01.14.2014 Town Council Packet
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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.
Recognition of the Prosper Christmas Festival Committee and volunteers. (HW)
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 – December 10, 2013
Special Called Meeting – December 16, 2013
5b. Receive the October 2013 financial report. (KA)
5c. Consider and act upon an ordinance rezoning 76.1± acres, located on the east
side of Legacy Drive, 1,400± feet north of Prosper Trail, from Agricultural (A) to
Planned Development-Single Family-15 (PD-SF-15). (Z13-0016). (CC)
5d. Consider and act upon an ordinance granting a Specific Use Permit (SUP) for a
concrete batching plant, on 5.0± acres, located on the west side of Dallas
Parkway, 900± feet south of First Street. The property is zoned Planned
Development-19-Commercial Corridor. (PD-19-CC). (S13-0001). (CC)
5e. 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)
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, January 14, 2014
6:00 p.m.
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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 Meeting Appearance Card” 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 “Public Meeting Appearance Card” 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 authorizing the Town Manager to execute a sales tax consultant
services agreement with MuniServices, LLC. (KA)
8. Consider and act upon an ordinance amending the FY 2013-2014 budget to establish a
part-time Municipal Court Clerk position and a full-time Library Director position. (KA)
9. Consider and act upon awarding Bid No. 2014-17-B to Superscapes, Inc., related to the
construction services for the First Street and Coit Road Landscape Improvements; and
authorizing the Town Manager to execute same. (PN)
10. Consider and act upon an amendment to the Capital Improvement Project (CIP) plan for
the design and construction of the Southwest Corner of Frontier Park Practice Field and
construction of the First Street and Coit Road Landscaping Improvement Project. (HW)
11. Consider and act upon authorizing the Town Manager to execute an agreement between
Dunaway Associates, LP and the Town of Prosper, Texas, related to the update of the
Parks, Recreation and Open Space Master Plan. (PN)
12. Consider and act upon appointing members to the Parks, Recreation and Open Space
Master Plan Advisory Committee. (PN)
13. Consider and act upon a resolution making a determination related to the creation of a
Neighborhood Empowerment Zone, creating Neighborhood Empowerment Zone No. 2,
and setting forth incentives authorized to be used by the Town. (CC)
14. Discussion on the design of Fire Station No. 2. (RT)
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15. 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:
15a. Section 551.087. To discuss and consider economic development incentives.
15b. 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.
15c. Section 551.071. Consultation with Town Attorney regarding legal issues
associated with proposed extraterritorial jurisdiction release, and all matters
incident and related thereto.
15d. Section 551.074. To discuss and review the Town Manager’s performance
evaluation.
16. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
17. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Missing Sidewalk Program. (FJ)
Naming of future thoroughfares. (CC)
18. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at the Town Hall 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 January 10, 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
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.
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NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, 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 6:01 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 Member Jason Dixon (arrived at 9:30 p.m.)
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Terrence Welch, Town Attorney
Hulon T. Webb, Jr., Executive Director of Development and Community Services
Chris Copple, Director of Development Services
Will Mitchell, Parks & Recreation Manager
Frank Jaromin, Public Works Director
Michael Bulla, CIP Project Manager
Matt Richardson, Senior Engineer
Trish Eller, Code Enforcement Officer
Kent Austin, Finance Director
January Cook, Purchasing Agent
Ronnie Tucker, Fire Chief
Kirk McFarlin, Police Chief
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Reverend Michael Gilton of St. Thomas Episcopal Church led the invocation. The
Pledge of Allegiance and the Pledge to the Texas Flag were recited.
3. Announcements of upcoming events.
Deputy Mayor Pro-Tem Dugger made the following announcements:
The Friends of the Prosper Community Library are sponsoring a Holiday Reading
Competition through January 1. The reading competition is open to all students, Pre-K
through High School, in order to sharpen their reading skills over the holiday break.
Prizes will be awarded for each age group. Students can register at the Prosper
Community Library.
MINUTES
Regular Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, December 10, 2013
Item 5a
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Prosper’s Christmas Festival will “Light Up The Night” on Saturday, December 14, in
Downtown Prosper, starting at 4:00 p.m. and concluding with a fireworks show at 8:00
p.m. The annual Prosper Rotary Christmas Parade will open the festivities, which will
also include a food and toy drive, Christmas lights, entertainment, activities, food, and of
course, Santa Claus.
The Prosper Police Department is holding its annual Cops with a Claus program to
assist families in need. Donations may be dropped off at Town Hall. Contact Assistant
Police Chief Gary McHone for more information.
The Prosper Fire Department will once again assist area churches and PAC Fitness in
the Angel Tree program by delivering toys and gifts to families in need this Christmas.
Contact a local church or PAC Fitness to participate in the Angel Tree program.
The Town Council would like to congratulate the Prosper Lady Eagles Volleyball Team
on finishing as state finalists this year. Several team members were named to the all-
region and all-state tournament teams.
Congratulations to the finalists of Prosper’s Punt, Pass, & Kick competition. Two finalists
from Rucker Elementary and Folsom Elementary will complete and be recognized this
Sunday at the Dallas Cowboys game against Green Bay. First place winners have the
chance to advance to the national competition held during a playoff game.
Deputy Mayor Pro-Tem Dugger asked Public Works Director Frank Jaromin, Police
Chief Kirk McFarlin, and Fire Chief Ronnie Tucker to give a brief update on the efforts of
each of their departments during the ice storm over the weekend. Several staff
members worked throughout the weekend to assist residents and motorists and to keep
the roads as safe as possible during the icy conditions. Deputy Mayor Pro-Tem Dugger
thanked all of the staff members on behalf of the Town Council.
From the audience, Jack Dixon announced a senior citizen luncheon that will be held at
the high school on Wednesday, December 11.
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 – November 12, 2013
4b. Consider and act upon authorizing the Town Manager to execute Service
Agreements, and a Telecommunications Account Agreement, between
TelePacific Communications, and the Town of Prosper, Texas, related to
Primary Rate Interface services. (JC)
4c. Receive the September 2013 financial report. (KA)
Item 5a
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4d. Receive the Quarterly Investment Report for the quarter ending September
30, 2013. (KA)
4e. Consider and act upon Ordinance No. 13-62, rezoning 12.3± acres, located
on the east side of future Windsong Parkway and the terminus of future
Acacia Parkway, to amend Planned Development-40 (PD-40), Exhibit C,
Section 1(f)(a)(C). (Z13-0017). (CC)
4f. Consider and act upon the appointment of a Chair and Vice-Chair of the
Parks and Recreation Board. (WM)
Deputy Mayor Pro-Tem Dugger made a motion and Mayor Pro-Tem Miller 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 “Public Meeting Appearance Card” and present it to the Town Secretary prior to the
meeting.)
Mayor Smith recognized the following individual who requested to speak:
Jack Dixon, 810 Long Valley Court, Prosper, spoke regarding the Atmos Energy rate
increase item from a previous meeting, and requested that in the future, residents be
given more notice of potential rate increases. Mr. Dixon commented on the library
presentation from the Texas Woman’s University business class from a previous
meeting, and urged the Council to continue to pursue a Town library, or a municipal
building/library complex. Finally, Mr. Dixon encouraged the Council to work toward
developing median cutouts at the railroad crossing at Prosper Trail.
There were no other Citizen Comments.
REGULAR AGENDA:
(If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Public Meeting Appearance Card” 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:
6. Conduct a Public Hearing, and consider and act upon a request to rezone 76.1±
acres, located on the east side of Legacy Drive, 1,400± feet north of Prosper Trail,
from Agricultural (A) to Planned Development-Single Family-15 (PD-SF-15). (Z13-
0016). (CC)
Item 5a
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Chris Copple, Development Services Director, presented this item before the Town
Council. The request is to rezone the property from Agricultural (A) to Planned
Development-Single Family-15 (PD-SF-15). Mr. Copple described the PD standards
that would vary from straight zoning. The request complies with the Future Land Use
Plan (FLUP) recommendation for low density residential uses for the property. Mr.
Copple reviewed lot sizes and other requirements for the PD, and answered questions
from Council regarding front-entry garages, setback requirements, and fencing. The
Planning and Zoning Commission recommended approval of this item, subject to the
following revision:
a. A maximum of ten (10) lots being between 13,500 square feet and 14,999 square
feet in area.
The applicant has revised Exhibit C to reflect the Planning & Zoning Commission’s
recommendation. Staff recommended approval of the request.
Mayor Pro-Tem Miller made a motion and Councilmember Korbuly seconded the motion
to open the Public Hearing. The motion was approved by a vote of 6-0.
Rob Baldwin, representing the developer, addressed the Council and answered
questions regarding setbacks, lot size, and the number of lots on the property. He noted
that the developer plans to submit a plat for approval after the first of the year.
With no-one else wishing to speak, Deputy Mayor Pro-Tem Dugger made a motion and
Mayor Pro-Tem Miller seconded the motion to close the Public Hearing. The motion was
approved by a vote of 6-0.
Mayor Pro-Tem Miller made a motion and Council Member Korbuly seconded the motion
to approve a request to rezone 76.1± acres, located on the east side of Legacy Drive,
1,400± feet north of Prosper Trail, from Agricultural (A) to Planned Development-Single
Family-15 (PD-SF-15). The motion was approved by a vote of 6-0.
7. Conduct a Public Hearing, and consider and act upon a request for a Specific Use
Permit (SUP) for a concrete batching plant, on 5.0± acres, located on the west side
of Dallas Parkway, 900± feet south of First Street. The property is zoned Planned
Development-19-Commercial Corridor. (PD-19-CC). (S13-0001). (CC)
Chris Copple, Development Services Director, presented this item before the Town
Council. In 2004, the Town Council adopted an ordinance rezoning the property
Planned Development-19 (PD-19). PD-19 states that a concrete batching plant is
permitted by right, only when an on-site billing office is included, for five years after the
adoption date of this PD. In 2011, Town Council adopted an ordinance granting a
Special Use Permit (SUP) allowing for the existing concrete batching plant to continue
operation subject to conditions. The applicant has submitted a SUP application
requesting to continue operation of the existing concrete batching plant. Mr. Copple
reviewed the criteria to determine the validity of a SUP request. The SUP request does
not conform to the FLUP. The Planning and Zoning Commission recommended
approval of the request, subject to the following conditions:
a. The SUP expires three years after the adoption of the ordinance. The applicant may
seek a renewal term to the SUP in order to continue the concrete batching plant use.
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b. An on-site billing office is required to continue the concrete batching plant use. All
concrete deliveries from the physical Prosper location shall be billed as taxable to the
Town of Prosper.
c. The Town of Prosper reserves the right to audit books to ensure that Prosper is the
primary HUB for tax revenue and upon inspections, if there are any failures to correct
errors; Town of Prosper reserves the right to revoke the SUP.
Town staff recommended denial of the request.
Mayor Pro-Tem Miller made a motion and Deputy Mayor Pro-Tem Dugger seconded the
motion to open the Public Hearing. The motion was approved by a vote of 6-0.
Jack Dixon, 810 Long Valley Court, Prosper, spoke in opposition to the item.
With no-one else wishing to speak, Deputy Mayor Pro-Tem Dugger made a motion and
Councilmember Wilson seconded the motion to close the Public Hearing. The motion
was approved by a vote of 6-0.
Mr. Copple answered questions from Council related to the length of the term requested,
ownership of the property, and the zoning of the surrounding property. Eric Philpot, a
representative of the applicant, addressed the Council. He explained his request for a
three-year term, indicating that the company was growing and his intention to buy new
vehicles. He explained that the term of the agreement may affect the company’s
decision to grow in the Prosper area.
After discussion, Mayor Pro-Tem Miller made a motion and Councilmember Vogelsang
seconded the motion to approve a request for a Specific Use Permit (SUP) for a
concrete batching plant, on 5.0± acres, located on the west side of Dallas Parkway,
900± feet south of First Street, subject to the recommendations by the Planning and
Zoning Commission. The motion was approved by a vote of 6-0.
DEPARTMENT ITEMS:
8. Consider and act upon an ordinance repealing and replacing Article 1.02 of the
Code of Ordinances regarding the Rules of Order and Procedure. (RB)
Town Secretary Robyn Battle presented this item before the Town Council. The current
Rules of Order and Procedure were adopted in 2006. Ms. Battle reviewed the objectives
for revising the Rules of Order and Procedure, and explained some of the proposed
revisions, which included removing the board appointment process from the Rules of
Order and Procedure, eliminating redundant provisions, streamlining Council
procedures, and correcting minor errors. Town staff recommended approval of this item.
Councilmember Korbuly made a motion and Councilmember Wilson seconded the
motion to approve Ordinance No. 13-63, repealing and replacing Article 1.02 of the Code
of Ordinances regarding the Rules of Order and Procedure. The motion was approved
by a vote of 6-0.
Item 5a
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9. Consider and act upon a resolution establishing Board and Commission
Appointment Policies and Procedures. (RB)
Town Secretary Robyn Battle presented this item before the Town Council. The
purpose of the proposed policy is to establish consistent procedures for the annual
board and commission appointment process, standardize the criteria for eligible
applicants, establish a timeline for the annual process, and identify the roles and
responsibilities for all parties involved in the appointment process, including the Town
Council, applicants, board members, and staff. Ms. Battle reviewed some of the main
points of the proposed policy, and answered questions from Council regarding mid-term
appointments, residency requirements, and application deadlines.
After discussion, Mayor Pro-Tem Miller made a motion and Councilmember Vogelsang
seconded the motion to approve Resolution No. 13-64, establishing Board and
Commission Appointment Policies and Procedures. The motion was approved by a vote
of 6-0.
10. Consider and act upon a resolution authorizing various individuals as signers of
specific accounts and certain investment matters. (KA)
Kent Austin, Finance Director, presented this item before the Town Council. This item
supersedes the action taken at the October 22, 2013, Town Council meeting, which
authorized individuals to perform electronic funds transfers. The new item includes bank
account signers, electronic funds transfers, and investment pools, and it also
supersedes Resolution 13-19, which was approved on February 26, 2013. The
proposed item authorizes individuals as signers for the Town’s bank accounts, ACH/wire
transfers, and TexPool/TexStar transactions.
After discussion, Council Member Vogelsang made a motion and Mayor Pro-Tem Miller
seconded the motion to adopt Resolution No. 13-65 authorizing various individuals as
signers of specific accounts and certain investment matters. The motion was approved
by a vote of 6-0.
11. Capital Improvement Projects update. (MB)
Michael Bulla, CIP Project Manager, presented this item before the Town Council. Mr.
Bulla reviewed projects that have recently been completed, projects currently under
design or construction, and remaining approved projects that have been funded. Hulon
Webb, Executive Director of Development and Community Services, and Town Manager
Harlan Jefferson answered questions related to the Coleman Road project. Mr. Bulla
then introduced Senior Engineer Matt Richardson to the Town Council.
No action was taken on this item.
12. Consider and act upon 1) a Development Agreement for the extension of a
sanitary sewer line to serve the Frontier Estates development between the Town
of Prosper, Texas, and Meritage Homes of Texas, LLC; and 2) authorizing the
Town Manager to execute same. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented
this item before the Town Council. Meritage Homes of Texas, LLC, is developing
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Frontier Estates, and they are required to extend an 18” sanitary sewer line from
approximately 5,000 feet west of the Preston Road and Frontier Parkway intersection to
their development along Preston Road. The purpose of the Development Agreement is
to outline the obligations of both the Town of Prosper and Meritage Homes of Texas,
LLC, related to the design, construction, credit, and reimbursement of collected sewer
impact fees to fund the project.
After discussion, Councilmember Korbuly made a motion and Councilmember Wilson
seconded the motion to approve a Development Agreement for the extension of a
sanitary sewer line to serve the Frontier Estates development between the Town of
Prosper, Texas, and Meritage Homes of Texas, LLC, and authorizing the Town Manager
to execute same. The motion was approved by a vote of 6-0.
13. Update on the design and construction of the Doe Branch Regional Wastewater
Treatment Plant. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented
this item before the Town Council. On December 4, 2007, the Town Council approved a
Regional Wastewater Treatment Services Contract with the Upper Trinity Regional
Water District (UTRWD) for sanitary sewer service for the western portion of the Town.
Mr. Webb reviewed the history of the project, including cost projections from 2007 and
current estimated costs as of 2013. The current timeline is to start construction in March
of 2014, with estimated completion by the end of 2015. Mr. Webb and Tom Taylor,
Executive Director of UTRWD, answered questions related to the substantial increase in
cost since 2007. Factors include market increase in construction costs, regulatory
changes since 2008, and the addition of an on-site facility to handle solids/sludge. The
options for funding the project are to either issue contract revenue bonds through
UTRWD, or for the Town to finance its portion of the costs. Town Manager Harlan
Jefferson and Jason Pierce from FirstSouthwest, the Town’s financial advisor, answered
questions from the Council related to the advantages of both funding options. George
Dupont, the Town’s representative on the UTRWD Board of Directors, spoke in favor of
the project, and commented on the funding options as well. While it is customary for
Towns to have other entities issue debt on their behalf on projects such as this one, it is
not uncommon, and both Mr. Jefferson and Mr. Pierce are not opposed to the Town
issuing its own debt for the project, which would save the Town approximately $1.2
million. The Town Council directed staff to proceed with the project, with the Town
issuing its own debt to fund the project. In order to meet the deadlines of the proposed
schedule, UTRWD would need funding delivered by March. To meet this deadline, Mr.
Pierce advised that the Town would need to approve a resolution to provide notice of
intent to issue certificates of obligation prior to the next regular Town Council meeting to
be held on January 14, 2014. The Town Council then called for a Special Called
Meeting to be held on Monday, December 16, 2013, to consider the item. No further
action was taken.
14. Discussion on park development and open space opportunities. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented
this item before the Town Council. At the October 22, 2013, Town Council meeting, staff
discussed several opportunities to develop open space sites as sports fields. Mr. Webb
reviewed the sites that Council had selected, and provided further programming
information. Town staff recommended proceeding with Site #1 (the southwest corner of
Item 5a
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Frontier Park), the installation of lighting on the southeast corner of Frontier Park, and to
wait until the Parks Master Plan is updated to identify any further permanent open space
improvements to existing parks. After discussion of the different options, the Town
Council directed staff to proceed with the development of Site #1 (southwest corner of
Frontier Park), proceed with the installation of athletic field lighting on the southeast
corner of Frontier Park, evaluate the options to removing the deed restricted 300’ light
buffer on the south and west side of Frontier Park, and to wait until the Parks Master
Plan needs assessment is complete before identifying any improvements to the north
side of Frontier Park and/or Sexton Park. No further action was taken.
15. Consider and act upon appointing members to the Northeast Fire Station site ad
hoc committee. (RT)
Fire Chief Ronnie Tucker presented this item before the Town Council. At the
September 24, 2013, Town Council meeting, the Town Council established an ad hoc
committee to assist with finding the best location for a fire station to serve the northeast
portion of Prosper. Chief Tucker recommended the following individuals to serve on the
committee:
Sara Fitzhugh
John Parsons
Greg Alford
Rudy Guerrero
Joe Jennings
D’Ann Williams
Ted Roepsch
George Dupont
Brandon Daniel
Kristine Tibbetts
Michele Williams
Jennifer Sanchez
After discussion, Councilmember Vogelsang made a motion and Deputy Mayor Pro-Tem
Dugger seconded the motion to appoint the proposed individuals to the Northeast Fire
Station ad hoc committee. The motion was approved by a vote of 6-0.
16. Update on the history of the dispatch center project. (RT)
Fire Chief Ronnie Tucker presented this item before the Town Council. Chief Tucker
reviewed the history of the dispatch center project. The Town previously partnered with
the City of Frisco, and then was unsuccessful in attempts to reach acceptable
agreements with Collin County and the City of Plano. The Town Council approved an
agreement with L3 for dispatch equipment for a Town-owned dispatch center in May of
2009. The dispatch center has three components: dispatch equipment, dispatchers,
and a radio system. At the time the contract was approved, the Town Council had the
understanding that the expected lifetime of the dispatch equipment would be 10 years.
Chief Tucker reported that in addition to the problems the Town is currently having with
the dispatch system, the radio system that was first put in place in 2009 was not initially
utilized by the fire department because it did not function properly. The Town Council
expressed that they were not aware, and should have been informed that the radio
system was not functioning properly. The Town’s current radio system, while functional,
has limitations because of the number of channels available. The Town Council directed
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staff to proceed with a solution for the dispatch center by going forward with an overall
strategy to provide a dispatch center that meets the Town’s needs, and utilizing any
available partnerships that are available to the Town. No further action was taken.
17. 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:
17a. Section 551.087. To discuss and consider economic development
incentives.
17b. 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.
17c. Section 551.071. Consultation with Town Attorney regarding legal issues
associated with proposed extraterritorial jurisdiction release, and all
matters incident and related thereto.
The Town Council recessed into Executive Session at 9:06 p.m.
Jason Dixon arrived at the meeting at 9:30 p.m.
Mayor Smith left the Executive Session at 9:50 p.m.
Mayor Smith returned to Executive Session at 10:50 p.m.
18. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Regular Session was reconvened at 10:55 p.m.
No action was taken as a result of Executive Session.
19. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Animal control ordinance update. (TE)
Code Compliance Officer Trish Eller updated the Town Council on the proposed
animal control ordinance revisions and reviewed the proposed changes. The Town
Council directed staff to release the proposed ordinance to the homeowner’s
associations (HOAs) within the Town for review and comment.
Staff was directed to increase signage in the Town parks, complexes, and
concession areas as needed to enforce the Town’s parks ordinance regarding
pets. The Town Council directed staff to include the prohibition of pets in
playground areas in the ordinance as a future agenda item.
Item 5a
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20. Adjourn.
Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Korbuly seconded
the motion to adjourn the meeting at 11:10 p.m., on Tuesday, December 10, 2013. The
motion was approved by a vote of 7-0.
These minutes approved on the 14th day of January, 2014.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 5a
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:00 p.m.
Councilmembers Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tem Kenneth Dugger
Councilmember Michael Korbuly
Councilmember Curry Vogelsang
Councilmember Danny Wilson
Councilmembers Absent:
Councilmember Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Hulon T. Webb, Jr., Executive Director of Development and Community Services
Kent Austin, Finance Director
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. Consider and take action on a resolution providing for publication of notice of
intent to issue Town of Prosper certificates of obligation to finance the Town's
portion of the expanded Upper Trinity Regional Water District Doe Branch Water
Reclamation Plant. (KA)
Finance Director Kent Austin presented this item before the Town Council. The
proposed resolution will initiate the process to pay for the Town’s share of the Doe
Branch wastewater treatment plant. At the December 10, 2013, Town Council meeting,
the Town Council received an update on the project and on financing alternatives.
Issuing Certificates of Obligation (COs), rather than allowing UTRWD to finance the
Town’s share, is estimated to save the Town $1.2 million over the 20-year life of the
COs. The proposed COs in an amount not to exceed $16.1 million would be repaid over
20 years through the Town’s water and sewer rates. Jason Hughes from
FirstSouthwest, the Town’s financial advisor, was present to answer questions from
Council. He answered questions regarding the Town’s debt service reserve fund, and
the Town’s credit rating. Tom Taylor, Executive Director of UTRWD, answered
questions about the estimated cost of the project, the funding options that are being
MINUTES
Special Called Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Monday, December 16, 2013
Item 5a
Page 2 of 2
considered by other participating entities, and when UTRWD will finalize negotiations
with bidders in order to determine a final “not to exceed” amount. Town Manager Harlan
Jefferson reported that the Town’s bond counsel has recommended that the Town
pursue a separate agreement at the February 11, 2014, Town Council meeting to outline
the terms and obligations for each participating entity in the project.
Councilmember Wilson made a motion and Councilmember Korbuly seconded the
motion to approve Resolution No. 13-66 providing for publication of notice of intent to
issue Town of Prosper certificates of obligation to finance the Town's portion of the
expanded Upper Trinity Regional Water District Doe Branch Water Reclamation Plant.
The motion was approved by a vote of 6-0.
4. Adjourn.
Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Korbuly seconded
the motion to adjourn the meeting at 6:22 p.m., on Monday, December 16, 2013. The
motion was approved by a vote of 6-0.
These minutes approved on the 14th day of January, 2014.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 5a
Prosper is a place where everyone matters.
MONTHLY FINANCIAL REPORT
OCTOBER 2013
Prepared by
Finance Department
January 9, 2014
