09.25.2012 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.
4. 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.)
4a. Consider and act upon minutes from the following Council meeting(s) (AP)
September 11, 2012 – Regular Town Council Meeting
4b. Consider and act upon the August 31, 2012 monthly financial statements. (MG)
4c. Consider and act upon 1) an interlocal agreement between the Town of Prosper and the City
of Frisco regarding the provision of Geographic Information Systems (GIS) Services to the
Town and 2) Res 12-68 authorizing the Town Manager to execute the same. (CC)
4d. Consider and act upon Ordinance No. 12-26 rezoning 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)
4e. Consider and act upon 1) an award of bid to Cardinal Contractors, Inc., 2) enter into a contract
agreement with Cardinal Contractors, Inc., regarding the construction services agreement for
the Custer Pump Station Improvements Project and 2) adopt Resolution No.12-64,
authorizing the Town Manager to execute the same. (MB)
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
AGENDA
Regular Meeting of the Prosper Town Council
108 W. Broadway
Prosper, TX 75078
Tuesday, September 25, 2012
Meeting begins at 6:00 p.m.
Page 2 of 3
(If you wish to address the Council during the regular agenda portion of the meeting, please fill out a
“Speaker Request Form” and present it to the Town Secretary prior to the meeting. Citizens wishing
to address the Council for items listed as public hearings will be recognized by the Mayor.
Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case
basis, at the discretion of the Mayor and Town Council.)
DEPARTMENT ITEMS:
6. Consider and act upon all matters incident and related to the issuance and sale of the Town of
Prosper, Texas General Obligation Bonds, Taxable Series 2012, including the adoption of
Ordinance No. 12-31, authorizing the issuance of such Bonds, approving an Official Statement, a
Bond Purchase Agreement, a Paying Agent/Registrar Agreement and an engagement letter of Bond
Counsel. (LD)
7. Consider and act upon certifying the September 15, 2012 Election Results. (AP)
8. Consider and act upon Ordinance No. 12-32, canvassing the September 15, 2012 Election and Calling
the Runoff Election for October 20, 2012 to elect a Council Member for Place 1, unexpired term.
(AP)
9. Consider and act upon Ordinance No. 12-27, increasing and modifying Water and Wastewater fees
and rate structures. (MG)
10. Consider and act upon Ordinance No. 12-28, adopting the Fiscal Year 2012-2013 Annual Budget for
the fiscal year beginning October 1, 2012 and ending September 30, 2013, and approving certain
amendments to the Fiscal Year 2011-2012 Annual Budget. (LD)
11. Consider and act upon Ordinance No. 12-29, adopting the Town of Prosper 2012 Property Tax Rate.
(LD)
12. Consider and act upon Ordinance No. 12-30, to ratify the property tax revenue increase reflected in
the Fiscal Year 2012-13 Adopted Budget as required under Section 102.007(c) of the Local
Government Code. (LD)
13. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
14. 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
Page 3 of 3
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Government Code at any
point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open.
Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this
Executive Session, will be taken and recorded in open session.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who plan to
attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are
requested to contact the Town Secretary’s Office at (972) 569-1011. BRAILLE IS NOT AVAILABLE.
Page 1 of 7
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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; and Frank Jaromin, Public Works Director.
2. Pastor Doug Kriz with Grace Christian 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 Early voting is tonight September 11th at Municipal Chambers until 7 p.m.
o Election Day is September 15, 2012
o Cory Ausenbaugh Memorial 5k and Fun Run at Frontier Park – October 13, 2012
o Council Member Dixon expressed appreciation to the Fire Department for the 911
Ceremony they held.
o Council Member Wilson thanked staff and Interim Town Manager Dresher for all
their assistance with the Community Picnic at Frontier Park. Council Member Wilson
urged the Town to continue the community picnic event yearly, as it ultimately brings
the community and its leaders together.
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
Minutes
Regular Meeting of the Prosper Town Council
Prosper ISD Administration Board Room
605 E 7th Street, Prosper, TX
Tuesday, September 11, 2012
Council Meeting
6:00 p.m.
Page 2 of 7
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 with Pioneer Concrete of
Texas, Inc. and Town of Prosper. (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)
Mayor Pro Tem Miller asked for clarification regarding Consent Item (4b) and Consent Item (4c) the
word “all alcohol sales off premise” and asked if that included the sale of liquor and if a liquor store
would be an allowed use if voters approved. Town Secretary Amy Piukana explained that the
wording states “all alcohol sales” and explained that this would include liquor sales and possibly a
liquor store if voters approve it.
After discussion, Deputy Mayor Pro Tem Dugger made a motion to approve Items 4a. through 4f, as
presented. Motion seconded by Council Member Wilson. Motion approved by vote of 6-0.
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 –
President Bill Hays with the Prosper Historical Society briefed Council regarding a visionary plan the
historical society is working on in order to preserve the heritage and history of Prosper. He passed
out the vision plan to all Council Members and asked that a partnership be created between Town
Council and the Prosper Historical Society.
REGULAR AGENDA
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(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:
Mayor Smith skipped to Item No. 7.
7. A public hearing to consider and discuss the Fiscal Year 2012-2013 Budget as proposed. Interim
Town Manager Lyle Dresher briefed Council, stating this is the second public hearing regarding the
budget and noted the budget approval is scheduled for the September 25, 2012 Town Council
Meeting. Mr. Dresher presented a PowerPoint of the General Fund summary, 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 $0.52 Cents. Finance Director Matthew Garrett briefed Council regarding the
compensation studies. Deputy Mayor Pro Tem Dugger asked if employees are compensated based on
performance. Mr. Garrett replied that the compensation amount is based upon a compensation rate
comparison study done back in 2009 that brings the salaries up to the market rate. Council Member
Wilson asked that more discussion is needed next year regarding compensation and noted that
increases should be based on performance, not just time in position. Council Member Vogelsang had
questions regarding number of Police Officers and the job reclassifications in the Fire Department
asking if the Town has a command structure. Mr. Dresher explained that the Town has budget
restraints and therefore is requesting 2 additional Police Officers. Mr. Dresher noted that he would
contact the Fire Chief to obtain a command structure and supply Council with the information.
Council Member Vogelsang asked if the Town is considering life cycle, maintenance and care of
equipment and trucks. Interim Town Manager Dresher explained that equipment replacement is
based on value verses replacement of parts and the total cost.
Council Member Vogelsang made a motion to open the Public Hearing. Motion seconded by Deputy
Mayor Pro Tem Dugger. Motion approved by vote of 6-0.
The following citizens were present in support and/or opposition to the case:
Resident Ken Weaver had questions regarding the General Fund balance and Water Sewer fund
balances. Finance Director Matthew Garrett explained they are separate amounts.
Resident Fred Luman had questions regarding employee salaries and pay increases. Mr. Luman stated
that he attends the Commissioners Court and they have reduced staff and their budget.
Council Member Wilson responded that the Council and Citizens of Prosper have very high
expectations out of staff and in order to have this type of service and maintain skilled staff it is
necessary to pay them adequately. Council Member Wilson added that pay for performance is his
goal.
Mr. Luman asked about the agreement signed with the Prosper Independent School District and why
PISD created a separate Police Department.
Page 4 of 7
Council Member Dixon suggested Mr. Luman attend a Prosper Independent School Board Meeting to
obtain detailed information. Mayor Pro Tem Miller noted that the Town of Prosper is 25 square
miles and the Prosper Independent School District is 62 square miles, extending outside the city
limits. Mayor Pro Tem noted that the Prosper Police Department can’t cover outside of Prosper like
the PISD Officer would cover.
Resident Kelly Cooper spoke regarding social equity and free marketing wages stating they are not
necessarily compatible. Ms. Cooper asked why the Town is matching other Towns and if we are
currently paying for performance.
Council Member Wilson responded that the intent of employee raises is pay for performance. Mayor
Smith explained that taxes have not been raised in over 5 years. Finance Director Matthew Garrett
explained that the raises are bringing staff salaries to the midrange from salary study comparison
done in 2009.
Council Member Dixon explained that the Town of Prosper will ultimately benefit by paying for high
quality educated employees.
Resident Ernie Sanders spoke regarding employee compensation asking if the Town is long range
planning for growth in order to offset costs.
Mayor Smith replied that the goal is for high performing employees providing a high level of service
of excellence to the citizens of Prosper. Deputy Mayor Pro Tem Dugger added that long range
planning of staff and services are done every year through the Strategic Planning Session Meetings.
Deputy Mayor Pro Tem Dugger made a motion to close the Public Hearing. Motion seconded by
Council Member Wilson. Motion approved by vote of 6-0.
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. Interim Town Manager Lyle Dresher briefed
Council regarding this item.
Council Member Dixon made a motion to open the Public Hearing. Motion seconded by Council
Member Vogelsang. Motion approved by vote of 6-0.
No one wished to speak on this item.
Mayor Pro Tem Miller made a motion to close the public hearing. Motion seconded by Deputy
Mayor Pro Tem Dugger. Motion approved by vote of 6-0.
Next Item discussed was Agenda Item No. 6. Council Member Wilson recused himself from the
meeting due to a potential conflict of interest.
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) Planning Director Chris Copple briefed Council regarding this item. The
applicant is requesting the following uses be permitted on the properties, which are not permitted
uses in straight Office zoning: Artisan’s Workshop, Gymnastics/Dance Studio, and Open Storage.
Mr. Copple noted that the 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
Page 5 of 7
law. Town staff has received two public hearing notice reply forms, with none in opposition to the
request. Mr. Copple noted that 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.
Council Member Dixon had questions regarding screening and asked that larger plantings be added to
provide more screening.
Deputy Mayor Pro Tem Dugger made a motion to open the Public Hearing. Motion seconded Mayor
Pro Tem Miller. Motion approved by vote of 5-0.
Rob Baldwin representing the property owner stated he has complied with all Planning and Zoning
recommendations and feels he has met all landscape requirements. Mr. Baldwin urged Council to
agree with P&Z’s recommendation and approve the rezoning.
Mayor Pro Tem Miller made a motion to close the Public Hearing. Motion seconded by Deputy
Mayor Pro Tem Dugger. Motion approved by vote of 5-0.
Mayor Pro Tem Miller made a motion to 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), as presented. Motion seconded by Council Member Vogelsang. Motion approved by
vote of 4-1, Council Member Dixon voting in opposition.
DEPARTMENT ITEMS:
9. Consider and act upon adopting Ordinance No. 12-25, amending Special Events and Temporary
Outdoor Seasonal Sales permit requirements. Interim Town Manager Lyle Dresher briefed Council
regarding this item. Mr. Dresher explained the proposed fees are to update the hourly rate of pay for
off duty police officers working special events. Deputy Mayor Pro Tem Dugger asked who uses the
Town’s off duty police officers. Assistant Police Chief McHone was not in attendance due to an
emergency Police call, therefore; Council Member Dixon made a motion to table the item until the
Assistance Police Chief returns to the meeting. Motion seconded by Deputy Mayor Pro Tem Dugger.
Motion approved by vote of 6-0.
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. Mayor Pro Tem Miller thanked all applicants that applied for the
Board & Commission openings stating he was very impressed with the applicants.
Deputy Mayor Pro Tem Dugger made a motion to approve appointment of the following Board &
Commission Members:
Library Board – Jerald Killion, Sherilyn Bird, Roger Flood
Economic Development Corporation – David Bristol, Gary Jackson, Reno Jones and Jordan Simms
Planning & Zoning Board – Mark DeMattia, Bill Senkel, and Rick Turner
Board of Adjustments/Construction Board of Appeals – Ane Casady, Craig Moody, and Bob
Wierschem
Parks and Recreation Board – Barbara Newell, Chris Sanchez, and Tena Worthy
Motion seconded by Council Member Vogelsang. Motion approved by vote of 6-0
11. Discuss and provide direction concerning park land dedication and park improvement fee
requirements for the Brookhollow and Meadowbrook developments. Development Director Hulon
Webb briefed Council regarding this item. Bobby Hill, representing the property owner also briefed
Page 6 of 7
Council in this item. Mr. Hill explained that 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. Mr. Webb explained at Brookhollow
location, 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. Mr. Webb explained that regarding 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.
Mr. Webb explained that at the Meadowbrook location, 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. Mr. Webb noted that LandPlan is proposing to use the $1,500/lot park improvement fees for
hike & bike trails and pedestrian bridges within the development.
After a discussion regarding park land credits and park improvement fees, Council advised staff to
work with the Developer to begin preparing a parks development agreement to address the park land
credits, expenditures of the park improvement fees and maintenance requirements for the areas
discussed.
Mayor Smith skipped to Item No. 9. Deputy Mayor Pro Tem Dugger made a motion to untable Item
No. 9 since Assistant Police Chief McHone re-entered the meeting and was able to answer questions.
Motion seconded by Mayor Prot Tem Miller. Motion approved by vote of 6-0.
9. Consider and act upon adopting Ordinance No. 12-25, amending Special Events and
Temporary Outdoor Seasonal Sales permit requirements. Interim Town Manager Lyle
Dresher briefed Council regarding this item. Assistant Police Chief McHone explained that
Police Officers are often approached to work outside events such as the Arts & Music
Festival, Fall Festival and local concerts. The Ordinance is authorizing $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.)
After a brief discussion, Mayor Pro Tem Miller made a motion to approve the amendment to
Ordinance #06-122 by adopting Ordinance No. 12-25, updating the hourly rate for off duty
officers working special events. Motion seconded by Council Member Vogelsang. Motion
approved by vote of 6-0.
12. EXECUTIVE SESSION
Deputy Mayor Pro Tem Dugger made a motion to recess into Executive Session. Motion seconded
by Mayor Pro Tem Miller. Motion approved by vote of 6-0.
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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.
13. To reconvene in Regular Session and take any action necessary as a result of the Closed Session.
Deputy Mayor Pro Tem Dugger made a motion to reconvene into Regular Session. Motion seconded
by Mayor Pro Tem Miller. Motion approved by vote of 6-0.
Deputy Mayor Pro Tem Dugger made a motion to approve entering into a real estate purchase
agreement with Sexton Farms, Ltd., for the acquisition of approximately 70 acres, and to take any
and all actions necessary to effectuate the same. Motion seconded by Council Member Wilson.
Motion approved by vote of 6-0.
14. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Council Member
Dixon advised Staff to provide an update regarding traffic accidents on Prosper Trail at Custer Road
and discuss any safety issues. Deputy Mayor Pro Tem Dugger advised staff to consider
enforcing/creating rules at Frontier Park regarding animals running loose inside the windmill
playground area.
15. Adjournment – Mayor Pro Tem Miller made a motion to adjourn. Motion seconded by Council
Member Wilson. Motion approved by vote of 6-0.
The meeting adjourned at 9:32 p.m.
APPROVED:
___________________________________
Ray Smith, Mayor
ATTEST:
_______________________________
Amy M. Piukana, TRMC
Town Secretary
To: Mayor and Town Council
From: Chris Copple, AICP, Planning Director
Cc: Lyle Dresher, Interim Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – September 25, 2012
Date: September 12, 2012
Agenda Item:
Consider and act upon 1) an interlocal agreement between the Town of Prosper and the City of
Frisco regarding the provision of Geographic Information Systems (GIS) Services to the Town and
2) a resolution authorizing the Town Manager to execute the same.
Description of Agenda Item:
For the years 2003-2005, the Prosper Economic Development Corporation (PEDC) contracted with
the City of Frisco for the provision of GIS Services to the Town. In 2005, the funding for the
agreement was shifted from the PEDC to the Development Services Department. The current
interlocal agreement with Frisco expires at the end of September 2012. Staff has attached an
interlocal agreement with Frisco to provide GIS services through September 2013.
Budget Impact:
Approval of this agreement obligates the Town to pay Frisco $45,000 divided into four equal
quarterly payments for the provision of GIS services. The FY12-13 Planning Division Budget
includes $45,000 for GIS services.
Legal Obligations and Review:
This agreement has been reviewed by the Town Attorney.
Attached Documents:
1. Interlocal agreement between the Town of Prosper and the City of Frisco regarding the
provision of GIS Services.
2. Resolution authorizing the Town Manager to execute the agreement
Town Staff Recommendation:
Town staff recommends that the Town Council approve 1) an interlocal agreement between the
Town of Prosper and the City of Frisco regarding the provision of Geographic Information Systems
(GIS) Services to the Town and 2) a resolution authorizing the Town Manager to execute the
same.
Prosper is a place where everyone matters.
PLANNING
\\frisco2\susan\budget\FY13\Prosper\Interlocal Agreement (GIS Services) FY13
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF FRISCO, TEXAS
AND THE TOWN OF PROSPER, TEXAS
(Geographic Information Systems Services)
THIS AGREEMENT (the “Agreement”), made and entered into this _____ day of
October, 2012, by and between the CITY OF FRISCO, TEXAS (“Frisco”), a municipal
corporation, and the TOWN OF PROSPER (“Prosper”), a municipal corporation.
WHEREAS, Frisco has investigated and determined that it would be advantageous and
beneficial to Frisco and its citizens to provide Geographic Information System (“GIS”) services
to Prosper; and
WHEREAS, Prosper has investigated and determined that it would be beneficial to
Prosper and its citizens to employ Frisco for the purpose of providing GIS services for Prosper;
and
WHEREAS, Prosper has investigated and determined that GIS services will be used to
develop and maintain a database and materials that will be beneficial in attracting future
economic development to Prosper; and
WHEREAS, Prosper has investigated and determined that Frisco has adequate personnel
and equipment to provide the necessary GIS services; and
WHEREAS, Prosper has investigated and determined that obtaining GIS services from
Frisco, as set forth below, will be the most efficient use of funds for GIS services; and
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code
(the “Act”), provides the authority to political subdivisions for contracts by and between each
other to facilitate the governmental functions and services of said political subdivisions under the
terms of the Act.
