06.26.2012 Town Council PacketPage 1 of 4
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1. 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 to deliberate regarding;
1a. Section 551.071. Meeting with Town Attorney regarding a matter in which the duty of the
Town Attorney 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 proposed,
updated Comprehensive Plan.
1b. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located
south of Prosper Trail, west of Coit Road, east of Preston Road, and north of First Street.
1c. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located
south of FM 1461/Frontier Parkway, east of Legacy, west of Custer, and north of Highway
380.
1d. Section 551.074. To deliberate the appointment employment and/or duties of the interim
Town Manager and/or permanent Town Manager.
1e. Section 551.087. To deliberate regarding Economic Development Negotiations regarding
property located west of DNT, north of Hwy 380, east of 1385 and south of First Street.
1f. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
2. Call to Order / Roll Call.
3. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag.
4. Announcements of dates and times of upcoming community events.
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)
June 12, 2012 – Regular Town Council Meeting
AGENDA
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, June 26, 2012
5:00 p.m. Executive Session
6:00 p.m. Regular Meeting
Page 2 of 4
5b. Consider an act upon Ordinance No. 12-13, establishing a reduced speed limit for Preston
Road. (KM)
5c. Consider and act upon 1) a Professional Services Agreement with Specialty Land Services,
LLC, and the Town of Prosper regarding the right-of-way acquisition for various Town
projects and 2) Resolution No. 12-41 authorizing the Town Manager to execute the same.
(MB)
5d. Consider and act upon 1) a Professional Landscape Architecture Services Agreement with
Studio 13 Design Group, PLLC., and the Town of Prosper regarding median landscape design
of Coit Road (US 380 to First Street) and First Street (Craig Street to Coit Road) and 2)
Resolution No. 12-42 authorizing the Town Manager to execute the same. (WH)
5e. Consider and act upon 1) a Pipeline License Agreement with the BNSF Railway Company
and the Town of Prosper regarding the construction of a 20” water line crossing within the
BNSF corridor approximately 100 feet north of US 380 and 2) Resolution No. 12-43
authorizing the Town Manager to execute the same. (HW)
5f. Consider and act upon Resolution No. 12-44, 1) determining a public necessity to acquire, by
purchase or condemnation, real property located south of Prosper Trail, west of Coit Road,
east of Preston Road, and north of First Street, 2) giving notice of an official determination to
acquire said property for the purposes set forth within and 3) authorizing the Town Manager
to establish procedures for acquiring the property by purchase or condemnation. (MB)
5g. Consider and act upon Ordinance No. 12-17 amending Sign Ordinance No. 10-010, Sections
1.09(D)(2)(b)(3), 1.09(G)(5)(b), and 1.09(O)(2)(b)(1), regarding the minimum front yard
setback for monument signs, unified development signs, and wood frame signs located in the
City of Irving waterline easement along U.S. 380. (CC)
5h. Consider and act upon an amendment to Ordinance 02-33 establishing a pavilion rental fee.
(WH)
5i. Consider and act upon 1) an application to Collin County Parks & Open Space Project
Funding Assistance Program and 2) Resolution No. 12-45, authorizing the Town Manager to
execute the same. (WH)
5j. Consider and act upon accepting the resignation of Council Member Dave Benefield, for
Town Council Place 1. (AP)
5k. Consider and act upon Resolution No. 12-46, ordering a Special Election to fill the vacancy
created in Town Council Place 1 for the remainder of the current term; designating Early
Voting locations; ordering Notices of Election to be given as prescribed by law in connection
with such election; and providing for the appointment of Election Judges. (AP)
(CONSIDERAR Y ACTUAR EN LA RESOLUCIÓN Nº 12-46 CONSIDERANDO QUE LA CIUDAD DE
PROSPER, COLLIN Y CONDADOS DE DENTON, TEXAS, ORDENANDO UNA ELECCIÓN ESPECIAL
PARA LLENAR LA VACANTE CREADA EN AYUNTAMIENTO LUGAR 1 POR EL RESTO DEL
MANDATO ACTUAL; DESIGNACIÓN DE SITIOS DE VOTACIÓN ANTICIPADA; AVISOS DE PEDIDOS
DE ELECCIONES DARSE SEGÚN LO PRESCRITO POR LA LEY EN RELACIÓN CON DICHA
ELECCIÓN; Y PREVÉN EL NOMBRAMIENTO DE LOS JUECES DE LA ELECCIÓN.)
Page 3 of 4
5l. Consider and act upon the May 2012 monthly financial statements. (MG)
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.)
PUBLIC HEARING
7. A public hearing to consider and act upon the 2012 Town of Prosper Comprehensive Plan Update.
(CA12-0001) (CC)
DEPARTMENT ITEMS
8. Consider act upon Ordinance No. 12-14 and all matters incident and related to the issuance and sale
of the Town of Prosper, Texas General Obligation Bonds, Series 2012, including the adoption of an
ordinance authorizing the issuance of such Bonds, approving an Official Statement, a Bond Purchase
Agreement, a Paying Agent/Registrar Agreement and an engagement letter of Bond Counsel. (MG)
9. Consider and act upon Ordinance No. 12-15 and all matters incident and related to the issuance and
sale of the Town of Prosper, Texas Combination Tax and Revenue Certificates of Obligation, Series
2012, including the adoption of an ordinance authorizing the issuance of such Certificates, approving
an Official Statement, a Bond Purchase Agreement, a Paying Agent/Registrar Agreement and an
engagement letter of Bond Counsel. (MG)
10. Consider and act upon Change Order #1 to Freese and Nichols, Inc., for the Custer Road Pump
Station Improvements Project. (HW)
11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
12. Adjourn
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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) 569-1011. BRAILLE IS NOT AVAILABLE.
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1. Call to Order / Roll Call – Mayor Ray Smith called the meeting to order at 6:02 p.m.
Council present included: Mayor Ray Smith; Deputy Mayor Pro Tem Kenneth Dugger; Danny
Wilson; Jason Dixon; and Curry Vogelsang Jr.
Council Member(s) absent: Mayor Pro Tem Meigs Miller; and Dave Benefield
Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary; Ronnie Tucker,
Fire Chief; Hulon Webb, Director of Development Services; Chris Copple, Planning Director;
Matthew Garrett, Finance Director; Frank Jaromin, Public Works Director.
2. Pastor Rob Bolton with Lone Star Church 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. Council Member Dixon
announced the All Star Little League Season begins June 15th.
4. Presentation and update by Town Librarian Linda Shaw on Library services.
5. CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non-
controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council
is required to remove any item for discussion and separate action. Council members may vote nay on
any single item without comment and may submit written comments as part of the official record.)
MINUTES, RESOLUTIONS AND OTHER ITEMS
5a. Consider and act upon minutes from the following Council meeting(s) (AP)
June 12, 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)
Minutes
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, June 12, 2012
Council Meeting
6:00 p.m.
Page 2 of 5
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)
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)
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)
Deputy Mayor Pro Tem Dugger made a motion to pull item 5(d) off the Consent Agenda to discuss.
Motion seconded by Council Member Dixon. Motion approved by 5-0.
Council Member Dixon made a motion to pull item 5(f) off the Consent Agenda. Motion seconded
by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 5-0.
Deputy Mayor Pro Tem Dugger made a motion to approve Consent Items 5a., 5b., 5c., 5e., 5g., and
5h., as presented. Motion seconded by Council Member Dixon. Motion approved by vote of 5-0.
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. Fire Chief Ronnie Tucker was present to answer any
questions. Deputy Mayor Pro Tem Dugger asked if the Fire Engine being selected is
sufficient for Town services. Chief Tucker explained the Fire Truck being proposed is
midrange in price and in his opinion would last for the Department for over 15 years.
Deputy Mayor Pro Tem Dugger made a motion to approve Consent Item 5(d), as presented. Motion
seconded by Council Member Dixon. Motion approved by vote of 5-0.
5f. Consider and act upon Resolution No. 12-37, awarding 2012 Prosper Road Improvement
Project, Prosper Trail; Coit Road to Custer Road Construction Bid. Public Works Director
Frank Jaromin was present to answer any questions. Mr. Jaromin explained that the Town has
received only one bid for this project and asked Council to reject the bid in order to allow
more companies time to bid.
Council Member Dixon made a motion to reject the Prosper Road Improvement Project 2012,
Prosper Trail – Coit to Custer Road construction bid. Motion seconded by Deputy Mayor Pro
Tem Dugger. Motion approved by vote of 5-0.
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 -
The following citizens were present and wished to speak:
Page 3 of 5
Irwin “Capp” Parry, 850 Kings View Drive, Prosper, Texas, spoke regarding Comprehensive Plan
and population density. He asked for the density concept to be clarified in the Comprehensive Plan
and feels high density ultimately lowers the quality of life and burdens the School District.
Jack Dixon expressed concerns regarding population growth numbers. Mr. Dixon had concerns with
smart meters and lot sizes.
Mary Ellen Jackson, spoke regarding privacy and health concerns with the new smart meters. She
urged Council to prevent installation of these new meters on her home.
Kelly Cooper read emails from the following residents: Cheryl Doggett, Ane Casady, Phyllis Hickey,
Robert Hanston, Barnett Walker, and Mark Brandt all noted they were opposed and had concerns
with environmental issues, privacy, control issues, and health risks associated with the new Smart
Meters. Ms. Cooper explained that the smart meters are an initiative and is not mandated by the
Texas Legislature and explained it was an exploratory option for providers and citizens that
expressed interest. Ms. Cooper urged Council to protect residents and look at the long term effects of
the smart meter. Ms. Cooper asked Council to instruct staff to research the stringent reporting
guidelines to see what it means for CoServe to be in full compliance with the Department of Energy
grant and to share the results with Prosper Citizens as soon as possible.
Jeff Burandt, 1540 Gentle Way, passed out a handout from the American Academy of Environmental
Medicine listing the need to assess the safety of the Smart Meter and health risks. Mr. Burandt spoke
in opposition of the smart meters expressing his concerns in regards to privacy and the lack of a
privacy policy, environmental issues, and increased health risks to the public. He urged Council to
pass an Ordinance protecting citizens from these smart meters.
The following citizens did not wish to speak but noted in writing they are opposed to the smart
meters:
Mary Ellen and Travis Jackson, David McCase, Tom and Paula Ford, Melissa Randle, Bonnie and
Mary Winikates, Regina Mentesana, Mack and Kimball McIlvain, Barnett Walker, Robert
Wierschem, and Jim and Dana Herblin.
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. Finance Director Matthew Garrett introduced Brent Weegar with IPS Advisors who
showed a brief PowerPoint presentation regarding 2012-2013 Employee Benefits Renewal. Mr.
Weegar recommended the following:
Health Plan – United Healthcare
Implementation of a third HSA Plan option is recommended.
Page 4 of 5
It is recommended to re-evaluate employee and dependent subsidy levels to more
closely align with benchmarks.
Wellness Program
It is recommended to consider implementation of an annual physical incentive
program with a $25 increase to employees and spouses who choose not to
participate.
It is recommended to consider implementation of a tobacco user surcharge
effective 8/1/13.
Dental Plan - Ameritas
Rates are currently guaranteed until 8/1/13. No changes are recommended at this
time.
Ancillary Benefit Plan – Sun Life
Rates for Life, Optional Life and LTD are guaranteed until 8/1/14.
Rates for Short Term Disability are guaranteed until 8/1/13.
No changes are recommended at this time.
After some discussion, Council Member Wilson made a motion to approve the 2012-2013 Health and
Wellness proposal, as presented. Motion seconded by Council Member Vogelsang. Motion
approved by vote of 5-0.
Deputy Mayor Pro Tem Dugger made a motion to recess into Executive Session at 7:52 p.m. Motion
seconded by Council Member Vogelsang. Motion approved by vote of 5-0.
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.
Deputy Mayor Pro Tem Dugger made a motion to reconvene into open session at 9:16 p.m. Motion
seconded by Council Member Dixon. Motion approved by vote of 5-0.
No action was taken as a result of Executive Session.
9. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Council asked
staff to meet with Prosper Youth Sports Association to determine limited practice schedules for the
All Star Teams at Frontier Park. Council instructed staff to research smart meters and hold a
presentation and discussion at the next Council Meeting.
10. Adjourn - Deputy Mayor Pro Tem Dugger made a motion to adjourn. Motion seconded by Council
Member Dixon. Motion approved by vote of 5-0.
The meeting adjourned at 9:22 p.m.
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APPROVED:
___________________________________
Ray Smith, Mayor
ATTEST:
_______________________________
Amy M. Piukana, TRMC
Town Secretary
Agenda Item No. __ - Page 1 of 1
To: Mayor and Town Council
From: Gary McHone, Assist. Police Chief
CC: Mike Land, Town Manager
Re: Town Council Meeting- June 26, 2012
Date: June 15, 2012
Agenda Item:
Consider an act upon ordinance #12-13, establishing a reduced speed limit for Preston Road.
Description of Agenda Item:
To establish an Ordinance for the Town of Prosper, Texas, temporarily altering
the Prima Facie Speed limits for vehicles upon SH 289 (Preston Road) within the
Town limits of Prosper, by temporarily lowering the speed limit from 60 miles per
hour to 50 miles per hour.
Budget Impact:
n/a
Legal Obligations and Review:
Has been reviewed by the Town Attorney.
Attached Documents:
Copy of the associated Ordinance.
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
Town staff recommends that the Town Council approve the establishment of the recommended
reduced speed limit along SH 289(Preston Rd) with the Town limits of Prosper.
Prosper is a place where everyone matters.
PROSPER POLICE
DEPARTMENT
Agenda Item No._ - Page 1 of 1
To: Mayor and Town Council
From: Michael Bulla, CIP Project Manager
CC: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – June 26, 2012
Date: June 21, 2012
Agenda Item:
Consider and act upon 1) a Professional Services Agreement with Specialty Land Services,
LLC, and the Town of Prosper regarding the right-of-way acquisition for various Town projects
and 2) a resolution authorizing the Town Manager to execute the same.
Description of Agenda Item:
This professional services agreement will provide an additional resource to staff for expediting
the acquisition of various parcels necessary for Town projects. These projects include, but are
not limited to, the Prosper Trail Elevated Water Tank Site and the future southbound Dallas
North Tollway service road.
Budget Impact:
The $21,600 for the Professional Services is to be funded by the Thoroughfare Impact Fee
Fund.
Legal Obligations and Review:
The contract is a standard engineering services agreement previously approved by the Town
Attorney.
Attached Documents:
The following documentation is being provided for review:
• Professional Services Agreement
• Resolution
Town Staff Recommendation:
Town staff recommends that the Town Council approve 1) a Professional Services Agreement
with Specialty Land Services, LLC, and the Town of Prosper regarding the right-of-way
acquisition for various Town projects and 2) a resolution authorizing the Town Manager to
execute the same.
ENGINEERING
Prosper is a place where everyone matters.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-41
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
PROFESSIONAL SERVICES AGREEMENT FOR RIGHT-OF-WAY
ACQUISITION, BETWEEN SPECIALTY LAND SERVICES LLC, 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
Professional Land Services Agreement for Right-Of-Way acquisition, between Specialty
Land Services LLC, and the Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 26th of June, 2012.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana
Town Secretary
ROW Acquisition Services Agreement
Specialty Land Services LLC
1341 S Preston Rd Ste A
Celina TX 75009 972-679-9488
Page 1 of 19
AGREEMENT
BETWEEN
THE TOWN OF PROSPER (TOWN)
AND
SPECIALTY LAND SERVICES, LLC. (CONSULTANT)
FOR
RIGHT-OF-WAY (ROW)/EASEMENT
ACQUISITION SERVICES
made as of the day of _________ in the year Two Thousand __________:
BETWEEN the Town: The Town of Prosper
Telephone
Facsimile
and the Consultant: Specialty Land Services, LLC.
1341 S Preston Rd Ste A
Celina TX 75009
Telephone (972)382-4747
Facsimile (972)382-4748
EIN 51-0509559
for the following Project: ROW acquisition services performed for the Town of Prosper.
Consultant will provide various acquisition services to the Town
related to the acquisition of ROW and/or easements as
assigned by the Town (Project(s))
The Town and the Consultant agree as set forth below.
THIS AGREEMENT is made and entered by and between the Town of Prosper, Texas, a
Home-Rule Municipal Corporation, hereinafter referred to as “Town”, and Specialty Land
Services LLC, hereinafter referred to as “Consultant”, to be effective from and after the
date as provided herein the “Agreement”.
ROW Acquisition Services Agreement
Specialty Land Services LLC
1341 S Preston Rd Ste A
Celina TX 75009 972-679-9488
Page 2 of 19
WHEREAS, the Town desires to engage the services of the Consultant to perform
professional ROW acquisition services; and
WHEREAS, the Consultant desires to render such professional ROW acquisition services
for the Town upon the terms and conditions provided herein.
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That for and in consideration of the covenants contained herein, and for the mutual
benefits to be obtained hereby, the parities hereto agree as follows:
ARTICLE 1
CONSULTANT’S SERVICES
1.1 Employment of the Consultant - The Town hereby agrees to retain the Consultant
to perform professional ROW acquisition services in connection with the Project.
Consultant agrees to perform such services in accordance with the terms and
conditions of this Agreement.
1.2 Scope of Services - The parties agree that Consultant shall perform such services
as are set forth and described in Exhibit “A”, which is attached hereto and
incorporated herein by reference for all purposes. The parties understand and
agree that deviations or modifications to the scope of services described in Exhibit
“A” or requests for additional services described in Exhibit “B”, in the form of written
change orders, may be authorized from time to time by the Town.
1.3 Schedule of Work - The Consultant agrees to commence work immediately upon
receipt of Notice to Proceed (NTP).
ARTICLE 2
THE TOWN'S RESPONSIBILITIES
2.1 Project Data - The Town agrees to furnish if available, prior to commencement of
services, all the information set forth and described on Exhibit "D", which is attached
hereto and thereby made a part of this Agreement. The information shall be
provided at no cost to the Consultant.
2.2 Town Project Manager - The Town shall designate, when necessary, a
representative authorized to act on the Town's behalf with respect to the Project
(the “Project Manager”). The Town or such authorized representative shall examine
the documents submitted by the Consultant and shall render any required decisions
pertaining thereto as soon as practical so as to avoid unreasonable delay in the
progress of the Consultant's services.
ROW Acquisition Services Agreement
Specialty Land Services LLC
1341 S Preston Rd Ste A
Celina TX 75009 972-679-9488
Page 3 of 19
ARTICLE 3
CONSULTANT’S COMPENSATION
3.1 Compensation for Consultant's Services - As described in “Article 1,
Consultant's Services”, compensation for this project shall be on a time and
expense basis. The parties agree that Consultant shall be compensated for all
services provided pursuant to this Agreement in the amount and manner described
and set forth in the Schedule of Compensation attached hereto as Exhibit "C" and
thereby made a part of this Agreement. Consultant further agrees that it will
prepare and present such weekly progress reports to the Town Engineer or his/her
designee each Friday until the project is complete. The total Consultant’s Fee for
this contract depends on the number and type of ROW acquisition tasks requested
by the Town, and as such, no definitive budget can be described; provided,
however, under no circumstances shall the Consultant Fee exceed a total
cumulative amount of $21,600 during the term of this Agreement unless otherwise
agreed to in writing by the parties hereto.
3.2 Direct Expenses - Direct Expenses are included in the Consultant's Fee as
described in Article 3.1 and include actual reasonable and necessary expenditures
made by the Consultant and the Consultant's employees and sub-contractors in the
interest of the Project for the expenses listed in the following Subparagraphs: 3.2.1 Automobile mileage reimbursement. 3.2.2 Courier services. 3.2.3 Fees paid for securing approvals of authorities having jurisdiction over the
Project and Sales & Use Tax, if any. 3.2.4 Reproductions and photographic services provided by commercial services.
3.3 Additional Services - The Consultant shall provide the services as described in the
“Scope of Basic Services” as set forth in Exhibit “A” of this Agreement. If authorized
in writing by the Town, the Consultant shall provide additional services, as
described in the “Scope of Additional Services” as set forth in Exhibit “B” attached
hereto and incorporated herein for all purposes, to be compensated in accordance
with Exhibit “C”, attached hereto and incorporated herein for all purposes.
3.4 Invoices – No payment to the Consultant shall be made until Consultant tenders an
invoice to the Town. Payments are payable to the Consultant within thirty (30) days
from the date of invoice as long as the invoice is mailed to Town within three (3)
days of the date of the invoice. Invoices are to be mailed to Town immediately upon
completion of each individual task listed in Exhibit “A”. If any invoice remains
outstanding and unpaid for more than sixty (60) days from the date of invoice, and
Consultant has fully performed its obligations as set forth herein, the Consultant has
the option upon written notice to the Town, to suspend all work specified under this
Agreement until the account is brought current. Continued performance and/or
ROW Acquisition Services Agreement
Specialty Land Services LLC
1341 S Preston Rd Ste A
Celina TX 75009 972-679-9488
Page 4 of 19
completion of work by the Consultant under this Agreement shall resume upon the
payment of the earned fees by the Town.
3.5 Failure to Pay - Failure of the Town to pay an invoice, for a reason other than
cause, to the Consultant within sixty (60) days from the date of the invoice shall
grant the Consultant the right, in addition to any and all other rights provided, to,
upon written notice to the Town, refuse to render further services to the Town and
such act or acts shall not be deemed a breach of this Agreement. The Town shall
not be required to pay any invoice submitted by the Consultant if the Consultant
breached any provision(s) herein.
3.6 Adjusted Compensation - If the Scope of the Project or if the Consultant's
services are materially changed, the amounts of the Consultant’s compensation
shall be equitably adjusted as approved by Town. Any additional amounts paid to
the Consultant as a result of any material change to the Scope of the Project shall
be agreed upon in writing by both parties before the services are performed.
3.7 Project Suspension - If the Project is suspended or abandoned in whole or in part
for more than three (3) months, Consultant shall be entitled to compensation for any
and all work completed to the satisfaction of Town in accordance with the provisions
of this Agreement prior to suspension or abandonment. In the event of such
suspension or abandonment, Consultant shall deliver to Town all finished or
unfinished documents, data, studies, surveys, drawings, maps, models, reports,
photographs and/or any other items prepared by Consultant in connection with this
Agreement prior to Consultant receiving final payment. If the Project is resumed
after being suspended for more than three (3) months, the Consultant's
compensation shall be equitably adjusted as approved by the Town. Any additional
amounts paid to the Consultant after the Project is resumed shall be agreed upon in
writing by both parties before the services are performed.
ARTICLE 4
OWNERSHIP OF DOCUMENTS
The Project is the property of the Town, and Consultant may not use the documents, data,
maps, plans, or any other materials (“Documents”) for any purpose not relating to the
Project without Town’s prior written consent. Town shall be furnished with such
reproductions of the Documents. Upon completion of the work, or any earlier termination
of this Agreement under Article 3 and/or Article 7, Consultant will revise the Documents to
reflect changes made while working on the project and promptly furnish the same to the
Town in an acceptable electronic format. All such reproductions shall be the property of
the Town who may use them without the Consultant’s permission for any purpose relating
to the Project, including, but not limited to, completion of the Project, and/or additions,
alterations, modifications, and/or revisions to the Project
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ARTICLE 5
CONSULTANT'S ACCOUNTING RECORDS
Records of Direct Expenses and expenses pertaining to services performed in conjunction
with the Project shall be kept on the basis of generally accepted accounting principles.
Invoices will be sent to the Town as indicated in Article 3.4.
ARTICLE 6
AUDITS AND RECORDS/PROHIBITED INTEREST
The Consultant agrees that at any time during normal business hours and as often as
Town may deem necessary, Consultant shall make available to representatives of the
Town for examination all of its records with respect to all matters covered by this
Agreement, and will permit such representatives of the Town to audit, examine, copy and
make excerpts or transcripts from such records, and to make audits of all contracts,
invoices, materials, payrolls, records of personnel, conditions of employment and other
data relating to all matters covered by this Agreement, all for a period of one (1) year from
the date of final settlement of this Agreement or for such other or longer period, if any, as
may be required by applicable statute or other lawful requirement.
ARTICLE 7
TERMINATION OF AGREEMENT/REMEDIES
Town may, on thirty (30) days written notice to Consultant, and Consultant may, on thirty
(30) days written notice to Town, terminate this Agreement, for any, or no reason, before
the termination date hereof, and without prejudice to any other remedy it may have. If
Town terminates this Agreement due to a default of and/or breach by Consultant and the
expense of finishing the Project exceeds the Consultant’s Fee at the time of termination,
Consultant waives its right to any portion of Consultant’s Fee as set forth in Article 3. On
any default and/or breach by Consultant, Town may elect not to terminate the Agreement,
and in such event it may make good the deficiency in which the default consists, and
deduct the costs from the Consultant’s Fee due Consultant as set forth in Article 3 herein.
If Town terminates this Agreement and Consultant is not in default of the Agreement,
Consultant shall be entitled to compensation for any and all work completed to the
satisfaction of Town in accordance with the provisions of this Agreement prior to
termination.
In the event of any termination, Consultant shall deliver to Town all finished and/or
unfinished documents, data, studies, surveys, drawings, maps, models, reports,
photographs and/or any other items prepared by Consultant in connection with this
Agreement, including electronic formats, if existing, prior to Consultant receiving final
payment.
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The rights and remedies provided by this Agreement are cumulative, and the use of any
one right or remedy by either party shall not preclude or waive its rights to use any or all
other remedies. These rights and remedies are given in addition to any other rights the
parties may have by law, statute, ordinance or otherwise.
ARTICLE 8
DISPUTE RESOLUTION/MEDIATION
In addition to all remedies at law, the parties may resolve/mediate any controversy, claim
or dispute arising out of or relating to the interpretation or performance of this Agreement,
or breach thereof, by voluntary mediation to be conducted by a mutually acceptable
mediator.
ARTICLE 9
INDEMNITY
Consultant shall release, defend, indemnify and hold harmless Town and its Town Council
members, officers, agents, representatives and employees from and against all damages,
injuries (including death), claims, property damages (including loss of use), losses,
demands, suits, judgments and costs, including reasonable attorney’s fees and expenses,
in any way arising out of, related to, or resulting from the performance of the work caused
by the negligent act and/or intentional act and/or omission of Consultant, its officers,
agents, representatives, employees, subcontractors, licensees, invitees or any other third
parties from whom Consultant is legally responsible (hereinafter “Claims”). Consultant is
expressly required to defend Town against all such Claims.
In its sole discretion, Town shall have the right to select or to approve defense counsel to
be retained by Consultant in fulfilling its obligation hereunder to defend and indemnify
Town, unless such right is expressly waived by Town in writing. Town reserves the right to
provide a portion, or all, of its own defense; however, Town is under no obligation to do so.
Any such action by Town is not to be construed as a waiver of Consultant’s obligation to
defend Town or as a waiver of Consultant’s obligation to indemnify Town pursuant to this
Agreement. Consultant shall retain Town approved defense counsel within seven (7)
business days of Town’s written notice that Town is invoking its right to indemnification
under this Agreement. If Consultant fails to retain counsel within such time period, Town
shall have the right to retain defense counsel on its own behalf, and Consultant shall be
liable for all costs incurred by Town.
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ARTICLE 10
NOTICES
Consultant agrees that all notices or communications to Town permitted or required under
this Agreement shall be delivered to Town at the following address:
__________________
__________________
Town of Prosper - _________________
______________________________
Town agrees that all notices or communication to Consultant permitted or required under
this Agreement shall be delivered to Consultant at the following address:
BUDDY MINETT
SPECIALTY LAND SERVICES, LLC.
1341 S. Preston Rd. Ste A
Celina TX 75009
972-679-9488
Buddy@specialtyland.com
Any notice provided for under the terms of this Agreement by either party to the other shall
be in writing and may be effected by registered or certified mail, return receipt requested.
All notices or communication required to be given in writing by one party or the other shall
be considered as having been given to the addressee on the date such notice or
communication is postmarked by the sending party. Each party may change the address
to which notice may be sent to that party by giving notice of such change to the other party
in accordance with the provisions of this Agreement.
ARTICLE 11
MISCELLANEOUS
11.1 Complete Agreement - This Agreement, including the exhibits hereto labeled “A”
through “E”, all of which are incorporated as if fully set forth herein for all purposes,
constitute the entire agreement by and between the parties regarding the subject
matter hereof and supersedes all prior and/or contemporaneous written and/or oral
understandings. This Agreement may not be amended, supplemented, and/or
modified except by written agreement duly executed by both parties.
11.2 Assignment and Subletting - The Consultant agrees that neither this Agreement
nor the work to be performed hereunder will be assigned or sublet without the prior
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written consent of the Town. The Consultant further agrees that the assignment or
subletting of any portion or feature of the work or materials required in the
performance of this Agreement shall not relieve the Consultant of its full obligations
to the Town as provided by this Agreement. All such approved work performed by
assignment or subletting shall be billed through Consultant, and there shall be no
third party billing.
11.3 Successors and Assigns - Town and Consultant, and their partners, assigns,
successors, subcontractors, executors, officers, agents, employees,
representatives, and administrators are hereby bound to the terms and conditions of
this Agreement.
11.4 Severability - In the event a term, condition, or provision of this Agreement is
determined to be invalid, illegal, void, unenforceable, or unlawful by a court of
competent jurisdiction, then that term, condition, or provision, shall be deleted and
the remainder of the Agreement shall remain in full force and effect as if such
invalid, illegal, void, unenforceable or unlawful provision had never been contained
herein.
11.5 Venue - This entire Agreement is performable in Collin County, Texas and the
venue for any action related directly or indirectly, to this Agreement or in any
manner connected therewith shall be Collin County, Texas, and this Agreement
shall be construed under the laws of the State of Texas.
11.6 Execution/Consideration - This Agreement is executed by the parties hereto
without coercion or duress any for substantial consideration, the sufficiency of which
is forever confessed.
11.7 Authority - The individuals executing this Agreement on behalf of the respective
parties below represented to each other that all appropriate and necessary action
has been taken to authorize the individual who is executing this Agreement to do so
for and on behalf of the party for which his or her signature appears, that there are
no other parties or entities required to execute this Agreement in order for the same
to be an authorized and binding agreement on the party for whom the individual is
signing this Agreement and that each individual affixing his or her signature hereto
is authorized to do so, and such authorization is valid and effective on the date
thereof.
11.8 Waiver - Waiver by either party of any breach of this Agreement, or the failure of
either party to enforce any of the provisions of this Agreement, at any time, shall not
in any way affect, limit or waive such party’s right thereafter to enforce and compel
strict compliance.
11.9 Headings - The headings of the various sections of this Agreement are included
solely for convenience of reference and are not to be full or accurate descriptions of
the content thereof.
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11.10 Multiple Counterparts - This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
11.11 Sovereign Immunity – The parties agree that the Town has not waived its
sovereign immunity by entering into and performing its obligations under this
Agreement.
11.12 Representatives – Each signatory represents this Agreement has been read by the
party for which this Agreement is executed and that such party has had the
opportunity to confer with its counsel.
11.13 Miscellaneous Drafting Provisions – This Agreement shall be deemed drafted
equally by all parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or
principle that the language herein is to be construed against any party shall not
apply.
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IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective on the latest day as reflected by the signatures below.
Effective Date: _____________________________________
TOWN
The Town of Prosper, Texas
CONSULTANT
SPECIALTY LAND SERVICES, LLC.
By:
By:
Buddy Minett
Title:
Title:
Member
STATE OF TEXAS:
COUNTY OF COLLIN:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR
THIS STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED
________________________________, KNOWN TO ME TO BE THE PERSON WHOSE
NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED
TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION
EXPRESSED, AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ____ DAY OF ________, 20___.
______________________________________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
STATE OF TEXAS:
COUNTY OF COLLIN:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR
THIS STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED
_______________________, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME
THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION
EXPRESSED, AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ____ DAY OF ________, 20___.
______________________________________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
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EXHIBIT “A”
ASSISTANCE IN ACQUISITION OF RIGHT-OF-WAY/EASEMENTS
SCOPE OF BASIC SERVICES
ASSISTANCE OBTAINING RIGHT-OF-WAY/EASEMENTS
The Consultant will perform the following services for each right-of-way/easement
tract, as necessary based on the information supplied by the Town.
Parcels:To be assigned.
.
1. Perform ownership searches for parcels assigned by Town.
2. Review all title instruments affecting the right-of-way/easement tract supplied by
the Town, or supplied otherwise.
3. Obtain missing instruments identified in Step 1 from the Collin and Denton County
Deed Records, if necessary.
4. Review the/any instruments listed as exceptions on each right-of-way tract together
with topographic survey information from Town supplied construction drawings and
other information supplied by the Town.
5. Attend a maximum of three (3) meetings with Town staff to discuss all the right-of-
way tracts at one time and coordinate communications with Town’s legal counsel
that may be required for clearing the title.
6. Approximate the fair market value of the right-of-way based on appraised value of
the land and improvements by the Collin and Denton County Appraisal District and
other information supplied by the Town. This evaluation will be used to determine
the amount of the title insurance policy and for other purposes as may be deemed
appropriate by the Town.
7. Contact or make multiple attempts to contact each property owner or their
designated representative by telephone and meet to discuss dedication of right-of-
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way by donation and the considerations the property owner may desire for such
dedication. This step will include up to (10) ten attempts to contact each property
owner or their designated representative and one meeting.
8. Prepare and mail a letter for each property along with the Town provided right-of-
way documents requesting dedication of the right-of-way by donation.
9. Inform the Town as to the considerations property owners or their designated
representatives requests during discussions related to dedication or purchase of
right-of-way. This will be done in the form of a weekly status report due each
Friday until the Project is complete.
10. Prepare required Agreement(s) on Town approved forms and submit to Town
representative.
11. Pending Town approval, secure execution of Agreement and/or Donation Deed.
12. Record all original instruments immediately after closing or Deed Transfer, at the
respective County Clerk’s office.
13. If the property owner or their designated representative refuses to dedicate the
right-of-way by donation, upon approval by the Town representative, proceed with
acquisition of right-of-way/easement by other than donation.
14. Upon Request from the Consultant, The Town will provide an appraisal to
determine the “fair market value” of a right-of-way tract.
15. Prepare an offer letter and attempt to contact a property owner or designated
owner’s representative for a final meeting to negotiate an agreement obtaining the
right-of-way. This step will include up to five attempts to contact a property owner
or a designated representative.
16. If offer is acceptable to property owner, secure execution of Deed and proceed to
closing/filing, or if closing outside of Title, submit check request for respective
property owner.
17. If applicable, clear title and review title policy for accurate coverage.
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18. Coordinate and attend closing services with the Town and Title Company, or
secure right-of-way document outside of closing if approved by the Town.
19. Record all original instruments immediately after closing at the respective County
Clerk’s office.
20. Attend one meeting with a property owner or a designated representative to
present the Town’s final offer and participate in a final negotiation to obtain the
right-of-way without eminent domain proceedings. If the owner refuses the offer,
then this phase of services for that tract is finished.
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EXHIBIT “B”
ASSISTANCE IN ACQUISITION OF RIGHT-OF-WAY
SCOPE OF ADDITIONAL SERVICES
The Consultant will perform the following services for each right-of-way tract as
directed by the Town. These services are to be compensated separately from those listed
on Exhibit “A” as described on Exhibit “D” and must be authorized in writing by the Town in
the form of a signed letter delivered by mail or by facsimile or by email.
FIELD SURVEYS
1. Perform field surveys to obtain information related to the location of property
corners referred to in the legal descriptions of right-of-way provided by the Town.
2. Perform field surveys to obtain information related to the location of existing known
franchise utilities associated with easements listed on the exceptions to title in the
information supplied by the Town and Land America/Wilson Title Company.
3. Perform field surveys to set iron rods on the proposed right-of-way line based on
survey control data provided by the Town.
LEGAL ASSISTANCE FOR CLEAR EXCEPTIONS TO TITLE
Make arrangements for an Attorney to review the information supplied by the Town
through American Title Company regarding exceptions related to agreements and liens
and to obtain and provide copies of agreements and lien certificates listed as
exceptions to the title policy and attempt to clear those exceptions from the title policy.
This will only be done if the title company will not clear certain exceptions and the Town
requests these additional services.
ASSISTANCE DURING EMINENT DOMAIN PROCEEDINGS
Provide assistance to the Town as an expert witness in litigation with other parties
related to eminent domain proceedings. This service includes depositions, telephone
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conversations, preparations for eminent domain proceedings and court appearances
related to the eminent domain proceedings.
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EXHIBIT “C”
ASSISTANCE IN ACQUISITION OF RIGHT-OF-WAY
SCHEDULE OF COMPENSATION
Payment for Basic Services described in Exhibit “A” shall be invoiced monthly for
documents recorded during the prior month. The breakdown of the Acquisition fee is:
$1,800.00 per Parcel.
Additi onal Parcels (i.e. drainage, water, temporary construction)
acquired on the same Parent Tract are billed at $500 each.
Parcels on an adjacent Tract with identical ownership, will be billed at a
50% reduced rate.
An additional charge will be applied to each Parcel requiring more than
two (2) owner signatories, including multiple owners, trustees,
lienholders, etc. in the amount of: $300.00 for each signatory in excess
of two (2).
Tracts assigned by the Client, but deemed, by the Client, unnecessary,
at a later date, shall be billed the lesser of, $1,800.00 or $100/hr, plus
directly attributable expenses, for work performed on that parcel.
Minimum applicable charge is $500.00 per Parcel.
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Field Surveys:
Only as requested in writing by the Client
Qualified Appraisals:
Only as requested in writing by the Client
Title Commitments:
Only as requested in writing by the Client
Legal Assistance For Exceptions To Title:
Only as requested in writing by the Client
Professional Land Surveyor Certification:
Only as requested in writing by the Client
All subcontracted professional services shall be invoiced at cost times a multiplier of 1.2.
The original maximum contract amount of $21,600 shall not be exceeded without written
amendment to the agreement.
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EXHIBIT “D”
TOWN’S RESPONSIBILITIES
The Town will provide the following information necessary for this Project at no cost to the
Consultant:
1. List of tracts and legal descriptions, including metes and bounds, plats and closure
calculations, of the tracts to be acquired.
2. All the information provided to the Town from any related title work on each tract.
3. Construction plans and electronic drawing files related to the Project will be made
available.
4. Property owner information available from tax records kept by the Town.
5. Warranty deeds and other documents necessary for the acquisition of right-of-way
that are for execution by each owner to be filed with the Collin County Deed
Records.
6. A designated representative authorized to negotiate on behalf of the Town for
considerations related to obtaining right-of-way by donation.
7. Town Attorney will be responsible for all matters related to eminent domain
proceedings other than those specifically outlines in this agreement under Exhibit
“B”.
8. Town will advise the Consultant when permission to survey must be obtained for a
project and will assist the Consultant in obtaining permission to survey as necessary
and requested by the Consultant.
9. Provide and disclose all factors pertinent to the Project including the known or
suspected location of underground utilities.
10. Town will coordinate all utility meetings for easement releases and relocating of
utilities.
11. Town will be billed directly by the Title Company and will be responsible for all title
and tracts acquisitions costs.
12. Town will be billed directly by the Appraisal Companies and will be responsible for
all Appraisal, Appraisal Review, Appraisal up-dates and testimony costs.
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13. Town will prepare all Impact Fee Agreements, Development Agreements or other
Agreements to be executed on behalf of the Town and ROW tract owner.
14. Town will be responsible for determination of the proper handling of historical
monuments, homes, or other structures of importance and for informing the
Consultant of the disposition of these elements as necessary.
Agenda Item No._ - Page 1 of 2
To: Mayor and Town Council
From: Wade Harden, Senior Parks and Recreation Planner
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – June 26, 2012
Date: June 21, 2012
Agenda Item:
Consider and act upon 1) a Professional Landscape Architecture Services Agreement with
Studio 13 Design Group, PLLC., and the Town of Prosper regarding median landscape design
of Coit Road (US 380 to First Street) and First Street (Craig Street to Coit Road) and 2) a
resolution authorizing the Town Manager to execute the same.
Description of Agenda Item:
In May of 2009 the Town Visioning Committee held its first meeting to discuss various
enhancements to the Town, of which included the standardization of median landscaping. The
goal being to create a sense of place through the median designs. Studio 12 was hired as a
consultant to assist with the designs. The Committee developed a plan that included general
median design and materials list. The plan was presented to the Parks & Recreation Board, the
Planning & Zoning Commission, and adopted by the Town Council in 2010.
The proposed contract is for construction plans to implement the standard design in the
medians to be constructed with the Coit Road and E. First Street improvement projects. As per
the contract, Studio 13 is required to provide the Town planting plans, irrigation plans, and
construction administration services (includes construction documents), and courier services in
at a cost not to exceed $8,425 (see page 11 of 14 of the contract).
Budget Impact:
The proposed design contract in the amount of $8,425 would be funded utilizing 2008 Bond
Funds.
Legal Obligations and Review:
The contract is the same format previously approved by the Town Council for similar services
provided by Studio 13 for the design of Prosper Trail medians.
Attached Documents:
The following documentation is being provided for review:
1. Professional Landscape Architecture Services Agreement
2. Resolution
PARKS &
RECREATION
Prosper is a place where everyone matters.
Agenda Item No._ - Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council approve 1) a Professional Landscape
Architecture Services Agreement with Studio 13 Design Group, PLLC., and the Town of Prosper
regarding median landscape design of Coit Road (US 380 to First Street) and First Street (Craig
Street to Coit Road) and 2) a resolution authorizing the Town Manager to execute the same.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-42
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
PROFESSIONAL SERVICES AGREEMENT FOR FIRST STREET AND
COIT ROAD MEDIAN DESIGN AND CONSTRUCTION PLANS
BETWEEN STUDIO 13 DESIGN GROUP, PLLC. AN D 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
Professional Services Agreement for the design and construction plans for the medians
within First Street and Coit Road, between Studio 13 Design Group, PLLC., and the
Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 26th day of June, 2012.
______________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana
Town Secretary
Agenda Item No. __ - Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Mike Land, Town Manager
Frank E. Jaromin, P.E., Director of Public Works
Michael Bulla, CIP Project Manager
Re: Town Council Meeting – June 26, 2012
Date: June 21, 2012
Agenda Item:
Consider and act upon 1) a Pipeline License Agreement with the BNSF Railway Company and the
Town of Prosper regarding the construction of a 20” water line crossing within the BNSF corridor
approximately 100 feet north of US 380 and 2) a resolution authorizing the Town Manager to
execute the same.
Description of Agenda Item:
On July 26, 2011, Town Council approved a Water and Sewer Improvement Development
Agreement between Forest City Prosper Limited Partnership, Prosper Partners LP., and the Town
of Prosper to fund construction of a water line and gravity sewer main to serve the Forest City
Prosper Limited Partnership and Prosper Partners LP., developments in conformance with the
Town’s W astewater (Sewer) CIP Plan. The extension of the water and sewer lines will not only
serve these developments, but will also bring the water and sewer services closer to the retail
properties along US 380 from Preston Road to Teel Parkway and the Dallas North Tollway.
In order to install the water line crossing within the BNSF corridor, a Pipeline License Agreement is
required to be executed by both the Town of Prosper and BNSF.
Budget Impact:
There will be a $3,000 contract fee and a $1,000 insurance cost for the Railroad’s required
Railroad Protective Policy ($4,000 total). These costs will be paid in accordance with the Water
and Sewer Improvement Development Agreement between Forest City Prosper Limited
Partnership, Prosper Partners LP., and the Town of Prosper.
Legal Obligations and Review:
The Pipeline License Agreement is a standard BNSF Railway document that has previously been
reviewed and approved by the legal department.
Attached Documents:
The following documentation is being provided for review:
1. Pipeline License Agreement
2. Resolution
ENGINEERING
Prosper is a place where everyone matters.
Agenda Item No. __ - Page 2 of 2
Board, Committee and/or Staff Recommendation:
Town staff recommends that the Town Council approve 1) the Pipeline License Agreement with the
BNSF Railway Company and the Town of Prosper regarding the construction of a 20” water line
crossing within the BNSF corridor approximately 100 feet north of US 380 and 2) a resolution
authorizing the Town Manager to execute the same.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-43
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 PIPELINE
LICENSE AGREEMENT WITH THE BNSF RAILWAY COMPANY AND
THE TOWN OF PROSPER REGARDING THE CONSTRUCTION OF A
20” WATER LINE CROSSING WITHIN THE BNSF CORRIDOR
APPROXIMATELY 100 FEET NORTH OF US 380.
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
Pipeline License Agreement with the BNSF Railway Company and the Town of Prosper
regarding the construction of a 20” water line crossing within the BNSF corridor
approximately 100 feet north of US 380, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 26th day of June, 2012.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana
Town Secretary
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Mike Land, Town Manager
Michael Bulla, CIP Project Manager
Re: Town Council Meeting – June 26, 2012
Date: June 18, 2012
Agenda Item:
Consider and act upon a resolution: 1) determining a public necessity to acquire, by purchase or
condemnation, real property located south of Prosper Trail, west of Coit Road, east of Preston
Road, and north of First Street, 2) giving notice of an official determination to acquire said property
for the purposes set forth within and 3) authorizing the Town Manager to establish procedures for
acquiring the property by purchase or condemnation.
Description of Agenda Item:
To facilitate the construction of Coit Road (First Street to Prosper Trail), the Town entered into
discussions with the affected property owners adjacent to the project in an effort to secure right-of-
way (ROW) necessary to facilitate the improvements.
This resolution gives the Town the authority to make amicably acquire the ROW with a formal final
offer and proceed with condemnation if negotiations for settlement become futile and impossible.
Budget Impact:
Based on the attached appraisal, $81,990.00 is the property’s fair cash market value for the right-
of-way. The formal final offer includes $20,000 for damages including, but not limited to, the
relocation of trees, irrigation, fencing, electric gate, and stone columns. The acquisition of the
property will be funded from the Thoroughfare Impact Fee Fund.
Legal Obligations and Review:
The Resolution was reviewed by the Town Attorney.
Attached Documents:
The following documentation is being provided for review:
1. Resolution
2. Appraisal
Prosper is a place where everyone matters.
ENGINEERING
Page 2 of 2
Board, Committee and/or Staff Recommendation:
Town staff recommends that the Town Council adopt a resolution: 1) determining a public
necessity to acquire, by purchase or condemnation, real property located south of Prosper Trail,
west of Coit Road, east of Preston Road, and north of First Street, 2) giving notice of an official
determination to acquire said property for the purposes set forth within and 3) authorizing the Town
Manager to establish procedures for acquiring the property by purchase or condemnation
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-44
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, DETERMINING A PUBLIC NECESSITY TO
ACQUIRE BY PURCHASE OR CONDEMNATION, REAL PROPERTY
LOCATED ON THE WEST SIDE OF COIT ROAD, 2600 FEET NORTH
OF THE FIRST STREET INTERSECTION; GIVING NOTICE OF AN
OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY FOR
THE PURPOSES SET FORTH HEREIN; AUTHORIZING THE TOWN
MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH
PROCEDURES FOR ACQUIRING THE PROPERTY BY PURCHASE
OR CONDEMNATION; MAKING OFFERS; AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”)
investigated and determined that there is a public necessity for, and the public welfare
and convenience will be served by, the acquisition of right-of-way on the parcel of
property described in Exhibit “A”, attached hereto and incorporate herein for all purposes
(“the Property”), and it is the Town of Prosper, Texas’ (“Prosper”) intent to acquire, by
purchase or condemnation, the necessary right-of -way on the Property for the purpose
of public facilities related to the infrastructure along Coit Road; and
WHEREAS, it is necessary to establish procedures for determining the
establishment and approval of just compensation for the right-of-way; and
WHEREAS, there may be improvements located on the Property acquired for
this Project and such improvements may be required to be moved prior to the beginning
of this Project.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated
into the body of this Resolution as if fully set forth herein.
SECTION 2: Acquisition of Property. The Town Council Hereby officially
determines that there is a public necessity for, and the public welfare and convenience
will be served by, the acquisition of the Property, and it is Prosper’s intent to acquire, by
purchase or condemnation, the Property described in Exhibit “A”, attached hereto, for
the Project.
SECTION 3: Authority of Town Manager. The Prosper Town Manager is hereby
authorized to contract, on behalf of the Town Council, with professional appraiser for the
appraisal services and with attorneys for the preparation of title opinions needed by
Prosper from time to time in connection with acquiring the Property for the Project. The
Town Council hereby ratifies any contracts entered into, prior to the effective date of this
Resolution, by the Town Manager with professional appraisers for appraisal services
and with attorneys for the preparation of title opinions needed for the acquisition of
Property made the subject of this Resolution.
SECTION 4: Determination of Just Compensation. The Town Manager, or his
designee, is hereby authorized and directed to examine and rely on the independent
appraisal reports, and other information, in establishing and approving the fair market
value offer and the just consideration of said information, the Town Manager shall
establish and approve the amount determined to be just compensation for the
acquisition of the right-of-way.
SECTION 5: Authority to Make an Offer. Upon establishment and approval by the
Town Manager of the amount of just compensation for the acquisition of the Property,
the Town Manager, or his designee, is authorized to send a written offer to the owner(s)
of said Property for the acquisition of said right-of -way, at the full amount determined
and established to be just compensation for the parcel, and to negotiate with said
owner(s) on behalf of Prosper.
SECTION 6: Authority to Execute Documents. The Town Manager be and is
hereby authorized, on behalf of Prosper, to execute all documents necessary to acquire,
by purchase or condemnation, the parcel needed for the Project.
SECTION 7: Disposal of Improvements. The Town Manager is hereby authorized
to remove such improvements, if any, located in the right-of-way acquired in connection
with this Project, should they interfere with the use and enjoyment of the right-of-way.
SECTION 8: Condemnation Authorized. Should the Town Manager be unable to
acquire the right-of-way and temporary construction easement by purchasing same, the
Town Manager is authorized to instruct the law firm of Abernathy, Roeder, Boyd, &
Joplin, P.C. to commence condemnation proceedings for the acquisition of the right-of-
way for the Project.
SECTION 9: This Resolution shall take effect immediately from and after its
passage.
RESOLVED THIS the 26th day of June, 2012.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana
Town Secretary
RIGHT OF WAY WARRANTY DEED – Page 1
450881.v1
"Notice of Confidentiality rights: If you are a Natural Person, you may remove or strike any
of the following information from this instrument before it is filed for record in the Public
Records: Your Social Security Number or your Drivers' License Number."
AFTER RECORDING, RETURN TO:
Town Administrator
Town of Prosper, Texas
PO Box 307
Prosper, Texas 75078
RIGHT OF WAY WARRANTY DEED
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN §
That Charles W. and Cynthia J. Stuber (“Grantor”), whether one or more, for and in
consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) cash in hand to Grantor paid by
the TOWN OF PROSPER, TEXAS, a Texas Home Rule Municipal Corporation (“Grantee”) the
receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or
implied, has this day GRANTED and by these presents does GRANT, GIVE, and CONVEY unto the
said Grantee all the following described real estate, to-wit:
Being a 1.822 acre tract of land situated in the W BUTLER
SURVEY, ABSTRACT No. 112 in Collin County, Texas, and being
part of a 54.00 acre tract of land described in a deed to Charles W.
and Cynthia J. Stuber as recorded in Doc. #94-0070218, Deed
Records of Collin County, Texas (D.R.C.C.T) and more particularly
depicted and described in Exhibit “A”, respectively, attached hereto
and incorporated herein for all purposes (the “Property”).
The warranty contained herein is subject to: (i) any and all mineral reservations, restrictions,
covenants, conditions and easements, if any, relating to the above-described property, but only to the
extent that they are still in effect and shown of record in Collin County, Texas; and (ii) all zoning law
regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the
extent that they are still in effect and relate to the Property.
RIGHT OF WAY WARRANTY DEED – Page 2
450881.v1
TO HAVE AND TO HOLD the above-described premises, together with all and singular the
rights and appurtenances thereto in anywise belonging unto the said Grantee, Grantee’s successors,
and assigns forever.
And Grantor does hereby bind Grantor, Grantor’s heirs, executors, administrators and
assigns, to warrant and forever defend all and singular the said premises unto the said Grantee,
Grantee’s successors and assigns, against every person whomsoever lawfully claiming or attempting
to claim the same or any part thereof.
This instrument may be executed in a number of identical counterparts, each of which shall
be deemed an original for all purposes.
EXECUTED on the dates appearing in the acknowledgements below, however, to be
effective on this _______ day of _____________, 2012.
Charles W. Stuber,
By:________________________________
Owner(s) and/or Representative(s)
RIGHT OF WAY WARRANTY DEED – Page 3
450881.v1
STATE OF TEXAS §
§
COUNTY OF _______ §
BEFORE ME, the undersigned authority, on this day personally appeared
_______________, known to me to be one of the persons whose names are subscribed to the
foregoing instrument; he acknowledged to me that he is the _______________________ and duly
authorized representative of ____________________, a Texas ___________________________;
and that he executed said instrument for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this __ day of
__________________, 2012.
______________________________________
Notary Public in and for the State of Texas
My Commission Expires: _________________
RIGHT OF WAY WARRANTY DEED – Page 4
450881.v1
LIENHOLDER’S CONSENT TO PARTIAL RELEASE OF LIEN:
The undersigned, being the holder(s) of the lien against a portion of the Property and
Temporary Construction Easement evidenced by:
Deed of Trust dated _______________, recorded under Clerk’s File No.
_____________________, from ________________________________, to
_______________________, Trustee, securing payment of one certain promissory
note of even date therewith in the principal amount of $_____________________,
payable to the order of ________________________; said Note being additionally
secured by a Vendor’s Lien of even date retained in Deed, executed by
_____________________ to __________________________, recorded under
________________________, and subject to all of the terms and conditions and
stipulations contained therein, including but not limited to, any future indebtedness
also secured by this lien,
hereby consents to the execution of the foregoing Right of Way Warranty Deed and agrees that in the
event of a foreclosure of the Property or any portion thereof and/or the underlying property or any
portion thereof (or deed in lieu thereof), the conveyance made by this deed will remain in full force and
effect and shall not be extinguished by such foreclosure (or deed in lieu thereof).
________________ Bank, a __________________
By:__________________________________________
Printed Name:_________________________________
Its:__________________________________________
Address: _____________________
_____________________
STATE OF TEXAS §
COUNTY OF ________________ §
This instrument was acknowledged before me on the ______ day of _____________, 2012, by
___________________, the ___________________ and duly authorized representative of
_________________ Bank, a ________________________, on behalf of said corporation.
_______________________________________
Notary Public, State of Texas
PREPARED IN THE OFFICES OF:
ABERNATHY, ROEDER, BOYD & JOPLIN, P.C.
1700 Redbud Blvd., Suite 300
McKinney, TX 75070
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 26, 2012
Date: June 18, 2012
Agenda Item:
Consider and act upon an ordinance amending Sign Ordinance No. 10-010, Sections
1.09(D)(2)(b)(3), 1.09(G)(5)(b), and 1.09(O)(2)(b)(1), regarding the minimum front yard setback for
monument signs, unified development signs, and wood frame signs located in the City of Irving
waterline easement along U.S. 380.
Description of Agenda Item:
During the past several months, Town staff has met with City of Irving representatives to discuss
locating signage, sidewalks, and landscape in the seventy five (75) foot wide waterline easement,
which abuts U.S. 380 from Prosper Commons Boulevard to Doe Branch Creek (west of Gee
Road). The City of Irving is agreeable to allowing property owners to place signage within the first
ten (10) feet of the waterline easement. Therefore, Town staff has drafted an amendment to the
sign ordinance to allow for the minimum front yard setback to be reduced from fifteen (15) feet to
one (1) foot for monument signs, unified development signs, and wood frame signs located in the
City of Irving waterline easement along U.S. 380.
Budget Impact:
There are no significant budget implications associated with the approval of the ordinance.
Legal Obligations and Review:
Legal review of the ordinance is not required.
Attached Documents:
1. An ordinance amending Sign Ordinance No. 10-010, Sections 1.09(D)(2)(b)(3),
1.09(G)(5)(b), and 1.09(O)(2)(b)(1).
Town Staff Recommendation:
Town staff recommends the Town Council approve the ordinance amending Sign Ordinance No.
10-010, Sections 1.09(D)(2)(b)(3), 1.09(G)(5)(b), and 1.09(O)(2)(b)(1).
Prosper is a place where everyone matters.
PLANNING
Page 1 of 3
TOWN OF PROSPER, TEXAS ORDINANCE NO. 12-17
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SIGN
ORDINANCE NO. 10-010, SECTIONS 1.09(D)(2)(b)(3), 1.09(G)(5)(b), AND
1.09(O)(2)(b)(1); PROVIDING FOR A PENALTY FOR THE VIOLATION OF
THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”) has investigated
and determined that Ordinance No. 10-010 (Sign Regulations) should be amended as set forth below; and
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to regulate signs within Prosper and its
Extraterritorial Jurisdiction (“ETJ”);
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to prevent potential traffic hazards resulting
from the signs’ distractions and locations;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to prevent nuisances;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to create a neat and orderly appearance
throughout Prosper;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to create a means to safely identify a place of
business and the services available on the premises without creating aesthetic offenses and harm;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to support the general economic development
of Prosper;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to support the general welfare of the citizens
and to maintain the historically small town atmosphere during a time of growth by providing for a means
to communicate information related to the non-residential community, civic activities and government;
Page 2 of 3
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to create appropriate and orderly commercial
and residential atmospheres;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to enhance property values and psychological
well-being for individuals and families;
WHEREAS, Prosper has complied with all notices as required by law; and
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best
interest of the citizens of Prosper to amend Ordinance No. 10-010 (Sign Regulations) as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Ordinance No. 10-010 (Sign Regulations), Section
1.09(D)(2)(b)(3). Ordinance No. 10-010, Section 1.09(D)(2)(b)(3) is hereby amended to read as follows:
3. Minimum setback is fifteen (15) feet from the front, side, and rear property lines. The minimum
setback from the front property line may be reduced to one (1) foot for a monument sign located in
the City of Irving waterline easement adjacent to U.S. 380 (University Drive).
SECTION 3: Amendment to Ordinance No. 10-010 (Sign Regulations), Section
1.09(G)(5)(b). Ordinance No. 10-010, Section 1.09(G)(5)(b) is hereby amended to read as follows:
b. The minimum front yard setback for a unified development sign is fifteen (15) feet from the property
line. The minimum setback from the front property line may be reduced to one (1) foot for a unified
development sign located in the City of Irving waterline easement adjacent to U.S. 380 (University
Drive).
SECTION 4: Amendment to Ordinance No. 10-010 (Sign Regulations), Section
1.09(O)(2)(b)(1). Ordinance No. 10-010, Section 1.09(O)(2)(b)(1) is hereby amended to read as follows:
1. Minimum setback is fifteen (15) feet from the adjacent street right-of-way. The minimum setback
from the street right-of-way may be reduced to one (1) foot for a wood frame sign located in the City
of Irving waterline easement adjacent to U.S. 380 (University Drive).
