02.28.2012 Town Council PacketPage 1 of 1
]
1. Call to Order
2. Discussion and review of the Baldridge Assessment
3. 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.
AGENDA
Prosper Town Council
Work Session
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Council Work Session at 5:30 p.m.
Tuesday, February 28, 2012
Page 1 of 3
]
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 Certificates of Appreciation to past Board & Commission Members.
5. Presentation of a proclamation to Alexis Bigham and Elizabeth Burkett in recognition of bravery and
heroism in potentially saving lives by notifying homeowner and 911 regarding a Fire at Gentle Creek.
6. Presentation of a proclamation recognizing March 2, 2012 as Texas Week and celebrating Texas
Independence.
7. Recognition of Brian Boyd of Highland Homes as the recipient of the Building Inspection’s 2011
Builder of the Year Award, Mike Reynolds with Megatel Homes as First Runner-Up and Christian
Morris with Highland Homes as Second Runner-Up of the Award.
8. A presentation by Misty Brown, Development Services Division Manager, regarding the Collin
County Animal Control Sheltering and Services.
9. 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
9a. Consider and act upon minutes from the following Council meeting(s) (AP)
• February 14, 2012 – Regular Town Council Meeting
9b. Consider and act upon a Project Acceptance Agreement for the Prosper Creek Subdivision, by
and between Prosper Creek 77, LLC, and the Town of Prosper. (HW)
9c. Consider and act upon Ordinance No. 12-07 rezoning 2.3± acres, located on the northwest
corner of Preston Road and Broadway Street, from Agricultural (A) to Retail (R). (Z12-0001).
(CC)
9d. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of
the Town Council to the Development Services Department, pursuant to Chapter 4, Section
AGENDA
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, February 28, 2012
Work Session at 5:30 p.m.
Council Meeting at 6:00 p.m.
Page 2 of 3
1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the
Planning & Zoning Commission on any site plan or preliminary site plan. (CC)
9e. Consider and act upon the purchase of an Emergency Response Vehicle using CoServ Grant
Funding. (RT)
9f. Consider and act upon reimbursement to the PISD for improvements to the future park
location west of Cockrell Elementary School. (WH)
9g. Consider and act upon Resolution No. 12-14 authorizing an agreement with the PISD to share
the costs for the development of a playground in the future park location west of Cockrell
Elementary School. (WH)
9h. Consider and act upon Resolution No. 12-10 authorizing the termination of the ILA
Agreement between Town of Prosper and Prosper Economic Development Corporation
concerning the construction of a sewer line with related improvements and roadway
improvements. (ML)
9i. Consider and act upon monthly financial statements for the period ending January 31, 2012.
(MG)
9j. Consider and act upon the Quarterly Investment Portfolio for the quarter ending December
31, 2011. (MG)
10. 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.)
PUBLIC HEARINGS
11. First Public Hearing to provide a forum for public testimony and evidence regarding the proposed
execution of three (3) separate strategic partnership agreements (the “Agreements”) between the
Town of Prosper and Denton County Freshwater Supply District #10, to authorize, among other
things, the limited purpose annexation of certain property within Denton County Freshwater Supply
District # 10 by the Town of Prosper pursuant to the provisions of Section 43.0751, Texas Local
Government Code, as amended. (ML)
Page 3 of 3
DEPARTMENT RELATED ITEMS
12. Consider and act upon Resolution No.12-12 authorizing the renewal of a three (3) year Benefit
Consultant contract between the Town of Prosper and IPS Advisors, Inc. and authorizing the Town
Manager to execute the same. (KG)
13. Capital Improvement Projects Update. (MB)
14. Discussion regarding a site plan for Windmill Playground and associated improvements. (HW)
15. Consider and act upon the expenditure of Park Improvement Funds for the purchase and installation
of a splash ground at Frontier Park. (WH)
16. Consider and act upon improvements to Preston Lakes Park. (WH)
17. Consider and act upon an agreement with the North Central Texas Council of Governments for the
external water and sewer line protection program. (MG)
18. Consider and act upon Ordinance No. 12-04 increasing solid waste and recycling rates effective
March 15, 2012. (MG)
19. Consider and act upon Resolution No. 12-13, expressing official intent to reimburse costs that may be
incurred for Town capital expenditure projects from proceeds of bonds issued subsequent to paying
such costs.
(MG)
20. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
21. 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.
A-7-,,A.,-..„...„,„,.., ,,,,,. ...„-.7i,
i.,,
PrO C ma tzar-2p<
P
TOW N O F
to SPERP
WHEREAS, January 26th of 2012 Alexis Bigham, and Elizabeth BurkettrYg
demonstrated great bravery, quick thinking and heroism through their quick
notification to 911 and the resident whose home was on fire; and
WHEREAS, Alexis Bigham and Elizabeth Burkett are being recognized by the >
Prosper Town Council, Prosper Fire Department and Dispatch for their brave act; .
and
WHEREAS, the Town Council wishes to commend both Alexis Bigham and
Elizabeth Burkett for their heroism they demonstrated on January 26, 2012.
NOW, THEREFORE; I, Ray Smith, Mayor for the Town of Prosper and on
behalf of the Town Council do hereby commend Alexis Bigham and Elizabeth
Burkett for their selfless act of bravery and heroism in potentially saving lives. >
1- Witness my Hand and the Official Seal
91-,. of the Town of Prosper, Texas, on this the
1---•- , ,P — %,. 28th day of February, 2012
k-, /2 \ I-
y--_--i- „ -1- Ray Smith, Mayor
I-V V ‘r' VVVVVVVVVV* V--I
9
1
4
PrO C I ma
ts
lot/ - 1
1.
N,
0'
0
TOW N O F Od'
P LA* SPER
r.
0 '
o:
P annually< WHEREAS, The Texas Revised Civil Statutes sets apart annuall
y
the entire 1
week in which Texas Independence Day, March the second, occurs as "Texas
Week; and
I
WHEREAS, Texas Independence Day is a legal Texas Holiday and has been 0
long honored and celebrated.
I
NOW, THEREFORE; I, Ray Smith, Mayor of the Town of Prosper and on
behalf of the Town Council do hereby recognize, March 2, 2012; as "TexasI
Week" to celebrate Texas Independence Day and encourage citizens to displayY
the Texas Flag giving thanks for the service of our forefathers.I
0
Witness my Hand and the Official Seal I77.:0,,,,...
of the Town of Prosper, Texas, on this the
4,,-. -'
v
28th day of February, 2012
N _ V ..i1 '
Ray Smi , Mayor
r< ti
To: Mayor and Town Council
From: Wayne K. Snell Jr., CBO, Building Official
Cc: Chris Copple, AICP, Planning Director
Re: Town Council Meeting – February 28, 2012
Date: February 23, 2012
Agenda Item:
Recognition of Brian Boyd with Highland Homes as the recipient of the Building Inspection’s
2011 Builder of the Year Award and Mike Reynolds with Megatel Homes as First Runner-Up
and Christian Morris with Highland Homes as Second Runner-Up of the Award.
Description of Agenda Item:
Although the Town of Prosper is fortunate to have a great deal of experienced and qualified
builders, Brian Boyd with Highland Homes, Mike Reynolds with Megatel Homes, and Christian
Morris with Highland Homes were chosen as recipients of the Building Inspection’s 2011 Builder
of the Year Award because of their outstanding overall performance. During the previous year,
these builders had the fewest re-inspections, had their projects ready for inspection when an
inspection was scheduled, properly maintained their lots on which they were building,
consistently submitted complete building plans and applications, and maintained exceptional
communications with the Building Inspections Division. For these reasons, the Building
Inspections Division presented Brian Boyd with Highland Homes as the recipient of the Building
Inspection’s 2011 Builder of the Year Award and Mike Reynolds with Megatel Homes as First
Runner-Up and Christian Morris with Highland Homes as Second Runner-Up of the Award.
Town staff is asking the Town Council to recognize these individuals for their excellent work.
Budget Impact:
None
Legal Obligations and Review:
N/A
Attached Documents:
Copies of the placards to be presented to the award recipients
Board, Committee and/or Staff Recommendation:
Town staff recommends that the Town Council recognize Brian Boyd with Highland Homes as
the recipient of the Building Inspection’s 2011 Builder of the Year Award and Mike Reynolds
with Megatel Homes as First Runner-Up and Christian Morris with Highland Homes as Second
Runner-Up of the Award.
Prosper is a place where everyone matters.
BUILDING INSPECTIONS
Page 1 of 6
]
Prosper is a place where everyone matters.
EXECUTIVE SESSION
Council Member Vogelsang made a motion to recess into Executive Session at 5:40 p.m.
Motion seconded by Council Member Wilson. Motion approved by vote of 5-0.
1. 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:
1a. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the
First Street/Coit Road Improvement projects.
1b. Section 551.087. To deliberate regarding Economic Development Incentive for project
south of Prosper Trail, north of Hwy 380, east of Teel Parkway and west of Custer.
1c. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located
east of Burlington Santa Fe Railroad, south of Prosper Trail, west of Custer, north of Hwy. 380.
1d. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Council Member Vogelsang made a motion to reconvene into Regular Session. Motion
seconded by Council Member Wilson. Motion approved by vote of 5-0.
Deputy Mayor Pro Tem Miller made a motion to approve a resolution authorizing a
compromise and settlement agreement between Town of Prosper, Texas and Berkley Surety
Group. Motion seconded by Council Member Wilson.
Motion approved by vote of 5-0.
2. Call to Order / Roll Call – Mayor Smith called the meeting to order at 6:14 p.m.
Council present included: Mayor Ray Smith, Deputy Mayor Pro Tem Meigs Miller; Danny
Wilson, Curry Vogelsang Jr. and Jason Dixon.
Council Member(s) absent: Mayor Pro Tem Kenneth Dugger and Council Member Benefield.
Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary;
Hulon Webb, Director of Development Services; Chris Copple, Planning Director; Wade
Harden, Parks & Recreation Manager; Matthew Garrett, Finance Director.
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, February 14, 2012
Executive Session starts at 5:30 p.m.
Regular Meeting begins at 6:00 p.m.
Page 2 of 6
3. Pastor John Fowler gave the Invocation. The Pledge of Allegiance and Pledge to the Texas
Flag was given.
4. Announcements of dates and times of upcoming community events. Mayor Smith announced
February is National Heart Month and encouraged citizens to get a checkup.
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(s) (AP)
• January 24, 2012 – Regular Town Council Meeting
• January 31, 2012 – Joint Town Council and Planning & Zoning Meeting
5b. Consider and act upon Resolution No. 12-09, authorizing a second amendment to the
preannexation agreement with the Mahard 2003 Partnership, L.P., a Texas limited
partnership, and Mahard Egg Farm, Inc., Forest City Prosper Limited Partnership and
the Town of Prosper. (ML)
5c. Consider and act upon the 2011 Racial Profiling Report as required by State Law. (GM)
5d. Consider and act on Resolution No. 12-07, Ratifying the changes made by Dallas
MTA, L.P., d/b/a Verizon Wireless to the previously executed Water Tower agreement
of July 12, 2011, between the Town of Prosper and Dallas MTA, LP d/b/a Verizon
wireless. (FJ)
5e. Consider and act upon Resolution No. 12-06 Suspending the March 6, 2012 requested
rate change of Atmos Energy Corp. Mid-Tex Division and approving cooperation with
Atmos Cities Steering Committee to establish reasonable rates. (MG)
5f. Consider and act upon Resolution 12-05 of Prosper Town Council, Collin and Denton
Counties, Texas, ordering the General Election to be held jointly with the Prosper
Independent School District and administered by the Denton County Elections
Administration on May 12, 2012, for the purpose of electing the positions of Place 2
and Place 6 to the Town of Prosper Town Council to fill expiring terms; designating
polling places; designating locations of polling places; designating filing deadlines;
ordering notices of election to be given as prescribed by law in connection with such
election; and appointing election judges. (AP)
5g. Consider and act upon a proposal from the Prosper Independent School District to
conduct a softball tournament at Frontier Park. (WH)
Page 3 of 6
5h. Consider and act upon Ordinance No. 12-05 rezoning 3.5± acres, located on the south
side of Prosper Trail, 750± feet west of Preston Road, from Commercial (C) to Planned
Development-Retail (PD-R). (Z11-0013). (CC)
5i. Consider and act upon whether to direct staff to submit a written notice of appeal on
behalf of the Town Council to the Development Services Department, pursuant to
Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding
action taken by the Planning & Zoning Commission on any site plan or preliminary site
plan. (CC)
5j. Consider and act upon Resolution 12-04 of the Town Council of the Town of Prosper
ordering two (2) separate Public Hearings for February 28, 2012 and March 13, 2012,
respectively, to be held at Prosper Municipal Chambers, 108 W. Broadway, Prosper,
Texas at 6:00 p.m. to hear the presentation of testimony or evidence regarding the
adoption of three (3) proposed Strategic Partnership Agreements with Denton County
Fresh Water Supply District No. 10., in accordance with Section 43.0751, Texas Local
Government Code, as amended, and applicable law; providing that the terms of the
Strategic Partnership Agreements include limited purpose annexation of portions of
Denton County Freshwater Supply District No. 10; providing for available copies of the
Strategic Partnership Agreements; providing for the notice of said public hearings; and
providing an effective date. (ML)
Deputy Mayor Pro Tem Miller made a motion to pull Item 5g off Consent for
discussion. Motion seconded by Council Member Vogelsang. Motion approved by
vote of 5-0.
Deputy Mayor Pro Tem Miller made a motion to approve Consent Items 5a thru 5f and
5h thru 5j, as presented. Motion seconded by Council Member Dixon. Motion
approved by vote of 5-0.
Deputy Mayor Pro Tem Miller discussed Item 5g, explaining that the Town of Prosper
and Prosper Independent School District continue to work together in a partnership and
suggested fees be waived on this item.
After discussion, Deputy Mayor Pro Tem Miller made a motion to approve Prosper
Independent School District to conduct a softball tournament at Frontier Park with the
stipulation that Town of Prosper waive any fees issued to Prosper Independent School
District. Motion seconded by Council Member Wilson.
Motion approved by vote of 5-0.
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
Page 4 of 6
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 HEARINGS
7. A public hearing to consider and act upon a request to rezone 2.3± acres, located on the
northwest corner of Preston Road and Broadway Street, from Agricultural (A) to Retail (R).
(Z12-0001). Planning Director Chris Copple briefed Council regarding the rezone request. Mr.
Copple explained the Town is required to hold a public hearing before approving a zoning
request and adopting an ordinance to rezone the property.
Deputy Mayor Pro Tem Miller made a motion to open the Public Hearing. Motion seconded
by Council Member Wilson. Motion approved by vote of 5-0.
Marty Brown with Texas Development Services briefed Council regarding the property. Mr.
Brown indicated that the planned use for the property is primarily Retail use. He explained that
the rezone request is to allow better marketing of the property and added that Agriculture
Zoning is very hard to market.
There were no citizens present that wished to speak in favor and/or opposition to the proposed
case.
Deputy Mayor Pro Tem Miller made a motion to close the public hearing. Motion approved by
Council Member Wilson. Motion approved by vote of 5-0.
Council discussed the types of uses allowed in the proposed zoning requested. Council
Member Dixon noted minor automobile repair use could be allowed under the new zoning and
preferred that type of use not be allowed on this property. Deputy Mayor Pro Tem Miller noted
that the proposed rezone request meets the current comprehensive use plan.
Deputy Mayor Pro Tem Miller made a motion to approve rezone 2.3± acres, located on the
northwest corner of Preston Road and Broadway Street, from Agricultural (A) to Retail (R).
(Z12-0001). Motion seconded by Council Member Wilson.
Motion approved by vote of 4-1, Council Member Dixon voting against.
Council Member Dixon excused himself from the meeting due to a conflict of interest
concerning Agenda Item No. 8.
8. A public hearing to 1) consider and act upon an amendment to Chapter 4, Section 4.2(F) of the
Town’s Zoning Ordinance regarding the minimum size of enclosed parking spaces in
residential zoning districts and 2) adopt an ordinance amending the same. (Z12-0002).
Planning Director Chris Copple briefed Council regarding the amendment. Building Official
Wayne Snell was also present to answer any questions. Staff explained that the Town’s current
Zoning Ordinance has requirements of 10 feet wide by 22 feet long. Mr. Snell explained that
Page 5 of 6
after reviewing several ordinances from surrounding cities, no other city requires a residential
parking space greater than 9 feet wide by 20 feet long.
Deputy Mayor Pro Tem Miller made a motion to open the Public Hearing. Motion seconded
by Council Member Vogelsang. Motion approved by vote of 4-0.
The following citizens were present and spoke in support and/or opposition to the case:
Bob Darling, spoke in favor.
Cheryl Turner, spoke in favor.
Aaron Graham, spoke in favor.
Phil Jobe, spoke in favor and suggested Council consider issues with off street parking of
vehicles.
Council Member Vogelsang had concerns with large trucks being able to fit in a 9’x 20’ garage
spaces. He asked what the majority of home garages are in Prosper and wanted to make sure
width could be taken into consideration for homeowner’s wanting garages built to fit these
types of vehicles. Deputy Mayor Pro Tem Miller noted that this is Ordinance is securing
standards and that it does not lower the Town’s standards.
Jim Shields spoke in support of the project and explained the majority of garages in Prosper are
(3) three car garages and meet the new Ordinance regulations.
Council Member Wilson made a motion to close the public hearing. Motion seconded by
Deputy Mayor Pro Tem Miller. Motion approved by vote of 4-0.
Deputy Mayor Pro Tem Miller made a motion to approve amending Chapter 4, Section 4.2(F)
of the Zoning Ordinance, which reads as follows:
In the SF, DTSF, TH and 2F Zoning Districts, all required parking spaces shall be a minimum
of nine (9) feet wide and twenty (20) feet long. Required enclosed parking and stacking spaces
shall remain clear of any encroachments.
Motion seconded by Council Member Wilson. Motion approved by vote of 4-0.
Council Member Dixon returned to the meeting.
DEPARTMENT RELATED ITEMS
9. Consider and act upon Ordinance No. 12-01, amending Section 104.9 (Approved Material and
Equipment) of Exhibit “A” of Ordinance Nos. 09-037 and 09-038 (International Residential
Code and International Building Code), regarding the construction and maintenance of fences.