NOW, THEREFORE, in consideration of the covenants and conditions contained in this
Agreement, Frisco and Prosper agree as follows:
1. Obligations of Prosper.
Prosper will provide to Frisco the materials included in the Statement of Work, attached
hereto as Exhibit “A” and incorporated herein for all purposes, in accordance with the project
schedule included in Exhibit “A”.
2. Obligations of Frisco.
A. Frisco will provide the GIS services outlined in Exhibit “A” in accordance with the
project schedule included in Exhibit “A”.
\\frisco2\susan\budget\FY13\Prosper\Interlocal Agreement (GIS Services) FY13
B. The electronic data created by Frisco as outlined in Exhibit “A” will be the property of
Prosper and Frisco and shall be provided to Prosper periodically upon written request
and/or upon termination of this agreement.
3. Compensation. Prosper shall pay to Frisco $45,000.00 as compensation for the GIS services
provided to Prosper in accordance with this Agreement. The compensation shall be divided
into four (4) quarterly equal payments.
4. Term/Termination. The term of this Agreement shall commence on the date established
above and shall continue in effect until September 30, 2013. It is the intent of both parties to
extend this agreement through the 2013-2014 fiscal year. At the time of execution of this
agreement, the statement of work for Fiscal Year 2013-2014 had not been determined, nor
had the compensation for such work been calculated. Prior to the termination of this
agreement, the parties shall complete the determination of the Fiscal Year 2013-2014
statement of work and the compensation calculations for such work and negotiate an
extension to this agreement to September 30, 2014. Similar extensions shall be negotiated
near the termination of each fiscal year until such time as either party desires to terminate the
agreement.
5. Notice. Any notice required or permitted to be delivered hereunder shall be deemed to be
delivered, whether or not actually received, when deposited in the United States Mail,
postage pre-paid, certified mail, return receipt requested, addressed to either party, as the
case may be, at the addresses contained below:
City: City of Frisco
Attn: City Manager
6101 Frisco Square Blvd
Frisco, Texas 75034
Town: Town of Prosper
Attn: Town Manager
P.O. Box 307
Prosper, TX 75078
6. Miscellaneous.
A. Assignment. This Agreement is not assignable without the prior written consent of the
Parties.
B. Entire Agreement. This Agreement contains the entire agreement of the parties with
respect to the matters contained herein and may not be modified or terminated except
upon the provisions hereof or by the mutual written agreement of the parties hereto.
\\frisco2\susan\budget\FY13\Prosper\Interlocal Agreement (GIS Services) FY13
C. Venue. This Agreement shall be construed in accordance with the laws of the State of
Texas and shall be performable in Collin County, Texas.
D. Consideration. This Agreement is executed by the parties hereto without coercion or
duress and for substantial consideration, the sufficiency of which is forever confessed.
E. Counterparts. This Agreement may be executed in a number of identical counterparts,
each of which shall be deemed an original for all purposes.
F. Authority to Execute. The individuals executing this Agreement on behalf of the
respective parties below represent to each other and to others that all appropriate and
necessary action has been taken to authorize the individual who is executing this
Agreement to do so for and on behalf of the party for which his or her signature appears,
that there are no other parties or entities required to execute this Agreement in order for
the same to be an authorized and binding agreement on the party for whom the individual
is signing this Agreement and that each individual affixing his or her signature hereto is
authorized to do so, and such authorization is valid and effective on the date hereof.
G. Savings/Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect any other provision
thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
H. Representations. Each signatory represents this Agreement has been read by the party
for which this Agreement is executed and that such party has had an opportunity to
confer with its counsel.
I. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally
by all parties hereto. The language of all parts of this Agreement shall be construed as a
whole according to its fair meaning, and any presumption or principle that the language
herein is to be construed against any party shall not apply. Headings in this Agreement
are for the convenience of the parties and are not intended to be used in construing this
document.
J. Pursuit of a Governmental Function. Both Frisco and Prosper have determined by
their execution of this Agreement that this Agreement and the obligations of the parties
contained herein are in discharge of a governmental function as set forth in the Interlocal
Cooperation, Chapter 791, Texas Government Code, and the participation by either party
in the terms of this Agreement shall not make such party an agent or representative of the
other party.
K. Sovereign Immunity. The parties agree that neither Frisco nor Prosper has waived its
sovereign immunity by entering into and performing their respective obligations under
this Agreement.
\\frisco2\susan\budget\FY13\Prosper\Interlocal Agreement (GIS Services) FY13
L. Binding Agreement. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns. No third party
shall have any rights herein.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective on the latest date as reflected by the signatures below.
THE CITY OF FRISCO, TEXAS
By: ________________________ Date: ___________
Name: ______________________
Title: _______________________
THE TOWN OF PROSPER
By: ________________________ Date: ___________
Name:______________________
Title: _______________________
\\frisco2\susan\budget\FY13\Prosper\Interlocal Agreement (GIS Services) FY13
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared
____________________________ known to me to be one of the persons whose names are
subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized
representative for the TOWN OF PROSPER, TEXAS, and he/she executed said instrument for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____ day of __________,
2012.
_______________________________________
Notary Public in and for the
State of Texas
My Commission Expires:
_______________________________________
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared
_________________________, known to me to be one of the persons whose names are
subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized
representative for the CITY OF FRISCO, TEXAS, and he/she executed said instrument for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____day of ___________,
2012.
_______________________________________
Notary Public in and for the
State of Texas
My Commission Expires:
_______________________________________
EXHIBIT A
Statement of Work
GIS Services for Town of Prosper
City of Frisco, GIS
FY13
Introduction
This Statement of Work (SOW) sets forth requirements of Town of Prosper for implementation
of work, including the maintenance of GIS Base Layers, maintenance of end user GIS software,
Mapping Services.
Maintain GIS Base Layers
Prosper has requested the following data layers be maintained:
1. Parcel
2. TaxRoll
3. Water
4. Sewer
5. Storm
6. Roads
7. Zoning
8. Addresses
9. Annexation
10. Subdivision
11. Hunting Layer
12. Town Limits
13. ETJ
14. Public facilities
15. Parks
16. Schools
17. Final Plats
18. Sex Offender Locations
19. Sex Offender Free Zones
20. Developer Agreements
21. Trash Days
Maintain End User GIS Software
Prosper has requested the maintenance of the ArcReader or online solution.
Mapping Services
Prosper has requested “on demand” as well as ongoing mapping services.
Work To Be Performed
Maintain GIS Base Layers
Prosper will provide Frisco Final Plats, in both PDF and AutoCAD formats. Frisco will enter
these Final Plats into the GIS base layer.
Frisco will engage RAMTeCH Corporation for a continuation of the current data conversion
contract.
Prosper will provide Frisco AsBuilts, in both PDF and AutoCAD formats, along with any GPS
data collected, to be converted by RAMTeCH within 2 weeks of receipt by Prosper. To maintain
efficiencies, Frisco will be sending these plans to Ramtech in bulk deliveries upon receipt of at
least 6 plans or every 3 months whichever occurs first. Prosper will provide Frisco with an
average of 3 Zoning changes and/or new ordinances per month for input into the GIS.
Prosper will provide Frisco with an average of 2 Annexation changes and/or new ordinances per
month for input into the GIS.
Prosper will provide Frisco with legal descriptions of all Zoning and Annexation cases for
verification prior to Town Council approval.
Maintain End User GIS Software
Frisco will provide support for the online mapping application for internal use only.
Mapping Services
Prosper has requested the following maps be made available on an ongoing basis. In
addition, Prosper has requested these maps in digital (PDF) format.
Quantity Frequency
Zoning Maps 7 Quarterly
Street/Subdivision Maps 20 Quarterly
Annexation Maps 7 Quarterly
Wet Dry Maps 5 2 x per year
Fire Map Book (PDF) 0 6-8 x per year
Sex Offender Maps 3 1-2 x per year
Developer Agreement Maps 3 1-2 x per year
Prosper has requested “on demand” mapping services to be provided as needed. The
mapping services will not exceed and average of 8 hours per month.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-68
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN THE TOWN OF PROSPER,
TEXAS AND THE CITY OF FRISCO, TEXAS REGARDING THE
PROVISION OF GEOGRAPHIC INFORMATION SYSTEMS SERVICES
FOR THE TOWN.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to
execute, on behalf of the Town Council of the Town of Prosper, Texas, an Interlocal Agreement
between the Town of Prosper, Texas, and The City of Frisco, Texas regarding the provision of
Geographic Information Systems (GIS) Services for the Town in the amount of $45,000.00.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 25th day of September, 2012.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, Town Secretary
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 25, 2012
Date: September 20, 2012
Agenda Item:
Consider and act upon an ordinance rezoning 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:
On September 11, 2012, the Town Council approved zoning case Z12-0005, by a vote of 4-1.
Town staff has prepared an ordinance rezoning the property.
Budget Impact:
There are no significant budget implications associated with the approval of this zoning request.
Legal Obligations and Review:
Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving a
zoning request and adopting an ordinance rezoning property. A public hearing has been held and
the Town Council approved the zoning case. The ordinance has been prepared. Review of the
ordinance by the Town Attorney is not required.
Attached Documents:
1. The ordinance rezoning the property is attached.
Town Staff Recommendation:
Town staff recommends the Town Council adopt the attached ordinance, rezoning 4.3± acres,
located on the southeast corner of Hays Road and Highpoint Drive, from Agricultural (A) to
Planned Development-Office (PD-O).
Prosper is a place where everyone matters.
PLANNING
TOWN OF PROSPER, TEXAS ORDINANCE NO. 12-26
AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 4.298 ACRES, MORE OR
LESS, SITUATED IN THE W. BUTLER SURVEY, ABSTRACT NO. 112, IN THE
TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED
AGRICULTURAL (A) IS HEREBY REZONED AND PLACED IN THE ZONING
CLASSIFICATION OF PLANNED DEVELOPMENT-OFFICE (PD-O);
DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that Zoning Ordinance No. 05-20 should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from 2E Prosper
LLC (“Applicant”) to rezone 4.298 acres of land, more or less, situated in the W. Butler Survey, Abstract
No. 112, in the Town of Prosper, Collin County, Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts contained in
the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and form set
forth by law, and public hearings have been held on the proposed rezoning and all other requirements of
notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is
amended as follows: The zoning designation of the below-described property containing 4.298 acres of
land, more or less, situated in the W. Butler Survey, Abstract No. 112, in the Town of Prosper, Collin
County, Texas, (the “Property”) and all streets, roads and alleyways contiguous and/or adjacent thereto is
hereby rezoned as Planned Development-Office (PD-O). The property as a whole and the boundaries for
each zoning classification are more particularly described in Exhibit “A” attached hereto and incorporated
herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned Development District
shall conform to, and comply with 1) the statement of intent and purpose, attached hereto as Exhibit “B”;
2) the planned development standards, attached hereto as Exhibit “C”; 3) and the concept plan, attached
hereto as Exhibit “D”, which are incorporated herein for all purposes as if set forth verbatim. Except as
amended by this Ordinance, the development of the Property within this Planned Development District
must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently
exist or may be amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted and
shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original records and
shall not be changed in any matter.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date by
posting thereon all changes and subsequent amendments for observation, issuing building
permits, certificates of compliance and occupancy and enforcing the Zoning Ordinance.
Reproduction for information purposes may from time-to-time be made of the official zoning
district map.
Written notice of any amendment to this Planned Development District shall be sent to all
property owners within two hundred feet (200’) of the specific area to be amended.
SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of this
Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation
to make use of said premises in some manner other than as authorized by this Ordinance, and shall be
unlawful for any person, firm or corporation to construct on said premises any building that is not in
conformity with the permissible uses under this Zoning Ordinance.
SECTION 5: Penalty. Any person, firm, corporation or business entity violating this Ordinance or
any provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars
($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense.
The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin
the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and
federal law.
SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or
phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional or invalid.
SECTION 7: Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in
full force and effect, save and except as amended by this or any other Ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such
repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal
prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption
and publications as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 25th DAY OF SEPTEMBER, 2012.
APPROVED AS TO FORM:
______________________________
Ray Smith, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
____________________________
Amy Piukana, Town Secretary
DATE OF PUBLICATION: ____________________________, Prosper Press
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
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LOCATION MAP
1" = 1000'
POINT OF
BEGINNING
PROJECT
LOCATION
Agenda Item No. - Page 1 of 2
To: Mayor and Town Council
From: Michael Bulla, CIP Project Manager
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Lyle Dresher, Interim Town Manager
Re: Town Council Meeting – September 25, 2012
Date: September 17, 2012
Agenda Item:
Consider and act upon 1) an award of bid to Cardinal Contractors, Inc., 2) enter into a contract
agreement with Cardinal Contractors, Inc., regarding the construction services agreement for the
Custer Pump Station Improvements Project and 2) adopt a resolution authorizing the Town
Manager to execute the same.
Description of Agenda Item:
On August 30, 2012 at 2:05pm, seven (7) bids were opened for the Custer Pump Station
Improvements Project. The verified totals from the bidders ranged between $4,975,000 and
$7,657,490 with an average bid of $5,682,370. This project provides for the construction of a five
(5) million gallon (MG) ground storage tank north of the existing 3 MG tank on Custer Road. In
addition, the project adds 800 SF to the existing mechanical building for accommodating electrical
improvements associated with the installation of two new 400hp pumps. Finally, a new 1000kW
generator and North Texas Municipal Water District meter vault will be constructed with the
necessary appurtenances. Cardinal Contractors, Inc., was determined to be the lowest qualified
bidder at $4,753,000.00.
Budget Impact:
The total cost of the construction contract is $4,753,000.00 and will be funded from the 2008 CO
Bonds.
Legal Obligations and Review:
The contract is a standard construction contract previously approved by the Town Attorney.
Attached Documents:
The following documentation is being provided for review:
1. Freese & Nichols Recommendation Letter
2. Bid Tabulations
3. Copy of Contract Agreement
4. Location Map
5. Resolution
Prosper is a place where everyone matters.
ENGINEERING
Agenda Item No. - Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council: 1) approve the bid to Cardinal Contractors, Inc., in
the amount of $4,753,000.00, 2) enter into a contract agreement with Cardinal Contractors, Inc.,
regarding the construction services agreement for the Custer Pump Station Improvements Project
and 2) adopt a resolution authorizing the Town Manager to execute the same.
Comprehensive Bid Tab
Town of Prosper Apparent Lowest Bidder
Custer Road Pump Station Improvements Variance from Bidder's Bid Form
PRP12100
Item
No.Description Unit
Estimated
Quantity Unit Price Extended Amount Unit Price Extended Amount Unit Price Extended Amount Unit Price Extended Amount Unit Price Extended Amount Unit Price Extended Amount Unit Price Extended Amount
A Custer Road Pump Station and 3.0 MG Ground Storage Tank
1
For construction of the Custer Road Pump Station
Improvements complete and in place as shown in the
plans and described in the specifications, except such
items as are listed below for a lump sum amount of
_____________________________________ dollars
and __________________________________ cents.
LS 1 2,435,000.00$ 2,435,000.00$ 1,875,000.00$ 1,875,000.00$ 2,153,780.00$ 2,153,780.00$ 2,200,000.00$ 2,200,000.00$ 2,000,000.00$ 2,000,000.00$ 2,655,000.00$ 2,655,000.00$ 4,916,000.00$ 4,916,000.00$
2
For construction of the 3.0 MG Ground StorageTank
complete and in place as shown in the plans and
described in the specifications, including tank, structural
excavation and backfill, foundation, inlet, outlet pipes,
and appurtenances for a lump sum amount of
_____________________________________ dollars
and __________________________________ cents.
LS 1 2,285,000.00$ 2,285,000.00$ 3,100,000.00$ 3,100,000.00$ 2,000,000.00$ 2,000,000.00$ 2,154,000.00$ 2,154,000.00$ 2,200,000.00$ 2,200,000.00$ 1,947,000.00$ 1,947,000.00$ 1,600,000.00$ 1,600,000.00$
3
Stormwater Pollution Prevention Plan for a unit price of
_____________________________________ dollars
and __________________________________ cents.
LS 1 3,699.12$ 3,699.12$ 10,000.00$ 10,000.00$ 6,000.00$ 6,000.00$ 4,000.00$ 4,000.00$ 7,000.00$ 7,000.00$ 3,000.00$ 3,000.00$ 16,000.00$ 16,000.00$
4
Trench Safety (Bidder Estimates Quantity) for a unit price
of
_____________________________________ dollars
and __________________________________ cents.
LF XXX 2.00$ 1,000.00$ 2.00$ 1,000.00$ 2.00$ 1,060.00$ 5.00$ 3,000.00$ 4.00$ 1,800.00$ 5.00$ 3,000.00$ 1.00$ 550.00$
5
24" Drilled Shafts for a unit price amount of
_____________________________________ dollars
and __________________________________ cents.
