06.12.2012 Town Council Packet - AmendedPage 1 of 3
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1. Call to Order / Roll Call.
2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag.
3. Announcements of dates and times of upcoming community events.
4. Presentation and update by Town Librarian Linda Shaw on Library services.
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.)
5. MINUTES, RESOLUTIONS AND OTHER ITEMS
5a. Consider and act upon minutes from the following Council meeting(s) (AP)
May22, 2012 – Regular Town Council Meeting
5b. 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)
5c. Consider and act upon Resolution No. 12-34, declaring the intent of the Town to reimburse
expenditures for the purchase of a fire engine from proceeds of tax-exempt obligations. (MG)
5d. Consider and act upon Resolution No. 12-36, authorizing the Town Manager to issue a
purchase order not to exceed $550,000 for a Pierce PUC Pumper Fire Engine and related
equipment to be paid for from available resources in the General Fund until reimbursed by
proceeds of tax exempt obligations. (MG)
5e. Consider and act upon Resolution No. 12-35 Third Amendment – Development and
Financing Agreement between the Town of Prosper and Blue Star Land LP, 183 Land Corp.
and Blue Star Allen Land LP. (ML)
5f. Consider and act upon Resolution No. 12-37, awarding 2012 Prosper Road Improvement
Project, Prosper Trail; Coit Road to Custer Road Construction Bid. (FJ)
5g. Consider and act upon Resolution No. 12-38, amending Resolution No. 12-31, ratifying the
Town Manager’s execution of the Estoppel Letter regarding Preannexation Agreement. (ML)
AMENDED AGENDA
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, June 12, 2012
6:00 p.m.
Originally Posted: June 5, 2012
Reposted as Amended: June 8, 2012
Page 2 of 3
5h. Consider and act upon Resolution No. 12-39, amending Resolution No. 12-33, ratifying the
Town Manager’s execution of the Estoppel Letter regarding Infrastructure Agreements. (ML)
6. CITIZEN’S COMMENT
(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.)
DEPARTMENT ITEM
7. Consider and act upon the 2012-2013 Health and Welfare Proposal for employee benefits effective
August 1, 2012. (MG)
8. EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as
authorized by the Texas Open Meetings Act deliberate regarding;
8a. 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.
8b. Section 551.074. To deliberate the evaluation of Town Manager Mike Land.
8c. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
9. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
10. 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.
_________________________________ ________________ ____________________
Matthew B. Garrett
Finance Director Date Notice Posted Date Noticed Removed
Page 3 of 3
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) 569-1011. BRAILLE IS NOT AVAILABLE.
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1. Call to Order / Roll Call – Mayor Ray Smith called the meeting to order at 6:04 p.m.
Council present included: Mayor Ray Smith; Mayor Pro Tem Kenneth Dugger; Deputy Mayor Pro
Tem Meigs Miller; Danny Wilson; Jason Dixon; Curry Vogelsang Jr.; and Dave Benefield.
Council Member(s) absent: None
Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary; Hulon Webb,
Director of Development Services; Chris Copple, Planning Director; and Matthew Garrett, Finance
Director.
2. Pastor Glen Gabbard gave the Invocation. The Pledge of Allegiance and Pledge to the Texas Flag
were given.
3. Announcements of dates and times of upcoming community events. Town Manager Mike Land
thanked everyone for volunteering their time and service to the Windmill Playground Project and
urged citizens to come out and help finish up.
Council skipped to Executive Session.
12. EXECUTIVE SESSION
Mayor Pro Tem Dugger made a motion to recess into closed session at 6:07 p.m. Motion seconded
by Deputy Mayor Pro Tem Miller. Motion approved by vote of 7-0.
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as
authorized by the Texas Open Meetings Act deliberate regarding;
12b. Section 551.071. Meeting with Special Counsel regarding a matter in which the duty of the
Special Counsel under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas conflicts with the Open Meetings Act regarding legal issues relating to the Sanders
matters which involve the Town.
Mayor Pro Tem Dugger made a motion to reconvene into open session at 6:31 p.m. Motion seconded
by Council Member Dixon. Motion approved by vote of 7-0. No action was taken as a result of
closed session.
4. Town Secretary Amy Piukana administered the Oath of Office and issued Certificate of Elections to
Kenneth Dugger, Town Council Place 2 and Jason Dixon, Town Council Place 6.
Minutes
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, May 22, 2012
Council Meeting
6:00 p.m.
Page 2 of 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.)
Deputy Mayor Pro Tem Miller made a motion to pull item 5i off the Consent Agenda for discussion.
Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 7-0.
5 MINUTES, RESOLUTIONS AND OTHER ITEMS
5a. Consider and act upon minutes from the following Council meeting(s) (AP)
May 8, 2012 – Regular Town Council Meeting
5b. Consider and act upon Resolution No. 12-29, a second Amendment to Water and Sewer
Improvement Development Agreement. (ML)
5c. Consider and act upon Resolution No. 12-30, to approve an Assignment and Assumption
Agreement for a PreAnnexationPreannexation Agreement between Forest City Prosper
Limited Partnership and TVG Texas I, LLC. (ML)
5d. Consider and act upon Resolution No. 12-31, Estoppel Letter regarding Preannexation
Agreement. (ML)
5e. Consider and act upon Resolution No. 12-32, authorizing the Town to enter into an
Assignment and Assumption Agreement for Infrastructure Agreements (Water and Sewer
Improvement Development Agreement & Water and Sewer Improvement Construction
Agreement.) (ML)
5f. Consider and act upon Resolution No. 12-33, Estoppel Letter Regarding Infrastructure
Agreements. (ML)
5g. Consider and act upon the April 2012 monthly financial statements. (MG)
5h. Consider and act upon Resolution No. 12-28, denying Atmos Energy Corp., Mid-Tex
Division’s requested rate increase. (MG)
Deputy Mayor Pro Tem Miller made a motion to approve Consent Items 5a – 5h, as presented.
Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 7-0.
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. Planning Director
Chris Copple was present to answer any questions. Mr. Copple explained that the site plan is
for a Parks Maintenance Facility at Frontier Park and has been approved by the Planning and
Zoning Commission.
After discussion, Mayor Pro Tem Dugger made a motion to approve Agenda Item 5i, as
presented. Motion seconded by Council Member Wilson. Motion approved by vote of 7-0.
Page 3 of 5
6. CITIZEN’S COMMENT
(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 –
Citizen Jeff Burandt spoke to Council concerning Coserv and the new smart meters. Mr. Burandt
asked Council to consider the health, safety and welfare of the citizens which he felt would be
endangered by radio frequency transmissions, privacy, storage of data and how it will be used and
collected. He asked the Town to consider easement access, fire hazards, and environmental issues.
Mr. Burandt recommended that Council consider passing an Ordinance to suspend smart meters and
allow citizens to provide feedback through a Town survey on the issue.
Citizen Melissa Randle thanked everyone who participated in the Community Playground Build
Project. She recognized the Parks Department, Fire Department, and Development Director for all
their efforts. She also recognized and thanked Town Manager Mike Land for his Leadership with the
Windmill Playground Project which she felt ultimately brought the community together. Ms. Randle
urged Council to support and donate their time at the playground in order to complete the project.
Citizen Jack Dixon spoke in support of the Prosper Eagles Baseball Team and asked everyone to fill
the stadium at the playoff game coming up on Thursday.
Citizen Kelly Cooper presented a handout to Council regarding House Bill 2129 in regards to smart
meters. She noted that an email explaining HB 2129 had been sent to Town Staff and Council
regarding the issue. Ms. Cooper stated her main concerns are invasion of privacy, environmental
issues and the lack of control in allowing utility providers direct control of her home appliances. Ms.
Cooper recommended adding smart meters as a discussion topic on a future Council agenda.
REGULAR AGENDA
(If you wish to address the Council during the regular agenda portion of the meeting, please fill out a
“Speaker Request Form” and present it to the Town Secretary prior to the meeting. Citizens wishing
to address the Council for items listed as public hearings will be recognized by the Mayor.
Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case
basis, at the discretion of the Mayor and Town Council.)
DEPARTMENT ITEMS
7. Consider and act upon the appointment of a Mayor Pro-Tem and Deputy Mayor Pro-Tem. Mayor
Pro Tem Dugger made a motion to appoint Deputy Mayor Pro Tem Miller as Mayor Pro Tem.
Motion seconded by Council Member Wilson. Motion approved by vote of 7-0.
Council Member Wilson made a motion to appoint Mayor Pro Tem Dugger as Deputy Mayor Pro
Tem. Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 7-0.
8. Discussion regarding the Fiscal Year 2012-2013 Budget Calendar. Finance Director Matthew Garrett
briefed Council regarding this item noting that as part of the budget plan process, staff builds a
Page 4 of 5
Budget Calendar that complies with the various laws governing municipalities, truth in taxation and
open meetings. Mr. Garrett passed out a calendar for staff to review.
No action was taken on this item.
9. Presentation by NCC Data and discussion regarding IT services and disaster recovery planning for
the Town of Prosper. Finance Director Matthew Garrett noted that Town Staff had recently been
given an IT Service Survey for NCC Data’s services which indicated a drop in rating. Mr. Garrett
introduced Scott Moffitt and Mike Griffith Vice President of Operations with NCC Data. Mr. Moffitt
explained that NCC Data is working with Town to improve customer service. Mr. Moffitt presented
a PowerPoint summarizing Prosper’s Information Technology infrastructure, support mechanisms
and accomplishments. Mr. Moffitt explained that NCC Data will continue to work with Town
throughout the year to improve Town operations.
10. Update on Town of Prosper Capital and Construction Projects. Project Manager Michael Bulla
briefed Council regarding the following Capital and Construction Projects: Coit Road, First Street,
Wilson Creek Sewer, US 289 Relocations, US 289 TxDOT Construction, Upper Plane Water Line
Design, and Ground Storage expansion.
No action was taken on this item.
11. Discussion regarding capital projects and for potential Certificates of Obligation and also General
Obligation debt financing needs. Finance Director Matthew Garrett briefed Council regarding
Certificates of Obligation and General Obligation debt financing needs. Mr. Garrett explained that
based on past discussions with Council, staff confirmed that funding of the culvert improvements to
Coleman Road north of Prosper Trail could be funded from the Drainage Utility System Fee
Schedule. Mr. Garrett discussed several tables that listed Road Projects. After discussion, Council
Member Vogelsang asked staff to provide cost estimations for the purchase of asphalt for the Fishtrap
Road Project. Mr. Garrett explained that the Town is required to do a preliminary official statement
before debt is issued. He added that the Fire Department Engine will not be on this year’s debt and
that he will bring forward a Reimbursement Resolution. Mr. Garrett asked Council to consider the
amount to include so he may issue a Notice of Intent for water rates. He noted that the second notice
of intent will go out November or December of this year to reduce costs.
No action was taken on this item, it was discussion only.
Mayor Pro Tem Miller made a motion to adjourn into Closed Session at 8:20 p.m. Motion seconded
by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 7-0.
12 EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as
authorized by the Texas Open Meetings Act deliberate regarding;
12a. 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.
12c. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Page 5 of 5
Deputy Mayor Pro Tem Dugger made a motion to reconvene into regular session at 9:23 p.m.
