01.27.2015 Town Council PacketPage 1 of 3
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
3. Announcements of upcoming events.
4. 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)
• Regular Meeting – January 13, 2015
4b. Consider and act upon a resolution approving the exclusion of land from the
boundaries of Prosper Management District No. 1. (RB)
4c. Receive the December 2014 financial report. (KA)
4d. Receive the Quarterly Investment Report for the quarter ending December 31,
2014. (KA)
4e. Consider and act upon approving the purchase of two public safety rated sport
utility vehicles for the Police Department, from Holiday Chevrolet, through a
Tarrant County contract. (DK)
4f. Consider and act upon authorizing the Town Manager to execute a License and
Irrigation/Landscape Maintenance Agreement between D.R. Horton-Texas, Ltd.,
Hawk Ridge Community Association, and the Town of Prosper, Texas, related to
the perimeter landscaping improvements within the Hawk Ridge development.
(HW)
4g. Consider and act upon adopting the Stormwater Management Program
requirement to meet conditions of the TCEQ General Permit to discharge under
the Texas Pollutant Discharge Elimination System. (DH)
4h. Consider and act upon an ordinance rezoning 56.5± acres, located on the west
side of Teel Parkway, 300± feet south of Fishtrap Road, amending Planned
Development-40 (PD-40), Exhibit C, Section 3., c., c. (Townhouse Uses), and d.
(Residential Development Standards). (JW)
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, January 27, 2015
6:00 p.m.
Page 2 of 3
4i. Consider and act upon an ordinance amending Chapter 3, “Building
Regulations,” of the Town’s Code of Ordinances, by adding a new Article 3.19,
“Fence Regulations,” and repealing Ordinance No. 12-01. (JW)
4j. 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. (AG)
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.)
Other Comments by the Public -
REGULAR AGENDA:
(If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary
prior to the meeting. Citizens wishing to address the Council for items listed as public
hearings will be recognized by the Mayor. Those wishing to speak on a non-public
hearing related item will be recognized on a case-by-case basis, at the discretion of the
Mayor and Town Council.)
DEPARTMENT ITEMS:
6. Discussion on updating of utility billing policies. (KA)
7. Consider and act upon an amendment to the Capital Improvement Plan (CIP). (MR)
8. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between Freese and Nichols, Inc., and the Town of
Prosper, related to the Lower Pressure Plane 42-Inch Transmission Line Alignment
Study Project. (MR)
9. Consider and act upon awarding Bid No. 2015-19-B to Groves Electrical Service, Inc.,
related to construction services for the SH 289 Median Lighting project; and authorizing
the Town Manager to execute a construction agreement for same. (MR)
10. Discussion on Park Development and Open Space opportunities. (HW)
11. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
Page 3 of 3
11a. Section 551.087 – To discuss and consider economic development incentives.
11b. 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.
11c. Section 551.071 – Consultation with Town Attorney regarding legal issues
associated with proposed extraterritorial jurisdiction release, and all matters
incident and related thereto.
11d. Section 551.074 – To discuss and review the Town Manager’s performance
evaluation.
12. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
13. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Illuminated Street Name Signs. (HW)
• Zoning Improvement Process. (JW)
14. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town
Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted on January 23, 2015, at 5:00
p.m. and remained so posted at least 72 hours before said meeting was convened.
_______________________________ _________________________
Carol Myers, Deputy 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 6:00 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tem Kenneth Dugger
Councilmember Curry Vogelsang, Jr.
Councilmember Michael Korbuly
Councilmember Mike Davis
Councilmember Jason Dixon (arrived at 6:11 p.m.)
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Terrence Welch, Town Attorney
Hulon T. Webb, Jr., Executive Director of Development and Community Services
Frank Jaromin, Public Works Director
John Webb, Director of Development Services
Alex Glushko, Senior Planner
Dan Heischman, Senior Engineer
Matt Richardson, Senior Engineer
Will Mitchell, Parks & Recreation Manager
Paul Naughton, Landscape Architect
Kent Austin, Finance Director
January Cook, Purchasing Agent
Baby Raley, Human Resources Director
Doug Kowalski, Police Chief
Gary McHone, Assistant Police Chief
Officer Paul Norris
Ronnie Tucker, Fire Chief
Stuart Blasingame, Assistant Fire Chief
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor John Fowler of the First Presbyterian Church of Prosper led the invocation.
The Pledge of Allegiance and the Pledge to the Texas Flag were recited.
3. Announcements of upcoming events.
Mayor Pro-Tem Miller made the following announcements:
MINUTES
Regular Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, January 13, 2015
Page 2 of 8
Prosper residents are invited to join the 100-Mile Centennial Challenge, sponsored by
the Parks & Recreation Department. The challenge takes place from now until April
1, 2015. Everyone who signs up and completes 100 miles of walking, jogging,
running, biking, or other physical activity will receive a limited edition Centennial T-
shirt. More information is available at www.prosperparksandrec.org
Reconstruction of Seventh Street from Coleman Street to the Prosper ISD
Administration building is underway. The street will undergo a complete
reconstruction over the next five months, including repavement from asphalt to
concrete, and the replacement of a waterline. During reconstruction, traffic will flow
one way in an eastward direction. The Town will provide temporary mailboxes to
residences affected by the project. For more information, please contact the Public
Works Department.
The Town Council is proud to announce that property crimes and violent crimes in the
Town of Prosper dropped by an average of five percent in 2014. Thanks to the
efforts of the Prosper Police Department, and community policing programs such as
National Night Out, the Community Safety Initiative, social media interaction, and
other activities, Prosper can proudly claim to be one of the safest communities in
North Texas.
4. Presentations.
• Recognition of the Prosper Christmas Festival Committee and volunteers.
(HW)
Mayor Smith recognized members of the Prosper Christmas Festival Committee
and presented them with plaques of appreciation.
• Presentation of a Blue Star Flag to the family of a Prosper service member
currently deployed by the U.S. Armed Forces. (RB)
Mayor Smith and Joey Womble of the Prosper Rotary Club presented a Blue Star
Flag to Gary and Elizabeth Williams on behalf of their daughter, Master Sergeant
Erin Hubbard of the United States Air Force Reserve, who is also a Town of
Prosper Police Officer.
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.)
Councilmember Davis removed Item 5j from the Consent Agenda.
Councilmember Vogelsang removed Item 5e from the Consent Agenda.
5a. Consider and act upon minutes from the following Town Council
meetings. (RB)
• Regular Meeting – December 9, 2014
5b. Receive the November 2014 financial report. (KA)
Page 3 of 8
5c. Consider and act upon approving an Interlocal Agreement between the
City of Frisco and the Town of Prosper relating to the use of the Frisco
and Prosper radio communications system; and authorizing the Town
Manager to execute same. (SB)
5d. Consider and act upon Resolution No. 15-01 expressing official intent to
reimburse costs of Town capital improvement program projects that
may be funded with proceeds of bonds or other obligations, if those
costs are paid prior to the issuance of such bonds or other obligations.
(KA)
5f. Consider and act upon authorizing the Town Manager to execute a
Software Maintenance and Hosting Agreement between CRW Systems,
Inc., and the Town of Prosper, Texas, related to continued hosting,
maintenance, and support services for TRAKiT Land Management
software. (HW)
5g. Consider and act upon authorizing the Town Manager to execute an
Annexation Agreement between G&R STX Investments, LLC, and the
Town of Prosper, Texas. (AG)
5h. Consider and act upon authorizing the Town Manager to execute an
Annexation Agreement between RH-TWO, LP, and the Town of Prosper,
Texas. (AG)
5i. Consider and act upon Ordinance No. 15-02 for a Specific Use Permit
(SUP) for a Private or Parochial School, on 7.1± acres, located on the
southwest corner of First Street and Coit Road. The property is zoned
Planned Development-6 (PD-6). (S14-0005). (JW)
5k. 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. (AG)
Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Korbuly
seconded the motion to approve Items 5a, 5b, 5c, 5d, 5f, 5g, 5h, 5i, and 5k.
The motion was approved by a vote of 7-0.
5e. Consider and act upon approving the purchase and installation of a
radio system upgrade through various suppliers; a Communications
Products Agreement with Motorola Solutions, Inc.; and authorizing the
Town Manager to execute same. (SB)
Assistant Fire Chief Blasingame responded to questions from the Council
regarding the life expectancy of the equipment, and its versatility if and when
the system will need to be expanded. After discussion, Councilmember
Vogelsang made a motion and Deputy Mayor Pro-Tem Dugger seconded the
motion to approve the purchase and installation of a radio system upgrade
through various suppliers; a Communications Products Agreement with
Motorola Solutions, Inc.; and authorizing the Town Manager to execute same.
The motion was approved by a vote of 7-0.
Page 4 of 8
5j. Consider and act upon Resolution No. 15-03 denying a request for a
Specific Use Permit (SUP) for a Commercial Antenna, on 5.4± acres,
located on the east side of Prosper Commons Boulevard, 300± feet
south of Richland Boulevard, and authorizing the Mayor to execute
same. (JW)
Councilmember Vogelsang made a motion and Deputy Mayor Pro-Tem
Dugger seconded the motion to approve Resolution No. 15-03 denying a
request for a Specific Use Permit (SUP) for a Commercial Antenna, on 5.4±
acres, located on the east side of Prosper Commons Boulevard, 300± feet
south of Richland Boulevard, and authorizing the Mayor to execute same.
The motion was approved by a vote of 6-1, with Councilmember Davis casting
the opposing vote.
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 -
There were no Citizen Comments.
REGULAR AGENDA:
(If you wish to address the Council during the regular agenda portion of the
meeting, please fill out a “Public Meeting Appearance Card” and present it to
the Town Secretary prior to the meeting. Citizens wishing to address the
Council for items listed as public hearings will be recognized by the Mayor.
Those wishing to speak on a non-public hearing related item will be recognized
on a case-by-case basis, at the discretion of the Mayor and Town Council.)
PUBLIC HEARINGS:
7. Conduct a Public Hearing, and consider and act upon a request to rezone 9.4±
acres, located 500± feet north of Prosper Trail, 3,000± feet west of Dallas
Parkway, from Agricultural (A) to Planned Development-Single Family-12.5 (PD-
SF-12.5). (Z14-0016). (JW)
John Webb, Director of Development Services, presented this item before the Town
Council. The Planning & Zoning Commission recommended approval of the item;
however, Town staff recommended denial since it does not conform to the Future
Land Use Plan.
Mayor Smith opened the Public Hearing.
Rob Baldwin addressed the Council on behalf of the applicant. He explained that
although the development does not meet the density requirements, he asked Council
to consider following the Planning & Zoning Commission’s recommendations, due to
the limitations of the property caused by the adjacent floodplain and the surrounding
Page 5 of 8
street plan. The applicant has reclaimed some of the floodplain in order to increase
the size of some of the lots.
With no one else speaking, Mayor Smith closed the Public Hearing.
Mr. Webb responded to Council’s questions regarding density and proposed dwelling
size for the development. Currently, the developer is proposing 18 lots. In order to
meet the 1.6 dwelling units per acre requirement, the developer would need to
decrease the number of lots to 15.
After discussion, Councilmember Vogelsang made a motion and Deputy Mayor Pro-
Tem seconded the motion to table Item 7 until the February 10, 2015, Town Council
meeting. The motion was approved by a vote of 7-0.
8. Conduct a Public Hearing, and consider and act upon a request to rezone 56.5±
acres, located on the west side of Teel Parkway, 300± feet south of Fishtrap
Road, to amend Planned Development-40 (PD-40), Exhibit C, Section 3., c., c.
(Townhouse Uses), and d. (Residential Development Standards). (Z14-0017).
(JW)
John Webb, Director of Development Services, presented this item before the Town
Council. The primary purpose of the request is to amend the development standards
to accommodate a specific townhome product. The townhomes will be on individually
platted lots for ownership and will predominantly be one and two story products which
will require a larger lot and reduced side yard setbacks adjacent to an alley. The
garages for all units will be alley-served. In many instances, the development
standards have increased and the overall density was reduced. The product will be
more “suburban” in nature compared to “urban-style” townhomes that are on narrow
lots.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
Mr. Webb responded to questions from Council related to parking, alleys, and street
width, all of which meet the Town’s development standards.
David Blom, representing the developer, responded to questions from the Council
related to the target market for the Townhomes and the price point. The developer
anticipates the majority of residents to be empty-nesters, retirees, and single parents.
There will be no age restriction on the Townhomes. The price point is expected to be
$270,000-$300,000.
After discussion, Mayor Pro-Tem Miller made a motion and Councilmember Korbuly
seconded the motion to approve a request to rezone 56.5± acres, located on the west
side of Teel Parkway, 300± feet south of Fishtrap Road, to amend Planned
Development-40 (PD-40), Exhibit C, Section 3., c., c. (Townhouse Uses), and d.
(Residential Development Standards), subject to the inclusion of the revised Exhibit F
included in the Council Packet. The motion was approved by a vote of 7-0.
Page 6 of 8
DEPARTMENT ITEMS:
9. Consider and act upon an ordinance amending Chapters 5, 6, and 7 of the
Town of Prosper Personnel Policies and Procedures Manual relative to
maximum vacation accrual, on-call pay, and employee conduct. (HJ)
Town Manager Harlan Jefferson presented this item before the Town Council. The
proposed changes to the Personnel Policies include significant changes to Chapter
7, specifically related to employee conduct and disciplinary procedures. Other
proposed changes are related to increasing the maximum number of vacation hours
employees may accrue, and modifications to the on-call policy. Additional changes
will be proposed by the employee committee on personnel policies later in 2015.
After discussion, Councilmember Korbuly made a motion and Deputy Mayor Pro-
Tem Dugger seconded the motion to approve Ordinance No. 15-04 amending
Chapters 5, 6, and 7 of the Town of Prosper Personnel Policies and Procedures
Manual relative to maximum vacation accrual, on-call pay, and employee conduct.
The motion was approved by a vote of 7-0.
10. Consider and act upon an ordinance amending the FY 2013-2014 and FY 2014-
2015 budgets. (KA)
Finance Director Kent Austin presented this item before the Town Council. The
proposed budget amendment would roll forward encumbrances from the FY 2013-
2014 budget to the current year budget, amend the Fire Department budget to repair
the Fire Station roof, amend the Special Revenue Fund for the Christmas Festival,
amend the Thoroughfare Impact Fee Fund for SH 289 medians, and amend the
Capital Projects Fund to complete funding for the purchase of the Patin property.
After discussion, Councilmember Vogelsang made a motion and Deputy Mayor Pro-
Tem Dugger seconded the motion to approve Ordinance No. 15-05 amending the FY
2013-2014 and FY 2014-2015 budgets. The motion was approved by a vote of 7-0.
11. Consider and act upon approval of the FY 2014-2015 Vehicle and Equipment
Replacement Fund list. (KA)
Finance Director Kent Austin presented this item before the Town Council. Frank
Jaromin, Director of Public Works, responded to questions from the Council about
some vehicles scheduled to be replaced. The purchase of the actual vehicles will be
presented to the Council for approval at future meetings. Town Manager Harlan
Jefferson proposed that the Town Council consider forming a Council subcommittee
for Technology.
After discussion, Deputy Mayor Pro-Tem Dugger made a motion and Mayor Pro-Tem
Miller seconded the motion to approve the FY 2014-2015 Vehicle and Equipment
Replacement Fund list. The motion was approved by a vote of 7-0.
12. Consider and act upon approving the purchase of roof repair services for the
Central Fire Station from D&G Quality Roofing, Inc., through The Interlocal
Purchasing System (TIPS/TAPS). (SB)
Assistant Fire Chief Stuart Blasingame presented this item before the Town Council.
The Town requested proposals from companies that offer roof repair services through
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a cooperative contract. D&G Quality Roofing, Inc., submitted the lowest proposal.
After discussion, Mayor Pro-Tem Miller made a motion and Councilmember Davis
seconded the motion to approve the purchase of roof repair services for the Central
Fire Station from D&G Quality Roofing, Inc., through The Interlocal Purchasing
System (TIPS/TAPS). The motion was approved by a vote of 7-0.
13. Discussion on implementing the Stormwater Management Program require-
ment to meet conditions of the TCEQ General Permit to discharge under the
Texas Pollutant Discharge Elimination System. (DH)
Dan Heischman, Senior Engineer, presented this item before the Town Council. Mr.
Heischman reviewed the components of the program, and the requirements of the
TCEQ. He reviewed the timeline of implementation of the program. No action was
taken on this item.
14. Consider and act upon authorizing the Town Manager to execute a
Development Agreement between M/I Homes of DFW, LLC, and the Town of
Prosper, Texas, related to the extension of water lines to serve the Preserve at
Doe Creek development. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented
this item before the Town Council. Staff requested to table this Item until the
February 10, 2015, Town Council meeting in order to coordinate it with another
agreement. Deputy Mayor Pro-Tem Dugger made a motion and Councilmember
Korbuly seconded the motion to table the item to the February 10, 2015, Town
Council meeting. The motion was approved by a vote of 7-0.
15. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
15a. Section 551.087 – To discuss and consider economic development
incentives.
15b. Section 551.072 – To discuss and consider purchase, exchange, lease or
value of real property for municipal purposes and all matters incident
and related thereto.
15c. Section 551.071 - Consultation with the Town Attorney regarding
Specific Use Permits and permitted land uses for commercial zoning
districts, and consideration of temporary certificates of occupancy and
agreements regarding same.
15d. Section 551.074 – To discuss and review the Town Manager’s
performance evaluation.
The Town council recessed into Executive Session at 7:36 p.m.
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16. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 9:45 p.m. Deputy Mayor Pro-
Tem Dugger made a motion and Councilmember Davis seconded the motion to
approve an agreement with Advantage Storage. The motion was approved by a vote
of 7-0.
17. Possibly direct Town staff to schedule topic(s) for discussion at a future
meeting.
• Priority List of Shovel Ready Projects. (HW)
Hulon Webb, Executive Director of Development and Community Services,
reviewed the list of projects, and provided feedback on priority projects.
• Radar Speed Limit Policy. (MR)
Senior Engineer Matt Richardson reviewed the policy, which includes speed and
volume requirements, location requirements, deployment options and evaluation
procedures.
Councilmember Korbuly announced that the local sports leagues will be
proposing traffic control policies to improve traffic flow at Frontier Park during
games, and requested that Town staff look into providing traffic control services,
and contact Prosper ISD about options for additional parking.
18. Adjourn.
The meeting was adjourned at 10:10 p.m.
These minutes approved on the 27th day of January, 2015.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Page 1 of 1
To: Mayor and Town Council
From: Robyn Battle, Town Secretary
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – January 27, 2015
Agenda Item:
Consider and act upon a resolution approving the exclusion of land from the boundaries of Prosper
Management District No. 1.
Description of Agenda Item:
The Prosper Management District (PMD) No. 1 was created in 2009 for the purpose of imposing
taxes and issuing bonds to help facilitate development of commercial land along US 380 was
purchased by TVG Texas I, LLC.
The District currently contains an area of approximately 517.3 acres of land on the west side of the
Town. On January 16, 2015, TVG T exas I, LLC, submitted a petition to the Town requesting the
exclusion of land from the Prosper Management District No. 1. Under the terms of PMD No. 1,
land may not be excluded from the boundaries of the district without the Town’s consent.
The proposed resolution would exclude approximately 302.7 acres from the boundaries of the
District at the request of the landowners. Tract 1, containing approximately 46.6 acres, will be
excluded for the development of the Kroger grocery store and other commercial pad sites. Tract 2,
containing approximately 256.1 acres, will be excluded for single-family, townhome, and multi-
family residential development. The request is consistent with the original purpose of the District,
which is to help facilitate the development of commercial land along US 380.
Attached Documents:
1. Petition for Consent to Exclusion of Land from PMD No. 1
2. PMD Management Committee Resolutions
3. Resolution
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed and approved the attached resolution
as to form and legality.
Town Staff Recommendation:
Town staff recommends the Town Council adopt a resolution approving the exclusion of land from
the boundaries of Prosper Management District No. 1.
Proposed Motion:
I make a motion to adopt a resolution approving the exclusion of land from the boundaries of
Prosper Management District No. 1.
Prosper is a place where everyone matters.
TOWN SECRETARY’S
OFFICE
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EXHIBIT “B”
TRACT A
Property Description
Being all that certain 46.557 acre tract of land situated in the J. Saling Survey, Abstract Number
1675, and being a portion of that certain tract of land conveyed to TVG Texas I, LLC according
to the deed recorded under County Clerk Document Number 2012-59927, Official Public
Records, Denton County, Texas, and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod with plastic yellow cap stamped "Spiarseng" found for the
most southerly Southeast corner of said TVG Texas tract, same being the South end of a corner
clip at the Northwest intersection of the North right-of-way line of US Highway 380 (variable
width right-of-way) and the West right-of-way line of Windsong Parkway South (Document
Number 2014-248) (variable width right-of-way);
THENCE along the South line of said TVG Texas tract and the North right-of-way line of said
US Highway 380 as follows:
South 88 deg. 34 min. 34 sec. West, a distance of 2054.75 feet to a TXDOT Monument found for
angle point;
South 89 deg. 05 min. 46 sec. West, a distance of 101.04 feet to a TXDOT Monument found for
angle point;
South 89 deg. 17 min. 50 sec. West, a distance of 21.84 feet to a 1/2 inch iron rod set with
"Peiser & Mankin SURV" red plastic cap (hereinafter referred to as 1/2 inch iron rod set) for the
South end of a corner clip of said US Highway 380;
North 46 deg. 37 min. 51 sec. West, a distance of 111.24 feet to a PK nail found for the North
end of said corner clip, same being in the approximate centerline of Gee Road (variable width
right-of-way);
THENCE North 00 deg. 06 min. 39 sec. West, through the interior of said TVG Texas tract and
along the approximate centerline of said Gee Road, passing at a distance of 350.53 feet, a PK
nail found in the approximate centerline of said Gee Road, same being the Southeast corner of
Lot 3, Block A, Westfork Crossing Addition, an addition to the Town of Prosper, Denton
County, Texas, according to the plat thereof recorded under County Clerk Document Number
2010-215, aforesaid Official Public Records, continuing along the approximate centerline of said
Gee Road and the East line of said Lot 3, a total distance of 879.47 feet to a PK nail found for the
Northwest corner of the herein described tract, same being in the approximate centerline of said
Gee Road;
THENCE through the interior of said TVG Texas tract as follows:
North 89 deg. 50 min. 53 sec. East, a distance of 60.00 feet to a 1/2 inch iron rod set;
Item 4b
North 88 deg. 40 min. 10 sec. East, a distance of 168.65 feet to a 1/2 inch iron rod with plastic
yellow cap stamped "Spiarseng" found for angle point;
South 76 deg. 05 min. 37 sec. East, a distance of 114.09 feet to a 1/2 inch iron rod set;
South 62 deg. 52 min. 46 sec. East, a distance of 248.99 feet to a 1/2 inch iron rod set;
North 88 deg. 34 min. 34 sec. East, a distance of 685.75 feet to a 1/2 inch iron rod set;
North 76 deg. 03 min. 31 sec. East, a distance of 74.60 feet to a 1/2 inch iron rod set;
South 83 deg. 20 min. 45 sec. East, a distance of 109.69 feet to a 1/2 inch iron rod set;
North 39 deg. 51 min. 50 sec. East, a distance of 86.56 feet to a 1/2 inch iron rod with plastic
yellow cap stamped "Spiarseng" found for angle point;
North 72 deg. 47 min. 00 sec. East, a distance of 151.17 feet to a 1/2 inch iron rod set;
North 73 deg. 50 min. 45 sec. East, a distance of 132.35 feet to a 1/2 inch iron rod with plastic
yellow cap stamped "Spiarseng" found for angle point;
South 84 deg. 05 min. 32 sec. East, a distance of 101.58 feet to a 1/2 inch iron rod set;
North 81 deg. 05 min. 17 sec. East, a distance of 97.62 feet to a 1/2 inch iron rod set;
North 57 deg. 35 min. 24 sec. East, a distance of 144.66 feet to a 1/2 inch iron rod with plastic
yellow cap stamped "Spiarseng" found for angle point;
North 82 deg. 34 min. 18 sec. East, a distance of 78.09 feet to a 1/2 inch iron rod set;
North 69 deg. 27 min. 06 sec. East, a distance of 92.54 feet to a 1/2 inch iron rod with plastic
yellow cap stamped "Spiarseng" found for angle point;
North 52 deg. 39 min. 12 sec. East, a distance of 48.91 feet to a 1/2 inch iron rod set for the
Northeast corner of the herein described tract, same being in the East line of said TVG Texas
tract, same being in the West right-of-way line of aforesaid Windsong Parkway South, same
being the beginning of a non-tangent curve to the right having a radius of 203.50 feet and a delta
angle of 11 deg. 53 min. 50 sec.;
THENCE along the East line of said TVG Texas tract and the West right-of-way line of said
Windsong Parkway South as follows:
In a Southwesterly direction and along said non-tangent curve to the right, an arc length of 42.26
feet and a chord bearing and distance of South 00 deg. 17 min. 14 sec. West, 42.18 feet to a 1/2
inch iron rod set for the beginning of a curve to the left having a radius of 226.50 feet and a delta
angle of 10 deg. 21 min. 17 sec.;
Item 4b
Along said curve to the left, an arc distance of 40.93 feet and a chord bearing and distance of
South 01 deg. 03 min. 30 sec. West, 40.88 feet to a 1/2 inch iron rod set for the beginning of a
curve to the right having a radius of 566.00 feet and a delta angle of 15 deg. 22 min. 07 sec.;
Along said curve to the right, an arc distance of 151.82 feet and a chord bearing and distance of
South 03 deg. 33 min. 54 sec. West, 151.36 feet to a 1/2 inch iron rod set for the beginning of a
curve to the left, having a radius of 842.00 feet and a delta angle of 25 deg. 56 min. 28 sec.;
Along said curve to the left, an arc distance of 381.22 feet and a chord bearing and distance of
South 01 deg. 43 min. 16 sec. East, 377.98 feet to a 1/2 inch iron rod set for the beginning of a
curve to the right, having a radius of 1005.00 feet and a delta angle of 13 deg. 35 min. 06 sec.;
Along said curve to the right, an arc length of 238.29 feet and a chord bearing and distance of
South 07 deg. 53 min. 58 sec. East, 237.73 feet to a 1/2 inch iron rod set for the beginning of a
curve to the right, having a radius of 188.50 feet and a delta angle of 14 deg. 18 min. 56 sec.;
Along said curve to the right, an arc distance of 47.10 feet and a chord bearing and distance of
South 06 deg. 03 min. 03 sec. West, 46.97 feet to a 1/2 inch iron rod set;
South 13 deg. 12 min. 30 sec. West, a distance of 44.61 feet to a 1/2 inch iron rod set for the
beginning of a curve to the left, having a radius of 291.50 feet and a delta angle of 10 deg. 22
min. 32 sec.;
Along said curve to the left, an arc distance of 52.79 feet and a chord bearing and distance of
South 08 deg. 01 min. 14 sec. West, 52.72 feet to a 1/2 inch iron rod set for the beginning of a
curve to the left, having a radius of 1111.50 feet and a delta angle of 03 deg. 43 min. 22 sec.;
Along said curve to the left, an arc distance of 72.22 feet and a chord bearing and distance of
South 00 deg. 58 min. 17 sec. West, 72.21 feet to a 1/2 inch iron rod set for the North end of
aforesaid corner clip at the Northwest intersection of the West right-of-way line of said
Windsong Parkway South and the North right-of-way line of said US Highway 380;
THENCE South 43 deg. 56 min. 23 sec. West, along said corner clip, a distance of 40.08 feet to
the POINT OF BEGINNING and containing a gross area of 2,028,030 square feet or 46.557
acres and a net area of 1,939,571 square feet or 44.526 acres of computed land, more or less.
Item 4b
TRACT 2
METES AND BOUNDS DESCRIPTION
TVG Texas I, LLC
BEING a tract of land situated in the J. Saling Survey, Abstract No. 1675, the H.P. Saling
Survey Abstract No. 1628, the M.E.P. & P.R.R. Survey, Abstract No. 1476 and the J. Bates
Survey, Abstract No. 1620, in the Town of Prosper, Denton County, Texas, the subject
tract being a portion of a tract conveyed to TVG Texas I, LLC, recorded in Document
Number 2012-59927 of the Official Public Records, Denton County, Texas (OPRDCT), and
being all of the right-of-way conveyed to the Town, recorded in Document Number
2013-147012, the subject tract being more particularly described as follows:
BEGINNING at a 1/2" iron rod set on the north line of U.S. Highway 380 (a variable width
public right-of-way) and on the south line of said TVG Texas I tract;
THENCE, S 88°54'52.10" W, a distance of 180.076 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 43°56'22.98" E, a distance of 40.080 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE around a non-tangent curve to the right having a central angle of 3°43'22.44", a
radius of 1111.500 feet,, a chord of N 00°58'17.11" E - 72.209 feet,, an arc length of
72.221 feet,;
THENCE around a compound curve to the right having a central angle of 10°22'32.16", a
radius of 291.500 feet, a chord of N 08°01'14.37" E - 52.715 feet, an arc length of 52.787
feet,
THENCE, N 13°12'30.44" E, a distance of 44.607 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE around a tangent curve to the left having a central angle of 14°18'55.80", a
radius of 188.500 feet, a chord of N 06°03'02.98" E - 46.975 feet, an arc length of 47.097
feet,
THENCE around a compound curve to the left having a central angle of 13°35'05.64", a
radius of 1005.000 feet, a chord of N 07°53'57.73" W - 237.730 feet, an arc length of
238.287 feet,
THENCE around a reverse curve to the right having a central angle of 25°56'28.32", a
radius of 842.000 feet, a chord of N 01°43'16.40" W - 377.976 feet, an arc length of
381.224 feet,
Item 4b
THENCE around a reverse curve to the left having a central angle of 15°22'06.60", a
radius of 566.000 feet, a chord of N 03°33'54.47" E - 151.364 feet, an arc length of
151.819 feet,
THENCE around a reverse curve to the right having a central angle of 10°21'17.28", a
radius of 226.500 feet, a chord of N 01°03'29.75" E - 40.879 feet, an arc length of 40.934
feet,
THENCE around a reverse curve to the left having a central angle of 11°53'49.56", a
radius of 203.500 feet, a chord of N 00°17'13.61" E - 42.180 feet, an arc length of 42.255
feet,
THENCE, S 52°39'11.53" W, a distance of 48.906 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 69°27'05.74" W, a distance of 92.536 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 82°34'17.56" W, a distance of 78.089 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 57°35'23.85" W, a distance of 144.661 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 81°05'16.72" W, a distance of 97.624 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 84°05'32.12" W, a distance of 101.580 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 73°50'45.23" W, a distance of 132.354 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 72°47'00.19" W, a distance of 151.172 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 39°51'49.98" W, a distance of 86.556 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 83°20'44.51" W, a distance of 109.693 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
Item 4b
THENCE, S 76°03'30.76" W, a distance of 74.601 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 88°34'34.00" W, a distance of 685.750 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 62°52'45.79" W, a distance of 248.990 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 76°05'36.69" W, a distance of 114.087 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 88°40'10.15" W, a distance of 168.650 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 89°53'20.53" W, a distance of 60.000 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 00°07'26.58" W, a distance of 236.498 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 89°33'35.00" W, a distance of 1095.610 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 12°40'06.69" E, a distance of 2102.766 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 90°00'00.00" E, a distance of 609.984 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 63°56'42.75" E, a distance of 29.873 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 00°01'02.00" W, a distance of 695.484 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 86°17'44.18" E, a distance of 1038.336 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 85°26'58.08" E, a distance of 140.803 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
Item 4b
THENCE around a tangent curve to the left having a central angle of 5°29'07.80", a
radius of 3000.000 feet, a chord of S 88°11'32.05" E - 287.112 feet, an arc length of
287.222 feet,
THENCE, N 89°05'01.82" E, a distance of 864.603 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 89°03'41.69" E, a distance of 1776.937 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 89°03'16.82" E, a distance of 1883.358 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 00°00'30.77" E, a distance of 2326.854 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 89°11'26.00" W, a distance of 21.200 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 00°00'27.00" W, a distance of 503.288 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 66°44'07.97" W, a distance of 10.269 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 21°00'56.66" W, a distance of 17.745 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 26°27'17.31" W, a distance of 12.200 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 32°45'10.42" W, a distance of 23.111 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 30°59'08.85" W, a distance of 20.667 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 37°11'09.70" W, a distance of 22.221 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 60°28'08.66" W, a distance of 22.379 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
Item 4b
THENCE, S 69°59'11.08" W, a distance of 88.694 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 80°38'57.07" W, a distance of 12.360 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 66°22'16.25" W, a distance of 65.208 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 61°03'12.60" W, a distance of 47.417 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 83°53'06.95" W, a distance of 15.579 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 83°39'54.79" W, a distance of 22.365 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 44°27'28.27" W, a distance of 17.632 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 19°20'20.26" W, a distance of 52.977 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 38°10'53.39" W, a distance of 17.580 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 57°56'24.83" W, a distance of 39.051 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 74°26'47.60" W, a distance of 35.892 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 73°55'41.57" W, a distance of 120.737 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 82°33'32.37" W, a distance of 38.109 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 88°19'59.19" W, a distance of 25.450 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 85°30'14.95" W, a distance of 35.606 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
Item 4b
THENCE, N 81°41'48.49" W, a distance of 22.214 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 89°30'08.22" W, a distance of 28.404 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 75°32'30.68" W, a distance of 23.721 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 86°51'58.72" W, a distance of 36.114 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 87°03'21.90" W, a distance of 33.634 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 83°51'46.96" W, a distance of 36.905 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 72°58'51.84" W, a distance of 44.685 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 82°22'56.57" W, a distance of 31.646 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 72°40'06.27" W, a distance of 57.370 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 88°59'12.62" W, a distance of 27.914 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 71°41'54.62" W, a distance of 37.721 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 68°17'58.13" W, a distance of 31.367 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 63°27'17.60" W, a distance of 20.983 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 80°08'56.37" W, a distance of 42.045 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
Item 4b
THENCE, S 86°28'14.93" W, a distance of 20.044 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 85°30'06.34" W, a distance of 31.464 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 81°15'40.62" W, a distance of 35.733 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 77°21'00.17" W, a distance of 34.932 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 73°15'13.85" W, a distance of 25.188 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 69°01'43.83" W, a distance of 122.730 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 88°23'24.10" W, a distance of 45.133 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 84°15'12.89" W, a distance of 34.504 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 68°35'30.26" W, a distance of 20.958 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 89°39'03.32" W, a distance of 40.506 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 77°54'55.53" W, a distance of 10.608 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 60°57'59.55" W, a distance of 17.796 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 33°33'12.53" W, a distance of 24.577 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 31°21'52.46" W, a distance of 38.437 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 48°21'08.41" W, a distance of 32.920 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
Item 4b
THENCE, S 63°27'17.01" W, a distance of 17.117 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 76°17'21.14" W, a distance of 21.864 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 77°22'13.32" W, a distance of 68.845 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 84°32'06.94" W, a distance of 57.264 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 89°33'58.97" W, a distance of 32.603 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 89°16'28.66" W, a distance of 113.261 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 76°14'53.77" W, a distance of 113.151 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 84°14'51.90" W, a distance of 66.712 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 89°46'50.50" W, a distance of 64.463 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 85°07'33.20" W, a distance of 20.743 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 71°27'44.61" W, a distance of 38.033 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 65°46'30.77" W, a distance of 40.896 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 61°22'55.47" W, a distance of 39.671 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 53°54'58.28" W, a distance of 25.977 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
Item 4b
THENCE, N 38°29'18.99" W, a distance of 25.136 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 27°16'32.47" W, a distance of 18.324 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 08°55'21.42" W, a distance of 38.218 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 51°21'52.22" W, a distance of 20.552 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 65°08'41.43" W, a distance of 29.942 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 61°58'33.60" W, a distance of 42.398 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 39°49'48.46" W, a distance of 44.344 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 75°48'26.01" W, a distance of 34.256 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 01°23'47.28" W, a distance of 11.814 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 86°09'08.98" W, a distance of 30.777 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 67°36'53.74" W, a distance of 70.472 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 28°51'32.77" W, a distance of 81.027 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 70°02'51.36" W, a distance of 125.093 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, N 42°38'02.61" W, a distance of 20.943 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 77°36'20.00" W, a distance of 203.712 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
Item 4b
THENCE, N 00°00'00.00" E, a distance of 444.636 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE, S 66°42'00.51" W, a distance of 218.526 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE around a non-tangent curve to the right having a central angle of 17°27'17.64",
a radius of 1530.000 feet,, a chord of S 76°28'38.20" W - 464.307 feet,, an arc length of
466.108 feet,;
THENCE around a non-tangent curve to the left having a central angle of 17°41'39.12", a
radius of 670.000 feet,, a chord of S 76°21'32.80" W - 206.090 feet,, an arc length of
206.911 feet,;
THENCE, S 67°30'43.19" W, a distance of 67.541 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE around a non-tangent curve to the left having a central angle of 1°48'21.24", a
radius of 1320.000 feet,, a chord of S 20°19'46.74" E - 41.603 feet,, an arc length of
41.605 feet,;
THENCE, S 21°13'57.35" E, a distance of 431.588 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE around a tangent curve to the right having a central angle of 6°23'13.92", a
radius of 641.000 feet, a chord of S 18°02'20.44" E - 71.420 feet, an arc length of 71.457
feet,
THENCE around a reverse curve to the left having a central angle of 10°42'49.32", a
radius of 203.500 feet, a chord of S 20°12'08.14" E - 37.997 feet, an arc length of 38.052
feet,
THENCE around a reverse curve to the right having a central angle of 21°26'24.00", a
radius of 226.500 feet, a chord of S 14°50'20.81" E - 84.262 feet, an arc length of 84.756
feet,
THENCE around a compound curve to the right having a central angle of 15°22'06.60", a
radius of 656.000 feet, a chord of S 03°33'54.47" W - 175.433 feet, an arc length of
175.960 feet,
THENCE around a reverse curve to the left having a central angle of 6°25'58.08", a radius
of 752.000 feet, a chord of S 08°01'58.70" W - 84.386 feet, an arc length of 84.430 feet,
Item 4b
THENCE, S 00°15'35.40" E, a distance of 133.079 feet, to a 1/2" iron rod with a plastic
cap stamped "SPIARSENG" set;
THENCE around a non-tangent curve to the left having a central angle of 9°21'20.16", a
radius of 752.000 feet,, a chord of S 10°00'50.49" E - 122.655 feet,, an arc length of
122.791 feet,;
THENCE around a reverse curve to the right having a central angle of 13°52'30.00", a
radius of 1095.000 feet, a chord of S 07°45'15.71" E - 264.522 feet, an arc length of
265.169 feet,
THENCE, S 00°49'01.71" E, a distance of 0.000 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE around a tangent curve to the left having a central angle of 8°35'36.60", a
radius of 188.500 feet, a chord of S 05°06'49.36" E - 28.246 feet, an arc length of 28.272
feet,
THENCE around a reverse curve to the right having a central angle of 12°26'39.48", a
radius of 211.500 feet, a chord of S 03°11'17.95" E - 45.846 feet, an arc length of 45.937
feet,
THENCE around a compound curve to the right having a central angle of 1°49'28.56", a
radius of 1101.500 feet, a chord of S 03°56'46.13" W - 35.077 feet, an arc length of
35.078 feet,
THENCE around a reverse curve to the left having a central angle of 5°08'34.08", a radius
of 998.500 feet, a chord of S 02°17'13.36" W - 89.595 feet, an arc length of 89.625 feet,
THENCE, S 46°03'17.56" E, a distance of 54.635 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
to the POINT OF BEGINNING with the subject tract containing 18022931.52 square feet
or 413.7496 acres of land.
SAVE AND EXCEPT the following six tracts:
Windsong Ranch Phase 1A
BEING a tract of land situated in the L. Saling Survey, Abstract No. 1675, the H.P. Saling
Survey, Abstract No. 1628, the M.E.P. & P.R.R. Survey, Abstract No. 1476, and the J.
Bates Survey, Abstract No. 1620, in the Town of Prosper, Denton County, Texas, the
subject tract being a portion of a tract of land conveyed to TVG Texas I, LLC, recorded in
Item 4b
Document Number 2012-59927 of the Official Public Records, Denton County, Texas
(OPRDCT), the subject tract being more particularly described as follows;
BEGINNING at a 1/2" iron rod set on the north line of U.S. Highway 380 (a variable width
public right-of-way) and on the south line of said TVG Texas I tract;
THENCE departing said right-of-way, the following:
N 43°56'23" E, 40.01 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a non-tangent curve to the right having a central angle of 3°43'22", a radius of
1111.50 feet, a chord of N 00°58'17" E - 72.21 feet, an arc length of 72.22 feet to a 1/2"
iron rod with plastic cap stamped "SPIARSENG" set;
Around a compound curve to the right having a central angle of 10°22'32", a radius of
291.50 feet, a chord of S 08°01'14" W - 52.72 feet, an arc length of 52.79 feet to a 1/2"
iron rod with plastic cap stamped "SPIARSENG" set;
N 13°12'30" E, 44.61 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a tangent curve to the left having a central angle of 14°18'56", a radius of
188.50 feet, a chord of N 06°03'03" E - 46.97 feet, an arc length of 47.10 feet to a 1/2"
iron rod with plastic cap stamped "SPIARSENG" set;
Around a compound curve to the left having a central angle of 13°35'06", a radius of
1005.00 feet, a chord of N 07°53'58" W - 237.73 feet, an arc length of 238.29 feet to a
1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 25°56'28", a radius of 842.00 feet, a
chord of N 01°43'16" W - 377.98 feet, an arc length of 381.22 feet to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 15°22'07", a radius of 566.00 feet, a
chord of N 03°33'54" E - 151.36 feet, an arc length of 151.82 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 10°21'17", a radius of 226.50 feet, a
chord of N 01°03'30" E - 40.88 feet, an arc length of 40.93 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 22°10'09", a radius of 203.50 feet, a
chord of N 04°50'56" W - 78.25 feet, an arc length of 78.74 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
Item 4b
Around a compound curve to the left having a central angle of 05°17'57", a radius of
581.00 feet, a chord of N 18°34'59" W - 53.72 feet, an arc length of 53.74 feet to a 1/2"
iron rod with plastic cap stamped "SPIARSENG" set;
N 21°13'57" W, 431.59 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
Around a tangent curve to the right having a central angle of 00°52'08", a radius of
1380.00 feet, a chord of N 20°47'54" W - 20.92 feet, an arc length of 20.92 feet to a 1/2"
iron rod with plastic cap stamped "SPIARSENG" set;
N 68°43'48" W, 19.81 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a non-tangent curve to the left having a central angle of 09°33'08", a radius of
1280.00 feet, a chord of S 57°28'50" W - 213.15 feet, an arc length of 213.40 feet to a
1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 37°17'44" W, a distance of 173.44 feet , to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
Around a non-tangent curve to the right having a central angle of 06°34'42", a radius of
190.00 feet, a chord of N 57°53'09" W - 21.80 feet, an arc length of 21.81 feet to a 1/2"
iron rod with plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 23°41'06", a radius of 700.00 feet, a
chord of N 66°26'20" W - 287.31 feet, an arc length of 289.37 feet to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 08°28'10", a radius of 2655.00 feet, a
chord of N 74°02'48" W - 392.11 feet, an arc length of 392.46 feet to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 07°26'53", a radius of 4105.00 feet, a
chord of N 73°47'17" W - 533.24 feet, an arc length of 533.61 feet to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set;
Around a compound curve to the left having a central angle of 22°33'42", a radius of
600.00 feet, a chord of N 89°02'53" W - 234.74 feet, an arc length of 236.27 feet to a
1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 36°25'44", a radius of 190.00 feet, a
chord of N 82°06'52" W - 118.78 feet, an arc length of 120.80 feet to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set;
Item 4b
N 77°23'09" W, 178.47 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
N 12°36'51" E, 221.28 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a tangent curve to the left having a central angle of 11°43'28", a radius of
1400.00 feet, a chord of N 06°45'07" E - 285.98 feet, an arc length of 286.48 feet to a
1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 89°06'36" E, 60.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 44°22'06" E, 21.31 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a non-tangent curve to the left having a central angle of 31°51'19", a radius of
275.00 feet, a chord of N 73°24'22" E - 150.93 feet, an arc length of 152.89 feet to a 1/2"
iron rod with plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 25°24'39", a radius of 325.00 feet, a
chord of N 70°11'02" E - 142.96 feet, an arc length of 144.14 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
N 39°32'04" E, 14.33 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 84°15'22" E, 50.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a non-tangent curve to the left having a central angle of 00°44'26", a radius of
325.00 feet, a chord of S 05°22'25" E - 4.20 feet, an arc length of 4.20 feet to a 1/2" iron
rod with plastic cap stamped "SPIARSENG" set;
S 44°52'41" E, 7.57 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 35°57'41" E, 215.96 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a non-tangent curve to the right having a central angle of 37°16'44", a radius of
765.00 feet, a chord of N 30°17'25" W - 489.01 feet, an arc length of 497.74 feet to a
1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 11°39'03" W, 89.20 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 78°20'57" E, 113.92 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 33°28'29" E, 14.11 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 79°16'53" E, 50.01 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Item 4b
S 55°50'40" E, 14.34 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a non-tangent curve to the right having a central angle of 05°36'39", a radius of
2525.00 feet, a chord of N 82°52'52" E - 247.17 feet, an arc length of 247.27 feet to a
1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 41°08'25" E, 14.23 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 86°28'50" E, 50.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 03°31'10" W, 90.10 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a tangent curve to the right having a central angle of 06°14'21", a radius of
275.00 feet, a chord of N 00°23'59" W - 29.93 feet, an arc length of 29.95 feet to a 1/2"
iron rod with plastic cap stamped "SPIARSENG" set;
Around a non-tangent curve to the right having a central angle of 03°54'45", a radius of
2717.00 feet, a chord of N 89°03'26" E - 185.49 feet, an arc length of 185.53 feet to a
1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 01°33'18" E, 183.10 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 88°26'41" W, 97.17 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
And N 04°33'02" E, 95.57 feet to a PK nail with shiner set in Fishtrap Road (a public right-
of-way) for the most northerly northwest corner of the subject tract;
THENCE S 85°26'58" E, 140.80 feet along Fishtrap Road to a PK nail with shiner set;
THENCE continuing along Fishtrap Road, around a tangent curve to the left having a
central angle of 04°21'25", a radius of 3000.00 feet, a chord of S 87°37'40" E - 228.07
feet, an arc length of 228.12 feet to a PK nail with shiner set;
THENCE departing Fishtrap Road, the following:
S 00°11'37" W, 70.60 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 01°30'29" E, 85.70 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 11°30'04" E, 93.58 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 01°30'29" E, 175.06 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Item 4b
N 73°48'24" W, 11.89 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a tangent curve to the left having a central angle of 00°05'23", a radius of
625.00 feet, a chord of N 73°51'05" W - 0.98 feet, an arc length of 0.98 feet to a 1/2"
iron rod with plastic cap stamped "SPIARSENG" set;
S 16°06'13" W, 50.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a non-tangent curve to the right having a central angle of 11°06'31", a radius of
914.29 feet, a chord of S 10°29'19" W - 176.99 feet, an arc length of 177.27 feet to a
1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 16°11'36" W, 83.89 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 16°11'36" W, 50.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 73°48'24" W, 120.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
S 61°11'36" W, 14.14 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 16°11'36" W, 120.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 73°48'24" E, 426.39 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a tangent curve to the left having a central angle of 03°27'20", a radius of
3465.00 feet, a chord of S 75°32'04" E - 208.95 feet, an arc length of 208.98 feet to a
1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 77°15'44" E, 239.78 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a tangent curve to the right having a central angle of 11°38'33", a radius of
400.00 feet, a chord of S 71°26'28" E - 81.14 feet, an arc length of 81.28 feet to a 1/2"
iron rod with plastic cap stamped "SPIARSENG" set;
S 65°37'11" E, 92.33 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a curve to the right having a central angle of 6°43'51", a radius of 870.00 feet, a
chord of N 27°44'44" E - 102.14 feet, an arc length of 102.20 feet, to a 1/2" iron rod with
a plastic cap stamped "SPIARSENG" set;
N 77°58'30" E, a distance of 20.70 feet, to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
Item 4b
Around a non-tangent curve to the right having a central angle of 38°17'41", a radius of
665.00 feet, a chord of S 35°51'40" E - 436.24 feet, an arc length of 444.47 feet, to a
1/2" iron rod with a plastic cap stamped "SPIARSENG" set;
Around a reverse curve to the left having a central angle of 56°16'16", a radius of 425.00
feet, a chord of S 44°50'57" E - 400.83 feet, an arc length of 417.40 feet, to a 1/2" iron
rod with a plastic cap stamped "SPIARSENG" set;
Around a non-tangent curve to the right having a central angle of 9°03'30", a radius of
675.00 feet, a chord of S 27°34'35" E - 106.60 feet, an arc length of 106.71 feet, to a
1/2" iron rod with a plastic cap stamped "SPIARSENG" set;
S 23°02'50" E, a distance of 187.37 feet, to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
S 67°45'01" E, a distance of 61.71 feet, to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
Around a tangent curve to the right having a central angle of 17°27'18", a radius of
1530.00 feet, a chord of S 76°28'38" W - 464.31 feet, an arc length of 466.11 feet to a
1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 17°41'39", a radius of 670.00 feet, a
chord of S 76°21'33" W - 206.09 feet, an arc length of 206.91 feet, to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set;
S 67°30'43" W, a distance of 67.54 feet , to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
Around a non-tangent curve to the left having a central angle of 01°48'21", a radius of
1320.00 feet, a chord of S 20°19'47" E - 41.60 feet, an arc length of 41.60 feet to a 1/2"
iron rod with a plastic cap stamped "SPIARSENG" set;
S 21°13'57" E, 431.59 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a tangent curve to the right having a central angle of 06°23'14", a radius of
641.00 feet, a chord of S 18°02'20" E - 71.42 feet, an arc length of 71.46 feet to a 1/2"
iron rod with plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 10°42'49", a radius of 203.50 feet, a
chord of S 20°12'08" E - 38.00 feet, an arc length of 38.05 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
Item 4b
Around a reverse curve having a central angle of 21°26'24", a radius of 226.50 feet, a
chord of S 14°50'21" E - 84.26 feet, an arc length of 84.76 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
Around a compound curve to the right having a central angle of 15°22'07", a radius of
656.00 feet, a chord of S 03°33'54" W - 175.43 feet, an arc length of 175.96 feet to a
1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 6°25'58", a radius of 752.00 feet, a
chord of S 08°01'59" W - 84.39 feet, an arc length of 84.43 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
S 00°15'35" E, 133.08 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a non-tangent curve to the left having a central angle of 9°21'20", a radius of
752.00 feet, a chord of S 10°00'50" E - 122.66 feet, an arc length of 122.79 feet to a 1/2"
iron rod with plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 13°52'30", a radius of 1095.00 feet, a
chord of S 07°45'16" E - 264.52 feet, an arc length of 265.17 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 08°35'37", a radius of 188.50 feet, a
chord of S 05°06'49" E - 28.25 feet, an arc length of 28.27 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 12°26'39", a radius of 211.50 feet, a
chord of S 03°11'18" E - 45.85 feet, an arc length of 45.94 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
Around a compound curve to the right having a central angle of 01°49'29", a radius of
1101.50 feet, a chord of S 03°56'46" W - 35.08 feet, an arc length of 35.08 feet to a 1/2"
iron rod with plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 05°08'34", a radius of 998.50 feet, a
chord of S 02°17'13" W - 89.59 feet, an arc length of 89.62 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
And S 46°03'18" E, 54.63 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set on the north line of U.S. Highway 380 and the south line of said TVG Texas I tract;
THENCE S 88°58'49" W, 180.01 feet along said right-of-way, to the PLACE OF BEGINNING
with the subject tract containing 3,068,436 square feet or 70.442 acres of land.
Item 4b
Windsong Ranch Phase 1B
BEING a tract of land situated in the H.P. Saling Survey, Abstract No. 1628 in the Town of
Prosper, Denton County, Texas, the subject tract being a portion of a tract of land
conveyed to TVG Texas I, LLC, recorded in Document Number 2012-59927 of the Official
Public Records, Denton County, Texas (OPRDCT), the subject tract being more
particularly described as follows;
COMMENCING from a "PK Nail" found at the centerline intersection of Fishtrap Road
and Good Hope Road, and the northwest corner of a tract of land conveyed to TVG
TEXAS I, LLC, recorded in Document Number 2012-81508 of the Deed Records, Denton
County, Texas, and a northeasterly corner of said TVG Texas I, LLC tract, Document
Number 2012-59927, S 00°08'22" E a distance of 908.31 feet to a 1/2" iron rod with a
plastic cap stamped "SPIARSENG" set for the POINT OF BEGINNING;
THENCE, from the POINT OF BEGINNING, S 32°33'57" W, 112.06 feet to a 1/2" iron rod
with a plastic cap stamped "SPIARSENG" set;
THENCE, S 11°36'28" E, 21.52 feet to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
THENCE, around a tangent curve to the right having a central angle of 0°48'10", a radius
of 715.00 feet, a chord of S 54°46'44" E - 10.02 feet, an arc length of 10.02 feet to a 1/2"
iron rod with a plastic cap stamped "SPIARSENG" set;
THENCE, S 32°31'19" E, 50.08 feet to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
THENCE, around a tangent curve to the left having a central angle of 0°51'51", a radius
of 665.00 feet, a chord of N 54°34'35" W - 10.03 feet, an arc length of 10.03 feet to a
1/2" iron rod with a plastic cap stamped "SPIARSENG" set;
THENCE, S 77°58'30" W, 20.70 feet to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
THENCE, around a tangent curve to the left having a central angle of 6°43'51", a radius
of 870.00 feet, a chord of S 27°44'44" W - 102.14 feet, an arc length of 102.20 feet to a
1/2" iron rod with a plastic cap stamped "SPIARSENG" set;
Thence, N 65°37'11" W, 92.33 feet to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
Item 4b
THENCE, around a tangent curve to the left having a central angle of 11°38'33", a radius
of 400.00 feet, a chord of N 71°26'28" W - 81.14 feet, an arc length of 81.28 feet to a
1/2" iron rod with a plastic cap stamped "SPIARSENG" set;
THENCE, N 77°15'44" W, 239.78 feet to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
THENCE, around a tangent curve to the right having a central angle of 3°27'20", a radius
of 3,465.00 feet, a chord of N 75°32'04" W - 208.95 feet, an arc length of 208.98 feet to
a 1/2" iron rod with a plastic cap stamped "SPIARSENG" set;
THENCE, the following courses and distances:
N 73°48'24" W, 426.39 feet to a 1/2" iron rod with a plastic cap stamped "SPIARSENG"
set;
N 16°11'36" E, 120.00 feet to a 1/2" iron rod with a plastic cap stamped "SPIARSENG"
set;
N 61°11'36" E, 14.14 feet to a 1/2" iron rod with a plastic cap stamped "SPIARSENG" set;
S 73°48'24" E, 119.99 feet to a 1/2" iron rod with a plastic cap stamped "SPIARSENG"
set;
N 16°11'55" E, 133.89 feet to a 1/2" iron rod with a plastic cap stamped "SPIARSENG"
set;
THENCE, around a tangent curve to the left having a central angle of 2°58'47", a radius
of 887.12 feet, a chord of N 14°42'32" E - 46.13 feet, an arc length of 46.13 feet to a
1/2" iron rod with a plastic cap stamped "SPIARSENG" set;
THENCE, S 73°48'24" E, 297.58 feet to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
THENCE, around a tangent curve to the left having a central angle of 3°27'20", a radius
of 3,155.00 feet, a chord of S 75°32'04" E - 190.25 feet, an arc length of 190.28 feet to a
1/2" iron rod with a plastic cap stamped "SPIARSENG" set;
THENCE, S 77°15'44" E, 204.34 feet to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
THENCE, around a tangent curve to the right having a central angle of 14°56'55", a
radius of 845.00 feet, a chord of S 69°47'17" E - 219.84 feet, an arc length of 220.46 feet
to a 1/2" iron rod with a plastic cap stamped "SPIARSENG" set;
THENCE, S 57°26'13" E, 85.00 feet to the POINT OF BEGINNING with the subject tract
containing 312,877 square feet or 7.183 acres of land.
Windsong Ranch Phase 2A
Item 4b
BEING a tract of land situated in the J. Bates Survey, Abstract No. 1620, and the H.P.