Building Official Wayne Snell briefed Council regarding this item.
Council Member Wilson discussed the cost of steel verses wood posts and the impact to
citizens and builders.
After discussion, Council Member Vogelsang made a motion to approve Ordinance No. 12-01,
amending Section 104.9 (Approved Material and Equipment) of Exhibit “A” of Ordinance Nos.
09-037 and 09-038 (International Residential Code and International Building Code), regarding
Page 6 of 6
the construction and maintenance of fences. Motion seconded by Deputy Mayor Pro Tem
Miller. Motion approved by vote of 5-0.
10. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. There were
no items discussed.
11. Adjourn- Council Member Wilson made a motion to adjourn the meeting. Motion seconded by
Deputy Mayor Pro Tem Miller. Motion approved by vote of 5-0.
The meeting adjourned at 7:25 p.m.
APPROVED:
___________________________________
Ray Smith, Mayor
ATTEST:
_______________________________
Amy M. Piukana, TRMC
Town Secretary
Page 1 of 1
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Mike Land, Town Manager
Wayne Snell, Building Official
Re: Town Council Meeting – February 28, 2012
Date: February 23, 2012
Agenda Item:
Consider and act upon a Project Acceptance Agreement for the Prosper Creek Subdivision, by
and between Prosper Creek 77, LLC, and the Town of Prosper.
Description of Agenda Item:
In 2006, Parthenon Development Partners LLC, started construction of the Prosper Creek
Subdivision located on the south side of Prosper Trail between the Trails of Prosper and
Preston Lakes Subdivisions. In 2008, the property was foreclosed on and the property
remained vacant until August 2011 at which time the Prosper Creek 77, LLC, purchased the
development. The new developer is nearing completion of the perimeter landscaping, received
final acceptance for the public improvements and has several homes already under
construction.
As part of the final acceptance of the project, the Town inspects and approves the water,
sanitary sewer and storm water systems that are installed with the development. Typically a
two year maintenance bond would be provided by the contractors that installed the utilities but
nearly three years have passed since the utilities were installed and the original developer,
contractors and subcontractors are no longer in business. In lieu of a two year maintenance
bond from the contractors, the attached agreement with the developer, Prosper Creek 77, LLC,
will serve as a two year warranty for the water, sanitary sewer and storm sewer systems.
Budget Impact:
N/A
Legal Obligations and Review:
Project Acceptance Agreement was reviewed by the Town Attorney.
Attached Documents:
The following documentation is being provided for review:
• Project Acceptance Agreement
Board, Committee and/or Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute the
Project Acceptance Agreement.
ENGINEERING
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Chris Copple, AICP, Planning Director
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – February 28, 2012
Date: February 23, 2012
Agenda Item:
Consider and act upon Ordinance No. 12-07 rezoning 2.3± acres, located on the northwest corner
of Preston Road and Broadway Street, from Agricultural (A) to Retail (R). (Z12-0001).
Description of Agenda Item:
On February 14, 2012, the Town Council approved zoning case Z12-0001, by a vote of 4-1. Town
staff has prepared an ordinance rezoning the property.
Budget Impact:
There are no significant budget implications associated with the approval of this zoning request.
Legal Obligations and Review:
Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving a
zoning request and adopting an ordinance rezoning property. A public hearing has been held and
the Town Council approved the zoning case. The ordinance has been prepared. Review of the
ordinance by the Town Attorney is not required.
Attached Documents:
1. The ordinance rezoning the property is attached.
Town Staff Recommendation:
Town staff recommends the Town Council adopt the attached ordinance, rezoning 2.3± acres,
located on the northwest corner of Preston Road and Broadway Street, from Agricultural (A) to
Retail (R).
Prosper is a place where everyone matters.
PLANNING
TOWN OF PROSPER, TEXAS ORDINANCE NO. 12-07
AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 2.33 ACRES, MORE OR
LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY,
ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY,
TEXAS, HERETOFORE ZONED AGRICULTURAL (A) IS HEREBY REZONED
AND PLACED IN THE ZONING CLASSIFICATION OF RETAIL (R);
DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that Zoning Ordinance No. 05-20 should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Meredith
Kawaguchi, ET AL, Hugh Ferguson III (“Applicant”) to rezone 2.33 acres of land, more or less, situated
in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County,
Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts contained in
the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and form set
forth by law, and public hearings have been held on the proposed rezoning and all other requirements of
notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is
amended as follows: The zoning designation of the property containing 2.33 acres of land, more or less,
situated in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin
County, Texas, (the “Property”) and all streets, roads and alleyways contiguous and/or adjacent thereto is
hereby rezoned as Retail (R). The Property as a whole and for this zoning classification is more
particularly described in Exhibit “A” attached hereto and incorporated herein for all purposes as if set
forth verbatim.
All development plans, standards, and uses for the Property shall comply fully with the
requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or
may be amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted and
shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original records and
shall not be changed in any matter.
b. One (1) copy shall be filed with the Building Inspector and shall be maintained up-to-date by
posting thereon all changes and subsequent amendments for observation, issuing building
permits, certificates of compliance and occupancy and enforcing the zoning ordinance.
Reproduction for information purposes may from time-to-time be made of the official zoning
district map.
Written notice of any amendment to this District shall be sent to all owners of properties within
the District as well as all properties within two hundred feet (200’) of the District to be amended.
SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of this
Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation
to make use of said premises in some manner other than as authorized by this Ordinance, and shall be
unlawful for any person, firm or corporation to construct on said premises any building that is not in
conformity with the permissible uses under this Zoning Ordinance.
SECTION 5: Penalty. Any person, firm, corporation or business entity violating this Ordinance or
any provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars
($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense.
The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin
the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and
federal law.
SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or
phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional or invalid.
SECTION 7: Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in
full force and effect, save and except as amended by this or any other Ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such
repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal
prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption
and publications as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 28th DAY OF FEBRUARY, 2012.
APPROVED AS TO FORM:
______________________________
Ray Smith, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
_________________________________
Amy Piukana, Town Secretary
DATE OF PUBLICATION: ____________________________, Prosper Press
EXHIBIT A
Legal Description
Being all that certain lot, tract or parcel of land located in the Collin County School Land No. 12 Survey, Abstract No. 47, Town
of Prosper, Collin County, Texas and being a part of a called 50 acre tract of land described in deed recorded in County Clerks
Document No. 96-0025732, Deed Records, Collin County, Texas and being a part of E. Broadway Street (F.M. 1193) and a part
of Preston Road (S.H. 289) and being more particularly described as follows:
Beginning at a point for corner at the intersection of the centerline of Preston Road (S.H. 289), a variable width right-of-way with
the centerline of E. Broadway Street, a variable with right-of-way;
Thence South 89 deg. 19 min. 07 sec. West, along the centerline of said E. Broadway Street, a distance of 174.86 feet to a point
for corner;
Thence North 00 deg. 28 min. 53 sec. West, a distance of 70.00 feet to a point for corner in the present North line of said E.
Broadway Street at the Southeast corner of the remainder of a tract of land described in deed to Charles J. Winikates and Bonnie
M. Winikates, recorded in Volume 2529, Page 871, Deed Records, Collin County, Texas;
Thence North 00 deg. 11 min. 34 sec. East, along the common line of said 50 acre tract and said Winikates tract, a distance of
333.02 feet to a point at the Northwest corner of said 50 acre tract, said point being in the South line of Stone Creek Commercial,
an addition to the Town of Prosper, Collin County, Texas, according to the Plat thereof recorded in Cabinet Q, Slide 216, Map
Records, Collin County, Texas;
Thence North 89 deg. 50 min. 20 sec. East, along the common line of said Addition and said 50 acre tract. Passing at a distance of
226.60 the Southeast corner of said Addition and continuing for a total distance of 330.35 feet to a point for corner in the
centerline of said Preston Road;
Thence South 21 deg. 13 min. 15 sec. West, along said centerline, a distance of 431.09 feet to the PLACE OF BEGINING and
containing 2.33 acres of land.
Basis of Bearings derived from TXDOT right-of-way deeds and maps.
This description was written for a political subdivision and is not based upon an on the ground survey by the undersigned.
To: Mayor and Town Council
From: Chris Copple, AICP, Planning Director
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – February 28, 2012
Date: February 23, 2012
Agenda Item:
Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the
Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7)
and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning
Commission on any site plan or preliminary site plan.
Description of Agenda Item:
Attached are the site plans and/or preliminary site plans acted on by the Planning & Zoning
Commission at their February 21, 2012 meeting. Per the Town’s Zoning Ordinance, the Town
Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town
Council to the Development Services Department for any site plan or preliminary site plan acted on
by the Planning & Zoning Commission.
Attached Documents:
1. Preliminary site plan for Westfork Crossing Addition, on 64.6± acres, located on the
northwest corner of U.S. 380 and Gee Road, approved by a vote of 6-0.
Town Staff Recommendation:
Town staff recommends the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
FISHTRAP ROAD
GEE ROAD423
Centerline Curve Table
Curve #
C1
C2
C3
C4
C5
Delta
038°38'25"
021°25'54"
027°43'57"
026°45'28"
017°12'32"
Length
168.60
93.51
217.81
70.05
75.09
Radius
250.00
250.00
450.00
150.00
250.00
Chord Bearing
N70°59'29"E
N62°23'13"E
N12°34'02"W
N13°03'16"W
N81°42'26"E
Chord Length
165.42
92.97
215.69
69.42
74.81
To: Mayor and Town Council
From: Ronnie Tucker, Fire Chief
Cc: Mike Land, Town Administrator
Re: Town Council Meeting – Feb 28, 2012
Date: Feb 20. 2012
Agenda Item:
Consider and act upon the purchase of a Emergency Response Vehicle using the CoServ
Grant. See picture below.
Description of Agenda Item:
A 6 X 6 ERV with a EMS transport bed to be used for sporting events and town functions. Also a
fire bed to be used for off road fire operations.
Budget Impact:
The Grant from CoServ will cover $25,000 of the cost. The total cost of the ERV is $30,400.00
with the additional cost of a trailer being around $2500.00. We will separate the two items to
save us some money. The additional funds will come from our existing line item budget with no
effect on our bottom line.
Legal Obligations and Review:
N/A
Attached Documents:
Three Bids.
Board, Committee and/or Staff Recommendation:
Town staff recommends that the Town Council approve the purchase to Kimtek Corporation for
the amount of $30,400.00
SOLE SOURCE SUPPLIER
To Whom It May Concern:
For quote purposes, KIMTEK CORP is the “sole source supplier” of the MEDLITE™ or
FIRELITE™ Transport units and the EUV. We sell factory direct with set, manufacturer
controlled prices. KIMTEK CORP is the only manufacturer of the MEDLITE™ or
FIRELITE™ Transport skid units and the EUV complete unit.
Anyone who has concerns or questions about this “sole source supplier” designation,
please direct your inquiry to me, Kimball Johnson, at 1-888-546-8358. Thank you for
your inquiry.
Sincerely,
Kimball W. Johnson
President
Page 1 of 1
To: Mayor and Town Council
From: Wade Harden, Senior Parks and Recreation Planner
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – February 28, 2012
Date: February 23, 2012
Agenda Item:
Consider and act upon reimbursement to the PISD for improvements to the future park location
west of Cockrell Elementary School.
Description of Agenda Item:
The Prosper Independent School District (PISD) is in the process of constructing Cockrell
Elementary School, which will be open for students in the fall of 2012. Town staff has requested
the PISD construct 49 additional parking spaces (2 ADA accessible) on the western edge of the
school to serve the park location west of the school. The parking spaces will function similar to
the parking spaces at Folsom Park just south of Folsom Elementary School. There will be a
variable width public access easement (75’ +/-) dedicated on the western edge of the PISD
property to allow those parking at Cockrell Elementary School access to the park.
Budget Impact:
The cost for the additional spaces is $39,473 and is recommended to be funded by the Park
Improvement Fees. The current Park Improvement Fund balance is $169,341. Approval of this
item will result in a new balance of $129,868 in the Park Improvement Fees fund.
Attached Documents:
• Site Plan with Parking Lot
Parks and Recreation Board Recommendation (PARBd):
At the February 9, 2012 PARBd meeting, the Board motioned to approve the reimbursement of
$39,473 to the Prosper Independent School District for the construction of a parking lot to serve
the future park location. The motion was approved by a vote of 5-0.
Town Staff Recommendation:
Town staff recommends the Town Council approve the expenditure of $39,473 to reimburse the
PISD for the construction of 49 parking spaces to serve the park location west of Cockrell
Elementary School.
PARKS &
RECREATION
Prosper is a place where everyone matters.
COCKRELL ELEMENTARY SCHOOLPARKING LOT LOCATIONELEMENTARYSCHOOL
Page 1 of 2
To: Mayor and Town Council
From: Wade Harden, Senior Parks and Recreation Planner
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – February 28, 2012
Date: February 23, 2012
Agenda Item:
Consider and act upon Resolution No. 12-14 an agreement with the PISD to share the costs for
the development of a playground in the future park location west of Cockrell Elementary School.
Description of Agenda Item:
The Prosper Independent School District (PISD) is in the process of constructing Cockrell
Elementary School, which will be open for students in the fall of 2012. The PISD has asked
Town staff if it has an interest in sharing the cost for the development of a playground in the
park location west of the school. The Town has entered into a similar agreement for the
construction of a playground at Folsom Park and has drafted a similar agreement.
This agreement allows the PISD to construct the playground on the park site and the Town will
reimburse the PISD a maximum dollar amount not to exceed fifty percent (50%) of the
construction cost of the improvement estimated at $75,000 (1/2 = $37,500). The Town will be
responsible to reimburse the PISD within 24 months of the construction being completed. The
PISD will be utilizing Town specifications for the construction and will be responsible for 100%
of the maintenance of the playground.
Budget Impact:
The reimbursement to the PISD is recommended to be funded from the collection of Park
Improvement Fees over the next 24 months.
Legal Obligations and Review:
Town staff prepared this agreement using the Town Attorney approved Intergovernmental Joint
Use Agreement that was used for Folsom Elementary School.
Attached Documents:
• Intergovernmental Agreement
• Playground Vicinity Map
Parks and Recreation Board Recommendation (PARBd):
At the February 9, 2012 PARBd meeting, the Board motioned to approve the agreement as
drafted. The motion was approved by a vote of 5-0.
PARKS &
RECREATION
Prosper is a place where everyone matters.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends the Town Council 1) approve the Intergovernmental Joint Use
Agreement with the Prosper Independent School District; and 2) adopt Resolution No. 12-14
authorizing the Town Manager to execute the same.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-14
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN
INTERLOCAL AGREEMENT REGARDING PLAYGROUND
IMPROVEMENTS TO PARKLAND ADJACENT TO COCKRELL
ELEMENTARY SCHOOL, BY AND BETWEEN THE PROSPER
INDEPENDENT SCHOOL DISTRICT 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
Interlocal Development Agreement regarding playground improvements to parkland
adjacent to Cockrell Elementary School between the Prosper Independent School
District (PISD) and the Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 28th day of February, 2012.
______________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
Page 1 of 7
INTERGOVERNMENTAL JOINT USE AGREEMENT
This Intergovernmental Joint Use Agreement (“Agreement”) is made and entered into
this ____ day of __________, 2012, by and between the Town of Prosper, Texas, a municipal
corporation organized under the laws of the State of Texas (“Town”), with the authorization of
its governing body, and the Prosper Independent School District, a political subdivision of the
State of Texas (“District”), with the authorization of its governing body (collectively referred to
as the “Parties”).
WHEREAS, the Town owns real property within the corporate limits of the Town
containing 8.42± acres, more or less, described as Whitley Place, Phase Three, Block B, Lot 5X
as shown on the attached Exhibit “A” (“Neighborhood Park”);
WHEREAS, the Property is adjacent to Cockrell Elementary School, as shown on the
attached Exhibit “A” (“School”);
WHEREAS, the District has determined that an additional playground facility
(“Playground”) is needed for use by the students at the School;
WHEREAS, there District has determined that space for the Playground is best located
on Town property;
WHEREAS, the Town has determined that space for the Playground is available on the
Park Property;
WHEREAS, the Parties recognize the public interest of developing a Playground on the
Park Property, adjacent to the School. An exhibit showing the Playground on the Park Property
subject to this Agreement is attached hereto as Exhibit “B”.
WHEREAS, Town and District recognize that the taxpayers of each entity are best served
by the maximum utilization of the Park Property and Playground, thereby minimizing the need
for costly duplication of similar facilities;
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
contained herein, the parties hereto agree as follows:
1. Term.
a. Primary Term. The primary term of this Agreement shall be for twenty (20)
years, commencing on the Effective Date and, unless renewed according to the
terms set forth in 1(b) below will terminate on the ____ of March, 2032.
b. Renewal. The primary term of this Agreement may be extended by written
agreement by both Parties for five (5) year periods upon the same terms and
conditions as set forth herein or as amended. In order for the primary term to be
extended for a renewal term, District must notify Town, in writing, of its desire to
extend the Agreement for an additional five (5) year period. Such notice must be
Page 2 of 7
given sixty (60) days prior to the expiration of the primary term or any five (5)
year extension thereof. District will, after Town gives such notice, have thirty
(30) days in which to notify Town of its agreement to extend the term of the
Agreement. If District fails to notify Town in writing, of its agreement to extend
any given term of the Agreement, the Agreement will expire as provided for
herein.
2. Obligations.
A. Obligations of Town.
i) Town shall give the District a maximum of $32,500.00 to assist in the
construction of the Playground. Upon development of the park location with
improvements other than parking facilities and said playground, the District shall
submit a written request to the Town for payment. The Town shall submit
payment to the District within thirty (30) days of receiving notice.
ii) Town shall permit the construction of the Playground on the Park Property. At
such time as the Town proceeds with full development plans for the Park
Property, those plans shall reflect the Playground locations.
B. Obligations of District.
i) The District shall construct the Playground. The total installed cost of such
Playground, including the Town’s $32,500.00 payment, shall be equal to or
greater than $75,000.00.
ii) The Playground shall be located on the Park Property near the School, as depicted
on attached Exhibit B. The final location of the Playground shall be approved by
both Town and District staff.
