05.27.2014 Town Council Packet
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
3. Announcements of upcoming events.
4. Presentations.
Presentation by a 6th Grade English Class from Rogers Middle School regarding
“The Prosper Project.”
Presentation by a member of the Prosper Historical Society regarding a future
Prosper Veterans Memorial.
Presentation of a Proclamation to Pastor Jack Graham of Prestonwood Baptist
Church.
Presentation of a Plaque of Appreciation to the family of former Mayor F. K.
Mullendore.
Presentation of a Certificate of Appreciation to former Council Member Danny
Wilson.
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 meetings. (RB)
Regular Meeting – May 13, 2014
Special Meeting to Canvass Election – May 19, 2014
5b. Receive the April 2014 Financial Report. (KA)
5c. Receive the Quarterly Investment Report for the quarter ending March 31, 2014.
(KA)
5d. Consider and act upon awarding CSP No. 2014-23-B to Vanguard Modular
Buildings, LLC, for the purchase of a modular building for Public Works. (JC)
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
May 27, 2014
6:00 p.m.
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5e. Consider and act upon ratifying the selection of Mario Sinacola & Sons
Excavating, Inc., for conduit work performed on Preston Road; and authorizing
payment. (JC)
5f. Consider and act upon an Ordinance rezoning 878.9± acres, located on the
southeast and southwest corners of Prosper Trail and Dallas Parkway, from
Planned Development-3 (PD-3), Planned Development-14 (PD-14), Planned
Development-23 (PD-23), Planned Development-34 (PD-34), Single Family-10
(SF-10), Single Family-12.5 (SF-12.5), Office (O), and Commercial Corridor (CC)
to Planned Development-Single Family/Office/Retail (PD-SF/O/R). (Z13-0018).
(CC)
5g. Consider and act upon an Ordinance rezoning 621.1± acres, located on the
northeast and northwest corners of U.S. 380 and Preston Road, from Planned
Development-2 (PD-2), Planned Development-3 (PD-3), Planned Development-
13 (PD-13), Agricultural (A), and Single Family-15 (SF-15) to Planned
Development-Single Family-10/Townhome/Multifamily/Office/Retail/Commercial
(PD-SF-10/TH/MF/O/R/C). (Z09-0013). (CC)
5h. 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 -
REGULAR AGENDA:
(If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary
prior to the meeting. Citizens wishing to address the Council for items listed as public
hearings will be recognized by the Mayor. Those wishing to speak on a non-public
hearing related item will be recognized on a case-by-case basis, at the discretion of the
Mayor and Town Council.)
PUBLIC HEARINGS:
7. Conduct a Public Hearing, and consider and act upon a request for a Specific Use
Permit (SUP) for a Child Day Care Center on 1.4± acres, located on the north side of
Richland Boulevard, 400± feet west of Coit Road. The property is zoned Office (O).
(S14-0002). (CC)
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DEPARTMENT ITEMS:
8. Consider and act upon the election of a Mayor Pro-Tem and Deputy Mayor Pro-Tem.
(RB)
9. Consider and act upon an ordinance approving the Water Conservation and Drought
Contingency and Water Emergency Response Plan for the Town of Prosper, amending
article 13.05, “Water Conservation and Drought Contingency and Water Emergency
Response Plan,” of Chapter 13, “Utilities,” of the Town’s Code of Ordinances, and
amending Appendix A of the Town’s Code of Ordinances by adding thereto a new
section XVII, “Water Conservation and Enforcement Fees.” (FJ)
10. Consider and act upon an amendment to the Capital Improvement Plan (CIP) for the
Southwest Corner of Frontier Park Practice Fields project. (MR)
11. Consider and act upon awarding Bid No. 2014-35-B to Superscapes, Inc., related to
construction services for the Southwest Corner of Frontier Park Practice Fields, and
authorizing the Town Manager to execute same. (PN)
12. Consider and act upon an Ordinance amending Section XIII, “Parks and Recreation
User Fees," of Appendix A to the Town's Code of Ordinances by adding a new
subsection (c) thereto relative to fees for the use of athletic facilities for tournaments,
camps, and clinics. (JS)
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 551.074. - To discuss appointments to the Planning & Zoning
Commission, Parks & Recreation Board, Prosper Economic Development
Corporation Board, Board of Adjustment, Construction Board of Appeals, and
Library Board.
13d. 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.
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16. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside
window at the Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the
general public at all times, and said Notice was posted on May 23, 2014, 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
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to
consult in closed session with its attorney and to receive legal advice regarding any item listed on this
agenda.
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. For special services or assistance, please contact the Town Secretary’s Office at
(972) 569-1011 at least 48 hours prior to the meeting time.
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 5:00 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, Jr.
Councilmember Danny Wilson
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, Development Services Director
Kent Austin, Finance Director
Doug Kowalski, Chief of Police
2. 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:
2a. Section 551.087 - To discuss and consider economic development
incentives.
2b. 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.
2c. Section 551.074. - To discuss appointments to the Planning & Zoning
Commission, Parks & Recreation Board, Prosper Economic Development
Corporation Board, Board of Adjustment, Construction Board of Appeals,
and Library Board.
The Town Council recessed into Executive Session at 5:01 p.m.
MINUTES
Meeting of the Prosper Town Council
Prosper High School Cafeteria
301 Eagle Drive, Prosper, Texas
Tuesday, May 13, 2014
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3. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The regular session was reconvened at 7:30 p.m.
No action was taken as a result of Executive Session.
REGULAR MEETING
1. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor John Fowler led the invocation. The pledge of allegiance and the pledge to the
Texas flag were recited.
2. Announcements of upcoming events.
Councilmember Korbuly made the following announcements:
This morning at the Prosper Chamber of Commerce Networking Breakfast,
Congressman Sam Johnson presented the Town Council with a flag and a
Congressional Record in honor of Prosper’s Centennial Celebration. The Town Council
would like to thank the volunteers, staff, and partners who helped make the Celebration
a success.
Prosper ISD will host its second annual Special Olympics Track Meet on Friday, May 16.
Opening Ceremonies will begin at approximately 9:45 a.m. Residents are invited to
come out and support these exceptional athletes. Contact Heather Brister at Prosper
ISD for more information.
The Danny Wilson Allstate Kite Day is set for Saturday, May 17, from 10:00 a.m. to 2:00
p.m. at Frontier Park. Everyone is encouraged to bring their favorite kite, or they can
pick one up for free at the event while supplies last. Several sponsors will be on site to
provide fun activities, food, and information. There is no charge to participate in the
event.
Prosper’s Summer Series begins this Saturday, May 17, at 6:00 p.m. at Frontier Park.
There will be food, music and a 16-foot inflatable slide, followed by a live concert by
Prosper's own country music artist Lucy Scholl at 7:00. We will end the evening with a
movie showing of "Frozen.” Admission is free. Please bring your blankets and lawn
chairs.
TxDOT and Mario Sinacola will close the eastern half of the First Street and Preston
Road intersection this weekend. Weather permitting, crews will close the east side of
First Street at 5:30 p.m. on Friday to allow for the set up and pouring of concrete on
Saturday. The intersection is scheduled to reopen before 7:00 a.m. Monday morning.
During this closure of First Street, motorists are encouraged to utilize Hays Road or
Prosper Trail to access Preston Road.
Councilmember Korbuly congratulated the Prosper Police Department on their
successful Community Safety Initiative event that took place on Saturday, May 10.
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3. Proclamations.
● Presentation of a Proclamation to members of the Prosper Police
Department declaring May 11-17, 2014, as Police Week, and declaring May
15, 2014, as Peace Officers Memorial Day.
● Presentation of a Proclamation to members of Denton ABATE declaring
May 2014 as Motorcycle Safety Awareness Month.
4. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
4a. Consider and act upon minutes from the following Town Council meetings.
(RB)
• Special Called Meeting – April 22, 2014
• Regular Meeting – April 22, 2014
• Work Session – April 30, 2014
4b. Consider and act upon Resolution No. 14-27 of the Town Council of the
Town of Prosper, Texas, denying the rate increase requested by Atmos
Energy Corp., Mid-Tex Division, under the Company’s 2014 annual rate
review mechanism (RRM) filing in all cities exercising original jurisdiction.
(KA)
4c. Consider and act upon Resolution No. 14-28 authorizing the Town Manager
to execute an application to the Collin County Parks & Open Space Project
Funding Assistance Program for Cockrell Park Land Acquisition. (PN)
4d. Consider and act upon authorizing the Town Manager to execute an
agreement between Teague Nall and Perkins, Inc., and the Town of
Prosper, Texas, related to the design of SH 289 Median Lighting. (MR)
4e. Consider and act upon authorizing the Town Manager to execute the
Am ended and Restated Potable Water Supply Contract between North
Texas Municipal Water District and the Town of Prosper, Texas. (FJ)
Mayor Pro-Tem Miller made a motion and Deputy Mayor Pro-Tem Dugger seconded the
motion to approve all items on the Consent Agenda. The motion was approved by a
vote of 7-0.
5. CITIZEN COMMENTS:
(The public is invited to address the Council on any topic. However, the Council is
unable to discuss or take action on any topic not listed on this agenda. Please complete
a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the
meeting.)
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Mayor Smith recognized the following individuals who requested to speak:
Irwin “Cap” Parry, 850 Kingsview Drive, Prosper, encouraged the Town Council and
Town Staff to make efforts to attract homebuyers to the area from companies such as
Toyota, who will soon be relocating to the area.
Jack Dixon, 810 long Valley Court, Prosper, congratulated the Prosper Eag les on their
successful baseball season.
Brady Haarmeyer, 160 Wilson Drive, Prosper, did not wish to speak, but submitted a
Public Meeting Appearance Card requesting the Council to take steps to enforce the
quiet zone along the BNSF railroad.
REGULAR AGENDA:
(If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary
prior to the meeting. Citizens wishing to address the Council for items listed as public
hearings will be recognized by the Mayor. Those wishing to speak on a non-public
hearing related item will be recognized on a case-by-case basis, at the discretion of the
Mayor and Town Council.)
PUBLIC HEARINGS:
6. Conduct a Public Hearing, and consider and act upon a request to rezone
878.9± acres, located on the southeast and southwest corners of Prosper Trail
and Dallas Parkway, from Planned Development-3 (PD-3), Planned
Development-14 (PD-14), Planned Development-23 (PD-23), Planned
Development-34 (PD-34), Single Family-10 (SF-10), Single Family-12.5 (SF-
12.5), Office (O), and Commercial Corridor (CC) to Planned Development-
Single Family/Office/Retail (PD-SF/O/R). (Z13-0018). (CC)
Development Services Director Chris Copple presented this item before the Town
Council. The Town Council held a work session on April 30, 2014, and on May 7,
2014, the applicant submitted revised zoning exhibits to reflect issues brought
forward during the work session. Mr. Copple reviewed the details of The Villages of
Star Trail Planned Development proposed zoning request, including
recommendations made by the Parks and Recreation Board and the Planning and
Zoning Commission. Town staff provided a list of several items for the Town Council
to consider prior to taking action on the item.
Mayor Smith opened the Public Hearing.
Jack Dixon, 810 Long Valley Court, Prosper, was pleased that the updated
application had removed all multifamily residential from the application, but was still
concerned about the number of high-density lots. Mr. Copple clarified the number
and size of residential lots in the proposed development.
Larry Delzell, 2401 Wing Point Lane, Plano, representing Darling Homes, spoke in
favor of the item, noting that the current homebuying market is demanding high -
quality development, but with a variety of styles and lot sizes.
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Ron Underwood, 8A Rhea Mills, Prosper, submitted a Public Meeting Appearance
Card for Items 6 and 7, encouraging the Town Council to designate an area within
the Blue Star development for a Veterans Memorial.
Ken Weaver, 1480 Beacon Hill Drive, Prosper, submitted comments in opposition of
the items, unless the recommendations of the Parks and Recreation Board, the
Planning and Zoning Commission, and Town Staff are adopted as part of the item.
With no one else speaking, Mayor Smith closed the Public Hearing.
Dena Compton Devoto of Blue Star Land continued the presentation to Council,
addressing some of the comments made previously, and reviewing some of the
major features of the proposed zoning request. Several representatives from
potential homebuilders for the project were present for the meeting. Blue Star’s goal
for the project is to provide an array of housing options to residents, while
maintaining quality and integrity, and meeting the needs and desires of the Prosper
community. W hile they have eliminated multifamily units from the project at the
request of the Town, Blue Star believes The Villages of Star Trail Planned
Development still meets those overall goals.
After discussion, Mayor Pro-Tem Miller made a motion and Deputy Mayor Pro-Tem
Dugger seconded the motion to approve a request to rezone 878.9± acres, located
on the southeast and southwest corners of Prosper Trail and Dallas Parkway, from
Planned Development-3 (PD-3), Planned Development-14 (PD-14), Planned
Development-23 (PD-23), Planned Development-34 (PD-34), Single Family-10 (SF-
10), Single Family-12.5 (SF-12.5), Office (O), and Commercial Corridor (CC) to
Planned Development-Single Family/Office/Retail (PD-SF/O/R), subject to the
following conditions:
1. Revise Exhibit F to state the elevations on the following pages are artists’
concepts, the following elevations shall be representative of the architectural
style, color, and material selections for the single family dwellings in Star
Trail.
The motion was approved by a vote of 5-2.
7. Conduct a Public Hearing, and consider and act upon a request to rezone
621.1± acres, located on the northeast and northwest corners of U.S. 380 and
Preston Road, from Planned Development-2 (PD-2), Planned Development-3
(PD-3), Planned Development-13 (PD-13), Agricultural (A), and Single Family-15
(SF-15) to Planned Development-Single Family-
10/Townhome/Multifamily/Office/Retail/Commercial (PD-SF-10/TH/MF/O/ R/C).
(Z09-0013). (CC)
Development Services Director Chris Copple presented this item before the Town
Council. The Town Council held a work session on April 30, 2014, and on May 7,
2014, the applicant submitted revised zoning exhibits to reflect issues brought
forward during the work session. Mr. Copple reviewed the details of The Gates of
Prosper Planned Development proposed zoning request, including recommendations
made by the Planning and Zoning Commission. Town staff provided a list of several
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items in the Council packet materials for the Town Council to consider prior to taking
action on the item.
Mayor Smith opened the Public Hearing.
Ken Weaver, 1480 Beacon Hill Drive, Prosper, submitted comments in opposition of
the items, unless the recommendations of the Planning and Zoning Commission, and
Town Staff are adopted as part of the item.
Clint McCaffree, 1120 Mystic Way, Prosper, spoke in opposition to the item on behalf
of Willow Ridge HOA, noting that although he does appreciate the relocation of the
multifamily residential development, he expressed concern regarding the
development of Lovers Lane, he requested the existing tree line between The Gates
of Prosper development and Willow Ridge be preserved as a buffer, in addition to the
wetland.
With no one else speaking, Mayor Smith closed the Public Hearing.
Scott Shipp of Blue Star Land continued the presentation to Council, addressing
some of the comments made previously, and reviewing some of the major features
of the proposed zoning request.
At 9:30 p.m., the Town Council recessed into Executive Session to consult with the
Town Attorney.
The regular session was reconvened at 9:35 p.m. No action was taken as a result of
Executive Session.
Mr. Shipp answered several questions from the Town Council about the
development, including façade materials, landscape buffers, and the timeline for the
various phases of development.
After discussion, Mayor Pro-Tem Miller made a motion and Deputy Mayor Pro-Tem
Dugger seconded the motion to approve a request to rezone 621.1± acres, located
on the northeast and northwest corners of U.S. 380 and Preston Road, from Planned
Development-2 (PD-2), Planned Development-3 (PD-3), Planned Development-13
(PD-13), Agricultural (A), and Single Family-15 (SF-15) to Planned Development-
Single Family-10/Townhome/Multifamily/Office/Retail/Commercial (PD-SF-
10/TH/MF/O/ R/C)., subject to the following conditions:
1. The conceptual elevations or photographs contained in the proposed Planned
Development Ordinance shall contain the following language: The following
elevations (or photographs, where appropriate) shall be representative of the
architectural style, color and material selections depicted therein.
2. Maximum Number of Apartments and Townhomes; Location. Apartments shall
not exceed 600 units and town homes shall not exceed 150 units. Apartments
shall be constructed in (i) that portion of subdistrict 2 immediately east of the
BNSF railroad line, south of Lovers Lane, north of the Lifestyle Center and west
of the proposed north-south greenbelt, (ii) the area bordered on the north by
Lovers Lane, on the east by Coleman Street, on the south by the Lifestyle
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Center, and on the west by the proposed north-south greenbelt, and (iii) that
portion of subdistrict 3 immediately east of the BNSF railroad line, north of
Lovers Lane and west of the proposed north-south greenbelt. Town homes may
be constructed in (i) the same locations as the apartments referenced herein, (ii)
adjacent to First Street in subdistrict 3 and (iii) that area west of Coleman Street,
north of Lovers Lane and east of the proposed north-south greenbelt.
3. Timing Requirements for Multifamily and Townhome Construction. Upon the
issuance by the Town of tenant certificates of occupancy for at least 300,000
square feet of retail development on the property, the developer may construct
up to 300 multifamily units and 150 townhome units. Upon the issuance by the
Town of tenant certificates of occupancy for at least a total of 600,000 square
feet of retail development on the property, the developer may construct up to an
additional 300 multifamily units.
4. For nonresidential buildings in any subdistrict, a minimum of twenty-five percent
(25%) of the front façade and any side façades shall be natural or manufactured
stone. A minimum of twenty percent (20%) of the rear façade of any building
along U.S. Highway 380 shall be natural or manufactured stone; all other rear
façades facing a public right-of-way shall be a minimum of ten percent (10%)
natural or manufactured stone unless a landscape screen consisting of a double
row of evergreen canopy trees is provided along said right-of-way.
5. Townhomes and multifamily units shall be constructed of a minimum of twenty
percent (20%) natural or manufactured stone or integral color split-faced block.
Stucco shall only be permitted on the second floor of a townhome unit or higher,
or the third floor of a multifamily building or higher.
6. I further move to direct Town staff to review whether that portion of Lovers Lane
between U.S. Highway 380 and Preston Road adjacent to the Willow Ridge
residential development shall be designated by the Town as a “no through truck”
route. In the event that a future traffic impact study indicates that this section of
Lovers Lane should be a two-lane collector, the developer shall proportionately
increase its landscape buffers along that section of Lovers Lane. I additionally
move to direct Town staff to review alternate median landscaping for this portion
of roadway.
The motion was approved by a vote of 6-1.
DEPARTMENT ITEMS:
8. Consider and act upon a resolution requesting the Texas Department of
Transportation restrict commercial vehicle traffic along eastbound Frontier
Parkway (FM 1461) between Preston Road (SH 289) and Custer Road (FM
2478). (DK)
Police Chief Doug Kowalski presented this item before the Town Council. The
proposed resolution is a request for the Texas Department of Transportation to
designate the eastbound portion of Frontier Parkway (FM 1461) between Preston
Road (SH 289) and Custer Road (FM 2478) to be designated as a “no truck route” in
the interest of public safety. The City of Celina will be making the same request to
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the Texas Department of Transportation as a result of action taken by the Celina City
Council. Hulon Webb, Executive Director of Development and Community Services,
elaborated on the presentation by depicting a map of current and future traffic signs
and signals along Frontier Parkway. Town staff recommended the Town Council
approve the proposed resolution.
Councilmember Vogelsang made a motion and Deputy Mayor Pro-Tem Dugger
seconded the motion to adopt Resolution No. 14-29, requesting the Texas
Department of Transportation restrict commercial vehicle traffic along eastbound
Frontier Parkway (FM 1461) between Preston Road (SH 289) and Custer Road (FM
2478). The motion was approved by a vote of 7-0.
9. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
9a. Section 551.087 - To discuss and consider economic development
incentives.
9b. Section 551.072 - To discuss and consider purchase, exchange, lease or
value of real property for municipal purposes and all matters incident
and related thereto.
9c. Section 551.074. - To discuss appointments to the Planning & Zoning
Commission, Parks & Recreation Board, Prosper Economic
Development Corporation Board, Board of Adjustment, Construction
Board of Appeals, and Library Board.
The Town Council did not recess into Executive Session.
10. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
11. Possibly direct Town staff to schedule topic(s) for discussion at a future
meeting.
• Downtown Enhancements Project
Senior Engineer Matt Richardson updated the Council on this Project. Town staff
was directed to proceed with the street lighting project, but to limit the scope to
Broadway and two blocks of Main Street, and to incorporate expanded sidewalks
and enhanced landscaping.
• Set date to canvass May 10, 2014, General Election
Town Secretary Robyn Battle updated the Council on the May 10, 2014, General
Election. Town Staff was directed to set May 19, 2014, as the date to canvass the
election.
Page 9 of 9
• Proactive traffic enforcement on US 380
Police Chief Doug Kowalski updated the Council on this item. Due to the increased
number of accidents along US 380, the Police Department will begin proactive
enforcement of the area by increasing visibility in the area to encourage motorists to
drive more safely, and by increasing education efforts through social media about
traffic safety.
• Amendment to the Future Land Use Plan
Development Services Director Chris Copple updated the Council on this item. Due
to a recent zoning request, Town staff is seeking direction on whether to place an
item on a future agenda regarding an amendment to the Future Land Use Plan.
Town staff was directed to do so.
12. Adjourn.
The meeting was adjourned at 11:07 p.m., on Tuesday, May 13, 2014.
These minutes approved on the 27th day of May, 2014.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:00 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tem Kenneth Dugger
Councilmember Michael Korbuly
Councilmember Curry Vogelsang, Jr.
Council Members Absent:
Councilmember Danny Wilson
Councilmember Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
2. Pledge of Allegiance and Pledge to the Texas Flag.
The Pledge of Allegiance and the Pledge to the Texas Flag were recited.
3. Consider and act upon an ordinance canvassing the returns and declaring the
results of the May 10, 2014, General Election.
Town Secretary Robyn Battle presented this item before the Town Council. The Collin
County and Denton County Election Administrations have provided a tabulation of votes
cast in the May 10, 2014, General Election. The Town Secretary certified that the
following candidates were duly elected to the respective positions shown:
Town Council, Place 3 Curry Vogelsang Jr.
Town Council, Place 5 Brett Michael Davis
Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Korbuly seconded
the motion to approve Ordinance No. 14-30, canvassing the returns and declaring the
results of the May 10, 2014, General Election. The motion was approved by a vote of
5-0.
MINUTES
Meeting of the Prosper Town Council
SPECIAL CALLED MEETING
TO CANVASS ELECTION
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Monday, May 19, 2014
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4. Administer Oaths of Office and Present Certificates of Election.
Mayor Smith administered the Oaths of Office to the newly-elected Town Council
members, and presented their Certificates of Election.
5. Adjourn
The meeting was adjourned at 6:08 p.m., on Monday, May 19, 2014.
These minutes approved on the 27th day of May, 2014.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Prosper is a place where everyone matters.
MONTHLY FINANCIAL REPORT
April 2014
Prepared by
Finance Department
May 27, 2014
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 2014
Contents
Dashboard Charts 1
General Fund 3
Water/Sewer Fund 4
Interest & Sinking Fund 5
Internal Service Fund 6
Storm Drainage Fund 7
Parks Dedication & Improvement Fund 8
Impact Fees Fund 9
Special Revenue Fund 10
Employee Health Trust Fund 11
Capital Projects Fund‐‐General 12
Capital Projects Fund‐‐Water/Sewer 13
Detail‐‐All Funds 14
Legend
"Compare to" refers to percentage of fiscal year completed‐‐e.g. 58.33% = 7/12, or April.
Parentheses around a number indicate credit amount or gain‐‐e.g., Sales Taxes (1,464,685)
Red, yellow, and green traffic lights indicate status of number compared to percentage of
fiscal year completed‐‐e.g., Sales Taxes 53.60
Item 5b
$‐
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept
Town of Prosper, Texas
Sales Tax Revenue by Month
FY 11/12 FY 12/13 FY 13/14
Building Permit Revenues
$‐$200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000
Total budget
% of year
YTD Actual
1 of 42
Item 5b
$0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000
Total budget
% of year
YTD Actual
General Fund Revenues and Expenditures
Expenditures Revenues
YTD Actual
Water/Sewer Fund Revenues and Expenditures
$0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000
Total budget
% of year
YTD Actual
Expenditures Revenues
2 of 42
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 2014
COMPARE TO:58.33%
Currrent Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
GENERAL FUND
Property Taxes ‐Current (5,176,475) (5,044,997) (20,835) 97.46
Sales Taxes (2,732,400) (1,464,685) (210,820) 53.60
Franchise Fees (473,000) (214,410) (45,498) 45.33
[3] Building Permits (1,554,300) (1,036,892) (165,156) 66.71
Fines (215,000) (145,056) (26,551) 67.47
Other (1,610,142) (1,220,616) (113,784) 75.81
Total Revenues (11,761,317) (9,126,657) (582,643) 77.60
[1] 10 Administration 1,844,468 1,147,080 150,298 62.19
20 Police 1,834,258 994,655 119,335 54.23
[2] 25 Dispatch Department 644,690 335,972 36,897 52.11
30 Fire/EMS 2,566,238 1,318,621 173,254 51.38
35 Fire Marshall 123,595 64,527 8,982 52.21
40 Streets 1,367,305 182,490 20,106 13.35
45 Public Library 115,336 44,039 3,302 38.18
60 Parks and Recreation 1,778,550 711,474 90,247 40.00
70 Municipal Court 237,728 111,535 21,380 46.92
80 Inspections 796,782 322,370 58,832 40.46
85 Code Enforcement 164,151 91,632 22,342 55.82
90 Planning 495,505 201,474 22,741 40.66
98 Engineering 487,149 248,774 33,817 51.07
Total Expenses 12,455,755 5,774,645 761,533 46.36
(Gain)/Loss 694,438 (3,352,012) 178,890
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, $12,584 in
Ch. 380 Program Grant Expense catch‐up payments to Precision Landscape and Denton County
Fresh Water Supply District No. 10, and one‐time costs of approximately $62,500 for the
opening of the Town Hall Annex and remodeling of Town Hall.
[2]Dispatch Department expenses include Contracted Services expenses of $33,000 to Integrated
Computer Systems for annual computer aided dispatch fee and $28,000 to DFW Communications
for annual radio service agreement.
[3]Building Permits include a current month reclass of building permits from prior months that
were coded to various accounts other than building permits and totaled $77,945. The actual
Building Permits total for April is $87,211 ($165,156 ‐ $77,945).
3 of 42
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 2014
COMPARE TO:58.33%
Currrent Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
WATER‐SEWER FUND
Water revenues (5,671,600) (2,527,504) (355,112) 44.56
Sewer revenues (2,397,850) (1,549,487) (205,933) 64.62
Sanitation revenues (906,000) (596,557) (87,281) 65.85
Total Revenues (8,975,450) (4,673,548) (648,326) 52.07
50 Water 6,436,590 3,116,724 505,911 48.42
55 Sewer 4,868,706 4,000,977 3,106,790 82.18
57 Utility Billing 972,042 539,462 88,994 55.50
Total Expenses 12,277,338 7,657,163 3,701,694 62.37
(Gain)/Loss 3,301,888 2,983,615 3,053,368
[1] In February $3 million was added to the Sewer Department budget, utilizing reserves to cash finance
part of the Town's share of Upper Trinity's Doe Branch Wastewater Treatment Facility. This is why
the Fund's expenditure budget is so much higher than its revenue budget.
In April, the entry was made to transfer the $3,000,000 to Capital Projects for the cash financing.
[2]Wire transfers totaling $823,876 were made to meet water and sewer debt service payments
due February 15.
4 of 42
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 2014
COMPARE TO:58.33%
Currrent Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
INTEREST & SINKING FUND
Property Taxes ‐Delinquent (30,000) (72,192) (607) 240.64
Property Taxes ‐Current (2,763,240) (2,997,525) (12,379) 108.48
Taxes ‐Penalties (18,000) (21,161) (1,052) 117.56
[3] Proceeds from Bond Issuance ‐ (6,175,000) (6,175,000) ‐
[3] Proceeds from Bond Premium ‐ (764,610) (764,610) ‐
Interest Income (12,000) (10,449) (2,512) 87.08
Total Revenues (2,823,240) (10,040,938) (6,956,161) 355.65
[3] Payment to Bond Escrow Agent ‐ 7,520,684 7,520,684 ‐
[2] 2013 GO Ref Bond 282,672 77,722 ‐ 27.50
2010 Tax Note Payment 365,166 356,248 ‐ 97.56
2011 Ref Bond Pmt 177,791 172,599 ‐ 97.08
2012 GO Bond Payment 112,413 56,206 ‐ 50.00
2004 CO Bond Payment 329,992 60,496 ‐ 18.33
2006 Bond Payment 455,033 95,516 ‐ 20.99
2008 CO Bond Payment 1,078,313 773,820 ‐ 71.76
[1] Bond Administrative Fees 20,000 88,929 125,507 444.65
Total Expenses 2,821,380 9,202,221 7,646,191 326.16
(Gain)/Loss (1,860) (838,717) 690,031
NOTES:
[1] Bond Administrative Fees includes $37,977 refund for excess cost of issuance for the Series 2013
refunding bonds and Certificates of Obligation and $125,507 in fees associated with the 2014 GO
Refunding & Improvement Bonds.
[2]Wire transfers totaling $1,592,608 were made to meet the February 15 semi‐annual debt
service payments. Similar payments were made from the Water/Sewer Fund.
5 of 42
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 2014
COMPARE TO:58.33%
Currrent Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
INTERNAL SERVICE FUND‐‐MEDICAL EXPENSE REIMBURSEMENT PROGRAM
Charges for Services (30,000) (17,055) (2,475) 56.85
Interest Income (500) (349) (40) 69.80
[1] Transfer In (19,160) (1,260) 8,320 6.58
Total Revenue (49,660) (18,664) 5,805 37.58
MERP H & D Expense ‐ GF 49,000 23,589 2,800 48.14
Total Expenses 49,000 23,589 2,800 48.14
(Gain)/Loss (660) 4,925 8,605
NOTES:
[1]Due to budget concerns, the decision was made to stop the General Fund transfers to
the Internal Service Fund and to reverse the FYTD transfers in from the General Fund
totaling $9,917.
6 of 42
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 2014
COMPARE TO:58.33%
Currrent Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
STORM DRAINAGE UTILITY FUND
Storm Drainage Utility Fee (228,800) (141,463) (20,627) 61.83
Interest Storm Utility (1,600) (954) (109) 59.62
Total Revenue (230,400) (142,416) (20,736) 61.81
Personnel Expenses 42,649 23,575 3,264 55.28
Program Expenses 351,351 67,696 16,024 19.27
Total Expenses 394,000 91,271 19,289 23.17
(Gain)/Loss 163,600 (51,145) (1,448)
7 of 42
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 2014
COMPARE TO:58.33%
Currrent Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
PARK DEDICATION AND IMPROVEMENT FUND
Park Dedication‐Fees (100,000) (166,678) 166.68
Park Improvement (200,000) (237,000) 118.50
Contributions ‐ (17,500) ‐ ‐
Interest‐Park Dedication (1,200) (1,164) (174) 97.04
Interest‐Park Improvements (350) (422) (58) 120.48
Total Revenue (301,550) (422,764) (233) 140.20
[1] Miscellaneous Expense ‐ 42,489 10 ‐
Professional Services‐Pk Ded ‐ 16,802 ‐
Professional Services‐Pk Imp 24,375 21,912 13,912 89.90
Capital Exp‐Pk Improvements 30,000 8,500 ‐ 28.33
Capital Exp‐Pk Dedication 645,625 ‐ ‐ ‐
Total Expenses 700,000 89,704 13,922 12.81
(Gain)/Loss 398,450 (333,061) 13,689
[1] Miscellaneous expense includes $42,419 for reimbursement of a portion of improvement fees received
in the prior year from Prosper Lakes North LLC.
8 of 42
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 2014
COMPARE TO:58.33%
Currrent Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
IMPACT FEES FUND
Impact Fees ‐Water (800,000) (886,106) (106,937) 110.76
Impact Fees ‐Sewer (700,000) (234,592) (19,579) 33.51
Thoroughfare Impact Fees (1,100,000) (782,177) (58,065) 71.11
West Thorfare Imp. Fees Rev ‐ (149,763) (14,908) ‐
Interest‐Water Impact Fee (4,000) (2,614) (407) 65.36
Interest‐Sewer Impact Fee (4,000) (1,205) (191) 30.13
Interest‐Thorfare Imp Fee (12,000) (2,445) (399) 20.37
Interest‐West Thorfare imp fee ‐ (894) (139) ‐
Total Revenue (2,620,000) (2,059,796) (200,624) 78.62
[1] Professional Serv‐Water Imp Fee 1,220,000 88,430 10,402 7.25
Professional Serv‐Sewer Imp Fee 255,000 ‐ ‐ ‐
Professional Serv‐Thorfare Imp Fee 60,000 ‐ ‐ ‐
[2] Capital Expenditure‐Water ‐ 477,643 ‐ ‐
[3] Capital Expenditure‐Thoroughfare ‐ 278,794 ‐ ‐
Transfer to Capital Proj Fund 300,000 ‐ ‐ ‐
Total Expenses 1,835,000 844,867 10,402 46.04
(Gain)/Loss (785,000) (1,214,929) (190,223)
NOTES:
[1] Professional Services‐‐Water Impact Fees include payments to Freese & Nichols for Upper Plane Water
Line Design and Spiars Engineering for RaceTrac water line design.
[2] Capital Expenditure‐Water includes $410,760 payment to Dickerson Construction for RaceTrac
offsite water line.
[3] Capital Expenditure‐Thoroughfare FYTD includes reimbursements for Lakes of LaCima project per
agreement with the developer.
9 of 42
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 2014
COMPARE TO:58.33%
Currrent Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
SPECIAL REVENUE FUND
Police Donation Inc (16,000) (11,484) (773) 71.78
Fire Dept‐Donation Inc (12,000) (6,661) (788) 55.51
Safety Fair Donations (2,000) ‐ ‐ ‐
Child Safety Inc (9,000) (5,863) ‐ 65.15
Court Security Revenue (2,900) (2,924) (461) 100.84
Technology Fd Revenue (4,000) (3,889) (602) 97.22
Special Revenue ‐ Other ‐ (1,551) ‐ ‐
Interest Income ‐ (2,524) (311) ‐
Country Xmas Donations (10,000) (17,951) ‐ 179.51
Tree Mitigation Revenue ‐ (14,175) ‐ ‐
Escrow Income ‐ (70,103) ‐ ‐
Cash Seizure Forfeit‐PD (500) (3,250) ‐ 650.00
Total Revenue (56,400) (140,375) (2,935) 248.89
Country Xmas Expense 10,000 10,001 ‐ 100.01
[2] Court Technology Expense 12,200 15,261 11,690 125.09
Court Security Expense 2,500 476 68 19.04
Police Donation Exp 8,000 4,000 ‐ 50.00
Fire Dept Donation Exp 8,000 3,348 973 41.85
Health & Safety Fair Exp 1,500 ‐ ‐ ‐
Child Safety Expense 1,000 617 ‐ 61.70
[1] Escrow Expense 15,500 182,024 ‐ 1,174.35
Volunteer Per Diem Expense ‐ 480 50 ‐
Special Operations 500 ‐ ‐ ‐
PD Seizure Expense ‐ 200 ‐ ‐
Total Expenses 59,200 216,408 12,781 365.55
(Gain)/Loss 2,800 76,033 9,847
NOTES:
[1] Escrow Expense includes $182,024 payment to KCK Utilities for West Side Sewer Line.
[2] Court Technology Expense includes $11,690 for ticket writers, support, setup and accessories.
10 of 42
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 2014
COMPARE TO:58.33%
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 ‐ N/A
Total Expenses ‐ 21 ‐ N/A
Revenues (over)/under expenses N/A 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.
11 of 42
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 2014
COMPARE TO:58.33%
Currrent Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
CAPITAL PROJECTS‐‐GENERAL GOVERNMENTAL
[1] Contributions ‐ (105,000) ‐ ‐
Interest‐2004 Bond (1,000) (1,172) (166) 117.21
Interest‐2006 Bond (1,000) (181) (26) 18.07
Interest 2008 Bond (1,000) (9,372) (1,112) 937.21
Interest‐2011 Refd Bond (70) ‐ ‐ ‐
Interest 2012 GO Bond (5,000) (6,316) (883) 126.32
[3] Bond Proceeds (1,965,000) (1,000,000) (1,000,000) 50.89
Total Revenues (1,973,070) (1,122,041) (1,002,187) 56.87
Salaries & Wages 92,820 47,224 6,794 50.88
Salaries ‐ Longevity 459 ‐ ‐ ‐
Salary ‐ Incentive 300 ‐ ‐ ‐
Social Security Expense 5,802 2,828 405 48.74
Medicare Expense 1,357 661 95 48.74
SUTA Expense 93 (45) (262) (48.39)
Health Insurance 5,400 3,120 567 57.79
Dental Insurance 360 145 24 40.23
Life Insurance/AD&D 114 51 8 44.59
Liability (TML) Workers' Comp 118 146 ‐ 123.45
TMRS Expense 9,826 5,024 730 51.13
Long Term/Short Term Disabilit 173 ‐ ‐ ‐
WELLE‐Wellness Prog Reimb‐Empl 420 ‐ ‐ ‐
Building Supplies 42 42 ‐
Professional Serv‐2006 Bond 13,178 ‐ ‐
Professional Services 10,090 1,000 ‐
Telephone Expense 683 410 ‐
Mileage Expense 2,672 ‐ ‐
Capital Expenditures‐2006 Bond 3,411 ‐ ‐
[2] Capital Expenditure 2008 Bond 2,022,218 254,983 ‐
Capital Expenditure ‐ WS Prjts 1,100 ‐ ‐
Construction 4,662,758 ‐ ‐ ‐
Total Expenses 4,780,000 2,112,548 264,795 44.20
(Gain)/Loss 2,806,930 990,507 (737,393)
NOTES:
[1] Contributions revenue account includes $55,000 from agreement with Prosper EDC and $50,000 from
Preston Development, Ltd for First/Coit widening.
[2]2008 bond project FYTD expense is for First and Coit project.
[3] Bond Proceeds include $1,000,000 in proceeds related to the 2014 GO Refunding & Improvement Bonds.
12 of 42
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 2014
COMPARE TO:58.33%
Currrent Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
CAPITAL PROJECTS‐‐WATER/SEWER
Interest Income (50,000) (21,548) (2,947) 43.10
Transfers In (3,000,000) (3,000,000) (3,000,000) 100.00
[2] Bond Proceeds (13,570,000) (12,570,000) (12,570,000) 92.63
Total Revenue (16,620,000) (15,591,548) (15,572,947) 93.81
[3] Professional Services 15,570,000 15,578,922 15,578,922 100.06
Construction 1,000,000 ‐ ‐ ‐
[1] Construction 1202‐WA ‐ 156,151 ‐ ‐
Construction 1203‐SW ‐ 3,327 ‐ ‐
Construction 1203‐WA ‐ 5,429 ‐ ‐
Total Expenses 16,570,000 15,743,829 15,578,922 95.01
(Gain)/Loss (50,000) 152,281 5,975
NOTES:
[1] 2012 bond construction expense includes $156,151 payments to Cardinal Contractors for Custer Road pump
station improvement project.
[2] Bond Proceeds include $12,570,000 in proceeds from 2014 Rev and Tax CO Issuance related to the
Doe Branch regional waste water plant.
[3]Professional Services include payment of $15,578,922 to UTMWD for ToP contractual obligation in
connection with acquisition of sewage treatment capacity in the Doe Branch regional waste water plant.
13 of 42
Item 5b
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐4035‐10‐00 3% Construction Fee (75,000.00) (75,000.00) (93,329.79) 124.44 10‐4060‐10‐00 NSF Fees (50.00) (50.00) ‐ 10‐4061‐10‐00 Notary Fees (150.00) (150.00) (144.00) (25.00) 96.00 10‐4105‐10‐00 Property Taxes ‐Delinquent (45,000.00) (45,000.00) (110,584.51) (947.20) 245.74 10‐4110‐10‐00 Property Taxes ‐Current (5,176,475.00) (5,176,475.00) (5,044,997.29) (20,834.98) 97.46 10‐4115‐10‐00 Taxes ‐Penalties (20,000.00) (20,000.00) (34,056.10) (1,686.23) 170.28 10‐4120‐10‐00 Sales Taxes (2,732,400.00) (2,732,400.00) (1,464,685.25) (210,819.70) 53.60 10‐4130‐10‐00 Sales Tax‐Mixed Beverage (4,500.00) (4,500.00) (4,138.22) (1,805.30) 91.96 10‐4140‐10‐00 Franchise Taxes ‐ Electric (270,000.00) (270,000.00) (70,227.25) (38,627.69) 26.01 10‐4150‐10‐00 Franchise Taxes ‐ Telephone (100,000.00) (100,000.00) (61,109.41) (382.95) 61.11 10‐4160‐10‐00 Franchise Taxes ‐ Gas (80,000.00) (80,000.00) (65,465.20) 81.83 10‐4170‐10‐00 Franchise Taxes ‐ Road Usage (3,500.00) (3,500.00) (2,364.73) (1,156.38) 67.56 10‐4190‐10‐00 Franchise Fee‐Cable (19,500.00) (19,500.00) (15,243.36) (5,330.64) 78.17 10‐4200‐10‐00 T‐Mobile Fees (20,700.00) (20,700.00) (12,610.99) (1,983.75) 60.92 10‐4201‐10‐00 Tierone Converged Network (30,000.00) (30,000.00) (10,500.00) (1,500.00) 35.00 10‐4202‐10‐00 NTTA Tag Sales (150.00) (150.00) (30.00) 20.00 10‐4205‐10‐00 Internet America (18,000.00) (18,000.00) (10,500.00) (1,500.00) 58.33 10‐4218‐10‐00 Administrative Fees‐EDC (2,400.00) (2,400.00) (1,400.00) (200.00) 58.33 10‐4230‐10‐00 Other Permits (30.00) (30.00) ‐ 10‐4610‐10‐00 Interest Income (60,000.00) (60,000.00) (26,243.53) (807.75) 43.74 10‐4910‐10‐00 Other Revenue (20,000.00) (20,000.00) (29,595.67) (1,772.18) 147.98 10‐4995‐10‐00 Transfer In (801,700.00) (801,700.00) (467,658.31) (66,808.33) 58.33 Subtotal object ‐ 0 (9,479,525.00) (9,479,525.00) (7,524,913.61) (356,218.08) 79.38 Program number: (9,479,525.00) (9,479,525.00) (7,524,913.61) (356,218.08) 79.38 Department number: 10 Administration (9,479,525.00) (9,479,525.00) (7,524,913.61) (356,218.08) 79.38 10‐4230‐20‐00 Other Permits (325.00) (75.00) ‐ 10‐4440‐20‐00 Accident Reports (1,500.00) (1,500.00) (376.00) (41.00) 25.07 10‐4450‐20‐00 Alarm Fee (39,000.00) (39,000.00) (19,429.00) (2,064.00) 49.82 10‐4910‐20‐00 Other Revenue (1,274.28) (241.28) ‐ Subtotal object ‐ 0 (40,500.00) (40,500.00) (21,404.28) (2,421.28) 52.85 Program number: (40,500.00) (40,500.00) (21,404.28) (2,421.28) 52.85 Department number: 20 Police (40,500.00) (40,500.00) (21,404.28) (2,421.28) 52.85 10‐4310‐30‐00 Charges for Services (177,000.00) (177,000.00) (119,832.50) (40,103.04) 67.70 10‐4411‐30‐00 CC FIRE ASSOC (804.22) (402.11) ‐ 10‐4510‐30‐00 Grants (8,211.37) (3,439.37) ‐ 10‐4910‐30‐00 Other Revenue (353.80) ‐ Subtotal object ‐ 0 (177,000.00) (177,000.00) (129,201.89) (43,944.52) 73.00 Program number: (177,000.00) (177,000.00) (129,201.89) (43,944.52) 73.00 Department number: 30 Fire/EMS (177,000.00) (177,000.00) (129,201.89) (43,944.52) 73.00 10‐4315‐35‐00 Fire Review/Inspect Fees (11,000.00) (11,000.00) (5,275.00) (1,125.00) 47.96 Subtotal object ‐ 0 (11,000.00) (11,000.00) (5,275.00) (1,125.00) 47.96 14 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual Program number: (11,000.00) (11,000.00) (5,275.00) (1,125.00) 47.96 Department number: 35 Fire Marshall (11,000.00) (11,000.00) (5,275.00) (1,125.00) 47.96 10‐4910‐40‐00 Other Revenue (8,100.00) ‐ Subtotal object ‐ 0 (8,100.00) ‐ Program number: (8,100.00) ‐ Department number: 40 Streets (8,100.00) ‐ 10‐4062‐45‐00 Over Due Fees (128.10) ‐ 10‐4063‐45‐00 Lost Fees (134.63) ‐ 10‐4064‐45‐00 Printing/Coping Fees (42.80) ‐ 10‐4065‐45‐00 Book Fines (11.00) ‐ 10‐4510‐45‐00 Grants (18,087.00) (18,087.00) (14,078.03) (4,692.67) 77.84 10‐4910‐45‐00 Other Revenue (125.00) (125.00) (265.62) 212.50 Subtotal object ‐ 0 (18,212.00) (18,212.00) (14,660.18) (4,692.67) 80.50 Program number: (18,212.00) (18,212.00) (14,660.18) (4,692.67) 80.50 Department number: 45 Public Library (18,212.00) (18,212.00) (14,660.18) (4,692.67) 80.50 10‐4056‐60‐00 Field Rental Fees (17,000.00) (17,000.00) (13,908.14) (4,999.00) 81.81 10‐4057‐60‐00 Pavilion User Fees (1,400.00) (1,400.00) (1,560.00) (830.00) 111.43 10‐4058‐60‐00 Park Program Fees (579.75) (579.75) ‐ 10‐4910‐60‐00 Other Revenue (15,250.00) (15,250.00) (3,203.45) (3,052.50) 21.01 Subtotal object ‐ 0 (33,650.00) (33,650.00) (19,251.34) (9,461.25) 57.21 Program number: (33,650.00) (33,650.00) (19,251.34) (9,461.25) 57.21 Department number: 60 Parks and Recreation (33,650.00) (33,650.00) (19,251.34) (9,461.25) 57.21 10‐4410‐70‐00 Fines (215,000.00) (215,000.00) (145,055.80) (26,551.07) 67.47 10‐4610‐70‐00 Interest Income (130.00) (130.00) (334.54) (71.91) 257.34 Subtotal object ‐ 0 (215,130.00) (215,130.00) (145,390.34) (26,622.98) 67.58 Program number: (215,130.00) (215,130.00) (145,390.34) (26,622.98) 67.58 Department number: 70 Municipal Court (215,130.00) (215,130.00) (145,390.34) (26,622.98) 67.58 10‐4011‐80‐00 Permit Application Fee 73,573.51 ‐ 10‐4012‐80‐00 Saturday Inspection Fee (100.00) ‐ 10‐4013‐80‐00 Permit Expiration Fee 4,371.46 ‐ 10‐4017‐80‐00 Registration Fee (32,000.00) (32,000.00) (30,100.00) (3,700.00) 94.06 10‐4210‐80‐00 Building Permits (1,554,300.00) (1,554,300.00) (1,036,892.07) (165,155.99) 66.71 10‐4230‐80‐00 Other Permits (100,000.00) (100,000.00) (88,055.40) (26,025.40) 88.06 10‐4240‐80‐00 Plumb/Elect/Mech Permits (15,000.00) (15,000.00) (10,865.00) (2,315.00) 72.43 10‐4242‐80‐00 Re‐inspection Fees (15,000.00) (15,000.00) (13,230.00) (2,775.00) 88.20 10‐4910‐80‐00 Other Revenue (3,000.00) (3,000.00) (2,153.11) (540.30) 71.77 Subtotal object ‐ 0 (1,719,300.00) (1,719,300.00) (1,181,395.58) (122,566.72) 68.71 Program number: (1,719,300.00) (1,719,300.00) (1,181,395.58) (122,566.72) 68.71 Department number: 80 Inspections (1,719,300.00) (1,719,300.00) (1,181,395.58) (122,566.72) 68.71 10‐4245‐85‐00 Health Inspections (7,000.00) (7,000.00) (7,450.00) (1,700.00) 106.43 10‐4910‐85‐00 Other Revenue (6,270.00) ‐ 15 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% 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 (7,000.00) (7,000.00) (13,720.00) (1,700.00) 196.00 Program number: (7,000.00) (7,000.00) (13,720.00) (1,700.00) 196.00 Department number: 85 Code Enforcement (7,000.00) (7,000.00) (13,720.00) (1,700.00) 196.00 10‐4220‐90‐00 Zoning Permits (10,000.00) (10,000.00) (40,506.88) (7,653.40) 405.07 10‐4225‐90‐00 Plat Fees (50,000.00) (50,000.00) (21,648.00) (6,225.00) 43.30 10‐4910‐90‐00 Other Revenue (1,189.61) (12.05) ‐ Subtotal object ‐ 0 (60,000.00) (60,000.00) (63,344.49) (13,890.45) 105.57 Program number: (60,000.00) (60,000.00) (63,344.49) (13,890.45) 105.57 Department number: 90 Planning (60,000.00) (60,000.00) (63,344.49) (13,890.45) 105.57 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (11,761,317.00) (11,761,317.00) (9,126,656.71) (582,642.95) 77.60 10‐5110‐10‐00 Salaries & Wages 766,763.00 (40,837.00) 725,926.00 400,926.29 59,229.17 55.23 10‐5115‐10‐00 Salaries ‐ Overtime 6,031.00 (4,330.00) 1,701.00 701.14 44.60 41.22 10‐5126‐10‐00 Salaries‐Vacation Buy‐Out 6,154.00 6,154.00 3,076.92 50.00 10‐5140‐10‐00 Salaries ‐ Longevity Pay 1,338.00 (618.00) 720.00 420.00 58.33 10‐5141‐10‐00 Salaries ‐ Incentive 24,343.00 (23,343.00) 1,000.00 1,000.00 100.00 10‐5142‐10‐00 Car Allowance 5,516.00 5,516.00 3,207.71 461.54 58.15 10‐5143‐10‐00 Cell Phone Allowance 2,070.00 2,070.00 1,170.00 180.00 56.52 10‐5145‐10‐00 Social Security Expense 49,505.00 (8,036.00) 41,469.00 21,318.68 3,490.08 51.41 10‐5150‐10‐00 Medicare Expense 11,578.00 (1,256.00) 10,322.00 5,609.43 816.22 54.34 10‐5155‐10‐00 SUTA Expense 798.00 663.00 1,461.00 1,460.93 (2,243.23) 100.00 10‐5160‐10‐00 Health Insurance 49,119.00 (2,070.00) 47,049.00 26,484.25 4,113.48 56.29 10‐5165‐10‐00 Dental Insurance 3,275.00 (1,086.00) 2,189.00 1,223.90 193.12 55.91 10‐5170‐10‐00 Life Insurance/AD&D 777.00 182.00 959.00 539.47 84.36 56.25 10‐5175‐10‐00 Liability (TML) Workers' Comp 1,010.00 1,646.00 2,656.00 2,655.53 99.98 10‐5176‐10‐00 TML Prop. & Liab. Insurance 100,000.00 (20,943.00) 79,057.00 79,057.24 100.00 10‐5180‐10‐00 TMRS Expense 83,840.00 (4,668.00) 79,172.00 43,697.16 6,449.93 55.19 10‐5185‐10‐00 Long Term/Short Term Disabilit 1,072.00 518.00 1,590.00 927.76 141.67 58.35 10‐5186‐10‐00 WELLE‐Wellness Prog Reimb Empl 3,780.00 (2,417.00) 1,363.00 663.25 140.00 48.66 10‐5190‐10‐00 Contract Labor 35,000.00 (23,275.00) 11,725.00 5,725.00 1,160.00 48.83 10‐5191‐10‐00 Hiring Cost 15,000.00 (14,570.00) 430.00 430.06 100.01 10‐5193‐10‐00 Records Retention 1,000.00 (681.00) 319.00 318.65 99.89 10‐5210‐10‐00 Office Supplies 5,000.00 5,613.00 10,613.00 7,612.90 1,593.87 71.73 10‐5212‐10‐00 Building Supplies 1,500.00 4,199.00 5,699.00 4,698.57 385.88 82.45 10‐5220‐10‐00 Office Equipment 19,293.00 19,293.00 18,293.13 440.36 94.82 10‐5230‐10‐00 Dues,Fees,& Subscriptions 10,000.00 10,000.00 5,988.92 717.21 59.89 10‐5240‐10‐00 Postage and Delivery 3,000.00 (1,000.00) 2,000.00 202.20 25.00 10.11 10‐5250‐10‐00 Publications 500.00 585.00 1,085.00 1,084.60 99.96 10‐5260‐10‐00 Advertising 300.00 (300.00) ‐ 10‐5265‐10‐00 Promotional Expense 1,750.00 1,750.00 1,749.66 99.98 10‐5270‐10‐00 Bank Charges 200.00 (140.00) 60.00 90.00 30.00 150.00 10‐5280‐10‐00 Printing and Reproduction 2,000.00 1,156.00 3,156.00 1,841.29 24.00 58.34 16 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5290‐10‐00 Miscellaneous Expense 1,083.00 1,083.00 1,083.21 100.02 10‐5305‐10‐00 Chapt 380 Program Grant Exp 10,000.00 15,364.00 25,364.00 19,863.91 7,280.25 78.32 10‐5310‐10‐00 Rental Expense 58,782.00 (19,951.00) 38,831.00 29,826.67 1,876.55 76.81 10‐5330‐10‐00 Copier