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04.23.2013 Town Council Packet Page 1 of 4 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. 3. Proclamations 3a. Presentation of a proclamation recognizing May 2013, as Motorcycle Safety and Awareness Month. 3b. Presentation of a proclamation recognizing May 12-18, 2013, as Police Week, and recognizing May 15, 2013, as Peace Officers’ Memorial Day. 4. Announcements of upcoming events. 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. (HJ)  Regular Meeting – April 9, 2013 5b. Consider and act upon Resolution No. 13-27 naming a Town Secretary. (HJ) 5c. Consider and act upon the quarterly investment portfolio for the quarter ending March 31, 2013. (MG) 5d. Consider and act upon the monthly financial reports. (MG) AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, April 23, 2013 Meeting begins at 6:00 p.m. Page 2 of 4 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 - REGULAR AGENDA: (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Speaker Request Form” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council.) DEPARTMENT ITEMS: 7. Consider and act upon 1) an Infrastructure Reimbursement Agreement between the Prosper Economic Development Corporation, the Town of Prosper, Texas, and Preston Development, Ltd., related to the design and construction of certain drainage improvements at the northeast corner of the intersection of First Street and Preston Road; 2) adopting Resolution No. 13-28; and, 3) authorizing the Town Manager to execute same. (HW) 8. Consider and act upon Change Order #2 to Tiseo Paving Co., for the First Street (Craig Street to Coit Road) and Coit Road (US 380 to First Street) Improvements Project. (HW) 9. TABLED ITEM - Consider and act upon the proposed park land dedication within the limits of the preliminary plat of Tanner’s Mill, on 138.5± acres, located on the east side of Coleman Street (D12-0048). (HW) 10. Consider and act upon Ordinance 13-12 amending Ordinance 12-28 and approving additional appropriations in the amounts of $174,050 in the General Fund and $110,000 in the Water/Wastewater Fund for the Fiscal Year 2012-2013 Budget. (MG) 11. 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: 11a. Section 551.072. To deliberate the purchase, exchange, lease or value of real property generally located north of U.S. Highway 380, south of Prosper Trail, west of Preston Road and east of the Dallas North Tollway. Page 3 of 4 11b. Section 551.071. Meeting with Town Attorney regarding a matter in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act to receive legal advice regarding the Police Department’s standard operating procedures, and matters related thereto. 11c. Section 551.071. Meeting with Town Attorney regarding a matter in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding legal issues related to the Comprehensive Plan. 11d. Section 551.074. Discuss and consider Town Attorney applicants and all matters incident and related thereto. 12. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. 13. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 13a. City of Rockwall Resolution discussed at their March 4 Town Council meeting: “Discuss and consider approval of a resolution regarding the 2nd Amendment to protect and defend the constitutional right to keep and bear arms, and take any action necessary.” 14. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at the Town Hall of the Town of Prosper, 121 W. Broadway Street, Prosper, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on Friday, April 19, 2013, by 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened. ________________________________ Robyn Battle, 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 Page 4 of 4 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. WHEREAS, today’s society is finding more citizens involved in motorcycling on the roads of our country; and WHEREAS, Motorcyclists are roughly unprotected and much more likely to be injured or killed in a crash than other vehicle drivers; and WHEREAS, campaigns have helped inform riders and motorists alike on motorcycle safety issues to reduce motorcycle-related risks, injuries, and most of all fatalities, through a comprehensive approach to motorcycle safety; and WHEREAS, it is the responsibility of all who put themselves behind the wheel, to become aware of motorcyclists, regarding them with the same respect as any other vehicle traveling the highways of this country; and WHEREAS, we are urging all of our community to become aware of the inherent danger in- volved in operating a motorcycle and give the operator the respect on the road they deserve. NOW, THEREFORE, I, Ray Smith, Mayor of the Town of Prosper, Texas, on behalf of the entire Town Council and all our citizens, do hereby proclaim the month of MAY 2013 as MOTORCYCLE SAFETY AND AWARENESS MONTH in the Town of Prosper, Texas. Mayor: Proclamation WHEREAS, The Congress and President of the United States have designated May 15 as Peace Officers' Memorial Day, and the week in which May 15 falls as National Police week; and, WHEREAS, the members of the Police Department for the Town of Prosper play an essential role in safeguarding the rights and freedoms for the citizens of Prosper; and, WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and, WHEREAS, the men and women of the Prosper Police Department unceasingly provide a vital public service; NOW, THEREFORE, I, Ray Smith, Mayor of the Town of Prosper, Texas, on behalf of the entire Town Council and all our citizens, do hereby recognize the week of May 12-18, 2013, as POLICE WEEK, and further recognize May 15, 2013, as PEACE OFFICERS’ MEMORIAL DAY in honor of those law enforcement officers who have made the ultimate sacrifice, or who have become disabled in service to their community, and let us recognize and pay respect to the survivors of our fallen heroes. Mayor: Proclamation Page 1 of 6 ] Prosper is a place where everyone matters. 1. Call to Order Regular Meeting/Roll Call. The meeting was called to order at 6:00 p.m. Council Members Present: Mayor Ray Smith Mayor Pro Tem Meigs Miller Deputy Mayor Pro Tem Kenneth Dugger Council Member Mike Korbuly Council Member Curry Vogelsang Council Member Danny Wilson Council Member Jason Dixon Staff Members Present: Town Manager Harlan Jefferson Town Attorney Rebecca Brewer Town Secretary Robyn Battle Executive Assistant/Deputy Town Secretary Carol Myers Director of Development Services/Town Engineer Hulon Webb Planning Director Chris Copple Finance Director Matthew Garrett Economic Development Executive Director Robert Winningham Police Chief Kirk McFarlin Assistant Police Chief Gary McHone Dispatch Supervisor Sidney Snyder 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor David Hancock of Christ Fellowship of Prosper led the Invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were given. 3. Proclamations. Mayor Smith presented the following Proclamations: 3a. Presentation of a Proclamation recognizing April 14-20th as the Week of the Young Child. MINUTES Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, April 09, 2013 6:00 p.m. Regular Meeting Page 2 of 6 3b. Presentation of a Proclamation recognizing April 14-20th as National Telecommunicators’ Week. 3c. Presentation of a Proclamation recognizing April 2013 as Child Abuse and Neglect Prevention Month. Mayor Smith requested that Agenda Item 6 take place after the presentation of the proclamations. 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.) Mayor Smith presented a Proclamation of Respect to the family of Juanice Stanton, a member of the Prosper community who recently passed away. There were no other Citizen Comments. 