C. Joint Obligations of the Parties.
i) Upon completion of construction, the District shall be responsible for one hundred
percent (100%) of all costs and responsibilities associated with the maintenance,
repair and operation of the Playground. The District may, as necessary, employ
contractors or subcontractors to perform maintenance and repair work and shall be
responsible for such repair and maintenance costs.
ii) The Town and District shall grant a right of mutual access to the Playground.
Page 3 of 7
3. District Use of Playground. During the term of this Agreement, District shall have
exclusive use of the Playground during school hours and for District sponsored events.
Outside of school hours and District sponsored events, the Playground shall be open to
use by the general public for public recreation.
4. Rules and Regulations. Town and District recognize that District has adopted certain
rules and regulations covering the use of the Playground and the conduct of persons at or
on such Playground, which rules may be amended from time to time at District’s sole
discretion, in order to ensure the continued and uninterrupted operation of the Playground
and the safety of all users. District agrees that it will notify Playground users of the rules
and regulations promulgated by District relating to such Playground. Third party users
that fail to comply with the rules will be suspended from use of the Playground until
District and Town receive written assurances the rules will be followed in the future, and
both Parties mutually agree that the suspension from use will be lifted. Additionally,
Town may adopt and enforce ordinances in conjunction with District’s rules and
regulations.
A. Use of Playground
i) Town and District shall use the Playground only for the purposes outlined in this
Agreement.
ii) Town and District shall not use, or permit the use of, the Playground in any
manner that results in waste of the Playground or constitutes a nuisance. Nor shall
Town and District use, or permit the use of, the Playground for any illegal
purpose.
iii) Town and District shall comply with all governmental laws, ordinances and
regulations applicable to the use of the Playground, and shall comply with all
governmental orders and directives for the correction, prevention and abatement
of nuisances and other activities in or upon, or connected with the Playground.
iv) To the extent any alterations to the Playground identified in this Agreement,
subsequent to completion of construction of the Playground, are required by the
ADA or other applicable laws or regulations, District shall be responsible for one
hundred percent (100%) of the expense of the alterations.
v) Any signs installed by Town and District on the Playground must conform to
applicable laws, deed restrictions on the Playground, and other applicable
requirements.
B. Liability
i) Town shall not be liable for any damage or injury to the persons, business (or any
loss of income), goods, inventory, furnishings, fixtures, equipment, merchandise
or other property of District, District’s employees, invitees or licensees, whether
the damage or injury is caused by or results from: (a) fire, steam, electricity,
Page 4 of 7
water, gas or wind; (b) the breakage, leakage, obstruction or other defects of
pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures
or any other cause; (c) conditions arising on or about the Playground or upon
other portions of any building of which the Playground is a part, or from other
sources or places; or (d) any act or omission of the District. Town shall not be
liable for any damage or injury even though the cause of or the means of repairing
the damage or injury are not accessible to District. Town does not waive its right
of sovereign immunity by entering into or performing the terms and conditions of
this Agreement.
ii) District shall not be liable for any damage or injury to the persons, business (or
any loss of income), goods, inventory, furnishings, fixtures, equipment,
merchandise or other property of Town proximately caused by the intentional
misconduct or negligence of Town, its employees, officers, or agents after the
effective date of this Agreement. District does not waive its right of sovereign
immunity by entering into or performing the terms and conditions of this
Agreement.
C. Compliance with the Law.
Parties will insure that all operations and vendor or concessionaire activities will
comply with applicable federal, state and local laws. District and Town will not be
responsible for the compliance of third parties with this provision.
D. Maintenance and Surrender.
i) District shall, at all times, keep the Playground in good order, condition and
repair, ordinary wear and tear excepted, including, but not limited to, maintenance
and repairs as provided in this Agreement.
ii) Town, shall comply with all laws, rules, orders, ordinances, directions, regulations
and requirements of Federal, State, county and municipal authorities pertaining to
Town’s use of the Playground and with the recorded covenants, conditions and
restrictions, regardless of when they become effective, including, without
limitation, all applicable Federal, State and local laws, regulations or ordinances
pertaining to air and water quality, Hazardous Materials waste disposal, air
emissions and other environmental matters, all zoning and other land use matters,
and with any direction of any public officer or officers, pursuant to law, which
impose any duty upon Town with respect to the use or occupancy of the
Playground. Any costs for compliance shall be shared by both parties on a 50-50
basis.
5. Incidents.
All accidents to persons or damage to the Playground shall be reported by the party
receiving the report of the accident or damage to the other party verbally within twenty-
four (24) hours, verbal notice may include leaving a voice mail message at the contact
Page 5 of 7
numbers identified in paragraph 9 below, and in writing within three (3) business days
from the date of such accident or damage.
6. Insurance.
A. Liability Insurance.
Each Party hereto shall maintain during the term of this Agreement a general liability
insurance policy covering damages arising out of personal or bodily injury or death
and damage to property, including the loss thereof, occurring on or in any way related
to the use of the Playground covered by this Agreement, with limits of not less than
one million dollars ($1,000,000.00) dollars annual aggregate limit or five hundred
thousand ($500,000.00) dollars single limit per occurrence annual aggregate. Such
insurance policy shall provide that the insurer shall give not less than thirty (30) days
prior written notice of the cancellation thereof to the other Party. Each Party shall
give the other Party evidence of such insurance coverage within thirty (30) days from
the execution date of this Agreement.
B. Property Insurance.
Town shall maintain property damage insurance on the Park Property.
7. Default.
Failure of a party to abide by any of the terms and conditions of this Agreement shall
constitute an Event of Default. In the event of a non-monetary default, the non-defaulting
party shall notify the defaulting party of such event of default in writing. If the non-
monetary event of default does not involve the safety of person or property, in the sole
determination of the non-defaulting party, the defaulting party shall have thirty (30) days
from the date of notice within which to cure the default; or if the default is not susceptible
of being cured within such thirty (30) day period, the defaulting party shall have ten (10)
days from the date of notice to commence cure of the default and shall continuously and
vigorously pursue the same to completion. If the non-monetary event of default involves
the safety of person or property, in the sole discretion of the non-defaulting party, the
defaulting party shall have twenty-four (24) hours within which to cure such default,
failing which the non-defaulting party shall have the right to suspend the defaulting
party’s right to use the Playground until the default is cured. In the event of a monetary
default or a non-monetary default which has not been cured within the time set forth
above, the non-defaulting party shall have the right to immediately terminate this
Agreement.
8. District Board and Town Council Approval.
This Agreement is entered into by District pursuant to a resolution passed by its Board of
Trustees dated _________, 2012, authorizing the Superintendent to execute the same on
behalf of the Prosper Independent School District, and by Town pursuant to a resolution
Page 6 of 7
passed by its Town Council dated __________, 2012, authorizing the Mayor to execute
the same on behalf of the Town of Prosper.
9. Miscellaneous Provisions.
A. Notices. Any notice required or permitted under this Agreement shall be given when
actually delivered or when deposited in the United States mail as certified mail
addressed as follows:
To District: Prosper Independent School District
Superintendent
P. O. Box 100
Prosper, Texas 75078
Telephone: 972-346-3316
Facsimile: 972-346-9247
To Town: Town of Prosper
Town Administrator
P.O. Box 307
Prosper, Texas 75078
Telephone: 972-346-2640
Facsimile: 972-347-2304
B. Entire Agreement. This Agreement contains the entire agreement of the parties with
respect to the matters contained herein and may not be modified or terminated except
upon the provisions hereof or by the mutual written agreement of the parties hereto.
C. Venue. This Agreement shall be construed in accordance with the laws of the State
of Texas and shall be performable in Collin County, Texas.
D. Consideration. This Agreement is executed by the parties hereto without coercion or
duress and for substantial consideration, the sufficiency of which is forever confessed.
E. Sovereign Immunity. Nothing in this Agreement shall be deemed a waiver of the
governmental, sovereign, or official immunity afforded by law to either the Town or
District.
F. Non-Transferable. Neither party hereto shall sublet, transfer or assign any of its
rights hereunder to a third party.
G. Cumulative Remedies. All rights and remedies of Town and District under this
Article shall be cumulative, and none shall exclude any other right or remedy
provided by law, or by any other provisions of the Agreement. All such rights and
remedies may be exercised and enforced concurrently and whenever, and as often, as
occasion for their exercise arises.
Page 7 of 7
H. Waiver of Breach. A waiver by either Town or District of a breach of the
Agreement by the other party does not constitute a continuing waiver or a waiver of
any subsequent breach of the Agreement.
I. Parties Bound. The Agreement shall be binding upon, and inure to the benefit of, the
Parties to the Agreement and their respective heirs, executors, administrators, legal
representatives, successors, and assigns when permitted by this Agreement.
J. Legal Construction. In case any one or more of the provisions contained in the
Agreement shall for any reason be held by a court of competent jurisdiction to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision of the Agreement, and the
Agreement shall be construed as if the invalid, illegal, or unenforceable provision had
never been included in the Agreement.
K. Equal by all Parties. The Agreement shall be deemed drafted equally by all parties
hereto. The language of all parts of the Agreement shall be construed as a whole
according to its fair meaning, and any presumption or principle that the language
herein is to be construed against any party shall not apply.
L. Amendment. No amendment, modification, or alteration of the terms of the
Agreement shall be binding unless it is in writing, dated subsequent to the date of the
Agreement, and duly executed by the parties to the Agreement.
M. Force Majeure. Neither Town nor District shall be required to perform any term,
condition, or covenant in the Agreement so long as performance is delayed or
prevented by force majeure, which shall mean acts of God, strikes, lockouts, material
or labor restrictions by any governmental authority, civil riots, floods, and any other
cause not reasonably within the control of Town or District and which by the exercise
of due diligence Town or District is unable, wholly or in part, to prevent or overcome.
TOWN OF PROSPER, TEXAS
By: ________________________________
Mike Land, Town Manager
Attest: Date: ______________________
_________________________________
Amy Piukana, TRMC
Town Secretary PROSPER INDEPENDENT
SCHOOL DISTRICT
By: ________________________________
Drew Watkins, Superintendent
Date: _______________________
Page 1 of 2
To: Mayor and Town Council
From: Mike Land, Town Manager
Re: Town Council Meeting Tuesday, February 28, 2012
Date: February 23, 2012
Agenda Item:
Consider and act on a resolution terminating of the Interlocal Agreement related to construction
of a sewer line and roadway improvements between the Town of Prosper and the Prosper
Economic Development Corporation (PEDC) and authorizing the Mayor to sign said termination
agreement.
Description of Agenda Item:
The Town and PEDC entered into an Interlocal Agreement referenced above on July 18, 2007.
The Agreement described how the PEDC was to provide financial assistance to the Town in the
construction of a major sewer line servicing property located at the northwest corner of Hwy 380
and Custer Rd. Through the Agreement the PEDC committed to assisting the Town with a
certain Chapter 380 Economic Development Program Agreement between the Town and
Custer-Prosper, L.P. related to the referenced property.
The Town in January of 2011 terminated the Chapter 380 Agreement with Custer-Prosper, L.P.
following a notice of default and notice of termination being delivered to the developer.
As a result of the termination of the agreement the Town and PEDC agreement should follow a
similar course due to the project’s lack of progress, the property’s foreclosure and now new
ownership, with whom no new agreement has been negotiated.
The PEDC Board approved the termination of Interlocal Agreement during their regularly
scheduled Board meeting on Wednesday February 15, 2012.
Legal Obligations and Review:
The Prosper EDC’s Attorney Julie Fort prepared the termination document.
Attached Documents:
1. Resolution authorizing the Mayor to sign a termination of Interlocal Agreement related to
construction of a sewer line and roadway improvements.
2. Termination of Interlocal Agreement related to construction of a sewer line and roadway
improvements.
3. Interlocal Agreement by and between the Town of Prosper, Texas and the Prosper
Economic Development Corporation concerning the construction of a sewer line with
related improvements and roadway improvements.
Prosper is a place where everyone matters.
ADMINISTRATION
Page 2 of 2
Staff Recommendation:
Staff recommends that the Prosper Town Council approve the Resolution 12-10, authorizing the
Mayor to sign a termination of Interlocal Agreement related to construction of a sewer line and
roadway improvements between the Town of Prosper and the Prosper Economic Development
Corporation.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-10
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HERBY AUTHORIZING THE MAYOR TO SIGN A
TERMINATION OF INTERLOCAL AGREEMENT RELATED
CONSTRUCTION OF A SEWER LINE AND ROADWAY IMPROVEMENTS
BETWEEN THE TOWN OF PROSPER AND THE PROSPER ECONOMIC
DEVELOPMENT CORPORATION.
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 hereby approves
authorizing the Mayor to sign a termination of Interlocal Agreement related to
construction of a sewer line and roadway improvements.
SECTION 2: Resolved by the affirmative vote of the Town Council on the 28th day
February, 2012 by vote of __ to ___.
________________________
Ray Smith, Mayor
ATTEST TO:
______________________
Amy Piukana, TRMC
Town Secretary
TERMINATION AGREEMENT Page 1 of 2
TERMINATION OF INTERLOCAL AGREEMENT RELATED TO
CONSTRUCTION OF A SEWER LINE AND ROADWAY IMPROVEMENTS
(Hwy 380 & Custer)
STATE OF TEXAS §
COUNTY OF COLLIN §
This Termination of Interlocal Agreement between the Town of Prosper, Texas (“Town”)
and the Prosper Economic Development Corporation (“PEDC”) Concerning Construction of a
Sewer Line with Related Improvements and Roadway Improvements by mutual consent of the
parties (“Termination Agreement”) is entered to be effective on the latest date reflected by the
signatures of the parties below. The Town and PEDC are collectively referred to as the
“Parties”.
WHEREAS, PEDC and Town entered a “Interlocal Agreement between the Town of
Prosper, Texas and the Prosper Economic Development Corporation Concerning Construction of
a Sewer Line with Related Improvements and Roadway Improvements” on July 18, 2007
(“Agreement”); and
WHEREAS, the Agreement was entered by the Town and PEDC to set forth the
economic development assistance to be provided to Town by PEDC to assist Town with a certain
Chapter 380 Economic Development Program Agreement between Town and Custer-Prosper,
L.P. related to property located at Highway 380 and Custer Road dated July 17, 2007 (“Chapter
380 Agreement”); and
WHEREAS, the Town terminated the Chapter 380 Agreement following a notice of
default and notice of termination being sent to Custer-Prosper, L.P.; and
WHEREAS, the Parties have investigated and determined that it is in the best interest of
the Town and PEDC to terminate the Agreement since the underlying Chapter 380 Agreement is
no longer in effect.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
contained herein, the Parties hereto agree as follows:
1. Termination of Agreement. The Town and the PEDC hereby mutually agree to
terminate the Agreement as of the effective date of this Termination Agreement.
2. No Third Party Beneficiaries. Nothing in this Termination Agreement shall be
construed to create any right in any third party not a signatory to this Termination Agreement,
and the Parties do not intend to create any third party beneficiaries by entering into this
Termination Agreement.
3. Incorporation of Recitals. The representations, covenants and recitations set forth in the
foregoing recitals of this Termination Agreement are true and correct and are hereby
incorporated into the body of this Termination Agreement and adopted as findings of the Parties.
TERMINATION AGREEMENT Page 2 of 2
4. Venue. This Termination Agreement shall be construed in accordance with the laws of
the State of Texas and shall be performable in Collin County, Texas.
5. Consideration. This Termination Agreement is executed by the Parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
6. Counterparts. This Termination Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile signature
will also be deemed to constitute an original if properly executed.
7. Authority to Execute. The individuals executing this Termination Agreement on behalf
of the respective Parties below represent to each other and to others that all appropriate and
necessary action has been taken to authorize the individual who is executing this Termination
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 Termination Agreement in order for
the same to be an authorized and binding agreement on the Party for whom the individual is
signing this Termination Agreement and that each individual affixing his or her signature hereto
is authorized to do so, and such authorization is valid and effective on the date hereof.
IN WITNESS WHEREOF, the Parties have executed this Termination Agreement to be
effective on the latest date as reflected by the signatures below.