Expense 27,000.00 (1,830.00) 25,170.00 16,762.91 5,778.34 66.60 10‐5340‐10‐00 Building Repairs 2,500.00 13,949.00 16,449.00 15,949.00 96.96 10‐5352‐10‐00 Fuel 70.00 70.00 69.94 99.91 10‐5410‐10‐00 Professional Services 45,000.00 46,803.00 91,803.00 66,802.77 8,060.00 72.77 10‐5412‐10‐00 Audit Fees 40,000.00 (8,150.00) 31,850.00 31,850.00 15,925.00 100.00 10‐5414‐10‐00 Appraisal / Tax Fees 53,000.00 6,888.00 59,888.00 32,957.67 55.03 10‐5418‐10‐00 IT Fees 135,000.00 19,055.00 154,055.00 90,975.98 10,676.50 59.05 10‐5419‐10‐00 IT Licenses 10,000.00 10,864.00 20,864.00 10,345.00 49.58 10‐5430‐10‐00 Legal Fees 40,000.00 61,380.00 101,380.00 51,380.44 6,459.12 50.68 10‐5435‐10‐00 Legal Notices/Filings 8,500.00 (4,564.00) 3,936.00 1,936.30 49.20 10‐5460‐10‐00 Election Expense 15,000.00 15,000.00 4,731.11 4,312.52 31.54 10‐5480‐10‐00 Contracted Services 18,000.00 30,875.00 48,875.00 37,454.58 639.85 76.63 10‐5520‐10‐00 Telephones 18,000.00 30,061.00 48,061.00 33,060.74 1,900.92 68.79 10‐5521‐10‐00 Cell Phone Expense 6,000.00 (6,000.00) ‐ 10‐5524‐10‐00 Gas‐Building 500.00 65.00 565.00 355.28 62.88 10‐5525‐10‐00 Electricity 10,000.00 (843.00) 9,157.00 3,157.23 34.48 10‐5526‐10‐00 Data Network 15,000.00 12,892.00 27,892.00 16,272.19 1,840.21 58.34 10‐5530‐10‐00 Travel/Lodging/Meals Expense 8,000.00 (423.00) 7,577.00 7,077.32 3,703.31 93.41 10‐5532‐10‐00 Entertainment 750.00 (750.00) ‐ 10‐5533‐10‐00 Mileage Expense 5,000.00 (2,805.00) 2,195.00 1,094.64 491.94 49.87 10‐5536‐10‐00 Training/Seminars 40,000.00 (30,729.00) 9,271.00 9,271.00 1,606.00 100.00 10‐5538‐10‐00 Council/Public Official Expens 20,000.00 (5,097.00) 14,903.00 9,902.71 2,181.42 66.45 10‐5600‐10‐00 Special Events 38,000.00 (24,275.00) 13,725.00 12,724.77 8,588.55 92.71 10‐7000‐10‐00 Contingency 26,707.00 (26,707.00) ‐ 10‐7143‐10‐00 Transfer to Internal Serv. Fd 17,000.00 (17,000.00) (8,500.02) ‐ Subtotal object ‐ 0 1,844,468.00 1,844,468.00 1,147,080.01 150,297.72 62.19 Program number: 1,844,468.00 1,844,468.00 1,147,080.01 150,297.72 62.19 Department number: 10 Administration 1,844,468.00 1,844,468.00 1,147,080.01 150,297.72 62.19 10‐5110‐20‐00 Salaries & Wages 966,557.00 966,557.00 521,183.43 70,678.80 53.92 10‐5115‐20‐00 Salaries ‐ Overtime 35,000.00 35,000.00 29,071.79 5,009.16 83.06 10‐5126‐20‐00 Salaries‐Vacation Buy‐Out 3,137.54 ‐ 10‐5127‐20‐00 Salaries‐Certification Pay 11,800.00 11,800.00 6,404.32 913.84 54.27 10‐5140‐20‐00 Salaries ‐ Longevity Pay 5,690.00 5,690.00 4,555.00 80.05 10‐5141‐20‐00 Salaries ‐ Incentive 650.00 ‐ 10‐5143‐20‐00 Cell Phone Allowance 270.00 90.00 ‐ 10‐5145‐20‐00 Social Security Expense 63,026.00 63,026.00 34,101.88 4,578.80 54.11 10‐5150‐20‐00 Medicare Expense 14,740.00 14,740.00 7,975.43 1,070.84 54.11 10‐5155‐20‐00 SUTA Expense 1,017.00 1,017.00 (93.35) (1,671.87) (9.18) 17 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5160‐20‐00 Health Insurance 86,971.00 86,971.00 32,151.40 5,594.90 36.97 10‐5165‐20‐00 Dental Insurance 5,798.00 5,798.00 2,083.28 337.96 35.93 10‐5170‐20‐00 Life Insurance/AD&D 798.00 798.00 2,207.96 360.64 276.69 10‐5175‐20‐00 Liability (TML) Workers' Comp 1,286.00 1,286.00 22,272.23 ####### 10‐5180‐20‐00 TMRS Expense 106,737.00 106,737.00 57,252.52 7,310.96 53.64 10‐5185‐20‐00 Long Term/Short Term Disabilit 933.00 933.00 1,115.43 136.39 119.55 10‐5186‐20‐00 WELLE‐Wellness Prog Reimb Empl 6,720.00 6,720.00 1,006.25 140.00 14.97 10‐5190‐20‐00 Contract Labor 6,000.00 6,000.00 3,205.00 560.00 53.42 10‐5191‐20‐00 Hiring Cost 900.00 900.00 535.00 310.00 59.44 10‐5192‐20‐00 Physical & Psychological 825.00 825.00 450.00 450.00 54.55 10‐5210‐20‐00 Office Supplies 10,500.00 10,500.00 3,129.86 812.36 29.81 10‐5212‐20‐00 Building Supplies 2,500.00 2,500.00 509.63 122.98 20.39 10‐5214‐20‐00 Tactical Supplies 37,190.00 37,190.00 4,174.40 3,646.55 11.23 10‐5215‐20‐00 Ammunition 6,000.00 6,000.00 2,686.80 44.78 10‐5220‐20‐00 Office Equipment 1,400.00 1,400.00 1,708.08 122.01 10‐5230‐20‐00 Dues,Fees,& Subscriptions 7,000.00 7,000.00 6,650.89 79.18 95.01 10‐5240‐20‐00 Postage and Delivery 750.00 750.00 57.53 30.39 7.67 10‐5250‐20‐00 Publications 500.00 500.00 32.44 6.49 10‐5260‐20‐00 Advertising 250.00 250.00 ‐ 10‐5265‐20‐00 Promotional Expense 2,250.00 2,250.00 266.49 11.84 10‐5280‐20‐00 Printing and Reproduction 500.00 500.00 404.51 80.90 10‐5310‐20‐00 Rental Expense 3,000.00 3,000.00 2,219.30 669.80 73.98 10‐5320‐20‐00 Repairs & Maintenance 750.00 750.00 75.00 75.00 10.00 10‐5330‐20‐00 Copier Expense 445.38 ‐ 10‐5335‐20‐00 Radio/Video Repairs 2,000.00 2,000.00 ‐ 10‐5340‐20‐00 Building Repairs 1,000.00 1,000.00 395.00 39.50 10‐5350‐20‐00 Vehicle Expense 60,000.00 60,000.00 15,266.51 1,989.61 25.44 10‐5352‐20‐00 Fuel 80,000.00 80,000.00 22,492.67 5,061.72 28.12 10‐5353‐20‐00 Oil/Grease/Inspections 2,150.00 2,150.00 231.28 123.30 10.76 10‐5400‐20‐00 Uniform Expense 16,500.00 16,500.00 9,383.75 2,251.72 56.87 10‐5410‐20‐00 Professional Services 760.00 760.00 950.00 125.00 10‐5415‐20‐00 Tuition Reimbursement 12,000.00 12,000.00 5,050.00 1,600.00 42.08 10‐5418‐20‐00 IT Fees 3,950.00 3,950.00 405.00 10.25 10‐5419‐20‐00 IT Licenses 3,000.00 3,000.00 2,491.50 83.05 10‐5430‐20‐00 Legal Fees 10,000.00 10,000.00 3,415.47 95.00 34.16 10‐5480‐20‐00 Contracted Services 20,000.00 (9,040.00) 10,960.00 6,989.51 1,809.48 63.77 10‐5520‐20‐00 Telephones 8,000.00 5,000.00 13,000.00 7,577.57 882.53 58.29 10‐5521‐20‐00 Cell Phone Expense 5,000.00 (5,000.00) ‐ 10‐5525‐20‐00 Electricity 10,000.00 10,000.00 4,763.72 47.64 10‐5526‐20‐00 Data Network 13,760.00 13,760.00 3,575.45 446.88 25.98 10‐5530‐20‐00 Travel/Lodging/Meals Expense 5,000.00 5,000.00 5,237.15 1,515.83 104.74 18 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5533‐20‐00 Mileage Expense 2,500.00 2,500.00 532.34 75.82 21.29 10‐5536‐20‐00 Training/Seminars 26,500.00 26,500.00 8,240.02 889.02 31.09 10‐5600‐20‐00 Special Events 10,500.00 10,500.00 1,540.70 1,287.26 14.67 10‐5630‐20‐00 Safety Equipment 18,750.00 21,980.00 40,730.00 22,162.57 54.41 10‐5640‐20‐00 Signs & Hardware 500.00 500.00 ‐ 10‐6160‐20‐00 Capital Expenditure ‐ Vehicles 135,000.00 (12,940.00) 122,060.00 122,059.59 100.00 Subtotal object ‐ 0 1,834,258.00 1,834,258.00 994,655.22 119,334.85 54.23 Program number: 1,834,258.00 1,834,258.00 994,655.22 119,334.85 54.23 Department number: 20 Police 1,834,258.00 1,834,258.00 994,655.22 119,334.85 54.23 10‐5110‐25‐00 Salaries & Wages 312,860.00 312,860.00 154,564.68 25,320.70 49.40 10‐5115‐25‐00 Salaries ‐ Overtime 15,000.00 15,000.00 7,303.15 1,196.17 48.69 10‐5127‐25‐00 Salaries‐Certification Pay 7,000.00 7,000.00 3,617.65 715.53 51.68 10‐5140‐25‐00 Salaries ‐ Longevity Pay 1,507.00 1,507.00 635.00 42.14 10‐5145‐25‐00 Social Security Expense 20,855.00 20,855.00 9,672.38 1,588.75 46.38 10‐5150‐25‐00 Medicare Expense 4,877.00 4,877.00 2,262.09 371.55 46.38 10‐5155‐25‐00 SUTA Expense 336.00 336.00 615.23 (120.13) 183.10 10‐5160‐25‐00 Health Insurance 37,800.00 37,800.00 14,913.07 2,444.90 39.45 10‐5165‐25‐00 Dental Insurance 2,520.00 2,520.00 838.86 144.84 33.29 10‐5170‐25‐00 Life Insurance 416.00 416.00 301.41 55.16 72.45 10‐5175‐25‐00 Liability (TML) Workers' Comp 426.00 426.00 642.47 150.82 10‐5180‐25‐00 TMRS Expense 34,483.00 34,483.00 15,704.13 2,692.27 45.54 10‐5185‐25‐00 Long Term/Short Term Disabilit 350.00 350.00 311.40 59.21 88.97 10‐5186‐25‐00 WELLE‐Wellness Prog Reimb Empl 3,360.00 3,360.00 677.25 105.00 20.16 10‐5191‐25‐00 Hiring Cost 300.00 300.00 471.03 157.01 10‐5192‐25‐00 Physical & Psychological 300.00 1,000.00 1,300.00 950.00 73.08 10‐5210‐25‐00 Supplies 3,000.00 3,000.00 760.64 225.10 25.36 10‐5212‐25‐00 Building Supplies 1,500.00 1,500.00 ‐ 10‐5220‐25‐00 Office Equipment 2,440.00 2,440.00 1,291.39 52.93 10‐5230‐25‐00 Dues,Fees,& Subscriptions 2,000.00 2,000.00 490.88 160.98 24.54 10‐5240‐25‐00 Postage and Delivery 100.00 100.00 33.87 33.87 10‐5250‐25‐00 Publications 100.00 100.00 ‐ 10‐5280‐25‐00 Printing and Reproduction 100.00 100.00 ‐ 10‐5320‐25‐00 Repairs & Maintenance 500.00 500.00 140.00 28.00 10‐5340‐25‐00 Building Repairs 750.00 750.00 ‐ 10‐5400‐25‐00 Uniform Expense 1,710.00 1,710.00 ‐ 10‐5415‐25‐00 Tuition Reimbursement 6,000.00 (1,000.00) 5,000.00 ‐ 10‐5418‐25‐00 IT Fees 4,500.00 4,500.00 1,471.50 1,149.00 32.70 10‐5419‐25‐00 IT Licenses 5,000.00 5,000.00 ‐ 10‐5430‐25‐00 Legal Fees 2,450.00 2,450.00 ‐ 10‐5480‐25‐00 Contracted Services 155,000.00 155,000.00 110,719.76 71.43 10‐5520‐25‐00 Telephones 2,500.00 700.00 3,200.00 1,425.14 264.71 44.54 19 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5521‐25‐00 Cell Phone Expense 700.00 (700.00) ‐ 10‐5524‐25‐00 Gas‐Building 400.00 400.00 226.58 38.61 56.65 10‐5526‐25‐00 Data Network 4,600.00 4,600.00 2,739.14 381.18 59.55 10‐5530‐25‐00 Travel/Lodging/Meals Expense 1,950.00 1,950.00 583.05 29.90 10‐5533‐25‐00 Mileage Expense 1,000.00 1,000.00 588.67 103.20 58.87 10‐5536‐25‐00 Training/Seminars 5,000.00 5,000.00 2,022.00 40.44 10‐5600‐25‐00 Special Events 1,000.00 1,000.00 ‐ Subtotal object ‐ 0 644,690.00 644,690.00 335,972.42 36,896.73 52.11 Program number: 644,690.00 644,690.00 335,972.42 36,896.73 52.11 Department number: 25 Dispatch Department 644,690.00 644,690.00 335,972.42 36,896.73 52.11 10‐5110‐30‐00 Salaries & Wages 1,438,167.00 1,438,167.00 698,243.43 101,128.54 48.55 10‐5115‐30‐00 Salaries ‐ Overtime 230,000.00 230,000.00 129,730.49 18,345.95 56.41 10‐5127‐30‐00 Salaries‐Certification Pay 16,000.00 16,000.00 7,827.37 1,126.24 48.92 10‐5140‐30‐00 Salaries ‐ Longevity Pay 12,606.00 12,606.00 7,555.00 59.93 10‐5141‐30‐00 Salaries ‐ Incentive 1,750.00 ‐ 10‐5143‐30‐00 Cell Phone Allowance 2,950.00 390.00 ‐ 10‐5145‐30‐00 Social Security Expense 105,200.00 105,200.00 50,158.79 7,115.12 47.68 10‐5150‐30‐00 Medicare Expense 24,603.00 24,603.00 11,730.71 1,664.06 47.68 10‐5155‐30‐00 SUTA Expense 1,697.00 1,697.00 (299.20) (3,725.73) (17.63) 10‐5160‐30‐00 Health Insurance 146,880.00 146,880.00 54,050.34 8,287.22 36.80 10‐5165‐30‐00 Dental Insurance 9,792.00 9,792.00 3,114.06 482.80 31.80 10‐5170‐30‐00 Life Insurance/AD&D 12,489.00 12,489.00 3,387.54 525.20 27.12 10‐5171‐30‐00 Life Insurance‐Supplemental 7,921.00 ‐ 10‐5175‐30‐00 Liability (TML) Workers Comp 2,147.00 2,147.00 26,555.35 ####### 10‐5180‐30‐00 TMRS Expense 158,365.00 158,365.00 87,164.51 12,609.40 55.04 10‐5185‐30‐00 Long Term/Short Term Disabilit 2,502.00 2,502.00 1,713.91 245.38 68.50 10‐5186‐30‐00 WELLE‐Wellness Prog Reimb Empl 8,400.00 8,400.00 3,909.50 595.00 46.54 10‐5191‐30‐00 Hiring Cost 1,000.00 1,000.00 ‐ 10‐5194‐30‐00 FD Annual Phy & Screening 16,000.00 16,000.00 9,880.50 1,301.00 61.75 10‐5210‐30‐00 Office Supplies 4,848.00 4,848.00 825.07 86.82 17.02 10‐5212‐30‐00 Building Supplies 4,000.00 4,000.00 2,397.56 68.01 59.94 10‐5220‐30‐00 Office Equipment 1,500.00 1,500.00 1,150.60 76.71 10‐5230‐30‐00 Dues,Fees,& Subscriptions 3,500.00 3,500.00 3,680.00 85.00 105.14 10‐5240‐30‐00 Postage and Delivery 250.00 250.00 116.38 24.65 46.55 10‐5250‐30‐00 Publications 350.00 350.00 ‐ 10‐5280‐30‐00 Printing and Reproduction 500.00 500.00 256.00 51.20 10‐5320‐30‐00 Repairs & Maintenance 6,500.00 6,500.00 3,768.19 310.62 57.97 10‐5335‐30‐00 Radio/Video Repairs 20,000.00 (1,500.00) 18,500.00 280.00 1.51 10‐5340‐30‐00 Building Repairs 20,000.00 20,000.00 5,247.52 600.53 26.24 10‐5350‐30‐00 Vehicle Expense 35,000.00 35,000.00 21,920.05 393.97 62.63 10‐5352‐30‐00 Fuel 35,000.00 35,000.00 8,801.06 1,441.45 25.15 20 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5400‐30‐00 Uniform Expense 21,000.00 21,000.00 12,047.89 257.91 57.37 10‐5410‐30‐00 Professional Services 10,500.00 10,500.00 ‐ 10‐5418‐30‐00 IT Fees 7,500.00 7,500.00 681.40 9.09 10‐5430‐30‐00 Legal Fees 2,641.00 2,641.00 ‐ 10‐5435‐30‐00 Legal Notices/Filings 27.20 ‐ 10‐5440‐30‐00 EMS 74,000.00 74,000.00 43,367.19 8,636.01 58.60 10‐5480‐30‐00 Contracted Services 10,000.00 10,000.00 395.00 60.00 3.95 10‐5520‐30‐00 Telephones 12,500.00 8,000.00 20,500.00 21,583.35 1,671.75 105.29 10‐5521‐30‐00 Cell Phone Expense 8,000.00 (8,000.00) ‐ 10‐5524‐30‐00 Gas ‐ Building 7,000.00 7,000.00 3,585.38 511.51 51.22 10‐5525‐30‐00 Electricity 22,000.00 22,000.00 8,721.09 1,065.52 39.64 10‐5526‐30‐00 Data Network 12,442.00 12,442.00 12,231.18 1,699.49 98.31 10‐5530‐30‐00 Travel/Lodging/Meals Expense 3,000.00 3,000.00 679.97 22.67 10‐5533‐30‐00 Mileage Expense 1,500.00 1,500.00 ‐ 10‐5536‐30‐00 Training/Seminars 18,000.00 18,000.00 7,390.00 1,115.00 41.06 10‐5610‐30‐00 Fire Fighting Equipment 18,000.00 18,000.00 4,820.20 2,417.50 26.78 10‐5620‐30‐00 Tools & Equipment 40.47 40.47 ‐ 10‐5630‐30‐00 Safety Equipment 25,000.00 25,000.00 1,374.09 36.75 5.50 10‐6160‐30‐00 Capital Expenditure ‐ Vehicles 43,250.00 ‐ Subtotal object ‐ 0 2,566,238.00 2,566,238.00 1,318,621.14 173,254.14 51.38 Program number: 2,566,238.00 2,566,238.00 1,318,621.14 173,254.14 51.38 Department number: 30 Fire/EMS 2,566,238.00 2,566,238.00 1,318,621.14 173,254.14 51.38 10‐5110‐35‐00 Salaries & Wages 82,318.00 82,318.00 43,795.20 6,393.60 53.20 10‐5115‐35‐00 Salaries ‐ Overtime 79.92 ‐ 10‐5140‐35‐00 Salaries ‐ Longevity Pay 752.00 752.00 570.00 75.80 10‐5143‐35‐00 Cell Phone Allowance 710.00 90.00 ‐ 10‐5145‐35‐00 Social Security Expense 5,150.00 5,150.00 2,456.23 349.07 47.69 10‐5150‐35‐00 Medicare Expense 1,205.00 1,205.00 574.43 81.63 47.67 10‐5155‐35‐00 SUTA Expense 83.00 83.00 (45.00) (254.56) (54.22) 10‐5160‐35‐00 Health Insurance 5,400.00 5,400.00 3,847.54 592.68 71.25 10‐5165‐35‐00 Dental Insurance 360.00 360.00 155.70 24.14 43.25 10‐5170‐35‐00 Life Insurance/AD&D 114.00 114.00 169.38 26.26 148.58 10‐5175‐35‐00 Liability (TML) Workers' Comp 105.00 105.00 1,327.77 ####### 10‐5180‐35‐00 TMRS Expense 8,722.00 8,722.00 4,828.51 700.10 55.36 10‐5185‐35‐00 Long Term/Short Term Disabilit 153.00 153.00 112.98 16.14 73.84 10‐5186‐35‐00 WELLE‐Wellness Prog Reimb Empl 420.00 420.00 315.00 35.00 75.00 10‐5193‐35‐00 Records Retention 250.00 250.00 ‐ 10‐5194‐35‐00 FD Annual Phy & Screening 650.00 650.00 650.50 650.50 100.08 10‐5210‐35‐00 Supplies 300.00 300.00 ‐ 10‐5215‐35‐00 Ammunition 750.00 750.00 749.16 99.89 10‐5220‐35‐00 Office Equipment 197.72 ‐ 21 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5230‐35‐00 Dues,Fees,& Subscriptions 600.00 600.00 320.00 53.33 10‐5240‐35‐00 Postage and Delivery 60.00 60.00 8.92 14.87 10‐5250‐35‐00 Publications 550.00 250.00 800.00 657.37 68.18 82.17 10‐5280‐35‐00 Printing and Reproduction 500.00 (250.00) 250.00 ‐ 10‐5350‐35‐00 Vehicle Expense 1,953.00 1,953.00 ‐ 10‐5352‐35‐00 Fuel 2,000.00 2,000.00 659.11 60.49 32.96 10‐5353‐35‐00 Oil/Grease/Inspections 500.00 500.00 ‐ 10‐5400‐35‐00 Uniform Expense 1,050.00 1,050.00 413.55 30.00 39.39 10‐5418‐35‐00 IT Fees 200.00 200.00 ‐ 10‐5430‐35‐00 Legal Fees 2,000.00 2,000.00 95.00 4.75 10‐5520‐35‐00 Telephones 900.00 1,200.00 2,100.00 190.06 9.05 10‐5521‐35‐00 Cell Phone Expense 1,200.00 (1,200.00) ‐ 10‐5526‐35‐00 Data Network 151.96 37.99 ‐ 10‐5530‐35‐00 Travel/Lodging/Meals Expense 500.00 500.00 850.00 170.00 10‐5536‐35‐00 Training/Seminars 3,200.00 (750.00) 2,450.00 595.00 24.29 10‐5620‐35‐00 Tools & Equipment 150.00 150.00 91.13 80.63 60.75 10‐5630‐35‐00 Safety Equipment 1,000.00 1,000.00 ‐ 10‐5640‐35‐00 Signs & Hardware 1,250.00 1,250.00 ‐ Subtotal object ‐ 0 123,595.00 123,595.00 64,527.14 8,981.85 52.21 Program number: 123,595.00 123,595.00 64,527.14 8,981.85 52.21 Department number: 35 Fire Marshall 123,595.00 123,595.00 64,527.14 8,981.85 52.21 10‐5110‐40‐00 Salaries & Wages 93,646.00 93,646.00 49,828.49 7,275.20 53.21 10‐5115‐40‐00 Salaries ‐ Overtime 4,000.00 4,000.00 3,898.07 383.07 97.45 10‐5140‐40‐00 Salaries ‐ Longevity Pay 1,237.00 1,237.00 1,000.00 80.84 10‐5145‐40‐00 Social Security Expense 6,131.00 6,131.00 3,344.00 467.47 54.54 10‐5150‐40‐00 Medicare Expense 1,434.00 1,434.00 782.07 109.33 54.54 10‐5155‐40‐00 SUTA Expense 99.00 99.00 (0.09) (121.88) (0.09) 10‐5160‐40‐00 Health Insurance 10,800.00 10,800.00 4,282.54 642.68 39.65 10‐5165‐40‐00 Dental Insurance 720.00 720.00 311.41 48.28 43.25 10‐5170‐40‐00 Life Insurance/AD&D 196.00 196.00 101.65 15.76 51.86 10‐5175‐40‐00 Liability (TML) Workers Comp 125.00 125.00 4,540.11 ####### 10‐5180‐40‐00 TMRS Expense 10,383.00 10,383.00 5,868.13 830.02 56.52 10‐5185‐40‐00 Long Term/Short Term Disabilit 174.00 174.00 123.93 18.36 71.22 10‐5186‐40‐00 WELLE‐Wellness Prog Reimb Empl 840.00 840.00 451.50 70.00 53.75 10‐5191‐40‐00 Hiring Cost 50.00 50.00 ‐ 10‐5210‐40‐00 Office Supplies 600.00 600.00 134.36 22.39 10‐5230‐40‐00 Dues,Fees,& Subscriptions 200.00 200.00 ‐ 10‐5250‐40‐00 Publications 50.00 50.00 ‐ 10‐5310‐40‐00 Rental Expense 10,000.00 10,000.00 6,400.00 64.00 10‐5320‐40‐00 Repairs & Maintenance 4,000.00 4,000.00 ‐ 10‐5321‐40‐00 Signal Light Repairs 7,400.00 7,400.00 ‐ 22 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5340‐40‐00 Building Repairs 2,500.00 2,500.00 ‐ 10‐5350‐40‐00 Vehicle Expense 5,500.00 5,500.00 6,887.95 125.24 10‐5352‐40‐00 Fuel 9,300.00 9,300.00 1,028.95 110.85 11.06 10‐5353‐40‐00 Oil/Grease/Inspections 800.00 800.00 ‐ 10‐5400‐40‐00 Uniform Expense 3,500.00 3,500.00 986.72 249.80 28.19 10‐5410‐40‐00 Professional Services 8,000.00 8,000.00 ‐ 10‐5480‐40‐00 Contracted Services 910,720.00 910,720.00 9,164.78 1.01 10‐5520‐40‐00 Telephones 300.00 1,000.00 1,300.00 611.29 172.76 47.02 10‐5521‐40‐00 Cell Phone Expense 1,000.00 (1,000.00) ‐ 10‐5525‐40‐00 Electricity 100,000.00 100,000.00 68,380.63 5,478.88 68.38 10‐5526‐40‐00 Data Network 71.84 7.20 ‐ 10‐5530‐40‐00 Travel/Lodging/Meals Expense 800.00 800.00 26.84 26.84 3.36 10‐5536‐40‐00 Training/Seminars 800.00 800.00 ‐ 10‐5620‐40‐00 Tools & Equipment 3,000.00 3,000.00 226.72 113.83 7.56 10‐5630‐40‐00 Safety Equipment 2,000.00 2,000.00 430.92 92.94 21.55 10‐5640‐40‐00 Signs & Hardware 31,000.00 31,000.00 6,898.36 4,114.64 22.25 10‐5650‐40‐00 Maintenance Materials 60,000.00 60,000.00 6,709.10 11.18 10‐6140‐40‐00 Capital Expenditure ‐ Equipmt 76,000.00 76,000.00 ‐ Subtotal object ‐ 0 1,367,305.00 1,367,305.00 182,490.27 20,106.03 13.35 Program number: 1,367,305.00 1,367,305.00 182,490.27 20,106.03 13.35 Department number: 40 Streets 1,367,305.00 1,367,305.00 182,490.27 20,106.03 13.35 10‐5110‐45‐00 Salaries & Wages 24,536.00 24,590.00 49,126.00 11,280.53 2,070.62 22.96 10‐5145‐45‐00 Social Security Expense 849.00 1,525.00 2,374.00 699.39 128.38 29.46 10‐5150‐45‐00 Medicare Expense 198.00 357.00 555.00 163.56 30.02 29.47 10‐5155‐45‐00 SUTA Expense 14.00 25.00 39.00 88.80 47.63 227.69 10‐5160‐45‐00 Health/Dental Insurance 3,992.00 3,992.00 ‐ 10‐5165‐45‐00 Dental Insurance 145.00 145.00 ‐ 10‐5170‐45‐00 Life Insurance 47.00 47.00 ‐ 10‐5175‐45‐00 Liability (TML)/Workers' Comp 17.00 61.00 78.00 85.66 109.82 10‐5180‐45‐00 TMRS Expense 2,582.00 2,582.00 ‐ 10‐5185‐45‐00 Long Term/Short Term Disabilit 98.00 98.00 ‐ 10‐5190‐45‐00 Contract Labor 40,000.00 (16,667.00) 23,333.00 20,000.04 85.72 10‐5191‐45‐00 Hiring Cost 77.07 ‐ 10‐5210‐45‐00 Supplies 2,000.00 2,000.00 1,408.87 70.44 10‐5212‐45‐00 Building Supplies 500.00 500.00 ‐ 10‐5220‐45‐00 Office Equipment 1,000.00 1,000.00 1,553.59 155.36 10‐5230‐45‐00 Dues,Fees,& Subscriptions 5,600.00 5,600.00 3,200.00 57.14 10‐5240‐45‐00 Postage and Delivery 400.00 400.00 ‐ 10‐5250‐45‐00 Publications 187.20 ‐ 10‐5281‐45‐00 Book Purchases 12,000.00 12,000.00 5,294.74 1,025.51 44.12 10‐5418‐45‐00 IT Fees 375.00 375.00 ‐ 23 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5480‐45‐00 Contracted Services 2,652.00 2,652.00 ‐ 10‐5520‐45‐00 Telephones 540.00 540.00 ‐ 10‐5525‐45‐00 Electricity 5,500.00 5,500.00 ‐ 10‐5530‐45‐00 Travel 700.00 700.00 ‐ 10‐5533‐45‐00 Mileage Expense 600.00 600.00 ‐ 10‐5536‐45‐00 Training/Seminars 500.00 500.00 ‐ 10‐5600‐45‐00 Special Events 600.00 600.00 ‐ Subtotal object ‐ 0 98,041.00 17,295.00 115,336.00 44,039.45 3,302.16 38.18 Program number: 98,041.00 17,295.00 115,336.00 44,039.45 3,302.16 38.18 Department number: 45 Public Library 98,041.00 17,295.00 115,336.00 44,039.45 3,302.16 38.18 10‐5110‐60‐00 Salaries & Wages 590,082.00 590,082.00 270,655.81 44,492.14 45.87 10‐5115‐60‐00 Salaries ‐ Overtime 9,000.00 9,000.00 6,428.35 1,027.04 71.43 10‐5126‐60‐00 Salaries‐Vacation Buy‐Out 772.00 ‐ 10‐5140‐60‐00 Salaries ‐ Longevity Pay 2,583.00 2,583.00 1,735.00 67.17 10‐5145‐60‐00 Social Security Expense 29,871.00 29,871.00 16,188.90 2,617.21 54.20 10‐5150‐60‐00 Medicare Expense 6,986.00 6,986.00 3,786.16 612.10 54.20 10‐5155‐60‐00 SUTA Expense 482.00 482.00 1,415.08 (190.86) 293.59 10‐5160‐60‐00 Health Insurance 75,912.00 75,912.00 32,693.75 5,598.24 43.07 10‐5165‐60‐00 Dental Insurance 5,061.00 5,061.00 1,798.43 313.82 35.54 10‐5170‐60‐00 Life Insurance/AD&D 1,057.00 1,057.00 626.46 110.32 59.27 10‐5175‐60‐00 Liability (TML) Workers Comp 610.00 610.00 5,568.06 912.80 10‐5180‐60‐00 TMRS Expense 63,175.00 63,175.00 29,946.98 4,915.06 47.40 10‐5185‐60‐00 Long Term/Short Term Disabilit 876.00 876.00 661.65 104.68 75.53 10‐5186‐60‐00 WELLE‐Wellness Prog Reimb Empl 4,620.00 4,620.00 1,580.25 245.00 34.21 10‐5191‐60‐00 Hiring Cost 383.29 ‐ 10‐5210‐60‐00 Office Supplies 1,500.00 1,500.00 1,901.12 121.17 126.74 10‐5212‐60‐00 Building Supplies 1,500.00 1,500.00 25.61 1.71 10‐5220‐60‐00 Office Equipment 5,560.00 5,560.00 5,081.19 91.39 10‐5230‐60‐00 Dues,Fees,& Subscriptions 2,850.00 2,850.00 725.76 387.12 25.47 10‐5240‐60‐00 Postage and Delivery 175.00 175.00 40.82 16.97 23.33 10‐5280‐60‐00 Printing and Reproduction 300.00 300.00 369.97 123.32 10‐5290‐60‐00 Miscellaneous Expense 1,500.00 1,500.00 ‐ 10‐5310‐60‐00 Rental Expense 22,000.00 22,000.00 15,239.00 1,812.00 69.27 10‐5320‐60‐00 Repairs & Maintenance 424,500.00 (15,424.00) 409,076.00 139,993.35 11,267.24 34.22 10‐5350‐60‐00 Vehicle Expense 4,500.00 4,500.00 3,149.57 702.00 69.99 10‐5352‐60‐00 Fuel 17,000.00 17,000.00 5,175.44 1,293.06 30.44 10‐5353‐60‐00 Oil/Grease/Inspections 2,000.00 2,000.00 587.87 204.51 29.39 10‐5400‐60‐00 Uniform Expense 5,700.00 5,700.00 4,608.57 489.96 80.85 10‐5410‐60‐00 Professional Services 125,000.00 125,000.00 8,659.09 4,465.00 6.93 10‐5418‐60‐00 IT Fees 3,100.00 3,100.00 1,887.11 1,021.25 60.88 10‐5419‐60‐00 IT Licenses 328.20 ‐ 24 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5430‐60‐00 Legal Fees 2,000.00 2,000.00 3,325.00 247.00 166.25 10‐5480‐60‐00 Contracted Services 154,800.00 154,800.00 25,403.50 1,272.50 16.41 10‐5520‐60‐00 Telephones 5,900.00 5,900.00 4,312.84 1,637.72 73.10 10‐5521‐60‐00 Cell Phone Expense 5,900.00 (5,900.00) ‐ 10‐5525‐60‐00 Electricity 88,000.00 88,000.00 39,854.54 45.29 10‐5526‐60‐00 Data Network 1,700.00 1,700.00 506.88 84.48 29.82 10‐5530‐60‐00 Travel/Lodging/Meals Expense 3,800.00 3,800.00 471.42 19.77 12.41 10‐5533‐60‐00 Mileage Expense 2,000.00 2,000.00 796.66 218.35 39.83 10‐5536‐60‐00 Training/Seminars 6,750.00 6,750.00 465.05 165.82 6.89 10‐5600‐60‐00 Special Events 49,700.00 49,700.00 27,978.13 131.78 56.29 10‐5620‐60‐00 Tools & Equipment 4,725.00 4,725.00 5,386.74 4,725.00 114.01 10‐5630‐60‐00 Safety Equipment 1,600.00 1,600.00 27.01 1.69 10‐5640‐60‐00 Signs & Hardware 2,800.00 2,800.00 277.50 9.91 10‐6140‐60‐00 Capital Expenditure ‐ Equipmen 10,699.00 10,699.00 ‐ 10‐6160‐60‐00 Capital Expenditure ‐ Vehicles 52,000.00 52,000.00 40,655.83 120.00 78.18 Subtotal object ‐ 0 1,778,550.00 1,778,550.00 711,473.94 90,247.45 40.00 Program number: 1,778,550.00 1,778,550.00 711,473.94 90,247.45 40.00 Department number: 60 Parks and Recreation 1,778,550.00 1,778,550.00 711,473.94 90,247.45 40.00 10‐5110‐70‐00 Salaries & Wages 93,902.00 93,902.00 42,247.64 7,423.18 44.99 10‐5115‐70‐00 Salaries ‐ Overtime 77,027.00 (77,027.00) ‐ 10‐5128‐70‐00 Language Pay 350.00 100.00 ‐ 10‐5140‐70‐00 Salaries ‐ Longevity Pay 185.00 185.00 ‐ 10‐5145‐70‐00 Social Security Expense 4,787.00 1,050.00 5,837.00 2,465.50 437.73 42.24 10‐5150‐70‐00 Medicare Expense 1,120.00 250.00 1,370.00 576.62 102.38 42.09 10‐5155‐70‐00 SUTA Expense 77.00 77.00 254.88 (161.69) 331.01 10‐5160‐70‐00 Health Insurance 5,400.00 5,400.00 3,102.30 466.44 57.45 10‐5165‐70‐00 Dental Insurance 360.00 360.00 156.76 25.20 43.54 10‐5170‐70‐00 Life Insurance/AD&D 114.00 114.00 51.12 8.17 44.84 10‐5175‐70‐00 Liability (TML) Workers Comp 98.00 98.00 119.93 122.38 10‐5180‐70‐00 TMRS Expense 8,107.00 8,107.00 4,432.90 733.88 54.68 10‐5185‐70‐00 Long Term/Short Term Disabilit 143.00 143.00 105.70 15.10 73.92 10‐5186‐70‐00 WELLE‐Wellness Prog Reimb Empl 420.00 420.00 ‐ 10‐5190‐70‐00 Contract Labor 4,800.00 4,800.00 2,215.00 400.00 46.15 10‐5191‐70‐00 Hiring Cost 43.33 43.33 ‐ 10‐5210‐70‐00 Office Supplies 1,500.00 1,500.00 1,981.39 286.66 132.09 10‐5212‐70‐00 Building Supplies 1,000.00 1,000.00 792.84 54.89 79.28 10‐5220‐70‐00 Office Equipment 232.03 211.78 ‐ 10‐5230‐70‐00 Dues,Fees,& Subscriptions 330.00 330.00 40.00 40.00 12.12 10‐5240‐70‐00 Postage and Delivery 1,000.00 1,000.00 159.71 112.91 15.97 10‐5250‐70‐00 Publications 100.00 100.00 84.34 (4.82) 84.34 10‐5280‐70‐00 Printing and Reproduction 1,000.00 1,000.00 1,181.47 118.15 25 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5310‐70‐00 Rental Expense 24,000.00 24,000.00 14,338.57 4,117.52 59.74 10‐5400‐70‐00 Uniform Expense 60.00 60.00 ‐ 10‐5418‐70‐00 IT Fees 500.00 500.00 3,278.00 655.60 10‐5420‐70‐00 Municipal Court/Judge Fees 9,600.00 9,600.00 5,051.22 (5,637.48) 52.62 10‐5425‐70‐00 State Fines Expense 106,800.00 (37,475.00) 69,325.00 4,294.48 757.65 6.20 10‐5430‐70‐00 Legal Fees 22,285.98 11,695.48 ‐ 10‐5480‐70‐00 Contracted Services 2,000.00 2,000.00 30.00 1.50 10‐5481‐70‐00 Cash Over/Short (5.00) ‐ 10‐5520‐70‐00 Telephones 300.00 300.00 889.32 113.10 296.44 10‐5524‐70‐00 Gas‐Building 900.00 900.00 293.16 38.61 32.57 10‐5525‐70‐00 Electricity 2,000.00 2,000.00 485.67 24.28 10‐5530‐70‐00 Travel/Lodging/Meals Expense 800.00 800.00 ‐ 10‐5533‐70‐00 Mileage Expense 1,500.00 1,500.00 ‐ 10‐5536‐70‐00 Training/Seminars 1,000.00 1,000.00 ‐ Subtotal object ‐ 0 257,028.00 (19,300.00) 237,728.00 111,534.86 21,380.02 46.92 Program number: 257,028.00 (19,300.00) 237,728.00 111,534.86 21,380.02 46.92 Department number: 70 Municipal Court 257,028.00 (19,300.00) 237,728.00 111,534.86 21,380.02 46.92 10‐5110‐80‐00 Salaries & Wages 441,348.00 441,348.00 179,024.51 23,234.27 40.56 10‐5115‐80‐00 Salaries ‐ Overtime 8,000.00 8,000.00 5,016.70 2,150.22 62.71 10‐5140‐80‐00 Salaries ‐ Longevity Pay 2,359.00 2,359.00 1,540.00 65.28 10‐5141‐80‐00 Salaries ‐ Incentive 3,234.00 3,234.00 250.00 7.73 10‐5145‐80‐00 Social Security Expense 25,434.00 25,434.00 10,894.26 1,476.74 42.83 10‐5150‐80‐00 Medicare Expense 5,948.00 5,948.00 2,547.85 345.36 42.84 10‐5155‐80‐00 SUTA Expense 451.00 451.00 78.44 (200.39) 17.39 10‐5160‐80‐00 Health Insurance 48,600.00 48,600.00 18,057.86 2,816.25 37.16 10‐5165‐80‐00 Dental Insurance 3,240.00 3,240.00 887.03 135.07 27.38 10‐5170‐80‐00 Life Insurance/AD&D 914.00 914.00 339.87 51.07 37.19 10‐5175‐80‐00 Liability (TML) Workers Comp 580.00 580.00 1,687.55 290.96 10‐5180‐80‐00 TMRS Expense 47,769.00 47,769.00 19,866.31 2,737.58 41.59 10‐5185‐80‐00 Long Term/Short Term Disabilit 830.00 830.00 423.45 48.07 51.02 10‐5186‐80‐00 WELLE‐Wellness Prog Reimb Empl 3,360.00 3,360.00 1,004.50 105.00 29.90 10‐5190‐80‐00 Contract Labor 1,200.00 1,200.00 900.00 120.00 75.00 10‐5191‐80‐00 Hiring Cost 60.00 60.00 315.01 80.00 525.02 10‐5210‐80‐00 Office Supplies 7,000.00 7,000.00 2,447.34 768.10 34.96 10‐5212‐80‐00 Building Supplies 500.00 500.00 361.21 72.24 10‐5220‐80‐00 Office Equipment 13,000.00 13,000.00 3,844.86 3,252.38 29.58 10‐5230‐80‐00 Dues,Fees,& Subscriptions 67,350.00 67,350.00 37,225.00 3,120.00 55.27 10‐5240‐80‐00 Postage and Delivery 50.00 50.00 ‐ 10‐5280‐80‐00 Printing and Reproduction 2,000.00 2,000.00 561.54 225.00 28.08 10‐5320‐80‐00 Repairs & Maintenance 1,000.00 1,000.00 ‐ 10‐5340‐80‐00 Building Repairs 150.00 150.00 70.25 46.83 26 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5350‐80‐00 Vehicle Expense 1,500.00 1,500.00 3,463.77 125.00 230.92 10‐5352‐80‐00 Fuel 12,000.00 12,000.00 2,569.98 560.21 21.42 10‐5353‐80‐00 Oil/Grease/Inspections 2,400.00 2,400.00 274.19 11.43 10‐5400‐80‐00 Uniform Expense 2,700.00 2,700.00 167.50 6.20 10‐5415‐80‐00 Tuition Reimbursement 5,100.00 5,100.00 ‐ 10‐5418‐80‐00 IT Fees 4,000.00 4,000.00 581.00 14.53 10‐5430‐80‐00 Legal Fees 4,000.00 4,000.00 209.00 5.23 10‐5465‐80‐00 Public Relations 500.00 500.00 ‐ 10‐5480‐80‐00 Contracted Services 750.00 750.00 3,620.10 1,548.00 482.68 10‐5520‐80‐00 Telephones 1,500.00 2,880.00 4,380.00 2,091.55 412.35 47.75 10‐5521‐80‐00 Cell Phone Expense 2,880.00 (2,880.00) ‐ 10‐5525‐80‐00 Electricity 6,500.00 6,500.00 2,798.55 43.06 10‐5526‐80‐00 Data Network 3,200.00 3,200.00 1,671.56 227.94 52.24 10‐5530‐80‐00 Travel/Lodging/Meals Expense 600.00 600.00 74.02 12.34 10‐5533‐80‐00 Mileage Expense 6,000.00 6,000.00 ‐ 10‐5536‐80‐00 Training/Seminars 7,975.00 7,975.00 1,896.00 23.77 10‐5630‐80‐00 Safety Equipment 800.00 800.00 116.00 14.50 10‐6110‐80‐00 Capital Expenditure 30,000.00 30,000.00 81.91 81.91 0.27 10‐6160‐80‐00 Capital Expenditure ‐ Vehicles 20,000.00 20,000.00 15,411.72 15,411.72 77.06 Subtotal object ‐ 0 796,782.00 796,782.00 322,370.39 58,831.85 40.46 Program number: 796,782.00 796,782.00 322,370.39 58,831.85 40.46 Department number: 80 Inspections 796,782.00 796,782.00 322,370.39 58,831.85 40.46 10‐5110‐85‐00 Salaries & Wages 47,312.00 47,312.00 25,094.37 3,640.00 53.04 10‐5115‐85‐00 Salaries ‐ Overtime 1,500.00 1,500.00 713.25 47.55 10‐5140‐85‐00 Salaries ‐ Longevity Pay 387.00 387.00 205.00 52.97 10‐5141‐85‐00 Salaries ‐ Incentive 750.00 750.00 1,000.00 133.33 10‐5145‐85‐00 Social Security Expense 3,097.00 3,097.00 1,656.37 222.84 53.48 10‐5150‐85‐00 Medicare Expense 724.00 724.00 387.37 52.11 53.50 10‐5155‐85‐00 SUTA Expense 50.00 50.00 (45.00) (47.60) (90.00) 10‐5160‐85‐00 Health Insurance 5,400.00 5,400.00 2,202.01 337.56 40.78 10‐5165‐85‐00 Dental Insurance 360.00 360.00 155.70 24.14 43.25 10‐5170‐85‐00 Life Insurance/AD&D 106.00 106.00 50.83 7.88 47.95 10‐5175‐85‐00 Liability (TML) Workers' Comp 63.00 63.00 239.85 380.71 10‐5180‐85‐00 TMRS Expense 5,244.00 5,244.00 2,890.68 394.69 55.12 10‐5185‐85‐00 Long Term/Short Term Disabilit 88.00 88.00 64.96 9.28 73.82 10‐5186‐85‐00 WELLE‐Wellness Prog Reimb Empl 420.00 420.00 225.75 35.00 53.75 10‐5190‐85‐00 Contract Labor 15,000.00 15,000.00 ‐ 10‐5210‐85‐00 Office Supplies 500.00 500.00 320.35 64.07 10‐5212‐85‐00 Building Supplies 13.09 ‐ 10‐5230‐85‐00 Dues,Fees,& Subscriptions 200.00 200.00 266.00 120.00 133.00 10‐5240‐85‐00 Postage and Delivery 400.00 400.00 ‐ 27 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5280‐85‐00 Printing and Reproduction 1,200.00 1,200.00 ‐ 10‐5350‐85‐00 Vehicle Expense 500.00 500.00 28.00 19.00 5.60 10‐5352‐85‐00 Fuel 1,000.00 1,000.00 900.44 63.57 90.04 10‐5353‐85‐00 Oil/Grease/Inspections 100.00 100.00 ‐ 10‐5400‐85‐00 Uniform Expense 200.00 200.00 89.98 44.99 10‐5418‐85‐00 IT Fees 111.00 ‐ 10‐5430‐85‐00 Legal Fees 8,000.00 8,000.00 902.00 608.00 11.28 10‐5435‐85‐00 Legal Notices/Filings 500.00 500.00 152.25 30.45 10‐5480‐85‐00 Contracted Services 68,000.00 68,000.00 52,214.00 16,788.00 76.79 10‐5520‐85‐00 Telephones 300.00 500.00 800.00 314.96 29.58 39.37 10‐5521‐85‐00 Cell Phone Expense 500.00 (500.00) ‐ 10‐5526‐85‐00 Data Network 151.96 37.99 ‐ 10‐5536‐85‐00 Training/Seminars 500.00 500.00 310.00 62.00 10‐5600‐85‐00 Special Events 1,000.00 1,000.00 66.54 6.65 10‐5620‐85‐00 Tools & Equipment 250.00 250.00 33.94 13.58 10‐5640‐85‐00 Signs & Hardware 500.00 500.00 916.50 183.30 Subtotal object ‐ 0 164,151.00 164,151.00 91,632.15 22,342.04 55.82 Program number: 164,151.00 164,151.00 91,632.15 22,342.04 55.82 Department number: 85 Code Enforcement 164,151.00 164,151.00 91,632.15 22,342.04 55.82 10‐5110‐90‐00 Salaries & Wages 213,259.00 213,259.00 111,294.53 16,233.82 52.19 10‐5115‐90‐00 Salaries ‐ Overtime 500.00 500.00 65.68 13.14 10‐5126‐90‐00 Salaries‐Vacation Buy‐Out 1,940.36 ‐ 10‐5140‐90‐00 Salaries ‐ Longevity Pay 1,059.00 1,059.00 740.00 69.88 10‐5141‐90‐00 Salaries ‐ Incentive 1,000.00 1,000.00 ‐ 10‐5145‐90‐00 Social Security Expense 13,381.00 13,381.00 6,611.48 935.35 49.41 10‐5150‐90‐00 Medicare Expense 3,129.00 3,129.00 1,546.23 218.75 49.42 10‐5155‐90‐00 SUTA Expense 216.00 216.00 165.40 (502.41) 76.57 10‐5160‐90‐00 Health Insurance 16,408.00 16,408.00 10,566.25 1,595.62 64.40 10‐5165‐90‐00 Dental Insurance 1,094.00 1,094.00 467.11 72.42 42.70 10‐5170‐90‐00 Life Insurance/AD&D 318.00 318.00 152.48 23.64 47.95 10‐5175‐90‐00 Liability (TML) Workers Comp 273.00 273.00 483.14 176.97 10‐5180‐90‐00 TMRS Expense 22,661.00 22,661.00 12,201.76 1,754.80 53.85 10‐5185‐90‐00 Long Term/Short Term Disabilit 397.00 397.00 280.15 41.05 70.57 10‐5186‐90‐00 WELLE‐Wellness Prog Reimb Empl 1,260.00 1,260.00 677.25 105.00 53.75 10‐5190‐90‐00 Contract Labor 1,300.00 1,300.00 900.00 120.00 69.23 10‐5191‐90‐00 Hiring Cost 50.00 50.00 3.32 3.32 6.64 10‐5210‐90‐00 Office Supplies 3,500.00 3,500.00 639.57 18.27 10‐5212‐90‐00 Building Supplies 250.00 250.00 ‐ 10‐5230‐90‐00 Dues,Fees,& Subscriptions 5,000.00 5,000.00 969.90 285.00 19.40 10‐5240‐90‐00 Postage and Delivery 200.00 200.00 ‐ 10‐5400‐90‐00 Uniform Expense 300.00 300.00 ‐ 28 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5410‐90‐00 Professional Services 132,000.00 132,000.00 40,307.12 30.54 10‐5415‐90‐00 Tuition Reimbursement 5,000.00 5,000.00 ‐ 10‐5418‐90‐00 IT Fees 111.00 ‐ 10‐5430‐90‐00 Legal Fees 50,000.00 50,000.00 5,662.00 1,805.00 11.32 10‐5435‐90‐00 Legal Notices/Filings 1,500.00 1,500.00 269.50 52.50 17.97 10‐5520‐90‐00 Telephones 3,300.00 2,400.00 5,700.00 1,212.19 286.66 21.27 10‐5521‐90‐00 Cell Phone Expense 2,400.00 (2,400.00) ‐ 10‐5526‐90‐00 Data Network 8,250.00 8,250.00 2,629.11 135.89 31.87 10‐5530‐90‐00 Travel/Lodging/Meals Expense 2,000.00 2,000.00 506.49 25.33 10‐5533‐90‐00 Mileage Expense 1,500.00 1,500.00 95.63 6.38 10‐5536‐90‐00 Training/Seminars 4,000.00 4,000.00 976.15 (425.00) 24.40 Subtotal object ‐ 0 495,505.00 495,505.00 201,473.80 22,741.41 40.66 Program number: 495,505.00 495,505.00 201,473.80 22,741.41 40.66 Department number: 90 Planning 495,505.00 495,505.00 201,473.80 22,741.41 40.66 10‐5110‐98‐00 Salaries & Wages 354,304.00 (6,500.00) 347,804.00 160,875.91 25,779.55 46.26 10‐5126‐98‐00 Salaries‐Vacation Buy‐Out 2,537.84 ‐ 10‐5140‐98‐00 Salaries ‐ Longevity Pay 749.00 749.00 440.00 58.75 10‐5141‐98‐00 Salaries ‐ Incentive 300.00 300.00 ‐ 10‐5143‐98‐00 Cell Phone Allowance 450.00 90.00 ‐ 10‐5145‐98‐00 Social Security Expense 22,032.00 22,032.00 8,862.18 1,450.70 40.22 10‐5150‐98‐00 Medicare Expense 5,153.00 5,153.00 2,176.73 339.27 42.24 10‐5155‐98‐00 SUTA Expense 355.00 355.00 385.68 (1,136.65) 108.64 10‐5160‐98‐00 Health Insurance 16,408.00 16,408.00 11,264.67 1,850.74 68.65 10‐5165‐98‐00 Dental Insurance 1,094.00 1,094.00 432.11 72.42 39.50 10‐5170‐98‐00 Life Insurance/AD&D 342.00 342.00 180.58 29.94 52.80 10‐5175‐98‐00 Liability (TML) Workers Comp 450.00 450.00 227.01 50.45 10‐5180‐98‐00 TMRS Expense 37,312.00 37,312.00 17,521.09 2,782.15 46.96 10‐5185‐98‐00 Long Term/Short Term Disabilit 660.00 660.00 407.21 65.35 61.70 10‐5186‐98‐00 WELLE‐Wellness Prog Reimb Empl 1,260.00 1,260.00 225.75 35.00 17.92 10‐5191‐98‐00 Hiring Cost 80.00 ‐ 10‐5210‐98‐00 Office Supplies 800.00 800.00 1,742.60 281.20 217.83 10‐5212‐98‐00 Building Supplies 350.00 350.00 111.38 62.70 31.82 10‐5220‐98‐00 Office Equipment 830.50 ‐ 10‐5230‐98‐00 Dues,Fees,& Subscriptions 900.00 900.00 57.00 6.33 10‐5240‐98‐00 Postage and Delivery 20.00 20.00 39.69 30.50 198.45 10‐5250‐98‐00 Publications 83.00 ‐ 10‐5280‐98‐00 Printing and Reproduction 78.51 ‐ 10‐5290‐98‐00 Miscellaneous Expense 62.02 62.02 ‐ 10‐5350‐98‐00 Vehicle Expense 520.92 520.92 ‐ 10‐5400‐98‐00 Uniform Expense 100.00 100.00 96.00 96.00 10‐5418‐98‐00 IT Fees 250.00 250.00 241.00 96.40 29 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 10‐5419‐98‐00 IT Licenses 562.80 ‐ 10‐5430‐98‐00 Legal Fees 8,500.00 8,500.00 4,581.83 133.00 53.90 10‐5435‐98‐00 Legal Notices/Filings 1,945.56 530.12 ‐ 10‐5520‐98‐00 Telephones 3,060.00 3,060.00 2,375.42 417.76 77.63 10‐5521‐98‐00 Cell Phone Expense 3,060.00 (3,060.00) ‐ 10‐5524‐98‐00 Gas‐Building 1,307.63 192.37 ‐ 10‐5525‐98‐00 Electricity 674.12 ‐ 10‐5530‐98‐00 Travel/Lodging/Meals Expense 3,250.00 3,250.00 576.88 17.75 10‐5533‐98‐00 Mileage Expense 2,500.00 2,500.00 765.74 108.10 30.63 10‐5536‐98‐00 Training/Seminars 7,000.00 7,000.00 480.58 6.87 10‐6110‐98‐00 Capital Expenditure 20,000.00 6,500.00 26,500.00 25,574.18 120.00 96.51 Subtotal object ‐ 0 487,149.00 487,149.00 248,774.12 33,817.16 51.07 Program number: 487,149.00 487,149.00 248,774.12 33,817.16 51.07 Department number: 98 Engineering 487,149.00 487,149.00 248,774.12 33,817.16 51.07 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 12,457,760.00 (2,005.00) 12,455,755.00 5,774,644.91 761,533.41 46.36 Fund number: 10 General 696,443.00 (2,005.00) 694,438.00 (3,352,011.80) 178,890.46 ####### 20‐4005‐50‐00 Water Revenue (5,200,000.00) (5,200,000.00) (2,138,908.82) (320,693.88) 41.13 20‐4010‐50‐00 Water Tap & Construction (300,000.00) (300,000.00) (279,432.85) (22,950.00) 93.14 20‐4012‐50‐00 Saturday Inspection Fee (2,500.00) (2,500.00) (3,600.00) (600.00) 144.00 20‐4018‐50‐00 Internet Cr. Card Fees(Global) (14,000.00) (14,000.00) (10,548.80) (1,363.71) 75.35 20‐4019‐50‐00 Cr. Card Pmt Fees(auth.net) (1,900.00) (1,900.00) (1,917.27) (272.35) 100.91 20‐4060‐50‐00 NSF Fees (1,200.00) (1,200.00) (525.00) (25.00) 43.75 20‐4242‐50‐00 Re‐Inspection Fees (2,000.00) (2,000.00) (600.00) 30.00 20‐4610‐50‐00 Interest Income (70,000.00) (70,000.00) (41,633.66) (5,361.74) 59.48 20‐4910‐50‐00 Other Revenue (80,000.00) (80,000.00) (50,338.07) (3,844.92) 62.92 Subtotal object ‐ 0 (5,671,600.00) (5,671,600.00) (2,527,504.47) (355,111.60) 44.56 Program number: (5,671,600.00) (5,671,600.00) (2,527,504.47) (355,111.60) 44.56 Department number: 50 Water (5,671,600.00) (5,671,600.00) (2,527,504.47) (355,111.60) 44.56 20‐4006‐55‐00 Sewer Revenue (2,247,850.00) (2,247,850.00) (1,442,219.00) (196,126.83) 64.16 20‐4010‐55‐00 Sewer Tap & Construction (150,000.00) (150,000.00) (106,261.45) (8,800.00) 70.84 20‐4910‐55‐00 Other Revenue (1,006.43) (1,006.43) ‐ Subtotal object ‐ 0 (2,397,850.00) (2,397,850.00) (1,549,486.88) (205,933.26) 64.62 Program number: (2,397,850.00) (2,397,850.00) (1,549,486.88) (205,933.26) 64.62 Department number: 55 Sewer (2,397,850.00) (2,397,850.00) (1,549,486.88) (205,933.26) 64.62 20‐4000‐57‐00 W/S Service Initiation (50,000.00) (50,000.00) (25,945.00) (4,115.00) 51.89 20‐4007‐57‐00 Sanitation (800,000.00) (800,000.00) (517,494.12) (75,187.01) 64.69 20‐4009‐57‐00 Late Fee‐W/S (56,000.00) (56,000.00) (53,117.46) (7,979.03) 94.85 Subtotal object ‐ 0 (906,000.00) (906,000.00) (596,556.58) (87,281.04) 65.85 Program number: (906,000.00) (906,000.00) (596,556.58) (87,281.04) 65.85 Department number: 57 Utility Billing Department (906,000.00) (906,000.00) (596,556.58) (87,281.04) 65.85 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (8,975,450.00) (8,975,450.00) (4,673,547.93) (648,325.90) 52.07 30 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 20‐7144‐00‐00 Transfer to Capital Projects 3,000,000.00 3,000,000.00 3,000,000.00 3,000,000.00 100.00 Subtotal object ‐ 0 3,000,000.00 3,000,000.00 3,000,000.00 3,000,000.00 100.00 Program number: 3,000,000.00 3,000,000.00 3,000,000.00 3,000,000.00 100.00 Department number: Non departmental 3,000,000.00 3,000,000.00 3,000,000.00 3,000,000.00 100.00 20‐5110‐50‐00 Salaries & Wages 525,495.00 525,495.00 265,222.47 43,778.04 50.47 20‐5115‐50‐00 Salaries ‐ Overtime 25,000.00 25,000.00 15,784.04 2,900.08 63.14 20‐5140‐50‐00 Salaries ‐ Longevity Pay 2,311.00 2,311.00 1,545.00 66.85 20‐5141‐50‐00 Salary‐Incentive 250.00 ‐ 20‐5145‐50‐00 Social Security Expense 29,526.00 29,526.00 16,750.82 2,726.23 56.73 20‐5150‐50‐00 Medicare Expense 6,905.00 6,905.00 3,917.55 637.61 56.74 20‐5155‐50‐00 SUTA Expense 476.00 476.00 1,032.21 (294.59) 216.85 20‐5160‐50‐00 Health Insurance 59,400.00 59,400.00 27,381.13 5,145.76 46.10 20‐5165‐50‐00 Dental Insurance 3,544.00 3,544.00 1,594.45 289.68 44.99 20‐5170‐50‐00 Life Insurance/AD&D 779.00 779.00 603.39 105.70 77.46 20‐5175‐50‐00 Liability (TML) Workers' Comp 603.00 603.00 10,635.84 ####### 20‐5176‐50‐00 TML Prop. & Liab Insurance 35,000.00 35,000.00 26,708.60 76.31 20‐5180‐50‐00 TMRS Expense 58,045.00 58,045.00 30,279.40 5,039.56 52.17 20‐5185‐50‐00 Long Term/Short Term Disabilit 767.00 767.00 668.77 109.89 87.19 20‐5186‐50‐00 WELLE‐Wellness Prog Reimb‐Empl 3,780.00 3,780.00 1,545.25 245.00 40.88 20‐5190‐50‐00 Contract Labor 15,000.00 15,000.00 ‐ 20‐5191‐50‐00 Hiring Cost 540.00 540.00 547.74 101.43 20‐5210‐50‐00 Office Supplies 3,000.00 3,000.00 1,118.43 421.14 37.28 20‐5212‐50‐00 Building Supplies 1,500.00 1,500.00 1,815.07 121.01 20‐5220‐50‐00 Office Equipment 10,500.00 10,500.00 2,530.00 24.10 20‐5230‐50‐00 Dues,Fees,& Subscriptions 12,444.00 12,444.00 439.00 222.00 3.53 20‐5240‐50‐00 Postage and Delivery 24,000.00 24,000.00 ‐ 20‐5250‐50‐00 Publications 50.00 50.00 ‐ 20‐5280‐50‐00 Printing and Reproduction 8,200.00 8,200.00 662.18 212.91 8.08 20‐5290‐50‐00 Miscellaneous Expense 296.20 ‐ 20‐5310‐50‐00 Rental Expense 5,000.00 5,000.00 184.13 3.68 20‐5320‐50‐00 Repairs & Maintenance 3,500.00 3,500.00 704.58 20.13 20‐5340‐50‐00 Building Repairs 3,900.00 3,900.00 1,146.74 695.00 29.40 20‐5350‐50‐00 Vehicle Expense 25,000.00 25,000.00 15,599.28 2,223.20 62.40 20‐5352‐50‐00 Fuel 36,500.00 36,500.00 13,429.22 3,618.20 36.79 20‐5353‐50‐00 Oil/Grease/Inspections 2,400.00 2,400.00 554.36 23.10 20‐5400‐50‐00 Uniform Expense 11,100.00 11,100.00 7,303.08 1,641.21 65.79 20‐5410‐50‐00 Professional Services 5,000.00 5,000.00 ‐ 20‐5412‐50‐00 Audit Fees 1,000.00 1,000.00 ‐ 20‐5416‐50‐00 Engineering Fees 7,000.00 7,000.00 ‐ 20‐5418‐50‐00 IT Fees 23,000.00 23,000.00 9,661.25 1,000.00 42.01 20‐5419‐50‐00 IT Licenses 1,200.00 1,200.00 328.20 27.35 31 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 20‐5430‐50‐00 Legal Fees 2,000.00 2,000.00 38.00 1.90 20‐5435‐50‐00 Legal Notices/Filings 1,000.00 1,000.00 ‐ 20‐5475‐50‐00 Credit Card Fees 16,000.00 16,000.00 14,972.43 1,973.80 93.58 20‐5480‐50‐00 Contracted Services 94,800.00 94,800.00 10,636.65 11.22 20‐5520‐50‐00 Telephones 6,300.00 9,320.00 15,620.00 5,551.86 1,128.60 35.54 20‐5521‐50‐00 Cell Phone Expense 9,320.00 (9,320.00) ‐ 20‐5524‐50‐00 Gas‐Building 2,500.00 2,500.00 2,589.07 573.52 103.56 20‐5525‐50‐00 Electricity 200,000.00 200,000.00 67,279.76 8,450.47 33.64 20‐5526‐50‐00 Data Network 6,800.00 6,800.00 1,669.82 24.56 20‐5530‐50‐00 Travel/Lodging/Meals Expense 1,000.00 1,000.00 489.60 48.96 20‐5533‐50‐00 Mileage Expense 2,700.00 2,700.00 331.98 12.30 20‐5536‐50‐00 Training/Seminars 7,200.00 7,200.00 3,471.70 2,917.00 48.22 20‐5540‐50‐00 Water Testing 3,000.00 3,000.00 8.49 0.28 20‐5545‐50‐00 Meter Purchases 220,500.00 220,500.00 79,560.28 17,092.77 36.08 20‐5550‐50‐00 Water Purchases 1,902,100.00 1,902,100.00 1,011,111.37 147,712.80 53.16 20‐5620‐50‐00 Tools & Equipment 16,000.00 16,000.00 3,132.70 265.02 19.58 20‐5630‐50‐00 Safety Equipment 11,200.00 11,200.00 2,012.79 590.66 17.97 20‐5640‐50‐00 Signs & Hardware 1,300.00 1,300.00 97.13 7.47 20‐5650‐50‐00 Maintenance Materials 12,000.00 12,000.00 5,653.47 47.11 20‐5660‐50‐00 Chemical Supplies 1,000.00 1,000.00 ‐ 20‐5670‐50‐00 System Improvements/Repairs 76,650.00 76,650.00 32,524.02 6,071.87 42.43 20‐6110‐50‐00 Capital Expenditure 215,600.00 215,600.00 ‐ 20‐6140‐50‐00 Capital Expenditure ‐ Equipmen 95,000.00 95,000.00 94,675.00 99.66 20‐6160‐50‐00 Capital Expenditure ‐ Vehicles 22,000.00 22,000.00 19,678.08 19,678.08 89.45 20‐6186‐50‐00 2013 Bond Payment 386,928.00 386,928.00 106,277.78 27.47 20‐6192‐50‐00 2011 Refd Bond Pmt 278,084.00 278,084.00 269,963.37 97.08 20‐6193‐50‐00 2012 CO Bond Payment 243,200.00 243,200.00 159,475.00 65.57 20‐6197‐50‐00 2004 CO Bond Payment 538,408.00 538,408.00 98,703.99 18.33 20‐6198‐50‐00 2006 CO Bond Payment 492,952.00 492,952.00 103,476.10 20.99 20‐6199‐50‐00 2008 CO Bond Payment 119,813.00 119,813.00 85,980.00 71.76 20‐6200‐50‐00 Bond Administrative Fees 3,000.00 3,000.00 ‐ 20‐7143‐50‐00 Transfer to Internal Serv. Fd 2,160.00 2,160.00 1,260.00 180.00 58.33 20‐7147‐50‐00 Transfer to GF 494,610.00 494,610.00 288,522.50 41,217.50 58.33 20‐8200‐50‐00 Bond Issuance Costs 187,342.29 187,342.29 ‐ Subtotal object ‐ 0 6,436,590.00 6,436,590.00 3,116,723.61 505,911.00 48.42 Program number: 6,436,590.00 6,436,590.00 3,116,723.61 505,911.00 48.42 Department number: 50 Water 6,436,590.00 6,436,590.00 3,116,723.61 505,911.00 48.42 20‐5110‐55‐00 Salaries & Wages 162,724.00 162,724.00 61,663.80 8,967.90 37.90 20‐5115‐55‐00 Salaries ‐ Overtime 10,000.00 10,000.00 3,666.14 404.99 36.66 20‐5140‐55‐00 Salaries ‐ Longevity Pay 950.00 950.00 645.00 67.90 20‐5145‐55‐00 Social Security Expense 7,604.00 7,604.00 3,839.72 543.28 50.50 32 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 20‐5150‐55‐00 Medicare Expense 2,788.00 2,788.00 898.00 127.06 32.21 20‐5155‐55‐00 SUTA Expense 123.00 123.00 (74.20) (15.88) (60.33) 20‐5160‐55‐00 Health Insurance 21,600.00 21,600.00 7,091.49 1,074.34 32.83 20‐5165‐55‐00 Dental Insurance 1,440.00 1,440.00 467.11 72.42 32.44 20‐5170‐55‐00 Life Insurance/AD&D 337.00 337.00 152.48 23.64 45.25 20‐5175‐55‐00 Liability (TML) Workers' Comp 204.00 204.00 5,568.06 ####### 20‐5180‐55‐00 TMRS Expense 18,235.00 18,235.00 7,063.83 1,014.17 38.74 20‐5185‐55‐00 Long Term/Short Term Disabilit 281.00 281.00 168.18 21.91 59.85 20‐5186‐55‐00 WELLE‐Wellness Prog Reimb‐Empl 1,680.00 1,680.00 451.50 70.00 26.88 20‐5191‐55‐00 Hiring Cost 200.00 200.00 ‐ 20‐5210‐55‐00 Office Supplies 800.00 800.00 503.03 61.45 62.88 20‐5212‐55‐00 Building Supplies 600.00 600.00 148.26 24.71 20‐5220‐55‐00 Office Equipment 1,200.00 1,200.00 ‐ 20‐5230‐55‐00 Dues,Fees,& Subscriptions 2,222.00 2,222.00 ‐ 20‐5240‐55‐00 Postage and Delivery 1,200.00 1,200.00 ‐ 20‐5250‐55‐00 Publications 100.00 100.00 ‐ 20‐5260‐55‐00 Advertising 600.00 600.00 ‐ 20‐5280‐55‐00 Printing and Reproduction 1,000.00 1,000.00 ‐ 20‐5310‐55‐00 Rental Expense 8,000.00 8,000.00 ‐ 20‐5320‐55‐00 Repairs & Maintenance 400.00 400.00 ‐ 20‐5335‐55‐00 Radio/Video Repairs 7,000.00 7,000.00 425.00 6.07 20‐5340‐55‐00 Building Repairs 2,000.00 2,000.00 ‐ 20‐5350‐55‐00 Vehicle Expense 6,000.00 6,000.00 5,942.91 1,407.15 99.05 20‐5352‐55‐00 Fuel 18,000.00 18,000.00 2,122.43 511.98 11.79 20‐5353‐55‐00 Oil/Grease/Inspections 1,500.00 1,500.00 39.75 39.75 2.65 20‐5400‐55‐00 Uniform Expense 8,600.00 8,600.00 1,600.80 365.20 18.61 20‐5410‐55‐00 Professional Services 5,310.00 ‐ 20‐5412‐55‐00 Audit Fees 400.00 400.00 ‐ 20‐5416‐55‐00 Engineering Fees 1,500.00 1,500.00 ‐ 20‐5418‐55‐00 IT Fees 3,700.00 3,700.00 ‐ 20‐5430‐55‐00 Legal Fees 500.00 500.00 ‐ 20‐5480‐55‐00 Contracted Services 50,000.00 50,000.00 ‐ 20‐5520‐55‐00 Telephones 1,000.00 4,560.00 5,560.00 1,055.51 132.77 18.98 20‐5521‐55‐00 Cell Phone Expense 4,560.00 (4,560.00) ‐ 20‐5524‐55‐00 Gas ‐ Building 8.00 8.00 875.81 ####### 20‐5525‐55‐00 Electricity 49,300.00 49,300.00 21,789.30 1,424.47 44.20 20‐5530‐55‐00 Travel/Lodging/Meals Expense 600.00 600.00 ‐ 20‐5533‐55‐00 Mileage Expense 500.00 500.00 ‐ 20‐5536‐55‐00 Training/Seminars 4,600.00 4,600.00 265.00 265.00 5.76 20‐5540‐55‐00 Water Testing 500.00 500.00 ‐ 20‐5560‐55‐00 Sewer Management Fees 1,111,300.00 1,111,300.00 698,898.61 86,218.42 62.89 33 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 20‐5620‐55‐00 Tools & Equipment 7,400.00 7,400.00 1,111.46 15.02 20‐5630‐55‐00 Safety Equipment 11,100.00 11,100.00 845.99 7.62 20‐5640‐55‐00 Signs & Hardware 1,000.00 1,000.00 2.06 0.21 20‐5650‐55‐00 Maintenance Materials 8,000.00 8,000.00 339.69 14.35 4.25 20‐5660‐55‐00 Chemical Supplies 2,000.00 2,000.00 ‐ 20‐5670‐55‐00 System Improvements/Repairs 28,000.00 28,000.00 4,175.05 700.00 14.91 20‐5680‐55‐00 Lift Station Expense 30,000.00 30,000.00 13,314.04 44.38 20‐6140‐55‐00 Capital Expenditure ‐ Equipmt 26,000.00 26,000.00 (14,637.35) ‐ 20‐6160‐55‐00 Capital Expenditure ‐ Vehicles 25,000.00 25,000.00 25,574.18 120.00 102.30 20‐7147‐55‐00 Transfer to GF 214,350.00 214,350.00 125,037.50 17,862.50 58.33 Subtotal object ‐ 0 1,868,706.00 1,868,706.00 1,000,977.49 106,789.52 53.57 Program number: 1,868,706.00 1,868,706.00 1,000,977.49 106,789.52 53.57 Department number: 55 Sewer 1,868,706.00 1,868,706.00 1,000,977.49 106,789.52 53.57 20‐5110‐57‐00 Salaries & Wages 81,903.00 81,903.00 47,995.85 6,692.23 58.60 20‐5115‐57‐00 Salaries ‐ Overtime 5,000.00 5,000.00 1,428.35 377.11 28.57 20‐5140‐57‐00 Salaries ‐ Longevity Pay 849.00 849.00 415.00 48.88 20‐5141‐57‐00 Salary‐Incentive 800.00 800.00 1,000.00 125.00 20‐5145‐57‐00 Social Security Expense 5,490.00 5,490.00 2,988.75 400.56 54.44 20‐5150‐57‐00 Medicare Expense 1,284.00 1,284.00 698.98 93.68 54.44 20‐5155‐57‐00 SUTA Expense 89.00 89.00 257.94 36.29 289.82 20‐5160‐57‐00 Health Insurance 10,904.00 10,904.00 5,208.72 966.97 47.77 20‐5165‐57‐00 Dental Insurance 727.00 727.00 320.12 56.99 44.03 20‐5170‐57‐00 AD&D/Life Insurance 183.00 183.00 103.95 18.06 56.80 20‐5175‐57‐00 Liability (TML) Workers' Comp 112.00 112.00 227.01 202.69 20‐5180‐57‐00 TMRS Expense 7,886.00 7,886.00 4,842.98 766.77 61.41 20‐5185‐57‐00 Long Term/Short Term Disabilit 152.00 152.00 106.79 15.43 70.26 20‐5186‐57‐00 WELLE‐Wellness Prog Reimb‐Empl 840.00 840.00 365.75 70.00 43.54 20‐5190‐57‐00 Contract Labor 50.00 50.00 ‐ 20‐5191‐57‐00 Hiring Cost 40.00 40.00 ‐ 20‐5210‐57‐00 Office Supplies 1,500.00 1,500.00 1,085.67 234.69 72.38 20‐5212‐57‐00 Building Supplies 500.00 500.00 268.79 112.06 53.76 20‐5230‐57‐00 Dues,Fees,& Subscriptions 200.00 200.00 103.89 51.95 20‐5240‐57‐00 Postage and Delivery 21,000.00 21,000.00 11,520.84 2,000.77 54.86 20‐5280‐57‐00 Printing and Reproduction 1,000.00 1,000.00 500.00 50.00 20‐5400‐57‐00 Uniform Expense 150.00 150.00 ‐ 20‐5418‐57‐00 IT Fees 8,000.00 8,000.00 112.50 1.41 20‐5419‐57‐00 IT Licenses 10,000.00 10,000.00 ‐ 20‐5470‐57‐00 Trash Collection 718,000.00 718,000.00 407,901.27 69,128.71 56.81 20‐5479‐57‐00 Household Haz. Waste Disposal 2,500.00 2,500.00 1,750.00 800.00 70.00 20‐5480‐57‐00 Contracted Services 8,983.00 8,983.00 3,100.62 539.97 34.52 20‐5481‐57‐00 Cash Short/Over 1.99 ‐ 34 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 20‐5520‐57‐00 Telephones 800.00 800.00 372.90 46.61 20‐5530‐57‐00 Travel/Lodging/Meals Expense 300.00 300.00 ‐ 20‐5533‐57‐00 Mileage Expense 1,500.00 1,500.00 ‐ 20‐5536‐57‐00 Training/Seminars 1,100.00 1,100.00 ‐ 20‐7147‐57‐00 Transfer to GF 80,200.00 80,200.00 46,783.31 6,683.33 58.33 Subtotal object ‐ 0 972,042.00 972,042.00 539,461.97 88,993.62 55.50 Program number: 972,042.00 972,042.00 539,461.97 88,993.62 55.50 Department number: 57 Utility Billing Department 972,042.00 972,042.00 539,461.97 88,993.62 55.50 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 