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
OCTOBER 2013
Contents
General Fund 1
Water/Sewer Fund 2
Interest & Sinking Fund 3
Internal Service Fund 4
Storm Drainage Fund 5
Parks Dedication & Improvement Fund 6
Special Revenue Fund 7
Capital Projects Fund‐‐General 8
Capital Projects Fund‐‐Water/Sewer 9
Detail‐‐All Funds 10
Legend
"Compare to" refers to percentage of fiscal year completed‐‐e.g. 8.33% = 1/12, or October.
Parentheses around a number indicate credit amount or gain‐‐e.g., Sales Taxes (242,827)
Red, yellow, and green traffic lights indicate status of number compared to percentage of
fiscal year completed‐‐e.g., Sales Taxes 8.89
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
OCTOBER 2013
COMPARE TO:8.33%
Currrent Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
GENERAL FUND
Property Taxes ‐Current (5,176,475) (81,242) (81,242) 1.57
Sales Taxes (2,732,400) (242,827) (242,827) 8.89
Franchise Fees (473,000) (5,572) (5,572) 1.18
Building Permits (1,554,300) (162,921) (162,921) 10.48
Fines (215,000) (15,979) (15,979) 7.43
Other (1,610,142) (186,669) (186,669) 11.59
Total Revenues (11,761,317) (695,211) (695,211) 5.91
10 Administration 1,844,468 156,943 156,943 8.51
20 Police 1,834,258 65,992 65,992 3.60
25 Dispatch Department 644,690 49,025 49,025 7.60
30 Fire/EMS 2,566,238 135,963 135,963 5.30
35 Fire Marshall 123,595 5,931 5,931 4.80
40 Streets 1,367,305 20,564 20,564 1.50
45 Public Library 98,041 916 916 0.93
60 Parks and Recreation 1,778,550 40,856 40,856 2.30
70 Municipal Court 257,028 7,848 7,848 3.05
80 Inspections 796,782 19,628 19,628 2.46
85 Code Enforcement 164,151 3,089 3,089 1.88
90 Planning 495,505 11,520 11,520 2.32
98 Engineering 487,149 11,002 11,002 2.26
Total Expenses 12,457,760 529,276 529,276 4.25
(Gain)/Loss 696,443 (165,935) (165,935)
1 of 35
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
OCTOBER 2013
COMPARE TO:8.33%
Currrent Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
WATER‐SEWER FUND
Water revenues (5,671,600) (556,870) (556,870) 9.82
Sewer revenues (2,397,850) (235,110) (235,110) 9.81
Sanitation revenues (906,000) (87,817) (87,817) 9.69
Total Revenues (8,975,450) (879,797) (879,797) 9.80
50 Water 6,436,590 252,395 252,395 3.92
55 Sewer 1,868,706 206,808 206,808 11.07
57 Utility Billing 972,042 11,807 11,807 1.21
Total Expenses 9,277,338 471,009 471,009 5.08
(Gain)/Loss 301,888 (408,789) (408,789)
2 of 35
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
OCTOBER 2013
COMPARE TO:8.33%
Currrent Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
INTEREST & SINKING FUND
Property Taxes ‐Delinquent (30,000) (13,517) (13,517) 45.06
Property Taxes ‐Current (2,763,240) (48,271) (48,271) 1.75
Taxes ‐Penalties (18,000) (3,665) (3,665) 20.36
Interest Income (12,000) (636) (636) 5.30
Total Revenues (2,823,240) (66,088) (66,088) 2.34
2013 GO Ref Bond 282,672 ‐
2010 Tax Note Payment 365,166 ‐
2011 Ref Bond Pmt 177,791 ‐
2012 GO Bond Payment 112,413 ‐
2004 CO Bond Payment 329,992 ‐
2006 Bond Payment 455,033 ‐
2008 CO Bond Payment 1,078,313 ‐
Bond Administrative Fees 20,000 ‐
Total Expenses 2,821,380 ‐ ‐ ‐
(Gain)/Loss (1,860) (66,088) (66,088)
3 of 35
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
OCTOBER 2013
COMPARE TO:8.33%
Currrent Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
INTERNAL SERVICE FUND‐‐MEDICAL EXPENSE REIMBURSEMENT PROGRAM
Charges for Services (30,000) ‐
Interest Income (500) (59) (59) 11.75
Transfer In (19,160) ‐
Total Revenue (49,660) (59) (59) 0.12
MERP H & D Expense ‐ GF 49,000 ‐
Total Expenses 49,000 ‐ ‐ ‐
(Gain)/Loss (660) (59) (59)
4 of 35
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
OCTOBER 2013
COMPARE TO:8.33%
Currrent Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
STORM DRAINAGE UTILITY FUND
Storm Drainage Utility Fee (228,800) (19,931) (19,931) 8.71
Interest Storm Utility (1,600) (152) (152) 9.49
Total Revenue (230,400) (20,083) (20,083) 8.72
Personnel Expenses 42,649 2,894 2,894 6.79
Program Expenses 351,351 1,346 1,346 0.38
Total Expenses 394,000 4,240 4,240 1.08
(Gain)/Loss 163,600 (15,843) (15,843)
5 of 35
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
OCTOBER 2013
COMPARE TO:8.33%
Currrent Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
PARK DEDICATION AND IMPROVEMENT FUND
Park Dedication‐Fees (100,000) ‐
Park Improvement (200,000) ‐
Interest‐Park Dedication (1,200) (118) (118) 9.83
Interest‐Park Improvements (350) (71) (71) 20.21
Total Revenue (301,550) (189) (189) 0.06
Miscellaneous Expense 10 10 ‐
Professional Services‐Pk Imp 20,000 ‐
Capital Exp‐Pk Improvements 30,000 ‐
Capital Exp‐Pk Dedication 650,000 ‐
Total Expenses 700,000 10 10 0.00
(Gain)/Loss 398,450 (179) (179)
6 of 35
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
OCTOBER 2013
COMPARE TO:8.33%
Currrent Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
IMPACT FEES FUND
Impact Fees ‐Water (800,000) (375,405) (375,405) 46.93
Impact Fees ‐Sewer (700,000) (42,483) (42,483) 6.07
Thoroughfare Impact Fees (1,100,000) (114,595) (114,595) 10.42
West Thorfare Imp. Fees Rev (70,813) (70,813) ‐
Interest‐Water Impact Fee (4,000) (264) (264) 6.60
Interest‐Sewer Impact Fee (4,000) (117) (117) 2.93
Interest‐Thorfare Imp Fee (12,000) (201) (201) 1.68
Interest‐West Thorfare imp fee (73) (73) ‐
Total Revenue (2,620,000) (603,951) (603,951) 23.05
Professional Serv‐Water Imp Fe 1,220,000 ‐
Professional Serv‐Sewer Imp Fe 255,000 ‐
Professional Serv‐Thorfare Imp 60,000 ‐
Transfer to Capital Proj Fund 300,000 ‐
Total Expenses 1,835,000 ‐ ‐ ‐
(Gain)/Loss (785,000) (603,951) (603,951)
7 of 35
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
OCTOBER 2013
COMPARE TO:8.33%
Currrent Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
SPECIAL REVENUE FUND
Police Donation Inc (16,000) (791) (791) 4.94
Fire Dept‐Donation Inc (12,000) (1,807) (1,807) 15.06
Safety Fair Donations (2,000) ‐
Child Safety Inc (9,000) ‐
Court Security Revenue (2,900) (349) (349) 12.04
Technology Fd Revenue (4,000) (466) (466) 11.64
Interest Income (439) (439) ‐
Country Xmas Donations (10,000) (750) (750) 7.50
Tree Mitigation Revenue (14,175) (14,175) ‐
Cash Seizure Forfeit‐PD (500) ‐
Total Revenue (56,400) (18,777) (18,777) 33.29
Country Xmas Expense 10,000 ‐
Court Technology Expense 12,200 ‐
Court Security Expense 2,500 ‐
Police Donation Exp 8,000 ‐
Fire Dept Donation Exp 8,000 275 275 3.44
Health & Safety Fair Exp 1,500 ‐
Child Safety Expense 1,000 ‐
Escrow Expense 15,500 ‐
Special Operations 500 ‐
Total Expenses 59,200 275 275 0.47
(Gain)/Loss 2,800 (18,502) (18,502)
8 of 35
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
OCTOBER 2013
COMPARE TO:8.33%
Currrent Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
CAPITAL PROJECTS‐‐GENERAL GOVERNMENTAL
Interest‐2004 Bond (1,000) (173) (173) 17.31
Interest‐2006 Bond (1,000) (31) (31) 3.09
Interest 2008 Bond (1,000) (2,174) (2,174) 217.36
Interest‐2011 Refd Bond (70) ‐
Interest 2012 GO Bond (5,000) (1,139) (1,139) 22.78
Bond Proceeds (1,965,000) ‐
Total Revenue (1,973,070) (3,516) (3,516) 0.18
Salaries & Wages 92,820 3,066 3,066 3.30
Salaries ‐ Longevity 459 ‐
Salary ‐ Incentive 300 ‐
Social Security Expense 5,802 190 190 3.28
Medicare Expense 1,357 44 44 3.28
SUTA Expense 93 ‐
Health Insurance 5,400 ‐
Dental Insurance 360 ‐
Life Insurance/AD&D 114 4 4 3.11
Liability (TML) Workers' Comp 118 146 146 123.45
TMRS Expense 9,826 322 322 3.28
Long Term/Short Term Disabilit 173 ‐
WELLE‐Wellness Prog Reimb‐Empl 420 ‐
Construction 4,662,758 ‐
Total Expenses 4,780,000 3,771 3,771 0.08
(Gain)/Losss 2,806,930 255 255
9 of 35
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
OCTOBER 2013
COMPARE TO:8.33%
Currrent Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
CAPITAL PROJECTS‐‐WATER/SEWER
Interest Income (50,000) (3,798) (3,798) 7.60
Transfer from CP (75) ‐ ‐ ‐
Bond Proceeds (1,000,000) ‐ ‐ ‐
Total Revenue (1,050,000) (3,798) (3,798) 0.36
Professional Services ‐ ‐ ‐
Construction 1,000,000 ‐ ‐ ‐
Construction 1202‐WA ‐ ‐ ‐
Construction 1203‐SW 147 147 ‐
Construction 1203‐WA 239 239 ‐
Total Expenses 1,000,000 386 386 0.04
(Gain)/Loss (50,000) (3,412) (3,412)
10 of 35
Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐4035‐10‐00 3% Construction Fee (75,000.00) (75,000.00) (1,250.00) (1,250.00) 1.67 10‐4060‐10‐00 NSF Fees (50.00) (50.00) ‐ 10‐4061‐10‐00 Notary Fees (150.00) (150.00) (5.00) (5.00) 3.33 10‐4105‐10‐00 Property Taxes ‐Delinquent (45,000.00) (45,000.00) (21,395.58) (21,395.58) 47.55 10‐4110‐10‐00 Property Taxes ‐Current (5,176,475.00) (5,176,475.00) (81,242.37) (81,242.37) 1.57 10‐4115‐10‐00 Taxes ‐Penalties (20,000.00) (20,000.00) (5,925.94) (5,925.94) 29.63 10‐4120‐10‐00 Sales Taxes (2,732,400.00) (2,732,400.00) (242,827.21) (242,827.21) 8.89 10‐4130‐10‐00 Sales Tax‐Mixed Beverage (4,500.00) (4,500.00) ‐ 10‐4140‐10‐00 Franchise Taxes ‐ Electric (270,000.00) (270,000.00) ‐ 10‐4150‐10‐00 Franchise Taxes ‐ Telephone (100,000.00) (100,000.00) (55.68) (55.68) 0.06 10‐4160‐10‐00 Franchise Taxes ‐ Gas (80,000.00) (80,000.00) ‐ 10‐4170‐10‐00 Franchise Taxes ‐ Road Usage (3,500.00) (3,500.00) (566.76) (566.76) 16.19 10‐4190‐10‐00 Franchise Fee‐Cable (19,500.00) (19,500.00) (4,949.52) (4,949.52) 25.38 10‐4200‐10‐00 T‐Mobile Fees (20,700.00) (20,700.00) (1,725.00) (1,725.00) 8.33 10‐4201‐10‐00 Tierone Converged Network (30,000.00) (30,000.00) (1,500.00) (1,500.00) 5.00 10‐4202‐10‐00 NTTA Tag Sales (150.00) (150.00) ‐ 10‐4205‐10‐00 Internet America (18,000.00) (18,000.00) (1,500.00) (1,500.00) 8.33 10‐4218‐10‐00 Administrative Fees‐EDC (2,400.00) (2,400.00) (200.00) (200.00) 8.33 10‐4610‐10‐00 Interest Income (60,000.00) (60,000.00) (2,579.84) (2,579.84) 4.30 10‐4910‐10‐00 Other Revenue (20,000.00) (20,000.00) (6,824.53) (6,824.53) 34.12 10‐4995‐10‐00 Transfer In (801,700.00) (801,700.00) (66,808.33) (66,808.33) 8.33 Subtotal object ‐ 0 (9,479,525.00) (9,479,525.00) (439,355.76) (439,355.76) 4.64 Pb(9 479 525 00)(9 479 525 00)(439 355 76)(439 355 76)464Program number: (9,479,525.00) (9,479,525.00) (439,355.76) (439,355.76) 4.64 Department number: 10 Administration (9,479,525.00) (9,479,525.00) (439,355.76) (439,355.76) 4.64 10‐4230‐20‐00 Other Permits (75.00) (75.00) ‐ 10‐4440‐20‐00 Accident Reports (1,500.00) (1,500.00) (67.00) (67.00) 4.47 10‐4450‐20‐00 Alarm Fee (39,000.00) (39,000.00) (2,952.00) (2,952.00) 7.57 Subtotal object ‐ 0 (40,500.00) (40,500.00) (3,094.00) (3,094.00) 7.64 Program number: (40,500.00) (40,500.00) (3,094.00) (3,094.00) 7.64 Department number: 20 Police (40,500.00) (40,500.00) (3,094.00) (3,094.00) 7.64 10‐4310‐30‐00 Charges for Services (177,000.00) (177,000.00) (6,260.53) (6,260.53) 3.54 Subtotal object ‐ 0 (177,000.00) (177,000.00) (6,260.53) (6,260.53) 3.54 Program number: (177,000.00) (177,000.00) (6,260.53) (6,260.53) 3.54 Department number: 30 Fire/EMS (177,000.00) (177,000.00) (6,260.53) (6,260.53) 3.54 10‐4315‐35‐00 Fire Review/Inspect Fees (11,000.00) (11,000.00) (1,200.00) (1,200.00) 10.91 Subtotal object ‐ 0 (11,000.00) (11,000.00) (1,200.00) (1,200.00) 10.91 Program number: (11,000.00) (11,000.00) (1,200.00) (1,200.00) 10.91 Department number: 35 Fire Marshall (11,000.00) (11,000.00) (1,200.00) (1,200.00) 10.91 10‐4510‐45‐00 Grants (18,087.00) (18,087.00) ‐ 10‐4910‐45‐00 Other Revenue (125.00) (125.00) ‐ Subtotal object ‐ 0 (18,212.00) (18,212.00) ‐ DETAIL PAGE 13 OF 3711 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual Program number: (18,212.00) (18,212.00) ‐ Department number: 45 Public Library (18,212.00) (18,212.00) ‐ 10‐4056‐60‐00 Field Rental Fees (17,000.00) (17,000.00) (2,894.14) (2,894.14) 17.02 10‐4057‐60‐00 Pavilion User Fees (1,400.00) (1,400.00) (250.00) (250.00) 17.86 10‐4910‐60‐00 Other Revenue (15,250.00) (15,250.00) ‐ Subtotal object ‐ 0 (33,650.00) (33,650.00) (3,144.14) (3,144.14) 9.34 Program number: (33,650.00) (33,650.00) (3,144.14) (3,144.14) 9.34 Department number: 60 Parks and Recreation (33,650.00) (33,650.00) (3,144.14) (3,144.14) 9.34 10‐4030‐70‐00 Miscellaneous (248.00) (248.00) ‐ 10‐4410‐70‐00 Fines (215,000.00) (215,000.00) (15,979.27) (15,979.27) 7.43 10‐4610‐70‐00 Interest Income (130.00) (130.00) (28.87) (28.87) 22.21 Subtotal object ‐ 0 (215,130.00) (215,130.00) (16,256.14) (16,256.14) 7.56 Program number: (215,130.00) (215,130.00) (16,256.14) (16,256.14) 7.56 Department number: 70 Municipal Court (215,130.00) (215,130.00) (16,256.14) (16,256.14) 7.56 10‐4011‐80‐00 Permit Application Fee (42,549.51) (42,549.51) ‐ 10‐4017‐80‐00 Registration Fee (32,000.00) (32,000.00) (1,700.00) (1,700.00) 5.31 10‐4210‐80‐00 Building Permits (1,554,300.00) (1,554,300.00) (162,921.09) (162,921.09) 10.48 10‐4230‐80‐00 Other Permits (100,000.00) (100,000.00) (8,100.00) (8,100.00) 8.10 10‐4240‐80‐00 Plumb/Elect/Mech Permits (15,000.00) (15,000.00) (1,740.00) (1,740.00) 11.60 10‐4242‐80‐00 Re‐inspection Fees (15,000.00) (15,000.00) (2,455.00) (2,455.00) 16.37 10‐4910‐80‐00 Other Revenue (3,000.00) (3,000.00) (150.00) (150.00) 5.00 Subtotal object ‐ 0 (1,719,300.00) (1,719,300.00) (219,615.60) (219,615.60) 12.77 Pb(1 719 300 00)(1 719 300 00)(219 615 60)(219 615 60)12 77Program number: (1,719,300.00) (1,719,300.00) (219,615.60) (219,615.60) 12.77 Department number: 80 Inspections (1,719,300.00) (1,719,300.00) (219,615.60) (219,615.60) 12.77 10‐4245‐85‐00 Health Inspections (7,000.00) (7,000.00) (1,800.00) (1,800.00) 25.71 10‐4910‐85‐00 Other Revenue (500.00) (500.00) ‐ Subtotal object ‐ 0 (7,000.00) (7,000.00) (2,300.00) (2,300.00) 32.86 Program number: (7,000.00) (7,000.00) (2,300.00) (2,300.00) 32.86 Department number: 85 Code Enforcement (7,000.00) (7,000.00) (2,300.00) (2,300.00) 32.86 10‐4220‐90‐00 Zoning Permits (10,000.00) (10,000.00) ‐ 10‐4225‐90‐00 Plat Fees (50,000.00) (50,000.00) (3,465.00) (3,465.00) 6.93 10‐4910‐90‐00 Other Revenue (520.00) (520.00) ‐ Subtotal object ‐ 0 (60,000.00) (60,000.00) (3,985.00) (3,985.00) 6.64 Program number: (60,000.00) (60,000.00) (3,985.00) (3,985.00) 6.64 Department number: 90 Planning (60,000.00) (60,000.00) (3,985.00) (3,985.00) 6.64 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (11,761,317.00) (11,761,317.00) (695,211.17) (695,211.17) 5.91 10‐5110‐10‐00 Salaries & Wages 766,763.00 766,763.00 23,925.38 23,925.38 3.12 10‐5115‐10‐00 Salaries ‐ Overtime 6,031.00 6,031.00 ‐ 10‐5140‐10‐00 Salaries ‐ Longevity Pay 1,338.00 1,338.00 ‐ 10‐5141‐10‐00 Salaries ‐ Incentive 24,343.00 24,343.00 ‐ 10‐5142‐10‐00 Car Allowance 207.70 207.70 ‐ DETAIL PAGE 14 OF 3712 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5145‐10‐00 Social Security Expense 49,505.00 49,505.00 1,043.40 1,043.40 2.11 10‐5150‐10‐00 Medicare Expense 11,578.00 11,578.00 332.08 332.08 2.87 10‐5155‐10‐00 SUTA Expense 798.00 798.00 ‐ 10‐5160‐10‐00 Health Insurance 49,119.00 49,119.00 1,592.12 1,592.12 3.24 10‐5165‐10‐00 Dental Insurance 3,275.00 3,275.00 65.18 65.18 1.99 10‐5170‐10‐00 Life Insurance/AD&D 777.00 777.00 34.27 34.27 4.41 10‐5175‐10‐00 Liability (TML) Workers' Comp 1,010.00 1,010.00 2,655.53 2,655.53 262.92 10‐5176‐10‐00 TML Prop. & Liab. Insurance 100,000.00 100,000.00 76,310.30 76,310.30 76.31 10‐5180‐10‐00 TMRS Expense 83,840.00 83,840.00 2,535.64 2,535.64 3.02 10‐5185‐10‐00 Long Term/Short Term Disabilit 1,072.00 1,072.00 ‐ 10‐5186‐10‐00 WELLE‐Wellness Prog Reimb Empl 3,780.00 3,780.00 15.75 15.75 0.42 10‐5190‐10‐00 Contract Labor 35,000.00 35,000.00 467.50 467.50 1.34 10‐5191‐10‐00 Hiring Cost 15,000.00 15,000.00 ‐ 10‐5193‐10‐00 Records Retention 1,000.00 1,000.00 ‐ 10‐5210‐10‐00 Office Supplies 5,000.00 5,000.00 270.40 270.40 5.41 10‐5212‐10‐00 Building Supplies 1,500.00 1,500.00 88.14 88.14 5.88 10‐5230‐10‐00 Dues,Fees,& Subscriptions 10,000.00 10,000.00 1,338.00 1,338.00 13.38 10‐5240‐10‐00 Postage and Delivery 3,000.00 3,000.00 ‐ 10‐5250‐10‐00 Publications 500.00 500.00 ‐ 10‐5260‐10‐00 Advertising 300.00 300.00 ‐ 10‐5270‐10‐00 Bank Charges 200.00 200.00 ‐ 10‐5280‐10‐00 Printing and Reproduction 2,000.00 2,000.00 110.18 110.18 5.51 10 5305 10 00Ch t380PGtE10 000 0010 000 00 10‐5305‐10‐00 Chapt 380 Program Grant Exp 10,000.00 10,000.00 ‐ 10‐5310‐10‐00 Rental Expense 58,782.00 58,782.00 174.95 174.95 0.30 10‐5330‐10‐00 Copier Expense 27,000.00 27,000.00 1,710.00 1,710.00 6.33 10‐5340‐10‐00 Building Repairs 2,500.00 2,500.00 ‐ 10‐5410‐10‐00 Professional Services 45,000.00 45,000.00 3,000.00 3,000.00 6.67 10‐5412‐10‐00 Audit Fees 40,000.00 40,000.00 ‐ 10‐5414‐10‐00 Appraisal / Tax Fees 53,000.00 53,000.00 ‐ 10‐5418‐10‐00 IT Fees 135,000.00 135,000.00 9,544.20 9,544.20 7.07 10‐5419‐10‐00 IT Licenses 10,000.00 10,000.00 2,720.00 2,720.00 27.20 10‐5430‐10‐00 Legal Fees 40,000.00 40,000.00 152.00 152.00 0.38 10‐5435‐10‐00 Legal Notices/Filings 8,500.00 8,500.00 441.00 441.00 5.19 10‐5460‐10‐00 Election Expense 15,000.00 15,000.00 62.10 62.10 0.41 10‐5480‐10‐00 Contracted Services 18,000.00 18,000.00 10,021.48 10,021.48 55.68 10‐5520‐10‐00 Telephones 18,000.00 18,000.00 7,061.74 7,061.74 39.23 10‐5521‐10‐00 Cell Phone Expense 6,000.00 6,000.00 ‐ 10‐5524‐10‐00 Gas‐Building 500.00 500.00 ‐ 10‐5525‐10‐00 Electricity 10,000.00 10,000.00 ‐ 10‐5526‐10‐00 Data Network 15,000.00 15,000.00 2,837.40 2,837.40 18.92 10‐5530‐10‐00 Travel/Lodging/Meals Expense 8,000.00 8,000.00 594.95 594.95 7.44 DETAIL PAGE 15 OF 3713 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5532‐10‐00 Entertainment 750.00 750.00 ‐ 10‐5533‐10‐00 Mileage Expense 5,000.00 5,000.00 ‐ 10‐5536‐10‐00 Training/Seminars 40,000.00 40,000.00 4,345.00 4,345.00 10.86 10‐5538‐10‐00 Council/Public Official Expens 20,000.00 20,000.00 3,104.83 3,104.83 15.52 10‐5600‐10‐00 Special Events 38,000.00 38,000.00 181.44 181.44 0.48 10‐7000‐10‐00 Contingency 26,707.00 26,707.00 ‐ 10‐7143‐10‐00 Transfer to Internal Serv. Fd 17,000.00 17,000.00 ‐ Subtotal object ‐ 0 1,844,468.00 1,844,468.00 156,942.66 156,942.66 8.51 Program number: 1,844,468.00 1,844,468.00 156,942.66 156,942.66 8.51 Department number: 10 Administration 1,844,468.00 1,844,468.00 156,942.66 156,942.66 8.51 10‐5110‐20‐00 Salaries & Wages 966,557.00 966,557.00 29,209.78 29,209.78 3.02 10‐5115‐20‐00 Salaries ‐ Overtime 35,000.00 35,000.00 1,099.19 1,099.19 3.14 10‐5127‐20‐00 Salaries‐Certification Pay 11,800.00 11,800.00 452.77 452.77 3.84 10‐5140‐20‐00 Salaries ‐ Longevity Pay 5,690.00 5,690.00 ‐ 10‐5145‐20‐00 Social Security Expense 63,026.00 63,026.00 1,827.69 1,827.69 2.90 10‐5150‐20‐00 Medicare Expense 14,740.00 14,740.00 427.45 427.45 2.90 10‐5155‐20‐00 SUTA Expense 1,017.00 1,017.00 ‐ 10‐5160‐20‐00 Health Insurance 86,971.00 86,971.00 2,992.52 2,992.52 3.44 10‐5165‐20‐00 Dental Insurance 5,798.00 5,798.00 152.08 152.08 2.62 10‐5170‐20‐00 Life Insurance/AD&D 798.00 798.00 162.29 162.29 20.34 10‐5175‐20‐00 Liability (TML) Workers' Comp 1,286.00 1,286.00 22,272.23 22,272.23 ####### 10‐5180‐20‐00 TMRS Expense 106,737.00 106,737.00 3,238.28 3,238.28 3.03 10 5185 20 00LT/ShtTDi bilit933 00933 00 10‐5185‐20‐00 Long Term/Short Term Disabilit 933.00 933.00 ‐ 10‐5186‐20‐00 WELLE‐Wellness Prog Reimb Empl 6,720.00 6,720.00 78.75 78.75 1.17 10‐5190‐20‐00 Contract Labor 6,000.00 6,000.00 380.00 380.00 6.33 10‐5191‐20‐00 Hiring Cost 900.00 900.00 ‐ 10‐5192‐20‐00 Physical & Psychological 825.00 825.00 ‐ 10‐5210‐20‐00 Office Supplies 10,500.00 10,500.00 88.95 88.95 0.85 10‐5212‐20‐00 Building Supplies 2,500.00 2,500.00 ‐ 10‐5214‐20‐00 Tactical Supplies 37,190.00 37,190.00 ‐ 10‐5215‐20‐00 Ammunition 6,000.00 6,000.00 807.70 807.70 13.46 10‐5220‐20‐00 Office Equipment 1,400.00 1,400.00 ‐ 10‐5230‐20‐00 Dues,Fees,& Subscriptions 7,000.00 7,000.00 151.66 151.66 2.17 10‐5240‐20‐00 Postage and Delivery 750.00 750.00 ‐ 10‐5250‐20‐00 Publications 500.00 500.00 ‐ 10‐5260‐20‐00 Advertising 250.00 250.00 ‐ 10‐5265‐20‐00 Promotional Expense 2,250.00 2,250.00 ‐ 10‐5280‐20‐00 Printing and Reproduction 500.00 500.00 ‐ 10‐5310‐20‐00 Rental Expense 3,000.00 3,000.00 ‐ 10‐5320‐20‐00 Repairs & Maintenance 750.00 750.00 ‐ 10‐5330‐20‐00 Copier Expense 445.38 445.38 ‐ DETAIL PAGE 16 OF 3714 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5335‐20‐00 Radio/Video Repairs 2,000.00 2,000.00 ‐ 10‐5340‐20‐00 Building Repairs 1,000.00 1,000.00 ‐ 10‐5350‐20‐00 Vehicle Expense 60,000.00 60,000.00 1,143.23 1,143.23 1.91 10‐5352‐20‐00 Fuel 80,000.00 80,000.00 ‐ 10‐5353‐20‐00 Oil/Grease/Inspections 2,150.00 2,150.00 ‐ 10‐5400‐20‐00 Uniform Expense 16,500.00 16,500.00 ‐ 10‐5410‐20‐00 Professional Services 760.00 760.00 ‐ 10‐5415‐20‐00 Tuition Reimbursement 12,000.00 12,000.00 ‐ 10‐5418‐20‐00 IT Fees 3,950.00 3,950.00 ‐ 10‐5419‐20‐00 IT Licenses 3,000.00 3,000.00 ‐ 10‐5430‐20‐00 Legal Fees 10,000.00 10,000.00 ‐ 10‐5480‐20‐00 Contracted Services 20,000.00 20,000.00 21.48 21.48 0.11 10‐5520‐20‐00 Telephones 8,000.00 8,000.00 815.99 815.99 10.20 10‐5521‐20‐00 Cell Phone Expense 5,000.00 5,000.00 ‐ 10‐5525‐20‐00 Electricity 10,000.00 10,000.00 ‐ 10‐5526‐20‐00 Data Network 13,760.00 13,760.00 569.85 569.85 4.14 10‐5530‐20‐00 Travel/Lodging/Meals Expense 5,000.00 5,000.00 (445.38) (445.38) (8.91) 10‐5533‐20‐00 Mileage Expense 2,500.00 2,500.00 ‐ 10‐5536‐20‐00 Training/Seminars 26,500.00 26,500.00 ‐ 10‐5600‐20‐00 Special Events 10,500.00 10,500.00 100.00 100.00 0.95 10‐5630‐20‐00 Safety Equipment 18,750.00 18,750.00 ‐ 10‐5640‐20‐00 Signs & Hardware 500.00 500.00 ‐ 10 6160 20 00CitlEditVhil135 000 00135 000 00 10‐6160‐20‐00 Capital Expenditure ‐ Vehicles 135,000.00 135,000.00 ‐ Subtotal object ‐ 0 1,834,258.00 1,834,258.00 65,991.89 65,991.89 3.60 Program number: 1,834,258.00 1,834,258.00 65,991.89 65,991.89 3.60 Department number: 20 Police 1,834,258.00 1,834,258.00 65,991.89 65,991.89 3.60 10‐5110‐25‐00 Salaries & Wages 312,860.00 312,860.00 8,897.67 8,897.67 2.84 10‐5115‐25‐00 Salaries ‐ Overtime 15,000.00 15,000.00 808.44 808.44 5.39 10‐5127‐25‐00 Salaries‐Certification Pay 7,000.00 7,000.00 216.00 216.00 3.09 10‐5140‐25‐00 Salaries ‐ Longevity Pay 1,507.00 1,507.00 ‐ 10‐5145‐25‐00 Social Security Expense 20,855.00 20,855.00 571.90 571.90 2.74 10‐5150‐25‐00 Medicare Expense 4,877.00 4,877.00 133.76 133.76 2.74 10‐5155‐25‐00 SUTA Expense 336.00 336.00 ‐ 10‐5160‐25‐00 Health Insurance 37,800.00 37,800.00 1,211.53 1,211.53 3.21 10‐5165‐25‐00 Dental Insurance 2,520.00 2,520.00 54.31 54.31 2.16 10‐5170‐25‐00 Life Insurance 416.00 416.00 17.73 17.73 4.26 10‐5175‐25‐00 Liability (TML) Workers' Comp 426.00 426.00 642.47 642.47 150.82 10‐5180‐25‐00 TMRS Expense 34,483.00 34,483.00 901.48 901.48 2.61 10‐5185‐25‐00 Long Term/Short Term Disabilit 350.00 350.00 ‐ 10‐5186‐25‐00 WELLE‐Wellness Prog Reimb Empl 3,360.00 3,360.00 47.25 47.25 1.41 10‐5191‐25‐00 Hiring Cost 300.00 300.00 ‐ DETAIL PAGE 17 OF 3715 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5192‐25‐00 Physical & Psychological 300.00 300.00 ‐ 10‐5210‐25‐00 Supplies 3,000.00 3,000.00 ‐ 10‐5212‐25‐00 Building Supplies 1,500.00 1,500.00 ‐ 10‐5220‐25‐00 Office Equipment 2,440.00 2,440.00 20.50 20.50 0.84 10‐5230‐25‐00 Dues,Fees,& Subscriptions 2,000.00 2,000.00 58.98 58.98 2.95 10‐5240‐25‐00 Postage and Delivery 100.00 100.00 ‐ 10‐5250‐25‐00 Publications 100.00 100.00 ‐ 10‐5280‐25‐00 Printing and Reproduction 100.00 100.00 ‐ 10‐5320‐25‐00 Repairs & Maintenance 500.00 500.00 ‐ 10‐5340‐25‐00 Building Repairs 750.00 750.00 ‐ 10‐5400‐25‐00 Uniform Expense 1,710.00 1,710.00 ‐ 10‐5415‐25‐00 Tuition Reimbursement 6,000.00 6,000.00 ‐ 10‐5418‐25‐00 IT Fees 4,500.00 4,500.00 322.50 322.50 7.17 10‐5419‐25‐00 IT Licenses 5,000.00 5,000.00 ‐ 10‐5430‐25‐00 Legal Fees 2,450.00 2,450.00 ‐ 10‐5480‐25‐00 Contracted Services 155,000.00 155,000.00 33,999.56 33,999.56 21.94 10‐5520‐25‐00 Telephones 2,500.00 2,500.00 143.58 143.58 5.74 10‐5521‐25‐00 Cell Phone Expense 700.00 700.00 ‐ 10‐5524‐25‐00 Gas‐Building 400.00 400.00 ‐ 10‐5526‐25‐00 Data Network 4,600.00 4,600.00 358.12 358.12 7.79 10‐5530‐25‐00 Travel/Lodging/Meals Expense 1,950.00 1,950.00 583.05 583.05 29.90 10‐5533‐25‐00 Mileage Expense 1,000.00 1,000.00 36.05 36.05 3.61 10 5536 25 00Tii/S i5 000 005 000 00 10‐5536‐25‐00 Training/Seminars 5,000.00 5,000.00 ‐ 10‐5600‐25‐00 Special Events 1,000.00 1,000.00 ‐ Subtotal object ‐ 0 644,690.00 644,690.00 49,024.88 49,024.88 7.60 Program number: 644,690.00 644,690.00 49,024.88 49,024.88 7.60 Department number: 25 Dispatch Department 644,690.00 644,690.00 49,024.88 49,024.88 7.60 10‐5110‐30‐00 Salaries & Wages 1,438,167.00 1,438,167.00 45,801.32 45,801.32 3.19 10‐5115‐30‐00 Salaries ‐ Overtime 230,000.00 230,000.00 11,225.07 11,225.07 4.88 10‐5127‐30‐00 Salaries‐Certification Pay 16,000.00 16,000.00 506.81 506.81 3.17 10‐5140‐30‐00 Salaries ‐ Longevity Pay 12,606.00 12,606.00 ‐ 10‐5145‐30‐00 Social Security Expense 105,200.00 105,200.00 3,389.06 3,389.06 3.22 10‐5150‐30‐00 Medicare Expense 24,603.00 24,603.00 792.58 792.58 3.22 10‐5155‐30‐00 SUTA Expense 1,697.00 1,697.00 ‐ 10‐5160‐30‐00 Health Insurance 146,880.00 146,880.00 4,366.10 4,366.10 2.97 10‐5165‐30‐00 Dental Insurance 9,792.00 9,792.00 217.26 217.26 2.22 10‐5170‐30‐00 Life Insurance/AD&D 12,489.00 12,489.00 236.34 236.34 1.89 10‐5171‐30‐00 Life Insurance‐Supplemental 7,921.00 7,921.00 ‐ 10‐5175‐30‐00 Liability (TML) Workers Comp 2,147.00 2,147.00 26,555.35 26,555.35 ####### 10‐5180‐30‐00 TMRS Expense 158,365.00 158,365.00 5,702.04 5,702.04 3.60 10‐5185‐30‐00 Long Term/Short Term Disabilit 2,502.00 2,502.00 ‐ DETAIL PAGE 18 OF 3716 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5186‐30‐00 WELLE‐Wellness Prog Reimb Empl 8,400.00 8,400.00 252.00 252.00 3.00 10‐5191‐30‐00 Hiring Cost 1,000.00 1,000.00 ‐ 10‐5194‐30‐00 FD Annual Phy & Screening 16,000.00 16,000.00 ‐ 10‐5210‐30‐00 Office Supplies 4,848.00 4,848.00 ‐ 10‐5212‐30‐00 Building Supplies 4,000.00 4,000.00 ‐ 10‐5230‐30‐00 Dues,Fees,& Subscriptions 3,500.00 3,500.00 1,955.00 1,955.00 55.86 10‐5240‐30‐00 Postage and Delivery 250.00 250.00 ‐ 10‐5250‐30‐00 Publications 350.00 350.00 ‐ 10‐5280‐30‐00 Printing and Reproduction 500.00 500.00 256.00 256.00 51.20 10‐5320‐30‐00 Repairs & Maintenance 6,500.00 6,500.00 92.50 92.50 1.42 10‐5335‐30‐00 Radio/Video Repairs 20,000.00 20,000.00 ‐ 10‐5340‐30‐00 Building Repairs 20,000.00 20,000.00 115.00 115.00 0.58 10‐5350‐30‐00 Vehicle Expense 35,000.00 35,000.00 3,981.01 3,981.01 11.37 10‐5352‐30‐00 Fuel 35,000.00 35,000.00 ‐ 10‐5400‐30‐00 Uniform Expense 21,000.00 21,000.00 ‐ 10‐5410‐30‐00 Professional Services 10,500.00 10,500.00 ‐ 10‐5418‐30‐00 IT Fees 7,500.00 7,500.00 ‐ 10‐5440‐30‐00 EMS 74,000.00 74,000.00 10,158.01 10,158.01 13.73 10‐5480‐30‐00 Contracted Services 10,000.00 10,000.00 60.00 60.00 0.60 10‐5520‐30‐00 Telephones 12,500.00 12,500.00 5,186.88 5,186.88 41.50 10‐5521‐30‐00 Cell Phone Expense 8,000.00 8,000.00 ‐ 10‐5524‐30‐00 Gas ‐ Building 7,000.00 7,000.00 124.33 124.33 1.78 10 5525 30 00El t i it22 000 0022 000 001 760 701 760 70800 10‐5525‐30‐00 Electricity 22,000.00 22,000.00 1,760.70 1,760.70 8.00 10‐5526‐30‐00 Data Network 12,442.00 12,442.00 1,885.73 1,885.73 15.16 10‐5530‐30‐00 Travel/Lodging/Meals Expense 3,000.00 3,000.00 ‐ 10‐5533‐30‐00 Mileage Expense 1,500.00 1,500.00 ‐ 10‐5536‐30‐00 Training/Seminars 18,000.00 18,000.00 2,975.00 2,975.00 16.53 10‐5610‐30‐00 Fire Fighting Equipment 18,000.00 18,000.00 448.00 448.00 2.49 10‐5630‐30‐00 Safety Equipment 25,000.00 25,000.00 ‐ Subtotal object ‐ 0 2,566,238.00 2,566,238.00 135,963.09 135,963.09 5.30 Program number: 2,566,238.00 2,566,238.00 135,963.09 135,963.09 5.30 Department number: 30 Fire/EMS 2,566,238.00 2,566,238.00 135,963.09 135,963.09 5.30 10‐5110‐35‐00 Salaries & Wages 82,318.00 82,318.00 2,793.60 2,793.60 3.39 10‐5140‐35‐00 Salaries ‐ Longevity Pay 752.00 752.00 ‐ 10‐5145‐35‐00 Social Security Expense 5,150.00 5,150.00 147.58 147.58 2.87 10‐5150‐35‐00 Medicare Expense 1,205.00 1,205.00 34.51 34.51 2.86 10‐5155‐35‐00 SUTA Expense 83.00 83.00 ‐ 10‐5160‐35‐00 Health Insurance 5,400.00 5,400.00 246.46 246.46 4.56 10‐5165‐35‐00 Dental Insurance 360.00 360.00 10.86 10.86 3.02 10‐5170‐35‐00 Life Insurance/AD&D 114.00 114.00 11.82 11.82 10.37 10‐5175‐35‐00 Liability (TML) Workers' Comp 105.00 105.00 1,327.77 1,327.77 ####### DETAIL PAGE 19 OF 3717 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5180‐35‐00 TMRS Expense 8,722.00 8,722.00 293.33 293.33 3.36 10‐5185‐35‐00 Long Term/Short Term Disabilit 153.00 153.00 ‐ 10‐5186‐35‐00 WELLE‐Wellness Prog Reimb Empl 420.00 420.00 ‐ 10‐5193‐35‐00 Records Retention 250.00 250.00 ‐ 10‐5194‐35‐00 FD Annual Phy & Screening 650.00 650.00 ‐ 10‐5210‐35‐00 Supplies 300.00 300.00 ‐ 10‐5230‐35‐00 Dues,Fees,& Subscriptions 600.00 600.00 ‐ 10‐5240‐35‐00 Postage and Delivery 60.00 60.00 ‐ 10‐5250‐35‐00 Publications 550.00 550.00 ‐ 10‐5280‐35‐00 Printing and Reproduction 500.00 500.00 ‐ 10‐5350‐35‐00 Vehicle Expense 1,953.00 1,953.00 ‐ 10‐5352‐35‐00 Fuel 2,000.00 2,000.00 ‐ 10‐5353‐35‐00 Oil/Grease/Inspections 500.00 500.00 ‐ 10‐5400‐35‐00 Uniform Expense 1,050.00 1,050.00 ‐ 10‐5418‐35‐00 IT Fees 200.00 200.00 ‐ 10‐5430‐35‐00 Legal Fees 2,000.00 2,000.00 ‐ 10‐5520‐35‐00 Telephones 900.00 900.00 ‐ 10‐5521‐35‐00 Cell Phone Expense 1,200.00 1,200.00 ‐ 10‐5530‐35‐00 Travel/Lodging/Meals Expense 500.00 500.00 850.00 850.00 170.00 10‐5536‐35‐00 Training/Seminars 3,200.00 3,200.00 215.00 215.00 6.72 10‐5620‐35‐00 Tools & Equipment 150.00 150.00 ‐ 10‐5630‐35‐00 Safety Equipment 1,000.00 1,000.00 ‐ 10 5640 35 00Si&Hd1 250 001 250 00 10‐5640‐35‐00 Signs & Hardware 1,250.00 1,250.00 ‐ Subtotal object ‐ 0 123,595.00 123,595.00 5,930.93 5,930.93 4.80 Program number: 123,595.00 123,595.00 5,930.93 5,930.93 4.80 Department number: 35 Fire Marshall 123,595.00 123,595.00 5,930.93 5,930.93 4.80 10‐5110‐40‐00 Salaries & Wages 93,646.00 93,646.00 3,178.08 3,178.08 3.39 10‐5115‐40‐00 Salaries ‐ Overtime 4,000.00 4,000.00 125.10 125.10 3.13 10‐5140‐40‐00 Salaries ‐ Longevity Pay 1,237.00 1,237.00 ‐ 10‐5145‐40‐00 Social Security Expense 6,131.00 6,131.00 201.48 201.48 3.29 10‐5150‐40‐00 Medicare Expense 1,434.00 1,434.00 47.12 47.12 3.29 10‐5155‐40‐00 SUTA Expense 99.00 99.00 ‐ 10‐5160‐40‐00 Health Insurance 10,800.00 10,800.00 381.46 381.46 3.53 10‐5165‐40‐00 Dental Insurance 720.00 720.00 21.73 21.73 3.02 10‐5170‐40‐00 Life Insurance/AD&D 196.00 196.00 7.09 7.09 3.62 10‐5175‐40‐00 Liability (TML) Workers Comp 125.00 125.00 4,540.11 4,540.11 ####### 10‐5180‐40‐00 TMRS Expense 10,383.00 10,383.00 350.14 350.14 3.37 