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11.23.2010 Town Council Packet1. 2. 3. ISPER OWN OF Call to Order / Roll Call. AGENDA Regular Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, November 23, 2010 at 6:00 p.m. Invocation, Pledge of Allegiance to the United States Flag, and Salute to the Texas Flag. 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) November 9, 2010 — Town Council Meeting November 11, 2010 — Joint Town Council/Parks and Recreation Board Meeting ORDINANCES, RESOLUTIONS, AND AGREEMENTS b. Consider and act upon an ordinance rezoning 6.1f 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) C. Consider and act upon an ordinance rezoning 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) FINANCIALS d. Consider and act upon the financial statements ending October 31, 2010. (MG) CITIZEN'S COMMENTS (The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda Please complete a "Public Comments Form" and present it to the Town Secretary prior to the meeting.) 5. Other Comments by the Public. REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related items will be recognized on a case -by -case basis, at the discretion of the Mayor and Town Council.) Page 1 of 2 PUBLIC HEARINGS 6. Presentation of Service Plan and second 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. (MD) DEPARTMENT ITEMS 7. Consider and act upon appointing an individual to the Parks and Recreation Board to fill an unexpired term. (MD) 8. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 9. 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 19, 2010 at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened. Date Noticed Removed In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Government Code at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the Town Secretary's Office at (972) 346-2640 or by FAX (972) 347-2111. BRAILLE IS NOT AVAILABLE. Page 2 of 2 IOWN OF SPER 1. Call to Order / Roll Call. The meeting was called to order at 6:00 p.m. Roll call was taken by Mayor Smith. MINUTES Regular Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, November 9, 2010 at 6:00 p.m. Council present included: Mayor Ray Smith, Mayor Pro-Tem Kenneth Dugger, Deputy Mayor Pro-Tem Meigs Miller, Danny Wilson, and Jason Dixon. Ill Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; Chris Copple, Planning and Zoning Manager; Ron Butler, Comptroller, Michael Bulla, CIP Project Manager; and Matthew Denton, Town Secretary. 2. Invocation and Pledge of Allegiance. The Invocation was given by Pastor Jordan Bird, First Baptist Church Prosper. Mayor Smith led the Pledge of Allegiance. 3. Announcements of dates and times of -upcoming community events. Deputy Mayor Pro-Tem Miller announced the bond survey on the Town's website. 4411;„ „ Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit; 551.072 to deliberate the purchase, exchange, lease or value of real property located at 611 Robison Creek Drive. Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Wilson to recess into closed session. Motion approved,5-0. Council recessed into closed session at 6:03 p.m. Motioned by Mayor Pro-Tem Dugger, seconded by Deputy Mayor Pro-Tem Miller to reconvene into regular session. Motion approved 5-0. Council reconvened into regular session at 6:13 p.m. CONSENT AGENDA 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) Page 1 of 6 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.Of acres, located 1,OOOf 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 1314± 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- i!0018). (CC) e. Consider and act upon 1) an Agreement to Contribute funds -Local Governmentiibetween the State of Texas, acting through the Texas Department of Transportation, and the Town of Prosper, Texas for the acquisitionlof all necessary1�right of way and adjustment of utilities for State Highway 289 between US;,380 and FM 14611tand 2) adopt a resolution authorizing the Town Manager to execute the same'}i(HVVi)fff{l�##� FINANCIALS f. Consider and Tact, upon the Town quarte"r`N September 30, 2010: (MG) �{ i Motioned by Deputy Mayor Pro -Ted 11 liller{11seconded by agenda items 4a — 4f. Motion approved 5-0. Im Ijifl, CITIZEN'S COMMENTS 5. Other Comments by the Public. tt,t�t,r{# There were no comments! 4by the public. REGULAR AGENDA PUBLIC HEARINGS report for the quarter ending Mayor Pro-Tem Dugger to approve the consent 6. A public hearing to consider and act upon a request to rezone 6.1f 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) Chris Copple, Planning and Zoning Manager, gave council background information on this item. Motioned by Mayor Pro -Tern Dugger, seconded by Councilmember Dixon to open the public hearing. Motion approved 5-0. Page 2 of 6 Mayor Smith opened the public hearing at 6:19. Phil Jobe, property owner, answered questions for council. George Dupont, 1400 Harvest Ridge Lane, spoke in favor of the rezoning request. Motioned by Deputy Mayor Pro-Tem Miller, seconded by Councilmember Dixon to close the public hearing. Motion approved 5-0. Mayor Smith closed the public hearing at 6:28 p.m. Motioned by Councilmember Dixon, seconded by Councilmember Wilson to approve item 6 as written. Motion approved 5-0. 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) Chris Copple, Planning and Zoning Manager, gave council background information on this item. Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Wilson to open the public hearing. Motion approved 5-0. Mayor Smith opened the public hearing at 6:35 p.m. Sherrie Williams, owner representative, answered questions for council. Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Wilson to close the public hearing. Motion approved 5-0. Mayor Smith closed the public hearing at 6:37 p.m. Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Mayor Pro-Tem Dugger to approve 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 (SE- 15) to Downtown Retail (DTR). Motion approved 5-0. 1 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. (NM) Matthew Denton, Town Secretary, gave council background information on this item. Motioned by Mayor Pro-Tem Dugger, seconded by Deputy Mayor Pro-Tem Miller to open the public hearing. Motion approved 5-0. Mayor Smith opened the public hearing at 6:37 pm. There were no comments by the public. Page 3 of 6 Motioned by Deputy Mayor Pro-Tem Miller, seconded by Mayor Pro-Tem Dugger to close the public hearing. Motion approved 5-0. 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) Mike Land, Town Manager, gave council background information on this item. Motioned by Mayor Pro-Tem Dugger, seconded by Counci amending the Fiscal Year 2009-10 Budget for municipal pure, 2010 Budget Amendment I.� Motion approved 5-0. 31{; 10. Consider and act upon a resolution amendiiiilResolutioi of an employee benefits trust, to confor°moto language Comptroller's Office. (MG) 1111 1., Mike Land, Town Manager, gave council background Motioned by Councilmember Dixon, Motion approved 5-0. 11. Consider and act and unexpired tei Deputy Mayor Pro-Tem Nomination approved 3-2 appointing Jim Cox. Dixon to approve the ordinance oving changes made in FY 2009- N6'140-' 064, concerning the creation requirements from the Texas State item. ilson to approve item 10 as written. and Zoning Commission to fill Councilmember Wilson voting "no." 12.Consider and a'ctj�upion 1)'�anaward of`'bidto, Superscapes Landscaping, Inc., 2) enter into a contract agreement lwnth�Supersca�pes, Inc., regarding the construction services for the Prosper Trail �?Landscaping Project and 3)adopt a resolution authorizing the Town Manager to execute the Hulon Webb, Directortof.Developmerif Services gave council background information on this item. Motioned by Mayor Pro=T,e Il Migger, seconded by Councilmember Wilson to approve the bid to Superscapes Landscaping, In"tIlls 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. Motion approved 5-0. 13. Capital Improvement Projects Update. (MB) Michael Bulla, CEP Manager, gave council a presentation on the current CIP projects around town. 14. 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. Page 4 of 6 Chris Blair, 841 Sibyl Ln., addressed council regarding the report. George Dupont, 1400 Harvest Ridge Ln., addressed council regarding the repot. Forest Bently, 170-1 Colonial Ct, asked council questions regarding the report. 15. Discuss and give direction regarding joint meetings between the Town Council and other Town boards and commissions. (ML) The council discussed doing joint meetings with the other town boards and commissions. 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. (HINT) Kirk McFarlin, Police Chief, gave council background information on this item. 1111011 tlltnu,'illilltit� Motioned by Councilmember Wilson, seconded by Mayor Pro-Tem Dugger to amend the present Ordinance preventing persons who are required to register as sex offenders, where the victim is a child seventeen years of age and younger, from acquiring a residence within 1000 feet of areas where children gather. Motion approved 5-0.1I(�����►1 EXECUTIVE SESSION �li►t. �����I�!(� a�. 17. Recess into Closed Session in compliance wtriith�ii,{,,Section 551.001 et. seq. Texas Government Code, to wit; Section 5511074 to deliberate the evaluation of the Town Manager. Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Wilson to recess into closed session. Motion approved 5-0. Council recessed into�cl'd'sed sessionat S:00 p.m.]���� ��(lill�l,�►ll,. 18. Reconvenet(ttinto regular session and take any action necessary as a result of the closed session. Motioned by Mayor Pro-Tem Dug t) ger, seconded by Councilmember Wilson to reconvene into regular •�tlt,, session. Motion approved 5-0. Council reconvened into regular session at 8:48 p.m. Motioned by Mayor Pro-Temj11Dugger, seconded compensation package. Motion approved 5-0. by Councilmember Dixon to amend Mike Land's 19. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 20. Adjourn. Motioned by Councilmember Dixon, seconded by Mayor Pro-Tem Dugger to adjourn. Motion approved 5-0. Page 5 of 6 Mayor Smith adjourned the meeting at 8:49 p.m. Attest: Matthew D. Denton, TRMC Town Secretary Ray Smith, Mayor Page 6 of 6 ISPER OWN OF Prosper is a place where everyone matters. 1. Call to Order / Roll Call. The meeting was called to order at 3:35 p.m. Roll call was taken by Mayor Smith. MINUTES Special Called Joint Meeting of the Town Council and Parks and Recreation Board 1551 W. Frontier Parkway, Prosper, Texas Community Park Thursday November 11, 2010, 3:30 p.m. Council present included: Mayor Ray Smith, Mayor Pro-Tem Kenneth Dugger, Deputy Mayor Pro-Tem Meigs Miller, and Jason Dixon. Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; Wayne Snell, Building Official, Michael Bulla, CIP Project Manager; and Matthew Denton, Town Secretary. 2. Tour of Community Park. 3. Discussion regarding additional' items that may need to be considered prior to the completion of Phase 1 of the Community Park. 4. Adjourn. The meeting was adjourned at 4:45 Attest: Matthew Denton, Town Secretary am Ray Smith, Mayor Page 1 of 1 ;ISPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council PLANNING Agenda Item No. 4b 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 23, 2010 Date: November 19, 2010 Agenda Item: Consider and act upon an ordinance rezoning 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). (Z10-0016). Description of Agenda Item: On November 9, 2010, the Town Council approved zoning case Z10-0016, by a vote of 5-0. Town staff has prepared an ordinance rezoning the property. Budget Impact: There are no significant budget implications associated with the approval of this zoning request. Legal Obligations and Review: Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving a zoning request and adopting an ordinance rezoning property. A public hearing has been held and the Town Council approved the zoning case. The ordinance has been prepared. Review of the ordinance by the Town Attorney is not required. Attached Documents: 1. The Ordinance rezoning the property is attached. Town Staff Recommendation: Town staff recommends the Town Council adopt the attached ordinance, rezoning 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. 4b - Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 10- AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20 AND ORDINANCE NO. 00-09 (PLANNED DEVELOPMENT-2); REZONING A TRACT OF LAND CONSISTING OF 6.10 ACRES, MORE OR LESS, SITUATED IN THE EDWARD BRADLEY TRIMBLE SURVEY, ABSTRACT NO. 86, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, IS HEREBY REZONED TO AMEND PLANNED DEVELOPMENT-2 (PD-2), EXHIBIT C, SECTION 2.06; 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. 00-09 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Jobe Properties, Ltd. ("Applicant") to rezone 6.10 acres of land, more or less, situated in the Edward Bradley Trimble Survey, Abstract No. 86, 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: Findingsrporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Zoning Ordinance No. 05-20 and Ordinance No. 00-09 (Planned Development-2). Zoning Ordinance No. 05-20 and Ordinance No. 00-09 are amended as follows: The zoning designation of the below -described property containing 6.10 acres of land, more or less, situated in the Edward Bradley Trimble Survey, Abstract No. 86, 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-2 (PD-2). 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 No. 00-09, 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 23an DAY OF NOVEMBER, 2010. APPROVED AS TO FORM: Ray Smith, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary DATE OFPUBLICATION.• , Dallas Morning News EXHIBIT "A" Legal Description Being a tract of land located in the EDWARD BRADLEY TRIMBLE SURVEY, ABSTRACT NO.86, Town of Prosper, Collin County, Texas, being a portion of Willow Ridge Phase 4, according to the plat/map filed for record by Document Number 20090030010000780, Plat Records of Collin County, Texas, also being a part of a tract of land described in Deed to Jobe Properties, Ltd., recorded in Volume 4705, Page 3351, Deed Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found at the Southwest corner of said Willow Ridge Phase 4 and being in the East Line of that tract of land conveyed to 183 Land Corporation, Inc. according to the document filed of record under County Clerk File Number 97-0005168, Deed records of Collin County, Texas, said iron rod also being the Northwest corner of that tract of land conveyed to Carol Tung Tsai according to the document file in Volume 4978, Page 3953, Deed Records of Collin County, Texas; THENCE North 01°25'08" West, with the common line of said Willow Ridge Phase 4, Jobe Properties tract and said 183 Land Corporation tracts, a distance of 1298.24 feet to a point for a corner of this tract; THENCE leaving said common line, over and across said Jobe tract and Willow Ridge Phase 4 the following courses and distances: North 88°34'44" East, a distance of 160.03 feet to a point for a corner; South 01025'16" East, a distance of 107.28 feet to a point for a corner; South 50045'06" East, a distance of 56.07 feet to a point for a corner; South 05008'21" West, a distance of 185.21 feet to a point for a corner; North 83036'30" East, a distance of 37.41 feet to a point for a corner; South 04051'52" East, a distance of 174.16 feet to a point for a corner; South 20014'15" West, a distance of 38.20 feet to a point for a corner; South 01025'16" East, a distance of 634.26 feet to a point for a corner; South 22039'25" West, a distance of 142.47 feet to a point for a corner in the North Line of the above mentioned Carol Tung Tsai tract same being the common South Line of the above mentioned Willow Ridge Phase 4; THENCE South 88035'01" West, with said common line, a distance of 1! BEGINNING and containing 6.10 acres of land, more or less. TPEEAL DESCRIPIION LEGEND 8" a tract of land located in the EDWARD WADIEY 7MU13LE St1RVEY, ABSTRACT NO. North 8634'4.4' East. o distance of 150.03 test to a Point far o comer, DARRT. - DOD RECORM aMUI OBs Tr. mlAs 86, Tarm of Prosper, Collin County, Tema, being o portion of WMIw Ridge Phose 4, —i GQT. - �COWI ""T'-. 