03.13.2012 Town Council PacketPage 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. Proclamation recognizing the week of March 18-24, 2012, as Poison Prevention Week
5. Proclamation recognizing March 11-17, 2012, as Sunshine Week
6. CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non-
controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council
is required to remove any item for discussion and separate action. Council members may vote nay on
any single item without comment and may submit written comments as part of the official record.)
MINUTES, RESOLUTIONS AND OTHER ITEMS
6a. Consider and act upon minutes from the following Council meeting(s) (AP)
February 28, 2012 – Regular Town Council Meeting
6b. Consider and act upon Resolution No. 12-19, awarding the Prosper Parks &
Right-of-Way Maintenance bid. (WH)
6c. Consider and act upon a proposal from Toby Flanagan to operate a North Texas
Baseball tournament in Frontier Park. (WH)
6d. Consider and act upon Resolution No. 12-15, entering into a mutual release agreement
with Berkley Regional Insurance Company and the Town of Prosper. (ML)
6e. 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)
AGENDA
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, March 13, 2012
Meeting begins at 6:00 p.m.
Page 2 of 3
7. 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
8. Second 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)
DEPARTMENT RELATED ITEMS
9. Consider and act upon Resolution No. 12-12, awarding the benefit consulting services contract to IPS
Advisors, Inc. and authorizing the Town Manager to execute the same (KG)
10. EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to
wit; and Section 551.071 Meeting with City Attorney regarding a matter(s) in which the duty of the
City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas
conflicts with the Open Meetings Act regarding:
10a. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located south
of Prosper Trail, east of the BNSF railroad, west of Custer, and north of Highway 380.
10b. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
12. Adjourn
Page 3 of 3
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.
I
11
4' (PTO C rCimatioil i
P
pt TOWN O Ii
P to sPER
WHEREAS, our society has become increasingly dependentendent on household
Il
chemicals to perform labor-saving, time-saving miracles and on medicine to
provide health-giving, life-sustaining benefits; and
WHEREAS, these products, when not used as intended or directed, may be
hazardous, particularly if children gain access to them; and I
WHEREAS, the efforts of our community organizations, complemented by the
efforts of the North Texas Poison Center have reduced childhood poisonings in
Pros Texas; andProsper, Texas;< er
I
WHEREAS, these programs must continue as long as even one child swallows a
household product or medicine by mistake.
NOW, THEREFORE; I, Ray Smith, Mayor of the Town of Prosper and on
behalf of the Town Council do hereby proclaim the week of March 18-24, 2012,
as Poison Prevention Week in the Town of Prosper.
4 Z ' ' Witness my Hand and the Official Seal
c*Cil,1 =t of the Town of Prosper, Texas, on this the
13th day of March, 2 12
N_ s.
7 - , Ray Smith, Mayor
1 L'''.-:N :":` --
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11111 TO W N O F
P to S P F. R
WHEREAS, James Madison,the father of our Federal Constitution, wrote that"consent of the governed"
requires that the people be able to"arm themselves with the power which knowledge gives," and
WHEREAS, every citizen in our participatory democracy has an inherent right of access to government
meetings and public records; and
1
WHEREAS,an open and accessible government is vital to establishing and maintaining the people's trust and
confidence in their government and in the government's ability to effectively serve its citizens; and
WHEREAS,the protection of every person's right of access to public records and government meetings is a
high priority of the Town of Prosper; and
WHEREAS,the Town of Prosper is committed to openness and transparency in all aspects of its operations
and seeks to set a standard in this regard.
NOW, THEREFORE; I, Ray Smith, Mayor of the Town of Prosper recognize, Sunshine Week, March 11
thru-March 17,2012 commemorating the
261st anniversary of James Madison's birth, and The Town of
Prosper will continue to enhance the public's access to government. r j
lam\\\'
t; n Witness my Hand and the Official Seal
0 of the Town of Prosper,Texas,
on this the 13th day of March, 20127
MayoRaySmithMayor
I<
L-- vim 1—`‘ri"°17 T
Page 1 of 6
]
Prosper is a place where everyone matters.
1. Call to Order / Roll Call – Mayor Smith called the meeting to order at 6 p.m.
Council present included: Mayor Ray Smith, Mayor Pro Tem Kenneth Dugger, Danny Wilson,
Curry Vogelsang Jr., Dave Benefield and Jason Dixon.
Council Member(s) absent: Deputy Mayor Pro Tem Meigs Miller.
Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary; Hulon
Webb, Director of Development Services; Wade Harden, Parks & Recreation Manager;
Matthew Garrett, Finance Director.
2. Pastor John Fowler gave the Invocation. The Pledge of Allegiance and Pledge to the Texas
Flag was given.
3. Announcements of dates and times of upcoming community events. Town Manager Mike Land
reminded everyone about the Windmill Playground build which begins May 14 and continues
until May 19th.