9,277,338.00 3,000,000.00 12,277,338.00 7,657,163.07 3,701,694.14 62.37 Fund number: 20 Water/Sewer 301,888.00 3,000,000.00 3,301,888.00 2,983,615.14 3,053,368.24 90.36 30‐8100‐00‐00 OFS: Proceeds fm bond issuance (6,175,000.00) (6,175,000.00) ‐ 30‐8101‐00‐00 OFS: Proceeds fm bond premium (764,610.30) (764,610.30) ‐ Subtotal object ‐ 0 (6,939,610.30) (6,939,610.30) ‐ Program number: (6,939,610.30) (6,939,610.30) ‐ Department number: Non departmental (6,939,610.30) (6,939,610.30) ‐ 30‐4105‐10‐00 Property Taxes ‐Delinquent (30,000.00) (30,000.00) (72,192.48) (606.93) 240.64 30‐4110‐10‐00 Property Taxes ‐Current (2,763,240.00) (2,763,240.00) (2,997,524.84) (12,379.24) 108.48 30‐4115‐10‐00 Taxes ‐Penalties (18,000.00) (18,000.00) (21,160.98) (1,052.13) 117.56 30‐4610‐10‐00 Interest Income (12,000.00) (12,000.00) (10,449.49) (2,512.12) 87.08 Subtotal object ‐ 0 (2,823,240.00) (2,823,240.00) (3,101,327.79) (16,550.42) 109.85 Program number: (2,823,240.00) (2,823,240.00) (3,101,327.79) (16,550.42) 109.85 Department number: 10 Administrative (2,823,240.00) (2,823,240.00) (3,101,327.79) (16,550.42) 109.85 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (2,823,240.00) (2,823,240.00) (10,040,938.09) (6,956,160.72) 355.65 30‐8200‐00‐00 OFU: Pmt to bond escrow agent 7,520,684.44 7,520,684.44 ‐ Subtotal object ‐ 0 7,520,684.44 7,520,684.44 ‐ Program number: 7,520,684.44 7,520,684.44 ‐ Department number: Non departmental 7,520,684.44 7,520,684.44 ‐ 30‐6186‐10‐00 2013 GO Ref Bond 282,672.22 282,672.22 77,722.23 27.50 30‐6191‐10‐00 2010 Tax Note Payment 365,166.25 365,166.25 356,247.50 97.56 30‐6192‐10‐00 2011 Ref Bond Pmt 177,791.00 177,791.00 172,599.13 97.08 30‐6193‐10‐00 2012 GO Bond Payment 112,412.50 112,412.50 56,206.25 50.00 30‐6197‐10‐00 2004 CO Bond Payment 329,992.00 329,992.00 60,496.00 18.33 30‐6198‐10‐00 2006 Bond Payment 455,033.00 455,033.00 95,516.41 20.99 30‐6199‐10‐00 2008 CO Bond Payment 1,078,313.00 1,078,313.00 773,820.00 71.76 30‐6200‐10‐00 Bond Administrative Fees 20,000.00 20,000.00 88,929.34 125,506.86 444.65 Subtotal object ‐ 0 2,821,379.97 2,821,379.97 1,681,536.86 125,506.86 59.60 Program number: 2,821,379.97 2,821,379.97 1,681,536.86 125,506.86 59.60 Department number: 10 Administrative 2,821,379.97 2,821,379.97 1,681,536.86 125,506.86 59.60 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 2,821,379.97 2,821,379.97 9,202,221.30 7,646,191.30 326.16 Fund number: 30 Interest and Sinking (1,860.03) (1,860.03) (838,716.79) 690,030.58 ####### 40‐4100‐10‐00 Charges for Services (30,000.00) (30,000.00) (17,055.00) (2,475.00) 56.85 35 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 40‐4610‐10‐00 Interest Income (500.00) (500.00) (349.00) (40.41) 69.80 40‐4995‐10‐00 Transfer In (19,160.00) (19,160.00) (1,260.00) 8,320.02 6.58 Subtotal object ‐ 0 (49,660.00) (49,660.00) (18,664.00) 5,804.61 37.58 Program number: (49,660.00) (49,660.00) (18,664.00) 5,804.61 37.58 Department number: 10 General Fund (49,660.00) (49,660.00) (18,664.00) 5,804.61 37.58 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (49,660.00) (49,660.00) (18,664.00) 5,804.61 37.58 40‐5160‐10‐00 MERP H & D Expense ‐ GF 49,000.00 49,000.00 23,588.88 2,800.00 48.14 Subtotal object ‐ 0 49,000.00 49,000.00 23,588.88 2,800.00 48.14 Program number: 49,000.00 49,000.00 23,588.88 2,800.00 48.14 Department number: 10 General Fund 49,000.00 49,000.00 23,588.88 2,800.00 48.14 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 49,000.00 49,000.00 23,588.88 2,800.00 48.14 Fund number: 40 Internal Service Fund (660.00) (660.00) 4,924.88 8,604.61 ####### 45‐4001‐10‐00 Storm Drainage Utility Fee (228,800.00) (228,800.00) (141,462.55) (20,627.08) 61.83 45‐4610‐10‐00 Interest Storm Utility (1,600.00) (1,600.00) (953.90) (109.31) 59.62 Subtotal object ‐ 0 (230,400.00) (230,400.00) (142,416.45) (20,736.39) 61.81 Program number: (230,400.00) (230,400.00) (142,416.45) (20,736.39) 61.81 Department number: 10 Administration (230,400.00) (230,400.00) (142,416.45) (20,736.39) 61.81 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (230,400.00) (230,400.00) (142,416.45) (20,736.39) 61.81 45‐5110‐10‐00 Salaries 28,514.00 28,514.00 15,096.48 2,193.60 52.94 45‐5115‐10‐00 Salaries‐Overtime 2,000.00 2,000.00 1,398.25 229.54 69.91 45‐5140‐10‐00 Salaries‐Longevity Pay 195.00 195.00 ‐ 45‐5145‐10‐00 Social Security Expense 1,904.00 1,904.00 1,024.06 150.46 53.79 45‐5150‐10‐00 Medicare Expense 445.00 445.00 239.50 35.19 53.82 45‐5155‐10‐00 SUTA Expense 31.00 31.00 216.00 38.04 696.77 45‐5160‐10‐00 Health Insurance 5,400.00 5,400.00 2,080.52 305.12 38.53 45‐5165‐10‐00 Dental Expense 360.00 360.00 ‐ 45‐5170‐10‐00 Life Ins/AD&D 64.00 64.00 50.83 7.88 79.42 45‐5175‐10‐00 Liability (TML) Workers Comp 39.00 39.00 1,447.69 ####### 45‐5180‐10‐00 TMRS Expense 3,224.00 3,224.00 1,779.14 264.00 55.18 45‐5185‐10‐00 Long Term/Short Term Disabilit 53.00 53.00 16.77 5.59 31.64 45‐5186‐10‐00 WELLE‐Wellness Prog Reimb Empl 420.00 420.00 225.75 35.00 53.75 45‐5191‐10‐00 Hiring Cost 40.00 40.00 ‐ 45‐5210‐10‐00 Office Supplies 400.00 400.00 ‐ 45‐5250‐10‐00 Publications 37.00 37.00 ‐ 45‐5310‐10‐00 Rental Expense 7,800.00 7,800.00 ‐ 45‐5320‐10‐00 Repairs & Maiantenance 800.00 800.00 ‐ 45‐5340‐10‐00 Building Repairs 500.00 500.00 ‐ 45‐5350‐10‐00 Vehicle Expense 1,500.00 1,500.00 ‐ 45‐5352‐10‐00 Fuel 2,000.00 2,000.00 834.04 198.09 41.70 45‐5353‐10‐00 Oil/Grease/Inspections 400.00 400.00 ‐ 45‐5400‐10‐00 Uniforms 1,700.00 1,700.00 540.88 74.90 31.82 36 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 45‐5410‐10‐00 Professional Services‐Storm Dr 5,000.00 5,000.00 29,300.00 586.00 45‐5480‐10‐00 Contract Services 38,000.00 38,000.00 13,674.00 35.98 45‐5520‐10‐00 Telephones 300.00 350.00 650.00 241.93 68.88 37.22 45‐5521‐10‐00 Cell Phone Expense 350.00 (350.00) ‐ 45‐5530‐10‐00 Travel/Lodging/Meals Expense 200.00 200.00 ‐ 45‐5536‐10‐00 Training/Seminars 800.00 800.00 ‐ 45‐5620‐10‐00 Tools & Equipment 2,000.00 2,000.00 ‐ 45‐5630‐10‐00 Safety Equipment 1,500.00 1,500.00 170.99 11.40 45‐5640‐10‐00 Signs & Hardware 600.00 600.00 ‐ 45‐5650‐10‐00 Maintenance Materials 4,000.00 4,000.00 982.29 24.56 45‐6140‐10‐00 Capital Expense‐Equipment 163,726.00 163,726.00 14,637.35 14,637.35 8.94 45‐6193‐10‐00 2012 CO Bond Payment 106,918.00 106,918.00 ‐ 45‐7143‐10‐00 Transfer to Internal Serv. Fd 240.00 240.00 ‐ 45‐7147‐10‐00 Transfer to GF 12,540.00 12,540.00 7,315.00 1,045.00 58.33 Subtotal object ‐ 0 394,000.00 394,000.00 91,271.47 19,288.64 23.17 Program number: 394,000.00 394,000.00 91,271.47 19,288.64 23.17 Department number: 10 Administration 394,000.00 394,000.00 91,271.47 19,288.64 23.17 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 394,000.00 394,000.00 91,271.47 19,288.64 23.17 Fund number: 45 Storm Drainage Utility Fund 163,600.00 163,600.00 (51,144.98) (1,447.75) (31.26) 60‐4045‐60‐00 Park Dedication‐Fees (100,000.00) (100,000.00) (166,678.25) 166.68 60‐4055‐60‐00 Park Improvement (200,000.00) (200,000.00) (237,000.00) 118.50 60‐4530‐60‐00 Contributions (17,500.00) ‐ 60‐4615‐60‐00 Interest‐Park Dedication (1,200.00) (1,200.00) (1,164.42) (174.42) 97.04 60‐4620‐60‐00 Interest‐Park Improvements (350.00) (350.00) (421.69) (58.09) 120.48 Subtotal object ‐ 0 (301,550.00) (301,550.00) (422,764.36) (232.51) 140.20 Program number: (301,550.00) (301,550.00) (422,764.36) (232.51) 140.20 Department number: 60 Parks and Recreation (301,550.00) (301,550.00) (422,764.36) (232.51) 140.20 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (301,550.00) (301,550.00) (422,764.36) (232.51) 140.20 60‐5290‐60‐00 Miscellaneous Expense 42,489.36 10.00 ‐ 60‐5410‐60‐00 Professional Services‐Pk Ded 16,802.25 ‐ 60‐5411‐60‐00 Professional Services‐Pk Imp 20,000.00 4,375.00 24,375.00 21,912.00 13,912.00 89.90 60‐6120‐60‐00 Capital Exp‐Pk Improvements 30,000.00 30,000.00 8,500.00 28.33 60‐6140‐60‐00 Capital Exp‐Pk Dedication 650,000.00 (4,375.00) 645,625.00 ‐ Subtotal object ‐ 0 700,000.00 700,000.00 89,703.61 13,922.00 12.82 Program number: 700,000.00 700,000.00 89,703.61 13,922.00 12.82 Department number: 60 Parks and Recreation 700,000.00 700,000.00 89,703.61 13,922.00 12.82 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 700,000.00 700,000.00 89,703.61 13,922.00 12.82 Fund number: 60 Parks & Recreation Fund 398,450.00 398,450.00 (333,060.75) 13,689.49 (83.59) 65‐4015‐99‐00 Impact Fees ‐Water (800,000.00) (800,000.00) (886,106.00) (106,937.00) 110.76 65‐4020‐99‐00 Impact Fees ‐Sewer (700,000.00) (700,000.00) (234,592.25) (19,579.00) 33.51 65‐4040‐99‐00 Thoroughfare Impact Fees (1,100,000.00) (1,100,000.00) (782,176.75) (58,065.00) 71.11 37 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 65‐4041‐99‐00 West Thorfare Imp. Fees Rev (149,763.00) (14,908.00) ‐ 65‐4615‐99‐00 Interest‐Water Impact Fee (4,000.00) (4,000.00) (2,614.44) (407.07) 65.36 65‐4620‐99‐00 Interest‐Sewer Impact Fee (4,000.00) (4,000.00) (1,205.28) (190.89) 30.13 65‐4640‐99‐00 Interest‐Thorfare Imp Fee (12,000.00) (12,000.00) (2,444.82) (398.62) 20.37 65‐4641‐99‐00 Interest‐West Thorfare imp fee (893.91) (138.54) ‐ Subtotal object ‐ 0 (2,620,000.00) (2,620,000.00) (2,059,796.45) (200,624.12) 78.62 Program number: (2,620,000.00) (2,620,000.00) (2,059,796.45) (200,624.12) 78.62 Department number: 99 Impact Fees (2,620,000.00) (2,620,000.00) (2,059,796.45) (200,624.12) 78.62 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (2,620,000.00) (2,620,000.00) (2,059,796.45) (200,624.12) 78.62 65‐5415‐99‐00 Professional Serv‐Water Imp Fe 1,220,000.00 1,220,000.00 88,429.95 10,401.50 7.25 65‐5420‐99‐00 Professional Serv‐Sewer Imp Fe 255,000.00 255,000.00 ‐ 65‐5440‐99‐00 Professional Serv‐Thorfare Imp 60,000.00 60,000.00 ‐ 65‐6115‐99‐00 Capital Expenditure‐Water 477,643.25 ‐ 65‐6140‐99‐00 Capital Expenditure‐Thorofare 278,794.00 ‐ 65‐7144‐99‐00 Transfer to Capital Proj Fund 300,000.00 300,000.00 ‐ Subtotal object ‐ 0 1,835,000.00 1,835,000.00 844,867.20 10,401.50 46.04 Program number: 1,835,000.00 1,835,000.00 844,867.20 10,401.50 46.04 Department number: 99 Impact Fees 1,835,000.00 1,835,000.00 844,867.20 10,401.50 46.04 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 1,835,000.00 1,835,000.00 844,867.20 10,401.50 46.04 Fund number: 65 Impact Fees (785,000.00) (785,000.00) (1,214,929.25) (190,222.62) 154.77 67‐4530‐10‐00 Police Donation Inc (16,000.00) (16,000.00) (11,484.00) (773.00) 71.78 67‐4531‐10‐00 Fire Dept‐Donation Inc (12,000.00) (12,000.00) (6,661.00) (788.00) 55.51 67‐4532‐10‐00 Safety Fair Donations (2,000.00) (2,000.00) ‐ 67‐4535‐10‐00 Child Safety Inc (9,000.00) (9,000.00) (5,863.07) 65.15 67‐4536‐10‐00 Court Security Revenue (2,900.00) (2,900.00) (2,924.27) (460.68) 100.84 67‐4537‐10‐00 Technology Fd Revenue (4,000.00) (4,000.00) (3,888.97) (602.24) 97.22 67‐4550‐10‐00 Special Revenue ‐ Other (1,550.95) ‐ 67‐4610‐10‐00 Interest Income (2,524.02) (310.61) ‐ 67‐4721‐10‐00 Country Xmas Donations (10,000.00) (10,000.00) (17,951.00) 179.51 67‐4761‐10‐00 Tree Mitigation Revenue (14,175.00) ‐ 67‐4915‐10‐00 Escrow Income (70,102.68) ‐ 67‐4916‐10‐00 Cash Seizure Forfeit‐PD (500.00) (500.00) (3,250.00) 650.00 Subtotal object ‐ 0 (56,400.00) (56,400.00) (140,374.96) (2,934.53) 248.89 Program number: (56,400.00) (56,400.00) (140,374.96) (2,934.53) 248.89 Department number: 10 Administrative (56,400.00) (56,400.00) (140,374.96) (2,934.53) 248.89 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (56,400.00) (56,400.00) (140,374.96) (2,934.53) 248.89 67‐5202‐10‐00 Country Xmas Expense 10,000.00 10,000.00 10,001.30 100.01 67‐5203‐10‐00 Court Technology Expense 12,200.00 12,200.00 15,261.33 11,690.00 125.09 67‐5204‐10‐00 Court Security Expense 2,500.00 2,500.00 476.00 68.00 19.04 67‐5205‐10‐00 Police Donation Exp 8,000.00 8,000.00 4,000.00 50.00 67‐5206‐10‐00 Fire Dept Donation Exp 8,000.00 8,000.00 3,348.12 973.13 41.85 38 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 67‐5207‐10‐00 Health & Safety Fair Exp 1,500.00 1,500.00 ‐ 67‐5208‐10‐00 Child Safety Expense 1,000.00 1,000.00 617.00 61.70 67‐5209‐10‐00 Escrow Expense 15,500.00 15,500.00 182,024.45 ####### 67‐5216‐10‐00 Volunteer Per Diem Expense 480.00 50.00 ‐ 67‐5291‐10‐00 Special Operations 500.00 500.00 ‐ 67‐5292‐10‐00 PD Seizure Expense 200.00 ‐ Subtotal object ‐ 0 59,200.00 59,200.00 216,408.20 12,781.13 365.55 Program number: 59,200.00 59,200.00 216,408.20 12,781.13 365.55 Department number: 10 Administrative 59,200.00 59,200.00 216,408.20 12,781.13 365.55 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 59,200.00 59,200.00 216,408.20 12,781.13 365.55 Fund number: 67 Special Revenue‐Donations 2,800.00 2,800.00 76,033.24 9,846.60 ####### 73‐5160‐10‐00 Health Insurance 21.32 ‐ Subtotal object ‐ 0 21.32 ‐ Program number: 21.32 ‐ Department number: 10 Administration 21.32 ‐ Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 21.32 ‐ Fund number: 73 Empl'ee Health Trust Fund 21.32 ‐ 75‐4530‐10‐00 Contributions (105,000.00) ‐ 75‐4611‐10‐00 Interest‐2004 Bond (1,000.00) (1,000.00) (1,172.11) (165.87) 117.21 75‐4612‐10‐00 Interest‐2006 Bond (1,000.00) (1,000.00) (180.72) (26.08) 18.07 75‐4613‐10‐00 Interest 2008 Bond (1,000.00) (1,000.00) (9,372.09) (1,112.44) 937.21 75‐4615‐10‐00 Interest‐2011 Refd Bond (70.00) (70.00) ‐ 75‐4616‐10‐00 Interest 2012 GO Bond (5,000.00) (5,000.00) (6,315.83) (883.04) 126.32 75‐4999‐10‐00 Bond Proceeds (1,965,000.00) (1,965,000.00) (1,000,000.00) (1,000,000.00) 50.89 Subtotal object ‐ 0 (1,973,070.00) (1,973,070.00) (1,122,040.75) (1,002,187.43) 56.87 Program number: (1,973,070.00) (1,973,070.00) (1,122,040.75) (1,002,187.43) 56.87 Department number: 10 Capital Projects (1,973,070.00) (1,973,070.00) (1,122,040.75) (1,002,187.43) 56.87 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (1,973,070.00) (1,973,070.00) (1,122,040.75) (1,002,187.43) 56.87 75‐5110‐10‐00 Salaries & Wages 92,820.00 92,820.00 47,224.16 6,793.60 50.88 75‐5140‐10‐00 Salaries ‐ Longevity 459.00 459.00 ‐ 75‐5141‐10‐00 Salary ‐ Incentive 300.00 300.00 ‐ 75‐5145‐10‐00 Social Security Expense 5,802.00 5,802.00 2,828.01 404.56 48.74 75‐5150‐10‐00 Medicare Expense 1,357.00 1,357.00 661.38 94.61 48.74 75‐5155‐10‐00 SUTA Expense 93.00 93.00 (45.00) (262.02) (48.39) 75‐5160‐10‐00 Health Insurance 5,400.00 5,400.00 3,120.48 567.36 57.79 75‐5165‐10‐00 Dental Insurance 360.00 360.00 144.84 24.14 40.23 75‐5170‐10‐00 Life Insurance/AD&D 114.00 114.00 50.83 7.88 44.59 75‐5175‐10‐00 Liability (TML) Workers' Comp 118.00 118.00 145.67 123.45 75‐5180‐10‐00 TMRS Expense 9,826.00 9,826.00 5,023.75 729.63 51.13 75‐5185‐10‐00 Long Term/Short Term Disabilit 173.00 173.00 ‐ 75‐5186‐10‐00 WELLE‐Wellness Prog Reimb‐Empl 420.00 420.00 ‐ 39 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 75‐5212‐10‐00 Building Supplies 42.15 42.15 ‐ 75‐5412‐10‐00 Professional Serv‐2006 Bond 13,177.50 ‐ 75‐5419‐10‐00 Professional Services 10,090.00 1,000.00 ‐ 75‐5520‐10‐00 Telephone Expense 682.72 410.27 ‐ 75‐5533‐10‐00 Mileage Expense 2,672.20 ‐ 75‐6112‐10‐00 Capital Expenditures‐2006 Bond 3,411.25 ‐ 75‐6113‐10‐00 Capital Expenditure 2008 Bond 2,022,218.20 254,982.71 ‐ 75‐6116‐10‐00 Capital Expenditure ‐ WS Prjts 1,100.00 ‐ 75‐6610‐10‐00 Construction 4,662,758.00 4,662,758.00 ‐ Subtotal object ‐ 0 4,780,000.00 4,780,000.00 2,112,548.14 264,794.89 44.20 Program number: 4,780,000.00 4,780,000.00 2,112,548.14 264,794.89 44.20 Department number: 10 Capital Projects 4,780,000.00 4,780,000.00 2,112,548.14 264,794.89 44.20 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 4,780,000.00 4,780,000.00 2,112,548.14 264,794.89 44.20 Fund number: 75 Capital Projects 2,806,930.00 2,806,930.00 990,507.39 (737,392.54) 35.29 76‐4610‐10‐00 Interest Income (50,000.00) (50,000.00) (21,547.92) (2,946.63) 43.10 76‐4996‐10‐00 Transfers In (3,000,000.00) (3,000,000.00) (3,000,000.00) (3,000,000.00) 100.00 76‐4999‐10‐00 Bond Proceeds (1,000,000.00) (12,570,000.00) (13,570,000.00) (12,570,000.00) (12,570,000.00) 92.63 Subtotal object ‐ 0 (1,050,000.00) (15,570,000.00) (16,620,000.00) (15,591,547.92) (15,572,946.63) 93.81 Program number: (1,050,000.00) (15,570,000.00) (16,620,000.00) (15,591,547.92) (15,572,946.63) 93.81 Department number: 10 Capital Projects‐W/S (1,050,000.00) (15,570,000.00) (16,620,000.00) (15,591,547.92) (15,572,946.63) 93.81 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (1,050,000.00) (15,570,000.00) (16,620,000.00) (15,591,547.92) (15,572,946.63) 93.81 76‐5419‐10‐00 Professional Services 15,570,000.00 15,570,000.00 15,578,922.00 15,578,922.00 100.06 76‐6610‐10‐00 Construction 1,000,000.00 1,000,000.00 ‐ 76‐6610‐10‐00‐1202‐WA Construction 156,150.82 ‐ 76‐6610‐10‐00‐1203‐SW Construction 3,327.30 ‐ 76‐6610‐10‐00‐1203‐WA Construction 5,428.75 ‐ Subtotal object ‐ 0 1,000,000.00 15,570,000.00 16,570,000.00 15,743,828.87 15,578,922.00 95.01 Program number: 1,000,000.00 15,570,000.00 16,570,000.00 15,743,828.87 15,578,922.00 95.01 Department number: 10 Capital Projects‐W/S 1,000,000.00 15,570,000.00 16,570,000.00 15,743,828.87 15,578,922.00 95.01 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 1,000,000.00 15,570,000.00 16,570,000.00 15,743,828.87 15,578,922.00 95.01 Fund number: 76 Capital Projects ‐ Water/Sewer (50,000.00) (50,000.00) 152,280.95 5,975.37 ####### 80‐4120‐65‐00 Sales Taxes ‐ EDC (675,000.00) (675,000.00) (488,216.44) (70,273.23) 72.33 80‐4610‐65‐00 Interest Income (12,000.00) (12,000.00) (12,515.27) (1,665.49) 104.29 80‐4910‐65‐00 Other Revenue (4,544.57) (2.25) ‐ Subtotal object ‐ 0 (687,000.00) (687,000.00) (505,276.28) (71,940.97) 73.55 Program number: (687,000.00) (687,000.00) (505,276.28) (71,940.97) 73.55 Department number: 65 Economic Development (687,000.00) (687,000.00) (505,276.28) (71,940.97) 73.55 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (687,000.00) (687,000.00) (505,276.28) (71,940.97) 73.55 80‐5110‐65‐00 Salaries & Wages 229,000.00 229,000.00 121,893.13 17,538.58 53.23 80‐5115‐65‐00 Salaries ‐ Overtime 239.78 ‐ 80‐5140‐65‐00 Salaries ‐ Longevity Pay 260.00 260.00 65.00 25.00 40 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 80‐5142‐65‐00 Car Allowance 6,000.00 6,000.00 3,207.71 461.54 53.46 80‐5143‐65‐00 Cell Phone Allowance 3,510.00 3,510.00 2,610.00 180.00 74.36 80‐5145‐65‐00 Social Security Expense 14,570.00 14,570.00 6,332.91 1,090.04 43.47 80‐5150‐65‐00 Medicare Expense 3,410.00 3,410.00 1,772.22 254.93 51.97 80‐5155‐65‐00 SUTA Expense 27.00 823.00 850.00 387.00 (644.91) 45.53 80‐5160‐65‐00 Health Insurance 11,160.00 11,160.00 8,968.37 1,338.12 80.36 80‐5165‐65‐00 Dental Insurance 900.00 900.00 467.11 72.42 51.90 80‐5170‐65‐00 Life Insurance/AD&D 25.00 275.00 300.00 203.43 31.54 67.81 80‐5175‐65‐00 Liability (TML) Workers' Comp 500.00 500.00 1,000.00 509.63 50.96 80‐5176‐65‐00 TML Prop. & Liab Insurance 1,000.00 (237.00) 763.00 763.10 100.01 80‐5180‐65‐00 TMRS Expense 24,675.00 24,675.00 13,462.83 1,960.05 54.56 80‐5185‐65‐00 Long Term/Short Term Disabilit 564.00 564.00 311.60 45.60 55.25 80‐5186‐65‐00 WELLE‐Wellness Prog Reimb‐Empl 418.25 70.00 ‐ 80‐5189‐65‐00 Administrative Fees 2,400.00 2,400.00 1,400.00 200.00 58.33 80‐5190‐65‐00 Contract Labor 4,500.00 4,500.00 1,530.00 255.00 34.00 80‐5191‐65‐00 Hiring Cost 300.00 300.00 40.00 13.33 80‐5210‐65‐00 Office Supplies 2,000.00 2,000.00 1,575.50 525.06 78.78 80‐5212‐65‐00 Building Supplies 500.00 500.00 567.37 537.58 113.47 80‐5220‐65‐00 Office Equipment 3,500.00 3,500.00 3,727.61 3,344.94 106.50 80‐5230‐65‐00 Dues,Fees,& Subscriptions 4,700.00 4,700.00 4,438.67 182.48 94.44 80‐5240‐65‐00 Postage and Delivery 2,000.00 2,000.00 292.00 25.20 14.60 80‐5265‐65‐00 Promotional Expense 35,000.00 35,000.00 32,168.88 1,485.34 91.91 80‐5280‐65‐00 Printing and Reproduction 2,000.00 2,000.00 1,775.69 345.46 88.79 80‐5305‐65‐00 Chapt 380 Program Grant Exp 7,107.00 1,778.00 ‐ 80‐5310‐65‐00 Rental Expense 30,000.00 30,000.00 21,113.04 188.24 70.38 80‐5330‐65‐00 Copier Expense 3,500.00 3,500.00 1,379.40 47.28 39.41 80‐5340‐65‐00 Building Repairs 200.00 200.00 ‐ 80‐5410‐65‐00 Professional Services 10,000.00 (1,361.00) 8,639.00 4,125.16 990.00 47.75 80‐5412‐65‐00 Audit Fees 1,500.00 1,500.00 ‐ 80‐5418‐65‐00 IT Fees 4,500.00 4,500.00 3,527.76 2,449.19 78.40 80‐5430‐65‐00 Legal Fees 15,000.00 15,000.00 1,744.84 1,104.84 11.63 80‐5480‐65‐00 Contracted Services 1,300.00 1,300.00 126.70 126.70 9.75 80‐5520‐65‐00 Telephones 4,500.00 (310.00) 4,190.00 3,535.66 641.03 84.38 80‐5521‐65‐00 Cell Phone Expense 3,200.00 (3,200.00) ‐ 80‐5524‐65‐00 Gas‐Building 350.00 350.00 228.23 42.64 65.21 80‐5525‐65‐00 Electricity 2,000.00 2,000.00 964.60 125.08 48.23 80‐5526‐65‐00 Water 400.00 400.00 258.85 57.56 64.71 80‐5530‐65‐00 Travel/Lodging/Meals Expense 10,000.00 10,000.00 7,001.65 220.40 70.02 80‐5531‐65‐00 Prospect Mtgs/Business Meals 5,000.00 5,000.00 2,416.63 1,271.20 48.33 80‐5533‐65‐00 Mileage Expense 2,300.00 2,300.00 1,226.24 458.46 53.32 80‐5536‐65‐00 Training/Seminars 5,000.00 5,000.00 3,015.00 1,550.00 60.30 41 of 42
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐‐ALL FUNDSAPRIL 2014COMPARE TO: 58.33% Account Number Description Current Current Currrent Current Current Percent YTD Year Year Year YTD Month % Adopted Budget Amendments Amended Budget Actual Actual 80‐6015‐65‐00 Project Incentives 100,000.00 100,000.00 55,000.00 55.00 Subtotal object ‐ 0 547,741.00 547,741.00 321,898.55 40,349.59 58.77 Program number: 547,741.00 547,741.00 321,898.55 40,349.59 58.77 Department number: 65 Economic Development 547,741.00 547,741.00 321,898.55 40,349.59 58.77 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 547,741.00 547,741.00 321,898.55 40,349.59 58.77 Fund number: 80 Economic Development Corporati (139,259.00) (139,259.00) (183,377.73) (31,591.38) 131.68 42 of 42
"A PLACE WHERE EVERYONE MATTERS"Investment Portfolio SummaryJanuary 1, 2014 ‐ March 31, 2014Prepared ByTrish FeatherstonAccounting ManagerTown of ProsperKent R. AustinFinance DirectorTown of ProsperItem 5c
Item 5c
TOWN OF PROSPER, TEXASINVENTORY HOLDING REPORT03/31/14ALL FUND TYPES EXCEPT EDCMaturity BreakBank Deposit 28,515,003 Subtotal - Cash 28,515,003 57.1%TexPool 6,506,742TexStar 8,538,861 Subtotal - Pools 15,045,603 30.1%Agencies, Treasuries, Muni Bonds & CD's0-3 mos. 5,243,3533-6 mos. 06-9 mos. 1,028,0409-12 mos. 0 Subtotal - Other < 1 yr 6,271,394 12.6%‐5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 Town of Prosper ‐Maturity Break1 Day LiquidityTown of Prosper ‐Security Type1-2 yrs.102,0822-3 yrs.0> 3 yrs. 00.06% Subtotal - Other 1 or > 1 yr 102,082 0.2%Total 49,934,081 100%Asset DiversificationBank Deposit 28,515,003 57.1%TexPool 6,506,742 13.0%TexStar 8,538,861 17.1%Certificate of Deposit 6,373,476 12.8%Total 49,934,081 100.0%05,000,00010,000,00015,000,00020,000,00025,000,00030,000,000Bank Deposit TexPool TexStar Certificate of DepositTown of Prosper ‐Security TypeItem 5c
TOWN OF PROSPER, TEXASCURRENT INVESTMENT PORTFOLIOAS OF MARCH 31, 2014ALL FUND TYPES (EXCEPT EDC) AS DEFINED IN TOWN'S INVESTMENT POLICY PURCHASE DAYS DAYS TOTYPE OF SETTLEMENT MATURITY HELD MATURITY % TOTAL WEIGHTED AVG WEIGHTEDCUSIP SECURITY PAR DATE DATE TERM 03/31/14 03/31/14 RATE MATURITY AVG. YIELDBank Deposit Cash 28,515,003 03/31/14 04/01/14 1 0 1 0.7500% 57.11% 0.571 0.43%Texpool Pool 6,506,742 03/31/14 04/01/14 1 0 1 0.0285% 13.03% 0.130 0.00%TexStar Pool 8,538,861 03/31/14 04/01/14 1 0 1 0.0340% 17.10% 0.171 0.01%CD 3000066 CD 1,028,040 12/12/13 12/12/14 365 109 256 0.3500% 2.06% 5.271 0.01%CD 3000155 CD 102,082 06/10/13 06/14/15 734 294 440 0.4500% 0.20% 0.900 0.00%CD 1071486 CD 2,663,824 12/10/12 06/10/14 547 476 71 0.5000% 5.33% 3.788 0.03%CD 1071487 CD 2,579,529 06/10/13 06/10/14 365 294 71 0.4500% 5.17% 3.668 0.02% 49,934,081 2,020 1,173 847 100.00%14.4980.50%G:\Finance\Investment Policy\Investment Report March 2014Town Page 3Item 5c
Town of Prosper, TexasQuarterly Portfolio ChangeCash57%Pools30%CD's13%Total Portfolio Assets as of 3/31/2014 are $49,934,081Cash57%Pools30%CD's13%Total Portfolio Assets as of 12/31/2013 are $49,572,272Average Portfolio Yield:0.50%Average Portfolio Yield:0.50%Average Portfolio Maturity:26 daysAverage Portfolio Maturity:14 days% Maturing within 3 months: 87%% Maturing within 3 months:98%G:\Finance\Investment Policy\Investment Report March 2014Town Page 4Item 5c
TOWN OF PROSPER, TEXASQUARTERLY POSITION CHANGE REPORTJanuary 1 - March 31, 2014PURCHASEBOOK VALUEMARKET VALUETYPE OFCURRENT SETTLEMENT MATURITY BEGINNING ENDINGBEGINNING ENDINGCUSIP SECURITY PAR RATE DATE DATE 01/01/14 03/31/14 CHANGE 01/01/14 03/31/14 CHANGECash Positions: Bank Cash InvestmentsBank Deposit Cash28,515,003 Various03/31/14 04/01/14 28,161,507 28,515,003 353,496 28,161,507 28,515,003 353,496 Subtotal Cash Positions28,515,00328,161,507 28,515,003 353,496 28,161,507 28,515,003 353,496 Cash Positions: Pooled InvestmentsTexPool Pool6,506,742 0.029% 03/31/14 04/01/14 6,506,284 6,506,742457 6,506,284 6,506,742457 TexStar Pool8,538,861 0.034% 03/31/14 04/01/14 8,538,144 8,538,861717 8,538,144 8,538,861717 Subtotal Pool Investments 15,045,60315,044,428 15,045,603 1,175 15,044,428 15,045,603 1,175 Certificates of DepositCD 3000066 CD1,028,040 0.35% 12/12/13 12/12/14 1,027,154 1,028,040886 1,027,154 1,028,040 886 CD 3000155 CD102,082 0.45% 06/14/13 06/14/15 101,969 102,082113 101,969 102,082113 CD 1071486 CD2,663,824 0.50% 12/10/12 06/10/14 2,660,544 2,663,824 3,280 2,660,544 2,663,824 3,280 CD 1071487 CD2,579,529 0.45% 06/10/13 06/10/14 2,576,670 2,579,529 2,859 2,576,670 2,579,529 2,859 Subtotal CD's6,373,4766,366,337 6,373,476 7,139 6,366,337 6,373,476 7,139 Grand Total49,934,08149,572,272 49,934,081 361,809 49,572,272 49,934,081 361,809 G:\Finance\Investment Policy\Investment Report March 2014Town Page 5Item 5c
Page 1 of 2
To: Mayor and Town Council
From: January Cook, CPPO, CPPB, Purchasing Agent
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 27, 2014
Agenda Item:
Consider and act upon awarding CSP No. 2014-23-B to Vanguard Modular Buildings, LLC, for
the purchase of a modular building for Public Works.
Description of Agenda Item:
The Town developed specifications, and solicited proposals for a modular building for Public
Works. A Notice to Proposers was advertised, and 4 proposals were received by the due date
and time (May 2, 2014, at 3:00 p.m.). The total cost of the proposals ranged from $119,371 to
$279,508. An evaluation committee consisting of representatives from Public Works evaluated
the proposals, based on the following criteria:
1. cost;
2. age and condition of building;
3. floor plan; and
4. delivery time and other factors.
After completion of the evaluation process, staff recommends award to Vanguard Modular
Buildings, LLC, as the best value proposal. The proposed building was manufactured in 2007, is
over 4,000 square feet, and offers the best internal configuration of the space to accommodate
Public Works. The cost for the modular building, with the optional front stairs/ramp, is within the
approved budget for this project.
Budget Impact:
The total amount of the purchase for the modular building, with the optional front stairs/ramp, is
$178,123, and will be funded by account 20-6110-50. $203,000 was budgeted for this project.
The remaining balance will be used for other items related to the installation of the modular
building.
Legal Obligations and Review:
N/A
Attached Documents:
1. Evaluation Matrix
2. Building Layout
Prosper is a place where everyone matters.
FINANCE
Item 5d
Page 2 of 2
Town Staff Recommendation:
Town staff recommends approval of the award of CSP No. 2014-23-B to Vanguard Modular
Buildings, LLC, for the purchase of a modular building for Public Works.
Proposed Motion:
I move to approve the award of CSP No. 2014-23-B to Vanguard Modular Buildings, LLC, for
the purchase of a modular building for Public Works.
Item 5d
CSP No. 2014-23-B
EVALUATION MATRIX
EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
Age and Condition of Building 15%15.00 0.75 17.00 0.85 30.00 1.50 18.00 0.90
Floor Plan 40%9.00 1.20 12.00 1.60 11.00 1.47 27.00 3.60
Delivery Time and Other Factors 10%16.00 0.53 16.00 0.53 10.00 0.33 27.00 0.90
Cost 35%10.00 3.50 4.27 1.49 6.71 2.35 6.70 2.35
TOTAL 100%5.98 4.48 5.65 7.75
Vanguard Modular
Buildings, LLC
Public Works Modular Building
INTEGRATED
MODULAR
SOLUTIONS, LLC
ModSpace Ramtech Building
Systems Inc.
Attachment 1
Attachment 2
Page 1 of 2
To: Mayor and Town Council
From: Michael Bulla, CIP Project Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 27, 2014
Agenda Item:
Consider and act upon ratifying the selection of Mario Sinacola & Sons Excavating, Inc., for
conduit work performed on Preston Road; and authorizing payment.
Description of Agenda Item:
In preparation for impending landscaping and illumination improvements within the Preston
Road corridor, Town staff worked with the Texas Department of Transportation (TxDOT) to
install conduit sleeves under the future concrete median openings and pavement during an
active TxDOT construction project (Project No. 0091-04-050). Completing this work during
TxDOT construction prevented the Town from paying additional costs for boring that would have
been required if the Town installed the conduit sleeves after the TxDOT project is completed.
This resulted in a cost savings to the Town.
TxDOT would not allow the Town to utilize a third party to complete the work during an active
construction project, and intended to process a change order for the installation of the conduit
sleeves. However, due to construction progress and timing for installation, there was not
sufficient time to process a change order. Therefore, TxDOT allowed the Town to work directly
with Mario Sinacola & Sons Excavating, Inc. to complete this work.
Budget Impact:
The total amount of the payment for the conduit work performed is $114,850.06, and will be
funded by account 10-5480-40. This item was approved in the FY 13-14 budget.
Legal Obligations and Review:
N/A
Attached Documents:
1. Proposal from Mario Sinacola & Sons Excavating, Inc.
Town Staff Recommendation:
Town staff recommends ratifying the selection of Mario Sinacola & Sons Excavating, Inc., for
conduit work performed on Preston Road; and authorizing payment.
Prosper is a place where everyone matters.
ENGINEERING
Item 5e
Page 2 of 2
Proposed Motion:
I move to approve ratifying the selection of Mario Sinacola & Sons Excavating, Inc., for conduit
work performed on Preston Road; and authorizing payment.
Item 5e
0
Texas Department of Transportation
2205 South SH 5
McKinney, Texas 75069
RE: City of Prosper
P.O. Box 307
Prosper, Texas 75078
ATTENTION:Michael Bulla
GENTLEMEN:We propose to furnish all labor, materials and equipment
necessary to construct the following described work:
PROJECT:Conduit Crossings for Preston Road
LOCATION:Prosper Texas
Client Number Description Biditem Quantity Unit Unit Price Biditem Total
2" PVC SCH 40 CONDUIT 12,658.000 LF $6.41 $81,137.78
4" PVC SCH 40 CONDUIT 3,304.000 LF $7.82 $25,837.28
GROUND BOXES 15.000 EA $525.00 $7,875.00
Bid Total:$114,850.06
QUALIFICATIONS:
~No work can start until a contract is issued by the City of Prosper
~
Sincerely,
MARIO SINACOLA & SONS EXCAVATING, INC.
Should you have any questions, or need clarification regarding this proposal, please feel free to contact this office.
1/20/2014
Pricing does not include any bores or installation by other than open cut.
Printed: 1/23/2014 Conduit Crossing 1-20-2014 - Prop Page: 1 of 1
Attachment 1
Page 1 of 2
To: Mayor and Town Council
From: Chris Copple, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 27, 2014
Agenda Item:
Consider and act upon an Ordinance rezoning 878.9± acres, located on the southeast and
southwest corners of Prosper Trail and Dallas Parkway, from Planned Development-3 (PD-3),
Planned Development-14 (PD-14), Planned Development-23 (PD-23), Planned Development-34
(PD-34), Single Family-10 (SF-10), Single Family-12.5 (SF-12.5), Office (O), and Commercial
Corridor (CC) to Planned Development-Single Family/Office/Retail (PD-SF/O/R). (Z13-0018).
Description of Agenda Item:
On May 13, 2014, the Town Council approved zoning case Z13-0018, by a vote of 5-2 subject
to the following conditions:
1. Revise Exhibit F to state the elevations on the following pages are artists’ concepts, the following
elevations shall be representative of the architectural style, color, and material selections for the
single family dwellings in Star Trail.
Town staff has prepared an ordinance rezoning the property.
Legal Obligations and Review:
Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving
a zoning request and adopting an ordinance rezoning property. A public hearing has been held
and the Town Council approved the zoning case. The attached ordinance is a standard format
that was previously approved by the Town Attorney, Terrence Welch.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town staff recommends the Town Council adopt an ordinance rezoning 878.9± acres, located
on the southeast and southwest corners of Prosper Trail and Dallas Parkway, from Planned
Development-3 (PD-3), Planned Development-14 (PD-14), Planned Development-23 (PD-23),
Planned Development-34 (PD-34), Single Family-10 (SF-10), Single Family-12.5 (SF-12.5),
Office (O), and Commercial Corridor (CC) to Planned Development-Single Family/Office/Retail
(PD-SF/O/R).
Prosper is a place where everyone matters.
PLANNING
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Page 2 of 2
Proposed Motion:
I move to adopt an ordinance rezoning 878.9± acres, located on the southeast and southwest
corners of Prosper Trail and Dallas Parkway, from Planned Development-3 (PD-3), Planned
Development-14 (PD-14), Planned Development-23 (PD-23), Planned Development-34 (PD-
34), Single Family-10 (SF-10), Single Family-12.5 (SF-12.5), Office (O), and Commercial
Corridor (CC) to Planned Development-Single Family/Office/Retail (PD-SF/O/R).
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TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-__
AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20,
ORDINANCE NO. 00-03, ORDINANCE NO. 04-52, ORDINANCE NO. 05-35,
AND ORDINANCE NO. 06-116; REZONING A TRACT OF LAND CONSISTING
OF 902.565 ACRE S, MORE OR LESS, SITUATED IN THE COLLIN COUNTY
SCHOOL LAND SURVEY, ABSTRACT NO. 147, J.M. DURRET SURVEY,
ABSTRACT NO. 350, AND NEATHERLY SURVEY, ABSTRACT NO. 962, IN
THE TOWN OF PROSPER, COLLIN COUNTY AND DENTON COUNTY,
TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT-3 (PD-3),
PLANNED DEVELOPMENT-14 (PD-14), PLAN NED DEVELOPMENT-23 (PD-
23), PLANNED DEVELOPMENT-34 (PD-34), SINGLE FAMILY-10 (SF-10),
SINGLE FAMILY-12.5 (SF-12.5), OFFICE (O), AND COMMERCIAL
CORRIDOR (CC) IS HEREBY REZONED AND PLACED IN THE ZONING
CLASSIFICATION OF PLAN NED DEVELOPMENT-SINGLE
FAMILY/OFFICE/RETAIL (PD-SF/O/R); DESCRIBING THE TRACT TO BE
REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that Zoning Ordinance No. 05-20, Ordinance No. 00-03, Ordinance
No. 04-52, Ordinance No. 05-35, and Ordinance No. 06-116 should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Blue
Star Land, LP (“Applicant”) to rezone 902.565 acres of land, more or less, situated in the Collin
County School Land Survey, Abstract No. 147, J.M. Durret Survey, Abstract No. 350, and
Neatherly Survey, Abstract No. 962 in the Town of Prosper, Collin County and Denton County,
Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all
other requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
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Ordinance No. 14-__, Page 2
SECTION 2
Amendments to Zoning Ordinance No. 05-20, Ordinance No. 00-03, Ordinance No. 04-
52, Ordinance No. 05-35, and Ordinance No. 06-116. Zoning Ordinance No. 05-20, Ordinance
No. 00-03, Ordinance No. 04-52, Ordinance No. 05-35, and Ordinance No. 06-116 is amended
as follows: The zoning designation of the property containing 902.565 acres of land, more or
less, situated in the Collin County School Land Survey, Abstract No. 147, J.M. Durret Survey,
Abstract No. 350, and Neatherly Survey, Abstract No. 962 in the Town of Prosper, Collin County
and Denton County, Texas, (the “Property”) and all streets, roads and alleyways contiguous
and/or adjacent thereto is hereby rezoned as Planned Development-Single Family /Office/Retail
(PD-SF/O/R). The Property as a whole and for this zoning classification is more particularly
described in Exhibit “A” attached hereto and incorporated herein for all purposes as if set forth
verbatim.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the statement of intent and purpose,
attached hereto as Exhibit “B”; 2) the planned development standards, attached hereto as
Exhibit “C”; 3) the concept plan, attached hereto as Exhibit “D”; 4) the development schedule,
attached hereto as Exhibit “E”; 5) and the conceptual single family elevations, attached hereto
as Exhibit “F”, which are incorporated herein for all purposes as if set forth verbatim. Except as
amended by this Ordinance, the development of the Property within this Planned Development
District must comply with the requirements of all ordinances, rules, and regulations of Prosper,
as they currently exist or may be amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original
records and shall not be changed in any matter.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
Written notice of any amendment to this District shall be sent to all owners of properties
within the District as well as all properties within two hundred feet (200’) of the District to be
amended.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
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Ordinance No. 14-__, Page 3
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 6
Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 27TH DAY OF MAY, 2014.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
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Ordinance No. 14-__, Page 4
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
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Submittal Documents in Support of
(subject to name change prior to final approval)
A Planned Development District
in the
Town of Prosper, Texas
May 13, 2014
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TABLE OF CONTENTS
Page
EXHIBIT “A” - Legal Descriptions 3
EXHIBIT “B” - Statement of Intent and Purpose 10
EXHIBIT “C” - Development Standards
1. Amenity Program 11
2. Single-Family Residential 16
3. Commercial/Retail 28
EXHIBIT “D” - Concept Plan 29
EXHIBIT “E” - Development Schedule 30
EXHIBIT “F” - Conceptual SF Elevations 31-35
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EXHIBIT “A”
Legal Descriptions for StarTrail, Town of Prosper, Texas
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EXHIBIT “B”
Statement of Intent and Purpose for StarTrail, Town of Prosper, Texas
The purpose of this PD is to allow for the creation of a unique, high-quality, primarily
residential master-planned community that meets the demands of the current real
estate market conditions while maintaining the character of the Town of Prosper. The
Villages of Star Trail will utilize a variety of lot sizes to offer multiple lifestyle
opportunities arranged around an amenity program consisting of both active and
passive open spaces catering to all ages. Existing floodplain areas will be enhanced to
create an active greenbelt with a trail system for hikers and bikers that links to the
development as well as the Town of Prosper’s master trail system. The residential lots
will be carefully arranged so that the more intense uses are located towards the
perimeter of the development serving as a buffer from the thoroughfares, commercial
uses, and existing higher density developments adjacent to the planned community.
Commercial, Retail and Office uses will be located along the major thoroughfares to
provide future employment and retail opportunities for the community. The roadway
system within Star Trail is designed to provide easy access to the network of
thoroughfares in and around the community as well as the Dallas North Tollway.
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EXHIBIT “C”
Development Standards for StarTrail, Town of Prosper, Texas
Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as
otherwise set forth in these Development Standards, the regulations of the Town’s
Zoning Ordinance (as it currently exists or may be amended) and Subdivision Ordinance
(as it currently exists or may be amended) shall apply.
I. Amenity Program
A. General. As a master planned community, Star Trail will have a programmed and
qualitatively controlled system of amenities throughout. These amenities combine to
create an overall sense of place that would be difficult to achieve when considered
as independent elements within smaller developments. The community amenities
that are addressed within these Development Standards are:
Primary Community Entries
Secondary Community Entries
Neighborhood Entries
Thoroughfare Landscape Buffers
Community Amenity Center
Floodplain / Greenway Parks
Neighborhood Parks
Pocket Parks
Hike and Bike Trails
B. Primary Community Entries
1. Major points of entry into StarTrail (including at least one entry along Prosper
Trail, one along Legacy Drive and one off the DNT service road) will be defined
with a combination of monument signage, landscape and lighting to create a
sense of arrival commensurate in scale and character with a 800+ acre master
planned community (see representative examples below). These entries will
include:
Community name / logo incorporated into monument
signage element, to be constructed of masonry or similar
material;
Enhanced landscape, including seasonal color, shrubs,
groundcover, perennials and unique combinations of both
canopy and ornamental trees;
Enhanced lighting on the monument / signage and the
unique aspects of the landscape;
Water will be considered as an accent feature if land and
topography permit, and if compatible with the overall
physical design theme for the community.
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2. Primary entries will be developed to incorporate both sides of the entry roadway
when both are contained within Star Trail, and will also include enhancements to
the median in the immediate area (where / if applicable). Landscape easements
will be provided to ensure adequate space to provide for visibility triangle(s) and
adequate development of entry design.
C. Secondary Entries
1. Secondary Community Entries will be similar to primary community entries in
their use of compatible building and landscape materials, but will be smaller in
scale and land area. They will occur at the outside edges of Star Trail, at the
entries for either arterials or collectors into the community. It is anticipated that a
minimum of three secondary entries will be provided for the community, primarily
along Legacy Drive (see representative examples below). Secondary community
entries will include the following elements, scaled slightly smaller than the
primary entries:
Community name / logo incorporated into monument signage
element, to be constructed of masonry or similar material;
Enhanced landscape, including seasonal color, shrubs, groundcover,
perennials and unique combinations of both canopy and ornamental
trees;
Enhanced lighting on the monument / signage and the unique
aspects of the landscape;
Center median to allow for more landscape density and also provide
alternative location for neighborhood identification and way-finding
graphics;
Landscape easements where required to accommodate enhanced
landscape and monument construction.
2. Neighborhood Village Entries. Internal to Star Trail and along both arterials
and collectors, points of intersection will be enhanced to denote entries into
individual ‘villages’ or neighborhoods. These entries will resemble primary
and secondary entries in their use of materials and landscape, but will also
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incorporate village or neighborhood names and will contribute to a unique,
community-wide system of visual “way finding.”
D. Thoroughfare Landscape Buffers (Arterial and Collector Roads) Thoroughfares
will provide a continuity of design from primary and secondary points of community
entry throughout the entirety of Star Trail. These thoroughfares and the adjacent
landscape buffers will be designed and constructed to meet the standards outlined in
the Town of Prosper Subdivision Ordinance.
E. Community Amenity Program
1. Villages of StarTrail Community Centers
A minimum of one Community Amenity Center shall be developed within the
Villages of Star Trail, on the property east of Legacy Drive, providing a range of
more active, family oriented activities in a ‘resort’ style environment (see
representative examples below). This facility will be private, designated for the
use of property owners and their guests. Maintenance of the Center will be
provided by a Homeowner’s Association (HOA). This facility will be centrally
located along the main neighborhood road with linkage to the community’s trail
system. This primary Community Amenity Center will be completed along with
the initial phase of residential development east of Legacy Drive and provide the
“centerpiece” recreational amenity for the entire community.
One additional Neighborhood Amenity Center will be constructed when the
villages west of Legacy Drive are developed.
The intended Community Amenity Program shall include elements from the
following list:
Active adult and children’s pools;
Paved and turf chaise areas;
Community building, with interior and exterior spaces programmed
for resident and HOA uses, including possible inclusion of a kitchen,
community room, meeting room(s), fitness room, and storage
area(s);
Restrooms (in the community building and possibly additionally at the
pool area(s);
Covered picnic pavilion with grilling equipment;
Convenience parking (quantity to be determined based upon code
compliance);
Children’s playground facility(s);
Sport court(s);
Trailhead linkages to the floodplain / greenway parks.
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2. Open Space and Trails
Star Trail shall include a minimum of 70 acres of open, flood plain corridors
through the property. These areas will be enhanced with landscaping and
could potentially include additional water features, such as ponds and
fountains that contribute to the overall storm drainage system and provide
enhanced value to the community. All of these corridors shall be
interconnected with a series of paths and trails, with an overall hike / bike
trail system throughout. Following are the key components of this system of
open space through the community:
Master hike / bike trail – minimum 8’ in width – concrete or other
material approved by the Town – linking all neighborhoods,
schools and amenities;
Secondary paths and trails – minimum 6’ in width – concrete or
‘soft’ surface (decomposed granite, crushed fines) is permitted for
HOA maintained trails– providing secondary linkages and ‘spur’
connections to the hike / bike trail system;
Native preservation areas in locations of most desirable existing
vegetation;
Trailhead locations at community amenity sites.
Ponds and water features in open areas where impacts to
existing vegetation will not be an issue and storm drainage
requirements can be enhanced.
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3. Public Community Park and Neighborhood Parks
The Villages of Star Trail will include a minimum of 53.4 acres to be
dedicated for public use as a community park and neighborhood parks.
a. One approximately 30.9 acre site shall be dedicated to the Town for a
Community Park. This park will allow for the construction of lighted
sports fields at the discretion and expense of the Town of Prosper
Parks Department. This site shall be in the location as indicated on
Exhibit D, east of Legacy, south of the creek, on the north side of
Fishtrap Road.
b. Three additional neighborhood parks, approximately 7.5 acres each,
shall be dedicated to the Town of Prosper as a complementary
component of the Star Trail amenities program, including
consideration of alternative uses, and the use of compatible materials
(hardscape, landscape and, if included, lighting). These parks are to
be integrated within the open space system as well as the
neighborhoods that they serve. One neighborhood park will be
located west of Legacy and two will be located east of Legacy.
Neighborhood parks may include features and elements from the
following list of amenities;
Open play fields (non-lit);
Sport courts;
Covered pavilion or shade structure;
Children’s playgrounds;
4. Private Open Space
Additional components of the StarTrail amenities program are “small, private
open spaces” throughout the development. These areas will be HOA
maintained and allow for:
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The provision of valuable open space in adjacency to
homes;
The insurance of one-quarter mile resident walks to a
component of the open space system;
The creation of additional passive and moderately active
recreational opportunities, including:
open play areas;
neighborhood playgrounds;
small neighborhood gathering spaces.
II. Single-Family Residential Tracts
A. General Description: This property may develop, under the standards for SF-10 as
contained in the Town’s Zoning Ordinance as it exists or may be amended, as front
entry lot product subject to the specific provisions contained herein below. There will
be no alley-served lots within the property.
B. Density: The maximum number of single family detached dwelling units for this PD
is 1,870. This equates to an overall gross density of 2.47 units per acre.
C. Lot Types: The single family detached lots developed within the Properties shall be
in accordance with the following Lot Types:
Type A Lots: Minimum 6875 square foot lots
Type B Lots: Minimum 8125 square foot lots
Type C Lots: Minimum 10260 square foot lots
Type D Lots: Minimum 11610 square foot lots
D. Area and building regulations:
1. Type A Lots: The area and building standards for Type A Lots are as
follows and as set forth in Table 1:
(a) Minimum Lot Size. The minimum lot size for Type A Lots shall be six
thousand eight hundred seventy-five (6875) square feet. A typical lot
will be 55’ x 125’, but may vary as long as the requirements in Table 1
are accommodated.
(b) Minimum Lot Width. The minimum lot width for Type A Lots shall be
fifty-five (55) feet, as measured at the front setback, except for lots
located at the terminus of a cul-de-sac, curve or eyebrow which may
have a minimum width of forty-five (45) feet at the front setback
provided all other requirements of this section are met.