10‐5185‐40‐00 Long Term/Short Term Disabilit 174.00 174.00 ‐ 10‐5186‐40‐00 WELLE‐Wellness Prog Reimb Empl 840.00 840.00 31.50 31.50 3.75 10‐5191‐40‐00 Hiring Cost 50.00 50.00 ‐ 10‐5210‐40‐00 Office Supplies 600.00 600.00 ‐ DETAIL PAGE 20 OF 3718 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5230‐40‐00 Dues,Fees,& Subscriptions 200.00 200.00 ‐ 10‐5250‐40‐00 Publications 50.00 50.00 ‐ 10‐5310‐40‐00 Rental Expense 10,000.00 10,000.00 ‐ 10‐5320‐40‐00 Repairs & Maintenance 4,000.00 4,000.00 ‐ 10‐5321‐40‐00 Signal Light Repairs 7,400.00 7,400.00 ‐ 10‐5340‐40‐00 Building Repairs 2,500.00 2,500.00 ‐ 10‐5350‐40‐00 Vehicle Expense 5,500.00 5,500.00 2,871.44 2,871.44 52.21 10‐5352‐40‐00 Fuel 9,300.00 9,300.00 ‐ 10‐5353‐40‐00 Oil/Grease/Inspections 800.00 800.00 ‐ 10‐5400‐40‐00 Uniform Expense 3,500.00 3,500.00 259.94 259.94 7.43 10‐5410‐40‐00 Professional Services 8,000.00 8,000.00 ‐ 10‐5480‐40‐00 Contracted Services 910,720.00 910,720.00 ‐ 10‐5520‐40‐00 Telephones 300.00 300.00 ‐ 10‐5521‐40‐00 Cell Phone Expense 1,000.00 1,000.00 ‐ 10‐5525‐40‐00 Electricity 100,000.00 100,000.00 5,269.26 5,269.26 5.27 10‐5530‐40‐00 Travel/Lodging/Meals Expense 800.00 800.00 ‐ 10‐5536‐40‐00 Training/Seminars 800.00 800.00 ‐ 10‐5620‐40‐00 Tools & Equipment 3,000.00 3,000.00 ‐ 10‐5630‐40‐00 Safety Equipment 2,000.00 2,000.00 327.99 327.99 16.40 10‐5640‐40‐00 Signs & Hardware 31,000.00 31,000.00 ‐ 10‐5650‐40‐00 Maintenance Materials 60,000.00 60,000.00 2,951.79 2,951.79 4.92 10‐6140‐40‐00 Capital Expenditure ‐ Equipmt 76,000.00 76,000.00 ‐ Sbttlbj t01 367 305 001 367 305 0020 564 2320 564 23150 Subtotal object ‐ 0 1,367,305.00 1,367,305.00 20,564.23 20,564.23 1.50 Program number: 1,367,305.00 1,367,305.00 20,564.23 20,564.23 1.50 Department number: 40 Streets 1,367,305.00 1,367,305.00 20,564.23 20,564.23 1.50 10‐5110‐45‐00 Salaries & Wages 24,536.00 24,536.00 652.10 652.10 2.66 10‐5145‐45‐00 Social Security Expense 849.00 849.00 40.42 40.42 4.76 10‐5150‐45‐00 Medicare Expense 198.00 198.00 9.44 9.44 4.77 10‐5155‐45‐00 SUTA Expense 14.00 14.00 ‐ 10‐5175‐45‐00 Liability (TML)/Workers' Comp 17.00 17.00 85.66 85.66 503.88 10‐5190‐45‐00 Contract Labor 40,000.00 40,000.00 ‐ 10‐5210‐45‐00 Supplies 2,000.00 2,000.00 ‐ 10‐5212‐45‐00 Building Supplies 500.00 500.00 ‐ 10‐5220‐45‐00 Office Equipment 1,000.00 1,000.00 ‐ 10‐5230‐45‐00 Dues,Fees,& Subscriptions 5,600.00 5,600.00 ‐ 10‐5240‐45‐00 Postage and Delivery 400.00 400.00 ‐ 10‐5281‐45‐00 Book Purchases 12,000.00 12,000.00 128.52 128.52 1.07 10‐5418‐45‐00 IT Fees 375.00 375.00 ‐ 10‐5480‐45‐00 Contracted Services 2,652.00 2,652.00 ‐ 10‐5525‐45‐00 Electricity 5,500.00 5,500.00 ‐ 10‐5530‐45‐00 Travel 700.00 700.00 ‐ DETAIL PAGE 21 OF 3719 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5533‐45‐00 Mileage Expense 600.00 600.00 ‐ 10‐5536‐45‐00 Training/Seminars 500.00 500.00 ‐ 10‐5600‐45‐00 Special Events 600.00 600.00 ‐ Subtotal object ‐ 0 98,041.00 98,041.00 916.14 916.14 0.93 Program number: 98,041.00 98,041.00 916.14 916.14 0.93 Department number: 45 Public Library 98,041.00 98,041.00 916.14 916.14 0.93 10‐5110‐60‐00 Salaries & Wages 590,082.00 590,082.00 14,588.99 14,588.99 2.47 10‐5115‐60‐00 Salaries ‐ Overtime 9,000.00 9,000.00 480.24 480.24 5.34 10‐5140‐60‐00 Salaries ‐ Longevity Pay 2,583.00 2,583.00 ‐ 10‐5145‐60‐00 Social Security Expense 29,871.00 29,871.00 869.53 869.53 2.91 10‐5150‐60‐00 Medicare Expense 6,986.00 6,986.00 203.36 203.36 2.91 10‐5155‐60‐00 SUTA Expense 482.00 482.00 ‐ 10‐5160‐60‐00 Health Insurance 75,912.00 75,912.00 2,481.71 2,481.71 3.27 10‐5165‐60‐00 Dental Insurance 5,061.00 5,061.00 108.63 108.63 2.15 10‐5170‐60‐00 Life Insurance/AD&D 1,057.00 1,057.00 35.46 35.46 3.36 10‐5175‐60‐00 Liability (TML) Workers Comp 610.00 610.00 5,568.06 5,568.06 912.80 10‐5180‐60‐00 TMRS Expense 63,175.00 63,175.00 1,593.85 1,593.85 2.52 10‐5185‐60‐00 Long Term/Short Term Disabilit 876.00 876.00 ‐ 10‐5186‐60‐00 WELLE‐Wellness Prog Reimb Empl 4,620.00 4,620.00 110.25 110.25 2.39 10‐5210‐60‐00 Office Supplies 1,500.00 1,500.00 147.52 147.52 9.84 10‐5212‐60‐00 Building Supplies 1,500.00 1,500.00 ‐ 10‐5220‐60‐00 Office Equipment 5,560.00 5,560.00 ‐ 10 5230 60 00DF&Sb iti2 850 002 850 00 10‐5230‐60‐00 Dues,Fees,& Subscriptions 2,850.00 2,850.00 ‐ 10‐5240‐60‐00 Postage and Delivery 175.00 175.00 ‐ 10‐5280‐60‐00 Printing and Reproduction 300.00 300.00 ‐ 10‐5290‐60‐00 Miscellaneous Expense 1,500.00 1,500.00 ‐ 10‐5310‐60‐00 Rental Expense 22,000.00 22,000.00 3,470.00 3,470.00 15.77 10‐5320‐60‐00 Repairs & Maintenance 424,500.00 424,500.00 4,866.38 4,866.38 1.15 10‐5350‐60‐00 Vehicle Expense 4,500.00 4,500.00 115.88 115.88 2.58 10‐5352‐60‐00 Fuel 17,000.00 17,000.00 ‐ 10‐5353‐60‐00 Oil/Grease/Inspections 2,000.00 2,000.00 ‐ 10‐5400‐60‐00 Uniform Expense 5,700.00 5,700.00 221.88 221.88 3.89 10‐5410‐60‐00 Professional Services 125,000.00 125,000.00 ‐ 10‐5418‐60‐00 IT Fees 3,100.00 3,100.00 84.48 84.48 2.73 10‐5430‐60‐00 Legal Fees 2,000.00 2,000.00 1,007.00 1,007.00 50.35 10‐5480‐60‐00 Contracted Services 154,800.00 154,800.00 348.00 348.00 0.23 10‐5520‐60‐00 Telephones 57.30 57.30 ‐ 10‐5521‐60‐00 Cell Phone Expense 5,900.00 5,900.00 ‐ 10‐5525‐60‐00 Electricity 88,000.00 88,000.00 ‐ 10‐5526‐60‐00 Data Network 1,700.00 1,700.00 84.48 84.48 4.97 10‐5530‐60‐00 Travel/Lodging/Meals Expense 3,800.00 3,800.00 ‐ DETAIL PAGE 22 OF 3720 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5533‐60‐00 Mileage Expense 2,000.00 2,000.00 107.69 107.69 5.39 10‐5536‐60‐00 Training/Seminars 6,750.00 6,750.00 ‐ 10‐5600‐60‐00 Special Events 49,700.00 49,700.00 4,305.00 4,305.00 8.66 10‐5630‐60‐00 Safety Equipment 1,600.00 1,600.00 ‐ 10‐5640‐60‐00 Signs & Hardware 2,800.00 2,800.00 ‐ 10‐6160‐60‐00 Capital Expenditure ‐ Vehicles 52,000.00 52,000.00 ‐ Subtotal object ‐ 0 1,778,550.00 1,778,550.00 40,855.69 40,855.69 2.30 Program number: 1,778,550.00 1,778,550.00 40,855.69 40,855.69 2.30 Department number: 60 Parks and Recreation 1,778,550.00 1,778,550.00 40,855.69 40,855.69 2.30 10‐5110‐70‐00 Salaries & Wages 2,614.01 2,614.01 ‐ 10‐5115‐70‐00 Salaries ‐ Overtime 77,027.00 77,027.00 ‐ 10‐5140‐70‐00 Salaries ‐ Longevity Pay 185.00 185.00 ‐ 10‐5145‐70‐00 Social Security Expense 4,787.00 4,787.00 149.71 149.71 3.13 10‐5150‐70‐00 Medicare Expense 1,120.00 1,120.00 35.02 35.02 3.13 10‐5155‐70‐00 SUTA Expense 77.00 77.00 ‐ 10‐5160‐70‐00 Health Insurance 5,400.00 5,400.00 424.06 424.06 7.85 10‐5165‐70‐00 Dental Insurance 360.00 360.00 10.86 10.86 3.02 10‐5170‐70‐00 Life Insurance/AD&D 114.00 114.00 3.55 3.55 3.11 10‐5175‐70‐00 Liability (TML) Workers Comp 98.00 98.00 119.93 119.93 122.38 10‐5180‐70‐00 TMRS Expense 8,107.00 8,107.00 274.47 274.47 3.39 10‐5185‐70‐00 Long Term/Short Term Disabilit 143.00 143.00 ‐ 10‐5186‐70‐00 WELLE‐Wellness Prog Reimb Empl 420.00 420.00 ‐ 10 5190 70 00CttLb4 800 004 800 00180 00180 00375 10‐5190‐70‐00 Contract Labor 4,800.00 4,800.00 180.00 180.00 3.75 10‐5210‐70‐00 Office Supplies 1,500.00 1,500.00 638.34 638.34 42.56 10‐5212‐70‐00 Building Supplies 1,000.00 1,000.00 ‐ 10‐5220‐70‐00 Office Equipment 20.25 20.25 ‐ 10‐5230‐70‐00 Dues,Fees,& Subscriptions 330.00 330.00 ‐ 10‐5240‐70‐00 Postage and Delivery 1,000.00 1,000.00 ‐ 10‐5250‐70‐00 Publications 100.00 100.00 ‐ 10‐5280‐70‐00 Printing and Reproduction 1,000.00 1,000.00 201.50 201.50 20.15 10‐5310‐70‐00 Rental Expense 24,000.00 24,000.00 2,122.01 2,122.01 8.84 10‐5400‐70‐00 Uniform Expense 60.00 60.00 ‐ 10‐5418‐70‐00 IT Fees 500.00 500.00 ‐ 10‐5420‐70‐00 Municipal Court/Judge Fees 9,600.00 9,600.00 926.22 926.22 9.65 10‐5425‐70‐00 State Fines Expense 106,800.00 106,800.00 ‐ 10‐5480‐70‐00 Contracted Services 2,000.00 2,000.00 ‐ 10‐5520‐70‐00 Telephones 300.00 300.00 127.90 127.90 42.63 10‐5524‐70‐00 Gas‐Building 900.00 900.00 ‐ 10‐5525‐70‐00 Electricity 2,000.00 2,000.00 ‐ 10‐5530‐70‐00 Travel/Lodging/Meals Expense 800.00 800.00 ‐ 10‐5533‐70‐00 Mileage Expense 1,500.00 1,500.00 ‐ DETAIL PAGE 23 OF 3721 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5536‐70‐00 Training/Seminars 1,000.00 1,000.00 ‐ Subtotal object ‐ 0 257,028.00 257,028.00 7,847.83 7,847.83 3.05 Program number: 257,028.00 257,028.00 7,847.83 7,847.83 3.05 Department number: 70 Municipal Court 257,028.00 257,028.00 7,847.83 7,847.83 3.05 10‐5110‐80‐00 Salaries & Wages 441,348.00 441,348.00 11,840.13 11,840.13 2.68 10‐5115‐80‐00 Salaries ‐ Overtime 8,000.00 8,000.00 63.32 63.32 0.79 10‐5140‐80‐00 Salaries ‐ Longevity Pay 2,359.00 2,359.00 ‐ 10‐5141‐80‐00 Salaries ‐ Incentive 3,234.00 3,234.00 ‐ 10‐5145‐80‐00 Social Security Expense 25,434.00 25,434.00 703.48 703.48 2.77 10‐5150‐80‐00 Medicare Expense 5,948.00 5,948.00 164.52 164.52 2.77 10‐5155‐80‐00 SUTA Expense 451.00 451.00 ‐ 10‐5160‐80‐00 Health Insurance 48,600.00 48,600.00 1,584.41 1,584.41 3.26 10‐5165‐80‐00 Dental Insurance 3,240.00 3,240.00 76.04 76.04 2.35 10‐5170‐80‐00 Life Insurance/AD&D 914.00 914.00 24.82 24.82 2.72 10‐5175‐80‐00 Liability (TML) Workers Comp 580.00 580.00 1,687.55 1,687.55 290.96 10‐5180‐80‐00 TMRS Expense 47,769.00 47,769.00 1,259.78 1,259.78 2.64 10‐5185‐80‐00 Long Term/Short Term Disabilit 830.00 830.00 ‐ 10‐5186‐80‐00 WELLE‐Wellness Prog Reimb Empl 3,360.00 3,360.00 94.50 94.50 2.81 10‐5190‐80‐00 Contract Labor 1,200.00 1,200.00 120.00 120.00 10.00 10‐5191‐80‐00 Hiring Cost 60.00 60.00 ‐ 10‐5210‐80‐00 Office Supplies 7,000.00 7,000.00 ‐ 10‐5212‐80‐00 Building Supplies 500.00 500.00 ‐ 10 5220 80 00OffiEi t13 000 0013 000 00 10‐5220‐80‐00 Office Equipment 13,000.00 13,000.00 ‐ 10‐5230‐80‐00 Dues,Fees,& Subscriptions 67,350.00 67,350.00 1,600.00 1,600.00 2.38 10‐5240‐80‐00 Postage and Delivery 50.00 50.00 ‐ 10‐5280‐80‐00 Printing and Reproduction 2,000.00 2,000.00 ‐ 10‐5320‐80‐00 Repairs & Maintenance 1,000.00 1,000.00 ‐ 10‐5340‐80‐00 Building Repairs 150.00 150.00 ‐ 10‐5350‐80‐00 Vehicle Expense 1,500.00 1,500.00 ‐ 10‐5352‐80‐00 Fuel 12,000.00 12,000.00 ‐ 10‐5353‐80‐00 Oil/Grease/Inspections 2,400.00 2,400.00 ‐ 10‐5400‐80‐00 Uniform Expense 2,700.00 2,700.00 ‐ 10‐5415‐80‐00 Tuition Reimbursement 5,100.00 5,100.00 ‐ 10‐5418‐80‐00 IT Fees 4,000.00 4,000.00 ‐ 10‐5430‐80‐00 Legal Fees 4,000.00 4,000.00 ‐ 10‐5465‐80‐00 Public Relations 500.00 500.00 ‐ 10‐5480‐80‐00 Contracted Services 750.00 750.00 ‐ 10‐5520‐80‐00 Telephones 1,500.00 1,500.00 107.57 107.57 7.17 10‐5521‐80‐00 Cell Phone Expense 2,880.00 2,880.00 ‐ 10‐5525‐80‐00 Electricity 6,500.00 6,500.00 ‐ 10‐5526‐80‐00 Data Network 3,200.00 3,200.00 227.94 227.94 7.12 DETAIL PAGE 24 OF 3722 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5530‐80‐00 Travel/Lodging/Meals Expense 600.00 600.00 74.02 74.02 12.34 10‐5533‐80‐00 Mileage Expense 6,000.00 6,000.00 ‐ 10‐5536‐80‐00 Training/Seminars 7,975.00 7,975.00 ‐ 10‐5630‐80‐00 Safety Equipment 800.00 800.00 ‐ 10‐6110‐80‐00 Capital Expenditure 30,000.00 30,000.00 ‐ 10‐6160‐80‐00 Capital Expenditure ‐ Vehicles 20,000.00 20,000.00 ‐ Subtotal object ‐ 0 796,782.00 796,782.00 19,628.08 19,628.08 2.46 Program number: 796,782.00 796,782.00 19,628.08 19,628.08 2.46 Department number: 80 Inspections 796,782.00 796,782.00 19,628.08 19,628.08 2.46 10‐5110‐85‐00 Salaries & Wages 47,312.00 47,312.00 1,605.60 1,605.60 3.39 10‐5115‐85‐00 Salaries ‐ Overtime 1,500.00 1,500.00 ‐ 10‐5140‐85‐00 Salaries ‐ Longevity Pay 387.00 387.00 ‐ 10‐5141‐85‐00 Salaries ‐ Incentive 750.00 750.00 ‐ 10‐5145‐85‐00 Social Security Expense 3,097.00 3,097.00 98.16 98.16 3.17 10‐5150‐85‐00 Medicare Expense 724.00 724.00 22.96 22.96 3.17 10‐5155‐85‐00 SUTA Expense 50.00 50.00 ‐ 10‐5160‐85‐00 Health Insurance 5,400.00 5,400.00 131.65 131.65 2.44 10‐5165‐85‐00 Dental Insurance 360.00 360.00 10.86 10.86 3.02 10‐5170‐85‐00 Life Insurance/AD&D 106.00 106.00 3.55 3.55 3.35 10‐5175‐85‐00 Liability (TML) Workers' Comp 63.00 63.00 239.85 239.85 380.71 10‐5180‐85‐00 TMRS Expense 5,244.00 5,244.00 170.23 170.23 3.25 10‐5185‐85‐00 Long Term/Short Term Disabilit 88.00 88.00 ‐ 10 5186 85 00WELLEWllPRi bEl420 00420 0015 7515 75375 10‐5186‐85‐00 WELLE‐Wellness Prog Reimb Empl 420.00 420.00 15.75 15.75 3.75 10‐5190‐85‐00 Contract Labor 15,000.00 15,000.00 ‐ 10‐5210‐85‐00 Office Supplies 500.00 500.00 ‐ 10‐5230‐85‐00 Dues,Fees,& Subscriptions 200.00 200.00 ‐ 10‐5240‐85‐00 Postage and Delivery 400.00 400.00 ‐ 10‐5280‐85‐00 Printing and Reproduction 1,200.00 1,200.00 ‐ 10‐5350‐85‐00 Vehicle Expense 500.00 500.00 ‐ 10‐5352‐85‐00 Fuel 1,000.00 1,000.00 ‐ 10‐5353‐85‐00 Oil/Grease/Inspections 100.00 100.00 ‐ 10‐5400‐85‐00 Uniform Expense 200.00 200.00 ‐ 10‐5430‐85‐00 Legal Fees 8,000.00 8,000.00 ‐ 10‐5435‐85‐00 Legal Notices/Filings 500.00 500.00 ‐ 10‐5480‐85‐00 Contracted Services 68,000.00 68,000.00 775.00 775.00 1.14 10‐5520‐85‐00 Telephones 300.00 300.00 15.38 15.38 5.13 10‐5521‐85‐00 Cell Phone Expense 500.00 500.00 ‐ 10‐5536‐85‐00 Training/Seminars 500.00 500.00 ‐ 10‐5600‐85‐00 Special Events 1,000.00 1,000.00 ‐ 10‐5620‐85‐00 Tools & Equipment 250.00 250.00 ‐ 10‐5640‐85‐00 Signs & Hardware 500.00 500.00 ‐ DETAIL PAGE 25 OF 3723 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual Subtotal object ‐ 0 164,151.00 164,151.00 3,088.99 3,088.99 1.88 Program number: 164,151.00 164,151.00 3,088.99 3,088.99 1.88 Department number: 85 Code Enforcement 164,151.00 164,151.00 3,088.99 3,088.99 1.88 10‐5110‐90‐00 Salaries & Wages 213,259.00 213,259.00 7,105.58 7,105.58 3.33 10‐5115‐90‐00 Salaries ‐ Overtime 500.00 500.00 ‐ 10‐5140‐90‐00 Salaries ‐ Longevity Pay 1,059.00 1,059.00 ‐ 10‐5141‐90‐00 Salaries ‐ Incentive 1,000.00 1,000.00 ‐ 10‐5145‐90‐00 Social Security Expense 13,381.00 13,381.00 408.36 408.36 3.05 10‐5150‐90‐00 Medicare Expense 3,129.00 3,129.00 95.50 95.50 3.05 10‐5155‐90‐00 SUTA Expense 216.00 216.00 ‐ 10‐5160‐90‐00 Health Insurance 16,408.00 16,408.00 902.53 902.53 5.50 10‐5165‐90‐00 Dental Insurance 1,094.00 1,094.00 32.59 32.59 2.98 10‐5170‐90‐00 Life Insurance/AD&D 318.00 318.00 10.64 10.64 3.35 10‐5175‐90‐00 Liability (TML) Workers Comp 273.00 273.00 483.14 483.14 176.97 10‐5180‐90‐00 TMRS Expense 22,661.00 22,661.00 751.05 751.05 3.31 10‐5185‐90‐00 Long Term/Short Term Disabilit 397.00 397.00 ‐ 10‐5186‐90‐00 WELLE‐Wellness Prog Reimb Empl 1,260.00 1,260.00 47.25 47.25 3.75 10‐5190‐90‐00 Contract Labor 1,300.00 1,300.00 120.00 120.00 9.23 10‐5191‐90‐00 Hiring Cost 50.00 50.00 ‐ 10‐5210‐90‐00 Office Supplies 3,500.00 3,500.00 312.47 312.47 8.93 10‐5212‐90‐00 Building Supplies 250.00 250.00 ‐ 10‐5230‐90‐00 Dues,Fees,& Subscriptions 5,000.00 5,000.00 ‐ 10 5240 90 00PtdDli200 00200 00 10‐5240‐90‐00 Postage and Delivery 200.00 200.00 ‐ 10‐5400‐90‐00 Uniform Expense 300.00 300.00 ‐ 10‐5410‐90‐00 Professional Services 132,000.00 132,000.00 ‐ 10‐5415‐90‐00 Tuition Reimbursement 5,000.00 5,000.00 ‐ 10‐5430‐90‐00 Legal Fees 50,000.00 50,000.00 532.00 532.00 1.06 10‐5435‐90‐00 Legal Notices/Filings 1,500.00 1,500.00 ‐ 10‐5520‐90‐00 Telephones 3,300.00 3,300.00 30.74 30.74 0.93 10‐5521‐90‐00 Cell Phone Expense 2,400.00 2,400.00 ‐ 10‐5526‐90‐00 Data Network 8,250.00 8,250.00 687.71 687.71 8.34 10‐5530‐90‐00 Travel/Lodging/Meals Expense 2,000.00 2,000.00 ‐ 10‐5533‐90‐00 Mileage Expense 1,500.00 1,500.00 ‐ 10‐5536‐90‐00 Training/Seminars 4,000.00 4,000.00 ‐ Subtotal object ‐ 0 495,505.00 495,505.00 11,519.56 11,519.56 2.33 Program number: 495,505.00 495,505.00 11,519.56 11,519.56 2.33 Department number: 90 Planning 495,505.00 495,505.00 11,519.56 11,519.56 2.33 10‐5110‐98‐00 Salaries & Wages 354,304.00 354,304.00 7,856.55 7,856.55 2.22 10‐5140‐98‐00 Salaries ‐ Longevity Pay 749.00 749.00 ‐ 10‐5141‐98‐00 Salaries ‐ Incentive 300.00 300.00 ‐ 10‐5145‐98‐00 Social Security Expense 22,032.00 22,032.00 455.20 455.20 2.07 DETAIL PAGE 26 OF 3724 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5150‐98‐00 Medicare Expense 5,153.00 5,153.00 106.45 106.45 2.07 10‐5155‐98‐00 SUTA Expense 355.00 355.00 ‐ 10‐5160‐98‐00 Health Insurance 16,408.00 16,408.00 698.42 698.42 4.26 10‐5165‐98‐00 Dental Insurance 1,094.00 1,094.00 21.73 21.73 1.99 10‐5170‐98‐00 Life Insurance/AD&D 342.00 342.00 9.78 9.78 2.86 10‐5175‐98‐00 Liability (TML) Workers Comp 450.00 450.00 227.01 227.01 50.45 10‐5180‐98‐00 TMRS Expense 37,312.00 37,312.00 826.60 826.60 2.22 10‐5185‐98‐00 Long Term/Short Term Disabilit 660.00 660.00 ‐ 10‐5186‐98‐00 WELLE‐Wellness Prog Reimb Empl 1,260.00 1,260.00 15.75 15.75 1.25 10‐5210‐98‐00 Office Supplies 800.00 800.00 207.40 207.40 25.93 10‐5212‐98‐00 Building Supplies 350.00 350.00 ‐ 10‐5220‐98‐00 Office Equipment 20.50 20.50 ‐ 10‐5230‐98‐00 Dues,Fees,& Subscriptions 900.00 900.00 ‐ 10‐5240‐98‐00 Postage and Delivery 20.00 20.00 ‐ 10‐5400‐98‐00 Uniform Expense 100.00 100.00 ‐ 10‐5418‐98‐00 IT Fees 250.00 250.00 ‐ 10‐5430‐98‐00 Legal Fees 8,500.00 8,500.00 302.50 302.50 3.56 10‐5520‐98‐00 Telephones 57.31 57.31 ‐ 10‐5521‐98‐00 Cell Phone Expense 3,060.00 3,060.00 ‐ 10‐5524‐98‐00 Gas‐Building 36.73 36.73 ‐ 10‐5525‐98‐00 Electricity 160.04 160.04 ‐ 10‐5530‐98‐00 Travel/Lodging/Meals Expense 3,250.00 3,250.00 ‐ 10 5533 98 00MilE2 500 002 500 00 10‐5533‐98‐00 Mileage Expense 2,500.00 2,500.00 ‐ 10‐5536‐98‐00 Training/Seminars 7,000.00 7,000.00 ‐ 10‐6110‐98‐00 Capital Expenditure 20,000.00 20,000.00 ‐ Subtotal object ‐ 0 487,149.00 487,149.00 11,001.97 11,001.97 2.26 Program number: 487,149.00 487,149.00 11,001.97 11,001.97 2.26 Department number: 98 Engineering 487,149.00 487,149.00 11,001.97 11,001.97 2.26 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 12,457,760.00 12,457,760.00 529,275.94 529,275.94 4.25 Fund number: 10 General 696,443.00 696,443.00 (165,935.23) (165,935.23) (23.83) 20‐4005‐50‐00 Water Revenue (5,200,000.00) (5,200,000.00) (482,998.50) (482,998.50) 9.29 20‐4010‐50‐00 Water Tap & Construction (300,000.00) (300,000.00) (59,025.00) (59,025.00) 19.68 20‐4012‐50‐00 Saturday Inspection Fee (2,500.00) (2,500.00) (900.00) (900.00) 36.00 20‐4018‐50‐00 Internet Cr. Card Fees(Global) (14,000.00) (14,000.00) (1,757.07) (1,757.07) 12.55 20‐4019‐50‐00 Cr. Card Pmt Fees(auth.net) (1,900.00) (1,900.00) (391.46) (391.46) 20.60 20‐4060‐50‐00 NSF Fees (1,200.00) (1,200.00) (150.00) (150.00) 12.50 20‐4242‐50‐00 Re‐Inspection Fees (2,000.00) (2,000.00) (150.00) (150.00) 7.50 20‐4610‐50‐00 Interest Income (70,000.00) (70,000.00) (3,649.07) (3,649.07) 5.21 20‐4910‐50‐00 Other Revenue (80,000.00) (80,000.00) (7,848.82) (7,848.82) 9.81 Subtotal object ‐ 0 (5,671,600.00) (5,671,600.00) (556,869.92) (556,869.92) 9.82 Program number: (5,671,600.00) (5,671,600.00) (556,869.92) (556,869.92) 9.82 DETAIL PAGE 27 OF 3725 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual Department number: 50 Water (5,671,600.00) (5,671,600.00) (556,869.92) (556,869.92) 9.82 20‐4006‐55‐00 Sewer Revenue (2,247,850.00) (2,247,850.00) (214,910.07) (214,910.07) 9.56 20‐4010‐55‐00 Sewer Tap & Construction (150,000.00) (150,000.00) (20,200.00) (20,200.00) 13.47 Subtotal object ‐ 0 (2,397,850.00) (2,397,850.00) (235,110.07) (235,110.07) 9.81 Program number: (2,397,850.00) (2,397,850.00) (235,110.07) (235,110.07) 9.81 Department number: 55 Sewer (2,397,850.00) (2,397,850.00) (235,110.07) (235,110.07) 9.81 20‐4000‐57‐00 W/S Service Initiation (50,000.00) (50,000.00) (3,485.00) (3,485.00) 6.97 20‐4007‐57‐00 Sanitation (800,000.00) (800,000.00) (72,799.99) (72,799.99) 9.10 20‐4009‐57‐00 Late Fee‐W/S (56,000.00) (56,000.00) (11,532.44) (11,532.44) 20.59 Subtotal object ‐ 0 (906,000.00) (906,000.00) (87,817.43) (87,817.43) 9.69 Program number: (906,000.00) (906,000.00) (87,817.43) (87,817.43) 9.69 Department number: 57 Utility Billing Department (906,000.00) (906,000.00) (87,817.43) (87,817.43) 9.69 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (8,975,450.00) (8,975,450.00) (879,797.42) (879,797.42) 9.80 20‐5110‐50‐00 Salaries & Wages 525,495.00 525,495.00 15,491.48 15,491.48 2.95 20‐5115‐50‐00 Salaries ‐ Overtime 25,000.00 25,000.00 1,153.09 1,153.09 4.61 20‐5140‐50‐00 Salaries ‐ Longevity Pay 2,311.00 2,311.00 ‐ 20‐5145‐50‐00 Social Security Expense 29,526.00 29,526.00 990.40 990.40 3.35 20‐5150‐50‐00 Medicare Expense 6,905.00 6,905.00 231.61 231.61 3.35 20‐5155‐50‐00 SUTA Expense 476.00 476.00 ‐ 20‐5160‐50‐00 Health Insurance 59,400.00 59,400.00 1,856.29 1,856.29 3.13 20‐5165‐50‐00 Dental Insurance 3,544.00 3,544.00 97.77 97.77 2.76 20‐5170‐50‐00 Life Insurance/AD&D 779.00 779.00 36.83 36.83 4.73 20 5175 50 00Li bilit(TML)Wk 'C603 00603 0010 635 8410 635 84####### 20‐5175‐50‐00 Liability (TML) Workers' Comp 603.00 603.00 10,635.84 10,635.84 ####### 20‐5176‐50‐00 TML Prop. & Liab Insurance 35,000.00 35,000.00 26,708.60 26,708.60 76.31 20‐5180‐50‐00 TMRS Expense 58,045.00 58,045.00 1,759.27 1,759.27 3.03 20‐5185‐50‐00 Long Term/Short Term Disabilit 767.00 767.00 ‐ 20‐5186‐50‐00 WELLE‐Wellness Prog Reimb‐Empl 3,780.00 3,780.00 110.25 110.25 2.92 20‐5190‐50‐00 Contract Labor 15,000.00 15,000.00 ‐ 20‐5191‐50‐00 Hiring Cost 540.00 540.00 ‐ 20‐5210‐50‐00 Office Supplies 3,000.00 3,000.00 ‐ 20‐5212‐50‐00 Building Supplies 1,500.00 1,500.00 ‐ 20‐5220‐50‐00 Office Equipment 10,500.00 10,500.00 ‐ 20‐5230‐50‐00 Dues,Fees,& Subscriptions 12,444.00 12,444.00 ‐ 20‐5240‐50‐00 Postage and Delivery 24,000.00 24,000.00 ‐ 20‐5250‐50‐00 Publications 50.00 50.00 ‐ 20‐5280‐50‐00 Printing and Reproduction 8,200.00 8,200.00 78.51 78.51 0.96 20‐5290‐50‐00 Miscellaneous Expense 296.20 296.20 ‐ 20‐5310‐50‐00 Rental Expense 5,000.00 5,000.00 ‐ 20‐5320‐50‐00 Repairs & Maintenance 3,500.00 3,500.00 ‐ 20‐5340‐50‐00 Building Repairs 3,900.00 3,900.00 93.72 93.72 2.40 20‐5350‐50‐00 Vehicle Expense 25,000.00 25,000.00 1,981.26 1,981.26 7.93 DETAIL PAGE 28 OF 3726 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 20‐5352‐50‐00 Fuel 36,500.00 36,500.00 ‐ 20‐5353‐50‐00 Oil/Grease/Inspections 2,400.00 2,400.00 ‐ 20‐5400‐50‐00 Uniform Expense 11,100.00 11,100.00 870.76 870.76 7.85 20‐5410‐50‐00 Professional Services 5,000.00 5,000.00 ‐ 20‐5412‐50‐00 Audit Fees 1,000.00 1,000.00 ‐ 20‐5416‐50‐00 Engineering Fees 7,000.00 7,000.00 ‐ 20‐5418‐50‐00 IT Fees 23,000.00 23,000.00 1,000.00 1,000.00 4.35 20‐5419‐50‐00 IT Licenses 1,200.00 1,200.00 ‐ 20‐5430‐50‐00 Legal Fees 2,000.00 2,000.00 ‐ 20‐5435‐50‐00 Legal Notices/Filings 1,000.00 1,000.00 ‐ 20‐5475‐50‐00 Credit Card Fees 16,000.00 16,000.00 2,466.06 2,466.06 15.41 20‐5480‐50‐00 Contracted Services 94,800.00 94,800.00 ‐ 20‐5520‐50‐00 Telephones 6,300.00 6,300.00 349.80 349.80 5.55 20‐5521‐50‐00 Cell Phone Expense 9,320.00 9,320.00 ‐ 20‐5524‐50‐00 Gas‐Building 2,500.00 2,500.00 36.73 36.73 1.47 20‐5525‐50‐00 Electricity 200,000.00 200,000.00 12,610.68 12,610.68 6.31 20‐5526‐50‐00 Data Network 6,800.00 6,800.00 551.82 551.82 8.12 20‐5530‐50‐00 Travel/Lodging/Meals Expense 1,000.00 1,000.00 48.00 48.00 4.80 20‐5533‐50‐00 Mileage Expense 2,700.00 2,700.00 259.45 259.45 9.61 20‐5536‐50‐00 Training/Seminars 7,200.00 7,200.00 ‐ 20‐5540‐50‐00 Water Testing 3,000.00 3,000.00 ‐ 20‐5545‐50‐00 Meter Purchases 220,500.00 220,500.00 ‐ 20 5550 50 00WtPh1 902 100 001 902 100 00123 906 27123 906 27651 20‐5550‐50‐00 Water Purchases 1,902,100.00 1,902,100.00 123,906.27 123,906.27 6.51 20‐5620‐50‐00 Tools & Equipment 16,000.00 16,000.00 126.66 126.66 0.79 20‐5630‐50‐00 Safety Equipment 11,200.00 11,200.00 1,372.93 1,372.93 12.26 20‐5640‐50‐00 Signs & Hardware 1,300.00 1,300.00 ‐ 20‐5650‐50‐00 Maintenance Materials 12,000.00 12,000.00 ‐ 20‐5660‐50‐00 Chemical Supplies 1,000.00 1,000.00 ‐ 20‐5670‐50‐00 System Improvements/Repairs 76,650.00 76,650.00 6,056.75 6,056.75 7.90 20‐6110‐50‐00 Capital Expenditure 215,600.00 215,600.00 ‐ 20‐6140‐50‐00 Capital Expenditure ‐ Equipmen 95,000.00 95,000.00 ‐ 20‐6160‐50‐00 Capital Expenditure ‐ Vehicles 22,000.00 22,000.00 ‐ 20‐6186‐50‐00 2013 Bond Payment 386,928.00 386,928.00 ‐ 20‐6192‐50‐00 2011 Refd Bond Pmt 278,084.00 278,084.00 ‐ 20‐6193‐50‐00 2012 CO Bond Payment 243,200.00 243,200.00 ‐ 20‐6197‐50‐00 2004 CO Bond Payment 538,408.00 538,408.00 ‐ 20‐6198‐50‐00 2006 CO Bond Payment 492,952.00 492,952.00 ‐ 20‐6199‐50‐00 2008 CO Bond Payment 119,813.00 119,813.00 ‐ 20‐6200‐50‐00 Bond Administrative Fees 3,000.00 3,000.00 ‐ 20‐7143‐50‐00 Transfer to Internal Serv. Fd 2,160.00 2,160.00 ‐ 20‐7147‐50‐00 Transfer to GF 494,610.00 494,610.00 41,217.50 41,217.50 8.33 DETAIL PAGE 29 OF 3727 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual Subtotal object ‐ 0 6,436,590.00 6,436,590.00 252,394.53 252,394.53 3.92 Program number: 6,436,590.00 6,436,590.00 252,394.53 252,394.53 3.92 Department number: 50 Water 6,436,590.00 6,436,590.00 252,394.53 252,394.53 3.92 20‐5110‐55‐00 Salaries & Wages 162,724.00 162,724.00 3,921.41 3,921.41 2.41 20‐5115‐55‐00 Salaries ‐ Overtime 10,000.00 10,000.00 470.58 470.58 4.71 20‐5140‐55‐00 Salaries ‐ Longevity Pay 950.00 950.00 ‐ 20‐5145‐55‐00 Social Security Expense 7,604.00 7,604.00 255.01 255.01 3.35 20‐5150‐55‐00 Medicare Expense 2,788.00 2,788.00 59.64 59.64 2.14 20‐5155‐55‐00 SUTA Expense 123.00 123.00 ‐ 20‐5160‐55‐00 Health Insurance 21,600.00 21,600.00 555.45 555.45 2.57 20‐5165‐55‐00 Dental Insurance 1,440.00 1,440.00 32.59 32.59 2.26 20‐5170‐55‐00 Life Insurance/AD&D 337.00 337.00 10.64 10.64 3.16 20‐5175‐55‐00 Liability (TML) Workers' Comp 204.00 204.00 5,568.06 5,568.06 ####### 20‐5180‐55‐00 TMRS Expense 18,235.00 18,235.00 464.46 464.46 2.55 20‐5185‐55‐00 Long Term/Short Term Disabilit 281.00 281.00 ‐ 20‐5186‐55‐00 WELLE‐Wellness Prog Reimb‐Empl 1,680.00 1,680.00 31.50 31.50 1.88 20‐5191‐55‐00 Hiring Cost 200.00 200.00 ‐ 20‐5210‐55‐00 Office Supplies 800.00 800.00 ‐ 20‐5212‐55‐00 Building Supplies 600.00 600.00 ‐ 20‐5220‐55‐00 Office Equipment 1,200.00 1,200.00 ‐ 20‐5230‐55‐00 Dues,Fees,& Subscriptions 2,222.00 2,222.00 ‐ 20‐5240‐55‐00 Postage and Delivery 1,200.00 1,200.00 ‐ 20 5250 55 00Pbli ti100 00100 00 20‐5250‐55‐00 Publications 100.00 100.00 ‐ 20‐5260‐55‐00 Advertising 600.00 600.00 ‐ 20‐5280‐55‐00 Printing and Reproduction 1,000.00 1,000.00 ‐ 20‐5310‐55‐00 Rental Expense 8,000.00 8,000.00 ‐ 20‐5320‐55‐00 Repairs & Maintenance 400.00 400.00 ‐ 20‐5335‐55‐00 Radio/Video Repairs 7,000.00 7,000.00 ‐ 20‐5340‐55‐00 Building Repairs 2,000.00 2,000.00 ‐ 20‐5350‐55‐00 Vehicle Expense 6,000.00 6,000.00 26.94 26.94 0.45 20‐5352‐55‐00 Fuel 18,000.00 18,000.00 ‐ 20‐5353‐55‐00 Oil/Grease/Inspections 1,500.00 1,500.00 ‐ 20‐5400‐55‐00 Uniform Expense 8,600.00 8,600.00 377.83 377.83 4.39 20‐5412‐55‐00 Audit Fees 400.00 400.00 ‐ 20‐5416‐55‐00 Engineering Fees 1,500.00 1,500.00 ‐ 20‐5418‐55‐00 IT Fees 3,700.00 3,700.00 ‐ 20‐5430‐55‐00 Legal Fees 500.00 500.00 ‐ 20‐5480‐55‐00 Contracted Services 50,000.00 50,000.00 ‐ 20‐5520‐55‐00 Telephones 1,000.00 1,000.00 97.66 97.66 9.77 20‐5521‐55‐00 Cell Phone Expense 4,560.00 4,560.00 ‐ 20‐5524‐55‐00 Gas ‐ Building 8.00 8.00 ‐ DETAIL PAGE 30 OF 3728 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 20‐5525‐55‐00 Electricity 49,300.00 49,300.00 1,374.04 1,374.04 2.79 20‐5530‐55‐00 Travel/Lodging/Meals Expense 600.00 600.00 ‐ 20‐5533‐55‐00 Mileage Expense 500.00 500.00 ‐ 20‐5536‐55‐00 Training/Seminars 4,600.00 4,600.00 ‐ 20‐5540‐55‐00 Water Testing 500.00 500.00 ‐ 20‐5560‐55‐00 Sewer Management Fees 1,111,300.00 1,111,300.00 175,203.42 175,203.42 15.77 20‐5620‐55‐00 Tools & Equipment 7,400.00 7,400.00 ‐ 20‐5630‐55‐00 Safety Equipment 11,100.00 11,100.00 495.99 495.99 4.47 20‐5640‐55‐00 Signs & Hardware 1,000.00 1,000.00 ‐ 20‐5650‐55‐00 Maintenance Materials 8,000.00 8,000.00 ‐ 20‐5660‐55‐00 Chemical Supplies 2,000.00 2,000.00 ‐ 20‐5670‐55‐00 System Improvements/Repairs 28,000.00 28,000.00 ‐ 20‐5680‐55‐00 Lift Station Expense 30,000.00 30,000.00 ‐ 20‐6140‐55‐00 Capital Expenditure ‐ Equipmt 26,000.00 26,000.00 ‐ 20‐6160‐55‐00 Capital Expenditure ‐ Vehicles 25,000.00 25,000.00 ‐ 20‐7147‐55‐00 Transfer to GF 214,350.00 214,350.00 17,862.50 17,862.50 8.33 Subtotal object ‐ 0 1,868,706.00 1,868,706.00 206,807.72 206,807.72 11.07 Program number: 1,868,706.00 1,868,706.00 206,807.72 206,807.72 11.07 Department number: 55 Sewer 1,868,706.00 1,868,706.00 206,807.72 206,807.72 11.07 20‐5110‐57‐00 Salaries & Wages 81,903.00 81,903.00 3,051.06 3,051.06 3.73 20‐5115‐57‐00 Salaries ‐ Overtime 5,000.00 5,000.00 92.40 92.40 1.85 20‐5140‐57‐00 Salaries ‐ Longevity Pay 849.00 849.00 ‐ 20 5141 57 00SlIti800 00800 00 20‐5141‐57‐00 Salary‐Incentive 800.00 800.00 ‐ 20‐5145‐57‐00 Social Security Expense 5,490.00 5,490.00 183.68 183.68 3.35 20‐5150‐57‐00 Medicare Expense 1,284.00 1,284.00 42.96 42.96 3.35 20‐5155‐57‐00 SUTA Expense 89.00 89.00 ‐ 20‐5160‐57‐00 Health Insurance 10,904.00 10,904.00 305.65 305.65 2.80 20‐5165‐57‐00 Dental Insurance 727.00 727.00 21.73 21.73 2.99 20‐5170‐57‐00 AD&D/Life Insurance 183.00 183.00 7.09 7.09 3.87 20‐5175‐57‐00 Liability (TML) Workers' Comp 112.00 112.00 227.01 227.01 202.69 20‐5180‐57‐00 TMRS Expense 7,886.00 7,886.00 291.83 291.83 3.70 20‐5185‐57‐00 Long Term/Short Term Disabilit 152.00 152.00 ‐ 20‐5186‐57‐00 WELLE‐Wellness Prog Reimb‐Empl 840.00 840.00 15.75 15.75 1.88 20‐5190‐57‐00 Contract Labor 50.00 50.00 ‐ 20‐5191‐57‐00 Hiring Cost 40.00 40.00 ‐ 20‐5210‐57‐00 Office Supplies 1,500.00 1,500.00 772.94 772.94 51.53 20‐5212‐57‐00 Building Supplies 500.00 500.00 ‐ 20‐5230‐57‐00 Dues,Fees,& Subscriptions 200.00 200.00 ‐ 20‐5240‐57‐00 Postage and Delivery 21,000.00 21,000.00 47.04 47.04 0.22 20‐5280‐57‐00 Printing and Reproduction 1,000.00 1,000.00 ‐ 20‐5400‐57‐00 Uniform Expense 150.00 150.00 ‐ DETAIL PAGE 31 OF 3729 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 20‐5418‐57‐00 IT Fees 8,000.00 8,000.00 ‐ 20‐5419‐57‐00 IT Licenses 10,000.00 10,000.00 ‐ 20‐5470‐57‐00 Trash Collection 718,000.00 718,000.00 ‐ 20‐5479‐57‐00 Household Haz. Waste Disposal 2,500.00 2,500.00 ‐ 20‐5480‐57‐00 Contracted Services 8,983.00 8,983.00 ‐ 20‐5481‐57‐00 Cash Short/Over 1.99 1.99 ‐ 20‐5520‐57‐00 Telephones 800.00 800.00 62.10 62.10 7.76 20‐5530‐57‐00 Travel/Lodging/Meals Expense 300.00 300.00 ‐ 20‐5533‐57‐00 Mileage Expense 1,500.00 1,500.00 ‐ 20‐5536‐57‐00 Training/Seminars 1,100.00 1,100.00 ‐ 20‐7147‐57‐00 Transfer to GF 80,200.00 80,200.00 6,683.33 6,683.33 8.33 Subtotal object ‐ 0 972,042.00 972,042.00 11,806.56 11,806.56 1.22 Program number: 972,042.00 972,042.00 11,806.56 11,806.56 1.22 Department number: 57 Utility Billing Department 972,042.00 972,042.00 11,806.56 11,806.56 1.22 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 9,277,338.00 9,277,338.00 471,008.81 471,008.81 