02.12.2013 Town Council PacketPage 1 of 4
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Prosper is a place where everyone matters.
1. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas
Government Code, as authorized by the Texas Open Meetings Act to deliberate
regarding;
1a. Section 551.071. Meeting with the Town Attorney regarding a matter in which
the duty of the Town Attorney under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas conflicts with the Open Meetings
Act regarding legal issues related to the:
(i) proposed ordinance relating to, among other things, certain definitions,
uses and regulations pertaining to alcoholic beverages;
2. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
3. Call to Order/Roll Call.
4. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
5. Announcements of upcoming events.
6. Proclamation by Mayor Smith declaring February 7-14th as Congenital Heart Defect
Awareness Week.
7. Recognition of Jerry David with Bloomfield Homes as Second Runner-Up, Mark
Covington with Drees Homes as First Runner-Up, and Mike Reynolds of Beazer Homes
as the recipient of the Building Inspection’s 2012 Builder of the Year Awards. (WS)
8. Update from Oncor Electric, Inc., on the Willow Ridge power outage issue.
9. CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered
non-controversial. The Consent Agenda can be acted upon in one motion. A majority
vote of the 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.)
9a. Consider and act upon minutes from the following Council meeting(s) (AP)
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, February 12, 2013
Town Manager Reception 4:30 p.m.
Executive Session 5:45 p.m.
Meeting begins at 6:00 p.m.
Page 2 of 4
• Regular Meeting – January 22, 2013
9b. Consider and act upon 1) a Water Improvement Development Agreement between
the Town of Prosper and Racetrac Petroleum, Inc., related to the extension of
approximately 6,000 feet of 16” water main along US 380 and 2) adopting
Resolution No. 13-08 authorizing the Town Manager to execute the same.
(HW)
9c. Consider and act upon 1) an Engineering Design Services Agreement
between the Town of Prosper and Spiars Engineering, Inc., related to the
design of the Racetrac Offsite Water Line Project and 2) adopting
Resolution No. 13-09 authorizing the Town Manager to execute the same.
(HW)
9d. Consider and act upon the monthly Financial Reports. (MG)
10. CITIZEN COMMENTS:
(The public is invited to address the Council on any topic. However, the Council is
unable to discuss or take action on any topic not listed on this agenda. Please
complete a “Public Comments Form” and present it to the Town Secretary prior to the
meeting.)
Other Comments by the Public -
REGULAR AGENDA:
(If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Speaker Request Form” and present it to the Town Secretary prior to the
meeting. Citizens wishing to address the Council for items listed as public hearings will
be recognized by the Mayor. Those wishing to speak on a non-public hearing related
item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town
Council.)
PUBLIC HEARING:
11. A public hearing to consider and act upon Ordinance 13-01 amending Chapter 2, Section
25 (Specific Use Permits); Chapter 3, Section 1 (Use of Land and Buildings)and Section
2 (Definitions); and Chapter 4, Section 4 (Parking Requirements), of the Town’s Zoning
Ordinance relating to, among other things, certain definitions, uses and regulations
pertaining to alcoholic beverages. (Z12-0009). (CC) (Continued Public Hearing from
the January 22, 2013 Council Meeting.)
DEPARTMENT ITEMS:
12. Consider and act upon adopting Resolution No. 13-11, authorizing the Town Manager
to execute the Agreement for the Reduction of the Extraterritorial Jurisdiction of the
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Town of Prosper, Texas, by and between the Town of Prosper, Texas and Comanche
Ridge 52 Partners, Ltd., and take any and all other actions necessary to effectuate the
same, said property consisting of 9.257± acres of land, generally located west of FM
1385 and north of Fishtrap Road. (HW)
13. Consider and act upon adopting Resolution No. 13-12, authorizing the Town Manager
to execute the Agreement for the Reduction of the Extraterritorial Jurisdiction of the
Town of Prosper, Texas, by and between the Town of Prosper, Texas and Comanche
Land Partners, Ltd., and take any and all other actions necessary to effectuate the same,
said property consisting of 100.582± acres of land, generally located west of FM 1385
and north of Fishtrap Road. (HW)
14. Consider and act upon adopting Resolution No. 13-13, authorizing the reduction of the
Town of Prosper’s Extraterritorial Jurisdiction, by removing 9.257± acres of land,
generally located west of FM 1385 and north of Fishtrap Road, and authorizing the
Mayor to execute the same. (HW)
15. Consider and act upon adopting Resolution No. 13-14, authorizing the reduction of the
Town of Prosper’s Extraterritorial Jurisdiction, by removing 100.582± acres of land,
generally located west of FM 1385 and north of Fishtrap Road, and authorizing the
Mayor to execute the same. (HW)
16. Consider and act upon adopting Resolution No. 13-10, authorizing the reduction of the
Town of Prosper’s Extraterritorial Jurisdiction, as a result of the Agreement for the
Reduction of the Extraterritorial Jurisdiction of the Town of Prosper, Texas, by and
among the Town of Prosper, Texas, Denton County Fresh Water Supply District No. 10,
166 Bryan Road Partners, LP and Bryan Road Retail Partners, LP, by removing 166.48±
acres of land, generally located west of FM 1385 and southeast of Bryan Road, and
authorizing the Mayor to execute the same. (HW)
17. Consider and upon Resolution No. 13-06, ordering the General Election to be held jointly
with the Prosper Independent School District on May 11, 2013. (AP)
18. Consider and act upon Ordinance No. 13-05 amending the FY 2012-2013 Budget.
(MG)
19. Downtown Code Compliance Strategy Update. (TE)
20. Capital Improvement Projects Update. (MB)
21. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas
Government Code, as authorized by the Texas Open Meetings Act to deliberate
regarding;
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21a. Section 551.072. To deliberate the purchase, exchange, lease, or value of real
property generally located on W. Broadway Street west of Coleman.
22. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
23. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting
• Update regarding the requirements and cost of a flashing school zone
signs at Folsom and Coleman.
• Discussion of overnight parking of semi trucks on Richland Boulevard.
• Discussion of dates to schedule a Strategic Plan Workshop.
• Update regarding CIP information reports.
24. 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 on the following date and time:
By __________________________ at 4:00 p.m. and remained so posted at least 72 hours before said meeting was
convened.
________________________________
Amy Piukana, TRMC
Town Secretary
If during the course of the meeting covered by this Notice, the Town Council should determine that a closed or
executive meeting or session of the Town Council or a consultation with the attorney/special counsel for the Town
should be held or is required, then such closed or executive meeting or session or consultation with the
attorney/special counsel as authorized by the Texas Open Meetings Act, Texas Government Code, §551.001, et seq.,
will be held by the Town Council at the date, hour and place given in this Notice or as soon after the commencement
of the meeting covered by this Notice as the Town Council may conveniently meet in such closed or executive
meeting or session or consult with the attorney/special counsel for the Town concerning any and all subjects and for
any and all purposes permitted by the Act, including, but not limited to, the following sections and purposes:
Texas Government Code:
§551.071 - Consultation with the attorney/special counsel for the Town.
§551.072 - Discussion regarding the purchase, exchange, lease or value of real property.
§551.074 - Discussion regarding personnel matters.
NOTICE
Pursuant to Town of Prosper Ordinance Number 07-04, all speakers other than Town of Prosper Staff are limited to
three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a
majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair
accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services
such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the
Town Secretary’s Office at (972) 569-1011. BRAILLE IS NOT AVAILABLE.
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1. Call to Order / Roll Call.
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, Council Member
Mike Korbuly, and Council Member Curry Vogelsang.
Absent: None
Staff Members present: Harlan Jefferson, Town Manager; Amy Piukana, Town Secretary; Matthew
Garrett, Finance Director; Hulon Webb, Development Director; Wayne Snell, Building Official; and
Chris Copple, Planning Director.
2. Mayor Smith led the Invocation. The Pledge of Allegiance, and Pledge to the Texas Flag were given.
3. Announcements of upcoming events. Mayor Pro Tem Miller announced Friends of the Library is
hosting a Winter Constellation Program, January 22 at 6 p.m. at Prosper Library. Town Secretary
Amy Piukana announced Tiseo Paving is scheduled to pour concrete this Thursday and Friday on
First Street and Coit Road noting motorists should anticipate minor delays.
4. Mayor Smith presented a Certificate of Recognition to the recipient of the 461st Single Family Home
Building Permit issued in 2012, a new annual record for the Town of Prosper.
5. CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non-
controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council
is required to remove any item for discussion and separate action. Council members may vote nay on
any single item without comment and may submit written comments as part of the official record.)
5a. Consider and act upon minutes from the following Council meeting(s) (AP)
• Regular Meeting – January 8, 2013
5b. Consider and act upon Ordinance No. 13-02, rezoning 10.5± acres, located on the
north side of Prosper Trail, 2,500± feet west of Dallas Parkway, from Single
Family-15 to Planned Development-Single Family-10 (PD-SF-10). (Z12-0008) (CC)
5c. Consider and act upon Ordinance No. 13-03, rezoning 5.1± acres, located on the
southeast corner of Fishtrap Road and Good Hope Road, from Agricultural (A) to
Single Family-10 (SF-10). (Z12-0010) (CC)
Minutes
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway
Prosper, TX 75078
Tuesday, January 22, 2013
Council Meeting
6:00 p.m.
Page 2 of 6
Deputy Mayor Pro Tem Dugger made a motion to approve Consent Items 5a. through 5c., as
presented. Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 7-0.
6. CITIZEN COMMENTS:
(The public is invited to address the Council on any topic. However, the Council is unable to
discuss or take action on any topic not listed on this agenda. Please complete a “Public Comments
Form” and present it to the Town Secretary prior to the meeting.)
Other Comments by the Public –
Resident Alan Michlin who resides on Smiley Road spoke regarding concerns with the paving and
maintenance of the following roads; Prosper Trail, Legacy, Good Hope, Parvin, and Fishtrap
Road.
Resident Duane Hall spoke regarding the roads in west Prosper noting Good Hope Road, Parvin
Road, Fishtrap, Legacy, Prosper Trail and Frontier Road need repairs and urged Council to consider
purchasing a maintainer (grader) to assist with road upkeep.
Mayor skipped to Item 10.
Deputy Mayor Pro Tem Dugger made a motion to recess into Executive Session at 6:18 p.m. Motion
seconded by Council Member Korbuly. Motion approved by vote of 7-0.
EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as
authorized by the Texas Open Meetings Act deliberate regarding;
10a. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property
generally located on W. Broadway Street west of Coleman.
10b. Section 551.071(2). Consultation with Town Attorney regarding Tax Increment Reinvestment
Zone Number Two, Town of Prosper.
10c. Section 551.071. Meeting with the Town Attorney regarding a matter in which the duty of
the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas conflicts with the Open Meetings Act regarding legal issues related to the:
(i) proposed ordinance relating to, among other things, certain definitions, uses
and regulations pertaining to alcoholic beverages;
(ii) Agreement for the Reduction of the ETJ of the Town of Prosper, by and
between the Town and Comanche Land Partners, Ltd., generally located west
of FM 1385 and north of Fishtrap Road, and containing 100.582± acres of
land;
(iii) Agreement for the Reduction of the ETJ of the Town of Prosper, by and
between the Town and Comanche Land Partners, Ltd., generally located west
of FM 1385 and north of Fishtrap Road, and containing 9.257± acres of land;
and
Page 3 of 6
(iv) Case 4:12-cv-00789-RAS-DDB; David Lightfoot vs. Town of Prosper, Kirk
McFarlin, Gary McHone and Amy Bockes.
Deputy Mayor Pro Tem Dugger made a motion to reconvene into regular session at 8:18 p.m.
Motion seconded by Council Member Korbuly. Motion approved by vote of 7-0. No action was
taken as a result of Executive Session.
REGULAR AGENDA:
(If you wish to address the Council during the regular agenda portion of the meeting, please fill out
a “Speaker Request Form” and present it to the Town Secretary prior to the meeting. Citizens
wishing to address the Council for items listed as public hearings will be recognized by the
Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-
by-case basis, at the discretion of the Mayor and Town Council.)
PUBLIC HEARING:
7. A public hearing to consider and act upon Ordinance 13-01 amending Chapter 2, Section 25
(Specific Use Permits); Chapter 3, Section 1 (Use of Land and Buildings)and Section 2
(Definitions); and Chapter 4, Section 4 (Parking Requirements), of the Town’s Zoning Ordinance
relating to, among other things, certain definitions, uses and regulations pertaining to alcoholic
beverages. (Z12-0009). (CC) (Continued Public Hearing from the January 8, 2013 Council
Meeting.)
Deputy Mayor Pro Tem Dugger made a motion to continue the Public Hearing to the February 12,
2013 Council Meeting. Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 7-
0.
8. Conduct a public hearing for the designation of Tax Increment Financing Reinvestment Zone,
Number Two Town of Prosper. (LD) (Continued Public Hearing from the December 19, 2012 Joint
Council & Prosper Economic Development Corporation Meeting.)
Resident Jack Dixon spoke asked the following questions regarding the project:
1) Has the TIRZ already been approved at the December 31st Meeting?
2) The TIRZ is for 157 acres and shows PD 41 and PD 47 having 202 acres and 113 acres, therefore;
what happens with the remaining acreage not covered in the TIRZ 157 acre plan? Are both PD’s
null and void?
3) How does the TIRZ compliment the Resident’s desire to “keep that small town country feel where
everyone matters”?
4) This plan calls for $916,000 in administration fees, what do these fees cover?
5) What are the 25 years tax revenues for the Town for this TIRZ?
6) Can the developer sell/transfer this TIRZ to another developer?
Resident Jack Dixon read out loud the following list of questions from Resident Cap Perry who was
not in attendance at the time of the meeting, but did fill out a speaker request card:
1) In the Exhibit B shown, will this be the only area to receive the tax incentive or is it just a
location map.
2) Where is the Town Center located?
Page 4 of 6
3) Section 3 of the Ordinance was read out loud, then Mr. Dixon asked if the Town would be
allowed to opt out?
4) Will any bond money be used in this project from the bond packaged approved for a new Town
Hall location in 2011?
Resident Ken Weaver submitted a list of the following questions:
Questions read out loud:
1) I understand that the Town of Prosper’s maximum financial liability is limited to $27.5 million
excluding town expense for TIRZ Administration (in 2013 dollars) and the Developer Interest is at
3.5%, is the correct?
2) What is the Town of Prosper’s financial liability if the Developer does not complete or just stops
the work before 25 years out due to poor economic conditions or any other reason?
3) Questions regarding TIRZ Grant Project costs, if one of the identified projects costs more than the
“Plan”, explain the financial impact to the Town of Prosper. Also, if one of the identified projects
costs less than the “Plan”, explain the financial impact to the Town of Prosper.
4) Are Grant Project costs “transferrable” between the various identified projects for the benefit of
the Developer or are the Grant Project Costs “non-transferrable” between the various projects for
the benefit of the Town of Prosper?
5) No Town residents (or independent third parties) are on the TIRZ Board? Why?
6) For future public hearings (and other major endeavors requiring public input/comments), would
you please prepare a one page management summary “in English” so the residents of Prosper
understand the salient points of the endeavor. (We have asked for this several times and request
Council take action.)
Town Attorney Pete Smith was present to answer questions regarding the TIRZ. Mr. Smith
explained that Council approved the Development and Finance Agreement at the December 31, 2012
meeting which was conditioned on the approval of the ordinance designating TIRZ Number Two.
The Town Council had not made a decision on December 31, 2012 whether to adopt an ordinance to
designate TIRZ Number Two. The Town Council only approved the Development and Financing
Agreement on December 31, 2012. The agreement required the later approval of the ordinance
designating TIRZ Number Two. This meeting is to consider approval of the Ordinance. Mr. Smith
generally explained how a TIRZ works and noted that the zoning and the TIRZ boundaries are
separate. The adoption of a TIRZ does not affect any zoning and any Planned Developments Zoning
Districts outside of the TIRZ; and that the TIRZ does not nullify the current zoning inside and outside
the TIRZ boundaries. Mr. Smith explained that under the Development and Financing Agreement
that the Developer is required to enter into construction contracts for public infrastructure identified
in the project plan which must be approved by the Town. The Developer is reimbursed the approved
contraction costs when the public infrastructure is completed. Payment is made solely from the TIRZ
revenues. If there are insufficient TIRZ revenues the Developer is not paid. The Town is not required
to issue any debt or otherwise pay any unreimbursed costs unless there are available TIRZ revenues.
Mr. Smith informed the audience that the maximum financial liability is limited to the Maximum
Construction Payment of $27.5 million excluding Town expense for TIRZ Administration plus
interest at the rate of 3.5 % for any unpaid reimbursement payments and Developer Interest. Mr.
Smith explained that the Development Agreement has performance and minimum construction
milestones that must be met and accomplished. If the Developer walks away, the Town can
terminate the agreement. He noted the agreement requires the Developer to enter into contracts for
the construction of public infrastructure time frame within 15 years in order to be reimbursed. He
explained that if a contract is not reached, the reimbursement would not be provided. Mr. Smith
informed the audience that the Town is making application to Collin County to participate in the
TIRZ which is expected to be 50% of the County property tax within the TIRZ applying for
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reimbursement through Collin County. If the cost of public infrastructure pursuant to the
Development Agreement exceeds 27.5 million, the Developer is required to pay the additional cost.
Mr. Smith explained that the ordinance designating the TIRZ appointing the Town Council elected to
serve as the Board of Directors for the TIRZ Board which in his opinion is typical in most cities. Mr.
Smith noted that none of the administrative expenses are costs that the Town incurs relating to the
TIRZ and does not include Developer cost, it goes back to the Developer; the administrative fees are
for legal and routine costs incurred for the TIRZ. The tax revenues contributed to the TIRZ for the
Town with the TIRZ would be 25% of the Town sales, 70 % of the Town real property gets taxes ,
100% of the Town rollback Taxes, and 50% of the PEDC sales tax after the PEDC has completed a
prior project agreementand the PEDC Grants depend on the performance. Mr. Smith explained that
the Developer may not assign or transfer the Development and Financing Agreement without Town
Council approval and that it was not possible for the Developer to transfers or sells this TIRZ to
another developer. Mr. Smith also explained the amount of sales tax and property tax revenue that the
Town would receive during the 25 year TIRZ.
Resident Ernie Sanders asked Council if the ramp expansion of US380 is funded by TXDOT?
Development Director Hulon Webb answered stating NTTA pays for ramps however; if two ramps
are necessary the Town must pay for the second ramp.
DEPARTMENT ITEMS:
9. Consider and take action to approve Ordinance No. 13-04 designating a Tax Increment Financing
Reinvestment Zone, Number Two Town of Prosper. (LD) Attorney Pete Smith was present to
answer any questions.
After discussion, Mayor Pro Tem Miller made a motion to approve Ordinance No. 13-04 designating
a Tax Increment Financing Reinvestment Zone, Number Two Town of Prosper, as presented. Motion
seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 7-0.
Deputy Mayor Pro Tem Dugger made a motion to recess into executive session at 8:58 p.m. Motion
seconded by Council Member Korbuly. Motion approved by vote of 7-0.
10. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as
authorized by the Texas Open Meetings Act to deliberate regarding;
10a. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property
generally located on W. Broadway Street west of Coleman.
10b. Section 551.071(2). Consultation with Town Attorney regarding Tax Increment Reinvestment
Zone Number Two, Town of Prosper.