4. Mayor Smith presented Certificates of Appreciation to the following past Board & Commission
Members: Terri McCutcheon, Planning & Zoning; Kecia Bass, Board of Adjustment; Loren
Moulder, Parks & Recreation; Thomas Blaney, Parks & Recreation;
5. Mayor Smith presented a proclamation recognizing Alexis Bigham and Elizabeth Burkett for
their bravery and heroism in potentially saving lives by notifying a homeowner and 911
regarding a Fire at Gentle Creek.
6. Mayor Smith presented a proclamation recognizing March 2, 2012 as Texas Week and
celebrating Texas Independence.
7. Building Official Wayne Snell recognized 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 was given 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
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, February 28, 2012
Executive Session starts at 5:30 p.m.
Regular Meeting begins at 6:00 p.m.
Page 2 of 6
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 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)
Mayor Pro Tem Dugger made a motion to approve Consent Items 9a.-9j., as presented.
Motion seconded by Council Member Benefield. Motion approved by vote of 6-0.
Page 3 of 6
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 – There were no citizen comments.
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) Town Manager Mike Land
briefed Council regarding the agreements noting that Town of Prosper entered into agreement
with 166 Bryan Road Partners, LP for the Reduction of the Extraterritorial Jurisdiction. In this
agreement the Town enters into Strategic Partnership Agreements with Denton County Fresh
Water District No. 10. These SPA agreements address the collection of sales tax and its
distribution in commercial areas located within the District. Mr. Land noted that this is the first
of two required public hearings.
Council Member Wilson made a motion to open the Public Hearing. Motion seconded by
Council Member Dixon. Motion approved by vote of 6-0.
There were no citizens present to speak on this item.
Council Member Benefield made a motion to close the Public Hearing. Motion seconded by
Council Member Vogelsang. Motion approved by vote of 6-0.
The Mayor skipped to Agenda Item 16.
16. Consider and act upon improvements to Preston Lakes Park. Senior Parks and Recreation
Planner Wade Harden briefed Council regarding the item. Mr. Harden noted that the proposed
improvements include a playground and a loop trail with connections to Prosper Trail hike and
bike trail. Mr. Harden also noted that soil remediation is also proposed as part of the project.
This includes the removal of the top three feet of debris from the site, compacting disturbed
soil, and grading. Mr. Harden recommended that if Council agrees to move forward, that an
Page 4 of 6
agreement be brought to Council in the future clearly listing all maintenance responsibilities of
the Homeowner’s Association and the Town.
The following citizens wished to speak in support and/or opposition to the proposed case:
Paula Correll, 841 Clear Lake Drive, spoke in favor of the playground.
Londyn Oglestree, 861 Robison Creek Drive, spoke in favor requesting the larger playground of the proposed drawings be chosen for her and her neighborhood friends to play in.
Hotch and Shelly VanBlarcum, 820 Bridgeport, spoke in favor of the proposed larger playground and noted that the neighborhood would benefit from these amenities.
Bruce Carlin, 921 Grapevine, spoke in favor of Option 1, explaining that the property has lots of rock and debris and will require more funds to clean up the site for this type of use. He asked that Council consider reducing funds on this park by downsizing the playground and adding a rock play feature and a small pavilion.
Dave Turley, 660 Toledo Bend, spoke in favor of Option 1. Mr. Turley explained that a water fountain was not necessary and that he preferred to see a smaller park with a rock play feature and a pavilion instead of the larger playground. He noted that the site has lots of debris and that an environmental cleanup would be necessary for this type of use.
After discussion, Mayor Pro Tem Dugger made a motion to approve Option #3 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. Motion seconded by
Council Member Wilson. Mayor Pro Tem Dugger made a motion to withdraw his original
motion. Council Member Wilson made a motion to withdraw his second. Deputy Mayor Pro
Tem Dugger then made a motion to approve Option #1, expenditure of park improvement
funds in the amount of $129,868 requesting staff to 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. Motion seconded by Council Member Benefield. Motion approved
by vote of 6-0.
Skipped to Agenda item Number 12.
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. Mayor Pro Tem Dugger made a motion to table this item
to the March 13, 2012 Town Council Meeting. Motion seconded by Council Member
Benefield. Motion approved by 5-1, Council Member Dixon abstained.
13. Capital Improvement Projects Update. Project Manager Michael Bulla briefed Council
regarding the Capital Improvement Projects.
14. Discussion regarding a site plan for Windmill Playground and associated improvements.
Development Director Hulon Webb briefed Council regarding the professional services
agreement approved with Jacobs Engineering. Mr. Webb explained that the agreement
included a pavilion structure, amphitheater area, Windmill Playground, and a splashground. He
Page 5 of 6
noted during the design staff and Parks Board has agreed that by raising the pavilion structure
above the existing grade, it would create a hill for children to play on. He noted that restroom
location options need to be discussed.