7EYJ3 South Ol'25Y6' East, a distance of 107.25 hat to o point for o caner, DOG NO. - according to the plot/map fled for record by Oooumant Numbs 2008003O010000780, • - 1/2' WON Ran 1eM YOION' MA911L' Plat Records of Collin Count% Taws, dea being a part of o tract of land described in South 504VO6' East o distores of 55.07 feet to o point for o canon rJs SfAYPm bM' rasa Dead to Jobe Plopatim Ltd., recorded In Vopmge o 4705, Pa3351. Dead Records, POMT i'OP ct/OIDt Capin County, Taxas, and being more W[cL4ady described as (Wow South OS'OB'21' West o distance of I85.21 feel to a part for 0 canner,. NOTE: BA95 Or pE.VW13 ARE 0EI0vE0 NIDN BEOINNN. d o 1/2 inan Iran rod food at the SauthwM gamer of sold (Nice Ridge North 83M'30' East o adance of 37.41 feel to a paint for o comer. i PUT OF eLLaN RWCE M1 rasp A Ph-4 andbeing In East Line of that tract o/ Imd oanw 10 1p7 Lvd rioRN WP N iER� Corporation. Inc. according NM g to the dot of record wvdw County OM: PEe th 04'ry East a dbtanes of 174.18 test to o point for o comer, Number 97-00051M Deed records of Collin County. TemA mid kw rad also beep tho South 2014'15' WWI a distance of X20 lest to o point for o came; Nathwst coma of that had al land omwyed to Carol Tung Teal acceding to the South 0135'15' East a distanco of 634.26 fool to o point for a comer, cum Nme1V YRp doent fileume e in Vol4978. Page 3953. Deed Records of Capin County. Texas esus eases ue THENCE North Dt'2WDB' Whet, with the common line of sold Winos Ridge Plop 4, Jobe South 2230'2Y Want, o distance of 14247 het to a port la o came in the North Properties Croat and mid 183 Land Corporation trash, o diet— of 120IL24 fed to a of o/ the above mantlaeed Cad Tung Teal tract same beag the cenman South LJpe comer tar o er of this b treathe above mantloned Willow Mg. Phones 4: THENCE leaving add coranan IInA aver and across mid Jobe front and Moe Ridge THENCE South BB35'DI' W.L elth sold common Ire. o dbtome of 156.05 feel to the Phom 4 the following — and datmase POINT OF BECRNDIG and containing 11.10 acres of Iand, mono or lua 1. Use osMrea c sous mm r+�o-eo �'` ---------------------------- JMAe1NF L16 1a N. nwTw Re•a 5alN C 7•Vb s�5'µ�me~'lesrrlra..ee aeeo "a � DeeeaA /Maven ! AemdaWv ere. 1W]5 HeM D M GIw3W/b 200 g CRAPEIIC SCALE Iv dot use a N07F THE TfOR0UGWA1tE NJWOWT(B) 9f0M91 ON T95 EMMUT ARE FOR TION PURPOSES ONLY NO DOES NOT SET THE AUGNWEIT. THE AUONWENT IS DETEMA1ED AT THE THE OF FRA. PUT. EXHIBIT 'Ae 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 01 shall be owned and maintained by the Willow Ridge Homeowner's Association. ;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 23, 2010 Date: November 19, 2010 Agenda Item: Consider and act upon an ordinance rezoning 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: On November 9, 2010, the Town Council approved zoning case Z10-0015, by a vote of 5-0. Town staff has prepared an ordinance rezoning the property. Budget Impact: There are no significant budget implications associated with the approval of this zoning request. Legal Obligations and Review: Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving a zoning request and adopting an ordinance rezoning property. A public hearing has been held and the Town Council approved the zoning case. The ordinance has been prepared. Review of the ordinance by the Town Attorney is not required. Attached Documents: 1. The Ordinance rezoning the property is attached. Town Staff Recommendation: Town staff recommends the Town Council adopt the attached ordinance, rezoning 0.4t 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. 4c - Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 10-_ AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 0.3829 ACRE, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-15 (SF-15) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF DOWNTOWN RETAIL (DTR); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and determined that Zoning Ordinance No. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Nasim, Inc. ("Applicant") to rezone 0.3829 acres of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findingsrporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the property containing 0.3829 acres of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Downtown Retail (DTR). The Property as a whole and for this zoning classification is more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes as if set forth verbatim. All development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Inspector and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time -to -time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (2001) of the District to be amended. SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5: Pend . 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 23`d 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 5th ISTREE I ZI I 1 (Y 1 POO�Spt� QRR q,naro,vzr r YAM rGrr w. K M1T. N 1GB P. qt 6� e- P. �lo ire p1�'t 1U t �01� ZONING SF-15 1S j0.' rxeu [ srN �roG Aa agammanur r6O' R.a PA ANC Mor LV GbllilAIL911'D rAvrA..l P. z0h m ® rxa Sr-15 =a Iw44 ID J 1 • �79'F- 0 ® ® ® ®® ® ® ® V8 Q I aIOL YYYYY ONDVG D PO I M m a I N Rr. — aN I U I ® ® ® I LEGEND •s aN,wm •R alNi mR muw GirN[r An 2114G1mJ Rq ,taint lAq lYMr Dlq Gr .O'iGYiaD1 ADR• K1ND gIDRD AYf M/RD I _ ILm/I6Nal[YIUI/EQD KtM ILq 1 RGD AYl6[DpDDN KN1.Mt I G�fju, AQlI IaDSG1}tV GIRD I AKl aq AID6 NDORD'�NK HD RM RNp MN 1 I 1 ZoMVG c ZOM sF-15 Z PRSP CEN TRI L ADDIT II �oo� REF. C 4 B. C, Sh T 64J C 0 20 ALLEY o © ZoNwG PD-u-DTO 1 goww sw 15! HILLSIDI ADDITION, REF. V. 2, P. 2 � 11$AIO SMq[YAIG[fG1' 1 tor, M.RAa LrI taltrf I .11O6Q' Nr. NC ,a mm,aYgtmaD-- _� — ! 