Motion seconded by Council Member Wilson. Motion approved by vote of 7-0.
There was no action taken as a result of Executive Session.
13. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Mayor Pro Tem
Miller asked staff to bring forward information regarding smart meters and present at a future
meeting.
14. Adjourn- The meeting adjourned at 9:24 p.m.
APPROVED:
___________________________________
Ray Smith, Mayor
ATTEST:
_______________________________
Amy M. 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 – June 12, 2012
Date: June 4, 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 June 5, 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 Bumper to Bumper Auto Service, on 1.4± acres, located on the
west side of Preston Road, 1,600± feet south of Prosper Trail.
2. Site plan for Bumper to Bumper Auto Service, on 1.4± acres, located on the west side of
Preston Road, 1,600± feet south of Prosper Trail.
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: Matthew B. Garrett, Finance Director
CC: Mike Land, Town Manager
Re: Town Council Meeting – June 12, 2012
Date: June 1, 2012
Agenda Item:
Consider and act upon a resolution declaring the intent of the Town to reimburse expenditures
for the purchase of a fire engine from proceeds of tax-exempt obligations.
Description of Agenda Item:
The attached reimbursement resolution allows the Town to order the purchase of and expend
funds from available resources to pay for the cost of a new fire engine and at some time in the
future, have the funds repaid through a future debt issuance. The amount in the resolution is
$600,000 and is higher than anticipated actual costs of $550,000. This allows for potential
unforeseen costs to be captured in the reimbursement. 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. It is anticipated the Town will
issue approximately $5.5 Million certificates of obligations in early 2013 to reimburse this
expenditure and other projects such as water improvements and storm drainage.
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. Generally, the Town must issue bonds
or 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.
Legal Obligations and Review:
Reviewed by the Town’s Bond Counsel Dan Culver, with McCall, Parkhurst and Horton
Attached Documents:
Reimbursement Resolution prepared by McCall, Parkhurst, and Horton
Town Staff Recommendation:
Town Staff recommends that the Town Council approve the resolution declaring the intent of the
Town to reimburse expenditures for the purchase of a fire engine from proceeds of tax-exempt
obligations.
Prosper is a place where everyone matters.
ADMINISTRATION
RESOLUTION EXPRESSING
OFFICIAL INTENT TO REIMBURSE
COSTS OF ACQUISITION OF A FIRE ENGINE
WHEREAS, the Town of Prosper, Texas (the "Issuer") is a duly created home-rule
municipality and governmental body of the State of Texas;
WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures of
approximately $600,000 in connection with acquisition of an equipped fire engine for the Issuer
(the "Project") prior to the issuance 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 Project;
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 Project;
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 $5,500,000 for the purpose
of paying certain capital expenditures, including the costs of the Project.
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.
Section 5. To evidence the adoption of this Resolution on the date shown below by the
Town Council of the Issuer, the signatures of the Town Secretary and Mayor are set forth below.
Date: June 12, 2012
___________________________________ ___________________________________
Town Secretary Mayor
Page 1 of 1
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Mike Land, Town Manager
Re: Town Council Meeting – June 12, 2012
Date: June 1, 2012
Agenda Item:
Consider and act upon a resolution authorizing the Town Manager to issue a purchase order not
to exceed $550,000 for a Pierce PUC Pumper Fire Engine and related equipment to be paid for
from available resources in the General Fund until reimbursed by proceeds of tax exempt
obligations.
Description of Agenda Item:
This item is to specifically authorize the Town Manager to order the fire apparatus, which
requires preordering approximately seven months in advance as each is assembled to order
specifications. This PO will be required before the unit can be ordered to be ready for 2013.
Budget Impact:
The General Fund will be used temporarily and replenished directly after the Certificates of
Obligation are issued and funds received, which is expected by February 2013.
Legal Obligations and Review:
N/A
Attached Documents:
Resolution
HGAC quote from Siddons-Martin Emergency Group
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
Town staff recommends that the Town Council approve the resolution authorizing the Town
Manager to issue a purchase order not to exceed $550,000 for a Pierce PUC Pumper Fire
Engine and related equipment to be paid for from available resources in the General Fund until
reimbursed by proceeds of tax exempt obligations.
Prosper is a place where everyone matters.
Administration
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-36
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY AUTHORIZING OFFICIAL INTENT TO REIMBURSECOSTS OF
ACQUISITION OF A FIRE ENGINE.
WHEREAS, the Town of Prosper, Texas (the "Issuer") is a duly created home-rule municipality
and governmental body of the State of Texas; and
WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures of approximately
$600,000 in connection with acquisition of an equipped fire engine for the Issuer (the "Project")
prior to the issuance 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 Project; 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 Project.
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 $5,500,000 for the purpose of paying
certain capital expenditures, including the costs of the Project.
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.
Section 5. To evidence the adoption of this Resolution on the date shown below by the Town
Council of the Issuer, the signatures of the Town Secretary and Mayor are set forth below.
ATTEST: APPROVED:
___________________________________ ___________________________________
Town Secretary Mayor
3500 Shelby Lane
Denton, Texas 76207
GDN P115891
TXDOT Franchise No. A115890
EIN: 26-1557803
Proposal for Prosper Fire Department Page 1 of 3
May 31, 2012
Prosper Fire Department
Chief Ronnie Tucker
1500 E. 1st Street
Prosper, Texas 75078
RE: Proposal for Pierce PUC Pumper; 366
Dear Chief Tucker
Siddons-Martin Emergency Group the licensed and authorized dealer for Pierce Manufacturing
Inc. in the State of Texas is pleased to provide the following proposal for Pierce PUC Pumper.
