09.11.2012 Town Council PacketPage 1 of 3
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1. Call to Order / Roll Call.
2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag.
3. Announcements of dates and times of upcoming community events.
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.)
4. MINUTES, RESOLUTIONS AND OTHER ITEMS
4a. Consider and act upon minutes from the following Council meeting(s) (AP)
August 28, 2012 – Regular Town Council Meeting
September 4, 2012 – Special Called Council Meeting
4b. Consider and act upon Resolution No. 12-61, entering into contract with Denton
County Elections Administration for a November 6, 2012 Special Local Option
Election for the sale of All Alcoholic Beverages for off-premise consumption only.
(AP)
4c. Consider and act upon Resolution No. 12-62, authorizing a contract with Collin
County Elections Administration for a November 6, 2012 Special Local Option
Election for the sale of All Alcoholic Beverages for off-premise consumption only.
(AP)
4d. Consider and act upon 1) an Interlocal Agreement between Collin County and the
Town of Prosper for the Creek Crossing Community Park Land Acquisition and 2)
Resolution No. 12-63, authorizing the Town Manager to execute the same. (WH)
4e. Consider and act upon Resolution No. 12-65, ratifying the Interim Town Manager’s
Execution of the letter terminating the water impact fee agreement between Pioneer Concrete
of Texas, Inc. (FJ)
4f. Consider and act upon 1) a Change Order 001 with Quality Excavation, LTD and the Town of
Prosper regarding the Prosper Road Improvement Project 2012, Prosper Trail (Coit Road to
Custer Road) and 2) Resolution No. 12-66, authorizing the Interim Town Manager to execute
the same. (FJ)
AGENDA
Regular Meeting of the Prosper Town Council
Prosper ISD Administration Board Room
605 E 7th Street, Prosper, Texas
Tuesday, September 11, 2012
Meeting begins at 6:00 p.m.
Page 2 of 3
5. 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:
6. A public hearing to consider and act upon a request to rezone 4.3± acres, located on the southeast
corner of Hays Road and Highpoint Drive, from Agricultural (A) to Planned Development-Office
(PD-O). (Z12-0005) (CC)
7. A public hearing to consider and discuss the Fiscal Year 2012-2013 Budget as proposed. (LD)
8. A public hearing to consider and discuss a proposal to increase total tax revenues from properties
on the tax roll in the preceding year by 1.75 percent. (LD)
DEPARTMENT ITEMS:
9. Consider and act upon adopting Ordinance No. 12-25, amending Special Events and Temporary
Outdoor Seasonal Sales permit requirements. (GM)
10. Appointment of Board & Commission Members to the Library Board, Economic Development
Corporation, Planning & Zoning Commission, Board of Adjustment/Construction Board of Appeals
and Parks & Recreation Board. (AP)
11. Discuss and provide direction concerning park land dedication and park improvement fee
requirements for the Brookhollow and Meadowbrook developments. (HW)
12. EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as
authorized by the Texas Open Meetings Act to deliberate regarding;
12a. Section (GC 551.072) To deliberate regarding the acquisition of approximately 70 acres of
land generally located at First Street and Coit Road.
Page 3 of 3
13. To reconvene in Regular Session and take any action necessary as a result of the Closed Session.
14. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
15. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place
convenient and readily accessible to the general public at all times, and said notice was posted at least 72 hours before said meeting was convened.
_________________________________ ________________ ____________________
Amy Piukana, TRMC
Town Secretary Date Notice Posted Date Notice 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.
Page 1 of 4
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1. Call to Order / Roll Call.
Council Members present: Mayor Ray Smith, Mayor Pro Tem Meigs Miller, Deputy Mayor Pro Tem
Kenneth Dugger, Council Member Jason Dixon, Council Member Danny Wilson and Council
Member Curry Vogelsang.
Absent: None
Staff Members present: Lyle Dresher, Interim Town Manager; Amy Piukana, Town Secretary;
Matthew Garrett, Finance Director; Hulon Webb, Development Director; Chris Copple, Planning
Director; Kirk McFarlin, Police Chief.
2. Pastor John Fowler led the Invocation. The Pledge of Allegiance, and Pledge to the Texas Flag were
given.
3. Announcements of dates and times of upcoming community events. Deputy Mayor Pro Tem Dugger
announced the following:
o Community picnic at Frontier Park - September 9, 2012
o Early voting is August 29th-August 31st and September 4th - 7th from 8 a.m. – 5 p.m.
o Extended Voting Hours are September 10th - 11th from 7 a.m. - 7 p.m.
o Cory Ausenbaugh Memorial 5k and Fun Run at Frontier Park – October 13, 2012
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.)
Council Member Dixon pulled agenda items 4c, 4d, and Deputy Mayor Pro Tem Dugger pulled
Agenda Item 4e off the consent agenda to allow discussion.
4. MINUTES, RESOLUTIONS AND OTHER ITEMS
4a. Consider and act upon minutes from the following Council meeting(s) (AP)
August 14, 2012 – Regular Town Council Meeting
4b. Consider and act upon Resolution No. 12-59, amending Resolution No. 12-54
ordering a Special Election to fill the vacancy in Town Council Place 1 for
remainder of the current term to revise the early voting extended hour days; and
providing for an effective date. (AP)
Minutes
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, August 28, 2012
Council Meeting
6:00 p.m.
Page 2 of 4
4f. Consider and act upon July 31, 2012 monthly Financials Statements. (MG)
Deputy Mayor Pro Tem Dugger made a motion to approve Consent Items 4a, 4b and 4f, as
presented. Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 6-0.
4c. Consider and act upon Ordinance No. 12-23 amending Ordinance #09-099 establishing a new
school zone for Cockrell Elementary. Chief McFarlin was present to answer any questions.
Curry asked if the 200 ft. distance was appropriate for traffic at Cockrell Elementary. Chief
McFarlin explained that it currently works very well. Deputy Mayor Pro Tem Dugger asked
if the school or Town is responsible for the flashing lights at the school zones. Chief
McFarlin stated the flashing school zone signs are the Town’s responsibility.
4d. Consider and act upon Memorandum of Understanding (MOU) by and between the Town of
Prosper, Texas Police Department and the Prosper Independent School District Police
Department. Chief McFarlin was present to answer any questions. Council Member
Vogelsang asked about Item 4 in the staff memo regarding the sharing of information required
by State and Federal Law, regarding the need to know basis. He asked if PISD has a violation
on campus, are they required to notify Prosper Police. Chief explained that they are not
required to notify us, however we are sharing dispatch services, therefore; a good partnership
and communication will be accomplished with this agreement. Chief noted that Prosper
Police will contact and coordinate with the Prosper ISD Police Department should any
juvenile arrest or investigation occurs at the schools.
Deputy Mayor Pro Tem Dugger made a motion to approve Item 4d, the Memorandum of
Understanding between the Prosper Police Department and Prosper ISD Police Department
with the correction of numbering. Motion seconded by Council Member Dixon. Motion
approved by vote of 6-0.
Mayor Smith recused himself from the meeting due to a possible conflict of interest.
4e. Consider and act upon Ordinance No. 12-24, rezoning 10.6± acres, located on the northwest
corner of Custer Road and Prosper Trail, from Agricultural (A) to Planned Development-
Office (PD-O). (Z12-0007) Planning Director Chris Copple was present to answer any
questions.
Mayor Pro Tem Miller made a motion to approve Item 4e, as presented. Motion seconded by
Deputy Mayor Pro Tem Dugger. Motion approved by vote of 5-0.
Mayor Smith returned to the meeting.
5. 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 –
Ken Weaver spoke regarding Agenda Item 8b and asked if the Town is purchasing 1,000 acres, and if
a public hearing would occur prior to the decision to purchase.
Page 3 of 4
Mayor Smith explained that Item 8b is an Executive Session item and that if any action is taken as a
result of Executive Session, it will be announced in open meeting.
6. DEPARTMENT ITEM
Discussion and update regarding the First Street Improvements (Preston Road to Coit Road) and Coit
Road Improvements (First Street to US 380) projects. Development Director Hulon Webb briefed
Council regarding the Road Improvements. Council Member Dixon asked about the sidewalk at
Rogers School and noted he had received complaints regarding a hole in the walkway. Mr. Webb
explained that the Town will clean up and resolve the issues. Council Member Vogelsang asked if
the Town inspects the utility right of ways. Mr. Webb explained that the Town does not currently
have an inspector; however, Public Works has budgeted for this position to cover these issues.
Council Member Vogelsang had questions regarding underground and overhead utility lines. Mr.
Webb explained underground utilities are mainly located underground. Mr. Webb explained that
utilities are deregulated which gives utility companies the flexibility to use overhead lines in right of
ways. Mr. Webb noted that Coit Road and First Street should be completed by summer 2013.
Deputy Mayor Pro Tem Dugger thanked the Public Works staff for their efforts with the Prosper
Trail Road Project. Council Member Vogelsang asked to review the Towns franchise agreements
with the utility companies. Mr. Webb explained these types of agreements are regulated through the
Public Utility Commission. Mr. Webb explained that communication companies are not required to
do a franchise agreement and that the right of way management agreement has worked best.
No action was taken on this item.
7. Consider and act upon opting in or opting out of the Denton County program to spray for the West
Nile Virus. Interim Town Manager Lyle Dresher briefed Council regarding this item. Mr. Dresher
explained that Denton County is offering an aerial spraying program for the Denton County portion
of Prosper only. Mr. Dresher noted that this is a Federally Mandated program and the Town will not
incur cost.
The following citizens filled out a citizen speaker request form:
Resident Anne Lieber asked Council what pesticide is being proposed.
Resident Kelly Cooper asked about the difference between aerial and ground spraying, stating she has
concerns with killing good insects and noted that Prosper has a heavy agriculture area and urged
Council to take that into consideration. Ms. Cooper urged staff to educate and inform citizens about
exercising caution and prevention.
Resident John Meirs cautioned Council about an article he read regarding mosquito spray damaging
automobile paint.
Resident Ernie Sanders urged Council to visit a website citybugs@pamu.ed/2012/08/14, which lists
all the potential threats and risks of environmental impacts on citizens.
Mr. Dresher explained that the aerial spray being used is Deet Spray and that more information can
be obtained through the Denton County Health Department website at
www.dentoncounty.com/heart/wnv. Deputy Mayor Pro Tem Dugger read the frequently asked
questions out loud to the audience from the Denton County Health Department’s website.
After discussion, Council Member Dixon made a motion to enter into the Denton County program to
spray for the West Nile Virus. Motion seconded by Deputy Mayor Pro Tem Dugger. Motion
approved by vote of 6-0.
Page 4 of 4
8. EXECUTIVE SESSION
Mayor Pro Tem Miller made a motion to recess into Executive Session at 7:03 p.m. Motion
seconded by Council Member Wilson. Motion approved by vote of 6-0.
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;
8a. Section (GC 551.074) To deliberate the appointment, employment and/or duties of the Town
Manager.
8b. Section (GC 551.072) To deliberate regarding the purchase of approximately 1,000 acres of
land generally located south of Prosper Trail, east of the BNSF railroad, west of Custer and
north of Highway 380.
Council Member Dixon left the meeting at 7:35 p.m.
Deputy Mayor Pro Tem Dugger made a motion to reconvene into regular session at 8:00 p.m.
Motion seconded by Council Member Wilson. Motion approved by vote of 5-0.
9. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. No
action was taken as a result of Executive Session.
10. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. No action was
taken on this item.
11. Adjourn – Deputy Mayor Pro Tem Dugger made a motion to adjourn. Motion seconded by Council
Member Wilson. Motion approved by vote of 5-0. Meeting adjourned at 8:01 p.m.
APPROVED:
___________________________________
Ray Smith, Mayor
ATTEST:
_______________________________
Amy M. Piukana, TRMC
Town Secretary
Page 1 of 3
]
1. Call to Order / Roll Call.
Council Members present: Mayor Ray Smith, Mayor Pro Tem Meigs Miller, Council Member Jason
Dixon, Council Member Danny Wilson and Council Member Curry Vogelsang.
Absent: Deputy Mayor Pro Tem Kenneth Dugger
Staff Members present: Lyle Dresher, Interim Town Manager; Amy Piukana, Town Secretary;
Matthew Garrett, Finance Director; Hulon Webb, Development Director; Frank Jaromin, Public
Works Director; Ronnie Tucker, Fire Chief; Kirk McFarlin, Police Chief.
2. Council Member Vogelsang led the Invocation. The Pledge of Allegiance, and Pledge to the Texas
Flag were given.
3. Announcements of dates and times of upcoming community events. Mayor Pro Tem Miller
announced the following:
o Community picnic at Frontier Park - September 9, 2012
o Early Voting September 4th - 7th from 8 a.m. – 5 p.m.
o Extended Voting Hours are September 10th - 11th from 7 a.m. - 7 p.m.
o Cory Ausenbaugh Memorial 5k and Fun Run at Frontier Park – October 13, 2012
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.)
4. Other Comments by the Public – No citizens wished to speak on this item.
Mayor Smith skipped to Agenda Item No. 7.
DEPARTMENT ITEMS
7. Consider and act upon a consulting agreement with Chris Hartung Consulting relating to the
recruitment and employment of the new Town Manager. Interim Town Manager Lyle Dresher
briefed Council regarding this item noting the Town received several bids from consultants; however
Chris Hartung Consulting has the necessary qualifications, experience and abilities to provide
services to the Town Council.
Special Minutes
Special Meeting of the Prosper Town Council
Prosper ISD Administration Board Room
605 E. 7th Street, Prosper, Texas
Tuesday, September 4, 2012
Council Meeting
6:00 p.m.
Page 2 of 3
Council Member Dixon made a motion to approve a consulting agreement with Chris Hartung
Consulting relating to the recruitment and employment of the new Town Manager. Motion seconded
by Council Member Wilson. Motion approved by vote of 5-0.
REGULAR AGENDA
(If you wish to address the Council during the regular agenda portion of the meeting, please fill out a
“Speaker Request Form” and present it to the Town Secretary prior to the meeting. Citizens wishing
to address the Council for items listed as public hearings will be recognized by the Mayor.
Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case
basis, at the discretion of the Mayor and Town Council.)