4. Announcements of upcoming events. Council Member Vogelsang announced Prosper ISD’s “Shattered Dreams” program that will take place on Thursday and Friday, April 25-26. The event is an education experience that reminds us of the dangers of drinking or texting while driving. Council Member Vogelsang announced the Danny Wilson Allstate Kite Day at Frontier Park to be held on Saturday, May 11, from 10 a.m. to 2 p.m. Council Member Vogelsang announced the Prosperity Place Fun Run and Family Fair to be held on Saturday, May 18, from 8 a.m. to 11 a.m. Town Manager Harlan Jefferson introduced Robyn Battle as the new Town Secretary 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). (HJ)  Regular Meeting – March 26, 2013 Page 3 of 6  Special Meeting – March 27, 2013 5b. Consider and act upon Ordinance No. 13-08, rezoning 0.5± acre, located on the southwest corner of Coleman Street and Third Street (202 S. Coleman Street), from Single Family-15 to Downtown Office (DTO) (Z13-0001). (CC) 5c. Consider and act upon Ordinance No. 13-09, amending Planned Development-2 (PD-2), Exhibit C, Section 2.06 (Thoroughfare Screening), located adjacent to the western boundary of Willow Ridge, Phases 4A and 4B, along future Lovers Lane. The property is for 0.3± acres (Z13-0005). (CC) 5d. Consider and act upon Ordinance No. 13-10, rezoning 1.5± acres, located on the southeast corner of Preston Road and Hays Road, from Office (O) to Planned Development-Office (PD-O) (Z13-0002). (CC) 5e. Consider and act upon Ordinance No. 13-11, amending Planned Development-14 (PD-14), Exhibit C, Section 4.06 (Conceptual Development Plan), located on the south side of Fishtrap Road, 2,400± feet east of Teel Parkway. The property is 145.4± acres (Z13-0006). (CC) 5f. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. (CC) Deputy Mayor Pro Tem Dugger made a motion and Mayor Pro Tem Miller seconded the motion to approve the Consent Agenda items as presented. The motion was approved by a vote of 7-0. REGULAR AGENDA: (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Speaker Request Form” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council.) DEPARTMENT ITEMS: 7. Consider and act upon the proposed park land dedication within the limits of the preliminary plat of Frontier Estates, on 124.7± acres, located on the south side of Frontier Parkway, 800± feet east of Preston Road (D13-0005). (HW) Page 4 of 6 Development Services Director Hulon Webb presented the item before the Town Council. Section 13 of the Town’s Subdivision Ordinance includes requirements for park land dedication. The park land dedication requirement for this development is 7.51 acres. The Town’s Parks, Recreation and Open Space Master Plan recommends a neighborhood park to serve the area. The developer is proposing to dedicate 9.82 acres of park land to meet the dedication requirement. The Parks & Recreation Board recommended approval of the proposed conveyance, and the Planning & Zoning Commission approved the preliminary plat of Frontier Estates, which includes the proposed park land conveyance. Town staff recommends approval of this item. After discussion, Council Member Vogelsang made a motion and Deputy Mayor Pro Tem Dugger seconded the motion to approve the proposed park land dedication within the limits of the preliminary plat of Frontier Estates, on 124.7± acres, located on the south side of Frontier Parkway, 800± feet east of Preston Road. The motion was approved by a vote of 7-0. 8. Consider and act upon the proposed park land dedication within the limits of the preliminary plat of The Parks at Legacy, on 95.4± acres, located on the south side of Fishtrap Road, 2,400± feet east of Teel Parkway (D12-0045). (HW) Development Services Director Hulon Webb presented the item before the Town Council. Section 13 of the Town’s Subdivision Ordinance includes requirements for park land dedication. The park land dedication requirement for this development is 8.57 acres. The Town’s Parks, Recreation and Open Space Master Plan recommends a community park and trail head to the north of this development. The developer is proposing to dedicate 6.73 acres for a neighborhood park, and 4.4 acres for a linear park to meet the dedication requirement. The Parks & Recreation Board recommended approval of the proposed conveyance, and the Planning & Zoning Commission approved the preliminary plat of The Parks at Legacy, which includes the proposed park land conveyance. Town staff recommends approval of this item. After discussion, Council Member Vogelsang made a motion and Deputy Mayor Pro Tem Dugger seconded the motion to approve the proposed park land dedication within the limits of the preliminary plat of The Parks at Legacy, on 95.4± acres, located on the south side of Fishtrap Road, 2,400± feet east of Teel Parkway. The motion was approved by a vote of 7-0. 9. Consider and act upon the proposed park land dedication within the limits of the preliminary plat of Tanner’s Mill, on 138.5± acres, located on the east side of Coleman Street (D12-0048). (HW) Development Services Director Hulon Webb presented the item before the Town Council. Section 13 of the Town’s Subdivision Ordinance includes requirements for park land dedication. In January, Town staff presented the item for Tanner’s Mill to the Parks & Recreation Board that included a dedication of 9.51 acres of park land adjacent to a proposed elementary school site. The developer has since revised the preliminary plat. Page 5 of 6 The park land dedication requirement for this development is now 8.8 acres, and does not include a proposed elementary school on the property. Due to the zoning of the surrounding area, the proposed location of a neighborhood park in Tanner’s Mill would benefit local residents, and also connect area developments via the Town’s hike and bike trail system. Town staff recommends approval of this item. After discussion, Council Member Dixon made a motion and Council Member Korbuly seconded the motion to table this item until the April 23, 2013, Town Council meeting for the proposed park land dedication within the limits of the preliminary plat of Tanner’s Mill, on 138.5± acres, located on the east side of Coleman Street. The motion was approved by a vote of 7-0. 10. EXECUTIVE SESSION: Deputy Mayor Pro Tem Dugger made a motion and Mayor Pro Tem Miller seconded the motion to recess into Executive Session at 7:16 p.m. The motion was approved by a vote of 7-0. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as authorized by the Texas Open Meetings Act 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. Meeting with Town Attorney regarding a matter in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act to receive legal advice regarding the Police Department’s standard operating procedures, and matters related thereto. 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 and Council Member Wilson seconded the motion to reconvene into Regular Session at 8:50 p.m. The motion was approved by a vote of 7-0. No action was taken on items discussed in Executive Session. 12. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.  Discuss the Resolution that the City of Rockwall approved in March 2013 to protect and defend the constitutional right to keep and bear arms. Page 6 of 6 13. Adjourn. Deputy Mayor Pro Tem Dugger made a motion and Council Member Wilson seconded the motion to adjourn the meeting at 8:51 p.m. The motion was approved by a vote of 7-0. The meeting adjourned at 8:51 p.m. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: _______________________________ Robyn Battle, Town Secretary TOWN OF PROSPER, TEXAS RESOLUTION NO. 13-27 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE MAYOR OF THE TOWN OF PROSPER, TEXAS, TO NAME ROBYN BATTLE AS TOWN SECRETARY. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Mayor of the Town of Prosper, Texas, is hereby authorized to name Robyn Battle as Town Secretary. SECTION 2: Resolved by the affirmative vote of the Town Council on the 23rd day of April, 2013. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Lori Heikkinen Accounting Manager Town of Prosper "A PLACE WHERE EVERYONE MATTERS" Investment Portfolio Summary January 1, 2013 - March 31, 2013 Prepared By 1/1/2013 3/31/2013 43,576,600 48,035,433 43,576,600 48,035,433 43,576,600 48,035,433 WAM at Beginning Period Date 51 days WAM at Ending Period Date 34 days Increase in Investment Holdings (Market Value)4,458,833 0.63% 0.11% Matthew B. Garrett, Finance Director Lori A. Heikkinen, Accounting Manager Town of Prosper, Texas Quarterly Investment Report - Town Portfolio January 1, 2013 - March 31, 2013 Portfolio Summary Management Report Beginning Par Value: Ending Par Value: Average Yield to Maturity for quarter Average Yield to Maturity 6 month T-Bill This quarterly report is in full compliance with the investment policy and strategy as established for the Town of Prosper, Texas and the Public Funds Investment Act (Chapter 2256, Government Code). Beginning Book Value: Ending Book Value: Beginning Market Value:Ending Market Value: Town of Prosper Inventory Holding Report 03/31/13 Maturity Break Bank Deposit 26,657,462 Subtotal - Cash 26,657,462 55.5% TexPool 6,503,570 TexStar 8,543,633 Subtotal - Pools 15,047,203 31.3% Agencies, Treasuries, Muni Bonds & CD's 0-3 mos.2,663,369 3-6 mos.0 6-9 mos.1,016,853 9-12 mos.0 Subtotal - Other < 1 yr 3,680,222 7.7% 1-2 yrs.2,650,546 2-3 yrs.0 > 3 yrs.0 Subtotal - Other 1 or > 1 yr 2,650,546 5.5% Total 48,035,433 100% Asset Diversification Bank Deposit 26,657,462 55.5% TexPool 6,503,570 13.5% TexStar 8,543,633 17.8% Certificate of Deposit 6,330,768 13.2% Total 48,035,433 100.0% - 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 Town of Prosper - Maturity Break 1 Day Liquidity 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 Bank Deposit TexPool TexStar Certificate of Deposit Town of Prosper - Security Type Town of Prosper CURRENT INVESTMENT - TOWN PORTFOLIO AS OF MARCH 31, 2013 PURCHASE DAYS DAYS TO TYPE OF DISCOUNT SETTLEMENT MATURITY HELD MATURITY % TOTAL WEIGHTED AVG WEIGHTED CUSIP SECURITY PER $100 PAR DISCOUNTED DATE DATE TERM 03/31/13 03/31/13 RATE MATURITY AVERAGE Bank Deposit Cash 100.00000%17,766,300 17,766,300 03/31/13 04/01/13 1 0 1 1.0000%36.99%0.370 177,663.00 Bank Deposit Cash 100.00000%1,300 1,300 03/31/13 04/01/13 1 0 1 1.0100%0.00%0.000 13.13 Bank Deposit Cash 100.00000%0 0 03/31/13 04/01/13 1 0 1 0.0000%0.00%0.000 0.00 Bank Deposit Cash 100.00000%33,247 33,247 03/31/13 04/01/13 1 0 1 0.4000%0.07%0.001 132.99 Bank Deposit Cash 100.00000%8,785,662 8,785,662 03/31/13 04/01/13 1 0 1 0.5000%18.29%0.183 43,928.31 Bank Deposit Cash 100.00000%69,701 69,701 03/31/13 04/01/13 1 0 1 0.1000%0.15%0.001 69.70 Bank Deposit Cash 100.00000%1,253 1,253 03/31/13 04/01/13 1 0 1 0.0000%0.00%0.000 0.00 Texpool Pool 100.00000%6,503,570 6,503,570 03/31/13 04/01/13 1 0 1 0.0810%13.54%0.135 5,267.89 TexStar Pool 100.00000%8,543,633 8,543,633 03/31/13 04/01/13 1 0 1 0.1125%17.79%0.178 9,611.59 CD CD 100.00000%1,016,853 1,016,853 12/12/11 12/12/13 731 475 256 1.3400%2.12%5.419 13,625.83 CD CD 100.00000%101,447 101,447 12/12/11 06/12/13 548 475 73 1.1500%0.21%0.154 1,166.64 CD CD 100.00000%2,650,546 2,650,546 12/10/12 06/10/14 547 111 436 0.5000%5.52%24.058 13,252.73 CD CD 100.00000%2,561,921 2,561,921 06/10/11 06/10/13 731 660 71 1.4000%5.33%3.787 35,866.90 48,035,433 48,035,433 2,566 1,721 845 100.00%34.2863 300,598.71 Average Portfolio Yield:0.67%Average Portfolio Yield:0.63% Average Portfolio Maturity:51 days Average Portfolio Maturity:34 days % Maturing within 3 months:86%% Maturing within 3 months:6% Town of Prosper, Texas Quarterly Portfolio Change - Town Cash 56% Pools 31% CD's 13% Total Portfolio Assets as of 3/31/13 is $ 48,035,433 Cash 60% Pools 25% CD's 15% Total Portfolio Assets as of 12/31/12 is $43,576,600 Town of Prosper QUARTERLY POSITION CHANGE REPORT - TOWN January 1, 2013 - March 31, 2013 PURCHASE BOOK VALUE MARKET VALUE TYPE OF SETTLEMENT MATURITY BEGINNING ENDING BEGINNING ENDING CUSIP SECURITY PAR RATE DATE DATE 01/01/13 03/31/13 CHANGE 01/01/13 03/31/13 CHANGE Cash Positions: Bank Cash Investments Bank Deposit Cash 17,766,300 1.0000%03/31/13 04/01/13 17,332,766 17,766,300 433,534 17,332,766 17,766,300 433,534 Bank Deposit Cash 1,300 1.0100%03/31/13 04/01/13 1,300 1,300 - 1,300 1,300 - Bank Deposit Cash 0 0.0000%03/31/13 04/01/13 0 0 0 (0)0 0 Bank Deposit Cash 8,785,662 0.4000%03/31/13 04/01/13 8,785,662 8,785,662 - 8,785,662 8,785,662 - Bank Deposit Cash 33,247 0.5000%03/31/13 04/01/13 33,247 33,247 - 33,247 33,247 - Bank Deposit Cash 69,701 0.1000%03/31/13 04/01/13 69,684 69,701 17 69,684 69,701 17 Bank Deposit Cash 1,253 0.0000%03/31/13 04/01/13 4,351 1,253 (3,098) 4,351 1,253 (3,098) Subtotal Cash Positions 26,657,462 26,227,010 26,657,462 430,452 26,227,010 26,657,462 430,453 Cash Positions: Pooled Investments TexPool Pool 6,503,570 0.1458%03/31/13 04/01/13 2,502,171 6,503,570 4,001,399 2,502,171 6,503,570 4,001,399 TexStar Pool 8,543,633 0.1647%03/31/13 04/01/13 8,532,366 8,543,633 11,266 8,532,366 8,543,633 11,266 Subtotal Pool Investments 15,047,203 11,034,537 15,047,203 4,012,666 11,034,537 15,047,203 4,012,666 Marketable Securities CD 1,016,853 1.34%12/12/11 12/12/13 1,013,505 1,016,853 3,349 1,013,505 1,016,853 3,349 CD 101,447 1.15%12/12/11 06/12/13 101,158 101,447 289 101,158 101,447 289 CD 2,650,546 0.50%12/10/12 06/10/14 2,647,283 2,650,546 3,264 2,647,283 2,650,546 3,264 CD 2,561,921 1.40%06/10/11 06/10/13 2,553,108 2,561,921 8,813 2,553,108 2,561,921 8,813 Subtotal Marketable Securities 6,330,768 6,315,053 6,330,768 15,715 6,315,053 6,330,768 15,715 Grand Total 48,035,433 43,576,600 48,035,433 4,458,833 43,576,600 48,035,433 4,458,833 1/1/2013 3/31/2013 2,397,539 1,964,005 2,397,539 1,964,005 2,397,539 1,964,005 WAM at Beginning Period Date 1 days WAM at Ending Period Date 1 days Increase in Investment Holdings (Market Value) 1.02% 0.11% Reno Jones, EDC Treasurer Lori A. Heikkinen, Accounting Manager Average Yield to Maturity for quarter Average Yield to Maturity 6 month T-Bill Beginning Book Value: Ending Book Value: Beginning Market Value:Ending Market Value: Beginning Par Value: Ending Par Value: and the Public Funds Investment Act (Chapter 2256, Government Code). Town of Prosper, Texas Quarterly Investment Report - EDC Portfolio January 1, 2013 - March 31, 2013 Portfolio Summary Management Report This quarterly report is in full compliance with the investment policy and strategy as established for the Town of Prosper, Texas Economic Development Corporation Inventory Holding Report 03/31/13 Maturity Break Bank Deposit 1,961,491 Subtotal - Cash 1,961,491 100% TexPool 1,325 TexStar 1,190 Subtotal - Pools 2,515 0% Agencies, Treasuries, Muni Bonds & CD's 0-3 mos.0 3-6 mos.0 6-9 mos.0 9-12 mos.0 Subtotal - Other < 1 yr 0 0% 1-2 yrs.0 2-3 yrs.0 > 3 yrs.0 Subtotal - Other 1 or > 1 yr 0 0% Total 1,964,005 100% Asset Diversification Bank Deposit 1,961,491 100% TexPool 1,325 0% TexStar 1,190 0% Total 1,964,005 100% - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 EDC- Maturity Break 1 Day Liquidity 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 Bank Deposit TexPool TexStar EDC- Security Type Town of Prosper CURRENT INVESTMENT - EDC PORTFOLIO AS OF March 31, 2013 PURCHASE DAYS DAYS TO TYPE OF DISCOUNT SETTLEMENT MATURITY HELD MATURITY % TOTAL WEIGHTED AVG WEIGHTED CUSIP SECURITY PER $100 PAR DISCOUNTED DATE DATE TERM 03/31/13 03/31/13 RATE MATURITY AVERAGE Bank Deposit Cash 100.00000%1,961,491 1,961,491 03/31/13 04/01/13 1 0 1 1.0000%99.87%0.999 19,614.91 Texpool Pool 100.00000%1,325 1,325 03/31/13 04/01/13 1 0 1 0.1458 0.07%0.001 193.16 TexStar Pool 100.00000%1,190 1,190 03/31/13 04/01/13 1 0 1 0.1647 0.06%0.001 196.00 1,964,005 1,964,005 3 - 3 100.00%1.0000 20,004.07 Average Portfolio Yield:1.02%Average Portfolio Yield:1.02% Average Portfolio Maturity:1 days Average Portfolio Maturity:1 days % Maturing within 3 months:100%% Maturing within 3 months:100% Town of Prosper, Texas Quarterly Portfolio Change - EDC Cash 100% Pools 0% Total Portfolio Assets as of 3/31/13 is $ 1,964,005 Cash 100% Pools 0% Total Portfolio Assets as of 12/31/12 is $2,397,539 Town of Prosper QUARTERLY POSITION CHANGE REPORT - EDC January 1, 2013 - March 31, 2013 PURCHASE BOOK VALUE MARKET VALUE TYPE OF COUPON SETTLEMENT MATURITY BEGINNING ENDING BEGINNING ENDING CUSIP SECURITY PAR RATE DATE DATE 01/01/13 03/31/13 CHANGE 01/01/13 03/31/13 CHANGE Cash Positions: Bank Cash Investments Bank Deposit Cash 1,961,491 1.0000%03/31/13 04/01/13 2,395,024 1,961,491 (433,534) 2,395,024 1,961,491 (433,534) Subtotal Cash Positions 1,961,491 2,395,024 1,961,491 (433,534) 2,395,024 1,961,491 (433,534) Cash Positions: Pooled Investments TexPool Pool 1,325 0.1458%03/31/13 04/01/13 1,325 1,325 0 1,325 1,325 0 TexStar Pool 1,190 0.1647%03/31/13 04/01/13 1,190 1,190 0 1,190 1,190 0 Subtotal Pool Investments 2,515 2,515 2,515 0 2,515 2,515 0 Grand Total 1,964,005 2,397,539 1,964,005 (433,533) 2,397,539 1,964,005 (433,533) "A PLACE WHERE EVERYONE MATTERS" FINANCIALS FY 2012 - 2013 February, 2013 CASH OVERVIEW General Fund Water/Sewer Fund I & S Internal Service Fund Cap Proj Storm Drainage *Parks (Ded + Imp) **Impact Fees ***Sp Rev Fund Sp. Rev Escrow EDC TOTALS CASH-LOCAL BANK 4,820,082 4,904,146 1,788,420 98,746 4,562,566 217,985 176,893 3,761,352 87,378 2,331,016 1,961,491 24,710,074 CERT. OF DEPOSIT 2,006,589 4,013,259 200,593 - - - - - - - - 6,220,441 TEXPOOL BALANCE 84,207 4,710 37,617 - 4,165,990 - - 2,210,467 - - 1,325 6,504,317 TEXSTAR BALANCE 2,575,196 - - - 1,349,729 - 1,152,605 2,483,410 - 972,877 