TOWN OF PROSPER, TEXAS
By:_________________________________
Ray Smith, Mayor
Date Executed:_______________________
Attest:
_________________________________
Amy Piukana
Town Secretary
PROSPER ECONOMIC DEVELOPMENT
CORPORATION
By:_________________________________
Jim Wicker, President PEDC Board of Directors
Date Executed:_______________________
Attest:
_________________________________
Beth Larsen
Prosper EDC Executive Assistant
P
C)W I4 C)F
SPER
“A PLACE WHERE EVERYONE MATTERS”
FINANCIALS
FY 2011 —2012
January,2012
END-OF-MONTHCASHOVERVIEW(RECONCILED)JANUARY,2012wciSIFIaplacewhereeveryonemailersCASHOVERVIEWInternalGeneralWaterlSewerServiceCapProjCapProjCapProj2010TaxCapProjStorm5Parks*impactSpRevSp.RevFundFundI&SFundO4BondOBBond08BondNote2011QDrainage(Ded+lmDFeesFundEscrowEDCTOTALSCASH-LOCALBANK4,7717853,685,6872,528,38978,961257,419-1,606,19266,912261734221,560447,5952,631,05572,2041466,3781,925,19120,021,063CERT.OFDEPOSIT2,0000004,500756300,0006,800,756TEXPOOLBALANCE84,0734,70437,565-165,760-----2,206,990--1,3232,500,416TEXSTARBALANCE328,578----881,3152,622,809--1,237,4582,479,826-971,5151,1888,522,689TOTAL7,184,435 8,191,1472,865,95478,961423,179 881,3154,229,00166,912261,734221,5601,685,0537,317,87172,2042.437.8941,927.70337.844,924*ParksFundcombinesParksDedicationandParksImprovement**ImpactFeesconsistofWaterImpact,SewerImpactandThoroughfareImpactfees.SpecialRevenueFundfigureconsistof CourtTechnologyFd,CourtSecurityFd,Policedonations,Firedonations,SafetyFairdonations,ChildSafetycollections,andShatteredDreamsdonations.Theseareallretrictedfundsforspecificpurposes.TotalRestrictedFunds20,541,639
PR&5°MRaplacewhereeveryonematters”C00I-$9,000$8,000$7,000$6,000$5,000$4,000$3,000$2,000END-OF-MONTHCASHOVERVIEW(RECONCILED)JANUARY,2012$1,000$0CERT. OFDEPOSIT20,021,06353%TEXSTARBALANCE•TEXPOOLBALANCEGeneralWater/SewerFundI&SInternalServiceCapProjCapProjCap Proj2010TaxNoteCapProjStorm*parku°°Impact555SpRevSp. RevFundFund04Bond06Bond08 Bond2011BondDrainage(Ded+Imp)FeesFundEscrowCASH-LOCALBANKEDC
$3,000
$2,750
$2,500
Cl)$2,250
$2,000
W $1,750
$1,500
2 $1,250
I—$1,000
$750
$500
________
$250
Month ..__I
Oct $1 ,‘.14
Nov $134,228.60
Dec $2,569,783.42
Jan $1,428,265.19
Feb $809,613.41
Mar $253,646.04
Apr $79,658.28
May $123,102.41
June $51,866.19
July $59,782.87
Aug $17,246.48
Sept $10,093.15
%of Total
J Taxes Due
______
1.11%$
4.08%$269,564.25
38.28%$2,778,563.05
38.00%$2,055,811.24
11.60%
3.32%
0.61%
1.12%
0.65%
0.44%
0.25%
0.32%
%of Total
Taxes Due
5.38%
4.20%
43.29%
32.03%
YTD Totals $5,556,413.18 102.90%$6,012,452.74 99.77%$5,449,520.23 84.91%Collected YTD
includes delinquent
collections
$5,399,872.83 $6,026,100.54 $6,418,046.61 Total taxes due
includes dellnquent
before adjustments
PROPERTY TAX COLLECTIONS
THREE (3)YEAR COMPARISON
FOR PEAK COLLECTION MONTHS
_1
Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept
PROPERTY TAX COLLECTIONS
THREE (3)YEAR COMPARISON
PERCENT OF TOTAL DUE (Before Adjustments)COLLECTED
ci)
C.)
1)
0
C)
a..’
a)
0
120%
100%
80%
60%
40%
20%
0%
:7J:
Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept
%of Total
Taxes
I,;
2.49%$245,708.45
47.59%$2,307,007.29
26.45%$2,289,662.66
14.99%$698,822.18
4.70%$199,858.51
1.48%$36,824.36
2.28%$67,437.54
0.96%$39,365.06
1.11%$26,492.13
0.32%$14,870.63
0.19%$19,320.71
YTD Totals $1,303,744.06 $1,267,161.56 $545,021.36 $228,397.02
$1,130,000.00 Budgeted Sales Tax
72.14%
***Received large quarterly sales tax pmt from local business
Jan.Budgeted:
Jan.Received:
YTD Mo’ly Budgeted:
YTD Moly Received:
$94,166.67 formonthofJan20l2
$152,805.41
$58,638.74 Increase over budgeted
62.27%%Jan.2012 variance
$376,666.68 YTDJan-2012
$545,021.36
$168,354.68 Increase
44.70%YTD variance
THREE YEAR (3)COMPARISON
TOWN OF PROSPER SHARE OF SALES TAX
PROSPER,TEXAS
$250,000
$200,000
$150,000
$100,000
$50,000
$-
Month
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
June
July
——$.I —$
$Amount %of Change
fric/De.c frlc/(De
•FYO9-1O •FY1O-11 •FY1112
--_
f .1
;:
$
$
$
$
$
$
$
$
$
$
100,898.03
87,322.54
91,239.15
112,125.21
67,208.54
63,837.14
185,754.33
78,933.26
74,820.33
219,591.71
$
$
$
$
$
$
$
$
$
$
102,733.59 $151,482.42 $48,748.83 47.45%
63,109.58 $124,330.65 $61,221.07 97.01%
73,055.18 $116,402.88 $43,347.70 59.34%
77,725.99 $152,805.41 $75,079.42 96.59%
76,266.92
91,119.20
134,429.49
111,390.14
122,119.89
153,415.34
Aug $116,390.79 $129,026.27
Sept $105,623.03 $132,769.97
gluser_r&a2rbutlerTownofProsperPage11:4902/22/12Rev/ExpFundCategnryRept(3)Fund:PeriodEnding:1/2012AccountCUrrentCurrentCurrentCurrEntCurtentCUrientCUrrentCurrentNumberYearMonthMonthMonthY’IO‘nonoRemainiogAdoptedBudgetActualVarianceBudgetActualVarianceBudgetGENERALFUNDREVENUESPropertyTax3,940,354.00—1.249,706.54-1,249,706.54—3,940,354.00-3.316,329.27-624,024.73624,024.73-SalesTax1,133,500.00-153,723.41-153,723.41-1,133,500.00-545.939.36-567,560.64597,560.64-Franchise365,550.00-30,294.49-30,294.49-365,350.00-57,345.40-308,004.54306,004.54-License,Fees.&Permits1,241,100.00-192,876.34—192,876.34-1,241.100.00-496,591.04-744,508.96744,508.96—ChargesforServices202,905.00-22,143.17-22,143.17-202.905.00-55,058.76-147,846.24147,846.24-Grants131.289.00-30,230.24-30,230.24-131,289.00-99,995.50-31,293.5031,293.50-InvestmentsIncome75,500.00-4,808.27-4,908.27-75,500.0015,002.02-60,497.9860,497.98-Fines&Warrants220,000.00-18.429.07-18,429.07-220,000.00-90.467.44-129,532.56129,532.56-TransferIii586,710.00-566.710.00-586,710.00586,710.00-Miscellaneous56,250.00-33,297.38-33,297.18-56,250.00-84,679.28-28,429.28-28,429.28TotalRevenues7,953,158.00-1.735,508.71-1,735,508.71-7,953,158.00-4,761,608,13-3,191,549.873,191,549.87-i.ppropriatioUsPersonnel9,418,212.00382,024.21382,024.215,418.212.001,564,339.343,853,873.66-3,853,873.66Materialsandsupplies331,795.0039,793,1639,793,18331,795,00104,388.94227,406.06-227,406.06TOWnSErviCes/MaintenEUte417,801.0045,454.9645,454.98417,991.00140,950.17277,340.83-277,340.83Contractual/ProfessionalSet1,590,655,00140,151.93146,151,931,590,655.00587,017.291,003.637.71-1,003,637.71Capital161,700,0021,263.7821,263.78161,700.0070,138.2091,561.80-91.561,80InterfundTransferOut32,905.0032,905.0032,905.00-32,905.00TotalAppropriations7,953,158.00634,669.09634,688.087,953,109.002,466,432.945,486,725.06-5,486,729.06Revenueover/(Under(Approp1,100,820.63-1,100,820.63-2,295,175.19-2,295,175.19-2,295,175.19
gluser_r&a2rhutlerTownofProsperPage211:4902/22/12Rev/ExpFundCategoryRapt(3)Fund:PeriodEnding:1/2012AccOuntDescriptionCurrentCurrentCtr±entCurrentCurrentCurrentCurrentCurrentNumberYearMonthMonthMonthITOITOYTORemainingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetMATER&SEWERFUN])RevenuesLicenses.Fees,&Permits900.00-648.14-848.14-900.00-3,829.87-2.929.87-2,929.87InvestmentIncome40,000.00-3,444.13-3,444.13-40.000.00-15.551.97-24,448.0324.44E.03Miscellaneous25,000.00-2,832.60-2,832.60-20,000.00-13,707.26-11,292.7411,292,74-N/srap&Connection230,000.00-56.975.00-$6,975.00-230.000.00-156.364.28-73,635.7273,635.72.ServiceImitationFees29,000.00-2,470.00-2,470.00-25,000.00-12.715.00-12,285.0012,285.00-WaterCharges3,678,400.00-129,167.65-129,167.65-3,678,400.00-1,126,040.06-2,552,354.442,552354.44-SewerCharges1,800,300.00-154,922.83-154,922.83-1,800,300.00-622,903.43-1,177,396.571,177,396.57-Penalties57,000.00-4.125.23-4,125.23-57,000.00-32,853.18-24,146.8224,146.82-SolidWaiteCharges687.000.00-57.458.49-57,495.49-687.000.00-227,279.90-459,720.20455.720.20-TotalRevenues6.543.600.00-412,284.07-412,284.07-6,543,600.00-2,211,250.35-4,332,349.654,332,349.65-AppropriationsPCrionnel703,485.0042,311.0642,311.06703.4ä3.00183,398.98520,086.02-520;086.02MaterialsandSupplies1.359,200.00127,911.75127,511.751,359.200.00456,228.00902.972.00-902,572.00TownServices/Maintenance470,923.0017,942.4817,542.48470,523.00117,675.74353,247.26-353,247.26Cdhitactual/PtDf&sth±Onal5eii1,966,500.00100,387.74100,307.741,966,500.00552,550.641,413,545.15-i,4i5,s4s.i5Capital28,000.0028,000.0015,766.0012,234.00-12,234.00Bonds1,353,465.001,353,465.001,353,460.00-1,353,465.00InterfundTransfersOut574,710.00374,710.00574,710.00-574,710.00TotalAppropriations6,456,283.00288,553.03288,553.036,456.283.001,325.618.565,110,663.44-5,130.663.44Revenueover/(Under)Approp87,317.00-123,731.04-123,731.04-87.317.00-885,630.79-798,313.79-798,313.79
gluser_r&a2rbutlerTownofProsperPage311,4902/22/12Rev/ExpFundCategoryRept(3)Fund,PeriodEnding1/2012Account4’u..’CurrentCurrentCurrentCurrentC’urentCurrentCurrentCurrentNumberYearMonthMonthMonthYTO‘ITO‘ITORemainingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetINTEREST&SINKINGFUNDKeVdnUePropertyTax2,014,667.00-806.104.68-806,104.68-2.514,667,00—2,131,190,94-383,476.06383,476.06-InvestmentIncome16,000.00-1,983.18-1,983.18-16,000.00-15,219.19-780.81780.81-TOtalRevenues2,530,667.00-808,007.86-808,087.86-2,530,667.00-2,146,410.13-384,256.87384,256.87-AppropriationsBonds2.336.808.002.336,808.0016,316.112,320.491.89-2.320.491.89Iaterf,mdTransfetsOutTotalAppropriations2,336,808.002,336,808.0016,316.112,320,491.892,320.491.89RevenueOver/(Under)Approp193,859.00-808,087.86-808.087.86-193,859.00-2,130,094.02-l,936,23S.021.936.235.02INTERNALSERVICEfONDRevenueInterestIncome500.00-78.06-78.06-500.00-298.59-201.41201.41-InterfundTransfersIn81.800.00-3,060.00-3.060.00-81.800.00-12.240.00-69,560.0069,560.00-TotalRevenues82,300.00-3,136.06-3.138.06-82,300.00-12.538.59-69.761,4169,761.41-9propriationSPeronne150,000.001,567.921,567.9250,000.0017,947.2832.052.72-32,052.72TotalAppropriations50,000.001.567,921,567.9250,000.0017,947.2832.052.72-32,052.72RevenueOver/(Under)Approp32.300.00-1.570.14-1,570.14-32.300.00-5,408.6937,708.6937.708.69
gluserr&a2rhutlerTown06ProsperPage4114902/22/12Rev/ExpFundCategoryKept(3)FundPeriodEnding1/2012Account‘-i,6-iCurrentCurrentCurrentCurrentCurrentCurrentCurrentCurrentNumberYearMouthMonthMonthYTDYTOYTORemainingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetSTORMDRAINAGEFUNDReVenuesStormDrainageUtilityFee235,000.00-16,616.91-16,616.91-235,000,00-66.205.42-168,794.58168,794.58TotalInvestmentIncome1,000.00-219.48-219.481.000.00-718.95-261.09281.05-TotalMiscellaneousTotalRevenues236,000.00-16,836.39—16,836.39-236,000.00—66,924.37-169,075.63169,075.63-AppropriationsTotalPersonnel43,740.0043,740.0043,740.00-43,740,00MaterialS&Supplies10,550.0010,550.004,104.006,446.00-6,446.00TownServices/Maintenance4,900.004,900.004.900.00-4,900.00TotalPrbtessiönalServices600.00600,9016,670.0016,075.0016,975,00-TotalContractServices36.000,0036.000,0012,593.2023,406,80-23,406.80TotalCapital34,000.0034,000.0034,000,00-34.000,00TotilInterfundTransferOut14400.0014.400,0014.400.00-14,400.00Total?ppropriatious144,190.00144.190,0033,372.20110.917,80-110,817.80TotalRevenueOver/(under)App91.810.00-16,836.39-16,836.39-91.810.00-33,552.17-58,257.8358.257.83-PARKSFUNDRevenueInvestmentIncome3,800.00-528.89-528.89-3.800.00-1,842.91-1,957,091,957.09-ParkFees125.000.00-10,110.00-10,110.00-125,000,00-143.227,83-18.227,83-18,227.83TotalRevenues128,800.00—10,638.89-10.638.89-128,800.00—145,070.74-16.270.74-16,270.74Appropriations(Parks)Contractual/ProfessionalSer1.620.000.007,008.697,008.691,620,000.0014,015.191,605,984.81-1,605.984,81TotalAppropriations1,620,000.007,008.697,008.691,620,000,0014,015.191,605,984.81-1.605,984.81
gluser_r&a2rhutlerTownofProsperPage511:4902/22/12Rev/ExpFundCategoryRept(3)Fund:PeriodEnding:1/2012AccountDescriptionCuitentCurrentCurrentCurrentCurrentCurrentCurrentCurrentguntherYearMonthMonthMonthflDnonoRemainingAdoptedBudgetkctualVarianceBudgetActualVarianceBudgetRevenueOver/)Under)Approp1.491.200.003,630.20-3.630.20-1,491,200.00131,055.55-1.622,255.55-1,622,255.55
gluser_r&a2rhutlerTownnOProsperPage611:4902/22/12Rev/ExpFundCategoryRept(3)FundPeriodEnding:1/2012AccdüntDescriptionCurrentCürPetCurrentCurrentCurrentCurrentCurentCurrentNumberYearMonthMonthMonthTODYTDYTDRemainingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetIMPACTFEESFUNDRevenueInvestmentIncome10,000.00-2,787,73-2,797.73-10,000.00-10,624.07-624.07-624.07ImpactFees1.300,000.00-223.281.00-223,281.00-1.300,000.00-543.940.00-756,060.00756.060.00-rotalRevenues1.310,000.00-226.078.73-226,078.73-1,310000.00’554,064.07-705,435.93755,435.93-AppropriationsContractual/ProfessionalServi925,000.00742.50742.50925,000.0088,609.72836,390.28-836,390.28Capital4.628.000.004628,000002l,987.00-4649,907.00-4649,987.00InterfundTransfersOut99,225.0099,225.0099.225.00TotalAppropriations5.553,000.00742.50742.505.553,000.00165,847.725.387.152.28-5.387,152.28RevenueOver/(Uiider)Approp4.243.000.00225.336.23-225.336.23-4.243,000,00388,716.35-4,631,716.35-4,631,716.35SPECIALREVENUEDONATIONFUNDRevenueCourtFees6.900.00-544.94-544.94-6.900.00-3.018.24-3,881.763,881.76-Contributions43,500.00-16,234,30-16,234.30-43,500.00-31.159.12—12,340.8812,340.88-EscrowIncome1,504.22-1,504.22-644,416.94-644,416.94-644,416.94Grants2.000.00-2,000.00-2,000.002,000.00-MiscellaneousTotalRevenues52.400.00-18.283.46-18,283.46-52.400.00-678.594.30-626.194.30-626,194.30
gluserr&a2rhutlerTownofProsperPage7l14902/22/12Rev/ExpFundCategoryKept(3)FundPeriodKuding:1/2012Account--CurrentCurrentCurrentC*rentCurrentCurrentCurrentCuxrdntNumberYearMonthMonthMonthY’I’VY’S’DRemainingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetAppropriations(Sp.Rev.)TownServices/Maintenance59,200.002,315.782,315.7859,200.00233,562.07174,362.07174,362.07-TotalAppropriations59,200.002,315.782,315.7859,200.00233,562.07174.362,07174.362.07-RevenueOver/(Under)Approp6,800.0015.967.68-15,967.68-6,800.00445,032.23451.832.23-451,832.23CAPITALPROJECTSFONDRevenueGrants/Reimbursements235,000.00-235.000.00-400.000.00-165,000.00-165,000.00InvestmentIncome7,000.00-1.902.75-1.902.75-7,000.00-7,257.72-257.72-257.72InterfundTransfersInBondProceeds10.985.51-10.985.51-330,985.51-330.985.51-330,985.51TotalRevEnue242,000.00-12,888.26-12,858.26-242,000.00-738,243.23-496,243.23-456,243.23AppropriationsContractual/ProfessionalServi101,088.008,225.688,225.68101,085.0032,656.1068.428.90-68,428.90Capital4.400,000.00292,885.01292,585.014.400.000.00471,859.473.928.100.53-3,028.100.53BondCostsTotalInterfundTransfersOutTotalAppropriations4.50i,085.00301,110.60301,110.694.501,085.00504,555.573,996,529.43-3.990,529.43RevenueOver/(Onder)Approp4,259.085.00288,222.43288,222.434,259,085.00233.687.66—4,492,772,66-4,492,772.66
gluserr&a2rbutlerTownofProsperPage811:4902/22/12Rev/ExpFundCategoryKept(3)Fund:PeriodEnding:1/2012AedountDesdriptidnCurrenti’urtentCurrentCurrentCu±èntCurre4tCurrentCirrentNumber‘tearMonthMonthMonthYTDY’I’VrrnRemainingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetECONOMICDEVELOPMENTCORPReVEDUCSSalesTax376,667,00-50,935.13-50,935.13-376,667.00—181,673,78-194,993.22194,993.22-InvestmentIncome20,000.00-.1,752.65-1,752.65-20.000.00-6,818.S0-13,181.5013,181.50-OtherIncOme21.44-21.44-5,396.24-5,396.24-5,396.24TotalRevenues396,667.00—52,709.22—52,709.22-396.667.00-193.888.52—202,778.48202,778.48-ppropriationsPersOnnel31,475.002,670.192,670.1931,475.0011,354.1720,120.63-20,120.63Maintenance&Supplies4,000.00106.91106.914,000.00158.683.841.32-3,841.32TownServices/Maintenance37,300.001,064.241,064.2437,300.0015,001.6322,298.37-22.298,37COntractual/PrbfCEsional5er’i87,450.006,188.226,188.2287,450.0017,801.6069,648.40-69,645.40Capital.28,433.0028,433.0028.433.00-InterfundTransferOutTOtalAppropriations160,225.0010,029.5610,029.56160,225.0072,749.2887,475.72-87,475.72RevenueOver/fonder)Approp236,442.00-42,679.66-42,679.66-236,442.00-121,139.24-115,302.75115,302.76-
PRt5°WFR“APLACEWHEREEVERYONEMAHERS”InvestmentPortfolioSummaryFortheQuarterEndedDecember31,2011PreparedByRonButlerComptrollerTownofProsper
TownofProsperQuarterlyInvestmentReportInvestmentOfficer&CertificationFortheQuarterEndedDecember31,2011ThisreportispreparedfortheTownofProsper(“Town”)inaccordancewithChapter2256ofthePublicInvestmentAct(“PFIA”),Section2256.023(a).ThePFIAstatesthat“Notlessthanquarterly,theinvestmentofficershallprepareandsubmittothegoverningbodyoftheentityawrittenreportoftheinvestmenttransactionsforallfundscoveredbythischapterfortheprecedingreportingperiod.”ThisreportissignedbytheTown’sInvestmentOfficersandincludesthedisclosuresrequir.dinthePFIA.MarketvalueswereobtainedfromTexPool,TexStar,andIndependentBankstatements.TheinvestmentportfoliocompliedwiththePFIAandtheTown’sapprovedInvestmentPolicyandStrategythroughouttheperiod.AllinvestmenttransactionsmadeintheportfolioduringthisperiodweremadeonbehalfoftheTownandweremadeinfullcompliancewiththePFIAandtheTown’sapprovedInvestmentPolicy.