10c. Section 551.071. Meeting with the Town Attorney regarding a matter in which the duty of
the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas conflicts with the Open Meetings Act regarding legal issues related to the:
(v) proposed ordinance relating to, among other things, certain definitions, uses
and regulations pertaining to alcoholic beverages;
(vi) Agreement for the Reduction of the ETJ of the Town of Prosper, by and
between the Town and Comanche Land Partners, Ltd., generally located west
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of FM 1385 and north of Fishtrap Road, and containing 100.582± acres of
land;
(vii) Agreement for the Reduction of the ETJ of the Town of Prosper, by and
between the Town and Comanche Land Partners, Ltd., generally located west
of FM 1385 and north of Fishtrap Road, and containing 9.257± acres of land;
and
(viii) Case 4:12-cv-00789-RAS-DDB; David Lightfoot vs. Town of Prosper, Kirk
McFarlin, Gary McHone and Amy Bockes.
11. 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 at 9:17 p.m.
Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 7-0. There was no action
taken as a result of executive session.
12. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Council Member
Wilson advised staff to update Council regarding the Oncor Electricity issue at the Willow Ridge
Subdivision. Council Member Korbuly asked staff to provide Council requirements to add a speed
limit flashing light sign at Folsom and Coleman. Mayor Pro Tem Miller asked staff to provide
updates on Coit and First Street. Deputy Mayor Pro Tem Dugger urged staff to provide a website
update on Coit and Preston Road.
13. Adjourn. Mayor Pro Tem Miller made a motion to adjourn the meeting at 9:20 p.m. Motion
seconded by Council Member Vogelsang. Motion approved by vote of 7-0.
The meeting adjourned at 9:21 p.m.
APPROVED:
___________________________________
Ray Smith, Mayor
ATTEST:
_______________________________
Amy M. Piukana, TRMC
Town Secretary
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To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Harlan Jefferson, Town Manager
Frank Jaromin, P.E., Director of Public Works
Michael Bulla, CIP Project Manager
Re: Town Council Meeting – February 12, 2013
Date: February 4, 2013
Agenda Item:
Consider and act upon 1) a Water Improvement Development Agreement between the Town of
Prosper and Racetrac Petroleum, Inc., related to the extension of approximately 6,000 feet of
16” water main along US 380 and 2) adopting Resolution No. 13-08 authorizing the Town
Manager to execute the same.
Description of Agenda Item:
The Westside Water Line Project extends the Town’s Capital Improvement Project water main
along US 380 from SH 289 (Preston Road) to Teel Parkway. Racetrac is proposing to develop
a signature store at the northwest corner of US 380 and FM 423 (Gee Road). Prior to the
Westside Water Line Project, Racetrac was working on a water well agreement to provide water
service to their development. Based on the timing of completion of the Westside Water Line
Project, Town staff discussed with Racetrac the option of extending the necessary water main
along US 380 to serve the adjoining properties as well as Racetrac. To facilitate the design and
construction of the water main, Racetrac has agreed to apply the $200,000 it was going to
spend on the water well system towards the extension of the water main. In exchange for their
participation, they will receive water impact fee credits estimated at approximately $5,200. The
total anticipated cost for the design and construction of the water main is $600,000.
Budget Impact:
The estimated cost for the design and construction of the extension of approximately 6,000 feet
of 16” water main along US 380 is $600,000. Racetrac Petroleum, Inc, will fund $200,000 and
the remaining balance will be funded by the Town’s Water Impact Fee Fund. Town staff is also
in discussions with the Prosper Economic Development Corporation on potential participation as
this water main will provide service to the non-residential future development along the
approximately 6,000 feet of frontage along US 380 between Teel Parkway and Gee Road.
Legal Obligations and Review:
The agreement was prepared by an attorney. Racetrac Petroleum, Inc., will contribute $2,500
towards the legal preparation fees.
ENGINEERING
Prosper is a place where everyone matters.
Page 2 of 2
Attached Documents:
The following documentation is being provided for review:
1. Water Improvement Development Agreement
2. Resolution authorizing the Town Manager to execute the agreement
3. Town of Prosper Water System Capital Improvement Plan
4. Location Map
Town Staff Recommendation:
Town staff recommends that the Town Council: 1) approve a Water Improvement Development
Agreement between the Town of Prosper and Racetrac Petroleum, Inc., related to the extension
of approximately 6,000 feet of 16” water main along US 380 and 2) adopt Resolution No. 13-08
authorizing the Town Manager to execute the same.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 13-08
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 WATER
IMPROVEMENT DEVELOPMENT AGREEMENT RELATED TO THE
EXTENSION OF APPROXIMATELY 6,000 FEET OF 16” WATER MAIN
ALONG US 380, BETWEEN RACETRAC PETROLEUM, 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
Water Improvement Development Agreement related to the extension of approximately
6,000 feet of 16” water main along US 380, between Racetrac Petroleum, Inc., and the
Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 12th of February, 2013.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana
Town Secretary
TOWN OF PROSPER WATER SYSTEM CAPITAL IMPROVEMENT PLAN
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Harlan Jefferson, Town Manager
Frank Jaromin, P.E., Director of Public Works
Michael Bulla, CIP Project Manager
Re: Town Council Meeting – February 12, 2013
Date: February 4, 2013
Agenda Item:
Consider and act upon 1) an Engineering Design Services Agreement between the Town of
Prosper and Spiars Engineering, Inc., related to the design of the Racetrac Offsite Water Line
Project and 2) adopting Resolution No. 13-09 authorizing the Town Manager to execute the
same.
Description of Agenda Item:
This agreement is for the engineering design services necessary to extend the Westside Water
Line, currently under construction, from Teel Road to FM 423 (Gee Road) on the north side of
US380. In addition to providing service to the properties adjacent to US380, the six-thousand
feet (6,000’) of 16” water main will provide the needed infrastructure for the Racetrac retail
development on the northwest corner of US380 and Gee Road.
In accordance with the Water Improvement Development Agreement with Racetrac, Racetrac
agrees to contribute $200,000 towards the estimated $600,000 design and construction costs
for this water main. The engineering design services agreement for the project is an amount not
to exceed $48,540. The anticipated project schedule is:
• Begin Design February 2013
• Complete Design March 2013
• Bid Project April 2013
• Bid Award to Town Council May 2013
• Begin Construction June 2013
• Complete Construction August 2013
Budget Impact:
The $48,540 for the design of the improvements is to be funded by the Water Impact Fee Fund.
Legal Obligations and Review:
The contract is a standard Engineering Design Services Agreement previously approved by the
Town Attorney.
ENGINEERING
Prosper is a place where everyone matters.
Page 2 of 2
Attached Documents:
The following documentation is being provided for review:
1. Engineering Design Services Agreement
2. Resolution authorizing the Town Manager to execute the agreement
3. Location Map
Town Staff Recommendation:
Town staff recommends that the Town Council: 1) approve an Engineering Design Services
Agreement between the Town of Prosper and Spiars Engineering, Inc., related to the design of
the Racetrac Offsite Water Line Project and 2) adopt Resolution No. 13-09 authorizing the Town
Manager to execute the same.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 13-09
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
ENGINEERING DESIGN SERVICES AGREEMENT RELATED TO THE
DESIGN OF THE RACETRAC OFFSITE WATER LINE, BETWEEN
SPIARS ENGINEERING INC., AN D THE TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, an
Engineering Design Services Agreement related to the design of the Racetrac Offsite
Water Line, between Spiars Engineering Inc., and the Town of Prosper, as hereto
attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 12th of February, 2013.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana
Town Secretary
Town of Prosper, Texas – Engineering Design Services Agreement Page 1 of 34
AGREEMENT
BETWEEN
THE TOWN OF PROSPER, TEXAS (TOWN)
AND
SPIARS ENGINEERING, INC. (CONSULTANT)
FOR
ENGINEERING
DESIGN SERVICES
Made as of the _____ day of _________________ in the year Two Thousand Eleven:
BETWEEN the Town: The Town of Prosper, Texas
P.O. Box 307
Prosper, Texas 75078
Telephone: (972) 346-2640
Facsimile: (972) 346-9335
and the Consultant: Spiars Engineering, Inc.
765 Custer Road, Suite 100
Plano, Texas 75075
Telephone: (972) 422-0077
Facsimile: (971) 422-0075
for the following Project: RaceTrac Offsite Water Line
The Town and the Consultant agree as set forth below.
THIS AGREEMENT is made and entered by and between the Town of Prosper,
Texas, a Home-Rule Municipal Corporation, hereinafter referred to as “Town,” and
Spiars Engineering, Inc., hereinafter referred to as “Consultant,” to be effective from
and after the date as provided herein, hereinafter referred to as “Agreement.”
WHEREAS, the Town desires to engage the services of the Consultant to design
and/or prepare construction documents for approximately 6,000 LF of 16” water main,
hereinafter referred to as “Project;” and
WHEREAS, the Consultant desires to render such professional engineering
services for the Town upon the terms and conditions provided herein.
Town of Prosper, Texas – Engineering Design Services Agreement Page 2 of 34
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That for and in consideration of the covenants contained herein, and for the mutual
benefits to be obtained hereby, the parties agree as follows:
ARTICLE 1
CONSULTANT’S SERVICES
1.1 Employment of the Consultant – The Town hereby agrees to retain the
Consultant to perform professional engineering services in connection with the
Project. Consultant agrees to perform such services in accordance with the
terms and conditions of this Agreement. Consultant further agrees that if any
employee of the Consultant, who is performing the day-to-day services under this
Agreement for the Project, is separated, for any reason, from employment with
the Consultant, the Consultant shall notify, in writing, a minimum of five (5)
business days prior to said separation unless circumstances reasonably warrant
a shorter notice period which shall not exceed two (2) business days following
the separation.
1.2 Scope of Services – The parties agree that Consultant shall perform such
services as are set forth and described in Exhibit “A,” which is attached hereto
and incorporated herein by reference for all purposes. The parties understand
and agree that deviations or modifications to the scope of services described in
Exhibit “A,” in the form of written change orders, may be authorized from time to
time by the Town.
1.2.1 Requirement of Written Change Order – “Extra” work, or “claims”
invoiced as “extra” work, or “claims” which have not been issued as a duly
executed, written change order by the Prosper Town Manager, will not be
authorized for payment and/or shall not become part of the subcontracts.
A duly executed written change order shall be preceded by the Town of
Prosper Town Council’s authorization for the Prosper Town Manager to
execute said change order.
1.2.2 DO NOT PERFORM ANY EXTRA WORK AND/OR ADDITIONAL
SERVICES WITHOUT A DULY EXECUTED WRITTEN CHANGE ORDER
ISSUED BY THE PROSPER TOWN MANAGER. Project Managers,
Superintendents, and/or Inspectors of the Town are not authorized to
issue verbal or written change orders.
1.3 Schedule of Work – The Consultant agrees to commence work immediately
upon the execution of this Agreement, and to proceed diligently with said work to
completion as described in the Compensation Schedule / Project Billing / Project
Budget attached hereto as Exhibit “B” and incorporated herein by reference for
all purposes, but in no event shall the Project be completed any later than August
15, 2013.
Town of Prosper, Texas – Engineering Design Services Agreement Page 3 of 34
ARTICLE 2
THE TOWN’S RESPONSIBILITIES
Town shall do the following in a timely manner so as not to delay the services of
Consultant:
2.1 Project Data – The Town shall furnish required information, that it currently has
in its possession, as expeditiously as necessary for the orderly progress of the
work, and the Consultant shall be entitled to rely upon the accuracy and
completeness thereof.
2.2 Town Project Manager – The Town shall designate, when necessary, a
representative authorized to act on the Town’s behalf with respect to the Project
(the “Project Manager”). The Town or such authorized representative shall
examine the documents submitted by the Consultant and shall render any
required decisions pertaining thereto as soon as practicable so as to avoid
unreasonable delay in the progress of the Consultant’s services. The Project
Manager is not authorized to issue verbal or written change orders for “extra”
work or “claims” invoiced as “extra” work.
ARTICLE 3
CONSULTANT’S COMPENSATION
3.1 Compensation for Consultant’s Services – As described in “Article 1,
Consultant’s Services,” compensation for this Project shall be on a Lump Sum
Basis, for an amount not to exceed Forty Thousand Five Hundred Forty and
00/100 Dollars ($40,540.00), (“Consultant’s Fee”) and shall be paid in
accordance with Article 3 and the Compensation Schedule / Project Billing /
Project Budget as set forth in Exhibit “B.”
3.1.1 Completion of Record Documents – Town and Consultant agree that
the completion of the Record Documents and/or “As-Built” Documents,
including hard copy formatting and electronic formatting, shall be
completed, submitted to, and accepted by the Town prior to payment of
the final five percent (5%) of the Consultant’s Fee, or Two Thousand Five
Hundred and 00/100 Dollars ($ 2,500.00). The electronic formatting shall
be consistent with the standards established in Exhibit “C,” Town of
Prosper Guidelines for Computer Aided Design and Drafting (“CADD”).
Completion of the Record Documents and/or “As-Built” documents shall
be included in the Consultant’s Fee and considered to be within the Scope
of Services defined under this Agreement.
Town of Prosper, Texas – Engineering Design Services Agreement Page 4 of 34
3.1.2 Disputes between Town and Construction Contractor – If the Project
involves the Consultant performing Construction Administration Services
relating to an agreement between a Construction Contractor (the
“Contractor”) and the Town, and upon receipt of a written request by
Town, Consultant shall research previous and existing conditions of the
Project, and make a determination whether or not to certify that sufficient
cause exists for the Town to declare the Contractor in default of the terms
and conditions of the agreement. Consultant shall submit his findings in
writing to the Town, or submit a written request for a specific extension of
time (including the basis for such extension), within fifteen (15) calendar
days of receipt of the written request from the Town. Town and
Consultant agree that if requested by the Town, completion of this task
shall be included in the Consultant’s Fee and considered to be within the
Scope of Services as defined under this Agreement.
3.1.3 Consultation and Approval by Governmental Authorities and
Franchised Utilities – Consultant shall be responsible for identifying and
analyzing the requirements of governmental agencies and all franchise
utilities involved with the Project, and to participate in consultation with
said agencies in order to obtain all necessary approvals and/or
permissions. The Consultant shall be responsible for preparation and
timely submittal of documents required for review, approval, and/or
recording by such agencies. The Consultant shall be responsible for
making such changes in the Construction Documents as may be required
by existing written standards promulgated by such agencies at no
additional charge to Town.
3.1.4 Substantial Compliance with Architectural Barriers Act – Should the
Project fall within the regulatory requirements of the Texas Architectural
Barriers Act, Chapter 68 Texas Administrative Code , as it exists or may
be amended (the “Barriers Act”), as solely determined by the Town,
Consultant shall comply with the Barriers Act. As part of the Scope of
Services defined in this Agreement, it is the sole responsibility of the
Consultant to identify and analyze the requirements of the Barriers Act
and to become familiar with the governmental authorities having
jurisdiction to approve the design of the Project. Consultant shall
participate in consultations with said authorities in order to obtain approval
for the Project. As part of the services provided under the Consultant’s
Fee, the Consultant shall obtain the Notice of Substantial Compliance for
the Project from the Texas Department of Licensing and Regulation (the
“TDLR”). The Consultant shall, without additional compensation,
immediately correct any errors, omissions, or deficiencies in the design
services and/or construction documents identified by TDLR and/or a
Registered Accessibility Specialist (“RAS”) at any phase of the Project,
either by review of the construction documents, or inspection of the
Town of Prosper, Texas – Engineering Design Services Agreement Page 5 of 34
Project at the commencement of construction, during the construction of
the Project, or at the completion of construction.
3.1.4.1 Submission of Construction Documents to TDLR – The
Consultant shall mail, ship, or hand-deliver the construction
documents to TDLR not later than five (5) calendar days after
the Consultant issues the construction documents for the
Project.
3.1.4.2 Completion of Registration Form to TDLR – Consultant shall
complete an Elimination of Barriers Project Registration Form
(The “Form”) for each subject building or facility within the
Scope of the Project, and submit the registration form(s) along
with the applicable fees not later than fourteen (14) calendar
days after the Consultant completes the submittal of the
construction documents to TDLR.
3.1.4.3 TDLR Approval of Construction Documents – After review of
the construction documents by TDLR, the Consultant shall be
notified in writing of the results; however, it is the Consultant’s
responsibility to obtain TDLR’s written comments. The
Consultant shall address all comments that prevent TDLR
approval of the construction documents, including comments
relating to Conditional Approval that must be addressed in the
design and construction of the Project. Consultant shall
resubmit construction documents to TDLR for review prior to the
completion of construction of the Project.
3.1.4.4 TDLR Project Inspection – Consultant shall request an
inspection from TDLR or a TDLR locally approved RAS no later
than thirty (30) calendar days after the completion of
construction of the Project. The Consultant shall advise the
Town in writing of the results of each Project inspection. Town
reserves the right to verify the written results with TDLR at any
time during design, construction, or at the completion of the
Project.
3.1.4.5 Corrective Modifications following TDLR Project Inspection
When corrective modifications to achieve substantial
compliance are required, the TDLR inspector or the RAS shall
provide the Consultant a list of deficiencies and a deadline for
completing the modifications. Consultant shall provide the
Town with this list within five (5) calendar days of receipt. It is
the sole responsibility of the Consultant to completely address
the deficiencies by the stated deadline or to obtain a written
notice of extension from the TDLR. When the corrective
Town of Prosper, Texas – Engineering Design Services Agreement Page 6 of 34
measures have been completed, Consultant shall provide the
TDLR (and/or the RAS who completed the inspection) and the
Town with written verification of the corrective measures
completed.
3.1.4.6 TDLR Notice of Substantial Compliance – TDLR shall provide
a Notice of Substantial Compliance to the Town after the newly
constructed Project has had a satisfactory inspection, or
Consultant has submitted verification of corrective modifications.
Town and Consultant agree that the final five percent (5%) of
Consultant’s Fee, or Dollar Amount spelled out and 00/100
Dollars ($00,000.00) shall not be paid until the Town is in receipt
of the TDLR’s Notice of Substantial Compliance for all Project
components and/or phases of the Project.
3.2 Direct Expenses – Direct Expenses are included in the Consultant’s Fee as
described in Article 3.1 and include actual reasonable and necessary
expenditures made by the Consultant and the Consultant’s employees and
subcontractors in the interest of the Project. All submitted Direct Expenses are to
be within the amounts as stated in the Compensation Schedule / Project Billing /
Project Budget set forth in Exhibit “B,” and consistent with Exhibit “D,” Town of
Prosper Guidelines for Direct Expenses; General and Administrative Markup;
Travel and Subsistence Expenses. The Consultant shall be solely responsible
for the auditing and accuracy of all Direct Expenses, including those of its
subcontractors, prior to submitting to the Town for reimbursement, and shall be
responsible for the accuracy thereof. Any over-payment by the Town for errors in
submittals for reimbursement may be deducted from the Consultant’s
subsequent payment for services; provided, however this shall not be the Town’s
sole and exclusive remedy for said over-payment.
3.3 Additional Services – The Consultant shall provide the services as described in
the Scope of Services as set forth in Exhibit “A” of this Agreement. If authorized
in writing by the Town, the Consultant shall provide additional services, to be
compensated on an hourly basis in accordance with this paragraph (“Additional
Services”). These services may include, but are not limited to:
3.3.1 Additional meetings, hearings, work-sessions, or other similar
presentations which are not provided for or contemplated in the Scope of
Services described in Exhibit “A.”
3.3.2 Additional drafts and revisions to the Project which are not provided for or
contemplated in the Scope of Services as described in Exhibit “A.”
3.3.3 Additional copies of final reports and construction plans which are not
provided for or contemplated in the Scope of Services as described in
Exhibit “A.”
Town of Prosper, Texas – Engineering Design Services Agreement Page 7 of 34
3.3.4 Photography, professional massing models which are not provided for or
contemplated in the Scope of Services as described in Exhibit “A.”