Saling Survey, Abstract No. 1628, Town of Prosper, Denton County, Texas, the subject
tract being a portion of a tract of land conveyed to TVG Texas I, LLC according to the
deed recorded in Document No. 2012-59927 of the Official Public Records, Denton
County, Texas (OPRDCT), the subject tract being more particularly described as follows:
BEGINNING at a 1/2" iron rod with plastic cap stamped "SPIARSENG" set, from which a
TxDOT aluminum monument found for the south end of a corner clip at the intersection
of the north line of U.S. Highway 380, with the west line of Good Hope Road, bears S
00°11'57" E, 2745.56 feet, the aforementioned monument being a southerly corner of
said TVG Texas I tract;
THENCE through said TVG Texas I tract, the following, all to 1/2" iron rods with plastic
caps stamped "SPIARSENG" set for corner:
N 32°31'19" E, 50.08 feet;
Around a non-tangent curve to the left having a central angle of 00°48'10", a radius
of 715.00 feet, a chord of N 54°46'44" W - 10.02 feet, an arc length of 10.02 feet;
N 11°36'28" W, 21.52 feet;
N 32°33'57" E, 112.06 feet;
N 57°26'13" W, 60.00 feet;
N 32°33'57" E, 116.93 feet;
N 14°01'57" W, 20.61 feet;
Around a non-tangent curve to the left having a central angle of 00°35'25", a radius
of 975.00 feet, a chord of N 61°22'00" W - 10.05 feet, an arc length of 10.05 feet;
N 32°33'57" E, 50.13 feet;
Around a non-tangent curve to the right having a central angle of 00°33'41", a radius
of 1025.00 feet, a chord of S 61°10'28" E - 10.04 feet, an arc length of 10.04 feet;
N 76°02'44" E, 21.77 feet;
N 32°33'57" E, 90.90 feet;
Around a tangent curve to the left having a central angle of 34°04'26", a radius of
870.00 feet, a chord of N 15°31'44" E - 509.80 feet, an arc length of 517.39 feet;
Item 4b
N 01°30'29" W, 66.44 feet;
N 46°13'17" W, 35.53 feet;
And N 00°56'06" W, 54.73 feet to a point in Fishtrap Road (a public right-of-way),
from which a PK nail found at the intersection of Fishtrap Road with Good Hope
Road, bears S 89°03'42" W, 214.82 feet;
THENCE N 89°03'42" E, 139.90 feet along Fishtrap Road to a point from which a PK nail
found bears N 89°03'42" E, 1422.21 feet;
THENCE through said TVG Texas I tract, the following, all to 1/2" iron rods with plastic
caps stamped "SPIARSENG" set for corner:
S 00°56'06" E, 44.74 feet;
S 43°46'43" W, 35.18 feet;
S 01°30'29" E, 75.12 feet;
Around a tangent curve to the right having a central angle of 05°43'59", a radius of
500.00 feet, a chord of S 01°21'31" W - 50.01 feet, an arc length of 50.03 feet;
S 42°55'31" E, 20.07 feet;
N 89°03'54" E, 10.17 feet;
Around a non-tangent curve to the right having a central angle of 05°31'55", a radius of
525.00 feet, a chord of S 08°22'51" W - 50.67 feet, an arc length of 50.69 feet;
S 89°03'54" W, 6.71 feet;
Around a tangent curve to the right having a central angle of 00°21'01", a radius of
625.00 feet, a chord of S 89°14'25" W - 3.82 feet, an arc length of 3.82 feet;
S 51°20'42" W, 23.39 feet;
Around a non-tangent curve to the right having a central angle of 09°08'46", a radius of
500.00 feet, a chord of S 18°01'10" W - 79.73 feet, an arc length of 79.82 feet;
Around a reverse curve having a central angle of 06°14'46", a radius of 800.00 feet, a
chord of S 19°28'10" W - 87.17 feet, an arc length of 87.21 feet;
Item 4b
Around a reverse curve having a central angle of 03°50'21", a radius of 930.00 feet, a
chord of S 18°15'58" W - 62.30 feet, an arc length of 62.32 feet;
S 26°09'52" E, 20.53 feet;
Around a non-tangent curve to the left having a central angle of 02°06'19", a radius of
275.00 feet, a chord of S 75°35'32" E - 10.10 feet, an arc length of 10.11 feet;
Around a non-tangent curve to the right having a central angle of 03°01'58", a radius of
955.00 feet, a chord of S 22°29'29" W - 50.54 feet, an arc length of 50.55 feet;
Around a non-tangent curve to the right having a central angle of 01°47'53", a radius of
325.00 feet, a chord of N 74°19'51" W - 10.20 feet, an arc length of 10.20 feet;
S 66°16'29" W, 22.43 feet;
Around a non-tangent curve to the right having a central angle of 05°53'52", a radius of
930.00 feet, a chord of S 28°04'13" W - 95.69 feet, an arc length of 95.73 feet;
Around a non-tangent curve to the right having a central angle of 15°44'02", a radius of
1155.00 feet, a chord of S 48°55'59" E - 316.18 feet, an arc length of 317.17 feet;
Around a non-tangent curve to the right having a central angle of 31°03'44", a radius of
1155.00 feet, a chord of N 74°11'10" E - 618.53 feet, an arc length of 626.17 feet;
N 88°58'45" E, 50.00 feet;
S 00°56'06" E, 161.00 feet;
N 89°03'54" E, 130.00 feet;
S 00°56'06" E, 47.30 feet;
Around a tangent curve to the right having a central angle of 40°50'28", a radius of
455.00 feet, a chord of S 19°29'08" W - 317.51 feet, an arc length of 324.33 feet;
S 40°11'20" W, 50.06 feet;
Around a non-tangent curve to the right having a central angle of 22°53'59", a radius of
457.50 feet, a chord of S 57°38'17" W - 181.64 feet, an arc length of 182.85 feet;
Around a non-tangent curve to the left having a central angle of 37°42'13", a radius of
550.00 feet, a chord of S 50°14'23" W - 355.43 feet, an arc length of 361.93 feet;
Item 4b
N 81°40'29" W, 76.77 feet;
Around a tangent curve to the right having a central angle of 33°52'35", a radius of
245.00 feet, a chord of N 64°44'11" W - 142.76 feet, an arc length of 144.86 feet;
S 48°03'31" W, 120.44 feet;
S 00°45'55" W, 13.56 feet;
S 42°42'29" W, 50.00 feet;
Around a non-tangent curve to the right having a central angle of 30°34'42", a radius of
425.00 feet, a chord of N 32°00'10" W - 224.14 feet, an arc length of 226.82 feet;
And around a reverse curve having a central angle of 37°25'50", a radius of 665.00 feet,
a chord of N 35°25'44" W - 426.75 feet, an arc length of 434.44 feet to the POINT OF
BEGINNING with the subject tract containing 830,721 square feet or 19.071 acres of
land.
Windsong Ranch Phase 3A & 3C
BEING a tract of land situated in the M.E.P. & P.R.R Survey, Abstract No. 1476, and the P.
Barnes Survey, Abstract No. 79, Town of Prosper, Denton County, Texas, the subject
tract being a portion of a tract of land conveyed to TVG Texas I, LLC, according to the
deed recorded in Document No. 2012-59927 of the Deed Records, Denton County,
Texas, the subject tract being more particularly described as follows;
BEGINNING at an X-CUT set on the centerline of Future Gee Road and along the south
line of said TVG Texas I tract;
THENCE departing said centerline the following:
S 89°53'32" W, a distance of 60.00 feet to a 1/2" iron rod with a plastic cap stamped
SPIARSENG" set;
S 89°00'13" W, a distance of 390.00 feet to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
THENCE, S 89°55'33" W, a distance of 645.33 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 12°39'45" E, a distance of 2102.37 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
Item 4b
THENCE, N 90°00'00" E, a distance of 609.98 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 63°56'43" E, a distance of 60.00 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, along a non-tangent curve to the right having a central angle of 38°40'08", a
radius of 1,400.00 feet, a chord of S 06°43'13" E - 927.03 feet, an arc length of 944.86
feet, to a 1/2" iron rod with a plastic cap stamped "SPIARSENG" set;
THENCE, S 12°36'51" W, a distance of 457.86 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, along a tangent curve to the left having a central angle of 12°43'19", a radius of
1,600.00 feet, a chord of S 06°15'12" W - 354.53 feet, an arc length of 355.26 feet, to a
1/2" iron rod with a plastic cap stamped "SPIARSENG" set;
THENCE, S 00°06'28" E, a distance of 349.96 feet, to the POINT OF BEGINNING with the
subject tract containing 1,941,130.96 square feet or 44.562 acres of land.
Prosper I.S.D Property
BEING a tract of land situated in the C. Smith Survey, Abstract No. 1681, City of Prosper,
Denton County, Texas, the subject tract being a portion of a tract of land conveyed to
TVG Texas I, LLC according to the deed recorded in Document Number 2012-59927 of
the Official Public Records, Denton County, Texas (OPRDCT), the subject tract being
more particularly described as follows:
BEGINNING at a PK nail set in Fish Trap Road, from which a PK nail found at the
intersection of said road with Good Hope Road bears S 89°03'42" W, 1357.61 feet;
THENCE N 89°03'42" E, 419.33 feet along said road, to a PK nail found;
THENCE N 89°03'17" E, 155.67 feet continuing along said road to a PK nail set, from
which a PK nail found at the intersection of Fish Trap Road and Fields Road, bears N
89°03'17" E, 1728.11 feet;
THENCE S 00°56'06" E, 917.78 feet departing said road, to a 1/2" iron rod with plastic
cap stamped "SPIARSENG" set;
THENCE around a tangent curve to the left having a central angle of 02°36'37", a radius
of 2025.00 feet, a chord of S 02°14'24" E - 92.24 feet, an arc length of 92.25 feet to a
1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Item 4b
THENCE S 89°03'35" W, 585.27 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
THENCE around a non-tangent curve to the left having a central angle of 09°09'44", a
radius of 640.00 feet, a chord of N 03°38'46" E - 102.23 feet, an arc length of 102.34 feet
to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
THENCE N 00°56'06" W, 908.09 feet to the POINT OF BEGINNING with the subject tract
containing 581,086 square feet or 13.340 acres of land.
Fire Station Property
BEING a tract of land situated in the C. Smith Survey, Abstract No. 1681, City of Prosper,
Denton County, Texas, the subject tract being a portion of a tract of land conveyed to
TVG Texas I, LLC according to the deed recorded in Document No. 2012-59927 of the
Official Public Records, Denton County, Texas (OPRDCT), the subject tract being more
particularly described as follows:
BEGINNING at a point in Teel Parkway and on the most southerly east line of said TVG
Texas tract, from which a PK nail set at the approximate centerline of Fish Trap Road
and Teel Parkway, being an easterly corner of said TVG Texas tract, bears N 00°00'44"
W, 2295.24 feet;
THENCE along Teel Parkway, the following:
S 00°00'44" E, 32.25 feet;
S 89°25'36" W, 21.23 feet;
And S 00°01'37" E, 270.83 feet to a point for corner;
THENCE S 89°58'23" W, 38.06 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set on the west line of Teel Parkway;
THENCE N 81°33'39" W, 419.65 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
THENCE N 08°26'31" E, 300.00 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set, from which a 5/8" iron rod found for a westerly corner of said TVG
Texas tract bears N 77°32'57" W, 3282.14 feet;
THENCE S 81°33'39" E, 375.00 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set on the west line of Teel Parkway;
Item 4b
THENCE N 89°59'16" E to the POINT OF BEGINNING, with the subject tract containing
131,425 square feet, or 3.017 acres of land.
The remaining tract containing 256.135 acres of land.
Bearing system based North Central Zone of the Texas State Plane Coordinate System.
This document, prepared under 22 TAC 663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property
except those rights and interest supplied or established by the creation or reconfiguration
of the boundary of the political subdivision for which it was prepared.
Item 4b
Item 4b
Item 4b
TOWN OF PROSPER, TEXAS RESOLUTION NO. 15-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, APPROVING THE REMOVAL OF CERTAIN PROPERTY FROM
PROSPER MANAGEMENT DISTRICT NO. 1; MAKING FINDINGS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Prosper Management District No. 1 (“the District”) was created by House
Bill No. 4752 (now codified as Chapter 3886 of the Texas Special District Local Laws Code) in
2009 for the purpose of imposing taxes and issuing bonds to help facilitate the development of
the commercial land along U.S. Highway 380 that is now owned by TVG Texas I, LLC; and
WHEREAS, the District currently comprises approximately 517.3 acres of land situated
on the west side of the Town, exclusively in Denton County; and
WHEREAS, pursuant to Section 3886.108 of the Texas Special District Local Laws
Code, no land may be excluded from the boundaries of the District without the consent of the
Town; and
WHEREAS, on or about January 16, 2015, the Town received a “Petition for Consent to
Exclusion of Land from Prosper Management District No. 1” from TVG Texas I, LLC, for
property comprising approximately 302.7 acres, more or less; and
WHEREAS, the property sought to be excluded consists of property designated for a
grocery store and other commercial development, and single-family, townhome, and multi-family
residential development, said property more fully described in Exhibit A, attached hereto and
incorporated by reference; and
WHEREAS, said request is consistent with the original purpose of the District; and
WHEREAS, there has been full compliance with the provisions of Chapter 3886 of the
Texas Special District Local Laws Code in all respects relative to the exclusion of the property
from the District, as reflected in the “Petition for Consent to Exclusion of Land from Prosper
Management District No. 1”; and
WHEREAS, the Town Council believes it is in the public interest to give its consent to
the exclusion of the property described in said Petition.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The foregoing recitals are hereby found to be true and correct legislative findings of the
Town of Prosper, Texas, and are fully incorporated into the body of this Resolution.
Item 4b
Resolution No. 15-__, Page 2
SECTION 2
The Town Council of the Town of Prosper, Texas, hereby consents to the exclusion of
the Property (more fully described and attached to this Resolution as Exhibit A) from Prosper
Management District No. 1.
SECTION 3
This Resolution shall take effect from and after the date of its passage.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 27TH DAY OF JANUARY, 2015.
___________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 4b
Resolution No. 15-__, Page 3
EXHIBIT “A”
TRACT 1
Property Description
Being all that certain 46.557 acre tract of land situated in the J. Saling Survey, Abstract Number
1675, and being a portion of that certain tract of land conveyed to TVG Texas I, LLC according
to the deed recorded under County Clerk Document Number 2012-59927, Official Public
Records, Denton County, Texas, and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod with plastic yellow cap stamped "Spiarseng" found for the
most southerly Southeast corner of said TVG Texas tract, same being the South end of a corner
clip at the Northwest intersection of the North right-of-way line of US Highway 380 (variable
width right-of-way) and the West right-of-way line of Windsong Parkway South (Document
Number 2014-248) (variable width right-of-way);
THENCE along the South line of said TVG Texas tract and the North right-of-way line of said
US Highway 380 as follows:
South 88 deg. 34 min. 34 sec. West, a distance of 2054.75 feet to a TXDOT Monument found
for angle point;
South 89 deg. 05 min. 46 sec. West, a distance of 101.04 feet to a TXDOT Monument found for
angle point;
South 89 deg. 17 min. 50 sec. West, a distance of 21.84 feet to a 1/2 inch iron rod set with
"Peiser & Mankin SURV" red plastic cap (hereinafter referred to as 1/2 inch iron rod set) for the
South end of a corner clip of said US Highway 380;
North 46 deg. 37 min. 51 sec. West, a distance of 111.24 feet to a PK nail found for the North
end of said corner clip, same being in the approximate centerline of Gee Road (variable width
right-of-way);
THENCE North 00 deg. 06 min. 39 sec. West, through the interior of said TVG Texas tract and
along the approximate centerline of said Gee Road, passing at a distance of 350.53 feet, a PK
nail found in the approximate centerline of said Gee Road, same being the Southeast corner of
Lot 3, Block A, Westfork Crossing Addition, an addition to the Town of Prosper, Denton County,
Texas, according to the plat thereof recorded under County Clerk Document Number 2010-215,
aforesaid Official Public Records, continuing along the approximate centerline of said Gee Road
and the East line of said Lot 3, a total distance of 879.47 feet to a PK nail found for the
Northwest corner of the herein described tract, same being in the approximate centerline of said
Gee Road;
THENCE through the interior of said TVG Texas tract as follows:
North 89 deg. 50 min. 53 sec. East, a distance of 60.00 feet to a 1/2 inch iron rod set;
North 88 deg. 40 min. 10 sec. East, a distance of 168.65 feet to a 1/2 inch iron rod with plastic
yellow cap stamped "Spiarseng" found for angle point;
South 76 deg. 05 min. 37 sec. East, a distance of 114.09 feet to a 1/2 inch iron rod set;
Item 4b
Resolution No. 15-__, Page 4
South 62 deg. 52 min. 46 sec. East, a distance of 248.99 feet to a 1/2 inch iron rod set;
North 88 deg. 34 min. 34 sec. East, a distance of 685.75 feet to a 1/2 inch iron rod set;
North 76 deg. 03 min. 31 sec. East, a distance of 74.60 feet to a 1/2 inch iron rod set;
South 83 deg. 20 min. 45 sec. East, a distance of 109.69 feet to a 1/2 inch iron rod set;
North 39 deg. 51 min. 50 sec. East, a distance of 86.56 feet to a 1/2 inch iron rod with plastic
yellow cap stamped "Spiarseng" found for angle point;
North 72 deg. 47 min. 00 sec. East, a distance of 151.17 feet to a 1/2 inch iron rod set;
North 73 deg. 50 min. 45 sec. East, a distance of 132.35 feet to a 1/2 inch iron rod with plastic
yellow cap stamped "Spiarseng" found for angle point;
South 84 deg. 05 min. 32 sec. East, a distance of 101.58 feet to a 1/2 inch iron rod set;
North 81 deg. 05 min. 17 sec. East, a distance of 97.62 feet to a 1/2 inch iron rod set;
North 57 deg. 35 min. 24 sec. East, a distance of 144.66 feet to a 1/2 inch iron rod with plastic
yellow cap stamped "Spiarseng" found for angle point;
North 82 deg. 34 min. 18 sec. East, a distance of 78.09 feet to a 1/2 inch iron rod set;
North 69 deg. 27 min. 06 sec. East, a distance of 92.54 feet to a 1/2 inch iron rod with plastic
yellow cap stamped "Spiarseng" found for angle point;
North 52 deg. 39 min. 12 sec. East, a distance of 48.91 feet to a 1/2 inch iron rod set for the
Northeast corner of the herein described tract, same being in the East line of said TVG Texas
tract, same being in the West right-of-way line of aforesaid Windsong Parkway South, same
being the beginning of a non-tangent curve to the right having a radius of 203.50 feet and a
delta angle of 11 deg. 53 min. 50 sec.;
THENCE along the East line of said TVG Texas tract and the West right-of-way line of said
Windsong Parkway South as follows:
In a Southwesterly direction and along said non-tangent curve to the right, an arc length of
42.26 feet and a chord bearing and distance of South 00 deg. 17 min. 14 sec. West, 42.18 feet
to a 1/2 inch iron rod set for the beginning of a curve to the left having a radius of 226.50 feet
and a delta angle of 10 deg. 21 min. 17 sec.;
Along said curve to the left, an arc distance of 40.93 feet and a chord bearing and distance of
South 01 deg. 03 min. 30 sec. West, 40.88 feet to a 1/2 inch iron rod set for the beginning of a
curve to the right having a radius of 566.00 feet and a delta angle of 15 deg. 22 min. 07 sec.;
Along said curve to the right, an arc distance of 151.82 feet and a chord bearing and distance of
South 03 deg. 33 min. 54 sec. West, 151.36 feet to a 1/2 inch iron rod set for the beginning of a
curve to the left, having a radius of 842.00 feet and a delta angle of 25 deg. 56 min. 28 sec.;
Item 4b
Resolution No. 15-__, Page 5
Along said curve to the left, an arc distance of 381.22 feet and a chord bearing and distance of
South 01 deg. 43 min. 16 sec. East, 377.98 feet to a 1/2 inch iron rod set for the beginning of a
curve to the right, having a radius of 1005.00 feet and a delta angle of 13 deg. 35 min. 06 sec.;
Along said curve to the right, an arc length of 238.29 feet and a chord bearing and distance of
South 07 deg. 53 min. 58 sec. East, 237.73 feet to a 1/2 inch iron rod set for the beginning of a
curve to the right, having a radius of 188.50 feet and a delta angle of 14 deg. 18 min. 56 sec.;
Along said curve to the right, an arc distance of 47.10 feet and a chord bearing and distance of
South 06 deg. 03 min. 03 sec. West, 46.97 feet to a 1/2 inch iron rod set;
South 13 deg. 12 min. 30 sec. West, a distance of 44.61 feet to a 1/2 inch iron rod set for the
beginning of a curve to the left, having a radius of 291.50 feet and a delta angle of 10 deg. 22
min. 32 sec.;
Along said curve to the left, an arc distance of 52.79 feet and a chord bearing and distance of
South 08 deg. 01 min. 14 sec. West, 52.72 feet to a 1/2 inch iron rod set for the beginning of a
curve to the left, having a radius of 1111.50 feet and a delta angle of 03 deg. 43 min. 22 sec.;
Along said curve to the left, an arc distance of 72.22 feet and a chord bearing and distance of
South 00 deg. 58 min. 17 sec. West, 72.21 feet to a 1/2 inch iron rod set for the North end of
aforesaid corner clip at the Northwest intersection of the West right-of-way line of said
Windsong Parkway South and the North right-of-way line of said US Highway 380;
THENCE South 43 deg. 56 min. 23 sec. West, along said corner clip, a distance of 40.08 feet to
the POINT OF BEGINNING and containing a gross area of 2,028,030 square feet or 46.557
acres and a net area of 1,939,571 square feet or 44.526 acres of computed land, more or less.
Item 4b
Resolution No. 15-__, Page 6
TRACT 2
METES AND BOUNDS DESCRIPTION
TVG Texas I, LLC
BEING a tract of land situated in the J. Saling Survey, Abstract No. 1675, the H.P. Saling
Survey Abstract No. 1628, the M.E.P. & P.R.R. Survey, Abstract No. 1476 and the J. Bates
Survey, Abstract No. 1620, in the Town of Prosper, Denton County, Texas, the subject tract
being a portion of a tract conveyed to TVG Texas I, LLC, recorded in Document Number 2012-
59927 of the Official Public Records, Denton County, Texas (OPRDCT), and being all of the
right-of-way conveyed to the Town, recorded in Document Number 2013-147012, the subject
tract being more particularly described as follows:
BEGINNING at a 1/2" iron rod set on the north line of U.S. Highway 380 (a variable width public
right-of-way) and on the south line of said TVG Texas I tract;
THENCE, S 88°54'52.10" W, a distance of 180.076 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 43°56'22.98" E, a distance of 40.080 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE around a non-tangent curve to the right having a central angle of 3°43'22.44", a radius
of 1111.500 feet,, a chord of N 00°58'17.11" E - 72.209 feet,, an arc length of 72.221 feet,;
THENCE around a compound curve to the right having a central angle of 10°22'32.16", a radius
of 291.500 feet, a chord of N 08°01'14.37" E - 52.715 feet, an arc length of 52.787 feet,
THENCE, N 13°12'30.44" E, a distance of 44.607 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE around a tangent curve to the left having a central angle of 14°18'55.80", a radius of
188.500 feet, a chord of N 06°03'02.98" E - 46.975 feet, an arc length of 47.097 feet,
THENCE around a compound curve to the left having a central angle of 13°35'05.64", a radius
of 1005.000 feet, a chord of N 07°53'57.73" W - 237.730 feet, an arc length of 238.287 feet,
THENCE around a reverse curve to the right having a central angle of 25°56'28.32", a radius of
842.000 feet, a chord of N 01°43'16.40" W - 377.976 feet, an arc length of 381.224 feet,
THENCE around a reverse curve to the left having a central angle of 15°22'06.60", a radius of
566.000 feet, a chord of N 03°33'54.47" E - 151.364 feet, an arc length of 151.819 feet,
THENCE around a reverse curve to the right having a central angle of 10°21'17.28", a radius of
226.500 feet, a chord of N 01°03'29.75" E - 40.879 feet, an arc length of 40.934 feet,
THENCE around a reverse curve to the left having a central angle of 11°53'49.56", a radius of
203.500 feet, a chord of N 00°17'13.61" E - 42.180 feet, an arc length of 42.255 feet,
THENCE, S 52°39'11.53" W, a distance of 48.906 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
Item 4b
Resolution No. 15-__, Page 7
THENCE, S 69°27'05.74" W, a distance of 92.536 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 82°34'17.56" W, a distance of 78.089 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 57°35'23.85" W, a distance of 144.661 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 81°05'16.72" W, a distance of 97.624 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 84°05'32.12" W, a distance of 101.580 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 73°50'45.23" W, a distance of 132.354 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 72°47'00.19" W, a distance of 151.172 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 39°51'49.98" W, a distance of 86.556 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 83°20'44.51" W, a distance of 109.693 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 76°03'30.76" W, a distance of 74.601 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 88°34'34.00" W, a distance of 685.750 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 62°52'45.79" W, a distance of 248.990 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 76°05'36.69" W, a distance of 114.087 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 88°40'10.15" W, a distance of 168.650 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 89°53'20.53" W, a distance of 60.000 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 00°07'26.58" W, a distance of 236.498 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 89°33'35.00" W, a distance of 1095.610 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
Item 4b
Resolution No. 15-__, Page 8
THENCE, N 12°40'06.69" E, a distance of 2102.766 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 90°00'00.00" E, a distance of 609.984 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 63°56'42.75" E, a distance of 29.873 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 00°01'02.00" W, a distance of 695.484 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 86°17'44.18" E, a distance of 1038.336 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 85°26'58.08" E, a distance of 140.803 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE around a tangent curve to the left having a central angle of 5°29'07.80", a radius of
3000.000 feet, a chord of S 88°11'32.05" E - 287.112 feet, an arc length of 287.222 feet,
THENCE, N 89°05'01.82" E, a distance of 864.603 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 89°03'41.69" E, a distance of 1776.937 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 89°03'16.82" E, a distance of 1883.358 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 00°00'30.77" E, a distance of 2326.854 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 89°11'26.00" W, a distance of 21.200 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 00°00'27.00" W, a distance of 503.288 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 66°44'07.97" W, a distance of 10.269 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 21°00'56.66" W, a distance of 17.745 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 26°27'17.31" W, a distance of 12.200 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 32°45'10.42" W, a distance of 23.111 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
Item 4b
Resolution No. 15-__, Page 9
THENCE, S 30°59'08.85" W, a distance of 20.667 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 37°11'09.70" W, a distance of 22.221 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 60°28'08.66" W, a distance of 22.379 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 69°59'11.08" W, a distance of 88.694 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 80°38'57.07" W, a distance of 12.360 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 66°22'16.25" W, a distance of 65.208 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 61°03'12.60" W, a distance of 47.417 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 83°53'06.95" W, a distance of 15.579 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 83°39'54.79" W, a distance of 22.365 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 44°27'28.27" W, a distance of 17.632 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 19°20'20.26" W, a distance of 52.977 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 38°10'53.39" W, a distance of 17.580 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 57°56'24.83" W, a distance of 39.051 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 74°26'47.60" W, a distance of 35.892 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 73°55'41.57" W, a distance of 120.737 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 82°33'32.37" W, a distance of 38.109 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 88°19'59.19" W, a distance of 25.450 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
Item 4b
Resolution No. 15-__, Page 10
THENCE, N 85°30'14.95" W, a distance of 35.606 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 81°41'48.49" W, a distance of 22.214 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 89°30'08.22" W, a distance of 28.404 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 75°32'30.68" W, a distance of 23.721 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 86°51'58.72" W, a distance of 36.114 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 87°03'21.90" W, a distance of 33.634 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 83°51'46.96" W, a distance of 36.905 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 72°58'51.84" W, a distance of 44.685 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 82°22'56.57" W, a distance of 31.646 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 72°40'06.27" W, a distance of 57.370 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 88°59'12.62" W, a distance of 27.914 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 71°41'54.62" W, a distance of 37.721 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 68°17'58.13" W, a distance of 31.367 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 63°27'17.60" W, a distance of 20.983 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 80°08'56.37" W, a distance of 42.045 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 86°28'14.93" W, a distance of 20.044 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 85°30'06.34" W, a distance of 31.464 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
Item 4b
Resolution No. 15-__, Page 11
THENCE, N 81°15'40.62" W, a distance of 35.733 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 77°21'00.17" W, a distance of 34.932 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 73°15'13.85" W, a distance of 25.188 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 69°01'43.83" W, a distance of 122.730 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 88°23'24.10" W, a distance of 45.133 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 84°15'12.89" W, a distance of 34.504 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 68°35'30.26" W, a distance of 20.958 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 89°39'03.32" W, a distance of 40.506 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 77°54'55.53" W, a distance of 10.608 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 60°57'59.55" W, a distance of 17.796 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 33°33'12.53" W, a distance of 24.577 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 31°21'52.46" W, a distance of 38.437 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 48°21'08.41" W, a distance of 32.920 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 63°27'17.01" W, a distance of 17.117 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 76°17'21.14" W, a distance of 21.864 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 77°22'13.32" W, a distance of 68.845 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 84°32'06.94" W, a distance of 57.264 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
Item 4b
Resolution No. 15-__, Page 12
THENCE, S 89°33'58.97" W, a distance of 32.603 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 89°16'28.66" W, a distance of 113.261 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 76°14'53.77" W, a distance of 113.151 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 84°14'51.90" W, a distance of 66.712 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 89°46'50.50" W, a distance of 64.463 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 85°07'33.20" W, a distance of 20.743 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 71°27'44.61" W, a distance of 38.033 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 65°46'30.77" W, a distance of 40.896 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 61°22'55.47" W, a distance of 39.671 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 53°54'58.28" W, a distance of 25.977 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 38°29'18.99" W, a distance of 25.136 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 27°16'32.47" W, a distance of 18.324 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 08°55'21.42" W, a distance of 38.218 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 51°21'52.22" W, a distance of 20.552 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 65°08'41.43" W, a distance of 29.942 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 61°58'33.60" W, a distance of 42.398 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 39°49'48.46" W, a distance of 44.344 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
Item 4b
Resolution No. 15-__, Page 13
THENCE, N 75°48'26.01" W, a distance of 34.256 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 01°23'47.28" W, a distance of 11.814 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 86°09'08.98" W, a distance of 30.777 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 67°36'53.74" W, a distance of 70.472 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 28°51'32.77" W, a distance of 81.027 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 70°02'51.36" W, a distance of 125.093 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 42°38'02.61" W, a distance of 20.943 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 77°36'20.00" W, a distance of 203.712 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 00°00'00.00" E, a distance of 444.636 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, S 66°42'00.51" W, a distance of 218.526 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE around a non-tangent curve to the right having a central angle of 17°27'17.64", a
radius of 1530.000 feet,, a chord of S 76°28'38.20" W - 464.307 feet,, an arc length of 466.108
feet,;
THENCE around a non-tangent curve to the left having a central angle of 17°41'39.12", a radius
of 670.000 feet,, a chord of S 76°21'32.80" W - 206.090 feet,, an arc length of 206.911 feet,;
THENCE, S 67°30'43.19" W, a distance of 67.541 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE around a non-tangent curve to the left having a central angle of 1°48'21.24", a radius
of 1320.000 feet,, a chord of S 20°19'46.74" E - 41.603 feet,, an arc length of 41.605 feet,;
THENCE, S 21°13'57.35" E, a distance of 431.588 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE around a tangent curve to the right having a central angle of 6°23'13.92", a radius of
641.000 feet, a chord of S 18°02'20.44" E - 71.420 feet, an arc length of 71.457 feet,
Item 4b
Resolution No. 15-__, Page 14
THENCE around a reverse curve to the left having a central angle of 10°42'49.32", a radius of
203.500 feet, a chord of S 20°12'08.14" E - 37.997 feet, an arc length of 38.052 feet,
THENCE around a reverse curve to the right having a central angle of 21°26'24.00", a radius of
226.500 feet, a chord of S 14°50'20.81" E - 84.262 feet, an arc length of 84.756 feet,
THENCE around a compound curve to the right having a central angle of 15°22'06.60", a radius
of 656.000 feet, a chord of S 03°33'54.47" W - 175.433 feet, an arc length of 175.960 feet,
THENCE around a reverse curve to the left having a central angle of 6°25'58.08", a radius of
752.000 feet, a chord of S 08°01'58.70" W - 84.386 feet, an arc length of 84.430 feet,
THENCE, S 00°15'35.40" E, a distance of 133.079 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE around a non-tangent curve to the left having a central angle of 9°21'20.16", a radius
of 752.000 feet,, a chord of S 10°00'50.49" E - 122.655 feet,, an arc length of 122.791 feet,;
THENCE around a reverse curve to the right having a central angle of 13°52'30.00", a radius of
1095.000 feet, a chord of S 07°45'15.71" E - 264.522 feet, an arc length of 265.169 feet,
THENCE, S 00°49'01.71" E, a distance of 0.000 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE around a tangent curve to the left having a central angle of 8°35'36.60", a radius of
188.500 feet, a chord of S 05°06'49.36" E - 28.246 feet, an arc length of 28.272 feet,
THENCE around a reverse curve to the right having a central angle of 12°26'39.48", a radius of
211.500 feet, a chord of S 03°11'17.95" E - 45.846 feet, an arc length of 45.937 feet,
THENCE around a compound curve to the right having a central angle of 1°49'28.56", a radius
of 1101.500 feet, a chord of S 03°56'46.13" W - 35.077 feet, an arc length of 35.078 feet,
THENCE around a reverse curve to the left having a central angle of 5°08'34.08", a radius of
998.500 feet, a chord of S 02°17'13.36" W - 89.595 feet, an arc length of 89.625 feet,
THENCE, S 46°03'17.56" E, a distance of 54.635 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
to the POINT OF BEGINNING with the subject tract containing 18022931.52 square feet or
413.7496 acres of land.
SAVE AND EXCEPT the following six tracts:
Windsong Ranch Phase 1A
BEING a tract of land situated in the L. Saling Survey, Abstract No. 1675, the H.P. Saling
Survey, Abstract No. 1628, the M.E.P. & P.R.R. Survey, Abstract No. 1476, and the J. Bates
Survey, Abstract No. 1620, in the Town of Prosper, Denton County, Texas, the subject tract
being a portion of a tract of land conveyed to TVG Texas I, LLC, recorded in Document Number
Item 4b
Resolution No. 15-__, Page 15
2012-59927 of the Official Public Records, Denton County, Texas (OPRDCT), the subject tract
being more particularly described as follows;
BEGINNING at a 1/2" iron rod set on the north line of U.S. Highway 380 (a variable width public
right-of-way) and on the south line of said TVG Texas I tract;
THENCE departing said right-of-way, the following:
N 43°56'23" E, 40.01 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a non-tangent curve to the right having a central angle of 3°43'22", a radius of 1111.50
feet, a chord of N 00°58'17" E - 72.21 feet, an arc length of 72.22 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
Around a compound curve to the right having a central angle of 10°22'32", a radius of 291.50
feet, a chord of S 08°01'14" W - 52.72 feet, an arc length of 52.79 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
N 13°12'30" E, 44.61 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a tangent curve to the left having a central angle of 14°18'56", a radius of 188.50 feet, a
chord of N 06°03'03" E - 46.97 feet, an arc length of 47.10 feet to a 1/2" iron rod with plastic cap
stamped "SPIARSENG" set;
Around a compound curve to the left having a central angle of 13°35'06", a radius of 1005.00
feet, a chord of N 07°53'58" W - 237.73 feet, an arc length of 238.29 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 25°56'28", a radius of 842.00 feet, a chord of
N 01°43'16" W - 377.98 feet, an arc length of 381.22 feet to a 1/2" iron rod with plastic cap
stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 15°22'07", a radius of 566.00 feet, a chord of
N 03°33'54" E - 151.36 feet, an arc length of 151.82 feet to a 1/2" iron rod with plastic cap
stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 10°21'17", a radius of 226.50 feet, a chord of
N 01°03'30" E - 40.88 feet, an arc length of 40.93 feet to a 1/2" iron rod with plastic cap
stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 22°10'09", a radius of 203.50 feet, a chord of
N 04°50'56" W - 78.25 feet, an arc length of 78.74 feet to a 1/2" iron rod with plastic cap
stamped "SPIARSENG" set;
Around a compound curve to the left having a central angle of 05°17'57", a radius of 581.00
feet, a chord of N 18°34'59" W - 53.72 feet, an arc length of 53.74 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
N 21°13'57" W, 431.59 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Item 4b
Resolution No. 15-__, Page 16
Around a tangent curve to the right having a central angle of 00°52'08", a radius of 1380.00 feet,
a chord of N 20°47'54" W - 20.92 feet, an arc length of 20.92 feet to a 1/2" iron rod with plastic
cap stamped "SPIARSENG" set;
N 68°43'48" W, 19.81 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a non-tangent curve to the left having a central angle of 09°33'08", a radius of 1280.00
feet, a chord of S 57°28'50" W - 213.15 feet, an arc length of 213.40 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
N 37°17'44" W, a distance of 173.44 feet , to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
Around a non-tangent curve to the right having a central angle of 06°34'42", a radius of 190.00
feet, a chord of N 57°53'09" W - 21.80 feet, an arc length of 21.81 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 23°41'06", a radius of 700.00 feet, a chord of
N 66°26'20" W - 287.31 feet, an arc length of 289.37 feet to a 1/2" iron rod with plastic cap
stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 08°28'10", a radius of 2655.00 feet, a chord of
N 74°02'48" W - 392.11 feet, an arc length of 392.46 feet to a 1/2" iron rod with plastic cap
stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 07°26'53", a radius of 4105.00 feet, a chord of
N 73°47'17" W - 533.24 feet, an arc length of 533.61 feet to a 1/2" iron rod with plastic cap
stamped "SPIARSENG" set;
Around a compound curve to the left having a central angle of 22°33'42", a radius of 600.00
feet, a chord of N 89°02'53" W - 234.74 feet, an arc length of 236.27 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 36°25'44", a radius of 190.00 feet, a chord of
N 82°06'52" W - 118.78 feet, an arc length of 120.80 feet to a 1/2" iron rod with plastic cap
stamped "SPIARSENG" set;
N 77°23'09" W, 178.47 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 12°36'51" E, 221.28 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a tangent curve to the left having a central angle of 11°43'28", a radius of 1400.00 feet,
a chord of N 06°45'07" E - 285.98 feet, an arc length of 286.48 feet to a 1/2" iron rod with plastic
cap stamped "SPIARSENG" set;
S 89°06'36" E, 60.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 44°22'06" E, 21.31 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Item 4b
Resolution No. 15-__, Page 17
Around a non-tangent curve to the left having a central angle of 31°51'19", a radius of 275.00
feet, a chord of N 73°24'22" E - 150.93 feet, an arc length of 152.89 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 25°24'39", a radius of 325.00 feet, a chord of
N 70°11'02" E - 142.96 feet, an arc length of 144.14 feet to a 1/2" iron rod with plastic cap
stamped "SPIARSENG" set;
N 39°32'04" E, 14.33 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 84°15'22" E, 50.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a non-tangent curve to the left having a central angle of 00°44'26", a radius of 325.00
feet, a chord of S 05°22'25" E - 4.20 feet, an arc length of 4.20 feet to a 1/2" iron rod with plastic
cap stamped "SPIARSENG" set;
S 44°52'41" E, 7.57 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 35°57'41" E, 215.96 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a non-tangent curve to the right having a central angle of 37°16'44", a radius of 765.00
feet, a chord of N 30°17'25" W - 489.01 feet, an arc length of 497.74 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
N 11°39'03" W, 89.20 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 78°20'57" E, 113.92 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 33°28'29" E, 14.11 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 79°16'53" E, 50.01 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 55°50'40" E, 14.34 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a non-tangent curve to the right having a central angle of 05°36'39", a radius of 2525.00
feet, a chord of N 82°52'52" E - 247.17 feet, an arc length of 247.27 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
N 41°08'25" E, 14.23 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 86°28'50" E, 50.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 03°31'10" W, 90.10 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a tangent curve to the right having a central angle of 06°14'21", a radius of 275.00 feet,
a chord of N 00°23'59" W - 29.93 feet, an arc length of 29.95 feet to a 1/2" iron rod with plastic
cap stamped "SPIARSENG" set;
Around a non-tangent curve to the right having a central angle of 03°54'45", a radius of 2717.00
feet, a chord of N 89°03'26" E - 185.49 feet, an arc length of 185.53 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
Item 4b
Resolution No. 15-__, Page 18
N 01°33'18" E, 183.10 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 88°26'41" W, 97.17 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
And N 04°33'02" E, 95.57 feet to a PK nail with shiner set in Fishtrap Road (a public right-of-
way) for the most northerly northwest corner of the subject tract;
THENCE S 85°26'58" E, 140.80 feet along Fishtrap Road to a PK nail with shiner set;
THENCE continuing along Fishtrap Road, around a tangent curve to the left having a central
angle of 04°21'25", a radius of 3000.00 feet, a chord of S 87°37'40" E - 228.07 feet, an arc
length of 228.12 feet to a PK nail with shiner set;
THENCE departing Fishtrap Road, the following:
S 00°11'37" W, 70.60 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 01°30'29" E, 85.70 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 11°30'04" E, 93.58 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 01°30'29" E, 175.06 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 73°48'24" W, 11.89 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a tangent curve to the left having a central angle of 00°05'23", a radius of 625.00 feet, a
chord of N 73°51'05" W - 0.98 feet, an arc length of 0.98 feet to a 1/2" iron rod with plastic cap
stamped "SPIARSENG" set;
S 16°06'13" W, 50.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a non-tangent curve to the right having a central angle of 11°06'31", a radius of 914.29
feet, a chord of S 10°29'19" W - 176.99 feet, an arc length of 177.27 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
S 16°11'36" W, 83.89 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 16°11'36" W, 50.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 73°48'24" W, 120.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 61°11'36" W, 14.14 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 16°11'36" W, 120.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 73°48'24" E, 426.39 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a tangent curve to the left having a central angle of 03°27'20", a radius of 3465.00 feet,
a chord of S 75°32'04" E - 208.95 feet, an arc length of 208.98 feet to a 1/2" iron rod with plastic
cap stamped "SPIARSENG" set;
Item 4b
Resolution No. 15-__, Page 19
S 77°15'44" E, 239.78 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a tangent curve to the right having a central angle of 11°38'33", a radius of 400.00 feet,
a chord of S 71°26'28" E - 81.14 feet, an arc length of 81.28 feet to a 1/2" iron rod with plastic
cap stamped "SPIARSENG" set;
S 65°37'11" E, 92.33 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a curve to the right having a central angle of 6°43'51", a radius of 870.00 feet, a chord of
N 27°44'44" E - 102.14 feet, an arc length of 102.20 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
N 77°58'30" E, a distance of 20.70 feet, to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
Around a non-tangent curve to the right having a central angle of 38°17'41", a radius of 665.00
feet, a chord of S 35°51'40" E - 436.24 feet, an arc length of 444.47 feet, to a 1/2" iron rod with
a plastic cap stamped "SPIARSENG" set;
Around a reverse curve to the left having a central angle of 56°16'16", a radius of 425.00 feet, a
chord of S 44°50'57" E - 400.83 feet, an arc length of 417.40 feet, to a 1/2" iron rod with a
plastic cap stamped "SPIARSENG" set;
Around a non-tangent curve to the right having a central angle of 9°03'30", a radius of 675.00
feet, a chord of S 27°34'35" E - 106.60 feet, an arc length of 106.71 feet, to a 1/2" iron rod with
a plastic cap stamped "SPIARSENG" set;
S 23°02'50" E, a distance of 187.37 feet, to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
S 67°45'01" E, a distance of 61.71 feet, to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
Around a tangent curve to the right having a central angle of 17°27'18", a radius of 1530.00 feet,
a chord of S 76°28'38" W - 464.31 feet, an arc length of 466.11 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 17°41'39", a radius of 670.00 feet, a chord of
S 76°21'33" W - 206.09 feet, an arc length of 206.91 feet, to a 1/2" iron rod with plastic cap
stamped "SPIARSENG" set;
S 67°30'43" W, a distance of 67.54 feet , to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
Around a non-tangent curve to the left having a central angle of 01°48'21", a radius of 1320.00
feet, a chord of S 20°19'47" E - 41.60 feet, an arc length of 41.60 feet to a 1/2" iron rod with a
plastic cap stamped "SPIARSENG" set;
S 21°13'57" E, 431.59 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Item 4b
Resolution No. 15-__, Page 20
Around a tangent curve to the right having a central angle of 06°23'14", a radius of 641.00 feet,
a chord of S 18°02'20" E - 71.42 feet, an arc length of 71.46 feet to a 1/2" iron rod with plastic
cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 10°42'49", a radius of 203.50 feet, a chord of
S 20°12'08" E - 38.00 feet, an arc length of 38.05 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
Around a reverse curve having a central angle of 21°26'24", a radius of 226.50 feet, a chord of
S 14°50'21" E - 84.26 feet, an arc length of 84.76 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
Around a compound curve to the right having a central angle of 15°22'07", a radius of 656.00
feet, a chord of S 03°33'54" W - 175.43 feet, an arc length of 175.96 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 6°25'58", a radius of 752.00 feet, a chord of
S 08°01'59" W - 84.39 feet, an arc length of 84.43 feet to a 1/2" iron rod with plastic cap
stamped "SPIARSENG" set;
S 00°15'35" E, 133.08 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
Around a non-tangent curve to the left having a central angle of 9°21'20", a radius of 752.00
feet, a chord of S 10°00'50" E - 122.66 feet, an arc length of 122.79 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 13°52'30", a radius of 1095.00 feet, a chord of
S 07°45'16" E - 264.52 feet, an arc length of 265.17 feet to a 1/2" iron rod with plastic cap
stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 08°35'37", a radius of 188.50 feet, a chord of
S 05°06'49" E - 28.25 feet, an arc length of 28.27 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
Around a reverse curve having a central angle of 12°26'39", a radius of 211.50 feet, a chord of
S 03°11'18" E - 45.85 feet, an arc length of 45.94 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
Around a compound curve to the right having a central angle of 01°49'29", a radius of 1101.50
feet, a chord of S 03°56'46" W - 35.08 feet, an arc length of 35.08 feet to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
Around a reverse curve having a central angle of 05°08'34", a radius of 998.50 feet, a chord of
S 02°17'13" W - 89.59 feet, an arc length of 89.62 feet to a 1/2" iron rod with plastic cap
stamped "SPIARSENG" set;
And S 46°03'18" E, 54.63 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set on
the north line of U.S. Highway 380 and the south line of said TVG Texas I tract;
THENCE S 88°58'49" W, 180.01 feet along said right-of-way, to the PLACE OF BEGINNING
with the subject tract containing 3,068,436 square feet or 70.442 acres of land.
Item 4b
Resolution No. 15-__, Page 21
Windsong Ranch Phase 1B
BEING a tract of land situated in the H.P. Saling Survey, Abstract No. 1628 in the Town of
Prosper, Denton County, Texas, the subject tract being a portion of a tract of land conveyed to
TVG Texas I, LLC, recorded in Document Number 2012-59927 of the Official Public Records,
Denton County, Texas (OPRDCT), the subject tract being more particularly described as
follows;
COMMENCING from a "PK Nail" found at the centerline intersection of Fishtrap Road and Good
Hope Road, and the northwest corner of a tract of land conveyed to TVG TEXAS I, LLC,
recorded in Document Number 2012-81508 of the Deed Records, Denton County, Texas, and a
northeasterly corner of said TVG Texas I, LLC tract, Document Number 2012-59927, S
00°08'22" E a distance of 908.31 feet to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set for the POINT OF BEGINNING;
THENCE, from the POINT OF BEGINNING, S 32°33'57" W, 112.06 feet to a 1/2" iron rod with a
plastic cap stamped "SPIARSENG" set;
THENCE, S 11°36'28" E, 21.52 feet to a 1/2" iron rod with a plastic cap stamped "SPIARSENG"
set;
THENCE, around a tangent curve to the right having a central angle of 0°48'10", a radius of
715.00 feet, a chord of S 54°46'44" E - 10.02 feet, an arc length of 10.02 feet to a 1/2" iron rod
with a plastic cap stamped "SPIARSENG" set;
THENCE, S 32°31'19" E, 50.08 feet to a 1/2" iron rod with a plastic cap stamped "SPIARSENG"
set;
THENCE, around a tangent curve to the left having a central angle of 0°51'51", a radius of
665.00 feet, a chord of N 54°34'35" W - 10.03 feet, an arc length of 10.03 feet to a 1/2" iron rod
with a plastic cap stamped "SPIARSENG" set;
THENCE, S 77°58'30" W, 20.70 feet to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
THENCE, around a tangent curve to the left having a central angle of 6°43'51", a radius of
870.00 feet, a chord of S 27°44'44" W - 102.14 feet, an arc length of 102.20 feet to a 1/2" iron
rod with a plastic cap stamped "SPIARSENG" set;
Thence, N 65°37'11" W, 92.33 feet to a 1/2" iron rod with a plastic cap stamped "SPIARSENG"
set;
THENCE, around a tangent curve to the left having a central angle of 11°38'33", a radius of
400.00 feet, a chord of N 71°26'28" W - 81.14 feet, an arc length of 81.28 feet to a 1/2" iron rod
with a plastic cap stamped "SPIARSENG" set;
THENCE, N 77°15'44" W, 239.78 feet to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
Item 4b
Resolution No. 15-__, Page 22
THENCE, around a tangent curve to the right having a central angle of 3°27'20", a radius of
3,465.00 feet, a chord of N 75°32'04" W - 208.95 feet, an arc length of 208.98 feet to a 1/2" iron
rod with a plastic cap stamped "SPIARSENG" set;
THENCE, the following courses and distances:
N 73°48'24" W, 426.39 feet to a 1/2" iron rod with a plastic cap stamped "SPIARSENG" set;
N 16°11'36" E, 120.00 feet to a 1/2" iron rod with a plastic cap stamped "SPIARSENG" set;
N 61°11'36" E, 14.14 feet to a 1/2" iron rod with a plastic cap stamped "SPIARSENG" set;
S 73°48'24" E, 119.99 feet to a 1/2" iron rod with a plastic cap stamped "SPIARSENG" set;
N 16°11'55" E, 133.89 feet to a 1/2" iron rod with a plastic cap stamped "SPIARSENG" set;
THENCE, around a tangent curve to the left having a central angle of 2°58'47", a radius of
887.12 feet, a chord of N 14°42'32" E - 46.13 feet, an arc length of 46.13 feet to a 1/2" iron rod
with a plastic cap stamped "SPIARSENG" set;
THENCE, S 73°48'24" E, 297.58 feet to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
THENCE, around a tangent curve to the left having a central angle of 3°27'20", a radius of
3,155.00 feet, a chord of S 75°32'04" E - 190.25 feet, an arc length of 190.28 feet to a 1/2" iron
rod with a plastic cap stamped "SPIARSENG" set;
THENCE, S 77°15'44" E, 204.34 feet to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
THENCE, around a tangent curve to the right having a central angle of 14°56'55", a radius of
845.00 feet, a chord of S 69°47'17" E - 219.84 feet, an arc length of 220.46 feet to a 1/2" iron
rod with a plastic cap stamped "SPIARSENG" set;
THENCE, S 57°26'13" E, 85.00 feet to the POINT OF BEGINNING with the subject tract
containing 312,877 square feet or 7.183 acres of land.
Windsong Ranch Phase 2A
BEING a tract of land situated in the J. Bates Survey, Abstract No. 1620, and the H.P. Saling
Survey, Abstract No. 1628, Town of Prosper, Denton County, Texas, the subject tract being a
portion of a tract of land conveyed to TVG Texas I, LLC according to the deed recorded in
Document No. 2012-59927 of the Official Public Records, Denton County, Texas (OPRDCT),
the subject tract being more particularly described as follows:
BEGINNING at a 1/2" iron rod with plastic cap stamped "SPIARSENG" set, from which a
TxDOT aluminum monument found for the south end of a corner clip at the intersection of the
north line of U.S. Highway 380, with the west line of Good Hope Road, bears S 00°11'57" E,
2745.56 feet, the aforementioned monument being a southerly corner of said TVG Texas I tract;
THENCE through said TVG Texas I tract, the following, all to 1/2" iron rods with plastic caps
stamped "SPIARSENG" set for corner:
N 32°31'19" E, 50.08 feet;
Around a non-tangent curve to the left having a central angle of 00°48'10", a radius of 715.00
feet, a chord of N 54°46'44" W - 10.02 feet, an arc length of 10.02 feet;
Item 4b
Resolution No. 15-__, Page 23
N 11°36'28" W, 21.52 feet;
N 32°33'57" E, 112.06 feet;
N 57°26'13" W, 60.00 feet;
N 32°33'57" E, 116.93 feet;
N 14°01'57" W, 20.61 feet;
Around a non-tangent curve to the left having a central angle of 00°35'25", a radius of 975.00
feet, a chord of N 61°22'00" W - 10.05 feet, an arc length of 10.05 feet;
N 32°33'57" E, 50.13 feet;
Around a non-tangent curve to the right having a central angle of 00°33'41", a radius of
1025.00 feet, a chord of S 61°10'28" E - 10.04 feet, an arc length of 10.04 feet;
N 76°02'44" E, 21.77 feet;
N 32°33'57" E, 90.90 feet;
Around a tangent curve to the left having a central angle of 34°04'26", a radius of 870.00 feet,
a chord of N 15°31'44" E - 509.80 feet, an arc length of 517.39 feet;
N 01°30'29" W, 66.44 feet;
N 46°13'17" W, 35.53 feet;
And N 00°56'06" W, 54.73 feet to a point in Fishtrap Road (a public right-of-way), from which
a PK nail found at the intersection of Fishtrap Road with Good Hope Road, bears S 89°03'42"
W, 214.82 feet;
THENCE N 89°03'42" E, 139.90 feet along Fishtrap Road to a point from which a PK nail found
bears N 89°03'42" E, 1422.21 feet;
THENCE through said TVG Texas I tract, the following, all to 1/2" iron rods with plastic caps
stamped "SPIARSENG" set for corner:
S 00°56'06" E, 44.74 feet;
S 43°46'43" W, 35.18 feet;
S 01°30'29" E, 75.12 feet;
Around a tangent curve to the right having a central angle of 05°43'59", a radius of 500.00 feet,
a chord of S 01°21'31" W - 50.01 feet, an arc length of 50.03 feet;
S 42°55'31" E, 20.07 feet;
Item 4b
Resolution No. 15-__, Page 24
N 89°03'54" E, 10.17 feet;
Around a non-tangent curve to the right having a central angle of 05°31'55", a radius of 525.00
feet, a chord of S 08°22'51" W - 50.67 feet, an arc length of 50.69 feet;
S 89°03'54" W, 6.71 feet;
Around a tangent curve to the right having a central angle of 00°21'01", a radius of 625.00 feet,
a chord of S 89°14'25" W - 3.82 feet, an arc length of 3.82 feet;
S 51°20'42" W, 23.39 feet;
Around a non-tangent curve to the right having a central angle of 09°08'46", a radius of 500.00
feet, a chord of S 18°01'10" W - 79.73 feet, an arc length of 79.82 feet;
Around a reverse curve having a central angle of 06°14'46", a radius of 800.00 feet, a chord of
S 19°28'10" W - 87.17 feet, an arc length of 87.21 feet;
Around a reverse curve having a central angle of 03°50'21", a radius of 930.00 feet, a chord of
S 18°15'58" W - 62.30 feet, an arc length of 62.32 feet;
S 26°09'52" E, 20.53 feet;
Around a non-tangent curve to the left having a central angle of 02°06'19", a radius of 275.00
feet, a chord of S 75°35'32" E - 10.10 feet, an arc length of 10.11 feet;
Around a non-tangent curve to the right having a central angle of 03°01'58", a radius of 955.00
feet, a chord of S 22°29'29" W - 50.54 feet, an arc length of 50.55 feet;
Around a non-tangent curve to the right having a central angle of 01°47'53", a radius of 325.00
feet, a chord of N 74°19'51" W - 10.20 feet, an arc length of 10.20 feet;
S 66°16'29" W, 22.43 feet;
Around a non-tangent curve to the right having a central angle of 05°53'52", a radius of 930.00
feet, a chord of S 28°04'13" W - 95.69 feet, an arc length of 95.73 feet;
Around a non-tangent curve to the right having a central angle of 15°44'02", a radius of 1155.00
feet, a chord of S 48°55'59" E - 316.18 feet, an arc length of 317.17 feet;
Around a non-tangent curve to the right having a central angle of 31°03'44", a radius of 1155.00
feet, a chord of N 74°11'10" E - 618.53 feet, an arc length of 626.17 feet;
N 88°58'45" E, 50.00 feet;
S 00°56'06" E, 161.00 feet;
N 89°03'54" E, 130.00 feet;
S 00°56'06" E, 47.30 feet;
Item 4b
Resolution No. 15-__, Page 25
Around a tangent curve to the right having a central angle of 40°50'28", a radius of 455.00 feet,
a chord of S 19°29'08" W - 317.51 feet, an arc length of 324.33 feet;
S 40°11'20" W, 50.06 feet;
Around a non-tangent curve to the right having a central angle of 22°53'59", a radius of 457.50
feet, a chord of S 57°38'17" W - 181.64 feet, an arc length of 182.85 feet;
Around a non-tangent curve to the left having a central angle of 37°42'13", a radius of 550.00
feet, a chord of S 50°14'23" W - 355.43 feet, an arc length of 361.93 feet;
N 81°40'29" W, 76.77 feet;
Around a tangent curve to the right having a central angle of 33°52'35", a radius of 245.00 feet,
a chord of N 64°44'11" W - 142.76 feet, an arc length of 144.86 feet;
S 48°03'31" W, 120.44 feet;
S 00°45'55" W, 13.56 feet;
S 42°42'29" W, 50.00 feet;
Around a non-tangent curve to the right having a central angle of 30°34'42", a radius of 425.00
feet, a chord of N 32°00'10" W - 224.14 feet, an arc length of 226.82 feet;
And around a reverse curve having a central angle of 37°25'50", a radius of 665.00 feet, a chord
of N 35°25'44" W - 426.75 feet, an arc length of 434.44 feet to the POINT OF BEGINNING with
the subject tract containing 830,721 square feet or 19.071 acres of land.
Windsong Ranch Phase 3A & 3C
BEING a tract of land situated in the M.E.P. & P.R.R Survey, Abstract No. 1476, and the P.
Barnes Survey, Abstract No. 79, Town of Prosper, Denton County, Texas, the subject tract
being a portion of a tract of land conveyed to TVG Texas I, LLC, according to the deed recorded
in Document No. 2012-59927 of the Deed Records, Denton County, Texas, the subject tract
being more particularly described as follows;
BEGINNING at an X-CUT set on the centerline of Future Gee Road and along the south line of
said TVG Texas I tract;
THENCE departing said centerline the following:
S 89°53'32" W, a distance of 60.00 feet to a 1/2" iron rod with a plastic cap stamped
SPIARSENG" set;
S 89°00'13" W, a distance of 390.00 feet to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
THENCE, S 89°55'33" W, a distance of 645.33 feet, to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
Item 4b
Resolution No. 15-__, Page 26
THENCE, N 12°39'45" E, a distance of 2102.37 feet, to a 1/2" iron rod with a plastic cap
stamped "SPIARSENG" set;
THENCE, N 90°00'00" E, a distance of 609.98 feet, to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
THENCE, N 63°56'43" E, a distance of 60.00 feet, to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
THENCE, along a non-tangent curve to the right having a central angle of 38°40'08", a radius of
1,400.00 feet, a chord of S 06°43'13" E - 927.03 feet, an arc length of 944.86 feet, to a 1/2" iron
rod with a plastic cap stamped "SPIARSENG" set;
THENCE, S 12°36'51" W, a distance of 457.86 feet, to a 1/2" iron rod with a plastic cap stamped
"SPIARSENG" set;
THENCE, along a tangent curve to the left having a central angle of 12°43'19", a radius of
1,600.00 feet, a chord of S 06°15'12" W - 354.53 feet, an arc length of 355.26 feet, to a 1/2" iron
rod with a plastic cap stamped "SPIARSENG" set;
THENCE, S 00°06'28" E, a distance of 349.96 feet, to the POINT OF BEGINNING with the
subject tract containing 1,941,130.96 square feet or 44.562 acres of land.
Prosper I.S.D Property
BEING a tract of land situated in the C. Smith Survey, Abstract No. 1681, City of Prosper,
Denton County, Texas, the subject tract being a portion of a tract of land conveyed to TVG
Texas I, LLC according to the deed recorded in Document Number 2012-59927 of the Official
Public Records, Denton County, Texas (OPRDCT), the subject tract being more particularly
described as follows:
BEGINNING at a PK nail set in Fish Trap Road, from which a PK nail found at the intersection
of said road with Good Hope Road bears S 89°03'42" W , 1357.61 feet;
THENCE N 89°03'42" E, 419.33 feet along said road, to a PK nail found;
THENCE N 89°03'17" E, 155.67 feet continuing along said road to a PK nail set, from which a
PK nail found at the intersection of Fish Trap Road and Fields Road, bears N 89°03'17" E,
1728.11 feet;
THENCE S 00°56'06" E, 917.78 feet departing said road, to a 1/2" iron rod with plastic cap
stamped "SPIARSENG" set;
THENCE around a tangent curve to the left having a central angle of 02°36'37", a radius of
2025.00 feet, a chord of S 02°14'24" E - 92.24 feet, an arc length of 92.25 feet to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set;
THENCE S 89°03'35" W, 585.27 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
Item 4b
Resolution No. 15-__, Page 27
THENCE around a non-tangent curve to the left having a central angle of 09°09'44", a radius of
640.00 feet, a chord of N 03°38'46" E - 102.23 feet, an arc length of 102.34 feet to a 1/2" iron
rod with plastic cap stamped "SPIARSENG" set;
THENCE N 00°56'06" W, 908.09 feet to the POINT OF BEGINNING with the subject tract
containing 581,086 square feet or 13.340 acres of land.
