10.11.2011 Town Council PacketPage 1 of 2
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1. Call to Order / Roll Call
2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag.
3. Announcements of dates and times of upcoming community events.
4. Presentation of a Proclamation recognizing the Dixie League World Series Champions.
5. CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non-
controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council
is required to remove any item for discussion and separate action. Council members may vote nay on
any single item without comment and may submit written comments as part of the official record.)
MINUTES, RESOLUTIONS AND OTHER ITEMS
5a. Consider and act upon minutes from the following Council meeting (AP)
• September 27, 2011 – Work Session and Regular Town Council Meeting(s)
5b. Consider and act upon Resolution No. 11-61, accepting and approving the 2011 Tax
Roll. (MG)
5c. Consider and act upon 1) an Engineering Design Services Agreement with RLK
Engineering Inc., for the design of the SH 289 Utility Relocations and 2) Resolution
No. 11-62 authorizing the Town Manager to execute the same. (MB)
6. 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.)
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 item will be recognized on a case-by-case
basis, at the discretion of the Mayor and Town Council.)
AGENDA
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, October 11, 2011 at 6:00 p.m.
Page 2 of 2
DEPARTMENT ITEMS
7. Consider and discuss cancelling the November 22, 2011 and December 27, 2011 regular Town
Council Meetings. (ML)
8. Consider and act upon initiating Stage 3 Drought Contingency and Water Emergency Response
Measures. (FJ)
9. Discuss the request of an All-Way Stop at the intersection of Ridgewood and Hayes Road. (KM)
10. Consider an act upon Ordinance No. 11-69, establishing speed limits for Hays Road and E. First
(specifically between Coit and Custer Roads). (GM)
11. EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to
wit; and Section 551.071 Meeting with City Attorney regarding a matter(s) in which the duty of the
City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas
conflicts with the Open Meetings Act regarding:
11a. Section 551.074. To deliberate the annual evaluation of Town Manager Mike Land.
11b. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the
First Street/Coit Road Improvements project.
11c. Section 551.087. To deliberate regarding Economic Development Incentive for properties
located south of Prosper Trail, West of Custer, east of Dallas North Tollway and north of
Highway 380.
11d. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
12. Possible direct Town Staff to schedule topic(s) for discussion at a future meeting.
13. 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 at least 72 hours before said meeting was convened.
_________________________________ ________________ ____________________
Amy Piukana, TRMC
Town Secretary Date Notice Posted 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) 569-1013. BRAILLE IS NOT AVAILABLE.
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Prosper is a place where everyone matters.
I. Call to Order / Roll Call.
Mayor Smith called the meeting to order at 5:01 p.m.
Council present included: Mayor Ray Smith, Mayor Pro Tem Kenneth Dugger, Deputy Mayor Pro
Tem Meigs Miller, Danny Wilson, Curry Vogelsang Jr., Dave Benefield and Jason Dixon.
Council Member(s) absent: None
II. Council Members discussed the appointment of individuals to the Parks and Recreation
Board, Planning & Zoning Commission, Board of Adjustment/Construction Board of
Appeals, Economic Development Corporation, and Upper Trinity Water District.
III. Adjournment – The meeting adjourned at 5:59 p.m.
___________________________________
Ray Smith, Mayor
ATTEST:
___________________________
Amy M. Piukana, TRMC
Town Secretary
MINUTES
Town of Prosper
Work Session
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, September 27, 2011
Work Session begins at 5:00 p.m.
Page 1 of 4
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Prosper is a place where everyone matters.
1. Call to Order / Roll Call.
Mayor Smith called the meeting to order at 6:01 p.m.
Council present included: Mayor Ray Smith, Mayor Pro Tem Kenneth Dugger, Deputy Mayor Pro
Tem Meigs Miller, Danny Wilson, Curry Vogelsang Jr., Dave Benefield and Jason Dixon.
Council Member(s) absent: None
Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary; Hulon Webb,
Director of Development Services; Chris Copple, Planning & Zoning Manager; Matthew Garrett,
Finance Director; Wade Harden, Senior Planner Parks & Recreation; Michael Bulla, CIP Project
Manager.
2. The Invocation was given by Pastor John Fowler with Prosper United Methodist Church. The
Pledge of Allegiance, and Pledge to the Texas Flag was given.
3. Announcements of dates and times of upcoming community events – Town Manager Mike Land
announced the annual Health and Safety Fair and National Night Out is set for Tuesday, October 4,
2011 at Reynolds Middle School’s multi-purpose building, starting at 5:30 p.m.
4. Mayor Smith presented a Certificate of Appreciation to Jennifer Sanchez for her assistance with the
Grand Opening of Boyer Park.
5. Mayor Smith presented a Certificate of Appreciation to Melissa Randle for her assistance with the
Frontier Park Festival.
6. CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non-
controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council
is required to remove any item for discussion and separate action. Council members may vote nay on
any single item without comment and may submit written comments as part of the official record.)
MINUTES, RESOLUTIONS AND OTHER ITEMS
6a. Consider and act upon minutes from the following Council meeting (AP)
• September 13, 2011 – Regular Town Council Meeting
6b. Consider and act upon Ordinance No. 11-68, adopting the 2011-2012 Prosper Economic
Development Corporation Budget. (MG)
MINUTES
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway
Prosper, TX 75078
Tuesday, September 27, 2011 at 6:00 p.m.
Page 2 of 4
6c. Consider and act upon the August 2011 monthly financial statements. (MG)
6d. Consider and act upon 1) an interlocal agreement between the Town of Prosper and the City
of Frisco regarding the provision of Geographic Information Systems (GIS) Services to the
Town and 2) Resolution No. 11-60 authorizing the Town Manager to execute the same. (CC)
6e. Consider and act upon an Encroachment on Easement Agreement within the limits of the
Cynthia Cockrell Elementary School property, by and between Oncor Electric Delivery
Company and the Town of Prosper. (HW)
Council Member Dixon made a motion to approve Consent Items 6a-6e, as presented. Motion
seconded by Council Member Benefield. Motion approved by vote of 7-0.
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.)
7. Other Comments by the Public – There was no one present that wished to speak.
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 item will be recognized on a case-by-case basis, at
the discretion of the Mayor and Town Council.)
DEPARTMENT ITEMS
8. Discuss and appoint individuals to the Parks and Recreation Board, Planning & Zoning Commission,
Board of Adjustment/Construction Board of Appeals, Economic Development Corporation and
Upper Trinity Water District appointment.
Council Member Benefield made a motion to appoint the following Board Members:
• Planning and Zoning Commission: Bill Senkel for a one year term; Mike McClung; Chris
Keith, Jim Cox and Bruce Carlin.
• Parks and Recreation Board: Barbara Cottone; Chuck Stuber; Hope Malone; and Brad Black.
• Board of Adjustment: Bryan Dennis; Matthew Jakusz; Emily Lewis as Alternate.
• Economic Development: Reappointment of Ray Smith and Daniel Jones.
• Upper Trinity Water District: George Dupont.
Page 3 of 4
Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 7-0.
9. Discussion regarding the Upper Trinity Watershed Program. Director of Development Hulon Webb
briefed Council regarding the program. Staff recommended the Town see the plans prior to any
Resolution.
No action was taken on this item.
10. Consider and act upon Ordinance No. 11-66 establishing a fund balance policy for each of
the major governmental funds in accordance with Governmental Accounting Standards Board
(GASB) Statement Number 54. Finance Director Matthew Garrett briefed Council regarding the
requirements and policy.
After discussion, Deputy Mayor ProTem Miller moved to approve Ordinance No. 11-66 establishing
a fund balance policy for each of the major governmental funds in accordance with Governmental
Accounting Standards Board (GASB) Statement Number 54. Motion seconded by Mayor Pro Tem
Dugger. Motion approved by vote of 7-0.
11. Consider and act upon Ordinance No. 11-67 amending the Fiscal Year 2010-2011 Budget
for municipal purposes approving changes made in FY 2010-2011 Budget Amendment #3. This item
was withdrawn and no action was taken.
12. EXECUTIVE SESSION – Mayor Pro Tem Dugger made a motion to recess into Executive Session at
6:25 p.m. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 7-0.
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to
wit; and Section 551.071 Meeting with City Attorney regarding a matter(s) in which the duty of the
City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas
conflicts with the Open Meetings Act regarding:
12a. Section 551.074. To deliberate the annual evaluation of Town Manager Mike Land.
12b. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the
First Street/Coit Road Improvements project.
12c. Section 551.087. To deliberate regarding an Economic Development Incentive of property
located south of Prosper Trail, West of Custer, east of Dallas North Tollway and north of
Highway 380.
12d. Section 551.087. To deliberate regarding Economic Development negotiation of property
south of Fishtrap, North of Hwy. 380, East of FM 1385, and West of Burlington Northern
Railroad.