PUBLIC HEARINGS
5. A public hearing to consider and discuss the Fiscal Year 2012-2013 Budget as proposed. Interim
Town Manager Lyle Dresher presented a brief PowerPoint presentation. Mr. Dresher presented a
General Fund summary presentation with General Fund Revenue Sources, General Fund
Enhancements, General Fund Appropriations, Water/Sewer Fund Revenue, Water/Sewer Fund
appropriations, Position Summary Chart, Average Home Owner Taxable Values with effective Tax
Rate verses a Rollback Rate noting an increase would be approximately $29 a year at the proposed
rate of .52 Cents. Mr. Dresher explained that the Town is growing and needs more staffing in order
to be efficient and effective in providing citizens service.
Council Member Dixon left the meeting at 6:45 p.m.
Mayor Pro Tem Miller made a motion to open the Public Hearing. Motion seconded by Council
Member Wilson. Motion approved by vote of 4-0.
The following citizens were present in support and/or opposition to the public hearing:
Resident Ken Weaver had concerns with the Parks Department budget of $500 k annually with
includes personnel of 10 employees. Mr. Weaver urged Council to add more line item details to the
online version of the Budget. Mr. Weaver recommended Council adopt the Rollback Rate of
$0.511076 versus the Current Rate of $0.52 cents stating that this rate would reduce tax revenues by
$115 K and ultimately offset additional Town Personnel associated with new property added to the
tax rolls. In his opinion, it would also offset the increased cost of water to residents and demonstrate
that the Town is serious about holding the line on real increases in property tax bills.
After discussion, Mayor Pro Tem Miller made a motion to close the Public Hearing. Motion
seconded by Council Member Wilson. Motion approved by vote of 4-0.
6. A public hearing to consider and discuss a proposal to increase total tax revenues from properties on
the tax roll in the preceding year by 1.75 percent. Interim Town Manager Lyle Dresher briefed
Council regarding this item. Mr. Dresher discussed property valuations, 2012 Certified Tax Values,
and he discussed a property tax rate comparison chart reviewing 2011 Tax Rates from surrounding
cities.
Mayor Pro Tem Miller made a motion to open the Public Hearing. Motion seconded by Council
Member Wilson. Motion approved by vote of 4-0.
Page 3 of 3
Resident Ken Weaver recommended Council adopt the Rollback Rate of $0.511076 explaining that a
rollback would make a great marketing tool, which would ultimately have a ripple effect, increasing
population and increasing home sales in Prosper. Mr. Weaver noted there is room in the Budget to
reduce the property tax rate and still maintain fiscal responsibilities.
Resident Kelly Cooper spoke stating she agrees with Ken Weaver’s recommendations, noting
decreasing the rate will assist families with increased water/sewer costs and promote EDC growth.
Ms. Cooper urged Council to adopt the rollback rate of $0.511076.
Council Member Wilson made a motion to close the Public Hearing. Motion seconded by Council
Member Vogelsang. Motion approved by vote of 5-0.
Mayor Smith explained that this is the first of two public hearings to discuss the proposed tax rate.
The second public hearing will be held on September 11, 2012 at 6:00 pm at the Prosper ISD
Administration Board Room located at 605 E 7th Street, Prosper, Texas. The Town Council will vote
on both the proposed budget and the proposed tax rate at a meeting scheduled on September 25, 2012
at 6:00 pm located at the Town of Prosper Municipal Chambers at 108 W. Broadway, Prosper TX.
8. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. No action was
taken on this item.
9. Adjourn- Mayor Pro Tem Miller made a motion to adjourn the meeting. Motion seconded by
Council Member Wilson. Motion approved by vote of 4-0.
Meeting adjourned at 7:02 p.m.
APPROVED:
___________________________________
Ray Smith, Mayor
ATTEST:
_______________________________
Amy M. Piukana, TRMC
Town Secretary
Page 1 of 1
To: Mayor and Town Council
From: Amy Piukana, Town Secretary
CC: Mike Land, Town Manager
Re: Town Council Meeting – September 11, 2012
Date: September 6, 2012
Agenda Item:
Consider and act upon Resolution No. 12-61, authorizing a contract pursuant to Texas Election
Code Sections 31.092 for a Special Local Option Election on November 6, 2012 to be
administered by Frank Phillips, Denton County Elections Administrator.
Description of Agenda Item:
Town of Prosper will hold an Election with Denton County in accordance with the Texas Election
Code and this agreement. The Denton County Elections Administrator shall coordinate,
supervise, and handle all aspects of administering the Election for Denton County Voters in
Prosper as provided in this agreement. Town of Prosper agrees to pay the Denton County
Elections Administrator for equipment, supplies, services, and administrative costs as provided
in this agreement. The Denton County Elections Administrator shall serve as the administrator
for the Denton County Election. The Elections Administrator shall provide advisory services in
connection with decisions to be made and actions to be taken by the officers of the participating
authority as necessary.
Attached Documents:
Resolution No. 12-61
Denton County Elections Cost Worksheet
Town Staff Recommendation:
Town staff recommends that the Town Council approve Resolution No. 12-61, authorizing a
contract for a November 6, 2012 Special Local Option Election to be administered by
Denton County Elections Administrator.
Prosper is a place where everyone matters.
ADMINISTRATION
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-61
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY ENTERS INTO CONTRACT WITH DENTON COUNTY ELECTIONS
ADMINISTRATION FOR ELECTION SERVICES FOR A NOVEMBER 6, 2012
SPECIAL LOCAL OPTION ELECTION, AUTHORIZING THE TOWN MANAGER TO
EXECUTE THE SAME.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town of Prosper, Texas, hereby agrees to enter into a contract
with Denton County Elections Administration for Election Services.
SECTION 2: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, an
agreement with Denton County Elections Administration, as hereto attached.
SECTION 3: This Resolution shall take effect on September 11, 2012.
RESOLVED THIS THE 11h day of September, 2012.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
Page 1 of 8
THE STATE OF TEXAS
COUNTY OF DENTON
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
THIS CONTRACT for election services is made by and between the Denton County Elections Administrator and
the following political subdivisions located entirely or partially inside the boundaries of Denton County:
City of Aubrey
City of Dallas
City of Denton
City of Frisco
City of Justin
Town of Prosper
City of Sanger
Town of Trophy Club
Northwest Independent School District
Belmont Fresh Water Supply District No. 1
Belmont Fresh Water Supply District No. 2
Canyon Falls MUD 1
Canyon Falls WCID 2
This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code
Section 11.0581 for a joint November 6, 2012 election to be administered by Frank Phillips, Denton County Elections
Administrator, hereinafter referred to as “Elections Administrator.”
RECITALS
Each participating authority listed above plans to hold a Special Election on November 6, 2012.
Denton County plans to hold county-wide voting for a General Election.
The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1),
which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and
is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section
61.012. The contracting political subdivisions desire to use the County’s electronic voting system , to compensate the
County for such use, and to share in certain other expenses connected with joint elections, in accordance with the
applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS
AGREED as follows:
I. ADMINISTRATION
The parties agree to hold a “Joint Election” with Denton County and each other in accordance with Chapter 271 of
the Texas Election Code and this agreement. The Denton County Elections Administrator shall coordinate, supervise,
and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority
agrees to pay the Denton County Elections Administrator for equipment, supplies, services, and administrative costs as
provided in this agreement. The Denton County Elections Administrator shall serve as the administrator for the Joint
Election; however, each participating authority shall remain responsible for the decisions and actions of its officers
necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection
with decisions to be made and actions to be taken by the officers of each participating authority as necessary.
It is understood that other political subdivisions may wish to participate in the use of the County’s electronic
voting system and polling places, and it is agreed that the Elections Administrator may enter into other joint election
agreements and contracts for election services for those purposes, on terms and conditions generally similar to those set
forth in this contract. In such cases, costs shall be pro-rated among the participants according to Section XI of this
contract.
Page 2 of 8
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no
instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the
voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not
overlap.
II. LEGAL DOCUMENTS
Each participating authority shall be responsible for the preparation, adoption, and publication of all required
election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the
participating authority’s governing body, charter, or ordinances, except that the Elections Administrator shall be
responsible for the preparation and publication of all electronic voting equipment testing notices that are required by the
Texas Election Code. Election orders should include language that would not necessitate amending the order if any of
the Early Voting and/or Election Day polling places change.
Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each
participating authority, including translation to languages other than English. Each participating authority shall provide a
copy of their respective election orders and notices to the Denton County Elections Administrator.
The Elections Administrator shall prepare a submission, on behalf of all participating authorities, to the United
States Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Voting
Rights Act of 1965, as amended. The Elections Administrator will provide to each participating authority a photocopy of
the joint submission and any correspondence from the Department of Justice.
The joint submission prepared by the Elections Administrator will not include submission of information for any
special elections held by the participating authorities. Participating authorities are hereby notified and encouraged to
prepare their own submissions to the United States Department of Justice for special election procedures, or any changes
that are specific to their own political subdivision.
By signing this agreement, each participating authority certifies that it has no unresolved precl earance or
voting rights issues known to it that would preclude or delay Department of Justice preclearance of the joint
election.
The Elections Administrator will file an amended submission to the United States Department of Justice in the
event that any polling places are changed after the original submission is filed, including changes resulting from the
withdrawal of one or more participating authorities pursuant to Section XII of this contract.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting
locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections
conducted by the county, and shall be compliant with the accessibility requirements established by Election Code Section
43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this
agreement. In the event a voting location is not available or appropriate, the Elections Administrator will arrange for use
of an alternate location with the approval of the affected participating authorities. The Elections Administrator shall notify
the participating authorities of any changes from the locations listed in Attachment A.
If polling places for the November 6, 2012 joint election are different from the polling place(s) used by a
participating authority in its most recent election, the authority agrees to post a notice no later than November 6, 2012 at
the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the
political subdivision’s polling place names and addresses in effect for the November 6, 2012 election. This notice shall be
written in both the English and Spanish languages.
Page 3 of 8
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each
polling location. The Elections Administrator shall make emergency appointments of election officials if necessary.
Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling
place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of
1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2000 Census
shall have one or more election officials who are fluent in both the English and Spanish languages. If a presiding judge is
not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for
the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating
authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation
services at that polling place.
The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of
Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for
the Joint Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The
Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election
supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his
appointment, the time and location of training and distribution of election supplies, and the number of election clerks that
the presiding judge may appoint.
Each election judge and clerk will receive compensation at the hourly rate established by Denton County pursuant
to Texas Election Code Section 32.091. The election judge, or his designee, will receive an additional sum of $25.00 for
picking up the election supplies prior to Election Day and for returning the supplies and equipment to the central counting
station after the polls close.
Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated
at the rate of $7 an hour.
The Elections Administrator may employ other personnel necessary for the proper administration of the election,
including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during
early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time
personnel working in support of the Early Voting Ballot Board and/or central counting station on election night will be
compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and
127.006.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited
to, the County’s electronic voting system and equipment, official ballots, sample ballots, voter registration lists, and all
forms, signs, maps and other materials used by the election judges at the voting locations. The Elections Administrator
shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those
polling places that do not have tables and/or chairs. The Elections Administrator shall be responsible for conducting all
required testing of the electronic equipment, as required by Chapters 127 and 129 of the Texas Election Code.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance
shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is
ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap.
The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other
information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a
proper election.
Page 4 of 8
Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions
showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official
ballot (including titles and text in each language in which the authority’s ballot is to be printed). Each participating
authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority’s candidates
and/or propositions. Each participating authority shall be responsible for proofing and approving the audio recording of
the ballot insofar as it pertains to that authority’s candidates and/or propositions.
The joint election ballots that contain ballot content for more than one joint participant because of overlapping
territory shall be arranged with the appropriate school district ballot content appearing on the ballot first, followed by the
appropriate city ballot content, followed by the appropriate water district ballot content, followed by the county’s general
election.
Early Voting by Personal Appearance shall be conducted exclusively on Denton County’s eSlate electronic voting
system. On Election Day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper
ballot that is scanned at the polling place using Denton County’s eScan voting system, unless the size of the ballot forces
it to two pages, then they will only have use of the eSlate electronic voting system.
The number of paper ballots printed for Election Day voting shall be, at a minimum, equal to the same Election
Day turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per
polling place or precinct adjusted upward to end in a number divisible by 50.
The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment
for the election as required by the Election Code.
The Elections Administrator shall conduct criminal background checks on the relevant employees upon hiring as
required by Election Code 129.051(g).
VI. EARLY VOTING
The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the
Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating
authority agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The
participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to
assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be
compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy
early voting clerks who are permanent employees of the Denton County Elections Administrator or any participating
authority shall serve in that capacity without additional compensation.
Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment “B” of this
document. Any qualified voter of the Joint Election may vote early by personal appearance at any one of the joint early
voting locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by
mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted
by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections
Administrator for processing. The address of the Early Voting Clerk is as follows:
Frank Phillips, Early Voting Clerk
Denton County Elections
PO Box 1720
Denton, TX 76202
The Elections Administrator shall provide each participating authority a copy of the early voting report on a daily
basis and a cumulative final early voting report following the election. In accordance with Section 87.121(g) of the
Page 5 of 8
Election Code, the daily reports showing the previous day’s early voting activity will be distributed to each participating
authority no later than 9:00 AM each business day. This will be accomplished by Denton County posting the daily reports
on its website.
VII. EARLY VOTING BALLOT BOARD
Denton County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint
Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional
members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to
efficiently process the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the central counting station to
receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this
agreement.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas
Election Code, appoint the following central counting station officials:
Counting Station Manager: Frank Phillips, Denton County Elections Administrator
Tabulation Supervisor: Eric Leija, Denton County Technical Operations Manager
Presiding Judge: Jason Barnett, Denton County Deputy Elections Administrator
Alternate Judge: Paula Paschal, Denton County Contract Manager
The counting station manager or his representative shall deliver timely cumulative reports of the election results
as precincts report to the central counting station and are tabulated. The manager shall be responsible for releasing
unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general
public by distribution of hard copies at the central counting station and by posting to the Denton County web site. To
ensure the accuracy of reported election returns, results printed on the tapes produced by Denton County’s voting
equipment will not be released to the participating authorities at the remote collection sites or by phone from individual
polling locations.