5.08 Fund number: 20 Water/Sewer 301,888.00 301,888.00 (408,788.61) (408,788.61) ####### 30‐4105‐10‐00 Property Taxes ‐Delinquent (30,000.00) (30,000.00) (13,516.81) (13,516.81) 45.06 30‐4110‐10‐00 Property Taxes ‐Current (2,763,240.00) (2,763,240.00) (48,270.87) (48,270.87) 1.75 30‐4115‐10‐00 Taxes ‐Penalties (18,000.00) (18,000.00) (3,664.85) (3,664.85) 20.36 30‐4610‐10‐00 Interest Income (12,000.00) (12,000.00) (635.91) (635.91) 5.30 Subtotal object ‐ 0 (2,823,240.00) (2,823,240.00) (66,088.44) (66,088.44) 2.34 Program number: (2,823,240.00) (2,823,240.00) (66,088.44) (66,088.44) 2.34 Dttb10Ad i i t ti(2 823 240 00)(2 823 240 00)(66 088 44)(66 088 44)234Department number: 10 Administrative (2,823,240.00) (2,823,240.00) (66,088.44) (66,088.44) 2.34 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (2,823,240.00) (2,823,240.00) (66,088.44) (66,088.44) 2.34 30‐6186‐10‐00 2013 GO Ref Bond 282,672.22 282,672.22 ‐ 30‐6191‐10‐00 2010 Tax Note Payment 365,166.25 365,166.25 ‐ 30‐6192‐10‐00 2011 Ref Bond Pmt 177,791.00 177,791.00 ‐ 30‐6193‐10‐00 2012 GO Bond Payment 112,412.50 112,412.50 ‐ 30‐6197‐10‐00 2004 CO Bond Payment 329,992.00 329,992.00 ‐ 30‐6198‐10‐00 2006 Bond Payment 455,033.00 455,033.00 ‐ 30‐6199‐10‐00 2008 CO Bond Payment 1,078,313.00 1,078,313.00 ‐ 30‐6200‐10‐00 Bond Administrative Fees 20,000.00 20,000.00 ‐ Subtotal object ‐ 0 2,821,379.97 2,821,379.97 ‐ Program number: 2,821,379.97 2,821,379.97 ‐ Department number: 10 Administrative 2,821,379.97 2,821,379.97 ‐ Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 2,821,379.97 2,821,379.97 ‐ Fund number: 30 Interest and Sinking (1,860.03) (1,860.03) (66,088.44) (66,088.44) ####### 40‐4100‐10‐00 Charges for Services (30,000.00) (30,000.00) ‐ 40‐4610‐10‐00 Interest Income (500.00) (500.00) (58.74) (58.74) 11.75 40‐4995‐10‐00 Transfer In (19,160.00) (19,160.00) ‐ Subtotal object ‐ 0 (49,660.00) (49,660.00) (58.74) (58.74) 0.12 DETAIL PAGE 32 OF 3730 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual Program number: (49,660.00) (49,660.00) (58.74) (58.74) 0.12 Department number: 10 General Fund (49,660.00) (49,660.00) (58.74) (58.74) 0.12 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (49,660.00) (49,660.00) (58.74) (58.74) 0.12 40‐5160‐10‐00 MERP H & D Expense ‐ GF 49,000.00 49,000.00 ‐ Subtotal object ‐ 0 49,000.00 49,000.00 ‐ Program number: 49,000.00 49,000.00 ‐ Department number: 10 General Fund 49,000.00 49,000.00 ‐ Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 49,000.00 49,000.00 ‐ Fund number: 40 Internal Service Fund (660.00) (660.00) (58.74) (58.74) 8.90 45‐4001‐10‐00 Storm Drainage Utility Fee (228,800.00) (228,800.00) (19,931.40) (19,931.40) 8.71 45‐4610‐10‐00 Interest Storm Utility (1,600.00) (1,600.00) (151.79) (151.79) 9.49 Subtotal object ‐ 0 (230,400.00) (230,400.00) (20,083.19) (20,083.19) 8.72 Program number: (230,400.00) (230,400.00) (20,083.19) (20,083.19) 8.72 Department number: 10 Administration (230,400.00) (230,400.00) (20,083.19) (20,083.19) 8.72 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (230,400.00) (230,400.00) (20,083.19) (20,083.19) 8.72 45‐5110‐10‐00 Salaries 28,514.00 28,514.00 967.68 967.68 3.39 45‐5115‐10‐00 Salaries‐Overtime 2,000.00 2,000.00 27.62 27.62 1.38 45‐5140‐10‐00 Salaries‐Longevity Pay 195.00 195.00 ‐ 45‐5145‐10‐00 Social Security Expense 1,904.00 1,904.00 61.70 61.70 3.24 45‐5150‐10‐00 Medicare Expense 445.00 445.00 14.43 14.43 3.24 45‐5155‐10‐00 SUTA Expense 31.00 31.00 ‐ 45‐5160‐10‐00 Health Insurance 5,400.00 5,400.00 249.80 249.80 4.63 45 5165 10 00DtlE360 00360 00 45‐5165‐10‐00 Dental Expense 360.00 360.00 ‐ 45‐5170‐10‐00 Life Ins/AD&D 64.00 64.00 3.55 3.55 5.55 45‐5175‐10‐00 Liability (TML) Workers Comp 39.00 39.00 1,447.69 1,447.69 ####### 45‐5180‐10‐00 TMRS Expense 3,224.00 3,224.00 106.15 106.15 3.29 45‐5185‐10‐00 Long Term/Short Term Disabilit 53.00 53.00 ‐ 45‐5186‐10‐00 WELLE‐Wellness Prog Reimb Empl 420.00 420.00 15.75 15.75 3.75 45‐5191‐10‐00 Hiring Cost 40.00 40.00 ‐ 45‐5210‐10‐00 Office Supplies 400.00 400.00 ‐ 45‐5250‐10‐00 Publications 37.00 37.00 ‐ 45‐5310‐10‐00 Rental Expense 7,800.00 7,800.00 ‐ 45‐5320‐10‐00 Repairs & Maiantenance 800.00 800.00 ‐ 45‐5340‐10‐00 Building Repairs 500.00 500.00 ‐ 45‐5350‐10‐00 Vehicle Expense 1,500.00 1,500.00 ‐ 45‐5352‐10‐00 Fuel 2,000.00 2,000.00 ‐ 45‐5353‐10‐00 Oil/Grease/Inspections 400.00 400.00 ‐ 45‐5400‐10‐00 Uniforms 1,700.00 1,700.00 130.00 130.00 7.65 45‐5410‐10‐00 Professional Services‐Storm Dr 5,000.00 5,000.00 ‐ 45‐5480‐10‐00 Contract Services 38,000.00 38,000.00 ‐ 45‐5520‐10‐00 Telephones 300.00 300.00 ‐ DETAIL PAGE 33 OF 3731 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 45‐5521‐10‐00 Cell Phone Expense 350.00 350.00 ‐ 45‐5530‐10‐00 Travel/Lodging/Meals Expense 200.00 200.00 ‐ 45‐5536‐10‐00 Training/Seminars 800.00 800.00 ‐ 45‐5620‐10‐00 Tools & Equipment 2,000.00 2,000.00 ‐ 45‐5630‐10‐00 Safety Equipment 1,500.00 1,500.00 170.99 170.99 11.40 45‐5640‐10‐00 Signs & Hardware 600.00 600.00 ‐ 45‐5650‐10‐00 Maintenance Materials 4,000.00 4,000.00 ‐ 45‐6140‐10‐00 Capital Expense‐Equipment 163,726.00 163,726.00 ‐ 45‐6193‐10‐00 2012 CO Bond Payment 106,918.00 106,918.00 ‐ 45‐7143‐10‐00 Transfer to Internal Serv. Fd 240.00 240.00 ‐ 45‐7147‐10‐00 Transfer to GF 12,540.00 12,540.00 1,045.00 1,045.00 8.33 Subtotal object ‐ 0 394,000.00 394,000.00 4,240.36 4,240.36 1.08 Program number: 394,000.00 394,000.00 4,240.36 4,240.36 1.08 Department number: 10 Administration 394,000.00 394,000.00 4,240.36 4,240.36 1.08 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 394,000.00 394,000.00 4,240.36 4,240.36 1.08 Fund number: 45 Storm Drainage Utility Fund 163,600.00 163,600.00 (15,842.83) (15,842.83) (9.68) 60‐4045‐60‐00 Park Dedication‐Fees (100,000.00) (100,000.00) ‐ 60‐4055‐60‐00 Park Improvement (200,000.00) (200,000.00) ‐ 60‐4615‐60‐00 Interest‐Park Dedication (1,200.00) (1,200.00) (118.00) (118.00) 9.83 60‐4620‐60‐00 Interest‐Park Improvements (350.00) (350.00) (70.73) (70.73) 20.21 Subtotal object ‐ 0 (301,550.00) (301,550.00) (188.73) (188.73) 0.06 Program number: (301,550.00) (301,550.00) (188.73) (188.73) 0.06 Dttb60PkdRti(301 550 00)(301 550 00)(188 73)(188 73)006Department number: 60 Parks and Recreation (301,550.00) (301,550.00) (188.73) (188.73) 0.06 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (301,550.00) (301,550.00) (188.73) (188.73) 0.06 60‐5290‐60‐00 Miscellaneous Expense 10.00 10.00 ‐ 60‐5411‐60‐00 Professional Services‐Pk Imp 20,000.00 20,000.00 ‐ 60‐6120‐60‐00 Capital Exp‐Pk Improvements 30,000.00 30,000.00 ‐ 60‐6140‐60‐00 Capital Exp‐Pk Dedication 650,000.00 650,000.00 ‐ Subtotal object ‐ 0 700,000.00 700,000.00 10.00 10.00 0.00 Program number: 700,000.00 700,000.00 10.00 10.00 0.00 Department number: 60 Parks and Recreation 700,000.00 700,000.00 10.00 10.00 0.00 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 700,000.00 700,000.00 10.00 10.00 0.00 Fund number: 60 Parks & Recreation Fund 398,450.00 398,450.00 (178.73) (178.73) (0.05) 65‐4015‐99‐00 Impact Fees ‐Water (800,000.00) (800,000.00) (375,405.00) (375,405.00) 46.93 65‐4020‐99‐00 Impact Fees ‐Sewer (700,000.00) (700,000.00) (42,483.00) (42,483.00) 6.07 65‐4040‐99‐00 Thoroughfare Impact Fees (1,100,000.00) (1,100,000.00) (114,594.78) (114,594.78) 10.42 65‐4041‐99‐00 West Thorfare Imp. Fees Rev (70,813.00) (70,813.00) ‐ 65‐4615‐99‐00 Interest‐Water Impact Fee (4,000.00) (4,000.00) (264.08) (264.08) 6.60 65‐4620‐99‐00 Interest‐Sewer Impact Fee (4,000.00) (4,000.00) (117.05) (117.05) 2.93 65‐4640‐99‐00 Interest‐Thorfare Imp Fee (12,000.00) (12,000.00) (201.19) (201.19) 1.68 65‐4641‐99‐00 Interest‐West Thorfare imp fee (72.61) (72.61) ‐ DETAIL PAGE 34 OF 3732 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual Subtotal object ‐ 0 (2,620,000.00) (2,620,000.00) (603,950.71) (603,950.71) 23.05 Program number: (2,620,000.00) (2,620,000.00) (603,950.71) (603,950.71) 23.05 Department number: 99 Impact Fees (2,620,000.00) (2,620,000.00) (603,950.71) (603,950.71) 23.05 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (2,620,000.00) (2,620,000.00) (603,950.71) (603,950.71) 23.05 65‐5415‐99‐00 Professional Serv‐Water Imp Fe 1,220,000.00 1,220,000.00 ‐ 65‐5420‐99‐00 Professional Serv‐Sewer Imp Fe 255,000.00 255,000.00 ‐ 65‐5440‐99‐00 Professional Serv‐Thorfare Imp 60,000.00 60,000.00 ‐ 65‐7144‐99‐00 Transfer to Capital Proj Fund 300,000.00 300,000.00 ‐ Subtotal object ‐ 0 1,835,000.00 1,835,000.00 ‐ Program number: 1,835,000.00 1,835,000.00 ‐ Department number: 99 Impact Fees 1,835,000.00 1,835,000.00 ‐ Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 1,835,000.00 1,835,000.00 ‐ Fund number: 65 Impact Fees (785,000.00) (785,000.00) (603,950.71) (603,950.71) 76.94 67‐4530‐10‐00 Police Donation Inc (16,000.00) (16,000.00) (791.00) (791.00) 4.94 67‐4531‐10‐00 Fire Dept‐Donation Inc (12,000.00) (12,000.00) (1,807.00) (1,807.00) 15.06 67‐4532‐10‐00 Safety Fair Donations (2,000.00) (2,000.00) ‐ 67‐4535‐10‐00 Child Safety Inc (9,000.00) (9,000.00) ‐ 67‐4536‐10‐00 Court Security Revenue (2,900.00) (2,900.00) (349.14) (349.14) 12.04 67‐4537‐10‐00 Technology Fd Revenue (4,000.00) (4,000.00) (465.52) (465.52) 11.64 67‐4610‐10‐00 Interest Income (439.16) (439.16) ‐ 67‐4721‐10‐00 Country Xmas Donations (10,000.00) (10,000.00) (750.00) (750.00) 7.50 67‐4761‐10‐00 Tree Mitigation Revenue (14,175.00) (14,175.00) ‐ 67 4916 10 00ChSiFfitPD(500 00)(500 00) 67‐4916‐10‐00 Cash Seizure Forfeit‐PD (500.00) (500.00) ‐ Subtotal object ‐ 0 (56,400.00) (56,400.00) (18,776.82) (18,776.82) 33.29 Program number: (56,400.00) (56,400.00) (18,776.82) (18,776.82) 33.29 Department number: 10 Administrative (56,400.00) (56,400.00) (18,776.82) (18,776.82) 33.29 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (56,400.00) (56,400.00) (18,776.82) (18,776.82) 33.29 67‐5202‐10‐00 Country Xmas Expense 10,000.00 10,000.00 ‐ 67‐5203‐10‐00 Court Technology Expense 12,200.00 12,200.00 ‐ 67‐5204‐10‐00 Court Security Expense 2,500.00 2,500.00 ‐ 67‐5205‐10‐00 Police Donation Exp 8,000.00 8,000.00 ‐ 67‐5206‐10‐00 Fire Dept Donation Exp 8,000.00 8,000.00 275.00 275.00 3.44 67‐5207‐10‐00 Health & Safety Fair Exp 1,500.00 1,500.00 ‐ 67‐5208‐10‐00 Child Safety Expense 1,000.00 1,000.00 ‐ 67‐5209‐10‐00 Escrow Expense 15,500.00 15,500.00 ‐ 67‐5291‐10‐00 Special Operations 500.00 500.00 ‐ Subtotal object ‐ 0 59,200.00 59,200.00 275.00 275.00 0.47 Program number: 59,200.00 59,200.00 275.00 275.00 0.47 Department number: 10 Administrative 59,200.00 59,200.00 275.00 275.00 0.47 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 59,200.00 59,200.00 275.00 275.00 0.47 Fund number: 67 Special Revenue‐Donations 2,800.00 2,800.00 (18,501.82) (18,501.82) ####### DETAIL PAGE 35 OF 3733 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 75‐4611‐10‐00 Interest‐2004 Bond (1,000.00) (1,000.00) (173.05) (173.05) 17.31 75‐4612‐10‐00 Interest‐2006 Bond (1,000.00) (1,000.00) (30.87) (30.87) 3.09 75‐4613‐10‐00 Interest 2008 Bond (1,000.00) (1,000.00) (2,173.57) (2,173.57) 217.36 75‐4615‐10‐00 Interest‐2011 Refd Bond (70.00) (70.00) ‐ 75‐4616‐10‐00 Interest 2012 GO Bond (5,000.00) (5,000.00) (1,138.85) (1,138.85) 22.78 75‐4999‐10‐00 Bond Proceeds (1,965,000.00) (1,965,000.00) ‐ Subtotal object ‐ 0 (1,973,070.00) (1,973,070.00) (3,516.34) (3,516.34) 0.18 Program number: (1,973,070.00) (1,973,070.00) (3,516.34) (3,516.34) 0.18 Department number: 10 Capital Projects (1,973,070.00) (1,973,070.00) (3,516.34) (3,516.34) 0.18 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (1,973,070.00) (1,973,070.00) (3,516.34) (3,516.34) 0.18 75‐5110‐10‐00 Salaries & Wages 92,820.00 92,820.00 3,065.76 3,065.76 3.30 75‐5140‐10‐00 Salaries ‐ Longevity 459.00 459.00 ‐ 75‐5141‐10‐00 Salary ‐ Incentive 300.00 300.00 ‐ 75‐5145‐10‐00 Social Security Expense 5,802.00 5,802.00 190.08 190.08 3.28 75‐5150‐10‐00 Medicare Expense 1,357.00 1,357.00 44.45 44.45 3.28 75‐5155‐10‐00 SUTA Expense 93.00 93.00 ‐ 75‐5160‐10‐00 Health Insurance 5,400.00 5,400.00 ‐ 75‐5165‐10‐00 Dental Insurance 360.00 360.00 ‐ 75‐5170‐10‐00 Life Insurance/AD&D 114.00 114.00 3.55 3.55 3.11 75‐5175‐10‐00 Liability (TML) Workers' Comp 118.00 118.00 145.67 145.67 123.45 75‐5180‐10‐00 TMRS Expense 9,826.00 9,826.00 321.90 321.90 3.28 75‐5185‐10‐00 Long Term/Short Term Disabilit 173.00 173.00 ‐ 75 5186 10 00WELLEWllPRi bEl420 00420 00 75‐5186‐10‐00 WELLE‐Wellness Prog Reimb‐Empl 420.00 420.00 ‐ 75‐6610‐10‐00 Construction 4,662,758.00 4,662,758.00 ‐ Subtotal object ‐ 0 4,780,000.00 4,780,000.00 3,771.41 3,771.41 0.08 Program number: 4,780,000.00 4,780,000.00 3,771.41 3,771.41 0.08 Department number: 10 Capital Projects 4,780,000.00 4,780,000.00 3,771.41 3,771.41 0.08 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 4,780,000.00 4,780,000.00 3,771.41 3,771.41 0.08 Fund number: 75 Capital Projects 2,806,930.00 2,806,930.00 255.07 255.07 0.01 76‐4610‐10‐00 Interest Income (50,000.00) (50,000.00) (3,797.95) (3,797.95) 7.60 76‐4999‐10‐00 Bond Proceeds (1,000,000.00) (1,000,000.00) 0 Subtotal object ‐ 0 (1,050,000.00) (1,050,000.00) (3,797.95) (3,797.95) 0.36Program number: (1,050,000.00) (1,050,000.00) (3,797.95) (3,797.95) 0.36Department number: 10 Capital Projects‐W/S (1,050,000.00) (1,050,000.00) (3,797.95) (3,797.95) 0.36 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (1,050,000.00) (1,050,000.00) (3,797.95) (3,797.95) 0.36 76‐6610‐10‐00 Construction 1,000,000.00 1,000,000.00 0 76‐6610‐10‐00‐1203‐SW Construction 146.77 146.77 0 76‐6610‐10‐00‐1203‐WA Construction 239.48 239.48 0 Subtotal object ‐ 0 1,000,000.00 1,000,000.00 386.25 386.25 0.04Program number: 1,000,000.00 1,000,000.00 386.25 386.25 0.04Department number: 10 Capital Projects‐W/S 1,000,000.00 1,000,000.00 386.25 386.25 0.04DETAIL PAGE 36 OF 3734 of 35Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSOCTOBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 1,000,000.00 1,000,000.00 386.25 386.25 0.04Fund number: 76 Capital Projects ‐ Water/Sewer (50,000.00) (50,000.00) (3,411.70) (3,411.70) 6.82DETAIL PAGE 37 OF 3735 of 35Item 5b
Page 1 of 1
To: Mayor and Town Council
From: Chris Copple, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – January 14, 2014
Agenda Item:
Consider and act upon an ordinance rezoning 76.1± acres, located on the east side of Legacy
Drive, 1,400± feet north of Prosper Trail, from Agricultural (A) to Planned Development-Single
Family-15 (PD-SF-15). (Z13-0016).
Description of Agenda Item:
On December 10, 2013, the Town Council approved zoning case Z13-0016, by a vote of 6-0.
Town staff has prepared an ordinance rezoning the property.
Legal Obligations and Review:
Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving
a zoning request and adopting an ordinance rezoning property. A public hearing has been held
and the Town Council approved the zoning case. The attached ordinance is a standard format
that was previously approved by the Town Attorney, Terrence Welch.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town staff recommends the Town Council approve an ordinance rezoning 176.1± acres,
located on the east side of Legacy Drive, 1,400± feet north of Prosper Trail, from Agricultural (A)
to Planned Development-Single Family-15 (PD-SF-15).
Proposed Motion:
I move to adopt an ordinance rezoning 76.1± acres, located on the east side of Legacy Drive,
1,400± feet north of Prosper Trail, from Agricultural (A) to Planned Development-Single Family-
15 (PD-SF-15).
Prosper is a place where everyone matters.
PLANNING
Item 5c
TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-__
AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 76.12 ACRES, MORE OR
LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY,
ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY,
TEXAS, HERETOFORE ZONED AGRICULTURAL (A) IS HEREBY REZONED
AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED
DEVELOPMENT-SINGLE FAMILY-15 (PD-SF-15); DESCRIBING THE TRACT
TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF
THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that Zoning Ordinance No. 05-20 should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from West
Prosper 76, Ltd (“Applicant”) to rezone 76.12 acres of land, more or less, situated in the Collin
County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas;
and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all
other requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended
as follows: The zoning designation of the property containing 76.12 acres of land, more or less,
situated in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper,
Collin County, Texas, (the “Property”) and all streets, roads and alleyways contiguous and/or
adjacent thereto is hereby rezoned as Planned Development-Single Family-15 (PD-SF-15).
The Property as a whole and for this zoning classification is more particularly described in
Exhibit “A” attached hereto and incorporated herein for all purposes as if set forth verbatim.
Item 5c
Ordinance No. 14-__, Page 2
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the statement of intent and purpose,
attached hereto as Exhibit “B”; 2) the planned development standards, attached hereto as
Exhibit “C”; 3) the concept plan, attached hereto as Exhibit “D”; and 4) the development
schedule, attached hereto as Exhibit “E”, which are incorporated herein for all purposes as if set
forth verbatim. Except as amended by this Ordinance, the development of the Property within
this Planned Development District must comply with the requirements of all ordinances, rules,
and regulations of Prosper, as they currently exist or may be amended.
Three (3) original, official and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original
records and shall not be changed in any matter.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
Written notice of any amendment to this District shall be sent to all owners of properties
within the District as well as all properties within two hundred feet (200’) of the District to be
amended.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
Item 5c
Ordinance No. 14-__, Page 3
SECTION 6
Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 14TH DAY OF JANUARY, 2014.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 5c
Item 5c
EXHIBIT B FOR Z13-0016
STATEMENT OF INTENT AND PURPOSE
The purpose of this planned development is to contribute to the positive environment created by the PD
regulations established for residential planned developments in the immediate vicinity. The proposed
development standards incorporate many of the development standards previously adopted by the
Legacy Crossing Planned Development. This property will further the design for the residential planned
development is the area by having consistent development standards, entrance, common areas, and buffer
treatments.
This planned development will also allow the opportunity to tie into the adjacent Legacy Crossing development
which will further the positive atmosphere created by that community and allow for access to and
from Legacy Drive.
Item 5c
EXHIBIT C FOR Z13-0016
76.12 ACRES (GROSS)
PLANNED DEVELOPMENT STANDARDS
1.0 Planned Development District - Single Family Residential
1.1 The property shall be developed in accordance with the Single Family-15 District as outlined
in the Town of Prosper Zoning Ordinance 05-20, as it exists or may be amended, unless
identified below.
1.2 Development Pattern: The property shall generally develop in accordance with Exhibit D,
Zoning Exhibit.
1.3 Number of Lots: The maximum number of single-family residential lots within the proposed
development shall not exceed 121 (maximum dwelling unit density 1.6 dwelling
units per acre).
1.4 Setbacks
a. Minimum Front Yard: 35'.
b. Minimum Side Yard: 10', 15' on corner adjacent to a side street.
c. Minimum Rear Yard: 25'.
1.5 Minimum Lot Area: 13,500 square feet. A maximum of 10 single family lots may be between 13,500-14,999
square feet in area. All other single family lots shall be a minimum of 15,000 square feet in area.
1.6 Minimum Average Lot Area: 15,000 square feet.
1.7 Minimum Lot Width at Front Building Line: 100'.
1.8 Minimum Lot Depth: 135’.
1.9 Minimum Dwelling Area: 2,500 square feet.
1.10 The maximum impervious surface shall be 50% of the area between the street and the main
building.
1.11 A minimum of 15 acres shall be designated for open space. These private open space areas shall be
owned and maintained by the HOA.
1.12 Plan elevations shall alternate at a minimum of every four (4) homes on the same side of a street and every
three (3) homes on opposite sides of the street.
1.13 Required Parking: A minimum of 4 off-street, concrete parking spaces shall be provided for
each residential unit. As part of the parking requirement, at least 2 of the off-street parking
spaces shall be in an enclosed garage. Garage doors shall be located on or behind the
applicable setback line for the residential unit. Carports shall be prohibited. The parking of
motor homes, boats, and/or trailers on a lot facing a street or on a street, is prohibited.
1.14 Fencing: Privacy fences on single family residential lots shall be located ten (10) feet behind
the front elevation of the main building and shall not exceed eight (8) feet in height above
grade. All fencing located on single family residential lots adjacent to open space, parks, or
floodplain shall consist of ornamental metal (wrought iron or decorative tubular steel). All
wood fencing shall consist of cedar, board on board with a top rail, and comply with the
Town’s fencing standards as they exist or may be amended. A common wood fence stain
color shall be established for the development.
Item 5c
1.15 All required detention areas shall be provided for in a wet detention pond (constant
water level) with a fountain.
1.16 All homes shall provide an exterior lighting package to illuminate front entrances,
landscaping and trees located in the front yard and garages.
1.17 A house with a three (3) car garage/enclosed parking spaces shall not have more than
two (2) garage doors facing the street. A maximum of 33% of the houses may have
two garage doors facing the street. A minimum of 67% of the houses shall have
swing-in driveways and/or side facing garages.
1.18 A minimum 40-foot wide landscape buffer shall be provided adjacent to Legacy
Drive. The landscape buffer shall be located in a private “non-buildable” lot that is
owned and maintained by the HOA. All planting, screening walls, and design
elements shall comply with the Town’s Subdivision Ordinance as existing or
amended.
2.0 General Conditions
2.1 Homeowners Association. Each lot shall be a member of the Legacy Creek Estates
Homeowner's Association.
Item 5c
15'40' LANDSCAPEBUFFER50' R.O.W.25'R50'R50' R.O.W.50' R.O.W.50' R.O.W.50'R50' R.O.W.226'219.4'LEGACY DR.118.6'APPROX.420'TOPARVINRD.PARVIN RD.40'R50' R.O.W.208'50' R.O.W.209.8'282.3'60' R.O.W. DEDICATION60' R.O.W. DEDICATIONN 89mÚ7ÚN 01mÚ%ÚS 89mÚ%ÚS 02mÚ7Ú
N 01mÚ%1515.95'N 88mÚ7ÚS 89mÚ741.98'S 89mÚ777.75'S 86mÚ7ÚN 89mÚ755.52'S 89mÚ7Ú610
610610600
600600600 6000100'100' 200'50'400'SCALE: 1"=100'-00"1LEGACY CREEK ESTATES - CONCEPTUAL LOT LAYOUTSCALE: 1" = 100'-0"PROJECT NUMBER
CASE NUMBER
10/04/13WEST PROSPER 76, LTD.
TOWN OF PROSPER, TEXAS
3904 Elm Street, Suite B
Dallas, Texas 75226
MOBILE: 214.729.7949
OFFICE: 214.824.7949
rob@baldwinplanning.com FRONTIER PARKWAYDALLAS PARKWAYPROSPER TRAIL76 ACRES - 121 LOTS1.59 LOTS/AC.AVG. LOT SIZE: 15,870.9 SFMIN. OPEN SPACE: 16.86 ACNOTE: THE THOROUGHFAREALIGNMENT(S) SHOWN ON THISEXHIBIT ARE FOR ILLUSTRATIONPURPOSES AND DOES NOT SET THEALIGNMENT. THE ALIGNMENT ISDETERMINED AT TIME OF FINAL PLAT. Z13 - 0016 EXHIBIT DLEGACY CREEKESTATESItem 5c
Exhibit E for Z13-0016
76.12 Acres (Gross)
Development Schedule
The zoning application was submitted in early August of 2013. The intent is to have the
property rezoned by the end of 2013 and the platting and development begin in early 2014 with
lots being on the ground and able to be sold by the second half of 2014.
Item 5c
Page 1 of 1
To: Mayor and Town Council
From: Chris Copple, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – January 14, 2014
Agenda Item:
Consider and act upon an ordinance granting a Specific Use Permit (SUP) for a Concrete
Batching Plant on 5.0± acres, located on the west side of Dallas Parkway, 900± feet south of
First Street. The property is zoned Planned Development-19-Commercial Corridor (PD-19-CC).
(S13-0001).
Description of Agenda Item:
On December 10, 2013, the Town Council approved zoning case S13-0001, by a vote of 6-0.
Town staff has prepared an ordinance granting a SUP.
Legal Obligations and Review:
Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving
a SUP request and adopting an ordinance. A public hearing has been held and the Town
Council approved the SUP case. The attached ordinance is a standard format that was
previously approved by the Town Attorney, Terrence Welch.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town staff recommends the Town Council approve an ordinance granting a Specific Use Permit
(SUP) for a Concrete Batching Plant on 5.0± acres, located on the west side of Dallas Parkway,
900± feet south of First Street.
Proposed Motion:
I move to adopt an ordinance granting a Specific Use Permit (SUP) for a Concrete Batching
Plant on 5.0± acres, located on the west side of Dallas Parkway, 900± feet south of First Street.
Prosper is a place where everyone matters.
PLANNING
Item 5d
TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-__
AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20
AND ORDINANCE NO. 11-73; GRANTING A SPECIFIC USE PERMIT (SUP)
FOR CONCRETE BATCHING PLANT, LOCATED ON A TRACT OF LAND
CONSISTING OF 4.955 ACRES, MORE OR LESS, SITUATED IN THE COLLIN
COUNTY SCHOOL LAND SURVEY NO. 12, ABSTRACT NO. 147, BLOCK 4,
TRACT 36, LOCATED AT 570 SOUTH DALLAS PARKWAY, IN THE TOWN
OF PROSPER, COLLIN COUNTY, TEXAS; DESCRIBING THE TRACT TO BE
REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that Zoning Ordinance No. 05-20 and Ordinance No. 11-73 should
be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from A & J
Owens LTD. (“Applicant”) for a Specific Use Permit (SUP) to allow for a Concrete Batching
Plant on a tract of land zoned Planned Development-19-Commercial Corridor (PD-19),
consisting of 4.955 acres of land, more or less, situated in the Collin County School Land
Survey No. 12, Abstract No. 147, Block 4, Tract 36, located at 570 South Dallas Parkway, in the
Town of Prosper, Collin County, Texas, and being particularly being described in Exhibit “A”,
attached hereto and incorporated herein for all purposes; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required to grant a Specific Use Permit (SUP) have been
given in the manner and form set forth by law, public hearings have been held and all other
requirements of notice and completion of such procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Specific Use Permit Granted. Zoning Ordinance No. 05-20 and Ordinance No. 11-73 is
amended as follows: Applicant is granted a Specific Use Permit (SUP) to allow the operation of
a Concrete Batching Plant, on a tract of land zoned Planned Development-19-Commercial
Corridor (PD-19), consisting of 4.955 acres of land, more or less, situated in the Collin County
Item 5d
Ordinance No. 14-__, Page 2
School Land Survey No. 12, Abstract No. 147, Block 4, Tract 36, located at 570 South Dallas
Parkway, in the Town of Prosper, Collin County, Texas, and being particularly being described
in Exhibit “A”, attached hereto and incorporated herein for all purposes as if set forth verbatim,
subject to the following conditions of approval by the Town Council:
1. The SUP expires three (3) years after the adoption of the Ordinance. The applicant may
seek a renewal term to the SUP in order to continue the Concrete Batching Plant use.
2. An onsite billing office is required to continue the Concrete Batching Plant use. All
concrete deliveries from the physical Prosper location shall be billed as taxable to the
Town of Prosper.
3. Town of Prosper reserves the right to audit books to ensure that Prosper is the primary
HUB for tax revenue and upon inspections, if there are any failures to correct errors;
Town of Prosper reserves the right to revoke the SUP.
The property shall continue to be used in a manner consistent with the conditions expressly
stated in the site plan, attached hereto as Exhibit “B”, which is incorporated herein for all
purposes as if set forth verbatim.
Except as amended by this Ordinance, the development of the Property within this Specific Use
Permit (SUP) shall comply fully with the requirements of all ordinances, rules, and regulations of
the Town of Prosper, as they currently exist or may be amended.
Three (3) original, official and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original
records and shall not be changed in any matter.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
Written notice of any amendment to this District shall be sent to all owners of properties
within the District as well as all properties within two hundred feet (200’) of the District to be
amended.
SECTION 3
Specific Use Permit Expiration Date. This Specific Use Permit shall expire on January
14, 2017. The applicant may seek an extension to the Specific Use Permit by following the
procedure in Chapter 2, Section 25 of the Zoning Ordinance as it currently exists or may be
amended.
Item 5d
Ordinance No. 14-__, Page 3
SECTION 4
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 5
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 6
Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 7
Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 8
Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 9
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
Item 5d
Ordinance No. 14-__, Page 4
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 14TH DAY OF JANUARY, 2014.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 5d
Item 5d
Item 5d
To: Mayor and Town Council
From: Chris Copple, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – January 14, 2014
Agenda Item:
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.