TownofProsperQuarterlyInvestmentReportSummaryInformationFortheQuarterEndedDecember31,2011ThisreportispreparedfortheTownofProsper(‘Town”)inaccordancewiththeTownsInvestmentPolicyandreportingrequirements.InaccordancewiththeInvestmentPolicy,theTown’sInvestmentOfficershallprepareandsubmittothegoverningbodyoftheentityawrittenreportoftheinvestmenttransactionsforallfunds.ForthequarterendingDecember31,2011,theTownhasTwenty-Eight(28)accountswithatotalmarketvalueof$33,406,176.01andtotalinterestearnedontheseaccountsforthequarteris$40,013.33.TheTownhasacquiredfive(5)CertificateofDepositaccountsfromCollinBanktotaling$6.8milliondollarswithmaturitydatesrangingfromtwelve(12)monthstotwenty-four(24)months.Thedistributionofthesefundsareasfollows:GeneralFund-Parvalueandmarketvalueof$6,203,168.07.WaterSewerFund-Parvalueandmarketvalueof$8,017,104.64.I&SFund-Parvalueandmarketvalueof$1,709,864.83InternalServiceFund-Parvalueandmarketvalueof$71,950.50.StormDrainageFund-Parvalueandmarketvalueof$216,688.80.ParksFund-Parvalueandmarketvalueof$1,681,693.68.ImpactFeesFund-Parvalueandmarketvalueof$7,110,142.46.SpecialRevenueFund-Parvalueandmarketvalueof$2,436,289.47.CapitalProjectsFund-Parvalueandmarketvalueof$5,952,894.56.ThepurchasedateofallCertificatesofDepositsislistedbelowwithmaturitydateandpercentofinterestfortheCD.:Twelve(12)monthcertificatehasamaturitydateofJune10,2012earning0.85%interest.Twoeighteen(18)monthcertificateswithmaturitydatesofDecember10,2012andJune12,2013earning1.20%and1.15%interest.Twotwenty-four(24)monthcertificateswithmaturitydatesofJune10,2013andDecember10,2013earning1.40%and1.34%interest.Onethree(3)month$500,000CDmatured12/10/11earninginterestof$723.00.Onesix(6)month$600,000.00CDalsomaturedon12/10/11earninginterestof$2,107.60.Interestonthesematuritieswasreceivedandrecordedintheappropriatefunds.TheEconomicDevelopmentCorporationhasaccountswithtotalparandmarketvalueof$1,900,039.40andinterestearningsforthequarteris$5,004.15.EDChad$148,130.63inadditionsand$99,713.79inwithdrawalsforthequarter.Thecomposition,bysecuritytypes,forthesefundsis31%GovernmentPools,50%LocalBankdepositsand19%incertificatesofdeposit.Thisconsistof:24%isinTexStar,7%inTexPool,50%inthelocalbankand19%certificatesofdeposit.TexStarandTexPoolareTexasLocalGovernmentInvestmentPoolsandthecertificatesarewiththeCollinBankatFrisco,Texas.ThechangeinvaluefromOctober1,2011throughDecember31,2011forTheTownofProsperfundsis$12,065,751.60inadditionsand$8,202,581.44ofwithdrawals.Theseadditionsandwithdrawalsincludethemovementofthemoneyforpurchaseofthecertificateofdeposits.ThebreakdownperfundcanbefoundontheCHANGEINVALUEsheetoftheportfolio.
TheinvestmentportfoliocompliedwiththePFIAandtheTown’sapprovedInvestmentPolicyandStrategythroughouttheperiod.AllinvestmenttransactionsmadeintheportfolioduringthisperiodweremadeonbehalfoftheTownandweremadeinfullcompliancewiththePFIAandtheTown’sapprovedInvestmentPolicy.TheU.S.Treasuryyieldcurveispresentedonagraphtoserveasabenchmarkcomparison.
TownofProsperPortfolioCompositionDecember31,2011PortfolioCompositionByIssuerCD’s6,800,756TexStar8522036___—124%TexPool2,500,2317%Bank17,483,19350%
TownofProsper=FIXEDINCOMEDISTRIBUTIONDecember31,2011SummaryInformationTotalsTownofProsperParValue33,406,176.01MarketValue33,406,176.01AdjustedCost••NetGain/LossAnnualIncomeProsperEconomicDevelopmentParValue1,900,039.40MarketValue1,900,039.40AdjustedCostNetGain/LossAnnualIncomeCombinedTotalsParValue35,306,215.41MarketValue35,306,215.41AdjustedCostNetGain/LossAnnualIncome
TownofProsperDETAILOFSECURITYHOLDINGSAsofDecember31,2011SecurityDescriptionGeneralFundBank-PayrollBank-OperatingTexPoolTexSTARBank-FSABank-StateFinesBank-ClearingAccountMXSourceCreditCardCertificateofDepositCertificateofDepositWaterlSewerFundBank-OperatingBank-OperatingTexPoolCertificateofDepositCertificateofDepositCertificateofDepositCertificateofDepositInterest&SinkingFundBank-DebtPaymentsTexPoolCertificateofDepositCertificateofDepositCertificateofDepositInternalServiceFundBank-InternalServiceFundPurchasePurchaseParValuePriceCostStormDrainageFundBank-Operating903000750IndependentBank216,688.80100.00216,688.80216,688.80100.00216,688.801ParksFundBank-ParksDedication4000287IndependentBankBank-ParksImprovement4000287IndependentBankTexSTAR-ParkDedication1111TexStarTexSTAR-ParkImprovement1111TexStar_____________________________________________________ImpactFeesFundBank-Operating(Thoroughfare)4000253IndependentBank1,612,641.40100.001,612,641.401,612,641.40100.001,612,641.401Bank-Operating(Water)4000253IndependentBank474,105.61100.00474,105.61474,105.61100.00474,105.611Bank-Operating(Sewer)4000253IndependentBank337,211.62100.00337,211.62337,211.62100.00337,211.621TexPool-Operating(Thoroughfar439000002TexPool674,491.33100.00674,491.33674,491.33100.00674,491.331TexPool-Operating(Water)439000002TexPool849,582.23100.00849,582.23849,582.23100.00849,582.231TexPool-Operating(Sewer)439000002TexPool682,753.38100.00682,753.38682,753.38100.00682,753.381TexStar-Operating(Thoroughfar€1252TexStar1,180,267.44100.001,180,267.441,180,267.44100.001,180,267.441TexStar-Operating(Water)1252TexStar994,398.57100.00994,398.57994,398.57100.00994,398.571TexStar-Operating(Sewer)1252TexStar304,969.88100.00304,969.88304,969.88100.00304,969.8817,110,421.46100.007,110,421.467,110,421,46100.007,110,421.461.1600%1.1600%0.0871%0.0906%1.1600%1.1600%0.0000%0.0000%1.4000%1.2000%1.1600%0.1000%0.0871%0.7000%0.8500%1.2000%1.4000%1.1600%0.0871%0.7000%0.8500%1.2000%SecurityBookMarketMarketDaystoCUSIPInstitution________ValuePriceMaturityYid903000503IndependentBank12,628.92100.0012,628.9212,628.92100.0012,628.9214000238IndependentBank3,771,291.92100.003,771,291.923,771,291.92100.003,771,291.921439000002TexPool84,066.40100.0084,066.4084,066.40100.0084,066.4011111TexSTAR309,202.49100.00309,202.49309,202.49100.00309,202.491901002089IndependentBank13,559.11100.0013,559.1113,559.11100.0013,559.1114000246IndependentBank9,424.50100.009,424.509,424.50100.009,424.501903000412IndependentBank0.01100.000.01‘0.01100.000.011FSBMXAccount2,994.72100.002,994.722,994.72100.002,994.72124mosCollinBank1,000,000.00100.001,000,000.001,000,000.00100.001,000,000.0052618mosCollinBank1,000,000.00100.001,000,000.001,000,000.00100.001,000,000.003446,203,168.07100.006,203,168.076,203,168.07100.006,203,168.07903000750IndependentBank3,450,012.75100.003,450,012.753,450,012.75100.003,450,012.7513000889ProsperBank61,632.29100.0061,632.2961,632.29100.0061,632.291439000001TexPool4,703.44100.004703.444,703.44100.004,703.44112mosCollinBank500,756.16100.00500,756.16500,756.16100.00500,756.1616218mosCollinBank1,500,000.00100.001,500,000.001,500,000.00100.001,500,000.0034424mosCollinBank1,500,000.00100.001,500,000.001,500,000.00100.001,500,000.0052624mosCollinBank1,000,000.00100.001,000,000.001,000,000.00100.001,000,000.007118,017,104.64100.008,017,104.648,017,104.64100.008,017,104.644000311IndependentBank1,372,302.28100.001,372,302.281,372,302.28100.001,372,302.281439000005TexPool37,562.55100.0037,562.5537,562.55100.0037,562.55112mosCollinBank100,000.00100.00100,000.00100,000.00100.00100,000.0016218mosCollinBank100,000.00100.00100,000.00100,000.00100.00100,000.0034418mosCoIIinBank100,000.00100.00100,000.00100,000.00100.00100,000.005291,709,864.83100.001,709,864.831,709,864.83100.001,709,864.83901002089IndependentBank77,950.50100.0077,950.5077,950.50100.0077,950.5011.1600%1.1600%283,174.43100.00283,174.43283,174.43100.00283,174.4311.1600%161,155.62100.00161,155.62161,155.62100.00161,155.6211.1600%848,984.80100.00848,984.80848,984.80100.00848,984.8010.0906%388,378.83100.00388,378.83388,378.83100.00388,378.8310.0906%1,681,693.68100.001,681,693.681,681,693.68100.001,681,693.681.1600%1.1600%1.1600%0.0871%0.0871%0.0871%0.0906%0.0906%0.0906%
TownofProsperDETAILOFSECURITYHOLDINGSAsofDecember31,2011SecurityDescriptionSpecialRevenueFundBank-EscrowTexStarCapitalProlectsFundBank-2004BondTexPool-2004BondTexStar-2006BondTexStar-2008BondBank-2008BondBank-2010TaxNoteBank-2011RefindBondPurchasePurchaseParValuePriceCostEconomicDevelopmentBank-Operating(EDC)TexPool-EDCTexStar-EDCTOTALEDC4000238IndependentBank1897,528.01100.001,897,528.011,897,528.01100.001,897,528.011.1600%439000006TexPool1,323.32100.001,323.321,323.32100.001,323.3210.0871%1111TexStar1,188.07100.001,188.071,188.07100.001,188.0710.0906°k1,900,039.40100.001,900,039.401,900,039.40100.001,900,039.4035,306,215.4135,306,215.41•35,306,215.4135,306,215.41SecurityCUSIPInstitutionBookMarketMarketDaystoVakiePriceMaturity‘ileldTOTALTOWNOFPROSPER4000303IndependentBank1,464,947.37100.001,464,947.371,464,947.37100.001,464,947.371‘L1600%1111TexStar971,442.10100.00971,442.10971,442.10100.00971,442.1010.0906%2,436,389.47100.002,436,389.472,436,389.47100.002,436,389.474000329IndependentBank257,167.52100.00257,167.52257167.52100.00257,167.5211.1600%439000008TexPool165,748.16100.00165748.16165,748.16100.00165,748.1610.0871%2006TexStar900,595.90100.00900,595.90900,595.90100.00900,595.9010.0906%2008TexStar2.622,607.60100.002,622,607.602,622,607.60100.002,622,607.6010.0906%1000032845IndependentBank1.630,017.93100.001,630,017.931,630,017.93100.001,630,017.9311.1600%4000238IndependentBank55,926.62100.0055,926.6255,926.62100.0055,926.6211.1600°h4000238IndependentBank320,830.83100.00320,830.83320,830.83100.00320,830.8311.1600%5,952,894.56100.005,952,894.565,952,894.56100005,952,894.5633,406,176.01100.0033,406,176.0133,406,176.01100.0033,406,176.01TOTALTOWNOFPROSPER&EDC
TownofProsperCHANGEINVALUEFrom10101111to12131111SecurityDescriptionGeneralFundBank-PayrollBank-OperatingTexPoolTexSTARBank-FSABank-StateFinesBank-ClearingAccountMXSourceCreditCardCertificateofDepositCertificateofDepositWaterlSewerFundBank-OperatingBank-OperatingTexPoolCertificateofDepositCertificateofDepositCertificateofDepositCertificateofDepositInterest&SinkingFundBank-DebtPaymentsTexPoolCertificateofDepositCertificateofDepositCertificateofDepositInternalServiceFundBank-InternalServiceFundCIJSIPInstitution903000503IndependentBank4000238IndependentBank439000002TexPool1111TexSTAR901002089IndependentBank4000246IndependentBank903000412IndependentBankFSBMXAccount24mosCollinBank18mosCollinBank903000750IndependentBank3000889ProsperBank439000001TexPool12mosCollinBank18mosCotlinBank24mosCollinBank24mosCollinBank4000311IndependentBank439000005TexPool12mosCollinBank18mosCollinBank18mosCollinBank901002089IndependentBankMaturity0913011109130111AdditionsInterestAccwed12131/1112/31/11DateBookValueMarketValuePurchasesWithdrawalReceivedInterestBookValueMarketValueYield9,129.469,129.46887,502.32884,138.46135.60-12,628.9212,628.921.1600%3,365,715.083,365,715.085.714,559.105,318,952.949,970.68-3,771,291.923,771,291.921.1600%84045.4484,045.44--20.96-84,066.4084,066.400.0871%309,136.69309,136.69--65.80309,202.49309,202.490.0906%9,979.989,979.9818,102.2314,553.9935.8913,559.1113,559.111.1600%4,221.734,221.7320,176.3715,000.0026.40-9,424.509,424.501.1600%0.010.0129,849.4729,849.47-0.010.010.0000%3,201.533,201.537,060.007,266.81--2,994.722,994.720.0000%6/10/20131,000,000.001,000,000.00----1,000,000.001,000,000.001.4000%12/10/20131,000,000.001,000000.00----1,000,000.001,000.000.001.2000%5,785,429.925.785.429.926,677,249.496.269,766.6710,255.33-6,203,168.076,203,168.072,387,027.812,387.027.812,163,699.771,109,640.868,926.03-3,450,012.753,450,012.751.1600%61,616.7661,616.76--15.53-61,632.2961,632.290.1000%4,702.424,702.42--1.02-4,703.444,703.440.0871%6/10/2012500,756.16500,756.16----500,756.16500,756.160.8500%12/10120131,500,000.001,500,000.00.---1,500,000.001,500,000.001.2000%6/10120131,500,000.001,500,000.00----1,500,000.001,500,000.001.4000%12/12120131,000,000.001,000,000.00----1,000,000.001,000,000.001.3400%6,954.103.156,954,103.152,163,699.771,109,640.868,942.58-8,017,104.648,017,104.64400,950.93400,950.93988,473.6118,961.111,838.85-1,372,302.281,372,302.281.1600%37,553.9137,553.91--8.64-37,562.5537,562.550.0871%6/10/2012100,000.00100,000.00----100,000.00100,000.000.8500%12/10/2013100,000.00100,000.00----100,000.00100,000.001.2000%6/1212013100,000.00100,000.00----100,000.00100,000.001.1500%738,504.84738,504.84988,473.6118,961.111,847.49-1,709,864.831,709,864.8349,9643349,964.3344,145.0016,379.36220.53-77,950.5077,950.501.1600%StormDrainageFundBank-Operating903000750IndependentBank189,716.70189,716.7043,361.7816,889.15499.47-216,688.80216,688.801.1600%SpecialRevenueFundBank-EscrowBank-EscrowCapitalProjectsFundBank-2004BondTexPool-2004BondTexStar-2006BondTexStar-2008BondBank-2008BondBank-2010TaxNoteBank-2011RefindBond4000287IndependentBank1111TexSTAR4000303IndependentBank1111TexSTAR4000329IndependentBank439000008TexPool2006TexStar2008TexStar1000032845IndependentBank4000238IndependentBank4000238IndependentBank-257,167.52257,167.521.1600%-165,748.16165,748.160.0871%-900,595.90900,595.900.0906%-2.622,607.602,622,607.600.0906%1.630,017.931,630,017.931.1600%55,926.6255,926.62320,830.83320,830.83-5,952,894.565,952,894.56-33,406.176.0133,406,176.01ParksFundBank-Parks&RecreationBank-Parks&RecreationImpactFeesFundBank-Operating(ImpactFees)4000253IndependentBankTexPool-Operating(ImpactFees)439000002TexPoolTexStar-Operating(lmpactFees)1252TexStar312,073.03312,073.03133,574.832,363.171,045.36-444,330.05444,330.051.1600%1,237,094.971,237,094.97--268.66-1,237,363.631,237,363.630.0906%1,549,168.001.549,168.00133,574.832,363.171,314.02-1,681,693.681,681,693.682,199,230.092,199,230.09545,895.00327,949.756,783.29-2,423,958.632,423,958.631.1600%2.206,323.832.206,323.83--503.11-2,206,826.942.206,826.940.0871%2.479,095.952.479,095.95--539.94-2.479,635.892,479.635.890.0906%6,884,649.876.884.649.87545,895.00327,949.757,826.34-7,110,421.467,110,421.461,022,248.491,022,248.49738,385.12299,225.003,538.76-1,464,947.371,464,947.371.1600%971,228.26971,228.26--213.84-971,442.10971,442.100.0906%1,993,476.751,993,476.75738,385.12299,225.003,752.60-2.436,389.472,436,389.47TOTALTOWNOFPROSPER256,423.53256,423.53--743.99165,710.27165,710.27--37.89900,399.80900,399.80--196.102,622,036.532,622,036.53--571.071,357,482.211,357,482.21400,000.00130,439.372,975.0955,926.6255,926.62-----330,967.0010,967.00830.835,357,978.965,357,978.96730,967.00141,406.375,354.9729,502,992.5229,502,992.5212,065.751.608,202,581.4440,013.33
TownofProsperCHANGEINVALUEFrom10101111to12131111SecurityMaturity09/3011109/30/11AdditionsInterestAccwed12)31/1112)31/11DeSCflDtIOnCIJSIPInstitutionDateBookValueMarketValuePurchasesWithdrawalReceivedestBookValueMarketValueYieldEconomicDevelopmentBank-Operating(EDC)4000238IndependentBank1844.107.191,844.107.19148,130.6399,713.795,003.981,897,528.011,897,528.011.1600%TexPool-EDC439000006TexPool1,323.311,323.31--0.01-1,323.321,323.320.0871%TexStar-EDC1111TexStar1,187.911,187.91--0.16-1,188.071,188.070.0906%TOTALEDC1.846,618.411,846,618.41148,130.6399,713.795,004.15-1,900,039.401,900,039.40TOTALTOWNOFPROSPER&EDC31,349,610.9331.349.610.9312,213,882.238,302,2952345,017.48-35.306,215.4135,306,215.41