The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and
will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been
tabulated. Each participating authorit y shall be responsible for the official canvass of its respective election(s), and shall
notify the Elections Administrator, or his designee, of the date of the canvass, no later than three days after Election Day.
The Elections Administrator will prepare the electronic precinct-by-precinct results reports for uploading to the
Secretary of State as required by Section 67.017 of the Election Code. Each participating authority agrees to upload
these reports unless requested otherwise.
The Elections Administrator shall be responsible for conducting the post-election manual recount required by
Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies
of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office.
IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY
The Elections Administrator shall administer only the Denton County portion of the elections held by the
participating authorities.
Page 6 of 8
X. RUNOFF ELECTIONS
Each participating authority shall have the option of extending the terms of this agreement through its runoff
election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless
the participating authority notifies the Elections Administrator in writing within 3 business days of the original election.
Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election
Day voting locations in a runoff election. If necessary, any voting changes made by a participating authority between the
original election and the runoff election shall be submitted by the authority making the change to the United States
Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended.
Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the
November 6, 2012 election and to conduct its drawing for ballot positions at or immediately following such meeting in
order to expedite preparations for its runoff election.
Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if
necessary, shall be Saturday, December 8, 2011.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of polling places with Denton County. If a polling location is
shared by more than one participating authority, the costs shall be pro-rated equally among the participants utilizing that
polling place.
Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with
each early voting site. Each participating authority shall be responsible for a pro-rata portion of the actual costs
associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular
(non-temporary) early voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site.
Costs for Early Voting by Mail shall be allocated according to the actual number of ballots mailed to each
participating authority’s voters.
Each participating authority agrees to pay the Denton County Elections Administrator an administrative fee equal
to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code.
The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate
fund(s) within the county treasury in accordance with Election Code Section 31.100.
XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in
accordance with Sections 2.051 - 2.053 of the Texas Election Code.
XIII. RECORDS OF THE ELECTION
The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint
Election as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each participating authority as well as to the public in
accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election
records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county
records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the
records are clearly identifiable and retrievable.
Page 7 of 8
Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of
the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or
open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment,
whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections
Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed
with the participating authority.
XIV. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the
presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the
Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating
authority’s official or employee who performs the duties of a secretary under the Texas Election Code shall serve as
Recount Coordinator.
The Elections Administrator agrees to provide advisory services to each participating authority as necessary to
conduct a proper recount.
XV. MISCELLANEOUS PROVISIONS
1. It is understood that to the extent space is available, other districts and political subdivisions may wish to
participate in the use of the County’s election equipment and voting places, and it is agreed that the
Elections Administrator may contract with such other districts or political subdivisions for such purposes
and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the
participating authorities.
2. The Elections Administrator shall file copies of this document with the Denton County Judge and the
Denton County Auditor in accordance with Section 31.099 of the Texas Election Code.
3. Nothing in this contract prevents any party from taking appropriate legal action against any other party
and/or other election personnel for a breach of this contract or a violation of the Texas Election Code.
4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Denton County, Texas.
5. In the event that one of more of the provisions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local
governments, and any other entities with local jurisdiction.
7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be
construed as a waiver of any subsequent breach.
8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto.
XVI. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authority under the terms of this agreement is listed below.
Each participating authority agrees to pay the Denton County Elections Administrator a deposit of approximately 90% of
this estimated obligation no later than 15 days after the agreement is executed. The exact amount of each participating
Page 8 of 8
authority’s obligation under the terms of this agreement shall be calculated after the November 6, 2012 election (or runoff
election, if applicable), and if the amount of an authority’s total obligation exceeds the amount deposited, the authority
shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the
Elections Administrator. However, if the amount of the authority’s total obligation is less than the amount deposited, the
Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are
calculated.
The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall
be as follows:
Estimated Deposit
Political Subdivision Cost Due
City of Aubrey
City of Dallas
City of Denton
Town of Double Oak
City of Frisco
City of Justin
Town of Prosper
City of Sanger
Town of Trophy Club
Belmont FWSD 1
Belmont FWSD 2
Canyon Falls MUD 1
Canyon Falls WCID 2
Rev. 08.28.2012 3:20 pm
Page 1 of 1
To: Mayor and Town Council
From: Amy Piukana, Town Secretary
CC: Mike Land, Town Manager
Re: Town Council Meeting – September 11, 2012
Date: September 6, 2012
Agenda Item:
Consider and act upon Resolution No. 12-62, authorizing a contract pursuant to Texas Election
Code Sections 31.092 for a Special Local Option Election on November 6, 2012 to be
administered by Sharon Rowe, Collin County Elections Administrator.
Description of Agenda Item:
Town of Prosper will hold an Election with Collin County in accordance with the Texas Election
Code and this agreement. The Collin County Elections Administrator shall coordinate,
supervise, and handle all aspects of administering the Election for Collin County Voters in
Prosper as provided in this agreement. Town of Prosper agrees to pay the Collin County
Elections Administrator for equipment, supplies, services, and administrative costs as provided
in this agreement. The Collin County Elections Administrator shall serve as the administrator for
the Collin County Election. The Elections Administrator shall provide advisory services in
connection with decisions to be made and actions to be taken by the officers of the participating
authority as necessary.
Attached Documents:
Resolution No. 12-62
Collin County Elections Cost Worksheet
Town Staff Recommendation:
Town staff recommends that the Town Council approve Resolution No. 12-62, authorizing a
contract for a November 6, 2012 Special Local Option Election to be administered by
Collin County Elections Administrator.
Prosper is a place where everyone matters.
ADMINISTRATION
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-62
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY ENTERS INTO CONTRACT WITH COLLIN COUNTY ELECTIONS
ADMINISTRATION FOR ELECTION SERVICES FOR A NOVEMBER 6, 2012
SPECIAL LOCAL OPTION ELECTION, AUTHORIZING THE TOWN MANAGER TO
EXECUTE THE SAME.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town of Prosper, Texas, hereby agrees to enter into a contract
with Collin County Elections Administration for Election Services.
SECTION 2: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, an
agreement with Collin County Elections Administration, as hereto attached.
SECTION 3: This Resolution shall take effect on September 11, 2012.
RESOLVED THIS THE 11h day of September, 2012.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
November 6, 2012
Special Election
Contract for Election Services
Town of Prosper
November 6, 2012 Special Election –Town of Prosper
08/24/12 – Page 2
November 6, 2012
Special Election
Table of Contents
I………………………………………………Duties and Services of Contracting Officer
II……………………………………….…………..……….Duties and Services of Town
III……………………….………………………………………………..Cost of Election
IV….…………………………………………………………………..General Provisions
Exhibits
Exhibit A...…………………………………….……Early Voting Schedule and Locations
Exhibit B.….………………………………………………Election Day Polling Locations
Exhibit C…………………………………………………………………..Cost of Services
November 6, 2012 Special Election –Town of Prosper
08/24/12 – Page 3
THE STATE OF TEXAS CONTRACT FOR
COUNTY OF COLLIN §
TOWN OF PROSPER ELECTION SERVICES
BY THE TERMS OF THIS CONTRACT made and entered into by and
between the TOWN OF PROSPER, hereinafter referred to as the "TOWN," and
SHARON ROWE, Elections Administrator of Collin County, Texas, hereinafter referred
to as "Contracting Officer," pursuant to the authority in Subchapter D, Section 31.092, of
Chapter 31, of the Texas Election Code, agree to the following particulars in regard to
coordination, supervision and running of the town's November 6, 2012 Special Election.
THIS AGREEMENT is entered into in consideration of the mutual covenants
and promises hereinafter set out. IT IS AGREED AS FOLLOWS:
I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting
Officer shall be responsible for performing the following duties and shall furnish the
following services and equipment:
A. The Contracting Officer shall arrange for appointment, notification
(including writ of election), training and compensation of all presiding judges, alternate
judges, the judge of the Central Counting Station and judge of the Early Voting Ballot
Board.
a. The Contracting Officer shall be responsible for notification of
each Election Day and Early Voting presiding judge and alternate judge of
his or her appointment. The presiding election judge of each polling place,
will use his/her discretion to determine when additional manpower is
needed during peak voting hours. The Contracting Officer will determine
the number of clerks to work in the Central Counting Station and the
number of clerks to work on the Ballot Board. Election judges shall be
secured by the Contracting Officer.
b. Election judges shall attend the Contracting Officer's school of
instruction (Elections Seminar) to be held Thursday, November 1, 2012, at
the Collin County 380 Courts Bldg., Central Jury Room, 1800 N. Graves
St., McKinney, TX at 2:00 PM.
November 6, 2012 Special Election –Town of Prosper
08/24/12 – Page 4
c. Election judges shall be responsible for picking up from and
returning election supplies to the county election warehouse located at
2010 Redbud Blvd., Suite 102, McKinney. Compensation for this pickup
and delivery of supplies will be $25.00.
d. The Contracting Officer shall compensate each election judge and
worker. Each judge shall receive $12.00 per hour for services rendered.
Each alternate judge and clerk shall receive $10.00 per hour for services
rendered. Overtime will be paid to each person working over 40 hours per
week.
B. The Contracting Officer shall procure, prepare, and distribute voting
machines, election kits and election supplies.
a. The Contracting Officer shall secure election kits which
include the legal documentation required to hold an election and all
supplies including locks, pens, magic markers, etc.
b. The Contracting Officer shall secure all tables, chairs, and legal
documentation required to run the Central Counting Station.
c. The Contracting Officer shall provide all lists of registered voters
required for use on Election Day and for the early voting period required
by law. The Election Day list of registered voters shall be arranged in
alphabetical order by polling place, in lieu of alphabetic by each precinct
in each polling place.
d. The Contracting Officer shall procure and arrange for the
distribution of all election equipment and supplies required to hold an
election.
1. Equipment includes the rental of voting machines, ADA
compliance headphones and keypads (1 per site), transfer cases,
voting signs and tote boxes.
November 6, 2012 Special Election –Town of Prosper
08/24/12 – Page 5
2. Supplies include smart cards, sample ballots, early
voting mail ballots, pens, tape, markers, etc.
C. The Contracting Officer, Sharon Rowe, shall be appointed the Early
Voting Clerk by the Town.
a. The Contracting Officer shall supervise and conduct Early Voting
by mail and in person and shall secure personnel to serve as Early Voting
Deputies.
b. Early Voting by personal appearance for the Town's November 6,
2012, Special Election shall be conducted during the time period and at the
locations listed in Exhibit “A”, attached and incorporated by reference into
this contract.
c. All applications for an Early Voting mail ballot shall be received
and processed by the Collin County Elections Administration Office,
2010 Redbud Blvd., Suite 102, McKinney, Texas 75069.
1. Application for mail ballots erroneously mailed to the
Town shall immediately be faxed to the Contracting Officer for
timely processing. The original application shall then be
forwarded to the Contracting Officer for proper retention.
2. All Federal Post Card Applicants (FPCA) will be sent a
mail ballot. No postage is required.
d. All Early Voting ballots (those cast by mail and those cast by
personal appearance) shall be prepared for count by the Early Voting
Ballot Board in accordance with Section 87.000 of the Texas Election
Code. The presiding judge of this Board shall be appointed by the
Contracting Officer.
November 6, 2012 Special Election –Town of Prosper
08/24/12 – Page 6
D. The Contracting Officer shall arrange for the use of all Election Day
polling places. The Town shall assume the responsibility of remitting the cost of all
employee services required to provide access, provide security or provide custodial
services for the polling locations. The Election Day polling locations are listed in Exhibit
“B”, attached and incorporated by reference into this contract.
E. The Contracting Officer shall be responsible for establishing and operating
the Central Counting Station to receive and tabulate the voted ballots in accordance with
Section 127.001 of the Election Code and of this agreement. Counting Station Manager
and Central Count Judge shall be Sharon Rowe. The Tabulation Supervisor shall be Patty
Seals.
a. The tabulation supervisor shall prepare, test and run the county's
tabulation system in accordance with statutory requirements and county
policies, under the auspices of the Contracting Officer.
b. The Public Logic and Accuracy Test of the electronic voting
system shall be conducted.
c. Election night reports will be available to the Town at the Central
Counting Station on election night. Provisional ballots will be tabulated
after election night in accordance with law.
d. The Contracting Officer shall prepare the unofficial canvass report
after all precincts have been counted, and will provide a copy of the
unofficial canvass to the Town as soon as possible after all returns have
been tallied.
e. The Contracting Officer shall be appointed the custodian of the
voted ballots and shall retain all election material for a period of 22
months.
1. Pending no litigation and as prescribed by law, the voted
ballots shall be shredded 22 months after the election.
2. The Town can obtain the list of registered voters from the
Elections Administration Office after this retention period.
November 6, 2012 Special Election –Town of Prosper
08/24/12 – Page 7
Pending no litigation and if the Town does not request the lists, the
Contracting Officer shall destroy them.
f. The Contracting Officer shall conduct a manual count as
prescribed by Section 127.201 of the Texas Election Code and submit a
written report to the Town in a timely manner. The Secretary of State may
waive this requirement. If applicable, a written report shall be submitted
to the Secretary of State as required by Section 127.201(E) of the
aforementioned code.
II. DUTIES AND SERVICES OF THE TOWN. The Town shall assume the
following responsibilities:
A. The Town shall prepare the election orders, resolutions, notices, justice
department submissions, official canvass and other pertinent documents for adoption by
the appropriate office or body. The Town assumes the responsibility of posting all
notices and likewise promoting the schedules for Early Voting and Election Day.
B. The Town shall provide the Contracting Officer with an updated map and
street index of their jurisdiction in an electronic or printed format as soon as possible but
no later than Friday, September 7, 2012.
C. The Town shall procure and provide the Contracting Officer with the
ballot layout and Spanish interpretation in an electronic format.
a. The Town shall deliver to the Contracting Officer as soon as
possible, but no later than 9:00 AM Wednesday, August 22, 2012, the
official wording for the Town's November 6, 2012, Special Election.
b. The Town shall approve the "blue line" ballot format prior to the
final printing.
D. The Town shall post the publication of election notice by the proper
methods with the proper media.