(c) Minimum Yard Setbacks.
(1) Minimum Frontyard Setback: The minimum frontyard
setback for Type A Lots shall be twenty-five (25) feet.
(2) Minimum Sideyard Setback: The minimum sideyard
setback for Type A Lots shall be seven (7) feet.
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(3) For corner lots, the minimum sideyard setback shall be
fifteen (15) feet.
(4) Minimum Rearyard Setback: The minimum rearyard
setback shall be twenty-five (25) feet.
(5) Permitted Encroachment. Architectural features and
porches may encroach into required front and rear yards
up to five (5) feet. Swing-in garages may encroach into
required front yards up to ten (10) feet. Front facing
garages are permitted to extend to the front façade of the
main structure, but may not encroach into the required
front yard.
(d) Minimum Floor Space. Each one story dwelling constructed on a
Type A Lot shall contain a minimum of one thousand, eight hundred
(1800) square feet of floor space; two story dwellings shall be a
minimum of two thousand (2000) square feet. Floor space shall
include air-conditioned floor areas, exclusive of porches, garages,
patios, terraces or breezeways attached to the main dwelling
(e) Height. The maximum height for structures on Type A Lots shall be
forty (40) feet.
(f) Driveways. Driveways fronting on a street on Type A Lots shall be
constructed of any of the following materials: colored concrete, brick
pavers, stone, interlocking pavers, stamped concrete, salt finish
concrete, concrete with stone or brick border OR any other treatment
as approved by the Director of Development Services.
No broom finish concrete driveways will be allowed.
(g) Exterior Surfaces. The exterior facades of a main building or
structure, excluding glass windows and doors, shall be constructed of
one hundred (100) percent masonry. Cementatious fiber board is
considered masonry, but may only constitute thirty (30) percent of the
area for stories other than the first story. However, cementatious fiber
board may not be used as a façade cladding material for portions of
upper stories that are in the same vertical plane as the first story.
Cementatious fiber board may also be used for architectural features,
including window box-outs, bay windows, roof dormers, garage door
headers, columns, chimneys not part of an exterior wall, or other
architectural features approved by the Building Official.
No cementatious fiber board or any other siding material will be
allowed on any front elevation nor on any side/rear elevation which is
visible from an adjacent community street, common area, open space,
park or perimeter.
(h) Windows. All window framing shall be bronzed, cream, sand or white
anodized aluminum, vinyl or wood.
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(i) Garages.
(1) Homes shall have a minimum of two (2) car garages but
no more than three (3). No carports shall be permitted.
(2) Homes with three (3) garages shall not have more than
two (2) garage doors facing the street.
(3) All garage doors shall incorporate three (3) of the
following details:
(a) Single garage doors separated by column (in
place of one double garage door)
(b) Cedar clad garage doors
(c) Cedar trim garage doors
(d) Carriage style doors with ornamental hardware
(j) Plate Height. Each structure on a Type A Lot shall have a minimum
principal plate height of 9’ on the first floor.
(k) Fencing. Fences, walls and/or hedges on Type A Lots shall be
constructed to meet the following guidelines.
(1) All Type A Lots backing or siding to Open Space or park
land shall have a decorative metal fence, minimum 4 foot
in height, abutting said Open Space or park land.
(2) All other fencing shall be constructed of cedar, board-to-
board with a top rail, and shall be supported with
galvanized steel posts, 8 foot OC. A common fence stain
color as well as fence detail shall be established for the
community by the developer.
(3) Corner lots adjacent to a street require 18” masonry
columns be placed at 21 feet OC.
(4) No fencing shall extend beyond a point ten feet (10’)
behind the front wall plane of the structure into the front
yard.
(l) Landscaping.
(1) Corner lots adjacent to a street require additional trees
be planted in the side yard @ 30 feet OC.
(2) The front, side and rear yard must be fully sodded with
grass and irrigated by an ET irrigation system.
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(m) Accessory Structures. Accessory structures used as a garage, a
garage apartment, or guest house, will not be allowed.
2. Type B Lots: The area and building standards for Type B Lots are as follows
and as set forth in Table 1:
(a) Minimum Lot Size. The minimum lot size for Type B Lots shall be
eight thousand one hundred twenty five (8125) square feet. A typical
lot will be 65’ x 125’, but may vary as long as the requirements in
Table 1 are accommodated.
(b) Minimum Lot Width. The minimum lot width for Type B Lots shall be
sixty-five (65) feet as measured at the front setback, except for lots
located at the terminus of a cul-de-sac, curve or eyebrow which may
have a minimum width of fifty-five (55) feet at the front setback
provided all other requirements of this section are met.
(c) Minimum Yard Setbacks.
(1) Minimum Frontyard Setback: The minimum frontyard
setback for Type B Lots shall be twenty-five (25) feet.
(2) Minimum Sideyard Setback: The minimum sideyard
setback for Type B Lots shall be seven (7) feet. For corner
lots, the minimum sideyard setback shall be fifteen (15) feet.
(3) Minimum Rearyard Setback: The minimum rearyard
setback shall be twenty-five (25) feet.
(4) Permitted Encroachment. Architectural features and
porches may encroach into required front and rear yards up
to five (5) feet. Swing-in garages may encroach into
required front yards up to ten (10) feet. Front facing garages
are permitted to extend to the front façade of the main
structure, but may not encroach into the required front yard.
(d) Minimum Floor Space. Each single story dwelling constructed on a
Type B Lot shall contain a minimum of two thousand three hundred
(2300) square feet of floor space; two story dwellings shall contain a
minimum of two thousand six hundred fifty (2650) square feet of floor
space. Floor space shall include air-conditioned floor areas, exclusive
of porches, garages, patios, terraces or breezeways attached to the
main dwelling.
(e) Height. The maximum height for structures on Type B Lots shall be
forty (40) feet.
(f) Driveways. Driveways fronting on a street on Type B Lots shall be
constructed of any of the following materials: colored concrete, brick
pavers, stone, interlocking pavers, stamped concrete, salt finish
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concrete, concrete with stone or brick border OR any other treatment
as approved by the Director of Development Services
No broom finish concrete driveways will be allowed.
(g) Exterior Surfaces. The exterior facades of a main building or
structure, excluding glass windows and doors, shall be constructed of
one hundred (100) percent masonry. Cementatious fiber board is
considered masonry, but may only constitute thirty (30) percent of the
area for stories other than the first story. However, cementatious fiber
board may not be used as a façade cladding material for portions of
upper stories that are in the same vertical plane as the first story.
Cementatious fiber board may also be used for architectural features,
including window box-outs, bay windows, roof dormers, garage door
headers, columns, chimneys not part of an exterior wall, or other
architectural features approved by the Building Official.
No cementatious fiber board or any other siding material will be
allowed on any front elevation nor on any side/rear elevation which is
visible from an adjacent community street, common area, open space,
park or perimeter.
(h) Windows. All window framing shall be bronzed, cream, sand or white
anodized aluminum, vinyl or wood.
(i) Garages.
(1) Homes shall have a minimum of two (2) car garages but no
more than three (3). No carports shall be permitted.
(2) Homes with three (3) car garages shall not have more than
two (2) garage doors facing the street.
(3) All garage doors shall incorporate three (3) of the following
details:
(a) Single garage doors separated by a column (in
place of one double garage door)
(b) Cedar clad garage doors
(c) Cedar trim garage doors
(d) Carriage style doors with ornamental hardware.
(j) Plate Height. Each structure on a Type B Lot shall have a minimum
principal plate height of 9’ on the first floor.
(k) Fencing. Fences, walls and/or hedges on Type B lots shall be
constructed to meet the following guidelines.
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(1) All Type B Lots backing or siding to Open Space or park
land shall have a decorative metal fence, minimum 4 foot in
height, abutting said open space or park land.
(2) All other fencing shall be constructed of cedar, board-to-
board with a top rail, and shall be supported with galvanized
steel posts, 8 foot OC. A common fence stain color as well
as fence detail shall be established for the community by the
developer.
(3) Corner lots adjacent to a street require 18” masonry columns
be placed at 21 feet OC.
(4) No fencing shall extend beyond a point ten feet (10’) behind
the front wall plane of the structure into the front yard.
(l) Landscaping.
(1) Corner lots adjacent to a street require additional trees be
planted in the side yard @ 30 feet OC.
(2) The front, side and rear yard must be fully sodded with grass
and irrigated by an ET irrigation system.
(m) Accessory Structures. Accessory structures used as a garage, a
garage apartment, a storage building or guest house, will not be
allowed.
3. Type C Lots: The area and building standards for Type C Lots are as
follows and as set forth in Table 1:
(a) Minimum Lot Size. The minimum lot size for Type C Lots shall be
ten thousand two hundred sixty (10260) square feet. A typical lot will
be 76’ x 135’, but may vary as long as the requirements of Tables 1
and 2 are accommodated.
(b) Minimum Lot Width. The minimum lot width for Type C Lots shall be
seventy-six (76) feet, as measured at the front setback, except for lots
located at the terminus of a cul-de-sac, curve or eyebrow which may a
minimum width of sixty-six (66) feet at the front setback provided all
other requirements of this section are met.
(c) Minimum Yard Setbacks.
(1) Minimum Frontyard Setback: The minimum frontyard
setback for Type C Lots shall be thirty (30) feet.
(2) Minimum Sideyard Setback: The minimum sideyard
setback for Type C Lots shall be eight (8) feet. For corner
lots, the minimum sideyard setback shall be fifteen (15) feet.
Item 5f
22
(3) Minimum Rearyard Setback: The minimum rearyard
setback shall be twenty-five (25) feet.
(4) Permitted Encroachment. Architectural features and
porches may encroach into required front and rear yards up
to five (5) feet. Swing-in garages may encroach into
required front yards up to ten (10) feet. Front facing garages
are permitted to extend to the front façade of the main
structure, but may not encroach into the required front yard.
(d) Minimum Floor Space. Each single story dwelling constructed on a
Type C Lot shall contain a minimum of two thousand five hundred
(2500) square feet of floor space; each two story dwelling shall
contain a minimum of three thousand (3000) square feet of floor
space. Floor space shall include air-conditioned floor areas, exclusive
of porches, garages, patios, terraces or breezeways attached to the
main dwelling
(e) Height. The maximum height for structures on Type C Lots shall be
forty (40) feet.
(f) Driveways. Driveways fronting on a street on Type C Lots shall be
constructed of any of the following materials: colored concrete, brick
pavers, stone, interlocking pavers, stamped concrete, salt finish
concrete, concrete with stone or brick border OR any other treatment
as approved by the Director of Development Services.
No broom finish concrete driveways will be allowed.
(g) Exterior Surfaces. The exterior facades of a main building or
structure, excluding glass windows and doors, shall be constructed of
one hundred (100) percent masonry. Cementatious fiber board is
considered masonry, but may only constitute twenty (20) percent of
the area for stories other than the first story. However, cementatious
fiber board may not be used as a façade cladding material for portions
of upper stories that are in the same vertical plane as the first story.
Cementatious fiber board may also be used for architectural features,
including window box-outs, bay windows, roof dormers, garage door
headers, columns, chimneys not part of an exterior wall, or other
architectural features approved by the Building Official.
No cementatious fiber board or any other siding material will be
allowed on any front elevation nor on any side/rear elevation which is
visible from an adjacent community street, common area, open space,
park or perimeter.
(h) Windows. All window framing shall be bronzed, cream, sand or white
anodized aluminum, vinyl or wood.
(i) Roofing. The main roof pitch of any structure shall have a minimum
slope of 10” in 12”.
Item 5f
23
(j) Garages.
(1) Homes shall have a minimum of two (2) car garages but no
more than four (4). No carports shall be permitted.
(2) Homes with three (3) or four (4) garages shall not have more
than two (2) garage doors facing the street.
(3) All garage doors shall incorporate three (3) of the following
details:
(a) Single garage doors separated by a column (in pace
of one double garage door)
(b) Cedar clad garage doors
(c) Cedar trim garage doors
(d) Carriage style doors with ornamental hardware.
(k) Plate Height. Each structure on a Type C Lot shall have a minimum
principal plate height of 9’ on the first floor.
(l) Fencing. Fences, walls and/or hedges on Type C Lots shall be
constructed to meet the following guidelines.
(1) All Type C Lots backing or siding to Open Space or park
land shall have a decorative metal fence, minimum 4 foot in
height, abutting said open space or park land.
(2) All other fencing shall be constructed of cedar, board-to-
board with a top rail, and shall be supported with galvanized
steel posts, 8 foot OC. A common fence stain color as well
as fence detail shall be established for the community by the
developer.
(3) Corner lots adjacent to a street require 18” masonry columns
be placed at 21 feet OC.
(4) No fencing shall extend beyond a point fifteen feet (15’)
behind the front wall plane of the structure into the front yard.
(m) Landscaping.
(1) Corner lots adjacent to a street require additional trees be
planted in the side yard @ 30 feet OC.
(2) The front, side and rear yard must be fully sided with grass
and irrigated by an ET irrigation system.
(n) Accessory Structures. Accessory structures used as a garage, a
garage apartment, storage or a guest house will not be allowed.
Item 5f
24
4. Type D Lots: The area and building standards for Type D Lots are as
follows and as set forth in Table 1:
(a) Minimum Lot Size. The minimum lot size for Type D Lots shall be
eleven thousand six hundred ten (11610) square feet. A typical lot will
be 86’ x 135’, but may vary as long as the requirements in Table 1 are
accommodated.
(b) Minimum Lot Width. The minimum lot width for Type D Lots shall be
eighty-six (86) feet, as measured at the front setback, except for lots
located at the terminus of a cul-de-sac, curve or eyebrow which may
have a minimum width of seventy-six (76) feet at the front setback
provided all other requirements of this section are met.
(c) Minimum Yard Setbacks.
(1) Minimum Frontyard Setback: The minimum frontyard
setback for Type D Lots shall be thirty (30) feet.
(2) Minimum Sideyard Setback: The minimum sideyard
setback for Type D Lots shall be eight (8) feet. For corner
lots, the minimum sideyard setback shall be fifteen (15) feet.
(3) Minimum Rearyard Setback: The minimum rearyard
setback shall be twenty-five (25) feet.
(4) Permitted Encroachment. Architectural features and
porches may encroach into required front and rear yards up
to five (5) feet. Swing-in garages may encroach into
required front yards up to ten (10) feet. Front facing garages
are permitted to extend to the front façade of the main
structure, but may not encroach into the required front yard.
(d) Minimum Floor Space. Each single story dwelling constructed on a
Type D Lot shall contain a minimum of three thousand (3000) square
feet of floor space; each two story dwelling constructed on a Type D
Lot shall contain a minimum of three thousand five hundred (3500)
square feet of floor space. Floor space shall include air-conditioned
floor areas, exclusive of porches, garages, patios, terraces or
breezeways attached to the main dwelling
(e) Height. The maximum height for structures on Type D Lots shall be
forty (40) feet.
(f) Driveways. Driveways fronting on a street on Type D Lots shall be
constructed of any of the following materials: colored concrete, brick
pavers, stone, interlocking pavers, stamped concrete, salt finish
concrete, concrete with stone or brick border OR any other treatment
as approved by the Director of Development Services.
No broom finish concrete driveways will be allowed.
Item 5f
25
(g) Exterior Surfaces. The exterior facades of a main building or
structure, excluding glass windows and doors, shall be constructed of
one hundred (100) percent masonry. Cementatious fiber board is
considered masonry, but may only constitute twenty (20) percent of
the area for stories other than the first story. However, cementatious
fiber board may not be used as a façade cladding material for portions
of upper stories that are in the same vertical plane as the first story.
Cementatious fiber board may also be used for architectural features,
including window box-outs, bay windows, roof dormers, garage door
headers, columns, chimneys not part of an exterior wall, or other
architectural features approved by the Building Official.
No cementatious fiber board or any other siding material will be
allowed on any front elevation nor on any side/rear elevation which is
visible from an adjacent community street, common area, open space,
park or perimeter.
(h) Windows. All window framing shall be bronzed, cream, sand or white
anodized aluminum, vinyl or wood.
(i) Roofing. The main roof pitch of any structure shall have a minimum
slope of 10” in 12”.
(j) Garages.
(1) Homes shall have a minimum of two (2) car garages but no
more than four (4). No carports shall be permitted.
(2) Homes with three (3) or four (4) garages shall not have more
than two (2) garage doors facing the street.
(3) All garage doors shall incorporate three (3) of the following
details:
(a) Single garage doors separated by a column (in place
of one double garage door)
(b) Cedar clad garage doors
(c) Cedar trim garage doors
(d) Carriage style doors with ornamental hardware.
(k) Plate Height. Each structure on a Type D Lot shall have a minimum
principal plate height of 10’ on the first floor.
(l) Fencing. Fences, walls and/or hedges on Type D lots shall be
constructed to meet the following guidelines.
Item 5f
26
(1) All Type D Lots backing or siding to Open Space or park
land shall have a decorative metal fence, minimum 4 foot in
height, abutting said open space.
(2) All other fencing shall be constructed of cedar, board-to-
board with a top rail, and shall be supported with galvanized
steel posts, 8 foot OC. A common fence stain color as well
as fence detail shall be established for the community by the
developer.
(3) Corner lots adjacent to a street require 18” masonry columns
be placed at 21 feet OC.
(4) No fencing shall extend beyond a point fifteen feet (15’)
behind the front wall plane of the structure into the front yard.
(m) Landscaping.
(1) Corner lots adjacent to a street require additional trees be
planted in the side yard @ 30 feet OC.
(2) The front, side and rear yard must be fully sodded with grass
and irrigated by an ET irrigation system.
(n) Accessory Structures. Accessory structures used as a garage, a
garage apartment, storage or guest house will not be allowed.
Item 5f
27
1870 Single Family Homes*
*The maximum total number of lots allowed per this ordinance is 1870; west of
Legacy, the maximum number of lots allowed per this ordinance is 750; east
of Legacy, the maximum number of lots allowed per this ordinance is 1120.
**Any unused “number of lots” from the Type A category may be added to the
Type B category so as to increase the number of Type B lots with no increase
in the overall PD density of 1870 lots.
TABLE 1
Lot Type A Lot Type B Lot Type C Lot Type D
Min. permitted lot
sizes
6875 sq. ft. 8125 sq. ft. 10260 sq. ft. 11610 sq. ft.
Min. permitted
number of lots
No minimum. No minimum. 231 143
Max. permitted
number of lots
709** 784** No maximum. No maximum.
Min. Front Yard 25 ft. 25 ft. 30 ft. 30 ft.
Min. Side Yard
Corner Lot
7 ft.
15 ft.
7 ft.
15 ft.
8 ft.
15 ft.
8 ft.
15 ft.
Min. Rear Yard 25 ft. 25 ft. 25 ft. 25 ft.
Max. building
Height
40 ft. 40 ft. 40 ft. 40 ft.
Max. Lot Coverage 55% 50% 45% 45%
Min. Lot Width 55 ft. 65 ft. 76 ft. 86 ft.
Min. Lot Depth 100 ft. 100 ft. 110 ft. 125 ft.
Min. Dwelling Area 1800 sq. ft. single
story
2000 sq. ft. two
story
2300 sq. ft. single
story
2650 sq. ft. two
story
2500 sq. ft. single
story
3000 sq. ft. two
story
3,000 sq. ft. single
story
3500 sq. ft. two
story
Item 5f
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III. Retail Tracts
A. General Description: The areas identified as Retail Tracts will provide the
ability to encourage and to accommodate the development of office and retail
service centers within growth corridors located along the North Dallas Tollway
extension. The property within these areas may develop under the standards for
Retail and Office districts as contained within the Town of Prosper Zoning
Ordinance as it exists or may be amended, subject to the specific provisions
contained herein below.
B. Permitted Uses: In addition to those permitted uses as allowed per the Retail
and Office districts of the Town of Prosper Zoning Ordinance, the following uses
shall be permitted in the retail areas indicated on Exhibit “D”:
1. Hotels
2. Auto Sales/Leasing and Service S
C. Max. FAR: Max. FAR for buildings taller than two (2) stories shall be 1.5:1.
D. Building Heights: The permitted height of all buildings within the retail areas of
the Planned Development District shall be as follows:
a. The allowed height for Hotels, Office buildings and Hospitals located within
the retail tracts shall be eight (8) stories, not greater than one hundred (100)
feet. All other uses shall be limited to two (2) stories, not greater than forty
(40) feet.
b. Non-residential buildings located within one hundred fifty feet (150’) of a
single-family zoned area shall be limited to a maximum height of two (2)
stories.
c. Non-residential buildings, which exceed two (2) stories in height, shall be
required to have additional setbacks from single-family zoned areas. These
additional setbacks will require one foot (1’) of setback, beyond the
aforementioned one hundred fifty feet (150’), for each additional foot of
building height above two (2) stories.
E. Lot Area: The minimum area of any lot shall be ten thousand (10,000) square
feet.
F. Lot Width: The minimum width of any lot shall be one hundred feet (100’).
G. Lot Depth: The minimum depth of any lot shall be one hundred (100’).
H. Lot Coverage: In no case shall more than fifty percent (50%) of the total lot area
be covered by the combined area of the main buildings. Parking structures and
surface parking facilities shall be excluded from the coverage computations.
Item 5f
29
Exhibit D
Concept Plan
Item 5f
Item 5f
30
Exhibit E
Development Schedule
Barring any unforeseen changes in the current market or economic conditions it is
currently anticipated that the development of StarTrail will begin immediately upon
approval and adoption of this zoning ordinance. The initial phase of residential
development would be completed within approximately twelve months following
ordinance adoption. The following phases of construction will be largely dependent
upon market demand however, it is currently anticipated that additional residential
phases will be completed at approximate twelve month intervals. Under this scenario
the residential portion of this development could be completed within twelve to fifteen
years following approval of the zoning ordinance.
The commercial portion of the project will also be dependent upon market conditions as
well as additional development throughout the area including the construction of the
Dallas North Tollway. It is expected that some initial commercial projects will be
completed within the next ten years however, full build-out of the commercial sites may
not occur for 15 years or more.
There are numerous factors that may have additional impacts upon the development
schedule that are beyond the control of the developer. Among these are housing and
commercial market conditions, economic and financial conditions, construction
materials and labor availability, acts of nature and other similar conditions.
Item 5f
31
Exhibit F -
CONCEPTUAL SINGLE FAMILY ELEVATIONS - The elevations on the following
pages are artists’ concepts, the following elevations shall be representative of the
architectural style, color, and material selections for the single family dwellings in
Star Trail.
55 Ft. Lot Product -
Item 5f
32
65 Ft. Lot Product -
Item 5f
33
76 Ft. Lot Product -
Item 5f
34
86 Ft. Lot Product -
Item 5f
35
86 Ft. Lot Product (cont’d.) -
Item 5f
Page 1 of 2
To: Mayor and Town Council
From: Chris Copple, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 27, 2014
Agenda Item:
Consider and act upon an Ordinance rezoning 621.1± acres, located on the northeast and
northwest corners of U.S. 380 and Preston Road, from Planned Development-2 (PD-2),
Planned Development-3 (PD-3), Planned Development-13 (PD-13), Agricultural (A), and Single
Family-15 (SF-15) to Planned Development-Single Family-
10/Townhome/Multifamily/Office/Retail/Commercial (PD-SF-10/TH/MF/O/R/C). (Z09-0013).
Description of Agenda Item:
On May 13, 2014, the Town Council approved zoning case Z09-0013, by a vote of 6-1 subject
to the following conditions:
1. The conceptual elevations or photographs contained in the proposed Planned Development
Ordinance shall contain the following language: The following elevations (or photographs, where
appropriate) shall be representative of the architectural style, color and material selections
depicted therein.
2. Maximum Number of Apartments and Townhomes; Location. Apartments shall not exceed
600 units and town homes shall not exceed 150 units. Apartments shall be constructed in (i)
that portion of subdistrict 2 immediately east of the BNSF railroad line, south of Lovers Lane,
north of the Lifestyle Center and west of the proposed north-south greenbelt, (ii) the area
bordered on the north by Lovers Lane, on the east by Coleman Street, on the south by the
Lifestyle Center, and on the west by the proposed north-south greenbelt, and (iii) that
portion of subdistrict 3 immediately east of the BNSF railroad line, north of Lovers Lane and
west of the proposed north-south greenbelt. Town homes may be constructed in (i) the
same locations as the apartments referenced herein, (ii) adjacent to First Street in subdistrict
3 and (iii) that area west of Coleman Street, north of Lovers Lane and east of the proposed
north-south greenbelt.
3. Timing Requirements for Multifamily and Townhome Construction. Upon the issuance by
the Town of tenant certificates of occupancy for at least 300,000 square feet of retail
development on the property, the developer may construct up to 300 multifamily units and
150 townhome units. Upon the issuance by the Town of tenant certificates of occupancy for
at least a total of 600,000 square feet of retail development on the property, the developer
may construct up to an additional 300 multifamily units.
Prosper is a place where everyone matters.
PLANNING
Item 5g
Page 2 of 2
4. For nonresidential buildings in any subdistrict, a minimum of twenty-five percent (25%) of the
front façade and any side façades shall be natural or manufactured stone. A minimum of
twenty percent (20%) of the rear façade of any building along U.S. Highway 380 shall be
natural or manufactured stone; all other rear façades facing a public right-of-way shall be a
minimum of ten percent (10%) natural or manufactured stone unless a landscape screen
consisting of a double row of evergreen canopy trees is provided along said right-of-way.
5. Townhomes and multifamily units shall be constructed of a minimum of twenty percent
(20%) natural or manufactured stone or integral color split-faced block. Stucco shall only be
permitted on the second floor of a townhome unit or higher, or the third floor of a multifamily
building or higher.
6. I further move to direct Town staff to review whether that portion of Lovers Lane between
U.S. Highway 380 and Preston Road adjacent to the Willow Ridge residential development
shall be designated by the Town as a “no through truck” route. In the event that a future
traffic impact study indicates that this section of Lovers Lane should be a two-lane collector,
the developer shall proportionately increase its landscape buffers along that section of
Lovers Lane. I additionally move to direct Town staff to review alternate median
landscaping for this portion of roadway.
Town staff has prepared an ordinance rezoning the property.
Legal Obligations and Review:
Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving
a zoning request and adopting an ordinance rezoning property. A public hearing has been held
and the Town Council approved the zoning case. The attached ordinance is a standard format
that was previously approved by the Town Attorney, Terrence Welch.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town staff recommends the Town Council adopt an ordinance rezoning 621.1± acres, located
on the northeast and northwest corners of U.S. 380 and Preston Road, from Planned
Development-2 (PD-2), Planned Development-3 (PD-3), Planned Development-13 (PD-13),
Agricultural (A), and Single Family-15 (SF-15) to Planned Development-Single Family-
10/Townhome/Multifamily/Office/Retail/Commercial (PD-SF-10/TH/MF/O/R/C).
Proposed Motion:
I move to adopt an ordinance rezoning 621.1± acres, located on the northeast and northwest
corners of U.S. 380 and Preston Road, from Planned Development-2 (PD-2), Planned
Development-3 (PD-3), Planned Development-13 (PD-13), Agricultural (A), and Single Family-
15 (SF-15) to Planned Development-Single Family-
10/Townhome/Multifamily/Office/Retail/Commercial (PD-SF-10/TH/MF/O/R/C).
Item 5g
TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-__
AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20,
ORDINANCE NO. 00-03, ORDINANCE NO. 00-09, AND ORDINANCE NO. 04-
47; REZONING A TRACT OF LAND CONSISTING OF 621.07 ACRES, MORE
OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY,
ABSTRACT NO. 147, B. RENISON SURVEY, ABSTRACT NO. 755, AND J.
YARNALL SURVEY, ABSTRACT NO. 1038, IN THE TOWN OF PROSPER,
COLLIN COUNTY, TEXAS, HERETOFORE ZONED PLANNED
DEVELOPMENT-2 (PD-2), PLANNED DEVELOPMENT-3 (PD-3), PLANNED
DEVELOPMENT-13 (PD-13), AGRICULTURAL (A), AND SINGLE FAMILY-15
(SF-15) IS HEREBY REZONED AND PLACED IN THE ZONING
CLASSIFICATION OF PLANNED DEVELOPMENT-SINGLE FAMILY-
10/TOWNHOME/MULTIFAMILY/OFFICE/RETAIL/COMMERCIAL (PD-SF-
10/TH/MF/O/R/C); DESCRIBING THE TRACT TO BE REZONED; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that Zoning Ordinance No. 05-20, Ordinance No. 00-03, Ordinance
No. 00-09, and Ordinance No. 04-47 should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Blue
Star Allen Land, LP and 183 Land Corporation, Inc. (“Applicant”) to rezone 621.07 acres of land,
more or less, situated in the Collin County School Land Survey, Abstract No. 147, B. Renison
Survey, Abstract No. 755, and J. Yarnall Survey, Abstract No. 1038 in the Town of Prosper,
Collin County, Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all
other requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
Item 5g
Ordinance No. 14-__, Page 2
SECTION 2
Amendments to Zoning Ordinance No. 05-20, Ordinance No. 00-03, Ordinance No. 00-
09, and Ordinance No. 04-47. Zoning Ordinance No. 05-20, Ordinance No. 00-03, Ordinance
No. 00-09, and Ordinance No. 04-47 is amended as follows: The zoning designation of the
property containing 621.07 acres of land, more or less, situated in the Collin County School
Land Survey, Abstract No. 147, B. Renison Survey, Abstract No. 755, and J. Yarnall Survey,
Abstract No. 1038 in the Town of Prosper, Collin County, Texas, (the “Property”) and all streets,
roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned
Development-Single Family-10/Townhome/Multifamily/Office/Retail/Commercial (PD-SF-
10/TH/MF/O/R/C). The Property as a whole and for this zoning classification is more particularly
described in Exhibit “A” attached hereto and incorporated herein for all purposes as if set forth
verbatim.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the statement of intent and purpose,
attached hereto as Exhibit “B”; 2) the planned development standards, attached hereto as
Exhibit “C”; 3) the concept plan, attached hereto as Exhibit “D”; 4) the development schedule,
attached hereto as Exhibit “E”; 5) and the supplemental design guidelines, attached hereto as
Exhibit “F”, which are incorporated herein for all purposes as if set forth verbatim. Except as
amended by this Ordinance, the development of the Property within this Planned Development
District must comply with the requirements of all ordinances, rules, and regulations of Prosper,
as they currently exist or may be amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original
records and shall not be changed in any matter.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
Written notice of any amendment to this District shall be sent to all owners of properties
within the District as well as all properties within two hundred feet (200’) of the District to be
amended.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
Item 5g
Ordinance No. 14-__, Page 3
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 6
Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 27TH DAY OF MAY, 2014.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
Item 5g
Ordinance No. 14-__, Page 4
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
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K:\FRI_Civil\68109005-Gates Zoning\MK Files from Dallas\Planning\PD Ordinance\Gates of Prosper PD Ord_7th Mark-
Ups.doc
Gates of Prosper
Planned Development Ordinance
September 2009 (Original Submittal)
Resubmittal June 2011
Resubmittal November 2013
Resubmittal February 2014
Resubmittal March 2014
Resubmittal April 2014
Resubmittal May 2014
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Planned Development No. ____ P a g e | ii May 2014
Town Council
Ray Smith, Mayor
Meigs Miller, Mayor Pro-Tem, Place 4
Kenneth Dugger, Deputy Mayor Pro-Tem, Place 2
Michael Korbuly, Place 1 Curry Vogelsang Jr., Place 3
Danny Wilson, Place 5 Jason Dixon, Place 6
Planning and Zoning Commission
Mark DeMattia, Chair
Mike McClung, Vice Chair
Rick Turner, Secretary
Craig Moody Bruce Carlin
Bill Senkel Chris Keith
Town Staff
Harlan Jefferson, Town Manager
Hulon T. Webb, Jr., P.E., Executive Director of Development & Community Services
Chris Copple, AICP, Director of Development Services
Consultants
O’Brien & Associates Architecture
Kimley-Horn and Associates, Inc.
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Planned Development No. ____ P a g e | iii May 2014
TABLE OF CONTENTS
PROJECT FOUNDATION...........................................................................................................1
Relationship to Town of Prosper Comprehensive Plan ................................................................................ 1
ZONING REGULATIONS ...........................................................................................................2
Exhibit A—Zoning Exhibit & Legal Description ......................................................................................... 2
Exhibit B—Statement of Intent and Purpose ................................................................................................ 5
Exhibit C—Planned Development Standards ............................................................................................... 6
Planned Development General Provisions ............................................................................................ 7
Subdistrict 1—Regional Retail ............................................................................................................... 8
Subdistrict 2—Lifestyle Center ............................................................................................................. 13
Subdistrict 3—Downtown Center ......................................................................................................... 24
Subdistrict 4—Residential Neighborhood ............................................................................................ 31
General Requirements .......................................................................................................................... 34
Permitted Use Matrix ........................................................................................................................... 40
Infrastructure Design Standards .......................................................................................................... 50
Definitions ............................................................................................................................................ 51
Exhibit E—Development Schedule ............................................................................................................ 53
Exhibit F—Supplemental Design Guidelines ............................................................................................. 55
Design Principles ................................................................................................................................. 56
Site Design ............................................................................................................................................ 57
Building Design .................................................................................................................................... 58
Public Realm Design ............................................................................................................................ 60
Urban Residential Development Guidelines ........................................................................................ 61
APPENDICES
Appendix A—Zoning Exhibit & Legal Description (Exhibit “A”)
Appendix B—Conceptual Development Plan (Exhibit “D”)
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Planned Development No. ____ P a g e | 1 May 2014
RELATIONSHIP TO TOWN OF PROSPER COMPREHENSIVE PLAN
Pursuant to Section 1.2 of the Town of Prosper Zoning Ordinance, zoning regulations and districts are
established in accordance with an adopted Comprehensive Plan. The proposed Planned Development
being an amendment to the Town of Prosper Zoning Ordinance, is consistent with the Town’s
Comprehensive Plan.
The proposed PD mirrors the specifications and intent of the Town Center District, as defined in the
Comprehensive Plan, providing for mixed uses as well as retail and commercial development. It
specifically meets Goal No. 1 of the Comprehensive Plan by providing a variety of land uses which will
lead to a more diverse tax base. It will be an environment which encourages a desired lifestyle for
residents to live, work, shop, eat and relax. It also provides for the desired transitional uses leading into
the Town’s Old Town District.
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Planned Development No. ____ P a g e | 2 May 2014
EXHIBIT “A”
ZONING EXHIBIT & LEGAL DESCRIPTION
The Zoning Exhibit and legal description of the area within the proposed Planned Development is
included in Appendix ‘A’ as Exhibit ‘A’.
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Planned Development No. ____ P a g e | 3 May 2014
LEGAL DESCRIPTION
621.07 ACRES
BEING of a tract of land out of the ED BRADLEY SURVEY, Abstract No. 86, the COLLIN COUNTY
SCHOOL LAND SURVEY, Abstract No. 147, the B. RENISON SURVEY, Abstract No. 755 and the
JOHN YARNELL SURVEY, Abstract No. 1038, in the Town of Prosper, Collin County, Texas, being all
of the 16.496 acre Tract Five, all of the 125.92 acre Tract Six, being all of the 123.85 acre Tract Seven, all
of the 10.068 acre Tract Eight, all of the 27.672 acre Tract Nine, all of the 99.96 acre Tract Ten recorded
in Collin County Clerk’s File No. 97-0005168 of the Land Records of Collin County, Texas and being
part of the 157.13 acre tract of land described in deed to Blue Star Allen Land, L.P., recorded in Volume
6074, Page 2102 of the Deed Records of Collin County, Texas, Being all of the 0.38 acre tract of land
described in deed to Blue Star Land, Ltd. Recorded in Document No. 20100809000819450 of the Official
Public Records of Collin County, Texas and being more particularly described as follows;
BEGINNING at a point for the intersection of the centerline of U.S. Highway 380 (variable width ROW)
and the centerline of the Burlington Northern Railroad (100’ ROW at this point);
THENCE with said centerline of the Burlington Northern Railroad, North 11º23’13” East, a distance of
2716.96 feet to a point for corner;
THENCE leaving the centerline of the Burlington Northern Railroad, the following courses and distances
two wit:
South 89º15’40” West, a distance of 123.47 feet to a point for corner;
North 00º57’41” West, a distance of 2704.85 feet to a point in the centerline of First Street;
THENCE with the centerline of First Street, the following courses and distances to with:
North 89º37’06” East, a distance of 509.94 feet to a point for corner;
South 86º07’09” East, a distance of 202.29 feet to a point for corner;
North 89º38’54” East, a distance of 454.43 feet to a point for corner;
THENCE leaving said centerline, the following courses and distances to wit:
South 00º45’07” West, a distance of 313.06 feet to a point for corner;
North 89º29’33” East, a distance of 481.12 feet to a point for corner;
North 00º21’57” West, a distance of 311.69 feet to a point for corner in the centerline of said First
Street;
THENCE with the centerline of First Street, North 89º38’54” East, a distance of 377.25 feet to a point
for corner;
THENCE leaving said centerline, the following courses and distances to wit:
South 00º06’52” East, a distance of 314.43 feet to a point for corner;
North 89º49’10” East, a distance of 189.92 feet to a point for corner;
North 00º09’58” West, a distance of 104.29 feet to a point for corner;
North 89º41’07” East, a distance of 455.63 feet to a point for corner in the centerline of Coleman
Street;
THENCE with the centerline of said Coleman Street, South 00º05’32” East, a distance of 177.82 feet to a
point for corner;
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Planned Development No. ____ P a g e | 4 May 2014
THENCE leaving said centerline, the following courses and distances to wit:
South 89º56’58” East, a distance of 257.38 feet to a point for corner;
North 02º09’39” East, a distance of 71.99 feet to a point for corner;
North 89º18’22” East, a distance of 555.18 feet to a point for corner;
South 00º58’50” East, a distance of 673.52 feet to a point for corner;
South 76º42’56” East, a distance of 185.47 feet to a point for corner;
South 76º51’24” East, a distance of 321.53 feet to a point for corner;
South 89º06’24” East, a distance of 1107.37 feet to a point for corner in the centerline of Craig
Road;
THENCE with the centerline of said Craig Road, North 00º04’32” East, a distance of 842.40 feet
to a point for corner;
THENCE leaving said centerline, the following courses and distances to wit:
North 89º30’30” East, a distance of 205.11 feet to a point for corner;
North 00º05’59” West, a distance of 299.98 feet to a point for corner in the centerline of said First
Street;
THENCE with the centerline of First Street, North 89º31’34” East, a distance of 1084.95 feet to a point
for corner;
THENCE leaving the centerline of said First Street, the following courses and distances to wit:
South 01º02’13” East, a distance of 1546.12 feet to a point for corner;
South 89º20’50” West, a distance of 899.18 feet to a point for corner;
South 32º50’09” West, a distance of 339.04 feet to a point for corner;
North 54º21’333” West, a distance of 401.98 feet to a point for corner in the east right-of-way line of
Preston Road (State Highway 289 – variable width ROW);
THENCE with said east right-of-way line, South 33º37’47” West, a distance of 423.21 feet to a point for
corner;
THENCE leaving said east right-of-way lien, he following courses and distances to wit:
South 54º19’15” East, a distance of 408.23 feet to a point for corner;
South 00º03’08” East, a distance of 3183.53 feet to a point for corner in the centerline of said U.S.
Highway 380;
THENCE with said centerline, the following courses and distances to wit:
South 89º12’47” West, a distance of 2794.95 feet to a point for corner;
South 89º46’43” West. a distance of 2671.91 feet to the POINT OF BEGINNING and containing
621.07 acres of land.
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EXHIBIT “B”
PLANNED DEVELOPMENT STATEMENT OF INTENT & PURPOSE
The purpose of the proposed Planned Development District is to accommodate a mix of office, retail,
personal service, residential and community activities by providing four individual but integrated
Subdistricts. This will be accomplished through the incorporation of the Planned Development Standards
and Design Guidelines contained in Exhibits C and F, respectively. Although the Planned Development
Standards provide criteria for development within each distinct Subdistrict, the Standards are formulated
in such a manner as to allow each Subdistrict to develop as one integral part of the collective Planned
Development.
The Conceptual Development Plan includes vehicular and pedestrian linkages that serve both functional
and aesthetic roles. The proposed thoroughfare system has been designed to allow for safe and efficient
vehicular circulation internal to the site as well as to connect to the existing thoroughfare system external
to the development. Furthermore, focal points and terminuses have been provided within the
thoroughfare system and pedestrian linkages to enhance the visual aesthetic of the overall design.
Pedestrian scale design elements will also be incorporated into the site design in order to foster high
quality street and sidewalk environments.
An essential element to the overall site is the incorporation of an open space system to provide for both
active and passive recreational opportunities. The open space system will consist of landscape and
hardscape elements such as plazas, greens, trails, pathways and parks for the residents and visitors of the
development. These elements within the proposed development will be ultimately located so as to
provide recreational opportunities within convenient proximity to as many users as possible.
The standards contained within this Planned Development District will help to achieve the vision for the
overall development. These standards have been formulated so as to provide specificity where necessary
and provide flexibility to allow for creative design.
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EXHIBIT “C”
Planned development standards
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1.0 PLANNED DEVELOPMENT GENERAL PROVISIONS
1.1 GENERAL
The purpose of the proposed Planned Development District is to accommodate a mix of office,
retail, personal service, residential and community activities to serve the needs of the new
residents as well as the existing residents in the general area. Terms used in this ordinance shall
have the same definition as given in Town of Prosper Zoning Ordinance (Ordinance 05-20), in
effect at the time of adoption of this Planned Development Ordinance, unless otherwise defined
herein.
1.2 SUBDISTRICTS DEFINED
1.3.1 Subdistrict 1—Regional Retail. Subdistrict 1, as depicted on the Conceptual
Development Plan (Exhibit D) shall serve the purpose of providing for the needs of the
community by facilitating the development of regional-serving retail, personal service,
and office uses.
1.3.2 Subdistrict 2—Lifestyle Center. Subdistrict 2, as depicted on the Conceptual
Development Plan (Exhibit D) shall serve the purpose of providing a compact,
neighborhood and pedestrian scale mixture of office, retail, personal service, residential
and community activities on single or contiguous building sites.
1.3.3 Subdistrict 3—Downtown Center. Subdistrict 3, as depicted on the Conceptual
Development Plan (Exhibit D) shall serve the purpose of providing an active living and
working community benefiting and enhancing the existing downtown area located on the
north side of First Street.
1.3.4 Subdistrict 4—Residential Neighborhood. Subdistrict 4, as depicted on the Conceptual
Development Plan (Exhibit D) shall serve the purpose of providing a planned residential
community to serve the needs of the Town by facilitating a range of housing
opportunities (e.g., Single-family detached).
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2.0 subdistrict 1—regional retail
2.1 GENERAL PURPOSE AND DESCRIPTION
The Regional Retail Subdistrict will serve the purpose of providing for the needs of the
community by facilitating the development of regional-serving retail, personal service, and office
uses. The development standards included in this Subdistrict are generally consistent with the
Retail, Commercial and Office zoning districts in the existing Town of Prosper Zoning
Ordinance. The Design Guidelines and architectural standards are intended to define the design
theme for this Subdistrict as well as to integrate with adjacent Subdistricts. The uses that will be
permitted in this Subdistrict will assist in meeting the intent of providing a regional retail district,
personal service, hotel and office uses. Residential uses are not anticipated in this Subdistrict.
2.2 SITE CRITERIA
2.2.1 Property Development Regulations. The proposed land uses shall conform to the
property development regulations in Tables 2-1 and 2-2.
Table 2-1. Size of Yards
Land Use(1) Front Side Corner Rear
Retail 30 ft. (2) 30 ft. (2)
Commercial 30 ft. (2) 30 ft. (2)
Office 30 ft. (2) 30 ft. (2)
Notes
1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed
Use Land Uses.
2. Minimum setback of 15 feet adjacent to a nonresidential district. Minimum setback of 40
feet for a one story building and 60 feet for a two story building adjacent to a residential
district. Setback may be eliminated for attached buildings.
Table 2-2. Size of Lots and Lot Coverage
Land Use(1)
Minimum
Lot Area
Minimum
Lot Width
Minimum
Lot
Depth(2)
Maximum
Lot
Coverage
Maximum
FAR
Retail 10,000 sq. ft. 100 ft. 100 ft. 40%(3) 0.4:1.0
Commercial 10,000 sq. ft. 100 ft. 100 ft. 50%(3) 0.5:1.0
Office 7,000 sq. ft. 70 ft. 100 ft. 50%(3) 1.5:1.0
Notes
1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed
Use Land Uses.
2. Mutual access agreements may be allowed to satisfy legal frontage requirements for
individual lots which do not have legal frontage requirements along a public right of way
with Town staff approval (Director of Development Services).
3. Includes main buildings. Parking structures and surface parking facilities shall be
excluded from the coverage computations.
2.2.2 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining
to parking standards.
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2.3 BUILDING CRITERIA
2.3.1 Maximum Building Height. All structures in Subdistrict 1 shall conform to the building
height requirements set forth in Table 2-3 below. Building height shall be measured to
the highest point of a roof surface.
Table 2-3. Maximum Building Height
Building Type Height (1) # Stories
Non-Residential 40 ft. 2
Notes
1. Non-habitable elements integral to the design of buildings shall be allowed to exceed the
height limit in accordance with Ordinance Chapter 4 Section 9.5.
2.3.2 Maximum Building Length. There shall be no maximum length for buildings located
within Subdistrict 1. However, all buildings shall be required to conform to the Building
Articulation standards set forth in the Town’s zoning ordinance.
2.3.3 Building Materials. Exterior materials used in the construction of buildings shall comply
with the following standards.
a. All building façade’s shall be architecturally
finished with 100% masonry with an allowance for
up to 10% secondary materials. Masonry finishes
include clay fired brick, natural and manufactured
stone, cast stone, granite, marble, architectural
concrete block, textured and painted concrete tilt-
wall. Textured and painted concrete tilt-wall shall
be limited to 50% on the front façade and 75% on
the side façades. Windows, doors and accent
materials shall be excluded from the façade area for
the purposes of calculating percentages.
b. No single material shall exceed more than eighty (80) percent of an elevation area. A
minimum of twenty-five (25) percent of the front and side façades shall be natural or
manufactured stone. A minimum of twenty (20) percent of the rear façade of any
building along U.S. Highway 380 shall be natural or manufactured stone; all other
rear facades facing a public right-of-way shall be a minimum of ten (10) percent
natural or manufactured stone unless a landscape screen consisting of a double row of
evergreen canopy trees is provided along said right-of-way.
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c. Secondary building materials include EIFS as a
cornice, band, medallion, etc., quality wood such
as, cedar, redwood, ipe, etc. (for example), tile,
ornamental metal, metal canopies, canvas, metal
awnings, or stucco. Other secondary materials
not specifically noted herein may be allowed only
if approved by the Town. EIFS and stucco is not
allowed on the first nine (9’) feet of a structure.
2.3.4 Window Areas. Shall not exceed 80% of any façade area for buildings located in
Subdistrict 1. Windows shall have a maximum exterior visible reflectivity of 10%.
2.3.5 Building Entries. Building entries shall be clearly defined by incorporating
distinguishing architectural features, awnings, canopies, lighting, signage or building
articulation.
2.3.6 Awnings, Canopies, Arcades and Overhangs. These elements shall be designed and
materials shall be used to complement the building design. They should be located to be
as functional as possible, and with consideration to landscape areas that may be impacted
by their placement.
2.3.7 Above-Grade Structured Parking. When structured garages are provided, sufficient
access from the right-of-way, or fire lane and access easements shall be provided.
Entrances and exits shall be clearly marked for vehicles as well as pedestrians. The
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exterior façade of the parking structure if visible from the street, shall incorporate similar
design elements and finishes as the surrounding buildings in order to minimize the visual
impact and shall be designed to minimize visibility from the street.
Parking structures should be oriented in a manner to avoid a general site line from the
intersection of Preston/US 380 unless otherwise approved by the Town.
2.4 PERMITTED USES
2.4.1 General. The following general conditions shall apply to Subdistrict 1.
a. Big Box uses are permitted by right within Subdistrict 1.
2.4.2 Permitted Use Matrix. The permitted uses within Subdistrict 1 shall be in accordance
with the Permitted Use Matrix in Section 6.6 of this Ordinance.
2.5 CONCEPTUAL RENDERING
The following conceptual renderings shall be representative of the architectural style, color and
material selections depicted therein.
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3.0 subdistrict 2—LIFESTYLE center
3.1 GENERAL PURPOSE AND DESCRIPTION
The Life Style Subdistrict will serve the purpose of providing a compact, neighborhood and
pedestrian-scale mixture of office, retail, personal service, residential and community activities on
single or contiguous building sites. The development standards for non-residential and mixed-use
development included in this Subdistrict are generally consistent with the Retail and Office
zoning districts in the existing Town of Prosper Zoning Ordinance, while the development
standards for residential development are generally consistent with the Townhome and
Multifamily zoning districts in the existing Town of Prosper Zoning Ordinance. The Design
Guidelines and architectural standards are intended to define the “Town Center” design theme for
this Subdistrict by providing opportunities for mixed-use development that includes both vertical
and/or horizontal integration. Urban design elements will be incorporated into the construction of
the multifamily developments within this project. Buildings will be designed to provide active
street-fronts that encourage pedestrian activity. The buildings will be arranged such that the
viewing of any surface, and/or structured parking is minimal from the surrounding public streets.
These developments will be amenitized with carefully arranged, high-quality open spaces to
provide a maximum number of premium units while also providing a high level of connectivity to
the overall development. The provision of centrally located open space elements coupled with
the proposed development standards will allow for a pedestrian-friendly community. This
lifestyle center is intended to be unique in nature to create an image which will encourage a
regional draw from throughout the Metroplex. It may also include entertainment type uses as
well as Big Box users which would attract patrons from other Cities in and around the Metroplex.
3.2 SITE CRITERIA
3.2.1 Property Development Regulations. The proposed land uses and housing types shall
conform to the property development regulations in this Section. The proposed land uses
within Subdistrict 2 may utilize the Urban Standards in Tables 3-3, 3-4 and 3-5. In
addition, where Urban Standards are utilized, these standards shall apply to an entire
block length so as not to disrupt the continuity of the streetscape.
Table 3-1. Size of Yards
Land Use/Housing Type(1)
Minimum
Front(5)
Minimum
Side
Minimum
Corner(5)
Minimum
Rear
Retail 5 ft. (2) 5 ft. (2)
Commercial 5 ft. (2) 5 ft. (2)
Office 5 ft. (2) 5 ft. (2)
Mixed Use 5 ft. (2) 5 ft. (2)
Townhome(3) 5 ft. 5 ft.(4) 5 ft. 20 ft.
Multifamily, Urban Living 5 ft. (2,4) 5 ft. (2)
Notes
1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed
Use Land Uses.
2. Minimum setback of 10 feet adjacent to a nonresidential district. Minimum setback of
25 feet adjacent to a residential district. Setback may be eliminated for attached
buildings.
3. Vehicular access for Townhomes shall be provided at the rear of the unit via alleys
4. A minimum building separation of 15 feet is required between buildings. Zero feet
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between individual attached units.
5. Additional area needed for sidewalks, outdoor dining, landscaping, etc. may be provided
within public ROW and/or easements of the adjacent roadways upon approval by Town
staff.
Table 3-2. Size of Lots and Lot Coverage—Non-Residential & Mixed Use
Land Use(1)
Minimum
Lot Area
Minimum
Lot Width
Minimum
Lot
Depth
Maximum
Lot
Coverage
Maximum
FAR
Retail 10,000 sq. ft. 100 ft. 100 ft. 90%(2) 0.6:1.0
Commercial 10,000 sq. ft. 100 ft. 100 ft. 90%(2) 3.0:1.0
Office 7,000 sq. ft. 70 ft. 100 ft. 90%(2) 5.0:1.0
Mixed Use (Vertical) 10,000 sq. ft. 100 ft. 100 ft. 100%(2) 5.0:1.0
Notes
1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed
Use Land Uses.
2. Includes main buildings. Parking structures and surface parking facilities shall be
excluded from the coverage computations. Open space requirements can be accounted
for as per section 6.2.2.
Table 3-3. Size of Lots and Lot Coverage—Residential
Housing Type
Minimum
Lot Area
Minimum
Lot Width
Minimum
Lot
Depth
Maximum
Lot
Coverage
Maximum
Density
Townhome 2,500 sq. ft. 20 ft. 90 ft. 90% 10 du/ac
Multifamily, Urban
Living(2) 10,000 sq. ft. 80 ft. 100 ft. 90%(1) N/A
Notes
1. Includes main building, accessory buildings and structured parking facilities.
2. Minimum density requirement of 24 du/ac (net) excluding mixed-use vertical structures
which combine retail, office, etc. with residential units.
3.2.2 Minimum Dwelling Area.
a. Townhome. The minimum dwelling area shall be 1,500 square feet and a minimum
2 story.
b. Multifamily. The minimum dwelling area for a one bedroom unit shall be 700 square
feet; a two bedroom unit shall be 850 square feet. Additional bedrooms shall provide
an additional 150 square feet per bedroom.
3.2.3 Maximum Residential Dwelling Units. The maximum number of multi-family
residential dwelling units allowed within Sudistrict 2 shall be 600 units. However, the
maximum allowed number of multifamily units in this subdistrict shall be reduced by the
number of multifamily dwelling units constructed in any other subdistrict, such that the
maximum allowable number of multifamily units for this Planned Development District
does not exceed 600 units. The maximum number of townhome dwelling units allowed
within Sudistrict 2 shall be 150 units. However, the maximum allowed number of
townhome units in this subdistrict shall be reduced by the number of townhome units
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constructed in any other subdistrict, such that the maximum allowable number of
townhome units for this Planned Development District does not exceed 150 units.
3.2.4 Location Requirements for Multifamily and Townhome Construction. Apartments
shall be constructed in (i) that portion of Subdistrict 2 immediately east of the BNSF
railroad line, south of Lovers Lane, north of the Lifestyle Center and west of the
proposed north-south greenbelt, (ii) the area bordered on the north by Lovers Lane, on the
east by Coleman Street, on the south by the Lifestyle Center, and on the west by the
proposed north-south greenbelt, and (iii) that portion of Subdistrict 3 immediately east
of the BNSF railroad line, north of Lovers Lane and west of the proposed north-south
greenbelt. Townhomes may be constructed in (i) the same locations as the apartments
referenced herein, (ii) adjacent to First Street in Subdistrict 3 and (iii) that area west of
Coleman Street, north of Lovers Lane and east of the proposed north-south greenbelt.
3.2.5 Timing Requirements for Multifamily and Townhome Construction. Upon the issuance
by the Town of tenant Certificates of Occupancy for at least 300,000 square feet of retail
development the developer may construct up to 300 multifamily units and up to 150
Townhome units. Upon the issuance by the Town of tenant Certificates of Occupancy
for at least 600,000 square feet of retail the developer may construct up to a total of 600
multifamily units.
3.2.6 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining
to parking standards.
3.3 BUILDING CRITERIA
3.3.1 Maximum Building Height. All structures in Subdistrict 2 shall conform to the building
height requirements set forth in Table 3-7 below. Building height shall be measured to
the highest point of a roof surface.
Table 3-6. Maximum Building Height
Building Type Height (1) # Stories
Non-Residential (2) 80 ft. 5
Hotel 145 ft. 12
Office 145 ft. 12
Mixed Use (Vertical) 80 ft. 5
Townhome 40 ft. 3(6)
Multifamily, Urban Living(3) 80 ft. 5(4)
Parking Structures(5) 80 ft. 4
Notes
1. Non-habitable elements integral to the design of buildings shall be allowed to exceed the
height limit in accordance with the Town’s Zoning Ordinance Chapter 4, Section 9.5.
2. Includes all non-residential buildings except hotel, office buildings and mixed use.
Hospitals will have an allowed height of 12 stories.
3. Refer to Section 8.0 for definition of building type.
4. No structure shall exceed two stories or 40’ when located 150 feet or less from a single
family zoning district.
5. Main parking structure should not exceed the height of adjacent building it is serving. The
maximum allowed height is reduced to 40’ if predominately visible to public ROW unless
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otherwise approved by the Town.
6. The minimum height of a townhome is 2 stories.
3.3.2 Maximum Building Length. There shall be no maximum length for buildings located
within Subdistrict 2. However, all buildings shall be required to conform to the Building
Articulation standards set forth in Section 3.3.7.
3.3.3 Building Materials. Exterior materials used in the construction of buildings shall comply
with the following standards.
a. Non-Residential and Multifamily building types shall comply with the following
standards:
1. All building façade’s shall be
architecturally finished with 100%
masonry with an allowance for up to 10%
secondary materials. Masonry finishes
include clay fired brick, natural and
manufactured stone, cast stone, granite,
marble, architectural concrete block, and
textured and painted concrete tilt-wall
(non-residential building types only).
Stucco may be used on areas of facades
that are at least nine (9) feet above grade on non-residential buildings and on
the third floor and above for multifamily buildings. Textured and painted
concrete tiltwall shall be limited to 50% on the front façade and 75% on the
side façades. Windows, doors, porches, gables, balconies and accent
materials shall be excluded from the façade area for the purposes of
calculating primary building materials.
2. The front and side facades of all multifamily buildings shall be finished with
a minimum twenty (20) percent natural or manufactured stone or integral
color split-faced block.
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3. The front and side facades of all non-residential buildings shall be finished
with a minimum of twenty-five (25) percent natural or manufactured stone.
4. A minimum of twenty (20) percent of the rear façade of any building along
U.S. Highway 380 shall be natural or manufactured stone. All other rear
facades facing a public right-of-way shall be a minimum of ten (10) percent
natural or manufactured stone unless a landscape screen consisting of a
double row of evergreen canopy trees is provided along said right-of-way.
5. Windows, doors, porches, gables, balconies and accent materials shall be
excluded from the façade area for the purposes of calculating primary
building materials.
b. Townhome building types shall comply with the following standards.
1. The exterior facades shall be constructed at 100% masonry. Masonry
finishes include clay fired brick, natural and manufactured stone, cast stone,
stucco (second floor or above), and cementicious fiber board (not to exceed
50% of 2nd story, in a different vertical plane and above of any façade area).
Windows, doors and dormers shall be excluded from the façade area for the
purpose of calculating primary building materials.
2. Townhomes shall be a minimum of two stories.
3. Each townhome unit shall have an attached garage. Garages shall open to
the rear of the townhome and shall not face the public right-of-way.
Conceptual Photos – The following photographs shall be representative of the architectural style, color
and material selections depicted therein.
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3.3.4 Window Areas. Shall not exceed 80% of any façade area for buildings located in
Subdistrict 2. Windows shall have a maximum exterior visible reflectivity of 10%.
3.3.5 Building Entries. Building entries shall be clearly
defined by incorporating distinguishing architectural
features, awnings, canopies, lighting, signage or
building articulation.
3.3.6 Awnings, Canopies, Arcades and Overhangs. These elements shall be designed and
materials shall be used to complement the building design. They should be located to be
as functional as possible, and with consideration to landscape areas that may be impacted
by their placement.
3.3.7 Building Articulation.
a. Town Center. The Town Center is envisioned as a vibrant mixed use area at the heart
of Subdistrict 2, combining retail, restaurant, entertainment, living and working into a
pedestrian oriented destination not only for the “Gates” neighborhood but also for the
surrounding communities. To create an intimate pedestrian environment, buildings
should be designed to incorporate articulation both horizontally and vertically at
intervals of not more than 30 feet. Acceptable forms of
articulation shall include the following:
1. Canopies, awnings, or porticos
2. Wall recesses / projections
3. Arcades
4. Arches
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5. Display windows
6. Architectural details, such as tile work and moldings, integrated into the
building façade
7. Articulated ground floor levels or base
8. Articulated cornice line
9. Integrated planters or wing walls that
incorporate landscape and sitting areas
10. Offsets, reveals or projecting rib used to
express architectural or structural bays
11. Varied roof heights
b. Large Peripheral Buildings. All nonresidential buildings greater than 50,000 sf with
facades that face a street, have an entrance, or are highly visible from roads or
parking fields shall incorporate changes in wall plane with a depth of at least 6 feet,
both horizontally and vertically, at intervals of not more than 100 feet.
Building façades that do not face a street or are not visible from roads or parking
fields shall incorporate one of the following:
1. Repeating pattern of wall recesses and projections, pilasters, offsets or
reveals.
2. Changes of color, texture or material either horizontally or vertically at
intervals of not more than 60 feet.
3.3.8 Above-Grade Structured Parking. When structured garages are provided, sufficient
access from the right-of-way or fire lane and access easement shall be provided.
Entrances and exits shall be clearly marked for vehicles as well as pedestrians. The
exterior façade of the parking structure, if visible from the street, shall incorporate similar
design elements and finishes as the surrounding buildings in order to minimize the visual
impact and shall be designed to minimize visibility from the street.
Parking structures should be oriented in a manner to avoid a general site line from the
intersection of Preston/US 380 unless otherwise approved by the Town.
3.3.9 Projections into Setbacks and/or Rights-of-Way.
a. The following projections shall be permitted into a building setback or right-of-way
for non-residential or mixed-use buildings only.
1. Ordinary building projections, including, but not limited to water tables, sills,
belt courses, pilasters, and cornices may project up to 12 inches beyond a
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Planned Development No. ____ P a g e | 21 May 2014
building face or architectural projection into the setback, but not the right-of-
way.
2. Business signs and roof eaves may project up to 36 inches beyond the
building face or architectural projection into the setback, but not the right-of-
way.
3. Architectural projections, including balconies, bays, towers, and oriels; show
windows (1st floor only); below grade vaults and area-ways; and elements of
a nature similar to those listed; may project up to 48 inches beyond the
building face into the setback, but not the right-of-way.
4. Canopies and/or awnings may project from the building face over the entire
setback. Additionally, they may be extended into the right-of-way to be
within eight inches of the back of curb if used to provide a covered walkway
to a building entrance and as long as any canopy/awning support is no closer
than 24 inches from the back of curb.
5. Below-grade footings approved in conjunction with building permits.
Projections as described above shall only be permitted into a building setback or
right-of-way provided the following:
1. No projection shall be permitted into a building setback or right-of-way of
Preston Road, Lovers Lane, Coleman Street or US Highway 380, or any
other major or minor thoroughfare.
2. Such projections do not extend over the traveled portion of a roadway.
3. The property owner has assumed liability related to such projections
4. The property owner shall maintain such projection in a safe and non-
injurious manner.
b. Where balconies, awnings, stoops and front porches are provided for Townhome and
multifamily uses, they shall be permitted to encroach a maximum of five feet into the
front setback line.
