08.27.2013 Town Council PacketPage 1 of 3
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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. Announcements of upcoming events.
4. Presentations.
Presentation of a Proclamation to representatives from the 2013 Clothe a Child
program proclaiming September 2013, as Clothe a Child Month.
Presentation by a member of the Prosper Community Library Ad Hoc Committee.
5. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
5a. Consider and act upon minutes from the following Town Council meeting. (RB)
Regular Meeting – August 13, 2013
5b. Consider and act upon Resolution No. 13-46 authorizing the Town Manager to
execute the Town of Prosper and Town of Little Elm Interlocal Agreement for the
Reduction and Release of Designated Portions of the Extraterritorial Jurisdiction
of the Town of Prosper’s Extraterritorial Jurisdiction, and the Town Council’s
consent to same. (HW)
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 “Speaker Request Form” and present it to the Town Secretary prior to the
meeting.)
Other Comments by the Public -
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, August 27, 2013
Meeting begins at 6:00 p.m.
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REGULAR AGENDA:
(If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Speaker Request Form” and present it to the Town Secretary prior to
the meeting. Citizens wishing to address the Council for items listed as public hearings
will be recognized by the Mayor. Those wishing to speak on a non-public hearing
related item will be recognized on a case-by-case basis, at the discretion of the Mayor
and Town Council.)
PUBLIC HEARINGS:
7. Conduct a Public Hearing, and consider and act upon a request to rezone 0.5± acres,
located on the north side of First Street, 200± feet west of Craig Road (705 E. First
Street) from Single Family-15 (SF-15) to Downtown Office (DTO). (Z13-0012). (CC)
DEPARTMENT ITEMS:
8. Discussion on the Town Council strategic goal: Develop a plan to accommodate growth
in youth sports and Town recreation programs. (WM)
9. 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:
9a. Section 551.087. To discuss and consider economic development incentives.
9b. Section 551.072. To discuss and consider purchase, exchange, lease or value
of real property for municipal purposes and all matters incident and related
thereto.
9c. Section 551.074. To discuss appointments to the Planning & Zoning
Commission, Parks & Recreation Board, Prosper Economic Development
Corporation Board, Board of Adjustment, and Construction Board of Appeals.
10. To reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
11. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
12. 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, 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 the following date and time:
On August 23, 2013, at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened.
________________________________________ ____________________
Robyn Battle, Town Secretary Date Noticed Removed
Page 3 of 3
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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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:05 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro Tem Meigs Miller
Deputy Mayor Pro Tem Kenneth Dugger
Council Member Michael Korbuly
Council Member Curry Vogelsang
Council Member Danny Wilson
Council Members Absent:
Council Member Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Terrence Welch, Town Attorney
Ronnie Tucker, Fire Chief
Chris Copple, Director of Development Services
Will Mitchell, Parks and Recreation Manager
Paul Naughton, Landscape Architect
Michael Bulla, CIP Project Manager
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Mayor Pro Tem Miller led the invocation. The Pledge of Allegiance and the Pledge to
the Texas Flag were recited.
3. Announcements of upcoming events.
Council Member Wilson made the following announcements:
The second annual Community Picnic will take place on Saturday, September 7 at
Frontier Park from 5:00 to 8:00 p.m. The event will include free hot dogs and soft drinks
until 6:00 p.m., bounce houses, games, music, and lots of fun activities for kids and
families. An outdoor movie will begin at dusk. More information is available on the
Town’s website.
Prosper’s Parks and Recreation Department has opened registration for the Town’s first
adult softball league. Registration is open until August 30, and league play begins on
September 9. Contact Will Mitchell, Parks and Recreation Manager, for more
information.
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, August 13, 2013
6:00 p.m. Regular Meeting
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The eastern connection of Prosper Trail and Preston Road will be closed from August
15-18. This closure will help to reduce disruptions to traffic during the upcoming school
year. TxDOT has also redesigned the intersection to avoid an extended closure to two-
way traffic.
The Town Council thanked all of the board applicants who attended tonight’s Meet &
Greet, and extended their appreciation for their willingness to serve the community.
Council Member Wilson congratulated the various Prosper Little League teams that had
progressed in various regional tournaments.
4. CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
4a. Consider and act upon minutes from the following Town Council meeting.
(RB)
Regular Meeting – July 23, 2013
4b. Consider and act upon approving the Agency Client Agreement for Fiscal
Year 2013-2014 between the Town of Prosper and Zenitram and Associates,
d.b.a. Municipal Voice. (HJ)
4c. Consider and act upon approving an Agreement with Collin County for the
Provision of Firefighting and Fire Protection Services. (RT)
4d. Consider and act upon authorizing the Town Manager to execute a Fourth
Amendment to the Preannexation Agreement between the Town of Prosper
and TVG Texas I, LLC. (CC)
4e. Consider and act upon authorizing the Town Manager to execute an
Encroachment on Easement Agreement within the limits of the La Cima
Hike and Bike Trail property between the Town of Prosper and Oncor
Electric Delivery Company. (PN)
Deputy Mayor Pro Tem Dugger made a motion and Council Member Korbuly seconded
the motion to approve all items on the Consent Agenda. The motion was approved by a
vote of 6-0.
5. 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 “Speaker Request Form” and present it to the Town Secretary prior to the meeting.)
Londyn Ogletree addressed the Council and spoke in support of completing the
playground improvements to the neighborhood park at Preston Lakes.
There were no other Citizen Comments.
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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:
Town Manager Harlan Jefferson asked Mayor Smith to open the following two items:
6. Submission of the FY 2013-2014 Proposed Budget and Budget Message by the
Town Manager. (HJ)
7. Consider and act upon a schedule for public hearings on the FY 2013-2014
Proposed Budget. (HJ)
Mr. Jefferson presented these items before the Town Council. In accordance with the
Town Charter and state law, the proposed budget has been officially submitted to the
Town Council for review. It has been filed with the Town Secretary, and is also available
for public view on the Town’s website. The Town Charter and state law also require a
public hearing on the proposed budget. The recommended dates for the public hearings
are August 29, 2013, and September 10, 2013. These dates meet the requirements of
the Local Government Code. Notice of the public hearings for the proposed budget will
be published in the Prosper Press on August 21, 2013. Additionally, Michael Bulla, CIP
Project Manager, provided a Capital Improvement Project update to all Council
members.
Mayor Smith recognized the following resident who requested to speak on this item:
Phil Jones, 720 Whitney Court, Prosper, Texas, spoke in favor of completing the
playground equipment improvements at the neighborhood park at Preston Lakes.
Deputy Mayor Pro Tem Dugger made a motion and Mayor Pro Tem Miller seconded the
motion to schedule public hearings on the FY 2013-2014 Proposed Budget for August
29, 2013, at 6:00 p.m., and September 10, 2013, at 6:00 p.m., with each meeting taking
place at the Prosper Municipal Chambers at 108 W. Broadway Street, Prosper, TX. The
motion was approved by a vote of 6-0.