3.3.5 Compensation for Additional Services authorized by the Town shall be in
addition to the Consultant’s Fee and shall be based on direct billable labor
rates and expenses.
3.3.6 Compensation for Additional Services authorized by the Town shall be in
addition to the Consultant’s Fee and shall be based on an hourly basis
according to the following personnel rates. The rates set forth in this chart
are subject to reasonable change provided prior written notice of said
change is given to Town.
Hourly Billable Rates by Position
Name Position Hourly Rate
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Principal
Associate
Project Manager
Project Engineer
Design Engineer (E.I.T.)
Senior Technician
Technician
Survey Manager (R.P.L.S.)
Senior Survey Technician
Survey Technician
2-Man Field Crew
1-Man Field Crew
Abstracting/Deed Research
Administrative Assistant
$160.00/HR
$140.00/HR
$120.00/HR
$105.00/HR
$95.00/HR
$115.00/HR
$90.00/HR
$120.00/HR
$100.00/HR
$80.00/HR
$160.00/HR
$110.00/HR
$60.00/HR
$75.00/HR
3.4 Invoices – No payment to Consultant shall be made until the Consultant tenders
an invoice to the Town. The Consultant shall submit monthly invoices for
services rendered, based upon the actual percentage of work complete at the
time the invoice is prepared, or are to be mailed to Town immediately upon
completion of each individual task listed in Exhibit “B.” On all submitted invoices
for services rendered and work completed on a monthly basis, Consultant shall
include appropriate background materials to support the submitted charges on
said invoice. Such background material shall include, but is not limited to,
employee timesheets, invoices for work obtained from other parties, and receipts
and/or log information relating to Direct Expenses. All invoices for payment shall
provide a summary methodology for administrative markup and/or overhead
charges.
3.5 Timing of Payment – Town shall make payment to Consultant for said invoices
within thirty (30) days following receipt and acceptance thereof. The parties
agree that payment by Town to Consultant is considered to be complete upon
Town of Prosper, Texas – Engineering Design Services Agreement Page 8 of 34
mailing of payment by Town. Furthermore, the parties agree that the payment is
considered to be mailed on the date that the payment is postmarked.
3.6 Disputed Payment Procedures – In the event of a disputed or contested billing
by Town, only that portion so contested may be withheld from payment, and the
undisputed portion will be paid. Town shall notify Consultant of a disputed
invoice, or portion of an invoice, in writing by the twenty-first (21st) calendar day
after the date the Town receives the invoice. Town shall provide Consultant an
opportunity to cure the basis of the dispute. If a dispute is resolved in favor of the
Consultant, Town shall proceed to process said invoice, or the disputed portion
of the invoice, within the provisions of Article 3.5. If a dispute is resolved in favor
of the Town, Consultant shall submit to Town a corrected invoice, reflecting any
and all payment(s) of the undisputed amounts, documenting the credited
amounts, and identifying outstanding amounts on said invoice to aid Town in
processing payment for the remaining balance. Such revised invoice shall have
a new invoice number, clearly referencing the previous submitted invoice. Town
agrees to exercise reasonableness in contesting any billing or portion thereof that
has background materials supporting the submitted charges.
3.7 Failure to Pay – Failure of the Town to pay an invoice, for a reason other than
upon written notification as stated in the provisions of Article 3.6 to the
Consultant within sixty (60) days from the date of the invoice shall grant the
Consultant the right, in addition to any and all other rights provided, to, upon
written notice to the Town, suspend performance under this Agreement, and
such act or acts shall not be deemed a breach of this Agreement. However,
Consultant shall not suspend performance under this Agreement prior to the
tenth (10th) calendar day after written notice of suspension was provided to
Town, in accordance with Chapter 2251, Subchapter “D” (“Remedy for
Nonpayment”) of the Texas Government Code. The Town shall not be required
to pay any invoice submitted by the Consultant if the Consultant breached any
provision(s) herein.
3.8 Adjusted Compensation – If the Scope of the Project or if the Consultant’s
services are materially changed due to no error on behalf of Consultant in the
performance of services under this Agreement, the amounts of the Consultant’s
compensation shall be equitably adjusted as approved by Town. Any additional
amounts paid to the Consultant as a result of any material change to the Scope
of the Project shall be authorized by written change order duly executed by both
parties before the services are performed.
3.9 Project Suspension – If the Project is suspended or abandoned in whole or in
part for more than three (3) months, Consultant shall be entitled to compensation
for any and all work completed to the satisfaction of Town in accordance with the
provisions of this Agreement prior to suspension or abandonment. In the event
of such suspension or abandonment, Consultant shall deliver to Town all finished
or unfinished documents, data, studies, drawings, maps, models, reports,
Town of Prosper, Texas – Engineering Design Services Agreement Page 9 of 34
photographs, and/or any other items prepared by Consultant in connection with
this Agreement prior to Consultant receiving final payment. If the Project is
resumed after being suspended for more than three (3) months, the Consultant’s
compensation shall be equitably adjusted as approved by the Town. Any
additional amounts paid to the Consultant after the Project is resumed shall be
agreed upon in writing by both parties before the services are performed.
ARTICLE 4
OWNERSHIP OF DOCUMENTS
4.1 Documents Property of the Town – The Project is the property of the Town,
and Consultant may not use the documents, plans, data, studies, surveys,
drawings, maps, models, reports, photographs, and/or any materials for any
other purpose not relating to the Project without Town’s prior written consent.
Town shall be furnished with such reproductions of the Project, plans, data,
documents, maps, and any other information as defined in Exhibit “A.” Upon
completion of the work, or any earlier termination of this Agreement under Article
3 and/or Article 8, Consultant will revise plans, data, documents, maps, and any
other information as defined in Exhibit “A” to reflect changes while working on the
Project through the date of completion of the work, as solely determined by
Town, or the effective date of any earlier termination of this Agreement under
Article 3 and/or Article 8, and promptly furnish the same to the Town in an
acceptable electronic format. All such reproductions shall be the property of the
Town who may use them without the Consultant’s permission for any purpose
relating to the Project, including, but not limited to, completion of the Project,
and/or additions, alterations, modifications, and/or revisions to the Project. Any
reuse of the documents not relating to the Project shall be at the Town’s own
risk.
4.2 Documents Subject to Laws Regarding Public Disclosure – Consultant
acknowledges that Town is a governmental entity and that all documents, plans,
data, studies, surveys, drawings, maps, models, reports, photographs, and/or
any items prepared or furnished by Consultant (and Consultant’s professional
associates and/or Sub-consultants) under this Agreement are instruments of
service in respect of the Project and property of the Town and upon completion
of the Project shall thereafter be subject to the Texas Public Information Act
(Texas Government Code, Chapter 552) and any other applicable laws requiring
public disclosure of the information contained in said documents.
ARTICLE 5
CONSULTANT’S INSURANCE REQUIREMENTS
5.1 Required General Liability Insurance – Consistent with the terms and
provisions of Exhibit “E,” Town of Prosper Contractor Insurance Guidelines,
Consultant shall maintain, at no expense to Town, a general liability insurance
policy with a company that maintains a minimum rating of “A” by A.M. Best’s Key
Town of Prosper, Texas – Engineering Design Services Agreement Page 10 of 34
Rating Guide, or other equivalent rating service(s), authorized to transact
business in the State of Texas, in an amount not less than One Million and
00/100 Dollars ($1,000,000.00) for each occurrence, and Two Million and 00/100
Dollars ($2,000,000.00) in the aggregate. Such policy shall name the Town, its
officers, agents, representatives, and employees as additional insured as to all
applicable coverage. Such policy shall provide for a waiver of subrogation
against the Town for injuries, including death, property damage, or any other loss
to the extent that same is covered by the proceeds of the insurance. Such policy
shall require the provision of written notice to Town at least thirty (30) days prior
to cancellation, non-renewal, or material modification of any policies, evidenced
by return receipt or United States Certified Mail. Consultant shall furnish Town
with certificates evidencing such coverage prior to commencing work on the
Project.
5.2 Required Professional Liability Insurance – Consistent with the terms and
provisions of Exhibit “E,” Town of Prosper Contractor Insurance Guidelines,
Consultant shall maintain, at no expense to Town, a professional liability (errors
and omissions) insurance policy with a company that maintains a minimum rating
of “A” by A.M. Best’s Key Rating Guide, or other equivalent rating service(s),
authorized to transact business in the State of Texas, in an amount not less than
One Million and 00/100 Dollars ($1,000,000.00) for each claim, and Two Million
and 00/100 Dollars ($2,000,000.00) in the aggregate. Such policy shall require
the provision of written notice to Town at least thirty (30) days prior to
cancellation, non-renewal, or material modification of any policies, evidenced by
return receipt or United States Certified Mail. Consultant shall furnish Town with
certificates evidencing such coverage prior to commencing work on the Project.
5.3 Required Workers Compensation Insurance – Consistent with the terms and
provisions of Exhibit “E,” Town of Prosper Contractor Insurance Guidelines,
Consultant shall maintain, at no expense to Town, all Statutory Workers
Compensation Insurance as required by the laws of the State of Texas. Such
insurance policy shall be with a company that maintains a minimum rating of “A”
by A.M. Best’s Key Rating Guide, or other equivalent service(s), and authorized
to transact business in the State of Texas. Such policy shall require the provision
of written notice to Town at least thirty (30) days prior to cancellation, non-
renewal, or material modification of any policies, evidenced by return receipt or
United States Certified Mail. Consultant shall furnish Town with certificates
evidencing such coverage prior to commencing work on the Project.
5.4 Circumstances Requiring Umbrella Coverage or Excess Liability Coverage
– If Project size and scope warrant, and if identified on the checklist located in
Exhibit “E,” Town of Prosper Contractor Insurance Guidelines, Consultant shall
maintain, at no expense to the Town, an umbrella coverage or excess liability
coverage insurance policy with a company that maintains a minimum rating of “A”
by A.M. Best’s Key Rating Guide, or other equivalent rating service(s), authorized
to transact business in the State of Texas, in an amount of Two Million and
Town of Prosper, Texas – Engineering Design Services Agreement Page 11 of 34
00/100 Dollars ($2,000,000.00). Such policy shall require the provision of written
notice to the Town at least thirty (30) days prior to cancellation, non-renewal, or
material modification of any policies, evidenced by return receipt or United States
Certified Mail. Consultant shall furnish Town with certificates evidencing such
coverage prior to commencing work on the Project.
ARTICLE 6
CONSULTANT’S ACCOUNTING RECORDS
Records of Direct Expenses and expenses pertaining to services performed in
conjunction with the Project shall be kept on the basis of generally accepted accounting
principles. Invoices will be sent to the Town as indicated in Article 3.4. Copies of
employee time sheets, receipts for direct expense items and other records of Project
expenses will be included in the monthly invoices.
ARTICLE 7
AUDITS AND RECORDS / PROHIBITED INTEREST / VENDOR DISCLOSURE
The Consultant agrees that at any time during normal business hours and as often as
the Town may deem necessary, Consultant shall make available to representatives of
the Town for examination all of its records with respect to all matters covered by this
Agreement, and will permit such representatives of the Town to audit, examine, copy
and make excerpts or transcripts from such records, and to make audits of all contracts,
invoices, materials, payrolls, records of personnel, conditions of employment and other
data relating to all matters covered by this Agreement, and for a period of four (4) years
from the date of final settlement of this Agreement or for such other or longer period, if
any, as may be required by applicable statute or other lawful requirement.
The Consultant agrees that it is aware of the prohibited interest requirement of the Town
Charter, which is repeated on the Affidavit, attached hereto as Exhibit “F” and
incorporated herein for all purposes, and will abide by the same. Further, a lawful
representative of Consultant shall execute the Affidavit attached hereto as Exhibit “F.”
Consultant understands and agrees that the existence of a prohibited interest during the
term of this Agreement will render the Agreement voidable.
Consultant agrees that it is further aware of the vendor disclosure requirements set forth
in Chapter 176, Local Government Code, as amended, and will abide by the same. In
this connection, a lawful representative of Consultant shall execute the Conflict of
Interest Questionnaire, Form CIQ, attached hereto as Exhibit “G” and incorporated
herein for all purposes.
ARTICLE 8
TERMINATION OF AGREEMENT / REMEDIES
Town may, upon thirty (30) days written notice to Consultant, terminate this Agreement,
for any reason or no reason at all, before the termination date hereof, and without
Town of Prosper, Texas – Engineering Design Services Agreement Page 12 of 34
prejudice to any other remedy it may have. If Town terminates this Agreement due to a
default of and/or breach by Consultant and the expense of finishing the Project exceeds
the Consultant’s Fee at the time of termination, Consultant waives its right to any portion
of Consultant’s Fee as set forth in Article 3 herein and agrees to pay any costs over and
above the fee which the Town is required to pay in order to finish the Project. On any
default and/or breach by Consultant, Town may elect not to terminate the Agreement,
and in such event it may make good the deficiency in which the default consists, and
deduct the costs from the Consultant’s Fee due Consultant as set forth in Article 3
herein. If Town terminates this Agreement and Consultant is not in default of the
Agreement, Consultant shall be entitled to compensation for any and all work completed
to the satisfaction of the Town in accordance with the provisions of this Agreement prior
to termination.
In the event of any termination, Consultant shall deliver to Town all finished and/or
unfinished documents, data, studies, surveys, drawings, maps, models, reports,
photographs and/or any items prepared by Consultant in connection with this
Agreement prior to Consultant receiving final payment.
The rights and remedies provided by this Agreement are cumulative, and the use of any
one right or remedy by either party shall not preclude or waive its rights to use any or all
other remedies. These rights and remedies are given in addition to any other rights the
parties may have by law, statute, ordinance, or otherwise.
ARTICLE 9
DISPUTE RESOLUTION / MEDIATION
In addition to all remedies at law, the parties may resolve/mediate any controversy,
claim or dispute arising out of or relating to the interpretation or performance of this
Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually
acceptable mediator.
ARTICLE 10
INDEMNITY
CONSULTANT SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS TOWN
AND ITS TOWN COUNCIL MEMBERS, OFFICERS, AGENTS , REPRESENTATIVES AND
EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH),
CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS,
SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES AND
EXPENSES (INCLUDING ATTORNEY’S FEES AND EXPENSES INCURRED IN
ENFORCING THIS INDEMNITY), TO THE EXTENT CAUSED, IN WHOLE OR IN PART, BY
THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL WRONGFUL ACT
AND/OR OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, REPRESENTATIVES,
Town of Prosper, Texas – Engineering Design Services Agreement Page 13 of 34
EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD
PARTIES FROM WHOM CONSULTANT IS LEGALLY RESPONSBILE, IN ITS/THEIR
PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR
SERVICES PROVIDED BY CONSULTANT PURSUANT TO THIS AGREEMENT,
REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY
OF THE TOWN (HEREINAFTER “CLAIMS”). THIS INDEMNIFICATION PROVISION AND
THE USE OF THE TERM “CLAIMS” IS ALSO SPECIFICALLY INTENDED TO APPLY TO,
BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL,
BROUGHT AGAINST TOWN BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED
TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED
ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS,
DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN
AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF
ANY EMPLOYMENT RELATIONSHIP BETWEEN CONSULTANT AND ITS EMPLOYEES OR
SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR’S OR EMPLOYEE’S
EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH THE CONSULTANT,
INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON SEX,
SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL
ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR
REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY,
FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO
RELIEF UNDER THE WORKERS’ COMPENSATION ACT OR WOULD BE SUBJECT TO
RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY
OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. CONSULTANT IS
EXPRESSLY REQUIRED TO DEFEND TOWN AGAINST ALL SUCH CLAIMS; PROVIDED,
HOWEVER, IF A COURT OF COMPETENT JURISDICTION SIGNS A JUDGMENT THAT
BECOMES FINAL AND NON-APPEALABLE, DETERMINING THAT THE TOWN (WITHOUT
WAIVING ANY GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE
NEGLIGENCE FOR THE CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF
TEXAS (THE “JUDGMENT”), THEN CONSULTANT IS NOT REQUIRED TO INDEMNIFY
OR DEFEND THE TOWN TO THE EXTENT OF THE NEGLIGENCE APPORTIONED TO THE
TOWN FOR EACH CAUSE(S) OF ACTION IDENTIFIED IN THE JUDGMENT. IN THE
EVENT THE JUDGMENT PROVIDES THAT TOWN IS JOINTLY, CONCURRENTLY, OR
SOLELY NEGLIGENT FOR THE CLAIMS REFERRED TO THEREIN, TOWN AGREES TO
REIMBURSE CONSULTANT FOR ALL REASONABLE AND NECESSARY COSTS
INCURRED AND PAID BY CONSULTANT THAT ARE ATTRIBUTABLE TO TOWN’S
Town of Prosper, Texas – Engineering Design Services Agreement Page 14 of 34
PERCENTAGE OF JOINT, CONCURRENT, OR SOLE NEGLIGENCE, AS SET FORTH IN
THE JUDGMENT, INCLUDING REASONABLE AND NECESSARY ATTORNEY’S FEES
AND EXPENSES, TO CONSULTANT WITHIN SIXTY (60) DAYS OF THE DATE OF THE
JUDGMENT (THE “REIMBURSEMENT ALLOCATION”).
IN ITS SOLE DISCRETION, TOWN SHALL HAVE THE RIGHT TO APPROVE OR SELECT
DEFENSE COUNSEL TO BE RETAINED BY CONSULTANT IN FULFILLING ITS
OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY TOWN, UNLESS SUCH RIGHT
IS EXPRESSLY WAIVED BY TOWN IN WRITING. TOWN RESERVES THE RIGHT TO
PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, TOWN IS UNDER NO
OBLIGATION TO DO SO. ANY SUCH ACTION BY TOWN IS NOT TO BE CONSTRUED AS
A WAIVER OF CONSULTANT’S OBLIGATION TO DEFEND TOWN OR AS A WAIVER OF
CONSULTANT’S OBLIGATION TO INDEMNIFY TOWN PURSUANT TO THIS
AGREEMENT. CONSULTANT SHALL RETAIN TOWN-APPROVED DEFENSE COUNSEL
WITHIN SEVEN (7) BUSINESS DAYS OF TOWN’S WRITTEN NOTICE THAT TOWN IS
INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF
CONSULTANT FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, TOWN SHALL
HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND
CONSULTANT SHALL BE LIABLE FOR ALL COSTS INCURRED BY TOWN. THE RIGHTS
AND OBLIGATIONS CREATED BY THIS PARAGRAPH SHALL SURVIVE TERMINATION
OF THIS AGREEMENT.
ARTICLE 11
NOTICES
Consultant agrees that all notices or communications to Town permitted or required
under this Agreement shall be delivered to Town at the following addresses:
Harlan Jefferson
Town Manager
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Town agrees that all notices or communication to Consultant permitted or required
under this Agreement shall be delivered to Consultant at the following addresses:
Matt Dorsett, P.E.
Spiars Engineering, Inc.
765 Custer Road, Suite 100
Plano, Texas 75075
Town of Prosper, Texas – Engineering Design Services Agreement Page 15 of 34
Any notice provided in writing under the terms of this Agreement by either party to the
other shall be in writing and may be effected by registered or certified mail, return
receipt requested.
All notices or communication required to be given in writing by one party or the other
shall be considered as having been given to the addressee on the date such notice or
communication is postmarked by the sending party. Each party may change the
address to which notice may be sent to that party by giving notice of such change to the
other party in accordance with the provisions of this Agreement.
