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01.28.2014 Town Council Packet
Page 1 of 3 ] 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. Proclamation. Presentation of a Proclamation declaring February 7-14, 2014, as Congenital Heart Defect Awareness Week. 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 – January 14, 2014 5b. Receive the November 2013 financial report. (KA) 5c. Receive the December 2013 financial report. (KA) 5d. 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) 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 - AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, January 28, 2014 6:00 p.m. Page 2 of 3 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 awarding Bid No. 2014-29-B to Quality Excavation LTD., related to the construction services for the 2nd Upper Plane 30/24-Inch Treated Water Pipeline; and authorizing the Town Manager to execute same. (HW) 8. Consider and act upon an ordinance repealing and replacing Chapter 2 of the Code of Ordinances regarding Animal Control. (TE) 9. Update on threat analysis for Prosper ISD campuses. (GM) 10. Discussion on Collin County Discretionary Funding Call for Projects. (HW) 11. Discussion on street light standards for the Town’s thoroughfares and the Downtown Enhancements Project. (HW) 12. Discussion on Alcohol Permit Fees. (RB) 13. 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: 13a. Section 551.087. To discuss and consider economic development incentives. 13b. 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. 13c. Section 551.071. Consultation with Town Attorney regarding legal issues associated with proposed extraterritorial jurisdiction release, and all matters incident and related thereto. 14. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 15. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Update to Building Codes. (WS) Cement Truck Ordinance Discussion. (DK) 16. Adjourn. Page 3 of 3 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 24, 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. 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. Page 1 of 8 ] 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 Councilmember Michael Korbuly Councilmember Curry Vogelsang Councilmember Danny Wilson (arrived at 6:04 p.m.) Councilmember Jason Dixon 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 Paul Naughton, Landscape Architect Frank Jaromin, Public Works Director Kent Austin, Finance Director Doug Kowalski, Interim Police Chief Gary McHone, Assistant Police Chief 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor Jason McConnell of Prosper United Methodist Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3. Announcements of upcoming events. Mayor Pro-Tem Miller made the following announcements: BNSF closed Frontier Parkway today starting at approximately 10:00 a.m. and were scheduled to reopen at 4:00 p.m. Originally, the railroad had contacted Town staff late last Friday afternoon informing the Town of Prosper and City of Celina that Frontier Parkway at the railroad crossing would be closed on Monday starting at 7:00 a.m. Through Frank Jaromin’s efforts with the Town and Gabe Johnson with Celina, the proposed closure was delayed until today to allow the municipalities adequate time to notify the PISD, public safety and residents. Frank also coordinated with Celso to inform the public, and Michael Bulla placed the two Town message boards along Frontier MINUTES Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, January 14, 2014 Page 2 of 8 Parkway yesterday morning to let motorists know of the scheduled closing. Thanks to the fast actions of Town staff, the closure was delayed and proper notice was provided. The Friends of the Prosper Library are hosting “Bring Your Child to the Library Day” on Saturday, January 25 from 11:00 a.m. – 2:00 p.m. The Town of Prosper has received an upgrade to its credit rating from A to AA from Standard & Poor’s credit rating agency. The increased rating indicates strong management and sound financial practices. The Town Council would like to congratulate Town Manager Harlan Jefferson and Finance Director Kent Austin for their efforts in keeping the Town financially sound. The Town Council would like to welcome Doug Kowalski as our Interim Police Chief. Doug has over 30 years of law enforcement experience in the North Texas area, and we are excited that he has agreed to share his leadership and experience here in Prosper. 4. Presentations. Recognition of the Prosper Christmas Festival Committee and volunteers. (HW) Mayor Smith recognized several community members and staff volunteers who assisted with the Prosper Christmas Festival. 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 Ordinance No. 14-01 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 Ordinance No. 14-02 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 Page 3 of 8 Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. (CC) Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Wilson seconded the motion to approve all items on the Consent Agenda. The motion was approved by a vote of 7-0. 6. CITIZEN COMMENTS: (The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting.) Mayor Smith recognized the following individuals who requested to speak: Roger Flood, 2761 Meadow Ridge Drive, Prosper, spoke on behalf of the Friends of the Prosper Community Library regarding the upcoming “Bring Your Child to the Library Day” event to be held on January 25, and announced the results of the reading contest that took place over the recent holiday break. Local author Ken Smith and his daughter presented a copy of Mr. Smith’s book to Mayor Smith. Twila Weber, 5 Hickory Creek Drive, Prosper, spoke regarding the steep slope of Hickory Creek Drive, and voiced her concerns about access to the neighborhood, especially for emergency vehicles. Town Manager Harlan Jefferson stated that the Town will continue to have dialogue with TxDOT about lowering the slope of Hickory Creek Drive. 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.) DEPARTMENT ITEMS: 7. Consider and act upon authorizing the Town Manager to execute a sales tax consultant services agreement with MuniServices, LLC. (KA) Finance Director Kent Austin presented this item before the Town Council. The agreement will help the Town ensure that it receives all of the sales tax it is owed by recovering money owed, but not paid, to the Town, and also by providing monthly and quarterly reports to Town officials on sales tax activity by taxpayers. Mr. Austin answered questions from the Town Council regarding MuniServices’ method of Page 4 of 8 calculating fees and their method to determine the amount of sales tax owed. Brenda Anderson from MuniServices was present and answered questions regarding the company’s fees, and how the Town will be charged for their services. After discussion, Councilmember Wilson made a motion and Councilmember Vogelsang seconded the motion to approve authorizing the Town Manager to execute a sales tax consultant services agreement with MuniServices, LLC. The motion was approved by a vote of 7-0. 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) Finance Director Kent Austin presented this item before the Town Council. Currently, the Town relies on one full-time Municipal Court Administrator to perform all Court functions. Without any scheduled relief for the Court Administrator, the Court is closed each day from 12:30 p.m. to 1:30 p.m., as well as other times when the Court Administrator must be out of the office. The addition of a part-time Court Clerk would improve customer service, improve turnaround time for court transactions, and improve internal controls for cash management. Currently, the Prosper Community Library contracts with the City of Celina for part-time Librarian services. The current Librarian works 20 hours per week for the Town of Prosper. In order to continue to meet the criteria for accreditation, the Texas State Library requires the Town to have a Library Director employed for at least 30 hours per week. The addition of a full-time Library Director would allow the Prosper Community Library to implement new programs and prepare for future anticipated growth requirements for the Library. Mr. Austin explained the budget amendment that would fund the addition of a part-time Municipal Court Clerk and a full-time Library Director, and answered questions regarding employee benefits for the full-time Library Director. After discussion, Councilmember Korbuly made a motion and Mayor Pro-Tem Miller seconded the motion to approve Ordinance No. 14-03 amending the FY 2013-2014 budget to establish a part-time Municipal Court Clerk position and a full-time Library Director position. The motion was approved by a vote of 7-0. 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) Landscape Architect Paul Naughton presented this item before the Town Council. The Town received three bids for the project, which is an extension of the recently completed First Street and Coit Road Widening Project. Mr. Naughton reviewed the details of the base bid and the alternates that are recommended by Town staff. The total proposed budget for this project is $585,000. After discussion, Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Korbuly seconded the motion to award Bid No. 2014-17-B to Superscapes, Inc., related to the construction services for the First Street and Coit Road Landscape Improvements; Page 5 of 8 and authorize the Town Manager to execute same. The motion was approved by a vote of 7-0. 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) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. At the December 10, 2013, Town Council meeting, Town staff was directed 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 funds to pay for the project. The CIP amendment also reallocates cost savings from the First Street and Coit Road Widening Project to fund the First Street and Coit Road Landscape Improvements, which was previously approved at this meeting. Mr. Webb discussed the funding for both projects, and answered questions regarding electric and water utilities for the Frontier Park site. Upon approval, the Frontier Park project is estimated to be complete by the Spring of 2015. Town staff is researching potential deed restrictions for the property that would determine the plan for lighting at the site. After discussion, Councilmember Korbuly made a motion and Deputy Mayor Pro-Tem Dugger seconded the motion 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. The motion was approved by a vote of 7-0. 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) Landscape Architect Paul Naughton presented this item before the Town Council. An SOQ was submitted for professional services for the Parks, Recreation and Open Space Master Plan, and Dunaway Associates was selected to provide an inventory and needs assessment as well as an updated Master Plan. Philip Neely, Public Studio Leader with Dunaway Associates, was present and answered questions about the company’s methods for determining the Town’s current and future needs to be incorporated into the Master Plan. After discussion, Councilmember Wilson made a motion and Councilmember Korbuly seconded the motion 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. The motion was approved by a vote of 7-0. 12. Consider and act upon appointing members to the Parks, Recreation and Open Space Master Plan Advisory Committee. (PN) Page 6 of 8 Landscape Architect Paul Naughton presented this item before the Town Council. This committee will assist Town staff and Dunaway Associates throughout the Parks, Recreation and Open Space Master Plan update process, and upon completion of the project, will help present the Master Plan to the Town Council. After discussion, Councilmember Vogelsang made a motion and Deputy Mayor Pro-Tem Dugger seconded the motion to 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 Councilmember Michael Korbuly The motion was approved by a vote of 7-0. Following this item, Councilmember Wilson asked a question about the previous item awarding the bid to Superscapes. He asked whether the maintenance costs had been included in the bid award for the First Street and Coit Road Landscape Improvements. Mr. Webb responded that the Town contracts with a vendor for the maintenance of median landscaping, and the maintenance costs for this project will be included in the next bid award. 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) Development Services Director Chris Copple presented this item before the Town Council. At the October 22, 2013, Town Council meeting, Town staff was directed to pursue the creation of Neighborhood Empowerment Zone (NEZ) No. 2, which is located east of Coleman Road. Mr. Copple reviewed the stipulations and incentives that would be provided by NEZ No. 2, which would include a reduction in permit fees, inspection fees and impact fees, and could also include sales tax and/or property tax incentives. The incentives would apply to residential and non-residential new development and redevelopment within the boundaries of the NEZ. Mr. Copple answered questions from the Town Council regarding the process for repealing the NEZ, if needed, and the provisions for property tax abatement in NEZ No. 2. After discussion, Councilmember Vogelsang made a motion and Mayor Pro-Tem Miller seconded the motion to approve Resolution No. 14-04 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. The motion was approved by a vote of 7-0. Page 7 of 8 14. Discussion on the design of Fire Station No. 2. (RT) This item was removed from the agenda and no action was taken. The item will be discussed at the January 29, 2014, Town Council Strategic Planning Session. 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. The Town Council recessed into Executive Session at 7:21 p.m. Mayor Smith left the Executive Session at 9:15 p.m. 16. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Regular Session was reconvened at 9:23 p.m. No action was taken as a result of Executive Session. 17. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Missing Sidewalk Program. (HW) Mr. Webb reviewed three areas in the Town where sections of sidewalk are missing. Town staff recommended and the Town Council agreed that the sidewalks in the Gentle Creek area be added in the Spring of 2014, and the other missing sections be included in the budget for the following fiscal year. Naming of future thoroughfares. (CC) Mr. Copple provided the Town Council with a list of suggested names for thoroughfares in the Town. Some have not yet been built, but will need to be named for addressing and emergency response purposes. Town staff was directed to bring the item before Council again at a future meeting. Page 8 of 8 18. Adjourn. The meeting was adjourned at 9:33 p.m., on Tuesday, January 14, 2014. These minutes approved on the 28th day of January, 2014. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Prosper is a place where everyone matters. MONTHLY FINANCIAL REPORT NOVEMBER 2013 Prepared by Finance Department January 21, 2014 Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT NOVEMBER 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 Impact Fees Fund 7 Special Revenue Fund 8 Capital Projects Fund‐‐General 9 Capital Projects Fund‐‐Water/Sewer 10 Detail‐‐All Funds 11 Legend "Compare to" refers to percentage of fiscal year completed‐‐e.g. 16.67% = 2/12, or November. Parentheses around a number indicate credit amount or gain‐‐e.g., Sales Taxes (462,701). Red, yellow, and green traffic lights indicate status of number compared to percentage of fiscal year completed‐‐e.g., Sales Taxes 16.93 Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT NOVEMBER 2013 COMPARE TO:16.67% Currrent Current Current Year YTD Month Percent YTD Amended Budget Actual Actual % GENERAL FUND Property Taxes ‐Current (5,176,475) (314,210) (232,967) 6.07 Sales Taxes (2,732,400) (462,701) (219,874) 16.93 Franchise Fees (473,000) (28,903) (23,331) 6.11 Building Permits (1,554,300) (292,797) (129,876) 18.84 Fines (215,000) (33,625) (17,646) 15.64 Other (1,610,142) (313,544) (126,875) 19.47 Total Revenues (11,761,317) (1,445,780) (750,568) 12.29 10 Administration 1,844,468 341,884 184,941 18.54 20 Police 1,834,258 232,944 166,952 12.70 25 Dispatch Department 644,690 132,051 83,026 20.48 30 Fire/EMS 2,566,238 371,300 235,337 14.47 35 Fire Marshall 123,595 18,545 12,614 15.00 40 Streets 1,367,305 58,011 37,447 4.24 45 Public Library 98,041 8,406 7,490 8.57 60 Parks and Recreation 1,778,550 165,275 124,419 9.29 70 Municipal Court 257,028 24,426 16,578 9.50 80 Inspections 796,782 94,333 74,705 11.84 85 Code Enforcement 164,151 12,735 9,646 7.76 90 Planning 495,505 46,680 35,160 9.42 98 Engineering 487,149 47,948 36,946 9.84 Total Expenses 12,457,760 1,554,539 1,025,263 12.48 (Gain)/Loss 696,443 108,760 274,695 NOTES: [1] Administration expenses FYTD include $15,925 audit fees, $19,154 Appraisal (District) fees, $10,000 Contracted Services for Ion Wave electronic purchasing subscription, and $12,584 in Ch. 380 Program Grant Expense catch‐up payments to Precision Landscape and Denton County Fresh Water Supply District No. 10. [2]Dispatch Department expenses include Contracted Services expenses of $33,000 to Integrated Computer Systems for annual computer aided dispatch feeand $28,000 to DFW Communications for annual radio service agreement. 1 of 34 Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT NOVEMBER 2013 COMPARE TO:16.67% Currrent Current Current Year YTD Month Percent YTD Amended Budget Actual Actual % WATER‐SEWER FUND Water revenues (5,671,600) (895,164) (338,294) 15.78 Sewer revenues (2,397,850) (456,217) (221,107) 19.03 Sanitation revenues (906,000) (170,890) (83,073) 18.86 Total Revenues (8,975,450) (1,522,271) (642,474) 16.96 50 Water 6,436,590 541,700 289,306 8.42 55 Sewer 1,868,706 360,986 154,178 19.32 57 Utility Billing 972,042 102,086 90,280 10.50 Total Expenses 9,277,338 1,004,772 533,763 10.83 (Gain)/Loss 301,888 (517,499) (108,710) 2 of 34 Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT NOVEMBER 2013 COMPARE TO:16.67% Currrent Current Current Year YTD Month Percent YTD Amended Budget Actual Actual % INTEREST & SINKING FUND Property Taxes ‐Delinquent (30,000) (14,293) (777) 47.65 Property Taxes ‐Current (2,763,240) (186,690) (138,419) 6.76 Taxes ‐Penalties (18,000) (3,502) 163 19.45 Interest Income (12,000) (1,319) (683) 10.99 Total Revenues (2,823,240) (205,805) (139,716) 7.29 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 20,000 700 700 3.50 Total Expenses 2,821,380 700 700 ‐ (Gain)/Loss (1,860) (205,105) (139,016) 3 of 34 Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT NOVEMBER 2013 COMPARE TO:16.67% 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) (110) (52) 22.07 Transfer In (19,160) ‐ Total Revenue (49,660) (110) (52) 0.22 MERP H & D Expense ‐ GF 49,000 ‐ Total Expenses 49,000 ‐ ‐ ‐ (Gain)/Loss (660) (110) (52) 4 of 34 Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT NOVEMBER 2013 COMPARE TO:16.67% Currrent Current Current Year YTD Month Percent YTD Amended Budget Actual Actual % STORM DRAINAGE UTILITY FUND Storm Drainage Utility Fee (228,800) (39,820) (19,888) 17.40 Interest Storm Utility (1,600) (281) (129) 17.58 Total Revenue (230,400) (40,101) (20,018) 17.41 Personnel Expenses 42,649 7,142 4,248 16.75 Program Expenses 351,351 2,908 1,562 0.83 Total Expenses 394,000 10,050 5,809 2.55 (Gain)/Loss 163,600 (30,051) (14,209) 5 of 34 Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT NOVEMBER 2013 COMPARE TO:16.67% 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) (298) (180) 24.82 Interest‐Park Improvements (350) (129) (58) 36.76 Total Revenue (301,550) (427) (238) 0.14 Miscellaneous Expense 20 10 ‐ Professional Services‐Pk Imp 20,000 ‐ Capital Exp‐Pk Improvements 30,000 ‐ Capital Exp‐Pk Dedication 650,000 ‐ Total Expenses 700,000 20 10 0.00 (Gain)/Loss 398,450 (407) (228) 6 of 34 Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT NOVEMBER 2013 COMPARE TO:16.67% Currrent Current Current Year YTD Month Percent YTD Amended Budget Actual Actual % IMPACT FEES FUND [1] Impact Fees ‐Water (800,000) (413,149) (37,744) 51.64 Impact Fees ‐Sewer (700,000) (69,638) (27,155) 9.95 Thoroughfare Impact Fees (1,100,000) (180,457) (65,863) 16.41 West Thorfare Imp. Fees Rev (70,813) ‐ Interest‐Water Impact Fee (4,000) (646) (382) 16.15 Interest‐Sewer Impact Fee (4,000) (283) (165) 7.06 Interest‐Thorfare Imp Fee (12,000) (518) (317) 4.32 Interest‐West Thorfare imp fee (221) (148) ‐ Total Revenue (2,620,000) (735,724) (131,773) 28.08 [2] Professional Serv‐Water Imp Fe 1,220,000 40,059 40,059 3.28 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 40,059 40,059 2.18 (Gain)/Loss (785,000) (695,665) (91,715) NOTES: [1]Impact Fees‐Water revenue includes $200,000 for RaceTrac agreement 10/29/2013. [2] Professional Services‐‐Water Impact Fees include payments to Freese & Nichols for Upper Plan Water Line Design and Spiars Engineering for RaceTrac water line design. 7 of 34 Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT NOVEMBER 2013 COMPARE TO:16.67% Currrent Current Current Year YTD Month Percent YTD Amended Budget Actual Actual % SPECIAL REVENUE FUND Police Donation Inc (16,000) (1,935) (1,144) 12.09 Fire Dept‐Donation Inc (12,000) (2,605) (798) 21.71 Safety Fair Donations (2,000) ‐ Child Safety Inc (9,000) (3,532) (3,532) 39.24 Court Security Revenue (2,900) (743) (394) 25.62 Technology Fd Revenue (4,000) (993) (527) 24.82 Interest Income (862) (423) ‐ Country Xmas Donations (10,000) (10,150) (9,400) 101.50 Tree Mitigation Revenue (14,175) ‐ Cash Seizure Forfeit‐PD (500) (2,250) (2,250) 450.00 Total Revenue (56,400) (37,244) (18,467) 66.04 Country Xmas Expense 10,000 ‐ Court Technology Expense 12,200 7 7 0.06 Court Security Expense 2,500 136 136 5.44 Police Donation Exp 8,000 ‐ Fire Dept Donation Exp 8,000 607 332 7.59 Health & Safety Fair Exp 1,500 ‐ Child Safety Expense 1,000 ‐ Escrow Expense 15,500 ‐ Volunteer Per Diem Expense 165 165 ‐ Special Operations 500 ‐ Total Expenses 59,200 915 640 1.55 (Gain)/Loss 2,800 (36,329) (17,827) 8 of 34 Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT NOVEMBER 2013 COMPARE TO:16.67% Currrent Current Current Year YTD Month Percent YTD Amended Budget Actual Actual % CAPITAL PROJECTS‐‐GENERAL GOVERNMENTAL Interest‐2004 Bond (1,000) (340) (167) 33.99 Interest‐2006 Bond (1,000) (59) (28) 5.88 Interest 2008 Bond (1,000) (3,780) (1,606) 377.98 Interest‐2011 Refd Bond (70) ‐ Interest 2012 GO Bond (5,000) (2,028) (889) 40.57 Bond Proceeds (1,965,000) ‐ Total Revenue (1,973,070) (6,207) (2,690) 0.32 Salaries & Wages 92,820 13,256 10,190 14.28 Salaries ‐ Longevity 459 ‐ Salary ‐ Incentive 300 ‐ Social Security Expense 5,802 805 615 13.88 Medicare Expense 1,357 188 144 13.88 SUTA Expense 93 ‐ Health Insurance 5,400 284 284 5.25 Dental Insurance 360 24 24 6.71 Life Insurance/AD&D 114 11 8 10.03 Liability (TML) Workers' Comp 118 146 123.45 TMRS Expense 9,826 1,392 1,070 14.17 Long Term/Short Term Disabilit 173 ‐ WELLE‐Wellness Prog Reimb‐Empl 420 ‐ Professional Serv‐2006 Bond 6,589 6,589 ‐ Cell Phone Expense 113 113 ‐ Mileage Expense 1,657 1,657 ‐ Capital Expenditures‐2006 Bond 1,021 1,021 ‐ [1] Capital Expenditure 2008 Bond 980,493 980,493 ‐ Construction 4,662,758 ‐ Total Expenses 4,780,000 1,005,980 1,002,209 21.05 (Gain)/Loss 2,806,930 999,774 999,518 NOTES: [1] 2008 bond project expense includes $927,579 payment to Tiseo Paving for First and Coit project. 9 of 34 Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT NOVEMBER 2013 COMPARE TO:16.67% Currrent Current Current Year YTD Month Percent YTD Amended Budget Actual Actual % CAPITAL PROJECTS‐‐WATER/SEWER Interest Income (50,000) (6,763) (2,965) 13.53 Bond Proceeds (1,000,000) ‐ Total Revenue (1,050,000) (6,763) (2,965) 0.64 Construction 1,000,000 ‐ [1] Construction‐1202‐WA 72,000 72,000 ‐ Construction‐1203‐SW 147 ‐ Construction‐1203‐WA 239 ‐ Total Expenses 1,000,000 72,386 72,000 7.24 (Gain)/Loss 1,000,000 72,386 72,000 NOTES: [1] 2012 bond construction expense includes $72,000 payment to Cardinal Contractors for Custer Road pump station improvement project. 10 of 34 Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 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) (75,000) (1,250) 1.67 10‐4060‐10‐00 NSF Fees (50) (50) ‐ 10‐4061‐10‐00 Notary Fees (150) (150) (40) (35) 26.67 10‐4105‐10‐00 Property Taxes ‐Delinquent (45,000) (45,000) (22,612) (1,217) 50.25 10‐4110‐10‐00 Property Taxes ‐Current (5,176,475) (5,176,475) (314,210) (232,967) 6.07 10‐4115‐10‐00 Taxes ‐Penalties (20,000) (20,000) (5,901) 25 29.51 10‐4120‐10‐00 Sales Taxes (2,732,400) (2,732,400) (462,701) (219,874) 16.93 10‐4130‐10‐00 Sales Tax‐Mixed Beverage (4,500) (4,500) ‐ 10‐4140‐10‐00 Franchise Taxes ‐ Electric (270,000) (270,000) ‐ 10‐4150‐10‐00 Franchise Taxes ‐ Telephone (100,000) (100,000) (23,387) (23,331) 23.39 10‐4160‐10‐00 Franchise Taxes ‐ Gas (80,000) (80,000) ‐ 10‐4170‐10‐00 Franchise Taxes ‐ Road Usage (3,500) (3,500) (567) 16.19 10‐4190‐10‐00 Franchise Fee‐Cable (19,500) (19,500) (4,950) 25.38 10‐4200‐10‐00 T‐Mobile Fees (20,700) (20,700) (3,450) (1,725) 16.67 10‐4201‐10‐00 Tierone Converged Network (30,000) (30,000) (3,000) (1,500) 10.00 10‐4202‐10‐00 NTTA Tag Sales (150) (150) ‐ 10‐4205‐10‐00 Internet America (18,000) (18,000) (3,000) (1,500) 16.67 10‐4218‐10‐00 Administrative Fees‐EDC (2,400) (2,400) (400) (200) 16.67 10‐4610‐10‐00 Interest Income (60,000) (60,000) (4,808) (2,229) 8.01 10‐4910‐10‐00 Other Revenue (20,000) (20,000) (6,825) 34.12 10‐4995‐10‐00 Transfer In (801,700) (801,700) (133,617) (66,808) 16.67 Subtotal object ‐ 0 (9,479,525) (9,479,525) (990,717) (551,361) 10.45 Program number: (9,479,525) (9,479,525) (990,717) (551,361) 10.45 Department number: 10 Administration (9,479,525) (9,479,525) (990,717) (551,361) 10.45 10‐4230‐20‐00 Other Permits (125) (50) ‐ 10‐4440‐20‐00 Accident Reports (1,500) (1,500) (135) (68) 9.00 10‐4450‐20‐00 Alarm Fee (39,000) (39,000) (5,605) (2,653) 14.37 Subtotal object ‐ 0 (40,500) (40,500) (5,865) (2,771) 14.48 Program number: (40,500) (40,500) (5,865) (2,771) 14.48 Department number: 20 Police (40,500) (40,500) (5,865) (2,771) 14.48 10‐4310‐30‐00 Charges for Services (177,000) (177,000) (8,628) (2,367) 4.88 10‐4510‐30‐00 Grants (3,772) (3,772) ‐ Subtotal object ‐ 0 (177,000) (177,000) (12,400) (6,139) 7.01 Program number: (177,000) (177,000) (12,400) (6,139) 7.01 Department number: 30 Fire/EMS (177,000) (177,000) (12,400) (6,139) 7.01 10‐4315‐35‐00 Fire Review/Inspect Fees (11,000) (11,000) (1,425) (225) 12.96 Subtotal object ‐ 0 (11,000) (11,000) (1,425) (225) 12.96 Program number: (11,000) (11,000) (1,425) (225) 12.96 Department number: 35 Fire Marshall (11,000) (11,000) (1,425) (225) 12.96 10‐4510‐45‐00 Grants (18,087) (18,087) ‐ 10‐4910‐45‐00 Other Revenue (125) (125) ‐ Subtotal object ‐ 0 (18,212) (18,212) ‐ 11 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 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) (18,212) ‐ Department number: 45 Public Library (18,212) (18,212) ‐ 10‐4056‐60‐00 Field Rental Fees (17,000) (17,000) (2,894) 17.02 10‐4057‐60‐00 Pavilion User Fees (1,400) (1,400) (320) (70) 22.86 10‐4910‐60‐00 Other Revenue (15,250) (15,250) ‐ Subtotal object ‐ 0 (33,650) (33,650) (3,214) (70) 9.55 Program number: (33,650) (33,650) (3,214) (70) 9.55 Department number: 60 Parks and Recreation (33,650) (33,650) (3,214) (70) 9.55 10‐4030‐70‐00 Miscellaneous (248) ‐ 10‐4410‐70‐00 Fines (215,000) (215,000) (33,625) (17,646) 15.64 10‐4610‐70‐00 Interest Income (130) (130) (63) (34) 48.56 Subtotal object ‐ 0 (215,130) (215,130) (33,936) (17,680) 15.78 Program number: (215,130) (215,130) (33,936) (17,680) 15.78 Department number: 70 Municipal Court (215,130) (215,130) (33,936) (17,680) 15.78 10‐4011‐80‐00 Permit Application Fee (42,550) ‐ 10‐4017‐80‐00 Registration Fee (32,000) (32,000) (2,600) (900) 8.13 10‐4210‐80‐00 Building Permits (1,554,300) (1,554,300) (292,797) (129,876) 18.84 10‐4230‐80‐00 Other Permits (100,000) (100,000) (16,765) (8,665) 16.77 10‐4240‐80‐00 Plumb/Elect/Mech Permits (15,000) (15,000) (3,180) (1,440) 21.20 10‐4242‐80‐00 Re‐inspection Fees (15,000) (15,000) (3,355) (900) 22.37 10‐4910‐80‐00 Other Revenue (3,000) (3,000) (550) (400) 18.33 Subtotal object ‐ 0 (1,719,300) (1,719,300) (361,796) (142,181) 21.04 Program number: (1,719,300) (1,719,300) (361,796) (142,181) 21.04 Department number: 80 Inspections (1,719,300) (1,719,300) (361,796) (142,181) 21.04 10‐4245‐85‐00 Health Inspections (7,000) (7,000) (2,450) (650) 35.00 10‐4910‐85‐00 Other Revenue (650) (150) ‐ Subtotal object ‐ 0 (7,000) (7,000) (3,100) (800) 44.29 Program number: (7,000) (7,000) (3,100) (800) 44.29 Department number: 85 Code Enforcement (7,000) (7,000) (3,100) (800) 44.29 10‐4220‐90‐00 Zoning Permits (10,000) (10,000) (26,622) (26,622) 266.22 10‐4225‐90‐00 Plat Fees (50,000) (50,000) (6,085) (2,620) 12.17 10‐4910‐90‐00 Other Revenue (620) (100) ‐ Subtotal object ‐ 0 (60,000) (60,000) (33,327) (29,342) 55.54 Program number: (60,000) (60,000) (33,327) (29,342) 55.54 Department number: 90 Planning (60,000) (60,000) (33,327) (29,342) 55.54 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (11,761,317) (11,761,317) (1,445,780) (750,568) 12.29 10‐5110‐10‐00 Salaries & Wages 766,763 766,763 108,506 84,581 14.15 10‐5115‐10‐00 Salaries ‐ Overtime 6,031 6,031 36 36 0.60 10‐5126‐10‐00 Salaries‐Vacation Buy‐Out 3,077 3,077 ‐ 10‐5140‐10‐00 Salaries ‐ Longevity Pay 1,338 1,338 420 420 31.39 10‐5141‐10‐00 Salaries ‐ Incentive 24,343 24,343 ‐ 10‐5142‐10‐00 Car Allowance 900 692 ‐ 12 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 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 49,505 4,866 3,822 9.83 10‐5150‐10‐00 Medicare Expense 11,578 11,578 1,566 1,233 13.52 10‐5155‐10‐00 SUTA Expense 798 798 ‐ 10‐5160‐10‐00 Health Insurance 49,119 49,119 5,557 3,965 11.31 10‐5165‐10‐00 Dental Insurance 3,275 3,275 258 193 7.89 10‐5170‐10‐00 Life Insurance/AD&D 777 777 118 84 15.23 10‐5175‐10‐00 Liability (TML) Workers' Comp 1,010 1,010 2,656 262.92 10‐5176‐10‐00 TML Prop. & Liab. Insurance 100,000 100,000 76,310 76.31 10‐5180‐10‐00 TMRS Expense 83,840 83,840 11,864 9,328 14.15 10‐5185‐10‐00 Long Term/Short Term Disabilit 1,072 1,072 224 224 20.87 10‐5186‐10‐00 WELLE‐Wellness Prog Reimb Empl 3,780 3,780 51 35 1.34 10‐5190‐10‐00 Contract Labor 35,000 35,000 1,148 680 3.28 10‐5191‐10‐00 Hiring Cost 15,000 15,000 430 430 2.87 10‐5193‐10‐00 Records Retention 1,000 1,000 198 198 19.83 10‐5210‐10‐00 Office Supplies 5,000 5,000 1,127 856 22.53 10‐5212‐10‐00 Building Supplies 1,500 1,500 260 172 17.37 10‐5230‐10‐00 Dues,Fees,& Subscriptions 10,000 10,000 1,894 556 18.94 10‐5240‐10‐00 Postage and Delivery 3,000 3,000 ‐ 10‐5250‐10‐00 Publications 500 500 191 191 38.18 10‐5260‐10‐00 Advertising 300 300 ‐ 10‐5265‐10‐00 Promotional Expense 29 29 ‐ 10‐5270‐10‐00 Bank Charges 200 200 30 30 15.00 10‐5280‐10‐00 Printing and Reproduction 2,000 2,000 968 858 48.41 10‐5290‐10‐00 Miscellaneous Expense 58 58 ‐ 10‐5305‐10‐00 Chapt 380 Program Grant Exp 10,000 10,000 ‐ 10‐5310‐10‐00 Rental Expense 58,782 58,782 350 175 0.60 10‐5330‐10‐00 Copier Expense 27,000 27,000 3,420 1,710 12.67 10‐5340‐10‐00 Building Repairs 2,500 2,500 ‐ 10‐5410‐10‐00 Professional Services 45,000 45,000 9,030 6,030 20.07 10‐5412‐10‐00 Audit Fees 40,000 40,000 15,925 15,925 39.81 10‐5414‐10‐00 Appraisal / Tax Fees 53,000 53,000 13,185 13,185 24.88 10‐5418‐10‐00 IT Fees 135,000 135,000 19,279 9,735 14.28 10‐5419‐10‐00 IT Licenses 10,000 10,000 2,845 125 28.45 10‐5430‐10‐00 Legal Fees 40,000 40,000 5,929 5,777 14.82 10‐5435‐10‐00 Legal Notices/Filings 8,500 8,500 1,044 603 12.28 10‐5460‐10‐00 Election Expense 15,000 15,000 124 62 0.83 10‐5480‐10‐00 Contracted Services 18,000 18,000 14,848 4,826 82.49 10‐5520‐10‐00 Telephones 18,000 18,000 11,916 4,854 66.20 10‐5521‐10‐00 Cell Phone Expense 6,000 6,000 622 622 10.37 10‐5524‐10‐00 Gas‐Building 500 500 75 75 15.04 10‐5525‐10‐00 Electricity 10,000 10,000 931 931 9.32 10‐5526‐10‐00 Data Network 15,000 15,000 5,614 2,777 37.43 13 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5530‐10‐00 Travel/Lodging/Meals Expense 8,000 8,000 2,772 2,177 34.65 10‐5532‐10‐00 Entertainment 750 750 ‐ 10‐5533‐10‐00 Mileage Expense 5,000 5,000 314 314 6.28 10‐5536‐10‐00 Training/Seminars 40,000 40,000 5,490 1,145 13.73 10‐5538‐10‐00 Council/Public Official Expens 20,000 20,000 5,246 2,141 26.23 10‐5600‐10‐00 Special Events 38,000 38,000 181 0.48 10‐7000‐10‐00 Contingency 26,707 26,707 ‐ 10‐7143‐10‐00 Transfer to Internal Serv. Fd 17,000 17,000 ‐ Subtotal object ‐ 0 1,844,468 1,844,468 341,884 184,941 18.54 Program number: 1,844,468 1,844,468 341,884 184,941 18.54 Department number: 10 Administration 1,844,468 1,844,468 341,884 184,941 18.54 10‐5110‐20‐00 Salaries & Wages 966,557 966,557 126,553 97,343 13.09 10‐5115‐20‐00 Salaries ‐ Overtime 35,000 35,000 5,725 4,626 16.36 10‐5126‐20‐00 Salaries‐Vacation Buy‐Out 3,138 3,138 ‐ 10‐5127‐20‐00 Salaries‐Certification Pay 11,800 11,800 1,962 1,509 16.63 10‐5140‐20‐00 Salaries ‐ Longevity Pay 5,690 5,690 4,555 4,555 80.05 10‐5145‐20‐00 Social Security Expense 63,026 63,026 8,559 6,732 13.58 10‐5150‐20‐00 Medicare Expense 14,740 14,740 2,002 1,574 13.58 10‐5155‐20‐00 SUTA Expense 1,017 1,017 ‐ 10‐5160‐20‐00 Health Insurance 86,971 86,971 7,643 4,650 8.79 10‐5165‐20‐00 Dental Insurance 5,798 5,798 490 338 8.45 10‐5170‐20‐00 Life Insurance/AD&D 798 798 523 361 65.53 10‐5175‐20‐00 Liability (TML) Workers' Comp 1,286 1,286 22,272 ####### 10‐5180‐20‐00 TMRS Expense 106,737 106,737 14,930 11,691 13.99 10‐5185‐20‐00 Long Term/Short Term Disabilit 933 933 337 337 36.13 10‐5186‐20‐00 WELLE‐Wellness Prog Reimb Empl 6,720 6,720 254 175 3.78 10‐5190‐20‐00 Contract Labor 6,000 6,000 860 480 14.33 10‐5191‐20‐00 Hiring Cost 900 900 ‐ 10‐5192‐20‐00 Physical & Psychological 825 825 ‐ 10‐5210‐20‐00 Office Supplies 10,500 10,500 89 0.85 10‐5212‐20‐00 Building Supplies 2,500 2,500 ‐ 10‐5214‐20‐00 Tactical Supplies 37,190 37,190 ‐ 10‐5215‐20‐00 Ammunition 6,000 6,000 808 13.46 10‐5220‐20‐00 Office Equipment 1,400 1,400 ‐ 10‐5230‐20‐00 Dues,Fees,& Subscriptions 7,000 7,000 990 838 14.14 10‐5240‐20‐00 Postage and Delivery 750 750 11 11 1.49 10‐5250‐20‐00 Publications 500 500 ‐ 10‐5260‐20‐00 Advertising 250 250 ‐ 10‐5265‐20‐00 Promotional Expense 2,250 2,250 ‐ 10‐5280‐20‐00 Printing and Reproduction 500 500 ‐ 10‐5310‐20‐00 Rental Expense 3,000 3,000 620 620 20.66 10‐5320‐20‐00 Repairs & Maintenance 750 750 ‐ 14 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5330‐20‐00 Copier Expense 445 ‐ 10‐5335‐20‐00 Radio/Video Repairs 2,000 2,000 ‐ 10‐5340‐20‐00 Building Repairs 1,000 1,000 215 215 21.50 10‐5350‐20‐00 Vehicle Expense 60,000 60,000 2,209 1,065 3.68 10‐5352‐20‐00 Fuel 80,000 80,000 3,424 3,424 4.28 10‐5353‐20‐00 Oil/Grease/Inspections 2,150 2,150 22 22 1.02 10‐5400‐20‐00 Uniform Expense 16,500 16,500 1,708 1,708 10.35 10‐5410‐20‐00 Professional Services 760 760 ‐ 10‐5415‐20‐00 Tuition Reimbursement 12,000 12,000 ‐ 10‐5418‐20‐00 IT Fees 3,950 3,950 ‐ 10‐5419‐20‐00 IT Licenses 3,000 3,000 ‐ 10‐5430‐20‐00 Legal Fees 10,000 10,000 312 312 3.13 10‐5480‐20‐00 Contracted Services 20,000 20,000 4,949 4,928 24.75 10‐5520‐20‐00 Telephones 8,000 8,000 1,632 816 20.40 10‐5521‐20‐00 Cell Phone Expense 5,000 5,000 702 702 14.04 10‐5525‐20‐00 Electricity 10,000 10,000 1,757 1,757 17.57 10‐5526‐20‐00 Data Network 13,760 13,760 1,102 532 8.01 10‐5530‐20‐00 Travel/Lodging/Meals Expense 5,000 5,000 2,943 3,388 58.85 10‐5533‐20‐00 Mileage Expense 2,500 2,500 ‐ 10‐5536‐20‐00 Training/Seminars 26,500 26,500 1,075 1,075 4.06 10‐5600‐20‐00 Special Events 10,500 10,500 120 20 1.14 10‐5630‐20‐00 Safety Equipment 18,750 18,750 ‐ 10‐5640‐20‐00 Signs & Hardware 500 500 ‐ 10‐6160‐20‐00 Capital Expenditure ‐ Vehicles 135,000 135,000 8,010 8,010 5.93 Subtotal object ‐ 0 1,834,258 1,834,258 232,944 166,952 12.70 Program number: 1,834,258 1,834,258 232,944 166,952 12.70 Department number: 20 Police 1,834,258 1,834,258 232,944 166,952 12.70 10‐5110‐25‐00 Salaries & Wages 312,860 312,860 39,077 30,179 12.49 10‐5115‐25‐00 Salaries ‐ Overtime 15,000 15,000 2,588 1,779 17.25 10‐5127‐25‐00 Salaries‐Certification Pay 7,000 7,000 1,010 794 14.43 10‐5140‐25‐00 Salaries ‐ Longevity Pay 1,507 1,507 635 635 42.14 10‐5145‐25‐00 Social Security Expense 20,855 20,855 2,544 1,972 12.20 10‐5150‐25‐00 Medicare Expense 4,877 4,877 595 461 12.20 10‐5155‐25‐00 SUTA Expense 336 336 ‐ 10‐5160‐25‐00 Health Insurance 37,800 37,800 3,521 2,310 9.32 10‐5165‐25‐00 Dental Insurance 2,520 2,520 187 133 7.42 10‐5170‐25‐00 Life Insurance 416 416 61 43 14.68 10‐5175‐25‐00 Liability (TML) Workers' Comp 426 426 642 150.82 10‐5180‐25‐00 TMRS Expense 34,483 34,483 4,156 3,254 12.05 10‐5185‐25‐00 Long Term/Short Term Disabilit 350 350 98 98 28.11 10‐5186‐25‐00 WELLE‐Wellness Prog Reimb Empl 3,360 3,360 152 105 4.53 10‐5191‐25‐00 Hiring Cost 300 300 301 301 100.34 15 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 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 300 300 150 150 50.00 10‐5210‐25‐00 Supplies 3,000 3,000 470 470 15.67 10‐5212‐25‐00 Building Supplies 1,500 1,500 ‐ 10‐5220‐25‐00 Office Equipment 2,440 2,440 49 29 2.02 10‐5230‐25‐00 Dues,Fees,& Subscriptions 2,000 2,000 177 118 8.85 10‐5240‐25‐00 Postage and Delivery 100 100 ‐ 10‐5250‐25‐00 Publications 100 100 ‐ 10‐5280‐25‐00 Printing and Reproduction 100 100 ‐ 10‐5320‐25‐00 Repairs & Maintenance 500 500 ‐ 10‐5340‐25‐00 Building Repairs 750 750 ‐ 10‐5400‐25‐00 Uniform Expense 1,710 1,710 ‐ 10‐5415‐25‐00 Tuition Reimbursement 6,000 6,000 ‐ 10‐5418‐25‐00 IT Fees 4,500 4,500 323 7.17 10‐5419‐25‐00 IT Licenses 5,000 5,000 ‐ 10‐5430‐25‐00 Legal Fees 2,450 2,450 ‐ 10‐5480‐25‐00 Contracted Services 155,000 155,000 71,984 37,984 46.44 10‐5520‐25‐00 Telephones 2,500 2,500 287 144 11.49 10‐5521‐25‐00 Cell Phone Expense 700 700 74 74 10.54 10‐5524‐25‐00 Gas‐Building 400 400 75 75 18.64 10‐5526‐25‐00 Data Network 4,600 4,600 716 358 15.57 10‐5530‐25‐00 Travel/Lodging/Meals Expense 1,950 1,950 583 29.90 10‐5533‐25‐00 Mileage Expense 1,000 1,000 375 339 37.49 10‐5536‐25‐00 