Description of Agenda Item:
Attached are the site plans and/or preliminary site plans acted on by the Planning & Zoning
Commission at their January 7, 2014 meeting. Per the Town’s Zoning Ordinance, the Town
Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town
Council to the Development Services Department for any site plan or preliminary site plan acted
on by the Planning & Zoning Commission.
Attached Documents:
1. Site plan for Stone Creek Commercial, Block C, Lot 4R
Town Staff Recommendation:
Town staff recommends the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Item 5e
Y:\02023\04\02023-04_SITE PLAN.dwg, Layout1, 1/2/2014 10:40:50 AM, bjaffe, Dowdey, Anderson & Associates, Inc., BJ
0GRAPHIC SCALE( IN FEET )1 inch = ft.STATE REGISTRATION NUMBER: F-399289380PROSPERItem 5e
Page 1 of 1
To: Mayor and Town Council
From: Kent R. Austin, Finance Director
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – January 14, 2014
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a sales tax consultant
services agreement with MuniServices, LLC.
Description of Agenda Item:
Sales taxes are an important and growing element of the Town’s General Fund revenue budget,
rising from $1,937,919 in FY2012 to $2,425,013 in FY2013. The attached consultant services
agreement will help the Town ensure that it receives all the sales tax it is owed. MuniServices
assists the Town in two ways—first, by performing sales tax compliance work (such as with
concrete batch plants) to recover money owed but not paid to the Town, and second, by
providing monthly and quarterly reports to Town officials on sales tax activity by taxpayer
Budget Impact:
The exact budget impact depends on the amount of sales recovery that occurs. The fees are
structured as $3,500 a year (waived if the STARS package is also purchased) and a 35%
contingency of revenue recovered for eight quarters following the recovery. The Sales/Use Tax
Analysis and Reporting Service Package (STARS) costs $6,000, payable from the
Administration department’s professional services account. If MuniServices is successful in
recovering sales tax money for the Town so that fees exceed the existing budget, then a budget
amendment will be needed. Recovered revenues would offset the fees.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, LLP, approved this agreement as to form and legality.
Attached Documents:
1. MuniServices, LLC, Consultant Services Agreement
Town Staff Recommendation:
Town staff recommends authorizing the Town Manager to execute a sales tax consultant
services agreement with MuniServices, LLC.
Recommended Motion:
I move to approve authorizing the Town Manager to execute a sales tax consultant services
agreement with MuniServices, LLC.
Prosper is a place where everyone matters.
FINANCE
Item 7
Prosper, TX – SUTA, STARS 12-03-13 1
MuniServices, LLC
Consultant Services Agreement
1. Us.
We are MuniServices, LLC, a Delaware limited
liability company, and a wholly owned
subsidiary of Portfolio Recovery Associates,
Inc.; with an office at 7625 N. Palm Avenue,
Suite 108, Fresno, California 93711. In this
Agreement we are referred to as
“MuniServices” or “we”, “our”, “us. We use our
sister company, RDS, to assist us with work.
Sometimes we will refer to you and us as the
“Parties.”
If you need to contact us a short list of helpful
contacts is attached as Attachment 3.
If you are sending us a notice required by this
Agreement, send it to:
MuniServices, LLC
Attn: Legal Department
7625 N. Palm Avenue, Suite 108
Fresno, CA 93711
Email: legal@muniservices.com
Facsimile: 559.312.2957
When providing notice to us, you must also
provide a copy of the notice to: PRA General
Counsel, 120 Corporate Blvd., Suite 100,
Norfolk, VA 23502. All notices, including
notices of address changes, provided under
this Agreement are deemed received on the
third day after mailing if sent by regular mail,
or the next day if sent overnight delivery. We
do not accept notices by email or facsimile.
Notice of rate changes or distribution changes
must be sent by certified mail.
2. You.
You are the Town of Prosper. You are a
municipal corporation of the State of Texas. In
this Agreement we will refer to you as “you”,
“your”, “yours”. If we are sending you a notice
required by this Agreement, we will send it to:
Town of Prosper
Attn: Kent Austin, Finance Director
POB 307
Prosper, TX 75078
Email: kent_austin@prospertx.gov
Facsimile: 972.346.9335
3. Our Services and your payment.
We will provide you with the services listed in
Attachment 1 (the “Services”). You will pay us
the fees listed in that same Attachment. If we
are providing more than one Service, each
service will have a separate attachment and
will be labeled Attachment 1-1, 1-2, etc.
4. What our Services do not include.
We do not provide to you or any third-parties
any legal advice or services. We also do not
provide tax advice to you or third parties. Also
we cannot and therefore do not establish: the
tax rates due from taxpayers; and the
penalties and fees that are assessed against
taxpayers (though we will calculate these
amounts for you as part of the Services once
you have established the rates). We also do
not determine either the amount of refunds or
the proper government account(s) that
taxpayer receipts shall be deposited into.
5. Term of this Agreement.
The initial term of this Agreement begins on
_____________________________, 2014(the “Effective
Date”) and continues for a period of three
years from the Effective Date. Thereafter this
Agreement will automatically renew for two
successive one year terms (each a “Renewal
Term”), unless either party notifies the other
in writing of its intent not to renew 90 days
prior to the end of the initial term or any
Renewal Term. There are some other ways
this Agreement can end and those are found in
Article I of the General Provisions, Attachment
2.
Item 7
Prosper, TX – SUTA, STARS 12-03-13 2
6. General Provisions.
The parties are also bound by the General Provisions as set forth in Attachment 2 of this Agreement,
which are by this reference incorporated into this Agreement. If something in this Agreement
contradicts the General Provisions, then what is said in this Agreement governs rather than the
General Provisions.
The Parties are signing this Agreement on the Effective Date indicated in Section 5 above.
MuniServices, LLC Town of Prosper,
a Municipal Corporation
By: __ ______________________________________ By: ___________________________________________
Lisa Broussard, CPA
VP Central Operations Print Name: _________________________________
Title:_________________________________________
ATTEST:
_______________________________________________
City Clerk
Item 7
Prosper, TX – SUTA, STARS 12-03-13 3
ATTACHMENT 1
Sales Tax Compliance Review
Article 1-Objectives and Methods
MuniServices’ Sales Tax Compliance Review is designed to assist the Town with economic forecasting and in preserving and
enhancing its sales and use tax revenues by detecting, documenting, and correcting sales tax misallocations thereby producing
previously unrealized revenue for the Town while giving the Town a more accurate sales tax base upon which to forecast its
revenue.
Article 2-Scope of Work
In providing the Sales Tax Compliance Review, MuniServices shall:
Meet with Town’s designated staff to review service objectives, scope, procedures, coordination of effort, w ork plan
schedule, public relations, and logistical matters.
Establish an appropriate liaison with the Town’s coordinator and define logical checkpoints for reviewing progress.
Review the Town’s sales and use tax ordinances for included provisions, coverage, and classification definitions.
Provide and maintain compliance with the Town’s sales and use taxes by:
Determine whether businesses are correctly collecting and remitting the sales and use taxes due the Town to the
state. Specifically, MuniServices shall make this determination by reviewing the payment data available to the Town
from the Comptroller’s Office and additional data available under open records from the Comptroller’s office.
MuniServices will generate reports based on the above data to identify the leads including, but not limited to, the
following:
o Top 100 Report – The top 100 sales tax revenue generating businesses within the Town’s jurisdiction,
complete with payment history.
o Significant Anomalies Report – A customizable report designed to discover monthly sales tax anomalies,
based on preset dollar value thresholds, that may have been skipped, underreported, or misallocated to an
incorrect jurisdiction.
o Negative Fund Transfers Report – A report that will track all occurrences of a business filing a refund,
amended return, prepaid tax credit, state audit, or an incorrect misallocation.
Resolve leads generated from these reports by contacting the taxpayers in order to confirm the nature of any
questionable tax activity.
Perform physical canvassing to ensure the accuracy of businesses that have nexus within the Town’s jurisdiction.
Provide documentation to businesses mistakenly reporting the tax to another jurisdiction in order to achieve both
past and prospective compliance.. On behalf of the Town, MuniServices will assist the businesses, as necessary, in the
preparation and filing of amended returns and/or reallocation requests with the Comptroller’s office.. MuniServices
may also provide additional documentation to the Comptroller’s office to achieve compliance and secure the transfer
of funds to the Town that were reported in error to another jurisdiction.
Article 3-Deliverables
Progress Reports
MuniServices will provide periodic progress reports to Town in the form of status updates. These progress reports will also
indicate areas in which Town staff may further assist and improve the sales tax compliance review activities provided
hereunder. MuniServices’ progress reports will identify errors/omissions detected, documented and corrected and report on
other services of benefit to the Town for the time period covered.
Article 4-Compensation
What the Town will pay MuniServices.
Provided that the Effective Date is on or before February 1, 2014, in exchange for MuniServices performing the work indicated
above, the Town will pay MuniServices as follows:
Town shall pay MuniServices an annual minimum fee of $3,500 for the sales tax compliance review services described in this
Agreement. The annual minimum fee is payable upon execution of this Agreement and on each subsequent anniversary date
of this Agreement.
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The Town shall pay MuniServices a 35% contingency fee. The fee applies to the sales and use tax revenue received by the
Town from correction of taxpayer reporting errors detected and documented by the Sales Tax Compliance Review. The
Contingency Fee applies to: all sales and use tax revenues corrected for the Town for any periods prior to the date of the
corrected allocation; and sales and use tax revenues received for the first eight consecutive reporting quarters following
correction of the errors and confirmation of receipt of revenue by the Town.
In each year of the contract, the Contingency Fee does not apply until such time as the Contingency Fee, based on revenue received
by the Town during that year of the contract, equals the minimum fee and Town is only responsible for the increment of the
Contingency Fee in excess of the minimum fee. (“Year”, for purposes of this section 4, means a 12 month period and not a cale ndar
year.)
Town agrees to notify MuniServices within 10 days following receipt by the Town of payments (cash payments, installment
payments, or other compensation directly benefiting the Town) resulting from MuniServices’ service. Upon being notified of
receipt of payment(s), MuniServices will then invoice the Town. Invoices are due and payable upon receipt.
All expenses incurred by MuniServices in providing the Sales Tax Compliance Review are the sole and exclusive responsibility
of MuniServices, except those expenses that receive prior written approval by Town.
Discount
If Town contracts for MuniServices’ STARS service at the same time as it contracts for the Sales Tax Compliance Review, and
for so long as the Town maintains both services, MuniServices will waive the annual minimum fee for the Sales Tax
Compliance Review.
Additional Consulting
Town may request that MuniServices provide additional consulting services at any time during the term of this Agreement. If
MuniServices and Town agree on the scope of the additional consulting services requested, then MuniServices shall provide
the additional consulting on a Time and Materials basis. Depending on the personnel assigned to perform the work, standard
hourly rates range from $75 per hour to $300 per hour. These additional consulting services will be invoiced at least monthly
based on actual time and expenses incurred.
Article 5 – Town Obligations
Town shall assist MuniServices by providing necessary information and assistance to include, without limitation, the
following:
Providing MuniServices, on a timely basis, information necessary to conduct its compliance review activities including
but not limited to monthly tax payment histories.
Providing two letters of authorization identifying MuniServices to local businesses and to the Texas Comptroller of
Public Accounts and/or other state agencies as an authorized agent of Town to perform sales and use tax reviews and
to receive and examine taxpayer records (hard copy and electronic) necessary to assure sales and use tax compliance
and revenue forecasts.
Pursuing in good faith corrective action on errors and omissions detected by MuniServices.
Issuing necessary documentation to the state to correct errors validated by MuniServices.
Notifying MuniServices within 10 days following receipt by the Town of payments (cash payments, installment
payments, or other compensation directly benefiting the Town).
The parties agree that the Town and/or the State Comptroller retain exclusive authority and responsibility to administer,
interpret and enforce the Town’s sales and use tax, recognizing that MuniServices’ role is limited to employing its unique
expertise and proprietary tools for: i) detecting and documenting errors/omissions by taxpayers in the application,
calculation, collection, and/or remittance of sales and use taxes and, ii) providing Town with technical assistance, without
assuming or being delegated the authority or responsibility of Town to administer, interpret, and enforce its sales and use
taxes.
Article 6 – Completion of Services
Notwithstanding anything else in this Agreement to the contrary, the Town will pay MuniServices per the terms of this
Agreement for services begun before termination or expiration of the Agreement even if the monies are received after
termination or expiration. MuniServices will provide Town with a list of accounts submitted but not yet corrected as of the
expiration or termination within a reasonable time after the expiration or termination (“completion list”). MuniServices is
allowed to continue working those accounts on the completion list for a reasonable time to obtain a correction.
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ATTACHMENT 1-1
Sales/Use Tax Analysis & Reporting Service Package (STARS)
Article 1-Objectives and Methods
MuniServices STARS Digest provides a specific analysis of the Town’s sales tax composition, changes and performance. The
STARS Digest graphically illustrates the Town’s sales tax analysis. The MuniServices STARS Digest also includes specialized
reports that provide analysis of the Town’s sales tax economic base and performance for the latest complete quarter and
benchmark year as well as a sales tax revenue projection for the balance of the current fiscal year and the following fiscal year.
Article 2-Scope of Work
1. Quarterly Stars Digest. MuniServices shall provide the Town with quarterly updated STARS Digests. MuniServices will
provide one paper, bound copy of the quarterly STARS Digest and one electronic copy of the quarterly STARS Digest on
CD. Town may request additional paper, bound copies of the STARS Digests in accordance with the terms in Section 1.3 of
the Compensation section.
1.1 Contents. The quarterly STARS Digest contains the following reports, subject to the availability of Data:
Historical Collections Analysis - Components of allocation payments by payment activity.
Top 100 Historical - Historical performance of the top 100 accounts comparing current benchmark year ranking
and sales tax produced with that of prior years.
Top 100 Detail – Sales tax performance of the Town’s top 100 sales tax accounts is shown in order of sales tax
produced with the results for the most recent five quarters prominently displayed. The proportion of Town sales
tax produced is also shown by each account.
Economic Category Performance – An analysis of the changes that occurred by economic category and segment
with the specific businesses responsible for the significant changes delineated.
Business Classification Code- This report shows the business classification codes assigned by MuniServices
based on the NAICS codes provided by the State Comptroller and the accounts assigned those codes in order of
sales tax produced. Five quarters of sales tax data are shown for each significant account.
Historical Economic Composition - Data are summarized by economic category and segment by quarters and
benchmark years. Percentage of total sales tax generated by each category and segment is also shown to indicate
trends in sales tax composition as well as performance.
Cross-Reference Reports - These reports allow the user to look up any of the significant accounts shown in the
STARS Digest by name or address.
Geo-Area Reports (optional) – This report tracks sales tax performance within designated geo-areas of the
Town jurisdiction (e.g., key shopping centers, business parks, and downtown /business districts, etc.). Charts and
printed reports are included for each geo-area. The Town may designate geo-areas and include the Geo-Area
Reports in the STARS report for the fee set forth in the compensation section. This report is contingent upon the
Town providing MuniServices with the geo area address ranges in electronic format that meets the following
requirements:
XLS, DBF, or Comma Delimited Formats per MuniServices requirements;
and the components of the address range per MuniServices requirements.
(Please contact MuniServices for the details about how to layout the file the Town will need to send us
describing the area they want us to track.)
To provide the optional Geo-Area reports, MuniServices will standardize the street names in the permit
file by:
oo Parsing the addresses to the United States Postal Service (USPS) standard.
oo Comparing the parsed addresses to the Texas’ USPS file for standardization and manually
verifying it.
MuniServices is not responsible for verifying the accuracy of the addresses in the permit file.
All of the reports in this paragraph (1.1) provide data that are based on the date on which the transaction took place
and not on the date on which the payment was transferred to the Town.
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1.2 Excluded businesses. The STARS Digest does not include any information on taxpayers that is not provided by
the State Comptroller to the Town.
1.3 Accuracy. The STARS Digest relies on information provided by the State of Texas Comptroller’s Office (“State
Comptroller”). MuniServices has no obligation to verify the data provided by the State Comptroller. Only if Town
elects to receive the Geo area reports will MuniServices clean or standardize the data received from the State
Comptroller. MuniServices may also rely on information provided by third parties. Town acknowledges that
MuniServices has no obligation to verify, remove redundancies, or otherwise clean or standardize the information
provided by third parties.
1.4 Timing. MuniServices obligation to provide the STARS Digest is conditioned on Town’s delivery of required
signed documentation to MuniServices to access the proper data from the State of Texas Comptroller’s Office.
1.5 License of Electronic Version. MuniServices hereby grants Town a non-exclusive license to print unlimited
copies of the STARS Digest from the electronic copy of the STARS digest, if:
the copies are for internal Town use only; and
the copies do not remove the confidentiality statements contained in the reports.
2. Business Classifications and Business Names Standardization (optional). If Town elects in writing to receive this
service, and if the parties mutually agree in writing on the price, MuniServices will standardize the business
classification codes and business names in the permit file for major accounts through the computer matching process,
augmented with verification by calling taxpayers directly. After this standardization process, all the basic reports
should display the standardized names and classifications.
3. Monthly Cash Report (MCR). The MCR is a monthly report that details the cash portion of sales tax data. The three
reports that make up the MCR are sales tax permit summary, business classification summary, and a comparison of the
current quarter year compared to same quarter last year. This report is most often paired with the Sales Tax Analysis
& Reporting Service to create a comprehensive overview to keep Towns up-to-date on the performance of businesses
in the area.
3.1 Sales Tax Permit Summary
3.1.1 Identifies and categorizes changes by economic category, segment and major businesses
3.1.2 Explains current trends, counter-trend performance and major business changes in an easy-to-read
format
3.1.3 Delivered as in printable format
3.1.4 Confidential report
3.2 Business Classification Summary
3.2.1 An up-to-24-month analysis report showing historical performance and comparisons for major
businesses
3.2.2 Distinguishes between changes in List Filers and Local Filers in every business grouping
3.2.3 Delivered as a spreadsheet grid for Town’s internal analysis
3.2.4 Confidential report
3.3 Cash Analysis by Business Groupings
3.3.1 An up-to-24-month analysis report showing historical performance and comparisons for business
groupings
3.3.2 Identifies expected trend and counter-trend performance in every business grouping
3.3.3 Distinguishes between changes in List Filers and Local Filers in every business grouping
3.3.4 Delivered as a spreadsheet grid for Town’s internal analysis
3.3.5 Confidential report
4. Sales Tax Forecasting. MuniServices provides a two-to-five year forecast to its Towns every quarter. By updating the
forecast quarterly, MuniServices delivers reliable, timely projections. Forecasts include:
4.1 Summary Page
4.1.1 Chart identifying historical sales tax and projected sales tax for pessimistic, most likely and optimistic
scenarios.
4.1.2 Table identifying historical, current and future growth rates by scenario.
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4.2 Detail Page for Each Fiscal Year
4.2.1 Identifies changes by economic category and segment
4.2.2 Identifies potential threats of sales tax loss
4.2.3 Identifies projected sales tax from businesses opening in the future
4.2.4 Accounts for abnormal variations in cash flow
4.2.5 Projects sales tax by scenario
4.2.6 Identifies total fiscal year sales tax depending on the final month in the Town’s fiscal year (accrual
scenarios)
4.3 Cash Flow
4.3.1 Identifies historical, current and future monthly cash flows by cash payment component.
4.3.2 Components include gross payment, amounts reserved at State, administration fees, net payment, etc.
In preparing the forecast, MuniServices analyzes and adjusts all major business accounts in accordance with market trends,
individual business knowledge, expected corrections and changes in threats from business competitors or State law changes.
The bottom-up approach allows MuniServices to account for individual business changes while also accounting for changes in
the local, regional, state, national and world economies.
5. Sales Tax Capture Leakage Analysis Service (optional). The STCL analysis shows how much potential sales tax
revenue is being lost by residents shopping outside the Town’s jurisdiction. The analysis provides:
An analysis of sales tax revenue;
Economic strengths and weaknesses in the local economic base; and
Priority rankings by targeted industry clusters.
The STCL analysis can help cities focus on what businesses to attract and retain. It also includes reports on your sales tax
trends, sales tax capture rates, and sales tax gap rates.
5.1 Contents. The quarterly STCL Analysis shows the capture/leakage by economic segment for the current year-
ended quarter. Subject to data availability, the quarterly STCL Analysis contains the following information:
5.1.1 Actual Sales Tax - Provides sales tax by economic category, economic segment and business code.
5.1.2 Potential Sales Tax – Provides actual sales tax multiplied by its effective buying income divided by the
region's effective buying income. In other words, the potential sales tax from your residents' income
when following the regions buying patterns.
5.1.3 Sales Tax Capture & Gap Analysis - Provides an overview of how well the you are capturing potential sales
tax based on its residents' effective buying income (disposable income) compared to purchasing habits in
the region.
5.1.4 Sales Tax Capture Leakage Analysis – Provides a comparison of the actual sales tax with the expected sales
tax, negative variance indicating amount of leakage, and positive variance indicating amount of capture.
5.2 Accuracy and Limits. The STCL Analysis relies on information provided by the State of Texas Comptroller’s
Office (“State Comptroller”). Consequently, if the State Comptroller does not provide you with information about
a taxpayer, that taxpayer’s information will not be included in the analysis. MuniServices may also rely on
information provided by third parties. You acknowledge that we have no obligation to verify, remove
redundancies, or otherwise clean or standardize the information provided by third parties or the State
Comptroller. If the State Comptroller doesn’t provide to you or you do not provide to us the data we need for the
STCL analysis in the timeframe we specify, we have no obligation to provide you an STCL analysis for that quarter.
5.3 Timing. We will provide the STCL Analysis only after you deliver to us the signed documents required to access
the proper data from the State Comptroller.
5.4 License of Electronic Version. We hereby grant you a non-exclusive license to print unlimited copies of the
STCL Analysis from the electronic copy of the STCL Analysis, if:
5.4.1 the copies are for your internal use only; and
5.4.2 the copies do not remove the confidentiality statements contained in the Analysis.
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5.5 Change in Legislation. If there is a change in Texas law that increases the scope of information available from
State Comptroller compared to the scope of information available from State Comptroller on the date we sign this
agreement, both parties will negotiate an amendment to this agreement. If data becomes unavailable, we may
terminate this agreement with 10 business-days written notice to you.
Article 3-Deliverables
Quarterly Stars Digest. MuniServices shall provide the Town with quarterly updated STARS Digests. MuniServices will
provide one paper, bound copy of the quarterly STARS Digest and one electronic copy of the quarterly STARS Digest on CD.
Town may request additional paper, bound copies of the STARS Digests in accordance with the terms in Section 1.3 of the
Compensation section.
Support Service. Included with the STARS Digest, MuniServices will provide the Town with a maximum of 2 hours per
quarter of telephonic STARS Digest support. Telephonic STARS Digest support consists of teleconferences with a
MuniServices representative who will explain the STARS Digest and answer questions about the STARS Digest.
Monthly Cash Report. Included with the STARS package is a Monthly Cash Report (MCR) that will be provided to the Town by
email within 5 business days after the end of each month or receipt of the data from the state. The historical length of the
report depends on history available from the Texas State Comptroller.
Sales Tax Forecast. Included with the STARS package is a 3-year forecast based upon previous current economic conditions
and trends.
Geo Area Report (optional). Included with the STARS package will be the requested number of Geo Area Reports. The Town
may designate the Geo areas to be included in the Geo Area Report.
Quarterly STCL Analysis (optional). Each calendar quarter we will provide Town with an updated STCL Analysis in the form
of one paper bound copy and one electronic copy on a CD.
Article 4-Compensation
Provided that the Effective Date is on or before February 1, 2014, in exchange for MuniServices performing the work indicated
above, the Town will pay MuniServices as follows:
1.1 Annual fee. For the STARS Digest, Town shall pay MuniServices an annual fixed fee of $6,000 per year (“annual fee”).
Town shall pay the annual fee in four equal quarterly payments of $1,500. Included in the annual fee are the Quarterly
STARS Digest, the Monthly Cash Report, and the Sales Tax Forecast.
MuniServices will invoice the quarterly payments on the first month of each calendar quarter. The Town shall pay the
quarterly payment even if MuniServices does not provide a STARS Digest for a quarter because of State of Texas
Comptroller’s Office’s failure to provide data. If this Agreement is terminated for any reason, then the Town remains
obligated to pay MuniServices the quarterly payments of the annual fee for the quarters before the effective date of
termination and for one quarter after the effective date of termination.
1.2 Optional Geo Area reports. Upon Town’s request, MuniServices will provide Geo Area reports for a one-time set-up fee
of $1,000 per geo area and $500 annual fee per Geo Area. At any time, the Town may request changes in the geo areas for
an additional one-time fee of $500 per Geo Area. If the addresses in the permit file have not been standardized thru
MuniServices SUTA service, Town shall pay an additional one-time setup fee of $750 for address standardization.
Town requests #______________ geo reports be provided along with the quarterly STARS digest.
By signing in the space provided here, I hereby authorize MuniServices to create and produce the additional number of
geo-area reports indicated above, and agree to compensate MuniServices as outlined above.
By: __________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
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1.3 Optional Sales Tax Capture and Leakage Report. Upon request, MuniServices will include the Sales Tax Capture and
Leakage Report with the STARS quarterly digest and you shall pay us $250 per quarter for each quarter we provide you
with a STCL Analysis. We will invoice the quarterly payments in the first month of each calendar quarter.
By signing in the space provided here, I hereby authorize MuniServices to create and produce the Sales Tax Capture and
leakage report as described herein, and agree to compensate MuniServices as outlined above.
By: __________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
1.4 Additional Copies. MuniServices shall provide Town additional paper, bound copies of the STARS Digest upon Town’s
request at the rate of $200 annually per additional copy, payable by Town in quarterly installments of $50 per additional
copy.
1.5 Adjustments. The Annual Fee, the fee for Additional Copies, and any of the optional fees shall each be adjusted at the
beginning of each calendar year by the percentage change in the Consumer Price Index – South Urban (CPI-SU) as
reported by the Bureau of Labor Statistics. The initial Consumer Price Index used for the first CPI adjustment will be the
CPI-SU for the month in which the agreement is fully signed with the first adjustment to occur at the beginning of the
Calendar year following the first full calendar year of service. The adjustments thereafter will be based on the CPI-SU from
December of the prior calendar year. Each Annual Fee adjustment shall not be less than two percent (2%) or greater than
ten percent (10%).
1.6 One-time fees. MuniServices will invoice the Town any applicable set-up fees along with the next invoice for the
quarterly installment of the annual fee. Those set-up fees are due and payable within 30-days of the receipt of the invoice.
1.7 Additional Consulting. Town may request that MuniServices provide additional consulting services at any time during
the term of this Agreement. If MuniServices and Town agree on the scope of the additional consulting services requested,
then MuniServices shall provide the additional consulting on a Time and Materials basis. Depending on the personnel
assigned to perform the work, standard hourly rates range from $75 per hour to $300 per hour.
These additional consulting services will be invoiced at least monthly based on actual time and expenses incurred.
Article 5 – Town Obligations
Confidentiality. The information provided to the Town in the STARS Digest is confidential. It is not open to public inspection.
A Town may use the information only for the purpose of economic forecasting (Tex. Tax Code §321.3022(f)). Unauthorized
distribution of confidential information by an officer or employee of a government agency is punishable by 6 months in jail and
a $1,000 fine (Tex. Govt. Code § 552.352). Town shall not use the STARS Digest for any purpose other than economic
forecasting and shall not distribute the STARS Digest to any person unless that person is legally entitled to access the
information in the STARS Digest, or except as may otherwise be required by law or court order.
Data: In order for us to provide the STARS reports the Town will need to deliver to MuniServices annually the signed
documents required to access the proper data from the State Comptroller.
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ATTACHMENT 2
General Provisions
Article I
Within 5 business days after signing
this agreement.
You will designate, in writing, one individual to whom we may address
communications concerning this Agreement. This person or such person’s
designee will be the principal point of contact for us in obtaining decisions,
information, approvals, and acceptances.
10 business days after you receive
our invoice.
You have until this date to dispute in the invoice, or a portion of it, in writing.
Your written dispute must be post-marked by this date and must be sent to the
addresses in paragraph 1 of the Agreement. (Paragraph 1 is located on the front
page of the agreement and is titled “Us”.)
10 business days after we receive
your written notice that you dispute
an invoice or part of an invoice.
We will either correct the error or explain to you why we think the invoice is
correct. During this time, we will not try to collect the amount being disputed.
30 days after receiving our invoice. You must pay our invoice(s) by this date. If you do not pay by that time, we have
the right to charge you interest at the rate of one and one-half percent (1.5%) per
month, or the maximum amount permitted by law, on any amounts you do not
pay within thirty days. If we refer your account to an attorney for collection of
past due amounts, we may charge you for our reasonable attorney fees, including
costs for attorneys who are employed by us, and court costs incurred by us to the
extent permitted by law. Any settlement of your account balance for less than
what is owed requires our written consent.
40 days after receiving our invoice If you have not paid, and have not disputed an invoice as provided above, then we
may terminate this Agreement with no further notice and we have no further
obligation to you.
When you provide us with
information for use in the Services.
By providing us information, you represent that:
you have the right to provide us the information without violating the
rights of third-parties;
your release of the information to us does not violate any applicable laws
and regulations; and
to the best of your knowledge the information is accurate and not
defamatory.
You will notify us immediately if there is a change in the information you have
provided to us.
If we send you a report or other
deliverable.
You will review all reports we provide to you in a timely fashion and you will
notify us immediately if you find a discrepancy in any of the information we have
provided to you. Upon payment therefore, we will grant you all right, title, and
interest in and to the reports, charts, graphs, and other deliverables we are
required to produce under this Agreement.
While the Agreement is effective. We will keep in full force and effect insurance coverage during the term of this
Agreement including without limitation statutory workers’ compensation
insurance; employer’s liability and commercial general liability insurance;
comprehensive automobile liability insurance; professional liability and fidelity
insurance. You may at any time request copies of our certificates.
90-days after prior written notice. This Agreement terminates for convenience but only if the terminating party
sends the notice to the person designated to receive notices under this
Agreement (see paragraph 1 or 2, as applicable, of this Agreement).
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After giving written notice of a breach
other than a failure to pay.
The non-breaching party may immediately terminate this Agreement if:
the written notice of the breach was sent to the person designated to
receive notices for the breaching party under this Agreement (see
paragraph 1 or 2, as applicable, of this Agreement); and the breach is not
your failure to pay (that situation is addressed separately below.); and
the breach has not been cured in a reasonable time after the breaching
party received notice.
Ordinarily, 30 days will be a reasonable time to cure the breach but if the party
receiving notice of the breach can demonstrate that the breach will take more
than 30 days to cure, the non-breaching party and breaching party will agree on
an extended period to cure the breach.
After the occurrence of a “financial
default”
A party may terminate this Agreement immediately if the other party experiences
a “financial default.” A “financial default” means:
a material adverse change in a party’s financial condition that adversely
affects its ability to perform hereunder; or
a party becomes or is declared insolvent or bankrupt; or
a party is the subject of any proceedings relating to liquidation or
insolvency or for the appointment of a receiver; or
a party makes an assignment for the benefit of all or substantially all of
its creditors; or
a party enters into an agreement for the composition, extension, or
readjustment of all or substantially all of its obligations.
If you experience a “financial default” then we may, at our option, declare the
entire outstanding amounts and costs owing to us hereunder immediately due
and payable.
This Agreement is terminated or
expires.
You remain obligated to: (1) pay us for Services performed through the effective
date of the termination or expiration; (2) if applicable, provide us with all the
information necessary for us to calculate what you owe us on revenue you receive
after the termination or expiration; and (3) if applicable pay invoices we send you
after the expiration or termination of this Agreement for Services performed
before termination or expiration or for continuing payments required by the
Scope of Work or for both.
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Article II. The parties also agree to the following miscellaneous terms.
1. Independent Contractor. We are an independent
contractor. Nothing in this Agreement is to be
interpreted as: creating the relationship of employer
and employee between you and us or between you
and any of our employees or agents; or creating a
partnership or joint venture between you and us. We
are responsible for any subcontractors we use in
performing Services for you and we are solely
responsible to pay those subcontractors. We may
perform similar services for others during this
Agreement and you agree that our representation of
other government sector clients is not a conflict of
interest.
2. Compliance with Laws. The parties agree to comply
with all applicable local, state and federal laws and
regulations during the term of this Agreement.
3. Intellectual Property. We retain all right, title, and
interest in and to the processes, procedures, models,
inventions, software, ideas, know-how, and any and all
other patentable or copyrightable material used,
developed, or reduced to practice in the performance
of this Agreement.
4. Waiver. Either party’s failure to insist upon strict
performance of any provision of this Agreement are
not to be construed as a waiver of that or any other of
a party’s rights under this Agreement at any later date
or time.
5. Force Majeure. Neither party is liable for failing to
perform its obligations hereunder (other than
payment obligations) where performance is delayed or
hindered by war, riots, embargoes, strikes or acts of its
vendors or suppliers, accidents, acts of God, or any
other event beyond its reasonable control.
6. Counterparts. This Agreement may be signed in
separate counterparts including facsimile copies. Each
counterpart (including facsimile copies) is deemed an
original and all counterparts are deemed on and the
same instrument and legally binding on the parties.
7. Assignment. MuniServices may assign this Agreement,
in whole or in part, without your consent to any
corporation or entity into which or with which
MuniServices has merged or consolidated; any parent,
subsidiary, successor or affiliated corporation of
MuniServices; or any corporation or entity which
acquires all or substantially all of the assets of
MuniServices. Subject to the foregoing, this Agreement
shall be binding upon and inure to the benefit of the
parties and their successors or assigns.
8. Public Release and Statements. Neither you nor we nor
each of our representatives or agents shall
disseminate any oral or written advertisement,
endorsement or other marketing material relating to
each other’s activities under this Agreement without
the prior written approval of the other Party. No
Party or its agent will use the name, mark or logo of
the other Party in any advertisement or printed
solicitation without first having prior written approval
of the other Party. The Parties shall take reasonable
efforts to ensure that its Subcontractors shall not
disseminate any oral or written advertisement,
endorsement or other marketing materials
referencing or relating to the other Party without that
Party’s prior written approval. In addition, the Parties
agree that their contracts with all Subcontractors will
include appropriate provisions to ensure compliance
with the restrictions of this Section.
9. Entire Agreement. This Agreement is the entire
Agreement between us and you for the Service(s).
This Agreement supersedes and replaces any prior
Agreements, of whatever kind or nature, for the
Service(s) Any prior Agreements, discussions, or
representations not expressly set forth in this
Agreement are of no force or effect. No additional
terms, Purchase Order Terms and Conditions, or oral
or written representations of any kind are of any force
and effect unless in writing and signed with the same
formality as this Agreement
10. No Oral Modification. No modification of this
Agreement is effective unless set forth in writing and
signed with the same formality as this Agreement.
11. Invalidity. If any provision of this Agreement is
determined to be invalid, illegal, or unenforceable, the
remaining provisions of this Agreement remain in full
force, if the essential provisions of this Agreement for
each party remain valid, binding, and enforceable.
12. Construction. This Agreement is to be construed in
accordance with the laws of the State of Texas without
regard to its conflict of laws principals.
13. Headings. The section headings herein are for
convenience and reference purposes only and are not
to serve as a basis for construction or interpretation.
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Attachment 3
MuniServices Helpful Contacts
Contact Project Role Phone Email
Brenda Anderson Client Services Manager 817.771.4066 brenda.anderson@muniservices.com
Ted Kamel Client Services Manager 903.952.9794 ted.kamel@muniservices.com
Lisa Broussard, CPA VP Central Operations 713.459.5079 lisa.broussard@muniservices.com
Jonathan Gerth VP Audit Services 205.423.4177 jvgerth@revds.com
Janis Varney VP Sales & Use Tax Audit 559.271.3011 janis.varney@muniservices.com
Chris Yeary, CPA VP, Sales & Use Tax Audit 972.447.4953 chris.yeary@muniservices.com
Irene Reynolds Client Relations Supervisor 559.271.6867 irene.reynolds@muniservices.com
Billing Department 757.321.2517 acctpay@portfoliorecovery.com
Francesco Mancia VP Government Relations 559.288.7296 fran.mancia@muniservices.com
Brenda Narayan Director of Govt. Relations 916.261.5147 brenda.narayan@muniservices.com
Patricia Dunn Contracts Manager 559.271.6852 patricia.dunn@muniservices.com
Item 7
Page 1 of 2
To: Mayor and Town Council
From: Kent R. Austin, Finance Director
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – January 14, 2014
Agenda Item:
Consider and act upon an ordinance amending the FY 2013-2014 budget to establish a part-
time Municipal Court Clerk position and a full-time Library Director position.
Description of Agenda Item:
Part-time Municipal Court Clerk position: Currently the Prosper Municipal Court relies on one
full-time Court Administrator to perform all Court functions. The Administrator prepares
warrants, takes payments at the window and over the phone, counsels defendants on their
options, enters transaction data into OmniBase, prepares data for American Municipal Services
(collection agency), prepares the docket for semi-monthly Court nights, interacts with the Judge,
Prosecutor and Police Department, and so on. Without any scheduled relief for the
Administrator, the Court is closed each day from 12:30-1:30 p.m. for lunch.
As Prosper grows and the volume of Court activity increases, additional staffing will be required.
The addition of a part-time clerk now would provide the following advantages:
1. Improved customer service/schedule and workload relief. With a second person, the Court
could remain open through the lunch hour, and Court personnel could move beyond catch-
up work to make improvements and measure performance.
2. Improved turnaround time on Court transactions. Faster processing of individual items
increases their chance of successful resolution, sometimes with additional revenue.