VLF 152 61.19$ 9,300.88$ 60.00$ 9,120.00$ 80.00$ 12,160.00$ 80.00$ 12,160.00$ 50.00$ 7,600.00$ 70.00$ 10,640.00$ 120.00$ 18,240.00$
Subtotal A (Bid Items 1-5)4,734,000.00$ 4,995,120.00$ 4,173,000.00$ 4,373,160.00$ 4,216,400.00$ 4,618,640.00$ 6,550,790.00$
B
1
Additive alternate for additional costs associated with
constructing a 5.0 MG tank in place of the 3.0 MG tank
as shown in the plans and as described in the
specifications for a lump sum amount of
_____________________________________ dollars
and __________________________________ cents.
LS 1 1,086,000.00$ 1,086,000.00$ 575,000.00$ 575,000.00$ 525,000.00$ 525,000.00$ 780,000.00$ 780,000.00$ 620,000.00$ 620,000.00$ 644,000.00$ 644,000.00$ 775,000.00$ 775,000.00$
2
For construction of NTMWD Meter Vault modifications
including a 12" meter, control valving, flow conditioner
and associated piping complete and in place as shown in
the plans and specifications for a lump sum amount of
_____________________________________ dollars
and __________________________________ cents.
LS 1 233,000.00$ 233,000.00$ 195,000.00$ 195,000.00$ 194,000.00$ 194,000.00$ 175,000.00$ 175,000.00$ 200,000.00$ 200,000.00$ 196,000.00$ 196,000.00$ 175,000.00$ 175,000.00$
3
For construction of NTMWD Meter Vault modifications
including an 8" meter, control valving, flow conditioner
and associated piping complete and in place as shown in
the plans and specifications, including new meter, valves,
flow conditioner, piping and appurtenances for a lump
sum amount of
_____________________________________ dollars
and __________________________________ cents.
LS 1 222,000.00$ 222,000.00$ 180,000.00$ 180,000.00$ 185,000.00$ 185,000.00$ 162,000.00$ 162,000.00$ 188,000.00$ 188,000.00$ 187,000.00$ 187,000.00$ 150,000.00$ 150,000.00$
4
Additive alternate for painting "Town of Prosper" on top of
the existing and proposed tanks as shown in the plans
and as described in the specifications for a lump sum
amount of
_____________________________________ dollars
and __________________________________ cents.
LS 1 26,400.00$ 26,400.00$ 25,000.00$ 25,000.00$ 15,500.00$ 15,500.00$ 14,000.00$ 14,000.00$ 15,000.00$ 15,000.00$ 16,000.00$ 16,000.00$ 15,500.00$ 15,500.00$
5
Remobilization for construction of the South Prosper
Flow Meter Vault Modifications for a lump sum amount of
_____________________________________ dollars
and __________________________________ cents.LS 1 2,000.00$ 2,000.00$ 30,000.00$ 30,000.00$ 1,000.00$ 1,000.00$ 3,000.00$ 3,000.00$ 3,000.00$ 3,000.00$ 7,000.00$ 7,000.00$ 4,000.00$ 4,000.00$
6
Round Trip Charge for Delivery and Removal of a
Portable Generator to run one existing pump and all
ancillary loads for a unit price amount of
_____________________________________ dollars
and __________________________________ cents.
EA 4 750.00$ 3,000.00$ 2,500.00$ 10,000.00$ 2,600.00$ 10,400.00$ 2,400.00$ 9,600.00$ 4,800.00$ 19,200.00$ 2,000.00$ 8,000.00$ 750.00$ 3,000.00$
7
Fuel and Maintenance Charges for a Portable Generator
to run one existing pump and all ancillary loads for a unit
price amount of to run one existing pump during
shutdowns for the Utility Transformer Modifications for a
unit price amount of
_____________________________________ dollars
and __________________________________ cents.
HR 20 650.00$ 13,000.00$ 110.00$ 2,200.00$ 110.00$ 2,200.00$ 150.00$ 3,000.00$ 200.00$ 4,000.00$ 700.00$ 14,000.00$ 210.00$ 4,200.00$
8
Construction Contingency for a lump sum amount of
One Hundred Thousand_________________ dollars
and Zero_______________________________ cents.
LS 1 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$
9
For modifications to the existing south Prosper flow meter
vault as shown on Sheet C-6, including electrical
improvements, for a lump sum amount of
______ _________ dollars
and _____ __________________________ cents.
LS 1 54,000.00$ 54,000.00$ 55,000.00$ 55,000.00$ 50,000.00$ 50,000.00$ 59,000.00$ 59,000.00$ 49,000.00$ 49,000.00$ 60,000.00$ 60,000.00$ 55,000.00$ 55,000.00$
10
Machining pump can flanges for a unit price amount of
______ _________ dollars
and _____ __________________________ cents.
EA 2 9,300.00$ 18,600.00$ 5,000.00$ 10,000.00$ 10,000.00$ 20,000.00$ 3,500.00$ 7,000.00$ 21,900.00$ 43,800.00$ 13,000.00$ 26,000.00$ 1,500.00$ 3,000.00$
Subtotal B (Bid Items 1-10)1,758,000.00$ 1,182,200.00$ 1,103,100.00$ 1,312,600.00$ 1,242,000.00$ 1,258,000.00$ 1,284,700.00$
TOTAL AMOUNT (ITEM A)4,734,000.00$ 4,995,120.00$ 4,173,000.00$ 4,373,160.00$ 4,216,400.00$ 4,618,640.00$ 6,550,790.00$
**Add (+) or Deduct (-)(837,000.00)$ (950,120.00)$ -$ (160,000.00)$ -$ -$ (178,000.00)$
TOTAL AMOUNT BID (ITEM A)3,897,000.00$ 4,045,000.00$ 4,173,000.00$ 4,213,160.00$ 4,216,400.00$ 4,618,640.00$ 6,372,790.00$
TOTAL AMOUNT (ITEM A + ITEM B)6,492,000.00$ 6,177,320.00$ 5,276,100.00$ 5,685,760.00$ 5,458,400.00$ 5,876,640.00$ 7,835,490.00$
**Add (+) or Deduct (-)(1,517,000.00)$ (990,120.00)$ -$ (340,000.00)$ -$ -$ (178,000.00)$
TOTAL AMOUNT BID (ITEM A + ITEM B)4,975,000.00$ 5,187,200.00$ 5,276,100.00$ 5,345,760.00$ 5,458,400.00$ 5,876,640.00$ 7,657,490.00$
BID BOND X X X X X X X
ADDENDUM #1 ACKNOWLEDGED X X X X X X X
ADDENDUM #2 ACKNOWLEDGED X X X X X X X
ADDENDUM #3 ACKNOWLEDGED X X X X X X X
SHUTDOWN PLAN X X X X X X X
** Provision is made for Bidder to include an addition or deduction in his bid, if he wishes, to reflect any last minute adjustments in price. The addition or deduction, if made, will be applied to the bid for item A1.
Additive Alternates - Used only as elected by the Owner
Mountain Cascade, Inc.BRB Contractors, Inc.Red River Construction, Co.Crescent Constructors, Inc.
Archer Western Construction,
LLCCardinal Contractors, Inc.Gracon Construction, Inc.
Town of Prosper Apparent Lowest Bidder
Custer Road Pump Station Improvements Variance from Bidder's Bid Form
PRP12100
Item
No.Description Unit
Estimated
Quantity Unit Price Extended Amount Unit Price Extended Amount Unit Price Extended Amount Unit Price Extended Amount Unit Price Extended Amount Unit Price Extended Amount Unit Price Extended Amount
A Custer Road Pump Station and 3.0 MG Ground Storage Tank
1
For construction of the Custer Road Pump Station
Improvements complete and in place as shown in the
plans and described in the specifications, except such
items as are listed below for a lump sum amount of
_____________________________________ dollars
and __________________________________ cents.
LS 1 2,435,000.00$ 2,435,000.00$ 1,875,000.00$ 1,875,000.00$ 2,153,780.00$ 2,153,780.00$ 2,200,000.00$ 2,200,000.00$ 2,000,000.00$ 2,000,000.00$ 2,655,000.00$ 2,655,000.00$ 4,916,000.00$ 4,916,000.00$
2
For construction of the 3.0 MG Ground StorageTank
complete and in place as shown in the plans and
described in the specifications, including tank, structural
excavation and backfill, foundation, inlet, outlet pipes,
and appurtenances for a lump sum amount of
_____________________________________ dollars
and __________________________________ cents.
LS 1 2,285,000.00$ 2,285,000.00$ 3,100,000.00$ 3,100,000.00$ 2,000,000.00$ 2,000,000.00$ 2,154,000.00$ 2,154,000.00$ 2,200,000.00$ 2,200,000.00$ 1,947,000.00$ 1,947,000.00$ 1,600,000.00$ 1,600,000.00$
3
Stormwater Pollution Prevention Plan for a unit price of
_____________________________________ dollars
and __________________________________ cents.
LS 1 3,699.12$ 3,699.12$ 10,000.00$ 10,000.00$ 6,000.00$ 6,000.00$ 4,000.00$ 4,000.00$ 7,000.00$ 7,000.00$ 3,000.00$ 3,000.00$ 16,000.00$ 16,000.00$
4
Trench Safety (Bidder Estimates Quantity) for a unit price
of
_____________________________________ dollars
and __________________________________ cents.
LF XXX 2.00$ 1,000.00$ 2.00$ 1,000.00$ 2.00$ 1,060.00$ 5.00$ 3,000.00$ 4.00$ 1,800.00$ 5.00$ 3,000.00$ 1.00$ 550.00$
5
24" Drilled Shafts for a unit price amount of
_____________________________________ dollars
and __________________________________ cents.
VLF 152 61.19$ 9,300.88$ 60.00$ 9,120.00$ 80.00$ 12,160.00$ 80.00$ 12,160.00$ 50.00$ 7,600.00$ 70.00$ 10,640.00$ 120.00$ 18,240.00$
Subtotal A (Bid Items 1-5)4,734,000.00$ 4,995,120.00$ 4,173,000.00$ 4,373,160.00$ 4,216,400.00$ 4,618,640.00$ 6,550,790.00$
B
1
Additive alternate for additional costs associated with
constructing a 5.0 MG tank in place of the 3.0 MG tank
as shown in the plans and as described in the
specifications for a lump sum amount of
_____________________________________ dollars
and __________________________________ cents.
LS 1 1,086,000.00$ 1,086,000.00$ 575,000.00$ 575,000.00$ 525,000.00$ 525,000.00$ 780,000.00$ 780,000.00$ 620,000.00$ 620,000.00$ 644,000.00$ 644,000.00$ 775,000.00$ 775,000.00$
2
For construction of NTMWD Meter Vault modifications
including a 12" meter, control valving, flow conditioner
and associated piping complete and in place as shown in
the plans and specifications for a lump sum amount of
_____________________________________ dollars
and __________________________________ cents.
LS 1 233,000.00$ 233,000.00$ 195,000.00$ 195,000.00$ 194,000.00$ 194,000.00$ 175,000.00$ 175,000.00$ 200,000.00$ 200,000.00$ 196,000.00$ 196,000.00$ 175,000.00$ 175,000.00$
3
For construction of NTMWD Meter Vault modifications
including an 8" meter, control valving, flow conditioner
and associated piping complete and in place as shown in
the plans and specifications, including new meter, valves,
flow conditioner, piping and appurtenances for a lump
sum amount of
_____________________________________ dollars
and __________________________________ cents.
LS 1 222,000.00$ 222,000.00$ 180,000.00$ 180,000.00$ 185,000.00$ 185,000.00$ 162,000.00$ 162,000.00$ 188,000.00$ 188,000.00$ 187,000.00$ 187,000.00$ 150,000.00$ 150,000.00$
4
Additive alternate for painting "Town of Prosper" on top of
the existing and proposed tanks as shown in the plans
and as described in the specifications for a lump sum
amount of
_____________________________________ dollars
and __________________________________ cents.
LS 1 26,400.00$ 26,400.00$ 25,000.00$ 25,000.00$ 15,500.00$ 15,500.00$ 14,000.00$ 14,000.00$ 15,000.00$ 15,000.00$ 16,000.00$ 16,000.00$ 15,500.00$ 15,500.00$
5
Remobilization for construction of the South Prosper
Flow Meter Vault Modifications for a lump sum amount of
_____________________________________ dollars
and __________________________________ cents.LS 1 2,000.00$ 2,000.00$ 30,000.00$ 30,000.00$ 1,000.00$ 1,000.00$ 3,000.00$ 3,000.00$ 3,000.00$ 3,000.00$ 7,000.00$ 7,000.00$ 4,000.00$ 4,000.00$
6
Round Trip Charge for Delivery and Removal of a
Portable Generator to run one existing pump and all
ancillary loads for a unit price amount of
_____________________________________ dollars
and __________________________________ cents.EA 4 750.00$ 3,000.00$ 2,500.00$ 10,000.00$ 2,600.00$ 10,400.00$ 2,400.00$ 9,600.00$ 4,800.00$ 19,200.00$ 2,000.00$ 8,000.00$ 750.00$ 3,000.00$
7
Fuel and Maintenance Charges for a Portable Generator
to run one existing pump and all ancillary loads for a unit
price amount of to run one existing pump during
shutdowns for the Utility Transformer Modifications for a
unit price amount of
_____________________________________ dollars
and __________________________________ cents.
HR 20 650.00$ 13,000.00$ 110.00$ 2,200.00$ 110.00$ 2,200.00$ 150.00$ 3,000.00$ 200.00$ 4,000.00$ 700.00$ 14,000.00$ 210.00$ 4,200.00$
8
Construction Contingency for a lump sum amount of
One Hundred Thousand_________________ dollars
and Zero_______________________________ cents.
LS 1 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$
9
For modifications to the existing south Prosper flow meter
vault as shown on Sheet C-6, including electrical
improvements, for a lump sum amount of
______ _________ dollars
and _____ __________________________ cents.
LS 1 54,000.00$ 54,000.00$ 55,000.00$ 55,000.00$ 50,000.00$ 50,000.00$ 59,000.00$ 59,000.00$ 49,000.00$ 49,000.00$ 60,000.00$ 60,000.00$ 55,000.00$ 55,000.00$
10
Machining pump can flanges for a unit price amount of
______ _________ dollars
and _____ __________________________ cents.
EA 2 9,300.00$ 18,600.00$ 5,000.00$ 10,000.00$ 10,000.00$ 20,000.00$ 3,500.00$ 7,000.00$ 21,900.00$ 43,800.00$ 13,000.00$ 26,000.00$ 1,500.00$ 3,000.00$
Subtotal B (Bid Items 1-10)1,758,000.00$ 1,182,200.00$ 1,103,100.00$ 1,312,600.00$ 1,242,000.00$ 1,258,000.00$ 1,284,700.00$
TOTAL AMOUNT (ITEM A)4,734,000.00$ 4,995,120.00$ 4,173,000.00$ 4,373,160.00$ 4,216,400.00$ 4,618,640.00$ 6,550,790.00$
**Add (+) or Deduct (-)(837,000.00)$ (950,120.00)$ -$ (160,000.00)$ -$ -$ (178,000.00)$
TOTAL AMOUNT BID (ITEM A) 3,897,000.00$ 4,045,000.00$ 4,173,000.00$ 4,213,160.00$ 4,216,400.00$ 4,618,640.00$ 6,372,790.00$
TOTAL AMOUNT (ITEM A + ITEM B) 6,492,000.00$ 6,177,320.00$ 5,276,100.00$ 5,685,760.00$ 5,458,400.00$ 5,876,640.00$ 7,835,490.00$
**Add (+) or Deduct (-)(1,517,000.00)$ (990,120.00)$ -$ (340,000.00)$ -$ -$ (178,000.00)$
TOTAL AMOUNT BID (ITEM A + ITEM B) 4,975,000.00$ 5,187,200.00$ 5,276,100.00$ 5,345,760.00$ 5,458,400.00$ 5,876,640.00$ 7,657,490.00$
BID BOND XXXXXXX
ADDENDUM #1 ACKNOWLEDGED XXXXXXX
ADDENDUM #2 ACKNOWLEDGED XXXXXXX
ADDENDUM #3 ACKNOWLEDGED XXXXXXX
SHUTDOWN PLAN XXXXXXX
TOTAL INCLUDING ITEM A + SELECTED
ALTERNATES B1, B2, B4, B9 6,133,400.00$ 5,845,120.00$ 4,957,500.00$ 5,401,160.00$ 5,100,400.00$ 5,534,640.00$ 7,571,290.00$
**Add (+) or Deduct (-)(1,517,000.00)$ (990,120.00)$ -$ (340,000.00)$ -$ -$ (178,000.00)$
TOTAL AMOUNT BID (A + B1 +B2 + B4 + B9)4,616,400.00$ 4,855,000.00$ 4,957,500.00$ 5,061,160.00$ 5,100,400.00$ 5,534,640.00$ 7,393,290.00$
** Provision is made for Bidder to include an addition or deduction in his bid, if he wishes, to reflect any last minute adjustments in price. The addition or deduction, if made, will be applied to the bid for item A1.
Additive Alternates - Used only as elected by the Owner
Mountain Cascade, Inc.BRB Contractors, Inc.Red River Construction, Co.Crescent Constructors, Inc.
Archer Western Construction,
LLCCardinal Contractors, Inc.Gracon Construction, Inc.