Training/Seminars 5,000 5,000 1,222 1,222 24.44 10‐5600‐25‐00 Special Events 1,000 1,000 ‐ Subtotal object ‐ 0 644,690 644,690 132,051 83,026 20.48 Program number: 644,690 644,690 132,051 83,026 20.48 Department number: 25 Dispatch Department 644,690 644,690 132,051 83,026 20.48 10‐5110‐30‐00 Salaries & Wages 1,438,167 1,438,167 193,427 147,625 13.45 10‐5115‐30‐00 Salaries ‐ Overtime 230,000 230,000 29,057 17,832 12.63 10‐5127‐30‐00 Salaries‐Certification Pay 16,000 16,000 2,196 1,689 13.73 10‐5140‐30‐00 Salaries ‐ Longevity Pay 12,606 12,606 7,555 7,555 59.93 10‐5145‐30‐00 Social Security Expense 105,200 105,200 13,860 10,471 13.18 10‐5150‐30‐00 Medicare Expense 24,603 24,603 3,242 2,449 13.18 10‐5155‐30‐00 SUTA Expense 1,697 1,697 ‐ 10‐5160‐30‐00 Health Insurance 146,880 146,880 11,912 7,546 8.11 10‐5165‐30‐00 Dental Insurance 9,792 9,792 700 483 7.15 10‐5170‐30‐00 Life Insurance/AD&D 12,489 12,489 762 525 6.10 10‐5171‐30‐00 Life Insurance‐Supplemental 7,921 ‐ 10‐5175‐30‐00 Liability (TML) Workers Comp 2,147 2,147 26,555 ####### 10‐5180‐30‐00 TMRS Expense 158,365 158,365 23,459 17,757 14.81 10‐5185‐30‐00 Long Term/Short Term Disabilit 2,502 2,502 488 488 19.52 10‐5186‐30‐00 WELLE‐Wellness Prog Reimb Empl 8,400 8,400 812 560 9.67 16 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5191‐30‐00 Hiring Cost 1,000 1,000 ‐ 10‐5194‐30‐00 FD Annual Phy & Screening 16,000 16,000 752 752 4.70 10‐5210‐30‐00 Office Supplies 4,848 4,848 185 185 3.81 10‐5212‐30‐00 Building Supplies 4,000 4,000 1,906 1,906 47.64 10‐5230‐30‐00 Dues,Fees,& Subscriptions 3,500 3,500 2,720 765 77.71 10‐5240‐30‐00 Postage and Delivery 250 250 81 81 32.25 10‐5250‐30‐00 Publications 350 350 ‐ 10‐5280‐30‐00 Printing and Reproduction 500 500 256 51.20 10‐5320‐30‐00 Repairs & Maintenance 6,500 6,500 1,074 981 16.52 10‐5335‐30‐00 Radio/Video Repairs 20,000 20,000 ‐ 10‐5340‐30‐00 Building Repairs 20,000 20,000 440 325 2.20 10‐5350‐30‐00 Vehicle Expense 35,000 35,000 5,814 1,833 16.61 10‐5352‐30‐00 Fuel 35,000 35,000 1,744 1,744 4.98 10‐5400‐30‐00 Uniform Expense 21,000 21,000 ‐ 10‐5410‐30‐00 Professional Services 10,500 10,500 ‐ 10‐5418‐30‐00 IT Fees 7,500 7,500 ‐ 10‐5440‐30‐00 EMS 74,000 74,000 12,325 2,167 16.66 10‐5480‐30‐00 Contracted Services 10,000 10,000 120 60 1.20 10‐5520‐30‐00 Telephones 12,500 12,500 8,603 3,417 68.83 10‐5521‐30‐00 Cell Phone Expense 8,000 8,000 899 899 11.24 10‐5524‐30‐00 Gas ‐ Building 7,000 7,000 237 113 3.39 10‐5525‐30‐00 Electricity 22,000 22,000 3,150 1,389 14.32 10‐5526‐30‐00 Data Network 12,442 12,442 3,772 1,886 30.31 10‐5530‐30‐00 Travel/Lodging/Meals Expense 3,000 3,000 656 656 21.87 10‐5533‐30‐00 Mileage Expense 1,500 1,500 ‐ 10‐5536‐30‐00 Training/Seminars 18,000 18,000 3,975 1,000 22.08 10‐5610‐30‐00 Fire Fighting Equipment 18,000 18,000 448 2.49 10‐5630‐30‐00 Safety Equipment 25,000 25,000 197 197 0.79 Subtotal object ‐ 0 2,566,238 2,566,238 371,300 235,337 14.47 Program number: 2,566,238 2,566,238 371,300 235,337 14.47 Department number: 30 Fire/EMS 2,566,238 2,566,238 371,300 235,337 14.47 10‐5110‐35‐00 Salaries & Wages 82,318 82,318 12,106 9,312 14.71 10‐5140‐35‐00 Salaries ‐ Longevity Pay 752 752 570 570 75.80 10‐5145‐35‐00 Social Security Expense 5,150 5,150 705 557 13.68 10‐5150‐35‐00 Medicare Expense 1,205 1,205 165 130 13.67 10‐5155‐35‐00 SUTA Expense 83 83 ‐ 10‐5160‐35‐00 Health Insurance 5,400 5,400 794 548 14.71 10‐5165‐35‐00 Dental Insurance 360 360 35 24 9.72 10‐5170‐35‐00 Life Insurance/AD&D 114 114 38 26 33.40 10‐5175‐35‐00 Liability (TML) Workers' Comp 105 105 1,328 ####### 10‐5180‐35‐00 TMRS Expense 8,722 8,722 1,331 1,038 15.26 10‐5185‐35‐00 Long Term/Short Term Disabilit 153 153 32 32 21.10 17 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5186‐35‐00 WELLE‐Wellness Prog Reimb Empl 420 420 ‐ 10‐5193‐35‐00 Records Retention 250 250 ‐ 10‐5194‐35‐00 FD Annual Phy & Screening 650 650 ‐ 10‐5210‐35‐00 Supplies 300 300 ‐ 10‐5230‐35‐00 Dues,Fees,& Subscriptions 600 600 ‐ 10‐5240‐35‐00 Postage and Delivery 60 60 ‐ 10‐5250‐35‐00 Publications 550 550 ‐ 10‐5280‐35‐00 Printing and Reproduction 500 500 ‐ 10‐5350‐35‐00 Vehicle Expense 1,953 1,953 ‐ 10‐5352‐35‐00 Fuel 2,000 2,000 119 119 5.95 10‐5353‐35‐00 Oil/Grease/Inspections 500 500 ‐ 10‐5400‐35‐00 Uniform Expense 1,050 1,050 ‐ 10‐5418‐35‐00 IT Fees 200 200 ‐ 10‐5430‐35‐00 Legal Fees 2,000 2,000 ‐ 10‐5520‐35‐00 Telephones 900 900 ‐ 10‐5521‐35‐00 Cell Phone Expense 1,200 1,200 173 173 14.40 10‐5530‐35‐00 Travel/Lodging/Meals Expense 500 500 850 170.00 10‐5536‐35‐00 Training/Seminars 3,200 3,200 300 85 9.38 10‐5620‐35‐00 Tools & Equipment 150 150 ‐ 10‐5630‐35‐00 Safety Equipment 1,000 1,000 ‐ 10‐5640‐35‐00 Signs & Hardware 1,250 1,250 ‐ Subtotal object ‐ 0 123,595 123,595 18,545 12,614 15.01 Program number: 123,595 123,595 18,545 12,614 15.01 Department number: 35 Fire Marshall 123,595 123,595 18,545 12,614 15.01 10‐5110‐40‐00 Salaries & Wages 93,646 93,646 13,772 10,594 14.71 10‐5115‐40‐00 Salaries ‐ Overtime 4,000 4,000 385 260 9.62 10‐5140‐40‐00 Salaries ‐ Longevity Pay 1,237 1,237 1,000 1,000 80.84 10‐5145‐40‐00 Social Security Expense 6,131 6,131 927 726 15.12 10‐5150‐40‐00 Medicare Expense 1,434 1,434 217 170 15.12 10‐5155‐40‐00 SUTA Expense 99 99 ‐ 10‐5160‐40‐00 Health Insurance 10,800 10,800 979 598 9.07 10‐5165‐40‐00 Dental Insurance 720 720 70 48 9.72 10‐5170‐40‐00 Life Insurance/AD&D 196 196 23 16 11.66 10‐5175‐40‐00 Liability (TML) Workers Comp 125 125 4,540 ####### 10‐5180‐40‐00 TMRS Expense 10,383 10,383 1,602 1,252 15.43 10‐5185‐40‐00 Long Term/Short Term Disabilit 174 174 34 34 19.35 10‐5186‐40‐00 WELLE‐Wellness Prog Reimb Empl 840 840 102 70 12.08 10‐5191‐40‐00 Hiring Cost 50 50 ‐ 10‐5210‐40‐00 Office Supplies 600 600 ‐ 10‐5230‐40‐00 Dues,Fees,& Subscriptions 200 200 ‐ 10‐5250‐40‐00 Publications 50 50 ‐ 10‐5310‐40‐00 Rental Expense 10,000 10,000 3,200 3,200 32.00 18 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5320‐40‐00 Repairs & Maintenance 4,000 4,000 ‐ 10‐5321‐40‐00 Signal Light Repairs 7,400 7,400 ‐ 10‐5340‐40‐00 Building Repairs 2,500 2,500 ‐ 10‐5350‐40‐00 Vehicle Expense 5,500 5,500 4,170 1,298 75.81 10‐5352‐40‐00 Fuel 9,300 9,300 109 109 1.17 10‐5353‐40‐00 Oil/Grease/Inspections 800 800 ‐ 10‐5400‐40‐00 Uniform Expense 3,500 3,500 737 477 21.06 10‐5410‐40‐00 Professional Services 8,000 8,000 ‐ 10‐5480‐40‐00 Contracted Services 910,720 910,720 ‐ 10‐5520‐40‐00 Telephones 300 300 ‐ 10‐5521‐40‐00 Cell Phone Expense 1,000 1,000 179 179 17.91 10‐5525‐40‐00 Electricity 100,000 100,000 20,700 15,431 20.70 10‐5530‐40‐00 Travel/Lodging/Meals Expense 800 800 ‐ 10‐5536‐40‐00 Training/Seminars 800 800 ‐ 10‐5620‐40‐00 Tools & Equipment 3,000 3,000 ‐ 10‐5630‐40‐00 Safety Equipment 2,000 2,000 328 16.40 10‐5640‐40‐00 Signs & Hardware 31,000 31,000 44 44 0.14 10‐5650‐40‐00 Maintenance Materials 60,000 60,000 4,894 1,943 8.16 10‐6140‐40‐00 Capital Expenditure ‐ Equipmt 76,000 76,000 ‐ Subtotal object ‐ 0 1,367,305 1,367,305 58,011 37,447 4.24 Program number: 1,367,305 1,367,305 58,011 37,447 4.24 Department number: 40 Streets 1,367,305 1,367,305 58,011 37,447 4.24 10‐5110‐45‐00 Salaries & Wages 24,536 24,536 2,874 2,222 11.71 10‐5145‐45‐00 Social Security Expense 849 849 178 138 20.99 10‐5150‐45‐00 Medicare Expense 198 198 42 32 21.04 10‐5155‐45‐00 SUTA Expense 14 14 ‐ 10‐5175‐45‐00 Liability (TML)/Workers' Comp 17 17 86 503.88 10‐5190‐45‐00 Contract Labor 40,000 40,000 ‐ 10‐5210‐45‐00 Supplies 2,000 2,000 553 553 27.63 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 3,200 3,200 57.14 10‐5240‐45‐00 Postage and Delivery 400 400 ‐ 10‐5281‐45‐00 Book Purchases 12,000 12,000 1,475 1,346 12.29 10‐5418‐45‐00 IT Fees 375 375 ‐ 10‐5480‐45‐00 Contracted Services 2,652 2,652 ‐ 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 object ‐ 0 98,041 98,041 8,406 7,490 8.57 19 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 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: 98,041 98,041 8,406 7,490 8.57 Department number: 45 Public Library 98,041 98,041 8,406 7,490 8.57 10‐5110‐60‐00 Salaries & Wages 590,082 590,082 63,219 48,630 10.71 10‐5115‐60‐00 Salaries ‐ Overtime 9,000 9,000 1,846 1,365 20.51 10‐5126‐60‐00 Salaries‐Vacation Buy‐Out 772 772 ‐ 10‐5140‐60‐00 Salaries ‐ Longevity Pay 2,583 2,583 1,735 1,735 67.17 10‐5145‐60‐00 Social Security Expense 29,871 29,871 3,984 3,115 13.34 10‐5150‐60‐00 Medicare Expense 6,986 6,986 932 728 13.34 10‐5155‐60‐00 SUTA Expense 482 482 ‐ 10‐5160‐60‐00 Health Insurance 75,912 75,912 6,497 4,015 8.56 10‐5165‐60‐00 Dental Insurance 5,061 5,061 350 241 6.92 10‐5170‐60‐00 Life Insurance/AD&D 1,057 1,057 114 79 10.81 10‐5175‐60‐00 Liability (TML) Workers Comp 610 610 5,568 912.80 10‐5180‐60‐00 TMRS Expense 63,175 63,175 7,132 5,538 11.29 10‐5185‐60‐00 Long Term/Short Term Disabilit 876 876 173 173 19.72 10‐5186‐60‐00 WELLE‐Wellness Prog Reimb Empl 4,620 4,620 355 245 7.69 10‐5210‐60‐00 Office Supplies 1,500 1,500 501 354 33.42 10‐5212‐60‐00 Building Supplies 1,500 1,500 ‐ 10‐5220‐60‐00 Office Equipment 5,560 5,560 469 469 8.44 10‐5230‐60‐00 Dues,Fees,& Subscriptions 2,850 2,850 ‐ 10‐5240‐60‐00 Postage and Delivery 175 175 ‐ 10‐5280‐60‐00 Printing and Reproduction 300 300 ‐ 10‐5290‐60‐00 Miscellaneous Expense 1,500 1,500 ‐ 10‐5310‐60‐00 Rental Expense 22,000 22,000 5,205 1,735 23.66 10‐5320‐60‐00 Repairs & Maintenance 424,500 424,500 14,260 9,394 3.36 10‐5350‐60‐00 Vehicle Expense 4,500 4,500 973 857 21.63 10‐5352‐60‐00 Fuel 17,000 17,000 819 819 4.82 10‐5353‐60‐00 Oil/Grease/Inspections 2,000 2,000 31 31 1.57 10‐5400‐60‐00 Uniform Expense 5,700 5,700 751 529 13.17 10‐5410‐60‐00 Professional Services 125,000 125,000 ‐ 10‐5418‐60‐00 IT Fees 3,100 3,100 169 84 5.45 10‐5430‐60‐00 Legal Fees 2,000 2,000 1,159 152 57.95 10‐5480‐60‐00 Contracted Services 154,800 154,800 18,087 17,739 11.68 10‐5520‐60‐00 Telephones 115 57 ‐ 10‐5521‐60‐00 Cell Phone Expense 5,900 5,900 1,124 1,124 19.06 10‐5525‐60‐00 Electricity 88,000 88,000 18,680 18,680 21.23 10‐5526‐60‐00 Data Network 1,700 1,700 84 4.97 10‐5530‐60‐00 Travel/Lodging/Meals Expense 3,800 3,800 ‐ 10‐5533‐60‐00 Mileage Expense 2,000 2,000 108 5.39 10‐5536‐60‐00 Training/Seminars 6,750 6,750 ‐ 10‐5600‐60‐00 Special Events 49,700 49,700 9,849 5,544 19.82 10‐5620‐60‐00 Tools & Equipment 6 6 ‐ 20 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5630‐60‐00 Safety Equipment 1,600 1,600 15 15 0.94 10‐5640‐60‐00 Signs & Hardware 2,800 2,800 193 193 6.88 10‐6160‐60‐00 Capital Expenditure ‐ Vehicles 52,000 52,000 ‐ Subtotal object ‐ 0 1,778,550 1,778,550 165,275 124,419 9.29 Program number: 1,778,550 1,778,550 165,275 124,419 9.29 Department number: 60 Parks and Recreation 1,778,550 1,778,550 165,275 124,419 9.29 10‐5110‐70‐00 Salaries & Wages 11,327 8,713 ‐ 10‐5115‐70‐00 Salaries ‐ Overtime 77,027 77,027 ‐ 10‐5140‐70‐00 Salaries ‐ Longevity Pay 185 185 ‐ 10‐5145‐70‐00 Social Security Expense 4,787 4,787 663 513 13.85 10‐5150‐70‐00 Medicare Expense 1,120 1,120 155 120 13.84 10‐5155‐70‐00 SUTA Expense 77 77 ‐ 10‐5160‐70‐00 Health Insurance 5,400 5,400 866 442 16.05 10‐5165‐70‐00 Dental Insurance 360 360 35 24 9.72 10‐5170‐70‐00 Life Insurance/AD&D 114 114 11 8 10.03 10‐5175‐70‐00 Liability (TML) Workers Comp 98 98 120 122.38 10‐5180‐70‐00 TMRS Expense 8,107 8,107 1,189 915 14.67 10‐5185‐70‐00 Long Term/Short Term Disabilit 143 143 30 30 21.12 10‐5186‐70‐00 WELLE‐Wellness Prog Reimb Empl 420 420 ‐ 10‐5190‐70‐00 Contract Labor 4,800 4,800 405 225 8.44 10‐5210‐70‐00 Office Supplies 1,500 1,500 1,100 461 73.30 10‐5212‐70‐00 Building Supplies 1,000 1,000 52 52 5.20 10‐5220‐70‐00 Office Equipment 20 ‐ 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 1,000 202 20.15 10‐5310‐70‐00 Rental Expense 24,000 24,000 4,118 1,996 17.16 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 1,301 375 13.55 10‐5425‐70‐00 State Fines Expense 106,800 106,800 ‐ 10‐5430‐70‐00 Legal Fees 2,337 2,337 ‐ 10‐5480‐70‐00 Contracted Services 2,000 2,000 ‐ 10‐5520‐70‐00 Telephones 300 300 256 128 85.27 10‐5524‐70‐00 Gas‐Building 900 900 37 37 4.08 10‐5525‐70‐00 Electricity 2,000 2,000 202 202 10.09 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 object ‐ 0 257,028 257,028 24,426 16,578 9.50 Program number: 257,028 257,028 24,426 16,578 9.50 21 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 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: 70 Municipal Court 257,028 257,028 24,426 16,578 9.50 10‐5110‐80‐00 Salaries & Wages 441,348 441,348 53,481 41,641 12.12 10‐5115‐80‐00 Salaries ‐ Overtime 8,000 8,000 506 443 6.33 10‐5140‐80‐00 Salaries ‐ Longevity Pay 2,359 2,359 1,540 1,540 65.28 10‐5141‐80‐00 Salaries ‐ Incentive 3,234 3,234 ‐ 10‐5145‐80‐00 Social Security Expense 25,434 25,434 3,298 2,595 12.97 10‐5150‐80‐00 Medicare Expense 5,948 5,948 771 607 12.97 10‐5155‐80‐00 SUTA Expense 451 451 ‐ 10‐5160‐80‐00 Health Insurance 48,600 48,600 4,360 2,776 8.97 10‐5165‐80‐00 Dental Insurance 3,240 3,240 221 145 6.82 10‐5170‐80‐00 Life Insurance/AD&D 914 914 76 51 8.32 10‐5175‐80‐00 Liability (TML) Workers Comp 580 580 1,688 290.96 10‐5180‐80‐00 TMRS Expense 47,769 47,769 5,859 4,599 12.26 10‐5185‐80‐00 Long Term/Short Term Disabilit 830 830 115 115 13.91 10‐5186‐80‐00 WELLE‐Wellness Prog Reimb Empl 3,360 3,360 270 175 8.02 10‐5190‐80‐00 Contract Labor 1,200 1,200 300 180 25.00 10‐5191‐80‐00 Hiring Cost 60 60 235 235 391.68 10‐5210‐80‐00 Office Supplies 7,000 7,000 329 329 4.70 10‐5212‐80‐00 Building Supplies 500 500 127 127 25.43 10‐5220‐80‐00 Office Equipment 13,000 13,000 215 215 1.66 10‐5230‐80‐00 Dues,Fees,& Subscriptions 67,350 67,350 17,220 15,620 25.57 10‐5240‐80‐00 Postage and Delivery 50 50 ‐ 10‐5280‐80‐00 Printing and Reproduction 2,000 2,000 217 217 10.84 10‐5320‐80‐00 Repairs & Maintenance 1,000 1,000 ‐ 10‐5340‐80‐00 Building Repairs 150 150 ‐ 10‐5350‐80‐00 Vehicle Expense 1,500 1,500 272 272 18.12 10‐5352‐80‐00 Fuel 12,000 12,000 597 597 4.97 10‐5353‐80‐00 Oil/Grease/Inspections 2,400 2,400 ‐ 10‐5400‐80‐00 Uniform Expense 2,700 2,700 ‐ 10‐5415‐80‐00 Tuition Reimbursement 5,100 5,100 ‐ 10‐5418‐80‐00 IT Fees 4,000 4,000 45 45 1.13 10‐5430‐80‐00 Legal Fees 4,000 4,000 ‐ 10‐5465‐80‐00 Public Relations 500 500 ‐ 10‐5480‐80‐00 Contracted Services 750 750 60 60 8.00 10‐5520‐80‐00 Telephones 1,500 1,500 215 108 14.34 10‐5521‐80‐00 Cell Phone Expense 2,880 2,880 390 390 13.53 10‐5525‐80‐00 Electricity 6,500 6,500 817 817 12.57 10‐5526‐80‐00 Data Network 3,200 3,200 494 266 15.43 10‐5530‐80‐00 Travel/Lodging/Meals Expense 600 600 74 12.34 10‐5533‐80‐00 Mileage Expense 6,000 6,000 ‐ 10‐5536‐80‐00 Training/Seminars 7,975 7,975 542 542 6.80 10‐5630‐80‐00 Safety Equipment 800 800 ‐ 22 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐6110‐80‐00 Capital Expenditure 30,000 30,000 ‐ 10‐6160‐80‐00 Capital Expenditure ‐ Vehicles 20,000 20,000 ‐ Subtotal object ‐ 0 796,782 796,782 94,333 74,705 11.84 Program number: 796,782 796,782 94,333 74,705 11.84 Department number: 80 Inspections 796,782 796,782 94,333 74,705 11.84 10‐5110‐85‐00 Salaries & Wages 47,312 47,312 6,958 5,352 14.71 10‐5115‐85‐00 Salaries ‐ Overtime 1,500 1,500 102 102 6.78 10‐5140‐85‐00 Salaries ‐ Longevity Pay 387 387 205 205 52.97 10‐5141‐85‐00 Salaries ‐ Incentive 750 750 ‐ 10‐5145‐85‐00 Social Security Expense 3,097 3,097 446 348 14.41 10‐5150‐85‐00 Medicare Expense 724 724 104 81 14.41 10‐5155‐85‐00 SUTA Expense 50 50 ‐ 10‐5160‐85‐00 Health Insurance 5,400 5,400 424 293 7.86 10‐5165‐85‐00 Dental Insurance 360 360 35 24 9.72 10‐5170‐85‐00 Life Insurance/AD&D 106 106 11 8 10.78 10‐5175‐85‐00 Liability (TML) Workers' Comp 63 63 240 380.71 10‐5180‐85‐00 TMRS Expense 5,244 5,244 768 598 14.65 10‐5185‐85‐00 Long Term/Short Term Disabilit 88 88 19 19 21.09 10‐5186‐85‐00 WELLE‐Wellness Prog Reimb Empl 420 420 51 35 12.08 10‐5190‐85‐00 Contract Labor 15,000 15,000 ‐ 10‐5210‐85‐00 Office Supplies 500 500 266 266 53.18 10‐5212‐85‐00 Building Supplies 13 13 ‐ 10‐5230‐85‐00 Dues,Fees,& Subscriptions 200 200 ‐ 10‐5240‐85‐00 Postage and Delivery 400 400 ‐ 10‐5280‐85‐00 Printing and Reproduction 1,200 1,200 ‐ 10‐5350‐85‐00 Vehicle Expense 500 500 ‐ 10‐5352‐85‐00 Fuel 1,000 1,000 ‐ 10‐5353‐85‐00 Oil/Grease/Inspections 100 100 ‐ 10‐5400‐85‐00 Uniform Expense 200 200 90 90 44.99 10‐5430‐85‐00 Legal Fees 8,000 8,000 199 199 2.49 10‐5435‐85‐00 Legal Notices/Filings 500 500 ‐ 10‐5480‐85‐00 Contracted Services 68,000 68,000 2,700 1,925 3.97 10‐5520‐85‐00 Telephones 300 300 31 15 10.25 10‐5521‐85‐00 Cell Phone Expense 500 500 74 74 14.80 10‐5536‐85‐00 Training/Seminars 500 500 ‐ 10‐5600‐85‐00 Special Events 1,000 1,000 ‐ 10‐5620‐85‐00 Tools & Equipment 250 250 ‐ 10‐5640‐85‐00 Signs & Hardware 500 500 ‐ Subtotal object ‐ 0 164,151 164,151 12,735 9,646 7.76 Program number: 164,151 164,151 12,735 9,646 7.76 Department number: 85 Code Enforcement 164,151 164,151 12,735 9,646 7.76 10‐5110‐90‐00 Salaries & Wages 213,259 213,259 30,791 23,685 14.44 23 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5115‐90‐00 Salaries ‐ Overtime 500 500 ‐ 10‐5126‐90‐00 Salaries‐Vacation Buy‐Out 1,940 1,940 ‐ 10‐5140‐90‐00 Salaries ‐ Longevity Pay 1,059 1,059 740 740 69.88 10‐5141‐90‐00 Salaries ‐ Incentive 1,000 1,000 ‐ 10‐5145‐90‐00 Social Security Expense 13,381 13,381 1,972 1,564 14.74 10‐5150‐90‐00 Medicare Expense 3,129 3,129 461 366 14.74 10‐5155‐90‐00 SUTA Expense 216 216 ‐ 10‐5160‐90‐00 Health Insurance 16,408 16,408 2,408 1,506 14.68 10‐5165‐90‐00 Dental Insurance 1,094 1,094 105 72 9.60 10‐5170‐90‐00 Life Insurance/AD&D 318 318 34 24 10.78 10‐5175‐90‐00 Liability (TML) Workers Comp 273 273 483 176.97 10‐5180‐90‐00 TMRS Expense 22,661 22,661 3,530 2,779 15.58 10‐5185‐90‐00 Long Term/Short Term Disabilit 397 397 77 77 19.47 10‐5186‐90‐00 WELLE‐Wellness Prog Reimb Empl 1,260 1,260 152 105 12.08 10‐5190‐90‐00 Contract Labor 1,300 1,300 300 180 23.08 10‐5191‐90‐00 Hiring Cost 50 50 ‐ 10‐5210‐90‐00 Office Supplies 3,500 3,500 312 8.93 10‐5212‐90‐00 Building Supplies 250 250 ‐ 10‐5230‐90‐00 Dues,Fees,& Subscriptions 5,000 5,000 15 15 0.30 10‐5240‐90‐00 Postage and Delivery 200 200 ‐ 10‐5400‐90‐00 Uniform Expense 300 300 ‐ 10‐5410‐90‐00 Professional Services 132,000 132,000 ‐ 10‐5415‐90‐00 Tuition Reimbursement 5,000 5,000 ‐ 10‐5430‐90‐00 Legal Fees 50,000 50,000 1,121 589 2.24 10‐5435‐90‐00 Legal Notices/Filings 1,500 1,500 ‐ 10‐5520‐90‐00 Telephones 3,300 3,300 61 31 1.86 10‐5521‐90‐00 Cell Phone Expense 2,400 2,400 293 293 12.22 10‐5526‐90‐00 Data Network 8,250 8,250 1,375 688 16.67 10‐5530‐90‐00 Travel/Lodging/Meals Expense 2,000 2,000 506 506 25.33 10‐5533‐90‐00 Mileage Expense 1,500 1,500 ‐ 10‐5536‐90‐00 Training/Seminars 4,000 4,000 ‐ Subtotal object ‐ 0 495,505 495,505 46,680 35,160 9.42 Program number: 495,505 495,505 46,680 35,160 9.42 Department number: 90 Planning 495,505 495,505 46,680 35,160 9.42 10‐5110‐98‐00 Salaries & Wages 354,304 (6,500) 347,804 34,045 26,189 9.79 10‐5126‐98‐00 Salaries‐Vacation Buy‐Out 2,538 2,538 ‐ 10‐5140‐98‐00 Salaries ‐ Longevity Pay 749 749 440 440 58.75 10‐5141‐98‐00 Salaries ‐ Incentive 300 300 ‐ 10‐5145‐98‐00 Social Security Expense 22,032 22,032 2,182 1,727 9.91 10‐5150‐98‐00 Medicare Expense 5,153 5,153 510 404 9.90 10‐5155‐98‐00 SUTA Expense 355 355 ‐ 10‐5160‐98‐00 Health Insurance 16,408 16,408 1,831 1,133 11.16 24 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5165‐98‐00 Dental Insurance 1,094 1,094 70 48 6.40 10‐5170‐98‐00 Life Insurance/AD&D 342 342 32 22 9.22 10‐5175‐98‐00 Liability (TML) Workers Comp 450 450 227 50.45 10‐5180‐98‐00 TMRS Expense 37,312 37,312 3,893 3,066 10.43 10‐5185‐98‐00 Long Term/Short Term Disabilit 660 660 84 84 12.71 10‐5186‐98‐00 WELLE‐Wellness Prog Reimb Empl 1,260 1,260 51 35 4.03 10‐5191‐98‐00 Hiring Cost 80 80 ‐ 10‐5210‐98‐00 Office Supplies 800 800 317 109 39.58 10‐5212‐98‐00 Building Supplies 350 350 ‐ 10‐5220‐98‐00 Office Equipment 21 ‐ 10‐5230‐98‐00 Dues,Fees,& Subscriptions 900 900 ‐ 10‐5240‐98‐00 Postage and Delivery 20 20 ‐ 10‐5280‐98‐00 Printing and Reproduction 79 79 ‐ 10‐5400‐98‐00 Uniform Expense 100 100 ‐ 10‐5418‐98‐00 IT Fees 250 250 ‐ 10‐5430‐98‐00 Legal Fees 8,500 8,500 (1,199) (1,501) (14.10) 10‐5435‐98‐00 Legal Notices/Filings 518 518 ‐ 10‐5520‐98‐00 Telephones 115 57 ‐ 10‐5521‐98‐00 Cell Phone Expense 3,060 3,060 293 293 9.59 10‐5524‐98‐00 Gas‐Building 73 37 ‐ 10‐5525‐98‐00 Electricity 323 163 ‐ 10‐5530‐98‐00 Travel/Lodging/Meals Expense 3,250 3,250 556 556 17.10 10‐5533‐98‐00 Mileage Expense 2,500 2,500 390 390 15.60 10‐5536‐98‐00 Training/Seminars 7,000 7,000 481 481 6.87 10‐6110‐98‐00 Capital Expenditure 20,000 6,500 26,500 ‐ Subtotal object ‐ 0 487,149 487,149 47,948 36,946 9.84 Program number: 487,149 487,149 47,948 36,946 9.84 Department number: 98 Engineering 487,149 487,149 47,948 36,946 9.84 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 12,457,760 12,457,760 1,554,539 1,025,263 12.48 Fund number: 10 General 696,443 696,443 108,760 274,695 15.62 20‐4005‐50‐00 Water Revenue (5,200,000) (5,200,000) (785,201) (302,203) 15.10 20‐4010‐50‐00 Water Tap & Construction (300,000) (300,000) (81,225) (22,200) 27.08 20‐4012‐50‐00 Saturday Inspection Fee (2,500) (2,500) (1,050) (150) 42.00 20‐4018‐50‐00 Internet Cr. Card Fees(Global) (14,000) (14,000) (3,535) (1,778) 25.25 20‐4019‐50‐00 Cr. Card Pmt Fees(auth.net) (1,900) (1,900) (654) (262) 34.41 20‐4060‐50‐00 NSF Fees (1,200) (1,200) (150) 12.50 20‐4242‐50‐00 Re‐Inspection Fees (2,000) (2,000) (300) (150) 15.00 20‐4610‐50‐00 Interest Income (70,000) (70,000) (7,840) (4,191) 11.20 20‐4910‐50‐00 Other Revenue (80,000) (80,000) (15,209) (7,360) 19.01 Subtotal object ‐ 0 (5,671,600) (5,671,600) (895,164) (338,294) 15.78 Program number: (5,671,600) (5,671,600) (895,164) (338,294) 15.78 Department number: 50 Water (5,671,600) (5,671,600) (895,164) (338,294) 15.78 25 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 20‐4006‐55‐00 Sewer Revenue (2,247,850) (2,247,850) (426,217) (211,307) 18.96 20‐4010‐55‐00 Sewer Tap & Construction (150,000) (150,000) (30,000) (9,800) 20.00 Subtotal object ‐ 0 (2,397,850) (2,397,850) (456,217) (221,107) 19.03 Program number: (2,397,850) (2,397,850) (456,217) (221,107) 19.03 Department number: 55 Sewer (2,397,850) (2,397,850) (456,217) (221,107) 19.03 20‐4000‐57‐00 W/S Service Initiation (50,000) (50,000) (7,350) (3,865) 14.70 20‐4007‐57‐00 Sanitation (800,000) (800,000) (145,814) (73,014) 18.23 20‐4009‐57‐00 Late Fee‐W/S (56,000) (56,000) (17,726) (6,194) 31.65 Subtotal object ‐ 0 (906,000) (906,000) (170,890) (83,073) 18.86 Program number: (906,000) (906,000) (170,890) (83,073) 18.86 Department number: 57 Utility Billing Department (906,000) (906,000) (170,890) (83,073) 18.86 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (8,975,450) (8,975,450) (1,522,271) (642,474) 16.96 20‐5110‐50‐00 Salaries & Wages 525,495 525,495 66,763 51,272 12.71 20‐5115‐50‐00 Salaries ‐ Overtime 25,000 25,000 4,056 2,903 16.22 20‐5140‐50‐00 Salaries ‐ Longevity Pay 2,311 2,311 1,545 1,545 66.85 20‐5145‐50‐00 Social Security Expense 29,526 29,526 4,345 3,355 14.72 20‐5150‐50‐00 Medicare Expense 6,905 6,905 1,016 785 14.72 20‐5155‐50‐00 SUTA Expense 476 476 ‐ 20‐5160‐50‐00 Health Insurance 59,400 59,400 4,981 3,125 8.39 20‐5165‐50‐00 Dental Insurance 3,544 3,544 315 217 8.89 20‐5170‐50‐00 Life Insurance/AD&D 779 779 119 82 15.23 20‐5175‐50‐00 Liability (TML) Workers' Comp 603 603 10,636 ####### 20‐5176‐50‐00 TML Prop. & Liab Insurance 35,000 35,000 26,709 76.31 20‐5180‐50‐00 TMRS Expense 58,045 58,045 7,632 5,873 13.15 20‐5185‐50‐00 Long Term/Short Term Disabilit 767 767 174 174 22.74 20‐5186‐50‐00 WELLE‐Wellness Prog Reimb‐Empl 3,780 3,780 320 210 8.47 20‐5190‐50‐00 Contract Labor 15,000 15,000 ‐ 20‐5191‐50‐00 Hiring Cost 540 540 40 40 7.41 20‐5210‐50‐00 Office Supplies 3,000 3,000 65 65 2.18 20‐5212‐50‐00 Building Supplies 1,500 1,500 693 693 46.19 20‐5220‐50‐00 Office Equipment 10,500 10,500 ‐ 20‐5230‐50‐00 Dues,Fees,& Subscriptions 12,444 12,444 ‐ 20‐5240‐50‐00 Postage and Delivery 24,000 24,000 ‐ 20‐5250‐50‐00 Publications 50 50 ‐ 20‐5280‐50‐00 Printing and Reproduction 8,200 8,200 79 0.96 20‐5290‐50‐00 Miscellaneous Expense 296 ‐ 20‐5310‐50‐00 Rental Expense 5,000 5,000 ‐ 20‐5320‐50‐00 Repairs & Maintenance 3,500 3,500 10 10 0.27 20‐5340‐50‐00 Building Repairs 3,900 3,900 94 2.40 20‐5350‐50‐00 Vehicle Expense 25,000 25,000 2,967 986 11.87 20‐5352‐50‐00 Fuel 36,500 36,500 1,726 1,726 4.73 20‐5353‐50‐00 Oil/Grease/Inspections 2,400 2,400 540 540 22.49 26 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 20‐5400‐50‐00 Uniform Expense 11,100 11,100 3,132 2,261 28.21 20‐5410‐50‐00 Professional Services 5,000 5,000 ‐ 20‐5412‐50‐00 Audit Fees 1,000 1,000 ‐ 20‐5416‐50‐00 Engineering Fees 7,000 7,000 ‐ 20‐5418‐50‐00 IT Fees 23,000 23,000 2,016 1,016 8.77 20‐5419‐50‐00 IT Licenses 1,200 1,200 ‐ 20‐5430‐50‐00 Legal Fees 2,000 2,000 ‐ 20‐5435‐50‐00 Legal Notices/Filings 1,000 1,000 ‐ 20‐5475‐50‐00 Credit Card Fees 16,000 16,000 5,039 2,573 31.49 20‐5480‐50‐00 Contracted Services 94,800 94,800 ‐ 20‐5520‐50‐00 Telephones 6,300 6,300 699 349 11.09 20‐5521‐50‐00 Cell Phone Expense 9,320 9,320 672 672 7.21 20‐5524‐50‐00 Gas‐Building 2,500 2,500 442 405 17.68 20‐5525‐50‐00 Electricity 200,000 200,000 23,930 11,319 11.97 20‐5526‐50‐00 Data Network 6,800 6,800 1,104 552 16.23 20‐5530‐50‐00 Travel/Lodging/Meals Expense 1,000 1,000 490 442 48.96 20‐5533‐50‐00 Mileage Expense 2,700 2,700 259 9.61 20‐5536‐50‐00 Training/Seminars 7,200 7,200 ‐ 20‐5540‐50‐00 Water Testing 3,000 3,000 8 8 0.28 20‐5545‐50‐00 Meter Purchases 220,500 220,500 1,928 1,928 0.87 20‐5550‐50‐00 Water Purchases 1,902,100 1,902,100 271,619 147,713 14.28 20‐5620‐50‐00 Tools & Equipment 16,000 16,000 1,354 1,228 8.46 20‐5630‐50‐00 Safety Equipment 11,200 11,200 1,422 49 12.70 20‐5640‐50‐00 Signs & Hardware 1,300 1,300 25 25 1.89 20‐5650‐50‐00 Maintenance Materials 12,000 12,000 ‐ 20‐5660‐50‐00 Chemical Supplies 1,000 1,000 ‐ 20‐5670‐50‐00 System Improvements/Repairs 76,650 76,650 10,007 3,950 13.06 20‐6110‐50‐00 Capital Expenditure 215,600 215,600 ‐ 20‐6140‐50‐00 Capital Expenditure ‐ Equipmen 95,000 95,000 ‐ 20‐6160‐50‐00 Capital Expenditure ‐ Vehicles 22,000 22,000 ‐ 20‐6186‐50‐00 2013 Bond Payment 386,928 386,928 ‐ 20‐6192‐50‐00 2011 Refd Bond Pmt 278,084 278,084 ‐ 20‐6193‐50‐00 2012 CO Bond Payment 243,200 243,200 ‐ 20‐6197‐50‐00 2004 CO Bond Payment 538,408 538,408 ‐ 20‐6198‐50‐00 2006 CO Bond Payment 492,952 492,952 ‐ 20‐6199‐50‐00 2008 CO Bond Payment 119,813 119,813 ‐ 20‐6200‐50‐00 Bond Administrative Fees 3,000 3,000 ‐ 20‐7143‐50‐00 Transfer to Internal Serv. Fd 2,160 2,160 ‐ 20‐7147‐50‐00 Transfer to GF 494,610 494,610 82,435 41,218 16.67 Subtotal object ‐ 0 6,436,590 6,436,590 541,700 289,306 8.42 Program number: 6,436,590 6,436,590 541,700 289,306 8.42 Department number: 50 Water 6,436,590 6,436,590 541,700 289,306 8.42 27 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 20‐5110‐55‐00 Salaries & Wages 162,724 162,724 17,220 13,298 10.58 20‐5115‐55‐00 Salaries ‐ Overtime 10,000 10,000 1,512 1,041 15.12 20‐5140‐55‐00 Salaries ‐ Longevity Pay 950 950 645 645 67.90 20‐5145‐55‐00 Social Security Expense 7,604 7,604 1,140 885 14.99 20‐5150‐55‐00 Medicare Expense 2,788 2,788 267 207 9.56 20‐5155‐55‐00 SUTA Expense 123 123 ‐ 20‐5160‐55‐00 Health Insurance 21,600 21,600 1,540 984 7.13 20‐5165‐55‐00 Dental Insurance 1,440 1,440 105 72 7.29 20‐5170‐55‐00 Life Insurance/AD&D 337 337 34 24 10.17 20‐5175‐55‐00 Liability (TML) Workers' Comp 204 204 5,568 ####### 20‐5180‐55‐00 TMRS Expense 18,235 18,235 2,045 1,581 11.22 20‐5185‐55‐00 Long Term/Short Term Disabilit 281 281 47 47 16.89 20‐5186‐55‐00 WELLE‐Wellness Prog Reimb‐Empl 1,680 1,680 102 70 6.04 20‐5191‐55‐00 Hiring Cost 200 200 ‐ 20‐5210‐55‐00 Office Supplies 800 800 305 305 38.08 20‐5212‐55‐00 Building Supplies 600 600 ‐ 20‐5220‐55‐00 Office Equipment 1,200 1,200 ‐ 20‐5230‐55‐00 Dues,Fees,& Subscriptions 2,222 2,222 ‐ 20‐5240‐55‐00 Postage and Delivery 1,200 1,200 ‐ 20‐5250‐55‐00 Publications 100 100 ‐ 20‐5260‐55‐00 Advertising 600 600 ‐ 20‐5280‐55‐00 Printing and Reproduction 1,000 1,000 ‐ 20‐5310‐55‐00 Rental Expense 8,000 8,000 ‐ 20‐5320‐55‐00 Repairs & Maintenance 400 400 ‐ 20‐5335‐55‐00 Radio/Video Repairs 7,000 7,000 ‐ 20‐5340‐55‐00 Building Repairs 2,000 2,000 ‐ 20‐5350‐55‐00 Vehicle Expense 6,000 6,000 27 0.45 20‐5352‐55‐00 Fuel 18,000 18,000 352 352 1.96 20‐5353‐55‐00 Oil/Grease/Inspections 1,500 1,500 ‐ 20‐5400‐55‐00 Uniform Expense 8,600 8,600 1,182 804 13.74 20‐5412‐55‐00 Audit Fees 400 400 ‐ 20‐5416‐55‐00 Engineering Fees 1,500 1,500 ‐ 20‐5418‐55‐00 IT Fees 3,700 3,700 ‐ 20‐5430‐55‐00 Legal Fees 500 500 ‐ 20‐5480‐55‐00 Contracted Services 50,000 50,000 ‐ 20‐5520‐55‐00 Telephones 1,000 1,000 195 98 19.53 20‐5521‐55‐00 Cell Phone Expense 4,560 4,560 141 141 3.09 20‐5524‐55‐00 Gas ‐ Building 8 8 ‐ 20‐5525‐55‐00 Electricity 49,300 49,300 6,461 5,087 13.11 20‐5530‐55‐00 Travel/Lodging/Meals Expense 600 600 ‐ 20‐5533‐55‐00 Mileage Expense 500 500 ‐ 20‐5536‐55‐00 Training/Seminars 4,600 4,600 ‐ 28 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 20‐5540‐55‐00 Water Testing 500 500 ‐ 20‐5560‐55‐00 Sewer Management Fees 1,111,300 1,111,300 269,012 93,809 24.21 20‐5620‐55‐00 Tools & Equipment 7,400 7,400 ‐ 20‐5630‐55‐00 Safety Equipment 11,100 11,100 496 4.47 20‐5640‐55‐00 Signs & Hardware 1,000 1,000 ‐ 20‐5650‐55‐00 Maintenance Materials 8,000 8,000 ‐ 20‐5660‐55‐00 Chemical Supplies 2,000 2,000 ‐ 20‐5670‐55‐00 System Improvements/Repairs 28,000 28,000 728 728 2.60 20‐5680‐55‐00 Lift Station Expense 30,000 30,000 1,500 1,500 5.00 20‐6140‐55‐00 Capital Expenditure ‐ Equipmt 26,000 26,000 14,637 14,637 56.30 20‐6160‐55‐00 Capital Expenditure ‐ Vehicles 25,000 25,000 ‐ 20‐7147‐55‐00 Transfer to GF 214,350 214,350 35,725 17,863 16.67 Subtotal object ‐ 0 1,868,706 1,868,706 360,986 154,178 19.32 Program number: 1,868,706 1,868,706 360,986 154,178 19.32 Department number: 55 Sewer 1,868,706 1,868,706 360,986 154,178 19.32 20‐5110‐57‐00 Salaries & Wages 81,903 81,903 13,415 10,364 16.38 20‐5115‐57‐00 Salaries ‐ Overtime 5,000 5,000 502 410 10.04 20‐5140‐57‐00 Salaries ‐ Longevity Pay 849 849 415 415 48.88 20‐5141‐57‐00 Salary‐Incentive 800 800 ‐ 20‐5145‐57‐00 Social Security Expense 5,490 5,490 853 669 15.54 20‐5150‐57‐00 Medicare Expense 1,284 1,284 199 157 15.54 20‐5155‐57‐00 SUTA Expense 89 89 ‐ 20‐5160‐57‐00 Health Insurance 10,904 10,904 985 679 9.03 20‐5165‐57‐00 Dental Insurance 727 727 70 48 9.63 20‐5170‐57‐00 AD&D/Life Insurance 183 183 23 16 12.49 20‐5175‐57‐00 Liability (TML) Workers' Comp 112 112 227 202.69 20‐5180‐57‐00 TMRS Expense 7,886 7,886 1,312 1,021 16.64 20‐5185‐57‐00 Long Term/Short Term Disabilit 152 152 32 32 20.93 20‐5186‐57‐00 WELLE‐Wellness Prog Reimb‐Empl 840 840 51 35 6.04 20‐5190‐57‐00 Contract Labor 50 50 ‐ 20‐5191‐57‐00 Hiring Cost 40 40 ‐ 20‐5210‐57‐00 Office Supplies 1,500 1,500 803 30 53.53 20‐5212‐57‐00 Building Supplies 500 500 ‐ 20‐5230‐57‐00 Dues,Fees,& Subscriptions 200 200 ‐ 20‐5240‐57‐00 Postage and Delivery 21,000 21,000 1,919 1,872 9.14 20‐5280‐57‐00 Printing and Reproduction 1,000 1,000 ‐ 20‐5400‐57‐00 Uniform Expense 150 150 ‐ 20‐5418‐57‐00 IT Fees 8,000 8,000 ‐ 20‐5419‐57‐00 IT Licenses 10,000 10,000 ‐ 20‐5470‐57‐00 Trash Collection 718,000 718,000 66,908 66,908 9.32 20‐5479‐57‐00 Household Haz. Waste Disposal 2,500 2,500 350 350 14.00 20‐5480‐57‐00 Contracted Services 8,983 8,983 529 529 5.89 29 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 20‐5481‐57‐00 Cash Short/Over 2 ‐ 20‐5520‐57‐00 Telephones 800 800 124 62 15.53 20‐5530‐57‐00 Travel/Lodging/Meals Expense 300 300 ‐ 20‐5533‐57‐00 Mileage Expense 1,500 1,500 ‐ 20‐5536‐57‐00 Training/Seminars 1,100 1,100 ‐ 20‐7147‐57‐00 Transfer to GF 80,200 80,200 13,367 6,683 16.67 Subtotal object ‐ 0 972,042 972,042 102,086 90,280 10.50 Program number: 972,042 972,042 102,086 90,280 10.50 Department number: 57 Utility Billing Department 972,042 972,042 102,086 90,280 10.50 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 9,277,338 9,277,338 1,004,772 533,763 10.83 Fund number: 20 Water/Sewer 301,888 301,888 (517,499) (108,710) ####### 30‐4105‐10‐00 Property Taxes ‐Delinquent (30,000) (30,000) (14,293) (777) 47.65 30‐4110‐10‐00 Property Taxes ‐Current (2,763,240) (2,763,240) (186,690) (138,419) 6.76 30‐4115‐10‐00 Taxes ‐Penalties (18,000) (18,000) (3,502) 163 19.45 30‐4610‐10‐00 Interest Income (12,000) (12,000) (1,319) (683) 10.99 Subtotal object ‐ 0 (2,823,240) (2,823,240) (205,805) (139,716) 7.29 Program number: (2,823,240) (2,823,240) (205,805) (139,716) 7.29 Department number: 10 Administrative (2,823,240) (2,823,240) (205,805) (139,716) 7.29 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (2,823,240) (2,823,240) (205,805) (139,716) 7.29 30‐6186‐10‐00 2013 GO Ref Bond 282,672 282,672 ‐ 30‐6191‐10‐00 2010 Tax Note Payment 365,166 365,166 ‐ 30‐6192‐10‐00 2011 Ref Bond Pmt 177,791 177,791 ‐ 30‐6193‐10‐00 2012 GO Bond Payment 112,413 112,413 ‐ 30‐6197‐10‐00 2004 CO Bond Payment 329,992 329,992 ‐ 30‐6198‐10‐00 2006 Bond Payment 455,033 455,033 ‐ 30‐6199‐10‐00 2008 CO Bond Payment 1,078,313 1,078,313 ‐ 30‐6200‐10‐00 Bond Administrative Fees 20,000 20,000 700 700 3.50 Subtotal object ‐ 0 2,821,380 2,821,380 700 700 0.03 Program number: 2,821,380 2,821,380 700 700 0.03 Department number: 10 Administrative 2,821,380 2,821,380 700 700 0.03 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 2,821,380 2,821,380 700 700 0.03 Fund number: 30 Interest and Sinking (1,860) (1,860) (205,105) (139,016) ####### 40‐4100‐10‐00 Charges for Services (30,000) (30,000) ‐ 40‐4610‐10‐00 Interest Income (500) (500) (110) (52) 22.07 40‐4995‐10‐00 Transfer In (19,160) (19,160) ‐ Subtotal object ‐ 0 (49,660) (49,660) (110) (52) 0.22 Program number: (49,660) (49,660) (110) (52) 0.22 Department number: 10 General Fund (49,660) (49,660) (110) (52) 0.22 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (49,660) (49,660) (110) (52) 0.22 40‐5160‐10‐00 MERP H & D Expense ‐ GF 49,000 49,000 ‐ Subtotal object ‐ 0 49,000 49,000 ‐ Program number: 49,000 49,000 ‐ 30 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 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: 10 General Fund 49,000 49,000 ‐ Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 49,000 49,000 ‐ Fund number: 40 Internal Service Fund (660) (660) (110) (52) 16.72 45‐4001‐10‐00 Storm Drainage Utility Fee (228,800) (228,800) (39,820) (19,888) 17.40 45‐4610‐10‐00 Interest Storm Utility (1,600) (1,600) (281) (129) 17.58 Subtotal object ‐ 0 (230,400) (230,400) (40,101) (20,018) 17.41 Program number: (230,400) (230,400) (40,101) (20,018) 17.41 Department number: 10 Administration (230,400) (230,400) (40,101) (20,018) 17.41 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (230,400) (230,400) (40,101) (20,018) 17.41 45‐5110‐10‐00 Salaries 28,514 28,514 4,193 3,226 14.71 45‐5115‐10‐00 Salaries‐Overtime 2,000 2,000 99 72 4.96 45‐5140‐10‐00 Salaries‐Longevity Pay 195 195 ‐ 45‐5145‐10‐00 Social Security Expense 1,904 1,904 266 205 13.99 45‐5150‐10‐00 Medicare Expense 445 445 62 48 14.00 45‐5155‐10‐00 SUTA Expense 31 31 ‐ 45‐5160‐10‐00 Health Insurance 5,400 5,400 555 305 10.28 45‐5165‐10‐00 Dental Expense 360 360 ‐ 45‐5170‐10‐00 Life Ins/AD&D 64 64 11 8 17.86 45‐5175‐10‐00 Liability (TML) Workers Comp 39 39 1,448 ####### 45‐5180‐10‐00 TMRS Expense 3,224 3,224 456 350 14.15 45‐5185‐10‐00 Long Term/Short Term Disabilit 53 53 ‐ 45‐5186‐10‐00 WELLE‐Wellness Prog Reimb Empl 420 420 51 35 12.08 45‐5191‐10‐00 Hiring Cost 40 40 ‐ 45‐5210‐10‐00 Office Supplies 400 400 ‐ 45‐5250‐10‐00 Publications 37 37 ‐ 45‐5310‐10‐00 Rental Expense 7,800 7,800 ‐ 45‐5320‐10‐00 Repairs & Maiantenance 800 800 ‐ 45‐5340‐10‐00 Building Repairs 500 500 ‐ 45‐5350‐10‐00 Vehicle Expense 1,500 1,500 ‐ 45‐5352‐10‐00 Fuel 2,000 2,000 112 112 5.61 45‐5353‐10‐00 Oil/Grease/Inspections 400 400 ‐ 45‐5400‐10‐00 Uniforms 1,700 1,700 466 336 27.41 45‐5410‐10‐00 Professional Services‐Storm Dr 5,000 5,000 ‐ 45‐5480‐10‐00 Contract Services 38,000 38,000 ‐ 45‐5520‐10‐00 Telephones 300 300 ‐ 45‐5521‐10‐00 Cell Phone Expense 350 350 69 69 19.59 45‐5530‐10‐00 Travel/Lodging/Meals Expense 200 200 ‐ 45‐5536‐10‐00 Training/Seminars 800 800 ‐ 45‐5620‐10‐00 Tools & Equipment 2,000 2,000 ‐ 45‐5630‐10‐00 Safety Equipment 1,500 1,500 171 11.40 45‐5640‐10‐00 Signs & Hardware 600 600 ‐ 45‐5650‐10‐00 Maintenance Materials 4,000 4,000 ‐ 31 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 45‐6140‐10‐00 Capital Expense‐Equipment 163,726 163,726 ‐ 45‐6193‐10‐00 2012 CO Bond Payment 106,918 106,918 ‐ 45‐7143‐10‐00 Transfer to Internal Serv. Fd 240 240 ‐ 45‐7147‐10‐00 Transfer to GF 12,540 12,540 2,090 1,045 16.67 Subtotal object ‐ 0 394,000 394,000 10,050 5,809 2.55 Program number: 394,000 394,000 10,050 5,809 2.55 Department number: 10 Administration 394,000 394,000 10,050 5,809 2.55 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 394,000 394,000 10,050 5,809 2.55 Fund number: 45 Storm Drainage Utility Fund 163,600 163,600 (30,051) (14,209) (18.37) 60‐4045‐60‐00 Park Dedication‐Fees (100,000) (100,000) ‐ 60‐4055‐60‐00 Park Improvement (200,000) (200,000) ‐ 60‐4615‐60‐00 Interest‐Park Dedication (1,200) (1,200) (298) (180) 24.82 60‐4620‐60‐00 Interest‐Park Improvements (350) (350) (129) (58) 36.76 Subtotal object ‐ 0 (301,550) (301,550) (427) (238) 0.14 Program number: (301,550) (301,550) (427) (238) 0.14 Department number: 60 Parks and Recreation (301,550) (301,550) (427) (238) 0.14 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (301,550) (301,550) (427) (238) 0.14 60‐5290‐60‐00 Miscellaneous Expense 20 10 ‐ 60‐5411‐60‐00 Professional Services‐Pk Imp 20,000 20,000 ‐ 60‐6120‐60‐00 Capital Exp‐Pk Improvements 30,000 30,000 ‐ 60‐6140‐60‐00 Capital Exp‐Pk Dedication 650,000 650,000 ‐ Subtotal object ‐ 0 700,000 700,000 20 10 0.00 Program number: 700,000 700,000 20 10 0.00 Department number: 60 Parks and Recreation 700,000 700,000 20 10 0.00 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 700,000 700,000 20 10 0.00 Fund number: 60 Parks & Recreation Fund 398,450 398,450 (407) (228) (0.10) 65‐4015‐99‐00 Impact Fees ‐Water (800,000) (800,000) (413,149) (37,744) 51.64 65‐4020‐99‐00 Impact Fees ‐Sewer (700,000) (700,000) (69,638) (27,155) 9.95 65‐4040‐99‐00 Thoroughfare Impact Fees (1,100,000) (1,100,000) (180,457) (65,863) 16.41 65‐4041‐99‐00 West Thorfare Imp. Fees Rev (70,813) ‐ 65‐4615‐99‐00 Interest‐Water Impact Fee (4,000) (4,000) (646) (382) 