12e. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Mayor Pro Tem Dugger moved to reconvene into Regular Session at 7:56 p.m. Motion seconded
by Council Member Deputy Mayor Pro Tem Miller. Motion prevailed by vote of 7-0. No action was
taken.
Page 4 of 4
13. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Mayor Pro Tem
Dugger asked for an update regarding the Hayes Road project. Council Member Vogelsang asked
staff to provide safety policies and procedures regarding stop signs at the next meeting.
14. Adjourn – Mayor Pro Tem Dugger moved to adjourn the meeting. Motion seconded by Deputy
Mayor Pro Tem Miller. Motion approved by vote of 7-0.
The meeting adjourned at 7:58 p.m.
___________________________________
Ray Smith, Mayor
ATTEST:
___________________________
Amy M. Piukana, TRMC
Town Secretary
Page 1 of 1
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Mike Land, Town Manager
Re: Town Council Meeting – October 11, 2011
Date: October 6, 2011
Agenda Item:
Consider and act upon a resolution accepting and approving the 2011 Tax Roll.
Description of Agenda Item:
The Texas Property Tax Code, Section 26.09 (e) requires the Town Council to approve the
Appraised Roll with tax amounts entered by the Assessor. The Collin County Tax Assessor
Collector provided the attached letter and 2011 Tax Roll Summary with a taxable value of
$1,205,781,261.
Budget Impact:
Consistent with Budget
Legal Obligations and Review:
Approval of this resolution is required by the Texas Property Tax Code, Section 26.09 (e).
Attached Documents:
Letter from the Collin County Tax Assessor Collector
2011 Tax Roll Summary
Resolution Approving the 2011 Tax Roll
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
Town staff recommends that the Town Council approve the resolution approving the 2011 Tax
Roll as provided by the Assessor.
Prosper is a place where everyone matters.
Administration
TOWN OF PROSPER, TEXAS RESOLUTION NO. 11-61
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ACCEPTING
AND APPROVING THE 2011 APPRAISAL ROLL WITH TAX AMOUNTS ENTERED BY THE
ASSESSOR, RESOLVING OTHER MATTERS RELATING TO THE SUBJECT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Texas Property Tax Code, Section 26.09(e) requires the Town Council to approve the
Appraisal Roll, and
WHEREAS, the Town received notification from the Collin County Tax Assessor Collector as to the
Tax Roll jurisdiction summary as of October 3, 2011, and
WHEREAS, a statement summary of said 2011 Tax Roll is attached hereto as Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
Section 1. The Town Council of the Town of Prosper, Texas does hereby accept and approve the 2011
Tax Roll as submitted by the Collin County Tax Assessor Collector.
Section 2. That the attached Exhibit “A” constitutes the official Town of Prosper 2010 Tax Roll,
containing a taxable value of $1,205,781,261.
Section 3. That all matters stated in the preamble of this resolution are true and correct and are hereby
incorporated into the body of this resolution as if copied in their entirety.
Section 4. That this resolution is effective on the date of passage by the Town Council.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, on this 11th day of October, 2011.
____________________________________
Ray Smith, Mayor
ATTEST:
____________________________________
Amy Piukana TRMC, Town Secretary
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Mike Land, Town Manager
Frank E. Jaromin, P.E., Director of Public Works
Michael Bulla, CIP Project Manager
Re: Town Council Meeting – October 11, 2011
Date: October 4, 2011
Agenda Item:
Consider and act upon 1) enter into an Engineering Design Services Agreement with RLK
Engineering Inc., for the design of the SH 289 Utility Relocations and 2) approve a resolution
authorizing the Town Manager to execute the same.
Description of Agenda Item:
The Texas Department of Transportation is preparing to begin the reconstruction of SH 289
(Preston Road) from US 380 to FM 1461. The two lane asphalt highway will be widened to a
six-lane divided roadway through the Town of Prosper. The Town of Prosper owns and
maintains several water and sewer facilities currently within the right-of-way TxDOT will be
utilizing for the expansion of the road.
This agreement is for the design services necessary to adjust and relocate the Town’s facilities
away from the impending roadway and drainage improvements. At this time, we have identified
six locations adjacent to Preston Road where utility lines must be lowered. These improvements
encompass approximately 2450 LF of existing water lines and nearly 200 LF of sanitary sewer
force main.
The proposed design will also include extending the existing 12” water line on the west side of
Preston 750 LF south of Preston Lakes, to improve the undersized line currently crossing
Preston Road at Pasewark.
Budget Impact:
The $31,250 for the design of the improvements is to be funded by the Utility Fund. There are
currently no funds budgeted for the construction of the proposed improvements.
Legal Obligations and Review:
The contract is a standard engineering services agreement previously approved by the Town
Attorney.
Attached Documents:
The following documentation is being provided for review:
• Engineering Design Services Agreement
• Opinion of Probable Cost
ENGINEERING
Prosper is a place where everyone matters.
Page 2 of 2
• Resolution authorizing the Town Manager to execute the agreement
• Map of locations
Board, Committee and/or Staff Recommendation:
Town staff recommends that the Town Council: 1) approve an Engineering Design Services
Agreement with RLK Engineering Inc., regarding the design of the SH 289 Utility Relocations; 2)
approve a resolution authorizing the Town Manager to execute the same.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 11-62
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN
ENGINEERING DESIGN SERVICES AGREEMENT FOR THE SH 289
UTILITY RELOCATIONS, BETWEEN RLK ENGINEERING INC., AND
THE TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, an
Engineering Design Services Agreement for the SH 289 Utility Relocations, between
RLK Engineering Inc., and the Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 11th of October, 2011.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
1 LS 20,000.00$ 20,000.00$
2 LF 55.00$ 176,000.00$
3 TON 5,000.00$ 25,000.00$
4 EA 3,500.00$ 17,500.00$
5 EA 3,500.00$ 14,000.00$
6 LF 120.00$ 18,000.00$
7 LF 65.00$ 13,000.00$
8 LS 7,500.00$ 7,500.00$
9 LS 40,000.00$ 40,000.00$
331,000.00$
33,100.00$
364,100.00$
27,300.00$
3,950.00$
31,250.00$
Fire Hydrants
Steel Encasment
Erosion Control 1
4
150
This pre-design opinion of probable construction cost has been prepared based upon limited existing information available and is subject to change
upon design completion. This opinion of construction cost was prepared by Chad A. Pendley, P.E., Project Manager, on September 22, 2011.
Water Valves 5
Sanitary Sewer Force Main 200
Project Subtotal
10% Contingency
Total Project Cost
Prosper Trail Intersection Contingency 1
Pre Design Opinion of Probable Construction Cost
Client: Town of Prosper
Project: SH 289 Utility 407 E. First Street
Date: July 26, 2011
Relocations Prosper, TX 75078
Engr. Project #: 11081F
Project Manager: Chad A. Pendley, P.E.Contact: Michael Bulla
Project Desc: Water/Sewer Relocataions
Item # Item Description Unit Cost/Unit
Mobilization & Bonds 1
Qty Total Item Cost
Water Line 3200
Ductile Iron Fittings 5
TOTAL PROFESSIONAL SERVICES
Basic Engineering Services Fee
Topograhic & Boundary Survey for Design
Design Services Agreement Page 1 of 17
AGREEMENT
BETWEEN
THE TOWN OF PROSPER, TEXAS (TOWN)
AND
RLK ENGINEERING, INC. (CONSULTANT)
FOR
ENGINEERING DESIGN
SERVICES
AGREEMENT
made as of the ___ day of ________ in the Year Two Thousand and Eleven:
BETWEEN the Town: The Town of Prosper, Texas
P.O. Box 307
121 W Broadway
Prosper, Texas 75078
telephone 972-346-2640
facsimile 972-347-2111
and the Consultant: RLK Engineering, Inc.
6175 Main Street, Suite 395
Frisco, Texas 75034
telephone 214-619-1733
facsimile 214-619-1833
for the following Project:
PRESTON ROAD (SH 289) UTILTY RELOCATIONS
The Town and the Consultant agree as set forth below.
THIS AGREEMENT is made and entered by and between the Town of Prosper,
Texas, hereinafter referred to as “Town”, and RLK Engineering, Inc.,
hereinafter referred to as “Consultant”, to be effective from and after the date as
provided herein the “Agreement”.
Design Services Agreement Page 2 of 17
WHEREAS, the Town desires to engage the services of the Consultant to
prepare Engineering Design Documents for water and sanitary sewer line
relocations along Preston Road (SH 289) in preparation for the proposed
widening of Preston Road (SH 289) by others, hereinafter referred to as the
“Project”; and
WHEREAS, the Consultant desires to render such Engineering services for the
Town upon the terms and conditions provided herein.