Town Manager Harlan Jefferson asked Mayor Smith to open Items 8 through 12, and
presented these items before the Town Council. He reviewed the anticipated collection
rate for FY 2013-2014, as well as the collection rate for the previous five years.
Prosper’s tax rate in relation to tax rates of municipalities in the surrounding community
were compared. Mr. Jefferson further explained anticipated revenue for the General
Fund and the Interest and Sinking Fund for the proposed fiscal year. The current and
proposed tax rate is $0.52 per $100 assessed valuation, which has remained the same
for the sixth consecutive fiscal year. Mr. Jefferson reviewed the difference in revenue
projections and the average tax levy for Prosper residents if the recommended tax rate
is adopted, compared to the estimated levy if either the effective rate or the rollback rate
were used. The total freeze adjusted taxable value on the 2013 appraisal roll, including
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estimated values under protest, is $1,447,466,215. Once the tax rate is approved, the
Town will be able to calculate its 2013 tax levy (i.e., property tax revenue). These funds
will be used to cover operating and maintenance expenses as well as debt service.
Because the Town’s proposed tax rate of $0.5200 is higher than the effective tax rate of
$0.491217 and the rollback rate of $0.463067, the Town would need to hold public
hearings on the tax rate if the Town Council approves the recommended rate. Mr.
Jefferson recommended the Council adopt the recommended tax rate and approve the
related items. After discussion, the Town Council approved motions for each item.
8. Consider accepting the submission of the certified collection rate of 100 percent
for the fiscal year beginning October 1, 2013, and ending September 30, 2014. (HJ)
Mayor Pro Tem Miller made a motion and Council Member Korbuly seconded the motion
to accept the submission of the certified collection rate of 100 percent for the fiscal year
beginning October 1, 2013, and ending September 30, 2014. The motion was approved
by a vote of 6-0.
9. Consider approval of Ordinance No. 13-45 establishing the 2013 certified appraisal
roll. (HJ)
Deputy Mayor Pro Tem Dugger made a motion and Council Member Wilson seconded
the motion to approve Ordinance No. 13-45 establishing the 2013 certified appraisal roll.
The motion was approved by a vote of 6-0.
10. Consider accepting the submission of the notice of an effective tax rate of
$0.491217 per $100 assessed valuation and a rollback tax rate of $0.463067 per
$100 assessed valuation for the fiscal year beginning October 1, 2013, and ending
September 30, 2014. (HJ)
Council Member Korbuly made a motion and Deputy Mayor Pro Tem Dugger seconded
the motion to accept the submission of the notice of an effective tax rate of $0.491217
per $100 assessed valuation and a rollback tax rate of $0.463067 per $100 assessed
valuation for the fiscal year beginning October 1, 2013, and ending September 30, 2014.
The motion was approved by a vote of 6-0.
11. Consider and act upon a proposed FY 2013-2014 property tax rate. (HJ)
Deputy Mayor Pro Tem Dugger made a motion and Council Member Wilson seconded
the motion to place a proposal to adopt a FY 2013-2014 tax rate of fifty-two cents
($0.52) per one hundred dollars ($100) of valuation on the September 24, 2013, Town
Council Agenda.
The following Council Members voted in favor of the motion:
Mayor Ray Smith
Mayor Pro Tem Meigs Miller
Deputy Mayor Pro Tem Kenneth Dugger
Council Member Michael Korbuly
Council Member Curry Vogelsang, Jr.
Council Member Danny Wilson
The motion was approved by a vote of 6-0.
Page 5 of 6
12. Consider and act upon a schedule for public hearings on the proposed FY 2013-
2014 tax rate. (HJ)
Mayor Pro Tem Miller made a motion and Deputy Mayor Pro Tem Dugger seconded the
motion to set the public hearings on the proposal to increase total tax revenues and the
proposed tax rate of fifty-two cents ($0.52) per one hundred dollars ($100) in valuation
for August 29, 2013, at 6:00 p.m. and September 10, 2013, at 6:00 p.m., with each
meeting taking place at the Prosper Municipal Chambers at 108 W. Broadway Street,
Prosper, TX. The motion was approved by a vote of 6-0.
13. Consider and act upon an award of bid to Dickerson Construction Company, Inc.,
and authorize the Town Manager to execute a Construction Services Contract
Agreement between Dickerson Construction Company, Inc., and the Town of
Prosper related to construction services for the RaceTrac Offsite Water Line. (MB)
CIP Project Manager Michael Bulla presented this item to the Town Council. On August
6, 2013, eleven bids were opened for the RaceTrac Offsite Water Line Project. This
project extends the recently completed West Side Water Line approximately 6,000 linear
feet from the northwest corner of Teel Road and U.S. 380 to the northwest corner of Gee
Road and U.S. 380. Dickerson Construction was determined to be the lowest qualified
bidder at $490,121.60. Due to the size and scope of this project, a contingency amount
of $20,000.00 will be added to the lowest bid amount to ensure efficiency when dealing
with varying quantities and unforeseen items during construction. Town staff
recommended approval of this item.
After discussion, Council Member Vogelsang made a motion and Deputy Mayor Pro
Tem Dugger seconded the motion to award the bid to Dickerson Construction Company,
Inc., in the amount of $510,121.60, and authorize the Town Manager to execute a
Construction Services Contract Agreement between Dickerson Construction Company,
Inc., and the Town of Prosper related to construction services for the RaceTrac Offsite
Water Line. The motion was approved by a vote of 6-0.
14. 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:
14a. Section 551.087. To discuss and consider economic development incentives.
14b. Section 551.072. To discuss and consider purchase, exchange, lease or value
of real property for municipal purposes and all matters incident and related
thereto.
14c. Section 551.074. To discuss appointments to the Planning & Zoning
Commission, Parks & Recreation Board, Prosper Economic Development
Corporation Board, Board of Adjustment, and Construction Board of Appeals.
14d. Section 551.071. Consultation with Town Attorney regarding legal issues
associated with proposed extraterritorial jurisdiction release, and all matters
incident and related thereto.
Page 6 of 6
14e. Section 551.071. Consultation with Town Attorney regarding legal issues
associated with the case of David Lightfoot vs. Town of Prosper, Kirk McFarlin,
Gary McHone and Amy Bockes.
The Town Council recessed into Executive Session at 6:40 p.m.
15. To reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Regular Session was reconvened at 8:18 p.m. The following action was taken as a
result of Executive Session:
Town staff was directed to proceed with the design of Cockrell Park without the
addition of athletic field lighting.
Town staff was directed to contact Bill Hays of the Prosper Historical Society
regarding a future proposal to be brought before the Town Council.
16. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Proposed recreation programs
Will Mitchell, Parks and Recreation Manager, updated the Town Council on the new
adult softball league, a proposed tennis program, and a partnership with Prosper ISD for
a Punt, Pass and Kick program to be implemented in Prosper’s elementary schools.
17. Adjourn.
Deputy Mayor Pro Tem Dugger made a motion and Mayor Pro Tem Miller seconded the
motion to adjourn the meeting at 8:27 p.m., on Tuesday, August 13, 2013. The motion
was approved by a vote of 6-0.
These minutes approved on the 27th day of August, 2013.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Executive Director of Development and
Community Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 27, 2013
Agenda Item:
Consider and act upon Resolution No. 13-46 authorizing the Town Manager to execute the
Town of Prosper and Town of Little Elm Interlocal Agreement for the Reduction and Release of
Designated Portions of the Extraterritorial Jurisdiction of the Town of Prosper’s Extraterritorial
Jurisdiction, and the Town Council’s consent to same.
Description of Agenda Item:
Hillwood Development Company, by and through H4 Little Elm, LP, owns approximately 257.3
acres, more or less, in the Town of Prosper’s Extraterritorial Jurisdiction (ETJ). Hillwood is
developing a large project to be known as Union Park which consists of approximately 670
acres in total, which will be located in the corporate limits of the Town of Little Elm, Little Elm’s
ETJ, Town of Prosper’s ETJ and Aubrey’s ETJ. By releasing the 257.3 acre tract in the Town of
Prosper’s ETJ to the Town of Little Elm, and based upon actions concurrently being taken by
Aubrey and Little Elm, the entire Union Park development will be located in the corporate limits
of Little Elm.
The agreement attached clarifies the terms of the agreement to reduce the ETJ of the Town of
Prosper and contains the following requirements that the Town of Prosper 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
The Interlocal Agreement attached to the Resolution provides that the Town will release the
257.3 acre tract to Little Elm and will be compensated $1,100 for each acre released, for a total
of $283,030. The Resolution authorizes the Town Manager to execute the Interlocal Agreement
on behalf of the Town and the Town consents to the release of the ETJ in question.
Budget Impact:
In accordance with the agreement, the Town of Little Elm, Texas, will pay a transaction fee to
the Town of Prosper, Texas, in the amount of $283,030 ($1,100/acre), for the reduction of the
257.3 acres of land from the Town of Prosper’s ETJ.
Prosper is a place where everyone matters.
DEVELOPMENT AND
COMMUNITY SERVICES
Item 5b
Page 2 of 2
Legal Obligations and Review:
Terry Welch with Brown & Hofmeister, L.L.P., has reviewed and approved the attached
Resolution and Interlocal Agreement. The Town of Little Elm, Texas, will contribute $5,000
towards the legal preparation fees.
Attached Documents:
1. Resolution
2. Interlocal Agreement
Town Staff Recommendation:
Town staff recommends the Town Council approve the Resolution and attached Interlocal
Agreement.
Proposed Motion:
I move to approve Resolution No. 13-46 authorizing the Town Manager to execute the Town of
Prosper and Town of Little Elm Interlocal Agreement for the Reduction and Release of
Designated Portions of the Extraterritorial Jurisdiction of the Town of Prosper’s Extraterritorial
Jurisdiction, and the Town Council’s consent to same.
Item 5b
TOWN OF PROSPER, TEXAS RESOLUTION NO. 13-46
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 TOWN OF PROSPER AND TOWN OF
LITTLE ELM INTERLOCAL AGREEMENT FOR THE REDUCTION AND
RELEASE OF DESIGNATED PORTIONS OF THE TOWN OF PROSPER’S
EXTRATERRITORIAL JURISDICTION, AS MORE FULLY DESCRIBED
HEREIN, AND TAKE ANY AND ALL OTHER ACTIONS NECESSARY TO
EFFECTUATE THE SAME, INCLUDING THE TOWN COUNCIL’S CONSENT
TO SAME; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Hillwood Development Company, by and through H4 Little Elm, LP, is a real
estate development company that owns approximately 257.3 acres, more or less, in the
extraterritorial jurisdiction (“ETJ”) of the Town of Prosper, Texas (“Prosper”), which property is
more particularly described in the Town of Prosper and Town of Little Elm Interlocal Agreement
for the Reduction and Release of Designated Portions of the Town of Prosper’s Extraterritorial
Jurisdiction (“Agreement”), attached hereto as Exhibit A and incorporated by reference; and
WHEREAS, Section 42.023 of the Texas Local Government Code authorizes Prosper
and the Town of Little Elm, Texas (“Little Elm”), to enter into an agreement to allocate portions
of Prosper’s ETJ to Little Elm’s ETJ; and
WHEREAS, Prosper and Little Elm have negotiated the Agreement and all pertinent
matters related thereto have been fully addressed by Prosper and Little Elm.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are found to be true and correct and are incorporated into the
body of this Resolution as if copied in their entirety.
SECTION 2
The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute the
“Town of Prosper and Town of Little Elm Interlocal Agreement for the Reduction and Release of
Designated Portions of the Town of Prosper’s Extraterritorial Jurisdiction,” and take any and all
other actions necessary to effectuate the same. This Resolution shall constitute consent to the
terms and conditions contained in said Interlocal Agreement.
SECTION 3
This Resolution is effective immediately upon its passage.
Item 5b
Resolution No. 13-46, Page 2
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THIS 27TH DAY OF AUGUST, 2013.
___________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 5b
PROSPER AND LITTLE ELM INTERLOCAL AGREEMENT FOR RELEASE OF ETJ Page 1
After Recording Return to:
Town Secretary
Town of Prosper, Texas
P.O. Box 307
Prosper, Texas 75078; and
Town Secretary
Town of Little Elm, Texas
100 West Eldorado Parkway
Little Elm, Texas 75068-5060
TOWN OF PROSPER AND TOWN OF LITTLE ELM INTERLOCAL AGREEMENT
FOR THE REDUCTION AND RELEASE OF DESIGNATED PORTIONS OF THE
TOWN OF PROSPER’S EXTRATERRITORIAL JURISDICTION
THIS INTERLOCAL AGREEMENT (“Agreement”) is entered into to be effective on
the date that the last approving Party executes the Agreement, under and in accordance with the
provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government Code, by and
between the TOWN OF LITTLE ELM, TEXAS, a home-rule municipality (“Little Elm”), and
the TOWN OF PROSPER, TEXAS, a home-rule municipality (“Prosper”). Little Elm and
Prosper are sometimes referred to collectively as the “Parties” or individually as a “Party.”