51h STREET IRF. K Z P. at cam Noar xY `W 1 EYq�q), /. m I m ism ®i [O�i m tt r q ® ®I I G'gYDAb' K ZON VG MP-15 O 1®� ® � 1 � I Q PG�BROADWAY STREET I I 1 I 11 LOCATION MAP SCALE 0-1500' Ib t,G it f r rl.eL Ae�. rerl r GbbW r.wN YSYD rer a OIY�NO bDW lyd MbYL9(r Yr +r.Yt.l4 rf rb r aaf rr r rY 41 R r r � � wY qO qNf %JSRl brbvlrf b• b•MA'b. mr; Y vpW burr, b r M¢ o• NDIMc r DaugsAAe Mw s[c aDLYAr m q Dea cAr !q' [Gq GROSS 0.3829 ACRE NET 0.2410 ACRE X PROSD&,, CMN COWY ADSmcrt4 147.. caLLN c U LOT 1 LOT 2 LOT 3 FIFTH STREET � P,S N 90" OO' E GAS PIPELINE SIGN gh (� r T N rth 1/2 N6'rth 1./2 N rth 1/2 12� . N_ o th 1/2 LOB' 6 LOT 1 IOT9 OT 10 I NORTH 1&qF LOT$ 8, 7, 8, 9, 8; 10 I ' 4.3' Z ` ;64 o 100,4' v Ol o t po o M '�+ ONE STORY 4nt�Tiu o`. L S 100.4' S. P.P. South 1/2 South 1/2 South 1/2 South 1/2 '�' . 12500' S got. 0' W P.P. LOT 6 LOT 7 �OT 9 LOT 10 SO 112 OF LOTS 8, 7, 8, 9, 0 ELECTRICAL SURVEYOR NOTES: J. Bearings bumplat. DATE: Aug. 13, 2004 2. Steel rods found at property SURVEY NO.: 04-20967 cornNs used for control. TITLE SEARCH: Commerce Title 3. Use 8oatpropeaty line for G.F,: 141984 directional control. PURCHASER: NASIKInc. 4.Streetrightofwaydedicated 3ELLERt Walker PamByTmst withplat. SCALE: 1 inch = 20 fed au. i i W ADDRESS: 113 North Coleman Street, PROSPER, Texas. LEGAL: North oae o-half of Lots 6, 7, 8, 9 and 10, Block 2 of Bryant's Addidon, an addition to the City of Prosper, Conlin County, Texas, according to the plat thereofrecorded in Volume 116, Page 162, Dead Records, Collin County, Texas. NOTE: The easement recorded in Volume 568, Page 464 D. R. C. C. T. DOES NOT affect this property. TO: NAWK, W and Commerce 11de the andmngaed does haaby c rdfy that this mavey was this day made on the ground of the pmpmty legally dwanbed hemon ands coned and that that me no 44MVanoles, conflicts, mm+ohment % ovalapptng of improvements, visible easements m right of way. except n shown hereon and diet said property has accen to and Sam a dediested roadway. Avy tefamoe m ffie 100 you flood plain ar flood hazard zones am an estimate base on data shown on the Flood Inatnance Rase Map provided by FEMA and should not be intmpresed as a study or dommmadon of the flooding prapeneides of this prop". I I� sD P E R "A PLACE WHERE EVERYONE MATTERS" FINANCIALS FY 2010 - 2011 OCTOBER, 2010 PiF S PER. 'a place where everyone matters' CASH OVERVIEW END -OF -MONTH CASH OVERVIEW (RECONCILED) OCTOBER, 2010 Internal General Water/Sewer Service Cap Proj Cap Proj Cap Proj Storm *Parks **Impact ***Sp Rev Sp. Rev Fund Fund I & S Fund 04 Bond 06 Bond 08 Bond Drainage (Ded + Imo) Fees Fund Escrow EDC TOTALS CASH -LOCAL BANK 3,432,067 2,999,495 264,612 40,204 253,056 1,021,820 110,498 739,726 1,607,429 91,388 1,023,965 1,444,808 13,029,069 TEXPOOL BALANCE 23,881 3,002,128 337,255 - 165,527 - - - 2,194,023 - 71,257 5,794,072 TEXSTAR BALANCE 1,119,620 - - - - 1,067,726 2,619,083 - 1,235,693 2,476,303 - 970,131 21,168 9,509,724 TOTAL 4,575,568 6,001,623 601,868 40,204 418,583 1,067,726 3,640,903 110,498 1,975,419 6,277,756 91,388 1,994,096 1,537,232 28,332,865 ' Parks Fund combines Parks Dedication and Parks Improvement " Impact Fees consist of Water Impact, Sewer Impact and Thoroughfare Impact fees. Special Revenue Fund figure consist of Court Technology Fd, Court Security Fd, Police donations, Fire donations, Safety Fair donations, Child Safety collections, and Shattered Dreams donations. These are all retricted funds for specific purposes. Total Restricted Funds 16,218,441 I(SPER P 'a place where everyone matters' $7,000 — -- - $6,000 $5,000 i $4,000 VI V C V1 N 0 O � $3,000 $2,000 3,432 2,999 $1,000 i 337 $0 ,.265 General Water/Sewer I & S Fund Fund END -OF -MONTH CASH OVERVIEW (RECONCILED) OCTOBER, 2010 2,194 1,607 1,445 1,022 1,024 1 740 11,063I 40-- 1a a 1I0. 91 Internal Cap Proj Cap Proj Cap Proj Storm 'Parks "Impact ***Sp Rev Sp. Rev EOC Service 04 Bond 06 Bond 08 Bond Drainage (Ded+ Imp) Fees Fund Escrow Fund $13,029,069 46% $5,794,072 20% TEXSTAR BALANCE TEXPOOL BALANCE CASH -LOCAL BANK 9,509,724 34% $2,750 $2,500 $2,250 -gyp $2,000 $1,750 as j $1,500 O $1,250 $1000 $750 $500 $250 120% -a 100% a� 80% O V 60% U 40% Q) d 20% 0% PROPERTY TAX COLLECTIONS THREE (3) YEAR COMPARISON FOR PEAK COLLECTION MONTHS EA C AA Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept. PROPERTY TAX COLLECTIONS THREE (3) YEAR COMPARISON PERCENT OF TOTAL DUE (Before Adjustments) COLLECTED Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept % of Total % of Total Month _ _ Taxes Due Taxes Due Oct $ 48,517.92 0.94% $ 19,127.14 0.35% $ Nov $ 178,822.73 3.47% $ 134,228.60 2.49% Dec $ 2,123,446.32 41.26% $ 2,569,783.42 47.59% Jan $ 1,516,971.29 29.48% $ 1,428,265.19 26.45% Feb $ 800,731.47 15.56% $ 809,613.41 14.99% Mar $ 209,277.90 4.07% $ 253,646.04 4.70% Apr $ 31,317.89 0.61 % $ 79,658.28 1.48% May $ 101,971.76 1.98% $ 123,102.41 2.28% June $ 88,426.23 1.72% $ 51,866.19 0.96% July $ 80,718.20 1.57% $ 