EndingSoldInterestEarnedAccruedInterestReceivedInterestInterestAdjustedEarnedIncomeYieldStormDrainageFundBank-Operating903000750IndependentBank--499.47499.47--499.471.1600%ParksFundBank-Parks&RecreationBank-Parks&RecreationImpactFeesFundBank-Operating(ImpactFees)SpecialRevenueFundBank-EscrowBank-EscrowCapitalProjectsFundBank-2004BondTexPool-2004BondTexStar-2006BondTexStar-2008BondBank-2008BondBank-2010TaxNoteBank-2011RefindBond4000287IndependentBank1111TexSTAR4000253IndependentBankTexPoolTexStar4000303IndependentBank1111TexSTAR1045.36268.661,314.026,783.29503.11539.947,826.343,538.76213.843,752.601,045.36268.661,314.026,783.29503.11539.947,826.343,538.76213.843,752.60-6,783.29503.11-539.94-7,826.34-3,538.76-213.84-3,752.601.1600%0.0906%TownofProsperEARNEDINCOMEFrom10101111to12131111InstitutionPurchasedInterestAccruedInterestSecurityDescriptionGeneralFundBank-PayrollBank-OperatingTexPoolTexSTARBank-FSBBank-StateFinesMXSourceCreditCardCertificateofDepositCertificateofDepositWaterlSewerFundBank-OperatingBank-OperatingTexPoolCertificateofDepositCertificateofDepositCertificateofDepositCertificateofDepositInterest&SinkingFundBank-DebtPaymentsTexPoolCertificateofDepositCertificateofDepositCertificateofDepositInternalServiceFundBank-InternalServiceFund-135.60135.60-135.601.1600%-9,970.689,970.68-9,970.681.1600%-20.9620.96-20.960.0871%-65.8065.8065.800.0906%35.8935.8935.891.1600%-26.4026.40-26.401.1600%0.0000%9030005034000238439000002•11119010020894000246FSA24mos18mos903000750300088943900000112mos18mos24mos24mos400031143900000512mos18mos18mosIndependentBankIndependentBankTexPoolTexSTARIndependentBankIndependentBankMXAccountCollinBankCollinBankIndependentBankProsperBankTexPoolCollinBankCollinBankColIinBankCollinBankIndependentBankTexPoolCollinBankColIinBankCollinBank-10,255.3310,255.33--10,255.338,926.038,926.03-8,926.031.1600%15.5315.53-15.530.1000%1.021.02-1.020.0871%8,942.588,942.58--8,942.58901002089IndependentBank-1,838.851,838.85--1,838.851.1600%-8.648.64--8.640.0871%1,847.491,847.49--1,847.49220.53220.53--220.531.1600%TexPool-Operating(ImpactFees)439000002TexStar-Operating(ImpactFees)1252000--1,045.36--268.66--1,314.021.1600%0.0871%0.0906%1.1600%0.0906%1.1600%0.0871%0.0906%0.0906%1.1600%4000329IndependentBank--743.99743.99-743.99439000008TexPool-37.8937.89-37.892006000TexStar--196.10196.10-196.102008000TexStar571.07571.07-571.071000032845IndependentBank--2,975.092,975.09-2,975.094000238IndependentBank---4000238IndependentBank--830.83830.83830.83--5,354.975,354.97--5,354.97--40,013.3340,013.33--40,013.33TOTALTOWNOFPROSPER
SecurityDescriptionEconomicDevelopmentBank-Operating(EDC)TexPool-EDCTexStar-EDCTOTALEDCPurchasedInstitutionifl1rstAdjustedEarnedcomeTownofProsperEARNEDINCOMEFrom10101111to12131111EndingSoldInterestEarnedAccruedInterestReceivedInterestInterestTOTALTOWNOFPROSPER&EDCAccruedInterest4000238IndependentBank-5,003.985,003.985,003.981.1600%439000006TexPool--0.010.01--0.010.0871%1111000TexStar0.160.16-0.16--5,004.155,004.15--5,004.15--45,017.4845,017.48--45,017.48
U.S.TreasuryYieldCurveasBenchmarkDecember30,2010versusDecember30,20115.00%4.00%-3.00%a)2.00%1.00%0.00%3month6month1year2year3year5year10year30year30-Dec.-100.12%0.19%I0.29%0.61%1.02%2.01%3.30%4.34%30-Dec.-110.02%0.06%0.12%0.25%0.36%0.83%1.89%2.89%Maturity30-Dec-1O30-Dec.-11Source:U.S.Treasury
Page 1 of 2
To: Mayor and Town Council
From: Mike Land, Town Manager
Re: Town Council Meeting – Tuesday February 28, 2012
Date: February 23, 2012
Agenda Item:
Conduct the first of two Public Hearings regarding the adoption of three (3) proposed Strategic
Partnership Agreements with Denton County Fresh Water Supply District No. 10., to authorize,
among other things, the limited purpose annexation of certain property within Denton County
Freshwater Supply District #10 by the Town of Prosper pursuant to the provisions of Section
43.0751, Texas Local Government Code, as amended.
Description of Agenda Item:
On Tuesday, December 13, 2011, the Town of Prosper entered into an Agreement with 166
Bryan Road Partners, LP for the Reduction of the Extraterritorial Jurisdiction (“Release
Agreement”). Included in that agreement is reference to the Town entering intoStrategic
Partnership Agreements between the Town and the Denton County Fresh Water District No. 10,
within one hundred and twenty (120) days of the execution of the Release Agreement (“SPA
Agreements”). These SPA Agreements address the collection of sales tax and its distribution in
commercial areas located within the District.
Recall that the three parcels being considered are located: 1) in the northwest quadrant of the
intersection of Hwy 380 and FM 1385 (Valero), 2) the southwest quadrant of the intersection of
FM 1385 and Bryan Rd., and 3) the northeast quadrant of the intersection of Fishtrap Rd. and
Teel Pkwy.
This is the first of two required public hearings.
There is an issue with the Valero tract that the Town Attorney, the District’s Attorney and the
staff’s of both the Town and Little Elm are working through. In summary:
• March 5, 2002—Prosper entered into an agreement with Denton County FWSD #10 and
Valerian Properties to release portions of Prosper’s ETJ. The released territory includes
the property previously discussed and referred to as “Comanche Ridge” and property
located in the northwest quadrant of the intersection FM 1385 and US 380 (for purposes
of this email the “Valero Tract” and the area currently known as Savannah).
• August 2005—Prosper and Little Elm entered into a Boundary Adjustment Agreement
whereby it appears the Valero Tract was released by Prosper to Little Elm. The area
also included the previously released property as described in the first bulleted
description.
• October and November 2005—Little Elm and Denton County FWSD #10 entered in an
ILA regarding services to Denton County FWSD #10 pursuant to a previously agreed
upon Development Agreement. A term of this ILAstated that “the Town (Little Elm) will
Prosper is a place where everyone matters.
ADMINISTRATION
Page 2 of 2
take no action that will result in the expansion of the Town’s ETJ to include any portion
of the Released District 10 Land.” The term of this agreement is 50 years.
• November 15, 2005—Little Elm Ordinance No. 739 releases portions of Little Elm ETJ
pursuant to a petition from Denton County FWSD #10. The release includes the Valero
Tract.
• November 16, 2005—Little Elm and Denton County FWSD #10 enter into a SPA for the
various commercial properties which does not include the Valero Tract.
For the purposes of the public hearing process, the Prosper Town Council should continue the
public hearing process as advertised for all three SPA agreements. All parties will continue to
work together over the next several weeks to clarify the status of the Valero Tract and determine
if any other course of action should be taken as a result of the cumulative effect of all the
previous agreements. Denton County FWSD #10 has already conducted their public hearings
and adopted the three SPA Agreements, which is required by statute.
Budget Impact:
NA
Legal Obligations and Review:
The language in the Strategic Partnership Agreements was developed by Courtney Kuykendall,
the Town’s Attorney.
Attached Documents:
1. Copy of the three Strategic Partnership Agreements between the Town of Prosper and
the Denton County Fresh Water District No. 10.
Town Staff Recommendation:
Town staff recommends that the Town Council open the first of two Public Hearings for the
adoption of three (3) proposed Strategic Partnership Agreements with Denton County Fresh
Water Supply District No. 10., pursuant to the provisions of Section 43.0751, Texas Local
Government Code as amended.
Page 1 of 1
To: Mayor and Town Council
From: Karen Gill, Assistant to the Town Manager
CC: Mike Land, Town Manager
Re: Town Council Meeting – Revised Information on Benefit Consultant
Selection
Date: 02-24-2012
The Staff Report and any supporting documents will be provided to you at or before the
February 28, 2012 Town Council Meeting. This is in effort to review and clarify
information regarding the Benefit Consultant Selection.
Prosper is a place where everyone matters.
Page 1 of 1
To: Mayor and Town Council
From: Michael Bulla, CIP Project Manager
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Mike Land, Town Manager
Re: Town Council Meeting – February 28, 2012
Date: February 20, 2012
Agenda Item:
Capital Improvement Projects Update.
Description of Agenda Item:
Provide a Capital Improvement Program Project update to Town Council.
Budget Impact:
N/A
Legal Obligations and Review:
N/A
Attached Documents:
N/A
Town Staff Recommendation:
N/A
Prosper is a place where everyone matters.
ENGINEERING
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
Wade Harden, Senior Parks and Recreation Planner
Re: Town Council Meeting – February 28, 2012
Date: February 23, 2012
Agenda Item:
Consider and act upon a site plan for Windmill Playground and associated improvements.
Description of Agenda Item:
At the December 13, 2011 Town Council Meeting, the Council approved a professional services
agreement with Jacobs Engineering for the layout and grading plan for the Frontier Park
Improvements. These improvements include a pavilion structure, amphitheater area, Windmill
Playground, and a splashground. During the design of the layout, the Parks & Recreation
Board and Town staff made comments about raising the pavilion structure above the existing
grade, to create a hill for children to play on, and to look into options for the location of the
approved restroom facility. Also, an alternative location for the splashground was discussed.
The conceptual ideas have been completed by Jacobs Engineering and before proceeding with
construction, Town staff requests approval from the Town Council on a site plan for Windmill
Playground and associated improvements. Two options are attached to this report for council
consideration.
• Design Option A: Splashground located as a focal point from the entry of the pavilion
away from the playground.
• Design Option B: Splashground located adjacent to Windmill Playground away from the
pavilion.
Attached Documents:
• Design Option A
• Design Option B
Parks and Recreation Board Recommendation (PARBd):
At the February 9, 2012 PARBd meeting, the Board motioned to approve the plan with
revisions, relocating the bathroom making it less prominent upon entry to the playground and
keeping the splashground adjacent to Windmill Playground. (Design Option B). The motion
was approved by a vote of 5-0.
PARKS &
RECREATION
Prosper is a place where everyone matters.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends the Town Council give direction to staff in the form of a motion:
Option #1 (Design Option A)
Motion to approve the site plan for Windmill Playground and associated improvements as
depicted in Design Option A.
Option #2 (Design Option B)
Motion to approve the site plan for Windmill Playground and associated improvements as
depicted in Design Option B.
Option #3 (Alternative Design Option)
Motion to approve a site plan for Windmill Playground and associated improvements with the
following revisions: (council can make any comments/changes to any of the options provided)
Playground & Splash Ground
Page 1 of 2
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Wade Harden, Senior Parks and Recreation Planner
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – February 28, 2012
Date: February 22, 2012
Agenda Item:
Consider and act upon the expenditure of Park Improvement Funds for the purchase and
installation of a splashground at Frontier Park.
Description of Agenda Item:
During the design day process for Windmill Playground a reoccurring theme from the school
children was the need for water features. Leather’s & Associates did provide water misters in
the playground design to address the input received.
Following the playground design the Parks & Recreation Board (PARBd) discussed the options
of adding a splashground as part of the overall development plan. The Parks, Recreation and
Open Space Master Plan targets a splashground when the Town reaches 15,000 in population.
With the direction from the PARBd Town staff evaluated various options and solicited quotes
from splashground equipment manufacturers.
The two design options evaluated by staff include a flow-thru system and a recirculation system.
The recirculation system operates in a similar manner to a swimming pool. The water is utilized,
captured in a tank, treated and re-used. A flow-thru system utilizes the water once and then is
drained off site. In this case the water would be drained into the irrigation pond and utilized for
irrigation. The estimates for usage over a summer month are approximately 40,000 gallons.
Due to the location of the splashground being on the end of the waterline, a flow-thru system
would provide benefit to the Town’s water system which currently requires flushing at an
average of 235,000 gallons a month. The splashground could be utilized to keep the required
chlorine residuals in balance at Frontier Park until such time as the water system was extended
and looped. At that time Town staff will reevaluate the use of a recirculation system.
Budget Impact:
It is recommended that the $96,000 be funded by the 2008 CO Bonds. With the approval of the
parking lots spaces at Cockrell Elementary and improvements/remediation at Preston Lakes
Park, there is not enough Park Improvement Fees.
PARKS &
RECREATION
Page 2 of 2
Legal Obligations and Review:
N/A
Attached Documents:
• Splashground Photo
• Sample Design Elements (2 pgs.)
Parks and Recreation Board Recommendation (PARBd):
At the October 13, 2011 PARBd meeting, the Board motioned to approve the expenditure of
Park Improvement funds in an amount not to exceed $96,000 for the construction of a
splashground. The motion was approved by a vote of 5-0.
Town Staff Recommendation:
Town staff recommends the Town Council approve the expenditure of 2008 CO Bond Funds not
to exceed $96,000 for the purchase and installation of a splashground at Frontier Park.
Playground & Splash Ground
Page 1 of 3
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Wade Harden, Senior Parks and Recreation Planner
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – February 28, 2012
Date: February 22, 2012
Agenda Item:
Consider and act upon improvements to Preston Lakes Park.
Description of Agenda Item:
Preston Lakes Park is best classified as an undeveloped 3.2 acre neighborhood park located
south of Prosper Trail within the Preston Lakes subdivision. The location is somewhat unique in
that the property was accepted by the Town to fulfill the public parkland dedication for the
development, though it is to be maintained in perpetuity by the Homeowners’ Association. At
the time of acceptance the Town Council had concerns maintaining the location due to its use
as a dumping ground. The proposal is to consider remediating the soil and provide additional
improvements to the site.
The Town’s Parks, Recreation & Open Space Master Plan describes a neighborhood park as a
location with the following characteristics –
• Generally 5-10 acres in size serving no more than 3,000-4,000 residents.
• Main St. Park & Hays Park are examples of existing neighborhood parks less than 5
acres in size.
• Ideally located within ¼ mile of these residents (up to ½ mile)
• Main St. Park & Hays Park are examples of existing neighborhood parks less than 5
acres in size.
• Frequently adjacent to Elementary & Middle Schools.
• Generally located away from major arterials.
Typical improvements within a neighborhood park included the following –
• Playground equipment
• Practice fields
• Basketball goals
• Active areas for unorganized play
• Picnic areas
• Jogging & exercise trails
• Security lighting
• On or off street parking (up to 5 spaces for the first three acres, 1 space for each
additional acre)
PARKS &
RECREATION
Page 2 of 3
The proposed improvements for Preston Lakes Park include a playground for ages 2-5 and 5-
12, three park benches, two trash receptacles, and a loop trail with connections to Prosper Trail
hike & bike trail. Soil remediation is also proposed as part of the project. The remediation plan
includes the removal of the top three feet of debris from the site, compacting disturbed soil, and
grading the site back to similar grade. Debris protruding into the top three feet from depths
beyond three feet will be removed as well. Upon completing the grading irrigation would be
reinstalled in a manner that provides adequate coverage for the site.