SECTION 5: Penalty Provision. Any person, firm, corporation or business entity violating this
Ordinance, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day’s violation under this
Page 3 of 3
Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall
not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 6: Savings/Repealing Clause. Ordinance No. 10-010 shall remain in full force and
effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in
conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution
for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced
for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinance shall remain in full force and effect.
SECTION 7: Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or
phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional or invalid.
SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption
and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, on this 26th day of June, 2012.
APPROVED AS TO FORM:
_____________________________
Ray Smith, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
____________________________
Amy Piukana, Town Secretary
DATE OF PUBLICATION: ______________________, Prosper Press
Agenda Item No._ - Page 1 of 2
To: Mayor and Town Council
From: Wade Harden, Senior Parks and Recreation Planner
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – June 26, 2012
Date: June 21, 2012
Agenda Item:
Consider and act upon an amendment to Ordinance 02-33 establishing a pavilion rental fee.
Description of Agenda Item:
The Town does not have a fee structure established for the use of Town pavilion facilities.
Frontier Park has one covered patio area on the west side of the baseball/softball complex and
will soon have an 80’ x 40’ pavilion with the completion of Windmill Playground area. The
covered patio area is not reserveable, being operated on a first come first served basis. The
plan is to continue to manage this location on a first come first serve basis due to the close
proximity to the playground and the number of citizens who show up on a daily basis to utilize
the location. The new pavilion is much larger in size and will be capable of facilitating small
Town events, family reunions, birthday parties, as well as other functions.
Town Staff is recommending a user fee be established for pavilion rentals that would apply to
the new pavilion in Frontier Park, as well as additional pavilions constructed in the future. Staff
has surveyed municipalities to compile the following information –
Anna $10 per hr resident / $20 per hr non-resident and $200 deposit
Celina $50 4 hrs (less than 50 people) / $75 (51-100 people) / $125 (more than 100 people)
Euless $250 Deposit / $50 4hrs residents / $100 4hrs non residents / $10 each additional hr
Frisco 1/2 day $35 to $45 residents / $70 to $90 non-residents (8am-1pm or 2pm-7pm)
Georgetown $50
Grapevine $330 resident / $370 non-resident per day (260 people)
Keller $25
Lewisville $50 and $3 fee per resident and $10 for non-residents / $50 deposit
McKinney $30 all day residents / $50 all day non-residents - Friday thru Sunday only
Melissa $75 Deposit w/ $50 refundable for residents $100 deposit with $50 refundable for non-residents
Legal Obligations and Review:
The draft Ordinance has been provided to the Town Attorney for review.
Attached Documents:
• Ordinance Amendment
• Pavilion
PARKS &
RECREATION
Prosper is a place where everyone matters.
Agenda Item No._ - Page 2 of 2
Parks and Recreation Board Recommendation (PARBd):
At the June 14, 2012 PARBd meeting, the Board recommended the Town Council establish a
Pavilion Rental Fee for the use of Town pavilion structures in the amount of $35 per half day (4
hours) for residents and $75 for half day (4 hours) for non-residents, and requiring a $100
deposit. The motion was approved by a vote of 6-0.
Town Staff Recommendation:
Town staff recommends the Town Council amend Ordinance 02-33 as drafted, establishing a
pavilion rental fee and security deposit for the use of Town pavilion structures.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 02-33 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS;
AMENDING ORDINANCE NO. 02-33 ESTABLISHING A FEE FOR THE RENTAL OF TOWN PAVILION FACILITIES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”) has investigated and
determined that Ordinance No. 02-33 of the Town of Prosper, Texas (“Prosper”) should be amended; and
WHEREAS, the Prosper Parks & Recreation Board has reviewed the proposed ordinance and recommends
adoption of the same by the Town Council; and
WHEREAS, the Town Council found and determined that it will be advantageous, beneficial and in the
best interest of the citizens of Prosper to amend Ordinance No. 02-33 as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS:
SECTION 1: Findings. The findings set forth above are incorporated into the body of this Ordinance as if
fully set forth herein.
SECTION 2: Amendment to Ordinance No. 02-33. Ordinance No. 02-33 is hereby amended to read as
follows:
XIII. Parks & Recreation User Fees.
A. Field User Fees. A ($5) five dollar fee per player per season shall be assessed for all Prosper
Youth Sports Association (PYSA) teams, Prosper Area Soccer Association (PASO) teams,
and teams whose rosters are comprised of 80% or more of PISD enrolled students. Fees
shall be paid in full prior to the use of any Town athletic field. The number of scheduled
practices and games will be assigned based on the individual league user agreements with
Town.
A ($30) thirty dollar per hour athletic field user fee with an additional ($15) fifteen dollar per
hour for use of the field lights shall be required for all other users.
B. Pavilion User Fees. A ($35) thirty-five dollar fee per (4) four hours for residents and a ($75)
seventy-five dollar fee per (4) four hours for non-residents for the rental of Town of Prosper
pavilion facilities. A security deposit of ($100) one-hundred dollars is required with the rental
of any pavilion location.
SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are
hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for
violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any
violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain
in full force and effect.
SECTION 4: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for
any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. Prosper hereby declares that it would have passed this
Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional.
SECTION 5: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and
sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND DOLLARS
($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal
provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper
retains all legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 6: Effective Date. Section “XIII” of this Ordinance shall become effective on June 26, 2012 and
upon its passage and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON
THIS 26th DAY OF JUNE, 2012.
_____________________________________
Ray Smith, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
____________________________
Amy Piukana, Town Secretary
Agenda Item No._ - Page 1 of 2
To: Mayor and Town Council
From: Wade Harden, Senior Parks and Recreation Planner
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – June 26, 2012
Date: June 21, 2012
Agenda Item:
Consider and act upon 1) an application to Collin County Parks & Open Space Project Funding
Assistance Program and 2) a resolution authorizing the Town Manager to execute the same.
Description of Agenda Item:
The County Funding Assistance Program has been in place since 1999, utilizing County bond
funds. The Town of Prosper has been awarded the assistance on four separate occasions.
The funding assistance matches the Town’s dollars and in-kind donations at a one to one ratio.
The maximum dollar amount the Town has received is $500,000, with applications due July 9th.
Priorities of the program include land acquisition and hike & bike trails.
The Town was awarded funding assistance in the amount of $400,000 as part of the 2011
funding cycle. The funds were awarded for the purchase of Waterline Community Park. The
funds have yet to be expended which may impact the award of additional funds for the 2012
funding cycle.
It is Town staff’s recommendation that the Town apply for a grant to complete the construction
of the Pecan Grove hike & bike trail north out of Pecan Grove Park to E. First Street. Hike &
bike trails being a priority established by the program. The existing trail extends north out of the
park approximately 1,820 linear feet where it terminates. The plan is to continue the existing
trail with an additional 1,500 linear feet of eight foot wide trail. The extension will connect to the
trail head location by the Fire Station and have parking when the First Street improvements are
complete. The estimated cost of connection is $60,000.
Budget Impact:
2011 Bond Funds could be utilized to match an award from Collin County.
Legal Obligations and Review:
Legal review of this item is not required.
Attached Documents:
The following documentation is being provided for review:
1. Trail Connection Map
2. Resolution
PARKS &
RECREATION
Prosper is a place where everyone matters.
Agenda Item No._ - Page 2 of 2
Parks & Recreation Board Recommendation:
During the June 14th Parks & Recreation Board approved the application to the Collin County
Parks & Open Space Project Funding Assistance Program for the construction of the Pecan
Grove Park trail connection, by a vote of 6-0.
Town Staff Recommendation:
Town staff recommends that the Town Council approve 1) approve an application to the Collin
County Parks & Open Space Project Funding Assistance Program for construction of the Pecan
Grove Park trail connection; and 2) a resolution authorizing the Town Manager to execute the
same.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-45
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY DESIGNATING THE TOWN MANAGER
AS PROJECT OFFICIAL / REPRESENTATIVE TO ACT ON BEHALF
OF THE TOWN IN DEALING WITH COLLIN COUNTY FOR THE
PURPOSE OF PARTICIPATING IN THE COLLIN COUNTY PARKS
AND OPEN SPACE FUNDING ASSISTANCE PROGRAM
(HEREAFTER REFERRED TO AS “GRANT PROGRAM”); AND
AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR
FUNDING ASSISTANCE.
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
designated as the Project Official / Representative to act on behalf of the Town in
dealing with Collin County concerning the Grant Program.
SECTION 2: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to make application to Collin County for funding assistance under the Grant
Program for development of the project known as the Pecan Grove Hike & Bike Trail
Extension.
SECTION 3: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 26th day of June, 2012.
___________________________
Ray Smith, Mayor
ATTEST:
___________________________
Amy Piukana, Town Secretary
Page 1 of 1
To: Mayor and Town Council
From: Amy Piukana, TRMC; Town Secretary
Cc: Mike Land, Town Manager
Re: Town Council Meeting – June 26, 2012
Date: June 21, 2012
Agenda Item:
Consider and act upon accepting the resignation of Dave Benefield in Town Council Place 1.
Description of Agenda Item:
Dave Benefield has accepted a new employment opportunity and has submitted his resignation
letter for Town Council Place 1. According to Section 201.023 of the Texas Election Code, the
governing body must accept the resignation.
Attached Documents:
The following documentation is being provided for review:
Letter of resignation
Town Staff Recommendation:
Town staff recommends that the Town Council accept the resignation of Dave Benefield for
Town Council Place 1.
Administration
Prosper is a place where everyone matters.
Page 1 of 1
To: Mayor and Town Council
From: Amy Piukana, Town Secretary
CC: Mike Land, Town Manager
Re: Town Council Meeting – June 26, 2012
Date: June 22, 2012
Agenda Item:
Consider and act upon Resolution No. 12-46, ordering a Special Election for Saturday,
September 15, 2012 to fill a vacancy for Town Council Place 1 for the remainder of the current
term.
Description of Agenda Item:
The Main Early Voting location will be at Town of Prosper Municipal Chambers, 108 W.
Broadway, Prosper, Texas or Denton County voters may also Early Vote at Denton County
Elections Office, 401 W. Hickory, Suite 125, Denton, Texas.
The Election Day polling site will be at the Town’s regular site (Prosper Community Library,
Reynolds Middle School, 700 N. Coleman Road.)
The proposed resolution orders the election and authorizes joint election services with Denton
County and appoints the Election Judge and Alternate Judge.
Attached Documents:
Resolution No. 12-46
Notice to file application for place on the ballot.
Town Staff Recommendation:
Town staff recommends that the Town Council approve Resolution No. 12-46, ordering a
Special Election for September 15, 2012 to fill the vacancy created in Town Council Place
1 for the remainder of the current term, as presented.
Prosper is a place where everyone matters.
ADMINISTRATION
Order of September 15, 2012 Special Election Page 1
611605.1
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-46
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
COLLIN AND DENTON COUNTIES, TEXAS, ORDERING A SPECIAL
ELECTION TO FILL THE VACANCY CREATED IN TOWN COUNCIL
PLACE 1 FOR THE REMAINDER OF THE CURRENT TERM;
DESIGNATING EARLY VOTING LOCATIONS; ORDERING NOTICES OF
ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION
WITH SUCH ELECTION; AND PROVIDING FOR THE APPOINTMENT OF
ELECTION JUDGES
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, THAT:
SECTION 1: A special election is hereby ordered to be held on Saturday, September 15, 2012,
for the purpose of electing an individual to fill the vacancy created in Town Council Place 1 for the
remainder of the current term (thru May 2013).
Said Election shall be administered by the Denton County Elections Administrator.
SECTION 2: Early voting by personal appearance shall be available at: Prosper Municipal
Chambers, 108 W. Broadway, Prosper, Texas 75078; or at the Denton County Elections Office, Joseph
A. Carroll Bldg., 401 W. Hickory, Ste. 125, Denton, Texas 76201. Early voting will begin on
Wednesday, August 29, 2012, thru Friday, September 7, 2012, during the normal weekday working
hours of 8:00 a.m. to 5:00 p.m., with extended voting hours on Saturday, September 10, 2012, and
Sunday, September 11, 2012, from 7:00 a.m. to 7:00 p.m. Applications for ballot by mail shall be
requested from and mailed to the Denton County Elections Office, Attn. Frank Phillips, Elections
Administrator, Joseph A. Carroll Bldg., 401 W. Hickory, Ste. 125, Denton, Texas 76201. Applications
for ballots by mail must be received no later than the close of business on the seventh (7th) day before
election day.
SECTION 3: Direct Record Electronic (DRE) voting machines shall be used in this election for
early voting by personal appearance and Election Day voting. Optical-scan ballots shall be used for
early voting by mail.
SECTION 4: The Town Secretary is hereby authorized and directed to publish and/or post, in
the time and manner prescribed by law, all notices required to be so published and/or posted in
connection with the conduct of this election. The election, including providing notice of the election,
shall be conducted in accordance with the Texas Election Code and other applicable law, and all
resident qualified and registered voters of the Town shall be eligible to vote at the election.
SECTION 5: Upon the receipt of recommendations from the Town Secretary and/or the
Denton County Elections Administrator, the Town Council shall appoint the early voting and Election
Day judges.
In the event the appointed judges are unable to execute or complete their duties for any reason,
the Town Secretary and/or Denton County Elections Administrator may identify alternate judges that
the Town Council shall appoint as soon as possible.
Order of September 15, 2012 Special Election Page 2
611605.1
The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney, are
hereby authorized and directed to take any and all actions necessary to comply with the provisions of the
Texas Election Code and any other state or federal law in carrying out and conducting the election,
whether or not expressly authorized herein.
DULY PASSED AND APPROVED by the Town Council of the Town of Prosper, Collin, and
Denton Counties, Texas on this the 26th day of June, 2012.
___________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Amy Piukana, Town Secretary
CIUDAD DE PROSPER, TEXAS RESOLUCIÓN NO. 12-46
UNA RESOLUCIÓN DEL AYUNTAMIENTO DE LA CIUDAD DE PROSPER,
CONDADOS DE COLLIN Y DENTON, TEXAS, SE ORDENA LA ELECCIÓN
ESPECIAL PARA LLENAR UN VACANTE PRODUCIDA EN LA CIUDAD LUGAR
DEL CONSEJO 1 POR EL RESTO DEL TÉRMINO ACTUAL; DESIGNAR LUGARES
DE VOTACIÓN TEMPRANA; ORDENAR LOS ANUNCIOS DE LA ELECCIÓN QUE
SE DA CONFORME A LA LEY EN RELACIÓN CON DICHA ELECCIÓN, Y PARA
PROVEER EL NOMBRAMIENTO DE JUECES ELECTORALES
AHORA, POR LO TANTO, SE RESUELVE POR EL AYUNTAMIENTO DE LA
CIUDAD DE PROSPER, TEXAS, QUE:
SECCIÓN 1: Una elección especial se ordena para que se lleve acabo el Sábado, 15 de
Septiembre 2012, con el propósito de elegir a una persona para llenar la vacante creada en la
ciudad de un lugar del Consejo por el resto del actual termino (hasta Mayo 2013).
Dicha elección será administrada por el administrador de elecciones del Condado de
Denton.
SECCIÓN 2: votación temprana en persona estará disponible en: la cámaras municipals
de Prosper, 108 W. Broadway, Prosper, Texas 75078; o en la Oficina de elecciones del Condado
de Denton, Joseph A. Carroll Bldg., 401 W. Hickory, Ste 125, Denton, Texas 76201. Votación
temprana comenzará el Miércoles, 29 de Agosto de 2012, hasta Viernes, 7 de Septiembre de
2012, durante el día de semana normal horarios de 8:00 a.m. a 5:00 p.m., con horario extendido
de votación el Lunes, 10 de Septiembre del 2012, y Martes, 11 de Septiembre de 2012, de 7:00
a.m. has las 7:00 p.m. Las solicitudes de voto por correo serán solicitadas y enviadas a la
Oficina de Elecciones del Condado de Denton Attn. Frank Phillips, Administrador de las
Elecciones, Joseph A. Carroll Bldg., 401 W. Hickory, Ste 125, Denton, Texas 76201. Las
solicitudes de boletas por correo deben recibirse no más tarde del cierre de las operaciones en el
éptimo día (7) antes del día de la elección.
SECCIÓN 3: Las máquinas de votación directa de registro electrónico (DRE) se
utilizarán en esta elección para la votación temprana por apariencia personal y el día de la
elección. Se utilizarán las boletas de escaneo óptico para la votación temprana por correo.
SECCIÓN 4: El Secretario de la ciudad esta autorizado y dirigido a publicar, en el
tiempo y forma prescrito por la ley, todos los avisos que se requiera ser publicados o escritos en
relación con la conducta de esta elección. La elección, además de proporcionar el aviso de la
elección, se llevará a cabo de conformidad con el código electoral de Texas y otras leyes
aplicables, y todos los votantes registrados y calificados residentes de la ciudad serán elegibles
para votar en la elección.
SECCIÓN 5: Al recibir las recomendaciones de la Secretaria de la ciudad o del
Administrador de Elecciones del Condado de Denton, el Ayuntamiento designará la votación
temprana y el día de la elección de jueces.
En caso de que los jueces nombrados son incapaces de ejecutar o completar sus deberes
por cualquier motivo, el Secretario de la ciudad o el Administrador de Elecciones del Condado
de Denton se puede identificar a los magistrados suplentes que el Ayuntamiento nombrará tan
pronto como sea possible.
El Alcalde y el Secretario de la ciudad, en consulta con el Abogado de la Ciudad, por lo
presente esta autorizado y dirigida a tomar cualquier y todas las acciones necesarias para cumplir
con lo dispuesto en el código electoral de Texas y cualquier otra ley estatal o federal en la
realización y la realización de las elecciones, sean o no expresamente autorizado en este
documento.
DEBIDAMENTE PASADO Y APROBADO por el Ayuntamiento de la Ciudad de
Prosper, y los condados de Collin, y Denton, Texas en este el 26 día de Junio del 2012.
_________________________
Ray Smith, Alcalde
ATESTO:
_________________________
Amy Piukana, Secretario de la Ciudad
NOTICE OF DEADLINE TO FILE APPLICATIONS FOR
PLACE ON THE BALLOT FOR SPECIAL ELECTION
TO FILL VACANCY ON THE TOWN COUNCIL (PLACE 1)
(AVISO DE FECHA LIMITE PARA PRESENTAR SOLICITUDES PARA UN LUGAR EN LA
BOLETA)
Notice is hereby given that applications to fill the vacancy on the Town Council (Place 1) in the
Town of Prosper September 15, 2012 Special Election ballot may be filed during the following
time:
(Se da aviso por lo presente que las solicitudes para un lugar en la boleta de la Eleccion especial
de la Ciudad de Prosper el 15 de Septiembre de 2012 se pueden presenter durante el siguiente
horario):
Filing Dates and Time:
(Fechas y Horario para Entregar Presentaciones)
Start Date: Tuesday, June 26, 2012, at 7:00p.m End Date: Monday, July 16, 2012, at 5:00 p.m.
(Fecha Inicio) Martes, 26 de Junio de 2012 7:00p.m. (Fecha Limite): Lunes, 16 de Julio 2012
5p.m.
Office Hours: 8:00 a.m. to 5:00 p.m. Monday through Friday
(Horario de la Oficina): 8:00a.m. hasta 5:00 p.m. De Lunes a Viernes
Physical address for filing applications in person for place on the ballot:
(Dirección física para presenter las solicitudes en persona para un lugar en la boleta)
Town of Prosper
Amy Piukana, Town Secretary
121 W. Broadway
Prosper, TX 75078
Address to mail applications for place on the ballot (if filing by mail):
(Direccion para enviar las solicitudes para un lugar en la boleta (en caso de presentar por correo)
Town of Prosper
Amy Piukana, Town Secretary
PO Box 307
Prosper, TX 75078
_____________________________
Printed Name of Filing Officer
(Nombre en letra de molde del official de Archivos)
_____________________________
Signature of Filing Officer
(Firma del Oficial de Archivos)
_____________________________
Date Posted (Fecha archivada)
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 26, 2012
Date: June 21, 2012
Agenda Item:
A public hearing to consider and act upon the 2012 Town of Prosper Comprehensive Plan Update.
(CA12-0001).
Description of Agenda Item:
Chapter 213 of the Texas Local Government Code allows for municipalities to adopt a
Comprehensive Plan for the long range development of the municipality. The Texas Local
Government Code also allows for the municipality to define the content and design of the
Comprehensive Plan. The Town’s Charter requires the Town’s Comprehensive Plan include the
Future Land Use Plan and Thoroughfare Plan. The Charter notes the Comprehensive Plan shall
serve as a guide to all future Town Council action concerning land use and development
regulations and expenditures for capital improvements. The Town’s existing Comprehensive Plan
was adopted by the Town Council on October 26, 2004.
On March 8, 2011, the Town Council approved a professional services agreement between the
Town of Prosper and Freese & Nichols, Inc., regarding the update of the Town’s Comprehensive
Plan, which includes updating the Town’s vision, goals and objectives, Future Land Use Plan,
transportation plan, infrastructure assessment, housing strategies plan, economic analysis, and
implementation plan.
On April 26, 2011, the Town Council appointed the Comprehensive Plan Advisory Committee
(CPAC) to serve in an advisory capacity to the Planning & Zoning Commission and Town Council.
The CPAC held seven meetings, from May 2011 – March 2012, to assist Freese & Nichols, Inc.
and Town staff in securing a better understanding of the community’s vision and to review sections
of the Comprehensive Plan Update as they were drafted. In addition to regular CPAC meetings, in
June 2011 and February 2012, Town Hall meetings were held to inform citizens of the
Comprehensive Plan Update process and to receive input on the draft Comprehensive Plan. On
March 19, 2012, the CPAC made final comments on the draft Comprehensive Plan and approved
a motion to start the public hearing process to adopt the Comprehensive Plan.
The Planning & Zoning Commission requested Town staff summarize several significant
recommendations or estimates included in the draft 2012 Comprehensive Plan Update that are
different from the 2004 Comprehensive Plan. These changes are noted below:
1. Vision Statement – The 2004 Comprehensive Plan does not include a vision statement.
The draft Comprehensive Plan Update includes a vision statement that reads, “Prosper is a
Prosper is a place where everyone matters.
PLANNING
community for a lifetime; rooted in family values, exemplary schools, distinctive and
distinguished neighborhoods, and a “small town feel,” it is a true place to call home. We
aspire to create a residential oasis in an ever increasing urban area. We envision a
community with spacious, family-friendly neighborhoods, exceptional shopping areas,
excellent services, a business friendly environment and a responsive government where
citizens have a say.”
2. Single Family Densities and Lot Size – The 2004 Comprehensive Plan recommends
densities of less than 2.0 dwelling units per acre in low density residential areas and
between 2.1 and 3.5 dwelling units per acre in medium density residential areas. The 2004
Plan does not include a recommendation on lot sizes. The draft Comprehensive Plan
Update recommends densities of less than 1.6 dwelling units per acre in low density
residential areas and between 1.6 to 2.5 dwelling units per acre in medium density
residential areas. The draft Comprehensive Plan Update also recommends lot sizes
greater than 15,000 square feet in low density residential areas and between 12,500 –
20,000 square feet in medium density residential areas.
3. Multifamily – The 2004 Comprehensive Plan supports 215 acres of multifamily use and an
additional 100 acres of mixed use with multifamily use, including an estimate of 3,425
multifamily units. The draft Comprehensive Plan Update recommends no additional garden
style multifamily units be constructed (648 units exist today) and when opportunities arise,
the Town should work with developers to construct other forms of high density residential
units, such as mixed use apartments, patio homes, snout homes, townhomes, and
brownstones, to replace the 2,746 garden style apartments currently allowed to develop by
existing zoning in Prosper.
4. Artesia Municipal Utility District (MUD) in Denton County (Prosper’s ETJ), north of Fishtrap
Road, east of Teel Parkway – The 2004 Comprehensive Plan did not recognize the Artesia
MUD in Denton County and recommended medium density residential for the area. The
draft Comprehensive Plan Update recognizes the existing Artesia development and the
area is shown as High Density Residential on the proposed Future Land Use Plan. Artesia
has been platted and has the right to develop 2,170 single family units and 600 multifamily
units.
5. Ultimate Capacity (build-out population) – The 2004 Comprehensive Plan estimates a build-
out population of 89,919 people. The draft Comprehensive Plan Update estimates a build-
out population of 69,303 people. This reduction is due primarily to the lower single family
residential densities recommended in the draft Comprehensive Plan Update.
6. Addition of the Business Park District, east of Dallas North Tollway, north of First Street,
west of BNSF Railroad, south of Prosper Trail (removal of Neighborhood Office District) –
Due to the nature of the existing zoning and development in this area, the draft
Comprehensive Plan Update recommends a variety of potential land uses in this area, such
as light industrial, commercial warehousing, office storage, and commercial uses with
outside storage. The 2004 Comprehensive Plan recommended neighborhood office uses
for this area. The draft Comprehensive Plan Update allows for neighborhood office uses in
the Retail and Neighborhood Services District.
7. Removal of the Commercial Boulevard and Industrial Districts, west of Dallas North
Tollway, along US 380 – The 2004 Comprehensive Plan recommends industrial uses along
US 380, west of the Dallas North Tollway, and includes a Commercial Boulevard District,
north of the Industrial District, to extend non-residential uses to Fishtrap Road
(approximately one mile north of US 380). The draft Comprehensive Plan Update shows
medium density residential in place of the Commercial Boulevard District and the Industrial
District has been replaced with the Highway 380 District, which allows for a variety of uses,
including big box retail, commercial service uses, hotels, banks, convenience store with gas
stations, home service centers with outside storage, and other similar uses the community
may not necessarily desire along Preston Road or the Dallas North Tollway. The Highway
380 District also allows for certain high density residential uses to serve as a buffer
between more intense activity along US 380 and lower density residential areas to the
north.
8. Retail space – The 2004 Comprehensive Plan estimates the Town’s build-out population of
89,919 people would support 1,900,000 square feet of retail space, but due to the regional
draw and location of the retail space, the 2004 Future Land Use Plan accommodates
5,782,216 square feet of retail space, or approximately 737 acres of retail development
(based on a floor to area ratio of 0.18:1). The draft Comprehensive Plan Update includes a
more thorough retail analysis and estimates the Town’s build-out population of 69,903
people would support 2,853,379 square feet of retail space, but due to the regional draw
and location of the retail space, the draft Comprehensive Plan Update expects 5,942,542
square feet of retail space, or approximately 758 acres of retail development (based on a
floor to area ratio of 0.18:1) to be supported. Due to the amount of existing neighborhood
service retail zoning (does not include retail along the 380 corridor, the Dallas North Tollway
corridor, or in the Town Center District at Preston/380), the draft Comprehensive Plan
Update recommends any additional neighborhood service retail zoning be avoided.
9. Downtown Prosper – The 2004 Comprehensive Plan designated downtown Prosper as a
special district called the Old Town Core District, but it did not include specific
recommendations on land use or transportation. In 2007, the Town Council adopted a land
use plan for the Old Town Core District. The draft Comprehensive Plan Update includes a
revised land use plan and a detailed transportation plan, including roadway profiles, for the
Old Town District.
10. Transit Oriented Development with passenger rail – The 2004 Comprehensive Plan does
not mention the possibility of future passenger rail service on the BNSF Railroad. The draft
Comprehensive Plan Update addresses the possibility of passenger rail in the future, along
with the possibility of locating transit oriented development near the intersection of the
BNSF Railroad and First Street.
Budget Impact:
There are no significant budget implications associated with approval of the Comprehensive Plan
Update, but the Comprehensive Plan shall serve as a guide to all future Town Council action
concerning land use and development regulations and expenditures for capital improvements.
Legal Obligations and Review:
The Towns Charter requires the Town Council to hold at least one public hearing prior to taking
action on any additions or amendments to the Comprehensive Plan.
Attached Documents:
1. The 2012 Comprehensive Plan Update.
2. Freese & Nichols PowerPoint presentation for the June 26th public hearing.
3. Minutes from the May 15, 2012 Planning & Zoning Commission Meeting.
4. Economic Analysis Explanation from Freese & Nichols.
5. Summary of Planning & Zoning Commission’s Requested Changes.
6. Draft Executive Summary.
Planning & Zoning Commission Recommendation:
At their May 15, 2012 meeting, the Planning & Zoning Commission recommended the Town
Council approve the 2012 Town of Prosper Comprehensive Plan Update by a vote of 4-3, subject
to:
1. The Commission’s list of requested changes being reconciled in the Comprehensive Plan,
and
2. The addition of an executive summary, which is to include the Future Land Use Plan, being
placed at the beginning of the Comprehensive Plan.
Commissioners Senkel, McClung, and Cox voted in opposition to the motion. Commissioners
Senkel, McClung, and Cox had previously voted in support of a motion to approve the
Comprehensive Plan Update subject to the Commission’s list of requested changes being
reconciled in the Comprehensive Plan and removing the references to lot sizes on pages 39, 47,
and 61 of the Comprehensive Plan. That motion failed by a vote of 3-4. The minutes from the May
15, 2012 Planning & Zoning Commission meeting are attached.
Town Staff Recommendation:
Town staff recommends the Town Council hold a public hearing to receive comments regarding
the 2012 Town of Prosper Comprehensive Plan Update. Once the public hearing is closed, the
Town Council may take action on the Comprehensive Plan Update. Action may include the
following possible motions; 1) motion to approve as written, 2) motion to approve subject to
changes or conditions, 3) motion to table (typically to allow time for additional comments or
questions to be addressed, or to make changes to the Plan), or 4) motion to deny.
If the Comprehensive Plan Update is approved by the Town Council, Town staff will prepare an
ordinance adopting the Comprehensive Plan Update and will place the ordinance on the agenda of
the next regularly scheduled Town Council meeting.
The Town Charter does require the Town Council to adopt or reject the proposed revision to the
Comprehensive Plan within sixty (60) days. The last regularly scheduled Town Council meeting
within the sixty (60) day time frame is scheduled for August 14, 2012.
ProsperComprehensivePlan
TownofProsper,Texas
AdoptedXXXX,2012
Prosperisaplacewhereeveryonematters.
i Town of Prosper, TX
Comprehensive Plan
Acknowledgements
TOWN COUNCIL MEMBERS
Ray Smith, Mayor
Dave Benefield, Place 1
Kenneth Dugger, Place 2, Mayor Pro-Tem
Curry Vogelsang Jr., Place 3
Meigs Miller, Place 4
Danny Wilson, Place 5
Jason Dixon, Place 6
PLANNING & ZONING COMMISSION MEMBERS
Mark DeMattia, Chair
Mike McClung, Vice Chair
Chris Keith, Secretary
Bruce Carlin
Jim Cox
Bill Senkel
Rick Turner
COMPREHENSIVE PLAN ADVISORY COMMITTEE
Jason Dixon, Chair
Craig Moody, Vice Chair
Ane Casady, Secretary
Kelly Cooper
Mark DeMattia
Michael Goddard
Kyle Huckelberry
Ann Lieber
Meigs Miller
Eric Nishimoto
Jordan Simms
Daniel Ting
Doug Trumbull
TOWN STAFF
Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development
Services/Town Engineer
Chris Copple, AICP, Planning Director
CONSULTANT: FREESE AND NICHOLS, INC
Dan Sefko, FAICP, Group Manager
Edmund Haas, AICP, Project Manager
Brandon Gonzalez, Project Planner
ii
Comprehensive Plan
Town of Prosper
iii Town of Prosper, TX
Comprehensive Plan
Table of Contents
WHAT IS A COMPREHENSIVE PLAN? ............................................................................ 1
PLANNING TO PLAN ..................................................................................................... 2
Regional Relationship ............................................................................................................................... 3
Population Analysis ................................................................................................................................... 4
Regional Growth ....................................................................................................................................... 5
Housing Characteristics ............................................................................................................................. 6
Existing Land Use ...................................................................................................................................... 7
Development Patterns .............................................................................................................................. 8
Physical Development Patterns ................................................................................................................ 9
Town Limits ............................................................................................................................................. 11
Planning Context ..................................................................................................................................... 13
Regional Initiatives .................................................................................................................................. 17
COMMUNITY VISION ................................................................................................. 19
Comprehensive Plan Advisory Committee (CPAC) ................................................................................. 20
SWOT Analysis......................................................................................................................................... 21
Vision Statement ..................................................................................................................................... 22
Visual Character Survey .......................................................................................................................... 23
Town Hall Meeting .................................................................................................................................. 32
Community Goals .................................................................................................................................... 36
COMMUNITY CHARACTER .......................................................................................... 37
Process .................................................................................................................................................... 38
Land Use Types ....................................................................................................................................... 39
Density .................................................................................................................................................... 44
Land Use Map ......................................................................................................................................... 44
Land Use Acreages .................................................................................................................................. 47
Ultimate Capacity .................................................................................................................................... 47
Population Projections ............................................................................................................................ 49
Community Livability .............................................................................................................................. 50
Land Use Concepts .................................................................................................................................. 51
Livable Neighborhoods ........................................................................................................................... 58
Corridors and Districts ............................................................................................................................ 65
Image Enhancement ............................................................................................................................... 71
Maintaining compatibility between the Zoning Map and the Future Land Use Plan ............................. 74
iv
Comprehensive Plan
Town of Prosper
TRANSPORTATION PLAN ............................................................................................ 75
Planning Context ..................................................................................................................................... 76
Existing Conditions .................................................................................................................................. 79
Projected Conditions ............................................................................................................................... 79
Planning Principles .................................................................................................................................. 81
Transportation Plan ................................................................................................................................ 85
Transportation Plan Map ........................................................................................................................ 87
Cross Sections ......................................................................................................................................... 89
Plan Modifications .................................................................................................................................. 93
ECONOMIC ANALYSIS ................................................................................................ 97
Analysis from Catalyst ............................................................................................................................. 97
Future Land Use Plan Acreage ................................................................................................................ 98
Analysis ................................................................................................................................................... 99
Economic Analysis Conclusion .............................................................................................................. 102
INFRASTRUCTURE ASSESSMENT ............................................................................... 103
Previous Planning Efforts ...................................................................................................................... 103
Infrastructure Goals and Objectives ..................................................................................................... 103
Water System ........................................................................................................................................ 104
Wastewater System .............................................................................................................................. 109
Storm Drain System .............................................................................................................................. 113
IMPLEMENTATION PLAN .......................................................................................... 115
Proactive and Reactive Implementation............................................................................................... 115
Roles of the Comprehensive Plan ......................................................................................................... 116
Regulatory Mechanisms ........................................................................................................................ 117
Implementation Objectives and Strategies .......................................................................................... 118
1 Town of Prosper, TX
Comprehensive Plan
PLANNING CONTEXT
What is a Comprehensive Plan?
The comprehensive plan for the Town of
Prosper is intended to guide and direct future
development decisions made by Town staff,
elected officials and all other decision makers.
The comprehensive plan tells the story of who
the community is and what it wishes to
become. This document is intended to serve as
a flexible long-range planning tool that guides
the growth and physical development of
Prosper for ten years, twenty years or an even
longer period of time.
The Comprehensive Plan is a long-range
statement of public policy. According to
Chapter 213 of the Texas Local Government
Code, a comprehensive plan may:
x Include but is not limited to provisions
on land use, transportation and public
facilities;
x Consist of a single plan or a coordinated
set of plans organized by subject and
geographic area;
x Be used to coordinate and guide the
establishment of development
regulations.
Legal Authority
The right for a community to plan is rooted in
the Texas Local Government Code. The
following are the specific chapters which
directly relate to the Town’s ability to plan.
x Chapter 211: Allows the governing body
of a community to regulate zoning.
x Chapter 212: Allows the governing
body of a community to regulate
subdivision development within the City
and Extraterritorial Jurisdiction (ETJ).
x Chapter 213: Allows the governing body
of a community to create a
comprehensive plan for the long-range
development of the community and to
address a wide range of issues including
land use and transportation.
When putting together a puzzle, it is
often helpful to know what the
ultimate outcome of the puzzle will
be.
While you would still be able to
assemble the puzzle without the
vision, knowing your ultimate vision
makes assembling the puzzle much
easier. The Comprehensive Plan
works in this same fashion…it serves
as the vision and makes assembling
the various pieces of the
development puzzle much easier.
Whil ld till b bl t
2
Comprehensive Plan
Town of Prosper
PLANNING CONTEXT
Planning to Plan
The Town of Prosper sits at an exciting and
determining point in its history. Decisions made
now will have a lasting physical impact on the
Town for generations to come. The Town has a
significant amount of vacant land, and while
many pre-arranged development agreements
currently exist, the ultimate objective of this
Plan is to set policies and a vision to ultimately
guide such developments, ensuring that all
development that occurs within Prosper is
compatible and fits into the community’s long
term vision.
This 2012 Comprehensive Plan (Plan) will serve
as the compass, or guide for the long-term
growth of the Town. The following Plan will
include an examination of the following issues:
x Future Land Use;
x Livability
x Transportation;
x Economic Analysis; and
x Infrastructure.
A comprehensive plan, however visionary, must
also be rooted in the present. Therefore, prior
to examining the above elements, it will be
important and helpful to understand where
Prosper is today and what planning efforts have
been conducted prior to this Plan. This starting
point, or baseline analysis, will allow
coordination with previous planning efforts.
This examination will be helpful to establish an
understanding of Prosper’s population growth,
housing characteristics, existing land use,
physical constraints and past planning efforts.
Over the past several decades, rapid
development has defined the northern side of
the Dallas/Fort Worth Metropolitan Area. The
DFW Metro Area is now ranked as the 4th
largest metropolitan area in the nation and is
expected to nearly double in size by the year
2050. Growth is not a question, but is
inevitable. Community planning, a vision
accompanied by guiding policies, will help
ensure that Prosper develops in an orderly
fashion, considering and respecting the
physical values of the community and
protecting the quality of life which makes
Prosper one of DFW’s most livable
communities.
3 Town of Prosper, TX
Comprehensive Plan
PLANNING CONTEXT
Regional Relationship
The Town of Prosper is located at the
northern edge of the Dallas/Fort Worth
Metropolitan area, in western Collin
County and eastern Denton County. The
Town’s immediate neighbors include
Frisco, McKinney, Celina and Little Elm.
The Town of Prosper is currently situated
at the northern terminus of the Dallas
North Tollway and future expansions will
take the Tollway through the Town. The
Tollway provides direct access to
Downtown Dallas as well as to other
major regional highways, such as Highway
121/Sam Rayburn Tollway, President
George Bush Turnpike and IH 635/LBJ.
Highway 380, traversing the southern
border of the Town, provides access to the
cities of McKinney and Denton and to
Interstate 35 and Highway 75/Central
Expressway.
Location Mileage
Downtown Dallas 34
Love Field 31
DFW Airport 33
Stonebriar Centre (Frisco) 11
Dallas Galleria 23
Addison 22
McKinney (downtown) 13
Denton 20
75 Central Expressway 11
Interstate 35 23
SH 121 12
President George Bush Turnpike 18
gp
4
Comprehensive Plan
Town of Prosper
PLANNING CONTEXT
Population Analysis Examining historical population growth trends
helps to tell the story of how Prosper has grown
in the past and may give some insight into how
Prosper may grow in the future. There are a
number of different variables that must be
considered when examining population growth
trends, but one of the primary factors is
location. Communities in rural areas, not
adjacent to a major metropolitan area, typically
experience very gradual yet steady growth over
time. Many rural communities experience very
little growth at all, and in some cases
experience negative growth, or decline.
Communities near metropolitan areas,
however, are characterized differently.
Typically speaking, communities on the fringe of
metropolitan areas began as rural, somewhat
isolated communities characterized by slow but
steady growth. Eventually, the urbanized/
developed area encroaches on these rural
communities causing a period of very rapid and
robust growth until the community reaches its
carrying capacity, or build-out. At this point,
the growth rapidly slows once again. This
pattern has characterized growth within the
North Dallas region. Garland, Richardson,
Plano, Frisco and McKinney are all examples of
this type of growth.
When examining historical growth patterns for
the Town of Prosper, we see that Prosper, too,
fits into this type of growth pattern. In 1970,
the community contained only 500 residents.
Between 1970 and 2000, the community added
approximately 1600 residents. Since 2000,
however, the Town has added over 7,000 new
residents, indicating that Prosper has likely
reached the beginning of a period of rapid and
robust growth. Although impossible to predict
the future housing market, reasonable
assumptions seem to indicate that this period of
rapid growth over the past 10 years was not an
accident, but is indicative of the rapid northern
expansion of the DFW Metropolitan Area.
Based on this assumption, it is likely that rapid
and robust growth will continue to characterize
Prosper for the decades to come.
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
10,000
11,000
1970 1980 1990 2000 2010
Year Population Change Growth CAGR*
1970 501 - -
7.6%
1980 675 174 34.7%
1990 1,018 343 50.8%
2000 2,097 1,079 106.0%
2010 9,350 7,253 345.9%
*Compound Annual Growth Rate
Source: United States Census
Population Synopsis
From 1970 to 2000, the Town of Prosper
experienced relatively fast, but steady,
population growth. Since 2000, however, the
Town has experienced very rapid and robust
growth and reached a population of 9,350
residents according to the 2010 U.S. Census.
2011 NCTCOG Population estimates put the
population of Prosper at 10,550 residents.
The Compound Annual Growth Rate (CAGR) is a
method of analyzing annual average rates of
growth. Between 1970 and 2010, Prosper
experienced a CAGR of 7.6 percent. Generally
speaking, this is a high rate of growth for a
community. Since 2000, the CAGR for the
community has risen dramatically to 16.1
percent.
he
in2011: 10,550
2010: 9,350
5 Town of Prosper, TX
Comprehensive Plan
PLANNING CONTEXT
Regional Growth
2010 U.S. Census numbers provided insight into
just how rapidly the State of Texas, and its
metropolitan areas, are growing. The
Dallas/Fort Worth Metropolitan area added
nearly 1,500,000 people during the 2000-2010
period. Collin County, in particular, has
experienced some of the most robust growth
over the past several decades. Collin County
alone added nearly 200,000 new residents
between 2000 and 2010 and is rapidly
approaching the 1,000,000 resident mark, a
significant milestone considering that only
67,000 residents called Collin County home in
1970.
Between 1970 and 2000, Little Elm and Frisco
experienced the fastest rates of growth. Since
2000, however, Little Elm and Prosper have
experienced the highest rates of growth at
21.7% and 16.2% respectively. Although Frisco
experienced the third highest rate of growth
between 2000 and 2010, the City experienced
the highest numerical increase, adding over
83,000 new residents during the past decade. It
is also important to note that Prosper and every
one of its neighbors experienced higher rates of
growth over the past decade than in the prior
years. This indicates that growth within Prosper
and its neighbors is increasing.
Place Year CAGR
1970-
2000
CAGR
2000-2010
1970 1980 1990 2000 2010
Collin County 66,920 144,576 264,036 491,675 782,341 6.3% 4.8%
Celina 1,272 1,520 1,737 1,861 6,028 4.0% 12.5%
Frisco 1,845 3,499 6,138 33,714 116,989 10.9% 13.3%
Little Elm 363 926 1,255 3,646 25,898 11.3% 21.7%
McKinney 15,193 16,256 21,283 54,369 131,117 5.5% 9.2%
Prosper 501 675 1,018 2,097 9,423 7.6% 16.2%
Forecasted Regional Growth
The Dallas/Fort Worth metropolitan area is
currently the fourth largest metropolitan area
in the United States, behind New York City,
Los Angeles and Chicago. According to the
North Central Texas Council of Governments
(NCTCOG), the population of the Dallas/Fort
Worth metropolitan region is expected to
reach 9.8 million by 2035 and 10.5 million by
2040. This would result in the addition of
over 3 million new residents over the next 20-
30 years.
Source: 2010 Census
6
Comprehensive Plan
Town of Prosper
PLANNING CONTEXT
Housing Characteristics
Household type refers to how the people who
live within a household are related, if they do
not live alone. Generally speaking, Prosper
contains a large number of married-couple
households and households with children under
the age of 18.
Within Prosper, the average household size is
3.4 persons per household (PPH) for single
family dwelling units and 2.4 persons per
household for multifamily units. This number is
significantly higher than the State average of
2.81 PPH, Frisco at 2.94 PPH, and Celina at 3.10
PPH. Only Little Elm has a larger average
household size than Prosper at 3.43 PPH. This
data indicates a large number of families call
Prosper home.
Occupancy rate is an important indicator of the
local housing market and housing saturation. A
high occupancy rate may indicate an immediate
need for additional housing stock to
accommodate new population growth. A low
occupancy rate may indicate an oversaturation
of homes in the housing market. Typically,
healthy cities have at least a 90% occupancy
rate, something fairly common in the rapidly
growing DFW area.
Currently, Prosper has a 91.3% occupancy rate
for single family dwelling units. This is
indicative of a healthy housing saturation. The
Town has a 94.5% occupancy rate for
multifamily units. This too is a very healthy
multifamily saturation rate.
92.8%
94.3%
95.1%
92.6%
91.3%
89% 90% 91% 92% 93% 94% 95% 96%
Celina
Frisco
Little Elm
McKinney
Prosper
Single Family Occupancy Rates
3.1
2.9
3.4
3.0
3.4
2.6
2.7
2.8
2.9
3
3.1
3.2
3.3
3.4
3.5
Celina Frisco Little Elm McKinney Prosper
Persons per Household (PPH)
Household Type
Family Households 85.1%
Non-Family Households 14.9%
Of the total Family Households, 53.1% have
children under the age of 18, 75.2% are
married couple households, 3% are single
parent male households, and 6.9% are single
female parent households.
12.1% of the total households in Prosper are
householder living alone.
Source: 2010 Census
Source: 2010 Census
7 Town of Prosper, TX
Comprehensive Plan
PLANNING CONTEXT
Existing Land Use
The existing land use of the Town of Prosper is
predominantly characterized by vacant land.
Within the Town boundaries, the majority of
land, 80%, is currently vacant. This is a
significant portion of land that will drastically
impact the overall urban form of the
community as it develops. While a majority of
undeveloped property in Prosper has already
been zoned, there may be opportunities to
work with developers to incorporate the
identified community vision. Such
opportunities should be pursued, particularly as
circumstances arise which necessitate zoning
adjustments or changes.
When excluding vacant land and only examining
developed land, the predominant land use in
Prosper is single family residential. Parks &
Open Space constitutes the second highest land
use followed by public/semi-public and
commercial. Discussed previously, very little
residential variations currently exist.
Additionally, only 2% of the developed land use
is currently occupied by retail.
Duplex
0% Commercial
8%
Industrial
3%
Multi-Family
1%
Mobile Home
1%
Office
0% Parks & Open
Space
15%
Public Semi-
Public
10%
Retail
2%
Single-Family
59%
Commercial
2%
Industrial
1%
Multi-
Family
0% Mobile
Home
0%
Office
0%
Parks &
Open Space
3%
Public Semi-
Public
2%
Retail
0%
Single
Family
12%
Vacant
80%
All Land
Developed Land Only
8
Comprehensive Plan
Town of Prosper
PLANNING CONTEXT
Development Patterns
The majority of development within Prosper has
occurred over the past decade, in conjunction
with the rapid increase in population. The vast
majority of development has been single family
residential, although some retail has been
added along Preston Road.
Most new residential construction has occurred
to the east of Coleman Road and the original
town center. Some residential development has
begun on the western side of the planning area,
with more expected in the near future. A
significant number of large-lot homes were
constructed in Prosper prior to 2005, coinciding
with septic tank requirements that mandate a
minimum lot size of 1 acre. As sewer service
has been expanded and has become more
readily available, lot sizes within new residential
areas have become significantly smaller. In
2011, over 80 percent of approved housing
permits were on lots under 15,000 square feet
in size. In 2011, only 6 building permits were
issued to lots at or above one acre in size while
51 permits, approximately 14 percent, were
issued on lot sizes under 10,000 square feet.
The amount of vacant land within the
community is advantageous, because it allows
for new development opportunities on
undeveloped land, rather than more expensive
redevelopment. It will be important to ensure
that the thoroughfare plan is coordinated with
land use, to ensure that appropriate right-of-
way is acquired during the subdivision of land.
Additionally, it will be important to ensure
connectivity is provided within and between
new residential subdivisions, so that upon
buildout, a connected street system serves the
community.
Finally, a significant amount of infill land is
available within the community. This land is
located between subdivisions and along major
roadways. It will be important to insure that
development in these areas is compatible with
adjacent residential subdivisions.
Large-Lot Residential
Vacant Land/Infill
Small-Lot Residential
9 Town of Prosper, TX
Comprehensive Plan
PLANNING CONTEXT
Physical Development Patterns
Local development patterns refer to the factors
that have influenced the shape and growth of
the Town. Understanding such features creates
knowledge of how the Town can grow in the
future. These patterns are divided into two
primary categories: “Natural Constraints”
which examine the geographical aspects of
Prosper and “Man-Made Constraints,” which
examine features which have been constructed
or added to the Town.
Natural Constraints
Natural features influence what type of
development can occur and where such
development can occur. Topography, soils,
vegetation, and wildlife are all factors which can
have a direct effect on development within the
Town and are all important factors which
should be considered during the planning
process.
The Town of Prosper is located along a major
ridge line which runs to the east of Preston
Road. Areas to the west of the ridge line drain
into Lake Lewisville. Areas to the east of the
ridge line drain towards Lake Lavon.
Most topographical variations within Prosper
are located along the major ridge line, near
Preston Road. While a certain degree of
topography exists within Prosper, the relative
flatness of Prosper and the surrounding area is
advantageous for accommodating future
development.
The two largest floodplain areas are located in
the extreme eastern and western portions of
the community; Doe Branch Creek in the west
and Wilson Creek and Rutherford Branch Creek
in the east. The floodplain areas along Doe
Branch Creek, Wilson Creek and Rutherford
Branch Creek contain the most natural tree
cover within the planning area.
Doe Branch Creek
Wilson Creek
Rutherford Branch Creek
10
Comprehensive Plan
Town of Prosper
PLANNING CONTEXT
Man-Made Features
The importance of man-made features, such as
transportation facilities, Town boundaries and
infrastructure, are significant factors that
greatly influence development patterns. The
following discussion relates to the significant
man-made features which currently exist within
Prosper.
Preston Road, Highway 380 and the future
Dallas North Tollway are the major arterial
roadways within the community. As
development occurs, Teel Parkway, Legacy
Drive, Coit Road, FM 1385/Gee Road and Custer
Road will grow in importance and will provide
additional north-to-south corridors within the
community. Prosper Trail and First Street will
serve as major east-to-west corridors within the
community. In addition to these roadways, the
Dallas North Tollway will serve as a major
transportation addition within the community
and will increase accessibility within the
community, will provide quick access to the
regional highway network and will serve as a
catalyst in attracting new development.
In the State of Texas, the extraterritorial
jurisdiction (ETJ) refers to the land that an
incorporated community may legally annex for
the purpose of planning and accommodating
future development. The Town has entered
into boundary agreements with Frisco,
McKinney, Celina and Little Elm and has no
plans to expand west of FM 1385 at this time.
For this reason, the general planning area for
the Town is established and well-defined,
allowing the Town to concentrate on the
annexation of internal properties. The
advantage of a defined Town boundary is
knowing exactly where Prosper is able to grow.
This enables Town staff to more effectively plan
for growth, particularly the necessary
infrastructure that will be needed to
accommodate future growth within the Town
boundaries.
Prosper Trail
Broadway Street
Dallas North Tollway, Frisco
Z00.511.50.25MilesPlate 1City LimitandETJJanuary 2012FishTrap Rd.Preston Rd.1st. StreetProsper TrailF.M. 1461Coit Rd.F.M. 2478£¤380!(289Legacy Dr.Parvin Rd.Virginia Pkwy..BNSF RRF.M. 2478Preston Rd.Frontier Pkwy.Dallas North TollwayLa Cima Blvd.Custer Rd.Teel Pkwy.GeeF.M. 1385S. ColemanN. ColemanDenton CountyCollin CountyUS 380LegendTOWNETJ
13 Town of Prosper, TX
Comprehensive Plan
PLANNING CONTEXT
Planning Context
In order for this Comprehensive Plan to truly be
comprehensive, it will be important to consider
the context in which the Plan is being created.
The planning context includes a number of
different factors including current and past
planning efforts, regional initiatives, and
external issues that, although may be beyond
direct control of the community, have the
ability to directly impact growth decisions,
primarily the Dallas North Tollway extension.
Building upon past planning efforts and
considering external factors which impact
Prospers growth will allow for realistic growth
assumptions to be made and will help to insure
a cohesive, inclusive and truly comprehensive
plan.
Planning Efforts
2004 Comprehensive Plan
In 2004, The Town adopted a Comprehensive
Plan to guide land use decisions within the
community for the next 5 to 10 years. This Plan
included the development of a future land use
and community framework scenario and also
examined the thoroughfare system and
infrastructure of the community.
It is typically recommended that a
Comprehensive Plan be updated every 5 to 10
years, depending upon how rapidly the
community is growing. Since 2004, Prosper has
continued to grow quite rapidly, necessitating
the review and update of the Comprehensive
Plan.
Land Use decisions made during the 2004
Comprehensive Plan will be examined and
evaluated to determine if changes are
necessary. Various development plans and
agreements have been submitted to or
approved by the Town. Updating the Future
Land Use Plan will re-examine the community’s
vision and values. While the majority of land
within Prosper is zoned, an updated Future
Land Use Plan will provide the framework for
discussions and negotiations with developers as
changes to zoning occur.
2004 Future Land Use Plan
Past
Efforts
Current
Initiatives
External
Issues
Regional
Initiatives
Plan
14
Comprehensive Plan
Town of Prosper
PLANNING CONTEXT
2007 Parks Recreation and Open Space
Master Plan
In 2007, the Town completed a Parks,
Recreation and Open Space Master Plan (Parks
Plan) to direct the growth of the Town’s parks
and trails as the community grows over the next
several decades. The importance of the Parks
Plan cannot be understated. Parks provide
recreational opportunities for community
residents and help to increase the overall
quality of life of the community. In the same
manner, trails provide recreational
opportunities for residents to walk, run or bike
throughout the community. Trails provide
access to open space, parks, schools,
community facilities and help to link various
areas of the community to one another.
As development occurs, incremental
implementation of the Parks Plan will occur.
Ensuring that it is updated as changes occur,
will help the Town leverage and negotiate with
developers as vacant land is developed,
ultimately enabling the Town to impose a
proportional cost of park development on
developers.
It will be important that the Parks Plan be
consulted by Town decision makers as
development proposals are received. While
slight deviations may be permitted to
accommodate site layouts, the location of parks
and trails have been chosen for intentional
reasons and therefore the general locations of
trails and parks should be adhered to as close as
possible.
Town Lake Park
Frontier Park
Parks and Trails Master Plan
15 Town of Prosper, TX
Comprehensive Plan
PLANNING CONTEXT
2007 Old Town Core District Amendment
In 2007, the Town created the Old Town Core
District Amendment to guide the land use
development of Old Town. This area serves as
the historical core of the community and the
visible center of Prosper. While other areas of
the community are currently more
opportunistic for development due to vacant,
available land, the core of the community
cannot be forgotten. The history of Prosper is
rooted within this area. Commercial, retail,
office and single-family residential uses were
applied within the Old Town area in addition to
areas of green space and the school location.
The planning efforts conducted by the Town in
2007 will be built upon during the creation of
this Plan in order to insure consistency.
2007 Old Town Core District Map
Historic Grain Silos, Old Town Prosper
16
Comprehensive Plan
Town of Prosper
PLANNING CONTEXT
2010Thoroughfare Plan
The Town of Prosper recently completed an update to its Thoroughfare Plan, re-examining issues and
redefining the Town’s roadway network in 2010. This Plan will build upon previous work efforts and will
seek to coordinate land use decisions with previous transportation efforts. Any changes that result from
land use decisions will be included as recommendations within this Plan and should be considered as the
future Thoroughfare Plan update is made.
2008-2010 Annexation Plan
The Town of Prosper has taken a proactive
approach towards defining its planning area.
Annexation is a tool that communities use to
proactively manage growth and ensure that
future growth meets the established standards
set by the community. This is particularly
important due to the number of Municipal
Utility Districts (MUD’s) that have developed
along Highway 380, in Celina and other areas
around the Metroplex.
State law requires any community engaging in
annexation to have a three year annexation
plan. The annexation plan for Prosper was
done in three phases: 2008, 2009 and 2010.
The 2008 phase included 14 properties that
were primarily confined to the center and
southeastern areas of the community. The
2009 phase included 12 properties on the
northwestern and west central areas of the
community. Finally, the 2010 phase included 9
properties on the far western side of the
community.
Annexation phases coincided with a desire by
Town Council to annex everything inside the
Town’s boundaries defined by boundary
agreements with Frisco, McKinney, Celina and
Little Elm (FM 1385, Frontier/Parvin, Custer and
Highway 380).
With the exception of the Artesia Municipal
Utility District, only a few parcels of land remain
to be annexed within the Town’s boundaries.
Artesia may be considered for annexation at
some point in the future.
17 Town of Prosper, TX
Comprehensive Plan
PLANNING CONTEXT
Prosper ISD
Throughout the planning g process, schools
have been identified as one of the single most
important features of the Town. As the Town
continues to grow, it is of prime importance
that the exemplary status and reputation of
Prosper’s schools be maintained.
While the Town and Prosper Independent
School District operate as two separate entities,
they are inevitably related to each other.
Growth in the Town increases the overall tax
base and provides revenue for the School
District. Additionally, excellent schools enable
the Town to continue to attract new residents
and new development.
The Town and Prosper ISD should therefore be
in direct communication, clearly identifying
areas of growth and assessing future
educational needs. Communication between
the Town and PISD will inevitably allow for
coordinated infrastructure decisions, such as
when new roads allowing access to new schools
should be constructed.
The Town and Prosper ISD should also
coordinate on population growth rates and
potential future school locations. Establishing a
working relationship between the two entities
will benefit the Town, PISD and the residents of
Prosper themselves.
PLANNING CONTEXT
18
Comprehensive Plan
Town of Prosper
Regional Initiatives
North Central Texas Council of
Governments (NCTCOG)
NCTCOG is the metropolitan planning
organization that encompasses the 16 county
North Texas region. NCTCOG works to promote
orderly and balanced growth within the North
Texas region. The metropolitan transportation
plan created by NCTCOG, known as Mobility
2035, contains a number of different
components ranging from arterial roadway
networks, freeways, rail transit and major trails,
known as the Veloweb.
Coordination with NCTCOG will help to
streamline projects within Prosper, particularly
if outside funding is desired or necessary.
Typically, funding is awarded to projects which
show planning and coordination at multiple
levels. Ensuring that future roadway and
transportation plans by the Town are
coordinated with NCTCOG will help Prosper
attract investment from both the public and
private sector and will ensure that roadways are
better coordinated between adjacent
communities.
In addition to transportation, there are various
grants that are awarded to communities in
North Texas by NCTCOG. These grants are used
to incentivize regional cooperation without
requiring compliance. NCTCOG has established
the Center of Development Excellence which
provides 12 guiding principles that it
recommends communities to consider.