ARTICLE 12
MISCELLANEOUS
12.1 Complete Agreement – This Agreement, including the exhibits hereto labeled
“A” through “G,” all of which are incorporated herein for all purposes, constitute
the entire Agreement by and between the parties regarding the subject matter
hereof and supersedes all prior and/or contemporaneous written and/or oral
understandings. This Agreement may not be amended, supplemented, and/or
modified except by written agreement duly executed by both parties. The
following exhibits are attached below and made a part of this Agreement:
12.1.1 Exhibit “A,” Scope of Services.
12.1.2 Exhibit “B,” Compensation Schedule / Project Billing / Project Budget.
12.1.3 Exhibit “C,” Town of Prosper Guidelines for Computer Aided Design and
Drafting (CADD).
12.1.4 Exhibit “D,” Town of Prosper Guidelines for Direct Expenses; General
and Administrative Markup; Travel and Subsistence Expenses.
12.1.5 Exhibit “E,” Town of Prosper Contractor Insurance Guidelines.
12.1.7 Exhibit “F,” Affidavit.
12.1.8 Exhibit “G,” Conflict of Interest Questionnaire, Form CIQ.
12.2 Assignment and Subletting – The Consultant agrees that neither this
Agreement nor the work to be performed hereunder will be assigned or sublet
without the prior written consent of the Town. The Consultant further agrees that
the assignment or subletting of any portion or feature of the work or materials
required in the performance of this Agreement shall not relieve the Consultant of
its full obligations to the Town as provided by this Agreement. All such approved
Town of Prosper, Texas – Engineering Design Services Agreement Page 16 of 34
work performed by assignment or subletting shall be billed through Consultant,
and there shall be no third party billing.
12.3 Successors and Assigns – Town and Consultant, and their partners, assigns,
successors, subcontractors, executors, officers, agents, employees,
representatives, and administrators are hereby bound to the terms and
conditions of this Agreement.
12.4 Severability – In the event of a term, condition, or provision of this Agreement is
determined to be invalid, illegal, void, unenforceable, or unlawful by a court of
competent jurisdiction, then that term, condition, or provision, shall be deleted
and the remainder of the Agreement shall remain in full force and effect as if
such invalid, illegal, void, unenforceable or unlawful provision had never been
contained herein.
12.5 Venue – This entire Agreement is performable in Collin County, Texas and the
venue for any action related directly or indirectly, to this Agreement or in any
manner connected therewith shall be in Collin County, Texas, and this
Agreement shall be construed under the laws of the State of Texas.
12.6 Execution / Consideration – This Agreement is executed by the parties hereto
without coercion or duress for any substantial consideration, the sufficiency of
which is forever confessed.
12.7 Authority – The individuals executing this Agreement on behalf of the respective
parties below represent to each other that all appropriate and necessary action
has been taken to authorize the individual who is executing this Agreement to do
so for and on behalf of the party for which his or her signature appears, that there
are no other parties or entities required to execute this Agreement in order for the
same to be an authorized and binding agreement on the other 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.
12.8 Waiver – Waiver by either party of any breach of this Agreement, or the failure of
either party to enforce any of the provisions of this Agreement, at any time, shall
not in any way affect, limit, or waive such party’s right thereafter to enforce and
compel strict compliance.
12.9 Headings – The headings of the various sections of this Agreement are included
solely for convenience of reference and are not to be full or accurate descriptions
of the content thereof.
12.10 Multiple Counterparts – This Agreement may be executed in a number of
identical counterparts, each of which shall be deemed an original for all
purposes.
Town of Prosper, Texas – Engineering Design Services Agreement Page 17 of 34
12.11 Sovereign Immunity – The parties agree that the Town has not waived its
sovereign immunity by entering into and performing its obligations under this
Agreement.
12.12 Additional Representations – Each signatory represents this Agreement has
been read by the party for which this Agreement is executed and that such party
has had the opportunity to confer with its counsel.
12.13 Miscellaneous Drafting Provisions – This Agreement shall be deemed drafted
equally by all parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or
principle that the language herein is to be construed against any party shall not
apply.
12.14 No Third Party Beneficiaries - Nothing in this Agreement shall be construed to
create any right in any third party not a signatory to this Agreement, and the
parties do not intend to create any third party beneficiaries by entering into this
Agreement.
12.15 Indemnity – The parties agree that the Indemnity provision set forth in Article 10
herein is conspicuous and the parties have read and understood the same.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective on the latest day as reflected by the signatures below.
Effective Date: ________________________________
TOWN CONSULTANT
Town of Prosper, Texas Spiars Engineering, Inc.
By: _____________________________ By: ____________________________
Harlan Jefferson Matt Dorsett
Title: Town Manager Title: ___________________________
Town of Prosper, Texas – Engineering Design Services Agreement Page 18 of 34
STATE OF TEXAS:
COUNTY OF COLLIN:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED HARLAN
JEFFERSON, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME
THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION
EXPRESSED, AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _____ DAY OF
_____________________, 2013.
________________________________________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
My commission expires: ____________________________
STATE OF TEXAS:
COUNTY OF _______________:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED
_____________________________________, KNOWN TO ME TO BE THE PERSON
WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND
ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE
AND CONSIDERATION EXPRESSED, AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _____ DAY OF
______________________, 2013.
________________________________________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
My commission expires: ____________________________
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Engineering Design Services Agreement Page 19 of 34
Agreement by and between the Town of Prosper, Texas (Town)
and Spiars Engineering, Inc. (Consultant)
to perform Engineering and Surveying for the RaceTrac Offsite Water Line,
Approximately 6,000 LF of 16” Water Main
I. PROJECT DESCRIPTION.
Water line improvements for the RaceTrac Offsite Water Line along the north side of
U.S. Highway 380 from Gee Road to Fields Road (approximately 6,000 LF).
The scope of services includes a topographic survey of the project area, detailed
design of water lines and erosion control, the preparation of specifications and
construction documents, bid tabulations, and assistance during the bid and
construction phases.
The services exclude the following: flood studies, traffic studies, environmental
studies, U.S.A.C.E. studies and permits, sealed tree surveys, construction materials
testing, SWPPP and inspections, and construction staking.
II. TASK SUMMARY, BASIC SERVICES.
A. Task One, Topographic Survey – The Engineer shall direct the work of the field
party to perform the following:
Establish control using Town primary control and benchmarks. Control points will
be set and will define the X, Y and Z coordinates for the Project. The control
points shall be set outside the limits of construction (if possible) and shall be a
5/8” iron rod set with a plastic cap. The control points shall be tied to the Town
benchmarks via a differential level.
Obtain natural ground elevations and cross-sections every fifty feet (50’) along
the alignment and all grade breaks will be surveyed. Collect spot elevations as
required to facilitate the generation of one-foot (1’) contours.
Make a complete topographic survey of all existing features above ground level
that would or could affect proposed construction. These features shall include,
but are not limited to, above-ground utility appurtenances, manholes (including
invert elevations), structures, bridges, culverts, retaining walls, trees, curbs,
pavements, sidewalks, fences, property corners, block corners, points of
curvature (PC’s), points of tangents (PT’s), and points of intersections (PI’s).
Also, all buildings, trees, steps, and other topographical features which would be
of interest to the property owner in discussing the plans with the Town must be
shown accurately.
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Engineering Design Services Agreement Page 20 of 34
Locate underground utilities or structures that may be within the limits of the
Project. Such utilities include, but are not limited to wastewater, water, gas,
electric, storm sewer, telephone and television cable. Consultant will contact 1-
800-DIG-TESS or individual utility companies to mark existing underground
utilities in the field and shall show such utilities on the base map either based
upon field locations or available construction as-builts.
B. Task Two, Preliminary Design Plans
Preliminary Design Plans for the project shall be prepared to such detail as is
necessary to identify the scope of final design. Preliminary Design Plans are to
be prepared to a scale not smaller than 1”=100’ and must be approved by the
Town prior to the Engineer commencing with the preparation of Final Design
Plans.
Preliminary Design Plans shall include the following information:
1. Approximate horizontal alignment of existing and proposed facilities.
2. The location of existing above-ground features.
3. Horizontal locations for water lines, noting sizes and any major structures
required.
4. Existing easement and temporary construction easements.
C. Task Three, Final Design/Construction Plans
At such time as the Engineer is directed by the Town, the Engineer shall prepare
Final Design / Construction Plans. Final Design Plans shall be consistent with
the content and format of the Preliminary Design Plans and, in addition, shall
include the following:
1. Water line plans – Plan work to include detailed plan/profile drawings as
required by the Town for the water mains, services, fire hydrants, valves, etc.
2. Erosion Control – Prepare erosion control plans and details. This excludes
preparation of the Notice of Intent (N.O.I.) and Storm Water Pollution Prevention
Plan (S.W.P.P.P.) booklets or submittal to the EPA/TCEQ.
3. General Notes – Construction General Notes shall be compiled and inserted
in the plans after the Typical Sections.
4. Details and Standards – Appropriate details and standards shall be compiled
and inserted into the plans following the section in which the detail or standard is
applied.
5. Special Specifications, if applicable.
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Engineering Design Services Agreement Page 21 of 34
6. Utility Coordination - Upon completion of the Final Design / Construction
Plans, the Engineer shall distribute any changes from the Preliminary Design
Plans for the Project to all utility companies or other entities that have facilities
within the limits of the Project. The Engineer shall also attend any utility
coordination meetings for the Project, if requested by the Town.
D. Task Four, Bid Phase Services – The Engineer shall provide services to assist
the Town in selection of a Contractor for the construction of the Project. These
services shall consist of the following:
1. Preparation and Delivery of Bid Documents – The Engineer shall assist the
Town in the delivery of the Bid Documents to prospective bidders. The Engineer
shall maintain a list of prospective bidders receiving the Bid Documents. The
Engineer may sell sets of Bid Documents to contractors, suppliers,
subcontractors, etc. The purchase price paid should offset the reproduction and
distribution costs. In addition, the Engineer will send Construction Documents to
appropriate contractor plan rooms and three (3) sets to the Town.
2. Bid Period Requests for Information (RFI) – The Engineer shall develop and
implement procedures for receiving and answering bidders’ questions and
requests for additional information. The procedures shall include a log of all
significant bidders questions and requests and the response thereto. The
Engineer shall provide technical interpretation of the Bid Documents and shall
prepare proposed responses to all contractors’ questions and requests to be
approved by the Town. The responses may be in the form of addenda.
3. Addenda – The Engineer shall assist the Town in issuing Addenda to the Bid
Documents and shall distribute Addenda to the bidders. All Addenda shall be
approved by the Town.
4. Bid Opening – The Engineer shall assist the Town in opening of bids. The
Engineer shall review all bids and evaluate them for responsiveness and bid
amount and prepare bid tabulation for all responsive bidders. The bid tabulation
shall be delivered to the Town in Excel format. The Engineer will also verify
through reasonable investigation the financial and performance history
documentation submitted by the low bidder and second low bidder. The
Engineer shall prepare a report of its review and evaluation and include
recommendations for award of the contract for construction, or other action as
may be appropriate. The Town shall make the final decision on the award of the
contract for construction and the acceptance or rejection of all bids.
5. Recommendation of Contract Award – The Engineer shall assist the Town in
preparing the notice of award; assembly, delivery and execution of the contract
documents for construction; and preparation of the notice to proceed.
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Engineering Design Services Agreement Page 22 of 34
6. Conformed Document Preparation – The Engineer shall incorporate all
addenda into contract documents and issue conformed sets. Eight (8)
conformed sets of original contract documents will be distributed to the Town and
the successful contractor.
E. Task Five, Construction Administration – These services are intended to
assist the Town in administering the contract for construction, monitoring the
performance of the construction Contractor, verifying that the Contractor’s work
is in substantial compliance with the contract documents, and assisting the Town
in responding to the events that occur during construction. The Engineer shall
provide Construction Administration Services as defined below.
1. Pre-Construction Conference – The Engineer shall coordinate and attend the
preconstruction conference with the Contractor to review the Project
communication, coordination and other procedures and discuss the Contractor’s
general work plan and requirements for the Project. The Engineer will take
minutes or otherwise record the results of this conference. Meeting minutes from
the Conference will be returned to the Town within a seventy-two (72) hour
period after the conference is held.
2. Review of Shop Drawings, Samples and Submittals - The Engineer shall
coordinate with the Town for the reviews of the Contractor’s shop drawings,
samples and other submittals for conformance with the design concept and
general compliance with the requirements of the contract for construction. The
Engineer will log and track all shop drawings, samples and submittals.
3. Requests for Information – The Engineer will review the Contractor’s requests
for information or clarification of the contract for construction. The Engineer will
coordinate and issue responses to requests to the Town. The Engineer will log
and track the Contractor’s requests.
4. Review of Contractor’s Requested Changes – The Engineer shall review all
Contractor-requested changes to the contract for construction. The Engineer will
make recommendations to the Town regarding the acceptability of the
Contractor’s request and, upon approval of the Town, assist the Town in
negotiations of the requested change. Upon agreement and approval, the
Engineer shall prepare final change order documents.
F. Task Six, Completion of Record Documents – The Engineer shall prepare
construction Record Documents based on information received from the
Construction Contractor within thirty (30) days of substantial completion of
construction and provide to the Town the items (and quantities as stated)
identified in Paragraph IV(A)(8).
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Engineering Design Services Agreement Page 23 of 34
III. DELIVERABLES.
1. Required Deliverables – At the completion of Tasks Two (2) through Six (6),
Consultant shall ensure the delivery of the following products to the Town:
1. Deliverable #1, Preliminary Design – Consultant shall provide Town with
two full-size copies of the Preliminary Design Plans.
2. Deliverable #2, Final Design/Construction Plans – Consultant shall provide
Town with two full-size and two half-size copies of the Final
Design/Construction Plans.
3. Deliverable #3, Bid Phase Services – Consultant shall provide Town with
the Bid Documents, Addenda, Bid Opening Review and Evaluation,
Recommendation of Award, and the Conformed Contract Documents.
4. Deliverable #4, Completion of Record Drawings – Consultant to provide
the following to the Town within thirty (30) days of substantial completion of
construction: one (1) set of construction Record Documents on 24” x 36”
mylar; two (2) sets of construction Record Documents on 24” x 36”bond
paper; one (1) set of construction Record Documents in AutoCAD and PDF
format.
IV. PROJECT LABOR ALLOCATION.
Task Subtask Labor Hours
TASK 1 Survey Manager (R.P.L.S.)
2-Man Field Crew
Senior Survey Technician
8
24
12
TASK 2 Associate
Senior Design Technician
8
32
TASK 3 Associate
Senior Design Technician
60
80
TASK 4 Associate
Administrative Assistant
16
24
TASK 5 Associate 40
TASK 6 Associate
Senior Design Technician
8
12
GRAND TOTAL
324 Hours
V. ATTACHMENTS (IF APPLICABLE).
EXHIBIT “B”
COMPENSATION SCHEDULE / PROJECT BILLING / PROJECT BUDGET
Town of Prosper, Texas – Engineering Design Services Agreement Page 24 of 34
Agreement by and between the Town of Prosper (Town)
and Spiars Engineering, Inc. (Consultant)
to perform Engineering and Surveying for the RaceTrac Offsite Water Line,
Approximately 6,000 LF of 16” Water Main
I. COMPENSATION SCHEDULE / PROJECT BILLING SUMMARY.
MONTH, DATE, YEAR DOLLAR AMOUNT TASK COMPLETED
February 12, 2013 -- Town executes Agreement and
Issues Notice to Proceed to
Consultant.
February 12, 2013 -- Consultant’s receipt of fully
executed Agreement.
February 28, 2013 $6,000.00 Task One, Topographic
Survey (Task Completed and all
task-related deliverables
completed as stated in Exhibit
“A” and accepted by the Town).
March 17, 2013 $ 4,800.00 Task Two, Preliminary Design
Plans (Task Completed and all
task-related deliverables
completed as stated in Exhibit
“A” and accepted by the Town).
March 31, 2013 $ 17,600.00 Task Three, Final Design/
Construction Plans (Task
Completed and all task-related
deliverables completed as
stated in Exhibit “A” and
accepted by the Town).
April 15, 2013 $ 4,040.00 Task Four, Bid Phase
Services (Task Completed and
all task-related deliverables
completed as stated in Exhibit
“A” and accepted by the Town).
August 31, 2013
$ 5,600.00 Task Five, Construction
Administration (Task
Completed and all task-related
deliverables completed as
stated in Exhibit “A” and
accepted by the Town).
-- $ 2,500.00
Task Six, Record Documents.
TOTAL CONSULTANT’S
FEE (NOT-TO-EXCEED)
$ 40,540.00
EXHIBIT “B”
COMPENSATION SCHEDULE / PROJECT BILLING / PROJECT BUDGET
Town of Prosper, Texas – Engineering Design Services Agreement Page 25 of 34
II. PROJECT BUDGET SUMMARY.
A. Basic Services.
1. Description of Basic Services.
a. Preliminary Design. $ 4,800.00
b. Final Design. $ 17,600.00
c. Bid Phase Services. $ 4,040.00
d. Construction Administration $ 5,600.00
e. Completion of Record Documents. $ 2,500.00
g. Surveying Services. $ 6,000.00
2. Total Basic Services (Not-To-Exceed) $ 40,540.00
B. Direct Expenses.
1. Description of Direct Expenses.
a. Mileage Reimbursement. $ 1,000.00
b. Commercial Reproduction. $ 2,000.00
c. In-House Reproduction. $ 1,000.00
d. Commercial Plotting. $ 2,000.00
e. In-House Plotting. $ 1,000.00
f. Communications. $ 0,000.00
g. Postage, Mail, and Delivery Service. $ 1,000.00
2. Total Direct Expenses (Not-To-Exceed) $ 8,000.00
C. Project Budget, Grand Total (Not-To-Exceed) $ 48,540.00
EXHIBIT “C”
TOWN OF PROSPER
GUIDELINES FOR COMPUTER AIDED DESIGN AND DRAFTING (CADD)
Town of Prosper, Texas – Engineering Design Services Agreement Page 26 of 34
1. Files shall be submitted in DWG/DXF format.
2. Files shall be georeferenced in the State Plane, Texas North Central FIPS 4202
(feet) coordinate system, using a datum of NAD 83.
3. If a surface adjustment factor is applied to the data, any surface adjustment
factors used should be clearly documented on the drawing.
4. If submissions for the Project relate to a plat, the file submitted must match
exactly the plat that is submitted for recording.
5. The file shall contain required features for the project type as detailed below:
a. Pre-Construction/As-Built Plans and/or Record Documents:
i. Layers from Final Plat Requirements as Applicable to Project Type.
ii. Water Utility Features.
iii. Sanitary Sewer Features.
iv. Storm Sewer Features.
6. Each required feature group should be provided as a separate layer within the
file.
7. Layer names should be representative of the information contained in the layer.
8. Line work should be continuous (e.g. no dashed lines in required layers) and
complete (connecting lines should meet at corners) within the subdivision/project.
Layers outside of project/subdivision boundary may be dashed in CAD data as
required for Final Plats by Prosper’s Subdivision Ordinance.
EXHIBIT “D”
TOWN OF PROSPER GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
Town of Prosper, Texas – Engineering Design Services Agreement Page 27 of 34
I. CONSULTANT’S RESPONSIBILITY. The Consultant shall be solely responsible
for the auditing of all direct expenses, approved markup (general and/or
administrative), and approved travel and/or subsistence charges, including those of
its subcontractors, prior to submitting to the Town for reimbursement, and
Consultant shall be responsible for the accuracy thereof. Any over-payment by the
Town for errors in submittals for reimbursement may be deducted from the
Consultant’s subsequent payment(s) for services; however, this shall not be the
Town’s sole and exclusive remedy for said over-payment.