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That for and in consideration of the covenants contained herein, and for the
mutual benefits to be obtained hereby, the parities hereto agree as follows:
ARTICLE 1
CONSULTANT’S SERVICES
1.1 Employment of the Consultant - The Town hereby agrees to retain the
Consultant to perform professional services in connection with the Project.
Consultant agrees to perform such services in accordance with the terms
and conditions of this Agreement.
1.2 Scope of Services - The parties agree that Consultant shall perform such
services as are set forth and described in Exhibit “A”, which is attached
hereto and incorporated herein by reference for all purposes. The parties
understand and agree that deviations or modifications to the scope of
services described in Exhibit “A”, in the form of written change orders, may
be authorized from time to time by the Town.
1.3 Schedule of Work - The Consultant agrees to commence work
immediately upon execution of this Agreement, and to proceed diligently
with said work to completion as described in the Completion
Schedule/Project Billing/Project Budget attached hereto as Exhibit “B” and
incorporated herein by reference for all purposes.
ARTICLE 2
THE TOWN'S RESPONSIBILITIES
2.1 Project Data - The Town shall furnish required information, that it
currently has in its possession, as expeditiously as necessary for the
orderly progress of the work, and the Consultant shall be entitled to rely
upon the accuracy and completeness thereof.
2.2 Town Project Manager - The Town shall designate, when necessary, a
representative authorized to act on the Town's behalf with respect to the
Project (the “Project Manager”). The Town or such authorized
representative shall examine the documents submitted by the Consultant
and shall render any required decisions pertaining thereto as soon as
Design Services Agreement Page 3 of 17
practical so as to avoid unreasonable delay in the progress of the
Consultant's services.
ARTICLE 3
CONSULTANT’S COMPENSATION
3.1 Compensation for Consultant's Services - As described in “Article 1,
Consultant's Services”, compensation for this project shall be on a time
and expense basis not to exceed Thirty One Thousand Two Hundred Fifty
Dollars and Zero cents ($ 31,250.00), (“Consultant’s Fee”) and shall be
paid in accordance with Article 3 and the Completion Schedule/Project
Billing/Project Budget as set forth in Exhibit “B”. The final 5% of the
Consultant’s Fee, or ($ 1,562.50), shall not be paid until the Consultant
has delivered the final product as specified in the Project Deliverables
section of the Scope of Services attached hereto as Exhibit “A”.
3.4 Invoices – No payment to the Consultant shall be made until Consultant
tenders an invoice to the Town. Payments are payable to the Consultant
within thirty (30) days from the date of invoice as long as the invoice is
mailed to Town within three (3) days of the date of the invoice. Invoices
are to be mailed to Town immediately upon completion of each individual
task listed in Exhibit “B”. If any invoice remains outstanding and unpaid for
more than sixty (60) days from the date of invoice, and Consultant has
fully performed its obligations as set forth herein, the Consultant has the
option upon written notice to the Town, to suspend all work specified
under this Agreement until the account is brought current. Continued
performance and/or completion of work by the Consultant under this
Agreement shall resume upon the payment of the earned fees by the
Town.
3.5 Failure to Pay - Failure of the Town to pay an invoice, for a reason other
than cause, to the Consultant within sixty (60) days from the date of the
invoice shall grant the Consultant the right, in addition to any and all other
rights provided, to, upon written notice to the Town, refuse to render
further services to the Town and such act or acts shall not be deemed a
breach of this Agreement. The Town shall not be required to pay any
invoice submitted by the Consultant if the Consultant breached any
provision(s) herein.
3.6 Adjusted Compensation - If the Scope of the Project or if the
Consultant's services are materially changed, the amounts of the
Consultant’s compensation shall be equitably adjusted as approved by
Town. Any additional amounts paid to the Consultant as a result of any
material change to the Scope of the Project shall be agreed upon in
writing by both parties before the services are performed.
3.7 Project Suspension - If the Project is suspended or abandoned in whole
or in part for more than three (3) months, Consultant shall be entitled to
compensation for any and all work completed to the satisfaction of Town
Design Services Agreement Page 4 of 17
in accordance with the provisions of this Agreement prior to suspension or
abandonment. In the event of such suspension or abandonment,
Consultant shall deliver to Town all finished or unfinished documents,
data, studies, surveys, drawings, maps, models, reports, photographs
and/or any other items prepared by Consultant in connection with this
Agreement prior to Consultant receiving final payment. If the Project is
resumed after being suspended for more than three (3) months, the
Consultant's compensation shall be equitably adjusted as approved by the
Town. Any additional amounts paid to the Consultant after the Project is
resumed shall be agreed upon in writing by both parties before the
services are performed.
ARTICLE 4
AUDITS AND RECORDS/PROHIBITED INTEREST
The Consultant agrees that at any time during normal business hours and as
often as Town may deem necessary, Consultant shall make available to
representatives of the Town for examination all of its records with respect to all
matters covered by this Agreement, and will permit such representatives of the
Town to audit, examine, copy and make excerpts or transcripts from such
records, and to make audits of all contracts, invoices, materials, payrolls, records
of personnel, conditions of employment and other data relating to all matters
covered by this Agreement, all for a period of one (1) year from the date of final
settlement of this Agreement or for such other or longer period, if any, as may be
required by applicable statute or other lawful requirement.
The Consultant agrees that it is aware of the prohibited interest requirement of
the Town Charter, which is repeated on the Affidavit, and will abide by the same.
Further, a lawful representative of Consultant shall execute the Affidavit attached
hereto and incorporated herein by reference for all purposes. Consultant
understands and agrees that the existence of a prohibited interest during the
term of this Agreement will render the Agreement voidable.
ARTICLE 5
TERMINATION OF AGREEMENT/REMEDIES
Town may, on thirty (30) days written notice to Consultant, terminate this
Agreement, for any reason, before the termination date hereof, and without
prejudice to any other remedy it may have. If Town terminates this Agreement
due to a default of and/or breach by Consultant and the expense of finishing the
Project exceeds the Consultant’s Fee at the time of termination, Consultant
waives its right to any portion of Consultant’s Fee as set forth in Article 3 herein
and agrees to pay any costs over and above the fee which Town is required to
pay in order to finish the Project. On any default and/or breach by Consultant,
Town may elect not to terminate the Agreement, and in such event it may make
Design Services Agreement Page 5 of 17
good the deficiency in which the default consists, and deduct the costs from the
Consultant’s Fee due Consultant as set forth in Article 3 herein. If Town
terminates this Agreement and Consultant is not in default of the Agreement,
Consultant shall be entitled to compensation for any and all work completed to
the satisfaction of Town in accordance with the provisions of this Agreement prior
to termination.
In the event of any termination, Consultant shall deliver to Town all finished
and/or unfinished documents, data, studies, surveys, drawings, maps, models,
reports, photographs and/or any other items prepared by Consultant in
connection with this Agreement prior to Consultant receiving final payment.
The rights and remedies provided by this Agreement are cumulative, and the use
of any one right or remedy by either party shall not preclude or waive its rights to
use any or all other remedies. These rights and remedies are given in addition to
any other rights the parties may have by law, statute, ordinance or otherwise.
ARTICLE 6
DISPUTE RESOLUTION/MEDIATION
In addition to all remedies at law, the parties may resolve/mediate any
controversy, claim or dispute arising out of or relating to the interpretation or
performance of this Agreement, or breach thereof, by voluntary mediation to be
conducted by a mutually acceptable mediator.
ARTICLE 7
INDEMNITY
Consultant shall release, defend, indemnify and hold harmless Town and its
Town Council members, officers, agents, representatives and employees from
and against all damages, injuries (including death), claims, property damages
(including loss of use), losses, demands, suits, judgments and costs, including
reasonable attorney’s fees and expenses, in any way arising out of, related to, or
resulting from the performance of the work caused by the negligent act and/or
wrongful intentional act and/or omission of Consultant, its officers, agents,
representatives, employees, subConsultants, licensees, invitees or any other
third parties from whom Consultant is legally responsible (hereinafter “Claims”).
Consultant is expressly required to defend Town against all such Claims.
In its sole discretion, Town shall have the right to select or to approve defense
counsel to be retained by Consultant in fulfilling its obligation hereunder to
defend and indemnify Town, unless such right is expressly waived by Town in
writing. Town reserves the right to provide a portion or all of its own defense;
however, Town is under no obligation to do so. Any such action by Town is not
to be construed as a waiver of Consultant’s obligation to defend Town or as a
waiver of Consultant’s obligation to indemnify Town pursuant to this Agreement.
Consultant shall retain Town approved defense counsel within seven (7)
business days of Town’s written notice that Town is invoking its right to
Design Services Agreement Page 6 of 17
indemnification under this Agreement. If Consultant fails to retain counsel within
such time period, Town shall have the right to retain defense counsel on its own
behalf, and Consultant shall be liable for all costs incurred by Town.