Communities in North Texas are encouraged to
incorporate these principles, where best
applicable, and are awarded grants and
additional funding to help communities with
some of the initial costs, studies and plans
associated with quality planning.
.
..
12 Principles
x Development Diversity
x Efficient Growth
x Pedestrian Design
x Housing Choice
x Activity Centers
x Environmental Stewardship
x Quality Places
x Efficient Mobility Options
x Resource Efficiency
x Educational Opportunity
x Healthy Communities
x Implementation
www.developmentexcellence.com
19 Town of Prosper, TX
Comprehensive Plan
COMMUNITY VISION
Community Vision
A fundamental component of the
comprehensive planning process evolves
around the vision of the community. The
importance of the vision cannot be
overstated—the vision guides land use
decisions and allows Town staff and decision
makers to determine whether or not decisions
are ultimately in conformance with the long
term vision for Prosper, as defined by its
residents. In other words, the vision is the
roadmap that guides decisions within the
community and serves as the basis for the
Future Land Use Plan and policy
recommendations.
For this Plan, the visioning process was guided
by a Comprehensive Plan Advisory Committee
(CPAC) and included several deliberate
exercises. The visioning process included:
x Seven CPAC Meetings
x CPAC SWOT Analysis
x CPAC Visual Character Survey (VCS)
x Two Town Hall Meetings
x Town Hall Brainstorming Groups
x A Public Visual Character Survey on the
Town’s website
x Public Hearings During Adoption.
The following pages contain the who and the
what of the visioning process, highlighting the
various groups involved, exercises used and
preliminary results derived from the visioning
process.
Community Vision
VCS
Town
Hall
SWOT
VCS
To wn
HHHaaaalllllllll HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaallllllllllllllllllllllllllllllllllllllllllllllllllllll
SWOT
Every community is distinctive and has its
own set of values, aspirations and
objectives. The purpose of the visioning
section is to determine the ultimate vision
of the community based upon resident
input.
Unique, Distinctive,
Exceptional
The community vision is used to guide the
formation of the comprehensive plan and
is ultimately used by decision makers as
they weigh the vision with development
proposals and future opportunities.
20
Comprehensive Plan
Town of Prosper
COMMUNITY VISION
Comprehensive Plan Advisory
Committee (CPAC)
A committee of community residents and
stakeholders was compiled in order to assist in
the development of the Plan. Committee
members were selected based upon a variety of
criteria including the area of the community
where they reside, past or current council
experience, economic development knowledge
and business ownership. The CPAC’s role in the
process was to guide the formation of the Plan
document and ensure that the Plan created
ultimately reflected the vision desired by
Prosper residents.
Seven meetings were conducted with the CPAC:
x Orientation Meeting on May 2, 2011
x Visioning Meeting on June 6, 2011
x Future Land Use Meeting on September
12, 2011
x Livability Meeting on October 10, 2011
x Economic Analysis, Transportation and
Infrastructure Assessment on
November 14th, 2011
x Transportation Continued and Plan
Review on December 14, 2011
x Town Hall Review and Final Comments
on March 19, 2012
All CPAC meetings were conducted at 6:30 p.m.
and were open to the public. Community
residents and representatives from the
development community were present at
several meetings.
Energized and productive discussions were had
at CPAC meetings, representative of the diverse
opinions and backgrounds present on the
committee. The exchange of ideas with various
points of view ensured a thorough process
where the realities of external factors affecting
Prosper were weighted with the ultimate vision
of the Town.
Comprehensive Plan Advisory
Committee
Jason Dixon, Chair
Craig Moody, Vice Chair
Ane Casady, Secretary
Kelly Cooper
Mark DeMattia
Michael Goddard
Kyle Huckelberry
Ann Lieber
Meigs Miller
Eric Nishimoto
Jordan Simms
Daniel Ting
Doug Trumbull
21 Town of Prosper, TX
Comprehensive Plan
COMMUNITY VISION
SWOT Analysis
A strengths, weaknesses, opportunities and
threats (SWOT) analysis was conducted with the
CPAC during the May 2, 2011 meeting. The
SWOT analysis is commonly used as a means of
evaluating internal and external factors
affecting the community. Strengths and
weaknesses are seen to be internal—existing
assets or downfalls. Opportunities and threats,
on the other hand, are seen to be external—
potential or future assets or downfalls. The
purpose of the SWOT exercise is to utilize
current strengths, address current weaknesses,
utilize future opportunities and mitigate future
threats. Although not scientific, the SWOT
process helps put into perspective many of the
preliminary issues.
For this exercise, CPAC members were asked to
identify perceived strengths, weaknesses,
opportunities and threats. After all issues were
identified, each CPAC member was given a total
of 5 dots—4 green dots representing 1 point
each and 1red dot representing 5points. CPAC
members then placed their votes next to issues
which they perceived to be the most important
to them individually. Issues receiving votes
included the following:
x Schools (S) 12
x No Outside Policies Dictating
Growth and Development (T) 11
x Small-Town Feel (S) 8
x Highway Frontage (S) 7
x Large-Lots (S) 7
x Development Standards (S) 6
x Community Cohesiveness (S) 5
x Over Development (T) 5
x Image Branding (W) 5
x Rapid Growth (W) 5
x Restaurants (W) 4
x Downtown/Old Town (O) 4
x Maintaining Natural Feel (O) 2
x Lack of Office Space (W) 2
x Commercial Development (O) 2
x Quiet Feel (O) 1
x Roads (W) 1
22
Comprehensive Plan
Town of Prosper
COMMUNITY VISION
Vision Statement
A vision communicates the reason for existence, the purpose behind planning and the overall goals of a
community from a long-range planning and development perspective. The primary benefit of visioning
is that it clarifies how a community will approach its critical planning, development and growth issues.
With the clarified approach that visioning provides, the resulting Plan will better address the future of
the Town in a manner that is reflective of the community’s interests.
The vision statement for a community should describe the community as it will ideally exist in the
future. A vision statement spells out goals or values at a high level and promotes what the Town should
become. The vision statement for this Plan is as follows:
Prosper is a community for a lifetime; rooted in family values,
exemplary schools, distinctive and distinguished neighborhoods and a
“small town feel,” it is a true place to call home. We aspire to create a
residential oasis in an ever increasing urban area. We envision a
community with spacious, family-friendly neighborhoods, exceptional
shopping areas, excellent services, a business friendly environment and
a responsive government where citizens have a say.
23 Town of Prosper, TX
Comprehensive Plan
COMMUNITY VISION
Visual Character Survey
A Visual Character Survey (VCS) is a technique in
which respondents are asked to score a series
of photographs based on what they find to be
visually preferable for Prosper. The images used
are selected in order to illustrate different
aesthetic, architectural, and visual elements
within any particular built environment and are
used in order to quantify exactly what types of
developments are desired and appropriate for
Prosper. Although the VCS is not necessarily
scientific in nature, it is an effective method of
receiving attitudinal, aesthetic-based input.
Three VCS surveys were conducted for this Plan.
The first survey was conducted with the CPAC at
the June 6, 2011 meeting. The second VCS was
made available through the Town’s website
following the Town Hall meeting. Town Hall
attendees were given a passcode in order to
take this VCS. The third and final VCS was made
available to the general public through the
Town’s website and contained no passcode.
This survey remained available for
approximately 3 weeks. A total of 434 residents
participated in the online VCS for the
community.
The VCS for Prosper was divided into 8
categories:
x Dallas North Tollway
x Preston Road
x Highway 380
x Housing Mix
x Street Design
x Signage
x BNSF
x Public Space
It is important to note that the images depicted
within the VCS are intended to reflect general
characteristics which may or may not be desired
in Prosper. It is also important that market
conditions be evaluated in conjunction with the
long term vision and goals. The following
images depict the highest and lowest rated
images per category from the general public
VCS.
24
Comprehensive Plan
Town of Prosper
COMMUNITY VISION
Dallas North Tollway
Input indicated that the Dallas North Tollway corridor would accommodate the most intense
uses in Prosper, where images of four to six story office buildings, mixed-use
shopping/residential units and corporate offices scored the most favorably.
Along the Dallas North Tollway, images depicting industrial uses, such as batching plants and
warehousing facilities, scored the least favorably. An image of a car dealership also was
among the lowest rated images in this particular category.
Highest Lowest
25 Town of Prosper, TX
Comprehensive Plan
COMMUNITY VISION
Preston Road
Based upon the highest scoring images, the Preston Road corridor was much more retail in
nature. Images depicting small-scale retail establishments and retail clusters were scored the
most favorably by VCS respondents.
More intense uses, such as mid-rise offices, were not deemed appropriate along Preston
Road.
As Preston Road traverses Prosper, it migrates through many residential areas. Small-scale,
less intensive retail establishments are not only more compatible with adjacent residential
areas, but they also provide essential daily services for Prosper residents.
Highest Lowest
26
Comprehensive Plan
Town of Prosper
COMMUNITY VISION
Highway 380
A variety of images were scored favorably within the Highway 380 corridor. The three
highest images depicted an office park, dining establishments and more intensive retail
centers.
The lowest rated images within the Highway 380 corridor were industrial uses, such as a
batching plant and distribution warehouse, and garden style apartments.
Higher traffic volumes and visibility along Highway 380 create opportunities to capitalize on
pass-by spending trips. The 8 mile stretch of Highway 380 through Prosper may present
opportunities to accommodate a range of uses at appropriate and opportunistic locations.
Highest Lowest
27 Town of Prosper, TX
Comprehensive Plan
COMMUNITY VISION
Housing Mix
A variety of housing types were shown to determine housing preference. Overall, images of
single family detached housing scored the most favorably while garden style apartments
and certain images of townhomes and brownstones scored the least favorably.
Highest Lowest
28
Comprehensive Plan
Town of Prosper
COMMUNITY VISION
Street Design
Images depicting a variety of different streetscapes and streetscape amenities were
shown to determine the level of aesthetics desired within Prosper.
Overall, images with enhanced landscaping, landscaped medians, masonry and wrought
iron fences, street trees and sidewalks were scored the most favorably indicating a
preference for enhanced and attractive roadways in Prosper.
Images with little to no landscaping enhancements were scored the least favorably, along
with an image of a more urbanized roadway with adjacent apartments.
Highest Lowest
29 Town of Prosper, TX
Comprehensive Plan
COMMUNITY VISION
Signage
Signage has the ability to greatly influence the look and appearance of commercial
corridors within the community. Images depicting monument signs, combined signage and
signage with architectural enhancements scored the most favorably. In contrast, pole
signs and signage features with minimal aesthetic enhancements scored the least
favorably.
More suburban communities are choosing to use monument signs containing architectural
features and landscaping to enhance and protect the aesthetic appearance of roadway
corridors while still allowing businesses to be seen.
Highest Lowest
30
Comprehensive Plan
Town of Prosper
COMMUNITY VISION
BNSF
Within the Burlington Northern/Santa Fe Railroad corridor, a variety of images were shown
to determine resident’s ultimate vision for vacant land along the rail line. The highest
scoring images depicted a high-quality business park, a quaint old town area and a station
platform with enhanced architectural features.
Images that scored the least favorably included more intensive industrial uses and
warehouse uses with little to no aesthetic enhancements. Additionally, a residential image
depicting single family homes was scored among the least favored images.
Highest Lowest
31 Town of Prosper, TX
Comprehensive Plan
COMMUNITY VISION
Public Space
Public spaces are those shared by the community and create opportunities for neighborly
interaction and family activities. Public space may also be used to identify and brand
Prosper.
Overall, images of park spaces with water features and passive recreational options were
scored the most favorably. Relatively speaking, pictures of the grain silos, modern art and a
community garden were rated the least favorably. It is important to note that every image
within the Public Space category had greater than 50% favorability, indicating that a variety
of public spaces may be appropriate within the Town.
Highest Lowest
32
Comprehensive Plan
Town of Prosper
COMMUNITY VISION
Town Hall Meeting
A Town Hall meeting was conducted on
Monday June 27, 2011. The purpose of the
Town Hall meeting was to gather feedback from
the public on what the vision for Prosper should
be. Over 140 residents from the community
attended the event that was held at Prosper
High School.
Town Hall attendees were first given an
introduction to the planning process. During
this presentation, an overview of past planning
efforts, existing conditions and growth patterns
within our region was explained. The
presentation concluded by informing residents
of the planning process as well as introducing
members of the Comprehensive Plan Advisory
Committee to attendees.
A visioning exercise was conducted with
attendees in order to engage the public and
gather initial feedback on Prosper’s future.
Topic tables were arranged so that each
participant in attendance would rotate to each
of the following tables:
x Land Use/Corridors
x Transportation
x Housing;
x Livability
x Community Identity
At each of the tables, a member of the CPAC,
Town staff or consultant guided discussion on
each group’s major issues, concerns or ideas.
Issues gathered were then compiled and
presented to the CPAC to guide discussion on
elements within the Plan.
33 Town of Prosper, TX
Comprehensive Plan
COMMUNITY VISION
The following is a summary of the recurring major issues identified by participants during the Town Hall
meeting.
Land Use/Housing
x No garden style apartments
x Any new apartments should be within mixed-use areas
x Townhomes acceptable in certain areas
x Zero-Lot Line acceptable in certain areas for empty-nester housing
x Large-lot homes
x Neighborhood services needed (grocery store, dry cleaners, etc.)
x Maximum density 4-6 stories along Tollway
x No more workforce housing…keep median home value high
x Open space/preserve natural features (creeks/trees)
x Mixed-uses in specific areas (380 at Preston and DNT), maybe Old Town
x Preston Road should be different from Preston Road in Frisco, unique and distinctive
neighborhood corridor rather than chain/”cookie-cutter” development in Frisco
x Quality Retail along Preston
x High-quality development/keep the development bar high
x Focus on retail and services rather than office
x Limiting strip malls, prefer higher end retail centers
Transportation
x Sidewalks
x Bicycle/jogging trails (connected trails/sidewalks )
x Enhance landscaping (landscaped medians)
x Larger setbacks along certain roadways (Preston Road)
x Lighting
x Positive identity and image along major corridors (landscaping, amenities, branding)
x Rail/Transit discouraged
x Consistent signage
x Sound barriers in areas with high traffic
Livability/Identity
x Open space and trees/quiet feel
x Upscale small-town feel (“chic country”)
x Connected bicycle and walking trails
x Community identity and branding; Distinct and different from neighboring communities; and
Defined by open spaces and large-lots.
x Gateways along major corridors
x Preserving schools
x Shuttles for seniors
x Congregation/community space for festivals and community events (a downtown or civic area)
x Parks connecting neighborhoods via trails
x Entertainment for families
34
Comprehensive Plan
Town of Prosper
COMMUNITY VISION
Town Hall “My Top Issues” Exercise
Prior to commencement of the Town Hall, several boards were on display for attendees to view as they
enjoyed refreshments and discussion. Boards were used to depict the comprehensive plan process,
existing conditions and 2010 demographic data but also included a “My Top Issues” exercise. On this
board, attendees were each given 4 red dots and were asked to place their dots on issues that they
believed were the most important to them individually. Participants could place all 4 dots on 1single
issue or could spread their dots among up to 4 separate issues. Issues depicted were derived from the
SWOT analysis conducted with the Comprehensive Plan Advisory Committee. The following are the
voting results of the “My Top Issues” board.
Category Votes
1. Retail/Shopping 75
2. Large-Lot Homes 70
3. Preserving Small-Town Feel 55
4. Roadway Improvements 52
5. Restaurants 48
6. Controlling Rapid Growth 39
7. Downtown Prosper 35
8. Preserving Open Space 33
9. Office Space/Job Opportunities 27
10. Mixed-Use/Town Center 19
11. Maximizing Highway Frontage 15
12.Gateways/Branding 14
35 Town of Prosper, TX
Comprehensive Plan
COMMUNITY VISION
Town Hall #2
On February 13, 2012, a Town Hall meeting was
conducted at Prosper High School in order to
present the Draft Comprehensive Plan to the
public and to gather comments and feedback
from the public on plan recommendations.
Over 275 attendees were present at the
meeting. Attendees participated in round table
discussions where individualized feedback on
plan recommendations was obtained.
Participants were asked whether the Draft Plan
accurately described the vision for Prosper, if
there were any components of the plan that
excited them, if there were components of the
plan that concerned them and finally were
asked to prioritize a list of issues based upon
their personal order of importance.
The information collected from Town Hall
attendees was then tabulated in order to
identify consistent themes and priorities from
the public. This information was discussed with
the CPAC and necessary clarifications and/or
text modifications to the Draft Plan were made.
Yes
69%
Mostly
25%
No
6%
Question #1: Does the Plan Accurately
Describe the Community’s Vision for Prosper?
36
Comprehensive Plan
Town of Prosper
COMMUNITY VISION
Community Goals
Community goals are created to direct the formation of the Plan. They are practical yet general points
under which more specific objectives may be located. The goals for the Plan are purposely designed to
cover a wide array of individual objectives, but were specifically crafted to address many of the
comments, issues, ideas and concerns defined during the visioning portion of the Plan’s creation.
The following goals are intended to provide a framework for the creation of applicable and economically
feasible land use decisions and special districts. The goals are also intended to establish guidelines for
preserving Prosper’s neighborhoods and creating quality new residential areas, maintaining and
enhancing Prospers quality of life and physical characteristics, providing a safe and attractive
transportation network and ultimately ensuring that the Town’s infrastructure systems will be adequate
to accommodate 20-year growth. Plan objectives are located within the Implementation Chapter of this
Plan.
Goal 1: Provide a variety of land uses, in accordance with the vision of Prosper
Residents, which diversify the tax base and enable residents to live, work,
shop, eat and relax in Prosper.
Goal 2: Maintain and enhance the high quality of life and small-town feel currently
available and expected by Prosper Residents.
Goal 3: Protect the quality and integrity of Prosper’s neighborhoods.
Goal 4: Require high-quality and visually attractive architectural characteristics in
both residential and non-residential developments.
Goal 5: Develop quality, open roadways that enhance the Town’s rural image, are
compatible with adjacent development and provide safe and convenient
traffic movements.
Goal 6: Ensure that water, wastewater and stormwater infrastructure is able to meet
future growth demands.
37 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Future Land Use
The right of a municipality to coordinate growth
is rooted in its need to protect the health,
safety, and welfare of local citizens. An
important part of establishing the guidelines for
such responsibility is the Future Land Use Plan,
which establishes an overall framework for the
preferred pattern of development within
Prosper. In general, the Future Land Use Plan is
intended to be a comprehensive blueprint of
Prosper’s vision for its future land use pattern.
Specifically, the Future Land Use Plan
designates various areas within the Town for
particular land uses, based principally on the
specific land use policies outlined herein.
The Future Land Use Plan is graphically depicted
for use during the development plan review
process with the Future Land Use Plan map. The
Future Land Use Plan should ultimately be
reflected through the Town’s policy and
development decisions. The Future Land Use
Plan map is not a zoning map, which deals with
specific development requirements on
individual parcels. The zoning map and changes
in zoning should, however, be based on the
Future Land Use Plan and related Future Land
Use Plan map.
Legal Authority
Authority of a community to create a
comprehensive plan is rooted in Chapters 211,
212 and 213 of the Texas Local Government
Code.
Chapter 211
Chapter 211 of the Texas Local Government
Code allows the government body of a
community to regulate zoning.
Chapter 212
Chapter 212 of the Texas Local Government
Code allows the governing body of a community
to regulate subdivision development within the
community limits and also within the
Extraterritorial Jurisdiction (ETJ) which varies
depending upon the population of the
community.
Chapter 213
Chapter 213 of the Texas Local Government
Code allows the governing body of a community
to create a comprehensive plan for the “long-
range development of the municipality.” Basic
recommendations for comprehensive planning
are to address land use, transportation and
public facilities, but may include a wide variety
of other issues determined by the community.
It is important to note that a comprehensive
plan is NOT a zoning ordinance, but rather is
intended to be used as a tool to guide
development, infrastructure and land use
decisions in the future. The comprehensive
plan does, however, serve as a basis on which
zoning decisions are made, as specified by
Chapter 211 of the Texas Local Development
Code.
38
Comprehensive Plan
Town of Prosper
COMMUNITY CHARACTER
Process
The Future Land Use Plan was derived through
a defined and deliberate process. Existing land
uses, development agreements and planned
developments were combined with extensive
public input in order to create a Future Land
Use Plan that is both realistic, attainable and
reflects the public’s vision for Prosper’s future.
The first consideration was existing land use.
Existing land use includes analyzing past
development trends and working to ensure that
future growth occurring within the community
coincides with existing development patterns
and does not negatively impact the integrity of
existing neighborhoods.
An examination of potential planned
developments was the second step. This
involved an understanding of existing
development agreements that are in place
within Prosper. Understanding what types of
development may occur in the future helps to
determine what the adjacent land uses should
be.
Finally, an extensive public input process was
conducted with the general public and the
CPAC. The public and CPAC described the
characteristics which should define Prosper and
identified many of the needs within the
community.
Additionally, a VCS was conducted with
attendees of the CPAC, Town Hall meeting and
the general public. A significant number of
responses were received and the results of the
survey helped to determine the visual
aesthetics and development characteristics that
were felt to be appropriate within Prosper.
The results of this process ultimately concluded
in a land use scenario for the Town. This land
use scenario is not a mandate, but should be
used to guide Town staff and decision makers
as development intensifies in the coming years.
39 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Land Use Types
Residential Low Density
This land use is indicative of large-lot single-
family homes. Typically speaking, lot sizes
within any low density development will range
between 15,000 square feet and 1+ acre in size.
While a variety of lot sizes may be used, the
total gross density of low density residential
neighborhoods should not exceed 1.6 dwelling
units per acre. Large-lot homes will provide a
continuation of the rural atmosphere and feel
that was intensely expressed by Prosper’s
residents. Most low density residential areas
will be located in Northwest and Northeast
Prosper.
Residential Medium Density
Medium density residential is also
representative of single family detached
dwelling units. Lot sizes in medium density
residential neighborhoods could range between
12,500 and 20,000 square feet in size. A
variation in lot sizes may be permitted to
achieve a goal range in density. While a variety
of lot sizes may be used within medium density
residential neighborhoods, the gross density of
such developments will typically not be less
than 1.6 dwelling units per acre or greater than
2.5 dwelling units per acre.
40
Comprehensive Plan
Town of Prosper
COMMUNITY CHARACTER
Residential High Density
High density residential represents the most
intense residential land uses permitted in
Prosper. High density single family uses will
consist of developments greater than 2.5
dwelling units per acre and lot sizes smaller
than 10,000 square feet. Within Prosper, the
high-density residential district is reflective of
the Artesia development, where single family
residential lot sizes and dwelling units per acre
will be substantially higher than the rest of the
community. High density residential may be
located within the Dallas North Tollway,
Highway 380, town Center and Old Town
Districts. In such areas, high density residential
may take the form of multifamily or single
family attached dwelling units and may include
mixed-use lofts/apartments, patio homes,
snout houses, brownstones and townhomes.
No additional garden style apartments should
be permitted.
Retail and Neighborhood Services
Neighborhood services typically include retail
establishments that provide merchandise for
retail sale, banks, neighborhood office and
small medical offices. Retail uses are
particularly important because they contribute
to Prosper’s tax base through both property
taxes and sales taxes, making their inclusion
attractive and often times competitive. Within
Prosper, neighborhood service uses will likely
occur at major intersections along the Dallas
North Tollway, HIghway 380 and Preston Road
corridors. Neighborhood service uses should
also be strategically placed along the Town’s
perimeter in order to attract patrons from
neighboring communities, enhancing sales tax
revenue opportunities. The majority of
neighborhood service activity within Prosper
will likely be included within the Dallas North
Tollway, Highway 380, Town Center and Old
Town districts.
41 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Dallas North Tollway District
The Dallas North Tollway district will consist of
the most intense land uses within Prosper. A
diverse mixture of office, retail and residential
will likely develop along the corridor. Mid-rise
office (up to 6 stories) may be permitted
throughout the corridor. Office buildings
should be designed for a “campus feel”—they
should be oriented towards common public
space with significant landscaping and should
be linked by a pedestrian network. A common
architectural theme should also be established
for a consistent visual appearance. Mixed-use
development should be encouraged and should
contain a mixture of office, retail and residential
uses. Mixed-use lofts/apartments would be the
most appropriate residential use within this
district. Structured parking should be
encouraged in more intense areas to limit the
presence and visibility of large parking lots.
Structured parking should be oriented in a way
that minimizes visibility from the Tollway.
Highway 380 District
Much like the Dallas North Tollway district, the
Highway 380 district will contain a variety of
different uses. The major contrast between
Highway 380 and other districts will be the
inclusion of a big box development and
commercial service uses. Types of appropriate
commercial include hotels, banks, vehicle
refilling stations with a convenience store,
home service centers with outside storage,
garden center with outside storage and other
similar uses which serve the community but are
not necessarily desired on Preston Road or
within the Dallas North Tollway corridor.
Residential land uses may be appropriate within
certain areas, particularly away from major
intersections where retail and commercial will
be the highest and best land use. Residential
land uses may include patio homes, snout
houses, townhomes and brownstones. These
residential areas may serve as a buffer between
more intense activity along Highway 380 and
low density residential areas to the north.
42
Comprehensive Plan
Town of Prosper
COMMUNITY CHARACTER
Town Center District
The Town Center district is a continuation of the
area defined by previous planning efforts as a
future location for a large scale mixed-use
development. The Town Center would include
a mixture of land uses but development will be
less intense than that located along Highway
380 and the Dallas North Tollway. Retail, small
scale office, and residential uses would be
included within this district, but the primary
intent should be focused on dining and
shopping. Public space should be a major
component of this area, creating space for
families and residents of Prosper to meet and
socialize. Open space located within the Town
Center could be used for community events,
festivals and school events. Urban design
should accommodate the pedestrian while
providing automobile access and discreet
parking. Residential uses may include mixed-
use lofts/apartments, patio homes, townhomes
and brownstones. Areas of single family
residential may also be permitted, particularly
on the northern side where the development
abuts the Old Town district.
Old Town District
The Old Town district is the heart of Prosper.
This historic area of the community is intended
to include a variety of boutique type land uses,
ranging from unique and local retail
establishments, restaurants and offices. Many
of the historic homes within the Old Town
district, particularly areas along First Street and
Broadway, may gradually convert to boutique
office and retail establishments. The most
opportunistic possibility for a transit stop, if
desired by future residents, would be within the
Old Town district, which could facilitate
redevelopment of the downtown area. If this
occurs, high density residential options, such as
live-above lofts/apartments, may be
considered. The historic past of the community
should be preserved. The community’s
beginnings as a farm community in rural Collin
County are part of what defines Prosper, and
these attributes should be preserved as new
infill development occurs.
43 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Business Park
A Business Park district will include a variety of
potential land uses including light industrial,
commercial warehousing, office storage and
commercial uses with outside storage. While
outside storage will likely occur and be
necessary within this district, significant effort
should be placed on the visual integrity of the
district, particularly when located in higher
visibility areas. When such uses abut roadways,
larger landscape setbacks, such as 40 feet
setbacks, that include berms and evergreen
shrubs/trees should be used to protect the
visual integrity of roadways and the public view.
All outside storage should also be screened
from public view and from adjacent properties.
The location of the BNSF railroad and close
proximity to the Dallas North Tollway provide
the Business Park with significant accessibility.
Uses located along First Street, Prosper Trail
and other perimeter areas should incorporate a
higher degree of landscaping and architectural
design in order to protect the visual integrity of
Prosper’s roadways.
44
Comprehensive Plan
Town of Prosper
COMMUNITY CHARACTER
Density
The density of development within Prosper should reflect the ultimate community vision.
Prosper residents have indicated that single family residential should be the predominate feature
in the Town. The rural nature and atmosphere of the community should be reflective in its
neighborhoods and should be a distinguishing factor between Prosper and its neighbors. The
following are general density guidelines. It should be noted that the following are for illustrative
purposes only and are not indicative of density regulations. Overall low density should remain
under 1.6 DUA and medium density should remain between 1.7 and 2.5 DUA.
2.5 to
3.5 DUA
4-6 DUA
4-6 DUA
6-10
DUA
35+
DUA
Low Density Estate/Single-Family
.5 to 1.5
DUA
1.5 to
2.5 DUA
Medium Density/Single-Family
High Density/Single-Family
High Density/Single-Family
High Density/Multi-Unit Home
4-6 DUA
High Density/Patio Home
High Density/Townhome
High Density/Mixed-Use
Z0 0.5 1 1.50.25MilesPlate 2FutureLand UsePlanMarch 2012kjkjkjkjkjkjkjkjkjkjkjkjkjkjkjParvin Rd.F.M. 1385GeeFish Trap Rd.U.S. 380Dallas North TollwayProsper TrailFirst St.La Cima Blvd.Frontier Pkwy.Preston Rd.Coit Rd.F.M. 1461F.M. 2478F.M. 2478Custer Rd.Teel Pkwy.Legacy Dr.Virginia Pkwy.BNSF RRS. ColemanN. ColemanLovers LnHays RdLegendLow Density ResidentialMedium Density ResidentialHigh Density ResidentialRetail & Neighborhood ServicesBusiness ParkOld Town DistrictTown CenterTollway DistrictUS 380 District100 Year FloodplainkjMajor GatewaykjMinor GatewayTown of ProsperETJNote: A comprehensive plan shall not constitutezoning regulations or establish zoning districtboundaries.
47 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Land Use Acreages
Based upon the Future Land Use Scenario,
medium density residential will constitute
the largest future land use within Prosper
at 35 percent, followed by low density
residential at 34%. In terms of non-
residential development, the Dallas North
Tollway district will be the largest
commercial district constituting 9% of the
total land use in Prosper, followed by the
Highway 380 district at 8%. In total, 73%
of the total land in Prosper will be reserved
for residential uses with the remaining
27% being a combination of retail, office,
commercial and high density residential.
Ultimate Capacity
The ultimate capacity for Prosper is based on the Future Land Use Scenario. Certain assumptions
were made in order to calculate the Ultimate Capacity. For low density residential, lot sizes greater
than 15,000 square feet, 1.2 dwelling units per acre was used for our assumptions.
For the purpose of estimating ultimate capacity, medium density residential includes lot sizes
between 10 and 20,000 square feet in size. For purposes of our assumptions, an average of 2.3
dwelling units per acre was assumed for medium density residential.
High density single family residential is indicative of Artesia. Artesia is an existing Municipal Utility
District, located in Prosper’s ETJ in Denton County, which has the right to develop 2,170 single family
lots and 600 multifamily units. While Artesia is not currently located within the Town of Prosper, it
is located in the Town’s planning area and therefore, is included in this Plan. Based upon actual
dwelling units and acreage, a high density single family density of 4.8 DUA and multifamily density of
20 DUA was used.
The 648 garden style apartments are reflective of existing, previously approved apartments located
within Prosper. The community has very strongly expressed that no new garden style apartments be
permitted within Prosper. While the plan recommends no more than the 648 existing garden style
apartments be constructed, it should be acknowledged that previously approved zoning currently
allows for an additional 2,746 garden style apartments to be constructed in Prosper, along with
2,400 mixed-use apartments and 1,150 townhomes.
While a significant number of garden style apartments are permitted by current zoning,
opportunistic changes may arise, such as a planned development amendment. If such opportunities
occur, the Town should work with developers to build mixed-use apartments, patio homes, snout
homes, townhomes and brownstones as replacements for garden style apartments, in addition to
reducing the overall number of high density units.
Business Park
2%
High Density
4%
Low Density
34% Medium
Density
35%
Old Town
2%
Neighbor-
hood Services
2%
Town Center
4%
Tollway
District
9%
US 380
District
8%
48
Comprehensive Plan
Town of Prosper
COMMUNITY CHARACTER
Conservative estimates based upon developer agreements, planned developments and Town
zoning indicate that over 5,000 more high density dwelling units may be built in Prosper. Given
the low density nature of development within the community, this number would constitute
nearly 30% of the total dwelling units. While this number may seem significantly higher than
other communities, there are several factors influencing how this number is perceived.
One of the primary reasons for the high percentage of high-density units is due to the low
density nature of Prosper’s neighborhoods. Other communities typically have residential
neighborhoods averaging between 3-6 dwelling units per acre. In Prosper, however, most
neighborhoods will average between 1 and 3 dwelling units per acre, lowering the overall
dwelling units within the community and making high density dwelling units a greater
percentage of the overall population. While high density dwelling units may constitute 30% of
the overall dwelling units, 86% of the total Town population will reside in single family
neighborhoods, in accordance with the ultimate Town vision. Additionally, 69% of the total
land of Prosper is reserved for single family residential neighborhoods.
A second factor influencing the number of high density dwelling units is mixed-use
development. Town residents indicated their preference for mixed-use residential lofts and
apartments in appropriate areas, mainly the Dallas North Tollway, Highway 380 and the Town
Center districts. Images reflecting mixed-use centers received very favorable responses in the
Town Visual Character Survey. Mixed-use apartments, such as those in Legacy Town Center
and Watters Creek, are much higher in density than garden style apartments—mixed-use
apartments and lofts typically average between 30-50 dwelling units per acre. Therefore, a
significant portion of the 5,000 additional high density dwelling units will likely be located
within mixed use areas in the Dallas North Tollway, Highway 380, and Town Center districts.
Based upon the future land use scenario and the previous assumptions, the ultimate capacity
for Prosper is approximately 69,300 residents. Changes in overall development patterns that
deviate from the Plan’s recommendations could significantly impact the ultimate capacity of
the community.
484848
Town of Prosper
Land Use Acreage DUA* Dwelling
Units PPH** Total
Pop
Low Density 2,573 1.2 3,087 3.4 10,498
Medium Density 3,763 2.3 8,654 3.4 29,427
High Density Single-Family (Artesia) 450 4.8 2,170 3.4 7,378
High Density Multi-Family (Artesia) 30 20 600 2.4 1,440
Garden Style Apartments*** - - 648 2.4 1,555
High Density Residential**** - - 5,000 2 10,000
Additional Population 58,743
Existing Population 10,560
Total Build-Out Capacity 69,303
*DUA (Dwelling Units per Acre)
**Persons per Household
***Existing garden style apartments. No new garden style apartments should be permitted.
**** Mixed-use lofts/apartments, patio homes, snout homes, townhomes and brownstones
49 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Population Projections
The Town of Prosper has experienced extremely
rapid growth over the past several decades,
discussed in more detail in the Planning
Context. External factors seem to indicate that
growth within Collin County will likely continue
in the foreseeable future. Likewise, with the
extension of the Dallas North Tollway through
Prosper, it is very likely that rapid growth within
the Town will also continue.
It is often difficult to calculate population
projection growth rates for fringe communities,
such as Prosper, particularly when such
communities are in the beginning stages of
their growth and maturity. It is therefore
beneficial to examine a wide range of potential
growth numbers including the historical growth
rates of Prosper, its neighbors and Collin
County, as a whole.
Six different growth rates were examined. A
7.6% growth rate is indicative of Prosper’s 40
year CAGR, a 10.9% growth rate is indicative of
the average 20 year growth of Prosper, its
neighbors and Collin County. An 11.8% growth
rate is indicative of Prosper’s growth over the
past 20 years, a 16.2% growth rate is indicative
of Prosper’s growth between 2000 and 2010,
and finally an 8.0% growth rate was used
representative of the projected compound
annual growth rate of Prosper through buildout.
1990-2010
CAGR Average
Collin County 5.6%
10.9%
Celina 6.4%
Frisco 15.8%
Little Elm 16.3%
McKinney 9.5%
Prosper 11.8%
Source Percent
Growth
Texas Water Board 50 Year
Projection 4.2
40 Year Prosper Growth Rate 7.6
Projected Growth Rate 8.0
20 Year Regional Average 10.9
20 Year Prosper Growth Rate 11.8
10 Year Prosper Growth Rate 16.2
Population Projections
10 Year Prosper Average
20 Year Prosper Average
20 Year Region Average
Projected 8% Growth
40 Year Prosper Average
Texas Water Board
0
10,000
20,000
30,000
40,000
50,000
60,000
70,000
2010 2015 2020 2025 2030 2035 2040
Regional Population Growth
50
Comprehensive Plan
Town of Prosper
COMMUNITY CHARACTER
Community Livability
What does the term livability mean with regard
to urban planning? Generally, livability reflects
the characteristics, aesthetics, design and social
aspects of Prosper that make the Town unique
and which help to establish a sense of
community. There are many intangibles that
make a place livable, such as a sense of
community, a strong sense of place in particular
areas, civic pride and the friendliness of
neighbors. There are also tangible aspects that
can promote livability as well.
Prosper is a unique community with its own
values and vision. The following section
describes in more detail some of those tangible
aspects that, when tailored to fit the needs and
vision of Prosper, can help the Town to grow in
a manner that enhances the quality of its
neighborhoods and helps to create vibrant
retail establishments. This section is intended
to describe, in more detail, the characteristics
of the Future Land Use Plan and is intended to
be used to guide decision makers what the
public believes the character of Prosper should
be as it grows. This section includes a
discussion of various land use concepts and
how they apply to Prosper, general
neighborhood characteristics, housing mix,
corridors and image enhancement.
It should be noted a significant number of
pictures in this section were taken directly from
the Visual Character Survey that was made
available to the public during August 2011.
Livability Guidelines
x Preserve small-town, rural feel
x Maintain open spaces that create a
quiet, open feel
x Provide large-lot homes
x “Raise the bar” on development/
attract quality development
x Attract neighborhood services,
such as a grocery store
x Build a system of connected parks
and trails for outdoor recreation
x Clearly brand and identify Prosper
through gateways and other
identifying features
x Provide entertainment venues for
families
x Create high quality mixed-use
centers where residents may shop,
dine, socialize and live
x Enhance Old Town Prosper
x Encourage a mixture of high-quality
residential types, for “in-town” and
“rural” living
51 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Land Use Concepts
Mixed-Use
Mixed-use refers to a development style that
combines a mix of land uses within one defined
zoning district. For example, residential, retail,
restaurants, office and public uses may be
allowed in the same building, same lot, same
tract, block or zoning district. Benefits of
mixed-use development include:
x Flexibility of building spaces over time
x Long term viability of commercial
districts
x Providing higher quality high density
residences;
x Inclusion of public facilities
x Reduction in the frequency of vehicular
trips
x Minimizing land consumption
Mixed-use developments are defined by their
design—building orientation, roadway
configuration and amenities such as shade
trees, benches and lighting create a safe
environment that is conducive for walking.
Intentional integration of diverse land uses
within one localized area creates a lifestyle
option where a person can perform many of
their daily needs and recreational desires within
a short distance of home. Such environments
are particularly attractive to young
professionals, young couples and empty
nesters.
Mixed-uses are typically either horizontal or
vertical in nature. Horizontal mixed-uses
involve retail, office and residential all located
within one defined area, but within separate
buildings. Vertical mixed-use developments
would include any combination of retail, office
and residential within the same building. A
common example of vertical mixed-use is
residential lofts and apartments above street-
level retail and office space.
General Guidelines
x Maximum Setbacks: bring building
facades closer to the street.
x Central Gathering Space or Focal
Point: Create an identity through
public space.
x Pedestrian Orientation: Facilitate
the pedestrian experience through
quality urban design. Ensure
access and connectivity to adjacent
neighborhoods.
x Architecture: moldings, spires,
canopies, balconies and building
locations all create a sense of
identity and contribute to the
experience.
x Strategic Parking: utilize shared
parking, on-street parking, parking
behind buildings and structured
parking.
x Connectivity: mixed use areas
should be tied in to adjacent
residential development.
52
Comprehensive Plan
Town of Prosper
COMMUNITY CHARACTER
What does mixed-use development look like in Prosper? We asked the community in a public
Visual Character Survey. The highest rated mixed-use pictures are shown below.
Past planning efforts, including the Town’s previous comprehensive plan, have indicated that the most
opportunistic location for a Town Center, a large mixed-use district, would be the area roughly
bounded by First Street to the north, Highway 380 to the south, BNSF Railroad to the west and Preston
Road to the east. This area is currently identified as a planned development by the Town’s zoning
ordinance.
Within Prosper, mixed-use areas may be appropriate along the Dallas North Tollway, Highway 380,
Town Center and Old Town districts, as shown below.
53 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Horizontal and Vertical Mixed-Use
Development
Mixed-use developments that include a range
of land uses incorporated within the same
building, but typically at different levels, are
referred to as vertical mixed-use developments.
Common examples of vertical integration
include apartments and lofts over ground level
retail and office uses. Examples of vertical
mixed-use developments are Shops at Legacy in
Plano, Watters Creek in Allen and the West
Village/State-Thomas areas of Dallas. Vertical
mixed-use development was preferred by
Prosper residents.
Horizontal mixed-use development is
representative of a mixture of uses within close
proximity to each other, but not necessarily
within the same building. Horizontal mixed-use
developments typically include residential uses
along the periphery of the larger development
area, separate from a more intense retail and
office core. An example of horizontal mixed-
use development is Southlake Town Center.
The central area of the Town Center includes
retail and office uses with residential
townhomes located on the periphery of the
development, primarily on the east side.
Two factors considered when determining
whether vertical or horizontal integration
should be utilized are land availability and land
value. In more intense areas of development,
land values are typically higher and land
availability may be significantly less. In such
locations, vertical integration, and higher
densities (up to 5 stories), would be most
appropriate. In Prosper, vertical integration of
mixed uses will likely occur within the Dallas
North Tollway and Town Center districts.
Horizontal mixed-use integration typically
occurs where land availability and value can
accommodate an overall lower density. Here,
1-3 story retail and office may be surrounded by
townhomes, patio homes, multi-unit homes and
other less intense uses. In Prosper, horizontal
mixed uses will likely occur within the Highway
380 and Town Center districts.
Vertical Mixed-Use
x Characteristics
o Multiple uses within the same building
o Live-above lofts and apartments
o More urban in nature
o Premium rents
o 4-5 story height for buildings with
residential uses located above the first
floor
o Structured Parking
x Considerations
o Consume less land
o Land value (density to maximize value)
o Higher density (typically more urban )
o Location: less appropriate when single
family residential areas are present
Horizontal Mixed-Use
x Characteristics
o Multiple uses within a planned areas,
but not necessarily within the same
building
o 1-3 story heights/lower density nature
o Areas of apartments, townhomes,
brown stones, patio homes and multi-
unit homes around the periphery,
buffering low-density neighborhoods.
o Structured parking or rear parking/rear
entry garages
o Typically more purchased units than
rental units.
x Considerations
o Consume more land
o With buffering, may be located near
residential areas along HWY 380
54
Comprehensive Plan
Town of Prosper
COMMUNITY CHARACTER
Transit Oriented Development
If transit oriented development becomes a desire in Prosper, it
should reflect the Town’s values and should be customized to fit
the Town’s built environment.
As the Town and DFW region continue to grow, and as the
regional transit network becomes more established, transit may
become a more viable and desired option for Prosper residents,
particularly for commuters. Feedback received from the Town Hall
indicates that transit is not desired at the current time. While rail
transit may not be an immediate need and may not be realistically
achieved for some time, discussion with the CPAC indicated that it
may be in the best interest of the Town to identify a potential
location for a rail stop and allow future residents to determine
whether or not rail will be appropriate if the 19.5 mile line to
Celina becomes a reality. If the North Carrolton to Celina Line is
constructed, the train will traverse the center of Prosper multiple
times daily. If this scenario occurs, it was expressed that rail
should be used to benefit the community, particularly as an
economic development asset.
If the desire for rail connectivity arises in the future, the most
appropriate location for a future transit stop, and for transit
oriented development, may be in the Old Town district of the
community, likely at the intersection of the BNSF railroad and First
Street. In addition to an existing rail line, the Old Town district
contains the historical past of the Town and therefore presents
many opportunities for a mixture of preservation and
redevelopment—a theme consistent with what community
residents indicated during visioning exercises. A station in Old
Town should be architecturally and aesthetically compatible with
the development in the Town Center and Old Town districts.
As Prosper continues to grow, development and redevelopment of
the Old Town area may become more realistic. If transit is
deemed appropriate in the future, its location in Old Town may
help to bring a unique mix of business, restaurants and offices to
the Old Town core.
The ultimate decision on whether or not transit is appropriate for
Prosper should be left to future residents and future Town Councils
to decide.
55 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Context Sensitive Solutions
Context sensitive solutions is the practice of
developing transportation projects that serve all
users and meet the needs of the neighborhoods
through which they pass. It is a collaborative
process that involves all stakeholders in
development street designs that fit into the
character of surrounding neighborhoods while
maintaining safety and mobility. The key is that
elements of the street should complement the
context of surrounding or adjacent
development in order to generate a “roadway
experience” and therefore the roadway may
take on certain characteristics to support and
be compatible with adjacent development. The
process of designing CSS roadways is similar to
the process of designing traditional
thoroughfares in that automobile traffic is
considered with traffic counts, traffic demand
and level of service information-gathering
efforts. The difference is that in addition to
automobile traffic, other elements, such as
pedestrian traffic, built environment and land
use, are also carefully considered.
The CSS approach recommends designing
thoroughfares based upon:
x Community objectives
x Functional classes
x Thoroughfare types
x Adjacent land use
x Environmental considerations
In order to design accordingly, decision makers
must understand the key relationship between
transportation and land use, particularly the
flexibility that may be needed in roadway
design in order to accommodate a thoroughfare
to changing urban form within the community.
Understanding key community objectives for
land use within the community is also
important in order to ensure that public
infrastructure investments are in line with
ultimate land use objectives.
A roadway may traverse a wide range of land uses. It is important to design the roadway
considering its role and impact in each particular area.
56
Comprehensive Plan
Town of Prosper
COMMUNITY CHARACTER
Coleman Road is a prime example of an
application of context sensitive solutions in
Prosper. Coleman Road will transition as it
traverses the community. The southern portion
of Coleman Road will traverse the Town Center.
In this area, it must consider the more intense
development that will likely be located within
the Town Center and its focus will be primarily
placed on moving traffic and safely
accommodating the pedestrian. As the
roadway moves into the Old Town district, it
must respect the character of Old Town. The
roadway will likely narrow and head-in and
parallel parking will likely be utilized. Other
pedestrian amenities, such as bulb outs, street
trees and enhanced sidewalks may be
considered. As Coleman Road continues to the
north of Old Town, it will transition into a
residential thoroughfare with more lanes added
and on-street parking removed.
Context Sensitive Principles
x Satisfies purpose and needs as
agreed to by a full range of
stakeholders
x Safe facility for user and
community
x Project in harmony with
community, preserves natural,
aesthetic, historic and natural
resource values of the area
x Project exceeds the expectations
of designers and stakeholders—
achieves a level of excellence.
x Project involves efficient and
effective use of resources
x Designed and built with minimal
disruption to community
x Project seen to have lasting value
to the community
An ITE Recommended Practice: Context Sensitive
Solutions in Designing Major Urban Thoroughfares for
Walkable Communities (2006)
Safe and attractive roadways
for pedestrians and traffic in
retail areas
On-street parking in
historic areas or high
pedestrian areas
Transition into resdiential
areas
57 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Building Orientation
Building orientation has the ability to
significantly affect the built environment of the
community. Over the past several decades,
strip shopping centers have been defined by
large setbacks and with parking areas located
between the building and the roadway. With
this type of design, much of the visual identity
of the corridor is placed on the parking lots and
vehicles, rather than on the architecture and
identity of the community and the buildings
themselves.
During visioning exercises, many Prosper
residents indicated that high quality non-
residential development should be a priority in
Prosper and that the “cookie-cutter” strip
centers that define many suburban
neighborhoods should be discouraged within
Prosper. Building orientation is a way to ensure
that high-quality retail and commercial centers
are developed within Prosper.
Retail centers should be clustered together,
when possible, creating nodes of activity rather
than strips of activity. Neighborhood retail
centers will most likely be located at major
intersections within Prosper. Clustering of
buildings into nodes of activity can often help to
define outdoor spaces such as plazas and
courtyards and the strategic orientation of
buildings can also minimize circulation conflicts.
An additional design which may be considered
is the placement of parking areas behind
buildings rather than along the roadway
frontage. The visual experience is then focused
upon the landscaping and architectural design
of the building, rather than on a large parking
lot located in the front.
Parking Lot Frontage and Building Frontage
Strip Center Retail and Nodal Retail
58
Comprehensive Plan
Town of Prosper
COMMUNITY CHARACTER
Livable Neighborhoods
Life-Cycle Housing Connectivity Identity Recreational
Access
Quality
Development
Neighborhood
Conveniences
Open Space Neighborhood
Signage
Encourage a variety of
housing types and sizes
to accommodate
different stages of life
within Prosper. Ensure
that all housing types are
built to the highest
possible quality.
Encourage connected
neighborhoods
emphasizing both
internal and external
connectivity.
Neighborhoods should be
linked to each other as
well as to the community
as a whole.
Encourage neighborhood
events, such as National
Night Out, block parties
and other neighborhood
events to promote social
interaction among
neighbors and to foster a
sense of community.
Incorporate the Parks
Master Plan in order to
create outdoor
recreational
opportunities for both
neighborhoods and the
community, enhancing
the quality of life of
Prosper.
Continue to encourage
the creation of custom
homes, a definitive
feature of Prosper,
through anti-monotony
standards and by
requiring quality building
materials that reduce
maintenance and
preserve long-term
appearance.
Incorporate
neighborhood retail
centers in strategic
locations which optimize
convenience for adjacent
neighborhoods. Offer
walkable connections to
adjacent neighborhood
as well as automobile
connections and discreet
parking.
In addition to parks and
trails, neighborhoods
should include open
space in order to
preserve the rural nature
of Prosper.
Delineate different
neighborhoods through
entrance features and
signage toppers.
Neighborhoods are the most important component within Prosper. They are the backbone of the
Town and the quality of its neighborhoods is the single greatest priority of its residents. Livable
neighborhoods, regardless of what type of environment, have some common characteristics. The
following is a discussion of some of these common characteristics as well as strategies to ensure that
neighborhoods are protected, preserved and enhanced as development continues to occur within the
Town.
59 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Long Term Neighborhood Viability
Neighborhoods are often defined in more
abstract terms by the sense of “community”
and the quality of life enjoyed by the people
who live and play there. Well-designed
neighborhoods provide a setting for residents
to develop a strong sense of belonging, which is
promoted by their interactions. The quality and
livability of the Town’s neighborhoods are
integral components of the overall character.
The key to a successful neighborhood is creating
a livable environment where the ongoing
investment in property is supported by public
investment in parks and greenbelt areas;
opportunities for social interaction; accessibility
for pedestrians, bicyclists and vehicles; and
distinctive characteristics which give an area a
unique identity. Prosper neighborhoods may be
quantified in terms of the following
characteristics:
• Opportunities for neighborhood
interaction;
• Careful and strategic placement of
retail uses and other appropriate
non-residential uses within access
of the neighborhood area;
• Continued investment in public and
private property to stabilize
property values;
• Condition of public facilities and
infrastructure serving the area;
• A sense of “community” and
belonging among residents through
distinctive neighborhood identities;
and
• Access to amenities such as parks,
open spaces, public facilities and
trails; and
• Incorporating open spaces within
neighborhoods as a definitive
feature of Prosper.
The majority of Prosper’s housing stock is
relatively new and in good physical condition.
Ensuring that the preceding principles are used
to guide new development will protect the long
term viability and continued investment in
Prosper’s neighborhoods in the future.
The following is feedback received
from Prosper Residents during the
Public Meeting regarding its
neighborhoods:
x Large-Lot Homes
x Keep home values high
x Mixed-use lofts/apartments
along certain corridors
x Open space/tree preservation
x Neighborhood services
x Sidewalks
x Bicycle/Jogging Trails
x Minimal Street lighting
x Sound barriers/buffers on high-
traffic corridors
x “Chic Country” community
x Space for community/
neighborhood festivals and
events
x Entertainment for families
60
Comprehensive Plan
Town of Prosper
COMMUNITY CHARACTER
Housing Mix
It is important for communities to provide a
variety of housing for its citizens and to meet
the needs of different segments of the
population. The “full-life cycle” is intended to
describe all stages of life—young singles,
professionals, families with children, families
without children, singles, empty-nesters,
retirees and seniors. While large-lot traditional
single family homes will be the majority land
use in Prosper, the following is a list of housing
options which may be utilized to create full-life
cycle options in Prosper. Regardless of the type
of housing, it is essential that the highest level
of design be utilized, including quality
architecture, amenities and long-lasting, low
maintenance building materials.
Mixed-Use Apartment/Loft: High density dwelling units for rent which
are typically located above ground level retail uses. May be renter or
owner occupied. Generally speaking, these housing types appeal to
young professionals, young couples and singles.
Snout House: A single family detached residential unit where the
garage typically projects from the unit towards the street. The smaller
housing size provides a high quality and slightly more affordable
housing option for young families and starter families.
Single Family Home: A larger single family detached dwelling unit.
Generally accommodates larger established families with children.
Patio Home: Typically a zero-lot line home or single family attached
home with a reduced setback from the street and a lot width under 50
feet. Such uses are becoming increasingly pouplar with empty nesters
who seek a quality residential structure with less yard maintenance
and living space.
Mother-in-law Suite: This is an accessory residential unit located on a
single family lot which does not have a presence on the front street. It
will also include a separate entry from the main house. These
accessory units are typically used to provide living space for extended
family members.
Multiple
Family y
Starter
Home
Move-up
Home
MEmpty
Nester
E
Adult
Living
Complex
Adult
Assisted
Living
Md
61 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Housing Mix-Alternative Housing Options
Generally speaking, most of Prosper’s housing
options are, and will continue to be, larger lot
single family homes—the majority of residential
housing options should take place on lots
greater than 12,500 square feet in size. Prosper
residents have indicated that other housing
types are appropriate within the community but
that such units should primarily be confined
within the Dallas North Tollway, Highway 380,
Town Center and Old Town districts The
following are the preferred housing options, in
descending order, as preferred by the CPAC:
x Mixed-Use Lofts
x Mixed-Use Apartments
x Patio Homes
x Zero-Lot Line Homes
x Snout Houses
x Brownstones
x Townhomes
With the exception of mixed-use lofts and
mixed-use apartments, many of these
alternative housing options will require a
different accessibility approach, particularly
when looking at garage location and entry. The
large lot pattern of Prosper’s neighborhoods
has, up to this point, negated the need for rear
entry garages. When lot sizes are reduced, such
as in the cases of townhomes, brownstones,
patio homes and zero-lot line homes, design
approaches tend to favor rear entry garages for
two primary reasons; aesthetics and drainage.
Rear-entry garages on developments with lot
sizes less than 50 feet in width help to protect
the visual integrity of the streetscape by
reducing the visibility of closely situated garages
and driveways. This is particularly important
when looking at townhomes, brownstones,
zero-lot line homes and patio homes which are
either attached or closely situated to one
another. Rear entry garages allow more
landscaping opportunities and create a more
walkable environment in such areas by reducing
the frequency of individual driveways.
In addition to aesthetics, rear-entry garages
may also aid with drainage. Determining where
water that collects in ones backyard should
drain is often a contested issue. Having rear-
entry garages or a small rear yard/rear patio
feature can be a design advantage to this effect.
While rear-entry garages should be considered
for the densest forms of residential housing
options, it is likely that front-entry garages will
continue in the majority of Prosper’s lower
density neighborhoods.
Rear-Entry Townhome
Front-Entry Townhome
62
Comprehensive Plan
Town of Prosper
COMMUNITY CHARACTER
Transitional Uses, Screening and Buffering
The Future Land Use Plan seeks to minimize
conflict between residential and nonresidential
areas, but screening and buffering efforts can
help to mitigate any remaining incompatibility
between land uses.
The Town should consider reviewing the
existing screening and buffering requirements
between residential and nonresidential
developments. There are several options to
alleviate the conflict: require transitional uses,
screening, and/or buffering.
Larger setbacks, such as a 40 foot setback, may
be utilized to protect the public view and create
a more rural feel. Within such setbacks,
extensive landscaping, such as berms, double
rows of large trees and solid living evergreen
screens may be used. Examples of “living
screens” were rated favorably in the Visual
Character Survey and include the types of
screening mentioned above, typically on
setbacks greater than 25 feet. When landscape
berms are used, consideration for maintenance
should be a priority. Typically speaking a 1:3
slope should be used for landscape berms to
ensure proper maintenance. So, for example, a
25’ setback would allow a 4’ berm; a 30‘ setback
would allow a 5’ berm; and a 40’ setback would
allow a 6’ berm.
If a screening wall is used, the wall should be
constructed entirely of brick, masonry, or other
like material consistent with the exterior finish
of the primary structure. It should also be at
least 6 feet in height. Wood is a high
maintenance material and therefore is not
recommended for screening walls.
Construction of such a wall would typically be a
responsibility of the nonresidential land use
developer. If a retaining wall is located on the
property line, the screening wall should be
located on top of the retaining wall to maximize
visual screening.
In addition to screening
residential areas from non-
residential areas, screening and
buffering techniques should also
be used to protect the visual
realm from unwanted eyesores
such as:
o Trash receptacles
o Utility Boxes
o Commercial loading docks
o Expansive parking lots
A variety of screening uses may be
utilized including masonry or brick
walls, shrubs, trees and landscape
berms, among others.
63 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Open Space Preservation
A common theme expressed by CPAC members
and Town Hall attendees was the need to
preserve open space within Prosper. Many
residents have chosen to live in Prosper due to
its quiet, rural feel and abundant open spaces.
Prosper is located along a prime development
corridor and therefore significant pressure will
be placed on land owners to sell property and
existing open spaces for development in the
future. Therefore, in order to preserve open
space within the community, Prosper may
consider the following options.
Purchase of Development Rights (PDR) is a
program that enables the community, or a land
trust, to purchase the development rights from
a landowner. Essentially, the municipality or
trust would purchase the difference between
the appraised and market value (what a
developer would pay for purchase of the
property) in exchange for the landowner not
developing the land. The landowner can
continue to use the land as farmland or open
space. Once an agreement is reached, the land
may not be subdivided or developed. In the
future, the property owner may sell the land at
the appraised value, but the restrictions on
development remain. One advantage to PDR is
the preservation of open space and the
continued ownership of land by the property
owner. The disadvantage is such land remains
under the control of the landowner, even after
development rights have been purchased, and
therefore is not public space. Only the
development rights have been purchased, not
the land itself.
Transfer of Development Rights (TDR)
While not commonly used in Texas, TDR is a
way of transferring development rights from a
transfer area, or open space, to a receiving area
(area approved for development). If, for
example, the tollway district was identified as a
receiving zone, a developer that was seeking
development greater than the approved density
for that district could purchase the
development rights from an area containing
open space and transfer that right to develop to
his/her property along the tollway. The
developer is therefore able to build at a higher
density and open space is able to be preserved
elsewhere. This increased density option would
only be allowed in areas identified as receiving
zones, not within individual neighborhoods.