II. GUIDELINES FOR DIRECT EXPENSES.
A. Local Transportation – Transportation in connection with the Project, when
such transportation is not a function of routine performance of the duties of the
Consultant in connection with the Project, and when such transportation exceeds
beyond fifty (50) miles from the Project site, shall be reimbursed at a standard
mileage rate consistent with that as issued, and periodically revised, by the
United States Internal Revenue Service (IRS). Under no circumstances shall
Town reimburse Consultant at a higher standard mileage rate or pay additional
markup on charges for local transportation. Completion of Town’s Standard
Mileage Log is required for submittal of these charges for reimbursement,
including justification for each submitted expense.
Under no circumstances are charges associated with rental cars for local
transportation eligible for reimbursement by Town. Toll road subscriptions or toll
plaza receipts are not reimbursable. Consultant agrees to place these standards
in all subcontracts for work on the Project.
B. Supplies, Material, Equipment – Town shall reimburse the actual cost of other
similar direct Project-related expenses, which are duly presented in advance and
approved by Town’s Project Manager in writing.
C. Commercial Reproduction – Town shall reimburse the actual cost of
reproductions, specifically limited to progress prints prepared for presentation to
Town at each phase of progress, and final Construction Documents prepared for
distribution at bidding phase, provided that the Consultant has duly obtained at
least three (3) quotations from commercial firms and has chosen the best value
for the Town. Consultant shall provide such documentation to Town for review
prior to submitting these expenses for reimbursement. Consultant agrees to
place these standards in all subcontracts for work on the Project.
D. In-House Reproduction - Consultant shall make arrangements with the Town
for prior approval of in-house reproduction rates prior to submitting these
expenses for reimbursement. Town shall provide Consultant with a standard
format for documenting these charges. Completion of the Town’s reproduction
log is required as a prerequisite for payment, including the number or
EXHIBIT “D”
TOWN OF PROSPER GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
Town of Prosper, Texas – Engineering Design Services Agreement Page 28 of 34
reproductions, the date, time, description, the approved standard rate, and a
justification for each submitted expense for reimbursement. Consultant agrees to
place these standards in all subcontracts for work on the Project.
E. Commercial Plotting – Town shall reimburse the actual cost of plots, specifically
limited to final documents, provided the Consultant has duly obtained at least
three (3) quotations from commercial firms and has chosen the best value for the
Town. Consultant shall provide such documentation to Town for review prior to
submitting these expenses for reimbursement. Consultant agrees to place these
standards in all subcontracts for work on the Project.
F. In-House Plotting – Consultant shall make arrangements with Town for prior
written approval of in-house plotting rates prior to submitting these charges for
reimbursement. Town shall provide Consultant with a standard format for
documenting these charges. Completion of the Town’s reproduction log is
required as a prerequisite for payment, including the number of plots, the date,
time, description, the approved standard rate, and a justification for each
submitted charge for reimbursement.
G. Communications – Reimbursement for expenses relating to electronic
communications shall be limited to long-distance telephone or fax toll charges
specifically required in the discharge of professional responsibilities related to the
Project. Telephone service charges including office or cellular phones, WATTS,
or Metro line services or similar charges are not reimbursable.
H. Postage, Mail, and Delivery Service – Town shall reimburse the actual cost of
postage and delivery of Instruments of Service, provided the Consultant duly
considers all circumstances (including available time for assured delivery) of the
required delivery and selects the best value for the Town, which may require
comparison of delivery costs offered by three (3) or more sources or methods of
delivery, which at a minimum shall include U.S. Mail. Courier service is
acceptable only in circumstances requiring deadline-sensitive deliveries and not
for the convenience of the Consultant and/or the Consultant’s employees.
Consultant agrees to place these standards in all subcontracts for work on the
Project.
I. Meals and Other Related Charges – Meals or any other related expenses are
not reimbursable unless incurred outside a fifty (50) mile radius of the Project,
and then only reimbursable for the actual cost subject to compliance with the
Town’s currently adopted policy. Non-allowable costs include, but are not limited
to, charges for entertainment, alcoholic beverages, and gratuities.
EXHIBIT “D”
TOWN OF PROSPER GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
Town of Prosper, Texas – Engineering Design Services Agreement Page 29 of 34
III. GUIDELINES FOR GENERAL AND ADMINISTRATIVE MARKUP.
A. Requirement of Prior Approval – Consultant may be allowed to charge a
General and/or Administrative Markup on work completed if Consultant can
clearly define to Town specifically what costs are included in the markup
calculation. To apply General and/or Administrative Markup, Consultant must
also document to Town what costs would be considered direct costs. Town shall
issue approval in writing to allow Consultant to charge General and/or
Administrative Markup. Town reserves the right to reject any and all requests for
General and/or Administrative Markup.
IV. GUIDELINES FOR TRAVEL AND SUBSISTENCE EXPENSES.
A. Requirement of Prior Approval – Town shall reimburse the actual cost of travel
and/or subsistence expenses upon prior written approval by the Town’s Project
Manager.
B. Adherence to Currently Adopted Town Travel Policy – Reimbursements shall
be governed by the same travel policies provided for Town employees according
to current adopted policy. Prior to the event, Consultant shall request, and the
Town’s Project Manager shall provide the provisions and the restrictions that
apply to out-of-town reimbursements.
EXHIBIT “E”
TOWN OF PROSPER CONTRACTOR INSURANCE GUIDELINES
Town of Prosper, Texas – Engineering Design Services Agreement Page 30 of 34
I. REQUIREMENT OF GENERAL LIABILITY INSURANCE –
A. Such policy shall name the Town, its officers, agents, representatives, and
employees as additional insured as to all applicable coverage with the exception
of workers compensation insurance.
A. Such policy shall require the provision of written notice to Town at least thirty (30)
days prior to cancellation, non-renewal, or material modification of any policies,
evidenced by return receipt or United States Certified Mail.
B. Such policy shall provide for a waiver of subrogation against the Town for
injuries, including death, property damage, or any other loss to the extent the
same is covered by the proceeds of the insurance.
II. INSURANCE COMPANY QUALIFICATION – All insurance companies providing
the required insurance shall be authorized to transact business in the State of
Texas, and shall have a minimum rating of “A” by A.M. Best’s Key Rating Guide, or
other equivalent rating service(s).
III. CERTIFICATE OF INSURANCE – A Certificate of Insurance evidencing the
required insurance shall be submitted with the contractor’s bid or response to
proposal. If the contract is renewed or extended by the Town a Certificate of
Insurance shall also be provided to the Town prior to the date the contract is
renewed or extended.
EXHIBIT “E”
TOWN OF PROSPER CONTRACTOR INSURANCE GUIDELINES
Town of Prosper, Texas – Engineering Design Services Agreement Page 31 of 34
IV. INSURANCE CHECKLIST – “X” means that the following coverage is required for
this Agreement.
Coverage Required Limits
_X_ 1. Worker’s Compensation &
Employer’s Liability
Statutory Limits of the State of
Texas
_X_ 2. General Liability Minimum $1,000,000.00 each
occurrence;
Minimum $2,000,000.00 in the
aggregate.
___
3. XCU Coverage Minimum $1,000,000.00 each
occurrence;
Minimum $2,000,000.00 in the
aggregate.
_X_
4. Professional Liability Minimum $ 1,000,000.00 each
claim;
Minimum $ 2,000,000.00 in the
aggregate.
___
5. Umbrella Coverage or
Excess Liability Coverage
An amount of $ 2,000,000.00.
_X_ 6. Town named as additional insured on General Liability Policy. This
coverage is primary to all other coverage the Town may possess.
_X_
7. General Liability Insurance provides for a Waiver of Subrogation against
the Town for injuries, including death, property damage, or any other loss
to the extent that same is covered by the proceeds of the insurance.
_X_ 8. Thirty (30) days notice of cancellation, non-renewal, or material change
required. The words “endeavor to” and “but failure” (to end of sentence)
are to be eliminated from the Notice of Cancellation provision on standard
ACORD certificates.
_X_ 9. Insurance company has a minimum rating of “A” by A.M. Best’s Key
Rating Guide, or other equivalent rating service(s).
_X_ 10. The Certificate of Insurance must state the project title and bid number.
___ 11. Other Insurance Requirements (State Below):
EXHIBIT “F”
AFFIDAVIT
Town of Prosper, Texas – Engineering Design Services Agreement Page 32 of 34
THE STATE OF TEXAS §
§
THE COUNTY OF ______________ §
I, ___________________________, a member of the Consultant team, make this
affidavit and hereby on oath state the following:
I, and/or a person or persons related to me, have the following interest in a business
entity that would be affected by the work or decision on the Project (Check all that
apply):
_____ Ownership of 10% or more of the voting shares of the business entity.
_____ Ownership of Twenty Five Thousand and 00/100 Dollars ($25,000.00) or
more of the fair market value of the business entity.
_____ Funds received from the business entity exceed ten percent (10%) of my
income for the previous year.
_____ Real property is involved, and I have an equitable or legal ownership with
a fair market value of at least Twenty Five Thousand and 00/100 Dollars
($25,000.00).
_____ A relative of mine has substantial interest in the business entity or property
that would be affected by my business decision of the public body of which
I am a member.
_____ Other: _________________________________________________.
X None of the Above.
Upon filing this affidavit with the Town of Prosper, Texas, I further affirm that no relative
of mine, in the first degree by consanguinity or affinity, as defined in Chapter 573 of the
Texas Government Code, is a member of a public body which took action on the
agreement.
Signed this _____________________ day of _____________________, 2013.
_____________________________________
Signature of Official / Title
BEFORE ME, the undersigned authority, this day personally appeared
____________________________ and on oath stated that the facts hereinabove stated
are true to the best of his / her knowledge or belief.
Sworn to and subscribed before me on this _____ day of ________________________,
2013.
_____________________________________
Notary Public in and for the State of Texas
My commission expires: __________________
EXHIBIT “G”
CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ
Town of Prosper, Texas – Engineering Design Services Agreement Page 33 of 34
EXHIBIT “G”
CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ
Town of Prosper, Texas – Engineering Design Services Agreement Page 34 of 34
Mar
Apr
May
June
July
Aug
Sept
Total Total Current Year
For For Total For $ Amount % of Change
Month FY 10/11 FY 11/12 FY 12/13 Inc /(Dec)Inc /(Dec)
Oct 140,830.71$ 177,026.62$ 269,306.12$ 92,279.50$ 52.13%
Nov 136,978.12$ 201,976.56$ 286,062.45$ 84,085.89$ 41.63%
Dec 84,146.11$ 165,774.20$ 288,997.85$ 123,223.65$ 74.33%
Jan 97,406.90$ 155,203.84$ (155,203.84)$ -100.00%
Feb 103,633.59$ 203,740.54$ (203,740.54)$ -100.00%
Mar 101,689.23$ 155,720.70$ (155,720.70)$ -100.00%
Apr 121,492.27$ 186,528.60$ (186,528.60)$ -100.00%
May 179,239.32$ 214,205.04$ (214,205.04)$ -100.00%
June 148,520.18$ 214,736.32$ (214,736.32)$ -100.00%
July 162,826.52$ 225,997.95$ (225,997.95)$ -100.00%
Aug 204,553.78$ 251,431.59$ (251,431.59)$ -100.00%
Sept 172,035.03$ 255,183.98$ (255,183.98)$ -100.00%
YTD Totals 1,653,351.76$ 2,407,525.94$ 844,366.42$ (1,563,159.52)$ -147.55%
THREE YEAR (3) COMPARISON
TOTAL COLLECTIONS-SALES TAX
TOWN & EDC
TOWN OF PROSPER, TEXAS
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
To: Mayor and Town Council
From: Chris Copple, AICP, Planning Director
Cc: Harlan Jefferson, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – February 12, 2013
Date: February 4, 2013
Agenda Item:
A public hearing to consider and act upon an amendment to Chapter 2, Section 25 (Specific Use
Permits); Chapter 3, Section 1 (Use of Land and Buildings) and Section 2 (Definitions); and
Chapter 4, Section 4 (Parking Requirements), of the Town’s Zoning Ordinance relating to, among
other things, certain definitions, uses and regulations pertaining to alcoholic beverages. (Z12-
0009).
History:
At the January 22, 2013 Town Council meeting, the Town Council continued the public hearing to
the February 12, 2013 meeting by a vote of 7-0.
Description of Agenda Item:
The Town Attorney has drafted an amendment to the Town’s Zoning Ordinance, updating the
Town’s land use charts and regulations pertaining to alcoholic beverages. The Town Attorney will
be in attendance at the February 12, 2013 Town Council meeting to address any questions.
Budget Impact:
There are no significant budget implications associated with the approval of this amendment to the
Zoning Ordinance.
Legal Obligations and Review:
The Town Attorney drafted the attached ordinance. Town staff has notified the public hearing as
required by state law.
Attached Documents:
1. An ordinance amending Chapter 2, Section 25 (Specific Use Permits); Chapter 3, Section 1
(Use of Land and Buildings) and Section 2 (Definitions); and Chapter 4, Section 4 (Parking
Requirements), of the Town’s Zoning Ordinance relating to, among other things, certain
definitions, uses and regulations pertaining to alcoholic beverages.
Planning & Zoning Commission Recommendation:
At their December 18, 2012 meeting, the Planning & Zoning Commission recommended the Town
Council approve an amendment to Chapter 2, Section 25 (Specific Use Permits); Chapter 3,
Prosper is a place where everyone matters.
PLANNING
Section 1 (Use of Land and Buildings) and Section 2 (Definitions); and Chapter 4, Section 4
(Parking Requirements), of the Town’s Zoning Ordinance relating to, among other things, certain
definitions, uses and regulations pertaining to alcoholic beverages, by a vote of 5-0.
Town Staff Recommendation:
Town staff recommends the Town Council review the attached ordinance. The Town Attorney will
be in attendance at the February 12, 2013 Town Council meeting to provide further clarification if
necessary.
Ordinance – Prosper Alcohol Regulations Page 1
619375.3
TOWN OF PROSPER, TEXAS ORDINANCE NO. 13-01
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING SECTION 2 (DEFINITIONS) OF
CHAPTER 3 (PERMITTED USES AND DEFINITIONS); AMENDING
SUBSECTION 1.4 (CONDITIONAL DEVELOPMENT STANDARDS) OF
SECTION 1 (USE OF LAND AND BUILDINGS) OF CHAPTER 3
(PERMITTED USES AND DEFINITIONS); DELETING SUBSECTION
25.4 (SPECIFIC USE PERMIT FOR PRIVATE CLUB) OF SECTION 25
(SPECIFIC USE PERMITS) OF CHAPTER 2 (ZONING DISTRICTS);
AMENDING PARAGRAPH 16 (BEER & WINE PACKAGE SALES) AND
PARAGRAPH 26 (RESTAURANT OR CAFETERIA) OF SUBSECTION
1.4 (CONDITIONAL DEVELOPMENT STANDARDS) OF SECTION 1
(USE OF LAND AND BUILDINGS) OF CHAPTER 3 (PERMITTED USES
AND DEFINITIONS); AMENDING SECTION 1.3(G) (SERVICE USES)
OF SECTION 1 (USE OF LAND AND BUILDINGS) OF CHAPTER 3
(PERMITTED USES AND DEFINITIONS); AMENDING SECTION 1.3(F)
(RETAIL USES) OF SECTION 1 (USE OF LAND AND BUILDINGS) OF
CHAPTER 3 (PERMITTED USES AND DEFINITIONS); AMENDING
SECTION 4.5 (PARKING REQUIREMENTS BASED ON USE) OF
SECTION 4 (PARKING AND LOADING) OF CHAPTER 4
(DEVELOPMENT REQUIREMENTS) OF THE TOWN OF PROSPER’S
ZONING ORDINANCE NO. 05-20 RELATING TO, AMONG OTHER
THINGS, CERTAIN DEFINITIONS, USES AND REGULATIONS
PERTAINING TO ALCOHOLIC BEVERAGES; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”) has
investigated and determined that it is in the best interest of the citizens of the Town of Prosper,
Texas (“Prosper”) to amend Section 2 (Definitions) of Chapter 3 (Permitted Uses and
Definitions); amend Subsection 1.4 (Conditional Development Standards) of Section 1 (Use of
Land and Buildings) of Chapter 3 (Permitted Uses and Definitions); delete Subsection 25.4
(Specific Use Permit for Private Club) of Section 25 (Specific Use Permits) of Chapter 2 (Zoning
Districts); amend Paragraph 16 (Beer & Wine Package Sales) and Paragraph 26 (Restaurant or
Cafeteria) of Subsection 1.4 (Conditional Development Standards) of Section 1 (Use of Land and
Buildings) of Chapter 3 (Permitted Uses and Definitions); amend Section 1.3(G) (Service Uses)
of Section 1 (Use of Land and Buildings) of Chapter 3 (Permitted Uses and Definitions); amend
Section 1.3(F) (Retail Uses) of Section 1 (Use of Land and Buildings) of Chapter 3 (Permitted
Ordinance – Prosper Alcohol Regulations Page 2
619375.3
Uses and Definitions); amend Section 4.5 (Parking Requirements Based on Use) of Section 4
(Parking and Loading) of Chapter 4 (Development Requirements) of the Town of Prosper’s
Zoning Ordinance No. 05-20 (“Prosper Zoning Ordinance”) relating to, among other things,
certain definitions, uses and regulations pertaining to alcoholic beverages, 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. Amending Section 2 (Definitions) of Chapter 3 (Permitted Uses and
Definitions) of Prosper’s Zoning Ordinance. Section 2 (Definitions) of Chapter 3 (Permitted
Uses and Definitions) of Prosper’s Zoning Ordinance is hereby amended to delete the definition
of Beer & Wine Package Sales, amend the definition of Private Club and add definitions for
Alcoholic Beverage Establishment and Alcoholic Beverage Sales as follows:
“Section 2
Definitions
…
Alcoholic Beverage Establishment – Any establishment that derives seventy-five
percent (75%) or more of its gross revenues on a quarterly basis from the sale or service
of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, as amended,
for on-premise consumption.
…
Alcoholic Beverage Sales - Any establishment, place of business, or person engaged in
the selling of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, as
amended, to the general public for off-premise personal or household consumption.
…
Beer & Wine Package Sales – An establishment engaged in the selling of beer and/or
wine to the general public for off-site personal or household consumption and rendering
services incidental to the sale of such goods.
…
Ordinance – Prosper Alcohol Regulations Page 3
619375.3
Private Club – an establishment holding a Private Club permit under Chapter 32 or 33
of the Texas Alcoholic Beverage Code, as amended, that derives thirty-five percent
(35%) or more of its gross revenue from the sale or service of alcoholic beverages for on-
premise consumption and that is located within a dry area as defined in Title 6 (Local
Option Elections) of the Texas Alcoholic Beverage Code, as amended. Private Club does
not include a fraternal or veteran’s organization, as defined in the Texas Alcoholic
Beverage Code, as amended, holding a Private Club permit under Chapter 32 or 33 of the
Texas Alcoholic Beverage Code. A Private Club does not include the holder of a food
and beverage certificate, as defined in the Texas Alcoholic Beverage Code, as amended.
Unless the person owning or operating the use supplies the building official with records
to prove otherwise, an establishment holding a Private Club permit under Chapter 32 or
33 of the Texas Alcoholic Beverage Code, as amended, is presumed to derive thirty-five
percent (35%) or more of its gross revenue from the sale or service of alcoholic
beverages for on-premise consumption.”