November 6, 2012 Special Election –Town of Prosper
08/24/12 – Page 8
E. The Town shall prepare and submit to the U. S. Department of Justice
under the Federal Voting Rights Act of 1965, any required submissions on voting
changes.
F. The Town shall compensate the Contracting Officer for any additional
verified cost incurred in the process of running this election or for a manual count this
election may require, consistent with charges and hourly rates shown on Exhibit “C” for
required services.
G. The Town shall pay the Contracting Officer 90% of the estimated cost to
run the said election prior to Friday, September 28, 2012. The Contracting Officer shall
place the funds in a "contract fund" as prescribed by Section 31.100 of the Texas Election
Code. The Deposit should be delivered within the mandatory time frame to:
Collin County Treasury
Attn: Pam Dugger
2300 Bloomdale Rd. #3138
McKinney, Texas 75071
Made payable to: “Collin County Treasury” with the note “for election services”
included with check documentation.
H. The Town shall pay the cost of conducting said election, less partial
payment, including the 10% administrative fee, pursuant to the Texas Election
Code, Section 31.100, within 30 days from the date of final billing.
III. COST OF SERVICES. See Exhibit “C.”
IV. GENERAL PROVISIONS.
A. Nothing contained in this contract shall authorize or permit a change in the
officer with whom or the place at which any document or record relating to the Town’s
November 6, 2012, Special Election is to be filed or the place at which any function is to
be carried out, or any nontransferable functions specified under Section 31.096 of the
Texas Election Code.
B. Upon request, the Contracting Officer will provide copies of all invoices
and other charges received in the process of running said election for the Town.
November 6, 2012 Special Election –Town of Prosper
08/24/12 – Page 9
C. If the Town cancels their election pursuant to Section 2.053 of the Texas
Election Code, the Contracting Officer shall be paid a contract preparation fee of $75. An
entity canceling an election will not be liable for any further costs incurred by the
Contracting Officer in conducting the November 6, 2012, Special Election. All actual
shared cost incurred in the conduct of the election will be divided by the actual number of
entities contracting with the Contracting Officer and holding a November 6, 2012,
Special Election.
D. The Contracting Officer shall file copies of this contract with the County
Judge and the County Auditor of Collin County, Texas.
WITNESS BY MY HAND THIS THE DAY OF 2012.
Sharon Rowe
Elections Administrator
Collin County, Texas
WITNESS BY MY HAND THIS THE DAY OF 2012.
By:___________________________ Attest:____________________________
Lyle Dresher, Interim Town Manager Amy Piukana, Town Secretary
Town of Prosper Town of Prosper
EXHIBIT A:
NOVEMBER 6, 2012
GENERAL ELECTION
Early Voting Locations, Dates and Hours
Polling Place Address City Commissioner Precinct
Collin County Elections
(Main Early Voting Location)
2010 Redbud Blvd.
Ste 102
McKinney Precinct 3
Allen Municipal Courts Facility 301 Century Pkwy. Allen Precinct 3
Carpenter Park Recreation Center 6701 Coit Road Plano Precinct 1
Celina ISD Administration Building 205 S. Colorado Celina Precinct 1
Christ United Methodist Church 3101 Coit Road Plano Precinct 4
Collin College - Central Park Campus 2200 W. University Drive McKinney Precinct 3
Collin College - Preston Ridge Campus 9700 Wade Blvd. Frisco Precinct 1
Collin College - Spring Creek Campus 2800 E. Spring Creek
Plano Precinct 2
Collin College – Higher Education
Center
3452 Spur 399 McKinney Precinct 3
Frisco Senior Center 6670 Moore Street Frisco Precinct 1
Haggard Library 2501 Coit Road Plano Precinct 4
Harrington Library 1501 18th Street Plano Precinct 2
John and Judy Gay Library 6861 W. Eldorado Parkway McKinney Precinct 3
Lavon City Hall 120 School Road Lavon Precinct 2
Maribelle Davis Library 7501 Independence
Plano Precinct 1
McKinney Fire Station #7 861 S. Independence
McKinney Precinct 1
Murphy City Hall 206 North Murphy Road Murphy Precinct 2
Old Settlers Recreation Center
1201 E. Louisiana McKinney Precinct 3
Parr Library 6200 Windhaven Pkwy. Plano Precinct 4
PISD Administration Center 2700 W. 15th Street Plano Precinct 4
Princeton City Hall 123 W. Princeton Drive Princeton Precinct 3
Prosper Municipal Chambers 108 W. Broadway Prosper Precinct 1
Renner-Frankford Library 6400 Frankford Dallas Precinct 4
Wylie Municipal Complex Library 300 Country Club Wylie Precinct 2
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Oct 21 Oct 22
Early Voting
8am – 5pm
Oct 23
Early Voting
8am – 5pm
Oct 24
Early Voting
8am – 5pm
Oct 25
Early Voting
8am – 5pm
Oct 26
Early Voting
8am – 5pm
Oct 27
Early Voting
7am – 7pm
Oct 28
Early Voting
1pm – 6pm
Oct 29
Early Voting
7am – 7pm
Oct 30
Early Voting
7am – 7pm
Oct 31
Early Voting
7am – 7pm
Nov 1
Early Voting
7am – 7pm
Nov 2
Early Voting
7am – 7pm
Nov 3
Temporary Early Voting Locations: O. E. Carlisle Civic Center 201 Orange Street Farmersville Precinct 3
Oct 21 Oct 22
Early Voting
8am – 5pm
Oct 23
Early Voting
8am – 5pm
Oct 24
Early Voting
8am – 5pm
Oct 25
Early Voting
8am – 5pm
Oct 26
Early Voting
8am – 5pm
Oct 27
Texas Star Bank 402 W. White Anna Precinct 3
Oct 28
Oct 29
Early Voting
7am – 7pm
Oct 30
Early Voting
7am – 7pm
Oct 31
Early Voting
7am – 7pm
Nov 1
Early Voting
7am – 7pm
Nov 2
Early Voting
7am – 7pm
Nov 3
Important Note: Eligible Collin County registered voters (with an effective date of registration on or before
November 6, 2012) may vote at any of the above early voting locations.
EXHIBIT B: Election Day Vote Centers
Polling Place Address City DREs Laptop
s
Akin Elementary School 1100 Springwood Wylie 10 1
Aldridge Elementary School 720 Pleasant Valley Richardson 10 2
Allen Municipal Courts Facility 301 Century Parkway Allen 20 4
Armstrong Middle School 3805 Timberline Plano 10 2
Benton Staley Middle School 6927 Stadium Drive Frisco 10 2
Blue Ridge ISD Administration Building 10688 CR 504 Blue Ridge 10 1
Bowman Middle School 2501 Jupiter Road Plano 10 1
Boys and Girls Club - Douglass Branch 1111 H Avenue Plano 10 1
Brinker Elementary School 3800 Clark Parkway Plano 10 2
Carpenter Middle School 1501 Cross Bend Plano 10 2
Carpenter Park Recreation Center 6701 Coit Road Plano 10 2
Celina ISD Administration Building 205 S. Colorado Celina 10 2
Christ United Methodist Church 3101 Coit Road Plano 20 4
Clark High School - Plano 523 Spring Creek Plano 20 4
Clark Middle School 4600 Colby Drive Frisco 10 2
Collin College - Higher Education Center 3452 Spur 399 McKinney 20 4
Collin College Central Park Campus 2200 University McKinney 20 4
Collin College Preston Ridge Campus 9700 Wade Blvd. Frisco 20 4
Collin College Springcreek Campus 2800 Spring Creek Parkway Plano 20 4
Collin County Elections Office 2010 Redbud Blvd, Ste. 102 McKinney 10 2
Community ISD Technology and Conference
Center
615 FM 1138 Nevada 10 1
Cooper Fitness Center at Craig Ranch 7910 Collin McKinney Parkway McKinney 20 4
Cox Elementary School 7009 Woodbridge Pkwy. Wylie 10 1
Dr. Pepper Star Center at Craig Ranch 6993 Stars Ave. McKinney 20 4
Eldorado Country Club 2604 Country Club Drive McKinney 20 4
FC Dallas Stadium 9200 World Cup Way Frisco 20 4
Fire Station #7 - McKinney 861 Independence Pkwy. McKinney 10 2
First Baptist Church - Branch 7011 FM 546 Princeton 5 1
First Baptist Church Farmersville, Youth Building 201 Farmersville Pkwy. Farmersville 10 2
Ford Middle School 630 Park Place Drive Allen 20 4
Fowler Middle School 3801 McDermott Road Plano 10 2
Frisco High School 6401 Parkwood Drive Frisco 10 2
Frisco Senior Center 6670 Moore Street Frisco 10 2
Harrington Library 1501 18th Street Plano 10 2
John and Judy Gay Library 6861 W. Eldorado Parkway McKinney 10 2
John Q. Hammons Center - Courtyard Marriott 210 East Stacy Road Allen 20 4
Josephine City Hall 108 West Hubbard Josephine 5 1
Lavon City Hall 695 Main Street #400 Lavon 10 2
Liberty High School 15250 Rolater Road Frisco 10 2
Lovejoy ISD HS Auxilary Gym 2350 Estates Parkway Allen 20 4
Lowry Crossing City Hall 1405 S. Bridgefarmer Road Lowry
Crossing
10 2
Lucas City Hall 665 Country Club Road Lucas 10 2
Maribelle Davis Library 7501 Independence Parkway Plano 20 4
EXHIBIT B: Election Day Vote Centers
McKinney Senior Recreation Center 1400 S. College McKinney 10 1
Melissa City Hall 3411 Barker Ave. Melissa 10 2
Mitchell Elementary School 4223 Briargrove Dallas 10 2
Murphy Municipal Complex 206 N. Murphy Road Murphy 20 4
Old Settlers Recreation Center 1201 E. Louisiana McKinney 10 1
Parker Community Center 5700 E. Parker Road Parker 10 2
Parr Library 6200 Windhaven Pkwy. Plano 20 4
PISD Administration Center 2700 W. 15th Street Plano 10 2
Plano Senior Center 401 W. 16th Street Plano 10 2
Princeton High School 1000 E. Princeton Drive Princeton 10 2
Renner-Frankford Library 6400 Frankford Road Dallas 20 4
Reynolds Middle School 700 N. Coleman Prosper 10 2
Roach Middle School 12499 Independence Pkwy. Frisco 10 2
Rose Haggar Elementary School 17820 Campbell Road Dallas 10 2
Ruth Cherry Intermediate School 1400 FM 1777 Royse City 10 1
Ruth Dowell Middle School 301 Ridge Road McKinney 10 2
Seis Lagos Community Services Association 222 Seis Lago Trail Wylie 10 2
Shepton High School 5505 Plano Pkwy. Plano 10 2
Stonebridge United Methodist Church 1800 S. Stonebridge Drive McKinney 20 4
Suncreek United Methodist Church 1517 W. McDermott Drive Allen 20 4
Texas Star Bank 402 W. White Street Anna 10 2
Weston Community Center 117 Main Street Weston 10 1
Woodcreek Church 3400 E. Renner Road Richardson 10 2
Wylie Municipal Complex Library 300 Country Club Wylie 20 4
SUMMARY OF COSTS FOR THE TOWN OF PROSPER
SUPPLY COST $271.75
EQUIPMENT RENTAL COST $1,194.00
EARLY VOTING $1,732.50
ELECTION DAY $236.50
ADMINISTRATIVE EXPENSES $38.25
TABULATION/CENTRALIZED COSTS $1,418.50
Total $4,891.50
10% Administrative Fee $489.15
Total $5,380.65
90% Deposit Due 9/21/12 $4,842.59
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Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Wade Harden, Senior Planner
Cc: Lyle Dresher, Interim Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – September 11, 2012
Date: September 6, 2012
Agenda Item:
Consider and act upon 1) an Interlocal Agreement between Collin County and the Town of
Prosper for the Creek Crossing Community Park Land Acquisition and 2) a resolution
authorizing the Town Manager to execute the same.
Description of Agenda Item:
Town staff submitted an application to the Parks and Open Space Grant Program with Collin
County to assist with the purchase of Waterline Community Park. In October of 2011, $400,000
in matching funds was approved by the County for purchase of parkland. The County prefers
the funds be expended within a six to eight month time frame and prior to additional funds being
awarded for future projects. Due to time constraints and little progress in working with the
existing property owner Town staff looked at securing Creek Crossing Community Park.
The proposed Creek Crossing Park is approximately 72 acres in size, similar in size to the
original Waterline Park proposal. The land located on the northwest corner of Coit Road and
East First Street, owned by Mr. Sexton. A purchase agreement has been executed for the
purchase and the closing documents are being prepared. In order for the Town to utilize the
$400,000 for the purchase of the new location Town staff submitted revised documents to the
County for approval. During the August 27th County Commissioner’s Court meeting the County
approved the $400,000 to be utilized for the purchase of Creek Crossing Community Park.
The inter-local governmental agreement (ILA) attached to this staff report reflects the changes
submitted to the County and must be executed by the Town prior to funds being expended for
the land purchase. The ILA outlines the terms associated with the acceptance of the $400,000
in funding. The terms include the posting of a project sign on the site, the submittal of quarterly
reports to the County, and a final itemized list of expenditures for reimbursement.
Budget Impact:
The funds will provide $400,000 to the Town towards the purchase of the 72 acres.
PARKS &
RECREATION
Page 2 of 2
Legal Obligations and Review:
There has been no legal review by the Town Attorney of this document. The document is Collin
County’s standard agreement acknowledging the Town’s acceptance of the Parks and Open
Space Funding Award.
Attached Documents:
• Resolution
• ILA
Town Staff Recommendation:
Town staff recommends that the Town Council: 1) approve the inter-local agreement between
Collin County, Texas and the Town of Prosper, Texas for the purchase of parkland and 2) adopt
a resolution authorizing the Town Manager to execute the same.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-63
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 PROGRAM (HEREAFTER REFERRED
TO AS “GRANT PROGRAM”); AND AUTHORIZING THE SUBMITTAL
OF AN APPLICATION FOR PROGRAM 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 execute the inter-local government agreement with Collin County for
funding assistance under the Grant Program for the purchase of Creek Crossing
Community Park.