Council asked staff to move forward with the site plan for Windmill Playground and associated
improvements as depicted in design Option B.
15. Consider and act upon the expenditure of Park Improvement Funds for the purchase and
installation of a splash ground at Frontier Park. Senior Parks and Recreation Planner Wade
Harden briefed Council regarding the playground design explaining that the Parks &
Recreation Board discussed the options of adding a splash ground. He noted the Open Space
Master Plan targets a splash ground. He also noted that the Parks and Recreation Board
approved at the October 13, 2011 Meeting, expenditure funds to be used for the construction of
a splash ground.
Council Member Benefield made a motion to approve the expenditure of the 2008 CO Bond
Funds not to exceed $96,000 for the purchase and installation of a splash ground at Frontier
Park. Motion seconded by Council Member Wilson. Motion approved by vote of 6-0.
17. Consider and act upon an agreement with the North Central Texas Council of Governments for
the external water and sewer line protection program. Finance Director Matthew Garrett
briefed Council regarding the agreement. Mr. Garrett explained the program provides
assistance to residents who have not set aside funds to pay for an unexpected utility line repair
and provides a warranty to repair these lines if enrolled in the program. He noted that the
warranty includes 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 agreement is with USP which has been endorsed by the NLC Enterprise Program
Partner.
Council Member Vogelsang made a motion to approve an agreement with North Central Texas
Council of Governments for the external water and sewer line protection program. Motion
seconded by Council Member Benefield. Motion approved by vote of 6-0.
18. Consider and act upon Ordinance No. 12-04 increasing solid waste and recycling rates effective
March 15, 2012. Finance Director Matthew Garrett briefed Council regarding this item. Mr.
Garrett explained that the Town has approved a franchise agreement with IESI which included
a 5% increase to rates charged to the Town. Mr. Garrett noted that solid waste rates have not
been changed for Prosper residents since February 2009 and the rates will not increase to solid
waste services until 2015, except occasional fuel surcharge adjustments.
After discussion, Council Member Wilson made a motion to approve Ordinance No. 12-04
increasing solid waste and recycling rates effective March 15, 2012. Motion seconded by
Council Member Benefield. Motion approved by vote 6-0.
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. Town Manager Mike Land explained the resolution allows
the Town to consider expending funds from available resources to pay for the cost of projects
deemed necessary such as Roads, Parks, Storm Drainage, Water and Wastewater. Mr. Land
explained that the Town must adopt a Resolution within 60 days of making expenditures.
Page 6 of 6
Mayor Pro Tem Dugger made a motion to approve Resolution 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. Motion seconded by Council Member
Benefield. Motion approved by vote of 6-0.
20. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Town
Council asked staff to prepare an update on Hayes Road, downtown lighting improvements,
and the Town’s recycling program.
21. Adjourn - The meeting adjourned at 8:22 p.m.
APPROVED:
___________________________________
Ray Smith, Mayor
ATTEST:
_______________________________
Amy M. Piukana, TRMC
Town Secretary
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 – March 13, 2012
Date: March 8, 2012
Agenda Item:
Consider and act upon a Resolution awarding the Prosper Parks & Right-of-Way Maintenance
bid.
Description of Agenda Item:
Town staff advertised the Prosper Parks & Right-of-Way Maintenance bid and contacted local
lawn care companies to make them aware of the bid. Three bid proposals were received by the
March 7th deadline and opened in public. The bid includes the mowing of all Park properties for
two mowing seasons with exception to athletic fields, Eagles Landing, Main Street Park, and
Boyer Park. The contract provides a default clause for the Town giving it the ability to terminate
the contract due to failed performance. The Public Works street right-of-ways were also
included in the bid as alternate #5. The bids were evaluated using the “Best Value” criteria as
established by the Texas Local Government Code. The criteria includes the following –
Price (30 pts.) Location (15 pts.)
Staffing (20 pts.) Reputation (20 pts.) Equipment (15 pts.)