16.15 65‐4620‐99‐00 Interest‐Sewer Impact Fee (4,000) (4,000) (283) (165) 7.06 65‐4640‐99‐00 Interest‐Thorfare Imp Fee (12,000) (12,000) (518) (317) 4.32 65‐4641‐99‐00 Interest‐West Thorfare imp fee (221) (148) ‐ Subtotal object ‐ 0 (2,620,000) (2,620,000) (735,724) (131,773) 28.08 Program number: (2,620,000) (2,620,000) (735,724) (131,773) 28.08 Department number: 99 Impact Fees (2,620,000) (2,620,000) (735,724) (131,773) 28.08 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (2,620,000) (2,620,000) (735,724) (131,773) 28.08 65‐5415‐99‐00 Professional Serv‐Water Imp Fe 1,220,000 1,220,000 40,059 40,059 3.28 65‐5420‐99‐00 Professional Serv‐Sewer Imp Fe 255,000 255,000 ‐ 65‐5440‐99‐00 Professional Serv‐Thorfare Imp 60,000 60,000 ‐ 65‐7144‐99‐00 Transfer to Capital Proj Fund 300,000 300,000 ‐ 32 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 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 1,835,000 1,835,000 40,059 40,059 2.18 Program number: 1,835,000 1,835,000 40,059 40,059 2.18 Department number: 99 Impact Fees 1,835,000 1,835,000 40,059 40,059 2.18 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 1,835,000 1,835,000 40,059 40,059 2.18 Fund number: 65 Impact Fees (785,000) (785,000) (695,665) (91,715) 88.62 67‐4530‐10‐00 Police Donation Inc (16,000) (16,000) (1,935) (1,144) 12.09 67‐4531‐10‐00 Fire Dept‐Donation Inc (12,000) (12,000) (2,605) (798) 21.71 67‐4532‐10‐00 Safety Fair Donations (2,000) (2,000) ‐ 67‐4535‐10‐00 Child Safety Inc (9,000) (9,000) (3,532) (3,532) 39.24 67‐4536‐10‐00 Court Security Revenue (2,900) (2,900) (743) (394) 25.62 67‐4537‐10‐00 Technology Fd Revenue (4,000) (4,000) (993) (527) 24.82 67‐4610‐10‐00 Interest Income (862) (423) ‐ 67‐4721‐10‐00 Country Xmas Donations (10,000) (10,000) (10,150) (9,400) 101.50 67‐4761‐10‐00 Tree Mitigation Revenue (14,175) ‐ 67‐4916‐10‐00 Cash Seizure Forfeit‐PD (500) (500) (2,250) (2,250) 450.00 Subtotal object ‐ 0 (56,400) (56,400) (37,244) (18,467) 66.04 Program number: (56,400) (56,400) (37,244) (18,467) 66.04 Department number: 10 Administrative (56,400) (56,400) (37,244) (18,467) 66.04 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (56,400) (56,400) (37,244) (18,467) 66.04 67‐5202‐10‐00 Country Xmas Expense 10,000 10,000 ‐ 67‐5203‐10‐00 Court Technology Expense 12,200 12,200 7 7 0.06 67‐5204‐10‐00 Court Security Expense 2,500 2,500 136 136 5.44 67‐5205‐10‐00 Police Donation Exp 8,000 8,000 ‐ 67‐5206‐10‐00 Fire Dept Donation Exp 8,000 8,000 607 332 7.59 67‐5207‐10‐00 Health & Safety Fair Exp 1,500 1,500 ‐ 67‐5208‐10‐00 Child Safety Expense 1,000 1,000 ‐ 67‐5209‐10‐00 Escrow Expense 15,500 15,500 ‐ 67‐5216‐10‐00 Volunteer Per Diem Expense 165 165 ‐ 67‐5291‐10‐00 Special Operations 500 500 ‐ Subtotal object ‐ 0 59,200 59,200 915 640 1.55 Program number: 59,200 59,200 915 640 1.55 Department number: 10 Administrative 59,200 59,200 915 640 1.55 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 59,200 59,200 915 640 1.55 Fund number: 67 Special Revenue‐Donations 2,800 2,800 (36,329) (17,827) ####### 75‐4611‐10‐00 Interest‐2004 Bond (1,000) (1,000) (340) (167) 33.99 75‐4612‐10‐00 Interest‐2006 Bond (1,000) (1,000) (59) (28) 5.88 75‐4613‐10‐00 Interest 2008 Bond (1,000) (1,000) (3,780) (1,606) 377.98 75‐4615‐10‐00 Interest‐2011 Refd Bond (70) (70) ‐ 75‐4616‐10‐00 Interest 2012 GO Bond (5,000) (5,000) (2,028) (889) 40.57 75‐4999‐10‐00 Bond Proceeds (1,965,000) (1,965,000) ‐ Subtotal object ‐ 0 (1,973,070) (1,973,070) (6,207) (2,690) 0.32 Program number: (1,973,070) (1,973,070) (6,207) (2,690) 0.32 33 of 34Item 5b TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSNOVEMBER 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: 10 Capital Projects (1,973,070) (1,973,070) (6,207) (2,690) 0.32 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (1,973,070) (1,973,070) (6,207) (2,690) 0.32 75‐5110‐10‐00 Salaries & Wages 92,820 92,820 13,256 10,190 14.28 75‐5140‐10‐00 Salaries ‐ Longevity 459 459 ‐ 75‐5141‐10‐00 Salary ‐ Incentive 300 300 ‐ 75‐5145‐10‐00 Social Security Expense 5,802 5,802 805 615 13.88 75‐5150‐10‐00 Medicare Expense 1,357 1,357 188 144 13.88 75‐5155‐10‐00 SUTA Expense 93 93 ‐ 75‐5160‐10‐00 Health Insurance 5,400 5,400 284 284 5.25 75‐5165‐10‐00 Dental Insurance 360 360 24 24 6.71 75‐5170‐10‐00 Life Insurance/AD&D 114 114 11 8 10.03 75‐5175‐10‐00 Liability (TML) Workers' Comp 118 118 146 123.45 75‐5180‐10‐00 TMRS Expense 9,826 9,826 1,392 1,070 14.17 75‐5185‐10‐00 Long Term/Short Term Disabilit 173 173 ‐ 75‐5186‐10‐00 WELLE‐Wellness Prog Reimb‐Empl 420 420 ‐ 75‐5412‐10‐00 Professional Serv‐2006 Bond 6,589 6,589 ‐ 75‐5521‐10‐00 Cell Phone Expense 113 113 ‐ 75‐5533‐10‐00 Mileage Expense 1,657 1,657 ‐ 75‐6112‐10‐00 Capital Expenditures‐2006 Bond 1,021 1,021 ‐ 75‐6113‐10‐00 Capital Expenditure 2008 Bond 980,493 980,493 ‐ 75‐6610‐10‐00 Construction 4,662,758 4,662,758 ‐ Subtotal object ‐ 0 4,780,000 4,780,000 1,005,980 1,002,209 21.05 Program number: 4,780,000 4,780,000 1,005,980 1,002,209 21.05 Department number: 10 Capital Projects 4,780,000 4,780,000 1,005,980 1,002,209 21.05 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 4,780,000 4,780,000 1,005,980 1,002,209 21.05 Fund number: 75 Capital Projects 2,806,930 2,806,930 999,774 999,518 35.62 76‐4610‐10‐00 Interest Income (50,000) (50,000) (6,763) (2,965) 13.53 76‐4999‐10‐00 Bond Proceeds (1,000,000) (1,000,000) ‐ Subtotal object ‐ 0 (1,050,000) (1,050,000) (6,763) (2,965) 0.64 Program number: (1,050,000) (1,050,000) (6,763) (2,965) 0.64 Department number: 10 Capital Projects‐W/S (1,050,000) (1,050,000) (6,763) (2,965) 0.64 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (1,050,000) (1,050,000) (6,763) (2,965) 0.64 76‐6610‐10‐00 Construction 1,000,000 1,000,000 ‐ 76‐6610‐10‐00‐1202‐WA Construction 72,000 72,000 ‐ 76‐6610‐10‐00‐1203‐SW Construction 147 ‐ 76‐6610‐10‐00‐1203‐WA Construction 239 ‐ Subtotal object ‐ 0 1,000,000 1,000,000 72,386 72,000 7.24 Program number: 1,000,000 1,000,000 72,386 72,000 7.24 Department number: 10 Capital Projects‐W/S 1,000,000 1,000,000 72,386 72,000 7.24 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 1,000,000 1,000,000 72,386 72,000 7.24 Fund number: 76 Capital Projects ‐ Water/Sewer (50,000) (50,000) 65,623 69,035 ####### 34 of 34Item 5b Prosper is a place where everyone matters. MONTHLY FINANCIAL REPORT DECEMBER 2013 Prepared by Finance Department January 21, 2014 Item 5c TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT DECEMBER 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 Impact Fees Fund 7 Special Revenue Fund 8 Employee Health Trust Fund 9 Capital Projects Fund‐‐General 10 Capital Projects Fund‐‐Water/Sewer 11 Detail‐‐All Funds 12 Legend "Compare to" refers to percentage of fiscal year completed‐‐e.g. 25.00% = 3/12, or December. Parentheses around a number indicate credit amount or gain‐‐e.g., Sales Taxes (664,683). Red, yellow, and green traffic lights indicate status of number compared to percentage of fiscal year completed‐‐e.g., Sales Taxes 24.33 Item 5c TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT DECEMBER 2013 COMPARE TO:25.00% Currrent Current Current Year YTD Month Percent YTD Amended Budget Actual Actual % GENERAL FUND Property Taxes ‐Current (5,176,475) (3,051,259) (2,737,049) 58.94 Sales Taxes (2,732,400) (664,683) (201,982) 24.33 Franchise Fees (473,000) (28,903) ‐ 6.11 Building Permits (1,554,300) (439,300) (146,503) 28.26 Fines (215,000) (53,396) (19,771) 24.84 Other (1,610,142) (459,958) (146,413) 28.57 Total Revenues (11,761,317) (4,697,499) (3,251,719) 39.94 [1] 10 Administration 1,844,468 484,998 143,114 26.29 20 Police 1,834,258 335,364 102,420 18.28 [2] 25 Dispatch Department 644,690 178,342 46,291 27.66 30 Fire/EMS 2,566,238 549,020 177,721 21.39 35 Fire Marshall 123,595 26,404 7,859 21.36 40 Streets 1,367,305 79,901 21,889 5.84 45 Public Library 98,041 17,001 8,595 17.34 60 Parks and Recreation 1,778,550 281,724 116,449 15.84 70 Municipal Court 257,028 37,191 12,766 14.47 80 Inspections 796,782 136,534 42,201 17.14 85 Code Enforcement 164,151 19,942 7,207 12.15 90 Planning 495,505 68,867 22,187 13.90 98 Engineering 487,149 84,948 37,001 17.44 Total Expenses 12,457,760 2,300,238 745,698 18.46 (Gain)/Loss 696,443 (2,397,261) (2,506,021) NOTES: [1] Administration expenses FYTD include $15,925 audit fees, $19,154 Appraisal (District) fees, $10,000 Contracted Services for Ion Wave electronic purchasing subscription, and $12,584 in Ch. 380 Program Grant Expense catch‐up payments to Precision Landscape and Denton County Fresh Water Supply District No. 10. [2]Dispatch Department expenses include Contracted Services expenses of $33,000 to Integrated Computer Systems for annual computer aided dispatch feeand $28,000 to DFW Communications for annual radio service agreement. 1 of 36 Item 5c TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT DECEMBER 2013 COMPARE TO:25.00% Currrent Current Current Year YTD Month Percent YTD Amended Budget Actual Actual % WATER‐SEWER FUND Water revenues (5,671,600) (1,213,661) (318,497) 21.40 Sewer revenues (2,397,850) (681,617) (225,400) 28.43 Sanitation revenues (906,000) (253,919) (83,029) 28.03 Total Revenues (8,975,450) (2,149,197) (626,926) 23.95 50 Water 6,436,590 954,366 412,666 14.83 55 Sewer 1,868,706 484,330 123,345 25.92 57 Utility Billing 972,042 188,940 86,854 19.44 Total Expenses 9,277,338 1,627,637 622,864 17.54 (Gain)/Loss 301,888 (521,560) (4,061) 2 of 36 Item 5c TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT DECEMBER 2013 COMPARE TO:16.67% Currrent Current Current Year YTD Month Percent YTD Amended Budget Actual Actual % INTEREST & SINKING FUND Property Taxes ‐Delinquent (30,000) (14,989) (696) 49.96 Property Taxes ‐Current (2,763,240) (1,812,930) (1,626,240) 65.61 Taxes ‐Penalties (18,000) (3,641) (139) 20.23 Interest Income (12,000) (934) 385 7.79 Total Revenues (2,823,240) (1,832,494) (1,626,690) 64.91 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 (36,978) (37,678) (1.85) Total Expenses 2,821,380 (36,978) (37,678) (0.01) (Gain)/Loss (1,860) (1,869,472) (1,664,367) 3 of 36 Item 5c TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT DECEMBER 2013 COMPARE TO:25.00% 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) (163) (53) 32.70 Transfer In (19,160) ‐ Total Revenue (49,660) (163) (53) 0.33 MERP H & D Expense ‐ GF 49,000 4,050 4,050 8.27 Total Expenses 49,000 4,050 4,050 8.27 (Gain)/Loss (660) 3,887 3,997 4 of 36 Item 5c TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT DECEMBER 2013 COMPARE TO:25.00% Currrent Current Current Year YTD Month Percent YTD Amended Budget Actual Actual % STORM DRAINAGE UTILITY FUND Storm Drainage Utility Fee (228,800) (59,950) (20,131) 26.20 Interest Storm Utility (1,600) (418) (136) 26.10 Total Revenue (230,400) (60,368) (20,267) 26.20 Personnel Expenses 42,649 10,515 3,373 24.66 Program Expenses 351,351 18,997 16,090 5.41 Total Expenses 394,000 29,512 19,463 7.49 (Gain)/Loss 163,600 (30,856) (804) 5 of 36 Item 5c TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT DECEMBER 2013 COMPARE TO:25.00% 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) ‐ Contributions (10,000) (10,000) ‐ Interest‐Park Dedication (1,200) (478) (180) 39.83 Interest‐Park Improvements (350) (190) (61) 54.15 Total Revenue (301,550) (10,667) (10,241) 3.54 Miscellaneous Expense 30 10 ‐ Professional Services‐Pk Ded 5,433 5,433 ‐ Professional Services‐Pk Imp 20,000 ‐ Capital Exp‐Pk Improvements 30,000 ‐ Capital Exp‐Pk Dedication 650,000 ‐ Total Expenses 700,000 5,463 5,443 0.78 (Gain)/Loss 398,450 (5,204) (4,798) 6 of 36 Item 5c TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT DECEMBER 2013 COMPARE TO:25.00% Currrent Current Current Year YTD Month Percent YTD Amended Budget Actual Actual % IMPACT FEES FUND [1] Impact Fees ‐Water (800,000) (493,140) (79,991) 61.64 Impact Fees ‐Sewer (700,000) (101,919) (32,281) 14.56 Thoroughfare Impact Fees (1,100,000) (269,689) (89,232) 24.52 West Thorfare Imp. Fees Rev (71,496) (683) ‐ Interest‐Water Impact Fee (4,000) (1,007) (361) 25.19 Interest‐Sewer Impact Fee (4,000) (454) (171) 11.34 Interest‐Thorfare Imp Fee (12,000) (871) (353) 7.26 Interest‐West Thorfare imp fee (340) (120) ‐ Total Revenue (2,620,000) (938,917) (203,193) 35.84 [2] Professional Serv‐Water Imp Fee 1,220,000 42,418 2,359 3.48 Professional Serv‐Sewer Imp Fee 255,000 ‐ Professional Serv‐Thorfare Imp Fee 60,000 ‐ [3] Capital Expenditure‐Water 232,745 232,745 ‐ Transfer to Capital Proj Fund 300,000 ‐ Total Expenses 1,835,000 275,163 235,104 15.00 (Gain)/Loss (785,000) (663,753) 31,912 NOTES: [1]Impact Fees‐Water revenue includes $200,000 for RaceTrac agreement 10/29/2013. [2] Professional Services‐‐Water Impact Fees include payments to Freese & Nichols for Upper Plan Water Line Design and Spiars Engineering for RaceTrac water line design. [3] Capital Expenditure‐Water includes $221,108 payment to Dickerson Construction for RaceTrac offsite water line. 7 of 36 Item 5c TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT DECEMBER 2013 COMPARE TO:25.00% Currrent Current Current Year YTD Month Percent YTD Amended Budget Actual Actual % SPECIAL REVENUE FUND Police Donation Inc (16,000) (1,935) (1,144) 12.09 Fire Dept‐Donation Inc (12,000) (2,605) (798) 21.71 Safety Fair Donations (2,000) ‐ Child Safety Inc (9,000) (3,532) (3,532) 39.24 Court Security Revenue (2,900) (743) (394) 25.62 Technology Fd Revenue (4,000) (993) (527) 24.82 Interest Income (862) (423) ‐ Country Xmas Donations (10,000) (10,150) (9,400) 101.50 Tree Mitigation Revenue (14,175) ‐ Cash Seizure Forfeit‐PD (500) (2,250) (2,250) 450.00 Total Revenue (56,400) (37,244) (18,467) 66.04 Country Xmas Expense 10,000 ‐ Court Technology Expense 12,200 3,571 3,564 29.27 Court Security Expense 2,500 204 68 8.16 Police Donation Exp 8,000 4,000 4,000 50.00 Fire Dept Donation Exp 8,000 1,199 592 14.99 Health & Safety Fair Exp 1,500 ‐ Child Safety Expense 1,000 ‐ [1] Escrow Expense 15,500 182,024 182,024 1,174.35 Volunteer Per Diem Expense 165 ‐ Special Operations 500 ‐ Total Expenses 59,200 191,164 190,249 322.91 (Gain)/Loss 2,800 153,920 171,781 NOTES: [1]Escrow Expense includes $182,024 payment to KCK Utilities for West Side Sewer Line. 8 of 36 Item 5c TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT DECEMBER 2013 COMPARE TO:25.00% Currrent Current Current Year YTD Month Percent YTD Amended Budget Actual Actual % EMPLOYEE HEALTH TRUST FUND N/A N/A N/A Total Revenue N/A ‐ ‐ N/A Health Insurance ‐ 21 21 N/A Total Expenses ‐ 21 21 N/A Revenues (over)/under expenses N/A 21 21 NOTE: The Employee Health Trust Fund accounts for the Town's Flexible Spending Account (FSA) program, which is funded by employee payroll deductions held in liability accounts. There are no revenues, and the only expenses are administrative. 9 of 36 Item 5c TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT DECEMBER 2013 COMPARE TO:25.00% Currrent Current Current Year YTD Month Percent YTD Amended Budget Actual Actual % CAPITAL PROJECTS‐‐GENERAL GOVERNMENTAL [1] Contributions (55,000) (55,000) ‐ Interest‐2004 Bond (1,000) (511) (171) 51.14 Interest‐2006 Bond (1,000) (84) (25) 8.42 Interest 2008 Bond (1,000) (4,926) (1,147) 492.64 Interest‐2011 Refd Bond (70) ‐ Interest 2012 GO Bond (5,000) (2,942) (913) 58.83 Bond Proceeds (1,965,000) ‐ Total Revenues (1,973,070) (63,464) (57,257) 3.22 Salaries & Wages 92,820 20,050 6,794 21.60 Salaries ‐ Longevity 459 ‐ Salary ‐ Incentive 300 ‐ Social Security Expense 5,802 1,210 405 20.85 Medicare Expense 1,357 283 95 20.85 SUTA Expense 93 (252) (252) ####### Health Insurance 5,400 851 567 15.76 Dental Insurance 360 48 24 13.41 Life Insurance/AD&D 114 19 8 16.94 Liability (TML) Workers' Comp 118 146 123.45 TMRS Expense 9,826 2,105 713 21.43 Long Term/Short Term Disabilit 173 ‐ WELLE‐Wellness Prog Reimb‐Empl 420 ‐ Professional Serv‐2006 Bond 6,589 ‐ Cell Phone Expense 113 ‐ Mileage Expense 1,657 ‐ Capital Expenditures‐2006 Bond 3,411 2,390 ‐ [2] Capital Expenditure 2008 Bond 980,493 ‐ Capital Expenditure ‐ WS Prjts 1,100 1,100 ‐ Construction 4,662,758 ‐ Total Expenses 4,780,000 1,017,824 11,843 21.29 (Gain)/Loss 2,806,930 954,360 (45,413) NOTES: [1] Contributions revenue account includes $55,000 from agreement with Prosper EDC for First/Coit drainage. [2] 2008 bond project expense includes $927,579 payment to Tiseo Paving for First and Coit project. 10 of 36 Item 5c TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT DECEMBER 2013 COMPARE TO:25.00% Currrent Current Current Year YTD Month Percent YTD Amended Budget Actual Actual % CAPITAL PROJECTS‐‐WATER/SEWER Interest Income (50,000) (9,809) (3,047) 19.62 Bond Proceeds (1,000,000) ‐ Total Revenue (1,050,000) (9,809) (3,047) 0.93 Construction 1,000,000 ‐ [1] Construction 1202‐WA 72,000 ‐ Construction 1203‐SW 2,410 2,263 ‐ Construction 1203‐WA 3,932 3,692 ‐ Total Expenses 1,000,000 78,341 5,955 7.83 (Gain)/Loss (50,000) 68,532 2,909 NOTES: [1] 2012 bond construction expense includes $72,000 payment to Cardinal Contractors for Custer Road pump station improvement project. 11 of 36 Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 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) (75,000) (11,666) (10,416) 15.56 10‐4060‐10‐00 NSF Fees (50) (50) ‐ 10‐4061‐10‐00 Notary Fees (150) (150) (60) (20) 40.00 10‐4105‐10‐00 Property Taxes ‐Delinquent (45,000) (45,000) (23,698) (1,086) 52.66 10‐4110‐10‐00 Property Taxes ‐Current (5,176,475) (5,176,475) (3,051,259) (2,737,049) 58.95 10‐4115‐10‐00 Taxes ‐Penalties (20,000) (20,000) (6,449) (547) 32.24 10‐4120‐10‐00 Sales Taxes (2,732,400) (2,732,400) (664,683) (201,982) 24.33 10‐4130‐10‐00 Sales Tax‐Mixed Beverage (4,500) (4,500) ‐ 10‐4140‐10‐00 Franchise Taxes ‐ Electric (270,000) (270,000) ‐ 10‐4150‐10‐00 Franchise Taxes ‐ Telephone (100,000) (100,000) (23,387) 23.39 10‐4160‐10‐00 Franchise Taxes ‐ Gas (80,000) (80,000) ‐ 10‐4170‐10‐00 Franchise Taxes ‐ Road Usage (3,500) (3,500) (567) 16.19 10‐4190‐10‐00 Franchise Fee‐Cable (19,500) (19,500) (4,950) 25.38 10‐4200‐10‐00 T‐Mobile Fees (20,700) (20,700) (5,175) (1,725) 25.00 10‐4201‐10‐00 Tierone Converged Network (30,000) (30,000) (4,500) (1,500) 15.00 10‐4202‐10‐00 NTTA Tag Sales (150) (150) ‐ 10‐4205‐10‐00 Internet America (18,000) (18,000) (4,500) (1,500) 25.00 10‐4218‐10‐00 Administrative Fees‐EDC (2,400) (2,400) (600) (200) 25.00 10‐4610‐10‐00 Interest Income (60,000) (60,000) (13,293) (8,485) 22.16 10‐4910‐10‐00 Other Revenue (20,000) (20,000) (9,124) (2,299) 45.62 10‐4995‐10‐00 Transfer In (801,700) (801,700) (200,425) (66,808) 25.00 Subtotal object ‐ 0 (9,479,525) (9,479,525) (4,024,334) (3,033,618) 42.45 Program number: (9,479,525) (9,479,525) (4,024,334) (3,033,618) 42.45 Department number: 10 Administration (9,479,525) (9,479,525) (4,024,334) (3,033,618) 42.45 10‐4230‐20‐00 Other Permits (150) (25) ‐ 10‐4440‐20‐00 Accident Reports (1,500) (1,500) (179) (44) 11.93 10‐4450‐20‐00 Alarm Fee (39,000) (39,000) (8,966) (3,361) 22.99 Subtotal object ‐ 0 (40,500) (40,500) (9,295) (3,430) 22.95 Program number: (40,500) (40,500) (9,295) (3,430) 22.95 Department number: 20 Police (40,500) (40,500) (9,295) (3,430) 22.95 10‐4310‐30‐00 Charges for Services (177,000) (177,000) (30,312) (21,684) 17.13 10‐4510‐30‐00 Grants (3,772) ‐ Subtotal object ‐ 0 (177,000) (177,000) (34,084) (21,684) 19.26 Program number: (177,000) (177,000) (34,084) (21,684) 19.26 Department number: 30 Fire/EMS (177,000) (177,000) (34,084) (21,684) 19.26 10‐4315‐35‐00 Fire Review/Inspect Fees (11,000) (11,000) (1,600) (175) 14.55 Subtotal object ‐ 0 (11,000) (11,000) (1,600) (175) 14.55 Program number: (11,000) (11,000) (1,600) (175) 14.55 Department number: 35 Fire Marshall (11,000) (11,000) (1,600) (175) 14.55 10‐4510‐45‐00 Grants (18,087) (18,087) ‐ 10‐4910‐45‐00 Other Revenue (125) (125) (250) (250) 200.00 Subtotal object ‐ 0 (18,212) (18,212) (250) (250) 1.37 12 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 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) (18,212) (250) (250) 1.37 Department number: 45 Public Library (18,212) (18,212) (250) (250) 1.37 10‐4056‐60‐00 Field Rental Fees (17,000) (17,000) (2,939) (45) 17.29 10‐4057‐60‐00 Pavilion User Fees (1,400) (1,400) (410) (90) 29.29 10‐4910‐60‐00 Other Revenue (15,250) (15,250) ‐ Subtotal object ‐ 0 (33,650) (33,650) (3,349) (135) 9.95 Program number: (33,650) (33,650) (3,349) (135) 9.95 Department number: 60 Parks and Recreation (33,650) (33,650) (3,349) (135) 9.95 10‐4030‐70‐00 Miscellaneous 248 ‐ 10‐4410‐70‐00 Fines (215,000) (215,000) (53,396) (19,771) 24.84 10‐4610‐70‐00 Interest Income (130) (130) (105) (42) 80.59 Subtotal object ‐ 0 (215,130) (215,130) (53,501) (19,565) 24.87 Program number: (215,130) (215,130) (53,501) (19,565) 24.87 Department number: 70 Municipal Court (215,130) (215,130) (53,501) (19,565) 24.87 10‐4011‐80‐00 Permit Application Fee (42,550) ‐ 10‐4013‐80‐00 Permit Expiration Fee (3,771) (3,771) ‐ 10‐4017‐80‐00 Registration Fee (32,000) (32,000) (6,900) (4,300) 21.56 10‐4210‐80‐00 Building Permits (1,554,300) (1,554,300) (439,300) (146,503) 28.26 10‐4230‐80‐00 Other Permits (100,000) (100,000) (23,955) (7,190) 23.96 10‐4240‐80‐00 Plumb/Elect/Mech Permits (15,000) (15,000) (4,740) (1,560) 31.60 10‐4242‐80‐00 Re‐inspection Fees (15,000) (15,000) (6,030) (2,675) 40.20 10‐4910‐80‐00 Other Revenue (3,000) (3,000) (600) (50) 20.00 Subtotal object ‐ 0 (1,719,300) (1,719,300) (527,846) (166,050) 30.70 Program number: (1,719,300) (1,719,300) (527,846) (166,050) 30.70 Department number: 80 Inspections (1,719,300) (1,719,300) (527,846) (166,050) 30.70 10‐4245‐85‐00 Health Inspections (7,000) (7,000) (2,500) (50) 35.71 10‐4910‐85‐00 Other Revenue (4,467) (3,817) ‐ Subtotal object ‐ 0 (7,000) (7,000) (6,967) (3,867) 99.53 Program number: (7,000) (7,000) (6,967) (3,867) 99.53 Department number: 85 Code Enforcement (7,000) (7,000) (6,967) (3,867) 99.53 10‐4220‐90‐00 Zoning Permits (10,000) (10,000) (27,327) (706) 273.27 10‐4225‐90‐00 Plat Fees (50,000) (50,000) (8,225) (2,140) 16.45 10‐4910‐90‐00 Other Revenue (720) (100) ‐ Subtotal object ‐ 0 (60,000) (60,000) (36,272) (2,946) 60.45 Program number: (60,000) (60,000) (36,272) (2,946) 60.45 Department number: 90 Planning (60,000) (60,000) (36,272) (2,946) 60.45 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (11,761,317) (11,761,317) (4,697,499) (3,251,719) 39.94 10‐5110‐10‐00 Salaries & Wages 766,763 766,763 166,097 57,591 21.66 10‐5115‐10‐00 Salaries ‐ Overtime 6,031 6,031 302 266 5.02 10‐5126‐10‐00 Salaries‐Vacation Buy‐Out 3,077 ‐ 10‐5140‐10‐00 Salaries ‐ Longevity Pay 1,338 1,338 420 31.39 10‐5141‐10‐00 Salaries ‐ Incentive 24,343 24,343 1,000 1,000 4.11 13 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5142‐10‐00 Car Allowance 1,362 462 ‐ 10‐5145‐10‐00 Social Security Expense 49,505 49,505 7,474 2,609 15.10 10‐5150‐10‐00 Medicare Expense 11,578 11,578 2,372 806 20.48 10‐5155‐10‐00 SUTA Expense 798 798 (402) (402) (50.39) 10‐5160‐10‐00 Health Insurance 49,119 49,119 9,490 3,933 19.32 10‐5165‐10‐00 Dental Insurance 3,275 3,275 451 193 13.78 10‐5170‐10‐00 Life Insurance/AD&D 777 777 202 84 26.04 10‐5175‐10‐00 Liability (TML) Workers' Comp 1,010 1,010 2,656 262.92 10‐5176‐10‐00 TML Prop. & Liab. Insurance 100,000 100,000 76,310 76.31 10‐5180‐10‐00 TMRS Expense 83,840 83,840 18,098 6,234 21.59 10‐5185‐10‐00 Long Term/Short Term Disabilit 1,072 1,072 224 20.87 10‐5186‐10‐00 WELLE‐Wellness Prog Reimb Empl 3,780 3,780 103 53 2.73 10‐5190‐10‐00 Contract Labor 35,000 35,000 1,658 510 4.74 10‐5191‐10‐00 Hiring Cost 15,000 15,000 430 2.87 10‐5193‐10‐00 Records Retention 1,000 1,000 198 19.83 10‐5210‐10‐00 Office Supplies 5,000 5,000 1,569 442 31.37 10‐5212‐10‐00 Building Supplies 1,500 1,500 461 201 30.75 10‐5230‐10‐00 Dues,Fees,& Subscriptions 10,000 10,000 3,358 1,464 33.58 10‐5240‐10‐00 Postage and Delivery 3,000 3,000 ‐ 10‐5250‐10‐00 Publications 500 500 715 524 143.04 10‐5260‐10‐00 Advertising 300 300 ‐ 10‐5265‐10‐00 Promotional Expense 29 ‐ 10‐5270‐10‐00 Bank Charges 200 200 30 15.00 10‐5280‐10‐00 Printing and Reproduction 2,000 2,000 1,017 49 50.84 10‐5290‐10‐00 Miscellaneous Expense 58 ‐ 10‐5305‐10‐00 Chapt 380 Program Grant Exp 10,000 10,000 12,584 12,584 125.84 10‐5310‐10‐00 Rental Expense 58,782 58,782 525 175 0.89 10‐5330‐10‐00 Copier Expense 27,000 27,000 5,130 1,710 19.00 10‐5340‐10‐00 Building Repairs 2,500 2,500 110 110 4.40 10‐5410‐10‐00 Professional Services 45,000 45,000 19,891 10,861 44.20 10‐5412‐10‐00 Audit Fees 40,000 40,000 15,925 39.81 10‐5414‐10‐00 Appraisal / Tax Fees 53,000 53,000 19,154 5,969 36.14 10‐5418‐10‐00 IT Fees 135,000 135,000 28,887 9,607 21.40 10‐5419‐10‐00 IT Licenses 10,000 10,000 10,345 7,500 103.45 10‐5430‐10‐00 Legal Fees 40,000 40,000 11,517 5,588 28.79 10‐5435‐10‐00 Legal Notices/Filings 8,500 8,500 1,044 12.28 10‐5460‐10‐00 Election Expense 15,000 15,000 186 62 1.24 10‐5480‐10‐00 Contracted Services 18,000 18,000 17,544 2,696 97.47 10‐5520‐10‐00 Telephones 18,000 18,000 16,724 4,808 92.91 10‐5521‐10‐00 Cell Phone Expense 6,000 6,000 622 10.37 10‐5524‐10‐00 Gas‐Building 500 500 118 43 23.62 10‐5525‐10‐00 Electricity 10,000 10,000 1,297 365 12.97 14 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5526‐10‐00 Data Network 15,000 15,000 8,865 3,251 59.10 10‐5530‐10‐00 Travel/Lodging/Meals Expense 8,000 8,000 2,772 34.65 10‐5532‐10‐00 Entertainment 750 750 ‐ 10‐5533‐10‐00 Mileage Expense 5,000 5,000 314 6.28 10‐5536‐10‐00 Training/Seminars 40,000 40,000 5,685 195 14.21 10‐5538‐10‐00 Council/Public Official Expens 20,000 20,000 5,782 536 28.91 10‐5600‐10‐00 Special Events 38,000 38,000 1,217 1,036 3.20 10‐7000‐10‐00 Contingency 26,707 26,707 ‐ 10‐7143‐10‐00 Transfer to Internal Serv. Fd 17,000 17,000 ‐ Subtotal object ‐ 0 1,844,468 1,844,468 484,998 143,114 26.30 Program number: 1,844,468 1,844,468 484,998 143,114 26.30 Department number: 10 Administration 1,844,468 1,844,468 484,998 143,114 26.30 10‐5110‐20‐00 Salaries & Wages 966,557 966,557 191,417 64,864 19.80 10‐5115‐20‐00 Salaries ‐ Overtime 35,000 35,000 10,333 4,607 29.52 10‐5126‐20‐00 Salaries‐Vacation Buy‐Out 3,138 ‐ 10‐5127‐20‐00 Salaries‐Certification Pay 11,800 11,800 2,968 1,006 25.15 10‐5140‐20‐00 Salaries ‐ Longevity Pay 5,690 5,690 4,555 80.05 10‐5141‐20‐00 Salaries ‐ Incentive 650 650 ‐ 10‐5145‐20‐00 Social Security Expense 63,026 63,026 12,924 4,365 20.51 10‐5150‐20‐00 Medicare Expense 14,740 14,740 3,023 1,021 20.51 10‐5155‐20‐00 SUTA Expense 1,017 1,017 (3,006) (3,006) ####### 10‐5160‐20‐00 Health Insurance 86,971 86,971 12,293 4,650 14.13 10‐5165‐20‐00 Dental Insurance 5,798 5,798 828 338 14.28 10‐5170‐20‐00 Life Insurance/AD&D 798 798 884 361 110.72 10‐5175‐20‐00 Liability (TML) Workers' Comp 1,286 1,286 22,272 ####### 10‐5180‐20‐00 TMRS Expense 106,737 106,737 22,611 7,681 21.18 10‐5185‐20‐00 Long Term/Short Term Disabilit 933 933 337 36.13 10‐5186‐20‐00 WELLE‐Wellness Prog Reimb Empl 6,720 6,720 429 175 6.38 10‐5190‐20‐00 Contract Labor 6,000 6,000 1,240 380 20.67 10‐5191‐20‐00 Hiring Cost 900 900 ‐ 10‐5192‐20‐00 Physical & Psychological 825 825 ‐ 10‐5210‐20‐00 Office Supplies 10,500 10,500 594 505 5.66 10‐5212‐20‐00 Building Supplies 2,500 2,500 ‐ 10‐5214‐20‐00 Tactical Supplies 37,190 37,190 200 200 0.54 10‐5215‐20‐00 Ammunition 6,000 6,000 808 13.46 10‐5220‐20‐00 Office Equipment 1,400 1,400 ‐ 10‐5230‐20‐00 Dues,Fees,& Subscriptions 7,000 7,000 1,362 372 19.46 10‐5240‐20‐00 Postage and Delivery 750 750 11 1.49 10‐5250‐20‐00 Publications 500 500 ‐ 10‐5260‐20‐00 Advertising 250 250 ‐ 10‐5265‐20‐00 Promotional Expense 2,250 2,250 266 266 11.84 10‐5280‐20‐00 Printing and Reproduction 500 500 69 69 13.70 15 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5310‐20‐00 Rental Expense 3,000 3,000 930 310 30.99 10‐5320‐20‐00 Repairs & Maintenance 750 750 ‐ 10‐5330‐20‐00 Copier Expense 445 ‐ 10‐5335‐20‐00 Radio/Video Repairs 2,000 2,000 ‐ 10‐5340‐20‐00 Building Repairs 1,000 1,000 215 21.50 10‐5350‐20‐00 Vehicle Expense 60,000 60,000 7,661 5,452 12.77 10‐5352‐20‐00 Fuel 80,000 80,000 5,452 2,028 6.81 10‐5353‐20‐00 Oil/Grease/Inspections 2,150 2,150 22 1.02 10‐5400‐20‐00 Uniform Expense 16,500 16,500 1,779 71 10.78 10‐5410‐20‐00 Professional Services 760 760 ‐ 10‐5415‐20‐00 Tuition Reimbursement 12,000 12,000 1,850 1,850 15.42 10‐5418‐20‐00 IT Fees 3,950 3,950 ‐ 10‐5419‐20‐00 IT Licenses 3,000 3,000 ‐ 10‐5430‐20‐00 Legal Fees 10,000 10,000 561 249 5.61 10‐5480‐20‐00 Contracted Services 20,000 (9,040) 10,960 4,971 21 45.35 10‐5520‐20‐00 Telephones 8,000 8,000 2,448 816 30.60 10‐5521‐20‐00 Cell Phone Expense 5,000 5,000 702 14.04 10‐5525‐20‐00 Electricity 10,000 10,000 2,445 688 24.45 10‐5526‐20‐00 Data Network 13,760 13,760 1,634 532 11.87 10‐5530‐20‐00 Travel/Lodging/Meals Expense 5,000 5,000 2,943 58.85 10‐5533‐20‐00 Mileage Expense 2,500 2,500 ‐ 10‐5536‐20‐00 Training/Seminars 26,500 26,500 2,975 1,900 11.23 10‐5600‐20‐00 Special Events 10,500 10,500 120 1.14 10‐5630‐20‐00 Safety Equipment 18,750 21,980 40,730 ‐ 10‐5640‐20‐00 Signs & Hardware 500 500 ‐ 10‐6160‐20‐00 Capital Expenditure ‐ Vehicles 135,000 (12,940) 122,060 8,010 6.56 Subtotal object ‐ 0 1,834,258 1,834,258 335,364 102,420 18.28 Program number: 1,834,258 1,834,258 335,364 102,420 18.28 Department number: 20 Police 1,834,258 1,834,258 335,364 102,420 18.28 10‐5110‐25‐00 Salaries & Wages 312,860 312,860 58,699 19,623 18.76 10‐5115‐25‐00 Salaries ‐ Overtime 15,000 15,000 3,916 1,328 26.11 10‐5127‐25‐00 Salaries‐Certification Pay 7,000 7,000 1,444 434 20.62 10‐5140‐25‐00 Salaries ‐ Longevity Pay 1,507 1,507 635 42.14 10‐5145‐25‐00 Social Security Expense 20,855 20,855 3,774 1,230 18.10 10‐5150‐25‐00 Medicare Expense 4,877 4,877 883 288 18.10 10‐5155‐25‐00 SUTA Expense 336 336 (979) (979) ####### 10‐5160‐25‐00 Health Insurance 37,800 37,800 5,464 1,942 14.45 10‐5165‐25‐00 Dental Insurance 2,520 2,520 308 121 12.21 10‐5170‐25‐00 Life Insurance 416 416 100 39 24.15 10‐5175‐25‐00 Liability (TML) Workers' Comp 426 426 642 150.82 10‐5180‐25‐00 TMRS Expense 34,483 34,483 6,101 1,945 17.69 10‐5185‐25‐00 Long Term/Short Term Disabilit 350 350 98 28.11 16 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5186‐25‐00 WELLE‐Wellness Prog Reimb Empl 3,360 3,360 257 105 7.66 10‐5191‐25‐00 Hiring Cost 300 300 301 100.34 10‐5192‐25‐00 Physical & Psychological 300 1,000 1,300 650 500 50.00 10‐5210‐25‐00 Supplies 3,000 3,000 470 15.67 10‐5212‐25‐00 Building Supplies 1,500 1,500 ‐ 10‐5220‐25‐00 Office Equipment 2,440 2,440 49 2.02 10‐5230‐25‐00 Dues,Fees,& Subscriptions 2,000 2,000 177 8.85 10‐5240‐25‐00 Postage and Delivery 100 100 ‐ 10‐5250‐25‐00 Publications 100 100 ‐ 10‐5280‐25‐00 Printing and Reproduction 100 100 ‐ 10‐5320‐25‐00 Repairs & Maintenance 500 500 ‐ 10‐5340‐25‐00 Building Repairs 750 750 ‐ 10‐5400‐25‐00 Uniform Expense 1,710 1,710 ‐ 10‐5415‐25‐00 Tuition Reimbursement 6,000 (1,000) 5,000 ‐ 10‐5418‐25‐00 IT Fees 4,500 4,500 323 7.17 10‐5419‐25‐00 IT Licenses 5,000 5,000 ‐ 10‐5430‐25‐00 Legal Fees 2,450 2,450 ‐ 10‐5480‐25‐00 Contracted Services 155,000 155,000 90,981 18,997 58.70 10‐5520‐25‐00 Telephones 2,500 2,500 468 181 18.74 10‐5521‐25‐00 Cell Phone Expense 700 700 74 10.54 10‐5524‐25‐00 Gas‐Building 400 400 112 38 28.09 10‐5526‐25‐00 Data Network 4,600 4,600 1,214 498 26.40 10‐5530‐25‐00 Travel/Lodging/Meals Expense 1,950 1,950 583 29.90 10‐5533‐25‐00 Mileage Expense 1,000 1,000 375 37.49 10‐5536‐25‐00 Training/Seminars 5,000 5,000 1,222 24.44 10‐5600‐25‐00 Special Events 1,000 1,000 ‐ Subtotal object ‐ 0 644,690 644,690 178,342 46,291 27.66 Program number: 644,690 644,690 178,342 46,291 27.66 Department number: 25 Dispatch Department 644,690 644,690 178,342 46,291 27.66 10‐5110‐30‐00 Salaries & Wages 1,438,167 1,438,167 292,554 99,127 20.34 10‐5115‐30‐00 Salaries ‐ Overtime 230,000 230,000 58,655 29,598 25.50 10‐5127‐30‐00 Salaries‐Certification Pay 16,000 16,000 3,322 1,126 20.77 10‐5140‐30‐00 Salaries ‐ Longevity Pay 12,606 12,606 7,555 59.93 10‐5141‐30‐00 Salaries ‐ Incentive 1,750 1,750 ‐ 10‐5145‐30‐00 Social Security Expense 105,200 105,200 21,653 7,792 20.58 10‐5150‐30‐00 Medicare Expense 24,603 24,603 5,064 1,822 20.58 10‐5155‐30‐00 SUTA Expense 1,697 1,697 (4,865) (4,865) ####### 10‐5160‐30‐00 Health Insurance 146,880 146,880 19,459 7,546 13.25 10‐5165‐30‐00 Dental Insurance 9,792 9,792 1,183 483 12.08 10‐5170‐30‐00 Life Insurance/AD&D 12,489 12,489 1,287 525 10.30 10‐5171‐30‐00 Life Insurance‐Supplemental 7,921 ‐ 10‐5175‐30‐00 Liability (TML) Workers Comp 2,147 2,147 26,555 ####### 17 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5180‐30‐00 TMRS Expense 158,365 158,365 36,916 13,457 23.31 10‐5185‐30‐00 Long Term/Short Term Disabilit 2,502 2,502 488 19.52 10‐5186‐30‐00 WELLE‐Wellness Prog Reimb Empl 8,400 8,400 1,372 560 16.33 10‐5191‐30‐00 Hiring Cost 1,000 1,000 ‐ 10‐5194‐30‐00 FD Annual Phy & Screening 16,000 16,000 752 4.70 10‐5210‐30‐00 Office Supplies 4,848 4,848 185 3.81 10‐5212‐30‐00 Building Supplies 4,000 4,000 2,205 300 55.13 10‐5230‐30‐00 Dues,Fees,& Subscriptions 3,500 3,500 2,890 170 82.57 10‐5240‐30‐00 Postage and Delivery 250 250 81 32.25 10‐5250‐30‐00 Publications 350 350 ‐ 10‐5280‐30‐00 Printing and Reproduction 500 500 256 51.20 10‐5320‐30‐00 Repairs & Maintenance 6,500 6,500 1,206 132 18.56 10‐5335‐30‐00 Radio/Video Repairs 20,000 20,000 120 120 0.60 10‐5340‐30‐00 Building Repairs 20,000 20,000 3,703 3,263 18.52 10‐5350‐30‐00 Vehicle Expense 35,000 35,000 6,232 418 17.81 10‐5352‐30‐00 Fuel 35,000 35,000 2,663 919 7.61 10‐5400‐30‐00 Uniform Expense 21,000 21,000 2,878 2,878 13.70 10‐5410‐30‐00 Professional Services 10,500 10,500 ‐ 10‐5418‐30‐00 IT Fees 7,500 7,500 419 419 5.58 10‐5440‐30‐00 EMS 74,000 74,000 15,037 2,711 20.32 10‐5480‐30‐00 Contracted Services 10,000 10,000 120 1.20 10‐5520‐30‐00 Telephones 12,500 12,500 12,410 3,807 99.28 10‐5521‐30‐00 Cell Phone Expense 8,000 8,000 899 11.24 10‐5524‐30‐00 Gas ‐ Building 7,000 7,000 416 179 5.95 10‐5525‐30‐00 Electricity 22,000 22,000 4,235 1,085 19.25 10‐5526‐30‐00 Data Network 12,442 12,442 5,360 1,588 43.08 10‐5530‐30‐00 Travel/Lodging/Meals Expense 3,000 3,000 951 295 31.72 10‐5533‐30‐00 Mileage Expense 1,500 1,500 ‐ 10‐5536‐30‐00 Training/Seminars 18,000 18,000 3,975 22.08 10‐5610‐30‐00 Fire Fighting Equipment 18,000 18,000 863 415 4.79 10‐5630‐30‐00 Safety Equipment 25,000 25,000 296 99 1.18 Subtotal object ‐ 0 2,566,238 2,566,238 549,020 177,721 21.39 Program number: 2,566,238 2,566,238 549,020 177,721 21.39 Department number: 30 Fire/EMS 2,566,238 2,566,238 549,020 177,721 21.39 10‐5110‐35‐00 Salaries & Wages 82,318 82,318 18,314 6,208 22.25 10‐5140‐35‐00 Salaries ‐ Longevity Pay 752 752 570 75.80 10‐5145‐35‐00 Social Security Expense 5,150 5,150 1,034 329 20.07 10‐5150‐35‐00 Medicare Expense 1,205 1,205 242 77 20.06 10‐5155‐35‐00 SUTA Expense 83 83 (252) (252) ####### 10‐5160‐35‐00 Health Insurance 5,400 5,400 1,342 548 24.85 10‐5165‐35‐00 Dental Insurance 360 360 59 24 16.43 10‐5170‐35‐00 Life Insurance/AD&D 114 114 64 26 56.44 18 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5175‐35‐00 Liability (TML) Workers' Comp 105 105 1,328 ####### 10‐5180‐35‐00 TMRS Expense 8,722 8,722 1,983 652 22.73 10‐5185‐35‐00 Long Term/Short Term Disabilit 153 153 32 21.10 10‐5186‐35‐00 WELLE‐Wellness Prog Reimb Empl 420 420 ‐ 10‐5193‐35‐00 Records Retention 250 250 ‐ 10‐5194‐35‐00 FD Annual Phy & Screening 650 650 ‐ 10‐5210‐35‐00 Supplies 300 300 ‐ 10‐5230‐35‐00 Dues,Fees,& Subscriptions 600 600 ‐ 10‐5240‐35‐00 Postage and Delivery 60 60 ‐ 10‐5250‐35‐00 Publications 550 550 ‐ 10‐5280‐35‐00 Printing and Reproduction 500 500 ‐ 10‐5350‐35‐00 Vehicle Expense 1,953 1,953 ‐ 10‐5352‐35‐00 Fuel 2,000 2,000 178 59 8.90 10‐5353‐35‐00 Oil/Grease/Inspections 500 500 ‐ 10‐5400‐35‐00 Uniform Expense 1,050 1,050 98 98 9.31 10‐5418‐35‐00 IT Fees 200 200 ‐ 10‐5430‐35‐00 Legal Fees 2,000 2,000 ‐ 10‐5520‐35‐00 Telephones 900 900 90 90 10.00 10‐5521‐35‐00 Cell Phone Expense 1,200 1,200 173 14.40 10‐5530‐35‐00 Travel/Lodging/Meals Expense 500 500 850 170.00 10‐5536‐35‐00 Training/Seminars 3,200 3,200 300 9.38 10‐5620‐35‐00 Tools & Equipment 150 150 ‐ 10‐5630‐35‐00 Safety Equipment 1,000 1,000 ‐ 10‐5640‐35‐00 Signs & Hardware 1,250 1,250 ‐ Subtotal object ‐ 0 123,595 123,595 26,404 7,859 21.36 Program number: 123,595 123,595 26,404 7,859 21.36 Department number: 35 Fire Marshall 123,595 123,595 26,404 7,859 21.36 10‐5110‐40‐00 Salaries & Wages 93,646 93,646 20,834 7,062 22.25 10‐5115‐40‐00 Salaries ‐ Overtime 4,000 4,000 2,157 1,772 53.93 10‐5140‐40‐00 Salaries ‐ Longevity Pay 1,237 1,237 1,000 80.84 10‐5145‐40‐00 Social Security Expense 6,131 6,131 1,468 541 23.94 10‐5150‐40‐00 Medicare Expense 1,434 1,434 343 126 23.94 10‐5155‐40‐00 SUTA Expense 99 99 (414) (414) ####### 10‐5160‐40‐00 Health Insurance 10,800 10,800 1,577 598 14.60 10‐5165‐40‐00 Dental Insurance 720 720 118 48 16.43 10‐5170‐40‐00 Life Insurance/AD&D 196 196 39 16 19.70 10‐5175‐40‐00 Liability (TML) Workers Comp 125 125 4,540 ####### 10‐5180‐40‐00 TMRS Expense 10,383 10,383 2,537 935 24.44 10‐5185‐40‐00 Long Term/Short Term Disabilit 174 174 34 19.35 10‐5186‐40‐00 WELLE‐Wellness Prog Reimb Empl 840 840 172 70 20.42 10‐5191‐40‐00 Hiring Cost 50 50 ‐ 10‐5210‐40‐00 Office Supplies 600 600 ‐ 19 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 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 200 200 ‐ 10‐5250‐40‐00 Publications 50 50 ‐ 10‐5310‐40‐00 Rental Expense 10,000 10,000 3,200 32.00 10‐5320‐40‐00 Repairs & Maintenance 4,000 4,000 ‐ 10‐5321‐40‐00 Signal Light Repairs 7,400 7,400 ‐ 10‐5340‐40‐00 Building Repairs 2,500 2,500 ‐ 10‐5350‐40‐00 Vehicle Expense 5,500 5,500 4,337 167 78.85 10‐5352‐40‐00 Fuel 9,300 9,300 189 80 2.03 10‐5353‐40‐00 Oil/Grease/Inspections 800 800 ‐ 10‐5400‐40‐00 Uniform Expense 3,500 3,500 737 21.06 10‐5410‐40‐00 Professional Services 8,000 8,000 ‐ 10‐5480‐40‐00 Contracted Services 910,720 910,720 ‐ 10‐5520‐40‐00 Telephones 300 300 ‐ 10‐5521‐40‐00 Cell Phone Expense 1,000 1,000 179 17.91 10‐5525‐40‐00 Electricity 100,000 100,000 31,076 10,376 31.08 10‐5530‐40‐00 Travel/Lodging/Meals Expense 800 800 ‐ 10‐5536‐40‐00 Training/Seminars 800 800 ‐ 10‐5620‐40‐00 Tools & Equipment 3,000 3,000 ‐ 10‐5630‐40‐00 Safety Equipment 2,000 2,000 328 16.40 10‐5640‐40‐00 Signs & Hardware 31,000 31,000 556 512 1.79 10‐5650‐40‐00 Maintenance Materials 60,000 60,000 4,894 8.16 10‐6140‐40‐00 