOLE PROPERTY: A house of 2,254 square feet, built in 1998 according to Collin Central Appraisal District records, and associated site improvements PARTIAL ACQUISITION: ZONING: HIGHEST AND BEST USE As Vacant: As Improved: VALUATION DATE: VALUE OPINION - WHOLE PROPERTY Cost Approach Sales Comparison Approach Income Approach Strip along the south side of Prosper Trail SF-12.5 (Single Family Residential District) Future residential development Existing single family use October 14, 2010 $ 100,000 N/A $ 100,000 NA DETERMINATION OF COMPENSATION: Value of Whole Property (Land Only) $ 100,000 Value of Remainder Before 94,324 Value of Remainder After 94,324 Damages 0 Value of the Area to be Acquired 5,676 Value of Improvements in the Area to be Acquired 0 Total Compensation $ 5,676 All values are subject to the Assumptions and Limiting Conditions included in this report 5644 LBJ Freeway, 2"d Floor Dallas, Texas 75240 214.342.2869 1 Ae Appraisal Consultation Group REAL ESTATE VALUATION & CONSULTATION 5644 LBJ FREEWAY SECOND FLOOR DALLAs, TExAs 75240 TELEPHONE: 214.342.2869 October 21, 2010 Michael Bulla CIP Project Manager Town of Prosper P.O. Box 307 Prosper, Texas 75078 RE: Dalton Tract, Prosper Trail Improvements Project SWC Prosper Trail and Robison Creek Drive, known locally as 611 Robison Creek Road in Prosper, Texas PURPOSE OF THE APPRAISAL: The purpose of this appraisal is to develop an opinion of the market value of the part taken and damages to the remainder, if any, of the subject property as of the report's effective date. Market Value is the price which the property would bring when it is offered for sale by one who desires to sell, but is under no obligation to sell, and is bought by one who is under no necessity of buying it, taking into consideration all of the uses to which it is reasonably adaptable and for which it either is or in all reasonable probability will become available within the reasonable future. Supreme Court of Texas, City of Austin versus Cannizzo et al, No. A-4360, March 31, 2001, 267 South Western Reporter, 2°d Series, Pake 815 INTENDED USE OF REPORT: This appraisal is intended to present to the client, the Town of Prosper the data and reasoning that the appraiser has used in forming the opinion of value. It is my understanding that the report will be used for internal decision making purposes and as an aid in the acquisition of rights from the property. INTEREST VALUE: Fee simple and permanent easement EFFECTIVE DATE OF VALUE: October 14, 2010 DATE OF REPORT: October 21, 2010 3 APPRAISAL DEVELOPMENT AND REPORTING PROCESS: In preparing this appraisal, the appraiser • inspected of the subject property and surrounding neighborhood to observe the physical condition, amenities and services available to it as of the effective date of the appraisal. Inspections took place on October 14, 2010 and other dates. The property owner did not accompany the appraiser during the inspection; • researched the market to obtain data on sales of similar properties. The time period of investigation for this assignment ranged from 2008 to the present. Sources used to collect and verify the data included the principals to the transactions (i.e., grantors, grantees) and selling and listing brokers, as well as appraisal district records; • analyzed the market data and compared the selected comparable properties with the subject to arrive at an opinion of market value. The subject is improved with a single family dwelling, concrete paving, fencing, landscaping and additional site improvements. The structural improvements are located well back from the existing roadway and will not be impacted by the proposed acquisition. The area to be acquired is located within the strip of land occupied by numerous public and franchise utilities adjacent to the south side of Prosper Trail and beyond the concrete drive. Since the existing improvements are not impacted by the proposed project, the subject property has been valued as vacant land. The Cost and Income approaches have not been relied upon in this analysis and are not presented in this report. The Sales Comparison Approach has been used in the valuation of the subject land as if vacant. The area to be acquired is located along the northern boundary of the parent tract and south side of Prosper Trail, between the concrete drive and boundary fencing. The proposed acquisition consists of an area that is approximately 16.89 feet in depth along its western boundary, widening to 19.50 feet along its eastern limit and extending 208 feet along the south side of the Prosper Trail right-of-way, containing 0.087 acre or 3,784 square feet. HISTORY OF THE SUBJECT PROPERTY: According to available data, the current owner has remained the same for the past several years. No arm's-length transfers of the property are known to have occurred within the last five years. There are no known leases, listings, contracts, options or similar agreements affecting the subject property. I previously appraised this property in September 2009 when my opinion of the market value of the parent tract (land only) was $100,000. It is noted that the owner of the subject tract also owns the adjacent 0.566-acre tract to the south, which is currently on the market with an asking price of $85,000 or $3.45 per square foot. The adjacent tract is a separate economic entity and has not been included in this analysis. 4 COMPETENCE: In accordance with the competency provision of USPAP, I have the experience and knowledge necessary to complete the appraisal competently. I have been appraising real property since June 1980. I have performed the research to become familiar with the current market conditions surrounding the subject property and the subject property itself. The general education and experience of the appraiser are outlined in his qualifications, which are contained at the end of this report. This Summary Appraisal Report is a brief recapitulation of the appraiser's data, analyses and conclusions. Supporting documentation is retained in the appraisal file. DESCRIPTION OF REAL ESTATE APPRAISED: The location of the subject property is the southwest corner of Prosper Trail and Robison Creek Drive. Topography of the site slopes gradually downward to the south, even with the adjoining tracts to the west and south, slightly above the grade of Robison Creek Road, with a gradual slope downward to the curb, and above the grade of Prosper Trail, which is separated by a masonry retaining wall. According to FEMA flood maps, the subject tract is not located in a flood hazard area and drainage appears to be adequate. A survey of the property was not provided, but based on a review of Collin CAD maps and other exhibits, the subject tract is generally rectangular in shape, with approximately 185.74 feet of frontage along the west side of Robison Creek Drive, 208 feet of frontage along the south side of Prosper Trail, and encompassing a land area of approximately 0.785 acre or 34,200 square feet. The subject site is improved with a single family dwelling, concrete paving, fencing, landscaping and additional site improvements. Ingress/egress is possible at two points from Robison Creek Drive, a dual lane concrete paved neighborhood street improved with curbs and gutters. The subject tract is zoned SF-12.5 (Single Family Residential District) for residential use by an ordinance of the Town of Prosper. The SF-12.5 District is designed to provide for the development of single family detached dwelling units on a minimum lot size of 12,500 square feet. Other uses, such as religious and educational facilities, parks, and open space will be provided to maintain a balanced, orderly, convenient and attractive residential area. Surrounding land uses include developing single family subdivisions to the west and north across Prosper Trail, with an existing single family subdivision adjacent to the south and east. HIGHEST AND BEST USE: In highest and best use analysis, an appraiser identifies the most profitable, competitive use to which a property can be utilized. According to The Appraisal of Real Estate, published by the Appraisal Institute, highest and best use may be defined as that use of vacant land or an improved property that results in the highest value and generates the greatest return to the owner. The highest and best use is that use which is physically possible, legally 61, permissible, financially feasible, and maximally productive. These criteria should be considered sequentially and conditionally; e. g., it does not matter that a use is financially feasible if it is not physically possible or legally permissible. According to a review of available data and public records, the land area of the subject tract is approximately 0.785 acre. It is accessible by way of Robison Creek Drive, with nearby land uses including new and existing single family subdivisions. The subject tract is zoned for single family use and at its size could contain multiple lots. A tract of 0.566 acre under the same ownership as the subject is adjacent to the south. Individually or combined, these two tracts would be attractive as part of the existing adjacent subdivision. However, several single family subdivisions are currently offering developed lots in the Prosper area, and based on current economic conditions and published market projections, should be capable of meeting market demand for the next several years. Considering the physical characteristics of the site, surrounding land use patterns, legal limitations and current economic conditions, the highest and best use of the subject tract as vacant is future residential development in response to market demand and in compliance with future development trends. The subject site is currently improved with a single family dwelling that was constructed in 1998, according to Collin Central Appraisal District records, with landscaping, fencing, concrete paving and additional site improvements. The improvements appear to have been adequately maintained and should continue as viable in the future. I am unaware of an alternate use that would make significant remodeling, or the demolition of the improvements to allow redevelopment economically feasible at this time. However, at some time in the future, it may become economically feasible to redevelop this acreage due to its location and zoning, which permits residential uses of significantly greater density than that which currently exists. Therefore, the highest and best use of the subject property as improved is the existing residential use, unless redevelopment becomes desirable and economically feasible. 6 AERIAL PHOTOGRAPHS OF THE SUBJECT PROPERTY Subject whole property facing southwest from Prosper Trail 11 Oblique view of the subject property from the east 8 Photographs of Subject Property, Continued Facing west along Prosper Trail Facing east along Prosper Trail Land Sale 1 Location: 680 Sundance Court, Prosper Grantor: Wells Fargo Bank NA Grantee: Dennis J. Gorman Legal Description: Lot 8, Block J, Whispering Farms #2 Date of Sale: 04/01/2010 Recorded: 20100406000324570 Site Data: Size: 1.923 Acres or 83,757 Square Feet Zoning: Single Family Utilities: Typical of the area Frontage: Sundance Court Shape: Generally rectangular Topography: Level Easements: None detrimental noted Improvements: None of value Intended Use: Investment or future development Mapsco: DA 257 K Consideration: $179,000 or $2.14/SF Financing: Cash to the seller Comments: Single family lot located in the southwest portion of the Whispering Farms subdivision, adjacent to a wooded creek. 10 ~ ` prosper z.' n Land Sale 2 Location: 1561 Gentle Way, Prosper Grantor: Romeo S. Muresan Grantee: Charles A. Romero et ux Legal Description: Lot 6, Block J, Gentle Creek Estates #3 Date of Sale: 10/15/09 Recorded: 20091027001313120 Site Data: Size: 1.1797 Acres or 51,388 Square Feet Zoning: Single Family Utilities: Typical of the area Frontage: Gentle Way Shape: Irregular Topography: Slope to the rear Easements: None detrimental noted Improvements: None of value Intended Use: Investment or future development Mapsco: DA 257 C Consideration: $155,000 or $3.02/SF Financing: Cash to the seller Comments: Single family lot located adjacent to the Gentle Creek Golf Club. 12 CftF.EI(V4p43D tN Land Sale 2. Continued 13 Land Sale 3 Location: 2460 Breezy Point Circle, Prosper Grantor: Oreo Corporation Grantee: Sean Perkins Legal Description: Lot 9, Block Q, Gentle Creek Estates #6 Date of Sale: 07/21/09 Recorded: 20090724000935900 Site Data: Size: 13,591 Square Feet Zoning: Single Family Utilities: Typical of the area Frontage: Breezy Point Circle Shape: Generally rectangular Topography: Level Easements: None detrimental noted Improvements: None of value Intended Use: Investment or future development Mapsco: DA 257 F Consideration: $42,000 or $3.09/SF Financing: Cash to the seller Comments: Single family lot located in the northeast quadrant of Prosper Trail and Coit Road. 14 Land Sale 3. Continued 15 Land Sale 4 Location: 400 Hidden Lake Drive, Prosper Grantor: Paul M. Sturkie Grantee: Aaron J. Davis et ux Legal Description: Lot 24, Block A, Steeplechase Lake of Prosper Date of Sale: 05/05/09 Recorded: 20090508000556080 Site Data: Size: 15,080 Square Feet Zoning: Single Family Utilities: Typical of the area Frontage: Hidden Lake Drive Shape: Generally rectangular Topography: Level Easements: None detrimental noted Improvements: None of value Intended Use: Investment or future development Consideration: $67,500 or $4.48/SF Mapsco: DA 257 N Financing: Cash to the seller Comments: Single family lot located north of First Street and east of Preston Road in the eastern portion of the Town of Prosper. The subdivision includes a centrally located lake. 16 17 TT ffit4DFORD OR 4n iPFUNGLOM OR ar 4M HIDDEN GLEN CY eRDO_KSIDEOR -41 V�j ol - I wjAaf , . IA .1 #I Land Sale 4, Continued 4, 17 Land Sale 5 Location: 1500 Winding Creek Road, Prosper Grantor: James A. Roark Grantee: David G. Tippett et ux Legal Description: Lot 19R, Block A, Gentle Creek Estates #1 Mapsco: DA 257 D Date of Sale: 03/05/09 Recorded: 20090313000293240 Site Data: Size: 2.126 Acres or 92,609 Square Feet Zoning: Single Family Utilities: Typical of the area Frontage: Winding Creek Road Shape: Irregular Topography: Slope to the rear Easements: Floodway and drainage easement across the rear of the lot Improvements: None of value Intended Use: Investment or future development Consideration: $205,000 or $2.21/SF Financing: Cash to the seller Comments: Single family lot located in a multi -acre home site development south of FM 1461 and east of Coit Road along the west side of the Middle Branch of Wilson Creek. 18 . � r vcr •: Land Sale 5, Continued 19 Land Sale 6 Location: 1370 Crooked Stick Drive, Prosper Grantor: First National Bank of Trenton Grantee: Harry W. Margolis et ux Legal Description: Lot 5, Block I, Gentle Creek Estates #3 Date of Sale: 12/12/08 Recorded: 20081222001438680 Site Data: Size: 32,457 Square Feet Zoning: Single Family Utilities: Typical of the area Frontage: Crooked Stick Drive Shape: Irregular Topography: Generally level Easements: None detrimental noted Improvements: None of value Intended Use: Investment or future development Consideration: $175,000 or $5.39/SF Financing: Cash to the seller Mapsco: DA 257 F Comments: Single family lot located in the northeast quadrant of Prosper Trail and Coit Road, adjacent to the Gentle Creek Golf Club. This lot overlooks the 16th hole of the golf course. The marketing time was reported to be approximately 60 days. 20 Land Sale 6, Continued �+ ; .�,1 :�x, �•'M ,,fez'• �' 213"46 ,6,S `y 1 21 j E�@2 nttp df�eaiq ni 0 0.4sri LAND VALUATION SUMMARY — WHOLE PROPERTY Sale Sale Date Size (SF) Zoning SP/SF 1 04/10 83,757 Single Family $2.14 2 10/09 51,388 Single Family $3.02 3 07/09 13,591 Single Family $3.09 4 05/09 15,080 Single Family $4.48 5 03/09 92,609 Single Family $2.21 6 12/08 32,457 Single Family $5.39 Subject Current 34,200 Single Family --- The preceding sales represent arm's-length transactions involving vacant single family lots in the Prosper area that were either purchased as a future home site or as an investment. No unusual motivation were reported on the parts of buyers or sellers in Sales 3-6 and no adjustments have been made for conditions of sale. Sale 1 was sold by a lender after foreclosure and Sale 2 was a short sale requiring lender approval of all contracts. Considering the motivations of the sellers in these transactions, a discounted price is would be expected and has been experienced historically. Therefore, upward adjustments have been made to Sales 1 and 2 in the category of "conditions of sale" to reflect the motivations of the sellers. All of the sale properties were sold on the basis of cash or cash to the sellers with third party financing. The sales have all closed since December 2008, reflecting current market conditions, and no adjustments have been made for this item of comparison. The sale lots are located in single family subdivisions that have been developed in the Town of Prosper during the past few years and are generally similar to the subject in terms of overall location. While the sale sites may vary from one another and the subject, all are considered to be generally rectangular in shape. Size and site influences are primary differences that are recognized by market participants. Sales 3 and 4 are typical single family lots considered to be similar to the subject in terms of site influences and have not been adjusted for these items, but have been adjusted downward slightly for their smaller size and the higher price per unit attributable to the difference in land area. 23 Land Valuation Summary — Whole Property Sales 1 and 5 are influenced by wooded areas along their rear property boundaries that enhance the appeal of the site and provide privacy. Both are considered to be superior to the subject due to this site influence. Upward adjustments are required for the relatively larger size of these sales compared to the subject site and the lower price per unit. Sales 2 and 6 have desirable site influences that require downward adjustments. Both of these sale lots overlook the Gentle Creek Golf Course, with premiums paid for golf course lots beyond the prices paid for other lots. The subject does not offer a similar site influence, requiring downward adjustments. An upward adjustment is made to Sale 2 to reflect its larger size. Considering its location, access, size and other site influences, and my analysis of these factors, the unit value of the subject tract is estimated to be $3.00 per square foot. 34,200 Square Feet x $3.00/SF = $102,600 Value of the Subject Whole Property by Market Comparison $100,000 24 VICINITY MAP AXOUM LAND DEVELOPMENT VOLUME 5818. PAGE 1739 D.R,C.C.T. POINT OF MICHAEL, C. PERRY AND N LEANN B. PERRY DOC, NO. 93-0104760 D.R.C.C.T. PROPOSED ACQUISITION LEGEND O.R.C.C.T. - DEED RECORDS, COWN COUNTY, TEXAS M.R,C.C.T. - MAP RECORDS, COUJN COUNTY, TEXAS O = 1/2" IRON ROD FOUND (UNLESS OTHERIMSE NOTED) • - 1/2" IRON ROD WTH A YELLOW PLASTIC CAP STAMPED 'DAA, SET' (UNLESS OTHFRVPISE NOTED) NOTE: BASIS OF BEARINGS DERIVED FROM e M w ao THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD83, NORTH CENTRAL ZONE. !sue 1;kl 0 IF 77'ry.—IM-111111 M., 111 ir!ar`Tw -ram`,.-umurrm - SADDLE CREEK INVESTiIENTS, LTD. DOCUMENT M 20081025001532680 D.R.C.C.T. T4 KARIE DALTON AND ARTHUR DALTON VOLUME 4233, PAGE 128 O.R.C.C,T. COUNTY OF COWN VOLUME 5058, PAGE 5451 D.R.C.C.T. PROSPER TRAIL (COUNTY ROAD NO. 49) (VARIABLE WIDTH RIGHT—OF—WAY) 1 2 3 PRESTON LAKES CABINET 0, SLIDE 135 M.R.C,C.T, 3,754 SQUARE FEET OR 0.087 ACRES J.R. TUNNE:Y SURVEY, ABS NO. 916 TOWN OF PROSPER, C UN , TEXAS of 7DOWDEY, ANDE WN$pi • & ASSOCUITES, INC. Sean Patton 6m 425AVGlA0*&b200 PcgT=rM Regl wcd Professional Land Swvcyor Rims97394im fai9a39114m No.5660 25 PHOTOGRAPHS OF THE AREA TO BE ACQUIRED Proposed acquisition area facing west Proposed acquisition area facing east 26 ANALYSIS OF PROPOSED ACQUISITION The proposed acquisition is located along the south side of Prosper Trail and the northern boundary of the subject whole property. It consists of a strip of land that extends across the side of the subject tract with a length of 208 feet, a depth of 16.89 feet along its western boundary and 19.50 feet along its eastern limit, and containing 0.087 acre or 3,784 square feet, according to maps provided by the client. The area to be acquired in located entirely outside the developed portion of the tract and within the strip of land situated between the driveway and right-of-way reserved for public and franchise utility easements. Easement is defined as an interest in real property that conveys use, but not ownership, of a portion of an owner's property. The number and type of easements within this narrow strip indicates that the majority of the rights normally associated with ownership have been surrendered by the property owner to the holders of the easements. Furthermore, the impacted area has little or no potential for development, limited utility and is not independently marketable. This valuation is based on the fact that the owner has retained some measure of ownership; however, his use and control of the land located within the affected area has been greatly restricted. Considering the encumbrances upon the area to be acquired, the rights retained by the owner represent an estimated 50% of the remaining rights associated with this portion of the property. Due to the unique size and shape characteristics, the proposed acquisition has no potential for independent utility separate from the whole property and its highest and best use is as part of the parent tract. Since the land of the proposed acquisition is not an economic unit, a value estimate cannot be supported by a direct comparison with comparable land sales in the market. As a result, the land portion of the proposed acquisition will be valued as a part of the whole property, which was $3.00 per square foot, adjusted for the impact of the aforementioned easements, or $1.50 per square foot ($3.00 x 50% = $1.50). The land value of the proposed acquisition is calculated as follows: PART TO BE ACQUIRED - LAND Size SF Price/SF Market Value 3,784 x $1.50 = $ 5,676 There are no known underground improvements located within the proposed acquisition area that are the property of the land owner. Ground level improvements that will be impacted by the project include a portion of the boundary fence. In accordance with instructions from the client, I have assumed that any improvements that may be impacted by the proposed project with be relocated, 27 Analysis of Proposed Acquisition Continued repaired or replaced, as needed, at no cost to the property owner. The value of the proposed right- of-way area and associated improvements can be calculated as follows: VALUE OF THE PART TAKEN Value of the Land to be Acquired $ 5,676 Value of Improvements in the Areas to be Acquired $ 0 TOTAL VALUE $ 5,676 28 VALUE OF THE REMAINDER BEFORE TAKING The market value of the remainder before taking is calculated below. Market Value of the Whole Property (Land Only) $ 100,000 Less: Market Value of the Part Taken 5,676 Market Value of the Remainder Before $ 94,324 ANALYSIS OF REMAINDER AFTER TAKING The remainder after taking consists of approximately 0.698 acre of land. The area to be acquired is located outside the developed portion of the tract and within the area reserved for easements along the Prosper Trail right-of-way. Considering the physical characteristics of the site, surrounding land use patterns and current economic conditions, the highest and best use of the property as vacant, remains the same both before and after the acquisition. This conclusion is consistent with surrounding land uses, anticipated future development on nearby properties and the current quality of the local infrastructure. The highest and best use of the property, as improved, after the project, is a continuation of the existing residential use, unless redevelopment becomes desirable or economically feasible. To value the remainder, sales were analyzed and adjustments were made to compensate for differing influences. Since the size of the subject tract after the proposed acquisition is comparable to the parent tract, the same data used in the previous Sales Comparison Approach was used in the valuation of the remainder. Therefore, the value of the remainder is no less after the project as it is prior to the acquisition, or $94,324. 29 RECAPITULATION Value of the Whole Property (Land Only) Value of the Remainder Before Value of the Remainder After Damages Value of the Area to be Acquired Value of Improvements in the Area to be Acquired Total Compensation $ 0 $ 5,676 $ 0 $ 5,676 $ 100,000 $ 94,324 $ 94,324 30 AFFIDAVIT AND CERTIFICATION OF VALUE I certify that, to the best of my knowledge and belief: • The statements of fact contained in this report are true and correct. • The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial and unbiased professional analyses, opinions, and conclusions. • I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. • I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. • My engagement in this assignment was not contingent upon delivering or reporting predetermined results. • My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. • My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. • I have made a personal inspection of the property that is the subject of this report. • No one provided significant real property appraisal assistance to the person signing this certification. • The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Appraisal Institute's Code of Professional Ethics and Standards of Professional Appraisal Practice, which include the Uniform Standards of Professional Appraisal Practice. • The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 31 Affidavit and Certification of Value Continued • As of the date of this report, I, H. W. Hutchison, have completed the continuing education program of the Appraisal Institute. • As of the date of this report, I, H. W. Hutchison, am certified by the State of Texas as a General Real Estate Appraiser. • This document was obtained from Appraisal Consultation Group and consists of "trade secrets and commercial or financial information" which is privileged and confidential and exempt from disclosure under 5 U.S.C. 552 (b) (4). Please notify Appraisal Consultation Group of any request for reproduction of this appraisal. H. W. Hutchison, MAI, SRA State Certified # TX- 1324806-G 32 QUALIFICATIONS OF H. W. Hutchison, MAI, SRA PROFESSIONAL DESIGNATIONS/CERTIFICATIONS MAI - Appraisal Institute SRA - Appraisal Institute Texas State Certified General Real Estate Appraiser TX- 1324806-G PROFESSIONAL AFFILIATIONS Texas Real Estate Broker - License No. 309259 EDUCATION Graduate of Southern Methodist University Bachelor of Business Administration, May, 1976 PROFESSIONAL EXPERIENCE 30 years experience in the analysis and preparation of appraisal reports, evaluating a variety of interests in numerous property types including single-family and multi -family, industrial, office, retail, rural, special purpose, and right-of-way Appraisal work product has been accepted and utilized for mortgage lending, estate tax planning and settlement, property exchange, corporate management decisions, and partial taking just compensation analysis by eminent domain agencies and property owners. Qualified as an expert witness in County and Federal Courts. 33 ADDENDA 34 PROPOSED ACQUISITION VARIABLE WIDTH RIGHT-OF-WAY DEDICATION BEING a tract of land located in the J.R. TUNNEY SURVEY, ABSTRACT NO.916, Town of Prosper, Collin County, Texas and being a part of a tract of land described in Deed to Karie Dalton and Arthur Dalton, recorded in Volume 4233, Page 128, Deed Records, Collin County, Texas and being more particularly described as follows: COMMENCING at a 5/8 inch iron rod found in the existing North right-of-way line of Prosper Trail (County Road No. 48), a variable width right-of-way, at the Southwest corner of a tract of land described in Deed to Saddle Creek Investments, Ltd., recorded in Document No. 20061025001532680, Deed Records, Collin County, Texas; THENCE South 00 degrees 24 minutes 07 seconds East, leaving said existing North right-of-way line, a distance of 81.11 feet to a 112 inch iron rod found in the existing South right-of-way line of said Prosper Trail at the Northwest corner of said Dalton tract, said point being the POINT OF BEGINNING of the tract of land herein described; THENCE North 89 degrees 31 minutes 24 seconds East, along said existing South right-of-way line, a distance of 208.00 feet to a 112 inch iron rod found at the Northeast corner of said Dalton tract; THENCE South 00 degrees 29 minutes 36 seconds East, leaving said existing South right-of-way line and along the East line of said Dalton tract, a distance of 19.50 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for comer in the proposed South right-of-way line of said Prosper Trail; THENCE North 89 degrees 45 minutes 29 seconds West, leaving said East line and along said proposed South right-of-way line, a distance of 207.98 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for comer in the West line of said Dalton tract; THENCE North 00 degrees 36 minutes 26 seconds West, leaving said proposed South right-of-way line and along said West line, a distance of 16.89 feet to the POINT OF BEGINNING and containing 3,784 square feet or 0.087 acres of land, more or less. M0ata\2WYW7214100kSurvev D=\jEwmentsX07114E'5Mr01/Woc Page 1 of 2 ASSUMPTIONS, LE IITING CONDITIONS & DISCLOSURES For the purpose of this appraisal, the following assumptions and limiting conditions are made a part thereof- 1. This is a Summary Appraisal Report which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, it might not include full discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraisers are not responsible for unauthorized use of this report. 2. No responsibility is assumed by the appraiser for matters of legal character. The value is reported without regard to questions of title, boundaries, encumbrances, easements and encroachments. All existing liens and encumbrances have been disregarded, and the property is appraised as though free and clear and under responsible ownership and management unless otherwise stated. 3. The valuation is reported in dollars of currency prevailing on the date of the appraisal. 4. Any sketch in this report may show approximate dimensions and is included to assist the reader in visualizing the property. Maps and exhibits found in this report are provided for reader reference purposes only. All engineering is assumed to be correct. Any plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. No guarantee as to accuracy is expressed or implied unless otherwise stated in this report. No survey has been made for the purpose of this report. 5. All information and comments pertaining to this and other properties represent the professional opinion of the appraisers formed after examination and study of the subject property. Certain information concerning market and operating data was obtained from others. This information is verified and checked, where possible, and is used in this appraisal only if it is believed to be accurate and correct. However, such data is not guaranteed. As a body, the collective data gathered as a part of the project is believed to be representative of current trends and values. Assumptions. Limiting Conditions & Disclosures. Continued 5. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. 7. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless otherwise stated in this report. 8. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party of whom it is addressed without the written consent of the appraiser, and in any event, only with proper written qualifications and only in its entirety. 9. Neither all nor any part of the contents of this report (especially conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news sales, or other media without prior written consist and approval of the appraisers. 10. The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 11. Given adequate preparation notice, the appraiser is prepared to provide testimony and to appear in court by reason of this appraisal, under separate contract, at the request of the original client. 12. This appraisal report was prepared by H. W. Hutchison, MAI, SRA, representing Appraisal Consultation Group, inspecting the subject property and providing the analysis and value conclusions and assuming responsibility to provide expert testimony if requested. 13. Also, the value is estimated under the assumption that there will be no international or domestic, political, economic, or military actions that will seriously affect real estate values throughout the country. Assumptions, Limiting Conditions & Disclosures, Continued 14. Real estate values are influenced by a large number of external factors. The data contained herein is all of the data necessary to support the value estimate. We have not knowingly withheld any pertinent facts, but we do not guarantee that we have knowledge of all factors that might influence the value of the subject. Due to rapid changes in the external factors, the value estimate is considered reliable only as of the date of the appraisal. 15. Opinions of value contained herein are estimates. There is no guarantee, written or implied, that the subject property will sell for such amounts. 16. In the event the appraisal is based upon proposed improvements, it is assumed that the improvements will be constructed in substantial conformity with plans and specification which have been furnished the appraiser, and with good materials and workmanship. It is also assumed that the proposed foundation and construction techniques are adequate for the existing sub -soil conditions. 17. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless otherwise stated in this report. 18. The appraiser's are not qualified to detect hazardous waste and /or toxic materials. Any comment by the appeasers' that might suggest the possibility of the presence of such substances should not be taken as confirmation of the presence of hazardous wastes and/or toxic materials. Such determination would require investigation by a qualified expert in the field of environmental assessment. The presence of substances such as asbestos, urea - formaldehyde foam insulation, or potentially hazardous materials may affect the value of the property. The appraiser's value estimate is predicated on the assumption that there is no such material on or in the property that is assumed for any environmental conditions, or for any expertise or engineering knowledge required to discover them. The appraiser's descriptions and resulting comments are the result of the routine observations made during the appraisal process. 19. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless otherwise stated in this report. Assumptions, Limiting Conditions & Disclosures. Continued 20. Unless otherwise stated in this report, the subject property is appraised without a specific compliance survey having been conducted to determine if the property is or is not in conformance with the requirements of the American with Disabilities Act. The presence of architectural and communications barriers that are structural in nature that would restrict access by disabled individuals may adversely affect the property's value, marketability, or utility. 21. This report was obtained from the firm of Appraisal Consultation Group and consists of "trade secrets and commercial or financial information" which is privileged and confidential and exempt from disclosure under 5 U.S.C. (b) (4). This report shall not be shown to any third party without the written consent and approval of the appraisers. Should the report be shown to a party not authorized, the client agrees to hold harmless from any liability that might arise from such unauthorized use, including reasonable attorney fees for our defense of action. VARIABLE WIDTH RIGHT-OF-WAY DEDICATION BEING a tract of land located in the J.R. TUNNEY SURVEY, ABSTRACT NO.916, Town of Prosper, Collin County, Texas and being a part of a tract of land described in Deed to Karie Dalton and Arthur Dalton, recorded in Volume 4233, Page 128, Deed Records, Collin County, Texas and being more particularly described as follows: COMMENCING at a 5/8 inch iron rod found in the existing North right-of-way line of Prosper Trail (County Road No. 48), a variable width right-of-way, at the Southwest corner of a tract of land described in Deed to Saddle Creek Investments, Ltd., recorded in Document No. 20061025001532680, Deed Records, Collin County, Texas; THENCE South 00 degrees 24 minutes 07 seconds East, leaving said existing North right-of-way line, a distance of 81.11 feet to a 1/2 inch iron rod found in the existing South right-of-way line of said Prosper Trail at the Northwest corner of said Dalton tract, said point being the POINT OF BEGINNING of the tract of land herein described; THENCE North 89 degrees 31 minutes 24 seconds East, along said existing South right-of-way line, a distance of 208.00 feet to a 1/2 inch iron rod found at the Northeast corner of said Dalton tract; THENCE South 00 degrees 29 minutes 36 seconds East, leaving said existing South right-of-way line and along the East line of said Dalton tract, a distance of 19.50 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner in the proposed South right-of-way line of said Prosper Trail; THENCE North 89 degrees 45 minutes 29 seconds West, leaving said East line and along said proposed South right-of-way line, a distance of 207.98 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner in the West line of said Dalton tract; THENCE North 00 degrees 36 minutes 26 seconds West, leaving said proposed South right-of-way line and along said West line, a distance of 16.89 feet to the POINT OF BEGINNING and containing 3,784 square feet or 0.087 acres of land, more or less. R:\Data\2007\07114\00\Survey Docs\Easements\07114ESMT01A.doc Page i of 2 VICINITY MAP NOT TO SCALE AXXIUM LAND DEVELOPMENT VOLUME 5816, PAGE 1739 D.R.C.C.T. IRFJ POINT OF IAFPJAIAlimn— MICHAEL C. PERRY AND W LEANN B. PERRY DOC. NO. 93-0104760 D.R.C.C.T. LEGEND D.R.C.C.T. = DEED RECORDS, COWN COUNTY, TEXAS M.R.C.C.T. = MAP RECORDS, COWN COUNTY, TEXAS O = 1/2" IRON ROD FOUND (UNLESS OTHERWISE NOTED) • — 1/2" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "DAA" SET" (UNLESS OTHERWISE NOTED) NOTE: BASIS OF BEARINGS DERIVED FROM a so so THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD83, NORTH CENTRAL ZONE. © 7, 0 t' TY�L'7 5717xrlm © , mi mthri'm' SADDLE CREEK INVESTMENTS, LTD. DOCUMENT NO. 20061025001532680 D.R.C.C.T. COUNTY OF COWN VOLUME 5058, PAGE 5451 D.R.C.C.T. PROSPER TRAIL T2 (COUNTY ROAD NO. 48) (VARIABLE WIDTH RIGHT—OF—WAY) T4 __ KARIE DALTON AND ARTHUR DALTON VOLUME 4233, PAGE 128 D.R.C.C.T. 2 I 3 PRESTON LAKES CABINET 0, SLIDE 135 M.R.C.C.T. VARIABLE WIDTH RIGHT—OF—WAY DEDICATION 3,784 SQUARE FEET OR 0.087 ACRES J.R. TUNNEY SURVEY, ABS NO. 916 TOWN OF PROSPER, COL UN , TEXAS DOWDEY, ANDERSON & ASSOCIATES, INC. Sean Patton S22S Vilage Creek D h4 Sloe 200 Ph%Tm 75093 Registered Professional Land Surveyor Phon VXI14W W97AWN No. 5660 10-21-2010 2 of 2 07114ESMTOIA ;ISPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council PLANNING Agenda Item No. 4c From: Chris Copple, AICP, Planning & Zoning Manager Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — November 9, 2010 Date: November 4, 2010 Agenda Item: Consider and act upon an ordinance rezoning 18.0t acres, located 1,000± feet north of Prosper Trail and 100t feet west of Preston Road, amending Planned Development-31 (PD-31), Exhibit C, Section 1.03(E) (Front Yard). (Z10-0017). Description of Agenda Item: At the October 26, 2010 meeting, the Town Council approved zoning case Z10-0017, by a vote of 6-0. 