Conservation Easements are another method
of preserving open space. Conservation
easements are initiated by the land owner in an
attempt to protect their property from future
development. In its publication Conservation
Easements: A Guide for Texas Landowners, The
Texas Parks and Wildlife Department outlines
many of the advantages of conservation
easements, including tax benefits. Typically, a
property owner voluntarily creates an
agreement with a municipality or county that
limits development on the landowner’s
property. In a conservation easement, the
landowner will limit their right to one or more
of the following: right to manage resources,
change use, subdivide or develop. Conservation
easements ensure that a farm, ranch, estate or
open space area is preserved from
development pressures in the future. The
advantage to conservation easements is that
land is preserved indefinitely and such
easements may be sold or donated to land
trusts for significant tax credits. The
disadvantage is that the landowner receives no
monetary reimbursement for not developing,
such as in the purchase of development rights
scenario, other than tax credits.
Parks Plan
The Town of Prosper currently has a park
dedication ordinance that requires 1 acre of
park dedication for every 35 units or 5% of total
land. The system of parks and trails established
by the 2007 Parks Master Plan is the most
significant way open space can be preserved
within Prosper. Park land dedication should be
guided by the adopted Parks Plan.
64
Comprehensive Plan
Town of Prosper
COMMUNITY CHARACTER
Social Interaction
The term community naturally implies the
congregation and interaction of people.
Residents identified that one of the defining
features of Prosper were its residents and the
sense of community that exists within the
Town.
As the Town continues to grow, a sense of
community will continue to be an important
characteristic of the Town. With a larger
population, the built environment will need to
provide spaces and opportunities for residents
to meet, congregate, interact and enjoy life.
Creating such venues will help foster a sense of
community among residents and will create
family environments where interaction begets
new friendships.
An amphitheater was seen as a potential
opportunity to host Town events. This
Amphitheater, when combined with a larger
open space/park area, could serve as a central
location for Town festivals and events.
In addition to a community garden, many
communities in North Texas have begun to offer
farmers markets, encouraging local growers to
bring in fresh produce for residents to purchase.
The number of farmers markets has increased
17% from 2010 to 2011, with the second largest
growth occurring in Texas at 38% (US
Department of Agriculture – Agricultural
Marketing Service news release, Aug 5, 2011).
Farmers markets and community gardens can
also be beneficial in supporting the local
economy and encouraging social interaction.
The creation of the Town Center and other
mixed uses will also help to create additional
places for Prosper residents to interact and
socialize with other families by creating
opportunities for retail shopping and dining.
65 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Corridors and Districts
Preston Road
A major component of the visioning exercises pertained to the three major corridors in Prosper:
Preston Road, Dallas North Tollway and Highway 380. The following discussions on each corridor
are a result of the visioning exercises and feedback received from the comprehensive plan
advisory committee and the general public.
Land Use
Preston Road was described by numerous residents as “our road.”
Traversing the center of the community, Preston Road will have a
variety of land uses and will have a varying context. In the
southern portion of Prosper, Preston Road will accommodate
higher degrees of traffic, particularly as it traverses the Town
Center. Retail, office and some medium density residential will be
located along Preston Road on the southern end of the Town,
gradually becoming more residential in nature as it moves north.
Small scale office and retail may be located in certain areas along
Preston Road and these should be the types of uses which service
adjacent neighborhoods. Big box uses, mid-rise development, and
more intense land uses were generally not viewed as favorable as
small-scale retail and office uses. Residents identified an upscale
grocery store, such as a Central Market or a Whole Foods, as one
of their top priorities along Preston Road. Some medium density
development was positively rated along Preston Road, but such
development should not be in the form of garden style
apartments and would best be included as part of the Town
Center area in the southern portion of the corridor.
Character
The character of Preston Road should be more rural in nature,
respecting the small-town character of the community. Large,
heavily landscaped setbacks should be prevalent along the
roadway helping to differentiate Prosper from Frisco while
also providing a natural sense of calm for Prosper residents.
Wide setbacks are particularly important as the roadway
traverses residential areas generally north of First Street.
Areas of retail should be designed to the highest level of
quality and architectural characteristics within individual
developments should follow a theme consistent with recently
completed development. Residents felt that retail areas
should be organized in a nodal nature rather than in a strip
center fashion in order to prevent the entire roadway
frontage from being consumed by retail. Unanchored, stand-
alone retail establishments should be discouraged in favor of
a nodal shopping center development.
66
Comprehensive Plan
Town of Prosper
COMMUNITY CHARACTER
Dallas North Tollway
Land Use
Unlike Preston Road, regional development pressures will be
likely be placed along the Dallas North Tollway. Feedback
received from the public indicated that more intense uses
would be appropriate along the corridor. Types of uses that
scored relatively well included mid-rise office buildings,
mixed-use development and corporate office parks, among
others. Generally speaking, the DNT corridor will contain
land uses that support a more regional context and will likely
include office space, retail uses and business parks. High
density residential is appropriate within the DNT corridor.
Mixed-use lofts/apartments are the preferred style of high
density residential within this district. Garden style
apartments, however, should be prohibited. Images
depicting big box retail, auto sales centers and commercial
services, such as self-storage facilities, scored the lowest
along the Dallas North Tollway.
Character
The character of the Dallas North Tollway will be significantly
more intense than the rest of the Town. The most intense
development will be located in the southern portion of the
corridor, primary around the interchange of the Dallas North
Tollway and Highway 380. Development in the Northeast
corner of this intersection will likely be a continuation of the
Town Center district, much in the same way office uses
surround Legacy Town Center in Plano. Areas on the
Northwest corner of the interchange are currently identified as
mixed-use. A mixture of office, retail and medium to high
density residential will likely develop within this area.
Floodplain on the north side of the Northwest corner will serve
as a buffer between the more intense development and the
low density residential neighborhoods to the north. Intensity
of development should gradually decrease on the north side of
the Dallas North Tollway corridor and backage roads will help
to facilitate the creation of pad sites that may buffer the
Tollway from residential uses.
67 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Highway 380
Land Use
Of the three major corridors, Highway 380 contains the
longest stretch of potential development. Generally
speaking, land uses along the Highway 380 Corridor were
seen to be more commercial in nature. Unlike Preston Road
and the Dallas North Tollway, big-box retail scored relatively
well along Highway 380, in addition to office, hotel uses,
retail centers and service uses, such as a gas station and fast
food restaurant. Similar to the other categories, industrial
uses, including warehouses, were not seen as a highly
appropriate use along the Highway 380 corridor. Due to the
length of the corridor, a variety of land uses will be located
along the corridor. Typically speaking, retail and service
establishments will locate adjacent to Highway 380 and
along major intersections, in a nodal pattern of activity.
Such uses capitalize on higher traffic counts and require a
higher degree of visibility. Big box uses may also be located
along the corridor, but pad sites should be located adjacent
to Highway 380 to capitalize on visibility and pass-by trips.
Residential uses, such as patio homes, snout homes and
townhomes and brownstones may be located within this
district. Such uses will likely be used as a buffer between
more intense uses along Highway 380 and lower intensity
residential neighborhoods to the north. Such uses may also
be located mid-block, reserving major intersections for retail
and commercial uses.
Character
The character of Highway 380 will be much more
commercial in nature. Wide setbacks with large
landscape buffering will protect the visual appearance of
the corridor, while still allowing more intense
commercial land uses to operate. Big Box retailers may
be permitted, but they should be designed to the highest
possible quality, incorporating significant landscaping,
high quality materials, such as stone and brick, and
should contain architectural enhancements and building
articulation.
Medium and high density residential options may be
included within the Highway 380 corridor but such uses
should be carefully designed to protect, enhance and
buffer low density neighborhoods to the north from
more intense development along Highway 380.
68
Comprehensive Plan
Town of Prosper
COMMUNITY CHARACTER
Old Town
The Old Town area of Prosper is, in many ways, the heart and soul of the community. As the Town
continues to experience rapid growth, it is this core and center than can serve as an identifying
feature of the Town and can also serve to showcase Prosper’s humble beginnings. Many
communities in the Dallas/Fort Worth metropolitan area have used their downtowns as an
identifying feature. Prosper residents have identified the significance of the downtown area and
have indicated its potential role in the future of the community.
Coleman Road serves as a divider between residential uses to the east and non-residential uses to
the west. The western side of Coleman will be the primary area of focus for redevelopment and
infill. The Old Town district indicates that commercial, office, retail and single family uses will be
permitted within the district. It is anticipated that many single family dwelling units along First
Street and Broadway will gradually convert to boutique retail and cottage office uses, requiring
flexibility in land use decisions as these areas transition over time.
Coleman, Broadway and First Street will serve as the primary corridors within the downtown area.
Special attention to context sensitivity should be given to these roadways as they move from newer
areas into the downtown. Parallel and head-in parking will likely be included along with pedestrian
walkways and streetscape enhancements.
If a transit station is built at First Street and the BNSF railroad, higher density residential options
should be permitted near the station. Currently, only studio apartments are permitted within the
Old Town district. High density residential options, such as vertical mixed-use development,
townhomes and brownstones should be considered within close proximity of the transit station.
Locating high-density residential within 1/4 mile of the transit station will help ensure long term
viability and effectiveness of transit and will ensure that Prosper’s transit station is more than simply
a “park-and-ride.”
All future development should be consistent in theme, possibly emphasizing an “old downtown” feel
consistent with Texas downtowns at the turn of the 20th century. Lewisville, McKinney and Plano are
examples of successful downtown rehabilitation projects which project such an image.
Old Town Transportation Plan Section A: Four lane divided roadway with a landscaped median and a landscaped parkway separating pedestrians from traffic. This section serves as a major entrance into Old Town from the east. No on-street parking. Section B: Two lane divided boulevard with a large center median containing landscaping. Wide travel lanes allow for bicycle accommodation and a landscaped parkway separates pedestrians from traffic. No on-street parking. Section C: Two lane divided boulevard with a large center median containing landscaping. On-street parallel parking is permitted and a landscaped parkway separates pedestrians from traffic. Section D: Two lane undivided urban roadway. Wide 20’ sidewalks accommodate patio seating, pedestrian traffic and street trees. On-street angled parking is permitted and bulb-outs are located at intersections to enhance pedestrian visibility at crosswalks. Section E: Two lane undivided roadway with on-street parallel parking and an immediately adjacent 8’ sidewalk. A large private setback of 25’ is included. Section F: Two lane undivided roadway with on-street parallel parking and a 15’ sidewalk. 10’ of the sidewalk will be located within the right-of-way and the additional 5 feet will be a 5’ setback to building face. Section G: Two lane divided roadway with a center median containing landscaping. On-street parallel parking and a 10’ sidewalk are included. Land Use The predominant land use within Old Town will be single-family residential. All infill development within such areas should conform to the architectural guidelines established for the Old Town district. Such guidelines are created to protect the continuity of look and feel within Old Town. Along Broadway and First Street, single-family uses will gradually transition to boutique, cottage-style office and/or specialty retail uses. Broadway west of Coleman, will be the retail core of the downtown. Shops, restaurants, and small office uses may be located within the main street retail area. This area is intended to be the heart and main activity center of the Old Town Area. As redevelopment occurs, building frontages should be brought to the property line to be consistent with ultimate streetscape improvements. Adjacent to the retail core, a mixed-use district incorporating mixed use lofts/apartments will serve as a buffer between the Business Park and the core of Old Town. This area will also provide rooftops that service adjacent retail establishments. The Green space area will serve as a community park and its location adjacent to the retail core of Old Town and the mixed-use district will make it an opportunistic and useable open space area. Niche retail is recommended along Preston Road and at the northern end of Coleman. Retail development within these areas should fit within the architectural framework of the Old Town area. Setbacks should be reduced, when possible, along Coleman and Broadway to frame the roadways.
71 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Image Enhancement
Prosper is a unique community. Many who
have moved to the Town express their diverse
reasons for relocating to Prosper. Reasons
include its excellent school system, its wide
open spaces, its large lot homes, its friendly
neighbors and rural setting with access to the
Town, among others. This section seeks to
define some of those attributes and using these
attributes to establish a recognizable image for
the community’s built environment.
Branding
g
Community branding is the concept of establishing an identity and
then working to ensure that the desired identity is reflected and
portrayed in the built environment. In Prosper, residents have
clearly identified that the rural, open spaces of the community are a
defining feature of Prosper, particularly defining when compared
with other North Dallas suburbs such as Frisco, Plano, McKinney and
Little Elm.
Residents identified that a common perception and image of
Prosper to outsiders is an upscale, rural community with open
spaces and large-lot homes. Despite the current availability of open
spaces and agricultural land, the Town will continue to grow and
develop. As the community grows, however, development
standards may reflect certain architectural characteristics that may
be unique to Prosper, helping to visually distinguish the Town from
adjacent communities, particularly its retail centers. Additionally,
setbacks and landscaping may be used along major corridors to
create a more rural atmosphere, even as the Town develops. Large
setbacks and medians may be heavily landscaped with trees, shrubs
and other natural elements. As trees grow and mature, the
presence of a dense tree canopy will help to create a more natural
feel within the community. Additionally, the Town may reduce the
amount of internal lighting to mitigate light pollution and enhance
dark skies, further enhancing the rural feel.
The Town’s extensive Parks Plan, as it is implemented, will also
significantly help to create and preserve open spaces and will
contribute significantly to the Town’s quality of life by providing
outdoor recreational opportunities.
As development occurs, all new development should not only meet
the development standards of the community, but should also be
analyzed based upon how they will contribute to the image and
branding of the community based upon Prosper’s vision, goals and
values.
72
Comprehensive Plan
Town of Prosper
COMMUNITY CHARACTER
Gateways
The visual monotony that is often inherent to
communities within a particular geographic
area makes it appear that each one is just like
its neighbors. For example, the visual
appearance of a community to a traveler along
the Dallas North Tollway may be very similar to
the appearance of any other nearby
community. This lack of design variety,
especially along major corridors, tends to create
anonymity, and it becomes difficult for people
to know when they have left one community
and entered another. Gateways can provide a
strong sense of arrival to, as well as a sense of
departure from, the community. These features
are the first thing visitors see when they arrive
and the last impression visitors have when they
leave.
The design of gateways into the Town of
Prosper should be guided by several factors.
One of the most obvious factors is the number
of people using a particular entry point. The
most heavily traveled the roadway entering the
community will be the Dallas North Tollway.
Although it may be difficult to create an
aesthetically-pleasing gateway visible from the
highway, the bridges and the frontage roads are
alternate options. Improved overpasses with
decorative rails, landscaping, lighting, and
possibly signage are possibilities. In addition,
two entry features for the Town placed directly
along the Dallas North Tollway frontage roads,
both leading into and out of the community
(i.e., at the northern and southern corporate
limits) would be a positive step in creating a
visual identity once the Tollway is constructed.
Gateways could include the use of signage,
landscaping, and other design elements such as
lighting, fencing, paving patterns, art/sculptural
elements, a variety of earth forms, or other
identifier that signifies arrival into the Town.
Another important factor in the design of
gateways is to develop an entryway that
provides a sense of identity for the community
while projecting a desirable image for the Town.
For example, the windmill is a component of
the Prosper logo and may be used as a
component of Town gateways, if so desired by
the community. The windmill feature is a
strong representation of who Prosper is –it
identifies the Town’s humble beginnings as a
small agrarian town and also highlights and
reflects many of the Town’s values such as large
lots, open spaces and rural, small town feel.
Consideration should be given to establishing a
uniform design concept for all gateway areas,
and hierarchical distinction between major and
minor gateways can be achieved through design
modification for each type of entry feature.
Minor gateways could be specific to the
individual neighborhood, reflecting the distinct
character of each area.
Design of entry features should take into
consideration the setting in which each feature
will be placed. Although an entry feature might
ideally be placed at the corner of a roadway
intersection which is at, or near, the true Town
limits, the design of the feature might conflict
either visually or aesthetically with an adjacent
retail use at the intersection. In such a
situation, it may be prudent to move the entry
feature further into the community to provide a
better setting and better visibility, such as
placing it upon the thoroughfare median, if
there is one. The traffic speed at which an entry
feature is viewed must also be taken into
account, and the size, boldness and scale of the
feature should be designed accordingly.
It is important for the Town of Prosper to assert
its differing qualities to distinguish itself from
the surrounding communities. Gateway
features are a simple first step in this direction.
Priority for funding entry features, both in
terms of total dollars spent per entry and in
terms of the timing of expenditures, should be
directly related to the number of people using a
particular entry point. Often, donations can be
solicited from civic groups to assist in the
funding of specific gateways and/or their
maintenance (e.g., an "adopt a gateway"
program).
73 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Gateway size and design should consider traffic,
traffic speeds land use context. In Prosper,
primary gateways will be located along the
Dallas North Tollway, Highway 380, Preston
Road and the “corners” along the Town’s
perimeters. Secondary gateways may be
located along Coit, Legacy, Teel, Lovers Lane,
Gee and other minor entrances into Prosper.
Gateways take a wide variety of shapes, sizes
and forms. They may be very large, such as the
Frisco gateway at SH 121 and the Dallas North
Tollway, or they may be small. Some logos
include the community logo, others incorporate
art or design that is reflective of the
community’s values and history.
Prosper may desire to use the windmill as a
design element within its future gateways. The
windmill is a symbol that is reflective of the
Town’s history and past and is currently a
component of the Town’s logo. The design of the
Town’s gateways should be consistent in theme
and should help to identify Prosper to visitors as
well as welcome residents home.
74
Comprehensive Plan
Town of Prosper
COMMUNITY CHARACTER
Maintaining compatibility between
the Zoning Map and the Future Land
Use Plan
Chapter 211 of the Texas Local Government
Code states that “zoning regulations must be
adopted in accordance with a comprehensive
plan.” Consequently, a zoning map and zoning
decisions should reflect the Future Land Use
Plan to the fullest extent possible. Therefore,
approval of development proposals that are
inconsistent with the Future Land Use Plan will
often result in inconsistency between the
Future Land Use Plan and the zoning
regulations.
At times, the Town will likely encounter
development proposals that do not directly
reflect the purpose and intent of the land use
pattern as shown on the Future Land Use Plan
map. Review of such development proposals
should include the following considerations:
x Will the proposed change enhance the
site and the surrounding area?
x Is the proposed change a better use
than that originally envisioned and
depicted on the Future Land Use Plan
map?
x Will the proposed use impact adjacent
residential areas in a negative manner?
x Will the proposed use be compatible
with and/or enhance adjacent
residential uses?
x Are uses adjacent to the proposed use
similar in nature in terms of
appearance, hours of operation, and
other general aspects of compatibility?
x Does the proposed use present a
significant benefit to the public health,
safety, welfare and/or social well-being
of the community?
x Would it contribute to the Town’s long-
term economic stability?
Development proposals that are inconsistent
with the Future Land Use Plan map (or that do
not meet its general intent) should be reviewed
based upon the above questions and should be
evaluated on their own merit. It should be
incumbent upon the applicant making such a
proposal to provide evidence that the proposal
meets the aforementioned considerations,
supports community goals and objectives as set
forth within this Plan, and represents a long
term economic and/or social benefits for the
community as a whole, not just a short-term
financial gain for whoever is developing the
project.
It is important to recognize that proposals not
directly consistent with the Plan could reflect
higher and better long-term uses than those
originally envisioned and shown on the Future
Land Use Plan map for a particular area. This
may be due to changing markets, demographics
and/or economic trends that occur at some
point in the future after the Plan is adopted. If
such changes occur, and especially if there are
demonstrated significant social and/or
economic benefits to the Town of Prosper, then
these proposals should be approved and the
Future Land Use Plan map should be amended
accordingly.
75 Town of Prosper, TX
Comprehensive Plan
TRANSPORTATION
TRANSPORTATION PLAN
The thoroughfare system forms one of the most
visible and permanent elements of a
community. It establishes the framework for
community growth and development and, along
with the Future Land Use Plan, forms a long-
range statement of public policy. As the
alignment and right-of-way of major
transportation facilities are established and
adjacent property developed, it is difficult to
facilitate system changes without significant
financial impacts. However, by incorporating
programmed land uses and densities of the
Future Land Use Plan, strategies can be
developed that maximize the land
use/transportation relationship.
Several key principles were recognized in the
preparation of Plan recommendations and
included the following:
• Prosper should have safe and
convenient internal circulation between
neighborhoods, core community assets,
and special areas.
• Transportation facilities should define
rather than split residential areas in
order to preserve neighborhood
integrity. Through traffic should be
routed to specific facilities designed to
accommodate non-local and regional
traffic.
• A sidewalk and trail system connecting
Prosper’s amenities and parks with
neighborhoods should be available.
• Key corridors and gateways should
include enhanced landscaping to
promote image/identity.
• Monitor regional growth implications in
order to proactively address mobility
and accessibility issues to/from the
Town.
76
Comprehensive Plan
Town of Prosper
TRANSPORTATION
Planning Context
2010 Thoroughfare Plan
Updated in July 2010, the Prosper Thoroughfare
Plan established a traditional grid network of
streets with connectivity of major roadways to
key streets in adjacent communities. Key to this
plan is the identification of strategic corridors
for accommodating local and long-term regional
travel demand. As regional growth is rapidly
moving northward through Collin County,
several key roadway facilities have been
identified for accommodating future cross-town
movement while others are aimed at
accommodating localized traffic.
Key north-south and east-west roadways (up to
six-lane) include Dallas North Tollway (DNT),
Preston Road (SH 289), Custer, Coit, Legacy,
Teel, FM1385/Gee Road, Highway 380 and FM
1464 Frontier Parkway/Parvin Road. Several
other east-west roadways are aimed at
accommodating localized traffic on smaller
sized streets (up to four-lane divided) and
include Prosper Trail, First Street/Fishtrap, and
Lovers Lane.
The Plan also established special roadway
considerations for Old Town, Town Center area,
backage roads along DNT and portions of
Highway 380.
The roadway network established in the 2010
Thoroughfare Plan is a departure from the
“modified hub and spoke” concept established
as part of the 2004 Comprehensive Plan. That
concept was aimed at localizing traffic from
within the community to desired hubs of
development situated within the Town. While
not dissimilar in nature to the grid network, the
plan also included an internal loop road, couplet
streets and connection points for development
support along DNT.
Other Planning Initiatives
NCTCOG Planning
The Regional Thoroughfare Plan (RTP) and the
Metropolitan Transportation Plan (MTP) are
both important to consider when making
decisions locally. Coordination of planning
efforts may help accelerate funding sources and
ultimately help to ensure that roadways at a
regional level are functional and compatible.
The North Central Texas Council of
Governments (NCTCOG) is responsible for
creating both the RTP and the MTP—both are
directly related to the ability of the region to
compete nationally for federal transportation
funds. It is important that the Town monitor
both the RTP and the MTP and communicate
any changes in order to ensure that plans within
Prosper are understood by other agencies and
reflected accordingly.
2010 Prosper Thoroughfare Plan
77 Town of Prosper, TX
Comprehensive Plan
TRANSPORTATION
Collin County Transportation Plan
In 1999, Collin County adopted the first
Transportation Mobility Plan aimed at
coordinating regional roadway
improvements among the
various municipalities and
agencies to address long-term
County growth needs and
capital improvements
planning. Subsequently
updated in 2003 and 2007,
Collin County is currently in the
process of initiating the next
generational update slated for
2012.
Within the Town, the 2007
County Plan contains some
differences relative to the
Prosper Thoroughfare Plan
including:
• Prosper Trail as a six-lane
divided (Plan has four
lanes)
• First Street as a six-lane
divided (Plan has four lanes)
• Extension of Independence Parkway
north of US380 to First Street (not on
Plan)
• Extension of La Cima beyond north First
Street to Frontier Parkway (not on Plan)
As the update to the 2012 Mobility Plan is
developed, it is recommended that Prosper’s
Thoroughfare Plan elements be conveyed to
County planners for inclusion into their plan.
The County Plan also contains the northeastern
section of the planned Dallas-Ft. Worth
Regional Outer Loop. Currently, only a portion
of this corridor, from Dallas North Tollway to SH
5, remains in the NCTCOG Metropolitan
Transportation Plan: Mobility 2035 as viable
due to financial funding constraints. While not
a direct impact to Prosper, a long-term benefit
of this improvement is the potential reduction
in north/south travel on surface streets in favor
of highway access on the DNT.
Area Transportation Service
A topic identified early in the planning process
was a desire to provide shuttle service for
seniors within Prosper. Collin County Area
Regional Transit (CCART) currently provides
transit services in Collin County, including on-
call/demand response. This service provided by
the County can be utilized by seniors, or other
Town residents, when there is a need for
transportation assistance.
CCART operates Monday through Friday with
service from 6am to 6pm. Advanced
reservations also can be made from 6am to
6pm.
2007 Collin County Transportation Plan
78
Comprehensive Plan
Town of Prosper
TRANSPORTATION
Highway Improvements
Plans are underway for improvements to key
highway corridors within Prosper. The
following summarizes activity on Preston Road
(SH 289), US 380 and the DNT:
• Preston Road (SH 289) Overpass at
Highway 380: Construction is underway to
expand this overpass from two to six-lane
lane divided. Work on this project began in
March 2011 and is slated for completion in
September 2012.
• Preston Road (SH 289): Preston Road will
be expanded from two to six-lane divided
between Highway 380 and
FM1461/Frontier Parkway. Construction is
set to begin in the first quarter 2012 with
completion targeted for first quarter 2014.
All major crossings with Preston will be at-
grade.
• Highway 380: TXDOT is currently
developing schematic plans to expand this
facility from 4/5 lanes to six-lanes between
Custer Road and the Collin County line.
Between Lovers Lane, both east of Preston
and west of DNT, a differing roadway
section is being planned and will contain
grade separated main lanes at Preston and
DNT and frontage roads. The Highway 380
frontage roads will intersect with frontage
roads of DNT and Preston will be similar to
the SH 121/DNT/Preston interchange (three
level interchange). This 2-3 year project is
slated to begin early 2014 with completion
in 2016 or early 2017. Within the Denton
County portion of Highway 380, there are
no current plans for expansion at this time.
• Dallas North Tollway: Currently, no timing
has been established for the
implementation of the adjoining frontage
road or extension of main lanes to FM 428
in Celina. The Town is working with the
County to potentially initiate the
implementation of the southbound
frontage road between Highway 380 and
Frontier Parkway, however no plans have
been finalized at this time. Grade
separations are envisioned at Lovers Lane,
First Street, Prosper Trail and Frontier
Parkway.
Regional Rail
In 2005, NCTCOG initially examined the
feasibility of long-term regional rail service to
various areas of the Metroplex. Within the
Prosper area, analysis of regional rail extended
only through Frisco. The Frisco Line, a 34.3 mile
line extending from Irving to just south of
Highway 380 in Frisco, was considered in the
study. Evaluations considered long-term
population and employment growth, existing
rail corridors and compatibility with other
freight operations, projected rider-ship, capital
and operations/maintenance costs, system
connectivity, among others in the analysis. A
potential station location within Prosper is the
BNSF Railroad at First Street within the Old
Town district.
The analysis concluded with a rider-ship
forecast of 1,000 to 3,000 persons daily at the
far northern end of the line in Frisco, and was
initially recommended for inclusion to Mobility
2030 as a corridor for further evaluation. While
no funding has been identified at this time, this
line has been recommended for long-term
consideration in Mobility 2035.
Mobility 2035 has also identified the
consideration of this rail line through Prosper to
the northern county limit as a “corridor for
future evaluation”.
79 Town of Prosper, TX
Comprehensive Plan
TRANSPORTATION
Existing Conditions
An analysis of existing traffic volume was
conducted to identify travel patterns and serve
as a basis for identifying roadway needs. Traffic
volume data collected in April 2010 as part of
the roadway impact fee system update was
used to conduct a level of service analysis. Data
collected as part of that study effort contained
PM peak hour directional volume—roadway
capacity values based on roadway functional
class and existing street cross-section.
“Level of service” refers to the operation
condition of a roadway segment under traffic
demand and is a calculation of volume to
capacity. Level of service is gauged with a
measure of “A” through “F”, with “A” reflecting
roadways with free flow and little or no
congestion, and “F” reflecting roadways with
severe congestion. The analysis revealed that,
the majority of roadways in Prosper appear to
be operating at acceptable levels of service
(A/B/C). The exceptions were Highway 380,
Preston Road and portions of Coit and Custer
Road north of Highway 380 during the peak
hour—these segments were calculated to
operate at or below acceptable levels of service
(LOS D and E/F). Planned expansion to Highway
380 and Preston should alleviate traffic
demands currently experienced. While peak
volumes are relatively low on Coit and Custer
Roads, the narrow roadway sections contribute
to the reduction in operational service.
Projected Conditions
The assessment of projected travel conditions
on the thoroughfare network is important to
determining the capability of the roadway
system to accommodate projected area growth
and roadway needs for a 20-year planning
period.
Two approaches were used to assess projected
travel demand conditions for a 20-year horizon.
The first approach involved review of travel
model forecasts prepared by NCTCOG as part of
Mobility 2035. The second approach involved
development of travel demand characteristics
based on remaining developable land within
Prosper and then assignment of projected
growth on this remaining developable land to
the adjacent road network to yield roadway
needs.
Existing Traffic Volume and Level of Service Analysis
80
Comprehensive Plan
Town of Prosper
TRANSPORTATION
Projected Traffic Conditions
The Thoroughfare Plan network was compared
to travel forecasts prepared by NCTCOG in
order to assess its ability to accommodate
traffic from future land uses within the Town.
Regional travel forecast data from Mobility
2035: The Metropolitan Transportation Plan for
North Central Texas was used as a basis for the
comparison. This sophisticated model forecasts
traffic demand on the regional transportation
network relative to projected population and
employment growth for year 2035.
Projected 2035 traffic volumes for key
roadways include:
• Preston Road – 53,000
• Highway 380 – 65,000
• Custer Road – 36,000
• Coit Road – 7,000
• Frontier Parkway – 20,000
• FM 1385—34,000
It is important to note that assumptions are
made with respect to the amount of roadway
network in place for Year 2035. For example,
with Coit Road not included to its ultimate
configuration (6-lane), travel demand shifts
occur to roadways offering availability of higher
capacity. This partly explains the higher
volumes that resulted on Preston Road. With
Coit Road fully in place, localized traffic would
shift from away Preston Road.
Under the Mobility 2035 forecast (and network
assumptions contained within), all roads within
Prosper are forecasted to operate at acceptable
levels-of-service with the exception of Preston
Road and Highway 380, which is anticipated to
experience very high travel demand.
Thoroughfare Plan Compatibility
A screen line analysis was conducted to
compare projected volume relative to capacity
provided by the Thoroughfare Plan network at
its ultimate configuration. Separate screens
were used to segregate north-south from east-
west demand, as well as demands east and
west of the Dallas North Tollway. Adjustments
were made for factor up travel demands
commensurate with a population of 60,000
within Prosper in 2035, based upon the 8%
growth projection.
The analysis revealed the Thoroughfare Plan to
have sufficient capacity at ultimate
configuration to accommodate projected
demands at year 2035. A sensitivity analysis
was then conducted to assess network impacts
with select roadways not to full buildout.
Specifically, the north-south thoroughfares of
Teel Parkway, Legacy Drive, and Coit Road were
evaluated under a 4-lane scenario (all other
Major Thoroughfares to 6-lane). The analysis
revealed sufficient capacity of the network to
be available at 2035. While ultimately, these
specific roadways may need to be built to six
lanes, a phased approach to facility
implementation could be undertaken.
81 Town of Prosper, TX
Comprehensive Plan
TRANSPORTATION
Planning Principles
Prosper’s Thoroughfare Plan is built upon
traditional thoroughfare planning concepts,
which focuses on a functional roadway network
providing mobility and accessibility to vehicular
traffic. In order to address the community’s
goals of providing multi-modal options to
residents, such as sidewalks and trails for
walking and biking, it will be important to
incorporate the trail system from the recently
completed Parks Plan. Together, these
components offer a range of mode choices from
which residents move about the community.
Functional Street Classification
Functional street classification recognizes that
streets are part of a system having diverse
origins and destinations. Functional
classifications also describe and reflect a set of
characteristics common to all roadways within
each class. Functions range from providing
mobility for through traffic and major traffic
flows, to providing access to specific properties.
Characteristics unique to each classification
include the degree of continuity, general
capacity, and traffic control characteristics.
In short, the functional classification of streets
provides for the circulation of traffic in a
hierarchy of movement from one classification
to the next. Functional classes can be
subdivided further into major and minor
designations to further detail their role in the
community.
Access and movement functions are directly
related in that as uninhibited movement
increases (speed), points of access decrease and
vice versa. This is typically why freeways, with a
high level of movement, have limited access
points where as streets in neighborhood areas
have more access points and reduced speed.
Proper’s current Thoroughfare Plan recognizes
four general classifications for roadways based
upon a hierarchical function and include:
• Major Thoroughfare: 6-lane divided
roadway within 120’ ROW. These streets
are designed to provide a high degree of
mobility, service relatively high traffic
volumes, have high operational speeds,
and service a significant portion of
through travel.
• Minor Thoroughfare: 4-lane divided
roadway with a similar function to the
Major Thoroughfare, but more local in
nature. The urban section is a curbed
roadway within 90‘ROW.
• Commercial Collector: 2 and 3-lane
undivided roadway serving as connections
between arterials and local streets. The
2-lane section consists of 36’ of pavement
within a 60’ROW. This section is also
aimed at serving residential applications.
The 3-lane section contains a continuous
left-turn bay and on-street parking within
a 60’ROW and is used for handling
commercial applications.
• Neighborhood Street: 2-lane streets for
accommodating neighborhood traffic. An
urban and rural section are contained
within a 50’ ROW. The urban section is
curbed with 31’ of pavement and the
rural section contains 27’ of pavement.
Major Arterial
Major ArterialCollector Minor ArterialCollectorMajor Arterial
Major ArterialCollector Minor ArterialCollector
82
Comprehensive Plan
Town of Prosper
TRANSPORTATION
Functional Street Classification Chart
Type of Roadway Function Spacing (Miles) Direct Land Access Roadway Intersection Spacing (3) Volume Ranges (Veh./Day) Speed Limit (MPH) Parking Comments Highway/ Tollway Traffic Movement;
long distance travel. 1-5 Provided by
on/off ramping
schematics to
continuous
frontage roads.
1 mile 45,000 to
125,000 55-70 None Supplements
capacity of
arterial street
system and
provides high
speed mobility. Major Thoroughfare Moderate distance
inter-community,
intra-metro area,
traffic movement.
Serves long trip
lengths. ½ -1 ½ (2) Restricted –
some
movements
may be
prohibited;
number and
spacing of
driveways
controlled.
1/4 mile
36,000 to
45,000 40-55
“Backbone” of
the street
system. Minor Thoroughfare Mobility function is
primary; access
function is
secondary. Serves
moderate trip
lengths.
May be limited
to major
generators;
number and
spacing of
driveways
controlled.
1/8 mile
20,000 to
28,000 30-45
Provides route
and spacing
continuity with
major arterials. Commercial Collector Primary – collect /
distribute traffic
between local
streets and arterial
system. Serves
commercial/ mixed
use development;
inter-neighborhood
traffic movement. ¼ -½ (2) Safety
controls;
limited
regulation.
300 feet 12,000 to
18,000 30-40 Permitted Through traffic
should be
discouraged. Residential Collector Primary – internal
to one
neighborhood;
serves short trip
lengths. Provides
land access.
300 feet 6,000 to
12,000 30-35 Permitted Neighborhood Street Land access. 2 lot lengths Safety control
only. 125 feet 200 to
1,500 25-30 Permitted (1) Spacing determination should also include consideration of (travel within the area or corridor based upon) ultimate anticipated development.
(2) Denser spacing needed for commercial and high-density residential districts.
(3) Spacing and intersection design should be in accordance with state and local thoroughfare standards.
83 Town of Prosper, TX
Comprehensive Plan
TRANSPORTATION
Access Coordination
Flow of traffic is typically a major concern for
most communities. The ability to move
traffic efficiently along a corridor with
minimal interference from traffic turning off
and onto intersecting driveways/streets is a
major benefit to motorists. Ideally, traffic
should be able to avoid unnecessary “stop-
and-go” traffic due to the abundance of
intersecting driveways/ streets. While the
implementation of deceleration lanes for
streets and driveways on major and minor
thoroughfares enhances capacity and
accessibility, promotion of access
management offers added benefits for the
following reasons:
1) Reduces the number of ingress and
egress points improving vehicular flow
and reducing collisions;
2) Reduced driveways permit more
landscaping frontage thereby
enhancing roadway aesthetics; and
3) Reducing the number of driveways
enhances the pedestrian experience by
reducing pedestrian contact with
turning traffic.
Along key corridors, the concept of access
coordination can be extended from individual
sites to address corridor-wide segments.
Master planning at a corridor scale enables:
• Coordination of transportation and land
use planning/decision making;
• Allows for flexible and special area
consideration to adjacent site
development, special access and utilities
coordination, and limits unnecessary
connection points;
• Economic benefits, aesthetics and
amenity considerations; and
• Promotes activity-based development
centers, not strip retail.
In larger corridors, the implementation of
backage roads further helps to support main
road safety and operations, internal and
external site accessibility, and quality
development patterns and design.
Shared Access and Cross Access
Reducing the number of driveways enhances
corridor landscaping and aesthetics
84
Comprehensive Plan
Town of Prosper
TRANSPORTATION
2007 Parks, Recreation and Open Space
Master Plan
A component in providing mobility choice is
contained within the recently completed Parks
Plan. The incorporated trail system is
particularly important to mobility choice due to
the connective nature that they serve from
both within the community and the region—
they may connect neighborhoods, schools,
retail areas, recreational facilities and other
core community or regional assets. Community
trails are able to be utilized by residents for
walking, jogging, biking and other recreational
activities. Although intangible, trails have the
ability to significantly improve the quality of life
within the community by creating recreational
options for residents and therefore serve a
multitude of purposes beyond simply
connectivity. It is important that elements of
the Parks Plan be considered as new
development occurs.
The completed Parks Plan incorporates trails
along several major roadways within the Town
such as along Prosper Trail, First Street and
Preston Road. Reflecting these trail
connections on the Thoroughfare Plan
emphasizes the significance of these trail
connections within the overall connectivity
framework.
As roadway improvements coinciding with
growth continue to occur, the Town should
work to incorporate these roadway adjacent
trail connections beginning with roadway
planning and design.
85 Town of Prosper, TX
Comprehensive Plan
TRANSPORTATION
Transportation Plan
The Transportation element of this Plan is
intended to serve as a guide for
transportation decisions within the Town. It
was developed based upon past
transportation planning efforts, connectivity
efforts on key thoroughfares with adjacent
communities and input from the CPAC, Town
Staff and public input.
This Plan should be used as a reference when
updating the Town’s Thoroughfare Plan,
Thoroughfare and Circulation Design
Standards and any related ordinances, and
should be referred to when considering a
wide range of decisions related to both
transportation and land use. Transportation
decisions do not exist within a vacuum, but are
directly related to decisions regarding land use
and building form. Therefore, the ultimate
objective of this Plan is to create a balanced
transportation system within Prosper which
provides for the safe mobility of residents,
considers both current and future needs,
enhances connectivity and mobility options,
and promotes a more livable community
through a proactive approach to the Town’s
appearance.
The Thoroughfare Plan is reflected in Plate 3.
Street classifications were developed based
upon a number of factors including the
roadways regional significance, current or
projected traffic volumes, and land use. It is
important to note that although a roadway may
be identified as a Major Thoroughfare, the
roadway design should not be rigid, but should
consider a multitude of factors during its design
including adjacent land use and context, among
others.
Transportation
Building
Form
Land
Use
Example high-rated street design
photos from the VCS
86
Comprehensive Plan
Town of Prosper
TRANSPORTATION
kj
kj kj
kj
kj
kj
kj
kj kj kj
kj kj
kjkj
kj
Parvin Rd.F.M. 1385GeeFish Trap Rd.
U.S. 380 Dallas North TollwayProsper Trail
First St.La Cima Blvd.
Frontier Pkwy.Preston Rd.Coit Rd.F.M. 1461 F.M. 2478F.M. 2478Custer Rd.F.M. 423Teel Pkwy.Legacy Dr.Virginia Pkwy.BNSF RRS. ColemanN. ColemanLovers Ln Hays RdThoroughfare Plan
Plate 3
March 2012
0 0.5 1 1.50.25
MilesZ
Thoroughfare Description
Old Town District (Section varies)
Minor Thoroughfare (4 lane; 90' ROW)
Commercial Couplet (3 lane; 65' ROW)
Commercial Collector (2 lane; 60' ROW)
Access Roads
Dallas North Tollway
Major Thoroughfare (6 lane; 120' ROW)
Town of Prosper
ETJ
100 Year Floodplain
kj Minor Gateway
Grade Separation
RR Grade Separation
Major Gatewaykj
89 Town of Prosper, TX
Comprehensive Plan
TRANSPORTATION
Cross Sections
High Degree of regional mobility, traffic
volumes and higher operational speeds
Connected to regional thoroughfare
facilities
Access is carefully managed
4 lane divided roadway with median
expandable to 6 lanes
Curb and gutter with underground
stormwater drainage
Examples in Prosper include Frontier
Parkway, Legacy Dr, Teel Parkway, Gee
Rd, Preston Rd, Coit Rd and Custer Rd
High degree of regional mobility, traffic
volumes and higher operational speeds
Connected to regional thoroughfare
facilities
Access is carefully managed
6 lane divided roadway with median
Curb and gutter with underground
stormwater drainage
Examples in Prosper include Frontier
Parkway, Legacy Dr, Teel Parkway, Gee
Rd, Preston Rd, Coit Rd, Custer Rd and
Highway 380
90
Comprehensive Plan
Town of Prosper
TRANSPORTATION
Cross-town mobility
Secondary to Major Thoroughfare
but still accommodate higher
operational speeds and traffic
volumes
Access is carefully managed
4 lane divided roadway with median
Examples in Prosper include Prosper
Trail, Fishtrap Rd, First Street, Lovers
Lane and La Cima Blvd
Curb and gutter drainage
Collection/distribution of traffic
Back access to Frontage Road
development
Connectivity between arterial and
residential collector streets
On-street parking permitted
91 Town of Prosper, TX
Comprehensive Plan
TRANSPORTATION
Collection/distribution of traffic
Back access to Frontage Road
development
Connectivity to thoroughfare and
residential collector streets
On-street parking permitted
Local residential street.
Traverse internally within residential
neighborhoods
Access to properties
2 lane undivided roadway
Underground stormwater utilities
with curb and gutter
92
Comprehensive Plan
Town of Prosper
TRANSPORTATION
Local rural residential street.
Traverse internally within residential
neighborhoods
Access to properties
2 lane undivided roadway
Bar ditches for drainage(width varies
based on area calculations)
For large rural area lots over 1 acre
93 Town of Prosper, TX
Comprehensive Plan
TRANSPORTATION
Plan Modifications
Old Town District Considerations
Roadways in this district are geared toward
retaining the historic feel of the Old Town area.
A series of two-lane streets with varying cross-
sections are aimed to support residential,
boutique/cottage style office and specialty
retail, and a mixed-use core area at Broadway
and McKinley Streets. Wide landscaped
medians, parkways and sidewalks are intended
to provide an open feel to key corridors in the
district.
Section A: Four lane divided roadway with a landscaped median and a landscaped parkway
separating pedestrians from traffic. This section serves as a major entrance into Old Town
from the east. No on-street parking.
Section B: Two lane divided roadway with a large center median containing landscaping.
Wide travel lanes allow for bicycle accommodation and a landscaped parkway separates
pedestrians from traffic. No on-street parking.
Section C: Two lane divided roadway with a large center median containing landscaping. On-
street parallel parking is permitted and a landscaped parkway separates pedestrians from
traffic.
Section D: Two lane undivided urban roadway. Wide 20’ sidewalks accommodate patio
seating, pedestrian traffic and street trees. On-street angled parking is permitted and bulb-
outs are located at intersections to enhance pedestrian visibility at crosswalks.
Section E: Two lane undivided roadway with on-street parallel parking and an immediately
adjacent 8’ sidewalk. A large private setback of 25’ is included.
Section F: Two lane undivided roadway with on-street parallel parking and a 15’ sidewalk. 10’
of the sidewalk will be located within the right-of-way and the additional 5’ will be a 5’ setback
to building face.
Section G: Two lane divided roadway with a center median containing landscaping. On-street
parallel parking and a 10’ sidewalk are included.
The following details modifications to the Thoroughfare Plan developed as part of this plan
process. These adjustments were developed based upon input received from the CPAC, Town
Staff, land programming of the Future Land Use Plan and supporting transportation analyses.
Within the mixed-use core area, wide sidewalks and on-street parking are envisioned to create a
“sense of place” and allow for street amenities and gathering area. Development setbacks would
also create opportunity for outdoor activity, dining or retail.
Gateways and intersection treatments at key intersections have been identified to define district
edge as well as tie the area together. Features for these treatments should be coordinated with
theme, look and color.
94
Comprehensive Plan
Town of Prosper
TRANSPORTATION
95 Town of Prosper, TX
Comprehensive Plan
TRANSPORTATION
DNT Backage Roads
The thoroughfare plan calls for paralleling
system of streets to support anticipated
corridor development along the Dallas
North Tollway. Sometimes referred as
backage roads, these roads help to support
development connectivity and accessibility.
At Prosper Trail, a realignment of the
backage road east of the Tollway was
identified to avoid existing development
and retain continuity for development
opportunity to the north and south. This
realigned commercial collector would still
allow for 400-600’ lot depth for properties
along the Tollway.
Hays Road Collector
Upgrade Hays Road as a commercial
collector street to support future
commercial/retail development opportunity
along Preston Road north of First Street.
Extending from First Street, Hays should be
realigned at the north end to intersect
Preston Road at Bridgeport Drive. This
realignment would also help to reduce
intersection points along Preston Road. The
realignment of Hays at Bridgeport would
also require a realigned intersection for
Chandler Circle.
South Coleman Road
Extend and realign S. Coleman Road to intersect
with Richland Blvd. at Preston Road. In addition
to supporting development within Town Center,
this connection would also create back
access/connectivity with development
anticipated east of Preston along Highway 380.
Within Town Center, S. Coleman Road should
be upgraded to a four-lane divided minor
Thoroughfare (90’ ROW) to provide roadway
capacity to support heavy development
anticipated for this area. Consequently, the
previously identified loop road extending from
S. Coleman Road and back to McKinley Street
should be removed from the Plan.
South Craig Road
Upgrade Craig Road between Preston Road and
Broadway Street as a 3 lane couplet street to
support retail development opportunity both
within the Old Town District and along Preston
Road.
Highway 380 Access Roads
The inclusion of access roads along Highway
380 between the Lovers Lane loop.
96
Comprehensive Plan
Town of Prosper
ECONOMIC ANALYSIS
97 Town of Prosper, TX
Comprehensive Plan
ECONOMIC ANALYSIS
Economic Analysis
Analysis from Catalyst
Acreage
Retail Demand Forecast 2011 City Estimate Total Build Out Capacity
Population 10,560 69,303
Households 3,504 23,024
2010 Median Disposable Income $67,422 $67,422
2010 Per Capita Income $35,716 $35,716
Total Retail Trade per HH $37,183 $37,183
Household Income $107,641 $107,641
Retail percentage of HH Income 34.54% 34.54%
Forecasted Total Retail Trade Potential $130,284,948 $856,013,933
Est. Retail Sales per Square Foot $300
Retail Square Footage Demand* 152,575 2,853,379
Sales Tax Analysis
Annual Total $1,103,400 $17,120,278
Allocation General Fund $551,700 $8,560,139
Economic Development $275,850 $4,280,069
Property Tax Reduction $275,850 $4,280,069
*Est. $300 sales per square foot based upon International Council of Shopping Centers
’An analysis using the projected build-out population of Prosper at 69,303 served as a basis to
project a retail purchasing power of $856,013,933, assuming 23,024 households with a $37,183
retail trade per household. This would equate to roughly 2,853,379 square feet of retail space.
For assumption purposes, we assumed a FAR of 0.18 for retail. Dividing the total square footage
of retail by the FAR and further dividing by 43,560 achieves the estimated retail acres that would
be needed to accommodate the 2,853,379 square feet of retail space. This number is 364 acres.
An important factor to consider in the planning process is how land use decisions ultimately
impact the future financial state of the community. Therefore, Prosper’s Future Land Use Plan
not only guides development within the community but it provides the financial framework
enabling Prosper to provide high-quality services for its residents. The following section
pertains to this very topic and provides estimates on the potential sales tax and ad valorem tax
revenue that could be collected by the Town at build-out. In order to provide a detailed analysis,
experts at Catalyst Commercial were consulted and provided information on future retail trade
potential in Prosper based upon the Future Land Use Plan.
98
Comprehensive Plan
Town of Prosper
ECONOMIC ANALYSIS
Future Land Use Plan Acreage
Retail Assumptions Comp. Plan Total
Acres
Retail Acres per
Category
Neighborhood Services* 331 231.7
Town Center** 575 258.8
Tollway District*** 1,426 142.6
US 380**** 1,248 124.8
Total 3,580 757.9
* Assumed 70% retail component
**Assumed 45% retail component
***Assumed 10% retail component
****Assumed 10 % retail component
In order to determine whether or not the Future Land Use Plan could accommodate the 364 retail
acreage projected by the economic analysis, a number of additional assumptions were made:
1. Approximately 70% of the Neighborhood Services will be retail in nature.
2. Approximately 45% of the Town Center would be retail in nature. The Town Center will likely
have a mixture of retail, office, residential and public space. The primary use, however, will likely
be oriented around retail.
3. 10% of the Tollway District will be retail. Office uses will constitute the largest majority of land
within the Tollway District. Retail areas within the Town Center will likely be at major
intersections and on the first floor of vertical mixed-use apartments/lofts.
4. 10% of the Highway 380 district will be retail. Commercial uses and residential uses will
constitute a significant portion of the corridor. Retail areas at major intersections, including big-
box retailers, will constitute the majority of retail establishments within the corridor.
Given these assumptions, a total of 757 retail acres is expected, based upon the Future Land Use Plan
scenario and the above assumptions. Additionally, the presence of visible and attractive corridors in
Prosper suggests the Town will be able to attract patrons from outside of the Town itself. Our
preliminary analysis indicates that, based on current spending trends experienced today, the Future
Land Use Plan contains more than sufficient retail space to meet the future needs of Prosper.
99 Town of Prosper, TX
Comprehensive Plan
ECONOMIC ANALYSIS
Analysis
Retail Sales Tax
While 364 acres of retail is recommended by
the economic analysis, a number of different
factors may affect long-term retail needs in
Prosper and include the following:
• A potential build-out population higher
than the current estimate of69,303.
The 2004 Comprehensive Plan and
recent impact fee reports all estimate a
buildout population of over89,000
residents. Assuming a population of
82,000 residents, Prosper could
accommodate approximately 430 acres
of retail.
• Prosper will have a regional retail
center in the Town Center. This area of
the community will have a regional
draw and will attract retail patrons from
outside of Prosper. Additional retail
acreage, therefore, can be
accommodated due to the regional
nature of such retail.
• Within retail areas, other uses such as
churches, public facilities, schools and
other non-retail uses may occur.
Due to the above factors, it is believed that the
Town could potentially accommodate the 757
retail acres depicted in the chart on page 98. As
the Town grows, and as further comprehensive
plan studies are completed, this number should
be carefully examined and adjusted, if
necessary. Based upon the assumptions from
page 97, 750 acres of retail would essentially
double the initial 364 acre estimates from a
17.1 million total sales tax contribution to
approximately $34 million in sales tax revenue
($17.1 million to the general fund, $8.6 million
to Economic Development and $8.6 million to
property tax reduction). This sales tax revenue,
when combined with estimated Ad Valorem Tax
revenue, would enable Prosper to be financially
secure and provide high level services and/or
property tax reductions to its citizens. It is also
recommended that additional neighborhood
service retail zoning should be avoided.
The 750 acres recommended by this economic
analysis should be sufficient to meet Prosper’s
retail needs. Additional neighborhood services
retail zoning should be avoided. Nodal retail
activity should be concentrated at primary
intersections, and the “four corner” principle
should be avoided to reduce the possibility of
an oversupply of retail acreage. Strip center
development along major roadways should also
be avoided, as the plan recommends.
The consequences of an oversupply of retail
may include:
• Vacant, underutilized land;
• Lower rental rates leading to
undesirable uses;
• Pressures for additional multifamily to
fill vacant parcels; and
• Blighted corridors.
Based upon an extremely conservative allocation of retail acres, the Future Land Use Plan may
accommodate approximately 750 retail acres. This is significantly higher than the 364 retail acres
recommended by the economic analysis.
100
Comprehensive Plan
Town of Prosper
ECONOMIC ANALYSIS
Ad Valorem Tax
An Ad Valorem analysis was conducted. Comparative properties were selected in each of the
following Future Land Use Plan categories. Based upon the data collected from the Collin and
Denton County Appraisal Districts, an average value per acre was assessed on the comparative
properties to derive an estimated value per acre per land use category. The derived value per
acre was then multiplied by the total number of acres within each district to calculatethe total
gross value of the district. Using the current tax rate of .52 cents per $100 of assessed value, an
approximate gross Ad Valorem tax contribution per district was calculated. In order to account
for right-of-way, such as public streets, and tax exemptions, such as schools and churches, 30% of
the total value was subtracted to derive the estimated value and Ad Valorem amount that could
be contributed to the General Fund annually.
It is important to note that this analysis is for estimation purposes only and is based upon
assessed values in 2011 dollars. The purpose of this analysis is to determine the approximate Ad
Valorem contributions that could be generated based upon the Future Land Use Plan.
District Taxable Value Value per Acre Tax Revenue (.52)
Dallas North Tollway $2,790,756,612 $1,957,052 $14,511,934
Highway 380 $1,321,585,597 $1,058,963 $6,872,245
Town Center $2,465,780,302 $4,288,314 $12,822,057
Business Park $247,358,925 $666,736 $1,286,266
Neighborhood Services $478,977,403 $1,447,062 $2,490,682
Old Town $140,457,586 $407,123 $730,379
High Density $564,358,076 $928,221 $2,934,661
Medium Density $7,015,502,244 $1,223,919 $36,480,611
Low Density $3,136,282,464 $567,550 $16,308,668
Gross Ad Valorem Total
Value $18,161,059,208 - $94,437,507
Total Ad Valorem Value
(30% ROW & Exemption) $12,712,741,445 - $66,106,255
101 Town of Prosper, TX
Comprehensive Plan
ECONOMIC ANALYSIS
Tax Gap
Total Town Ad Valorem Income at Build-out $66,106,255
Total Sales Tax Income at Build-out $17,120,278
Total Income from Tax at Build-out $83,590,594
Total Expenditures $52,323,765
Tax Gap Surplus* 31,266,829
In order to determine whether or not the sales and Ad Valorem taxes generated by the Future Land
Use Plan will be sufficient to cover the overall expenses incurred by the community at build-out, an
approximate General Fund budget was calculated based upon the average per capita expenditures
at today’s spending levels.
The Fiscal Year 2010-11 budget indicates that the Town of Prosper had a General Fund budget of
$7,115,112. When this number is divided by the 2010 population of 9,423, an average per capita
expenditure of $755 per person is derived. This per capita expenditure by Prosper is comparable
with other regional communities. Southlake has the highest per capital expenditure among the
comparative group primarily due to its high residential property values, high-quality non-residential
uses and its regional Town Center drawing patrons from outside the community. This situation
enables Southlake to provide higher level services and enhanced aesthetics to its residents. The
similarities between the economics and vision between Prosper and Southlake are similar in nature.
2010
Population
FY 2010-2011
General Fund
Budget
Per Capita
Expenditure
Southlake 26,575 $30,410,480 $1,144
Richardson 99,223 $94,180,002 $949
Allen 84,246 $72,270,464 $858
Prosper 9,423 $7,115,112 $755
Argyle 3,282 $2,320,366 $707
Plano 258,841 $182,758,485 $706
McKinney 131,117 $90,788,018 $692
Frisco 116,989 $77,945,250 $666
Celina 6,028 $3,945,684 $655
Desoto 49,047 $29,760,521 $607
Rowlett 56,199 $33,793,677 $601
Little Elm 25,898 $13,157,771 $508
Multiplying the per capita expenditure of
$755 per person by the ultimate capacity
of 69,303, an ultimate capacity General
Fund budget for Prosper of $52,323,765 is
derived.
Discussed in the previous sections, the
approximate Ad Valorem contribution to
the General Fund at build-out would be
approximately $66.1 million. The
approximate sales tax contribution to the
general fund based upon the 750 retail
acres would be approximately $17.1
million. Based upon this scenario, total
General Fund income from taxes at build-
out would be approximately $83.5
million. This scenario would position
Prosper to be in a similar situation to
Southlake and Richardson, enabling the
Town to provide high quality services for
its residents.
It should be noted that additional forms of sales tax, such as Industry Tax and Inventory Tax, are not
included and will create additional avenues for income. These numbers are approximate and are
derived for estimation purposes only.
*This is an estimate based upon the projected sales tax revenue and possible Ad Valorem revenue. This estimate
does not include additional forms of sales tax such as Industry Tax and Inventory Tax.
102
Comprehensive Plan
Town of Prosper
ECONOMIC ANALYSIS
Economic Analysis Conclusion
Forecasted potential sales tax data indicates
that Prosper has the potential to derive a
significant monetary amount from sales tax
receipts at build-out. This is ultimately
dependent upon the community attracting
high-quality retail establishments that serve
residents of the community and provide
regional retail destinations that attract patrons
from outside of Prosper. The primary regional
destinations will be located within the Town
Center and at the intersection of the Dallas
North Tollway and Highway 380. Additional
retail may be located within the Dallas North
Tollway and Highway 380 districts, but will likely
be less intense in nature.
Retail/Neighborhood Service areas away from
the major districts will likely serve the internal
needs of Prosper, providing less intensive
services to adjacent residential neighborhoods.
Additional retail/neighborhood services zoning
outside of the Dallas North Tollway, Town
Center and Highway 380 districts should be
carefully considered in order to avoid an
oversupply of retail zoning. Flexibility within
the Dallas North Tollway, Highway 380 and
Town Center districts will enable Town staff to
make appropriate, market-based land use
decisions as development occurs.
An estimate of Ad Valorem taxes at build-out
suggests that Prosper will have the potential for
a significant Ad Valorem contribution to its
General Fund. Prosper’s high-quality
neighborhoods and its dedication to providing
high-quality retail destinations will be a primary
factor in determining the ultimate Ad Valorem
value of the community. As development
occurs, the community has expressed a desire
to attract the highest quality development
possible to protect the Town’s visual character
and maximize the taxable value for both the
General Fund and Prosper ISD. Future non-
residential land use decisions should consider
the long-term potential contributions of that
particular development to the community,
favoring clustered nodal retail activity centers,
Class A office space (office space defined by
high-quality furnishings, state-of-the-art
facilities and excellent accessibility) and
corporate campuses over strip retail and stand-
alone retail establishments.
The retail data provided indicates that the
Future Land Use Plan created for Prosper
provides a significant amount of retail space to
meet the future needs of Prosper residents.
The Future Land Use Plan also gives Town Staff,
Planning & Zoning Commission and Town
Council ultimate flexibility to determine where
retail areas should be located within the
established districts.