SECTION 3. Amending Subsection 1.4 (Conditional Development Standards) of
Section 1 (Use of Land and Buildings) of Chapter 3 (Permitted Uses and Definitions) of
Prosper’s Zoning Ordinance. Subsection 1.4 (Conditional Development Standards) of Section
1 (Use of Land and Buildings) of Chapter 3 (Permitted Uses and Definitions) of Prosper’s
Zoning Ordinance is hereby amended to add Paragraph 29 (Private Club) and Paragraph 30
(Alcoholic Beverage Establishment) to read as follows:
“1.4 CONDITIONAL DEVELOPMENT STANDARDS:
…
29. Private Club
a) Private Clubs shall be subject to compliance with the Texas
Alcoholic Beverage Code, as amended, and any applicable local
option elections.
b) A Private Club is permitted only by specific use permit in R, C and
CC zoning districts. A Private Club is also permitted by specific
Ordinance – Prosper Alcohol Regulations Page 4
619375.3
use permit as an accessory use in any zoning district only when in
conjunction with the operation of a golf course.
c) A Private Club shall not be located within:
1. Eight hundred (800) feet from a church, public hospital,
public school, private school, and/or residential zoning
district. For this purpose, residential zoning districts shall
include, but are not limited to, properties that are zoned
Neighborhood Service and residential Planned
Development Districts;
2. One Thousand (1000) feet from a public school if the Town
Council receives a request for this additional spacing
requirement from the school district, and the Town Council
adopts such additional spacing requirements by resolution;
or
3. One Thousand (1000) feet from a private school if the
Town Council receives a request for this additional spacing
requirement from the board of the private school, and the
Town Council adopts the additional spacing requirements
by resolution.
d) Measurement for the distance between a Private Club and the uses
listed above or the nearest residential zoning district shall be in a
straight line from the nearest property line of the lot where the
Private Club is located, without regard to intervening structures or
objects, to the nearest property line of the lot where the church,
public hospital, public school, and/or private school is located.
30. Alcoholic Beverage Establishment
a) Alcoholic Beverage Establishments shall be subject to compliance
with the Texas Alcoholic Beverage Code, as amended, and any
applicable local option elections.
Ordinance – Prosper Alcohol Regulations Page 5
619375.3
b) An Alcoholic Beverage Establishment is permitted only by specific
use permit in R, C and CC zoning districts.
c) An Alcoholic Beverage Establishment shall not be located within:
1. Eight Hundred (800) feet from a church, public hospital,
public school, private school, and/or residential zoning
district. For this purpose, residential zoning districts shall
include, but is not limited to, properties that are zoned
Neighborhood Service and residential Planned
Development Districts;
2. One Thousand (1000) feet from a public school if the Town
Council receives a request for this additional spacing
requirement from the school district, and the Town Council
adopts such additional spacing requirements by resolution;
or
3. One Thousand (1000) feet from a private school if the
Town Council receives a request for this additional spacing
requirement from the board of the private school, and the
Town Council adopts the additional spacing requirements
by resolution.
d) Measurement for the distance between an Alcoholic Beverage
Establishment and the uses listed above or the nearest residential
zoning district shall be in a straight line from the nearest property
line of the lot where the Alcoholic Beverage Establishment is
located, without regard to intervening structures or objects, to the
nearest property line of the lot where the church, public hospital,
public school, and/or private school is located. ”
SECTION 4. Deleting Subsection 25.4 (Specific Use Permit for Private Club) of
Section 25 (Specific Use Permits) of Chapter 2 (Zoning Districts) of Prosper’s Zoning
Ordinance. Subsection 25.4 (Specific Use Permit for Private Club) of Section 25 (Specific Use
Permits) of Chapter 2 (Zoning Districts) of Prosper’s Zoning Ordinance is hereby deleted in its
entirety.
Ordinance – Prosper Alcohol Regulations Page 6
619375.3
SECTION 5. Amending Paragraph 16 (Beer & Wine Package Sales) and
Paragraph 26 (Restaurant or Cafeteria) of Subsection 1.4 (Conditional Development
Standards) of Section 1 (Use of Land and Buildings) of Chapter 3 (Permitted Uses and
Definitions) of Prosper’s Zoning Ordinance. Paragraph 16 (Beer & Wine Package Sales) and
Paragraph 26 (Restaurant or Cafeteria) of Subsection 1.4 (Conditional Development Standards)
of Section 1 (Use of Land and Buildings) of Chapter 3 (Permitted Uses and Definitions) of
Prosper’s Zoning Ordinance, is hereby amended and replaced as follows:
“1.4 CONDITIONAL DEVELOPMENT STANDARDS:
…
16. Alcoholic Beverage Sales:
Alcoholic Beverage Sales, as defined by the Prosper Zoning Ordinance, as
amended, shall mean any establishment, place of business or person
engaged in the selling of alcoholic beverages, as defined in the Texas
Alcoholic Beverage Code, as amended, to the general public for off-
premise personal or household consumption.
a) Alcoholic Beverage Sales shall be subject to compliance with the
Texas Alcoholic Beverage Code, as amended, and any applicable
local option elections.
b) Alcoholic Beverage Sales are permitted only in the NS, DTR, R,
DTC, C, CC and I zoning districts.
c) Beer sales are not permitted in residential zoning districts.
d) Alcoholic Beverage Sales shall not be located within the
following:
1. Three hundred (300) feet from a church, public school,
and/or private school. However, Alcoholic Beverage Sales
may be located within three hundred (300) feet of a private
school if minors are prohibited from entering the place of
business, as required by Section 109.53 of the Texas
Alcoholic Beverage Code, as amended;
Ordinance – Prosper Alcohol Regulations Page 7
619375.3
2. One thousand (1,000) feet from a private school if the
Town Council receives a request for this additional spacing
requirement from the board of the private school, and the
Town Council adopts the additional spacing requirements
by resolution. But, the Town Council may not adopt this
additional spacing requirement if minors are prohibited
from entering the place of business engaged in Alcoholic
Beverage Sales, pursuant to Section 109.53 of the Texas
Alcoholic Beverage Code, as amended.
e) Measurement of the distance between the place of business
engaged in Alcoholic Beverage Sales and the church or public
hospital shall be along the property line of the street fronts, from
front door to front door, and in a direct line across intersections.
Measurement for the distance between the place of business
engaged in Alcoholic Beverage Sales and a public or private
school shall be:
1. In a direct line from the property line of the public or
private school to the property line of the place of business,
and in a direct line across intersections; or
2. If Alcoholic Beverage Sales are located on or above the
fifth (5th) story of a multistory building, in a direct line
from the property line of the public or private school to the
property line of the place of business, in a direct line across
intersections, and vertically up the building at the property
line to the base floor on which Alcoholic Beverage Sales
are located.
f) In accordance with Texas Alcoholic Beverage Code, Section
109.33, in this Paragraph 16, “private school” means a private
school, including a parochial school, that:
1. Offers a course of instruction for students in one or more
grades from kindergarten through grade twelve; or
Ordinance – Prosper Alcohol Regulations Page 8
619375.3
2. Has more than one hundred (100) students enrolled and
attending courses at a single location.
g) If at any time an original alcoholic beverage permit or license is
granted by the Texas Alcoholic Beverage Commission to an
establishment, place of business, or person and the establishment,
place of business or person satisfies the requirements regarding the
distance requirements in this Paragraph 16, then the same shall be
deemed to satisfy the distance requirements for all subject
renewals of the license or permit. This shall not be the case if the
Texas Alcoholic Beverage Commission revokes the license or
permit.
…
26. Restaurant or Cafeteria:
a) A Restaurant or Cafeteria is permitted by specific use permit in the
NS zoning district and is permitted by right in the O, DTO, DTR,
R, DTC, C, and CC zoning districts subject.
b) Restaurants with drive-through are only permitted in the R, C, and
CC zoning districts.
c) Restaurants or Cafeterias that sell alcohol shall be subject to
compliance with the Texas Alcoholic Beverage Code, as amended,
and any applicable local option elections.
d) A Restaurant or Cafeteria that sells alcohol shall not be located
within the following:
1. Three hundred (300) feet from a church, public hospital,
and/or public school; or
2. One thousand (1000) feet from a public school if the Town
Council receives a request for this additional spacing
requirement from the school district, and the Town Council
adopts such additional spacing requirements by resolution.
Ordinance – Prosper Alcohol Regulations Page 9
619375.3
e) Measurement for the distance between a Restaurant or Cafeteria
where alcohol beverages are sold and a church or public hospital
shall be along the property lines of the street fronts, from front
door to front door, and in a direct line across intersections.
f) Measurement for the distance between a Restaurant or Cafeteria
where alcoholic beverages are sold and a public school shall be:
1. In a direct line from the property line of the public school
to the property line of the place of business, and in a direct
line across intersections; or
2. If the restaurant that sells alcohol is located on or above the
fifth story of a multistory building, in a direct line from the
property line of the public school to the property line of the
place of business, in a direct line across intersections, and
vertically up the building at the property line to the base of
the floor on which the Restaurant or Cafeteria is located.
g) If a Restaurant or Cafeteria receives seventy-five percent (75%) or
more of its gross revenue on a quarterly basis from the sale or
service of alcoholic beverages for on-premise consumption, the use
will no longer qualify as a Restaurant or Cafeteria and will be
classified and regulated by the Town as an Alcoholic Beverage
Establishment under the Prosper Zoning Ordinance.”
SECTION 6. Amending Section 1.3(G) (Service Uses) of Section 1 (Use of Land
and Buildings) of Chapter 3 (Permitted Uses and Definitions) of Prosper’s Zoning
Ordinance. Section 1.3(G) (Service Uses) of Section 1(Use of Land and Buildings) of Chapter 3
(Permitted Uses and Definitions) of Prosper’s Zoning Ordinance is hereby amended as follows:
“…
SECTION 1.3(G) Residential Districts Non-Residential Districts
Ordinance – Prosper Alcohol Regulations Page 10
619375.3
SERVICE USES A - Agricultural SF – Single Family (E – 10) DTSF – Downtown SF TH - Townhome 2F – Two Family MF – Multifamily MH – Mobile Home O – Office DTO – Downtown Office NS – Neighborhood Service DTR – Downtown Retail R – Retail DTC – Downtown Commercial C – Commercial CC – Commercial Corridor I – Industrial
Alcoholic Beverage Establishment 30 30 30
…
Private Club 29 29 29 …
Restaurant or Cafeteria 26 26 26 26 26 26 26 26
…”
SECTION 7. Amending Section 1.3(F) (Retail Uses) of Section 1 (Use of Land and
Buildings) of Chapter 3 (Permitted Uses and Definitions) of Prosper’s Zoning Ordinance.
Section 1.3(F) (Retail Uses) of Section 1 (Use of land and Buildings) of Chapter 3 (Permitted
Uses and Definitions) of Prosper’s Zoning Ordinance is amended to delete Beer & Wine Package
Sales and add Alcoholic Beverage Sales as follows:
“…
SECTION 1.3(F) RETAIL USES
Residential Districts Non-Residential Districts A - Agricultural SF – Single Family (E – 10) DTSF – Downtown SF TH - Townhome 2F – Two Family MF – Multifamily MH – Mobile Home O – Office DTO – Downtown Office NS – Neighborhood Service DTR – Downtown Retail R – Retail DTC – Downtown Commercial C – Commercial CC – Commercial Corridor I – Industrial
Alcoholic Beverage Sales 16 16 16 16 16 16 16
…”
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SECTION 8: Amending Section 4.5 (Parking Requirements Based on Use) of
Section 4 (Parking and Loading) of Chapter 4 (Development Requirements) of Prosper’s
Zoning Ordinance. Section 4.5 (Parking Requirements Based on Use) of Section 4 (Parking
and Loading) of Chapter 4 (Development Requirements) of Prosper’s Zoning Ordinance is
hereby amended as follows:
“4.5 PARKING REQUIREMENTS BASED ON USE
…
• Retail Store, Except as Otherwise Specified Herein: One (1) space per two
hundred and fifty (250) square feet of gross floor area.”
SECTION 9: Penalty Provision. Any person, firm, corporation or entity violating this
Ordinance or any provision of Prosper’s Zoning Ordinance No. 05-20, as it exists or may be
amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
sum not exceeding Two Thousand and 00/100 Dollars ($2,000.00). Each continuing day's
violation under this Ordinance shall constitute a separate offense. The penal provisions imposed
under this Ordinance shall not preclude 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 10: 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 repeal prevent a prosecution from being commenced for any
violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinance shall remain in full force and effect.
SECTION 11: 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
Ordinance – Prosper Alcohol Regulations Page 12
619375.3
more sections, subsections, sentences, clauses and phrases be declared unconstitutional or
invalid.
SECTION 12. Effective Date. This Ordinance shall become effective from and after
its adoption and publication as required by law the Town Charter and by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, on this _____ day of _________________________, 2012.
___________________________________
Ray Smith, Mayor
ATTESTED TO AND APPROVED AS TO FORM:
CORRECTLY RECORDED BY:
_________________________________ ___________________________________
Amy Piukana, Town Secretary Abernathy Roeder Boyd & Joplin P.C.
Rebecca H. Brewer, Town Attorneys
Date(s) of Publication: _______________________________________________, Prosper Press
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Harlan Jefferson, Town Manager
Chris Copple, AICP, Planning Director
Re: Town Council Meeting – February 12, 2013
Date: February 4, 2013
Agenda Item:
Consider and act upon adopting Resolution No. 13-11, authorizing the Town Manager to
execute the Agreement for the Reduction of the Extraterritorial Jurisdiction of the Town of
Prosper, Texas, by and between the Town of Prosper, Texas and Comanche Ridge 52
Partners, Ltd., and take any and all other actions necessary to effectuate the same, said
property consisting of 9.257± acres of land, generally located west of FM 1385 and north of
Fishtrap Road.
Description of Agenda Item:
Comanche Ridge 52 Partners, Ltd., owns approximately 52 acres of land west of FM 1385 and
north of Fishtrap Road. Approximately 9.257± acres of the property is located within the Town’s
Exterritorial Jurisdiction (ETJ) and Comanche Ridge 52 Partners, Ltd., has requested that the
Town of Prosper enter into an agreement to remove that portion of the property from its ETJ.
The agreement attached clarifies the terms of the reduction and contains the following
requirements that the Town has included in previous reduction agreements west of FM 1385
and north of Fishtrap Road:
• Development Building Restrictions
• Transaction Fee
• Common Area and Open Space Dedication Requirement
Budget Impact:
In accordance with the agreement, Comanche Ridge 52 Partners, Ltd., will pay a transaction
fee, in the amount of $10,182.70 ($1,100/acre), for the reduction of the 9.257± acres of land
from the Town’s ETJ.
Legal Obligations and Review:
The agreement and resolution were both prepared by the Town Attorney. Comanche Ridge 52
Partners, Ltd., will contribute $7,500 towards the legal preparation fees.
DEVELOPMENT
SERVICES
Prosper is a place where everyone matters.
Page 2 of 2
Attached Documents:
The following documentation is being provided for review:
1. Agreement for the Reduction of the Extraterritorial Jurisdiction
2. Resolution authorizing the Town Manager to execute the agreement
Town Staff Recommendation:
Town staff recommends that the Town Council: 1) approve an Agreement for the Reduction of
the Extraterritorial Jurisdiction of the Town of Prosper, Texas, by and between the Town of
Prosper, Texas and Comanche Ridge 52 Partners, Ltd., and take any and all other actions
necessary to effectuate the same, said property consisting of 9.257± acres of land, generally
located west of FM 1385 and north of Fishtrap Road and 2) adopt Resolution No. 13-11
authorizing the Town Manager to execute the same.
RESOLUTION – AGREEMENT FOR REDUCTION OF ETJ (COMANCHE-52) PAGE 1 OF 18
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TOWN OF PROSPER, TEXAS RESOLUTION NO. 13-11
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AUTHORIZING THE TOWN MANAGER OF THE TOWN OF
PROSPER, TEXAS TO EXECUTE THE AGREEMENT FOR THE REDUCTION
OF THE EXTRATERRITORIAL JURISDICTION OF THE TOWN OF PROSPER,
TEXAS, BY AND BETWEEN THE TOWN OF PROSPER, TEXAS AND
COMANCHE RIDGE 52 PARTNERS, LTD., AND T AKE ANY AND ALL OTHER
ACTIONS NECESSARY TO EFFECTUATE THE SAME; AND PROVIDING
FOR AN EFFECTIVE DATE HEREOF.
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 (“Town”) is hereby
authorized to execute the Agreement for the Reduction of the Extraterritorial Jurisdiction of the
Town of Prosper, Texas, by and between the Town of Prosper, Texas and Comanche Ridge 52
Partners, Ltd. (“Agreement”) and take any and all other actions necessary to effectuate the
same. The Agreement is attached hereto as Exhibit “A” and incorporated herein for all
purposes.
SECTION 2. This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE CITY OF
PROSPER, TEXAS on this 12th day of February, 2013.
____________________________
RAY SMITH, Mayor
ATTEST TO:
_________________________
Amy Piukana, Town Secretary
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Exhibit “A”
Agreement for the Reduction of ETJ (Comanche-52)
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Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Harlan Jefferson, Town Manager
Chris Copple, AICP, Planning Director
Re: Town Council Meeting – February 12, 2013
Date: February 4, 2013
Agenda Item:
Consider and act upon adopting Resolution No. 13-12, authorizing the Town Manager to
execute the Agreement for the Reduction of the Extraterritorial Jurisdiction of the Town of
Prosper, Texas, by and between the Town of Prosper, Texas and Comanche Land Partners,
Ltd., and take any and all other actions necessary to effectuate the same, said property
consisting of 100.582± acres of land, generally located west of FM 1385 and north of Fishtrap
Road.
Description of Agenda Item:
Comanche Land Partners, Ltd., owns approximately 248 acres of land west of FM 1385 and
north of Fishtrap Road. Approximately 100.582± acres of the property is located within the
Town’s Exterritorial Jurisdiction (ETJ) and Comanche Land Partners, Ltd., has requested that
the Town of Prosper enter into an agreement to remove that portion of the property from its ETJ.
The agreement attached clarifies the terms of the reduction and contains the following
requirements that the Town has included in previous reduction agreements west of FM 1385
and north of Fishtrap Road:
• Development Building Restrictions
• Transaction Fee
• Common Area and Open Space Dedication Requirement
Budget Impact:
In accordance with the agreement, Comanche Land Partners, Ltd., will pay a transaction fee, in
the amount of $110,640.20 ($1,100/acre), for the reduction of the 100.582± acres of land from
the Town’s ETJ.
Legal Obligations and Review:
The agreement and resolution were both prepared by the Town Attorney. Comanche Land
Partners, Ltd., will contribute $7,500 towards the legal preparation fees.
DEVELOPMENT
SERVICES
Prosper is a place where everyone matters.
Page 2 of 2
Attached Documents:
The following documentation is being provided for review:
1. Agreement for the Reduction of the Extraterritorial Jurisdiction
2. Resolution authorizing the Town Manager to execute the agreement
Town Staff Recommendation:
Town staff recommends that the Town Council: 1) approve an Agreement for the Reduction of
the Extraterritorial Jurisdiction of the Town of Prosper, Texas, by and between the Town of
Prosper, Texas and Comanche Land Partners, Ltd., and take any and all other actions
necessary to effectuate the same, said property consisting of 100.582± acres of land, generally
located west of FM 1385 and north of Fishtrap Road and 2) adopt Resolution No. 13-12
authorizing the Town Manager to execute the same.
RESOLUTION – AGREEMENT FOR REDUCTION OF ETJ (COMANCHE-248) PAGE 1 OF 21
#622319
TOWN OF PROSPER, TEXAS RESOLUTION NO. 13-12
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AUTHORIZING THE TOWN MANAGER OF THE TOWN OF
PROSPER, TEXAS TO EXECUTE THE AGREEMENT FOR THE REDUCTION
OF THE EXTRATERRITORIAL JURISDICTION OF THE TOWN OF PROSPER,
TEXAS, BY AND BETWEEN THE TOWN OF PROSPER, TEXAS AND
COMANCHE LAND PARTNERS, LTD., AND T AKE ANY AND ALL OTHER
ACTIONS NECESSARY TO EFFECTUATE THE SAME; AND PROVIDING
FOR AN EFFECTIVE DATE HEREOF.