ARTICLE 8
NOTICES
Consultant agrees that all notices or communications to Town permitted or
required under this Agreement shall be delivered to Town at the following
addresses:
Town Manager
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Town agrees that all notices or communication to Consultant permitted or
required under this Agreement shall be delivered to Consultant at the following
address:
Chad A. Pendley, P.E.
Sr. Project Manager
6175 Main Street, Suite 395
Frisco, Texas 75034
Any notice provided for under the terms of this Agreement by either party to the
other shall be in writing and may be effected by registered or certified mail, return
receipt requested.
All notices or communication required to be given in writing by one party or the
other shall be considered as having been given to the addressee on the date
such notice or communication is postmarked by the sending party. Each party
may change the address to which notice may be sent to that party by giving
notice of such change to the other party in accordance with the provisions of this
Agreement.
ARTICLE 9
MISCELLANEOUS
11.1 Complete Agreement - This Agreement, including the exhibits hereto
labeled “A” through “C”, all of which are incorporated herein for all
purposes, constitute the entire agreement by and between the parties
regarding the subject matter hereof and supersedes all prior and/or
contemporaneous written and/or oral understandings. This Agreement
may not be amended, supplemented, and/or modified except by written
agreement duly executed by both parties.
Design Services Agreement Page 7 of 17
11.2 Assignment and Subletting - The Consultant agrees that neither this
Agreement nor the work to be performed hereunder will be assigned or
sublet without the prior written consent of the Town. The Consultant
further agrees that the assignment or subletting of any portion or feature of
the work or materials required in the performance of this Agreement shall
not relieve the Consultant of its full obligations to the Town as provided by
this Agreement. All such approved work performed by assignment or
subletting shall be billed through Consultant, and there shall be no third
party billing.
11.3 Successors and Assigns - Town and Consultant, and their partners,
assigns, successors, subConsultants, executors, officers, agents,
employees, representatives, and administrators are hereby bound to the
terms and conditions of this Agreement.
11.4 Severability - In the event a term, condition, or provision of this
Agreement is determined to be invalid, illegal, void, unenforceable, or
unlawful by a court of competent jurisdiction, then that term, condition, or
provision, shall be deleted and the remainder of the Agreement shall
remain in full force and effect as if such invalid, illegal, void, unenforceable
or unlawful provision had never been contained herein.
11.5 Venue - This entire Agreement is performable in Collin County, Texas and
the venue for any action related directly or indirectly, to this Agreement or
in any manner connected therewith shall be Collin County, Texas, and this
Agreement shall be construed under the laws of the State of Texas.
11.6 Execution/Consideration - This Agreement is executed by the parties
hereto without coercion or duress for any substantial consideration, the
sufficiency of which is forever confessed.
11.7 Authority - The individuals executing this Agreement on behalf of the
respective parties below represent to each other that all appropriate and
necessary action has been taken to authorize the individual who is
executing this Agreement to do so for and on behalf of the party for which
his or her signature appears, that there are no other parties or entities
required to execute this Agreement in order for the same to be an
authorized and binding agreement on the party for whom the individual is
signing this Agreement and that each individual affixing his or her
signature hereto is authorized to do so, and such authorization is valid and
effective on the date thereof.
11.8 Waiver - Waiver by either party of any breach of this Agreement, or the
failure of either party to enforce any of the provisions of this Agreement, at
any time, shall not in any way affect, limit or waive such party’s right
thereafter to enforce and compel strict compliance.
Design Services Agreement Page 8 of 17
11.9 Headings - The headings of the various sections of this Agreement are
included solely for convenience of reference and are not to be full or
accurate descriptions of the content thereof.
11.10 Multiple Counterparts - This Agreement may be executed in a number of
identical counterparts, each of which shall be deemed an original for all
purposes.
11.11 Sovereign Immunity – The parties agree that the Town has not waived its
sovereign immunity by entering into and performing its obligations under
this Agreement.
11.12 Representatives – Each signatory represents this Agreement has been
read by the party for which this Agreement is executed and that such party
has had the opportunity to confer with its counsel.
11.13 Miscellaneous Drafting Provisions – This Agreement shall be deemed
drafted equally by all parties hereto. The language of all parts of this
Agreement shall be construed as a whole according to its fair meaning,
and any presumption or principle that the language herein is to be
construed against any party shall not apply.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused
this Agreement to be effective on the latest day as reflected by the
signatures below.
Effective Date: _____________________________________
TOWN
The Town of Prosper, Texas
CONSULTANT
RLK Engineering, Inc.
By:
By:
Name
Title:
Town Manager
Title:
Sr. Project Manager
Design Services Agreement Page 9 of 17
STATE OF TEXAS:
COUNTY OF COLLIN:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND
FOR THIS STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED
_______________________________, KNOWN TO ME TO BE THE PERSON
WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND
ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE
PURPOSE AND CONSIDERATION EXPRESSED, AND IN THE CAPATOWN
THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ____ DAY OF
________, 2011.
______________________________________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
STATE OF TEXAS:
COUNTY OF COLLIN:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND
FOR THIS STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED
CHAD A. PENDLEY, P.E., KNOWN TO ME TO BE THE PERSON WHOSE
NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND
ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE
PURPOSE AND CONSIDERATION EXPRESSED, AND IN THE CAPATOWN
THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ____ DAY OF
________, 2011.
______________________________________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
Design Services Agreement Page 10 of 17
EXHIBIT “A”
SCOPE OF SERVICES
Agreement between the Town of Prosper, Texas (Town)
And RLK Engineering, Inc. (Consultant)
PROJECT DESCRIPTION
Engineering services related to the relocation of water and sanitary sewer lines
along Preston Road (SH 289) as necessary for the proposed widening of Preston
Road (SH 289) by others within the Town Limits of Prosper.
TASK 1 - DATA COLLECTION
1. Meet with Town of Prosper engineering and public works staff to obtain
pertinent utility plans, street plans, plats, right-of-way maps, existing
easement information, contour maps, and other features within and
pertaining to the project area.
2. Obtain record information from franchise utility companies.
3. Conduct field survey for design purposes.
a. Tie in existing horizontal and vertical control established by
others.
b. Verify horizontal and vertical location of existing utilities,
including appurtenances such as water valves, fire hydrants,
manholes, etc.
d. When underground utilities are exposed, tie to survey
baseline.
TASK 2 -PRELIMINARY ENGINEERING DESIGN
1. Prepare preliminary plans.
a. Establish preliminary horizontal and vertical alignments.
b. Locate utility crossing, nearby utilities, and other nearby proposed
improvements.
c. Establish preliminary construction easement/right-of-way needs, if
necessary.
2. Work with affected utilities such as water, sewer, gas, telephone, cable
TV, and electric to obtain accurate information for horizontal and vertical
data for their facilities. Identify which utilities must be protected or
relocated.
Design Services Agreement Page 11 of 17
3. Prepare an estimate of construction quantities and develop preliminary
statement of probable construction costs.
4. Submit three (3) sets of preliminary plans and estimates to the Town for
review.
5. Meet with the Town to discuss preliminary plans and estimates.
6. Attend Public Meetings as necessary.
7. Distribute the plans to local utility companies to obtain information
regarding impacts to their facilities.
TASK 3 – FINAL ENGINEERING DESIGN
1. Revise preliminary plans incorporating comments from the Town.
2. Incorporate comments from the utility companies.
3. Finalize plan for proposed improvements.
4. Prepare Technical Specifications (if required).
5. Incorporate standard details into the plans and prepare additional details
as required.
6. Submit three (3) sets of final plans and estimates to the Town for review.
7. Meet with the Town to discuss final plans and estimates.
8. Submit reproducible plans, one set of black line prints, floppy disks with
design files, and original bid documents to the Town.
9. Prepare erosion control plans to comply with the EPA Storm Water
Management Program (if required).
TASK 4 – BID PHASE SERVICES
1. Take off final bid quantities and prepare final opinion of probable
construction cost.
2. Assist in preparing final bid documents including proposal forms,
construction plans, specifications, and contract documents (as required).
Consultant to recoup cost of bid sets by non-refundable deposit from
bidders (if bid documents are prepared and distributed by consultant).
3. Assist the Town staff in advertising for bids (if required)
4. Assist the Town if requested in opening bids, and prepare a bid tabulation
for all bidders.
Design Services Agreement Page 12 of 17
5. Assist the Town if requested to evaluate the lowest and second lowest
bidder. Bid evaluation will include the contractor’s:
a. Past work history;
b. Financial resources; and
c. Physical resources to produce the project.
6. If requested by the Town, a summary of bid analysis will be provided to
the Town for use in selection and award of the construction contract.