SECTION 3: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 11th day of September, 2012.
___________________________
Ray Smith, Mayor
ATTEST:
___________________________
Amy Piukana, TRMC
Town Secretary
1
INTERLOCAL AGREEMENT
BETWEEN
COLLIN COUNTY
AND THE
TOWN OF PROSPER
WHEREAS, the County of Collin, Texas (“County”) and the Town of Prosper (“Town”)
desire to enter into an Agreement concerning the acquisition of land in the Town of
Prosper, Collin County, Texas; and
WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791)
authorizes any local government to contract with one or more local governments to
perform governmental functions and services under the terms of the Act; and
WHEREAS, the Town and County have determined that the land acquisition may be
performed most economically by implementing this Agreement; and
WHEREAS, the Town and the County find that this Agreement will benefit the residents
of the County and provide additional park and recreational facilities and open space for
all County residents; and
WHEREAS, this Agreement will support or advance the mission of the Collin County
Parks and Open Space Strategic Plan;
NOW, THEREFORE, this Agreement is made and entered into by the County and the
Town upon and for the mutual consideration stated herein.
WITNESSETH:
ARTICLE I.
The Town shall arrange to purchase approximately 72 acres of land, hereinafter
called the “Project”. The Project shall consist of the acquisition of property identified in
Exhibit “A”.
ARTICLE II.
The Town shall prepare and execute all documents necessary to purchase land and
in such activities, shall comply with all state statutory requirements. The Town shall
supply the County with a copy of the executed documents. Changes to the project which
alter the funding request referenced in Exhibit “A” must be reviewed by The Parks
Foundation Advisory Board and approved by Commissioners Court.
2
ARTICLE III.
The Town will not expend funds to acquire easements or real property for use as
right-of-way.
ARTICLE IV.
The Town estimates the total actual cost of land identified for purchase to be
$3,905,000.00. The County agrees to fund a portion of the purchase price in an amount
not to exceed $400,000.00 as shown on Exhibit “A”. The County shall remit payment to
the Town for land purchases after closing. The Town shall provide the County a copy of
closing documents indicating the final purchase price and a copy of the deed(s) showing
the Town received ownership of such land.
ARTICLE V.
Collin County’s participation in this project shall not exceed $400,000.00 as
indicated in Article IV above. The Town shall be responsible for any costs, which exceed
the total estimated project cost.
ARTICLE VI.
Upon development of the property, the Town shall install a project sign
identifying the project as being partially funded by the Collin County 2007 Parks and
Open Space Bond Program. The Town shall provide quarterly progress reports in
electronic format or via US mail to the contact identified on Exhibit “A”. Following
acquisition of the property, the Town shall provide an itemized final accounting of
expenditures including the Town’s match, in-kind services or donations for the project.
All projects for which the County has provided funds through its 2007 Parks and Open
Space Bond Program must remain open and accessible to all County residents.
ARTICLE VII.
The Town and County agree that the party paying for the performance of
governmental functions or services shall make those payments only from current revenues
legally available to the paying party.
The Town acknowledges that the County’s source of funding for the property acquisition
is 2007 Parks and Open Space Bonds. The Town further acknowledges that property
acquired with these funds must be utilized for Parks and Open Space purposes and be
available for use by all county citizens.
3
ARTICLE VIII.
INDEMNIFICATION. To the extent allowed by law, each party agrees to release,
defend, indemnify, and hold harmless the other (and its officers, agents, and employees)
from and against all claims or causes of action for injuries (including death), property
damages (including loss of use), and any other losses, demands, suits, judgements and
costs, including reasonable attorneys’ fees and expenses, in any way arising out of, related
to, or resulting from its performance under this Agreement, or caused by its negligent acts
or omissions (or those of its respective officers, agents, employees, or any other third
parties for whom it is legally responsible) in connection with performing this Agreement.
ARTICLE IX.
VENUE. The laws of the State of Texas shall govern the interpretation, validity,
performance and enforcement of this Agreement. The parties agree that this Agreement
is performable in Collin County, Texas and that exclusive venue shall lie in Collin
County, Texas.
ARTICLE X.
SEVERABILITY. The provisions of this Agreement are severable. If any
paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any
reason held by a court of competent jurisdiction to be contrary to law or contrary to any
rule or regulation having the force and effect of the law, the remaining portions of the
Agreement shall be enforced as if the invalid provision had never been included.
ARTICLE XI.
ENTIRE AGREEMENT. This Agreement embodies the entire Agreement
between the parties and may only be modified in writing executed by both parties.
ARTICLE XII.
SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the
parties hereto, their successors, heirs, personal representatives and assigns. Neither party
will assign or transfer an interest in this Agreement without the written consent of the
other party.
ARTICLE XIII.
IMMUNITY. It is expressly understood and agreed that, in the execution of this
Agreement, neither party waives, nor shall be deemed hereby to have waived any
immunity or defense that would otherwise be available to it against claims arising in the
exercise of governmental powers and functions. By entering into this Agreement, the
parties do not create any obligations, express or implied, other that those set forth herein,
and this Agreement shall not create any rights in parties not signatories hereto.
4
ARTICLE XIV.
TERM. This Agreement shall be effective upon execution by both parties and
shall continue in effect annually until final acceptance of the Project.
ARTICLE XV.
The declarations, determinations and findings declared, made and found in the preamble
to this Agreement are hereby adopted, restated and made part of the operative provisions
hereof.
APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS
By:________________________ By:__________________________
Name:_____________________ Name: Keith Self
Title:______________________ Title: County Judge
Date:______________________ Date:________________________
Executed on this ____ day of______,
20 __, by the County of Collin,
pursuant to Commissioners’ Court
Order No.____________________.
ATTEST: TOWN OF PROSPER
By:_____________________ By:_________________________
Name: Name:
Title: Title:
Date:____________________ Date:________________________
Executed on behalf of the Town of
Prosper pursuant to Town Council
Resolution No._______________
APPROVED AS TO FORM:
By:______________________
Name:
Title:
Date:____________________
5
EXHIBIT “A”
The County will provide funding assistance for the following:
□ Acquisition of approximately 72 acres of land located at the northwest corner of E. First
Street and Coit Road
Total funding $400,000.00
Contact Information
Request for reimbursement submitted to:
Collin County
Special Projects
Teresa Nelson
825 N. McDonald Street, Suite 145
McKinney, Texas 75069
972-548-3744
Submission of electronic photos and quarterly reports:
Teresa Nelson
tnelson@collincountytexas.gov
Project Manager Contact: (must be able to answer specific questions regarding project)
Name: _________________________________
Address: _______________________________
_______________________________________
Phone: _________________________________
Fax: ___________________________________
Email:__________________________________
To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
Cc: Lyle Dresher, Interim Town Manager
Re: Town Council Meeting – September 11, 2012
Date: September 5, 2012
Agenda Item:
Consider and act upon approving Resolution Number 12-65 (“Resolution”), ratifying the Interim
Town Manager’s execution of the letter, dated August 30, 2012, (“Termination Letter”) terminating
the Water Impact Fee Agreement (“Agreement”), attaching the Water Well Lease and
Memorandum of Lease, dated February 9, 1999, between Pioneer Concrete of Texas, Inc.
(“Pioneer”) and the Town of Prosper, Texas (“Town”). The property made the subject of the
Agreement is currently owned by Southern Star Concrete, Inc. (“Southern Star”).
Description of Agenda Item:
The Town’s Utility Department has maintained the water well located on the Southern Star
property, including but not limited to, the repair and maintenance of the pump and pump site. The
system includes, among other things, a deep well which pumps well water into a ground storage
tank with surface mounted pumps to pump into Southern Star’s distribution system. The water well
was not, and is not, a part of the Town’s water system. Southern Star also fills the ground storage
tank with rain water and water used to wash out concrete trucks. The well has been running with
minimum repair, but will be due for, at a minimum, a well pump replacement in the near future at a
cost of thirty thousand dollars ($30,000.00) to the Town. The Town now bills Southern Star an
average of three thousand dollars ($3,000.00) a month for water usage and maintenance of the
well site. The water from the well is, and always has been, non-potable, thereby making it not for
human consumption. Southern Star, and its employees, currently utilize the non-potable water at
its facilities, which should be solely for operational purposes and not human consumption.
Town Staff has little history as to why the Agreement was approved given that, among other things,
the Town did not produce the well, and the well was not a part of the Town’s early, or current,
water system.
The Agreement was not assignable; however, Pioneer sold the property without retaining its rights,
duties and obligations under the Agreement, thereby expressly or impliedly assigning the
Agreement to subsequent purchasers of the property (currently, Southern Star).
Town Staff has investigated and determined that it is in the best interest of the Town to terminate
the Agreement as set forth in the Termination Letter, attached as Exhibit “A” to the Resolution.
Prosper is a place where everyone matters.
Public Works
Budget Impact:
The Water/Sewer Utility Fund will lose an average of thirty six thousand dollars ($36,000.00) per
year in revenue if the Town Council ratifies the Termination Letter.
Legal Obligations and Review:
The Resolution and Termination Letter was prepared by the Town Attorney.
Attached Document(s):
The Resolution, attaching the Termination Letter.
Town Staff Recommendation:
Town Staff recommends the Town Council approve Resolution Number 12-65, ratifying the Interim
Town Manager’s execution of the letter dated August 30, 2012, terminating the Water Impact Fee
Agreement, attaching the Water Well Lease and Memorandum of Lease, dated February 9, 1999,
between Pioneer Concrete of Texas, Inc. and the Town of Prosper, Texas.
RESOLUTION RATIFYING TERMINATION OF
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TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-65
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, RATIFYING THE INTERIM TOWN MANAGER’S
EXECUTION OF THE LETTER TERMINATING THE WATER IMPACT
FEE AGREEMENT, DATED FEBRUARY 9, 1999, BY AND BETWEEN
PIONEER CONCRETE OF TEXAS, INC., A TEXAS CORPORATION,
AND THE TOWN OF PROSPER, TEXAS, FILED FOR RECORD ON
MARCH 10, 1999, UNDER CLERK’S FILE NO. 99-0029065, COLLIN
COUNTY LAND RECORDS, ATTACHING THE WATER WELL LEASE
AND MEMORANDUM OF LEASE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Town of Prosper, Texas (“Town”) and Pioneer Concrete of
Texas, Inc., a Texas corporation, (“Pioneer”) entered into that certain Water Impact Fee
Agreement, dated February 9, 1999, filed for record on March 10, 1999, under Clerk’s
File No. 99-0029065, Collin County Land Records, attaching the Water Well Lease and
Memorandum of Lease (“Agreement”); and
WHEREAS, the Agreement was not assignable; and
WHEREAS, Pioneer sold the property made the subject of the Agreement
(“Property”), without retaining its rights, duties and obligations under the Agreement,
thereby expressly or impliedly assigning the Agreement to subsequent purchasers of
the Property; and
WHEREAS, Southern Star Concrete, Inc. (“Southern Star”) now owns the
Property, purchasing the same with actual knowledge of the Agreement and the fact
that the same was not assignable; and
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”)
has investigated and determined that the Agreement should be, and is hereby,
terminated as set forth in the Interim Town Manager’s letter to Southern Star, dated
August 30, 2012, attached hereto as Exhibit “A” and incorporated herein for all purposes
(“Termination Letter”); and
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in
the best interest of the citizens of the Town to ratify the Interim Town Manager’s
execution and delivery of the Termination Letter to Southern Star, and subsequent filing
of the same in the Collin County Land Records.
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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: Ratification of the Interim Town Manager’s Execution and Delivery
of the Termination Letter to Southern Star, and Subsequent Filing of the Same in the
Collin County Land Records. The Town Council hereby ratifies the Interim Town
Manager’s execution and delivery of the Termination Letter, attached hereto as Exhibit
“A”, to Southern Star, and subsequent filing of the same in the Collin County Land
Records.
SECTION 3: Savings/Repealing Clause. All provisions of any resolution in
conflict with this Resolution are hereby repealed; but such repeal shall not abate any
pending matters of the repealed resolution. Any remaining portions of conflicting
resolutions shall remain in full force an effect.
SECTION 4: Severability. Should any section, subsection, sentence, clause or
phrase of this Resolution be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Resolution
shall remain in full force and effect. The Town hereby declares that it would have
passed this Resolution, 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 5: Effective Date. This Resolution shall take effect immediately from
and after its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, on this _____ day of September, 2012.
_______________________________
RAY SMITH, Mayor
ATTEST TO:
___________________________
Amy Piukana, Town Secretary
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EXHIBIT “A
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To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
CC: Lyle Dresher, Interim Town Manager
Re: Town Council Meeting – September 11, 2012
Date: September 5, 2012
Agenda Item:
Consider and act upon 1) a Change Order 001 with Quality Excavation, LTD and the Town of
Prosper regarding the Prosper Road Improvement Project 2012, Prosper Trail (Coit Road to
Custer Road) and 2) a resolution authorizing the Interim Town Manager to execute the same.
Description of Agenda Item:
On May 14, 2011, the residents of Prosper voted in favor of a bond proposition allocating
$13,290,000.00 for street and road improvements. One of the road improvement projects
recommended by the Bond Committee was to improve Prosper Trail from Preston Road to
Custer Road in asphalt.
The project was rebid and Town staff opened proposals again on July 6, 2012. Quality
Excavation, LTD was once again the sole bidder but this time the proposal is $818,330.00.
Quality Excavation, LTD has completed the project under budget and the Town can complete
the remaining section of Prosper Trail from Preston Road to Coit Road with in the requirements
set by the Local Government Code not to exceed 25% of the original contract amount.
Since the existing road way is still structurally sound no sub-base work will be required. Staff is
recommending three inch asphalt overlay, two inch type B base and one inch type D road
surface that will significantly extend the life of the roadway section. If the overlay is done now
we not have to consider complete reconstruction anytime soon, thus will be able to save thirty
six thousand dollars.
The total change order requested is to increase the contract amount by two hundred and two
thousand two hundred and fifteen dollars ($202,215.00) resulting in a project total of
$______.00. In the five year Capital Improvements Plan Prosper Trail from Preston to Custer
Road was budgeted for One million two hundred eighteen thousand dollars ($1,218,000.00),
with the cost savings and using existing pricing the roadway will cost one million twenty
thousand five hundred and forty five dollars ($1,020,545.00). This is a cost savings of nearly two
hundred thousand dollars (200,000.00).