SuperScapes V&A Weisz
680 Hays Rd. 8285 Falcon Ct. 8662 CR 133
Prosper, TX 75078 Prosper, TX 75078 Celina, TX
Contact: Kevin Abbott Contact: Vincent Pascale Contact: Ron Hathcoat
ph: (214) 878-7563 ph: (214)675-6103 ph: (214) 491-9195
fax: (xxx) xxx-xxxx fax: (xxx) xxx-xxxx fax: (xxx) xxx-xxxx
kevin@superscapes.net vincenzopascale@sbcglobal.net info@weiszselection.com
BASE BID = $ 139,046.00 $ 82,928.00 $ 89,162.00
Alt. #1 $ 3,864.00 $ 1,200.00 $ 1,200.00
Alt. #2 $ 11,674.00 $ 5,220.00 $ 4,968.00
Alt. #3 $ 48,476.00 $ 41,400.00 $ 56,410.00
Alt. #4 $ 71,956.00 $ 49,800.00 $ 61,860.00
PARKS &
RECREATION
Page 2 of 2
Alt. #5 $ 25,972.00 $ 22,500.00 $ 12,900.00
Alt. #6 $ 18,034.00 $ 26,100.00 $ 6,800.00
SuperScapes V&A Weisz
TOTAL = $ 319,022.00 $ 229,148.00 $ 233,300.00
TOTAL Less Alt. #5 = $ 293,050.00 $ 206,648.00 $ 220,400.00
Staff scored the bids utilizing the given award structure and considering the base bid with all
alternates, with exception to alternate #5 (the Public Works properties). V&A Lawn Care scored
the highest in the evaluation with a score of 94 out of 100 possible points. The results are as
follows-
SuperScapes V&A Weisz
Price (30 pts.) 21.15 30.00 28.13
Location (15 pts.) 15.00 13.00 13.00
Staffing (20 pts.) 20.00 18.00 18.50
Reputation (20 pts.) 20.00 20.00 20.00
Equipment (15 pts.) 15.00 13.00 14.25
TOTAL 91.15 94.00 93.88
Budget Impact:
The FY 11/12 Parks Division budget has approximately $122,000 allocated for contracted
services, which will be utilized to cover the Parks portion of the bid. Staff will request $113,656
(103,324 x 1.10) for FY 12/13 Parks Division budget to cover the continued maintenance. A
10% contingency is requested to allow for any additional mowing that could be required within
the mowing schedule. Without the 10% contingency any additional mowing above what is
specified in the bid documents will be brought to the Town Council in the form of a change order
to the agreement.
Legal Obligations and Review:
The contract is a standard construction contract previously approved by the Town Attorney.
Attached Documents:
• Resolution
• Maintenance Agreement
• Parks Mowing Map
• Public Works Mowing Map
Parks and Recreation Board Recommendation (PARBd):
At the March 8, 2012 PARBd meeting, the Board motioned to award the bid to V & A Lawn
Care. The motion was approved by a vote of 7-0.
Staff Recommendation:
Town staff recommends that the Town Council: 1) approve the maintenance agreement with
V&A Lawn Care for the mowing and maintenance of Town park locations in the amount of
$227,312, including a ten percent contingency; and 2) adopt a resolution authorizing the Town
Manager to execute the same.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-19
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A
MAINTENANCE AGREEMENT FOR THE MOWING AND
MAINTENANCE OF TOWN PARK LOCATIONS, BETWEEN V&A
LAWN CARE AND THE TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a
maintenance agreement with V&A Lawn Care for the mowing and maintenance of Town
Park locations, between V&A Lawn Care and the Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 13th day of March, 2012.
______________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana
Town Secretary
AGREEMENT FOR PARK & ROW MAINTENANCE Page 1
Version 1.0
AGREEMENT FOR COMMUNITY PARK MAINTENANCE
THE TOWN OF PROSPER
This Agreement (the “Agreement”) is made and entered into this the 13th day of March,
2012, by the Town of Prosper, Texas (the “Town”), a Texas municipal corporation, and V&A
Landscape and Lawn, (the “Contractor”).
WITNESSETH:
WHEREAS, the Town desires to maintain the parkland and right-of-ways within the
Town; and
WHEREAS, Contractor specializes in the provision of maintenance services for
properties such as, parkland and right-of-ways; and
WHEREAS, Town has determined that it is in the best interest of the public to hire
Contractor to provide the maintenance services described herein.
NOW, THEREFORE, in consideration of the following mutual agreements and
covenants, it is understood and agreed by and between the parties hereto as follows:
1. Scope of Services.
The Contractor shall provide the maintenance services as set forth in the Specifications,
attached hereto as Exhibit “SCHEDULE”.
2. Term.
The term of this Agreement shall commence on March 26th, 2012 and shall expire on
December 31st, 2013. The “SCHEDULE” provides the work for (1) one season. The bid
totals will reflect the total cost of maintenance for (2) two complete seasons as detailed.
3. Contract Price.
In exchange for those Services described in the Agreement Documents, the Town agrees
to provide payment on a monthly basis for services completed, being a total of Two
Hundred and Six Thousand Six Hundred and Forty-Eight Dollars and No Cents
($206,648.00) to Contractor over the term of the Agreement. The Contractor shall submit
an invoice to the Town by the 1st of each month for Services completed. The Town shall
pay the Contractor the full invoiced amount within thirty (30) days after receiving the
invoice.