1,190 8,535,007 TOTAL 9,486,074 8,922,114 2,026,631 98,746 10,078,285 217,985 1,329,498 8,455,229 87,378 3,303,892 1,964,005 45,969,839 *Parks Fund combines Parks Dedication and Parks Improvement **Impact Fees consist of Water Impact, Sewer Impact, Thoroughfare and West Thoroughfare Impact fees. ***Special Revenue Fund figure consist of Court Technology Fd, Court Security Fd, Police donations, Fire donations, Safety Fair donations, Child Safety collections, Shattered Dreams donations and Country Christmas donations. These are all retricted funds for specific purposes. Total Restricted Funds 17,395,961 END-OF-MONTH CASH OVERVIEW (RECONCILED) February, 2013 "a place where everyone matters" 80-1320-00-00 20-2950-00-00 20-2970-00-00 20-2975-00-00 20-2980-00-00 20-2982-00-00 20-2995-00-00 20-3110-00-00 20-3140-00-00 20-3150-00-00 30-1130-00-00 30-1131-00-00 30-1310-00-00 30-1530-00-00 30-1950-00-00 30-2120-00-00 30-2915-00-00 30-2921-00-00 30-2922-00-00 30-2923-00-00 30-2935-00-00 30-2950-00-00 30-2980-00-00 30-2985-00-00 30-2990-00-00 30-2995-00-00 "a place where everyone matters" END-OF-MONTH CASH OVERVIEW (RECONCILED) February, 2013 4,820 4,904 1,788 99 4,563 218 177 3,761 87 2,331 1,961 2,007 4,013 201 - - - - - - - - 84 5 38 - 4,166 - - 2,210 - - 1 2,575 - - - 1,350 - 1,153 2,483 - 973 1 $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 General Fund Water/Sewer Fund I & S Internal Service Fund Cap Proj Storm Drainage *Parks (Ded + Imp) **Impact Fees ***Sp Rev Fund Sp. Rev Escrow EDC Thousands TEXSTAR BALANCE TEXPOOL BALANCE CERT. OF DEPOSIT CASH-LOCAL BANK 24,710,074 53.75% 6,220,441 13.53% $6,504,317 14.15% $8,535,007 18.57% % of Total % of Total % of Total Month FY 10/11 Taxes Due FY 11/12 Taxes Due FY 12/13 Taxes Due Oct 670,832.76$ 11.13%345,581.69$ 5.38%199,295.89$ 3.11% Nov 245,708.45$ 4.08%269,564.25$ 4.20%312,797.73$ 4.87% Dec 2,307,007.29$ 38.28%2,778,563.05$ 43.29%2,668,522.67$ 41.58% Jan 2,289,662.66$ 38.00%2,055,811.24$ 32.03%2,840,054.97$ 44.25% Feb 698,822.18$ 11.60%724,407.75$ 11.29%734,118.21$ 11.44% Mar 199,858.51$ 3.32%99,594.86$ 1.55%0.00% Apr 36,824.36$ 0.61%57,941.01$ 0.90%0.00% May 67,437.54$ 1.12%57,482.87$ 0.90%0.00% June 39,365.06$ 0.65%16,505.67$ 0.26%0.00% July 26,492.13$ 0.44%30,368.29$ 0.47%0.00% Aug 14,870.63$ 0.25%11,530.90$ 0.18%0.00% Sept 19,320.71$ 0.32%1,465.09$ 0.02%0.00% YTD Totals 6,616,202.28$ 109.79%6,448,816.67$ 100.48%6,754,789.47$ 98.80%Collected YTD includes delinquent collections 6,026,100.54$ 6,418,046.61$ 6,837,016.79$ Total taxes due includes delinquent before adjustments $- $250 $500 $750 $1,000 $1,250 $1,500 $1,750 $2,000 $2,250 $2,500 $2,750 $3,000 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Thousands PROPERTY TAX COLLECTIONS THREE (3) YEAR COMPARISON FOR PEAK COLLECTION MONTHS 0% 20% 40% 60% 80% 100% 120% Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Percent Collected PROPERTY TAX COLLECTIONS THREE (3) YEAR COMPARISON PERCENT OF TOTAL DUE (Before Adjustments) COLLECTED 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 105,623.03$ 132,769.97$ 201,979.59$ 69,209.62$ 52.13% Nov 102,733.59$ 151,482.42$ 214,546.84$ 63,064.42$ 41.63% Dec 63,109.58$ 124,330.65$ 216,748.39$ 92,417.74$ 74.33% Jan 73,055.18$ 116,402.88$ 178,379.69$ 61,976.81$ 53.24% Feb 77,725.19$ 152,805.41$ 191,529.31$ 38,723.90$ 25.34% Mar 76,266.92$ 116,790.53$ Apr 91,119.20$ 139,896.45$ May 134,429.49$ 160,653.78$ June 111,390.14$ 161,052.24$ July 122,119.89$ 169,498.46$ Aug 153,415.34$ 188,573.69$ Sept 129,026.27$ 191,387.99$ YTD Totals 1,240,013.82$ 1,805,644.47$ 1,003,183.82$ 325,392.49$ 48.01% 1,400,000.00$ Budgeted Sales Tax THREE YEAR (3) COMPARISON TOWN OF PROSPER SHARE OF SALES TAX PROSPER, TEXAS $- $50,000 $100,000 $150,000 $200,000 $250,000 Page 1 of 2 To: Mayor and Town Council From: Michael Bulla, CIP Project Manager CC: Harlan Jefferson, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting – April 23, 2013 Date: April 15, 2013 Agenda Item: Consider and act upon 1) an Infrastructure Reimbursement Agreement between the Prosper Economic Development Corporation, the Town of Prosper, Texas and Preston Development, Ltd., related to the design and construction of certain drainage improvements at the northeast corner of the intersection of First Street and Preston Road; 2) adopting Resolution No. 13-26; and, 3) authorizing the Town Manager to execute same. Description of Agenda Item: In an effort to improve a cornerstone location within the Town of Prosper, staff assessed the possibility of filling in the large drainage channel on the northeast corner of First Street and Preston Road. Once a determination was made a drainage solution was feasible and TxDOT would be agreeable to the proposed improvements, Town Council approved Change Order #4 to RLK Engineering to produce a design connecting a 10’x3’ box culvert from First Street and a dual 6’x4’ box culvert on Preston Road. This Infrastructure Reimbursement Agreement between the Town of Prosper, Preston Development Ltd., and the Prosper Economic Development Corporation (PEDC), provides a mechanism for each organization to contribute a portion of the funds necessary to complete the drainage improvements. Budget Impact: The terms of this agreement require the adjacent property owner (Preston Development) to contribute $50,000, and the Prosper Economic Development Corporation (PEDC) to contribute $55,000, towards the design and construction of the improvements. Design for the improvements was approved at the August 14, 2012, Town Council meeting in the amount of $12,000. The total cost is $119,422.25 for design and construction, including an estimated $12,000 payment to AT&T for the adjustment of an existing communications vault. The remaining estimated balance of $14,422.25, to be funded by the cost savings of not constructing a headwall at the same location on the First Street and Coit Road project. Legal Obligations and Review: The Infrastructure Reimbursement Agreement was prepared by Pete Smith with Nichols, Jackson, Dillard, Hager & Smith, L.L.P. for the Prosper Economic Development Corporation (PEDC). Prosper is a place where everyone matters. ENGINEERING Page 2 of 2 Attached Documents: 1. Infrastructure Reimbursement Agreement 2. Resolution 3. Project Map PEDC Recommendation: The Prosper Economic Development Corporation (PEDC) approved their participation in an amount not to exceed $55,000 at their July 18, 2012, PEDC meeting. Town Staff Recommendation: Town staff recommends that the Town Council approve 1) an Infrastructure Reimbursement Agreement between the Prosper Economic Development Corporation, the Town of Prosper, Texas and Preston Development, Ltd., related to the design and construction of certain drainage improvements at the northeast corner of the intersection of First Street and Preston Road; 2) adopt Resolution No. 13-28; and, 3) authorize the Town Manager to execute same. PGS DRAFT 1-4-13 Page 1 Infrastructure Reimbursement Agreement for Drainage Project Prosper EDC and Town of Prosper (TM 58832) S TATE OF TEXAS § § INFRASTRUCTURE REIMBURSEMENT AGREEMENT COUNTY OF COLLIN § This Infrastructure Reimbursement Agreement (“Agreement”) is made by and among the Prosper Economic Development Corporation (“PEDC”), the Town of Prosper, Texas (“Town”), and Preston Development, Ltd. (“Preston Development”) (collectively the “Parties” or singularly a “Party”), acting by and through their respective authorized officers. WITNESSETH: WHEREAS, the Town intends to cause the design and construction of certain drainage improvements at the northeast corner of the intersection of First Street and Preston Road in the Town, to provide underground drainage, in accordance with plans approved by the Town (the “Drainage Project”); and WHEREAS, the Drainage Project will be constructed by the Town if the PEDC and Preston Development agree to contribute funding for the Drainage Project to be provided to the Town prior to commencement of any work; and WHEREAS, the estimated cost of the design and construction of the Drainage Project is One Hundred Thirty Thousand Dollars ($130,000.00) (the “Project Costs”); and WHEREAS, the Town has Twenty-Five Thousand Dollars ($25,000.00) available in the First Street Improvement Project Fund to apply to the Project Costs (the “Town Contribution”) and is willing to undertake the Project, provided the PEDC and Preston Development contribute funding for the Project Costs; and WHEREAS, Preston