If the Council chooses to approve the improvements in excess of the soil remediation and
irrigation work an agreement is recommended to clarify the responsibilities of the Homeowners’
Association and the Town. This agreement would be brought before the Council in the near
future if Town staff is directed to proceed with these improvements. The deal points of the
agreement would be as follows:
• HOA continues to maintain property.
• Town responsible for the maintenance of the improvements.
• Town provides water used to irrigate the property.
• HOA maintains the irrigation system
Budget Impact:
The total cost of the improvements complete and in place is $206,910. The remediation and
irrigation work is $78,500.
Improvement Cost
Soil Remediation $ 48,500
Irrigation / Seed $ 30,000
Perimeter Loop Trail $ 35,500
Playground Equipment $ 65,000
Playground Containment Edge/Surface $ 12,500
3 Park Benches $ 6,600
2 Trash Receptacles $ 3,310
Drinking Fountain $ 5,500
TOTAL $206,910
The Park Improvement Fund balance is $129,868 including the approval of the reimbursement
to the PISD for the parking lot at Cockrell Elementary. Approving any combination of
improvements with a cost over $129,868 will require a budget amendment that could be
considered by the Town Council at the March 13, 2012 Town Council Meeting.
Legal Obligations and Review:
N/A
Attached Documents:
• Preston Lakes Plat
• Site Plan
• Soils Report
• Playground Rendering
Page 3 of 3
Parks and Recreation Board Recommendation (PARBd):
At the January 20, 2011 PARBd Meeting, the Board motioned to approve the playground
improvement with the removal of the drinking fountain. The motion was approved by a vote of 6-
1 with Board member Mike Hamilton voting against the motion. The intent of the motion is to
approve the plan as submitted with exception to the drinking fountain.
Town Staff Recommendation:
Town staff recommends the Town Council give direction to staff in the form of a motion:
Option #1 (PARBd recommendation - $201,410)
Motion to approve the expenditure of park improvement funds in the amount $129,868
request staff prepare a budget amendment in an amount not to exceed $71,542 for
improvements to Preston Lakes Park that include the soil remediation, irrigation,
playground and associated improvements, three park benches, two trash receptacles,
and loop trail.
Option #2 (Approve all proposed improvements - $206,910)
Motion to approve the expenditure of park improvement funds in the amount $129,868
request staff prepare a budget amendment in an amount not to exceed $77,042 for
improvements to Preston Lakes Park that include the soil remediation, irrigation,
playground and associated improvements, three park benches, two trash receptacles,
loop trail, and drinking fountain.
Option #3 (Remediation, Irrigation & Loop Trail - $114,000)
Motion to approve the expenditure of park improvement funds in an amount not to
exceed $114,000 for improvements to Preston Lakes Park that include the soil
remediation, irrigation, and loop trail.
Option #4 (Remediation & Irrigation - $78,500)
Motion to approve the expenditure of park improvement funds in an amount not to
exceed $78,500 for improvements to Preston Lakes Park that include the soil
remediation, irrigation, playground and associated improvements, three park benches,
two trash receptacles, loop trail, and drinking fountain.
Option #5 (No Improvements - $ -0-)
Motion to make no improvements to Preston Lakes Park.
Bridgeport Drive Sidewalk
Connection & Park Sign
[
PRESTON LAKES PARK IMPROVEMENTS
OPTION #1
PROPOSED IMPROVEMENTS
cn o 6
R
N OW m A ov
l H60a53ar,e CO E., 43 q o, .- s
w n
a ',
0 d ° V4.2
w ,).
crrcox / K N N2a.4 am U wQr !!
m2o
r U z7aF0 ,,,7-:
1,t,;,,,,-,
2
4caromzE—
2
c2%
3
U
U,tt' 14
e+a. p J g.4 eg'"
4' wJ J- Q'Zo
i
ak
is riRU fQ@'N"'-
Yd
p z i Q'xoXi
8 9n kf `-_-, 4, rW` ZQ m >F
S V. :. SY €
ni? , tt t <%§'' *1 4 E4 W N cp
it xa ,n b , co o
6,„ aanux gl[s y t @ ru
4 ik k W',{''"- vos
1;
Y,'i F ,i Lug 62//4 • ' 12 at il,---8 U III r 4; ;4 h ,a y
z 1° 'wB 'o oSk ' } - 3 '' s
It
Ni
aa,,, . l "'+1 •8 h
F M ,i'i '.. ,_ • e S y a iiu
N Pa
wa
4 mKwY k la°
ate'`
@al "
I e a ria•- - I ezec ''fin„ 2` S°r #$
b .»,. ®
r"
ry
a.
V .war Iq `, r °o,,
a
bx9
sf P k, i s
qt!' r ;;ii lA S ZA
b d; a,
Po-''. ;'tamoo .t y -
1 9 r
h f
n)€
a r—` 1
q 'n g.°'
N
e.,"../,Ti '.tip , W k - , 9 ,6 t 4, ' y+66 7,
jCO
g :
U~ . J 4' `s2/,' k4 ;1. ")ja .4 ) •I R
SN °> n'---s_gd9 • +n+b i 'k 4'
r
w 5 ct '
e '
m". `!1 1fr A" _
l•
a1 ' • .
o L 4 Nb 7,-4-4N:k @ )
o
a ya g d 4 r;
t{'
I
r' F p' <Y I ak S o 0
1 -`VI - " 4 8 "
0"- '-' b$'' _
I .
u! Je \, ,tR , Q
R^ ® 4 .§8 m
sl't''. , w o- r , E s I,
I
4./ g,6° y , 1l
I m• - s +er 5
11
a
In
N`
y
u
Q
A .z S s g 4 Im, e w` i
m' 4' 4,'
IY ° , 4 W o
E
a:' s f i. iv `1 4 .
s `° * t w 1', OI
4,r .; ® a ,
0s
4 <` wwg E3 g c'
i y
V
G
@
c
x V W a )'Cl, I kilt D 4 Y 4,4 § 9 ~ RY4'.‘44' jgu
I ° y/
t4
c F EE.g3c` g :._ g
Q ` R a t'dof .., /Aia ti4-';
F YFU
g '
4
a yd ` j e, V--\ - 60 •, L7:
o
p
4 `
aomlr,uo 4e • eo gR
R3:•2gd ,
o
i,.
r aazE I °
5iR2 `U s d m a'30 ry , r SSf ..p / o xsio Y
A
N i€
K! ly8 1y , £,
c '•
0 q
RI@CO .' ,
br/
f ep .r ii
s4/ .
y4R i
4as
11: S
Y
s0 2' r 4..a\' E¢ e a 7,,;')-'. P
x T ,,7@> '_ ;" ' M 4 R ER r,
4 o
If F
R
a a s
AA,t` A R `' I p
v/
S tli
I,,
W
r/' p[$, ,' . M,s, 8
p
h 1
9
g
a
g
g ,D $
ag.
v
414
I[ ;ASS 4 i
41
n a a
u'i
p; 9
j.,
R ' 'x M'2r '
1 4. / , .e an Jf b 1 a,
it b,
n $,mrla a ,.,. a"
a
JO'a. 'a„sg et cam w [51 I1
a4
nl
m' agg
o
r
3 sot
YY In c R e .
aav'.as •
tI .2• 6 oz r.i giLii
0
ice t . « Jtil R/„ a ,v ba • 4„ jr5 _µ
s!
nam'
na
m.m y
4 rlq s• 44 eCCeC
ass
a - xermn'
r1 •,'
ZISON Call a:a-%. .k 8h a.
I0- .i_..._, ' 0
x
MdM3}'y IIR00' rim._
Zp
3 a" nxrva'-nom., .-
R Karl.Dalton&
s;*
AB g
W ak'" Z'-
dtd----rA.a
A D y b
tW -
Te, m
5 Vol.Arthur
f233D
p on12D c.:'p ." •.
p v
B
q 0 q 0
t q t-16 zr1II r
pm— ..
1 ,N
g R--_ _ _ M dd'.lY I IIRL
m KM
a
asF
Cli
gEoF
fir we,
O @
v
Ito d
Page 1 of 2
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Mike Land, Town Manager
Re: Town Council Meeting – February 28, 2012
Date: February 23, 2012
Agenda Item:
Consider and act upon an agreement with the North Central Texas Council of Governments for
the external water and sewer line protection program.
Description of Agenda Item:
In response to local entities’ interest in a service line warranty program, NCTCOG issued a RFQ
among four leading utility line providers. The review committee, comprised of five NCTCOG
member cities representing various populations within our region, unanimously selected Utility
Service Partners, Inc. (USP) as the preferred service provider. Last fall, USP teamed with the
National League of Cities (NLC) to create the NLC Service Line Warranty Program. USP has
been endorsed by NLC is an NLC Enterprise Program partner.
On January 27, 2011, the NCTGOG's Executive Board voted to adopt a shared services
agreement with USP to allow member cities to participate through an interlocal agreement.
Participation by each city is strictly voluntary.
Residents who have not set aside money to pay for an unexpected utility line repair now have
an opportunity to obtain a warranty that will provide repairs for a low monthly fee, with no
deductibles or service fees. The work is performed by licensed, local plumbers who will call the
customer within one hour of filing a claim. The repair is performed professionally and quickly,
typically within 24 hours. USP provides a personally staffed 24/7 repair hotline for residents, 365
days a year.
Budget Impact:
N/A – The program has an option to generate revenue to the Town from premiums, but Town
staff requested to participate in the program that provides a discounted rate to residents.
Legal Obligations and Review:
N/A
Attached Documents:
ILA with NCTCOG
FAQ’s regarding the program
Letter from the National League of Cities endorsing USP
Prosper is a place where everyone matters.
Administration
Page 2 of 2
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
Town staff recommends that the Town Council
“Move to approve an agreement with the North Central Texas Council of Governments for
the external water and sewer line protection program.”
Interlocal Agreement - 2/23/2012
INTERLOCAL AGREEMENT FOR A COOPERATIVE PROGRAM FOR SERVICE LINE PROTECTION PROGRAMS
THIS INTERLOCAL AGREEMENT (“Agreement”), made and entered into pursuant to the Texas Interlocal
Cooperation Act, Chapter 791, Texas Government Code (the “Act”), by and between the North Central Texas
Council of Governments, hereinafter referred to as “NCTCOG,” having its principal place of business at 616 Six
Flags Drive, Arlington, Texas 76011, and the Town of Prosper a local government, as defined in the Act (a county, a
municipality, a special district, or other political subdivision of the State of Texas), hereinafter referred to as
“Participant,” created and operated to provide one or more governmental functions and services, and having its
principal place of business at 121 West Broadway, Prosper, Texas 75078.
W I T N E S S E T H
WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating
under Chapter 391, Texas Local Government Code; and
WHEREAS, NCTCOG has performed the due diligence process for a Water Service Line Protection Program for
local municipalities; and
WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental
functions and services; and WHEREAS, in reliance on such authority, NCTCOG has a cooperative program under which it contracts with
eligible entities under the Act; and
WHEREAS, Participant has represented that it is an eligible entity under the Act, that by Administrative Action has
authorized this Agreement on February 28, 2012, and that it desires to contract with NCTCOG on the terms set forth
below; and
WHEREAS, NCTCOG’s Executive Board approved a resolution to provide these services through interlocal
agreements at its January 27, 2011 board meeting;
NOW, THEREFORE, NCTCOG and the PARTICIPANT do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Act
because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special
district, or other political subdivision of the State of Texas) or any other state, or a combination of two or more of
those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas
Government Code, or a similar agency of another state), or a non-profit corporation created and operated to provide
one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this
Contract.
ARTICLE 2: APPLICABLE LAWS
NCTCOG and the Participant agree that this Agreement shall be governed by and subject to all applicable state and
federal laws, statutes, rules and regulations in effect or promulgated during the term of this Agreement, whether or
not cited herein, including the Texas Interlocal Cooperation Act, Chapter 791 of the Texas Government Code...
ARTICLE 3: WHOLE AGREEMENT
This Agreement and any attachments, as provided herein, constitute the complete contract between the parties hereto
regarding the subject matter herein described, and supersede any and all prior oral and written agreements between
the parties relating to the matters set forth herein.
ARTICLE 4: MASTER CONTRACT
NCTCOG AND Utility Service Partners Private Label, Inc. (“USP”) have entered into a Master Contract
calling for USP to provide line repair coverage to homeowners residing within the jurisdiction of the
Participant for water lines and sewer lines as part of a protection program. Furthermore it is anticipated
that USP will enter into Letters of Engagement with subscribing Participants outlining the services to be
Interlocal Agreement - 2/23/2012
provided to the citizens of Participant. The initial term of the Master Agreement is three (3) years with a
maximum of three (3) one (1) year renewals for a total, maximum term of six (6) years. NCTCOG shall act as
a facilitator only with regard to the program, it being understood that the direct contractual relationship
between USP and the Participant shall control the nature and extent of services to be provided. NCTCOG
shall have no direct contractual relationship with Participant regarding this service other than to facilitate
the program.
Participants will be entitled to receive a portion of the revenues received by USP from citizens within their
jurisdiction as more fully described in the Master Contract and the Letters of Engagement. No payments will be
made by NCTCOG to the Participant or from the Participant to NCTCOG.
ARTICLE 5: ELECTION TO PARTICIPATE/TERMINATION.
By electing to execute this Agreement Participant acknowledges that it is subscribing to this service with USP for
the term and upon the conditions set out in the Letter of Agreement and the adjoining Master Contract. NCTCOG
and Participant may terminate this Agreement for any reason upon thirty (30) days prior written notice to the other.
ARTICLE 6: CHANGES AND AMENDMENTS
This Agreement may be amended only by a written amendment executed by both parties, except that any
alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and
State law or regulations are automatically incorporated into this Agreement without written amendment hereto an d
shall become effective on the date designated by such law or regulation.
THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS
FOLLOWS:
*Denotes required fields
NOTE: Facsimile copies of this document will not be acceptable as ORIGINALS.
Town of Prosper, TX
Name of Participant (local government, agency, or non-profit
corporation)
* P.O. Box 307
Mailing Address
* Prosper TX 75078
City State ZIP Code
*By:
Signature of Authorized Official
* Ray Smith
Typed Name of Authorized Official
* Mayor
Typed Title of Authorized Official Date
North Central Texas Council of Governments
616 Six Flags Drive, Arlington, Texas 76011
*By:
Signature of Authorized Official
*
Typed Name of Authorized Official
*
Typed Title of Authorized Official Date
PROGRAM DESCRIPTION
The NLC Service Line Warranty program is designed to assist cities in
providing their residents with protection against the high cost of
broken or leaking external water and sewer lines on their property.
The NLC Service Line Warranty Program (administered by Utility
Service Partners, Inc. (“USP”) provides affordable service line
warranties to homeowners with 24 hour/7 day a week service.
BACKGROUND
NORTH CENTRAL TEXAS COUNCIL OF
GOVERNMENTS SHARED SERVICES AGREEMENT
In response to local entities’ interest in a service line warranty
program, NCTCOG issued a RFQ among four leading utility line
providers. The review committee, comprised of five NCTCOG member
cities representing various populations within our region, unanimously
selected Utility Service Partners (USP) as the preferred service provider.
On January, 27th 2011, the NCTGOG Board voted to adopt a shared
services agreement with USP to allow member cities to participate
through an interlocal agreement. Participation by each city is
strictly voluntary.
NLC SERVICE LINE WARRANTY PROGRAM
Last fall, USP teamed with the National League of Cities (NLC) to
create the NLC Service Line Warranty Program. USP has been
endorsed by NLC as a NLC Enterprise Program partner.
“We believe the NLC Service Line Warranty Program provides a unique
service to cities and residents, combining an efficient solution for
homeowners while providing a source of additional income for cities.
USP has a proven track record of customer satisfaction and we are
delighted to be working with them,” added Donald J. Borut, Executive
Director of the National League of Cities.
How long has Utility Service Partners been in business?
The company was originally formed in 1998 within Columbia Energy
to provide service line warranties for its utility customers. USP was
formed in September 2003 to purchase Columbia Service Partners
from Columbia Energy. USP continues to expand the product offerings
and grow the business through city and utility partnerships. USP is a
member of the Better Business Bureau.
PROGRAM
How can my city access the program?
Because NCTCOG has legally procured this service, your city only
needs to approve an Interlocal Agreement with NCTCOG. Start up is
simple and requires very little of your city employees’ valuable time.
You simply need to take the following steps:
1. Execute a one page contract provided by USP
2. Approve the recommended press release (this is designed as a
general notice to reduce resident confusion and calls to the city
with questions)
3. Approve the campaign letter provided by the USP Marketing team
4. Access monthly reports via the web
How are our citizens notified of the program?
USP mails each resident a campaign letter which outlines the cities’
support, followed by a reminder letter two weeks later to ensure the
highest response rate. USP only solicits through direct mail — no
telemarketing is ever employed. All homeowners will have the option
to enroll in the program, regardless of the age of their residence.
What cooperation will be needed from the cities?
USP desires to enter into a co-branded marketing services agreement
with each city. The agreement provides for the use of the city
name/logo, in conjunction with USP’s logo, on marketing materials
sent to citizens. The city is supporting the NLC Service Line Warranty
Program provided by USP.
When do you solicit residents?
Through the years, USP has found the optimal times to invite citizens to
participate are in the Spring and Fall of each year.
Does NLC or USP sell or rent the personal
information of residents that enroll in the program?
No. Neither the NLC nor USP will sell or rent the names of prospective
customers or participants.
How much does the resident pay for this service?
Each warranty is sold separately and the price range is generally
between $4 and $5 a month per product.
BENEFITS
How much will residents save by using the warranty
program?
While costs for water line and sewer line repairs can vary, the
average cost of repairing a broken water line or sewer line may range
from $1,200 to over $3,500.
Will this program cost the city any money?
No. USP pays for all marketing materials and program administration.