ARTICLE ONE
RECITALS
1.1 WHEREAS, the Interlocal Cooperation Act authorizes any local government to contract
with one or more local governments to perform governmental functions and services
under the terms of the Act; and
1.2 WHEREAS, Local Government Code section 42.023 authorizes Prosper to reduce its
extraterritorial jurisdiction (“ETJ”) by agreement with Little Elm; and
1.3 WHEREAS, the Hillwood Development Company, by and through H4 Little Elm, LP, a
Texas limited partnership (“Hillwood”), is a real estate development company that owns
approximately 257.3 acres, more or less, that is located in Denton County and in
Prosper’s ETJ (“Hillwood/Prosper ETJ Tract”), which Hillwood/Prosper ETJ Tract is
more particularly described by metes and bounds in Exhibit A attached hereto and
incorporated herein for all purposes and graphically portrayed in Exhibit B attached
hereto and incorporated herein for all purposes; and
1.5 WHEREAS, Prosper has determined that it is in the best interests of Prosper to release
the Hillwood/Prosper ETJ Tract in favor of Little Elm’s ETJ under the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, this Agreement is made and entered into by Little Elm and
Prosper, upon and for the mutual consideration hereinafter stated, which entities hereby agree
and understand as follows:
Item 5b
PROSPER AND LITTLE ELM INTERLOCAL AGREEMENT FOR RELEASE OF ETJ Page 2
ARTICLE TWO
REPRESENTATIONS/CONSIDERATIONS
2.1 Representations.
(A) The Parties believe that the Recitals set forth above are true and correct in all
material respects and are hereby incorporated into the body of this Agreement as
though fully set forth in their entirety herein.
(B) Each of the Parties acknowledges and agrees that it has the requisite power and
authority to enter into this Agreement; that this Agreement has been duly
authorized and approved by its governing body; and that the person executing the
Agreement on its behalf has been duly authorized to do so.
2.2 Consideration. The Parties acknowledge and agree that the obligations, rights and
benefits provided herein are mutual and supported by adequate consideration.
ARTICLE THREE
SPECIFIC TERMS
3.1 Prosper’s Attorney Fees. Little Elm agrees to pay, or cause to be paid, to Prosper any
attorney’s fees charged to Prosper by Prosper’s legal counsel for, among other things,
legal review and revision of this Agreement and all further agreements, ordinances or
resolutions contemplated by this Agreement, negotiations and discussions with Little
Elm’s attorney and the provision of advice to applicable Prosper Town Staff and the
Prosper Town Council, in an amount not to exceed $5,000.00 within ten (10) days upon
receipt of an invoice of same from Prosper.
3.2 Transaction Fee. Little Elm agrees to pay, or cause to be paid, to Prosper a transaction
fee of $1,100.00 per acre, as consideration for Prosper’s release of the Hillwood/Prosper
ETJ Tract, for a total amount of $283,030.00. This fee shall be paid contemporaneously
with or before the release of the Hillwood/Prosper ETJ Tract from Prosper’s ETJ.
3.3 Development Building Restrictions. Little Elm agrees that it will require Hillwood, in
Little Elm’s pre-annexation and development agreement with Hillwood, to restrict
Hillwood’s use and development of the Hillwood/Prosper ETJ Tract as follows:
(A) The average density within the Hillwood/Prosper ETJ Tract shall not exceed 4.25
single family dwelling units per gross acre.
(B) Multifamily residential dwelling units shall not be permitted within the
Hillwood/Prosper ETJ Tract.
Item 5b
PROSPER AND LITTLE ELM INTERLOCAL AGREEMENT FOR RELEASE OF ETJ Page 3
(C) Within the Hillwood/Prosper ETJ Tract, the exterior facades of a main building or
structure, excluding glass windows and doors, shall be constructed of ninety
percent (90%) Masonry (as defined below). For purposes of this Paragraph,
“Masonry” shall mean clay fired brick, natural and manufactured stone, granite,
marble, stucco and architectural concrete block. Masonry shall also include
cementatious fiber board, but cementatious fiber board may only constitute fifty
percent (50%) of stories other than the first story. However, cementatious fiber
board may not be used as a façade cladding material for portions of upper stories
that are in the same vertical plane as the first story. Cementatious fiber board may
also be used for architectural features, including window box-outs, bay windows,
room dormers, garage door headers, columns, chimneys not part of an exterior
wall, or other architectural features. The remaining ten percent (10%) of the
exterior facades of a main building or structure, excluding glass windows and
doors, shall not be wood, vinyl or EFIS.
(D) At least 13 acres of property shall be provided for common areas and open space
within the Hillwood/Prosper ETJ Tract.
ARTICLE FOUR
REDUCTION AND RELEASE OF ETJ TO LITTLE ELM
Prosper agrees that, upon the Effective Date of this Agreement and with no other action
needing to be taken by Prosper, the Hillwood/Prosper ETJ Tract is released from
Prosper’s ETJ and, to the extent allowed by law, allocated into Little Elm’s ETJ.
Notwithstanding any matter in this Agreement, this Agreement shall not affect or
otherwise change any Prosper corporate limits or Prosper ETJ except as specifically set
forth herein. This Agreement shall not inure to the benefit of any party not a signatory to
this Agreement.
ARTICLE FIVE
REMEDIES UPON DEFAULT
It is not intended hereby to specify (and this Agreement shall not be considered as
specifying) an exclusive remedy for any default, but all such other remedies (other than
termination) existing at law or in equity may be availed of by either Party hereto and shall
be cumulative. However, recognizing that each Party’s undertakings hereunder are
obligations, failure in the performance of which cannot be adequately compensated in
money damages alone, each Party agrees, in the event of any default on its part, that the
other Party shall have available to them the equitable remedy of mandamus and specific
performance in addition to any other legal and equitable remedies (other than
termination) which may also be available. No waiver or waivers of any breach or default
(or any breaches or defaults) by either Party hereto or of performance by the other Party
of any duty or obligation hereunder shall be deemed a waiver thereof in the future, nor
Item 5b
PROSPER AND LITTLE ELM INTERLOCAL AGREEMENT FOR RELEASE OF ETJ Page 4
shall any such waiver or waivers be deemed or construed to be a waiver of subsequent
breaches, defaults of any kind, character or description, under any circumstances.
ARTICLE SIX
INDEMNIFICATION
6.1 TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO DEFEND,
INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS,
AGENTS AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES
OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES
(INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS,
JUDGMENTS, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES
AND EXPENSES, IN ANY WAY ARISING OUT OF, OR RELATED TO, OR
RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR
CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS
RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD
PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION
WITH PERFORMING THIS AGREEMENT.
6.2 THIS ARTICLE SIX SHALL SURVIVE THE TERMINATION OF THIS
AGREEMENT.
ARTICLE SEVEN
GENERAL PROVISIONS
7.1 Term of Agreement. This Agreement shall be deemed effective on and from the date
that this Agreement is approved by both the Prosper Town Council and the Little Elm
Town Counsel (“Effective Date”), whichever approval occurring last being deemed the
Effective Date.