7. Assist the Town staff in a pre-construction conference.
8. Furnish 6 sets of final plans for construction.
TASK 5 – CONSTRUCTION ADMINISTRATION
1. Provide periodic site visits by the design project engineer.
2. Assist Town staff in responding to requests for information.
3. Prepare Record Drawings - Utilizing Town and contractor as-built
information, the consultant will prepare one (1) set of reproducible record
drawing for the Town including a floppy disk copy of all construction plan
sheets.
EXCLUSIONS
The scope of this proposal specifically excludes the following items. However
these items can be provided if necessary with a revision to scope of work and
fees.
1. Computer modeling and routing of water flows;
2. Final Plat;
3. Irrigation and Landscaping Design.
4. Environmental assessment or remediation, USCOE 404
Individual Permits or Mitigation Plans;
5. Storm Water Prevention Pollution Plans (SWPPP);
6. Fees for permits and bid advertising;
7. Traffic engineering reports or studies;
8. Floodplain reclamation plans, FEMA CLOMR or LOMR;
9. Construction inspection;
10. Designs for trench safety;
Design Services Agreement Page 13 of 17
11. Retaining walls;
12. Consulting services by others not included in proposal;
13. Quality control and testing services during construction;
DELIVERABLES
For each bid package, RLK Engineering, Inc. will deliver the following products to the
Town of Prosper:
1. Three (3) sets of preliminary plans and estimates for review.
2. Three (3) copies of right-of-way acquisition documents.
3. Three (3) sets of final plans and estimates for review.
4. Two (2) sets of construction contract documents, including technical
specifications and proposals.
5. Six (6) sets of final plans for construction.
6. One (1) set of reproducible record drawings, including an electronic copy of all
construction plan sheets.
Design Services Agreement Page 14 of 17
PROJECT LABOR ALLOCATION
Task Subtask Manhours
TASK 1
Data Collection
Meet with City / Obtain Project Information
Obtain Franchise Utility Information
Conduct field survey for design
4
8
28
Task 1 Subtotal 40 Hours
TASK 2
Preliminary
Engineering Design
Prepare Preliminary Drawings
Coordinate with Utilities
Prepare Quantity and Cost Estimate
Meetings with City
136
8
4
4
Task 2 Subtotal 152 Hours
TASK 3
Final Engineering
Design
Revise Preliminary Plans & Address Comments
Finalize Plans & Incorporate Standards
Prepare Technical Specs / Proposal
Meetings with City
48
12
8
4
Task 3 Subtotal 72 Hours
TASK 4
Bid Phase Services
Prepare Final Bid Documents
Assist City with Bidding
Assist City with Pre-Construction
8
4
2
Task 4 Subtotal 14 Hours
TASK 5
Construction
Administration
Provide Periodic Site Visits (Observation)
Assist City with Requests for Information
Prepare Record Drawings
12
8
4
Task 5 Subtotal 24 Hours
TOTAL PROJECT 302 Hours
Design Services Agreement Page 15 of 17
EXHIBIT B
COMPLETION SCHEDULE/PROJECT BILLING/PROJECT BUDGET
Agreement between the Town of Prosper, Texas (Town)
and RLK Engineering, Inc. (Consultant)
For the AMR FIXED BASE SYSTEM DEPLOYMENT
MONTH $ AMOUNT TASK COMPLETED
October 2011 $ 25,790.00 TASKS 1, 2, and 3
November 2011 $ 2,730.00 TASK 4
December 2011 $ 583.75 TASK 5 (50%)
January 2012 $ 583.75 TASK 5 (100%)
February 2012 $ 1,562.50 Retainage
TOTAL $ 31,250.00
PROJECT SCHEDULE
(See Exhibit “D” attached hereto and incorporated herein for all purposes)
Design Services Agreement Page 16 of 17
EXHIBIT C
AFFIDAVIT
THE STATE OF TEXAS §
COUNTIES OF COLLIN/DENTON §
I, ____________________ a member of the Consultant team make this affidavit
and hereby on oath state the following: I, and/or a person or persons related to
me, have a substantial interest in a business entity that would be peculiarly
affected by my work or decision on the project as those terms are defined in
Article 988b, V.T.C.S.
The business entity is:
______________________________________________________________
have/has) a substantial interest in this business entity for the following reasons:
(Check all which are applicable)
Ownership of 10% or more of the voting shares of the business entity.
___ Ownership of $2,500 or more of the fair market value of the business
entity. ___ Funds received from the business entity exceed 10% of income for the
previous year.
Real property is involved and have an equitable or legal ownership with a
fair market value of at least $2,500.
A relative of mine has substantial interest in the business entity or property
that would be affected by my decision of the public body of which I am a
member. Other:
Upon the filing of this affidavit with the Town of Prosper, Texas, I affirm that I will
abstain from acting on any decision involving this business entity and from any
further participation on this matter whatsoever.
Signed this ________ day of ______________________________, 2011.
________________________________ Signature of Official/Title
Design Services Agreement Page 17 of 17
BEFORE ME, the undersigned authority, this day personally appeared ________________________________and on oath stated that the facts
hereinabove stated are true to the best of his/her knowledge or belief.
Sworn to and subscribed before me on this ______ day of _______________________, 2011
Notary Public in and for the State of Texas
My commission expires:
___________________________________
Page 1 of 1
To: Mayor and Town Council
From: Mike Land, Town Manager
Re: Town Council Meeting – October 11, 2011
Date: October 4, 2011
Agenda Item:
Consider cancelling the November 22, 2011 (Thanksgiving is November 24th) and December
27, 2011 Regular Town Council Meetings due to possible lack of a quorum.
Description of Agenda Item:
Staff would like to propose with the upcoming Holiday schedules and requirement of having a
quorum in attendance to hold our Council Meetings, the option to consider cancelling the
November 22, 2011 and December 27, 2011 Town Council Meetings.
Budget Impact:
There are no costs or fees associated with meeting cancellations.
Legal Obligations and Review:
N/A
Attached Documents:
N/A
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
Staff recommends that the Town Council approve cancellation of the November 22, 2011 and
December 27, 2011 regular scheduled Town Council Meetings.
Prosper is a place where everyone matters.
Administration
Page 1 of 2
To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
CC: Mike Land, Town Manager
Re: Town Council Meeting October 11, 2011
Date: October 4, 2011
Agenda Item:
Consider and act upon initiating Stage 3 Drought Contingency and Water Emergency Response
Measures.
Description of Agenda Item:
Stage 3 of the Water Conservation and Drought Contingency and Water Emergency Response
Plan is being implemented as a result of:
• The temporary loss of Lake Texoma raw water supply due to the invasive zebra
mussels. Lake Texoma accounts for roughly 25% of North Texas Municipal Water
District’s (NTMWD) raw water supply.
• NTMWD’s Lake Chapman capacity is at 35% due to continued drought and lack of rain
run-off to replenish water supply.
• NTMWD’s Lake Lavon is less than 48% of the total conservation pool capacity.
The goal for water use reduction under Stage 3 is 10 percent.
Here are some highlights from the Prosper Drought Response Plan:
• Continue actions available under Stage 1 and 2.
• Further accelerate public education efforts on ways to reduce water use.
• Prohibit outdoor watering from 5 a.m. to 7 p.m. daily.
• Require all Town of Prosper water users to comply with the following water use schedule
for landscape sprinkler system and outdoor water usage during the normal growing
season:
• Allow soaker hoses for foundation moisture, drip systems, and hand watering at any
time.
• Restrict non-essential town government water use. (Street cleaning, vehicle washing,
operation of ornamental fountains, etc.)
• Encourage the public to wait until the current drought or emergency situation has passed
before establishing new landscaping.
• Allow normal water use for all businesses including swimming pool construction and
maintenance, commercial car washes, nurseries, etc.
Public Works
Page 2 of 2
Limit landscape watering with sprinklers or irrigation systems between November 1 and
March 31 to once every two weeks.
Last Digit of Address Allowed Landscape Water Day Schedule
Prohibit outdoor watering from 5 a.m. to 7 p.m.
Retail, Business, Industrial and Commercial Customers Monday
Residential even addresses Tuesday
(Includes Duplexes, Town homes,
And Apartments)
Schools, Places of Worship, Parks, Thursday
Designated Open Space, Medians
Right-of- Way and other Non-Residential
Residential odd addresses Friday
(Includes Duplexes, Town homes,
And Apartments)
No weekend sprinklers
Board, Committee and/or Staff Recommendation
Approve Stage 3 Drought Contingency and Water Emergency Response Measures and instruct
staff to start implementation on November 01, 2011.
Page 1 of 5
To: Mayor and Town Council
From: Kirk McFarlin, Chief of Police
Cc: Mike Land, Town Manager
Amy Piukana, Town Secretary
Re: Town Council Meeting – October 11, 2011
Date: 10-05-11
Agenda Item:
Discuss the request of an All-Way Stop at the intersection of Ridgewood and Hayes
Road.