59,782.87 1.11 % Aug $ 27,893.94 0.54% $ 17,246.48 0.32% Sept $ 24,802.34 0.48% $ 10,093.15 0.19% $ Total Taxes s Due 67,083.22 1.11 % YTD Totals $ 5,232,897.99 101.68% $ 5,556,413.18 102.90% $ 67,083.22 $ 5,146,372.81 $ 5,399,872.83 $ 6,026,099.08 1.11 % Collected YTD includes delinquent collections Total taxes due includes delinquent before adjustments THREE YEAR (3) COMPARISON TOWN OF PROSPER SHARE OF SALES TAX PROSPER, TEXAS $250,000 $200,000 i f $150,000 $100,000 $50,000 Current Ye Town Share Town Share $ Amount % of Change Month FY 08/09 FY 09110 FY 10111 Inc / Dec Inc /(Dec) Oct $ 94,362.57 $ 100,898.03 $ 102,733.59 $ 1,835.56 1.82% Nov $ 102,455.23 $ 87,322.54 $ - $ - 0.00% Dec $ 75,727.34 $ 91,239.15 $ - $ - 0.00% Jan $ 94,211.42 $ 112,125.21 $ - $ - 0.00% Feb $ 61,017.45 $ 67,208.54 $ - $ - 0.00% Mar $ 65,889.62 $ 63,837.14 $ - $ - 0.00% Apr $ 88,604.24 $ 185,754.33 *** $ - $ - 0.00% May $ 88,311.00 $ 78,933.26 $ - $ - 0.00% June $ 83,398.78 $ 74,820.33 $ - $ - 0.00% July $ 114,686.45 $ 219,591.71 *** $ - $ - 0.00% Aug $ 104,612.27 $ 116,390.79 $ - $ - 0.00% Sept $ 99,414.58 $ 105,623.03 $ - $ - 0.00% YTD Totals $ 1,072,690.95 $ 1,303,744.06 $ 102,733.59 $ 1,835.56 1.82% $ 1,100,000.00 Budgeted Sales Tax ***Received large quarterly sales tax pmt from local business Oct Budgeted: $ 96,765.00 for month of Oct, 2010 Oct Received: $ 102,733.59 $ 5,968.59 Increase 6.168% Oct variance YTD Mo'ly Budgeted: $ 96,765.00 YTD Oct- 2010 YTD Mo'ly Received: $ 102,733.59 $ 5,968.59 Increase 6.168% YTD variance gluser_raa2 rbutler Torn of Prosper Page 1 10:56 11/11/10 Rev/Rxp Fund Category Rapt (3) Fund: Period Ending: 10/2010 accona Number OBNBRAL FOND Property Tax Sales Tax Franchise License, Pees, 4 Permits Charges for Services Grants Investments Income Fines a Warrants Transfer In miscellaneous Total Revenues appropriations Personnel materials and Supplies Torn Services / maintenance Contractual / Professional Bar Capital Iaterfond Transfer Out Total appropriations Revenue Over/Moder) Approp current Currenten reacurrent Current en ren Year month loath month YTD YTD YTD Remaining Adopted Budget actual variance Budget actual variance Budget 3,ee0,7e9.00- 3,ee0,789.00- 42,213.4e- 3,938,575.52 3,ee0,789.00- 42,213.4e- 3,818,575.52 3,83e,575.52- 1,103,500.00- 96,765.00- 102,733.59- 5,968.59- 96,765.00- 102,733.59- 5,968.59- 1,000,766.41- 327,550.00- 13.00- 9.84- 3.16 13.00- 9.84- 3.16 327,540.16- 622,17S..00- 570,200.00- 17,3S1.20- 552.84e.e0 570,200.00- 17,361.20- 552,848.80 604,823.80- 210,905.00- 197,705.00- 4,288.00- 193,417.00 197,705.00- 4,288.00- 193,417.00 206,617.00- 234,193.00- 234,183.00- 234,183.00 234,183.00- 234,193.00 234.183.00- 50,500.00- 50,500.00- 4,561.97- 45,93e.03 501500.00- 4,561.97- 45,93e.03 45,938.03- 220,000.00- 220,000.00- 26,478.56- 193,521.44 220,000.00- 26,478.56- 193,521.44 193,521.44- 429,400.00- 429,400.00- 429,400.00 429,400.00- 429,400.00 429,400,00- 36,110.00- 36,110.00- 6,042.90- 30,067.10 36,110.00- 6,042.90- 30,067.10 30,067.10- 7,115,112.00- 5,715,665.00- 203,679.54- 5,511,985.46 5,715,665.00- 203,679.54- 5,511,985.46 6,911,432.46- 4,791,400.00 4,.791,400..00 284,110.00 284,110.00 393,570.00 393,570.00 1,.367,130..00 1,367,130.00 185,435.00 185,435.00 93,467.00 93,467..00 7,115,112.00 7,115,112.00 1,399,447.00 196,072.37 4,505.,327.53- 4,791,400.00 11,320.00 272,790.00- 284,110.00 23,165.32 370,404.68- 393,570.00 104,017.31 1,263,112.69- 1,367,130.00 29,771.75 155,663.25- 165,435.00 93,467.00- 93,467.00 354.,346.75 6,760,765.25- 7,115,112.00 150,667.21 1,248,779.79- 1,399,447.00 196,072.37 4,605,327.63- 4,609,327.63 11,320.00 272,790.00- 272,790.00 23,165.32 370,404.66- 370,404.6e 104.017.31 1.263,112.69- 1,263,112.69 29,771.75 155,663.25- 155,663.25 93,467.00- 93,467.00 354,346.75 6,760,765.25- 6,760,765.25 150,667.21 1,248,779.79- 150,667.21- gluser_r&a2 rbutler Town of Prosper Page 2 10:58 11/11/10 Rev/Rzp Fund Category Rept (3) Fund: Period Ending: 10/2010 Accoun, Number current Current current Current CurrenE----------------CYr=6D eu rea Year Month Month Month YTO YM YTO Remaining Adopted Budget Actual variance Budget Actual variance Budget WATER a SEWER POAID Revenues Licenses, Peen, a Permits 11100.00- 1,100.00- 75.00- 1,025.00 1.100.00- 75.00- 1,025.00 11025.00- Investment Income 40,000.00- 40,000.00- 3,713.99- 36,286.01 40,000.00- 3,713.99- 36,286.01 36,286.01- Miscellaneous 15,000.00- 15,000.00- ll,561.17- 3,438.83 15,000.00- 11,561.17- 3,438.83 3,438.63- W/S Tap a Connection 135,000.00- 135,000.00- 8,013.00- 126,987.00 135,000.00- 8,013..00- 126,987.00 126,987.00- Service Initation Fees 18,000.00- 181000.00- 3,585.00- 14,415.00 18,000.00- 3,585.00- 14,415.00 14,415.00- Water Charges 3,300,000.00- 3,300,000.00- 355,966..87- 2,944,133.13 3,300,000.00- 355,866.87- 2,944,133.13 2,944..133.13- Sewer Charges 1,471,410.00- 1,471,410.00- 102,83.6.61- 1,368,573.39 1,471,410.00- 102,.8361.61- 1,368,.573.39 1,368,S73.39- Penalties 20,000.00- 20,000.00- 8,273.23- 11,726.77 20,000.00- 8,273.23- 11,726.77 11,726.77- Solid Waste Charges SB0,000.00- 590,000.00- 50,286.69- 529,713.31 560,000.00- 50,286.69- 529..713.31 529,713.31- Total Revenues 5,580,510.00- 5,580,510.00- 544,211.56- 5,036,298.44 5,580,510.00- 544,2ll.56- 5,036,298.44 3,036,798.44- Appropriations Personnel 585,275.00 585,27S.00 23,716.92 961,S58.08- 585,278.00 23,716.92 561,558.08- 561,3S8.08 Materials