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 18.0t acres, located 1,000± feet north of Prosper Trail and 100t feet west of Preston Road, amending Planned Development-31 (PD-31), Exhibit C, Section 1.03(E) (Front Yard). Agenda Item No. 4c - Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 10- AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20 AND ORDINANCE NOS. 06-78 AND 09-060 (PLANNED DEVELOPMENT-31); REZONING A TRACT OF LAND CONSISTING OF 17.96 ACRES, MORE OR LESS, SITUATED IN THE S. RICE SURVEY, ABSTRACT NO. 787, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, IS HEREBY REZONED TO AMEND PLANNED DEVELOPMENT-31 (PD-31), EXHIBIT C, SECTION 1.03(E); 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 and Ordinance Nos. 06-78 and 09-060 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Saddle Creek Investments, LTD. ("Applicant") to rezone 17.96 acres of land, more or less, situated in the S. Rice Survey, Abstract No. 787, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findin s Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Zoning Ordinance No. 05-20 and Ordinance Nos. 06-78 and 09- 060 (Planned Development-31). Zoning Ordinance No. 05-20 and Ordinance Nos. 06-78 and 09-060 are amended as follows: The zoning designation of the below -described property containing 17.96 acres of land, more or less, situated in the S. Rice Survey, Abstract No. 787, in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development-31 (PD-31). 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 the planned development standards, attached hereto as Exhibit "C' ; 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 Ordinance Nos. 06-78 and 09-060, and 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 9TH DAY OF NOVEMBER, 2010. APPROVED AS TO FORM: Ray Smith, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary DATE OF PUBLICATION- , Dallas Morning News am lES1Etla NIIC.ei - luP RAaImA caw mlxn, Taus aAGGi - eEm /FCpOS Oa1N COIxiY. 1F3AT OBG ND. - BOC1NdT MUHr . 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Pm+k .m •le.a.e . Cpxtt 0 oal1N SR1114 506y.PAai s.el 1 -----'---'---- --� -- PROSPER TRAIL I NOYEq (FOUR LANE DIVIDED TIOROUGHFARE) _ 1. 7TE Ti01LOUC1IFARE AlK9YEN7(S9 SSHOW _ _'___.�.. 71Iw0Nx _--_ ON THIS DOW ARE FOR NOTTSE r —i PURPOSES ONLY AND DOES NOT SET THE -` _—_ _ �__- __ ALIGNMENT. THE ALIGNMENT 1S OETERUM AT I TTRUE OF FINAL PLAT. ZONFO:THE Si -to 2. 6R SE FAMILY LOTS DEVE10LOPED SINGLE\ PD-31 STANDARD& PACKSADDLE TRAIL ' 1e 17 LOi 3. — A eAbaE a¢Ex apmaAL )(IG X0. 1WMoe0301o0aax YRGG7. NIURE IAIG VEL AC1AL Za1M!a Pf-JI-aD.I Oe-]e GRAPHIC SCALE DOc Xo. molnaltb9msnso WICGT. NlUla TAM — RETAIL ZBNFa -J1- j p-7e IY1211, PAY ... _.-oAGGT. _ r. A i III FA�p7fNT I slO 7M , i I i an.•i. 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YqH P.Mp e O 1 ba mW a m awa. m mMwle m ..eaa.. a tom el Ja0.0a rn s I ..mla vet m.eo MI: a s o N ea'm ..fie b 1M dot m as eYlmw a 12265 M I noAE Nap ro a.Pe. m eFuW oe ..pone. cat . alamn a e20.W a.1 to a pall M. rvv F a. evnnm M el D,. paw V I rranWnM Seal. (Yrk Tract m dC Tree! 2 $ 1MflIQ 9aM p a.pw. y mSnW J3 rcmb Ent. MU ale mm,m A+.. a el.taa a )SP.00 M< b IM PoNi ? eEQPDVO ae oailrhYp I7.116 ev.a of kn6 man a la � Eq Sa P.11a -rS- Mt® M•�ffYW Yx4.I.N IM snna EXHIBIT -A- 56 L07Sr-17.96 ACRES ZONING CASE NO. Z10-0017 ZONING EXHIBIT SADDLE CREEK PHASE ONE LOTS 12-20, BLOCK E LOTS 1-20, BLOCK F LOTS 1-18, BLOCK G l LOTS 1-9, BLOCK H AN ADDI TO THE TORN OF PROSPER S. RICE SURVEY - ABSTRACT NO. 707 COWN COUNTY. TEXAS SEPTEMBER 22, 2D10 SCALE: 1'-1DO' DE OPEN SADDLE CREEK NI 7T@I'ITS, LM 1730D DALLAS PARKWAY, MITE 3110 872-931-9595 DALLAS. TEXAS 75248 ENGINEER/SURVEYOR DOWDEY, ANDDISON L ASSOUA'16, ING 9D DlY lY�e�1� f]Wiex EXHIBIT "A" LEGAL DESCRIPTION BEING a tract of land located in the S. RICE SURVEY, ABSTRACT NO.787, Town of Prosper, Collin County, Texas and being part of a tract of land described in Saddle Creek Phase One, recorded in Cabinet 2008, Slide 52, Map Records, Collin County, Texas and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod with a yellow plastic cap stamped "RPLS 4613" found in the West line of State Highway No. 289 (Preston Road), a variable width right-of-way, at the Northeast corner of said Saddle Creek tract and the most Easterly Southeast corner of a tract of land described as Tract 2 in Deed to Shaddock Developers, Ltd., recorded in Volume 5826, Page 13, Deed Records, Collin County, Texas; THENCE North 89 degrees 33 minutes 52 seconds West, with the common line of said Saddle Creek tract and said Tract 2, a distance of 118.83 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for the POINT OF BEGINNING of the herein described tract of land; THENCE South 00 degrees 26 minutes 08 seconds West, leaving said common line, a distance of 165.00 feet to a point for a corner; THENCE North 89 degrees 33 minutes 52 seconds West, a distance of 5.00 feet to a point for a corner; THENCE South 00 degrees 26 minutes 08 seconds West, a distance of 330.00 feet to a point for a corner; THENCE South 89 degrees 33 minutes 52 seconds East, a distance of 30.98 feet to a point for a corner; THENCE South 00 degrees 26 minutes 08 seconds West, a distance of 165.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner; THENCE North 89 degrees 33 minutes 52 seconds West a distance of 570.53 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner; THENCE South 00 degrees 26 minutes 08 seconds West, a distance of 904.82 feet to a point for a corner; THENCE North 89 degrees 33 minutes 52 seconds West, a distance of 130.08 feet to a point for a corner; THENCE North 34 degrees 33 minutes 42 seconds West, a distance of 112.09 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner; RAData\2006\06037\0 I \Survey Docs\06037DESC-17.96AC.doc I of 2 THENCE North 89 degrees 33 minutes 52 seconds West, a distance of 135.63 feet to a point for a corner; THENCE North 00 degrees 26 minutes 08 seconds East, a distance of 793.00 feet to a point for a corner; THENCE South 89 degrees 33 minutes 52 seconds East, a distance of 154.54 feet to a point for a corner at the beginning of a non -tangent curve to the left having a central angle of 8 degrees 15 minutes 03 seconds, a radius of 300.00 feet and a chord bearing and distance of North 18 degrees 51 minutes 49 seconds West, 43.16 feet; Northwesterly, with said curve to the left, an arc distance of 43.20 feet to a point for a corner at the beginning of a curve to the right having a central angle of 23 degrees 25 minutes 28 seconds, a radius of 300.00 feet and a chord bearing and distance of North 11 degrees 16 minutes 36 seconds West, 121.80 feet; Northwesterly, with said curve to the right, an arc distance of 122.65 feet to a point for a corner; THENCE North 00 degrees 26 minutes 08 seconds East, a distance of 520.00 feet to a point for a corner in the common line of the above mentioned Saddle Creek Tract and said Tract 2; THENCE South 89 degrees 33 minutes 52 seconds East, with said common line, a distance of 759.00 feet to the POINT OF BEGINNING and containing 17.96 acres of land, more or less. RAData\2006\06037\0 I \Survey Docs\06037DESC-17.96AC.doc 2 of 2 Exhibit C Saddle Creek Phase One; Block E Lots 12 — 20; Block F Lots 1— 20; Block G Lots 1-18; Block H Lots 1- 9 of Planned Development — 31 Amendment Planned Development District Standards Except as otherwise set forth in these development standards, the property, as described in Exhibit A, shall develop under Ordinance No 06-78 and No. 09-060, as adopted by the Town of Prosper Town Council on June 13, 2006; May 26, 2009. 1.03 E. Front Yard: The minimum depth of the front yard shall be 30' and staggered per the zoning ordinance 05-20 , Chapter 4, Section 9.3 (F) The minimum front yard in single-family and two-family Zoning Districts may be reduced by ten (10) feet in the following circumstances. In no case shall the reduction cause the minimum front yard to be less than fifteen (15) feet. 1. For an inside or outside swing -in garage provided the wall of the garage that faces the street contains a glass pane window with a minimum size of three (3) feet by five (5) feet and the height of the garage does not exceed one (1) story; or 2. For a non -enclosed porch, stoop, or balcony, or an architectural feature, such as bay window without floor area or chimney; or 3. For a non -enclosed porch and the main structure provided: a. the height of the main structure does not exceed one (1) story; b. the porch has a minimum dimension of five (5) feet in depth measured from stud to the front edge of the porch floor, and a minimum dimension of five (5) feet in width; and c. the minimum front yard for a front entry garage is thirty-five (35) feet. riSPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council PLANNING Agenda Item No. 4d From: Chris Copple, AICP, Planning & Zoning Manager Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — November 9, 2010 Date: November 4, 2010 Agenda Item: Consider and act upon an ordinance rezoning 133.1t acres, located on the north side of First Street, 2,300t feet west of Custer Road, from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF). (Z10-0018). Description of Agenda Item: At the October 26, 2010 meeting, the Town Council approved zoning case Z10-0018, by a vote of 6-0. 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 133.1 t acres, located on the north side of First Street, 2,300t feet west of Custer Road, from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF). Agenda Item No. 4d - Page 7 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 10- AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20 AND ORDINANCE NO. 06-127; REZONING A TRACT OF LAND CONSISTING OF 133.101 ACRES, MORE OR LESS, SITUATED IN THE LARKIN MCCARTY SURVEY, ABSTRACT NO. 600, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT-9- SINGLE FAMILY (PD-9-SF) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT -SINGLE FAMILY (PD-SF); 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 and Ordinance No. 06-127 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from HRC Ranch, LTD. ("Applicant") to rezone 133.101 acres of land, more or less, situated in the Larkin McCarty Survey, Abstract No. 600, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Zoning Ordinance No. 05-20 and Ordinance No 06-127 Zoning Ordinance No. 05-20 and Ordinance No. 06-127 is amended as follows: The zoning designation of the below -described property containing 133.101 acres of land, more or less, situated in the Larkin McCarty Survey, Abstract No. 600, in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development -Single Family (PD-SF). 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) the concept plan, attached hereto as Exhibit "D"; 4) the phasing plan, attached hereto as Exhibit "E"; and 5) the temporary signage exhibit, attached hereto as Exhibit "F"; 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 9TH DAY OF NOVEMBER, 2010. APPROVED AS TO FORM: Ray Smith, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary DATE OF PUBLICATION. , Dallas Morning News rUN • l�r.way�a YW 1...1.. Y M Tyw�lyM heb�, hip {y��y .a N1 r b. l�M EMI Y e �.W gpM��0..0 b IIIC IM1M LYE AIM Ii6M Miw. 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APPLICANT 16DOYo�e, T_ 7� SA. 210 (m)931-667t ,8 PARTNERS W— PLAMM/SURVEYOVENOM pg 18301 Q.— DrN% SLlte 200 6 (872)218-7876 } Adds Tam 75DM Sumurr R 20. 2olo Short Lc! 1 LEGAL DESCRIPTION BEING a parcel of land located in the Town of Prosper, Collin County, Texas a part of the Larkin McCarty Survey, Abstract No. 600, and being a part of a called 198.86 acre tract of land described in a special warranty deed to HRC Ranch, Ltd. as recorded in Volume 4911, Page 2695, Deed Records Collin County, Texas, and being further described as follows: BEGINNING at the southwest corner of Whitley Place, Phase 1, an addition to the Town of Prosper as recorded in Cabinet 2008, Page 226, Map Records Collin County, Texas, being in the south line of said 198.86 acre tract of land, and being in the north right-of- way line of County Road No. 79; THENCE along the south line of said 198.86 acre tract of land as follows: South 89 degrees 41 minutes 31 seconds West, 1366.38 feet to a point for corner; South 85 degrees 50 minutes 45 seconds West, 715.46 feet to a point for corner; South 01 degrees 49 minutes 13 seconds West, 86.82 feet to a point for corner; South 89 degrees 01 minutes 13 seconds West, 362.16 feet to a point for corner; South 89 degrees 01 minutes 13 seconds West, 508.81 feet to the southwest corner of said 198.86 acre tract of land; THENCE North 00 degrees 22 minutes 56 seconds West, 2053.17 feet to the northwest corner of said 198.86 acre tract of land and being in Naugle Creek; THENCE along the north line of said 198.86 acre tract of land and along the meanders of Naugle Creek as follows: North 58 degrees 09 minutes 26 seconds East, 263.00 feet to a point for corner; South 73 degrees 06 minutes 08 seconds East, 145.00 feet to a point for corner; South 80 degrees 54 minutes 52 seconds East, 300.00 feet to a point for corner; South 68 degrees 05 minutes 19 seconds East, 254.00 feet to a point for corner; North 88 degrees 14 minutes 21 seconds East, 137.50 feet to a point for corner; North 59 degrees 18 minutes 21 seconds East, 150.60 feet to a point for corner; North 86 degrees 46 minutes 41 seconds East, 90.80 feet to a point for corner; North 58 degrees 43 minutes 34 seconds East, 177.80 feet to a point for corner; South 78 degrees 01 minutes 04 seconds East, 52.20 feet to a point for corner; South 44 degrees 44 minutes 52 seconds East, 107.70 feet to a point for corner; North 85 degrees 27 minutes 19 seconds East, 47.00 feet to a point for corner; North 52 degrees 35 minutes 57 seconds East, 226.60 feet to a point for corner; North 85 degrees 58 minutes 18 seconds East, 315.03 feet to a point for corner; North 57 degrees 02 minutes 11 seconds East, 123.50 feet to a point for corner; North 23 degrees 31 minutes 36 seconds East, 117.00 feet to a point for corner; North 59 degrees 35 minutes 46 seconds East, 98.00 feet to a point for corner; North 82 degrees 00 minutes 06 seconds East, 114.00 feet to a point for corner; South 74 degrees 17 minutes 11 seconds East, 155.50 feet to a point for corner; North 44 degrees 13 minutes 40 seconds East, 141.00 feet to a point for corner; North 72 degrees 19 minutes 58 seconds East, 83.00 feet to a point for corner; South 33 degrees 55 minutes 54 seconds East, 149.00 feet to a point for corner; North 82 degrees 42 minutes 21 seconds East, 46.00 feet to a point for corner; North 52 degrees 23 minutes 08 seconds East, 35.00 feet to a point in the westerly line of said Whitley Place, Phase 1; THENCE along the westerly line of said Whitley Place, Phase 1 as follows: South 07 degrees 46 minutes 02 seconds West, 341.10 feet to a point for corner; South 82 degrees 12 minutes 56 seconds East, 51.86 feet to a point for corner; Southeasterly, 38.13 feet along a curve to the left having a central angle of 03 degrees 58 minutes 19 seconds, a radius of 550.00 feet, a tangent of 19.07 feet, and whose chord bears South 84 degrees 12 minutes 06 seconds East, 38.12 feet to a point for corner; South 86 degrees 11 minutes 15 seconds East, 217.63 feet to a point for corner; Southeasterly, 25.47 feet along a curve to the right having a central angle of 04 degrees 51 minutes 52 seconds, a radius of 300.00 feet, a tangent of 12.74 feet, and whose chord bears South 83 degrees 45 minutes 19 seconds East, 25.46 feet to a point for corner; South 20 degrees 43 minutes 23 seconds West, 143.98 feet to a point for corner; South 26 degrees 31 minutes 15 seconds West, 112.27 feet to a point for corner; South 38 degrees 26 minutes 56 seconds West, 144.36 feet to a point for corner; South 53 degrees 19 minutes 39 seconds West, 112.81 feet to a point for corner; South 57 degrees 26 minutes 19 seconds West, 199.70 feet to a point for corner; South 40 degrees 02 minutes 47 seconds West, 447.00 feet to a point for corner; South 28 degrees 49 minutes 43 seconds West, 67.63 feet to a point for corner; South 19 degrees 33 minutes 22 seconds West, 97.63 feet to a point for corner; South 11 degrees 27 minutes 29 seconds West, 25.63 feet to a point for corner; Southwesterly, 7.58 feet along a curve to the left having a central angle of 00 degrees 23 minutes 28 seconds, a radius of 1110.00 feet, a tangent of 3.79 feet, and whose chord bears South 86 degrees 26 minutes 52 seconds West, 7.58 feet to a point for corner; South 02 degrees 14 minutes 19 seconds East, 79.37 feet to a point for corner; South 09 degrees 57 minutes 08 seconds East, 91.70 feet to a point for corner; South 19 degrees 17 minutes 50 seconds East, 113.29 feet to a point for corner; South 26 degrees 33 minutes 10 seconds East, 64.61 feet to a point for corner; South 44 degrees 27 minutes 16 seconds East, 178.01 feet to a point for corner; South 51 degrees 41 minutes 47 seconds East, 90.00 feet to a point for corner; South 53 degrees 34 minutes 13 seconds East, 84.49 feet to a point for corner; North 69 degrees 55 minutes 13 seconds East, 91.45 feet to a point for corner; North 89 degrees 42 minutes 30 seconds East, 90.03 feet to a point for corner; South 04 degrees 53 minutes 03 seconds East, 136.36 feet to a point for corner; Southeasterly, 120.70 feet along a curve to the right having a central angle of 138 degrees 19 minutes 00 seconds, a radius of 50.00 feet, a tangent of 131.34 feet, and whose chord bears South 25 degrees 40 minutes 43 seconds East, 93.46 feet to a point for corner; South 46 degrees 32 minutes 51 seconds East, 22.31 feet to a point for corner; South 00 degrees 18 minutes 03 seconds East, 149.95 feet to the POINT OF BEGINNING and containing 5,797,870 square feet or 133.101 acres of land. "This document was prepared under 22 TAC 663.23, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." Dan B. Ramsey, 7/- No. 4172 June 25, 2010 EXHIBIT B FOR Z10-0018 STATEMENT OF INTENT AND PURPOSE The purpose of this planned development is to create an opportunity to provide a sustainable housing market for the Whitley Place Community. The proposed development criteria will allow for Whitley Place to develop as a multi -generational community. This in turn will have a positive impact on the long term sustainability of the community. Since the goal is for long term sustainability, the high quality atmosphere already established with the first phase of Whitley Place will continue in future phases by carrying on the thematic design expressed in the community's common areas, public corridors and entryways, as well the buffers along major abutting roads. With an eye to the environment, additional wooded open space, which will be maintained by the Whitley Place Homeowners Association, will also be set aside. Also, so as not to overburden the town's infrastructure, police and fire services, as well as the Prosper ISD, the number of homes to be built with the addition of this planned development is virtually the same as what was approved in the original Whitley Place planned development. SEvr 29, 2010 EXHIBIT C FOR Z10-0018 133.10 AcREs (GROSS) PLANNED DEVELOPMENT STANDARDS 1.0 Planned Development District — Single Family Residential 1.01 Development Pattern and Standards: The property shall generally develop in accordance with Exhibit D. A. Lots located in Area "A" as identified on Exhibit D shall be developed in accordance with the Single Family-15 District as outlined in the Town of Prosper Zoning Ordinance, as it exists or may be amended, unless identified below. B. Lots located in Area `B" as identified on Exhibit D shall be developed in accordance with the Single Family-12.5 District as outlined in the Town of Prosper Zoning Ordinance, as it exists or may be amended, unless identified below. C. Lots located in Area "C" as identified on Exhibit D shall be developed in accordance with the Single Family-10 District as outlined in the Town of Prosper Zoning Ordinance, as it exists or may be amended, unless identified below. 1.02 Number of Lots: The maximum number of single-family residential lots within the proposed development shall not exceed 250. The breakdown of lot sizes shall be as follows: A. Area A: 15,000 Square Foot Lots: 35 Lots Minimum B. Area B: 12,500 Square Foot Lots: 54 Lots Maximum C. Area C: 10,000 Square Foot Lots: 161 Lots Maximum. 1.03 Setbacks 1.03.1 Minimum Front Yard: The staggering of front yard setbacks, as required in Section 9.3(F) of the Prosper Zoning Ordinance, shall be at the discretion of the home builder and shall not be required. The minimum front yard shall be as follows. A. Area A: 30' B. Area B: 25' C. Area C: 25' 1.03.2 Minimum Side Yard: A. Area A: 10' 15' on corner adjacent to side street B. Area B: 10' 15' on corner adjacent to side street C. Area C: 8', 15' on corner adjacent to side street. 1.03.3 Minimum Rear Yard: 20'. 1.04 Minimum Lot Area: A. Area A: 15,000 square feet NOV 5, 2010 PAGE I B. Area B: 12,500 square feet C. Area C: 10,000 square feet. 1.05 Minimum Lot Width at Front Building Line: A. Area A: 90' B. Area B: 80' C. Area C: 80'. 1.06 Minimum Lot Depth: A. Area A: 120' B. Area B: 120' C. Area C: 120'. 1.07 Minimum Dwelling Area: A. Area A: 2,300 square feet B. Area B: 2,200 square feet C. Area C: 2,200 square feet 1.08 Maximum Height: Buildings shall be a maximum of 2 %2 stories, not to exceed 40' in height. 1.09 Maximum Lot Coverage: A. Area A: 45% B. Area B: 45% C. Area C: 50%. 1.10 Required Parking: A minimum of 4 off-street, concrete parking spaces shall be provided for each residential unit. As part of the parking requirement, at least 2 of the off-street parking spaces shall be in an enclosed garage. Garage doors shall be located on or behind the applicable setback line for the residential unit. Detached, stand-alone carports shall be prohibited. The parking of motor homes, boats, and/or trailers on a lot facing a street or on a street, is prohibited. 1.11 Mechanical Equipment: All mechanical equipment (pool, air conditioning, etc.) shall be completely screened from public view. A combination of hedges or walls should be used to screen equipment or mechanical areas. 1.12 Mailboxes: The property will be deed restricted to require a standard mailbox design that will be constructed with each home or structure and maintained by the property owner or HOA for a consistent look throughout the development. Each mailbox will be iron, wrought -iron, or cast alloy posts or stand and all mailboxes will match in color and style with those built in the Whitley Place community. Brick mailboxes shall be prohibited. 1.13 Fencing: All lots adjacent to parks and open spaces designated on Exhibit D shall be restricted to ornamental metal fencing. All wood fencing shall be a minimum of NOV 5, 2010 PAGE 2 stained/sealed board on board with metal posts. Screening as required in Section 10.13.5 of the Prosper Subdivision Ordinance shall not be required for that portion of the development which backs to East First Street, west of Whitley Place Drive. 2.0 General Conditions 2.01 A minimum of 23 acres of HOA owned and maintained common open space area shall be provided within this development. 2.02 The hike and bike trail located within the T.P. & L Easement and a playground with a shade structure shall be constructed with the contiguous phase. The playground shall not be constructed later than in conjunction with Phase 3 of the development. 2.03 Lots backing to the existing First Street shall be prohibited from accessing First Street. In addition, an 8' high stained/sealed board on board wooden fence with metal posts shall be provided where those lots back to the existing First Street. 2.04 Parks, Trails, and Open Space: The parks and trails for this development shall be provided for and maintained in accordance with the approved Development Agreement for the Whitley Place development. Any existing credits from any phase of the Whitley Place development may be used throughout the development, including the phases covered by this planned development. 2.05 Neighborhood Identification, Community Enhancements and Buffering: A neighborhood identification feature and community enhancements shall be provided in the general location as shown on Exhibit D. The identification feature shall be of a similar design and use similar materials to those used for such features for the Whitley Place community. The identification feature design shall be generally consistent with the Neighborhood Identification Detail shown on Exhibit D. In order to create a cohesive theme for the outward appearance of the community, community enhancements and buffering shall be of a similar design and use similar building and plant materials as those provided for in the Whitley Place Community. 2.06 Homeowner's Association: Each lot shall be a member of the Whitley Place Homeowner's Association. 2.07 Sidewalks: 5' wide sidewalks shall be constructed adjacent to streets within the development. 2.08 Signage: Temporary signage shall be allowed, after being permitted by the Town, within the boundary of the planned development to direct traffic and announce future phases of development. Said signs shall be monument signs with a stone base and shall be consistent with the design depicted on Exhibit F. Said signs shall not be larger than 80 square feet. NOV 5, 2010 PAGE 3 A maximum of 4 signs may be located within the development, the location of which shall be limited to HOA lots and/or unbuilt upon single family lots. The signs shall be removed when 90% of the lots within the development have received Certificates of Occupancy from the Town. 2.09 Street Openings to Adjoining Properties: The number and location of street openings as depicted on Exhibit "D" shall be deemed to meet the requirements established in Subsection 10.2.19 of the Prosper Subdivision Ordinance. NOV 5, 2010 PAGE 4 GRAPHIC SCALE 6 p 14 W PATtOW LOCATION Tx .M N. 527SOIrE 969Y NEIGHBORHOOD IDENTIFICATION DETAIL .4 AF� romlcAiwrc u AOKs pa I= �IoW x x W �2cM Z 'r 2Z W ��j V MM S2J7. �WXI T I a" 'MM. L4 �1'13*W Toro ma Lors (MID AMM 072VIr. I-V U, U2 LOT DATA W 1 AF 3 L14 U. U. U7 15= 36FT. u M Jr U. :2,— W Tat rmk M w =.W Nras (l.n xms/ACFX) ZlD-0018 DHSIT "D' WNTLEY PLACE - WEST 131ACM OUT OF THE LAFM Me-MM1M SUR%SY ASMACTBNM 500 TOM OF PROM-M CMIM OMM TDM HK RAWK OD. I OWNER4WLTVSuro 107 T=712CC "a VDfTuLM. APPLICANT 15DOS00M Tr.0, K 210 (972)W-M71 Tqt 48M S, LEV= A7 M 6 rMK Fl 7.- PLANNERYURVEYORANGMEER 16 ONwux Orr^ 200 B (9n)245-IM A*Ir T— 750M SUIUMM SEPTEWBER 20. 2MO GRAPHIC SCALE LOCATION MAP xis i0p .�ona,urriiJii -. 6 / aim. ISS._�'. � `. •. 1•'�� . �`' ' ' ►l11111 11�11�� s p- r'Y' o �• �1r"i� i��7�4 � :�,� -•gun•• ��„�� 1 i,+zj� ��1��i4Jf 113�11 S n,l fi/�.�fi� •. 4. "4 /� �j d a'". - NEIGHBORHOOD IDENTFlCA11ON DETAIL SCALD ♦ 8 �1 i INo .a.A mm ACRES ACRES 9$ PARK DENCAMM 2.5 ACRES PER ANImExt 2Dn0 OF S„E ex 21 51 . LIR AREA 'A• I5.000 sm (1ms 00• x ,w M.) JS (2I.TJ AOIIS) _` /: • a LI AREA 'B•,2, Sort. (( eR x,W M. s. LOIS ssn nam) _ `( u MRA C' 10,000 SWT !D' x ,a• M. ,n La,s (43.04 ACES) u IM2rrorrL 2w Lors pu,o AaREs) i u Le L1 PARK/tM SPACE, enact AnP3 '20ox OF 00YI1M,Y LOT DATA OTHER ft A N PD-S SNR[T RACE SON TOTAL \ , q1 ue ftw xwae EOir. a a ,e,aoo SOXI. sz Ss er Lis aeell -• _ i I - i j - LEU MCCO 5 .. 10 1. Sa/ tl . •� •'Y• ;� ° An L1NN1£ MAL Son 2S0 sse ..� xD. OELrA RADeu,Enx TAxOpT MOT T aaRo - a a s2LeACRES p.'ro tmS/ACP� ` -_• n i CRO mw -AREA CA1MA, FOR OM sIACE LOTS ARE AAPIEN m ,NR / -: ,- Y"•- �'} a EXHINT 'E' - PHASING 1 WHIILEY PLACE — WEST ,u,o, ACRES 0" OF INE LARM MRCARIY SIR *Y, AWMACT NC, 000 TM OF PROSPM CMIM O"W TEAS WC RANCK VD. OYNGR $ . �• Delos. eeot Ln,TbNsw sx1aT ,n75Y11RootR. pp Knollnm• r 2110 (APPLICANT 16250 `` ODo ,qr fE1 M YlEMi1R. TR AIYNb,i n Donee. Texas AB . 1 LE®Di LRSBYe6s .r trE a fNAL ,rAr.• 1 ,� \ — / •`• �� x aoralwxlxN AxxAT eSLL SEW eHx ,BI PAR7NM INC. PWNNER/SURVEYOR)OIGNNEFJZR ,� x,a, rA,ear Dn,RLn,.ti wARAr,. 1•SOl Ouor,xn Orlw. SR. TOD B (q�2�7MMM ` Addh T— 750M / SUBMrrTM SEPTEMBER 206 2MO Shea! 1 M 1 Z10-0018 SEP 29, 2010 EXHIBIT "F 9 WHITLEY PLACE -WEST AXDFOR MUMATE DEVSDPMM isao, aurn OR. Me SUITE �orv. zoo aorx 75001 'r`�' IOSPER WN OF Prosper is a place where everyone matters. To: Mayor and Town Council ENGINEERING Agenda Item No. 4e From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer CC: Mike Land, Town Manager Michael Bulla, CIP Project Manager Re: Town Council Meeting — November 9, 2010 Date: November 5, 2010 Agenda Item: Consider and act upon 1) an Agreement to Contribute Funds -Local Government between the State of Texas, acting through the Texas Department of Transportation, and the Town of Prosper, Texas for the acquisition of all necessary right of way and adjustment of utilities for State Highway 289 between US 380 and FM 1461 and 2) adopt a resolution authorizing the Town Manager to execute the same. Description of Agenda Item: In order for the Texas Department of Transportation to construct SH 289 from US 380 to FM 1461, the State will soon begin acquiring the necessary right-of-way and adjusting existing utilities to prepare for the widening of the roadway. In accordance with State funding participation, defined in Title 43 of the Texas Administrative Code, the Town of Prosper is required to provide a local match equal to ten percent (10%) of the estimated $3,000,000 total cost of the right-of-way to be acquired by the State. The agreement attached is a standard State agreement that obligates the Town to participate in the funding of the right-of-way acquisition. In coordination with this agreement, the Texas Department of Transportation is allowing Town staff to identify certain required right-of-way parcels that the Town will acquire directly from the property owners. Once the Town has acquired the parcels in fee simple to the Town, it will then donate the property to the State for their use as right-of-way for the project. In exchange for the Town's property donation to the State, the State will appraisal the donation and pay the Town the appraised value of the property. These payment(s) from the State can then be used to offset the required local match being paid by the Town of Prosper to the State. Agenda Item No. 4e - Page 1 of 2 Budget Impact: In accordance with the attached agreement, the Town of Prosper is obligated to provide to the State with $300,000 on the following schedule: • $150,000 with 30 days of Contract Execution • $150,000 within 365 days of First Payment Legal Obligations and Review: The agreement is a standard agreement prepared by the Texas Department of Transportation. Attached Documents: 1. Agreement to Contribute Funds — Local Government 2. Resolution Board. Committee and/or Staff Recommendation: Town staff recommends that the Town Council: 1) approve an Agreement to Contribute Funds - Local Government between the State of Texas, acting through the Texas Department of Transportation, and the Town of Prosper, Texas for the acquisition of all necessary right of way and adjustment of utilities for State Highway 289 between US 380 and FM 1461 and 2) adopt a resolution authorizing the Town Manager to execute the same. Agenda Item No. 4e - Page 2 of 2 TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN AGREEMENT TO CONTRIBUTE FUNDS -LOCAL GOVERNMENT BETWEEN THE STATE OF TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, AND THE TOWN OF PROSPER, TEXAS FOR THE ACQUISITION OF ALL NECESSARY RIGHT OF WAY AND ADJUSTMENT OF UTILITIES FOR STATE HIGHWAY 289 BETWEEN US 380 AND FM 1461. 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 Agreement to Contribute Funds -Local Government between the State of Texas, acting through the Texas Department of Transportation, and the Town of Prosper, Texas for the acquisition of all necessary right of way and adjustment of utilities for State Highway 289 between US 380 and FM 1461, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 9t' day of November, 2010. Ray Smith, Mayor ATTEST TO: Matthew D. Denton, Town Secretary rnro,.rrm Forth ROW-RM-129 Replaces Forth ROW-RM-129 and ROW-RM-130 (Rev. 6/2006) GSD-EPC Page 1 of 2 AGREEMENT TO CONTRIBUTE FUNDS - LOCAL GOVERNMENT County: Collin Federal Project No: ROW CSJ No: 0091-04-057 District: Dallas Highway: SH 289 This Agreement by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and the Town of Prosper, Collin County, Texas, acting by and through its duly authorized officials pursuant to an Ordinance or Order dated the day of , , hereinafter called the Local Government, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State and the Local Government hereby agree to enter into a contractual agreement to acquire right of way and adjust utilities for a highway project on Highway No. SH 289 with the following project limits: From: US 380 To: North of FM 1461, and WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all necessary right of way and adjustment of utilities for said highway project; and WHEREAS, the Local Government desires to voluntarily contribute to the State funding participation as defined in 43 TAC, §15.55 for the cost of acquiring said right of way and relocating or adjusting utilities for the proper improvement of the State Highway System; NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, the Local Government shall contribute to the State an amount equal to ten percent (10%) of the cost of the right of way to be acquired by the State and shall transmit to the State with the return of this agreement, duly executed by the Local Government, a warrant or check in the amount of three hundred thousand Dollars ($ 300,000 ), which represents ten percent (10%) of three million Dollars ($ 3,000,000), the estimated total cost of the right of way, in accordance with the following schedule: One Hundred Fifty Thousand Dollars within 30 days of Contract Execution One Hundred Fifty Thousand Dollars within 365 days of First Payment If however, it is found that this amount is insufficient to pay the Local Government's obligation, then the Local Government will within thirty (30) days after receipt of a written request from the State for additional funds, transmit to the State such supplemental amount as is requested. The cost of providing such right of way acquired by the State shall mean the total value of compensation paid, either through negotiations or eminent domain proceedings, to the owners for their property interests, plus costs related to the relocation, removal or adjustment of eligible utilities. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a warrant or check made payable to the "Texas Department of Transportation Trust Fund." The warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to this highway project. Upon completion of the highway project and in the event the total amount as paid by the Local Government is more than ten percent (10%) of the actual cost of the right of way, any excess amount will be returned to the Local Government by the State, or upon written request Form ROW-RM-129 (Rev. 6/2006) Page 2 of 2 of the Local Government, the excess amount may be applied to other State highway projects in which the Local Government is participating. In the event any existing, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive than State or federal regulations, or any other locally proposed change, including, but not limited to, plats or re -plats, results in any increased costs to the State, then the Local Government will pay one hundred percent (100%) of all such increased costs, even if the applicable county qualifies as an economically disadvantaged county. The amount of the increased costs associated with the existing, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or other directive will be determined by the State at its sole discretion. The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. The State auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the State auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. THE LOCAL GOVERNMENT EXECUTION RECOMMENDED: By: Title: Town Manager Date: District Engineer, District THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: John P. Campbell, P.E. Right of Way Division Director t n�: P TOWN ER. "A PLACE WHERE EVERYONE MATTERS" Investment Portfolio Summary For the Quarter Ended September 30, 2010 Prepared By Ron Butler Comptroller Town of Prosper Town of Prosper Quarterly Investment Report Investment Officers' Certification For the Cluarter Ended September 30, 2010 This report is prepared for the Town of Prosper ("Town") in accordance with Chapter 2256 of the Public Investment Act ("PFIA"), Section 2256.023(a). The PFIA states that "Not less than quarterly, the investment officer shall prepare and submit to the governing body of the entity a written report of the investment transactions for all funds covered by this chapter for the preceding reporting period." This report is signed by the Town's Investment Officers and includes the disclosures required in the PFIA. Market values were obtained from TexPool, TexStar, and Independent Bank statements. The investment portfolio complied with the PFIA and the Town's approved Investment Policy and Strategy throughout the period. All investment transactions made in the portfolio during this period were made on behalf of the Town and were made in full compliance with the PFIA and the Town's approved Investment Policy. Town of Prosper Quarterly Investment Report Summary Information For the Quarter Ended September 30, 2010 This report is prepared for the Town of Prosper ("Town") in accordance with the Town's Investment Policy and reporting requirements. In accordance with the Investment Policy, the Town's Investment Officer shall prepare and submit to the governing body of the entity a written report of the investment transactions for all funds. For the quarter ending September 30, 2010, the Town has Twenty -Two (22) accounts with a total market value of $28,320,965.59 and total interest earned on these accounts for the quarter is $62,788.30. The distribution of these funds are as follows: General Fund - Par value and market value of $5,350,657.08. Water Sewer Fund - Par value and market value of $5,763,744.02. 