Development has agreed to pay Fifty Thousand Dollars ($50,000.00) to the Town towards the Project Costs of the Drainage Project (the “Preston Development Contribution”; and WHEREAS, PEDC has agreed to pay Fifty-Five Thousand Dollars ($55,000.00) to the Town toward the Project Costs for the Drainage Project (the “PEDC Contribution”); and WHEREAS, the PEDC has adopted programs for promoting economic development; and WHEREAS, the PEDC has determined that the Drainage Project constitutes Infrastructure as defined by Section 501.103, Texas Local Government Code; and WHEREAS, the PEDC has determined that the payment of Project Costs is suitable to promote or develop new or expanded business enterprises within the Town and constitutes a “project”, as that term is defined in the Development Corporation Act, Chapters 501-505 of the Texas Local Government Code (the “Act”); and PGS DRAFT 1-4-13 Page 2 Infrastructure Reimbursement Agreement for Drainage Project Prosper EDC and Town of Prosper (TM 58832) WHEREAS, the PEDC and Town find and determine that this Agreement will further the objectives of the PEDC, will benefit the Town and the Town’s inhabitants, will promote local economic development and stimulate business and commercial activity in the Town; NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions hereinafter set forth and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Commencement of Construction” shall mean that: (i) the plans have been prepared and all approvals thereof and permits with respect thereto required by applicable governmental authorities have been obtained for construction of the Drainage Project; and (ii) all necessary permits for the construction of the Drainage Project pursuant to the respective plans therefore having been issued by all applicable governmental authorities. “Completion of Construction” shall mean: (i) substantial completion of the Drainage Project; and (ii) the City has accepted the Drainage Project. “Contribution” collectively means the PEDC Contribution, the Preston Development Contribution and the Town Contribution. “Drainage Project” means the design and construction of certain drainage improvements at the northeast corner of the intersection of First Street and Preston Road in the Town to provide underground drainage in accordance with plans approved by the Town. “Effective Date” means the last date of execution hereof. “Expiration Date” means the Parties have fully satisfied their respective obligations under this Agreement. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of such Party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Infrastructure” shall have the same meaning assigned by Section 501.103, Texas Local Government Code. PGS DRAFT 1-4-13 Page 3 Infrastructure Reimbursement Agreement for Drainage Project Prosper EDC and Town of Prosper (TM 58832) “PEDC” means the Prosper Economic Development Corporation. “Preston Development” means Preston Development, Ltd., a Texas limited partnership. “Town” means the Town of Prosper, Collin County, Texas. Article II Term The term of this Agreement shall begin on the Effective Date and continue until the Expiration Date, unless sooner terminated as provided herein. Article III Infrastructure Payment 3.1 Drainage Project Construction. The Town agrees, subject to events of Force Majeure, to cause Commencement of Construction of the Drainage Project to occur within six (6) months after the Effective Date and, subject to events of Force Majeure, to cause Completion of Construction of the Drainage Project to occur within eighteen (18) months thereafter. 3.2 Contribution Payments. The PEDC agrees to pay the PEDC Contribution to the Town within five (5) business days after written request by the Town. Preston Development agrees to pay the Preston Road Contribution to the Town within five (5) business days after written request by the Town. 3.3 Use of Contribution Funds. The Town agrees to use the Contribution Funds for payment of Project Costs for the Drainage Project. The Town shall refund the PEDC Contribution to the PEDC if the Town does not undertake the Drainage Project. The Town shall refund the Preston Development Contribution to the Preston Development if the Town does not undertake the Drainage Project. If the actual costs to design and construct the Drainage Project are less than the total Contribution, the Town shall, within thirty (30) days after Completion of Construction of the Drainage Project, refund to PEDC and Preston Development a prorated share of their respective Contributions in excess of the actual costs of the Drainage Project. Article IV Termination This Agreement shall terminate upon any one of the following: (a) by written agreement of the Parties; (b) upon the Expiration Date; and (c) by either Party, if any subsequent Federal or State legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal or unenforceable. PGS DRAFT 1-4-13 Page 4 Infrastructure Reimbursement Agreement for Drainage Project Prosper EDC and Town of Prosper (TM 58832) Article V Miscellaneous 5.1 Binding Agreement; Assignment. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, affiliates, administrators, executors, and permitted assigns of the respective Parties. This Agreement may not be assigned by either Party without the prior written consent of the other Party. 5.2 Limitation on Liability. It is acknowledged and agreed by the Parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture among the Parties. It is understood and agreed between the Parties that Town, in satisfying the conditions of this Agreement, has acted independently, and PEDC assumes no responsibilities or liabilities to third parties in connection with these actions. 5.3 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 5.4 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or on the day actually received as sent by courier or otherwise hand delivered. If intended for the PEDC, to: Attn: Jim Wicker, President Prosper Economic Development Corporation 170 N. Preston Road, Suite 50 P.O. Box 1060 Prosper, Texas 75078-1060 972.346.3397 – telephone With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 214.965.9900 – telephone If intended for the Town: Attn: Harlan Jefferson Town Manager Town of Prosper P.O. Box 307 Prosper, Texas 75078 972.346.2640 – telephone PGS DRAFT 1-4-13 Page 5 Infrastructure Reimbursement Agreement for Drainage Project Prosper EDC and Town of Prosper (TM 58832) If intended for Preston Development: Attn: John Harris Preston Development, Ltd. 170 N. Preston Road, Suite 10 Prosper, Texas 75078 972.347.1970 - telephone 5.5 Entire Agreement. This Agreement is the entire Agreement between the Parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written Agreement between the Parties that in any manner relates to the subject matter of this Agreement, except as provided in any Exhibits attached hereto. 5.6 Governing Law. This Agreement shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Collin County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said Court. 5.7 Amendment. This Agreement may be amended by the mutual written agreement of the Parties. 5.8 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the Parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 5.9 Recitals. The recitals to this Agreement are incorporated herein. 