Contract Agreement 00500-1
00500 CONTRACT AGREEMENT AND BONDS
STATE OF TEXAS §
§
COUNTY OF COLLIN §
THIS AGREEMENT, made and entered into this_______ day of ______________A.D., 2012, by
and between Mike Land of the Town of Prosper, County of Collin and State of Texas, acting through
________ thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and
Cardinal Contractors, Inc.., of the County of Tarrant and State of Texas, Party of the Second Part,
hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions
expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR)
hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of
certain improvements described as follows:
Construction of CUSTER PUMP STATION EXPANSION and all related site improvements and equipment.
and all extra work in connection therewith, under the terms as stated in the General Conditions of the
Agreement; and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to
complete the said construction, in accordance with the conditions and prices stated in the Proposal attached
hereto, and in accordance with all the General Conditions of the Agreement, the Supplementary Conditions,
the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment
Bonds, all attached hereto, and in accordance with the Plans, which includes all maps, plats, blueprints, and
other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as
prepared by FREESE & NICHOLS INC., herein entitled the ENGINEER, each of which has been identified by
the CONTRACTOR and the ENGINEER, all of which are made a part hereof and collectively evidence and
constitute the entire contract.
The CONTRACTOR hereby agrees to commence work on or after the date established for the start of
work as set forth in a written notice to commence work and to substantially complete all work within the time
stated in the Proposal, subject to such extensions of time as are provided by the General and Supplementary
Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the
proposal, which forms a part of this Contract, such payments to be subject to the General and
Supplementary Conditions of the Contract.
No assignment by a party hereto of any rights under or interests in the Contract will be binding on
another party hereto without the written consent of the party sought to be bound; and, specifically but without
limitation, moneys that may become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to
the contrary in any written consent to an assignment, no assignment will release or discharge the assignor
from any duty or responsibility under the Contract Documents.
OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives in
respect to all covenants, agreements, and obligations contained in the Contract Documents.
Contract Agreement 00500-2
Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year
and day first above written.
ATTEST:
Party of the First Part, OWNER
By
Signature
Lyle Dresher, Interim Town Manager
(SEAL)
ATTEST:
Party of the Second Part, CONTRACTOR
By
Signature
Name and Title
(please type or print)
(SEAL)
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-64
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A CONTRACT
AGREEMENT FOR CONSTRUCTION SERVICES FOR THE CUSTER
PUMP STATION EXPANSION BETWEEN CARDINAL
CONTRACTORS, INC., AND THE TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a
contract agreement for construction services for the Custer Pump Station Expansion,
between Cardinal Contractors, Inc., and the Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 25th day of September, 2012.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana
Town Secretary
Page 1 of 2
Date: September 5, 2012
To: Mayor and Town Council
From: Lyle H. Dresher, Interim Town Manager
CC: Matthew Garrett, Finance Director
Re: Town Council Meeting – September 25, 2012
Agenda Item 6:
Consider and act upon an ordinance approving the sale of $3,880,000.00 in General Obligation
Bonds relating to the acquisition of 69.503 acres of park land for the Town of Prosper and
awarding the sale of said bonds to Regions Bank at an interest rate of 1.04%.
Background:
On September 11, 2012, the Town Council amended the July 13, 2012 Real Estate Purchase
Contract between Sexton Farms, Ltd. and the Town of Prosper relating to the Town’s purchase
of 69.503 acres of land generally located at the northwest corner of Coit Road and First Street in
the Town of Prosper. The amended contract provides for the full purchase price of
$3,822,665.00 (69.503 ac. @ $55,000.00/acre) to be paid at closing, on or about, October 31,
2012. (69.503 acres based on actual survey of property provided by seller) The contract also
provides for an Escrow Deposit of $30,000.00 payable by the purchaser (Town) that is to be
applied toward the purchase price at closing.
Description of Agenda Item:
In order meet the seller’s request to close the purchase transaction prior to December 31, 2012
and to fund the full purchase price at closing, the Town authorized First Southwest Company
(Town Financial Advisors) to conduct a private sale of taxable general obligation bonds (short-
term) in the principal amount of $3,880,000.00 having a maximum term of 16 months. The
bonds include a call provision whereby beginning February 13, 2013, the Town has the option to
refund said issue in order to extend the term of the bond issue as originally contemplated in
Town’s plan for long-term financing of parks and recreation projects as authorized by the voters
in 2011.
Seven (7) bids were received by First Southwest Company with winning (recommended) bid
from Regions Bank of 1.04% for the 16-month term. SEE ATTACHED BID TABULATION.
Prosper is a place where everyone matters.
ADMINISTRATION
Page 2 of 2
Budget Impact:
General Obligation Bonds paid from Interest & Sinking Fund.
Legal Obligations and Review:
Bond Ordinance reviewed by the Town’s Bond Counsel, McCall Parkhurst & Horton.
Staff Recommendation:
Representatives from First Southwest Company and McCall Parkhurst & Horton will be in
attendance to review and/or answer any questions concerning the sale of the bonds or the bond
ordinance. Recommend approval.
Attached Documents:
1. Ordinance
2. Summary of Series 2012 Taxable General Obligation Bonds
3. Purchase Agreement
ORDINANCE OF THE TOWN OF PROSPER, TEXAS
AUTHORIZING THE ISSUANCE OF
TOWN OF PROSPER, TEXAS
GENERAL OBLIGATION BONDS, TAXABLE SERIES 2012
i
TABLE OF CONTENTS
Section 1. Incorporation of Preambles; Amount and Purpose of the Bonds ................3
Section 2. Date, Denomination, Numbers, and Maturities of the Bond ....................3
Section 3. Interest on the Bond...................................................3
Section 4. General Characteristics ................................................4
Section 5. Form of Bond........................................................5
Section 6. Interest and Sinking Fund ..............................................9
Section 7. Tax Levy ..........................................................10
Section 8. Defeasance of Bonds .................................................10
Section 9. Damaged, Mutilated, Lost, Stolen, or Destroyed Bonds ......................11
Section 10. Custody, Approval, and Registration of Bonds ............................12
Section 11. Remedies in Event of Default .........................................12
Section 12. Appropriation ......................................................12
Section 13. Sale of Bonds ......................................................13
Section 14. Public Notice ......................................................13
Section 15. Ordinance Effective on Passage .......................................13
Section 16. Method of Amendment ..............................................13
Section 17. No Rule 15c2-12 Undertaking .........................................14
Section 18. Inconsistent Provisions ..............................................14
Section 19. Governing Law ....................................................14
Section 20. Severability .......................................................14
Section 21. Further Procedures ..................................................14
2
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
PROVIDING FOR THE ISSUANCE OF TOWN OF PROSPER, TEXAS GENERAL
OBLIGATION BONDS, TAXABLE SERIES 2012; PRESCRIBING THE FORM OF THE
BONDS; LEVYING AD VALOREM TAXES TO SECURE THE BONDS; AND ORDAINING
OTHER MATTERS IN CONNECTION WITH THE ISSUANCE AND SALE OF THE
GENERAL OBLIGATION BONDS
THE STATE OF TEXAS §
COUNTIES OF COLLIN AND DENTON §
TOWN OF PROSPER §
WHEREAS, at an election held in the Town of Prosper, Texas (the "Issuer") on May 14,
2011 (the "Election"), the voters of the Issuer approved the issuance of tax bonds by the Issuer in
five propositions totaling $25,040,000 for the following purposes and in the following amounts:
Proposition
Number Purpose
Bonds
Approved
1 Purpose of acquiring a site for, and designing, a multi-purpose
municipal facility to serve as Town Hall and for other municipal
services, with any surplus bond proceeds to be used for the
construction of such facility.
$1,250,000
2 Purpose of acquiring a site for, and designing, a public works
facility, with any surplus bond proceeds to be used for the
construction of such facility.
$450,000
3 Purpose of designing, constructing, improving and equipping
public safety facilities in the Town, to-wit: police and fire
stations and facilities to improve and expand the Town's public
safety communications system for police, fire, emergency
medical service and other communications relating to public
safety and emergency conditions, and the acquisition of land and
interests in land as necessary for such purposes.
$3,850,000
4 Purpose of designing, constructing, improving and equipping
parks, trails and recreational facilities and a park administration
facility, and the acquisition of land and interests in land for such
purposes.
$6,200,000
3
5 Purpose of constructing, improving, extending, expanding,
upgrading and developing streets and roads, bridges and
intersections including, utility relocation, landscaping,
sidewalks, traffic safety and operational improvements, the
purchase of any necessary right-of-way, drainage and other
related costs.
$13,290,000
WHEREAS, the Issuer has previously issued and delivered $320,000 of the authorization
from Proposition 4 and $3,810,000 of the authorization from Proposition 5 for the purposes stated
in the preceding paragraphs; and
WHEREAS, the Town Council of the Issuer deems it necessary and advisable to authorize,
issue and deliver $3,880,000 of the authorization from Proposition 4 for the purposes stated in the
preceding paragraph, thereby leaving $1,970,000 from Proposition 4, $9,480,000 from Proposition
5 and all voted authorization from Propositions 1, 2, and 3; and
WHEREAS, the bonds hereafter authorized are being issued and delivered pursuant to
Chapter 1331, Texas Government Code, as amended; and
WHEREAS, it is officially found, determined, and declared that the meeting at which this
Ordinance has been adopted was open to the public and public notice of the time, place and subject
matter of the public business to be considered and acted upon at said meeting, including this
Ordinance, was given, all as required by the applicable provisions of Texas Government Code,
Chapter 551; Now, Therefore
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS:
Section 1. INCORPORATION OF PREAMBLES; AMOUNT AND PURPOSE OF THE
BONDS. The preambles hereto are hereby incorporated into and made a part here of for all
purposes. Bonds of the Town of Prosper (the "Issuer") are hereby authorized to be issued and
delivered in the aggregate principal amount of $3,880,000, for the purpose of designing,
constructing, improving and equipping parks, trails and recreational facilities and a park
administration facility, and the acquisition of land and interests in land for such purposes.
Section 2. DATE, DENOMINATION, NUMBERS, AND MATURITIES OF THE BOND.
The Bond initially authorized hereby shall be dated September 1, 2012, shall be issued and delivered
in the form of a fully-registered bond, without coupons (such bond is hereinafter referred to as the
"Bond" and the series of which it is issued is hereinafter referred to as the "Bonds"), payable in
installments to the registered owners thereof, or registered assigns, all in the manner hereinafter
provided, with the Bond to be numbered R-1, in the denomination and principal amount of
$3,880,000 initially payable to Regions Equipment Finance Corporation, with the principal of said
Bond to be payable on the dates and in the amounts as set forth in the FORM OF BOND in Section
5. The date of delivery of the Bond to the initial purchaser thereof shall be referred to in the Bond
and this Bond Ordinance as the "Delivery Date".
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Section 3. INTEREST ON THE BOND. The Bond initially authorized hereby shall bear
interest on the unpaid balance of the principal amount thereof from the Delivery Date (which date
shall be indicated by the Paying Agent/Registrar in the Delivery Certificate appearing on the Bond)
to the scheduled due date, or date of prepayment or redemption prior to the scheduled due date, of
the principal installments of the Bond, at a per annum rate of 1.04%. The interest shall be calculated
and payable on the dates and in the manner provided in the FORM OF BOND set forth in Section
5.
Section 4. GENERAL CHARACTERISTICS.
(a) In General. The Bond initially authorized hereby shall be issued, shall be payable,
may or shall be prepaid or redeemed prior to the scheduled principal installment payment dates, may
be transferred and assigned, shall have the characteristics, and shall be signed and executed (and the
Bond shall be sealed), all as provided, and in the manner indicated, in the FORM OF BOND set
forth in Section 5. After the Bond has been authorized to be issued by the Town Council of the
Issuer, and prior to the delivery of the Bond, the Comptroller of Public Accounts shall execute the
Comptroller's Registration Certificate as provided in Section 5. In addition, on the date of delivery
of the Bond to the initial purchaser thereof, the Paying Agent/Registrar shall fill in the date of
delivery of the Bond in the Delivery Certificate appearing on the Bond as provided in Section 5.
(b) Registration Books. The Issuer shall keep or cause to be kept at the principal
operations office of the Paying Agent/Registrar books for the registration and transfer of the Bond
(the "Bond Registration Books") and the Issuer hereby appoints the Paying Agent/Registrar as its
registrar and transfer agent to keep such books and make such registrations and transfers under such
reasonable regulations as the Issuer or the Paying Agent/Registrar may prescribe; and the Paying
Agent/Registrar will register or transfer as herein provided, the Bond upon presentation thereof at
such office.
Registration of any Bond may be transferred (in whole, not in part) only on the Bond
Registration Books upon surrender thereof by the registered owner in person or by its duly
authorized attorney, by proper written instrument of transfer, in the form and with guaranty of
signatures satisfactory to the Paying Agent/Registrar, duly executed by such owner or attorney.
Upon such surrender for transfer of registration, the Paying Agent/Registrar shall make notation of
such transfer on such Bond in the assignment section appearing thereon and in the Bond Registration
Books. Such transfers of registration shall be made without charge to the owner of such Bond, but
any taxes or other governmental charges required to be paid with respect to the same shall be paid
by the Bondholder requesting such transfer of registration, as a condition precedent to the exercise
of such privilege.
The Paying Agent/Registrar shall not be required to make transfers of any Bond within five
(5) days prior to an interest payment date or redemption date or subsequent to the date of mailing
of notice of redemption of such Bond or a portion thereof, anything in such Bond to the contrary
notwithstanding.
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(c) Payment to registered owner. The person in whose name any Bond shall be
registered on the Bond Registration Books may be deemed and treated as the absolute owner thereof
for all purposes of this Bond Ordinance whether or not such Bond shall be overdue, and neither the
Issuer nor the Paying Agent/Registrar shall be affected by any notice to the contrary; and payment
of, or on account of, the principal of, premium, if any, agreed liquidated damages, if any, and interest
on any such Bond shall be made only to such registered owner thereof; but such registration may
be changed as provided herein. All such payments shall be valid and effectual to satisfy and
discharge the liability upon such Bond to the extent of the sum or sums so paid.
(d) Notation of Payment and Prepayment. The Issuer hereby appoints Regions Bank,
Birminghham, Alabama as the Paying Agent/Registrar for the Bond. Upon the prepayment or partial
redemption of the Bond, the Paying Agent/Registrar, shall note in the Prepayment Record appearing
on such Bond the amount of such prepayment or partial redemption, the date said payment was made
and the remaining unpaid principal balance of said Bond and shall then have said entry signed by
an authorized official of the Paying Agent/Registrar. The Paying Agent/Registrar shall also record
such information in the Bond Registration Books, and the Paying Agent/Registrar shall also record
in the Bond Registration Books all payments of principal installments on such Bond when made on
their respective due dates.
Section 5. FORM OF BOND. The form of the Bond, together with the forms of the various
certificates and forms to appear on the Bond, shall be, respectively, substantially as follows, with
necessary and appropriate variations, omissions, and insertions as permitted or required by this Bond
Ordinance:
FORM OF BOND
NO. R-UNITED STATES OF AMERICA
STATE OF TEXAS
TOWN OF PROSPER, TEXAS
GENERAL OBLIGATION BOND, TAXABLE SERIES 2012
PRINCIPAL
AMOUNT
$___,000
Interest Rate Date of Delivery Maturity Date
1.04%October 25, 2012 February 15, 2014
REGISTERED OWNER:
PRINCIPAL AMOUNT:
The Town of Prosper, Texas (the "Issuer"), being a political subdivision of the State of Texas
located in Collin and Denton Counties, for value received, promises to pay, from the sources
described herein, to the registered owner specified above, or registered assigns, the principal amount
specified above on the Maturity Date shown above, and to pay interest thereon, from the Date of
Delivery set forth above, on the balance of said principal amount from time to time remaining
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unpaid, at the rate per annum set forth above, calculated on the basis of a 360-day year of twelve 30-
day months.
The principal of and interest on this Bond are payable in lawful money of the United States
of America, without exchange or collection charges. The Issuer shall pay interest on this Bond on
February 15, 2013 and on each August 15 and February 15 thereafter to the date of maturity or
redemption prior to maturity. The principal of this Bond and the interest payable at maturity or upon
redemption shall be paid to the registered owner hereof upon presentation and surrender of this Bond
at maturity, or upon the date fixed for its redemption prior to maturity, at the principal office of
Regions Bank, in Birminghham, Alabama, which is the "Paying Agent/Registrar" for this Bond. The
payment of all other installments of interest on this Bond shall be made by the Paying
Agent/Registrar to the registered owner hereof on each interest payment date by check or draft,
dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely
from, funds of the Issuer required by the Bond Ordinance to be on deposit with the Paying
Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by
the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest
payment date, to the registered owner hereof, at its address as it appeared on the last day of the
month next preceding each such date (the "Record Date") on the Registration Books kept by the
Paying Agent/Registrar, as hereinafter described. In addition, principal and interest may be paid by
such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and
expense of, the registered owner.
The Issuer covenants with the registered owner of this Bond that on or before each principal
payment date, interest payment date, and accrued interest payment date for this Bond it will make
available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond
Ordinance, the amounts required to provide for the payment, in immediately available funds, of all
principal of and interest on the Bond, when due.
If the date for the payment of this Bond shall be a Saturday, Sunday, a legal holiday, or a day
on which banking institutions in the city where the designated principal office of the Paying
Agent/Registrar is located are authorized by law or executive order to close, then the date for such
payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or
day on which banking institutions are authorized to close; and payment on such date shall have the
same force and effect as if made on the original date payment was due.