1 & S Fund - Par value and market value of $576,649.37. Internal Service Fund - Par value and market value of $46,971.26. Storm Drainage Fund - Par value and market value of $97,979.19. Parks Fund - Par value and market value of $1,975,003.30. Impact Fees Fund - Par value and market value of $6,254,082.67. Special Revenue Fund - Par value and market value of $1,998,973.35. Capital Projects Fund - Par value and market value of $6,266,905.35. The Economic Development Corporation have accounts with total par and market value of $1,508,408.15 and interest earnings for the quarter is $4,162.23 The composition, by security types, for these funds is 51% Government Pools and 49% Local Bank deposits. This consist of : 33% is in TexStar, 18% in TexPool and 49% in the local bank. TexStar and TexPool are Texas Local Government Investment Pools. The change in value from July 1, 2010 through September 30, 2010 for The Town of Prosper funds is $2,730,454.75 in additions and $6,626,486.91 of withdrawals. The breakdown per fund can be found on the CHANGE IN VALUE sheet of the portfolio. EDC had $200,240.74 in additions and $132,076.63 in withdrawals. Interest earned for the quarter is $4,162.23. EDC Certificate of Deposit matured and was not renewed. Money deposited in Independent Bank account. The investment portfolio complied with the PFIA and the Town's approved Investment Policy and Strategy throughout the period. All investment transactions made in the portfolio during this period were made on behalf of the Town and were made in full compliance with the PFIA and the Town's approved Investment Policy. The U.S. Treasury yield curve is presented on a graph to serve as a benchmark comparison. Town of Prosper Portfolio Composition September 30, 2010 Portfolio Composition by Security Types Gov't Pools 51% $15,301,117 Bank Deposits 49% $14,528,196 Portfolio Composition By Issuer TexStar 33% $9,508,107 Bank 49% 4,528,196 TexPool 18% $5,793,07 Town of Prosper FIXED INCOME DISTRIBUTION September 30, 2010 Summary Information Totals Town of Prosser Par Value 28,320,965.59 Market Value 28,320,965.59 Adjusted Cost Net Gain/Loss Annual Income Prosser Economic Develoement Par Value 1,508,408.15 Market Value 1,508,408.15 Adjusted Cost Net Gain/Loss Annual Income Combined Totals Par Value 29,829,373.74 Market Value 29,829,373.74 Adjusted Cost Net Gain/Loss Annual Income Town of Prosper DETAIL OF SECURITY HOLDINGS As of September 30, 2010 Security Security Purchase Purchase Book Market Market Days to Description CUSIP Institution Par Value Price Cost Value Price Value Maturity Yield General Fund Bank - Payroll 903000503 Independent Bank 6,816.92 100.00 6,816.92 6,816.92 100.00 6,816.92 1 1.31009/6 Bank - Operating 4000238 Independent Bank 4,533,416.15 100.00 4,533,416.15 4,533,416.15 100.00 4,533,416.15 1 1.3100% TexPool 439000002 TexPool 44,976.94 100.00 44,976.94 44,976.94 100.00 44,976.94 1 0.2165% TexSTAR 1111 TexSTAR 724,655.56 100.00 724,655.56 724,655.56 100.00 724,655.56 1 0.2113% Bank - FSA 901002089 Independent Bank 7,418.84 100.00 7,418.84 7,418.84 100.00 7,418.84 1 1.3100% Bank - State Fines 4000246 Independent Bank 25,481.13 100.00 25,481.13 25,481.13 100.00 25,481.13 1 1.31009/. Bank - Clearing Account 903000412 Independent Bank 0.01 100.00 0.01 0.01 100.00 0.01 1 0.00000/0 MXSourceCredit Card FSA MX Account 7,891.53 100.00 7,891.53 7,891.53 100.00 7,891.53 1 0.00000/0 5,350,657.08 100.00 5,350,657.08 5,350,657.08 100.00 5,350,657.08 Water/Sewer Fund Bank - Operating 903000750 Independent Bank 2,704,703.86 100.00 2,704,703.86 2,704,703.86 100.00 2,704,703.86 1 1.31000/6 Bank - Operating 3000889 Prosper Bank 57,430.99 100.00 57,430.99 57,430.99 100.00 57,430.99 1 0.2500% TexPool 439000001 TexPool 3,001,609.17 100.00 3,001,609.17 3,001,609.17 100.00 3,001,609.17 1 0.2165% 5,763,744.02 100.00 5,763,744.02 5,763,744.02 100.00 5,763,744.02 Interest & Sinking Fund Bank - Debt Payments 4000311 Independent Bank 239,452.23 100.00 239,452.23 239,452.23 100.00 239,452.23 1 1.3100% TexPool 439000005 TexPool 337,197.14 100.00 337,197.14 337,197.14 100.00 337,197.14 1 0.2165% 576,649.37 100.00 576,649.37 576,649.37 100.00 576,649.37 Internal Service Fund Bank-Intemal Service Fund 901002089 Independent Bank 46,971.26 100.00 46,971.26 46,971.26 100.00 46,971.26 1 1.31000/6 Storm Drainage Fund Bank - Operating 903000750 Independent Bank 97,979.19 100.00 97,979.19 97,979.19 100.00 97,979.19 1 1.3100% Parks Fund Bank - Parks Dedication 4000287 Independent Bank 332,650.63 100.00 332,650.63 332,650.63 100.00 332,650.63 1 1.31009/. Bank - Parks Improvement 4000287 Independent Bank 406,855.18 100.00 406,855.18 406,855.18 100.00 406,855.18 1 1.31000/6 TexSTAR -Park Dedication 1111 TexStar 733,710.53 100.00 733,710.53 733,710.53 100.00 733,710.53 1 0.2113% TexSTAR - Park Improvement 1111 TexStar 501,786.96 100.00 501,786.96 501,786.96 100.00 501,786.96 1 0.2113% 1,975,003.30 100.00 1,975,003.30 1,975,003.30 100.00 1,975,003.30 Impact Fees Fund Bank - Operating(Thoroughfare) 4000253 Independent Bank 1,505,913.33 100.00 1,505,913.33 1,505,913.33 100.00 1,505,913.33 1 1.3100% Bank - Operating(Water) 4000253 Independent Bank 29,162.65 100.00 29,162.65 29,162.65 100.00 29,162.65 1 1.3100% Bank - Operating(Sewer) 4000253 Independent Bank 70,580.39 100.00 70,580.39 70,580.39 100.00 70,580.39 1 1.3100°vo TexPool - Operating(Thoroughfarf 439000002 TexPool 658,298.48 100.00 658,298.48 658,298.48 100.00 658,298.48 1 0.2165% TexPool - Operating(Water) 439000002 TexPool 840,759.57 100.00 840,759.57 840,759.57 100.00 840,759.57 1 0.2165% TexPool - Operating(Sewer) 439000002 TexPool 673,485.79 100.00 673,485.79 673,485.79 100.00 673,485.79 1 0.2165% TexStar- Operating(Thoroughfare 1252000 TexStar 1,178,465.81 100.00 1,178,465.81 1,178,465.81 100.00 1,178,465.81 1 0.2113% TexStar - Operating(Water) 1252000 TexStar 992,897.16 100.00 992,897.16 992,897.16 100.00 992,897.16 1 0.2113% TexStar - Operating(Sewer) 1252000 TexStar 304,519.49 100.00 304,519.49 304,519.49 100.00 304,519.49 1 0.2113% 6,254,082.67 100.00 6,254,082.67 6,254,082.67 100.00 6,254,082.67 Special Revenue Fund Bank - Escrow 4000303 Independent Bank 1,018,995.15 100.00 1,018,995.15 1,018,995.15 100.00 1,018,995.15 1 1.3100% TexStar 1111 TexStar 969,978.20 100.00 969,978.20 969,978.20 100.00 969,978.20 1 0.2113% 1,988,973.35 100.00 1,988,973.35 1,988,973.35 100.00 1,988,973.35 Capital Prolects Fund Bank - 2004 Bond 4000329 Independent Bank 252,776.53 100.00 252,776.53 252,776.53 100.00 252,776.53 1 1.3100% TexPool - 2004 Bond 439000008 TexPool 165,498.67 100.00 165,498.67 165,498.67 100.00 165,498.67 1 0.2165% TexStar - 2006 Bond 2006000 TexStar 1,462,291.58 100.00 1,462,291.58 1,462,291.58 100.00 1,462,291.58 1 0.2113% TexStar - 2008 Bond 2008000 TexStar 2,618,637.78 100.00 2,618,637.78 2,618,637.78 100.00 2,618,637.78 1 0.2113% Bank - 2008 Bond 1000032845 Independent Bank 1,767,700.79 100.00 1,767,700.79 1,767,700.79 100.00 1,767,700.79 1 1.31000/6 6,266,905.35 100.00 6,266,905.35 6,266,905.35 100.00 6,266,905.35 TOTAL TOWN OF PROSPER 28.320.965.59 100.00 28.320.965.5A 9A 39n ARS 5A 1nn nn 9A �9n mr, SA Security Description Economic Development Bank - Operating (EDC) Bank - Operating (EDC) TexPool - EDC TexStar - EDC Prosper Bank-Cert. of Deposit TOTAL EDC Security CUSIP Institution 3004736 Prosper Bank 4000238 Independent Bank 439000006 TexPool 1111000 TexStar 1310741 Prosper Bank TOTAL TOWN OF PROSPER & EDC Town of Prosper DETAIL OF SECURITY HOLDINGS As of September 30, 2010 Purchase Purchase Book Market Market Par Value Price Cost Value Price Value 40,700.41 100.00 40,700.41 40,700.41 100.00 40,700.41 1,375,299.25 100.00 1,375,299.25 1,375,299.25 100.00 1,375,299.25 71,244.48 100.00 71,244.48 71,244.48 100.00 71,244.48 21,164.01 100.00 21,164.01 21,164.01 100.00 21,164.01 - 0_00 100.00 1,508,408.15 100.00 1,508,408.15 1,508,408.15 100.00 1,508,408.15 29,829,373.74 29,829,373.74 29,829,373.74 29,829,373.74 Days to Maturity Yield 1 0.2500% 1.3100% 1 0.2165% 1 0.2113% 0 0.0000% Security Description General Fund Bank - Payroll Bank - Operating TexPool TexSTAR Bank - FSA Bank - State Fines Bank - Clearing Account MXSourceCredit Card Water/Sewer Fund Bank - Operating Bank - Operating TexPool Interest & Sinking Fund Bank - Debt Payments TexPool Internal Service Fund Bank -Internal Service Fund Storm Dralnape Fund Bank - Operating Parks Fund Bank - Parks & Recreation Bank - Parks & Recreation Town of Prosper CHANGE IN VALUE From 07/01/10 to 9 /30/10 Maturity 06/30/10 06/30/10 Additions CUSIP Institution Date Book Value Market Value Purchases Interest Accrued 09/30/10 09/30/10 Withdrawal Received Interest Book Value Market Value Yield 903000503 IndependentBank 102,945.26 102,945.26 641,222.69 737,456.38 105.35 4000238 Independent Bank 4,350,428.41 4,350,428.41 10,642,803.57 10,475,164.76 15,348.93 439000002 TexPool 440,548.10 440,548.10 - 395,647.00 75.84 1111 TexSTAR 640,985.14 640,985.14 83,301.07 - 369.35 901002089 Independent Bank 16,171.49 16,171.49 15,849.88 24,644.04 41.51 4000246 Independent Bank 33,281.86 33,281.86 59,116.82 67,025.00 107.45 903000412 Independent Bank 0.01 0.01 75,892.50 75,892.50 - FSA MX Account 5,724.01 5,724.01 13,000.00 10,832.48 5,590,084.28 5,590,084.28 11,531,186.53 11,786,662.16 16,048.43 903000750 Independent Bank 2,904,535.73 2,904,535.73 1,987,717.47 2,195,638.43 8,089.09 3000889 Prosper Bank 53,917.77 53,917.77 3,476.06 37.16 439000001 TexPool 2,999,918.74 2,999,918.74 1,690.43 5,958,372.24 5,958,372.24 1,991,193.53 2,195,638.43 9,816.68 4000311 Independent Bank 1,644,788.71 1,644,788.71 36,246.21 1,443,219.79 1,637.10 439000005 TexPool 337,007.26 337,007.26 189.88 1,981,795.97 1,981,795.97 36,246.21 1,443,219.79 1,826.98 901002089 Independent Bank 27,421.92 27,421.92 43,896.56 24,440.36 93.14 903000750 Independent Bank 4000287 Independent Bank 1111 TexSTAR Impact Fees Fund Bank - Operating(Impact Fees) 4000253 Independent Bank TexPool - Operating(Impact Fees)439000002 TexPool TexStar - Operating(Impact Fees) 1252000 TexStar Special Revenue Fund Bank - Escrow Bank - Escrow Capital Protects Fund Bank - 2004 Bond TexPool - 2004 Bond TexStar - 2006 Bond TexStar - 2008 Bond Bank - 2008 Bond 4000303 Independent Bank 1111 TexSTAR 4000329 Independent Bank 439000008 TexPool 2006000 TexStar 2008000 TexStar 1000032845 Independent Bank TOTAL TOWN OF PROSPER Economic Development Bank - Operating (EDC) 3004736 Prosper Bank Bank - Operating (EDC) 4000238 Independent Bank TexPool - EDC 439000006 TexPool TexStar - EDC 1111 TexStar Prosper Bank-Cert. of Deposit 1310741 Prosper Bank TOTAL EDC TOTAL TOWN OF PROSPER & EDC 59,664.97 59,664.97 46,959.68 8,835.11 189.65 6,816.92 6,816.92 1.3100% 4,533,416.15 4,533,416.15 1.3100% 44,976.94 44,976.94 0.2165% 724,655.56 724,655.56 0.2113% 7,418.84 7,418.84 1.3100% 25,481.13 25,481.13 1.3100% 0.01 0.01 7,891.53 7,891.53 0.0000% 5,350,657.08 5,350,657.08 2,704,703.86 2,704,703.86 1.3100% 57,430.99 57,430.99 0.2500% 3,001,609.17 3,001,609.17 0.2165% 5,763,744.02 5,763,744.02 239,452.23 239,452.23 1.3100% 337,197.14 337,197.14 0.2165% 576,649.37 576,649.37 46,971.26 46,971.26 1.3100% 97,979.19 97,979.19 1.3100% 811,583.78 811,583.78 120,548.73 195,203.14 2,576.44 739,505.81 739,505.81 1.3100% 1,234,855.97 1,234,855.97 641.52 1,235,497.49 1,235,497.49 0.2113% 2,046,439.75 2,046,439.75 120,548.73 195,203.14 3,217.96 1,975,003.30 1,975,003.30 1,909,153.27 1,909,153.27 13,384.80 322,306.05 5,424.35 1,605,656.37 1,605,656.37 1.3100% 1,775,723.92 1,775,723.92 395,647.00 - 1,172.92 2,172,543.84 2,172,543.84 0.2165% 2,478,498.21 2,478,498.21 3,917.96 1,302.21 2,475,882.46 2,475,882.46 0.2113% 6,163,375.40 6,163,375.40 409,031.80 326,224.01 7,899.48 6,254,082.67 6,254,082.67 1,010,320.08 1,010,320.08 5,550.72 200.00 3,324.35 1,018,995.15 1,018,995.15 1.3100% 969,473.13 969,473.13 505.07 969,978.20 969,978.20 0.2113% 1,979,793.21 1,979,793.21 5,550.72 200.00 3,829.42 1,988,973.35 1,988,973.35 272,806.63 272,806.63 - 20,912.71 882.61 252,776.53 252,776.53 1.3100% 165,405.48 165,405.48 - - 93.19 165,498.67 165,498.67 0.2165% 2,676,766.48 2,676,766.48 3,917.96 1,219,606.24 1,213.38 1,462,291.58 1,462,291.58 0.2113% 1,481,378.44 1,481,378.44 1,140,094.86 3,789.69 954.17 2,618,637.78 2,618,637.78 0.2113% 5,550,876.15 5,550,876.15 1,586,441.93 5,382,178.27 12,560.98 1,767,700.79 1,767,700.79 1.3100% 10,147,233.18 10,147,233.18 2,730,454.75 6,626,486.91 15,704.33 6,266,905.35 6,266,905.35 33,954,180.92 33,954,180.92 16,915,068.51 22,606,909.91 58,626.07 28,320,965.59 28,320,965.59 41,192.07 41,192.07 - 518.79 27.13 40,700.41 40,700.41 0.2500% 1,301,081.65 1,301,081.65 200,240.74 130,107.02 4,083.88 1,375,299.25 1,375,299.25 1.3100% 71,204.38 71,204.38 - - 40.10 71,244.48 71,244.48 0.2165% 21,152.89 21,152.89 - 11.12 21,164.01 21,164.01 0.2113% 1,450.82 1,450.82 1,450.82 0.0000% 1,436,081.81 1,436,081.81 200,240.74 132,076.63 4,162.23 1,508,408.15 1,508,408.15 35,390,262.73 35,390,262.73 17,115,309.25 22,738,986.54 62,788.30 29,829,373.74 29,829,373.74 Security Description CUSIP Institution General Fund Bank - Payroll 903000503 Independent Bank Bank - Operating 4000238 Independent Bank TexPool 439000002 TexPool TexSTAR 1111 TexSTAR Bank - FSB 901002089 Independent Bank Bank - State Fines 4000246 Independent Bank MXSourceCredit Card FSA MX Account Water/Sewer Fund Bank - Operating 903000750 Independent Bank Bank - Operating 3000889 Prosper Bank TexPool 439000001 TexPool Interest & Sinking Fund Bank - Debt Payments 4000311 Independent Bank TexPool 439000005 TexPool Internal Service Fund Bank-Intemal Service Fund 901002089 Independent Bank Storm Drainage Fund Bank - Operating 903000750 Independent Bank Parks Fund Bank - Parks & Recreation 4000287 Independent Bank Bank - Parks & Recreation 1111 TexSTAR Impact Fees Fund Bank - Operating(Impact Fees) 4000253 Independent Bank TexPool - Operating(Impact Fees) 439000002 TexPool TexStar - Opereting(Impact Fees) 1252000 TexStar Special Revenue Fund Bank - Escrow 4000303 Independent Bank Bank - Escrow 1111 TexSTAR Capital Protects Fund Bank - 2004 Bond 4000329 Independent Bank TexPool-2004 Bond 439000008 TexPool TexStar - 2006 Bond 2006000 TexStar TexStar -2008 Bond 2008000 TexStar Bank - 2008 Bond 1000032845 Independent Bank TOTAL TOWN OF PROSPER Economic Development Bank - Operating (EDC) 3004736 Prosper Bank Bank - Operating (EDC) 4000238 Independent Bank TexPool - EDC 439000006 TexPool TexStar - EDC 1111000 TexStar Prosper Bank-Cert. of Deposit 1310741 Prosper Bank TOTAL EDC TOTAL TOWN OF PROSPER & EDC Town of Prosper EARNED INCOME From 07/01/10 to 09/30/10 Ending Adjusted Purchased Sold Interest Earned Accrued Accrued Earned Interest Interest Received Interest Interest Interest Income Yield 105.35 105.35 105.35 1.3100% 15,348.93 15,348.93 15,348.93 1.3100% 75.84 75.84 75.84 0.2165% 369.35 369.35 369.35 0.2113% 41.51 41.51 41.51 1.3100% 107.45 107.45 107.45 1.3100% 0.0000% 16,048.43 16,048.43 16,048.43 8,089.09 8,089.09 8,089.09 1.3100% 37.16 37.16 37.16 0.2500% 1,690.43 1,690.43 1,690.43 0.2165% 9,816.68 9,816.68 9,816.68 1,637.10 1,637.10 1,637.10 1.3100% - 189.88 189.88 189.88 0.2165% 1,826.98 1,826.98 1,826.98 93.14 93.14 93.14 1.3100% 189.65 189.65 189.65 1.3100% 2,576.44 2,576.44 2,576.44 1.3100% 641.52 641.52 641.52 0.2113% 3,217.96 3,217.96 3,217.96 5,424.35 5,424.35 5,424.35 1.3100% 1,172.92 1,172.92 1,172.92 0.2165% 1,302.21 1,302.21 1,302.21 0.2113% 7,899.48 7,899.48 7,899.48 3,324.35 3,324.35 3,324.35 1.3100% 505.07 505.07 505.07 0.2113% 3,829.42 3,829.42 3,829.42 882.61 882.61 882.61 1.3100% 93.19 93.19 93.19 0.2165% 1,213.38 1,213.38 1,213.38 0.2113% 954.17 954.17 954.17 0.2113% 12,560.98 12,560.98 12,560.98 1.3100% 15,704.33 15,704.33 15,704.33 58,626.07 58,626.07 58,626.07 27.13 27.13 27.13 0.2500% 4,083.88 4,083.88 4,083.88 1.3100% 40.10 40.10 40.10 0.2165% 11.12 11.12 11.12 0.2113% - 0.0000% 4,162.23 4,162.23 4,162.23 62,788.30 62,788.30 62,788.30 U. S. Treasury Yield Curve as Benchmark Sept. 30, 2009 versus Sept. 30, 2010 Source: U. S. Treasury riSPER OWN OF Prosper is a place where everyone matters To: Mayor and Town Council PLANNING Agenda Item No. 6 From: Chris Copple, AICP, Planning & Zoning Manager Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — November 9, 2010 Date: November 5, 2010 Agenda Item: A public hearing to consider and act upon a request to rezone 6.1 t acres, located 1,100t feet north of U.S. 380 and 1,800t feet east of Preston Road, to amend Planned Development-2 (PD-2), Exhibit C, Section 2.06 (Thoroughfare Screening). (Z10-0016). Description of Agenda Item: The applicant has submitted a request to amend a portion of PD-2 in order to revise the thoroughfare screening requirements along future Lovers Lane. This portion of PD-2, as described in the attached Exhibit A, includes all lots in Willow Ridge adjacent to Lovers Lane, a future four lane divided thoroughfare. The Town's Subdivision Ordinance requires the developer to construct a minimum six foot (6) ornamental metal fence with a solid living screen in the ten foot (10') landscape buffer along Lovers Lane. The applicant is requesting that the screening along Lovers Lane consist of an eight foot (8') board -on -board wood fence in place of the ornamental metal fence, as described in the attached Exhibit C. Attached to this report is an email from the developer describing the purpose of the request. Town staff has also attached pictures of examples of a solid living screen. Budget Impact: There are no significant budget implications associated with the approval of this zoning request. Legal Obligations and Review: Zoning is discretionary. Therefore, the Town Council is not obligated to approve the request. Notification was provided to neighboring property owners as required by state law. Town staff has not received any public hearing notice reply forms at this time. Attached Documents: 1. Zoning Exhibits A and C. 2. E-mail from the applicant, Phil Jobe, describing the purpose of the request. 3. Zoning map of the surrounding area. 4. Pictures of solid living screens. 5. Planned Development-2 (Ordinance No. 00-09). Agenda Item No. 6 - Page 1 of 2 Planning & Zoning Commission Recommendation: At their October 5, 2010 meeting, the Planning & Zoning Commission recommended the Town Council approve a request to rezone 6.1i acres, located 1,100t feet north of U.S. 380 and 1,800t feet east of Preston Road, to amend Planned Development-2 (PD-2), Exhibit C, Section 2.06 (Thoroughfare Screening) as submitted, by a vote of 4-2. Commissioners Johnson and Trenham voted in opposition to the request. Town Staff Recommendation: Town staff recommends the Town Council consider and act upon a request to rezone 6.1t acres, located 1,100t feet north of U.S. 380 and 1,800t feet east of Preston Road, to amend Planned Development-2 (PD-2), Exhibit C, Section 2.06 (Thoroughfare Screening). Agenda Item No. 6 - Page 2 of 2 LWAL DESCRIPE10N I GClND Being O troet of land located in the EDWARD BRADIEY TRIMB(E SURWY. ABSTRACT NO. Nrih 883,VW East, a &tanw of 160.03 fast to O point far a CamvT I1 tT. - a®I�T✓E0lA�TO;L C0"l m�um. 7DTM 88, Town of Prosper, Collin County, Tema, being a portion of Willow, Ridge Ridge Ph— 4, g"T. g =- gma mccqR 'Tr• TEAS occurdhg to the pbt/map Red M record by Ooeument Numb. 20090030010000780, nth 0I25'18' East, a able ce of 107.28 feet to a point far a caner•, • . 1/l RCN na WIN MLOW PLASTIC Rot Record. of Cdln Canty, Tema, also be" a part of O trod of land described In South 50'4VOr East, a distance of 56.07 feet to O point for O corm, CV VNPiD YIAe FOIsO Deed to Jobe Properties, Ltd.. recorded In Vchdne 47Oq Page 3351. Deed Record.. ' - vOMT fas UNETI Collin County, Tema, and being man particularly described os failom South 05MW21- West, O distance of 185.21 feel to O paint for a caner; I_T F WIL r 61`01 f S APE ie'R A. fRUi BEgNNRIG ck o 1/2 Inch bon rod found at -the Southwst comor of sold Wee Ridge North 8338'30• East. a dlatanas of 37.41 fast to a point for o carer. j RAT OF t pna[ MI/S FUR A Phan 4 and in be East the of that tract of land eon to 183 Lord 11oRm aster � �000�otxa. �hS n/b South 0471'82' Eaat, O distance Of 17At8 fast to O paint }a O eemar, Corporation. 97 D0 accordingDec n the document Red of racard under anCountyrad dark Fie being Li Number 97-0005108, Dead reorde of Collin County, Tam; sore Fan rod ds0 berg ba South 7OT4'15' WeN, a Mtanas Of 3620 fast to O point far o camr, �� NorlhrAat eamr of that track of land conveyed to Card Mg Tool eeearUng to the South O1Z5'18' East a distance of 834.28 feat to O point far O cumr document No In Vdume 4973. Pogo 3953, Dead Records of Cdikl Caanty. Teacs, "a'1 ei�so' THENCE North DIWOB' Wet. Mffh the Carman the of sold! Will— Ridge Phan 4. Jock South 2239'20' West. O distance of 142.47 (ad to o pant far a oomr In the North Properties tract and sold 183 Lard Corporation tracts, O distance of 1298.24 feet to O Line of the abaw mentioned Card Tung Ted tract erne being it. drnman South Lie point far O camr of this tract f the Claw mentioned W91oW Ridge Phose 4-, THENCE lac bg said carman Ih4 ow and serves, sold Jobe treat and Willow Ridge THENCE south 8835'01' Wmt• WNh said aomman lime, O distance of 156.05 fast to tin• Phan 4 the funWing cnrrsa and dot.— PONT OF BEGNWNC and containing BAD across of lond, man or loss. i w u0 eWNnsot ti w ueo� YeN 0°a oa�T. ayeganrLr�y m , eITIN•raa rvA M� L�llm V� errs / / � P.O.B.�--- ... ------------ ----------------- paa� me 1st wS Dam ssaa a r6 v eaq NOI RB'l1B'Ig 129624' ... — — ... .. ... ------------------ , —... T i so 834.2' .o.r O w E 7.41' 52O4Y8'W MN 30.20' __________1_8_S_.2_a 47 _ ___________III ' II � I I Il�YY�y �� en4s1�1WYwW /� OWNER 2r nwaaP`ea•a. � C WpwMM1 we(a7 a4e-dr1e3 Ra•� T wl� ma ism 9N-ant. GRAPHIC SCALE 1 Ydr•e0ln No1E THE tNORd O Q AfE 9101w ON THIS DMW ARE FOR TON PtgSOSES ONLY AND DOES NOT SET THE ALIGNMENT . THE ALIGNMENT tS DETERMINED AT THE ME OF Fk& PUT. EXHIBIT 'A' 2ANINA OV141RIT ZONING CASE NO. ZIO-0016 2W74 SQUARE liT OR S10 AaM EDwARD 8RADLINTAYdetE SURITY, ABSTRACT NO. ee TO'NN OF PtO48t omLL OOLRn1', TEXAS SM DOWDEY, ANDERSON &ASSOCIATES, INC 93S 1thLefsiDlgbk28 Phmim 7� Th9NW nAn atmtsATrCN wgs FZR min+ osAWN omAm son 1G1A ICe 51Ct Nec cwr Aao AnVn+o i•.a Nark. Exhibit C Willow Ridge Planned Development-2 Amendment Planned Development Standards Except as otherwise set forth in these development standards, the property, as described in Exhibit A, shall develop under Ordinance No. 00- 09 as adopted by the Town of Prosper Town Council on May 9, 2000. 1. 2.06 Thoroughfare Screening: Thoroughfare Screening shall be provided along future Lovers Lane (a four lane divided thoroughfare) per Section 10.13 of the Town's Subdivision Ordinance, with the exception that an eight foot (8') cedar board -on -board wood fence with a common stain color, supported by metal posts anchored in concrete, be constructed along the shared property line of the single family residential lots and the ten foot (10') open space lot, in place of the required ornamental metal fence. The wood fence, the required landscaping, and the ten foot (10') open space lot shall be owned and maintained by the Willow Ridge Homeowner's Association. Chris Co le From: Phil Jobe [pjobe@jobeco.net] Sent: Friday, September 17, 2010 12:09 PM To: Chris Copple Cc: 'Michael Dowdey' Subject: Willow Ridge Zoning Case Town Council Planning & Zoning Commission Chris Copple The reason we are requesting this change is to provide the homeowners and Town a better screening than is possible under the existing zoning. Under the existing zoning we are required to build an open ornamental iron fence along the west boundary line of these lots. At present and for the foreseeable future, to the west of these lots is an abandoned rock road that is sometimes used as a dumping ground and a field/wooded area that is not well kept. If we put up the open fence I expect most homeowners will erect their own wood fence right next to it. With us requiring a specific fence and paying for upgrade we can assure continuity in appearance along future Lovers Lane. There will be additional screening/landscaping between the fence and road installed later. I feel that this change is for the betterment of the community and the Town. I appreciate your consideration of this request. Best Regards, Phil Phd Phil Jobe Jobe Company, Inc. 201 N. Preston Rd., Ste C Prosper, TX 75078 Phone: 972-346-3663 Fax: 972-346-3666 E-Mail: piobe(cD,iobeco.net JA w:Mora �;die. $ 1.1on- R� ko west- pp-Z o�.Me� bov}t„ TOWN OF PROSPER, TEXAS ORDINANCE NO. 00-09 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 84- 16; REZONING A TRACT OF LAND CONSISTING OF 412.809 ACRES, MORE OR LESS, SITUATED IN THE EDWARD BRADLEY SURVEY, ABSTRACT NO. 86 AND THE HARRISON JAMISON SURVEY, ABSTRACT NO.480 IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS HERETOFORE ZONED AGRICULTURE (A) IS REZONED PLANNED DEVELOPMENT (PD); DESCRIBING THE TRACT TO BE REZONED; 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 of Prosper, Texas ("Prosper") has received a request from Dowdey, Anderson & Associates, Inc. to rezone 412.809 acres of land, more or less, situated in the Edward Bradley Survey, Abstract No. 86 and the Harrison Jamison Survey, Abstract No. 480 in Prosper, Collin County, Texas; and WHEREAS, the Town Council of Prosper (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 amend Prosper's Zoning Ordinance No. 84-16 and rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN' OF PROSPER, TEXAS: ORDINANCE REZONING 412.809 ACRES TO PLANNED DEVELOPMENT - Page l ae/1:\mbox4\prosper\1a cima ord 1041100 SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Prosper's Zoning Ordinance No. 84-16 . Prosper's Zoning Ordinance No. 84-16 is amended as follows: The zoning designation of the below - described property containing 412.809 acres, more or less, situated in the Edward Bradley Survey, Abstract No. 86 and the Harrison Jamison Survey, Abstract No. 480 in Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto are hereby rezoned as Planned Development (PD). Such property is divided into separate tracts which contain the following use classifications: Tract 1 - 20.0 acres - Retail/Commercial/Office (COR) Tract 2 - 109.7 acres - Retail/Commercial/Office (COR) Tract 3 - 30.4 acres - Retail/Commercial/Office (COR) Tract 4 - 189.309 acres - Single Family Residence -2 (SF-2) Tract 5 - 63.4 acres - Multiple -Family Dwelling - 1 (MF-1) The Property as a whole is more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes. The development plans, standards, uses and schedules for the Property in this Planned Development District shall conform to, and comply with 1) the conceptual and/or site plan attached hereto as Exhibit "B", 2) the planned development standards attached hereto as Exhibit "C", 3) the statement of purpose and intent attached hereto as Exhibit "Dill and 4) the development schedule attached hereto as "E". Exhibits "B", licit, "D" and "E" are incorporated herein for all purposes. Except as amended by this Ordinance, the development of the Property ORDINANCE REZONING 412.809 ACRES TO PLANNED DEVELOPMENT - Page 2 ae/1:\mbox4\prosper\1a cima ord /041100 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 (3) 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 the original records and shall not be changed in any manner. b. One (1) copy shall be filed with the building inspector and shall be maintained up- to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time -to -time be made of the official zoning district map. Written notice of any amendment to this Planned Development District shall be sent to all 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, the Planned Development Zone 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 it 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. ORDINANCE REZONING 412.809 ACRES TO PLANNED DEVELOPMENT - Page 3 ae/1:\mbox4\prosper\1a cimaord /041100 SECTION 5: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 84-16, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a 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: Savings/Repealing Clause. Prosper's Zoning Ordinance No. 84-16 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 repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 7: 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 8: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law. ORDINANCE REZONING 412.809 ACRES TO PLANNED DEVELOPMENT - Page 4 ae/I:\mbox4\prosper\Ia cimaord /041100 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS on this day of —JL2000. ATTESTEDJO AND CORRECTLY RECORDED BY STEPAN COFFMAN,Wf!AYOR APPROVED AS TO FORM: JNNIFE FINLEY (� ABERNATHY, ROEDER, BOYD, Town Secretary & JOPLIN, P.C. RICHARD M. ABERNATHY REBECCA BREWER Town Attorneys DATE OF PUBLICATION 4`2-1- L L, is the k(e iK !, ")C•.i 0 tic . �•� �I L< / P f f � J ORDINANCE REZONING 412.809 ACRES TO PLANNED DEVELOPMENT - Page 5 ae/I:\mbox4\prosper\la circa ord /041100 EXHIBIT "A" DESCRIPTION BEING a tract of land situated in the EDWARD BRADLEY SURVEY, ABSTRACT NO. 86, and the HARRISON JAMISON SURVEY, ABSTRACT NO. 480, in the Town of Prosper, Collin County, Texas, and being part of a called 872.746 acre tract of land described as Tract One in a deed to Mustang -Midway Plano, Ltd., recorded as County Clerk's Document Number 96-0038753 of the Official Public Records of Real Property of Collin County, Texas, and being more particularly described as follows: 'BEGINNING at a 100-penny nail found in the center of County Road No. 78 for the most northerly northwest corner of said 872.746 acre tract and the northeast corner of a called 27.672 acre tract of land described as Tract Nine in a deed to 183 Land Corporation, Inc., recorded as County Clerk's Document Number 97- 0005168 of said Deed Records; THENCE North 88 degrees 58 minutes 10 seconds East, along the center of County Road No. 78 and the north line of said 872.746 acre tract, a distance of 1335.56 feet to a 1/2-inch iron rod found for an angle point at the southwest corner of a called 50.923 acre tract of land described in a Substitute Trustee's deed to Robert S. Folsom recorded' in Volume 2998, Page 935 of said Official Public Records; THENCE North 88 degrees 49 minutes 19 seconds East, continuing along the north line of said 872.746 acre tract and the center of County Road No. 78, a distance of 378.09 feet to a 1/2-inch iron rod set in the west line of a tract of land described in a deed to the Town of Prosper recorded as County Clerk's Document Number 96-0090462; THENCE South 18 degrees 36 minutes 00 seconds West, along the west line of said Town of Prosper tract and generally along a fence, a distance of 352.42 feet to the southwest corner of said Town of Prosper tract, from which a bent 5/8-inch iron rod found bears North 22 degrees 15 minutes 43 seconds East, 2.22 feet; THENCE North 88 degrees 49 minutes 19 seconds East, along the south line of said Town of Prosper tract, a distance of 372.00 feet to the southeast corner of said Town of Prosper tract, in the west line of a 100-foot wide easement to Texas Power & Light Company recorded in Volume 493, Page 96 of said Deed Records, from which a 1/2-inch iron rod found bears South 88 degrees 49 minutes 27 seconds West, 0.91 feet; THENCE South 18 degrees 36 minutes 00 seconds West, along the west line of said easement, a distance of 2575.53 feet to a 1/2-inch iron rod set for an angle point in said easement; THENCE South 04 degrees 28 minutes 23 seconds West, continuing along the west line of said easement, a distance of 1444.62 feet to a 1/2-inch iron rod set in the prolongation of the north line of a called 41.166 acre tract of land described in a deed to Carol Tung recorded in Volume 1326, Page 351 of said Official Public Records; THENCE North 88 degrees 34 minutes 45 seconds East, along the prolongation of the north line of said Tung tract, a distance of 3413.31 feet to a point in the southeast line of a 170' wide easement to T. P. & L. Co. recorded in Volume 805, Page 413 of said Official Public Records; THENCE North 49 degrees 48 minutes 07 seconds East, along the southeast line of said T. P. & L. Co. easement, a distance of 2996.71 feet to a point in the east boundary of said 872.746 acre tract and in the center of County Road No. 74; THENCE South 01 degree 47 minutes 13 seconds East, along the east boundary of said 872.746 acre tract and the west line of a called 645.426 acre tract of land described in a deed to ASG Prosper, Ltd., recorded as County Clerk's Document Number 95-0019108 in said Land Records, and generally along the center of County Road No. 74, a distance of 457.95 feet to a 1/2-inch iron rod found for corner; THENCE South 00 degrees 59 minutes 59 seconds East, continuing along the east line of said 872.746 acre tract and the west line of said ASG Prosper tract, and generally along the center of*County Road No. 74, a distance of 2395.70 feet to a point in the north line of-0. S. Highway No. 380 (variable right-of-way); THENCE westerly, along the north boundary of U. S. Highway No. 380 the following courses and distances: South 89 degrees 00 minutes 03 seconds West, a distance of 17.23 feet; South 37 degrees 51 minutes 37 seconds West, a distance of 113.05 feet; South 88 degrees 37 minutes 20 seconds West, a distance of 3205.91 feet to a Texas Department of Transportation (TxDOT) monument found for corner; North 88 degrees 30 minutes 58 seconds West, a distance of 200.27 feet to a TxDOT monument found for corner; South 88 degrees 38 minutes 25 seconds West, a distance of 300.04 feet to a 3/4-inch iron rod found for corner; North 85 degrees 39 minutes 02 seconds West, a distance of 100.45 feet to a TxDOT monument found for corner; South 88 degrees 37 minutes 24 seconds West, a distancd of 400.01 feet to a 5/8-inch iron rod found for corner; South 85 degrees 46 minutes 19 seconds West, a distance of 200.45 feet to a TxDOT monument found for corner; South 88 degrees 37 minutes 52 seconds West, a distance of 500.01 feet to -a TxDOT monument found for corner; South 82 degrees 55 minutes 06 seconds West, a distance of 100.51 feet to a 5/8-inch iron rod found for corner; South 88 degrees 37 minutes 05 seconds West, a distance of 699.94 feet to a 1/2-inch iron rod set for corner; North 89 degrees 42 minutes 40 seconds West, a distance of 514.26 feet to a TxDOT monument found in the east line of said Tung tract; THENCE North 01 degree 44 minutes 11 seconds West, along the east line of said Tung tract and the most southerly west line of said 872.746-acre tract, a distance of 1044.31 feet to a 1/2-inch iron rod found for the northeast corner of said Tung tract and a re-entrant corner of said 872.746-acre tract; THENCE South 88 degrees 34 minutes 45 seconds West, along the north line of said Tung tract and the most westerly south line of said 872.746 acre tract, a distance of 1657.60 feet to a 1/2-inch iron found in the center of County Road No. 73 and the east line of a tract of land described as Tract Ten in said deed to 183 Land Corporation, Inc., for the northwest corner of said Tung tract and the most westerly southwest corner of said 872.746 acre tract; THENCE North 01 degree 25 minutes 16 seconds West, along the westerly boundary of said 872.746 acre tract and the east line of said tract Ten and along the center of County Road No. 73, a distance of 2045.94 feet to a 60-penny nail found in the easterly boundary of State Highway No. 289 right-of-way; THENCE North 89 degrees 06 minutes 01 second East, along said State Highway No. 289 right-of-way and continuing along the westerly boundary of said 872.746-acre tract, a distance of 19.49 feet; THENCE North 06 degrees 31 minutes 45 seconds East, continuing along the westerly boundary of said 872.746 acre tract and said State Highway No. 289 right-of-way, a distance of 302.86 feet to a wood right-of-way marker; THENCE North 12 degrees 37 minutes 24 seconds West, continuing along the westerly boundary of said 872.746 acre tract and said State Highway No. 289 right-of-way, a distance of 203.02 feet to a bent right-of-way marker; THENCE North 00 degrees 58 minutes 02 seconds West, continuing along the westerly boundary of said 872.746 acre tract and said State Highway No. 289 right-of-way, a distance of 86.34 feet to a wood right-of-way marker; THENCE North 39 degrees 17 minutes 26 seconds East, a distance of 26.86 feet to a wood right-of-way marker; THENCE North 88 degrees 28 minutes 09 seconds East, continuing along the westerly boundary of said 872.746 acre tract, a distance of 1277.41 feet to a fence corner post for corner; THENCE North 01 degree 58 minutes 28 seconds West, along the east line of said Tract Nine and the most northerly west line of said 872.746 acre tract, a distance of 1546.33 feet to the POINT OF BEGINNING and containing 412.809 acres of land, more or less. Exhibit "C" LA CIMA Planned Development District - Development Standards Applicant: Dowdey, Anderson and Associates, Inc. Planning and Engineering 5225 Village Creek Parkway Suite 200 Plano, Texas 75093 (972)931-0694 (972)931-9538 Fax Owner: Mustang -Midway Plano, Ltd. By Folsom Properties, Inc., General Partner 16475 Dallas Parkway, Suite 800 Dallas, Texas 75248 (972)931-7400 (972)250-1812 Fax May 2000 1:\mbox4\prosper\pd\La Cima ExhC105\O1\00 La Cima PLANNED DEVELOPMENT DISTRICT STANDARDS 1.01 Planned Development District— Corridor District Tracts 1, 2, and 3 1. General Description: The Corridor District (COR) tract will provide the ability to encourage and accommodate the development of office, retail and commercial center(s). 