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 (“Town”) is hereby
authorized to execute the Agreement for the Reduction of the Extraterritorial Jurisdiction of the
Town of Prosper, Texas, by and between the Town of Prosper, Texas and Comanche Land
Partners, Ltd. (“Agreement”) and take any and all other actions necessary to effectuate the
same. The Agreement is attached hereto as Exhibit “A” and incorporated herein for all
purposes.
SECTION 2. This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE CITY OF
PROSPER, TEXAS on this 12th day of February, 2013.
____________________________
RAY SMITH, Mayor
ATTEST TO:
_________________________
Amy Piukana, Town Secretary
RESOLUTION – AGREEMENT FOR REDUCTION OF ETJ (COMANCHE-248) PAGE 2 OF 21
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Exhibit “A”
Agreement for the Reduction of ETJ (Comanche-248)
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Page 1 of 1
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Harlan Jefferson, Town Manager
Chris Copple, AICP, Planning Director
Re: Town Council Meeting – February 12, 2013
Date: February 4, 2013
Agenda Item:
Consider and act upon adopting Resolution No. 13-13, authorizing the reduction of the Town of
Prosper’s Extraterritorial Jurisdiction, by removing 9.257± acres of land, generally located west
of FM 1385 and north of Fishtrap Road, and authorizing the Mayor to execute the same.
Description of Agenda Item:
To effectuate the agreement with Comanche Ridge 52 Partners, Ltd., to reduce the Town of
Prosper’s Extraterritorial Jurisdiction (ETJ), by removing 9.257± acres of land, generally located
west of FM 1385 and north of Fishtrap Road, the Town of Prosper must adopt a resolution
authorizing the reduction. The attached resolution gives the Town the legal authority to reduce
its ETJ in accordance with Section 42.023 of the Texas Local Government Code.
Budget Impact:
None
Legal Obligations and Review:
The resolution was prepared by the Town Attorney.
Attached Documents:
The following documentation is being provided for review:
1. Resolution authorizing the reduction of the Town of Prosper’s Extraterritorial
Jurisdication.
Town Staff Recommendation:
Town staff recommends that the Town Council adopt Resolution No. 13-13, authorizing the
reduction of the Town of Prosper’s Extraterritorial Jurisdiction, by removing 9.257± acres of
land, generally located west of FM 1385 and north of Fishtrap Road, and authorizing the Mayor
to execute the same.
DEVELOPMENT
SERVICES
Prosper is a place where everyone matters.
PROSPER RESOLUTION REDUCING ETJ (9.257ACRES) PAGE 1 OF 8
622215.1
TOWN OF PROSPER, TEXAS RESOLUTION NO. 13-13
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AUTHORIZING THE REDUCTION OF ITS EXTRATERRITORIAL
JURISDICTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper, Texas (“Prosper”) is a home-rule municipality
established and operating under the laws of the State of Texas, and the current corporate
municipal boundaries and extraterritorial jurisdiction (“ETJ”) of Prosper are shown on Exhibit “A”,
attached hereto and incorporated herein for all purposes; and
WHEREAS, Prosper and Comanche Ridge 52 Partners, Ltd. (“Landowner”), property
owner of an approximately 52.613 acre, more or less, tract of land (“Landowner’s Parcel”) a
portion of which is located in Prosper’s ETJ, as more particularly depicted on and described in
Exhibits “B” and “C”, respectively, attached hereto and incorporated herein for all purposes,
reached an Agreement for the Reduction of the Extraterritorial Jurisdiction of Town of Prosper,
Texas (“Agreement”); and
WHEREAS, the Agreement, previously approved and signed by the Landowner, was
approved by the Town Council of the Town of Prosper, Texas (“Town Council”) on February 12,
2013; and
WHEREAS, Section 42.023, Texas Local Government Code, as amended, provides
Prosper with the legal authority to, upon written consent by resolution, reduce its ETJ; and
WHEREAS, the Town Council finds that it is in the best interest of the citizens of Prosper
that Prosper reduce its ETJ by removing 9.257 acres, more or less of the Landowner’s Parcel
from its ETJ (“ETJ Parcel”), as more particularly depicted on and described in Exhibits “B” and
“C”, respectively, attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1. Findings Incorporated. The findings set forth above are incorporated into
the body of this Resolution as if fully set forth herein.
SECTION 2. Reduction of ETJ. The Town Council hereby consents, by the passage of
this Resolution, in compliance with Section 42.023, Texas Local Government Code, as
amended, to the reduction of its ETJ by removing the ETJ Parcel from its ETJ, such reduction of
its ETJ being generally depicted, for demonstrative purposes only, on Exhibit “D”, attached
hereto and incorporated herein for all purposes.
PROSPER RESOLUTION REDUCING ETJ (9.257ACRES) PAGE 2 OF 8
622215.1
SECTION 3. Effective Date. This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 12th day of February, 2013.
RAY SMITH, Mayor
ATTEST:
Amy Piukana, City Secretary
PROSPER RESOLUTION REDUCING ETJ (9.257ACRES) PAGE 3 OF 8
622215.1
EXHIBIT “A”
Prior Corporate Municipal Boundaries and ETJ Map of Prosper, Texas
PROSPER RESOLUTION REDUCING ETJ (9.257ACRES) PAGE 4 OF 8
622215.1
EXHIBIT “B”
Depictions of Landowner Parcel/ETJ Parcel
PROSPER RESOLUTION REDUCING ETJ (9.257ACRES) PAGE 5 OF 8
622215.1
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EXHIBIT “C”
Metes and Bounds Description of Landowner Parcel/ETJ Parcel
PROSPER RESOLUTION REDUCING ETJ (9.257ACRES) PAGE 7 OF 8
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EXHIBIT “D”
General Depiction of Revised Corporate Municipal Boundaries
and ETJ Map of Prosper, Texas
Page 1 of 1
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Harlan Jefferson, Town Manager
Chris Copple, AICP, Planning Director
Re: Town Council Meeting – February 12, 2013
Date: February 4, 2013
Agenda Item:
Consider and act upon adopting Resolution No. 13-14, authorizing the reduction of the Town of
Prosper’s Extraterritorial Jurisdiction, by removing 100.582± acres of land, generally located
west of FM 1385 and north of Fishtrap Road, and authorizing the Mayor to execute the same.
Description of Agenda Item:
To effectuate the agreement with Comanche Land Partners, Ltd., to reduce the Town of
Prosper’s Extraterritorial Jurisdiction (ETJ), by removing 100.582± acres of land, generally
located west of FM 1385 and north of Fishtrap Road, the Town of Prosper must adopt a
resolution authorizing the reduction. The attached resolution gives the Town the legal authority
to reduce its ETJ in accordance with Section 42.023 of the Texas Local Government Code.
Budget Impact:
None
Legal Obligations and Review:
The resolution was prepared by the Town Attorney.
Attached Documents:
The following documentation is being provided for review:
1. Resolution authorizing the reduction of the Town of Prosper’s Extraterritorial
Jurisdication.
Town Staff Recommendation:
Town staff recommends that the Town Council adopt Resolution No. 13-14, authorizing the
reduction of the Town of Prosper’s Extraterritorial Jurisdiction, by removing 100.582± acres of
land, generally located west of FM 1385 and north of Fishtrap Road, and authorizing the Mayor
to execute the same.
DEVELOPMENT
SERVICES
Prosper is a place where everyone matters.
PROSPER RESOLUTION REDUCING ETJ (100.582 ACRES) PAGE 1 OF 10
622173.1
TOWN OF PROSPER, TEXAS RESOLUTION NO. 13-14
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AUTHORIZING THE REDUCTION OF ITS EXTRATERRITORIAL
JURISDICTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper, Texas (“Prosper”) is a home-rule municipality
established and operating under the laws of the State of Texas, and the current corporate
municipal boundaries and extraterritorial jurisdiction (“ETJ”) of Prosper are shown on Exhibit “A”,
attached hereto and incorporated herein for all purposes; and
WHEREAS, Prosper and Comanche Land Partners, Ltd (“Landowner”), property owner
of an approximately 248.61 acre, more or less, tract of land (“Landowner’s Parcel”) a portion of
which is located in Prosper’s ETJ, as more particularly depicted on and described in Exhibits “B”
and “C”, respectively, attached hereto and incorporated herein for all purposes, reached an
Agreement for the Reduction of the Extraterritorial Jurisdiction of Town of Prosper, Texas
(“Agreement”); and
WHEREAS, the Agreement, previously approved and signed by the Landowner, was
approved by the Town Council of the Town of Prosper, Texas (“Town Council”) on February 12,
2013; and
WHEREAS, Section 42.023, Texas Local Government Code, as amended, provides
Prosper with the legal authority to, upon written consent by resolution, reduce its ETJ; and
WHEREAS, the Town Council finds that it is in the best interest of the citizens of Prosper
that Prosper reduce its ETJ by removing 100.582 acres, more or less, of the Landowner’s
Parcel from its ETJ (“ETJ Parcel”), as more particularly depicted on and described in Exhibits
“B” and “C”, respectively, attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1. Findings Incorporated. The findings set forth above are incorporated into
the body of this Resolution as if fully set forth herein.
SECTION 2. Reduction of ETJ. The Town Council hereby consents, by the passage of
this Resolution, in compliance with Section 42.023, Texas Local Government Code, as
amended, to the reduction of its ETJ by removing the ETJ Parcel from its ETJ, such reduction of
its ETJ being generally depicted, for demonstrative purposes only, on Exhibit “D”, attached
hereto and incorporated herein for all purposes.
PROSPER RESOLUTION REDUCING ETJ (100.582 ACRES) PAGE 2 OF 10
622173.1
SECTION 3. Effective Date. This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 12th day of February, 2013.
RAY SMITH, Mayor
ATTEST:
Amy Piukana, City Secretary
PROSPER RESOLUTION REDUCING ETJ (100.582 ACRES) PAGE 3 OF 10
622173.1
EXHIBIT “A”
Prior Corporate Municipal Boundaries and ETJ Map of Prosper, Texas
PROSPER RESOLUTION REDUCING ETJ (100.582 ACRES) PAGE 4 OF 10
622173.1
EXHIBIT “B”
Depictions of Landowner Parcel/ETJ Parcel
PROSPER RESOLUTION REDUCING ETJ (100.582 ACRES) PAGE 5 OF 10
622173.1
PROSPER RESOLUTION REDUCING ETJ (100.582 ACRES) PAGE 6 OF 10
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EXHIBIT “C”
Metes and Bounds Description of Landowner Parcel/ETJ Parcel
PROSPER RESOLUTION REDUCING ETJ (100.582 ACRES) PAGE 7 OF 10
622173.1
PROSPER RESOLUTION REDUCING ETJ (100.582 ACRES) PAGE 8 OF 10
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EXHIBIT “D”
General Depiction of Revised Corporate Municipal Boundaries
and ETJ Map of Prosper, Texas
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Harlan Jefferson, Town Manager
Chris Copple, AICP, Planning Director
Re: Town Council Meeting – February 12, 2013
Date: February 4, 2013
Agenda Item:
Consider and act upon adopting Resolution No. 13-10, authorizing the reduction of the Town of
Prosper’s Extraterritorial Jurisdiction, as a result of the Agreement for the Reduction of the
Extraterritorial Jurisdiction of the Town of Prosper, Texas, by and among the Town of Prosper,
Texas, Denton County Fresh Water Supply District No. 10, 166 Bryan Road Partners, LP and
Bryan Road Retail Partners, LP, by removing 166.48± acres of land, generally located west of
FM 1385 and southeast of Bryan Road, and authorizing the Mayor to execute the same.
Description of Agenda Item:
On December 13, 2011, the Town of Prosper approved the execution of an agreement for the
reduction of the Exterritorial Jurisdiction (ETJ) and to take any and all steps for the reduction of
the three tracts through the Strategic Partnership Agreement between the Town of Prosper and
Denton County Fresh Water Supply District No. 10.
To effectuate the agreement between the Town of Prosper, Denton County Fresh Water Supply
District No. 10, 166 Bryan Road Partners, LP and Bryan Road Retail Partners, LP, by removing
166.48± acres of land, generally located west of FM 1385 and southeast of Bryan Road, the
Town of Prosper must adopt a resolution authorizing the reduction. The attached resolution
gives the Town the legal authority to reduce its ETJ in accordance with Section 42.023 of the
Texas Local Government Code.
Budget Impact:
None
Legal Obligations and Review:
The resolution was prepared by the Town Attorney.
Attached Documents:
The following documentation is being provided for review:
1. Resolution authorizing the reduction of the Town of Prosper’s Extraterritorial
Jurisdication.
DEVELOPMENT
SERVICES
Prosper is a place where everyone matters.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council adopt Resolution No. 13-10, authorizing the
reduction of the Town of Prosper’s Extraterritorial Jurisdiction, as a result of the Agreement for
the Reduction of the Extraterritorial Jurisdiction of the Town of Prosper, Texas, by and among
the Town of Prosper, Texas, Denton County Fresh Water Supply District No. 10, 166 Bryan
Road Partners, LP and Bryan Road Retail Partners, LP, by removing 166.48± acres of land,
generally located west of FM 1385 and southeast of Bryan Road, and authorizing the Mayor to
execute the same.
PROSPER RESOLUTION REDUCING ETJ (166.48 ACRES) PAGE 1 OF 4
622207.1
TOWN OF PROSPER, TEXAS RESOLUTION NO. 13-10
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AUTHORIZING THE REDUCING OF ITS EXTRATERRITORIAL
JURISDICTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper, Texas (“Prosper”) is a home rule municipality
established and operating under the laws of the State of Texas, and the current corporate
municipal boundaries and extraterritorial jurisdiction (“ETJ”) for Prosper are shown on Exhibit
“A”, attached hereto and incorporated herein for all purposes; and
WHEREAS, Prosper, Denton County Fresh Water Supply District No. 10 (“District”), 166
Bryan Road Partners, L.P. (“Developer”) and Bryan Road Retail Partners, L.P. (“Landowner”)
reached an Agreement for the Reduction of the Extraterritorial Jurisdiction of Town of Prosper,
Texas (“Agreement”); and
WHEREAS, Landowner is the owner of an approximately 166.48 acre, more or less,
tract of land (“ETJ Parcel”) which is located in Prosper’s ETJ, as more particularly depicted on
and described in Exhibits “A” and “B”, respectively, attached hereto and incorporated herein for
all purposes; and
WHEREAS, the Agreement, previously approved and signed by the Landowner, District,
and Developer was approved by the Town Council of the Town of Prosper, Texas (“Town
Council”) on December 13, 2011; and
WHEREAS, Section 42.023, Texas Local Government Code, as amended, provides
Prosper with the legal authority to, upon written consent by resolution, reduce its ETJ; and
WHEREAS, the Town Council finds that it is in the best interest of the citizens of Prosper
that Prosper reduce its ETJ by removing the ETJ Parcel form its ETJ.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1. Findings Incorporated. The findings set forth above are incorporated into
the body of this Resolution as if fully set forth herein.
SECTION 2. Reduction of ETJ. The Town Council hereby consents, by the passage of
this Resolution, in compliance with Section 42.023, Texas Local Government Code, as
amended, to the reduction of its ETJ by removing the ETJ Parcel from its ETJ.
PROSPER RESOLUTION REDUCING ETJ (166.48 ACRES) PAGE 2 OF 4
622207.1
SECTION 3. Effective Date. This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on the 12th day of February, 2013.
RAY SMITH, Mayor
ATTEST:
Amy Piukana, Town Secretary
PROSPER RESOLUTION REDUCING ETJ (166.48 ACRES) PAGE 3 OF 4
622207.1
EXHIBIT “A”
Prior Corporate Municipal Boundaries and ETJ Map of Prosper, Texas/Depiction
of ETJ Parcel
PROSPER RESOLUTION REDUCING ETJ (166.48 ACRES) PAGE 4 OF 4
622207.1
EXHIBIT “B”
Metes and Bounds Description of ETJ Parcel
BEING all that certain tract or parcel of land lying and being situated in the William Lumpkin
survey, Abstract No. 730, Denton County, Texas, being all of a (called) 166.4807 acre tract
deeded by G. H. Kelsoe to Gene P. McCutchin on the 29th day of September, 1989, recorded in
Volume 2710, Page 922, Deed Records of Denton County, Texas, and being more particularly
described as follows:
BEGINNING at a found 1/2 inch iron rod in the intersection of Bryan Road and Eureka Lane, at
the Southwest corner of said McCutchin Tract, which is the Northwest corner of Tract 2 (called)
56.483 acres, deeded to Eureka Lane, Ltd., recorded in County Clerk's File Number 97-
R0041445 Real Property Records of Denton County, Texas and being on the East line a tract
described in a Deed to Mildred Hodges, recorded in Volume L, Page 587, District Court
Minutes, Denton County, Texas;
THENCE North 00 degrees 03 minutes 59 seconds East with the West line of said McCutchin
Tract and the East line of said Mildred Hodges Tract, in Bryan Road, and passing the Northeast
corner of said Hodges Tract, which is the Southeast corner of a tract deeded to Roddy J. Layman,
recorded in Volume 2261, Page 53, Real Property Records, continuing and passing the Northeast
corner of said Layman Tract, which is the Southeast corner of a tract deeded to Thomas
Downtain, Trustee, recorded in Volume 1964, Page 63, Real Property Records, and continuing a
total distance of 3l6l.90 feet to a found l/2 inch rod at a point of intersection in a turn of Bryan
Road, at the Northwest corner of said McCutchin Tract and being in the South line of a tract
deeded to W. C. Orr, Jr., recorded in Volume 291, Page 597, Deed Records of Denton County,
Texas.
THENCE South 90 degrees 00 minutes 00 seconds East with the North line of said McCutchin
Tract in Bryan Road, and passing the Southeast corner of said Orr Tract which is a Southwest
corner of a tract deeded to C. M. Jackson, recorded in Volume 546, Page 12, Deed Records of
Denton County, Texas, and continuing a total distance of 2291.69 feet to an iron pin at the
Northwest corner of a (called) 166.9 acre tract described in a Deed to Marsh Family Partnership,
recorded in Volume 2633, Page 184, Real Property Records of Denton County, Texas;
THENCE South 00 degrees 00 minutes 00 seconds West, with the East line of said McCutchin
Tract and the West line of said Marsh Family Partnership Tract, along and near a fence, a
distance of 3161.90 feet to a 1/2 inch iron rod set in Eureka Lane at the Southeast corner of said
McCutchin Tract and the Southwest corner of said Marsh Family Partnership Tract, and being on
the North line of said Eureka Lane Ltd. Tract 2;
THENCE North 90 degrees 00 minutes 00 seconds West with the South 1ine of said McCutchin
Tract and the North line of said Eureka Lane, Ltd. Tract, in Eureka Lane, a distance of 2295.36
feet to the Point of Beginning and containing in all 166.48 acres of land, more or less.
Page 1 of 1
To: Mayor and Town Council
From: Amy Piukana, Town Secretary
CC: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 12, 2013
Date: January 25, 2013
Agenda Item:
Consider and act upon Resolution No. 13-06, ordering the General Election to be held jointly
with the Prosper Independent School District to be administered by the Denton County Elections
Administration on May 11, 2013.