3.4 MULTIFAMILY CRITERIA
Multifamily construction within this development shall conform to the following urban-style criteria:
1. Buildings will be oriented towards perimeter streets such that buildings adjacent to streets
with on-street parallel parking shall be constructed to a “build-to” line. That is a line parallel
to the street where the primary façade of the building must be built to. The build-to line will
be determined during the site planning process based upon the minimum distance that will
allow the required landscaping and pedestrian sidewalks to be installed between the building
and the adjacent street. In no case shall the build-to line be less than the minimum building
setback as provided for herein.
2. A minimum of forty (40) percent of the units will have private garages.
3. On-street parallel parking along public and private streets other than major or minor
thoroughfares is required and is allowed to count towards the required parking for the
adjacent development.
4. All on-site surface parking will be located towards the interior of the site to minimize viewing
from surrounding public streets.
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5. Tandem parking (ie. One parking space behind either a garage or carport parking space) shall
be allowed and considered in the calculation of the required parking.
6. Front porches and/or stoops are required on facades which front public streets.
7. Sidewalks with a minimum clear width of 6’ shall be constructed along all public streets
adjacent to multifamily developments. Clear width shall be increased to 7’ adjacent to
vertical mixed use developments.
8. A buffer region shall be established along all streets having on-street parking. The buffer
regions shall have a minimum width of six (6) feet and shall be continuous and located
adjacent to the curb. This region shall be planted with street trees located a minimum of four
(4) feet from the curb at an average spacing of not more than thirty (30) feet on center. Street
trees shall be a minimum of three (3) inch caliper when planted. Root barriers shall be used
in conjunction with all street trees.
9. Street furniture consisting of a minimum of a bench and a waste receptacle shall be located
within the buffer area in at least one location along each block.
Conceptual Photographs – The following photographs shall be representative of the architectural style,
color and material selections depicted therein.
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3.5 PERMITTED USES
3.5.1 General. The following general conditions shall apply to Subdistrict 2.
a. Big Box uses are permitted by right within Subdistrict 2.
3.5.2 Permitted Use Matrix. The permitted uses within Subdistrict 2 shall be in accordance
with the Permitted Use Matrix in Section 6.6 of this Ordinance.
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4.0 subdistrict 3—DOWNTOWN CENTER
4.1 GENERAL PURPOSE AND DESCRIPTION
The Downtown Center Subdistrict will serve the purpose of providing an active living and
working community benefiting from its proximity to the existing town core and the planned
Lifestyle and/or Regional Retail Centers to the south. The development standards for non-
residential and mixed-use development included in this Subdistrict are generally consistent with
the Retail, Commercial and Office zoning districts in the existing Town of Prosper Zoning
Ordinance, while the development standards for residential development are generally consistent
with the Townhome and Multifamily zoning districts in the existing Town of Prosper Zoning
Ordinance and/or the Life Style Standards outline herein. The Design Guidelines and
architectural standards are intended to define the “Downtown Center” design theme for this
Subdistrict by providing opportunities to leverage from the entertainment, office and/or retail
venues located within and/or adjacent to this Subdistrict. Open space elements will be located so
as to provide a central focal element for this Subdistrict, along with a proposed new Town
Hall/Governmental Center. The uses that will be permitted in this Subdistrict will allow for a
flexibility of options including medical campus, office, civic activities, and complementary
residential housing. This area could also be developed as a more traditional business
park/governmental center if proven to better fit the market demands for such a use.
4.2 SITE CRITERIA
4.2.1 Property Development Regulations. The proposed land uses and housing types shall
conform to the property development regulations in this Section. The proposed land uses
within Subdistrict 3 may utilize the Traditional Standards in Tables 4-1, and 4-2 or the
Urban Standards in Tables 4-3, 4-4 and 4-5. Where Urban Standards are utilized, these
standards shall apply to an entire block length so as not to disrupt the continuity of the
streetscape.
Table 4-1. Size of Yards
Land Use/Housing Type(1)
Minimum
Front(6)
Minimum
Side(4)
Minimum
Corner(6)
Minimum
Rear
Retail 5 ft. (2) 5 ft. (2)
Commercial 5 ft. (2) 5 ft. (2)
Office 5 ft. (2) 5 ft. (2)
Mixed Use (Vertical) 5 ft. (2) 5 ft. (2)
Townhome 20 ft.(3) 10 ft. 15 ft. 20 ft.(5)
Notes
1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed
Use Land Uses.
2. Minimum setback of 10 feet adjacent to a nonresidential district; Minimum setback of 15
feet adjacent to a residential district; Setback may be eliminated for attached buildings.
3. The front setback may be reduced to 10 feet where vehicular access is provided via a rear
alley.
4. Side setback shall be zero feet for interior units with a minimum building separation of 10
feet between buildings without openings (e.g., windows) and 15 feet between buildings
with openings.
5. The rear setback may be reduced to 10 feet where vehicular access is provided at the front
of the unit.
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6. Additional area needed for sidewalks, outdoor dining, landscaping, etc. may be provided
within public ROW and/or easements of the adjacent roadways upon approval of Town
Staff.
Table 4-2. Size of Lots and Lot Coverage—Non-Residential & Mixed Use (Vertical)
Land Use(1)
Minimum
Lot Area
Minimum
Lot Width
Minimum
Lot
Depth
Maximum
Lot
Coverage
Maximum
FAR
Retail 10,000 sq. ft. 70 ft. 100 ft. 50%(2) 0.6:1.0
Commercial 10,000 sq. ft. 70 ft. 100 ft. 50%(2) 3.0:1.0
Office 7,000 sq. ft. 70 ft. 100 ft. 60%(2) 5.0:1.0
Mixed Use (Vertical) 10,000 sq. ft. 70 ft. 100 ft. 100%(2) 5.0:1.0
Notes
1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed
Use Land Uses.
2. Includes main buildings. Parking structures and surface parking facilities shall be
excluded from the coverage computations.
3. Structural parking facilities and surface parking lots shall not be included in lot coverage
calculations.
Table 4-3. Size of Yards (Urban Standards)
Land Use/Housing Type
Minimum
Front
Minimum
Side
Minimum
Corner
Minimum
Rear
Townhome(2) 5 ft. 5 ft.(3) 5 ft. 20 ft.
Multifamily, Urban Living 5 ft. (1,3) 5 ft. (1)
Notes
1. Minimum setback of 10 feet adjacent to a nonresidential district. Minimum setback of 25
feet adjacent to a residential district. Setback may be eliminated for attached buildings.
2. Vehicular access for Townhomes shall be provided at the rear of the unit via alleys.
All garage doors are to be cedar/wood clad or equivalent. Metal garage doors are not
permitted.
3. A minimum building separation of 15 feet is required.
Table 4-4. Size of Lots and Lot Coverage—Residential
Housing Type
Minimum
Lot Area
Minimum
Lot Width
Minimum
Lot
Depth
Maximum
Lot
Coverage
Maximum
Density
Townhome 2,500 sq. ft. 20 ft. 90 ft. 90% 10 du/ac
Multifamily(2) 10,000 sq. ft. 80 ft. 100 ft. 90%(1) N/A
Notes
1. Includes main building, accessory buildings and structured parking facilities.
2. Minimum density requirement of 24 du/ac (net).
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4.2.2 Minimum Dwelling Area.
a. Townhome. The minimum dwelling area shall be 1,500 square feet and a minimum
2 story.
b. Multifamily. The minimum dwelling area for a one bedroom unit shall be 700 square
feet; a two bedroom unit shall be 850 square feet. Additional bedrooms shall provide
an additional 150 square feet per bedroom.
4.2.3 Maximum Residential Dwelling Units. The maximum number of multi-family
residential dwelling units allowed within Subdistrict 3 shall be 300 units. However, the
total number of multifamily units for all Subidstricts may not exceed 600 units. The
maximum number of Townhome units in Subdistrict 3 shall be 150 units. However, the
maximum combined number of Townhome units in all subdistricts may not exceed 150
units. Any residential units not developed within Subdistrict 3 shall be allowed to be
developed in Subdistrict 2 provided the density standards for each Housing Type (See
Tables 3-3 and 3-5) for Subdistrict 2 are followed.
4.2.4 Location Requirements for Multifamily and Townhome Construction. Apartments shall
be constructed in (i) that portion of Subdistrict 2 immediately east of the BNSF railroad
line, south of Lovers Lane, north of the Lifestyle Center and west of the proposed north-
south greenbelt, (ii) the area bordered on the north by Lovers Lane, on the east by
Coleman Street, on the south by the Lifestyle Center, and on the west by the proposed
north-south greenbelt, and (iii) that portion of Subdistrict 3 immediately east of the
BNSF railroad line, north of Lovers Lane and west of the proposed north-south greenbelt.
Townhomes may be constructed in (i) the same locations as the apartments referenced
herein, (ii) adjacent to First Street in Subdistrict 3 and (iii) that area west of Coleman
Street, north of Lovers Lane and east of the proposed north-south greenbelt.
4.2.5 Timing Requirements for Multifamily and Townhome Construction. Upon the issuance
by the Town of tenant Certificates of Occupancy for at least 300,000 square feet of retail
development the developer may construct up to 300 multifamily units and up to 150
Townhome units. Upon the issuance by the Town of tenant Certificates of Occupancy
for at least 600,000 square feet of retail the developer may construct up to a total of 600
multifamily units.
4.2.6 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining
to parking standards.
4.3 BUILDING CRITERIA
4.3.1 Maximum Building Height. All structures in Subdistrict 3 shall conform to the building
height requirements set forth in Table 4-5 below. Building height shall be measured to
the highest point of a roof surface.
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Table 4-5. Maximum Building Height (7)
Building Type Height (1) # Stories
Non-Residential (2) 60 ft. 4
Hotel 80 ft. 5
Office 100 ft. 8
Hospital 100 ft. 8
Townhome 40 ft. 3(6)
Multifamily, Urban Living(3) 80 ft. 5(4)
Parking Structures(5) 80 ft. 4
Notes
1. Non-habitable elements integral to the design of buildings shall be allowed to exceed the
height limit by a maximum of 20 feet.
2. Does not include hospitals, hotels, office, or medical office buildings.
3. Refer to Section 8.0 for definition of building type.
4. No structure shall exceed two stories or 40’ when located 150 feet or less from a single
family zoning district.
5. Main parking structure should not exceed the height of adjacent building it is serving. The
maximum allowed height is reduced to 40’ if generally visible to public ROW.
6. The minimum height of a townhome is two -story.
7. No structure within 750’ of First Street can exceed 4-stories in height (60 feet max.).
4.3.2 Maximum Building Length. There shall be no maximum length for buildings located
within Subdistrict 3. However, all buildings shall be required to conform to the Building
Articulation standards set forth in the Town’s zoning ordinance.
4.3.3 Building Materials. Exterior materials used in the construction of buildings shall comply
with the following standards.
a. Non-Residential and multifamily building types shall comply with the following
standards:
1. All building façade’s shall be architecturally finished with 100% masonry
with an allowance for up to 10% secondary materials. Masonry finishes
include clay fired brick, natural and manufactured stone, cast stone, granite,
marble, architectural concrete block, and textured and painted concrete tilt-
wall (non-residential building types only). Stucco may be used on areas of
facades that are at least nine (9) feet above grade on non-residential buildings
and on the third floor and above for multifamily buildings. Textured and
painted concrete tiltwall shall be limited to 50% on the front façade and 75%
on side façades. Windows, doors, porches, gables, balconies and accent
materials shall be excluded from the façade area for the purposes of
calculating primary building materials.
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2. The front and side facades of all multifamily buildings shall be finished with
a minimum twenty (20) percent natural or manufactured stone or integral
color split-faced block.
3. The front and side facades of all non-residential buildings shall be finished
with a minimum of twenty-five (25) percent natural or manufactured stone.
The rear façade of any non-residential building facing a public right-of-way
shall be finished with a minimum of ten (10) percent natural or manufactured
stone unless a landscape screen consisting of a double row of evergreen
canopy trees is provided along said right-of-way.
4. Windows, doors, porches, gables, balconies and accent materials shall be
excluded from the façade area for the purposes of calculating primary
building materials.
5. All multifamily criteria and conceptual photos in section 3.4 of this
ordinance also applies in this subdistrict.
b. Townhome building types shall comply with the following standards.
1. The exterior facades shall be constructed of 100% masonry. Masonry
finishes include clay fired brick, natural and manufactured stone, cast stone,
stucco (second floor and above), and cementicious fiber board (not to exceed
50% of 2nd story and above of any façade area). Windows, doors, porches,
columns and dormers shall be excluded from the façade area for the purpose
of calculating primary building materials.
2. Townhomes shall be a minimum of two stories.
3. Each townhome unit shall have an attached garage. Garages shall open to
the rear of the townhome and shall not face the public right-of-way.
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Conceptual Photos – The following photographs shall be representative of the architectural style, color
and material selections depicted therein.
4.3.4 Window Areas. There shall not exceed 80% of any façade area for buildings located in
Subdistrict 3. Windows shall have a maximum exterior visible reflectivity of 10%,
unless otherwise approved by the Director of Development Services or his/her designee.
4.3.5 Building Entries. Building entries shall be clearly defined by incorporating
distinguishing architectural features, awnings, canopies, lighting, signage or building
articulation.
4.3.6 Awnings, Canopies, Arcades and Overhangs. These elements shall be designed and
materials shall be used to complement the building design. They should be located to be
as functional as possible, and with consideration to landscape areas that may be impacted
by their placement.
4.3.7 Above-Grade Structured Parking. When structured garages are provided, sufficient
access from the right-of-way shall be provided. Entrances and exits shall be clearly
marked for vehicles as well as pedestrians. The exterior façade of the parking structure,
if visible from the street, shall incorporate similar design elements and finishes as the
surrounding buildings in order to minimize the visual impact and shall be designed to
minimize visibility from the street.
Parking structures should be oriented in a manner to avoid a general site line from the
intersection of Preston/US 380 unless otherwise approved by the Town.
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4.3.8 Projections into Setbacks and/or Rights-of-Way.
a. The following projections shall be permitted into a building setback or right-of-way
for non-residential or mixed-use buildings only.
1. Ordinary building projections, including, but not limited to water tables, sills,
belt courses, pilasters, and cornices may project up to 12 inches beyond a
building face or architectural projection into the setback, but not the right-of-
way.
2. Business signs and roof eaves may project up to 36 inches beyond the
building face or architectural projection into the setback, but not the right-of-
way.
3. Architectural projections, including balconies, bays, towers, and oriels; show
windows (1st floor only); below grade vaults and area-ways; and elements of
a nature similar to those listed; may project up to 48 inches beyond the
building face into the setback, but not the right-of-way.
4. Canopies and/or awnings may project from the building face over the entire
setback. Additionally, they may be extended into the right-of-way to be
within eight inches of the back of curb if used to provide a covered walkway
to a building entrance and as long as any canopy/awning support is no closer
than 24 inches from the back of curb.
5. Below-grade footings approved in conjunction with building permits.
Projections as described above shall only be permitted into a building setback or
right-of-way provided the following:
1. No projection shall be permitted into a building setback or right-of-way of
Lovers Lane, Coleman Street or Frost Street, or any other major or minor
thoroughfare.
2. Such projections do not extend over the traveled portion of a roadway.
3. The property owner has assumed liability related to such projections
4. The property owner shall maintain such projection in a safe and non-
injurious manner.
b. Where front porches are provided for Townhome uses, they shall be permitted to
encroach a maximum of five feet into the front setback line.
4.4 PERMITTED USES
4.4.1 General. The following general conditions shall apply to Subdistrict 3.
Additional commerical uses are allowed for the parcel(s) located on the west side of the
railroad as noted in Section 6.6 under Wholesale Uses and Manufacturing/Industrial
Uses.
4.4.2 Permitted Use Matrix. The permitted uses within Subdistrict 3 shall be in accordance
with the Permitted Use Matrix in Section 6.6 of this Ordinance.
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5.0 subdistrict 4—RESIDENTIAL NEIGHBORHOOD
5.1 GENERAL PURPOSE AND DESCRIPTION
The Residential Neighborhood Subdistrict will serve the purpose of providing a planned
residential community to serve the needs of the Town by facilitating a range of housing
opportunities. The development standards included in this Subdistrict are generally consistent
with the Single-Family-10, zoning district in the existing Town of Prosper Zoning Ordinance. By
providing additional housing opportunities in close proximity to the services included in the other
Subdistricts as well as varied transit opportunities will allow for an overall development that will
be more self-sufficient and ultimately more sustainable.
5.2 SITE CRITERIA
5.2.1 Property Development Regulations. The proposed housing types shall conform to the
property development regulations in Tables 5-1 and 5-2.
Table 5-1. Size of Yards
Housing Type
Minimum
Front
Minimum
Side
Minimum
Corner Minimum Rear
Single-Family 25 ft. 8 ft. 15 ft. 25 ft.
Table 5-2. Size of Lots and Lot Coverage
Building Type
Minimum
Lot Area
Minimum
Lot Width
Minimum
Lot
Depth
Maximum
Lot
Coverage
Maximum
Density
Single-Family 10,000 sq.
ft. 80 ft.(1) 125 ft. 50% 200 lots
Notes
1. The minimum lot width is defined as the minimum width as measured along the platted
building setback line.
5.2.2 Minimum Dwelling Area. The minimum dwelling area for standard residential uses
shall be as follows:
a. Single-Family. The minimum dwelling area shall be 2,100 square feet.
5.2.3 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining
to parking standards.
5.2.4 Private Street Development. Restricted access or gated entrances may be permitted as
means of establishing a private street development or
gated community within Subdistrict 4 via a specific use
permit.
5.2.5 Garage Entry. Garages with ‘L’ or ‘J’ hook driveway
entrances shall be permitted in Subdistrict 4.
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5.3 PERMITTED USES
The permitted uses within Subdistrict 4 shall be in accordance with the Permitted Use Matrix in
Section 6.6 of this Ordinance.
5.4 CONCEPTUAL ELEVATIONS
The following elevations shall be representative of the architectural style, color and material
selections depicted therein.
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6.0 GENERAL REQUIREMENTS
6.1 PLAN APPROVAL PROCESSES
6.1.1 General. Development shall generally take place in accordance with the attached
Conceptual Development Plan (Exhibit D), Design Guidelines (Exhibit F) and
Conceptual Thoroughfare Plan (Exhibit H).
6.1.2 Conceptual Development Plan. Plats and/or site plans submitted for the development of
the PD District shall conform to the data presented and approved on the Conceptual
Development Plan (Exhibit D). Changes of detail on these final development plan(s) that
differ from the Conceptual Development Plan (Exhibit D) may be authorized by the
Planning & Zoning Commission, with their approval of the final development plan(s) and
without public hearing, if the proposed changes do not:
1. Alter the basic relationship of the proposed development to adjacent property
2. Alter the uses permitted,
3. Increase the density,
4. Increase the building height,
5. Increase the coverage of the site,
6. Reduce the off-street parking ratio
7. Reduce the building lines provided at the boundary of the site, or
8. Significantly alter any open space plans
If the Planning & Zoning Commission determines that the proposed change(s) violates
one (1) or more of the above eight (8) criteria, then a public hearing must be held to
adequately amend the PD District’s granting ordinance prior to the Planning & Zoning
Commission’s approval of the final development plan(s).
Any change to the boundaries of an individual Subdistrict that results in a change of less
than 15% of the land area for that Subdistrict may be authorized by the Director of
Development Services or his/her designee.
6.2 OPEN SPACE
6.2.1 General. The open space and parkland
dedication requirements shall be in
accordance with the Town’s zoning
ordinance unless specified herein and/or
other requirements / regulations are
established via a developer’s agreement
with the Town at which time the
authorized Developer’s Agreement will
hold precedence over this Planned
Development and/or the Town’s zoning
Ordinance requirements.
6.2.2 Design Criteria. Land utilized to satisfy Open Space requirements shall meet the
following criteria, as relevant:
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Planned Development No. ____ P a g e | 35 May 2014
a. A maximum of 1/2 of the required on-site Open Space for either Townhome or
Multifamily development may be located off the platted lot however, within 1000’ of
any unit of a development towards which it will be counted with respect to the
Townhome or Multifamily development but within the boundary of the overall
Planned Development provided the off-site and on-site Open Space is interconnected
by a minimum eight-foot trail system.
b. Required Open Space for non-residential areas do not have to be located on the
individual platted lots but allocated as part of the overall master plan and/or site plan.
6.3 PARKING REQUIREMENTS
6.3.1 General. The following general standards shall apply.
a. The number of parking spaces provided for uses shall be in accordance with the
requirements established in Section 6.3.2 of these standards.
b. Where on-street parking is provided, angled as well as parallel parking shall be
permitted. On-street parking shall not be permitted within 30 feet of the curb line of
a cross street, drive or common access easement.
c. On-street parking spaces shall be permitted within Subdistricts 2 and 3 within this
Planned Development. Parking spaces may be provided in the right-of-way and shall
conform to Town standards for vehicle parking areas. No on street parking spaces
will be allowed on major or minor thoroughfares.
d. Vehicle maneuvering shall be allowed within the public right-of-way where on-street
parking is provided.
e. When structured parking garages are provided, adequate access from public rights-of-
way via private drives and/or access easements shall be made readily available.
f. Parking aisles, where practicable, shall be designed to be perpendicular to the front of
the primary building in the development.
g. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel
stops, and/or bollards.
h. Speed bumps/humps are not permitted within a fire lane. However, speed tables may
be permitted within a fire lane provided they are approved by the Town of Prosper
Fire Department at the time of plat and/or site plan submittal.
i. Dead-end parking aisles are discouraged and shall only be permitted in unique
circumstances upon approval by the Director of Development Services or his/her
designee.
j. In the case of mixed uses, uses may share parking spaces where the practicability of
shared parking can be demonstrated. The applicant shall submit a parking analysis to
the Director of Development Services demonstrating the feasibility of shared parking.
The parking analysis shall address, at a minimum, the size and type of the proposed
development, location of required parking, the composition of tenants, the anticipated
rate of parking turnover, and the anticipated peak parking and traffic loads for all
uses that will be sharing off-street parking spaces. The applicant shall also
demonstrate that any parking reduction requested as part of the shared parking study
will not result in the spillover of parking onto other properties.
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k. Outdoor patio and sidewalk dining, as well as other public seating areas, are
permitted; these areas shall be included in parking calculations at a rate of 50% of
standard requirements.
l. Surface parking is allowed in urban living multifamily development as long as the
parking areas other than on-street parking are located internal to the multifamily
development and are screened from public right of way through the use of
landscaping and/or walls and structures.
m. For vertical mixed use developments, no more than one drive with parking on both
sides is allowed between the mixed use structure and the public ROW(s) unless
otherwise approved by the Town.
6.3.2 Parking Requirements Based on Use. In all Subdistricts, at the time any building or
structure is erected or structurally altered, parking spaces shall be provided in accordance
with the following requirements:
Assisted Living Facility or Congregate Care Facility: 1.1 parking spaces per
dwelling unit.
Automobile Oil Change and Similar Establishments: One parking space per
service bay plus one parking space per maximum number of employees on a shift.
The stacking requirements shall be 3 stacking spaces per bay.
Dwellings, Townhomes: Two spaces for each unit. Townhome units with one-car
garages shall be permitted to satisfy this requirement through tandem parking spaces
by providing one covered space and one space located directly adjacent to the garage,
provided the tandem parking spaces have minimum dimensions of nine feet by
twenty feet. Townhome units with two-car garages shall provide two covered spaces,
located behind the front building line, and two maneuvering spaces for each unit.
Permitted on-street parking shall count toward the required off-street parking
requirement provided the space(s) are within 300 feet of the property line of the
affected lot.
Dwellings, Multifamily: One and one-half spaces for one bedroom units, plus one-
half additional space for each additional bedroom. The required number of spaces
shall be no less than 1.8 spaces per dwelling unit overall. Covered or enclosed
parking shall not be required for Multifamily Dwellings except as specified in other
sections of this ordinance. Where provided, covered or enclosed parking shall be
counted to satisfy the minimum off-street parking requirements. Covered or enclosed
parking may be a part of the dwelling structures or an accessory building. Tandem
parking spaces shall be permitted to satisfy parking requirement provided they are
located in front of a garage and have minimum dimensions of nine feet by twenty
feet.
Gasoline Station: Minimum of three spaces for employees. Adequate space shall
be provided for waiting, stacking, and maneuvering automobiles for refueling. A
convenient store portion of a gas station shall be parked at a ratio of one parking
space per 250 square feet of gross floor area.
Mail Kiosks. Mail Kiosks shall have a minimum of five of the required parking
spaces for the development within 50 feet, unless a drive-through facility is provided.
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Medical or Dental Office: One space per 250 square feet of floor area. Facilities
over 20,000 square feet shall use the parking standards set forth for hospitals.
Retail Store or Personal Service Establishment, Except as Otherwise Specified
Herein: One space per 250 square feet of gross floor area.
Restaurant, Cafe or Similar Dining Establishment: One parking space for each
100 square feet of gross floor area.
6.4 DETENTION PONDS
Detention Ponds located adjacent to Preston Road or at other high visibility locations as generally
depicted on Exhibit D, shall be treated as open space amenities and landscaped as such. If there
are no prohibitive regulatory permitting issues or design constraints, these ponds will be
constructed to maintain a constant normal pool elevation. The Town’s engineering department
shall review and confirm any design constraints that would preclude the pond from maintain a
constant pool elevation. Detention ponds located in less visible locations shall be fully vegetated
with turfgrass and designed to drain completely and allow ease of maintenance. All visible
outfall structures shall be faced with stone.
6.5 LANDSCAPING
6.5.1 General. All required landscape areas shall comply with the specific standards contained
in the Town of Prosper Zoning Ordinance except as noted herein.
6.5.2 Landscape Area Requirements. The below standards shall be applied consistent with the
land uses specified below.
a. Non-Residential and Mixed Use. These standards apply to Non-Residential and
Mixed-Use land uses.
1. All retail buildings which back to US 380 shall be screened with the planting
of a double row of evergreen trees such as eastern red cedars or other similar
tree that will provide a continuous screen. The evergreen trees used for the
screen shall be a minimum of 8 foot tall at the time of planting. There will
also be additional berming and planting of smaller shrubs and trees within
the water line easements along Highway 380 to the extent allowed by the
Town.
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2. Where on-street parking is provided, a minimum six-foot wide buffer yard
shall be established in the right-of-way. The area shall be located adjacent to
the curb and be planted with street trees located a minimum distance of four
feet from the back of curb, with an average spacing no greater than 50 feet on
center. All trees shall be a minimum of four caliper inches when planted.
Due to the location of the street trees, root barriers shall be provided. The
area shall also provide space for street furniture such as seating, street
lighting, waste receptacles, fire hydrants, traffic signs, newspaper vending
boxes, bus stops, bicycle racks, and public utilities. The placement of any
items in the public right-of-way is subject to the approval of the Town’s
staff. If approved by the Town, a sidewalk with tree wells may abut the curb
in lieu of said criteria.
b. Multifamily. These standards apply to multifamily land uses.
1. Perimeter Requirements.
(a) Thoroughfares. A landscape area consisting of living trees, turf or
other living ground cover and being at least an average of 25 feet in
width measured from the property line interior to the property shall
be provided adjacent to and outside of the right-of-way on Lovers
Lane, Coleman Street, and Richland Boulevard. A maximum
deviation of five feet of the minimum width of the landscape area is
permitted, provided the minimum average width of 25 feet or 30
feet; respectively, is maintained. One Large Tree, four-inch caliper
minimum per 30 lineal feet of roadway frontage shall be planted
within the required landscape area. The trees may be planted in
groups with appropriate spacing based on species. A minimum of 15
shrubs with a minimum size of five gallons each will be planted in
the landscape area for each 30 lineal feet of frontage. Parking
abutting the landscape area will be screened from the adjacent
roadway. The required screening may be with shrubs or earthen
berms.
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Planned Development No. ____ P a g e | 39 May 2014
(b) Collectors or Other Roadway. A landscape area consisting of living
trees, turf or other living ground cover and being at least an average
of 15 feet in width measured from the property line interior to the
property shall be provided adjacent to all other collector streets,
where on-street parking is not provided. A maximum deviation of
three feet of the minimum width of the landscape area is permitted,
provided the minimum average width of ten feet is maintained.
Where on-street parking is provided, a minimum six-foot wide buffer
yard shall be established in the right-of-way. The area shall be
located adjacent to the curb and be planted with street trees located a
minimum distance of four feet from the back of curb, with an
average spacing no greater than 50 feet on center. All trees shall be a
minimum of three caliper inches when planted. Due to the location
of the street trees, root barriers shall be provided. The area shall also
provide space for street furniture such as seating, street lighting,
waste receptacles, fire hydrants, traffic signs, newspaper vending
boxes, bus stops, bicycle racks, and public utilities. If approved by
the Town, a sidewalk with tree wells may abut the curb in lieu of
said criteria.
2. Interior Parking. Any multifamily surface parking area shall provide interior
landscaping as follows:
(a) Twenty square feet of landscaping for each parking space shall be
provided within the paved boundaries of the parking lot area.
(b) All landscaped areas shall be protected by a raised 6-inch concrete
curb. Pavement shall not be placed closer than four feet from the
trunk of a tree unless a Town approved root barrier is utilized.
(c) Landscape islands shall be located at the terminus of all parking
rows, and shall contain at least one Large Tree, four-inch caliper
minimum, with no more than 12 parking spaces permitted in a
continuous row without being interrupted by a landscaped island.
The maximum number of continuous parking spaces may be
expanded with approval by the Director of Development Services or
his/her designee, in the event that required islands are grouped to
form larger islands.
(d) Landscape islands shall be a minimum of 160 square feet, not less
than nine feet wide and a length equal to the abutting space.
(e) There shall be at least one Large Tree, three-inch caliper minimum,
within 150 feet of every parking space. This minimum distance may
be expanded with approval by the Director of Development Services
or his/her designee, in the event that required islands are grouped to
form larger islands.
(f) Subject to approval by the Director of Development Services or
his/her designee, landscape islands may be grouped to form one large
island. Grouping for large islands is prohibited adjacent to public
street frontage.
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Planned Development No. ____ P a g e | 40 May 2014
(g) These standards shall not apply to structured parking facilities.
3. Building Landscaping. Foundation plantings of a single row of shrubs are
required along the front façade of all buildings adjacent to a public street.
4. Irrigation Requirements. Permanent irrigation shall be provided for all
required landscaping as follows:
(a) Irrigation lines shall be placed a minimum of two and one-half feet
from a Town sidewalk or alley. Reduction of this requirement is
subject to review and approval by the Town Engineer.
(b) Trees and shrubs shall be irrigated by bubbler irrigation lines only.
Other landscaping may be irrigated by spray irrigation. Separate
valves shall be provided to turn off the spray irrigation line during
periods of drought or water conservation.
(c) Rain, freeze, and wind detectors shall be installed on all irrigation
lines.
6.6 SIGNAGE
The developer will follow the Town’s standard signage ordinance with the understanding it can
create a special purpose sign district per Section 1.12 of the Town’s sign ordinance for each
development phase to meet the unique needs of the overall development.
6.7 PERMITTED USE MATRIX
SUBDISTRICT
RESIDENTIAL USES 1 2 3 4
Mobile and /or Manufactured Homes Model Home
Multifamily Dwelling (including loft, work/live units and studio
apartments)
Private Street Development (excluding MF) S S S
Retirement Community Residential Development (RCRD Housing) S S S
Single Family Dwelling, Attached (Townhome) Retirement Housing 12
Single Family Dwelling, Detached
Two Family Dwelling (Duplex)
SUBDISTRICT
ACCESSORY & INCIDENTAL USES 1 2 3 4
Accessory Building
Caretaker's/Guard's Residence
Construction Yard and Field Office, Temporary TEMPORARY BUILDING PERMIT
ISSUED BY BUILDING OFFICIAL
Electronic security facilities including gatehouse and control counter
Garage Apartment (not to be rented)
Guest House (see conditions in Zoning Ordinance; over .5 acre lot)
Homebuilder Marketing Center 1 1 1 1
Home Occupation 2 2 2
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Planned Development No. ____ P a g e | 41 May 2014
SUBDISTRICT
ACCESSORY & INCIDENTAL USES (continued) 1 2 3 4
Mail Kiosk
Mobile Food Vendor Retail/Service Incidental Use
Storage Facilities and uses (incidental to primary use) Temporary Building – see conditions in Town Zoning Ord. (Section
2.0) S S S S
EDUCATIONAL, INSTITUTIONAL, PUBLIC
AND SPECIAL USES
SUBDISTRICT
1 2 3 4
Airport/Heliport Assisted Care or Living Facility, including Memory Care S S Athletic Stadium or Field, Private 3 3 3
Athletic Stadium or Field, Public
Cemetery or Mausoleum Civic/Convention Center College, University, Trade, or Private Boarding School Community Center
Farm, Ranch, Stable, Garden, or Orchard
Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority Helistop S S
Rehabilitation Care Institution 14 14
Hospital Household Care Facility S S
House of Worship
Municipal Uses Operated by the Town of Prosper
Museum/Art Gallery Open Storage – see conditions in Town Zoning Ord. Park or Playground
Private Recreation Center
Public Recreation Facilities
Rehabilitation Care Facility Rehabilitation Care Institution School, Public
School, Private or Parochial S
TRANSPORTATION, UTILITY
AND COMMUNICATIONS USES
SUBDISTRICT
1 2 3 4
Antenna and/or Antenna Support Structure, Non-Commercial 4 4 4
Antenna and/or Antenna Support Structure, Commercial Stealth Antenna, Commercial 5 5 5 Bus Terminal S S Carting or Express Hauling Electric Power Generating Plant
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Planned Development No. ____ P a g e | 42 May 2014
TRANSPORTATION, UTILITY SUBDISTRICT
AND COMMUNICATIONS USES (continued) 1 2 3 4
Landfill
Office and Storage Area for Public/Private Utility Private Utility, Other Than Listed
Radio and Television Studios and Broadcasting Facilities School District Bus Yard 6 6 6 Sewage Treatment Plant/Pumping Station S S S S
Telephone Exchange S
Transit Center S S Utility Distribution/Transmission Facility S S S S
Water Treatment Plant S S S S
SUBDISTRICT
OFFICE AND PROFESSIONAL USES 1 2 3 4
Administrative, Medical, or Professional Office Corporate Campus Governmental Office Insurance Office Multi-Tenant Office Building Research and Development Center –see conditions in Town Zoning
Ord. S S S
SUBDISTRICT
RETAIL USES 1 2 3 4
Antique Shop and Used Furniture Alcohol Sales (Must comply with all the conditional standards in the
zoning ordinance as it exists, or may be amended.)
Building Material and Hardware Sales, Major S Building Material and Hardware Sales, Minor Convenience Store with Gas Pumps 10 10 10 Convenience Store without Gas Pumps Equipment and Machinery Sales and Rental, Major Equipment and Machinery Sales and Rental, Minor Farmer's Market S S S Feed Store Flea Market, Inside Flea Market, Outside Furniture, Home Furnishings and Appliance Store Gas Pump as Accessory Use 13 13 Nursery, Major S S Nursery, Minor Pawn Shop Retail Stores and Shops
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Planned Development No. ____ P a g e | 43 May 2014
SUBDISTRICT
SERVICE USES 1 2 3 4
Artisan's Workshop Bank, Savings and Loan, or Credit Union Beauty Salon/Barber Shop Bed and Breakfast Inn S
Body Art Studio Business Service Cabinet/Upholstery Shop Campground or Recreational Vehicle Park Catering Establishments Commercial Amusement, Indoor
Commercial Amusement, Outdoor S S S
Computer Sales and Repairs
Contractor's Shop and/or Storage Yard
Dance Hall S S
Day Care Center, Adult S S S
Day Care Center, Child 7 7 7 7
Day Care Center, In-Home 8 8 8
Day Care Center, Incidental S S S S
Dinner Theater
Dry Cleaning, Minor
Fairgrounds/Exhibition Area S S
Fortune Teller/Psychic
Furniture Restoration S
Golf Course and/or Country Club S S S Gunsmith Gymnastics/Dance Studio Health/Fitness Center Hotel – see conditions in Town Zoning Ord., Household Appliance Service and Repair Indoor Gun Range 9 9 9 Landscaping Service Laundromat Locksmith/Security System Company Massage Therapy, Licensed Massage Therapy, Unlicensed Medical and Health Care Facilities/Clinics Messenger/Courier and Telegraph Services Mortuary/Funeral Parlor S S S Motel Pest Control/Exterminating Shops Pet Day Care – see conditions in Town Zoning Ord. Print Shop, Minor
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Planned Development No. ____ P a g e | 44 May 2014
SUBDISTRICT
SERVICE USES (continued) 1 2 3 4
Private Club S S S
Residence Hotel – See conditions in Town Zoning Ord. Restaurant or Cafeteria Restaurant, Drive Through 16 16 16 Sexually Oriented Uses Small Engine Repair Shop Stable, Commercial Taxidermist Theater, Drive In Theater, Neighborhood
Theater, Regional
Trailer Rental
Veterinarian Clinic and/or Kennel, Indoor Veterinarian Clinic and/or Kennel, Outdoor
SUBDISTRICT
AUTOMOBILE AND RELATED USES 1 2 3 4
Auto Parts Sales, Inside Auto Parts Sales, Outside Automobile Parking Lot/Garage Automobile Paid Parking Lot/Garage Automobile Repair, Minor Automobile Sales / Leasing, New 11 11 11 Automobile Sales, Used Automobile Storage Car Wash S S Car Wash, Self-Serve Motorcycle Sales/Service S S S Recreational Vehicle/Truck Parking Lot or Garage Recreational Vehicle Sales and Service, New/Used 9 9 9 Salvage Yard Truck/Bus Repair Truck Sales, Heavy Trucks Truck Terminal
SUBDISTRICT
WHOLESALE USES 1 2 3 4
Apparel Distribution Center 15 Bottling Works 15 Clothing, Footwear and Textile Center 15 Food Product Distribution Center 15 Mini-Warehouse/Public Storage S Office/Showroom 15
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Planned Development No. ____ P a g e | 45 May 2014
SUBDISTRICT
WHOLESALE USES (continued) 1 2 3 4
Office/Warehouse/Distribution Center 15
Storage or Wholesale Warehouse 15 Winery S
SUBDISTRICT
MANUFACTURING AND INDUSTRIAL USES 1 2 3 4
Bakery (Commercial) Concrete/Asphalt Batching Plant, Permanent
Concrete/Asphalt Batching Plant, Temporary TEMPORARY BUILDING PERMIT
ISSUED BY BUILDING OFFICIAL
General Manufacturing/Industrial Use Complying with Performance
Standards 15
Limited Assembly and Manufacturing Use Complying with
Performance Standards 15
Machine Shop Mineral Extraction Miscellaneous Hazardous Industrial Uses Portable Building Sales S Recycling Collection Point 15 Recycling Center S Recycling Plant Trailer/Mobile Home Display and Sales
LEGEND
Use permitted in district indicated
Use prohibited in district indicated
S Use is permitted in district upon approval of a specific use permit
1 Use is permitted in the Subdistrict indicated in accordance with the conditional development
standards or limitations in the corresponding numeric end note in Section 6.6.1 of this Ordinance.
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Planned Development No. ____ P a g e | 46 May 2014
6.7.1 Conditional Development Standards.
1. Homebuilder Marketing Center. Shall be used only to market homes/lots in the
development where it is located when located in a residential zoning district. The use
must be removed when all homes/lots in the development have been sold.
2. Home Occupation. A home occupation is a business that is customarily carried on in
a home by the resident and shall adhere to all of the following conditions and
requirements:
(a) No signage associated with the home occupation and visible from outside of
the dwelling shall be allowed on the premises.
(b) Only two employees other than the occupants of the residence may be
employed on-site at any one time. This shall not include the coordination or
supervision of employees who do not regularly visit the house for purposes
related to the business.
(c) Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. for outdoor
activities.
(d) Outdoor activities are not allowed, unless the activities are screened from
neighboring property and public rights-of-way.
(e) No exterior storage of material, equipment, vehicles, and/or supplies used in
conjunction with the home occupation.
(f) The home occupation shall not produce offensive noises, vibrations, smoke,
dust, odors, heat or glare beyond the property lines.
(g) A home occupation shall not serve as an office or storage facility for a
vehicle fleet operation in which fleet vehicles visit the site.
(h) No major alterations to the property or exterior of the dwelling unit shall be
allowed that changes the residential character of the home.
(i) No repair or servicing of vehicles, internal combustion engines, large
equipment or large appliances shall be allowed.
(j) No storage of hazardous materials for business purposes shall be allowed on
the premises.
(k) Merchandise shall not be offered or displayed for sale on the premises. Sales
incidental to a service shall be allowed; and orders previously made by
telephone or at a sales party may be filled on the premises.
(l) No traffic shall be generated by a home occupation in greater volumes than
normally expected in a residential neighborhood, and any need for parking
must be accommodated within the off-street parking provided for the
residence (i.e. the driveway or garage) and along the street frontage of the
lot.
Homeowners/occupants who establish an occupation in their residence must adhere
to all of the above conditions.
3. Athletic Stadium or Field, Private. Only permitted by Specific Use Permit when
developed in conjunction with a School, Private or Parochial.
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4. Antenna, Non-Commercial.
(a) Satellite Dishes and Wireless Broadband Antennas
(1) In Subdistrict 4 (Single Family Detached), satellite dishes and
wireless broadband antennas are permitted only on the back half of a
residential structure or in the back yard of a residential lot unless a
signal cannot be received in these areas. Should a satellite dish or
wireless broadband antenna be placed somewhere other than on the
back half of a residential structure or in the back yard of a residential
lot, it shall be limited to not more than two feet in diameter. Only
three satellite dishes and/or wireless broadband antennas shall be
permitted per lot or primary structure. One of the three satellite
dishes and/or wireless broadband antennas on a residential structure
and/or lot may be up to 12 feet in diameter. The other two satellite
dishes and/or wireless broadband antennas shall not exceed two feet
in diameter.
(2) In Subdistricts 2 and 3 (Townhome and Multifamily), satellite dishes
and wireless broadband antennas are permitted only on the back half
of a residential structure or in the back yard of a residential lot unless
a signal cannot be received in these areas. Should a satellite dish or
wireless broadband antenna be placed somewhere other than on the
back half of a residential structure or in the back yard of a residential
lot, it shall be limited to not more than two feet in diameter. Only
three satellite dishes and/or wireless broadband antennas shall be
permitted per residential unit. One of the three satellite dishes and/or
wireless broadband antennas on a residential unit may be up to 12
feet in diameter. The other two satellite dishes and/or wireless
broadband antennas shall not exceed two feet in diameter.
(b) Non-commercial antennas shall not interfere with radio or television
reception of adjoining property owners, and shall comply with all regulations
of the Federal Communications Commission (FCC). In no case shall the
height of such antennas exceed 45 feet and proper guy wire securement shall
be followed. In no manner shall the use of such equipment infringe upon
adjoining property owners. Roof mounted satellite dishes in excess of 50
pounds shall be approved by a registered architect or professional engineer
by written letter to the building official, prior to installation, stating the
antenna's stability and support and shall not extend more than six feet above
the first story.
5. Antenna, Stealth. Stealth antennas are permitted by right in the residential land uses
within a Subdistrict only as a secondary use when the primary use on the lot is a
church, school, athletic stadium or field, or public utility structure. Stealth antennas
are permitted by right in the non-residential districts. The Director of Development
Services, or his/her designee, may approve a request to install a stealth antenna when
the proposed stealth antenna is of a type that is specifically listed in the definition of
Antenna, Stealth in Chapter 2, Section 1.2 of the Prosper Zoning Ordinance
(Ordinance 05-20). For stealth antenna requests of a type that are not specifically
listed in this definition, the Town Council may determine if a proposed commercial
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Planned Development No. ____ P a g e | 48 May 2014
antenna is a stealth antenna or not when considering site plan approval for the
proposal.
6. School District Bus Yard. A School District Bus Yard shall be owned and/or
operated by a public Independent School District. Unless otherwise approved by the
Planning & Zoning Commission, School District Bus Yards shall be screened using
one of the following methods:
(a) Option 1
(1) A six (6) foot ornamental metal fence,
(2) Three (3) inch caliper evergreen trees on twenty (20) foot centers,
and
(3) Five (5) gallon evergreen shrubs on three (3) foot centers.
(b) Option 2
(1) A six (6) foot clay-fired brick wall, and
(2) Three (3) inch caliper evergreen trees on twenty (20) foot centers.
7. Day Care Center, Child. Notwithstanding anything to the contrary herein, a public
independent school district is not required to obtain a SUP for the operation of a Day
Care Center, Child in a public school. A Day Care Center, Child not operated by a
public independent school district is permitted by SUP in all Subdistricts.
8. Day Care Center, In-Home. Permitted by right as a home occupation in the
designated Subdistricts and is subject to the regulations of Home Occupation.
9. Shall be permitted by right when serving as a complementary use to a primary use.
Shall not be subject to the limitations of a maximum of 15% of a main use. Other
similar uses not specifically defined may also be permitted. Primary use
sales/services may only be allowed by S.U.P.
10. Limited to one at each of the following intersections: Lover’s Lane at Preston, First
Street at Preston, and Lover’s Lane at Coleman Street.
11. Shall be limited to high-end or specialty automobile sales and shall have limited out
door model displays. A maximum of two rows of display parking (one drive) is
allowed along any street frontage. The use shall only be allowed if permitted by
SUP.
12. Only allowed in Subdistrict 4 as detached units.
13. Gas Pumps as Accessory Use – Accessory gas pumps are only allowed as an
accessory use to a big box tenant and are subject to the following development
standards.
a. Accessory gas pumps must be located on the same lot as a big box tenant.
b. A sales kiosk servicing the accessory gas pumps shall be less than five
hundred (500) square-feet in floor area.
c. Accessory gas pumps shall be located at least two hundred and fifty (250)
feet from a property line of a residential lot.
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Planned Development No. ____ P a g e | 49 May 2014
1. For the purposes of this section, a residential lot means a lot on
which a residential use is located, a lot zoned residential, or a lot
designated as residential on the Future Land Use Plan.
2. Accessory gas pumps do not have to meet the spacing requirement if:
i. A major thoroughfare separates the accessory gas pumps
from the residential lot; or
ii. The Future Land Use Plan designates a lot as residential, but
Town Council subsequently rezones the property to a
nonresidential zoning district and no residential use is
located on the lot.
d. Canopies shall have pitched roofs.
e. Canopy support columns shall be fully encased with masonry materials that
are complementary to that used on the main building.
f. The canopy band face shall be of a color consistent with the main structure or
an accent color and may not be backlit or used as signage.
14. Requires a S.U.P. if located within 250 feet of single family detached zoning.
15. Uses only allowed west of railroad.
16. Limited to 3 locations on either side of Preston and no more than 2 adjacent to each
other.
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7.0 INFRASTRUCTURE DESIGN STANDARDS
7.1 GENERAL
Due to the unique and dynamic nature of Town Center Developments, there are a number of
design elements that deviate from standard suburban design criteria. Therefore, it is understood
that that alternate design criteria may be utilized in the layout and design of this Planned
Development. The design criteria may include such elements as design speeds for streets, street
and parking layouts, alternative street sections, storm drain inlets (e.g., grate inlets, slotted drains,
etc.), alternative stormpipe materials (e.g., PVC, HDPE), utility locations, etc. Design criteria
may be based on similar criteria utilized in similar development throughout the Dallas-Fort Worth
Metroplex as previously referenced herein or as determined to be comparable developments.
Such standards must be approved by the Town’s Engineering Department.
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Planned Development No. ____ P a g e | 51 May 2014
8.0 DEFINITIONS
Adjacent. The condition of sharing a common dividing line (e.g., property line). For the
purposes of this Ordinance, properties that are separated by a thoroughfare shall not be
considered adjacent.
Apartment, loft. A dwelling unit consisting of a single room or a series or rooms, which is
attached to but secondary to a main non-residential structure and is generally located above the
first floor of the structure.
Apartment, studio. A dwelling unit which has, as an integral part of the unit, a work area
generally associated with the creative arts and which may consist of a single room or series or
rooms.
Big Box. Retail buildings over 80,000 square feet where the primary tenant occupies at least 80
percent of the building.
Catering Establishment. An establishment where food and drink are prepared, for immediate off
premises consumption.
Commercial Land Use. Commercial Land Use shall include “Service Uses” and “Automobile
and Related Uses” as listed in Section 6.5 of this Ordinance and similar uses.
Dinner Theater. A building or portion of a building used primarily for showing motion pictures
or for dramatic, musical or live performance where food and drink are prepared and consumed on
the premises during the event.
Dwelling Area. Dwelling Area shall mean the area between the floor and roof above it, as
measured from the outside edge of the exterior walls of the main structure. The dwelling area
calculation excludes basements, patios, decks, balconies, uncovered porches, and covered porches
unenclosed on one or more sides.
EIFS. An acronym for Exterior Insulation and Finish System; a type of exterior cladding for
building walls.
Flag Lot. A lot having access to a street by means of a parcel of land having a depth greater than
its frontage, and having a width less than the minimum required lot width, but not less than
twenty-five (25) feet. There shall be no maximum distance for the required width from the front
property line.
Landscape Service. Professional service focused on the design and/or installation of landscaping
in either a commercial or residential application. The service may include open storage of the
materials and equipment used in the process of landscape installation.
Messenger / Courier Service. Premium service specializing in the personal delivery of messages,
packages and mail.
Mixed Use Land Use. An integrated (either horizontal or vertical) mix of land uses within a tract
of land or a building. For the purposes of this Planned Development, a Mixed Use Land Use
shall include a minimum of two individual land uses (residential/non-residential; retail/multi-
family; office/multi-family; etc.).
Multifamily, Urban Living. Attached dwelling units designed to be occupied by three or more
families living independently of one another, exclusive of Hotels, Motels, or Residence Hotels.
Urban Living Multifamily dwelling units are consistent with an urban-style dwelling unit and
Item 5g
Planned Development No. ____ P a g e | 52 May 2014
intended to accommodate multifamily residential uses, including both for-sale and rental units.
Parking can be either surface parking and/or structural parking.
Office Land Use. Office Land Use shall include “Office and Professional Uses” as listed in
Section 6.6 of this Ordinance and similar uses.
Open Storage. The outside storage or exhibition of goods, materials, merchandise or equipment
that is either for sale on the premises or is used in the normal course of doing business or
conducting a business service.
Pest Control / Extermination Service. Service specializing in the regulation or management of
pests perceived to be detrimental to a person’s health, the ecology or the economy. The service
may include open storage of the materials and equipment used in the process of performing the
service.
Rehabilitation Care Institution. Subject to being licensed to operate by the Texas Department of
Again and Disability Services (DADS), a facility which provides residence and care to ten (10) or
more persons, regardless of legal relationship, who have demonstrated a tendency toward
alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory
personnel.
Retirement Housing. Any age restricted development which may be in any housing form,
including detached and attached dwelling units, apartments, and residences, offering private and
semiprivate rooms and designed to provide meals and nursing care.
Retail Land Use. Retail Land Use shall include “Retail Uses” as listed in Section 6.6 of this
Ordinance and similar uses.
Security Facilities (including gatehouse and control counter). A freestanding structure which is
part of a larger development that’s primary function is to aid in monitoring and controlling
incoming and outgoing vehicular traffic. The facility may be occupied by security personnel or it
may only house electronic surveillance equipment.
Storage Facility. A freestanding or attached structure which is part of a larger commercial or
residential development that’s primary function is to store material or equipment necessary for
the ongoing maintenance or upkeep of the development which it is associated with.
Townhome. A structure containing three to eight dwelling units with each unit designed for
occupancy by one family and each unit attached to another by a common wall.
Work/Live Space. a space within a building that is used jointly for residential and/or commercial
purposes, where the residential space is accessory to the primary use as a place of work.
Item 5g
Planned Development No. ____ P a g e | 53 May 2014
EXHIBIT “E”
Development Schedule
Item 5g
Planned Development No. ____ P a g e | 54 May 2014
Development Schedule
It is currently anticipated that the development of Gates of Prosper will begin within two to four years
after approval and signing of the zoning ordinance. During this time period, prior to the initial stages of
development, it is foreseen that plans and studies will be prepared for development and marketing of the
property. The development schedule for the approximate 621 acres will be phased over the next 10 to 15
years and is primarily dependent on the marketability of the highest and best use of the land for the
respective land tracts. Progress of development improvements will primarily depend on the time frame s
established for construction of thoroughfares, utilities, and market trends/demands for the area.
The development of non-residential uses within Subdistrict 1 and Subdistrict 2 will constitute the initial
phases of development. The development of Urban Living Multifamily and townhome residential units in
Subdistrict 2, and/or Subdistrict 3 shall not begin until a minimum combined total of 300,000 square feet
of commercial/retail development has been issued tenant certificates of occupancy by the Town. The
required commercial/retail development may include regional retail anchors, a town center mixed-use
component, a major multi-purpose medical center with emergency care facilities, a mall, a hotel, or
another major development anchor as determined by Town Council.
Incorporation of residential units into a mixed-use town center are not subject to the aforementioned
preconditions as long as they are vertically integrated into the retail/commercial structures.
The development schedule is subject to change due to various factors beyond the control of the developer,
such as housing market conditions, construction materials and labor availability, acts of nature, and other
similar conditions.
Item 5g
Planned Development No. ____ P a g e | 55 May 2014
EXHIBIT “F”
SUPPLEMENTAL DESIGN GUIDELINES
Item 5g
Planned Development No. ____ P a g e | 56 May 2014
Supplemental DESIGN PRINCIPLES
The Town of Prosper is on the cusp of transforming itself from a prosperous farming community into a
prosperous economic engine and enviable residential neighborhood. The vision for the “Gates of Prosper”
is to be the gateway into Prosper’s new future.
The architectural design principles for this development are intended to reinforce a uniform spirit and
character throughout the development while promoting fresh and visionary diversity.
Subdistricts have been carefully planned to maximize vehicular access to transportation
arteries and pedestrian access to future transit systems.
Subdistricts are designed and planned to create a special community that offers the
opportunity to live, work, shop and recreate in an urban environment located in a suburban
area.
Each Subdistrict can have its own identity yet still create a sense of belonging through use of
consistent iconic markers, streetscape designs, landscape forms, signage, lighting and
architectural building standards. These elements should allow Subdistricts to transition
seamlessly from one to the next.
Public amenities including parks, trails, plazas, interactive areas and gateways are planned to
serve as venues for recreation, entertainment and social interaction.
Pedestrian ways should be memorable through their use of landscaping and lighting, and by
incorporating shade, street furnishings and other sidewalk amenities.
Item 5g
Planned Development No. ____ P a g e | 57 May 2014
SITE DESIGN
The entire site has been effectively designed for efficient land use, as a strong gateway into Prosper and
as a quality environment that resonates a “sense of place”. This design contributes to the overall identity
which adds value to the project as well as the entire community. To promote these benefits the design has
incorporated following features:
Street design and streetscapes including boulevards connecting and traversing through the
different subdistricts.
Gateway icons that announce entry into and welcome residents and guests to the
development. Wayfinding markers that give direction within the development and reinforce
the quality of the development.
Public areas that are accessible and provide for a variety of entertainment and recreational
experiences.
Subdistricts that allow for a crossover of uses while concentrating like uses for the
convenience of residents and guests.
SUBDISTRICT DESIGN
Subdistrict 1—Regional Retail. Subdistrict 1, as depicted on the Conceptual Development
Plan (Exhibit D) shall serve the purpose of providing for the needs of the community by
facilitating the development of regional-serving retail, personal service, and office uses.
Subdistrict 2—Lifestyle Center. Subdistrict 2, as depicted on the Conceptual Development
Plan (Exhibit D) shall serve the purpose of providing a compact, neighborhood and
pedestrian scale mixture of office, retail, personal service, residential and community
activities on single or contiguous building sites.
Subdistrict 3—Downtown Center. Subdistrict 3, as depicted on the Conceptual
Development Plan (Exhibit D) shall serve the purpose of providing an active living and
working community benefiting from its proximity to the existing Town core and the adjacent
Subdistricts.
Subdistrict 4—Residential Neighborhood. Subdistrict 4, as depicted on the Conceptual
Development Plan (Exhibit D) shall serve the purpose of providing a planned residential
community to serve the needs of the Town and add a complimentary use to the overall
development.
Item 5g
Planned Development No. ____ P a g e | 58 May 2014
BUILDING DESIGN
Building design is only one element that contributes to the fabric of a community. Although building
design can be the most effective means of translating the character, it has to work in concert with all other
designed elements. It is not the intent of this section inhibit but give the freedom to achieve excellence in
building design within the limits of a few design criteria.
BUILDING MASSING AND SCALE. A building's mass or scale is determined by its component
parts, including the size of its footprint, its height, its proportions and its relationship to surrounding
buildings. Individual characteristics of mass and scale include:
Form: A buildings form should have a relationship to the proposed streetscape that
contributes to a comfortable environment and pleasing pedestrian experience. Its form should
also be in context with surrounding buildings.
Shape: A buildings shape should incorporate variations in height, rooflines and wall planes
and be expressive without seeming unnatural.
Scale: The use may be a determining factor in the size of a building. Incorporating special
design techniques can reduce the apparent scale of a structure, such as:
a. Subdividing the façade of the building into top, bottom and middle components.
b. Using overhangs and shadow lines to create a sense of depth.
c. Changing building finishes or colors at logical breakpoints.
d. Repeating patterns of windows, awnings, colonnades, porches, offsets or recesses.
BUILDING RHYTHM/ARTICULATION. All buildings, shall be designed to incorporate a form
of architectural articulation as described in other sections of this document. Architectural articulation can
be achieved in a variety of traditional and imaginative ways. The intent is to allow creative architectural
notions but not be gregarious or draw unusual attention to their expression. This will allow for variety of
design and identity within subdistricts while maintaining high standards for the overall development.
ARCHITECTURAL ELEMENTS. They are the unique details and component parts that together,
form the architectural style of buildings. Architectural elements typically include compositions of forms
and shapes, patterns of windows, doors, roofs and awnings but can also include compositions of
materials, expressions of structure, notions of shade and respite, patterns of light and dark, placement of
follies and fixtures, all of which must be combined in ways that reinforce the character and quality of the
overall development.
Item 5g
Planned Development No. ____ P a g e | 59 May 2014
FAÇADE TREATMENTS. Building façades, with their shapes, materials, colors, openings, textures,
and details, shall be used to contribute to the architectural character of the development.
All Retail except Major Anchor Retail shall have ground level storefront extending across a
minimum of 50% of front façade length. Other uses shall have window treatments
appropriate for their use.
On secondary sides of retail buildings, windows do not need to be provided at ground level;
however, buildings should avoid monotonous, uninterrupted walls by incorporating
articulation standards as outlined in other sections of this document. A variety of offsets,
recesses, etc. shall be used to add variety and interest to the building and eliminate long blank
walls.
Same or similar materials will be used on major as well as minor sides of the building to
ensure a continuity of the building on all sides.
LIGHTING. Lighting is an important aspect of the development. Strategic placement of lighting will
greatly enhance the overall ambiance of the development. Security lighting shall be installed per the
codes and ordinances of the Town. Architectural lighting should be designed to enhance the buildings
appearance. Exterior lighting such as street lamps, façade lighting, twinkle lights, up-lighting at key
building elements and landscape features, etc., is allowed. All lighting shall meet the standards outlined
in the Town’s Zoning Ordinance as it currently exists or as amended there to.
PAD SITE BUILDINGS. Buildings on pad sites shall use similar materials and elements in order to
visually identify with the rest of the project.
Item 5g
Planned Development No. ____ P a g e | 60 May 2014
Public Realm Design
The public realm exists at the intersections of the various aspects of community living. It consists of
areas with unlimited and direct access and is centered upon the pedestrian experience. Streets, sidewalks,
plazas and parks are all components of the public realm, and help create a pedestrian network. This
network should be given priority over the street network (vehicle access) and provide visible connections
to parking facilities, crossings and adjacent development while being of a size to accommodate pedestrian
traffic patterns. Crossings shall be designed to minimize pedestrian traffic exposure to vehicle traffic.
The street network should provide connectivity as well as flexibility for future development and be able to
accommodate a pedestrian network with appropriate shading from trees and built structures. Other
streetscape elements such as benches, wayfinding devices, planting strips, receptacles for trash and
recycling, water features and various art and performance media shall contribute to the pedestrian
experience. This shall be in accordance with unified landscaping and streetscape plans.
Public parks and open spaces contribute not only to the pedestrian experience but also to the ecological
value and appearance of the development. By providing space for recreation, they promote community
and gathering and can enhance value for retail, restaurant and residential uses.
Item 5g
Planned Development No. ____ P a g e | 61 May 2014
URBAN Residential Development Guidelines
Residential units shall be located in a manner that will provide privacy for residents by one or several of
the following:
Provide a small landscaped front setback
Raise or lower the finished ground level relative to the sidewalk level
Allow for encroachment by stoops, stairs and porches within the area between the front
façade and the property line
ARCHITECTURAL ELEMENTS
Residential buildings shall have relatively little horizontal articulation and simple roofs, with
most building wing articulations set at the rear of the structure. Window projections, stoops,
porches, balconies and similar extensions are exempt from this standard.
Gable roofs, if provided, shall have a minimum pitch of 9:12. The minimum pitch for hip
roofs is 6:12. Other roof types shall be appropriate to the architectural style of the building.
Architectural embellishments that add visual interest to the roof, such as dormers and
masonry chimneys, may be provided.
PARKING. Where practicable, off-street parking shall be accessed via alleys along the side or rear
property lines, thus eliminating driveways from the residential streetscape. However, off-street parking
may also be accessed via other public/private streets along the front property line.
Item 5g
Planned Development No. ____ P a g e | 62 May 2014
APPENDIX A—ZONING EXHIBIT & LEGAL DESCRIPTION
EXHIBIT “a”
Item 5g
PRESTON ROADSTATE HIGHWAY 289U.S. HIGHWAY 380BURLINGTON NORTHERN SANTA FE RAILROADMcKINNEYCROCKETTFIRST STREET
SECOND STREET
BUSINESS 289HALLCOLLEGEPROPOSED LOVERS LANE
POINT OF
BEGINNING
TRACT 4
EXISTING ZONING
PD-3
RETAIL / COMMERCIAL / OFFICE, SINGLE
FAMILY
AND MULTI-FAMILY
PROPOSED ZONING
PD-SUBDISTRICT 4
(RESIDENTIAL NEIGHBORHOOD)
68.73 GROSS ACRES
62.09 NET ACRES
TRACT 1A
EXISTING ZONING
PD-3
RETAIL / COMMERCIAL / OFFICE,
RETAIL, SINGLE FAMILY AND
MULTIFAMLY
PROPOSED ZONING
PD-SUBDISTRICT 1
(REGIONAL RETAIL).