Budget Impact:
Funding for this project will be from the 2012 Bond sale.
Prosper is a place where everyone matters.
PUBLIC WORKS
Page 2 of 2
Legal Obligations and Review:
Not Required.
Attached Documents:
1. Resolution
2. Change Order Number 001
Board, Committee and/or Staff Recommendation:
Town staff recommends that the Town Council approve 1) a Change Order 001 with Quality
Excavation, LTD and the Town of Prosper regarding the Prosper Road Improvement Project
2012, Prosper Trail (Coit Road to Custer Road) and 2) a resolution authorizing the Interim Town
Manager to execute the same.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-66
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER TEXAS, HEREBY AUTHORIZING THE INTERIM TOWN
MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN
CHANGE ORDER NO. 1 FOR THE PROSPER ROAD IMPROVEMENTS
2012 PROSPER TRAIL, FROM COIT ROAD TO CUSTER ROAD
BETWEEN QUALITY EXCAVATION, LTD AND THE TOWN OF
PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: THAT, Change Order No. 1 between Quality Excavation, LTD and
the Town of Prosper, as hereto attached, for the Prosper Road Improvements 2012
Prosper Trail, from Coit Road to Custer Road be approved and the Interim Town
Manager of the Town of Prosper, Texas, is hereby authorized to execute said Change
Order No. 1, on behalf of the Town Council of the Town of Prosper, Texas,
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 11th day of September, 2012
_________________________
Ray Smith, Mayor
ATTEST TO:
___________________________
Amy Piukana, TRMC
Town Secretary
fjaromin Page 1 9/7/2012
OWNER:
By:
Dated:
Unit Quantity Unit Price Total
ADD
SY 14,500 10.23$
SY 14,500 5.12$
LF 10,500 1.00$
LF 10,500 1.00$
EA 1 200.00$
LS 1 9,000.00$
LF 24 10.00$
LS 1 9,000.00$
DELETE 262,015.00$
SY (1,100) 11.25$
SY (1,100) 8.75$
LS (0.70) 54,000.00$
(59,800.00)$
Town of Prosper
CHANGE ORDER 1
PROSPER ROAD IMPROEMENT PROJECT 2012
PROSPER TRAIL
COIT ROAD TO CUSTER ROAD
CONTRACT AMOUNT:818,330.00$ August 13,2012Contract Time:
Date: September 06, 2012
Town of Prosper
121 West Broadway
Prosper Texas 75078
You are directed to make the changes noted below in the subject Contract:
This Change Order is to install 2" Type B Asphalt and 1" Type D Asphalt on Prosper Trail from Coit Road to
Preston Road including all the amenities.
Owners Signature:
NATURE OF CHANGES:
Discription
(9,625.00)$
(37,800.00)$
148,335.00$
1" Type D Asphalt Paving 74,240.00$
Thermo Yellow 4"
Thermo White 4"
2" Type B Asphalt Paving
10,500.00$
10,500.00$
Total Change Order Number 01
These changes result in the following adjustment of Contract Time
Thermo Arrow
CSS 1-Tack
Thermo White 12"
3" Type B Asphalt
Traffic Control
2" Type D Asphalt
Thickened Section at Drives
CHANGE ORDER 1
200.00$
9,000.00$
240.00$
9,000.00$
202,215.00$
(12,375.00)$
Original Completion:August 17, 2012
fjaromin Page 2 9/7/2012
Number of additional days:
Revised Completion:
Net Increase from this Change Order
Revised Contract Amount:
The Above Changes are approved for Submittal to Town Council:
By:
Date:
By:
Date:
50 Working days
October 26, 2012
These changes result in the following adjustment of Contract Amount:
Owner: Quality Excavation, LTD
Director of Public Works:
Original Contract Amount:
Percent Increase :
818,330.00$
202,215.00$
1,020,545.00$
24.7%
To: Mayor and Town Council
From: Chris Copple, AICP, Planning Director
Cc: Lyle Dresher, Interim Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – September 11, 2012
Date: September 5, 2012
Agenda Item:
A public hearing to consider and act upon a request to rezone 4.3± acres, located on the southeast
corner of Hays Road and Highpoint Drive, from Agricultural (A) to Planned Development-Office
(PD-O). (Z12-0005).
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning
Current Land Use Future Land Use Plan
North
Agricultural
(Prestonview Estates) Single Family Residential Low Density Residential
East
Single Family-15
(Bradford Farms) Single Family Residential Low Density Residential
South
Agricultural Mini-warehouse/Public
Storage Low Density Residential
West
Single Family-15 Nursery, Major Retail & Neighborhood
Services
Requested Zoning – Z12-0005 is a request to rezone 4.3± acres, located on the southeast corner
of Hays Road and Highpoint Drive, from Agricultural (A) to Planned Development-Office (PD-O).
The Planned Development regulations are attached. The property consists of two existing
buildings, which were both constructed in 2002, prior to the property being annexed into the Town
in 2009. Pictures of the property are attached.
The PD-O District includes several development standards unique to the property due to nature of
the existing improvements on the property and uses. The standards that vary from straight Office
zoning are:
Prosper is a place where everyone matters.
PLANNING
1. Permitted uses – Rezoning the property to PD-O eliminates the following uses from being
permitted on the property:
• Assisted Care or Living Facility S
• Athletic Stadium or Field, Private S
• Athletic Stadium or Field, Public
• Automobile Paid Parking Lot/Garage S
• Automobile Parking Lot/Garage
• Business Service
• Cemetery or Mausoleum S
• College, University, Trade, or Private Boarding School
• Commercial Amusement, Indoor
• Day Care Center, Incidental S
• Dry Cleaning, Minor
• Farm, Ranch, Stable, Garden, or Orchard
• Golf Course and/or Country Club
• Helistop S
• Homebuilder Marketing Center
• Hospital
• Private Club S
• Recycling Collection Point
• Rehabilitation Care Institution S
• Restaurant or Cafeteria C
• Retail/Service Incidental Use
• School District Bus Yard C
• Sewage Treatment Plant/Pumping Station S
• Telephone Exchange
• Temporary Building C
The applicant is requesting the following uses be permitted on the property, which are not
permitted uses in straight Office zoning:
• Artisan’s Workshop
• Gymnastics/Dance Studio
• Open Storage subject to screening requirements
2. Open storage screening – The applicant is proposing to screen open storage areas from
Hays Road and Highpoint Drive with a berm and a living screen consisting of small
evergreen trees and shrubs as shown on Exhibit D. The applicant is also requesting to use
the existing eight foot (8’) tall chain link fence with barbed wire in place of a masonry wall or
ornamental fence. All new fencing shall comply with the Town’s ordinances, as they exist
or may be amended. The Zoning Ordinance requires open storage be completely screened
from all pubic streets and surrounding property through to use of masonry walls with trees,
ornamental metal fencing with solid living screen, or alternative screening types with Town
Council approval.
3. Paving materials in the open storage area – The applicant is proposing to use gravel or
crushed rock as a paving material in the open storage area. All fire lanes and publicly
accessible parking areas and drives will be concrete. The Zoning Ordinance prohibits the
use of gravel or crushed rock as a permanent paving surface.
4. Exterior appearance of buildings – The applicant is requesting to allow the expansion of
existing buildings (up to 2,000 square feet) to have a 100% stone façade facing Hays Road
and Highpoint Drive, while the side and rear facades would be allowed to be masonry,
cementitous fiberboard, or metal. The stone façade facing Hays Road and Highpoint Drive
is required to use two contrasting colors. The PD-O District requires any new buildings to
meet the exterior building material requirements per the Zoning Ordinance. The Zoning
Ordinance requires the primary exterior building materials to be an approved masonry
material on all four sides.
5. Perimeter landscaping – Exhibit C describes unique planting requirements that vary
depending on the property boundary. The applicant is proposing to plant a living screen
consisting of small evergreen trees and shrubs adjacent to Hays Road and Highpoint Drive
as shown on Exhibit D. The applicant is requesting to plant these trees and shrubs within
six (6) months of approval of the Planned Development ordinance. The Zoning Ordinance
requires one large 3” caliper tree and fifteen 5 gallon shrubs every thirty linear feet (30’)
along commercial collectors (Hays Road). The applicant is also proposing to plant a row of
shrubs along the southern boundary as shown on Exhibit D. The applicant is not proposing
any plantings along the eastern property boundary, as an existing tree line is located along
the eastern boundary.
Town staff recommends the Town Council review the open storage screening standards and the
landscaping as proposed in Exhibit C and as shown on Exhibit D to determine if the applicant’s
proposed standards are adequate, since the request is an alternative screen type as defined by the
Zoning Ordinance.
Future Land Use Plan – The Future Land Use Plan (FLUP) recommends Low Density Residential
uses for the property. The zoning request for Planned Development-Office (PD-O) deviates from
the FLUP. The Comprehensive Plan provides questions that should be considered when a zoning
request deviates from the FLUP. These questions, as well as staff’s responses to each, are below:
1. Will the proposed change enhance the site and the surrounding area?
The existing structures and uses have been in place since 2002, prior to the Town annexing
the property in 2009. The proposed perimeter landscaping and open storage screening will
enhance the site and improve the view from the surrounding area.
2. Is the proposed change a better use than that originally envisioned and originally depicted on
the Future Land Use Plan map?
The existing structures and uses have been in place since 2002. The applicant is requesting to
rezone the property to bring the uses into conformance with the Zoning Ordinance. The
property has direct access to Hays Road, a future commercial collector. The proposed zoning
provides for a living screen to buffer the use from adjacent properties.
3. Will the proposed use impact adjacent residential areas in a negative manner?
The Office District is the most restrictive non-residential district in the Town’s Zoning
Ordinance. The property has direct access to Hays Road, a future commercial collector. The
proposed zoning provides for a living screen to buffer the use from adjacent properties.
4. Will the proposed use be compatible with and/or enhance adjacent residential uses?
The Office District is the most restrictive non-residential district in the Town’s Zoning
Ordinance. The proposed perimeter landscaping and open storage screening will enhance the
site and improve the view from the surrounding area, including adjacent residential uses.
5. Are uses adjacent to the proposed use similar in nature in terms of appearance, hours of
operation, and other general aspects of compatibility?
Properties along Hays Road, a future commercial collector, have several similar uses, including
mini-warehouse, open storage, office, nursery, and contractor’s shop and/or storage yard.
6. Does the proposed use present a significant benefit to the public health, safety, welfare, and/or
social well-being of the community?
The existing structures and uses have been in place since 2002. The existing uses provide
services and employment in the Town.
7. Would the proposed use contribute to the Town’s long-term economic stability?
The existing structures and uses have been in place since 2002. The existing uses provide
services and employment in the Town.
The FLUP is a guide. Zoning requests that deviate from the FLUP should be evaluated on their
own merit. Page 64 of the 2012 Comprehensive Plan, which addresses maintaining compatibility
between the zoning map and the FLUP, is attached.
Thoroughfare Plan – The property is adjacent to Hays Road, a future commercial collector. The
zoning exhibit complies with the Thoroughfare Plan.
Water and Sanitary Sewer Services – Water service has been extended to the property. Sanitary
sewer service will have to be extended to the property prior to any new development on the
property.
Access – Access to the property is provided from Hays Road and Highpoint Drive. Adequate
access is provided to the property.
Schools – This property is located within the Prosper Independent School District (PISD).
Parks – It is not anticipated that this property will be needed for the development of a park at this
time.
Environmental Considerations – There is no 100-year floodplain located on the property.
Budget Impact:
There are no significant budget implications associated with this zoning request.
Legal Obligations and Review:
Zoning is discretionary. Therefore, the Town Council is not obligated to approve the request.
Notification was provided to neighboring property owners as required by state law. Town staff has
received two public hearing notice reply forms, with none in opposition to the request.
Attached Documents:
1. Zoning Exhibits A, B, C, and D.
2. Zoning map of surrounding area.
3. Pictures of the property.
4. Page 64 of the 2012 Comprehensive Plan, which addresses maintaining compatibility
between the zoning map and the Future Land Use Plan.
5. Future Land Use Plan.
6. Public hearing notice reply forms.
Planning & Zoning Commission Recommendation:
At their September 4, 2012 meeting, the Planning & Zoning Commission recommended the Town
Council approve the request to rezone 4.3± acres, located on the southeast corner of Hays Road
and Highpoint Drive, from Agricultural (A) to Planned Development-Office (PD-O), by a vote of 5-0.
Town Staff Recommendation:
Town staff recommends the Town Council approve a request to rezone 4.3± acres, located on the
southeast corner of Hays Road and Highpoint Drive, from Agricultural (A) to Planned Development-
Office (PD-O).
TOWN OF PROSPERCOLLIN COUNTY, TEXAS2E PROSPER LLCZONING EXHIBIT 'A'1
1
H
TRO
N
LOCATION MAP
1" = 1000'
POINT OF
BEGINNING
PROJECT
LOCATION
EXHIBIT "B"
600 N. Hays Road
2E Prosper, LLC
Owner/Representative
HAYS AND HIGHPOINT OFFICE
PLANNED DEVELOPMENT DISTRICT
STATEMENT OF INTENT AND PURPOSE
2E Prosper, LLC is seeking a rezoning to allow for the continued operation of the subject property as it has been historically prior to its annexation into the Town of Prosper. To this end, we are seeking a Planned Development District for Office Uses with the inclusion of outside storage for the existing landscaping
company.
The subject property will be maintained in good order and with the intent of screening the nonresidential uses
from the residential uses adjacent to the property with the existing tree line. The existing tree line along the
eastern property line will be maintained and additional landscaping will be planted along Highpoint Road
and Hays Road within six (6) months from the approval of this ordinance. The intent of the screening is to
provide a solid living landscape screen within two (2) growing seasons in order to completely screen all open
storage from public view. In addition, masonry facades will be required along all street frontages when the existing buildings expand or new buildings are built.