7.2 Modification. No change, amendment or modification of this Agreement shall be made
or be effective except by means of written agreement executed by the Parties hereto.
7.3 Addresses and Notice. Unless otherwise provided herein, any notice, communication,
request, reply or advise (herein severally and collectively, for convenience, called
“Notice”) herein provided or permitted to be given, made or accepted by either Party to
any other Party must be in writing and may be given or be served by depositing the same
in the United States mail postpaid and registered or certified and addressed to the Party to
be notified, with return receipt requested, or by delivering the same to an officer of such
Party, or by prepaid telegram when appropriate, addressed to the Party to be notified.
Notice deposited in the mail in the manner described above shall be conclusively deemed
to be effective, unless otherwise stated herein, from and after the expiration of three (3)
days after it is so deposited. Notice given in any other manner shall be effective only if
Item 5b
PROSPER AND LITTLE ELM INTERLOCAL AGREEMENT FOR RELEASE OF ETJ Page 5
and when received by the Party to be notified. For any purposes of notice, the addresses
of the Parties shall, until changed as hereinafter provided, be as follows:
If to Prosper, to: Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Attention: Town Manager
If to Little Elm, to: Town of Little Elm
100 West Eldorado Parkway
Little Elm, Texas 75068-5060
Attention: Town Manager
The Parties hereto shall have the right from time to time and at any time to change their
respective addresses and each shall have the right to specify as its address any other
address by at least fifteen (15) days written notice to the other Party hereto.
7.4 Representations. Each signatory represents this Agreement has been read by the Party
for which this Agreement is executed and that each Party has had an opportunity to
confer with its counsel.
7.5 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.
7.6 State or Federal Laws, Rules, Orders or Regulations. This Agreement is subject to all
applicable Federal and State law, as they exist, may be amended or in the future arising,
and any applicable permits, ordinances, rules, orders and regulations of any local, State or
Federal governmental authority having or asserting jurisdiction, but nothing contained
herein shall be construed as a waiver of any right to question or contest any such law,
ordinance, order, rule or regulation in any forum having jurisdiction.
7.7 Savings/Severability. The Parties hereto specifically agree that in case any one or more
of the sections, subsections, provisions, clauses or words of this Agreement or the
application of such sections, subsections, provisions, clauses or words to any situation or
circumstance shall be, or should be held to be, for any reason, invalid or unconstitutional,
under the laws or constitutions of the State of Texas or the United States of America, or
in contravention of any such laws or constitutions, such invalidity, unconstitutionality or
contravention shall not affect any other sections, subsections, provisions, clauses or
words of this Agreement or the application of such sections, subsections, provisions,
clauses or words to any other situation or circumstances, and it is intended that this
Agreement shall be severable and shall be construed and applied as if any such invalid or
unconstitutional sections, subsection, provision, clause or word had not been included
herein, and the rights and obligations of the Parties hereto shall be construed and remain
in force accordingly.
Item 5b
PROSPER AND LITTLE ELM INTERLOCAL AGREEMENT FOR RELEASE OF ETJ Page 6
7.8 Venue. This Agreement shall be construed in accordance with the laws of the State of
Texas and shall be performable in Denton County, Texas, which is the County in which
the Hillwood/Prosper ETJ Tract is located. It is specifically agreed between the Parties to
this Agreement that Denton County, Texas, is the place of performance of this
Agreement; and in the event that any legal proceeding is brought to enforce this
Agreement or any provision hereof, the same shall be brought and exclusive venue shall
lie in Denton County, Texas.
7.9 Sovereign Immunity. By entering into and executing this Agreement, the Parties agree
neither Prosper nor Little Elm waives, limits or surrenders its sovereign immunity, except
as specifically provided for herein.
7.10 Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally
by the Parties hereto. The language of all parts of this Agreement shall be construed as a
whole according to its fair meaning, and the presumption or principle that the language
herein is to be construed against either Party shall not apply. Headings in this Agreement
are for the convenience of the Parties and are not intended to be used in construing this
Agreement.
IN WITNESS WHEREOF, the Parties hereto, acting under authority of their respective
governing bodies, have caused this Agreement to be duly executed in several counterparts, each
of which shall constitute an original.
[SIGNATURE AND ACKNOWLEDGMENT PAGES FOLLOW]
Item 5b
PROSPER AND LITTLE ELM INTERLOCAL AGREEMENT FOR RELEASE OF ETJ Page 7
APPROVED BY THE TOWN COUNCIL FOR THE TOWN OF PROSPER, TEXAS, in
its meeting held on the 27th day of August, 2013, and executed by its authorized representative.
ATTEST: TOWN OF PROSPER
By: ______________________________
Name: Robyn Battle Harlan Jefferson
Title: Town Secretary Title: Town Manager, Town of Prosper
Date:
APPROVED AS TO FORM:
Name: Terrence S. Welch
Title: Town Attorney
Item 5b
PROSPER AND LITTLE ELM INTERLOCAL AGREEMENT FOR RELEASE OF ETJ Page 8
APPROVED BY THE TOWN COUNCIL FOR THE TOWN OF LITTLE ELM,
TEXAS, in its meeting held on the 20th day of August, 2013, and executed by its authorized
representative.
ATTEST: TOWN OF LITTLE ELM
By: ______________________________
Name: Kathy Phillips David Hillock
Title: Town Secretary Title: Mayor, Town of Little Elm
Date:
APPROVED AS TO FORM:
Name: Robert F. Brown
Title: Town Attorney
Item 5b
PROSPER AND LITTLE ELM INTERLOCAL AGREEMENT FOR RELEASE OF ETJ Page 9
EXHIBIT “A”
Hillwood/Prosper ETJ Tract Metes and Bounds Description
Item 5b
Page 1 of 2
Union Park
TOWN OF PROSPER
ETJ
257.3 Acres
BEING a tract of land out of a called 757.040 acre tract described in deed to H4 Little Elm, LP, recorded
in Instrument No. 2013-48961 of the Denton County Deed Records (D.R.D.C.T.) and being located in the
William Lumpkin Survey, Abstract 730 and the Thomas Navo Survey, Abstract 964 and being more
particularly described as follows:
BEGINNING at the southeast corner of said 109.503 acre tract and the west right of way line of FM
1385;
THENCE N 87° 43' 38” W, along the south line of the said 109.503 acre tract, a distance of 1891.09 feet
to a point for the northwest corner of the 20.264 acre Savannah Properties Associates, LP tract as
recorded in Document No. 2004-164139 of the D.R.D.C.T., and being the northeast corner of the 40.739
acre tract of land described in deed to Savannah Properties Associates, LP, as recorded in Document No.