and Supplies 11030,050.00 110581850.00 2,836..44 1,056,013.56- 1,.058,850.00 2,836.44 1,.056.,013.56- 1,056,013.56 Town Services / Maintenance 482,475.00 482,475.00 29,639.28 452,835.72- 482,475.00 29,639.28 452,835.72- 452,835.72 Contractual/Prof"sional S6rvi 1,762,400.00 1,762,400.00 207,851.98 1,5S4,548.02- 1,762,400.00 207,851.98 1,554,.548.02- 1,554,548.02 Capital 15,000.00 15,000.00 15,000.00- 15,000.00 15,000.00- 13,000.00 Bonds 1,353,465.00 1,353,465.00 400.00 1,353,065.00- 1,353,465.00 400.00 1,353,065.00- 1,353,065.00 Iuterfund Transfers Out 422,725.00 422,725.00 422,725.00- 422,725.00 422.,725.00- 422,725-.90 Total Appropriations 5,680,190.00 5,680,190.00 264,444.62 5,415,745.38- 5,680,190.00 264,444.62 5,415,745.38- 5,415,745.30 Revenue Over/(Under) Approp 99,680.00 99,680.00 279,766.94- 379,446.94- 99,680.00 279,766.94- 379,446.94- 379,446.94 gluser_rea2 rbutler Torn of Prosper Page 3 10:58 11/11/10 Rev/Bzp Fund Category Rapt (3) Fund: Period Ending: 10/2010 Account Description -....Current Cur=en ran ran ran xen ran rea Number Year loath Month Month TTD TTD YTD Remaining Adapted Budget Actual variance Budget Actual Variance Budget INTEREST a SINKING F@ID Revenues Property Taz 2,161,.128.00- 2,161,128.00- 24,869.74- 2,136,258.26 2,161,128.00- 24,869.74- 2,136,250.26 2,136,258.26- Investment Income 24,000.00- 24,000.00- 327.42- 23,672.58 24,000.00- 327.42- 23,672.58 23,672.58- Total Revenues 2,185,128.00- 2,185,128.00- 25,197.16- 2,159,930.84 2,185,129.00- 25,.197.16- 2,159,930.84 2.159,930.84- Appropriations Bonds 2,000,499.00 2,000,499.00 2,000,499.00- 2,000,499.00 2,000,499.00- 2,000,499.00 Interfund Transfers Out Total Appropriations 2,000,499.00 2,000,499.,00 2,000,.499.00- 2,000,499.00 2,000,499.00- 2,000,499.00 Revenue Over/(Under) Approp INTS31" SERVICE P0181 184,629.00- 164,629.00- 25,197.16- 159,431.84 164,629.00- 25,197.16- 159,431.84 159,431.84- Revenue Interest Income 500.00- 500.00- 58.85- 441.15 500.00- 58.85- 441.15 441.15- Interfund Transfers in 71,030.00- 71,030.00- 2,680.00- 68,130.00 71,010.00- 21880.00- 68,130.00 68,130.00- Total Revenues 71,510.00- 71,510.00- 2,938.85- 68,571.15 71,510.00- 2,938.85- 68,571.15 68,571.15- Appropriations Personnel 50,000.00 50,000.00 8,087.62 41,912.38- 50,000.00 8,087.62 41,912.38- 41,912.38 Total Appropriations 30,000.00 50,000.00 8,007.62 41,912.38- 30,000.00 8,097.62 411912.38- 41,912.38 Revenue Over/(Mder) Approp 21,510.00- 21,510.00- 5,148.77 26,658.77 21,510.00- 5,148.77 26,658.77 26,658.77- gluser_raa2 rbutler Town of Prosper Page 4 10:58 11/11/10 Rev/Rrp Fund Category Rept (3) Fund: Period Ending: 10/2010 account Description Current Currenten ren rancurrent Current Number Year Month Month ]Month YTD 1= YTD Remaining .Adopted Budget Actual Variance Budget Actual Vaxiance Budget STORK DRAINAGE FOND Revenues Storm Drainage Utility Fee 168,000.00- 1684000.00- 14,550.03- 153,449.97 168,000.00- 14,550.03- 153.449.97 153,449.97- Total Investment Income 200.00- 200.00- 132.64- 67.36 200.00- 132.64- 67.36 67.36- Total Ntscellansoua 500.00- SO0.00- SO0.00 500.00- S00..00 500.00- Total Revenues 168,.700.00- 168,700.00- 14,682.67- 154,017.33 168,700.00- 14,682.67- 154,017.33 154,017.33- Appropriations Total Professional Services 140,000.00 140,000.00 140,000.00- 140,000..00 140,000.00- 140,000,00 Total Contract services Total Capital 10,000.00 10,000.00 10,000.00- 10,000.00 10,000.00- 10,000.00 Total Interfund Transfer Out 11,400.00 11,400.00 11,400.00- 11,400.00 11.400..00- 11.400.00 Total Appropriations 161,400.00 161,400.00 161,400.00- 161,400.00 161,400.00- 161,400.00 Total Revenue Over/(under) App 7,300.00- 7,300.00- 14,682.67- 7,382.67- 7,300.00- 14,682.67- 7,382.67- 7,382.67 PARES FUND Revenue Investment Income 81000.00- 8,000.00- 1,011.51- 6,988.49 81000.00- 11011.51- 6,988.49 6,988.49- Park Pees 220,000.00- 220,000.00- 220,000.00 220,000.00- 220,000.00 220,000.00- Total Revenues 228,000.00- 228,000.00- 1,011.51- 226,988.49 228,000.00- 11011.51- 226,980.49 226,988.49- Appropriations (Parka) Contractual / Professional Bar 201,000.00 201,000.00 201,000.00- 201,000.00 201,000.00- 201,000.00 Total Appropriations 201,000.00 201,000.00 201,000.00- 201,000.00 201,000.00- ; 201,000.00-------------- Revenue Over/(Under) Approp 27,000.00- 27,000.00- 1,011.51- 25,988.49 27,000.00- 11011.51- 25,988.49 25,988.49- gluser_rea2 rbutler Town of Prosper Page 5 10:58 11/11/10 Rev/Rxp Fund Category Rept (3) Fund: Period Ending: 10/2010 Account DeaCrlption Number IMPACT FEES FOND Revenue Inveatment Income Impact Fees Total Revenues Appropriations Contractual/Professional Servi Capital Intarfund Tranafara Out Total Appropriations Revenue Over/(Dnder) Approp SPRCIAL RBVBN06 DONATION FMW Revenue Court Fees Contrihutiona Escrow Income Grants Miscellaneous Total Revenues current Current Current Current...............Current Current currentcurrent Year month month month 1= YTD YTD Remaining Adopted Budget Actual variance Budget actual variance Budget 25,000.00- 25,000.00- 2,573.37- 22,426.