Capital Expenditure ‐ Equipmt 76,000 76,000 ‐ Subtotal object ‐ 0 1,367,305 1,367,305 79,901 21,889 5.84 Program number: 1,367,305 1,367,305 79,901 21,889 5.84 Department number: 40 Streets 1,367,305 1,367,305 79,901 21,889 5.84 10‐5110‐45‐00 Salaries & Wages 24,536 24,536 3,987 1,113 16.25 10‐5145‐45‐00 Social Security Expense 849 849 247 69 29.12 10‐5150‐45‐00 Medicare Expense 198 198 58 16 29.20 10‐5155‐45‐00 SUTA Expense 14 14 (79) (79) ####### 10‐5175‐45‐00 Liability (TML)/Workers' Comp 17 17 86 503.88 10‐5190‐45‐00 Contract Labor 40,000 40,000 6,667 6,667 16.67 10‐5210‐45‐00 Supplies 2,000 2,000 553 27.63 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 3,200 57.14 10‐5240‐45‐00 Postage and Delivery 400 400 ‐ 10‐5281‐45‐00 Book Purchases 12,000 12,000 2,283 809 19.03 10‐5418‐45‐00 IT Fees 375 375 ‐ 10‐5480‐45‐00 Contracted Services 2,652 2,652 ‐ 10‐5525‐45‐00 Electricity 5,500 5,500 ‐ 10‐5530‐45‐00 Travel 700 700 ‐ 10‐5533‐45‐00 Mileage Expense 600 600 ‐ 20 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5536‐45‐00 Training/Seminars 500 500 ‐ 10‐5600‐45‐00 Special Events 600 600 ‐ Subtotal object ‐ 0 98,041 98,041 17,001 8,595 17.34 Program number: 98,041 98,041 17,001 8,595 17.34 Department number: 45 Public Library 98,041 98,041 17,001 8,595 17.34 10‐5110‐60‐00 Salaries & Wages 590,082 590,082 98,534 35,315 16.70 10‐5115‐60‐00 Salaries ‐ Overtime 9,000 9,000 2,867 1,022 31.86 10‐5126‐60‐00 Salaries‐Vacation Buy‐Out 772 ‐ 10‐5140‐60‐00 Salaries ‐ Longevity Pay 2,583 2,583 1,735 67.17 10‐5145‐60‐00 Social Security Expense 29,871 29,871 6,096 2,112 20.41 10‐5150‐60‐00 Medicare Expense 6,986 6,986 1,426 494 20.41 10‐5155‐60‐00 SUTA Expense 482 482 (1,409) (1,409) ####### 10‐5160‐60‐00 Health Insurance 75,912 75,912 10,512 4,015 13.85 10‐5165‐60‐00 Dental Insurance 5,061 5,061 591 241 11.69 10‐5170‐60‐00 Life Insurance/AD&D 1,057 1,057 201 87 19.01 10‐5175‐60‐00 Liability (TML) Workers Comp 610 610 5,568 912.80 10‐5180‐60‐00 TMRS Expense 63,175 63,175 10,973 3,841 17.37 10‐5185‐60‐00 Long Term/Short Term Disabilit 876 876 173 19.72 10‐5186‐60‐00 WELLE‐Wellness Prog Reimb Empl 4,620 4,620 600 245 12.99 10‐5191‐60‐00 Hiring Cost 80 80 ‐ 10‐5210‐60‐00 Office Supplies 1,500 1,500 772 270 51.44 10‐5212‐60‐00 Building Supplies 1,500 1,500 ‐ 10‐5220‐60‐00 Office Equipment 5,560 5,560 545 76 9.80 10‐5230‐60‐00 Dues,Fees,& Subscriptions 2,850 2,850 ‐ 10‐5240‐60‐00 Postage and Delivery 175 175 ‐ 10‐5280‐60‐00 Printing and Reproduction 300 300 79 79 26.17 10‐5290‐60‐00 Miscellaneous Expense 1,500 1,500 ‐ 10‐5310‐60‐00 Rental Expense 22,000 22,000 6,940 1,735 31.55 10‐5320‐60‐00 Repairs & Maintenance 424,500 424,500 26,767 12,507 6.31 10‐5350‐60‐00 Vehicle Expense 4,500 4,500 1,342 369 29.83 10‐5352‐60‐00 Fuel 17,000 17,000 1,273 454 7.49 10‐5353‐60‐00 Oil/Grease/Inspections 2,000 2,000 172 140 8.58 10‐5400‐60‐00 Uniform Expense 5,700 5,700 751 13.17 10‐5410‐60‐00 Professional Services 125,000 125,000 ‐ 10‐5418‐60‐00 IT Fees 3,100 3,100 169 5.45 10‐5430‐60‐00 Legal Fees 2,000 2,000 1,748 589 87.40 10‐5480‐60‐00 Contracted Services 154,800 154,800 18,706 620 12.08 10‐5520‐60‐00 Telephones 172 57 ‐ 10‐5521‐60‐00 Cell Phone Expense 5,900 5,900 1,124 19.06 10‐5525‐60‐00 Electricity 88,000 88,000 26,836 8,156 30.50 10‐5526‐60‐00 Data Network 1,700 1,700 169 84 9.94 10‐5530‐60‐00 Travel/Lodging/Meals Expense 3,800 3,800 24 24 0.62 21 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 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 2,000 289 182 14.47 10‐5536‐60‐00 Training/Seminars 6,750 6,750 ‐ 10‐5600‐60‐00 Special Events 49,700 49,700 33,850 24,001 68.11 10‐5620‐60‐00 Tools & Equipment 6 ‐ 10‐5630‐60‐00 Safety Equipment 1,600 1,600 15 0.94 10‐5640‐60‐00 Signs & Hardware 2,800 2,800 278 85 9.91 10‐6160‐60‐00 Capital Expenditure ‐ Vehicles 52,000 52,000 20,978 20,978 40.34 Subtotal object ‐ 0 1,778,550 1,778,550 281,724 116,449 15.84 Program number: 1,778,550 1,778,550 281,724 116,449 15.84 Department number: 60 Parks and Recreation 1,778,550 1,778,550 281,724 116,449 15.84 10‐5110‐70‐00 Salaries & Wages 17,136 5,809 ‐ 10‐5115‐70‐00 Salaries ‐ Overtime 77,027 77,027 ‐ 10‐5128‐70‐00 Language Pay 100 100 ‐ 10‐5140‐70‐00 Salaries ‐ Longevity Pay 185 185 ‐ 10‐5145‐70‐00 Social Security Expense 4,787 4,787 1,002 339 20.93 10‐5150‐70‐00 Medicare Expense 1,120 1,120 234 79 20.93 10‐5155‐70‐00 SUTA Expense 77 77 9 9 11.69 10‐5160‐70‐00 Health Insurance 5,400 5,400 1,309 442 24.24 10‐5165‐70‐00 Dental Insurance 360 360 59 24 16.43 10‐5170‐70‐00 Life Insurance/AD&D 114 114 19 8 16.94 10‐5175‐70‐00 Liability (TML) Workers Comp 98 98 120 122.38 10‐5180‐70‐00 TMRS Expense 8,107 8,107 1,799 610 22.20 10‐5185‐70‐00 Long Term/Short Term Disabilit 143 143 30 21.12 10‐5186‐70‐00 WELLE‐Wellness Prog Reimb Empl 420 420 ‐ 10‐5190‐70‐00 Contract Labor 4,800 4,800 725 320 15.10 10‐5210‐70‐00 Office Supplies 1,500 1,500 1,109 10 73.96 10‐5212‐70‐00 Building Supplies 1,000 1,000 389 337 38.94 10‐5220‐70‐00 Office Equipment 20 ‐ 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 1,000 202 20.15 10‐5310‐70‐00 Rental Expense 24,000 24,000 6,113 1,996 25.47 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 1,676 375 17.46 10‐5425‐70‐00 State Fines Expense 106,800 106,800 140 140 0.13 10‐5430‐70‐00 Legal Fees 4,213 1,876 ‐ 10‐5480‐70‐00 Contracted Services 2,000 2,000 ‐ 10‐5481‐70‐00 Cash Over/Short (10) (10) ‐ 10‐5520‐70‐00 Telephones 300 300 384 128 127.90 10‐5524‐70‐00 Gas‐Building 900 900 139 102 15.44 22 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5525‐70‐00 Electricity 2,000 2,000 273 71 13.65 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 object ‐ 0 257,028 257,028 37,191 12,766 14.47 Program number: 257,028 257,028 37,191 12,766 14.47 Department number: 70 Municipal Court 257,028 257,028 37,191 12,766 14.47 10‐5110‐80‐00 Salaries & Wages 441,348 441,348 80,427 26,947 18.22 10‐5115‐80‐00 Salaries ‐ Overtime 8,000 8,000 607 100 7.58 10‐5140‐80‐00 Salaries ‐ Longevity Pay 2,359 2,359 1,540 65.28 10‐5141‐80‐00 Salaries ‐ Incentive 3,234 3,234 250 250 7.73 10‐5145‐80‐00 Social Security Expense 25,434 25,434 4,881 1,583 19.19 10‐5150‐80‐00 Medicare Expense 5,948 5,948 1,142 370 19.19 10‐5155‐80‐00 SUTA Expense 451 451 (1,090) (1,090) ####### 10‐5160‐80‐00 Health Insurance 48,600 48,600 7,136 2,776 14.68 10‐5165‐80‐00 Dental Insurance 3,240 3,240 366 145 11.29 10‐5170‐80‐00 Life Insurance/AD&D 914 914 131 55 14.35 10‐5175‐80‐00 Liability (TML) Workers Comp 580 580 1,688 290.96 10‐5180‐80‐00 TMRS Expense 47,769 47,769 8,743 2,885 18.30 10‐5185‐80‐00 Long Term/Short Term Disabilit 830 830 115 13.91 10‐5186‐80‐00 WELLE‐Wellness Prog Reimb Empl 3,360 3,360 445 175 13.23 10‐5190‐80‐00 Contract Labor 1,200 1,200 420 120 35.00 10‐5191‐80‐00 Hiring Cost 60 60 235 391.68 10‐5210‐80‐00 Office Supplies 7,000 7,000 1,082 753 15.46 10‐5212‐80‐00 Building Supplies 500 500 127 25.43 10‐5220‐80‐00 Office Equipment 13,000 13,000 592 377 4.56 10‐5230‐80‐00 Dues,Fees,& Subscriptions 67,350 67,350 20,290 3,070 30.13 10‐5240‐80‐00 Postage and Delivery 50 50 ‐ 10‐5280‐80‐00 Printing and Reproduction 2,000 2,000 337 120 16.83 10‐5320‐80‐00 Repairs & Maintenance 1,000 1,000 ‐ 10‐5340‐80‐00 Building Repairs 150 150 ‐ 10‐5350‐80‐00 Vehicle Expense 1,500 1,500 2,191 1,919 146.05 10‐5352‐80‐00 Fuel 12,000 12,000 938 341 7.82 10‐5353‐80‐00 Oil/Grease/Inspections 2,400 2,400 274 274 11.43 10‐5400‐80‐00 Uniform Expense 2,700 2,700 ‐ 10‐5415‐80‐00 Tuition Reimbursement 5,100 5,100 ‐ 10‐5418‐80‐00 IT Fees 4,000 4,000 45 1.13 10‐5430‐80‐00 Legal Fees 4,000 4,000 95 95 2.38 10‐5465‐80‐00 Public Relations 500 500 ‐ 10‐5480‐80‐00 Contracted Services 750 750 120 60 16.00 10‐5520‐80‐00 Telephones 1,500 1,500 340 124 22.64 10‐5521‐80‐00 Cell Phone Expense 2,880 2,880 390 13.53 23 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5525‐80‐00 Electricity 6,500 6,500 1,186 369 18.24 10‐5526‐80‐00 Data Network 3,200 3,200 760 266 23.74 10‐5530‐80‐00 Travel/Lodging/Meals Expense 600 600 74 12.34 10‐5533‐80‐00 Mileage Expense 6,000 6,000 ‐ 10‐5536‐80‐00 Training/Seminars 7,975 7,975 542 6.80 10‐5630‐80‐00 Safety Equipment 800 800 116 116 14.50 10‐6110‐80‐00 Capital Expenditure 30,000 30,000 ‐ 10‐6160‐80‐00 Capital Expenditure ‐ Vehicles 20,000 20,000 ‐ Subtotal object ‐ 0 796,782 796,782 136,534 42,201 17.14 Program number: 796,782 796,782 136,534 42,201 17.14 Department number: 80 Inspections 796,782 796,782 136,534 42,201 17.14 10‐5110‐85‐00 Salaries & Wages 47,312 47,312 10,570 3,613 22.34 10‐5115‐85‐00 Salaries ‐ Overtime 1,500 1,500 644 542 42.94 10‐5140‐85‐00 Salaries ‐ Longevity Pay 387 387 205 52.97 10‐5141‐85‐00 Salaries ‐ Incentive 750 750 1,000 1,000 133.33 10‐5145‐85‐00 Social Security Expense 3,097 3,097 763 317 24.64 10‐5150‐85‐00 Medicare Expense 724 724 178 74 24.65 10‐5155‐85‐00 SUTA Expense 50 50 (252) (252) ####### 10‐5160‐85‐00 Health Insurance 5,400 5,400 717 293 13.27 10‐5165‐85‐00 Dental Insurance 360 360 59 24 16.43 10‐5170‐85‐00 Life Insurance/AD&D 106 106 19 8 18.22 10‐5175‐85‐00 Liability (TML) Workers' Comp 63 63 240 380.71 10‐5180‐85‐00 TMRS Expense 5,244 5,244 1,308 540 24.95 10‐5185‐85‐00 Long Term/Short Term Disabilit 88 88 19 21.09 10‐5186‐85‐00 WELLE‐Wellness Prog Reimb Empl 420 420 86 35 20.42 10‐5190‐85‐00 Contract Labor 15,000 15,000 ‐ 10‐5210‐85‐00 Office Supplies 500 500 266 53.18 10‐5212‐85‐00 Building Supplies 13 ‐ 10‐5230‐85‐00 Dues,Fees,& Subscriptions 200 200 ‐ 10‐5240‐85‐00 Postage and Delivery 400 400 ‐ 10‐5280‐85‐00 Printing and Reproduction 1,200 1,200 ‐ 10‐5350‐85‐00 Vehicle Expense 500 500 ‐ 10‐5352‐85‐00 Fuel 1,000 1,000 ‐ 10‐5353‐85‐00 Oil/Grease/Inspections 100 100 ‐ 10‐5400‐85‐00 Uniform Expense 200 200 90 44.99 10‐5430‐85‐00 Legal Fees 8,000 8,000 294 95 3.68 10‐5435‐85‐00 Legal Notices/Filings 500 500 ‐ 10‐5480‐85‐00 Contracted Services 68,000 68,000 3,600 900 5.29 10‐5520‐85‐00 Telephones 300 300 49 18 16.18 10‐5521‐85‐00 Cell Phone Expense 500 500 74 14.80 10‐5536‐85‐00 Training/Seminars 500 500 ‐ 10‐5600‐85‐00 Special Events 1,000 1,000 ‐ 24 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5620‐85‐00 Tools & Equipment 250 250 ‐ 10‐5640‐85‐00 Signs & Hardware 500 500 ‐ Subtotal object ‐ 0 164,151 164,151 19,942 7,207 12.15 Program number: 164,151 164,151 19,942 7,207 12.15 Department number: 85 Code Enforcement 164,151 164,151 19,942 7,207 12.15 10‐5110‐90‐00 Salaries & Wages 213,259 213,259 46,581 15,790 21.84 10‐5115‐90‐00 Salaries ‐ Overtime 500 500 36 36 7.23 10‐5126‐90‐00 Salaries‐Vacation Buy‐Out 1,940 ‐ 10‐5140‐90‐00 Salaries ‐ Longevity Pay 1,059 1,059 740 69.88 10‐5141‐90‐00 Salaries ‐ Incentive 1,000 1,000 ‐ 10‐5145‐90‐00 Social Security Expense 13,381 13,381 2,882 910 21.54 10‐5150‐90‐00 Medicare Expense 3,129 3,129 674 213 21.54 10‐5155‐90‐00 SUTA Expense 216 216 (456) (456) ####### 10‐5160‐90‐00 Health Insurance 16,408 16,408 3,914 1,506 23.85 10‐5165‐90‐00 Dental Insurance 1,094 1,094 177 72 16.22 10‐5170‐90‐00 Life Insurance/AD&D 318 318 58 24 18.21 10‐5175‐90‐00 Liability (TML) Workers Comp 273 273 483 176.97 10‐5180‐90‐00 TMRS Expense 22,661 22,661 5,203 1,673 22.96 10‐5185‐90‐00 Long Term/Short Term Disabilit 397 397 77 19.47 10‐5186‐90‐00 WELLE‐Wellness Prog Reimb Empl 1,260 1,260 257 105 20.42 10‐5190‐90‐00 Contract Labor 1,300 1,300 420 120 32.31 10‐5191‐90‐00 Hiring Cost 50 50 ‐ 10‐5210‐90‐00 Office Supplies 3,500 3,500 344 32 9.83 10‐5212‐90‐00 Building Supplies 250 250 ‐ 10‐5230‐90‐00 Dues,Fees,& Subscriptions 5,000 5,000 15 0.30 10‐5240‐90‐00 Postage and Delivery 200 200 ‐ 10‐5400‐90‐00 Uniform Expense 300 300 ‐ 10‐5410‐90‐00 Professional Services 132,000 132,000 ‐ 10‐5415‐90‐00 Tuition Reimbursement 5,000 5,000 ‐ 10‐5430‐90‐00 Legal Fees 50,000 50,000 2,546 1,425 5.09 10‐5435‐90‐00 Legal Notices/Filings 1,500 1,500 ‐ 10‐5520‐90‐00 Telephones 3,300 3,300 97 36 2.94 10‐5521‐90‐00 Cell Phone Expense 2,400 2,400 293 12.22 10‐5526‐90‐00 Data Network 8,250 8,250 2,077 702 25.18 10‐5530‐90‐00 Travel/Lodging/Meals Expense 2,000 2,000 506 25.33 10‐5533‐90‐00 Mileage Expense 1,500 1,500 ‐ 10‐5536‐90‐00 Training/Seminars 4,000 4,000 ‐ Subtotal object ‐ 0 495,505 495,505 68,867 22,187 13.90 Program number: 495,505 495,505 68,867 22,187 13.90 Department number: 90 Planning 495,505 495,505 68,867 22,187 13.90 10‐5110‐98‐00 Salaries & Wages 354,304 (6,500) 347,804 59,181 25,136 17.02 10‐5126‐98‐00 Salaries‐Vacation Buy‐Out 2,538 ‐ 25 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5140‐98‐00 Salaries ‐ Longevity Pay 749 749 440 58.75 10‐5141‐98‐00 Salaries ‐ Incentive 300 300 ‐ 10‐5145‐98‐00 Social Security Expense 22,032 22,032 3,142 960 14.26 10‐5150‐98‐00 Medicare Expense 5,153 5,153 839 329 16.28 10‐5155‐98‐00 SUTA Expense 355 355 (235) (235) (66.29) 10‐5160‐98‐00 Health Insurance 16,408 16,408 3,592 1,761 21.89 10‐5165‐98‐00 Dental Insurance 1,094 1,094 142 72 13.02 10‐5170‐98‐00 Life Insurance/AD&D 342 342 61 30 17.88 10‐5175‐98‐00 Liability (TML) Workers Comp 450 450 227 50.45 10‐5180‐98‐00 TMRS Expense 37,312 37,312 6,536 2,643 17.52 10‐5185‐98‐00 Long Term/Short Term Disabilit 660 660 84 12.71 10‐5186‐98‐00 WELLE‐Wellness Prog Reimb Empl 1,260 1,260 86 35 6.81 10‐5191‐98‐00 Hiring Cost 80 ‐ 10‐5210‐98‐00 Office Supplies 800 800 726 410 90.77 10‐5212‐98‐00 Building Supplies 350 350 ‐ 10‐5220‐98‐00 Office Equipment 831 810 ‐ 10‐5230‐98‐00 Dues,Fees,& Subscriptions 900 900 ‐ 10‐5240‐98‐00 Postage and Delivery 20 20 ‐ 10‐5280‐98‐00 Printing and Reproduction 79 ‐ 10‐5400‐98‐00 Uniform Expense 100 100 ‐ 10‐5418‐98‐00 IT Fees 250 250 130 130 52.00 10‐5419‐98‐00 IT Licenses 300 300 ‐ 10‐5430‐98‐00 Legal Fees 8,500 8,500 3,039 4,237 35.75 10‐5435‐98‐00 Legal Notices/Filings 518 ‐ 10‐5520‐98‐00 Telephones 172 57 ‐ 10‐5521‐98‐00 Cell Phone Expense 3,060 3,060 293 9.59 10‐5524‐98‐00 Gas‐Building 223 149 ‐ 10‐5525‐98‐00 Electricity 500 178 ‐ 10‐5530‐98‐00 Travel/Lodging/Meals Expense 3,250 3,250 556 17.10 10‐5533‐98‐00 Mileage Expense 2,500 2,500 390 15.60 10‐5536‐98‐00 Training/Seminars 7,000 7,000 481 6.87 10‐6110‐98‐00 Capital Expenditure 20,000 6,500 26,500 ‐ Subtotal object ‐ 0 487,149 487,149 84,948 37,001 17.44 Program number: 487,149 487,149 84,948 37,001 17.44 Department number: 98 Engineering 487,149 487,149 84,948 37,001 17.44 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 12,457,760 12,457,760 2,300,238 745,698 18.46 Fund number: 10 General 696,443 696,443 (2,397,261) (2,506,021) ####### 20‐4005‐50‐00 Water Revenue (5,200,000) (5,200,000) (1,054,884) (269,683) 20.29 20‐4010‐50‐00 Water Tap & Construction (300,000) (300,000) (115,200) (33,975) 38.40 20‐4012‐50‐00 Saturday Inspection Fee (2,500) (2,500) (1,200) (150) 48.00 20‐4018‐50‐00 Internet Cr. Card Fees(Global) (14,000) (14,000) (5,150) (1,616) 36.79 20‐4019‐50‐00 Cr. Card Pmt Fees(auth.net) (1,900) (1,900) (905) (251) 47.62 26 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 20‐4060‐50‐00 NSF Fees (1,200) (1,200) (275) (125) 22.92 20‐4242‐50‐00 Re‐Inspection Fees (2,000) (2,000) (350) (50) 17.50 20‐4610‐50‐00 Interest Income (70,000) (70,000) (17,956) (10,115) 25.65 20‐4910‐50‐00 Other Revenue (80,000) (80,000) (17,741) (2,532) 22.18 Subtotal object ‐ 0 (5,671,600) (5,671,600) (1,213,661) (318,497) 21.40 Program number: (5,671,600) (5,671,600) (1,213,661) (318,497) 21.40 Department number: 50 Water (5,671,600) (5,671,600) (1,213,661) (318,497) 21.40 20‐4006‐55‐00 Sewer Revenue (2,247,850) (2,247,850) (637,817) (211,600) 28.38 20‐4010‐55‐00 Sewer Tap & Construction (150,000) (150,000) (43,800) (13,800) 29.20 Subtotal object ‐ 0 (2,397,850) (2,397,850) (681,617) (225,400) 28.43 Program number: (2,397,850) (2,397,850) (681,617) (225,400) 28.43 Department number: 55 Sewer (2,397,850) (2,397,850) (681,617) (225,400) 28.43 20‐4000‐57‐00 W/S Service Initiation (50,000) (50,000) (11,595) (4,245) 23.19 20‐4007‐57‐00 Sanitation (800,000) (800,000) (219,711) (73,896) 27.46 20‐4009‐57‐00 Late Fee‐W/S (56,000) (56,000) (22,613) (4,887) 40.38 Subtotal object ‐ 0 (906,000) (906,000) (253,919) (83,029) 28.03 Program number: (906,000) (906,000) (253,919) (83,029) 28.03 Department number: 57 Utility Billing Department (906,000) (906,000) (253,919) (83,029) 28.03 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (8,975,450) (8,975,450) (2,149,197) (626,926) 23.95 20‐5110‐50‐00 Salaries & Wages 525,495 525,495 99,337 32,574 18.90 20‐5115‐50‐00 Salaries ‐ Overtime 25,000 25,000 6,405 2,350 25.62 20‐5140‐50‐00 Salaries ‐ Longevity Pay 2,311 2,311 1,545 66.85 20‐5141‐50‐00 Salary‐Incentive 250 250 ‐ 20‐5145‐50‐00 Social Security Expense 29,526 29,526 6,436 2,091 21.80 20‐5150‐50‐00 Medicare Expense 6,905 6,905 1,505 489 21.80 20‐5155‐50‐00 SUTA Expense 476 476 (1,652) (1,652) ####### 20‐5160‐50‐00 Health Insurance 59,400 59,400 8,106 3,125 13.65 20‐5165‐50‐00 Dental Insurance 3,544 3,544 532 217 15.02 20‐5170‐50‐00 Life Insurance/AD&D 779 779 201 82 25.74 20‐5175‐50‐00 Liability (TML) Workers' Comp 603 603 10,636 ####### 20‐5176‐50‐00 TML Prop. & Liab Insurance 35,000 35,000 26,709 76.31 20‐5180‐50‐00 TMRS Expense 58,045 58,045 11,351 3,719 19.56 20‐5185‐50‐00 Long Term/Short Term Disabilit 767 767 174 22.74 20‐5186‐50‐00 WELLE‐Wellness Prog Reimb‐Empl 3,780 3,780 565 245 14.95 20‐5190‐50‐00 Contract Labor 15,000 15,000 ‐ 20‐5191‐50‐00 Hiring Cost 540 540 40 7.41 20‐5210‐50‐00 Office Supplies 3,000 3,000 141 76 4.70 20‐5212‐50‐00 Building Supplies 1,500 1,500 768 75 51.21 20‐5220‐50‐00 Office Equipment 10,500 10,500 761 761 7.25 20‐5230‐50‐00 Dues,Fees,& Subscriptions 12,444 12,444 95 95 0.76 20‐5240‐50‐00 Postage and Delivery 24,000 24,000 ‐ 20‐5250‐50‐00 Publications 50 50 ‐ 27 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 20‐5280‐50‐00 Printing and Reproduction 8,200 8,200 79 0.96 20‐5290‐50‐00 Miscellaneous Expense 296 ‐ 20‐5310‐50‐00 Rental Expense 5,000 5,000 ‐ 20‐5320‐50‐00 Repairs & Maintenance 3,500 3,500 705 695 20.13 20‐5340‐50‐00 Building Repairs 3,900 3,900 94 2.40 20‐5350‐50‐00 Vehicle Expense 25,000 25,000 3,926 959 15.70 20‐5352‐50‐00 Fuel 36,500 36,500 4,110 2,384 11.26 20‐5353‐50‐00 Oil/Grease/Inspections 2,400 2,400 540 22.49 20‐5400‐50‐00 Uniform Expense 11,100 11,100 3,132 28.21 20‐5410‐50‐00 Professional Services 5,000 5,000 ‐ 20‐5412‐50‐00 Audit Fees 1,000 1,000 ‐ 20‐5416‐50‐00 Engineering Fees 7,000 7,000 ‐ 20‐5418‐50‐00 IT Fees 23,000 23,000 3,016 1,000 13.11 20‐5419‐50‐00 IT Licenses 1,200 1,200 ‐ 20‐5430‐50‐00 Legal Fees 2,000 2,000 ‐ 20‐5435‐50‐00 Legal Notices/Filings 1,000 1,000 ‐ 20‐5475‐50‐00 Credit Card Fees 16,000 16,000 7,277 2,238 45.48 20‐5480‐50‐00 Contracted Services 94,800 94,800 10,637 10,637 11.22 20‐5520‐50‐00 Telephones 6,300 6,300 1,045 347 16.60 20‐5521‐50‐00 Cell Phone Expense 9,320 9,320 672 7.21 20‐5524‐50‐00 Gas‐Building 2,500 2,500 969 527 38.78 20‐5525‐50‐00 Electricity 200,000 200,000 32,177 8,248 16.09 20‐5526‐50‐00 Data Network 6,800 6,800 1,670 566 24.56 20‐5530‐50‐00 Travel/Lodging/Meals Expense 1,000 1,000 490 48.96 20‐5533‐50‐00 Mileage Expense 2,700 2,700 332 73 12.30 20‐5536‐50‐00 Training/Seminars 7,200 7,200 ‐ 20‐5540‐50‐00 Water Testing 3,000 3,000 8 0.28 20‐5545‐50‐00 Meter Purchases 220,500 220,500 54,588 52,660 24.76 20‐5550‐50‐00 Water Purchases 1,902,100 1,902,100 419,332 147,713 22.05 20‐5620‐50‐00 Tools & Equipment 16,000 16,000 1,399 45 8.75 20‐5630‐50‐00 Safety Equipment 11,200 11,200 1,422 12.70 20‐5640‐50‐00 Signs & Hardware 1,300 1,300 78 54 6.03 20‐5650‐50‐00 Maintenance Materials 12,000 12,000 ‐ 20‐5660‐50‐00 Chemical Supplies 1,000 1,000 ‐ 20‐5670‐50‐00 System Improvements/Repairs 76,650 76,650 14,138 4,131 18.45 20‐6110‐50‐00 Capital Expenditure 215,600 215,600 ‐ 20‐6140‐50‐00 Capital Expenditure ‐ Equipmen 95,000 95,000 94,675 94,675 99.66 20‐6160‐50‐00 Capital Expenditure ‐ Vehicles 22,000 22,000 ‐ 20‐6186‐50‐00 2013 Bond Payment 386,928 386,928 ‐ 20‐6192‐50‐00 2011 Refd Bond Pmt 278,084 278,084 ‐ 20‐6193‐50‐00 2012 CO Bond Payment 243,200 243,200 ‐ 20‐6197‐50‐00 2004 CO Bond Payment 538,408 538,408 ‐ 28 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 20‐6198‐50‐00 2006 CO Bond Payment 492,952 492,952 ‐ 20‐6199‐50‐00 2008 CO Bond Payment 119,813 119,813 ‐ 20‐6200‐50‐00 Bond Administrative Fees 3,000 3,000 ‐ 20‐7143‐50‐00 Transfer to Internal Serv. Fd 2,160 2,160 ‐ 20‐7147‐50‐00 Transfer to GF 494,610 494,610 123,653 41,218 25.00 Subtotal object ‐ 0 6,436,590 6,436,590 954,366 412,666 14.83 Program number: 6,436,590 6,436,590 954,366 412,666 14.83 Department number: 50 Water 6,436,590 6,436,590 954,366 412,666 14.83 20‐5110‐55‐00 Salaries & Wages 162,724 162,724 26,234 9,014 16.12 20‐5115‐55‐00 Salaries ‐ Overtime 10,000 10,000 2,271 760 22.71 20‐5140‐55‐00 Salaries ‐ Longevity Pay 950 950 645 67.90 20‐5145‐55‐00 Social Security Expense 7,604 7,604 1,708 568 22.46 20‐5150‐55‐00 Medicare Expense 2,788 2,788 399 133 14.33 20‐5155‐55‐00 SUTA Expense 123 123 (695) (695) ####### 20‐5160‐55‐00 Health Insurance 21,600 21,600 2,524 984 11.69 20‐5165‐55‐00 Dental Insurance 1,440 1,440 177 72 12.32 20‐5170‐55‐00 Life Insurance/AD&D 337 337 58 24 17.19 20‐5175‐55‐00 Liability (TML) Workers' Comp 204 204 5,568 ####### 20‐5180‐55‐00 TMRS Expense 18,235 18,235 3,079 1,034 16.88 20‐5185‐55‐00 Long Term/Short Term Disabilit 281 281 47 16.89 20‐5186‐55‐00 WELLE‐Wellness Prog Reimb‐Empl 1,680 1,680 172 70 10.21 20‐5191‐55‐00 Hiring Cost 200 200 ‐ 20‐5210‐55‐00 Office Supplies 800 800 305 38.08 20‐5212‐55‐00 Building Supplies 600 600 ‐ 20‐5220‐55‐00 Office Equipment 1,200 1,200 ‐ 20‐5230‐55‐00 Dues,Fees,& Subscriptions 2,222 2,222 ‐ 20‐5240‐55‐00 Postage and Delivery 1,200 1,200 ‐ 20‐5250‐55‐00 Publications 100 100 ‐ 20‐5260‐55‐00 Advertising 600 600 ‐ 20‐5280‐55‐00 Printing and Reproduction 1,000 1,000 ‐ 20‐5310‐55‐00 Rental Expense 8,000 8,000 ‐ 20‐5320‐55‐00 Repairs & Maintenance 400 400 ‐ 20‐5335‐55‐00 Radio/Video Repairs 7,000 7,000 ‐ 20‐5340‐55‐00 Building Repairs 2,000 2,000 ‐ 20‐5350‐55‐00 Vehicle Expense 6,000 6,000 27 0.45 20‐5352‐55‐00 Fuel 18,000 18,000 534 182 2.97 20‐5353‐55‐00 Oil/Grease/Inspections 1,500 1,500 ‐ 20‐5400‐55‐00 Uniform Expense 8,600 8,600 1,182 13.74 20‐5412‐55‐00 Audit Fees 400 400 ‐ 20‐5416‐55‐00 Engineering Fees 1,500 1,500 ‐ 20‐5418‐55‐00 IT Fees 3,700 3,700 ‐ 20‐5430‐55‐00 Legal Fees 500 500 ‐ 29 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 20‐5480‐55‐00 Contracted Services 50,000 50,000 ‐ 20‐5520‐55‐00 Telephones 1,000 1,000 293 98 29.30 20‐5521‐55‐00 Cell Phone Expense 4,560 4,560 141 3.09 20‐5524‐55‐00 Gas ‐ Building 8 8 ‐ 20‐5525‐55‐00 Electricity 49,300 49,300 9,973 3,512 20.23 20‐5530‐55‐00 Travel/Lodging/Meals Expense 600 600 ‐ 20‐5533‐55‐00 Mileage Expense 500 500 ‐ 20‐5536‐55‐00 Training/Seminars 4,600 4,600 ‐ 20‐5540‐55‐00 Water Testing 500 500 ‐ 20‐5560‐55‐00 Sewer Management Fees 1,111,300 1,111,300 355,230 86,218 31.97 20‐5620‐55‐00 Tools & Equipment 7,400 7,400 ‐ 20‐5630‐55‐00 Safety Equipment 11,100 11,100 496 4.47 20‐5640‐55‐00 Signs & Hardware 1,000 1,000 2 2 0.21 20‐5650‐55‐00 Maintenance Materials 8,000 8,000 ‐ 20‐5660‐55‐00 Chemical Supplies 2,000 2,000 ‐ 20‐5670‐55‐00 System Improvements/Repairs 28,000 28,000 728 2.60 20‐5680‐55‐00 Lift Station Expense 30,000 30,000 5,007 3,507 16.69 20‐6140‐55‐00 Capital Expenditure ‐ Equipmt 26,000 26,000 14,637 56.30 20‐6160‐55‐00 Capital Expenditure ‐ Vehicles 25,000 25,000 ‐ 20‐7147‐55‐00 Transfer to GF 214,350 214,350 53,588 17,863 25.00 Subtotal object ‐ 0 1,868,706 1,868,706 484,330 123,345 25.92 Program number: 1,868,706 1,868,706 484,330 123,345 25.92 Department number: 55 Sewer 1,868,706 1,868,706 484,330 123,345 25.92 20‐5110‐57‐00 Salaries & Wages 81,903 81,903 20,361 6,946 24.86 20‐5115‐57‐00 Salaries ‐ Overtime 5,000 5,000 671 169 13.41 20‐5140‐57‐00 Salaries ‐ Longevity Pay 849 849 415 48.88 20‐5141‐57‐00 Salary‐Incentive 800 800 1,000 1,000 125.00 20‐5145‐57‐00 Social Security Expense 5,490 5,490 1,332 479 24.26 20‐5150‐57‐00 Medicare Expense 1,284 1,284 311 112 24.26 20‐5155‐57‐00 SUTA Expense 89 89 (211) (211) ####### 20‐5160‐57‐00 Health Insurance 10,904 10,904 1,664 679 15.26 20‐5165‐57‐00 Dental Insurance 727 727 118 48 16.27 20‐5170‐57‐00 AD&D/Life Insurance 183 183 39 16 21.10 20‐5175‐57‐00 Liability (TML) Workers' Comp 112 112 227 202.69 20‐5180‐57‐00 TMRS Expense 7,886 7,886 2,062 750 26.15 20‐5185‐57‐00 Long Term/Short Term Disabilit 152 152 32 20.93 20‐5186‐57‐00 WELLE‐Wellness Prog Reimb‐Empl 840 840 86 35 10.21 20‐5190‐57‐00 Contract Labor 50 50 ‐ 20‐5191‐57‐00 Hiring Cost 40 40 ‐ 20‐5210‐57‐00 Office Supplies 1,500 1,500 803 53.53 20‐5212‐57‐00 Building Supplies 500 500 ‐ 20‐5230‐57‐00 Dues,Fees,& Subscriptions 200 200 ‐ 30 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 20‐5240‐57‐00 Postage and Delivery 21,000 21,000 3,777 1,858 17.99 20‐5280‐57‐00 Printing and Reproduction 1,000 1,000 ‐ 20‐5400‐57‐00 Uniform Expense 150 150 ‐ 20‐5418‐57‐00 IT Fees 8,000 8,000 ‐ 20‐5419‐57‐00 IT Licenses 10,000 10,000 ‐ 20‐5470‐57‐00 Trash Collection 718,000 718,000 134,415 67,506 18.72 20‐5479‐57‐00 Household Haz. Waste Disposal 2,500 2,500 550 200 22.00 20‐5480‐57‐00 Contracted Services 8,983 8,983 1,051 521 11.70 20‐5481‐57‐00 Cash Short/Over 2 ‐ 20‐5520‐57‐00 Telephones 800 800 186 62 23.29 20‐5530‐57‐00 Travel/Lodging/Meals Expense 300 300 ‐ 20‐5533‐57‐00 Mileage Expense 1,500 1,500 ‐ 20‐5536‐57‐00 Training/Seminars 1,100 1,100 ‐ 20‐7147‐57‐00 Transfer to GF 80,200 80,200 20,050 6,683 25.00 Subtotal object ‐ 0 972,042 972,042 188,940 86,854 19.44 Program number: 972,042 972,042 188,940 86,854 19.44 Department number: 57 Utility Billing Department 972,042 972,042 188,940 86,854 19.44 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 9,277,338 9,277,338 1,627,637 622,864 17.54 Fund number: 20 Water/Sewer 301,888 301,888 (521,560) (4,061) ####### 30‐4105‐10‐00 Property Taxes ‐Delinquent (30,000) (30,000) (14,989) (696) 49.96 30‐4110‐10‐00 Property Taxes ‐Current (2,763,240) (2,763,240) (1,812,930) (1,626,240) 65.61 30‐4115‐10‐00 Taxes ‐Penalties (18,000) (18,000) (3,641) (139) 20.23 30‐4610‐10‐00 Interest Income (12,000) (12,000) (934) 385 7.79 Subtotal object ‐ 0 (2,823,240) (2,823,240) (1,832,494) (1,626,690) 64.91 Program number: (2,823,240) (2,823,240) (1,832,494) (1,626,690) 64.91 Department number: 10 Administrative (2,823,240) (2,823,240) (1,832,494) (1,626,690) 64.91 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (2,823,240) (2,823,240) (1,832,494) (1,626,690) 64.91 30‐6186‐10‐00 2013 GO Ref Bond 282,672 282,672 ‐ 30‐6191‐10‐00 2010 Tax Note Payment 365,166 365,166 ‐ 30‐6192‐10‐00 2011 Ref Bond Pmt 177,791 177,791 ‐ 30‐6193‐10‐00 2012 GO Bond Payment 112,413 112,413 ‐ 30‐6197‐10‐00 2004 CO Bond Payment 329,992 329,992 ‐ 30‐6198‐10‐00 2006 Bond Payment 455,033 455,033 ‐ 30‐6199‐10‐00 2008 CO Bond Payment 1,078,313 1,078,313 ‐ 30‐6200‐10‐00 Bond Administrative Fees 20,000 20,000 (36,978) (37,678) ####### Subtotal object ‐ 0 2,821,380 2,821,380 (36,978) (37,678) (1.31) Program number: 2,821,380 2,821,380 (36,978) (37,678) (1.31) Department number: 10 Administrative 2,821,380 2,821,380 (36,978) (37,678) (1.31) Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 2,821,380 2,821,380 (36,978) (37,678) (1.31) Fund number: 30 Interest and Sinking (1,860) (1,860) (1,869,472) (1,664,367) ####### 40‐4100‐10‐00 Charges for Services (30,000) (30,000) ‐ 40‐4610‐10‐00 Interest Income (500) (500) (163) (53) 32.70 31 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 40‐4995‐10‐00 Transfer In (19,160) (19,160) ‐ Subtotal object ‐ 0 (49,660) (49,660) (163) (53) 0.33 Program number: (49,660) (49,660) (163) (53) 0.33 Department number: 10 General Fund (49,660) (49,660) (163) (53) 0.33 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (49,660) (49,660) (163) (53) 0.33 40‐5160‐10‐00 MERP H & D Expense ‐ GF 49,000 49,000 4,050 4,050 8.27 Subtotal object ‐ 0 49,000 49,000 4,050 4,050 8.27 Program number: 49,000 49,000 4,050 4,050 8.27 Department number: 10 General Fund 49,000 49,000 4,050 4,050 8.27 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 49,000 49,000 4,050 4,050 8.27 Fund number: 40 Internal Service Fund (660) (660) 3,887 3,997 ####### 45‐4001‐10‐00 Storm Drainage Utility Fee (228,800) (228,800) (59,950) (20,131) 26.20 45‐4610‐10‐00 Interest Storm Utility (1,600) (1,600) (418) (136) 26.10 Subtotal object ‐ 0 (230,400) (230,400) (60,368) (20,267) 26.20 Program number: (230,400) (230,400) (60,368) (20,267) 26.20 Department number: 10 Administration (230,400) (230,400) (60,368) (20,267) 26.20 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (230,400) (230,400) (60,368) (20,267) 26.20 45‐5110‐10‐00 Salaries 28,514 28,514 6,344 2,150 22.25 45‐5115‐10‐00 Salaries‐Overtime 2,000 2,000 498 399 24.91 45‐5140‐10‐00 Salaries‐Longevity Pay 195 195 ‐ 45‐5145‐10‐00 Social Security Expense 1,904 1,904 425 158 22.30 45‐5150‐10‐00 Medicare Expense 445 445 99 37 22.32 45‐5155‐10‐00 SUTA Expense 31 31 9 9 29.03 45‐5160‐10‐00 Health Insurance 5,400 5,400 860 305 15.93 45‐5165‐10‐00 Dental Expense 360 360 ‐ 45‐5170‐10‐00 Life Ins/AD&D 64 64 19 8 30.17 45‐5175‐10‐00 Liability (TML) Workers Comp 39 39 1,448 ####### 45‐5180‐10‐00 TMRS Expense 3,224 3,224 727 271 22.56 45‐5185‐10‐00 Long Term/Short Term Disabilit 53 53 ‐ 45‐5186‐10‐00 WELLE‐Wellness Prog Reimb Empl 420 420 86 35 20.42 45‐5191‐10‐00 Hiring Cost 40 40 ‐ 45‐5210‐10‐00 Office Supplies 400 400 ‐ 45‐5250‐10‐00 Publications 37 37 ‐ 45‐5310‐10‐00 Rental Expense 7,800 7,800 ‐ 45‐5320‐10‐00 Repairs & Maiantenance 800 800 ‐ 45‐5340‐10‐00 Building Repairs 500 500 ‐ 45‐5350‐10‐00 Vehicle Expense 1,500 1,500 ‐ 45‐5352‐10‐00 Fuel 2,000 2,000 174 62 8.72 45‐5353‐10‐00 Oil/Grease/Inspections 400 400 ‐ 45‐5400‐10‐00 Uniforms 1,700 1,700 466 27.41 45‐5410‐10‐00 Professional Services‐Storm Dr 5,000 5,000 14,000 14,000 280.00 45‐5480‐10‐00 Contract Services 38,000 38,000 ‐ 32 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 45‐5520‐10‐00 Telephones 300 300 ‐ 45‐5521‐10‐00 Cell Phone Expense 350 350 69 19.59 45‐5530‐10‐00 Travel/Lodging/Meals Expense 200 200 ‐ 45‐5536‐10‐00 Training/Seminars 800 800 ‐ 45‐5620‐10‐00 Tools & Equipment 2,000 2,000 ‐ 45‐5630‐10‐00 Safety Equipment 1,500 1,500 171 11.40 45‐5640‐10‐00 Signs & Hardware 600 600 ‐ 45‐5650‐10‐00 Maintenance Materials 4,000 4,000 982 982 24.56 45‐6140‐10‐00 Capital Expense‐Equipment 163,726 163,726 ‐ 45‐6193‐10‐00 2012 CO Bond Payment 106,918 106,918 ‐ 45‐7143‐10‐00 Transfer to Internal Serv. Fd 240 240 ‐ 45‐7147‐10‐00 Transfer to GF 12,540 12,540 3,135 1,045 25.00 Subtotal object ‐ 0 394,000 394,000 29,512 19,463 7.49 Program number: 394,000 394,000 29,512 19,463 7.49 Department number: 10 Administration 394,000 394,000 29,512 19,463 7.49 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 394,000 394,000 29,512 19,463 7.49 Fund number: 45 Storm Drainage Utility Fund 163,600 163,600 (30,856) (804) (18.86) 60‐4045‐60‐00 Park Dedication‐Fees (100,000) (100,000) ‐ 60‐4055‐60‐00 Park Improvement (200,000) (200,000) ‐ 60‐4530‐60‐00 Contributions (10,000) (10,000) ‐ 60‐4615‐60‐00 Interest‐Park Dedication (1,200) (1,200) (478) (180) 39.83 60‐4620‐60‐00 Interest‐Park Improvements (350) (350) (190) (61) 54.15 Subtotal object ‐ 0 (301,550) (301,550) (10,667) (10,241) 3.54 Program number: (301,550) (301,550) (10,667) (10,241) 3.54 Department number: 60 Parks and Recreation (301,550) (301,550) (10,667) (10,241) 3.54 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (301,550) (301,550) (10,667) (10,241) 3.54 60‐5290‐60‐00 Miscellaneous Expense 30 10 ‐ 60‐5410‐60‐00 Professional Services‐Pk Ded 5,433 5,433 ‐ 60‐5411‐60‐00 Professional Services‐Pk Imp 20,000 20,000 ‐ 60‐6120‐60‐00 Capital Exp‐Pk Improvements 30,000 30,000 ‐ 60‐6140‐60‐00 Capital Exp‐Pk Dedication 650,000 650,000 ‐ Subtotal object ‐ 0 700,000 700,000 5,463 5,443 0.78 Program number: 700,000 700,000 5,463 5,443 0.78 Department number: 60 Parks and Recreation 700,000 700,000 5,463 5,443 0.78 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 700,000 700,000 5,463 5,443 0.78 Fund number: 60 Parks & Recreation Fund 398,450 398,450 (5,204) (4,798) (1.31) 65‐4015‐99‐00 Impact Fees ‐Water (800,000) (800,000) (493,140) (79,991) 61.64 65‐4020‐99‐00 Impact Fees ‐Sewer (700,000) (700,000) (101,919) (32,281) 14.56 65‐4040‐99‐00 Thoroughfare Impact Fees (1,100,000) (1,100,000) (269,689) (89,232) 24.52 65‐4041‐99‐00 West Thorfare Imp. Fees Rev (71,496) (683) ‐ 65‐4615‐99‐00 Interest‐Water Impact Fee (4,000) (4,000) (1,007) (361) 25.19 65‐4620‐99‐00 Interest‐Sewer Impact Fee (4,000) (4,000) (454) (171) 11.34 33 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 2013 Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 65‐4640‐99‐00 Interest‐Thorfare Imp Fee (12,000) (12,000) (871) (353) 7.26 65‐4641‐99‐00 Interest‐West Thorfare imp fee (340) (120) ‐ Subtotal object ‐ 0 (2,620,000) (2,620,000) (938,917) (203,193) 35.84 Program number: (2,620,000) (2,620,000) (938,917) (203,193) 35.84 Department number: 99 Impact Fees (2,620,000) (2,620,000) (938,917) (203,193) 35.84 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (2,620,000) (2,620,000) (938,917) (203,193) 35.84 65‐5415‐99‐00 Professional Serv‐Water Imp Fe 1,220,000 1,220,000 42,418 2,359 3.48 65‐5420‐99‐00 Professional Serv‐Sewer Imp Fe 255,000 255,000 ‐ 65‐5440‐99‐00 Professional Serv‐Thorfare Imp 60,000 60,000 ‐ 65‐6115‐99‐00 Capital Expenditure‐Water 232,745 232,745 ‐ 65‐7144‐99‐00 Transfer to Capital Proj Fund 300,000 300,000 ‐ Subtotal object ‐ 0 1,835,000 1,835,000 275,163 235,104 15.00 Program number: 1,835,000 1,835,000 275,163 235,104 15.00 Department number: 99 Impact Fees 1,835,000 1,835,000 275,163 235,104 15.00 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 1,835,000 1,835,000 275,163 235,104 15.00 Fund number: 65 Impact Fees (785,000) (785,000) (663,753) 31,912 84.56 67‐4530‐10‐00 Police Donation Inc (16,000) (16,000) (6,283) (4,348) 39.27 67‐4531‐10‐00 Fire Dept‐Donation Inc (12,000) (12,000) (3,400) (795) 28.33 67‐4532‐10‐00 Safety Fair Donations (2,000) (2,000) ‐ 67‐4535‐10‐00 Child Safety Inc (9,000) (9,000) (3,532) 39.24 67‐4536‐10‐00 Court Security Revenue (2,900) (2,900) (1,177) (434) 40.57 67‐4537‐10‐00 Technology Fd Revenue (4,000) (4,000) (1,571) (578) 39.27 67‐4610‐10‐00 Interest Income (1,292) (430) ‐ 67‐4721‐10‐00 Country Xmas Donations (10,000) (10,000) (17,601) (7,451) 176.01 67‐4761‐10‐00 Tree Mitigation Revenue (14,175) ‐ 67‐4916‐10‐00 Cash Seizure Forfeit‐PD (500) (500) (2,250) 450.00 Subtotal object ‐ 0 (56,400) (56,400) (51,279) (14,035) 90.92 Program number: (56,400) (56,400) (51,279) (14,035) 90.92 Department number: 10 Administrative (56,400) (56,400) (51,279) (14,035) 90.92 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (56,400) (56,400) (51,279) (14,035) 90.92 67‐5202‐10‐00 Country Xmas Expense 10,000 10,000 ‐ 67‐5203‐10‐00 Court Technology Expense 12,200 12,200 3,571 3,564 29.27 67‐5204‐10‐00 Court Security Expense 2,500 2,500 204 68 8.16 67‐5205‐10‐00 Police Donation Exp 8,000 8,000 4,000 4,000 50.00 67‐5206‐10‐00 Fire Dept Donation Exp 8,000 8,000 1,199 592 14.99 67‐5207‐10‐00 Health & Safety Fair Exp 1,500 1,500 ‐ 67‐5208‐10‐00 Child Safety Expense 1,000 1,000 ‐ 67‐5209‐10‐00 Escrow Expense 15,500 15,500 182,024 182,024 ####### 67‐5216‐10‐00 Volunteer Per Diem Expense 165 ‐ 67‐5291‐10‐00 Special Operations 500 500 ‐ Subtotal object ‐ 0 59,200 59,200 191,164 190,249 322.91 Program number: 59,200 59,200 191,164 190,249 322.91 34 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 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: 10 Administrative 59,200 59,200 191,164 190,249 322.91 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 59,200 59,200 191,164 190,249 322.91 Fund number: 67 Special Revenue‐Donations 2,800 2,800 139,885 176,214 ####### 73‐5160‐10‐00 Health Insurance 21 21 ‐ Subtotal object ‐ 0 21 21 ‐ Program number: 21 21 ‐ Department number: 10 Administration 21 21 ‐ Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 21 21 ‐ Fund number: 73 Empl'ee Health Trust Fund 21 21 ‐ 75‐4530‐10‐00 Contributions (55,000) (55,000) ‐ 75‐4611‐10‐00 Interest‐2004 Bond (1,000) (1,000) (511) (171) 51.14 75‐4612‐10‐00 Interest‐2006 Bond (1,000) (1,000) (84) (25) 8.42 75‐4613‐10‐00 Interest 2008 Bond (1,000) (1,000) (4,926) (1,147) 492.64 75‐4615‐10‐00 Interest‐2011 Refd Bond (70) (70) ‐ 75‐4616‐10‐00 Interest 2012 GO Bond (5,000) (5,000) (2,942) (913) 58.83 75‐4999‐10‐00 Bond Proceeds (1,965,000) (1,965,000) ‐ Subtotal object ‐ 0 (1,973,070) (1,973,070) (63,464) (57,257) 3.22 Program number: (1,973,070) (1,973,070) (63,464) (57,257) 3.22 Department number: 10 Capital Projects (1,973,070) (1,973,070) (63,464) (57,257) 3.22 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (1,973,070) (1,973,070) (63,464) (57,257) 3.22 75‐5110‐10‐00 Salaries & Wages 92,820 92,820 20,050 6,794 21.60 75‐5140‐10‐00 Salaries ‐ Longevity 459 459 ‐ 75‐5141‐10‐00 Salary ‐ Incentive 300 300 ‐ 75‐5145‐10‐00 Social Security Expense 5,802 5,802 1,210 405 20.85 75‐5150‐10‐00 Medicare Expense 1,357 1,357 283 95 20.85 75‐5155‐10‐00 SUTA Expense 93 93 (252) (252) ####### 75‐5160‐10‐00 Health Insurance 5,400 5,400 851 567 15.76 75‐5165‐10‐00 Dental Insurance 360 360 48 24 13.41 75‐5170‐10‐00 Life Insurance/AD&D 114 114 19 8 16.94 75‐5175‐10‐00 Liability (TML) Workers' Comp 118 118 146 123.45 75‐5180‐10‐00 TMRS Expense 9,826 9,826 2,105 713 21.43 75‐5185‐10‐00 Long Term/Short Term Disabilit 173 173 ‐ 75‐5186‐10‐00 WELLE‐Wellness Prog Reimb‐Empl 420 420 ‐ 75‐5412‐10‐00 Professional Serv‐2006 Bond 6,589 ‐ 75‐5521‐10‐00 Cell Phone Expense 113 ‐ 75‐5533‐10‐00 Mileage Expense 1,657 ‐ 75‐6112‐10‐00 Capital Expenditures‐2006 Bond 3,411 2,390 ‐ 75‐6113‐10‐00 Capital Expenditure 2008 Bond 980,493 ‐ 75‐6116‐10‐00 Capital Expenditure ‐ WS Prjts 1,100 1,100 ‐ 75‐6610‐10‐00 Construction 4,662,758 4,662,758 ‐ Subtotal object ‐ 0 4,780,000 4,780,000 1,017,824 11,843 21.29 Program number: 4,780,000 4,780,000 1,017,824 11,843 21.29 35 of 36Item 5c TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSDECEMBER 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: 10 Capital Projects 4,780,000 4,780,000 1,017,824 11,843 21.29 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 4,780,000 4,780,000 1,017,824 11,843 21.29 Fund number: 75 Capital Projects 2,806,930 2,806,930 954,360 (45,413) 34.00 76‐4610‐10‐00 Interest Income (50,000) (50,000) (9,809) (3,047) 19.62 76‐4999‐10‐00 Bond Proceeds (1,000,000) (1,000,000) ‐ Subtotal object ‐ 0 (1,050,000) (1,050,000) (9,809) (3,047) 0.93 Program number: (1,050,000) (1,050,000) (9,809) (3,047) 0.93 Department number: 10 Capital Projects‐W/S (1,050,000) (1,050,000) (9,809) (3,047) 0.93 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (1,050,000) (1,050,000) (9,809) (3,047) 0.93 76‐6610‐10‐00 Construction 1,000,000 1,000,000 ‐ 76‐6610‐10‐00‐1202‐WA Construction 72,000 ‐ 76‐6610‐10‐00‐1203‐SW Construction 2,410 2,263 ‐ 76‐6610‐10‐00‐1203‐WA Construction 3,932 3,692 ‐ Subtotal object ‐ 0 1,000,000 1,000,000 78,341 5,955 7.83 Program number: 1,000,000 1,000,000 78,341 5,955 7.83 Department number: 10 Capital Projects‐W/S 1,000,000 1,000,000 78,341 5,955 7.83 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 1,000,000 1,000,000 78,341 5,955 7.83 Fund number: 76 Capital Projects ‐ Water/Sewer (50,000) (50,000) 68,532 2,909 ####### 36 of 36Item 5c To: Mayor and Town Council From: Chris Copple, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – January 28, 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 21, 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 Prosper Trail Estates Amenity Center Town Staff Recommendation: Town staff recommends the Town Council take no action on this item. Prosper is a place where everyone matters. PLANNING Item 5d Texas Board of Professional Engineers Registration No. F-439VICINITY MAPItem 5d 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 28, 2014 Agenda Item: Consider and act upon awarding Bid No. 2014-29-B to Quality Excavation LTD., related to the construction services for the 2nd Upper Plane 30/24-Inch Treated Water Pipeline; and authorizing the Town Manager to execute same. Description of Agenda Item: On January 23, 2014, at 2:00 pm, eleven (11) bids were opened for the 2nd Upper Plane 30/24-Inch Treated Water Pipeline. The verified totals from the bidders ranged between $3,599,581.00 and $4,499,815.00. This project will create a second water transmission line out of the newly expanded Custer Road Pump Station, to the corner of First Street and Coit Road. Additionally, the existing water line at First and Coit will be extended north to connect to the line feeding the Quail Lake subdivision. The establishing of a second feed out of the pump station will provide additional fault tolerance to the Town’s potable water system. Budget Impact: The total cost of the construction contract is $3,599,581.00. The current CIP budget for the construction project is $4,707,000.00. The revised construction budget of $3,699,581.00 includes a $100,000.00 contingency. The CIP will be amended to reflect a budget of $3,699,581.00 for this 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. 