Description of Agenda Item:
There has been a request from numerous citizens in the neighborhood of Northchase Estates,
off of Ridgewood Drive for an All-Way stop that would require north and south bound traffic on
Hayes Road to stop at the “T” intersection with Ridgewood Drive. Hayes Road was also
recently the target of a speed study in order to set a safe speed limit for traffic in that area.
Although the 85th percentile speed was discovered to be 45 miles per hour, the lack of an
improved shoulder, along with the steep grade of the unimproved shoulder of the road indicated
that a slower speed of 35 miles per hour be adopted. That issue is also on this meeting’s
agenda and will be considered as a separate item.
In consideration for safety, traffic control devices are often regarded as the item most effective;
however, this is not always fact. Several years ago, Preston Road and Park as well as Preston
Road and Parker were two of the deadliest intersections in all of America. Both of those
intersections are controlled with electronic traffic control. A vast percentage of traffic collisions
occur at intersections that are controlled by some type of traffic control device. This leads to the
conclusion that a traffic control device does not ensure that an intersection will be safe and free
from collisions. When drivers do not adhere to the present traffic regulations, collisions occur
and adding more controls does not necessarily insure that drivers will mind the additional
controls.
Information taken from the Manual on Uniform Traffic Control Devices, Millennium
Edition, December 2000:
Police Department
Page 2 of 5
There are 8 warrant conditions to determine placing a traffic control device at an
intersection.
Warrant 1, Eight-Hour Vehicular Volume.
Warrant 2, Four-Hour Vehicular Volume.
Warrant 3, Peak Hour.
Warrant 4, Pedestrian Volume.
Warrant 5, School Crossing.
Warrant 6, Coordinated Signal System.
Warrant 7, Crash Experience.
Warrant 8, Roadway Network.
For this particular situation, the Warrants in question are for the Eight-Hour and Four-Hour
Vehicular Volume Warrants and the Crash Experience Warrant.
To date, we have done a speed survey and will be requesting that the speed limit be placed at
35 mph on Hays Road. We have not done an actual vehicular count on the roadways of Hays
Road and Ridgewood Drive, but looking at Table 4C-1, we do not even come close to the
volume that would indicate a need for additional traffic control devices at that intersection.
The second Warrant referencing crash data also does not meet the indicated 5 collisions in the
past year. The Prosper Police Department has worked only 1 traffic collision at that intersection
during the past 12 months.
The general data that comprises an engineering study includes:
Engineering study data may include the following:
A. The number of vehicles entering the intersection in each hour from each approach
during
12 hours of an average day. It is desirable that the hours selected contain the greatest
percentage of the 24-hour traffic volume.
B. Vehicular volumes for each traffic movement from each approach, classified by
vehicle type (heavy trucks, passenger cars and light trucks, public-transit vehicles, and,
in some locations, bicycles), during each 15-minute period of the 2 hours in the morning
and 2 hours in the afternoon during which total traffic entering the intersection is
greatest.
C. Pedestrian volume counts on each crosswalk during the same periods as the
vehicular counts in Paragraph B above and during hours of highest pedestrian volume.
Where young, elderly, and/or persons with physical or visual disabilities need special
consideration, the pedestrians and their crossing times may be classified by general
observation.
D. Information about nearby facilities and activity centers that serve the young, elderly,
and/or persons with disabilities, including requests from persons with disabilities for
accessible crossing improvements at the location under study. These persons may not
adequately reflected in the pedestrian volume count if the absence of a signal restrains
their mobility.
E. The posted or statutory speed limit or the 85th-percentile speed on the uncontrolled
approaches to the location.
Page 3 of 5
F. A condition diagram showing details of the physical layout, including such features as
intersection geometrics, channelization, grades, sight-distance restrictions, transit stops
and routes, parking conditions, pavement markings, roadway lighting, driveways, nearby
railroad crossings, distance to nearest traffic control signals, utility poles and fixtures,
and adjacent land use.
G. A collision diagram showing crash experience by type, location, direction of
movement, severity, weather, time of day, date, and day of week for at least 1 year.
The following data, which are desirable for a more precise understanding of the
operation of the intersection, may be obtained during the periods specified in Paragraph
B above:
A. Vehicle-hours of stopped time delay determined separately for each approach to be
consistent with the Peak Hour Warrant.
B. The number and distribution of acceptable gaps in vehicular traffic on the major street
for entrance from the minor street.
C. The posted or statutory speed limit or the 85th-percentile speed on controlled
approaches at a point near to the intersection but unaffected by the control.
D. Pedestrian delay time for at least two 30-minute peak pedestrian delay periods of an
average weekday or like periods of a Saturday or Sunday.
E. Queue length on stop-controlled approaches.
Section 4C.02 Warrant 1, Eight-Hour Vehicular Volume
Support:
The Minimum Vehicular Volume, Condition A, is intended for application where a large
volume of intersecting traffic is the principal reason to consider installing a traffic control
signal. The Interruption of Continuous Traffic, Condition B, is intended for application
where the traffic volume on a major street is so heavy that traffic on a minor intersecting
street suffers excessive delay or conflict in entering or crossing the major street.
Standard:
The need for a traffic control signal shall be considered if an engineering study
finds that one of the following conditions exist for each of any 8 hours of an
average day:
A. The vehicles per hour given in both of the 100% columns of Condition A in
Table 4C-1 exist on the major street and on the higher volume minor-street
approaches, respectively, to the intersection, or
B. The vehicles per hour given in both of the 100% columns of Condition B in
Table 4C-1 exist on the major street and on the higher volume minor-street
approaches, respectively, to the intersection.
In applying each condition the major street and minor-street volumes shall be for
the same 8 hours. On the minor street, the higher volume shall not be required to
be on the same approach during each of these 8 hours.
Option:
If the posted or statutory speed limit or the 85th-percentile speed on the major street
exceeds 40 mph, or if the intersection lies within the built-up area of an isolated
community having a population of less than 10,000, the traffic volumes in the 70%
columns in Table 4C-1 may be used in place of the 100% columns.
Page 4 of 5
Standard:
The need for a traffic control signal shall be considered if an engineering study
finds that both of the following conditions exist for each of any 8 hours of an
average day:
A. The vehicles per hour given in both of the 80% columns of Condition A in
Table 4C-1 exist on the major street and on the higher volume minor-street
approaches, respectively, to the intersection, and
B. The vehicles per hour given in both of the 80% columns of Condition B in
Table 4C-1 exist on the major street and on the higher volume minor-street
approaches, respectively, to the intersection.
These major street and minor-street volumes shall be for the same 8 hours for
each condition; however, the 8 hours satisfied in Condition A shall not be required
to be the same 8 hours satisfied in Condition B. On the minor street the higher
volume shall not be required to be on the same approach during each of the 8
hours.
Table 4C-1. Warrant 1, Eight-Hour Vehicular Volume
Condition A - Minimum Vehicular Volume
Number of lanes for
moving traffic on each approach
Major Street Minor Street
1................. 1.................
2 or more... 1.................
2 or more... 2 or more ...
1................. 2 or more ....
Section 4C.08 Warrant 7, Crash Experience
Support:
The Crash Experience signal warrant conditions are intended for application where the
severity and frequency of crashes are the principal reasons to consider installing a traffic
control signal.
Standard:
The need for a traffic control signal shall be considered if an engineering study
finds that all of the following criteria are met:
A. Adequate trial of alternatives with satisfactory observance and enforcement
has failed to reduce the crash frequency, and
B. Five or more reported crashes, of types susceptible to correction by a traffic
control signal, have occurred within a 12-month period, each crash involving
personal injury or property damage apparently exceeding the applicable
requirements for a reportable crash, and
C. For each of any 8 hours of an average day, the vehicles per hour (vph) given
in both of the 80% columns of Condition A in Table 4C-1 (see Section
Vehicles per hour on
major street
(total of both approaches)
100% 80% 70%
500 400 350
600 480 420
600 480 420
500 400 350
Vehicles per hour on
higher-volume minor-street
approach (one direction only)
100% 80% 70%
150 120 105
150 120 105
200 160 140
200 160 140
Page 5 of 5
4C.02), or the vph in both of the 80% columns of Condition B in Table 4C-1
exists on the major street and on the higher-volume minor-street approach,
respectively, to the intersection, or the volume of pedestrian traffic is not less
than 80 percent of the requirements specified in the Pedestrian Volume
warrant. These major-street and minor-street volumes shall be for the same
8 hours. On the minor street, the higher volume shall not be required to be
on the same approach during each of the 8 hours.
According to the above information, this intersection does not warrant an All-Way Stop. In the
10 years that the Prosper Police Department has been in existence, there has only been one
traffic collision at that intersection.