2004-37441, D.R.D.C.T.;
THENCE N 87° 53' 20” W, continuing along the south line of the said 109.503 acre tract, a distance of
939.59 feet to a point for the most easterly southwest corner of the said 109.503 acre tract and being the
northwest corner of the said 40.739 acre tract and being in the east line of the said 645.238 acre tract;
THENCE S 02° 11' 21” W, along the east line of the said 645.238 acre tract, a distance of 1981.34 feet to
a point in the approximate centerline of said Fishtrap Road and being the southeast corner of the said
645.238 acre tract;
THENCE N 88° 03' 53” W, along the approximate centerline of Fishtrap Road and along the most
northerly south line of the said 645.238 acre tract, a distance of 2935.71 feet to a point for corner at the
beginning of a non-tangent curve to the right;
THENCE Along said non-tangent curve to the right having a central angle of 26°24'40", a
radius of 5280.00 feet, a chord bearing of N 15°49'17" E, 2412.37 feet and an arc length of
2433.86 feet to a point for corner in the north line of the said 645.238 acre tract;
THENCE S 88° 09' 26” E, along the north line of the said 645.238 acre tract, a distance of 642.79 feet to
a point for the westerly southwest corner of said 109.503 acre tract;
THENCE N 02° 01' 46” E, along the west line of the said 109.503 acre tract and along the approximate
centerline of Byran Road, a distance of 862.83 feet to a point for the northwest corner of said 109.503
acre tract;
THENCE, along the north line of the said 109.503 acre tract, the following courses:
S 88° 33' 41” E, a distance of 1200.64 feet to a point for corner;
S 88° 34' 26” E, a distance of 818.96 feet to a point for corner;
S 88° 15' 06” E, a distance of 438.64 feet to a point for corner;
S 00° 34' 22” E, a distance of 122.17 feet to a point for corner;
Page 2 of 2
Union Park
S 87° 46' 03” E, a distance of 2091.15 feet to a point for the northeast corner of the said 109.503
acre tract and being on the west right of way line of FM 1385, an 80 foot right of way;
THENCE S 02° 04' 14” W, along the east line of the said 109.503 acre tract and along the west right-of-
way line of said FM 1385, a distance of 1124.66 feet the POINT OF BEGINNING, containing 257.3
acres of land, more or less.
This document was prepared under 22 TAC 663.21, does not does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those rights
and interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared.
PROSPER AND LITTLE ELM INTERLOCAL AGREEMENT FOR RELEASE OF ETJ Page 10
EXHIBIT “B”
Hillwood/Prosper ETJ Tract Map
Item 5b
Union Park(670.8 Acres)
Savannah(DCFWSD #10)
Paloma Creek(DCFWSD #8A)
BYRAN RD
FISHTRAP RDFM 1385
BYRAN RD
NAVO RD
£¤380
LakeLewisville
Prosper ETJ(257.3 Acres)³Legend
Union Park Property (670.8 Ac.)
Prosper ETJ (257.3 Ac.)
0 750 1,500375
Feet
TOWN OF PROSPER ETJ
Date: Aug 07, 2013 C:\GIS\SpecialProjects\BPK\UnionPark\Portrait\Exhibit_F_8x11.mxd Project Number: D330-001NavoM.S.
NavoE.S.
Item 5b
Page 1 of 2
To: Mayor and Town Council
From: Alex Glushko, AICP, Senior Planner
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 27, 2013
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to rezone 0.5± acres, located
on the north side of First Street, 200± feet west of Craig Road (705 E. First Street) from Single
Family-15 (SF-15) to Downtown Office (DTO). (Z13-0012).
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning
Current Land Use Future Land Use Plan
Subject
Property Single Family-15 Single Family Residential Old Town Core District –
Office
North Single Family-15 Single Family Residential Old Town Core District –
Single Family
East Single Family-15 Single Family Residential Old Town Core District –
Office
South Single Family-15 and
Downtown Office Single Family Residential Old Town Core District –
Office
West
Downtown Office Single Family Residential Old Town Core District –
Office
Requested Zoning – Z13-0012 is a request to rezone 0.5± acre, located on the north side of
First Street, 200± feet west of Craig Road (705 E. First Street) from Single Family-15 (SF-15) to
Downtown Office (DTO).
Future Land Use Plan – The Future Land Use Plan (FLUP) recommends Old Town Core District
- Office for the property. The zoning request conforms to the FLUP.
Thoroughfare Plan – The property is adjacent to First Street. The alignment of future First
Street, including any additional right-of-way dedication, will be determined at the time of final
plat.
Prosper is a place where everyone matters.
PLANNING
Item 7
Page 2 of 2
Water and Sanitary Sewer Services – Water and sanitary sewer service have been extended to
the property.
Access – Access to the property will be provided from First Street.
Schools – This property is located within the Prosper Independent School District (PISD). It is
not anticipated that a school site will be needed on this property.
Parks – It is not anticipated that this property will be needed for the development of a park.
Environmental Considerations – There is no 100-year floodplain located on the property.
Legal Obligations and Review:
Zoning is discretionary. Therefore, the Town Council is not obligated to approve the request.
Notification was provided to neighboring property owners as required by state law. Town staff
has received three public hearing notice reply forms; none are in opposition to the request.
Attached Documents:
1. Zoning Exhibit A
2. Zoning map of the surrounding area
3. Future Land Use Plan - Old Town Core District Inset
4. Public Hearing Notice Reply Forms
Town Staff Recommendation:
Town staff recommends the Town Council conduct a Public Hearing and approve a request to
rezone 0.5± acre, located on the north side of First Street, 200± feet west of Craig Road (705 E.
First Street) from Single Family-15 (SF-15) to Downtown Office (DTO).
Proposed Motion:
I move to approve a request to rezone 0.5± acre, located on the north side of First Street, 200±
feet west of Craig Road (705 E. First Street) from Single Family-15 (SF-15) to Downtown Office
(DTO).
Item 7
Item 7
Z13-0012
SF-15
SF-15
DTO
SF-15
DTO
DTO
DTO
RPD-3
RPD-17
OPD-17
E FIRST ST
S CRAIG RDLANE STFIELD STE THIRD ST FIELD ST0 75 150 225
Feet
1 inch = 150 feet
Item 7
Old Town Transportation Plan
Section A: Four lane divided roadway with a landscaped median
and a landscaped parkway separating pedestrians from traffic.
This section serves as a major entrance into Old Town from the
east. No on-street parking.
Section B: Two lane divided boulevard with a large center median
containing landscaping. Wide travel lanes allow for bicycle
accommodation and a landscaped parkway separates pedestrians
from traffic. No on-street parking.
Section C: Two lane divided boulevard with a large center median
containing landscaping. On-street parallel parking is permitted and
a landscaped parkway separates pedestrians from traffic.
Section D: Two lane undivided urban roadway. Wide 20’ sidewalks
accommodate patio seating, pedestrian traffic and street trees.
On-street angled parking is permitted and bulb-outs are located at
intersections to enhance pedestrian visibility at crosswalks.