While the numbers provided are estimates on
the potential sales tax and Ad Valorem income
of the community at build-out, it is important to
note that these are only estimates. To ensure
that Prosper has a financially secure future, the
land use and character principles outlined in
this Plan should be used as a guide to attract
the highest quality development possible. High-
quality and long-lasting development is
ultimately the key in ensuring that Prosper has
a sound financial future. Focusing on attracting
and maintaining such development will enable
Prosper to meet the essential needs of its
future residents.
103 Town of Prosper, TX
Comprehensive Plan
INFRASTRUCTURE ASSESSMENT
Infrastructure Assessment
Planning for and providing infrastructure is
perhaps one of the most important
responsibilities of a municipality. Citizens need
to be secure in the knowledge that they can rely
on their local government to ensure that there
is adequate and safe water supply and
wastewater capacity for current populations
and that proper plans are developed to provide
for future growth. There are numerous
technical studies that can be used to analyze
these current and future needs for the Town.
This 2012 Comprehensive Plan is not intended
to take the place of these detailed technical
efforts. The purpose of the Comprehensive Plan
is to determine whether the Town has made or
plans on undertaking these efforts. This
Infrastructure Assessment is intended to
provide an overview of Prosper’s infrastructure
system and capacity of that system in relation
to the current population and the future
projected population.
Previous Planning Efforts
The most recent large scale, in-depth analysis of
future water and wastewater needs was
completed in 2006 by Freese and Nichols, Inc.
(FNI). At that time FNI developed a Water
Distribution Master Plan and a Wastewater
Collection Master Plan. These studies analyzed
growth based on the Future Land Use Plan in
place at that time and used typical usage factors
for water and wastewater based on historical
water usage and wastewater flows in Prosper.
The study developed Capital Improvement
Plans intended on implementing the
recommendations in the technical studies and
provided mapping of the proposed
improvements. The Water and Wastewater
Capital Improvement Plans were updated in
2011 for the Impact Fee Update, also
performed by FNI. The recommended
improvements outlined in the Impact Fee Study
are intended to provide the required capacity
and reliability to meet projected water
demands and wastewater flows through
Buildout. Due to timing of the Impact Fee Study
and Comprehensive Plan projects, the
recommended water and wastewater projects
developed in the Impact Fee Study were based
on growth rates and Future Land Use Plan
developed prior to the 2012 Comprehensive
Plan.
Infrastructure Goals and Objectives
The goal and objectives for infrastructure are
shown below:
Goal: Ensure that existing water,
wastewater and storm drainage
systems and future plans adequately
serve current and future residents
and businesses.
Objective 1: Investigate any deficiencies in the
infrastructure systems.
Objective 2: Develop concepts that will
address deficiencies of the
infrastructure system.
Objective 3: Strive for an infrastructure system
that will effectively and
economically serve existing and
projected needs of the
community in a safe and efficient
manner.
Objective 4: Ensure that infrastructure is
compatible or expanded to
support future development,
specifically in key development
areas.
Existing Lift Station in Prosper
104
Comprehensive Plan
Town of Prosper
INFRASTRUCTURE ASSESSMENT
Water System
Existing Characteristics
North Texas Municipal Water District (NTMWD)
is a regional water provider with a treatment
capacity of 770 million gallons of water per day
and serves approximately 1.6 million people.
NTMWD currently serves water to the Town of
Prosper through a 48” transmission line in the
northwest portion of NTMWD’s system. The
water from NTMWD is dropped into a 3 million
gallon (MG) ground storage tank and re-
pumped to serve the Prosper distribution
system through a 30” water line. The NTMWD
delivery point into the Town of Prosper is in the
southeast portion of the Town, and this is the
only existing treated water delivery point. The
Town relies on NTMWD for all treated water
and does not utilize existing wells in the system.
In addition, there are not emergency water
connections with surrounding entities.
Storage and Usage
The Town had an average daily flow of 1.9
million gallons per day in 2010, and Town
records show 3,230 active water accounts. This
number includes both normal domestic
connections and irrigation-only connections.
The Texas Commission on Environmental
Quality (TCEQ) requires 200 gallons per
connection of storage of which 100 gallons
must be elevated storage. The Town currently
has a 2 million gallon elevated storage tank near
Preston Road and First Street and 3 million
gallons in ground storage at the NTMWD
delivery point. Since the limiting factor in this
case is the elevated storage capacity, based on
the current elevated capacity of 2 million
gallons, the number of connections that would
be allowed by TCEQ is 20,000. FNI developed
criteria in the 2011 Impact Fee Update for sizing
of storage and pumping capacity for the Town.
These criteria are more stringent than TCEQ
requirements and take into consideration many
additional factors including operational
flexibility, fire protection, system redundancy,
and energy efficiency. The design criteria
recommended to size ground storage tank
capacity is to provide adequate storage volume
to meet 8 hours of maximum day demand. The
design criteria recommended for elevated
storage capacity is twice the required volume
needed to meet 35% of the peak hour demand
for a duration of 3 hours. The design criteria
recommended for pump station capacity is
providing a firm pumping capacity to meet 65%
of the peak hour demand. The firm pumping
capacity is defined as the total available
pumping capacity with the largest pump out of
service to each pressure plane.
105 Town of Prosper, TX
Comprehensive Plan
INFRASTRUCTURE ASSESSMENT
Considerations for the Future
Generally speaking, the planning that has taken
place regarding water infrastructure has served
the Town very well. The population and land
use data in the 2011 Impact Fee Update was
used to develop future water demands.
Conservation measures in place for the future
were taken into account in determining the
projected water usage. The current Water
System Capital Improvement Plan was
completed in 2011 for the Impact Fee Update,
and recommended improvements to serve the
Town through Buildout are shown on Plate4.
Since that time, and as a result of this Plan,
population growth has changed and land uses
have changed. In order to remain relevant, the
Capital Improvements Plan should be either
revised or updated as plans are developed in
order to ensure consistency.
Water Short Term Recommendations:
1. Yearly monitoring of growth to guide
implementation of water system
projects.
2. Evaluate whether the Lower Pressure
Plane should be served through a
dedicated Lower Pressure Plane Pump
Station at the existing NTMWD delivery
point site or through a new Upper
Trinity Regional Water District (UTRWD)
delivery point on the west side of the
Town. This should be determined prior
to design of the proposed 42” Lower
Pressure Plane line and Pump Station,
and this project is recommended to be
under design in 2016 based on growth
rates and land use assumptions in the
2011 Impact Fee Study.
Water Long Term Recommendations:
1. Coordinate with NTMWD to receive
additional water supply capacity to
meet projected water demands.
2. Continue implementation of the
projects indicated in the 2011 Impact
Fee Update.
3. Update Water Master Plan and Impact
Fee CIP at least every 5 years or more
frequently if land use assumptions or
service provider assumptions change
significantly.
4. Investigate an emergency interconnect
with an adjacent entity to increase
water system reliability and
redundancy.
106
Comprehensive Plan
Town of Prosper
INFRASTRUCTURE ASSESSMENT
Collin CountyCollin County(((###UUUTTT(#UT[ÚUT!A!A!AProposed 2.5 MGFM 1385 EST (2030)Overflow Elev.: 785 ftProposed 2.5 MGCounty Line EST (2021)Overflow Elev.: 785 ftNTMWDDelivery Point2.0 MGPreston Rd. ESTOverflow Elev.: 926 ftProposed 2.0 MGProsper Trail EST (2015)Overflow Elev.: 926 ft(3(4(4(3(3(5(5(19(12(11(7(7(2(2(9(9(1B(1B(1B(LPP)(LPP)(LPP)(LPP)(LPP)(10(10(10(10(6(6(17(18(16(8(18(18(14(13(13(15(15(16(16(25(28(38(29(32(26(33(33(33(23(36(30(30(34(37(22(22(27(34(31(17(21(2012"20"42''16''3 0 ''20''24''12''16''20''30''42''16''42''16''20''42''20''20''16''42''24''20''20''20''16''16''16''20''42''20''24''42''24''20''30''12''24''20''12''20''24''12''16''16''24''16''16''12''24''42''16''16''20''16''20''16''20''30''20''24''16''16''20''20''16''20''30''20''16''20''24''8''30''20''16''12''30''20''20''16''12 ''12''12''16''30''12''20''16''20''16''20''30''20''30''12''30''20''20''12''12''20''12''20''16''16''30''16''12''30''30''16''12''20''12''20''30''30''30''36''16''12''20''24''24''36''12''12''16''16''20''36''16''16''20''16''12''16''12''16''20''12''12''16''16''16''20''16''12''16''20''16''20''16''12''12''16''16''24''12''12''12''1 2''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''8''6''8''8''8''8''8''8''8''8''8''8''8''8''8''8''8''8''8''6''8 ''8''8''8 ''6''8''8''8''8''6''8''8''8''6''8''8''8''8''8''8''8''8''8''8''8''8''8''8''8''8''8''8''6 ''8''8''8''8''8''8''8 ''8''8''8''8''8''8''8''8''8''8''8''8''8''8''6''8''8''8 ''8''8''8''8''8''8''8''8''6''6''8''6''8''8 ''8''6''8''8''8''6''8''6''8''8''8''8''8''8''8''8''8''8''8''6''8''8''8''8''8''8 ''8''8''8''8''8''8''8''8''8''8''8''8''8''8''8 ''8''8 ''8''8 ''8''8''8''8 ''6''8''8''8''8''8''8''8''8 ''8''8''8''6 ''6''6''8''8''8''8''6''8''6''8''8 ''8''8''8''8''8''8''8''8''6 ''6 ''8''8''8''8''8''8''8''8''8''8''8''8''6''8''6''8''8''6''6''8''8''8''8''8''6''8''8''8''8''8''8''6''8''8''8''8''8''8''8''6''6''8''8''8''8''6 ''8''8''6''8''8''8''6''8''6''8''8''8''8''8''8''8''8''8''6''8''8''8''8''8''8''8''8''8''6''8''8''8''6''8''6''8''8''8''8''8''6''8''8''8''6''6''6 ''8''8''8''8''6''8''6''8''8''8''2''6''4''1.5''4''6''6''6''2''6''6''6''6''6''1.5''2''CR 25FM 1385E FIRST STCR 6W UNIVERSITY DRFISHTRAP RDPARVIN RDCR 51CR 83E UNIVERSITY DRN CUSTER RDCR 84W FIRST STSMILEY RDFM 2478CR 26E FRONTIER PKWYFM 423SH 289CAREY RDPROSPER RDCOIT RDN DALL AS PKWY CR 933DOE CREEK RDDALLAS PKWYGOOD HOPE RDFM 428 WCR 50CR 124FM 1461S PRESTON RDCUSTER RDCR 123HAWKINS LNBONAR RDBYRAN RDCR 86E US 380EUREKA LNS COLEMAN STCR 970BRISTOL DRCR 857CR 858ARTESIA BLVDCR 7C R 856PRESTON HILLS CIRPR 5155GIBBS RDCR 854FALCON RDVIRGINIA PKWYCR 855M A GNOLIA BLVDE BROADWAY STCR 852FIELDS RDCRUTCHFIELD DRCR 853BRINKMANN RANCH RDTWIN LAKES DRRED BUD DRHARPER RDPR 5156HERITAGE TRLBENBROOK BLVDPANTHER CREEK RDBEDFORD LNPR 5405DALLAS NORTH TOLLWAYHIGHPOINT DRVIRGINIA HILLS DRCROSSLAKE CTE SEVENTH STSEA PINES DROAK BEND TRLWHITE ROCK BLVDSHASTA DRJULIETTE DRSTO NI NGT O N DRPRESTONVIEW DRQUAIL HOLLOWWARREN DRNOLES RDTWIN MALLETS LNWENK CTPR 5436WATCH HILL LNBRADFORD DREQUESTRIAN WAYCOUNTRY VIEW DRNEWPORT LNCOASTAL DRBROWNWOOD BL V D CR 860OLD DAIRY FARM RD PHANTOM LNLONG LEAF DRCARRIAGE LNSHARED DRIVEWAYSA N M A R C O S D RS REDWOOD CIRHAVENBROOK LNPIEDMONT PLYAK DRASCOT PLGARDENIA BLVDCOVENTRY DRFALCON CTDOOLITTLE DRDERICK LNDOVE CREEK ST
GOOD HOPE RDDALLAS PKWYCR 26CR 50W UNIVERSITY DR6''8''2''6''6''8''8''8''6''6''8''6''6''6''6''6''2''6''8''6''6''6''8''6''2''2''8''6''8''6''8''6''8 ''6''6''6''6''6''8''6''6''6''6''6''6''6''6''8''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12 ''
12''Doe BranchWilso n C r e e k
Panthe r C re e k
G entle CreekParvin BranchRutherford BranchLittle Elm CreekStreamR o w le tt C re e k
Mustang CreekParvin BranchGentle CreekParvin BranchRutherford BranchStreamParvin BranchStreamLEGEND!APressure Reducing Valve(#UT2011 - 2021 Elevated Storage Tank(#UT2022 - BuildoutElevated Storage Tank(#UTExisting Elevated Storage TankUTExisting Ground Storage Tank[ÚExisting Pump Station2011 - 2021 Water Line Improvement2022 - BuildoutWater Line Improvement8" and Smaller Water Lines10" and Larger Water LinesRoadRailroadStreamLakeParcelTown LimitETJ BoundaryCounty BoundaryLower Pressure PlaneUpper Pressure PlanePLATE 4TOWN OF PROSPERBUILDOUT WATER SYSTEM CAPITAL IMPROVEMENT PROJECTSJanuary 19, 201201,750 3,500SCALE IN FEETICreated By Freese and Nichols, Inc.Job No.: PRP11118Location: H:\W_WW_PLANNING\DELIVERABLES\04_W_WW_Capital_Improvements_Revisions\(Plate-3)_Water_CIP_(2021_and_Buildout).mxdUpdated: Friday, November 04, 2011 9:23:21 AMExpand UPP PS to 20 MGD and Add 5.0 MG GST(2013)Construct 10 MGD LPP Pump Station(2018)Expand UPP PS to 30 MGD, Add 5.0 MG GSTand Expand LPP to 25 MGD (2024)Expand LPP PS to 40 MGD and Add 5.0 MG GST(2034)NTMWD Delivery Point Improvements(10(24(35(1A
109 Town of Prosper, TX
Comprehensive Plan
INFRASTRUCTURE ASSESSMENT
Wastewater System
Existing Characteristics
The Town of Prosper is currently served by the
NTMWD for wastewater treatment. The
treatment plant serving the Town is the Wilson
Creek Regional Treatment Plant located near
Fairview on Lake Lavon. This plant also serves
Anna, Melissa, Princeton, McKinney, Allen,
Fairview, Frisco, Lucas, Richardson, Parker, and
Plano. The current average day capacity of the
Wilson Creek WWTP is 48 MGD, with a build-
out capacity of 112 MGD. The NTMWD
interceptor runs through the northeast corner
of the Town of Prosper.
Due to the terrain within the Town, lift stations
are required to make the collection system
effective and send all wastewater flow to the
NTMWD system. The Town currently has 6 large
lift stations in operation for this purpose. The
Gentle Creek and Steeple Chase lift stations
have already been abandoned, and the
remainder of the lift stations with the exception
of La Cima will be abandoned in the future with
proposed projects.
Considerations for the Future
Generally speaking, the planning that has taken
place regarding wastewater infrastructure has
served the Town very well. The Town signed an
agreement with Upper Trinity Regional Water
District (UTRWD) in December 2007 to send a
majority of future wastewater flows to an
existing UTRWD interceptor in the west side of
Prosper. This was a very strategic move for the
Town as it will allow the Town to abandon a
majority of existing lift stations and significantly
reduce capital and operations and maintenance
(O&M) costs by removing lift stations and force
mains from the Wastewater Capital
Improvement Plan. The current Wastewater
System Capital Improvement Plan was
completed in 2011 for the Impact Fee Update,
and recommended improvements to serve the
Town through Buildout are shown on Plate5. As
soon as the interceptor from the abandoned
WWTP to the UTRWD interceptor is completed,
the lift station at the WWTP and 12” force main
will no longer be utilized to send Subbasin 2 and
4 wastewater flows to the NTMWD system. The
long term plan is to continue to send
wastewater flows in Subbasins 5 and 6 to the
NTMWD system, and wastewater flows in
Subbasins 1, 2, 3, and 4 will be sent to the
UTRWD system.
Since development of the Capital Improvement
Plan for the Impact Fee Update, and as a result
of this Plan, population growth has changed and
land uses have changed. In order to remain
relevant, the Capital Improvements Plan should
be either revised or updated as plans are
developed in order to ensure consistency.
Wastewater Short Term Recommendations:
1. Yearly monitoring of growth to guide
implementation of wastewater system
projects.
2. Continue to eliminate existing lift
stations to reduce O&M costs.
Wastewater Long Term Recommendations:
1. Future acquisition of additional
wastewater treatment capacity from
NTMWD and UTRWD.
2. Continue implementation of the
projects indicated in the 2011 Impact
Fee Update.
3. Update Wastewater Master Plan and
Impact Fee CIP at least every 5 years or
more frequently if land use
assumptions or service provider
assumptions change significantly.
4. Consider conversion of existing services
on septic systems to the Prosper
wastewater system.
110
Comprehensive Plan
Town of Prosper
INFRASTRUCTURE ASSESSMENT
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113 Town of Prosper, TX
Comprehensive Plan
INFRASTRUCTURE ASSESSMENT
Storm Drain System
Freese and Nichols, Inc. assessed the Town’s
existing drainage utility system needs and
identified recommended updates to the existing
drainage utility system fee in 2010 as part of the
Drainage Utility System Fee Development
Report. The assessment included a visual
inspection, as well as discussions with Town
Staff, of several areas within the Town that
have flooding or potential flooding issues. The
study identified and prioritized storm drain
infrastructure facilities across the Town that are
in need of replacement or upsizing to anticipate
increases in flows or to correct current drainage
problems. Eight major maintenance and capital
projects and seven routine maintenance
projects were identified. All solutions
presented in the study were conceptual in
nature and only used to provide a range of
estimated construction costs for comparison
purposes. Each capital project location will
require a detailed study by a licensed engineer
that should consider other alternatives before a
final solution can be determined. As the Town
continues to develop, a Comprehensive
Drainage Utility System Master Plan should be
completed to further identify and refine storm
water management projects.
The Town is currently not subject to new
federal storm water quality regulations (Phase II
MS4) that would require the Town to further
protect and enhance water quality in creeks and
lakes through the development of a storm
water quality management program. However,
the Texas Commission on Environmental
Quality (TCEQ) will issue the next Phase II MS4
permit in August 2012, and the determination
of regulated communities would be based upon
each community’s 2010 U.S. Census population.
Based on population growth in and around
Prosper over the last decade, it is likely that the
Town will become subject to the Phase II MS4
requirements.
As an operator of a small municipal separate
storm sewer system (MS4), the Town would be
required to develop a multi-faceted program to
protect storm water quality before it enters
creeks, rivers, and lakes. The program includes
a number of measures to protect storm water
quality, such as the following:
• Drainage utility system maintenance;
• Structural and non-structural water
quality protection measures;
• Drainage utility system mapping and
inspections;
• Public education, outreach and
involvement;
• Town ordinances regulating
construction activity, illicit discharges,
and post-construction runoff; and
• Town staff training and operations
improvements.
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INFRASTRUCTURE ASSESSMENT
Considerations for the Future
As development continues within the Town of
Prosper, several actions should be taken to
handle drainage and storm water management
issues.
Storm Water Short Term Recommendations:
1. Consider establishing a program to
conduct routine inspections and
operations and maintenance (O&M)
activities throughout the drainage
utility system to minimize flooding
potential, reduce creek erosion, and
protect storm water quality.
2. Yearly monitoring of capital project
needs to guide implementation of
storm drain system projects outlined in
the 2010 Drainage Utility System Fee
Development Report.
Storm Water Long Term Recommendations:
1. Develop a Comprehensive Drainage
Utility System Master Plan. This plan
will provide an in-depth analysis of
current drainage facilities and project
the need for future facilities (detention,
culverts, channel enhancements, etc.)
based on the adopted Future Land Use
Plan. The drainage utility system
master plan can be a powerful tool that
helps define the direction of future
development, the protection of natural
resources, and the integration of public
spaces such as parks in the Town.
2. Review current subdivision standards to
ensure that new developments bear
responsibility to ensure that these
developments do not adversely impact
the overall storm water system within
the Town.
3. Review the drainage utility system fee
rates in several years to consider any
changes that the Town might want to
incorporate in the drainage utility
system fee rate. Potential changes
might include increased costs for
equipment, additional CIP projects that
may be needed, increasing water
quality regulatory compliance
requirements and others.
4. Continue implementation of projects
outlined in the 2010 Drainage Utility
System Fee Development Report.
5. Prepare a storm water quality
management plan and implement over
a 5-year period a storm water quality
management program to meet the
requirements of the pending 2012 TCEQ
Phase II MS4 general permit.
115 Town of Prosper, TX
Comprehensive Plan
IMPLEMENTATION PLAN
Implementation Plan
The importance of planning can never be overstated—planning provides for the protection of private
property and ensures future development occurs in a coordinated and organized fashion, consistent
with the Comprehensive Plan. The future of Prosper will be shaped with the policies and
recommendations developed in this 2012 Comprehensive Plan. Based on this Plan, decisions will be
made that will influence many aspects of the Town’s built and social environments. Prosper has taken
an important leadership role in defining its future, with the adoption of this Plan. The Plan will provide a
very important tool for Town Staff and civic leaders to use in making sound planning decisions regarding
the long-term growth and development of Prosper. The future quality of life in Prosper will be
substantially influenced by the manner in which the Plan recommendations are administered and
maintained.
Planning for the Town's future should be a continuous process, and this Plan is designed to be a dynamic
tool that can be modified and periodically updated to keep it in tune with changing conditions and
trends. Changes in Prosper’ socioeconomic climate and in development trends that were not
anticipated during preparation of the Plan will occur from time to time, and therefore, subsequent
adjustments will be required. Elements of the Town that were treated in terms of a general relationship
to the overall area may, in the future, require more specific and detailed attention.
Plan policies and recommendations may be put into effect through adopted development regulations,
such as zoning and subdivision, and through capital improvement programs. Many recommendations
within the Plan can be implemented through simple refinement of existing Town regulations or
processes, while others may require the establishment of new regulations, programs, or processes. This
final section of the 2012 Comprehensive Plan describes specific ways in which Prosper can take the
recommendations within this plan from vision to reality.
Proactive and Reactive Implementation
There are two primary methods of Plan implementation: proactive and reactive methods. To
successfully implement the Plan and fully realize its benefits, both methods must be used in an effective
manner. Both proactive and reactive actions that could be used by Prosper are described within this
Implementation Chapter.
Examples of proactive methods include:
Establishing or updating subdivision regulations;
Establishing or updating zoning regulations; and
Developing a capital improvements program (CIP), by which the Town expends funds to finance
public improvements to meet objectives cited within the Plan.
Examples of reactive methods include:
Approving a rezoning application submitted by a property owner consistent with the
Comprehensive Plan;
Site plan review; and
Subdivision review.
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IMPLEMENTATION PLAN
Roles of the Comprehensive Plan
Guide for Daily Decision-Making
The current physical layout of the Town is a product of previous efforts put forth by many diverse
individuals and groups. In the future, each new development that takes place, whether a subdivision
that is platted, a home that is built, or a new school, church or shopping center that is constructed,
represents an addition to Prosper’ physical form. The composite of all such efforts and facilities creates
the Town as it is seen and experienced by its citizens and visitors. If planning is to be effective, it must
guide each and every individual development decision. The Town, in its daily decisions pertaining to
whether to surface a street, to approve a residential plat, to amend a zoning ordinance provision, to
enforce the building codes, or to construct a new utility line, should always refer to the basic proposals
outlined within the Comprehensive Plan. The private builder or investor, likewise, should recognize the
broad concepts and policies of the Plan so that their efforts become part of a meaningful whole in
planning the Town.
Flexible and Alterable Guide
This 2012 Comprehensive Plan is intended to be a dynamic planning document for Prosper – one that
responds to changing needs and conditions. Plan amendments should not be made without thorough
analysis of immediate needs, as well as consideration for long-term effects of proposed amendments.
The Town Council and other Prosper officials should consider each proposed amendment carefully to
determine whether it is consistent with the Plan's goals and policies, and whether it will be beneficial for
the long-term health and vitality of Prosper.
Annual Review
At one-year intervals, a periodic review of the Plan with respect to current conditions and trends should
be performed. Such on-going, scheduled evaluations will provide a basis for adjusting capital
expenditures and priorities, and will reveal changes and additions that should be made to the Plan in
order to keep it current and applicable long-term. It would be appropriate to devote one annual
meeting of the Planning and Zoning Commission to reviewing the status and continued applicability of
the plan in light of current conditions, and to prepare a report on these findings to the Town Council.
Those items that appear to need specific attention should be examined in more detail, and changes
and/or additions should be made accordingly. By such periodic evaluations, the Plan will remain
functional, and will continue to give civic leaders effective guidance in decision-making. Periodic reviews
of the plan should include consideration of the following:
The Town's progress in implementing the plan;
Changes in conditions that form the basis of the plan;
Community support for the plan's goals, objectives & policies; and
Changes in State laws.
The full benefits of the Plan for Prosper can only be realized by maintaining it as a vital, up-to-date
document. As changes occur and new issues within the Town become apparent, the Plan should be
revised rather than ignored. By such action, the Plan will remain current and effective in meeting the
Town's decision-making needs.
117 Town of Prosper, TX
Comprehensive Plan
IMPLEMENTATION PLAN
Complete Review and Update with Public Participation
In addition to periodic annual reviews, the Comprehensive Plan should undergo a complete, more
thorough review and update every 5 or 10 years. The review and updating process should begin with
the establishment of a Steering Committee, similar to the one that was appointed to assist in the
preparation of this Plan. If possible, this committee or the Planning and Zoning Commission should be in
charge of periodic review of the plan. Specific input on major changes should be sought from various
groups, including property owners, neighborhood groups, civic leaders and major stakeholders,
developers, merchants, and other citizens and individuals who express an interest in the long-term
growth and development of the Town.
Regulatory Mechanisms
The usual processes for reviewing and processing zoning amendments, development plans, and
subdivision plans provide significant opportunities for implementing the Plan. Each zoning,
development and subdivision decision should be evaluated and weighed against applicable proposals
contained within the Plan. If decisions are made that are inconsistent with Plan recommendations, then
they should include actions to modify or amend the Plan accordingly in order to ensure consistency and
fairness in future decision-making. Amending the Subdivision Ordinance and Zoning Ordinance
represent two major proactive measures that the Town can take to implement 2012 Comprehensive
Plan recommendations.
Zoning Ordinance
Zoning is perhaps the single most powerful tool for implementing Plan recommendations. The Town’s
Zoning Ordinance should be updated with the recommendations contained within the chapters of this
2012 Comprehensive Plan. All zoning and land use changes should be made within the context of
existing land uses, future land uses, and planned infrastructure, including roadways, water and
wastewater.
Zoning Text Amendments
Consideration should be given to updating areas of the zoning ordinance that may allow ideas, principles
or design standards identified within this Comprehensive Plan to be more easily achieved. Their
implementation will not only improve future development and interaction between land uses, but will
also improve Prosper’s overall image and livability. Such changes may involve landscaping setbacks,
non-residential building design, and additional tree requirements, to name a few. These
recommendations should be itemized and prioritized, and should be incorporated into the Zoning
Ordinance accordingly.
Zoning Map Amendments
State law gives power to cities to regulate the use of land, but regulations should be based on a plan.
Therefore, Prosper’s Zoning Map should be as consistent as possible with the Comprehensive Plan,
specifically the Future Land Use Plan. It is not reasonable, however, to recommend that the Town make
large-scale changes in its zoning map changes immediately. It is therefore recommended that the Town
prioritize areas where a change in current zoning is needed in the short-term and that efforts be
concentrated on making such changes. In the long-term, consistent zoning policy in conformance with
the Future Land Use Plan will achieve the Town’s preferred land use pattern over time.
Subdivision Ordinance
The act of subdividing land to create building sites has a major effect on the overall design and image of
Prosper. Much of the basic physical form of the Town is currently created by the layout of streets,
easements, and lots. In the future, the basic physical form of Prosper will be further affected by such
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IMPLEMENTATION PLAN
action. Requirements for adequate public facilities are essential to ensure the Town’s orderly and
efficient growth. Plan recommendations, such as cross-access easements, should be incorporated
within the Subdivision Ordinance.
Implementation Goals and Objectives
Implementation is one of the most important, yet most difficult, aspects of the comprehensive planning
process. Without viable, realistic strategies for implementation, the recommendations contained within
this 2012 Comprehensive Plan will be difficult to realize.
The following section contains the original six community goals established within the Community Vision
chapter of this comprehensive plan. Under each of the six community goals, more specific objectives
are included to guide plan implementation. The objectives listed are derived from recommendations
contained within the comprehensive plan document as well as ideas heard from the CPAC and general
public.
Goal 1. Provide a variety of land uses, in accordance with the vision of Prosper Residents, which
diversify the tax base and enable residents to live, work, shop, eat and relax in Prosper
Objective 1.1: Provide a range of high-quality housing districts in Prosper.
Objective 1.2: Maximize development along the Dallas North Tollway by providing
opportunities for Class A office space (office space defined by high-quality
furnishings, state-of-the-art facilities and excellent accessibility), corporate
campus development and mixed-use retail/residential development.
Objective 1.3: Create specific landscaping and thematic design guidelines for development
along the Dallas North Tollway.
Objective 1.4: Promote larger-scale master planned developments over small-scale individual
developments along the Dallas North Tollway by discouraging individual
developments under 5 acres in size.
Objective 1.5: Maximize development opportunity along Highway 380 by providing nodal
commercial and retail activity. Retail, commercial, service and big-box uses
should be focused primarily around major intersections with mid-block sections
being utilized for medium density residential uses and office space. Continuous
strip development should be avoided.
Objective 1.6: Utilize the Town Center for a regional draw, bringing in patrons from outside of
Prosper.
Objective 1.7: Ensure that the core of the Town Center contains a higher degree of urban
design with buildings situated up to the building line, wide sidewalks, street
trees and pedestrian amenities. Preferred examples include the Shops at Legacy
and the Shops at Watters Creek.
Objective 1.8: Include public space within the Town Center to serve as a focal point for the
Town Center and to provide space for community events and festivals.
Objective 1.9: Encourage the use of structured parking within the Town Center and Dallas
North Tollway Districts to minimize the negative impact of large scale parking
lots. Require structured parking to be strategically located to minimize visibility
from the public view.
Objective 1.10: Include public facilities, such as a new Town Hall, Community Services facility or
Library, within the Town Center or Old Town districts.
119 Town of Prosper, TX
Comprehensive Plan
IMPLEMENTATION PLAN
Objective 1.11: Provide a network of connections, both vehicular and pedestrian, that allow
movement and access to various portions of the Town Center and adjacent
neighborhoods and districts.
Objective 1.12: Preserve the integrity of Old Town and encourage complementary and
compatible redevelopment and infill development including new single family
residences containing a farm/ranch theme, residential to office conversions and
“main street” retail with studio apartments along the western end of Broadway.
Objective 1.13: Plant trees within the parkway along roads in Old Town to establish a mature
tree canopy thereby contributing to the historic theme of the area.
Objective 1.14: Utilize the Old Town Roadway Plan to prioritize street improvements within Old
Town and utilize street improvements to facilitate new development.
Objective 1.15: Utilize the BNSF railroad to create a high-tech, clean industry Business Park.
Goal 2. Maintain and enhance the high quality of life and small-town feel currently available and
expected by Prosper residents.
Objective 2.1: Encourage the implementation of the Parks Master Plan as development occurs
to facilitate the creation of an interconnected park and trails system in Prosper
at buildout.
Objective 2.2: Update the 2004 Facilities Master Plan to ensure that public facilities, such as
fire, police and other public services, are coordinated with land use projections
in the Future Land Use Plan.
Objective 2.3: Work with Prosper Independent School District to coordinate future school
facilities planning with land use projections in the Future Land Use Plan.
Objective 2.4: Continue to require developers to dedicate 1 acre of park land for every 35
dwelling units constructed.
Objective 2.5: Encourage developers to preserve riparian zones and mature tree stands on
development sites and utilize such areas for residential park and open space
areas.
Objective 2.6: Preserve existing tree cover, when possible, by creating a tree preservation
ordinance and by conducting a natural assets inventory plan.
Objective 2.7: Encourage the use of rural design characteristics on new roadway construction
projects including the use of traditional lighting features, wide setbacks, native
plant materials, wildflowers and increased tree coverage.
Objective 2.8: Utilize cladding and form-lining at culvert crossings to create the impression of a
roadway bridge.
Objective 2.9: Determine if certain roadways within the community can maintain their existing
rural context, particularly roadways that may not require widening to meet
future demands.
Objective 2.10: Identify roadways that may be intentionally designed to be more rural in
character, potentially containing bioswales and other natural drainage features.
Appropriate roadways may include those that traverse residential districts and
contain little if any commercial development.
Objective 2.11: Encourage developers to use native planting materials and rural planting
designs within the private setback zone/landscape easement.
Objective 2.12: Develop and utilize design guidelines that address the use of rural
characteristics on development walls, neighborhood entrances and other
accessory strictures visible from the public right-of-way.
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Objective 2.13: Consistently use rural architectural/design guidelines within neighborhood
service retail centers.
Objective 2.14: Consider “dark skies.”
Objective 2.15: Work with the Prosper Historical Society to encourage the preservation of key
historic landmarks within Old Town and ensure that new development within
Old Town is designed to reflect an early 20th century historic theme.
Goal 3. Protect the quality and integrity of Prosper’s neighborhoods.
Objective 3.1: Ensure that high quality single family housing is the predominant housing type
within Prosper.
Objective 3.2: Require the use of long-lasting/durable building materials, such as stone or
brick, and encourage the use of high pitched roofs to enhance the overall
housing appearance.
Objective 3.3: Require the formation of neighborhood associations (HOAs) with all new
developments to maintain common property, provide a sense of identity and
encourage long-term private property maintenance.
Objective 3.4: Encourage developers to include neighborhood amenities such as parks, open
spaces, neighborhood pools and other such features which enhance the overall
desirability of individual neighborhoods.
Objective 3.5: Encourage developers to arrange lots in a manner that maximizes residential
access to open space when natural areas are present.
Objective 3.6: Work with developers to ensure that the majority of lot sizes within a given
development are over 12,500 square feet in size.
Objective 3.7: Low density residential areas should not exceed a gross density of 1.6 dwelling
units per acre.
Objective 3.8: Medium density residential areas should not exceed a gross density of 2.5
dwelling units per acre.
Objective 3.9: Prohibit the zoning of any additional garden-style apartment uses within
Prosper.
Objective 3.10: Work with developers to mitigate the number of apartments currently
permitted by previously approved zoning by reducing the overall number of
permitted apartments and by encouraging the use of alternative options, such
as mixed-use lofts/apartments, patio homes, snout houses, brownstones and
townhomes as a replacement for garden-style apartments.
Objective 3.11: Ensure that single family residential neighborhoods are protected from more
intensive areas of development, such as development located within the Dallas
North Tollway, Town Center, Business Park and Highway 380 districts, by using
screening and buffering techniques. Screening may include enhanced
landscaping, brick or masonry screening walls and landscaping berms, among
others.
Objective 3.12: Encourage the use of floodways as a natural buffer between low and high
intensity areas.
Objective 3.13: Utilize the trail network identified within the Park Plan to provide access to the
network of community parks and to enhance connectivity between individual
neighborhoods.
Objective 3.14: Ensure that neighborhoods have at least two roadway access points and
encourage roadway connections between neighborhoods to provide more
direct and interconnected forms of vehicular and pedestrian travel.
121 Town of Prosper, TX
Comprehensive Plan
IMPLEMENTATION PLAN
Goal 4. Require high-quality and visually attractive architectural characteristics in both residential and
non-residential developments.
Objective 4.1: Zone key roadway intersections for retail while utilizing remaining land adjacent
to major roadways for residential to avoid stripped out arterial roadways
Objective 4.2: Avoid four-corner retail zoning to avoid an oversupply of retail zoning.
Objective 4.3: Limit driveways within 150 feet of major intersections to encourage larger scale,
master planned retail centers over individual retail establishments.
Objective 4.4: Encourage the creation of nodal, master planned retail centers over strip center
developments to encourage long term viability and investment in retail centers.
Objective 4.5: Mandate the use of high-quality building materials, such as brick and stone, to
protect the long-term durability of non-residential construction. Require all
non-residential developments to be 100% masonry and prohibit metal building
construction.
Objective 4.6: Create a menu-choice matrix for non-residential developments, requiring new
developments to choose from a palate of predetermined colors and styles.
Objective 4.7: Require architectural enhancements, such as pitched roofs, awnings, enhanced
canopies and building articulation to create visually attractive developments.
Objective 4.8: Require all parking rows to contain ending landscape islands.
Objective 4.9: Encourage the planting of trees within parking lots so that 25% of the parking
lot is covered by a shade canopy at tree maturity.
Objective 4.10: Encourage large parking lots to contain a shaded pedestrian way.
Objective 4.11: Incentivize the use of dispersed landscaped stormwater areas within parking
lots rather than large detention ponds. Allow stormwater best management
practices (BMPs) to count towards a portion of landscaping requirements.
Objective 4.12: Encourage the use of thematic, decorative and enhanced lighting features
within the public right-of-way, residential areas (when necessary) and
retail/commercial areas.
Goal 5. Develop a quality and functional transportation network that enhances the Town’s image and
provides safe and convenient residential mobility.
Objective 5.1: Utilize the updated Thoroughfare Plan Map as future roadway improvements
are designed and constructed.
Objective 5.2: Ensure that Prosper’s thoroughfare network is coordinated with neighboring
communities and work to negotiate and resolve any conflicting issues.
Objective 5.3: Utilize the functional street classification system, a hierarchical network of
roadway classifications, to create a network of major and minor thoroughfares,
collector and local streets.
Objective 5.4: Utilize shared access and cross-access easements to provide connectivity
between adjacent non-residential uses, limiting the number of driveways along
major corridors and allowing for more continuous landscaping.
Objective 5.5: Connect various portions of the community, including neighborhoods, the Town
Center, Old Town, public facilities and parks, with a system of pedestrian and
bicyclist trails to provide interconnectivity and create a system of non-motorized
linkages within the community.
Objective 5.6: Ensure that sufficient right-of-way is acquired and dedicated during platting or
roadway design to accommodate ultimate roadway configurations and
designated trails.
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Objective 5.7: Utilize Context Sensitive Solutions to design roadways within the context of
their adjacent development.
Objective 5.8: Utilize the Old Town District Roadway Plan as a guide during roadway design
within the Old Town area.
Objective 5.9: Create backage roads along the Dallas North Tollway to support development
connectivity and accessibility.
Objective 5.10: Upgrade Hays Road to a commercial collector to support and provide back
access to future commercial and retail development along Preston Road.
Objective 5.11: Extend and realign South Coleman Road to intersect with Richland Boulevard. at
Preston Road providing connectivity between Old Town, the Town Center and
development along Highway 380.
Objective 5.12: Include access roads along Highway 380, between the Lovers Lane Loop, in
order to provide access to development along the grade-separated segment of
Highway 380.
Objective 5.13: Create a streetscape design program that intentionally characterizes individual
roadways based upon anticipated forms of development.
Objective 5.14: Investigate amending the Town ordinances to allow for ornamental walls and
fences and other types of materials, such as split iron/wood. Identify key
corridors where standards would be applicable in order to create greater
corridor consistency.
Objective 5.15: Consider wider setbacks along Preston Road with enhanced landscaping to
maintain a more rural feel and to create a larger barrier between Preston Road
and adjacent neighborhoods.
Objective 5.16: Monitor regional rail initiatives for changes or updates to the Frisco Commuter
Rail Line, particularly how such changes impact Prosper.
Goal 6. Ensure that water, wastewater and stormwater infrastructure is able to meet future growth
demands.
Objective 6.1: Investigate any deficiencies in the infrastructure systems.
Objective 6.2: Develop concepts that will address deficiencies of the infrastructure systems.
Objective 6.3: Strive for an infrastructure system that will effectively and economically serve
existing and projected needs of the community in a safe and efficient manner.
Objective 6.4: Ensure that infrastructure is comparable or expanded to support future
development, specifically in key development areas.
123 Town of Prosper, TX
Comprehensive Plan
IMPLEMENTATION PLAN
Prioritization
On February 13, 2012, a Town Hall meeting was conducted at Prosper High School in order to present
the Draft Comprehensive Plan to the public and to gather comments and feedback from the public on
plan recommendations. Over 275 attendees were present at the meeting. Attendees participated in
round table discussions where individualized feedback on plan recommendations was able to be
deduced. Additionally, participants were asked to prioritize implementation issues. The following are
the results of the issue prioritization exercise:
Issue Votes
Upscale small town feel 90
Keep median home value high 79
Protecting/preserving schools 71
Quality retail on major corridors 67
Large-lot homes 60
Maintain quiet feel 56
Preserve open space 46
No garden style apartments 46
Quality development “raise the bar” 43
Need neighborhood services 32
Bicycle/Jogging trails 31
Enhanced landscaping, more trees 26
Lighting in appropriate areas, but keep dark sky 25
Parks 22
Entertainment for families 12
Gateways along major corridors 10
Shuttles for seniors 8
Maximum density of 4-6 stories on Tollway 7
Larger setbacks on roadways 4
124
Comprehensive Plan
Town of Prosper
IMPLEMENTATION PLAN
Freese and Nichols, Inc.
1705 N. Market Street
Suite 500
Dallas, Texas 75202
(214) 217‐2200
www.freese.com
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 1
Comprehensive Plan Update
June 26, 2012
Town of Prosper
Public Hearing
Town Council
2
Guide & Direct Growth
DFW 4th Largest
Metro Area in US
Over 9 Million People
by 2030 (NCTCOG
Projection)
Collin County 2030
Projection: 1.4 Million
Understanding
regional efforts and
how they impact
Prosper
Higher density growth
within Collin County
Growth is inevitable
Regional Context
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 2
3
Regional Context
Denton County Collin County
4
Current Guide
•2004 Comprehensive Plan
–8 Years Old
–Update was needed due to rapid
growth
–Projects buildout at 90,000 residents
•Comprehensive Plan Advisory
Committee (CPAC)
–Re‐examine Local and Regional
Issues
–Re‐define Prosper’s Vision
–Develop Land Use Scenario
–Inform Neighbors
–Ambassadors of the Process
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 3
5
Planning Process
Community
Snapshot
Visioning/
Community
Input
Plan
Development
Adoption &
Implementation
•Profile
•Existing
Conditions
•Planning
Context
•Issue
Identification
•Town Hall
•VCS
•Plan Goals
•Vision
Statement
•Community
Character
•Transportation
Plan
•Economic
Analysis
•Infrastructure
Assessment
•Plan
Objectives
•Prioritization
Community Snapshot
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 4
7
0
10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
1970 1980 1990 2000 2010 2020 2030 2040
Community Snapshot
Population Projection (Proposed Plan)
Neighbors (1970‐2010)
Collin County: 6.3%
Celina: 4.0%
Frisco: 10.9%
McKinney: 5.5%
Prosper: 7.6%
*Compound Annual Growth
Rate (CAGR)
2011: 10,550
Buildout: 69,300
8
Community Snapshot
Existing Land Use: Town Limits
Total Area
Commercial
2%
Industrial
1%
Multi‐Family
0%
Mobile Home
0%
Office
0%
Parks & Open
Space
3%Public Semi‐
Public
2%
Retail
0%
Single‐Family
12%
Vacant
80%
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 5
9
Community Snapshot
Existing Land Use: Town Limits
Zoning
Planned
Development
Zoning
61%
Straight
Zoning
19%
Agricultural
and ETJ
20%
Community Vision
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 6
11
Input Methods
•CPAC
–Issue Identification
–Visual Character Survey
–Discussion
•Town Hall #1
–Round Table Discussions
–Visual Character Survey
•General Public
–Visual Character Survey
•Town Hall #2
–Vision & Draft Plan
12
Guiding Principles
Small‐town, rural feel
Open spaces that create a quiet, open feel
Provide large‐lot homes
“Raise the bar” on development/ attract quality development
Attract neighborhood services, such as a grocery store
System of connected parks and trails
Clearly brand and identify Prosper
Entertainment venues for families
Create high quality mixed‐use centers where residents may shop, dine,
socialize and live
Enhance Old Town Prosper
Mixture of high‐quality residential types, for “in‐town” and “rural” living
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 7
13
Vision Statement
“Prosper is a community for a lifetime; rooted in
family values, exemplary schools, distinctive and
distinguished neighborhoods and a “small town feel,”
it is a true place to call home. We aspire to create a
residential oasis in an ever increasing urban area. We
envision a community with spacious, family‐friendly
neighborhoods, exce ptional shopping areas, excellent
services, a business friendly environment and a
responsive government where citizens have a say.”
14
Community Goals
•Goal 1: Provide a variety of land uses, in accordance with the vision of Prosper Residents,
which diversify the tax base and enable residents to live, work, shop eat and
relax in Prosper.
•Goal 2:Maintain and enhance the high quality of life and small‐town feel currently available
and expected by Prosper Residents.
•Goal 3:Protect the quality and integrity of Prosper’s neighborhoods.
•Goal 4: Require high‐quality and visually attractive architectural characteristics in both
residential and non‐residential developments.
•Goal 5:Develop quality, open roadways that enhance the Town’s rural image,are
compatible with adjacent development and provide safe and convenient traffic
movements.
•Goal 6:Ensure that water, wastewater and stormwater infrastructure is able to meet
future growth demands.
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 8
Community Character
16
Future Land Use Plan
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 9
17
Future Land Use Summary
Business Park
2%
High Density
4%
Low Density
34%Medium
Density
35%
Old Town
2%
Neighbor‐hood
Services
2%
Town Center
4%
Tollway District
9%
US 380 District
8%
•Residential: 72%
•Non‐Residential: 26%
•Old Town: 2%
18
Residential Areas
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 10
19
Single Family Residential
Dwelling Units Per Acre Square Footage Range
2004 Plan Draft Plan 2004 Plan Draft Plan
Low Density 2 (Maximum) 1.6 (Maximum) None
Greater than
15,000 sq. ft.
Medium
Density 2.1 to 3.5 1.6 to 2.5 None
12,500‐20,000
sq. ft.
High Density N/A
Greater than
2.5 (Only in
Artesia)
None
Less than
10,000 Square
Feet (Only in
Artesia
20
Multifamily Residential
800 MF Units
40 acres
(Zoned in 2004)
300 MF Units
20 acres
(Zoned in 2008)
504 MF Units
33.6 acres
(Zoned in 2000)
28 MF Units
(Nonconforming)
620 MF Units
42.5 acres
(Zoned in 2000)
300 MF Units
20 acres
(Zoned in 2006)
423 MF Units
28.2 acres
(Zoned in 2006)
419 MF Units
27.9 acres
(Zoned in 2006)
2,400 Mixed Use
Units - 20 acres
(Zoned in 2008)
Artesia
600 MF Units
30 acres
(MUD created 2003)
• 648 garden-style multifamily units currently exist (620 in the Mansions/Estates and 28 in downtown).
• Current zoning allows for an additional 2,746 garden-style multifamily units on 169.7 acres.
• Planned Development-41 allows for 2,400 urban-style mixed use units on 20 acres on the northwest corner of
U.S. 380 and Dallas North Tollway.
• 232.2 acres of multifamily is currently 1.45% of the land area in the Town of Prosper.
• In addition to the multifamily units in the Town of Prosper, the Artesia development agreement allows for 600
garden-style multifamily units on 30 acres in Denton County.
Approved Multifamily Units per Zoning in the Town of Prosper
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 11
21
High Density Residential
•Preferred Types
–Mixed‐Use Apartments/Lofts
–Patio Homes
•Appropriate Locations
–Dallas North Tollway
–Highway 380
–Town Center
–Major Corridors contain higher
intensities
22
Ultimate Capacity
–No new garden style apartments—replaced
with mixed‐use lofts and patio homes
–Lower single‐family density, more open feel
2004 Plan Draft Plan
Ultimate Capacity 90,000 69,300
Projected Growth Rate 9% CAGR 8% CAGR
Estimated Buildout Date 2037 2035‐2040
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 12
23
Non‐Residential Land Use
24
Neighborhood Services
•Intent
–Provide daily necessities to Prosper
Residents (grocery, bank, pharmacy,
family practice offices, etc)
•Character
–Small Scale, less intense
–Provide local services
•Percent of Land Use
–2%
–But may be located within the various
districts
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 13
25
Dallas North Tollway
•Intent
–Maximize tax base along Dallas North
Tollway
•Character
–Office, mixed‐use, retail, high density
residential
–Provides regional services, attracts
outside patrons to Prosper
–4‐6 story office building maximum height
•Percent of Land Use
–9%
26
Highway 380
•Intent
–Provide commercial services to Prosper
residents
–Maximize traffic on HWY 380
•Character
–Big Box retail, commercial services with
outside storage, hotels, automobile
service stations with convenience store,
etc
–High Density residential may be
incorporated at lower intensities
•Percent of Land Use
–8%
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 14
27
Town Center
•Intent
–Provide shopping, dining, retail, and
entertainment opportunities for Prosper
Residents
•Character
–Mixed‐use development with shopping,
dining and entertainment venues
–Public gathering space for community
events/festivals
–Office and high density residential
component
•Percent of Land Use
–4%
28
Business Park
•Intent
–Leverage railroad to attract light
industrial, business park activity
•Character
–Light Industrial/warehousing
–Office Showroom
–Office Park
–High quality landscaping and screening
along major roadways
•Percent of Land Use
–2%
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 15
29
Old Town
30
Old Town
•Intent
–Preserve Prosper’s past
–Historic core of the community
•Character
–Boutique office and retail
–Older homes along Broadway and first
converting to office and retail
–Historic theme on new infill development
–High density residential near TOD
•Percent of Land Use
–2%
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 16
31
Primary Adjustments from
2004 Comprehensive Plan
•Lowered Single‐Family Density
–Low Density: 1.6 DUA from 2.0 DUA
–Medium Density: 1.6‐2.5 DUA from 2.1 –3.5 DUA
•No More Garden Apartments
–Work with developers to reduce the amount of
previously approved garden style apartments
–Mixed use/loft apartments, patio homes, snout homes
townhomes and brownstones
•Business Park
–Leverage BNSF Railroad & DNT Access
•Industrial along Highway 380 Removed
–Part of Highway 380 District (Commercial, Big Box,
Retail)
•Old Town Plan
–Land Use and Transportation included as part of the
Comprehensive Plan
32
Residential Density Changes
Low density transition
into Prosper from
higher density MUD’s
Medium Density buffer adjacent
to Dallas North Tollway
Medium Density Residential replaces Commercial Boulevard
District; Floodplain serves as a buffer to Highway 380 District
Medium Density coincides with
development plans.
Artesia defined as High Density
Single‐Family
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 17
Livability
34
Open Space/Community
Interaction
•Plan recommends a range of
strategies to achieve open space
preservation
•Public Space/Gathering Space
Examples
–Farmers Market
–Playgrounds & Parks
–Gardens
–Town Center
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 18
35
Housing Mix
Multiple
Family
Starter
Home
Move‐up
Home
Empty
Nester
Adult
Living
Complex
Assisted
Living
36
Mixed‐Use in Prosper
•Mixed Use Areas
–Dallas North Tollway
–Town Center
–US 380
–Old Town
•Mixed‐Use Lofts/Apartments
•Favored Models
–Shops at Legacy
–Watters Creek
–Southlake
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 19
37
Image/Branding
•Image
–Small Town “chic country”
–Rural feel (open space/parks, setbacks)
–Excellent Schools
•Establish gateways into Propser
•Major Gateways
–DNT, HWY 380, Preston, Custer, Gee, FM 1385
•Minor Gateways
–Teel, Legacy, Coit
•Theme
–To be defined
Transportation Plan
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 20
39
Recommended
Thoroughfare Plan
40
Thoroughfares
•Recommendations:
–Retain Current Plan and
Associated Roadway Sections
•Proposed Modifications:
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 21
41
Old Town
42
Potential TOD
(Transit Oriented Development)
•Plan Recommendations
–Recommends a strategy that preserves our
options and choices in the future
•Monitor Regional Planning
Initiatives
–Mobility 2035
–Frisco Corridor Plan
–No Details today on operation, type, etc
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 22
43
Infrastructure Assessment
•Plans already developed for
water, wastewater and
drainage
•Plan ensures infrastructure
coordination to meet future
growth:
–Short and long term
recommendations
44
Economic Analysis
•Ensures Future Land Use Plan
is fiscally balanced.
•Based upon Future Land Use
Plan
•Based upon ultimate capacity
of 69,300
•Flexibility allows the Town to
provide a range of services
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 23
45
Economic Analysis
•Retail Acreage
–Town Supports 374 Acres
–Plan Recommends 750 Acres
•Sales Tax Estimates
–Household Income
–Number of Households
–Household Retail Expenditures
–2% Sales Tax Collection (1% for General Fund)
•Ad Valorem Estimates
–Comparative Properties (Central Appraisal
District)
–Value Per Acre
–Taxable Value ($.52 for every $100
Assessment)
46
Economic Analysis
•Tax Gap Analysis
–Sales and Ad Valorem Income
–Estimated Per Capita Expenditures
–Potential Ad Valorem Surplus/Deficit
*Income does not include additional income such as
industry, inventory and business personal property
taxes or fees, permits or fines.
Total Town Ad Valorem Income at
Build‐out $66,106,255
Total Sales Tax Income at Build‐out $17,120,278
Total Income from Tax at
Build‐out*$83,590,594
Total Expenditures $52,323,765
Tax Gap Surplus 31,266,829
2010
Population
FY 2010‐2011
General Fund
Budget
Per Capita
Expenditure
Southlake 26,575 $30,410,480 $1,144
Richardson 99,223 $94,180,002 $949
Allen 84,246 $72,270,464 $858
Prosper 9,423 $7,115,112 $755
Argyle 3,282 $2,320,366 $707
Plano 258,841 $182,758,485 $706
McKinney 131,117 $90,788,018 $692
Frisco 116,989 $77,945,250 $666
Celina 6,028 $3,945,684 $655
Desoto 49,047 $29,760,521 $607
Rowlett 56,199 $33,793,677 $601
Little Elm 25,898 $13,157,771 $508
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 24
47
Implementation Plan
•Short and Long Range Actions
•Goals and Corresponding Actions
–Goal 1: Maintain and enhance the high
quality of life and small‐town feel.
•Objective 1.1: Encourage the
implementation of the Parks Master
Plan to create an interconnected parks
and trails system in Prosper.
•Objective 1.2: Continue to require
developers to dedicate 1 acre of park
land for every 35 dwelling units
constructed.
48
Town Hall #2 Prioritization
1
2
3
4
5
* Numbers Indicate Top 5 Priorities
Draft Prosper Comprehensive Plan: Public Hearing/Town Council
Town of Prosper, TX June 26, 2012
Freese and Nichols, Inc.
Page 25
49
2012 Comprehensive Plan
•New Vision, Public Input/Issue Identification
•Strategies for Future Land Use, Transportation
and Community Character
•Implementation Plan
50
2012 Comprehensive Plan“Prosper is a community for a
lifetime; rooted in family values,
exemplary schools, distinctive and
distinguished neighborhoods and a
“small town feel,”it is a true place to
call home. We aspire to create a
residential oasis in an ever
increasing urban area. We envision a
community with spacious, family‐
friendly neighborhoods, exceptional
shopping areas, excellent services, a
business friendly environment and a
responsive government where
citizens have a say.”
Ops.ops…my eyes
]
1. Call to Order / Roll Call.
Prosper is a place where everyone matters.
MINUTES
Regular Meeting of the
Prosper Planning & Zoning Commission
108 W. Broadway St., Prosper, Texas
Town of Prosper Municipal Chambers
Tuesday, May 15, 2012, 6:00 p.m.
The meeting was called to order at 6:01 p.m.
Roll call taken by Chris Copple, Planning Director.
Commissioners present included: Chair Mark DeMattia, Vice Chair Mike McClung, Secretary Chris
Keith, Bill Senkel, Bruce Carlin, Jim Cox, and Rick Turner.
Staff present included: Chris Copple, Planning Director; and Suzanne Brandon, Permit Technician.
Consultant team present included: Eddie Haas and Brandon Gonzalez with Freese and Nichols.
2. Recitation of the Pledge of Allegiance.
CONSENT AGENDA
3a. Consider and act upon minutes from the following Planning & Zoning Commission
meeting:
• April 17, 2012 Regular Meeting
• May 1, 2012 Regular Meeting
3b. Consider and act upon a site plan for the Parks Maintenance Facility at Frontier Park,
located 2,000± feet on the south side of Frontier Parkway, 1,500± feet west of the Burlington
Northern Santa Fe railroad tracks. The property is zoned Agricultural (A). (D12-0017).
3c. Consider and act upon a conveyance plat of Whitley Place, Phase 3, Block B, Lot 5X on 8.4±
acres, located on the south side of Prosper Trail, 500± feet west of Escalante Trail. The
property is zoned Planned Development-9 (PD-9). (D12-0018).
3d. Consider and act upon a final plat of Whitley Place, Phase 1, Block S, Lots 1XR and 2R-4R
and Block T, Lot 30R, being a replat of Whitley Place, Phase 1, Block S, Lots 1X and 2-4
and Block T, Lot 30 on 4.5± acres, located on the northwest corner of First Street and
Whitley Place Drive. The property is zoned Planned Development-9 (PD-9). (D12-0019).
Motioned by Carlin, seconded by McClung to approve consent agenda subject to staff’s
recommendations. Motion approved 7-0 at 6:02 p.m.
REGULAR AGENDA
4. Consider and act upon the 2012 Town of Prosper Comprehensive Plan Update. (CA12-
0001).
Page 1 of 4
Discussion
Copple: Noted the staff report remains mostly unchanged with the exception of the list of
suggested revisions requested by the Commission at the May 1, 2012 Planning & Zoning
meeting. Informed this is not a public hearing due to the public hearing being closed at the May
1st meeting. Recommended approval of the 2012 Town of Prosper Comprehensive Plan (herein
called the Plan) subject to any requested revisions by the Commission.
McClung: Asked for confirmation regarding the motion to approve with regards to the suggested
changes by the Commission.
Carlin: Asked staff why the Plan will not be revised with the Commissions suggestions before it
is reviewed by Council.
DeMattia: Addressing the Commission, clarified the process of the Commission’s
recommendation to Council and Council’s process of accepting or rejecting all or part of the
recommendation, which concludes with the approval of an ordinance that adopts the Plan.
Copple: Answering McClung, confirmed the process of recommendation and acceptance or
denial of the Plan by Council is similar to that of a zoning case. Concurred with DeMattia on his
explanation of the process. Answering Carlin, noted the Council will see the same document the
Commission reviewed, and Council can decide whether or not to accept the Commission’s
recommendations.