Fire Station Property
BEING a tract of land situated in the C. Smith Survey, Abstract No. 1681, City of Prosper,
Denton County, Texas, the subject tract being a portion of a tract of land conveyed to TVG
Texas I, LLC according to the deed recorded in Document No. 2012-59927 of the Official Public
Records, Denton County, Texas (OPRDCT), the subject tract being more particularly described
as follows:
BEGINNING at a point in Teel Parkway and on the most southerly east line of said TVG Texas
tract, from which a PK nail set at the approximate centerline of Fish Trap Road and Teel
Parkway, being an easterly corner of said TVG Texas tract, bears N 00°00'44" W, 2295.24 feet;
THENCE along Teel Parkway, the following:
S 00°00'44" E, 32.25 feet;
S 89°25'36" W, 21.23 feet;
And S 00°01'37" E, 270.83 feet to a point for corner;
THENCE S 89°58'23" W, 38.06 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set on the west line of Teel Parkway;
THENCE N 81°33'39" W, 419.65 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set;
THENCE N 08°26'31" E, 300.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set, from which a 5/8" iron rod found for a westerly corner of said TVG Texas tract bears N
77°32'57" W, 3282.14 feet;
THENCE S 81°33'39" E, 375.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set on the west line of Teel Parkway;
THENCE N 89°59'16" E to the POINT OF BEGINNING, with the subject tract containing
131,425 square feet, or 3.017 acres of land.
The remaining tract containing 256.135 acres of land.
Bearing system based North Central Zone of the Texas State Plane Coordinate System.
This document, prepared under 22 TAC 663.21, does not reflect the results of an on the ground
survey, and is not to be used to convey or establish interests in real property except those rights
and interest supplied or established by the creation or reconfiguration of the boundary of the
political subdivision for which it was prepared.
Item 4b
Prosper is a place where everyone matters.
MONTHLY FINANCIAL REPORT
DECEMBER 2014
Prepared by
Finance Department
January 23, 2015
Item 4c
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
DECEMBER 2014
Contents
Dashboard Charts 1
General Fund 3
TIRZ #1 ‐ Blue Star Fund 4
TIRZ #2 ‐ Matthews Southwest 5
Water‐Sewer Fund 6
Interest and Sinking Fund 7
Internal Service Fund 8
Vehicle and Equipment Replacement Fund 9
Storm Drainage Utility Fund 10
Park Dedication and Improvement Fund 11
Water Impact Fees Fund 12
Wastewater Impact Fees Fund 13
Thoroughfare Impact Fees Fund 14
Special Revenue Fund 15
Capital Projects Fund‐General 16
Capital Projects Fund‐Water/Sewer 17
Detail‐All Funds 18
Legend
"Compare to" refers to percentage of fiscal year completed‐e.g., 25.00% = 3/12, or December.
Parentheses around a number indicate credit amount or gain‐e.g., Sales Taxes (805,190)
Red, yellow, and green traffic lights indicate status of number compared to percentage of
fiscal year completed‐e.g., Sales Taxes 27.54
Item 4c
$‐
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept
Town of Prosper, Texas
Sales Tax Revenue by Month
FY 12/13 FY 13/14 FY 14/15
$1,950,000
$487,500
$585,950
$0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,00
Total Budget
YTD Budget
YTD Actual
Building Permit Revenues
1
Item 4c
$14,415,741
$3,603,935
$2,867,143
$14,506,034
$3,626,509
$6,356,934
$0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000
Total Budget
YTD Budget
YTD Actual
General Fund Revenues and Expenditures
Revenues Expenditures
Water ‐Sewer Fund Revenues and Expenditures
$10,357,475
$2,589,369
$1,627,631
$10,295,293
$2,573,823
$2,478,207
$0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000
Total Budget
YTD Budget
YTD Actual
Revenues Expenditures
2
Item 4c
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
DECEMBER 2014
COMPARE TO:25.00%
Current Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
GENERAL FUND
[1] Property Taxes ‐Current (6,865,290) (4,335,948) (3,819,511) 63.16
Sales Taxes (2,923,823) (805,190) (287,946) 27.54
[2] Franchise Fees (562,000) (40,451) ‐ 7.20
Building Permits (1,950,000) (585,950) (192,895) 30.05
Fines (245,000) (69,753) (24,421) 28.47
[3] Other (1,959,921) (519,643) (223,840) 26.51
Total Revenues (14,506,034) (6,356,934) (4,548,613) 43.82
01 Town Manager 671,741 144,647 55,683 21.53
02 Town Secretary 213,632 30,804 11,064 14.42
03 Finance 781,143 190,152 66,889 24.34
04 Human Resources 230,814 46,899 19,694 20.32
70 Municipal Court 204,122 43,389 16,103 21.26
Subtotal Administration 2,101,452 455,891 169,434 21.69
20 Police 2,020,372 363,571 114,215 18.00
[4] 25 Dispatch 663,120 168,049 61,622 25.34
Subtotal Police 2,683,492 531,619 175,837 19.81
30 Fire/EMS 3,380,104 569,664 176,662 16.85
35 Fire Marshal 144,158 27,373 8,996 18.99
Subtotal Fire 3,524,262 597,037 185,659 16.94
40 Streets 448,935 117,968 72,962 26.28
45 Public Library 175,192 33,105 8,043 18.90
60 Parks and Recreation 1,537,467 294,266 95,607 19.14
80 Inspections 953,217 152,583 54,999 16.01
85 Code Enforcement 164,583 16,387 6,277 9.96
90 Planning 493,084 84,610 27,533 17.16
Subtotal Development Services 1,610,884 253,580 88,809 15.74
98 Engineering 703,938 150,184 55,640 21.33
[5] 99 Non‐departmental 1,630,119 433,493 117,825 26.59
Total Expenses 14,415,741 2,867,143 969,815 19.89
(Gain)/Loss (90,293) (3,489,791) (3,578,798)
[1] Property taxes are billed in October, and the majority of collections occur December through February.
[2] Franchise Fee revenue includes an estimate of $345,000 for electric franchise fees, received 30 days after
each quarter end from CoServ and annually in June from Oncor; and $68,500 for gas franchise fees from
Atmos and CoServ, received annually in February‐March.
[3] Other Revenue includes an estimate of $237,170 for ambulance charges for service.
[4] Year to date expenditures for Dispatch include $34,360 for annual software licensing renewals.
[5] The Non‐Departmental year to date actual includes $83,659 to TML for the General Fund's portion of
the annual payment for property and liability insurance.
3
Item 4c
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
DECEMBER 2014
COMPARE TO:25.00%
Current Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
[1]TIRZ #1 ‐ BLUE STAR
Property Taxes ‐ ‐ ‐ ‐
Other Revenue ‐ ‐ ‐ ‐
Transfer In ‐ ‐ ‐ ‐
Total Revenue ‐ ‐ ‐ ‐
Professional Services ‐ 7,500 ‐ ‐
Transfers Out ‐ ‐ ‐ ‐
Total Expenses ‐ 7,500 ‐ ‐
(Gain)/Loss ‐ 7,500 ‐
[1] The TIRZ #1 Fund is new and has not received any tax revenue from the zone's tax increment.
4
Item 4c
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
DECEMBER 2014
COMPARE TO:25.00%
Current Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
[1]TIRZ #2 ‐ MATTHEWS SOUTHWEST
Property Taxes ‐ ‐ ‐ ‐
Other Revenue ‐ ‐ ‐ ‐
Transfer In ‐ ‐ ‐ ‐
Total Revenue ‐ ‐ ‐ ‐
Professional Services ‐ ‐ ‐ ‐
Transfers Out ‐ ‐ ‐ ‐
Total Expenses ‐ ‐ ‐ ‐
(Gain)/Loss ‐ ‐ ‐
[1] The TIRZ #2 Fund is new and has not received any tax revenue from the zone's tax increment.
5
Item 4c
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
DECEMBER 2014
COMPARE TO:25.00%
Current Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
WATER‐SEWER FUND
[1] Water revenues (6,281,250) (1,490,115) (371,913) 23.72
Sewer revenues (2,997,000) (709,459) (236,042) 23.67
Sanitation revenues (1,017,043) (278,633) (92,173) 27.40
Total Revenues (10,295,293) (2,478,207) (700,129) 24.07
50 Water 3,691,905 700,294 305,793 18.97
55 Sewer 1,719,239 463,142 117,961 26.94
57 Utility Billing 1,033,566 185,410 88,424 17.94
99 Non‐departmental 3,912,765 278,786 83,168 7.13
Total Expenses 10,357,475 1,627,631 595,347 15.71
(Gain)/Loss 62,182 (850,576) (104,781)
[1]Water revenues are cyclical and vary by month, as shown in the table below:
Percent of Sales
by Month Year to Date
October 8.65%8.65%
November 7.51%16.16%
December 4.96%21.12%
January 4.04%25.16%
February 4.02%29.18%
March 4.30%33.48%
April 5.88%39.36%
May 7.17%46.53%
June 9.59%56.12%
July 13.57% 69.69%
August 16.41% 86.10%
September 13.91% 100.00%
6
Item 4c
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
DECEMBER 2014
COMPARE TO:25.00%
Current Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
INTEREST and SINKING FUND
Property Taxes ‐Delinquent (50,000) (3,682) (723) 7.36
[1] Property Taxes ‐Current (2,870,065) (1,992,110) (1,754,837) 69.41
[2] Taxes ‐Penalties (20,000) 1,745 234 (8.72)
Interest Income (15,000) (4,340) (1,864) 28.93
Total Revenues (2,955,065) (1,998,387) (1,757,190) 67.63
2013 GO Ref Bond 287,200 ‐ ‐ ‐
2010 Tax Note Payment 370,175 ‐ ‐ ‐
2011 Ref Bond Payment 176,616 ‐ ‐ ‐
2012 GO Bond Payment 112,413 ‐ ‐ ‐
2006 Bond Payment 453,413 ‐ ‐ ‐
2008 CO Bond Payment 1,079,049 ‐ ‐ ‐
Bond Administrative Fees 21,000 1,200 400 5.71
2014 GO Bond Payment 370,199 ‐ ‐ ‐
Total Expenses 2,870,065 1,200 400 0.04
(Gain)/Loss (85,000) (1,997,187) (1,756,790)
[1]
[2]Refunds related to penalties are greater than collections, thus the 'negative' revenue.
Property taxes are billed in October and the majority of collections occur December through February.
7
Item 4c
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
DECEMBER 2014
COMPARE TO:25.00%
Current Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
INTERNAL SERVICE FUND‐MEDICAL EXPENSE REIMBURSEMENT PROGRAM
[1] Charges for Services (25,000) (4,365) (4,365) 17.46
Interest Income (250) (161) (56) 64.44
[1] Transfer In (19,400) (600) (200) 3.09
Total Revenue (44,650) (5,126) (4,621) 11.48
[2] MERP H & D Expense 30,000 2,800 ‐ 9.33
Total Expenses 30,000 2,800 ‐ 9.33
(Gain)/Loss (14,650) (2,326) (4,621)
[1] Beginning in FY 2014, contributions from the General Fund were discontinued. Based on recent trends,
the ISF is currently able to absorb costs by using existing fund balance, which is approximately $94,000.
The fund continues to receive small monthly contributions from the Water‐Sewer and Drainage funds.
[2] Expenses vary throughout the year based on actual claims activity.
8
Item 4c
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
DECEMBER 2014
COMPARE TO:25.00%
Current Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
VEHICLE AND EQUIPMENT REPLACEMENT FUND
Charges for Services (486,195) (133,505) (44,502) 27.46
[1] Other Reimbursements (50,000) (9,976) (9,976) 19.95
[2] Transfers In (800,000) ‐ ‐ ‐
Total Revenue (1,336,195) (143,482) (54,478) 10.74
Vehicle Replacement 552,000 ‐ ‐ ‐
Equipment Replacement 95,000 ‐ ‐ ‐
I/T Equipment Replacement 150,010 ‐ ‐ ‐
Total Expenses 797,010 ‐ ‐ ‐
(Gain)/Loss (539,185) (143,482) (54,478)
[1] Auction revenues and insurance reimbursements are placed in the Other Reimbursements account
as they occur.
[2]The Vehicle and Equipment Replacement Fund (VERF) was established in FY 2014 with an $800,000 transfer
from fund balance in the General Fund; a second transfer is scheduled in FY 2015 for the same amount. These
transfers provide start‐up funding for vehicle, field equipment, and computer equipment replacements
scheduled for FY 2015.
9
Item 4c
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
DECEMBER 2014
COMPARE TO:25.00%
Current Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
STORM DRAINAGE UTILITY FUND
0‐00 Storm Drainage Utility Fee (270,400) (66,179) (22,292) 24.47
0‐00 Interest Storm Utility (1,600) (120) (42) 7.48
Total Revenue (272,000) (66,298) (22,334) 24.37
Personnel Expenses 113,562 10,577 3,674 9.31
[1] Program Expenses 169,624 28,909 1,392 17.04
Total Expenses 283,186 39,486 5,066 13.94
(Gain)/Loss 11,186 (26,813) (17,268)
[1] Program Expenses budget includes a $96,680 debt service payment for a share of the 2012
Certificates of Obligation.
10
Item 4c
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
DECEMBER 2014
COMPARE TO:25.00%
Current Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
PARK DEDICATION AND IMPROVEMENT FUND
0‐00 Park Dedication‐Fees (200,000) (18,280) ‐ 9.14
0‐00 Park Improvement (300,000) (18,000) ‐ 6.00
0‐00 Interest‐Park Dedication (1,500) (1,214) (471) 80.91
0‐00 Interest‐Park Improvements (500) (971) (375) 194.21
Total Revenue (502,000) (38,465) (846) 7.66
0‐00Miscellaneous Expense ‐ 20 ‐ ‐
0‐00Professional Services‐Pk Improvements ‐ ‐ ‐ ‐
0‐00Capital Exp‐Pk Improvements 125,000 ‐ ‐ ‐
0‐00Capital Exp‐Pk Dedication 89,000 ‐ ‐ ‐
Total Expenses 214,000 20 ‐ 0.01
(Gain)/Loss (288,000) (38,445) (846)
11
Item 4c
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
DECEMBER 2014
COMPARE TO:25.00%
Current Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
WATER IMPACT FEES FUND
9‐00 Impact Fees ‐Water (2,145,000) (571,589) (223,315) 26.65
9‐00 Interest‐Water Impact Fee (3,500) (3,600) (1,536) 102.87
Total Revenue (2,148,500) (575,189) (224,851) 26.77
Capital Expenditure‐Water 926,887 33,461 10,590 3.61
Total Expenses 926,887 33,461 10,590 3.61
(Gain)/Loss (1,221,613) (541,729) (214,261)
12
Item 4c
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
DECEMBER 2014
COMPARE TO:25.00%
Current Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
WASTEWATER IMPACT FEES FUND
9‐00 Impact Fees ‐Wastewater (375,650) (108,584) (39,458) 28.91
9‐00 Interest‐Wastewater Impact Fee (1,500) (2,096) (895) 139.75
Total Revenue (377,150) (110,680) (40,353) 29.35
Capital Expenditure ‐ Wastewater 136,600 ‐ ‐ ‐
Total Expenses 136,600 ‐ ‐ ‐
(Gain)/Loss (240,550) (110,680) (40,353)
13
Item 4c
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
DECEMBER 2014
COMPARE TO:25.00%
Current Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
THOROUGHFARE IMPACT FEES FUND
9‐00 Thoroughfare Impact Fees (1,444,000) (319,008) (97,094) 22.09
9‐00 West Thoroughfare Impact Fees ‐ (242,255) (108,083) ‐
9‐00 Interest‐Thoroughfare Impact Fee (3,500) (1,532) (651) 43.76
9‐00 Interest‐West Thoroughfare Impact Fee (1,000) (545) (233) 54.51
Total Revenue (1,448,500) (563,339) (206,061) 38.89
9‐00 Professional Svcs.‐Thoroughfare ‐ 5,042 1,324 ‐
[1] Professional Svcs.‐West Thoroughfare ‐ 7,778 ‐ ‐
9‐00 Capital Exp.‐Thoroughfare 1,905,000 95,440 ‐ 5.01
[1] Capital Exp.‐West Thoroughfare ‐ 278,700 ‐ ‐
Total Expenses 1,905,000 386,959 1,324 20.31
(Gain)/Loss 456,500 (176,380) (204,737)
[1] Year to date expenditures include $286,478 to DCFWSD #10 from West Thoroughfare Impact Fees for the Town's
participation in the Teel Parkway Paving and Drainage Improvements project.
14
Item 4c
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
DECEMBER 2014
COMPARE TO:25.00%
Current Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
SPECIAL REVENUE FUND
Police Donation Inc (8,000) (4,797) (2,606) 59.96
Fire Dept‐Donation Inc (9,360) (2,257) (748) 24.11
Child Safety Inc (7,000) (3,661) (531) 52.30
Court Security Revenue (5,280) (1,319) (449) 24.98
Court Technology Revenue (7,020) (1,746) (591) 24.88
Interest Income (3,720) (968) (333) 26.01
Country Xmas Donations (10,000) (10,740) (2,200) 107.40
Escrow Income ‐ (190,957) (156,101) ‐
Cash Seizure/Forfeiture ‐ (13,421) 339 ‐
Total Revenue (50,380) (229,866) (163,219) 456.26
[1] Country Xmas Expense 10,000 27,671 1,157 276.71
[2] Court Technology Expense 13,133 3,467 3,467 26.40
Court Security Expense 4,000 143 71 3.57
[3] Police Donation Expense 6,000 4,150 4,150 69.17
Fire Donation Expense ‐ 397 ‐ ‐
Child Safety Expense 25,000 ‐ ‐ ‐
Tree Mitigation Expense 14,000 ‐ ‐ ‐
LEOSE (Law Enforcement Education)‐ 590 590 ‐
PD Seizure Expense 3,000 ‐ ‐ ‐
Total Expenses 75,133 36,417 9,435 48.47
(Gain)/Loss 24,753 (193,449) (153,784)
[1] The corrected budget of $30,000 for the Christmas Festival was approved 1/13/2015.
Of the total estimated cost, $20,000 was budgeted in the General Fund, consistent with prior years. It is being
moved to the Special Revenue Fund to show the total cost of the Festival in one place.
15
Item 4c
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
DECEMBER 2014
COMPARE TO:25.00%
Current Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
CAPITAL PROJECTS FUND‐GENERAL
Contributions (19,696,900) ‐ ‐ ‐
Interest‐2004 Bond (1,500) (510) (173) 34.02
Interest‐2006 Bond (100) (90) (36) 89.71
Interest‐2008 Bond (5,000) (3,427) (1,155) 68.53
Interest‐2012 GO Bond (5,000) (2,635) (884) 52.70
[1] Transfers In (1,140,000) (243,000) (81,000) 21.32
Total Revenues (20,848,500) (249,662) (83,248) 1.20
Capital Expenditures 28,407,055 619,981 180,665 2.18
Total Expenditures 28,407,055 619,981 180,665 2.18
(Gain)/Loss 7,558,555 370,319 97,417
[1] Transfers In includes General Fund monthly contributions toward $972,000 approved by Council for Preston Road
Illumination ($415,000), Downtown Enhancements ($75,000), Central Irrigation Control for Parks ($57,000), and
Southwest Corner Field Lighting at Frontier Park ($425,000).
16
Item 4c
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
DECEMBER 2014
COMPARE TO:25.00%
Current Current Current
Year YTD Month Percent YTD
Amended Budget Actual Actual %
CAPITAL PROJECTS FUND‐WATER/SEWER
Interest Income (25,500) (8,794) (2,947) 34.49
[1] Transfers In (379,081) (33,520) (11,173) 8.84
Total Revenue (404,581) (42,314) (14,120) 10.46
[2] Construction 2,382,500 274,076 43,148 11.50
Total Expenses 2,382,500 274,076 43,148 11.50
(Gain)/Loss 1,977,919 231,761 29,028
[1]
[2] Year to date expenses include $230,928 for Custer Road Pump Station Improvements and $43,148 for
30" Upper Plane Water Line.
The budget of $379,081 includes $245,000 from the Water and Sewer Fund for LaCima Lift Station #1, $127,081
from Water Impact Fees for Lower Pressure Plane Pump Station and Water Line, and $7,000 from the Storm
Drainage Utility Fund for Crooked Stick drainage improvements. Because the La Cima Lift Station project is no
longer expected to become active during FY 2015, transfers will not be made for this project.
17
Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 10‐4035‐10‐00 3% Construction Fee (100,000.00) (100,000.00) (142,811.89) (80,655.73) 142.81 42,811.89 10‐4061‐10‐00 Notary Fees (200.00) (200.00) (70.00) (25.00) 35.00 (130.00) 10‐4105‐10‐00 Property Taxes ‐Delinquent (75,000.00) (75,000.00) (6,213.36) (1,210.11) 8.28 (68,786.64) 10‐4110‐10‐00 Property Taxes ‐Current (6,865,290.00) (6,865,290.00) (4,335,948.31) (3,819,510.73) 63.16 (2,529,341.69) 10‐4115‐10‐00 Taxes ‐Penalties (30,000.00) (30,000.00) 264.94 861.29 (0.88) (30,264.94) 10‐4120‐10‐00 Sales Taxes (2,923,823.00) (2,923,823.00) (805,189.51) (287,945.74) 27.54 (2,118,633.49) 10‐4130‐10‐00 Sales Tax‐Mixed Beverage (10,000.00) (10,000.00) ‐ (10,000.00) 10‐4140‐10‐00 Franchise Taxes ‐ Electric (345,000.00) (345,000.00) ‐ (345,000.00) 10‐4150‐10‐00 Franchise Taxes ‐ Telephone (125,000.00) (125,000.00) (33,396.46) 26.72 (91,603.54) 10‐4160‐10‐00 Franchise Taxes ‐ Gas (68,500.00) (68,500.00) ‐ (68,500.00) 10‐4170‐10‐00 Franchise Taxes ‐ Road Usage (3,500.00) (3,500.00) (1,525.06) 43.57 (1,974.94) 10‐4190‐10‐00 Franchise Fee‐Cable (20,000.00) (20,000.00) (5,529.27) 27.65 (14,470.73) 10‐4200‐10‐00 T‐Mobile Fees (23,808.00) (23,808.00) (5,951.25) (1,983.75) 25.00 (17,856.75) 10‐4201‐10‐00 Tierone Converged Network (18,000.00) (18,000.00) (4,500.00) (1,500.00) 25.00 (13,500.00) 10‐4202‐10‐00 NTTA Tag Sales (150.00) (150.00) (40.00) 26.67 (110.00) 10‐4205‐10‐00 Internet America (18,000.00) (18,000.00) (4,500.00) (1,500.00) 25.00 (13,500.00) 10‐4218‐10‐00 Administrative Fees‐EDC (7,500.00) (7,500.00) (1,875.00) (625.00) 25.00 (5,625.00) 10‐4230‐10‐00 Other Permits (60.00) ‐ 60.00 10‐4610‐10‐00 Interest Income (50,000.00) (50,000.00) (8,720.37) (4,002.79) 17.44 (41,279.63) 10‐4910‐10‐00 Other Revenue (40,000.00) (40,000.00) (17,374.44) (11,998.59) 43.44 (22,625.56) 10‐4995‐10‐00 Transfer In (877,403.00) (877,403.00) (217,618.23) (72,539.41) 24.80 (659,784.77) Subtotal object ‐ 0 (11,601,174.00) (11,601,174.00) (5,591,058.21) (4,282,635.56) 48.19 (6,010,115.79) Program number: (11,601,174.00) (11,601,174.00) (5,591,058.21) (4,282,635.56) 48.19 (6,010,115.79) Department number: 10 Administration (11,601,174.00) (11,601,174.00) (5,591,058.21) (4,282,635.56) 48.19 (6,010,115.79) 10‐4230‐20‐00 Other Permits (600.00) (600.00) (75.00) (25.00) 12.50 (525.00) 10‐4440‐20‐00 Accident Reports (600.00) (600.00) (206.00) (64.00) 34.33 (394.00) 10‐4450‐20‐00 Alarm Fee (35,200.00) (35,200.00) (7,836.00) (2,112.00) 22.26 (27,364.00) 10‐4910‐20‐00 Other Revenue (1,000.00) (1,000.00) (291.00) (151.00) 29.10 (709.00) Subtotal object ‐ 0 (37,400.00) (37,400.00) (8,408.00) (2,352.00) 22.48 (28,992.00) Program number: (37,400.00) (37,400.00) (8,408.00) (2,352.00) 22.48 (28,992.00) Department number: 20 Police (37,400.00) (37,400.00) (8,408.00) (2,352.00) 22.48 (28,992.00) 10‐4310‐30‐00 Charges for Services (237,170.00) (237,170.00) (2,579.44) 1.09 (234,590.56) 10‐4411‐30‐00 CC FIRE ASSOC (315.85) ‐ 315.85 10‐4510‐30‐00 Grants (3,000.00) (3,000.00) (610.00) (610.00) 20.33 (2,390.00) 10‐4910‐30‐00 Other Revenue (500.00) (500.00) (95.40) 19.08 (404.60) Subtotal object ‐ 0 (240,670.00) (240,670.00) (3,600.69) (610.00) 1.50 (237,069.31) Program number: (240,670.00) (240,670.00) (3,600.69) (610.00) 1.50 (237,069.31) Department number: 30 Fire/EMS (240,670.00) (240,670.00) (3,600.69) (610.00) 1.50 (237,069.31) 10‐4315‐35‐00 Fire Review/Inspect Fees (11,000.00) (11,000.00) (6,275.00) (800.00) 57.05 (4,725.00) Subtotal object ‐ 0 (11,000.00) (11,000.00) (6,275.00) (800.00) 57.05 (4,725.00) Program number: (11,000.00) (11,000.00) (6,275.00) (800.00) 57.05 (4,725.00) Department number: 35 Fire Marshal (11,000.00) (11,000.00) (6,275.00) (800.00) 57.05 (4,725.00) 10‐4910‐40‐00 Other Revenue (5,760.00) (3,960.00) ‐ 5,760.00 Subtotal object ‐ 0 (5,760.00) (3,960.00) ‐ 5,760.00 Program number: (5,760.00) (3,960.00) ‐ 5,760.00 Department number: 40 Streets (5,760.00) (3,960.00) ‐ 5,760.00 10‐4062‐45‐00 Over Due Fees (75.00) (75.00) ‐ (75.00) 10‐4063‐45‐00 Lost Fees (60.00) (60.00) (14.75) 24.58 (45.25) 10‐4064‐45‐00 Printing/Coping Fees (91.45) (58.40) ‐ 91.45 18Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 10‐4065‐45‐00 Book Fines (20.00) (20.00) (164.10) (130.10) 820.50 144.10 10‐4510‐45‐00 Grants (19,335.00) (19,335.00) ‐ (19,335.00) 10‐4910‐45‐00 Other Revenue (150.00) (150.00) (250.00) (250.00) 166.67 100.00 Subtotal object ‐ 0 (19,640.00) (19,640.00) (520.30) (438.50) 2.65 (19,119.70) Program number: (19,640.00) (19,640.00) (520.30) (438.50) 2.65 (19,119.70) Department number: 45 Public Library (19,640.00) (19,640.00) (520.30) (438.50) 2.65 (19,119.70) 10‐4056‐60‐00 Field Rental Fees (17,000.00) (17,000.00) (135.00) (45.00) 0.79 (16,865.00) 10‐4057‐60‐00 Pavilion User Fees (3,500.00) (3,500.00) (255.00) 7.29 (3,245.00) 10‐4058‐60‐00 Park Program Fees (23,500.00) (23,500.00) (4,607.71) (2,617.11) 19.61 (18,892.29) 10‐4910‐60‐00 Other Revenue (250.00) (250.00) ‐ (250.00) Subtotal object ‐ 0 (44,250.00) (44,250.00) (4,997.71) (2,662.11) 11.29 (39,252.29) Program number: (44,250.00) (44,250.00) (4,997.71) (2,662.11) 11.29 (39,252.29) Department number: 60 Parks and Recreation (44,250.00) (44,250.00) (4,997.71) (2,662.11) 11.29 (39,252.29) 10‐4410‐70‐00 Fines (245,000.00) (245,000.00) (69,752.94) (24,421.27) 28.47 (175,247.06) 10‐4610‐70‐00 Interest Income (700.00) (700.00) (474.12) (170.05) 67.73 (225.88) Subtotal object ‐ 0 (245,700.00) (245,700.00) (70,227.06) (24,591.32) 28.58 (175,472.94) Program number: (245,700.00) (245,700.00) (70,227.06) (24,591.32) 28.58 (175,472.94) Department number: 70 Municipal Court (245,700.00) (245,700.00) (70,227.06) (24,591.32) 28.58 (175,472.94) 10‐4017‐80‐00 Registration Fee (44,000.00) (44,000.00) (9,800.00) (4,900.00) 22.27 (34,200.00) 10‐4210‐80‐00 Building Permits (1,950,000.00) (1,950,000.00) (585,949.86) (192,895.19) 30.05 (1,364,050.14) 10‐4230‐80‐00 Other Permits (159,200.00) (159,200.00) (24,499.00) (11,559.00) 15.39 (134,701.00) 10‐4240‐80‐00 Plumb/Elect/Mech Permits (24,075.00) (24,075.00) (7,060.00) (2,260.00) 29.33 (17,015.00) 10‐4242‐80‐00 Re‐inspection Fees (24,600.00) (24,600.00) (7,825.00) (3,500.00) 31.81 (16,775.00) 10‐4910‐80‐00 Other Revenue (3,800.00) (3,800.00) (865.00) (230.00) 22.76 (2,935.00) Subtotal object ‐ 0 (2,205,675.00) (2,205,675.00) (635,998.86) (215,344.19) 28.84 (1,569,676.14) Program number: (2,205,675.00) (2,205,675.00) (635,998.86) (215,344.19) 28.84 (1,569,676.14) Department number: 80 Inspections (2,205,675.00) (2,205,675.00) (635,998.86) (215,344.19) 28.84 (1,569,676.14) 10‐4245‐85‐00 Health Inspections (9,525.00) (9,525.00) (2,700.00) (300.00) 28.35 (6,825.00) 10‐4910‐85‐00 Other Revenue (5,000.00) (5,000.00) (615.00) (615.00) 12.30 (4,385.00) Subtotal object ‐ 0 (14,525.00) (14,525.00) (3,315.00) (915.00) 22.82 (11,210.00) Program number: (14,525.00) (14,525.00) (3,315.00) (915.00) 22.82 (11,210.00) Department number: 85 Code Enforcement (14,525.00) (14,525.00) (3,315.00) (915.00) 22.82 (11,210.00) 10‐4220‐90‐00 Zoning Permits (35,000.00) (35,000.00) (3,132.82) (709.10) 8.95 (31,867.18) 10‐4225‐90‐00 Plat Fees (50,000.00) (50,000.00) (23,640.60) (13,595.60) 47.28 (26,359.40) 10‐4910‐90‐00 Other Revenue (1,000.00) (1,000.00) ‐ (1,000.00) Subtotal object ‐ 0 (86,000.00) (86,000.00) (26,773.42) (14,304.70) 31.13 (59,226.58) Program number: (86,000.00) (86,000.00) (26,773.42) (14,304.70) 31.13 (59,226.58) Department number: 90 Planning (86,000.00) (86,000.00) (26,773.42) (14,304.70) 31.13 (59,226.58) Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (14,506,034.00) (14,506,034.00) (6,356,934.25) (4,548,613.38) 43.82 (8,149,099.75) 10‐5110‐10‐01 Salaries & Wages 267,788.00 267,788.00 54,162.58 18,872.54 20.23 213,625.42 10‐5115‐10‐01 Salaries ‐ Overtime 4,852.00 4,852.00 708.93 299.64 14.61 4,143.07 10‐5126‐10‐01 Salaries‐Vacation Buy‐Out 7,028.00 7,028.00 3,200.00 45.53 3,828.00 10‐5140‐10‐01 Salaries ‐ Longevity Pay 200.00 200.00 195.00 97.50 5.00 10‐5142‐10‐01 Car Allowance 6,000.00 6,000.00 1,338.47 461.54 22.31 4,661.53 10‐5143‐10‐01 Cell Phone Allowance 1,080.00 1,080.00 180.00 90.00 16.67 900.00 10‐5145‐10‐01 Social Security Expense 12,141.00 12,141.00 818.05 286.57 6.74 11,322.95 10‐5150‐10‐01 Medicare Expense 4,018.00 4,018.00 830.65 270.99 20.67 3,187.35 10‐5155‐10‐01 SUTA Expense 414.00 414.00 ‐ 414.00 10‐5160‐10‐01 Health Insurance 11,785.00 11,785.00 1,456.63 685.68 12.36 10,328.37 19Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 10‐5165‐10‐01 Dental Insurance 626.00 626.00 122.69 51.12 19.60 503.31 10‐5170‐10‐01 Life Insurance/AD&D 302.00 302.00 94.51 39.38 31.30 207.49 10‐5175‐10‐01 Liability (TML) Workers' Comp 555.00 555.00 485.87 87.54 69.13 10‐5180‐10‐01 TMRS Expense 32,116.00 32,116.00 6,420.90 2,118.32 19.99 25,695.10 10‐5185‐10‐01 Long Term/Short Term Disabilit 456.00 456.00 ‐ 456.00 10‐5190‐10‐01 Contract Labor 17,500.00 17,500.00 2,400.00 680.00 13.71 15,100.00 10‐5210‐10‐01 Office Supplies 1,500.00 1,500.00 119.63 119.63 7.98 1,380.37 10‐5212‐10‐01 Building Supplies 500.00 500.00 ‐ 500.00 10‐5230‐10‐01 Dues,Fees,& Subscriptions 5,130.00 5,130.00 2,304.00 1,658.00 44.91 2,826.00 10‐5240‐10‐01 Postage and Delivery 750.00 750.00 8.40 8.40 1.12 741.60 10‐5250‐10‐01 Publications 450.00 450.00 ‐ 450.00 10‐5280‐10‐01 Printing and Reproduction 1,000.00 1,000.00 ‐ 1,000.00 10‐5330‐10‐01 Copier Expense 10,000.00 10,000.00 3,420.00 34.20 6,580.00 10‐5340‐10‐01 Building Repairs 1,000.00 1,000.00 ‐ 1,000.00 10‐5410‐10‐01 Professional Services 25,000.00 20,000.00 45,000.00 9,025.00 3,000.00 32,350.00 20.06 3,625.00 10‐5418‐10‐01 IT Fees 135,000.00 135,000.00 34,185.90 11,434.70 100,814.10 25.32 10‐5430‐10‐01 Legal Fees 46,250.00 46,250.00 12,393.85 12,393.85 26.80 33,856.15 10‐5480‐10‐01 Contracted Services 950.00 950.00 246.67 62.56 25.97 703.33 10‐5520‐10‐01 Telephones 24,000.00 24,000.00 2,490.87 993.98 5,908.37 10.38 15,600.76 10‐5524‐10‐01 Gas‐Building 500.00 500.00 139.93 54.14 27.99 360.07 10‐5525‐10‐01 Electricity 10,000.00 10,000.00 1,466.13 405.30 14.66 8,533.87 10‐5526‐10‐01 Data Network 15,000.00 15,000.00 5,013.55 1,696.51 33.42 9,986.45 10‐5530‐10‐01 Travel/Lodging/Meals Expense 5,000.00 5,000.00 821.13 16.42 4,178.87 10‐5533‐10‐01 Mileage Expense 1,250.00 1,250.00 303.13 24.25 946.87 10‐5536‐10‐01 Training/Seminars 1,600.00 1,600.00 295.00 18.44 1,305.00 Subtotal object ‐ 0 651,741.00 20,000.00 671,741.00 144,647.47 55,682.85 139,072.47 21.53 388,021.06 Program number: 1 Town Manager 651,741.00 20,000.00 671,741.00 144,647.47 55,682.85 139,072.47 21.53 388,021.06 10‐5110‐10‐02 Salaries & Wages 68,205.00 68,205.00 16,222.50 5,665.00 23.79 51,982.50 10‐5126‐10‐02 Salaries‐Vacation Buy‐Out 644.00 644.00 ‐ 644.00 10‐5140‐10‐02 Salaries ‐ Longevity Pay 90.00 90.00 90.00 100.00 10‐5143‐10‐02 Cell Phone Allowance 270.00 90.00 ‐ (270.00) 10‐5145‐10‐02 Social Security Expense 4,274.00 4,274.00 1,028.41 356.95 24.06 3,245.59 10‐5150‐10‐02 Medicare Expense 1,000.00 1,000.00 240.51 83.48 24.05 759.49 10‐5155‐10‐02 SUTA Expense 207.00 207.00 ‐ 207.00 10‐5170‐10‐02 Life Insurance/AD&D 95.00 95.00 37.82 15.76 39.81 57.18 10‐5175‐10‐02 Liability (TML) Workers' Comp 171.00 171.00 149.70 87.54 21.30 10‐5180‐10‐02 TMRS Expense 7,988.00 7,988.00 1,780.96 618.09 22.30 6,207.04 10‐5185‐10‐02 Long Term/Short Term Disabilit 156.00 156.00 ‐ 156.00 10‐5193‐10‐02 Records Retention 1,000.00 1,000.00 120.39 12.04 879.61 10‐5210‐10‐02 Office Supplies 1,000.00 1,000.00 97.48 97.48 9.75 902.52 10‐5230‐10‐02 Dues,Fees,& Subscriptions 1,000.00 1,000.00 55.00 40.00 5.50 945.00 10‐5240‐10‐02 Postage and Delivery 750.00 750.00 1.44 1.44 0.19 748.56 10‐5310‐10‐02 Rental Expense 5,000.00 5,000.00 841.76 182.45 16.84 4,158.24 10‐5430‐10‐02 Legal Fees 10,000.00 10,000.00 2,530.31 2,530.31 25.30 7,469.69 10‐5435‐10‐02 Legal Notices/Filings 5,000.00 5,000.00 1,253.55 1,155.30 25.07 3,746.45 10‐5460‐10‐02 Election Expense 15,000.00 15,000.00 14.00 0.09 14,986.00 10‐5480‐10‐02 Contracted Services 39,702.00 39,702.00 375.00 39,302.10 0.95 24.90 10‐5530‐10‐02 Travel/Lodging/Meals Expense 5,000.00 5,000.00 801.16 16.02 4,198.84 10‐5533‐10‐02 Mileage Expense 1,000.00 1,000.00 67.36 6.74 932.64 20Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 10‐5536‐10‐02 Training/Seminars 1,600.00 1,600.00 320.00 20.00 1,280.00 10‐5538‐10‐02 Council/Public Official Expens 22,750.00 22,750.00 4,429.21 227.94 19.47 18,320.79 10‐5600‐10‐02 Special Events 22,000.00 22,000.00 77.93 0.35 21,922.07 Subtotal object ‐ 0 213,632.00 213,632.00 30,804.49 11,064.20 39,302.10 14.42 143,525.41 Program number: 2 Town Secretary 213,632.00 213,632.00 30,804.49 11,064.20 39,302.10 14.42 143,525.41 10‐5110‐10‐03 Salaries & Wages 372,679.00 372,679.00 83,069.47 28,761.74 22.29 289,609.53 10‐5115‐10‐03 Salaries ‐ Overtime 1,808.00 1,808.00 603.42 33.38 1,204.58 10‐5126‐10‐03 Salaries‐Vacation Buy‐Out 3,350.00 3,350.00 1,683.64 50.26 1,666.36 10‐5140‐10‐03 Salaries ‐ Longevity Pay 745.00 745.00 195.00 26.17 550.00 10‐5143‐10‐03 Cell Phone Allowance 1,080.00 1,080.00 180.00 90.00 16.67 900.00 10‐5145‐10‐03 Social Security Expense 22,593.00 22,593.00 5,049.57 1,665.80 22.35 17,543.43 10‐5150‐10‐03 Medicare Expense 5,505.00 5,505.00 1,186.07 394.70 21.55 4,318.93 10‐5155‐10‐03 SUTA Expense 1,125.00 1,125.00 ‐ 1,125.00 10‐5160‐10‐03 Health Insurance 33,102.00 33,102.00 5,812.28 2,292.20 17.56 27,289.72 10‐5165‐10‐03 Dental Insurance 1,564.00 1,564.00 316.94 127.80 20.27 1,247.06 10‐5170‐10‐03 Life Insurance/AD&D 558.00 558.00 143.31 58.40 25.68 414.69 10‐5175‐10‐03 Liability (TML) Workers' Comp 932.00 932.00 815.92 87.55 116.08 10‐5180‐10‐03 TMRS Expense 43,992.00 43,992.00 9,242.36 3,113.18 21.01 34,749.64 10‐5185‐10‐03 Long Term/Short Term Disabilit 855.00 855.00 ‐ 855.00 10‐5186‐10‐03 WELLE‐Wellness Prog Reimb Empl 1,800.00 1,800.00 324.00 135.00 18.00 1,476.00 10‐5190‐10‐03 Contract Labor 15,440.00 (1,800.00) 13,640.00 970.00 370.00 7.11 12,670.00 10‐5210‐10‐03 Office Supplies 1,500.00 1,500.00 1,065.97 334.97 71.07 434.03 10‐5212‐10‐03 Building Supplies 1,000.00 1,000.00 ‐ 1,000.00 10‐5220‐10‐03 Office Equipment 855.00 855.00 629.99 629.99 73.68 225.01 10‐5230‐10‐03 Dues,Fees,& Subscriptions 4,960.00 4,960.00 758.00 80.00 15.28 4,202.00 10‐5240‐10‐03 Postage and Delivery 750.00 750.00 391.84 359.03 52.25 358.16 10‐5265‐10‐03 Promotional Expense (306.00) ‐ 306.00 10‐5280‐10‐03 Printing and Reproduction 1,000.00 1,000.00 ‐ 1,000.00 10‐5310‐10‐03 Rental Expense 18,500.00 18,500.00 3,261.70 1,567.60 17,243.60 17.63 (2,005.30) 10‐5330‐10‐03 Copier Expense 20,520.00 20,520.00 1,710.00 1,710.00 8.33 18,810.00 10‐5340‐10‐03 Building Repairs 1,500.00 1,500.00 30.00 30.00 2.00 1,470.00 10‐5410‐10‐03 Professional Services 64,000.00 64,000.00 1,500.00 1,500.00 2.34 62,500.00 10‐5412‐10‐03 Audit Fees 40,000.00 40,000.00 16,750.00 15,250.00 41.88 8,000.00 10‐5414‐10‐03 Appraisal / Tax Fees 65,180.00 65,180.00 22,138.88 22,138.88 33.97 43,041.12 10‐5418‐10‐03 IT Fees 9,480.00 7,000.00 16,480.00 7,119.24 9,289.00 43.20 71.76 10‐5419‐10‐03 IT Licenses 19,500.00 (5,000.00) 14,500.00 12,500.00 86.21 2,000.00 10‐5430‐10‐03 Legal Fees 5,000.00 5,000.00 1,406.00 1,406.00 28.12 3,594.00 10‐5435‐10‐03 Legal Notices/Filings (26.30) (26.30) ‐ 26.30 10‐5480‐10‐03 Contracted Services 9,550.00 1,800.00 11,350.00 10,129.00 99.00 89.24 1,221.00 10‐5526‐10‐03 Data Network 51.47 51.47 ‐ (51.47) 10‐5530‐10‐03 Travel/Lodging/Meals Expense 7,500.00 (2,000.00) 5,500.00 ‐ 5,500.00 10‐5536‐10‐03 Training/Seminars 3,220.00 3,220.00 1,450.00 45.03 1,770.00 Subtotal object ‐ 0 781,143.00 781,143.00 190,151.77 66,889.46 41,782.60 24.34 549,208.63 Program number: 3 Finance 781,143.00 781,143.00 190,151.77 66,889.46 41,782.60 24.34 549,208.63 10‐5110‐10‐04 Salaries & Wages 101,783.00 101,783.00 22,287.60 7,685.38 21.90 79,495.40 10‐5126‐10‐04 Salaries‐Vacation Buy‐Out 961.00 961.00 1,921.36 199.93 (960.36) 10‐5140‐10‐04 Salaries ‐ Longevity Pay 85.00 85.00 80.00 94.12 5.00 10‐5145‐10‐04 Social Security Expense 6,413.00 6,413.00 1,374.99 422.02 21.44 5,038.01 10‐5150‐10‐04 Medicare Expense 1,500.00 1,500.00 321.57 98.70 21.44 1,178.43 21Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 10‐5155‐10‐04 SUTA Expense 207.00 207.00 ‐ 207.00 10‐5160‐10‐04 Health Insurance 11,781.00 11,781.00 2,256.32 856.80 19.15 9,524.68 10‐5165‐10‐04 Dental Insurance 313.00 313.00 61.34 25.56 19.60 251.66 10‐5170‐10‐04 Life Insurance/AD&D 95.00 95.00 50.40 21.00 53.05 44.60 10‐5175‐10‐04 Liability (TML) Workers' Comp 254.00 254.00 222.36 87.54 31.64 10‐5180‐10‐04 TMRS Expense 11,985.00 11,985.00 2,621.52 830.78 21.87 9,363.48 10‐5185‐10‐04 Long Term/Short Term Disabilit 233.00 233.00 ‐ 233.00 10‐5186‐10‐04 WELLE‐Wellness Prog Reimb Empl 600.00 600.00 120.00 50.00 20.00 480.00 10‐5191‐10‐04 Hiring Cost 25,050.00 25,050.00 399.96 309.90 1.60 24,650.04 10‐5210‐10‐04 Office Supplies 1,824.00 1,824.00 120.97 6.63 1,703.03 10‐5220‐10‐04 Office Equipment 5,500.00 5,500.00 895.00 16.27 4,605.00 10‐5230‐10‐04 Dues,Fees,& Subscriptions 5,530.00 5,530.00 249.00 4.50 5,281.00 10‐5240‐10‐04 Postage and Delivery 750.00 750.00 1.17 1.17 0.16 748.83 10‐5250‐10‐04 Publications 350.00 350.00 ‐ 350.00 10‐5280‐10‐04 Printing and Reproduction 2,000.00 2,000.00 ‐ 2,000.00 10‐5290‐10‐04 Miscellaneous Expense 5,000.00 5,000.00 282.86 (107.00) 5.66 4,717.14 10‐5410‐10‐04 Professional Services 32,000.00 (11,000.00) 21,000.00 1,486.62 826.58 7.08 19,513.38 10‐5419‐10‐04 IT Licenses 3,000.00 3,000.00 2,720.00 90.67 280.00 10‐5430‐10‐04 Legal Fees 10,000.00 10,000.00 6,023.00 6,023.00 60.23 3,977.00 10‐5530‐10‐04 Travel/Lodging/Meals Expense 4,600.00 4,600.00 ‐ 4,600.00 10‐5536‐10‐04 Training/Seminars 5,000.00 5,000.00 752.50 15.05 4,247.50 10‐5600‐10‐04 Special Events 5,000.00 5,000.00 2,650.00 2,650.00 53.00 2,350.00 Subtotal object ‐ 0 241,814.00 (11,000.00) 230,814.00 46,898.54 19,693.89 20.32 183,915.46 Program number: 4 Human Resources 241,814.00 (11,000.00) 230,814.00 46,898.54 19,693.89 20.32 183,915.46 Department number: 10 Administration 1,888,330.00 9,000.00 1,897,330.00 412,502.27 153,330.40 220,157.17 21.74 1,264,670.56 10‐5110‐20‐00 Salaries & Wages 1,187,364.00 1,187,364.00 200,389.39 69,375.02 16.88 986,974.61 10‐5115‐20‐00 Salaries ‐ Overtime 55,586.00 55,586.00 14,093.77 7,488.87 25.36 41,492.23 10‐5126‐20‐00 Salaries‐Vacation Buy‐Out 8,689.00 8,689.00 3,179.04 36.59 5,509.96 10‐5127‐20‐00 Salaries‐Certification Pay 14,580.00 14,580.00 3,529.34 1,186.14 24.21 11,050.66 10‐5140‐20‐00 Salaries ‐ Longevity Pay 4,215.00 4,215.00 4,215.00 100.00 10‐5143‐20‐00 Cell Phone Allowance 1,080.00 1,080.00 205.00 115.00 18.98 875.00 10‐5145‐20‐00 Social Security Expense 74,673.00 74,673.00 13,669.21 4,767.62 18.31 61,003.79 10‐5150‐20‐00 Medicare Expense 17,665.00 17,665.00 3,196.81 1,114.97 18.10 14,468.19 10‐5155‐20‐00 SUTA Expense 3,882.00 3,882.00 ‐ 3,882.00 10‐5160‐20‐00 Health Insurance 111,759.00 111,759.00 15,955.92 6,180.80 14.28 95,803.08 10‐5165‐20‐00 Dental Insurance 6,043.00 6,043.00 797.47 332.28 13.20 5,245.53 10‐5170‐20‐00 Life Insurance/AD&D 4,992.00 4,992.00 873.94 364.14 17.51 4,118.06 10‐5175‐20‐00 Liability (TML) Workers' Comp 27,440.00 27,440.00 24,022.34 87.55 3,417.66 10‐5180‐20‐00 TMRS Expense 139,390.00 139,390.00 24,654.05 8,658.59 17.69 114,735.95 10‐5185‐20‐00 Long Term/Short Term Disabilit 3,933.00 3,933.00 ‐ 3,933.00 10‐5186‐20‐00 WELLE‐Wellness Prog Reimb Empl 2,400.00 2,400.00 492.00 205.00 20.50 1,908.00 10‐5190‐20‐00 Contract Labor 6,000.00 6,000.00 1,680.00 560.00 28.00 4,320.00 10‐5192‐20‐00 Physical & Psychological 1,200.00 1,200.00 ‐ 1,200.00 10‐5210‐20‐00 Office Supplies 9,375.00 9,375.00 1,205.20 88.90 12.86 8,169.80 10‐5212‐20‐00 Building Supplies 900.00 900.00 109.00 12.11 791.00 10‐5214‐20‐00 Tactical Supplies 24,669.00 24,669.00 7,749.49 1,617.35 8,213.41 31.41 8,706.10 10‐5215‐20‐00 Ammunition 7,000.00 7,000.00 ‐ 7,000.00 10‐5220‐20‐00 Office Equipment 13,612.00 13,612.00 ‐ 13,612.00 10‐5230‐20‐00 Dues,Fees,& Subscriptions 8,500.00 8,500.00 131.97 38.99 1.55 8,368.03 22Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 10‐5240‐20‐00 Postage and Delivery 750.00 750.00 175.86 175.86 23.45 574.14 10‐5250‐20‐00 Publications 400.00 400.00 ‐ 400.00 10‐5260‐20‐00 Advertising 1,000.00 1,000.00 ‐ 1,000.00 10‐5265‐20‐00 Promotional Expense 1,500.00 1,500.00 ‐ 1,500.00 10‐5280‐20‐00 Printing and Reproduction 500.00 500.00 44.99 44.99 9.00 455.01 10‐5310‐20‐00 Rental Expense 4,200.00 4,200.00 1,299.60 324.90 30.94 2,900.40 10‐5335‐20‐00 Radio/Video Repairs 2,000.00 2,000.00 ‐ 2,000.00 10‐5340‐20‐00 Building Repairs 2,000.00 2,000.00 190.00 9.50 1,810.00 10‐5350‐20‐00 Vehicle Expense 50,000.00 50,000.00 3,318.43 911.27 6.64 46,681.57 10‐5352‐20‐00 Fuel 60,000.00 60,000.00 12,858.26 3,590.20 21.43 47,141.74 10‐5353‐20‐00 Oil/Grease/Inspections 2,500.00 2,500.00 79.50 39.75 3.18 2,420.50 10‐5400‐20‐00 Uniform Expense 17,000.00 17,000.00 1,153.85 345.45 6.79 15,846.15 10‐5410‐20‐00 Professional Services 1,600.00 1,600.00 ‐ 1,600.00 10‐5415‐20‐00 Tuition Reimbursement 3,450.00 2,250.00 ‐ (3,450.00) 10‐5418‐20‐00 IT Fees 3,950.00 3,950.00 ‐ 3,950.00 10‐5419‐20‐00 IT Licenses 3,000.00 3,000.00 ‐ 3,000.00 10‐5430‐20‐00 Legal Fees 7,550.00 7,550.00 1,394.82 1,394.82 18.47 6,155.18 10‐5480‐20‐00 Contracted Services 22,290.00 22,290.00 12,126.55 22.55 6,000.00 54.40 4,163.45 10‐5520‐20‐00 Telephones 16,200.00 16,200.00 1,904.17 721.53 11.75 14,295.83 10‐5524‐20‐00 Gas‐Building 400.00 400.00 82.80 20.70 317.20 10‐5525‐20‐00 Electricity 10,000.00 10,000.00 1,946.71 912.49 19.47 8,053.29 10‐5526‐20‐00 Data Network 13,760.00 13,760.00 839.46 419.73 6.10 12,920.54 10‐5530‐20‐00 Travel/Lodging/Meals Expense 8,225.00 8,225.00 ‐ 8,225.00 10‐5533‐20‐00 Mileage Expense 2,500.00 2,500.00 ‐ 2,500.00 10‐5536‐20‐00 Training/Seminars 20,600.00 20,600.00 2,054.00 465.00 9.97 18,546.00 10‐5600‐20‐00 Special Events 4,000.00 4,000.00 ‐ 4,000.00 10‐5630‐20‐00 Safety Equipment 28,500.00 28,500.00 503.00 503.00 1.77 27,997.00 10‐5640‐20‐00 Signs & Hardware 1,000.00 1,000.00 ‐ 1,000.00 Subtotal object ‐ 0 2,020,372.00 2,020,372.00 363,570.94 114,215.21 14,213.41 18.00 1,642,587.65 Program number: 2,020,372.00 2,020,372.00 363,570.94 114,215.21 14,213.41 18.00 1,642,587.65 Department number: 20 Police 2,020,372.00 2,020,372.00 363,570.94 114,215.21 14,213.41 18.00 1,642,587.65 10‐5110‐25‐00 Salaries & Wages 332,302.00 332,302.00 68,407.90 23,656.61 20.59 263,894.10 10‐5115‐25‐00 Salaries ‐ Overtime 13,952.00 13,952.00 2,168.04 639.74 15.54 11,783.96 10‐5126‐25‐00 Salaries‐Vacation Buy‐Out 3,040.00 3,040.00 751.20 24.71 2,288.80 10‐5127‐25‐00 Salaries‐Certification Pay 8,820.00 8,820.00 1,967.48 678.44 22.31 6,852.52 10‐5140‐25‐00 Salaries ‐ Longevity Pay 990.00 990.00 970.00 97.98 20.00 10‐5145‐25‐00 Social Security Expense 21,548.00 21,548.00 4,407.02 1,466.34 20.45 17,140.98 10‐5150‐25‐00 Medicare Expense 5,039.00 5,039.00 1,030.67 342.94 20.45 4,008.33 10‐5155‐25‐00 SUTA Expense 1,656.00 1,656.00 ‐ 1,656.00 10‐5160‐25‐00 Health Insurance 33,904.00 33,904.00 5,801.97 2,395.82 17.11 28,102.03 10‐5165‐25‐00 Dental Insurance 1,877.00 1,877.00 429.41 178.92 22.88 1,447.59 10‐5170‐25‐00 Life Insurance 662.00 662.00 132.38 55.16 20.00 529.62 10‐5175‐25‐00 Liability (TML) Workers' Comp 831.00 831.00 727.50 87.55 103.50 10‐5180‐25‐00 TMRS Expense 40,273.00 40,273.00 7,924.53 2,664.04 19.68 32,348.47 10‐5185‐25‐00 Long Term/Short Term Disabilit 711.00 711.00 ‐ 711.00 10‐5186‐25‐00 