Section E: Two lane undivided roadway with on-street parallel
parking and an immediately adjacent 8’ sidewalk. A large private
setback of 25’ is included.
Section F: Two lane undivided roadway with on-street parallel
parking and a 15’ sidewalk. 10’ of the sidewalk will be located
within the right-of-way and the additional 5 feet will be a 5’
setback to building face.
Section G: Two lane divided roadway with a center median
containing landscaping. On-street parallel parking and a 10’
sidewalk are included.
Land Use
The predominant land use within Old Town will be single-family
residential. All infill development within such areas should conform to the
architectural guidelines established for the Old Town district. Such
guidelines are created to protect the continuity of look and feel within Old
Town.
Along Broadway and First Street, single-family uses will gradually
transition to boutique, cottage-style office and/or specialty retail uses.
Broadway west of Coleman, will be the retail core of the downtown.
Shops, restaurants, and small office uses may be located within the main
street retail area. This area is intended to be the heart and main activity
center of the Old Town Area. As redevelopment occurs, building
frontages should be brought to the property line to be consistent with
ultimate streetscape improvements.
Adjacent to the retail core, a mixed-use district incorporating mixed use
lofts/apartments will serve as a buffer between the Business Park and the
core of Old Town. This area will also provide rooftops that service
adjacent retail establishments.
The Green space area will serve as a community park and its location
adjacent to the retail core of Old Town and the mixed-use district will
make it an opportunistic and useable open space area.
Niche retail is recommended along Preston Road and at the northern end
of Coleman. Retail development within these areas should fit within the
architectural framework of the Old Town area. Setbacks should be
reduced, when possible, along Coleman and Broadway to frame the
roadways.
Item 7
Item 7
Item 7
Item 7
Page 1 of 3
To: Mayor and Town Council
From: William Mitchell, M.S., CPRP, Parks and Recreation Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 27, 2013
Agenda Item:
Discussion on the Town Council strategic goal: Develop a plan to accommodate growth in youth
sports and Town recreation programs.
Description of Agenda Item:
During the Town Council Strategic Planning meeting on March 27, 2013, the Town Council
identified a strategic goal to develop a plan to accommodate growth in youth sports. Since that
meeting, Town staff has met with many surrounding cities, including Frisco, McKinney, Allen,
Plano, Flower Mound, and Little Elm, to discuss their experiences with rapid growth of youth
sports in their respective communities. Town staff also met with representatives of the Town’s
recognized sports leagues to discuss their past, present and future concerns related to the
growth of their respective youth sports programs.
From these discussions, both Town staff and the representatives of the Town’s recognized
sports leagues agreed that a centralized oversight of the youth sports associations is needed to
increase efficiency of facility usage, maintain consistency in operations, provide better
communication and accountability to all stakeholders to accommodate the anticipated growth in
youth sports. The following two models of centralization were discussed:
Single Sports Organization Model: Under the Single Sports Organization Model, a new 501c3
organization would be created and all the Town’s youth sports leagues would report and register
through this organization. Town staff received positive feedback from several of the surrounding
communities that this would be the preferred model for a growth community like the Town of
Prosper. However, upon Town staff’s discussion with representatives of the Town’s recognized
sport leagues, this model was not supported due to the complications a restructure to a new
single sports organization would have on the existing Town’s recognized sports leagues.
Board of Directors Model: Under the Board of Directors Model, the Board members would
include a representative from each of the Town’s recognized sports leagues and include a
President, Vice President, Treasurer, and Secretary. It could also include a representative from
the Town of Prosper Parks and Recreation Department, a representative from the Prosper
Independent School District (PISD), and additional Board members deemed necessary by the
Board. The Board of Directors Model provides the needed centralized oversight of the youth
sports associations while allowing the Town’s recognized sports leagues to maintain their
current internal structure.
PARKS & RECREATION
Prosper is a place where everyone matters.
Item 8
Page 2 of 3
At the conclusion of the discussions on the two models of centralization with the representatives
of the Town’s recognized sports leagues, the Board of Directors Model was recommended and
the name of the Board identified as Prosper Youth Sports Commission (PYSC). Once the
PYSC is created, the necessary by-laws and other organizational structure guidelines will be
their first priority.
Section 7, Paragraph D., of the current Comprehensive Parks Ordinance states the following:
Section 7
D. Prosper Sports Committee. There is hereby created and established within Prosper a
Prosper Sports Committee (PSC).
1) Purpose – The purpose of the Prosper Sports Committee is to interpret the needs
and interest of youth and adult in the community athletics as it specifically relates to
the scheduling of athletic fields.
The Prosper Sports Committee shall have no authority, either expressed or implied,
to commit Town resources or funds, use of any athletic fields, concession facilities,
or other Town property to any group or individuals.
2) Number of Members - The Prosper Sports Committee shall be comprised of a
maximum of one (1) Town Council member, one (1) Parks and Recreation Board
member, the Town Parks and Recreation Director, and one (1) member of each
athletic organization recognized by the Town Council by resolution. In the case
where the Committee is comprised of an even number of members, one (1)
additional Parks and Recreation Board member will fill a seat on the Committee until
an odd number of members are created by the recognition of an additional athletic
organization.
3) Term of Office – The term of each Prosper Sports Committee member shall be one
(1) year with no term limits.
4) Chair / Vice-Chair / Secretary –
a) Chair – The Parks and Recreation Board member shall serve as the Chair of
the Board. The Chair shall preside over meetings, call meetings, and vote on
matters brought before the Board.
b) The Vice-Chair shall be elected by the Board and shall assume to duties of
the Chair in the absence or in the inability of the Chair to act.
c) The Secretary, to be elected by the Board and shall keep the minutes of all
meetings.
5) Quorum – A quorum of the Committee will consist of over one-half (50%) of the total
members.
6) Meetings – The Prosper Sports Committee will meet at such times deemed
necessary by the Committee Chair.
Item 8
Page 3 of 3
7) Powers and Duties – It shall be the duty of the Prosper Sports Committee to make
determinations regarding disputes related to the scheduling of games and practices
on Town operated facilities. The powers of the Committee are limited to the
scheduling of games and practices, and shall not have authority over game and
practice field designations as defined in Section 1.
The Prosper Sports Committee (PSC) was never formed since there were never any disputes
related to the scheduling of games and practices on Town operated facilities since its creation in
2011.
In order to establish the Prosper Youth Sports Commission (PYSC), Section 7(D.) of the current
Comprehensive Parks Ordinance would need to be amended to replace the Prosper Sports
Committee (PSC) and create and establish the Prosper Youth Sports Commission (PYSC).
Attached Documents:
1. PowerPoint presentation.
2. Youth Sports Fees and Expenses
3. Youth Sports Program Model PowerPoint Presentation
Parks and Recreation Board Recommendation:
The Parks and Recreation Board Board was appreciative of Town staff’s research and supports
the recommendation of a centralized Board of Directors Model.