DeMattia: Announced that while this is not public hearing, the Commission will recognize a
request to speak from the President of the Prosper Developer’s Council (herein called the PDC).
Matt Robinson (President of the PDC): Concerned regarding the medium density residential
districts, more specifically the proposed lots sizes, not necessarily the proposed density. Noted
the PDC is not requesting a change regarding the density numbers, but is requesting
reconsideration of the lot square footages (reducing the minimum from 12,500 square feet).
Listed existing medium density residential developments (Lakes of Prosper, La Cima, Villages at
Prosper Trail) that have 10,000 square foot lots and are considered medium density. Explained
that by setting specific lot sizes, products can vary because smaller lots with medium densities
force developers to provide more open space or parks. Informed that a smaller lot size would
require a Planned Development request, which can be lengthy process.
DeMattia: Opened the floor for discussion and consideration.
McClung: Requested Council consider the following: 1) the addition of an executive summary
and briefed on the points in a proposed summary he drafted (his draft is multiple pages); 2)
Council reconcile the Comprehensive Plan Advisory Committee’s (herein called CPAC) vision
statement with their vision statement, so the town has only one; 3) revising the Plan –
specifically referencing pages 39, 47, and 61 – to reference land densities rather than lot sizes, as
building permit data suggests that seven out of ten families moving to Prosper over the last
fifteen months are building on lots less than 12,500 square feet.
Carlin: Suggested the Future Land Use Plan (herein called the FLUP) be located in the
executive summary and the summary be at the beginning of the Plan. Commented that homes
close together hinders the open feel sought by residents. Requested a revision to require side yard
Page 2 of 4
setbacks at a minimum of ten feet. Noted that a 10,000 square foot lot with ten foot sideyard
setbacks and thirty foot front and rear yard setbacks can still allow for a 3,900 square foot
building pad and a three car garage.
Senkel: Agreed with McClung that the Plan should focus on densities, not lot sizes. Noted the
topics of quality neighborhoods and retail have surfaced amongst residents. Also noted if retail
and commercial is to be developed, homes will be needed, which equates to more density. Also,
requested a review of the language regarding garden-style apartments be performed by Council
or the Town attorney to lessen the risk of liability to the Town.
DeMattia: Suggested that from resident surveys, large lot size is a top issue. Strongly preferred
to recommend the Plan to Council as written. Understood the economic burden on developers to
create more open space lots, but noted that more open space is what the citizens want. Voiced
support for placing an executive summary at the beginning of the Plan. Noted he finds no
liabilities with the garden-style apartment language and that the Town attorney must be aware of
the proposed language.
Eddie Haas: Noted the largest resident input specified no further garden-style apartment
developments. Cited the last paragraph on page 47 of the Plan. Reminded Commission that the
Plan acknowledges that there are existing multifamily planned developments, but the Town
prefers not to have any further garden-style apartment developments.
Copple: Informed the implementation process regarding future garden-style apartment growth is
partnered with the Zoning Ordinance, not the Plan. Offered to contact the Town attorney to
ensure the garden-style apartment language is acceptable.
Cox: Preferred to have the Town’s desires regarding how to address garden-style apartments in
the Plan, rather than not have it in the Plan.
Carlin: Preferred to not have written evidence a developer could use against the Town should
they not be able to develop garden-style apartments and choose to take the Town to court.
Turner: Reminded the Commission that the Plan is a guide, not a legally binding ordinance.
Preferred to see executive summary reduced to one page. Noted the CPAC spent sufficient time
and effort to produce the Plan; therefore, he supports it as written.
Commission discussed the Plan’s language; introduction; executive summary, which includes
adding the FLUP to it; and typos.
Motioned by McClung, seconded by Senkel to approve the Plan as written subject to: 1) the
Commission’s list of revisions being applied to the Plan, and 2) the removal of references to lot
sizes on pages 39, 47, and 61. Motion failed 3-4 at 6:32 p.m. with Carlin, Keith, DeMattia, and
Turner being in opposition to the motion.
Motioned by Carlin, seconded by Turner to approve the Plan as written subject to 1) the
Commission’s list of revisions being applied to the Plan; and 2) the addition of the proposed
executive summary, which is to include the FLUP, placed at the beginning of the Plan. Motion
approved 4-3 at 6:34 p.m. with Senkel, McClung, and Cox in opposition to the motion.
Page 3 of 4
Page 4 of 4
Senkel: Reiterated his opposition regarding minimum lot sizes for single family, noting the Plan
will hamper quality development.
Staff noted a public hearing on the Plan will be scheduled for the June 26, 2012 Town Council
meeting.
5. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
McClung: Requested a discussion regarding the Town’s irrigation standards, noting the preference to
utilize new technologies to effort water conservation. Commented the existing ordinances only require
irrigation be installed and do not mention types, designs, et cetera. Offered his experience of saving 660
gallons of water per cycle with a newly installed system at his residence.
DeMattia: Asked Commission if they would like to discuss water conservation issues.
Copple: Informed the Zoning Ordinance regulates private property and the Subdivision Ordinance
regulates thoroughfare screening areas with regards to irrigation. Offered to forward the request to Wade
Harden, Senior Parks and Recreation Planner.
6. Adjourn
Motioned by Keith, seconded by Cox to adjourn. Motion approved 7-0.
Meeting was adjourned at 6:47 p.m.
_________________________________ ____________________________
Melanie Videan, Planning Technician Chris Keith, Secretary
Economic Analysis
The following is a brief explanation of the Economic Analysis for further clarification, as described at the
May 1, 2012 Planning & Zoning Commission hearing.
Sales Tax
In order to provide as realistic numbers as possible for the Economic Analysis, Freese and Nichols
involved the sub-consultant Catalyst. Catalyst is well versed in conducting trade and market analyses for
various entities, including retailers. The data that Catalyst provided, specifically the Retail Percentage of
Household Income, is derived from examining credit card expenditures. The program that Catalyst uses
enables them to pull actual retail and spending for various market areas, in this case for residents of
Prosper.
The analysis of retail habits from credit card expenditures indicates that, on average, Prosper residents
spent 35 percent of their household income on retail expenditures. With an average household income
of approximately $108,000, and 3,504 total households in Prosper, the Town’s purchasing power in 2011
would have been $130,284,948.
Under a perfect scenario, the Town would currently capture approximately $2.6 million in sales tax each
year if all residents could perform their shopping exclusively within Prosper. This number is derived by
taking the existing Town sales tax allocation of 2% from the $130.3 million purchasing power of the
Town’s residents. In 2012, projections indicate that the Town may collect approximately $1.1 million in
sales tax revenue, a significant difference from the $2.6 million the economic analysis would seem to
project. This difference is explained by the Town’s retail deficit. At the current time, the Town does not
have the retail base to enable residents to shop entirely within Prosper. Town residents currently go
elsewhere for a significant portion of their retail needs. As the Town begins to add more retail, the
Town will close its retail deficit.
In order to project the retail demand and sales tax contributions at build-out, the analysis used current
2011 data on household income and persons per household. The reasoning for using 2011 data stems
from the fact that it is nearly impossible to project the economic composition of the Town at build-out,
around 2040. Since all numbers used are factual in nature, they are believed to be reasonable
assumptions for projection purposes. It is important to note that numbers given do not reflect inflation
and only reflect retail sales tax—estimates do not include industry tax, inventory tax, etc.
The economic analysis created for this Comprehensive Plan is a general analysis conducted for the
purpose of determining how land use decisions and Town population translate to financial implications.
These numbers are not intended to be used for economic development or other financial purposes.
Similar to the 30,000 foot nature of the Comprehensive Plan, they are intended to generally identify the
relationship between total households, retail trade potential and how such numbers ultimately
influence the amount of retail the Town can realistically provide.
Ad Valorem Tax
In order to estimate the potential value of the Town at build-out, and to thereby estimate potential Ad
Valorem contributions, FNI did a comparative analysis of the various land use districts identified in the
proposed Future Land Use Plan. Information from the Collin County Central Appraisal District was
gathered for each comparable property and an average value per acre was derived. In order to reflect
the variety of potential land uses along major corridors, several different properties from adjacent
communities were examined. The overall value per acre derived from comparable properties was then
multiplied by the total number of acres within the specific district to calculate the potential value of the
district. Comparable residential land uses, however, were taken from Prosper itself and high density
single-family utilized properties within Artesia.
This method was used to calculate an estimated value of the Town at build-out, based upon the
proposed Future Land Use Plan, and totaled nearly $18.2 billion. In order to account for roads, streets,
schools, churches and exemptions, approximately 30% of the total value of the community was removed
leaving an estimated taxable value of $12.7 billion. At the current tax rate of .52 cents for every $100 of
assessed value, the Future Land Use Plan would equate to a total Ad Valorem contribution of roughly
$66.1 million at build-out.
Similar to the sales tax analysis, this method is only used to demonstrate the general financial
implications of the Future Land Use Plan. For example, if a community had very little in the way of non-
residential development on their future land use plan, the Ad Valorem taxes generated may not be
sufficient to cover long-term expenditures. In Prospers case, the Ad Valorem estimates indicate that
there is good mixes of land use types and that, if developed in the future, have the potential to
contribute significantly to the Town’s value and Ad Valorem contributions. The actual number derived,
however, should be treated with caution as these are educated estimates on potential land use impacts.
Additionally, Ad Valorem estimates in this analysis do not include business personal property, which are
typically assessed separately.
It should be noted that the 2004 Comprehensive Plan conducted a similar analysis. Using Prosper’s
existing .52 cent tax rate, the Ad Valorem estimates from the 2004 Comprehensive Plan would equate to
approximately $66.02 million in Ad Valorem contributions, a difference of less than $100,000 from the
2012 Comprehensive Plan estimates. While no Ad Valorem projection can be precisely accurate,
especially considering the relatively vacant nature of Prosper at the current time, the relative
consistency between two different analyses by two different planning processes seems to indicate the
numbers, while estimates, are rooted in a certain degree of accuracy.
Tax Gap Analysis
Finally, the Tax Gap Analysis was conducted to determine if sales tax and Ad Valorem contributions
would cover anticipated Town expenditures. In order to estimate Town expenditures, the existing per
capita expenditure of $755 per citizen was used at a build-out population of 69,303 residents. This
would indicate that, if current per capita expenditures remain as they currently are, the Town would
have approximately $52.3 million in general fund expenditures at build-out.
The total estimated general fund income at build-out would be approximately $83.6 million (sales tax
and Ad Valorem contributions). The difference between income and expenditures leaves an estimated
surplus of approximately $31.2 million.
A major point to note is that, as the Town continues to grow, a higher level of service may be expected
by Town residents. Quality parks, roadways and amenities may be desired increasing the per capita
expenditures of the Town. For example, Southlake currently spends $1,144 per capita in order to
provide high quality services and amenities. If Prosper spends at this level, the estimated budget surplus
is reduced to only $3 million.
Town of Prosper: Comprehensive Plan
Planning & Zoning Commission Requested Changes
May 8, 2012
Mike McClung:
Page 13, first paragraph, line 13: “Prospers” should be “Prosper’s”
Page 55, first paragraph, line 6: Insert “of” between “development” and “street.”
Page 64, fourth paragraph, line 3: “farmers” should be “farmers’”.
Page 66, first line: Remove the word “be” (it is redundant).
Page 74, third paragraph, line 10: delete “a” in the phrase “represents “a” long term economic
and/or social benefits for the community as a whole.”
Page 79, second paragraph, line 8: delete the comma after “that.”
Page 81, last paragraph, line 2: in order to clarify the statement, the second sentence should be
changed to “An urban and rural section are both contained within a 50’ ROW.”
Page 97, second paragraph, line 1: delete the leading apostrophe before the first word.
Page 97, second paragraph, line 1: for clarification purposes, expand “FAR” to read “Floor to
Area Ratio (FAR) factor of 0.18 for retail.”
Page 101, first paragraph, line 5: add a space between “calculate” and “the.”
Executive Summary at the beginning of the Plan generally highlighting some of the Plan’s key
recommendations.
Vision Statement recommendation: provide consistency between the vision developed for the
Comprehensive Plan and the vision developed by City Council.
Chris Keith:
Add a list of tables and Figures to the Table of Contents. Name selected tables and figures.
Figures include:
o Historic Population Growth (Page 4)
o Regional Growth (Page 5)
o Existing Land Use (Page 7)
o Future Land Use Acreage (Page 47)
o Existing Land Use, Plate 1 (Page 11)
o Ultimate Capacity (Page 48)
o Population Projections (Page 49)
o Future Land Use Plan, Plate 2 (Page 45)
o Functional Street Classifications (Page 82)
o Thoroughfare Plan, Plate 3 (Page 87)
o Retail Demand Forecast (Page 97)
o Ad Valorem Estimates (Page 101)
o Tax Gap Analysis (Page 102)
o Prioritization Ranking (Page 124)
Rick Turner:
Page 51, General Guidelines, first bullet, Maximum Setbacks. Change to “Reduced Setbacks”
rather than Maximum Setbacks to be more understandable.
Bruce Carlin:
Page 9, third paragraph, change “towards” to “toward.”
Page 15, change opening sentence to “The Town of Prosper completed an update to its
Thoroughfare Plan in 2010, re-examining issues and redefining the Town’s roadway network.”
Page 17, remove extra “g” in first sentence.
Page 36, second paragraph, change “Prospers” to “Prosper’s.”
Page 36, Goal 1 and Goal 2, lowercase “Residents.”
Page 35, Goal 5:
Page 35, Goal 6, change “is” to “are.”
Page 37, last paragraph, change to “but may also include a wide variety…”
Page 40, Retail and Neighborhood Services, remove “taxes” in “both property taxes and sales
taxes…”
Page 43, define the Business Park parameters.
Page 44, define DUA, “dwelling units per acre (DUA)”
Page 47, Ultimate Capacity, 4th paragraph. Add “its desire” to “The community has very strongly
expressed its desire that no new garden style apartments be permitted within Prosper.”
Page 48, first paragraph. Add “existing or desired” to “Given the existing or desired low density
nature of development within the community…”
Page 49, first sentence add “which was previously” to “which was previously discussed in more
detail in the Planning Context.”
Page 55 and 57, change the word “built environment.”
Page 58, Connectivity, change first sentence to “Encourage connected neighborhoods which
emphasize both internal and external connectivity.”
Page 93, first sentence. Change to “The following modifications to the Thoroughfare Plan were
developed as a part of the planning process.”
Page 97, define FAR. “Floor to area ratio (FAR)”
Page 98, first sentence. Change “acreage” to “acres”
Page 98, discuss how percentages were derived.
Page 99, first paragraph. Space between the words “calculate total.”
Mark DeMattia
Clarify the need to avoid any additional non-anchored strip retail.
Page 99, add “beyond what is recommended on the Future Land Use Plan” to the statement “it
is also recommended that additional neighborhood service retail zoning should be avoided.”
P 121, Objective 4.4. add “No additional unanchored strip retail is recommended.”
Note:
The blank pages identified for deletion appear to be unnecessary pages; however, many of these pages
will be the back sides of 11x17 fold-out maps in the final printed draft. For this reason, they appear as
unformatted pages in the initial draft. The remaining blank pages are necessary for formatting
consistencies. These pages are identifiable because, while they contain no content, they do contain
formatting.
1 Town of Prosper, TX
Comprehensive Plan
EXECUTIVE SUMMARY
Executive Summary
Prosper’s 2012 Comprehensive Plan is a plan to
preserve the past, realize the potential of the
present, and guide the future of the Town. It is
a coordinated effort of citizens, decision
makers, Town staff, and other stakeholders.
The Plan analyzes the issues presented by the
current conditions to develop a vision for the
future of Prosper and designs the pathway to
achieve that desired future. As we have seen in
the last decade, growth in Prosper is inevitable.
This Plan is meant to help preserve the Town’s
history, culture and resources, as well as
manage growth sensibly and responsibly. This
Plan is intended to be a dynamic, flexible and
adaptable guide to help decision‐makers,
citizens, Town staff and other stakeholders
shape Prosper’s future on a continual, proactive
basis.
This planning document forms the basis for
policy decisions. Policy‐makers and Town staff
will use this document as a guide while
reviewing development projects, Town budget,
prioritizing capital improvement projects and
drafting ordinances to direct growth that leads
to the vision identified in this document. For
citizens and potential developers, this plan can
be used as a guide to:
Compare development requests or
projects with the vision and strategies
of this plan;
Choose the right project or realign the
request to meet the vision; and
Review recommendations and
implementation ideas to determine an
appropriate development model.
Plan Elements
Prosper’s 2012 Comprehensive Plan is
structured into seven sections – Planning to
Plan, Community Vision, Community Character,
Transportation Plan, Economic Analysis,
Infrastructure Assessment and Implementation
Plan.
Planning to Plan
This section provides introductory information
that should be considered as planning decisions
are made. Historical population growth for
both Prosper and the region, general household
characteristics, existing land use, planning
constraints and past planning efforts are
identified to begin to set the baseline, or
context from which plan recommendations
should be made.
Community Vision
One of the most critical elements of the
planning process was identifying the Town’s
vision. This process included a Comprehensive
Plan Advisory Committee (CPAC) made up of 13
Town residents who were ultimately
responsible for formulating Plan
recommendations. In addition to the CPAC, two
Town Hall meetings were conducted on June
27, 2011 and February 13, 2012. Town
residents participated in roundtable discussions
and other exercises designed to gather
feedback on the Town’s vision. A Visual
Character Survey (VCS) was made available on
the Town’s website over the duration of a 4
week period. A total of over 440 Town
residents participated in the online VCS where
residents rated nearly 200 individual images.
Key characteristics identified by the public
included the desire for maintaining the small-
town feel, preserving large-lot homes and
providing high-quality retail shopping and
restaurants.
Community Character
The Community Character element examined
both land use and livability characteristics. The
existing 2004 Comprehensive Plan was used as
a basis for land use decisions and necessary and
appropriate altercations were made based upon
the Community Vision. Overall densities in all
residential categories were lowered from the
2004 Plan and lot-size guidelines were
provided. The Plan heavily emphasizes that no
new garden style apartments should be
permitted and encourages the Town to work
with developers to reduce the number of
ECONOMIC ANALYSIS
2
Comprehensive Plan
Town of Prosper
garden style apartments currently permitted by
previously approved zoning. Based upon the
Future Land Use Plan, the Town could support
approximately 69,000 residents and, based
upon recent growth trends, build out could
potentially occur between 2035 and 2040.
Livability guidelines included keeping the more
intense development along the Dallas North
Tollway and Highway 380 while maintaining
Preston Road as an internal corridor respective
of adjacent residential neighborhoods. General
considerations for neighborhood design were
derived and life-cycle housing options that
permit residents to live in Prosper through
changing life circumstances were provided. A
land use and roadway character plan for Old
Town was created in order to preserve the
historical element of the Town’s founding.
Finally, gateway and image enhancement
recommendations were provided.
Transportation Plan
The Town recently completed an update to its
Thoroughfare Plan and therefore no major
modifications were needed. Minor
modifications to the South Coleman Couplet
were proposed in addition to creating backage
roads for access along the Dallas North Tollway,
upgrading Hayes Road and providing frontage
roads along Highway 380 between the Lovers
Lane Loop. Finally, roadway sections for Old
Town were created. Roadway sections are
intended to preserve and enhance the historical
elements of Old Town.
Economic Analysis
A general economic analysis was conducted to
determine the Town’s retail needs at build-out
and to approximate the financial benefits of the
Future Land Use Plan in terms of potential sales
and property tax contributions. Findings
indicate that retail acreage on the Future Land
Use Plan can support the Town’s future needs
and accounts for additional market capture due
to the Towns major regional corridors. Ad
Valorem and Sales Tax estimates, combined
with current per capita expenditures, indicate
that the Future Land Use Plan is diversified and
can potentially permit the Town to provide
additional services and amenities in the future.
Infrastructure Assessment
An evaluation of overall water and wastewater
infrastructure within the Town was conducted.
Based upon recommendations within the
Town’s recently completed water and
wastewater master plans, the Town can provide
water and wastewater services to
accommodate a potential build-out of
approximately 69,000 residents.
Implementation Plan
The Implementation Plan provides objectives
related to the six community goals identified
within the Community Vision. These objectives
are intended to provide direction towards
achieving the ultimate vision for the Town. The
Implementation Plan also includes an issue
prioritization derived from citizen voting during
the February 13, 2012 Town Hall meeting. This
prioritization is intended guide Town staff and
decision-makers as future projects and needs
are identified.
Differences from 2004 Plan
The following are the noticeable changes from
the 2004 Comprehensive Plan.
Vision Statement: the 2004 Plan does
not include a Vision Statement.
Single Family Densities and Lot Size:
The 2004 Plan recommends densities of
less than 2.0 dwelling units per acre
(DUA) in low density residential areas
and between 2.1 and 3.5 DUA in
medium density residential areas. The
2004 Plan does not give a
recommendation on lot sizes. The 2012
Comprehensive Plan recommends less
than 1.6 DUA in low density residential
area and between 1.6 and 2.5 DUA in
medium density residential areas. The
2012 Plan also recommends lots greater
than 15,000 square feet in low density
areas and between 12,500 and 20,000
3 Town of Prosper, TX
Comprehensive Plan
EXECUTIVE SUMMARY
square feet in medium density
residential areas.
Multifamily: The 2004 Comprehensive
Plan supports 215 acres of multifamily
and an estimated 3,425 multifamily
units. The 2012 Comprehensive Plan
recommends no additional garden style
apartments and recommends that the
Town work with developers to reduce
the number of previously approved
units or to construct other forms of high
density residential, such as mixed-use
apartments, patio homes and
townhomes.
Artesia Municipal Utility District: The
2004 Plan does not recognize Artesia
and recommended medium density
residential. The 2012 Plan recognizes
Artesia and identifies the area as high
density single family.
Ultimate Capacity: The 2004 Plan
estimates a build-out population of
89,919 people. The 2012 Plan
estimates a build-out population of
69,303 people.
Business Park District: Due to the
nature of existing zoning, the 2012 Plan
recommends a variety of potential uses,
such as light industrial, commercial
warehousing, office storage and
commercial uses with outside storage.
Removal of Commercial Boulevard and
Industrial along US 380: The 2012 Plan
shows medium density residential in
place of the commercial Boulevard
District and the Industrial District has
been replaced by the Highway 380
District, which allows for a variety of
uses such as big box retail, commercial
services, hotels, banks and convenience
stores, among others.
Retail Space: The 2004 Plan
recommends 1,900,000 square feet of
retail space. The 2012 Plan suggests
approximately 5.7 million square feet of
retail space due to the regional nature
of the Town’s commercial corridors.
Downtown Prosper: The 2004 Plan did
not provide specific land use or
transportation recommendations for
Old Town. The 2012 Plan incorporates
the 2007 Land Use Plan for Old Town
and provides a detailed transportation
plan for the area.
Passenger Rail: the 2004 Plan does not
mention the possibility of future
passenger rail on the BNSF Railroad.
Although not desired at this time, the
2012 Plan addresses the possibility of
passenger rail in the future but leaves
the decision of whether or not
passenger rail is appropriate in Prosper
to future community leaders.
2012 Comprehensive Plan Future Land Use Map
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 26, 2012
Date: June 22, 2012
Agenda Item:
Consider all matters incident and related to the issuance and sale of the Town of Prosper,
Texas General Obligation Bonds, Series 2012, including the adoption of an ordinance
authorizing the issuance of such Bonds, approving an Official Statement, a Bond Purchase
Agreement, a Paying Agent/Registrar Agreement and an engagement letter of Bond Counsel.
Description of Agenda Item:
The purpose of these issuances is to fund several needed projects. This issuance will not cover
the entire projected need, but will allow Town Staff to begin work on several critical projects.
From the $4M GO proceeds, staff plans to work on the following projects and possibly utilize
any remainder for other the Bond Committee Road Projects not listed below.
Roadway From To Material Est. Cost
Prosper Trail Preston Road Custer Road Asphalt $1,000,000
Coit Road First Street Frontier Pkwy Asphalt $675,000
Coleman Broadway Prosper Trail Asphalt $375,000
Hays Road Ridgewood Preston Road Concrete $500,000
Main Street Broadway First Street Concrete $200,000
Broadway McKinley Main Street Concrete $100,000
First Street Church Craig Concrete $300,000
Seventh Coleman PISD Admin Concrete $380,000
First Street DNT Coleman Asphalt $280,000
TOTAL $3,810,000
The Town’s Financial Advisor, Jason Hughes will be present to discuss the issuance and/or
answer any questions that may arise.
Budget Impact:
While the total valuation has yet to be certified for the coming year, the additional I&S impact of
this issuance could be covered by the excess I&S revenue generated from the truth in taxation
calculation.
Prosper is a place where everyone matters.
Administration
Page 2 of 2
Legal Obligations and Review:
Dan Culver, with McCall, Parkhurst & Horton L.L.P., serves as the Town’s Bond Counsel and
has written the ordinance and made comment to the official statement.
Attached Documents:
Draft Ordinance – final terms will be set once pricing is confirmed the day of our meeting
Bond Counsel Engagement Letter
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
Town staff recommends that the Town Council
“Move to adopt an ordinance authorizing the issuance and sale of the Town of Prosper,
Texas General Obligation Bonds, Series 2012 and approving all matters incident thereto.”
Draft of 6-13-12
ORDINANCE OF THE TOWN OF PROSPER, TEXAS
AUTHORIZING THE ISSUANCE OF
TOWN OF PROSPER, TEXAS
GENERAL OBLIGATION BONDS
SERIES 2012
i
TABLE OF CONTENTS
Section 1. Recitals, Amount and Purpose of the Bonds ................................2
Section 2. Designation, Date, Denominations, Numbers, and Maturities and Interest Rates
of Bonds ...............................................................2
Section 3. Characteristics of the Bonds ............................................3
Section 4. Form of Bonds .......................................................7
Section 5. Interest and Sinking Fund .............................................14
Section 6. Defeasance of Bonds .................................................15
Section 7. Damaged, Mutilated, Lost, Stolen, or Destroyed Bonds ......................16
Section 8. Custody, Approval, and Registration of Bonds; Bond Counsel's Opinion; CUSIP
Numbers and Contingent Insurance Provision, if Obtained; Engagement of Bond
Counsel ..............................................................17
Section 9. Covenants Regarding Tax Exemption of Interest on the Bonds ................18
Section 10. Sale of Bonds and Approval of Official Statement; Application of Proceeds and
Accrued Interest; Further Procedures .......................................20
Section 11. Default and Remedies ...............................................21
Section 12. Compliance with Rule 15c2-12........................................22
Section 13. Method of Amendment ..............................................25
Section 14. Severability .......................................................27
Section 15. Designation as Qualified Tax-Exempt Obligations .........................27
Section 16. Effective Date .....................................................27
Section 17. Appropriation ......................................................27
Section 18. Written Procedures for Federal Tax Law Compliance ......................27
Exhibit A Annual Financial Statements and Operating Data ....................... A-1
Exhibit B Written Procedures Relating to Continuing Compliance With Federal Tax
Covenants............................................................B-1
ORDINANCE
AUTHORIZING THE ISSUANCE AND SALE OF TOWN OF PROSPER, TEXAS
GENERAL OBLIGATION BONDS, SERIES 2012; LEVYING AN ANNUAL AD VALOREM
TAX FOR THE PAYMENT OF SAID BONDS; APPROVING AN OFFICIAL STATEMENT;
AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT
THE STATE OF TEXAS §
COUNTIES OF COLLIN AND DENTON §
TOWN OF PROSPER §
WHEREAS, at an election in the Issuer held on May 14, 2011 (the "Election"), the voters
of the Issuer approved the issuance of tax bonds by the Issuer in five propositions totaling
$25,040,000.00 for the following purposes and in the following amounts:
Proposition
Number Purpose
Bonds
Approved
1 Purpose of acquiring a site for, and designing, a multi-purpose
municipal facility to serve as Town Hall and for other municipal
services, with any surplus bond proceeds to be used for the
construction of such facility.
$1,250,000
2 Purpose of acquiring a site for, and designing, a public works
facility, with any surplus bond proceeds to be used for the
construction of such facility.
$450,000
3 Purpose of designing, constructing, improving and equipping
public safety facilities in the Town, to-wit: police and fire
stations and facilities to improve and expand the Town's public
safety communications system for police, fire, emergency
medical service and other communications relating to public
safety and emergency conditions, and the acquisition of land and
interests in land as necessary for such purposes.
$3,850,000
4 Purpose of designing, constructing, improving and equipping
parks, trails and recreational facilities and a park administration
facility, and the acquisition of land and interests in land for such
purposes.
$6,200,000
2
5 Purpose of constructing, improving, extending, expanding,
upgrading and developing streets and roads, bridges and
intersections including, utility relocation, landscaping,
sidewalks, traffic safety and operational improvements, the
purchase of any necessary right-of-way, drainage and other
related costs.
$13,290,000
WHEREAS, the Issuer has previously issued and delivered $320,000 of the authorization
from Proposition 4 for the purposes stated in the preceding paragraph; and
WHEREAS, the Town Council of the Issuer deems it necessary and advisable to authorize,
issue and deliver $4,000,000 of the authorization from Proposition 5 for the purposes stated in the
preceding paragraph, thereby leaving $9,290,000 from Proposition 5, $5,880,000 from Proposition
4 and all voted authorization from Propositions 1, 2, and 3; and
WHEREAS, the bonds hereafter authorized are being issued and delivered pursuant to
Chapter 1331, Texas Government Code, as amended; and
WHEREAS, it is officially found, determined, and declared that the meeting at which this
Ordinance has been adopted was open to the public and public notice of the time, place and subject
matter of the public business to be considered and acted upon at said meeting, including this
Ordinance, was given, all as required by the applicable provisions of Texas Government Code,
Chapter 551; Now, Therefore
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS:
Section 1. RECITALS, AMOUNT AND PURPOSE OF THE BONDS. The recitals set
forth in the preamble hereof are incorporated herein and shall have the same force and effect as if
set forth in this Section. The bonds of the Issuer are hereby authorized to be issued and delivered
in the aggregate principal amount of $4,000,000 FOR THE PURPOSE OF PROVIDING FUNDS
FOR THE CONSTRUCTION AND EQUIPMENT OF PUBLIC IMPROVEMENTS IN THE
ISSUER AS DESCRIBED IN THE PREAMBLE HERETO.
Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS, AND
MATURITIES AND INTEREST RATES OF BONDS. Each bond issued pursuant to this
Ordinance shall be designated: "TOWN OF PROSPER, TEXAS, GENERAL OBLIGATION
BOND, SERIES 2012," and initially there shall be issued, sold, and delivered hereunder one fully
registered bond, without interest coupons, dated June 15, 2012, in the principal amount stated above
and in the denominations hereinafter stated, numbered T-1, with bonds issued in replacement thereof
being in the denominations and principal amounts hereinafter stated and numbered consecutively
from R-1 upward, payable to the respective Registered Owners thereof (with the initial bond being
made payable to the initial purchaser as described in Section 10 hereof), or to the registered assignee
or assignees of said bonds or any portion or portions thereof (in each case, the "Registered Owner"),
and said bonds shall mature and be payable serially on February 15in each of the years and in the
principal amounts, respectively, and shall bear interest from the dates set forth in the FORM OF
3
BOND set forth in Section 4 of this Ordinance to their respective dates of maturity at the rates per
annum, as set forth in the following schedule:
Years of
Maturity
Principal
Amount
Interest
Rates
Years of
Maturity
Principal
Amount
Interest Rates
2013 2023
2014 2024
2015 2025
2016 2026
2017 2027
2018 2028
2019 2029
2020 2030
2021 2031
2022 2032
Section 3. CHARACTERISTICS OF THE BONDS.
(a) Registration, Transfer, Conversion and Exchange. The Issuer shall keep or cause to be
kept at the designated corporate trust office of U.S. Bank National Association, in Dallas, Texas (the
"Paying Agent/Registrar"), books or records for the registration of the transfer, conversion and
exchange of the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying
Agent/Registrar as its registrar and transfer agent to keep such books or records and make such
registrations of transfers, conversions and exchanges under such reasonable regulations as the Issuer
and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such
registrations, transfers, conversions and exchanges as herein provided. The Paying Agent/Registrar
shall obtain and record in the Registration Books the address of the registered owner of each Bond
to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the
duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which
payments shall be mailed, and such interest payments shall not be mailed unless such notice has
been given. The Issuer shall have the right to inspect the Registration Books during regular business
hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the
Registration Books confidential and, unless otherwise required by law, shall not permit their
inspection by any other entity. The Issuer shall pay the Paying Agent/Registrar's standard or
customary fees and charges for making such registration, transfer, conversion, exchange and
delivery of a substitute Bond or Bonds. Registration of assignments, transfers, conversions and
exchanges of Bonds shall be made in the manner provided and with the effect stated in the FORM
OF BOND set forth in this Ordinance. Each substitute Bond shall bear a letter and/or number to
distinguish it from each other Bond.
Except as provided in Section 3(c) of this Ordinance, an authorized representative of the
Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign said
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Bond, and no such Bond shall be deemed to be issued or outstanding unless such Bond is so
executed. The Paying Agent/Registrar promptly shall cancel all paid Bonds and Bonds surrendered
for conversion and exchange. No additional ordinances, orders, or resolutions need be passed or
adopted by the governing body of the Issuer or any other body or person so as to accomplish the
foregoing conversion and exchange of any Bond or portion thereof, and the Paying Agent/Registrar
shall provide for the printing, execution, and delivery of the substitute Bonds in the manner
prescribed herein, and said Bonds shall be printed or typed on paper of customary weight and
strength. Pursuant to Chapter 1201, Government Code, as amended, the duty of conversion and
exchange of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the
execution of said Bond, the converted and exchanged Bond shall be valid, incontestable, and
enforceable in the same manner and with the same effect as the Bonds that initially were issued and
delivered pursuant to this Ordinance, approved by the Attorney General and registered by the
Comptroller of Public Accounts.
(b) Payment of Bonds and Interest. The Issuer hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds, all
as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all
payments made by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of all
conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance.
However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30)
days thereafter, a new record date for such interest payment (a "Special Record Date") will be
established by the Paying Agent/Registrar, if and when funds for the payment of such interest have
been received from the Issuer. Notice of the past due interest shall be sent at least five (5) business
days prior to the Special Record Date by United States mail, first-class postage prepaid, to the
address of each registered owner appearing on the Registration Books at the close of business on the
last business day next preceding the date of mailing of such notice.
(c) In General. The Bonds (i) shall be issued in fully registered form, without interest
coupons, with the principal of and interest on such Bonds to be payable only to the registered owners
thereof, (ii) may be converted and exchanged for other Bonds, (iii) may be transferred and assigned,
(iv) shall have the characteristics, (v) shall be signed, sealed, executed and authenticated, (vi) the
principal of and interest on the Bonds shall be payable, and (vii) shall be administered and the
Paying Agent/Registrar and the Issuer shall have certain duties and responsibilities with respect to
the Bonds, all as provided, and in the manner and to the effect as required or indicated, in the FORM
OF BOND set forth in this Ordinance. The Bond initially issued and delivered pursuant to this
Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but
on each substitute Bond issued in conversion of and exchange for any Bond or Bonds issued under
this Ordinance the Paying Agent/Registrar shall execute the PAYING AGENT/REGISTRAR'S
AUTHENTICATION CERTIFICATE, in the form set forth in the FORM OF BOND.
(d) Paying Agent/Registrar for the Bonds. The Issuer covenants with the registered owners
of the Bonds that at all times while the Bonds are outstanding the Issuer will provide a competent
and legally qualified bank, trust company, financial institution, or other entity to act as and perform
the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying
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Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change
the Paying Agent/Registrar upon not less than 60 days written notice to the Paying Agent/Registrar,
to be effective not later than 45 days prior to the next principal or interest payment date after such
notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by
merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer
covenants that promptly it will appoint a competent and legally qualified bank, trust company,
financial institution, or other entity to act as Paying Agent/Registrar under this Ordinance. Upon
any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall
transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books
and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by
the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written
notice thereof to be sent by the new Paying Agent/Registrar to each Registered Owner of the Bonds,
by United States mail, first-class postage prepaid, which notice also shall give the address of the new
Paying Agent/Registrar. By accepting the position and performing as such, each Paying
Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified
copy of this Ordinance shall be delivered to each Paying Agent/Registrar.
(e) Authentication. Except as provided below, no Bond shall be valid or obligatory for any
purpose or be entitled to any security or benefit of this Ordinance unless and until there appears
thereon the Certificate of Paying Agent/Registrar substantially in the form provided in this
Ordinance, duly authenticated by manual execution of the Paying Agent/Registrar. It shall not be
required that the same authorized representative of the Paying Agent/Registrar sign the Certificate
of Paying Agent/Registrar on all of the Bonds. In lieu of the executed Certificate of Paying
Agent/Registrar described above, the Initial Bond delivered on the closing date shall have attached
thereto the Comptroller's Registration Certificate substantially in the form provided in this
Ordinance, manually executed by the Comptroller of Public Accounts of the State of Texas or by
his duly authorized agent, which certificate shall be evidence that the Initial Bond has been duly
approved by the Attorney General of the State of Texas and that it is a valid and binding obligation
of the Issuer, and has been registered by the Comptroller.
(f) Book-Entry Only System. The Bonds issued in exchange for the Bond initially issued
to the initial purchaser specified herein shall be initially issued in the form of a separate single fully
registered Bond for each of the maturities thereof. Upon initial issuance, the ownership of each such
Bond shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company,
New York, New York ("DTC"), and except as provided in subsection (f) hereof, all of the
outstanding Bonds shall be registered in the name of Cede & Co., as nominee of DTC.
With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the Issuer
and the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers
and dealers, banks, trust companies, clearing corporations and certain other organizations on whose
behalf DTC was created ("DTC Participant") to hold securities to facilitate the clearance and
settlement of securities transactions among DTC Participants or to any person on behalf of whom
such a DTC Participant holds an interest in the Bonds. Without limiting the immediately preceding
sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with
6
respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect
to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person,
other than a Registered Owner of Bonds, as shown on the Registration Books, of any notice with
respect to the Bonds, or (iii) the payment to any DTC Participant or any other person, other than a
Registered Owner of Bonds, as shown in the Registration Books of any amount with respect to
principal of or interest on the Bonds. Notwithstanding any other provision of this Ordinance to the
contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and consider the person
in whose name each Bond is registered in the Registration Books as the absolute owner of such
Bond for the purpose of payment of principal and interest with respect to such Bond, for the purpose
of registering transfers with respect to such Bond, and for all other purposes whatsoever. The
Paying Agent/Registrar shall pay all principal of and interest on the Bonds only to or upon the order
of the Registered Owners, as shown in the Registration Books as provided in this Ordinance, or their
respective attorneys duly authorized in writing, and all such payments shall be valid and effective
to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of and
interest on the Bonds to the extent of the sum or sums so paid. No person other than a Registered
Owner, as shown in the Registration Books, shall receive a Bond evidencing the obligation of the
Issuer to make payments of principal and interest pursuant to this Ordinance. Upon delivery by
DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance
with respect to interest checks being mailed to the Registered Owner at the close of business on the
Record date, the words "Cede & Co." in this Ordinance shall refer to such new nominee of DTC.
The previous execution and delivery of the Blanket Letter of Representations with respect
to obligations of the Issuer is hereby ratified and confirmed; and the provisions thereof shall be fully
applicable to the Bonds.
(g) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the
event that the Issuer determines that DTC is incapable of discharging its responsibilities described
herein and in the representations letter of the Issuer to DTC or that it is in the best interest of the
beneficial owners of the Bonds that they be able to obtain certificated Bonds, the Issuer shall (i)
appoint a successor securities depository, qualified to act as such under Section 17A of the Securities
and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of
such successor securities depository and transfer one or more separate Bonds to such successor
securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of
Bonds and transfer one or more separate certificated Bonds to DTC Participants having Bonds
credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to being
registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be
registered in the name of the successor securities depository, or its nominee, or in whatever name
or names Registered Owners transferring or exchanging Bonds shall designate, in accordance with
the provisions of this Ordinance.
(h) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the
contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all
payments with respect to principal of and interest on such Bond and all notices with respect to such
7
Bond shall be made and given, respectively, in the manner provided in the representations letter of
the Issuer to DTC.
(i) Cancellation of Initial Bond. On the closing date, one initial Bond representing the entire
principal amount of the Bonds, payable in stated installments to the purchaser designated in Section
10 or its designee, executed by manual or facsimile signature of the Mayor and Town Secretary of
the Issuer, approved by the Attorney General of Texas, and registered and manually signed by the
Comptroller of Public Accounts of the State of Texas, will be delivered to such purchaser or its
designee. Upon payment for the initial Bond, the Paying Agent/Registrar shall cancel the initial
Bond and deliver to the Depository Trust Company on behalf of such purchaser one registered
definitive Bond for each year of maturity of the Bonds, in the aggregate principal amount of all of
the Bonds for such maturity.
Section 4. FORM OF BONDS. The form of the Bonds, including the form of Paying
Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration
Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Bonds
initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as
follows, with such appropriate variations, omissions or insertions as are permitted or required by this
Ordinance.
(a) Form of Bond.
NO. R-UNITED STATES OF AMERICA
STATE OF TEXAS
PRINCIPAL
AMOUNT
$_________
TOWN OF PROSPER, TEXAS
GENERAL OBLIGATION BOND
SERIES 2012
Interest Rate Dated Date Maturity Date CUSIP No.
June 15, 2012 February 15, ____
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
ON THE MATURITY DATE specified above, the Town of Prosper, in Collin and Denton
Counties, Texas (the "Issuer"), being a political subdivision and municipal corporation of the State
of Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns
(hereinafter called the "Registered Owner"), on the Maturity Date specified above or the date of
redemption prior to maturity, the Principal Amount specified above. The Issuer promises to pay
interest on the unpaid principal amount hereof (calculated on the basis of a 360-day year of twelve
30-day months) from June 15, 2012 at the Interest Rate per annum specified above. Interest is
8
payable on February 15, 2013 and semiannually on each August 15 and February 15 thereafter to
the Maturity Date specified above; except, if this Bond is required to be authenticated and the date
of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount
shall bear interest from the interest payment date next preceding the date of authentication, unless
such date of authentication is after any Record Date but on or before the next following interest
payment date, in which case such principal amount shall bear interest from such next following
interest payment date; provided, however, that if on the date of authentication hereof the interest on
the Bond or Bonds, if any, for which this Bond is being exchanged is due but has not been paid, then
this Bond shall bear interest from the date to which such interest has been paid in full.
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the
United States of America, without exchange or collection charges. The principal of this Bond shall
be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity, or
upon the date fixed for its redemption prior to maturity, at the designated corporate trust office of
U.S. Bank National Association, in Dallas, Texas, which is the "Paying Agent/Registrar" for this
Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the
registered owner hereof on each interest payment date by check or draft, dated as of such interest
payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer
required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be on
deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check
or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage
prepaid, on each such interest payment date, to the registered owner hereof, at its address as it
appeared on the last business day of the month preceding each such date (the "Record Date") on the
Registration Books kept by the Paying Agent/Registrar, as hereinafter described. In addition,
interest may be paid by such other method, acceptable to the Paying Agent/Registrar, requested by,
and at the risk and expense of, the registered owner. In the event of a non-payment of interest on
a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment
(a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for
the payment of such interest have been received from the Issuer. Notice of the Special Record Date
and of the scheduled payment date of the past due interest (which shall be 15 days after the Special
Record Date) shall be sent at least five business days prior to the Special Record Date by United
States mail, first-class postage prepaid, to the address of each owner of a Bond appearing on the
Registration Books at the close of business on the last business day next preceding the date of
mailing of such notice.
ANY ACCRUED INTEREST due at maturity of this Bond prior to maturity as provided
herein shall be paid to the registered owner upon presentation and surrender of this Bond for
payment at the designated corporate trust office of the Paying Agent/Registrar. The Issuer covenants
with the registered owner of this Bond that on or before each principal payment date, interest
payment date, and accrued interest payment date for this Bond it will make available to the Paying
Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts
required to provide for the payment, in immediately available funds, of all principal of and interest
on the Bonds, when due.
9
IF THE DATE for the payment of the principal of or interest on this Bond shall be a
Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the
designated corporate trust office of the Paying Agent/Registrar is located are authorized by law or
executive order to close, then the date for such payment shall be the next succeeding day that is not
such a Saturday, Sunday, legal holiday or day on which banking institutions are authorized to close;
and payment on such date shall have the same force and effect as if made on the original date
payment was due.
THIS BOND is one of a series of Bonds dated June 15, 2012, authorized in accordance with
the Constitution and laws of the State of Texas in the principal amount of $4,000,000 for the purpose
of providing funds for the construction and equipment of public improvements in the Issuer as
described in the Bond Ordinance.
THE BONDS OF THIS SERIES maturing on February 15 in the years ________ are subject
to mandatory redemption prior to maturity in part at random, by lot or other customary method
selected by the Paying Agent/Registrar, at par plus accrued interest to the redemption date, and
without premium, with funds on deposit in the Interest and Sinking Fund. Such Bonds shall be
redeemed by the Paying Agent/Registrar on February 15 in each of the years and in the principal
amounts, respectively, as are set forth in the following schedule:
Bonds Maturing
February 15, 20
Bonds Maturing
February 15, 20
Year
Principal
Amount Year
Principal
Amount
*Final maturity of Bond.
The principal amount of the Bonds required to be redeemed pursuant to the operation of such
mandatory sinking fund shall be reduced by the principal amount of any Bonds which, at least 45
days prior to the mandatory sinking fund redemption date (i) shall have been purchased by the Issuer
and delivered to the Paying Agent/Registrar for cancellation or (ii) redeemed pursuant to the
optional redemption provision described below and not theretofore credited against a mandatory
sinking fund requirement.
IN ADDITION TO THE MANDATORY REDEMPTION provisions described above, the
Bonds of maturing on and after February 15, 20__ may be redeemed prior to their scheduled
maturities on any date on or after February 15, 20__, at the option of the Issuer, with funds derived
from any available and lawful source, as a whole, or in part, and, if in part, the particular Bonds, or
portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a
portion of a Bond may be redeemed only in an integral multiple of $5,000), at a redemption price
equal to the principal amount to be redeemed plus accrued interest to the date fixed for redemption.
10
AT LEAST 30 DAYS PRIOR to the date fixed for any redemption of Bonds or portions
thereof prior to maturity a written notice of such redemption shall be sent by the Paying
Agent/Registrar by United States mail, first-class postage prepaid, to the registered owner of each
Bond to be redeemed at its address as it appeared on the day such notice of redemption is mailed;
provided, however, that the failure of the registered owner to receive such notice, or any defect
therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the
proceedings for the redemption of any Bond. By the date fixed for any such redemption, due
provision shall be made with the Paying Agent/Registrar for the payment of the required redemption
price for the Bonds or portions thereof which are to be so redeemed. If such written notice of
redemption is sent and if due provision for such payment is made, all as provided above, the Bonds
or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed
prior to their scheduled maturities, and they shall not bear interest after the date fixed for
redemption, and they shall not be regarded as being outstanding except for the right of the registered
owner to receive the redemption price from the Paying Agent/Registrar out of the funds provided
for such payment. If a portion of any Bond shall be redeemed a substitute Bond or Bonds having
the same maturity date, bearing interest at the same rate, in any denomination or denominations in
any integral multiple of $5,000, at the written request of the registered owner, and in aggregate
amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the
surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond
Ordinance.
ALL BONDS OF THIS SERIES are issuable solely as fully-registered Bonds, without
interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond
Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the Registered
Owner or the assignee or assignees hereof, be assigned, transferred and exchanged for a like
aggregate principal amount of fully-registered Bonds, without interest coupons, payable to the
appropriate Registered Owner, assignee or assignees, as the case may be, having the same
denomination or denominations in any integral multiple of $5,000 as requested in writing by the
appropriate Registered Owner, assignee or assignees, as the case may be, upon surrender of this
Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures
set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this
Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper
instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying
Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any
integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any
such portion or portions hereof is or are to be registered. The form of Assignment printed or
endorsed on this Bond may be executed by the Registered Owner to evidence the assignment hereof,
but such method is not exclusive, and other instruments of assignment satisfactory to the Paying
Agent/Registrar may be used to evidence the assignment of this Bond or any portion or portions
hereof from time to time by the Registered Owner. The Paying Agent/Registrar's reasonable
standard or customary fees and charges for transferring and exchanging any Bond or portion thereof
shall be paid by the Issuer, but any taxes or governmental charges required to be paid with respect
thereto shall be paid by the one requesting such assignment, transfer or exchange as a condition
precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be required to
11
make any such transfer or exchange with respect to Bonds (i) during the period commencing with
the close of business on any Record Date and ending with the opening of business on the next
following principal or interest payment date, or (ii) with respect to any Bond or any portion thereof
called for redemption prior to maturity, within 45 days prior to its redemption date.
ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without
interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond
Ordinance, this Bond may, at the request of the registered owner or the assignee or assignees hereof,
be assigned, transferred, converted into and exchanged for a like aggregate principal amount of fully
registered Bonds, without interest coupons, payable to the appropriate registered owner, assignee
or assignees, as the case may be, having the same denomination or denominations in any integral
multiple of $5,000 as requested in writing by the appropriate registered owner, assignee or
assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for
cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance.
Among other requirements for such assignment and transfer, this Bond must be presented and
surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form
and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment
of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or
assignees in whose name or names this Bond or any such portion or portions hereof is or are to be
registered. The form of Assignment printed or endorsed on this Bond may be executed by the
registered owner to evidence the assignment hereof, but such method is not exclusive, and other
instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the
assignment of this Bond or any portion or portions hereof from time to time by the registered owner.
The Paying Agent/Registrar's reasonable standard or customary fees and charges for assigning,
transferring, converting and exchanging any Bond or portion thereof will be paid by the Issuer. In
any circumstance, any taxes or governmental charges required to be paid with respect thereto shall
be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition
precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be required to
make any such transfer, conversion, or exchange during the period commencing with the close of
business on any Record Date and ending with the opening of business on the next following
principal or interest payment date.
IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns,
or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly
will appoint a competent and legally qualified substitute therefor, and cause written notice thereof
to be mailed to the registered owners of the Bonds.
IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly
authorized, issued and delivered; that all acts, conditions and things required or proper to be
performed, exist and be done precedent to or in the authorization, issuance and delivery of this Bond
have been performed, existed and been done in accordance with law; and that annual ad valorem
taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such
interest comes due and such principal matures, have been levied and ordered to be levied against all
12
taxable property in said Issuer, and have been pledged for such payment, within the limit prescribed
by law.
THE ISSUER HAS RESERVED THE RIGHT to amend the Bond Ordinance as provided
therein, and under some (but not all) circumstances amendments thereto must be approved by the
registered owners of a majority in aggregate principal amount of the outstanding Bonds.
BY BECOMING the registered owner of this Bond, the registered owner thereby
acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such
terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for
inspection in the official minutes and records of the governing body of the Issuer, and agrees that
the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each
registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or
facsimile signature of the Mayor of the Issuer (or in the Mayor's absence, by the Mayor Pro-Tem)
and countersigned with the manual or facsimile signature of the Town Secretary of the Issuer, and
has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond.
(signature)(signature)
Town Secretary Mayor
(SEAL)
(b) Form of Paying Agent/Registrar's Authentication Certificate.
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Bond is not accompanied by an executed Registration
Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Bond has been issued under the provisions of the Bond
Ordinance described in the text of this Bond; and that this Bond has been issued in conversion or
replacement of, or in exchange for, a Bond, Bonds, or a portion of a Bond or Bonds of a series that
originally was approved by the Attorney General of the State of Texas and registered by the
Comptroller of Public Accounts of the State of Texas.
Dated: __________________.U.S. Bank National Association
Dallas, Texas
Paying Agent/Registrar
By:______________________________
Authorized Representative
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(c) Form of Assignment.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
Please insert Social Security or Taxpayer Identification Number of Transferee:
Please print or typewrite name and address, including zip code of Transferee:
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
, attorney, to register the transfer of the
within Bond on the books kept for registration thereof, with full power of substitution in the
premises.
Dated: __________________.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by
an eligible guarantor institution participating in
a securities transfer association recognized
signature guarantee program.
NOTICE: The signature above must correspond
with the name of the Registered Owner as it
appears upon the front of this Bond in every
particular, without alteration or enlargement or
any change whatsoever.
(d) Form of Registration Certificate of the Comptroller of Public Accounts.
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. _____________
I hereby certify that this Bond has been examined, certified as to validity and approved by
the Attorney General of the State of Texas, and that this Bond has been registered by the
Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this __________________.
__________________________________________
Comptroller of Public Accounts of the State of Texas
(COMPTROLLER'S SEAL)
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(e) Initial Bond Insertions.
(i) The initial Bond shall be in the form set forth is paragraph (a) of this Section,
except that:
A. immediately under the name of the Bond, the headings "Interest Rate" and
"Maturity Date" shall both be completed with the words "As shown below" and
"CUSIP No. _____" shall be deleted.
B. the first paragraph shall be deleted and the following will be inserted:
"THE TOWN OF PROSPER, TEXAS, in Collin and Denton Counties, Texas (the "Issuer"),
being a political subdivision and municipal corporation of the State of Texas, hereby promises to
pay to the Registered Owner specified above, or registered assigns (hereinafter called the
"Registered Owner"), on February 15 in each of the years, in the principal installments and bearing
interest at the per annum rates set forth in the following schedule:
Years
Principal
Installments
Interest Rates
(Information from Section 2 to be inserted)
The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis
of a 360-day year of twelve 30-day months) from June 15, 2012 at the respective Interest Rate per
annum specified above. Interest is payable on February 15, 2013, and semiannually on each August
15 and February 15 thereafter to the date of payment of the principal installment specified above or
the date of redemption prior to maturity; except, that if this Bond is required to be authenticated and
the date of its authentication is later than the first Record Date (hereinafter defined), such Principal
Amount shall bear interest from the interest payment date next preceding the date of authentication,
unless such date of authentication is after any Record Date but on or before the next following
interest payment date, in which case such principal amount shall bear interest from such next
following interest payment date; provided, however, that if on the date of authentication hereof the
interest on the Bond or Bonds, if any, for which this Bond is being exchanged is due but has not
been paid, then this Bond shall bear interest from the date to which such interest has been paid in
full."
C. The Initial Bond shall be numbered "T-1."
Section 5. INTEREST AND SINKING FUND.
(a) A special "Interest and Sinking Fund" is hereby created and shall be established and
maintained by the Issuer at an official depository bank of said Issuer. Said Interest and Sinking
Fund shall be kept separate and apart from all other funds and accounts of said Issuer, and shall be
used only for paying the interest on and principal of said Bonds. All amounts received from the sale
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of the Bonds as accrued interest shall be deposited upon receipt to the Interest and Sinking Fund,
and all ad valorem taxes levied and collected for and on account of said Bonds shall be deposited,
as collected, to the credit of said Interest and Sinking Fund. During each year while any of said
Bonds are outstanding and unpaid, the governing body of said Issuer shall compute and ascertain
a rate and amount of ad valorem tax that will be sufficient to raise and produce the money required
to pay the interest on said Bonds as such interest comes due, and to provide and maintain a sinking
fund adequate to pay the principal of said Bonds as such principal matures (but never less than 2%
of the original amount of said Bonds as a sinking fund each year); and said tax shall be based on the
latest approved tax rolls of said Issuer, with full allowances being made for tax delinquencies and
the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby
ordered to be levied, against all taxable property in said Issuer, for each year while any of said
Bonds are outstanding and unpaid, and said tax shall be assessed and collected each such year and
deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient
to provide for the payment of the interest on and principal of said Bonds, as such interest comes due
and such principal matures, are hereby pledged for such payment, within the limit prescribed by law.
Notwithstanding the requirements of this subsection, if lawfully available moneys of the Issuer are
actually on deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes
are scheduled to be levied for any year, then the amount of taxes that otherwise would have been
required to be levied pursuant to this Section may be reduced to the extent and by the amount of the
lawfully available funds then on deposit in the Interest and Sinking Fund.
(b) Chapter 1208, Government Code, applies to the issuance of the Bonds and the pledge
of the taxes granted by the Issuer under this Section, and is therefore valid, effective, and perfected.
Should Texas law be amended at any time while the Bonds are outstanding and unpaid, the result
of such amendment being that the pledge of the taxes granted by the Issuer under this Section is to
be subject to the filing requirements of Chapter 9, Business & Commerce Code, in order to preserve
to the registered owners of the Bonds a security interest in said pledge, the Issuer agrees to take such
measures as it determines are reasonable and necessary under Texas law to comply with the
applicable provisions of Chapter 9, Business & Commerce Code and enable a filing of a security
interest in said pledge to occur.
Section 6. DEFEASANCE OF BONDS.
(a) Any Bond and the interest thereon shall be deemed to be paid, retired and no longer
outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the extent
provided in subsection (d) of this Section, when payment of the principal of such Bond, plus interest
thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall
have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been
provided for on or before such due date by irrevocably depositing with or making available to the
Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future
Escrow Agreement") for such payment (1) lawful money of the United States of America sufficient
to make such payment or (2) Defeasance Securities that mature as to principal and interest in such
amounts and at such times as will insure the availability, without reinvestment, of sufficient money
to provide for such payment, and when proper arrangements have been made by the Issuer with the
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Paying Agent/Registrar for the payment of its services until all Defeased Bonds shall have become
due and payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as
aforesaid, such Bond and the interest thereon shall no longer be secured by, payable from, or entitled
to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and
such principal and interest shall be payable solely from such money or Defeasance Securities.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction
of the Issuer be invested in Defeasance Securities, maturing in the amounts and times as
hereinbefore set forth, and all income from such Defeasance Securities received by the Paying
Agent/Registrar that is not required for the payment of the Bonds and interest thereon, with respect
to which such money has been so deposited, shall be turned over to the Issuer, or deposited as
directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money
and/or Defeasance Securities are held for the payment of Defeased Bonds may contain provisions
permitting the investment or reinvestment of such moneys in Defeasance Securities or the
substitution of other Defeasance Securities upon the satisfaction of the requirements specified in
Subsection (a)(i) or (ii) of this Section. All income from such Defeasance Securities received by
the Paying Agent/Registrar which is not required for the payment of the Defeased Bonds, with
respect to which such money has been so deposited, shall be remitted to the Issuer or deposited as
directed in writing by the Issuer.
(c) The term "Defeasance Securities" means any securities and obligations now or hereafter
authorized by State law that are eligible to refund, retire or otherwise discharge obligations such as
the Bonds.
(d) Until all Defeased Bonds shall have become due and payable, the Paying
Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bonds the
same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and
pay for such services as required by this Ordinance.
(e) In the event that the Issuer elects to defease less than all of the principal amount of Bonds
of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount of Bonds
by such random method as it deems fair and appropriate.
Section 7. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS.
(a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost,
stolen or destroyed, the Paying Agent/Registrar shall cause to be printed, executed and delivered,
a new Bond of the same principal amount, maturity and interest rate, as the damaged, mutilated, lost,
stolen or destroyed Bond, in replacement for such Bond in the manner hereinafter provided.