Furthermore, USP will provide remuneration to the city for every
resident that participates in the program.
What benefit does the city receive from supporting these
programs?
By supporting the NLC Service Line Warranty Program, the city is able
to reduce resident’s frustration over utility line failures by bringing them
low-cost service options. According to USP, 96% of survey respondents
say that their image of the city is enhanced because the warranty
program is offered as a service by the city. These programs also
generate extra revenue for the city through the payment by USP to the
city. USP only uses local contractors to complete the repairs which
helps to keep the dollars in the local community.
NLC SERVICE LINE WARRANTY PROGRAM
A National League of Cities Enterprise Program FAQ ’s
RESPONSIBILITIES
Who administers the program?
Utility Service Partners (USP) administers the program and is
responsible for all aspects of the program including marketing, billing,
customer service, and performing all repairs to local code.
What are the city’s responsibilities?
We ask each city to work with USP to provide the following; 1) a copy
of the city seal/logo, if available, for the solicitation letterhead 2) the
city’s return address for outer envelope (this ensures a high “open-rate”)
3) the name, title and signature sample of the designated solicitation
signor and 4) the appropriate zip codes of the city to allow USP to
purchase a mailing list of the residents.
Why does the city have to provide a city seal, address
and signature?
USP has found that while the letter is written in such a manner as to
leave no doubt that it is a USP program (the USP logo is on the
enrollment form), the city address drives a very high “open-rate” and
the city seal/logo and signature lend credibility to the offer, thus
driving a much higher enrollment rate.
Will we get a lot of calls from citizens when they get
the letter?
A press release provided by USP and issued prior to the first mailing will
help alleviate citizen concerns, which should result in nominal calls to
city hall.
PRODUCTS
How will citizens know what is covered?
All customers receive a set of terms and conditions upon
enrollment in a utility warranty program. They have 30 days
from the date of enrollment to cancel and receive a full refund.
What items are included as part of the water line warranty?
The external water warranty covers the underground service line from
the point of connection to the city main line to the water meter. It also
covers the underground service line between the water meter and the
exterior foundation of the home. If any part of the line is broken and
leaking, USP will repair or replace the line in order to restore the
service. Coverage caps listed in the terms & conditions are per
occurrence as follows:
$4,000 plus an additional $500 for public sidewalk cutting,
if necessary
What items are included as part of the sewer line warranty?
The external sewer line warranty covers the underground service line
from the point of connection to the city main line to the point of entry
to the home. If any part of the line is broken and leaking, USP will
repair or replace the line in order to restore the service. Coverage
caps listed in the terms & conditions are per occurrence as follows:
$4,000 plus an additional $4,000 for public street cutting,
if necessary
The Coverage Cap looks adequate but is there an annual
or lifetime restriction on how much you will pay to repair?
No. Unlike some other warranties available, we provide you with the full
coverage per incident. We will pay up to your coverage amount each
and every time you need us. We do not deduct prior repair expense from
your coverage cap or limit the amount we will pay annually.
Doesn’t Homeowner’s Insurance cover this type of repair?
Typically, no. Most homeowner policies will pay to repair the damage
created by failed utility lines but they generally do not pay to repair the
actual broken pipes or lines. We encourage you to call your insurance
company to determine your actual coverage.
Is soil movement due to ground shifting covered?
Yes, ground shifting is one of the major causes for water line breaks.
If the line is broken and leaking, the repair is covered under
the warranty.
Who replaces landscaping if damaged?
USP will provide basic restoration to the site. This includes filling in the
holes, mounding the trench (to allow for settling) and raking and
seeding the affected area. Restoration does not include replacing trees
or shrubs or repairing private paved/concrete surfaces. This is
outlined in the terms & conditions sent to the customer.
What building codes will you adhere to?
If the line is broken and leaking, USP will repair or replace the leaking
portion of the line according to the current code. However, USP is not
responsible for bringing working lines up to code that are not in need
of repair.
CUSTOMER SERVICE
Will a citizen have a long hold time when reporting a claim?
No. Repair calls receive the highest priority and are answered 24/7.
Repair calls are connected to a live agent through a voice recognition
unit (VRU).
Will the customer always get a live operator when they call?
Yes. Customers are directed to select to speak with either a service or
claims agent and will then be directed to a live Agent.
What is the claims process?
Program participants call a toll-free USP number to file a claim.
USP selects the contractor, who is required to contact the customer
within one hour of receiving the job to schedule a time to begin the
repairs. Typically, repairs are completed within 24 hours. Emergencies
receive priority handling.
CONTRACTORS
Who performs the repair work?
USP retains local, professional plumbers to perform all the service line
repair work.
How selective are you when choosing contractors to
conduct repairs?
USP only selects contractors who share our commitment to excellence
in customer service. Scorecards are maintained for each contractor,
tracking the customer satisfaction rating for work performed. Customer
feedback is shared with our contractors and any contractor with a low
customer satisfaction rating is removed from the network.
Page 1 of 2
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Mike Land, Town Manager
Re: Town Council Meeting – February 28, 2012
Date: February 23, 2012
Agenda Item:
Consider and act upon Ordinance No. 12-04 increasing solid waste and recycling rates effective
March 15, 2012.
Description of Agenda Item:
On January 24, 2012 Town Council approved a new exclusive franchise agreement with IESI
which included a 5% increase to rates charged to the Town. Since the Town’s Utility Billing
Department coordinates setup and changes to residential and most commercial accounts, the
Town charges a small administrative premium over what would otherwise be a 5% franchise
fee. Until 2009 Town rates above IESI rates charged to each of the customer classes to the
Town varied from 5% to 20%.
In 2009, Council approved a more equitable “markup” on our rate structure that can also be
used as the benchmark for future increase decisions. To accomplish this and meet the Town’s
revenue requirements for this service, Council approved Town rates equal to the rate charged
by IESI plus 7% for residential accounts and 12% for commercial customers. The same was
used to create the attached recommended rates.
Solid waste rates have not been changed for Prosper residents since February 2009, and staff
is pleased that we can once again offer some multi-year rate stability on this service. With our
new IESI agreement holding rates flat for three years, Prosper customers should expect no
increase to solid waste services until 2015 except occasional fuel surcharge adjustments.
Budget Impact:
Unless the updated rates previously approved for IESI are passed through changing the Town’s
fee to customers, the additional expense will create a gap in forecasted revenues and budgeted
appropriations.
Legal Obligations and Review:
Rebecca Brewer offered language clarifying the repeal of prior ordinances, but did not review
the balance of the included ordinance language.
Attached Documents:
Ordinance No. 12-04
Exhibit “C” – Proposed Rate Sheet Effective March 15, 2012
Prosper is a place where everyone matters.
ADMINISTRATION
Page 2 of 2
Board/Committee Recommendation:
The Town’s Finance Committee is scheduled to meet on February 27 and may have a
recommendation from that meeting.
Town Staff Recommendation:
Town staff recommends that the Town Council receive a quick report from the Finance
Committee on this topic and
“Move to approve Ordinance No. 12-04, increasing solid waste and recycling rates
effective March 15, 2012.”
Residential *All accounts shall also be assessed a fuel surcharge in accordance with the Town's current contract.
Basic Residential Service --->This Service Includes: -Weekly One (1) Garbage Cart and One (1) Recycle Cart
11.30$ Please set carts out before 7:00 am
Residents East of Preston are serviced on Tuesday.
Each Additional Garbage Cart Residents West of Preston are serviced on Friday.
4.72$ -Monthly Bulky Item Collection up to Two (2) cubic yards
Bulk Pickup is on the last Saturday of each month.
Each Additional Recycle Cart Residents must schedule for this service a day ahead.
1.20$ Please call IESI at 469-452-8000 to schedule
-Voucher for disposal of Household Hazardous Waste
One voucher per year; available at Town Hall
Excess Bulky Item Collection
26.75$ per cubic yard in excess of Two (2) cubic yards set out on a scheduled bulk pickup day
Special Bulky Item Collection
101.65$ Trip Charge plus…107.00$ per cubic yard collected
Commercial *All accounts shall also be assessed a fuel surcharge in accordance with the Town's current contract.
Cart Service
One (1) Garbage Cart Two (2) Garbage Carts Each Additional Garbage Cart (Over 2)
19.60$ 26.07$ 13.07$
One (1) Recycle Cart Each Additional Recycle Cart
2.92$ 1.25$
Dumpster Service
Pricing is determined by dumpster size and frequency of collection.
1 2 3 4 5 6
3 Yards 67.95$ 118.92$ 33.60$ 65.00$
4 Yards 81.03$ 125.45$ 39.20$ 65.00$
6 Yards 100.62$ 176.43$ 252.06$ 424.83$ 531.04$ 637.24$ 44.80$ 65.00$
8 Yards 129.39$ 215.64$ 345.03$ 566.43$ 708.04$ 849.65$ 50.40$ 65.00$
10 Yards 161.74$ 260.08$ 436.46$ 708.04$ 885.06$ 1,062.06$ 56.00$ 65.00$
Compactor and Roll-off Services will be coordinated and directly billed by IESI.
Other Services
This size and frequency not available.
Please select a larger container to meet your needs.
Frequency of Collection - # of Pickups per Week
Dumpster Size
Services which may become available that are not specifically addressed above may be provided to
Town customers at rates equal to the cost plus seven (7) percent on residential accounts and cost plus
twelve (12) percent on commercial accounts.
Dumpster
Delivery
Addt'l
Pickup
Town of Prosper
Solid Waste and Recycling Rates
Effective March 15, 2012
All rates are monthly unless otherwise specified. Rates are not prorated.
Solid Waste and Recycling Rates Will be marked up 7% for residential
Effective February 1, 2012 Will be marked up 12% for commercial
Residential
cost plus 7%
Basic Residential Service - Includes one (1) Garbage Cart and one (1) Recycle Cart.
10.56$ Garbage 7.95 Recycle 2.61
Additional Garbage Cart Additional Recycle Cart
4.41$ 1.12$
Excess Bulky Item Collection
25.00$ per cubic yard in excess of Two (2) cubic yards set out on a scheduled bulk pickup day
Special Buly Item Collection
95.00$ Trip Charge plus…100.00$ per cubic yard collected
Commercial
One (1) Garbage Cart Two (2) Garbage Carts Each Additional Garbage Cart
17.50$ 23.28$ 11.67$
Recycle Cart Each Additional Recycle Cart
2.61$ 1.12$
Dumpster Service Cost to Town from IESI
Pricing is determined by dumpster size and frequency of collection.
1 2 3 4 5 6 Addt'l Pickup
3 Yards 60.67$ 106.18$ 30
4 Yards 72.35$ 112.01$ 35
6 Yards 89.84$ 157.53$ 225.05$ 379.31$ 474.14$ 568.96$ 40
8 Yards 115.53$ 192.54$ 308.06$ 505.74$ 632.18$ 758.62$ 45
10 Yards 144.41$ 232.21$ 389.70$ 632.18$ 790.23$ 948.27$ 50
Compactor and Roll-off Services will be coordinated and directly builled by IESI.
Dumpster Size Frequency of Collection - # of Pickups per Week
TOWN OF PROSPER, TEXAS ORDINANCE NO. 12-04
AN ORDINANCE OF THE TOWN OF THE PROSPER, TEXAS; AMENDING
ORDINANCE NOS. 02-33, 04-115, 06-04, 06-131 AND 08-124; UPDATING THE
COMPREHENSIVE FEE SCHEDULE; PROVIDING FOR RATES FOR THE
COLLECTION OF SOLID WASTE AND RECYCLABLES; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR
AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of the
Town of Prosper, Texas (“Prosper”) to amend Ordinance Nos. 02-33, 04-115, 06-04, 06-131
and 08-124; and
WHEREAS, the Town Council has investigated and determined that it would be
advantageous and beneficial to the citizens of Prosper to provide for rates for the collection of
solid waste and recyclables as set forth below; and
WHEREAS, the Town Council has investigated and determined that it would be
advantageous and beneficial to the citizens of Prosper to update the comprehensive fee
schedule by adding Exhibit “C” as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings. The findings set forth above are incorporated into the body of
this Ordinance as if fully set forth herein.
SECTION 2: Amendment of Ordinance Nos. 02-33, 04-115, 06-04, 06-131 and 08-124.
Ordinance Nos. 02-33, 04-115, 06-04, 06-131 and 08-124 are hereby amended to update the
comprehensive fee schedule by adding the attached Exhibit “C”. Such repeal shall not abate
any pending prosecution for violation of the amended Ordinance Nos., nor shall the amendment
prevent a prosecution from being commenced for any violation if occurring prior to the
amendment of Ordinance Nos. 02-33, 04-115, 06-04, 06-131 and 08-124.
SECTION 3: Rates for the Collection of Solid Waste and Recyclables. The rates for the
collection of solid waste and recyclables set forth in Exhibit “C”, attached hereto and
incorporated herein for all purposes, are hereby adopted.
SECTION 4: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each occurrence in
violation of this Ordinance shall constitute a separate and distinct offense. The penal provisions
imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation
nor shall it preclude Prosper from taking such other lawful action as is necessary to prevent or
remedy any violation. Prosper retains all legal rights and remedies available to it pursuant to
local, state and federal law.
SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not
abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal
prevent a prosecution from being commenced for any violation if occurring prior to the repeal of
the ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase
of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS ON THIS 28th DAY OF FEBRUARY, 2012.
__________________________________
RAY SMITH
Mayor
ATTESTED TO:
____________________________
AMY PIUKANA, TRMC
Town Secretary
DATE OF PUBLICATION: _______________________________________________, Prosper Press
Page 1 of 2
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Mike Land, Town Manager
Re: Town Council Meeting – February 28, 2012
Date: February 23, 2012
Agenda Item:
Consider and act upon a resolution expressing official intent to reimburse costs that may be
incurred for Town capital expenditure projects from proceeds of bonds issued subsequent to
paying such costs.
Description of Agenda Item:
The attached reimbursement resolution allows the Town to consider expending funds from
available resources to start paying for the cost of various projects identified as necessary for
Roads, Parks, Storm Drainage, Water and Wastewater. Then at some time in the future,
Council will have the option to reimburse these through a future debt issuance. The amount in
the resolution is $19,900,000 and is significantly higher than anticipated actual costs to be
reimbursed. This allows for potential unforeseen costs to be captured in the resolution.
This resolution is not authorization to issue debt and it does not mean the entire amount will be
included in the issuance; only the amount Council determines should be refunded to the Town.
According to the Town’s Bond counsel, once the Town starts spending for acquisition of
equipment, the Town should adopt a resolution within 60 days of making expenditures. A
resolution will permit the Town to go back 60 days and pick up expenditures made within the
period that is 60 days before the resolution is adopted. The general rule is that the Town must
issue the bonds or other obligations to reimburse its funds within the later of 1) a date 18
months after expenditures are made or 2) 18 months after the project is placed in service.
However, you must in all circumstances reimburse within 3 years of making expenditures.
Budget Impact:
The reimbursement resolution in and of itself has no impact on the budget. The resolution does
though allow the Town to expend funds for various projects currently being considered with the
intent that some or all of the funds will be reimbursed through a future debt issuance whose
purpose is to fund these costs.
Legal Obligations and Review:
The Town’s Bond Counsel, Dan Culver, with McCall, Parkhurst and Horton developed the
resolution.
Attached Documents:
Resolution No. 12-13
Prosper is a place where everyone matters.
ADMINISTRATION
Page 2 of 2
Board/Committee Recommendation:
The Town’s Finance Committee is scheduled to meet on February 27 and may have a
recommendation from that meeting. Staff and Committee members will summarize the meeting
for Council.
Town Staff Recommendation:
Town staff recommends that the Town Council receive a quick report from the Finance
Committee on this topic and
“Move to approve a resolution expressing official intent to reimburse costs that may be
incurred for Town capital expenditure projects from proceeds of bonds issued subsequent
to paying such costs.”
RESOLUTION EXPRESSING
OFFICIAL INTENT TO REIMBURSE
COSTS OF THE TOWN OF PROSPER CAPITAL IMPROVEMENT PROJECTS
WHEREAS, the Town of Prosper, Texas (the "Issuer") is a duly created municipal
corporation and a governmental body of the State of Texas;
WHEREAS, in accordance with an election held in the Issuer on May 14, 2011, the
voters of the Issuer have approved the issuance of bonds to fund costs various projects, and the
Issuer expects to issue or incur debt for street and road improvements in the Issuer and parks,
trails and recreational facilities in the Issuer, including the acquisition of land for public parks
(collectively, the "GO Projects"); and
WHEREAS, in addition to the GO Projects, the Issuer expects to issue or incur debt for
drainage improvements in the Issuer and extensions and improvements to the Issuer’s water
system (such projects, together with the GO Projects, are hereinafter the “Projects”); and
WHEREAS the Issuer expects to pay, or have paid on its behalf, expenditures in
connection with the design, planning, acquisition and construction of the Projects, prior to the
issuance of one or more series of tax-exempt obligations, tax-credit obligations and/or
obligations for which a prior expression of intent to finance or refinance is required by Federal or
state law (collectively and individually, the "Obligations") to finance the Projects; and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement for the
payment of such expenditures will be appropriate and consistent with the lawful objectives of the
Issuer and, as such, chooses to declare its intention to reimburse itself for such payments at such
time as it issues Obligations to finance the Projects;
THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE ISSUER
THAT:
Section 1. The Issuer reasonably expects to incur debt, as one or more series of
Obligations, with an aggregate maximum principal amount equal to $19,900,000 for the purpose
of paying the costs of the Projects.
Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures.
No Obligations will be issued by the Issuer in furtherance of this Statement after a date which is
later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on
which the property, with respect to which such expenditures were made, is placed in service.
Section 3. The foregoing notwithstanding, no Obligation will be issued pursuant to
this Statement more than three years after the date any expenditure which is to be reimbursed is
paid.
Section 4. The foregoing Sections 2 and 3 notwithstanding, all costs to be reimbursed
with qualified tax credit obligations shall not be paid prior to the date hereof and no tax credit
obligations shall be issued after 18 months of the date the original expenditure is made.
SIGNED this, the 28th day of February, 2012.
______________________________ ______________________________
Town Secretary Mayor