2014-29-B to Quality Excavation LTD., in the amount of $3,599,581.00, and authorize the Town Manager to execute a Construction Services Contract Agreement between Quality Excavation LTD., the Town of Prosper related to construction services for the 2nd Upper Plane 30/24-Inch Treated Water Pipeline. Prosper is a place where everyone matters. ENGINEERING Item 7 Page 2 of 2 Proposed Motion: I move to award Bid No. 2014-29-B to Quality Excavation LTD., in the amount of $3,599,581.00; and authorize the Town Manager to execute a Construction Services Contract Agreement between Quality Excavation LTD., and the Town of Prosper related to construction services for the 2nd Upper Plane 30/24-Inch Treated Water Pipeline. Item 7 Town of Prosper Bid TabulationBid No: 2014-29-B 2ND UPPER PLANE 30/24-INCH TREATED WATER PIPELINEBid Opening: 1/23/14 at 2:00 PM Base Bid Quality Excavation LTD $ 3,599,581.00 S.J. Louis Construction of Texas, LTD. $ 3,646,402.50 Spiess Construction Co., Inc. $ 3,994,198.00 S&J Construction Co., Inc. dba Jerry Allen Smith Construction Co. Inc. $ 3,957,366.30 McInnis Brothers Construction, Inc. $ 4,056,383.03 Mario Sinacola & Sons Excavating Inc $ 4 076 115 00 Mario Sinacola & Sons Excavating, Inc. $ 4,076,115.00 Wright Construction Co., Inc. $ 4,107,019.00 BAR Constructors, Inc. $ 4,126,466.00 North Texas Contracting, Inc. $ 4,148,341.00 Condie Construction Co., Inc. $ 4,403,571.00 Pittard Construction Company $ 4,499,815.00 Certified By: January M. Cook, CPPO, CPPBDate: January 23, 2014 Purchasing Agent Town of Prosper, Texas**All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of thebid/proposal on this tabulation sheet shall not be construed asa comment on the responsiveness of such bid/proposal or as anyindication that the agency accepts such bid/proposal as beingresponsive. The agency will make a determination as to theresponsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines andproject documents, including but not limited to the project specifications and contract documents. The agency will notify thesuccessful vendor upon award of the contract and, as according to thelaw, all bid/proposal responses received will be availablefor inspection at that time. Item 7 2ND UPPER PLANE 30/24-INCH WATERLINE PAGE 12 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 Quality Excavation LTD., a Texas company (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: 2ND UPPER PLANE 30/24-INCH WATERLINE BID NO. 2014-29-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 D ocuments 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 7 2ND UPPER PLANE 30/24-INCH WATERLINE PAGE 13 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 three million, five hundred, ninety-nine thousand, five hundred, eighty-one Dollars and zero cents ($ 3,599,581.00). 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 135 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 Item 7 2ND UPPER PLANE 30/24-INCH WATERLINE PAGE 14 MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, 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 7 2ND UPPER PLANE 30/24-INCH WATERLINE PAGE 15 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: 2ND UPPER PLANE 30/24-INCH WATERLINE Bid No. 2014-29-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. Item 7 2ND UPPER PLANE 30/24-INCH WATERLINE PAGE 16 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, Item 7 2ND UPPER PLANE 30/24-INCH WATERLINE PAGE 17 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 Item 7 2ND UPPER PLANE 30/24-INCH WATERLINE PAGE 18 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 Item 7 2ND UPPER PLANE 30/24-INCH WATERLINE PAGE 19 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 Item 7 2ND UPPER PLANE 30/24-INCH WATERLINE PAGE 20 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. Item 7 2ND UPPER PLANE 30/24-INCH WATERLINE PAGE 21 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 Item 7 2ND UPPER PLANE 30/24-INCH WATERLINE PAGE 22 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. Item 7 2ND UPPER PLANE 30/24-INCH WATERLINE PAGE 23 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. Item 7 2ND UPPER PLANE 30/24-INCH WATERLINE PAGE 24 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 Item 7 T OW N O F P RO S P E RT OW N O F P RO S P E R ¶The Town of Prosper has prepared this map or information for internal purposes only. It is made available under the Public Information Act. Any reliance on this map or information is AT YOUR OWN RISK. The Town of Prospser assumes noliability for any errors, omissions, or inaccuracies in the map or information regardless of the cause of such or for any decision made, actiontaken, or action not taken in reliance upon any maps or informationprovided herein. The Town of Prosper makes no warranty,representation, or guarantee of any kind regarding any maps orinformation provided herein or the sources of such maps orinformation and DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED AND IMPLIED, including the impliedwarranties of merchantability and fitness for a particular purpose. DISCLAIMER Prepared 1/24/14 30" Upper Plane Water LineItem 7 To: Mayor and Town Council From: Trish Eller, Code Compliance Officer Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – January 28, 2014 Agenda Item: Consider and act upon an Ordinance repealing and replacing Chapter 2 of the Code of Ordinances regarding Animal Control. Description of Agenda Item: The Town’s Animal Control standards are outdated and lack several regulations typically found in Animal Control ordinances from surrounding cities. At the March 2013 Strategic Planning Session, Town staff recommended that an update to the Animal Control Ordinance be included as a Major Initiative under goals to “Maintain Safety and Security.” In addition to adding several new regulations, the proposed Animal Control Ordinance updates and expands on the existing regulations. The Proposed Animal Control Ordinance: • Updates the definitions, including the definition of “public nuisance.” • Prohibits any person from interfering with an animal control officer while performing job duties. • Updates sanitary standards. • Includes requirements that the owner or person in control of the animal removes any fecal material if deposited upon property other than their own. • Includes additional restrictions on the restraint of animals. • Includes restriction on dogs utilizing a lease. • Updates the procedures regarding a Dangerous Animal. • Requires all dogs, cats, and ferrets to be vaccinated for rabies every three years. The rabies vaccination will serve as the animal’s registration, including guard dogs. • Updates impoundment procedures. • Updates regulations regarding the care and humane treatment of animals. Includes prohibiting animal fighting, the coloring of animals, the selling of certain animals, the abuse of animals, etc. • Prohibits any person to keep, own, possess, confine, care for, and/or sell any prohibited (wild) animal in the Town. • Provides for the keeping of livestock. Prohibits any person to keep livestock on any premises if the overall area is less than 1/3 acre for each livestock kept, or to keep more than can be cared for under sanitary conditions and not create a public nuisance. • Regulates the keeping of fowl, rabbits, and guinea pigs. Includes a maximum of 12 rabbits, guinea pigs, other rodents, or combination thereof. • Prohibits roosters, except on properties with an Agricultural property tax exemption. Prosper is a place where everyone matters. CODE COMPLIANCE Item 8 Page 1 of 2 • Provides a limit of a maximum of 12 fowl to be allowed in an enclosure, unless located on a property with an Agricultural property tax exemption. • Regulates the keeping of bees. • Prohibits the sale of animals on public property or in a parking lot. The Animal Control Ordinance was distributed to the Town’s Homeowner’s Association (HOA) email list to provide an opportunity for HOA representatives to review and comment. Budget Impact: There are no significant budget implications associated with the approval of this Ordinance. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Ordinance as to form and legality. Attached Documents: 1. Surrounding City Comparison Chart. 2. Existing Animal Control Ordinance. 3. Ordinance. Town Staff Recommendation: Town staff recommends the Town Council approve an Ordinance repealing and replacing Chapter 2 of the Code of Ordinances regarding Animal Control. Proposed Motion: I move to approve an Ordinance repealing and replacing Chapter 2 of the Code of Ordinances regarding Animal Control. Item 8 Page 2 of 2 Surrounding City Comparison Chart Prosper (Proposed)Celina Frisco Little Elm McKinney Maximum Dogs No maximum, shall meet sanitary standards 3 dogs and/or cats 6 dogs and/or cats 4 dogs and/or cats 4 dogs and/or cats Maximum Cats No maximum, shall meet sanitary standards 3 dogs and/or cats 6 dogs and/or cats 4 dogs and/or cats 4 dogs and/or cats Maximum Large Livestock 1/3 acre per livestock 2 acres per livestock 1 acre per livestock Permit required, but no limit 1/3 acre per lifestock Livestock Distance From Other Residence 100 feet 150 feet 100 feet 300 feet 150 feet Chickens 12 per enclosure, no maximum if AG exempt 6 per enclosure 12 per pen, 1/4 of maximum can be male 10 fowl maximum, 30 feet from other dwellings 12 per enclosure Roosters Prohibited, unless AG exempt 1 per lot Prohibited Prohibited Prohibited Registration of Dogs & Cats Yes, through rabies identification tag Yes, registration program Yes, voluntary Yes, registration program Yes, voluntary Tethering of Animals Prohibited, with certain exceptions Not addressed Prohibited Not addressed Prohibited, with certain exceptions Fighting of Animals Prohibited Prohibited Prohibited Prohibited Prohibited Animals on a Leash Required Yes Yes Yes Yes Yes Keeping of Swine Prohibited Prohibited Prohibited Prohibited, except for domesticated Prohibited Defication on Public/Private Property Addressed in ordinance Not addressed in ordinance Addressed in ordinance Addressed in ordinance Addressed in ordinance. Roadside/Parking Lot Sales Prohibited Prohibited, per zoning ordinance Prohibited Prohibited, per zoning ordinance Prohibited Additional Rabbits, Guinea Pigs & Other Rodents Maximum of 12 rabbits or guninea pigs or a combination of Maximum of 6 rabbits/6 guinea pigs Maximum of 3 ferrets/rabbits or combination Maximum of 2 rabbits/2 guinea pigs Maximum of 12 rabbits or guninea pigs or a combination of Wild Animals Prohibited Prohibited Prohibited Prohibited Prohibited Dangerous Animal Regulations Addressed in ordinance Addressed in ordinance Addressed in ordinance Addressed in ordinance Addressed in ordinance. Item 8 ARTICLE 2.01 GENERAL PROVISIONS* Sec. 2.01.001 Definitions Animal. Any living creature, including but not limited to dogs, cats, horses, birds, fish, mammals, reptiles, insects, fowl and livestock, but specifically excluding human beings. Animal control. The animal control function of the town. Animal control officer. Any person or agency designated by the supervisor of animal control or the town to enforce the provisions of this chapter. Cat. Any live or dead cat (Felis catus). Commercial stable. A facility where a fee is charged to house, pasture or rent horses or other livestock. (Ordinance 88-10, sec. I, adopted 6/14/88) Currently vaccinated. Vaccinated and satisfying the following criteria: (1) The domestic dog or cat must have been vaccinated against rabies by four (4) months of age. (2) The animal must receive a booster within the 12-month interval following the initial vaccination. (3) Every domestic dog or cat must be revaccinated against rabies at a minimum of at least once every three years with a rabies vaccine licensed by the United States Department of Agriculture. (Ordinance adopting Code) Dog. Any live or dead dog (Canis familiaris). Domestic animals. All species of animals commonly accepted as being domesticated. Harboring. The act of keeping and caring for an animal or of providing a premises to which the animal returns for food, shelter, or care for a period of three (3) consecutive days. Large livestock. Horses or any member of the domesticated horse family, including but not limited to mules, donkeys and ponies; and all types and varieties of cattle. Local health authority. A person or agency designated by the town to receive reports of animal bites, investigate bite reports, insure quarantine of possible rabid animals and otherwise carry out provisions of the state law pertaining to control and eradication of rabies. Owner. Any person, firm or corporation having title to any animal; or a person who has, harbors or keeps or causes or permits to be harbored or kept any animal in his care or who permits an animal to remain on or about his premises. Pet animal. Dogs, cats, rabbits, rodents, birds, reptiles and any other specie of animal that is sold or retained as a household pet but shall not include skunks, nonhuman primates and any other specie of wild, exotic, or carnivorous animal that may be further restricted in this chapter. http://z2codes.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 1 of 10 11/15/2013 4:01 PM Item 8 Running at large. Not completely confined by a building, wall or fence of sufficient strength or construction to restrain the animal, or not on a leash or held in the hands of the owner or keeper, or not under direct supervision of the owner within the limits of the owner’s private property. Small livestock. All types of domesticated swine, sheep and goats. Stray animal. Any animal for which there is no identifiable owner or harborer. Supervisor of animal control. The person designated by the town council to supervise all aspects of animal control. Vaccinated. Properly injected with a rabies vaccine licensed for use in that species by the United States Department of Agriculture and administered by a veterinarian licensed to practice in the state. Vicious animal. Any individual animal or any specie that has on one previous occasion without provocation attacked or bitten any person or other animal, or any individual animal that the local health authority or supervisor of animal control has reason to believe has a dangerous disposition, or any specie of animal that the local health authority or supervisor has reason to believe has a dangerous disposition likely to be harmful to humans or other animals. (Ordinance 88-10, sec. I, adopted 6/14/88) Wild animal. Any poisonous or dangerous reptile, or any other species of animals that commonly exist in a natural, unconfined state and are usually not domesticated, including, but not limited to, foxes, opossums, raccoons, squirrels, monkeys, baboons, chimpanzees, gorillas, ocelots, foxes, skunks, leopards, panthers, cougars, cheetahs, jaguars, bobcats, lynx, servals, caracals, hyenas, coyotes, jackals, orangutans, tigers, lions, alligators, crocodiles, boa constrictors, unless certified for medical, biological, herpetological or other scientific research or study, or any hybrid of an animal listed in this definition. This definition shall apply regardless of state or duration of captivity. (Ordinance 01-30, sec. 2(I), adopted 12/11/01) Sec. 2.01.002 Enforcement (a) Enforcement of this chapter shall be the responsibility of the local health authority or an animal control officer. The local health authority or animal control officer shall have the authority to issue citations for any violation of this chapter. If the person being cited is not present, the local health authority or animal control officer may send the citation to the alleged offender by registered or certified mail. It shall be unlawful for any person to interfere with the local health authority or animal control officer in the performance of duties. The local health authority and animal control officer are given the right to go onto any private property in the town at reasonable times for the purpose of determining whether or not any provision of this chapter has been violated and to impound any animal kept or harbored in violation of any terms of this chapter. (Ordinance 88-10, sec. XVI, adopted 6/14/88; Ordinance adopting Code) (b) To the extent of any conflict between this article, and other animal control laws of the town, and the regulations of Collin County, Texas regarding animal control, which are enforced in the town by Collin County pursuant to a written agreement between the town and Collin County, then the regulations of Collin County shall apply and be enforceable in the town. (Ordinance 06-84, adopted 8/22/06) Sec. 2.01.003 Penalty It shall be unlawful for any person owning or harboring any animal to allow or to permit such animal to run or to be at large within the town limits. The designated representative of the town may cite any owner permitting an animal to run at large, and the said owner, if convicted in municipal court, shall be fined as provided in section 1.01.009 of this code. (Ordinance 88-10, sec. XIV(1), adopted 6/14/88) Sec. 2.01.004 Nuisances (a) Noise. The keeping of any animal which, by causing frequent or long-continued barking, cry or noise that shall disturb any person of ordinary sensibilities in the vicinity, is prohibited. http://z2codes.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 2 of 10 11/15/2013 4:01 PM Item 8 (b) Health nuisances; presence on property. The keeping of any animal in such a manner as to endanger the public health, to annoy neighbors by the accumulation of animal wastes which cause foul and offensive odors, or is considered to be a hazard to any other animal or human being or by continued presence on the premises of another is prohibited. (c) Offensive pens, stables or enclosures. Animal pens, stables or enclosures in which any animals may be kept or confined that have become offensive to a person of ordinary sensitivities are prohibited. (d) Beekeeping. The keeping of bees in such a manner as to deny the lawful use of adjacent property or endanger personal health and welfare is prohibited. (e) Cats persistently running at large. Persistent laxness in supervision of cats so that their running at large results in disturbance to persons of ordinary sensibilities is prohibited. (Ordinance 88-10, sec. VII, adopted 6/14/88) Sec. 2.01.005 Prohibited animals (a) It shall be unlawful for any person to sell, offer for sale, barter, or give away as toys, premiums or novelties baby chickens, ducklings, or other fowl under three (3) weeks old and rabbits under two (2) months old; sale of such animals for agriculture purposes is exempt from this provision. (b) It shall be unlawful to color, dye, stain, or otherwise change the natural color of any chickens, ducklings, other fowl, or rabbit, or to possess for the purpose of sale or to be given away any of the above-mentioned animals which have been so colored. (Ordinance 88-10, sec. VIII, adopted 6/14/88) (c) It shall be unlawful to keep, own, possess, confine, care for and/or sell any wild animal inside the town. (Ordinance 01-30, sec. 3(VIII), adopted 12/11/01) Sec. 2.01.006 Keeping of swine It shall be unlawful for any person to keep any swine within the town limits, except for any swine kept by the agriculture department of the Prosper Independent School District in and/or on the following described property: Collin County School Land Survey, Abstract No. 147, Sheet 2, Tract 5, Prosper, Collin County, Texas containing 20.031 acres of land. (Ordinance 01-30, sec. 4, adopted 12/11/01) State law reference–Authority of municipality to prohibit or otherwise regulate the keeping of livestock and swine, V.T.C.A., Local Government Code, sec. 215.026(b). Sec. 2.01.007 Dangerous dogs; dangerous wild animals (a) Dangerous dogs. The procedures for determining that a dog is dangerous and for disposition of the dangerous dog shall be as provided in V.T.C.A., Health and Safety Code, section 822.041 et seq., and the town hereby adopts such provisions by reference the same as if included in this subsection. (b) Dangerous wild animals. The definition of dangerous wild animals, the registration requirements, and the keeping of dangerous wild animals within the town shall be as provided in V.T.C.A., Health and Safety Code, section 822.101 et seq., and the town hereby adopts such provisions by reference the same as if included in this subsection. (Ordinance adopting Code) ARTICLE 2.02 DOGS AND CATS Division 1. Generally http://z2codes.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 3 of 10 11/15/2013 4:01 PM Item 8 Sec. 2.02.001 Adoption (a) Adopting of a dog or cat from the animal shelter may take place under the following conditions: (1) The animal has been classified as adoptable by the animal control officer; (2) The prospective adopter can meet all of the adoption guidelines as set forth by the Collin County Humane Society; (3) The prospective adopter obtains all necessary vaccinations, registration and sterilization; and (4) The prospective adopter pays the adoption fee of $30.00 for a dog or $15.00 for a cat per animal, plus a sterilization deposit of $25.00 for a dog or $10.00 for a cat per animal. Upon proof of vaccination and sterilization, said deposit will be refunded by the Collin County Humane Society. (b) The supervisor of animal control shall refuse to allow a person to adopt a dog or cat from the animal shelter when the supervisor has reason to believe that person would be not able to obtain a registration certificate under this chapter, would not have proper facilities for care of the animal, wants the animal for purposes of resale or purposes other than pet ownership, would not be a suitable owner within the sole discretion of the supervisor of animal control, or that the animal would be a hazard to humans or other animals in the opinion of the supervisor of animal control. (Ordinance 88-10, sec. XII, adopted 6/14/88) State law reference–Sterilization of dog or cat released for adoption, V.T.C.A., Health and Safety Code, ch. 828. Secs. 2.02.002–2.02.030 Reserved Division 2. Registration* Sec. 2.02.031 Required (a) No owner shall have within the town any dog or cat four (4) months of age or older unless such dog or cat is currently registered with animal control. A current metal registration certificate issued by animal control, or a veterinarian authorized by animal control to issue the certificate, must be affixed to a collar or harness that must be worn by the dog or cat at all times. No dog or cat shall be registered until it has a current vaccination. (b) Application for initial issuance or renewal of each registration must be made by the owner in writing or in person and be accompanied by a fee of ten dollars ($10.00). If the cat or dog being registered has been neutered or spayed and proof of such surgical sterilization can be shown to an animal control officer or a veterinarian authorized to issue such registrations, the fee will then be five dollars ($5.00). Dogs and cats under the age of one (1) year shall be registered at the sterilization fee. Animals may be exempt from the sterilization provision upon written recommendation from a veterinarian that such alteration would be harmful or dangerous to the animal. (c) Registration certificates shall be renewed annually. The registration period will be from January 1 to December 31. Certificates for the new period shall be available for sale at least thirty (30) days in advance of the sixty (60) days following January 1st and shall constitute a valid registration upon issuance. (d) A registration and/or vaccination certificate (and tag) shall be valid only for the animal for which it was originally issued. (e) If there is a change in ownership of a registered dog or cat, the new owner may have the registration transferred to his name. There shall be no charge for said transfer. Application for such transfer shall be made to animal control in writing or in person. (f) Fee exempt registrations may be issued for the following: http://z2codes.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 4 of 10 11/15/2013 4:01 PM Item 8 (1) Police or sheriff’s department dog; and (2) Dogs trained to assist the audio or visually impaired person. Eligibility for fee-exempt registration does not relieve the owner of his responsibility under other provisions of this chapter. (g) Veterinarians authorized by animal control to issue animal registration certificates may retain one dollar ($1.00) of the registration fee for every animal registered in accordance with this chapter. (Ordinance 88-10, sec. V(1), adopted 6/14/88) Sec. 2.02.032 Denial (a) The supervisor of animal control may refuse to register a cat or dog or revoke a permit issued to any person who has been convicted in any duly authorized court of jurisdiction in the state or resides with any person so convicted of any of the following: (1) Cruelty to animals as defined in the Texas Penal Code, article 42.11, inhumane treatment, or negligence to an animal; and (2) Conviction of four (4) or more separate and distinct violations of an animal control ordinance of a municipality in the state within any 12-month period. (b) Any person denied such a registration may appeal the refusal to the municipal judge. The municipal judge shall uphold, overturn, or modify the supervisor of animal control’s refusal to issue a registration certificate. (Ordinance 88-10, sec. V(2), adopted 6/14/88) Sec. 2.02.033 Guard dogs Every person having care, control or custody of any dog that has received guard dog training must register such dog with the supervisor of animal control. Any dog which has received guard dog training may be destroyed when such dog is found running at large. The owner or keeper of guard dogs shall be subject to the other provisions of this division. An ID collar identifying the dog as a guard dog must be worn at all times, and the dog must wear a muzzle out of confinement. (Ordinance 88-10, sec. V(3), adopted 6/14/88) State law references–Private Security Act, V.T.C.A., Occupations Code, ch. 1702; licensing and duties of guard dog companies, V.T.C.A., Occupations Code, sec. 1702.109 et seq. ARTICLE 2.03 RABIES CONTROL* Sec. 2.03.001 Vaccinations Every owner of a dog or cat shall have such animal vaccinated against rabies by four (4) months of age. The dog or cat vaccinated by four (4) months of age shall receive a booster within the 12-month interval following the initial vaccination and annually thereafter. Any person moving into the town from a location outside of the town shall comply with this section within thirty (30) days after having moved into the town. If a dog or cat has inflicted a bite on any person or another animal, within the last ten (10) days, the owner of said unvaccinated dog or cat shall report such fact to the veterinarian, and no rabies vaccine shall be administered until after the ten-day observation period. (Ordinance 88-10, sec. II(1), adopted 6/14/88; Ordinance adopting Code) Sec. 2.03.002 Certificate of vaccination Upon vaccination, the veterinarian shall execute and furnish to the owner of the dog of cat, as evidence thereof, a certificate upon a form furnished by the veterinarian. The veterinarian shall retain a duplicate copy. Such certificate shall contain the following information: http://z2codes.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 5 of 10 11/15/2013 4:01 PM Item 8 (1) The name, address and telephone number of the owner of the vaccinated dog or cat; (2) The date of vaccination; (3) The type of rabies vaccine used; (4) The year and number of rabies tag; and (5) The breed, age, color and sex of the vaccinated dog of cat. (Ordinance 88-10, sec. II(2), adopted 6/14/88) Sec. 2.03.003 Rabies tags (a) Concurrent with the issuance and delivery of the certificate of vaccination referred to in section 2.03.002, the owner of the dog or cat shall cause to be attached to the collar or harness of the vaccinated dog or cat a metal tag, serially numbered to correspond with the vaccination certificate number, and bearing the year of issuance and the name of the issuing veterinarian and his address. The owner shall cause the collar or harness, with the attached metal tag, to be worn by his dog or cat at all times. (b) In the event of loss or destruction of the original tag provided in subsection (a) of this section, the owner of the dog or cat shall obtain a duplicate tag. A vaccination certificate (and tag) shall be valid only for the animal for which it was originally issued. (Ordinance 88-10, sec. II(3), (4), adopted 6/14/88) Sec. 2.03.004 Display of proof of vaccination It shall be unlawful for any person who owns or harbors a vaccinated dog or cat to fail or refuse to exhibit his copy of the certificate of vaccination upon demand to any person charged with the enforcement of this chapter. (Ordinance 88-10, sec. II(5), adopted 6/14/88) Sec. 2.03.005 Harboring unvaccinated animal It shall be unlawful for any person to harbor any dog or cat that has not been vaccinated against rabies, as provided herein, or that cannot be identified as having a current vaccination certificate. (Ordinance 88-10, sec. II(6), adopted 6/14/88) Sec. 2.03.006 Animals exposed to rabies Any person having knowledge of the existence of any animal known to have been, or suspected of being, exposed to rabies must immediately report such knowledge to the local health authority, giving any information that may be required. For any animal known to have been, or suspected of being, exposed to rabies, the following rules must apply: (1) Animals having a current vaccination must be revaccinated immediately and confined according to the method prescribed by the local health authority for a period of not less than forty-five (45) days. (2) Animals not having a current vaccination should be humanely destroyed. However, if the owner of such an animal elects, he may, at his expense and in a manner prescribed by the local health authority, confine said animal. Such animal must be vaccinated immediately following exposure and quarantined for not less than ninety (90) days. A revaccination shall be done during the third and eighth weeks of isolation. (Ordinance 88-10, sec. II(7), adopted 6/14/88; Ordinance adopting Code) Sec. 2.03.007 Reporting cases of humans bitten by animals susceptible to rabies Related procedures: http://z2codes.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 6 of 10 11/15/2013 4:01 PM Item 8 (1) Any person having knowledge of an animal bite to a human will report the incident to the police or local health authority as soon as possible, but not later than twenty-four (24) hours from the time of the incident. (2) The owner of the biting animal will place that animal in quarantine under the supervision of the local health authority as prescribed in section 2.03.008. (3) Utilizing standardized reporting forms provided by the department of state health services, the local health authority will investigate each bite incident. (4) Human bites from rodents, rabbits, birds and all cold-blooded animals are excluded from the reporting requirements of this section. (Ordinance 88-10, sec. III, adopted 6/14/88) Sec. 2.03.008 Quarantine procedure for animals (a) When a domestic dog, cat, or domestic ferret that has bitten a human is identified, the owner is required to quarantine the animal for ten (10) days’ confinement at the owner’s expense. Refusal to produce said dog or cat or other animal constitutes a violation of this section, and each day of such refusal constitutes a separate and individual violation. The ten-day observation period will begin on the day of the bite incident. The animal must be placed in the animal control facilities specified for this purpose, if available. However, the owner of the animal may request permission from the local health authority for home quarantine if the following criteria can be met: (1) Secure facilities must be available at the home of the animal’s owner, and must be approved by the local health authority. (2) The animal is currently vaccinated against rabies. (3) The animal control officer, local health authority or licensed veterinarian must observe the animal at least on the first and last days of the quarantine period. If the animal becomes ill during the observation period, the local health authority must be notified by the person having possession of the animal. At the end of the observation period, the release from quarantine must be accomplished in writing. (4) The animal was not in violation of any laws at the time of the bite. (5) The animal was not a stray at the time of the bite. (b) If the biting animal cannot be maintained in secure quarantine, it shall be humanely destroyed and the brain submitted to a department of state health services certified laboratory for rabies diagnosis. (c) It shall be unlawful for any person to interrupt the ten-day observation period. (d) No wild animal will be placed in quarantine. All wild animals involved in biting incidents will be humanely killed in such a manner that the brain is not mutilated. The brain shall be submitted to a department of state health services certified laboratory for rabies diagnosis. (Ordinance 88-10, sec. IV, adopted 6/14/88; Ordinance adopting Code) ARTICLE 2.04 RUNNING AT LARGE; IMPOUNDMENT* Sec. 2.04.001 Running at large (a) It shall be unlawful for any dog or other animal possessed, kept, or harbored, other than a cat, to run at large as is defined in section 2.01.001 of this chapter. Editor’s note–A handwritten note on Ordinance 88-10 at section VI(1) states “Amended 12/13/88.” However, at the time http://z2codes.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 7 of 10 11/15/2013 4:01 PM Item 8 of printing, the editor had not received any ordinance from the town that was adopted on that date. Therefore, subsection (a) above is printed as enacted in Ordinance 88-10. (b) The animal control officer is authorized to impound such animals running at large, other than a cat, and may impound a cat under conditions specified in section 2.04.002 of this article or when he has received a complaint that the cat has caused a nuisance or hazard to the health or welfare of human or animal population. (Ordinance 88-10, sec. VI, adopted 6/14/88) Sec. 2.04.002 Impoundment (a) The following animals may be impounded: (1) Cats and dogs not exhibiting evidence of being vaccinated or registered as described in division 2 of article 2.02; (2) Any animal infected with rabies or kept under conditions that could endanger the public or animal health; (3) Any animal that creates a nuisance, as defined in section 2.01.004; (4) Any animal found running at large, as described in section 2.04.001; (5) Any animal treated in a manner determined by an animal control officer to be cruel and inhumane; (6) Any animal that has bitten a human being or needs to be placed under observation for rabies determination, as determined by an animal control officer; (7) Any animal violating any provision of this chapter. (b) If any of the animals named in this chapter are found upon the premises of any person, the owner or occupant of the premises shall have the right to confine such animal in a humane manner until he can notify an animal control officer to retrieve the animal for impoundment. When so notified, it shall be the duty of the animal control officer to impound such animal as herein provided. (c) Reasonable effort shall be made by an animal control officer to contact the owner of any animal impounded that is wearing a current registration tag; however, final responsibility for location of an impounded animal is that of the owner. (d) The owner can resume possession of any impounded animal upon payment of impoundment fees, handling fees and any veterinarian bills incurred by animal control for the welfare of the animal, and upon compliance with vaccination and registration provisions of this chapter, except where prohibited in subsections (e) and (f) of this section. (e) Disposition of animals impounded on the grounds of cruel or inhumane treatment shall be determined by the court of jurisdiction. (f) If any animal is being held in quarantine or observation for rabies, the owner shall not be entitled to possession until it has been released from quarantine. (g) The town council shall select and establish a place for impounding animals under any provision of this chapter. (h) Any animal not reclaimed by the owner may be humanely euthanized after being impounded for three (3) working days, except that any animal wearing a current registration certificate tag shall be impounded for not less than six (6) days. (i) Any impounded vicious or wild animal, unless there is reason to believe it has an owner, may be immediately disposed of as may be deemed appropriate by the supervisor of animal control. http://z2codes.