WELLE‐Wellness Prog Reimb Empl 2,400.00 2,400.00 204.00 85.00 8.50 2,196.00 10‐5192‐25‐00 Physical & Psychological 1,300.00 1,300.00 ‐ 1,300.00 10‐5210‐25‐00 Supplies 2,500.00 2,500.00 ‐ 2,500.00 10‐5212‐25‐00 Building Supplies 1,500.00 1,500.00 ‐ 1,500.00 23Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 10‐5220‐25‐00 Office Equipment 2,440.00 2,440.00 30.78 30.78 1.26 2,409.22 10‐5230‐25‐00 Dues,Fees,& Subscriptions 2,000.00 2,000.00 117.33 58.35 5.87 1,882.67 10‐5240‐25‐00 Postage and Delivery 100.00 100.00 ‐ 100.00 10‐5250‐25‐00 Publications 100.00 100.00 ‐ 100.00 10‐5280‐25‐00 Printing and Reproduction 100.00 100.00 ‐ 100.00 10‐5340‐25‐00 Building Repairs 1,800.00 1,800.00 569.55 569.55 31.64 1,230.45 10‐5400‐25‐00 Uniform Expense 2,500.00 2,500.00 35.99 1.44 2,464.01 10‐5418‐25‐00 IT Fees 4,500.00 4,500.00 ‐ 4,500.00 10‐5419‐25‐00 IT Licenses 5,000.00 5,000.00 ‐ 5,000.00 10‐5430‐25‐00 Legal Fees 2,450.00 2,450.00 ‐ 2,450.00 10‐5480‐25‐00 Contracted Services 152,825.00 152,825.00 72,267.00 28,800.00 47.29 80,558.00 10‐5520‐25‐00 Telephones 30.78 ‐ (30.78) 10‐5524‐25‐00 Gas‐Building 41.02 ‐ (41.02) 10‐5530‐25‐00 Travel/Lodging/Meals Expense 2,000.00 2,000.00 4.00 0.20 1,996.00 10‐5533‐25‐00 Mileage Expense 1,000.00 1,000.00 ‐ 1,000.00 10‐5536‐25‐00 Training/Seminars 12,000.00 12,000.00 30.00 0.25 11,970.00 10‐5600‐25‐00 Special Events 1,000.00 1,000.00 ‐ 1,000.00 Subtotal object ‐ 0 663,120.00 663,120.00 168,048.55 61,621.69 25.34 495,071.45 Program number: 663,120.00 663,120.00 168,048.55 61,621.69 25.34 495,071.45 Department number: 25 Dispatch Department 663,120.00 663,120.00 168,048.55 61,621.69 25.34 495,071.45 10‐5110‐30‐00 Salaries & Wages 2,105,209.00 2,105,209.00 299,145.54 105,682.34 14.21 1,806,063.46 10‐5115‐30‐00 Salaries ‐ Overtime 237,097.00 237,097.00 54,851.37 15,782.07 23.14 182,245.63 10‐5126‐30‐00 Salaries‐Vacation Buy‐Out 18,757.00 18,757.00 ‐ 18,757.00 10‐5127‐30‐00 Salaries‐Certification Pay 20,341.00 20,341.00 4,477.75 1,610.90 22.01 15,863.25 10‐5140‐30‐00 Salaries ‐ Longevity Pay 9,340.00 9,340.00 8,780.00 94.00 560.00 10‐5141‐30‐00 Salaries ‐ Incentive 1,650.00 1,650.00 ‐ (1,650.00) 10‐5143‐30‐00 Cell Phone Allowance 4,680.00 4,680.00 780.00 390.00 16.67 3,900.00 10‐5145‐30‐00 Social Security Expense 110,585.00 110,585.00 21,774.98 7,287.16 19.69 88,810.02 10‐5150‐30‐00 Medicare Expense 25,862.00 25,862.00 5,092.58 1,704.29 19.69 20,769.42 10‐5155‐30‐00 SUTA Expense 7,038.00 7,038.00 207.72 112.53 2.95 6,830.28 10‐5160‐30‐00 Health Insurance 107,116.00 107,116.00 28,128.26 11,225.60 26.26 78,987.74 10‐5165‐30‐00 Dental Insurance 6,257.00 6,257.00 1,165.54 485.64 18.63 5,091.46 10‐5170‐30‐00 Life Insurance/AD&D 6,302.00 6,302.00 1,260.48 525.20 20.00 5,041.52 10‐5171‐30‐00 Life Insurance‐Supplemental 8,000.00 8,000.00 7,920.00 99.00 80.00 10‐5175‐30‐00 Liability (TML) Workers Comp 35,184.00 35,184.00 30,801.84 87.55 4,382.16 10‐5180‐30‐00 TMRS Expense 206,677.00 206,677.00 38,728.82 12,925.99 18.74 167,948.18 10‐5185‐30‐00 Long Term/Short Term Disabilit 2,945.00 2,945.00 ‐ 2,945.00 10‐5186‐30‐00 WELLE‐Wellness Prog Reimb Empl 9,000.00 9,000.00 1,722.00 705.00 19.13 7,278.00 10‐5190‐30‐00 Contract Labor 720.00 720.00 ‐ 720.00 10‐5194‐30‐00 FD Annual Phy & Screening 20,000.00 20,000.00 339.50 1.70 19,660.50 10‐5210‐30‐00 Office Supplies 4,598.00 4,598.00 267.63 5.82 4,330.37 10‐5212‐30‐00 Building Supplies 4,000.00 4,000.00 1,007.36 818.26 25.18 2,992.64 10‐5230‐30‐00 Dues,Fees,& Subscriptions 4,800.00 4,800.00 3,719.68 115.00 77.49 1,080.32 10‐5240‐30‐00 Postage and Delivery 250.00 250.00 11.09 1.40 4.44 238.91 10‐5250‐30‐00 Publications 350.00 350.00 ‐ 350.00 10‐5280‐30‐00 Printing and Reproduction 1,200.00 1,200.00 403.95 33.66 796.05 10‐5320‐30‐00 Repairs & Maintenance 6,500.00 6,500.00 2,218.66 1,813.95 34.13 4,281.34 10‐5335‐30‐00 Radio/Video Repairs 14,700.00 14,700.00 1,035.87 7.05 13,664.13 10‐5340‐30‐00 Building Repairs 14,700.00 14,700.00 6,862.86 1,390.69 46.69 7,837.14 24Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 10‐5350‐30‐00 Vehicle Expense 35,000.00 35,000.00 921.81 261.43 2.63 34,078.19 10‐5352‐30‐00 Fuel 35,000.00 35,000.00 4,583.42 1,196.02 13.10 30,416.58 10‐5400‐30‐00 Uniform Expense 43,824.00 43,824.00 109.99 0.25 43,714.01 10‐5410‐30‐00 Professional Services 7,500.00 7,500.00 ‐ 7,500.00 10‐5418‐30‐00 IT Fees 7,500.00 7,500.00 ‐ 7,500.00 10‐5430‐30‐00 Legal Fees 2,000.00 2,000.00 133.00 133.00 6.65 1,867.00 10‐5440‐30‐00 EMS 96,000.00 96,000.00 14,291.93 5,486.91 55,807.79 14.89 25,900.28 10‐5445‐30‐00 Emergency Management Expense 27,100.00 27,100.00 11,300.00 41.70 15,800.00 10‐5480‐30‐00 Contracted Services 6,530.00 6,530.00 120.00 60.00 1.84 6,410.00 10‐5520‐30‐00 Telephones 20,500.00 20,500.00 1,624.05 568.93 4,523.94 7.92 14,352.01 10‐5524‐30‐00 Gas ‐ Building 7,000.00 7,000.00 602.73 440.44 8.61 6,397.27 10‐5525‐30‐00 Electricity 22,000.00 22,000.00 3,038.35 1,322.83 13.81 18,961.65 10‐5526‐30‐00 Data Network 12,442.00 12,442.00 4,624.71 1,668.84 37.17 7,817.29 10‐5530‐30‐00 Travel/Lodging/Meals Expense 3,000.00 3,000.00 688.10 (161.20) 22.94 2,311.90 10‐5533‐30‐00 Mileage Expense 1,500.00 1,500.00 424.98 308.60 28.33 1,075.02 10‐5536‐30‐00 Training/Seminars 18,000.00 18,000.00 3,289.94 18.28 14,710.06 10‐5610‐30‐00 Fire Fighting Equipment 18,000.00 18,000.00 926.33 519.50 5.15 17,073.67 10‐5630‐30‐00 Safety Equipment 25,000.00 25,000.00 631.10 631.10 2.52 24,368.90 Subtotal object ‐ 0 3,380,104.00 3,380,104.00 569,663.92 176,662.42 60,331.73 16.85 2,750,108.35 Program number: 3,380,104.00 3,380,104.00 569,663.92 176,662.42 60,331.73 16.85 2,750,108.35 Department number: 30 Fire/EMS 3,380,104.00 3,380,104.00 569,663.92 176,662.42 60,331.73 16.85 2,750,108.35 10‐5110‐35‐00 Salaries & Wages 86,828.00 86,828.00 18,941.44 6,553.60 21.82 67,886.56 10‐5115‐35‐00 Salaries ‐ Overtime 1,200.00 1,200.00 501.39 376.04 41.78 698.61 10‐5126‐35‐00 Salaries‐Vacation Buy‐Out 1,199.00 1,199.00 ‐ 1,199.00 10‐5140‐35‐00 Salaries ‐ Longevity Pay 635.00 635.00 630.00 99.21 5.00 10‐5143‐35‐00 Cell Phone Allowance 1,080.00 1,080.00 180.00 90.00 16.67 900.00 10‐5145‐35‐00 Social Security Expense 5,602.00 5,602.00 1,114.59 374.12 19.90 4,487.41 10‐5150‐35‐00 Medicare Expense 1,310.00 1,310.00 260.66 87.49 19.90 1,049.34 10‐5155‐35‐00 SUTA Expense 207.00 207.00 ‐ 207.00 10‐5160‐35‐00 Health Insurance 6,608.00 6,608.00 1,161.79 581.41 17.58 5,446.21 10‐5165‐35‐00 Dental Insurance 313.00 313.00 52.42 22.79 16.75 260.58 10‐5170‐35‐00 Life Insurance/AD&D 315.00 315.00 53.84 23.41 17.09 261.16 10‐5175‐35‐00 Liability (TML) Workers' Comp 1,787.00 1,787.00 1,564.43 87.55 222.57 10‐5180‐35‐00 TMRS Expense 10,469.00 10,469.00 2,175.15 753.90 20.78 8,293.85 10‐5185‐35‐00 Long Term/Short Term Disabilit 194.00 194.00 ‐ 194.00 10‐5186‐35‐00 WELLE‐Wellness Prog Reimb Empl 600.00 600.00 ‐ 600.00 10‐5193‐35‐00 Records Retention 250.00 250.00 ‐ 250.00 10‐5194‐35‐00 FD Annual Phy & Screening 651.00 651.00 ‐ 651.00 10‐5210‐35‐00 Supplies 300.00 300.00 ‐ 300.00 10‐5215‐35‐00 Ammunition 1,000.00 1,000.00 ‐ 1,000.00 10‐5220‐35‐00 Office Equipment 200.00 200.00 ‐ 200.00 10‐5230‐35‐00 Dues,Fees,& Subscriptions 600.00 600.00 ‐ 600.00 10‐5240‐35‐00 Postage and Delivery 60.00 60.00 5.75 9.58 54.25 10‐5250‐35‐00 Publications 550.00 550.00 ‐ 550.00 10‐5260‐35‐00 Advertising 2,000.00 2,000.00 ‐ 2,000.00 10‐5280‐35‐00 Printing and Reproduction 500.00 500.00 ‐ 500.00 10‐5350‐35‐00 Vehicle Expense 800.00 800.00 ‐ 800.00 10‐5352‐35‐00 Fuel 2,000.00 2,000.00 560.66 95.49 28.03 1,439.34 10‐5353‐35‐00 Oil/Grease/Inspections 500.00 500.00 ‐ 500.00 25Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 10‐5400‐35‐00 Uniform Expense 1,050.00 1,050.00 ‐ 1,050.00 10‐5418‐35‐00 IT Fees 200.00 200.00 ‐ 200.00 10‐5430‐35‐00 Legal Fees 5,000.00 5,000.00 ‐ 5,000.00 10‐5480‐35‐00 Contracted Services 2,000.00 2,000.00 ‐ 2,000.00 10‐5520‐35‐00 Telephones 1,200.00 1,200.00 ‐ 1,200.00 10‐5526‐35‐00 Data Network 800.00 800.00 75.98 37.99 9.50 724.02 10‐5530‐35‐00 Travel/Lodging/Meals Expense 500.00 500.00 ‐ 500.00 10‐5536‐35‐00 Training/Seminars 3,200.00 3,200.00 95.00 2.97 3,105.00 10‐5620‐35‐00 Tools & Equipment 200.00 200.00 ‐ 200.00 10‐5630‐35‐00 Safety Equipment 1,000.00 1,000.00 ‐ 1,000.00 10‐5640‐35‐00 Signs & Hardware 1,250.00 1,250.00 ‐ 1,250.00 Subtotal object ‐ 0 144,158.00 144,158.00 27,373.10 8,996.24 18.99 116,784.90 Program number: 144,158.00 144,158.00 27,373.10 8,996.24 18.99 116,784.90 Department number: 35 Fire Marshal 144,158.00 144,158.00 27,373.10 8,996.24 18.99 116,784.90 10‐5110‐40‐00 Salaries & Wages 96,351.00 96,351.00 22,706.08 7,918.40 23.57 73,644.92 10‐5115‐40‐00 Salaries ‐ Overtime 7,629.00 7,629.00 1,693.77 1,014.49 22.20 5,935.23 10‐5126‐40‐00 Salaries‐Vacation Buy‐Out 909.00 909.00 ‐ 909.00 10‐5140‐40‐00 Salaries ‐ Longevity Pay 1,120.00 1,120.00 1,120.00 100.00 10‐5145‐40‐00 Social Security Expense 6,174.00 6,174.00 1,525.80 530.37 24.71 4,648.20 10‐5150‐40‐00 Medicare Expense 1,444.00 1,444.00 356.83 124.03 24.71 1,087.17 10‐5155‐40‐00 SUTA Expense 414.00 414.00 ‐ 414.00 10‐5160‐40‐00 Health Insurance 8,724.00 8,724.00 2,396.78 873.66 27.47 6,327.22 10‐5165‐40‐00 Dental Insurance 626.00 626.00 122.69 51.12 19.60 503.31 10‐5170‐40‐00 Life Insurance/AD&D 189.00 189.00 37.82 15.76 20.01 151.18 10‐5175‐40‐00 Liability (TML) Workers Comp 646.00 646.00 565.54 87.55 80.46 10‐5180‐40‐00 TMRS Expense 11,539.00 11,539.00 2,749.85 963.14 23.83 8,789.15 10‐5185‐40‐00 Long Term/Short Term Disabilit 220.00 220.00 ‐ 220.00 10‐5186‐40‐00 WELLE‐Wellness Prog Reimb Empl 1,200.00 1,200.00 84.00 35.00 7.00 1,116.00 10‐5210‐40‐00 Office Supplies 600.00 600.00 ‐ 600.00 10‐5230‐40‐00 Dues,Fees,& Subscriptions 200.00 200.00 ‐ 200.00 10‐5250‐40‐00 Publications 50.00 50.00 ‐ 50.00 10‐5310‐40‐00 Rental Expense 14,000.00 14,000.00 2,999.00 21.42 11,001.00 10‐5320‐40‐00 Repairs & Maintenance 4,000.00 4,000.00 ‐ 4,000.00 10‐5321‐40‐00 Signal Light Repairs 6,400.00 6,400.00 ‐ 6,400.00 10‐5340‐40‐00 Building Repairs 2,500.00 2,500.00 805.39 32.22 1,694.61 10‐5350‐40‐00 Vehicle Expense 6,500.00 6,500.00 95.10 70.00 1.46 6,404.90 10‐5352‐40‐00 Fuel 10,100.00 10,100.00 784.94 333.13 7.77 9,315.06 10‐5353‐40‐00 Oil/Grease/Inspections 800.00 800.00 ‐ 800.00 10‐5400‐40‐00 Uniform Expense 3,500.00 3,500.00 239.92 6.86 3,260.08 10‐5430‐40‐00 Legal Fees 57.00 57.00 ‐ (57.00) 10‐5480‐40‐00 Contracted Services 23,200.00 23,200.00 49,500.00 49,500.00 213.36 (26,300.00) 10‐5520‐40‐00 Telephones 1,300.00 1,300.00 172.76 86.38 13.29 1,127.24 10‐5521‐40‐00 Cell Phone Expense 1,000.00 1,000.00 ‐ 1,000.00 10‐5525‐40‐00 Electricity 100,000.00 100,000.00 24,282.53 9,207.63 24.28 75,717.47 10‐5526‐40‐00 Data Network 14.50 7.18 ‐ (14.50) 10‐5530‐40‐00 Travel/Lodging/Meals Expense 800.00 800.00 ‐ 800.00 10‐5536‐40‐00 Training/Seminars 800.00 800.00 ‐ 800.00 10‐5620‐40‐00 Tools & Equipment 3,000.00 3,000.00 873.74 756.82 29.13 2,126.26 10‐5630‐40‐00 Safety Equipment 2,000.00 2,000.00 ‐ 2,000.00 26Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 10‐5640‐40‐00 Signs & Hardware 25,000.00 25,000.00 3,652.28 1,176.00 14.61 21,347.72 10‐5650‐40‐00 Maintenance Materials 106,000.00 106,000.00 1,131.23 241.39 1.07 104,868.77 Subtotal object ‐ 0 448,935.00 448,935.00 117,967.55 72,961.50 26.28 330,967.45 Program number: 448,935.00 448,935.00 117,967.55 72,961.50 26.28 330,967.45 Department number: 40 Streets 448,935.00 448,935.00 117,967.55 72,961.50 26.28 330,967.45 10‐5110‐45‐00 Salaries & Wages 103,324.00 103,324.00 19,426.37 5,804.19 18.80 83,897.63 10‐5126‐45‐00 Salaries‐Vacation Buy‐Out 216.00 216.00 ‐ 216.00 10‐5145‐45‐00 Social Security Expense 6,419.00 6,419.00 1,204.90 360.11 18.77 5,214.10 10‐5150‐45‐00 Medicare Expense 1,501.00 1,501.00 281.77 84.20 18.77 1,219.23 10‐5155‐45‐00 SUTA Expense 828.00 828.00 104.07 24.58 12.57 723.93 10‐5165‐45‐00 Dental Insurance 313.00 313.00 61.34 25.56 19.60 251.66 10‐5170‐45‐00 Life Insurance 95.00 95.00 18.91 7.88 19.91 76.09 10‐5175‐45‐00 Liability (TML)/Workers' Comp 265.00 265.00 231.99 87.54 33.01 10‐5180‐45‐00 TMRS Expense 11,998.00 11,998.00 1,381.12 404.90 11.51 10,616.88 10‐5185‐45‐00 Long Term/Short Term Disabilit 106.00 106.00 ‐ 106.00 10‐5210‐45‐00 Supplies 4,800.00 4,800.00 1,613.68 33.62 3,186.32 10‐5212‐45‐00 Building Supplies 500.00 500.00 157.24 157.24 31.45 342.76 10‐5220‐45‐00 Office Equipment 3,000.00 3,000.00 ‐ 3,000.00 10‐5230‐45‐00 Dues,Fees,& Subscriptions 7,600.00 7,600.00 3,925.18 51.65 3,674.82 10‐5240‐45‐00 Postage and Delivery 400.00 400.00 9.12 9.12 2.28 390.88 10‐5250‐45‐00 Publications 500.00 500.00 ‐ 500.00 10‐5281‐45‐00 Book Purchases 15,000.00 15,000.00 3,954.40 911.73 26.36 11,045.60 10‐5400‐45‐00 Uniform Expense 121.00 ‐ (121.00) 10‐5418‐45‐00 IT Fees 1,875.00 1,875.00 ‐ 1,875.00 10‐5480‐45‐00 Contracted Services 5,652.00 5,652.00 ‐ 5,652.00 10‐5520‐45‐00 Telephones 500.00 500.00 143.18 71.59 28.64 356.82 10‐5525‐45‐00 Electricity 5,500.00 5,500.00 ‐ 5,500.00 10‐5530‐45‐00 Travel 1,700.00 1,700.00 ‐ 1,700.00 10‐5533‐45‐00 Mileage Expense 1,000.00 1,000.00 64.50 6.45 935.50 10‐5536‐45‐00 Training/Seminars 1,500.00 1,500.00 ‐ 1,500.00 10‐5600‐45‐00 Special Events 600.00 600.00 406.39 181.48 67.73 193.61 Subtotal object ‐ 0 175,192.00 175,192.00 33,105.16 8,042.58 18.90 142,086.84 Program number: 175,192.00 175,192.00 33,105.16 8,042.58 18.90 142,086.84 Department number: 45 Public Library 175,192.00 175,192.00 33,105.16 8,042.58 18.90 142,086.84 10‐5110‐60‐01 Salaries & Wages 171,802.00 171,802.00 31,508.57 10,916.04 18.34 140,293.43 10‐5126‐60‐01 Salaries‐Vacation Buy‐Out 1,077.00 1,077.00 ‐ 1,077.00 10‐5140‐60‐01 Salaries ‐ Longevity Pay 185.00 185.00 175.00 94.60 10.00 10‐5145‐60‐01 Social Security Expense 10,767.00 10,767.00 1,901.05 650.45 17.66 8,865.95 10‐5150‐60‐01 Medicare Expense 2,518.00 2,518.00 444.60 152.12 17.66 2,073.40 10‐5155‐60‐01 SUTA Expense 569.00 569.00 ‐ 569.00 10‐5160‐60‐01 Health Insurance 18,085.00 18,085.00 3,277.68 1,240.70 18.12 14,807.32 10‐5165‐60‐01 Dental Insurance 896.00 896.00 122.69 51.12 13.69 773.31 10‐5170‐60‐01 Life Insurance/AD&D 196.00 196.00 37.82 15.76 19.30 158.18 10‐5175‐60‐01 Liability (TML) Workers Comp 906.00 906.00 793.16 87.55 112.84 10‐5180‐60‐01 TMRS Expense 19,858.00 19,858.00 3,424.74 1,181.52 17.25 16,433.26 10‐5185‐60‐01 Long Term/Short Term Disabilit 1,217.00 1,217.00 ‐ 1,217.00 10‐5186‐60‐01 WELLE‐Wellness Prog Reimb Empl 600.00 600.00 204.00 85.00 34.00 396.00 10‐5190‐60‐01 Contract Labor 60.00 60.00 ‐ (60.00) 10‐5210‐60‐01 Office Supplies 2,375.00 2,375.00 221.41 97.19 9.32 2,153.59 27Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 10‐5220‐60‐01 Office Equipment 8,162.00 8,162.00 ‐ 8,162.00 10‐5230‐60‐01 Dues,Fees,& Subscriptions 3,150.00 3,150.00 230.00 30.00 7.30 2,920.00 10‐5310‐60‐01 Rental Expense 1,812.00 ‐ (1,812.00) 10‐5320‐60‐01 Repairs & Maintenance 22,680.00 ‐ (22,680.00) 10‐5400‐60‐01 Uniform Expense 300.00 300.00 ‐ 300.00 10‐5410‐60‐01 Professional Services 11,391.64 65,790.52 ‐ (77,182.16) 10‐5418‐60‐01 IT Fees 3,100.00 3,100.00 713.48 84.48 23.02 2,386.52 10‐5430‐60‐01 Legal Fees 5,000.00 5,000.00 1,292.00 1,292.00 25.84 3,708.00 10‐5520‐60‐01 Telephones 5,900.00 5,900.00 1,476.65 740.23 25.03 4,423.35 10‐5526‐60‐01 Data Network 1,700.00 1,700.00 84.48 4.97 1,615.52 10‐5530‐60‐01 Travel/Lodging/Meals Expense 3,800.00 3,800.00 33.24 9.44 0.88 3,766.76 10‐5533‐60‐01 Mileage Expense 2,225.00 2,225.00 391.66 209.77 17.60 1,833.34 10‐5536‐60‐01 Training/Seminars 7,350.00 7,350.00 320.00 320.00 4.35 7,030.00 10‐5600‐60‐01 Special Events 1,985.40 ‐ (1,985.40) Subtotal object ‐ 0 271,738.00 271,738.00 61,901.27 17,135.82 88,470.52 22.78 121,366.21 Program number: 1 Parks Administration 271,738.00 271,738.00 61,901.27 17,135.82 88,470.52 22.78 121,366.21 10‐5110‐60‐02 Salaries & Wages 419,808.00 419,808.00 99,796.44 35,294.77 23.77 320,011.56 10‐5115‐60‐02 Salaries ‐ Overtime 13,477.00 13,477.00 3,422.24 1,405.50 25.39 10,054.76 10‐5126‐60‐02 Salaries‐Vacation Buy‐Out 3,757.00 3,757.00 1,257.60 33.47 2,499.40 10‐5140‐60‐02 Salaries ‐ Longevity Pay 2,215.00 2,215.00 2,230.00 100.68 (15.00) 10‐5145‐60‐02 Social Security Expense 26,621.00 26,621.00 6,330.99 2,241.95 23.78 20,290.01 10‐5150‐60‐02 Medicare Expense 6,226.00 6,226.00 1,480.66 524.35 23.78 4,745.34 10‐5155‐60‐02 SUTA Expense 2,277.00 2,277.00 ‐ 2,277.00 10‐5160‐60‐02 Health Insurance 64,707.00 64,707.00 16,667.23 6,194.68 25.76 48,039.77 10‐5165‐60‐02 Dental Insurance 3,441.00 3,441.00 674.78 281.16 19.61 2,766.22 10‐5170‐60‐02 Life Insurance/AD&D 1,040.00 1,040.00 226.94 94.56 21.82 813.06 10‐5175‐60‐02 Liability (TML) Workers Comp 8,136.00 8,136.00 7,122.66 87.55 1,013.34 10‐5180‐60‐02 TMRS Expense 49,755.00 49,755.00 11,773.54 4,218.71 23.66 37,981.46 10‐5185‐60‐02 Long Term/Short Term Disabilit 834.00 834.00 ‐ 834.00 10‐5186‐60‐02 WELLE‐Wellness Prog Reimb Empl 3,600.00 3,600.00 617.00 280.00 17.14 2,983.00 10‐5212‐60‐02 Building Supplies 1,500.00 1,500.00 189.14 189.14 12.61 1,310.86 10‐5310‐60‐02 Rental Expense 23,500.00 23,500.00 5,436.00 1,812.00 16,688.00 23.13 1,376.00 10‐5320‐60‐02 Repairs & Maintenance 210,275.00 210,275.00 6,228.97 3,323.74 2.96 204,046.03 10‐5350‐60‐02 Vehicle Expense 6,000.00 6,000.00 1,303.00 21.72 4,697.00 10‐5352‐60‐02 Fuel 17,000.00 17,000.00 4,166.36 1,212.48 24.51 12,833.64 10‐5353‐60‐02 Oil/Grease/Inspections 3,300.00 3,300.00 16.80 8.00 0.51 3,283.20 10‐5400‐60‐02 Uniform Expense 5,400.00 5,400.00 1,011.85 1,011.85 18.74 4,388.15 10‐5480‐60‐02 Contracted Services 178,300.00 178,300.00 28,003.28 4,670.74 21,073.00 15.71 129,223.72 10‐5525‐60‐02 Electricity 96,000.00 96,000.00 27,347.97 13,398.63 28.49 68,652.03 10‐5620‐60‐02 Tools & Equipment 4,725.00 4,725.00 658.90 239.00 13.95 4,066.10 10‐5630‐60‐02 Safety Equipment 1,600.00 1,600.00 ‐ 1,600.00 10‐5640‐60‐02 Signs & Hardware 2,800.00 2,800.00 ‐ 2,800.00 Subtotal object ‐ 0 1,156,294.00 1,156,294.00 225,962.35 76,401.26 37,761.00 19.54 892,570.65 Program number: 2 Parks Maintenance 1,156,294.00 1,156,294.00 225,962.35 76,401.26 37,761.00 19.54 892,570.65 10‐5110‐60‐03 Salaries & Wages 42,787.00 42,787.00 ‐ 42,787.00 10‐5126‐60‐03 Salaries‐Vacation Buy‐Out 404.00 404.00 ‐ 404.00 10‐5145‐60‐03 Social Security Expense 2,678.00 2,678.00 ‐ 2,678.00 10‐5150‐60‐03 Medicare Expense 626.00 626.00 ‐ 626.00 10‐5155‐60‐03 SUTA Expense 207.00 207.00 ‐ 207.00 28Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 10‐5170‐60‐03 Life Insurance/AD&D 95.00 95.00 ‐ 95.00 10‐5175‐60‐03 Liability (TML) Workers Comp 107.00 107.00 93.67 87.54 13.33 10‐5180‐60‐03 TMRS Expense 5,005.00 5,005.00 ‐ 5,005.00 10‐5185‐60‐03 Long Term/Short Term Disabilit 101.00 101.00 ‐ 101.00 10‐5240‐60‐03 Postage and Delivery 6,875.00 6,875.00 14.05 1.40 0.20 6,860.95 10‐5260‐60‐03 Advertising 2,000.00 2,000.00 ‐ 2,000.00 10‐5280‐60‐03 Printing and Reproduction 5,850.00 5,850.00 52.96 0.91 5,797.04 10‐5475‐60‐03 Credit Card Fees 250.30 ‐ (250.30) 10‐5600‐60‐03 Special Events 19,200.00 19,200.00 3,272.63 97.11 17.05 15,927.37 10‐5995‐60‐03 Recreation Activities 23,500.00 23,500.00 2,719.05 1,971.65 11.57 20,780.95 Subtotal object ‐ 0 109,435.00 109,435.00 6,402.66 2,070.16 5.85 103,032.34 Program number: 3 Recreation 109,435.00 109,435.00 6,402.66 2,070.16 5.85 103,032.34 Department number: 60 Parks and Recreation 1,537,467.00 1,537,467.00 294,266.28 95,607.24 126,231.52 19.14 1,116,969.20 10‐5110‐70‐00 Salaries & Wages 97,779.00 97,779.00 19,097.30 7,355.10 19.53 78,681.70 10‐5115‐70‐00 Salaries ‐ Overtime 251.00 251.00 ‐ 251.00 10‐5126‐70‐00 Salaries‐Vacation Buy‐Out 898.00 898.00 ‐ 898.00 10‐5127‐70‐00 Salaries‐Certification Pay 9,000.00 (9,000.00) ‐ 10‐5128‐70‐00 Language Pay 900.00 900.00 200.00 100.00 22.22 700.00 10‐5140‐70‐00 Salaries ‐ Longevity Pay 70.00 70.00 70.00 100.00 10‐5145‐70‐00 Social Security Expense 6,122.00 6,122.00 1,140.57 437.24 18.63 4,981.43 10‐5150‐70‐00 Medicare Expense 1,431.00 1,431.00 266.75 102.25 18.64 1,164.25 10‐5155‐70‐00 SUTA Expense 414.00 414.00 44.76 33.85 10.81 369.24 10‐5160‐70‐00 Health Insurance 8,157.00 8,157.00 1,531.42 554.76 18.77 6,625.58 10‐5165‐70‐00 Dental Insurance 313.00 313.00 61.34 25.56 19.60 251.66 10‐5170‐70‐00 Life Insurance/AD&D 95.00 95.00 18.91 7.88 19.91 76.09 10‐5175‐70‐00 Liability (TML) Workers Comp 238.00 238.00 208.36 87.55 29.64 10‐5180‐70‐00 TMRS Expense 11,443.00 11,443.00 2,071.45 795.31 18.10 9,371.55 10‐5185‐70‐00 Long Term/Short Term Disabilit 181.00 181.00 ‐ 181.00 10‐5186‐70‐00 WELLE‐Wellness Prog Reimb Empl 120.00 50.00 ‐ (120.00) 10‐5190‐70‐00 Contract Labor 4,800.00 4,800.00 1,145.00 345.00 23.85 3,655.00 10‐5210‐70‐00 Office Supplies 1,500.00 1,500.00 481.99 137.19 32.13 1,018.01 10‐5212‐70‐00 Building Supplies 1,500.00 1,500.00 405.83 27.06 1,094.17 10‐5220‐70‐00 Office Equipment 4,970.00 4,970.00 1,935.00 145.00 38.93 3,035.00 10‐5230‐70‐00 Dues,Fees,& Subscriptions 100.00 100.00 ‐ 100.00 10‐5240‐70‐00 Postage and Delivery 1,200.00 1,200.00 100.00 8.33 1,100.00 10‐5250‐70‐00 Publications 100.00 100.00 ‐ 100.00 10‐5280‐70‐00 Printing and Reproduction 700.00 700.00 ‐ 700.00 10‐5310‐70‐00 Rental Expense 25,400.00 25,400.00 7,982.04 1,995.51 31.43 17,417.96 10‐5320‐70‐00 Repairs & Maintenance 60.00 ‐ (60.00) 10‐5418‐70‐00 IT Fees 500.00 500.00 ‐ 500.00 10‐5420‐70‐00 Municipal Court/Judge Fees 10,000.00 10,000.00 3,236.00 1,236.00 32.36 6,764.00 10‐5425‐70‐00 State Fines Expense (36.00) ‐ 10‐5430‐70‐00 Legal Fees 20,000.00 20,000.00 2,591.15 2,591.15 12.96 17,408.85 10‐5480‐70‐00 Contracted Services 360.00 360.00 60.00 30.00 16.67 300.00 10‐5520‐70‐00 Telephones 300.00 300.00 375.30 125.10 125.10 (75.30) 10‐5524‐70‐00 Gas‐Building 900.00 900.00 85.79 9.53 814.21 10‐5525‐70‐00 Electricity 2,000.00 2,000.00 159.93 72.53 8.00 1,840.07 10‐5530‐70‐00 Travel/Lodging/Meals Expense 500.00 500.00 ‐ 500.00 10‐5533‐70‐00 Mileage Expense 500.00 500.00 ‐ 500.00 29Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 10‐5536‐70‐00 Training/Seminars 500.00 500.00 ‐ 500.00 Subtotal object ‐ 0 213,122.00 (9,000.00) 204,122.00 43,388.89 16,103.43 60.00 21.26 160,673.11 Program number: 213,122.00 (9,000.00) 204,122.00 43,388.89 16,103.43 60.00 21.26 160,673.11 Department number: 70 Municipal Court 213,122.00 (9,000.00) 204,122.00 43,388.89 16,103.43 60.00 21.26 160,673.11 10‐5110‐80‐00 Salaries & Wages 545,258.00 (35,000.00) 510,258.00 75,379.34 25,112.87 14.77 434,878.66 10‐5115‐80‐00 Salaries ‐ Overtime 13,354.00 10,000.00 23,354.00 15,008.59 6,509.25 64.27 8,345.41 10‐5126‐80‐00 Salaries‐Vacation Buy‐Out 3,938.00 3,938.00 ‐ 3,938.00 10‐5140‐80‐00 Salaries ‐ Longevity Pay 1,280.00 1,280.00 755.00 58.98 525.00 10‐5145‐80‐00 Social Security Expense 34,241.00 34,241.00 5,172.43 1,770.14 15.11 29,068.57 10‐5150‐80‐00 Medicare Expense 8,009.00 8,009.00 1,209.70 413.99 15.10 6,799.30 10‐5155‐80‐00 SUTA Expense 2,173.00 2,173.00 236.62 113.75 10.89 1,936.38 10‐5160‐80‐00 Health Insurance 62,016.00 62,016.00 7,315.27 3,390.67 11.80 54,700.73 10‐5165‐80‐00 Dental Insurance 3,043.00 3,043.00 387.21 156.13 12.73 2,655.79 10‐5170‐80‐00 Life Insurance/AD&D 890.00 890.00 141.38 58.01 15.89 748.62 10‐5175‐80‐00 Liability (TML) Workers Comp 3,669.00 3,669.00 3,212.03 87.55 456.97 10‐5180‐80‐00 TMRS Expense 63,498.00 63,498.00 9,789.86 3,389.93 15.42 53,708.14 10‐5185‐80‐00 Long Term/Short Term Disabilit 2,664.00 2,664.00 ‐ 2,664.00 10‐5186‐80‐00 WELLE‐Wellness Prog Reimb Empl 1,800.00 1,800.00 104.00 35.00 5.78 1,696.00 10‐5190‐80‐00 Contract Labor 3,120.00 3,120.00 340.00 100.00 10.90 2,780.00 10‐5210‐80‐00 Office Supplies 7,150.00 7,150.00 1,480.61 1,027.58 20.71 5,669.39 10‐5212‐80‐00 Building Supplies 500.00 500.00 170.08 34.02 329.92 10‐5220‐80‐00 Office Equipment 8,204.00 8,204.00 92.57 92.57 1.13 8,111.43 10‐5230‐80‐00 Dues,Fees,& Subscriptions 96,450.00 96,450.00 20,521.62 6,771.67 2,000.00 21.28 73,928.38 10‐5240‐80‐00 Postage and Delivery 50.00 50.00 ‐ 50.00 10‐5250‐80‐00 Publications 6,237.00 6,237.00 ‐ 6,237.00 10‐5280‐80‐00 Printing and Reproduction 2,000.00 2,000.00 9.50 0.48 1,990.50 10‐5340‐80‐00 Building Repairs 2,000.00 2,000.00 ‐ 2,000.00 10‐5350‐80‐00 Vehicle Expense 3,000.00 3,000.00 125.00 125.00 4.17 2,875.00 10‐5352‐80‐00 Fuel 9,600.00 9,600.00 1,242.84 338.32 12.95 8,357.16 10‐5353‐80‐00 Oil/Grease/Inspections 1,000.00 1,000.00 287.43 28.74 712.57 10‐5400‐80‐00 Uniform Expense 3,020.00 3,020.00 ‐ 3,020.00 10‐5410‐80‐00 Professional Services 25,000.00 25,000.00 25,000.00 ‐ 10‐5418‐80‐00 IT Fees 4,000.00 4,000.00 5,000.00 ‐ (1,000.00) 10‐5430‐80‐00 Legal Fees 3,250.00 3,250.00 304.00 304.00 9.35 2,946.00 10‐5465‐80‐00 Public Relations 500.00 500.00 ‐ 500.00 10‐5480‐80‐00 Contracted Services 780.00 780.00 7,512.00 4,524.00 963.08 (6,732.00) 10‐5520‐80‐00 Telephones 4,380.00 4,380.00 318.61 135.74 7.27 4,061.39 10‐5521‐80‐00 Cell Phone Expense 1,200.00 1,200.00 ‐ 1,200.00 10‐5525‐80‐00 Electricity 6,500.00 6,500.00 875.43 402.33 13.47 5,624.57 10‐5526‐80‐00 Data Network 4,000.00 4,000.00 591.77 227.94 14.79 3,408.23 10‐5530‐80‐00 Travel/Lodging/Meals Expense 7,850.00 7,850.00 ‐ 7,850.00 10‐5533‐80‐00 Mileage Expense 3,000.00 3,000.00 ‐ 3,000.00 10‐5536‐80‐00 Training/Seminars 13,453.00 13,453.00 ‐ 13,453.00 10‐5620‐80‐00 Tools & Equipment 660.00 660.00 ‐ 660.00 10‐5630‐80‐00 Safety Equipment 920.00 920.00 ‐ 920.00 10‐6160‐80‐00 Capital Expenditure ‐ Vehicles 14,560.00 14,560.00 ‐ 14,560.00 Subtotal object ‐ 0 953,217.00 953,217.00 152,582.89 54,998.89 32,000.00 16.01 768,634.11 Program number: 953,217.00 953,217.00 152,582.89 54,998.89 32,000.00 16.01 768,634.11 Department number: 80 Inspections 953,217.00 953,217.00 152,582.89 54,998.89 32,000.00 16.01 768,634.11 30Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 10‐5110‐85‐00 Salaries & Wages 49,433.00 49,433.00 10,784.01 3,731.20 21.82 38,648.99 10‐5115‐85‐00 Salaries ‐ Overtime 828.00 828.00 351.70 316.53 42.48 476.30 10‐5126‐85‐00 Salaries‐Vacation Buy‐Out 455.00 455.00 ‐ 455.00 10‐5140‐85‐00 Salaries ‐ Longevity Pay 270.00 270.00 265.00 98.15 5.00 10‐5145‐85‐00 Social Security Expense 3,147.00 3,147.00 681.37 240.38 21.65 2,465.63 10‐5150‐85‐00 Medicare Expense 736.00 736.00 159.36 56.22 21.65 576.64 10‐5155‐85‐00 SUTA Expense 207.00 207.00 ‐ 207.00 10‐5160‐85‐00 Health Insurance 3,547.00 3,547.00 724.34 380.56 20.42 2,822.66 10‐5165‐85‐00 Dental Insurance 313.00 313.00 61.34 25.56 19.60 251.66 10‐5170‐85‐00 Life Insurance/AD&D 95.00 95.00 18.91 7.88 19.91 76.09 10‐5175‐85‐00 Liability (TML) Workers' Comp 309.00 309.00 270.51 87.54 38.49 10‐5180‐85‐00 TMRS Expense 5,882.00 5,882.00 1,224.44 434.72 20.82 4,657.56 10‐5185‐85‐00 Long Term/Short Term Disabilit 111.00 111.00 ‐ 111.00 10‐5186‐85‐00 WELLE‐Wellness Prog Reimb Empl 600.00 600.00 ‐ 600.00 10‐5210‐85‐00 Office Supplies 500.00 500.00 ‐ 500.00 10‐5230‐85‐00 Dues,Fees,& Subscriptions 300.00 300.00 ‐ 300.00 10‐5240‐85‐00 Postage and Delivery 400.00 400.00 80.12 80.12 20.03 319.88 10‐5350‐85‐00 Vehicle Expense 500.00 500.00 18.00 18.00 3.60 482.00 10‐5352‐85‐00 Fuel 1,800.00 1,800.00 139.18 58.41 7.73 1,660.82 10‐5353‐85‐00 Oil/Grease/Inspections 100.00 100.00 ‐ 100.00 10‐5400‐85‐00 Uniform Expense 200.00 200.00 ‐ 200.00 10‐5430‐85‐00 Legal Fees 3,000.00 3,000.00 ‐ 3,000.00 10‐5435‐85‐00 Legal Notices/Filings 300.00 300.00 ‐ 300.00 10‐5480‐85‐00 Contracted Services 88,000.00 (480.00) 87,520.00 1,085.00 875.00 1.24 86,435.00 10‐5520‐85‐00 Telephones 800.00 800.00 29.58 14.79 3.70 770.42 10‐5526‐85‐00 Data Network 480.00 480.00 75.98 37.99 15.83 404.02 10‐5536‐85‐00 Training/Seminars 800.00 800.00 ‐ 800.00 10‐5600‐85‐00 Special Events 500.00 500.00 ‐ 500.00 10‐5620‐85‐00 Tools & Equipment 250.00 250.00 ‐ 250.00 10‐5640‐85‐00 Signs & Hardware 1,200.00 1,200.00 418.20 34.85 781.80 Subtotal object ‐ 0 164,583.00 164,583.00 16,387.04 6,277.36 9.96 148,195.96 Program number: 164,583.00 164,583.00 16,387.04 6,277.36 9.96 148,195.96 Department number: 85 Code Enforcement 164,583.00 164,583.00 16,387.04 6,277.36 9.96 148,195.96 10‐5110‐90‐00 Salaries & Wages 253,085.00 253,085.00 47,405.72 16,346.80 18.73 205,679.28 10‐5115‐90‐00 Salaries ‐ Overtime 169.00 169.00 282.61 25.99 167.23 (113.61) 10‐5126‐90‐00 Salaries‐Vacation Buy‐Out 4,057.00 4,057.00 1,650.29 40.68 2,406.71 10‐5140‐90‐00 Salaries ‐ Longevity Pay 945.00 945.00 560.00 59.26 385.00 10‐5141‐90‐00 Salaries ‐ Incentive 750.00 750.00 ‐ (750.00) 10‐5143‐90‐00 Cell Phone Allowance 360.00 180.00 ‐ (360.00) 10‐5145‐90‐00 Social Security Expense 15,952.00 15,952.00 2,939.08 997.31 18.43 13,012.92 10‐5150‐90‐00 Medicare Expense 3,730.00 3,730.00 687.36 233.24 18.43 3,042.64 10‐5155‐90‐00 SUTA Expense 776.00 776.00 52.58 6.78 723.42 10‐5160‐90‐00 Health Insurance 24,690.00 24,690.00 5,849.70 2,269.16 23.69 18,840.30 10‐5165‐90‐00 Dental Insurance 896.00 896.00 194.26 76.68 21.68 701.74 10‐5170‐90‐00 Life Insurance/AD&D 325.00 325.00 89.76 37.40 27.62 235.24 10‐5175‐90‐00 Liability (TML) Workers Comp 1,062.00 1,062.00 929.73 87.55 132.27 10‐5180‐90‐00 TMRS Expense 29,532.00 29,532.00 5,530.95 1,895.90 18.73 24,001.05 10‐5185‐90‐00 Long Term/Short Term Disabilit 1,435.00 1,435.00 ‐ 1,435.00 10‐5186‐90‐00 WELLE‐Wellness Prog Reimb Empl 1,200.00 1,200.00 240.00 100.00 20.00 960.00 31Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 10‐5190‐90‐00 Contract Labor 1,560.00 1,560.00 340.00 100.00 21.80 1,220.00 10‐5210‐90‐00 Office Supplies 3,800.00 3,800.00 816.89 191.56 525.60 21.50 2,457.51 10‐5220‐90‐00 Office Equipment 5,400.00 5,400.00 39.43 0.73 5,360.57 10‐5230‐90‐00 Dues,Fees,& Subscriptions 5,040.00 5,040.00 15.00 15.00 0.30 5,025.00 10‐5240‐90‐00 Postage and Delivery 200.00 200.00 47.12 47.12 23.56 152.88 10‐5250‐90‐00 Publications 500.00 500.00 ‐ 500.00 10‐5280‐90‐00 Printing and Reproduction 43.97 ‐ (43.97) 10‐5400‐90‐00 Uniform Expense 400.00 400.00 65.00 16.25 335.00 10‐5410‐90‐00 Professional Services 81,730.00 81,730.00 8,000.00 95,784.25 9.79 (22,054.25) 10‐5418‐90‐00 IT Fees 300.00 300.00 ‐ 300.00 10‐5430‐90‐00 Legal Fees 28,000.00 28,000.00 3,651.60 3,651.60 20,000.00 13.04 4,348.40 10‐5435‐90‐00 Legal Notices/Filings 2,000.00 2,000.00 1,813.46 90.67 186.54 10‐5520‐90‐00 Telephones 5,700.00 5,700.00 232.70 91.29 4.08 5,467.30 10‐5521‐90‐00 Cell Phone Expense 1,500.00 1,500.00 ‐ 1,500.00 10‐5526‐90‐00 Data Network 8,250.00 8,250.00 143.95 143.95 1.75 8,106.05 10‐5530‐90‐00 Travel/Lodging/Meals Expense 2,300.00 2,300.00 671.87 307.77 29.21 1,628.13 10‐5533‐90‐00 Mileage Expense 1,750.00 1,750.00 72.13 72.13 4.12 1,677.87 10‐5536‐90‐00 Training/Seminars 4,800.00 4,800.00 1,135.00 23.65 3,665.00 10‐5640‐90‐00 Signs & Hardware 2,000.00 2,000.00 ‐ 2,000.00 Subtotal object ‐ 0 493,084.00 493,084.00 84,610.16 27,532.90 116,309.85 17.16 292,163.99 Program number: 493,084.00 493,084.00 84,610.16 27,532.90 116,309.85 17.16 292,163.99 Department number: 90 Planning 493,084.00 493,084.00 84,610.16 27,532.90 116,309.85 17.16 292,163.99 10‐5110‐98‐00 Salaries & Wages 462,199.00 462,199.00 102,632.68 35,444.60 22.21 359,566.32 10‐5115‐98‐00 Salaries ‐ Overtime 744.44 362.87 ‐ (744.44) 10‐5126‐98‐00 Salaries‐Vacation Buy‐Out 5,280.00 5,280.00 3,957.72 74.96 1,322.28 10‐5140‐98‐00 Salaries ‐ Longevity Pay 790.00 790.00 780.00 98.73 10.00 10‐5143‐98‐00 Cell Phone Allowance 396.49 306.49 ‐ (396.49) 10‐5145‐98‐00 Social Security Expense 27,650.00 27,650.00 5,389.76 1,419.80 19.49 22,260.24 10‐5150‐98‐00 Medicare Expense 6,793.00 6,793.00 1,444.80 470.94 21.27 5,348.20 10‐5155‐98‐00 SUTA Expense 1,035.00 1,035.00 ‐ 1,035.00 10‐5160‐98‐00 Health Insurance 36,701.00 36,701.00 9,370.57 3,649.82 25.53 27,330.43 10‐5165‐98‐00 Dental Insurance 1,251.00 1,251.00 306.72 127.80 24.52 944.28 10‐5170‐98‐00 Life Insurance/AD&D 566.00 566.00 144.95 60.50 25.61 421.05 10‐5175‐98‐00 Liability (TML) Workers Comp 1,896.00 1,896.00 1,659.85 87.55 236.15 10‐5180‐98‐00 TMRS Expense 54,286.00 54,286.00 11,703.52 3,905.48 21.56 42,582.48 10‐5185‐98‐00 Long Term/Short Term Disabilit 1,071.00 1,071.00 ‐ 1,071.00 10‐5186‐98‐00 WELLE‐Wellness Prog Reimb Empl 1,200.00 1,200.00 360.00 150.00 30.00 840.00 10‐5210‐98‐00 Office Supplies 1,800.00 1,800.00 262.76 113.93 14.60 1,537.24 10‐5212‐98‐00 Building Supplies 350.00 350.00 ‐ 350.00 10‐5230‐98‐00 Dues,Fees,& Subscriptions 1,700.00 1,700.00 ‐ 1,700.00 10‐5240‐98‐00 Postage and Delivery 100.00 100.00 23.76 12.57 23.76 76.24 10‐5250‐98‐00 Publications 300.00 300.00 ‐ 300.00 10‐5350‐98‐00 Vehicle Expense 450.00 450.00 ‐ 450.00 10‐5352‐98‐00 Fuel 1,800.00 1,800.00 ‐ 1,800.00 10‐5400‐98‐00 Uniform Expense 100.00 100.00 151.95 151.95 (51.95) 10‐5410‐98‐00 Professional Services 35,000.00 35,000.00 ‐ 35,000.00 10‐5418‐98‐00 IT Fees 250.00 250.00 ‐ 250.00 10‐5419‐98‐00 IT Licenses 35,320.00 35,320.00 ‐ 35,320.00 10‐5430‐98‐00 Legal Fees 6,000.00 6,000.00 9,158.00 9,158.00 152.63 (3,158.00) 32Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 10‐5435‐98‐00 Legal Notices/Filings 2,000.00 2,000.00 187.40 187.40 9.37 1,812.60 10‐5520‐98‐00 Telephones 5,000.00 5,000.00 407.34 203.67 8.15 4,592.66 10‐5524‐98‐00 Gas‐Building 1,600.00 1,600.00 102.94 6.43 1,497.06 10‐5525‐98‐00 Electricity 700.00 700.00 ‐ 700.00 10‐5530‐98‐00 Travel/Lodging/Meals Expense 3,250.00 3,250.00 492.02 15.14 2,757.98 10‐5533‐98‐00 Mileage Expense 1,500.00 1,500.00 365.91 66.38 24.39 1,134.09 10‐5536‐98‐00 Training/Seminars 6,000.00 6,000.00 140.00 2.33 5,860.00 Subtotal object ‐ 0 703,938.00 703,938.00 150,183.58 55,640.25 21.34 553,754.42 Program number: 703,938.00 703,938.00 150,183.58 55,640.25 21.34 553,754.42 Department number: 98 Engineering 703,938.00 703,938.00 150,183.58 55,640.25 21.34 553,754.42 10‐5176‐99‐00 TML Prop. & Liab. Insurance 100,000.00 100,000.00 83,659.38 83.66 16,340.62 10‐5305‐99‐00 Chapt 380 Program Grant Exp 14,000.00 14,000.00 3,559.00 25.42 10,441.00 10‐5418‐99‐00 IT Fees 71,821.00 71,821.00 10,519.00 ‐ 61,302.00 10‐5480‐99‐00 Contracted Services 3,600.00 3,600.00 3,600.00 3,600.00 100.00 10‐6140‐99‐00 Capital Expenditure ‐ Equipmen 136,438.00 136,438.00 34,109.49 11,369.83 25.00 102,328.51 10‐6160‐99‐00 Capital Expenditure ‐ Vehicles 262,260.00 262,260.00 65,565.00 21,855.00 25.00 196,695.00 10‐7000‐99‐00 Contingency 50,000.00 50,000.00 ‐ 50,000.00 10‐7100‐99‐00 Operating Transfer Out 20,000.00 20,000.00 ‐ 20,000.00 10‐7144‐99‐00 Transfer to Bond Fund 972,000.00 972,000.00 243,000.00 81,000.00 25.00 729,000.00 Subtotal object ‐ 0 1,630,119.00 1,630,119.00 433,492.87 117,824.83 10,519.00 26.59 1,186,107.13 Program number: 1,630,119.00 1,630,119.00 433,492.87 117,824.83 10,519.00 26.59 1,186,107.13 Department number: 99 Non‐departmental 1,630,119.00 1,630,119.00 433,492.87 117,824.83 10,519.00 26.59 1,186,107.13 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 14,415,741.00 14,415,741.00 2,867,143.20 969,814.94 579,822.68 19.89 10,968,775.12 Fund number: 10 General (90,293.00) (90,293.00) (3,489,791.05) (3,578,798.44) 579,822.68 ‐‐‐2,819,675.37 15‐5410‐10‐00 Professional Services 7,500.00 ‐ (7,500.00) Subtotal object ‐ 0 7,500.00 ‐ (7,500.00) Program number: 7,500.00 ‐ (7,500.00) Department number: 10 Administration 7,500.00 ‐ (7,500.00) Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 7,500.00 ‐ (7,500.00) Fund number: 15 TIRZ #1 ‐ Blue Star 7,500.00 ‐ (7,500.00) 20‐4005‐50‐00 Water Revenue (5,605,000.00) (5,605,000.00) (1,280,930.12) (290,984.08) 22.85 (4,324,069.88) 20‐4010‐50‐00 Water Tap & Construction (508,750.00) (508,750.00) (167,913.00) (66,000.00) 33.01 (340,837.00) 20‐4012‐50‐00 Saturday Inspection Fee (4,000.00) (4,000.00) (1,050.00) (300.00) 26.25 (2,950.00) 20‐4018‐50‐00 Internet Cr. Card Fees(Global) (18,000.00) (18,000.00) (5,521.34) (1,789.69) 30.67 (12,478.66) 20‐4019‐50‐00 Cr. Card Pmt Fees(auth.net) (3,000.00) (3,000.00) (1,233.26) (391.88) 41.11 (1,766.74) 20‐4060‐50‐00 NSF Fees (1,000.00) (1,000.00) (300.00) (150.00) 30.00 (700.00) 20‐4242‐50‐00 Re‐Inspection Fees (1,500.00) (1,500.00) (425.00) (50.00) 28.33 (1,075.00) 20‐4610‐50‐00 Interest Income (70,000.00) (70,000.00) (8,259.09) (5,747.72) 11.80 (61,740.91) 20‐4910‐50‐00 Other Revenue (70,000.00) (70,000.00) (24,483.54) (6,500.00) 34.98 (45,516.46) Subtotal object ‐ 0 (6,281,250.00) (6,281,250.00) (1,490,115.35) (371,913.37) 23.72 (4,791,134.65) Program number: (6,281,250.00) (6,281,250.00) (1,490,115.35) (371,913.37) 23.72 (4,791,134.65) Department number: 50 Water (6,281,250.00) (6,281,250.00) (1,490,115.35) (371,913.37) 23.72 (4,791,134.65) 20‐4006‐55‐00 Sewer Revenue (2,777,000.00) (2,777,000.00) (652,858.60) (214,042.44) 23.51 (2,124,141.40) 20‐4010‐55‐00 Sewer Tap & Construction (220,000.00) (220,000.00) (56,600.00) (22,000.00) 25.73 (163,400.00) Subtotal object ‐ 0 (2,997,000.00) (2,997,000.00) (709,458.60) (236,042.44) 23.67 (2,287,541.40) Program number: (2,997,000.00) (2,997,000.00) (709,458.60) (236,042.44) 23.67 (2,287,541.40) Department number: 55 Sewer (2,997,000.00) (2,997,000.00) (709,458.60) (236,042.44) 23.67 (2,287,541.40) 20‐4000‐57‐00 W/S Service Initiation (57,043.00) (57,043.00) (13,115.00) (4,765.00) 22.99 (43,928.00) 20‐4007‐57‐00 Sanitation (900,000.00) (900,000.00) (238,648.39) (80,118.06) 26.52 (661,351.61) 33Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 20‐4009‐57‐00 Late Fee‐W/S (60,000.00) (60,000.00) (26,870.02) (7,289.82) 44.78 (33,129.98) Subtotal object ‐ 0 (1,017,043.00) (1,017,043.00) (278,633.41) (92,172.88) 27.40 (738,409.59) Program number: (1,017,043.00) (1,017,043.00) (278,633.41) (92,172.88) 27.40 (738,409.59) Department number: 57 Utility Billing Department (1,017,043.00) (1,017,043.00) (278,633.41) (92,172.88) 27.40 (738,409.59) Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (10,295,293.00) (10,295,293.00) (2,478,207.36) (700,128.69) 24.07 (7,817,085.64) 20‐5176‐00‐00 TML‐Prop & Liab Insurance 35,000.00 35,000.00 29,280.78 83.66 5,719.22 20‐6140‐00‐00 Capital Expenditure ‐ Equipmen 15,771.00 15,771.00 3,942.75 1,314.25 25.00 11,828.25 20‐6160‐00‐00 Capital Expenditure ‐ Vehicles 119,553.00 119,553.00 29,888.25 9,962.75 25.00 89,664.75 20‐6186‐00‐00 2013 Bond Payment 387,600.00 387,600.00 ‐ 387,600.00 20‐6192‐00‐00 2011 Refd Bond Pmt 276,246.00 276,246.00 ‐ 276,246.00 20‐6193‐00‐00 2012 CO Bond Payment 145,020.00 145,020.00 ‐ 145,020.00 20‐6198‐00‐00 06 CO Bond Payment 491,197.00 491,197.00 ‐ 491,197.00 20‐6199‐00‐00 08 CO Bond Payment 119,894.00 119,894.00 ‐ 119,894.00 20‐6201‐00‐00 2014 GO Bond Payment 483,439.00 483,439.00 ‐ 483,439.00 20‐6202‐00‐00 2014 CO Bond Payment 926,350.00 926,350.00 ‐ 926,350.00 20‐7000‐00‐00 Contingency 50,000.00 50,000.00 ‐ 50,000.00 20‐7147‐00‐00 Transfer to GF 862,695.00 862,695.00 215,673.75 71,891.25 25.00 647,021.25 Subtotal object ‐ 0 3,912,765.00 3,912,765.00 278,785.53 83,168.25 7.13 3,633,979.47 Program number: 3,912,765.00 3,912,765.00 278,785.53 83,168.25 7.13 3,633,979.47 Department number: Non departmental 3,912,765.00 3,912,765.00 278,785.53 83,168.25 7.13 3,633,979.47 20‐5110‐50‐00 Salaries & Wages 630,968.00 630,968.00 124,630.05 41,401.67 19.75 506,337.95 20‐5115‐50‐00 Salaries ‐ Overtime 45,055.00 45,055.00 8,577.21 2,489.51 19.04 36,477.79 20‐5126‐50‐00 Salaries‐Vacation Buy‐Out 4,459.00 4,459.00 972.40 21.81 3,486.60 20‐5140‐50‐00 Salaries ‐ Longevity Pay 2,165.00 2,165.00 2,050.00 94.69 115.00 20‐5145‐50‐00 Social Security Expense 39,753.00 39,753.00 7,926.08 2,507.77 19.94 31,826.92 20‐5150‐50‐00 Medicare Expense 9,300.00 9,300.00 1,853.68 586.48 19.93 7,446.32 20‐5155‐50‐00 SUTA Expense 2,794.00 2,794.00 145.12 53.94 5.19 2,648.88 20‐5160‐50‐00 Health Insurance 77,164.00 77,164.00 12,905.35 5,652.88 16.73 64,258.65 20‐5165‐50‐00 Dental Insurance 3,981.00 3,981.00 725.90 306.72 18.23 3,255.10 20‐5170‐50‐00 Life Insurance/AD&D 1,240.00 1,240.00 226.94 94.56 18.30 1,013.06 20‐5175‐50‐00 Liability (TML) Workers' Comp 11,255.00 11,255.00 9,853.19 87.55 1,401.81 20‐5180‐50‐00 TMRS Expense 74,858.00 74,858.00 14,425.56 4,737.52 19.27 60,432.44 20‐5185‐50‐00 Long Term/Short Term Disabilit 3,429.00 3,429.00 ‐ 3,429.00 20‐5186‐50‐00 WELLE‐Wellness Prog Reimb‐Empl 3,600.00 3,600.00 528.00 220.00 14.67 3,072.00 20‐5190‐50‐00 Contract Labor 300.00 300.00 ‐ (300.00) 20‐5210‐50‐00 Office Supplies 3,100.00 3,100.00 858.39 563.19 27.69 2,241.61 20‐5212‐50‐00 Building Supplies 1,550.00 1,550.00 198.80 12.83 1,351.20 20‐5220‐50‐00 Office Equipment 11,004.00 11,004.00 1,375.38 12.50 9,628.62 20‐5230‐50‐00 Dues,Fees,& Subscriptions 3,400.00 3,400.00 157.00 157.00 4.62 3,243.00 20‐5240‐50‐00 Postage and Delivery 1,800.00 1,800.00 9.08 9.08 0.50 1,790.92 20‐5250‐50‐00 Publications 50.00 50.00 ‐ 50.00 20‐5280‐50‐00 Printing and Reproduction 3,450.00 3,450.00 ‐ 3,450.00 20‐5310‐50‐00 Rental Expense 600.00 600.00 ‐ 600.00 20‐5320‐50‐00 Repairs & Maintenance 3,600.00 3,600.00 ‐ 3,600.00 20‐5340‐50‐00 Building Repairs 4,000.00 4,000.00 4,521.75 113.04 (521.75) 20‐5350‐50‐00 Vehicle Expense 25,700.00 25,700.00 1,599.44 821.44 6.22 24,100.56 20‐5352‐50‐00 Fuel 40,200.00 40,200.00 7,113.42 2,059.78 17.70 33,086.58 20‐5353‐50‐00 Oil/Grease/Inspections 2,470.00 2,470.00 79.50 79.50 3.22 2,390.50 20‐5400‐50‐00 Uniform Expense 14,600.00 14,600.00 1,282.15 123.50 8.78 13,317.85 34Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 