10.25.2011 Town Council AgendaPage 1 of 3
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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. 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
4a. Consider and act upon minutes from the following Council meeting (AP)
• October 11, 2011 – Regular Town Council Meeting
4b. Consider and act upon Resolution No. 11-62 supporting the reconstruction of US 380 from
the Denton County Line east to Custer Road, including the addition of frontage roads
between the Dallas North Tollway and SH 289 (Preston Road). (HW)
4c. Consider and act upon Resolution No. 11-63 Second Amendment – Development and
Financing Agreement between the Town of Prosper and Blue Star Land LP, 183 Land Corp.
and Blue Star Allen Land LP. (ML)
4d. Consider and act upon Resolution No. 11-64 First Amendment - Water and Sewer
Improvement Development Agreement between the Town of Prosper, Forest City Prosper
Limited Partnership and Prosper Partners LP. (ML)
4e. Consider and act upon the September 2011 monthly financial statements. (MG)
5. 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
AGENDA
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, October 25, 2011 at 6:00 p.m.
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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.)
PUBLIC HEARING & DEPARTMENT RELATED ITEMS
6. Consider and act upon a public hearing to consider and act upon Ordinance No. 11-70 to tax tangible
personal property in transit which would otherwise be exempt pursuant to Texas Tax Code, Section
11.253. (MG)
7. A public hearing to receive public comment concerning the amendment of the land use assumptions
and capital improvements plan, and the imposition of an impact fee for water, wastewater and
roadway utilities. (CC)
8. Discuss a Development Agreement between the Town of Prosper and Athlos Prosper Fund I, LP for
the development 188 acres in the northwest quadrant of Hwy 380 and the Dallas North Tollway.
(ML)
9. Discuss an Agreement between the Town of Prosper and 166 Bryan Road Partners, LP for the
Reduction of the Extraterritorial Jurisdiction of the Town of Prosper including a Strategic Partnership
Agreement between the Town of Prosper and Denton County Fresh Water District No. 10. (ML)
10. 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:
10a. Section 551.071. Consultation with Town Attorney regarding agreement between the Town
of Prosper and 166 Bryan Road Partners, LP for the Reduction of the Extraterritorial
Jurisdiction of the Town of Prosper including a Strategic Partnership Agreement between
the Town of Prosper and Denton County Fresh Water District No. 10.
10b. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the
First Street/Coit Road Improvements project.
10c. Section 551.072. To deliberate regarding Real Property located south of Prosper Trail, West
of Custer, east of Dallas North Tollway and north of Highway 380.
10d. Section 551.087. To deliberate the purchase exchange, lease, or value of real property located
south of Fishtrap, North of Hwy. 380, East of FM 1385, and West of Burlington Northern
Railroad.
10e. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
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11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
12. 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.