3. Improved internal controls. Having one individual able to take money and record its
disposition without supervision can be a significant control weakness. A second individual
on site would provide a good check and balance.
The estimated annual cost of the 30-hour a week clerk position is $24,225, assuming a
$15/hour pay rate and FICA taxes. Prorated for the remainder of this fiscal year, the cost is
$18,175.
Full-time Library Director position: Currently the Prosper Community Library contracts with the
City of Celina for part-time librarian services. The current City of Celina librarian works 20 hours
a week for the Town of Prosper and 20 hours a week for the City of Celina. On October 1,
2013, the Town received a Letter of Probation/Accreditation for FY 2014 from the Texas State
Library. While the Prosper Community Library is still eligible for programs, it will be required in
Prosper is a place where everyone matters.
FINANCE
Item 8
Page 2 of 2
FY 2015 to have a library director employed for at least 30 hours per week due to the population
of the Town of Prosper.
In addition to the requirement from the Texas State Library, the Prosper Community Library
continues to add members that desire more programs. The addition of a full-time Library
Director now would provide the following advantages:
1. Bring the Town into compliance with the Texas State Library’s requirements for
accreditation.
2. Improved customer service in implementing new programs.
3. A dedicated full-time position would allow the Town to have someone focused solely on the
Prosper Community Library. This person would not only concentrate on the current needs
but put the Town in a better position to prepare for the future anticipated growth
requirements.
The estimated annual cost for a 30-hour librarian with benefits and expenses is $67,923;
prorated to six months, the cost is $33,962. The Town currently pays the City of Celina $40,000
for part-time librarian services. If the Town foregoes the last six months of the FY 2014
contract, it would save $16,667. The net increase for the remainder of FY 2014 to the Library
Department budget needed for the additional position is $17,295.
Budget Impact:
Existing budgeted funds can be used for the new positions. The FY 2014 Municipal Court
budget includes $106,800 for “State Fines Expense,” the same amount as in FY 2013. During
2013, however, the method for accounting and paying state court costs changed, so that the
State Fines Expense account remained unused. Consequently, for FY 2014, the Municipal
Court budget contains $106,800 that will not be expended for its original purpose. The
proposed budget amendment would reallocate these funds to pay for the two positions. The
Court budget would decrease by $17,295, and the Library budget would increase by $17,295.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P. reviewed and approved the budget amendment
ordinance as to form and legality.
Attached Documents:
1. Letter of Probation/Accreditation from the Texas State Library
2. Ordinance amending the FY 2013-2014 budget with Exhibits A-1 and A-2
Town Staff Recommendation:
Town staff recommends approval of the budget amendment ordinance establishing a part-time
Municipal Court Clerk position and a full-time Library Director position.
Proposed Motion:
I move to approve the budget amendment ordinance establishing a part-time Municipal Court
Clerk position and a full-time Library Director position.
Item 8
October 1, 2013
Linda Shaw, Library Director
Prosper Community Library
700 N Coleman St
Prosper, TX 75078-2302
Dear Linda:
This letter serves as official notification that your library has been probationally
accredited in the Texas Library System for State Fiscal Year 2014 (September 1,
2013 - August 31, 2014). Under Rule §1.80 of the Rules for Administering the
Library Systems Act,
A public library that has been fully accredited may be granted
probational accreditation for three years if the library fails to meet not
more than one of the requirements in §1.81 of this title (relating to
Quantitative Standards for Accreditation of Library). To regain full
system membership, a library must equal or exceed its previous level of
effort on the deficient requirement. To achieve full system membership
a library must meet the requirements in §1.81 of this title (relating to
Quantitative Standards for Accreditation of Library).
Your library is in its second year of probational accreditation. This is your
notification that you have until your Annual Report/Accreditation in State Library
System Application for local fiscal year 2015 to meet this deficient criterion. This
report will qualify you for SFY2017 membership.
Your library director reported being employed for 20 hours per week. Ten
additional hours per week are required to meet the minimum. Rule §1.81(6)(D)
states that:
A library serving a population of 10,001-25,000 persons must employ a
library director for at least 30 hours per week in library duties.
If our office may be of assistance to you in any way, please contact me
(smalek@tsl.state.tx.us, 512-463-5532), or Valicia Greenwood
(vgreenwood@tsl.state.tx.us, 512-463-5466), or through our Texas-only
toll free number, 800 -252-9386.
Sincerely,
Stacey Malek
Program Coordinator
Library Development and Networking Division
Item 8
TOWN OF PROSPER, TEXAS ORDINANCE NO. _____
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ORDINANCE NO. 13-55 (FY 2013-2014 BUDGET) AND REALLOCATING
FUNDS TO ESTABLISH A PART-TIME MUNICIPAL COURT CLERK
POSITION AND A FULL-TIME LIBRARY DIRECTOR POSITION IN THE
GENERAL 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 residents of the
Town of Prosper, Texas (“Prosper”) to amend Ordinance No. 13-55 (FY 2013-2014 Budget) for
the purpose of modifying staffing levels; and,
WHEREAS, the changes will result in budgeted funds being reallocated among different
departments.
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. 13-55 (FY 2013-2014 Budget). Ordinance
No. 13-55 (FY 2013-2014 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.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, on this 14th day of January, 2014.
TOWN OF PROSPER, TEXAS
Ray Smith, Mayor
Item 8
Ordinance No. _____, Page 2
ATTEST TO:
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
________________________________
Terrence S. Welch, Town Attorney
Item 8
EXHIBIT "A‐1"
TOWN OF PROSPER, TEXAS
FY2014 BUDGET
10‐45 LIBRARY
Current Current Year Currrent
Year Proposed Year
Account Description Adopted Budget Amendment Amended Budget
10‐5110‐45‐00 Salaries & Wages 24,536 24,590 49,126
10‐5145‐45‐00 Social Security Expense 849 1,525 2,374
10‐5150‐45‐00 Medicare Expense 198 357 555
10‐5155‐45‐00 SUTA Expense 14 25 39
10‐5160‐45‐00 Health Insurance ‐ 3,992 3,992
10‐5165‐45‐00 Dental Insurance ‐ 145 145
10‐5170‐45‐00 Life Insurance/AD&D‐‐life portion ‐ 38 38
10‐5170‐45‐00 Life Insurance/AD&D‐‐AD&D portion ‐ 9 9
10‐5175‐45‐00 Liability (TML)/Workers' Comp 17 61 78
10‐5180‐45‐00 TMRS ‐ 2,582 2,582
10‐5185‐45‐00 LTD ‐ 98 98
Subtotal salaries and benefits 25,614 33,422 59,036
10‐5190‐45‐00 Contract Labor 40,000 (16,667) 23,333
10‐5210‐45‐00 Supplies 2,000 2,000
10‐5212‐45‐00 Building Supplies 500 500
10‐5220‐45‐00 Office Equipment 1,000 1,000
10‐5230‐45‐00 Dues,Fees,& Subscriptions 5,600 5,600
10‐5240‐45‐00 Postage and Delivery 400 400
10‐5281‐45‐00 Book Purchases 12,000 12,000
10‐5418‐45‐00 IT Fees 375 375
10‐5480‐45‐00 Contracted Services 2,652 2,652
10‐5521‐45‐00 Cell Phone Expense ‐ 540 540
10‐5525‐45‐00 Electricity 5,500 5,500
10‐5530‐45‐00 Travel 700 700
10‐5533‐45‐00 Mileage Expense 600 600
10‐5536‐45‐00 Training/Seminars 500 500
10‐5600‐45‐00 Special Events 600 600
Subtotal operating expenses 72,427 (16,127) 56,300
TOTAL DEPARTMENT 98,041 17,295 115,336
10‐45 LIBRARY
Item 8
EXHIBIT "A‐2"
TOWN OF PROSPER, TEXAS
FY2014 BUDGET
10‐70 COURT
Current Current Year Currrent
Year Proposed Year
Account Description Adopted Budget Amendment Amended Budget
10‐5110‐70‐00 Salaries & Wages 77,027 16,875 93,902
10‐5115‐70‐00 Salaries ‐ Overtime ‐
10‐5128‐70‐00 Language Pay ‐
10‐5140‐70‐00 Salaries ‐ Longevity Pay 185 185
10‐5145‐70‐00 Social Security Expense 4,787 1,050 5,837
10‐5150‐70‐00 Medicare Expense 1,120 250 1,370
10‐5155‐70‐00 SUTA Expense 77 77
10‐5160‐70‐00 Health Insurance 5,400 5,400
10‐5165‐70‐00 Dental Insurance 360 360
10‐5170‐70‐00 Life Insurance/AD&D 114 114
10‐5175‐70‐00 Liability (TML) Workers Comp 98 98
10‐5180‐70‐00 TMRS Expense 8,107 8,107
10‐5185‐70‐00 Long Term/Short Term Disabilit 143 143
10‐5186‐70‐00 WELLE‐Wellness Prog Reimb Empl 420 420
Subtotal salaries and benefits 97,838 18,175 116,013
10‐5190‐70‐00 Contract Labor 4,800 4,800
10‐5210‐70‐00 Office Supplies 1,500 1,500
10‐5212‐70‐00 Building Supplies 1,000 1,000
10‐5220‐70‐00 Office Equipment ‐ ‐
10‐5230‐70‐00 Dues,Fees,& Subscriptions 330 330
10‐5240‐70‐00 Postage and Delivery 1,000 1,000
10‐5250‐70‐00 Publications 100 100
10‐5280‐70‐00 Printing and Reproduction 1,000 1,000
10‐5310‐70‐00 Rental Expense 24,000 24,000
10‐5400‐70‐00 Uniform Expense 60 60
10‐5418‐70‐00 IT Fees 500 500
10‐5420‐70‐00 Municipal Court/Judge Fees 9,600 9,600
10‐5425‐70‐00 State Fines Expense 106,800 (37,475) 69,325
10‐5480‐70‐00 Contracted Services 2,000 2,000
10‐5520‐70‐00 Telephones 300 300
10‐5524‐70‐00 Gas‐Building 900 900
10‐5525‐70‐00 Electricity 2,000 2,000
10‐5530‐70‐00 Travel/Lodging/Meals Expense 800 800
10‐5533‐70‐00 Mileage Expense 1,500 1,500
10‐5536‐70‐00 Training/Seminars 1,000 1,000
Subtotal operating expenses 159,190 (37,475) 121,715
TOTAL DEPARTMENT 257,028 (19,300) 237,728
10‐70 COURT
Item 8
Page 1 of 2
To: Mayor and Town Council
From: Paul Naughton, RLA, Landscape Architect
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – January 14, 2014
Agenda Item:
Consider and act upon awarding Bid No. 2014-17-B to Superscapes, Inc., related to the
construction services for the First Street and Coit Road Landscape Improvements; and authorizing
the Town Manager to execute same.
Description of Agenda Item:
On January 3, 2014, at 3:00 pm, three (3) bids were opened for the First Street and Coit Road
Landscape Improvements. The verified totals from the bidders ranged between $513,828.75 and
$713,818.90. This project extends the recently completed First Street and Coit Road Widening
Project. Superscapes, Inc. was determined to be the lowest bidder at $513,828.75.
The base bid and alternates are summarized below:
Alt. #1: Increase all shade trees from 4" to 5" (Live Oak, Bald Cypress, Southern Magnolia).
Alt. #2: Increase all shade trees from 4" to 6" (Live Oak, Bald Cypress, Southern Magnolia).
*Alt. #3: Increase all ornamental trees from 2" to 3" (Vitex, Foster Holly Tree Form).
*Alt. #4: Plant one (1) gallon weeping love grass in lieu of hydromulch.
*Selected alternate
The following items will be deducted from the base bid due to recommended replacement with
alternative bid item:
Item #16 : ($2,700) - Weeping lovegrass hydromulch (will be replaced with Alt 4)
The following items will be deducted from the base bid as these items will be performed with the
First Street and Coit Road Widening Project:
Item #19: ($17,500) - New tap into potable water
Item #20: ($4,250) - Water meter installation
Prosper is a place where everyone matters.
PARKS &
RECREATION
Item 9
Page 2 of 2
Budget Impact:
Base Bid $ 513,828.75
Alternate #3 $ 8,550.00
Alternate #4 $ 34,650.00
Deductions: $ -24,450.00
Total Contract Amount $ 532,578.75
Contingency $ 50,000.00
TOTAL Proposed Budget $ 582,578.75 => $ 585,000
The total cost of the construction contract is $532,578.75. The total budget for the project is
$582,578.75, which includes a $50,000.00 contingency. For simplicity, the CIP will be amended to
reflect a budget of $585,000 for this project. $510,000.00 will be funded from the General Fund
budget amendment in September 2013 that transferred funds for this project into the Capital
Projects Fund. The remaining $75,000.00 will be funded from the 2008 CO Bonds from cost
savings on the First Street and Coit Road Widening Project.
Legal Obligations and Review:
Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality.
Attached Documents:
1. Bid Tabulation Summary
2. Construction Services Contract Agreement
3. Location Map
Town Staff Recommendation:
Town staff recommends Town Council award Bid No. 2014-17-B to Superscapes, Inc., in the
amount of $532,578.75, and authorize the Town Manager to execute a Construction Services
Contract Agreement between Superscapes, Inc., the Town of Prosper related to construction
services for the First Street and Coit Road Landscape Improvements.
Proposed Motion: I move to award Bid No. 2014-17-B to Superscapes, Inc., in the amount of
$532,578.75; and authorize the Town Manager to execute a Construction Services Contract
Agreement between Superscapes, Inc., and the Town of Prosper related to construction services
for the First Street and Coit Road Landscape Improvements.
Item 9
Town of Prosper Bid TabulationBid No: 2014-17-B First Street and Coit Road Landscape ImprovementsBid Opening: 1/3/14 at 3:00 PM Base Bid Alt 1 Alt 2 Alt 3 Alt 4 Superscapes, Inc. $ 513,828.75 $ 21,450.00 $ 57,200.00 $ 8,550.00 $ 34,650.00 ELT Elite Landscape, Inc. $ 596,220.00 $ 82,225.00 $ 103,675.00 $ 34,200.00 $ 40,425.00 American Landscape Systems, Inc. $ 713,818.90 $ 42,900.00 $ 85,800.00 $ 17,100.00 $ 53,900.00 **All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the bid/proposal on this tabulation sheet shall not be construed as acomment on the responsiveness of such bid/proposal or as any indication thatthe agency accepts such bid/proposal as being responsive. The agency will make a determination as to theresponsiveness of the vendorresponses submitted based upon compliance with all applicable laws,purchasingguidelines andproject documents,includingbut not limited to theprojectCertified By: January M. Cook, CPPO, CPPBDate: Purchasing Agent Town of Prosper, Texaspppppp,pggpj,gpjspecifications and contract documents. The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received will beavailable for inspection at that time. January 3, 2014Item 9
FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
PAGE 1
CONSTRUCTION AGREEMENT
THE STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN )
This Construction Agreement (the "Agreement") is made by and between Superscapes,
Incorporated, (the "Contractor") and the Town of Prosper, Texas, a municipal corporation (the
"Owner"). For and in consideration of the payment, agreements and conditions
hereinafter mentioned, and under the conditions expressed in the bonds herein,
Contractor hereby agrees to complete the construction of improvements described as
follows:
FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
BID NO. 2014-17-B
in the Town of Prosper, Texas, and all extra work in connection therewith, under the
terms as stated in the terms of this Contract, including all Contract Documents
incorporated herein; and at his, her or their own proper cost and expense to furnish all
superintendence, labor, insurance, equipment, tools and other accessories and
services necessary to complete the said construction in accordance with all the
Contract Documents, incorporated herein as if written word for word, and in
accordance with the Plans, which include all maps, plats, blueprints, and other
drawings and printed or written explanatory manner therefore, and the Specifications
as prepared by Town of Prosper or its consultant hereinafter called Engineer, who has
been identified by the endorsement of the Contractor's written proposal, the General
Conditions of this Contract, the Special Conditions of this Contract, the payment,
performance, and maintenance bonds hereto attached; all of which are made a part
hereof and collectively evidence and constitute the entire Contract.
A. Contract Documents and Order of Precedence
The Contract Documents shall consist of the following documents:
1. this Construction Agreement;
2. properly authorized change orders;
3. the Special Conditions of this Contract;
4. the General Conditions of this Contract;
5. the Technical Specifications & Construction Drawings of this Contract;
6. the OWNER's Standard Construction Details;
7. the OWNER's Standard Construction Specifications;
8. the OWNER’s written notice to proceed to the CONTRACTOR;
Item 9
FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
PAGE 2
9. the Contractor’s Bid Proposal;
10. any listed and numbered addenda;
11. the Performance, Payment, and Maintenance Bonds; and,
12. any other bid materials distributed by the Owner that relate to the Project.
These Contract Documents are incorporated by reference into this Construction
Agreement as if set out here in their entirety. The Contract Documents are intended to be
complementary; what is called for by one document shall be as binding as if called for by all
Contract Documents. It is specifically provided, however, that in the event of any inconsistency
in the Contract Documents, the inconsistency shall be resolved by giving precedence to the
Contract Documents in the order in which they are listed herein above. If, however, there exists
a conflict or inconsistency between the Technical Specifications and the Construction Drawings
it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions
control before undertaking any work on that component of the project. Should the Contractor
fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions
prior to any work on that component of the project, the Contractor shall be solely responsible for
the costs and expenses - including additional time - necessary to cure, repair and/or correct
that component of the project.
B. Total of Payments Due Contractor
For performance of the Work in accordance with the Contract Documents, the Owner
shall pay the Contractor in current funds an amount not to exceed five hundred, thirty-two
thousand, five hundred, seventy-eight Dollars and seventy-five cents ($ 532,578.75). This
amount is subject to adjustment by change order in accordance with the Contract Documents.
C. Dates to Start and Complete Work
Contractor shall begin work within ten (10) calendar days after receiving a written Notice
to Proceed or written Work Order from the Owner. All Work required under the Contract
Documents shall be substantially completed within 120 calendar days after the date of the
Notice to Proceed for the base bid. Within 30 additional calendar days after Substantial
Completion, all outstanding issues shall be addressed and ready for final payment.
Under this Construction Agreement, all references to “day” are to be considered
“calendar days” unless noted otherwise.
D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER)
TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS,
OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE
CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS,
DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES
OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH
MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF,
Item 9
FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
PAGE 3
DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR,
OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY
OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS,
INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH
CONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING
TO, RESULTING FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS
CONTRACT, AND CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE
DEFEND AND PROTECT TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH
CLAIMS AND DEMANDS.
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER
WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS,
AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS,
COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES
OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR
INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE
OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE
OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS,
CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY,
LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART
FROM THE NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN
COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS
INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF
PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S)
OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE
OF THE INJURY, DEATH OR DAMAGE.
IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY
ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY
OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF
THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL
NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF
DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR
ANY SUB-CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE
BENEFIT ACTS.
INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT
COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY
EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN
INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY.
In its sole discretion, the Owner shall have the right to approve counsel to be retained by
Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain
approved counsel for the Owner within seven (7) business days after receiving written notice
from the Owner that it is invoking its right to indemnification under this Construction Agreement.
If Contractor does not retain counsel for the Owner within the required time, then the Owner
shall have the right to retain counsel and the Contractor shall pay these attorneys' fees and
expenses.
Item 9
FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
PAGE 4
The Owner retains the right to provide and pay for any or all costs of defending
indemnified items, but it shall not be required to do so. To the extent that Owner elects to
provide and pay for any such costs, Contractor shall indemnify and reimburse Owner for such
costs.
(Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151
of the Texas Insurance Code as it falls within one of the exclusions contained in Section
151.105 of the Texas Insurance Code.)
E. Insurance Requirements
1. Before commencing work, the Contractor shall, at its own expense, procure, pay
for and maintain the following insurance coverage written by companies
approved by the State of Texas and acceptable to the Town of Prosper. The
Contractor shall furnish to the Town of Prosper Purchasing Agent certificates of
insurance executed by the insurer or its authorized agent stating the type of
coverages, limits of each such coverage, expiration dates and compliance with
all applicable required provisions. Certificates shall reference the project/contract
number and be addressed as follows:
First Street and Coit Road Landscape Improvements
Bid No. 2014-17-B
Town of Prosper
Attn: Purchasing Agent
121 W. Broadway
Prosper, Texas 75078
(a) Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed
Operations, Independent Contractors and Contractual Liability, with
minimum combined single limits of $1,000,000 per-occurrence,
$1,000,000 Products/Completed Operations Aggregate and $2,000,000
general aggregate. If high risk or dangerous activities are included in the
Work, explosion, collapse and underground (XCU) coverage is also
required. Coverage must be written on an occurrence form. The General
Aggregate shall apply on a per project basis.
(b) Workers’ Compensation insurance with statutory limits; and Employers’
Liability coverage with minimum limits for bodily injury: a) by accident,
$100,000 each accident, b) by disease, $100,000 per employee with a
per policy aggregate of $500,000.
(c) Umbrella or Excess Liability insurance with minimum limits of $2,000,000
each occurrence and annual aggregate for bodily injury and property
damage, that follows form and applies in excess of the above indicated
primary coverage in subparagraphs a and b. The total limits required
may be satisfied by any combination of primary, excess or umbrella
liability insurance provided all policies comply with all requirements. The
Contractor may maintain reasonable deductibles, subject to approval by
the Owner.
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FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
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2. With reference to the foregoing required insurance, the Contractor shall endorse
applicable insurance policies as follows:
(a) A waiver of subrogation in favor of Town of Prosper, its officials,
employees, and officers shall be contained in the Workers’ Compensation
insurance policy.
(b) The Town of Prosper, its officials, employees and officers shall be named
as additional insureds on the Commercial General Liability policy, by
using endorsement CG2026 or broader. (Please note that this “additional
insured” coverage requirement is not prohibited by Chapter 151 of the
Texas Insurance Code as it falls within one of the exclusions contained in
Section 151.105 of the Texas Insurance Code.)
(c) All insurance policies shall be endorsed to the effect that Town of Prosper
will receive at least thirty (30) days notice prior to cancellation, non-
renewal, termination, or material change of the policies.
3. All insurance shall be purchased from an insurance company that meets a
financial rating of “A” or better as assigned by the A.M. BEST Company or
equivalent.
4. With respect to Workers’ Compensation insurance, the Contractor agrees to
comply with all applicable provisions of 28 Tex. Admin Code
§ 110.110, “Reporting Requirements for Building or Construction Projects for
Governmental Entities,” as such provision may be amended, and as set forth in
Paragraph F following.
F. Workers' Compensation Insurance Coverage
1. Definitions:
Certificate of coverage ("certificate")- A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the Contractor's/person's work on the project has been completed
and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes
all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the project, regardless of whether that person
contracted directly with the Contractor and regardless of whether that person has
employees. This includes, without limitation, independent contractors,
subcontractors, leasing companies, motor carriers, owner-operators, employees
of any such entity, or employees of any entity which furnishes persons to provide
services on the project. "Services" include, without limitation, providing, hauling,
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FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
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or delivering equipment or materials, or providing labor, transportation, or other
service related to a project. "Services" does not include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and delivery of
portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any coverage agreements,
which meets the statutory requirements of Texas Labor Code, Section
401.011(44) for all employees of the Contractor providing services on the project,
for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage
ends during the duration of the project, the Contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
(b) no later than seven days after receipt by the Contractor, a new certificate
of coverage showing extension of coverage, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project.
6. The Contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the Contractor knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission, informing
all persons providing services on the project that they are required to be covered,
and stating how a person may verify coverage and report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(a) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
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FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
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statutory requirements of Texas Labor Code, Section 401.011(44) for all
of its employees providing services on the project, for the duration of the
project;
(b) provide to the Contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided
for all employees of the person providing services on the project, for the
duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work
on the project; and
(2) a new certificate of coverage showing extension of coverage, prior
to the end of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of
the project;
(e) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of
any change that materially affects the provision of coverage of any person
providing services on the project; and
(g) contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of
coverage, the Contractor is representing to the governmental entity that all
employees of the Contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project, that
the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the commission's Division
of Self-Insurance Regulation. Providing false or misleading information may
subject the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of
contract by the Contractor which entitles the governmental entity to declare the
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FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
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contract void if the Contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
G. Performance, Payment and Maintenance Bonds
The Contractor shall procure and pay for performance and payment bonds applicable to
the work in the amount of the total bid price. The Contractor shall also procure and pay for a
maintenance bond applicable to the work in the amount of ten percent (10%) of the total bid
price. The period of the Maintenance Bond shall be two years from the date of
acceptance of all work done under the contract, to cover the guarantee as set forth in
this Construction Agreement. The performance, payment and maintenance bonds shall be
issued in the form attached to this Construction Agreement as Exhibits B, C and D. Other
performance, payment and maintenance bond forms shall not be accepted. Among other things,
these bonds shall apply to any work performed during the two-year warranty period after
acceptance as described in this Construction Agreement.
The performance, payment and maintenance bonds shall be issued by a corporate
surety, acceptable to and approved by the Town, authorized to do business in the State of
Texas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall
supply capital and surplus information concerning the surety and reinsurance information
concerning the performance, payment and maintenance bonds upon Town request. In addition
to the foregoing requirements, if the amount of the bond exceeds One Hundred Thousand
Dollars ($100,000) the bond must be issued by a surety that is qualified as a surety on
obligations permitted or required under federal law as indicated by publication of the surety’s
name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise
acceptable surety company (not qualified on federal obligations) that is authorized and admitted
to write surety bonds in Texas must obtain reinsurance on any amounts in excess of One
Hundred Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as a
reinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicated
by publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department
Circular 570.
H. Progress Payments and Retainage
As it completes portions of the Work, the Contractor may request progress payments
from the Owner. Progress payments shall be made by the Owner based on the Owner's
estimate of the value of the Work properly completed by the Contractor since the time the last
progress payment was made. The "estimate of the value of the work properly completed" shall
include the net invoice value of acceptable, non-perishable materials actually delivered to and
currently at the job site only if the Contractor provides to the Owner satisfactory evidence that
material suppliers have been paid for these materials.
No progress payment shall be due to the Contractor until the Contractor furnishes to the
Owner:
1. copies of documents reasonably necessary to aid the Owner in preparing an
estimate of the value of Work properly completed;
2. full or partial releases of liens, including releases from subcontractors providing
materials or delivery services relating to the Work, in a form acceptable to the
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FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
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Owner releasing all liens or claims relating to goods and services provided up to
the date of the most recent previous progress payment;
3. an updated and current schedule clearly detailing the project’s critical path
elements; and
4. any other documents required under the Contract Documents.
Progress payments shall not be made more frequently than once every thirty (30)
calendar days unless the Owner determines that more frequent payments are appropriate.
Further, progress payments are to be based on estimates and these estimates are subject to
correction through the adjustment of subsequent progress payments and the final payment to
Contractor. If the Owner determines after final payment that it has overpaid the Contractor, then
Contractor agrees to pay to the Owner the overpayment amount specified by the Owner within
thirty (30) calendar days after it receives written demand from the Owner.
The fact that the Owner makes a progress payment shall not be deemed to be an
admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work.
Progress payments shall not be deemed to be acceptance of the Work nor shall a progress
payment release the Contractor from any of its responsibilities under the Contract Documents.
After determining the amount of a progress payment to be made to the Contractor, the
Owner shall withhold a percentage of the progress payment as retainage. The amount of
retainage withheld from each progress payment shall be set at five percent (5%). Retainage
shall be withheld and may be paid to:
a. ensure proper completion of the Work. The Owner may use retained funds to
pay replacement or substitute contractors to complete unfinished or defective
work;
b. ensure timely completion of the Work. The Owner may use retained funds to pay
liquidated damages; and
c. provide an additional source of funds to pay claims for which the Owner is
entitled to indemnification from Contractor under the Contract Documents.
Retained funds shall be held by the Owner in accounts that shall not bear interest.
Retainage not otherwise withheld in accordance with the Contract Documents shall be returned
to the Contractor as part of the final payment.
I. Withholding Payments to Contractor
The Owner may withhold payment of some or all of any progress or final payment that
would otherwise be due if the Owner determines, in its discretion, that the Work has not been
performed in accordance with the Contract Documents. The Owner may use these funds to pay
replacement or substitute contractors to complete unfinished or defective Work.
The Owner may withhold payment of some or all of any progress or final payment that
would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper
to provide an additional source of funds to pay claims for which the Owner is entitled to
indemnification from Contractor under the Contract Documents.
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FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
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Amounts withheld under this section shall be in addition to any retainage.
J. Acceptance of the Work
When the Work is completed, the Contractor shall request that the Owner perform a final
inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been
completed in accordance with the Contract Documents, it shall issue a written notice of
acceptance of the Work. If the Owner determines that the Work has not been completed in
accordance with the Contract Documents, then it shall provide the Contractor with a verbal or
written list of items to be completed before another final inspection shall be scheduled.
It is specifically provided that Work shall be deemed accepted on the date specified in
the Owner's written notice of acceptance of the Work. The Work shall not be deemed to be
accepted based on "substantial completion" of the Work, use or occupancy of the Work, or for
any reason other than the Owner's written Notice of Acceptance. Further, the issuance of a
certificate of occupancy for all or any part of the Work shall not constitute a Notice of
Acceptance for that Work.
In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of
the Work. In this event, the notice shall state specifically what portion of the Work is accepted.
K. Acceptance of Erosion Control Measures
When the erosion control measures have been completed, the Contractor shall request
that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner
determines that the Work has been completed in accordance with the Contract Documents and
per TPDES General Construction Permit, it shall issue a written Notice of Acceptance of the
Work. If the Owner determines that the Work has not been completed in accordance with the
Contract Documents or TPDES General Construction Permit, then it shall provide the
Contractor with a verbal or written list of items to be completed before another final inspection
shall be scheduled.
L. Final Payment
After all Work required under the Contract Documents has been completed, inspected,
and accepted, the Town shall calculate the final payment amount promptly after necessary
measurements and computations are made. The final payment amount shall be calculated to:
1. include the estimate of the value of Work properly completed since the date of
the most recent previous progress payment;
2. correct prior progress payments; and
3. include retainage or other amounts previously withheld that are to be returned to
Contractor, if any.
Final payment to the Contractor shall not be due until the Contractor provides original full
releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to
the Owner to show that all sums due for labor, services, and materials furnished for or used in
connection with the Work have been paid or shall be paid with the final payment. To ensure this
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FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
PAGE 11
result, Contractor consents to the issuance of the final payment in the form of joint checks made
payable to Contractor and others. The Owner may, but is not obligated to issue final payment
using joint checks.
Final payment to the Contractor shall not be due until the Contractor has supplied to the
Owner original copies of all documents that the Owner determines are reasonably necessary to
ensure both that the final payment amount is properly calculated and that the Owner has
satisfied its obligation to administer the Construction Agreement in accordance with applicable
law. The following documents shall, at a minimum, be required to be submitted prior to final
payment being due: redline as-built construction plans; consent of surety to final payment;
public infrastructure inventory; affidavit of value for public infrastructure; and, final change
order(s). “Redline as-built construction plans” shall include, but are not limited to markups for
change orders, field revisions, and quantity overruns as applicable. The list of documents
contained in this provision is not an exhaustive and exclusive list for every project performed
pursuant to these Contract Documents and Contractor shall provide such other and further
documents as may be requested and required by the Owner to close out a particular project.
Subject to the requirements of the Contract Documents, the Owner shall pay the Final
Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance.
This provision shall apply only after all Work called for by the Contract Documents has been
accepted.
M. Contractor’s Warranty
For a two-year period after the date specified in a written notice of acceptance of Work,
Contractor shall provide and pay for all labor and materials that the Owner determines are
necessary to correct all defects in the Work arising because of defective materials or
workmanship supplied or provided by Contractor or any subcontractor. This shall also include
areas of vegetation that did meet TPDES General Construction Permit during final close out but
have since become noncompliant.
Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period,
the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor
of the date and time of this inspection so that a Contractor representative may be present. After
the warranty inspection, and before the end of the two-year warranty period, the Owner shall
mail to the Contractor a written notice that specifies the defects in the Work that are to be
corrected.
The Contractor shall begin the remedial work within ten (10) calendar days after
receiving the written notice from the Town. If the Contractor does not begin the remedial work
timely or prosecute it diligently, then the Owner may pay for necessary labor and materials to
effect repairs and these expenses shall be paid by the Contractor, the performance bond surety,
or both.
If the Owner determines that a hazard exists because of defective materials and
workmanship, then the Owner may take steps to alleviate the hazard, including making repairs.
These steps may be taken without prior notice either to the Contractor or its surety. Expenses
incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance
bond surety, or both.
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FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
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Any Work performed by or for the Contractor to fulfill its warranty obligations shall be
performed in accordance with the Contract Documents. By way of example only, this is to
ensure that Work performed during the warranty period is performed with required insurance
and the performance and payment bonds still in effect.
Work performed during the two-year warranty period shall itself be subject to a one-year
warranty. This warranty shall be the same as described in this section.
The Owner may make as many warranty inspections as it deems appropriate.
N. Compliance with Laws
The Contractor shall be responsible for ensuring that it and any subcontractors
performing any portion of the Work required under the Contract Documents comply with all
applicable federal, state, county, and municipal laws, regulations, and rules that relate in any
way to the performance and completion of the Work. This provision applies whether or not a
legal requirement is described or referred to in the Contract Documents.
Ancillary/Integral Professional Services: In selecting an architect, engineer, land
surveyor, or other professional to provide professional services, if any, that are required by the
Contract Documents, Contractor shall not do so on the basis of competitive bids but shall make
such selection on the basis of demonstrated competence and qualifications to perform the
services in the manner provided by Section 2254.004 of the Texas Government Code and shall
so certify to the Town the Contractor's agreement to comply with this provision with Contractor's
bid.
O. Other Items
The Contractor shall sign the Construction Agreement, and deliver signed performance,
payment and maintenance bonds and proper insurance policy endorsements (and/or other
evidence of coverage) within ten (10) calendar days after the Owner makes available to the
Contractor copies of the Contract Documents for signature. Six (6) copies of the Contract
Documents shall be signed by an authorized representative of the Contractor and returned to
the Town.
The Construction Agreement "effective date" shall be the date on which the Town
Council acts to approve the award of the Contract for the Work to Contractor. It is expressly
provided, however, that the Town Council delegates the authority to the Town Manager or his
designee to rescind the Contract award to Contractor at any time before the Owner delivers to
the Contractor a copy of this Construction Agreement that bears the signature of the Town
Manager and Town Secretary or their authorized designees. The purpose of this provision is to
ensure:
1. that Contractor timely delivers to the Owner all bonds and insurance documents;
and
2. that the Owner retains the discretion not to proceed if the Town Manager or his
designee determines that information indicates that the Contractor was not the
lowest responsible bidder or that the Contractor cannot perform all of its
obligations under the Contract Documents.
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FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
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THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF
ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF
CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE
CONTRACT DOCUMENTS, UNTIL THE DATE THE OWNER DELIVERS TO THE
CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE
SIGNATURES JUST SPECIFIED.
The Contract Documents shall be construed and interpreted by applying Texas law.
Exclusive venue for any litigation concerning the Contract Documents shall be Collin County,
Texas.
Although the Construction Agreement has been drafted by the Owner, should any
portion of the Construction Agreement be disputed, the Owner and Contractor agree that it shall
not be construed more favorably for either party.
The Contract Documents are binding upon the Owner and Contractor and shall insure to
their benefit and as well as that of their respective successors and assigns.
If Town Council approval is not required for the Construction Agreement under
applicable law, then the Construction Agreement "effective date" shall be the date on which the
Town Manager and Town Secretary or their designees have signed the Construction
Agreement. If the Town Manager and Town Secretary sign on different dates, then the later
date shall be the effective date.
CONTRACTOR
TOWN OF PROSPER, TEXAS
By: By: HARLAN JEFFERSON
Title: Title: Town Manager
Date: Date:
Address:
Phone:
Fax:
Address: 121 W. Broadway
Prosper, Texas 75078
Phone: (972) 346 - 2640
Fax: (972) 569 - 9335
ATTEST:
ROBYN BATTLE
Town Secretary
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FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
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PERFORMANCE BOND
STATE OF TEXAS )
)
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address
is __________________________________________________________________________,
hereinafter called Principal, and
__________________________________________________________, a corporation
organized and existing under the laws of the State of ______________________________, and
fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound
unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing
under the laws of the State of Texas, hereinafter called “Beneficiary”, in the penal sum of
__________________ Dollars ($____________) plus fifteen percent (15%) of the stated penal
sum as an additional sum of money representing additional court expenses, attorneys’ fees, and
liquidated damages arising out of or connected with the below identified Contract in lawful
money of the United States, to be paid in Collin County, Texas, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall
automatically be increased by the amount of any Change Order or Supplemental Agreement,
which increases the Contract price, but in no event shall a Change Order or Supplemental
Agreement, which reduces the Contract price, decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract with the Town of Prosper, the Beneficiary, dated on or about the
_________ day of ___________________, A.D. 20____, a copy of which is attached hereto
and made a part hereof, to furnish all materials, equipment, labor, supervision, and other
accessories necessary for the construction of:
FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
BID NO. 2014-17-B
in the Town of Prosper, Texas, as more particularly described and designated in the
above-referenced contract such contract being incorporated herein and made a part
hereof as fully and to the same extent as if written herein word for word.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of
the undertakings, covenants, terms, conditions and agreements of said Contract in accordance
with the Plans, Specifications and Contract Documents during the original term thereof and any
extension thereof which may be granted by the Beneficiary, with or without notice to the Surety,
and during the life of any guaranty or warranty required under this Contract, and shall also well
and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements
of any and all duly authorized modifications of said Contract that may hereafter be made, notice
of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or
replace all defects due to faulty materials and workmanship that appear within a period of one
(1) year from the date of final completion and final acceptance of the Work by Owner; and, if the
Principal shall fully indemnify and save harmless the Beneficiary from and against all costs and
damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully
reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in
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FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
PAGE 16
making good any default or deficiency, then this obligation shall be void; otherwise, it shall
remain in full force and effect.
PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue
shall lie in Collin County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract
or to the Work to be performed thereunder or the Plans, Specifications and Drawings, etc.,
accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work or to the Specifications.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Collin County or Dallas County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising out of such suretyship,
as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the
State of Texas.
IN WITNESS WHEREOF, this instrument is executed in six copies, each one of which
shall be deemed an original, this, the ________ day of ________________, 20____.
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
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FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
PAGE 17
ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice
and service of the process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page
2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation,
give a person’s name.
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FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
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PAYMENT BOND
STATE OF TEXAS )
)
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is
____________________________________________________________________________,
hereinafter called Principal,
and__________________________________________________________, a corporation
organized and existing under the laws of the State of ______________________________, and
fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound
unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing
under the laws of the State of Texas, hereinafter called “Owner”, and unto all persons, firms,
and corporations who may furnish materials for, or perform labor upon the building or
improvements hereinafter referred to in the penal sum of
___________________________________ DOLLARS ($_______________) in lawful money of
the United States, to be paid in Collin County, Texas, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly
and severally, firmly by these presents. The penal sum of this Bond shall automatically be
increased by the amount of any Change Order or Supplemental Agreement, which increases
the Contract price, but in no event shall a Change Order or Supplemental Agreement, which
reduces the Contract price, decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered
into a certain Contract with the Town of Prosper, the Owner, dated on or about the __________
day of _________________, A.D. 20___, a copy of which is attached hereto and made a
part hereof, to furnish all materials, equipment, labor, supervision, and other
accessories necessary for the construction of:
FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
BID NO. 2014-17-B
NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in the above-
referenced Contract and any and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modification to the Surety is hereby expressly waived, then
this obligation shall be void; otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive venue
shall lie in Collin County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract,
or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc.,
accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work to be performed thereunder.
Item 9
FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
PAGE 19
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Collin County or Dallas County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising out of such suretyship,
as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the
State of Texas.
IN WITNESS WHEREOF, this instrument is executed in six copies, each one of which shall be
deemed an original, this, the _______ day of _________________, 20___.
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
Item 9
FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
PAGE 20
ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice
and service of the process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page
2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation,
give a person’s name.
Item 9
FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
PAGE 21
MAINTENANCE BOND
STATE OF TEXAS )
)
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That _______________________________
whose address is________________________________________________, hereinafter
referred to as “Principal,” and ___________________________________, a corporate
surety/sureties organized under the laws of the State of ____________ and fully licensed to
transact business in the State of Texas, as Surety, hereinafter referred to as “Surety” (whether
one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal
corporation, hereinafter referred to as “Owner,” in the penal sum of
___________________________________ DOLLARS ($_______________) (ten percent
(10%) of the total bid price), in lawful money of the United States to be paid to Owner, its
successors and assigns, for the payment of which sum well and truly to be made, we bind
ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly
and severally; and firmly by these presents, the condition of this obligation is such that:
WHEREAS, Principal entered into a certain written Contract with the Town of Prosper,
dated on or about the _____ day of ________________________, 20____, to furnish all
permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and
other accessories necessary for the construction of:
FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
BID NO. 2014-17-B
in the Town of Prosper, Texas, as more particularly described and designated in the above-
referenced contract, such contract being incorporated herein and made a part hereof as fully
and to the same extent as if written herein word for word:
WHEREAS, in said Contract, the Principal binds itself to use first class materials and
workmanship and of such kind and quality that for a period of two (2) years from the completion
and final acceptance of the improvements by Owner the said improvements shall require no
repairs, the necessity for which shall be occasioned by defects in workmanship or materials and
during the period of two (2) years following the date of final acceptance of the Work by Owner,
Principal binds itself to repair or reconstruct said improvements in whole or in part at any time
within said period of time from the date of such notice as the Town Manager or his designee
shall determine to be necessary for the preservation of the public health, safety or welfare. If
Principal does not repair or reconstruct the improvements within the time period designated,
Owner shall be entitled to have said repairs made and charge Principal and/or Surety the cost of
same under the terms of this Maintenance Bond.
NOW, THEREFORE, if Principal will maintain and keep in good repair the Work herein
contracted to be done and performed for a period of two (2) years from the date of final
acceptance and do and perform all necessary work and repair any defective condition (it being
understood that the purpose of this section is to cover all defective conditions arising by reason
of defective materials, work or labor performed by Principal) then this obligation shall be void;
otherwise it shall remain in full force and effect and Owner shall have and recover from Principal
Item 9
FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
PAGE 22
and its Surety damages in the premises as provided in the Plans and Specifications and
Contract.
PROVIDED, however, that Principal hereby holds harmless and indemnifies Owner
from and against any claim or liability for personal injury or property damage caused by
and occurring during the performance of said maintenance and repair operation.
PROVIDED, further, that if any legal action be filed on this Bond, exclusive venue shall
lie in Collin County, Texas.
AND PROVIDED FURTHER, Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Contract or to the
Work performed thereunder, or the Plans, Specifications, Drawings, etc. accompanying same
shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the Contract or to the Work to be
performed thereunder.
The undersigned and designated agent is hereby designated by Surety as the resident
agent in either Collin or Dallas Counties to whom all requisite notice may be delivered and on
whom service of process may be had in matters arising out of this suretyship.
IN WITNESS WHEREOF, this instrument is executed in six copies, each one of which shall be
deemed an original, on this the _____ day of ____________, 20____.
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
Item 9
FIRST STREET AND COIT ROAD LANDSCAPE IMPROVEMENTS
PAGE 23
ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
Item 9
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Item 9
Item 9
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Item 9
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 – January 14, 2014
Agenda Item:
Consider and act upon an amendment to the Capital Improvement Project (CIP) plan for the
design and construction of the Southwest Corner of Frontier Park Practice Field and
construction of the First Street and Coit Road Landscaping Improvement Project.
Description of Agenda Item:
At the December 10, 2013, Town Council meeting, the Town Council directed staff to proceed
with the design of the park improvements at the Southwest Corner of Frontier Park. The
proposed CIP amendment adds this new project to the list of proposed CIP Parks Projects and
reallocates budgeted funds from the Cockrell Park project related to the removal of athletic field
lighting from the project.
The total construction cost for the First Street and Coit Road Landscaping Improvement Project
exceeds the current $510,000 budgeted amount for the project. The proposed CIP amendment
reallocates cost savings from the First Street and Coit Road Widening Project to fund the
difference for this CIP Parks Project.
Budget Impact:
The design and construction of the park improvements at the Southwest Corner of Frontier Park
Practice Field is estimated at $292,000. Funding for this project is being provided by the
reallocation of budgeted funds from the Cockrell Park project related to removal of athletic field
lighting from the project.
The construction of the First Street and Coit Road Landscaping Improvement Project is
$582,578.75, which includes a $50,000 contingency. For simplicity, the CIP will be amended to
reflect a budget of $585,000 for this project. $510,000 will be funded from the General Fund
budget amendment in September 2013 that transferred funds for this project into the Capital
Projects Fund. The remaining $75,000 will be funded from the 2008 CO Bonds from cost
savings on the First Street and Coit Road Widening Project.
PARKS &
RECREATION
Prosper is a place where everyone matters.
Item 10
Page 2 of 2
Attached Documents:
1. Concept Plan with cost estimate for Southwest Corner of Frontier Park Practice Field
2. Current CIP Park Projects
3. Amended CIP Parks Projects
4. Current CIP Streets Projects
5. Amended CIP Streets Projects
Town Staff Recommendation:
Town staff recommends the Town Council approve an amendment to the Capital Improvement
Project (CIP) plan for the design and construction of the Southwest Corner of Frontier Park
Practice Field and construction of the First Street and Coit Road Landscaping Improvement
Project.
Proposed Motion:
I move to approve an amendment to the Capital Improvement Project (CIP) plan for the design
and construction of the Southwest Corner of Frontier Park Practice Field and construction of the
First Street and Coit Road Landscaping Improvement Project
Item 10
Site #1:
Southwest
corner of
Frontier Park
Cost Estimates (SW Frontier)
Item Number Description U/M Quantity Unit Cost Total
1 Turf Establishment S.F.174,240 0.300$ 52,272.00$
2 Irrigation S.F.174,240 0.46$ 80,150.40$
3 Site Grading and Drainage L.S.1 80,000.00$ 80,000.00$
4 Backstops E.A.3 5,000.00$ 15,000.00$
5 Design L.S.1 30,000.00$ 30,000.00$
Construction Contingency (15%)34,113.36$
Project Total 291,535.76$
Item 10
2012-2013-2014-2015-2016-2017-2012-2013-2014-2015-2016-2017-
2013 2014 2015 2016 2017 2022 2013 2014 2015 2016 2017 2022
1 Windmill Park - Pavilion 270,000 270,000 235,000 6 35,000 - - - - - - -
2 Windmill Playground 265,000 35,000 300,000 265,000 1 35,000 - - - - - - -
3 Windmill Park - Splashground 101,000 101,000 101,000 - - - - - - -
4 Windmill Playground - Shade Structures 60,500 11,500 72,000 72,000 - - - - - - -
5 Frontier Park - Exercise Stations 34,000 34,000 34,000 6 - - - - - - -
6 Sexton Farms Park (Land Purchase) 3,880,000 3,880,000 400,000 1 3,480,000 - - - - - - -
7 Whitley Place Park (Cockrell) 100,000 950,000 1,050,000 650,000 5,6 400,000 - - - - - - -
8 Windmill Park - Restrooms 105,000 105,000 100,000 6 5,000 - - - - - - -
9 Preston Lakes Hike & Bike Trail 67,000 67,000 67,000 6 - - - - - - -
10 Preston Lakes Remediation 57,500 57,500 57,500 6 - - - - - - -
11 Windmill Park - Site Work (Landscaping, Hardscaping, Utilities) 20,000 20,000 20,000 - - - - - - -
12 Pecan Grove Irrigation 100,000 75,000 175,000 175,000 4 - - - - - -
13 SH 289 Landscaping (US380 - Frontier) 30,000 550,000 580,000 580,000 1,4 - - - - - - -
14 Frontier Park Temporary Parking Lot 75,000 75,000 75,000 4 - - - - - -
15 Frontier Park Field Lighting 400,000 400,000 400,000 400,000 - - - -
16 First Street Landscaping (Craig - Coit) 250,000 250,000 250,000 2 - - - - - - -
17 Coit Road Landscaping (US380 - First) 200,000 200,000 200,000 2 - - - - - - -
18 Field Improvements/Backstops 220,000 220,000 220,000 - - 220,000 - - -
19 Richland Boulevard Landscaping (Prosper Commons - Coit) 175,000 175,000 175,000 - - - 175,000 - -
20 Hike & Bike Trails 750,000 750,000 750,000 - - - - - 750,000 -
21 Sexton Farms Park, Phase I 12,000,000 12,000,000 12,000,000 - - - - - 12,000,000
22 Frontier Park, Phase II (Community Park) 6,000,000 6,000,000 6,000,000 - - - - - 6,000,000
23 Preston Lakes Playground 90,000 90,000 90,000 - - - - - 90,000
SUBTOTAL 730,500$ 4,276,000$ 2,005,000$ 845,000$ 175,000$ 750,000$ 18,090,000$ 26,871,500$ 3,088,500$ 4,148,000$ 750,000$ 18,885,000$ -$ 400,000$ 220,000$ 175,000$ 750,000$ 18,090,000$
Other Sources
0. Impact Fees
1. Grant and Interlocal Funds
2. Other Sources (Proj. Sav.,Fund Bal.,Interest Inc.)
3. Developer Agreement(s)
4. Decision Package
5. Water/Wastewater Fund
6. Park Development Fund
7. Stormwater Drainage Fund
8. Tax Increment Reinvestment Zone #1 (TIRZ 1)
9. Tax Increment Reinvestment Zone #2 (TIRZ 2)
UNISSUED GO's DEBT
Summary of Five Year CIP Plan - DRAFT
General Fund Projects
DEBT SCHEDULE
OTHER ISSUED DEBT AUTHORIZED NEWPARK PROJECTS
PRIOR
FISCAL
YEARS
CONSTRUCTION SCHEDULE TOTAL
PROJECT
COSTS
FUNDING SOURCES
SOURCES GO's & CO's
Item 10
2012-2013-2014-2015-2016-2017-2012-2013-2014-2015-2016-2017-
2013 2014 2015 2016 2017 2022 2013 2014 2015 2016 2017 2022
1 Windmill Park - Pavilion 270,000 270,000 235,000 6 35,000 - - - - - - -
2 Windmill Playground 265,000 35,000 300,000 265,000 1 35,000 - - - - - - -
3 Windmill Park - Splashground 101,000 101,000 101,000 - - - - - - -
4 Windmill Playground - Shade Structures 60,500 11,500 72,000 72,000 - - - - - - -
5 Frontier Park - Exercise Stations 34,000 34,000 34,000 6 - - - - - - -
6 Sexton Farms Park (Land Purchase) 3,880,000 3,880,000 400,000 1 3,480,000 - - - - - - -
7 Whitley Place Park (Cockrell) 100,000 658,000 758,000 358,000 6 400,000 - - - - - - -
8 Windmill Park - Restrooms 105,000 105,000 100,000 6 5,000 - - - - - - -
9 Preston Lakes Hike & Bike Trail 67,000 67,000 67,000 6 - - - - - - -
10 Preston Lakes Remediation 57,500 57,500 57,500 6 - - - - - - -
11 Windmill Park - Site Work (Landscaping, Hardscaping, Utilities) 20,000 20,000 20,000 - - - - - - -
12 Southwest Corner Frontier Park Practice Field 292,000 292,000 292,000 6 - - - - - - -
13 Pecan Grove Irrigation 100,000 75,000 175,000 175,000 4 - - - - - -
14 SH 289 Landscaping (US380 - Frontier) 30,000 550,000 580,000 580,000 1,4 - - - - - - -
15 Frontier Park Temporary Parking Lot 75,000 75,000 75,000 4 - - - - - -
16 Frontier Park Field Lighting 400,000 400,000 400,000 400,000 - - - -
17 First Street & Coit Road Landscaping 585,000 585,000 510,000 2 75,000 - - - - - - -
18 Field Improvements/Backstops 220,000 220,000 220,000 - - 220,000 - - -
19 Richland Boulevard Landscaping (Prosper Commons - Coit) 175,000 175,000 175,000 - - - 175,000 - -
20 Hike & Bike Trails 750,000 750,000 750,000 - - - - - 750,000 -
21 Sexton Farms Park, Phase I 12,000,000 12,000,000 12,000,000 - - - - - 12,000,000
22 Frontier Park, Phase II (Community Park) 6,000,000 6,000,000 6,000,000 - - - - - 6,000,000
23 Preston Lakes Playground 90,000 90,000 90,000 - - - - - 90,000
SUBTOTAL 730,500$ 4,276,000$ 2,140,000$ 845,000$ 175,000$ 750,000$ 18,090,000$ 27,006,500$ 3,148,500$ 4,223,000$ 750,000$ 18,885,000$ -$ 400,000$ 220,000$ 175,000$ 750,000$ 18,090,000$
Other Sources
0. Impact Fees
1. Grant and Interlocal Funds
2. Other Sources (Proj. Sav.,Fund Bal.,Interest Inc.)
3. Developer Agreement(s)
4. Decision Package
5. Water/Wastewater Fund
6. Park Development Fund
7. Stormwater Drainage Fund
8. Tax Increment Reinvestment Zone #1 (TIRZ 1)
9. Tax Increment Reinvestment Zone #2 (TIRZ 2)
UNISSUED GO's DEBT
Summary of Five Year CIP Plan - AMENDED 1/14/14
General Fund Projects
DEBT SCHEDULE
OTHER ISSUED DEBT AUTHORIZED NEWPARK PROJECTS
PRIOR
FISCAL
YEARS
CONSTRUCTION SCHEDULE TOTAL
PROJECT
COSTS
FUNDING SOURCES
SOURCES GO's & CO's
Item 10
2012-2013-2014-2015-2016-2017-2012-2013-2014-2015-2016-2017-
2013 2014 2015 2016 2017 2022 2013 2014 2015 2016 2017 2022
1 First Street and Coit Rd Widening 4 lane concrete 8,250,000 8,250,000 5,329,575 0, 1 2,920,425 - - - - - - -
2 Prosper Trail (Preston - Custer) asphalt maint. 1,020,545 1,020,545 1,020,545 - - - - - - -
3 Prosper/County Road Improvements ST 850,000 850,000 850,000 - - - - - - -
4 Coit Road (US 380 - Frontier) ROW Only ROW acquisition 101,990 101,990 101,990 0 - - - - - - -
5 Coit Road (First Street - Frontier) asphalt maint. 980,000 980,000 55,000 7 925,000 - - - - - - -
6 Hays Road (Ridgewood - Chandler Circle S) concrete maint. 460,000 460,000 30,000 7 430,000 - - - - - - -
7 Coleman Road (Broadway - Prosper Trail) asphalt maint. 390,000 390,000 390,000 - - - - - - -
8 Seventh Street (Coleman - PISD Admin) concrete maint. 740,000 740,000 372,000 5,7 368,000 - - - - - - -
9 Downtown Enhancements (Broadway - Main) concrete maint. 475,000 475,000 475,000 4 - - - - - - -
10 First Street (Church - Craig) concrete maint. 380,000 380,000 76,000 5,7 304,000 - - - - - - - -
11 First Street (DNT - Coleman) asphalt maint. 370,000 370,000 242,455 127,545 - - - 127,545 - - -
12 Frontier Parkway (DNT - Preston) 6 lane concrete 365,000 3,285,000 3,650,000 3,650,000 - - 365,000 3,285,000 - - -
13 Main Street (Broadway - First) concrete maint. 181,000 181,000 - 181,000 - - - 181,000 - - -
14 Custer Road Turn Lanes @ Prosper Trail asphalt maint. 100,000 100,000 100,000 0 - - - - - - -
15 Broadway (McKinley - Main) concrete maint. 113,000 113,000 - 113,000 - - - 113,000 - - -
16 Gee Road (US380 - Fishtrap) asphalt maint. 160,000 160,000 160,000 - - - 160,000 - - -
17 US380 ROW ROW acquisition 70,000 70,000 70,000 0 - - - - - - -
18 Fishtrap Road (FM 1385 - DNT) asphalt maint. 1,250,000 1,250,000 1,250,000 - - - 1,250,000 - - -
19 Rhea Mills concrete maint. 1,302,000 1,302,000 1,302,000 - - - 1,302,000 - - -
20 Coleman Road (Prosper Trail - HS) 2 lane concrete 1,000,000 1,000,000 1,000,000 - - - 1,000,000 - - -
21 McKinley Street (First - Fifth) concrete maint. 275,000 275,000 275,000 - - - 275,000 - - -
22 Fifth Street (Railroad - Coleman) concrete maint. 225,000 225,000 225,000 - - - 225,000 - - -
23 DNT Southbound Service Road 2 lane concrete 1,500,000 18,500,000 20,000,000 4,000,000 9 16,000,000 - - - 1,500,000 14,500,000 -
24 First Street (Greenspoint - Custer) asphalt maint. 420,000 420,000 420,000 - - - - 420,000 - -
25 Church Street (First - Broadway) concrete maint. 170,000 170,000 170,000 - - - - 170,000 - -
26 Church Street (Broadway - Eighth) concrete maint. 325,000 325,000 325,000 - - - - - 325,000 -
27 Pasewark (Preston - End) concrete maint. 240,000 240,000 240,000 - - - - - 240,000 -
28 Parvin Road (Good Hope - FM 1385) asphalt maint. 235,000 235,000 171,455 63,545 - - - - 235,000 -
29 Teel Parkway (US380 - Fishtrap) asphalt maint. 155,000 155,000 - 155,000 - - - - 155,000 -
30 Eighth Street (Church - PISD Admin) concrete maint. 140,000 140,000 - 140,000 - - - - 140,000 -
31 Field Street (Third - Broadway) concrete maint. 35,000 35,000 - 35,000 - - - - 35,000 -
SUBTOTAL 10,222,535$ 460,000$ 4,094,000$ 7,567,000$ 2,090,000$ 19,630,000$ -$ 44,063,535$ 10,609,565$ 7,450,425$ 9,610,000$ 16,393,545$ -$ 365,000$ 7,918,545$ 2,090,000$ 15,630,000$ -$
Other Sources
0. Impact Fees
1. Grant and Interlocal Funds
2. Other Sources (Proj. Sav.,Fund Bal.,Interest Inc.)
3. Developer Agreement(s)
4. Decision Package
5. Water/Wastewater Fund
6. Park Development Fund
7. Stormwater Drainage Fund
8. Tax Increment Reinvestment Zone #1 (TIRZ 1)
9. Tax Increment Reinvestment Zone #2 (TIRZ 2)
STREET PROJECTS
DEBT
OTHER ISSUED DEBT AUTHORIZED
SOURCES GO's & CO's UNISSUED GO's
FUNDING SOURCES
Summary of Five Year CIP Plan - DRAFT
General Fund Projects
CONSTRUCTION SCHEDULE
PRIOR FISCAL
YEARS
DEBT SCHEDULE
NEW
TOTAL
PROJECT
COSTS
Item 10
2012-2013-2014-2015-2016-2017-2012-2013-2014-2015-2016-2017-
2013 2014 2015 2016 2017 2022 2013 2014 2015 2016 2017 2022
1 First Street and Coit Rd Widening 4 lane concrete 8,175,000 8,175,000 5,329,575 0, 1 2,845,425 - - - - - - -
2 Prosper Trail (Preston - Custer) asphalt maint. 1,020,545 1,020,545 1,020,545 - - - - - - -
3 Prosper/County Road Improvements ST 850,000 850,000 850,000 - - - - - - -
4 Coit Road (US 380 - Frontier) ROW Only ROW acquisition 101,990 101,990 101,990 0 - - - - - - -
5 Coit Road (First Street - Frontier) asphalt maint. 980,000 980,000 55,000 7 925,000 - - - - - - -
6 Hays Road (Ridgewood - Chandler Circle S) concrete maint. 460,000 460,000 30,000 7 430,000 - - - - - - -
7 Coleman Road (Broadway - Prosper Trail) asphalt maint. 390,000 390,000 390,000 - - - - - - -
8 Seventh Street (Coleman - PISD Admin) concrete maint. 740,000 740,000 372,000 5,7 368,000 - - - - - - -
9 Downtown Enhancements (Broadway - Main) concrete maint. 475,000 475,000 475,000 4 - - - - - - -
10 First Street (Church - Craig) concrete maint. 380,000 380,000 76,000 5,7 304,000 - - - - - - - -
11 First Street (DNT - Coleman) asphalt maint. 370,000 370,000 242,455 127,545 - - - 127,545 - - -
12 Frontier Parkway (DNT - Preston) 6 lane concrete 365,000 3,285,000 3,650,000 3,650,000 - - 365,000 3,285,000 - - -
13 Main Street (Broadway - First) concrete maint. 181,000 181,000 - 181,000 - - - 181,000 - - -
14 Custer Road Turn Lanes @ Prosper Trail asphalt maint. 100,000 100,000 100,000 0 - - - - - - -
15 Broadway (McKinley - Main) concrete maint. 113,000 113,000 - 113,000 - - - 113,000 - - -
16 Gee Road (US380 - Fishtrap) asphalt maint. 160,000 160,000 160,000 - - - 160,000 - - -
17 US380 ROW ROW acquisition 70,000 70,000 70,000 0 - - - - - - -
18 Fishtrap Road (FM 1385 - DNT) asphalt maint. 1,250,000 1,250,000 1,250,000 - - - 1,250,000 - - -
19 Rhea Mills concrete maint. 1,302,000 1,302,000 1,302,000 - - - 1,302,000 - - -
20 Coleman Road (Prosper Trail - HS) 2 lane concrete 1,000,000 1,000,000 1,000,000 - - - 1,000,000 - - -
21 McKinley Street (First - Fifth) concrete maint. 275,000 275,000 275,000 - - - 275,000 - - -
22 Fifth Street (Railroad - Coleman) concrete maint. 225,000 225,000 225,000 - - - 225,000 - - -
23 DNT Southbound Service Road 2 lane concrete 1,500,000 18,500,000 20,000,000 4,000,000 9 16,000,000 - - - 1,500,000 14,500,000 -
24 First Street (Greenspoint - Custer) asphalt maint. 420,000 420,000 420,000 - - - - 420,000 - -
25 Church Street (First - Broadway) concrete maint. 170,000 170,000 170,000 - - - - 170,000 - -
26 Church Street (Broadway - Eighth) concrete maint. 325,000 325,000 325,000 - - - - - 325,000 -
27 Pasewark (Preston - End) concrete maint. 240,000 240,000 240,000 - - - - - 240,000 -
28 Parvin Road (Good Hope - FM 1385) asphalt maint. 235,000 235,000 171,455 63,545 - - - - 235,000 -
29 Teel Parkway (US380 - Fishtrap) asphalt maint. 155,000 155,000 - 155,000 - - - - 155,000 -
30 Eighth Street (Church - PISD Admin) concrete maint. 140,000 140,000 - 140,000 - - - - 140,000 -
31 Field Street (Third - Broadway) concrete maint. 35,000 35,000 - 35,000 - - - - 35,000 -
SUBTOTAL 10,147,535$ 460,000$ 4,094,000$ 7,567,000$ 2,090,000$ 19,630,000$ -$ 43,988,535$ 10,609,565$ 7,375,425$ 9,610,000$ 16,393,545$ -$ 365,000$ 7,918,545$ 2,090,000$ 15,630,000$ -$
Other Sources
0. Impact Fees
1. Grant and Interlocal Funds
2. Other Sources (Proj. Sav.,Fund Bal.,Interest Inc.)
3. Developer Agreement(s)
4. Decision Package
5. Water/Wastewater Fund
6. Park Development Fund
7. Stormwater Drainage Fund
8. Tax Increment Reinvestment Zone #1 (TIRZ 1)
9. Tax Increment Reinvestment Zone #2 (TIRZ 2)
Summary of Five Year CIP Plan - AMENDED 1/14/14
General Fund Projects
TOTAL
PROJECT
COSTS SOURCES GO's & CO's UNISSUED GO's
FUNDING SOURCES DEBT SCHEDULE
NEW
DEBT
OTHER ISSUED DEBT AUTHORIZEDSTREET PROJECTS
CONSTRUCTION SCHEDULE
PRIOR FISCAL
YEARS
Item 10
Page 1 of 2
To: Mayor and Town Council
From: Paul Naughton, RLA, Landscape Architect
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – January 14, 2014
Agenda Item:
Consider and act upon authorizing the Town Manager to execute an agreement between
Dunaway Associates, LP and the Town of Prosper, Texas, related to the update of the Parks,
Recreation and Open Space Master Plan.
Description of Agenda Item:
An SOQ was submitted for professional services for the Parks, Recreation and Open Space
Master Plan on September 16, 2013. After Town staff review, Dunaway Associates, LP was
selected.
Dunaway Associates, LP will perform professional services to provide updates to the Parks,
Recreation and Open Space Master Plan. This will include the following:
Phase I: Inventory and Needs Assessment
o Base Map Preparation
o Inventory & Supply Analysis
o Population & Demographic Analysis
o Standards Analysis
o Demand Analysis & Needs Assessment
Phase II: Parks, Recreation and Open Space Master Plan
o Priority Ranking Analysis
o Action Plan
o Expenditure Analysis
o Preliminary Master Plan
o Final Master Plan
Dunaway Associates, LP will prepare an updated Parks, Recreation and Open Space Master
Plan in accordance with the Town’s direction for a fee not to exceed $78,517.
Budget Impact:
The $78,517 for the update of the Parks, Recreation and Open Space Master Plan is to be
funded by the Parks and Recreation Department FY 2013-2014 Adopted Budget (10-5410-60).
PARKS &
RECREATION
Prosper is a place where everyone matters.
Item 11
Page 2 of 2
Legal Obligations and Review:
Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality.
Attached Documents:
1. Professional Services Agreement
Town Staff Recommendation:
Town staff recommends the Town Council approve an agreement between Dunaway
Associates, LP and the Town of Prosper, Texas, related to the update of the Parks, Recreation
and Open Space Master Plan; and authorize the Town Manager to execute same.
Proposed Motion:
I move to approve authorizing the Town Manager to execute an agreement between Dunaway
Associates, LP and the Town of Prosper, Texas, related to the update of the Parks, Recreation
and Open Space Master Plan.
Item 11
PROFESSIONAL SERVICES AGREEMENT WITH
DUNAWAY ASSOCIATES, L.P.
STATE OF TEXAS §
§
COUNTY OF COLLIN §
THIS PROFESSIONAL SERVICES AGREEMENT (“CONTRACT”) is entered
into on this ______ day of January, 2014, by and between the TOWN OF PROSPER, TEXAS,
a municipal corporation with its principal offices located in Collin County, Texas (hereinafter
referred to as the “TOWN”), acting by and through its Town Manager, and DUNAWAY
ASSOCIATES, L.P. (hereinafter referred to as “CONSULTANT”), whose address is 550
Bailey Avenue, Suite 400, Fort Worth, Texas 76107.
WHEREAS, the Town has received various professional service proposals for planning
and landscape architectural services for the preparation of the Town’s Parks, Recreation and
Open Space Master Plan; and
WHEREAS, the TOWN desires to obtain professional services from CONSULTANT
for said Master Plan; and
WHEREAS, CONSULTANT is a professional planning and landscape architectural
firm qualified to provide such services and is willing to undertake the performance of such
services for the TOWN in exchange for fees hereinafter specified.
NOW, THEREFORE, in consideration of the covenants and agreements hereinafter
contained and subject to the terms and conditions hereinafter stated, the parties hereto do
mutually agree as follows:
I.
Employment of Consultant
CONSULTANT shall perform as an independent contractor all services under this
Contract to the prevailing professional standards consistent with the level of care and skill
ordinarily exercised by members of the planning and landscape architectural professions,
currently practicing in the same locality under similar conditions including but not limited to the
exercise of reasonable, informed judgments and prompt, timely action. If CONSULTANT is
representing that it has special expertise in one or more areas to be utilized in this Contract, then
CONSULTANT agrees to perform those special expertise services to the appropriate local,
regional and national professional standards.
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II.
Scope of Services
CONSULTANT shall perform such services as are necessary to prepare the Town’s
Parks, Recreation and Open Space Master Plan, including the tasks enumerated more fully in
Exhibit A hereto and entitled “Proposal for Professional Services for Parks, Recreation and Open
Space Master Plan” (hereinafter referred to as the “Project”). Exhibit A is hereby incorporated
herein by reference and made a part hereof as if written word for word; however, in case of
conflict in the language of Exhibit A and this Contract, the terms and conditions of this Contract
shall be final and binding upon both parties hereto. The estimated Project schedule is attached
hereto as Exhibit B and is also incorporated herein by reference and made a part hereof as if
written word for word.
III.
Payment for Services
Total payment for services are described in Exhibit A hereto. This total payment for
services includes CONSULTANT’s ordinary expenses. Additional expenses, which are
extraordinary in nature, shall be approved in advance by the TOWN in writing signed by the
parties. Such extraordinary expenses may be paid as incurred and billed to the TOWN pursuant
to this Contract over and above the total payment amount identified in this provision. Any
extraordinary expenses not approved in writing in advance by the TOWN shall remain the sole
responsibility of CONSULTANT.
CONSULTANT will bill the TOWN in accordance with Exhibit A; provided, however,
that this Contract shall control in the event of any conflict between the language in Exhibit A and
the language in this Contract. If additional services or expenses are requested, CONSULTANT
will not provide such additional services or incur such additional expenses until authorized by
the TOWN in writing to proceed. The scope of services shall be strictly limited. The TOWN
shall not be required to pay any amount in excess of the amount identified in the preceding
paragraph unless the TOWN shall have approved in writing in advance (prior to the performance
of additional work) the payment of additional amounts.
Each month CONSULTANT will submit to the TOWN an invoice for actual services
performed by CONSULTANT during the previous month. Each invoice also shall state the
percentage of work completed on the Project through the then submitted billing period, the total
of the current invoice amount and a running total balance for the Project to date.
Within thirty (30) days of receipt of each such monthly invoice the TOWN shall pay the
invoice submitted by CONSULTANT. Failure to pay the invoice within thirty (30) days may
constitute default.
Nothing contained in this Contract shall require the TOWN to pay for any work that is
not performed and submitted in compliance with the terms of this Contract, nor shall failure to
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withhold payment pursuant to the provisions of this section constitute a waiver of any right, at
law or in equity, which the TOWN may have if CONSULTANT is in default, including the right
to bring legal action for damages or for specific performance of this Contract. Waiver of any
default under this Contract shall not be deemed a waiver of any subsequent default.
IV.
Revisions to the Scope of Services
The TOWN reserves the right to revise or expand the scope of services after due approval
by the TOWN as the TOWN may deem necessary, but in such event the TOWN shall pay
CONSULTANT equitable compensation, including any reasonable and necessary expenses, for
such services. In any event, when CONSULTANT is directed to revise or expand the scope of
services under this Section of the Contract, CONSULTANT shall provide the TOWN a written
proposal for the entire costs involved in performing such additional services. Prior to
CONSULTANT undertaking any revised or expanded services as directed by the TOWN under
this Contract, the TOWN must authorize in writing the nature and scope of the services and
accept the method and amount of compensation and the time involved in all phases of the
Project.
It is expressly understood and agreed by CONSULTANT that any compensation not
specified in Paragraph III herein above may require Prosper Town Council approval and is
subject to the current budget year limitations.
V.
Term
This Contract shall begin on the date first written above, and shall terminate when the
TOWN has approved or taken other official action relative to the Project, or otherwise terminates
this Contract as provided herein.
VI.
Contract Termination Provision
This Contract may be terminated at any time by the TOWN for any cause by providing
CONSULTANT thirty (30) days’ written notice of such termination. Upon receipt of such
notice, CONSULTANT shall immediately terminate working on, placing orders or entering into
contracts for supplies, assistance, facilities or materials in any way connected with this Contract
and shall proceed to promptly cancel all existing contracts insofar as they are related to this
Contract. The TOWN shall pay CONSULTANT for any authorized work performed pursuant to
this Contract up to the date CONSULTANT is provided notice of said termination.
VII.
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Ownership of Documents
All materials and documents prepared or assembled by CONSULTANT under this
Contract shall become the sole property of the TOWN and shall be delivered to the TOWN
without restriction on future use. CONSULTANT may retain in its files copies of all drawings,
specifications and all other pertinent information for the work (“Work Products”).
CONSULTANT may utilize all Work Products for any lawful purpose including, but not limited
to, marketing to the extent only that such Work Products do not contain “Confidential
Information.” If CONSULTANT uses any such Work Products for marketing purposes,
CONSULTANT shall add the following statement on/to the face of the Work Products in a bold
type face at least as large as all other wording or writing thereon and in no event less than 10
point in size which statement shall be plainly visible and legible when the Work Products are
viewed in whatever medium presented: “THE USE OR DISPLAY OF THIS ITEM IS NOT
INTENDED TO BE NOR SHALL IT BE CONSIDERED, INTERPRETED OR
REPRESENTED TO BE AN ENDORSEMENT OF ANY PERSON, COMPANY, SERVICE
OR PROCESS BY THE TOWN.” CONSULTANT shall have no liability for changes made to
any materials or other documents by others subsequent to the completion of the Contract.
VIII.
Insurance
A. CONSULTANT shall, at its own expense, purchase, maintain and keep in force during
the term of this Contract such insurance as set forth below. CONSULTANT shall not commence
work under this Contract until CONSULTANT has obtained all the insurance required under this
Contract. All insurance policies provided under this Contract shall be written on an
“occurrence” basis save and except the Professional Liability Insurance which may be written on
a “claims-made” form provided that “tail coverage” or continuation coverage is provided as
hereinafter required. The insurance requirements shall remain in effect throughout the term of
this Contract.
The CONSULTANT shall furnish to the TOWN certificates of insurance executed by the
insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all
applicable required provisions.
1. Worker’s Compensation Insurance (as required by law) with the policy endorsed
to provide a waiver of subrogation as to the TOWN; Employers’ Liability
Insurance of not less than $100,000.00 for each accident;
2. Commercial General Liability Insurance including, but not limited to,
Premises/Operations, Personal & Advertising Injury, Products/Completed
Operations, Independent Contractor’s and Contractual Liability, covering but not
limited to the indemnification provisions of this Contract, fully insuring
CONSULTANT’s liability for injury to or death of employees of the TOWN and
third parties, extended to include personal injury liability coverage and for
damage to property of third parties, with minimum combined single limits of
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$1,000,000 per occurrence, $1,000,000 Products/Completed Operations
Aggregate and $1,000,000 general aggregate per occurrence. Coverage must be
written on an occurrence form. The General Aggregate shall apply on a per
project basis;
3. Business Automobile Liability Insurance, covering owned, hired and non-owned
vehicles, with a minimum combined bodily injury and property damage limit of
$1,000,000.00 per occurrence; and
4. Professional Liability Insurance: CONSULTANT shall obtain and maintain at all
times during the prosecution of the work under this Contract professional liability
insurance, which may be written on a claims made form provided that “tail
coverage” or continuation coverage is provided as hereinafter required. Limits of
liability shall be $1,000,000.00 per claim, $1,000,000.00 annual aggregate. The
coverage under this policy shall include a contractual liability endorsement.