Based on nearly 30 years of experience, traffic collisions occur when one or more driver(s) do
something against the traffic code. There has never been an occurrence where two vehicles
spontaneously collide. The collision is caused by someone not doing what they were supposed
to do by law. When faced with a stop sign, a driver is bound by law to remain stopped until it is
safe to proceed. If they enter the intersection when another car is coming, then a collision is a
result of the first vehicle failing to yield the right-of-way. If a person cannot see if the
intersection is clear, then correcting the sight obstruction is required, but the duty to remain
stopped until it is safe to proceed falls on the person facing the stop sign.
Budget Impact:
Discussion Only
Legal Obligations and Review:
Texas Motor Vehicle Code
Manual on Uniform Traffic Control Devices
Attached Documents:
Excerpt from SmartMotorist.com
Board, Committee and/or Staff Recommendation:
Staff recommends that the new speed limit be put into place and given an opportunity to
slow the traffic down by means of enforcement to raise voluntary compliance and that
an All-Way Stop not be placed at the intersection of Ridgewood Drive and Hayes Road.
On Ridgewood Drive Looking North
On Ridgewood Looking South
Approach to Hays Looking North
Approach to Hays Looking South
At the Stop Sign Looking North
Excerpt from Smartmotorist.com
What Causes Car Accidents?
The dictionary defines accident as "an unexpected and undesirable event, a mishap unforeseen
and without apparent cause." Strictly speaking, most accidents are not accidents at all: they are
collisions that could and should have been avoided. So, what causes them, and how can you
avoid them?
Four factors contribute to the vast majority of collisions. In ascending order they are:
• Equipment Failure
• Roadway Design
• Poor Roadway Maintenance
• Driver Behavior
Over 95% of motor vehicle accidents (MVAs, in the USA, or Road Traffic Accidents, RTAs, in
Europe) involve some degree of driver behavior combined with one of the other three factors.
Drivers always try to blame road conditions, equipment failure, or other drivers for those
accidents. When the facts are truthfully presented, however, the behavior of the implicated driver
is usually the primary cause. Most are caused by excessive speed or aggressive driver behavior.
Equipment Failure - Manufacturers are required by law to design and engineer cars that meet a
minimum safety standard. Computers, combined with companies' extensive research and
development, have produced safe vehicles that are easy and safe to drive. The most cited types of
equipment failure are loss of brakes, tire blowouts or tread separation, and steering/suspension
failure. With the exception of the recent rash of Firestone light-truck tire failures, combined
totals for all reported equipment failure accounts for less than 5% of all motor vehicle accidents.
• Brakes - Modern dual-circuit brake systems have made total brake failure an unlikely
event. If one side of the circuit fails, the other side is usually sufficient to stop a vehicle.
Disc brakes, found on the front wheels of virtually every modern vehicle, are
significantly more effective than the older drum braking systems, which can fade when
hot. ABS (Anti Blockier System) or anti-lock brakes prevent the wheels from locking up
during emergency braking maneuvers, allowing modern vehicles to avoid many accidents
that previously would have occurred.
• Tires - Today's radial tires are significantly safer than the bias-ply tires of 25 years ago.
They still, however, need attention regularly. Under inflation, the most frequent cause of
tire failure is considered the main culprit in the recent Firestone tire-failure fatalities.
Uneven or worn-out tires are the next most serious problem and can also lead to tire
failure. Uneven wear is caused by improperly balanced tires, or misaligned or broken
suspensions. Remember, all that keeps you connected to the roadway is your tires. If you
don't check your own, have your mechanic check them every 5,000 miles.
• Steering & Suspension - Your suspension keeps your tires in contact with the roadway in
a stable and predictable manner. Your steering enables you to go around road obstacles
and avoid potential accidents. Even a safe, well-trained driver is helpless in the event of a
steering or suspension system failure. Such failures are catastrophic, especially at high
speeds. Have your suspension and steering systems checked out by a mechanic every
10,000 miles. With regular component inspections by trained individuals, equipment
failures can be virtually eliminated.
• Roadway Design - Motorists may blame roadway design for accidents, but it's rarely the
cause. Consultants such as the Texas Transportation Institute have spent years getting
road barriers, utility poles, railroad crossings, and guardrails to their current high level of
safety. Civil engineers, local governments, and law enforcement agencies all contribute to
the design of safe road layouts and traffic management systems. State and federal
governments provide guidelines to their construction, with design flexibility to suit local
conditions. Roadways are designed by engineers with special consideration given to the
following:
• Hazard Visibility - Permanent roadway hazards consist of intersections, merging lanes,
bends, crests, school zones, and livestock or pedestrian crossings. Temporary hazards
include road construction, parked or disabled vehicles, accidents, traffic jams, and wild
animals (especially deer).
• Roadway Surfaces - Engineers can use different surfaces (for example, grooved
pavement) depending on the environment, traffic speed, traffic volume, and location of
the roadway (noise barriers). Roadway markings let drivers know about their ability to
pass safely (dotted & double lines), the location of the roadway in inclement weather
(reflective cats-eyes & stakes), and where road surface ends and the shoulder begins.
• Traffic Control Devices - Traffic light signals, speed limit signs, yield and stop signs,
school & pedestrian crossings, turning lanes, police surveillance cameras, and traffic
circles or roundabouts.
• Behavioral Control Devices - Built-in obstacles that limit the ability of a vehicle to travel,
including crash barrels, speed bumps, pedestrian islands, raised medians, high curbing,
guard rails, and concrete barriers.
• Traffic Flow - Interstate highways remain the safest roads because their flow of traffic is
in one direction. One-way streets ease traffic congestion in city centers as well. Rural
two-lane roadways are statistically the most dangerous because of a high incidence of
deadly head-on collisions and the difficulty impatient drivers’ face while overtaking
slower vehicles.
• Roadway Identification Signs - enable someone without a detailed map to travel from one
place to another. They give advance notice of intersections, destinations, hazards, route
numbers, mileage estimates, street names, and points of interest.
• Weather - inclement conditions can aggravate existing hazards and sometimes create new
road surfaces (ice & snow).
• Poor Maintenance - Roadway maintenance contributes to some motor vehicle accidents,
but not to the extent that drivers use it as an excuse. Unfortunately maintenance schedules
and procedures vary greatly from city to city and state to state, so nationwide standards
don't exist. Below we outline some potential roadway maintenance shortcomings that you
should be aware of.
• Debris on the roadway can be a problem, and is the responsibility of local highway
departments.
• Faded road signs, and signs obscured by foliage, occasionally contribute to accidents. If
you know of any offending signs, contact your local police department to see if they can
get the problem remedied.
• Potholes cause a small number of accidents (primarily tire & suspension failures), but the
accidents usually occur at low speeds and don't cause many injuries. Call the police to get
large dangerous holes attended to. Some Northern US cities have pothole complaint lines
that are active during the winter and spring.
• Roadway construction is an oft-mentioned reason for accidents. Again the blame usually
rests on aggressive drivers who are unwilling to merge or slow down when approaching a
construction zone. In most states, fines are doubled in work zones, making it expensive as
well as unsafe to speed. Stop-and-go traffic requires thoughtful, alert driving to avoid a
collision with the car in front of you. Too often we worry that someone will cut in front
of us in a traffic jam. The real problem is that drivers forget about the vehicle directly in
front, rear-ending it while looking in their rearview mirror or daydreaming. Leave plenty
of room between your car and the one directly in front of you. Our 3 second rule applies
to traffic jams as well. If a few people cut in front of you, let them.
• Salting & Sanding - Many wintertime accidents are blamed on inadequate salting or
sanding of icy roadways, but as so often, the real culprit is usually excessive speed. And
salting only works if the ambient temperature stays above the middle teens. Recent
environmental concerns have curbed widespread salting in recent years so less effective
materials like clay, sand, and soot have replaced it in some areas. The fact remains that if
highways are icy, speed needs to be reduced whether the roadway is salted or not.
Driver Behavior - Humans tend to blame somebody or something else when a mistake or
accident occurs. A recent European study concluded that 80% of drivers involved in motor
vehicle accidents believed that the other party could have done something to prevent the
accident. A miniscule 5% admitted that they were the only one at fault. Surveys consistently
reveal that the majority consider themselves more skillful and safer than the average driver.
Some mistakes occur when a driver becomes distracted, perhaps by a cell phone call or a spilled
cup of coffee. Very few accidents result from an 'Act of God,' like a tree falling on a vehicle.
Speed Kills - The faster the speed of a vehicle, the greater the risk of an accident. The forces
experienced by the human body in a collision increase exponentially as the speed increases.
Smart Motorist recommends that drivers observe our 3 second rule in everyday traffic, no matter
what your speed. Most people agree that going 100 mph is foolhardy and will lead to disaster.
The problem is that exceeding the speed limit by only 5 mph in the wrong place can be just as
dangerous. Traffic engineers and local governments have determined the maximum speeds
allowable for safe travel on the nation's roadways. Speeding is a deliberate and calculated
behavior where the driver knows the risk but ignores the danger. Fully 90% of all licensed
drivers speed at some point in their driving career; 75% admit to committing this offense
regularly.