The subject property’s improvements have been shown on this Zoning Exhibit D/site plan. All existing and proposed landscaping, existing buildings, open spaces, existing concrete parking, open storage, landscape buffers, and gravel drives are shown on this zoning exhibit. All existing landscape buffers and setbacks
are shown.
EXHIBIT “C”
HAYS AND HIGHPOINT
PD – OFFICE DISTRICT
Conformance with the Town's Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in
these Development Standards, the regulations of the Town's Zoning Ordinance (No. 05-20 as it currently
exists or may be amended) and the Town's Subdivision Ordinance (No. 03-05 as it exists or may be
amended) shall apply to the property.
1. Office District – Hays and Highpoint:
1.1 GENERAL PURPOSE AND DESCRIPTION:
The Office District is established to accommodate a variety of office developments providing for
professional, financial, medical and similar services for local residents; corporate offices for regional and
national operations; major employment centers for city, county and state governmental entities; and
service uses necessary to support such office uses. Such uses may require accessibility to major
thoroughfares.
1.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard: Thirty (30) feet.
2. Minimum Side Yard:
a. Fifteen (15) feet adjacent to a non-residential district; twenty five (25) feet adjacent to a
residential use or zone.
3. Minimum Rear Yard:
a. Fifteen (15) feet adjacent to a non-residential district; twenty five (25) feet adjacent to a
residential use or zone.
B. Size of Lots:
1. Minimum Size of Lot Area: Seven thousand (7,000) square feet.
2. Minimum Lot Width: Seventy (70) feet.
3. Minimum Lot Depth: One hundred (100) feet.
C. Maximum Height for Buildings: One (1) story, no greater than thirty (30) feet.
D. Maximum Height for outdoor open storage: Eight (8) feet.
E. Lot Coverage: Thirty (30) percent
F. Floor Area Ratio: Maximum 0.30:1
1.3 PERMITTED USES:
A. Compliance with State and Federal Law: No uses shall be allowed which are prohibited by
State law or which operate in excess of State or Federal environment or pollution standards as
determined by the U.S. Environmental Protection Agency, Texas Air Control Board, Texas
State Department of Health, or the Texas Water Commission, as the case.
B. Open Storage: Not more than sixty-five (65) percent of the lot or tract may be used for the open
storage of products such as fertilizer and bagged products, materials such as but not limited to,
mulch, limited amounts of landscape stone, masonry mortar, trees, shrubs, annuals or fencing, or
equipment such as lawn equipment or materials trailers, all of which shall be screened from
adjoining properties or streets. The screening will consist of the existing eight (8) foot tall chain
link and barbed wire fence with trees and shrubs along the outside on the west property line, in a
quantity sufficient to screen the storage area from view, and north of the east-west eight (8) feet tall
fence as shown on Exhibit D. The east property line screening will consist of shrubs as shown on
Exhibit D. All open storage will be enclosed by fence and landscaping as shown on Exhibit D .
All screening materials must be in place within six (6) months of the adoption of this
ordinance. The screening material must be planted at a concentration to provide for a
solid living screen within two (2) growing seasons.
C. List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses
followed by a C are permitted subject to conditional development standards. See Chapter 3,
Section 1 of the Town’s Zoning Ordinance for the conditional development standards.
• Accessory Building
• Administrative, Medical, or Professional Office
• Antenna and/or Antenna Support Structure, Non-Commercial C
• Artisan's Workshop
• Bank, Savings and Loan, or Credit Union
• Bed and Breakfast Inn S
• Caretaker's/Guard's Residence
• Civic/Convention Center
• Community Center
• Day Care Center, Adult S
• Day Care Center, Child C
• Dry Cleaning, Minor
• Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority
• Governmental Office
• Gymnastics/Dance Studio
• Health/Fitness Center S
• House of Worship
• Insurance Office
• Municipal Uses Operated by the Town of Prosper
• Museum/Art Gallery
• Open Storage (subject to screening requirements)
• Park or Playground
• Print Shop, Minor
• Private Recreation Center
• Private Utility, Other Than Listed
• School, Private or Parochial
• School, Public
• Stealth Antenna, Commercial C
• Telephone Exchange
• Temporary Building C
1.4 Exterior Appearance of Buildings:
A. Expansion of Existing Buildings Up 2,000 Square Feet: The front façade facing Hays Road and
Highpoint Drive shall be required to be maximum of 80% Cultured Natural Shaped Field Stone (upper)
& minimum of 20% Cultured rectangular Field Stone (lower) of contrasting colors. The roof for any
expansion shall be a sloping metal roof. Metal, cementatious fiber board (Hardie Siding) or masonry
materials per the Town's Zoning Ordinance shall be permitted exterior materials for the side and rear
elevations. No architectural articulation is required on sides or rear facades.
B. New Buildings: New buildings shall meet the exterior building material requirements per the Zoning
Ordinance as it exists or may be amended.
1.5 Paving Materials Permitted in Open Storage Area: Gravel or crushed rock shall be a permitted paving
material in the open storage area located behind all screening and gates. All additional fire lanes, drives and
parking areas shall be constructed of concrete and shall meet Town of Prospers paving standards.
1.6 Fencing: The existing metal chain link fence on the property will be allowed to remain, provided it is fully
screened from public view by landscaping as detailed below. Barbed wire is allowed to remain on the top of the
existing fence. All new fencing shall comply with the Town’s ordinances, as they exist or may be amended.
1.7 Perimeter Landscaping:
• West & North Line Perimeter: A 25-foot landscape setback is required. Within six (6) months of the
approval of this ordinance the following landscaping shall be required. West and North line perimeter
landscaping shall consist of one small, thirty (30) gallon evergreen tree (Leyland Cypress or Eastern Red
Cedar), six (6) to eight (8) feet high at time of planting, per every twenty (20) linear feet and one 3-5 gallon
shrub, reaching six (6) feet high in two (2) growing seasons, per every eight (8) linear feet along the existing
eight (8) foot tall chain link and barbed wire fence. The landscaping shall be planted between the fence and
the street right-of-way. A landscaped berm will be required along the southwestern portion of the property
where the property is higher than the travel lanes of Hays Road. The berm must be of sufficient height to
facilitate the screening of the property from Hays Road, with a minimum height of four (4) feet. The
plantings for the living screen must be of a sufficient concentration to provide a solid living screen within two
(2) growing seasons.
• East Line Perimeter: A 25-foot wide landscape setback is required. The existing chain link fence with
barbed wire will remain in place. The existing berm and tree line will suffice for the landscaping
requirement along the eastern property line. This planting material must be maintained as a solid living
screen.
• Southern Perimeter: A 5-foot wide landscape setback is required. The existing chain link fence will remain.
The southern perimeter must comply with Exhibit D.
• All plantings must be maintained in a healthy condition. Any dead or diseased plants must be replaced in a
manner to ensure proper screening.
1.8 Landscaping: All requirements for 5-gallon shrubs will be amended to 3-5 gallon shrubs, three (3) feet high at
time of planting.
TOWN OF PROSPERCOLLIN COUNTY, TEXAS2E PROSPER LLCZONING EXHIBIT 'D'1
1
H
TRO
N
LOCATION MAP
1" = 1000'
POINT OF
BEGINNING
PROJECT
LOCATION
Z12-0005A
SF-15
SF-15
SF-15
C
O
R
R
O
SF-15
SF-15
SF-10
SF-15
R
PD-56
PRESTON RD NHAYS RDHIGHPOINT DR
WEST YORKSHIRE DRBRADFORD DR
PRESTONVIEW DR
PASEWARK CIR
±0 100 200 300
Feet
1 inch = 200 feet
64
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:
Will the proposed change enhance the
site and the surrounding area?
Is the proposed change a better use
than that originally envisioned and
depicted on the Future Land Use Plan
map?
Will the proposed use impact adjacent
residential areas in a negative manner?
Will the proposed use be compatible
with and/or enhance adjacent
residential uses?
Are uses adjacent to the proposed use
similar in nature in terms of
appearance, hours of operation, and
other general aspects of compatibility?
Does the proposed use present a
significant benefit to the public health,
safety, welfare and/or social well-being
of the community?
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 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.
Z
0 0.5 1 1.50.25
Miles Plate 2
FutureLand UsePlan
July 2012
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.Legacy Dr.Virginia Pkwy.BNSF RRS. ColemanN. ColemanLovers Ln Hays RdLegend
Low Density Residential
Medium Density Residential
High Density Residential
Retail & Neighborhood Services
Business Park
Old Town District
Town Center
Tollway District
US 380 District
100 Year Floodplain
kjMajor Gateway
kj Minor Gateway
Town of Prosper
ETJ
Note: A comprehensive plan shall not constitute
zoning regulations or establish zoning district
boundaries.
Page 1 of 1
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Lyle Dresher, Interim Town Manager
Re: Town Council Meeting – September 11, 2012
Date: September 6, 2012
Agenda Item:
A public hearing to consider and discuss the Fiscal Year 2012-2013 Budget as proposed.
Description of Agenda Item:
According to Local Government Code Chapter 102, the Town must hold a public hearing on the
proposed budget.
Budget Impact:
N/A
Legal Obligations and Review:
N/A
Attached Documents:
N/A – The FY 2012-2013 Proposed Budget was included in the August 14, 2012 council packet.
It is also available online at the Town’s website www.prospertx.gov.
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
Town staff recommends that the Town Council open the public hearing to receive feedback from
the community and provide Town staff with direction on any changes to the proposed budget.
Prosper is a place where everyone matters.
Administration
Page 1 of 1
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Lyle Dresher, Interim Town Manager
Re: Town Council Meeting – September 11, 2012
Date: September 6, 2012
Agenda Item:
A public hearing to consider and discuss a proposal to increase total tax revenues from
properties on the tax roll in the preceding year by 1.75 percent.
Description of Agenda Item:
According to the Property Tax Code Section 26.05(d), the Town is required to hold two public
hearings and publish newspaper ads before adopting a tax rate that exceeds the effective rate
or rollback rate, whichever is lower.
Budget Impact:
N/A
Legal Obligations and Review:
N/A
Attached Documents:
Statement for Opening the Public Hearing
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
Town staff recommends that the Town Council open the public hearing to receive feedback from
the community and provide Town staff with any resulting direction.
Please open the public hearing with the attached statement.
Prosper is a place where everyone matters.
Administration
Page 1 of 1
To: Mayor and Town Council
From: Gary R. McHone, Asst. Chief of Police
CC: Lyle Dresher, Interim Town Manager
Re: Town Council Meeting- September 11, 2012
Date: 9/3/12
Agenda Item:
Consider an act upon amending ordinance #06-122 amended hourly rates for off-duty officers
working special events and related.
Description of Agenda Item:
Those proposed fees, or as amended, are $35.00/hour with a four hour
minimum. During inclement weather (rain, storm, snow, extreme cold or heat) the
fee is $40.00/hour. Any event that occurs on a recognized holiday is $45.00/hour
with a four hour minimum and $50.00/hour if the event occurs during inclement
weather. (This adds $5 per hour to the current rates)
Budget Impact:
N/A
Legal Obligations and Review:
Reviewed by Town Attorney
Attached Documents:
Ordinance No. 12-25
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
Town staff recommends that the Town Council approve the amendment to Ordinance #06-122
updating the hourly rate for off duty officers working special events. .
Prosper is a place where everyone matters.
PROSPER POLICE
DEPARTMENT
Amendment to Article 4.09 and Ordinance No. 06-122 (Special Events) Page 1 of 3
614219.1
TOWN OF PROSPER, TEXAS ORDINANCE NO. 12-25
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ORDINANCE NO. 06-122 AND AMENDING ARTICLE 4.09 (SPECIAL
EVENTS AND TEMPORARY OUTDOOR SEASONAL SALES), SEC.
4.09.004 (PERMIT REQUIREMEMTS; ADDITIONAL REGULATIONS)
(3) OF PROSPER’S CODE OF ORDINANCES; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS
ORDINANCE AND AN EFFECTIVE DATE THEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
previously adopted Ordinance No. 06-122 (Special Events) of the Town of Prosper, Texas (the
“Town”), adopting regulations for special events and temporary outdoor seasonal sales and
permit fees; and
WHEREAS, the Town Council has investigated into and determined that it would be in
the best interest of the Town to amend Ordinance No. 06-122 (Special Events); and
WHEREAS, the Town Council has further investigated and determined that it would be
in the best interest of the Town to amend Article 4.09 (Special Events and Temporary Outdoor
Seasonal Sales), Sec. 4.09.004 (Permit Requirements; Additional Regulations) (3) of the Town’s
Code of Ordinances; and
WHEREAS, the Town Council has investigated and determined that in order to most
effectively make the additions, deletions and amendments necessary to the Town’s Code of
Ordinances, Article 4.09 (Special Events and Temporary Outdoor Seasonal Sales), Sec. 4.09.004
(Permit Requirements; Additional Regulations) (3), it is in the best interest of the Town to amend
Ordinance No. 06-122 (Special Events), 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 s if full set forth herein.
SECTION 2: Amendment to the Town’s Code of Ordinances, Article 4.09 (Special
Events and Temporary Outdoor Seasonal Sales), Sec. 4.09.004 (Permit Requirements;
Additional Regulations) (3). Article 4.09 (Special Events and Temporary Outdoor Seasonal
Sales), Sec. 4.09.004 (Permit Requirements; Additional Regulations) (3) of the Town’s Code of
Ordinances, is hereby amended as set forth below:
Amendment to Article 4.09 and Ordinance No. 06-122 (Special Events) Page 2 of 3
614219.1
“…
(3) Safe and orderly movement of normal traffic shall not be substantially,
as solely determined by the town, interrupted. The Town may require the
permit holder to provide additional signage for traffic control and safety-
related issues. If any temporary outdoor seasonal sale or special event is
located adjacent to a TXDOT-controlled road, a TXDOT sign permit must
be obtained, and signs must be in place before a seasonal sale or event
permit is issued. (The specific requirement for TXDOT signs may be
waived if staff determines that sufficient traffic-control measures are
currently in place). The Town Police Department will review the event
traffic flow and parking plan and may require the event holder hire an off-
duty officer to direct traffic. Those current fees, or as amended, are
$35.00/hour with a four hour minimum. During inclement weather (rain,
storm, snow, extreme cold or heat) the fee is $40.00/hour. Any event that
occurs on a recognized holiday is $45.00/hour with a four hour minimum
and $50.00/hour if the event occurs during inclement weather.