166.37 GROSS ACRES
136.49 NET ACRES
TRACT 2
EXISTING ZONING
PD-3
RETAIL / COMMERCIAL / OFFICE, RETAIL
AND INDUSTRIAL
PROPOSED ZONING
PD-SUBDISTRICT 2
(LIFESTYLE CENTER)
224.17 GROSS ACRES
190.69 NET ACRES CRAIG ROADFIRST STREET
TRACT 1B
EXISTING ZONING
PD-3
RETAIL / COMMERCIAL / OFFICE,
PROPOSED ZONING
PD-SUBDISTRICT 1
(REGIONAL RETAIL)
46.82 GROSS ACRES
37.58 NET ACRES
FIRST STREET
FUTURE LOVERS LANE
FUTURE RICHAND DRIVECOLEMAN STREET&RS\ULJKW
Kimley-Horn and Associates, Inc.
All rights reserved FGA 7/19/2011 68109005
EXHIBIT "A"
FOR ZONING CASE NO. ________
GATES OF PROSPER
BEING 621.07 ACRES OUT OF THE
COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147
B. RENISON SURVEY, ABSTRACT NO. 755
J. YARNALL SURVEY ABSTRACT NO. 1038
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
DWG NAME: K:\FRI_CIVIL\68109007 - GATES OF PROSPER\TRANSFER-IN\20131030 - EXHIBIT FROM DANA\2013 GATES ZONING EXHIBIT.DWG PLOTTED BY MULLINIX, JUDD 10/30/2013 2:25 PM LAST SAVED 10/30/2013 2:10 PM
Scale Drawn by
DAB1" = 300'
Checked by Date Project No.Sheet No.
1 OF 2
GRAPHIC SCALE IN FEET
0300'150' 300'600'
1"=300'' @ 24"X36"
U.S. STATE HIGHWAY 380 STATE HIGHWAY NO. 289BURLINGTON NORTHERN SANTA FE RAILROADCOUNTY ROAD 73DALLAS NORTH TOLLWAY(PRESTON ROAD)FIRST STREETMcKINNEYCROCKETTSECOND STREETBUSINESSHALL COLLEGE289SITE
LOCATION MAP
NOT TO SCALE
Legend
R.P.R.D.C.T. = Real Property Records of
Denton County, Texas
P.R.D.C.T. = Plat Records of Denton
County, Texas
ROW = Right-of-Way
O.P.R.C.C.T. = Official Public Records of Collin County, Texas
L.R.C.C.T. = Land Records of Collin County, Texas
D.R.D.C.T. = Deed Records of Denton County, Texas
F.L.U.P. = Future Land Use Plan
Note: The throroughfare alignment(s) shown on this exhibit
are for illustration purposes and does not set the alignment.
The alignment is determined at time of final plat.
Owner:
183 Land Corporation, Inc.
8000 Warren Parkway
Bldg. 1, Suite 100
Frisco, TX 75034
Ph. 972-335-6800
Owner:
Blue Star Allen Land, L.P.
8000 Warren Parkway
Bldg. 1, Suite 100
Frisco, TX 75034
Ph. 972-335-6800
Applicant:
Kimley-Horn and Associates, Inc.
5750 Genesis Court Suite 200
Frisco, TX 75034
972-335-3580
Fax 972-335-3779
Contact : Frank Abbott
Dallas, Texas 75252
12700 Park Central Drive, Suite 1800 Tel. No. (972) 770-1300
Fax No. (972) 239-3820
Item 5g
&RS\ULJKW
Kimley-Horn and Associates, Inc.
All rights reserved FGA 7/19/2011 68109005
EXHIBIT "A"
FOR ZONING CASE NO. ________
GATES OF PROSPER
BEING 621.07 ACRES OUT OF THE
COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147
B. RENISON SURVEY, ABSTRACT NO. 755
J. YARNALL SURVEY ABSTRACT NO. 1038
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
Dallas, Texas 75252
12700 Park Central Drive, Suite 1800
DWG NAME: K:\FRI_CIVIL\68109007 - GATES OF PROSPER\TRANSFER-IN\20131030 - EXHIBIT FROM DANA\2013 GATES ZONING EXHIBIT.DWG PLOTTED BY MULLINIX, JUDD 10/30/2013 2:25 PM LAST SAVED 10/30/2013 2:10 PM
Scale Drawn by
DAB1" = 200'
Tel. No. (972) 770-1300
Fax No. (972) 239-3820
Checked by Date Project No.Sheet No.
2 OF 2
EXHIBIT A
LEGAL DESCRIPTION
621.07 ACRES
BEING of a tract of land out of the ED BRADLEY SURVEY, Abstract No. 86, the COLLIN COUNTY SCHOOL LAND SURVEY,
Abstract No. 147, the B. RENISON SURVEY, Abstract No. 755 and the JOHN YARNELL SURVEY, Abstract No. 1038, in the
Town of Prosper, Collin County, Texas, being all of the 16.496 acre Tract Five, all of the 125.92 acre Tract Six, being all of the
123.85 acre Tract Seven, all of the 10.068 acre Tract Eight, all of the 27.672 acre Tract Nine, all of the 99.96 acre Tract Ten
recorded in Collin County Clerk's File No. 97-0005168 of the Land Records of Collin County, Texas and being part of the 157.13
acre tract of land described in deed to Blue Star Allen Land, L.P., recorded in Volume 6074, Page 2102 of the Deed Records of
Collin County, Texas, being all of the 0.38 acre tract of land described in deed to Blue Star Land, Ltd. recorded in Document No.
20100809000819450 of the Official Public Records of Collin County, Texas and being more particularly described as follows;
BEGINNING at a point for the intersection of the centerline of U.S. Highway 380 (variable width ROW) and the centerline of the
Burlington Northern Railroad (100' ROW at this point);
THENCE ZLWKVDLGFHQWHUOLQHRIWKH%XUOLQJWRQ1RUWKHUQ5DLOURDG1RUWK
(DVWDGLVWDQFHRI IHHWWRDSRLQWIRU
corner;
THENCE leaving the centerline of the Burlington Northern Railroad, the following courses and distances two wit:
6RXWK
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1RUWK
:HVWDGLVWDQFHRIIHHWWRDSRLQWLQWKHFHQWHUOLQHRI)LUVW6WUHHW
THENCE with the centerline of First Street, the following courses and distances to wit:
1RUWK
(DVWDGLVWDQFHRI IHHWWRDSRLQWIRUFRUQHU
6RXWK
(DVWDGLVWDQFHRI IHHWWRDSRLQWIRUFRUQHU
1RUWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
THENCE leaving said centerline, the following courses and distances to wit:
6RXWK
:HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
1RUWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
1RUWK
:HVWDGLVWDQFHRI IHHWWRDSRLQWIRUFRUQHULQWKHFHQWHUOLQHRIVDLG)LUVW6WUHHW
THENCE ZLWKWKHFHQWHUOLQHRI)LUVW6WUHHW1RUWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
THENCE leaving said centerline, the following courses and distances to wit:
6RXWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
1RUWK
(DVWDGLVWDQFHRI IHHWWRDSRLQWIRUFRUQHU
1RUWK
:HVWDGLVWDQFHRI IHHWWRDSRLQWIRUFRUQHU
1RUWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHULQWKHFHQWHUOLQHRI&ROHPDQ6WUHHW
THENCE ZLWKWKHFHQWHUOLQHRIVDLG&ROHPDQ6WUHHW6RXWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
THENCE leaving said centerline, the following courses and distances to wit:
6RXWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
1RUWK
(DVWDGLVWDQFHRI IHHWWRDSRLQWIRUFRUQHU
1RUWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
6RXWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
6RXWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
6RXWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
6RXWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHULQWKHFHQWHUOLQHRI&UDLJ5RDG
THENCE ZLWKWKHFHQWHUOLQHRIVDLG&UDLJ5RDG1RUWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
THENCE leaving said centerline, the following courses and distances to wit:
1RUWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
1RUWK
:HVWDGLVWDQFHRI IHHWWRDSRLQWIRUFRUQHULQWKHFHQWHUOLQHRIVDLG)LUVW6WUHHW
THENCE ZLWKWKHFHQWHUOLQHRI)LUVW6WUHHW1RUWK
(DVWDGLVWDQFHRI IHHWWRDSRLQWIRUFRUQHU
THENCE leaving the centerline of said First Street, the following courses and distances to wit:
6RXWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
6RXWK
:HVWDGLVWDQFHRI IHHWWRDSRLQWIRUFRUQHU
6RXWK
:HVWDGLVWDQFHRI IHHWWRDSRLQWIRUFRUQHU
1RUWK
:HVWDGLVWDQFHRI IHHWWRDSRLQWIRUFRUQHULQWKHHDVWULJKWRIZD\OLQHRI3UHVWRQ5RDG 6WDWH+LJKZD\
variable width ROW);
THENCEZLWKVDLGHDVWULJKWRIZD\OLQH6RXWK
:HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
THENCE leaving said east right-of-way line, he following courses and distances to wit:
6RXWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
6RXWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHULQWKHFHQWHUOLQHRIVDLG86+LJKZD\
THENCE with said centerline, the following courses and distances to wit:
6RXWK
:HVWDGLVWDQFHRI IHHWWRDSRLQWIRUFRUQHU
6RXWK
:HVWDGLVWDQFHRI IHHWWRWKH POINT OF BEGINNING and containing 621.07 acres of land.
7KLVGRFXPHQWZDVSUHSDUHGXQGHU7$&GRHVQRWUHIOHFWWKHUHVXOWVRIDQRQWKHJURXQGVXUYH\DQGLVQRWWREH
used to convey or establish interests in real property except those rights and interests implied or established by the creation or
reconfiguration of the boundary of the political subdivision for which it was prepared.
Owner:
183 Land Corporation, Inc.
8000 Warren Parkway
Bldg. 1, Suite 100
Frisco, TX 75034
Ph. 972-335-6800
Owner:
Blue Star Allen Land, L.P.
8000 Warren Parkway
Bldg. 1, Suite 100
Frisco, TX 75034
Ph. 972-335-6800
Applicant:
Kimley-Horn and Associates, Inc.
5750 Genesis Court Suite 200
Frisco, TX 75034
972-335-3580
Fax 972-335-3779
Contact : Frank Abbott
Item 5g
Planned Development No. ____ P a g e | 63 May 2014
APPENDIX B—CONCEPTUAL DEVELOPMENT PLAN
EXHIBIT “D”
Item 5g
Item 5g
To: Mayor and Town Council
From: Chris Copple, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 27, 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 May 20, 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 the Warren/Avant-Garde Addn., Blk. A, Lot 1R (430 Business Park Dr.).
Town Staff Recommendation:
Town staff recommends the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Item 5h
Item 5h
Page 1 of 3
To: Mayor and Town Council
From: Chris Copple, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 27, 2014
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request for a Specific Use Permit (SUP)
for a Child Day Care Center on 1.4± acres, located on the north side of Richland Boulevard,
400± feet west of Coit Road. The property is zoned Office (O). (S14-0002).
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning
Current Land Use Future Land Use Plan
Subject
Property Office Undeveloped Land US 380 District
North
Planned Development-2-
Multifamily and Office
Multifamily Residential
(Estates of Prosper) and
Undeveloped Land
US 380 District
East Office Undeveloped Land US 380 District
South Planned Development-2-
Corridor District Undeveloped Land US 380 District
West
Planned Development-2-
Multifamily
Multifamily Residential
(Estates of Prosper) US 380 District
Requested Zoning – S14-0002 is a request for a Specific Use Permit (SUP) for a Child Day
Care Center on 1.4± acres, located on the north side of Richland Boulevard, 400± feet west of
Coit Road. The property is zoned Office (O).
The attached Exhibit B shows the proposed layout which consists of a 1-story, 9,050 square
foot building, and 22 parking spaces allowing for up to 120 students and 10 teachers. The
attached Exhibit C shows both a 6-foot tall masonry wall and 6-foot tall wrought iron fence with
solid living screen along the western property line. The masonry wall is located on the northern
Prosper is a place where everyone matters.
PLANNING
Item 7
Page 2 of 3
half of the western property line and wrought iron fence and solid living screen is located on the
southern half of the western property line. The masonry wall is approximately 200-feet in length,
shall be constructed to match the exterior building materials of the main building, includes
perimeter plantings in accordance with the Zoning Ordinance, and is located adjacent to the
playground area. The solid living screen, in lieu of a masonry wall, is approximately 200-feet in
length and is not located adjacent to the playground area. The wrought iron fence and solid
living screen is located 15-feet off of the western property line due to an existing sanitary sewer
easement and located in a 30-foot landscape setback. The solid living screen consists of one
large 3-inch caliper evergreen tree, planted on 30-foot centers, and 45-gallon evergreen shrubs,
planted on 6 foot centers, 8-foot in height at the time of planting. The attached Exhibit D shows
a conceptual rendering depicting the architectural look and style of the building, and any future
development will be required to meet the non-residential design and development standards of
the Zoning Ordinance.
The Zoning Ordinance contains four criteria to be considered in determining the validity of a
SUP request. These criteria, as well as staff’s responses for each, are below:
1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses?
The surrounding properties are multifamily uses to the north and west, undeveloped land to
the north and east zoned for office uses, and undeveloped land zoned for commercial uses
to the south. Child Day Care Centers are typically located in less intense zoning districts,
such as office districts and residential districts. Therefore, the proposed use is harmonious
and compatible with the surrounding existing and proposed uses.
2. Are the activities requested by the applicant normally associated with the requested use?
The activities requested by the applicant, as shown on Exhibit B, are normally associated
with the use of a Child Day Care Center.
3. Is the nature of the use reasonable?
The property is zoned Office (O) and the Future Land Use Plan (FLUP) recommends US
380 District uses for the property. The proposed use is an appropriate use in the O District,
which conforms to the FLUP. Therefore, the nature of the use is reasonable.
4. Has any impact on the surrounding area been mitigated?
The attached Exhibit C provides an adequate screen between uses, which mitigates any
impact on the surrounding area.
The proposed Child Day Care Center use is harmonious and compatible with the surrounding
uses and the proposed uses in the US 380 District. The impact on the surrounding area has
been mitigated. Therefore, this request satisfies the Town’s criteria for SUP approval.
Future Land Use Plan – The Future Land Use Plan (FLUP) recommends US 380 District uses
for the property. The FLUP recommends the US 380 District contain a variety of different uses,
with the more intense uses being located along US 380 and residential uses to the north being
buffered by less intense uses, such as office. This request conforms to the FLUP.
Conformance to the Thoroughfare Plan – The property has direct access to Richland Boulevard,
an existing four-lane divided thoroughfare. The SUP exhibit complies with the Thoroughfare
Plan.
Item 7
Page 3 of 3
Water and Sanitary Sewer Services – Water and sanitary sewer service have been extended to
the property.
Access – Access to the property is provided from Richland Boulevard. Adequate access is
provided to the property.
Schools – This property is located within the Prosper Independent School District (PISD). It is
not anticipated that a school site will be needed on this property.
Parks – It is not anticipated that this property will be needed for the development of a park.
Environmental Considerations – There is no 100-year floodplain located on the property.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by state law. Town staff
has received one public hearing notice reply form, in opposition to the request.
Attached Documents:
1. SUP Exhibits A, B, C, and D.
2. Zoning map of surrounding area.
3. Public hearing notice reply form.
Planning & Zoning Commission Recommendation:
At their May 7, 2014, meeting, the Planning & Zoning Commission recommended the Town
Council approve a request for a Specific Use Permit (SUP) for a Child Day Care Center on 1.4±
acres, located on the north side of Richland Boulevard, 400± feet west of Coit Road, by a vote
of 4-0.
Town Staff Recommendation:
Town staff recommends the Town Council approve the request for a Specific Use Permit (SUP)
for a Child Day Care Center on 1.4± acres, located on the north side of Richland Boulevard,
400± feet west of Coit Road.
Proposed Motion:
I move to approve the request for a Specific Use Permit (SUP) for a Child Day Care Center on
1.4± acres, located on the north side of Richland Boulevard, 400± feet west of Coit Road.
Item 7
740
745
745
745
745
745
745
1 inch = 30 ft.
30 0 15
POWER POLEPP
LEGEND
FIR
MH
FOUND IRON ROD
SAN. SEW. MANHOLE
WM
WV
CO CLEAN OUT
WATER VALVE
WATER METER
FH FIRE HYDRANT
OVERHEAD POWER LINE
W WATER LINE
OHE
SS
T
G
C
SAN. SEWER LINE
TELEPHONE LINE
GAS LINE
CONDUIT
OHE
8" SS
LIGHT POLELP
8" W
T
2"C
6" OAK TREE
GUY GUY WIRE
TTEL MH
BM
531.84
TELEPHONE MANHOLE
BENCH MARK
TELEPHONE PEDESTAL
ASPHALT PAVEMENT
SIR SET IRON ROD
TEL TELEPHONE - FIBER OPTIC LINE
GM GAS METER
G
BUSH
TEL-PED
CP
FHPP
GUY
PP
INLET
LP
PP
FH
LP
SSMH
CALLED 6.045 ACRES (TRACT 2)
WATER PIPELINE ESMT.
CITY OF IRVING, TEXAS
VOLUME 5168, PAGE 2935 D.R.C.C.T.
VARIABLE WIDTH SAN SEW. ESMT.
DOC.# 200602160002093
1
0 &
DOC.# 200612122001745420
RICHLAND BLVD. (A VARIABLE WIDTH R.O.W.)
VOL. 2006, PG. 837
110.83’
S8834’45"W
N4957’41"E
15’ DRAINGAGE ESMT.
VOL. 6072, PG. 4058
1/2"FIR
W/CAP
STAMPED
"DAA"
1/2"FIR
W/CAP
STAMPED
"DAA"
15’ SANITARY SEWER ESMT.
DOC. NO. 20061212001745630
WATER LINE EASEMENT
DOC. NO. 20061212001745620
90.00’LOT 3, BLOCK A
1.433 ACRES
(62,410 SQ. FT.)
S8445’57"W 150.37’
N40
0
2
’44"W12
3
.71’
414.20’
47.15’
431.29’
1/2"FIR
WITH CAP
STAMPED
"J&B"
N8834’45"E
37.00’
S0125’15"E
7.29’
N4957’41"E
242.20’
S8834’45"W
1/2"FIR
W/CAP
STAMPED
"DAA"
1/2"FIR
W/CAP
STAMPED
"DAA"
1/2"FIR
W/CAP
STAMPED
"DAA"
1/2"FIR
W/CAP
STAMPED
"DAA"
15’ SANITARY SEWER ESMT.
DOC. NO. 20061212001745630
30
BM
746.46
2
A
CC
A
B
D
51
D
03A-2014
PROJECT #
SHEET NO:
DRAWN:
DATE:
REVISIONS:DATE:
3 4
2 5134
SCALE:
CHECKED:PROJECT:TITLE: 03.31.2014
SEAL:
B MONTESSORICOLLIN COUNTY, TEXASARCHITECT
+
ASSOCIATES, INC.
PLANNING-ARCHITECTURE-ENGINEERING
TOWN OF PROSPEROWNER:
BM CAPITAL
E-mail: myounus@goldenbank.com
RICHARDSON, TX. 75082
Mohammed Younus (214)762 0246
3705 HACKBERRY LN.
E-mail: mhdewan@gmail.com
Cell:(214)738 3619 Bus:(214)730 0666
13601 Preston Rd., Ste:820W, Dallas, TX, 75240
Web Site: d1architect.com
ANGEL AGECOIT RD. & RICHLAND BLVDINVESTMENT GROUP LLC
CONSULTANT:
FLOOD STATEMENT: According to Community Panel No. 48085C0235 J, dated June 2,
2009 of the Federal Emergency Management Agency, National Flood Insurance Program
Map, this property is within Flood Zone "X", (areas determined to be outside 500-year
floodplain), which is not a special flood hazard area. If this site is not within an
identified special flood hazard area, this flood statement does not imply that the
property and/or the structures thereon will be free from flooding or flood damage. On
rare occasions, greater floods can and will occur and flood heights may be increased
by man-made or natural causes. This statement shall not create liability on the part
of the Surveyor.
NOTES
Being all that tract of land in the Town of Prosper, Collin County, Texas, being a part
of the H. JAMISON SURVEY, ABSTRACT No. 480, and being a Lot 3, Block A of
Whispering Gables Addition, an addition to the Town of Prosper, recorded in Volume
2007, Page 674 of the Plat Records, Collin County, Texas, and being further described
as follows:
BEGINNING at a one-half inch iron rod with yellow cap stamped "J&B" found at the
southwest corner of said Lot 3 and in the north line of Richland Boulevard (a variable
width right-of-way) as recorded in Volume 2006, Page 837, Collin County Plat Records,
also being the most southeasterly corner of Lot 2R, Block A of The Estates and
Mansions of Prosper Addition, an addition to the Town of Prosper, recorded in Volume
2010, Page 346, Plat records, Collin County, Texas, also being in the southeast line of
a pipeline easement granted to the City of Irving, Texas as recorded in Volume 5168,
Page 2935, Collin County Deed Records;
THENCE North 49 degrees 57 minutes 41 seconds East, 431.29 feet along the
southeast lines of said Lot 2R, and said southeast line of pipeline easement to a
one-half inch iron rod with yellow cap stamped "DAA" found for corner;
THENCE South 40 degrees 02 minutes 44 seconds West, 123.71 feet departing the said
southeast lines of Lot 2R, and said southeast line of pipeline easement to a one-half
inch iron rod with yellow cap stamped "DAA" found for corner;
THENCE South 01 degrees 25 minutes 15 seconds East, 172.53 feet to a one-half
inch iron rod with yellow cap stamped "DAA" found in the said north line of Richland
Boulevard for corner;
THENCE South 88 degrees 34 minutes 45 seconds West, 414.20 and along the said
north line of Richland Boulevard to the POINT OF BEGINNING and containing 62,410
square feet or 1.433 acres of land.
LEGAL DESCRIPTION
N
EXHIBIT "A"BOUNDARY SURVEY
BOUNDARY SURVEYBEGINNING
POINT OF
387’ TO COIT ROAD
ERNEST HEDGCOTH
REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 2804
2804
ERNEST HEDGCOTHERNEST HEDGCOTH
2804
S ORI
F-7701
ENGINEERING,
INC.
moriakhavan@yahoo.com
MORI AKHAVAN
972-816-2626
EXHIBIT "A"
LOT 1, BLOCK A
1.837 ACRES
(80,051 SQ. FT.)
LAND USE: UNDEVELOPED
ZONING: OFFICE
LOT 2, BLOCK A
1.934 ACRES
(84,237 SQ. FT.)
LAND USE: UNDEVELOPED
ZONING: OFFICE
VACANT
REMAINDER OF
MUSTANG-MIDWAY PLANO, LTD.
DOC. NO. 96-0038753
LAND USE: UNDEVELOPED
ZONING: PD-2 (COR.)
MULTI FAMILY
LOT 2R, BLOCK A
THE ESTATES AND MANSIONS OF PROSPER
VOL. 2010, PAGE 346
PRCCT
WESTERN RIM INVESTORS 2007-4 LP
LAND USE: MULTI-FAMILY
ZONING: PD-2 (MULTI-FAMILY)FIRE LANE
VOL. 2010, PAGE 346
PRCCT
LOCATION MAP
NTSDALLAS PARKWAYSITE
PROSPER TRAIL
E. 1ST. STREET
COLEMAN ST.COIT RD.CUSTER RD.BLVD.LA CIMA
U.S. 380
RICHLAND
BLVD.
ROCKHILL
PKWY.
VIRGINIA
PKWY.SH 289 (PRESTON RD.)S0125’15"E 172.53’SSMH
FH
1"=40’
CONTACT:
MORI AKHAVAN 972-816-2626
moriakhavan@yahoo.com
S ORI
ENGINEERING, INC.
2616 Pickwick Lane Plano, Texas 75093
PREPARED BY:
DATE:SCALE:
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
H. JAMISON SURVEY, ABSTRACT No. 480
FOR
CONTACT:
APRIL 2014
F-7701
WHISPERING GABLES ADDITION
LOT 3, BLOCK A, 1.433 ACRES
ANGEL AGE MONTESSORI
BM CAPITAL
INVESTMENT GROUP LLC
3705 HACKBERRY LN.
RICHARDSON, TX. 75082
Mohammed Younus (214)762 0246
E-mail: myounus@goldenbank.com
OWNER:
Item 7
740
741
742
743
744
745
746 747
748
749
741
742
747
747
746
746
746
745
745
745
745
745
745
744
744
743
743
742
742
743
1 inch = 30 ft.
30 0 15
747
748
749
748
748
747
POWER POLEPP
LEGEND
FIR
MH
FOUND IRON ROD
SAN. SEW. MANHOLE
WM
WV
CO CLEAN OUT
WATER VALVE
WATER METER
FH FIRE HYDRANT
OVERHEAD POWER LINE
W WATER LINE
OHE
SS
T
G
C
SAN. SEWER LINE
TELEPHONE LINE
GAS LINE
CONDUIT
OHE
8" SS
LIGHT POLELP
8" W
T
2"C
6" OAK TREE
GUY GUY WIRE
TTEL MH
BM
531.84
TELEPHONE MANHOLE
BENCH MARK
TELEPHONE PEDESTAL
ASPHALT PAVEMENT
SIR SET IRON ROD
TEL
GM GAS METER
G
BUSH
TEL-PED
SIGN
CP
WV
WV FH
PP
GUYWV
WVWV
WV
FH
PP
INLET
LP
PP
FH
WV
LP
CONC. WALK
CONC. WALK
CONC. WALK
CM
CM
CM
CM
CM
CM
CM
CM
SSMH
CALLED 6.045 ACRES (TRACT 2)
WATER PIPELINE ESMT.
CITY OF IRVING, TEXAS
VOLUME 5168, PAGE 2935 D.R.C.C.T.
VARIABLE WIDTH SAN SEW. ESMT.
DOC.# 200602160002093
1
0 &
DOC.# 2006121220
0
1745420
RICHLAND BLVD. (A VARIABLE WIDTH R.O.W.)
VOL. 2006, PG. 837
110.83’
S8834’45"W
N4957’41"E
REMAINDER OF
MUSTANG-MIDWAY PLANO, LTD.
DOC. NO. 96-0038753
15’ DRAINGAGE ESMT.
VOL. 6072, PG. 4058
1/2"IRF
W/CAP
STAMPED
"DAA"
15’ SANITARY SEWER ESMT.
DOC. NO. 20061212001745630
WATER LINE EASEMENT
DOC. NO. 20061212001745620
90.00’LOT 1, BLOCK A
1.837 ACRES
(80,051 SQ. FT.)
LOT 2, BLOCK A
1.934 ACRES
(84,237 SQ. FT.)
LOT 3, BLOCK A
1.433 ACRES
(62,410 SQ. FT.)
S8445’57"W 150.37’
N40
0
2
’44"W12
3
.71’S0125’15"E172.53’414.20’
47.15’
431.29’
1/2"IRS
WITH CAP
STAMPED
"J&B"
N8834’45"E
37.00’
S0125’15"E
7.29’
N4957’41"E
242.20’
S8834’45"W
1/2"IRF
W/CAP
STAMPED
"DAA"
1/2"IRF
W/CAP
STAMPED
"DAA"
1/2"IRF
W/CAP
STAMPED
"DAA"
1/2"IRF
W/CAP
STAMPED
"DAA"
15’ SANITARY SEWER ESMT.
DOC. NO. 20061212001745630
30
FIRE LANE
FF 745.1
739
738
PROP.
8’ INLET
SSMH
FL. 536.11
PLAYGROUND
DROP OFF
EXIST. 8"SS
8"SS PROP.
4" SS SERVICEPROP. STORM
SEWER HEADWALL
EXIST. 21" RCPPROP. DRAINAGE DITCH
8"SS
8"SS
8"S
S
8"SS
8"SS
EXIST. 12" WATER 12"W
12"W
12"W
12"W
12"W
12"W
12"W12"W
EXIST. 8" WATERPROPOSED 8" WATER
PROP. 1"
IRR. METER
PROP. 2"
DOM. METER PROP. 6" FIRE LINEPROP.
FDC
PROP. 2’X2’
AREA DRAIN
8" P
VC STOR
MDR
AIN PIPE
PROP. 2’X2’
AREA DRAIN
PROP. 2’X2’
AREA DRAIN
BM
746.46
PROP. 6’ SIDE WALK
PROP. 5’ SIDE WALK
PROP. 5’ SIDE WALK
’25’ LANDSCAPE SETBACK
LOT 2R, BLOCK A
THE ESTATES AND MANSIONS OF PROSPER
VOL. 2010, PAGE 346
PRCCT
WESTERN RIM INVESTORS 2007-4 LP
2
A
CC
A
B
D
51
D
03A-2014
PROJECT #
SHEET NO:
DRAWN:
DATE:
REVISIONS:DATE:
3 4
2 5134
SCALE:
CHECKED:PROJECT:TITLE:SEAL:
B MONTESSORICOLLIN COUNTY, TEXASARCHITECT
+
ASSOCIATES, INC.
PLANNING-ARCHITECTURE-ENGINEERING
TOWN OF PROSPEROWNER:
BM CAPITAL
E-mail: myounus@goldenbank.com
RICHARDSON, TX. 75082
Mohammed Younus (214)762 0246
3705 HACKBERRY LN.
E-mail: mhdewan@gmail.com
Cell:(214)738 3619 Bus:(214)730 0666
13601 Preston Rd., Ste:820W, Dallas, TX, 75240
Web Site: d1architect.com
ANGEL AGECOIT RD. & RICHLAND BLVDINVESTMENT GROUP LLC
CONSULTANT:
SITE DATA SUMMARY TABLE
GENERAL SITE DATA
Zoning (from zoning map)
Land Use (from zoning ordinance)
Lot Area (square feet & acres)
Building Footprint Area (square feet)
Total Building Area (square feet)
Building Height (# stories)
Building Height (feet - distance to tallest building element)
PARKING
Accessible Parking Required (# spaces)
Accessible Parking Provided (#spaces)
ITEM LOT 3
62,410 SF (1.433 AC)
9,050 SF
9,050 SF
1 Story
40 feet
14.6%
10 SP
22 SP
1 SP
1 SP
LANDSCAPE AREA (including turf areas)
Landscape Edge Area Provided (square feet)
Required interior landscape area (parking lot landscaping) (square feet)
Additional interior landscape area provided (square feet)
Other landscape area within the lot including storm water areas (square feet)
TOTAL LANDSCAPE AREA (square feet)
IMPERVIOUS AREA
Building Footprint area (square feet)
Area of Sidewalk, Pavement & other impervious Flatwork (square feet)
Other impervious Area
TOTAL IMPERVIOUS AREA (square feet)
9,050 SF
27,172 SF
0
35,492 SF
2,750 SF
2,736 SF
16,650 SF
11,164 SF
0
1:1
FLOOD STATEMENT: According to Community Panel No. 48085C0235 J, dated June 2,
2009 of the Federal Emergency Management Agency, National Flood Insurance Program
Map, this property is within Flood Zone "X", (areas determined to be outside 500-year
floodplain), which is not a special flood hazard area. If this site is not within an
identified special flood hazard area, this flood statement does not imply that the
property and/or the structures thereon will be free from flooding or flood damage. On
rare occasions, greater floods can and will occur and flood heights may be increased
by man-made or natural causes. This statement shall not create liability on the part
of the Surveyor.
NOTES
N
1"=40’
CONTACT:
MORI AKHAVAN 972-816-2626
moriakhavan@yahoo.com
S ORI
ENGINEERING, INC.
2616 Pickwick Lane Plano, Texas 75093
PREPARED BY:
DATE:SCALE:
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
H. JAMISON SURVEY, ABSTRACT No. 480
FOR
CONTACT:
APRIL 2014
F-7701
WHISPERING GABLES ADDITION
LOT 3, BLOCK A, 1.433 ACRES
ANGEL AGE MONTESSORI
BM CAPITAL
INVESTMENT GROUP LLC
3705 HACKBERRY LN.
RICHARDSON, TX. 75082
Mohammed Younus (214)762 0246
E-mail: myounus@goldenbank.com
EXHIBIT "B"EXHIBIT "B"S
SI ENONAL
DERETSIGE
RRPR
OFE GINEES
XETEOF
79174
ASTAT
M. AKHAVANZADEH
S
SI ENONAL
DERETSIGE
RRPR
OFE GINEES
XETEOF
ASTAT
BUILDING SIZE : 9,050 SF
’PROP. 24’ FIRE LANE,
UTILITY &
ACCESS ESM’T.
PROP. 24’ FIRE LANE,
UTILITY &
ACCESS ESM’T.
SITE PLAN
SITE PLAN 04.7.2014
S ORI
F-7701
ENGINEERING,
INC.
moriakhavan@yahoo.com
MORI AKHAVAN
972-816-2626
GATE
GATE
SPACE RESERVED FOR FIRE TRUCK PARKING06
H/C
GATE
10
PLAYGROUND
15’ PROP. DRAINGAGE ESMT.
PROP. 18" RCP STORM SEWER
OWNER:
TELEPHONE - FIBER OPTIC
15’ SANITARY SEWER ESMT.
DOC. NO. 20061212001745630
LOCATION MAP
NTSDALLAS PARKWAYSITE
PROSPER TRAIL
E. 1ST. STREET
COLEMAN ST.COIT RD.CUSTER RD.BLVD.LA CIMA
U.S. 380
RICHLAND
BLVD.
ROCKHILL
PKWY.
VIRGINIA
PKWY.SH 289 (PRESTON RD.)SITE PLAN GENERAL NOTES
30’ BLDG. LINE
PROP. 6’ SIDE WALK
25’ BLDG. LINE
25’ BLDG. LINE
30’ LANDSCAPE SETBACK
9500 SF
227’387’ TO COIT RD.
RELOCATE FH
AND SIGN
30’
24’4’
PROP. DECELERATION LANE
261’ TO COIT RD.71.0’5’ LA
N
D
SC
APE SE
T
B
AC
K
10’ BLD
G. SE
T
B
AC
K
10’ BLDG. SETBACK5’ LANDSCAPE SETBACK30’30’RLot Coverage
Floor Area Ratio
Office
Day Care
1) Dumpsters and trash compactors shall be screened in accordance with the Zoning
Ordinance.
2) Open storage, where permitted, shall be screened in accordance with the Zoning
Ordinance.
3) Outdoor lighting shall comply with the lighting and glare standards contained within
the Zoning Ordinance and Subdivision Ordinance.
4) Landscaping shall conform to landscape plans approved by the Town.
5) All elevations shall comply with the standards contained within the Zoning Ordinance.
6) Buildings of 5,000 square feet or greater shall be 100% fire sprinkled. Alternative
fire protection measures may be approved by the Fire Department.
7) Fire lanes shall be designed and constructed per town standards or as directed by
the Fire Department.
8) Two points of access shall be maintained for the property at all times.
9) Speed bumps/humps are not permitted within a fire lane.
10) Handicapped parking areas and building accessibility shall conform to the Americans
with Disabilities Act (ADA) and with the requirements of the current, adopted Building
Code.
11) All signage is subject to Building Official approval.
12) All fences and retaining walls shall be shown on the site plan and are subject to
Building Official approval.
13) All exterior building materials are subject to Building Official approval and shall
conform to the approved faade plan.
14) Sidewalks of not less than six (6’) feet in width along thoroughfares and collectors
and five (5’) in width along residential streets, and barrier free ramps at all curb
crossings shall be provided per Town standards.
15) Approval of the site plan is not final until all engineering plans are approved by
the Engineering Department.
16) Site plan approval is required prior to grading release.
17) All new electrical lines shall be installed and/or relocated underground.
18) All mechanical equipment shall be screened from public view in accordance with the
Zoning Ordinance.
Parking Ratio (Students) (from zoning ordinance) 1SP / 10 Students
Parking Ratio (Teachers) (from zoning ordinance) 1SP / Teacher
Required Parking (# spaces) for 120 Students
Required Parking (# spaces) For 10 Teachers
12 SP
1/2"IRF
W/CAP
STAMPED
"DAA"
PLAYGROUND AREA
Playground area (65 sf per student) for 120 students 7,800 SF
9,500 SFPlayground area Provided
18’public storm
pprivate storm
12’ STREET EASEMENT
PROP. FH
PROP.
10’X15’
WATER
ESM’T.
30’ LANDSCAPE SETBACK
140.50’
BRICK
PAVERS
05
15’
1
3
’
2.16’
25.9’
9’30’R
30’R
25’R29’R30’R
54’R30’R
30’R
30’R2.5’
NOTE 1
REFER TO
NOTE 1
NOTE 2
REFER TO
NOTE 2
(TYP.)
6’-0" HIGH
MASONRY WALL TO
MATCH BLDG’S
MATERIAL. 16"X16"
POST EVERY 24’
(TOTAL 216 LF)
Provided Parking (# spaces) 23 SP
Total Parking Required (# spaces)
COVERED
PLAY AREA
OPEN SPACE
Open Space Required (@ 7%) (square feet)4,369 SF
Open Space Provided (square feet)5,400 SF
POWER POLE
TO BE RELOCATED
PROP.
FH
6’-0" HIGH
WROUGHT
IRON FENCE
6’-0" HIGH
WROUGHT
IRON FENCE
PROP. 6’ SIDE WALK
PROP
. 6
’ S
IDE
WALK
REFER TO
NOTE 3
90’110’
90’110’280’R280’RREFER TO
NOTE 4
NOTE 3
NOTE 4
THE DUMPSTER ENCLOSURE WILL BE 8’ IN HEIGHT AND WILL MATCH THE BUILDING
MATERIALS.
THE THOROUGHFARE SCREENING WILL MEET THE STANDARDS OF THE SUBDIVISION
ORDINANCE.
6’-0" WROUGHT IRON FENCE C/W LANDSCAPE LIVE SCREENING 15’ AWAY FROM
PROPERTY LINE IN LIEU OF MASONRY WALL, INCLUDING 1 LARGE EVERGREEN TREE
PLANTED ON 30-FOOT CENTERS, 3-INCH MINIMUM AT THE TIME OF PLANTING, AND
INCLUDING EVERGREEN SHRUBS PLANTED ON 6-FOOT CENTERS, 45 GALLON, AND 8-FOOT
IN HEIGHT MINIMUM
AT THE TIME OF PLANTING.
REMOVE EXIST. TREES FROM SOUTH OF THE SIDEWALK AND PLANT THEM ON THE
NORTH SIDE OF THE SIDEWALK, ALONG THE PROPERTY LINE. PLANTING WITHIN THE CITY
OF IRVING WATER PIPE EASEMENT SHALL REQUIRE APPROVAL BY THE CITY OF IRVING.
Item 7
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S14-0002
O
C
C
MFPD-2
SFPD-25
SF-10PD-6
CORPD-2
RPD-38CORPD-2 CS-4
CS-2
CS-2/S-4 S COIT RDE UNIVERSITY DR
RICHLAND BLVDSOMERVILLE DRPROSPER COMMONS BLVDTWIN BUTTES DRLI
V
I
N
G
S
T
O
N
D
R
C
A
L
A
V
E
R
A
S
C
T
A
R
R
O
W
H
E
A
D
D
R
0 175 350 525
Feet
1 inch = 350 feet
Item 7
Item 7
To: Mayor and Town Council
From: Robyn Battle, Town Secretary
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 27, 2014
Agenda Item:
Consider and act upon the election of a Mayor Pro-Tem and Deputy Mayor Pro-Tem.
Description of Agenda Item:
The Town Charter requires that the Town Council elect from among its members a Mayor Pro-
Tem and Deputy Mayor Pro-Tem at the first regular meeting following the election of Town
Council Members. The Mayor Pro-Tem shall act as Mayor during the disability or absence of
the Mayor. The Deputy Mayor Pro-Tem shall act as Mayor during the disability or absence of
the Mayor and Mayor Pro-Tem.
Town Staff Recommendation:
Town staff recommends that the Town Council elect a Mayor Pro-Tem and a Deputy Mayor Pro-
Tem.
Proposed Motion:
I move to appoint ________________ as Mayor Pro-Tem, and ________________ as Deputy
Mayor Pro-Tem.
Prosper is a place where everyone matters.
ADMINISTRATION
Item 8
Page 1 of 4
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 27, 2014
Agenda Item:
Consider and act upon an ordinance approving the Water Conservation and Drought
Contingency and Water Emergency Response Plan for the Town of Prosper, amending article
13.05, “Water Conservation and Drought Contingency and Water Emergency Response Plan,”
of Chapter 13, “Utilities,” of the Town’s Code of Ordinances, and amending Appendix A of the
Town’s Code of Ordinances by adding thereto a new section XVII, “Water Conservation and
Enforcement Fees.”
Description of Agenda Item:
The Town of Prosper’s Water Conservation and Drought Contingency and Water Emergency
Response Plan was updated in 2011. The Town is required to update the plan every five years
by the Texas Commission on Environmental Quality (TCEQ).
The North Texas Municipal Water District (NTMWD) has proposed an updated 2014 Water
Resource and Emergency Management and Water Conservation Plan with three water use
reduction stages for adoption by the Member and Customer Cities, but will not institute the new
plan until the water restrictions are lifted. To eliminate confusion, Town staff is updating the
existing Town’s 2011 Water Conservation and Drought Contingency and Water Emergency
Response Plan, which continues to recognize the existing four water use reduction stages.
Once drought restrictions are lifted by NTMWD, Town staff will submit, for Town Council
approval, the updated NTMWD 2014 Water Resource and Emergency Management and Water
Conservation Plan and Drought Contingency Plan.
The Water Conservation and Drought Contingency and Water Emergency Response Plan are
based on the Texas Administrative Code in effect on August 31, 2007. The TCEQ implemented
regulations in compliance with the mandates of Senate Bill 3 and House Bill 4 enacted in 2007
by the 80th Texas Legislature. The regulations have been considered in the preparation of this
plan. The following items are presented in the regulations:
A definition for “best management practices.”
A copy of the plan must be submitted to the Executive Administrator of the Texas Water
Development Board.
An annual progress report will be required to be submitted to the Texas Water
Development Board. (The annual report may be in a different format than the annual report
included in Appendix I).
Requirement that water suppliers providing service to 3,300 or more connections must
prepare a Water Conservation Plan.
Enforcement authority in relation to violations of the rules regulating water conservation
plans and annual report is provided to the Texas Water Development Board.
PUBLIC WORKS
Item 9
Page 2 of 4
The existing 2011 and proposed 2014 Water Conservation and Drought Contingency and Water
Emergency Response Plan, recognizes four water use reduction stages as follows:
Stage 1: The goal for water use reduction under Stage 1 is a two percent (2%) reduction in the
amount of water obtained from NTMWD.
Ask the public to follow voluntary landscape watering schedules.
Stage 2: The goal for water use reduction under Stage 2 is a five percent (5%) reduction in the
amount of water obtained from NTMWD.
Limit landscape watering with sprinklers or irrigation systems to no more than two days per
week.
Stage 3: The goal for water use reduction under Stage 3 is a ten percent (10%) reduction in the
amount of water obtained from NTMWD.
Limit landscape watering with sprinklers or irrigation systems at each service address to no
more than one day per week on designated days between April 1 – October 31.
Limit landscape watering with sprinklers or irrigation systems at each service address to no
more than one day every two weeks on designated days between November 1 – March 31.
Stage 4: The goal for water use reduction under Stage 4 is a reduction of whatever amount is
necessary in the amount of water obtained from NTMWD.
Prohibit commercial and residential landscape watering, except that foundations and trees
may be watered for 2 hours on any day with a hand-held hose, a soaker hose, or a
dedicated zone using a drip irrigation system.
Prohibit the irrigation of new landscaping using treated water.
Prohibit the permitting of private pools.
Registered and properly functioning ET/Smart irrigation systems and drip irrigation systems cannot
allow irrigation to occur more than once every seven days or the current restriction, whichever is
more restrictive.
Currently, NTMWD has not imposed fee increases to the Town for exceeding the goals set for
reduction in water use. In the recent contract amendment between the Town of Prosper and
NTMWD related to the upsizing of our service connection meter from an 8” to a 12”, NTMWD is
proposing implementing fee increases for water usage over the goals set for reduction. The
proposed ordinance allows the Town the ability to exercise the following administrative
remedies for violations of the Town Plan against single family water account holders, business
and professional parks, homeowners’ associations, apartments, home builders, land
developers, and entities. Implementation of the following administrative remedies is anticipated
to coincide with NTMWD’s enforcement of fee increases for water usage over the goals set for
reduction.
Administrative Fees: The following administrative fees that will be added to the customer’s
regular monthly Town utility bill shall apply:
First Offense Written Warning
Second Offense $100
Third Offense and Subsequent Offenses $300
Item 9
Page 3 of 4
Prior to implementation, the following outreach program will be conducted by staff to help
educate our water customers:
1) Staff will provide all customers detailed information and direction to the Town’s website
within their water bills starting June 20, 2014, and again July 20, 2014.
2) Place signage at all major intersections by June 15, 2014.
3) Post the water restrictions in the weekly Resident Updates and on Facebook starting on
June 1, 2014.
4) Staff will meet with local organizations such as Chamber, Rotary, and seniors during
June and July to help get the word out.
5) Utilize NTMWD’s customer information bulletins.
Contesting Violations: A water customer may request a hearing before a hearing officer(s)
appointed by the Executive Director of Development and Community Services within fifteen (15)
business days after the date on the Notice. The hearing officer(s) shall evaluate all information
offered by the petitioner at the hearing. The customer shall bear the burden of proof to show
why, by preponderance of the evidence, the administrative fee should not be assessed. The
hearing officer(s) shall render a decision in writing within three (3) business days of the
conclusion of the hearing. A customer may appeal the decision from the hearing officer(s) in
writing to the Executive Director of Development and Community Services within three (3)
business days of the conclusion of the hearing. The decision by the Executive Director of
Development and Community Services is final and binding.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and
legality.
Attached Documents:
1. Ordinance
2. Water Conservation and Drought Contingency and Water Emergency Response Plan
Local Restriction Enforcement Comparison
Offense
Number Frisco McKinney Plano Allen Denton
Proposed
Prosper
1st
System
disconnection
and $25.00 fee Warning
Courtesy tag
warning $200.00 fee Warning
Courtesy tag
warning
2nd
System
disconnection
and $50.00 fee $50.00 fee
Certified
letter from
city; warning
that they
could end up
with a
$150.00 fee $400.00 fee Warning $100.00 fee
3rd
System
disconnection
and $75.00 fee;
issuance of a
citation $100.00 fee
Irrigation
may be
blocked $600.00 fee
Letter and
$250.00 fine $300.00 fee
4th $150.00 fee
$2000.00
fee
Letter and
$500.00 fine $300.00 fee
5th and
More
Code
enforcement
takes over.
Letter and
$1,000.00
fine $300.00 fee
Item 9
Page 4 of 4
Town Staff Recommendation:
Town staff recommends that the Town Council consider and act upon an ordinance approving
the Water Conservation and Drought Contingency and Water Emergency Response Plan for the
Town of Prosper, amending article 13.05, “Water Conservation and Drought Contingency and
Water Emergency Response Plan,” of Chapter 13, “Utilities,” of the Town’s Code of Ordinances,
and amending Appendix A of the Town’s Code of Ordinances by adding thereto a new section
XVII, “Water Conservation and Enforcement Fees.”
Proposed Motion:
I move to approve an ordinance approving the Water Conservation and Drought Contingency
and Water Emergency Response Plan for the Town of Prosper, amending article 13.05, “Water
Conservation and Drought Contingency and Water Emergency Response Plan,” of Chapter 13,
“Utilities,” of the Town’s Code of Ordinances, and amending Appendix A of the Town’s Code of
Ordinances by adding thereto a new section XVII, “Water Conservation and Enforcement Fees.”
Item 9
TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-__
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ARTICLE 13.05, “WATER CONSERVATION AND DROUGHT CONTINGENCY
AND WATER EMERGENCY RESPONSE PLAN,” OF CHAPTER 13,
“UTILITIES,” OF THE TOWN’S CODE OF ORDINANCES, AND AMENDING
APPENDIX A TO THE TOWN’S CODE OF ORDINANCES BY ADDING
THERETO A NEW SECTION XVII, “WATER CONSERVATION AND
ENFORCEMENT FEES”; ADOPTING A WATER CONSERVATION AND
DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN;
ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF
DROUGHT RESPONSE STATES; ESTABLISHING RESTRICTIONS ON
CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION
OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS;
ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas (the “Town”), recognizes that the amount of
water available to its water customers is limited; and
WHEREAS, the Town recognizes that due to natural limitations, drought conditions,
system failures and other acts of God which may occur, the Town cannot guarantee an
uninterrupted water supply for all purposes at all times; and
WHEREAS, the Texas Water Code and the regulations of the Texas Commission on
Environmental Quality (the “Commission”) require that the Town adopt a Drought Contingency
Plan; and
WHEREAS, the Town has determined an urgent need in the best interests of the public
to adopt a Drought Contingency Plan; and
WHEREAS, pursuant to Chapters 51 and 54 of the Texas Local Government Code, the
Town is authorized to adopt any such ordinances necessary to preserve and conserve its water
resources; and
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), desires
to adopt an updated Water Conservation and Drought Contingency and Water Emergency
Response Plan for the Town of Prosper as official Town policy for water conservation; and
WHEREAS, the Town Council has investigated and determined that it will be
advantageous and beneficial to the citizens of Prosper and will protect the public health, safety
and welfare to adopt a drought contingency plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
Item 9
Ordinance No. 14-__, page 2
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
From and after the effective date of this Ordinance, Section 13.05, “Water Conservation
and Drought Contingency and Water Emergency Response Plan” of Chapter 13, “Utilities,” of
the Town’s Code of Ordinances is hereby amended to read as follows:
“Sec. 13.05.001 Plan Adopted
The Town Council hereby approves and adopts for the town, its citizens and water customers
the new Water Conservation and Drought Contingency and Water Emergency Response Plan
(the “Plan”), attached to this Ordinance 14-__ as Exhibit A and incorporated herein for all
purposes. A copy of this Ordinance and the Plan are available in the Town Secretary’s Office.
Sec. 13.05.002 Penalty
Any customer, defined pursuant to 30 Texas Administrative Code Chapter 291, failing to comply
with the provisions of the Plan shall be subject to a fine of up to two thousand dollars
($2,000.00) per day per occurrence and/or discontinuance of water service by the Town. Proof
of a culpable mental state is not required for a conviction of an offense under this section. Each
day a customer fails to comply with the Plan is a separate violation. The Town’s authority to
seek injunctive or other civil relief available under the law is not limited by this section.
Sec. 13.05.003 Administrative Remedies
The Town may elect to exercise the following administrative remedies for violations of the Plan
in lieu of pursuing criminal penalties against single family water account holders, business and
professional parks, homeowners’ associations, apartments, home builders, land developers,
and any other entities.
(a) Administrative Fees. Administrative fees shall be added to the customer’s
regular monthly Town utility bill, as established in Appendix A to this code.
(b) Contesting Violations. A water customer as defined above may request a
hearing before a hearing officer(s) appointed by the Executive Director of Development and
Community Services within fifteen (15) business days after the date on the Notice. The hearing
officer(s) shall evaluate all information offered by the petitioner at the hearing. The customer
shall bear the burden of proof to show why, by preponderance of the evidence, the
administrative fee should not be assessed. The hearing officer(s) shall render a decision in
writing within three (3) business days of the conclusion of the hearing. A customer may appeal
the decision from the hearing officer(s) in writing to the Executive Director of Development and
Community Services within three (3) business days of the conclusion of the hearing. The
decision by the Executive Director of Development and Community Services is final and
binding.
Item 9
Ordinance No. 14-__, page 3
(c) Paying Assessed Fees. If, after the expiration of the fifteen (15) business days from
the date on the Notice, the customer has not requested an administrative hearing to contest the
assessment of an administrative fee or paid the administrative fee, the Town shall apply and
charge the assessed administrative fee to the customer’s next Town Utility Bill.”
SECTION 3
The Town Council hereby approves and adopts the Water Conservation and Drought
Contingency and Water Emergency Response Plan (the “Plan”) as modified for the Town of
Prosper, attached hereto as Exhibit A, as if recited verbatim herein. The Town commits to
implement the requirements and procedures set forth in the adopted Plan.
SECTION 4
From and after the effective date of this Ordinance, Appendix A to the Town’s Code of
Ordinances is amended by adding thereto a new Section XVII, “Water Conservation and
Enforcement Fees,” to read as follows:
“Sec. XVII Water Conservation and Enforcement Fees
Administrative Fees. Administrative fees for violations to the Town’s Water Conservation and
Drought Contingency and Emergency Water Response Plan shall be added to water account
holders’ regular monthly Town utility bill as follows:
First Offense Warning /Online 40 Gallon Challenge
Second Offense $100
Third Offense and Subsequent offenses $300
Unpaid assessed administrative fees related to violations of water use restrictions under the
Town Plan shall incur late payment penalties and may result in termination of water service.”
SECTION 5
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
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. 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.
Item 9
Ordinance No. 14-__, page 4
SECTION 7
Filing of Ordinance and Plan with Commission. The Town Manger or his designee is
hereby directed to file a copy of the Plan and this Ordinance with the Commission in accordance
with Title 30, Chapter 288 of the Texas Administrative Code, as amended.
SECTION 8
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two
Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be
considered a separate offense; provided, however, that such penal provision shall not preclude
a suit to enjoin such violation. The Town of Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 9
This Ordinance shall take effect and be in full force from and after its passage and
publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule
Charter of the Town of Prosper, Texas
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 27TH DAY OF MAY, 2014.
APPROVED:
________________________________
Ray Smith, Mayor
ATTEST:
___________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
__________________________________
Terrence S. Welch, Town Attorney
Item 9
__________________________________
Frank E. Jaromin, P.E.
Prepared by:
Frank E. Jaromin, P.E.
Prosper Public Works
Prosper Texas
972.347.9969
WATER
CONSERVATION
AND DROUGHT
CONTINGENCY
AND WATER
EMERGENCY
RESPONSE PLAN
May 2014
Item 9
FORWARD
This water conservation and drought contingency and water emergency response plan
was prepared by Freese and Nichols for the North Texas Municipal Water District
(NTMWD). It is intended to be used as a guide by NTMWD Member Cities and
Customers as they develop their own water conservation and drought contingency and
water emergency response plans. The model plan was prepared pursuant to Texas
Commission on Environmental Quality rules. Some material is based on the existing
water conservation plans listed in Appendix A. To develop a regional approach, the
conservation plans for the City of Fort Worth and the City of Dallas were consulted.
Questions regarding this model water conservation and drought contingency and water
emergency response plan should be addressed to the following:
Tom Gooch, P.E. Stephanie Griffin, P.E. Denise Hickey
Freese and Nichols, Inc. Freese and Nichols, Inc. North Texas Municipal
(817) 735-7300 (817) 735-7300 Water District
tcg@freese.com swg@freese.com (972) 442-5405
dhickey@ntmwd.com
The model water conservation and drought contingency and water emergency response
plan is based on the Texas Administrative Code in effect on August 31, 2007. The Texas
Commission on Environmental Quality (TCEQ) is currently preparing additional
regulations in compliance with the mandates of Senate Bill 3 and House Bill 4 enacted in
2007 by the 80th Texas Legislature. The draft regulations have been considered in the
preparation of this plan. The following items are presented in the draft regulations and
are not currently in the regulations:
A definition for “best management practices” will be added.
A copy of the plan must be submitted to the Executive Administrator of the Texas
Water Development Board.
An annual progress report will be required to be submitted to the Texas Water
Development Board. (The annual report may be in a different format than the annual
report included in Appendix I).
Requirement that water suppliers providing service to 3,300 or more connections
must prepare a water conservation plan.
Enforcement authority in relation to violations of the rules regulating water
conservation plans and annual report is provided to the Texas Water Development
Board.
None of the proposed adjustments will cause this model plan to be obsolete. The most
current annual report form should be obtained from TCEQ when preparing the annual
report (Appendix I) to submit to the TCEQ. A copy of the annual report should be sent to
the Texas Water Development Board as well as to the TCEQ.
Item 9
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
i
TABLE OF CONTENTS
1. INTRODUCTION AND OBJECTIVES................................................................ 1-1
2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ............ 2-1
2.1 Conservation Plans ......................................................................................... 2-1
2.2 Drought Contingency Plans ........................................................................... 2-2
3. WATER UTILITY PROFILE ................................................................................ 3-1
4. SPECIFICATION OF WATER CONSERVATION GOALS ............................ 4-1
5. METERING, WATER USE RECORDS, CONTROL OF UNACCOUNTED
WATER, AND LEAK DETECTION AND REPAIR .......................................... 5-1
5.1 Accurate Metering of Treated Water Deliveries from NTMWD .................. 5-1
5.2 Metering of Customer and Public Uses and Meter Testing, Repair, and
Replacement ................................................................................................... 5-1
5.3 Record Management System ......................................................................... 5-1
5.4 Determination and Control of Unaccounted Water ....................................... 5-1
5.5 Leak Detection and Repair ............................................................................. 5-2
5.6 Monitoring of Effectiveness and Efficiency - Annual Water Conservation
Report ............................................................................................................. 5-2
5.7 Water Conservation Implementation Report ................................................. 5-2
6. CONTINUING PUBLIC EDUCATION AND INFORMATION CAMPAIGN 6-1
7. WATER RATE STRUCTURE ............................................................................... 7-1
8. OTHER WATER CONSERVATION MEASURES ............................................ 8-1
8.1 NTMWD System Operation Plan .................................................................. 8-1
8.2 Reuse and Recycling of Wastewater .............................................................. 8-1
8.3 Ordinances, Plumbing Codes, or Rules on Water-Conserving Fixtures ........ 8-1
8.4 Landscape Water Management Measures ..................................................... 8-1
8.5 Additional Water Conservation Measures (Not Required) ............................ 8-2
8.6 Requirement for Water Conservation Plans by Wholesale Customers ......... 8-3
8.7 Coordination with Regional Water Planning Group and NTMWD .............. 8-4
9. IMPLEMENTATION AND ENFORCEMENT OF THE WATER
CONSERVATION PLAN ....................................................................................... 9-1
10. REVIEW AND UPDATE OF WATER CONSERVATION PLAN.................. 10-1
11. DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE
PLAN ....................................................................................................................... 11-1
11.1 Introduction .................................................................................................. 11-1
11.2 State Requirements for Drought Contingency and Water Emergency
Response Plans............................................................................................. 11-1
11.3 Provisions to Inform the Public and Opportunity for Public Input .............. 11-2
11.4 Provisions for Continuing Public Education and Information ..................... 11-2
11.5 Initiation and Termination of Drought or Water Emergency Response
Stages ........................................................................................................... 11-3
Item 9
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
ii
11.6 Drought Contingency and Water Emergency Response Stages and
Measures ...................................................................................................... 11-4
11.7 Procedures for Granting Variances to the Plan .......................................... 11-12
11.8 Procedures for Enforcing Mandatory Water Use Restrictions .................. 11-13
11.9 Coordination with the Regional Water Planning Groups .......................... 11-13
11.10 Review and Update of Drought Contingency and Water Emergency
Response Plan ............................................................................................ 11-13
APPENDICES
APPENDIX A List of References
APPENDIX B Texas Commission on Environmental Quality Rules on
Municipal Water Conservation and Drought Contingency
Plans
Texas Administrative Code Title 30, Part 1, Chapter 288,
Subchapter A, Rule §288.1 – Definitions (Page B-1)
Texas Administrative Code Title 30, Part 1, Chapter 288,
Subchapter A, Rule §288.2 – Water Conservation Plans for
Municipal Uses by Public Water Suppliers (Page B-4)
Texas Administrative Code Title 30, Part 1, Chapter 288,
Subchapter B, Rule §288.20 – Drought Contingency Plans for
Municipal Uses by Public Water Suppliers (Page B-7)
APPENDIX C TCEQ Water Utility Profile
APPENDIX D NTMWD Member City and Customer Annual Water
Conservation Report
APPENDIX E Considerations for Landscape Water Management Regulations
APPENDIX F Letters to Region C and Region D Water Planning Groups
APPENDIX G Adoption of Water Conservation and Drought Contingency
and Water Emergency Response Plan
Town of Prosper Ordinance Adopting Water Conservation and
Drought Contingency and Water Emergency Response Plan
APPENDIX H Illegal Water Connections and Theft of Water
Existing Ordinance 06-03
APPENDIX I N/A
APPENDIX J Water Conservation Implementation Report
Item 9
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
1-1
Water Conservation and Drought Contingency and Water Emergency
Response Plan for Town of Prosper
May 2014
1. INTRODUCTION AND OBJECTIVES
Water supply has always been a key issue in the development of Texas. In recent years, the
growing population and economic development of North Central Texas has led to increasing
demands for water supplies. At the same time, local and less expensive sources of water
supply are largely developed. Additional supplies to meet higher demands will be
expensive and difficult to develop. It is therefore important that the Town of Prosper make
the most efficient use of existing supplies. This will delay the need for new supplies,
minimize the environmental impacts associated with developing new supplies, and delay the
high cost of additional water supply development.
Recognizing the need for efficient use of existing water supplies, the Texas Commission on
Environmental Quality (TCEQ) has developed guidelines and requirements governing the
development of water conservation and drought contingency plans for public water
suppliers. 1, 2 TCEQ guidelines and requirements are included in Appendix B. The best
management practices established by the Water Conservation Implementation Task Force 3,
established pursuant to SB1094 by the 78th Legislature, were also considered in the
development of the water conservation measures. The North Texas Municipal Water
District (NTMWD) has developed this model water conservation and drought contingency
and water emergency response plan for its Member Cities and Customers following TCEQ
guidelines and requirements. This water conservation and drought contingency and water
emergency response plan was developed in concert with the NTMWD’s water conservation
and drought contingency and water emergency response plan. 4 This model water
conservation and drought contingency and water emergency response plan replaces the
model plans dated November 2011.
The water conservation sections of this plan include measures that are intended to result in
ongoing, long-term water savings. The drought contingency and water emergency response
sections of this plan address strategies designed to temporarily reduce water use in response
to specific conditions.
The objectives of this model water conservation plan are as follows:
To reduce water consumption from the levels that would prevail without
conservation efforts.
To reduce the loss and waste of water.
To improve efficiency in the use of water.
1 Superscripted numbers match references listed in Appendix A.
Item 9
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
1-2
To document the level of recycling and reuse in the water supply.
To extend the life of current water supplies by reducing the rate of growth in
demand.
The water conservation plan presented in this document is a model water conservation plan
intended for adoption by the NTMWD Member Cities and Customers. In order to adopt this
plan, each Member City and Customer will need to do the following:
Complete the water utility profile (provided in Appendix C).
Complete the annual water conservation implementation report (in Appendix J).
Set five-year and ten-year goals for per capita water use.
Adopt ordinance(s) or regulation(s) approving the model plan.
The water utility profile, goals, and ordinance(s) or regulations should be provided to
NTMWD in draft form for review and comments. Final adopted versions should also be
provided to NTMWD, as well as TCEQ.