This Bond is the sole bond of the authorized series of the Issuer designated "Town of
Prosper, Texas General Obligation Bonds, Taxable Series 2012," in the aggregate principal amount
of $3,880,000 (the "Bonds"), issued for the purpose of designing, constructing, improving and
equipping parks, trails and recreational facilities and a park administration facility, and the
acquisition of land and interests in land for such purposes.
On February 15, 2013 or any date thereafter, the principal of this Bond may be redeemed
prior to scheduled maturity at the option of the Issuer, with funds derived from any available and
lawful source, as a whole, or in part, at a redemption price of par, without redemption premium.
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At least 30 days prior to the date fixed for any optional redemption of the Bond or portions
thereof prior to maturity a written notice of such redemption shall be sent by the Paying
Agent/Registrar by United States mail, first-class postage prepaid, to the Registered Owner of the
Bond at its address as it appeared on the Registration Books on the day such notice of redemption
is mailed; provided, however, that the failure of the Registered Owner to receive such notice, or any
defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of
the proceedings for the redemption of this Bond. By the date fixed for any such redemption, due
provision shall be made with the Paying Agent/Registrar for the payment of the required redemption
price for the Bond or portions thereof which are to be so redeemed. If such written notice of
redemption is sent and if due provision for such payment is made, all as provided above, the Bond
or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed
prior to its scheduled maturity, and shall not bear interest after the date fixed for redemption, and
shall not be regarded as being outstanding except for the right of the Registered Owner to receive
the redemption price from the Paying Agent/Registrar out of the funds provided for such payment.
The Paying Agent/Registrar shall record information regarding payment of interest and the payment
of the maturity or redemption price of this Bond in the Bond Registration Books.
The Bond of this series is issuable in the form of one fully-registered Bond without coupons
in the denomination of $3,880,000.
or the remaining principal amount of the outstanding Bond of this series if an exchange of the Bond
is made after a reduction in the principal amount of the series due to a redemption (the "Authorized
Denomination"). This Bond may be transferred or exchanged in whole and not in part as provided
in the Bond Ordinance, only upon the registration books kept for that purpose at the
above-mentioned office of the Paying Agent/Registrar upon surrender of this Bond together with
a written instrument of transfer or authorization for exchange satisfactory to the Paying
Agent/Registrar and duly executed by the registered owner or his duly authorized attorney, and
thereupon a new Bond of the same maturity and in the Authorized Denomination shall be issued by
the Paying Agent/Registrar to the transferee in exchange therefor as provided in the Bond
Ordinance, and upon payment of the charges therein prescribed. The Issuer and the Paying
Agent/Registrar may deem and treat the person in whose name this Bond is registered as the
absolute owner hereof for the purpose of receiving payment of, or on account of, the principal or
redemption price hereof and interest due hereon and for all other purposes.
In the Bond Ordinance, the Issuer has reserved the right to amend the Bond Ordinance as
provided therein, and under some (but not all) circumstances amendments thereto must be approved
by the registered owner of the outstanding Bonds.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Ordinance until the Certificate of Authentication shall have been
executed by the Paying Agent/Registrar or the Comptroller's Registration Certificate hereon shall
have been executed by the Texas Comptroller of Public Accounts.
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It is hereby certified, recited, and covenanted that this Bond has been duly and validly
authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to be
performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this
Bond have been performed, existed, and been done in accordance with law; that this Bond is a
general obligation of the Issuer, issued on the full faith and credit thereof; and that ad valorem taxes
sufficient to provide for the payment of the interest on and principal of this Bond, as such interest
and principal come due, have been levied and ordered to be levied against all taxable property in the
Issuer, and have been pledged for such payment, within the limit prescribed by law.
By becoming the registered owner of this Bond, the registered owner thereby acknowledges
all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and
provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in
the official minutes and records of the governing body of the Issuer, and agrees that the terms and
provisions of this Bond and the Bond Ordinance constitute a contract between the registered owner
hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or
facsimile signature of the Mayor of the Issuer (or the Mayor Pro-tem in the absence of the Mayor),
countersigned with the manual or facsimile signature of the Town Secretary of the Issuer, and has
caused the official seal of the Issuer to be duly impressed or placed in facsimile on this Bond, which
is dated September 1, 2012.
__________________________ ___________________________
Town Secretary Mayor
(TOWN SEAL)
FORM OF REGISTRATION CERTIFICATE OF THE
COMPTROLLER OF PUBLIC ACCOUNTS:
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Bond has been examined, certified as to validity, and approved by
the Attorney General of the State of Texas, and that this Bond has been registered by the
Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this
___________________________________________
Comptroller of Public Accounts of the State of Texas
(COMPTROLLER'S SEAL)
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
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(To be executed if this Bond is not accompanied by an executed Registration
Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Bond has been issued under the provisions of the Bond
Ordinance described on the face of this Bond; and that this Bond has been issued in exchange for
or replacement of a Bond of an issue which originally was approved by the Attorney General of the
State of Texas and registered by the Comptroller of Public Accounts of the State of Texas.
Dated: ___________________ Regions Bank
Birminghham, Alabama
By _________________________
Authorized Representative
[FORM OF ASSIGNMENT]
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
___________________________________________________________________
Print or Type Name, Address and Social Security Number
or other Taxpayer Identification Number of Transferee
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney to transfer the within Bond on the books kept by the
Trustee for the registration and transfer of Bonds, with full power of substitution in the premises.
Dated:
Assignee Signature: ______________________________
Printed Name: ______________________________
NOTICE: The signature to this assignment must correspond with the name as it appears upon the
face of the within Bond in every particular.
Signature Guaranteed By:
_________________________________________
By:________________________________________
Title:_______________________________________
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Section 6. INTEREST AND SINKING FUND. Town of Prosper, Texas General Obligation
Bonds, Taxable Series 2012 Interest and Sinking Fund, hereinafter called the "Interest and Sinking
Fund" is hereby authorized and shall be established and maintained in a depository bank of the
Issuer, so long as the Bonds, or interest thereon, are outstanding and unpaid. The Interest and
Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and
shall be used only for paying the interest on and principal of the Bonds. All ad valorem taxes levied
and collected for and on account of said Bonds shall be deposited, as collected, to the credit of the
Interest and Sinking Fund.
Section 7. TAX LEVY. During each year while any of said Bonds are outstanding and
unpaid, the governing body of the Issuer shall compute and ascertain a rate and amount of ad
valorem tax which together with any other lawfully available funds that are on deposit in the Interest
and Sinking Fund at the time of such levy will be sufficient to pay the interest on said Bonds as such
interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of such
Bonds as such principal matures (but never less than 2% of the original principal amount of said
Bonds as a Sinking Fund each year); and said tax shall be based on the latest approved tax rolls of
said Issuer, with full allowance being made for tax delinquencies and the cost of tax collection. Said
rate and amount of ad valorem tax is hereby levied and is hereby ordered to be levied, against all
taxable property in said Issuer for each year while any of said Bonds are outstanding and unpaid;
and said tax shall be assessed and collected each such year and deposited to the credit of the
aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment
of the interest on and principal of said Bonds, as such interest comes due and such principal matures,
are hereby pledged for such payment, within the limit prescribed by law. In addition, until expended
for the herein authorized purposes, the proceeds of the Bonds are pledged to the payment of the
principal and interest on the Bonds. Notwithstanding the requirements of this Section 7, if lawfully
available funds of the Issuer are actually on deposit in the Interest and Sinking Fund in advance of
the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes
which otherwise would have been required to be levied pursuant to this Section 7 may be reduced
to the extent and by the amount of the revenues then on deposit in the Interest and Sinking Fund.
Section 8. DEFEASANCE OF BONDS.
(a) Any Bond and the interest thereon shall be deemed to be paid, retired, and no longer
outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the extent
provided in Subsection (d) of this Section, when payment of the principal of such Bond, plus interest
thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall
have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been
provided for on or before such due date by irrevocably depositing with or making available to the
Paying Agent/Registrar for such payment (1) lawful money of the United States of America
sufficient to make such payment or (2) Defeasance Securities which mature as to principal and
interest in such amounts and at such times as will insure the availability, without reinvestment, or
sufficient money to provide for such payment, and when proper arrangements have been made by
the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Bonds
shall have become due and payable. At such time as a Bond shall be deemed to be a Defeased Bond
11
hereunder, as aforesaid, such Bond and the interest thereon shall no longer be secured by, payable
from, or entitled to the benefits of, the ad valorem taxes herein levied as provided in this Ordinance,
and such principal and interest shall be payable solely from such money or Defeasance Securities.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written
direction of the Issuer also be invested in Defeasance Securities, maturing in the amounts and times
as hereinbefore set forth, and all income from such Defeasance Securities received by the Paying
Agent/Registrar/ Registrar which is not required for the payment of the Bonds and interest thereon,
with respect to which such money has been so deposited, shall be turned over to the Issuer, or
deposited as directed in writing by the Issuer.
(c) The term "Defeasance Securities" means any securities and obligations now or
hereafter authorized by State law that are eligible to refund, retire or otherwise discharge obligations
such as the Bonds.
(d) Until all Defeased Bonds shall have become due and payable, the Paying
Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bonds the
same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and
pay for such services as required by this Ordinance.
Section 9. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS.
(a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost,
stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered,
a new Bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated,
lost, stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided.
(b) Application for Replacement Bonds. Application for replacement of damaged,
mutilated, lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the
Paying Agent/Registrar/ Registrar. In every case of loss, theft, or destruction of a Bond, the
registered owner applying for a replacement Bond shall furnish to the Issuer and to the Paying
Agent/Registrar such security or indemnity as may be required by them to save each of them
harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or
destruction of a Bond, the registered owner shall furnish to the Issuer and to the Paying
Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the
case may be. In every case of damage or mutilation of a Bond, the registered owner shall surrender
to the Paying Agent/Registrar for cancellation the Bond so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in
the event any such Bond shall have matured, and no default has occurred which is then continuing
in the payment of the principal of, redemption premium, if any, or interest on this Bond, the Issuer
may authorize the payment of the same (without surrender thereof except in the case of a damaged
or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is
furnished as above provided in this Section 9.
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(d) Charge for Issuing Replacement Bonds. Prior to the issuance of any replacement
Bond, the Paying Agent/Registrar shall charge the registered owner of such Bond with all legal,
printing, and other expenses in connection therewith. Every replacement Bond issued pursuant to
the provisions of this Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall
constitute a Bond of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found at
any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance
equally and proportionately with any and all other Bonds duly issued under this Ordinance.
(e) Authority for Issuing Replacement Bonds. In accordance with Tex. Gov't Code Ann.
Chapter 1201, Subchapter D, this Section of this Ordinance shall constitute authority for the issuance
of any such replacement certificate without necessity of further action by the Issuer or any other
body or person, and the duty of the replacement of such bonds is hereby authorized and imposed
upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such
Bonds in the form and manner and with the effect, as provided in Section 4(a) of this Ordinance for
Bonds issued in exchange of other Bonds.
Section 10. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS. The Mayor
of the Issuer (or the Mayor Pro-tem in the absence of the Mayor) is hereby authorized to have
control of the Bonds initially issued and delivered hereunder and all necessary records and
proceedings pertaining to the Bonds pending their delivery and their investigation, examination, and
approval by the Attorney General of the State of Texas, and their registration by the Comptroller of
Public Accounts of the State of Texas. Upon registration of the Certificates said Comptroller of
Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign
the Comptroller's Registration Certificate attached to such Bonds, and the seal of said Comptroller
shall be impressed, or placed in facsimile, on such Certificate.
Section 11. REMEDIES IN EVENT OF DEFAULT. In additional to all of the rights and
remedies provided by the laws of the State of Texas, the Issuer covenants and agrees that in the
event of default in payment of principal or interest on any of the Bonds when due, or, in the event
it fails to make the payments required to be made into the Interest and Sinking Fund or defaults in
the observance of performance of any other of the contracts, covenants, conditions or obligations
set forth in this Ordinance or in the Bonds, the following remedies shall be available:
(a) the registered owners shall be entitled to a writ of mandamus issued by a court of
competent jurisdiction compelling and requiring the Issuer and the officials thereof to observe and
perform the contracts, covenants, obligations or conditions prescribed in this Ordinance; and
(b) any delay or omission to exercise any right or power accruing upon any default shall
not impair any such right or power nor be construed to be a waiver of any such default or
acquiescence therein, and every such right and power may be exercised from time to time and as
often as may be deemed expedient.
Section 12. APPROPRIATION. The Issuer hereby appropriates from current funds on hand,
and directs the transfer to the Interest and Sinking Fund for the Bonds of, an amount of money
13
sufficient to pay the principal and interest scheduled to come due on the Bonds on February 15, 2013
and August 15, 2013.
Section 13. SALE OF BONDS. The Bonds are hereby sold and shall be delivered to Regions
Equipment Finance Corporation for the par value thereof in accordance with the Private Placement
Letter presented to the Town Council on the date of adoption of this Ordinance. The Mayor (or the
Mayor Pro-tem in the absence of the Mayor) is authorized to accept the offer of Regions Equipment
Finance Corporation as set forth in the Private Placement Letter and to execute said Letter on behalf
of the Issuer.
Section 14. PUBLIC NOTICE. It is hereby officially found and determined that public
notice of the time, place and purpose of said meeting was given, all as required by the Government
Code, Chapter 551.
Section 15. ORDINANCE EFFECTIVE ON PASSAGE. This Ordinance shall become
effective immediately upon passage.
Section 16. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend
this Bond Ordinance subject to the following terms and conditions, to-wit:
(a) The Issuer may from time to time, without the consent of any registered owner,
except as otherwise required by paragraph (b) below, amend or supplement this Bond Ordinance in
Bond Ordinance to (i) cure any ambiguity, defect or omission in this Bond Ordinance that does not
materially adversely affect the interests of the registered owners, (ii) grant additional rights or
security for the benefit of the registered owners, (iii) add events of default as shall not be
inconsistent with the provisions of this Bond Ordinance and which shall not materially adversely
affect the interests of the registered owners, (v) qualify this Bond Ordinance under the Trust
Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time
in effect, or (iv) make such other provisions in regard to matters or questions arising under this Bond
Ordinance as shall not be inconsistent with the provisions of this Bond Ordinance and which shall
not in the opinion of bond counsel to the Issuer materially adversely affect the interests of the
registered owners.
(b) Except as provided in paragraph (a) above, the registered owner of the Bond shall
have the right from time to time to approve any amendment hereto which may be deemed necessary
or desirable by the Issuer.
(c) If at any time the Issuer shall desire to amend this Bond Ordinance under this Section,
the Issuer shall send by U.S. mail to the registered owner of the Bond a copy of the proposed
amendment.
(d) Whenever at any time within one year from the date of mailing of such notice the
Issuer shall receive an instrument or instruments executed by the registered owner, which instrument
14
or instruments shall refer to the proposed amendment and which shall specifically consent to and
approve such amendment, the Issuer may adopt the amendment in substantially the same form.
(e) Upon the adoption of any amendatory Bond Ordinance pursuant to the provisions of
this Section, this Bond Ordinance shall be deemed to be modified and amended in accordance with
such amendatory Bond Ordinance, and the respective rights, duties, and obligations of the Issuer and
all registered owners of such affected Bonds shall thereafter be determined, exercised, and enforced,
subject in all respects to such amendment.
For the purposes of establishing ownership of the Bonds, the Issuer shall rely solely upon
the registration of the ownership of such bonds on the registration books kept by the Paying
Agent/Registrar.
Section 17. NO RULE 15c2-12 UNDERTAKING. The offering of the Bonds is exempt
from the requirements of Rule 15c2-12 and the Issuer has therefore not made an undertaking with
respect to the Bonds in accordance with such Rule.
Section 18. INCONSISTENT PROVISIONS. All indentures, ordinances or resolutions, or
parts thereof, which are in conflict or inconsistent with any provision of this Bond Ordinance are
hereby repealed to the extent of such conflict and the provisions of this Bond Ordinance shall be and
remain controlling as to the matters contained herein.
Section 19. GOVERNING LAW. This Bond Ordinance shall be construed and enforced in
accordance with the laws of the State of Texas and the United States of America.
Section 20. SEVERABILITY. If any provision of this Bond Ordinance or the application
thereof to any circumstance shall be held to be invalid, the remainder of this Bond Ordinance and
the application thereof to other circumstances shall nevertheless be valid, and this governing body
hereby declares that this Bond Ordinance would have been enacted without such invalid provision.
Section 21. FURTHER PROCEDURES. The Mayor, Mayor Pro-Tem, Town Manager and
Town Secretary of the Issuer and all other officers, employees and agents of the Issuer, and each of
them, shall be and they are hereby expressly authorized, empowered and directed from time to time
and at any time to do and perform all such acts and things and to execute, acknowledge and deliver
in the name and under the corporate seal and on behalf of the Issuer, a Paying Agent/Registrar
Agreement with the Paying Agent/Registrar and all other instruments, receipts, instructions and
certifications whether or not herein mentioned, as may be necessary or desirable in order to carry
out the terms and provisions of this Ordinance and the sale of the Bonds. In case any officer whose
signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond,
such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer
had remained in office until such delivery.