2. Permitted Uses: The following uses are permitted within Tracts 1, 2, and 3 of the Planned Development District: Antique shops - indoor display only Apparel distribution centers Appliance stores Artist material and supplies Auto laundries/car wash facilities Auto parts sales - no outdoor storage/display Automobile parking lots and parking garages Automobile sales, service, and leasing Baby shops Baker and confectionery shops Banks, savings and loan and credit unions - with and without drive-thru services Barber/beauty shops Beverage stores - in accordance with other applicable City of Prosper, Texas Ordinances as they presently exist or may be amended Advertising signs - permitted in compliance with the City of Prosper, Texas Sign Ordinance as it presently exists or may be amended Book and stationery shops Bus stops Business services Cafeterias Camera shops Candy and cake shops Catering establishments Churches/rectories 1:\mbox4\prosper\pd\La Cima ExhC/05\01\00 Cleaning, dyeing, pressing, pick-up and collection agencies Clothing and apparel stores Clothing, footwear, and textile centers Collection agencies Commercial amusement enterprises - indoor and outdoor (excluding drive- in theaters) Computer centers Computer sales, service, and repairs Computer training facilities Concrete batch plants - temporary and incidental to on -site construction Convenience stores Convenience stores with gas service Convention facilities Copy services Corporate and professional office facilities and headquarters Gift shops Dairy products and Ice cream stores Day care centers for children Delicatessens Department stores Dinner theaters Distribution centers and showrooms - no outdoor storage unless screened Drapery shops Dress shops Drug stores/pharmacies Dry goods stores Electronic product sales Electronic security facilities Feed stores Financial institutions Fitness and health centers Florist and garden shops Food product distribution centers Fraternal organizations, lodges, and civic clubs Funeral homes and mortuaries Furniture, home furnishings and equipment showrooms and sales Furniture stores General merchandise stores Governmental and utility agencies, offices and facilities - no outdoor storage unless screened Greenhouse and nursery facilities - sales permitted Grocery stores and supermarkets Guard and patrol services l:\mbox4\prosper\pd\La Cima ExhC/05\01\00 3 Hardware and building materials stores - no outdoor storage unless screened Health product sales Hospitals and emergency centers Interior decorating stores Jewelry stores Key shops/locksmiths Laboratories - testing and experimentation - emissions of hazardous or toxic chemicals shall be prohibited Laundry and dry cleaning establishments Leather good shops Meat markets - no slaughter houses or packing plants Medical equipment showrooms Medical and health care facilities Museums, libraries, art schools, and art galleries Musical instrument sales Newspaper and magazine sales Newspaper printing centers Novelty/notion stores Offices - professional, administrative and general offices - including but not limited to, doctors, optometrists, psychiatrist, attorneys, architects, engineers, planners, travel agents, advertising, insurance, and real estate offices Office showroom facilities - sales permitted Office businesses Office equipment repairs and maintenance Office supplies and sales Paint stores Parks, playgrounds, recreational facilities, and community centers Pest control/exterminating shops - emissions of hazardous or toxic chemicals shall be prohibited Pet grooming and supplies Pet shops Photographic services Play equipment - sales and display Post office facilities Printing and duplicating establishments Private club facilities - in accordance with other applicable City of , Prosper, Texas Ordinances as they presently exist or may be amended Radio and televisions sales and service Radio and television studios and broadcasting facilities Recreation centers - public and private Restaurants Restaurants - with drive-in/drive-thru service 1Ambox4\prosper\pd\La Cima ExhC/05\01\00 4 -- , v L 1 J i Retail sales Retail shops and stores Schools - public or state accredited Scientific/research facilities - emissions of hazardous r toxic chemicals shall be prohibited Securities and commodities offices - including, but not limited to, brokers, dealers., underwriters, exchange offices and similar offices Service stations full service (including bays) Service stations - self service Sewing machine sales and services Shoe and boot sales and repair stores Shopping centers/malls Sign sales, sign installation to be in compliance with the City of Prosper, Texas Sign Ordinance as it presently exists or may be amended Small enclosed machinery sales and services - service and repair facilities to be under roof and enclosed Small truck sales and leasing Specialty shops and boutiques Sporting good sales Storage facilities and uses customarily incidental to the primary, permitted uses Studios - art, photography, music, dance, gymnastics, health, etc. Tailor shops Theaters - indoor Theatrical centers Tire dealer - no outdoor storage Toy stores Trade and commercial schools Travel bureaus Trophies and awards shops Utility distribution systems and facilities Variety stores Veterinarian clinics and kennels - limited to small animals (no outside runs) Watch making shops Accessory building and uses customarily incidental to the permitted uses Temporary building and uses incidental to construction work on the premises to be removed upon completion or abandonment of construction , work Uses similar to the above -mentioned uses, provided the Prosper City Council approves said uses prior to the issuance of a building permit 1:\mbox4\prosper\pd\La Cima ExhC/05\01\00 . v' v C► 7 b 1.03 Non -Permitted Uses: For clarity, the following uses are specifically not permitted within Tracts 1, 2, and 3 of the Planned Development District. 1. Multiple -Family Residences 2. Light Industrial Uses 3. Single Family Residences 1.04 Building Materials: All main buildings shall have an exterior finish of glass, stone, stucco, brick, tile, concrete, exterior wood or similar materials or any combination thereof, The use of wood as a primary, exterior building material shall be limited to a maximum of twenty-five (25) percent of the total exterior wall surfaces. 1.05 Building Heights: The maximum permitted height of all buildings within the commercial tracts of the Planned Development District shall be as outlined in Section 11, Height Regulations, of the City of Prosper Zoning Ordinance, No. 84- 16. 1.06 Front Yard: There shall be a front yard having a depth of not less than twenty- five (25) feet. Front yard setbacks are required on both streets for corner lots. 1.07 Side Yard: Side yard requirements for commercial the tracts shall be as outlined in Section 10, Area Regulation, of the City of Prosper Zoning Ordinance, No. 84- 16, under the heading of Side Yards. 1.08 Rear Yard: Rear yard requirements for commercial the tracts shall be as outlined in Section:10, Area Regulation, of the City of Prosper Zoning Ordinance, No. 84- 16, under the heading of Rear Yards. 1.09 Landscape Plans: Landscape plans for proposed development areas shall be submitted in accordance with the City of Prosper Landscape Code as it presently exists at the time this Planned Development District is approved. 1.10 Screening: A six (6) foot screening wall shall be provided between areas developed for residential uses. The commercial user shall be responsible for the construction and maintenance of the six (6) foot screening wall. This screening wall shall be constructed at the time a commercial property is developed and shall only be required adjacent to the specific commercial property that is being developed. The above referenced six (6) foot screening wall shall be constructed of stone, brick, or similar materials or any combination thereof. 1:\mbox4\prosper\pd\La Cima ExhC/05\01\00 6 L 1 J 1 1.11 Floor to. Area Ratio (FAR): The permitted floor area of all buildings located within the commercial tract shall be 5:1 (floor area ratio). 1.12 Required Parking: Parking shall be provided in accordance with Section 12,Off- Street Parking Regulations of the City of Prosper Zoning Ordinance, No. 84-16. 1.13 Land Area Permitted: The amount of acreage permitted in Tract 1 shall not exceed twenty (20) acres net of right-of-way dedications. The amount of acreage permitted in Tract 2 shall not exceed one hundred ten (110) acres net of right-of- way dedications. The --amount of acreage permitted in Tract 3 shall not exceed thirty-one (3 1) acres net of right-of-way dedications. 1.14 Commencement of Multi -Family Development: Development of Multi -Family product cannot begin until twenty-one (21) acres of Retail/Commercial Development has commenced on Tracts 2 and 3 of the Planned Development District. 2.0 Planned Development District — Single Family Residence-2 Tract 4 2.01 General Description: The Residential Tract is intended to accommodate single family residential uses. The residential units will be comprised of Single Family Residence-2 (SF-2) products. Development standards for each of the aforementioned housing type are outlined within this text. 2.02 Permitted Uses: Land uses permitted within the PD are as follows: a. Residential units as described herein. b. Private or public recreation facilities. C. Churches/rectories. d. Schools — public, private, or state accredited. e. Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts. f. Fire stations, police stations, and public safety facilities. g. Real estate sales offices during the development and marketing of the Planned Development. h. Public streets and private streets. i. Electronic security facilities including gatehouse and control counter. j. Accessory buildings and uses customarily incidental to the permitted uses. k. Temporary buildings and uses incidental to construction work on the premises, which shall be removed upon completion. 1. Municipal service centers. 1:\mbox4\prosper\pd\La Cima ExhC/05\01\00 2.03 Required Parking: Parking shall be provided in accordance with Section 12,Off- Street Parking Regulations of the City of Prosper Zoning Ordinance, No. 84-16. 2.04 Building Materials: A minimum of seventy-five (75) percent of the total exterior wall surfaces of all main buildings shall have an exterior finish of glass, stone, stucco, tile, brick, cementitious fiberboard, or similar materials, as approved by the PD Architectural Review Committee (ARC), or any combination thereof. The use of wood as a primary, exterior building material shall be limited to a maximum of twenty-five (25) percent of the total wall surfaces. 2.05 Single-Family-2: Single-Family-2 units are a form of single family, detached housing. This residential type will consist of larger units and lots, having access and frontage on a public or private street. Building and area requirements are as follows: a. Lot Area: The minimum area of any lot shall be ten thousand (10,000) square feet. b. Lot Coverage: In no case shall more than forty-five (45) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, deck, patios; porches, driveways, walks, and other paved areas shall not be included in determining maximum lot coverage. C. Lot Width: The minimum width of any lot shall not be less than eighty (80) feet at the front building line of the lot, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of seventy (70) feet along the arc at the front building line; provided all other requirements of this;section are fulfilled. Building lines may be staggered or set back at a greater distance from the right-of-way. ' d. Lot Depth: The minimum depth of any lot shall be one hundred ten (110) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid -point on front and rear lot lines, of one hundred (100) feet; provided all other requirements of this section are fulfilled. e. Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet. Front yard setbacks may vary in depth into the lots, but in no case shall be less than twenty-five (25) feet. Front porches, roof eaves, chimneys and other similar architectural elements may extend into the front yard. f. Side Yard: The minimum side yard on each side of a lot shall be seven (7) feet. A side yard for all corner lots shall not be less than fifteen (15) feet. Roof eaves, chimneys and other similar architectural elements may extend into the side yard. Lots adjacent to a six (6) foot sidewalk in an increased 1:\mbox4\prosper\pd\La Cima ExhC/05\01\00 8 �_ I J parkway shall be required to have a minimum side yard adjacent to the right-of-way of seven (7) feet. g. Rear Yard: The minimum depth of the rear yard shall be ten (10) feet for main buildings. Accessory structures shall have a minimum rear yard setback of two (2) feet. h. Building Height: Buildings shall be a maximum of two and one-half (2 %z) stories. 3.0 Planned Development District - Multiple -Family Dwelling Tract 5 3.01 General Description: Multiple Family units are attached units. These units will consist of flats (single level units) and studio (two to three level units), or a combination thereof. Access -shall be allowed from access drives or parking areas connecting to adjacent public or private streets. Requirements for the multiple family development shall be governed by standards as described below. 3.02 Permitted Uses: All uses identified in Section 9, Use of Land and Buildings, of the City of Prosper Zoning Ordinance, No. 84-16, under the heading of Multiple Family Residence -1 (NO-1) Dwelling shall be permitted within Tract 5 as indicated on the Zoning Exhibit. - 3.03 Non -Permitted Uses: Single family residences and two family residences shall not be permitted within Tract 5 of the Planned Development District. 3.04 Densi : The allowed density for Tract 5 shall be fifteen (15) units per gross acre of land. 3.05 Required Parking: Parking requirements for multi -family developments shall be provided in accordance with Section 12,Off-Street Parking Regulations of the City of Prosper Zoning Ordinance, No. 84-16. 3.06 Building Materials: All multi -family structures shall have an exterior finish of glass, stone, stucco, brick, tile, exterior wood or similar materials (as approved by the Prosper City Council) or any combination thereof. The use of wood as a primary, exterior building material shall be limited to a maximum of twenty-five (25) percent of the total exterior wall surfaces. 3.07 General Requirements: Unless otherwise approved by the Prosper City Council or their designee, a six (6) foot screening fence shall be constructed by the Owner and/or Developer of the multi -family property between areas developed for multi- family uses and those areas developed for single family residential uses. The above referenced six (6) foot screening fence shall be constructed of exterior 1\mbox4\prosper\pd\La Cima R&005\01\00 'v I U CCUU wood, stone, stucco, brick, tile, concrete, or similar materials or any combination thereof. Design of the aforementioned screening fence shall be approved by the City at the time of Site Plan approval. 3.08 Minimum Dwelling Size: The minimum floor area for multi -family units shall be six hundred fifty (650) square feet, exclusive of garages, open breezeways, and porticos. 3.09 Lot Area: The minimum area of any multi -family lot shall be ten thousand (10,000) square feet. 3.10 Lot Coverage: In no case shall more than forty-five (45) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. 3.11 Lot Width: The width of any lot shall not be less than eighty (80) feet. 3.12 Lot Depth: The minimum depth of any lot shall not be less than one hundred twenty (120) feet. 3.13 Front Yard: The minimum dept of the front yard shall be twenty-five (25) feet. 3.14 Side Yard: The minimum side yard on each side of the lot shall be fifteen (15) feet. A side yard adjacent to a street shall be a minimum of twenty-five (25) feet. A building separation of fifteen (15) feet shall be provided between multi -family structures. A minimum side yard of sixty (60) feet shall be required where units abut a single family zoning district, unless the multi -family units are less than two (2) stories in height. 3.15 Rear Yard: The minimum depth of the rear yard shall be twenty (20) feet. A minimum rear yard of sixty (60) feet shall be required where units abut a single family zoning district, unless the multi -family units are less than two (2) stories in height. 3.16 Building Height: The permitted height of all multi -family structures shall not exceed three (3) stories; provided, however, no multi -family structure shall exceed two (2) stories when located one hundred fifty (150) feet or less from a single family zoning district, unless otherwise approved by the City. 4.0 Planned Development District — General Conditions 4.01 Conformance to All Applicable Articles of the City of Prosper Zoning Ordinance: Except as amended herein, this Planned Development District shall 1Ambox4\prosper\pd\La Cima ExhC/05\01\00 10 1 v / v L4�: U 1 conform to any and all applicable articles and sections of the City of Prosper Zoning Ordinance, No. 84-16, as it presently exists. 4.02 Amenitv Center: The Developer for the Planned Development District shall provide for an amenity center which may include, but not be limited to a swimming pool, cabana, and landscaping to be owned, operated, and maintained by a property owner's association. 4.03 Zoning Exhibit: A Zoning Exhibit is hereby attached and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the land use types, approximate thoroughfare locations and project boundaries and illustrates the integration of these elements into a master plan for the whole district. 4.04 Streets: Residential streets shall consist of a fifty (50) foot right-of-way with a twenty-seven (27) foot paving section (b-b). 4.05 Maintenance of Facilities: The Owner(s) shall establish, with each preliminary plat submittal, a property owner's association, membership association or other designation that will be responsible for the improvement and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District. 4.06 Sidewalks: A four (4) foot sidewalk within the street right-of-way shall be provided at the front of all single family residential lots. Corner lots shall also provide the aforementioned requirement. 1Ambox4\prosper\pd\ia Cima ExhC/05\01\00 i 1 EXHIBIT "D" DOWDEY, ANDERSON & ASSOCIATION, INC. LA CIMA STATEMENT OF INTENT AND PURPOSE The purpose and intent of this planned development district is to provide a high quality of mixed residential, commercial and industrial uses that are compatible with the physical location of the property and the natural characteristics of the property. The commercial and industrial land uses for the overall property were planned due to the property's location adjacent to'SH 380, SH 289, Business 289 and future major thoroughfares to include the North Dallas Tollway extension. The residential land uses were considered in the land plan relative to their location adjacent to existing residential and public school property and in locations with natural features supporting quality residential neighborhoods. _7W r to eeuj EXHIBIT "E" DOWDEY, ANDERSON & ASSOCIATION, INC. LA CIMA DEVELOPMENT SCHEDULE The development schedule for the approximate four -hundred, fifteen (415) acres will be phased over the next ten (10) to fifteen (15) years and is primarily dependent on the marketability of the highest and best use of the land for the respective land tracts. The commercial tracts vary in size and location. It is conceivable that the larger commercial land tracts along Preston Road will be held for longer amounts of time in order to reserve their use for commercial development that is commensurate with larger mixed use developments when the market so demands. The development of commercial land tracts adjacent to the future North Dallas Tollway extension will be dependent on the future extension of the Tollway and the demand for quality commercial development. On the other hand, there may be more immediate opportunities to facilitate commercial service uses on smaller tracts of land required to serve the communities needs. There exists immediate market demands for affluent single family residences in the land tract adjacent to the Prosper school land. The multi -family tracts of land will be developed according to the Planned Development Ordinance and at such time as it is feasible to deliver quality multifamily housing. Jl- qr 91 ek 'r RUTH VIRGINIA OREWERY I STERLII FILE NO.96-0025732 FILE N N 180-49- 1 —N. a S. 5 6, 10, 1- 3 3 5. 04, N P" z -) of N.T.S. 1183 LAND CORP. . INC. smf FIE No. 97-0005168 LE z N.39'17'26"E 26.86' .ee-28-09-E. 1 z77.4 V N.00*58*02* W. .9 Tract 1 - A; 86. 34' K.12*37'240W. 203.02' PD-Conidor 20 Gross Acres N. 89'06'0 E. 700 19.49' :43V Al CO 0 .ie W 4` Tract 4 .4 v PD-Single-FamiliResiden *189.3 Gro*Acres 7 tj At A� 0 I NI 01 183 LAND CORP INC. ui FILE NO. 97-0005168 S. 88* 34145'W. 1657.60' 0 I. CAROL TUNG IIII VOL. 1326, 351 2i /.W,,.S. N 89-42_'4 8*37,05"W.- 514.26- 6 99.94' 1. 872 I oO.5 I' VOL 2976, PG 283 HENRY BAPVOL. 357I. PG 923 VOL 4.8�.�. P-Z -VOL•. 61 a. PG �;--OUNTY RC D NO 7 ULTIMATE RQ� 80' N. a- 5 3 14 E -3 81 8.2 9- N a 8, 5 2, 5 3E:7 6 5. 5 51 P o- 341 4 5 3413.31$ J? V . ..... . ................. ...... ........ Tract 2 PD-Corridor �S109.7 Gposs Acres .01, U.S. H G YNO. 380 VARIABLE .3 45' 100.45' 0_ 04 S cb O Tract 5 PD-MUltiple-Family Dwelling-1 !63.4 Acres Tract 3 PD-Corridor ,':S30.4 Grow Acres S.89100'0! 113.05, 0, W. 3 �C 0 0 Zoning Exhibit for: La Cima *412.809 Acres Prosper, Texas 0 ul owner. &gineer/punnW.- Mustang-MWW PWw, Ltd. DOVKWY, Ndw= & AWN D= W/ Falm RoPWRks, UC, un yap 00* &N% 9" m GaWW ForMw pan, ftm ma 1647SDales ftbft SUft= (97179310694 Deb% TOM 73M (gn)M-71= RUT II VIRGINIA OREWERY FILE NO.96-0025732 -N,68- Sol 10"E---1335.56__: 0 CORP. INC. V. 3 LAND 137-0005168 E NO. -10, TFIL Tract 1 - PD-Conidar <20 Gross Acres jr, fa Al ft- N. 89f0610 E. A. 1 9.49' 4. Tract 4 PD-Single-l"amili-Residen06-2 *189.3 GroskAcres cv 5.e8.34-45-W- 165T. 60, 0 CAROL TUNG VOL. 1326. 351 �'<< STERLING PROJECTS, INC. FILE NO. 98-0025811 [88.49' fo,y Keg.49'19'; 372,00' 102a. I S '08* 3T'00'W. S. 8 2-;5 5 •A6* 19 006 4 5' WAYNE A. ROBINSON a ' 44 VOL. 3377, PG 9�3 —COUNTY ROAD NO. 7! GURLEY L T.0 )L 4462. PG. 23 —ULTIMATE I N. all- 34' 45"E. 3413.3V `\� f ct 2 —Tra PD-Corridor �S109.7 Gross Acms 0 Z 7 400-0" (U.S. HIGRIM.- M.85-39-02 * t./ �N.88*30'58"W. 1 00.45' 200. 27' S. 88. .88, 38,25, W. 300.04' IOSPER WN OF Prosper is a place where everyone matters. To: Mayor and Town Council PLANNING Agenda Item No. 7 From: Chris Copple, AICP, Planning & Zoning Manager Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — November 9, 2010 Date: November 5, 2010 Agenda Item: A public hearing to consider and act upon a request to rezone 0.4t acre, located on the southwest corner of Coleman Street and Fifth Street (113 N. Coleman Street), from Single Family-15 (SF-15) to Downtown Retail (DTR). (Z10-0015). Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan North Single Family-15 Single Family Residential Old Town Core District — Office East Retail Convenience Store Old Town Core District — Office South Single Family-15 Undeveloped Old Town Core District — Retail West Single Family-15 Single Family Residential Old Town Core District — Retail Requested Zoning — Z10-0015 is a request to rezone 0.4t acre, located on the southwest corner of Coleman Street and Fifth Street (113 N. Coleman Street), from Single Family-15 (SF-15) to Downtown Retail (DTR). The current use of the property is Minor Automobile Repair, which is a nonconforming use. The Minor Automobile Repair use will remain a nonconforming use if the property is rezoned to DTR, because the DTR District does not allow for any Automobile Repair uses. Future Land Use Plan — The Future Land Use Plan (FLUP) recommends Old Town Core District - Retail for the property. The zoning request conforms to the FLUP. Agenda Item No. 7 - Page 1 of 2 Conformance to the Thoroughfare Plan — The property is adjacent to Coleman Street. The zoning exhibit complies with the Thoroughfare Plan. Water and Sanitary Sewer Services — Water and sanitary sewer service have been extended to the property. Access — Access to the property is provided from Coleman Street and Fifth Street. Adequate access is provided to the property. Schools — This property is located within the Prosper Independent School District (PISD). It is not anticipated that a school site will be needed on this property. Parks — It is not anticipated that this property will be needed for the development of a park. Environmental Considerations — There is no 100-year floodplain located on the property. Budoet Impact: There are no significant budget implications associated with the approval of this zoning request. Legal Obligations and Review: Zoning is discretionary. Therefore, the Town Council is not obligated to approve the request. Notification was provided to neighboring property owners as required by state law. Town staff has received two public hearing notice reply forms, with one in opposition to the request. Attached Documents: 1. Zoning Exhibit A. 2. Zoning map of surrounding area. 3. Future Land Use Plan - Old Town Core District Inset. 4. Public hearing notice reply forms. Planning & Zoning Commission Recommendation: At their October 19, 2010 meeting, the Planning & Zoning Commission recommended the Town Council approve a request to rezone 0.4t acre, located on the southwest corner of Coleman Street and Fifth Street (113 N. Coleman Street), from Single Family-15 (SF-15) to Downtown Retail (DTR), by a vote of 6-0. Town Staff Recommendation: Town staff recommends that the Town Council approve a request to rezone 0.4t acre, located on the southwest corner of Coleman Street and Fifth Street (113 N. Coleman Street), from Single Family-15 (SF-15) to Downtown Retail (DTR). Agenda Item No. 7 - Page 2 of 2 ZONNG C ZONDV SF-15 �0 1 2 PRSP CENTR L ADDITI N REF. C 4 B. C, Sh T 64J C6 UPR 20 ALLEY--- ---- ----- --- _ 7TH N ---- .... ------ ------ - -- - - ---- -- _ I 1 xrs r,r,r {am mAs aleraoron rraM RRZ — .^ x�6T i 1 ro/a [o/ID > O. Y. IRR P FrS r 1 I � STVi g• 1i BRpADVA ry �,,y 1 O TO © ® ® I © ® 2 3RD ln"V ND ZONUVG PD-45-DoN/NG sP-4, HIL L SID2 ADD/T/0 , REE. V. 2, P. �2 ls' - K ZONNG SP-15 I 1 1 1 IR, 1 1 roewaas srKtrra'tsi [rrosw rl aswr ({ p Rlrocaanwammen �r,,,,,IlSO PROSPE [u� 5th STREET vAI+Nc _ csT Is1.sr LOCATION NAP so'RD.w 5th STREET ,SCALE 1 -1500• I N 187170' W - ._ REF, K { P, O aWR 1 1 O �� L FY7SZO5 1 i 1 57 6Bi -"al°° ,-,r SP_15 1 I m �sr4*SK.RII 1 W i -- - -•6� G _ _ _ ED m m m rF [w xro ur --LL- I I I O wrs{raver I LEGEND BROAD WAY STREET rorK murowswroMl.6LCmf C.J_, ftV RRKIAIDKRr wro m.lw'tKroRC/ --T-- Iwsileswmrrryu[�Kxsrca 1 ftaro wrW N06[oaaDMKsaias I + � I 1 I I 1 1 I �_ �_ �__�_ I 6lLLl PAM! WRCVrQ�ur) AK{{AM M06 wsooses/WK f I I i f f �r I i i I Iro r[P ftaro RAN 1 I i SCAM 1•_40' ✓ I I_----�--vv---f---�--� FUP ad 7— Car Dkt Retd S9KlOfAS RAY 9.pJ'tGr4W Dt a wS W[ ITS'{6KT GROSS 0.3829 ACRE NET 0.2410 ACRE 13,NORTH COLEMAN STREET PROSPER TEXAS TJY28 ACRE /Y BR UM ADMAW BLOW 2 L07S A-IB( TDNN 0E PRD.SEt<Ti CLY//1' COlM'TY 517/GIY, UAV STdRI£Y, ABSTRACT A11 W,, Cal& COMM,, d - SF-15. 1< k DTO 'R • 'F E FIFTHST SF-15 3. �— wk b e y.... Y: + DTO p k T�� ,,1Y� � r ..y-7� �+^ .L _ f - Y• f-;=� A lz LW ! inv fir■ �. t 1 inch = 100 feet N W BROADWAY ST E BROADWAYc STe 0 25 50 100 150 n Feet ¢ " _ C �. Ir ... DTO. k . PRMPER�rRI R m RetaiM mercial Office Q Single Family - Residential - School OLD TOWN CORE DISTRIDT INSET ART_ I rO TDLj` . f I ` BME) DRY •,, HrCh'O R1r a E*UR i -LANE iR:L ' t r i I PAVE W A•R K-C-I R ra r�-r—r�ir..r.•.rr.� � .� 7 EIGHTH I'T - - r�GREE1E-ME'W-D R SF t 1'. G SEVENTH-gT t� SIXT-ST d SF' j--: �---FIFTHST a.+a•r.. - SF— =�.. is di ST COND d ,� _ PISPER OWN OF Prosper is a place where everyone matters. REPLY FORM DEVELOPMENT SERVICES DEPARTMENT P.O. Box 307 Prosper, TX 75078 Phone: 972-346-3502 Fax: 972-347-9006 SUBJECT: Zoning Case Z10-0015: The Town of Prosper has received a request to rezone 0.4f acre from Single Family-15 (SF-15) to Downtown Retail (DTR). LOCATION OF SUBJECT PROPERTY: The property is located on the southwest comer of Coleman Street and Fifth Street (113 N. Coleman Street). DESCRIPTION OF THE REQUEST: The Downtown Retail District is established to maintain existing and encourage additional retail development in the original downtown portion of the Town. Standards for vehicle parking, building set -backs, and building height are similar to those existing on developed properties in this section of the Town. V I OPPOSE the request as described in the notice of public hearing. o I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): P/V•oUG H' K C-TAI L AAEA, ,h.Ex -Dr/A�I Name (please print) 3 / 0 y f/15 z/WC7 (�►/20yE Address //- I,�'o 7X 7. � -O �s' City, State, and Zip Code t Signature Date ,�ZPHdW oly '/ 6 E-mail Address y• Prosper is a place where everyone matters. REPLY FORM DEVELOPMENT SERVICES DEPARTMENT P.O. Box 307 Prosper, TX 75078 Phone: 972-W-3502 Fax: 972-347-9006 SUBJECT: Zoning Case Z10-0015: The Town of Prosper has received a request to rezone 0.4f acre from Single Family-15 (SF-15) to Downtown Retail (DTR). LOCATION OF SUBJECT PROPERTY: The property is located on the southwest comer of Coleman Street and Fifth Street (113 N. Coleman Street). DESCRIPTION OF THE REQUEST: The Downtown Retail District is established to maintain existing and encourage additional retail development in the original downtown portion of the Town. Standards for vehicle parking, building set -backs, and building height are similar to those existing on developed properties in this section of the Town. ❑ PPOSE the request as described in the notice of public hearing. I DO NOT OPPOSE the request as described in the notice of public hearing. ` a ", ame (please print) D .� Address S�7� City, State, nd ip Code 42 Signature Date aa,e Zew/Z, 7-P -mail Address 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 Re: Town Council Meeting — November 9, 2010 Date: November 2, 2010 Agenda Item No. 8 Agenda Item: Annexation of approximately 12.693 acres of land generally located north of First Street and 4300+ feet west of Custer Road. Description of Agenda Item: Council accepted the petition for the voluntary annexation of approximately 12.693 acres of land generally located north of First Street and 4300+ feet west of Custer Road at their October 12, 2010 meeting. This is the first of two public hearings required to annex the property. Following is a service plan for the property. Budget Impact: N/A Legal Obligations and Review: N/A Attached Documents: Map and legal description Ordinance Service Plan Town Staff Recommendation: Staff recommends that Council receive any input at the public hearing. Following the public hearing, no Council action is required. Agenda Item No. 8 - Page 1 of 1 fill a% 1 gm III 9y$bu% n Is Nix kill .li. Il` 6 ,1 fix, 16 f l Ilia g� yai t� e Yg � 3 gy�j By.y((y�L65 . s Q-q% 701.1 v 'w I W.16 � 11 y� �i �. 8y�9`b�S�g�tl`@6a8■ sR�i®RF s 8S gg•gg � ${i�� ysE All R11 1%b aj�% Ib IRI gb z Y 6�g@990 9 ` b'is b %bb@` b III b tltl 9QQliB ppy y•� �t`6 5@.. 6 l 5 8 Mp 2g 9-. Y Yp% b II Nil xbj� �s bR b• 3Y x A a 6r �� $P� n •� ` ge did„ �8 ! n 91 If oil %� , g 11, ImyIm.INSdab8IIIgf11b I'll�� I I I I 21 .CIA /ZV"_""",O.M r I g \ NsJill �I I I i poly I I I F LLLL Jill �f'f O pp m 0 {{ _ J d w I— m X ■ps■■p g w ZZZ� � 1 850� < J f = 2l TOWN OF PROSPER, TEXAS ORDINANCE NO. 10-xxx AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT OF LAND SITUATED IN THE LARKIN MCCARTY SURVEY, ABSTRACT NO. 600, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 12.693 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED NORTH OF FIRST STREET AND 4300+ FEET WEST OF CUSTER ROAD MORE OR LESS IN COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE - DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF PROSPER AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town of Prosper ("Prosper") received a request from Dan Tolleson, to annex a tract of land containing approximately 12.693 acres of land, more or less; and WHEREAS, the Town Council of the Prosper ("Town Council") under the authority of Section 43.001, et seq. Local Government Code, investigated and determined that it would be advantageous and beneficial to Prosper and its inhabitants to annex the below -described property ("Property") to Prosper; and WHEREAS, the Town Council finds that all requisites relative to consideration and adoption of this Ordinance have been complied with pursuant to Chapter 43, Local Government Code; and WHEREAS, the Town Council finds that the Property the subject of this Ordinance is within the extraterritorial jurisdiction of Prosper and is adjacent and contiguous to the existing town limits of Prosper; and WHEREAS, the Town Council finds that the field notes close the boundaries of the Property being annexed; and WEHREAS, the Town Council finds that the Property the subject of this Ordinance is one-half (1/2) mile or less in width; and WHEREAS, the Town Council finds that the Property the subject of this Ordinance is vacant and without residents or fewer than three (3) qualified voters reside thereon; and WHEREAS, the Town Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and Page 1 WHEREAS, the Town Council finds the public hearings were conducted on or after the fortieth (40`h) day but before the twentieth (20t') day before the date of institution of the annexation proceedings; and WHEREAS, the Town Council finds it has completed the annexation process within ninety (90) days after the Town Council instituted annexation proceedings; and WHEREAS, the Town Council finds the proposed Service Plan for Annexed Area was prepared in compliance with law and was available for review and inspection by citizens; and WHEREAS, the Town Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. 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: Property Annexed. The Property described in the attached Exhibit "A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Prosper. SECTION 3: Service Plan. The Service Plan for the Property is attached hereto as Exhibit `B" and made a part hereof for all purposes. SECTION 4: Rights/Privileges/Bound by Ordinances and Regulations. That from and after the passage of this Ordinance, the Property shall be a part of Prosper, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Prosper and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the laws of the State of Texas. SECTION 5: Official Map and Boundaries Amended. That the official map and boundaries of Prosper are hereby amended to include the property as part of Prosper and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 6: Unlawful Use. It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Zoning Ordinance No. 84-16, and any amendments thereto; and it shall be unlawful for any person, firm Page 2 or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Zoning Ordinance No. 84-16, and any amendments thereto. SECTION 7: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. 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 immediately upon its passage. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS THIS 140' DAY OF December, 2010. ATTESTED TO AND CORRECTLY RECORDED BY: MATTHEW D. DENTON, TRMC TOWN SECRETARY RAY SMITH, MAYOR Page 3 TOWN OF PROSPER, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE: NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: SURVEY, ABSTRACT & COUNTY: CURRENT PROPERTY OWNER: 10-xxx December 14, 2010 Approximately 12.693 acres Larkin McCarty Survey, Abstract No. 600, Collin County Dan Tolleson MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR ON BEHALF OF THE TOWN OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: A. POLICE SERVICE PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES, WITHIN THE LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE PROVIDED UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF POLICE SERVICE WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. B. FIRE SERVICE 1. FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE PRESENT PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE DEPARTMENT, WITHIN THE LIMITS OF AVAILABLE WATER AND DISTANCES FROM THE EXISTING FIRE STATION, WILL BE PROVIDED TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF FIRE AND EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. ENFORCEMENT OF THE TOWN'S ENVIRONMENTAL HEALTH ORDINANCE AND REGULATIONS, INCLUDED BUT NOT LIMITED TO WEED AND BRUSH ORDINANCES, JUNKED AND ABANDONED VEHICLE ORDINANCE, AND ANIMAL CONTROL ORDINANCES, SHALL BE PROVIDED WITHIN THIS AREA 60 DAYS TO THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. THESE ORDINANCES AND REGULATIONS WILL BE ENFORCED THROUGH THE USE OF EXISTING PERSONNEL. 2. INSPECTION SERVICES, INCLUDING THE REVEIW OF BUILDING PLANS, THE ISSUANCE OF PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING, MECHANICAL, AND ELECTRICAL WORK TO ENSURE COMPLIANCE WITH TOWN CODES AND ORDINANCES WILL BE PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. EXISTING PERSONNEL WILL BE USED TO PROVIDE THESE SERVICES. 3. THE TOWN'S ZONING, SUBDIVISION, SIGN, AND OTHER ORDINANCES SHALL BE ENFORCED IN THIS AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. ALL INSPECTION SERVICES FURNISHED BY THE TOWN OF PROSPER, BUT NOT MENTIONED ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT PERSONNEL WILL BE PROVIDED TO FURNISH THIS AREA THE SAME LEVEL OF ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES AS ARE FURNISHED THROUGHOUT THE TOWN. D. PLANNING AND ZONING SERVICES THE PLANNING AND ZONING JURISDICTION OF THE TOWN WILL EXTEND TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. TOWN PLANNING WILL THEREAFTER ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE PLAN. E. PARK AND RECREATION SERVICES 1. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND RECREATIONAL SERVICES, FACILITIES, AND SITES THROUGHOUT THE TOWN, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. ADDITIONAL FACILITIES AND SITES TO SERVE THIS PROPERTY AND ITS RESIDENTS WILL BE ACQUIRED, DEVELOPED, AND MAINTAINED AT LOCATIONS AND TIMES PROVIDED BY APPLICABLE PLANS, POLICIES AND PROGRAMS AND DECISIONS OF THE TOWN OF PROSPER. THIS PROPERTY WILL BE INCLUDED IN ALL FUTURE PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. 3. THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. THE SAME LEVEL OF PARKS AND RECREATION SERVICES SHALL BE FURNISHED TO THIS PROPERTY AS IS FURNISHED THROUGHOUT THE TOWN. 4. EXISTING PARKS, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES WITHIN THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY THE TOWN, BE MAINTAINED AND OPERATED BY THE TOWN OF PROSPER, BUT NOT OTHERWISE. F. SOLID WASTE COLLECTION 1. SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN ACCORDANCE WITH EXISTING TOWN POLICIES, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. RESIDENTS OR COMMERCIAL USERS OF THIS PROPERTY UTILIZING PRIVATE COLLECTION SERVICES AT THE TIME OF ANNEXATION MAY CONTINUE TO DO SO IN LIEU OF RECEIVINH CITY SERVICES UNTIL THE SECOND ANNIVERSARY OF THE EFFECTIVE DATE OF THIS ORDINANCE. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE ON THIS PROPERTY, AND POPULATION DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE COLLECTION SHALL BE PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH THE CURRENT POLICIES OF THE TOWN AS TO FREQUENCY, CHANGES AND SO FORTH. G. STREETS 1. THE TOWN OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET MAINTENANCE, APPLICABLE THROUGHOUT THE ENTIRE TOWN, SHALL APPLY TO THIS PROPERTY BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. UNLESS A STREET WITHIN THIS PROPERTY HAS BEEN CONSTRUCTED OR IS IMPROVED TO THE TOWN'S STANDARDS AND SPECIFICATIONS, THAT STREET WILL NOT BE MAINTAINED BY THE TOWN OF PROSPER. 2. AS DEVELOPMENT, IMPROVEMENT OR CONSTRUCTION OF STREETS TO TOWN STANDARDS COMMENCE WITHIN THIS PROPERTY, THE POLICIES OF THE TOWN OF PROSPER WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON COMPLETION, AND MAINTENANCE AFTER COMPLETION, SHALL APPLY. 3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE TOWN OF PROSPER AS IS PROVIDED TO TOWN STREETS THROUGHOUT THE TOWN. 4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO TOWN STANDARDS SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT POLICIES. H. WATER SERVICES 1. CONNECTION TO EXISTING TOWN WATER MAINS FOR WATER SERVICE FOR DOMESTIC, COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION TO EXISTING MAINS, WATER WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, WATER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 ''V.) YEARS FROM THE DATE OF ADOPTION OF THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A SUBDIVISION WITHIN THIS PROPERTY, WHICHEVER OCCURS LATER. 3. WATER MAINS INSTALLED OR IMPROVED TO TOWN STANDARDS WHICH ARE WITHIN THE ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE TOWN OF PROSPER BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. THEIR OWNERS, IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHOUT THE TOWN, SHALL MAINTAIN PRIVATE WATER LINES WITHIN THIS PROPERTY. I. SANITARY SEWER SERVICES 1. CONNECTIONS TO EXISTING TOWN SANITARY SEWER MAINS FOR SANITARY SEWAGE SERVICE IN THIS AREA WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION, SANITARY SEWAGE SERVICE WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. 2. SANITARY SEWAGE MAINS AND/OR LIFT STATIONS INSTALLED OR IMPROVED TO TOWN STANDARDS, LOCATED IN APPROVED DEDICATED EASEMENTS, AND WHICH ARE WITHIN THE ANNEXED AREA AND ARE CONNECTED TO TOWN MAINS WILL BE MAINTAINED BY THE TOWN BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. PRIVATE SEWER LINES SHALL BE MAINTAINED BY THE OWNERS THEREOF IN ACCORDANCE WITH EXISTING TOWN POLICIES, PRACTICES AND REGULATIONS. 3. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SANITARY SEWER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE TOWN ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THE EXTENSIONS SHALL BE IN ACCORDANCE WITH APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 1/2) YEARS FROM THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, UNLESS THE SERVICES CANNOT BE REASONABLY PROVIDED IN THAT PERIOD, THEN TOWN SHALL PROPOSE A SERVICE SCHEDULE TO PROVIDE FOR THE PROVISION OF THE SERVICES WITHIN FOUR AND ONE- HALF (4-1/2) YEARS AFTER THAT DATE. J. MISCELLANEOUS 1. ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND UTILIZED BY THE TOWN OF PROSPER IN PROVIDING SERVICES TO THE AREA WILL BE MAINTAINED BY THE TOWN COMMENCING UPON THE DATE OF USE OR UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, WHICHEVER OCCURS LATER. 2. GENERAL MUNICIPAL ADMINISTRATION AND ADMINISTRATIVE SERVICES TO THE TOWN SHALL BE AVAILABLE TO THE ANNEXED AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 3. NOTWITHSTANDING ANYTHING SET FORT ABOVE, THIS SERVICE PLAN DOES NOT REQUIRE ALL TOWN SERVICES BE PROVIDED AS SETFORTH ABOVE IF DIFFERENTCHARACTERISTICS OF TOPOGRAPHY, LAND USE AND POPULATION DENSITY ARE CONSIDERED A SUFFICIENT BASIS FOR PROVIDING DIFFERENT LEVELS OF SERVICE. 4. THE SERVICE PLAN IS VALID FOR TEN (10) YEARS FROM THE EFFECTIVE DATE OF THE ORDINANCE. IOSPER WN 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. 9 Re: Town Council Meeting — November 9, 2010 Date: November 1, 2010 Agenda Item: Consider and act upon an ordinance amending the Fiscal Year 2009-10 Budget for municipal purposes, approving changes made in FY 2009-2010 Budget Amendment I. Description of Aaenda Item: This item is to amend the Fiscal Year 2009-10 Budget and provide for the supplemental appropriation and/or transfer of certain funds. Several Town Council approved expenditures have created the need for additional funding beyond the original budget. As Council took action on each additional expenditure, staff was instructed to postpone budget amendments until the close of the fiscal year so that only required amendments would be made. Attached is a list of projects and expenditures titled "FY 2009-10 Budget Amendment I" that details each amendment. The Local Government Code allows changes to the budget for municipal purposes under Section 102.010. The Town Charter speaks to budget amendments in Section 7.09 as shown below. SECTION 7.09 Amending the Budget Under conditions which may arise and which could not reasonably have been foreseen in the normal process of planning the budget, the Town Council may, by the affirmative vote of a majority of the full membership of the Town Council, amend or change the budget to provide for any additional expense in which the general welfare of the citizenry is involved. These amendments shall be by ordinance, and shall become an attachment to the original budget. Budget Impact: This amends the FY 2009-10 Budget to cover approved expenses over original budgeted appropriations. As we near the final close and audit of FY 2009-10, the attached amendments will be required. With revenues far exceeding conservative projections, Town staff anticipates adding at least $350,000 to the fund balance despite this amendment totaling $138,343. Agenda Item No. 9 - Page 1 of 2 Leal Oblinations and Review: N/A Attached Documents: Ordinance Amending the FY 2009-10 Budget FY 2009-10 Budget Amendment I Board/Committee Recommendation: N/A Town Staff Recommendation: Town staff recommends that the Town Council approve the ordinance amending the Fiscal Year 2009-10 Budget for municipal purposes, approving changes made in FY 2009-2010 Budget Amendment I. Agenda Item No. 9 - Page 2 of 2 ORDINANCE NO. 10-xxx AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS AUTHORIZING CERTAIN BUDGET AMENDMENTS PERTAINING TO THE FISCAL YEAR 2009-10 BUDGET, PROVIDING FOR SUPPLEMENTAL APPROPRIATIONS FOR MUNICIPAL PURPOSES IN ACCORDANCE WITH EXISTING STATUTORY REQUIREMENTS; 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, pursuant to the laws of the State of Texas and by Ordinance No. 09-110 , the Town Council of the Town of Prosper, Texas, adopted its "Original Budget for Fiscal Year 2009-2010"; and WHEREAS, the Town Council has determined that additional revenues and/or reserves are available for supplemental appropriation, and/or that the transfer of certain funds is economically feasible and in the best interest of prudent budgeting for municipal purposes; and WHEREAS, Section 7.09 of the Town Charter provides for amendments after adoption of the budget; and WHEREAS, the Town Council desires to amend said Original Budget to reflect such supplemental appropriation for Fiscal Year 2009-2010. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, COLLIN COUNTY, 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 of Budget. We the Mayor and Town Council for the Town of Prosper do hereby amend the "Original Budget for Fiscal Year 2009-2010" for municipal purposes as shown on "FY 2009-10 Budget Amendment P' attached hereto. Said Budget Amendment I shall be attached to and made part of the Original Budget by the Town Secretary and shall be filed as required by state law, a true and correct copy. SECTION 3: Supplemental Appropriation of Funds. The sums below are hereby appropriated from the respective fund(s) for the payment of expenditures on behalf of Prosper as established in FY 2009-10 Budget Amendment I: Fund Original Budget Amendment I Amended Total General Fund $ 6,397,346 $ 138,343 $ 6,535,689 Page 1 of 2 SECTION 4: Authority of Town Manager. Specific authority is hereby given to the Town Manager to transfer appropriations budgeted from one account classification or activity to another within any individual department or activity; and, to transfer appropriations from designated appropriations to any individual department or activity. SECTION 5: Savings/ RepealingClause. lause. 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 prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. 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, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 7: 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 9`h DAY OF NOVEMBER, 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 Page 2 of 2 prTOWN E R. FY 2009-10 Budget Amendment I (Fund/Department/Category/Line 10riginal Budget (Budget Amendment JAmended Budget Total General Fund Is 6397346 19 I :Zn :Ze:Z 1 t c cac can T General Fund Breakout Original Budget Budget Amendment Amended Budget Total Various Depts - IT Fees $ 67,270 $ 47,026 $ 114,296 Various Depts - Data Network $ - $ 33,296 $ 33,296 Streets Dept. -Contracted Services $ 14,700 $ 58,021 $ 72,721 Reason for Amendment IT fees were higher than anticipated with the addition of a contract for managed IT services with NCC. Prior to this, the Town had only a "break -fix" •eement with no maintenance/monitoring. Costs included numerous projects, servers, and software upgrades, restoring flood damaged pment and some end -user training on exchange and phones. The Data Network cost was expected with the approval of the Voice over IP telephone and Dispatch projects. The actual bandwidth requirements and costs to each facility were not known at the time the budget was completed. As operational costs, these were not paid for with bond funds. The Town Council authorized work to be done improving parking with additional spaces on Broadway Street in downtown. 1SPER OWN OF 1 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. 10 Re: Town Council Meeting — November 09, 2010 Date: November 03, 2010 Agenda Item: Consider and act upon a resolution amending Resolution No. 10-064, concerning the creation of an employee benefits trust, to conform to language requirements from the Texas State Comptroller's Office. Description of Agenda Item: After passage of the Resolution No. 10-064, the Town's Benefit Adviser submitted the Town's Trust document to Blue Cross Blue Shield of Texas ("BCBSTX") for review and to reduce Town's premium since the would no longer be subject to tax for BCBSTX. BCBSTX submitted the Trust document to the Texas State Comptroller's office ("Comptroller") to validate the premiums could be exempted based on the Town's Trust. The Comptroller made several noted revisions for the document to comply with its interpretation of the enabling legislation. The Comptroller revisions are provided for your review as tracked changes in the attached redlined copy. A final, clean copy is also included. Budget Impact: It is estimated this change will save the Town and employees a combined $3,800 in the FY2010-11 Budget; this will be much more as Town premiums increase with inflation and new employees added to the plans. Legal Obligations and Review: This resolution and accompanying documents were reviewed and revised by the Texas State Comptroller's Office. Attached Documents: Resolution Redlined Declaration of Trust Document Final Declaration of Trust Document Agenda Item No. 10 - Page 1 of 2 Board. Committee and/or Staff Recommendation: Town staff recommends that the Town Council approve the resolution amending Resolution No. 10-064, concerning the creation of an employee benefits trust, to conform to language requirements from the Texas State Comptroller's Office. Agenda Item No. 10 - Page 2 of 2 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING RESOLUTION NO. 10-064 TO CONFORM TO STATE LANGUAGE REQUIREMENTS, AUTHORIZING CREATION OF AN EMPLOYEE BENEFITS TRUST; DESIGNATING ALL MEMBERS OF THE TOWN COUNCIL TO BE TRUSTEES OF SAID TRUST; AND AUTHORIZING THE TRUST TO PURCHASE VARIOUS FORMS OF INSURANCE FOR THE BENEFIT OF TOWN OFFICERS, EMPLOYEES, QUALIFIED RETIREES, AND THEIR DEPENDENTS. WHEREAS, the Town of Prosper, Texas (the "Town") provides or offers various employee benefits to its employees, including health, dental, and life insurance, and disability benefits; and WHEREAS, state law imposes a tax upon the receipt of gross premiums and revenues associated with such benefits; and WHEREAS, state law also authorizes the exemption of such premiums and revenues from state law, provided that the Town establishes and maintains the funds under the ownership and control of a single, nonprofit trust; and WHEREAS, the Town Council of the Town finds it to he in the public interest to authorize the creation of an Employee Benefits Trust for the reasons provided above; now, therefore, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: Section 1. The Town Council hereby amends Resolution No. 10-064, concerning the creation of an employee benefits trust, to conform to language requirements from the Texas State Comptroller's Office authorizing the creation of an Employee Benefits Trust, designating all members of the Town Council to be Trustees of said Trust, and authorizing the Trust to purchase various forms of insurance for the benefit of Town officers, employees, qualified retirees, and their dependents, all of which is pursuant to the Declaration of Trust attached as Exhibit "A." PASSED, APPROVED, AND RESOLVED this 9t' day of November 2010. ATTEST: Matthew D. Denton, Town Secretary Ray Smith, Mayor 1 EXHIBIT "A" DECLARATION OF TRUST I. CREATION OF TRUST The Town of Prosper ("Town"), as Settlor or creator of the trust, designates the members of the Town of Prosper Town Council to be Trustees and declares that the Town holds in trust the funds described in Schedule A attached hereto and incorporated herein by reference, which is the property of the Town, and all substitutions and additions to such funds, for the purpose of providing or offering, whether now or possibly in the future, life, disability, sick, accident, and other health benefits to the Town's officers, employees, and qualified retirees and their dependents. H. PURPOSE This is a nonprofit trust created for the purpose of providing or offering, whether now or possibly in the future, Town officers, employees, and qualified retirees and their dependents with life, disability, sickness, accident, and other health benefits either directly or through the purchase of insurance and to perform operations in furtherance thereof. The Trust is intended to qualify as a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code (the "Code"). DURATION The Trust shall continue until terminated by operation of law or by majority vote of the Trustees. IV. TRUSTEES: COMPOSITION, OFFICERS, COMPENSATION, AND MEETINGS A. Composition. The Trustees are the members of the Town Council, and each Trustee's term is contemporaneous with his or her term of office as a Member of the Town Council. Whenever a Trustee ceases to be a member of the Town Council, the person succeeding him or her in office will automatically be appointed to serve as a successor Trustee of the Trust. B. Officers. The Mayor shall serve as Chairman and shall preside at meetings of the Trustees and shall have all such other powers as are conferred herein or by majority vote of the Trustees at a duly called meeting at which a quorum is present. The Mayor Pro Tern shall serve as Vice Chairman and shall preside at meetings of the Trustees whenever the Chairman is absent. The Secretary shall rotate, coinciding with the Town's Fiscal Year, between the Councilmembers 2 based upon their designated places, skipping the Mayor Pro Tem and beginning with the Councilmember for Place 1. The Secretary will oversee the preparation of meeting agendas, giving notice of meetings to the Trustees, and the minutes of the meetings of the Trustees. C. Compensation. The Trustees shall be reimbursed for all reasonable and necessary expenses incurred by them in the performance of their duties and will otherwise receive no compensation for their service as Trustees. D. Meetings. A meeting of the Trustees may be called by the Chairman or on written request to the Chairman by two or more Trustees. Trustees shall have at least three days written notice of any meeting. For purposes of this section, electronic mail notice is written notice. V. RIGHTS, POWERS, AND DUTIES OF TRUSTEES; QUORUM AND VOTING A. Rights, Powers, and Duties. In addition to all other powers and duties conferred on them by this Trust document and imposed or authorized by law, the Trustees shall have the following powers and duties, but only to the extent permissible for a single purpose non-profit trust under Section 222.002(c)(5) of the Texas Insurance Code: 1. The Trustees shall carry out all of the duties necessary for the proper operation and administration of the Trust on behalf of the covered persons and shall have all the powers necessary and desirable for the effective administration of the affairs of the Trust. 2. The Trustees have the general power to make and enter into all contracts, leases, and agreements necessary or convenient to carry out any of the powers granted by this Trust document or by law or to effectuate the purpose of the Trust. All such contracts, leases, and agreements or any other legal documents herein authorized shall be approved by the Trustees by majority vote at a duly called meeting at which a quorum is present and signed by the Chairman on behalf of the Trust. The Trustees may also designate another Trustee to sign such documents. 3. The Trustees shall use the Trust's funds to accomplish the purpose of the Trust, as described in Section II herein, and to operate and administer the Trust solely in the interest of the covered Town officers, employees, and qualified retirees and dependents thereof and for the exclusive purpose of providing or offering benefits to such persons and defraying the reasonable expenses of administration of the Trust. To this end, the Trustees may purchase life, disability, or accident and health insurance to provide or offer coverage for participating Town officers, employees, and qualified retirees and their dependents. The Trustees may also adopt a health benefits plan that covers eligible Town officers, employees, and qualified retirees, and their dependents. 4. The Trustees may accept contributions to the Trust funds from any source including contributions from covered persons receiving benefits from the Trust. 5. The Trustees shall be authorized to contract with any qualified organization to perform any of the functions necessary for providing or offering life, disability, sick, accident, 3 and other health benefits, including but not limited to excess loss insurance, stop loss insurance, claims administration, administrative services, and any other services that the Trustees shall deem expedient for the proper operation of the Trust. When required by law or desired by the Trustees, the Trustees shall seek sealed competitive bids or sealed competitive proposals with respect to contracts required to carry out the operations of the Trust and to affect the purpose of the Trust. 6. The Trustees shall arrange for the investing of the funds of the Trust so as to keep the same invested according to law and at the best interest rates obtainable for the benefit of the covered persons. The Trustees may hire money managers and shall adopt an investment policy for its own use and that of its agents in making investments. The Trustees shall select a depository for the Trust's funds and provide for the proper security of any and all investments. The Trustees shall designate signatories for the Trust's depository accounts. 7. The Trustees may purchase insurance for the Trustees and any other fiduciaries appointed by the Trustees and for the Trust itself to cover liability or losses occurring by reason of the act or omission of any one or more of the Trustees or any other fiduciary appointed by them. Any insurance purchased by the Trustees must give the insurer recourse against the Trustees or other fiduciaries concerned for breach of any fiduciary obligation or fiduciary duty owed to the Trust. 8. The Trustees shall arrange for proper accounting and reporting procedures for the Trust's funds and shall also provide for an annual audit of the Trust's financial affairs by a certified public accountant. 9. The Trustees may retain legal counsel to represent the Trust and the Trustees in all legal proceedings as well as to advise the Trust and the Trustees on all matters pertaining to the operation and administration of the Trust. 10. The Trustees have the authority to terminate the Trust at any time. 11. Upon termination of the Trust, the Trustees shall provide for the payment of Trust obligations, debts, losses, and other liabilities and shall provide for the disposition of the remaining Trust funds in accordance with Section IX herein. B. Quorum and Voting. A majority of the Trustees shall constitute a quorum for the transaction of business at any meeting of the Trustees and the vote of a majority of the Trustees present shall be required for approval of any action at such meeting. The vote of such majority of the Trustees at such meeting shall constitute action of the Trustees as a group. 4 1'/ 0 BENEFICIARIES The beneficiaries of the Trust are the Town officers, employees, and qualified retirees and their dependents who are covered by a life, disability, sick, accident, or other health benefits plan purchased or adopted by the Trust (also called "covered persons" herein). Beneficiaries may make contributions to the Trust for use by the Trustees in fulfilling the purposes of the Trust. No beneficiary shall have any claim against the funds or any other property of the Trust. The rights and interests of the beneficiaries are limited to the insurance or health benefits specified in any policy purchased or plan adopted by the Trustees. VII. TRUST FUNDS The Trust funds consist of the funds described in Schedule A hereto as provided by the Settlor to institute this Trust, future contributions by the Settlor, beneficiary contributions, investment income, and any other money or property which shall come into the hands of the Trustees in connection with the administration of the Trust. The funds of the Trust shall not inure to the benefit of, or be distributed to, any private person, except for the payment of necessary costs and benefits described below. The Trustees may use the Trust's funds as follows: to pay premiums on group health, accident and life policies or contracts; 2. to make authorized investments and paying fund management fees from the proceeds of the investment. VIII. LIABILITY OF TRUSTEES AND OFFICERS The Trustees shall use ordinary care and reasonable diligence in the exercise of their powers and the performance of their duties hereunder; and they shall not be liable for any mistake of judgment or other action made, taken or omitted by them in good faith, nor for any action taken or omitted by any agent, employee or independent contractor selected with reasonable care; nor for loss incurred through investment of the Trust funds or failure to invest. No Trustee shall be liable for any action taken or omitted by any other Trustee. No Trustee shall be required to give a bond or other security to guarantee the faithful performance of his or her duties hereunder. To the fullest extent permitted by law: (a) the Town shall indemnify each Trustee who was, is, or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding ("Proceeding"), any appeal therein, or any inquiry or investigation preliminary thereto, by reason of the fact that the Trustee is or was a Trustee; (b) the Town shall pay or reimburse a Trustee for expenses incurred (i) in advance of the final disposition of a 5 Proceeding to which such Trustee was, is or is threatened to be made a party, and (ii) in connection with such Trustee's appearance as a witness or other participation in any Proceeding. Ix AMENDMENT, REVOCATION AND TERMINATION This Declaration of Trust and the Trust created herein shall terminate when and if required by operation of law. The Trustees shall have the power to amend, modify, terminate or revoke, in whole or in part, this Declaration of Trust and the Trust created herein by majority vote at a duly called meeting at which a quorum is present. Notwithstanding the foregoing, the Trustees shall have no power to amend Section II of this Declaration of Trust. Beneficiaries of the Trust shall have no right to amend this Declaration of Trust, and their approval shall not be a condition or requirement for an authorized amendment by the Trustees. Upon termination of the Trust, the Trustees shall pay all obligations, debts, losses, and other liabilities of the Trust. Thereafter, the Trustees shall first use the remaining trust funds to pay covered claims of persons covered under the Town's health benefits plan that may be in effect at the time of termination of the Trust and then, either apply any remaining balance of the funds to provide the benefits described herein or transfer such funds to a successor whose income is excluded under Section 115(1) of the Code. Notwithstanding the foregoing, the Trustees, upon termination of the Trust and payment of all Trust obligations may, by vote of a majority of the Trustees, transfer the remaining funds or any portion thereof to the trustees of any trust or trusts established by the Town for a substantially similar purpose to be applied for uses substantially similar to those set forth in Section II herein. 6 0 GOVERNING LAW This Declaration of Trust and the Trust created herein shall be construed and governed by the laws of the State of Texas in force from time to time. XI. MISCELLANEOUS Whenever the context so admits and such treatment is necessary to interpret this Declaration of Trust in accordance with its apparent intent, the use herein of the singular shall include the plural, and vice versa, and the use of the feminine, masculine, or neuter gender shall be deemed to include the other genders. The captions or headings above the various Sections of this Declaration of Trust have been included only to facilitate the location of the subjects covered by each Section but shall not be used in construing this Declaration Trust. If any clause or provision of this Declaration of Trust proves to be or is adjudged invalid or void for any reason, such invalid or void clause, provision, or portion shall not affect the whole, but the balance of the provisions hereof shall remain operative and shall be carried into effect insofar as is legally possible. [REMAINDER OF PAGE INTENTIONALLY BLANK; SIGNATURE PAGE FOLLOWS. ] 7 IN WITNESS HEREOF, the undersigned parties have executed this Declaration of Trust, consisting of ten (10) pages and Schedule A attached hereto, on the dates of their respective acknowledgments below. By joining in the execution of this Declaration of Trust, the Trustees acknowledge receipt of the property described in Schedule A, signify acceptance of the Trust created hereunder, and covenant that the Trust will be executed with all due fidelity. This Trust is effective as of the last date of signature below. Mayor Ray Smith, Settlor Date Dave Benefield, Trustee Date Kenneth Dugger, Trustee Date David Vestal, Trustee Date Meigs Miller, Trustee Date Danny Wilson, Trustee Date Jason Dixon, Trustee Date ACKNOWLEDGMENTS THE STATE OF TEXAS § COUNTY Of COLLIN § This instrument was acknowledged before me on this day of 2010, by Ray Smith, Mayor of the Town of Prosper on behalf of the Town. Notary Public In and For the State of Texas (SEAL) THE STATE OF TEXAS § COUNTY Of COLLIN § This instrument was acknowledged before me on this day of 2010, by Dave Benefield. Notary Public In and For the State of Texas (SEAL) THE STATE OF TEXAS § COUNTY Of COLLIN § This instrument was acknowledged before me on this day of 2010, by Kenneth Dugger. (SEAL) Notary Public In and For the State of Texas 9 THE STATE OF TEXAS § COUNTY Of COLLIN § This instrument was acknowledged before me on this day of 2010, by David Vestal. Notary Public In and For the State of Texas (SEAL) THE STATE OF TEXAS § COUNTY Of COLLIN § This instrument was acknowledged before me on this day of 2010, by Meigs Miller. Notary Public In and For the State of Texas (SEAL) THE STATE OF TEXAS § COUNTY Of COLLIN § This instrument was acknowledged before me on this day of 2010, by Danny Wilson. (SEAL) Notary Public In and For the State of Texas 10 THE STATE OF TEXAS § COUNTY Of COLLIN § This instrument was acknowledged before me on this day of 2010, by Jason Dixon. Notary Public In and For the State of Texas (SEAL) SCHEDULE A The following is a list of the assets initially transferred by the Town of Prosper, Texas, to the Trust: Town of Prosper's first month (December 2010) contributions for Employee and Dependents Medical/Pharmacy Benefits, Dental Benefits, Life Insurance Benefits, and Long -Term Disability Benefits. Town of Prosper's Employee and Dependents first month (December 2010) of Plan Year's payroll deductions or contributions for Medical/Pharmacy Benefits, Dental Benefits, Life Insurance Benefits, and Long -Term Disability Insurance Benefits. 12 3107200.3/SP/17690/0102/062510 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING RESOLUTION NO. 10-064 TO CONFORM TO STATE LANGUAGE REQUIREMENTS. AUTHORIZING CREATION OF AN EMPLOYEE BENEFITS TRUST; DESIGNATING ALL MEMBERS OF THE TOWN COUNCIL TO BE TRUSTEES OF SAID TRUST; AND AUTHORIZING THE TRUST TO PURCHASE VARIOUS FORMS OF INSURANCE FOR THE BENEFIT OF TOWN OFFICERS, EMPLOYEES, QUALIFIED RETIREES, AND THEIR DEPENDENTS. WHEREAS, the Town of Prosper, Texas (the "Town") provides or offers various employee benefits to its employees, including health, dental, and life insurance, and disability benefits; and WHEREAS, state law imposes a tax upon the receipt of gross premiums and revenues associated with such benefits; and WHEREAS, state law also authorizes the exemption of such premiums and revenues from state law, provided that the Town establishes and maintains the funds under the ownership and control of a single, nonprofit trust; and WHEREAS, the Town Council of the Town finds it to he in the public interest to authorize the creation of an Employee Benefits Trust for the reasons provided above; now, therefore, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: Section 1. The Town Council hereby amends Resolution No. 10-064, concerning the , Formatted: Font: (Default) Tmes New Roman, creation of an employee benefits trust, to conform to language requirements from the Texas State 12 pt Comptroller's Office authorizinges the creation of an Employee Benefits Trust, designating all Formatted: Font: (Default) Times New Roman, members of the Town Council to be Trustees of said Trust, and authorizing the Trust to purchase 12 pt various forms of insurance for the benefit of Town officers, employees, qualified retirees, and their dependents, all of which is pursuant to the Declaration of Trust attached as Exhibit "A" PASSED, APPROVED, AND RESOLVED this 9-W day of Ad-y-November 2010. Ray Smith, Mayor ATTEST: Matthew D. Denton, Town Secretary EXHIBIT "A" DECLARATION OF TRUST I. CREATION OF TRUST The Town of Prosper ("Town"), as Settlor or creator of the trust, designates the members of the Town of Prosper Town Council to be Trustees and declares that the Town holds in trust the funds described in Schedule A attached hereto and incorporated herein by reference, which is the property of the Town, and all substitutions and additions to such funds, for the purpose of providing or offering, whether now or possibly in the future, life, disability, sick, accident, and other health benefits to the Town's officers, employees, and qualified retirees and their dependents. II. PURPOSE This is a nonprofit trust created for the purpose of providing or offering, whether now or possibly in the future, Town officers, employees, and qualified retirees and their dependents with life, disability, sickness, accident, and other health benefits either directly or through the purchase of insurance and to perform operations in furtherance thereof. The Trust is intended to qualify as a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code (the "Code"). DURATION The Trust shall continue until terminated by operation of law or by majority vote of the Trustees. IV. TRUSTEES: COMPOSITION, OFFICERS, COMPENSATION, AND MEETINGS A. Composition. The Trustees are the members of the Town Council, and each Trustee's term is contemporaneous with his or her term of office as a Member of the Town Council. Whenever a Trustee ceases to be a member of the Town Council, the person succeeding him or her in office will automatically be appointed to serve as a successor Trustee of the Trust. B. Officers. The Mayor shall serve as Chairman and shall preside at meetings of the Trustees and shall have all such other powers as are conferred herein or by majority vote of the Trustees at a duly called meeting at which a quorum is present. The Mayor Pro Tern shall serve as Vice Chairman and shall preside at meetings of the Trustees whenever the Chairman is absent. The Secretary shall rotate, coinciding with the Town's Fiscal Year, between the Councilmembers based upon their designated places, skipping the Mayor Pro Tern and beginning with the Councilmember for Place 1. The Secretary will oversee the preparation of meeting agendas, giving notice of meetings to the Trustees, and the minutes of the meetings of the Trustees. C. Compensation. The Trustees shall be reimbursed for all reasonable and necessary expenses incurred by them in the performance of their duties and will otherwise receive no compensation for their service as Trustees. D. Meetings. A meeting of the Trustees may be called by the Chairman or on written request to the Chairman by two or more Trustees. Trustees shall have at least three days written notice of any meeting. For purposes of this section, electronic mail notice is written notice. V. RIGHTS, POWERS, AND DUTIES OF TRUSTEES; QUORUM AND VOTING A. Rights, Powers, and Duties. In addition to all other powers and duties conferred on them by this Trust document and imposed or authorized by law, the Trustees shall have the following powers and duties, but only to the extent permissible for a single purpose non-profit trust under Section 222.002(c)(5) of the Texas Insurance Code: 1. The Trustees shall carry out all of the duties necessary for the proper operation and administration of the Trust on behalf of the covered persons and shall have all the powers necessary and desirable for the effective administration of the affairs of the Trust. 2. The Trustees have the general power to make and enter into all contracts, leases, and agreements necessary or convenient to carry out any of the powers granted by this Trust document or by law or to effectuate the purpose of the Trust. All such contracts, leases, and agreements or any other legal documents herein authorized shall be approved by the Trustees by majority vote at a duly called meeting at which a quorum is present and signed by the Chairman on behalf of the Trust. The Trustees may also designate another Trustee to sign such documents. 3. The Trustees shall use the Trust's funds to accomplish the purpose of the Trust, as described in Section II herein, and to operate and administer the Trust solely in the interest of the covered Town officers, employees, and qualified retirees and dependents thereof and for the exclusive purpose of providing or offering benefits to such persons and defraying the reasonable expenses of administration of the Trust. To this end, the Trustees may purchase life, disability, or accident and health insurance to provide or offer coverage for participating Town officers, employees, and qualified retirees and their dependents. The Trustees may also adopt a health benefits plan that covers eligible Town officers, employees, and qualified retirees, and their dependents. 4. The Trustees may accept contributions to the Trust funds from any source including contributions from covered persons receiving benefits from the Trust. 5. The Trustees shall be authorized to contract with any qualified organization to perform any of the functions necessary for providing or offering life, disability, sick, accident, and other health benefits, including but not limited to excess loss insurance, stop loss insurance, claims administration, administrative services, and any other services that the Trustees shall deem expedient for the proper operation of the Trust. When required by law or desired by the Trustees, the Trustees shall seek sealed competitive bids or sealed competitive proposals with respect to contracts required to carry out the operations of the Trust and to affect the purpose of the Trust. 6. The Trustees shall arrange for the investing of the funds of the Trust so as to keep the same invested according to law and at the best interest rates obtainable for the benefit of the covered persons. The Trustees may hire money managers and shall adopt an investment policy for its own use and that of its agents in making investments. The Trustees shall select a depository for the Trust's funds and provide for the proper security of any and all investments. The Trustees shall designate signatories for the Trust's depository accounts. 7. The Trustees may purchase_, out of the T.. st Funds, insurance for the Trustees and any other fiduciaries appointed by the Trustees and for the Trust itself to cover liability or losses occurring by reason of the act or omission of any one or more of the Trustees or any other fiduciary appointed by them. Any insurance purchased by the Trustees must give the insurer recourse against the Trustees or other fiduciaries concerned for breach of any fiduciary obligation or fiduciary duty owed to the Trust. Formatted: Indent: First line: 0" 8. The Trustees shall arrange for proper accounting and reporting procedures for the Trust's funds and shall also provide for an annual audit of the Trust's financial affairs by a certified public accountant. 9. The Trustees may retain legal counsel to represent the Trust and the Trustees in all legal proceedings as well as to advise the Trust and the Trustees on all matters pertaining to the operation and administration of the Trust. 10. The Trustees have the authority to terminate the Trust at any time. 11. Upon termination of the Trust, the Trustees shall provide for the payment of Trust obligations, debts, losses, and other liabilities and shall provide for the disposition of the remaining Trust funds in accordance with Section IX herein. 1 a. The Trustees the "�crtc-t'JPt�e' to b " ise -shag invest, cv-Ccc"c�uirc-vT-ParcrnsSe�remcr�rroc� theF Fvcanr tai eand manage, demoli e lease fer eFeplaee,abanden, and dispose assets; w a...,, e,.vn .-rysc. en8UFHbOF, T-Fustith !i-Mse ef any asset of the f e te for- these f e withotit appraisal, and give eptiefis to hold title in the ete abandee e elaims� fiame of a Trust;epemAien the f of feF eto set up and maintain reasonable reseFN,es taxes, e umse mpaiFS, ....1 .