5.10 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 5.11 Exhibits. Any exhibits to this Agreement are incorporated herein by reference for the purposes wherever reference is made to the same. 5.12 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 5.13 Employment of Undocumented Workers. During the term of this Agreement the Town agrees not to knowingly employ any undocumented workers, and if convicted of a violation under 8 U.S.C. Section 1324a (f), the Town shall repay the amount of the funds received by the PGS DRAFT 1-4-13 Page 6 Infrastructure Reimbursement Agreement for Drainage Project Prosper EDC and Town of Prosper (TM 58832) Town from the PEDC as of the date of such conviction within 120 business days after the date the Town is notified by the PEDC of such conviction, plus interest at the rate of 6% compounded annually from the date of the conviction until paid. The Town is not liable for a violation of this section by a subsidiary, affiliate, or franchisee of the Town or by a person with whom the Town contracts. (Signature page to follow) PGS DRAFT 1-4-13 Page 7 Infrastructure Reimbursement Agreement for Drainage Project Prosper EDC and Town of Prosper (TM 58832) EXECUTED on this ______ day of ___________________, 2013. PROSPER ECONOMIC DEVELOPMENT CORPORATION By: Jim Wicker, President Approved as to Form: By: Peter G. Smith EXECUTED on this _____ day of ____________________, 2013. TOWN OF PROSPER, TEXAS By: Harlan Jefferson, Town Manager EXECUTED on this _____ day of ____________________, 2013. PRESTON DEVELOPMENT, LTD. By: John Harris Title: PGS DRAFT 1-4-13 Page 8 Infrastructure Reimbursement Agreement for Drainage Project Prosper EDC and Town of Prosper (TM 58832) PEDC Acknowledgment State of Texas § County of Collin § This instrument was acknowledged before me on the ______ day of __________, 2013, by Jim Wicker, as President of the Prosper Economic Development Corporation, a Texas nonprofit corporation, for and on behalf of said corporation. Notary Public in and for The State of Texas My Commission Expires: Prosper Acknowledgment State of Texas § County of Collin § This instrument was acknowledged before me on the ______ day of __________, 2013, by Harlan Jefferson, as Town Manager of the Town of Prosper, Texas, a Texas home rule municipality, for and on behalf of said municipality. Notary Public in and for The State of Texas My Commission Expires: PGS DRAFT 1-4-13 Page 9 Infrastructure Reimbursement Agreement for Drainage Project Prosper EDC and Town of Prosper (TM 58832) Preston Development Acknowledgment State of Texas § County of Collin § This instrument was acknowledged before me on the ______ day of __________, 2013, by John Harris, as _____________ of Preston Development, Ltd., a Texas limited partnership, for and on behalf of said partnership. Notary Public in and for The State of Texas My Commission Expires: TOWN OF PROSPER, TEXAS RESOLUTION NO. 13-28 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 INFRASTRUCTURE REIMBURSEMENT AGREEMENT BETWEEN THE PROSPER ECONOMIC DEVELOPMENT CORPORATION AND PROSPER DEVELOPMENT LTD., RELATED TO THE DESIGN AND CONSTRUCTION OF CERTAIN DRAINAGE IMPROVEMENTS AT THE NORTHEAST CORNER OF THE INTERSECTION OF FIRST STREET AND PRESTON ROAD, AND THE TOWN OF PROSPER, TEXAS. 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 Infrastructure Reimbursement Agreement between the Prosper Economic Development Corporation, the Town of Prosper, Texas, and Preston Development, Ltd., related to the design and construction of certain drainage improvements at the northeast corner of the intersection of First Street and Preston Road, and the Town of Prosper, Texas, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 23RD day of April, 2013. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Page 1 of 2 To: Mayor and Town Council From: Michael Bulla, CIP Project Manager CC: Harlan Jefferson, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting – April 23, 2013 Date: April 15, 2013 Agenda Item: Consider and act upon Change Order #2 to Tiseo Paving Co., for the First Street (Craig Street to Coit Road) and Coit Road (US 380 to First Street) Improvements Project. Description of Agenda Item: On November 08, 2011, Town Council awarded a construction services contract for the First Street Improvements (Preston Road to Coit Road) and Coit Road Improvements (First Street to US 380) to Tiseo Paving Co., Inc. in the amount of $7,649,978.00. The contract included the construction of a four-lane divided roadway with concrete curb, underground drainage, and 6,000 LF of sanitary sewer. Turn lanes and median openings, as well as conduits necessary for irrigation and median lighting, were also included. October 09, 2012, Town Council approved Change Order #1 for $404,567.83 to Tiseo Paving Co., for the construction of a decel lane at La Cima 7, increasing lime required for subgrade preparation, the lowering of an existing 20” water line, and the installation of water lines to accommodate the impending Upper Plane Water Line project. This request provides an additional $95,422.25 and 85 days to accommodate drainage improvements at the northeast corner of First Street and Preston Road (SH 289). An assessment was made, and a tentative agreement reached, to extend a 10’x3’ box culvert from First Street and connect to a dual 6’x4’ box culvert on Preston Road. With the connecting of these two drainage systems, this change order also facilitates the filling of the large channel, within the ROW adjacent to the roadway. Budget Impact: The original construction contract in the amount of $7,649,978.00 was funded from the 2008 CO Bonds with the 2007 Collin County Transportation Bonds reimbursing $2,659,575.00 of the actual construction and design costs. Of the $404,567.83 Change Order #1, $37,194.83 is funded through an escrow received from La Cima 7, $126,093.50 for lime and water line lowerings will be funded from the 2008 CO Bonds, the $234,404.50 for new water lines will be funded by future 2013 CO Bonds and the $6,875.00 will come from the Sewer Impact Fee Fund. Prosper is a place where everyone matters. ENGINEERING Page 2 of 2 Change Order #2 for $95,422.25 is to be funded through the proposed Infrastructure Reimbursement Agreement under consideration by the Town Council at the April 23, 2013, Town Council meeting. The terms of this agreement require the adjacent property owner (Preston Development) to contribute $50,000, and the Prosper Economic Development Corporation (PEDC) to contribute $55,000, towards the design and construction of the improvements. Design for the improvements was approved at the August 14, 2012, Town Council meeting in the amount of $12,000. The total cost $119,422.25 for design and construction, including an estimated $12,000 payment to AT&T for the adjustment of an existing communications vault. The remaining estimated balance of $14,422.25, to be funded by the cost savings of not constructing a headwall at the same location on the First Street and Coit Road project. Legal Obligations and Review: No legal review of this request by the Town’s attorney is required. Attached Documents: 1. Change Order #2 2. Project Map Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council approve Change Order #2 to Tiseo Paving Co., for the First Street (Craig Street to Coit Road) and Coit Road (US 380 to First Street) Improvements Project. Page 1 of 1 2 Date: Project: 07105F 7,549,978.00$ 545 85 630 Add/Deduct Item #e/n Unit Quantity Unit Cost Total P4 EXIST CY 2200 2.00$ 4,400.00$ 4,400.00$ D2 EXIST LF 14 41.20$ 576.80$ D15 EXIST LF 195 344.05$ 67,089.75$ D16 EXIST LF 16 396.50$ 6,344.00$ D33 EXIST EA -1 25,160.00$ (25,160.00)$ D37 EXIST LF 237 0.10$ 23.70$ D38 NEW 39" RCP LF 12 116.50$ 1,398.00$ D39 NEW EA 1 22,070.00$ 22,070.00$ D40 NEW LS 1 2,375.00$ 2,375.00$ D41 NEW LS 1 2,375.00$ 2,375.00$ D42 NEW LS 1 700.00$ 700.00$ D43 NEW LS 1 3,750.00$ 3,750.00$ D44 NEW MO 3 3,160.00$ 9,480.00$ 91,022.25$ Date: Previous Change Orders 6.62%Date: Note: Date: Total Paving Items PROJECT CHANGE ORDER Coit Road - US Highway 380 to North of First Street Contractor: Tiseo Paving Company Contract Amount: Change #:04/15/13 Town of Prosper, Texas Client Project #: P.O. Box 270040 Dallas, Texas 75227-0040 Item Description FIRST STREET / COIT ROAD IMPROVEMENTS 1.) Storm Line Revisions at Prosper Town Center - First Street at SH 289 Paving Items Current Contract Time Reason for Request: Add / Deduct Days RLK Project #: First Street - Craig Street to East of Coit Road New Contract Time Original Contract Amount 7,549,978.00$ RECOMMEND FOR APPROVAL 95,422.25$ Total Request Total Drainage Items APPROVED BY OWNER: ACCEPTED BY CONTRACTOR Town of Prosper, Texas RLK Engineering, Inc 10'x3' RCB 2-6'x4' MBC Tiseo Paving Co. Change Order #1 Amount 95,422.25$ 404,567.83$ New Contract Amount 8,049,968.08$ Net Contract Change Amt. (25% Max) Remobilization for Storm Sewer Additions Embankment (Density Control) Drainage Items Connect to Exist. 10'x3' RCB Connect to Exist. 24" RCP Additional Traffic Control Flared Wingwalls - FW-S (10'x3' RBC)(45° Skew)(3:1) Trench Excavation Protection for Storm Sewer Storm Junction Box A-1 (18'x10') Connect to Exist. 