This model plan includes all of the elements required by TCEQ. Some elements of this
model plan go beyond TCEQ requirements. Any water supplier wishing to adjust elements
of the plan should coordinate with NTMWD.
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2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES
2.1 Conservation Plans
The TCEQ rules governing development of water conservation plans for public water
suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the
Texas Administrative Code, which is included in Appendix B. For the purpose of these
rules, a water conservation plan is defined as “A strategy or combination of strategies for
reducing the volume of water withdrawn from a water supply source, for reducing the loss
or waste of water, for maintaining or improving the efficiency in the use of water, for
increasing the recycling and reuse of water, and for preventing the pollution of water.”1 The
elements in the TCEQ water conservation rules covered in this conservation plan are listed
below.
Minimum Conservation Plan Requirements
The minimum requirements in the Texas Administrative Code for Water Conservation Plans
for Public Water Suppliers are covered in this report as follows:
288.2(a)(1)(A) – Utility Profile – Section 3 and Appendix C
288.2(a)(1)(B) – Specification of Goals – Section 4
288.2(a)(1)(C) – Specific, Quantified Goals – Section 4
288.2(a)(1)(D) – Accurate Metering – Sections 5.1 and 5.2
288.2(a)(1)(E) – Universal Metering – Section 5.2
288.2(a)(1)(F) – Determination and Control of Unaccounted Water – Section 5.4
288.2(a)(1)(G) – Public Education and Information Program – Section 6
288.2(a)(1)(H) – Non-Promotional Water Rate Structure – Section 7
288.2(a)(1)(I) – Reservoir System Operation Plan – Section 8.1
288.2(a)(1)(J) – Means of Implementation and Enforcement – Section 9
288.2(a)(1)(K) – Coordination with Regional Water Planning Group – Section 8.7
and Appendix F
288.2(c) – Review and Update of Plan – Section 10
Conservation Additional Requirements (Population over 5,000)
The Texas Administrative Code includes additional requirements for water conservation
plans for drinking water supplies serving a population over 5,000:
288.2(a)(2)(A) – Leak Detection, Repair, and Water Loss Accounting – Sections
5.4, 5.5, and 5.6
288.2(a)(2)(B) – Record Management System – Section 5.3
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288.2(a)(2)(C) – Requirement for Water Conservation Plans by Wholesale
Customers – Section 8.6
Additional Conservation Strategies
The TCEQ requires that a water conservation implementation report be completed and
submitted on an annual basis. This report is included in Appendix I.
In addition to the TCEQ required water conservation strategies, the NTMWD also requires
the following strategy to be included in the Town of Prosper plans:
288.2(a)(3)(F) – Considerations for Landscape Water Management Regulations –
Section 8.4 and Appendix E
TCEQ rules also include optional, but not required, conservation strategies, which may be
adopted by suppliers. The NTMWD recommends that the following strategies be included
in the Town of Prosper’s water conservation plans:
288.2(a)(3)(A) – Conservation Oriented Water Rates – Section 7
288.2(a)(3)(B) – Ordinances, Plumbing Codes or Rules on Water-Conserving
Fixtures – Section 8.3
288.2(a)(3)(C) – Replacement or Retrofit of Water-Conserving Plumbing Fixtures –
Section 8.5
288.2(a)(3)(D) – Reuse and Recycling of Wastewater – Section 8.2
288.2(a)(3)(F) – Considerations for Landscape Water Management Regulations –
Section 8.5 and Appendix E
288.2(a)(3)(G) – Monitoring Method – Section 5.6
288.2(a)(3)(H) – Additional Conservation Ordinance Provisions – Section 8.5
2.2 Drought Contingency Plans
The TCEQ rules governing development of drought contingency plans for public water
suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 of the
Texas Administrative Code, a current copy of which is included in Appendix B. For the
purpose of these rules, a drought contingency and water emergency response plan is defined
as “a strategy or combination of strategies for temporary supply and demand management
responses to temporary and potentially recurring water supply shortages and other water
supply emergencies.” 2
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3. WATER UTILITY PROFILE
Appendix C to this model water conservation and drought contingency and water
emergency response plan is a sample water utility profile based on the format recommended
by the TCEQ. In adopting this model water conservation plan, the Town of Prosper will
provide a draft water utility profile to NTMWD for review and comment. A final water
utility profile will be provided to NTMWD.
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4. SPECIFICATION OF WATER CONSERVATION GOALS
TCEQ rules require the adoption of specific water conservation goals for a water
conservation plan. As part of plan adoption, the Town of Prosper must develop 5-year and
10-year goals for per capita municipal use. These goals should be submitted to NTMWD in
draft form for review. The goals for this water conservation plan include the following:
Maintain the per capita municipal water use below the specified amount in gallons
per capita per day in a dry year, as shown in the completed Table 4.1.
Maintain the level of unaccounted water in the system below 12 percent annually in
2014 and subsequent years, as discussed in Section 5.4. (The 12 percent goal for
unaccounted water is recommended but is not required. Systems with long distances
between customers may adopt a higher unaccounted water goal.)
Implement and maintain a program of universal metering and meter replacement and
repair, as discussed in Section 5.2.
Increase efficient water usage through a water conservation ordinance, order or
resolution as discussed in Section 8.4 and Appendix E. (This ordinance is required
by the NTMWD.)
Decrease waste in lawn irrigation by implementation and enforcement of landscape
water management regulations, as discussed in Section 8.5. (These landscape water
management regulations are recommended but are not required.)
Raise public awareness of water conservation and encourage responsible public
behavior by a public education and information program, as discussed in Section 6.
Develop a system specific strategy to conserve water during peak demands, thereby
reducing the peak use.
Table 4.1
Five-Year and Ten-Year Municipal Per Capita Water Use Goals (gpcd)
Description
Current
Average
(gpcd)
5-Year
Goal
(gpcd)
10-Year
Goal
(gpcd)
Current 5-Year Average Per Capita Municipal
Use with Credit for Reuse 161.42 170 155
Expected Reduction due to Low-Flow
Plumbing Fixtures 0 0 0
Projected Reduction Due to Elements in this
Plan 0 0 0
Water Conservation Goals (with credit for
reuse) 161.42 170 155
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5. METERING, WATER USE RECORDS, CONTROL OF UNACCOUNTED
WATER, AND LEAK DETECTION AND REPAIR
One of the key elements of water conservation is tracking water use and controlling losses
through illegal diversions and leaks. It is important to carefully meter water use, detect and
repair leaks in the distribution system and provide regular monitoring of unaccounted water.
5.1 Accurate Metering of Treated Water Deliveries from NTMWD
Water deliveries from NTMWD are metered by NTMWD using meters with accuracy of
±2%. These meters are calibrated on a monthly basis by NTMWD to maintain the required
accuracy.
5.2 Metering of Customer and Public Uses and Meter Testing, Repair, and
Replacement
The provision of water to all customers, including public and governmental users, should be
metered. In all cases, the Town of Prosper already meters retail and wholesale water users.
Most the Town of Prosper test and replace their customer meters on a regular basis. All
customer meters should be replaced on a minimum of a 15-year cycle. The Town of Prosper
will have a meter testing and replacement program implement over the next three years.
5.3 Record Management System
As required by TAC Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2(a)(2)(B), a
record management system should allow for the separation of water sales and uses into
residential, commercial, public/institutional, and industrial categories. The Town of Prosper
intends to implement a system to separate water sales in the next utility update. This
information should be included in an annual water conservation report, as described in
Section 5.6 below.
5.4 Determination and Control of Unaccounted Water
Unaccounted water is the difference between water delivered to the Town of Prosper from
NTMWD (and other supplies, if applicable) and metered water sales to customers plus
authorized but unmetered uses. (Authorized but unmetered uses would include use for fire
fighting, releases for flushing of lines, uses associated with new construction, etc.)
Unaccounted water can include several categories:
Inaccuracies in customer meters. (Customer meters tend to run more slowly as they
age and under-report actual use.)
Accounts which are being used but have not yet been added to the billing system.
Losses due to water main breaks and leaks in the water distribution system.
Losses due to illegal connections and theft. (Included in Appendix G.)
Other.
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Measures to control unaccounted water should be part of the routine operations of the Town
of Prosper. Maintenance crews and personnel should look for and report evidence of leaks
in the water distribution system. A leak detection and repair program is described in Section
5.5 below. Meter readers should watch for and report signs of illegal connections, so they
can be quickly addressed.
Unaccounted water should be calculated in accordance with the provisions of Appendix C.
With the measures described in this plan, The Town of Prosper should maintain
unaccounted water below 12 percent in 2014 and subsequent years. If unaccounted water
exceeds this goal, the Town of Prosper should implement a more intensive audit to
determine the source(s) of and reduce the unaccounted water. The annual conservation
report described below is the primary tool that should be used to monitor unaccounted
water.
5.5 Leak Detection and Repair
As described above, town crews and personnel should look for and report evidence of leaks
in the water distribution system. In areas of the water distribution system in which
numerous leaks and line breaks occur should be targeted for replacement as funds are
available.
5.6 Monitoring of Effectiveness and Efficiency - Annual Water Conservation
Report
Appendix D is a form that should be used in the development of an annual water
conservation report by the Town of Prosper. This form should be completed by March 31
of the following year and used to monitor the effectiveness and efficiency of the water
conservation program and to plan conservation-related activities for the next year. The form
records the water use by category, per capita municipal use, and unaccounted water for the
current year and compares them to historical values. The annual water conservation report
should be sent to NTMWD, which will monitor the Town of Prospers’ water conservation
trends.
5.7 Water Conservation Implementation Report
Appendix j includes the TCEQ-required water conservation implementation report. The
report is due to the TCEQ by May 1 of every year, starting in the year 2011. This report
lists the various water conservation strategies that have been implemented, including the
date the strategy was implemented. The report also calls for the five-year and ten-year per
capita water use goals from the previous water conservation plan. The reporting entity must
answer whether or not these goals have been met and if not, why not. The amount of water
saved is also requested.
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6. CONTINUING PUBLIC EDUCATION AND INFORMATION CAMPAIGN
The continuing public education and information campaign on water conservation includes
the following elements:
Utilize the “Water IQ: Know Your Water” and other public education materials
produced by the NTMWD.
Insert water conservation information with water bills. Inserts will include material
developed by Member Cities’ and Customers’ staff and material obtained from the
TWDB, the TCEQ, and other sources.
Encourage local media coverage of water conservation issues and the importance of
water conservation.
Notify local organizations, schools, and civic groups that Member City or Customer
staff and staff of the NTMWD are available to make presentations on the importance
of water conservation and ways to save water.
Promote the Texas Smartscape web site (www.txsmartscape.com) and provide water
conservation brochures and other water conservation materials available to the
public at City Hall and other public places.
Make information on water conservation available on its website (if applicable) and
include links to the “Water IQ: Know Your Water” website, Texas Smartscape
website and to information on water conservation on the TWDB and TCEQ web
sites and other resources.
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7. WATER RATE STRUCTURE
The Town of Prosper has adopted an increasing block rate water structure that is intended to
encourage water conservation and discourage excessive use and waste of water. An
example water rate structure is as follows:
Residential Rates
1. Monthly minimum charge. This can (but does not have to) include up to
2,000 gallons water use with no additional charge.
2. Base charge per 1,000 gallons up to the approximate average residential use.
3. 2nd tier (from the average to 2 times the approximate average) at 1.25 to 2.0
times the base charge.
4. 3rd tier (above 2 times the approximate average) at 1.25 to 2.0 times the 2nd
tier.
5. The residential rate can also include a lower tier for basic household use up to
4,000 gallons per month or a determined basic use.
Commercial/Industrial Rates
Commercial/industrial rates should include at least 2 tiers, with rates for the 2nd tier at
1.25 to 2.0 times the first tier. Higher water rates for commercial irrigation use are
encouraged, but not required.
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8. OTHER WATER CONSERVATION MEASURES
8.1 NTMWD System Operation Plan
The Town of Prosper purchases treated water from NTMWD and do not have surface water
supplies for which to implement a system operation plan. NTMWD’s permits do allow
some coordinated operation of its water supply sources, and NTMWD is seeking additional
water rights for coordinated operation to optimize its available water supplies.
8.2 Reuse and Recycling of Wastewater
The Town of Prosper does not own and operate a wastewater treatment plant. Their
wastewater is treated by NTMWD. NTMWD currently has the largest wastewater reuse
program in the state. NTMWD has water rights allowing reuse of up to 71,882 acre-feet per
year of this treated wastewater through Lake Lavon for municipal purposes. In addition,
NTMWD has also developed the East Fork Raw Water Supply Project which can divert up
to 157,393 acre-feet per year based on treated wastewater discharges by the NTMWD.
When fully developed, these two reuse projects will provide up to 44 percent of the
NTMWD’s currently permitted water supplies. NTMWD also provides treated effluent from
its wastewater treatment plants available for direct reuse for landscape irrigation and
industrial use.
8.3 Ordinances, Plumbing Codes, or Rules on Water-Conserving Fixtures
The state has required water-conserving fixtures in new construction and renovations since
1992. The state standards call for flows of no more than 2.5 gallons per minute (gpm) for
faucets, 3.0 gpm for showerheads, and 1.6 gallons per flush for toilets. Similar standards are
now required nationally under federal law. These state and federal standards assure that all
new construction and renovations will use water-conserving fixtures. Optional rebate
programs to encourage replacement of older fixtures with water conservation programs are
discussed in Section 8.5.
8.4 Landscape Water Management Measures
The following landscape water management measures are required by the NTMWD for this
plan. These are the minimal measures that should be implemented and enforced in order to
irrigate the landscape appropriately.
Time of day restrictions prohibiting lawn irrigation watering from 10 AM to 6 PM
beginning April 1 and ending October 31 of each year.
Prohibition of watering of impervious surfaces. (Wind driven water drift will be
taken into consideration.)
Prohibition of outdoor watering during precipitation or freeze events.
Lawn and landscape irrigation limited to twice per week.
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Prohibiting the use of treated water to fill or refill residential, amenity, and any
other natural or manmade ponds. A pond is considered to be a still body of water
with a surface area of 500 square feet or more.
Rain and freeze sensors and/or ET or Smart controllers required on all new
irrigation systems. Rain and freeze sensors and/or ET or Smart controllers must
be maintained to function properly.
“At home” car washing can be done only when using a water hose with a shut-off
nozzle.
Member Cities and Customers are responsible for developing regulations,
ordinances, policies, or procedures for enforcement of water conservation
guidelines.
Prohibition of watering areas that have been overseeded with cool season grasses
(such as rye grass or other similar grasses), except for golf courses and public
athletic fields.
8.5 Additional Water Conservation Measures (Not Required)
The following water conservation measures are also included in this Plan as options to be
considered by the Town of Prosper:
Additional landscape water management regulations
Landscape ordinance
Water audits
Rebates
Appendix E is a summary of considerations for landscape water management regulations
adopted as part of the development of this water conservation plan. These regulations are
intended to minimize waste in landscape irrigation. Appendix E includes the required
landscape water measures in 8.4. In addition, NTMWD recommends the following
measures, but they are not required:
Requirement that all existing irrigation systems be retrofitted with rain and freeze
sensors and/or ET or Smart controllers capable of multiple programming. Rain and
freeze sensors and/or ET or Smart controllers must be maintained to function
properly.
Prohibition of use of poorly maintained irrigation systems that waste water.
Prohibition of planting cool season grasses (such as rye grass or other similar
grasses) that intensify cool season water requirements, exception allowed for golf
courses or public athletic fields.
Requirement that all new athletic fields be irrigated by a separate irrigation system
from surrounding areas.
Implementation of other measures to encourage off-peak water use.
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Landscape ordinances are developed by cities to guide developers in landscaping
requirements for the town. NTMWD recommends that the following measures be included
in the entity’s landscape ordinance:
Requirement that all new irrigation systems be in compliance with state design
and installation regulations (TAC Title 30, Part 1, Chapter 344).
Native, drought tolerant or adaptive plants should be encouraged.
Drip irrigation systems should be promoted.
Evapotranspiration (ET) / Smart controllers that only allow sprinkler systems to
irrigate when necessary should be promoted.
Water audits are useful in finding ways in which water can be used more efficiently at a
specific location. NTMWD recommends that the Town of Prosperoffer water audits to
customers.
In addition to the conservation measures described above, the NTMWD considers the
following water conservation incentive programs as options that might be included in the
plan:
Low-flow toilet replacements,
Rain/freeze sensors and/or ET or Smart controllers,
Low-flow showerhead and sink aerators replacement programs ,
ET/Smart irrigation controller,
Water efficient clothes washer,
Pressure reducing valve installation programs,
Rain barrel,
On-demand hot water heater, or
Other water conservation incentive programs.
8.6 Requirement for Water Conservation Plans by Wholesale Customers
Every contract for the wholesale sale of water by the Town of Prosper that is entered into,
renewed, or extended after the adoption of this water conservation plan will include a
requirement that the wholesale customer and any wholesale customers of that wholesale
customer develop and implement a water conservation plan meeting the requirements of
Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code.1
The requirement will also extend to each successive wholesale customer in the resale of the
water.
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8.7 Coordination with Regional Water Planning Group and NTMWD
Appendix F includes a letter sent to the Chair of the Region C water planning group with
this model water conservation plan. The Town of Prosper will send a copy of their draft
ordinance(s) or regulation(s) implementing the plan and their water utility profile to
NTMWD for review and comment. The adopted ordinance(s) or regulation(s) and the
adopted water utility profile will be sent to the Chair of the Region C Water Planning Group
and to NTMWD.
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9. IMPLEMENTATION AND ENFORCEMENT OF THE WATER
CONSERVATION PLAN
Appendix G contains a copy of an ordinance, order, or resolution which may be tailored to
meet the Town of Prosper’s needs and be adopted by the Town Council or governing board
regarding the model water conservation plan. The ordinance, order, or resolution designates
responsible officials to implement and enforce the water conservation plan. Appendix E, the
considerations for landscape water management regulations, also includes information about
enforcement. Appendix H includes a copy of an ordinance, order, or resolution that may be
adopted related to illegal connections and water theft.
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10. REVIEW AND UPDATE OF WATER CONSERVATION PLAN
TCEQ requires that the water conservation plans be updated prior to May 1, 2014. The
plans are required to be updated every five years thereafter. The plan will be updated as
required and as appropriate based on new or updated information.
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11. DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE
PLAN
11.1 Introduction
The purpose of this model drought contingency and water emergency response plan is as
follows:
To conserve the available water supply in times of drought and emergency
To maintain supplies for domestic water use, sanitation, and fire protection
To protect and preserve public health, welfare, and safety
To minimize the adverse impacts of water supply shortages
To minimize the adverse impacts of emergency water supply conditions.
The NTMWD supplies treated water to its Member Cities and Customers. This model plan
was developed by NTMWD in consultation with its Member Cities. In order to adopt this
model plan, each NTMWD Member City and Customer will need to adopt ordinance(s) or
regulation(s) implementing the plan, including the determination of fines and enforcement
procedures. The model plan calls for Member Cities and Customers to adopt drought stages
initiated by NTMWD during a drought or water supply emergency. Member Cities and
Customers may also adopt more stringent drought or water emergency response stages than
NTMWD if conditions warrant.
A drought is defined as an extended period of time when an area receives insufficient
amounts of rainfall to replenish the water supply, causing water supply sources, in this
case reservoirs, to be depleted. In the absence of drought response measures, water
demands tend to increase during a drought due to the need for additional outdoor
irrigation. The severity of a drought depends on the degree of depletion of supplies and
on the relationship of demand to available supplies. The NTMWD considers a drought to
end when all of its supply reservoirs refill to the conservation storage pool.
11.2 State Requirements for Drought Contingency and Water Emergency Response
Plans
This model drought contingency and water emergency response plan is consistent with
Texas Commission on Environmental Quality guidelines and requirements for the
development of drought contingency plans for public water suppliers, contained in Title 30,
Part 1, Chapter 288, Subchapter B, Rule 288.20 of the Texas Administrative Code.2 This
rule is contained in Appendix B.
Minimum Requirements
TCEQ’s minimum requirements for drought contingency plans are addressed in the
following subsections of this report:
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288.20(a)(1)(A) – Provisions to Inform the Public and Provide Opportunity for
Public Input – Section 11.3
288.20(a)(1)(B) – Provisions for Continuing Public Education and Information –
Section 11.4
288.20(a)(1)(C) – Coordination with the Regional Water Planning Group – Section
11.9
288.20(a)(1)(D) – Criteria for Initiation and Termination of Drought Stages –
Section 11.5
288.20(a)(1)(E) – Drought and Emergency Response Stages – Section 11.6
288.20(a)(1)(F) – Specific, Quantified Targets for Water Use Reductions – Section
11.6
288.20(a)(1)(G) – Water Supply and Demand Management Measures for Each
Stage – Section 11.6
288.20(a)(1)(H) – Procedures for Initiation and Termination of Drought Stages –
Section 11.5
288.20(a)(1)(I) - Procedures for Granting Variances – Section 11.7
288.20(a)(1)(J) - Procedures for Enforcement of Mandatory Restrictions – Section
11.8
288.20(a)(3) – Consultation with Wholesale Supplier – Sections 1, 11.1, 11.5, and
11.6
288.20(b) – Notification of Implementation of Mandatory Measures – Section 11.5
288.20(c) – Review and Update of Plan – Section 11.10
11.3 Provisions to Inform the Public and Opportunity for Public Input
The Town of Prosper will provide opportunity for public input in the development of this
drought contingency and water emergency response plan by the following means:
Providing written notice of the proposed plan and the opportunity to comment on the
plan by newspaper, posted notice, and notice on the supplier’s web site.
Making the draft plan available on the supplier’s web site.
Providing the draft plan to anyone requesting a copy.
Holding a public meeting.
11.4 Provisions for Continuing Public Education and Information
The Town of Prosper will inform and educate the public about the drought contingency and
water emergency response plan by the following means:
Preparing a bulletin describing the plan and making it available at town hall and
other appropriate locations.
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Making the plan available to the public through the supplier’s web site.
Including information about the drought contingency and water emergency response
plan on the supplier’s web site.
Notifying local organizations, schools, and civic groups that staff are available to
make presentations on the drought contingency and water emergency response plan
(usually in conjunction with presentations on water conservation programs).
At any time that the drought contingency and water emergency response plan is activated or
the drought stage or water emergency response stage changes, The Town of Prosper will
notify local media of the issues, the drought response stage or water emergency response
stage (if applicable), and the specific actions required of the public. The information will
also be publicized on the supplier’s web site (if available). Billing inserts will also be used
as appropriate.
11.5 Initiation and Termination of Drought or Water Emergency Response Stages
Initiation of a Drought or Water Emergency Response Stage
The Town Manager, Mayor, or official designee may order the implementation of a drought
or water emergency response stage when one or more of the trigger conditions for that stage
are met. The following actions will be taken when a drought or water emergency response
stage is initiated:
The public will be notified through local media and the supplier’s web site (if
available) as described in Section 3.2.
Wholesale customers (if any) and the NTMWD will be notified by e-mail with a
follow-up letter or fax that provides details of the reasons for initiation of the
drought/water emergency response stage.
If any mandatory provisions of the drought contingency and water emergency
response plan are activated, the Town of Prosper will notify the Executive Director
of the TCEQ and the Executive Director of the NTMWD within 5 business days.
Drought contingency/water emergency response stages imposed by NTMWD action must
be initiated by the Town of Prosper. For other trigger conditions internal to a town or water
supply entity, the Town Manager, Mayor, or official designee may decide not to order the
implementation of a drought response stage or water emergency even though one or more of
the trigger criteria for the stage are met. Factors which could influence such a decision
include, but are not limited to, the time of the year, weather conditions, the anticipation of
replenished water supplies, or the anticipation that additional facilities will become available
to meet needs. The reason for this decision should be documented.
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Termination of a Drought/Water Emergency Response Stage
The Town Manager, Mayor, or official designee may order the termination of a drought or
water emergency response stage when the conditions for termination are met or at their
discretion. The following actions will be taken when a drought or emergency response stage
is terminated:
The public will be notified through local media and the supplier’s web site (if
available) as described in Section 3.2.
Wholesale customers (if any) and the NTMWD will be notified by e-mail with a
follow-up letter or fax.
If any mandatory provisions of the drought contingency and water emergency
response plan that have been activated are terminated, the Town of Prosper will
notify the Executive Director of the TCEQ and the Executive Director of the
NTMWD within 5 business days.
The Town Manager, Mayor, or official designee may decide not to order the termination of
a drought or water emergency response stage even though the conditions for termination of
the stage are met. Factors which could influence such a decision include, but are not limited
to, the time of the year, weather conditions, or the anticipation of potential changed
conditions that warrant the continuation of the drought stage. The reason for this decision
should be documented.
11.6 Drought Contingency and Water Emergency Response Stages and Measures
Stage 1
Initiation and Termination Conditions for Stage 1
The NTMWD has initiated Stage 1, which may be initiated due to one or more of
the following:
o The NTMWD Executive Director, with the concurrence of the NTMWD Board
of Directors, finds that conditions warrant the declaration of Stage 1.
o Water demand is projected to approach the limit of the permitted supply.
o The storage in Lavon Lake is less than 65 percent of the total conservation pool
capacity.
o NTMWD’s storage in Jim Chapman Lake is less than 65 percent of NTMWD’s
total conservation pool capacity.
o .The Sabine River Authority has indicated that its Upper Basin water supplies
used by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Mild drought.
o NTMWD has concern that Lake Texoma, the East Fork Raw Water Supply
Project, or some other NTMWD source may be limited in availability in the next
6 months.
Item 9
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-5
o NTMWD water demand exceeds 90 percent of the amount that can be delivered
to customers for three consecutive days.
o Water demand for all or part of NTMWD’s delivery system approaches delivery
capacity because delivery capacity is inadequate.
o NTMWD’s supply source becomes contaminated.
o NTMWD’s water supply system is unable to deliver water due to the failure or
damage of major water system components.
Supplier’s water demand exceeds 90 percent of the amount that can be delivered to
customers for three consecutive days.
Supplier’s water demand for all or part of the delivery system approaches delivery
capacity because delivery capacity is inadequate.
Supply source becomes contaminated.
Supplier’s water supply system is unable to deliver water due to the failure or
damage of major water system components.
Supplier’s individual plan may be implemented if other criteria dictate.
Stage 1 may terminate when NTMWD terminates its Stage 1 condition or when the
circumstances that caused the initiation of Stage 1 no longer prevail.
Goal for Use Reduction and Actions Available under Stage 1
Stage 1 is intended to raise public awareness of potential drought or water emergency
problems. The goal for water use reduction under Stage 1 is a two percent reduction in the
amount of water produced by NTMWD. The Town Manager, Mayor, or official designee
may order the implementation of any of the actions listed below, as deemed necessary:
Request voluntary reductions in water use by the public and by wholesale customers.
Notify wholesale customers of actions being taken and request implementation of
similar procedures.
Increase public education efforts on ways to reduce water use.
Review the problems that caused the initiation of Stage 1.
Intensify efforts on leak detection and repair.
Reduce non-essential town government water use. (Examples include street
cleaning, vehicle washing, operation of ornamental fountains, etc.)
Notify major water users and work with them to achieve voluntary water use
reductions.
Reduce town government water use for landscape irrigation.
Ask the public to follow voluntary landscape watering schedules.
Avoid outdoor watering from 5:00 AM – 7 PM.
Item 9
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-6
Watering schedules will be posted.
Stage 2
Initiation and Termination Conditions for Stage 2
The NTMWD has initiated Stage 2, which may be initiated due to one or more of
the following:
o The NTMWD Executive Director, with the concurrence of the NTMWD Board
of Directors, finds that conditions warrant the declaration of Stage 2.
o Water demand is projected to approach the limit of the permitted supply.
o The storage in Lavon Lake is less than 55 percent of the total conservation pool
capacity.
o NTMWD’s storage in Jim Chapman Lake is less than 55 percent of NTMWD’s
total conservation pool capacity.
o The Sabine River Authority has indicated that its Upper Basin water supplies
used by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Mild drought.
o NTMWD has concern that Lake Texoma, the East Fork Raw Water Supply
Project, or some other NTMWD source may be limited in availability in the next
3 months.
o NTMWD water demand exceeds 95 percent of the amount that can be delivered
to customers for three consecutive days.
o NTMWD water demand for all or part of the delivery system equals delivery
capacity because delivery capacity is inadequate.
o NTMWD’s supply source becomes contaminated.
o NTMWD’s water supply system is unable to deliver water due to the failure or
damage of major water system components.
Supplier’s water demand exceeds 95 percent of the amount that can be delivered to
customers for three consecutive days.
Supplier’s water demand for all or part of the delivery system equals delivery
capacity because delivery capacity is inadequate.
Supply source becomes contaminated.
Supplier’s water supply system is unable to deliver water due to the failure or
damage of major water system components.
Supplier’s individual plan may be implemented if other criteria dictate.
Item 9
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-7
Stage 2 may terminate when NTMWD terminates its Stage 2 condition or when the
circumstances that caused the initiation of Stage 2 no longer prevail.
Goal for Use Reduction and Actions Available under Stage 2
The goal for water use reduction under Stage 2 is a five percent reduction in the amount of
water produced by NTMWD. If circumstances warrant or if required by NTMWD, the
Town Manager, Mayor, or official designee can set a goal for greater water use reduction.
The Town Manager, Mayor, or official designee may order the implementation of any of the
actions listed below, as deemed necessary. Measures described as “requires notification to
TCEQ” impose mandatory requirements on customers. The supplier must notify TCEQ and
NTMWD within five business days if these measures are implemented:
Continue or initiate any actions available under Stage 1.
Notify wholesale customers of actions being taken and request them to implement
similar procedures.
Initiate engineering studies to evaluate alternatives should conditions worsen.
Further accelerate public education efforts on ways to reduce water use.
Halt non-essential town government water use. (Examples include street cleaning,
vehicle washing, operation of ornamental fountains, etc.)
Encourage the public to wait until the current drought or emergency situation has
passed before establishing new landscaping.
Requires Notification to TCEQ – Limit landscape watering with sprinklers or
irrigation systems to no more than two days per week. An exception is allowed
for landscape associated with new construction that may be watered as necessary
for 30 days from the date of the certificate of occupancy.
Requires Notification to TCEQ – Restrict landscape and lawn irrigation from 5
AM to 7 PM beginning April 1 through October 31 of each year.
Requires Notification to TCEQ – Prohibit planting of cool season grasses (such
as rye grass or other similar grasses) that intensify cool season water
requirements.
Watering schedules will be posted.
Stage 3
Item 9
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-8
Initiation and Termination Conditions for Stage 3
The NTMWD has initiated Stage 3, which may be initiated due to one or more of
the following:
o The NTMWD Executive Director, with the concurrence of the NTMWD Board
of Directors, finds that conditions warrant the declaration of Stage 3.
o Water demand is projected to approach or exceed the limit of the permitted
supply.
o The storage in Lavon Lake is less than 45 percent of the total conservation pool
capacity.
o NTMWD’s storage in Jim Chapman Lake is less than 45 percent of NTMWD’s
total conservation pool capacity.
o The Sabine River Authority has indicated that its Upper Basin water supplies
used by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Moderate
drought. (Measures required by SRA under a Moderate drought designation are
similar to those under NTMWD’s Stage 3.)
o The supply from Lake Texoma, the East Fork Raw Water Supply Project, or
some other NTMWD source has become limited in availability.
o NTMWD water demand exceeds 98 percent of the amount that can be delivered
to customers for three consecutive days.
o NTMWD water demand for all or part of the delivery system exceeds delivery
capacity because delivery capacity is inadequate.
o NTMWD’s supply source becomes contaminated.
o NTMWD’s water supply system is unable to deliver water due to the failure or
damage of major water system components.
Supplier’s water demand exceeds 98 percent of the amount that can be delivered to
customers for three consecutive days.
Supplier’s water demand for all or part of the delivery system exceeds delivery
capacity because delivery capacity is inadequate.
Supply source becomes contaminated.
Supplier’s water supply system is unable to deliver water due to the failure or
damage of major water system components.
Supplier’s individual plan may be implemented if other criteria dictate.
Item 9
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-9
Stage 3 may terminate when NTMWD terminates its Stage 3 condition or when the
circumstances that caused the initiation of Stage 3 no longer prevail.
Goals for Use Reduction and Actions Available under Stage 3
The goal for water use reduction under Stage 3 is a reduction of ten percent in the amount of
water obtained from NTMWD. If circumstances warrant or if required by NTMWD, the
Town Manager, Mayor, or official designee can set a goal for a greater water use reduction.
The Town Manager, Mayor, or official designee must implement any action(s) required by
NTMWD. In addition, the Town Manager, Mayor, or official designee may order the
implementation of any of the actions listed below, as deemed necessary. Measures
described as “requires notification to TCEQ” impose mandatory requirements on customers.
The supplier must notify TCEQ and NTMWD within five business days if these measures
are implemented:
Continue or initiate any actions available under Stages 1 and 2.
Notify wholesale customers of actions being taken and request them to implement
similar procedures.
Implement viable alternative water supply strategies.
Requires Notification to TCEQ – Initiate mandatory water use restrictions as
follows:
o Prohibit hosing of paved areas, buildings, or windows. (Pressure washing of
impervious surfaces is allowed.)
o Prohibit operation of all ornamental fountains or other amenity
impoundments to the extent they use treated water.
o Prohibit washing or rinsing of vehicles by hose except with a hose end cutoff
nozzle.
o Prohibit using water in such a manner as to allow runoff or other waste.
Requires Notification to TCEQ – Limit landscape watering with sprinklers or
irrigation systems at each service address to once every seven days. Exceptions
are as follows:
o Foundations, new landscaping, new plantings (first year) of shrubs, and
trees may be watered for up to 2 hours on any day by a hand-held hose, a
soaker hose, or a dedicated zone using a drip irrigation system.
o Golf courses may water greens and tee boxes without restrictions.
o Public athletic fields used for competition may be watered twice per week.
o Locations using other sources of water supply for irrigation may irrigate
without restrictions.
Item 9
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-10
Requires Notification to TCEQ – Seasonal Landscape requirements limit
landscape watering with sprinklers or irrigation systems between November 1 and
March 31 to once every two weeks. An exception is allowed for landscape
associated with new construction that may be watered as necessary for 30 days
from the date of the certificate of occupancy, temporary certificate of occupancy,
or certificate of completion.
Avoid outdoor watering from 5:00 AM – 7:00 PM once a week except once every
two weeks between November 1, and March 31.
Watering schedules will be posted.
Requires Notification to TCEQ – Prohibit hydroseeding, hydromulching, and
sprigging.
Requires Notification to TCEQ – Existing swimming pools may not be drained
and refilled (except to replace normal water loss).
Requires Notification to TCEQ - Initiate a rate surcharge as requested by
NTMWD.
Requires Notification to TCEQ - Initiate a rate surcharge for all water use over a
certain level.
Requires Notification to TCEQ – If NTMWD has imposed a reduction in water
available to the Town of Prosper, impose the same percent reduction on wholesale
customers.
Requires Notification to TCEQ – Prohibit watering of golf courses using treated
water, except as needed to keep greens and tee boxes alive.
Stage 4
Initiation and Termination Conditions for Stage 4
The NTMWD has initiated Stage 4, which may be initiated due to one or more of
the following:
o The NTMWD Executive Director, with the concurrence of the NTMWD Board
of Directors, finds that conditions warrant the declaration of Stage 4.
o Water demand is projected to approach or exceed the limit of the permitted
supply.
o The storage in Lavon Lake is less than 35 percent of the total conservation pool
capacity.
o NTMWD’s storage in Jim Chapman Lake is less than 35 percent of NTMWD’s
total conservation pool capacity.
o The Sabine River Authority has indicated that its Upper Basin water supplies
used by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Severe drought or
Emergency.
Item 9
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-11
o The supply from Lake Texoma, the East Fork Raw Water Supply Project, or
some other NTMWD source has become severely limited in availability.
o NTMWD water demand exceeds the amount that can be delivered to customers.
o NTMWD water demand for all or part of the delivery system seriously exceeds
delivery capacity because the delivery capacity is inadequate.
o NTMWD’s supply source becomes contaminated.
o NTMWD’s water supply system is unable to deliver water due to the failure or
damage of major water system components.
Supplier’s water demand exceeds the amount that can be delivered to customers.
Supplier’s water demand for all or part of the delivery system seriously exceeds
delivery capacity because the delivery capacity is inadequate.
Supply source becomes contaminated.
Supplier’s water supply system is unable to deliver water due to the failure or
damage of major water system components.
Supplier’s individual plan may be implemented if other criteria dictate.
Stage 4 may terminate when NTMWD terminates its Stage 4 condition or when the
circumstances that caused the initiation of Stage 4 no longer prevail.
Goals for Use Reduction and Actions Available under Stage 4
The goal for water use reduction under Stage 4 is a reduction of whatever amount is
necessary in the amount of water obtained from NTMWD. If circumstances warrant or if
required by NTMWD, the Town Manager, Mayor, or official designee can set a goal for a
greater water use reduction.
The Town Manager, Mayor, or official designee must implement any action(s) required by
NTMWD. In addition, the Town, Mayor, or official designee may order the implementation
of any of the actions listed below, as deemed necessary. Measures described as “requires
notification to TCEQ” impose mandatory requirements on member cities and customers.
The supplier must notify TCEQ and NTMWD within five business days if these measures
are implemented.
Continue or initiate any actions available under Stages 1, 2, and 3.
Notify wholesale customers of actions being taken and request them to implement
similar procedures.
Implement viable alternative water supply strategies.
Requires Notification to TCEQ – Prohibit the irrigation of new landscaping
using treated water.
Requires Notification to TCEQ – Prohibit washing of vehicles except as
necessary for health, sanitation, or safety reasons.
Item 9
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-12
Requires Notification to TCEQ – Prohibit commercial and residential landscape
watering, except that foundations and trees may be watered for 2 hours on any
day with a hand-held hose, a soaker hose, or a dedicated zone using a drip
irrigation system.
Requires Notification to TCEQ – Prohibit golf course watering with treated
water except for greens and tee boxes.
Requires Notification to TCEQ – Prohibit the permitting of private pools. Pools
already permitted may be completed and filled with water. Existing private and
public pools may add water to maintain pool levels but may not be drained and
refilled.
Requires Notification to TCEQ – Require all commercial water users to reduce
water use by a percentage established by the Town Manager, Mayor, or official
designee.
Requires Notification to TCEQ – If NTMWD has imposed a reduction in water
available to the Town of Prosper, impose the same percent reduction on wholesale
customers.
Requires Notification to TCEQ - Initiate a rate surcharge for all water use over
normal rates for all water use.
11.7 Procedures for Granting Variances to the Plan
The Town Manager, Mayor, or official designee may grant temporary variances for existing
water uses otherwise prohibited under this drought contingency and water emergency
response plan if one or more of the following conditions are met:
Failure to grant such a variance would cause an emergency condition adversely
affecting health, sanitation, or fire safety for the public or the person or entity
requesting the variance.
Compliance with this plan cannot be accomplished due to technical or other
limitations.
Alternative methods that achieve the same level of reduction in water use can be
implemented.
Variances shall be granted or denied at the discretion of the Town Manager, Mayor, or
official designee. All petitions for variances should be in writing and should include the
following information:
Name and address of the petitioners
Purpose of water use
Specific provisions from which relief is requested
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Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-13
Detailed statement of the adverse effect of the provision from which relief is
requested
Description of the relief requested
Period of time for which the variance is sought
Alternative measures that will be taken to reduce water use
Other pertinent information.
11.8 Procedures for Enforcing Mandatory Water Use Restrictions
Mandatory water use restrictions may be imposed in Stage 2, Stage 3 and Stage 4 drought
contingency and water emergency response stages. The penalties associated with the
mandatory water use restrictions will be determined by each entity.
Appendix G contains potential ordinances, resolutions, and orders that may be adopted by
the city council, board, or governing body approving the drought contingency plan and
water response plan, including enforcement of same.
11.9 Coordination with the Regional Water Planning Groups
Appendix F includes a copy of a letter sent to the Chair of the Region C water planning
group with this model drought contingency and water emergency response plan.
The suppliers will send a draft of its ordinance(s) or other regulation(s) implementing this
plan to NTMWD for their review and comment. The supplier will also send the final
ordinance(s) or other regulation(s) to NTMWD.
11.10 Review and Update of Drought Contingency and Water Emergency Response
Plan
As required by TCEQ rules, the Town of Prosper must review the drought contingency and
water emergency response plan every five years. The plan will be updated as appropriate
based on new or updated information.
Item 9
APPENDIX A
LIST OF REFERENCES
Item 9
A-1
APPENDIX A
LIST OF REFERENCES
1. Texas Commission on Environmental Quality Annual Report.
http://www.tceq.texas.gov/permitting/water_rights/conserve.html#imple
2. Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter A, Rules 288.1 and
288.5, and Subchapter B, Rule 288.22, downloaded from
http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=4&ti=30&pt=1&ch=288,
June 2013.
3. Water Conservation Implementation Task Force: “Texas Water Development Board Report 362,
Water Conservation Best Management Practices Guide,” prepared for the Texas Water
Development Board, Austin, November 2004.
4. Water Conservation Advisory Council: Guidance and Methodology for Reporting on Water
Conservation and Water Use, December 2012
5. Freese and Nichols, INC.: Model Water Conservation Plan for NTMWD Members Cities and
Customers, prepared for the North Texas Municipal Water District, Fort Worth, November 2013.
6. Definitions from City of Austin Water Conservation and Drought Contingency Ordinance
adopted August 16, 2012.
http://www.austintexas.gov/sites/default/files/files/Water/Conservation/Planning_and_Policy/
ProposedCodeRevision_DRAFT_with_watering_schedule-8-15-2012.pdf
7. Definition from City of San Antonio Water Conservation Ordinance adopted 2005.
http://saws.org/conservation/ordinance/docs/Ch34_Ordinance_2009.pdf
8. Definition developed by Freese and Nichols Inc.
9. Texas Water Development Board, Texas Commission on Environmental Quality, Water
Conservation Advisory Council. “DRAFT Guidance and Methodology for Water Conservation
Reporting.”
10. Freese and Nichols Inc., Alan Plummer and Associates, CP & Y Inc. and Cooksey
Communications. “2011 Region C Regional Water Plan”
Item 9
APPENDIX B
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON
MUNICIPAL WATER CONSERVATION AND DROUGHT CONTINGENCY
PLANS
Item 9
B-1
APPENDIX B
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON
MUNICIPAL WATER CONSERVATION AND DROUGHT CONTINGENCY
PLANS
Texas Administrative Code
TITLE 30 ENVIRONMENTAL QUALITY
PART 1 TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY
CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT
CONTINGENCY PLANS, GUIDELINES AND
REQUIREMENTS
SUBCHAPTER A WATER CONSERVATION PLANS
RULE §288.1 Definitions
____________________________________________________________________________________
The following words and terms, when used in this chapter, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Agricultural or Agriculture--Any of the following activities:
(A) cultivating the soil to produce crops for human food, animal feed, or planting seed or for the
production of fibers;
(B) the practice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of
plants in containers or non-soil media by a nursery grower;
(C) raising, feeding, or keeping animals for breeding purposes or for the production of food or fiber,
leather, pelts, or other tangible products having a commercial value;
(D) raising or keeping equine animals;
(E) wildlife management; and
(F) planting cover crops, including cover crops cultivated for transplantation, or leaving land idle for
the purpose of participating in any governmental program or normal crop or livestock rotation
procedure.
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B-2
(2) Agricultural use--Any use or activity involving agriculture, including irrigation.
(3) Best management practices--Voluntary efficiency measures that save a quantifiable amount of
water, either directly or indirectly, and that can be implemented within a specific time frame.
(4) Conservation--Those practices, techniques, and technologies that reduce the consumption of water,
reduce the loss or waste of water, improve the efficiency in the use of water, or increase the recycling
and reuse of water so that a water supply is made available for future or alternative uses.
(5) Commercial use--The use of water by a place of business, such as a hotel, restaurant, or office
building. This does not include multi-family residences or agricultural, industrial, or institutional users.
(6) Drought contingency plan--A strategy or combination of strategies for temporary supply and
demand management responses to temporary and potentially recurring water supply shortages and
other water supply emergencies. A drought contingency plan may be a separate document identified as
such or may be contained within another water management document(s).
(7) Industrial use--The use of water in processes designed to convert materials of a lower order of value
into forms having greater usability and commercial value, and the development of power by means
other than hydroelectric, but does not include agricultural use.
(8) Institutional use--The use of water by an establishment dedicated to public service, such as a school,
university, church, hospital, nursing home, prison or government facility. All facilities dedicated to public
service are considered institutional regardless of ownership.
(9) Irrigation--The agricultural use of water for the irrigation of crops, trees, and pastureland, including,
but not limited to, golf courses and parks which do not receive water from a public water supplier.
(10) Irrigation water use efficiency--The percentage of that amount of irrigation water which is
beneficially used by agriculture crops or other vegetation relative to the amount of water diverted from
the source(s) of supply. Beneficial uses of water for irrigation purposes include, but are not limited to,
evapotranspiration needs for vegetative maintenance and growth, salinity management, and leaching
requirements associated with irrigation.
(11) Mining use--The use of water for mining processes including hydraulic use, drilling, washing sand
and gravel, and oil field re-pressuring.
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B-3
(12) Municipal use--The use of potable water provided by a public water supplier as well as the use of
sewage effluent for residential, commercial, industrial, agricultural, institutional, and wholesale uses.
(13) Nursery grower--A person engaged in the practice of floriculture, viticulture, silviculture, and
horticulture, including the cultivation of plants in containers or nonsoil media, who grows more than
50% of the products that the person either sells or leases, regardless of the variety sold, leased, or
grown. For the purpose of this definition, grow means the actual cultivation or propagation of the
product beyond the mere holding or maintaining of the item prior to sale or lease, and typically includes
activities associated with the production or multiplying of stock such as the development of new plants
from cuttings, grafts, plugs, or seedlings.
(14) Pollution--The alteration of the physical, thermal, chemical, or biological quality of, or the
contamination of, any water in the state that renders the water harmful, detrimental, or injurious to
humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the
usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
(15) Public water supplier--An individual or entity that supplies water to the public for human
consumption.
(16) Residential use--The use of water that is billed to single and multi-family residences, which applies
to indoor and outdoor uses.
(17) Residential gallons per capita per day--The total gallons sold for residential use by a public water
supplier divided by the residential population served and then divided by the number of days in the
year.
(18) Regional water planning group--A group established by the Texas Water Development Board to
prepare a regional water plan under Texas Water Code, §16.053.
(19) Retail public water supplier--An individual or entity that for compensation supplies water to the
public for human consumption. The term does not include an individual or entity that supplies water to
itself or its employees or tenants when that water is not resold to or used by others.
(20) Reuse--The authorized use for one or more beneficial purposes of use of water that remains
unconsumed after the water is used for the original purpose of use and before that water is either
Item 9
B-4
disposed of or discharged or otherwise allowed to flow into a watercourse, lake, or other body of state-
owned water.
(21) Total use--The volume of raw or potable water provided by a public water supplier to billed
customer sectors or nonrevenue uses and the volume lost during conveyance, treatment, or
transmission of that water.
(22) Total gallons per capita per day (GPCD)--The total amount of water diverted and/or pumped for
potable use divided by the total permanent population divided by the days of the year. Diversion
volumes of reuse as defined in this chapter shall be credited against total diversion volumes for the
purposes of calculating GPCD for targets and goals.
(23) Water conservation plan--A strategy or combination of strategies for reducing the volume of water
withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or
improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for
preventing the pollution of water. A water conservation plan may be a separate document identified as
such or may be contained within another water management document(s).
(24) Wholesale public water supplier--An individual or entity that for compensation supplies water to
another for resale to the public for human consumption. The term does not include an individual or
entity that supplies water to itself or its employees or tenants as an incident of that employee service or
tenancy when that water is not resold to or used by others, or an individual or entity that conveys water
to another individual or entity, but does not own the right to the water which is conveyed, whether or
not for a delivery fee.
(25) Wholesale use--Water sold from one entity or public water supplier to other retail water purveyors
for resale to individual customers.
Source Note: The provisions of this §288.1 adopted to be effective May 3, 1993, 18 TexReg
2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effective
April 27, 2000, 25 TexReg 3544; amended to be effective August 15, 2002, 27 TexReg 7146;
amended to be effective October 7, 2004, 29 TexReg 9384; amended to be effective January 10,
2008, 33 TexReg 193; amended to be effective December 6, 2012, 37 TexReg 9515
Item 9
B-5
Texas Administrative Code
TITLE 30 ENVIRONMENTAL QUALITY
PART 1 TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY
CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT
CONTINGENCY PLANS, GUIDELINES AND
REQUIREMENTS
SUBCHAPTER A WATER CONSERVATION PLANS
RULE §288.2 Water Conservation Plans for Municipal Uses by Public
Water Suppliers
_____________________________________________________________________________________
(a) A water conservation plan for municipal water use by public water suppliers must provide
information in response to the following. If the plan does not provide information for each requirement,
the public water supplier shall include in the plan an explanation of why the requirement is not
applicable.
(1) Minimum requirements. All water conservation plans for municipal uses by public water suppliers
must include the following elements:
(A) a utility profile in accordance with the Texas Water Use Methodology, including, but not limited to,
information regarding population and customer data, water use data (including total gallons per capita
per day (GPCD) and residential GPCD), water supply system data, and wastewater system data;
(B) a record management system which allows for the classification of water sales and uses into the
most detailed level of water use data currently available to it, including, if possible, the sectors listed in
clauses (i) - (vi) of this subparagraph. Any new billing system purchased by a public water supplier must
be capable of reporting detailed water use data as described in clauses (i) - (vi) of this subparagraph:
(i) residential;
(I) single family;
(II) multi-family;
(ii) commercial;
(iii) institutional;
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B-6
(iv) industrial;
(v) agricultural; and,
(vi) wholesale.
(C) specific, quantified five-year and ten-year targets for water savings to include goals for water loss
programs and goals for municipal use in total GPCD and residential GPCD. The goals established by a
public water supplier under this subparagraph are not enforceable;
(D) metering device(s), within an accuracy of plus or minus 5.0% in order to measure and account for
the amount of water diverted from the source of supply;
(E) a program for universal metering of both customer and public uses of water, for meter testing and
repair, and for periodic meter replacement;
(F) measures to determine and control water loss (for example, periodic visual inspections along
distribution lines; annual or monthly audit of the water system to determine illegal connections;
abandoned services; etc.);
(G) a program of continuing public education and information regarding water conservation;
(H) a water rate structure which is not "promotional," i.e., a rate structure which is cost-based and
which does not encourage the excessive use of water;
(I) a reservoir systems operations plan, if applicable, providing for the coordinated operation of
reservoirs owned by the applicant within a common watershed or river basin in order to optimize
available water supplies; and
(J) a means of implementation and enforcement which shall be evidenced by:
(i) a copy of the ordinance, resolution, or tariff indicating official adoption of the water conservation
plan by the water supplier; and
(ii) a description of the authority by which the water supplier will implement and enforce the
conservation plan; and
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(K) documentation of coordination with the regional water planning groups for the service area of the
public water supplier in order to ensure consistency with the appropriate approved regional water
plans.
(2) Additional content requirements. Water conservation plans for municipal uses by public drinking
water suppliers serving a current population of 5,000 or more and/or a projected population of 5,000 or
more within the next ten years subsequent to the effective date of the plan must include the following
elements:
(A) a program of leak detection, repair, and water loss accounting for the water transmission, delivery,
and distribution system;
(B) a requirement in every wholesale water supply contract entered into or renewed after official
adoption of the plan (by either ordinance, resolution, or tariff), and including any contract extension,
that each successive wholesale customer develop and implement a water conservation plan or water
conservation measures using the applicable elements in this chapter. If the customer intends to resell
the water, the contract between the initial supplier and customer must provide that the contract for the
resale of the water must have water conservation requirements so that each successive customer in the
resale of the water will be required to implement water conservation measures in accordance with the
provisions of this chapter.
(3) Additional conservation strategies. Any combination of the following strategies shall be selected by
the water supplier, in addition to the minimum requirements in paragraphs (1) and (2) of this
subsection, if they are necessary to achieve the stated water conservation goals of the plan. The
commission may require that any of the following strategies be implemented by the water supplier if
the commission determines that the strategy is necessary to achieve the goals of the water conservation
plan:
(A) conservation-oriented water rates and water rate structures such as uniform or increasing block
rate schedules, and/or seasonal rates, but not flat rate or decreasing block rates;
(B) adoption of ordinances, plumbing codes, and/or rules requiring water-conserving plumbing
fixtures to be installed in new structures and existing structures undergoing substantial modification or
addition;
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B-8
(C) a program for the replacement or retrofit of water-conserving plumbing fixtures in existing
structures;
(D) reuse and/or recycling of wastewater and/or graywater;
(E) a program for pressure control and/or reduction in the distribution system and/or for customer
connections;
(F) a program and/or ordinance(s) for landscape water management;
(G) a method for monitoring the effectiveness and efficiency of the water conservation plan; and
(H) any other water conservation practice, method, or technique which the water supplier shows to
be appropriate for achieving the stated goal or goals of the water conservation plan.
(b) A water conservation plan prepared in accordance with 31 TAC §363.15 (relating to Required Water
Conservation Plan) of the Texas Water Development Board and substantially meeting the requirements
of this section and other applicable commission rules may be submitted to meet application
requirements in accordance with a memorandum of understanding between the commission and the
Texas Water Development Board.
(c) A public water supplier for municipal use shall review and update its water conservation plan, as
appropriate, based on an assessment of previous five-year and ten-year targets and any other new or
updated information. The public water supplier for municipal use shall review and update the next
revision of its water conservation plan every five years to coincide with the regional water planning
group.
Source Note: The provisions of this §288.2 adopted to be effective May 3, 1993, 18 TexReg
2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effective
April 27, 2000, 25 TexReg 3544; amended to be effective October 7, 2004, 29 TexReg 9384;
amended to be effective December 6, 2012, 37 TexReg 9515
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APPENDIX C
TCEQ WATER UTILITY PROFILE
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TCEQ – 10218 (Rev. 06/14/2013) Page 1 of 9
Texas Commission on Environmental Quality
UTILITY PROFILE AND WATER CONSERVATION PLAN
REQUIREMENTS FOR MUNICIPAL WATER USE
BY RETAIL PUBLIC WATER SUPPLIERS
This form is provided to assist retail public water suppliers in water conservation plan development. If you need
assistance in completing this form or in developing your plan, please contact the conservation staff of the
Resource Protection Team in the Water Availability Division at (512) 239-4691.
Name: Town of Prosper
Address: 121 W. Broadway St., Prosper, TX 75078
Telephone Number: (972) 347-9969 Fax: (972) 347-3579
Water Right No.(s):
Regional Water Planning
Group: Group C
Form Completed by: Frank Jaromin
Title: Director of Public Works
Person responsible for
implementing conservation
program: Frank Jaromin Phone: (972) 347-9969
Signature: Date: / /
NOTE: If the plan does not provide information for each requirement, include an
explanation of why the requirement is not applicable.
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UTILITY PROFILE
I. POPULATION AND CUSTOMER DATA
A. Population and Service Area Data
1. Attach a copy of your service-area map and, if applicable, a copy of your Certificate of
Convenience and Necessity (CCN).
2. Service area size (in square miles): 27 sq. miles
(Please attach a copy of service-area map)
3. Current population of service area: 13,380
4. Current population served for:
a. Water 13,380
b. Wastewater 13,380
5. Population served for previous five
years:
6. Projected population for service area in
the following decades:
Year Population Year Population
2013 13,380 2020 19,481
2012 12,190 2030 34,287
2011 11,160 2040 60,345
2010 9350 2050 70,000
2009 7100 2060 70,000
7. List source or method for the calculation of current and projected population size.
NTCOG and Census was used to determine 2009-2013. The Prosper Comprehensive
Plan was used in determining our projected population.
B. Customers Data
Senate Bill 181 requires that uniform consistent methodologies for calculating water use and
conservation be developed and available to retail water providers and certain other water use
sectors as a guide for preparation of water use reports, water conservation plans, and reports on
water conservation efforts. A water system must provide the most detailed level of customer and
water use data available to it, however, any new billing system purchased must be capable of
reporting data for each of the sectors listed below. http://www.tceq.texas.gov/assets/public/
permitting/watersupply/water_rights/sb181_guidance.pdf
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1. Current number of active connections. Check whether multi-family service is counted as
Residential or Commercial?
Treated Water Users
Metered Non-Metered Totals
Residential 4205 4205
Single-Family
Multi-Family
Commercial 270 270
Industrial/Mining
Institutional
Agriculture
Other/Wholesale
2. List the number of new connections per year for most recent three years.
Year 2013 2012 2011
Treated Water Users
Residential 425 388 316
Single-Family
Multi-Family
Commercial 18 16 18
Industrial/Mining
Institutional
Agriculture
Other/Wholesale
3. List of annual water use for the five highest volume customers.
Customer
Use (1,000
gal/year)
Treated or Raw
Water
1. Prosper ISD 25,608 Treated
2. Estates of Prosper 20,366 Treated
3. Mansions Custom Homes 19,562 Treated
4. Highland Homes 7,416 Treated
5. FCS Construction 6,166 Treated
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II. WATER USE DATA FOR SERVICE AREA
A. Water Accounting Data
1. List the amount of water use for the previous five years (in 1,000 gallons).
Indicate whether this is diverted or treated water.
Year 2013 2012 2011
2010 2009
Month
January 39,794 32,381 41,017 26,242 35,891
February 39,187 33,873 27,521 26,681 33,366
March 56,784 31,275 53,444 30,349 36,707
April 65,259 61,048 57,271 52,155 50,972
May 88,979 81,552 52,261 63,102 40,784
June 84,450 91,919 93,717 89,300 68,760
July 104,053 113,259 120,215 77,484 77,563
August 122,460 115,731 135,586 112,617 106,403
September 124,366 117,476 97,697 62,684 29,444
October 72,640 82,694 82,559 67,669 34,447
November 56,947 77,872 51,406 41,790 33,310
December 45,771 50,926 37,088 42,599 24,539
Totals 900,690 890,006 849,782 692,672 572,186
Describe how the above figures were determine (e.g, from a master meter located at the
point of a diversion from the source, or located at a point where raw water enters the
treatment plant, or from water sales).
The above figures were determined
2. Amount of water (in 1,000 gallons) delivered/sold as recorded by the following account
types for the past five years.
Year 2013 2012 2011 2010 2009
Account Types
Residential 667,092 669,850 642,648 515,315 414,224
Single-Family
Multi-Family
Commercial 171,986 140,265 122,673 84,272 96,491
Industrial/Mining
Institutional
Agriculture
Other/Wholesale
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3. List the previous records for water loss for the past five years (the difference between water
diverted or treated and water delivered or sold).
Year Amount (gallons) Percent %
2013 4,651 .52%
2012 41,437 4.66%
2011 46,783 5.51%
2010 76,745 9.38%
2009 64,700 10.73%
B. Projected Water Demands
If applicable, attach or cite projected water supply demands from the applicable Regional Water
Planning Group for the next ten years using information such as population trends, historical
water use, and economic growth in the service area over the next ten years and any additional
water supply requirements from such growth.
III. WATER SUPPLY SYSTEM DATA
A. Water Supply Sources
List all current water supply sources and the amounts authorized (in acre feet) with each.
Water Type Source Amount Authorized
Surface Water
Groundwater
Contracts NTMWD 5,600 acre ft.
Other
B. Treatment and Distribution System
1. Design daily capacity of system (MGD): 7 MGD
2. Storage capacity (MGD):
a. Elevated 2 MGD
b. Ground 8 MGD
3. If surface water, do you recycle filter backwash to the head of the plant?
Yes No If yes, approximate amount (MGD):
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IV. WASTEWATER SYSTEM DATA
A. Wastewater System Data (if applicable)
1. Design capacity of wastewater treatment plant(s) (MGD):
2. Treated effluent is used for on-site irrigation, off-site irrigation, for plant wash-
down, and/or for chlorination/dechlorination.
If yes, approximate amount (in gallons per month):
3. Briefly describe the wastewater system(s) of the area serviced by the water utility.
Describe how treated wastewater is disposed. Where applicable, identify treatment
plant(s) with the TCEQ name and number, the operator, owner, and the receiving stream
if wastewater is discharged.
B. Wastewater Data for Service Area (if applicable)
1. Percent of water service area served by wastewater system: %
2. Monthly volume treated for previous five years (in 1,000 gallons):
Year
Month
January
February
March
April
May
June
July
August
September
October
November
December
Totals
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V. ADDITIONAL REQUIRED INFORMATION
In addition to the utility profile, please attach the following as required by Title 30, Texas
Administrative Code, §288.2. Note: If the water conservation plan does not provide information for
each requirement, an explanation must be included as to why the requirement is not applicable.
A. Specific, Quantified 5 & 10-Year Targets
The water conservation plan must include specific, quantified five-year and ten-year targets for
water savings to include goals for water loss programs and goals for municipal use in gallons per
capita per day. Note that the goals established by a public water supplier under this
subparagraph are not enforceable
B. Metering Devices
The water conservation plan must include a statement about the water suppliers metering
device(s), within an accuracy of plus or minus 5.0% in order to measure and account for the
amount of water diverted from the source of supply.
C. Universal Metering
The water conservation plan must include and a program for universal metering of both
customer and public uses of water, for meter testing and repair, and for periodic meter
replacement.
D. Unaccounted- For Water Use
The water conservation plan must include measures to determine and control unaccounted-for
uses of water (for example, periodic visual inspections along distribution lines; annual or
monthly audit of the water system to determine illegal connections; abandoned services; etc.).
E. Continuing Public Education & Information
The water conservation plan must include a description of the program of continuing public
education and information regarding water conservation by the water supplier.
F. Non-Promotional Water Rate Structure
The water supplier must have a water rate structure which is not “promotional,” i.e., a rate
structure which is cost-based and which does not encourage the excessive use of water. This rate
structure must be listed in the water conservation plan.
G. Reservoir Systems Operations Plan
The water conservation plan must include a reservoir systems operations plan, if applicable,
providing for the coordinated operation of reservoirs owned by the applicant within a common
watershed or river basin. The reservoir systems operations plan shall include optimization of
water supplies as one of the significant goals of the plan.
H. Enforcement Procedure and Plan Adoption
The water conservation plan must include a means for implementation and enforcement, which
shall be evidenced by a copy of the ordinance, rule, resolution, or tariff, indicating official
adoption of the water conservation plan by the water supplier; and a description of the authority
by which the water supplier will implement and enforce the conservation plan.
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I. Coordination with the Regional Water Planning Group(s)
The water conservation plan must include documentation of coordination with the regional
water planning groups for the service area of the wholesale water supplier in order to ensure
consistency with the appropriate approved regional water plans.