« «te..anee f buildings .. « «e«t.. edepletien,ameFtization, ., . to a �, , rr.uniwr.u..at. vi o aeeeantants, brekers, attemeys-in feet, otheF aaemeys-at-law, , E! etheF tax speeialiSts—Fealters.. piey agents-, , investment B. Quorum and Voting. A majority of the Trustees shall constitute a quorum for the transaction of business at any meeting of the Trustees and the vote of a majority of the Trustees present shall be required for approval of any action at such meeting. The vote of such majority of the Trustees at such meeting shall constitute action of the Trustees as a group. VI. BENEFICIARIES The beneficiaries of the Trust are the Town officers, employees, and qualified retirees and their dependents who are covered by a life, disability, sick, accident, or other health benefits plan purchased or adopted by the Trust (also called "covered persons" herein). Beneficiaries may make contributions to the Trust for use by the Trustees in fulfilling the purposes of the Trust. No beneficiary shall have any claim against the funds or any other property of the Trust. The rights and interests of the beneficiaries are limited to the insurance or health benefits specified in any policy purchased or plan adopted by the Trustees. VII. TRUST FUNDS The Trust funds consist of the funds described in Schedule A hereto as provided by the Settlor to institute this Trust, future contributions by the Settlor, beneficiary contributions, investment income, and any other money or property which shall come into the hands of the Trustees in connection with the administration of the Trust. The funds of the Trust shall not inure to the benefit of, or be distributed to, any private person, except for the payment of necessary costs and benefits described below. The Trustees may use the Trust's funds as follows: 12. to pay premiums en nI insuranee polieies—puFehased by theT+umon roue health, accident and life policies or contracts:; 23. to make authorized investments and _ pang fund_ management fees from the proceeds of the investment.; VIII. LIABILITY OF TRUSTEES AND OFFICERS The Trustees shall use ordinary care and reasonable diligence in the exercise of their powers and the performance of their duties hereunder; and they shall not be liable for any mistake of judgment or other action made, taken or omitted by them in good faith, nor for any action taken or omitted by any agent, employee or independent contractor selected with reasonable care; nor for loss incurred through investment of the Trust funds or failure to invest. No Trustee shall be liable for any action taken or omitted by any other Trustee. No Trustee shall be required to give a bond or other security to guarantee the faithful performance of his or her duties hereunder. To the fullest extent permitted by law: (a) the Tmst-Town shall indemnify each Trustee who was, is, or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding ("Proceeding"), any appeal therein, or any inquiry or investigation preliminary thereto, by reason of the fact that the Trustee is or was a Trustee; (b) the T-R►st Town shall pay or reimburse a Trustee for expenses incurred (i) in advance of the final disposition of a Proceeding to which such Trustee was, is or is threatened to be made a party, and (ii) in connection with such Trustee's appearance as a witness or other participation in any Proceeding. IX. AMENDMENT, REVOCATION AND TERMINATION This Declaration of Trust and the Trust created herein shall terminate when and if required by operation of law. The Trustees shall have the power to amend, modify, terminate or revoke, in whole or in part, this Declaration of Trust and the Trust created herein by majority vote at a duly called meeting at which a quorum is present. Notwithstanding the foregoing, the Trustees shall have no power to amend Section II of this Declaration of Trust. Beneficiaries of the Trust shall have no right to amend this Declaration of Trust, and their approval shall not be a condition or requirement for an authorized amendment by the Trustees. Upon termination of the Trust, the Trustees shall pay all obligations, debts, losses, and other liabilities of the Trust. Thereafter, the Trustees shall first use the remaining trust funds to pay covered claims of persons covered under the Town's health benefits plan that may be in effect at the time of termination of the Trust and then, either apply any remaining balance of the funds to provide the benefits described herein or transfer such funds to a successor whose income is excluded under Section 115(1) of the Code. Notwithstanding the foregoing, the Trustees, upon termination of the Trust and payment of all Trust obligations may, by vote of a majority of the Trustees, transfer the remaining funds or any portion thereof to the trustees of any trust or trusts established by the Town for a substantially similar purpose to be applied for uses substantially similar to those set forth in Section II herein. X. GOVERNING LAW This Declaration of Trust and the Trust created herein shall be construed and governed by the laws of the State of Texas in force from time to time. XI. MISCELLANEOUS Whenever the context so admits and such treatment is necessary to interpret this Declaration of Trust in accordance with its apparent intent, the use herein of the singular shall include the plural, and vice versa, and the use of the feminine, masculine, or neuter gender shall be deemed to include the other genders. The captions or headings above the various Sections of this Declaration of Trust have been included only to facilitate the location of the subjects covered by each Section but shall not be used in construing this Declaration Trust. If any clause or provision of this Declaration of Trust proves to be or is adjudged invalid or void for any reason, such invalid or void clause, provision, or portion shall not affect the whole, but the balance of the provisions hereof shall remain operative and shall be carried into effect insofar as is legally possible. [REMAINDER OF PAGE INTENTIONALLY BLANK, • SIGNATURE PAGE FOLLOWS. ] 9 IN WITNESS HEREOF, the undersigned parties have executed this Declaration of Trust, consisting of ten (10) pages and Schedule A attached hereto, on the dates of their respective acknowledgments below. By joining in the execution of this Declaration of Trust, the Trustees acknowledge receipt of the property described in Schedule A, signify acceptance of the Trust created hereunder, and covenant that the Trust will be executed with all due fidelity. This Trust is effective as of the last date of signature below. Mayor Ray Smith, Settlor Date Dave Benefield, Trustee Date Kenneth Dugger, Trustee Date David Vestal, Trustee Date Meigs Miller, Trustee Date Danny Wilson, Trustee Date Jason Dixon, Trustee Date 10 ACKNOWLEDGMENTS THE STATE OF TEXAS § COUNTY Of COLLIN § This instrument was acknowledged before me on this day of 2010, by Ray Smith, Mayor of the Town of Prosper on behalf of the Town. Notary Public In and For the State of Texas (SEAL) THE STATE OF TEXAS § COUNTY Of COLLIN § This instrument was acknowledged before me on this day of 2010, by Dave Benefield. Notary Public In and For the State of Texas (SEAL) THE STATE OF TEXAS § COUNTY Of COLLIN § This instrument was acknowledged before me on this day of 2010, by Kenneth Dugger. (SEAL) II Notary Public In and For the State of Texas THE STATE OF TEXAS § COUNTY Of COLLIN § This instrument was acknowledged before me on this day of 2010, by David Vestal. Notary Public In and For the State of Texas (SEAL) THE STATE OF TEXAS § COUNTY Of COLLIN § This instrument was acknowledged before me on this day of 2010, by Meigs Miller. Notary Public In and For the State of Texas (SEAL) THE STATE OF TEXAS § COUNTY Of COLLIN § This instrument was acknowledged before me on this day of 2010, by Danny Wilson. (SEAL) 12 Notary Public In and For the State of Texas THE STATE OF TEXAS COUNTY Of COLLIN This instrument was acknowledged before me on this day of 2010, by Jason Dixon. (SEAL) 13 Notary Public In and For the State of Texas SCHEDULEA The following is a list of the assets initially transferred by the Town of Prosper, Texas, to the Trust: Town of Prosper's first month (August --December 2010) contributions for Employee and Dependents Medical/Pharmacy Benefits, Dental Benefits, Life Insurance Benefits, and Long -Term Disability Benefits. Town of Prosper's Employee and Dependents first month (August —December 2010) of Plan Year's payroll deductions or contributions for Medical/Pharmacy Benefits, Dental Benefits, Life Insurance Benefits, and Long -Term Disability Insurance Benefits. 14 3107200.3/SP/17690/0102/062510 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. 11 Re: Town Council Meeting — November 9, 2010 Date: November 2, 2010 Agenda Item: Consider and act upon appointing an individual to the Planning and Zoning Commission to fill and unexpired term. Description of Aaenda Item: Sam Johnson resigned from the Planning and Zoning Commission October 21, 2010. His term will expire September 2011. Budaet Impact: There is no impact on the budget. Leaal Obligations and Review: N/A Attached Documents: Resignation Letter from Sam Johnson Applications Town Staff Recommendation: Town Staff recommends that Council appoint an individual to the Planning and Zoning Commission to fill and unexpired term. Agenda Item No. 11 - Page 1 of 1 IOSPER WN OF Prosper is a place where everyone matters. To: From: Cc: Re: Date: Agenda Item: ENGINEERING Agenda Item No. 12 Mayor and Town Council Michael Bulla, CIP Project Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Mike Land, Town Manager Town Council Meeting — November 09, 2010 November 03, 2010 Consider and act upon 1) an award of bid to Superscapes Landscaping, Inc., 2) enter into a contract agreement with Superscapes, Inc., regarding the construction services for the Prosper Trail Landscaping Project and 3) adopt a resolution authorizing the Town Manager to execute the same. Description of Agenda Item: On November 2, 2010 at 2:00pm, ten (10) bids were opened for the Prosper Trail Landscaping Project. This project includes the installation of landscaping and irrigation improvements within the medians of the newly constructed roadway. This project will also improve the landscaping and irrigation in the parkways adjacent to the Preston Lakes and Trails of Prosper subdivisions. Superscapes Landscaping, Inc. was the low bidder at $285,640.00. Due to the size and scope of this project, a contingency amount of $10,000.00 will be added to the lowest bid amount to ensure efficiency when dealing with varying quantities and any unforeseen items during construction. Budget Impact: The total cost of the construction contract is $295,640.00 and will be funded from the 2008 CO Bonds. Legal Obligations and Review: The contract is a standard construction contract previously approved by the Town Attorney. Attached Documents: The following documentation is being provided for review: 1. Bid Tabulations 2. Copy of Contract Agreement 3. Location Map 4. Resolution Agenda Item No. 12 - Page 1 of 2 Town Staff Recommendation: Town staff recommends that the Town Council: 1) approve the bid to Superscapes Landscaping, Inc, in the amount of $295,640.00, 2) enter into a contract agreement with Superscapes Landscaping, Inc., regarding the construction services for the Prosper Trail Landscaping Project and 3) adopt a resolution authorizing the Town Manager to execute the same. Agenda Item No. 12 - Page 2 of 2 TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A CONTRACT AGREEMENT FOR CONSTRUCTION SERVICES FOR THE PROSPER TRAIL LANDSCAPING PROJECT BETWEEN SUPERSCAPES LANDSCAPING, LLC, 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 contract agreement for construction services for the Prosper Trail Landscaping Project, between Superscapes Landscaping, LLC, and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 9th day of November, 2010. Ray Smith, Mayor ATTEST TO: Matthew Denton Town Secretary STANDARD FORM OF AGREEMENT STATE OF TEXAS § COUNTY OF § THIS AGREEMENT, made and entered into this day of , 2010, by and between the TOWN OF PROSPER, TEXAS, a Texas Municipal Corporation, of the County of Collin and State of Texas, acting through Mike Land thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and Superscapes Landscaping, Inc. of the City of Prosper, County of Collin, and State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, and under the conditions expressed in the bond bearing even date herewith, the said CONTRACTOR hereby agrees with the said OWNER to commence and complete the construction of certain improvements generally described as follows: --- PROSPER TRAIL LANDSCAPING PROJECT --- and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expenses to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Advertisement for Proposals, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefore, as prepared by Studio 13 Design Group, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written Proposal, and the Performance and Payment Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract (hereinafter collectively called the "Contract Documents" or the "Contract"). The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete the same within 60 calendar days after the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. TOWN OF PROSPER, TEXAS Party of the First Part (OWNER) By Party of the Second Part (CONTRACTOR) By: ATTEST: ATTEST: TOWN OF PROSPER EXHIBIT 143I0 FORM "Prosper Trall Medians - Landscape 3 urination Improvements" No Description U/M Oh' Superscaps Central No. 'gie Denali Kllitsm A New Deal Amerfean LIS SPSD Oman vil Landscape Farms Sca n SECTION A -AUTOMATIC IRRIGATION SYSTEM underground automatic I Irrigation system LS 1 $80,000.00 $102,800.00 $123,000.00 $95,970.00 $115 6113.00 $106,753.00 $121,194.00 $169,287.50 $120,800.00j$IE82,500 00 SECTION 8 - LANDSCAPE PLANTING FOR MEDIN Provide and plant 4' 1 caliper Chlnkapin Oak 40 E11,000.00 $18,000.00 $13,000.00 E14,000.00 $9,336.00 $23,000.00 $11,720.00 $13,000.00 $17,520.00 $20,000.00 Provide and plant 4' 2 caliper Bald Cyrass EA 17 $3,145.00 $5,950.00 $5,525.00 $5,950.00 $3,571.87 $5,440.00 $4,981.00 $5.525.00 $7,108.00 $7,650.00 Provide and plant 3 Drummond Red Maple EA 32 $8,980.00 $12,000.00 $10,400.00 $11,200.00 $7,470.40 $13,440.00 $9,376.00 $10,400.00 $14,016.00 $14,400.00 Provide and plant 2' 4 Little Gem Magnolia EA 51 $9,435.00 $12,240.00 $11,475.00 $15,300.00 $8,462.32 $13.260.00 $9,180.00 $10,455.00 $15,198.00 $21,675.00 5 �avide and Plant 2' EA 39 $8,045.00 $5,850.00 $7,800.00 $11,700.00 $6,486.48 $10,140.00 $9,477.00 $7,800.00 $11,232.00 $7,800.00 Provide and plant 5 Gel 6 Dwarf Yaupon Holy EA 100 $1,000.00 $1,600.00 $2,200.00 $1,500.00 $1,204.00 $1,600.00 $2.100.00 $1,155.00 $2,200.00 $3,000.00 Provide and plant 5 Gal 7 Nana Naridlna -plants EA 150 $1,650.00 $2,625.00 $3,000.00 $2,750.00 $1,606.00 $2,737.60 $1,650.00 $1,732.50 $3.450.00 $4,500.00 PmvIde and Gal 6 Crimson Barberry EA 140 $1,400.00 $2.590.00 $3,080.00 $2,100.00 $1.665.60 $2,240.00 $1,450.00 $1,617.00 $3.080.00 $3.500.00 Provide and plant 3 Gal 9 Neady Wild Rose fA 225 $4,500.00 $3,937.50 $4,500.00 $3,375.00 $3.658.50 $7,650.00 $4,950.00 $4,162.50 $5.400.00 $4.500.00 10 Provide and plant 1 Gal Lantana EA 500 $1,250.00 $3,260.00 $2,475.00 $5,900.00 $2,660.00 $2,250.00 $2,500.00 $2.375.00 $2,250.00 $5,000.00 11 Provide and plant 1 Gal Udope Fit 1250 $2,812.50 $3,750.00 E5,000.00 $14.750.00 $5,512.50 $4,000.00 $4.375.00 $4,250.00 $5,625.00 $12,500.00 Provide and plant 1 Gal 12 Weeping Love Grass Fit 4250 $16,062.50 $27,625.00 $14,675.00 $25.925.00 520,400.00 $23,375.00 $27,625.00 $20,167.50 $25.500.00 $42,500.00 Provide and plant 13 Buffalo Turf Gress SF 70,000 $7,000.00 $7,700.00 $7.000.00 $7,700.00 $8,100.00 $7,350.00 $41,300.00 $14,000.00 $28,700.00 $21,000.00 Provide and Install 14 shredded hardwood CY 45 $1,350.00 $1,262.50 $1.755.00 $1,710.00 $2,326.50 $1,845.00 $1,575.00 $1,080.00 $1,755.00 $4,050.00 mulch for bed areas 7 Wide Stained 15 Concrete Bed Edging SF 3240 $21,050.00 $38,860.00 $29,160.00 $35,64000 $29,970.00 $43,740.00 $51,030.00 $55.080.00 531,752.00 E38,680.00 1 Wide Stained 16 Concrete Bed Edging SF 1755 $11,407.50 $21,060.00 $15,795.00 $19,305 00 $16.233.75 523,692.50 $27,541.25 $28,060.00 $18.954.00 524,570.00 Provide and of 17 bed prep composted bed prep p CY 225 $7,675.00 $5,625.00 $9,000.00 $8,550.00 $12.586.75 $10,575.00 $13,950.00 $6,750.00 $8,775.00 $20,250.00 Section 8 Total H• $117,952.50 $171,965.00 $146.040.00 $187 355 00 $142,494.67 $196.335.00 $224,680.25 $167,649.50 $202,513.00 5255,775.00 SECTION C - LANDSCAPE PLANTING FOR SUBOP I Provide and plant 4' EA 1 $200.00 $375.00 $325.00 $350.00 $210.11 $470.00 $293.00 $505.00 $418.00 E500.00 caliper Caliper Live Oak 2 Remove and dispose of exisitn trees EA 14 $3,500.00 $3,500.00 $140.00 $6,300.00 $1,400.00 $2,450.00 $0.00 $6,720.00 $2,800.00 $2,520.00 Provide and plant 2' 3 Caliper Texas Mountain fA 27 $6,100.00 $7,155.00 $6.750.00 $10600.00 $6,459.75 $16,605.00 $10,125.00 $9.450.00 $10,746.00 $13,500.00 4 Provide Ca d a ant 28 CaliperMyrtl EA 9 $1,260.00 $1,800.00 $2,025.00 52,025.00 $1,496.86 $1,485.00 $1.494.00 $1,935.00 $1,782.00 $1,800.00 Faction C Totals I 1 1$13.060.00 1$12,830.00 $924000 $19,475.00 $9,568.74 $21,010.00 $11912.00 $18.610.00 $15.748.00 $18.320.00 SECTION D - LANDSCAPE PLANTING FOR SUBDF Provide and plant 2' 1 caliper Vitex EA 57 $9,120.00 $8,550.00 $11,400.00 $17,100.00 $9.460.24 $14.62000 $13.79400 $11.400.00 $16,416.00 $12.825.00 Provide and plant 2' 2 caliper Texas Mountain fA 17 $5,100.00 $4.505.00 $4.250.00 $5,100.00 $4,06725 $10.506.00 $6.37500 $5.950.00 $5.766.00 $8.500.00 Provide and plant 5 3 Gallon Nellie R Stevens EA 110 $1,320.00 $1,980.00 $2,420.00 $1,650.00 $1,458 60 $3.190 00 $2,310 00 $1 430.00 $31 680 00 $3.300 00 Holy Provide end plant 3 4 Gallon Mexican Feather FA 225 $3,712.50 $2,700.00 $4,050.00 $3.375.00 $2,569 50 $4,162 50 E2 700 00 E2 475 00 $4,275.00 E5,625 00 Grass Provide and Plant 1 5 Galion Weeping Love EA 1.000 $4,500.00 $8,500.00 $3,500.00 $2,550.00 $4,800 00 $5.800.00 $12,000 00 $4.750 00 $6.000.00 $10 000 00 Grass Provide and Install 4' of 6 composted bed prep CY 70 $2.450.00 $1,750.00 $2,800.00 $2,660.00 $3,916.50 $3.290 00 $4,340 00 $2.100 00 $2.730 00 E8,300.g0 material tilled to a depth Section D Total 4 $28.202.50 $25,985.00 $28,420.00 E32,435.00 528,292 09 $41,768 50 $41.519 00 $28,105 00 $67,867 00 $46 560 00 SECTION E - BONDS Bid Bonds • Bid Bond or other acceptable 1 $0.00 $9,977.40 $9,000.00 $0.00 $14,708.58 $18.293 34 SD 00 E0 00 $1 00 $1.000 00 security Section E Total $0.00 $9,977.40 $9,000.00 $0.00 $14,706 56 $18.293 34 50.00 SO 00 E1 00 E1 000 00 SECTION F - ADD/DEDUCT ALTERNATE Provide and install ICC- Pedestal 1 mount mounted electric EA 5 $5,625.00 -E23,000.00 44,000.00 -E15,150.00 4925.00 412,000.00 -E16 955 00 412.05000 -522.250 00 $9.250 00 controller Provide and Install 2 complete underground EA 1 $20,000.00 $21,900.00 $32,500.00 $21,990.00 $21,770 00 $16.605.00 $21.241 00 $28 120 00 S25 600 00 $22 000 Do irrigation system Provide 1 year 3 maintenance on all FA 1 E13,800.00 $9,600.00 $22,000.00 $36,600.00 $42,000 00 $24.000 00 $22.500 00 $25.105 00 $38 400 00 $88.000 00 irtgalidn / Landscape Provide electrical 4 service for irrigationEA 5 $9,000.00 $10,500.00 $4,800.00 Not on Bid $11,275 00 $12,000.00 $12 040 00 $18 050 00 $17 000 00 $15 000 00 Section F Total 4 $46,425.00 $19,000.00 $55,300.00 $45,340.00 $74,120.00 $40.605.00 $36 026 0o $59,225 00 $511750 00 $134,250 00 Grand Total 4 $265,640.001 $342,557.40 $371,000.00 SM0,575.00 $383,000 08 $424.764 64 $438 331 25 $462.877 00 $405 677 00 $638.395 00 muivates Main Error Indicates Contractor that did not use revised form for Addendum #g 1-1 IOSPER WN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Michael Bulla, CIP Project Manager ENGINEERING Agenda Item No. 13 Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Mike Land, Town Manager Re: Town Council Meeting — November 9, 2010 Date: November 5, 2010 Agenda Item: Capital Improvement Projects Update. Description of Aaenda Item: Provide a Capital Improvement Project update to the Town Council. Budget Impact: N/A Legal Obligations and Review: N/A Attached Documents: N/A Town Staff Recommendation: N/A Agenda Item No. 13 - Page 1 of 1 ISPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council ENGINEERING Agenda Item No. 14 From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer CC: Mike Land, Town Manager Re: Town Council Meeting — November 9, 2010 Date: November 5, 2010 Agenda Item: Discuss and receive input on the Drainage Utility System Fee Development Report. Description of Agenda Item: On May 8, 2007, staff discussed with the Town Council several drainage issues ranging from existing drainage channels requiring minor maintenance to the need for major reconstruction projects to remedy the inadequacy of existing facilities. In order for the Town to address these issues, funds are needed to provide for the long term maintenance and improvements necessary to facilitate proper drainage utility systems. At that time a municipal drainage utility system fee was discussed as an alternative that is being used by many municipalities in the Metroplex to provide a funding mechanism to facilitate these types of construction projects. Prior to the Town adopting an ordinance establishing a municipal drainage utility system fee schedule, the Town had to first pass an ordinance declaring the drainage of the Town to be a public utility. On August 24, 2008, the Town Council adopted the ordinance declaring the drainage of the Town to be a public utility. After the adoption of the ordinance declaring the drainage of the Town to be a public utility, Town staff worked with the Town Attorney on creation of an ordinance to set a municipal drainage utility system fee schedule. The proposed fee schedule was discussed at the March 24, 2009, and April 14, 2009, Town Council Meetings. On April 14, 2009, the Town Council adopted an ordinance enabling the collection of a Drainage Utility System Fee that became effective on July 1, 2009. Starting November 1, 2009, Prosper Water Customers were charged a monthly Drainage Utility System Fee based on the following approved rate structure: Type of Development Parcel Size (sqSingle-Family Fees/Rates Residential Tier 1 <10,000 $2.75 Tier 2 >10,000 $3.85 All Other Non -Exempt $0.056 per 100 sq ft of impervious area; the minimum fee shall be $2.75 per property; Property the maximum fee shall be $200 per property Agenda Item No. 14 - Page 1 of 4 The fee schedule is in line with the neighboring cities of Allen, Frisco, McKinney and Plano, where the rate of an average residential home is between $2.75 and $3.30. As for the non- residential rate, these cities range from $0.048 to $0.117 per 100 square feet of impervious area (IA). The following table summarizes the local area fee schedules: Type of Local Area Municipality Drainage Utility System Fee Schedule Comparison Development (Residential and Non -Residential Monthly Rates) Allen Frisco McKinney Plano Prosper Average Residential $2.75 $2.00 $2.75 $3.30 $2.75 Large Residential $2.75 $3.85 $2.75 $4.25 $3.85 Non- $0.048 $0.057 $0.117 $0.056 + 10% IA $0.056 Residential Minimum: Minimum: Minimum: Minimum: Minimum: 100 SF $18.72/mo none $2.75/mo $2.25/mo $2.75/mo IA/month Maximum: Maximum: Maximum: Maximum: Maximum: $50.00/mo none $200.00/mo none $200.00/mo Once the proposed fee schedule was approved by the Town Council on April 14, 2009, Town staff began working with Freese and Nichols on the required Town wide impervious engineering study for the municipal drainage utility system to determine the amount of an ongoing drainage utility fee schedule. The title of this study is the Drainage Utility System Fee Development Report and is attached to this staff report for your review. Prior to the Town Council holding a Public Hearing to amend the existing ordinance to update the fee schedule, Town staff would like to receive input from the Town Council on the following: Exemptions: While the local government code requires certain properties to be exempted from the fees, others (churches, Town, and public schools) may be exempted if decided upon by the municipality. Mandatory exempted properties include undeveloped property, state property, and higher education property. The ordinance adopted on April 14, 2009, included exemptions for all mandatory properties and included churches, Town properties, public schools, and institutions of higher learning. In order to finalize the Drainage Utility System Development Fee Report, Town staff needs direction on whether or not to credit the following nonexempt types of developments. • Churches: The current estimated annual revenue generated: $6,700 • Senior Citizens: The estimated annual revenue generated by 158 homes: $3,500 Proposed Drainage Utility System Fee Rate based on Service Level: Service Level 1: Provides for basic drainage utility system services. A new staff position and regular maintenance expenses are included with this service level. Includes 33 percent of the total compensation for one superintendent and one laborer maintenance helper. The compensation for 33 percent for these two positions would be reduced from the current funding source (i.e., General Fund) and be burdened by the drainage utility. These staff positions are for existing staff and do not represent an increase in level of service or expenditure but merely a transfer of funding source. Includes 33 percent of the total compensation for one new position, the light equipment operator. The balance of the new staff member's compensation would need to be met by another existing funding source, such as the General Fund. Includes amortized costs of Agenda Item No. 14 - Page 2 of 4 $103,200 annually for a portion of the maintenance projects shown in Section 2 of the report. A general and administrative reimbursement to the General Fund of six percent of drainage utility revenues is provided to account for miscellaneous drainage utility system related staff time and expenses not already identified by line item in the budget but is attributed to the drainage utility system program. Also included is the accrual of the drainage utility system operating reserve at a rate of 15 days per year over a four-year period. Once the operating reserve reaches two months, the budget allocated to establishing the operating reserve will be reallocated to capital projects. Funding for minor capital improvements is not initially included in Service Level 1. However, when the operating reserve has been completely funded to the two month balance, the capital improvements budget would become approximately $7,000. The capital projects budget would increase by another approximately $7,000 once the cost of this study is reimbursed. The long-term resulting capital improvements budget would be approximately $14,000. Service Level 2: Includes all of the services listed in Service Level 1 plus an increased budget for maintenance work of $105,000 to account for all of the amortized annual costs shown in Section 2 of the report. Service Level 2 includes $100,000 annually for capital improvements. In four years when the operating reserve is completely funded to the two month balance, another $11,000 would be added to the capital improvements budget. The long-term resulting capital improvements budget would be approximately $111,000. Service Level 3: Includes all of the services shown in Service Level 2 plus capital improvement projects. The cost for capital improvement projects in Service Level 3 is $200,000 annually. This service level emphasizes the Town's desire to be proactive in its approach to drainage utility system services and less reactive to complaints about the drainage utility system. The capital improvements line item can be used to develop a drainage utility system master plan. The drainage utility system master plan is discussed in Section 2. The drainage utility system master plan would aid the Town in determining which capital projects to do first and the cost for each project. In four years when the operating reserve is completely funded to the two month balance, the capital improvements budget would increase by approximately $16,000. The long-term resulting capital improvements budget would be approximately $216,000. Proposed Drainage Utility System Fee Rate based on Service Level Property Parcel Size Existing Service Service Service Type (square feet) Rate Level 1 Level 2 Level 3 Residential <10,000 $2.75 $1.85 $3.06 $4.24 >_10,000 $3.85 $4.00 $6.59 $9.14 Non- Per 100 sq ft $0.056 $0.057 $0.096 $0.132 Residential impervious area Annual $173,200 $173,200 $285,600 $396,000 Revenue Agenda Item No. 14 - Page 3 of 4 At the October 26, 2010 Town Council Meeting, Freese and Nichols presented to the Town Council a PowerPoint presentation highlighting the Drainage Utility System Fee Development Report. A copy of that presentation is included in the staff report for your review. Prior to holding a Public Hearing at a future Town Council Meeting on an ordinance adopting the permanent drainage utility system fee, Town staff needs direction on which service level the Town Council wants to implement along with the corresponding fee schedule. Budaet Impact: The revenue collected from this fee is intended to fund stormwater related activities and will continue to provide a funding source for much needed maintenance, repair, and construction of stormwater facilities. The amount of revenue collected depends on the Service Level selected from the Drainage Utility System Fee Development Report. Lesial Obligations and Review: N/A Attached Documents: The following documentation is being provided for review: 1. Drainage Utility System Fee Development Report 2. PowerPoint Presentation given by Freese and Nicholson October 26, 2010 Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council discuss and provide input on the Drainage Utility System Fee Development Report. Agenda Item No. 14 - Page 4 of 4 Town of Prosper, Texas Drainage Utility System Fee Development Report October 2010 IP PlTOWN ER FREESE IrMIIIINICHOLS 1701 N. Market St. #500 Dallas, Texas 75202 214.217.2200 PRP06151 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Ina Town of Prosper TABLE OF CONTENTS 1. INTRODUCTION..............................................................................................................1-1 1.1. DESCRIPTION OF THE TOWN OF PROSPER....................................................................... 1-1 1.2. LEGAL BASIS AND LIMITATIONS OF A DRAINAGE UTILITY ............................................. 1-3 1.3. DRAINAGE UTILITY POLICY........................................................................................... 1-4 2. COST OF DRAINAGE UTILITY SYSTEM SERVICES .............................................. 2-1 2.1. COST OF SERVICE DEVELOPMENT CONSIDERATIONS..................................................... 2-1 2.2. COST OF SERVICE ASSUMPTIONS.................................................................................... 2-2 2.3. DRAINAGE UTILITY SYSTEM MAINTENANCE................................................................. 2-2 2.4. DRAINAGE UTILITY SYSTEM FEE REPORT...................................................................... 2-3 2.5. COMPREHENSIVE DRAINAGE UTILITY SYSTEM MASTER PLAN ...................................... 2-3 2.6 MAJOR MAINTENANCE AND CAPITAL IMPROVEMENTS.................................................. 2-5 2.7. ADMINISTRATION...........................................................................................................2-7 2.8. OPERATING RESERVE..................................................................................................... 2-8 3. REVENUE ASSESSMENT............................................................................................... 3-1 3.1. BASIS FOR FEE CALCULATION........................................................................................ 3-1 3.2. BILLING METHOD........................................................................................................... 3-1 3.3. PROPERTY EXEMPTIONS................................................................................................. 3-2 3.4. DETERMINATION OF PROPERTY IMPACT TO DRAINGE UTILITY SYSTEM ........................ 3-3 3.5. USER FEE CATEGORIES.................................................................................................. 3-6 3.6. EXEMPTIONS................................................................................................................ 3-10 3.7. DEBT SCHEDULE.......................................................................................................... 3-10 4. MENU OF SERVICES...................................................................................................... 4-1 5. FEE OPTIONS................................................................................................................... 5-1 5.1. SERVICE LEVEL 1........................................................................................................... 5-1 5.2. SERVICE LEVEL 2........................................................................................................... 5-2 5.3. SERVICE LEVEL 3........................................................................................................... 5-2 6. REFERENCES................................................................................................................... 6-1 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper LIST OF TABLES Table 2.1 Annual Cost Factors............................................................................................... 2-2 Table 2.2 Possible Drainage Utility System Maintenance Crew Positions ........................... 2-3 Table 2.3 Equipment and Significant Operations and Maintenance ...................................... 2-4 Table 2.4 Major Maintenance Needs and Capital Projects .................................................... 2-6 Table 2.5 Routine Maintenance Needs (5-Year Plan)........................................................... 2-7 Table 2.6 Operating Reserve per $10,000 of Operating Expenditures .................................. 2-8 Table 3.1 Residential Drainage Utility Properties................................................................. 3-4 Table 3.2 Adjusted Drainage Utility System Fee Rate.......................................................... 3-7 Table 3.3 Expected Revenue for Adjusted Rate Structure..................................................... 3-8 Table 3.4 Revenue Not Collected from Optional Exempted Properties .............................. 3-10 Table4.1 Staff........................................................................................................................4-1 Table4.2 Equipment..............................................................................................................4-2 Table 4.3 Administration Services......................................................................................... 4-2 Table 4.4 Potential New Capital........................................................................................... 4-3 Table 5.1 Drainage Utility System Fee Rate.......................................................................... 5-3 Table 5.2 Drainage Utility System Management Program Expenses — Service Level 1....... 5-4 Table 5.3 Drainage Utility System Management Program Expenses — Service Level 2....... 5-5 Table 5.4 Drainage Utility System Management Program Expenses — Service Level 3....... 5-6 iii Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. LIST OF FIGURES Town of Prosper Figure 1.1 Town of Prosper Drainage Utility System Service Area ....................................... 1-2 Figure 3.1 Example of Impervious Area for Residential Property .......................................... 3-5 Figure 3.2 Example of Impervious Area for Non -Single Family Residential Property.......... 3-5 APPENDICES Appendix A Excerpts from December 2009 Site Visit of Flood -Prone Areas and Projects added September 2010 Appendix B Texas Municipal Drainage Utility Systems Act (Local Government Code Section 552, LGC 580.003) iv Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper 1. INTRODUCTION The Town of Prosper hired Freese and Nichols, Inc. (FNI) to assess the Town's current drainage utility system needs and to identify recommended updates to the existing drainage utility system fee. The assessment included a visual inspection of several areas within the Town that have flooding or potential flooding issues. FNI reviewed the current drainage utility system fee structure and rates and developed recommendations for the Town based on requirements of applicable State laws and the Town's identified drainage utility system needs. 1.1. Description of the Town of Prosperl Prosper is located in western Collin County near Dallas North Tollway and Preston Road. Prosper encompasses roughly 20 square miles. The 2009 population estimate for the Town is 7,1001. Prosper is located in one of the fastest growing areas in North Texas. According to the Town's Business Plan, the population is expected to triple by the year 20172. Prosper was formed by the merging of Richland and Rock Hill in the early 1900s. The Town of Prosper was incorporated in 1914. At that time, the Town had a population of approximately 500 people, and the mayor served in his capacity for nearly 50 years.3 Today, Prosper has over 100 businesses and a growing population. Because of its convenient location in the Dallas -Fort Worth region, Prosper has become a prime choice for people moving to the area. 1-1 4z 9 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc Town of Prosper 1.2. Legal Basis and Limitations of a Drainage Utility The State of Texas provides municipalities the opportunity to establish a drainage utility, which is a legal mechanism used to generate revenue to finance the Town's cost to provide and manage drainage utility services in the Town. The Texas Municipal Drainage Utility Systems Act4 [Local Government Code Section 552.041, Subchapter C] authorizes cities in Texas to establish a municipal drainage utility system to "protect the public health and safety in municipalities from loss of life and property caused by surface water overflows, surface water stagnation, and pollution arising from non -point source runoff within the boundaries of the established service area..." [LGC 552.042(3)]. To provide these services, municipalities are authorized to assess fees to users of the drainage utility system. The drainage utility system fee is a service fee and must be based on the projected cost of providing drainage utility system service within the Town's jurisdiction. Some drainage utility system related costs that are allowed by State law [LGC 552.044(2)] to be included in the development of the projected revenue needs for drainage utility system service include the following: • Property acquisition • Service fees (architectural, engineering, legal, surveys, maintenance, etc.) • Capital (equipment, machinery, furniture, facilities, etc.) • Funding and finance costs for construction projects • Debt service • Administration When developing the fee rate for users, classification of affected properties must be nondiscriminatory, equitable, and reasonable. Specific requirements and allowances to exempt certain property owners and property types, respectively, are established in the law. The statute [LGC 552.053(c)] and recent amendments [LGC 580.003]5 specifically restrict certain types of property from paying a drainage utility system fee: • Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system [LGC 552.053(c)(1)] • Property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the municipality in which the property is located for maintenance [LGC 552.053(c)(2)] 1-3 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc Town of Prosper • A subdivided lot, until a structure has been built on the lot and a certificate of occupancy has been issued by the municipality in which the property is located [LGC 552.053(c)(3)] • A State agency or public institution of higher education [LGC 580.003] The Town is also provided the opportunity to exempt certain properties from the drainage utility system fee without regard to the properties' impacts to the drainage utility system. The following property is allowed by law [LGC 552.053(a), (b), and (d)] to be exempted from the drainage utility system fee: • County property • Town property • School district property • Property owned by a tax-exempt religious institution Revisions to the Texas statutes [LGC 580.003] in June 2003 added State property to the list of required exemptions from the drainage utility system fee. This revision overrides the exemption status of State property shown in LGC 552.053(b) from optional to mandatory. Developed property owned by State agencies and public institutions of higher education are considered to be State property. The drainage utility service area consists of land areas that contribute overland flow into the watersheds in the municipality. The service area can not extend farther than the boundaries of the Town's extra -territorial jurisdiction (ETJ). 1.3. Drainage Utility Policy This drainage utility report was developed to assess the current drainage utility system needs to determine whether or not the existing drainage utility system fee is adequate to meet these needs. Prosper has a number of routine maintenance tasks to perform, such as creek debris clearing, inlet and pipe system cleanouts, and other limited drainage utility system activities that help to maintain the drainage utility system flow capacity needed to minimize flooding hazards. In addition, significant capital and management improvements to the overall drainage utility system are needed to protect existing and expected development and to meet new regulatory requirements. 