4. Agreement Documents.
The “Agreement Documents”, as that term is used herein, shall include the following
documents, and this Agreement does hereby expressly incorporate same herein as fully as
if set forth verbatim in the Agreement.
A. This Agreement; and
B. The Specifications attached hereto as Exhibit “SCHEDULE”
AGREEMENT FOR PARK & ROW MAINTENANCE Page 2
Version 1.0
C. The Area Maps attached hereto as Exhibit “MAPS”
This Agreement shall incorporate the terms of Exhibit “SCHEDULE” and Exhibit
“MAPS” in its entirety. To the extent that Exhibit “SCHEDULE” and Exhibit “MAPS”
are in conflict with provisions of this Agreement, the provisions of this Agreement shall
prevail over the provisions of Exhibit “SCHEDULE” and Exhibit “MAPS”.
5. Entire Agreement.
The Agreement Documents contain the entire agreement of the parties with respect to the
matters contained herein. All provisions of the Agreement Documents shall be strictly
complied with and conformed to by the Contractor, and no amendment to the Agreement
Documents shall be made except upon the written agreement of the parties, which shall
not be construed to release either party from any obligation of the Agreement Documents
except as specifically provided for in such amendment.
6. Insurance.
The Contractor shall procure and keep in full force and effect throughout the term of this
Agreement all insurance policies with those coverage amounts deemed necessary by the
Town. Contractor, and shall present the Town with a copy of their Certificate of
Insurance, which shall name the Town as an additional insured party.
7. Counterparts.
This Agreement may be executed in a number of identical counterparts, each of which
shall be deemed an original for all purposes.
8. Indemnity.
TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR, ITS OFFICERS,
DIRECTORS, PARTNERS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES,
AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES AND/OR TRUSTEES
(COLLECTIVELY REFERRED TO AS “CONTRACTOR” FOR PURPOSES OF THIS
SECTION), AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS
THE TOWN AND ITS OFFICERS, COUNCIL MEMBERS, REPRESENTATIVES,
AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO AS “TOWN” FOR
PURPOSES OF THIS SECTION) FROM ANY AND ALL CLAIMS, DEMANDS,
DAMAGES, INJURIES (INCLUDING DEATH) LIABILITIES AND EXPENSES
(INCLUDING ATTORNEYS’ FEES AND COSTS OF DEFENSE) ARISING DIRECTLY
OR INDIRECTLY OUT OF THE OPERATION OR PERFORMANCE OF
CONTRACTOR UNDER THIS AGREEMENT. THE TOWN WILL NOT ACCEPT
LIABILITY FOR INJURIES THAT ARE THE RESULT OF THE NEGLIGENCE,
MALFEASANCE, ACTION OR OMISSION OF CONTRACTOR. CONTRACTOR
AGREES TO ACCEPT LIABILITY FOR INJURIES TO ITSELF OR OTHERS CAUSED
BY ITS OWN NEGLIGENCE, MALFEASANCE, ACTION OR OMISSION. THIS
INDEMNIFICATION PROVISION IS ALSO SPECIFICALLY INTENDED TO APPLY
TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR
CRIMINAL, BROUGHT AGAINST TOWN BY ANY GOVERNMENT AUTHORITY OR
AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS
AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND
ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF
AGREEMENT FOR PARK & ROW MAINTENANCE Page 3
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ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR
CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT
RELATIONSHIP BETWEEN CONTRACTOR AND ITS EMPLOYEES OR
SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR’S OR
EMPLOYEE’S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT
WITH THE CONTRACTOR, INCLUDING BUT NOT LIMITED TO ANY
DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR
PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR
DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION,
AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE
WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO
RELIEF UNDER THE WORKERS’ COMPENSATION ACT OR WOULD BE SUBJECT
TO RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE,
AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE.
IN ITS SOLE DISCRETION, TOWN SHALL HAVE THE RIGHT TO APPROVE OR
SELECT DEFENSE COUNSEL TO BE RETAINED BY CONTRACTOR IN FULFILLING
ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY TOWN, UNLESS
SUCH RIGHT IS EXPRESSLY WAIVED BY TOWN IN WRITING. TOWN RESERVES
THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER,
TOWN IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY TOWN IS
NOT TO BE CONSTRUED AS A WAIVER OF TOWN’S OBLIGATION TO DEFEND
TOWN OR AS A WAIVER OF TOWN’S OBLIGATION TO INDEMNIFY TOWN
PURSUANT TO THIS AGREEMENT. CONTRACTOR SHALL RETAIN TOWN-
APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF TOWN’S
WRITTEN NOTICE THAT TOWN IS INVOKING ITS RIGHT TO INDEMNIFICATION
UNDER THIS AGREEMENT. IF CONTRACTOR FAILS TO RETAIN COUNSEL
WITHIN SUCH TIME PERIOD, TOWN SHALL HAVE THE RIGHT TO RETAIN
DEFENSE COUNSEL ON ITS OWN BEHALF, AND CONTRACTOR SHALL BE
LIABLE FOR ALL COSTS INCURRED BY TOWN.
THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
9. Venue.
This Agreement shall be construed under and in accordance with the laws of the State of
Texas and venue shall be in Collin County, Texas.
10. Binding Effect.
This Agreement shall be binding on and inure to the benefit of the Parties and their
respective heirs, executors, administrators, legal representatives, successors, and assigns
when permitted by this Agreement.
11. Ordinances.
Except as specifically provided in the Agreement Documents, the parties agree that
contractor shall be subject to all Ordinances of the Town, whether now existing or in the
future arising.
12. Authority to Execute.
The individuals executing this Agreement on behalf of the respective parties below
AGREEMENT FOR PARK & ROW MAINTENANCE Page 4
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represent to each other and to others that all appropriate and necessary action has been
taken to authorize the individual who is executing this Agreement to do so for and on
behalf of the party for which his or her signature appears, that there are no other parties
or entities required to execute this Agreement in order for the same to be an authorized
and binding agreement on the party for whom the individual is signing this Agreement
and that each individual affixing his or her signature hereto is authorized to do so, and
such authorization is valid and effective on the date hereof.
13. Assignment.
This Agreement may not be assigned without the written agreement of both parties.
14. Sovereign Immunity.
The parties agree that the Town has not waived its sovereign immunity by entering into
and performing its obligations under this Agreement.
15. Notice.
Any notice provided or permitted to be given under this Agreement must be in writing
and may be served by depositing same in the United States mail, addressed to the party to
be notified, postage pre-paid and registered or certified with return receipt requested, or
by delivering the same in person to such party via a hand-delivery service, Federal
Express or any courier service that provides a return receipt showing the date of actual
delivery of same, to the addressee thereof. Notice given in accordance herewith shall be
effective upon receipt at the address of the addressee. For purposes of notification, the
addresses of the parties shall be as follows:
If to Contractor, to: V&A Landscape and Lawn
Attn: Vincent Pascale
8285 Falcon Ct.
Prosper, TX 75078
If to Town, to: Town of Prosper
Attn: Town Manager
P. O. Box 307
109 S. Main Street
Prosper, Texas 75078
16. Severability.
In case any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof, and this
Agreement shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein.
17. Representations.
Each signatory represents this Agreement has been read by the party for which this
Agreement is executed and that such party has had an opportunity to confer with its legal
AGREEMENT FOR PARK & ROW MAINTENANCE Page 5
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counsel.
18. Miscellaneous Drafting Provisions.
This Agreement shall be deemed drafted equally by all parties hereto. The language of
all parts of this Agreement shall be construed as a whole according to its fair meaning,
and any presumption or principle that the language herein is to be construed against any
party shall not apply. Headings in this Agreement are for the convenience of the parties
and are not intended to be used in construing this document.
19. Default and Remedies. If any party fails to perform any of its obligations under the
Agreement Documents, such failure shall constitute a default. The non-defaulting party
shall give the defaulting party written notice of the default. The defaulting party shall
have ten (10) business days after the receipt of such notice in which to cure the default.
Failure to cure the default shall constitute a breach of this Agreement. In the event of a
breach, the non-breaching party may terminate this Agreement and may obtain any
reasonable remedy provided by law.
IN WITNESS, WHEREOF, we, the contracting parties, by our duly authorized agents,
hereto affix our signatures and seals on this 13th day of March, 2012.
TOWN OF PROSPER, TEXAS
a Texas municipality
By: ____________________________________
Mike Land, Town Manager
______________________________
Amy Piukana, Town Secretary
________________________________
of _______________, Texas
By: _____________________________________
Print Name: ______________________________
Title: ____________________________________
AGREEMENT FOR PARK & ROW MAINTENANCE Page 6
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STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared Vincent
Pascale, known to me to be one of the persons whose names are subscribed to the foregoing
instrument; he acknowledged to me he is the duly authorized representative for V&A
Landscape and Lawn and he/she executed said instrument for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of
______________, 20___.
______________________________________
______________________________________
Printed Name, Title
______________________________________
Contractor Name
______________________________________
Notary Public in and for the State of Texas
My Commission Expires:_________________
AGREEMENT FOR PARK & ROW MAINTENANCE Page 7
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Exhibit “SCHEDULE”
SPECIFICATIONS
This landscape management agreement is for services to be performed by Contractor for the
Town of Prosper, TX. For the following:
I. PARKLAND MOWING
1.1 See Section IX “Property Details”.
1.2 No parkland turf shall be cut below three (3) inches in height without written approval
from Town Parks & Recreation Staff.