PURCHASE AGREEMENT
September 25, 2012
Mayor and Members of the Town Council
Town of Prosper
Town Hall
Prosper, Texas 75078
McCall, Parkhurst & Horton L.L.P.
717 N. Harwood, 9th Floor
Dallas, Texas 75201
First Southwest Company
325 North St. Paul
Suite 800
Dallas, Texas 75201
I, the undersigned, being an authorized officer of _____________ (the "Bank"), being a
financial institution, to-wit: a bank within the definition of section 3(a)(2) of the Securities Act of
1933, engaged in the business of investing in securities such as the Bond described below (the
"Bond"), acknowledge that the Town of Prosper, Texas (the "Issuer"), is issuing its General
Obligation Bond, Taxable Series 2012 for the purpose of designing, constructing, improving and
equipping parks, trails and recreational facilities and a park administration facility, and the
acquisition of land and interests in land for such purposes, and to pay costs of issuing the Bond. The
Bond is to be issued under the authority of Chapter 1331, Texas Government Code, as amended.
The Bank understands that the Bond will constitute a general obligation of the Issuer. The
Bank further understands that the Bond will be payable from, and secured by a lien on and pledge
of, the receipts of an ad valorem tax levied in sufficient amounts (within the limit prescribed by law)
to provide for the payment of the interest on and principal of the Bond, as such interest and principal
come due. In accordance with State law, the Issuer is limited to a tax rate of $2.50 per $100 of
taxable assessed valuation for certain purposes, including the payment of debt service on certain of
its debt, including the Bond. The Bank hereby acknowledges receipt of the ordinance authorizing
the issuance and sale of the Bond (the "Ordinance").
The Bank further understands that the Bond will be sold for cash, will be approved by the
Attorney General of the State of Texas, and will be delivered in one installment in the form of one
fully-registered Bond representing the full maturity amount of the Bond, $3,910,000, which Bond
has a maturity date of February 15, 2014. The Bond will initially be made payable to the order of
the Bank, but may be assigned by the Bank in whole, but not in part, and the Bank or any assignee
of the Bond from any prior registered owner shall be the registered owner thereof. The Bond will
2
be delivered in physical form, and will not be subject to a book entry system of payment, registration
and transfer.
In connection with the Bond, the Bank agrees as follows:
A. Delivery of the Bond to the Bank (the "Closing") shall be made at the Bank on or about
October 25, 2012, it being understood that this delivery date may be extended by mutual
consent of the Bank and the Issuer.
B. The interest rate on the Bond shall be ___% per annum. The first interest payment date for
the Bond shall be February 15, 2013, with interest payable on each August 15 and February
15 thereafter.
C. Principal of the Bond will be payable at maturity, or upon redemption at the option of the
Issuer. The purchase price for the Bond shall be $___________. Interest on the Bond will
accrue interest from the date of initial delivery.
D. The Bond may be redeemed at the option of the Issuer on February 15, 2013 or any date
thereafter, in whole or in part, at a redemption price of par plus interest accrued to the date
fixed for redemption.
E. The Bond will be fully registered as to principal and interest, and the Bank shall serve as the
initial paying agent and registrar for the Bond.
F. In regard to its purchase of the Bond, the Bank acknowledges that no prospectus or other
offering document has been prepared; however, the Issuer has furnished the Bank with all
information necessary and requested by the Bank to permit the Bank to make an informed
decision concerning its purchase of the Bond, and the Bank has made such inspections and
investigations as it has deemed necessary to determine the investment quality of the Bond
and to assess all risk factors associated with the purchase and ownership of the Bond. The
Bank hereby acknowledges and represents that it has a business relationship with the Issuer
and that it is familiar with the financial condition of the Issuer and the ability of the Issuer
to timely pay the principal of and interest on the Bond. The Bank has been furnished with
such financial information relating to the Issuer as it has requested for the purposes of
making its assessment of an investment in the Bond. The Bank has had a reasonable
opportunity to request and review such other information as it needs from the Issuer in order
to enable it to make its investment decision. The Bank is not relying on McCall, Parkhurst
& Horton L.L.P., the Issuer's Bond Counsel, or First Southwest Company, the Issuer's
Financial Advisor, as to the completeness or accuracy of any financial information provided
to the Bank by the Issuer in connection with its determination to make an investment in the
Bond.
G. The Bond is being purchased by the Bank for the account of the Bank as evidence of a loan
(and not on behalf of another), and the Bank has no present intention of reselling such Bond
3
or dividing its interest therein, either currently or after the passage of a fixed or determinable
period of time or upon the occurrence or nonoccurrence of any predetermined event or
circumstance; provided, however that the Bank reserves the right to sell, pledge, transfer,
convey, hypothecate, or dispose of the Bond at some future date.
H. The Bank acknowledges that the Bond will not be rated. In addition, the Bank acknowledges
that the Bond will not be listed on any securities exchange. Further, no trading market now
exists for the Bond, and none may exist in the future. Accordingly, the Bank understands
that it may need to bear the risks of this investment for an indefinite time, since any sale
prior to the maturity for the Bond may not be possible or may be at a price below that which
the Bank is paying for the Bond.
I. It is understood and agreed that the Bank is buying the Bond in a private placement by the
Issuer to the Bank. The Bond is exempt from any federal securities registration requirements
by virtue of Section 3(a)(2) of the Securities Act of 1933. The private placement of the Bond
is exempt from the provisions of Rule 15c2-12 of the Securities and Exchange Commission
(the "Rule"); consequently the Issuer has not undertaken to make any on-going disclosures
for the benefit of the registered owner of the Bond in accordance with the Rule.
J. This agreement shall be terminated by delivery of the Bond in the amount of $3,910,000 to
the Bank at the Closing date, provided that the representations of the Bank, in F. above, and
the covenant of the Issuer, in M., below, shall survive the termination hereof.
K. The interest on the Bond is includable in the gross income of the holders thereof for federal
income tax purposes.
L. As a condition to the purchase of the Bond, the Bank shall receive at the Closing an opinion
of Bond Counsel in substantially the form attached hereto as Exhibit A. In addition, the
Bank shall receive, at the Closing, an opinion of the Attorney General of the State of Texas
to the effect that the Bond has been lawfully issued by the Issuer and is a valid and binding
obligation of the Issuer under applicable laws of the State of Texas.
M. In consideration for the purchase of the Bond by the Bank, the Issuer agrees as follows:
1. The Issuer will provide the Bank with its audited annual financial statements within
one hundred and eighty (180) days after each fiscal year end; and
2. The Issuer agrees to deliver to the Bank any other financial information that is
customarily prepared and is publicly available from the Issuer, regarding the Issuer, that the
Bank may reasonably request from time to time.
4
Respectfully submitted,
Name of Purchaser
By
Title ____________________________
5
ACCEPTANCE
ACCEPTED pursuant to the Ordinance adopted by the Town Council of the Town of
Prosper, this the 25th day of September, 2012.
Mayor
Town of Prosper, Texas
A-1
Exhibit A
Form of Opinion of Bond Counsel
October __, 2012
Mayor and Members of the Town Council
Town of Prosper
Town Hall
Prosper, Texas 75078
[Name
and
Address of
Purchaser]
Re: $3,910,000 Town of Prosper, Texas General Obligation Bond, Taxable Series 2012
As Bond Counsel for the Town of Prosper, Texas, the issuer (the "Issuer") of the Bond (the
"Bond") described above, we have examined into the legality and validity of the Bond, which bears
interest from the date of initial delivery of the Bond, until maturity or redemption, at the rate and
payable on the date as stated in the text of the Bond, and maturing, subject to redemption prior to
maturity, all in accordance with the terms and conditions stated in the text of the Bond.
We have examined the applicable and pertinent provisions of the Constitution and laws of
the State of Texas, and a transcript of certified proceedings of the Issuer, and other pertinent
instruments authorizing and relating to the issuance of the Bond, including executed Bond Number
R-1.
Based on said examination, it is our opinion that the Bond has been authorized, issued and
duly delivered in accordance with law; and that except as may be limited by laws applicable to the
Issuer relating to bankruptcy, reorganization, and other similar matters affecting creditors' rights
generally, and by general principles of equity which permit the exercise of judicial discretion, the
Bond constitutes a valid and legally binding obligation of the Issuer; and that a continuing ad
valorem tax of the Issuer sufficient to provide for the payment of the interest on and principal of the
Bond has been levied and pledged for such purpose, within the limits prescribed by law, as provided
in the Ordinance authorizing the issuance of the Bond.
We expressly state no opinion herein with respect to the proper federal, state or local tax
treatment of any payments made with respect to the Bond. Purchasers of the Bond should consult
their own tax advisors as to the tax treatment which may be anticipated to result from the purchase,
ownership and disposition of the Bond or the receipt of payments on the Bond before determining
whether to purchase the Bond.
Our opinions are based on existing law, which is subject to change. Such opinions are
further based on our knowledge of facts as of the date hereof. We assume no duty to update or
A-2
supplement our opinions to reflect any facts or circumstances that may thereafter come to our
attention or to reflect any changes in any law that may thereafter occur or become effective.
Our sole engagement in connection with the issuance of the Bond is as Bond Counsel for the
Issuer, and, in that capacity, we have been engaged by the Issuer for the sole purpose of rendering
an opinion with respect to the legality and validity of the Bond under the Constitution and laws of
the State of Texas, and for no other reason or purpose. We have not been requested to investigate
or verify, and have not independently investigated or verified any records, data, or other material
relating to the financial condition or capabilities of the Issuer, or the disclosure, if any, thereof in
connection with the sale of the Bond, and have not assumed any responsibility with respect thereto.
We express no opinion and make no comment with respect to the marketability of the Bond and
have relied solely on certificates executed by officials of the Issuer as to certain matters upon which
we have relied in rendering our opinion, including the current outstanding indebtedness of, and the
assessed valuation of taxable property within, the Issuer.
The foregoing opinions represent our legal judgment based upon a review of existing legal
authorities that we deem relevant to render such opinions and are not a guarantee of a result.
Respectfully,
Page 1 of 1
To: Mayor and Town Council
From: Amy Piukana, Town Secretary
CC: Lyle Dresher, Interim Town Manager
Re: Town Council Meeting – September 25, 2012
Date: September 20, 2012
Agenda Item:
Consider and act upon accepting the certified results of the September 15, 2012 Special
Election for Town Council Place 1.
Description of Agenda Item:
Town of Prosper held a Special Election with Denton County Elections Administrator to fill the
unexpired term of Town Council Place 1, in accordance with the Texas Election Code.
The total numbers of votes received at this election were: 543 votes
The following are the results of the official tabulation:
Early Voting Election Day Total Percentage
David Vestal 16 20 36 6.63%
Dr. Phyllis Hoffschwelle 19 17 36 6.63%
Michael Korbuly 112 92 204 37.57%
Kelly Cooper 148 119 267 49.17%
The Town Charter requires a majority vote and no candidates received over 50% of the total
votes cast; therefore the Town must first certify the election results, canvass the results and
order a runoff election.
Attached Documents:
Denton County Elections Official Tabulation
Town Staff Recommendation:
Town staff recommends that the Town Council approve the acceptance of the Denton
County final tabulation results of the Special Election held on September 15, 2012, for
Town Council Place 1 unexpired term.
Prosper is a place where everyone matters.
ADMINISTRATION
Town of Prosper Canvass Report — Total Voters — Unofficial
DENTON COUNTY ELECTIONS — SPECIAL ELECTION — September 15, 2012
Precincts Reporting 14 of 14 = 100.00%Total Number of Voters : 1,120 of 11,860 = 9.44%
Page 1 of 1 09/18/2012 08:42 AM
Number of District Voters: 544 of 6,268 = 8.68%District Precincts Reporting 5 of 5 = 100.00%
COUNCILMEMBER - PLACE NO. 1 (UNEXPIRED)
Precinct Early
Ballots
Cast
Election
Ballots
Cast
Total
Ballots
Cast
Registered
Voters
MICHAEL KORBULY KELLY COOPERTotalsPercent
Turnout
DR. PHYLLIS L. HOFFSCHWELLE DAVID VESTAL1004 11 0 272 4.04%1 0 3 7 1111
C13 1 0 2 50.00%0 0 0 1 11
C29 1 2 69 4.35%0 0 1 2 33
C178 267 237 5585 9.02%34 35 197 238 504504
C199 16 9 340 7.35%1 1 3 19 2425
Totals 296 248 544 6268 36 36 204 267 543
Page 1 of 1
To: Mayor and Town Council
From: Amy Piukana, Town Secretary
CC: Lyle Dresher, Interim Town Manager
Re: Town Council Meeting – September 25, 2012
Date: September 20, 2012
Agenda Item:
Consider and act upon canvassing the September 15, 2012 Special Election for Town Council
Place 1 and adopting Ordinance No. 12-32, ordering a runoff election on October 20, 2012 for
Town Council, Place 1, unexpired term.
Description of Agenda Item:
Town of Prosper held a Special Election on September 15, 2012 with Denton County Elections
to fill the unexpired term of Town Council Place 1, in accordance with the Texas Election Code.
The total numbers of votes received were: 543 votes
The two candidates receiving the highest number of votes are:
Kelly Cooper receiving 267 of total votes cast or 49.17%
Michael Korbuly receiving 204 of total votes cast or 37.57%
The Town Charter requires a majority vote of more than 50% of the total votes cast to win
Council Seat. No candidates received more than 50% of the total votes cast; therefore, the
Town Council is required to canvass the election results and order a runoff election with the two
candidates receiving the highest number of votes.
Attached Documents:
Ordinance No. 12-32
Denton County Elections – Tabulation Reports
Town Staff Recommendation:
Town staff recommends that Town Council approves canvassing the September 15, 2012
Special Election results, for Town Council Place 1 unexpired term and adopt Ordinance
No. 12-32, ordering a Runoff Election to be held October 20, 2012.
Prosper is a place where everyone matters.
ADMINISTRATION
Ordinance Canvassing the Election (September 25, 2012) and Ordering Runoff Page 1
615672.v1
TOWN OF PROSPER, TEXAS ORDINANCE NO. 12-32
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, CANVASSING
THE ELECTION RETURNS OF THE SPECIAL ELECTION OF
SEPTEMBER 15, 2012, TO FILL THE VACANCY IN PLACE 1 ON THE
TOWN COUNCIL; ORDERING A RUNOFF ELECTION FOR OCTOBER 20,
2010; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY
CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”) duly
authorized a special election to be held within the Town of Prosper, Texas (the “Town”) on
September 15, 2012 (the “Special Election”), for the purpose of submitting to the resident qualified
electors of the Town a ballot for the purpose of electing one (1) Town Council Member to fill the
vacancy in Place 1; and
WHEREAS, the Denton County Elections Administrator that held said Election has duly
made the return of the results thereof, and said returns have been duly delivered to this Town
Council; and
WHEREAS, the Town Council finds and declares that the meeting at which this Ordinance
is considered is open to the public as required by law, and that the public notice of the time, place
and purpose of the meeting was given as required by Vernon’s Ann. Texas Government Code,
Section 551.041, as amended; and
WHEREAS, there were cast in said election 296 early votes as shown in the official election
results heretofore attached as Exhibit “A” made a part of this Ordinance, lawfully submitted to the
Town Council of the Town of Prosper, Texas, and filed with the Town Secretary of said Town; and
WHEREAS, there were cast in said election 248 election day votes as shown in the official
election results heretofore attached as Exhibit “B” lawfully submitted to the Town Council of the
Town of Prosper, Texas, and filed with the Town Secretary of said Town; and
WHEREAS, the Combined Early Voting and Election Day Accumulated totals (cards cast)
resulted in the following:
TOWN COUNCIL, PLACE 1
Votes Percentage (%)
KELLY COOPER 267 49.17%
Ordinance Canvassing the Election (September 25, 2012) and Ordering Runoff Page 2
615672.v1
MICHAEL KORBULY 204 37.57%
DR. PHYLLIS L. HOFFSCHWELLE 36 6.63%
DAVID VESTAL 36 6.63%
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 Ordinance as if fully set forth herein.
SECTION 2: Election Results. No one individual received a majority of votes to Town
Council Place 1 as a result of said Election.
SECTION 3: Runoff Election Called. In conformity with the law, this Town Council
hereby calls a Runoff Election to be held in and throughout the Town of Prosper, Texas, on October
20, 2012, for Town Council Place 1 between the following candidates:
Kelly Cooper
Michael Korbuly
The Runoff Election shall be administered by the Denton County Elections Administrator.
Notices for Runoff Early Voting and Runoff Election Day Voting are attached hereto as Exhibits
“C” and “D,” and incorporated herein for all purposes. Applications for ballot by mail shall be
requested from and mailed to the Denton County Elections Office, Attn. Frank Phillips, Elections
Administrator, Joseph A. Carroll Bldg., 401 W. Hickory, Ste. 125, Denton, Texas 76201.
Applications for ballots by mail must be received no later than the close of business on the seventh
(7th) day before election day. The Town Secretary is hereby authorized and directed to publish and/or
post, in the time and manner prescribed by law, all notices required to be so published and/or posted
in connection with the conduct of this election. The election, including providing notice of the
election, shall be conducted in accordance with the Texas Election Code and other applicable law,
and all resident qualified and registered voters of the Town shall be eligible to vote at the election.
SECTION 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.
Ordinance Canvassing the Election (September 25, 2012) and Ordering Runoff Page 3
615672.v1
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 is 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 be effective immediately upon its
passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, on this 25th day of September, 2012.