1-4 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper The Town is one of many small municipalities potentially subject to new federal storm water quality regulations (Phase II MS4) that would require the Town to further protect and enhance water quality in creeks and lakes through the development of a storm water quality management program. As an operator of a small municipal separate storm sewer system (MS4), the Town would be required to develop a multi -faceted program to protect storm water quality before it enters creeks, rivers, and lakes. The program would include a number of measures to protect storm water quality, such as the following: • Drainage utility system maintenance • Structural and non-structural water quality protection measures • Drainage utility system mapping and inspections • Public education, outreach and involvement • Town ordinances regulating construction activity, illicit discharges, and post -construction runoff • Town staff training and operations improvements The purpose of this study is to identify a fair and equitable drainage utility system fee and fee structure to finance each of these activities and improvements, as well as associated administration, service, equipment and other drainage utility system related costs. The study strives to identify an appropriate fee based on the projected cost of providing drainage utility system services in the Town. To further protect rate payers from inequitable charges, a means to appeal the rates for any property is strongly recommended to be established. As stated above, exempted properties will not be required to pay drainage utility system fees. The following general goals and policies have been established for the Town's drainage utility. The goals provide a basis for the purpose and intended benefit of the drainage utility system for the Town of Prosper. • Serve as the primary stable source of new drainage utility system related funding, except for major capital projects, which will be funded through alternative means, such as bonds or grants. • Finance the following specific activities: • Administration of the drainage utility district • Activities to address localized flooding issues • Upgrades to the drainage utility system infrastructure 1-S Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper • Proactive maintenance for existing infrastructure • Equipment for maintenance of the drainage utility system • Drainage utility system staff • Capital improvements projects related to the drainage utility system • Implementation and maintenance of the Town's Phase II MS4 storm water management program to comply with new U.S. Environmental Protection Agency (EPA) and Texas Commission on Environmental Quality (TCEQ) regulations and permits, as applicable. • Finance other drainage utility system related activities • Encourage development in the Town that minimizes adverse drainage utility system impacts through better site design and proper management of the Town's drainage utility system resources • Provide a fair and equitable method to assess fees for developed properties' impacts to the Town's drainage utility system • Allow for the issuance of bonds to finance drainage utility system capital improvement projects 1-6 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper 2. COST OF DRAINAGE UTILITY SYSTEM SERVICES The drainage utility system fee is a common legal method to address a significant portion of the financial burden for drainage utility system management. Prosper has such a fee in place. The Town needed to determine if the existing schedule of fees was still appropriate, considering the cost of drainage utility system needs. This report summarizes our findings and recommendations regarding the existing drainage utility system fee. Discussion of the projected cost of each service follows. 2.1. Cost of Service Development Considerations Options were evaluated to determine an appropriate methodology for identifying the projected cost of providing drainage utility system service in the Town. It was determined that the following considerations would be incorporated into the assessment of the cost of drainage utility system services for the purpose of determining the revenues necessary for the drainage utility: • Identify expected drainage -related costs. This includes prorated costs for administration, equipment, and other expenses not dedicated to drainage activities. • Evaluate a five-year period for projecting cost of service needs. Cost projections beyond five years are inherently less reliable and may not provide the Town the quality information desired for planning purposes. • Establish and maintain a minimum of a two -month operating balance in the drainage utility fund to account for contingencies. • Identify prioritized drainage utility capital improvements from the Town's staff input. • Consider prorated costs for items not solely associated with the drainage utility system but that have an application for drainage utility system management. Examples include engineering staff, geographic information systems (GIS) analysts, and maintenance equipment. • Plan for drainage utility revenues to finance all direct operating costs and administrative costs for drainage utility system related activities, except for major capital projects. • Consider the impact of debt obligations to the drainage utility fee. • Address as much of the Town's drainage utility system related costs as practicable through the drainage utility fund. 2-1 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper 2.2. Cost of Service Assumptions For the purposes of the five-year plan, several assumptions were identified and incorporated in to the planning process. Specifically, anticipated annual cost increases were identified and developed into cost factors, as shown in Table 2.1. Table 2.1 Annual Cost Factors 2010 2011-2012 2013-2014 Expense Rate Inflation 3% 3% 3% General and Administrative 6% 6% 6% Reimbursement Rate Expense rate increases account for the increasing cost of personnel (labor and benefits), light equipment, and materials. The general and administrative (G&A) reimbursement rate is constant. At this time, no financed capital or debt is projected over the next five years. The G&A reimbursement rate is the percentage of annual drainage utility revenues that will be reimbursed to the general fund, not including one-time reimbursements for specific expenditures such as the cost of developing this drainage utility system fee development report. 2.3. Drainage Utility System Maintenance The Town of Prosper plans to establish a program to conduct routine operations and maintenance (O&M) activities throughout the drainage utility system to minimize flooding potential, reduce creek erosion, and protect storm water quality. The Town is considering budgeting through the drainage utility to partially fund a drainage utility system maintenance crew to conduct part-time drainage utility system operations and maintenance activities throughout the Town. A list of the possible drainage utility system maintenance crew positions, including salary and compensation with benefits for FY 2010, is provided in Table 2.2. The drainage utility system maintenance crew will assume responsibility for minor drainage utility system maintenance activities such as ditch cleanouts, inlet cleanouts, and drainage swale landscaping. In addition, the drainage utility system maintenance crew will complete larger maintenance activities and some small capital projects, within the crew's capabilities. These projects could include activities such as the installation of erosion control measures and driveway culverts in grass -lined roadside ditches. The anticipated equipment and maintenance 2-2 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc Town of Prosper expenses for the drainage utility system maintenance crew are provided in Table 2.3. Rented equipment is assumed at four months per year. Table 2.2 Possible Drainage Utility System Maintenance Crew Positions Annual % Funding Drainage Labor Description Annual Compensation by Utility Cost Salary With Drainage ($/year) Benefits* Utility Superintendent, Drainage $55,000 $74,300 33% $24,600 existing Crew Laborer Drainage Maintenance Help, Crew $25,000 $33,800 o 33/0 $11,200 existing Light Equipment Small Street $40,000 $54,000 33% $17,900 Operator Sweeper Project Engineer Engineering $95,000 $128,300 100% $128,300 Engineering Technician Development $80,000 $108,000 100% $108,000 Engineer Phase II MS4 Coordinator Health $45,000 $60,800 100% $60,800 Department Inspector Construction $49,000 $66,200 100% $66,200 Inspector * Benefits include 30 percent for insurance, taxes, etc. plus 5 percent for the individual's materials and equipment 2.4. Drainage Utility System Fee Report The consulting costs of the studies for the development of the drainage utility were funded through the drainage utility revenues collected since the implementation of the current drainage utility system fee in November 2009. The total cost of this study was $34,540. 2.5. Comprehensive Drainage Utility System Master Plan A comprehensive drainage utility system master plan is recommended to identify and develop a plan to address existing and future expected drainage issues. The drainage utility system master plan can be a powerful tool that helps define the direction of future development, the protection of natural resources, and the integration of public spaces such as parks in the Town. 2-3 0 O N tn 69 O I Cd W � u 0 3 U rn 0 d a> "C? N 0 a ri 69 O 0 0 sr U Cd 0 a L O O N 116 64 O O O O O N 64 O O O 69 O O N tn 64 C 0 O 00 n 64 O O O O O 00 69 O O O O O o0 IC 64 r-V 0 c a 0 O O_ 64 O O O O O O_ 64 O O O 69 O O 0� 64 C 0 i O O N 69 O O O O O n N 64 O O O O O N 64 0� LM O O O yn 64 O O O O O O tn 69 O O O 69 O O O 64 0 CO3 mI N Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc Town of Prosper Town staff indicated they would like to include a drainage utility system master plan in the drainage utility system fee. FNI developed a ballpark estimate of $500,000 to prepare a master plan. The estimate assumes $120,000 for studying projects outside the floodplain, $330,000 for studying projects inside the floodplain, and $50,000 for surveying. The actual cost may be higher or lower, depending on the level of detail that the Town chooses to include. 2.6 Major Maintenance and Capital Improvements In support of determining the cost of service for drainage utility system maintenance and capital improvements for the development of a drainage utility system fee, Freese and Nichols engineers and Town staff conducted a site visit on September 08, 2009. The purpose of the site visit was to view specific areas identified by Town staff that they had identified as flood -prone areas. These localized drainage concerns are summarized in Table 2.4. Table 2.5 lists the routine maintenance needs. Figure 1.1 shows the approximate location of each site. A preliminary conceptual analysis was performed for specific areas identified by Town staff. From discussions with the Town, the nature of each problem was determined. A conceptual solution to each problem was developed and then used to provide a conceptual cost range (in 2010 dollars) for each area. This cost range is based on a feasibility level analysis and should not be used outside the realm of the present drainage utility development. The costs are given in terms of the following ranges: • < $100,000 • $100,000 - $500,000 • $500,000 - $1 million • $1 million - $2 million • $2 million - $3 million To varying degrees, each of these projects serves to: • improve public safety, • minimize property damage, • protect water quality, • maintain natural settings, and • maintain and improve property values within the Town. 2-S Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper All solutions presented in this report are conceptual in nature. The proposed solutions were only used to provide a range of estimated construction costs for comparison purposes. Each location will require a detailed study by a licensed engineer that should consider other alternatives before a final solution can be determined. The detailed study would also include an updated cost estimate. For the capital improvements projects, the cost estimates range from less than $100,000 to $3 million. One operation and maintenance item was included in the visual review, which is estimated to have an annual cost of $5,000 to $10,000. Table 2.4 Major Maintenance Needs and Capital Projects Project Location Activity Projected Cost Detention pond in subdivision 1 Lakes of La Cima south of CR 78 and east of < $100,000 Highway 289 2* Teel Road Culvert upgrade $30,000 Subsurface drainage system. $2 million to $3 3 Parvin Street Downtown Area Channel realignment and million regrading. Channel improvements to 4 Amberwood Farms gated subdivision south of FM $100,000 to 1461 and east of Gentle Creek $500,000 Subdivision. Culvert improvements, 00 to $, 5 Highland Meadows southwest of FM 1461 and $50 00000 Highway 80 intersection. Channel/pond improvements at 6 Gentle Creek the subdivision south of FM < $100,000 1461 across from CR 84. 7* Frontier Parkway Culvert rehabilitation $100,000 8* Talon Drive Culvert rehabilitation $50,000 * Project was not included in the site visit. Town staff provided the cost estimate. 2-6 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper Table 2.5 Routine Maintenance Needs (5-Year Plan) Project Location Activity Projected Amortized Annual Cost 9 Trails of Prosper Channel and bar ditch maintenance $10,000 10* Old Town Ditch work $20,000 l l * Lakes of Prosper Street drainage $10,000 12* First Street Street drainage $10,000 13* Prosper Trail Drainage at Wilson Creek $5,000 14* West Side Roads Street drainage $30,000 15* Whispering Farms Street drainage $20,000 * Project was not included in the site visit. Town staff provided the cost estimate. 2.7 Administration The drainage utility is classified as an enterprise fund. This type of fund is used to account for revenues from goods or services provided by the Town to the general public on a continuing basis. Enterprise funds are primarily financed through user fees. The successful operation of these funds requires the support and services of various Town departments, such as billing and customer service, to carry out regular functions. For this reason, the drainage utility budget includes a general and administrative (G&A) reimbursement cost in the overall cost of service to account for the rendering of these services. Revenue from the drainage utility fund will be used to reimburse the Town's general fund for drainage utility -system related administrative activities performed by individuals and departments not directly involved in drainage utility system management. Administrative costs incurred for drainage utility system related activities are determined as a percentage of the overall expenditures related to the drainage utility. The administrative reimbursement accounts for miscellaneous costs related to the drainage utility but not specifically itemized in the drainage utility budget. This includes time and effort of senior staffers, such as the Public Works Director, as well as staff from other departments, such as the Finance Director. The year-to-year 2-7 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper effort of these individuals related to the drainage utility cannot be projected but will be similar to other annual operating expenditures. 2.8 Operating Reserve Prosper intends to develop a two -month operating reserve for the drainage utility fund to account for contingency expenses. The operating reserve accumulates funds at a rate of one half month per year for the first four years of the drainage utility until reaching the operating reserve goal in FYE 2014. At that time, the fund balance will be managed to be maintained at approximately the projected costs of three months of continued operations. For the purpose of determining the proper operating reserve, operations expenses are considered to include annual expenses such as personnel, operations and maintenance costs, fuel, equipment repair, miscellaneous equipment, replacement fund deposits, and administration transfers to the general fund. Table 2.6 represents the four-year development of the operating reserve and depicts the project fund balance each year. Table 2.6 Operating Reserve per $10,000 of Operating Expenditures Description FYE 11 FYE 12 FYE 13 FYE 14 FYE 15 Balance (Days) 15 30 46 60 60 Annual Contribution ($) $416 $416 $416 $416 $0* Reserve Balance ($) $416 $832 $1,248 $1,664 $1,664 *Actual annual contributions are typically greater than zero to account for cost increases from system growth and inflation. 2-8 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper 3. REVENUE ASSESSMENT 3.1. Basis for Fee Calculation By law, the drainage utility system fee rate must be set according to a basis that is directly related to storm water. As a result, fee rates cannot be based solely on certain readily accessible information, such as property values or water usage rates. The Town's drainage utility system rates are based on the amount of impervious area for each property. Impervious areas do not provide storm water significant opportunity for infiltration into the soil and may therefore result in increased storm water runoff to the municipal drainage utility system. Property improvements that are considered as impervious areas include buildings, paved parking lots, driveways, patios, and walkways. Gravel parking lots and driveways are also considered impervious area because of the low infiltration rate of storm water through their surface. Sidewalks within the Town easement were not included in individual property impervious area calculations. The potential storm water impacts of impervious area to the drainage utility system include the following: • Increased total volume of water required to be managed by the municipal drainage utility system resulting in flooding • Increased peak flows from storm events resulting in flooding • Increased flow velocities resulting in increased erosive actions in creek channels and adjacent properties • Increased pollutant loading resulting in degraded water quality Site -specific design and maintenance approaches may minimize one or more of these impacts. As noted in Section 5.2 (Appeals), the Town may determine to reduce the drainage utility system fee for a property by an equitable amount to account for the beneficial drainage utility system impact of design and/or maintenance approaches by a property owner. 3.2. Billing Method Fees for drainage utilities are collected in a variety of ways throughout the country, including as line -items on water bills, as yearly payments with property taxes, or as stand-alone bills. The 3-1 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper most common method to assess drainage utility charges is through the water utility bill, which is the method Prosper employs. As part of the water utility bill, the drainage utility system fee appears on the utility bill as a single line item with the monthly dollar amount for the property shown. One utility account is typically assessed a drainage utility system fee for each eligible property. For example, if a property has one water account for building water supply and a second water account for lawn irrigation, only one of these accounts is assessed a drainage utility system fee. Eligible improved property without a direct water account would still be assessed a drainage utility system fee. If the property can be directly linked to a property with a Town utility account, the fee for the improved property is included on the affiliated property's utility account. A common example is a restaurant with a parking lot located on an adjacent lot. A comment is entered into the utility billing database maintained by the Town noting the inclusion of additional property in the drainage utility system fee for a property, as appropriate. If no existing utility account can be associated with the improved property, a new utility account is established by the Town for the purpose of assessing the drainage utility system fee. 3.3. Property Exemptions Exemptions Mandated by State Law State law [LGC 552, LGC 580] requires mandatory exemptions from the drainage utility system fee for certain properties as described in Section 1.2. Any property within the Town limits that meets one or more of the criteria for the mandatory exemptions cannot be assessed a drainage utility system fee. If circumstances for the property change such that no mandatory exemption is met, then the property will be assessed an appropriate drainage utility system fee from that point forward. Exemptions Allowed by State Law The State Code provides the Town the option to exempt specific properties from the drainage utility system fee for non -storm water -related reasons. These additional exemption options are as follows: 3-2 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper • Counties [LGC 552.053(b)(2)] • Municipalities [LGC 552.053(b)(3)] • School districts [LGC 552.053(b)(4)] • Property owned by a tax-exempt religious organization [LGC 552.053(d)] For the purpose of this study, County property, Town property, churches, school disctirct property and property owned by the State are exempted from paying the drainage system utility fee. Other Exemptions Texas law does not have provisions to allow for exemptions from the drainage utility system fee for any non -storm system related basis not specifically identified above. However, many cities consider, and often adopt, exemptions for categories of the community not specified in LGC 552. Common non -specified exemptions include: • Senior citizens • Military veterans • Disabled • Low income • Federally owned properties • Properties without water, sewer, and/or trash service (i.e., no existing utility account) • Businesses This report does not evaluate the revenue impact of exempting properties on a non -specified basis, such as those listed above. The Town of Prosper is sensitive to the financial situation of its senior citizens and is considering allowing senior citizens the ability to apply for a credit equal to the rate of the drainage utility system fee to be applied to the assessed fee. If this exemption is included in the adopted ordinance, a senior citizen who wants to receive the credit must contact the Billing Department to apply for the credit. 3.4. Determination of Property Impact to Drainage Utility System By State law, undeveloped properties cannot be charged a drainage utility system fee in Texas. Developed properties with impervious area increase the rate and/or volume of storm water runoff to the municipal drainage utility system. Infrastructure improvements, ongoing maintenance, 3-3 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper inspections, and evaluations are necessary to properly manage the increase in storm water discharge from impervious area. Impervious area includes rooftops, paved parking lots, paved driveways, walkways, out buildings, and patios. It does not include vegetated areas, gravel drives, or swimming pools. To determine the impact of each developed property to the drainage utility system, a determination of the impervious area was made. The Town contracted with the City of Frisco GIS Department to identify impervious area for each non -single family residential property in the Town. The impervious area amount is associated with the specific parcel or group of parcels for the development. The parcel is associated with the appropriate utility billing accounts to allow for assessment of the proper drainage utility system fee if implemented. Freese and Nichols evaluated a representative number of single family residential properties to determine the average impervious area for these properties. A selection of residential properties with parcel areas greater than and less than 10,000 square feet was evaluated. The resulting average impervious area for Tier 1 residential properties (<10,000 square feet parcel area) was identified as the equivalent residential unit (ERU) and is the basis for the fee for all developed properties. One ERU was determined to be 3,200 square feet impervious area. Tier 2 residential properties (> 10,000 square feet parcel area) were determined to have an average impervious area of 7,000 square feet, which equates to 2.17 ERUs. An ERU charge of $1.00 is equivalent to $0.031 per 100 square feet impervious area, which is the unit basis for non -single family residential property charges. Figure 3.1 is an example of the impervious area determination for a residential property, and Figure 3.2 is an example for a non -single family residential property. Table 3.1 shows the breakdown of residential impervious area within the Town. Table 3.1 Residential Drainage Utility Properties Average o �o of Estimated % of Category Impervious property Residential Residential Area (IA, sf) Count Properties Impervious Area (L4,) Residential Tier 1 3,200 442 15% 31 % Residential Tier 2 7,000 2400 85% 69% 3-4 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper Figure 3.1 Example of Impervious Area for Residential Property Total Impervious Area: 3,200 ftz (Residential Average)'.:_ 1 ERU-�-- ti 1 r7 4 N �r Figure 3.2 Example of Impervious Area for Non -Single Family Residential Property 3-S Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper 3.5. User Fee Categories The drainage utility system fee consists of several types of user accounts depending on the type of property and the category of property owner. The drainage utility system fee rate structure is based on the type of user account. The three general account categories include: • Single Family Residential (includes duplexes) • Non -Single Family Residential (includes apartments) • Exempt Single -Family Residential Accounts Single-family residential accounts consist of all developed single family residential properties within the Town. Apartment complexes are considered to be non-residential accounts for fee determination purposes. At the time of the initial development of this drainage utility system fee study, 2830 eligible residential properties were present, based on available GIS parcel data. The residential properties account for approximately 60% of total impervious area measured for the Town in this drainage utility system fee report. Tiered residential rates are considered for the assessment for the residential fees. This approach is common throughout Texas. Tiered residential rates are considered to be fair and generally equitable. Each unit of a multi -family dwelling up to a fourplex is considered to be a Tier 1 account. Multi -family properties with more than four units are treated as non -single family residential accounts, as described below. Impervious area includes the footprint of the residence, including roof overhangs, driveways, walkways, patios, sheds, carports, and other impervious surfaces. It does not include the sidewalk within the Town easement (if present), public streets, or swimming pools. Non -Single Family Residential Accounts Non-residential accounts include commercial, apartment, school, and tax-exempt religious institution properties. Other developed properties in the Town that do not qualify as single- family residential and do not meet any of the exemption criteria are also considered non- residential. 3-6 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper Drainage utility system fees for eligible non-residential accounts are individually calculated based on the total amount of impervious area for the affiliated properties. Each non-residential property is assessed a drainage utility system fee at a rate according to the drainage utility rate unit charge, expressed in dollars per 100 square feet of impervious area per month (currently $0.056/100 sq.ft. impervious area / month) with a minimum charge of $2.75 and a maximum charge of $200. At the time of this study, $50,823 annual revenue is projected from non -single family residential accounts at the current rate of 5.6 cents per 100 square feet impervious area. FNI has analyzed a representative sample of residential properties to determine average impervious areas for parcels with less than 10,000 square feet in size and those equal to or greater than 10,000 square feet in size. In keeping with State law, the drainage utility system fee rate structure must be established with a proportional impact to all categories being assessed the fee. FNI recommends the adjusted rates as shown in Table 3.2 for proper proportionality of fees. Residential Tier 1 is currently assessed a fee that was too high in comparison to the other categories. The expected annual revenue remains the same. However, if a senior citizen credit is applied, the annual revenue with decrease from $176,700 to $173,200 assuming 100 percent participation. Table 3.3 summarizes the expected revenue based on the adjusted fee structure. The current rate structure has capped the non-residential rates at $200 per month per property. This cap currently impacts a handful of properties — those with parcels larger than 357,000 square feet impervious area. The $200 non-residential cap is also being applied to apartments, representing an additional $2,784 that is not being collected. Table 3.2 Adjusted Drainage Utility System Fee Rate Current Adjusted Adjusted Category g Monthly Current Rate Monthly gate Utility ($/100 sf IA) Utility ($/100 sf IA) Fee Fee Residential Tier 1 $2.75 $0.086 $1.85 $0.057 Residential Tier 2 $3.85 $0.055 $4.00 $0.057 Non -Residential $0.056 / 100 sf $0.056 $0.057 / $0.057 IA 100 sf IA 3-7 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc- Town of Prosper Table 3.3 Expected Revenue for Adjusted Rate Structure Category Total Impervious Area (sf) Drainage Utility Rate Total Annual Revenue Residential Tier 1* 1,420,146 $1.85 $6,300 Residential Tier 2 16,766,400 $4.00 $115,200 Apartments 986,388 $0.057 per 100 SF IA $6,700 Churches 974,327 Exempt $0 Commercial Properties 6,437,413 $0.057 per 100 SF IA $44,000 Farms 0 $0.057 per 100 SF lA $0 Federal Facilities 0 $0.057 per 100 SF IA $0 HOAs 139,170 $0.057 per 100 SF IA $1,000 Schools 3,501,194 Exempt $0 Town Property 198,494 Exempt $0 Total 30,423,532 $173,200 * Assumes credit has been applied to all current 158 senior citizen accounts. Utility Account Management Each non-exempt property must be assessed a drainage utility system fee and will require a utility account. It is recommended to assess the drainage utility system fee on a single account per property, as feasible to minimize the Town's administrative burden. Duplicate utility billing accounts for a property are not typically assessed a drainage utility system fee unless the total drainage utility system fee is apportioned across multiple accounts. For administrative reasons, associating the drainage utility system fee to a single account per property is recommended. Many commercial properties have two utility accounts — one primary account and one irrigation account. Assigning the drainage utility system fee to the primary account is typically straightforward; however it is recommended that a notation be added to the uncharged utility account to note that the drainage utility system fee for the property is assessed on an alternative account for the same property. 3-8 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper Strip shopping centers and apartment complexes typically have numerous accounts. A common utility account scenario for these types of properties is to have one account for each business or apartment building, respectively, as well as a management account and/or an irrigation account. Assigning the drainage utility system fee to the management or irrigation account is recommended to allow the property management to determine the appropriate approach to assess the drainage utility system fee to individual tenants. Some properties have no active utility account. Examples of such properties include those on well water, those within Town limits but provided service by other providers, and properties such as parking lots that have no need for a water account. For these developed properties, a new utility account will typically need to be created specifically to assess the drainage utility system fee. Accounts in an exempt category are not assessed a drainage utility system fee. A variety of circumstances can lead to a utility account and/or a property being exempt. A property meeting any of the mandatory exemptions or the Town's selected optional exemptions are considered exempt. The associated utility accounts for these properties are categorized in the exempt classification. If no utility account exists for an eligible property, a utility account will be created for the purpose of assessing the drainage utility system fee to the property owner. Properties are not eligible to be exempted from the drainage utility system fee for the reason of having no water, sewer, or waste disposal service with the Town. The Town's utility bill serves an efficient method to assess the drainage utility system fee. The Town may determine that it is more efficient to assess drainage utility system fees for some developed properties as a group. For example, a property that extends across multiple parcels may be assessed a single drainage utility system fee, but clarifying notes in the utility billing database are recommended to identify the parcels that are aggregated to assess the single fee. 3-9 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Ina 3.6. Exemptions Town of Prosper Eligible properties that the Town has exempted include school districts, Town -owned properties, and churches. Mandatory exemptions include undeveloped properties, county properties, and state owned properties. Table 3.4 summarizes the revenue that the Town is not collecting from the properties it has elected to exempt. Table 3.4 Revenue Not Collected from Optional Exempted Properties Category Impervious Area (sf) Monthly Drainage Utility Rate Annual Revenue Senior Citizens* 507,654 $1.85 $3,500 Churches 974,327 $0.057 per 100 SF IA $6,700 Schools 3,501,194 $0.057 per 100 SF IA $23,900 Town Property 198,494 $0.057 per 100 SF IA $1,400 Total 30,423,532 $35,500 * Senior citizens are not exempted from the Drainage Utility System Fee. The amount shown assumes all current 158 senior citizen accounts applied for credit. Estimated annual revenue was based on senior citizens occupying residences in Residential Tier 1. 3.7. Debt Schedule Drainage utility revenues provide the Town with an opportunity to issue debt for larger capital improvement projects. The Town has no plans to issue debt based on drainage utility revenues within the next five years. FNI recommends that the Town review the five-year drainage utility plan annually. The Town's approach towards the issuance of debt for the drainage utility should also be reviewed annually. Issuance of certificates of obligation is typically preferred for drainage utility bonds because revenue bonds result in higher interest rates and lower available debt values. Revenue bonds require revenue stream trend data. No trend data currently exists for the drainage utility program. Additionally, revenue bonds have higher interest costs and have a higher level of required reserves. 3-10 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper 4. MENU OF SERVICES This section of the report presents staff, equipment, services and projects that Prosper might consider including in its drainage utility system program. Each new service or piece of equipment has an associated cost. Thus, the expansion of the drainage utility system program will depend on the amount of increase to the fee that the Town is willing to accept. Tables 4.1 through 4.4 describe the impact each of the options will have on the drainage utility system fee. The tables include information for the percent of labor, equipment and capital improvements attributed to the drainage utility as described in Section 2 of this report. Revenue generated from the drainage utility system fee will increase as the population increases. The revenue generated from the population growth will provide additional funds needed for drainage services in the foreseeable future. All rates are based on the recommended adjusted fee structure presented in Section 3 of this report. Table 4.1 Staff Percent Non - Funded Tier 1 Tier 2 Labor by Residential Residential Residential Drainage ($/mo.) ($/mo.) sf Utility A/m IA/mo.) Superintendent, 33% $0.27 $0.57 $0.009 existing Laborer Maintenance 33% $0.12 $0.26 $0.004 Help, existing Light Equipment 33% $0.19 $0.41 $0.006 Operator Project Engineer 100% $1.37 $2.96 $0.036 Engineering 100% $1.15 $2.49 $0.036 Technician Phase II MS4 100% $0.65 $1.40 $0.020 Coordinator Inspector 100% $0.71 $1.53 $0.022 4-1 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper Table 4.2 Equipment Percent Tier 1 Tier 2 Non - Equipment Funded by Residential Residential Residential Drainage ($/mo.) ($/mo.) ($/100 sf Utility U/mo.) Small Street Sweeper 20% $0.06 $0.12 $0.002 Crew Cab Pickup - Drainage 20% $0.02 $0.04 $0.0005 Crew Pesticide Applicator 100% $0.05 $0.12 $0.002 Herbicide Applicator 100% $0.05 $0.12 $0.002 Compact Track Loader 100% $0.19 $0.41 $0.006 (Rental) Backhoe (Rental) 100% $0.07 $0.14 $0.002 Dump Truck (Rental) 100% $0.08 $0.18 $0.003 Vacuum Truck (Rental) 100% $0.11 $0.25 $0.004 Grade -All (Rental) 100% $0.29 $0.64 $0.009 Crane (Rental) 100% $0.16 $0.35 $0.005 Articulated Wheel Loader 100% $0.16 $0.35 $0.005 (Rental) Note: All rental rates assume four month rental fee per year. Table 4.3 Administration Services Tier 1 Tier 2 No tial Category g Residential ($/mo.) Residential ($/mo.) ($ 100 sf IA/mo.) Administration $0.11 $0.24 $0.003 Reimbursement Operating Reserve` $0.08 $0.17 $0.002 Total $0.19 $0.41 $0.005 4-2 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inr- Town of Prosper Table 4.4 Potential New Capital Tier 1 Tier 2 Non - Capital Residential Residential Residential ($/mo.) ($/mo.) ($/100 sf IA/mo.) Capital Improvements Projects (CIP) per $1.07 $2.31 $0.033 $100,000 Total $1.07 $2.31 $0.033 4-3 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Ina Town of Prosper 5. FEE OPTIONS Table 5.1 presents three options for the Town to consider in determining its level of drainage utility system service. The options were developed based on input from Town staff. Tables 5.2 through 5.4 provide more details of what each level of service would include. Table 5.2 provides an example breakdown of services at the existing level of funding plus one additional staff member and partial funding of existing maintenance projects. Table 5.3 takes the existing level of service, completely funds the existing maintenance projects and adds capital improvements projects (CIP). Table 5.4 includes the services provided, in Service Level 2 plus additional capital improvements projects and the drainage utility system master plan. 5.1. Service Level 1 Service Level 1 provides for basic drainage utility system services. A new staff position and regular maintenance expenses are included with this service level. Service Level I specifically includes 33 percent of the total compensation for one superintendent and one laborer maintenance helper. The compensation for 33 percent for these two positions would be reduced from the current funding source (i.e., General Fund) and be burdened by the drainage utility. These staff positions are for existing staff and do not represent an increase in level of service or expenditure but merely a transfer of funding source. Service Level 1 includes 33 percent of the total compensation for one new position, the light equipment operator. The balance of the new staff member's compensation would need to be met by another existing funding source, such as the General Fund. Service Level 1 includes amortized costs of $103,200 annually for a portion of the maintenance projects shown in Section 2 of this report. The Town staff identified these projects as regularly recurring maintenance issues that can be addressed with the drainage utility system fee. A general and administrative reimbursement to the General Fund of six percent of drainage utility revenues is provided to account for miscellaneous drainage utility system related staff time and expenses not already identified by line item in the budget but is attributed to the S-1 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper drainage utility system program. Examples include effort by the utility billing administrator, Town Manager effort, billing expenses, and other related items. Town staff instructed FNI to include a two month operating reserve. The drainage utility system operating reserve will accrue at a rate of 15 days per year over a four-year period. Once the operating reserve reaches two months, the budget allocated to establishing the operating reserve will be reallocated to capital projects. Funding for minor capital improvements is not initially included in Service Level 1. However, when the operating reserve has been completely funded to the two month balance, the capital improvements budget would become approximately $7,000. 