2-6'x4' MBC 24" RCP 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 William Mitchell, M.S., CPRP, Parks and Recreation Coordinator Re: Town Council Meeting – April 23, 2013 Date: April 15, 2013 Agenda Item: Consider and act upon the proposed park land dedication within the limits of the preliminary plat of Tanner’s Mill, on 138.5± acres, located on the east side of Coleman Street. (D12-0048) At the April 9, 2013, Town Council meeting, the Town Council tabled this item to allow Town staff additional time to research the status of a potential elementary school site on the property. At the April 9, 2013, Town Council meeting, Town staff was unaware of any recent discussions between the Prosper Independent School District and the developer. Description of Agenda Item: Park Land Dedication: The Town’s Subdivision Ordinance requires a developer dedicate one (1) acre of public parkland for every thirty-five (35) residential units, or in an amount proportionately equal to five percent (5%) of the total acreage, whichever is greater. The Parks and Recreation Board (PARBd) has the ability to recommend to the Town Council acceptance of public dedication of park land or require the developer to pay fees in lieu of the land dedication. When evaluating the public dedication of the park land, the PARBd and Town Council should utilize the Town’s Parks, Recreation, and Open Space Master Plan to guide their recommendation. At the January 10, 2013, Parks and Recreation Board meeting, Town staff presented a Planned Development Zoning exhibit and Preliminary Plat for Tanner’s Mill that showed 333 single family lots and the dedication of 9.51 acres of park land adjacent to a proposed elementary school site. Since that meeting, the developer has withdrawn the request to amend the Planned Development and submitted a revised preliminary plat on February 13, 2013, which conforms to the existing zoning requirements in Planned Development-22. The proposed revised preliminary plat shows 308 single family residential lots. Using the calculation stated above, the park land dedication required by the development is 8.8 acres. The Town’s Parks, Recreation, and Open Space Master Plan does show a neighborhood park north of this development adjacent to the high school, but due to the zoning of the surrounding area, it is more conducive to have the neighborhood park located within the Tanner’s Mill development. The location proposed will benefit the residents of Tanner’s Mill, but will also be connected to the Saddlecreek and Wildwood Estates developments via the Town’s hike and bike trail system. The proposed revised preliminary plat does not include a proposed elementary school site on the property. Prosper is a place where everyone matters. PARKS & RECREATION According to the 2007 Parks, Recreation, and Open Space Master Plan, a neighborhood park consists of the following:  Be accessible to residents who live within a one-half mile radius of the park.  May be frequently located adjacent to elementary and middle schools.  Generally located away from major arterial streets.  Size to be 5 to 10 acres.  Located adjacent to local or minor collector streets.  Parking should be adequate for the proposed facilities it contains. Facilities may include: o Playground equipment with safety surface o Unlighted multi-purpose practice fields o Unlighted tennis courts o Unlighted basketball goals o Active area for unorganized play o Picnic area with benches, picnic tables, and cooking grills o Shaded pavilions and gazebos o Jogging and exercise trails o Security lighting o Restroom not typically provided The developer is proposing to dedicate the necessary park land to meet the required 8.8 acres of park land dedication. Town staff recommends that the Town Council approve the dedication of park land for the Tanner’s Mill development to serve as a neighborhood park. Park Improvement Fees: The park improvement fee is currently $1,500 per single family unit for park improvements. As depicted on the preliminary plat, a hike and bike trail is proposed to be located within the development. The estimated cost of the proposed park improvements towards the required park improvement fees will be evaluated at the time of final plat submittal. Budget Impact: N/A. Legal Obligations and Review: Section 13 of Town’s Subdivision Ordinance includes requirements for park land dedication. The proposed conveyance of 8.8 acres for a neighborhood park complies with the requirements in the Subdivision Ordinance. Attached Documents: 1. Preliminary Plat 2. Town’s Parks, Recreation, and Open Space Master Plan Exhibit Parks & Recreation Board Recommendation: On February 13, 2013, the Parks & Recreation Board recommended the Town Council approve the proposed conveyance of land for an 8.8-acre neighborhood park, as shown on the preliminary plat of Tanner’s Mill, by a vote of 6-0. Planning & Zoning Commission: On February 19, 2013, the Planning & Zoning Commission approved the preliminary plat of Tanner’s Mill, including the proposed conveyance of land for an 8.8-acre neighborhood park. Town Staff Recommendation: Town staff recommends the Town Council approve the proposed conveyance of land for an 8.8- acre neighborhood park, as shown on the approved preliminary plat of Tanner’s Mill. LEGEND 1/2" IRON ROD WITH YELLOW CAP STAMPED "SPIARSENG" SET, UNLESS OTHERWISE NOTED 1/2" IRON ROD SET WITH YELLOW CAP STAMPED "SPIARSENG" IRON ROD FOUND CAPPED IRON ROD FOUND IRON PIPE FOUND ALUMINUM MONUMENT FOUND CONTROL MONUMNET EASEMENT UTILITY DRAINAGE EASEMENT UTILITY EASEMENT WATER EASEMENT SANITARY SEWER EASEMENT SIDEWALK EASEMENT WALL MAINTENANCE EASEMENT HIKE & BIKE TRAIL EASEMENT NO DRIVE ACCESS BY THIS PLAT RIGHT-OF-WAY BUILDING LINE STREET NAME CHANGE BLOCK DESIGNATION STREET FRONTAGE DEED RECORDS, COLLIN COUNTY, TEXAS MAP RECORDS, COLLIN COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS Town’s Parks, Recreation and Open Space Master Plan Exhibit – Tanner’s Mill Page 1 of 2 To: Mayor and Town Council From: Matthew B. Garrett, Finance Director CC: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 23, 2013 Date: April 16, 2013 Agenda Item: Consider and act upon Ordinance 13-12 amending Ordinance 12-28 and approving additional appropriations in the amounts of $174,050 in the General Fund and $110,000 in the Water/Wastewater Fund for the Fiscal Year 2012-2013 Budget. Description of Agenda Item: This item amends the FY 2012-2013 Budget, increasing appropriations in the General Fund and Water/Wastewater Fund. The General Fund will increase personnel budgets to hire new positions and support reclassifications for some existing staff. The filling of the Administrative Services positions address the concerns in the auditors’ report contained in the management letter. In an effort to improve staff effectiveness, efficiency, and productivity, the following organizational changes are planned: New Positions  Accountant  Purchasing Agent  Director of Engineering  Senior Engineer  Landscape Architect  Parks Operations Supervisor Reorganized/Reclassified Positions  From HR Manager to HR Director  From Development Review Coordinator to Senior Planner  From Two (2) temporary Building Inspectors to a full-time Building Inspector  From Parks and Recreation Coordinator to Parks and Recreation Manager  From Planning Director to Director of Development Services  From Town Engineer/Director of Development Services to Executive Director of Development and Community Services Prosper is a place where everyone matters. Administration Page 2 of 2 The Library and Fire Department budgets are increasing to specifically appropriate for the expenditure of donation and grant funds. The Water/Wastewater Fund is increasing to purchase more water meters and contract for well- capping services on multiple Town-owned sites. More detail for these items is listed in Exhibit “A” of Ordinance 13-12. 