-63 25,000.00- 2,573.37- 22.426.63 22,426.63- 650,000.00- 6501000.00- 21,100.00- 628,900.00 6501000.00- 21,100.00- 628,900.00 628,900.00- 675,000.00- 675,000.00- 23,673.37- 651,326.63 675,000.00- 23,673.37- 651,326.63 651,326.63- 1,300,000.00 1,300,000.00 1,300,000.00- 1,300,000.00 11900,000.00- 1,300,000.00 1,300,000.00 1,300,000.00 1,300,000.00- 1,300,000.00 1,300,000.00- 1,300,000.00 625,000.00 625,000.00 23,673.37- 646,673.37- 625,000.00 23,673.37- 64B,673.37- 644,673.37 61900.00- 61900.00- 855.94- 6,044.06 6,900.00- 855.94- 6,044.06 6,044.06- 43,500.00- 43,500.00- 10,013.90- 33,486.10 43,500.00- 10,013,90- 33,486,10 33,486.10- 5,122.83- 5,122.83- 5,122.83- 5,122.83- 5,122.83 2,000.00- 2,000.00- 2,000.00 2,000.00- 2,000.00 2,000.00- 52,400.00- 52,400.00- 15,992.67- 36,407.33 52,400.00- 15,992.67- 36,407.33 36,407.33- gluser_raa2 rbutler Town of Prosper Page 6 10:58 11/11/10 Rev/Erp Fund Category Rapt (3) Fund: Period Ending: 10/2010 Account Description Current Currentcurrent Current current current eacurrent Number Year Month Month Month YTD YTD YTD Remaining Adopted Budget Actual Variance Budget actual Variance Budget Appropriations (Sp. Rev.) Town 8ervicea/Nalatenance 59,200.00 59,200.00 6,592.55 52,607.45- 59,200.00 $1592.55 52,607.45- 92,607.45 Total Appropriations 59,200.00 59,200.00 6,592.55 52,607.45- 59,200.00 6,592.55 52,607.45- 52,607.45 Revenue Over/(0lnder) Approp 6,800.00 6,800.00 9,400.12- 16,200.12- 6,800.00 9,400.12- 16,200.12- 16,200.12 CAPITAL PROJECTS FM Revenue Grants/Reimbursements 235,000.00- 235,000.00- 235,000.00 235,000.00- 235,000.00 235,000.00- Investment Income 55,000.00- 55,000.00- 2,572.13- 52,427.87 55,000.00- 2,572..13- 52.427.87 52,427.87- Interftmd Transfers In Road Proceeds Total Revenue 290,000.00- 290,000.00- 2,572.13- 287,427.87 290,000.00- 2,572..-13- 287,427.87 287,427.87- Appropriations Contractual/Professional Servi 96,885.00 96,885.00 3,606.28 93,278.72- 96,885.00 3,606.28 93,278.72- 93,278.72 Capital 6,400,000.00 6,400,000.00 207,330.25 6,192,669.75- 6,400,000.00 207,330.25 6,192,669.73- 6,192,669.75 Bond Coate 2,045.00 2,045.00 2,045.00 2.045.00 2,045.00- Total Interfund Transfers Out Total Appropriations 6,496,895.00 6,496,895.00 212,991.53 6,283,903.47- 6,496,899.00 212,981.53 6,.283,903.47- 6,293,903.47 Revenue Over/(IIndar) Approp 6,.206,985.00 61206-,805.00 210,409.40 5,996,475.60- 6,206,885.00 210,409.40 5,996,475.60- 5,996,475.60 gluser_raa2 rbutler Town of Prosper Page 7 10:38 11/11/10 Rev/Bzp Fund Category Rapt (3) Fund: Period Ending: 10/2010 --ACCO nt Description Ndmber ECONOMIC DBVBLOPMBMT CORP Revenues Sales Taz Investment Income Other Income Total Revenues Appropriations Personnel Maintenance a supplies Town Services/Maintenance Contractual/Professional Servi Capital Intertund Transfer Out Total Appropriations Revenue over/ (under) Approp current rent ren Curren current currentran Curren Tear Month mouth Month TTD 7w TTD Remaining Adopted andget Actual Variance Budget Actual variance Budget 366,667.00- 366,667.00- 34,244.53- 332,422.47 366,667.00- 34,244.53- 332,422.47 332,422.47- 20,000.00- 20,000.00- 1,617.93- 16,362.07 20,000.00- 1,617.93- 18,382.07 18,362.07- 306,667.00- 386,667.00- 35,862.46- 350,804.54 386,667.00- 35,862.46- 356.,804.54 350,804.54- 29,005.00 29,005.00 1,388.16 27,616.64- 29,005.00 1,399.16 27,616.84- 27,616.84 4,000.00 4,000.00 65.38 3,934.62- 4,000.00 65.38 3,934.62- 3,934.52 37,300.00 37,300.00 1,731.44 35,568.56- 37,300.00 1,731.44 35,568.56- 35,568.56 97,450.00 97,450.00 3,962.69 83,487.31- 97,450.00 3,962.69 83,487.31- 83.407.31 157,755.00 157,755.00 7,147.67 150,607.33- 157,755.00 7,147.67 150,607.33- 150.607.33 228,912.00- 228,912.00- 28,714.79- 200,197.21 228,912.00- 26,714.79- 200,197.21 200,197.21- IOSPER WN 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. 6 Re: Town Council Meeting — November 23, 2010 Date: November 19, 2010 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 second 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. 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DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED LISH TO CONVEY OR ESTABINTEREST IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTEREST SUPPLIED OR ESTAMMED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR AHICH IT WAS PREPARED. i PuuF AN N EXATI ON E X H 1 B 1 T 'A' EXHIBIT A EN A MW ACIE Aral 10 RE M IF Rd71Rq NIA OAIAIT. OM AM SM A PART OF ➢E U RIN mom SJA1[f, IBSMACT in so T— /Aooileo�] ri.s nlM�a MT E iM Sbrl 7b E rxA AK. EJb x10 T+ge..T(m7 als-1mx T.Ilpv. (n1)abnx m.� wll ovw] s.e. I'�lpp' AP3 xi. xme SHEET 1 OF 1 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 l WHEREAS, the Town Council finds the public hearings were conducted on or after the fortieth (40'') 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: Findin sg 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 14t' 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 INCLIDED 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 'h) 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. riSPER 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. 7 Re: Town Council Meeting — November 23, 2010 Date: November 18, 2010 Agenda Item: Consider and act upon appointing an individual to the Parks and Recreation Board to fill and unexpired term. Description of Agenda Item: Mark Kelly resigned from the Parks and Recreation Board this week. His term will expire September 2011. Budget Impact: There is no impact on the budget. Legal Obligations and Review: N/A Attached Documents: Applications Town Staff Recommendation: Town Staff recommends that Council appoint an individual to the Parks and Recreation Board to fill and unexpired term. Agenda Item No. 7 - Page 1 of 1