If any of the foregoing insurance is written on a claims-made form, coverage shall be
continuous (by renewal or extended reporting period) for not less than twenty four (24) months
following completion of the Contract. All such insurance shall be purchased from an insurance
company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or
equivalent.
B. Each insurance policy to be furnished by CONSULTANT shall include the following
conditions by endorsement to the policy:
1. The TOWN shall be named as an additional insured on the Commercial General
Liability policy, by using endorsement CG2026 or broader;
2. The TOWN shall also be named as an additional insured as to all other applicable
coverage save and except the Worker’s Compensation Insurance and Professional
Liability Insurance;
3. Each policy will require that thirty (30) days prior to the expiration, cancellation,
nonrenewal or any material change in coverage, a notice thereof shall be given to
the TOWN by certified mail to:
Harlan Jefferson, Town Manager
Town of Prosper
121 W. Broadway
P.O. Box 307
Prosper, Texas 75078
However, if the policy is canceled for nonpayment of premium, only ten (10) days
advance written notice to the TOWN is required. CONSULTANT shall also
notify TOWN within twenty-four (24) hours after receipt of any notices of
expiration, cancellation, nonrenewal or any material change in coverage it
receives from its insurer(s); and
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4. All provisions of the Contract concerning liability, duty and standards of care
together with the indemnification provision shall be underwritten by contractual
liability coverage sufficient to include such obligations within applicable policies.
C. CONSULTANT agrees to the following:
1. CONSULTANT hereby waives subrogation rights for loss or damage to the
extent same are covered by insurance. Insurers shall have no right of recovery or
subrogation against the TOWN, it being the intention that the insurance policies
shall protect all parties to this Contract and be primary coverage for all losses
covered by the policies;
2. Companies issuing the insurance policies and CONSULTANT shall have no
recourse against the TOWN for payment of any premiums, or assessments for any
deductible, as all such premiums are the sole responsibility and risk of
CONSULTANT;
3. Approval, disapproval or failure to act by the TOWN regarding any insurance
supplied by CONSULTANT (or any subcontractors) shall not relieve
CONSULTANT of full responsibility or liability for damages and accidents as set
forth in the Contract documents. Neither shall the insolvency or denial of liability
by the insurance company exonerate CONSULTANT from liability; and
4. No special payments shall be made for any insurance that the CONSULTANT
and subcontractors are required to carry; all are included in the contract price and
the contract unit prices.
Any of the insurance policies required under this section may be written in combination
with any of the others, where legally permitted, but none of the specified limits may be lowered
thereby.
IX.
Right to Inspect Records
CONSULTANT agrees that the TOWN shall have access to and the right to examine any
directly pertinent books, documents, papers and records of CONSULTANT involving
transactions relating to this Contract. CONSULTANT agrees that the TOWN shall have access
during normal working hours to all necessary CONSULTANT facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The TOWN shall give CONSULTANT reasonable advance notice of
intended audits.
CONSULTANT further agrees to include in subcontract(s), if any, a provision that any
subcontractor or engineer agrees that the TOWN shall have access to and the right to examine
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any directly pertinent books, documents, papers and records of such engineer or sub-contractor
involving transactions to the subcontract, and further, that the TOWN shall have access during
normal working hours to all such engineer or sub-contractor facilities and shall be provided
adequate and appropriate work space, in order to conduct audits in compliance with the
provisions of the paragraph. The TOWN shall give any such engineer or sub-contractor
reasonable advance notice of intended audits.
X.
Successors and Assigns
The TOWN and CONSULTANT each bind themselves and their successors, executors,
administrators and assigns to the other party to this contract and to the successors, executors,
administrators and assigns of such other party in respect to all covenants of this Contract.
Neither the TOWN nor CONSULTANT shall assign or transfer its interest herein without the
prior written consent of the other.
XI.
CONSULTANT’s Liability
Acceptance of the final deliverables by the TOWN shall not constitute nor be deemed a
release of the responsibility and liability of CONSULTANT, its employees, associates, agents or
consultants for the accuracy and competency of their designs, working drawings, specifications
or other documents and work; nor shall such acceptance be deemed an assumption of
responsibility by the TOWN for any defect in the designs, working drawings, specifications or
other documents and work; nor shall such acceptance be deemed an assumption of responsibility
by the TOWN for any defect in the designs, working drawings, specifications or other documents
and work prepared by said CONSULTANT, its employees, associates, agents or sub-consultants.
XII.
Indemnification
CONSULTANT DOES HEREBY COVENANT AND CONTRACT TO WAIVE
ALL CLAIMS, RELEASE, INDEMNIFY AND HOLD HARMLESS THE TOWN AND
ALL OF ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INVITEES, IN
BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL
LIABILITY, CLAIMS, SUITS, DEMANDS OR CAUSES OF ACTION, INCLUDING
ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, THAT MAY ARISE BY
REASON OF DEATH OR INJURY TO PERSONS OR DAMAGE TO OR LOSS OF USE
OF PROPERTY OCCASIONED BY ANY WRONGFUL INTENTIONAL ACT OR
OMISSION OF CONSULTANT AS WELL AS ANY NEGLIGENT OMISSION, ACT OR
ERROR OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES
AND INVITEES, OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY
LIABLE WITH REGARD TO THE PERFORMANCE OF THIS CONTRACT, AND
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CONSULTANT WILL, AT ITS OWN COST AND EXPENSE, DEFEND AND PROTECT
TOWN AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS.
CONSULTANT’S OBLIGATIONS TO TOWN UNDER THIS PROVISION
SHALL BE LIMITED TO THE APPLICABLE INSURANCE COVERAGE(S)
CONSULTANT IS REQUIRED TO PROVIDE IN ACCORDANCE WITH THE TERMS
AND PROVISIONS OF THIS CONTRACT PLUS ANY DEDUCTIBLE AMOUNT(S) TO
BE PAID BY CONSULTANT IN CONJUNCTION WITH SAID COVERAGE(S) FOR
EACH OCCURRENCE GIVING RISE TO ANY SUCH LIABILITY, CLAIMS, SUITS,
DEMANDS OR CAUSES OF ACTION. IF, HOWEVER, CONSULTANT FAILS TO
PURCHASE AND/OR MAINTAIN ONE OR MORE TYPES OF INSURANCE
COVERAGE IN THE AMOUNT(S) REQUIRED BY THIS CONTRACT,
CONSULTANT’S OBLIGATIONS TO TOWN UNDER THIS PROVISION SHALL IN
NO WAY BE LIMITED.
XIII.
Independent Contractor
CONSULTANT’s status shall be that of an Independent Contractor and not an agent,
servant, employee or representative of the TOWN in the performance of this Contract. No term
or provision of or act of CONSULTANT or the TOWN under this Contract shall be construed as
changing that status. CONSULTANT will have exclusive control of and the exclusive right to
control the details of the work performed hereunder, and shall be liable for the acts and
omissions of its officers, agents, employees, contractors, subcontractors and engineers and the
doctrine of respondeat superior shall not apply as between the TOWN and CONSULTANT, its
officers, agents, employees, contractors, subcontractors and engineers, and nothing herein shall
be construed as creating a partnership or joint enterprise between the TOWN and
CONSULTANT.
XIV.
Default
The terms of Sections XII, entitled “Indemnification,” and XVII, entitled “Confidential
Information,” shall survive termination of this Contract.
XV.
Changes
The TOWN may, from time to time, require changes in the scope of services to be
performed under this Contract. Such changes as are mutually agreed upon by and between the
TOWN and CONSULTANT shall be incorporated by written modification to this Contract.
XVI.
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Conflict of Interest
CONSULTANT covenants and agrees that CONSULTANT and its associates and
employees will have no interest, and will acquire no interest, either direct or indirect, which will
conflict in any manner with the performance of the services called for under this Contract. All
activities, investigations and other efforts made by CONSULTANT pursuant to this Contract
will be conducted by employees, associates or subcontractors of CONSULTANT.
XVII.
Confidential Information
CONSULTANT hereby acknowledges and agrees that its representatives may have
access to or otherwise receive information during the furtherance of its obligations in accordance
with this Contract, which is of a confidential, non-public or proprietary nature. CONSULTANT
shall treat any such information received in full confidence and will not disclose or appropriate
such Confidential Information for its own use or the use of any third party at any time during or
subsequent to this Contract. As used herein, “Confidential Information” means all oral and
written information concerning the TOWN, its affiliates and subsidiaries, and all oral and written
information concerning the TOWN or its activities, that is of a non-public, proprietary or
confidential nature including, without limitation, information pertaining to customer lists,
services, methods, processes and operating procedures, together with all analyses, compilation,
studies or other documents, whether prepared by CONSULTANT or others, which contain or
otherwise reflect such information. The term “Confidential Information” shall not include such
materials that are or become generally available to the public other than as a result of disclosure
of CONSULTANT, or are required to be disclosed by a governmental authority.
XVIII.
Mailing Address
All notices and communications under this CONTRACT to be mailed to the TOWN shall
be sent to the address of TOWN’s agent as follows, unless and until CONSULTANT is
otherwise notified:
Mr. Harlan Jefferson, Town Manager
Town of Prosper
121 W. Broadway
P.O. Box 307
Prosper, Texas 75078
Notices and communications to be mailed or delivered to CONSULTANT shall be sent
to the address of CONSULTANT as follows, unless and until the TOWN is otherwise notified:
Dunaway Associates, L.P.
550 Bailey Avenue, Suite 400
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Fort Worth, Texas 76107
Any notices and communications required to be given in writing by one party to the other
shall be considered as having been given to the addressee on the date the notice or
communication is posted, faxed or personally delivered by the sending party.
XIX.
Applicable Law
The Contract is entered into subject to the Prosper Town Charter and ordinances of the
TOWN, as same may be amended from time to time, and is subject to and is to be construed,
governed and enforced under all applicable State of Texas and federal laws. CONSULTANT
will make any and all reports required per federal, state or local law including, but not limited to,
proper reporting to the Internal Revenue Service, as required in accordance with
CONSULTANT’s income. Situs of this Contract is agreed to be Collin County, Texas, for all
purposes, including performance and execution.
XX.
Severability
If any of the terms, provisions, covenants, conditions or any other part of this Contract
are for any reason held to be invalid, void or unenforceable, the remainder of the terms,
provisions, covenants, conditions or any other part of this Contract shall remain in full force and
effect and shall in no way be affected, impaired or invalidated.
XXI.
Remedies
No right or remedy granted herein or reserved to the parties is exclusive of any other right
or remedy herein by law or equity provided or permitted; but each shall be cumulative of every
other right or remedy given hereunder. No covenant or condition of this Contract may be waived
without written consent of the parties. Forbearance or indulgence by either party shall not
constitute a waiver of any covenant or condition to be performed pursuant to this Contract.
XXII.
Entire Agreement
This Contract embodies the entire agreement of the parties hereto, superseding all oral or
written previous and contemporaneous agreements between the parties relating to matters herein,
and except as otherwise provided herein cannot be modified without written agreement of the
parties.
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XXIII.
Non-Waiver
It is further agreed that one (1) or more instances of forbearance by the TOWN in the
exercise of its rights herein shall in no way constitute a waiver thereof.
XXIV.
Headings
The headings of this Contract are for the convenience of reference only and shall not
affect any of the terms and conditions hereof in any manner.
XXV.
Venue
The parties to this Contract agree and covenant that this Contract will be enforceable in
Prosper, Texas; and that if legal action is necessary to enforce this Contract, exclusive venue will
lie in Collin County, Texas.
XXVI.
No Third Party Beneficiary
For purposes of this Contract, including its intended operation and effect, the parties (the
TOWN and CONSULTANT) specifically agree and contract that: (1) the Contract only affects
matters/disputes between the parties to this Contract, and is in no way intended by the parties to
benefit or otherwise affect any third person or entity notwithstanding the fact that such third
person or entity may be in contractual relationship with the TOWN or CONSULTANT or both;
and (2) the terms of this Contract are not intended to release, either by contract or operation of
law, any third person or entity from obligations owing by them to either TOWN or
CONSULTANT.
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed
as of the date first above written.
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TOWN OF PROSPER, TEXAS
By: ______________________________________
Harlan Jefferson, Town Manager
Date Signed: _______________________________
ATTEST:
____________________________________
Robyn Battle, Town Secretary
DUNAWAY ASSOCIATES, L.P.
By: ______________________________________
Its: ______________________________________
Date Signed: __________________________
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Exhibit A
PROPOSAL FOR PROFESSIONAL SERVICES
FOR
PARKS, RECREATION AND OPEN SPACE MASTER PLAN
Prosper, Texas
December 13, 2013
I. PROJECT DESCRIPTION
Dunaway Associates, L.P. (“Dunaway”) will perform professional planning and landscape
architectural services for the Town of Prosper (“the Town”) for the preparation of the Parks,
Recreation and Open Space Master Plan. The Scope of Services will be performed in two (2)
phases with Phase 1 including the Inventory and Needs Assessment, and Phase II the Master
Plan. As additional expertise to the team, Dunaway will retain the services of National
Service Research (“NSR”) for the needs assessment portion of the project. The Master Plan
will address park acquisition and development over a 5 to 10 year period of time.
Dunaway has prepared this Scope of Services based upon an initial list of tasks that was
reviewed and expanded upon by Town Staff, as well as follow-up conversations with Town
staff. The Town will set up an Advisory Committee to work with the Dunaway team during
the overall master planning process.
II. SCOPE OF SERVICES
A. PHASE I – INVENTORY AND NEEDS ASSESSMENT
1. Base Map Preparation
a. The Town will provide Dunaway all available digital data for the current mapping
of the Town. The digital information will be provided by the Town in a format
that has been coordinated with Dunaway.
b. Based upon the provided information, Dunaway will prepare a digital base map
that will illustrate information such as park sites, schools, thoroughfares, drainage
corridors, vegetation, etc.
Page 1 of 8
Item 11
Exhibit A
2. Inventory & Supply Analysis
a. Dunaway Team members will attend one (1) kick-off meeting with the Advisory
Committee and Town staff to discuss the project goals and objectives, overall
schedule, and to outline the public involvement / needs assessment phase of work.
b. The Town will provide Dunaway a complete listing of the current citywide
inventory for the park system. The Town will provide the following information
to Dunaway:
1) Public parks, recreational facilities, and open space areas owned by the Town,
by individual site and existing amenities/assets at each site
2) Facility inventory of the Prosper Independent School District (PISD), by
individual site and existing amenities for sports and recreational components
3) Parks and recreational facilities within Homeowners Associations (HOA)
4) Land that is targeted or proposed for dedication for parks or open space
5) Land, facilities, and programs offered by other service providers within the
community (i.e.: private, public, or not-for-profit agencies)
6) Existing youth and adult sports associations including number of teams,
participation levels, facilities used, and projected annual growth of each
association
7) Existing recreation programs offered by the Town and projected growth of
each program
c. Dunaway team members and Town representatives will perform a citywide tour
of Prosper’s existing parks and recreation facilities. The park sites will be
documented photographically for existing conditions and amenities.
d. From information provided by the Town, Dunaway will review the Future Land
Use Plan, current zoning and development patterns, Thoroughfare Plan,
Comprehensive Plan, floodplains and creeks, vegetative areas & wooded
corridors within the Town.
Page 2 of 8
Item 11
Exhibit A
3. Population & Demographic Analysis
a. The Town will provide Dunaway the most current population statistics and
projections for Prosper. Dunaway will obtain projected population of the PISD
students within and outside of the Town limits of Prosper.
b. Dunaway will prepare a brief population analysis, noting distribution and
relationship to current park facilities.
c. Dunaway will prepare a brief demographic analysis, noting characteristics of the
Prosper community and potential needs for parks and recreation.
d. Dunaway will review the recently approved Comprehensive Plan.
4. Standards Analysis
a. Dunaway will evaluate the Town’s current classifications for park acreage and
facility standards.
b. Dunaway will update park standards based upon the North Texas region, as well
as published standards from National Parks and Recreation Association (NRPA).
c. Dunaway and Town representatives will conduct a benchmark tour in the North
Texas region to see leading communities that coincide with Prosper’s park
acreage and facility standards. At the completion of the benchmark tour,
Dunaway will attend a meeting with the Advisory Committee to discuss the tour
findings as well as the topics for the citizen survey and the approach/discussion
topics for the Town Hall meeting.
5. Demand Analysis & Needs Assessment
a. Dunaway and NSR will participate in a conference call with Town staff to discuss
and confirm the public involvement methodology to be undertaken, as well as the
goals and objectives for the citizen survey.
b. Based upon the conference call input, NSR will design a concise citizen survey
document. NSR will provide the survey link to put on the Town’s website, and
NSR will host the survey on NSR servers. The Town will responsible for
Page 3 of 8
Item 11
Exhibit A
advertising the survey on social media sites (Facebook, Twitter, etc.), and
providing email notifications to citizens.
c. Dunaway and NSR will conduct one (1) Town Hall meeting which will include
round tables for specific topics so citizens can give input for the park system. The
Town will be responsible for advertising the meeting and arranging the venue
location.
d. Dunaway and NSR will conduct Focus Group / Round Table meeting with
specific park users and organizations. The Town will be responsible for
recruiting Focus Group / Round Table participants and arranging the venue
location.
e. NSR will design and mail out a postcard advertising the citizen survey document
and how to access the online survey. The Town will provide NSR a listing of all
residential addresses (approximately 5,000 households). NSR will coordinate the
printing and mailing of postcards.
f. NSR will prepare a final report in text and graphic format summarizing the survey
results and needs for parks & recreational facilities.
B. PHASE II – PARKS, RECREATION AND OPEN SPACE MASTER PLAN
1. Priority Ranking Analysis
a. Dunaway will prepare a priority criteria system to be used in ranking of priorities
based upon the citizen survey results, Dunaway recommendations, and other
sources of input.
b. Dunaway will complete the priority ranking matrix based upon the various
sources of input.
c. Dunaway and NSR will attend one (1) meeting with the Advisory Committee and
Town representatives to present the findings from the citizen survey and the
priority ranking matrix.
Page 4 of 8
Item 11
Exhibit A
2. Action Plan
a. Based upon the priority ranking results, Dunaway will prepare a preliminary
Action Plan for development of parks and recreational facilities to meet future
needs within the Town limits. Dunaway will also address parks and recreational
facilities to serve the population outside the Town limits.
b. Dunaway will prepare digital exhibits/maps depicting the proposed locations for
the Action Plan recommendations.
c. Dunaway will prepare a separate Hike & Bike Trail Plan exhibit/map showing the
high-level conceptual trail network within the Town limits.
d. Dunaway will identify recreation programming needs and opportunities within the
Prosper community.
3. Expenditure Analysis
a. Dunaway will prepare an Expenditure Analysis for the projected budgets/capital
costs of the Action Plan recommendations.
b. Dunaway will prepare funding recommendations for the Action Plan, including an
estimated timeline for implementation. The Action Plan will address park land
acquisition and development for a 5 to 10 year period of time.
c. Dunaway will evaluate the existing park dedication fee and park improvement fee
requirements in relation to the Action Plan funding recommendations.
d. Dunaway will evaluate the validity of allowing consideration of credits for park
dedication and park improvement fees related to private improvements and
parkland to be owned and maintained by HOA’s.
e. Dunaway will evaluate the operation and maintenance costs associated with
current park system, as well as the projected staff needs for future capital
development.
4. Preliminary Master Plan
a. Dunaway will prepare a Preliminary Master Plan report in narrative format
outlining the entire process, findings and recommendations.
Page 5 of 8
Item 11
Exhibit A
b. Dunaway will prepare Preliminary Master Plan exhibits/maps for the items
recommended within the Action Plan.
c. Dunaway will review the Town’s current Subdivision Ordinance and provide
recommendations for changes that relate to the Preliminary Master Plan.
d. Dunaway will submit one (1) unbound hardcopy and one (1) electronic format
(pdf and tif) of the Preliminary Master Plan to the Town for review and
comments.
e. Dunaway will attend one (1) meeting with the Advisory Committee to present the
Preliminary Master Plan.
f. Dunaway will attend one (1) Town Hall meeting to present the Preliminary
Master Plan to the Prosper citizens and Town leaders.
5. Final Master Plan
a. Based upon input received from the Town Hall meeting, as well as comments
from Town staff, Dunaway will prepare the final narrative and color
exhibits/maps for the Master Plan.
b. Dunaway will submit one (1) unbound hardcopy, ten (10) bound copies, and one
(1) electronic disk of the final Master Plan document. Dunaway will provide the
Hike & Bike Trail Plan exhibit/map in GIS format for the Town to use in
updating their interactive map. Dunaway will coordinate with Town staff on file
format for all other maps and exhibits. The Town will be responsible for
printing/binding multiple copies of the Master Plan document.
c. Dunaway will attend one (1) meeting with the Advisory Committee to present the
Master Plan.
d. Dunaway will attend one (1) meeting with the Park Board to present the Master
Plan.
e. Dunaway will attend one (1) meeting with the Town Council to present the
Master Plan.
Page 6 of 8
Item 11
Exhibit A
III. COMPENSATION
A. PHASE I – INVENTORY AND NEEDS ASSESSMENT
1. Base Map Preparation $3,600
2. Inventory & Supply Analysis $6,656
3. Population & Demographic Analysis $3,012
4. Standards Analysis $4,012
5. Demand Analysis & Needs Assessment $16,250
PHASE I SUBTOTAL - BASIC SERVICES $33,530
B. PARKS, RECREATION AND OPEN SPACE MASTER PLAN
1. Priority Ranking Analysis $3,412
2. Action Plan $11,262
3. Expenditure Analysis $4,756
4. Preliminary Master Plan $14,570
5. Final Master Plan $7,987
PHASE II SUBTOTAL - BASIC SERVICES $41,987
REIMBURSABLE EXPENSES (Not-to-exceed) $3,000
TOTAL FEE (Not-to-exceed) $78,517.00
(Reimbursable expenses will be additional to the Basic Services cost. These expenses
include, but may not be limited to, such items as reproduction costs, computer plotting,
printing, mounting, travel/mileage, travel/tolls, copies, photography, meals,
couriers/deliveries, etc. Reimbursable expenses will be paid for at cost times a 1.10
multiplier)
Page 7 of 8
Item 11
Exhibit A
IV. ADDITIONAL SERVICES
And additional items not included in this proposed Scope of Services, which are
requested by the Town of Prosper, will be covered as Additional Services as authorized
by the Town. Additional services may include, but are not limited to the following:
additional town hall meetings ($1,350 each); additional focus group sessions; videotaping
any meetings; special presentation graphics; additional printing of Master Plan
books/documents; additional printing of color maps or exhibits for the Master Plan, etc.
V. ASSUMPTIONS
A. The Town will provide, as expeditiously as possible, all existing data and base
information currently in its possession and as necessary to complete the scope of
services described herein. This includes the electronic files from the previous Parks
Master Plan document. This scope of services does not include any detailed site
reviews to obtain park inventory information. All information provided by the Town
is assumed to be accurate and complete, unless otherwise indicated by the Town.
Any information required to complete this scope of services that cannot be readily
provided by the Town will remain the responsibility of the Town. Dunaway will
coordinate obtaining GIS data from the City of Frisco, who currently manages these
files for the Town of Prosper.
B. This scope of services does not include any coordination with other agencies such as
Texas Parks & Wildlife, NCTCOG, Collin County, U.S. Army Corps of Engineers,
FEMA, TCEQ, etc.
C. Dunaway will attend the meetings as described within this scope of services.
Additional meetings, workshops, public hearings, focus groups, etc. as requested by
the Town will be considered as additional services as authorized by the Town.
D. This scope of services includes $2,100 for item A.5.e, the printing and mailing by
NSR for the 5,000 postcards. This item can be deducted from the basic services cost
if the Town decides to handle all the printing and mailing of the 5,000 postcards.
E. This scope of services does not include any grant writing or grant application
submittals to such agencies as the Texas Parks & Wildlife Department.
F. This scope of services does not include any design or construction documents for
specific parks and/or recreational facilities within Prosper’s park system.
Page 8 of 8
Item 11
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Exhibit BItem 11
Page 1 of 2
To: Mayor and Town Council
From: Paul Naughton, RLA, Landscape Architect
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – January 14, 2014
Agenda Item:
Consider and act upon appointing members to the Parks, Recreation and Open Space Master
Plan Advisory Committee.
Description of Agenda Item:
The Parks, Recreation and Open Space Master Plan Advisory Committee will assist Town staff
and Dunaway Associates, LP throughout the Parks, Recreation and Open Space Master Plan
update process. At the completion of the project, the Parks, Recreation and Open Space
Master Plan Advisory Committee, along with Town staff and Dunaway Associates, LP, will
present the updated Parks, Recreation and Open Space Master Plan to the Town Council.
Parks and Recreation Board Recommendation:
At the December 12, 2013, Parks and Recreation Board meeting, the Parks and Recreation
Board recommended the appointment of the following Parks and Recreation Board members to
the Parks, Recreation and Open Space Master Plan Advisory Committee:
Craig Andres
Barbara Cottone
Town Staff Recommendation:
Town staff recommends the Town Council appoint the following members to the Parks,
Recreation and Open Space Master Plan Advisory Committee:
Craig Andres
Jan Brown
Barbara Cottone
Jack Dixon
Bill Hays
Mike Kays
Johnny Warren
Rebekah Wikander
and a Town Council member representative
Prosper is a place where everyone matters.
PARKS &
RECREATION
Item 12
Page 2 of 2
Proposed Motion:
I move to appoint the following individuals to the Parks, Recreation and Open Space Master
Plan Advisory Committee:
Craig Andres, PARBd
Jan Brown
Barbara Cottone, PARBd
Jack Dixon
Bill Hays
Mike Kays
Johnny Warren
Rebekah Wikander
__________________, Town Council member
Item 12
To: Mayor and Town Council
From: Chris Copple, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – January 14, 2014
Agenda Item:
Consider and act upon a Resolution making a determination related to the creation of a
Neighborhood Empowerment Zone, creating Neighborhood Empowerment Zone No. 2, and
setting forth incentives authorized to be used by the Town.
History:
On November 10, 2009, the Town Council approved a Resolution creating Neighborhood
Empowerment Zone (NEZ) No. 1 in the downtown area, generally bounded by Coleman Street
to the east, First Street to the south, BNSF Railroad to the west, and Gorgeous Road to the
north. NEZ No. 1 created the following incentives to be used for non-residential development in
the downtown area:
1. The Town will waive seventy-five percent (75%) of permit and inspection fees.
2. The Town will waive seventy-five percent (75%) of water, wastewater, and roadway
impact fees.
3. The Town may refund up to sixty percent (60%) of municipal sales tax on sales made in
NEZ No. 1 resulting from new development or redevelopment.
4. The Town may abate up to one hundred percent (100%) of municipal property taxes on
property in NEZ No. 1 resulting from new development or redevelopment.
At the October 22, 2013 Town Council meeting, the Council directed Town staff to draft a
Resolution in order to create a new NEZ in the downtown area, east of Coleman Street, to
encourage non-residential and single family residential development.
Description of Agenda Item:
A neighborhood empowerment zone (NEZ) is an economic development tool that provides for
simple and flexible ways to implement a number of economic development incentives and
programs in a designated area of a municipality. Created by the state legislature in 1999
(Chapter 378 of the Local Government Code), NEZ’s have since been used by several
municipalities to increase economic development in their original downtown area. The Town
Council creates a NEZ by approving a resolution determining the creation of the zone will
promote an increase in economic development in the NEZ, finding that the creation of the NEZ
benefits and is for the public purpose of increasing public health, safety, and welfare of the
persons in the Town, and finding that the NEZ satisfies the requirements of Texas Tax Code
Section 312.202. The attached Resolution includes the required determination and findings to
create a NEZ.
Prosper is a place where everyone matters.
PLANNING
Item 13
Town staff has drafted the attached Resolution creating NEZ No. 2 in the downtown area,
generally bounded by Coleman Street to the west, First Street to the south, Craig Street to the
east, and Eighth Street to the north, as shown on Exhibit A. NEZ No. 2 creates the following
incentives to be used for non-residential development and single family residential development
in the downtown area:
1. The Town will waive seventy-five percent (75%) of permit and inspection fees.
2. The Town will waive seventy-five percent (75%) of water, wastewater, and roadway
impact fees.
3. The Town may refund up to sixty percent (60%) of municipal sales tax on sales made in
NEZ No. 2 resulting from new development or redevelopment.
4. The Town may abate up to one hundred percent (100%) of municipal property taxes on
property in NEZ No. 2 resulting from new development or redevelopment.
A written agreement must be entered with the Town for a taxpayer to receive any of the
authorized tax incentives. The written agreements shall be for a maximum of ten years. NEZ
No. 2 is created upon passage of the resolution and shall remain in effect for ten years. NEZ
No. 2 may be repeatedly renewed by the Town Council for up to ten additional years at a time.
Town staff has attached a report providing examples of how NEZ No. 2 affects the permit and
impact fees for non-residential and single family residential development.
Budget Impact:
There are no significant budget implications associated with the approval of this Resolution.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and
legality.
Attached Documents:
1. Resolution
2. Building Permit Fee Examples
Town Staff Recommendation:
Town staff recommends the Town Council approve a Resolution making a determination related
to the creation of a Neighborhood Empowerment Zone, creating Neighborhood Empowerment
Zone No. 2, and setting forth incentives authorized to be used by the Town.
Proposed Motion:
I move to approve a Resolution making a determination related to the creation of a
Neighborhood Empowerment Zone, creating Neighborhood Empowerment Zone No. 2, and
setting forth incentives authorized to be used by the Town.
Item 13
TOWN OF PROSPER, TEXAS RESOLUTION NO. 14-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, MAKING A DETERMINATION RELATED TO THE CREATION OF A
NEIGHBORHOOD EMPOWERMENT ZONE, CREATING A NEIGHBORHOOD
EMPOWERMENT ZONE, AND SETTING FORTH INCENTIVES AUTHORIZED
TO BE USED BY THE TOWN.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”) desires
to create a neighborhood empowerment zone as authorized by Chapter 378 of the Texas Local
Government Code;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
The recitals contained in the preamble of this Resolution are hereby found and declared
to be true and correct.
SECTION 2
The Town Council of the Town of Prosper, Texas, hereby determines that the creation of
a neighborhood empowerment zone in the area of the Town depicted on Exhibit A, attached
hereto and incorporated herein for all purposes, will promote an increase in economic
development in the zone.
SECTION 3
The Town Council hereby creates Neighborhood Empowerment Zone No. 2 in the area
of the Town depicted on the map attached as Exhibit B, and incorporated herein for all
purposes.
SECTION 4
The Town Council hereby finds that: (1) the creation of Neighborhood Empowerment
Zone No. 2 benefits and is for the public purpose of increasing the public health, safety and
welfare of the persons in the Town of Prosper; and (2) the creation of Neighborhood
Empowerment Zone No. 2 satisfies the requirements of Texas Tax Code Section 312.202.
SECTION 5
The Town Council hereby adopts the following incentives to be used by the Town for
any single family residential or non-residential development within Neighborhood Empowerment
Zone No. 2:
A. Fees.
1. The Town of Prosper will waive seventy-five percent (75%) of building permit fees,
building inspection fees, construction inspection fees, demolition permit fees, electrical
permit fees, plumbing permit fees, mechanical permits fees, certificate of occupancy
Item 13
Resolution No. 14-__, Page 2
fees and similar fees as determined by the Town. Fees for zoning applications, site
plans, plats, or any other applications that are not for the actual construction of buildings
are not eligible to be waived. The Town shall have sole discretion in determining
whether any particular fee is eligible for the waiver.
2. The Town of Prosper will waive seventy-five percent (75%) of water, wastewater, and
roadway impact fees.
B. Taxes.
1. The Town of Prosper may refund of up to sixty percent (60%) of municipal sales tax on
sales made in Neighborhood Empowerment Zone No. 2 resulting from new development
or redevelopment.
2. The Town of Prosper may abate up to one-hundred percent (100%) of municipal
property taxes on property in Neighborhood Empowerment Zone No. 2 resulting from
new development or redevelopment.
A written agreement must be entered with the Town of Prosper for a taxpayer to receive
any of the authorized tax incentives. The project/property for which tax incentives are sought
must be for the purpose of benefiting Neighborhood Empowerment Zone No. 2, as determined
by the Town Council. Written agreements shall be for a period of up to ten (10) years.
SECTION 6
This Resolution shall take effect immediately upon its passage and remain in effect for
ten (10) years. This Resolution may be repeatedly renewed by the Town Council for up to ten
(10) additional years at a time. The expiration of this Resolution shall not affect the validity or
term of any written agreement authorized to be entered by this Resolution that has a term
extending beyond the expiration date of this Resolution, if said written agreement was executed
by the parties while this Resolution is effective.
SECTION 7
This Resolution shall take effect immediately upon its passage.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 14TH DAY OF JANUARY, 2014.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
Item 13
Resolution No. 14-__, Page 3
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 13
E THIRD STCALLALILYLN LANESTFIELDSTE EIGHTH ST
W SEVENTH ST
W SIXTH ST
SPARVINSTW FIFTH ST
W BROADWAY ST E BROADWAY ST
BROOKVIEW CT
S T O N ECREEKDR
NMAIN STCREEKVIEWDR
SMAINSTE SECOND ST FIELD STSCHURCHSTE SEVENTH ST
W THIRD S T
E FIFTH ST NCRAIGRDW SECOND ST NCHURCHSTNORTH STN PARVIN STGORGEOUS RD
DRAGONFLY D R
SCRAIGRDE FIFTH ST
E SIXTH ST
SCOLEMANSTE FIRST STNCOLEMANSTWFIRST
S
T
Legend
NeighborhoodEmpowermentZone No. 2
Major RoadsMinor Roads
Parcels
Neighborhood Empowerment Zone No. 2 - Exhibit A
Source: Town of Prosper, Planning
Date: December 20, 2013
0 500 1,000250
Feet
1 inch = 500 feetO
Item 13
E THIRD STCALLALILYLN LANESTFIELDSTE EIGHTH ST
W SEVENTH ST
W SIXTH ST
SPARVINSTW FIFTH ST
W BROADWAY ST E BROADWAY ST
BROOKVIEW CT
S T O N ECREEKDR
NMAIN STCREEKVIEWDR
SMAINSTE SECOND ST FIELD STSCHURCHSTE SEVENTH ST
W THIRD S T
E FIFTH ST NCRAIGRDW SECOND ST NCHURCHSTNORTH STN PARVIN STGORGEOUS RD
DRAGONFLY D R
SCRAIGRDE FIFTH ST
E SIXTH ST
SCOLEMANSTE FIRST STNCOLEMANSTWFIRST
S
T
Legend
NeighborhoodEmpowermentZone No. 2
Major RoadsMinor Roads
Parcels
Neighborhood Empowerment Zone No. 2 - Exhibit B
Source: Town of Prosper, Planning
Date: December 20, 2013
0 500 1,000250
Feet
1 inch = 500 feetO
Item 13
BUILDING PERMIT FEES
The following are examples of the building permit fees collected in the Downtown Single Family District,
Downtown Office District, and Downtown Retail District. Also included are the fees if a 75% reduction to impact
and building permit fees is applied in the Neighborhood Empowerment Zone (NEZ). The NEZ does not apply to
meter/tap fees.
1. Downtown Single Family District: 1,500 square foot single family house (1,500 sf AC area, 2,271 sf total area)
Current fee schedule:
a. Building Permit – $1,678.25
b. Water Meter/Tap – $925.00 (1”)
c. Sewer Meter/Tap - $400.00 (4”)
d. Thoroughfare Impact Fee - $3,727.00
e. Water Impact Fee - $3,900.00
f. Sewer Impact Fee - $683.00
Total = $10,854.50
NEZ fee schedule:
a. Building Permit – $419.56
b. Water Meter/Tap – $925.00 (1”)
c. Sewer Meter/Tap - $400.00 (4”)
d. Thoroughfare Impact Fee - $931.75
e. Water Impact Fee - $975.00
f. Sewer Impact Fee - $170.75
Total fees after NEZ = $3,822.06
2. Downtown Office District: 4,000 square foot office building
Current fee schedule:
a. Building Permit – $3,520.00
b. Water Meter/Tap – $925.00 (1”)
c. Sewer Meter/Tap - $400.00 (4”)
d. Thoroughfare Impact Fee - $10,012.00
e. Water Impact Fee - $3,900.00
f. Sewer Impact Fee - $683.00
Total = $19,440.00
NEZ fee schedule:
a. Building Permit – $880.00
b. Water Meter/Tap – $925.00 (1”)
c. Sewer Meter/Tap - $400.00 (4”)
d. Thoroughfare Impact Fee - $2,503.00
e. Water Impact Fee - $975.00
f. Sewer Impact Fee - $170.75
Total fees after NEZ = $5,853.75
3. Downtown Retail District: 4,000 square foot retail building
Current fee schedule:
a. Building Permit – $3,520.00
b. Water Meter/Tap – $925.00 (1”)
c. Sewer Meter/Tap - $400.00 (4”)
d. Thoroughfare Impact Fee - $13,836.00
e. Water Impact Fee - $3,900.00
f. Sewer Impact Fee - $683.00
Total = $23,264.00
NEZ fee schedule:
a. Building Permit – $880.00
b. Water Meter/Tap – $925.00 (1”)
c. Sewer Meter/Tap - $400.00 (4”)
d. Thoroughfare Impact Fee - $3,459.00
e. Water Impact Fee - $975.00
f. Sewer Impact Fee - $170.75
Total fees after NEZ = $6,809.75
Item 13