Consider this example: a pedestrian walks out in front of a car. If the car is traveling at just 30
mph, and the driver brakes when the pedestrian is 45 feet away, there will be enough space in
which to stop without hitting the pedestrian. Increase the vehicle speed by just 5 mph and the
situation changes dramatically. At 35 mph, with the pedestrian 45 feet away and the driver
braking at the same point, the car will be traveling at 18 mph when it hits the pedestrian. An
impact at 18 mph can seriously injure or even kill the pedestrian.
Who are the bad drivers? They are young, middle-aged, and old; men and women; they drive
luxury cars, sports cars, SUVs and family cars. Almost every qualified driver I know admits to
some type of risky driving behavior, most commonly speeding.
Aggressive Drivers - As we've described, modern cars are manufactured to very safe standards,
and the environment they're driven in is engineered to minimize the injuries suffered during an
accident. The most difficult area to change is aggressive driver behavior and selfish attitudes. A
1995 study by the Automobile Association in Great Britain found that 88% of the respondents
reported at least one of the behaviors listed below directed at them (in order of descending
frequency):
• Aggressive tailgating
• Lights flashed at them because the other motorist was annoyed
• Aggressive or rude gestures
• Deliberate obstruction -- preventing them from moving their vehicle
• Verbal abuse
• Physical assault
The same group was then asked about aggressive behavior they had displayed towards other
drivers. 40% indicated that they had never behaved aggressively towards another driver. A
further 60% of the survey respondents admitted to one or more of the following behaviors (listed
in order of descending frequency):
• Flashed lights at another motorist because they were annoyed with them
• Gave aggressive or rude gestures
• Gave verbal abuse
• Aggressively tailgated another motorist
• Deliberately obstructed or prevented another from moving their vehicle
• Physically assaulted another motorist (one positive response)
These behaviors are probably under-reported, since most people are not willing to admit to the
more serious actions, even if no penalty exists. The majority of these incidents happened during
the daylight hours (70%), on a main road (not freeway or divided highway).
NYS Police characterize aggressive driving by the following traffic violations:
• Excessive speed
• Frequent or unsafe lane changes
• Failure to signal
• Tailgating
• Failure to yield the right of way
• Disregarding traffic controls
• Impaired driving
The NYS State Police point out that there is a difference between aggressive driving and "road
rage." Road Rage behaviors, such as using the vehicle as a weapon or physically assaulting a
driver or their vehicle, are not aggressive driving. They are criminal offenses, and there are laws
in place to address these violent crimes
Page 1 of 2
To: Mayor and Town Council
From: Gary McHone, Assistant Chief of Police
Cc: Mike Land, Town Manager
Amy Piukana, Town Secretary
Re: Town Council Meeting – October 11, 2011
Date: October 4, 2011
Agenda Item:
Consider an act upon an Ordinance No. 11-69, establishing Speed limits for Hays Road and E.
First Street between Coit Road and Custer Road.
Description of Agenda Item:
Speed studies were done on Hays Road and First Street in order to provide a safe speed limit
for motorist to travel. Previously, these stretches of road were covered by prima facie speed
limits set by the State of Texas. The Town of Prosper has the authority to change speed limits
based on an engineering and traffic study. The speed study that was performed on these two
roadways was the same process that Texas Department of Public Safety uses to set the speed
limits on all streets and roadways they oversee. After the speeds were noted from a sampling
of vehicles, the 85th percentile speed was found. This speed is usually the speed limit that is set
unless there are circumstances or conditions that warrant a different speed.
First Street, between Coit and Custer, is relatively lightly traveled and has unimproved
shoulders of normal elevation. The 85th percentile speed discovered on that stretch of roadway
was 45 miles per hour. Staff knows of no reason to set the speed limit at a different speed on
this stretch of roadway.
Hays Road also showed the 85th percentile speed to be 45 miles per hour. The unimproved
shoulders are extremely steep and the drop between the surface of the roadway and the
unimproved shoulder is extreme in several places which would make it dangerous should a
vehicle veer off the roadway for any reason and then attempt to return to the roadway. There
are also several residential neighborhoods which empty out onto Hays Road which also creates
a more dangerous environment for higher speeds. Though Hays Road is a major interior north-
south internal artery of our roadway system, the higher speed is not considered safe by the staff
Police Department
Page 2 of 2
for the design of the roadway at this time. A more reasonable speed for this stretch of road
would be 35 miles per hour.
In conjunction with the speed limit discussion, another agenda item discussing an All-Way Stop
intersection is also on this agenda and will be discussed as a separate item.
Budget Impact:
Cost of replacing numbers on the effected speed limit signs.
Legal Obligations and Review:
Has been reviewed by the Town Attorney.
Attached Documents:
Copy of the associated Ordinance.
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
Town staff recommends that the Town Council approve the establishment of the recommended
maximum speed limits along Hays Road at 35 miles per hour and E. First Street, between Coit
Road and Custer Road, at 45 miles per hour.
ORDINANCE ESTABLISHING SPEED LIMITS (HAYS RD. AND E. FIRST STREET) Page 1
597725.1
TOWN OF PROSPER, TEXAS ORDINANCE NO. 11-69
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ESTABLISHING
THE MAXIMUM SPEED LIMIT ON HAYS ROAD AND E. FIRST STREET,
LOCATED IN THE TOWN OF PROSPER, TEXAS, COLLIN COUNTY,
TEXAS; PROVIDING FOR NOTIFICATION OF THE MAXIMUM SPEED
LIMIT BY THE INSTALLATION OF SIGNS AND MARKERS TO
REGULATE VEHICULAR SPEED ON THE DESIGNATED STREETS;
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, §545.356 of the Texas Transportation Code provides that whenever the
governing body of the municipality shall determine upon the basis of an engineering and traffic
investigation that any prima facie speed therein set forth is greater or less than is reasonable or
prudent under the conditions found to exist at any intersection or other place or upon any part of a
street or highway within the Town of Prosper, Texas (“Prosper”), taking into consideration, among
other things, the width and condition of the pavement and other circumstances on such portion of
said street or highway, as well as the usual traffic thereon, said governing body may determine and
declare a reasonable and prudent prima facie speed limit thereon by the passage of an ordinance,
which shall be effective when appropriate signs giving notice thereof are erected at such intersection
or other place or part of the street or highway; and
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”) finds it is
necessary for the protection and safety for the citizens of Prosper to declare a reasonable and prudent
speed for Hays Road and E. First Street within the Town of Prosper, Texas.
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: Establishment of Prima Facie Speed. Upon the basis of an engineering and
traffic investigation, and as authorized by the provisions of §545.356 of the Texas Transportation
Code, the following prima facie speed limit hereinafter indicated for vehicles is hereby determined
and declared to be safe, reasonable and prudent, and such speed limits are hereby fixed at the rate of
speed indicated for traveling upon Hays Road and E. First Street, between Coit Road and Custer
Road, as follows:
Hays Road speed limit: 45
E. First Street (between Coit Road and Custer Road) speed limit: 45
ORDINANCE ESTABLISHING SPEED LIMITS (HAYS RD. AND E. FIRST STREET) Page 2
597725.1
When no special hazards exist that require a lower speed, the speed of any vehicle not in
excess of the limit specified shall be lawful, but any speed in excess of the limit specified shall be
prima facie evidence that the speed is not reasonable or prudent and that it is unlawful.
SECTION 3: Placement of Signs. Signs indicating the speed limits provided herein shall be
placed at the most advantageous points to be conspicuous to approaching vehicular traffic in
accordance with the Texas Uniform Manual on Traffic Control Devices, as amended, promulgated
by the Texas Department of Transportation. The signs shall be permanently affixed to a stationery
post or other fixed object. The signs shall in no way be obstructed from view and shall comply with
applicable state laws. The Town Manager, or his/her authorized representative, is authorized and
directed to cause to be erected such appropriate signs.
SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance is hereby repealed to the extent they are in conflict; but such repeal shall not abate any
pending prosecution for violation of the repealed ordinances, 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 5: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 6: Penalty Provision. Any person violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One
Dollar ($1.00) nor more than Five Hundred Dollars ($500.00). The penal provisions imposed under
this Ordinance shall not preclude Prosper from filing suit to enjoin a violation. Prosper retains all
legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 7: Effective Date. This Ordinance shall be effective upon its passage and
publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, on this ______ day of ________________, 2011.
_____________________________________
RAY SMITH, Mayor
ORDINANCE ESTABLISHING SPEED LIMITS (HAYS RD. AND E. FIRST STREET) Page 3
597725.1
ATTESTED AND CORRECTLY
RECORDED:
_____________________________
Amy Piukana, TRMC
Town Secretary
Date of Publication: _________________________________________________, Prosper Enterprise