20‐5418‐50‐00 IT Fees 18,700.00 18,700.00 22,392.18 1,000.00 9,000.00 119.74 (12,692.18) 20‐5419‐50‐00 IT Licenses 1,200.00 1,200.00 ‐ 1,200.00 20‐5430‐50‐00 Legal Fees 1,000.00 1,000.00 57.00 57.00 5.70 943.00 20‐5435‐50‐00 Legal Notices/Filings 500.00 500.00 ‐ 500.00 20‐5475‐50‐00 Credit Card Fees 25,000.00 25,000.00 6,278.35 151.50 25.11 18,721.65 20‐5480‐50‐00 Contracted Services 16,000.00 16,000.00 17,844.94 10,339.45 20,422.75 111.53 (22,267.69) 20‐5520‐50‐00 Telephones 17,820.00 17,820.00 1,601.49 689.90 8.99 16,218.51 20‐5521‐50‐00 Cell Phone Expense 2,160.00 2,160.00 ‐ 2,160.00 20‐5524‐50‐00 Gas‐Building 2,570.00 2,570.00 41.02 1.60 2,528.98 20‐5525‐50‐00 Electricity 150,000.00 150,000.00 49,835.12 15,560.00 33.22 100,164.88 20‐5526‐50‐00 Data Network 4,000.00 4,000.00 1,704.40 1,704.40 42.61 2,295.60 20‐5530‐50‐00 Travel/Lodging/Meals Expense 1,000.00 1,000.00 ‐ 1,000.00 20‐5533‐50‐00 Mileage Expense 1,000.00 1,000.00 ‐ 1,000.00 20‐5536‐50‐00 Training/Seminars 5,600.00 5,600.00 3,770.00 200.00 67.32 1,830.00 20‐5540‐50‐00 Water Testing 1,500.00 1,500.00 390.52 26.04 1,109.48 20‐5545‐50‐00 Meter Purchases 203,500.00 203,500.00 57,736.60 45,516.60 28.37 145,763.40 20‐5550‐50‐00 Water Purchases 2,037,900.00 2,037,900.00 317,691.75 162,330.21 15.59 1,720,208.25 20‐5620‐50‐00 Tools & Equipment 10,900.00 10,900.00 984.45 271.51 9.03 9,915.55 20‐5630‐50‐00 Safety Equipment 7,700.00 7,700.00 848.98 11.03 6,851.02 20‐5640‐50‐00 Signs & Hardware 800.00 800.00 ‐ 800.00 20‐5650‐50‐00 Maintenance Materials 12,400.00 12,400.00 1,305.07 328.65 10.53 11,094.93 20‐5660‐50‐00 Chemical Supplies 1,000.00 1,000.00 76.05 76.05 7.61 923.95 20‐5670‐50‐00 System Improvements/Repairs 78,950.00 78,950.00 14,881.34 5,223.66 18.85 64,068.66 20‐6160‐50‐00 Capital Expenditure ‐ Vehicles 60,000.00 60,000.00 ‐ 60,000.00 20‐6200‐50‐00 Bond Administrative Fees 3,000.00 3,000.00 ‐ 3,000.00 20‐7143‐50‐00 Transfer to Internal Serv. Fd 2,160.00 2,160.00 540.00 180.00 25.00 1,620.00 Subtotal object ‐ 0 3,691,905.00 3,691,905.00 700,293.65 305,793.47 29,422.75 18.97 2,962,188.60 Program number: 3,691,905.00 3,691,905.00 700,293.65 305,793.47 29,422.75 18.97 2,962,188.60 Department number: 50 Water 3,691,905.00 3,691,905.00 700,293.65 305,793.47 29,422.75 18.97 2,962,188.60 20‐5110‐55‐00 Salaries & Wages 144,885.00 144,885.00 26,061.03 9,058.96 17.99 118,823.97 20‐5115‐55‐00 Salaries ‐ Overtime 7,279.00 7,279.00 2,040.11 1,231.92 28.03 5,238.89 20‐5126‐55‐00 Salaries‐Vacation Buy‐Out 1,074.00 1,074.00 ‐ 1,074.00 20‐5140‐55‐00 Salaries ‐ Longevity Pay 840.00 840.00 830.00 98.81 10.00 20‐5145‐55‐00 Social Security Expense 9,175.00 9,175.00 1,672.94 587.80 18.23 7,502.06 20‐5150‐55‐00 Medicare Expense 2,146.00 2,146.00 391.25 137.47 18.23 1,754.75 20‐5155‐55‐00 SUTA Expense 776.00 776.00 ‐ 776.00 20‐5160‐55‐00 Health Insurance 19,699.00 19,699.00 2,815.89 1,289.12 14.30 16,883.11 20‐5165‐55‐00 Dental Insurance 1,209.00 1,209.00 184.03 76.68 15.22 1,024.97 20‐5170‐55‐00 Life Insurance/AD&D 320.00 320.00 56.74 23.64 17.73 263.26 20‐5175‐55‐00 Liability (TML) Workers' Comp 3,311.00 3,311.00 2,898.61 87.55 412.39 20‐5180‐55‐00 TMRS Expense 16,910.00 16,910.00 3,125.25 1,112.77 18.48 13,784.75 20‐5185‐55‐00 Long Term/Short Term Disabilit 1,075.00 1,075.00 ‐ 1,075.00 20‐5186‐55‐00 WELLE‐Wellness Prog Reimb‐Empl 1,200.00 1,200.00 168.00 70.00 14.00 1,032.00 20‐5210‐55‐00 Office Supplies 800.00 800.00 ‐ 800.00 20‐5212‐55‐00 Building Supplies 600.00 600.00 ‐ 600.00 20‐5220‐55‐00 Office Equipment 750.00 750.00 ‐ 750.00 20‐5230‐55‐00 Dues,Fees,& Subscriptions 1,550.00 1,550.00 ‐ 1,550.00 20‐5240‐55‐00 Postage and Delivery 200.00 200.00 ‐ 200.00 20‐5250‐55‐00 Publications 100.00 100.00 ‐ 100.00 35Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 20‐5310‐55‐00 Rental Expense 500.00 500.00 ‐ 500.00 20‐5320‐55‐00 Repairs & Maintenance 400.00 400.00 ‐ 400.00 20‐5335‐55‐00 Radio/Video Repairs 700.00 700.00 ‐ 700.00 20‐5340‐55‐00 Building Repairs 1,000.00 1,000.00 243.33 24.33 756.67 20‐5350‐55‐00 Vehicle Expense 6,200.00 6,200.00 53.00 0.86 6,147.00 20‐5352‐55‐00 Fuel 6,500.00 6,500.00 871.53 271.64 13.41 5,628.47 20‐5353‐55‐00 Oil/Grease/Inspections 1,500.00 1,500.00 ‐ 1,500.00 20‐5400‐55‐00 Uniform Expense 8,600.00 8,600.00 353.95 4.12 8,246.05 20‐5430‐55‐00 Legal Fees 500.00 500.00 ‐ 500.00 20‐5480‐55‐00 Contracted Services 21,000.00 21,000.00 ‐ 21,000.00 20‐5520‐55‐00 Telephones 3,560.00 3,560.00 64.37 64.37 1.81 3,495.63 20‐5521‐55‐00 Cell Phone Expense 1,080.00 1,080.00 ‐ 1,080.00 20‐5524‐55‐00 Gas ‐ Building 1,000.00 1,000.00 ‐ 1,000.00 20‐5525‐55‐00 Electricity 50,800.00 50,800.00 8,821.72 3,437.27 17.37 41,978.28 20‐5530‐55‐00 Travel/Lodging/Meals Expense 600.00 600.00 ‐ 600.00 20‐5533‐55‐00 Mileage Expense 500.00 500.00 ‐ 500.00 20‐5536‐55‐00 Training/Seminars 1,700.00 1,700.00 ‐ 1,700.00 20‐5540‐55‐00 Water Testing 500.00 500.00 ‐ 500.00 20‐5560‐55‐00 Sewer Management Fees 1,268,700.00 1,268,700.00 380,492.17 93,963.00 29.99 888,207.83 20‐5620‐55‐00 Tools & Equipment 4,500.00 4,500.00 25.45 25.45 0.57 4,474.55 20‐5630‐55‐00 Safety Equipment 4,600.00 4,600.00 6,593.67 6,261.18 143.34 (1,993.67) 20‐5640‐55‐00 Signs & Hardware 1,000.00 1,000.00 ‐ 1,000.00 20‐5650‐55‐00 Maintenance Materials 1,000.00 1,000.00 ‐ 1,000.00 20‐5660‐55‐00 Chemical Supplies 1,000.00 1,000.00 ‐ 1,000.00 20‐5670‐55‐00 System Improvements/Repairs 12,000.00 12,000.00 1,033.50 8.61 10,966.50 20‐5680‐55‐00 Lift Station Expense 30,900.00 30,900.00 24,345.30 350.00 78.79 6,554.70 20‐6140‐55‐00 Capital Expenditure ‐ Equipmt 75,000.00 75,000.00 76,796.00 ‐ (1,796.00) Subtotal object ‐ 0 1,719,239.00 1,719,239.00 463,141.84 117,961.27 76,796.00 26.94 1,179,301.16 Program number: 1,719,239.00 1,719,239.00 463,141.84 117,961.27 76,796.00 26.94 1,179,301.16 Department number: 55 Sewer 1,719,239.00 1,719,239.00 463,141.84 117,961.27 76,796.00 26.94 1,179,301.16 20‐5110‐57‐00 Salaries & Wages 106,969.00 106,969.00 22,650.00 7,754.36 21.17 84,319.00 20‐5115‐57‐00 Salaries ‐ Overtime 5,000.00 5,000.00 557.59 305.12 11.15 4,442.41 20‐5140‐57‐00 Salaries ‐ Longevity Pay 550.00 550.00 545.00 99.09 5.00 20‐5145‐57‐00 Social Security Expense 6,788.00 6,788.00 1,401.21 470.06 20.64 5,386.79 20‐5150‐57‐00 Medicare Expense 1,588.00 1,588.00 327.69 109.94 20.64 1,260.31 20‐5155‐57‐00 SUTA Expense 621.00 621.00 68.09 19.63 10.97 552.91 20‐5160‐57‐00 Health Insurance 8,223.00 8,223.00 1,914.53 955.22 23.28 6,308.47 20‐5165‐57‐00 Dental Insurance 626.00 626.00 122.69 51.12 19.60 503.31 20‐5170‐57‐00 AD&D/Life Insurance 189.00 189.00 37.82 15.76 20.01 151.18 20‐5175‐57‐00 Liability (TML) Workers' Comp 241.00 241.00 210.98 87.54 30.02 20‐5180‐57‐00 TMRS Expense 12,686.00 12,686.00 2,258.87 784.66 17.81 10,427.13 20‐5185‐57‐00 Long Term/Short Term Disabilit 185.00 185.00 ‐ 185.00 20‐5186‐57‐00 WELLE‐Wellness Prog Reimb‐Empl 1,200.00 1,200.00 240.00 100.00 20.00 960.00 20‐5210‐57‐00 Office Supplies 1,600.00 1,600.00 1,234.77 1,039.82 77.17 365.23 20‐5212‐57‐00 Building Supplies 800.00 800.00 278.50 31.97 34.81 521.50 20‐5220‐57‐00 Office Equipment 2,000.00 2,000.00 699.29 266.29 34.97 1,300.71 20‐5230‐57‐00 Dues,Fees,& Subscriptions 150.00 150.00 ‐ 150.00 20‐5240‐57‐00 Postage and Delivery 21,000.00 21,000.00 4,789.66 2,607.00 22.81 16,210.34 20‐5280‐57‐00 Printing and Reproduction 1,000.00 1,000.00 ‐ 1,000.00 36Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 20‐5400‐57‐00 Uniform Expense 150.00 150.00 ‐ 150.00 20‐5418‐57‐00 IT Fees 8,000.00 8,000.00 ‐ 8,000.00 20‐5419‐57‐00 IT Licenses 10,000.00 10,000.00 ‐ 10,000.00 20‐5470‐57‐00 Trash Collection 820,000.00 820,000.00 146,386.30 73,239.87 17.85 673,613.70 20‐5479‐57‐00 Household Haz. Waste Disposal 6,000.00 6,000.00 500.00 100.00 8.33 5,500.00 20‐5480‐57‐00 Contracted Services 15,000.00 15,000.00 1,187.02 573.53 7.91 13,812.98 20‐5520‐57‐00 Telephones 800.00 800.00 ‐ 800.00 20‐5530‐57‐00 Travel/Lodging/Meals Expense 300.00 300.00 ‐ 300.00 20‐5533‐57‐00 Mileage Expense 1,000.00 1,000.00 ‐ 1,000.00 20‐5536‐57‐00 Training/Seminars 900.00 900.00 ‐ 900.00 Subtotal object ‐ 0 1,033,566.00 1,033,566.00 185,410.01 88,424.35 17.94 848,155.99 Program number: 1,033,566.00 1,033,566.00 185,410.01 88,424.35 17.94 848,155.99 Department number: 57 Utility Billing Department 1,033,566.00 1,033,566.00 185,410.01 88,424.35 17.94 848,155.99 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 10,357,475.00 10,357,475.00 1,627,631.03 595,347.34 106,218.75 15.72 8,623,625.22 Fund number: 20 Water/Sewer 62,182.00 62,182.00 (850,576.33) (104,781.35) 106,218.75 ‐‐‐806,539.58 30‐4105‐10‐00 Property Taxes ‐Delinquent (50,000.00) (50,000.00) (3,681.94) (723.36) 7.36 (46,318.06) 30‐4110‐10‐00 Property Taxes ‐Current (2,870,065.00) (2,870,065.00) (1,992,109.60) (1,754,837.28) 69.41 (877,955.40) 30‐4115‐10‐00 Taxes ‐Penalties (20,000.00) (20,000.00) 1,744.78 234.10 (8.72) (21,744.78) 30‐4610‐10‐00 Interest Income (15,000.00) (15,000.00) (4,339.80) (1,863.64) 28.93 (10,660.20) Subtotal object ‐ 0 (2,955,065.00) (2,955,065.00) (1,998,386.56) (1,757,190.18) 67.63 (956,678.44) Program number: (2,955,065.00) (2,955,065.00) (1,998,386.56) (1,757,190.18) 67.63 (956,678.44) Department number: 10 Administrative (2,955,065.00) (2,955,065.00) (1,998,386.56) (1,757,190.18) 67.63 (956,678.44) Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (2,955,065.00) (2,955,065.00) (1,998,386.56) (1,757,190.18) 67.63 (956,678.44) 30‐6186‐10‐00 2013 GO Ref Bond 287,200.00 287,200.00 ‐ 287,200.00 30‐6191‐10‐00 2010 Tax Note Payment 370,175.00 370,175.00 ‐ 370,175.00 30‐6192‐10‐00 2011 Ref Bond Pmt 176,616.00 176,616.00 ‐ 176,616.00 30‐6193‐10‐00 2012 GO Bond Payment 112,413.00 112,413.00 ‐ 112,413.00 30‐6198‐10‐00 2006 Bond Payment 453,413.00 453,413.00 ‐ 453,413.00 30‐6199‐10‐00 2008 CO Bond Payment 1,079,049.00 1,079,049.00 ‐ 1,079,049.00 30‐6200‐10‐00 Bond Administrative Fees 21,000.00 21,000.00 1,200.00 400.00 5.71 19,800.00 30‐6201‐10‐00 2014 G.O. Bond Payment 370,199.00 370,199.00 ‐ 370,199.00 Subtotal object ‐ 0 2,870,065.00 2,870,065.00 1,200.00 400.00 0.04 2,868,865.00 Program number: 2,870,065.00 2,870,065.00 1,200.00 400.00 0.04 2,868,865.00 Department number: 10 Administrative 2,870,065.00 2,870,065.00 1,200.00 400.00 0.04 2,868,865.00 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 2,870,065.00 2,870,065.00 1,200.00 400.00 0.04 2,868,865.00 Fund number: 30 Interest and Sinking (85,000.00) (85,000.00) (1,997,186.56) (1,756,790.18) ‐‐‐1,912,186.56 40‐4100‐10‐00 Charges for Services (25,000.00) (25,000.00) (4,365.00) (4,365.00) 17.46 (20,635.00) 40‐4610‐10‐00 Interest Income (250.00) (250.00) (161.09) (55.56) 64.44 (88.91) 40‐4995‐10‐00 Transfer In (19,400.00) (19,400.00) (600.00) (200.00) 3.09 (18,800.00) Subtotal object ‐ 0 (44,650.00) (44,650.00) (5,126.09) (4,620.56) 11.48 (39,523.91) Program number: (44,650.00) (44,650.00) (5,126.09) (4,620.56) 11.48 (39,523.91) Department number: 10 General Fund (44,650.00) (44,650.00) (5,126.09) (4,620.56) 11.48 (39,523.91) Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (44,650.00) (44,650.00) (5,126.09) (4,620.56) 11.48 (39,523.91) 40‐5160‐10‐00 MERP H & D Expense ‐ GF 30,000.00 30,000.00 2,800.00 9.33 27,200.00 Subtotal object ‐ 0 30,000.00 30,000.00 2,800.00 9.33 27,200.00 Program number: 30,000.00 30,000.00 2,800.00 9.33 27,200.00 Department number: 10 General Fund 30,000.00 30,000.00 2,800.00 9.33 27,200.00 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 30,000.00 30,000.00 2,800.00 9.33 27,200.00 Fund number: 40 Internal Service Fund (14,650.00) (14,650.00) (2,326.09) (4,620.56) 15.88 (12,323.91) 37Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 41‐4100‐99‐00 Charges for Services (486,195.00) (486,195.00) (133,505.49) (44,501.83) 27.46 (352,689.51) 41‐4910‐99‐00 Other Reimbursements (50,000.00) (50,000.00) (9,976.12) (9,976.12) 19.95 (40,023.88) 41‐4995‐99‐00 Transfer In (800,000.00) (800,000.00) ‐ (800,000.00) Subtotal object ‐ 0 (1,336,195.00) (1,336,195.00) (143,481.61) (54,477.95) 10.74 (1,192,713.39) Program number: (1,336,195.00) (1,336,195.00) (143,481.61) (54,477.95) 10.74 (1,192,713.39) Department number: 99 Non‐Departmental (1,336,195.00) (1,336,195.00) (143,481.61) (54,477.95) 10.74 (1,192,713.39) Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (1,336,195.00) (1,336,195.00) (143,481.61) (54,477.95) 10.74 (1,192,713.39) 41‐6125‐10‐01 Capital‐Equipment (Technology) 10,470.00 10,470.00 ‐ 10,470.00 Subtotal object ‐ 0 10,470.00 10,470.00 ‐ 10,470.00 Program number: 1 Administration‐Town Manager 10,470.00 10,470.00 ‐ 10,470.00 41‐6125‐10‐02 Capital‐Equipment (Technology) 2,200.00 2,200.00 ‐ 2,200.00 Subtotal object ‐ 0 2,200.00 2,200.00 ‐ 2,200.00 Program number: 2 Administration‐Town Secretary 2,200.00 2,200.00 ‐ 2,200.00 41‐6125‐10‐03 Capital‐Equipment (Technology) 8,300.00 8,300.00 ‐ 8,300.00 Subtotal object ‐ 0 8,300.00 8,300.00 ‐ 8,300.00 Program number: 3 Administration‐Finance 8,300.00 8,300.00 ‐ 8,300.00 41‐6125‐10‐04 Capital‐Equipment (Technology) 2,200.00 2,200.00 ‐ 2,200.00 Subtotal object ‐ 0 2,200.00 2,200.00 ‐ 2,200.00 Program number: 4 Administration‐Human Resources 2,200.00 2,200.00 ‐ 2,200.00 Department number: 10 Administration‐Town Manager 23,170.00 23,170.00 ‐ 23,170.00 41‐6125‐20‐00 Capital‐Equipment (Technology) 53,040.00 53,040.00 ‐ 53,040.00 41‐6160‐20‐00 Capital‐Vehicles 76,000.00 76,000.00 ‐ 76,000.00 Subtotal object ‐ 0 129,040.00 129,040.00 ‐ 129,040.00 Program number: 129,040.00 129,040.00 ‐ 129,040.00 Department number: 20 Police 129,040.00 129,040.00 ‐ 129,040.00 41‐6125‐25‐00 Capital‐Equipment (Technology) 1,700.00 1,700.00 ‐ 1,700.00 Subtotal object ‐ 0 1,700.00 1,700.00 ‐ 1,700.00 Program number: 1,700.00 1,700.00 ‐ 1,700.00 Department number: 25 Dispatch 1,700.00 1,700.00 ‐ 1,700.00 41‐6125‐30‐00 Capital‐Equipment (Technology) 31,670.00 31,670.00 ‐ 31,670.00 41‐6160‐30‐00 Capital‐Vehicles 250,000.00 250,000.00 ‐ 250,000.00 Subtotal object ‐ 0 281,670.00 281,670.00 ‐ 281,670.00 Program number: 281,670.00 281,670.00 ‐ 281,670.00 Department number: 30 Fire 281,670.00 281,670.00 ‐ 281,670.00 41‐6125‐35‐00 Capital‐Equipment (Technology) 2,430.00 2,430.00 ‐ 2,430.00 Subtotal object ‐ 0 2,430.00 2,430.00 ‐ 2,430.00 Program number: 2,430.00 2,430.00 ‐ 2,430.00 Department number: 35 Fire Marshal 2,430.00 2,430.00 ‐ 2,430.00 41‐6125‐50‐00 Capital‐Equipment (Technology) 6,100.00 6,100.00 ‐ 6,100.00 41‐6140‐50‐00 Machinery & Equipment 95,000.00 95,000.00 ‐ 95,000.00 41‐6160‐50‐00 Capital‐Vehicles 44,000.00 44,000.00 ‐ 44,000.00 Subtotal object ‐ 0 145,100.00 145,100.00 ‐ 145,100.00 Program number: 145,100.00 145,100.00 ‐ 145,100.00 Department number: 50 Water 145,100.00 145,100.00 ‐ 145,100.00 41‐6125‐55‐00 Capital‐Equipment (Technology) 2,200.00 2,200.00 ‐ 2,200.00 41‐6160‐55‐00 Capital‐Vehicles 142,000.00 142,000.00 ‐ 142,000.00 Subtotal object ‐ 0 144,200.00 144,200.00 ‐ 144,200.00 Program number: 144,200.00 144,200.00 ‐ 144,200.00 Department number: 55 Sewer 144,200.00 144,200.00 ‐ 144,200.00 38Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 41‐6125‐57‐00 Capital‐Equipment (Technology) 3,400.00 3,400.00 ‐ 3,400.00 Subtotal object ‐ 0 3,400.00 3,400.00 ‐ 3,400.00 Program number: 3,400.00 3,400.00 ‐ 3,400.00 Department number: 57 Utility Billing 3,400.00 3,400.00 ‐ 3,400.00 41‐6125‐60‐00 Capital‐Equipment (Technology) 2,200.00 2,200.00 ‐ 2,200.00 Subtotal object ‐ 0 2,200.00 2,200.00 ‐ 2,200.00 Program number: 2,200.00 2,200.00 ‐ 2,200.00 Department number: 60 Parks 2,200.00 2,200.00 ‐ 2,200.00 41‐6125‐70‐00 Capital‐Equipment (Technology) 2,200.00 2,200.00 ‐ 2,200.00 Subtotal object ‐ 0 2,200.00 2,200.00 ‐ 2,200.00 Program number: 2,200.00 2,200.00 ‐ 2,200.00 Department number: 70 Municipal Court 2,200.00 2,200.00 ‐ 2,200.00 41‐6125‐80‐00 Capital‐Equipment (Technology) 8,500.00 8,500.00 ‐ 8,500.00 41‐6160‐80‐00 Capital‐Vehicles 40,000.00 40,000.00 ‐ 40,000.00 Subtotal object ‐ 0 48,500.00 48,500.00 ‐ 48,500.00 Program number: 48,500.00 48,500.00 ‐ 48,500.00 Department number: 80 Inspections 48,500.00 48,500.00 ‐ 48,500.00 41‐6125‐85‐00 Capital‐Equipment (Technology) 1,700.00 1,700.00 ‐ 1,700.00 Subtotal object ‐ 0 1,700.00 1,700.00 ‐ 1,700.00 Program number: 1,700.00 1,700.00 ‐ 1,700.00 Department number: 85 Code Enforcement 1,700.00 1,700.00 ‐ 1,700.00 41‐6125‐90‐00 Capital‐Equipment (Technology) 6,100.00 6,100.00 ‐ 6,100.00 Subtotal object ‐ 0 6,100.00 6,100.00 ‐ 6,100.00 Program number: 6,100.00 6,100.00 ‐ 6,100.00 Department number: 90 Planning 6,100.00 6,100.00 ‐ 6,100.00 41‐6125‐98‐00 Capital‐Equipment (Technology) 2,200.00 2,200.00 ‐ 2,200.00 Subtotal object ‐ 0 2,200.00 2,200.00 ‐ 2,200.00 Program number: 2,200.00 2,200.00 ‐ 2,200.00 Department number: 98 Engineering 2,200.00 2,200.00 ‐ 2,200.00 41‐6125‐99‐00 Capital‐Equipment (Technology) 3,400.00 3,400.00 ‐ 3,400.00 Subtotal object ‐ 0 3,400.00 3,400.00 ‐ 3,400.00 Program number: 3,400.00 3,400.00 ‐ 3,400.00 Department number: 99 Non‐Departmental 3,400.00 3,400.00 ‐ 3,400.00 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 797,010.00 797,010.00 ‐ 797,010.00 Fund number: 41 Vehicle/Equipment Replacement (539,185.00) (539,185.00) (143,481.61) (54,477.95) 26.61 (395,703.39) 45‐4001‐10‐00 Storm Drainage Utility Fee (270,400.00) (270,400.00) (66,178.63) (22,291.65) 24.47 (204,221.37) 45‐4610‐10‐00 Interest Storm Utility (1,600.00) (1,600.00) (119.72) (42.41) 7.48 (1,480.28) Subtotal object ‐ 0 (272,000.00) (272,000.00) (66,298.35) (22,334.06) 24.37 (205,701.65) Program number: (272,000.00) (272,000.00) (66,298.35) (22,334.06) 24.37 (205,701.65) Department number: 10 Administration (272,000.00) (272,000.00) (66,298.35) (22,334.06) 24.37 (205,701.65) Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (272,000.00) (272,000.00) (66,298.35) (22,334.06) 24.37 (205,701.65) 45‐5110‐10‐00 Salaries 80,056.00 80,056.00 6,801.45 2,369.60 8.50 73,254.55 45‐5115‐10‐00 Salaries‐Overtime 3,004.00 3,004.00 688.08 318.82 22.91 2,315.92 45‐5126‐10‐00 Salaries0Vacation Buy‐Out 171.00 171.00 ‐ 171.00 45‐5140‐10‐00 Salaries‐Longevity Pay 75.00 75.00 75.00 100.00 45‐5145‐10‐00 Social Security Expense 5,016.00 5,016.00 447.19 157.63 8.92 4,568.81 45‐5150‐10‐00 Medicare Expense 1,174.00 1,174.00 104.59 36.87 8.91 1,069.41 45‐5155‐10‐00 SUTA Expense 362.00 362.00 ‐ 362.00 45‐5160‐10‐00 Health Insurance 11,477.00 11,477.00 844.34 430.56 7.36 10,632.66 39Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 45‐5165‐10‐00 Dental Expense 270.00 270.00 61.34 25.56 22.72 208.66 45‐5170‐10‐00 Life Ins/AD&D 159.00 159.00 18.91 7.88 11.89 140.09 45‐5175‐10‐00 Liability (TML) Workers Comp 720.00 720.00 630.32 87.54 89.68 45‐5180‐10‐00 TMRS Expense 8,942.00 8,942.00 821.45 292.49 9.19 8,120.55 45‐5185‐10‐00 Long Term/Short Term Disabilit 1,536.00 1,536.00 ‐ 1,536.00 45‐5186‐10‐00 WELLE‐Wellness Prog Reimb Empl 600.00 600.00 84.00 35.00 14.00 516.00 45‐5210‐10‐00 Office Supplies 400.00 400.00 ‐ 400.00 45‐5220‐10‐00 Office Equipment 2,602.00 2,602.00 ‐ 2,602.00 45‐5230‐10‐00 Dues, Fees, & Subscriptions 300.00 300.00 ‐ 300.00 45‐5250‐10‐00 Publications 37.00 37.00 ‐ 37.00 45‐5310‐10‐00 Rental Expense 7,800.00 7,800.00 ‐ 7,800.00 45‐5320‐10‐00 Repairs & Maiantenance 800.00 800.00 ‐ 800.00 45‐5340‐10‐00 Building Repairs 500.00 500.00 ‐ 500.00 45‐5350‐10‐00 Vehicle Expense 1,500.00 1,500.00 ‐ 1,500.00 45‐5352‐10‐00 Fuel 3,300.00 3,300.00 495.46 106.89 15.01 2,804.54 45‐5353‐10‐00 Oil/Grease/Inspections 400.00 400.00 ‐ 400.00 45‐5400‐10‐00 Uniforms 3,300.00 3,300.00 114.95 3.48 3,185.05 45‐5410‐10‐00 Professional Services‐Storm Dr 5,000.00 5,000.00 ‐ 5,000.00 45‐5435‐10‐00 Legal Notices/Filings 1,365.00 ‐ (1,365.00) 45‐5480‐10‐00 Contract Services 23,009.00 ‐ (23,009.00) 45‐5520‐10‐00 Telephones 300.00 300.00 66.88 33.29 22.29 233.12 45‐5521‐10‐00 Cell Phone Expense 687.00 687.00 ‐ 687.00 45‐5530‐10‐00 Travel/Lodging/Meals Expense 200.00 200.00 ‐ 200.00 45‐5536‐10‐00 Training/Seminars 1,400.00 1,400.00 ‐ 1,400.00 45‐5620‐10‐00 Tools & Equipment 3,200.00 3,200.00 ‐ 3,200.00 45‐5630‐10‐00 Safety Equipment 2,600.00 2,600.00 103.16 3.97 2,496.84 45‐5640‐10‐00 Signs & Hardware 600.00 600.00 ‐ 600.00 45‐5650‐10‐00 Maintenance Materials 4,000.00 4,000.00 ‐ 4,000.00 45‐6160‐10‐00 Capital Expense‐Vehicles 19,000.00 19,000.00 ‐ 19,000.00 45‐6193‐10‐00 2012 CO Bond Payment 96,680.00 96,680.00 ‐ 96,680.00 45‐7143‐10‐00 Transfer to Internal Serv. Fd 240.00 240.00 60.00 20.00 25.00 180.00 45‐7147‐10‐00 Transfer to GF 14,778.00 14,778.00 3,694.50 1,231.50 25.00 11,083.50 Subtotal object ‐ 0 283,186.00 283,186.00 39,485.62 5,066.09 13.94 243,700.38 Program number: 283,186.00 283,186.00 39,485.62 5,066.09 13.94 243,700.38 Department number: 10 Administration 283,186.00 283,186.00 39,485.62 5,066.09 13.94 243,700.38 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 283,186.00 283,186.00 39,485.62 5,066.09 13.94 243,700.38 Fund number: 45 Storm Drainage Utility Fund 11,186.00 11,186.00 (26,812.73) (17,267.97) ‐‐‐37,998.73 60‐4045‐60‐00 Park Dedication‐Fees (200,000.00) (200,000.00) (18,280.00) 9.14 (181,720.00) 60‐4055‐60‐00 Park Improvement (300,000.00) (300,000.00) (18,000.00) 6.00 (282,000.00) 60‐4615‐60‐00 Interest‐Park Dedication (1,500.00) (1,500.00) (1,213.64) (470.57) 80.91 (286.36) 60‐4620‐60‐00 Interest‐Park Improvements (500.00) (500.00) (971.05) (375.44) 194.21 471.05 Subtotal object ‐ 0 (502,000.00) (502,000.00) (38,464.69) (846.01) 7.66 (463,535.31) Program number: (502,000.00) (502,000.00) (38,464.69) (846.01) 7.66 (463,535.31) Department number: 60 Parks and Recreation (502,000.00) (502,000.00) (38,464.69) (846.01) 7.66 (463,535.31) Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (502,000.00) (502,000.00) (38,464.69) (846.01) 7.66 (463,535.31) 60‐5290‐60‐00 Miscellaneous Expense 20.00 ‐ (20.00) 60‐5411‐60‐00 Professional Services‐Pk Imp 831.07 ‐ (831.07) 60‐6001‐60‐00 Pk Ded Fee Expense 125,000.00 125,000.00 ‐ 125,000.00 60‐6002‐60‐00 Pk Imp'ment fee‐Expense 89,000.00 89,000.00 ‐ 89,000.00 40Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget Subtotal object ‐ 0 214,000.00 214,000.00 20.00 831.07 0.01 213,148.93 Program number: 214,000.00 214,000.00 20.00 831.07 0.01 213,148.93 Department number: 60 Parks and Recreation 214,000.00 214,000.00 20.00 831.07 0.01 213,148.93 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 214,000.00 214,000.00 20.00 831.07 0.01 213,148.93 Fund number: 60 Parks & Recreation Fund (288,000.00) (288,000.00) (38,444.69) (846.01) 831.07 13.35 (250,386.38) 65‐4015‐99‐00 Impact Fees ‐Water (2,145,000.00) (2,145,000.00) (571,589.00) (223,315.00) 26.65 (1,573,411.00) 65‐4020‐99‐00 Impact Fees ‐Sewer (375,650.00) (375,650.00) (108,584.00) (39,458.00) 28.91 (267,066.00) 65‐4040‐99‐00 Thoroughfare Impact Fees (1,444,000.00) (1,444,000.00) (319,007.64) (97,094.00) 22.09 (1,124,992.36) 65‐4041‐99‐00 West Thorfare Imp. Fees Rev (242,255.00) (108,083.00) ‐ 242,255.00 65‐4615‐99‐00 Interest‐Water Impact Fee (3,500.00) (3,500.00) (3,600.45) (1,535.63) 102.87 100.45 65‐4620‐99‐00 Interest‐Sewer Impact Fee (1,500.00) (1,500.00) (2,096.31) (895.10) 139.75 596.31 65‐4640‐99‐00 Interest‐Thorfare Imp Fee (3,500.00) (3,500.00) (1,531.63) (650.98) 43.76 (1,968.37) 65‐4641‐99‐00 Interest‐West Thorfare imp fee (1,000.00) (1,000.00) (545.12) (232.90) 54.51 (454.88) Subtotal object ‐ 0 (3,974,150.00) (3,974,150.00) (1,249,209.15) (471,264.61) 31.43 (2,724,940.85) Program number: (3,974,150.00) (3,974,150.00) (1,249,209.15) (471,264.61) 31.43 (2,724,940.85) Department number: 99 Impact Fees (3,974,150.00) (3,974,150.00) (1,249,209.15) (471,264.61) 31.43 (2,724,940.85) Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (3,974,150.00) (3,974,150.00) (1,249,209.15) (471,264.61) 31.43 (2,724,940.85) 65‐5415‐99‐00 Professional Serv‐Water Imp Fe 1,690.28 ‐ (1,690.28) 65‐5420‐99‐00 Professional Serv‐Sewer Imp Fe 1,012.35 ‐ (1,012.35) 65‐5440‐99‐00 Professional Serv‐Thorfare Imp 5,041.50 1,324.00 ‐ (5,041.50) 65‐5441‐99‐00 Prof Serv‐West Thorfare Impact 7,777.50 ‐ (7,777.50) 65‐6115‐99‐00 Capital Expenditure‐Water 926,887.00 926,887.00 ‐ 926,887.00 65‐6120‐99‐00 Capital Expenditure‐Sewer 136,600.00 136,600.00 ‐ 136,600.00 65‐6140‐99‐00 Capital Expenditure‐Thorofare 1,905,000.00 1,905,000.00 95,440.00 5.01 1,809,560.00 65‐6141‐99‐00 Cap. Exp‐West Thorfare Impact 278,700.00 ‐ (278,700.00) 65‐7144‐99‐00 Transfer to Capital Proj Fund 31,770.27 10,590.09 ‐ (31,770.27) Subtotal object ‐ 0 2,968,487.00 2,968,487.00 420,419.55 11,914.09 1,012.35 14.16 2,547,055.10 Program number: 2,968,487.00 2,968,487.00 420,419.55 11,914.09 1,012.35 14.16 2,547,055.10 Department number: 99 Impact Fees 2,968,487.00 2,968,487.00 420,419.55 11,914.09 1,012.35 14.16 2,547,055.10 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 2,968,487.00 2,968,487.00 420,419.55 11,914.09 1,012.35 14.16 2,547,055.10 Fund number: 65 Impact Fees (1,005,663.00) (1,005,663.00) (828,789.60) (459,350.52) 1,012.35 82.41 (177,885.75) 67‐4530‐10‐00 Police Donation Inc (8,000.00) (8,000.00) (4,797.15) (2,606.15) 59.96 (3,202.85) 67‐4531‐10‐00 Fire Dept‐Donation Inc (9,360.00) (9,360.00) (2,257.00) (748.00) 24.11 (7,103.00) 67‐4535‐10‐00 Child Safety Inc (7,000.00) (7,000.00) (3,661.11) (530.82) 52.30 (3,338.89) 67‐4536‐10‐00 Court Security Revenue (5,280.00) (5,280.00) (1,318.79) (449.14) 24.98 (3,961.21) 67‐4537‐10‐00 Technology Fd Revenue (7,020.00) (7,020.00) (1,746.38) (590.86) 24.88 (5,273.62) 67‐4610‐10‐00 Interest Income (3,720.00) (3,720.00) (967.55) (332.50) 26.01 (2,752.45) 67‐4721‐10‐00 Country Xmas Donations (10,000.00) (10,000.00) (10,740.00) (2,200.00) 107.40 740.00 67‐4915‐10‐00 Escrow Income (190,957.20) (156,100.64) ‐ 190,957.20 67‐4916‐10‐00 Cash Seizure Forfeit‐PD (13,420.80) 339.20 ‐ 13,420.80 Subtotal object ‐ 0 (50,380.00) (50,380.00) (229,865.98) (163,218.91) 456.26 179,485.98 Program number: (50,380.00) (50,380.00) (229,865.98) (163,218.91) 456.26 179,485.98 Department number: 10 Administrative (50,380.00) (50,380.00) (229,865.98) (163,218.91) 456.26 179,485.98 Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (50,380.00) (50,380.00) (229,865.98) (163,218.91) 456.26 179,485.98 67‐5201‐10‐00 Special Revenue Expense‐Other 590.00 590.00 ‐ (590.00) 67‐5202‐10‐00 Country Xmas Expense 10,000.00 10,000.00 27,670.75 1,156.75 300.00 276.71 (17,970.75) 67‐5203‐10‐00 Court Technology Expense 13,133.00 13,133.00 3,466.50 3,466.50 9,274.00 26.40 392.50 67‐5204‐10‐00 Court Security Expense 4,000.00 4,000.00 142.80 71.40 3.57 3,857.20 67‐5205‐10‐00 Police Donation Exp 6,000.00 6,000.00 4,150.00 4,150.00 69.17 1,850.00 41Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 67‐5206‐10‐00 Fire Dept Donation Exp 397.28 ‐ (397.28) 67‐5208‐10‐00 Child Safety Expense 25,000.00 25,000.00 ‐ 25,000.00 67‐5212‐10‐00 Tree Mitigation Expense 14,000.00 14,000.00 ‐ 14,000.00 67‐5292‐10‐00 PD Seizure Expense 3,000.00 3,000.00 ‐ 3,000.00 Subtotal object ‐ 0 75,133.00 75,133.00 36,417.33 9,434.65 9,574.00 48.47 29,141.67 Program number: 75,133.00 75,133.00 36,417.33 9,434.65 9,574.00 48.47 29,141.67 Department number: 10 Administrative 75,133.00 75,133.00 36,417.33 9,434.65 9,574.00 48.47 29,141.67 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 75,133.00 75,133.00 36,417.33 9,434.65 9,574.00 48.47 29,141.67 Fund number: 67 Special Revenue‐Donations 24,753.00 24,753.00 (193,448.65) (153,784.26) 9,574.00 ‐‐‐208,627.65 75‐4530‐10‐00 Contributions (19,696,900.00) (19,696,900.00) ‐ (19,696,900.00) 75‐4611‐10‐00 Interest‐2004 Bond (1,500.00) (1,500.00) (510.25) (173.36) 34.02 (989.75) 75‐4612‐10‐00 Interest‐2006 Bond (100.00) (100.00) (89.71) (35.65) 89.71 (10.29) 75‐4613‐10‐00 Interest 2008 Bond (5,000.00) (5,000.00) (3,426.50) (1,155.30) 68.53 (1,573.50) 75‐4616‐10‐00 Interest 2012 GO Bond (5,000.00) (5,000.00) (2,635.21) (883.86) 52.70 (2,364.79) 75‐4995‐10‐00 Transfer In (1,140,000.00) (1,140,000.00) (243,000.00) (81,000.00) 21.32 (897,000.00) Subtotal object ‐ 0 (20,848,500.00) (20,848,500.00) (249,661.67) (83,248.17) 1.20 (20,598,838.33) Program number: (20,848,500.00) (20,848,500.00) (249,661.67) (83,248.17) 1.20 (20,598,838.33) Department number: 10 Capital Projects (20,848,500.00) (20,848,500.00) (249,661.67) (83,248.17) 1.20 (20,598,838.33) Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (20,848,500.00) (20,848,500.00) (249,661.67) (83,248.17) 1.20 (20,598,838.33) 75‐5419‐10‐00‐1401‐FC Professional Services 57,904.75 61,484.75 ‐ (119,389.50) 75‐5419‐10‐00‐1402‐FC Professional Services 10,465.02 33,671.07 ‐ (44,136.09) 75‐5419‐10‐00‐1405‐ST Professional Services 29,325.00 5,865.00 44,425.00 ‐ (73,750.00) 75‐5419‐10‐00‐1408‐TR Professional Services 6,823.60 2,100.40 12,972.40 ‐ (19,796.00) 75‐5419‐10‐00‐1412‐ST Professional Services 21,500.00 ‐ (21,500.00) 75‐5419‐10‐00‐1416‐ST Professional Services 200.00 ‐ (200.00) 75‐6110‐10‐00 Capital Expenditure 28,407,055.00 28,407,055.00 ‐ 28,407,055.00 75‐6113‐10‐00 Capital Expenditure 2008 Bond 46,466.83 46,466.83 ‐ (46,466.83) 75‐6120‐10‐00 Non‐Bond Capital Expenditures 2,168.77 ‐ (2,168.77) 75‐6410‐10‐00‐1416‐ST Land Acquisition/ROW 3,855.00 ‐ (3,855.00) 75‐6610‐10‐00 Construction 3,599,581.00 ‐ (3,599,581.00) 75‐6610‐10‐00‐1205‐ST Construction 81,816.75 ‐ (81,816.75) 75‐6610‐10‐00‐1207‐ST Construction 365,663.35 111,490.32 110,951.31 ‐ (476,614.66) 75‐6610‐10‐00‐1304‐PK Construction 85,843.45 14,742.70 74,647.50 ‐ (160,490.95) 75‐6610‐10‐00‐1405‐ST Construction 11,465.00 ‐ (11,465.00) 75‐6610‐10‐00‐1411‐TR Construction 7,356.25 ‐ (7,356.25) 75‐6610‐10‐00‐1416‐ST Construction 358,622.00 ‐ (358,622.00) 75‐6610‐10‐00‐1502‐PK Construction 407,747.00 ‐ (407,747.00) Subtotal object ‐ 0 28,407,055.00 28,407,055.00 619,980.77 180,665.25 4,814,975.03 2.18 22,972,099.20 Program number: 28,407,055.00 28,407,055.00 619,980.77 180,665.25 4,814,975.03 2.18 22,972,099.20 Department number: 10 Capital Projects 28,407,055.00 28,407,055.00 619,980.77 180,665.25 4,814,975.03 2.18 22,972,099.20 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 28,407,055.00 28,407,055.00 619,980.77 180,665.25 4,814,975.03 2.18 22,972,099.20 Fund number: 75 Capital Projects 7,558,555.00 7,558,555.00 370,319.10 97,417.08 4,814,975.03 4.90 2,373,260.87 76‐4610‐10‐00 Interest Income (25,500.00) (25,500.00) (8,793.78) (2,946.63) 34.49 (16,706.22) 76‐4996‐10‐00 Transfers In (379,081.00) (379,081.00) (33,520.29) (11,173.43) 8.84 (345,560.71) Subtotal object ‐ 0 (404,581.00) (404,581.00) (42,314.07) (14,120.06) 10.46 (362,266.93) Program number: (404,581.00) (404,581.00) (42,314.07) (14,120.06) 10.46 (362,266.93) Department number: 10 Capital Projects‐W/S (404,581.00) (404,581.00) (42,314.07) (14,120.06) 10.46 (362,266.93) Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (404,581.00) (404,581.00) (42,314.07) (14,120.06) 10.46 (362,266.93) 76‐6610‐10‐00 Construction 2,382,500.00 2,382,500.00 ‐ 2,382,500.00 42Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 76‐6610‐10‐00‐1202‐WA Construction 230,927.50 ‐ (230,927.50) 76‐6610‐10‐00‐1204‐WA Construction 43,148.00 43,148.00 (23,176.00) ‐ (19,972.00) Subtotal object ‐ 0 2,382,500.00 2,382,500.00 274,075.50 43,148.00 (23,176.00) 11.50 2,131,600.50 Program number: 2,382,500.00 2,382,500.00 274,075.50 43,148.00 (23,176.00) 11.50 2,131,600.50 Department number: 10 Capital Projects‐W/S 2,382,500.00 2,382,500.00 274,075.50 43,148.00 (23,176.00) 11.50 2,131,600.50 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 2,382,500.00 2,382,500.00 274,075.50 43,148.00 (23,176.00) 11.50 2,131,600.50 Fund number: 76 Capital Projects ‐ Water/Sewer 1,977,919.00 1,977,919.00 231,761.43 29,027.94 (23,176.00) 11.72 1,769,333.57 80‐4120‐65‐00 Sales Taxes ‐ EDC (870,000.00) (870,000.00) (268,396.50) (95,981.91) 30.85 (601,603.50) 80‐4610‐65‐00 Interest Income (16,000.00) (16,000.00) (4,400.58) (1,538.45) 27.50 (11,599.42) Subtotal object ‐ 0 (886,000.00) (886,000.00) (272,797.08) (97,520.36) 30.79 (613,202.92) Program number: (886,000.00) (886,000.00) (272,797.08) (97,520.36) 30.79 (613,202.92) Department number: 65 Economic Development (886,000.00) (886,000.00) (272,797.08) (97,520.36) 30.79 (613,202.92) Revenue Subtotal ‐ ‐ ‐ ‐ ‐ ‐ (886,000.00) (886,000.00) (272,797.08) (97,520.36) 30.79 (613,202.92) 80‐5110‐65‐00 Salaries & Wages 231,000.00 231,000.00 51,485.15 17,753.50 22.29 179,514.85 80‐5115‐65‐00 Salaries ‐ Overtime 500.00 500.00 303.07 60.61 196.93 80‐5140‐65‐00 Salaries ‐ Longevity Pay 300.00 300.00 270.00 90.00 30.00 80‐5142‐65‐00 Car Allowance 6,000.00 6,000.00 1,338.47 461.54 22.31 4,661.53 80‐5143‐65‐00 Cell Phone Allowance 2,160.00 2,160.00 862.00 270.00 39.91 1,298.00 80‐5145‐65‐00 Social Security Expense 14,350.00 14,350.00 2,136.92 460.59 14.89 12,213.08 80‐5150‐65‐00 Medicare Expense 3,350.00 3,350.00 757.49 255.90 22.61 2,592.51 80‐5155‐65‐00 SUTA Expense 650.00 650.00 ‐ 650.00 80‐5160‐65‐00 Health Insurance 17,864.00 17,864.00 4,399.04 1,624.60 24.63 13,464.96 80‐5165‐65‐00 Dental Insurance 1,100.00 1,100.00 184.03 76.68 16.73 915.97 80‐5170‐65‐00 Life Insurance/AD&D 300.00 300.00 109.97 45.82 36.66 190.03 80‐5175‐65‐00 Liability (TML) Workers' Comp 550.00 550.00 481.50 87.55 68.50 80‐5176‐65‐00 TML Prop. & Liab Insurance 800.00 800.00 669.28 83.66 130.72 80‐5180‐65‐00 TMRS Expense 24,800.00 24,800.00 5,845.43 1,992.82 23.57 18,954.57 80‐5185‐65‐00 Long Term/Short Term Disabilit 560.00 560.00 ‐ 560.00 80‐5186‐65‐00 WELLE‐Wellness Prog Reimb‐Empl 1,800.00 1,800.00 168.00 70.00 9.33 1,632.00 80‐5189‐65‐00 Administrative Fees 7,500.00 7,500.00 1,875.00 625.00 25.00 5,625.00 80‐5191‐65‐00 Hiring Cost 100.00 100.00 ‐ 100.00 80‐5210‐65‐00 Office Supplies 2,000.00 2,000.00 371.96 18.60 1,628.04 80‐5212‐65‐00 Building Supplies 500.00 500.00 22.52 4.50 477.48 80‐5220‐65‐00 Office Equipment 1,800.00 1,800.00 924.90 51.38 875.10 80‐5230‐65‐00 Dues,Fees,& Subscriptions 6,000.00 6,000.00 1,677.14 489.00 27.95 4,322.86 80‐5240‐65‐00 Postage and Delivery 1,000.00 1,000.00 34.14 3.41 965.86 80‐5265‐65‐00 Promotional Expense 40,000.00 40,000.00 16,849.29 338.80 42.12 23,150.71 80‐5280‐65‐00 Printing and Reproduction 2,000.00 2,000.00 618.50 618.50 30.93 1,381.50 80‐5310‐65‐00 Rental Expense 41,000.00 41,000.00 6,710.60 16.37 34,289.40 80‐5330‐65‐00 Copier Expense 5,500.00 5,500.00 1,336.01 432.93 24.29 4,163.99 80‐5340‐65‐00 Building Repairs 200.00 200.00 ‐ 200.00 80‐5410‐65‐00 Professional Services 15,000.00 15,000.00 5,810.00 2,115.00 38.73 9,190.00 80‐5412‐65‐00 Audit Fees 1,500.00 1,500.00 1,500.00 ‐ 80‐5418‐65‐00 IT Fees 5,000.00 5,000.00 1,113.90 371.30 3,341.70 22.28 544.40 80‐5430‐65‐00 Legal Fees 15,000.00 15,000.00 95.00 95.00 0.63 14,905.00 80‐5520‐65‐00 Telephones 3,200.00 3,200.00 637.73 75.98 19.93 2,562.27 80‐5524‐65‐00 Gas‐Building 400.00 400.00 43.20 29.27 10.80 356.80 80‐5525‐65‐00 Electricity 2,100.00 2,100.00 339.68 148.96 16.18 1,760.32 80‐5526‐65‐00 Water 500.00 500.00 25.93 5.19 474.07 43Item 4c
TOWN OF PROSPER, TEXASMONTHLY FINANCIAL REPORT‐ALL FUNDSDECEMBER 2014COMPARE TO 25.00%Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number DescriptionAdopted BudgetAmendmentsAmended BudgetActualActualEncumbrances%Budget 80‐5530‐65‐00 Travel/Lodging/Meals Expense 10,000.00 10,000.00 915.33 9.15 9,084.67 80‐5531‐65‐00 Prospect Mtgs/Business Meals 5,500.00 5,500.00 422.79 7.69 5,077.21 80‐5533‐65‐00 Mileage Expense 2,300.00 2,300.00 50.01 42.95 2.17 2,249.99 80‐5536‐65‐00 Training/Seminars 5,500.00 5,500.00 1,690.00 30.73 3,810.00 80‐6015‐65‐00 Project Incentives 100,000.00 100,000.00 ‐ 100,000.00 Subtotal object ‐ 0 579,684.00 579,684.00 110,573.98 28,394.14 4,841.70 19.08 464,268.32 Program number: 579,684.00 579,684.00 110,573.98 28,394.14 4,841.70 19.08 464,268.32 Department number: 65 Economic Development 579,684.00 579,684.00 110,573.98 28,394.14 4,841.70 19.08 464,268.32 Expense Subtotal ‐ ‐ ‐ ‐ ‐ ‐ 579,684.00 579,684.00 110,573.98 28,394.14 4,841.70 19.08 464,268.32 44Item 4c
"A PLACE WHERE EVERYONE MATTERS"Investment Portfolio SummaryOctober 1, 2014 ‐ December 31, 2014Prepared ByTrish FeatherstonAccounting ManagerTown of ProsperKent R. AustinFinance DirectorTown of ProsperItem 4d
10/1/201412/31/201445,228,10649,661,26645,228,10649,661,26645,228,10649,661,266WAM at Beginning Period Date38 daysWAM at Ending Period Date30 daysIncrease/(Decrease) in Investment HoldingsMarket Value4,433,159Average Yield to Maturity for quarter0.493%Average Yield to Maturity 6 month T‐Bill0.077%Kent R. Austin, Finance DirectorTrish Featherston, Accounting ManagerThis quarterly report is in full compliance with the investment policy and strategy as established for the Town of Prosper, Texas and the Public Funds Investment Act (Chapter 2256, Government Code).Beginning Book Value: Ending Book Value:Beginning Market Value:Ending Market Value:Town of Prosper, TexasQuarterly Investment Report ‐ Town PortfolioOctober 1, 2014 ‐ December 31, 2014Portfolio Summary Management ReportBeginning Par Value: Ending Par Value:Item 4d
TOWN OF PROSPER, TEXASINVENTORY HOLDING REPORT12/31/14ALL FUND TYPES EXCEPT EDCMaturity BreakBank Deposit 28,217,178 Subtotal - Cash 28,217,178 56.8%TexPool 6,508,286TexStar 8,541,175 Subtotal - Pools 15,049,460 30.3%Agencies, Treasuries, Muni Bonds & CD's0-3 months 03-6 months 2,774,2926-9 months 2,589,5819-12 months 1,030,754 Subtotal - Other < 1 year 6,394,627 12.9%‐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 TypeG:\Finance\Investment Policy\Investment Report December 2014Town Page 21-2 years02-3 years0> 3 years00.06% Subtotal - Other 1 or > 1 year0 0.0%Total49,661,266 100%Asset DiversificationBank Deposit28,217,178 56.8%TexPool6,508,286 13.1%TexStar8,541,175 17.2%Certificate of Deposit6,394,627 12.9%Total49,661,266 100.0%05,000,00010,000,00015,000,00020,000,00025,000,00030,000,000Bank Deposit TexPool TexStar Certificate of DepositTown of Prosper ‐Security TypeG:\Finance\Investment Policy\Investment Report December 2014Town Page 2Item 4d
TOWN OF PROSPER, TEXASCURRENT INVESTMENT PORTFOLIOAS OF DECEMBER 31, 2014ALL FUND TYPES (EXCEPT EDC) AS DEFINED IN TOWN'S INVESTMENT POLICY PURCHASEDAYS DAYS TOTYPE OFSETTLEMENT MATURITYHELD MATURITY% TOTAL WEIGHTED AVG WEIGHTEDCUSIP SECURITY PARDATE DATE TERM 12/31/14 12/31/14 RATEMATURITY AVG. YIELDBank Deposit Cash28,217,178 12/31/14 01/01/15 10 1 0.7500% 56.82%0.5680.43%TexPoolPool6,508,286 12/31/14 01/01/15 10 1 0.0324% 13.11%0.1310.00%TexStarPool8,541,175 12/31/14 01/01/15 10 1 0.0424% 17.20%0.1720.01%CD 3000066 CD1,030,754 12/12/14 12/12/15 365 19 346 0.3500% 2.08%7.1810.01%CD 3000155 CD102,428 06/14/13 06/14/15 730 565 165 0.4500% 0.21%0.3400.00%CD 1071486 CD2,671,863 06/10/14 06/10/15 365 204 161 0.3500% 5.38%8.6620.02%CD 1071487 CD2,589,581 06/10/14 09/10/15 457 204 253 0.5500% 5.21%13.1930.03% 49,661,266 1,920 992 928 100.00%30.2480.49%G:\Finance\Investment Policy\Investment Report December 2014Town Page 3Item 4d
Town of Prosper, TexasQuarterly Portfolio ChangeCash57%Pools30%CD's13%Total Portfolio Assets as of 12/31/2014 are $49,661,266Cash53%Pools33%CD's14%Total Portfolio Assets as of9/30/2014 are $45,228,106 Average Portfolio Yield:0.47%Average Portfolio Yield:0.49%Average Portfolio Maturity:38 daysAverage Portfolio Maturity:30 days% Maturing within 3 months: 88.2%% Maturing within 3 months:87.1%G:\Finance\Investment Policy\Investment Report December 2014Town Page 4Item 4d
TOWN OF PROSPER, TEXASQUARTERLY POSITION CHANGE REPORTOctober 1, 2014 - December 31, 2014PURCHASEBOOK VALUEMARKET VALUETYPE OFCURRENT SETTLEMENT MATURITY BEGINNING ENDINGBEGINNING ENDINGCUSIP SECURITY PAR RATE DATE DATE 10/01/14 12/31/14 CHANGE 10/01/14 12/31/14 CHANGECash Positions: Bank Cash InvestmentsBank Deposit Cash28,217,178 Various12/31/14 01/01/15 23,792,354 28,217,178 4,424,825 23,792,354 28,217,178 4,424,825 Subtotal Cash Positions28,217,17823,792,354 28,217,178 4,424,825 23,792,354 28,217,178 4,424,825 Cash Positions: Pooled InvestmentsTexPool Pool6,508,286 0.032% 12/31/14 01/01/15 6,507,754 6,508,286532 6,507,754 6,508,286532 TexStar Pool8,541,175 0.042% 12/31/14 01/01/15 8,540,261 8,541,175914 8,540,261 8,541,175914 Subtotal Pool Investments 15,049,46015,048,015 15,049,460 1,446 15,048,015 15,049,460 1,446 Certificates of DepositCD 3000066 CD1,030,754 0.35% 12/12/14 12/12/15 1,029,855 1,030,754899 1,029,855 1,030,754 899 CD 3000155 CD102,428 0.45% 06/14/13 06/14/15 102,314 102,428115 102,314 102,428115 CD 1071486 CD2,671,863 0.35% 06/10/14 06/10/15 2,669,534 2,671,863 2,329 2,669,534 2,671,863 2,329 CD 1071487 CD2,589,581 0.55% 06/10/14 09/10/15 2,586,035 2,589,581 3,546 2,586,035 2,589,581 3,546 Subtotal CD's6,394,6276,387,738 6,394,627 6,889 6,387,738 6,394,627 6,889 Grand Total49,661,26645,228,106 49,661,266 4,433,159 45,228,106 49,661,266 4,433,159G:\Finance\Investment Policy\Investment Report December 2014Town Page 5G:\Finance\Investment Policy\Investment Report December 2014Town Page 5Item 4d
Page 1 of 2
To: Mayor and Town Council
From: Doug Kowalski, Chief of Police
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – January 27, 2015
Agenda Item:
Consider and act upon approving the purchase of two public safety rated sport utility vehicles for
the Police Department, from Holiday Chevrolet, through a Tarrant County contract.