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 8 of 10 11/15/2013 4:01 PM Item 8 (j) Any nursing baby animal impounded without its mother, or where the mother cannot or refuses to provide nutritious milk, may be immediately euthanized to prevent further suffering. (k) Any impounded dog or cat not wearing a registration certificate tag may be given up for adoption after three (3) working days of impoundment, except those under quarantine. Any impounded dog or cat wearing a current registration tag may be given up for adoption on the seventh (7th) day of confinement. (l) An owner who no longer wishes responsibility for an animal or who believes the animal to be in an ill or injured condition may sign a written waiver supplied by animal control allowing the animal to be immediately euthanized in a humane manner, providing that no warm-blooded animal that has bitten a human being shall be euthanized before expiration of the ten-day quarantine period. (m) Any impounded animal that appears to be suffering from extreme injury or illness may be euthanized or given to a nonprofit humane organization for the purpose of veterinary care, as determined by the supervisor of animal control. (Ordinance 88-10, sec. X, adopted 6/14/88) Sec. 2.04.003 Impoundment fees (a) Class A, dogs and cats. Impoundment fees for each dog or cat spayed or neutered (sterilized) shall be as follows: 1st impoundment in 12 months $10.00 2nd impoundment in 12 months $15.00 3rd impoundment in 12 months $20.00 4th impoundment in 12 months $25.00 Impoundment fees for each dog or cat unspayed or unneutered (if proof of surgical sterilization is provided within fifteen (15) days from the date an animal is impounded, the difference in impoundment and other fees between sterilization and nonsterilization will be refunded), shall be as follows: 1st impoundment in 12 months $25.00 2nd impoundment in 12 months $30.00 3rd impoundment in 12 months $40.00 4th impoundment in 12 months $50.00 Dogs and cats under the age of one (1) year shall be charged the sterilized animal fee. Animals may be exempted from sterilization upon written recommendation from a licensed veterinarian that such alternatives would be harmful or dangerous to the animal. Owners of these animals are to be subject to the lower impoundment fee. (b) Class B. Small livestock shall include goats, sheep, lambs, swine, calves, foals and animals of the same approximate size and weight. Fees shall be set by the county in according with the Texas Estray Act. (c) Class C. Large livestock shall include cattle, horses, ponies, mules and animals of the same approximate size and weight. Fees shall be set by the county in accordance with the Texas Estray Act. http://z2codes.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 9 of 10 11/15/2013 4:01 PM Item 8 (d) Class D. Animals not listed hereinabove shall be disposed of at the discretion of the animal control division. (e) Daily handling fee. A daily handling fee shall be charged for every day, or fraction thereof, that an animal is at the animal shelter. Said fee shall be based upon the class of animal enumerated above. Class A animals shall be charged three dollars ($3.00) per day per animal, and class D animals shall be charged five dollars ($5.00) per day per animal. (Class B and class C animals are impounded by the county in accordance with the Texas Estray Act.) (f) The owner of any class A animal held in quarantine for observation purposes shall be charged five dollars ($5.00) for each day or fraction of a day an animal is at the animal shelter. The owner of a class D animal shall be charged ten dollars ($10.00) for each day or fraction of a day the animal is quarantined at the animal shelter. This is in addition to impoundment and daily handling fees. (Ordinance 88-10, sec. XI, adopted 6/14/88) Sec. 2.04.004 Payment of impoundment fees Every owner of an animal impounded by the animal control officer or voluntarily impounded by the owner shall be liable for all costs and fees incurred by such impoundment. (Ordinance 88-10, sec. XIII, adopted 6/14/88) http://z2codes.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 10 of 10 11/15/2013 4:01 PM Item 8 TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, REPEALING CHAPTER 2, “ANIMAL CONTROL,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, AND REPLACING IT WITH A NEW CHAPTER 2, “ANIMAL CONTROL,” GENERALLY PROVIDING FOR THE CONTROL OF ANIMALS; PROVIDING FOR DEFINITIONS; PROVIDING FOR RABIES CONTROL; PROVIDING A VIOLATION FOR RUNNING AT LARGE; PROVIDING FOR REGISTRATION; PROVIDING FOR IMPOUNDMENT; PROVIDING FOR QUARANTINE; PROVIDING FOR NUISANCES; PROHIBITING CERTAIN ANIMALS; PROVIDING FOR THE CONTROL OF VICIOUS ANIMALS; PROVIDING FOR SANITARY CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council)” has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas (“Town” or “Prosper”) to repeal the existing Chapter 2 of the Code of Ordinances relating to animal control, and replacing it with a new Chapter 2, entitled “Animal Control.” NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Existing Chapter 2, “Animal Control,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby repealed in its entirety and replaced with a new Chapter 2, “Animal Control,” to read as follows: “ARTICLE 2.01 - IN GENERAL Sec. 2.01.001 - Definitions. Sec. 2.01.002 - Purpose and scope. Sec. 2.01.003 - Exemption of Town officials from liability. Sec. 2.01.004 - Incorporation by reference. Sec. 2.01.005 - Interference with Animal Control Officer. Sec. 2.01.006 - Sanitary standards. Sec. 2.01.007 - Inspection of animals and premises. Sec. 2.01.008 - Noncomplying premises; remedies. Sec. 2.01.009 - Number of dogs and cats at residences. Sec. 2.01.010 - Public nuisances declared unlawful. Sec. 2.01.011 - Parental responsibility. Item 8 Ordinance No. 14 - Page 2 ARTICLE 2.02 - RESTRAINT OF ANIMALS Sec. 2.02.001 - Restraint of animals. Sec. 2.02.002 - Secure animals on a leash. ARTICLE 2.03 - DANGEROUS ANIMALS Sec. 2.03.001 - Nuisance declared. Sec. 2.03.002 - Finding of an animal as "dangerous." Sec. 2.03.003 - Requirements for owner of dangerous animal. Sec. 2.03.004 - Failure to comply with requirements. Sec. 2.03.005 - Registration of a dangerous animal. Sec. 2.03.006 - Attack by dangerous animal. Sec. 2.03.007 - Violations. Sec. 2.03.008 - Defenses. ARTICLE 2.04 -DOG AND CAT LICENSES Sec. 2.04.001 - Rabies vaccination tag serves as Town registration. ARTICLE 2.05-RABIES CONTROL Sec. 2.05.001 - Rabies vaccination. Sec. 2.05.002 - Domestic animals that exhibit rabies symptoms or reasonably indicate rabies symptoms. ARTICLE 2.06 - ANIMAL CONTROL IMPOUNDMENT Sec. 2.06.001 - Impoundment; notice; disposition. Sec. 2.06.002 - Impoundment time; fees; redemption of animal. ARTICLE 2.07- CARE AND HUMANE TREATMENT OF ANIMALS Sec. 2.07.001 - Unlawful acts enumerated. Sec. 2.07.002 - Keeping of certain animals prohibited Sec. 2.07.003 - Guard dogs. Sec. 2.07.004 - Keeping of livestock. Sec. 2.07.005 - Impounding of livestock. Sec. 2.07.006 - Keeping of fowl, rabbits and guinea pigs restricted. Sec. 2.07.007 - Keeping of bees. Sec. 2.07.008 - Disposal of dead animals. Sec. 2.07.009 - Proper care of animals. ARTICLE 2.08 - ANIMAL ESTABLISHMENTS Sec. 2.08.001 - Compliance. Item 8 Ordinance No. 14 - Page 3 Sec. 2.08.002 - Minimum standards for animal establishments. Sec. 2.08.003 - Prohibited sales. ARTICLE 2.01 IN GENERAL Sec. 2.01.001 - Definitions. As used in this chapter, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandon means to dump, desert, or leave any animal on public or private property with the intent of terminating any further responsibility for said animal, or to fail to timely redeem an animal impounded by Animal Control, as specified herein. Animal means any living, vertebrate creature, domestic or wild, other than Homo sapiens. Animal care and control center means any facility operated or designated by the Town for the purpose of impounding and caring for animals as prescribed by law. Animal Control means the town’s code compliance division or other staff as authorized by the Town Manager with authority to enforce the provisions of this chapter and state law related to the health, care, and safety of animals. Animal Control Officer means an authorized agent or employee of the Town to enforce the provisions of this chapter. Animal establishment means any pet shop, kennel, grooming shop, auction, flea market, performing animal exhibition, or other facility engaged in the handling of domestic animals, excluding veterinary clinics, hospitals, animal shelters, and individuals caring for animals in their private residence in compliance with the terms of this chapter. Assistance animal means an animal that is specially trained or equipped to help a person with a disability and that: (1) Is used by a person with a disability who has satisfactorily completed a specific course of training in the use of the animal; and (2) Has been trained by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities as reputable and competent to provide animals with training of this type. At large or running at large means an animal, including fowl or livestock, not in a Secure enclosure or not completely confined by a building, wall, pen or fence of sufficient strength of construction, to physically restrain the Animal on the premises behind the front building line of the Owner or Custodian, or an Animal that is not under the physical restraint of the Owner or Custodian or any other person authorized by the Owner to care for the Animal by leash, cord, chain, or rope. Bodily injury means physical pain, illness, or any impairment of physical condition. Cat means a commonly domesticated member of the Felidae (feline) family, other than a lion, tiger, bobcat, jaguar, panther, leopard, cougar, or other prohibited animal. Item 8 Ordinance No. 14 - Page 4 Circus means a commercial variety show featuring animal acts for public entertainment, including a petting zoo. Currently vaccinated means the inoculation of an animal with a rabies vaccine or other medicine satisfying all of the following criteria. (1) The animal must have been vaccinated against rabies with a vaccine licensed by the United States Department of Agriculture (USDA) for that animal species at or after the minimum age requirement and using the recommended route of administration for the vaccine; (2) At least 30 days have elapsed since the initial vaccination; and (3) The time elapsed since the most recent vaccination has not exceeded the recommended interval for booster vaccination as established by the manufacturer and as required by state law. Dangerous animal means an animal that: (1) Makes an unprovoked attack on a person or other animal that causes bodily injury and occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own; or (2) Commits unprovoked acts in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own and those acts cause a person to reasonably believe the animal will attack and cause bodily injury to that person. Direct physical control means control within the owner's observation and in such close proximity as to permit the owner reasonable opportunity to control the animal, should it become necessary to do so in order to protect the animal, a person, or another animal from harm. Dog means a commonly domesticated member of the Canidae (canine) family, other than a wolf, jackal, fox, dingo, coyote, or other prohibited canines. Dog tethering means using a chain, rope, tether, leash, cable, or other device to attach a dog to a stationary object or trolley system. Domestic animal means any animal whose physiology has been determined or manipulated through selective breeding, and that does not occur naturally in the wild, and that may be vaccinated against rabies with an approved rabies vaccine, and that has an established rabies quarantine observation period. The term domestic animal includes livestock, caged or penned fowl other than animals belonging to the class Aves, order Falconiforms and subdivision Raptae, normal household pets, such as but not limited to dogs, cats, cockatiels, ferrets, hamsters, guinea pigs, gerbils, rabbits, fish or small, non-poisonous reptiles or non-poisonous snakes. Emu means a fowl of the Order of Struthioniforme. Fowl means any bird of any kind. Guard dog means any dog that has been trained for the purpose of protecting property by a guard dog company that is required to be licensed pursuant to Texas Occupations Code, Ch. 1702, as amended from time to time, or a dog that received protection or guard dog training and is used by law Item 8 Ordinance No. 14 - Page 5 enforcement, private security, or in protective functions where the dog is responsive to control by its owner or handler and is used only for protective functions, irrespective of its status as a personal pet of its owner or handler. Impound means to take an animal into custody by the Town; impoundment shall begin at the time any Animal Control Officer or police officer takes control of an animal either by hand, rope, trap, projectile or confinement to a vehicle. Kennel means any premises in which five or more dogs three months of age or older are kept, or where the business of buying, selling, breeding, grooming, training or boarding of dogs is conducted. The term "Kennel" does not include veterinary hospitals or humane societies. Licensed veterinarian means a person authorized to practice veterinary medicine who is currently licensed by the state board of veterinary medical examiners. Livestock means an animal raised for human consumption or an equine animal including , but not limited to, a horse, stallion, mare, gelding, filly, colt, mule, hinny, jack, jennet, hog, sheep, goat, a head of any species of cattle, or an emu, ostrich, or rhea. Local Rabies Control Authority (LRCA) means the officer designated by the Town under the Texas Health and Safety Code § 826.017, as amended, or his or her designee. Ostrich means a fowl of the Order of Struthioniforme. Owner means any person who owns, keeps, shelters, maintains, feeds, harbors, or has temporary or permanent custody of a domestic or prohibited animal, or who knowingly permits a domestic or prohibited animal to remain on or about any premises occupied by that person or over which that person has control. An animal shall be deemed to be owned by a person who harbored it, fed it, or sheltered it for three consecutive days or more. Person means an individual, association, partnership, corporation, trust, estate, joint-stock company, or foundation. Pet means any animal kept for pleasure rather than utility. Pet shop means a commercial enterprise regularly engaged in the buying, selling, grooming, breeding or boarding of animals. Prohibited animal means: (1) any animal not normally born and raised in captivity, including but not limited to the following: a. Class Reptilia: Family Helodermatidae (venomous lizards) and Family Hydrophiidae (Venomous Marine snakes); Family Viperidae (rattlesnakes, pit vipers, and true vipers); Family Elapidae (coral snakes, cobras, and mambas); Family Columbridae- DispholidusTypus (boomslang); BiogaDendrophilia (mangrove snake) and Kirklandii (twig snake only); Order Crocodilia (such as crocodiles and alligators); Family Boidae (boa constrictor; anaconda) over eight feet in length; Family Pythonidae (python) over eight feet in length; b. Class Aves: Order Falconiforms (such as hawks, eagles, falcons, and vultures); Item 8 Ordinance No. 14 - Page 6 c. Class Mammalia: Order Carnivores, 1. Family Felidea (such as lions, tigers, bobcats, jaguars, leopards, and cougars), and any hybrid of an animal listed in this section except commonly domesticated cats; 2. Family Canidae (such as wolves, dingos, coyotes, foxes, and jackals), and any hybrid of an animal listed in his section except commonly domesticated dogs; 3. Family Mustelida (such as weasels, skunks, martins, minks, badgers, and otters) except ferrets; 4. Family Procyonidae (such as raccoons and coati); 5. Family Ursidae (such as bears); 6. Marsupialia (such as kangaroos, opossums, koala bears, wallabies, bandicoots, and wombats); 7. Chiroperta (bats); 8. Edentata (such as sloths, anteaters, and armadillo); 9. Probosidea (elephants); 10. Primata (such as monkeys, chimpanzees, orangutans, and gorillas); 11. Rodentia (such as beavers and porcupines); and 12. Ungulata (such as antelope, deer, and camels). d. Class Amphibi: Poisonous frogs; does not include non-poisonous reptiles or non- poisonous snakes. (2) The term "prohibited animal" does not include livestock, fowl, or normal household pets, such as but not limited to dogs, cats, cockatiels, ferrets, hamsters, guinea pigs, gerbils, rabbits, fish or small, non-poisonous reptiles, or non-poisonous snakes not otherwise listed above. Properly fitted with respect to a collar or other neck restraint means a collar or other neck restraint that measures the circumference of a dog's neck plus at least one inch. With respect to a harness, properly fitted means a harness that is of an adequate size, design, and construction as appropriate for the dog's size and weight. Protective custody means the holding of an animal by the Town: (1) Due to the arrest, eviction, hospitalization, or death of the animal's owner; (2) Pursuant to a court order; or (3) At the request of a law enforcement agency. Item 8 Ordinance No. 14 - Page 7 Public nuisance means the following: (1) An owner's failure to control or restrain, or otherwise allowing, either by conduct, omission, or condition of premises, any animal to: a. Engage in conduct that establishes such animal as a dangerous animal; b. Be at large or running at large as defined herein; c. Cause a disturbance by excessive, continuous, or untimely barking, howling, crowing, or otherwise audible noise. Such noise, in excess of 15 minutes, even if in sporadic bursts, shall be prima facie evidence that the same constitutes a nuisance; d. Accumulate, attract, or generate maggots, flies, odors or unclean conditions sufficient to annoy adjacent property owners or residents; e. Chase vehicles or molest, attack or interfere with other animals or persons on public property; f. Damage, soil, defile, or defecate on private property other than the owner's property or on public walks or recreation areas unless such waste is immediately removed and properly disposed of by the owner; or g. Generate or accumulate fecal matter or other waste to such a degree as to cause unsanitary, dangerous, or offensive conditions. (2) Any animal normally found in the wild that has entered onto any public or private property and by its presence is committing a threat to public health and safety or is generally interrupting the tranquility of the location. Quarantine means to take into custody and place in confinement as defined in this chapter isolated from human beings and other animals in such a way as to preclude the possibility of disease transmission. The quarantine period for a dog, cat, or a domestic ferret in rabies quarantine is ten days from the date of the bite, scratch, or other exposure, or as recommended by the regional veterinarian from the Department of State Health Services. Rabies means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite, scratch, or other exposure. Restraint means an animal is under restraint under the following conditions: (1) It is securely enclosed or confined to its owner's yard by a physical fence in a manner that will isolate the animal from the public and from other animals except for animals owned or under the control of the owner; (2) It is accompanied by its owner or trainer at a bona fide dog show, field trial, or exhibition; (3) It is secured by a person holding a leash no more than six feet in length and of sufficient strength to control the animal; (4) It is an assistance or service animal, as defined by this chapter, that is being used by a person with a disability; Item 8 Ordinance No. 14 - Page 8 (5) It is a guard dog in the performance of duty in an enclosed building or securely fenced and locked area that is marked on all sides with signs in four-inch letters stating "guard dog" and clearly visible to the public. Rhea means a fowl of the Order of Rheiforme. Sanitary means any condition of good order and cleanliness that discourages and limits disease transmission. Secure enclosure means a fence or structure of at least six feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a dangerous animal in conjunction with other measures that may be taken by the owner. Such enclosure shall be securely enclosed and locked and designed with secure sides, top, and bottom, and shall be designed to prevent the animal(s) from escaping from the enclosure. The enclosure shall be posted with signs on all sides in four-inch letters warning of the presence of a dangerous animal. Securely enclosed or confined means: (1) An area that is completely surrounded by a substantial fence or enclosure of sufficient strength, height, construction, materials, and design as to prevent any animal from escaping from the area and in a manner that will isolate the animal from the public and other animals except for animals owned or under the control of the owner. (2) The term "securely enclosed or confined" does not mean enclosure or confinement by an invisible or electronic fence. (3) Such fence or enclosure shall comply with the appropriate zoning regulations applicable to the property. Serious bodily injury means an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonable prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment. Service animal means an animal that is individually trained to do work or perform tasks for the benefit of an individual with a disability or, by the virtue of a natural aptitude or acquired ability, is able to provide therapeutic treatment, mitigation, safety, or rescue. Sterilization means the surgical removal or AVMA approved and Veterinarian-verified chemical castration of the reproductive organs of a dog or cat to render the animal unable to reproduce. Stray means an animal that is roaming with no physical restraint beyond the premises of the animal's owner or keeper. Town means the Town of Prosper, Texas. Unprovoked attack by a dog means an incident in which a dog that attacked a person or an animal was not hit, kicked, or struck by a person with any object or part of a person's body, nor was any part of the dog's body pulled, pinched, or squeezed by a person, nor was the dog taunted or teased by any person, nor was the person in the dog's territory on the property of the dog's owner at the time of the attack. Item 8 Ordinance No. 14 - Page 9 Vaccination certificate means the certificate issued by a licensed veterinarian on a form approved by the department of state health services. Veterinary hospital or clinic means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of disease and injuries to animals. Zoological park means any permanent collection of living animals for public display, other than a pet shop or kennel, displaying or exhibiting one or more species of animals. Sec. 2.01.002. - Purpose and scope. (a) It is the purpose of this chapter to: (1) Provide regulations by which the transmission of rabies to human beings and domestic animals can be prevented and controlled in the Town; (2) Decrease the number of unwanted and stray dogs and cats in the Town; (3) Encourage responsible animal ownership; (4) Protect the public health, safety, and welfare of the Town. (b) The provisions of this chapter shall not be construed to authorize the keeping of any animal in violation of any other Town ordinance, state or federal statute or law. Sec. 2.01.003. - Exemption of Town officials from liability. All of the regulations provided in this chapter and the functions and duties of all officers, agents, servants, or employees of the Town in the enforcement of this chapter are declared to be governmental and for the benefit, health, and welfare of the general public. Any Town official or employee charged with the enforcement of this chapter, acting for the Town in the discharge of his or her duties, shall not thereby render himself or herself personally liable by the performance of any act required or permitted in the discharge of his or her duties. Sec. 2.01.004. - Incorporation by reference. Any reference made in this chapter to any other law, statute, code, ordinance, rule, or regulation is intended to incorporate such law, statute, code, ordinance, rule, or regulation as it presently exists and also any future amendments, changes, revisions, repeals, or re-codifications of such law, statute, code, ordinance, rule, or regulation, unless otherwise expressly provided. Sec. 2.01.005. - Interference with Animal Control Officer. It shall be unlawful for any person to interfere with an Animal Control Officer while engaged in the performance of his or her duties. A person interferes with an Animal Control Officer if he or she: (1) Releases or causes an animal to be released after an Animal Control Officer has impounded the animal; or (2) Physically constrains the movement of an Animal Control Officer or his or her vehicle or equipment by: a. Placing any part of the person or person's property in the way of the Animal Control Item 8 Ordinance No. 14 - Page 10 Officer’s progress in the performance of the officer's duties. b. Taking or moving the Animal Control Officer’s equipment, causing a time delay in the Animal Control Officer’s ability to use the equipment; or (3) Intentionally or knowingly fails or refuses to provide an Animal Control Officer with the person's full name, date of birth, and mailing address when the Animal Control Officer has identified himself or herself as an Animal Control Officer, is investigating a violation or possible violation of a provision of this chapter, and requests this information from the person. For purposes of this subsection, a person fails or refuses to provide the information required if the person provides inaccurate, incorrect, or incomplete information. Sec. 2.01.06. - Sanitary standards. (a) The owner of any animal allowed by this chapter to be kept in the Town shall comply with the following standards of sanitation for that animal: (1) Remove manure and droppings from pens, stables, yards, cages and other enclosures, and handle or dispose of the excretions in such manner as to keep the premises free of any public nuisance. (2) Discarding waste on any public or private property shall be considered a violation of this section. (b) Such standards of sanitation shall be administered by Animal Control. Sec. 2.01.07. - Inspection of animals and premises. Animal Control shall have the authority to inspect animals and/or premises. For purposes of discharging the duties imposed by the provisions of this chapter or other applicable laws, an Animal Control Officer may enter upon private property to the full extent permitted by law. Sec. 2.01.008. – Non-complying premises; remedies. Where premises do not comply with the provisions of this chapter or if any health ordinance or law is not observed by any person owning or possessing an animal in the Town, Animal Control may, upon written notice to the person owning or controlling the premises, order the correction of the objectionable conditions. In addition to any criminal proceeding, failure to comply with such order shall entitle the Town to obtain relief by injunction or other legal procedure available to the Town. Sec. 2.01.009. - Public nuisances declared unlawful. The keeping of any animal or bird in a manner that permits, allows, constitutes, or causes a public nuisance under this chapter shall be unlawful. Sec. 2.01.010. - Parental responsibility. (a) If an animal is owned or purported to be owned by an individual who is younger than 17 years of age, responsibility and liability for compliance with this chapter with respect to such an animal may be imposed on the parent, legal guardian, or other person who has the duty of control and reasonable discipline of the minor individual, as appropriate, regardless of whether the parent, legal guardian, or other person otherwise meets the definition of "owner" with respect to the animal Item 8 Ordinance No. 14 - Page 11 at issue. (b) It shall be an affirmative defense to imposition of responsibility and liability under subsection (a), above, that the parent, legal guardian, or other person establishes by a preponderance of the evidence that he or she made a reasonable good faith effort to ensure compliance with this chapter. ARTICLE 2.02 RESTRAINT OF ANIMALS Sec. 2.02.001. - Restraint of animals. (a) It shall be unlawful for an owner or person in control of an animal to fail to keep the animal under restraint as defined in this chapter. (b) It shall be unlawful for an owner to fail or refuse to control, restrain, or otherwise allow, either by conduct, omission, or condition of premises, his or her animal to become a public nuisance by being at large or running at large. (c) It shall be unlawful for a person to use a chain, rope, tether, leash, cable, or other device to attach a dog to a stationary object or trolley system. (d) It is an affirmative defense to a violation of subsection (c), above, that the dog tethering: (1) Is during a lawful animal event, veterinary treatment, grooming, training, or law enforcement activity; (2) Is required to protect the safety or welfare of a person or the dog, and the dog's owner maintains direct physical control of the dog; or (3) Occurs on the owner's premises: a. While the dog is within the owner's direct physical control; and b. Preventing the dog from advancing to within 15 feet of the edge of any public street. (e) The affirmative defenses provided in subsection (d), above, are only available if the following elements are met: (1) The chain, rope, tether, leash, cable, or other device is attached to a properly fitted collar or harness worn by the dog; (2) The chain, rope, tether, leash, cable, or other device is not placed directly around the dog's neck; (3) The chain, rope, tether, leash, cable, or other device does not exceed 1/20 of the dog's body weight; (4) The chain, rope, tether, leash, cable, or other device, by design and placement allows the dog a reasonable and unobstructed range of motion without entanglement; and (5) The dog has access to adequate shelter and clean and wholesome water. Item 8 Ordinance No. 14 - Page 12 (f) A person commits an offense if the person fails to comply with this section. If a person fails to comply with this section with respect to more than one animal, the person's conduct with respect to each animal constitutes a separate offense. (g) This section does not prohibit a person from walking a dog with a hand-held leash. Sec. 2.02.003. – Secure Animals on a leash. It shall be unlawful for an owner or person in control of an animal to fail to keep the animal under restraint as defined in this chapter. (1) The animal is secured by a standard leash no longer that 10 feet or retractable leash no longer than 16 feet and of sufficient strength to control the animal while the animal is being walked; (2) A specially trained dog that is used by a blind or deaf individual to aid him/her within the Town; (3) A guard dog in the performance of duty in an enclosed building or securely fenced and locked area which is marked on all sides with signs in four-inch letters stating “guard dog” and clearly visible to the public. ARTICLE 2.03 DANGEROUS ANIMALS Sec.2.03.001. - Nuisance declared. (a) It is hereby declared to be a public nuisance that an owner or other person harbors, keeps, or maintains in the Town an animal that has been declared dangerous by Animal Control or the municipal court unless the owner complies with the requirements of this article. (b) It is hereby declared to be a public nuisance that an owner or other person who harbors, keeps, or maintains in the Town or brings to the Town an animal that has been declared dangerous outside of the Town under one or more of the following: (1) Chapter 822 of the Texas Health and Safety Code, as amended; (2) A local law or ordinance adopted in accordance with chapter 822 of the Texas Health and Safety Code, as amended; or (3) A statue or ordinance that is substantially similar to chapter 822 of the Texas Health and Safety Code, as amended, and that was adopted by a political subdivision outside of the State of Texas. Sec. 2.03.002. - Finding of an animal, as "dangerous." (a) Complaints to Animal Control regarding dangerous animals. (1) On receipt of a written, sworn, notarized affidavit by any person charging that a particular animal is dangerous, Animal Control shall investigate the incident to determine whether such Item 8 Ordinance No. 14 - Page 13 animal is, in fact, dangerous. Any written, sworn, notarized affidavit shall contain at least the following information: a. The name, address, and telephone number of the complainant and any witnesses; b. The date, time, and location of the incident; c. A description of the animal including, to the extent known, the breed, color, sex, and size; d. The name, address, and telephone number of the animal's owner, if known, and the premises where the animal is kept; e. A statement, in as much detail as possible, of what the animal did that makes it a dangerous animal as that term is defined in section 2.01.001; f. Any other facts that the complainant believes to be relevant; and g. If the animal is alleged to have caused the death of or serious bodily injury to a person, the sworn complaint must be filed in the municipal court under section 2.003.002 (b). (2) Delivery or seizure of an animal alleged to be dangerous. a. The owner of the animal shall deliver the animal to Animal Control for impoundment within five days of being served with notice that a sworn complaint has been filed and that the owner is required to deliver the animal to Animal Control. 1. The owner of the animal shall be served with notice in one or more of the following ways: i. Hand-delivery to the owner in person by a Town employee; ii. Delivery to the owner by courier-receipted delivery; iii. Delivery to the owner's agent or attorney of record, as the case may be, either in person or by courier-receipted delivery; iv. Hand-delivery to any adult person at the owner's last known address who agrees to accept the notice and deliver it to the owner; v. By certified or registered mail, return receipt requested, postage prepaid, to the owner's last known address; vi. By posting the notice prominently on the door of the property at the owner's last known address; or vii. By first-class mail through the United States Postal Service, provided that service is also attempted by one or more of the other methods in this subsection. 2. A certificate or affidavit of any person showing service of a notice under the provisions of this section shall be prima facie evidence of the fact of service. Nothing herein shall preclude the owner from offering proof that the notice was not Item 8 Ordinance No. 14 - Page 14 received. 3. It shall be an offense for an owner to refuse or fail to deliver an animal to Animal Control after being served with notice that a sworn complaint has been filed under this section. Each day an owner fails or refuses to deliver the animal shall constitute a separate offense. 