This proposal is based on the accompanying proposal specifications, which are tailored to meet
your needs. The proposal pricing is based on current HGAC (Houston Galveston Area Council)
FS12-11 contract pricing and includes the fees associated with an HGAC purchase.
Pierce PUC Pumper 366
Sales Price $550,00000
Trade-In Credit -$0,000.00
Chassis Prepay Discount -$0,000.00
Full Prepay Discount -$0,000.00
Loose Equipment $00,000.00
Final Sales Price After Trade-In and Discounts $550,000.00
To take advantage of prepayment discounts, payment must be made by Prepay Date
The proposal pricing includes the delivery cost from Plant. Travel expenses for Two (2) of your
personnel to travel to our factory for Trips are included.
Delivery time for the proposed unit will be within 7 to 8 months from the date of order which
will be the date a Purchase Order is received by Siddons-Martin Emergency Group.
366
Proposal for Prosper Fire Department Page 2 of 3
This proposal is valid for 60 days from the above date.
Tax is excluded from this proposal. In the event the purchasing organization is not exempt from
Sales Taxes or any other applicable taxes and/or the proposed apparatus does not qualify for
exempt status, it is the duty of the purchasing organization to pay any and all taxes due.
Balance of sales price is due upon acceptance of the apparatus at the factory. Payment must be
remitted to:
Payment Mailing Address Payment Wiring Information
Siddons-Martin Emergency Group JP Morgan Chase Bank, N.A.
P.O. Box 975262 Dallas, TX 75201
Dallas, TX 75397-5262 Routing #: 111000614
Account # 923009930
Fed Tax ID 26-1557803
Any changes to the original specification will be invoiced or credited as a separate transaction
from the original proposal.
A late fee of .033% of the sale price will be charged per day for overdue payments beginning
ten (10) days after the payment is due for the first 30 days. The late fee increases to.044%
per day until the payment is received. In the event of a Prepayment received after the due
date above, the discount will be reduced by same percentages above increasing the cost of
the apparatus.
In the event this proposal is accepted and a purchase order is issued then cancelled or
terminated by Prosper Fire Department before completion, Siddons-Martin Emergency may
charge a cancellation fee. The following charge schedule based on costs incurred may be
applied:
(a) 10% of the Purchase Price after order is accepted and entered by Pierce;
(b) 20% of the Purchase Price after completion of the approval drawings;
(c) 30% of the Purchase Price upon any material requisition.
The cancellation fee may increase accordingly as costs are incurred as the order progresses
through engineering and into manufacturing. Siddons-Martin Emergency endeavors to mitigate
any such costs through the sale of such product to another purchaser; however, the customer
shall remain liable for the difference between the purchase price and, if applicable, the sale
price obtained by Siddons-Martin upon sale of the product to another purchaser, plus any costs
incurred by Siddons- Martin to conduct such sale.
366
Proposal for Prosper Fire Department Page 3 of 3
In an effort to ensure the above stated terms and conditions are understood and adhered to,
Siddons-Martin requires an authorized individual from the purchasing organization to sign and
date this proposal and include it with any purchase order.
Upon signing of this proposal, the terms and conditions stated herein will be considered binding
and accepted by Prosper Fire Department. The terms and acceptance of this proposal will be
governed by the laws of the state of Texas. Venue of any claim regarding this proposal will lie in
the county Prosper Fire Department is located. No additional terms or conditions will be
binding upon Siddons-Martin Emergency Group unless agreed to in writing and signed by a duly
authorized officer of Siddons-Martin Emergency Group.
Sincerely,
Russell Mabra
Russell Mabra
Sales Representative
972-342-4196
rmabra@siddons-martin.com
I, ______________________________, the authorized representative of Prosper Fire
Department, agree to purchase the Pierce PUC Pumper and agree to the terms of this proposal.
_______________________________________________ ________________________
Signature Date
To: Mayor and Town Council
From: Mike Land, Town Manager
Re: Town Council Meeting – Tuesday June 12, 2012
Date: June 1, 2012
Agenda Item:
Consider and act on a Resolution approving the Third Amendment to the Development and
Financing Agreement between the Town of Prosper and Blue Star Land, LP, 183 Land Corp.
and Blue Star Allen Land LP.
Description of Agenda Item:
On March 25, 2008 the Town entered into a Development and Financing Agreement with the
above stated parties in advance of the development of the “Gates of Prosper” project. Since
that time the Town Council has approved two amendments, the first on April 28, 2011 and the
second on October 11, 2011 extending the agreement six (6) months each time. The Town is in
continual contact with representatives of Blue Star on a variety of development related issues
including more recently for example the 6 lane construction of Preston Rd, the extension of the
water line west to service the Prosper Partners and Forest City developments west of the Dallas
North Tollway and their most recent meetings with retailers at the International Shopping Center
conference.
As a result of these ongoing discussions it was deemed important that the two groups continue
the Development and Financing Agreement through July 9, 2013. This time frame will allow
enough time for Blue Star to obtain Letters of Intent and finalize approved sites plans from
retailers by then end of the first quarter of 2013 in addition to marketing the Gates of Prosper at
the 2013 International Shopping Center Association meeting.
Budget Impact:
There is no impact on the budget with the approval of this third amendment.
Legal Obligations and Review:
The Town’s Attorney Pete Smith drafted the form of this document.
Attached Documents:
1. The Third Amendment to the Development and Financing Agreement
2. Resolution approving the Third Amendment to Development and Financing Agreement
between the Town of Prosper and Blue Star Land, LP, 183 Land Corp. and Blue Star
Allen Land LP.
Prosper is a place where everyone matters.