Description of Agenda Item:
A 2007 Dodge Charger and a 2008 Ford Crown Victoria are FY 2014-2015 scheduled
replacements. These vehicles will be replaced with two SUVs that will allow for a new unit to be
placed into patrol and one to be used by the Chief. The Chief’s current vehicle, which is a 2013
Chevy pickup, will be reassigned to the Police Department’s Detective to be better utilized. The
introduction of these two replacement SUVs stays consistent with existing operational
guidelines within the Police Department.
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government
Code, Chapter 791, to enter into joint contracts and agreements for the performance of
governmental functions and services, including administrative functions normally associated
with the operation of government (such as purchasing necessary materials and equipment).
The Town of Prosper and Tarrant County entered into an interlocal agreement effective
February 2005, and it is in effect until terminated by either party.
Budget Impact:
The purchase price of each unit is $28,925.76, for a total amount of $57,851.52, and will be
funded by the Vehicle Equipment Replacement Fund (41-6160-20-00). The total budget for
these units is $76,000.00. The remaining balance will be utilized to purchase and install after-
market products for the units that are necessary for operations.
Attached Documents:
1. Quote 1
2. Quote 2
Town Staff Recommendation:
Town staff recommends approval of the purchase of two public safety rated sport utility vehicles
for the Police Department, from Holiday Chevrolet, through a Tarrant County contract.
Prosper is a place where everyone matters.
POLICE
Item 4e
Page 2 of 2
Proposed Motion:
I move to approve the purchase of two public safety rated sport utility vehicles for the Police
Department, from Holiday Chevrolet, through a Tarrant County contract.
Item 4e
Date 10/17/2014
Estimate #9880
Bill To
Prosper TX Police Department
Officer Barrett Morris
101 S. Main
Prosper, Texas 75078
Quantity Ordered 1
Total Vehicle Order Cost $28,925.76
2015 Chevrolet Tahoe 2WD 9C1
Vehicle Base Color - Black
SIGNATURE _____________________________________
Vehicle and Emergency Equipment Total
Customer Contact Barrett Morris
Customer Phone 972-347-9002
Customer E-mail barrett_morris@pro...
(903) 564-5641
george@defendersupply.comEstimate
By
George Severe
Final sale amount may be subject to
state and local sales tax.
Description Location Qty.Cost Total
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$28,925.76
Attachment 1Item 4e
Date 10/15/2014
Estimate #9858
Bill To
Prosper TX Police Department
Officer Barrett Morris
101 S. Main
Prosper, Texas 75078
Quantity Ordered 1
Total Vehicle Order Cost $28,925.76
2015 Chevrolet Tahoe 2WD 9C1
Vehicle Base Color - White
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Attachment 2
Item 4e
To: Mayor and Town Council
From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community
Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – January 27, 2015
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a License and
Irrigation/Landscape Maintenance Agreement between D.R. Horton-Texas, Ltd., Hawk Ridge
Community Association, and the Town of Prosper, Texas, related to the perimeter landscaping
improvements within the Hawk Ridge development.
Description of Agenda Item:
The Hawk Ridge development, located on the east side of Coleman Road just south of Reynolds
Middle School, has to provide perimeter landscaping improvements along the north side of the
Hawk Ridge development. The perimeter landscaping improvements consist of a single row of
three-inch caliper Live Oaks spaced at approximately thirty-foot centers, and associate irrigation.
Since the improvements are located with the right-of-way of Gorgeous Road, the attached
agreement clarifies the maintenance obligations of D.R. Horton-Texas, Ltd., and the Hawk Ridge
Community Association.
Attached Documents:
1. License and Irrigation/Landscape Maintenance Agreement
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality.
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a License
and Irrigation/Landscape Maintenance Agreement between D.R. Horton-Texas, Ltd., Hawk Ridge
Community Association, and the Town of Prosper, Texas, related to the perimeter landscaping
improvements within the Hawk Ridge development.
Proposed Motion:
I move to authorize the Town Manager to execute a License and Irrigation/Landscape
Maintenance Agreement between D.R. Horton-Texas, Ltd., Hawk Ridge Community Association,
and the Town of Prosper, Texas, related to the perimeter landscaping improvements within the
Hawk Ridge development.
Prosper is a place where everyone matters.
ENGINEERING
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To: Mayor and Town Council
From: Daniel L Heischman, P.E., Senior Engineer
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – January 27, 2015
Agenda Item:
Consider and act upon adopting the Stormwater Management Program requirement to meet
conditions of the TCEQ General Permit to discharge under the Texas Pollutant Discharge
Elimination System.
Description of Agenda Item:
With the recent growth in the past few years, the Town of Prosper has reached a population
which requires it to comply with the Texas Commission of Environmental Quality (TCEQ)
General Permit requirements to discharge under the Texas Pollutant Discharge Elimination
System. One component of compliance is to develop and implement a Stormwater
Management Program (SWMP) meeting the six minimum control measures set forth by TCEQ.
The six measures include:
1. Public Education, Outreach, and Involvement
2. Illicit Discharge Detection and Elimination (IDDE)
3. Construction Sites Stormwater Runoff Control
4. Post-Construction Stormwater Management in New Development and Redevelopment
5. Pollution Prevention and Good Housekeeping Measures for Municipal Operations
6. Industrial Stormwater Sources
Town staff developed a draft SWMP and made application to TCEQ in June of this year. Over
the subsequent months, staff addressed TCEQ's comments and was given the notice to
proceed with public comment in September 2014. Even though staff is awaiting final direction
from TCEQ, the program is now ready for implementation by the Town.
The program includes a variety of measures to comply with the requirements set by TCEQ
which include public education, adoption of a Stormwater Management Ordinance, staff training,
mapping and reporting, creating "good housekeeping" policies, and implementing construction
site controls to name a few. These measures are outlined in the SWMP and have yearly
benchmarks to achieving the goals of the program and will need to be complete by the fifth year
of the permit term which started back in December 2013. The program shall incorporate current
best management practices that the Town already implements, and shall develop new policies
and programs to address other requirements.
ENGINEERING
Prosper is a place where everyone matters.
Item 4g
Budget Impact:
Funding shall vary and shall be analyzed on a yearly basis to comply with the program's
requirements. Initial costs which will presumably be reoccurring and shall include mailers,
postage, printing for informational flyers, and other various educational m aterials. By year three
of permit term, program shall require professional services to survey existing storm sewer that
has not been previously located per our current GIS system to meet the TCEQ requirement for
storm sewer mapping. Most features will use current staff and existing resources.
Attached Documents:
1. Town of Prosper Stormwater Management Program
Town Staff Recommendation:
Town staff recommends that the Town Council approve the adoption the Stormwater
Management Program.
Proposed Motion:
I move to adopt the Stormwater Management Program.
Item 4g
SSTTOORRMMWWAATTEERR MMAANNAAGGEEMMEENNTT
PPRROOGGRRAAMM
November 2014
Prepared by the Town of Prosper for application to the Texas Commission on
Environmental Quality TPDES General Permit Number TXR04000
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TOWN OFFICIALS
Ray Smith Mayor
Meigs Miller Council Member - Place 4 / Mayor Pro-Tem
Kenneth Dugger Council Member - Place 2 / Deputy Mayor Pro-Tem
Michael Korbuly Council Member - Place 1
Curry Vogelsang, Jr. Council Member - Place 3
Mike Davis Council Member - Place 5
Jason Dixon Council Member - Place 6
Harlan Jefferson Town Manager
Hulon T. Webb, Jr., P.E. Executive Director of Development & Community Services
Frank Jaromin, P.E. Director of Public Works
Dan Heischman, P.E. Senior Engineer
Matt Richardson, P.E. Senior Engineer
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REVISION HISTORY
Revision
Number
Effective
Date Description
0 6/10/2014 Complete Revision of Engineering Design Standards
1 8/27/2014 Modifications per TCEQ review
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TABLE OF CONTENTS
A.INTRODUCTION ............................................................................................................................... 1
B.REGULATORY BACKGROUND ...................................................................................................... 1
C.PROGRAM OVERVIEW ................................................................................................................... 3
D.MINIMUM CONTROL MEASURES .................................................................................................. 4
1.PUBLIC EDUCATION, OUTREACH, AND INVOLVEMENT ........................................................ 4
2.ILLICIT DISCHARGE DETECTION AND ELIMINATION ............................................................. 8
3.CONSTRUCTION SITE STORMWATER RUNOFF CONTROL ................................................ 12
4.POST-CONSTRUCTION STORMWATER MANAGEMENT IN NEW DEVELOPMENT AND
REDEVELOPMENT ..................................................................................................................... 16
5.POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS ....... 19
6.INDUSTRIAL STORMWATER SOURCES ................................................................................. 25
E.RECORDKEEPING AND REPORTING ............................................................................................. 25
APPENDIX A TCEQ TPDES GENERAL PERMIT NO. TXR040000
APPENDIX B TOWN OF PROSPER NOTICE OF INTENT
APPENDIX C ANNUAL REPORT FORMS
APPENDIX D COMMON USED ACRONYMS
APPENDIX E GLOSSARY
APPENDIX F ALLOWABLE NON-STORMWATER DISCHARGES
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A. INTRODUCTION
Stormwater runoff is generated when precipitation from rain and snowmelt events flows over land or impervious
surfaces and does not percolate into the ground. As the runoff flows over the land or impervious surfaces (paved
streets, parking lots, and building rooftops), it accumulates debris, chemicals, sediment or other pollutants that could
adversely affect water quality if the runoff is discharged untreated. Polluted stormwater runoff from "urbanized areas"
is a major cause of impairment to our Nation’s waterways. Efforts to improve water quality came with the passage of
the Clean Water Act (CWA) in 1972. Under the authority of the Clean Water Act, the U.S. Environmental Protection
Agency (EPA) developed a stormwater permitting program with the goal of significantly reducing this pollution source.
The EPA passed the permitting authority for the State of Texas on to the Texas Commission on Environmental
Quality (TCEQ). The Town of Prosper has been designated as an "urbanized area" (UA) and therefore must make
application to TCEQ to discharge stormwater to waters of the United States. In order to become authorized under
the new TCEQ permit, the Town has developed a stormwater management program (SWMP) and intends to
implement best management practices (BMPs) that are designed to:
x Reduce the discharge of pollutants to the maximum extent practicable;
x protect water quality; and
x satisfy the appropriate water quality requirements of the Clean Water Act.
Town Background
The Town of Prosper is a growing community generally located in northwestern Collin County and partly in eastern
Denton County with US 380 as its southern boundary, and is approximately 35 miles north of downtown Dallas.
Prosper is a home-rule municipality, governed by a council-manager form of government. In 2010, the U.S. Census
Bureau calculated Prosper's population at 9,423, and in 2013, Prosper had an estimated population of 14,986 (per
Town of Prosper Economic Development Corporation). The Town of Prosper has a projected build-out population of
70,000 residents.
Prosper has a land area of 27 square miles in the Northern Blackland Prairie ecoregion of North Texas. Stormwater
from the Town falls in the Upper Trinity River basin with areas contributing to the Lewisville Lake watershed and the
Lake Lavon watershed by means of Doe Branch, Wilson Creek, Rutherford Creek and Parvin Branch.
B. REGULATORY BACKGROUND
The Clean Water Act establishes the basic structure for regulating discharges of pollutants into the waters of the
United States and regulating quality standards for surface waters. The CWA made it unlawful to discharge any
pollutant from a point source into navigable waters, unless a permit was obtained. EPA's National Pollutant
Discharge Elimination System (NPDES) permit program controls discharges. Point sources are discrete conveyances
such as pipes or man-made ditches.
Polluted stormwater runoff is commonly transported through Municipal Separate Storm Sewer Systems (MS4s), from
which it is often discharged untreated into local waterbodies. To prevent harmful pollutants from being washed or
dumped into an MS4, operators must obtain a NPDES permit and develop a stormwater management program.
x Phase I, issued in 1990, requires medium and large cities or certain counties with populations of 100,000 or
more to obtain NPDES permit coverage for their stormwater discharges.
x Phase II, issued in 1999, requires regulated small MS4s in urbanized areas, as well as small MS4s outside
the urbanized areas that are designated by the permitting authority, to obtain NPDES permit coverage for
their stormwater discharges.
In 1998, the U.S. EPA and the Texas Commission on Environmental Quality (TCEQ) signed a memorandum
agreement for the TCEQ to assume the regulatory authority for the NPDES as it applies to the State of Texas. This
program has been named the Texas Pollutant Discharge Elimination Program (TPDES). In 2007, TCEQ issued the
Phase II TXR040000 General Permit under the TPDES program, and was newly updated in December 2013.
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This TPDES General Permit program extends coverage of the Phase II Rule to include small MS4s in the
“urbanized areas” as designated by the U.S. Census Bureau.
Regulatory Requirements
The TCEQ TPDES General Permit Number TXR040000 requires small MS4s apply for authorization to
discharge stormwater to surface waters in the State of Texas. Application for coverage under this permit includes
the submittal of a Notice of Intent (NOI) form and preparation of a Stormwater Management Program (SWMP).
The TPDES permit will provide coverage for a five-year period and requires an annual report submittal to TCEQ.
A SWMP must be developed and submitted to TCEQ with the NOI for eligible discharges that will reach waters of the
United States (U.S.), including discharges from the regulated small MS4 to other MS4s or privately-owned separate
storm sewer systems that subsequently drain to waters of the U.S. according to the requirements of Part III of the
TPDES general permit:
Part III. Stormwater Management Program (SWMP)
To the extent allowable under state and local law, a SWMP must be developed, implemented and enforced according to the
requirements of Part III of this general permit, for stormwater discharges that reach waters of the U.S., regardless of whether the
discharge is conveyed through a separately operated storm sewer system. The SWMP must be developed, implemented and
enforced to reduce the discharge of pollutants from the small MS4 to the maximum extent practicable (MEP), to protect water
quality, and to satisfy the appropriate water quality requirements of the CWA and the TWC.
The SWMP shall include a time line that demonstrates a schedule for implementation of the program throughout the
permit term. The program must be completely implemented within five years of the issuance date of the TPDES
general permit, or within five years of being designated for those small MS4s which are designated following permit
issuance. Implementation of the SWMP is required immediately following receipt of written authorization from the
TCEQ.
The SWMP must identify and apply best management practices (BMPs) developed to prevent stormwater
pollution to the maximum extent practicable (MEP). BMPs are required to be developed to satisfy six stormwater
quality Minimum Control Measures (MCM):
1. Public Education, Outreach, and Involvement
2. Illicit Discharge Detection and Elimination (IDDE)
3. Construction Sites Stormwater Runoff Control
4. Post-Construction Stormwater Management in New Development and Redevelopment
5. Pollution Prevention and Good Housekeeping Measures for Municipal Operations
6. Industrial Stormwater Sources
Impaired Water Bodies
Discharges of the pollutant(s) of concern to impaired water bodies for which there is a TCEQ and EPA approved total
maximum daily load (TMDL) are not eligible for this general permit unless they are consistent with the approved
TMDL. A water body is impaired for purposes of the permit if it has been identified, pursuant to the latest TCEQ and
EPA approved CWA §303(d) list, as not meeting Texas Surface Water Quality Standards.
The permittee shall control the discharges of pollutant(s) of concern to impaired waters and waters with approved
TMDLs as provided in sections (a) and (b) below (only section b provided in SWMP), and shall assess the progress
in controlling those pollutants.
(b)Discharges Directly to Water Quality Impaired Water Bodies without an Approved TMDL
The permittee shall also determine whether the permitted discharge is directly to one or more water quality
impaired water bodies where a TMDL has not yet been approved by TCEQ and EPA. If the permittee
discharges directly into an impaired water body without an approved TMDL, the permittee shall perform the
following activities:
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(1) Discharging a Pollutant of Concern
a. Within the first year following the permit effective date, the permittee shall determine whether the small
MS4 may be a source of the pollutant(s) of concern by referring to the CWA §303(d) list and then
determining if discharges from the MS4 would be likely to contain the pollutant(s) of concern at levels of
concern.
b. If the permittee determines that the small MS4 may discharge the pollutant(s) of concern to an impaired
water body without an approved TMDL, the permittee shall, no later than two years following the permit
effective date, ensure that the SWMP includes focused BMPs, along with corresponding measurable goals,
that the permittee will implement, to reduce, the discharge of pollutant(s) of concern that contribute to the
impairment of the water body.
c. In addition, no later than three years following the permit effective date, the permittee shall submit an NOC
to amend the SWMP to include any additional BMPs to address the pollutant(s) of concern.
(2) Impairment of Bacteria
Where the impairment is for bacteria, the permittee shall identify potential significant sources and develop
and implement focused BMPs for those sources. The permittee may implement the BMPs listed in Part
II.D.4(a)(5) or proposed alternative BMPs, as appropriate.
(3) The annual report must include information on compliance with this section, including results of any sampling
conducted by the permittee.
C. PROGRAM OVERVIEW
The Town of Prosper has developed this SWMP in accordance with TPDES requirements for obtaining authorization
for stormwater and certain non-stormwater discharges. The SWMP describes specific actions that will be taken over
a five-year period to reduce pollutants and protect the Town's stormwater quality. The SWMP also sets measurable
goals and provides a schedule for the implementation of BMPs over the next five years. The permit will be renewed
every five years, and permit conditions will reflect progress made in the Town to improve stormwater quality. Various
BMPs have been developed for each of six required minimum control measures that are expected to minimize or
eliminate stormwater pollutants discharged into the storm sewer system and provide water quality protection for
receiving water bodies.
The SWMP was developed by Town staff from multiple departments (Stormwater Stakeholder Committee) and led by
the Engineering Department. These "stakeholders" discussed and considered various structural and non-structural
BMPs that were used in the selection to meet the six MCMs. Several BMPs were selected and shall be implemented
throughout the five-year permit term authorized under the General Permit. The Stakeholder Committee was
comprised by department heads and/or their designees from select Town departments including:
x Engineering
x Public Works
x Building Inspections
x Parks & Recreation
x Planning
x Library
Various other departments including the Fire Department, Police, Town Secretary, Utility Billing, Purchasing, Human
Resources, and Town Administration were solicited for additional input. Supplementary advice was given through
the Collin County MS4 Stormwater Forum.
The Best Management Practices (BMP's) proposed in this SWMP have been selected to address the six minimum
control measures. These BMPs were selected based on analyzing existing practices in the Town of Prosper as well
as nearby communities. After extensive research, additional BMPs were also chosen from the EPA's National Menu
of Stormwater Best Management Practices, NCTCOG's Stormwater BMPs: A Menu of Management Plan Options for
Small MS4s in North Central Texas, and various TCEQ resources.
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Impaired Water Bodies: The Town of Prosper contributes stormwater runoff in the Upper Trinity River basin with
areas contributing to the Lewisville Lake watershed and the Lake Lavon watershed by means of Doe Branch, Wilson
Creek, Rutherford Creek and Parvin Branch. And according to CWA §303(d), Wilson Creek is listed as being an
impaired body.
SegID: 0821C
Category
5c
0821C_01
Parameter(s)
Wilson Creek (unclassified water body)
From the confluence with Lake Lavon in Collin County up to West FM 455 (NHD RC
12030106000086), just east of Celina, Collin Co., TX.
Entire water body
bacteria
Year Segment First Listed
2010
Category 5c - Additional data or information will be collected and/or evaluated for one or more parameters before a
management strategy is selected.
The Town discharges in the listed water body segment which is listed as impaired for bacteria. Bacteria is likely to be
found in stormwater discharges and may contribute to the impairment of the water body. While additional data or
information shall be collected and/or evaluated before a management strategy is selected, this SWMP will include
BMPs that will focus on the reduction of discharge of bacteria to the maximum extent practical. Specifically focused
BMPs, along with corresponding measurable goals, will target sanitary sewer systems, on-site sewage facilities, illicit
discharges and dumping, animal sources and residential education. The annual report will include information on
compliance with these BMPs and corresponding measurable goals.
D. MINIMUM CONTROL MEASURES
Operators of small municipal separate storm sewer system (MS4) must develop and submit to the TCEQ, a
stormwater management program (SWMP) that includes at least these six control measures:
x public education and outreach
x public involvement or participation
x detection and elimination of illicit discharges
x controls for stormwater runoff from construction sites
x post-construction stormwater management in areas of new development and redevelopment
x pollution prevention and “good housekeeping” measures for municipal operations
These measures must be developed by identifying and applying best management practices (BMPs). The minimum
control measures include the regulatory requirements, a description of the selected BMP's along with the
implementation schedule and measureable goals for the Town of Prosper's SWMP.
1. PUBLIC EDUCATION, OUTREACH, AND INVOLVEMENT
Regulatory Requirements:
(a) Public Education and Outreach
(1) All permittees shall develop, implement, and maintain a comprehensive stormwater education and outreach
program to educate public employees, businesses, and the general public of hazards associated with the illegal
discharges and improper disposal of waste and about the impact that stormwater discharges can have on local
waterways, as well as the steps that the public can take to reduce pollutants in stormwater.
Existing permittees shall assess program elements that were described in the previous permit, modify as
necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of
pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and
newly regulated permittees shall have the program fully implemented by the end of this permit term. The
program must, at a minimum:
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a. Define the goals and objectives of the program based on high priority community-wide issues (for example,
reduction of nitrogen in discharges from the small MS4, promoting previous techniques used in the small
MS4, or improving the quality of discharges to the Edwards Aquifer);
b. Identify the target audience(s);
c. Develop or utilize appropriate educational materials, such as printed materials, billboard and mass transit
advertisements, signage at select locations, radio advertisements, television advertisements, and websites;
and
d. Determine cost effective and practical methods and procedures for distribution of materials.
(2) Throughout the permit term, all permittees shall make the educational materials available to convey the
program’s message to the target audience(s) at least annually.
(3) All permittees shall review and update as necessary, the SWMP and MCM implementation procedures
required by Part III.A.2. Any changes must be reflected in the annual report. Such written procedures must be
maintained, either on site or in the SWMP and made available for inspection by the TCEQ.
(4) MS4 operators may partner with other MS4 operators to maximize the program and cost effectiveness of the
required outreach.
(b) Public Involvement
All permittees shall involve the public, and, at minimum, comply with any state and local public notice
requirements in the planning and implementation activities related to developing and implementing the SWMP,
except that correctional facilities are not required to implement this portion of the MCM.
Existing permittees shall assess program elements that were described in the previous permit, modify as
necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of
pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and
newly regulated permittees shall have the program fully implemented by the end of this permit term. At a
minimum, all permittees shall:
(1) If feasible, consider using public input (for example, the opportunity for public comment, or public meetings)
in the implementation of the program;
(2) If feasible, create opportunities for citizens to participate in the implementation of control measures, such as
stream clean-ups, storm drain stenciling, volunteer monitoring, volunteer “Adopt-A-Highway” programs, and
educational activities; and
(3) Ensure the public can easily find information about the SWMP.
Program Development
Objective: Through the selected BMPs, the Town of Prosper shall provide educational material to reach a range
of audiences to help promote stormwater quality and to reduce pollutants within our waterways. Material shall be
provided to reach residents, visitors, businesses, and Town employees in a variety of ways. Educational material
shall be provided and updated at a minimum of annual intervals. Opportunities throughout the permit term shall be
provided to allow the general public to offer public comment as well as participate in annual events. The goal is to
educate residents and others about the importance of stormwater quality, and show what steps can be done to
reduce pollutants in stormwater.
Selected BMPs:
BMP 1.1 Utility Bill Inserts
Description: Educational material regarding general stormwater information especially pertaining to TCEQ permit
guidelines shall be included in utility bill inserts at least once per year. Material are to include a variety of information
from year to year and shall include topics on hazards associated with illegal discharges and improper disposal of
waste, as well as the impact that stormwater discharges can have on local waterways. The inserts will also contain
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contact information for questions and comments. Inserts should reach all Prosper residents and businesses currently
being served by Town utilities.
Measurable Goal: The number of Prosper resident and business addresses with utility inserts.
Schedule of Implementation:
a Year 2: Create and insert material into utility bills.
a Year 3-5: Update material and continue insertion into utility bills.
Responsible Department: Utility Billing
BMP 1.2 Social Media
Description: Informative and educational material will be posted on the Town's Facebook page annually containing
general stormwater material pertaining to TCEQ permit guidelines. The Town will research additional forms of social
media to provide material to the general public who are "connected" to Prosper. Social media such as Facebook
allows users to interact with like minded individuals, and seek or share information on related topics.
Measurable Goal: Listed number of friends to Town Facebook page, and number of "likes" by Facebook users for
each related post.
Schedule of Implementation:
a Year 2: Create and post stormwater related material.
a Year 3-5: Update material and continue yearly posts. Look into additional forms of social media to reach
additional audiences and to continue to provide informative material.
Responsible Department: Public Works Department
BMP 1.3 Town Website
Description: Provide educational and informative material regarding stormwater related topics through links and the
creation of a dedicated webpage. The webpage is to include general TCEQ permit information as well as Town staff
contact information for questions or reporting purposes. Related topics will include information on hazards
associated with illegal discharges and improper disposal of waste, as well as the impact that stormwater discharges
can have on local waterways. Educational information addressing the impacts of bacteria on impaired water bodies
and promoting its reduction shall be included. The webpage is typically the most used form of gathering information
for a wide variety of users from businesses to consultants/developers to general public.
Measurable Goal: Webpage/related links up and running.
Schedule of Implementation:
a Year 2: Add links to related stormwater educational websites such as Texas Smartscape website as well as
related TCEQ webpage on Town Engineering webpage.
a Year 3-5:
x Continue to provide links to stormwater related websites.
x Create stormwater webpage and provide links to various related material.
a Year 4-5: Create intranet to allow easier access for Town staff to share information and Town guidelines with
each other.
Responsible Department: Public Works Department
BMP 1.4 Reference Material at Town Library
Description: Provide educational material for reference at the Public Library. Reference material to include
informative material relating to TCEQ stormwater permit, educational material on various stormwater BMP's including
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information on bacteria and promotion of its reduction in stormwater discharge, and information relating to Town of
Prosper stormwater management program.
Measurable Goal: Description of material provided.
Schedule of Implementation:
a Year 2: Create and provide reference material at Library.
a Year 3-5: Update material and continue to provide reference material.
Responsible Department: Library
BMP 1.5 Town Staff Education/Training
Description: Provide educational material to Town staff through various formats. Educational material related to
stormwater issues as it relates to Town functions shall be sent via staff email as well as be available on the Town's
intranet (once implemented). Additional training will be provided for staff directly related to construction activities.
Measurable Goal: Description of material provided.
Schedule of Implementation:
a Year 2:
x Create and email educational material using Town employee email.
x Hold training sessions for specific Town staff as job functions relate to construction.
a Year 3-5:
x Update material and send out via staff email.
x Continue staff training.
x Provide educational information via the Town's intranet once implemented.
Responsible Department: Public Works Department
BMP 1.6 Stormwater Hotline
Description: Develop and advertise a dedicated stormwater hotline to solicit information related to illicit discharges
and illegal dumping, stormwater complaints, and general comments regarding Prosper's stormwater management
program.
Measurable Goal: Establish dedicated phone line for residents questions and complaints.
Schedule of Implementation:
a Year 2: Provide contact info for Town staff to respond to resident questions and complaints on stormwater
related issues.
a Year 3-5: Provide dedicated phone hotline to address resident questions and complaints.
Responsible Department: Public Works Department
BMP 1.7 Educational Booth at Community Events
Description: Provide booth and/or table with various educational material and staffed with Town employees to
collect input from event's attendees and provide educational material.
Measurable Goal: Number of events educational booth has been provided.
Schedule of Implementation:
a Year 1-5: Provide booth at yearly Community events.
Responsible Department: Public Works Department
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BMP 1.8 Household Hazardous Waste Collection and Recycling
Description: Participate in area household hazardous waste collection day and advertise to residents. Continue to
enter into interlocal agreement with neighboring municipalities to allow collection of common household hazardous
material.
Measurable Goal: Hold annual event to allow residents an opportunity to participate in activities that promote
stormwater quality and reduction of pollutants in Town's waterways.
Schedule of Implementation:
a Year 1-5: Hold and promote yearly event for household hazardous waste collection.
Responsible Department: Public Works Department
2. ILLICIT DISCHARGE DETECTION AND ELIMINATION
Regulatory Requirements:
(a) Program Development
(1) All permittees shall develop, implement, and enforce a program to detect, investigate, and eliminate illicit
discharges into the small MS4. The program must include a plan to detect and address non-stormwater
discharges, including illegal dumping to the MS4 system.
Existing permittees must assess program elements that were described in the previous permit, modify as
necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of
pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and
newly regulated permittees shall have the program fully implemented by the end of this permit term. See also
Part III.A.1(c).
The Illicit Discharge Detection and Elimination (IDDE) program must include the following:
a. An up-to-date MS4 map (see Part III.B.2.(c)(1));
b. Methods for informing and training MS4 field staff (See Part III.B.2.(c)(2));
c. Procedures for tracing the source of an illicit discharge (see Part III. B.2.(c)(5));
d. Procedures for removing the source of the illicit discharge (see Part III.B.2.(c)(5));
e. For Level 2, 3 and 4 small MS4s, if applicable, procedures to prevent and correct any leaking on-site
sewage disposal systems that discharge into the small MS4;
f. For Level 4 small MS4s, procedures for identifying priority areas within the small MS4 likely to have illicit
discharges, and a list of all such areas identified in the small MS4 (See Part III.B.2.(g)(1)); and
g. For Level 4 small MS4s, field screening to detect illicit discharges (See Part III.B.2.(g)(2)).
(2) For non-traditional small MS4s, if illicit connections or illicit discharges are observed related to another
operator’s MS4, the permittee shall notify the other MS4 operator within 48 hours of discovery. If notification to
the other MS4 operator is not practicable, then the permittee shall notify the appropriate TCEQ regional office of
the possible illicit connection.
(3) If another MS4 operator notifies the permittee of an illegal connection or illicit discharge to the small MS4,
then the permittee shall follow the requirements specified in Part III.B.2.(c)(3).
(4) All permittees shall review and update as necessary, the SWMP and MCM implementation procedures
required by Part III.A.2. Any changes must be reflected in the annual report. Such written procedures must be
maintained, either on site or in the SWMP and made available for inspection by the TCEQ.
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Allowable Non-Stormwater Discharges
Non-stormwater flows listed in Part II.C. do not need to be considered by the permittee as an illicit discharge
requiring elimination unless the permittee or the TCEQ identifies the flow as a significant source of pollutants to the
small MS4.
Requirements for all Permittees
All permittees shall include the requirements described below in Parts III.B.2(c)(1)-(6)
(1) MS4 mapping
a. All permittees shall maintain an up-to-date MS4 map, which must be located on site and available for
review by the TCEQ. The MS4 map must show at a minimum the following information:
b. The location of all small MS4 outfalls that are operated by the permittee and that discharge into waters of
the U.S;
c. The location and name of all surface waters receiving discharges from the small MS4 outfalls; and
d. Priority areas identified under Part III.B.2.(e)(1) if applicable.
(2) Education and Training
All permittees shall implement a method for informing or training all the permittee’s field staff that may come into
contact with or otherwise observe an illicit discharge or illicit connection to the small MS4 as part of their normal
job responsibilities. Training program materials and attendance lists must be maintained on site and made
available for review by the TCEQ.
(3) Public Reporting of Illicit Discharges and Spills
To the extent feasible, all permittees shall publicize and facilitate public reporting of illicit discharges or water
quality impacts associated with discharges into or from the small MS4. The permittee shall provide a central
contact point to receive reports; for example by including a phone number for complaints and spill reporting.
(4) All permittees shall develop and maintain on site procedures for responding to illicit discharges and spills.
(5) Source Investigation and Elimination
a. Minimum Investigation Requirements – Upon becoming aware of an illicit discharge, all permittees shall
conduct an investigation to identify and locate the source of such illicit discharge as soon as practicable.
(i) All permittees shall prioritize the investigation of discharges based on their relative risk of pollution. For
example, sanitary sewage may be considered a high priority discharge.
(ii) All permittees shall report to the TCEQ immediately upon becoming aware of the occurrence of any
illicit flows believed to be an immediate threat to human health or the environment.
(iii) All permittees shall track all investigations and document, at a minimum, the date(s) the illicit discharge
was observed; the results of the investigation; any follow-up of the investigation; and the date the
investigation was closed.
b. Identification and Investigation of the Source of the Illicit Discharge –All permittees shall investigate and
document the source of illicit discharges where the permittees have jurisdiction to complete such an
investigation. If the source of illicit discharge extends outside the permittee’s boundary, all permittees shall
notify the adjacent permitted MS4 operator or TCEQ’s Field Operation Support Division according to Part
III.A.3.b.
c. Corrective Action to Eliminate Illicit Discharge
(i) If and when the source of the illicit discharge has been determined, all permittees shall immediately
notify the responsible party of the problem, and shall require the responsible party to perform all
necessary corrective actions to eliminate the illicit discharge.
(6) Inspections –The permittee shall conduct inspections, as determined appropriate, in response to complaints,
and shall conduct follow-up inspections as needed to ensure that corrective measures have been implemented
by the responsible party.
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Additional Requirements for Level 3 and 4 small MS4s
In addition to the requirements described in Parts III.B.2(c)(1)-(6) above, permittees who operate levels 3 and 4
small MS4s shall meet the following requirements:
(1) Source Investigation and Elimination
Permittees who operate level 3 and 4 small MS4 shall upon being notified that the discharge has been
eliminated, conduct a follow-up investigation or field screening, consistent with Part III.B.2.(e)(2), to verify that
the discharge has been eliminated. The permittee shall document its follow-up investigation. The permittee may
seek recovery and remediation costs from responsible parties consistent with Part III.A.3., and require
compensation related costs. Resulting enforcement actions must follow the procedures for enforcement action in
Part III.A.3. If the suspected source of the illicit discharge is authorized under an NPDES/TPDES permit or the
discharge is listed as an authorized non-stormwater discharge, as described in Part III.C., no further action is
required.
Additional Requirements for Level 4 small MS4s
In addition to the requirements described in Parts III.B.2(c)-(d) above, permittees who operate level 4 small MS4s
shall meet the following requirements:
(1) Identification of Priority Areas
Permittees who operate level 4 small MS4s shall identify priority areas and shall document the basis for the
selection of each priority area and shall create a list of all priority areas identified. This priority area list must be
available for review by the TCEQ.
(2) Dry Weather Field Screening
By the end of the permit term, permittees who operate level 4 small MS4s shall develop and implement a written
dry weather field screening program to assist in detecting and eliminating illicit discharges to the small MS4. Dry
weather field screening must consist of (1) field observations; and (2) field screening, as needed. If dry weather
field screening is necessary, at a minimum, the permittee shall:
a. Conduct dry weather field screening in priority areas as identified by the permittee in Part III.B.2(e)(1). By
the end of the permit term, all of those priority areas, although not necessarily all individual outfalls must be
screened.
b. Field observation requirements – The permittee shall develop written procedures for observing flows from
outfalls when there has been at least 72 hours of dry weather. The written procedures should include the
basis used to determine which outfalls would be observed. The permittee shall record visual observations
such as odor, color, clarity, floatables, deposits, or stains.
c. Field screening requirements – The permittee shall develop written procedures to determine which dry
weather flows will be screened, based on results of field observations or complaint from the public or the
permittee’s trained field staff. At a minimum, when visual observations indicate a potential problem such as
discolored flows, foam, surface sheen, and other similar indicators of contamination, the permittee shall
conduct a field screening analysis for selected indicator pollutants as determined by the permittee.
Screening methodology may be modified based on experience gained during the actual field screening
activities. The permittee shall document the method used.
Program Development
Objective: The Town shall develop, implement, and enforce a program to detect, investigate, and eliminate illicit
discharges into the small MS4. Town staff shall be trained to detect and investigate potential illicit discharges.
Ordinances shall be created and implement to give Town authority to eliminate illicit discharges. Goal is to give
Town employees tools to detect and enforce removal of illicit discharges.
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Selected BMPs
BMP 2.1 Storm Sewer Map
Description: Develop a storm sewer map in accordance with TCEQ requirements. Use existing GIS data for current
mapped infrastructure, and perform field survey where data is unavailable.
Measurable Goal: Creation of storm sewer map to show locations of existing storm sewer in addition to storm
outfalls in relation to names receiving bodies of water/Waters of the U.S. Include locations and names of all surface
waters receiving discharge from these outfalls.
Schedule of Implementation:
a Year 2-3: Create Town storm sewer map of existing sewer system with use of existing GIS data. Survey older
infrastructure missing from existing GIS mapping and integrate into storm sewer map. Add new data as
development occurs.
a Year 4-5: Update map due to continuing development within the Town.
Responsible Department: Engineering Department
BMP 2.2 Stormwater Management Ordinance - Illicit Discharge Elimination
Description: Review and update existing ordinances and create new ordinances as needed to comply with current
TCEQ requirements to provide the Town of Prosper the authority to require the elimination of illicit connections or
illegal dumping activities within the Town. Ordinance to address the reduction of bacteria in stormwater discharge
into Wilson Creek as well as other water bodies.
Measurable Goal: Create Ordinance to give Town of Prosper authority to eliminate illicit discharges and issue
fines, as needed.
Schedule of Implementation:
a Year 2-3: Draft and adopt Illicit Discharge Ordinance and get public input.
a Year 3-5: Commence enforcement and track process. Update and modify, as needed.
Responsible Department: Public Works Department
BMP 2.3 Illicit Discharge Investigation and Elimination
Description: Conduct investigations to determine the source of illicit connections and illegal dumping activities.
Follow procedures to remove source of the illicit discharge, and issues fines, as needed. Procedures to include
prevention and correction of leaking on-site sewage disposal systems.
Measurable Goal: Track number of investigations performed. Track number of detected discharges.
Schedule of Implementation:
a Year 2-3: Draft and adopt Illicit Discharge Ordinance. Train appropriate personnel. Create procedures to
remove illicit discharge.
a Year 3-5: Conduct investigations in accordance with established parameters. Issue fines.
a Year 4-5: Continue and update training for appropriate personnel. Update procedures, as needed.
Responsible Department: Public Works Department / Code Compliance Department
BMP 2.4 Household Hazardous Waste Collection and Recycling (also BMP 1.8)
Description: Participate in area household hazardous waste collection day and advertise to residents. Continue to
enter into interlocal agreement with neighboring municipalities to allow collection of common household hazardous
material.
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Measurable Goal: Hold annual event to allow residents opportunity to participate in activities that promote
stormwater quality and reduction of pollutants in the Town's waterways.
Schedule of Implementation:
a Year 1-5: Hold and promote yearly event for household hazardous waste collection.
Responsible Department: Public Works Department
BMP 2.5 Stormwater Hotline (also BMP 1.6)
Description:Develop and advertise a dedicated stormwater hotline to solicit information related to illicit discharges
and illegal dumping, stormwater complaints, and general comments regarding Prosper's stormwater management
program.
Measurable Goal: Establish dedicated phone line for residents questions and complaints.
Schedule of Implementation:
a Year 2: Provide contact info for Town staff to respond to resident questions and complaints on stormwater
related issues.
a Year 3-5: Provide dedicated phone hotline to address resident questions and complaints.
Responsible Department: Public Works Department
BMP 2.6 Hazardous Material Spill Response
Description: Continue implementation of existing spill response procedures and training to contain and properly
dispose hazardous material spills, and prevent those spills from entering the MS4. Review and update existing
procedures and training, as needed.
Measurable Goal: Provide annual Haz-Mat training to Fire Department staff that includes topics covering
stormwater quality impacts and preventing spills from entering the storm drain system and waterways. Document
annual training provided.
Schedule of Implementation:
a Year 1-5:
x Continue implementation of existing procedures and training.
x Track number of responses to spills / Hazmat incidents.
x Track number of training hours for appropriate employees.
Responsible Department: Fire Department
3. CONSTRUCTION SITE STORMWATER RUNOFF CONTROL
Regulatory Requirements:
(a) Requirements and Control Measures
(1) All permittees shall develop, implement, and enforce a program requiring operators of small and large
construction activities, as defined in Part I of this general permit, to select, install, implement, and maintain
stormwater control measures that prevent illicit discharges to the MEP. The program must include the
development and implementation of an ordinance or other regulatory mechanism, as well as sanctions to ensure
compliance to the extent allowable under state, federal, and local law, to require erosion and sediment control.
Existing permittees shall assess program elements that were described in the previous permit, modify as
necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of
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pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and
newly regulated permittees shall have the program fully implemented by the end of this permit term.
If TCEQ waives requirements for stormwater discharges associated with small construction from a specific
site(s), the permittee is not required to enforce the program to reduce pollutant discharges from such site(s).
(b) Requirements for all Permittees
All permittees shall include the requirements described below in Parts III.B.3(b)(1)-(7).
(1) All permittees shall review and update as necessary, the SWMP and MCM implementation procedures
required by Part III.A.2. Any changes must be included in the annual report. Such written procedures must be
maintained on site or in the SWMP and made available for inspection by the TCEQ.
(2) All permittees shall require that construction site operators implement appropriate erosion and sediment
control BMPs. The permittee’s construction program must ensure the following minimum requirements are
effectively implemented for all small and large construction activities discharging to its small MS4.
a. Erosion and Sediment Controls - Design, install, and maintain effective erosion controls and sediment
controls to minimize the discharge of pollutants.
b. Soil Stabilization - Stabilization of disturbed areas must, at a minimum, be initiated immediately whenever
any clearing, grading, excavating, or other earth disturbing activities have permanently ceased on any
portion of the site, or temporarily ceased on any portion of the site and will not resume for a period
exceeding 14 calendar days. Stabilization must be completed within a period of time determined by the
permittee. In arid, semiarid, and drought-stricken areas, as determined by the permittee, where initiating
vegetative stabilization measures immediately is infeasible, alternative stabilization measures must be
employed as specified by the permittee.
c. BMPs –Design, install, implement, and maintain effective BMPs to minimize the discharge of pollutants to
the small MS4. At a minimum, such BMPs must be designed, installed, implemented and maintained to:
(i) Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other
wash waters;
(ii) Minimize the exposure of building materials, building products, construction wastes, trash, landscape
materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials present on
the site to precipitation and to stormwater; and
(iii) Minimize the discharge of pollutants from spills and leaks.
d. As an alternative to (a) through (c) above, all permittees shall ensure that all small and large construction
activities discharging to the small MS4 have developed and implemented a stormwater pollution prevention
plan (SWP3) in accordance with the TPDES CGP TXR150000. In arid, semiarid, and drought-stricken
areas, as determined by the permittee, where initiating vegetative stabilization measures immediately is
infeasible, alternative stabilization measures must be employed as specified by the permittee. As an
alternative, vegetative stabilization measures may be implemented as soon as practicable.
(3) Prohibited Discharges - The following discharges are prohibited:
a. Wastewater from washout of concrete and wastewater from water well drilling operations, unless managed
by an appropriate control;
b. Wastewater from washout and cleanout of stucco, paint, from release oils, and other construction
materials;
c. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance;
d. Soaps or solvents used in vehicle and equipment washing; and
e. Discharges from dewatering activities, including discharges from dewatering of trenches and excavations,
unless managed by appropriate BMPs.
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(4) Construction Plan Review Procedures
To the extent allowable by state, federal, and local law, all permittees shall maintain and implement site plan
review procedures, that describe which plans will be reviewed as well as when an operator may begin
construction. For those permittees without legal authority to enforce site plan reviews, this requirement is limited
to those sites operated by the permittee and its contractors and located within the permittee’s regulated area.
The site plan procedures must meet the following minimum requirements:
a. The site plan review procedures must incorporate consideration of potential water quality impacts.
b. The permittee may not approve any plans unless the plans contain appropriate site specific construction
site control measures that, at a minimum, meet the requirements described in Part III.B.3.(a) or in the
TPDES CGP, TXR150000.
The permittee may require and accept a plan, such as a SWP3, that has been developed pursuant to the CGP,
TXR150000.
(5) Construction Site Inspections and Enforcement
To the extent allowable by state, federal, and local law, all permittees shall implement procedures for inspecting
large and small construction projects. Permittees without legal authority to inspect construction sites shall at a
minimum conduct inspections of sites operated by the permittee or its contractors and that are located in the
permittee’s regulated area.
a. Inspections must occur at a frequency determined by the permittee, based on the evaluation of factors that
are a threat to water quality, such as: soil erosion potential; site slope; project size and type; sensitivity of
receiving waterbodies; proximity to receiving waterbodies; non-stormwater discharges; and past record of
non-compliance by the operators of the construction site.
b. Inspections must occur during the active construction phase.
(i) All permittees shall develop, implement, and revise as necessary, written procedures outlining the
inspection and enforcement requirements. These procedures must be maintained on site or in the
SWMP and be made available to TCEQ.
(ii) Inspections of construction sites must, at a minimum:
1. Determine whether the site has appropriate coverage under the TPDES CGP, TXR150000. If no
coverage exists, notify the permittee of the need for permit coverage.
2. Conduct a site inspection to determine if control measures have been selected, installed,
implemented, and maintained according to the small MS4’s requirements.
3. Assess compliance with the permittee’s ordinances and other regulations.
4. Provide a written or electronic inspection report.
c. Based on site inspection findings, all permittees shall take all necessary follow-up actions (for example,
follow-up-inspections or enforcement) to ensure compliance with permit requirements and the SWMP.
These follow-up and enforcement actions must be tracked and maintained for review by the TCEQ.
For non-traditional small MS4s with no enforcement powers, the permittee shall notify the adjacent MS4 operator
with enforcement authority or the TCEQ’s Field Operations Support Division according to Part III.A.3(b).
(6) Information submitted by the Public
All permittees shall develop, implement, and maintain procedures for receipt and consideration of information
submitted by the public.
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(7) MS4 Staff Training
All permittees shall ensure that all staff whose primary job duties are related to implementing the construction
stormwater program (including permitting, plan review, construction site inspections, and enforcement) are
informed or trained to conduct these activities. The training may be conducted by the permittee or by outside
trainers.
(c) Additional Requirements for Level 3 and 4 small MS4s
In addition to the requirements described in Parts III.B.3(b)(1)-(7) above, permittees who operate levels 3 and 4
small MS4s shall meet the following requirements:
(1) Construction Site Inventory
Permittees who operate levels 3 and 4 small MS4s shall maintain an inventory of all permitted active public and
private construction sites, that result in a total land disturbance of one or more acres or that result in a total land
disturbance of less than one acre if part of a larger common plan or development or sale. Notification to the
small MS4 should be made by submittal of a copy of an NOI or a small construction site notice. The permittee
shall make this inventory available to the TCEQ upon request.
Program Development
Objective: Town shall develop, implement, and enforce a program to address stormwater runoff from construction
sites one acre or greater to promote stormwater quality and prevent pollutants from entering waterways. Town staff
shall be trained to implement and enforce maintenance of construction stormwater BMPs. Ordinances shall be
created to require erosion and sediment control measures for all new and existing construction with the goal being to
reduce pollutants from construction sites.
Selected BMPs
BMP 3.1 Stormwater Management Ordinance - Erosion and Sediment Control Requirements
Description: Develop Town ordinance requiring the implementation of appropriate erosion and sediment control
BMP's as well as other TCEQ permit requirements.
Measurable Goal: Create Ordinance to give Town of Prosper authority to require implementation of erosion and
sediment control BMP's.
Schedule of Implementation:
a Year 2-3: Draft and Adopt Erosion and Sediment Control Ordinance and get public input.
a Year 3-5: Commence enforcement and track process. Update and modify as needed.
Responsible Department: Public Works Department
BMP 3.2 Requirements for Construction Site Contractors
Description: Update and continue to implement requirements for construction site contractors as it relates to
construction site runoff.
Measurable Goal:
A. Develop construction plan review checklist to use during plan review process. Require consultants to prepare
plans in accordance with stormwater ordinance and developed checklist.
B. Develop procedures to control waste such as discarded building materials, concrete truck washout water,
chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality.
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Schedule of Implementation:
a Year 2:
x Draft and implement construction plan review checklist. Require Consultants to follow checklist
guidelines.
x Develop procedures to control waste from construction site contractors
a Year 3-5: Review and update checklist and procedures, as need. Continue to implement procedures.
Responsible Department: Public Works Department
BMP 3.3 Construction Site Inspections
Description: Develop procedures for construction site inspections and enforcement of erosion and sediment control
requirements for regulated construction activities.
Measurable Goal: Develop and implement inspection and enforcement program.
Schedule of Implementation:
a Year 2: Draft procedures for construction site inspections and enforcement of erosion and sediment control
requirements. Train appropriate staff.
a Year 3-5: Continue to implement procedures for construction site inspections. Review and update procedures,
as necessary.
Responsible Department: Public Works Department
BMP 3.4 Receipt and Consideration of Information from Public
Description: The Town is to develop program to receive and consider information provided by the public in the
development of procedures of construction site stormwater runoff. The Town is to use various medium such as
stormwater hotline, social media, public input meetings, and other to collect information provided by Town residents
and the general public.
Measurable Goal: Development of program to receive input from the public regarding procedures as it relates to
construction site runoff. Review and consider public input, and incorporate into procedures, as appropriate.
Schedule of Implementation:
a Year 2: Develop a program using existing mediums to collect public input as it relates to construction site runoff.
Periodically review and consider information provided by public and modify the program as appropriate.
a Year 3-5: Continue to develop a program as new forms of information collection methods are established, and
additional public input is received.
Responsible Department: Public Works Department
4. POST-CONSTRUCTION STORMWATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT
Regulatory Requirements:
(a) Post-Construction Stormwater Management Program
(1) All permittees shall develop, implement and enforce a program, to the extent allowable under state, federal,
and local law, to control stormwater discharges from new development and redeveloped sites that discharge
into the small MS4 that disturb one acre or more, including projects that disturb less than one acre that are part
of a larger common plan of development or sale. The program must be established for private and public
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development sites. The program may utilize an offsite mitigation and payment in lieu of components to address
this requirement.
Existing permittees shall assess program elements that were described in the previous permit, modify as
necessary, to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be
fully implemented by the end of this permit term and newly regulated permittees shall have the program fully
implemented by the end of the permit term.
(2) All permittees shall use, to the extent allowable under state, federal, and local law and local development
standards, an ordinance or other regulatory mechanism to address post-construction runoff from new
development and redevelopment projects. The permittees shall establish, implement, and enforce a
requirement, that owners or operators of new development and redeveloped sites design, install, implement,
and maintain a combination of structural and non-structural BMPs appropriate for the community and that
protects water quality. If the construction of permanent structures is not feasible due to space limitations, health
and safety concerns, cost effectiveness, or highway construction codes, the permittee may propose an
alternative approach to TCEQ. Newly regulated permittees shall have the program element fully implemented
by the end of the permit term.
(b) Requirements for all Permittees
All permittees shall include the requirements described below in Parts III.B.4.(b)(1)-(3)
(1) All permittees shall review and update as necessary, the SWMP and MCM implementation procedures
required by Part III.A.2. Any changes must be included in the annual report. Such written procedures must be
maintained either on site or in the SWMP and made available for inspection by TCEQ.
(2) All permittees shall document and maintain records of enforcement actions and make them available for
review by the TCEQ.
(3) Long-Term Maintenance of Post-Construction Stormwater Control Measures
All permittees shall, to the extent allowable under state, federal, and local law, ensure the long-term operation
and maintenance of structural stormwater control measures installed through one or both of the following
approaches:
a. Maintenance performed by the permittee. See Part III.B.5.
b. Maintenance performed by the owner or operator of a new development or redeveloped site under a
maintenance plan. The maintenance plan must be filed in the real property records of the county in which
the property is located. The permittee shall require the owner or operator of any new development or
redeveloped site to develop and implement a maintenance plan addressing maintenance requirements for
any structural control measures installed on site. The permittee shall require operation and maintenance
performed is documented and retained on site, such as at the offices of the owner or operator, and made
available for review by the small MS4.
(c) Additional Requirements for Level 4 small MS4s
In addition to the requirements described in Parts III.B.5(b)(1)-(3) above, permittees who operate level 4 small
MS4s shall meet the following requirements:
(1) Inspections - Permittees who operate level 4 small MS4s shall develop and implement an inspection
program to ensure that all post construction stormwater control measures are operating correctly and are being
maintained as required consistent with its applicable maintenance plan. For small MS4s with limited
enforcement authority, this requirement applies to the structural controls owned and operated by the small MS4
or its contractors that perform these activities within the small MS4’s regulated area.
a. Inspection Reports - The permittee shall document its inspection findings in an inspection report and make
them available for review by the TCEQ.
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Program Development
Objective: The Town shall develop, implement, and enforce a program to address stormwater runoff from new
development and redeveloped sites to promote stormwater quality and prevent pollutants from entering waterways.
Town staff shall create and implement a program to require structural and non-structural BMPs for new development
and redeveloped sites. Ordinances shall be created and implement to give Town authority to enforce the program.
The goal is to reduce pollutants from new development and redeveloped sites long-term and protects water quality.
Selected BMPs
BMP 4.1 Engineering Design Requirements
Description:Update engineering design manuals to include structural and non-structural BMP's in site development
design for post-construction stormwater management.
Measurable Goal: Creation of post-construction stormwater runoff control guidelines within Engineering Design
Manuals.
Schedule of Implementation:
a Year 2: Create/update engineering design manuals to include design guidelines to address post-construction
stormwater runoff. Implement guidelines with construction plan review process.
a Year 3-5: Continue to implement guidelines. Review and update requirements, as appropriate.
Responsible Department: Engineering Department
BMP 4.2 Stormwater Management Ordinance - Post-Construction Requirements
Description:Develop a Town ordinance requiring permanent post-construction stormwater runoff controls for
regulated new development and redevelopment projects to prevent or minimize water quality impacts. Utilize and
reference existing ordinances that provide some post-construction controls.
Measurable Goal: Create an ordinance to give the Town of Prosper authority to require post-construction
stormwater runoff controls.
Schedule of Implementation:
a Year 2-3: Draft and adopt Post-Construction Requirements Ordinance and get public input.
a Year 4-5: Implement requirements and track process. Update and modify, as needed.
Responsible Department: Engineering Department
BMP 4.3 Structural and Non-Structural BMP Maintenance
Description:The Town shall develop public/private partnerships with Homeowner Associations (HOA), developers,
or other private entity to provide long-term maintenance of post-construction BMP's as it relates to development and
water quality. The Town to develop Post-Construction BMP Operation and Maintenance documents for distribution
to developers and HOAs to aid in long-term maintenance.
Measurable Goal: Development of a program to create public/private partnerships for maintenance of post-
construction BMPs. Creation of O&M documents to distribute to developers and HOAs.
Schedule of Implementation:
a Year 2: Develop program. Seek input from public and local developers. Create documents for distribution.
a Year 3-5: Continue to develop public/private partnerships for maintenance of post-construction BMPs. Review
and modify program, as appropriate.
Responsible Department: Engineering / Planning Departments
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5. POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS
Regulatory Requirements:
(a) Program Development
(1) All permittees shall develop and implement an operation and maintenance program, including an employee
training component that has the ultimate goal of preventing or reducing pollutant runoff from municipal activities
and municipally owned areas including but not limited to park and open space maintenance; street, road, or
highway maintenance; fleet and building maintenance; stormwater system maintenance; new construction and
land disturbances; municipal parking lots; vehicle and equipment maintenance and storage yards; waste
transfer stations; and salt/sand storage locations.
Existing permittees shall assess program elements that were described in the previous permit, modify as
necessary, and develop and implement new elements, as necessary, to continue reducing the discharges of
pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term
and newly regulated permittees shall have the program fully implemented by the end of this permit term. (See
also Part III.A.1.(c))
(b) Requirements for all Permittees
All permitees shall include the requirements described below in Parts III.B.5.(1)-(6) in the program:
(1) Permittee-owned Facilities and Control Inventory
All permittees shall develop and maintain an inventory of facilities and stormwater controls that it owns and
operates within the regulated area of the small MS4. If feasible, the inventory may include all applicable permit
numbers, registration numbers, and authorizations for each facility or controls. The inventory must be available
for review by TCEQ and must include, but is not limited, to the following, as applicable:
a. Composting facilities;
b. Equipment storage and maintenance facilities;
c. Fuel storage facilities;
d. Hazardous waste disposal facilities;
e. Hazardous waste handling and transfer facilities;
f. Incinerators;
g. Landfills;
h. Materials storage yards;
i. Pesticide storage facilities;
j. Buildings, including schools, libraries, police stations, fire stations, and office buildings;
k. Parking lots;
l. Golf courses;
m. Swimming pools;
n. Public works yards;
o. Recycling facilities;
p. Salt storage facilities;
q. Solid waste handling and transfer facilities;
r. Street repair and maintenance sites;
s. Vehicle storage and maintenance yards; and
t. Structural stormwater controls.
(2) Training and Education
All permittees shall inform or train appropriate employees involved in implementing pollution prevention and
good housekeeping practices. All permittees shall maintain a training attendance list for inspection by TCEQ
when requested.
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(3) Disposal of Waste Material - Waste materials removed from the small MS4 must be disposed of in
accordance with 30 TAC Chapters 330 or 335, as applicable.
(4) Contractor Requirements and Oversight
a. Any contractors hired by the permittee to perform maintenance activities on permittee-owned facilities
must be contractually required to comply with all of the stormwater control measures, good housekeeping
practices, and facility specific stormwater management operating procedures described in Parts III B.5.(2)-
(6).
b. All permittees shall provide oversight of contractor activities to ensure that contractors are using
appropriate control measures and SOPs. Oversight procedures must be developed before the end of the
permit term and maintained on site and made available for inspection by TCEQ.
(5) Municipal Operation and Maintenance Activities
Assessment of permittee-owned operations
a. All permittees shall evaluate operation and maintenance (O&M) activities for their potential to discharge
pollutants in stormwater, including but not limited to:
(i) Road and parking lot maintenance may include such areas as pothole repair, pavement marking,
sealing, and re-paving;
(ii) Bridge maintenance may include such areas as re-chipping, grinding, and saw cutting;
(iii) Cold weather operations, including plowing, sanding, and application of deicing and anti-icing
compounds and maintenance of snow disposal areas; and
(iv) Right-of-way maintenance, including mowing, herbicide and pesticide application, and planting
vegetation.
b. All permittees shall identify pollutants of concern that could be discharged from the above O&M activities
(for example, metals; chlorides; hydrocarbons such as benzene, toluene, ethyl benzene, and xylenes;
sediment; and trash).
c. All permittees shall develop and implement a set of pollution prevention measures that will reduce the
discharge of pollutants in stormwater from the above activities. These pollution prevention measures may
include the following examples:
(i) Replacing materials and chemicals with more environmentally benign materials or methods;
(ii) Changing operations to minimize the exposure or mobilization of pollutants to prevent them from
entering surface waters; and
(iii) Placing barriers around or conducting runoff away from deicing chemical storage areas to prevent
discharge into surface waters.
d. Inspection of pollution prevention measures - All pollution prevention measures implemented at permittee-
owned facilities must be visually inspected at a frequency determined by the permittee to ensure they are
working properly. A log of inspections must be maintained and made available for review by the TCEQ
upon request.