4. If the owner fails to deliver the animal to Animal Control, the municipal court may issue a warrant authorizing seizure of the animal. b. If the animal has been impounded by Animal Control, the animal shall remain in the custody of Animal Control until Animal Control has completed his or her investigation and determination. (3) Investigation of sworn complaint by Animal Control. a. Animal Control shall complete an investigation and determine whether the animal is to be declared dangerous within ten days of the date of the sworn complaint or within ten days of the date the animal is delivered to or seized by Animal Control, whichever is later. Notwithstanding the foregoing, Animal Control may make a determination if the owner does not deliver the animal. b. During the investigation any interested person shall be given the opportunity to present evidence in person, in writing, or by other means on the issue of whether the animal is to be declared dangerous. c. If Animal Control finds that the animal is not dangerous, the animal shall be returned to the owner, provided that the animal has been properly vaccinated against rabies in conformance with this chapter and that all impoundment and medical fees have been paid. d. If Animal Control declares the animal to be dangerous, the animal's owner shall: 1. Comply with the requirements for keeping a dangerous animal as provided in section 2.03.003. The animal shall remain impounded at the owner's expense until such compliance has been attained; or 2. Provide for the humane destruction of the dangerous animal by a person listed in Texas Health and Safety Code § 822.004, as amended. (4) Appeal from dangerous animal determination made by Animal Control. a. An owner of an animal that is declared to be dangerous by Animal Control may appeal that determination to the municipal court by filing written notice with the court clerk within ten days of the date the determination is made. b. The court shall set a cash bond to secure payment of the fees for impoundment and any other reasonable costs incurred in caring for the animal during impoundment. The owner shall post the cash bond within ten days of filing the written notice of appeal. Notwithstanding the foregoing requirement, the court may waive payment of the bond for good cause shown. Item 8 Ordinance No. 14 - Page 15 c. The findings of Animal Control shall be suspended during the pendency of the appeal. d. The municipal court shall hold a hearing within ten days of receiving written notice of the owner's appeal provided the owner has posted the cash bond set by the court, unless the court has waived the bond. If the owner has not posted the cash bond within ten days, and the court has not waived the requirement of the bond, the appeal shall be dismissed, and Animal Control’s determination shall be final. Notwithstanding the foregoing, if the court has not held the hearing within ten days, the court shall hold the hearing as soon as practicable. e. Any interested person, including the Town Attorney, may provide evidence at the hearing. f. The animal shall continue to be impounded at the owner's expense during the pendency of the appeal and, if the court finds the animal to be dangerous, until the requirements for the keeping of a dangerous animal are satisfied or provision has been made by the owner for the humane destruction of the animal. g. An owner may appeal the decision of the municipal court to a court of competent jurisdiction in the same manner as state law provides for other appeals of similar cases from the municipal court. (b) Complaints filed in municipal court regarding dangerous animals or animals that caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person. (1) A person may file a written, sworn, notarized affidavit in the municipal court charging that a particular animal is dangerous or that the animal caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person. The written, sworn, notarized affidavit shall contain at least the following information: a. The name, address, and telephone number of the complainant and any witnesses; b. The date, time, and location of the incident; c. A description of the animal including, to the extent known, the breed, color, sex, and size; d. The name, address, and telephone number of the animal's owner, if known, and the premises where the animal is kept; e. A statement, in as much detail as possible, of what the animal did that makes it a dangerous animal as that term is defined in section 2.01.001, or what the animal did to cause the death of or serious bodily injury to a person; and f. Any other facts that the complainant believes to be relevant. (2) Delivery or seizure of an animal alleged to be dangerous or to have caused the death of or serious bodily injury to a person. a. The owner of the animal shall deliver the animal to Animal Control for impoundment within five days of being served with notice that a sworn complaint has been filed and that the owner is required to deliver the animal to Animal Control. Item 8 Ordinance No. 14 - Page 16 1. The owner of the animal shall be served with notice in one or more of the following ways: i. Hand-delivery to the owner in person by a Town employee; ii. Delivery to the owner by courier-receipted delivery; iii. Delivery to the owner's agent or attorney of record, as the case may be, either in person or by courier- receipted delivery; iv. Hand-delivery to any adult person at the owner's last known address who agrees to accept the notice and deliver it to the owner; v. By certified or registered mail, return receipt requested, postage prepaid, to the owner's last known address; vi. By posting the notice prominently on the door of the property at the owner's last known address; or vii. By first-class mail through the United States Postal Service, provided that service is also attempted by one or more of the other methods in this subsection. 2. A certificate or affidavit of any person showing service of a notice under the provisions of this section shall be prima facie evidence of the fact of service. Nothing herein shall preclude the owner from offering proof that the notice was not received. 3. It shall be an offense for an owner to refuse or fail to deliver an animal to Animal Control after being served with notice that a sworn complaint has been filed under this section. Each day an owner fails or refuses to deliver the animal shall constitute a separate offense. 4. If the owner fails to deliver the animal to Animal Control, the municipal court may issue a warrant authorizing seizure of the animal. b. If the animal has been impounded by Animal Control, the animal shall remain in the custody of Animal Control until Animal Control has completed his or her investigation and determination. c. Notwithstanding the foregoing, on a showing of probable cause to believe the animal caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person, the court shall issue a warrant authorizing seizure of the animal without prior notice to the owner of the filing of the sworn complaint. (3) Hearing in the municipal court. a. The municipal court shall hold a hearing and make a determination within ten days of the date the warrant is issued or within ten days of the date the animal is delivered or seized, whichever is earlier. Notwithstanding the foregoing, if the court has not held the hearing within ten days, the court shall hold the hearing as soon as practicable. Item 8 Ordinance No. 14 - Page 17 b. The court shall serve notice of the date and time of the hearing on the owner and the complainant in the manner specified in section 2.03.002(a)(2)(a)(1). c. Any interested person, including the Town Attorney, may provide evidence at the hearing. d. If the court finds that the animal is not dangerous or that the animal did not cause the death of or serious bodily injury to a person, the animal shall be returned to the owner, provided that the animal has been properly vaccinated against rabies in conformance with this chapter and that all impoundment and medical fees have been paid. e. If the court declares the animal to be dangerous, the animal's owner shall: 1. Comply with the requirements for keeping a dangerous animal as provided in section 2.03.003. The animal shall remain impounded at the owner's expense until such requirements have been satisfied; or 2. Provide for the humane destruction of the dangerous animal by a person listed in Texas Health and Safety Code § 822.004, as amended. f. If the court finds that the animal caused the death of or serious bodily injury to a person, the court: 1. Shall order the animal destroyed at the owner's expense if the court finds the animal caused the death of a person; 2. May order the animal destroyed at the owner's expense if the court finds the animal caused serious bodily injury to a person; or 3. May declare the animal to be a dangerous animal and order the animal released to the owner if the owner complies with section 2.03.003, and pays all impound fees and any reasonable cost incurred in caring for the animal during impoundment. The animal shall remain impounded at the owner's expense until such requirements have been satisfied. g. An owner may appeal the decision of the municipal court to a court of competent jurisdiction in the same manner as state law provides for other appeals of similar cases from the municipal court. Sec. 2.03.003. - Requirements for owner of dangerous animal. (a) Not later than the thirtieth day after a person learns that the person is the owner of a dangerous animal, the person shall: (1) Register the dangerous animal with Animal Control, pursuant to section 2.03.005. (2) Restrain the dangerous animal at all times on a leash in the immediate physical control of a person or in a secure enclosure as that term is defined in section 2.01.001, and post signs on all four sides of the enclosure in one inch letters warning of the presence of the dangerous animal; Item 8 Ordinance No. 14 - Page 18 (3) Further secure the dangerous animal with a muzzle in a manner that will not cause injury to the animal nor interfere with its vision or respiration, but shall prevent it from biting any person or animal when the dangerous animal is taken off the property of the owner for any reason; (4) Obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous animal causing bodily injury to a person or animal and provide proof of the required liability insurance coverage or financial responsibility to Animal Control; (5) Provide the dangerous animal with a fluorescent yellow collar visible at 50 feet in normal day light to be worn at all times. (6) Spay or neuter the dangerous animal; (7) Have the dangerous animal microchipped for its lifetime with a national registry, and present proof of same to Animal Control. The owner of the dangerous animal shall microchip the animal by implanting a microchip identification device on the animal within seven calendar days after being notified by Animal Control or by the municipal court that such animal is dangerous. The cost of the service shall be at the owner's expense; and (8) Comply with any other restriction or requirement of Animal Control or of the municipal court. (b) Notwithstanding the foregoing, if Animal Control or the municipal court finds that the animal made an unprovoked attack on another animal that caused bodily injury to the other animal and occurred in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own, then Animal Control or the municipal court may impose one or more of the requirements above. Sec. 2.03.004. - Failure to comply with requirements. (a) The owner of a dangerous animal who does not comply with section 2.03.003 or an order issued pursuant to section 2.03.003 shall deliver the animal to Animal Control no later than the thirtieth day after the owner learns the animal is a dangerous animal. (b) After the thirtieth day after a person learns that the person is the owner of a dangerous animal, the Animal Control Officer or the owner of the dangerous animal may apply to the municipal court for a hearing to determine whether the owner has complied with section 2.03.003 or an order issued pursuant to section 2.03.003, or whether the owner has paid all impound fees and other reasonable costs of caring for the animal during impoundment. (1) If the animal is impounded, the hearing shall be held within ten days of the date when the application for the hearing is made. (2) If the animal is not impounded, the court shall issue a warrant for the seizure of the animal and shall hold the hearing within ten days of the date the animal is delivered to or seized by Animal Control. (3) The court shall serve notice of the date and time of the hearing on the owner in the manner specified in section 2.03.002. (4) The court shall order the animal humanely destroyed if the court finds the owner has not Item 8 Ordinance No. 14 - Page 19 complied with section 2.03.003or an order issued under section 2.03.003, or that the owner has not paid all impound fees and other reasonable costs of caring for the animal during impoundment: a. Before the eleventh day from the date the animal was delivered to or seized by Animal Control, if the animal was not impounded at the time the application for the hearing was made, or b. Before the eleventh day from the date the application for the hearing was made, if the animal was impounded at the time the application was made. (5) The court shall order the animal released to the owner if the court determines the owner has complied with section 2.03.003 or an order issued under section 2.03.002, and that the owner has paid all impound fees and other reasonable costs of caring for the animal during impoundment. (6) The court may order the humane destruction of the animal if the owner of the animal has not been located before the fifteenth day after the seizure and impoundment of the animal. (c) For purposes of this section, a person learns that the person is the owner of a dangerous animal when: (1) The owner knows of an attack described in section 2.03.001, definition of dangerous animal (2) The owner is served with notice by Animal Control that the animal is a dangerous animal under section 2.03.002(a); (3) The owner is served notice that the municipal court has found that the animal is a dangerous animal under section 2.03.002(b); or (4) Notice may be served in the manner specified by section 2.03.002. Sec. 2.03.005. - Registration of a dangerous animal. (a) All dangerous animals shall be required to wear a florescent yellow collar: (1) Liability insurance or financial responsibility as required in section 2.03.003(4). (2) Current rabies vaccination of the dangerous animal if such vaccination is available for the species; (3) The secure enclosure in which the animal will be kept; and (4) Payment of an annual registration fee of $500.00 to Animal Control. (b) The owner of a dangerous animal shall notify Animal Control within 24 hours if the dangerous animal is at large, unconfined, has attacked a human being or another animal, has died, or has been sold or given away. If the animal has been sold or given away, the former owner shall provide the Animal Control with the name, address, and telephone number of the new owner. If the new owner's address is in the Town or if the animal is kept in the Town, Animal Control shall notify the new owner by certified mail, return receipt requested, or in person, that the animal has been determined to be a dangerous animal and provide the new owner a copy of the requirements Item 8 Ordinance No. 14 - Page 20 contained in this article. The new owner must be given notice to comply with the requirements for owners of dangerous animals, if the animal is physically located for any time within the Town. It shall be unlawful for a new owner to fail to comply with any requirement of sections 2.03.003 and 2.03.003. The same reporting requirements are imposed on any and all subsequent owners of the dangerous animal. (c) If the owner removes the dangerous animal from the Town limits: (1) The owner shall provide Animal Control with the physical address and telephone number where the animal will be kept, and the name of any person who will be caring for the animal if the owner will not be caring for the animal; (2) Animal Control shall notify the Animal Control Authority in the area where the animal will be kept of the classification of the animal as dangerous. Sec. 2.03.006. - Attack by dangerous animal. (a) A person commits an offense if the person is the owner of a dangerous animal and the animal makes an unprovoked attack on a person or another animal outside the animal's enclosure and causes bodily injury to the person or other animal. (b) An offense under this section is a class C misdemeanor, unless the attack causes the death of or serious bodily injury to a person, in which event the offense is a class A misdemeanor. (c) If a person is found guilty of an offense under this section, the court may order the dangerous animal destroyed by Animal Control or a licensed veterinarian. (d) In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed $10,000.00. The Town Attorney may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the Town. Sec. 2.03.007 - Violations. (a) A person who owns or keeps custody or control of a dangerous animal commits an offense if the person fails to comply with any section of this division or an order issued pursuant to section 2.03.002. Sec. 2.03.008. - Defenses. It is a defense to prosecution under this division that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter or a person employed by the state or a political subdivision of the state to deal with stray animals, and that the person has temporary ownership, custody or control of the animal; provided, however, that for any person to claim a defense under this section, that person must be acting within the course and scope of his or her official duties with regard to the dangerous animal. Item 8 Ordinance No. 14 - Page 21 ARTICLE 2.04 DOG, CAT, AND FERRET REGISTRATION Sec. 2.04.001. - Rabies vaccination tag serves as Town registration. (a) A current rabies vaccination tag is required and shall serve as a dog’s, cat’s, and ferret’s Town registration. All dogs, cats, and ferrets shall be registered with the Town. (b) The rabies certificate must be supplied, upon request, to an Animal Control Officer, a peace officer, or the local rabies control authority. (c) A current rabies vaccination tag must be affixed to a collar or harness that must be worn by the dog, cat, or ferret at all times. (d) Vaccination certificates and tags shall be valid only for the animal for which the certificate or tag was originally issued. (e) A person commits an offense if the person violates a provision of this section or permits an animal owned by the person or under the person's control to be in violation of a provision of this section. ARTICLE 2.05 RABIES CONTROL Sec. 2.05.001. - Rabies vaccination. (a) Vaccinations required. (1) A person who owns, keeps, harbors or has custody of a dog, cat, or ferret over four months of age must have said animal immunized against rabies by injection of anti-rabies vaccine by a veterinarian validly licensed in Texas or in another jurisdiction. (2) The same animal must receive a booster within the 12-month interval following the animal's initial vaccination, or such interval as provided by state law; and the same animal must be revaccinated against rabies at a minimum of at least once every three years with a rabies vaccine licensed by the department of agriculture, or at such interval as provided by state law. (3) A person commits an offense if the person owns, keeps, harbors, or has custody of a dog, cat, or ferret that has not been immunized against rabies as required by this section. (b) Every owner of a dog, cat, or ferret immunized against rabies shall procure a rabies vaccination certificate from the veterinarian administering the vaccine. (c) The provisions restricting the use and sale of rabies vaccine for animals as set forth in the state statute enacting the "Rabies Control Act of 1981" are hereby adopted by reference, as contained in Chapter 826 of the Texas Health and Safety Code, as amended, a copy of which is on file in the office of the Town Secretary, and as amended from time to time. (d) It shall be unlawful for a person to administer, sell, or distribute rabies vaccine for animals in a manner not authorized by section subsection (c), above. Item 8 Ordinance No. 14 - Page 22 Sec. 2.05.002. - Domestic animals that exhibit rabies symptoms or reasonably indicate rabies symptoms. (a) A dog, cat, or ferret that has rabies or symptoms that could reasonably indicate rabies, or that bites, scratches, or otherwise creates a condition that may expose or transmit rabies to any human being or animal, shall be immediately impounded as provided in section 2.06 of this chapter and shall be held in quarantine in the Town a minimum period of ten days from the date of the bite, scratch, or when the condition that may have exposed or transmitted the rabies virus to a human being occurred, or longer as the local rabies control authority may deem necessary. Such quarantine will be subject to the following conditions: (1) An unvaccinated dog, cat, or ferret shall not be vaccinated against rabies during the ten-day observation period. (2) The animal must be observed twice daily for rabies symptoms during the observation period. (3) If an Animal Control Officer is able to notify the owner of the subject animal, within 24 hours of notification and with the approval of the local rabies control authority, the owner may exercise the option to quarantine the subject animal in: a. A Department of State Health Services approved facility including a licensed veterinarian's clinic in the Town that has the facilities for isolation cages; b. The animal care and control center; c. Other approved sites within the Town designated and approved by the local rabies control authority; or d. In a home quarantine as provided in subsection (b), below. (b) Home quarantine. (1) The owner or custodian of the dog, cat, or ferret may request permission from the local rabies control authority to place the animal in home quarantine if the following criteria can be met: a. Secure facilities must be available at the home of the animal's owner or custodian, and must be approved by the local rabies control authority; b. The animal is currently vaccinated against rabies; c. There are no other animals residing at the residence; d. The animal bit a person who lives at the same residence as the animal; and e. The animal has not been quarantined for a previous bite incident. (2) Animals not eligible for home quarantine must be quarantined within the Town as otherwise provided in this section. Item 8 Ordinance No. 14 - Page 23 ARTICLE 2.06 ANIMAL CONTROL IMPOUNDMENT Sec. 2.06.001. - Impoundment; notice; disposition. (a) Animals may be impounded by Animal Control, or his or her designee, under any of the following circumstances when: (1) An animal is at large or running at large; (2) An animal is reasonably suspected of having inflicted bodily injury on any person or animal, or poses a threat to public safety or constitutes a public nuisance; (3) A dog, cat, or ferret does not have a valid, current rabies vaccination tag; (4) The animal is prohibited under this chapter; (5) An animal is not cared for in violation of sections 2.07.001; (6) An animal that has rabies or symptoms that could reasonably indicate rabies, or that bites, scratches, or otherwise creates a condition that may expose or transmit rabies to any human being or animal; (7) An animal is not kept in conformity with this chapter or state law; or (8) An animal is held in protective custody, as that term is defined in section 2.01.00.1. (b) If, by vaccination tag or other means, the owner of an impounded animal can be identified, Animal Control shall, as soon as practicable after impoundment, notify the owner, if reasonably possible, that if the impounded animal is not redeemed within five days after impoundment, disposition of the impounded animal shall occur in accordance with this chapter, and that the owner has a right to a hearing on the validity of the impoundment and applicable fees, and the disposition of the impounded animal in accordance with this chapter. (c) On request of the owner of an impounded animal prior to the disposition of the animal as provided in this chapter, Animal Control shall conduct a hearing on the validity of the impoundment and the applicable fees, and the disposition of the impounded animal. (1) The hearing must be held as soon as practicable; (2) Any interested person may provide evidence in person, in writing, or by other means; (3) Animal Control shall make a decision at the conclusion of the hearing and promptly inform the owner of his or her decision; and (4) The owner may appeal Animal Control’s decision within five days to the municipal court. Sec. 2.06.002. - Impoundment time; fees; redemption of animal. (a) Impounded animals, including those released from quarantine, shall be kept for five days from the date of impoundment. In calculating the length of this time, the first day after impoundment shall be day one. If the owner of such impounded animal does not redeem the impounded animal within five days after impoundment, disposition will be in accordance with this chapter. The animal may Item 8 Ordinance No. 14 - Page 24 be disposed of prior to the expiration of such time if in the professional opinion of Animal Control disposition is necessary to avoid the unnecessary suffering of a sick or injured animal. (b) Impounded and quarantined animals, except for prohibited animals, shall be available for immediate redemption upon meeting the requirements as set forth by the animal care and control center. (c) When an owner cannot provide proof to Animal Control at the time of release from impoundment that the impounded animal is currently vaccinated against rabies, then the owner must meet the requirements of the animal care and control center, prepay for a vaccination, obtain the vaccination within 48 hours of release, and provide proof of same to Animal Control. Failure to comply with the provisions of this section is a violation of this chapter. (d) A schedule of the current applicable fees for reclaiming impounded or quarantined animals is available for review at the animal care and control center. (e) It is not a defense to prosecution of any citations that applicable impoundment, bite, boarding, vaccination, microchip or registration fees have been paid. (f) If an animal is not redeemed within five days from the date of impoundment as provided in this section, the animal shall become the property of the animal care and control center and shall be disposed of by offering it for adoption to the public, offering it to a local humane group for adoption or by humanely destroying the animal. ARTICLE 2.07 CARE AND HUMANE TREATMENT OF ANIMALS Sec. 2.07.001. - Unlawful acts enumerated. (a) It shall be unlawful for a person to treat an animal in an inhumane or cruel manner as defined by Texas Penal Code § 42.09, as amended, Texas Penal Code § 42.091, as amended, Texas Penal Code § 42.092, as amended, or Texas Health and Safety Code ch. 821, as amended. (b) It shall be unlawful for a person to knowingly own, harbor, train, sell, or offer for sale any animal that is to be used for the purpose of fighting; or to be trained, tormented, badgered or baited for the purpose of causing or encouraging said animal to attack human beings or animals when not provoked, except that this section shall not apply to guard dogs. (c) It shall be unlawful for a person to mutilate any animal, whether such animal is dead or alive. This subsection does not apply to medical or veterinary medical research, medical or veterinary medical autopsies, or biology class use of animals for educational purposes. (d) It shall be unlawful for a person to cause an animal to fight another animal or person. (e) It shall be unlawful for a person operating a motor vehicle that strikes a domestic animal or livestock within the Town to fail to report the accident to Animal Control as soon as practicable. (f) It shall be unlawful for a person to tether a dog in a manner that prevents the animal from access to adequate shelter, food, and water, or in such a manner that the animal could become entangled or injured. Item 8 Ordinance No. 14 - Page 25 (g) It shall be unlawful for a person to confine an animal in such a manner that prevents the animal from being able to stand to its full height, to stretch out, to turn around and lie down, or to make normal postural adjustments comfortably for an unreasonable amount of time. (h) It shall be unlawful for a person to confine an animal in such a way that the animal is forced to stand or lay in its own feces, urine, standing water, or other unsanitary conditions. (i) It shall be unlawful for a person to crop a dog's ears, dock a tail, remove dew claws, or perform other surgical procedures on a dog or a cat except as provided by the veterinary licensing act. (j) It shall be unlawful for a person to sell, barter, give away as toys, or deliver live chickens, ducklings, goslings, or rabbits less than eight weeks of age to any person. Sale of such animals for agricultural purposes is exempt from this provision. (k) It shall be unlawful for a person to sell, offer for sale, barter or display any living chickens, rabbits, ducks or any other fowl or animal that has been dyed, colored or otherwise treated so as to impart to them an artificial color. (l) It shall be unlawful for a person to give away any live animal as a prize or inducement for the purpose of attracting trade or business. (m) It shall be unlawful for a person to use steel jaw or leg-hold traps except in the case of mouse or rat control. (n) It shall be unlawful for any person to beat, starve, overwork, or to otherwise abuse any animal. (o) It shall be unlawful for an owner or other person having care and control of any animal to abandon said animal. Sec. 2.07.002. - Keeping of certain animals prohibited It shall be unlawful for a person to sell, offer for sale, barter, trade, keep, own, maintain, use or have in the person's possession or on premises under the person's control any of the following: (1) Any dangerous animal except as provided in sections 2.03.003 or 2.06.002 pursuant to a final determination that the animal is dangerous; or (2) Any prohibited animal, unless that person is a person exempted by Section 822.102, Subchapter E, Dangerous Wild Animals, of the Texas Health and Safety Code, as amended. Any prohibited animal is exempt from this section if: a. The animal(s) belongs to a bona fide zoological park, circus, educational institution, museum, licensed laboratory, publicly owned nature center, or animals kept by bona fide members of an educational or scientific association or society approved by Animal Control, or persons holding permits from an agency of the state or the United States for the care and keeping of animals for rehabilitative purposes. If a person holds a permit from the state department of parks and wildlife to operate a wild care center in the Town, the permit holder must also comply with the Town’s comprehensive zoning ordinance, as amended, and must keep any and all animals or reptiles in cages of sufficient size, construction, and strength to restrain the animal or reptile at all times; or Item 8 Ordinance No. 14 - Page 26 b. The animal is an assistance or service animal as defined in this chapter that has been registered with the Town and Animal Control has been provided with: 1. Records of vaccination appropriate for the species of animal; 2. Documentation from a veterinarian that the animal is healthy; 3. Proof of proper restraint for the animal; and 4. Proof that the animal has been or is being trained to perform tasks of an assistance or service animal. Sec. 2.07.003. - Guard dogs. (a) All guard dogs shall be registered with Animal Control prior to being used as guard dogs. (b) A guard dog that commits an unprovoked bite upon a human being or animal shall be quarantined as required in section 2.05.002. If a person committing a crime is bitten by a guard dog that is protecting life or property, the animal may be observed at a kennel, or the animal care and control center as directed by Animal Control or his or her authorized representative. (c) That portion of the "Private Investigators and Private Security Agencies Act," Texas Occupations Code, ch. 1702, as amended, which refers to guard dog companies and restrictions on the use of guard dogs, is hereby adopted by reference. Sec. 2.07.004. - Keeping of livestock. (a) Generally. (1) It shall be unlawful for any person to keep or permit the keeping of livestock on premises owned by the person or under his or her control, except in compliance with the following regulations: a. It shall be unlawful for any person to keep livestock on any premises, if the overall area is less than 1/3 acre for each livestock kept, or to keep more than can be cared for under sanitary conditions and not create a public nuisance. b. Male equines, including, but not limited to, horses, capable of breeding, will be confined in such a manner that said animal will not be dangerous to human beings, and all breeding shall be under the control of the owner or handler. c. It shall be unlawful and a violation of this ordinance for any person other than a veterinarian, to keep any live swine within the Town. (b) Adequate fences and barriers. It shall be unlawful for any person to keep on his premises any livestock without providing adequate fences or barriers that will prevent such livestock from escaping and/or damaging neighboring flowers, trees, shrubbery and/or other property located on adjacent property. It shall be a rebuttable presumption that such fences or barriers are inadequate for the designated purpose, if livestock escapes from the premises. This presumption is rebuttable and shall have the effects and consequences set forth in Texas Penal Code § 2.05, as amended. A fence or barrier may include, but is not limited to, electronic barriers, whether underground, electrified wiring, or the erection of any structure of wood or wire, wood and wire, masonry or any Item 8 Ordinance No. 14 - Page 27 other material, whether it encloses land on all sides or only on one or more sides, which is intended to prevent the passage of livestock. Such a fence or barrier is the means by which the land is enclosed so as to prevent the ingress and egress of livestock, and to make a complete enclosure that is sufficient, in usual circumstances, to turn livestock of ordinary habits and disposition. (c) Barns, stables and other animal facilities. All barns, stables, and other animal facilities constructed after the effective date of the ordinance from which this chapter is derived shall meet the requirements of the Town building codes and zoning ordinances, as applicable thereto. Sec. 2.07.005. - Impounding of livestock. (a) Authority. Any livestock found at large or running at large within the corporate limits of the Town may be impounded by Animal Control, the county sheriff's department, or their designee. (b) Disposal. (1) In the event that ownership of the impounded livestock cannot be determined, and after being held for a period of three days, the livestock may be impounded by the county sheriff's department. At such time, the livestock shall become the responsibility of the county sheriff's department. Should the owner be located within the three-day period, the owner shall pay all required fees adopted by the Town. The Town, by this provision, intends to comply with any applicable provisions of state law relative to the impoundment of strays. (2) If impounded livestock are sold at public auction by the county sheriff's department, the county holding facility will apply such amount of the proceeds as necessary to satisfy the fees and costs incurred because of animal impoundment and auction, any fees and costs incurred by the Town for impounding the livestock, restitution for any damage sustained by a property owner for said livestock having been at large, upon submission of a notarized affidavit and satisfactory proof of such damage. Upon payment of all fees, costs, and restitution, any remaining monies shall be returned to the owner of the livestock, upon submission of a sworn, notarized affidavit that the applicant was in fact the owner of the livestock immediately prior to the sale. Sec. 2.07.006. - Keeping of fowl, rabbits and guinea pigs restricted. (a) Enclosure requirements. Fowl, rabbits, and guinea pigs must be kept indoors, or if outdoors, in a secure pen or enclosed yard. Litter and droppings from these animals must be collected and disposed of in accordance with this chapter; provided, however, that the provisions of this section shall not apply to ducks or other waterfowl inhabiting natural or manmade watercourses or bodies of water. (b) Number of rabbits and guinea pigs. It shall be unlawful for any person to knowingly be in possession of more than 12 rabbits or guinea pigs, or combination thereof ; and any other rodent, on any premises in the Town. (c) Regulation of fowl. Roosters are banned within the corporate limits of the Town except for properties with an Agricultural property tax exemption, and are declared to be nuisances under Texas Local Government Code Ch. 217, as amended, when located in residential districts. Item 8 Ordinance No. 14 - Page 28 (d) Number of fowl. Except for exotic birds raised, kept, or harbored for commercial purposes, it shall be unlawful for any person, firm, or corporation to maintain, own, or control any premises within the Town limits where more than an aggregate of 12 fowl are kept or harbored in one enclosure except for properties with an Agricultural property tax exemption. "One enclosure" as that term is used herein shall be held to mean any and all connected buildings, whether under one roof or otherwise, and buildings and sheds that may have entrances to the same or adjoining lot or lots with a gateway or other opening between them. (e) Ducks, turkeys, geese, and peacocks prohibited. It shall be unlawful to own or keep ducks, turkeys, geese, or peacocks within the corporate Town limits except on properties with an Agricultural property tax exemption, lakes or other natural or manmade watercourses or bodies of water, and public park lands. Sec. 2.07.007. - Keeping of bees. It is unlawful for any person to keep, or allow to be kept, bees in such a manner as to deny the reasonable use and enjoyment of adjacent property or endanger the personal health, safety, and welfare of the inhabitants of the Town. Honeybees may be kept if the following conditions are met: (1) All hives shall be located a minimum of 150 feet from any inhabited dwelling other than that of the person keeping such bees; (2) No more than three hives shall be allowed on lots or tracts of land less than one acre in area; (3) There is an adequate source of water within 20 feet of all hives; and (4) Any hive contaminated with or known to have Africanized honeybees (killer bees) shall be destroyed by a qualified beekeeper at the owner's expense. Sec. 2.07.008. - Disposal of dead animals. (a) It shall be the owner's responsibility to remove and properly dispose of a deceased animal within 24 hours of the death of the animal. If requested by the owner, an Animal Control Officer will pick up a deceased animal if the animal has been placed in a sealed, clear plastic bag and left at curb side. (b) The Animal Control Officer shall have the authority to take custody of and dispose of all deceased animals found on any roadway, street, highway, and/or public or private property where the owner cannot otherwise be identified. (c) It shall be the specific responsibility of the owner of any livestock to have the livestock removed and properly disposed of within 24 hours of the death of said livestock, consistent with state law. Sec. 2.07.009. - Proper care of animals. Every owner or other person having care and control of any animal shall provide the following for each animal under his or her care and control: (1) Sufficient nutritious and wholesome food, served to the animal in clean containers, to maintain the animal in good health; Item 8 Ordinance No. 14 - Page 29 (2) Clean and wholesome water, served to the animal in a clean container, such water to be available to the animal at all times; (3) Adequate shelter, which shall allow the animal to remain dry and protected from the elements at all times and which shall provide either natural or artificial shade for the animal to avoid direct sunlight. If the shelter is provided by enclosure, the enclosure shall allow for adequate ventilation; and (4) Veterinary care as needed to prevent suffering. ARTICLE 2.08 ANIMAL ESTABLISHMENTS Sec. 2.08.001. - Compliance. (a) It shall be unlawful for an animal establishment to sell, trade or give away any dog or cat, over three months of age, unless the dog or cat has been vaccinated as required by this chapter. (b) Animal Control shall be permitted to inspect any animal establishment and all animals and the premises where such animals are kept at any reasonable time during normal business hours to ensure compliance with all provisions of this chapter. Sec. 2.08.002. - Minimum standards for animal establishments. In addition to the other requirements of this article, animal establishments shall comply with the following minimum standards: (1) Remove manure and droppings from pens, yards, cages, and other enclosures daily and handle or dispose of the excretions in such manner as to keep the premises free of any public nuisance. (2) Place food in sanitary containers on sanitary surfaces. (3) Remove all refuse on the premises and dispose of same by a means approved by Animal Control. (4) Such standards of sanitation shall be administered by Animal Control. (5) It shall be unlawful for any animal establishment to fail or refuse to comply with any minimum standard set forth in this section. Sec. 2.08.003. - Prohibited sales. (a) It shall be unlawful for any person to sell, exchange, trade, barter, lease, rent, or give away any live animal on any roadside, public right-of-way, parkway, median, park, playground, swimming pool, other recreation area, or commercial or retail parking lot that is generally accessible by the public, regardless of whether such access is authorized. (b) A person commits an offense if the person fails to comply with this section. (c) It is an affirmative defense to prosecution under subsection (a) that the person is a: veterinary clinic; animal hospital; animal shelter; animal welfare, rescue, and/or adoption agency that is a Item 8 Ordinance No. 14 - Page 30 registered non-profit entity in compliance with section 501(c)(3) of the Internal Revenue Code; bona fide zoological park; circus; educational institution; museum; licensed laboratory; publicly owned nature center; bona fide member of an educational or scientific association or society approved by the director of health; persons holding permits from an agency of the state or the United States for the care and keeping of animals for rehabilitative purposes; animal establishment in compliance with the terms of this chapter; or individual caring for animals in his private residence in compliance with the terms of this chapter. (d) Officers in the Town’s Animal Control, code compliance and police departments are authorized to investigate alleged violations of this section and to issue citations for such violations.” SECTION 3 Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under the 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 4 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5 Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6 This Ordinance shall become effective from and after its adoption and publication as required by law. Item 8 Ordinance No. 14 - Page 31 DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 28th DAY OF JANUARY, 2014. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 8 To: Mayor and Town Council From: Gary R. McHone, Assistant Chief of Police Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – January 28, 2014 Agenda Item: Informational presentation regarding the threat assessment process, which will be conducted at each Prosper ISD campus and ISD facility located within the Town. In collaboration with the ISD we will conduct the assessments on the following schedule: The three elementary schools during February, the two middle schools during March, the high school during April, and conclude in May with the ISD administration and support services facilities. Description of Agenda Item: This is a presentation that will provide an overview of the process and examples of the areas that will be looked at during the assessments of each Prosper ISD campus and facility within the Town limits. This will be a combined effort between the Town of Prosper PD and Prosper ISD personnel. This is also the first joint effort between the Town and ISD as it relates to threat assessments. Moving forward we will work with the ISD to conduct these assessments on a regular basis. Prosper is a place where everyone matters. POLICE 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 28, 2014 Agenda Item: Discussion on Collin County Discretionary Funding Call for Projects. Description of Agenda Item: Collin County has identified $15 million of Discretionary Funding from the 2007 Transportation Bond Program that it wishes to disburse to municipalities within Collin County for transportation improvements. The County has asked each municipality to submit a list of transportation projects by Friday, January 31, 2014, for consideration. The basic requirements from Collin County for the use of 2007 Transportation Bond Funds are that the roadway must be shown on the Collin County Thoroughfare Plan and that the municipality must provide a 1:1 match for any funding amount received from the County. This amount is a small fraction of the funding needed for transportation improvements needed to serve the 800,000 residents of Collin County and it is anticipated to be highly sought after by each municipality within the County. Because of the limited amount of funding available, the County has indicated that they will be looking for projects with regional significance and a relatively small funding gap to cover. Town staff considered several projects across Prosper, and ultimately settled on two related projects that serve not just the residents of Prosper, but also residents of Celina, Frisco, and McKinney who live within the boundaries of Prosper ISD: Coleman Street (Prosper Trail to PHS, PHS to Preston Road): The scope of this project currently includes the reconstruction of 2,700 feet of Coleman Street from Prosper Trail to Prosper High School from a two-lane asphalt roadway to a two-lane concrete curb and gutter roadway, including drainage improvements and traffic signal improvements. The scope of this project will be expanded to include the construction of 2,700 feet of new concrete curb and gutter roadway from Prosper High School to Preston Road, including drainage improvements. This project will improve access to Prosper High School from the south and will create a new access point to Prosper High School from the east. Estimated cost $2,800,000. Coleman Street (at Prosper High School): The scope of this project will include the widening of 2,800 feet of Coleman Street across the south edge of Prosper High School, resulting in a four-lane divided roadway with left turn lanes. This roadway will improve traffic flow in the immediate vicinity of Prosper High School by providing additional lanes to accommodate both inbound and outbound traffic from the High School from multiple Prosper is a place where everyone matters. ENGINEERING Item 10 Page 2 of 2 directions, especially considering the Preston Road connection proposed with the preceding project. Estimated cost $800,000. The 1:1 local match for these projects is largely available through the existing Coleman Street project in the approved Capital Improvement Program. The scope of this existing project would not be reduced or otherwise negatively impacted, but would instead be expanded to include the segments noted above based on the amount of funding received from Collin County. This funding includes $500,000 in drainage improvements funded in the current year of the Capital Improvement Program and $1.2 million in roadway and traffic signal improvements funded in the next year (2014-2015) of the Capital Improvement Program. Assuming both projects are selected by Collin County for a full match, the Town would need to allocate $100,000 in local dollars above the amount currently budgeted. Collin County does not require a formal Resolution of the Town Council for a project to be considered for Transportation Bond Funding. An Interlocal Agreement authorizing fiscal cooperation between Collin County and the Town of Prosper would be considered at a later date if a project is ultimately selected to receive Collin County Transportation Bond Funding. Attached Documents: 1. Annotated Town of Prosper Thoroughfare Plan 2. Annotated Excerpt from Collin County Thoroughfare Plan 3. Annotated Prosper ISD Boundary Map Town Staff Recommendation: Town staff recommends Town Council provide feedback on the proposed projects to be submitted in response to the Collin County Discretionary Funding Call for Projects. Item 10 Annotated Town of Prosper Thoroughfare Plan kj kjkjkj kj kj kj kj kj kj kjkjkjkj kj First St Coit RdPreston RdUS Highway 380 Fish Trap Rd Legacy DrProsper Trl Craig RdParvin Rd R i c h la nd BlvdFM 1385La C im a B lvdN. Coleman StFrontier Pkwy Mckinley StGee Rd S. Coleman StHays RdBroadway StTeel PkwyCuster RdDallas North TollwayL o vers Ln BNSF RRLegend Major Roads Minor Roads Proposed Roads Railroad Parcels ^_ 0 1,500 3,000750 Feet O 1 inch = 1,500 feet Source: Town of Prosper, Planning Date: December 11, 2013 Prosper Thoroughfare PlanDISCLAIMER. The Town of Prosper has prepared this map or information for internal use only. It is made available under the Public Information Act. Any reliance on this map or information is AT YOUR OWN RISK. Prosper assumes no liability for any errors, omissions, or inaccuracies in the map or information regardless of the cause of such or for any decision made, action taken, or action not taken in reliance upon any maps or information provided herein. Prosper makes no warranty, representation, or guarantee of any kind regarding any maps or information provided herein or the sources of such maps or information and DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED AND IMPLIED, including the implied warranties of merchantability and fitness for a particular purpose. Thoroughfare Plan Dallas North Tollway, Dedicated Truck Route Major Thoroughfare (6 lane; 120' ROW) Minor Thoroughfare (4 lane; 90' ROW) Commercial Couplet (3 lane; 65' ROW) Commercial Collector (2 lane; 60' ROW) Old Town District (Section Varies) Access Roads kj Major Gateway kj Minor Gateway Grade Separation RR Grade Separation Coleman Street Prosper High School Item 10 Annotated Excerpt from Collin County Thoroughfare Plan Note: Modified alignment of Coleman Street will not impact eligibility for Collin County Transportation Bond Funding. Coleman Street Prosper High School Item 10 Annotated Prosper ISD Boundary Map Coleman Street Prosper High School CCiittyy ooff FFrriissccoo CCiittyy ooff MMccKKiinnnneeyy CCiittyy ooff CCeelliinnaa CCiittyy ooff MMccKKiinnnneeyy TToowwnn ooff PPrroossppeerr Item 10 Page 1 of 1 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 28, 2014 Agenda Item: Discussion on street light standards for the Town’s thoroughfares and the Downtown Enhancements Project. Description of Agenda Item: At the November 12, 2013, Town Council meeting, Town staff received input from the Town Council on possible street light standards and a policy for spacing of street lights along the Town’s thoroughfares. Based on the feedback received, Town staff researched decorative street light options to be placed in the medians of the Town’s thoroughfares and is providing two standards for Town Council consideration. Also discussed at the meeting was Town staff’s recommendation to only place the street lights at the intersections and median openings along the thoroughfares. Further research suggests that the spacing of the selected street lights should be placed in such a manner as to provide consistent illumination of the roadway for the traveling motorists. Included in the Town’s Capital Improvement Plan (CIP) is the Downtown Enhancements Project which includes $475,000 for the installation of decorative street lights along Broadway, from east of McKinley to Coleman, and Main Street, from First Street to Broadway. Any additional funding remaining after installation of the decorative street lights could be used for other enhancements, like decorative planters and benches. On December 13, 2013, Town staff met with representatives of the Prosper Historical Society to discuss options for downtown decorative street lights. At that meeting, three standards were selected by the representatives of the Prosper Historical Society for consideration by the Town Council. The light standard selected will include banner arms, an electrical outlet and flag pole holders. Attached Documents: 1. Color Photos of Lighting Standards Town Staff Recommendation: Town staff recommends Town Council provide feedback on the proposed street light standards for Town’s thoroughfares and the Downtown Enhancements Project. Prosper is a place where everyone matters. ENGINEERING Item 11 Town of Prosper“a place where everyone matters”pyThoroughfare Lighting ho oughfa eightingStandardsItem 11 Town of Prosper“a place where everyone matters”pyLibertyvilleItem 11 Item 11 Item 11 Item 11 Item 11 Item 11 Town of Prosper“a place where everyone matters”pyOmegaItem 11 Item 11 Item 11 Item 11 Item 11 Item 11 Item 11 Town of Prosper“a place where everyone matters”pyDowntownEnhancementsDowntown Enhancements Project Lighting StandardsItem 11 Town of Prosper“a place where everyone matters”pyHeritageItem 11 Item 11 Item 11 Town of Prosper“a place where everyone matters”pyPrairieItem 11 Item 11 Item 11 Town of Prosper“a place where everyone matters”pyVictorianItem 11 Item 11 Item 11 Page 1 of 3 To: Mayor and Town Council From: Robyn Battle, Town Secretary Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – January 14, 2014 Agenda Item: Discussion on Alcohol Permit Fees. Description of Agenda Item: The Texas Alcoholic Beverage Commission (TABC) gives municipalities the option to collect a fee not to exceed one-half of the state fee for each permit issued for the sale of alcohol in permitted areas within the Town. The Town’s local option elections held in 2004 and 2006 allow for the sale of beer and wine for off-premise consumption, and mixed beverages in restaurants by food and beverage certificate holders. Recent legislation would also allow an applicant to apply for a wine and beer retailer’s permit without a local option election, as long as the applicant holds a food and beverage certificate. The purpose of this discussion item is to update the Town Council on the changes in the TABC fees and procedures, and to get direction on amending the Town’s alcohol permit fee ordinance. The current Town ordinance authorizing a local alcohol permit fee was adopted in 2006. Since that time, the TABC permit process has changed, and it now issues permits every two years, rather than every year. Additionally, some of the fees in the current ordinance are outdated and do not reflect the current TABC fees; therefore, if the Town Council chooses to continue charging this permit fee, it is necessary to update the Town’s ordinance to bring it into compliance with the TABC fees. The chart below outlines the fees a typical establishment in the Town of Prosper would pay for alcohol permits under the current TABC fee schedule: Permit Applicant Type of Permit Operating Year Fees Due to TABC Fees Due to Town of Prosper Convenience Store, Grocery Store BQ – Wine and Beer Retailer’s Off-Premise Permit Original and Renewals (every two years) $120 $60 Restaurant serving Mixed Beverages RM – Mixed Beverage Restaurant Permit with FB (Food and Beverage Certificate) Original (first 2 years) $6,000 $0 1st Renewal (2 years) $4,500 $1,125 (half of first renewal) 2nd Renewal (2 years) $3,000 $1,500 Prosper is a place where everyone matters. ADMINISTRATION Item 12 Page 2 of 3 3rd and Subsequent Renewals (2 years each) $1,500 $750 Restaurant serving Beer & Wine BG – Wine and Beer Retailer’s Permit (must have Food and Beverage Certificate) Original and Renewals (every two years) $350 $175 Since 2006, TABC alcohol permit fees have increased significantly. In 2006, the TABC fee for an original mixed beverage permit was $3,000. That same permit in 2013 is now $6,000. In order to defray some of the costs to applicants for mixed beverage permits, TABC stipulates that the fee for a mixed beverage permit cannot be collected by a city or town until three years after the issuance of the permit; therefore, The Town’s fee for a mixed beverage permit would begin halfway through the first renewal, which calculates to one-half of one-half of the state fee. The Town fee then decreases to $750 every two years once the establishment reaches its third renewal. The permit fee for off-premise and retail wine and beer sales remains the same for the original permit and each renewal. A survey was performed of several surrounding municipalities to determine if permit fees are being charged. The chart below outlines the results of this survey: Local Permit Fee: No Local Permit Fee: Celina Addison Colleyville Allen Frisco Carrollton Little Elm Coppell McKinney Richardson Plano Southlake The Colony University Park The benefits of charging a local fee include additional revenue to the Town, and there may be an advantage to having more regulation and oversight at the local level; however, of the cities that do not charge a local fee, some of them responded that their town felt it was more “business-friendly” not to charge a fee on top of what TABC already charges. TABC applications require certification by the Town Secretary, whether or not a local fee is charged. The Town Secretary works closely with the Development Services Department to ensure that all applications meet eligibility requirements established by the local option elections, as well as zoning and distance requirements established in the Town’s Zoning Ordinance. When a local fee is charged, additional staff time is required for tracking, processing permits and payments, and enforcement. If the Town Council chooses to continue charging a local permit fee, Town staff recommends amending the ordinance to allow the Town to collect one-half of the current TABC permit fees, rather than setting specific fees for each type of permit. TABC typically updates its fees every two years, so the ordinance would always reflect the current TABC fees at any given time. The proposed ordinance would also allow the Town to collect fees every two years, rather than annually, to reflect the TABC schedule. This would make tracking renewals more efficient. Item 12 Page 3 of 3 Attached Documents: 1. TABC Two-Year Fee Chart 2. Current Ordinance Town Staff Recommendation: Town staff recommends the Town Council provide staff with direction on an ordinance to amend permit fees for permitted alcohol sales within the Town limits. Item 12 Code Authorizing Statute TABC Code Fees Surcharge Total Due AW Agent's Manufacturing Warehousing Permit Ch 55 $1,500 $651 $2,151 A Agent's Permit Ch 35 $20 $94 $114 AB Airline Beverage Permit Ch 34 $4,400 $327 $4,727 PE Beverage Cartage Permit Ch 44 $40 $151 $191 J Bonded Warehouse Permit Ch 46 $300 $136 $436 JD Bonded Warehouse Permit (Dry Area)Ch 46 $300 $136 $436 B Brewer's Permit Ch 12 $3,000 $576 $3,576 DA Brewer's Self-Distribution Permit Ch 12A $500 $250 $750 C Carrier's Permit Ch 41 $60 $252 $312 CB Caterer's Permit Ch 31 $1,000 $278 $1,278 TB Daily Temporary Mixed Beverage Permit (Per Day)Ch 30 $50 $201 $251 TN Daily Temporary Private Club Registration Permit Ch 33 $50 $226 $276 DS Direct Shipper's Permit Ch 54 $150 $376 $526 D Distiller's & Rectifier's Permit Ch 14 $3,000 $350 $3,350 DK Distiller's Agent's Permit Ch 15 $20 $94 $114 FB Food and Beverage Certificate Ch 25 $200 $576 $776 BP Brewpub License Ch 74 $1,000 $426 $1,426 FC Forwarding Center Authority Rule 35.6 $2,000 $278 $2,278 I Industrial Permit Ch 38 $120 $261 $381 E Local Cartage Permit Ch 43 $60 $202 $262 ET Local Cartage Transfer Permit Ch 42 $60 $202 $262 LP Local Distributor's Permit Ch 23 $200 $452 $652 LI Local Industrial Alcohol Manufacturer's Permit Ch 47 $200 $327 $527 T Manufacturer's Agent's Permit Ch 36 $20 $94 $114 MR Market Research Packager's Permit Ch 49 $200 $127 $327 MI Minibar Permit Original $4,000 $350 $4,350 1st Renewal $3,000 $350 $3,350 2nd Renewal $2,000 $350 $2,350 3rd and All Subsequent Renewals $1,500 $350 $1,850 MB Mixed Beverage Permit Original $6,000 $602 $6,602 1st Renewal $4,500 $602 $5,102 2nd Renewal $3,000 $602 $3,602 3rd and All Subsequent Renewals $1,500 $602 $2,102 RM Mixed Beverage Permit with FB Original $6,000 $602 $6,602 1st Renewal $4,500 $602 $5,102 2nd Renewal $3,000 $602 $3,602 3rd and All Subsequent Renewals $1,500 $602 $2,102 LB Mixed Beverage Late Hours Ch 29 $300 $327 $627 U Nonresident Brewer's Permit Ch 13 $3,000 $376 $3,376 S Nonresident Seller's Permit Ch 37 $300 $376 $676 P Package Store Permit Ch 22 $1,000 $501 $1,501 PS Package Store Tasting Permit Ch 52 $50 $176 $226 Q Wine Only Package Store Ch 24 $150 $553 $703 PT Passenger Train Beverage Permit Ch 48 $1,000 $602 $1,602 O Private Carrier's Permit Ch 42 $60 $252 $312 NE Private Club Exemption Certificate Permit Ch 32 $0 $0 $0 N Private Club Registration Permit-Option 1 2 year permit 0 to 250 Members $1,500 $901 $2,401 251 to 450 Members $2,700 $901 $3,601 451 to 650 Members $3,900 $901 $4,801 651 to 850 Members $5,100 $901 $6,001 851 to 1000 Members $6,000 $901 $6,901 Over 1000 Members $6 Per Member $901 Varies Effective: 10/24/2013Two-Year Fee Chart: Effective 10/24/2013 Surcharges are subject to annual change. Description of Permits/Licenses LIQUOR PERMITS Ch 51 Ch 28 Ch 28 Ch 32 1 of 2 Item 12 Code Authorizing Statute TABC Code Fees Surcharge Total Due Effective: 10/24/2013Two-Year Fee Chart: Effective 10/24/2013 Surcharges are subject to annual change. Description of Permits/Licenses LIQUOR PERMITSNPrivate Club Registration Permit-Option 2 Original $7,000 $901 $7,901 1st Renewal $5,500 $901 $6,401 2nd and All Subsequent Renewals $4,000 $901 $4,901 NB Private Club Beer and Wine Permit Ch 32 $3,000 $901 $3,901 NL Private Club Late Hours Permit Ch 33 $1,500 $350 $1,850 L Private Storage Permit Ch 45 $200 $202 $402 PR Promotional Permit Ch 50 $600 $376 $976 K Public Storage Permit Ch 45 $200 $202 $402 W Wholesaler's Permit Ch 19 $3,750 $701 $4,451 X General Class B Wholesaler's Permit Ch 20 $600 $651 $1,251 LX Local Class B Wholesaler's Permit Ch 21 $150 $651 $801 V Wine and Beer Retailer's Permit Excursion Boat Ch 25 $260 $553 $813 Y Wine and Beer Retailer's Permit Railway Car (Fee - Per Car)Ch 25 $60 $553 $613 Z Wine Bottler's Permit Ch 18 $450 $602 $1,052 G Winery Permit Ch 16 $150 $701 $851 GF Winery Festival Permit Ch 17 $100 $278 $378 GS Winery Storage Permit Ch 45 $200 $202 $402 BK Agent's Beer License Ch 73 $20 $94 $114 BC Branch Distributor's License Ch 66 $150 $701 $851 BB General Distributor's License Ch 64 $600 $701 $1,301 BI Importer's License Ch 67 $40 $278 $318 BJ Importer's Carrier's License Ch 68 $40 $202 $242 BD Local Distributor's License Ch 65 $150 $701 $851 BA Manufacturer's License 1st Establishment $1,500 $651 $2,151 2nd Establishment $3,000 $651 $3,651 3rd, 4th, & 5th Establishments $8,550 $651 $9,201 Excess of 5 Establishments $16,800 $651 $17,451 DB Manufacturer's Self-Distribution License Ch 62A $500 $250 $750 MW Manufacturer's Warehouse License Ch 62 $600 $553 $1,153 BS Nonresident Manufacturer's License Ch 63 $1,500 $576 $2,076 FB Food and Beverage Certificate Ch 25 $200 $576 $776 BP Brewpub License Ch 74 $1,000 $426 $1,426 BF Beer Retailer's Off Premise License Ch 71 $120 $553 $673 BE Beer Retailer's On Premise License (Excluding BEXAR, DALLAS, HARRIS, TARRANT Counties) BE Beer Retailer's On Premise License Original $2,000 $553 $2,553 (BEXAR, DALLAS, HARRIS, TARRANT Counties)Renewal $1,500 $553 $2,053 BL Retail Dealer's On Premise Late Hours License Ch 70 $500 $327 $827 SL Storage License Ch 75 $400 $202 $602 BH Temporary License Ch 72 $30 $201 $231 CA Temporary Charitable Auction Permit Ch 53 $25 $201 $226 BG Wine and Beer Retailer's Permit (Excluding BEXAR, DALLAS, HARRIS, TARRANT Counties) BG Wine and Beer Retailer's Permit Original $2,000 $553 $2,553 (BEXAR, DALLAS, HARRIS, TARRANT Counties)Renewal $1,500 $553 $2,053 BQ Wine and Beer Retailer's Off Premise Permit Ch 26 $120 $553 $673 Effective: 10/24/2013BEER LICENSES Ch 25 $350 $553 $903 Ch 69 Ch 69 $553 $853$300 Ch 25 Ch 32 Ch 62 2 of 2 Item 12 TOWN OF PROSPER, TEXAS ORDINANCE NO. 06 - 102 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ("TOWN"), REPEALING ORDINANCE NO. 04- 57 AND ESTABLISHING THAT ANNUAL PERMIT AND LICENSES ARE REQUIRED AND ESTABLISHING FEES FOR APPLICATIONS FOR PERMITS AND LICENSES UNDER THE TEXAS ALCOHOLIC BEVERAGE CODE; ESTABLISHING PROCESSING PROCEDURES FOR APPLICATIONS FOR PERMITS AND LICENSES UNDER THE TEXAS ALCOHOLIC BEVERAGE CODE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR A PENALTY. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has canvassed the results of the local option election held May 13, 2006 and found that proposition 1 in said election was duly passed by the voters; WHEREAS, most applications for permits and licenses processed by the Texas Alcoholic Beverage Commission ("TABC") under the Alcoholic Beverage Code ("ABC") ("Applications") must be submitted to the Town Secretary for approval and signature; WHEREAS, before the Town Secretary can sign the Applications, they must be processed by appropriate Town departments to ensure that all local ordinances and regulations are complied with and that the property is in a wet area, WHEREAS, the ABC authorizes the Town to collect local fees for permits and licenses equal to one-half of the State of Texas fee for the permit or license ("Permit Fee"),- WHEREAS, the Town Council has investigated and determined that it would be advantageous and beneficial to the citizens of Prosper to repeal Ordinance No. 04-57 and to pass this Ordinance to regulate said matters. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findinszs Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Repeal of Prosper Ordinance No. 04- 57. Prosper Ordinance No. 04-57 is repealed in its entirety and replaced by this Ordinance for the purpose of updating the fees relating to permits and licenses for alcoholic beverages. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 04-57 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance No. 04-57 occurring before the effective date of this Ordinance. Repealing Ordinance No. 04-57—Adopting Fees for Alcohol Permits Page 1 458222-2 Item 12 SECTION 3: Permit Required and Annual Permit Fee Established. It shall be unlawful for any person to manufacture, distill, brew, import, transport, store for purposes of sale, distribute or sell any beer, wine or other alcoholic beverage within the Town without having first obtained a Town permit and paid an annual Town Permit Fee equal to the amount set forth below or one-half of the State of Texas fee required by the ABC of every person that may be issued any permit or license or renew such permit or license by the State for the manufacture, distilling, brewing, importing, transporting, storing, distributing or sale of any beer or wine, whichever amount is greater: TYPE OF PERMIT/LICENSE ANNUAL FEE Caterer's Permit 288.00 Mixed Beverage Permit Ori inal, V' && 2nd renewal —No Charge 3` & subsequent renewals - $455.00 Wine and Beer Retailer's 53.50 Off Premise Permit Beer Retailer's Off Premise License 53.50 All others authorized to be issued in Prosper One-half(1/2) of the "Total Due" Reflected on Exhibit "A" Such Permit Fee shall be paid to the Town Secretary annually, except that the fee for a Mixed Beverage Permit shall be waived for the initial application and the first two (2) annual renewals. Exhibit "A" is incorporated as if fully set forth herein. The Town Secretary shall issue a receipt for the Permit Fee and keep a record of the same in the Town Secretary's office. All receipts issued for the payment of Permit Fees under the terms of this section shall terminate at midnight on the day before the anniversary date of their issuance, and no receipt shall be issued covering a longer term than one (1) year. SECTION 4: Processinia Procedures Established. Before the Town Secretary shall sign any Application for a permit or license under the ABC, or any annual renewal, such Application shall be submitted to the appropriate Town departments, as determined by the Town Administrator/Manager, to ensure that the Application complies with all ordinances and regulations and are for establishments located in a wet area. SECTION 5: Savinas/Revealin Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6: Severabilitv. 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 Repealing Ordinance No.04-57—Adopting Fees for Alcohol Permits Page 2 458222-2 Item 12 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: Penaltv Provision. Any person, firm, corporation or entity violating this Ordinance as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing days violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 8: Effective Date. This Ordinance shall become effective following its passage and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on this 12`h day of September, 2006. ATTEST TO: Matthew D. Denton, Town Secretary arles 1 iswanger10K o/o'xv4 /ft 2/ D.-TE OFPUBLIC-ITION: i / ,DallasAlonfing News--Collin Coaiiry.ddclitioii rerrrr BO,, 000` O F A go s o o j %o• Repealing Ordinance No.04-57—Adopting Fees for Alcohol Permits Page 3 458222-2 Item 12 EXHIBIT "A" 2 pages attached) Repealing Ordinance No. 04-57—Adopting Fees for Alcohol Permits Page 4 458222-2 Item 12 Authortatng Subject to EFFECTIVE 10/0 1105 Statute Annual Changrd Texas AlcohalIk e-'$ SuMhar .Totaf[suerodeDescription.aF4e everago Code 9 I LIQUOR PERINETS A (Agent's Permit Chapter 35 I $10.00 I 40.00 I $50.00 I AB (Airline Beverage Permit Chapter 34 1 $2,200.00 I $139.00 I $2,339.00 I PE Beverage Cartage Permit 1 Chapter 44 1 $20.00 I 64.00 I $84.00 J (Bonded Warehouse Permit 1 Chapter 46 1 $150.00 I 58.00 I $208.00 Q JD (Bonded Warehouse Permit(Dry Area) 1 Chapter 46 1 $150.00 I 58.00 I $208.00 I C: B (Brewer's Permit 1 Chapter 12 I $1,500.00 I $245.00 I $1,745.00 r I C (Carriers Permit I Chapter 41 I $30.00 I $107.00 I $137.00 fit m I CB (Caterer's Permit I Chapter 31 I $500.00 I $118.00 I $618.00 C En TB (Daily Temporary Mixed Beverage Permit(Per Day)I Chapter 30 I $50.00 I $171.00 I $221 00 v m TN (Daily Temporary Private Club Registration Permit I Chapter 33 I $50.001 $192.00 I $242.00 I D Z DS (Direct Shipper's Permit I Chapter 54 I $75.00 I 0.00 I $75.00 1 --1 O I D (Distiller's&Rectifier's Permit I Chapter 14 i $1,500.00 I $149.00 I $1,649.00 I M- m FB (Food and Beverage Certificate 1 Chapter 25 I $100.00 I $245.00 I $345.001 U _ 1 FC (Forwarding Center Authority I Rule 35.6 I $1,000.00 I $118.00 I $1,118.00 I Z m I I 11ndustrial Permit I Chapter 38 I $60.00 1 $111.00 I $171 00 I O Z E (Local Cartage Permit I Chapter 43 1 $30.00 I 86.00 1 $116.00 ;U m LP I Local Distributors Permit I Chapter 23 I $100.00 I $192.00 I $292.001 D I Li (Local Industrial Alcohol Manufacturers Permit 1 Chapter 47 I $100.00 I $139.00 I $239.00 - 4 C I T Manufacturers Agent's Permit I Chapter 36 I $10.00 I 40.00 I $50.00 M nIMR (Market Research Packager's Permit I Chapter 49 I $100.00 I 54.00 I $154.00 1 _ I MI IMinibar Permit Original I Chapter 51 I $2,000.00 I $149.00 I $2,149.00 1I O_ D I I 1st Renewal I I $1.500.00 I $149.00 I $1,649.00 1 CD l -- G) I I 2nd Renewal I I $1.000.00 I $149.00 I $1.149.00 I O m I I 3rd Renewal I I $750.00 1 $149.00 I $899.00 I t" (1) I MB (Mixed Beverage Permit Original I Chanter 28 1 $3,000.00 I $256.00 I $3,256.00 ll1 - 0 m I I 1st Renewal I 2,250.00 I $256.00 I $2.506.00 I > n I I 2nd Renewal I I $1 500.00 I $256.00 I $1,756.00 I --1 M 1 3rd Renewal 1 1 $750.00 ( $256001 $1,006.00 I IRM (Mixed Beverage Restaurant Permit with FB Original I Chapter 28 I $3,000.00 I $256.00 I $3,256.00 I Z 1st Renewal 1 I $2,250.00 I $256.00 I $2,506.00 1 m m I I 2nd Renewal 1 I $1,500.00 I $256.00 I $1,756.001 CD I I 3rd Renewal I I $750.00 I $256.00 I $1,006.00 18 I LB (Mixed Beverage Late Hours Permit I Chaoter 29 I $150.00 1 $139.00 1 $289.00 I ; O I U (Nonresident Brewers Permit I Chapter 13 $1.500.00 I $160.00 I 51.660.00 1 n v' I S INonresident Sellers Permit I Chapter 37 I $150.00 I $160.00 I $310.00 D I P IPackage Store Permit I Chapter 22 I $500.00 I $213.00 I $713.00 1 1 PS IPackage Store Tasting Permit I Chapter 52 I $25.00 I 75.00 I $100.00 11 m I Q 1Wine Only Package Store Permit I Chanter 24 I $75.00 I $235.00 I $310.00 I I PT IPassenger Train Beverage Permit I Chaoter 48 I $500.00 1 $256.00 I $756.00 1 1 0 (Private Carrier's Permit I Chapter 42 1 $30.00 I $107.00 I $13700 Item 12 utnortztng sun ect;Q:i EFFECTE fE,i,©1E311i35 `:;,.;;. A 5latu4e?;;.:. Annual Change ... Texas Alcoholic Cody Q25Ctiption of @@ BeVeYdg$CndB Fees t SuFCtietge 7Vtef Due NE (Private Club Exemption Certificate Permit I Chapter 32 I $0.00 I 0.00 I $0.00 I N (Private Club Reqistration Permit -OPTION 1 0 to 250 Members I Chapter 32 I $750.00 I $383.00 I $1,133.00 251 to 450 Members I I $1,350.00 I $383.00 I $1,733.00 451 to 650 Members I I $1,950.00 I $383.00 I $2,333.00 651 to 850 Members I I $2,550.00 I $383.00 I $2,933.00 I -n 851 to 1.000 Members I I $3,000.00 I $383.00 I $3,383.00 Over 1,000 Members I I$3 Per Member) $383.00 I VARIES I Q N iPrivate Club Registration Permit -OPTION 2 Oriainal I I $3,500.00 I $383.00 I $3.883.00 C 1st Renewal I I $2,750.00 I $383.00 I $3,133.00 1 2nd Renewal and All Subsequent Renewals I I $2,000.00 I $383.00 I $2,383.00 I m NB (Private Club Beer and Wine Permit I Chapter 32 I $1,50000 I $383.00 I $1,883.00 I C M cnINLiPrivateClubLateHoursPermitIChapter33I $750.00 I $149.00 I $899.00 1 m I L (Private Storaae Permit I Chapter 45 I $100.00 I 86.00 I $186.00 l D Z PR Promotional Permit I Chapter 54 I $300.00( 0.00I $300.001 -j O K (Public Storaqe Permit I Chapter 45 I $100.00 I 86.00 I $186.00 I m m I W (Wholesalers Permit I Chanter 19 I $1.875.00 I $298.00 I $2.173.00 I rf I X (General Class B Wholesaler's Permit I Chapter 20 I $300.00 1 $277.00 I $577.00 I 0 z m I LX (Local Class B Wholesalers Permit I Chapter 21 I $75.00 I $277.00 I $352.00 I Z I V (Wine and Beer Retailers Permit Excursion Boat I Chanter 25 I $130.00 I $235.00 I $365.00 ;U m I Y I Wine and Beer Retailers Permit Railwav Car( Fee-Per Car) I Chapter 25 ( $30.00 I $235.00 I $265.001 D I Z (Wine Bottler's Permit I Chapter 18 I $225.00 I $256.00 I $481.00 I T I G (Winery Permit I Chapter 16 I $75.00 I $298.00 I $373.00 I m p I GS (Winery Storage Permit I Chapter 45 I $100.00 I 86.00 I $186.00 I ;U 0 BEER LICENSES CD D I BK (Agent's Beer License I Chapter 73 I $10.00 I 40.00 I $50.00 0 G) I BC (Branch Distributor's License I Chapter 66 I $75.00 I $298.00 I $373.00 o m I BB (General Distributor's License I Chapter 64 I $300.00 I $298.00 I $598.00 1 BI IImporter's License I Chapter 67 I $20.00 I $118.00 I $138.00 D TIBJIlmportersCarrier's License I Chapter 68 I $20.00 I 86.00 I $106.00 < T I BD I Local Distributor's License I Chanter 65 I $75.00 I $298.00 I $373.00 n I BA IManufacturer's License 1st Establishment I Chapter 62 ( $750.00 I $277.00 I $1,027.00 I m 0 2nd Establishment I I $1,500.00 I $277.00 I $1,777.00 Z 3rd,4th&5th Establishments I I $4,275.00 I $277.00 I $4,552.00 m m I Excess of 5 Establishments I I $8,400.00 I $277.00 I $8,677.00 ` o I MW IManufacturer's Warehouse License I Chapter 62 I $300.00 I $235.00 I $535.00 I C CD I BS INonresident Manufacturer's License I Chanter 63 I $750.00 I $245.00 I $995.00 ;CD I BP IBrewpub License I Chanter 74 I $500.00 I $181.00 I $681.00 1 n I BF IBeer Retailers Off Premise License I Chanter 71 I $60.00 I $235.00 I $295.00 I D IBE IBeer Retailers On Premise License(Excludinp DALLAS,HARRIS,TARRANT Counties) I Chapter 69 I $150.00 I $235.00 I $385.00 I ;0 IBE IBeer Retailers On Premise License(DALLAS,HARRIS,TARRANT Counties( Original I Chanter 69 I $1,000.00 I $235.00 I $1,235.00 I m I I Renewal)I $750.00 I $235.00 I $985.00 BL (Retail Dealer's On Premise Late Hours License I Chapter 70 I $250.00 I $139.00 I $38900 SL (Storage License I Chanter 75 I $200.00 I 86.00 I $286.00 I BH ITemporary License I Chapter 72 I $30.00 1 $171.00 I $201.001 I CA ITemporary Charitable Auction Permit I Chapter 53 I $25.00 I $171.00 I $196.00 I IBIG (Wine and Beer Retailers Permit(Excluding DALLAS,HARRIS,TARRANT Counties) I Chapter 25 I $175.00 I $235.00 I $410.00 IBG (Wine and Beer Retailers Permit(DALLAS,HARRIS,TARRANT Counties) Original I Chapter 25 I $1,000.00 I $235.00 I $1,235.00 I I Renewal)I $750.00 I $235.00 I $985.001 1 BO I Wine and Beer Retailer's Off Premise Permit I Chapter 26 I $60.00 I $235.00 I $295.001 Item 12