5.2. Service Level 2 Service Level 2 includes all of the services listed in Service Level 1 plus an increased budget for maintenance work to account for all of the amortized annual costs shown in Section 2 of this report. Service Level 2 includes $100,000 annually for capital improvements. In four years when the operating reserve is completely funded to the two month balance, another $11,000 would be added to the capital improvements budget. The long-term resulting capital improvements budget would be approximately $111,000. 5.3. Service Level 3 Service Level 3 includes all of the services shown in Service Level 2 plus capital improvement projects. The cost for capital improvement projects in Service Level 3 is $200,000 annually. This service level emphasizes the Town's desire to be proactive in its approach to drainage utility system services and less reactive to complaints about the drainage utility system. The capital improvements line item can be used to develop a drainage utility system master plan. The drainage utility system master plan is discussed in Section 2. The drainage utility system master plan would aid the Town in determining which capital projects to do first and the cost for each project. In four years when the operating reserve is completely funded to the two month balance, the capital improvements budget would increase by approximately $16,000. The long-term resulting S-2 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper capital improvements budget would be approximately $216,000. The details of Service Level 3 are shown in Table 5.4. Table 5.1 Drainage Utility System Fee Rate Property Parcel Size Existing Service Service Service Type (square feet) Rate Level 1 Level 2 Level 3 <10,000 $2.75 $1.85 $3.06 $4.24 Residential > 10,000 $3.85 $4.00 $6.59 $9.14 Non- Per 100 sq ft $0.056 $0.057 $0.096 $0.132 Residential impervious area Annual $173,200 $173,200 $285,600 $396,000 Revenue S-3 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper Table 5.2 Drainage Utility System Management Program Expenses — Service Level 1 FYE 10 Non - Cost Cost Tier 1 Rate Tier 2 Rate Residential Rate Superintendent, $24,600 $0.27 $0.57 $0.009 existing (33%) Laborer Maintenance $11,200 $0.12 $0.26 $0.004 Help, existing (33%) Light Equipment Operator, new $17,900 $0.19 $0.41 $0.006 (33%) Maintenance $103,200 $1.10 $2.38 $0.033 G&A Reimbursements $9,800 $0.10 $0.23 $0.003 Operating Reserve $6,500 $0.07 $0.15 $0.002 Contribution Total $173,200 $1.85 $4.00 $0.057 S-4 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc- Town of Prosper Table 5.3 Drainage Utility System Management Program Expenses — Service Level 2 FYE 10 Non - Cost Cost Tier 1 Rate Tier 2 Rate Residential Rate Superintendent, $24,600 $0.27 $0.57 $0.009 existing (33%) Laborer Maintenance $11,200 $0.12 $0.26 $0.004 Help, existing (33%) Light Equipment Operator, new $17,900 $0.19 $0.41 $0.006 (33%) Maintenance $105,000 $1.12 $2.42 $0.035 CIP Projects $100,000 $1.07 $2.31 $0.033 G&A $15,500 $0.17 $0.36 $0.005 Reimbursements Operating Reserve $11,400 $0.12 $0.26 $0.004 Contribution Total $285,600 $3.06 $6.59 $0.096 S-s Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper Table 5.4 Drainage Utility System Management Program Expenses — Service Level 3 FYE 10 Non - Cost Cost Tier 1 Rate Tier 2 Rate Residential Rate Superintendent, $24,600 $0.27 $0.57 $0.009 existing (33%) Laborer Maintenance Help, existing $11,200 $0.12 $0.26 $0.004 (33%) Light Equipment Operator, new $17,900 $0.19 $0.41 $0.006 (33%) Maintenance $105,000 $1.12 $2.42 $0.035 CIP Projects including Drainage Utility $200,000 $2.14 $4.62 $0.066 System Master Plan G&A Reimbursements $21,500 $0.23 $0.50 $0.007 Operating Reserve $15,800 $0.17 $0.36 $0.005 Contribution Total $396,000 $4.24 $9.14 $0.132 The Town can use the data provided in this report to explore potential adjustments to the various service levels and fee structures. FNI recommends that Prosper select a service level that will provide the funds necessary to: • finance equipment, labor, and materials needed for the continued operations and maintenance of the drainage utility system; • achieve minimum compliance with Phase II MS4 storm water regulations once applicable; • conduct engineering studies to address local drainage utility system problems; and • begin small scale capital improvements to remedy known existing structural issues. S-6 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper The information provided in this report presents a framework for the Town to use in developing its drainage utility system master plan. FNI recommends that the Town develop a drainage utility system master plan that spans the next several years in order to establish a steady drainage utility system fee rate. FNI recommends that the Town review the drainage utility system fee rates in several years to consider any changes that the Town might want to incorporate in the drainage utility system fee rate. Potential changes might include increased costs for equipment, additional CIP projects that may be needed, and others. S-7 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. 6. REFERENCES Town of Prosper 1 North Central Texas Council of Governments, population estimate for Prosper from URL: http://www.nctcoa.orQ/ris/demogrraphics/t)opulation/2009PopEstimates.pdf downloaded September 21, 2009. 2 Prosper Business Plan population projections provided by Town of Prosper on September 21, 2009. 3 Background Information on Prosper from URL: htti)://www.prospertx.orgJHistoKy.aspx downloaded November 21, 2009. 4 Texas Local Government Code, Texas Statutes, Subchapter C. Municipal Drainage Utility Systems, Sections 552.041 through 552.054, updated April 1, 2009, downloaded from URL http://codes.1p.findlaw.comttxstatutes/LG/13/A/552/C on November 23, 2009. 5 Texas Local Government Code, Texas Statutes, Exemptions of State Property from Infrastructure Fees, Section 580.003, updated April 1, 2009, downloaded from URL http:Hcodes.1p.findlaw.comttxstatutes/LG/13/C/580/580.003 on November 23, 2009. 6-1 ,114TOW SPE' Town of Prosper Town Council Meeting --------------------------------------------------------------------------------------- C) ---------------------------- ------------------------------------------------- DRAINAGE UTILITY SYSTEM FEE UPDATE OCTOBER 26, 2010 rEFREESE Drainage utility system pry°sPER overview(D ------- ----------------------------------- I ----------------------- • Prosper has a drainage utility system fee • Council approved study to update fee and look at potential capital improvements projects • Dedicated drainage utility system management fund • Fee on monthly utility bill FREESE ININIMICHOLS PliSPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Mike Land, Town Manager ADMINISTRATION Agenda Item No. 15 Re: Town Council Meeting — Tuesday November 9, 2010 Date: November 4, 2010 Agenda Item: Discuss and give direction regarding joint meetings between the Town Council and other Town boards and commissions. Description of Agenda Item: Per Council's direction given during its most recent Council Advance, the Council expressed its interest in meeting with the Town's various Boards and Commissions after the new appointments were made in September. Prior to setting up these meetings and in accordance with the Mayor's request during the last Council meeting, the Council is being requested to specifically identify the subject matter to be discussed during a joint meeting with a respective Board or Commission. Two of the specific questions to address are what are the Council's goals and what direction is the Council headed in as it relates to the specific Board or Commission it will be meeting with. Additionally, what results or outcomes does the Council expect from these joint meetings. Budget Impact: NA Legal Obligations and Review: NA — Any joint meeting with a Board or Commission will be a posted public meeting. Attached Documents: NA Town Staff Recommendation: Town staff recommends that the Town Council discuss and give direction on whether or not to schedule joint meetings between the Town Council and the Town's various Boards and Commissions and to delineate the Council's goals and outcomes expected for said meetings. Agenda Item No. 15 - Page 1 of 1 To: Mayor and Town Council From: Kirk McFarlin, Police Chief Cc: Mike Land, Town Manager Matthew Denton, Town Secretary Re: Town Council Meeting — November 9, 2010 Date: November 1, 2010 Agenda Item: Agenda Item No. 16 Consider and act upon an amendment to the present Ordinance preventing persons who are required to register as sex offenders, where the victim is a child under sixteen years of age, from acquiring a residence within 1000 feet of areas where children gather and increase the distance to 2000 feet. Description of Agenda Item: The Ordinance provides for a safety zone around places where children gather which would prevent any person who must register as a sex offender, where the victim was a child, from establishing a residence within 2000 feet of the defined safety zone. A map would be kept in Town Hall and Dispatch defining the areas where a sex offender could not establish a residence. This ordinance would not affect the sex offenders currently registered and following the State mandates, but would prevent those persons from making changes to their residency after the Ordinance is passed. A sex offender who is to be released from prison and plans to reside in this Town will be preceded with a notification to the police department and will be required to immediately contact the Prosper Police Department. Any sex offender who intends to move into Prosper from another jurisdiction will also be preceded by notification of the Prosper Police Department. It will be incumbent on each sex offender to check with this department for any restrictions that the Town may have on their choice of residency. Any sex offender not presently living and registered within the Town of Prosper would be subject to the provisions of this ordinance should they decide to change their address and will be notified when they come in to reregister. This Ordinance does not remove the State Law requirements of sex offenders required to register. Sex offenders are still required to adhere to every State requirement as a term of their Agenda Item No. 16 release. The Ordinance will provide for an even more stringent guideline for sex offenders to follow and will provide for enhanced safety for our children in this community. Without the ordinance, sex offenders will still be required to register as provided for by State Law, but their choice of residency will not be as restrictive. Budget Impact: Normal fees for the Town's attorney to draft the ordinance will be incurred. The Town will be required to post a map defining the safe zones and update that map at least annually. The cost associated with this map may be absorbed within the Town's GIS contract with the City of Frisco. Legal Obligations and Review: The Ordinance was drafted by the Town's attorney. Attached Documents: Proposed Sex Offender Ordinance Amendment Attorney General's Opinion Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council approve the amendment to the Ordinance preventing persons who are required to register as sex offenders, where the victim is a child under sixteen years of age, from acquiring a residence within 2000 feet of areas where children gather. Agenda Item No. 16 TOWN OF PROSPER, TEXAS ORDINANCE NO. AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ORDINANCE NO. 06-62 (SECTION 2, REGULATION OF SEX OFFENDER RESIDENCY) AND SECTIONS 8.07.002 (RESIDENCY REQUIREMENTS) AND 8.07.005 (AFFIRMATIVE DEFENSES) OF THE TOWN OF PROSPER, TEXAS' CODE OF ORDINANCES; MAKING IT UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN TWO THOUSAND FEET (2,000') OF PREMISES WHERE CHILDREN GATHER; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated and determined that Ordinance No. 06-62 (Section 2, Regulation of Sex Offender Residency) and Sections 8.07.002 (Residency Requirements) and 8.07.005 (Affirmative Defenses) of the Town of Prosper, Texas' ("Town") Code of Ordinances should be amended to revise the residency regulations and affirmative defenses with regard to distance requirements; and WHEREAS, the Town Council finds that it will be advantageous and beneficial to the Town and its inhabitants to amend Ordinance No. 06-62 and the Town's Code of Ordinances 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. 06-62 (Section 2. Regulation of Sex Offender Residency) and Sections 8.07.002 (Residency Requirements) and 8.07.005 (Affirmative Defenses) of the Town's Code of Ordinances. Ordinance No. 06-62 (Section 2, Regulation of Sex Offender Residency) and Sections 8.07.002 (Residency Requirements) and 8.07.005 (Affirmative Defenses) of the Town's Code of Ordinances are hereby amended as follows: Residency Requirements. For each person required to register on the Texas Department of Public Safety's Sex Offender Database (the "Database") because of a violation involving a victim who was less than sixteen (16) years of age, it is unlawful for that person to establish a permanent residence or temporary residence within two thousand feet (2.000') of any premise where children commonly gather, which, for purposes of this Ordinance, shall be a public park or playground or private or public school or day care center, public or private youth center, public swimming pool or video arcade facility, as such terms are defined in the Town's Comprehensive Zoning Ordinance No. 05-20, as it exists or may be amended. If any term used herein is not defined in the Town's Comprehensive Zoning Ordinance, the term(s) shall ORDINANCE AMENDING DISTANCE REGULATIONS FOR SEX OFFENDERS — Page 1 of 3 583379 have the meaning ascribed by Section 481.134, Texas Health and Safety Code, as it exists or may be amended. For the purposes of this Ordinance, planted street medians are not public parks. Affirmative defenses. It is an affirmative defense to prosecution that any of the following conditions apply: (a) The person required to register on the Database established the permanent or temporary residence and has complied with all of the sex offender registration laws of the State of Texas, as they exist or may be amended, prior to the date of the adoption of this Ordinance; provided, however, such person shall be required to continuously maintain compliance with all of the sex offender registration laws of the State of Texas, as they exist or may be amended, after the adoption of this Ordinance. (b) The person required to register on the Database was a minor when he or she committed the offense requiring such registration and was not convicted as an adult. (c) The person required to register on the Database is a minor. (d) The premises where children commonly gather, as specified herein, within ene the-u-sand feet (1,0004 two thousand feet (2,000 of the permanent or temporary residence of the person required to register on the Database was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the State of Texas, as they exist or may be amended. Such person shall be required to continuously maintain compliance with all of the sex offender registration laws of the State of Texas, as they exist or may be amended. (e) The information on the Database is incorrect, and, if corrected, this Ordinance would not apply to the person who was erroneously listed on the Database. SECTION 3: Penalty. Any person violating any provision of this Ordinance, Ordinance No. 06-62 or any provision of the Town's Code of Ordinance's, as they exist or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined in a sum not to exceeding Five Hundred Dollars and No/100 ($500.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 4: Savings/Repealing. Ordinance No. 06-62 shall remain in effect 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 repeal prevent a ORDINANCE AMENDING DISTANCE REGULATIONS FOR SEX OFFENDERS — Page 2 of 3 583379 prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, 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. The Town 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 the Town Charter and by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS on this day of , 2010. ATTESTED AND CORRECTLY RECORDED: MATTHEW D. DENTON, Town Secretary Date(s) of Publication:, RAY SMITH, Mayor The Dallas Morning News (Collin County Edition). ORDINANCE AMENDING DISTANCE REGULATIONS FOR SEX OFFENDERS — Page 3 of 3 583379 ATTORNEYOFTEXAS GREG AB B OTT March 6, 2007 The Honorable Jane Nelson Chair, Committee on Health and Human Services Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 Dear Senator Nelson: Opinion No. GA-0526 Re: Whether a municipality may prohibit registered sex offenders from living in certain locations within the municipality (RQ-0526-GA) You state that municipalities "across the state either have passed or are considering passing municipal ordinances that prohibit registered sex offenders from living within a specified distance from locations where children typically congregate, including day-care facilities, schools, public swimming pools, and parks and playgrounds."' You ask whether a municipality may adopt such ordinances. See Request Letter, supra note 1, at 1. You particularly ask us to address two issues: (1) whether Chapter 508, Government Code, Article 42.12, Code of Criminal Procedure, or Chapter 62, Code of Criminal Procedure, preempts or otherwise limits a municipality's authority in this regard and (2) whether Section 3 or 19, Article I, Texas Constitution, or any other provision of the Texas Constitution limits a municipality's authority in this regard. Id. at 2. We note preliminarily that no particular adopted or proposed ordinance is at issue. Thus, our answer is general and does not speak to the preemption or constitutionality of a specific ordinance. In addition, we note that you do not specify whether your question concerns general -law or home -rule municipalities. See id. at 1-2. A general -law municipality is a political subdivision "created by the State and, as such, possess[es] those powers and privileges that the State expressly confers upon [it]." Tex. Dep'tofTransp. v. City of Sunset Valley,146 S.W.3d 637, 645 (Tex. 2004). We have found no law authorizing a general -law municipality to adopt this type of residence 'Letter from Honorable Jane Nelson, Chair, Committee on Health and Human Services, Texas State Senate, to Honorable Greg Abbott, Attorney General of Texas, at 1 (Aug. 29, 2006) (on file with the Opinion Committee, also available at http://www.oag.state.tx.us) [hereinafter Request Letter]. The Honorable Jane Nelson - Page 2 (GA-0526) restriction. Thus, unless the Legislature expressly authorizes it, a general -law municipality may not adopt an ordinance restricting where a registered sex offender may live. On the other hand, a home -rule municipality "do [es] not depend on the legislature for specific grants of authority but, instead, ha[s] a constitutional right of self-government and look[s] to the legislature only for specific limitations on [its] power." City of Laredo v. Webb County, No. 03-05- 00 1 68-CV, 2005 WL 3234768, at *3 (Tex. App.—Austin Dec. 1, 2005, no pet.); see TEx. CoNST. art. XI, § 5; Quick v. City of Austin, 7 S.W.3d 109, 122 (Tex. 1998); Dallas Merchant's & Concessionaire's Assn v. City of Dallas, 852 S.W.2d 489, 490-91 (Tex. 1993). We thus consider whether the Legislature has specifically limited a home -rule municipality's authority to adopt ordinances like those you generally describe. I. Whether Residence Restrictions Adopted by Home -Rule Municipalities are Preempted by Government Code Chapter 508, Code of Criminal Procedure Article 42.12, or Code of Criminal Procedure Chapter 62 Despite its broad authority, a home -rule municipality may not adopt an ordinance that is "inconsistent with the Constitution of the State, or [with] the general laws enacted by the Legislature of this State." Dallas Merchant's & Concessionaire's Assn, 852 S.W.2d at 490 (quoting TEx. CONST. art. XI, § 5); see City of Corpus Christi v. Five Citizens of Corpus Christi,103 S. W.3d 660, 663 (Tex. App.—Corpus Christi 2003, pet. denied). Consequently, a municipal ordinance "that attempts to regulate a subject matter preempted by a state statute is unenforceable to the extent it conflicts with the state statute." Dallas Merchant's & Concessionaire's Assn, 852 S.W.2d at 491. Nevertheless, "the mere fact that the legislature has enacted a law addressing a subject does not mean [that the] subject matter is completely preempted." Id. (quoting City of Richardson v. Responsible Dog Owners, 794 S.W.2d 17,19 (Tex. 1990)). A court will not hold a general law and a municipal ordinance "repugnant to each other if any other reasonable construction leaving both in effect can be reached." Id. (quoting City of Beaumont v. Fall, 291 S.W. 202, 206 (Tex. 1927)). And if the Legislature chooses to preempt a subject matter usually encompassed within a home -rule municipality's broad powers, "it must do so with unmistakable clarity." Id. You suggest that Government Code section 508.187, Code of Criminal Procedure article 42.12, or Code of Criminal Procedure chapter 62 may preempt the home -rule municipalities' ordinances. See Request Letter, supra note 1, at 2. We will discuss chapter 62 of the Code of Criminal Procedure first. Chapter 62 establishes a sex -offender -registration program under which persons with a "reportable conviction or adjudication" or who are "required to register as a condition of parole, release to mandatory supervision, or community supervision" must register "with the local law enforcement authority in any municipality where the person resides or intends to reside for more than seven days." TEx. CODE CRIM. PRoc. ANN. art. 62.051(a) (Vernon Supp. 2006); see also id. art. 62.001(1) (defining "Department"); id. art. 62.004 (requiring the Department of Public Safety to determine "which local law enforcement authority serves as [a] person's primary registration authority"). The phrase "reportable conviction or adjudication" is defined to include various sex offenses, such as indecency with a child, possessing or promoting child pornography, burglary with The Honorable Jane Nelson - Page 3 (GA-0526) intent to commit a sex offense, and aggravated kidnapping with intent to sexually abuse a person younger than 17 years old. Id. art. 62.001(5). Compare Act of May 26, 2005, 79th Leg., R.S., ch. 1008, § 1.01, 2005 Tex. Gen. Laws 3385, 3386-87 (defining "reportable conviction or adjudication"), with Act of May 25, 2005, 79th Leg., R.S., ch. 1273, § 2, 2005 Tex. Gen. Laws 4049, 4050-51 (same). Depending on the precise sex offense the person committed, a person's duty to register as a sex offender expires when the person dies or on the tenth anniversary of the date on which (1) the person was released from a penal institution or discharged from community supervision, or (2) the court dismissed the criminal proceedings against the person. TEx. CODE CRim. PROC. ANN. art. 62.101 (Vernon Supp. 2006). Failing to register as required is a criminal offense. See id. art. 62.102. The statutory duty to register as a sex offender does not conflict with a municipal ordinance limiting the area in which a sex offender must live. Accordingly, chapter 62 does not preempt the municipal ordinances. Article 42.12, section 13B of the Code of Criminal Procedure and section 508.187 of the Government Code (the "child -safety -zone statutes") both provide in similar terms for the establishment of a child -safety zone that certain sex offenders may not enter. Code of Criminal Procedure article 42.12, section 13B pertains to defendants placed on community supervision, while Government Code section 508.187 pertains to convicted defendants who have served a sentence for a sex offense and are placed on parole. See id. art. 42.12, § 13B(a); TEx. Gov'T CODE ANN. § 508.187(ayo) (Vernon 2004). Under both statutes, a defendant or convicted defendant who, as a condition of community supervision or parole, must adhere to child -safety -zone provisions may not: (A) supervise or participate in any program that includes as participants or recipients persons who are 17 years of age or younger and that regularly provides athletic, civic, or cultural activities; or (B) go in, on, or within [1,000 feet, under article 42.12, section 13B or a distance specified by the panel under Government Code section 508.187(b)(1)(B)] of premises where children commonly gather, including a school, day-care facility, playground, public or private youth center, public swimming pool, or video arcade facility. TEx. GOv'T CODE ANN. § 508.187(b)(1) (Vernon 2004); cf.. TEx. CODE CRIM. PRoc. ANN. art. 42.12, § 13B(a)(1) (Vernon Supp. 2006). Subsection (B) of the child -safety -zone statutes is particularly relevant to our preemption inquiry. The child -safety -zone statutes are not inconsistent with home -rule municipality residence restrictions as you have described them. See Dallas Merchant's & Concessionaire's Assn, 852 S.W.2d at 490 (quoting TEX. CONST. art. XI, § 5). A sex offender may comply with both the child - safety -zone statutes and a home -rule municipality's residence restrictions by staying out of the areas described in both. In this way, the state statutes and the municipal ordinances are not repugnant; instead, they are complementary. See id. at 491 (quoting City of Beaumont, 291 S.W. at 206). The Honorable Jane Nelson - Page 4 (GA-0526) Moreover, nothing in either of the child -safety -zone statutes evidences an unmistakably clear legislative intent to preempt a home -rule municipality's authority to regulate where sex offenders may live. See id. at 491. Certainly, neither child -safety -zone statute expressly preempts municipal regulation. Cf. TEx. ALco. BEv. CODE ANN. § 109.57(a)-(b) (Vernon Supp. 2006) (expressly restricting a home -rule municipality's authority to impose stricter standards on premises or businesses required to have a license or permit under the Alcoholic Beverage Code and setting out the Legislature's intent that the Alcoholic Beverage Code "shall exclusively govern the regulation of alcoholic beverages in this state"); Dallas Merchant's & Concessionaire's Assn, 852 S.W.2d at 491-92 (stating that the Alcoholic Beverage Code "clearly preempts an ordinance of a home -rule city that regulates where alcoholic beverages are sold"). In addition, nothing in the child -safety -zone statutes' legislative history suggests an intent to preempt municipal regulation. See generally SENATE COMM. ON CRIM. JUSTICE, BILL ANALYSIS 1, Tex. C.S.S.B. 111, 74th Leg., R.S. (1995); HOUSE COMM. ON CRIM. JURISPRUDENCE 1, Tex. C.S.S.B. 111, 74th Leg., R.S. (1995); see HOUSE RESEARCH ORG., BILL ANALYSIS 1, 3, Tex. C.S.S.B. 111, 74th Leg., R.S. (1995). Because the child -safety -zone statutes and municipal residence restrictions are not inconsistent and because the child -safety -zone statutes do not "with unmistakable clarity" preempt a home -rule municipality's authority to legislate in this area, we conclude that state law does not preempt municipal residence restrictions generally.' Dallas Merchant's & Concessionaire's Assn, 852 S.W.2d at 491. II. Whether Residence Restrictions Adopted by Home -Rule Municipalities Contravene Various Provisions of the Texas Constitution You also ask whether article I, section 3 or 19, "or any other provision of the Texas Constitution" limits a home -rule municipality's authority to adopt residence restrictions. Request Letter, supra note 1, at 2. Article I, section 3, like its federal counterpart found in the Fourteenth Amendment to the United States Constitution, guarantees "all persons similarly situated ... equal protection under the laws of this [s]tate and of the United States." Nonn v. State, 117 S.W.3d 874, 881-82 (Tex. Crim. App. 2003); see TEx. CONST. art. I, § 3; see also U.S. CONST. amend. XIV, § 1. Texas cases apply federal standards "when determining whether a statute violates equal protection under either provision." Rose v. Doctors Hosp., 801 S.W.2d 841,846 (Tex.1990). Under those standards, when a law creates a classification that "does not infringe upon fundamental rights or does not burden an inherently suspect class, equal protection requires only that the statutory classification ... rationally relate[] to a legitimate state interest." Id. "In determining whether or not a state law violates the Equal Protection Clause," a court must "consider the facts and circumstances behind the law, the interests [that] the State claims to be protecting, and the interests of those who are disadvantaged by the classification." Williams v. Rhodes, 393 U.S. 23, 30 (1968). Given that we have no particular municipal ordinance before us here, we cannot perform an equal - protection analysis. Courts that have considered specific state statutory residence restrictions in the 'Several bills already have been filed for the Eightieth Legislative Session that prescribe state-wide residence restrictions for sex offenders. See, e.g., Tex. S.B. 94, 80th Leg., R.S. (2007); Tex. S.B. 88, 80th Leg., R.S. (2007); Tex. H.B. 203, 80th Leg., R.S. (2007); Tex. H.B. 62, 80th Leg., R.S. (2007). We do not consider in this opinion whether any of these bills, if adopted, will preempt municipal residence restrictions. The Honorable Jane Nelson - Page 5 (GA-0526) context of an equal -protection analysis, however, have held that the residence restrictions do not impinge upon fundamental rights or burden an inherently suspect class and that the residence restrictions rationally relate to the state's legitimate interest in promoting children's safety. The residence restrictions that have been considered thus were found not to violate the Federal Equal Protection Clause! Article I, section 19 of the Texas Constitution, which prohibits the deprivation "of life, liberty, property, privileges, or immunities" without "due course of the law," is nearly identical to the Federal Due Process Clause, which is found in the Fourteenth Amendment to the United States Constitution. See Univ. of Tex. Med. Sch. v. Than, 901 S.W.2d 926, 929 (Tex. 1995). Compare TEX. CONST. art. I, § 19, with U.S. CONST. amend. XIV, § 1. In matters of procedural due process, Texas courts traditionally follow "contemporary federal due process interpretations of procedural due process issues." Than, 901 S.W.2d at 929. A court's review of a due -process claim requires a two-part analysis: (1) whether the liberty or property interests allegedly involved are entitled to procedural due -process protection; and (2) if so, what process is due. Id. The Texas Supreme Court, quoting the United States Supreme Court, has indicated that the liberty interests protected by procedural due process mirror those protected by the constitutional equal -protection guarantees: In defining the scope of protected liberty interests under the Fourteenth Amendment, the United States Supreme Court has stated that a liberty interest: [D]enotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of one's own conscience, and generally to enjoy those privileges long recognized ... as essential to the orderly pursuit of happiness by free men. Id. at 929-30 (quoting Bd. of Regents of State Colleges v. Roth, 408 U.S. 564, 572 (1972)). A property interest to which procedural due process applies is one that is either vested or springs from state law. See Pickell v. Brooks, 846 S.W.2d 421, 426 (Tex. App.—Austin 1992, writ denied). 'See Weems v. Little Rock Police Dept, 453 F.3d 1010, 1013, 1016 (8th Cir. 2006) (considering the constitutionality of an Arkansas law prohibiting certain high -risk sex offenders from residing within 2,000 feet of the property on which a public or private elementary or secondary school or daycare facility is located); Doe v. Miller, 405 F.3d 700, 704, 711-14 (8th Cir.) (considering the constitutionality of an Iowa statute that prohibits a person convicted of certain sex offenses from residing within 2,000 feet of a school or registered child-care facility), cert. denied, 126 S. Ct. 757 (2005); Graham v. Henry, No. 06 CV 381 TCK FHM, 2006 WL 2645130, at *1, *8 (N.D. Okla. 2006) (considering the constitutionality of an Oklahoma statute prohibiting certain sex offenders from residing within 2,000 feet of a public or private school, educational institution, playground, park, or licensed child-care facility); People v. Leroy, 828 N.E.2d 769, 775, 778 (Ill. App. Ct. 2005) (considering the constitutionality of an Illinois statute prohibiting certain sex offenders from knowingly residing within 500 feet of a playground or a facility providing programs or services exclusively directed toward persons under 18 years of age). The Honorable Jane Nelson - Page 6 (GA-0526) Whether, in a particular instance, a sex offender subject to a municipal residence restriction can succeed in a case alleging that the residence restriction violates his or her constitutional right to procedural due process is a question that a court must decide after determining the relevant facts. See Tex. Att'y Gen. Op. No. GA-0446 (2006) at 18 ("Questions of fact are not appropriate to the opinion process."). To date no sex offender has successfully persuaded a court that a residence restriction violated the offender's procedural due process rights. See, e.g., Doe, 405 F.3d at 709 (concluding that the absence of an individualized hearing to determine a sex offender's dangerousness "does not offend principles ofprocedural due process"); State v. Seering, 701 N.W.2d 655, 666 (Iowa 2005) (finding that the plaintiff "has not even explained how the [Iowa] residency restriction statute" violates "a private interest in freedom of choice in residence'). Finally, you ask if any other provision of the Texas Constitution limits a home -rule municipality's authority to impose residence restrictions. See Request Letter, supra note 1, at 2. We know of no Texas case considering challenges to residence restrictions on state constitutional grounds. We note, however, that sex offenders in other states have raised numerous federal constitutional provisions, but none have successfully argued that a residence restriction was unconstitutional." Given the fact -intensive nature of any constitutional analysis of a specific home - rule municipality's ordinance, we will not consider the possible claims generally here. "See, e.g., Weems, 453 F.3d at 1015,1017 (holding that Arkansas statutory residence restriction does not violate constitutional substantive due -process principles, does not violate a constitutional right to travel, and is not an unconstitutional ex post facto law); Doe, 405 F.3d at 708, 709-23 (holding that Iowa's statutory residence restriction is not unconstitutionally vague, does not violate substantive due process, does not violate the right against self- incrimination, and is not an ex post facto law); Graham, 2006 WL 2645130, at *4-* 10 (concluding, in the context of a motion for a preliminary injunction, that Oklahoma's statutory residence restriction did not violate the constitutional prohibition against double jeopardy, substantive due -process principles, or the Privileges and Immunities Clause of the Fourteenth Amendment); Coston v. Petro, 398 F. Supp. 2d 878, 880, 887 (S.D. Ohio 2005) (noting sex offender's arguments that an Ohio statutory residence restriction that prohibits a sex offender from residing within 1,000 feet of a school premises infringes on the fundamental right of privacy in family matters and the fundamental right of intrastate travel and violates the constitutional right against impairment of contracts, the right against self-incrimination, the Ex Post Facto Clause, and the Takings Clause of the Fifth Amendment); Seering, 701 N. W.2d at 665, 666-69, 670 (holding that Iowa's statutory residence restriction does not violate substantive due process, the Ex Post Facto Clause, or the right against self-incrimination, and did not constitute unconstitutionally cruel and unusual punishment); Leroy, 828 N.E.2d at 776-77, 778-84 (holding that Illinois statutory residence restrictions do not violate substantive due -process principles, constitute an ex post facto law, violate the prohibition against self-incrimination, or constitute cruel and unusual punishment); Denson v. Georgia, 600 S.E.2d 645, 646-47 (Ga. Ct. App. 2004) (concluding that Georgia's statutory residence restriction, which prohibits a sex offender from residing within 1,000 feet of a day-care facility, is not an ex post facto law because the sex offender can be punished only if he "prospectively chooses to violate the law by continuing to reside" within the prohibited zone). The Honorable Jane Nelson - Page 7 (GA-0526) SUMMARY State law does not preempt a home -rule municipality's ordinance prohibiting registered sex offenders from living within a specified distance from locations where children typically congregate. Whether a particular ordinance is permitted by the Texas Constitution is a question that must be determined by a court after considering all of the relevant facts applicable to a specific ordinance; to date, however, no court has found that a statutory residence restriction violates any federal constitutional provision. Very truly yours, GREG BOTT Attorney eral of Texas KENT C. SULLIVAN First Assistant Attorney General ELLEN L. WITT Deputy Attorney General for Legal Counsel NANCY S. FULLER Chair, Opinion Committee Kymberly K. Oltrogge Assistant Attorney General, Opinion Committee