(6) Structural Control Maintenance
If BMPs include structural controls, maintenance of the controls must be performed at a frequency determined
by the permittee and consistent with maintaining the effectiveness of the BMP.
(c) Additional Requirements for Level 3 and 4 small MS4s:
In addition to the requirements described in Parts.B.5.(b)(1)-(6) above, permittees who operate levels 3 or 4 small
MS4s shall meet the following requirements:
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(1) Storm Sewer System Operation and Maintenance
a. Permittees who operate levels 3 or 4 small MS4s shall develop and implement an O&M program to reduce
to the maximum extent practicable the collection of pollutants in catch basins and other surface drainage
structures.
b. Permittees who operate levels 3 or 4 small MS4s shall develop a list of potential problem areas. The
permittees shall identify and prioritize problem areas for increased inspection (for example, areas with
recurrent illegal dumping).
(2) Operation and Maintenance Program to Reduce Discharges of Pollutants from Roads Permittees who
operate level 3 or 4 small MS4s shall implement an O&M program that includes, if feasible and practicable, a
street sweeping and cleaning program, or an equivalent BMP such as an inlet protection program, which must
include an implementation schedule and a waste disposal procedure. The basis for the decision must be
included in the SWMP. If a street sweeping and cleaning program is implemented, the permittee shall evaluate
the following permittee-owned and operated areas for the program: streets, road segments, and public parking
lots including, but not limited to, high traffic zones, commercial and industrial districts, sport and event venues,
and plazas, as well as areas that consistently accumulate high volumes of trash, debris, and other stormwater
pollutants.
a. Implementation schedules – If a sweeping program is implemented, the permittee shall sweep the areas in
the program (for example, the streets, roads, and public parking lots) in accordance with a frequency and
schedule determined in the permittee’s O&M program.
b. For areas where street sweeping is technically infeasible (for example, streets without curbs), the permittee
shall focus implementation of other trash and litter control procedures, or provide inlet protection measures
to minimize pollutant discharges to storm drains and creeks.
c. Sweeper Waste Material Disposal – If utilizing street sweepers, the permittee shall develop a procedure to
dewater and dispose of street sweeper waste material and shall ensure that water and material will not
reenter the small MS4.
(3) Mapping of Facilities
Permittees who operate levels 3 or 4 small MS4s shall, on a map of the area regulated under this general
permit, identify where the permittee-owned and operated facilities and stormwater controls are located.
(4) Facility Assessment
Permittees who operate levels 3 or 4 small MS4s shall perform the following facility assessment in the
regulated portion of the small MS4 operated by the permittee:
a. Assessment of Facilities’ Pollutant Discharge Potential - The permittee shall review the facilities identified
in Part III.B.5.(b) once per permit term for their potential to discharge pollutants into stormwater.
b. Identification of high priority facilities - Based on the Part III.B.5.(c)(4)a. assessment, the permittee shall
identify as high priority those facilities that have a high potential to generate stormwater pollutants and shall
document this in a list of these facilities. Among the factors that must be considered in giving a facility a
high priority ranking are the amount of urban pollutants stored at the site, the identification of improperly
stored materials, activities that must not be performed outside (for example, changing automotive fluids,
vehicle washing), proximity to waterbodies, proximity to sensitive aquifer recharge features, poor
housekeeping practices, and discharge of pollutant(s) of concern to impaired water(s). High priority
facilities must include, at a minimum, the permittee’s maintenance yards, hazardous waste facilities, fuel
storage locations, and any other facilities at which chemicals or other materials have a high potential to be
discharged in stormwater.
c. Documentation of Assessment Results - The permittee shall document the results of the assessments and
maintain copies of all site evaluation checklists used to conduct the assessments. The documentation must
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include the results of the permittee’s initial assessment, and any identified deficiencies and corrective
actions taken.
(5) Development of Facility Specific SOPs
Permittees who operate levels 3 or 4 small MS4s shall develop facility specific stormwater management SOPs.
The permittee may utilize existing plans or documents that may contain the following required information:
a. For each high priority facility identified in Part III.B.5.(c)(4)b., the permittee shall develop an SOP that
identifies BMPs to be installed, implemented, and maintained to minimize the discharge of pollutants in
stormwater from each facility.
b. A hard or electronic copy of the facility-specific stormwater management SOP (or equivalent existing plan
or document) must be maintained and available for review by the TCEQ. The SOP must be kept on site
when possible and must be updated as necessary.
(6) Stormwater Controls for High Priority Facilities
Permittees who operate levels 3 or 4 small MS4s shall implement the following stormwater controls at all high
priority facilities identified in Part III.B.5.(c)(4)b. A description of BMPs developed to comply with this
requirement must be included in each facility specific SOP:
a. General good housekeeping – Material with a potential to contribute to stormwater pollution should be
sheltered from exposure to stormwater when feasible.
b. De-icing and anti-icing material storage - The permittee shall ensure, to the MEP, that stormwater runoff
from storage piles of salt and other de-icing and anti-icing materials is not discharged; or shall ensure that
any discharges from the piles are authorized under a separate discharge permit.
c. Fueling operations and vehicle maintenance - The permittee shall develop SOPs (or equivalent existing
plans or documents) which address spill prevention and spill control at permittee-owned and operated
vehicle fueling, vehicle maintenance, and bulk fuel delivery facilities.
d. Equipment and vehicle washing - The permittee shall develop SOPs that address equipment and vehicle
washing activities at permittee-owned and operated facilities. The discharge of equipment and vehicle
wash water to the small MS4 or directly to receiving waters from permittee-owned facilities is not
authorized under this general permit. To ensure that wastewater is not discharged under this general
permit, the permittee’s SOP may include installing a vehicle wash reclaim system, capturing and hauling
the wastewater for proper disposal, connecting to sanitary sewer (where applicable and approved by local
authorities), ceasing the washing activity, or applying for and obtaining a separate TPDES permit.
(7) Inspections
Permittees who operate levels 3 or 4 small Ms4s shall develop and implement an inspection program, which at
a minimum must include periodic inspections of high priority permittee-owned facilities. The results of the
inspections and observations must be documented and available for review by the TCEQ.
(d) Additional Requirements for Level 4 small MS4s:
In addition to all the requirements described in Parts III.B.5(b) and III.B.5.(c) above, permittees who operate
level 4 small MS4s shall meet the following requirements:
(1) Pesticide, Herbicide, and Fertilizer Application and Management
a. Landscape maintenance - The permittee shall evaluate the materials used and activities performed on
public spaces owned and operated by the permittee such as parks, schools, golf courses, easements,
public rights-of-way, and other open spaces for pollution prevention opportunities. Maintenance activities
for the turf landscaped portions of these areas may include mowing, fertilization, pesticide application, and
irrigation. Typical pollutants include sediment, nutrients, hydrocarbons, pesticides, herbicides, and organic
debris.
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b. The permittee shall implement the following practices to minimize landscaping-related pollutant generation
with regard to public spaces owned and operated by the permittee:
(i) Educational activities, permits, certifications, and other measures for the permittee’s applicators and
distributors.
(ii) Pest management measures that encourage non-chemical solutions where feasible. Examples may
include:
a) Use of native plants or xeriscaping;
b) Keeping clippings and leaves out the small MS4 and the street by encouraging mulching,
composting, or landfilling;
c) Limiting application of pesticides and fertilizers if precipitation is forecasted within 24 hours, or as
specified in label instructions; and
d) Reducing mowing of grass to allow for greater pollutant removal, but not jeopardizing motorist
safety.
c. The permittee shall develop schedules for chemical application in public spaces owned and operated by
the permittee that minimize the discharge of pollutants from the application due to irrigation and expected
precipitation.
d. The permittee shall ensure collection and proper disposal of the permittee’s unused pesticides, herbicides,
and fertilizers.
Program Development
Objective: Develop operation and maintenance program and "good housekeeping" procedures for range of
municipal activities in order to reduce or prevent pollutants into our waterways.
Selected BMPs
BMP 5.1 Municipal Best Management Practices
Description: Develop methods and procedures that will include good housekeeping measures and structural/non-
structural BMPs to prevent and reduce stormwater pollution from municipal operations. Procedures to focus on, but
not be limited to Town facilities and those staff that routinely maintain those facilities. Town facilities and operations
include:
x Park and Athletic Field Maintenance
x Street Maintenance
x Storm Sewer Maintenance
x Material Storage
x New Construction
x Vehicle Maintenance
Measurable Goal: Develop procedures for Town staff to implement in routine maintenance of municipal operations.
Schedule of Implementation:
a Year 2-3: Draft procedures to include good housekeeping measures and BMPs to help prevent and reduce
stormwater pollution from municipal operations. Begin implementation of procedures.
a Year 4-5: Continue to implement. Review and modify procedures, as appropriate.
Responsible Department: Parks and Recreation / Public Works / Engineering Department
BMP 5.2 Town Staff Training Program
Description: Develop an annual training program to inform and train Town staff about methods to prevent and
reduce stormwater pollution from municipal operations. Training to include procedures developed from BMP 6.1
which consists of good housekeeping measures and BMPs that will assist in the reduction of stormwater pollutant
runoff.
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Measurable Goal: Develop training program and train all employees, who are directly involved in the maintenance
of municipal operations.
Schedule of Implementation:
a Year 2-3: Develop training program and provide annual training to directors, managers, and supervisors directly
related to the maintenance of municipal operations.
a Year 4-5: Continue to train directors, managers, and supervisors. Adjust program to include all employees
related to maintenance of municipal operations. Review and modify training program, as appropriate.
Responsible Department: Engineering Department
BMP 5.3 Audit Municipal Facilities and Equipment for Environmental Management
Description: Municipal facilities can have an impact on stormwater quality. A list of municipal activities with a
potential to affect stormwater quality will be created, as well as a list of staff with responsibilities related to those
activities. Activities that have a positive effect on stormwater quality will be encouraged, and activities with an
adverse effect will be evaluated and modified to ensure all preventative measures are being followed to prevent
stormwater pollution.
Measurable Goal: A thorough assessment of current activities will be conducted in order to identify positive and
negative water quality activities. The results of the audit will be used in developing the procedures in BMP 6.1 and
included in the training for BMP 6.2.
Schedule of Implementation:
a Year 2: Conduct audit of current municipal activities and operations. Group into positive and negative
impacting categories. Determine if further preventative measures need to be taken in order to prevent
pollutants from entering local waterways.
a Year 3-5: Conduct yearly audits on existing and newly formed activities, and make adjustments, as appropriate.
Responsible Department: Engineering Department
BMP 5.4 Maintenance Contractor Requirements and Oversight
Description: Contractors hired by the Town to perform maintenance activities on Town-owned facilities will be
contractually required to comply with all of the stormwater control measures, good housekeeping practices, and
facility-specific stormwater management operating procedures implemented by the Town. The Town will provide
adequate oversight of contractor activities to ensure that contractors are using appropriate control measures and
standard operating procedures. Oversight procedures will be developed.
Measurable Goal: Complete development of new standard contract language that includes appropriate reference
to standard operating procedures and stormwater plans. Include standard contract language and SOPs in all new
contracts.
Schedule of Implementation:
a Year 2-3: Development new standard contract language.
a Year 4-5: Contractually require service providers to comply with all control measures and operational
procedures. Provide adequate oversight of contractor activities
Responsible Department: Engineering / Public Works
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6. INDUSTRIAL STORMWATER SOURCES
Regulatory Requirements:
(a) Permittees operating a level 4 small MS4 shall include the requirements described below in Part III.
B.6.(1) – this requirement is only applicable to level 4 MS4s
(1) Permittees who operate level 4 small MS4s shall identify and control pollutants in stormwater discharges to
the small MS4 from permittee’s landfills; other treatment, storage, or disposal facilities for municipal waste (for
example, transfer stations and incinerators); hazardous waste treatment, storage, disposal and recovery
facilities and facilities that are subject to Emergency Planning and Community Right-to-Know Act (EPCRA) Title
III, Section 313; and any other industrial or commercial discharge the permittee determines are contributing a
substantial pollutant loading to the small MS4. The program must include priorities and procedures for
inspections and for implementing control measures for such discharges.
Selected BMPs
MCM requirement is for level 4 small MS4s, and the Town of Prosper is currently a level 1. The Town has elected
not to address BMPs for this MCM at this time.
E. RECORDKEEPING AND REPORTING
1. RECORDKEEPING - In accordance with the TPDES General Permit, the Town of Prosper shall retain all
records, a copy of the TPDES general permit, and records of all data used to complete the application (NOI)
for the general permit and satisfy the public participation requirements, for the remainder of the term of this
general permit. The SWMP and a copy of the NOI shall be maintained at the Engineering Department:
Engineering Department
407 E. First Street
Prosper, Texas 75078
Copies of the SWMP are available to the public by request in writing to the Town Secretary, and shall be made
available within 10 business days. Records shall be submitted to the TCEQ executive director upon request.
Other records shall be provided in accordance with the Texas Public Information Act.
2. REPORTING
a.General Reporting - According to 30 TAC ' 305.125(9), any noncompliance which may endanger
human health or safety, or the environment, shall be reported to TCEQ. Such information shall be
reported orally or by electronic facsimile transmission within 24 hours of becoming aware of the
noncompliance. A written report shall be provided by the permittee to the TCEQ regional office and to
the TCEQ Enforcement Division within five working days of becoming aware of the noncompliance.
The noncompliance notification report shall contain the requirements listed in the TPDES Phase II MS4
general permit rules. The written report shall include:
x A description of the noncompliance and its cause;
x The potential danger to human or safety, or the environment;
x The period of noncompliance, including exact dates and times;
x If the noncompliance has not been corrected, the anticipated time it is expected to continue; and
x Steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance, and
to mitigate its adverse effects
b.Annual Report - The Town shall submit concise annual reports to the executive director of the TCEQ
at the end of each permit year. Copies of the annual report shall be made available for review upon
request. The annual report will address the requirements listed in the TPDES Phase II MS4 general
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permit rules and shall include a summary of results, assessment of BMP's and proposed changes to the
SWMP. Changes and/or modifications to the SWMP may include replacement of previously selected
BMPs, alteration of the implementation schedule, or other changes.
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APPENDIX A TPDES GENERAL PERMIT TXR040000
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TPDES GENERAL PERMIT
No. TXR040000
This is a new general permit issued
pursuant to Section 26.040 of the Texas
Water Code and Section 402 of the Clean
Water Act.
Texas Commission on Environmental Quality
P.O. Box 13087
Austin, TX 78711-3087
GENERAL PERMIT TO DISCHARGE UNDER THE
TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM
under provisions of
Section 402 of the Clean Water Act
and Chapter 26 of the Texas Water Code
Small Municipal Separate Storm Sewer Systems
located in the state of Texas
may discharge directly to surface water in the state
only according to monitoring requirements and other conditions set forth in this general permit, as well as
the rules of the Texas Commission on Environmental Quality (TCEQ or Commission), the laws of the
State of Texas, and other orders of the Commission of the TCEQ. The issuance of this general permit
does not grant to the permittee the right to use private or public property for conveyance of storm water
and certain non-storm water discharges along the discharge route. This includes property belonging to
but not limited to any individual, partnership, corporation or other entity. Neither does this general permit
authorize any invasion of personal rights nor any violation of federal, state, or local laws or regulations.
It is the responsibility of the permittee to acquire property rights as may be necessary to use the discharge
route.
This general permit and the authorization contained herein shall expire at midnight five years after the
date of issuance.
ISSUED AND EFFECTIVE DATE:
________________________________
For the Commission
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TPDES General Permit No. TXR040000
Page 2
TCEQ GENERAL PERMIT NUMBER TXR040000
RELATING TO STORM WATER DISCHARGES ASSOCIATED WITH
SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS
Table of Contents
Part I. Definitions and Terminology .............................................................................................. Page 3
A. Definitions ................................................................................................................. Page 3
B. Commonly Used Acronyms ....................................................................................... Page 8
Part II. Permit Applicability and Coverage ................................................................................... Page 9
A. Small MS4s Eligible for Authorization by General Permit ....................................... Page 9
B. Allowable Non-Storm Water Discharges .................................................................. Page 9
C. Limitations on Permit Coverage .............................................................................. Page 11
D. Obtaining Authorization .......................................................................................... Page 13
E. Permitting Options ................................................................................................... Page 19
F. Waivers .................................................................................................................... Page 20
Part III. Storm Water Management Program (SWMP) ............................................................. Page 21
A. Minimum Control Measures .................................................................................... Page 22
B. General Requirements .............................................................................................. Page 28
Part IV. Recordkeeping and Reporting ........................................................................................ Page 28
A. Recordkeeping ......................................................................................................... Page 28
B. Reporting ................................................................................................................. Page 29
Part V. Standard Permit Conditions ............................................................................................. Page 31
Part VI. Authorization for Municipal Construction Activities ................................................... Page 32
A. Eligible Construction Sites ...................................................................................... Page 32
B. Discharges Eligible for Authorization ..................................................................... Page 32
C. Limitations on Permit Coverage .............................................................................. Page 34
D. Numeric Effluent Limitations .................................................................................. Page 34
E. Storm Water Pollution Prevention Plan (SWP3) ..................................................... Page 34
F. Effective Date of Coverage ...................................................................................... Page 35
G. Deadlines for SWP3 Preparation and Compliance .................................................. Page 35
H. Plan Review and Making Plans Available ............................................................... Page 35
I. Keeping Plans Current ............................................................................................. Page 35
J. Contents of SWP3 .................................................................................................... Page 35
K. Additional Retention of Records ............................................................................. Page 41
Attachment 1 Construction Site Notice .......................................................................................... Page 42
Attachment 2 Discharge Monitoring Report for Concrete Batch Plants ........................................ Page 43
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TPDES General Permit No. TXR040000
Page 3
Part I. Definitions and Terminology
A. Definitions
Best Management Practices (BMPs) - Schedules of activities, prohibitions of practices, maintenance
procedures, structural controls, local ordinances, and other management practices to prevent or reduce the
discharge of pollutants. BMPs also include treatment requirements, operating procedures, and practices
to control runoff, spills or leaks, waste disposal, or drainage from raw material storage areas.
Classified Segment - refers to a water body that is listed and described in Appendix A or Appendix C of
the Texas Surface Water Quality Standards, at 30 TAC ' 307.10.
Clean Water Act (CWA) - The Federal Water Pollution Control Act or Federal Water Pollution Control
Act Amendments of 1972, Pub.L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483
and Pub. L. 97-117, 33 U.S.C. 1251 et.seq.
Common Plan of Development or Sale - A construction activity that is completed in separate stages,
separate phases, or in combination with other construction activities. A common plan of development or
sale is identified by the documentation for the construction project that identifies the scope of the project,
and may include plats, blueprints, marketing plans, contracts, building permits, a public notice or hearing,
zoning requests, or other similar documentation and activities.
Construction Site Operator - The person or persons associated with a small or large construction project
that meets either of the following two criteria:
(a) the person or persons that have operational control over construction plans and
specifications (including approval of revisions) to the extent necessary to meet the
requirements and conditions of this general permit; or
(b) the person or persons that have day-to-day operational control of those activities at a
construction site that are necessary to ensure compliance with a storm water pollution
prevention plan for the site or other permit conditions (e.g. they are authorized to direct
workers at a site to carry out activities required by the Storm Water Pollution Prevention
Plan or comply with other permit conditions).
Conveyance - Curbs, gutters, man-made channels and ditches, drains, pipes, and other constructed
features designed or used for flood control or to otherwise transport storm water runoff.
Daily Maximum - For the purposes of compliance with the numeric effluent limitations contained in this
permit, this is the maximum concentration measured on a single day, by grab sample, within a period of
one calendar year.
Discharge - When used without a qualifier, refers to the discharge of storm water runoff or certain non-
storm water discharges as allowed under the authorization of this general permit.
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Final Stabilization - A construction site where either of the following conditions are met:
(a) All soil disturbing activities at the site have been completed and a uniform (e.g, evenly
distributed, without large bare areas) perennial vegetative cover with a density of 70% of
the native background vegetative cover for the area has been established on all unpaved
areas and areas not covered by permanent structures, or equivalent permanent
stabilization measures (such as the use of riprap, gabions, or geotextiles) have been
employed.
(b) For individual lots in a residential construction site by either:
(1) the homebuilder completing final stabilization as specified in condition (a)
above; or
(2) the homebuilder establishing temporary stabilization for an individual lot prior to
the time of transfer of the ownership of the home to the buyer and after informing
the homeowner of the need for, and benefits of, final stabilization.
(c) For construction activities on land used for agricultural purposes (e.g. pipelines across
crop or range land), final stabilization may be accomplished by returning the disturbed
land to its preconstruction agricultural use. Areas disturbed that were not previously used
for agricultural activities, such as buffer strips immediately adjacent to a surface water
and areas which are not being returned to their preconstruction agricultural use must meet
the final stabilization conditions of condition (a) above.
Ground Water Infiltration - For the purposes of this permit, groundwater that enters a municipal
separate storm sewer system (including sewer service connections and foundation drains) through such
means as defective pipes, pipe joints, connections, or manholes.
Illicit Connection - Any man-made conveyance connecting an illicit discharge directly to a municipal
separate storm sewer.
Illicit Discharge - Any discharge to a municipal separate storm sewer that is not entirely composed of
storm water, except discharges pursuant to this general permit or a separate authorization and discharges
resulting from emergency fire fighting activities.
Indian Country - Defined in 18 USC Section (') 1151, means (a) all land within the limits of any Indian
reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any
patent, and including rights-of-way running through the reservation; (b) all dependent Indian communities
within the borders of the United States whether within the original or subsequently acquired territory
thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles
to which have not been extinguished, including rights-of-way running through the same. This definition
includes all land held in trust for an Indian tribe.
Industrial Activities - manufacturing, processing, material storage, and waste material disposal areas
(and similar areas where storm water can contact industrial pollutants related to the industrial activity) at
an industrial facility described by the TPDES Multi Sector General Permit, TXR050000, or by another
TCEQ or TPDES permit.
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Large Construction Activity - Construction activities including clearing, grading, and excavating that
result in land disturbance of equal to or greater than five (5) acres of land. Large construction activity
also includes the disturbance of less than five (5) acres of total land area that is part of a larger common
plan of development or sale if the larger common plan will ultimately disturb equal to or greater than five
(5) acres of land. Large construction activity does not include routine maintenance that is performed to
maintain the original line and grade, hydraulic capacity, and original purpose of a ditch, channel, or other
similar storm water conveyance. Large construction activity does not include the routine grading of
existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right-of-ways, and
similar maintenance activities.
Maximum Extent Practicable (MEP) - The technology-based discharge standard for municipal separate
storm sewer systems to reduce pollutants in storm water discharges that was established by CWA '
402(p). A discussion of MEP as it applies to small MS4s is found at 40 CFR ' 122.34.
MS4 Operator – For the purpose of this permit, the public entity, and/ or the entity contracted by the
public entity, responsible for management and operation of the small municipal separate storm sewer
system that is subject to the terms of this general permit.
Notice of Change (NOC) - Written notification from the permittee to the executive director providing
changes to information that was previously provided to the agency in a notice of intent.
Notice of Intent (NOI) - A written submission to the executive director from an applicant requesting
coverage under this general permit.
Notice of Termination (NOT) - A written submission to the executive director from a permittee
authorized under a general permit requesting termination of coverage under this general permit.
Outfall - For the purpose of this permit, a point source at the point where a municipal separate storm
sewer discharges to waters of the United States (U.S.) and does not include open conveyances connecting
two municipal separate storm sewers, or pipes, tunnels, or other conveyances that connect segments of the
same stream or other waters of the U.S. and are used to convey waters of the U.S.
Permittee - The MS4 operator authorized under this general permit.
Permitting Authority - For the purposes of this general permit, the TCEQ.
Point Source - (from 40 CFR ' 122.22) any discernible, confined, and discrete conveyance, including
but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft
from which pollutants are or may be discharged. This term does not include return flows from irrigated
agriculture or agricultural storm water runoff.
Pollutant(s) of Concern - Include biochemical oxygen demand (BOD), sediment or a parameter that
addresses sediment (such as total suspended solids, turbidity or siltation), pathogens, oil and grease, and
any pollutant that has been identified as a cause of impairment of any water body that will receive a
discharge from an MS4. (Definition from 40 CFR ' 122.32(e)(3)).
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Redevelopment - Alterations of a property that changed the Afootprint@ of a site or building in such a
way that there is a disturbance of equal to or greater than one (1) acre of land. This term does not include
such activities as exterior remodeling.
Small Construction Activity - Construction activities including clearing, grading, and excavating that
result in land disturbance of equal to or greater than one (1) acre and less than five (5) acres of land.
Small construction activity also includes the disturbance of less than one (1) acre of total land area that is
part of a larger common plan of development or sale if the larger common plan will ultimately disturb
equal to or greater than one (1) and less than five (5) acres of land. Small construction activity does not
include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity,
and original purpose of a ditch, channel, or other similar storm water conveyance. Small construction
activity does not include the routine grading of existing dirt roads, asphalt overlays of existing roads, the
routine clearing of existing right-of-ways, and similar maintenance activities.
Small Municipal Separate Storm Sewer System (MS4) – refers to a conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains): (i) Owned or operated by the United States, a state, city,
town, borough, county, district, association, or other public body (created by or pursuant to State law)
having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including
special districts under State law such as a sewer district, flood control district or drainage district, or
similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved
management agency under ' 208 of the CWA; (ii) Designed or used for collecting or conveying storm
water; (iii) Which is not a combined sewer; (iv) Which is not part of a publicly owned treatment works
(POTW) as defined at 40 CFR ' 122.2; and (v) Which was not previously authorized under a NPDES or
TPDES individual permit as a medium or large municipal separate storm sewer system, as defined at 40
CFR §§122.26(b)(4) and (b)(7). This term includes systems similar to separate storm sewer systems at
military bases, large hospital or prison complexes, and highways and other thoroughfares. This term does
not include separate storm sewers in very discrete areas, such as individual buildings. For the purpose of
this permit, a very discrete system also includes storm drains associated with certain municipal offices
and education facilities serving a nonresidential population, where those storm drains do not function as a
system, and where the buildings are not physically interconnected to an MS4 that is also operated by that
public entity.
Storm Water and Storm Water Runoff - Rainfall runoff, snow melt runoff, and surface runoff and
drainage.
Storm Water Associated with Construction Activity - Storm water runoff from an area where there is
either a large construction activity or a small construction activity.
Storm Water Management Program (SWMP) - A comprehensive program to manage the quality of
discharges from the municipal separate storm sewer system.
Structural Control (or Practice) - A pollution prevention practice that requires the construction of a
device, or the use of a device, to capture or prevent pollution in storm water runoff. Structural controls
and practices may include but are not limited to: wet ponds, bioretention, infiltration basins, storm water
wetlands, silt fences, earthen dikes, drainage swales, vegetative lined ditches, vegetative filter strips,
sediment traps, check dams, subsurface drains, storm drain inlet protection, rock outlet protection,
reinforced soil retaining systems,
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gabions, and temporary or permanent sediment basins.
Surface Water in the State - Lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks,
estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state
(from the mean high water mark (MHWM) out 10.36 miles into the Gulf), and all other bodies of surface
water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and including the
beds and banks of all water-courses and bodies of surface water, that are wholly or partially inside or
bordering the state or subject to the jurisdiction of the state; except that waters in treatment systems which
are authorized by state or federal law, regulation, or permit, and which are created for the purpose of
waste treatment are not considered to be water in the state.
Total Maximum Daily Load (TMDL) - The total amount of a substance that a water body can assimilate
and still meet the Texas Surface Water Quality Standards.
Urbanized Area (UA) - An area of high population density that may include multiple MS4s as defined
and used by the U.S. Census Bureau in the 2000 decennial census.
Waters of the United States - (from 40 CFR ' 122.2) Waters of the United States or waters of the U.S.
means:
(a) all waters which are currently used, were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow
of the tide;
(b) all interstate waters, including interstate wetlands;
(c) all other waters such as intrastate lakes, rivers, streams (including intermittent streams),
mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or
natural ponds that the use, degradation, or destruction of which would affect or could
affect interstate or foreign commerce including any such waters:
(1) which are or could be used by interstate or foreign travelers for recreational or
other purposes;
(2) from which fish or shellfish are or could be taken and sold in interstate or foreign
commerce; or
(3) which are used or could be used for industrial purposes by industries in interstate
commerce;
(d) all impoundments of waters otherwise defined as waters of the United States under this
definition;
(e) tributaries of waters identified in paragraphs (a) through (d) of this definition;
(f) the territorial sea; and
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(g) wetlands adjacent to waters (other than waters that are themselves wetlands) identified in
paragraphs (a) through (f) of this definition.
Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of
CWA (other than cooling ponds as defined in 40 CFR ' 423.11(m) which also meet the criteria of this
definition) are not waters of the United States. This exclusion applies only to manmade bodies of water
which neither were originally created in waters of the United States (such as disposal area in wetlands)
nor resulted from the impoundment of waters of the United States. Waters of the United States do not
include prior converted cropland. Notwithstanding the determination of an area=s status as prior
converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final
authority regarding Clean Water Act jurisdiction remains with EPA.
B. Commonly Used Acronyms
BMP Best Management Practice
CFR Code of Federal Regulations
CGP Construction General Permit, TXR150000
CWA Clean Water Act
DMR Discharge Monitoring Report
EPA Environmental Protection Agency
FR Federal Register
IP Implementation Procedures
MCM Minimum Control Measure
MSGP Multi-Sector General Permit, TXR050000
MS4 Municipal Separate Storm Sewer System
NOC Notice of Change
NOD Notice of Deficiency
NOI Notice of Intent
NOT Notice of Termination (to terminate coverage under a general permit)
NPDES National Pollutant Discharge Elimination System
SWMP Storm Water Management Program
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SWP3, Storm Water Pollution Prevention Plan
SWPPP
TAC Texas Administrative Code
TCEQ Texas Commission on Environmental Quality
TPDES Texas Pollutant Discharge Elimination System
TWC Texas Water Code
Part II. Permit Applicability and Coverage
This general permit provides authorization for storm water and certain non-storm water discharges from
small municipal separate storm sewer systems (MS4) to surface water in the state. The general permit
contains requirements applicable to all small MS4s that are eligible for coverage under this general
permit.
A. Small MS4s Eligible for Authorization by General Permit
1. Small MS4s Located in an Urbanized Area
A small MS4 that is fully or partially located within an urbanized area, as determined by
the 2000 Decennial Census by the U.S. Bureau of Census, must obtain authorization for
the discharge of storm water runoff and is eligible for coverage under this general permit.
2. Designated Small MS4s
A small MS4 that is outside an urbanized area that is Adesignated@ by TCEQ based on
evaluation criteria as required by 40 CFR ' 122.32(a)(2) or 40 CFR ' 122.26(a)(1)(v)
and adopted by reference in Title 30, Texas Administrative Code (TAC), ' 281.25, is
eligible for coverage under this general permit. Following designation, operators of small
MS4s must obtain authorization under this general permit or apply for coverage under an
individual TPDES storm water permit within 180 days of notification of their
designation.
The portion of the small MS4 that is required to meet the conditions of this general permit are
those portions that are located within the urbanized area, as well as any portion of the small MS4
that is designated.
B. Allowable Non-Storm Water Discharges
The following non-storm water sources may be discharged from the small MS4 and are not
required to be addressed in the small MS4's Illicit Discharge and Detection or other minimum
control measures, unless they are determined by the permittee or the TCEQ to be significant
contributors of pollutants to the small MS4:
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1. water line flushing (excluding discharges of hyperchlorinated water, unless the water is
first dechlorinated and discharges are not expected to adversely affect aquatic life);
2. runoff or return flow from landscape irrigation, lawn irrigation, and other irrigation
utilizing potable water, groundwater, or surface water sources;
3. discharges from potable water sources;
4. diverted stream flows;
5. rising ground waters and springs;
6. uncontaminated ground water infiltration;
7. uncontaminated pumped ground water;
8. foundation and footing drains;
9. air conditioning condensation;
10. water from crawl space pumps;
11. individual residential vehicle washing;
12. flows from wetlands and riparian habitats;
13. dechlorinated swimming pool discharges;
14. street wash water;
15. discharges or flows from fire fighting activities (fire fighting activities do not include
washing of trucks, run-off water from training activities, test water from fire suppression
systems, and similar activities);
16. other allowable non-storm water discharges listed in 40 CFR ' 122.26(d)(2)(iv)(B)(1);
17. non-storm water discharges that are specifically listed in the TPDES Multi Sector
General Permit (MSGP) or the TPDES Construction General permit (CGP); and
18. other similar occasional incidental non-storm water discharges, unless the TCEQ
develops permits or regulations addressing these discharges.
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C. Limitations on Permit Coverage
1. Discharges Authorized by Another TPDES Permit
Discharges authorized by an individual or other general TPDES permit may be
authorized under this TPDES general permit only if the following conditions are met:
(a) the discharges meet the applicability and eligibility requirements for coverage
under this general permit;
(b) a previous application or permit for the discharges has not been denied,
terminated, or revoked by the executive director as a result of enforcement or
water quality related concerns. The executive director may provide a waiver to
this provision based on new circumstances at the regulated small MS4; and
(c) the executive director has not determined that continued coverage under an
individual permit is required based on consideration of an approved total
maximum daily loading (TMDL) model and implementation plan, anti-
backsliding policy, history of substantive non-compliance or other 30 TAC
Chapter 205 considerations and requirements, or other site-specific
considerations.
2. Discharges of Storm Water Mixed with Non-Storm Water
Storm water discharges that combine with sources of non-storm water are not eligible for
coverage by this general permit, unless either the non-storm water source is described in
Part II.B or Part VI.B. of this general permit or the non-storm water source is authorized
under a separate TPDES permit.
3. Compliance with Water Quality Standards
Discharges to surface water in the state that would cause or contribute to a violation of
water quality standards or that would fail to protect and maintain existing designated uses
are not eligible for coverage under this general permit. The executive director may
require an application for an individual permit or alternative general permit to authorize
discharges to surface water in the state if the executive director determines that an
activity will cause a violation of water quality standards or is found to cause or contribute
to the impairment of a designated use of surface water in the state. The executive
director may also require an application for an individual permit considering factors
described in Part II.E.2.
4. Discharges to Water Quality-Impaired Receiving Waters
New sources or new discharges of the constituent(s) of concern to impaired waters are
not authorized by this permit unless otherwise allowable under 30 TAC Chapter 305 and
applicable state law. Impaired waters are those that do not meet applicable water quality
standard(s) and are listed on the Clean Water Act ' 303(d) list. Constituents of concern
are those for which
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the water body is listed as impaired.
Discharges of the constituent(s) of concern to impaired water bodies for which there is a
TMDL implementation plan are not eligible for this general permit unless they are
consistent with the approved TMDL and the implementation plan. Permitted MS4
operators must incorporate the limitations, conditions and requirements applicable to
their discharges, including monitoring frequency and reporting required by TCEQ rules,
into their SWMP in order to be eligible for permit coverage. For discharges not eligible
for coverage under this general permit, the discharger must apply for and receive an
individual TPDES permit prior to discharging.
5. Discharges to the Edwards Aquifer Recharge Zone
Discharges of storm water from regulated small MS4s, and other non-storm water
discharges, can not be authorized by this general permit where those discharges are
prohibited by 30 TAC Chapter 213 (relating to Edwards Aquifer). New discharges
located within the Edwards Aquifer Recharge Zone, or within that area upstream from the
recharge zone and defined as the Contributing Zone, must meet all applicable
requirements of, and operate according to, 30 TAC Chapter 213 (Edwards Aquifer Rule)
in addition to the provisions and requirements of this general permit.
For existing discharges, the requirements of the agency-approved Water Pollution
Abatement Plan under the Edwards Aquifer Rules are in addition to the requirements of
this general permit. BMPs and maintenance schedules for structural storm water
controls, for example, may be required as a provision of the rule. All applicable
requirements of the Edwards Aquifer Rule for reductions of suspended solids in storm
water runoff are in addition to the effluent limitation requirements found in Part VI.D. of
this general permit. A copy of the agency-approved Water Pollution Abatement Plans
that are required by the Edwards Aquifer Rule must either be attached as a part of the
SWMP or referenced in the SWMP. For discharges located on or within ten stream miles
upstream of the Edwards Aquifer recharge zone, applicants must also submit a copy of
the NOI to the appropriate TCEQ regional office.
Counties: Contact:
Comal, Bexar, Medina, Uvalde, TCEQ
and Kinney Water Program Manager
San Antonio Regional Office
14250 Judson Road
San Antonio, Texas 78233-4480
(210) 490-3096
Williamson, Travis, and Hays TCEQ
Water Program Manager
Austin Regional Office
1921 Cedar Bend Drive, Suite 150
Austin, Texas 78758-5336
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(512) 339-2929
6. Discharges to Specific Watersheds and Water Quality Areas
Discharges of storm water from regulated small MS4s and other non-storm water
discharges can not be authorized by this general permit where prohibited by 30 TAC
Chapter 311 (relating to Watershed Protection) for water quality areas and watersheds.
7. Protection of Streams and Watersheds by Home Rule Municipalities
This general permit does not limit the authority of a home-rule municipality provided by
' 401.002 of the Texas Local Government Code.
8. Indian Country Lands
Storm water runoff from MS4s or construction activities occurring on Indian Country
lands are not under the authority of the TCEQ and are not eligible for coverage under this
general permit. If discharges of storm water require authorization under federal NPDES
regulations, authority for these discharges must be obtained from the U.S. Environmental
Protection Agency (EPA).
9. Other
Nothing in Part II of the general permit is intended to negate any person’s ability to assert
the force majeure (act of God, war, strike, riot, or other catastrophe) defenses found in 30
TAC ' 70.7.
This permit does not transfer liability for the act of discharging without, or in violation
of, a NPDES or a TPDES permit from the operator of the discharge to the permittee(s).
D. Obtaining Authorization
1. Application for Coverage
When submitting an NOI and Storm Water Management Program (SWMP) as described
in Parts II.D.3., II.D.4, and Part III for coverage under this general permit, the applicant
must follow the public notice and availability requirements found in Part II.D.12. of this
section.
Applicants seeking authorization to discharge under this general permit must submit a
completed NOI, on a form approved by the executive director, and a SWMP as described
in Part III. The NOI and SWMP must be submitted to the TCEQ Water Quality Division,
at the address specified on the form. Discharge authorization begins when the applicant
is notified by TCEQ that the NOI and SWMP have been administratively and technically
reviewed and the applicant has followed the public participation provisions in Part
II.D.12. Following review of the NOI and SWMP, the executive director may determine
that: 1) the submission is complete and confirm coverage by providing a notification and
an authorization
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number, 2) the NOI and/or SWMP are incomplete and deny coverage until a complete
NOI and/or SWMP are submitted, 3) approve the NOI and/or SWMP with revisions and
provide a written description of the required revisions along with any compliance
schedule(s), or 4) deny coverage and provide a deadline by which the MS4 operator must
submit an application for an individual permit. Denial of coverage under this general
permit is subject to the requirements of 30 TAC ' 205.4(c). Application deadlines are as
follows:
(a) Small MS4s Located in an Urbanized Area
Operators of small MS4s described in Part II.A.1 must submit an NOI and
SWMP within 180 days following the effective date of this general permit.
(b) Designated Small MS4s
Operators of small MS4s described in Part II.A.2 must submit an NOI and
SWMP within 180 days of being notified in writing by the TCEQ of the need to
obtain permit coverage.
2. Late Submission of the NOI and SWMP
An NOI and SWMP are not prohibited from being submitted late or after the deadlines
provided. If a late NOI and SWMP is submitted, authorization is only for discharges that
occur after permit coverage is obtained. The TCEQ reserves the right to take appropriate
enforcement actions for any unpermitted discharges.
3. Storm Water Management Program (SWMP)
A SWMP must be developed and submitted with the NOI for eligible discharges that will
reach waters of the United States (U.S.), including discharges from the regulated small
MS4 to other MS4s or privately-owned separate storm sewer systems that subsequently
drain to waters of the U.S. according to the requirements of Part III of this general permit
and submitted with the NOI. The SWMP must include a time line that demonstrates a
schedule for implementation of the program throughout the permit term. The program
must be completely implemented within five years of the issuance date of this general
permit, or within five years of being designated for those small MS4s which are
designated following permit issuance. Implementation of the SWMP is required
immediately following receipt of written authorization from the TCEQ.
Changes may be made to the SWMP during the permit term. Changes that are made to
the SWMP before the NOI is approved by the TCEQ must be submitted in a letter
providing supplemental information to the NOI. Changes to the SWMP that are made
after TCEQ approval of the NOI and SWMP may be made following written approval of
the changes from the TCEQ, except that written approval is not required for the following
changes:
(a) Adding components, controls, or requirements to the SWMP; or replacing a BMP
with an
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equivalent BMP, may be made by the permittee at any time upon submittal of a
notice of change (NOC) form to the address specified on the form to the TCEQ.
(b) Replacing a less effective or infeasible BMP specifically identified in the SWMP
with an alternate BMP may be requested at any time. Changes must be submitted
on an NOC form to the address specified on the form. Unless denied in writing
by the TCEQ, the change shall be considered approved and may be implemented
by the permittee 60 days from submitting the request. Such requests must include
the following:
(1) an explanation of why the BMP was eliminated;
(2) an explanation of the effectiveness of the replacement BMP; and
(3) an explanation of why the replacement BMP is expected to achieve the
goals of the replaced BMP.
4. Contents of the NOI
The NOI must contain the following minimum information:
(a) MS4 Operator Information
(1) the name, mailing address, telephone number, and fax number of the
MS4 operator; and
(2) the legal status of the MS4 operator (e.g., federal government, state
government, county government, city government, or other government).
(b) Site Information
(1) the name, physical location description, and latitude and longitude of the
approximate center of the regulated portion of the small MS4;
(2) county or counties where the small MS4 is located;
(3) an indication if all or a portion of the small MS4 is located on Indian
Country Lands;
(4) if the applicant develops a seventh minimum control measure to obtain
authorization for construction activities, the boundary within which those
activities will occur;
(5) the name, mailing address, telephone number, and fax number of the
designated person(s) responsible for implementing or coordinating
implementation of the SWMP;
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(6) a certification that a SWMP has been developed according to the
provisions of this permit;
(7) a statement that the applicant will comply with the Public Participation
requirements described in Part II.D.12.;
(8) the name of each classified segment that receives discharges, directly or
indirectly, from the small MS4. If one or more of the discharge(s) is not
directly to a classified segment, then the name of the first classified
segment that those discharges reach shall be identified;
(9) the name of any MS4 receiving the discharge prior to discharge into
surface water in the state; and
(10) the name of all surface water(s) receiving discharges from the small MS4
that are on the latest EPA-approved CWA ' 303(d) list of impaired
waters.
5. Notice of Change (NOC)
If the MS4 operator becomes aware that it failed to submit any relevant facts, or
submitted incorrect information in the NOI, the correct information must be provided to
the executive director in a NOC within 30 days after discovery. If any information
provided in the NOI changes, an NOC must be submitted within 30 days from the time
the permittee becomes aware of the change.
Any revisions that are made to the SWMP must be made in accordance with Part II.D.3.
above. Changes that are made to the SWMP following NOI approval must be made
using an NOC form, in accordance with Part II.D.3. above.
6. Change in Operational Control of a Small MS4
If the operational control of the regulated small MS4 changes, the present operator must
submit a Notice of Termination (NOT) and the new operator must submit a NOI and
SWMP. The NOT and NOI must be submitted concurrently no greater than 10 days after
the change occurs.
7. Notice of Termination (NOT)
A permittee may terminate coverage under this general permit by providing a Notice of
Termination (NOT) on a form approved by the executive director. Authorization to
discharge terminates at midnight on the day that an NOT is postmarked for delivery to
the TCEQ. If TCEQ provides for electronic submission of NOTs during the term of this
permit, authorization to discharge terminates 24 hours following confirmation of receipt
of the electronic NOT form by the TCEQ. An NOT must be submitted within 30 days
after the MS4 operator obtains coverage under an individual permit.
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8. Signatory Requirement for NOI, NOT, NOC, and Waiver Forms
NOI, NOT, NOC, and Waiver forms must be signed and certified consistent with 30 TAC
' 305.44(a) and (b) (relating to Signatories to Applications).
9. Fees
An application fee of $100 must be submitted with each NOI. A fee is not required for
submission of a waiver form, an NOT, or an NOC.
A permittee authorized under this general permit must pay an annual Water Quality fee of
$100 under Texas Water Code, ' 26.0291 and 30 TAC Chapter 205 (relating to General
Permits for Waste Discharges).
10. Permit Expiration
(a) This general permit is effective for five years from the date of issuance.
Authorizations for discharge under the provisions of this general permit may
continue until the expiration date of the general permit. This general permit may
be amended, revoked, or canceled by the commission or renewed by the
commission for an additional term or terms not to exceed five years.
(b) If the Executive Director proposes to reissue this general permit before the
expiration date, the general permit shall remain in effect after the expiration date
for those existing discharges covered by the general permit in accordance with 30
TAC, Chapter 205. The general permit shall remain in effect for these
dischargers until the date on which the commission takes final action on the
proposal to reissue this general permit. No new NOIs will be accepted and no
new authorizations will be processed under the general permit after the expiration
date.
(c) Upon issuance of a renewed or amended general permit, all permittees, including
those covered under the expired general permit, may be required to submit an
NOI according to the requirements of the new general permit or to obtain a
TPDES individual permit for those discharges.
(d) If the commission does not propose to reissue this general permit within 90 days
before the expiration date, permittees must apply for authorization under a
TPDES individual permit or an alternative general permit. If the application for
an individual permit is submitted before the expiration date, authorization under
this expiring general permit remains in effect until the issuance or denial of an
individual permit.
11. Suspension of Permit Coverage
The executive director may suspend an authorization under this general permit for the
reasons specified in 30 TAC ' 205.4(d) by providing the discharger with written notice
of the decision to
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suspend that authority, and the written notice will include a brief statement of the basis
for the decision. If the decision requires an application for an individual permit or an
alternative general permit, the written notice will also include a statement establishing the
deadline for submitting an application. The written notice will state that the authorization
under this general permit is either suspended on the effective date of the commission's
action on the permit application, unless the commission expressly provides otherwise, or
immediately, if required by the executive director.
12. Public Participation
An applicant under this general permit must adhere to the following procedures:
(a) The applicant must submit the NOI and a SWMP to the executive director.
(b) After the applicant receives written instructions from the TCEQ=s Office of
Chief Clerk, the applicant must publish notice of the executive director=s
preliminary determination on the NOI and SWMP.
(c) The notice must include:
(1) the legal name of the MS4 operator;
(2) identify whether the NOI is for a new small MS4 or is a renewal of an
existing operation;
(3) the address of the applicant;
(4) a brief summary of the information included in the NOI, such as the
general location of the small MS4 and a description of the classified
receiving waters that receive the discharges from the small MS4;
(5) the location and mailing address where the public may provide
comments to the TCEQ;
(6) the public location where copies of the NOI and SWMP, as well as the
executive director's general permit and fact sheet, may be reviewed; and
(7) if required by the executive director, the date, time, and location of the
public meeting.
(d) This notice must be published at least once in the newspaper of largest
circulation in the county where the small MS4 is located. If the small MS4 is
located in multiple counties, the notice must be published at least once in the
newspaper of largest circulation in the county containing the largest resident
population. This notice shall provide opportunity for the public to submit
comments on the NOI and SWMP. In addition, the notice shall allow the public
to request a public meeting. A public meeting will be held if the TCEQ
determines
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that there is significant public interest.
(e) The public comment period begins on the first date the notice is published and
ends 30 days later, unless a public meeting is held. If a public meeting is held, the
comment period will end at the closing of the public meeting. The public may
submit written comments to the TCEQ Office of Chief Clerk during the comment
period detailing how the NOI or SWMP for the small MS4 fails to meet the
technical requirements or conditions of this general permit.
(f) If significant public interest exists, the executive director will direct the applicant
to publish a notice of the public meeting and to hold the public meeting. The
applicant must publish notice of a public meeting at least 30 days before the
meeting and hold the public meeting in a county where the small MS4 is located.
TCEQ staff will facilitate the meeting.
(g) If a public meeting is held, the applicant shall describe the contents of the NOI
and SWMP. The applicant shall also provide maps and other data on the small
MS4. The applicant shall provide a sign in sheet for attendees to register their
names and addresses and furnish the sheet to the executive director. A public
meeting held under this general permit is not an evidentiary proceeding.
(h) The applicant must file with the Chief Clerk a copy and an affidavit of the
publication of notice(s) within 60 days of receiving the written instructions from
the Office of Chief Clerk.
(i) The executive director, after considering public comment, shall approve, approve
with conditions, or deny the NOI based on whether the NOI and SWMP meet the
requirements of this general permit.
(j) Persons whose names and addresses appear legibly on the sign in sheet from the
public meeting and persons who submitted written comments to the TCEQ will
be notified by the TCEQ=s Office of Chief Clerk of the executive director=s
decision regarding the authorization.
E. Permitting Options
1. Authorization Under the General Permit
An operator of a small MS4 is required to obtain authorization either under this general
permit, or under an individual TPDES permit if it is located in an urbanized area or if it is
designated by the TCEQ. Multiple small MS4s with separate operators must individually
submit an NOI to obtain coverage under this general permit, regardless of whether the
systems are physically interconnected, located in the same urbanized area, or are located
in the same watershed. Each regulated small MS4 will be issued a distinct permit
number. These MS4 operators may combine or share efforts in meeting any or all of the
SWMP requirements stated in Part III of this general permit. MS4 operators that share
SWMP development and implementation must meet the following conditions:
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(a) Participants
The SWMP must clearly list the name and permit number for each MS4 operator
that contributes to development or implementation of the SWMP, and provide
confirmation that the contributing MS4 operator has agreed to contribute. If a
contributing MS4 has submitted an NOI and SWMP to TCEQ, but has not yet
received written notification of approval, along with the accompanying permit
authorization number, a copy of the submitted NOI form must be made readily
available or included in the SWMP.
(b) Responsibilities
Each permittee is entirely responsible for meeting SWMP requirements within
the boundaries of its MS4. Where a separate MS4 operator is contributing to
implementation of the SWMP, the SWMP must clearly define the contribution
and clearly identify the contributing MS4 operator.
2. Alternative Coverage under an Individual TPDES Permit
An MS4 operator eligible for coverage under this general permit may alternatively be
authorized under an individual TPDES permit according to 30 TAC Chapter 305 (relating
to Consolidated Permits). The executive director may require an MS4 operator,
authorized by this general permit, to apply for an individual TPDES permit because of:
the conditions of an approved TMDL or TMDL implementation plan; a history of
substantive non-compliance; or other 30 TAC Chapter 205 considerations and
requirements; or other site-specific considerations.
F. Waivers
The TCEQ may waive permitting requirements for small regulated MS4 operators if the criteria
are met for Waiver Option 1 or 2. To obtain Waiver Option 1, the MS4 operator must submit the
request on a waiver form provided by the executive director. To obtain Waiver Option 2, the
MS4 operator must contact the executive director and coordinate the activities required to meet
the waiver conditions. A provisional waiver from permitting requirements begins two days after
a completed waiver form is postmarked for delivery to the TCEQ. Following review of the
waiver form, the executive director may: 1) determine that the waiver form is complete and
confirm coverage under the waiver by providing a notification and a waiver number, 2) determine
that the waiver form is incomplete and deny the waiver until a completed waiver form is
submitted, or 3) deny the waiver and require that permit coverage be obtained.
If the conditions of either waiver are not met by the MS4 operator, then the MS4 operator must
submit an application for coverage under this general permit or a separate TPDES permit
application.
The TCEQ can, at any time, require a previously waived MS4 operator to comply with this
general permit or another TPDES permit if circumstances change so that the conditions of the
waiver are no longer met. Changed circumstances can also allow a regulated MS4 operator to
request a waiver at any time.
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1. Waiver Option 1: The system serves a population of less than 1,000 within an urbanized
area and meets the following criteria:
(a) the system is not contributing substantially to the pollutant loadings of a
physically interconnected MS4 that is regulated by the NPDES / TPDES storm
water program (40 CFR ' 122.32(d)); and
(b) if the system discharges any pollutant(s) that have been identified as a cause of
impairment of any water body to which the small MS4 discharges, storm water
controls are not needed based on wasteload allocations that are part of an EPA
approved or established "total maximum daily load" (TMDL) that addresses the
pollutant(s) of concern.
2. Waiver Option 2: The system serves a population under 10,000 and meets the following
criteria:
(a) the TCEQ has evaluated all waters of the United States, including small streams,
tributaries, lakes, and ponds, that receive a discharge from the small MS4;
(b) for all such waters, the TCEQ has determined that storm water controls are not
needed based on wasteload allocations that are part of an approved or established
TMDL that addresses the pollutant(s) of concern or, if a TMDL has not been
developed or approved, an equivalent analysis that determines sources and
allocations for the pollutant(s) of concern; and
(c) the TCEQ has determined that future discharges from the small MS4 do not have
the potential to exceed Texas surface water quality standards, including
impairment of designated uses, or other significant water quality impacts,
including habitat and biological impacts.
Part III. Storm Water Management Program (SWMP)
To the extent allowable under state and local law, a SWMP must be developed and implemented
according to the requirements of Part III of this general permit, for storm water discharges that reach
waters of the United States, regardless of whether the discharge is conveyed through a separately operated
storm sewer. The SWMP must be developed to reduce the discharge of pollutants from the MS4 to the
maximum extent practicable (MEP), to protect water quality, and to satisfy the appropriate water quality
requirements of the Clean Water Act and the Texas Water Code. Existing programs or best management
practices (BMPs) may be used to fulfill the requirements of this general permit. The MS4 operator must
develop the SWMP to include the six minimum control measures described in Part III.A.1. through 6, and
the operator may develop and include the optional seventh minimum control measure in Part III.A.7.
Small MS4s have five years from the date of issuance of this general permit to fully implement their
SWMP. A discharger=s compliance with its approved SWMP will be deemed compliance with Part III of
this permit.
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Where the permittee lacks the authority to develop ordinances or to implement enforcement actions, the
permittee shall exert enforcement authority as required by this general permit for its facilities, employees,
and contractors. For discharges from third party actions, the permittee shall perform inspections and exert
enforcement authority to the MEP.
If the permittee does not have enforcement authority and is unable to meet the goals of this general permit
through its own powers, then, unless otherwise stated in this general permit, the permittee shall perform
the following action in order to meet the goals of the permit:
x Enter into interlocal agreements with municipalities where the small MS4 is located. These
interlocal agreements must state the extent to which the municipality will be responsible for
inspections and enforcement authority in order to meet the conditions of this general permit; or,
x if the permittee is unable to enter into inter-local agreements, notify the TCEQ=s Field
Operations Division as needed to report discharges or incidents that it can not itself enforce
against.
The controls and Best Management Practices (BMPs) included in the SWMP constitute effluent
limitations for the purposes of compliance with the requirements of 30 TAC Chapter 319, Subchapter B,
related to Hazardous Metals.
A. Minimum Control Measures
1. Public Education and Outreach on Storm Water Impacts
(a) A public education program must be developed and implemented to distribute
educational materials to the community or conduct equivalent outreach activities
that will be used to inform the public. The MS4 operator may determine the
most appropriate sections of the population at which to direct the program. The
MS4 operator must consider the following groups and the SWMP shall provide
justification for any listed group that is not included in the program:
(1) residents;
(2) visitors;
(3) public service employees;
(4) businesses;
(5) commercial and industrial facilities; and
(6) construction site personnel.
The outreach must inform the public about the impacts that storm water run-off
can have on water quality, hazards associated with illegal discharges and
improper disposal of waste, and steps that they can take to reduce pollutants in
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storm water runoff.
(b) The MS4 operator must document activities conducted and materials used to
fulfill this control measure. Documentation shall be detailed enough to
demonstrate the amount of resources used to address each group. This
documentation shall be retained in the annual reports required in Part IV.B.2. of
this general permit.
2. Public Involvement/Participation
The MS4 operator must, at a minimum, comply with any state and local public notice
requirements when implementing a public involvement/participation program. It is
recommended that the program include provisions to allow all members of the public
within the small MS4 the opportunity to participate in SWMP development and
implementation. Correctional facilities will not be required to implement this MCM.
3. Illicit Discharge Detection and Elimination
(a) Illicit Discharges
A section within the SWMP must be developed to establish a program to detect
and eliminate illicit discharges to the small MS4. The SWMP must include the
manner and process to be used to effectively prohibit illicit discharges. To the
extent allowable under state and local law, an ordinance or other regulatory
mechanism must be utilized to prohibit and eliminate illicit discharges. Elements
must include:
(1) Detection
The SWMP must list the techniques used for detecting illicit discharges;
and
(2) Elimination
The SWMP must include appropriate actions and, to the extent allowable
under state and local law, establish enforcement procedures for removing
the source of an illicit discharge.
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(b) Allowable Non-Storm Water Discharges
Non-storm water flows listed in Part II.B and Part VI.B. do not need to be
considered by the MS4 operator as an illicit discharge requiring elimination
unless the operator of the small MS4 or the executive director identifies the flow
as a significant source of pollutants to the small MS4. In lieu of considering non-
storm water sources on a case-by-case basis, the MS4 operator may develop a list
of common and incidental non-storm water discharges that will not be addressed
as illicit discharges requiring elimination. If developed, the listed sources must
not be reasonably expected to be significant sources of pollutants either because
of the nature of the discharge or the conditions that are established by the MS4
operator prior to accepting the discharge to the small MS4. If this list is
developed, then all local controls and conditions established for these listed
discharges must be described in the SWMP and any changes to the SWMP must
be included in the annual report described in Part IV.B.2. of this general permit,
and must meet the requirements of Part II.D.3. of the general permit.
(c) Storm Sewer Map
(1) A map of the storm sewer system must be developed and must include
the following:
(i) the location of all outfalls;
(ii) the names and locations of all waters of the U.S. that receive
discharges from the outfalls; and
(iii) any additional information needed by the permittee to implement
its SWMP.
(2) The SWMP must include the source of information used to develop the
storm sewer map, including how the outfalls are verified and how the
map will be regularly updated.
4. Construction Site Storm Water Runoff Control
The MS4 operator, to the extent allowable under State and local law, must develop,
implement, and enforce a program to reduce pollutants in any storm water runoff to the
small MS4 from construction activities that result in a land disturbance of greater than or
equal to one acre or if that construction activity is part of a larger common plan of
development or sale that would disturb one acre or more of land. The MS4 operator is
not required to develop, implement, and/or enforce a program to reduce pollutant
discharges from sites where the construction site operator has obtained a waiver from
permit requirements under NPDES or TPDES construction permitting requirements
based on a low potential for erosion.