________________________________
Ray Smith, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
_________________________
Amy Piukana, Town Secretary
APPROVED AS TO FORM:
_____________________________________
Abernathy Roeder Boyd & Joplin P.C.
Courtney A. Kuykendall, Town Attorney
Ordinance Canvassing the Election (September 25, 2012) and Ordering Runoff Page 4
615672.v1
Exhibit “A”
(Official Results from Early Voting)
Ordinance Canvassing the Election (September 25, 2012) and Ordering Runoff Page 5
615672.v1
Exhibit “B”
(Official Results from Election Day)
Ordinance Canvassing the Election (September 25, 2012) and Ordering Runoff Page 6
615672.v1
Exhibit “C”
OCTOBER 20, 2012 RUNOFF ELECTION
Town of Prosper
Election to Fill Vacancy in Place 1
Early Voting Locations and Hours
Polling Place Address Town
Prosper Municipal Chambers
108 W. Broadway Prosper
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
October 3
8am – 5pm
October 4
8am - 5pm
October 5
8am - 5pm
October 6
October 7
October 8
8am – 5pm
October 9
8am – 5pm
October 10
8am – 5pm
October 11
8am – 5pm
October 12
8am – 5pm
October 13
October 14 October 15
7am-7pm
October 16
7am-7pm
October 17 October 18 October 19 October 20
Election Day
7am-7pm
Ordinance Canvassing the Election (September 25, 2012) and Ordering Runoff Page 7
615672.v1
Exhibit “D”
OCTOBER 20, 2012 RUNOFF ELECTION
Town of Prosper
Election to Fill Vacancy in Place 1
Election Day Polling Locations
7am-7pm
Location Address Town
Prosper Municipal Chambers 108 W. Broadway Prosper
Town of Prosper Canvass Report — Total Voters — Unofficial
DENTON COUNTY ELECTIONS — SPECIAL ELECTION — September 15, 2012
Precincts Reporting 14 of 14 = 100.00%Total Number of Voters : 1,120 of 11,860 = 9.44%
Page 1 of 1 09/18/2012 08:42 AM
Number of District Voters: 544 of 6,268 = 8.68%District Precincts Reporting 5 of 5 = 100.00%
COUNCILMEMBER - PLACE NO. 1 (UNEXPIRED)
Precinct Early
Ballots
Cast
Election
Ballots
Cast
Total
Ballots
Cast
Registered
Voters
MICHAEL KORBULY KELLY COOPERTotalsPercent
Turnout
DR. PHYLLIS L. HOFFSCHWELLE DAVID VESTAL1004 11 0 272 4.04%1 0 3 7 1111
C13 1 0 2 50.00%0 0 0 1 11
C29 1 2 69 4.35%0 0 1 2 33
C178 267 237 5585 9.02%34 35 197 238 504504
C199 16 9 340 7.35%1 1 3 19 2425
Totals 296 248 544 6268 36 36 204 267 543
PUEBLO DE PROSPER, TEXAS ORDENANZA NO. 12-32
UNA ORDENANZA DEL PUEBLO DE PROSPER, TEXAS PARA EL
ESCRUTINIO DE LOS RESULTADOES DE LA ELECCIÓN ESPECIAL DEL 15
DE SEPTIEMBRE, 2012, PARA LLENAR LA VACANCIA EN EL LUGAR 1 EN
EL AYUNTAMIENTO; ORDENANDO A UNA SEGUNDA VUELTA DE LAS
ELECCIONES PARA EL 20 DE OCTUBRE DE 2010; PROVEYENDO
CLÁUSULAS DE AHORROS, LA DEROGACION Y DIVISIBILIDAD; Y
PROVEYENDO UNA FECHA DE FORMALIZACIÓN.
MIENTRAS QUE, el Ayuntamiento de la Pueblo de Prosper, Texas ("Ayuntamiento")
debidamente autorizó una elección especial dentro del Pueblo de Prosper, Texas (el "Pueblo") el
15 de septiembre de 2012 (la "Elección Especial"), para el sometimiento a los residentes
electores calificados del Pueblo una votación para la elección de un (1) miembro de
Ayuntamiento para ocupar el puesto en el Lugar 1; y
MIENTRAS QUE, el Administrador de Elecciones de Denton County que sostuvo la
Elección ha debidamente retornado los resultados de eso, y que los resultados han sido
debidamente entregadas a este Ayuntamiento; y
MIENTRAS QUE, hubo en esa elección 296 votos de adelantado como se muestra en
los resultados oficiales de la elección adjunto en Exhibición "A" como parte de esta Ordenanza,
legalmente presentado al Ayuntamiento del Pueblo de Prosper, Texas, y presentada a la
Secretaria de dicho pueblo; y
MIENTRAS QUE, hubo en esa elección 248 votos en el día de las elección como se
muestra en los resultados oficiales de la elección adjunto Exhibición "B" legalmente presentado
al Ayuntamiento del Pueblo de Prosper, Texas, y presentada a la Secretaria de dicho pueblo; y
MIENTRAS QUE, los totales de la votación de adelantado combinada con el día de la
elección acumulados dieron como resultado lo siguiente:
CONSEJAL DEL PUEBLO, LUGAR UNO
Votos Porcentaje (%)
KELLY COOPER 267 49.17%
MICHAEL KORBULY 204 37.57%
DR. PHYLLIS L. HOFFSCHWELLE 36 6.63%
DAVID VESTAL 36 6.63%
AHORA, POR LO TANTO, SER ESTO RESUELTO POR EL AYUNTAMIENTO DEL
PUEBLO DE PROSPER, TEXAS:
SECCIÓN 1: Conclusiones incorporadas. Las conclusiones expuestas anteriormente son
incorporadas al cuerpo de esta ordenanza como plenamente establecidos en este documento.
SECCIÓN 2: Resultados de la elección. Ninguna persona obtuvo una mayoría de votos de
ayuntamiento lugar 1 como resultado de dicha elección.
SECCIÓN 3: Segunda vuelta de las elecciones. De conformidad con la ley, este Ayuntamiento
propone una segunda vuelta de las elecciones que se celebrarán en y en todo el Pueblo de Prosper, Texas,
el 20 de octubre de 2012, para Lugar 1 del Ayuntamiento entre los siguientes candidatos:
Kelly Cooper
Michael Korbuly
La segunda vuelta de las elecciones será administrada por el Administrador de Elecciones
del Condado de Denton. Los avisos sobre las días de votación de Voto Adelantado y segunda
vuelta de las elecciones se adjuntan a la presente como Exhibiciones "C" y "D", incluidas en el
presente documento a todos los efectos. Las solicitudes de voto por correo será solicitada a y se
envían por correo a la Oficina de Elecciones Condado Denton, Attn. Frank Phillips,
Administrador de Elecciones, Joseph A. Carroll Bldg., 401 W. Hickory, Ste. 125, Denton, Texas
76201. Las solicitudes de balotes por correo deben ser recibidas a más tardar al cierre del
negocio en el séptimo (7) día antes del día de las elecciones. El Pueblo autoriza la Secretaria y
dirija a publicar y/o postrar, en el tiempo y en la forma que prescribe la ley, todos los avisos que
se exigen para ser así publicados y/o publicado en relación con la conducta de esta elección. La
elección, entre ellos la notificación de la elección, se llevarán a cabo de conformidad con el
Código Electoral Texas y otras leyes aplicables, y todos residentes votantes calificados y los
registrados del Pueblo tendrán derecho a votar en las elecciones.
SECCIÓN 4: Cláusulas de Ahorro/Derogación. Todas las disposiciones de cualquier
ordenanza en conflicto con esta Ordenanza quedan derogadas en la medida en que están en
conflicto; pero tal derogación no deberá disminuir todos pendientes de juicio por violación de la
derogada ordenanza, ni tampoco la derogación evitar que se inicie el procesamiento derivado de
cualquier violación si se produce antes de la derogación de la ordenanza. Cualquier resto de
dicha ordenanzas permanecerán en pleno vigor y efecto.
SECCIÓN 5: Divisibilidad. Si alguna sección, subsección, oración, cláusula o frase de
esta ordenanza se declare inconstitucional o no es válida por un tribunal de jurisdicción
competente, se establece expresamente que cualquier y todas las demás partes de este Decreto se
siguen en pleno vigor y efecto. Prosper declara que ha pasado esta ordenanza, y cada sección,
subsección, cláusula o frase, independientemente del hecho de que una o más secciones,
subsecciones y frases, cláusulas y frases se declaren inconstitucionales o no válidas.
SECCIÓN 6: Fecha de entrada en vigor. Esta Ordenanza entrará en vigor
inmediatamente después de su aprobación.
DEBIDAMENTE APROBADO POR EL AYUNTAMIENTO DEL PUEBLO DE
PROSPER, TEXAS, en este día 25 de Septiembre2012.
________________________________
Ray Smith, Mayor
ATESTADO A Y CORRECTAMENTE
RECORDADO POR:
_________________________
Amy Piukana, Town Secretary
APPROBADO SOBRE FORMA:
_____________________________________
Abernathy Roeder Boyd & Joplin P.C.
Courtney A. Kuykendall, Town Attorney
Exhibición “A”
(Resultados Oficiales de Votación Adelantada)
Exhibición “B”
(Resultados Oficiales del Dia de Elección)
Exhibición “C”
20 DE OCTOBERE 2012 ELECCION DE SEGUNDA VUELTA
Pueblo de Prosper
Elección para Llenar la Vacancia en Lugar 1
Locaciones y Horas de Votación Adelantada
Ubicación para votar Dirección Pueblo
Prosper Municipal Chambers
108 W. Broadway Prosper
Domingo Lunes Martes Miércoles Jueves Viernes Sábado
October 3
8am – 5pm
October 4
8am - 5pm
October 5
8am - 5pm
October 6
October 7
October 8
8am – 5pm
October 9
8am – 5pm
October 10
8am – 5pm
October 11
8am – 5pm
October 12
8am – 5pm
October 13
October 14 October 15
7am-7pm
October 16
7am-7pm
October 17 October 18 October 19 October 20
Dia de
Elección
7am-7pm
Ordinance Canvassing the Election (September 25, 2012) and Ordering Runoff Page 7
615672.v1
Exhibición “D”
20 DE OCTOBERE 2012 ELECCION SEGUNDA VUELTA
Pueblo de Prosper
Elección para Llenar la Vacancia en Lugar 1
Locación de Votación en el Dia de Elección
7am-7pm
Locación Dirección Pueblo
Prosper Municipal Chambers 108 W. Broadway Prosper
Town of Prosper Cumulative Report — Unofficial
DENTON COUNTY ELECTIONS — SPECIAL ELECTION — September 15, 2012
Page 1 of 1
Total Number of Voters : 1,120 of 11,860 = 9.44%
09/15/2012 08:11 PM
Precincts Reporting 14 of 14 = 100.00%
Number of District Voters: 544 of 6,268 = 8.68%District Precincts Reporting 5 of 5 = 100.00%
Party Candidate TotalElectionEarly
COUNCILMEMBER - PLACE NO. 1 (UNEXPIRED), Vote For 1
16 36 205.42%8.06%6.63%DAVID VESTAL
19 36 176.44%6.85%6.63%DR. PHYLLIS L. HOFFSCHWELLE
112 204 9237.97%37.10%37.57%MICHAEL KORBULY
148 267 11950.17%47.98%49.17%KELLY COOPER
295Cast Votes:99.66% 248 543100.00%99.82%
Over Votes: 0
Under Votes: 1
0.00%
0.34%
0
0 1
00.00%
0.00%
0.00%
0.18%
Page 1 of 1
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Mike Land, Town Manager
Re: Town Council Meeting – September 25, 2012
Date: September 19, 2012
Agenda Item:
Consider and act upon Ordinance 12-27 increasing and modifying Water and Wastewater fees
and rate structures.
Description of Agenda Item:
The enterprise fund for Water and Wastewater Utilities is intended to be self-sufficient by
charging its consumers the costs of its services. Chris Ekrut, with J. Stowe & Company,
conducted a refresh of our prior rate study and recommended a change to the volumetric rate
structure lowering the maximum of the lowest tier from 15,000 gallons to 10,000 gallons.
For an average consumer who uses 13,000 gallons of water per month, the total bill would
increase $5.58.
Budget Impact:
The proposed rates should fully cover the budgeted revenue requirements.
The rates listed in the ordinance were used in calculating the proposed FY 2012-2013 budget.
Legal Obligations and Review:
N/A
Attached Documents:
Ordinance updating the water rates
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
Town staff recommends that the Town Council …
“Move to approve Ordinance 12-27 increasing and modifying Water and Wastewater
fees and rate structures.”
Prosper is a place where everyone matters.
ADMINISTRATION
Fee Schedule Ordinance (Amend Nos. 02-33, 03-48, 05-72, 09-51, 10-77 and 11-61) Page 1 402696-1
ORDINANCE NO. 12-27
AN ORDINANCE OF THE TOWN OF THE PROSPER, TEXAS; AMENDING ORDINANCE NOS. 02-33, 03-48, 05-
72, 09-51, 10-77 AND 11-61, COMPREHENSIVE FEE SCHEDULE, SECTION 11 (WATER AND WASTEWATER
RATES), EXHIBIT “B”; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated and
determined that it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas (“Prosper”) to
amend Ordinance Nos. 02-33, 03-48, 05-72, 09-51, 10-077 and 11-61, Comprehensive Fee Schedule, Section 11
(Water and Wastewater Rates), Exhibit “B”, to amend water and wastewater rates; and
WHEREAS, the Town Council has investigated and determined that it would be advantageous and
beneficial to the citizens of Prosper to amend water and wastewater rates as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS:
SECTION 1: Findings. The findings set forth above are incorporated into the body of this Ordinance as if
fully set forth herein.
SECTION 2: Amendment to Ordinance Nos. 02-33, 03-48, 05-72, 09-51, 10-77 and 11-61 Comprehensive
Fee Schedule, Section 11 (Water and Wastewater Rates), Exhibit “B”. Ordinance Nos. 02-33, 03-48, 05-72, 09-51,
10-77 and 11-61 Comprehensive Fee Schedule, Section 11 (Water and Wastewater Rates), Exhibit “B” is hereby
amended and replaced with the Exhibit “B” attached hereto and incorporated herein for all purposes which modifies
the water and wastewater rates as set forth therein.
SECTION 3: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance or
Ordinance Nos. 02-33, 03-48, 05-72, 09-51, 10-77 and 11-61 shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each occurrence in violation
of this Ordinance shall constitute a separate and distinct offense. The penal provisions imposed under this
Ordinance shall not preclude Prosper from filing suit to enjoin the violation nor shall it preclude Prosper from taking
such other lawful action as is necessary to prevent or remedy any violation. Prosper retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION 4: Savings/Repealing Clause. Ordinance Nos. 02-33, 03-48, 05-72, 09-51, 10-77 and 11-61
shall remain in full force and effect except as amended by this or any other ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall
Fee Schedule Ordinance (Amend Nos. 02-33, 03-48, 05-72, 09-51, 10-77 and 11-61) Page 2 402696-1
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 law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON
THIS 25th DAY OF SEPTEMBER, 2012.
________________________________
RAY SMITH, Mayor
ATTESTED TO:
___________________________________
AMY PIUKANA, TRMC, Town Secretary
DATE OF PUBLICATION: _______________in the Prosper Press
Exhibit B to Fee Schedule Ordinance (Amend Nos. 02-33, 03-48, 05-72, 09-51, 10-77 and 11-61) Page 3
402696-1
Exhibit “B”
Town of Prosper Water and Wastewater Rates
Effective First Full Billing Cycle Following October 1, 2012
Residential Water Service Rates Residential Wastewater Service Rates
Meter Size Minimum Service Charge All Residential Accounts Minimum Service Charge
3/4" or Smaller $ 11.12 $ 22.63
1” $ 18.54
1 ½” $ 37.07 Volumetric Charge Rate per 1,000 Gallons
2” $ 59.32 All $ 3.52
3” $111.19
4” $185.36
6” $370.58
Volumetric Charges Rate per 1,000 Gallons Winter Averaging
0 – 10,000 Gallons $ 3.74 Wastewater volumetric charges on residential accounts are
billed based on the Winter Average Consumption during the
months of December, January and February.
10,001 – 40,000 Gallons $ 5.60
40,001 – 80,000 Gallons $ 8.41
80,001 – Plus $ 12.61
Additional Residential Service Charges
Service Initiation $ 65.00 Transfer Fees $ 20.00
Meter Accuracy Re-Reads $ 15.00 Late Fees 10% of Billed Amount
Senior citizen account holders who qualify are entitled to receive the first two thousand (2,000) gallons
included as part of the minimum water bill for indoor residential accounts. To be eligible, the customer
must be the listed account holder age sixty-five (65) or older, complete an application for the discount,
provide proof of age on a valid United States or State ID and not be receiving the senior citizen discount
on any other Town of Prosper account. This discount does not apply to wastewater charges.
Late payment penalties shall be waived for any account holder, on that customer’s residential utility bill,
upon request and presentation of adequate proof that the customer is either
at least age sixty-five (65) and the recipient of social security or other bona fide retirement benefits
OR
is totally disabled.