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 by the amounts listed to approve additional expenditures, but will be more than offset by revenues for the current fiscal year. As such, this amendment will not negatively affect fund balance at year end. Staff projects that the General Fund Revenues will exceed the original estimate by $780,000. Ninety percent of the expected increase is from higher than expected sales taxes. Staff projects that the Water/Wastewater Fund Revenues will exceed the original estimate by $250,000 due to an increased customer base. The additional recurring costs associated with this item will be approximately $492,900 in the FY 2013-2014 Budget for personnel expenses. Legal Obligations and Review: Budget Amendment Ordinance template language originally provided by Rebecca Brewer. Attached Documents: Ordinance 13-12, Amending the FY 2012-2013 Budget Finance and Development Services organizational charts displaying the changes 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 13-12 amending Ordinance 12-28 and approving additional appropriations in the amounts of $174,050 in the General Fund and $110,000 in the Water/Wastewater Fund for the Fiscal Year 2012-2013 Budget.” Amendment 3-2012-2013 Budget (Ordinance No. 13-12) – Staffing, Grants, Meters, Well Capping Page 1 565407.v1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 13-12 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 $174,050 IN THE GENERAL FUND BUDGET AND $110,000 IN THE WATER/WASTEWATER FUND BUDGET; 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 increasing staffing levels, making additional book purchases from donations received, providing grant-funded training for Fire personnel, purchasing additional water meters and capping multiple Town-owned well sites; and, WHEREAS, the total estimated cost of identified enhancements are One Hundred Seventy Four Thousand Fifty Dollars and No/100 ($174,050.00) in the General Fund and One Hundred Ten Thousand Dollars and No/100 ($110,000.00) in the Water/Wastewater Fund. 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 increases or decreases to appropriations as shown in Exhibit “A,” attached hereto and incorporated herein. 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. Amendment 3-2012-2013 Budget (Ordinance No. 13-12) – Staffing, Grants, Meters, Well Capping Page 2 565407.v1 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on this 23rd day of April, 2013. Ray Smith, Mayor ATTEST TO: Robyn Battle, Town Secretary Reason for Amending the General Fund Appropriations: Department Personnel Related Equipment, Furniture, etc. Increase / (Decrease) Administration -$ 20,000.00$ 20,000.00$ Parks 48,660.00$ 26,500.00$ 75,160.00$ Inspections (1,220.00)$ 8,000.00$ 6,780.00$ Planning (33,050.00)$ -$ (33,050.00)$ Engineering 87,610.00$ 12,000.00$ 99,610.00$ Total 102,000.00$ 66,500.00$ 168,500.00$ Department Description Line Increase / (Decrease) Library Book Purchases 10-5281-45-00 3,750.00$ Department Description Line Increase / (Decrease) Fire Department Training & Seminars 10-5536-30-00 1,800.00$ Exhibit "A" Town of Prosper Fiscal Year 2012-2013 Budget Amendment #3 In the General Fund,the departments listed below have adjustments for new positions and reclassifications.Funding to support these changes has been identified through higher than budgeted revenues and through some salary savings for unfilled positions. In the General Fund,the Library book purchases will be increased by $3,750.Funding for this comes from General Fund Balance, reflecting amounts received from the Friends of the Prosper Community Library. Amounts received from this group were $748.53 in FY 2010,$1,000 in FY 2011 and $2,000 in FY 2012.This amendment more clearly allocates the donations received to additional funding for books as intended by the Friends of the Prosper Community Library. In the General Fund,the Fire Department training budget will be increased by $1,800. The Fire Department applied for and was approved for a Texas Intrastate Fire Mutual Aid System Training Tuition Grant.As a reimbursing grant, these funds will initially be appropriated from the General Fund Balance,but are anticipated to be covered with current year revenues once the reimbursing grant is submitted and funds received. Exhibit "A" Town of Prosper Fiscal Year 2012-2013 Budget Amendment #3 Reason for Amending the Water/Wastewater Fund Appropriations: Department Description Line Increase / (Decrease) Water Department Meter Purchases 20-5545-50-00 70,000.00$ Department Description Line Increase / (Decrease) Water Department Meter Purchases 20-5545-50-00 40,000.00$ In the Water/Wastewater Fund,the Water Department contracted services budget will be increased by $40,000. The Town of Prosper operated six water wells until October 2010,at which time the wells were turned off and the Town went to a surface water supply from North Texas Municipal Water District. The cost of operating the well system was nearly twice the cost of surface water and not as reliable. On February 19, 2013,the Texas Commission of Environmental Quality (TCEQ) conducted their four-year inspection. According to 30 TAC 290.46(u), abandoned public water supply wells owned by the system must be plugged with cement according to 16 TAC chapter 76 (relating to Water Well Drillers and Water Well Pump Installers). Public Works is working with the TCEQ staff and together they have chosen to cap the wells.Funding will be covered by current revenues or net system balances avaialble. In the Water/Wastewater Fund,the Water Department meter purchases budget will be increased by $70,000. Additional meters are required to keep up with the pace of growth. Current year revenues will cover the additional costs with Water Taps, Service Initiations, and Other Revenues up significantly over year-to-date expectations. Administration Town Manager (Harlan Jefferson) Finance Finance Director (Matthew Garrett) Purchasing Purchasing Agent (Proposed) Utility Billing Utility Billing Administrator (Kelly Vanaman) Utility Billing Clerk F/T (Tristan Cisco) Utility Billing Clerk P/T (Jane Larch) Accounting Accounting Manager (Lori Heikkinen) Accountant Revenues, Fixed Assets (Proposed) AP/Payroll Clerk (Pamela Clark) Outsourced IT Support Human Resources Human Resources Director (Vacant) PROPOSED Phase 1: Reclass LEGEND Phase 2: Promotion Phase 2: New Position Administration Town Manager (Harlan Jefferson) Finance Finance Director (Matthew Garrett) Utility Billing Utility Billing Administrator (Kelly Vanaman) Utility Billing Clerk FT (Tristan Cisco) Accounting Accounting Manager (Lori Heikkinen) UB/AP Clerk (Pamela Clark) Outsourced IT Support Human Resources HR Manager (Position Removed) BEFORE REORGANIZATION PROPOSEDDEVELOPMENT AND COMMUNITY SERVICESExecutive Director (Hulon T. Webb, Jr.)PROPOSEDDevelopment ServicesDirector (Ch iCl)Engineering Services Director (PROPOSED)LibraryLibrarian (Li dSh )Parks and Recreation Manager (WilliMi h ll)Public WorksDirector (F kJi)Administrative Assistant (Angela Tucker)(Chris Copple)Building Inspections Building Official (Wayne Snell)AdminAssistantPermitTechChief Building Code Compliance Code Compliance Officer (Trish Eller)PlanningSenior Planner (VACANT)PlanningTechnician(PROPOSED)Senior Engineer (PROPOSED)CIPPjM(Linda Shaw)(William Mitchell)Parks Superintendent (Matt Furr)Landscape Architect (PROPOSED) CIP, Parks, Planning(Frank Jaromin)Storm Drainage(1 person)SAdmin Assistant (Laurie Weddle)Permit Tech (Suzanne Brandon)Inspector (Steve Freeman)Senior Building Inspector (Ken Huston)Planning Technician (Melanie Videan)CIP Project Manager (Michael Bulla)Parks Operations Supervisor (Casey Knapp)Equipment Operator (SaulBenitez)Parks Maintenance Worker (JoseBarcenas)Irrigation Technician (Charles Nash)Chemical Technician (VACANT)Streets(2 people)Water(6 people)Plumbing Inspector (Larry Sandoval)Building Inspector (Richard Mapplebeck)(Saul Benitez)Equipment Operator (Roberto Alejos)(Jose Barcenas)Parks Maintenance Worker (Amador Prado)Parks Maintenance Wastewater(3 people)Construction Inspection(1 person)Phase 1: ReclassLEGENDPhase 2: PromotionPhase 2: New PositionBuilding Inspector (P/T to F/T PROPOSED)Worker (Raul Hernandez)Seasonal Maintenance Worker (REMOVE)(p) DEVELOPMENT SERVICESDirector (HulonTWebbJr )EXISTING AS OF FEBRUARY 26, 2013(Hulon T. Webb, Jr.)PlanningPlanning Director(Chris Copple)Engineering Town Engineer(Hulon T. Webb, Jr.)Parks and RecreationBuilding Inspections Building Official (Wayne Snell)Code Compliance Code Compliance Officer (Trish Eller)Development RC (VACANT)CIP Project Manager (Michael Bulla)Parks and Recreation Coordinator (William Mitchell)Parks and RecreationSuperintendent (Matt Furr)Admin Assistant (Laurie Weddle)Permit Tech (Suzanne Brandon)Chief Building Inspector (Steve Freeman)Senior Building Inspector (KenHuston)Planning Technician (Melanie Videan)Parks Maintenance Worker (Jose Barcenas)Parks Maintenance Worker Irrigation Technician (Ch lNh)Chemical Technician (Casey Knapp)(Ken Huston)Plumbing Inspector (Larry Sandoval)(Amador Prado)Parks Maintenance Worker (Raul Hernandez)Seasonal Maintenance Worker (VACANT)(Charles Nash)Building Inspector (Richard Mapplebeck)Building Inspector (P/T)Equipment Operator (Saul Benitez)Equipment Operator (Roberto Alejos)