ADMINISTRATION
Town Staff Recommendation:
Town staff recommends that the Town Council approve the resolution approving the
Third Amendment to Development and Financing Agreement between the Town of
Prosper and Blue Star Land, LP, 183 Land Corp. and Blue Star Allen Land LP.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-35
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY APPROVING THE THIRD
AMENDMENT TO THE DEVELOPMENT AND FINANCE
AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS
AND BLUE STAR LAND, LP, 183 LAND CORPORATION AND
BLUE STAR ALLEN LAND 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 approved
the Third Amendment to the Development and Financing Agreement between the Town
of Prosper and Blue Star Land, LP, 183 Land Corporation and Blue Star Allen Land LP.
SECTION 2: Resolved by the affirmative vote of the Town Council on the 12th
day of June, 2012.
______________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
Page 1 Third Amendment to Development and Financing Agreement
Town of Prosper, Blue Star Land, LP, 183 Land Corp. and Blue Star Allen Land LP (TM 55697)
STATE OF TEXAS §
§
§
COUNTY OF COLLIN §
THIRD AMENDMENT TO
DEVELOPMENT AND FINANCING AGREEMENT
This Third Amendment to Development and Financing Agreement (“Agreement”) is
made by and among the Town of Prosper, Texas, a duly incorporated municipality of the State of
Texas (the “Town”), Blue Star Land, LP, a Texas limited partnership (the “Developer”), 183
Land Corp., a Texas corporation, and Blue Star Allen Land LP, a Texas limited partnership
(together the “Additional Landowners,” and collectively with the Developer, the “Landowners”),
acting by and through their respective authorized officers or representatives.
RECITALS:
WHEREAS, the Parties previously entered into that certain Development and Financing
Agreement dated March 25, 2008 (the “Development and Financing Agreement”); and
WHEREAS, the Parties previously entered into that certain First Amendment to
Development and Financing Agreement dated May 17, 2011; and
WHEREAS, the Parties previously entered into that certain Second Amendment to
Development and Financing Agreement dated October 20, 2011; and
WHEREAS, the Parties intended but were unable to renegotiate the Development and
Financing Agreement and execute a mutually agreeable amendment thereto within six (6)
months after the effective date of the Second Amendment to the Development and Financing
Agreement; and
WHEREAS, the Parties desire to enter into this Third Amendment to the Development
and Financing Agreement as set forth herein to allow the Parties to renegotiate the Development
and Financing Agreement on or before July 9, 2013, and failing which, the Parties mutually
agree to terminate the Development and Financing Agreement;
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
Article I
Termination of the Development and Financing Agreement
Notwithstanding anything to the contrary in the Development and Financing Agreement
the Parties hereby mutually terminate the Development and Financing Agreement effective
July 9, 2013, unless the Parties have entered into a mutually agreed amendment of the
Development and Financing Agreement on or before July 9, 2013.
Page 2 Third Amendment to Development and Financing Agreement
Town of Prosper, Blue Star Land, LP, 183 Land Corp. and Blue Star Allen Land LP (TM 55697)
Article II
Miscellaneous
2.1 Binding Agreement. The terms and conditions of this Agreement are binding
upon the successors and permitted assigns of all Parties hereto. This Agreement may not be
assigned without the prior written consent of all of the Parties.
2.2 Authorization. Each party represents that it has full capacity and authority to
grant all rights and assume all obligations that are granted and assumed under this Agreement.
2.3 Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified
mail, return receipt requested, addressed to the party at the address set forth below or on the day
actually received as set by courier or otherwise hand delivered.
If to the Developer or the Additional Landowners:
Stephen Jones
Blue Star Land L.P.
One Cowboys Parkway
Irving, Texas 75063
With a copy to:
General Counsel
Blue Star Land L.P.
One Cowboys Parkway
Irving, Texas 75063
And to:
George Mitchell
Chief Financial Officer
Blue Star Land L.P.
One Cowboys Parkway
Irving, Texas 75063
And to:
Joe Hickman
8000 Warren Parkway
Building I, Suite 100
Frisco, Texas 75034
If to the Town:
Attn: Town Manager
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
With a copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith
500 North Akard
1800 Lincoln Plaza
Dallas, Texas 75201
Page 3 Third Amendment to Development and Financing Agreement
Town of Prosper, Blue Star Land, LP, 183 Land Corp. and Blue Star Allen Land LP (TM 55697)
2.4 Entire Agreement. This Agreement is the entire Agreement between the Parties with
respect to the subject matter covered in this Agreement. There is no other collateral oral or written
Agreement between the Parties that in any manner relates to the subject matter of this Agreement,
except as provided in any Exhibits attached hereto.
2.5 Governing Law. The Agreement shall be governed by the laws of the State of
Texas; and venue for any action concerning this Agreement shall be in the State District Court of
Collin County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction
of said court.
2.6 Amendment. This Agreement may be amended by the mutual written agreement
of the Parties.
2.7 Legal Construction. In the event 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 other provisions, and it is the intention of
the Parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or
unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is
as similar in terms as possible to the provision found to be illegal, invalid or unenforceable.
2.8 Recitals. The recitals to this Agreement are incorporated herein.
2.9 Counterparts. This Agreement may be executed in counterparts. Each of the
counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one
and the same instrument.
2.10 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
(Signature page to follow)
Page 4 Third Amendment to Development and Financing Agreement
Town of Prosper, Blue Star Land, LP, 183 Land Corp. and Blue Star Allen Land LP (TM 55697)
EXECUTED on this _______ day of ______________________, 2012.
ATTEST:
Town Secretary
APPROVED AS TO FORM:
Town Attorney
TOWN:
TOWN OF PROSPER, TEXAS
By:
Ray Smith, Mayor
EXECUTED on this _______ day of ______________________, 2012.