Multifamily Dwellings, Townhomes and other Multitenant Accounts served by one master meter will be
billed a minimum water charge per unit equal to the 3/4" Residential base rate and the minimum service
charge for wastewater. The Residential volumetric charges will apply as normally scheduled on all master
meter consumption for both water and wastewater services, except that winter averaging will not be
applied to Multifamily Dwellings served by one master meter.
Out of Town rates are the same as In Town rates for water and wastewater.
Exhibit B to Fee Schedule Ordinance (Amend Nos. 02-33, 03-48, 05-72, 09-51, 10-77 and 11-61) Page 4
402696-1
Exhibit “B”
Town of Prosper Water and Wastewater Rates
Effective First Full Billing Cycle Following October 1, 2012
Commercial Water Service Rates Commercial Wastewater Service Rates
Meter Size Minimum Service Charge All Commercial Accounts Minimum Service Charge
3/4" or Smaller $ 8.53 $ 25.94
1” $ 14.22
1 ½” $ 28.44 Volumetric Charge Rate per 1,000 Gallons
2” $ 45.50 All $ 4.25
3” $ 85.31
4” $142.18
6” $284.40
Volumetric Charges Rate per 1,000 Gallons
0 – 10,000 Gallons $ 4.03
10,001 – 40,000 Gallons $ 5.04
40,001 – 80,000 Gallons $ 6.29
80,001 – Plus $ 7.87
Additional Commercial Service Charges
Service Initiation $ 75.00 Transfer Fees $ 20.00
Meter Accuracy Re-Reads $ 15.00 Late Fees 10% of Billed Amount
Out of Town rates are the same as In Town rates for water and wastewater.
Exhibit B to Fee Schedule Ordinance (Amend Nos. 02-33, 03-48, 05-72, 09-51, 10-77 and 11-61) Page 5
402696-1
Exhibit “B”
Town of Prosper Water and Wastewater Rates
Effective First Full Billing Cycle Following October 1, 2012
Irrigation Water Service Rates Irrigation Wastewater Service Rates
Meter Size Minimum Service Charge
Irrigation Accounts are not billed for wastewater services.
Irrigation Accounts are strictly for meters and water service
dedicated solely to furnish water service to lawn sprinkler or
irrigation systems, and do not directly receive wastewater services.
3/4" or Smaller $ 4.03
1” $ 6.71
1 ½” $ 13.43
2” $ 21.48
3” $ 40.31
4” $ 67.19
6” $134.35
Volumetric Charges Rate per 1,000 Gallons
0 – 10,000 Gallons $ 5.64
10,001 – 40,000 Gallons $ 6.48
40,001 – 80,000 Gallons $ 7.45
80,001 – Plus $ 8.57
Additional Irrigation Service Charges
Service Initiation $ 75.00 Transfer Fees $ 20.00
Meter Accuracy Re-Reads $ 15.00 Late Fees 10% of Billed Amount
Out of Town rates are the same as In Town rates for water.
Page 1 of 2
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Mike Land, Town Manager
Re: Town Council Meeting – September 25, 2012
Date: September 20, 2012
Agenda Item:
Consider and act upon Ordinance 12-28, adopting the Fiscal Year 2012-2013 Annual Budget for
the fiscal year beginning October 1, 2012 and ending September 30, 2013, and approving
certain amendments to the Fiscal Year 2011-2012 Annual Budget.
Description of Agenda Item:
This item is to adopt and appropriate funds for the Fiscal Year 2012-2013 Budget and Amend
the Fiscal Year 2011-2012 Budget. Prior to this meeting, the Town followed public notice
requirements and held public hearings where the proposed budget was considered, and
interested taxpayers were given the opportunity to be heard by the Town Council.
To recap, the tables below highlight additions and increases over the FY 2011- 2012 budget.
GENERAL FUND ENHANCEMENTS
Enhancement Proposed
Budget
Town Manager Recruiting/Replacement Costs 45,000
HR Manager added 23,000
3 Police Officers added 200,000
Fire Captain added 90,000
3 Fire Driver/Engineer positions reclassified 15,000
Fire Chief to full time from part time 79,000
Plan Coordinator Added 72,000
Plumbing Inspector to full time from part time 33,000
Compensation Plan Adjustments 114,000
IT Systems Upgrades 31,000
2 Replacement PD Units 82,000
Electricity 48,000
Prosper is a place where everyone matters.
Administration
Page 2 of 2
WATER/SEWER FUND ENHANCEMENTS
The amounts for the General Fund, Water/Sewer Fund, I&S Fund, Storm Drainage Utility Funds
have not changed since originally proposed on August 14. Parks and Recreation, Impact Fees
and Capital Project Funds include totals matching the CIP also distributed on August 14. The
ordinance includes the Prosper Economic Development Corporation Budget as approved by the
EDC Board on August 15, 2012.
Budget Impact:
N/A
Legal Obligations and Review:
N/A
Attached Documents:
Ordinance 12-28
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
Town staff recommends that the Town Council…
“move to approve Ordinance 12-28, adopting the Fiscal Year 2012-2013 Annual
Budget for the fiscal year beginning October 1, 2012 and ending September 30, 2013
as proposed and filed by the Town Manager, and approving certain amendments to
the Fiscal Year 2011-2012 Annual Budget.”
Enhancement Proposed
Budget
Construction Inspector added 60,000
* Utility Crew (Crew Leader & Worker) added 93,000
UB Clerk to full time from part time 10,000
1 Replacement Truck 25,000
2 New Trucks for new staff 60,000
Electricity 15,000
Fuel 17,000
Solid Waste - new contract & growth 36,000
Water purchases - new rate & growth 220,000
Transfer to GF for General & Administrative 217,000
1
TOWN OF PROSPER, TEXAS
ORDINANCE NO. 12-28
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ADOPTING THE FISCAL YEAR 2012-2013 ANNUAL BUDGET
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING
SEPTEMBER 30, 2013, AND APPROVING CERTAIN AMENDMENTS TO
THE FISCAL YEAR 2011-2012 ANNUAL BUDGET FOR THE TOWN OF
PROSPER, TEXAS.
WHEREAS, the Annual Budget for the Town of Prosper, Texas was prepared
by the Town Manager and presented to the Town Council on
August 14, 2012 in accordance with the Town Charter of the Town
of Prosper, Texas; and
WHEREAS, the Prosper Economic Development Corporation Board of
Directors approved the budget for the Prosper Economic
Development Corporation on August 15, 2012, and subsequently,
public hearings on the proposed Prosper Economic Development
Corporation budget were held by the Town Council of the Town of
Prosper, Texas, on September 4 and 11, 2012; and
WHEREAS, the proposed annual budget document was posted on the Town's
Internet web site and also made available for public review; and
WHEREAS, a notice of public hearings concerning the proposed Annual Town
Budget was published as required by State law and said public
hearings thereon were held by the Town Council on September 4
and 11, 2012; and
WHEREAS, following the public hearings on September 4 and 11, 2012, and
upon careful review of, the proposed Fiscal Year 2012-2013
Budget, and the review of the amendments to the current Fiscal
Year 2011-2012 Budget, it is deemed to be in the best financial
interest of the citizens of the Town of Prosper, Texas, that the
Town Council approve said budget and any amendments to the
current fiscal year budget and as presented by the Town Manager.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF PROSPER, TEXAS:
Section 1: THAT, the above findings are hereby found to be true and correct
and are incorporated herein in their entirety.
2
Section 2: THAT, the official budget for the Town of Prosper, Texas, for the
fiscal year beginning October 1, 2012 and ending September 30,
2013, is hereby adopted by the Town Council of the Town of
Prosper, Texas, and the Town Secretary is directed to keep and
maintain a copy of such official budget on file in the office of the
Town Secretary and, upon request, make same available to the
citizens and the general public.
Section 3: THAT, the Town Council of the Town of Prosper, Texas, hereby
approves certain amendments to the current Fiscal Year 2011-2012
Budget, as stated herein.
Section 4: THAT, the sums specified below are hereby appropriated from the
respective funds for the payment of expenditures on behalf of the
Town government as established in the approved budget
document:
FUND
FY 2011-2012
AMENDED BUDGET
FY 2012-2013
BUDGET
General Fund $8,287,253 $9,162,627
Interest & Sinking Fund $2,356,808 $2,556,482
Water & Sewer Fund $6,671,283 $7,576,516
Internal Service Fund $50,000 $50,000
Storm Drainage Utility Fund $224,190 $248,313
Parks and Recreation Fund $1,620,000 $1,250,000
Impact Fees Fund $5,553,000 $712,425
Special Revenue-Donation Fund $369,200 $59,200
Capital Projects Fund * $7,693,085 $12,700,971
Economic Development Corporation $237,145 $447,980
Total $33,061,964 $34,764,514
* Unspent funds September 30, 2011 will be automatically re-appropriated to the respective
project for FY 2012-2013.
Section 5: THAT, Capital Projects Funds are presented in the budget
document on a multi-year, project basis, whereby all unexpended
capital project funds are automatically re-appropriated into the
subsequent fiscal year. Accordingly, no annual appropriation for
Capital Projects Funds, other than those specifically listed in
Section 4 above, is provided.
3
Section 6: THAT, should any part, portion, section, or part of a section of this
Ordinance be declared invalid, or inoperative, or void for any
reason by a court of competent jurisdiction, such decision, opinion,
or judgment shall in no way affect the remaining provisions, parts,
sections, or parts of sections of this Ordinance, which provisions
shall be, remain, and continue to be in full force and effect.
Section 7: THAT, all ordinances and appropriations for which provisions
have heretofore been made are hereby expressly repealed if in
conflict with the provisions of this Ordinance.
Section 8: THAT, in accordance with State Law and the Town’s Code of
Ordinances, proper notice of public hearings has been provided for
said Ordinance to be considered and passed, and this Ordinance
shall take effect and be in full force and effect from and after its
final passage.
Section 9: THAT, specific authority is hereby given to the Town Manager to
transfer appropriations budgeted from one account classification or
activity to another within any individual department or activity;
and, to transfer appropriations from designated appropriations to
any individual department or activity.
AND IT IS SO ORDAINED.
Passed and approved by a vote of ___ to ___on this the 25th day of September,
2012.
TOWN OF PROSPER, TEXAS
BY: ______________________
Ray Smith, Mayor
ATTEST:
________________________________
Amy Piukana, TRMC, Town Secretary
Page 1 of 1
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Mike Land, Town Manager
Re: Town Council Meeting – September 25, 2012
Date: September 20, 2012
Agenda Item:
Consider and act upon Ordinance 12-29 adopting the Town of Prosper 2012 Property Tax Rate.
Description of Agenda Item:
This item is to adopt the 2012 tax rate to generate sufficient revenues as required in the
Adopted 2012-2013 Budget. The attached ordinance sets the 2012 ad valorem tax rate
at 0.52 cents per $100 assessed valuation, to be distributed as follows:
$0.316914 for Maintenance and Operations
$0.203086 for Debt Service
Totaling
$0.520000 Total Tax Rate
Budget Impact:
Rate as included in the Proposed Budget for FY2012-2013.
Legal Obligations and Review:
N/A
Attached Documents:
Ordinance Adopting the Town of Prosper 2012 Property Tax Rate
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
The tax code is specific in the form of making a motion to set the tax rate.
Town staff recommends that the Town Council approve the ordinance adopting the 2012 tax
rate using the language below.
Please make your motion in this form
“I move that the property tax rate be increased by the adoption of a tax rate of fifty-two (52)
cents per $100 assessed valuation, which is effectively a 0.32 percent increase in the tax rate.”
Prosper is a place where everyone matters.
Administration
Page 1 of 2
ORDINANCE NO. 12-29
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS ADOPTING THE TOWN OF
PROSPER 2012 PROPERTY TAX RATE, LEVYING TAXES FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013 AT THE RATE OF $0.52 PER ONE
HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL TAXABLE PROPERTY WITHIN
THE CORPORATE LIMITS OF THE TOWN OF PROSPER, TEXAS IN ACCORDANCE WITH
EXISTING STATUTORY REQUIREMENTS AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF ON THE TOWN’S HOME PAGE OF ITS WEBSITE.
WHEREAS, the Town Council of the Town of Prosper, Texas (hereinafter referred to as the
“Town”) hereby finds that the tax for the fiscal year beginning October 1, 2012, and ending September
30, 2013, hereinafter levied for current expenditures of the Town and the general improvements of the
Town and its property must be levied to provide revenue requirements for the budget for the ensuing year;
and
WHEREAS, the Town Council has approved, by separate ordinance to be adopted on the 25th day
of September, 2012, the budget for the fiscal year beginning October 1, 2012 and ending September 30,
2013; and
WHEREAS, all statutory and constitutional requirements concerning the levying and
assessing of ad valorem taxes have been complied with.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, COLLIN COUNTY, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Adoption of Tax Rate. We the Town Council of the Town of Prosper do hereby
levy or adopt the tax rate of $0.520000 per $100 valuation for the Town for tax year 2012 as follows:
$0.316914 for the purpose of maintenance and operation and
$0.203086 for payment of principal and interest on debt service.
SECTION 3: Truth In Taxation Required Language. The rate adopted is higher than both the
effective and rollback rates as calculated according to Truth In Taxation, and the total levy for
maintenance and operations exceeds last year’s levy for the same. As a result, the following statement
must be included in the ordinance in a type larger than that used in any portion of the ordinance.
THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE
AND OPERATIONS THAN LAST YEAR’S TAX RATE.
Page 2 of 2
THE TAX RATE WILL EFFECTIVELY BE RAISED BY 12.10 PERCENT
AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS
ON A $100,000 HOME BY APPROXIMATELY $ -0.03.
SECTION 4: Truth In Taxation Required Web Posting. The rate adopted is higher than both
the effective and rollback rates as calculated according to Truth In Taxation, and the total levy for
maintenance and operations exceeds last year’s levy for the same. As a result, the following statement
must be posted to the home page of the Town’s web site.
THE TOWN OF PROSPER ADOPTED A TAX RATE THAT WILL
RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS
THAN LAST YEAR’S TAX RATE.
THE TAX RATE WILL EFFECTIVELY BE RAISED BY 12.10 PERCENT
AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS
ON A $100,000 HOME BY APPROXIMATELY $ -0.03.
SECTION 5: Place of Payment/Collection. The Tax Assessor-Collector for Collin County is
hereby authorized to assess and collect the taxes of the Town of Prosper in accordance with this
ordinance. The Town shall have all rights and remedies provided by the law for the enforcement of the
collection of taxes levied under this ordinance.
SECTION 6: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of
the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation
if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall
remain in full force and effect.
SECTION 7: Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, sentence,
clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses, or phrases be declared unconstitutional or invalid.
SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption
and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 25th DAY OF SEPTEMBER, 2012 AT A MEETING WHICH WAS
HELD IN STRICT ACCORDANCE WITH THE TEXAS OPEN MEETING ACT.
_____________________________
RAY SMITH, Mayor
ATTEST TO:
_________________________________
AMY PIUKANA, TRMC
Town Secretary
Page 1 of 1
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Mike Land, Town Manager
Re: Town Council Meeting – September 25, 2012
Date: September 20, 2012
Agenda Item:
Consider and act upon an ordinance to ratify the property tax revenue increase reflected in the
Fiscal Year 2012-13 Adopted Budget as required under Section 102.007(c) of the Local
Government Code.
Description of Agenda Item:
During the 2007 legislative session, House Bill 3195 was passed amending section 102.007 of
the Local Government Code. Subsection C was added to state that adoption of a budget that
requires raising more revenue from property taxes than in the previous year requires a separate
vote of the governing body to ratify the property tax increase reflected in the budget. A vote
under this subsection is in addition to, and separate from, the vote to adopt the budget or a vote
to set the tax rate as required by Chapter 26 of the Tax Code.
The Fiscal Year 2012-2013 budget raises more in property tax revenues than in the previous
year.
Budget Impact:
N/A
Legal Obligations and Review:
N/A
Att ached Documents:
Ordinance Ratifying Property Tax Increase Reflected in the Budget
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
Town staff recommends that the Town Council approve the ordinance ratifying the property tax
revenue increase as reflected in the Fiscal Year 2012-2013 Budget.
Prosper is a place where everyone matters.
Administration
Page 1 of 1
ORDINANCE NO. 12-30
AN ORDINANCE RATIFYING THE PROPERTY TAX REVENUE INCREASE REFLECTED
IN THE BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2012 THROUGH SEPTEMBER 30,
2013 FOR THE TOWN OF PROSPER, TEXAS AS REQUIRED UNDER SECTION 102.007(C)
OF THE LOCAL GOVERNMENT CODE.
WHEREAS, the Town Council of the Town of Prosper, Texas adopted the budget for the fiscal period
beginning October 1, 2012 and ending September 30, 2013, in words and figures as adopted by
Ordinance No. 12-28; and
WHEREAS, Section 102.007 (c) of the Local Government code requires a separate vote of the
governing body to ratify the property tax revenue increase reflected in the budget.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, COLLIN COUNTY, TEXAS:
SECTION 1: The Town Council hereby votes to “ratify” the property tax revenue increase
reflected in the budget as adopted by Ordinance No. 12-28.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS ON THIS 25th DAY OF SEPTEMBER, 2012 AT A MEETING WHICH WAS HELD IN
STRICT ACCORDANCE WITH THE TEXAS OPEN MEETING ACT.
_____________________________
RAY SMITH, Mayor
ATTEST TO:
_________________________________
AMY PIUKANA, TRMC
Town Secretary