(b) Application for Replacement Bonds. Application for replacement of damaged,
mutilated, lost, stolen or destroyed Bonds shall be made by the registered owner thereof to the
Paying Agent/Registrar. In every case of loss, theft or destruction of a Bond, the registered owner
applying for a replacement Bond shall furnish to the Issuer and to the Paying Agent/Registrar such
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security or indemnity as may be required by them to save each of them harmless from any loss or
damage with respect thereto. Also, in every case of loss, theft or destruction of a Bond, the
registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their
satisfaction of the loss, theft or destruction of such Bond, as the case may be. In every case of
damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar
for cancellation the Bond so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the
event any such Bond shall have matured, and no default has occurred that is then continuing in the
payment of the principal of, redemption premium, if any, or interest on the Bond, the Issuer may
authorize the payment of the same (without surrender thereof except in the case of a damaged or
mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished
as above provided in this Section.
(d) Charge for Issuing Replacement Bonds. Prior to the issuance of any replacement Bond,
the Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing,
and other expenses in connection therewith. Every replacement Bond issued pursuant to the
provisions of this Section by virtue of the fact that any Bond is lost, stolen or destroyed shall
constitute a contractual obligation of the Issuer whether or not the lost, stolen or destroyed Bond
shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of
this Ordinance equally and proportionately with any and all other Bonds duly issued under this
Ordinance.
(e) Authority for Issuing Replacement Bonds. In accordance with Sec. 1206.022,
Government Code, this Section 7 of this Ordinance shall constitute authority for the issuance of any
such replacement Bond without necessity of further action by the governing body of the Issuer or
any other body or person, and the duty of the replacement of such Bonds is hereby authorized and
imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and
deliver such Bonds in the form and manner and with the effect, as provided in Section 3(a) of this
Ordinance for Bonds issued in conversion and exchange for other Bonds.
Section 8. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND
COUNSEL'S OPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE PROVISION,
IF OBTAINED; ENGAGEMENT OF BOND COUNSEL.
(a) The Mayor of the Issuer is hereby authorized to have control of the Bonds initially issued
and delivered hereunder and all necessary records and proceedings pertaining to the Bonds pending
their delivery and their investigation, examination, and approval by the Attorney General of the State
of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon
registration of the Bonds said Comptroller of Public Accounts (or a deputy designated in writing to
act for said Comptroller) shall manually sign the Comptroller's Registration Certificate attached to
such Bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such
Bond. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers
may, at the option of the Issuer, be printed on the Bonds issued and delivered under this Ordinance,
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but neither shall have any legal effect, and shall be solely for the convenience and information of
the registered owners of the Bonds. In addition, if the Bonds are sold as insured obligations, the
Bonds may bear an appropriate legend as provided by the insurer.
(b) The obligation of the initial purchaser to accept delivery of the Bonds is subject to the
initial purchaser being furnished with the final, approving opinion of McCall, Parkhurst & Horton
L.L.P., bond counsel to the Issuer, which opinion shall be dated as of and delivered on the date of
initial delivery of the Bonds to the initial purchaser. The engagement of such firm as bond counsel
to the Issuer in connection with issuance, sale and delivery of the Bonds is hereby approved and
confirmed. The execution and delivery of an engagement letter between the Issuer and such firm,
with respect to such services as bond counsel, is hereby authorized in such form as may be approved
by the Mayor, and the Mayor is hereby authorized to execute such engagement letter.
Section 9. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE
BONDS.
(a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain from
any action that would adversely affect, the treatment of the Bonds as obligations described in section
103 of the Code, the interest on which is not includable in the "gross income" of the holder for
purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows:
(1) to take any action to assure that no more than 10 percent of the proceeds of the
Bonds (less amounts deposited to a reserve fund, if any) are used for any "private business
use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds
or the projects financed by the Bonds or the Refunded Obligations (the "Project") are so
used, such amounts, whether or not received by the Issuer, with respect to such private
business use, do not, under the terms of this Ordinance or any underlying arrangement,
directly or indirectly, secure or provide for the payment of more than 10 percent of the debt
service on the Bonds, in contravention of section 141(b)(2) of the Code;
(2) to take any action to assure that in the event that the "private business use"
described in subsection (1) hereof exceeds 5 percent of the proceeds of the Bonds or the
projects financed therewith (less amounts deposited into a reserve fund, if any) then the
amount in excess of 5 percent is used for a "private business use" that is "related" and not
"disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental
use;
(3) to take any action to assure that no amount that is greater than the lesser of
$5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve
fund, if any) is directly or indirectly used to finance loans to persons, other than state or local
governmental units, in contravention of section 141(c) of the Code;
(4) to refrain from taking any action that would otherwise result in the Bonds being
treated as "private activity bonds" within the meaning of section 141(b) of the Code;
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(5) to refrain from taking any action that would result in the Bonds being "federally
guaranteed" within the meaning of section 149(b) of the Code;
(6) to refrain from using any portion of the proceeds of the Bonds, directly or
indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire
investment property (as defined in section 148(b)(2) of the Code) that produces a materially
higher yield over the term of the Bonds, other than investment property acquired with –
(A) proceeds of the Bonds invested for a reasonable temporary period until
such proceeds are needed for the purpose for which the bonds are issued,
(B) amounts invested in a bona fide debt service fund, within the meaning
of section 1.148-1(b) of the Treasury Regulations, and
(C) amounts deposited in any reasonably required reserve or replacement
fund to the extent such amounts do not exceed 10 percent of the proceeds of the
Bonds;
(7) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as
proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene
the requirements of section 148 of the Code (relating to arbitrage) and, to the extent
applicable, section 149(d) of the Code (relating to advance refundings); and
(8) to pay to the United States of America at least once during each five-year period
(beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent
of the "Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the
United States of America, not later than 60 days after the Bonds have been paid in full, 100
percent of the amount then required to be paid as a result of Excess Earnings under section
148(f) of the Code.
(b) Rebate Fund. In order to facilitate compliance with the above covenant (a)(8), a "Rebate
Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and
such Fund shall not be subject to the claim of any other person, including without limitation the
Bondholders. The Rebate Fund is established for the additional purpose of compliance with section
148 of the Code.
(c) Use of Proceeds. For purposes of the foregoing covenants (a)(1) and (a)(2), the Issuer
understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury
Regulations and, in the case of the Bonds, transferred proceeds (if any) and proceeds of the
Refunded Obligations expended prior to the date of issuance of the Bonds. It is the understanding
of the Issuer that the covenants contained herein are intended to assure compliance with the Code
and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto.
In the event that regulations or rulings are hereafter promulgated that modify or expand provisions
of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant
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contained herein to the extent that such failure to comply, in the opinion of nationally recognized
bond counsel, will not adversely affect the exemption from federal income taxation of interest on
the Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter
promulgated that impose additional requirements applicable to the Bonds, the Issuer agrees to
comply with the additional requirements to the extent necessary, in the opinion of nationally
recognized bond counsel, to preserve the exemption from federal income taxation of interest on the
Bonds under section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes
and directs the Mayor or the Finance Director to execute any documents, certificates or reports
required by the Code and to make such elections, on behalf of the Issuer, that may be permitted by
the Code as are consistent with the purpose for the issuance of the Bonds.
(d) Disposition of Projects. The Issuer covenants that the Projects will not be sold or
otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other
compensation, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such
sale or other disposition will not adversely affect the tax-exempt status of the Bonds. For purposes
of the foregoing, the portion of the property comprising personal property and disposed in the
ordinary course shall not be treated as a transaction resulting in the receipt of cash or other
compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant
if it obtains a legal opinion that such failure to comply will not adversely affect the excludability for
federal income tax proposes from gross income of the interest.
Section 10. SALE OF BONDS AND APPROVAL OF OFFICIAL STATEMENT;
APPLICATION OF PROCEEDS AND ACCRUED INTEREST; FURTHER PROCEDURES.
(a) The Bonds are hereby sold and shall be delivered to ______________ (the
"Underwriter") for the purchase price of $_____________ (representing the par amount of the Bonds
of $___________, plus a net original issue premium of $__________ and less an Underwriters'
discount on the Bonds of $_________) plus accrued interest (accrued interest to be deposited into
the Interest and Sinking Fund) thereon to date of delivery pursuant to the terms and provisions of
a Purchase Agreement with the Underwriter. It is hereby officially found, determined, and declared
that the Bonds have been sold pursuant to the terms and provisions of a Purchase Agreement in
substantially the form presented at this meeting, which the Mayor of the Issuer is hereby authorized
and directed to execute. It is hereby officially found, determined, and declared that the terms of this
sale are the most advantageous reasonably obtainable. The Initial Bond shall be registered in the
name of __________________ or its designee.
(b) The Issuer hereby approves the form and content of the Official Statement relating to
the Bonds and any addenda, supplement or amendment thereto, and approves the distribution of such
Official Statement in the reoffering of the Bonds by the Underwriters in final form, with such
changes therein or additions thereto as the officer executing the same may deem advisable, such
determination to be conclusively evidenced by his execution thereof. The distribution and use of
the Preliminary Official Statement posted and disseminated, prior to the date hereof, which is dated
June __, 2012, is hereby ratified and confirmed.
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(c) The accrued interest received from the sale of the Bonds in the amount of $_________
and excess proceeds from the sale of the Bonds in the amount of _________ shall be deposited to
the Interest and Sinking Fund. Proceeds of the sale of the Bonds (i) in the amount of $________
shall be deposited to the construction fund of the Issuer to be used for the construction of the project
financed with the Bonds (the "Project") and (ii) in the amount of $________ shall be applied to pay
the costs of issuance of the Bonds.
(d) The Mayor, Town Manager and Town Secretary and all other officers, employees and
agents of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered
and directed from time to time and at any time to do and perform all such acts and things and to
execute, acknowledge and deliver in the name and on behalf of the Issuer a Paying Agent/Registrar
Agreement with the Paying Agent/Registrar and all other instruments, whether or not herein
mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this
Ordinance, the Bonds, the sale of the Bonds and the Official Statement. In case any officer whose
signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond,
such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer
had remained in office until such delivery.
Section 11. DEFAULT AND REMEDIES
(a) Events of Default. Each of the following occurrences or events for the purpose of this
Ordinance is hereby declared to be an Event of Default:
(i) the failure to make payment of the principal of or interest on any of the Bonds
when the same becomes due and payable; or
(ii) default in the performance or observance of any other covenant, agreement or
obligation of the Issuer, the failure to perform which materially, adversely affects the rights
of the registered owners of the Bonds, including, but not limited to, their prospect or ability
to be repaid in accordance with this Ordinance, and the continuation thereof for a period of
60 days after notice of such default is given by any Registered Owner to the Issuer.
(b) Remedies for Default.
(i) Upon the happening of any Event of Default, then and in every case, any
Registered Owner or an authorized representative thereof, including, but not limited to, a
trustee or trustees therefor, may proceed against the Issuer for the purpose of protecting and
enforcing the rights of the Registered Owners under this Ordinance, by mandamus or other
suit, action or special proceeding in equity or at law, in any court of competent jurisdiction,
for any relief permitted by law, including the specific performance of any covenant or
agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or
in violation of any right of the Registered Owners hereunder or any combination of such
remedies.
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(ii) It is provided that all such proceedings shall be instituted and maintained for the
equal benefit of all Registered Owners of Bonds then outstanding.
(c) Remedies Not Exclusive.
(i) No remedy herein conferred or reserved is intended to be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and shall
be in addition to every other remedy given hereunder or under the Bonds or now or hereafter
existing at law or in equity; provided, however, that notwithstanding any other provision of
this Ordinance, the right to accelerate the debt evidenced by the Bonds shall not be available
as a remedy under this Ordinance.
(ii) The exercise of any remedy herein conferred or reserved shall not be deemed a
waiver of any other available remedy.
(iii) By accepting the delivery of a Bond authorized under this Ordinance, such
Registered Owner agrees that the certifications required to effectuate any covenants or
representations contained in this Ordinance do not and shall never constitute or give rise to
a personal or pecuniary liability or charge against the officers, employees or councilmembers
of the Issuer.
Section 12. COMPLIANCE WITH RULE 15c2-12.
(a) Annual Reports. (i) The Issuer shall provide annually to the MSRB, within six months
after the end of each fiscal year ending in or after 2012, financial information and operating data
with respect to the Issuer of the general type included in the final Official Statement authorized by
this Ordinance, being the information described in Exhibit A hereto. Any financial statements so
to be provided shall be (1) prepared in accordance with the accounting principles described in
Exhibit A hereto, or such other accounting principles as the Issuer may be required to employ from
time to time pursuant to state law or regulation, and (2) audited, if the Issuer commissions an audit
of such statements and the audit is completed within the period during which they must be provided.
If the audit of such financial statements is not complete within such period, then the Issuer shall
provide unaudited financial information by the required time and will provide audited financial
statements for the applicable fiscal year to the MSRB, when and if the audit report on such
statements become available. Such information shall be transmitted electronically to the MSRB,
in such format and accompanied by such identifying information as prescribed by the MSRB.
(ii) If the Issuer changes its fiscal year, it will notify the MSRB of the change (and of the
date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be
required to provide financial information and operating data pursuant to this Section. The financial
information and operating data to be provided pursuant to this Section may be set forth in full in one
or more documents or may be included by specific reference to any document (including an official
statement or other offering document, if it is available from the MSRB) that theretofore has been
provided to the MSRB or filed with the SEC.
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(b) Event Notices.
(i) The Issuer shall notify the MSRB in an electronic format as prescribed by the
MSRB, in a timely manner (but not in excess of ten business days after the occurrence of the
event) of any of the following events with respect to the Bonds, if such event is material
within the meaning of the federal securities laws:
1. Non-payment related defaults;
2. Modifications to rights of Bondholders;
3. Bond calls;
4. Release, substitution, or sale of property securing repayment of the
Bonds;
5. The consummation of a merger, consolidation, or acquisition
involving an obligated person or the sale of all or substantially all of
the assets of the obligated person, other than in the ordinary course
of business, the entry into a definitive agreement to undertake such
an action or the termination of a definitive agreement relating to any
such actions, other than pursuant to its terms;
6. Appointment of a successor or additional trustee or the change of
name of a trustee.
(ii) The Issuer shall notify the MSRB in an electronic format as prescribed by the
MSRB, in a timely manner (but not in excess of ten business days after the occurrence of the
event) of any of the following events with respect to the Bonds, without regard to whether
such event is considered material within the meaning of the federal securities laws:
1. Principal and interest payment delinquencies;
2. Unscheduled draws on debt service reserves reflecting financial
difficulties;
4. Unscheduled draws on credit enhancements reflecting financial
difficulties;
5. Substitution of credit or liquidity providers, or their failure to
perform;
6. Adverse tax opinions or the issuance by the Internal Revenue Service
of proposed or final determinations of taxability, Notices of Proposed
Issue (IRS Form 5701–TEB) or other material notices or
determinations with respect to the tax status of the Bonds, or other
events affecting the tax status of the Bonds;
7. tender offers;
8. Defeasances;
9. Rating changes;
10. Bankruptcy, insolvency, receivership or similar event of an obligated
person (which is considered to occur when any of the following
occur: the appointment of a receiver, fiscal agent, or similar officer
for the Issuer in a proceeding under the United States Bankruptcy
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Code or in any other proceeding under state or federal law in which
a court or governmental authority has assumed jurisdiction over
substantially all of the assets or business of the Issuer, or if such
jurisdiction has been assumed by leaving the existing governing body
and officials or officers in possession but subject to the supervision
and orders of a court or governmental authority, or the entry of an
order confirming a plan of reorganization, arrangement, or liquidation
by a court or governmental authority having supervision or
jurisdiction over substantially all of the assets or business of the
Issuer).
The Issuer shall notify the MSRB, in a timely manner, of any failure by the Issuer to provide
financial information or operating data in accordance with subsection (a) of this Section by the time
required by such subsection.
(c) Limitations, Disclaimers, and Amendments. (i) The Issuer shall be obligated to observe
and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer
remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that
the Issuer in any event will give the notice required by Subsection (b) hereof of any Bond calls and
defeasance that cause the Issuer to no longer be such an "obligated person".
(ii) The provisions of this Section are for the sole benefit of the registered owners and
beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any
benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer
undertakes to provide only the financial information, operating data, financial statements, and
notices which it has expressly agreed to provide pursuant to this Section and does not hereby
undertake to provide any other information that may be relevant or material to a complete
presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update
any information provided in accordance with this Section or otherwise, except as expressly provided
herein. The Issuer does not make any representation or warranty concerning such information or
its usefulness to a decision to invest in or sell Bonds at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE
REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER
PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART
FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON
ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND
REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF
ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR
SPECIFIC PERFORMANCE.
(iv) No default by the Issuer in observing or performing its obligations under this Section
shall comprise a breach of or default under the Ordinance for purposes of any other provision of this
Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the Issuer under federal and state securities laws.
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(v) The provisions of this Section may be amended by the Issuer from time to time to adapt
to changed circumstances that arise from a change in legal requirements, a change in law, or a
change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions
of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in
the primary offering of the Bonds in compliance with the Rule, taking into account any amendments
or interpretations of the Rule since such offering as well as such changed circumstances and
(2) either (a) the registered owners of a majority in aggregate principal amount (or any greater
amount required by any other provision of this Ordinance that authorizes such an amendment) of
the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the Issuer
(such as nationally recognized bond counsel) determined that such amendment will not materially
impair the interest of the registered owners and beneficial owners of the Bonds. If the Issuer so
amends the provisions of this Section, it shall include with any amended financial information or
operating data next provided in accordance with subsection (a) of this Section an explanation, in
narrative form, of the reason for the amendment and of the impact of any change in the type of
financial information or operating data so provided. The Issuer may also amend or repeal the
provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable
provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule
are invalid, but only if and to the extent that the provisions of this sentence would not prevent an
underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds.
(d) Definitions. As used in this Section, the following terms have the meanings ascribed to
such terms below:
"MSRB" means the Municipal Securities Rulemaking Board or any successor to its functions
under the Rule.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
Section 13. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend
this Ordinance subject to the following terms and conditions, to-wit:
(a) The Issuer may from time to time, without the consent of any holder, except as otherwise
required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure any
ambiguity, defect or omission in this Ordinance that does not materially adversely affect the interests
of the holders, (ii) grant additional rights or security for the benefit of the holders, (iii) add events
of default as shall not be inconsistent with the provisions of this Ordinance and that shall not
materially adversely affect the interests of the holders, (iv) qualify this Ordinance under the Trust
Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time
in effect, or (v) make such other provisions in regard to matters or questions arising under this
Ordinance as shall not be inconsistent with the provisions of this Ordinance and that shall not in the
opinion of the Issuer's Bond Counsel materially adversely affect the interests of the holders.
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(b) Except as provided in paragraph (a) above, the holders of Bonds aggregating in principal
amount 51% of the aggregate principal amount of then outstanding Bonds that are the subject of a
proposed amendment shall have the right from time to time to approve any amendment hereto that
may be deemed necessary or desirable by the Issuer; provided, however, that without the consent
of 100% of the holders in aggregate principal amount of the then outstanding Bonds, nothing herein
contained shall permit or be construed to permit amendment of the terms and conditions of this
Ordinance or in any of the Bonds so as to:
(1) Make any change in the maturity of any of the outstanding Bonds;
(2) Reduce the rate of interest borne by any of the outstanding Bonds;
(3) Reduce the amount of the principal of, or redemption premium, if any, payable
on any outstanding Bonds;
(4) Modify the terms of payment of principal or of interest or redemption premium
on outstanding Bonds or any of them or impose any condition with respect to such
payment; or
(5) Change the minimum percentage of the principal amount of any series of Bonds
necessary for consent to such amendment.
(c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the
Issuer shall send by U.S. mail to each registered owner of the affected Bonds a copy of the proposed
amendment and cause notice of the proposed amendment to be published at least once in a financial
publication published in The City of New York, New York or in the State of Texas. Such published
notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof
is on file at the office of the Issuer for inspection by all holders of such Bonds.
(d) Whenever at any time within one year from the date of publication of such notice the
Issuer shall receive an instrument or instruments executed by the holders of at least 51% in
aggregate principal amount of all of the Bonds then outstanding that are required for the amendment,
which instrument or instruments shall refer to the proposed amendment and that shall specifically
consent to and approve such amendment, the Issuer may adopt the amendment in substantially the
same form.
(e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this
Section, this Ordinance shall be deemed to be modified and amended in accordance with such
amendatory Ordinance, and the respective rights, duties, and obligations of the Issuer and all holders
of such affected Bonds shall thereafter be determined, exercised, and enforced, subject in all respects
to such amendment.
(f) Any consent given by the holder of a Bond pursuant to the provisions of this Section
shall be irrevocable for a period of six months from the date of the publication of the notice provided
for in this Section, and shall be conclusive and binding upon all future holders of the same Bond
27
during such period. Such consent may be revoked at any time after six months from the date of the
publication of said notice by the holder who gave such consent, or by a successor in title, by filing
notice with the Issuer, but such revocation shall not be effective if the holders of 51% in aggregate
principal amount of the affected Bonds then outstanding, have, prior to the attempted revocation,
consented to and approved the amendment.
For the purposes of establishing ownership of the Bonds, the Issuer shall rely solely upon
the registration of the ownership of such Bonds on the registration books kept by the Paying
Agent/Registrar.
Section 14. SEVERABILITY. If any section, article, paragraph, sentence, clause, phrase
or word in this Ordinance, or application thereof to any persons or circumstances is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the
remaining portion of this Ordinance, despite such invalidity, which remaining portions shall remain
in full force and effect.
Section 15. DESIGNATION AS QUALIFIED TAX-EXEMPT OBLIGATIONS. The
Issuer hereby designates the Bonds as "qualified tax-exempt obligations" as defined in section
265(b)(3) of the Code, conditioned upon the Underwriters (as defined below) certifying that the
aggregate initial offering price of the Bonds to the public (excluding any accrued interest) is no
greater than $10 million (or such higher amount permitted by such section 265 of the Code).
Assuming such condition is met, in furtherance of such designation, the Issuer represents, covenants
and warrants the following: (a) that during the calendar year in which the Bonds are issued, the
Issuer (including any subordinate entities) has not designated nor will designate bonds or other
obligations, which when aggregated with the Bonds, will result in more than $10,000,000 (or such
higher amount permitted by such section 265 of the Code) of "qualified tax-exempt obligations"
being issued; (b) that the Issuer reasonably anticipates that the amount of tax-exempt obligations
issued during the calendar year in which the Bonds are issued, by the Issuer (or any subordinate
entities) will not exceed $10,000,000 (or such higher amount permitted by such section 265 of the
Code); and, (c) that the Issuer will take such action or refrain from such action as necessary, and as
more particularly set forth in this Section, in order that the Bonds will not be considered "private
activity bonds" within the meaning of section 141 of the Code.
Section 16. EFFECTIVE DATE. In accordance with the provisions of V.T.C.A.,
Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its
adoption by the Town Council.
Section 17. APPROPRIATION. There is hereby appropriated for transfer into the Interest
and Sinking Fund, from available funds of the Issuer, moneys sufficient to pay the interest coming
due on the Bonds on ____________.
Section 18. WRITTEN PROCEDURES FOR FEDERAL TAX LAW COMPLIANCE.
Unless superseded by another action of the Issuer, to ensure compliance with the covenants
contained herein regarding private business use, remedial actions, arbitrage and rebate, the Issuer
hereby adopts and establishes the instructions attached hereto as Exhibit B as its written procedures
for federal tax law compliance.
A-1
EXHIBIT A
Annual Financial Statements and Operating Data
The following information is referred to in Section 12(b) of this Ordinance:
Annual Financial Statements and Operating Data
The financial information and operating data with respect to the Issuer to be provided annually in
accordance with such Section are as specified (and included in the Appendices of the Official
Statement referred to) below:
The quantitative financial information and operating data pertaining to the Issuer of the general type
included Tables numbered 1 through 5 and 7 through 14 and in Appendix B of the Official
Statement.
The financial statements of the Issuer that will be provided will be unaudited, unless an audit is
performed, in which event the audited financial statements will be made available.
Accounting Principles
The accounting principles referred to in such Section are the accounting principles described in the
notes to the financial statements that are attached to the Official Statement as Exhibit B, or such
other accounting principles as the Issuer may be required to employ from time to time pursuant to
state law or regulation.
--------------------
B-1
EXHIBIT B
WRITTEN PROCEDURES
RELATING TO CONTINUING COMPLIANCE
WITH FEDERAL TAX COVENANTS
These procedures, together with any federal tax certifications, provisions included in the authorizing
document (the "Bond Ordinance") with respect to the issuance and sale of Obligations (as defined
below), letters of instructions and/or memoranda from bond counsel and any attachments thereto
(the "Closing Documents"), are intended to assist the Issuer in complying with federal guidelines
related to the issuance of any tax-exempt debt such as the Bonds (the "Obligations").
A. Arbitrage Compliance. Federal income tax laws generally restrict the ability to earn
arbitrage in connection with the Obligations. The Responsible Person (as defined below) will
review the Closing Documents periodically (at least once a year) to ascertain if an exception to
arbitrage compliance applies.
Procedures applicable to Obligations issued for construction and acquisition purposes. With
respect to the investment and expenditure of the proceeds of the Obligations that are issued to
finance public improvements or to acquire land or personal property, the Issuer's Town Manager
(such officer, together with other employees of the Issuer who report to such officer, is collectively,
the "Responsible Person") will:
1. Instruct the appropriate person who is primarily responsible for the construction,
renovation or acquisition of the facilities financed with the Obligations (the
"Project") that (i) binding contracts for the expenditure of at least 5% of the proceeds
of the Obligations are entered into within 6 months of the date of closing of the
Obligations (the "Issue Date") and that (ii) the Project must proceed with due
diligence;
2. Monitor that at least 85% of the proceeds of the Obligations to be used for the
construction, renovation or acquisition of the Project are expended within 3 years of
the Issue Date;
3. Monitor the yield on the investments purchased with proceeds of the Obligations and
restrict the yield of such investments to the yield on the Obligations after 3 years of
the Issue Date;
4. Monitor all amounts deposited into a sinking fund or funds pledged (directly or
indirectly) to the payment of the Obligations, such as the Interest and Sinking Fund,
to assure that the maximum amount invested within such applicable fund at a yield
higher than the yield on the Obligations does not exceed an amount equal to the debt
service on the Obligations in the succeeding 12 month period plus a carryover
amount equal to one-twelfth of the principal and interest payable on the Obligations
for the immediately preceding 12-month period; and
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5. Ensure that no more than 50% of the proceeds of the Obligations are invested in an
investment with a guaranteed yield for 4 years or more.
Procedures applicable to Obligations with a debt service reserve fund. In addition to the
foregoing, if the Issuer issues Obligations that are secured by a debt service reserve fund, the
Responsible Person will assure that the maximum amount of any reserve fund for the Obligations
invested at a yield higher than the yield on the Obligations will not exceed the lesser of (1) 10% of
the principal amount of the Obligations, (2) 125% of the average annual debt service on the
Obligations measured as of the Issue Date, or (3) 100% of the maximum annual debt service on the
Obligations as of the Issue Date.
Procedures applicable to Escrow Accounts for Refunding Issues. In addition to the
foregoing, if the Issuer issues Obligations and proceeds are deposited to an escrow fund to be
administered pursuant to the terms of an escrow agreement, the Responsible Person will:
1. Monitor the actions of the escrow agent to ensure compliance with the applicable
provisions of the escrow agreement, including with respect to reinvestment of cash
balances;
2. Contact the escrow agent on the date of redemption of obligations being refunded to
ensure that they were redeemed; and
3. Monitor any unspent proceeds of the refunded obligations to ensure that the yield on
any investments applicable to such proceeds are invested at the yield on the
applicable obligations or otherwise applied (see Closing Documents).
Procedures applicable to all Tax-exempt Obligation Issues. For all issuances of Obligations,
the Responsible Person will:
1. Maintain any official action of the Issuer (such as a reimbursement resolution)
stating the Issuer's intent to reimburse with the proceeds of the Obligations any
amount expended prior to the Issue Date for the acquisition, renovation or
construction of the facilities;
2. Ensure that the applicable information return (e.g., IRS Form 8038-G, 8038-GC, or
any successor forms) is timely filed with the IRS; and
3. Assure that, unless excepted from rebate and yield restriction under section 148(f)
of the Code, excess investment earnings are computed and paid to the U.S.
government at such time and in such manner as directed by the IRS (i) at least every
5 years after the Issue Date and (ii) within 30 days after the date the Obligations are
retired.
B. Private Business Use. Generally, to be tax-exempt, only an insignificant amount of the
proceeds of each issue of Obligations can benefit (directly or indirectly) private businesses. The
Responsible Persons will review the Closing Documents periodically (at least once a year) for the
purpose of determining that the use of the facilities financed or refinanced with the proceeds of the
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Obligations (the "Project") do not violate provisions of federal tax law that pertain to private
business use. In addition, the Responsible Persons will:
1. Develop procedures or a "tracking system" to identify all property financed with
tax-exempt debt;
2. Monitor and record the date on which the Project is substantially complete and
available to be used for the purpose intended;
3. Monitor and record whether, at any time the Obligations are outstanding, any person,
other than the Issuer, the employees of the Issuer, the agents of the Issuer or
members of the general public has any contractual right (such as a lease, purchase,
management or other service agreement) with respect to any portion of the facilities;
4. Monitor and record whether, at any time the Obligations are outstanding, any person,
other than the Issuer, the employees of the Issuer, the agents of the Issuer or
members of the general public has a right to use the output of the facilities (e.g.,
water, gas, electricity);
5. Monitor and record whether, at any time the Obligations are outstanding, any person,
other than the Issuer, the employees of the Issuer, the agents of the Issuer or
members of the general public has a right to use the facilities to conduct or to direct
the conduct of research;
6. Monitor and record whether, at any time the Obligations are outstanding, any person,
other than the Issuer, has a naming right for the facilities or any other contractual
right granting an intangible benefit;
7. Monitor and record whether, at any time the Obligations are outstanding, the
facilities are sold or otherwise disposed of; and
8. Take such action as is necessary to remediate any failure to maintain compliance
with the covenants contained in the Bond Ordinance related to the public use of the
Project.
C. Record Retention. The Responsible Person will maintain or cause to be maintained all
records relating to the investment and expenditure of the proceeds of the Obligations and the use of
the facilities financed or refinanced thereby for a period ending three (3) years after the complete
extinguishment of the Obligations. If any portion of the Obligations is refunded with the proceeds
of another series of tax-exempt Obligations, such records shall be maintained until the three (3)
years after the refunding Obligations are completely extinguished. Such records can be maintained
in paper or electronic format.
D. Responsible Persons. Each Responsible Person shall receive appropriate training regarding
the Issuer's accounting system, contract intake system, facilities management and other systems
necessary to track the investment and expenditure of the proceeds and the use of the Project financed
or refinanced with the proceeds of the Obligations. The foregoing notwithstanding, each
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Responsible Person shall report to the Board whenever experienced advisors and agents may be
necessary to carry out the purposes of these instructions for the purpose of seeking Board approval
to engage or utilize existing advisors and agents for such purposes.
LAW OFFICESMcCALL, PARKHURST & HORTON L.L.P.
600 CONGRESS AVENUE 717 NORTH HARWOOD 700 N. ST. MARY'S STREET
1250 ONE AMERICAN CENTER NINTH FLOOR 1525 ONE RIVERWALK PLACE
AUSTIN, TEXAS 78701-3248 DALLAS, TEXAS 75201-6587 SAN ANTONIO, TEXAS 78205-3503
TELEPHONE: 512 478-3805 TELEPHONE: 214 754-9200 TELEPHONE: 210 225-2800
FACSIMILE: 512 472-0871 FACSIMILE: 214 754-9250 FACSIMILE: 210 225-2984
June 26, 2012
Mayor and Members of the Town Council
Town of Prosper
Town Hall
Prosper, Texas 75078
Re: Proposed Town of Prosper, Texas General Obligation Bonds, Series 2012
and
Proposed Town of Prosper, Texas, Combination Tax and Revenue Certificates of Obligation,
Series 2012
Ladies and Gentlemen:
The purpose of this engagement letter is to set forth certain matters concerning the services
we will perform as bond counsel to the Town of Prosper, Texas (the "Issuer") in connection with
the issuance of the above-referenced bonds (the "Bonds") and certificates of obligation (the
"Certificates" and collectively with the Bonds, the "Obligations"). We understand that the
Obligations are being issued to fund costs of improvements to streets in the Town, constructing
improvements to the Town's water and sewer facilities and constructing storm drainage
improvements in the Town. We further understand that the Obligations will be authorized to be sold
by the Town Council of the Issuer (the "Town Council") pursuant to respective ordinances
(collectively, the "Ordinance") adopted on the date hereof (the "Sale Date"), and that the Obligations
will be sold by negotiated offering to one or more investment banking firms (collectively, the
"Underwriter") on the Sale Date.
A. THE FINANCING
As Bond Counsel to the Issuer, we would like for the Town Council to understand how the
issuance of the Obligations will be effected and the ramifications of the financing. I will briefly
describe the procedures and certain applicable law that pertains to the issuance of the Obligations,
below. However, you should feel free to call me at any time to discuss any questions that you or
your staff may have.
(1) The Obligations will be "ordered to be issued" when and if the Town Council approves the
Ordinance. The Ordinance provides for all terms of the Obligations. Among the matters
approved in the Ordinance are: (i) the terms of the Obligations, including the principal
amortization schedule and interest rates for the Obligations; (ii) the Issuer's commitment to
levy taxes each year in an amount sufficient to pay the debt service on the Obligations; (iii)
the sale of the Obligations to the Underwriter; (iv) approval of this engagement letter; (v)
approval of a paying agent agreement to whom you will make semiannual payments
sufficient to pay the debt service on the Obligations; and (vi) certain other covenants of the
Issuer that are designed to allow the Issuer to issue the Obligations as tax-exempt
obligations. As you can see from the foregoing description, the Ordinance is an omnibus
undertaking of the Issuer that is intended to provide for all actions and undertakings that are
required for the issuance of the Obligations. There will be other certificates and letters that
will be required to be executed by officers of the Issuer on the Sale Date, but they all spring
from, and are authorized by, the Ordinance.
(3) As noted above, the Obligations will be sold to the Underwriter in accordance with the
provisions of the Ordinance and, in addition, the Underwriter will want the Issuer to sign a
Bond Purchase Contract on the Sale Date that will set forth the terms of the sale of the
Obligations. We have reviewed the Contract, and you should know that while it is a fairly
routine form of document for this type of transaction, it does commit the Issuer to sell the
Obligations to the Underwriter at the price negotiated between the Issuer and the
Underwriter. In addition, it contains representations of the Issuer to the Underwriter to the
effect that the Issuer is authorized to issue the Obligations and that it has made full
disclosure to the Underwriter and the bond investors of all material information. As a
condition to the Underwriter's payment for the Obligations, the Underwriter will require this
firm to deliver our Bond Counsel opinion to them, in which we will opine that the
Obligations are valid obligations of the Issuer and that, assuming ongoing compliance by the
Issuer with the provisions of the Ordinance, the interest on the Obligations will be exempt
from federal income taxation. The Bond Purchase Contract will also require the delivery of
an opinion of the Texas Attorney General approving the Obligations, as is required by State
law. We will review the Issuer's representations and agreements in the Bond Purchase
Contract to ensure that it is appropriate for the Issuer to make the representations and
agreements of the nature contained in the Purchase Contract. However, if there are any
unusual financial or legal circumstances affecting the Issuer that would make the covenants,
representations or statements made by the Issuer in the Bond Purchase Contract untrue, you
should let the Underwriter, your financial advisor and/or the undersigned know about them
as soon as possible.
(4) The Underwriter of the Obligations will offer the Obligations into the public debt markets
prior to the time that the Town Council meets to accept the Underwriter's offer for the
Obligations. Through this process, the Obligations will be "priced" – i.e., interest rates and
premiums or discounts, if any, for the Obligations will be established. On the Sale Date, the
Town Council will consider the terms offered to the Issuer by the Underwriter based upon
the market conditions and other factors that determine interest rates and pricing information.
In connection with the offering of the Obligations, the Town Council will approve an
offering document called an "Official Statement" that contains financial and operating data
concerning the Issuer, and information that describes the Obligations. The Issuer is
responsible for the information that is contained in the Official Statement to the extent that
it describes the Obligations and the Issuer. As your Bond Counsel, we have reviewed the
Official Statement to ensure that the information describing the Obligations and the
Ordinance are correct. As Bond Counsel we do not review other areas of the Official
Statement. If you know of any information that an investor would consider to be material
in order to make an investment decision, and that information is omitted from, or incorrect
in, the Official Statement, the Underwriter needs to know, so that it can correct the Official
Statement.
B. SCOPE OF ENGAGEMENT
In this engagement, we have performed, or expect to perform, the following duties:
(1) Prepare election proceedings, and assist the District in submitting appropriate
election materials to the U.S. Justice Department, in accordance with the Federal
Voting Rights Act.
(2) Subject to the completion of proceedings to our satisfaction, render our legal opinion
(the "Bond Opinion"), regarding the validity and binding effect of the Obligations,
the source of payment and security for the Obligations, and the excludability of
interest on the Obligations from gross income for federal income tax purposes.
(3) Prepare and review documents necessary or appropriate to the authorization,
issuance and delivery of the Obligations, coordinate the authorization and execution
of such documents, and review enabling legislation.
(4) Assist the Issuer in seeking from other governmental authorities such approvals,
permissions and exemptions as we determine are necessary or appropriate in
connection with the authorization, issuance and delivery of the Obligations, except
that we will not be responsible for any required federal or state securities law filings.
In this connection, we particularly undertake to assist the Issuer in having the
Obligations approved by the Public Finance Division of the Office of the Texas
Attorney General, and, following such approval, registered by the Texas Comptroller
of Public Accounts.
(5) Review legal issues relating to the structure of each Obligation issue.
(6) Review those sections of the Official Statement to be disseminated in connection
with the sale of the Obligations which describe the Obligations, the Ordinance
pursuant to which they will be issued and the tax-exempt treatment of the interest on
the Obligations for purposes of federal income taxation.
(7) If requested, assist the Issuer in presenting information to bond rating organizations
and bond insurers relating to legal issues affecting the issuance of the Obligations.
(8) Draft the continuing disclosure undertaking of the Issuer.
Our Bond Opinion will be delivered by us on the date the Obligations are exchanged for their
purchase price (the "Closing"). The Issuer will be entitled to rely on our Bond Opinion.
The Bond Opinion will be based on facts and law existing as of its date. In rendering our
Bond Opinion, we will rely upon the certified proceedings and other certifications of public officials
and other persons furnished to us without undertaking to verify the same by independent
investigation, and we will assume continuing compliance by the Issuer with applicable laws relating
to the Obligations. During the course of this engagement, we will rely on you to provide us with
complete and timely information on all developments pertaining to any aspect of the Obligations and
their security. We understand that you will direct members of your staff and other employees of the
Issuer to cooperate with us in this regard.
Our duties in this engagement are limited to those expressly set forth above. Unless we are
separately engaged in writing to perform other services, our duties do not include any other services,
including the following:
(1) Except as described in sections A and B above, assisting in the preparation or review
of an official statement or any other disclosure document with respect to the
Obligations, assisting in the preparation of, or opining on, a continuing disclosure
undertaking pertaining to the Obligations or, after Closing, providing advice
concerning any actions necessary to assure compliance with any continuing
disclosure undertaking, or, in connection with the issuance of the Obligations,
performing an independent investigation to determine the accuracy, completeness or
sufficiency of any such document or rendering advice that the official statement or
other disclosure document does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements contained therein,
in light of the circumstances under which they were made, not misleading.
(2) Preparing requests for tax rulings from the Internal Revenue Service, or no action
letters from the Securities and Exchange Commission.
(3) Preparing state securities law memoranda or investment surveys with respect to the
Obligations.
(4) Drafting state constitutional or legislative amendments.
(5) Pursuing test cases or other litigation.
(6) Making an investigation or expressing any view as to the creditworthiness of the
Issuer or the Obligations.
(7) Representing the Issuer in Internal Revenue Service examinations or inquiries, or
Securities and Exchange Commission investigations.
(8) After Closing, providing continuing advice to the Issuer or any other party
concerning any actions necessary to assure that interest paid on the Obligations will
continue to be excludable from gross income for federal income tax purposes (e.g.,
our engagement does not include rebate calculations for the Obligations).
(9) Negotiating the terms of, or opining as to, any investment contract.
(10) Addressing any other matter not specifically set forth above that is not required to
render our Bond Opinion.
ATTORNEY-CLIENT RELATIONSHIP
Upon execution of this engagement letter, the Issuer will be our client and an attorney-client
relationship will exist between us. We further assume that all other parties in this transaction
understand that we represent only the Issuer in this transaction, we are not counsel to any other
party, and we are not acting as an intermediary among the parties. Our services as bond counsel are
limited to those contracted for in this letter; the Issuer's execution of this engagement letter will
constitute an acknowledgment of those limitations. Our representation of the Issuer will not affect,
however, our responsibility to render an objective Bond Opinion.
Our representation of the Issuer and the attorney-client relationship created by this
engagement letter will be concluded upon issuance of the Obligations. Nevertheless, subsequent to
Closing, we will mail the appropriate Internal Revenue Service Form 8038, prepare and distribute
to the participants in the transaction a transcript of the proceedings pertaining to the Obligations.
CONFLICTS
As you are aware, our firm represents many political subdivisions and investment banking
firms, among others, who do business with political subdivisions. It is possible that during the time
that we are representing the Issuer, one or more of our present or future clients will have transactions
with the Issuer. It is also possible that we may be asked to represent, in an unrelated matter, one or
more of the entities involved in the issuance of the Obligations, including the Issuer's financial
advisor. We do not believe such representation, if it occurs, will adversely affect our ability to
represent you as provided in this letter, either because such matters will be sufficiently different
from the issuance of the Obligations so as to make such representations not adverse to our
representation of you, or because the potential for such adversity is remote or minor and outweighed
by the consideration that it is unlikely that advice given to the other client will be relevant to any
aspect of the issuance of the Obligations. Execution of this letter will signify the Issuer's consent
to our representation of others consistent with the circumstances described in this paragraph.
FEES
Based upon: (i) the terms, structure, size and schedule of the financing represented by the
Obligations; (ii) the duties we will undertake pursuant to this engagement letter; (iii) the time we
anticipate devoting to the financing; and (iv) the responsibilities we will assume in connection
therewith, our fee will be $7,000 for the first $1,000,000 in net proceeds of each series of the
Obligations, plus $1 per $1,000 of net proceeds of each series of the Obligations for all such
amounts above $1,000,000. Net proceeds include any net original issue premium, less the amount
of the purchaser's discount, plus the principal amount of the Obligations (accrued interest is
excluded from net proceeds). The fee includes our services rendered as Bond Counsel, but does not
include client charges made or incurred on your behalf, such as travel costs, photocopying,
deliveries, long distance telephone charges, telecopier charges, computer-assisted research and other
expenses. Our fee will be billed after the Closing. If the financing is not consummated, we
understand and agree that we will not be paid. In accordance with the terms of the Ordinance, the
Issuer will provide the filing fee of the Texas Attorney General to Bond Counsel on a timely basis
to permit the filing of the transcript of proceedings for the Obligations so that the Obligations may
be approved by the Attorney General in time to meet the closing date set forth in the Official
Statement.
RECORDS
At your request, papers and property furnished by you will be returned promptly upon receipt
of payment for outstanding fees and client charges. Our own files, including lawyer work product,
pertaining to the transaction will be retained by us. For various reasons, including the minimization
of unnecessary storage expenses, we reserve the right to dispose of any documents or other materials
retained by us after the termination of this engagement.
If the foregoing terms are acceptable to you, please so indicate by returning the enclosed
copy of this engagement letter dated and signed by an authorized officer, retaining the original for
your files. We look forward to working with you.
Respectfully yours,
Accepted and Approved
Town of Prosper, Texas
By:
Its: Mayor
Date: June 26, 2012
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 26, 2012
Date: June 22, 2012
Agenda Item:
Consider all matters incident and related to the issuance and sale of the Town of Prosper,
Texas Combination Tax and Revenue Certificates of Obligation, Series 2012, including the
adoption of an ordinance authorizing the issuance of such Certificates, approving an Official
Statement, a Bond Purchase Agreement, a Paying Agent/Registrar Agreement and an
engagement letter of Bond Counsel.
Description of Agenda Item:
From the CO proceeds, the Town plans to use approximately $1M for Storm Drainage projects
listed below.
DRAINAGE PROJECTS:
On December 14, 2010, the Town council adopted a Municipal Drainage Utility System Fee
Schedule to fund the operations and maintenance of existing Town drainage facilities. With the
continued growth of the Town, the additional drainage utility system fee funds being collected
are able to reimburse annual debt payments that would fund the following capital improvements.
Project Name Description Est. Cost
Coleman Road Culvert Upgrade $500,000
Lakes of La Cima Detention Pond Outfall Reconstruction $250,000
Teel Road Culvert Upgrade $30,000
Parvin Street
Downtown Drainage Study $75,000
Amberwood Farms Channel Improvements north of Norniella property $100,000
Gentle Creek Channel Improvements north of Crooked Stick $25,000
Frontier Parkway Culvert Upgrade $25,000
Talon Drive Culvert Upgrade $25,000
TOTAL FUNDING OF DRAINAGE $1,030,000
Prosper is a place where everyone matters.
Administration
Page 2 of 2
From the remaining $5M CO proceeds, the Town plans to partially fund Water projects.
WATER PROJECTS:
The lists of Water Projects in the following table are the recommended projects in the capital
improvement plan study that are of immediate need as well as projects that are currently under
design.
Project Name Description Est. Cost
Project 1A Pump Station Expansion 20 MGD $2,600,000
“ 5 MG Ground Storage Tank $3,000,000
TOTAL FUNDING OF WATER $5,600,000
The Town’s Financial Advisor, Jason Hughes will be present to discuss the issuance and/or
answer any questions that may arise.
Budget Impact:
Any new money issuance for Storm Drainage Utility will create a recurring debt expense in the
Utility and reduce the total available for maintenance budgets.
As discussed prior to the Town’s Notice of Intent postings, the additional debt burden on the
Water Utility will likely create some increase in the average water rates.
Legal Obligations and Review:
Dan Culver, with McCall, Parkhurst & Horton L.L.P., serves as the Town’s Bond Counsel and
has written the ordinance and made comment to the official statement.
Attached Documents:
Draft Ordinance – final terms will be set once pricing is confirmed the day of our meeting
Reference to Bond Counsel Engagement Letter (Same Letter as provided in GO Bond Item)
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
Town staff recommends that the Town Council
“Move to adopt an ordinance authorizing the issuance and sale of the Town of Prosper,
Texas Combination Tax and Revenue Certificates of Obligation, Series 2012 and approving
all matters incident thereto.”
Draft of 6-13-12
ORDINANCE
OF THE TOWN OF PROSPER, TEXAS
AUTHORIZING THE ISSUANCE OF
TOWN OF PROSPER, TEXAS
COMBINATION TAX AND REVENUE CERTIFICATES OF
OBLIGATION, SERIES 2012
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TABLE OF CONTENTS
Section 1. Recitals, Amount and Purpose of the Certificates ............................1
Section 2. Designation, Date, Denominations, Numbers, Maturities of Certificates and
Interest Rates .....................................................1
Section 3. Characteristics of the Certificates ........................................2
Section 4. Form of Certificates...................................................6
Section 5. Interest and Sinking Fund .............................................12
Section 6. Surplus Revenues....................................................13
Section 7. Defeasance of Certificates.............................................13
Section 8. Damaged, Mutilated, Lost, Stolen, or Destroyed Certificates ..................14
Section 9. Custody, Approval, and Registration of Certificates; Bond Counsel's Opinion
and Engagement; Attorney General Filing Fee; CUSIP Numbers and
Contingent Insurance Provision, if Obtained ............................15
Section 10. Covenants Regarding Tax Exemption of Interest on the Certificates ...........16
Section 11. Sale of Certificates; Approval of Official Statement ........................18
Section 12. Allocation of Certificate Proceeds ......................................19
Section 13. Disposition of Project................................................19
Section 14. Interest Earnings on Certificate Proceeds ................................19
Section 15. Construction Fund ..................................................19
Section 16 Compliance with Rule 15c2-12 ........................................19
Section 17. Method of Amendment ..............................................22
Section 18. Continued Perfection of Security Interest ................................23
Section 19. Inconsistent Provisions ..............................................24
Section 20. Governing Law ....................................................24
Section 21. Severability .......................................................24
ii
Section 22. Events of Default ...................................................24
Section 22. Remedies for Default ................................................24
Section 23. Remedies Not Exclusive .............................................25
Section 24. Designation as Qualified Tax-Exempt Obligations .........................25
Section 25. Effective Date .....................................................25
Exhibit A Continuing Disclosure Information ................................... A-1
ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF TOWN OF PROSPER,
TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION,
SERIES 2012; LEVYING AN ANNUAL AD VALOREM TAX FOR THE PAYMENT OF
SAID CERTIFICATES; APPROVING AN OFFICIAL STATEMENT; AND ENACTING
OTHER PROVISIONS RELATING TO THE SUBJECT
THE STATE OF TEXAS §
COLLIN AND DENTON COUNTIES §
TOWN OF PROSPER §
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Issuer") deems it
advisable to issue Certificates of Obligation in the amount of $6,000,000 for the purpose of paying
all or a portion of the Issuer's contractual obligations incurred in connection with (1) extending,
constructing and improving the Issuer's water system, including the construction of water storage
facilities, constructing improvements to a water intake point for water purchased from the North
Texas Municipal Water District and constructing improvements to pump stations, (2) developing
and constructing drainage improvements in the Issuer, including improvements to water retention
ponds and culvert and drainage channel improvements, and (3) paying legal, fiscal, engineering and
architectural fees in connection with these projects; and
WHEREAS, the Certificates of Obligation hereinafter authorized and designated are to be
issued and delivered for cash pursuant to Subchapter C of Chapter 271, Local Government Code and
Chapter 1502, Government Code, as amended; and
WHEREAS, the Town Council has heretofore passed a resolution authorizing and directing
the Town Secretary to give notice of intention to issue Certificates of Obligation; and
WHEREAS, said notice has been duly published in a newspaper of general circulation in the
Issuer, said newspaper being a "newspaper" as defined in §2051.044, Texas Government Code; and
WHEREAS, the Town received no petition from the qualified electors of the Issuer
protesting the issuance of such Certificates of Obligation; and
WHEREAS, it is considered to be to the best interest of the Issuer that said interest bearing
Certificates of Obligation be issued.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER:
Section 1. RECITALS, AMOUNT AND PURPOSE OF THE CERTIFICATES. The
recitals set forth in the preamble hereof are incorporated herein and shall have the same force and
effect as if set forth in this Section. The certificates of the Issuer are hereby authorized to be issued
and delivered in the aggregate principal amount of $6,000,000 for the purpose of paying all or a
portion of the Issuer's contractual obligations incurred in connection with (1) extending, constructing
and improving the Issuer's water system, including the construction of water storage facilities,
constructing improvements to a water intake point for water purchased from the North Texas
Municipal Water District and constructing improvements to pump stations, (2) developing and
2
constructing drainage improvements in the Issuer, including improvements to water retention ponds
and culvert and drainage channel improvements, and (3) paying legal, fiscal, engineering and
architectural fees in connection with these projects (collectively, the "Project").
Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS, MATURITIES OF
CERTIFICATES AND INTEREST RATES. Each certificate issued pursuant to this Ordinance shall
be designated: "TOWN OF PROSPER, TEXAS, COMBINATION TAX AND REVENUE
CERTIFICATE OF OBLIGATION, SERIES 2012", and initially there shall be issued, sold, and
delivered hereunder one fully registered certificate, without interest coupons, dated June 15, 2012,
in the principal amount stated above and in the denominations hereinafter stated, numbered T-1,
with certificates issued in replacement thereof being in the denominations and principal amounts
hereinafter stated and numbered consecutively from R-1 upward, payable to the respective
Registered Owners thereof (with the initial certificate being made payable to the initial purchaser
as described in Section 11 hereof), or to the registered assignee or assignees of said certificates or
any portion or portions thereof (in each case, the "Registered Owner"). The Certificates shall mature
on February 15 in the years and in the principal amounts and interest rates set forth below, interest
on each Certificate accruing on the basis of a 360-day year of twelve 30-day months from June 15,
2012 or the most recent interest payment date to which interest has been paid or provided for at the
per annum rates of interest, payable semiannually on February 15 and August 15 of each year until
the principal amount shall have been paid or provision for such payment shall have been made,
commencing February 15, 2013, as follows:
Year
Principal
Amount
Interest
Rate Year
Principal
Amount
Interest
Rate
2013 2023
2014 2024
2015 2025
2016 2026
2017 2027
2018 2028
2019 2029
2020 2030
2021 2031
2022 2032
Section 3. CHARACTERISTICS OF THE CERTIFICATES. (a) Registration, Transfer,
Conversion and Exchange; Authentication. The Issuer shall keep or cause to be kept at the corporate
trust office of U.S. Bank National Association, Dallas, Texas, the "Paying Agent/Registrar"), books
or records for the registration of the transfer, conversion and exchange of the Certificates (the
"Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and
transfer agent to keep such books or records and make such registrations of transfers, conversions
and exchanges under such reasonable regulations as the Issuer and Paying Agent/Registrar may
prescribe; and the Paying Agent/Registrar shall make such registrations, transfers, conversions and
exchanges as herein provided. The Paying Agent/Registrar shall obtain and record in the
3
Registration Books the address of the registered owner of each Certificate to which payments with
respect to the Certificates shall be mailed, as herein provided; but it shall be the duty of each
registered owner to notify the Paying Agent/Registrar in writing of the address to which payments
shall be mailed, and such interest payments shall not be mailed unless such notice has been given.
The Issuer shall have the right to inspect the Registration Books during regular business hours of
the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration
Books confidential and, unless otherwise required by law, shall not permit their inspection by any
other entity. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and
charges for making such registration, transfer, conversion, exchange and delivery of a substitute
Certificate or Certificates. Registration of assignments, transfers, conversions and exchanges of
Certificates shall be made in the manner provided and with the effect stated in the FORM OF
CERTIFICATE set forth in this Ordinance. Each substitute Certificate shall bear a letter and/or
number to distinguish it from each other Certificate.
Except as provided in Section 3(c) of this Ordinance, an authorized representative of the
Paying Agent/Registrar shall, before the delivery of any such Certificate, date and manually sign
said Certificate, and no such Certificate shall be deemed to be issued or outstanding unless such
Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all paid Certificates
and Certificates surrendered for conversion and exchange. No additional ordinances, orders, or
resolutions need be passed or adopted by the governing body of the Issuer or any other body or
person so as to accomplish the foregoing conversion and exchange of any Certificate or portion
thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the
substitute Certificates in the manner prescribed herein, and said Certificates shall be printed or typed
on paper of customary weight and strength. Pursuant to Chapter 1201, Government Code, and
particularly Subchapter D thereof, the duty of conversion and exchange of Certificates as aforesaid
is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Certificate, the
converted and exchanged Certificate shall be valid, incontestable, and enforceable in the same
manner and with the same effect as the Certificates that initially were issued and delivered pursuant
to this Ordinance, approved by the Attorney General and registered by the Comptroller of Public
Accounts.
(b) Payment of Certificates and Interest. The Issuer hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates,
all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all
payments made by the Issuer and the Paying Agent/Registrar with respect to the Certificates, and
of all conversions and exchanges of Certificates, and all replacements of Certificates, as provided
in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date,
and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record
Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such
interest have been received from the Issuer. Notice of the past due interest shall be sent at least five
(5) business days prior to the Special Record Date by United States mail, first-class postage prepaid,
to the address of each registered owner appearing on the Registration Books at the close of business
on the last business day next preceding the date of mailing of such notice.
4
(c) In General. The Certificates (i) shall be issued in fully registered form, without
interest coupons, with the principal of and interest on such Certificates to be payable only to the
registered owners thereof, (ii) may be redeemed prior to their scheduled maturities (notice of which
shall be given to the Paying Agent/Registrar by the Issuer at least 35 days prior to any such
redemption date), (iii) may be converted and exchanged for other Certificates, (iv) may be
transferred and assigned, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and
authenticated, (vii) the principal of and interest on the Certificates shall be payable, and (viii) shall
be administered and the Paying Agent/Registrar and the Issuer shall have certain duties and
responsibilities with respect to the Certificates, all as provided, and in the manner and to the effect
as required or indicated, in the FORM OF CERTIFICATE set forth in this Ordinance. The
Certificate initially issued and delivered pursuant to this Ordinance is not required to be, and shall
not be, authenticated by the Paying Agent/Registrar, but on each substitute Certificate issued in
conversion of and exchange for any Certificate or Certificates issued under this Ordinance the
Paying Agent/Registrar shall execute the PAYING AGENT/REGISTRAR'S AUTHENTICATION
CERTIFICATE, in the form set forth in the FORM OF CERTIFICATE.
(d) Book-Entry Only System. The Certificates issued in exchange for the Certificate
initially issued to the initial purchaser specified herein shall be initially issued in the form of a
separate single fully registered Certificate for each of the maturities thereof. Upon initial issuance,
the ownership of each such Certificate shall be registered in the name of Cede & Co., as nominee
of The Depository Trust Company, New York, New York ("DTC"), and except as provided in
subsection (f) hereof, all of the outstanding Certificates shall be registered in the name of Cede &
Co., as nominee of DTC.
With respect to Certificates registered in the name of Cede & Co., as nominee of DTC, the
Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any securities
brokers and dealers, banks, trust companies, clearing corporations and certain other organizations
on whose behalf DTC was created ("DTC Participant") to hold securities to facilitate the clearance
and settlement of securities transactions among DTC Participants or to any person on behalf of
whom such a DTC Participant holds an interest in the Certificates. Without limiting the immediately
preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or
obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC
Participant with respect to any ownership interest in the Certificates, (ii) the delivery to any DTC
Participant or any other person, other than a Registered Owner of Certificates, as shown on the
Registration Books, of any notice with respect to the Certificates, or (iii) the payment to any DTC
Participant or any other person, other than a Registered Owner of Certificates, as shown in the
Registration Books of any amount with respect to principal of or interest on the Certificates.
Notwithstanding any other provision of this Ordinance to the contrary, the Issuer and the Paying
Agent/Registrar shall be entitled to treat and consider the person in whose name each Certificate is
registered in the Registration Books as the absolute owner of such Certificate for the purpose of
payment of principal and interest with respect to such Certificate, for the purpose of registering
transfers with respect to such Certificate, and for all other purposes whatsoever. The Paying
Agent/Registrar shall pay all principal of and interest on the Certificates only to or upon the order
of the Registered Owners, as shown in the Registration Books as provided in this Ordinance, or their
5
respective attorneys duly authorized in writing, and all such payments shall be valid and effective
to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of and
interest on the Certificates to the extent of the sum or sums so paid. No person other than a
Registered Owner, as shown in the Registration Books, shall receive a Certificate evidencing the
obligation of the Issuer to make payments of principal and interest pursuant to this Ordinance. Upon
delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has
determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this
Ordinance with respect to interest checks being mailed to the Registered Owner at the close of
business on the Record date, the words "Cede & Co." in this Ordinance shall refer to such new
nominee of DTC.