II. RIGHT-OF-WAY MOWING
2.1 See Section IX “Property Details”.
III. EDGING
3.1 Edging shall be performed with each mowing at parkland locations. Edging is not
required for right-of-way locations.
IV. MONOFILIMENT TRIMMING
4.1 Trimming shall be performed as specified under each property exhibit.
V. CLIPPINGS
5.1 Grass clippings shall be blown from all concrete and asphalt surfaces.
5.2 Grass clippings shall not remain onsite after mowing in visible piles/rows.
VI. LITTER AND DEBRIS REMOVAL
6.1 All litter and debris shall be removed from all turf as needed prior to mowing.
VII. SCALP HIGH PROFILE AREAS
7.1 All drives, parking areas and sidewalks will be kept weed free and blown following
mowings, as required to keep grass clippings and plant material off of the paved areas.
VIII. RIGHT-OF-WAY MOWING
8.1 Area to be mowed to a maximum height of six (6) inches. Fertilizer, herbicides, and
pesticides will not be applied to the right-of-way mowing area.
AGREEMENT FOR PARK & ROW MAINTENANCE Page 8
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IX. PROPERTY DETAILS
SEE ATTACHED (21 pages).
AGREEMENT FOR PARK & ROW MAINTENANCE Page 9
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Exhibit “MAPS”
I. PROPERTY DETAILS
SEE ATTACHED (18 pages).
Not Included InParks BidParks Bid
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 – March 13, 2012
Date: March 8, 2012
Agenda Item:
Consider and act upon a proposal from Toby Flanagan to operate a North Texas Baseball
tournament in Frontier Park.
Description of Agenda Item:
Town staff has met with the Toby Flanagan of the North Texas Baseball (NTXBB) league to
discuss a Memorial Day weekend tournament in Frontier Park (May 26th – 27th). The
Tournament would have a minimum of twelve teams to operate and a maximum of forty-two
teams with age groups from seven to fourteen. Games would start as early as 8:00 a.m. and be
completed by 10:30 p.m. each night.
Parks Division maintenance staff would be required to prep the fields once a day and remark
the championship field for a Sunday championship game. The maintenance staff will also be on
site each day to clean and restock the restrooms, clean the bleacher areas, empty the trash
receptacles, and to ensure the facility is clean and fully operational.
NTXBB will charge a registration fee per team as follows –
• 7/8 = $250
• 9/10 = $300
• 11/12 = $350
• 13/14 = $400
A gate fee of $5 per adult and $3 per student or seniors will apply. Players, coaches, and pre-
school aged children will not be charged an admission fee. The concessions will be operated
by NTXBB for those attending the tournament.
The tournament will not interfere with the Prosper Youth Sports Association (PYSA) baseball
league, though the use of the concessions by NTXBB will have to be coordinated by Town with
PYSA.
NTXBB will provide insurance for the tournament, umpires, trophies, pay the USSSA
sanctioning fees, advertising, and employees to operate the gates and concessions.
Utilizing the Towns schedule fee for practices the maximum charge would calculate to
$5,387.50. However, the Comprehensive Parks Ordinance notes fees for tournaments will be
PARKS &
RECREATION
Page 2 of 2
negotiated on a case by case basis. The amount noted would be a maximum use and was
calculated as follows -
28 hours x 5 fields = 140 field hours
140 field hours x $30 per hour = $5,200
2.5 hrs of field lights x 5 fields = 12.5 hours
12.5 hours x $15 per hour = $187.50
The proposal from NTXBB is to pay a fee of $2,000 to the Town to operate the tournament at
Frontier Park. Town staff calculates the cost to the Town to operate the tournament will be
approximately $763 to prepare and staff the facility and approximately $100 in electricity fees,
bringing the total Town costs to $863 to operate the tournament.
Budget Impact:
With the proposed fee of $1,000 over two days would generate revenue of $2,000 to the Parks
revenue account. The amount will cover Town expenses, any profits could be utilized by the
Parks Division for field maintenance or remain in the general fund if not utilized.
Legal Obligations and Review:
Legal review of this item is not required.
Attached Documents:
• Email Proposal from Mr. Flanagan
Parks and Recreation Board Recommendation (PARBd):
At the March 8, 2012 PARBd meeting, the Board motioned to approve the tournament in the
amount of $1,000 per day. The motion was approved by a vote of 7-0.
Staff Recommendation:
Town staff recommends that the Town Council approve the North Texas Baseball tournament
Memorial Day weekend at a fee of $1,000 a day for the use of Frontier Park baseball fields,
softball fields, and the use of the restroom and concession structure.
From:NTXBB.COM
To:Wade Harden
Subject:Tournament Request
Date:Tuesday, January 17, 2012 8:56:08 AM
Wade,
Thanks for taking my call yesterday. This is the email we discussed requesting facility use
for a NTXBB.COM tournament at Frontier Park.