DEVELOPER AND LANDOWNER:
BLUE STAR LAND, LP,
a Texas limited partnership
By:
Name:
Title:
EXECUTED on this _______ day of ______________________, 2012.
LANDOWNER:
183 LAND CORP.
a Texas limited partnership
By: _________________________________
Name:
Title:
Page 5 Third Amendment to Development and Financing Agreement
Town of Prosper, Blue Star Land, LP, 183 Land Corp. and Blue Star Allen Land LP (TM 55697)
EXECUTED on this _______ day of ______________________, 2012.
LANDOWNER:
BLUE STAR ALLEN LAND LP
a Texas limited partnership
By:
Name:
Title:
Page 1 of 1
To: Mayor and Town Council
From: Frank E. Jaromin, PE, Director of Public Works
Re: Town Council Meeting – Tuesday June 12, 2012
Date: June 5, 2012
Agenda Item:
Consider and act on Resolution Number 12-37, awarding the Prosper Road Improvement
Project 2012, Prosper Trail; Coit Road to Custer Road Construction Bid.
Description of Agenda Item:
On May 14, 2011 the Citizens of Prosper approved the sale of bonds by election and Town
Council approved Resolution No. 11.45 Canvassing the May 14, 2011 Bond Election on May
24, 2011.
The Bond Committee Recommendation was to improve Prosper Trail from Preston Road to
Custer Road in asphalt. This contract is to mix the existing sub base, compact and construct five
inches of new asphalt.
Budget Impact:
Funding for this project will be from the anticipated 2012 Bond. Since bonds have not been sold
staff will use the previously approved reimbursement resolution for funding to be later
transferred back to the General Fund.
Legal Obligations and Review:
The contract is a standard construction contract previously approved by the Town Attorney.
Attached Documents:
• Resolution
• Standard Form of Agreement
• Bid Tabulation (Handout provided at Meeting)
• Project Limits
.
Town Staff Recommendation:
Town staff recommends that the Town Council: 1) approve the Prosper Road Improvement
Project 2012, Prosper Trail, Coit Road to Custer Road construction bid, including a ten percent
contingency; and 2) adopt a resolution authorizing the Town Manager to execute the same.
Prosper is a place where everyone matters.
Public Works
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-37
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
AGREEMENT FOR THE PROSPER ROAD IMPROVEMENTS 2012
PROSPER TRAIL, COIT ROAD TO CUSTER ROAD BETWEEN
___________________________ 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, to
execute an Agreement for the Prosper Road Improvements 2012 Prosper Trail, Coit
Road to Custer Road between _________________ and the Town of Prosper, as hereto
attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 12th day of June, 2012
_________________________
Ray Smith, Mayor
ATTEST TO:
___________________________
Amy Piukana, Town Secretary
SECTION P
PROPOSAL
P-1
SECTION P
PROPOSAL
TOWN OF PROSPER
PROSPER ROAD IMPROVEMENT PROJECT 2012
PROSPER TRAIL
(COIT ROAD – CUSTER ROAD)
BID NO. 2012-05-001
________, 2012
Gentlemen:
Having carefully examined the Information for Bidders, the General Conditions of the Contract, and Detailed
Plans and Specifications, the undersigned bidder hereby proposes to do all the work, and furnish all
necessary superintendence, labor, machinery, equipment, tools and materials, and to complete all the work,
as specified and as shown on plans, and as required by the contracts to which this refers, for the
construction of all items listed at the prices shown for Each item on the following bid schedule.
The bid schedule attached lists the various divisions of construction contemplated in the Plans and
Specification. Bid prices must be shown in Words and Figures for Each item listed in the Proposal, and in the
event of discrepancy, the words shall control.
Receipt is hereby acknowledged of the following addenda to the Contract Documents:
Addendum No. 1 dated _____________ Received ___________
Addendum No. 2 dated ______________ Received ___________
Addendum No. 3 dated ______________ Received ___________
All the various phases of work enumerated in the detailed specifications with their individual jobs and
overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be
performed by the Contractor under one of the items listed in the bid schedule, irrespective of whether it is
named in said list.
Bidder agrees to perform all of the work listed in the proposal and, as described in the specifications and
shown on the plans, for the following prices for each item:
P-2
BASE BID
AP 1 30,100.00 SY 3” TYPE B ASPHALT PAVING ITEMS, COMPLETE AND
IN PLACE FOR THE SUM OF
______ ______________ DOLLARS
AND _ ________ CENTS
PER (unit). $_ _____ $_____
AP 2 30,100.00 SY 2” TYPE D ASPHALT PAVING ITEMS, COMPLETE AND
IN PLACE FOR THE SUM OF
_______ ____________ DOLLARS
AND ___ __________ CENTS
PER (unit). $________ $_______
AP 3 30,100.00 SY MIX AND COMPACT 6” DEPTH AND
IN PLACE FOR THE SUM OF
_______ _____ DOLLARS
AND ___ _____ CENTS
PER (unit). $_______ $_________
AP 4 21,300.00 LF THERMO YELLOW AND IN PLACE FOR THE SUM OF
_______ __________ DOLLARS
AND ___ _____________CENTS
PER (unit). $________ $_________
AP 5 21,300.00 LF THERMO WHITE AND
IN PLACE FOR THE SUM OF
_ ___ DOLLARS
AND ____ ____________ CENTS
PER (unit). $_____ $__________
AP 6 1.0 LS CSS 1-H TACK AND
IN PLACE FOR THE SUM OF
_ DOLLARS
AND ____ _____________ CENTS
PER (unit). $__ $__________
P-3
AP 7 1.0 LS FULL DEPTH CUT AND REMOVE EXISTING DRIVES
_ _ DOLLARS
AND ____ ______________ CENTS
PER (unit). $_____ $___________
AP 8 48.00 LF THERMO WHITE 12” STOP BARS AND
IN PLACE FOR THE SUM OF
_ ___ DOLLARS
AND ____ ____________ CENTS
PER (unit). $_____ $__________
AP 9 1.00 LS TRAFFIC CONTROL AND
IN PLACE FOR THE SUM OF
_ ___ DOLLARS
AND ____ ____________ CENTS
PER (unit). $_____ $__________
TOTAL BID
P-4
TOWN OF PROSPER
PROSPER ROAD IMPROVEMENT PROJECT 2010
PROJECT NO. 2012-05-001
SUMMARY STATEMENT OF MATERIALS AND SERVICES
Base Bid
Total Material Cost Based Upon Estimated Quantities
Total Services Cost Based Upon Estimated Quantities
Total Contract Price Cost Based Upon Estimated Quantities
NOTES:
1. The total materials cost based upon estimated quantities plus the total services cost based upon estimated
quantities MUST equal the amount shown for the total contract price based upon the estimated quantities.