J. Plan Review and Update
A public water supplier for municipal use shall review and update its water conservation plan, as
appropriate, based on an assessment of previous five-year and ten-year targets and any other
new or updated information. The public water supplier for municipal use shall review and
update the next revision of its water conservation plan not later than May 1, 2009, and every five
years after that date to coincide with the regional water planning group. The revised plan must
also include an implementation report.
VI. ADDITIONAL REQUIREMENTS FOR LARGE SUPPLIERS
Required of suppliers serving population of 5,000 or more or a projected population of 5,000 or more
within ten years
A. Leak Detection and Repair
The plan must include a description of the program of leak detection, repair, and water loss
accounting for the water transmission, delivery, and distribution system in order to control
unaccounted for uses of water.
B. Contract Requirements
A requirement in every wholesale water supply contract entered into or renewed after official
adoption of the plan (by either ordinance, resolution, or tariff), and including any contract
extension, that each successive wholesale customer develop and implement a water
conservation plan or water conservation measures using the applicable elements in this chapter.
If the customer intends to resell the water, the contract between the initial supplier and
customer must provide that the contract for the resale of the water must have water
conservation requirements so that each successive customer in the resale of the water will be
required to implement water conservation measures in accordance with the provisions of this
chapter.
VII. ADDITIONAL CONSERVATION STRATEGIES
A. Conservation Strategies
Any combination of the following strategies shall be selected by the water supplier, in addition
to the minimum requirements of this chapter, if they are necessary in order to achieve the stated
water conservation goals of the plan. The commission may require by commission order that
any of the following strategies be implemented by the water supplier if the commission
determines that the strategies are necessary in order for the conservation plan to be achieved:
1. Conservation-oriented water rates and water rate structures such as uniform or
increasing block rate schedules, and/or seasonal rates, but not flat rate or decreasing
block rates;
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TCEQ – 10218 (Rev. 06/14/2013) Page 9 of 9
2. Adoption of ordinances, plumbing codes, and/or rules requiring water conserving
plumbing fixtures to be installed in new structures and existing structures undergoing
substantial modification or addition;
3. A program for the replacement or retrofit of water-conserving plumbing fixtures in
existing structures;
4. A program for reuse and/or recycling of wastewater and/or graywater;
5. A program for pressure control and/or reduction in the distribution system and/or for
customer connections;
6. A program and/or ordinance(s) for landscape water management;
7. A method for monitoring the effectiveness and efficiency of the water conservation plan;
and
8. Any other water conservation practice, method, or technique which the water supplier
shows to be appropriate for achieving the stated goal or goals of the water conservation
plan.
Best Management Practices
The Texas Water Developmental Board’s (TWDB) Report 362 is the Water Conservation Best
Management Practices (BMP) guide. The BMP Guide is a voluntary list of management practices that
water users may implement in addition to the required components of Title 30, Texas Administrative
Code, Chapter 288. The Best Management Practices Guide broken out by sector, including
Agriculture, Commercial, and Institutional, Industrial, Municipal and Wholesale along with any new
or revised BMP’s can be found at the following link on the Texas Water Developments Board’s
website: http://www.twdb.state.tx.us/conservation/bmps/index.asp
Individuals are entitled to request and review their personal information that the agency gathers on its
forms. They may also have any errors in their information corrected. To review such information,
contact 512-239-3282.
Item 9
APPENDIX D
NTMWD MEMBER CITY AND CUSTOMER ANNUAL WATER
CONSERVATION REPORT
Item 9
Entity Reporting:Filled Out By:Date Completed:Year Covered:# of ConnectionsRecorded Deliveries and Sales by Month (in Million Gallons):Residential CommercialPublic/ InstitutionalIndustrial Wholesale Other TotalJanuary39.79430.386 3.15333.539February39.18729.715 3.80033.515March56.78430.995 5.82536.820April65.25940.377 5.54345.920May88.97959.086 21.10780.193June84.4560.187 17.99778.184July104.05386.393 20.174106.567August122.4685.064 27.269112.333September124.366100.541 31.866132.407October72.6465.383 15.82981.212November56.94742.559 11.82954.388December45.77136.406 7.59444.000TOTAL900 6900 000667 092171 9860 000000000000 000839 078APPENDIX DOther SuppliesMonthNTMWD MEMBER CITY AND CUSTOMER WATER CONSERVATION REPORTDeliveries from NTMWDSales by CategoryTown of ProsperDue: March 31 of every yearGlenn Soike1/27/201420134,372TOTAL900.6900.000667.092171.9860.0000.0000.0000.000839.078Peak Day UsagePeak Day (MG) 4.434 Total peak day use (Peak day delivery from NTMWD + other supplies)Average Day (MG) 2.468 Average day use (Annual deliveries from NTMWD + other supplies / 365 days)Peak/Average Day Rati 1.797 Total peak day use/average day useUnaccounted Water (Million Gallons):NTMWD Deliveries900.690 from Table aboveOther Supplies0.000 from Table aboveTotal Supplies900.690 from Table aboveTotal Sales839.078 from Table aboveEstimated Fire Use1.511 estimated from best available dataEstimated Line Flushing Use55.450estimated from best available dataUnaccounted Water4.651% Unaccounted0.52%Goal for % Unaccounted10.00%Per Capita Use (Gallons per person per day)D-1Item 9
Total Use (MG)900.690Municipal Use (MG)900.690Residential Use (MG)728.704Estimated Population13,380NCTCOGTotal Per Capita Use (gpcd) 184.43Municipal Per Capita Use (gpcd) 184.43Residential Per Capita Use (gpcd) 149.21190180Recorded Wholesale Sales by Month (in Million Gallons):MonthSales to ______Sales to ______Sales to ______Sales to ______Sales to ______Sales to ______Sales to ______Sales to ______JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember5-year Per Capita Goal (___)10-year Per Capita Goal (___)from Table above (NTMWD deliveries+ other supplies - wholesale)from Table above (NTMWD deliveries+ other supplies - industrial sales - wholesale - other sales)from Table above (NTMWD deliveries+ other supplies - commercial sales - public/institutional sales - industrial sales - wh0.0000.000Total Wholesale Sales0.0000.0000.0000.0000.0000.0000.0000.0000.0000.000TOTAL0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000Information on Wholesale Customers:CustomerEstimated Population0.000D-2Item 9
Unusual Circumstances (use additional sheets if necessary):Progress in Implementation of Conservation Plan (use additional sheets if necessary):The Town filled a new 5 MG storage tank in November 2013. Town staff is working with North Texas Municipal Water District to provide updates for our Water Conservation Plan. The new plan is under review and will be available for implementation in late Spring 2014D-3Item 9
Conservation measures planned for next year (use additional sheets if necessary):Assistance requested from North Texas Municipal Water District (use additional sheets if necessary):The Town of Prosper will be hosting numerous Water Conservation courses free to our residents. We will also be having an Adult Education Program in the Spring which is a five week program led by Dr. Greg Church with Texas A&M Agri-Life and Collin County Master Gardeners. Staff will also present at multiple schools in Prosper to spread the word to the children. Other (use additional sheets if necessary):D-4Item 9
APPENDIX E
CONSIDERATIONS FOR LANDSCAPE WATER MANAGEMENT
REGULATIONS
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APPENDIX E
CONSIDERATIONS FOR LANDSCAPE WATER MANAGEMENT
REGULATIONS
A. Purpose
The purpose of these proposed landscape water management regulations is to provide a
consistent mechanism for preventing the waste of water resources. To enact these
provisions, entities must verify legal authority to adopt such provisions, and must
promulgate valid rules, orders, or ordinances.
B. Required Measures
The following landscape water conservation measures are required to be included in the
landscape management regulations adopted and enforced in this plan.
1. Lawn and Landscape Irrigation Restrictions
a. A person commits an offense if the person irrigates, waters, or knowingly or
recklessly causes or allows the irrigation or watering of any lawn or landscape
located on any property owned, leased, or managed by the person between the
hours of 10:00 a.m. and 6:00 p.m. from April 1 through October 31 of any year.
b. A person commits an offense if the person knowingly or recklessly irrigates, waters,
or causes or allows the irrigation or watering of lawn or landscape located on any
property owned, leased, or managed by that person in such a manner that causes:
1) over-watering lawn or landscape, such that a constant stream of water
overflows from the lawn or landscape onto a street or other drainage area; or
2) irrigating lawn or landscape during any form of precipitation or freezing
conditions. This restriction applies to all forms of irrigation, including automatic
sprinkler systems; or
3) the irrigation of impervious surfaces or other non-irrigated areas, wind driven
water drift taken into consideration.
c. A person commits an offense if the person knowingly or recklessly allows the
irrigation or watering of any lawn or landscape located on any property owned,
leased, or managed by the person more than two days per week.
2. Rain and Freeze Sensors and/or ET or Smart Controllers
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E-2
Any new irrigation system installed on or after November 4, 2004, must be equipped
with rain and freeze sensing devices and/or ET or Smart controllers in compliance with
state design and installation regulations.
a. A person commits an offense on property owned, leased or managed if the person:
1) knowingly or recklessly installs or allows the installation of new irrigation
systems in violation of Subsection B.2.a; or
2) knowingly or recklessly operates or allows the operation of an irrigation system
that does not comply with Subsection B.2.a.
3. Filling or Refilling of Ponds
A person commits an offense if the person knowingly or recklessly fills or refills any
natural or manmade pond located on any property owned, leased, or managed by the
person by introducing any treated water to fill or refill the pond. This does not restrict
the filling or maintenance of pond levels by the effect of natural water runoff or the
introduction of well water into the pond. A pond is considered to be a still body of
water with a surface area of 500 square feet or more.
4. Washing of Vehicles
A person commits an offense if the person knowingly or recklessly washes a vehicle
without using a water hose with a shut-off nozzle on any property owned, leased, or
managed by the person.
5. Enforcement
Each entity will develop its own set of penalties for violations of the ordinance, order, or
resolution. The ordinance, order, or resolution will designate the responsible official(s)
to implement and enforce the landscape water conservation measures.
C. Recommended Measures
1. Lawn and Landscape Irrigation Restrictions
a. A person commits an offense if the person knowingly or recklessly operates a lawn
or irrigation system or device on property that the person owns, leases, or manages
that:
1) has broken or missing sprinkler head(s); or
2) has not been properly maintained to prevent the waste of water.
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E-3
b. A person commits an offense if the person knowingly or recklessly overseeds a lawn
with rye or winter grass on property that the person owns, leases, or manages. Golf
courses and public athletic fields are exempt from this restriction.
c. All new athletic fields must have separate irrigation systems that are capable of
irrigating the playing fields separately from other open spaces.
2. Rain and Freeze Sensors
a. New irrigation systems are required to have rain and freeze sensors.
D. Variances
1. In special cases, variances may be granted to persons demonstrating extreme hardship
or need. Variances may be granted under the following circumstances:
a. the applicant must sign a compliance agreement agreeing to irrigate or water the
lawn and/or landscape only in the amount and manner permitted by the variance;
and
b. the variance must not cause an immediate significant reduction to the water supply;
and
c. the extreme hardship or need requiring the variance must relate to the health,
safety, or welfare of the person making the request; and
d. the health, safety, and welfare of the public and the person making the request
must not be adversely affected by the requested variance.
2. A variance will be revoked upon a finding that:
a. the applicant can no longer demonstrate extreme hardship or need; or
b. the terms of the compliance agreement are violated; or
c. the health, safety, or welfare of the public or other persons requires revocation.
Item 9
APPENDIX F
LETTERS TO REGION C AND REGION D WATER PLANNING GROUPS
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F-1
APPENDIX F
LETTERS TO REGION C AND REGION D WATER PLANNING GROUPS
Date
Region C Water Planning Group
North Texas Municipal Water District
P.O. Box 2408
Wylie, TX 75098
Dear Sir:
Enclosed please find a copy of the recently updated Model Water Conservation Plan for
the Member Cities and Customers of the North Texas Municipal Water District. I am
submitting a copy of this model plan to the Region C Water Planning Group in
accordance with the Texas Water Development Board and Texas Commission on
Environmental Quality rules. The Board of the North Texas Municipal Water District
adopted the updated model plan on ________ ___, 2013.
Sincerely,
Jim Parks
North Texas Municipal Water District
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F-2
Date
Mr. Bret McCoy
Chair, Region D Water Planning Group
700 CR3347 Omaha, TX 75571
Dear Mr. McCoy:
Enclosed please find a copy of the recently updated Model Water Conservation Plan for
the Member Cities and Customers of the North Texas Municipal Water District. I am
submitting a copy of this model plan to the Region D Water Planning Group in
accordance with the Texas Water Development Board and Texas Commission on
Environmental Quality rules. The Board of the North Texas Municipal Water District
adopted the updated model plan on ________ ___, 2013.
Sincerely,
Jim Parks
Executive Director
North Texas Municipal Water District
Item 9
APPENDIX G
ADOPTION OF WATER CONSERVATION AND DROUGHT CONTINGENCY
AND WATER EMERGENCY RESPONSE PLAN
Item 9
TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-__
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ARTICLE 13.05, “WATER CONSERVATION AND DROUGHT CONTINGENCY
AND WATER EMERGENCY RESPONSE PLAN,” OF CHAPTER 13,
“UTILITIES,’ OF THE TOWN’S CODE OF ORDINANCES, AND AMENDING
APPENDIX A TO THE TOWN’S CODE OF ORDINANCES BY ADDING
THERETO A NEW SECTION XVII, “WATER CONSERVATION AND
ENFORCEMENT FEES”; ADOPTING A WATER CONSERVATION AND
DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN;
ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF
DROUGHT RESPONSE STATES; ESTABLISHING RESTRICTIONS ON
CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION
OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS;
ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas (the “Town”), recognizes that the amount of
water available to its water customers is limited; and
WHEREAS, the Town recognizes that due to natural limitations, drought conditions,
system failures and other acts of God which may occur, the Town cannot guarantee an
uninterrupted water supply for all purposes at all times; and
WHEREAS, the Texas Water Code and the regulations of the Texas Commission on
Environmental Quality (the “Commission”) require that the Town adopt a Drought Contingency
Plan; and
WHEREAS, the Town has determined an urgent need in the best interests of the public
to adopt a Drought Contingency Plan; and
WHEREAS, pursuant to Chapters 51 and 54 of the Texas Local Government Code, the
Town is authorized to adopt any such ordinances necessary to preserve and conserve its water
resources; and
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), desires
to adopt an updated Water Conservation and Drought Contingency and Water Emergency
Response Plan for the Town of Prosper as official Town policy for water conservation; and
WHEREAS, the Town Council has investigated and determined that it will be
advantageous and beneficial to the citizens of Prosper and will protect the public health, safety
and welfare to adopt a drought contingency plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
Item 9
Ordinance No. 14-__, page 2
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
From and after the effective date of this Ordinance, Section 13.05, “Water Conservation
and Drought Contingency and Water Emergency Response Plan” of Chapter 13, “Utilities,” of
the Town’s Code of Ordinances is hereby amended to read as follows:
“Sec. 13.05.001 Plan Adopted
The Town Council hereby approves and adopts for the town, its citizens and water customers
the new Water Conservation and Drought Contingency and Water Emergency Response Plan
(the “Plan”), attached to this Ordinance 14-__ as Exhibit A and incorporated herein for all
purposes. A copy of this Ordinance and the Plan are available in the Town Secretary’s Office.
Sec. 13.05.002 Penalty
Any customer, defined pursuant to 30 Texas Administrative Code Chapter 291, failing to comply
with the provisions of the Plan shall be subject to a fine of up to two thousand dollars
($2,000.00) per day per occurrence and/or discontinuance of water service by the Town. Proof
of a culpable mental state is not required for a conviction of an offense under this section. Each
day a customer fails to comply with the Plan is a separate violation. The Town’s authority to
seek injunctive or other civil relief available under the law is not limited by this section.
Sec. 13.05.003 Ad ministrative Remedies
The Town may elect to exercise the following administrative remedies for violations of the Plan
in lieu of pursuing criminal penalties against single family water account holders, business and
professional parks, homeowners’ associations, apartments, home builders, land developers,
and any other entities.
(a) Administrative Fees. Administrative fees shall be added to the customer’s
regular monthly Town utility bill, as established in Appendix A to this code.
(b) Contesting Violations. A water customer as defined above may request a
hearing before a hearing officer(s) appointed by the Executive Director of Development and
Community Services within fifteen (15) business days after the date on the Notice. The hearing
officer(s) shall evaluate all information offered by the petitioner at the hearing. The customer
shall bear the burden of proof to show why, by preponderance of the evidence, the
administrative fee should not be assessed. The hearing officer(s) shall render a decision in
writing within three (3) business days of the conclusion of the hearing. A customer may appeal
the decision from the hearing officer(s) in writing to the Executive Director of Development and
Community Services within three (3) business days of the conclusion of the hearing. The
decision by the Executive Director of Development and Community Services is final and
binding.
Item 9
Ordinance No. 14-__, page 3
(c) Paying Assessed Fees. If, after the expiration of the fifteen (15) business days from
the date on the Notice, the customer has not requested an administrative hearing to contest the
assessment of an administrative fee or paid the administrative fee, the Town shall apply and
charge the assessed administrative fee to the customer’s next Town Utility Bill.”
SECTION 3
The Town Council hereby approves and adopts the Water Conservation and Drought
Contingency and Water Emergency Response Plan (the “Plan”) as modified for the Town of
Prosper, attached hereto as Exhibit A, as if recited verbatim herein. The Town commits to
implement the requirements and procedures set forth in the adopted Plan.
SECTION 4
From and after the effective date of this Ordinance, Appendix A to the Town’s Code of
Ordinances is amended by adding thereto a new Section XVII, “Water Conservation and
Enforcement Fees,” to read as follows:
“Sec. XVII Water Conservation and Enforcement Fees
Administrative Fees. Administrative fees for violations to the Town’s Water Conservation and
Drought Contingency and Emergency Water Response Plan shall be added to water account
holders regular monthly Town utility bill as follows:
First Offense Warning /Online 40 Gallon Challenge
Second Offense $100
Third Offense and Subsequent offenses $300
Unpaid assessed administrative fees related to violations of water use restrictions under the
Town Plan shall incur late payment penalties and may result in termination of water service.”
SECTION 5
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
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. 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.
Item 9
Ordinance No. 14-__, page 4
SECTION 7
Filing of Ordinance and Plan with Commission. The Town Manger or his designee is
hereby directed to file a copy of the Plan and this Ordinance with the Commission in accordance
with Title 30, Chapter 288 of the Texas Administrative Code, as amended.
SECTION 8
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two
Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be
considered a separate offense; provided, however, that such penal provision shall not preclude
a suit to enjoin such violation. The Town of Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 9
This Ordinance shall take effect and be in full force from and after its passage and
publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule
Charter of the Town of Prosper, Texas
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 27TH DAY OF MAY, 2014.
APPROVED:
________________________________
Ray Smith, Mayor
ATTEST:
___________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
__________________________________
Terrence S. Welch, Town Attorney
Item 9
APPENDIX H
ILLEGAL WATER CONNECTIONS AND THEFT OF WATER
Item 9
Item 9
Item 9
APPENDIX J
WATER CONSERVATION IMPLEMENTATION REPORT
Item 9
TCEQ-20646 rev. (09-18-2013) Page 1 of 11
Texas Commission on Environmental Quality
Water Conservation Implementation Report
Public Water Supplier
This five year report must be completed by entities that are required to submit a water conservation plan to the
TCEQ in accordance with Title 30 Texas Administrative Code, Chapter 288. Please complete this report and submit
it to the TCEQ. If you need assistance in completing this form, please contact the Resource Protection Team in the
Water Availability Division at (512) 239-4691.
CONTACT INFORMATION
Name of Entity:
Public Water Supply Identification Number (PWS ID):#0430009
CCN numbers: 20888
Water Right Permit numbers:
Wastewater ID numbers: 10915-001
Check all that apply:
☐ Retail Public Water Supplier
☐ Wholesale Public Water Supplier
Address: 121 West Broadway St. City: Prosper Zip Code: 75078
Email: publicworks@prospertx.gov Telephone Number: 972-347-9969
Regional Water Planning Group: C
Groundwater Conservation District: District 8
Form Completed By: Frank Jaromin Title: Director of Public Works
Signature: Date: Click here to enter a date.
Contact information for the person or department responsible for implementing the
water conservation plan:
Name: Public Works Phone: 972-347-9969 Email: publicworks@prospertx.gov
Report Completed on Date: Click here to enter a date.
Reporting Period (check only one):
☐ Fiscal Period Begin: Period End:
☐ Calendar Period Begin: January 2009 Period End: December 2013
Item 9
TCEQ-20646 rev. (09-18-2013) Page 2 of 11
Please check all of the following that apply to your entity:
☐ A surface water right holder of 1,000 acre-feet/year or more for non-irrigation uses
☐ A surface water right holder of 10,000 acre-feet/year or more for irrigation uses
*Important*
If your entity meets the following description, please skip page 3 and
go directly to page 4.
Your entity is a Wholesale Public Water Supplier that ONLY provides wholesale
water services for public consumption. For example, you only provide wholesale
water to other municipalities or water districts.
Item 9
TCEQ-20646 rev. (09-18-2013) Page 3 of 11
Fields that are gray are entered by the user.
Select fields that are white and press F9 to
updated fields.
Water Use Accounting
Retail Water Sold: All retail water sold for public use and human consumption.
Helpful Hints: There are two options available for you to provide the
requested information. Both options ask the same information; however,
the level of detail and break down of information differs between the
two options. Please select just one option that works best for your entity
and fill in the fields as completely as possible.
For the five-year reporting period, enter the gallons of RETAIL water sold in each major
water use category. Use only one of the following options.
Option 1
Water Use Category* Gallons Sold
Single Family Residential
Multi-Family Residential
TOTAL Residential Use1 0
Industrial
Commercial
Institutional
TOTAL Retail Water Sold2 0
1. [SF Res +MF Res = Residential Use]
2. [Res +Ind +Com +Ins = Retail Water Sold]
Option 2
Water Use Category * Gallons Sold
Residential
Select all of the sectors that your account for as “Residential”.
☐Single Family ☐ Multi-Family 2909.129 MG
Commercial
Please select all of the sectors that your account for as
“Commercial”.
☐ Commercial ☐ Multi-Family ☐ Industrial ☐ Institutional
615.687 MG
Industrial
Please select all of the sectors that your account for as
“Industrial”.
☐Industrial ☐ Commercial ☐ Institutional
Other
Please select all of the sectors that your account for as “Other”.
☐Commercial ☐Multi-Family ☐ Industrial ☐ Institutional
TOTAL Retail Water Sold1 3524.816 MG
1. [Res +Com +Ind + Other = Retail Water Sold]
Item 9
TCEQ-20646 rev. (09-18-2013) Page 4 of 11
Wholesale Water Exported: Wholesale water sold or transferred out of the distribution
system.
For the five-year reporting period, enter the gallons of WHOLESALE water exported to each
major water use category.
1. [Mun +Agr +Ind +Com +Ins = Wholesale Water Exported]
Water Use Category* Gallons of Exported
Wholesale Water
Municipal Customers
Agricultural Customers
Industrial Customers
Commercial Customers
Institutional Customers
TOTAL Wholesale Water Exported 1 0.00
Item 9
TCEQ-20646 rev. (09-18-2013) Page 5 of 11
System Data
Total Gallons During the Five-Year
Reporting Period
Water Produced: Volume produced from own
sources
36.334 MG
Wholesale Water Imported : Purchased
wholesale water imported from other sources
into the distribution system
3905.336 MG
Wholesale Water Exported: Wholesale water
sold or transferred out of the distribution system
(Insert Total Volume calculated on Page 4)
0
TOTAL System Input : Total water supplied
to the infrastructure
3,941.67 MG
[Produced + Imported – Exported = System Input]
Retail Water Sold : All retail water sold for
public use and human consumption (Insert Total
Residential Use from Option 1 or Option 2 calculated on
Page 3)
3524.816 MG
Other Consumption Authorized for Use but
not Sold:
- back flushing water - line flushing
- storage tank cleaning - golf courses
- fire department use - parks
- municipal government offices
182.538 MG
TOTAL Authorized Water Use: All water
that has been authorized for use or
consumption.
3,707.35 MG
[Retail Water Sold + Other Consumption = Total Authorized]
Apparent Losses – Water that has been
consumed but not properly measured
(Includes customer meter accuracy, systematic data
discrepancy, un- authorized consumption such as theft)
0
Real Losses – Physical losses from the
distribution system prior to reaching the
customer destination
(Includes physical losses from system or mains, reported
breaks and leaks, storage overflow)
234.316 MG
Unidentified Water Losses 0.00
[System Input- Total Authorized - Apparent Losses - Real Losses
= Unidentified Water Losses]
TOTAL Water Loss
234.32 MG
[Apparent + Real + Unidentified = Total Water Loss]
Fields that are gray are entered by the user.
Select fields that are white and hit F9 to
updated fields.
Item 9
TCEQ-20646 rev. (09-18-2013) Page 6 of 11
Targets and Goals
In the table below, please provide the specific and quantified five and ten-year targets for
water savings listed in your water conservation plan.
Date Target for:
Total GPCD
Target for:
Water Loss
(expressed in GPCD)
Target for:
Water Loss Percentage
(expressed in Percentage)
Five-year
target date:
1/1/2019
170
8.5
5%
Ten-year
target date:
1/1/2024
155
6.2
4%
Are targets in the water conservation plan being met? Yes ☐ No ☐
If these targets are not being met, provide an explanation as to why, including any progress
on these targets:
Gallons per Capita per Day (GPCD) and Water Loss
Compare your current gpcd and water loss to the above targets and goals set in your previous
water conservation plan.
Total System Input in Gallons
Permanent
Population Current GPCD
3941.67 MG
[Produced + Imported – Exported = System Input]
13,380 161.42
[ (System Input ÷ Permanent Population) /5/
365 ]
Permanent Population is the total permanent population of the service area. This includes single family, multi-family, and
group quarter populations.
Total Residential Use
Permanent
Population
Residential GPCD
2909.129 MG 13,380
119.14
[ (Residential Use ÷ Residential Population) /
5/ 365 ]
Residential Population is the total residential population of the service area including single & multi-family
population.
Fields that are gray are entered by the user.
Select fields that are white and hit F9 to
update fields.
Item 9
TCEQ-20646 rev. (09-18-2013) Page 7 of 11
Fields that are gray are entered by the user.
Select fields that are white and hit F9 to
updated fields.
Total Water Loss Total System Input in
Gallons
Permanent
Population
Water Loss calculated
in
GPCD 1 Percent 2
234.316 MG
[Apparent + Real + Unidentified = Total Water
Loss]
3941.67 MG
[Water Produced + Wholesale
Imported - Wholesale Exported]
13,380
9.6
5.94 %
1. [Total Water Loss ÷ Permanent Population] / 5/ 365 = Water Loss GPCD]
2. [Total Water Loss ÷ Total System Input] x 100 = Water Loss Percentage]
Water Conservation Programs and Activities
As you complete this section, please review your water
conservation plan to see if you are making progress
towards meeting your stated goals.
1. Water Conservation Plan
What year did your entity adopt, or revise, their most recent water conservation plan: 2011
Does the plan incorporate Best Management Practices? Yes ☐ No ☐
2. Water Conservation Programs
For the reporting period, please select the types of activities and programs that have been actively
administered, and estimate the expense and savings that incurred in implementing the conservation
activities and programs for the past five years. Leave the field blank if unknown:
Program or Activity
Estimated
Expenses
Estimated Gallons
Saved
Conservation Analysis & Planning
☐ Conservation Coordinator $25,000.00 200 MG
☐ Water Survey for Single-Family and Multi-
Family Customers
Financial
☐ Wholesale Agency Assistance Programs
☐ Water Conservation Pricing/ Rate Structures $8000.00 200 MG
System Operations
☐ Water Loss Audits
☐ Leak Detection $20,000.00 50 MG
☐ Universal Metering and Metering Repair $50,000.00 50 MG
Landscaping
☐ Landscape Irrigation Conservation and
Incentives
Item 9
TCEQ-20646 rev. (09-18-2013) Page 8 of 11
☐ Athletic Fields Conservation
☐ Golf Course Conservation
☐ Park Conservation
Education & Public Awareness
☐ School Education $5000.00 1 MG
☐ Public Information $4000.00 1 MG
Rebate, Retrofit, and Incentive Programs
☐ Conservation Programs for ICI Accounts
☐ Residential Clothes Washer Incentive
Program
☐ Water Wise Landscape Design and
Conversion Programs
☐ Showerhead, Aerator, and Toilet Flapper
Retrofit
☐ Residential Toilet Replacement Programs
☐ Rainwater Harvesting Incentive Program
☐ ICI Incentive Programs
Conservation Technology
☐ Recycling and Reuse Programs (Water or
Wastewater Effluent)
☐ Rainwater Harvesting and Condensate
Reuse Programs
$500.00 1 MG
Regulatory and Enforcement
☐ Prohibition on Wasting Water $8000.00 5 MG
TOTAL $120,500.00 508 MG
3. Reuse (Water or Wastewater Effluent)
For the reporting period, please provide the following data regarding the types of direct and
indirect reuse activities that were administered for the past five years:
Reuse Activity Estimated Volume (in gallons)
On-site irrigation
Plant wash down
Chlorination/de-chlorination
Industrial
Landscape irrigation (parks, golf courses)
Agricultural
Other, please describe:
Estimated Volume of Recycled or Reuse 0
4. Water Savings
Item 9
TCEQ-20646 rev. (09-18-2013) Page 9 of 11
For the five-year reporting period, estimate the total savings that resulted from your overall water
conservation activities and programs?
Estimated
Gallons Saved
(Total from
Conservation Programs
Table)
Estimated Gallons
Recycled or Reused
(Total from Reuse Table)
Total Volume of
Water Saved 1
Dollar Value
of Water Saved 2
508 MG 0 508 MG $221,500.00
1. [Estimated Gallons Saved + Estimated Gallons Recycled or Reused = Total Volume Saved]
2. Estimate this value by taking into account water savings, the cost of treatment or purchase of your water, and any
deferred capital costs due to conservation.
5. Conservation Pricing / Conservation Rate Structures
During the five-year reporting period, have your rates or rate structure changed? Yes ☐ No ☐
Please indicate the type of rate pricing structures that you use:
☐ Uniform rates ☐ Water Budget Based rates ☐ Surcharge - seasonal
☐ Flat rates ☐ Excess Use Rates ☐ Surcharge - drought
☐ Inclining/ Inverted Block
☐ Drought Demand rates ☐ Surcharge - usage demand
☐ Declining Block rates ☐ Tailored rates
☐ Seasonal rates
6. Public Awareness and Education Program
For the five-year reporting period, please check the appropriate boxes regarding any public
awareness and educational activities that your entity has provided:
Implemented Number/Unit
Example: Brochures Distributed ☐ 10,000/year
Example: Educational School
☐ 50 students/month
Brochures Distributed ☐
Messages Provided on Utility Bills ☐ 4500/Quarterly
Press Releases ☐ 10/Year
TV Public Service Announcements ☐
Radio Public Service Announcements ☐
Educational School Programs ☐
Displays, Exhibits, and Presentations ☐
Community Events ☐ 3/Year
Item 9
TCEQ-20646 rev. (09-18-2013) Page 10 of 11
Social Media campaigns ☐ 20/Year
Facility Tours ☐
Other : ☐
7. Leak Detection
During the five-year reporting period, how many leaks were repaired in the system or at service
connections: Estimated 350
Please check the appropriate boxes regarding the main cause of water loss in your system during
the reporting period:
☐ Leaks and breaks
☐ Un-metered utility or city uses
☐ Master meter problems
☐ Customer meter problems
☐ Record and data problems
☐ Other: Click here to enter text.
☐ Other: Click here to enter text.
8. Universal Metering and Meter Repair
For the five-year reporting period, please provide the following information regarding meter
repair:
Total Number Total Tested Total Repaired Total
Production
Meters
3 0 0 0
Meters larger
than 1 ½”
472 0 0 0
Meters 1 ½ or
smaller
4672 2 510 512
Does your system have automated meter reading? Yes ☐ No ☐
Item 9
TCEQ-20646 rev. (09-18-2013) Page 11 of 11
9. Conservation Communication Effectiveness
In your opinion, how would you rank the effectiveness of your conservation activities in
reaching the following types of customers for the past five years?
10. Drought Contingency and Emergency Water Demand Management
During the five-year reporting period, did you implement your Drought Contingency Plan?
Yes ☐ No ☐
If yes, indicate the number of days that your water use restrictions were in effect: 2 Years and 4
months. December 13, 2011 - Present
If yes, please check all the appropriate reasons for your drought contingency efforts going into
effect.
☐ Water Supply Shortage ☐ Equipment Failure
☐ High Seasonal Demand ☐ Impaired Infrastructure
☐ Capacity Issues ☐ Other:
If you have any questions on how to fill out this form or about the Water Conservation program, please
contact us at 512/239-4691.
Individuals are entitled to request and review their personal information that the agency gathers on its forms. They
may also have any errors in their information corrected. To review such information, contact us at 512-239-3282.
Do not have activities or
programs that target this
type customer.
Less Than
Effective
Somewhat
Effective
Highly
Effective
Residential Customers ☐ ☐ ☐ ☐
Industrial Customers ☐ ☐ ☐ ☐
Institutional Customers ☐ ☐ ☐ ☐
Commercial Customers ☐ ☐ ☐ ☐
Agricultural Customers ☐ ☐ ☐ ☐
Item 9
Page 1 of 1
To: Mayor and Town Council
From: Matt Richardson., P.E., Senior Engineer
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 27, 2014
Agenda Item:
Consider and act upon an amendment to the Capital Improvement Plan (CIP) for the Southwest
Corner Frontier Park Practice Fields project.
Description of Agenda Item:
At the December 10, 2013, Town Council meeting, Town Council directed staff to proceed with
the design of the park improvements at the Southwest Corner of Frontier Park. At the January
14, 2014, Town Council meeting, Town Council approved a CIP Amendment creating the
Southwest Corner Frontier Park Practice Fields project and reallocating budgeted funds in the
amount of $292,000 from the Cockrell Park project.
Concurrently on tonight's agenda, Town Council will consider a bid award in the amount of
$381,566.75 related to the construction services for the Southwest Corner Frontier Park
Practice Fields project. This bid award exceeds the project budget due to increases in the
scope of the project during planning and design, including an increased area of practice fields,
including additional turf and irrigation, increased grading of the project site, and removal of the
existing sand volleyball courts.
Budget Impact:
Staff has reviewed available funds and proposes increasing the project budget from $292,000 to
$440,000. The estimated design of the project is $25,000 with the remaining $415,000
allocated to the construction of the project. The $148,000 increase will be funded from Park
Dedication Fees Fund.
Attached Documents:
1. CIP Amendment
Town Staff Recommendation:
Town staff recommends that the Town Council approve an amendment to the Capital
Improvement Plan (CIP), in the additional amount of $148,000, for the Southwest Corner
Frontier Park Practice Fields project.
Proposed Motion:
I move to approve an amendment to the Capital Improvement Plan (CIP), in the additional
amount of $148,000, for the Southwest Corner Frontier Park Practice Fields project.
ENGINEERING
Prosper is a place where everyone matters.
Item 10
ISSUED REIMB. RES.AUTHORIZED NEW
Prior Yrs 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024 DEBT UNISSUED DEBT UNISSUED DEBT UNISSUED DEBT 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024
12 PK1304 Frontier Park - Southwest Corner Practice Fields 292,000 292,000 292,000 6
292,000 292,000 292,000
ISSUED REIMB. RES.AUTHORIZED NEW
Prior Yrs 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024 DEBT UNISSUED DEBT UNISSUED DEBT UNISSUED DEBT 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024
12 PK1304 Frontier Park - Southwest Corner Practice Fields +148,000 +148,000 +148,000 6
+148,000 +148,000 +148,000
ISSUED REIMB. RES.AUTHORIZED NEW
Prior Yrs 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024 DEBT UNISSUED DEBT UNISSUED DEBT UNISSUED DEBT 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024
12 PK1304 Frontier Park - Southwest Corner Practice Fields 440,000 440,000 440,000 6
440,000 440,000 440,000
Other Sources
0. Impact Fees
1. Grant and Interlocal Funds
2. Other Sources (see Project Detail)
3. Developer Agreement(s)
4. Decision Package
5. Water/Wastewater Fund
6. Park Development Fund
7. Stormwater Drainage Fund
8. Tax Increment Reinvestment Zone #1 (TIRZ 1)
9. Tax Increment Reinvestment Zone #2 (TIRZ 2)INDEXINDEXINDEXCIP Amendment - 05/27/2014
FUNDING SOURCES
SUBTOTAL
PARK PROJECTS - ORIGINAL
SUBTOTAL
UNISSUED DEBT SCHEDULE
SUBTOTAL
OTHER
SOURCES
FUNDING SOURCES UNISSUED DEBT SCHEDULE
OTHER
SOURCES
PARK PROJECTS - REVISED
PROJECT SCHEDULE TOTAL
PROJECT
COSTS
PARK PROJECTS - MODIFICATION
PROJECT SCHEDULE TOTAL
PROJECT
COSTS
PROJECT SCHEDULE FUNDING SOURCES UNISSUED DEBT SCHEDULE
SOURCES
TOTAL
PROJECT
COSTS
OTHER
Item 10
Page 1 of 2
To: Mayor and Town Council
From: Paul Naughton, RLA, Landscape Architect
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 27, 2014
Agenda Item:
Consider and act upon awarding Bid No. 2014-35-B to Superscapes, Inc., related to the
construction services for the Southwest Corner Frontier Park Practice Fields, and authorizing the
Town Manager to execute same.
Description of Agenda Item:
On April 23, 2014, at 2:00 p.m., seven (7) bids were opened for the Southwest Corner Frontier
Park Practice Fields project. The verified totals from the bidders ranged between $381,566.75 and
$447,232.00. Superscapes, Inc. was determined to be the lowest bidder at $381,566.75.
The base bid and alternates are summarized below:
Alt. #1: Furnish and Install Double Batting Cages per plans and specifications
Alt. #2: Furnish and Install Double Batting Cages w/ concrete pad per plans and specifications
Alt. #3: Concrete walkway to batting cages
Alt. #4: Provide power outlets at batting cages
Alt. #5: Complete Irrigation System w/ Motorola Controller in lieu of I-Core Controller
Alt. #6: Alternative artificial turf installation within batting cages
None of the alternates are recommended to be awarded with this contract. Town staff is working
on preparing a separate bid for the Double Batting Cages, in an effort to receive more competitive
pricing.
Prosper is a place where everyone matters.
PARKS &
RECREATION
Item 11
Page 2 of 2
Budget Impact:
Base Bid $ 381,566.75
Total Contract Amount $ 381,566.75
Contingency $ 33,433.25
TOTAL Proposed Budget $ 415,000.00
The total cost of the construction contract is $381,566.75. The construction budget for the project
will be revised to $415,000, to include $33,433.25 contingency. The CIP will be amended to reflect
an increase in the budget from $292,000 to $440,000 from the Park Dedication Fee Fund for this
project. The additional $25,000 represents the budgeted amount for the design of the 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 the Town Council award Bid No. 2014-35-B to Superscapes, Inc., in the
amount of $381,566.75, and authorize the Town Manager to execute a Construction Services
Contract Agreement between Superscapes, Inc., and the Town of Prosper related to construction
services for the Southwest Corner Frontier Park Practice Fields.
Proposed Motion:
I move to award Bid No. 2014-35-B to Superscapes, Inc., in the amount of $381,566.75, and
authorize the Town Manager to execute a Construction Services Contract Agreement between
Superscapes, Inc., and the Town of Prosper related to construction services for the Southwest
Corner Frontier Park Practice Fields.
Item 11
Bid No: 2014-35-B Southwest Corner Frontier Park Practice FieldsBid Opening: 4/23/14 at 2:00 PM Base Bid Alt 1 Alt 2 Alt 3 Alt 4 Alt 5 Alt 6 Superscapes, Inc. $ 381,566.75 $ 120,000.00 $ 145,000.00 $ 3,525.50 $ 5,500.00 $ 52,500.00 $ (9,000.00)Raydon, Inc. $ 385,561.48 $ 81,368.00 $ 102,046.00 $ 2,884.50 $ 4,250.00 $ 67,967.80 $ (18,735.00)Affiliated Western, Inc. $ 388,268.05 $ 92,822.74 $ 119,126.87 $ 3,970.08 $ 10,507.50 $ 41,870.05 $ (20,921.60)RoeschCo Construction, Inc. $ 389,747.00 $ 80,000.00 $ 102,000.00 $ 3,205.00 $ 3,500.00 $ 11,000.00 $ (5,000.00)HQS Construction, LLC $ 408,470.00 $ 104,100.00 $ 120,100.00 $ 3,846.00 $ 3,000.00 $ 10,000.00 - DCI Contracting, Inc. $ 408,792.50 $ 84,000.00 $ 95,000.00 $ 3,205.00 $ 12,000.00 $ 13,000.00 - SFCC Inc $ 447 232 00 $ 93 100 00 $ 117 700 00 $ 5 128 00 $ 4 100 00 $ 57 200 00 $ 1 500 00 Town of Prosper Bid TabulationSFCC, Inc. $ 447,232.00 $ 93,100.00 $ 117,700.00 $ 5,128.00 $ 4,100.00 $ 57,200.00 $ 1,500.00 Certified By: January M. Cook, CPPO, CPPBDate:April 24, 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 the bid/proposal on this tabulation sheet shall not beconstrued as a comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The agency will makea determination as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents,including but not limited to the project specifications and contract documents. The agency will notify the successful vendor upon award of the contract and, as according to thelaw, all bid/proposal responses received will be available for inspection at that time. Item 11
SOUTHWEST CORNER FRONTIER PARK PRACTICE FIELDS
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CONSTRUCTION AGREEMENT
THE STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN )
This Construction Agreement (the "Agreement") is made by and between
Superscapes, Incorporated, (the "Contractor") and the Town of Prosper, Texas, a
municipal corporation (the "Owner"). For and in consideration of the payment,
agreements and conditions hereinafter mentioned, and under the conditions
expressed in the bonds herein, Contractor hereby agrees to complete the construction
of improvements described as follows:
SOUTHWEST CORNER FRONTIER PARK PRACTICE FILEDS
BID NO. 2014-35-B
in the Town of Prosper, Texas, and all extra work in connection therewith, under the
terms as stated in the terms of this Contract, including all Contract Documents
incorporated herein; and at his, her or their own proper cost and expense to furnish all
superintendence, labor, insurance, equipment, tools and other accessories and
services necessary to complete the said construction in accordance with all the
Contract Documents, incorporated herein as if written word for word, and in
accordance with the Plans, which include all maps, plats, blueprints, and other
drawings and printed or written explanatory manner therefore, and the Specifications
as prepared by Town of Prosper or its consultant hereinafter called Engineer, who has
been identified by the endorsement of the Contractor's written proposal, the General
Conditions of this Contract, the Special Conditions of this Contract, the payment,
performance, and maintenance bonds hereto attached; all of which are made a part
hereof and collectively evidence and constitute the entire Contract.
A. Contract Documents and Order of Precedence
The Contract Documents shall consist of the following documents:
1. this Construction Agreement;
2. properly authorized change orders;
3. the Special Conditions of this Contract;
4. the General Conditions of this Contract;
5. the Technical Specifications & Construction Drawings of this Contract;
6. the OWNER's Standard Construction Details;
7. the OWNER's Standard Construction Specifications;
8. the OWNER’s written notice to proceed to the CONTRACTOR;
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SOUTHWEST CORNER FRONTIER PARK PRACTICE FIELDS
PAGE 14
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 Hundred Eighty-One Thousand Five Hundred Sixty-Six Dollars and Seventy-Five
Cents ($ 381,566.75). This amount is subject to adjustment by change order in accordance
with the Contract Documents.
C. Dates to Start and Complete Work
Contractor shall begin work within ten (10) calendar days after receiving a written Notice
to Proceed or written Work Order from the Owner. All Work required under the Contract
Documents shall be substantially completed within 120 calendar days after the date of the
Notice to Proceed for the base bid. Within 30 additional calendar days after Substantial
Completion, all outstanding issues shall be addressed and ready for final payment.
Under this Construction Agreement, all references to “day” are to be considered
“calendar days” unless noted otherwise.
D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER)
TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS,
OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE
CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS,
DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES
OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH
MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF,
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SOUTHWEST CORNER FRONTIER PARK PRACTICE FIELDS
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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.
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SOUTHWEST CORNER FRONTIER PARK PRACTICE FIELDS
PAGE 16
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:
Southwest Corner Frontier Park Practice Fields
Bid No. 2014-35-B
Town of Prosper
Attn: Purchasing Agent
121 W. Broadway
Prosper, Texas 75078
(a) Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed
Operations, Independent Contractors and Contractual Liability, with
minimum combined single limits of $1,000,000 per-occurrence,
$1,000,000 Products/Completed Operations Aggregate and $2,000,000
general aggregate. If high risk or dangerous activities are included in the
Work, explosion, collapse and underground (XCU) coverage is also
required. Coverage must be written on an occurrence form. The General
Aggregate shall apply on a per project basis.
(b) Workers’ Compensation insurance with statutory limits; and Employers’
Liability coverage with minimum limits for bodily injury: a) by accident,
$100,000 each accident, b) by disease, $100,000 per employee with a
per policy aggregate of $500,000.
(c) Umbrella or Excess Liability insurance with minimum limits of $2,000,000
each occurrence and annual aggregate for bodily injury and property
damage, that follows form and applies in excess of the above indicated
primary coverage in subparagraphs a and b. The total limits required
may be satisfied by any combination of primary, excess or umbrella
liability insurance provided all policies comply with all requirements. The
Contractor may maintain reasonable deductibles, subject to approval by
the Owner.
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SOUTHWEST CORNER FRONTIER PARK PRACTICE FIELDS
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2. With reference to the foregoing required insurance, the Contractor shall endorse
applicable insurance policies as follows:
(a) A waiver of subrogation in favor of Town of Prosper, its officials,
employees, and officers shall be contained in the Workers’ Compensation
insurance policy.
(b) The Town of Prosper, its officials, employees and officers shall be named
as additional insureds on the Commercial General Liability policy, by
using endorsement CG2026 or broader. (Please note that this “additional
insured” coverage requirement is not prohibited by Chapter 151 of the
Texas Insurance Code as it falls within one of the exclusions contained in
Section 151.105 of the Texas Insurance Code.)
(c) All insurance policies shall be endorsed to the effect that Town of Prosper
will receive at least thirty (30) days notice prior to cancellation, non-
renewal, termination, or material change of the policies.
3. All insurance shall be purchased from an insurance company that meets a
financial rating of “A” or better as assigned by the A.M. BEST Company or
equivalent.
4.With respect to Workers’ Compensation insurance, the Contractor agrees to
comply with all applicable provisions of 28 Tex. Admin Code
§ 110.110, “Reporting Requirements for Building or Construction Projects for
Governmental Entities,” as such provision may be amended, and as set forth in
Paragraph F following.
F. Workers' Compensation Insurance Coverage
1. Definitions:
Certificate of coverage ("certificate")- A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the Contractor's/person's work on the project has been completed
and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes
all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the project, regardless of whether that person
contracted directly with the Contractor and regardless of whether that person has
employees. This includes, without limitation, independent contractors,
subcontractors, leasing companies, motor carriers, owner-operators, employees
of any such entity, or employees of any entity which furnishes persons to provide
services on the project. "Services" include, without limitation, providing, hauling,
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SOUTHWEST CORNER FRONTIER PARK PRACTICE FIELDS
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or delivering equipment or materials, or providing labor, transportation, or other
service related to a project. "Services" does not include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and delivery of
portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any coverage agreements,
which meets the statutory requirements of Texas Labor Code, Section
401.011(44) for all employees of the Contractor providing services on the project,
for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage
ends during the duration of the project, the Contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
(b) no later than seven days after receipt by the Contractor, a new certificate
of coverage showing extension of coverage, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project.
6. The Contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the Contractor knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission, informing
all persons providing services on the project that they are required to be covered,
and stating how a person may verify coverage and report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(a)provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
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SOUTHWEST CORNER FRONTIER PARK PRACTICE FIELDS
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statutory requirements of Texas Labor Code, Section 401.011(44) for all
of its employees providing services on the project, for the duration of the
project;
(b) provide to the Contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided
for all employees of the person providing services on the project, for the
duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work
on the project; and
(2) a new certificate of coverage showing extension of coverage, prior
to the end of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of
the project;
(e) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of
any change that materially affects the provision of coverage of any person
providing services on the project; and
(g) contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of
coverage, the Contractor is representing to the governmental entity that all
employees of the Contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project, that
the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the commission's Division
of Self-Insurance Regulation. Providing false or misleading information may
subject the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of
contract by the Contractor which entitles the governmental entity to declare the
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SOUTHWEST CORNER FRONTIER PARK PRACTICE FIELDS
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contract void if the Contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
G. Performance, Payment and Maintenance Bonds
The Contractor shall procure and pay for performance and payment bonds applicable to
the work in the amount of the total bid price. The Contractor shall also procure and pay for a
maintenance bond applicable to the work in the amount of ten percent (10%) of the total bid
price. The period of the Maintenance Bond shall be two years from the date of
acceptance of all work done under the contract, to cover the guarantee as set forth in
this Construction Agreement. The performance, payment and maintenance bonds shall be
issued in the form attached to this Construction Agreement as Exhibits B, C and D. Other
performance, payment and maintenance bond forms shall not be accepted. Among other things,
these bonds shall apply to any work performed during the two-year warranty period after
acceptance as described in this Construction Agreement.
The performance, payment and maintenance bonds shall be issued by a corporate
surety, acceptable to and approved by the Town, authorized to do business in the State of
Texas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall
supply capital and surplus information concerning the surety and reinsurance information
concerning the performance, payment and maintenance bonds upon Town request. In addition
to the foregoing requirements, if the amount of the bond exceeds One Hundred Thousand
Dollars ($100,000) the bond must be issued by a surety that is qualified as a surety on
obligations permitted or required under federal law as indicated by publication of the surety’s
name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise
acceptable surety company (not qualified on federal obligations) that is authorized and admitted
to write surety bonds in Texas must obtain reinsurance on any amounts in excess of One
Hundred Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as a
reinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicated
by publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department
Circular 570.
H. Progress Payments and Retainage
As it completes portions of the Work, the Contractor may request progress payments
from the Owner. Progress payments shall be made by the Owner based on the Owner's
estimate of the value of the Work properly completed by the Contractor since the time the last
progress payment was made. The "estimate of the value of the work properly completed" shall
include the net invoice value of acceptable, non-perishable materials actually delivered to and
currently at the job site only if the Contractor provides to the Owner satisfactory evidence that
material suppliers have been paid for these materials.
No progress payment shall be due to the Contractor until the Contractor furnishes to the
Owner:
1. copies of documents reasonably necessary to aid the Owner in preparing an
estimate of the value of Work properly completed;
2. full or partial releases of liens, including releases from subcontractors providing
materials or delivery services relating to the Work, in a form acceptable to the
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Owner releasing all liens or claims relating to goods and services provided up to
the date of the most recent previous progress payment;
3.an updated and current schedule clearly detailing the project’s critical path
elements; and
4.any other documents required under the Contract Documents.
Progress payments shall not be made more frequently than once every thirty (30)
calendar days unless the Owner determines that more frequent payments are appropriate.
Further, progress payments are to be based on estimates and these estimates are subject to
correction through the adjustment of subsequent progress payments and the final payment to
Contractor. If the Owner determines after final payment that it has overpaid the Contractor, then
Contractor agrees to pay to the Owner the overpayment amount specified by the Owner within
thirty (30) calendar days after it receives written demand from the Owner.
The fact that the Owner makes a progress payment shall not be deemed to be an
admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work.
Progress payments shall not be deemed to be acceptance of the Work nor shall a progress
payment release the Contractor from any of its responsibilities under the Contract Documents.
After determining the amount of a progress payment to be made to the Contractor, the
Owner shall withhold a percentage of the progress payment as retainage. The amount of
retainage withheld from each progress payment shall be set at five percent (5%). Retainage
shall be withheld and may be paid to:
a.ensure proper completion of the Work. The Owner may use retained funds to
pay replacement or substitute contractors to complete unfinished or defective
work;
b.ensure timely completion of the Work. The Owner may use retained funds to pay
liquidated damages; and
c. provide an additional source of funds to pay claims for which the Owner is
entitled to indemnification from Contractor under the Contract Documents.
Retained funds shall be held by the Owner in accounts that shall not bear interest.
Retainage not otherwise withheld in accordance with the Contract Documents shall be returned
to the Contractor as part of the final payment.
I. Withholding Payments to Contractor
The Owner may withhold payment of some or all of any progress or final payment that
would otherwise be due if the Owner determines, in its discretion, that the Work has not been
performed in accordance with the Contract Documents. The Owner may use these funds to pay
replacement or substitute contractors to complete unfinished or defective Work.
The Owner may withhold payment of some or all of any progress or final payment that
would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper
to provide an additional source of funds to pay claims for which the Owner is entitled to
indemnification from Contractor under the Contract Documents.
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Amounts withheld under this section shall be in addition to any retainage.
J. Acceptance of the Work
When the Work is completed, the Contractor shall request that the Owner perform a final
inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been
completed in accordance with the Contract Documents, it shall issue a written notice of
acceptance of the Work. If the Owner determines that the Work has not been completed in
accordance with the Contract Documents, then it shall provide the Contractor with a verbal or
written list of items to be completed before another final inspection shall be scheduled.
It is specifically provided that Work shall be deemed accepted on the date specified in
the Owner's written notice of acceptance of the Work. The Work shall not be deemed to be
accepted based on "substantial completion" of the Work, use or occupancy of the Work, or for
any reason other than the Owner's written Notice of Acceptance. Further, the issuance of a
certificate of occupancy for all or any part of the Work shall not constitute a Notice of
Acceptance for that Work.
In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of
the Work. In this event, the notice shall state specifically what portion of the Work is accepted.
K. Acceptance of Erosion Control Measures
When the erosion control measures have been completed, the Contractor shall request
that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner
determines that the Work has been completed in accordance with the Contract Documents and
per TPDES General Construction Permit, it shall issue a written Notice of Acceptance of the
Work. If the Owner determines that the Work has not been completed in accordance with the
Contract Documents or TPDES General Construction Permit, then it shall provide the
Contractor with a verbal or written list of items to be completed before another final inspection
shall be scheduled.
L. Final Payment
After all Work required under the Contract Documents has been completed, inspected,
and accepted, the Town shall calculate the final payment amount promptly after necessary
measurements and computations are made. The final payment amount shall be calculated to:
1.include the estimate of the value of Work properly completed since the date of
the most recent previous progress payment;
2. correct prior progress payments; and
3. include retainage or other amounts previously withheld that are to be returned to
Contractor, if any.
Final payment to the Contractor shall not be due until the Contractor provides original full
releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to
the Owner to show that all sums due for labor, services, and materials furnished for or used in
connection with the Work have been paid or shall be paid with the final payment. To ensure this
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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 11
SOUTHWEST CORNER FRONTIER PARK PRACTICE FIELDS
PAGE 24
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 11
SOUTHWEST CORNER FRONTIER PARK PRACTICE FIELDS
PAGE 25
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 11
Frontier ParkwaySouthwest Corner ImprovementsFrontier Park Master PlanItem 11
Page 1 of 3
To: Mayor and Town Council
From: Julie Shivers, Recreation Services Coordinator
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 27, 2014
Agenda Item:
Consider and act upon an Ordinance amending Section XIII, “Parks and Recreation User Fees,"
of Appendix A to the Town's Code of Ordinances by adding a new subsection (c) thereto
relative to fees for the use of athletic facilities for tournaments, camps, and clinics.
Description of Agenda Item:
Currently the Town does not have a fee structure for tournaments, camps, and clinics. Staff
surveyed multiple municipalities to determine an appropriate fee structure for the Town of
Prosper. With the increased requests for utilizing Town facilities, staff will be able to better
accommodate outside organizations and/or individuals that inquire about the use of Town
facilities for tournaments, camps, and clinics.
Town staff conducted a survey of several surrounding cities including Allen, Denton, McKinney,
Plano, Richardson, and Southlake. In compiling the data, staff found that the fees for
tournaments, camps, and clinics vary greatly across the area. For example, Plano's tournament
fee structure is the following:
$10 per team
$60 per field per day fee plus a $7 per hour field activity fee from start to completion
$295 per field establishment/set up fee
$40 per hour per field for lights (starts when turned on)
Whereas, Southlake's tournament fee structure is the following:
Baseball $8,000 MIN (includes first 50 teams)
o $125 gate fee (each team over initial 50)
o $1,200 deposit
Softball $3,300 MIN (includes first 20 teams)
o $125 gate fee (each team over the initial 20)
o $500 deposit
4 days or more tournament
o $11,000 MIN (includes first 50 teams)
o $125 gate fee (each team over the initial 50)
o $1,650 deposit
Turf sports: not offered
Prosper is a place where everyone matters.
PARKS &
RECREATION
Item 12
Page 2 of 3
Town staff proposes the following tournament fee structure for the Town of Prosper:
Tournament Fees Co-Sponsored
Organization
Resident,
Non Co-Sponsored
Organization
Non-Resident,
Non Co-Sponsored
Organization
Per team (2 day MIN) $ 25.00 $ 25.00 $ 50.00
Per team/additional day $ 15.00 $ 15.00 $ 30.00
Deposit per field $ 100.00 $ 100.00 $ 100.00
MIN Tournament Fee $ 500.00 $ 750.00 $ 1,000.00
Lights per hour per field $ 15.00 $ 15.00 $ 15.00
On-site staff $ 25.00/hour $ 25.00/hour $ 25.00/hour
Field preparation $ 40.00/field $ 40.00/field $ 40.00/field
For camps and clinics, fees continue to vary across the board. For example, Richardson's fee
structure is the following:
Partners: MIN fee of $250, $5/per participant per day
Resident, Non-Partners: MIN fee of $300, $5/per participant per day
Non-Resident, Non-Partner: MIN fee of $450, $10/per participant per day
An additional $25 fee per hour per field for lights
Town staff proposes the following camps and clinics fee structure for the Town of Prosper:
Camps and Clinics Co-Sponsored
Organization
Resident,
Non Co-Sponsored
Organization
Non-Resident,
Non Co-Sponsored
Organization
Per participant per day $ 5.00 $ 5.00 $ 10.00
Deposit per field $ 100.00 $ 100.00 $ 100.00
MIN Camp/Clinic Fee $ 250.00 $ 300.00 $ 450.00
Lights per hour per field $ 15.00 $ 15.00 $ 15.00
On-site staff $ 25.00/hour $ 25.00/hour $ 25.00/hour
Field preparation $ 40.00/field $ 40.00/field $ 40.00/field
Budget Impact:
These fees will assist the Parks and Recreation Department on recovering some of its operating
and personnel costs.
Legal Obligations and Review:
Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality.
Attached Documents:
1. Ordinance
Parks and Recreation Board Recommendation:
At the April 10, 2014, Parks and Recreation Board (PARBd) meeting, the PARBd approved fees
for tournaments, camps, and clinics as recommended.
Item 12
Page 3 of 3
Town Staff Recommendation:
Town staff recommends that the Town Council approve an Ordinance amending Section XIII,
“Parks and Recreation User Fees," of Appendix A to the Town's Code of Ordinances by adding
a new subsection (c) thereto relative to fees for the use of athletic facilities for tournaments,
camps, and clinics.
Proposed Motion:
I move to approve an Ordinance amending Section XIII, “Parks and Recreation User Fees," of
Appendix A to the Town's Code of Ordinances by adding a new subsection (c) thereto relative
to fees for the use of athletic facilities for tournaments, camps, and clinics.
Item 12
TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SECTION XIII, “PARKS AND RECREATION USER
FEES,” OF APPENDIX A TO THE TOWN’S CODE OF ORDINANCES BY
ADDING A NEW SUBSECTION (C) THERETO REL ATIVE TO FEES FOR THE
USE OF ATHLETIC FACILITIES FOR TOURNAMENTS, CAMPS, AND
CLINICS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”) has
investigated and determined that the fees for Parks and Recreation users should be amended
to address tournament, camp and clinic fees, which fees are not currently addressed in the
Town’s fee schedule, contained in Appendix A to the Town’s Code of Ordinances; and
WHEREAS, the Prosper Parks & Recreation Board has reviewed the proposed fees and
recommends adoption of the same by the Town Council; and
WHEREAS, the Town Council hereby finds and determines that it will be advantageous,
beneficial and in the best interests of the citizens of Prosper to amend Appendix A to the Town’s
Code of Ordinances as set forth below.
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
From and after the effective date of this Ordinance, Section XIII, “Parks and Recreation
User Fees,” of Appendix A to the Town’s Code of Ordinances is hereby amended by adding a
new subsection (c) to read as follows:
“Sec. XIII Parks & recreation user fees
* * *
(c) Tournaments, Camps, and Clinic Fees
Co-Sponsored Organization Fees:
• Tournament Fees
o $ 25/per team (up to a two day tournament)
o $ 15/per team/additional day
o $ 100 deposit per field
o Minimum fee for tournaments is $500.
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2
• Camps and Clinics Fees
o $ 5/per participant per day
o $ 100 deposit per field
o Minimum fee for camps and clinics is $250.
Resident, Non Co-Sponsored Organization Fees:
• Tournament Fees
o $ 25/per team (up to a two day tournament)
o $ 15/per team/additional day
o $ 100 deposit per field
o Minimum fee for tournaments is $750.
• Camps and Clinics Fees
o $ 5/per participant per day
o $ 100 deposit per field
o Minimum fee for camps and clinics is $300.
Non-Resident, Non-Co-Sponsored Organization Fees:
• Tournament Fees
o $ 50/per team (up a two day tournament)
o $ 30/per team/additional day
o $ 100 deposit per field
o Minimum fee for tournaments is $1,000.
• Camps and Clinics Fees
o $ 10/per participant per day
o $ 100 deposit per field
o Minimum fee for camps and clinics is $450.
General Fees:
o Lights are charged at $15/hour/field
o On site staff is $25/hour/staff member, if deemed necessary by the Parks and
Recreation Department
o Field preparation is $40/field/per preparation
SECTION 3
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 portion of
conflicting ordinances shall remain in full force and effect.
Item 12
3
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. 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.
SECTION 5
This Ordinance shall take effect and be in full force from and after its passage and
publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule
Charter of the Town of Prosper, Texas
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 27th DAY OF MAY , 2014.
APPROVED:
________________________________
Ray Smith, Mayor
ATTEST:
___________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
__________________________________
Terrence S. Welch, Town Attorney
Item 12