…”
SECTION 3: 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 AND
NO/100 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 the Town from filing suit to enjoin the violation. The Town retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict
with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall
not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal
prevent a prosecution from being commenced for any violation if occurring prior to the repeal of
the ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 5: 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 6: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by the Town Charter and by law.
Amendment to Article 4.09 and Ordinance No. 06-122 (Special Events) Page 3 of 3
614219.1
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS on this ______ day of ____________________, 2012.
________________________________
Ray Smith, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
____________________________________
Amy Piukana, Town Secretary
Date(s) of Publication _________________________________, in the ____________.
Page 1 of 5
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Lyle Dresher, Interim Town Manager
Re: Town Council Meeting – September 11, 2012
Date: September 7, 2012
Agenda Item:
Discuss and provide direction concerning park land dedication and park improvement fee
requirements for the Brookhollow and Meadowbrook developments.
Description of Agenda Item:
Landplan, the developer of Brookhollow and Meadowbrook, is requesting the Town Council
provide direction on the park land dedication and park improvement fee requirements for portions
of property located within the Brookhollow and Meadowbrook developments. The properties being
considered, Brookhollow (north of First Street, west of Whitley Place) and Meadowbrook (south of
First Street, east of Coit Road), are located Planned Development Zoning Districts (PD-39 and PD-
25, respectively) and have different requirements for park land dedication and/or open space.
Town Requirements:
The Town’s Subdivision Ordinance requires a developer to dedicate one (1) acre of public parkland
for every thirty-five (35) residential units, or in an amount proportionately equal to five percent (5%)
of the total acreage, whichever is greater. The Parks and Recreation Board (PARBd) has the
ability to recommend the Town accept the public dedication of park land or require the developer to
pay fees in lieu of the land dedication. When evaluating the public dedication of the park land, the
PARBd should utilize the Town’s Parks, Recreation and Open Space Master Plan to guide their
recommendation.
In addition, the Town’s Subdivision Ordinance requires a developer to pay a fee per residential unit
for park improvements. The amount of the fee can either be the fee stipulated in the Planned
Development or fall back to the Town’s Subdivision Ordinance as it currently exists.
Brookhollow – The property depicted north of First Street is located within Planned Development-
39 (PD-39).
Park Land Dedication: PD-39 requires approximately 8.71 acres or 5% of the net platted area of
land to be dedicated as public park. The intent of this requirement was to complete the acquisition
of land around Town Lake. There is no requirement in PD-39 for additional dedication of private
open space.
Prosper is a place where everyone matters.
PARKS &
RECREATION
Page 2 of 5
Park Improvement Fees: In accordance with the requirements set forth in PD-39, the developer is
required to pay a fee of $1,000 per residential unit for park improvements. The PARBd has the
ability to recommend the fees be paid or to issue up to a 100% credit towards these required fees
for park improvements made by the developer.
Meadowbrook – The property depicted south of First Street is located with Planned Development-
25 (PD-25).
Park Land Dedication: The park land dedication requirement for this portion of PD-25 is not
stipulated in the Planned Development and falls back to the Town’s Subdivision Ordinance, which
requires dedication of one (1) acre of public parkland for every thirty-five (35) residential units, or in
an amount proportionately equal to five percent (5%) of the total acreage, whichever is greater.
There is a requirement in PD-25 for 45 acres of open space including but not limited to linear
parks, pocket parks, water features, creeks and natural preserved areas. Any park land dedicated
as part of this property can also count towards the open space requirement.
Park Improvement Fees: In accordance with the requirements set forth in PD-25, the developer is
required to pay a fee of $1,500 per single family unit for park improvements. The PARBd has the
ability to recommend the fees be paid or to issue up to a 100% credit towards these required fees
for park improvements made by the developer.
LandPlan Proposal:
Brookhollow
Park Land Dedication: As depicted on the attached Brookhollow Park Plan, LandPlan is proposing
to dedicate a total of approximately 17.1 acres of public park land. 8.4 acres of public park land is
for the completion of Town Lake including the dam and spillways and the remaining 8.7 acres of
public park land is located adjacent to Town Lake north of the proposed hike and bike trail.
Park Improvement Fees: LandPlan is proposing to use the $1,000/lot park improvement fees for
hike & bike trails and pedestrian bridges within the development.
Meadowbrook
Park Land Dedication: As depicted on the attached Meadowbrook Park Plan, LandPlan is
proposing to dedicate a total of approximately 55.3 acres of public park land. 40.2 acres of public
park is for the area north of the overhead electric easement, 13.1 acres for the area within the
overhead electric easement and 2 acres for the northern pond located on the 40.2 acres. In
addition, LandPlan is dedicating 8.5 acres of private open space adjacent to the overhead electric
easement that includes another pond and amenity center.
Park Improvement Fees: LandPlan is proposing to use the $1,500/lot park improvement fees for
hike & bike trails and pedestrian bridges within the development.
Staff Comments:
Brookhollow
Park Land Dedication: The 17.1 acres exceeds the area required to complete the acquisition of
land for Town Lake. The 8.4 acres consists of the actual lake, dam and spillway. To conform with
the intent of the PD, the staff recommendation is for 8.4 acres to be dedicated as public park land
to complete Town Lake. The additional 8.7 acres of proposed public park land adjacent to Town
Lake, north of the proposed hike and bike trail, serves as a good delineation for maintenance and
Page 3 of 5
while not easily accessible to the general population of the Town for recreational purposes, has
other benefits like natural wooded terrain that could remain preserved.
Park Improvement Fees: The following improvements are recommended to be constructed with
the development:
o Hike and bike trail along the north side of the development around Town Lake with a
connection to Greenspoint and Whitley Place.
o Two (2) pedestrian bridges to compete the hike and bike trail.
Meadowbrook
Park Land Dedication: The master plan shows Waterline Community Park in the general vicinity of
this development. The typical acreage of a community park is between 20 and 100 acres. The
proposed 55.3 acres north of and including the overhead electric easement and northern pond
meets the dedication requirement for a community park; however the 13.1 acres of overhead
electric easement would have limited recreational value since structures and irrigation are not
allowed to be located within its limits. In other part of Town, the overhead electric easement would
not be considered as park land; however, given its location adjacent to the park land, it does
provide some additional area for fields and open space.
Park Improvement Fees: The following improvements are recommended to be constructed with
the development:
o Hike and bike trail within the overhead electric easement from Coit Road to First
Street including a loop around the northern pond.
o Hike and bike trail along Coit Road from the southern property line to the overhead
electric easement trail.
o Hike and bike trail along First Street from the western boundary of the park land
dedication to the eastern property line of the development.
o Hike and bike trails shown internal to the development as depicted on the attached
Meadowbrook Park Plan.
o Ten (10) additional parking spaces with the amenity center parking lot to serve as a
trail head.
Town staff is requesting the Town Council give direction to Landplan concerning park land
dedication and park improvement fee requirements for the Brookhollow and Meadowbrook
developments. Based on the Town Council’s recommendation, Town staff will work with Landplan
to complete the necessary Park Development and Maintenance Agreements for formal
consideration by the Town Council at a future Town Council Meeting.
Budget Impact:
The Park Land Dedication and Park Improvement Fee fund balances will be impacted by the
acceptance of credits in lieu of fees.
Legal Obligations and Review:
Legal review of this item is not required at this time.
Attached Documents:
1. Parks & Trails Master Plan
2. Brookhollow Park Plan
3. Meadowbrook Park Plan
Page 4 of 5
Parks and Recreation Board Recommendation:
At the September 6, 2012 Parks and Recreation Board Meeting, the PARBd recommended the
following park land dedication and park improvement fee requirements for the Brookhollow and
Meadowbrook developments by a vote of 4-0.
Brookhollow
Park Land Dedication: Dedication of approximately 8.4 acres or 5% of the net platted area of land
to be dedicated as public park around Town Lake including the lake be credited as park land at a
rate of 100%. The additional 8.7 acres of proposed public park land adjacent to Town Lake, north
of the proposed hike and bike trail be credited at a rate of 50%. Total public park land dedicated is
approximately 17.1 acres and total creditable park land would be approximately 12.75 acres.
Since the proposed park land dedication exceeds the park land dedication required for the
development, credit for the additional acreage of park land dedication shall be transferable to other
Landplan properties within PD-39 and/or PD-25.
Park Improvement Fees: The developer shall construct a hike and bike trail along the north side of
the development around Town Lake with a connection to Greenspoint and Whitley Place, including
two (2) pedestrian bridges to compete the hike and bike trail.
Meadowbrook
Park Land Dedication: Dedication of approximately 55.3 acres to serve as Waterline Community
Park. The 13.1 acres of overhead electric easement would be credited as park land at a rate of
50% and the northern pond at a rate of 100%. Total creditable park land would be approximately
49 acres and since the proposed park land dedication exceeds the park land dedication required
for the development, credit for the additional acreage of park land dedication shall be transferable
to other Landplan properties within PD-39 and/or PD-25.
Park Improvement Fees: The developer shall construct a hike and bike trail within the overhead
electric easement from Coit Road to First Street including a loop around the northern pond, along
Coit Road from the southern property line to the overhead electric easement trail, along First Street
from the western boundary of the park land dedication to the eastern property line of the
development, and internal to the development as depicted on the attached Meadowbrook Park
Plan. In addition, the amenity center parking lot will include an additional ten (10) parking spaces
to serve as a trail head for the community.
Town Staff Recommendation:
Town staff recommends that the Town Council approve the PARBd recommendation regarding
park land dedication and park improvement fee requirements for the Brookhollow and
Meadowbrook developments as follows:
Brookhollow
Park Land Dedication: Dedication of approximately 8.4 acres or 5% of the net platted area of land
to be dedicated as public park around Town Lake including the lake be credited as park land at a
rate of 100%. The additional 8.7 acres of proposed public park land adjacent to Town Lake, north
of the proposed hike and bike trail be credited at a rate of 50%. Total public park land dedicated is
approximately 17.1 acres and total creditable park land would be approximately 12.75 acres and
since the proposed park land dedication exceeds the park land dedication required for the
development, credit for the additional acreage of park land dedication shall be transferable to other
Landplan properties within PD-39 and/or PD-25.
Page 5 of 5
Park Improvement Fees: The developer shall construct a hike and bike trail along the north side of
the development around Town Lake with a connection to Greenspoint and Whitley Place, including
two (2) pedestrian bridges to complete the hike and bike trail.
Meadowbrook
Park Land Dedication: Dedication of approximately 55.3 acres to serve as Waterline Community
Park. The 13.1 acres of overhead electric easement would be credited as park land at a rate of
50% and the northern pond at a rate of 100%. Total creditable park land would be approximately
49 acres and since the proposed park land dedication exceeds the park land dedication required
for the development, credit for the additional acreage of park land dedication shall be transferable
to other Landplan properties within PD-39 and/or PD-25.
Park Improvement Fees: The developer shall construct a hike and bike trail within the overhead
electric easement from Coit Road to First Street including a loop around the northern pond, along
Coit Road from the southern property line to the overhead electric easement trail, along First Street
from the western boundary of the park land dedication to the eastern property line of the
development, and internal to the development as depicted on the attached Meadowbrook Park
Plan. In addition, the amenity center parking lot will include an additional ten (10) parking spaces
to serve as a trail head for the community.
Scale Unknown
0 100 200 400
SCALE: 1" = 200’
OF
IN THE
TOWN OF PROSPER
COLLIN COUNTY, TEXAS
BROOKHOLLOW
EXHIBIT ’A’
PARK PLAN
1" = 200’ AUGUST 2012
GREENSPOINT PHASE
I
VOL. 2006, PG. 345
8.4 AC.
8.7 AC
PEDESTRIAN BIRDGE
HIKE & BIKE
TRAIL SAN. .SWR. ESMT.SAN. S
W
R
.
E
S
M
T
.
EXISTING
HIKE & BIKE TRAIL
FUTURE
HIKE & BIKE TRAIL
POSSIBLE ALTERNATIVE
TRAIL LOCATION
FRAZ
E
T
R
A
C
T
OF
IN THE
TOWN OF PROSPER
COLLIN COUNTY, TEXAS
FIRST STREET
GREENSPOINT PHASE
I
VOL. 2006, PG. 345
COIT 18 PARTNERS, L
T
D
.
DOC. NO. 200704230005
4
5
1
4
0
COIT ROAD0 100 200 400
SCALE: 1" = 200’
MEADOWBROOK(VARIABLE R.O.W.)8’ SIDEWALK 8’ SIDEWALK
8’ HIKE & BIKE TRAIL8
’
T
R
A
I
L
8’ HIKE & BI
K
E
T
R
A
I
L
8’ TRAILEXHIBIT ’A’
PARK PLAN
PARK DEDICATION
SUBJECT TO PARK AGREEMENT
40.193 ACRES 170’ T
P
&
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S
M
T
.
VOL. 81
0
,
P
G
.
6
9
3
PARK
I
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LOT
1" = 200’ AUGUST 2012
5.4 AC.
13.1 A
C
.TREE LINEPEDESTRIAN CROSSING
PEDESTRIAN CROSSING
DRAINAGEDRAINAGE
AMENITY CENTER
3.1 AC.
- 7600 LF @ $32/LF = $243,200
- 1 @ $80,000 = $80,000
- 1 LS = $30,000
SUMMARY
PROPOSED SCHOOL SITE
12.3 ACRES
ESTIMATED TRAIL COST
ESTIMATED PEDESTRIAN BRIDGE COST
ESTIMATED PARKING LOT COST
40.2 AC - PARK (N.W. OF TP & L ESMT)
13.1 AC - TP & L ESMT
2.0 AC - NORTH POND (INCLUDED IN 40.2 PARK)
5.4 AC - HOA LOT
3.1 AC - AMENITY CENTER
TOTAL LOT WITH SCHOOL 608
TOTAL LOT WITHOUT SCHOOL 641
2.0 AC
8’ SIDEWALK
8’ SIDEWALK8’ SIDEWALK8’ SIDEWALK