2. The Contractor will be responsible for the payment of all taxes in compliance with the laws of the State of Texas
and the United States.
3. Any reference to taxes within these documents that is in conflict with the Tax Laws will be deleted from the
project.
4. Contract will be awarded based on the Total Bid.
P-5
The Owner reserves the right to delete any bid items or portions thereof. If the Owner elects to delete
any portions of the PROJECT from the contract, then the contract can be awarded on that basis.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
Contract Documents pertaining to the work covered by the above bid, and further agrees to commence work within ten
(10) days after the date of written notice to do so, and substantially complete AUGUST 3, 2012.
Enclosed with this proposal is a Certified Check for:
____________________________________________________________________________________
__________________________________Dollars ($_________________________________________)
or a Proposal Bond in the sum of:
____________________________________________________________________________________
__________________________________Dollars ($_________________________________________)
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this proposal is
accepted by the Owner within sixty (60) days after bids are received and the undersigned fails to execute the contract
and the required bond for the Owner within ten (10) days after the date said proposal is accepted, otherwise said
check or bond shall be returned to the undersigned upon request.
__________________________________
Contractor
By: _______________________________
__________________________________
Printed Name
__________________________________
Address
___________ __ _________ ________
City State Zip
__________________________________
Telephone Number
__________________________________
Facsimile Number
__________________________________
Email Address
T OW N O F P RO S P E RT OW N O F P RO S P E R
¶The Town of Prosper has prepared this map
or information for internal purposes only. It is
made available under the Public Information
Act. Any reliance on this map or information
is AT YOUR OWN RISK. The Town of
Prosper assumes no liability for any errors,
omissions, or inaccuracies in the map or information regardless of the cause of
such or for any decision made, action taken, or action not taken in reliance upon
any maps or information provided herein. The Town of Prosper makes no warranty,
representation, or guarantee of any kind regarding any maps or information
provided herein or the sources of such maps or information and DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESSED AND IMPLIED, including
the implied warranties of merchantability and fitness for a particular purpose.
DISCLAIMER
Prepared 5/18/12
Start Project
PROSPER TRAILCOIT ROADCOIT ROADCUSTER ROADCUSTER ROADFinish Project
Prosper Road Improvement Project 2012: Coit to Custer
0 1,500 3,000750
Feet
Page 1 of 2
To: Mayor and Town Council
From: Mike Land, Town Manager
Re: Town Council Meeting – May 22, 2012
Date: May 18, 2012
Agenda Item:
Consider and act upon Resolution No. 12-38, amending Resolution No. 12-31, ratifying the
Town Manager’s execution of the Estoppel Letter from the Town of Prosper regarding the
Preannexation Agreement with Forest City Prosper Limited Partnership. The sole purpose of
this amendment is to adopt the final version of the agreements with revised exhibits.
Description of Agenda Item:
The sole purpose of this amendment is to adopt the final version of the agreements with revised
exhibits.
Forest City with whom the Town of Prosper entered into a Preannexation Agreement sold its
property totaling approximately 2,030 acres to the Terra Verde Group. The Terra Verde Group
specializes in the development of master planned communities and intends to begin
development of the Three Stones project immediately.
The Estoppel Letter basically states that as of the date of the letter that Forest City is not in
default of its Preannexation Agreement and that the Agreement remains in full force and effect.
Language is also included that states that if at some time in the future, even though this letter is
provided, that a potential default is identified, that the Town of Prosper is committed to working
with the Developer to reach a solution that cures the potential default.
Budget Impact:
There is no budgetary impact as a result of this amendment.
Legal Obligations and Review:
The Town’s Attorney Rebecca Brewer has reviewed and approved the attached Estoppel Letter.
Attached Documents:
1. Estoppel Letter from the Town of Prosper regarding the Assignment and Assumption
Agreement for the Preannexation Agreement.
2. Resolution No. 12-38, ratifying the Town Manager’s execution of the Estoppel Letter
regarding the Assignment and Assumption Agreement for a Preannexation Agreement
with Forest City Prosper Limited Partnership.
Town Staff Recommendation:
Town staff recommends that the Town Council approve Resolution No. 12-38 ratifying the Town
Manager’s execution of the Estoppel Letter regarding the Assignment and Assumption
Agreement for a Preannexation Agreement with Forest City Prosper Limited Partnership.
Prosper is a place where everyone matters.