Description of Agenda Item:
The Town Charter and Texas Election Code 3.005 (c)(2) provides that a city must order its
election no later than the 71st day prior to the election. This order of election meets that
requirement. The uniform election date is set for May 11, 2013. The purpose of this election
order is to elect a Mayor and two (2) members of the Prosper Town Council, Place 1 and Place
4, to fill expiring terms.
In summary, the proposed resolution orders the election, allows appointment of the election
judge, and designates polling places and filing deadlines, as prescribed by law.
Attached Documents:
Resolution No. 13-06
Town Staff Recommendation:
Town staff recommends the Town Council approve Resolution No. 13-06, ordering the
General Election to be held jointly with the Prosper Independent School District to be
administered by the Denton County Elections Administration on May 11, 2013.
Prosper is a place where everyone matters.
ADMINISTRATION
TOWN OF PROSPER, TEXAS RESOLUTION NO. 13-06
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, COLLIN AND DENTON COUNTIES, TEXAS, ORDERING
THE GENERAL ELECTION TO BE HELD JOINTLY WITH THE
PROSPER INDEPENDENT SCHOOL DISTRICT AND ADMINSTERED
BY THE DENTON COUNTY ELECTIONS ADMINISTRATOR ON MAY
11, 2013, FOR THE PURPOSE OF ELECTING A MAYOR AND TWO (2)
MEMBERS OF THE PROSPER TOWN COUNCIL (PLACE 1 AND
PLACE 4) TO FILL EXPIRING TERMS; DESIGNATING POLLING
PLACES; DESIGNATING LOCATIONS OF POLLING PLACES;
DESIGNATING FILING DEADLINES; ORDERING NOTICES OF
ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN
CONNECTION WITH SUCH ELECTION; APPOINTING ELECTION
JUDGE; AND PROVIDING FOR AN EFFECTIVE DATE.
UNA RESOLUCION DEL CONCILIO DEL PUEBLO DE PROSPER,
CONDADOS DE COLLIN Y DENTON, TEXAS, ORDENANDO UNA
ELECCION GENERAL QUE SE CONDUZCA JUNTAMENTE CON EL
DISTRITO ESCOLAR INDEPENDIENTE DE PROSPER Y
ADMINISTRADA POR EL ADMINISTRADOR DE ELECCIONES DEL
CONDADO DE DENTON EL 11 DE MAYO 2013 CON EL PROPOSITO DE
ELEGIR EL ALCALDE Y DOS (2) MIEMBROS DEL CONCILIO (LUGAR 1
Y LUGAR 4) PARA LLENAR LOS TERMINOS DE PLAZO; DESIGNANDO
LUGARES DE VOTACION; DESIGNANDO FECHAS DE APLICACIÓN;
ORDENANDO QUE NOTICIAS DE ELECCION SEAN DIVULGADAS
COMO PROMULGADO POR LEY EN CONEXION CON TALES
ELECCIONES; APUNTANDO JUEZ ELECTORAL; Y PROVEYENDO
FECHA DE EFECTIVO.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS THAT:
AHORA, POR LO TANTO, SEA RESUELTO POR EL CONCOLIO DEL PUEBLO DE
PROSPER, TEXAS QUE:
Section 1. A General Election is hereby ordered for the Town of Prosper, Texas (“Prosper”) to
be held jointly with the Prosper Independent School District on Saturday, May 11, 2013, for the purpose
of electing Mayor and two (2) Town Council members to fill the expiring terms of the Prosper Town
Council Place 1 and Place 4 (“General Election”), said General Election shall be administered by the
Denton County Elections Administrator.
Sección 1. Una Elección General es ordenada para el Pueblo de Prosper, Texas (“Prosper”)
conducida juntamente con el Distrito Escolar Independiente de Prosper el sábado 11 de mayo 2013 con
el propósito de elegir el Alcalde y dos (2) miembros del Concilio del Pueblo para llenar los términos de
plazo del Lugar 1 y Lugar 4 del Concilio del Pueblo de Prosper (“Elección General”), dicha Elección
General será administrada por el Administrador de Elecciones del Condado de Denton.
Section 2. No person’s name shall be placed upon the ballot as a candidate for Council Member
unless such person has filed his or her sworn application as provided by Section 141.03 of the Texas
Election Code, with the Town Secretary of the Town at Prosper EDC, located at 170 N. Preston Road,
Prosper, Texas 75078, not later than 5:00 p.m. on the 1st day of March, 2013. The Town Secretary shall
note on the face of each such application the date of such filing. Such application shall include the office
the candidate is seeking.
Sección 2. Ningún nombre de cualquier persona será agregado a la balota como candidato para
miembro del Concilio hasta que dicha persona someta su aplicación verificada como promulgado por
Sección 141.03 del Código Electoral de Texas con la Secretaria del Pueblo de Prosper al Prosper EDC,
localizado en 107 N. Preston Road, Prosper, Texas 75078, no más tarde que las 17 horas el 1 de marzo
2013. La Secretaria del Pueblo de Prosper anotara en la página principal de cada aplicación la fecha
cuando fue sometida. Tal aplicación incluirá el puesto que el candidato/a busca.
Section 3. Qualified voters of the following election precincts shall cast ballots for the General
Election at the heretofore established and designated polling place within Prosper as follows:
Seccion 3. Votantes calificados en los siguientes precintos electorales votaran en la Elección
General en los lugares de votación establecidos y designados entre Prosper a lo siguiente:
Town Precincts Polling Place
13, 29 and 178 Community Library
(Collin County) Reynolds Middle School
700 N. Coleman Road
Prosper, Texas 75078
101 (Denton County) Community Library
Reynolds Middle School
700 N. Coleman Road
Prosper, Texas 75078
General Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the General
Election, Saturday, May 11, 2013.
Lugares de votación en le Elección General se dejaran abiertos desde las 7 hasta las 19 horas en
la fecha de la Elección General, sábado 11 de mayo 2013.
Section 4. Early voting by personal appearance shall be available at the Denton County Elections Office,
701 Kimberly Drive, Denton, Texas 76208 and the Town of Prosper Municipal Chambers, 108 W.
Broadway, Prosper, Texas 75078, from 8:00 a.m. to 5:00 p.m., Monday through Saturday, beginning on
Monday, April 29, 2013 and continuing through Saturday, May 4, 2013, during regular business hours
which is from 8:00 a.m. to 5:00 p.m., for early voting which is not a Sunday or any official State holiday,
with extended voting hours being held on Monday, May 6, 2013, from 7:00 a.m. to 7:00 p.m., and
Tuesday, May 7, 2013, from 7:00 a.m. to 7:00 p.m. Applications for a ballot by mail shall be requested
from and mailed to the Denton County Elections Administration Office, Attn: Elections Administrator,
701 Kimberly Drive, Denton, Texas 76208. Applications for a ballot by mail must be received no later
than the close of business on May 3, 2013.
Town and School District voters may vote at any of the additional Early Voting locations open under full
contract services with the Denton County Elections Administrator, which may be designated after March
1, 2013. This previous sentence shall also be posted in the Notice of Election.
Sección 4. Votación por adelantado por apariencia personal será disponible en la Oficina
Electoral del Condado de Denton, 701 Kimberly Drive, Denton, Texas 76208 y en la Cámara Municipal
del Pueblo de Prosper 108 W. Broadway, Prosper, Texas 75078 desde las 8 hasta las 17 horas lunes a
sábado empezando lunes 29 de abril 2013 y continuando hasta sábado 4 de mayo 2013 durante horas
regulares de negocio que son desde las 8 hasta las 17 horas para votación por adelantado que no será
domingo o cualquier otro día de cierro estatal, con horas extendidas de votación disponible el lunes 6 de
mayo 2013 desde las 7 hasta las 19 horas y martes 7 de mayo 2013 desde las 7 hasta las 19 horas.
Aplicaciones para balotas por correo serán solicitadas de y regresadas a Denton County Elections
Administration Office, Attn.: Elections Administrator, 701 Kimberly Drive, Denton, Texas 76208.
Aplicaciones para balota por correo deben recibirse antes del cierro de negocio el 3 de mayo 2013.
Votantes del Pueblo y del Distrito Escolar podrán votar en cualquier locación de votación por
adelantado abiertas bajo contrato de servicios completo con el Administrador de Elecciones del Condado
de Denton, cuales serán designados después de 1 de marzo 2013. Esta frase previa será agregada a la
Noticia de Elección.
Section 5. Candidates must file for a specific place and adhere to the filing deadlines
accordingly. Candidate Packets are available in the Town Secretary’s Office. The candidate filing
deadlines for the General Election for Mayor and Town Council Place 1 and Place 4 are as follows:
Sección 5. Candidatos tendrán que declarar para un lugar específico y mantener fieldad a las
fechas de plazo. Paquetes de Candidato están disponibles en la oficina de la Secretaria del Pueblo. Las
fechas de plazo para la Elección General para el Alcalde y miembros del Concilio en Lugar 1 y Lugar 4
son los siguientes:
General Election Filing for the Position of Mayor, Place 1 and Place 4
January 30, 2013 beginning at 8:00 a.m. through March 1, 2013 ending at 5:00 p.m.
Candidates must file in the Town Secretary’s Office located at 170 N. Preston Road, Ste 50,
Prosper, Texas.
Declaración para la Elección General para la Posición de Alcalde, Lugar 1 y Lugar 4
30 de enero 2013 empezando a las 8 hasta 1 de marzo 2013 terminando a las 17 horas.
Candidatos tendrán que declarar con la Oficina de la Secretaria del Pueblo localizada en 170 N.
Preston Rd., Ste 50, Prosper, Texas.
Section 6. Direct Record Electronic (DRE) voting machines shall be used in this General
Election for early voting by personal appearance and General Election Day voting. Optical-scan ballots
shall be used for early voting by mail.
Sección 6. Máquinas de votación tipo Direct Record Electronic (DRE) serán utilizadas en esta
Elección General para votación por adelantado por apariencia personal y votación del Dia de la
Elección General. Balotas de Optical-scan serán utilizadas para votación por correo.
Section 7. 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 General Election. The General Election, including providing notice of the
General 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 General
Election.
Sección 7. La Secretaria del Pueblo es autorizada y dirigida a publicar y/o anunciar, en el
tiempo y manera promulgada por la ley, toda noticia requerida que sea publicada y/o anunciada en
conexión con la conducta de esta Elección General. La Elección General, incluyendo dando noticia de la
Elección General, será conducida en acuerdo con el Código de Elección de Texas y otras leyes
aplicables, y toda residente calificada y votantes registrados del Pueblo serán elegibles para votar en la
Elección General.
Section 8. The Election Officer shall arrange for the appointment, notifications, training and
compensation of all Election Judges and Alternate Judges in accordance with law. The presiding Judge
shall appoint not less than two (2) nor, more than nine (9) qualified elections clerks to serve and assist in
the conduct of the election in accordance with law.
Sección 8. El Oficial Electoral se encargara con el apuntamiento, notificación, entrenamiento y
compensación de todo Juez Electoral y Jueces Alternativos en acuerdo con la ley. El Juez principal
apuntara no menos que dos (2) ni mas que nueve (9) dependientes electorales calificados para asistir y
servir en el conducto de la elección en acuerdo con la ley.
Section 9. The Mayor and the Town Secretary of the Town, in consultation with the Town
Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the
provisions of the Texas Election Code and any other state or federal law in carrying out and conducting
the General Election, whether or not expressly authorized herein.
Sección 9. El Alcalde y la Secretaria del Pueblo, en consulto con el Abogado del Pueblo, son
autorizados y dirigidos a tomar todo y cada acción necesaria para cumplir con las provisiones del Código
de Elecciones de Texas y cualquier otra ley estatal o federal en el desempeño y conducta de la Elección
General, aun o no expresamente autorizado.
Section 10. This Resolution and order for a General Election shall be effective from and after
the passage of this Resolution.
Sección 10. Esta Resolución y orden para una Elección General estará en efectivo desde y
después de la fecha del pasaje de esta Resolución.
DULY PASSED AND APPROVED by the Town Council of the Town of Prosper, Collin and
Denton Counties, Texas, on this the 14th day of February, 2013.
DEBIDAMENTE PASADA Y APROBADA por el Concilio del Pueblo de Prosper, Condados
Collin y Denton, Texas, este dia 14 de febrero 2013.
Ray Smith, Mayor
ATTEST:
Amy Piukana, TRMC
Town Secretary
DATE OF PUBLICATION: ______________________________, Prosper Press.
Page 1 of 2
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 12, 2013
Date: February 6, 2013
Agenda Item:
Consider and act upon Ordinance 13-05 amending Ordinance 12-28 and approving
additional appropriations in the amount of $550,000 in the Fire Department General Fund
Budget for the Fiscal Year 2012-2013 Budget for the purchase of a new fire engine.
Description of Agenda Item:
On June 12, 2012, the Town Council authorized the Town Manager to complete a purchase
order not to exceed $550,000 for a Pierce PUC Pumper fire engine, which required preordering
approximately seven months in advance as each is assembled to order specifications.
During that same meeting, Council also approved Resolution 12-34, allowing the Town to order
the purchase of and expend funds from available resources to pay for the cost of a new fire
engine and at some time in the future, have the funds repaid through a future debt issuance.
The amount in the reimbursement resolution was $600,000 and is higher than anticipated actual
costs of $550,000.
This ordinance is not authorization to issue debt and it does not mean the entire amount will be
included in the issuance; only the amount Council determines will be reimbursed through later
debt issuance.
The Local Government Code allows changes to the budget for municipal purposes under
Section 102.010.
Budget Impact:
This amends the FY 2012-2013 Budget to cover the fire engine purchase, which is $550,000
over the originally budgeted Fire Department General Fund appropriation total. These funds
will be appropriated from the General Fund unassigned fund balance. These funds may be
reimbursed later this fiscal year if determined that the engine should be bond funded. The
fund balance is still very healthy at $2.3M (or 92 days operating) over the required 20%
charter contingency reserve and 25% target.
Legal Obligations and Review:
Budget Amendment Ordinance template language originally provided by Rebecca Brewer.
Prosper is a place where everyone matters.
Administration
Page 2 of 2
Attached Documents:
Ordinance 13-05, Amending the FY 2012-2013 Budget
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
Town staff recommends that the Town Council take action to approve the amendment.
“I move to approve Ordinance 13-05 amending Ordinance 12-28 and approving
additional appropriations in the amount of $550,000 in the Fiscal Year 2012-2013 Fire
Department General Fund Budget for the Purchase of a new fire engine.”
Amendment 2-2012-2013 Budget (Ordinance No. 13-05) – Fire Engine Page 1
TOWN OF PROSPER, TEXAS ORDINANCE NO. 13-05
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ORDINANCE NO. 12-28 (2012-2013 BUDGET) AND APPROVING AN
APPROPRIATION OF FUNDS IN THE AMOUNT OF $550,000.00 IN THE
FIRE DEPARTMENT GENERAL FUND BUDGET FOR THE PURCHASE
OF A FIRE ENGINE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”) has
investigated and determined that it will be beneficial and advantageous to the citizens of the
Town of Prosper, Texas (“Prosper”) to amend Ordinance No. 12-28 (2012-2013 Budget) for the
purpose of purchasing a new Pierce Pumper Fire Engine (“Apparatus”);
WHEREAS, the purchase price of the authorized Apparatus is Five Hundred Fifty
Thousand Dollars and No/100 ($550,000.00); and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Ordinance No. 12-28 (2012-2013 Budget). Ordinance No.
12-28 (2012-2013 Budget) is hereby amended to allow for the following appropriation:
Five Hundred Fifty Thousand Dollars and No/100 ($550,000.00) shall be
appropriated to Expense Account 10-6160-30-00.
SECTION 3: 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 4: 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 5: Effective Date. This Ordinance shall become effective immediately upon its
passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, on this 12th day of February, 2013.
Amendment 2-2012-2013 Budget (Ordinance No. 13-05) – Fire Engine Page 2
Ray Smith, Mayor
ATTEST TO:
Amy Piukana, TRMC
Town Secretary
To: Mayor and Town Council
From: Trish Eller, Code Compliance Officer
CC: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Chris Copple, AICP, Planning Director
Re: Town Council Meeting – February 12, 2013
Date: January 31, 2013
Agenda Item:
Downtown Code Compliance Strategy Update.
Description of Agenda Item
The Town’s Comprehensive Plan includes several recommendations that aim to preserve and
reinforce the location, commercial significance, and the visual character of downtown Prosper.
On June 14, 2011, the Town Council directed Town staff to implement the Downtown Code
Compliance Strategy.
During the past 18 months, the Code Compliance Division has been able to partner with
downtown property owners and utilize the resources provided by the Town Council to make
significant improvements in the downtown area. The issues addressed to date are demolition of
dilapidated structures, major structure repair, open storage, major automobile repair, and junk
motor vehicles. While many violations and concerns have been resolved, several violations
remain to be addressed, and these violations are Code Compliance objectives in 2013. The
downtown area is a priority in the effort to promote and maintain a safe and desirable
environment for residents, business owners, and visitors in the Town of Prosper.
Budget Impact:
The FY12-13 budget includes funds for contract labor and legal fees to assist in implementing
the Downtown Code Compliance Strategy.
Legal Obligations and Review:
N/A
Attached Documents:
1. 2012-2013 Downtown Code Compliance Update Presentation.
Town Staff Recommendation:
Town Staff recommends the Town Council receive an update on the Downtown Code
Compliance Strategy and direct staff to continue implementation of the Downtown Code
Compliance Strategy, including the 2013 objectives.
Prosper is a place where everyone matters.
CODE
COMPLIANCE
Downtown Code Compliance Update 2012‐2013
Dilapidated StructuresNine dilapidated structures were demolished in 2012AfterBefore
Dilapidated StructuresAfterBefore
Dilapidated StructuresAfterBefore
Major Repair of StructuresBoarded Windows, Missing Underpinning, Peeling Paint and Dilapidated Accessory StructureAfterBeforeWindows and Underpinning Repaired, Painted House and Removed Accessory Structure
Major Repair of StructuresAfterBeforeRotted Wood, Peeling Paint on House and Accessory StructureReplaced Rotted Wood, Painted House and Accessory Structure, Replaced Windows
Major Automobile RepairTenant operated Major Automobile Repair use without a Certificate of Occupancy. Open Storage of Vehicles and Debris.Tenant has a Certificate of Occupancy for Office Use. Open Storage of Vehicles and Debris has been removed.AfterBefore
Screening or Removal Of Open StorageBeforeStorage of Debris, No Screening of Open Storage AreaAfterDebris Removed, Live Screening Planted
BeforeNo Screening of Open Storage AreaAfter Open Storage Area Improved and Live Screening to be Planted this SpringScreening or Removal Of Open Storage
Junk Motor VehiclesBeforeJunk Motor VehiclesAfterJunk Motor Vehicles Removed14 Junk Motor Vehicles Removed from Downtown Area
Junk Motor VehiclesBeforeJunk Motor Vehicle and Dilapidated Accessory BuildingAfterJunk Motor Vehicle Removed and Accessory Structure Repaired
Downtown Code Compliance 2013 Objectives
200 Block of West BroadwayOpen Storage of Vehicles, Trailers, and other Materials on vacant lots in the Downtown Retail District (Open Storage Not a Permitted Use)
800 Block of West First StreetOpen Storage of Vehicles, Trailers, and other Materials to be Screened; Debris to be Removed; and Fence to be Repaired
Dilapidated StructuresEast Broadway
Structure RepairsEast Second StreetEast Broadway
•Continue Clean Up of Downtown Area, including repair and/or demolition of dilapidated structures, screening of open storage, and removal of debris and junk motor vehicles•Prosper Clean Up ‐March 23rdat 8am to 12pmLocated behind Town Hall