(e) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the
event that the Issuer determines that DTC is incapable of discharging its responsibilities described
herein and in the representations letter of the Issuer to DTC or that it is in the best interest of the
beneficial owners of the Certificates that they be able to obtain certificated Certificates, the Issuer
shall (i) appoint a successor securities depository, qualified to act as such under Section 17A of the
Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the
appointment of such successor securities depository and transfer one or more separate Certificates
to such successor securities depository or (ii) notify DTC and DTC Participants of the availability
through DTC of Certificates and transfer one or more separate certificated Certificates to DTC
Participants having Certificates credited to their DTC accounts. In such event, the Certificates shall
no longer be restricted to being registered in the Registration Books in the name of Cede & Co., as
nominee of DTC, but may be registered in the name of the successor securities depository, or its
nominee, or in whatever name or names Registered Owners transferring or exchanging Certificates
shall designate, in accordance with the provisions of this Ordinance.
(f) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to
the contrary, so long as any Certificate is registered in the name of Cede & Co., as nominee of DTC,
all payments with respect to principal of and interest on such Certificate and all notices with respect
to such Certificate shall be made and given, respectively, in the manner provided in the
representations letter of the Issuer to DTC.
(g) Cancellation of Initial Certificate. On the closing date, one initial Certificate
representing the entire principal amount of the Certificates, payable in stated installments to the
purchaser designated in Section 11 or its designee, executed by manual or facsimile signature of the
Mayor (or in the absence thereof, by the Mayor Pro-tem) and Town Secretary of the Issuer,
approved by the Attorney General of Texas, and registered and manually signed by the Comptroller
of Public Accounts of the State of Texas, will be delivered to such purchaser or its designee. Upon
payment for the initial Certificate, the Paying Agent/Registrar shall cancel the initial Certificate and
deliver to the Depository Trust Company on behalf of such purchaser one registered definitive
Certificate for each year of maturity of the Certificates, in the aggregate principal amount of all of
the Certificates for such maturity.
6
(h) Conditional Notice of Redemption. With respect to any optional redemption of the
Certificates, unless certain prerequisites to such redemption required by this Ordinance have been
met and moneys sufficient to pay the principal of and premium, if any, and interest on the
Certificates to be redeemed shall have been received by the Paying Agent/Registrar prior to the
giving of such notice of redemption, such notice shall state that said redemption may, at the option
of the Issuer, be conditional upon the satisfaction of such prerequisites and receipt of such moneys
by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon any
prerequisite set forth in such notice of redemption. If a conditional notice of redemption is given
and such prerequisites to the redemption and sufficient moneys are not received, such notice shall
be of no force and effect, the Issuer shall not redeem such Certificates and the Paying
Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the
effect that the Certificates have not been redeemed.
Section 4. FORM OF CERTIFICATES. The form of the Certificates, including the form
of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of
Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached
to the Certificates initially issued and delivered pursuant to this Ordinance, shall be, respectively,
substantially as follows, with such appropriate variations, omissions or insertions as are permitted
or required by this Ordinance.
(a) [Form of Certificate]
NO. R- UNITED STATES OF AMERICA
STATE OF TEXAS
TOWN OF PROSPER, TEXAS
COMBINATION TAX AND REVENUE CERTIFICATE OF
OBLIGATION, SERIES 2012
PRINCIPAL
AMOUNT
$
Interest Rate Dated Date Maturity Date CUSIP No.
June 15, 2012 February 15,____
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
ON THE MATURITY DATE specified above, the Town of Prosper, in Collin and Denton
Counties, Texas (the "Issuer"), being a political subdivision and municipal corporation of the State
of Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns
(hereinafter called the "Registered Owner"), on the Maturity Date specified above, the Principal
Amount specified above. The Issuer promises to pay interest on the unpaid principal amount hereof
(calculated on the basis of a 360-day year of twelve 30-day months) from June 15, 2012 at the
Interest Rate per annum specified above. Interest is payable on February 15, 2013 and semiannually
7
on each August 15 and February 15 thereafter to the Maturity Date specified above, or the date of
redemption prior to maturity; except, if this Certificate is required to be authenticated and the date
of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount
shall bear interest from the interest payment date next preceding the date of authentication, unless
such date of authentication is after any Record Date but on or before the next following interest
payment date, in which case such principal amount shall bear interest from such next following
interest payment date; provided, however, that if on the date of authentication hereof the interest on
the Certificate or Certificates, if any, for which this Certificate is being exchanged is due but has not
been paid, then this Certificate shall bear interest from the date to which such interest has been paid
in full.
THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money
of the United States of America, without exchange or collection charges. The principal of this
Certificate shall be paid to the registered owner hereof upon presentation and surrender of this
Certificate at maturity, or upon the date fixed for its redemption prior to maturity, at the corporate
trust office of U.S. Bank National Association in Dallas, Texas, which is the "Paying
Agent/Registrar" for this Certificate. The payment of interest on this Certificate shall be made by
the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check
or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and
payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this
Certificate (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such
purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar
by United States mail, first-class postage prepaid, on each such interest payment date, to the
registered owner hereof, at its address as it appeared on the last day of the month preceding each
such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as
hereinafter described. In addition, interest may be paid by such other method, acceptable to the
Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. In the
event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new
record date for such interest payment (a "Special Record Date") will be established by the Paying
Agent/Registrar, if and when funds for the payment of such interest have been received from the
Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest
(which shall be 15 days after the Special Record Date) shall be sent at least five business days prior
to the Special Record Date by United States mail, first-class postage prepaid, to the address of each
owner of a Certificate appearing on the Registration Books at the close of business on the last
business day next preceding the date of mailing of such notice.
ANY ACCRUED INTEREST due at maturity or upon the redemption of this Certificate
prior to maturity as provided herein shall be paid to the registered owner upon presentation and
surrender of this Certificate for redemption and payment at the corporate trust office of the Paying
Agent/Registrar. The Issuer covenants with the registered owner of this Certificate that on or before
each principal payment date, interest payment date, and accrued interest payment date for this
Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking
Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in
immediately available funds, of all principal of and interest on the Certificates, when due.
8
IF THE DATE for the payment of the principal of or interest on this Certificate shall be a
Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the
corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive
order to close, then the date for such payment shall be the next succeeding day that is not such a
Saturday, Sunday, legal holiday or day on which banking institutions are authorized to close; and
payment on such date shall have the same force and effect as if made on the original date payment
was due.
THIS CERTIFICATE is one of a series of Certificates dated June 15, 2012, authorized in
accordance with the Constitution and laws of the State of Texas in the principal amount of
$6,000,000 for the purpose of paying all or a portion of the Issuer's contractual obligations incurred
in connection with (1) extending, constructing and improving the Issuer's water system, including
the construction of water storage facilities, constructing improvements to a water intake point for
water purchased from the North Texas Municipal Water District and constructing improvements to
pump stations, (2) developing and constructing drainage improvements in the Issuer, including
improvements to water retention ponds and culvert and drainage channel improvements, and (3)
paying legal, fiscal, engineering and architectural fees in connection with these projects.
THE CERTIFICATES OF THIS SERIES maturing on February 15 in the years
_____________ are subject to mandatory redemption prior to maturity in part at random, by lot or
other customary method selected by the Paying Agent/Registrar, at par plus accrued interest to the
redemption date, and without premium, with funds on deposit in the Interest and Sinking Fund.
Such Certificates shall be redeemed by the Paying Agent/Registrar on February 15 in each of the
years and in the principal amounts, respectively, as are set forth in the following schedule:
Certificates Maturing
February 15, 20
Certificates Maturing
February 15, 20
Certificates Maturing
February 15, 20
Certificates Maturing
February 15, 20
Year
Principal
Amount Year
Principal
Amount Year
Principal
Amount Year
Principal
Amount
* Stated maturity.
The principal amount of the Certificates required to be redeemed pursuant to the operation of such
mandatory sinking fund shall be reduced by the principal amount of any Certificates which, at least
45 days prior to the mandatory sinking fund redemption date (i) shall have been purchased by the
Issuer and delivered to the Paying Agent/Registrar for cancellation or (ii) redeemed pursuant to the
optional redemption provision described below and not theretofore credited against a mandatory
sinking fund requirement.
9
IN ADDITION TO THE FOREGOING MANDATORY REDEMPTION, the Certificates
of this series having stated maturities on and after February 15, 2023 may be redeemed prior to their
scheduled maturities, at the option of the Issuer, on February 15, 2022 or on any date thereafter, with
funds derived from any available and lawful source, as a whole, or in part, and, if in part, the
particular Certificates, or portions thereof, to be redeemed shall be selected and designated by the
Issuer (provided that a portion of a Certificate may be redeemed only in an integral multiple of
$5,000), at a redemption price equal to the principal amount to be redeemed plus accrued interest
to the date fixed for redemption.
AT LEAST 30 DAYS prior to the date fixed for any redemption of Certificates or portions
thereof prior to maturity a written notice of such redemption shall be sent by the Paying
Agent/Registrar by United States mail, first-class postage prepaid, at least 30 days prior to the date
fixed for any such redemption, to the registered owner of each Certificate to be redeemed at its
address as it appeared on the 45th day prior to such redemption date; provided, however, that the
failure of the registered owner to receive such notice, or any defect therein or in the sending or
mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption
of any Certificate. By the date fixed for any such redemption due provision shall be made with the
Paying Agent/Registrar for the payment of the required redemption price for the Certificates or
portions thereof that are to be so redeemed. If such written notice of redemption is sent and if due
provision for such payment is made, all as provided above, the Certificates or portions thereof that
are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled
maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be
regarded as being outstanding except for the right of the registered owner to receive the redemption
price from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of
any Certificate shall be redeemed, a substitute Certificate or Certificates having the same maturity
date, bearing interest at the same rate, in any denomination or denominations in any integral multiple
of $5,000, at the written request of the registered owner, and in aggregate principal amount equal
to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof
for cancellation, at the expense of the Issuer, all as provided in the Certificate Ordinance.
ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates,
without interest coupons, in the denomination of any integral multiple of $5,000. As provided in
the Certificate Ordinance, this Certificate may, at the request of the registered owner or the assignee
or assignees hereof, be assigned, transferred, converted into and exchanged for a like aggregate
principal amount of fully registered certificates, without interest coupons, payable to the appropriate
registered owner, assignee or assignees, as the case may be, having the same denomination or
denominations in any integral multiple of $5,000 as requested in writing by the appropriate
registered owner, assignee or assignees, as the case may be, upon surrender of this Certificate to the
Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth
in the Certificate Ordinance. Among other requirements for such assignment and transfer, this
Certificate must be presented and surrendered to the Paying Agent/Registrar, together with proper
instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying
Agent/Registrar, evidencing assignment of this Certificate or any portion or portions hereof in any
integral multiple of $5,000 to the assignee or assignees in whose name or names this Certificate or
any such portion or portions hereof is or are to be registered. The form of Assignment printed or
endorsed on this Certificate may be executed by the registered owner to evidence the assignment
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hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the
Paying Agent/Registrar may be used to evidence the assignment of this Certificate or any portion
or portions hereof from time to time by the registered owner. The Paying Agent/Registrar's
reasonable standard or customary fees and charges for assigning, transferring, converting and
exchanging any Certificate or portion thereof will be paid by the Issuer. In any circumstance, any
taxes or governmental charges required to be paid with respect thereto shall be paid by the one
requesting such assignment, transfer, conversion or exchange, as a condition precedent to the
exercise of such privilege. The Paying Agent/Registrar shall not be required to make any such
transfer, conversion, or exchange (i) during the period commencing with the close of business on
any Record Date and ending with the opening of business on the next following principal or interest
payment date, or (ii) with respect to any Certificate or any portion thereof called for redemption
prior to maturity, within 45 days prior to its redemption date.
IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer,
resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance
that it promptly will appoint a competent and legally qualified substitute therefor, and cause written
notice thereof to be mailed to the registered owners of the Certificates.
IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and
validly authorized, issued and delivered; that all acts, conditions and things required or proper to be
performed, exist and be done precedent to or in the authorization, issuance and delivery of this
Certificate have been performed, existed and been done in accordance with law; that this Certificate
is a general obligation of said Issuer, issued on the full faith and credit thereof; and that annual ad
valorem taxes sufficient to provide for the payment of the interest on and principal of this
Certificate, as such interest comes due and such principal matures, have been levied and ordered to
be levied against all taxable property in said Issuer, and have been pledged for such payment, within
the limit prescribed by law, and that this Certificate is additionally secured by and payable from a
pledge of the revenues of the Issuer's combined Waterworks and Sewer Systems remaining after
payment of all operation and maintenance expenses thereof, and all debt service, reserve and other
requirements in connection with all of the Issuer's revenue obligations (now or hereafter
outstanding) that are payable from all or part of said revenues, all as provided in the Certificate
Ordinance.
BY BECOMING the registered owner of this Certificate, the registered owner thereby
acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by
such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and
available for inspection in the official minutes and records of the governing body of the Issuer, and
agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a
contract between each registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the
manual or facsimile signature of the Mayor (or in the absence thereof, by the Mayor Pro-tem) of the
Issuer and countersigned with the manual or facsimile signature of the Town Secretary of said
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Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on
this Certificate.
(signature) (signature)
Town Secretary Mayor
(SEAL)
(b) [Form of Paying Agent/Registrar's Authentication Certificate]
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Certificate is not accompanied by an
executed Registration Certificate of the Comptroller
of Public Accounts of the State of Texas)
It is hereby certified that this Certificate has been issued under the provisions of the
Certificate Ordinance described in the text of this Certificate; and that this Certificate has been
issued in conversion or replacement of, or in exchange for, a certificate, certificates, or a portion of
a certificate or certificates of a series that originally was approved by the Attorney General of the
State of Texas and registered by the Comptroller of Public Accounts of the State of Texas.
Dated: _______________________________________________
U.S. Bank National Association
Dallas, Texas
Paying Agent/Registrar
By:______________________________
Authorized Representative
(c) [Form of Assignment]
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
_______________________________________________________________________________.
Please insert Social Security or Taxpayer Identification Number of Transferee
______________________________________________________________________________
(Please print or typewrite name and address, including zip code, of Transferee.)
______________________________________________________________________________
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the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints
___________________________________________, attorney, to register the transfer of the within
Certificate on the books kept for registration thereof, with full power of substitution in the premises.
Dated: ___________________________
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed
by an eligible guarantor institution
participating in a securities transfer
association recognized signature guarantee
program.
NOTICE: The signature above must
correspond with the name of the registered
owner as it appears upon the front of this
Certificate in every particular, without
alteration or enlargement or any change
whatsoever.
(d) [Form of Registration Certificate of the Comptroller of Public Accounts]
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Certificate has been examined, certified as to validity and approved
by the Attorney General of the State of Texas, and that this Certificate has been registered by the
Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this
__________________________________________
Comptroller of Public Accounts of the State of Texas
(COMPTROLLER'S SEAL)
(e) [Initial Certificate Insertions]
(i) The initial Certificate shall be in the form set forth is paragraph (a) of this Section,
except that:
A. immediately under the name of the Certificate, the headings "Interest Rate"
and "Maturity Date" shall both be completed with the words "As shown below" and
"CUSIP No. _____" shall be deleted.
B. the first paragraph shall be deleted and the following will be inserted:
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"THE TOWN OF PROSPER, TEXAS (the "Issuer"), being a political subdivision and
municipal corporation of the State of Texas, hereby promises to pay to the Registered Owner
specified above, or registered assigns (hereinafter called the "Registered Owner"), on February 15
in each of the years, in the principal installments and bearing interest at the per annum rates set forth
in the following schedule:
Years Principal Installments Interest Rates
(Information from Section 2 to be inserted)
The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis
of a 360-day year of twelve 30-day months) from June 15, 2012 at the respective Interest Rate per
annum specified above. Interest is payable on February 15, 2013 and semiannually on each August
15 and February 15 and thereafter to the date of payment of the principal installment specified
above, or the date of redemption prior to maturity; except, that if this Certificate is required to be
authenticated and the date of its authentication is later than the first Record Date (hereinafter
defined), such Principal Amount shall bear interest from the interest payment date next preceding
the date of authentication, unless such date of authentication is after any Record Date but on or
before the next following interest payment date, in which case such principal amount shall bear
interest from such next following interest payment date; provided, however, that if on the date of
authentication hereof the interest on the Certificate or Certificates, if any, for which this Certificate
is being exchanged is due but has not been paid, then this Certificate shall bear interest from the date
to which such interest has been paid in full."
C. The Initial Certificate shall be numbered "T-1."
Section 5. INTEREST AND SINKING FUND. A special "Interest and Sinking Fund" is
hereby created and shall be established and maintained by the Issuer at an official depository bank
of the Issuer. Said Interest and Sinking Fund shall be kept separate and apart from all other funds
and accounts of the Issuer, and shall be used only for paying the interest on and principal of the
Certificates. All amounts received from the sale of the Certificates as accrued interest and ad
valorem taxes levied and collected for and on account of the Certificates shall be deposited, as
collected, to the credit of said Interest and Sinking Fund. During each year while any of the
Certificates are outstanding and unpaid, the governing body of the Issuer shall compute and ascertain
a rate and amount of ad valorem tax that will be sufficient to raise and produce the money required
to pay the interest on the Certificates as such interest comes due, and to provide and maintain a
sinking fund adequate to pay the principal of the Certificates as such principal matures (but never
less than 2% of the original amount of the Certificates as a sinking fund each year); and said tax
shall be based on the latest approved tax rolls of the Issuer, with full allowances being made for tax
delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby
levied, and is hereby ordered to be levied, against all taxable property in the Issuer, for each year
while any of the Certificates are outstanding and unpaid, and said tax shall be assessed and collected
each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad
valorem taxes sufficient to provide for the payment of the interest on and principal of the
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Certificates, as such interest comes due and such principal matures, are hereby pledged for such
payment, within the limit prescribed by law.
Section 6. SURPLUS REVENUES. The Certificates are additionally secured by and
payable from a pledge of the revenues of the Issuer's combined Waterworks and Sewer Systems
remaining after payment of all operation and maintenance expenses thereof, and all debt service,
reserve and other requirements in connection with all of the Issuer's revenue obligations (now or
hereafter outstanding) that are payable from all or part of the Net Revenues of the Issuer's
Waterworks and Sewer Systems, constituting "Surplus Revenues." The Issuer shall deposit such
Surplus Revenues to the credit of the Interest and Sinking Fund created pursuant to Section 5, to the
extent necessary to pay the principal and interest on the Certificates. Notwithstanding the
requirements of Section 5, if Surplus Revenues are actually on deposit in the Interest and Sinking
Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the
amount of taxes that otherwise would have been required to be levied pursuant to Section 5 may be
reduced to the extent and by the amount of the Surplus Revenues then on deposit in the Interest and
Sinking Fund. The Issuer reserves the right, without condition or limitation, to issue other
obligations secured in whole or in part by a parity lien on and pledge of the Surplus Revenues, for
any purpose permitted by law.
Section 7. DEFEASANCE OF CERTIFICATES. (a) Any Certificate and the interest
thereon shall be deemed to be paid, retired and no longer outstanding (a "Defeased Certificate")
within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section
7, when payment of the principal of such Certificate, plus interest thereon to the due date (whether
such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be
made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due
date by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance
with an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment
(1) lawful money of the United States of America sufficient to make such payment or (2) Defeasance
Securities that mature as to principal and interest in such amounts and at such times as will insure
the availability, without reinvestment, of sufficient money to provide for such payment, and when
proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment
of its services until all Defeased Certificates shall have become due and payable. At such time as
a Certificate shall be deemed to be a Defeased Certificate hereunder, as aforesaid, such Certificate
and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of,
the ad valorem taxes or revenues herein levied and pledged as provided in this Ordinance, and such
principal and interest shall be payable solely from such money or Defeasance Securities.
Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any
determination not to redeem Defeased Certificates that is made in conjunction with the payment
arrangements specified in subsection 7(a)(i) or (ii) shall not be irrevocable, provided that: (1) in the
proceedings providing for such payment arrangements, the Issuer expressly reserves the right to call
the Defeased Certificates for redemption; (2) gives notice of the reservation of that right to the
owners of the Defeased Certificates immediately following the making of the payment
arrangements; and (3) directs that notice of the reservation be included in any redemption notices
that it authorizes.
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(b) Any moneys so deposited with the Paying Agent/Registrar may at the written
direction of the Issuer be invested in Defeasance Securities, maturing in the amounts and times as
hereinbefore set forth, and all income from such Defeasance Securities received by the Paying
Agent/Registrar that is not required for the payment of the Certificates and interest thereon, with
respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited
as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money
and/or Defeasance Securities are held for the payment of Defeased Certificates may contain
provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or
the substitution of other Defeasance Securities upon the satisfaction of the requirements specified
in subsection 7(a)(i) or (ii). All income from such Defeasance Securities received by the Paying
Agent/Registrar that is not required for the payment of the Defeased Certificates, with respect to
which such money has been so deposited, shall be remitted to the Issuer or deposited as directed in
writing by the Issuer.
(c) The term "Defeasance Securities" means any securities and obligations now or
hereafter authorized by Texas law that are eligible to refund, defease or otherwise discharge
obligations such as the Certificates.
(d) Until all Defeased Certificates shall have become due and payable, the Paying
Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates
the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide
and pay for such services as required by this Ordinance.
(e) In the event that the Issuer elects to defease less than all of the principal amount of
Certificates of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such
amount of Certificates by such random method as it deems fair and appropriate.
Section 8. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED
CERTIFICATES.
(a) Replacement Certificates. In the event any outstanding Certificate is damaged,
mutilated, lost, stolen or destroyed, the Paying Agent/Registrar shall cause to be printed, executed
and delivered, a new certificate of the same principal amount, maturity and interest rate, as the
damaged, mutilated, lost, stolen or destroyed Certificate, in replacement for such Certificate in the
manner hereinafter provided.
(b) Application for Replacement Certificates. Application for replacement of damaged,
mutilated, lost, stolen or destroyed Certificates shall be made by the registered owner thereof to the
Paying Agent/Registrar. In every case of loss, theft or destruction of a Certificate, the registered
owner applying for a replacement certificate shall furnish to the Issuer and to the Paying
Agent/Registrar such security or indemnity as may be required by them to save each of them
harmless from any loss or damage with respect thereto. Also, in every case of loss, theft or
destruction of a Certificate, the registered owner shall furnish to the Issuer and to the Paying
Agent/Registrar evidence to their satisfaction of the loss, theft or destruction of such Certificate, as
16
the case may be. In every case of damage or mutilation of a Certificate, the registered owner shall
surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in
the event any such Certificate shall have matured, and no default has occurred that is then continuing
in the payment of the principal of, redemption premium, if any, or interest on the Certificate, the
Issuer may authorize the payment of the same (without surrender thereof except in the case of a
damaged or mutilated Certificate) instead of issuing a replacement Certificate, provided security or
indemnity is furnished as above provided in this Section.
(d) Charge for Issuing Replacement Certificates. Prior to the issuance of any
replacement certificate, the Paying Agent/Registrar shall charge the registered owner of such
Certificate with all legal, printing, and other expenses in connection therewith. Every replacement
certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate
is lost, stolen or destroyed shall constitute a contractual obligation of the Issuer whether or not the
lost, stolen or destroyed Certificate shall be found at any time, or be enforceable by anyone, and
shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all
other Certificates duly issued under this Ordinance.
(e) Authority for Issuing Replacement Certificates. In accordance with Subchapter D
of Chapter 1201, Government Code, this Section 8 of this Ordinance shall constitute authority for
the issuance of any such replacement certificate without necessity of further action by the governing
body of the Issuer or any other body or person, and the duty of the replacement of such certificates
is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar
shall authenticate and deliver such Certificates in the form and manner and with the effect, as
provided in Section 3(a) of this Ordinance for Certificates issued in conversion and exchange for
other Certificates.
Section 9. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES; BOND
COUNSEL'S OPINION AND ENGAGEMENT; ATTORNEY GENERAL FILING FEE; CUSIP
NUMBERS AND CONTINGENT INSURANCE PROVISION, IF OBTAINED. (a) The Mayor
of the Issuer is hereby authorized to have control of the Certificates initially issued and delivered
hereunder and all necessary records and proceedings pertaining to the Certificates pending their
delivery and their investigation, examination, and approval by the Attorney General of the State of
Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon
registration of the Certificates said Comptroller of Public Accounts (or a deputy designated in
writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate
attached to such Certificates, and the seal of said Comptroller shall be impressed, or placed in
facsimile, on such Certificate. The approving legal opinion of the Issuer's Bond Counsel and the
assigned CUSIP numbers may, at the option of the Issuer, be printed on the Certificates issued and
delivered under this Ordinance, but neither shall have any legal effect, and shall be solely for the
convenience and information of the registered owners of the Certificates.
17
(b) The obligation of the initial purchaser to accept delivery of the Certificates is subject
to the initial purchaser being furnished with the final, approving opinion of McCall, Parkhurst &
Horton L.L.P., bond counsel to the Issuer, which opinion shall be dated as of and delivered on the
date of initial delivery of the Certificates to the initial purchaser. The engagement of such firm as
bond counsel to the Issuer in connection with issuance, sale and delivery of the Certificates is hereby
approved and confirmed. The execution and delivery of an engagement letter between the Issuer
and such firm, with respect to such services as bond counsel, is hereby authorized in such form as
may be approved by the Mayor of the Issuer and the Mayor is hereby authorized to execute such
engagement letter.
(c) In accordance with the provisions of Section 1202.004, Tex. Gov't Code Ann., in
connection with the submission of the Certificates by the Attorney General of Texas for review and
approval, a statutory fee (an amount equal to 0.1% principal amount of the Certificates, subject to
a minimum of $750 and a maximum of $9,500) is required to be paid to the Attorney General upon
the submission of the transcript of proceedings for the Certificates. The Issuer hereby authorizes
and directs that a check in the amount of the Attorney General filing fee for the Certificates, made
payable to the "Texas Attorney General," be promptly furnished to the Issuer's Bond Counsel, for
payment to the Attorney General in connection with his review of the Certificates.
Section 10. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE
CERTIFICATES. The Issuer covenants to take any action necessary to assure, or refrain from any
action that would adversely affect, the treatment of the Certificates as Obligation described in
section 103 of the Code, the interest on which is not includable in the "gross income" of the holder
for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows:
(a) to take any action to assure that no more than 10 percent of the proceeds of
the Certificates (less amounts deposited to a reserve fund, if any) are used for any "private
business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the
proceeds or the projects financed therewith are so used, such amounts, whether or not
received by the Issuer, with respect to such private business use, do not, under the terms of
this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for
the payment of more than 10 percent of the debt service on the Certificates, in contravention
of section 141(b)(2) of the Code;
(b) to take any action to assure that in the event that the "private business use"
described in subsection (a) hereof exceeds 5 percent of the proceeds of the Certificates or
the projects financed therewith (less amounts deposited into a reserve fund, if any) then the
amount in excess of 5 percent is used for a "private business use" that is "related" and not
"disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental
use;
(c) to take any action to assure that no amount that is greater than the lesser of
$5,000,000, or 5 percent of the proceeds of the Certificates (less amounts deposited into a
18
reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state
or local governmental units, in contravention of section 141(c) of the Code;
(d) to refrain from taking any action that would otherwise result in the
Certificates being treated as "private activity bonds" within the meaning of section 141(b)
of the Code;
(e) to refrain from taking any action that would result in the Certificates being
"federally guaranteed" within the meaning of section 149(b) of the Code;
(f) to refrain from using any portion of the proceeds of the Certificates, directly
or indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire
investment property (as defined in section 148(b)(2) of the Code) that produces a materially
higher yield over the term of the Certificates, other than investment property acquired with
–
(1) proceeds of the Certificates invested for a reasonable temporary
period of 3 years or less or, in the case of a refunding bond, for a period of 30 days
or less until such proceeds are needed for the purpose for which the bonds are issued,
(2) amounts invested in a bona fide debt service fund, within the meaning
of section 1.148-1(b) of the Treasury Regulations, and
(3) amounts deposited in any reasonably required reserve or replacement
fund to the extent such amounts do not exceed 10 percent of the proceeds of the
Certificates;
(g) to otherwise restrict the use of the proceeds of the Certificates or amounts
treated as proceeds of the Certificates, as may be necessary, so that the Certificates do not
otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and,
to the extent applicable, section 149(d) of the Code (relating to advance refundings); and
(h) to pay to the United States of America at least once during each five-year
period (beginning on the date of delivery of the Certificates) an amount that is at least equal
to 90 percent of the "Excess Earnings," within the meaning of section 148(f) of the Code and
to pay to the United States of America, not later than 60 days after the Certificates have been
paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings
under section 148(f) of the Code.
In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby
established by the Issuer for the sole benefit of the United States of America, and such Fund shall
not be subject to the claim of any other person, including without limitation the certificateholders.
The Rebate Fund is established for the additional purpose of compliance with section 148 of the
Code.
19
For purposes of the foregoing (a) and (b), the Issuer understands that the term "proceeds"
includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding
bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date
of issuance of the Certificates. It is the understanding of the Issuer that the covenants contained
herein are intended to assure compliance with the Code and any regulations or rulings promulgated
by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are
hereafter promulgated that modify or expand provisions of the Code, as applicable to the
Certificates, the Issuer will not be required to comply with any covenant contained herein to the
extent that such failure to comply, in the opinion of nationally recognized bond counsel, will not
adversely affect the exemption from federal income taxation of interest on the Certificates under
section 103 of the Code. In the event that regulations or rulings are hereafter promulgated that
impose additional requirements applicable to the Certificates, the Issuer agrees to comply with the
additional requirements to the extent necessary, in the opinion of nationally recognized bond
counsel, to preserve the exemption from federal income taxation of interest on the Certificates under
section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs
the Mayor to execute any documents, certificates or reports required by the Code and to make such
elections, on behalf of the Issuer, that may be permitted by the Code as are consistent with the
purpose for the issuance of the Certificates.
Section 11. SALE OF CERTIFICATES; APPROVAL OF OFFICIAL STATEMENT;
APPLICATION OF PREMIUM AND ACCRUED INTEREST. (a) The Certificates are hereby
initially sold and shall be delivered to __________________ (collectively, the "Underwriter") for
cash at a price set forth below, pursuant to the terms and provisions of a Purchase Contract that the
Mayor of the Issuer is hereby authorized to execute and deliver. The Certificates shall initially be
registered in the name of "________________." The Certificates are sold to the Underwriter at a
price of $________ (representing the par amount of the Certificates, less a net original issue discount
of $_________, less Underwriter's discount on the Certificates of $_______, plus accrued interest
on the Certificates in the amount of $_______). The accrued interest received from the sale of the
Certificates shall be deposited into the Interest and Sinking Fund and the net original issue premium
shall be applied to pay a portion of the Underwriter's discount. It is hereby officially found,
determined, and declared that the terms of this sale are the most advantageous reasonably obtainable.
(b) The Issuer hereby approves the form and content of the Official Statement relating to
the Certificates and any addenda, supplement or amendment thereto, and approves the distribution
of such Official Statement in the reoffering of the Certificates by the Underwriter in final form, with
such changes therein or additions thereto as the officer executing the same may deem advisable,
such determination to be conclusively evidenced by his execution thereof. The distribution and use
of the Preliminary Official Statement dated June __, 2012 prior to the date hereof is hereby ratified
and confirmed.
Section 12. ALLOCATION OF CERTIFICATE PROCEEDS. The Issuer covenants to
account for the expenditure of sale proceeds and investment earnings to be used for the construction
and acquisition of the Project on its books and records by allocating proceeds to expenditures within
18 months of the later of the date that (1) the expenditure is made, or (2) the Project is completed.
20
The foregoing notwithstanding, the Issuer shall not expend proceeds of the sale of the Certificates
or investment earnings thereon more than 60 days after the earlier of (1) the fifth anniversary of the
delivery of the Certificates, or (2) the date the Certificates are retired, unless the Issuer obtains an
opinion of nationally-recognized bond counsel that such expenditure will not adversely affect the
status, for federal income tax purposes, of the Certificates or the interest thereon. For purposes
hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that
such failure to comply will not adversely affect the excludability for federal income tax purposes
from gross income of the interest.
Section 13. DISPOSITION OF PROJECT. The Issuer covenants that the Project will not
be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other
compensation, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such
sale or other disposition will not adversely affect the tax-exempt status of the Certificates. For
purposes of the foregoing, the portion of the property comprising personal property and disposed
in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other
compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant
if it obtains a legal opinion that such failure to comply will not adversely affect the excludability for
federal income tax proposes from gross income of the interest.
Section 14. INTEREST EARNINGS ON CERTIFICATE PROCEEDS. Interest earnings
derived from the investment of proceeds from the sale of the Certificates shall be used along with
other certificate proceeds for the Project; provided that after completion of such purpose, if any of
such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and
Sinking Fund. It is further provided, however, that any interest earnings on certificate proceeds that
are required to be rebated to the United States of America pursuant to Section 10 hereof in order to
prevent the Certificates from being arbitrage bonds shall be so rebated and not considered as interest
earnings for the purposes of this Section.
Section 15. CONSTRUCTION FUND. The Issuer hereby creates and establishes and shall
maintain on the books of the Issuer a separate fund to be entitled the "Series 2012 Combination Tax
and Revenue Certificate of Obligation Construction Fund" for use by the Issuer for payment of all
lawful costs associated with the acquisition and construction of the Project as hereinbefore provided.
Upon payment of all such costs, any moneys remaining on deposit in said Fund shall be transferred
to the Interest and Sinking Fund. Amounts so deposited to the Interest and Sinking Fund shall be
used in the manner described in Section 5 of this Ordinance.
Section 16. COMPLIANCE WITH RULE 15c2-12. (a) Annual Reports. (i) The Issuer
shall provide annually to the MSRB, within six months after the end of each fiscal year ending in
or after 2012, financial information and operating data with respect to the Issuer of the general type
included in the final Official Statement authorized by Section 11 of this Ordinance, being the
information described in Exhibit A hereto. Any financial statements so to be provided shall be (1)
prepared in accordance with the accounting principles described in Exhibit A hereto, or such other
accounting principles as the Issuer may be required to employ from time to time pursuant to state
law or regulation, and (2) audited, if the Issuer commissions an audit of such statements and the
21
audit is completed within the period during which they must be provided. If the audit of such
financial statements is not complete within such period, then the Issuer shall provide unaudited
financial information by the required time and will provide audited financial statements for the
applicable fiscal year to the MSRB, when and if the audit report on such statements become
available. Such information shall be transmitted electronically to the MSRB, in such format and
accompanied by such identifying information as prescribed by the MSRB.
(ii) If the Issuer changes its fiscal year, it will notify the MSRB of the change (and of the
date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be
required to provide financial information and operating data pursuant to this Section. The financial
information and operating data to be provided pursuant to this Section may be set forth in full in one
or more documents or may be included by specific reference to any document (including an official
statement or other offering document, if it is available from the MSRB) that theretofore has been
provided to the MSRB or filed with the SEC.
(b) Event Notices.
(i) The Issuer shall notify the MSRB in an electronic format as prescribed by the
MSRB, in a timely manner (but not in excess of ten business days after the occurrence of the
event) of any of the following events with respect to the Certificates, if such event is material
within the meaning of the federal securities laws:
1. Non-payment related defaults;
2. Modifications to rights of Certificateholders;
3. Certificate calls;
4. Release, substitution, or sale of property securing repayment of the
Certificates;
5. The consummation of a merger, consolidation, or acquisition
involving an obligated person or the sale of all or substantially all of
the assets of the obligated person, other than in the ordinary course
of business, the entry into a definitive agreement to undertake such
an action or the termination of a definitive agreement relating to any
such actions, other than pursuant to its terms;
6. Appointment of a successor or additional trustee or the change of
name of a trustee.
(ii) The Issuer shall notify the MSRB in an electronic format as prescribed by the
MSRB, in a timely manner (but not in excess of ten business days after the occurrence of the
event) of any of the following events with respect to the Certificates, without regard to
whether such event is considered material within the meaning of the federal securities laws:
1. Principal and interest payment delinquencies;
2. Unscheduled draws on debt service reserves reflecting financial
difficulties;
22
4. Unscheduled draws on credit enhancements reflecting financial
difficulties;
5. Substitution of credit or liquidity providers, or their failure to
perform;
6. Adverse tax opinions or the issuance by the Internal Revenue Service
of proposed or final determinations of taxability, Notices of Proposed
Issue (IRS Form 5701–TEB) or other material notices or
determinations with respect to the tax status of the Certificates, or
other events affecting the tax status of the Certificates;
7. Tender offers;
8. Defeasances;
9. Rating changes;
10. Bankruptcy, insolvency, receivership or similar event of an obligated
person (which is considered to occur when any of the following
occur: the appointment of a receiver, fiscal agent, or similar officer
for the Issuer in a proceeding under the United States Bankruptcy
Code or in any other proceeding under state or federal law in which
a court or governmental authority has assumed jurisdiction over
substantially all of the assets or business of the Issuer, or if such
jurisdiction has been assumed by leaving the existing governing body
and officials or officers in possession but subject to the supervision
and orders of a court or governmental authority, or the entry of an
order confirming a plan of reorganization, arrangement, or liquidation
by a court or governmental authority having supervision or
jurisdiction over substantially all of the assets or business of the
Issuer).
(iii) The Issuer shall notify the MSRB, in a timely manner, of any failure by the
Issuer to provide financial information or operating data in accordance with subsection (b)
of this Section by the time required by such subsection.
(c) Limitations, Disclaimers, and Amendments. (i) The Issuer shall be obligated to observe
and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer
remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except
that the Issuer in any event will give the notice required by Subsection (b) hereof of any Certificate
calls and defeasance that cause the Issuer to no longer be such an "obligated person".
(ii) The provisions of this Section are for the sole benefit of the registered owners and
beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any
benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer
undertakes to provide only the financial information, operating data, financial statements, and
notices which it has expressly agreed to provide pursuant to this Section and does not hereby
undertake to provide any other information that may be relevant or material to a complete
presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update
23
any information provided in accordance with this Section or otherwise, except as expressly provided
herein. The Issuer does not make any representation or warranty concerning such information or
its usefulness to a decision to invest in or sell Certificates at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE
REGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER
PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART
FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON
ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND
REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF
ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR
SPECIFIC PERFORMANCE.
(iv) No default by the Issuer in observing or performing its obligations under this Section
shall comprise a breach of or default under the Ordinance for purposes of any other provision of this
Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the Issuer under federal and state securities laws.
(v) The provisions of this Section may be amended by the Issuer from time to time to adapt
to changed circumstances that arise from a change in legal requirements, a change in law, or a
change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions
of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates
in the primary offering of the Certificates in compliance with the Rule, taking into account any
amendments or interpretations of the Rule since such offering as well as such changed circumstances
and (2) either (a) the registered owners of a majority in aggregate principal amount (or any greater
amount required by any other provision of this Ordinance that authorizes such an amendment) of
the outstanding Certificates consent to such amendment or (b) a person that is unaffiliated with the
Issuer (such as nationally recognized bond counsel) determined that such amendment will not
materially impair the interest of the registered owners and beneficial owners of the Certificates. If
the Issuer so amends the provisions of this Section, it shall include with any amended financial
information or operating data next provided in accordance with subsection (a) of this Section an
explanation, in narrative form, of the reason for the amendment and of the impact of any change in
the type of financial information or operating data so provided. The Issuer may also amend or repeal
the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable
provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule
are invalid, but only if and to the extent that the provisions of this sentence would not prevent an
underwriter from lawfully purchasing or selling Certificates in the primary offering of the
Certificates.
(d) Definitions. As used in this Section, the following terms have the meanings ascribed to
such terms below:
"MSRB" means the Municipal Securities Rulemaking Board or any successor to its
functions under the Rule.
24
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
Section 17. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend
this Ordinance subject to the following terms and conditions, to-wit:
(a) The Issuer may from time to time, without the consent of any holder, except as
otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure
any ambiguity, defect or omission in this Ordinance that does not materially adversely affect the
interests of the holders, (ii) grant additional rights or security for the benefit of the holders, (iii) add
events of default as shall not be inconsistent with the provisions of this Ordinance and which shall
not materially adversely affect the interests of the holders, (v) qualify this Ordinance under the Trust
Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time
in effect, or (iv) make such other provisions in regard to matters or questions arising under this
Ordinance as shall not be inconsistent with the provisions of this Ordinance and which shall not in
the opinion of the Issuer's Bond Counsel materially adversely affect the interests of the holders.
(b) Except as provided in paragraph (a) above, the holders of Certificates aggregating
in principal amount 51% of the aggregate principal amount of then outstanding Certificates which
are the subject of a proposed amendment shall have the right from time to time to approve any
amendment hereto which may be deemed necessary or desirable by the Issuer; provided, however,
that without the consent of 100% of the holders in aggregate principal amount of the then
outstanding Certificates, nothing herein contained shall permit or be construed to permit amendment
of the terms and conditions of this Ordinance or in any of the Certificates so as to:
(1) Make any change in the maturity of any of the outstanding Certificates;
(2) Reduce the rate of interest borne by any of the outstanding Certificates;
(3) Reduce the amount of the principal of, or redemption premium, if any,
payable on any outstanding Certificates;
(4) Modify the terms of payment of principal or of interest or redemption
premium on outstanding Certificates or any of them or impose any condition with
respect to such payment; or
(5) Change the minimum percentage of the principal amount of any series of
Certificates necessary for consent to such amendment.
(c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the
Issuer shall send by U.S. mail to each registered owner of the affected Certificates a copy of the
proposed amendment and cause notice of the proposed amendment to be published at least once in
a financial publication published in The City of New York, New York or in the State of Texas. Such
25
published notice shall briefly set forth the nature of the proposed amendment and shall state that a
copy thereof is on file at the office of the Issuer for inspection by all holders of such Certificates.
(d) Whenever at any time within one year from the date of publication of such notice the
Issuer shall receive an instrument or instruments executed by the holders of at least 51% in
aggregate principal amount of all of the Certificates then outstanding which are required for the
amendment, which instrument or instruments shall refer to the proposed amendment and which shall
specifically consent to and approve such amendment, the Issuer may adopt the amendment in
substantially the same form.
(e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this
Section, this Ordinance shall be deemed to be modified and amended in accordance with such
amendatory Ordinance, and the respective rights, duties, and obligations of the Issuer and all holders
of such affected Certificates shall thereafter be determined, exercised, and enforced, subject in all
respects to such amendment.
(f) Any consent given by the holder of a Certificate pursuant to the provisions of this
Section shall be irrevocable for a period of six months from the date of the publication of the notice
provided for in this Section, and shall be conclusive and binding upon all future holders of the same
Certificate during such period. Such consent may be revoked at any time after six months from the
date of the publication of said notice by the holder who gave such consent, or by a successor in title,
by filing notice with the Issuer, but such revocation shall not be effective if the holders of 51% in
aggregate principal amount of the affected Certificates then outstanding, have, prior to the attempted
revocation, consented to and approved the amendment.
For the purposes of establishing ownership of the Certificates, the Issuer shall rely solely
upon the registration of the ownership of such Certificates on the registration books kept by the
Paying Agent/Registrar.
Section 18. CONTINUED PERFECTION OF SECURITY INTEREST. Chapter 1208,
Government Code, applies to the issuance of the Certificates and the pledge of the ad valorem taxes
granted by the Issuer under Section 5 of this Ordinance and the pledge of the Surplus Revenues
under Section 6 of this Ordinance, and such pledge is therefore valid, effective, and perfected. If
Texas law is amended at any time while the Certificates are outstanding and unpaid such that the
pledge of the taxes granted by the Issuer under Section 5 of this Ordinance or the pledge of the
Surplus Revenues under Section 6 of this Ordinance is to be subject to the filing requirements of
Chapter 9, Business & Commerce Code, then in order to preserve to the registered owners of the
Certificates the perfection of the security interest in said pledges, the Issuer agrees to take such
measures as it determines are reasonable and necessary under Texas law to comply with the
applicable provisions of Chapter 9, Business & Commerce Code and enable a filing to perfect the
security interest in said pledges to occur.
Section 19. INCONSISTENT PROVISIONS. All indentures, ordinances or resolutions, or
parts thereof, that are in conflict or inconsistent with any provision of this Ordinance are hereby
26
repealed to the extent of such conflict and the provisions of this Ordinance shall be and remain
controlling as to the matters contained herein.
Section 20. GOVERNING LAW. This Ordinance shall be construed and enforced in
accordance with the laws of the State of Texas and the United States of America.
Section 21. SEVERABILITY. If any provision of this Ordinance or the application thereof
to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application
thereof to other circumstances shall nevertheless be valid, and this governing body hereby declares
that this Ordinance would have been enacted without such invalid provision.
Section 22. EVENTS OF DEFAULT. Each of the following occurrences or events for the
purpose of this Ordinance is hereby declared to be an event of default (an "Event of Default"):
(i) the failure to make payment of the principal of or interest on any of the Certificates when
the same becomes due and payable; or
(ii) default in the performance or observance of any other covenant, agreement or obligation
of the Issuer, the failure to perform which materially, adversely affects the rights of the
Registered Owners, including, but not limited to, their prospect or ability to be repaid in
accordance with this Ordinance, and the continuation thereof for a period of 60 days after
notice of such default is given by any Registered Owner to the Issuer.
Section 22. REMEDIES FOR DEFAULT. (a) Upon the happening of any Event of Default,
then and in every case, any Registered Owner or an authorized representative thereof, including, but
not limited to, a trustee or trustees therefor, may proceed against the may proceed against the Issuer
or the Town Council of the Issuer, as appropriate for the purpose of protecting and enforcing the
rights of the Registered Owners under this Ordinance, by mandamus or other suit, action or special
proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by
law, including the specific performance of any covenant or agreement contained herein, or thereby
to enjoin any act or thing that may be unlawful or in violation of any right of the Registered Owners
hereunder or any combination of such remedies.
(b) It is provided that all such proceedings shall be instituted and maintained for the equal
benefit of all Registered Owners of Certificates then outstanding.
Section 23. REMEDIES NOT EXCLUSIVE. (a) No remedy herein conferred or reserved
is intended to be exclusive of any other available remedy or remedies, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy given hereunder or under
the Certificates or now or hereafter existing at law or in equity; provided, however, that
notwithstanding any other provision of this Ordinance, the right to accelerate the debt evidenced by
the Certificates shall not be available as a remedy under this Ordinance.
27
(b) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver
of any other available remedy.
(c) By accepting the delivery of a Certificate authorized under this Ordinance, such
Registered Owner agrees that the certifications required to effectuate any covenants or
representations contained in this Ordinance do not and shall never constitute or give rise to a
personal or pecuniary liability or charge against the officers, employees or trustees of the Issuer or
the Town Council of the Issuer.
Section 24. DESIGNATION AS QUALIFIED TAX-EXEMPT OBLIGATIONS. The Issuer
hereby designates the Certificates as "qualified tax-exempt obligations" as defined in section
265(b)(3) of the Code, conditioned upon the Underwriters (as defined below) certifying that the
aggregate initial offering price of the Certificates to the public (excluding any accrued interest) is
no greater than $10 million (or such higher amount permitted by such section 265 of the Code).
Assuming such condition is met, in furtherance of such designation, the Issuer represents, covenants
and warrants the following: (a) that during the calendar year in which the Certificates are issued, the
Issuer (including any subordinate entities) has not designated nor will designate Certificates, which
when aggregated with the Certificates, will result in more than $10,000,000 (or such higher amount
permitted by such section 265 of the Code) of "qualified tax-exempt obligations" being issued; (b)
that the Issuer reasonably anticipates that the amount of tax-exempt obligations issued during the
calendar year in which the Certificates are issued, by the Issuer (or any subordinate entities) will not
exceed $10,000,000 (or such higher amount permitted by such section 265 of the Code); and, (c) that
the Issuer will take such action or refrain from such action as necessary, and as more particularly
set forth in this Section, in order that the Certificates will not be considered "private activity bonds"
within the meaning of section 141 of the Code.
Section 25. EFFECTIVE DATE. In accordance with the provisions of V.T.C.A.,
Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its
adoption by the Town Council.
Section 26. APPROPRIATION. There is hereby appropriated for transfer into the Interest
and Sinking Fund, from available funds of the Issuer, moneys sufficient to pay the interest coming
due on the Certificates on ____________.
A-1
Exhibit A
Continuing Disclosure Information
The following information is referred to in Section 16(a) of this Ordinance:
Annual Financial Statements and Operating Data
The financial information and operating data with respect to the Issuer to be provided annually in
accordance with such Section are as specified (and included in the Appendices of the Official
Statement referred to) below:
The quantitative financial information and operating data pertaining to the Issuer of the general type
included in Tables numbered 1 through 5 and 7 through 14 and in Appendix B to the Official
Statement.
The financial statements of the Issuer that will be provided will be unaudited, unless an audit is
performed, in which event the audited financial statements will be made available.
Accounting Principles
The accounting principles referred to in such Section are the accounting principles described in the
notes to the financial statements that are attached to the Official Statement as Appendix C, or such
other accounting principles as the Issuer may be required to employ from time to time pursuant to
state law or regulation.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Mike Land, Town Manager
Frank E. Jaromin, P.E., Director of Public Works
Michael Bulla, CIP Project Manager
Re: Town Council Meeting – June 26, 2012
Date: June 21, 2012
Agenda Item:
Consider and act upon Change Order #1 to Freese and Nichols, Inc., for the Custer Road Pump
Station Improvements Project.
Description of Agenda Item:
The Custer Road Pump Station was designed in 2005/2006 with three (3) pumps installed
initially and slots for three (3) future pumps.
CoServ is the electric utility that owns and operates the electric infrastructure that serves the
pump station. A required step during the pump station design is to verify the electric motor
starting restrictions the utility will impose on the pump motors. These restrictions are sometimes
needed to keep the pumps from adversely affecting the electrical distribution system causing
such things as flickering lights when the pumps kick on. There are typically two things that can
be done to address utility motor restrictions; (1) Reduced Voltage Soft Starters (RVSS) or (2)
Variable Frequency Drives (VFD). Both of these devices reduce the inrush current experienced
when a pump motor kicks on, however, the VFD provides the greatest reduction in inrush
current. The capital cost associated with VFDs is typically significantly more than RVSSs as
well as the VFDs typically are physically larger than RVSSs and hence require larger electrical
areas in pump stations.
At the time of original design, the motor restrictions imposed by CoServ were not severe enough
to require VFDs, therefore RVSSs were installed to meet the restrictions. In addition, the
electrical room was sized to house three (3) future RVSSs to start the future pumps. The scope
for the current design contract assumed RVSSs would still be required and the existing
electrical room would house the proposed soft starters.
During the current design, CoServ was contacted to discuss the addition of the proposed 400-
HP pumps. During these discussions the Consultant was informed that Coserve’s motor
restrictions had become more restrictive since the original design and now the inrush current
limitations can only be met with the use of VFDs. This requirement has triggered several
changes in the design; (1) electrical design of the VFDs electronics, instrumentation, and
programming and (2) design of an electrical room expansion to the pump station building
including structural, electrical, architectural, and HVAC design. The impact to the construction
estimate due to the addition of VFDs is an approximate increase of $450,000.
ENGINEERING
Prosper is a place where everyone matters.
Page 2 of 2
The requested additional amount for these additional design services is a not to exceed time
and materials amount of $43,000. This fee includes up to $7,000.00 for structural design
including the foundation, precast wall panels, structural steel, etc., $2,200 for design of the FM-
200 fire suppression system, $2,950 for HVAC design for the new electrical building, $24,350
for architectural design including demo plans, building connecting details, roof plans, floor plans,
door schedule elevation and sections, and $6,500 for additional electrical design effort involved
with the VFDs.
Budget Impact:
The $43,000 for the design is to be funded by the Water Impact Fee Fund.
Legal Obligations and Review:
No legal review of this request by the Town’s attorney is required.
Attached Documents:
The following documentation is being provided for review:
1. Change Order #1
2. Custer Road Pump Station Site Plan
Town Staff Recommendation:
Town staff recommends that the Town Council approve Change Order #1 to Freese and
Nichols, Inc., in an amount not to exceed $43,000 for the Custer Road Pump Station
Improvements Project.
Order of September 15, 2012 Special Election Page 1
611605.1
TOWN OF PROSPER, TEXAS RESOLUTION NO._______________
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
COLLIN AND DENTON COUNTIES, TEXAS, ORDERING A SPECIAL
ELECTION TO FILL THE VACANCY CREATED IN TOWN COUNCIL
PLACE 1 FOR THE REMAINDER OF THE CURRENT TERM;
DESIGNATING EARLY VOTING LOCATIONS; ORDERING NOTICES OF
ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION
WITH SUCH ELECTION; AND PROVIDING FOR THE APPOINTMENT OF
ELECTION JUDGES
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, THAT:
SECTION 1: A special election is hereby ordered to be held on Saturday, September 15, 2012,
for the purpose of electing an individual to fill the vacancy created in Town Council Place 1 for the
remainder of the current term (thru May 2013).
Said Election shall be administered by the Denton County Elections Administrator.
SECTION 2: Early voting by personal appearance shall be available at: Prosper Municipal
Chambers, 108 W. Broadway, Prosper, Texas 75078; or at the Denton County Elections Office, Joseph
A. Carroll Bldg., 401 W. Hickory, Ste. 125, Denton, Texas 76201. Early voting will begin on
Wednesday, August 29, 2012, thru Friday, September 7, 2012, during the normal weekday working
hours of 8:00 a.m. to 5:00 p.m., with extended voting hours on Saturday, September 10, 2012, and
Sunday, September 11, 2012, from 7:00 a.m. to 7:00 p.m. Applications for ballot by mail shall be
requested from and mailed to the Denton County Elections Office, Attn. Frank Phillips, Elections
Administrator, Joseph A. Carroll Bldg., 401 W. Hickory, Ste. 125, Denton, Texas 76201. Applications
for ballots by mail must be received no later than the close of business on the seventh (7th) day before
election day.
SECTION 3: Direct Record Electronic (DRE) voting machines shall be used in this election for
early voting by personal appearance and Election Day voting. Optical-scan ballots shall be used for
early voting by mail.
SECTION 4: The Town Secretary is hereby authorized and directed to publish and/or post, in
the time and manner prescribed by law, all notices required to be so published and/or posted in
connection with the conduct of this election. The election, including providing notice of the election,
shall be conducted in accordance with the Texas Election Code and other applicable law, and all
resident qualified and registered voters of the Town shall be eligible to vote at the election.
SECTION 5: Upon the receipt of recommendations from the Town Secretary and/or the
Denton County Elections Administrator, the Town Council shall appoint the early voting and Election
Day judges.
In the event the appointed judges are unable to execute or complete their duties for any reason,
the Town Secretary and/or Denton County Elections Administrator may identify alternate judges that
the Town Council shall appoint as soon as possible.
Order of September 15, 2012 Special Election Page 2
611605.1
The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney, are
hereby authorized and directed to take any and all actions necessary to comply with the provisions of the
Texas Election Code and any other state or federal law in carrying out and conducting the election,
whether or not expressly authorized herein.
DULY PASSED AND APPROVED by the Town Council of the Town of Prosper, Collin, and
Denton Counties, Texas on this the 26th day of June, 2012.
___________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Amy Piukana, Town Secretary
1701 N MARKET STREET, SUITE 500, LB 51 | DALLAS, TEXAS 75202-2001 | TELEPHONE: 214-217-2200 | FAX: 214-217-2201
H:\2012 Agenda Packets\20120626\Change Order 1, Freese Nichols Pump Station\Contract Change Authorization Form.docx
Client: Town of Prosper
P.O. Box 307
Prosper, TX 75078
Attn: Mike Land
FNI Project No.: PRP12100
Client Contract Ref.: Professional
Services Agreement Dated December 12,
2011
Date: June 20, 2012
Project Description: Custer Road Pump Station Improvements
Description of Services Added:
During the current design, Coserve was contacted to discuss the addition of the proposed 400-HP pumps.
During these discussions the Consultant was informed that Coserve’s motor restrictions had become more
restrictive since the original design and now the inrush current limitations can only be met with the use of
VFDs. This requirement has triggered several changes in the design; (1) electrical design of the VFDs
electronics, instrumentation, and programming and (2) design of an electrical room expansion to the pump
station building including structural, electrical, architectural, and HVAC design. The impact to the
construction estimate due to the addition of VFDs is an approximate increase of $450,000.
The requested additional amount for these additional design services is a not to exceed time and materials
amount of $43,000. This fee includes up to $7,000.00 (47 hours) for structural design including the
foundation, precast wall panels, structural steel, etc., $2,200 (15 hours) for design of the FM-200 fire
suppression system, $2,950 (24 hours) for HVAC design for the new electrical building, $24,350 (173 hours)
for Architectural design including demo plans, building connecting details, roof plans, floor plans, door
schedule elevation and sections, and $6,500 (40 hours) for additional electrical design effort involved with
the VFDs.
Deliverables:
All design changes including additional plan sheets and specifications will be incorporated into the
construction documents.
Compensation shall be adjusted as follows:
Special Services - Hourly Not To Exceed:
Electrical Building Addition $43,000
TOTAL $43,000
Original Contract
Basic Services
Special Services
Total Contract
$287,470.00
$ 19,225.00
$306,695.00
Change Order #1 (Current Amendment)
Basic Services
Special Services
Total This Amendment
$0.00
$43,000.00
$43,000.00
Revised Total Contract
Basic Services
Special Services
Total Contract
$287,470.00
$62,225.00
$349,695.00
Schedule shall be adjusted as follows:
There is no adjustment to the schedule.
CONTRACT CHANGE AUTHORIZATION FORM
Amendment #1
1701 N MARKET STREET, SUITE 500, LB 51 | DALLAS, TEXAS 75202-2001 | TELEPHONE: 214-217-2200 | FAX: 214-217-2201
H:\2012 Agenda Packets\20120626\Change Order 1, Freese Nichols Pump Station\Contract Change Authorization Form.docx
The above described services shall proceed upon return of this Contract Change Authorization.
Services will be billed as they are done. All other provisions, terms, and conditions of the agreement for
services which are not expressly amended shall remain in full force and effect.
A contract modification will be submitted.
This Contract Change Order Authorization will serve as contract modification.
FREESE AND NICHOLS, INC.: Town of Prosper:
BY: BY:
Jeff Payne, P.E. Mike Land
Print or Type Name Print or Type Name
TITLE: Principal TITLE: Town Manager
DATE: June 20, 2012 DATE:
90% SUBMITTAL