Town Staff Recommendation:
Town staff recommends a centralized oversight of the youth sports associations through the
creation of a non-profit Prosper Youth Sports Commission.
Proposed Motion:
I hereby make a motion to direct Town staff to prepare an ordinance amendment to the current
Comprehensive Parks Ordinance to create and establish the Prosper Youth Sports Commission
(PYSC).
Item 8
Baseball (PLL) - breakdown of expensesA R i t ti F P Pl $92 95All Star Expenses($3.73)Background Checks($0.05)Average Registration Fee Per Player = $92.95Average Expense Per Player = $110.04 (make up the difference through fundraising and concession sales)Board Member Shirts($1.04)Credit Card Fees($2.44)Decals($0.56)Equipment/First Aid Kits($13.44)Field Improvements (Town of Prosper)($4.14)Field Usage (PISD)($2.48)Insurance($0 76)Insurance($0.76)Little League Fees/Insurance($8.40)Miscellaneous($0.20)Opening Ceremonies (Net)($1.00)Sports Conductor Fees($5.30)Town of Prosper Fees (Field Usage)($5.00)Trophies($9.02)Umpires($20.10)Uniforms($32.36)Total Expense per Player($110.04)Item 8
Football (PYSA) - breakdown of expensesFlag Players: $150 registration feeCosts Per Player:Practice/Game Operations $80Uniform/Equipment$32Uniform/Equipment$32Trophies/Programs$15Background Checks/CC Fees $ 8Website/Insurance$10Scholarship$ 5$150Tackle Players: $190 registration feeCosts Per Player:McKinney MSC Fee $140Practice$25Practice$ 25Equipment$ 2Background Checks/CC Fees $ 8Website/Insurance$10Scholarship$5$190Item 8
Soccer (PASO) – breakdown of registration fees Item 8
ExpensesEquipmentall‐star uniforms$ 5.00 bags$025Softball (PYSA) - breakdown of expensesRegistration Fee= $85bags$ 0.25 balls‐new‐hard$ 2.00 balls‐new‐soft$ 0.50 bases$ ‐bats$ 0.30 catchers helmets$ 0.40 h$catchers mitts$ 0.30 chest protectors$ 0.30 helmets$ ‐Portable Pitcher's Mound$ ‐scorebooks$ 0.30 shin guards$ 0.30 Tees$ 0.20 Uniforms$ 20.00 Equipment Subtotal$ 29.85 Youth Softball FeesGeneral Liability insurance$ 2 ASATeamRegistration fee$ 1ASA Team Registration fee$ 1 Youth Softball Tournament fees $ ‐Youth Softball Fees Subtotal$ 3 Otheradvertising$ ‐credit card fees$ 5 diii$domain registration$ ‐field use$ 5 first aid kits$ 2 Office Supplies / Copies$ ‐scholarships$ 5 sports conductor$ 5 trophies$ 5 umpires$ 20 yearbooks$ 5 Other Subtotal$ 52 Total$ 85 Item 8
"We must all hang together, or assuredly we shallallhang separately"‐BenFranklinDi ithTCilshall all hang separately. Ben Franklin Discussion on the Town Council strategic goal: Develop a plan to accommodate growth in youth sports andTownrecreationprogramsand Town recreation programs.Item 8
Issues as Growth Occurs•Facility usageFacilityusage•Improvements to different sports fields, what’s most importantp•Consistency in operations•Communication•Community feel•More than one organization for one sportgp•Accountability / financial controls•OrganizationalselfinterestOrganizational self interestItem 8
Current IssuesIdentifiedCurrent Issues Identified•Facility usage –coordination of multi use field space between sports•Abuse of facility usage by Recognized League members•ConsistencyinusageoffieldsforleaguesConsistency in usage of fields for leagues‐scheduled seasons, reservations, downtime for maintenance•Inconsistent procedures/operations, disciplinary actions, etc.Ittdiff ttfi ldht’titt•Improvements to different sports fields, what’s most important•Consistency in operations•Accountability / financial controlsy•Not prepared for growthItem 8
Solution:CentralizationSolution: Centralization•Objective leadership; fairness and equity as Objectiveleadership;fairnessandequityasleagues grow; consistency among sports•Facility utilizationy•Better oversight and accountability to ensure overall financial controls for each sport•Better objective planning and cohesiveness for future facilities•Keep a community feel•Advisory volunteer group to the TownItem 8
SingleSportsOrganizationModelSingle Sports Organization Model•OneunitedorganizationprovidingallyouthOne united organization providing all youth sports leagues•Annualelectionofsportscommissioners•Annual election of sports commissioners•Board over sport commissionersItem 8
BenefitsofSingleSportsOrganizationBenefits of Single Sports Organization•Looks out for entire community and all kids within, ISD relation•Better service to multiple sport participants•More accountability and financial controls – audit done by independent firmhdd l h•Sport heads can concentrate on sports and leave the accounting to the applicable admin. functions•One association works with municipality and ISDOtlidbitfllt•One centralized website for all sports•More buying power; look at the good for all kids and not just one sport•Sponsorsforoneorganization powerin unification•Sponsors for one organization, power in unification•Easier marketing/cross marketingItem 8
Board of Directors Model“Prosper Youth Sports Commission”•Each recognized sports league has a delegate g p ggmember on the board•Board: ld f b–Delegates: President of member organizations appointed as delegates (PYSA, Soccer, Baseball); –President, Vice President, Treasurer, Secretaryy–May also have members that support Prosper Youth Sports Commission (i.e. Town, PISD or any other sponsoring org.)sponsoringorg.)–Any additional board members could be added as deemed necessary Item 8
BenefitsofBoardofDirectors StructureBenefits of Board of Directors Structure•Field allocation between sports, commission as whole looking at big picture and handleswithinand handles within•Reporting and planning unified•Consistency and strength among sports – discipline hearings (problem with parent/coach known by all and consistent process), coaching certifications, bk dhkbackground checks–Ethics Committee: evaluate, monitor and assist in the conduct of participants, attendees, coaches, and referees for all sports; over appeals & discipline process for all violations; •Money still tracked per each league; Existing organizations are member organizations of the commission•Groups not liking things/rules and wanting to start a duplicated sport less likely with a strong, unified approach; one co‐sponsor/facility use agreementyg,pp ;p/yg•Overall accountability; option of paid staff member from registration feesItem 8
TownFacilityUseTown Facility Use•TownCo‐Sponsor/FacilityUse AgreementisTown CoSponsor/Facility Use Agreement is with the centralized commission thereby givingTownco‐sponsored(preferredgiving Town cosponsored (preferred organization) status to all member sport organizationsorganizationsItem 8
"We must all hang together, or assuredly weshallallhangassuredly we shall all hang separately." ‐Ben Franklin Item 8