ADMINISTRATION
Page 2 of 2
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-38
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY AMENDING RESOLUTION NO. 12-31, RATIFYING THE TOWN
MANAGER’S EXECUTION OF THE ESTOPPEL LETTER REGARDING
PREANNEXATION AGREEMENT.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town of Prosper, Texas, hereby amends Resolution No. 12-
31, ratifying the Town Manager’s execution of the Estoppel Letter regarding
Preannexation Agreement.
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
Estoppel Letter regarding Preannexation Agreement.
SECTION 3: This Resolution shall take effect on June 12, 2012.
APPROVED:
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
Page 1 of 1
To: Mayor and Town Council
From: Mike Land, Town Manager
Re: Town Council Meeting – June 12, 2012
Date: May 18, 2012
Agenda Item:
Consider and act on a Resolution 12-39, amending Resolution No. 12-33, ratifying the Town
Manager’s execution of the Estoppel Letter from the Town of Prosper regarding the
Infrastructure Agreements with Forest City Prosper Limited Partnership.
Description of Agenda Item:
The sole purpose of this amendment is to adopt the final version of the agreements with revised
exhibits.
Forest City with whom the Town of Prosper entered into a Preannexation Agreement sold its
property totaling approximately 2,030 acres to the Terra Verde Group. The Terra Verde Group
specializes in the development of master planned communities and intends to begin
development of the Three Stones project immediately.
The Estoppel Letter basically states that as of the date of the letter that Forest City is not in
default of its Infrastructure Agreement and that the Agreement remains in full force and effect.
Language is also included that states that if at some time in the future, even though this letter is
provided, that a potential default is identified, that the Town of Prosper is committed to working
with the Developer to reach a solution that cures the potential default.
Budget Impact:
There is no budgetary impact as a result of this amendment.
Legal Obligations and Review:
The Town’s Attorney Rebecca Brewer has reviewed and approved the attached Estoppel Letter.
Attached Documents:
1. Estoppel Letter from the Town of Prosper regarding the Assignment and Assumption
Agreement for the Infrastructure Agreement.
2. Amended Resolution approving the Estoppel Letter regarding the Assignment and
Assumption Agreement for a Infrastructure Agreement with Forest City Prosper Limited
Partnership.
Town Staff Recommendation:
Town staff recommends that the Town Council approve Resolution No. 12-39, ratifying the
Town Manager’s execution of the Estoppel Letter regarding the Infrastructure Agreements with
Forest City Prosper Limited Partnership.
Prosper is a place where everyone matters.
ADMINISTRATION
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-39
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY AMENDING RESOLUTION NO. 12-33, RATIFYING THE TOWN
MANAGER’S EXECUTION OF THE ESTOPPEL LETTER REGARDING
INFRASTRUCTURE AGREEMENT.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town of Prosper, Texas, hereby amends Resolution No. 12-
33, ratifying the Town Manager’s execution of the Estoppel Letter regarding
Infrastructure Agreement.
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
Estoppel Letter regarding Infrastructure Agreement.
SECTION 3: This Resolution shall take effect on June 12, 2012.
APPROVED:
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
Page 1 of 2
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Mike Land, Town Manager
Re: Town Council Meeting – June 12, 2012
Date: June 4, 2012
Agenda Item:
Consider and act upon the 2012-2013 Health and Welfare Renewal Proposal for employee
benefits effective August 1, 2012.
Description of Agenda Item:
IPS Advisors and the Town of Prosper Benefits Team coordinated the review for employee
benefits effective August 1, 2012. They have considered multiple policy options that may be
advantageous. Upon review of medical insurance plans from several of the Town’s comparator
cities, including premium structures, the Benefits Team found it is extremely difficult to make an
“apples to apples” comparison due to the many different types of plans cities offer. What the
comparison exercise did reveal to the Benefits Team is that many other cities are offering other
types of plans in addition to or in place of the traditional Preferred Provider Organization (PPO)
plan, such as a Health Savings Account (HSA) or Health Reimbursement Account (HRA)
option. The Benefits Team has spent the past few months learning more about these other type
of plans and has requested the Town’s benefits consultant provide the Benefits Team with
quotes for these options for Council consideration.
Town staff plans to meet with Mayor Smith, Councilmember Dixon and Councilmember Wilson
depending on the availability of each on Thursday, June 7 to discuss reasons and details behind
benefit selections proposed prior to the Town Council Meeting.
A representative from IPS Advisors will present a summary analysis of the proposal and provide
Town Council with several plan design scenarios for consideration.
Budget Impact:
The current fiscal year budget will only be affected for two months with premium changes.
Once set, I’ll be able to provide you with a current Fiscal Year impact. It is estimated the new
rates and changes will add approximately $20,000 over the current plan design if approved as
proposed.
Prosper is a place where everyone matters.
Administration
Page 2 of 2
Legal Obligations and Review:
No legal review is required.
Attached Documents:
N/A
Board, Committee and/or Staff Recommendation:
It is the Benefit Team’s recommendation that Town Council approve the IPS recommendations
including the following:
the continuation of the two current PPO/MERP options and the recommended HSA plan
include higher premiums for employee only coverage
impose a $25 per month surcharge for all employees and applicable spouses that do not
receive an annual physical
set employee with dependent rates at a 40% subsidy
implement or subscribe to the Compass Professional Health Services tool
The Benefits Team believes these recommendations provide our employees with affordable
medical insurance choices including lower premiums for dependent coverage, which reinforces
the organization’s culture of excellence and helping others. At the same time, employee only
premiums, a no-physical surcharge and encouraging employees to be more conscientious
consumers helps meet the long term objectives of minimizing both employee health issues and
also the Town’s loss ratio.
Town staff recommends that the Town Council
“Move to approve the proposed benefit changes effective August 1, 2012.”