Minimum teams for a tournament to make would be 12.
Maximum teams that we would accept would be 42.
These numbers are for a Saturday/Sunday tournament. Games would start as early as 8:00
am and finish as late 10:30 pm.
We would request 1 field preparation each day plus one remarking on Sunday before the
championship game on each field.
Our tournament registration cost per team is as follows.
7/8 $250
9/10 $300
11/12 $350
13/14 $400
We do not charge a team lump sum gate fee as most tournaments do. We do however
charge a per person gate fee.
The gate fee is as follows.
Players, coaches, pre-school are free.
Adults $5 per day or $7 weekend pass
Students and Seniors $3 per day or $5 weekend pass
We would like to also request use of the concession facilities.
The possible dates we are looking at are:
April 28 -29
May 5 -6
May 26 -27 (Memorial Day Weekend)
June 2 -3
We are not requesting all of these dates just one. I am not for sure what the facility is
already scheduled for, so I wanted to have some options.
Would it be possible for the recreational league to schedule around a tournament
weekend ?
We will provide:
Insurance
Umpires
Trophies
USSSA Sanction
Advertising
Workers for Gates, Concession etc...
Concession Stock
What is your rain out policy ?
What is the policy if the tournament does not make?
Thank you,
Toby Flanagan
North Texas Baseball
WWW.NTXBB.COM
(903) 814 -1444 cell
(903) 416 -4189 desk
Page 1 of 1
To: Mayor and Town Council
From: Mike Land, Town Manager
Re: Town Council Meeting – Tuesday March 13, 2012
Date: March 9, 2012
Agenda Item:
Consider and act upon a Resolution entering into a settlement and mutual release agreement
between Berkley Regional Insurance Company and the Town of Prosper and authorizing the
Town Manager to sign said agreement.
Description of Agenda Item:
Per the Council’s previous discussions and action taken on February 14, 2012 in accordance
with Resolution No.12-11 and the result of the mediation conference held between the two
parties this agreement is presented for approval. The agreement has been signed by
representatives of Berkley.
Budget Impact:
Per the agreement, Berkley Insurance Company will pay the Town of Prosper $515,000 in
settlement funds. Said funds will be deposited by March 15, 2012. These funds will be used for
the purposes of constructing improvements to Coit and First St.
Legal Obligations and Review:
The Town’s Attorney has reviewed and approved the document as presented and already
signed by the Berkley Insurance Company.
Attached Documents:
1. Resolution entering into a mutual release agreement with Berkley Regional Insurance
Company and the Town of Prosper and authorizing the Town Manager to sign said
agreement.
2. Settlement and Mutual Release Agreement between the Town of Prosper and Berkley
Regional Insurance Company.
Town Staff Recommendation:
Town staff recommends that the Prosper Town Council approve the Resolution entering into a
settlement and mutual release agreement between Berkley Regional Insurance Company and
the Town of Prosper and authorizing the Town Manager to sign said agreement.
Prosper is a place where everyone matters.
ADMINISTRATION
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-15
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY AUTHORIZING THE TOWN MANAGER TO ENTER INTO A SETTLEMENT
AND MUTUAL RELEASE AGREEMENT BETWEEN BERKLEY REGIONAL
INSURANCE COMPANY AND THE TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town of Prosper, Texas, hereby enters into a settlement and
mutual release agreement with Berkley Regional Insurance Company.
SECTION 2: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a
settlement and mutual release agreement between Berkley Regional Insurance
Company and the Town of Prosper.
SECTION 3: This Resolution shall take effect on March 13, 2012
RESOLVED THIS THE 13th day of March, 2012 by vote of __ to __.
_________________________
Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
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 – March 13, 2012
Date: March 8, 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 March 6, 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. Site plan for Preston 48 Addition, Block A, Lot 6R (Blue Star Storage), on 3.5± acres,
located on the south side of Prosper Trail, 750± feet west of Preston Road, approved by a
vote of 5-0.
Town Staff Recommendation:
Town staff recommends the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Page 1 of 1
To: Mayor and Town Council
From: Mike Land, Town Manager
Re: Town Council Meeting – Tuesday March 13, 2012
Date: March 9, 2012
Agenda Item:
Conduct the second 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 Town’s Extraterritorial Jurisdiction west of FM
1385. Included in that agreement is reference to the Town entering into at a later date Strategic
Partnership Agreements between the Town and the Denton County Fresh Water District No. 10.
These 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 second of the two required public hearings.
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 second of two Public Hearings for
regarding the adoption of three (3) proposed Strategic Partnership Agreements with Denton
County Fresh Water Supply District No. 10., in pursuant to the provisions of Section 43.0751,
Texas Local Government Code as amended.
Prosper is a place where everyone matters.
ADMINISTRATION