(a) The program must include the development and implementation of, at a
minimum, an
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ordinance or other regulatory mechanism to require erosion and sediment
controls, as well as sanctions to ensure compliance, to the extent allowable under
state and local law.
(b) Requirements for construction site contractors to, at a minimum:
(1) implement appropriate erosion and sediment control BMPs; and
(2) control waste such as discarded building materials, concrete truck
washout water, chemicals, litter, and sanitary waste at the construction
site that may cause adverse impacts to water quality.
(c) The MS4 operator must develop procedures for:
(1) site plan review which incorporate consideration of potential water
quality impacts;
(2) receipt and consideration of information submitted by the public; and
(3) site inspection and enforcement of control measures to the extent
allowable under state and local law.
5. Post-Construction Storm Water Management in New Development and Redevelopment
To the extent allowable under state and local law, the MS4 operator must develop,
implement, and enforce a program to address storm water runoff from new development
and redevelopment projects that disturb greater than or equal to one acre of land,
including projects less than one acre that are part of a larger common plan of
development or sale that will result in disturbance of one or more acres, that discharge
into the small MS4. The program must ensure that controls are in place that would
prevent or minimize water quality impacts. The permittee shall:
(a) Develop and implement strategies which include a combination of structural
and/or non-structural BMPs appropriate for the community;
(b) Use an ordinance or other regulatory mechanism to address post-construction
runoff from new development and redevelopment projects to the extent allowable
under state and local law; and
(c) Ensure adequate long-term operation and maintenance of BMPs.
6. Pollution Prevention/Good Housekeeping for Municipal Operations
A section within the SWMP must be developed to establish an operation and
maintenance program, including an employee training component, that has the ultimate
goal of preventing or reducing pollutant runoff from municipal operations.
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(a) Good Housekeeping and Best Management Practices (BMPs)
Housekeeping measures and BMPs (which may include new or existing
structural or non-structural controls) must be identified and either continued or
implemented with the goal of preventing or reducing pollutant runoff from
municipal operations. Examples of municipal operations and municipally owned
areas include, but are not limited to:
(1) park and open space maintenance;
(2) street, road, or highway maintenance;
(3) fleet and building maintenance;
(4) storm water system maintenance;
(5) new construction and land disturbances;
(6) municipal parking lots;
(7) vehicle and equipment maintenance and storage yards;
(8) waste transfer stations; and
(9) salt/sand storage locations.
(b) Training
A training program must be developed for all employees responsible for
municipal operations subject to the pollution prevention/good housekeeping
program. The training program must include training materials directed at
preventing and reducing storm water pollution from municipal operations.
Materials may be developed, or obtained from the EPA, states, or other
organizations and sources. Examples or descriptions of training materials being
used must be included in the SWMP.
(c) Structural Control Maintenance
If BMPs include structural controls, maintenance of the controls must be
performed at a frequency determined by the MS4 operator and consistent with
maintaining the effectiveness of the BMP. The SWMP must list all of the
following:
(1) maintenance activities;
(2) maintenance schedules; and
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(3) long-term inspection procedures for controls used to reduce floatables
and other pollutants.
(d) Disposal of Waste
Waste removed from the small MS4 and waste that is collected as a result of
maintenance of storm water structural controls must be properly disposed. A
section within the SWMP must be developed to include procedures for the proper
disposal of waste, including:
(1) dredge spoil;
(2) accumulated sediments; and
(3) floatables.
(e) Municipal Operations and Industrial Activities
The SWMP must include a list of all:
(1) municipal operations that are subject to the operation, maintenance, or
training program developed under the conditions of this section; and
(2) municipally owned or operated industrial activities that are subject to
TPDES industrial storm water regulations.
7. Authorization for Municipal Construction Activities
The development of a MCM for municipal construction activities is an optional measure
and is an alternative to the MS4 operator seeking coverage under TPDES general permit
TXR150000. Additionally, contractors working for the permittee are not required to
obtain a separate authorization if they do not meet the definition of a Aconstruction site
operator,@ as long as the permittee meets the status of construction site operator.
Permittees that choose to develop this measure will be authorized to discharge storm
water and certain non-storm water from construction activities where the permittee can
meet the definition of Aconstruction site operator@ in Part I of this general permit. The
authorization to discharge under this MCM is limited to the regulated area, such as the
portion of the MS4 located within an urbanized area or the area designated by TCEQ as
requiring coverage. However, an MS4 operator may also utilize this MCM over
additional portions of their MS4 that are also in compliance with all of the MCMs listed
in this general permit. This MCM must be developed as a part of the SWMP that is
submitted with the NOI for permit coverage. If this MCM is developed after submitting
the initial NOI, a NOC must be submitted notifying the executive director of this change,
and identifying the geographical area or boundary where the activities will be conducted
under the provisions of this general permit. Utilization of this MCM does not preclude a
small MS4 from obtaining coverage under the TPDES Construction General Permit,
TXR150000, or under an individual TPDES permit.
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(a) The MCM must include:
(1) a description of how construction activities will generally be conducted
by the permittee so as to take into consideration local conditions of
weather, soils, and other site specific considerations;
(2) a description of the area that this MCM will address and where the
permittee=s construction activities are covered (e.g. within the boundary
of the urbanized area, the corporate boundary, a special district
boundary, an extra territorial jurisdiction, or other similar jurisdictional
boundary); and
(3) either a description of how the permittee will supervise or maintain
oversight over contractor activities to ensure that the SWP3 requirements
are properly implemented at the construction site; or how the permittee
will make certain that contractors have a separate authorization for storm
water discharges.
(4) a general description of how a SWP3 shall be developed, according to
Part VI.E. of this general permit, for each construction site.
B. General Requirements
Permittees must provide documentation of the development, implementation, and evaluation of
the SWMP. The documentation must be included in the SWMP and may be required to be
submitted in the annual report required in Part IV.B.2. of this general permit. At a minimum, the
documentation must include:
1. a list of any public or private entities assisting with the development or implementation of
the SWMP;
2. a list of all BMPs and measurable goals for each of the MCMs;
3. a schedule for the implementation of all SWMP requirements;
4. a description of how each measurable goal will be evaluated;
5. a rationale statement that addresses the overall program, including how the BMPs and
measurable goals were selected; and
6. if applicable, a list of all MS4 operators contributing to the development and
implementation of the SWMP, including a clear description of the contribution.
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Part IV. Recordkeeping and Reporting
A. Recordkeeping
1. The permittee must retain all records, a copy of this TPDES general permit, and records
of all data used to complete the application (NOI) for this general permit and satisfy the
public participation requirements, for a period of at least three years, or for the remainder
of the term of this general permit, whichever is longer. This period may be extended by
request of the executive director at any time.
2. The permittee must submit the records to the executive director only when specifically
asked to do so. The SWMP required by this general permit (including a copy of the
general permit) must be retained at a location accessible to the TCEQ.
3. The permittee must make the NOI and the SWMP available to the public if requested to
do so in writing. Copies of the SWMP must be made available within 10 working days
of receipt of a written request. Other records must be provided in accordance with the
Texas Public Information Act. However, all requests for records from federal facilities
must be made in accordance with the Freedom of Information Act.
4. The period during which records are required to be kept shall be automatically extended
to the date of the final disposition of any administrative or judicial enforcement action
that maybe instituted against the permittee.
B. Reporting
1. General Reporting Requirements
(a) Noncompliance Notification
According to 30 TAC ' 305.125(9), any noncompliance which may endanger
human health or safety, or the environment, must be reported by the permittee to
the TCEQ. Report of such information must be provided orally or by electronic
facsimile transmission (FAX) to the TCEQ regional office within 24 hours of
becoming aware of the noncompliance. A written report must be provided by the
permittee to the TCEQ regional office and to the TCEQ Enforcement Division
(MC-224) within five working days of becoming aware of the noncompliance.
The written report must contain:
(1) a description of the noncompliance and its cause;
(2) the potential danger to human health or safety, or the environment;
(3) the period of noncompliance, including exact dates and times;
(4) if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and
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(5) steps taken or planned to reduce, eliminate, and prevent recurrence of the
noncompliance, and to mitigate its adverse effects.
(b) Other Information
When the permittee becomes aware that it either submitted incorrect information
or failed to submit complete and accurate information requested in an NOI, NOT,
or NOC, or any other report, it must promptly submit the facts or information to
the executive director.
2. Annual Report
The MS4 operator must submit a concise annual report to the executive director within 90
days of the end of each permit year. The annual report must address the previous permit
year. The first permit year for annual reporting purposes shall begin on the date of permit
issuance, and shall last for one year. Subsequent calendar years will begin on the
anniversary date of permit issuance and last for one year. The MS4 operator must also
make a copy of the annual report readily available for review by TCEQ personnel upon
request. The report must include:
(a) The status of the compliance with permit conditions, an assessment of the
appropriateness of the identified BMPs, progress towards achieving the statutory
goal of reducing the discharge of pollutants to the MEP, the measurable goals for
each of the MCMs, and an evaluation of the success of the implementation of the
measurable goals;
(b) Status of any additional control measures implemented by the permittee (if
applicable);
(c) Any MCM activities initiated before permit issuance may be included, under the
appropriate headings, as part of the first year=s annual report;
(d) A summary of the results of information (including monitoring data) collected
and analyzed, if any, during the reporting period used to assess the success of the
program at reducing the discharge of pollutants to the MEP;
(e) A summary of the storm water activities the MS4 operator plans to undertake
during the next reporting cycle;
(f) Proposed changes to the SWMP, including changes to any BMPs or any
identified measurable goals that apply to the program elements;
(g) The number of municipal construction activities authorized under this general
permit and the total number of acres disturbed;
(h) The number of non-municipal construction activities that occurred within the
jurisdiction of the permittee (as noticed to the permittee by the construction
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operator); and
(i) Notice that the MS4 operator is relying on another government entity to satisfy
some of its permit obligations (if applicable).
An annual report must be prepared whether or not the NOI and SWMP has been
approved by the TCEQ. If the permittee has either not implemented the SWMP or not
begun to implement the SWMP because it has not received approval of the NOI and
SWMP, then the annual report may include that information.
If permittees share a common SWMP, all permittees must contribute to a system-wide
report (if applicable);
Each permittee must sign and certify the annual report in accordance with 30 TAC '
305.128 (relating to Signatories to Reports); and
The annual report must be submitted to the following address:
Texas Commission on Environmental Quality
Storm Water & Pretreatment Team; MC - 148
P.O. Box 13087
Austin, Texas 78711-3087
A copy of the annual report must also be submitted to the TCEQ Regional Office that
serves the area of the regulated small MS4.
If available, electronic submission of annual reports is encouraged. The Federal Waste
Reduction Act and the Government Paperwork Elimination Act encourages governmental
agencies to use electronic submission. See the TCEQ website at, www.tceq.state.tx.us
for additional information and instructions.
Part V. Standard Permit Conditions
A. The permittee has a duty to comply with all permit conditions. Failure to comply with any permit
condition is a violation of the general permit and statutes under which it was issued, and is
grounds for enforcement action, for terminating coverage under this general permit, or for
requiring a discharger to apply for and obtain an individual TPDES permit.
B. Authorization under this general permit may be suspended or revoked for cause. Filing a notice
of planned changes or anticipated non-compliance by the permittee does not stay any permit
condition. The permittee must furnish to the executive director, upon request and within a
reasonable timeframe, any information necessary for the executive director to determine whether
cause exists for revoking, suspending, or terminating authorization under this general permit.
Additionally, the permittee must provide to the executive director, upon request, copies of all
records that the permittee is required to maintain as a condition of this general permit.
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C. It is not a defense for a discharger in an enforcement action that it would have been necessary to
halt or reduce the permitted activity to maintain compliance with the permit conditions.
D. Inspection and entry shall be allowed under Texas Water Code Chapters 26-28, Health and Safety
Code '' 361.032-361.033 and 361.037, and 40 Code of Federal Regulations (CFR) '122.41(i).
The statement in Texas Water Code ' 26.014 that commission entry of a facility shall occur
according to an establishment's rules and regulations concerning safety, internal security, and fire
protection is not grounds for denial or restriction of entry to any part of the facility or site, but
merely describes the commission's duty to observe appropriate rules and regulations during an
inspection.
E. The discharger is subject to administrative, civil, and criminal penalties, as applicable, under
Texas Water Code, Chapters 26, 27, and 28, and the Texas Health and Safety Code, Chapter 361
for violations including but not limited to the following:
a. negligently or knowingly violating CWA, '' 301, 302, 306, 307, 308, 318, or 405, or
any condition or limitation implementing any sections in a permit issued under CWA, '
402; and
b. knowingly making any false statement, representation, or certification in any record or
other document submitted or required to be maintained under a permit, including
monitoring reports or reports of compliance or noncompliance.
F. All reports and other information requested by the executive director must be signed by the
person and in the manner required by 30 TAC ' 305.128 (relating to Signatories to Reports).
G. Authorization under this general permit does not convey property or water rights of any sort and
does not grant any exclusive privilege.
H. The permittee shall implement its SWMP on any new areas under its jurisdiction that are located
in a UA or that are designated by the TCEQ. Implementation of the SWMP in these areas is
required three (3) years from acquiring the new area, or five (5) years from the date of the
original SWMP, whichever is later.
Part VI. Authorization for Municipal Construction Activities
The MS4 operator may obtain authorization under TPDES general permit TXR150000 to discharge storm
water runoff from each construction activity performed by the MS4 operator that results in a land
disturbance of one (1) or more acres of land. Alternatively, the MS4 operator may develop the SWMP to
include this optional seventh (7th) storm water MCM if the eligibility requirements in Part VI.A. are met.
If an MS4 operator decides to utilize this MCM, then the MS4 operator must include the MCM it in its
SWMP submitted with the NOI or submit an NOC notifying the executive director of the addition of this
MCM to its SWMP. The MS4 operator must identify the geographic area or boundary where the
construction activities will be conducted under the provisions of this general permit. If the small MS4
meets the terms and requirements of this general permit, then discharges from these construction activities
may be authorized under this general permit as long as they occur within the regulated geographic area of
the small MS4. An MS4 operator
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may utilize this MCM over additional portions of their MS4 if those areas are also in compliance with all
MCMs listed in this general permit. Even if an MS4 operator has developed this optional seventh storm
water MCM, the MS4 operator may apply under TPDES general permit TXR150000 for authorization for
particular municipal construction activities including those activities that occur during periods of low
potential for erosion (for which no SWP3 must be developed).
A. Eligible Construction Sites
Discharges from construction activities within the regulated area where the MS4 operator meets
the definition of construction site operator are eligible for authorization under this general permit.
Discharges from construction activities outside of the regulated area, where the MS4 operator
meets the definition of construction site operator, are only eligible for authorization under this
general permit in those areas where the MS4 operator meets the requirements of Parts III.A.1.
through III.A.6 of this general permit, related to MCMs.
B. Discharges Eligible for Authorization
1. Storm Water Associated with Construction Activity
Discharges of storm water runoff from small and large construction activities may be
authorized under this general permit.
2. Discharges of Storm Water Associated with Construction Support Activities
Discharges of storm water runoff from construction support activities, including concrete
batch plants, asphalt batch plants, equipment staging areas, material storage yards,
material borrow areas, and excavated material disposal areas may be authorized under
this general permit provided:
(a) the activity is located within a 1-mile distance from the boundary of the
permitted construction site and directly supports the construction activity;
(b) a storm water pollution prevention plan is developed according to the provisions
of this general permit and includes appropriate controls and measures to reduce
erosion and discharge of pollutants in storm water runoff from the supporting
industrial activity site; and
(c) the construction support activity either does not operate beyond the completion
date of the construction activity or obtains separate TPDES authorization for
discharges as required.
3. Non-storm Water Discharges
The following non-storm water discharges from construction sites authorized under this
general permit are also eligible for authorization under this MCM:
(a) discharges from fire fighting activities (fire fighting activities do not include
washing of
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trucks, run-off water from training activities, test water from fire suppression
systems, and similar activities);
(b) fire hydrant flushings;
(c) vehicle, external building, and pavement wash water where detergents and soaps
are not used and where spills or leaks of toxic or hazardous materials have not
occurred (unless all spilled material is removed)
(d) water used to control dust;
(e) potable water sources including waterline flushings;
(f) air conditioning condensate; and
(g) uncontaminated ground water or spring water, including foundation or footing
drains where flows are not contaminated with industrial materials such as
solvents.
4. Other Permitted Discharges
Any discharge authorized under a separate TPDES or TCEQ permit may be combined
with discharges from construction sites operated by the small MS4.
C. Limitations on Permit Coverage
Discharges that occur after construction activities have been completed, and after the construction
site and any supporting activity site have undergone final stabilization, are not eligible for
coverage under Part VI of the general permit.
D. Numeric Effluent Limitations
All discharges of storm water runoff from concrete batch plants must be monitored at the
following monitoring frequency and comply with the following numeric effluent limitations:
Limitations Monitoring
Parameter Daily Maximum Frequency
Total Suspended Solids 65 mg/l 1/Year
Oil and Grease 15 mg/l 1/Year
pH between 6 and 9 standard
units
1/Year
E. Storm Water Pollution Prevention Plan (SWP3)
Operators of municipal construction activities that qualify for coverage under this general permit
and that discharge storm water associated with construction activities that reach waters of the
U.S. must:
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1. develop a SWP3 according to the provisions of this general permit that covers the entire
site and begin implementation of that plan prior to commencing construction activities;
2. post a signed copy of the notice contained in Attachment 1 of this general permit in a
location at the construction site where it is readily available for viewing prior to
commencing construction activities and maintain the notice in that location until
completion of the construction activity and final stabilization of the site;
3. ensure the project specifications allow or provide that adequate BMPs may be developed
and modified as necessary to meet the requirements of this general permit and the SWP3;
4. ensure all contractors are aware of the SWP3 requirements, are aware that municipal
personnel are responsible for the day-to-day operations of the SWP3, and who to contact
concerning SWP3 requirements; and
5. ensure that the SWP3 identifies the municipal personnel responsible for implementation
of control measures described in the plan.
F. Effective Date of Coverage
Operators of construction activities eligible for coverage under this general permit are authorized
to discharge storm water associated with construction activity from a site 48 hours from the time
that the signed notice is posted at the site.
G. Deadlines for SWP3 Preparation and Compliance
The SWP3 must:
1. be completed and initially implemented prior to commencing construction activities that
result in soil disturbance;
2. be updated as necessary to reflect the changing conditions of new contractors, new areas
of responsibility, and changes in best management practices; and
3. provide for compliance with the terms and conditions of this general permit.
H. Plan Review and Making Plans Available
The SWP3 must be retained on-site at the construction site or made readily available at the time
of an on-site inspection to: the executive director; a federal, state, or local agency approving
sediment and erosion plans, grading plans, or storm water management plans; local government
officials; and the operator of a municipal separate storm sewer receiving discharges from the site.
I. Keeping Plans Current
The permittee must amend the SWP3 whenever:
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1. there is a change in design, construction, operation, or maintenance that has a significant
effect on the discharge of pollutants and that has not been previously addressed in the
SWP3; or
2. results of inspections or investigations by site operators, authorized TCEQ personnel, or a
federal, state or local agency approving sediment and erosion plans indicate the SWP3 is
proving ineffective in eliminating or significantly minimizing pollutants in discharges
authorized under this general permit.
J. Contents of SWP3
The SWP3 must include, at a minimum, the information described in this section.
1. A site description, or project description, must be developed to include:
(a) a description of the nature of the construction activity, potential pollutants and
sources;
(b) a description of the intended schedule or sequence of major activities that will
disturb soils for major portions of the site;
(c) the number of acres of the entire construction site property and the total number
of acres of the site where construction activities will occur, including off-site
material storage areas, overburden and stockpiles of dirt, and borrow areas;
(d) data describing the soil type or the quality of any discharge from the site;
(e) a map showing the general location of the site (e.g. a portion of a city or county
map);
(f) a detailed site map indicating the following:
(1) drainage patterns and approximate slopes anticipated after major grading
activities;
(2) areas where soil disturbance will occur;
(3) areas which will not be disturbed;
(4) locations of all major structural controls either planned or in place;
(5) locations where stabilization practices are expected to be used;
(6) locations of off-site material, waste, borrow or equipment storage areas;
(7) surface waters (including wetlands) either adjacent or in close proximity;
and
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(8) locations where storm water discharges from the site directly to a surface
water body.
(g) the location and description of asphalt plants and concrete plants (if any)
providing support to the construction site and that are also authorized under this
general permit;
(h) the name of receiving waters at or near the site that will be disturbed or that will
receive discharges from disturbed areas of the project; and
(i) a copy of Part VI of this TPDES general permit.
2. The SWP3 must describe the structural and the non-structural controls (best management
practices) that will be used to minimize pollution in runoff. The description must identify
the general timing or sequence for implementation and the party responsible for
implementation. At a minimum, the description must include the following components:
(a) Erosion and Sediment Controls
(1) Erosion and sediment controls must be designed to retain sediment on-
site to the maximum extent practicable with consideration for local
topography and rainfall.
(2) Control measures must be properly selected, installed, and maintained
according to the manufacturer=s or designer=s specifications. If periodic
inspections or other information indicates a control has been used
incorrectly, or that the control is performing inadequately, the operator
must replace or modify the control.
(3) Sediment must be removed from sediment traps and sedimentation ponds
no later than the time that design capacity has been reduced by 50%.
(4) If sediment escapes the site, accumulations must be removed at a
frequency to minimize further negative effects and, whenever feasible,
prior to the next rain event.
(5) Controls must be developed to limit offsite transport of litter,
construction debris, and construction materials by storm water runoff.
3. Stabilization Practices
The SWP3 must include a description of interim and permanent stabilization practices for
the site, including a schedule of when the practices will be implemented. Site plans
should ensure that existing vegetation is preserved where it is possible.
(a) Stabilization practices may include but are not limited to: establishment of
temporary vegetation, establishment of permanent vegetation, mulching,
geotextiles,
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sod stabilization, vegetative buffer strips, protection of existing trees and
vegetation and other similar measures.
(b) The following records must be maintained and either attached to or referenced in
the SWP3 and made readily available upon request to the parties in Part VI.H. of
this general permit:
(1) the dates when major grading activities occur;
(2) the dates when construction activities temporarily or permanently cease
on a portion of the site; and
(3) the dates when stabilization measures are initiated.
(c) Stabilization measures must be initiated as soon as practicable in portions of the
site where construction activities have temporarily or permanently ceased, and
except as provided in (1) through (3) below, must be initiated no more than
fourteen (14) days after the construction activity in that portion of the site has
temporarily or permanently ceased.
(1) Where the initiation of stabilization measures by the 14th day after
construction activity temporarily or permanently ceased is precluded by
snow cover or frozen ground conditions, stabilization measures must be
initiated as soon as practicable.
(2) Where the initiation of stabilization measures by the 14th day after
construction activity has temporarily or permanently ceased is precluded
by seasonably arid conditions, stabilization measures must be initiated as
soon as practicable. These conditions exist in arid areas (areas with an
average rainfall of 0 to 10 inches), semiarid areas (areas with an average
annual rainfall of 10 to 20 inches), and other areas experiencing
droughts.
(3) Where construction activity on a portion of the site is temporarily ceased
and earth disturbing activities will be resumed within twenty-one (21)
days, temporary stabilization measures do not have to be initiated on that
portion of site.
4. Structural Control Practices
The SWP3 must include a description of any structural control practices used to divert
flows away from exposed soils, to limit the contact of runoff with disturbed areas, or to
lessen the off-site transport of eroded soils.
(a) Sediment basins are required, where feasible, for common drainage locations that
serve an area with ten (10) or more acres that remain disturbed at any one time.
Sediment basins may be either temporary or permanent, but must be designed to
store either
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the calculated volume of runoff from a 2 year, 24 hour storm from acreage
drained, or designed to provide 3,600 cubic feet of storage per acre drained.
When calculating the volume of runoff from a 2-year, 24-hour storm event, it is
not required to include the flows from offsite areas and flow from onsite areas
that are either undisturbed or have already undergone final stabilization, if these
flows are diverted around both the disturbed areas of the site and the sediment
basin. In determining whether installing a sediment basin is feasible, the
permittee may consider factors such as site soils, slope, available area on site,
public safety, and other similar considerations. Where sediment basins are not
feasible, equivalent control measures, which may include a series of smaller
sediment basins, must be used. At a minimum, silt fences, vegetative buffer
strips, or equivalent sediment controls are required for all down slope boundaries
(and for those side slope boundaries deemed appropriate as dictated by individual
site conditions) of the construction area.
(b) Sediment traps and sediment basins may be used to control solids in storm water
runoff for drainage locations serving less than ten (10) acres. At a minimum, silt
fences, vegetative buffer strips, or equivalent sediment controls are required for
all down slope boundaries (and for those side slope boundaries deemed
appropriate as dictated by individual site conditions) of the construction.
Alternatively, a sediment basin providing storage for a calculated volume of
runoff from these areas for a 2-year, 24- hour storm or 3,600 cubic feet of storage
per acre drained may be provided.
5. Permanent Storm Water Controls
A description of any measures that will be installed during the construction process to
control pollutants in storm water discharges that will occur after construction operations
have been completed must be included in the SWP3. Permittees are only responsible for
the installation and maintenance of storm water management measures prior to final
stabilization of the site .
6. Other Controls
(a) Off-site vehicle tracking of sediments and the generation of dust must be
minimized.
(b) The SWP3 must include a description of construction and waste materials
expected to be stored on-site and a description of controls to reduce pollutants
from these materials.
(c) The SWP3 must include a description of pollutant sources from areas other than
construction (including storm water discharges from dedicated asphalt plants and
dedicated concrete plants), and a description of controls and measures that will
be implemented at those sites to minimize pollutant discharges.
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7. Approved State and Local Plans
(a) Permittees must ensure the SWP3 is consistent with requirements specified in
applicable sediment and erosion site plans or site permits, or storm water
management site plans or site permits approved by federal, state, or local
officials.
(b) SWP3s must be updated as necessary to remain consistent with any changes
applicable to protecting surface water resources in sediment erosion site plans or
site permits, or storm water management site plans or site permits approved by
state or local official for which the permittee receives written notice.
8. Maintenance
All erosion and sediment control measures and other protective measures identified in the
SWP3 must be maintained in effective operating condition. If through inspections the
permittee determines that BMPs are not operating effectively, maintenance must be
performed before the next anticipated storm event or as necessary to maintain the
continued effectiveness of storm water controls. If maintenance prior to the next
anticipated storm event is impracticable, maintenance must be scheduled and
accomplished as soon as practicable.
9. Inspections of Controls
(a) Personnel provided by the permittee and familiar with the SWP3 must inspect
disturbed areas of the construction site that have not been finally stabilized, areas
used for storage of materials that are exposed to precipitation, all structural
control measures for effectiveness and necessary maintenance, and locations
where vehicles enter or exit the site for evidence of off-site tracking. Inspections
must occur at least once every fourteen (14) calendar days and within twenty four
(24) hours of the end of a storm event of 0.5 inches or greater. As an alternative,
the SWP3 may be developed to require that these inspections will occur at least
once every seven (7) calendar days; in which case additional inspections are not
required following each qualifying storm event. If this alternative schedule is
developed, the inspection must occur on a specifically defined day, regardless of
whether or not there has been a rainfall event since the previous inspection.
Where sites have been finally or temporarily stabilized, where runoff is unlikely
due to winter conditions (e.g. site is covered with snow, ice, or frozen ground
exists), or during seasonal arid periods in arid areas (areas with an average annual
rainfall of 0 to 10 inches) and semi-arid areas (areas with an average annual
rainfall of 10 to 20 inches), inspections must be conducted at least once every
month.
(b) Personnel provided by the permittee and familiar with the SWP3 must inspect all
accessible discharge locations to determine if erosion control measures are
effective in preventing visually noticeable changes to receiving waters, including
persistent
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cloudy appearance in water color and noticeable accumulation of sediments.
Where discharge locations are inaccessible, nearby downstream locations must
be inspected to the extent that such inspections are practicable. The frequency
for these inspections must be established by the permittee in the SWP3 with
consideration for local rainfall and soil, but must occur at least once during the
construction activity if a discharge occurs.
(c) The SWP3 must be modified based on the results of inspections, as necessary, to
better control pollutants in runoff. Revisions to the SWP3 must be completed
within seven (7) calendar days following the inspection. If existing BMPs are
modified or if additional BMPs are necessary, an implementation schedule must
be described in the SWP3 and wherever possible those changes implemented
before the next storm event. If implementation before the next anticipated storm
event is impracticable, these changes must be implemented as soon as
practicable.
(d) A report summarizing the scope of the inspection, names and qualifications of
personnel making the inspection, the dates of the inspection, and major
observations relating to the implementation of the SWP3 must be made and
retained as part of the SWP3. Major observations should include: the locations
of discharges of sediment or other pollutants from the site; locations of BMPs
that need to be maintained; locations of BMPs that failed to operate as designed
or proved inadequate for a particular location; and locations where additional
BMPs are needed.
(e) Actions taken as a result of inspections must be described within, and retained as
a part of, the SWP3. Reports must identify any incidents of non-compliance.
Where a report does not identify any incidents of non-compliance, the report
must contain a certification that the facility or site is in compliance with the
SWP3 and this permit.
10. The SWP3 must identify and ensure the implementation of appropriate pollution
prevention measures for all eligible non-storm water components of the discharge.
K. Additional Retention of Records
The permittee must retain the following records for a minimum period of three (3) years from the
date that final stabilization has been achieved on all portions of the site. Records include:
1. a copy of the SWP3; and
2. all reports and actions required by this general permit, including a copy of the site notice.
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Attachment 1
CONSTRUCTION SITE NOTICE
FOR THE
Texas Commission on Environmental Quality
Storm Water Program
TPDES GENERAL PERMIT TXR040000
The following information is posted in compliance with Part VI of the Texas Commission on Environmental Quality’s
(TCEQ) TPDES General Permit Number TXR040000 for discharges of storm water runoff from construction sites
that are operated by small municipal separate storm sewer system operators. Additional information regarding the
TCEQ storm water permit program may be found on the internet at:www.tceq.state.tx.us
Permit Number: TXR04 __________
Contact Name and Phone Number:
Project Description:
(Including estimated start date and either
the projected end date, or date that
disturbed soils will be finally
stabilized)
Location of Storm Water Pollution
Prevention Plan (SWP3):
I,(Typed or Printed Name Person Completing This Certification) certify under
penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part VI
of TPDES General Permit TXR040000. A storm water pollution prevention plan has been developed and
implemented according to permit requirements. I am aware there are significant penalties for providing false
information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for
knowing violations.
Signature Date
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Attachment 2 CONCRETE BATCH FACILITIES STW/ TXR04/ COPERMITTEE NAME/ADDRESS (Include Facility Name/Location if Different) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)DISCHARGE MONITORING REPORT (DMR) NOTE:Enter your permit number in the underlined space in the upper right hand corner of this page.Example: STW/TXR04 00123/ CO Mail to: TCEQ (MC 213) P.O. Box 13087 Austin, TX 78711-3087 NAME(2-16)(17-19) ADDRESS PERMIT NUMBER DISCHARGE NUMBERFACILITY LOCATIONMONITORING PERIOD YEAR MO DAY YEAR MO DAY01 0112 31 (20-21) (22-23) (24-25) (26-27) (28-29) (30-31)PARAMETER(32-37) (3 Card Only) QUANTITY OR LOADING (46-53) ( 54-61) (4 Card Only) QUALITY OR CONCENTRATION (38-45) (46-53) (54-61)NO. EX (62-63)FREQUENCY OFANALYSIS (64-68) SAMPLETYPE (69-70)AVERAGE MAXIMUM UNITS MINIMUM AVERAGE MAXIMUM UNITS Total Suspended SolidsSAMPLE MEASUREMENT*********************************** *******mg/l SAMPLE REQUIREMENT****************************65Daily Max 1/Year Grab Oil & Grease SAMPLE MEASUREMENT*********************************** *******mg/l SAMPLE REQUIREMENT****************************15Daily Max 1/Year Grab pH SAMPLE MEASUREMENT*********************************** *******S.U. SAMPLE REQUIREMENT****************************6.0 - 9.0 Range1/Year GrabSAMPLE MEASUREMENTSAMPLE REQUIREMENTNAME/TITLE PRINCIPAL EXECUTIVE OFFICER ICERTIFY UNDER PENALTY OF LAW THAT THIS DOCUMENT AND ALL ATTACHMENTS WERE PREPARED UNDER MY DIRECTION OR SUPERVISION IN ACCORDANCE WITH A SYSTEM DESIGNED TO ASSURE THAT QUALIFIED PERSONNEL PROPERLY GATHER AND EVALUATE THE INFORMATION SUBMITTED. BASED ON MY INQUIRY OF THE PERSON OR PERSONS WHO MANAGE THE SYSTEM, OR THOSE PERSONS DIRECTLY RESPONSIBLE FOR GATHERING THE INFORMATION, THE INFORMATION SUBMITTED IS, TO THE BEST OF MY KNOWLEDGE AND BELIEF, TRUE, ACCURATE, AND COMPLETE. I AM AWARE THAT THERE ARE SIGNIFICANT PENALTIES FOR SUBMITTING FALSE INFORMATION, INCLUDING THE POSSIBILITY OF FINE AND IMPRISONMENT FOR KNOWING VIOLATIONS. TELEPHONEDATESIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT AREACODE NUMBER YEAR MO DAY TYPED OR PRINTED COMMENTS AND EXPLANATION OF ANY VIOLATIONS (Reference all attachments here)EPA Form 3320-1 (3-99) (REPLACES EPA FORM T-40 WHICH MAY NOT BE USED) PAGE OFForm Approved OMB No. 2040-004Item 4g
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ȱȱȱ
ȱ STORMWATERȱMANAGEMENTȱPROGRAMȱ
4/2014
APPENDIX B TOWN OF PROSPER NOTICE OF INTENT
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TCEQ 20368 (Effective 12/13/2013, Form rev. 05/29/2014) Page 1
TCEQ Office Use Only
Permit No.:
RN:
CN:
Region:
Notice of Intent (NOI) for Stormwater Discharges
from Small Municipal Separate Storm Sewer Systems
(MS4) under the TPDES Phase II MS4 General Permit
(TXR040000)
IMPORTANT:
x Use the INSTRUCTIONS to fill out each question in this form.
x Use the CHECKLIST to make certain you filled out all required information.
Incomplete applications WILL delay approval or result in automatic denial.
x Once processed your authorization can be viewed at:
http://www.tceq.texas.gov/goto/wq-dpa
APPLICATION FEE:
x You must pay the $100 Application Fee to TCEQ for the paper application to be
complete.
x Payment and NOI must be mailed to separate addresses.
x Did you know you can pay on line?
x Go to https://www3.tceq.texas.gov/epay/index.cfm
x Select Fee Type: GENERAL PERMIT MS4 PHASE II STORM WATER DISCHARGE
NOI APPLICATION
x Provide your payment information below, for verification of payment:
Mailed Check/Money Order No.:
Name Printed on Check:
EPAY Voucher No.:
Is the Payment Voucher copy attached? Yes
One (1) copy of the NOI and Stormwater Management Program (SWMP) with the
completed SWMP Cover Sheet MUST be submitted with the original NOI and
SWMP.
Is the copy attached? Yes
RENEWAL: Is this NOI a Renewal of an existing Phase II MS4 General Permit
Authorization?
(Note: An authorization cannot be renewed after June 11, 2014.)
Yes The existing authorization number is: TXR04
(If an authorization number is not provided, a new number will be
assigned.)
No
✔210942
✔
✔
✔
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TCEQ 20368 (Effective 12/13/2013, Form rev. 05/29/2014) Page 2
1) OPERATOR (Applicant)
a)If the applicant is currently a customer with TCEQ, what is the Customer Number (CN)
issued to this entity? You may search for your CN at:
http://www.tceq.texas.gov/goto/cr-customer
CN
b)What is the Legal Name of the entity (applicant) applying for this permit?
(The exact legal name must be provided.)
c)What is the contact information for the Operator (Applicant)? The mailing address must be
recognized by the US Postal Service. You may verify the address at:
https://tools.usps.com/go/ZipLookupAction!input.action
Prefix (Mr. Ms. Miss):
First/Last Name: __________________________ Suffix:
Title: Credential:
Phone Number: ________ Ext: Fax Number:________________
E-mail:
Mailing Address:
Internal Routing (Mail Code, Etc.):
City: State: ZIP Code:
If outside USA: Territory: Country Code: Postal Code:
d)Indicate the type of Customer (The instructions will help determine your customer type):
Federal Government State Government County Government
City Government Other Government
e)Number of Employees:
0-20; 21-100; 101-250; 251-500; or 501 or higher
2) ANNUAL BILLING CONTACT
The Operator is responsible for paying the annual fee. The annual fee will be assessed to
authorizations active on September 1 of each year. TCEQ will send a bill to the address provided
in this section. The Operator is responsible for terminating the permit when it is no longer
needed.
Is the billing contact and contact information the same as the Operator identified in Section 1)
above?
Yes, go to Section 3).
No, complete section below
Prefix (Mr. Ms. Miss):
First/Last Name: __________________________ Suffix:
Title: Credential:
Organization Name:
Phone Number: Ext: Fax Number:
E-mail:
Mailing Address:
Internal Routing (Mail Code, Etc.):
City: State: ZIP Code:
600652499
Town of Prosper
Mr.
Hulon T. Webb Jr, P.E.
Executive Director of Community and Development Services
(972) 569-1065 (972) 347-9006
hulon_webb@prospertx.gov
PO Box 307
Prosper TX 75078
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✔
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Mr.
Daniel Heischman P.E.
Senior Engineer
Town of Prosper
(972) 569-1096 (972) 347-9006
dan_heischman@prospertx.gov
PO Box 307
Prosper TX 75078
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3) APPLICATION CONTACT
If TCEQ needs additional information regarding this application, who should be contacted?
Is the application contact and contact information the same as the Operator identified in
Section 1) above?
Yes, go to Section 4).
No, complete section below
Prefix (Mr. Ms. Miss):
First/Last Name: __________________________ Suffix:
Title: Credential:
Organization Name:
Phone Number: Ext: Fax Number:
E-mail:
Mailing Address:
Internal Routing (Mail Code, Etc.):
City: State: ZIP Code:
Mailing Information if outside USA:
Territory: Country Code: Postal Code:
4) REGULATED ENTITY (RE) INFORMATION
If the site of your business is part of a larger business site or if other businesses were located at
this site before yours, a Regulated Entity Number (RN) may already be assigned for the larger
site. Use the RN assigned for the larger site. Search TCEQ’s Central Registry to see if the larger
site may already be registered as a regulated site at:
http://www.tceq.texas.gov/goto/cr-searchrn
If the site is found, provide the assigned Regulated Entity Reference Number and provide the
information for the site to be authorized through this application below. The site information
for this authorization may vary from the larger site information.
a)TCEQ issued RE Reference Number (RN): RN
b)Name that is used to identify the small MS4 (Example: City of XXX MS4)
_____________________
c)Provide a brief description of the regulated MS4 boundaries: (Example: Area within the City
of XXXX limits that is located within the xxx (e.g. Dallas) urbanized area):
d)City where the largest residential population exists within the regulated MS4 boundaries:
e)ZIP code where the largest residential population exists within the regulated MS4
boundaries:
✔
Mr.
Daniel Heischman P.E.
Senior Engineer
Town of Prosper
(972) 569-1096 (972) 347-9006
dan_heischman@prospertx.gov
PO Box 307
Prosper TX 75078
101208932
Town of Prosper
Area within the Town of Prosper limits that is located within the McKinney urbanized area as
well the Dallas urbanized area per the 2010 Census
Prosper
75078
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f)County where the largest residential population exists within the regulated MS4 boundaries:
_____________________
Is the MS4 located within additional counties?
Yes – If Yes, what county (or counties)?
No
g)Latitude: Longitude:
5) GENERAL CHARACTERISTICS
a)Is the project/site located on Indian Country Lands?
Yes – If Yes, you must obtain authorization through EPA, Region 6.
No
b)What is applicant’s Standard Industrial Classification (SIC) code?
SIC Code:
c)What is the category or level of the MS4 based on the population served?
Level 1: Operators of traditional small MS4s that serve a population of less than 10,000
within an urbanized area (UA).
Level 2: Operators of traditional small MS4s that serve a population of at least 10,000
but less than 40,000 within an UA.
This category also includes all non-traditional small MS4s such as counties,
drainage districts, transpiration entities, military bases, universities, colleges,
correctional institutions, municipal utility districts and other special districts
regardless of population served within the UA, unless the non-traditional MS4
can demonstrate that it meets the criteria for a waiver from permit coverage
based on the population served.
Level 3: Operators of traditional small MS4s that serve a population of at least 40,000
but less than 100,000 within an UA.
Level 4: Operators of traditional small MS4s that serve a population of 100,000 or
more within an UA.
d)Has TCEQ “designated” the small MS4 as needing coverage under this general permit?
N/A
Yes
No - If No and no portion of the small MS4 is located within an UA as determined by the
2000 or 2010 Decennial Census by the U.S Bureau of Census requiring a NOI be
submitted, the operator is not eligible for coverage under this general permit
through the NOI.
Collin
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Denton
33.23668 -95.797447
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9111
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e)What is your annual reporting year?
Calendar year
MS4 general permit year
Fiscal year – If Fiscal year, what is the last day of the fiscal year?
f)Stormwater Management Program (SWMP)
1. I certify that the SWMP submitted with this Notice of Intent has been developed
according to the provisions of this general permit TXR040000.
Yes
No – If No, the application is considered incomplete and may be returned.
2. I certify that the SWMP Cover Sheet is completed and attached to the front of the SWMP.
Yes
No – If No, the application is considered incomplete and may be returned.
3. Who is the person responsible for implementing or coordinating implementation of the
SWMP? (Note: All contact information requested below is required.)
First/Last Name:
Title:
Company:
Phone Number: Ext: Fax Number:
E-mail:
Mailing Address:
Internal Routing (Mail Code, Etc.):
City: State: ZIP Code:
g)7th Minimum Control Measure (MCM) for Municipal Construction Activities
1. Is the MCM for authorization to discharge stormwater from municipal construction
activities included with the attached SWMP?
Yes – If Yes, what are the boundaries within which those activities will occur? (Note:
If the boundaries are located outside of the urbanized area, then the entire
SWMP must also incorporate the additional areas.)
No
2. Is the discharge or potential discharge from regulated construction activities within the
Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone of
the Edwards Aquifer?
Yes – If Yes, please note that a copy of the agency approved Water Pollution
Abatement Plan (WPAP) required by the Edward Aquifer Rule (30 TAC
Chapter 213) must be either included or referenced in the construction
stormwater pollution prevention plan(s).
No
✔
✔
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Daniel Heischman
Senior Engineer
Town of Prosper
(972) 569-1096 (972) 347-9006
dan_heischman@prospertx.gov
PO Box 307
Prosper TX 75078
✔
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h)Discharge Information
1. What is the name of the water body (ies) receiving stormwater from the MS4?
2. What is the classified segment number(s) that receives discharges, directly or indirectly,
from the small MS4?
Do you discharge directly or indirectly?
3. Are any of the surface water body (ies) receiving discharges from the small MS4 on the
latest EPA-approved Clean Water Act (CWA) §303(d) list of impaired waters or the
Texas Integrated Report of Surface Water Quality for CWA Sections 305(b) and 303(d)?
Yes – If Yes:
What is the name of the impaired water body (ies) receiving the discharge from
the small MS4?
What is/are the pollutant(s) of concern?
No
4. Is the discharge into any other MS4 prior to discharge into surface water in the state?
Yes – If Yes, what is the name of the MS4 Operator?
No
i)Edwards Aquifer
Is the discharge or potential discharge from the MS4 within the Recharge Zone,
Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards
Aquifer?
Yes - If Yes, complete certification below by checking “Yes”.
No
I certify that a copy of the TCEQ approved WPAP required by the Edwards Aquifer
Rule (30 TAC Chapter 213) is either included or referenced in the SWMP.
Yes
Lewisville Lake and Lake Lavon
0821, 0823
indirectly
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Wilson Creek
bacteria 082ID_01
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j)Public Participation Process
The Office of Chief Clerk will send the operator or person responsible for publishing, the
notice of the executive director’s preliminary determination of the NOI and SWMP, in a
newspaper of general circulation in the county where the small MS4 is located. If multiple
counties, notice must be published at least once in the newspaper of general circulation in
the county containing the largest resident population.
The applicant must file with the Chief Clerk a copy of an affidavit of the publication within
60 days of receiving the written instructions from the Office of Chief Clerk.
1. I will comply with the Public Participation requirements described in Part II.E.12 of the
general permit.
Yes
No – If No, coverage under this general permit is not obtainable.
2. Who is the person responsible for publishing notice of the executive director’s
preliminary determination on the NOI and SWMP? (Note: All contact information
requested below is required.)
First/Last Name:
Title:
Company:
Phone Number: Ext: Fax Number:
E-mail:
Mailing Address:
Internal Routing (Mail Code, Etc.):
City: State: ZIP Code:
3. What is the name and location of the public location where copies of the NOI and
SWMP, as well as the executive director’s general permit and fact sheet, may be
reviewed?
Name of Public Place:
Address of Public Place:
County of Public Place:
✔
Daniel Heischman
Senior Engineer
Town of Prosper
(972) 569-1096 (972) 347-9006
dan_heischman@prospertx.gov
PO Box 307
Prosper TX 75078
Development Services Building
407 E. First Street
Prosper, TX 75078
Collin
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6) CERTIFICATION
Check Yes to the certifications below. Failure to indicate Yes to ALL items may result in denial
of coverage under the general permit.
a)I certify that I have obtained a copy and understand the terms and conditions
of the Phase II (Small) MS4 General Permit TXR040000. Yes
b)I certify that the small MS4 qualifies for coverage under the general permit
TXR040000. Yes
c)I understand that a Notice of Termination (NOT) must be submitted when this
authorization is no longer needed. Yes
d)I understand that authorization active on September 1st of each year will be
accessed an Annual Water Quality Fee. Yes
Operator Certification:
I,
Typed or printed name Title
certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing violations.
I further certify that I am authorized under 30 Texas Administrative Code §305.44 to sign
and submit this document, and can provide documentation in proof of such authorization upon
request.
Signature: Date:
(Use blue ink)
✔
✔
✔
✔
Hulon T. Webb, Jr Exec. Dir. of Dev. & Com. Services
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NOTICE OF INTENT CHECKLIST (TXR040000)
x Did you complete everything? Use this checklist to be sure!
x Are you ready to mail your form to TCEQ? Go to the General Information Section of the
Instructions for mailing addresses.
This checklist is for use by the operator to ensure a complete application. Missing information
may result in denial of coverage under the general permit. (See NOI process description in the
Instructions)
Application Fee:
If paying by Check:
Check was mailed separately to the TCEQs Cashier’s Office. (See Instructions for
Cashier’s address and Application address.)
Check number and name on check is provided in this application.
If using ePay:
The voucher number is provided in this application or a copy of the voucher is attached.
AUTHORIZATION NUMBER:
Authorization number provided – if this application is for renewal of an existing
authorization.
OPERATOR INFORMATION - Confirm each item is complete:
Customer Number (CN) issued by TCEQ Central Registry
Legal name as filed to do business in Texas (Call TX SOS 512/463-5555)
Name and title of responsible authority signing the application
Mailing address is complete & verifiable with USPS. www.usps.com
Phone numbers/e-mail address
Type of operator (entity type)
Number of employees
Billing address is complete & verifiable with USPS. http://www.usps.com
REGULATED ENTITY (RE) INFORMATION ON PROJECT OR SITE - Confirm each item is
complete:
MS4/Regulated Entity Name
Site description
Latitude and longitude http://www.tceq.texas.gov/gis/sqmaview.html
County
Site/project physical address. Do not use a rural route or post office box.
Business description
GENERAL CHARACTERISTICS - Confirm each item is complete:
Indian Country Lands –the facility is not on Indian Country Lands
Standard Industrial Classification (SIC) Code www.osha.gov/oshstats/sicser.html
Level of MS4
Qualifying TCEQ “Designated” small MS4
Annual Reporting Year
7th Minimum Control Measurement (MCM) for Municipal Construction Activities
Discharge information
Edwards Aquifer rule
Public participation information
CERTIFICATION
Certification statements have been checked indicating “Yes”
Signature meets 30 Texas Administrative Code (TAC) 305.44 and is original.
Stormwater Management Program (SWMP), and completed SWMP Cover Sheet are
attached to the NOI.
✔
✔
✔
✔
✔
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✔
✔
✔
✔
✔
✔
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STORMWATER MANAGEMENT PROGRAM (SWMP) COVER SHEET
Confirm Each Minimum Control Measure (MCM) Below is Included in the SWMP
This cover sheet MUST be completed by indicating the page number where the requested item
will be found in the SWMP. Provide the page number to the left of each item.
This cover sheet MUST be attached to the front of the SWMP.
Operator:
Operator name on NOI:
Assessment of program elements:
Program elements that were described in the previous permit have been assessed and
modified as necessary. New elements have been developed and implemented as necessary.
N/A, If newly regulated MS4.
MCM 1: Public Education, Outreach, and Involvement
Page # (s) – Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
Requirements for all MS4s:
1. SWMP includes a stormwater education and outreach program to educate public
employees, business, and the general public about hazards associated with the
illegal discharges and improper disposal of waste and about the impacts
stormwater can have on water quality, and steps they can take to reduce
pollutants in stormwater.
2. Defines the goals and objectives of the program based on high-priority
community-wide issues.
3. Identifies the target audiences.
4. Appropriate educational material is developed or used.
5. Education material is distributed.
SWMP Lists Best Management Practices (BMPs) used to fulfill this MCM.
Examples of possible BMPs include, but are not limited to, the following:
x Classroom Education
x Use of media
x Education/Outreach for Commercial Activities
x Lawn and garden activities
x Promotional giveaways
x Water conservation practices for homeowners
x Outreach programs tailored to specific communities and children
x Stormwater educational materials
x Educational displays, pamphlets, booklets, and utility stuffers
x Webpage
x Storm drain stenciling
x Speakers to community groups
x Encouragement of proper lawn and garden care
x Encouragement of low impact development
x Support of pollution prevention for businesses
Town of Prosper
✔
3-7
4-7
4
4-7
4-7
4-7
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x Encouragement of water conservation practices
x Encouragement of pet waste management
x Stormwater hotlines
6. SWMP includes a program that complies with state and local public notice
requirements.
7. May include using public input in the implementation of the program.
8. May include opportunities for citizen to participate in implementation of control
measures.
9. Ensure the public easily can find information about the SWMP.
SWMP Lists Best Management Practices (BMPs) used to fulfill this MCM.
Examples of possible BMPs include, but are not limited to, the following:
x Stakeholder meetings
x Community hotline
x Coordination with school groups/scouting
x Listserver
x Stream cleanup and monitoring
x Adopt-A-Stream programs
x Incentives for businesses to participate, such as web links
x Volunteer monitoring
x Watershed Organization
x Storm drain stenciling programs
x Advisory/partner committees
x Mailing list development and use
x Reforestation programs
x Wetland plantings
x Coordinate volunteer programs.
SWMP includes measureable goals, and the method of measurement, for addressing
stormwater quality
SWMP has been fully implemented, or includes a schedule of implementation not to
exceed five (5) years from permit issuance date.
MCM 2: Illicit Discharge Detection and Elimination
Page # (s) – Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
Requirements for all MS4s:
1. Description of program that will be used to detect, investigate and eliminate illicit
discharges
2. MS4 map:
a. Location of all small MS4 outfalls operated by the MS4 and that discharge
into waters of the U.S.
b. Location and name of all surface waters receiving discharge from the
MS4s outfalls.
c. Priority areas, if applicable.
3. Methods for informing and training MS4 field staff.
4. Procedures for tracing the source of an illicit discharge.
4-7
4-7
6-7
6-7
5-6, 24
6-7
4-7
4-7
7-9
10
10-11
10-11
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5. Procedures for removing the source of the illicit discharge.
6. Facilitate public reporting of illicit discharges of water quality impacts associated
with discharges into or from the small MS4.
7. Procedures for responding to illicit discharges and spills.
8. Inspections in response to complaints.
Additional Requirements for Level 2, 3, and 4 small MS4s:
For Level 2, 3, and 4 small MS4, procedures to prevent and correct leaking on-site
sewage disposal systems.
Additional Requirements for Level 3 and 4 small MS4s:
Follow-up investigation after the illicit discharge has been eliminated.
Additional Requirements for Level 4 small MS4s:
1. Procedures for identifying and creating a list of priority areas within the small
MS4s likely to have illicit discharges.
2. Implement a dry weather field screening program to assist in detecting and
eliminating illicit discharges to the small MS4.
SWMP Lists Best Management Practices (BMPs) used to fulfill this MCM.
Examples of possible BMPs may include the following:
x List of non-stormwater discharges that will not be considered illicit
x Procedures to address illegal dumping
x Hazardous materials disposal opportunities
x Industrial/Business connections
x Addressing wastewater connections to MS4
x Addressing recreational sewage (boats/camping/etc.)
x System inspections
x Dye testing
x Recycling programs
x Informing public/employees/businesses of hazards associated with illicit
discharges
x Identification of illicit discharges
x Used oil collection centers
x Public outreach and education programs regarding illicit discharges
x Publicize and facilitate public reporting
SWMP includes measureable goals, and the method of measurement, for addressing
stormwater quality.
SWMP has been fully implemented, or includes a schedule of implementation not to
exceed five (5) years from permit issuance date.
MCM 3: Construction Site Stormwater Runoff Control
Page # (s) – Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
10
11
10-11
10-11
10-11
n/a
n/a
9-11
9-11
9-11
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Requirements for all MS4s:
1. Description of program that will be developed, implemented and enforced, to
address stormwater runoff from construction once acre and greater (including
larger common plan).
2. Ordinance or other regulatory mechanism to require erosion and sediment
controls, as well as sanctions to ensure compliance, to the extent allowable under
state and local law.
3. Program requires construction site operators to implement erosion and sediment
control – BMPs to minimize the discharge of pollutants.
a. Program requires soil stabilization measures, and implementation of
BMPs to control pollutants from equipment and vehicle washing and
other wash waters.
b. Program requires operators to minimize exposure to stormwater of
building materials, building products, construction wastes, trash,
landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary
waste, and other materials.
c. Minimize the discharge of pollutants from spills and leaks. As an
alternative, ensure that the construction site has developed a stormwater
pollution prevention plan in accordance with the TPDES Construction
General Permit TXR150000.
4. Program prohibits illicit discharges such as wash out wastewater, fuels, oils,
soaps, solvents, and dewatering activities.
5. Procedures for construction site plan review to consider water quality impacts.
6. Procedures for construction site inspections and enforcement of control
measures, to the extent allowable under state and local law.
7. Procedures for receipt and consideration of information submitted by the public.
8. Procedures for MS4 staff training.
Additional Requirements for Level 3, and 4 small MS4s:
Includes an inventory of all permitted active construction sites greater than one acre
or less than one acre if part of a larger common plan of development.
SWMP lists BMPs used to fulfill this MCM. Examples may include:
x Requirement to comply with TPDES CGP
x Notification to discharger of responsibilities under TPDES CGP
x Hire staff to review construction site plans
x Provide a web page for public input on construction activities
x Require overall construction site waste management
x Perform site inspections and enforcement
x Provide education and training for construction site operators
x Notify dischargers of requirement to obtain TPDES permit coverage
x Mechanism to prohibit discharges into MS4 where necessary
SWMP includes measurable goals, and the method of measurement, for addressing
stormwater quality.
SWMP has been fully implemented, or includes a schedule of implementation not to
exceed five (5) years from permit issuance date.
11-14
14
14-15
14-15
14-15
15
15
15
n/a
14-15
11-15
14-15
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MCM 4: Post-Construction Stormwater Management in New Development and Redevelopment
Page # (s) – Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
Requirements for all MS4s:
1. Description of program that will be developed, implemented and enforced, to
address stormwater runoff from new development and redeveloped sites that
discharge into the small MS4 that disturb one acre or more, including projects
that disturb less than one acre that are part of a larger common plan of
development or sale.
2. Ordinance or other regulatory mechanism is in place or planned which will
regulate discharges from new development and redevelopment projects.
3. Establish, implement, and enforce a requirement that owners or operators of new
development and redeveloped sites design, install, implement, and maintain a
combination of structural and non-structural BMPs appropriate for the
community and that protects water quality.
4. Document and maintain records of enforcement actions.
5. Long-term operation and maintenance of post construction stormwater control
measures is addressed.
6. Operation and maintenance is documented.
Additional Requirements for Level 4 small MS4s:
1. Develop and implement an inspection program to ensure that all post
construction stormwater control measures are operating correctly and are being
maintained.
2. Inspections are documented.
SWMP lists BMPs used to fulfill this MCM. Examples may include:
x Local ordinance in place or planned
x Guidance document for developers to utilize
x Specific BMPs established for particular watersheds
x List of appropriate BMPs provided to operators
x Elimination of curbs and gutters is encouraged
x Zoning takes into account stormwater issues
x Incentives for use of permeable choices, such as porous pavement
x Requirements for wet ponds or other BMPs for certain size sites
x Xeriscaping
SWMP includes measurable goals, and the method of measurement, for addressing
stormwater quality.
SWMP has been fully implemented, or includes a schedule of implementation not to
exceed five (5) years from permit issuance date.
15-17
17
17
17, 24
17
17
n/a
17
17
17
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MCM 5: Pollution Prevention and Good Housekeeping for Municipal Operations
Page # (s) – Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
Requirements for all MS4s:
1. An operation and maintenance (O&M) program, including an employee training
component, in place or scheduled, to reduce/prevent pollution from municipal
activities and municipally owned areas included but not limited to park and open
space maintenance; street, road, or highway maintenance; fleet and building
maintenance; stormwater system maintenance; new construction and land
disturbances; municipal parking lots; vehicle and equipment maintenance and
storage yards; waste transfer stations; and salt/sand storage locations.
2. Develop and maintain an inventory of the MS4’s facilities and stormwater
controls.
3. Inform or train staff involved in good housekeeping practices.
4. Waste from the MS4 is removed and properly disposed.
5. Contractors hired by the MS4 must be required to comply with operating
procedures.
a. MS4 develop contractor oversight procedures.
6. MS4 evaluates O&M activities for their potential to discharge pollutants in
stormwater for road and parking lot maintenance, bridge maintenance, cold
weather operations, and right-of-way maintenance etc.
a. MS4 identifies pollutants of concern that could be discharged from the
O&M activities.
b. MS4s develop and implement pollution prevention measures that will
reduce discharge of pollutants from O&M activities.
c. MS4s inspects pollution prevention measures at MS4 facilities.
7. MS4 maintains structural controls.
Additional requirements for Level 3 and 4 small MS4s:
1. Storm sewer system O&M.
a. MS4 develops and implements an O&M program to reduce the collection
of pollutants in catch basins and other surface structures.
b. MS4 develops a list of potential problem areas for increased inspection
(for example, areas with recurrent illegal dumping).
2. Implement an O&M program to reduce discharge of pollutants from roads that
might include a street sweeping and cleaning program, or inlet protection. The
program includes an implementation schedule and a waste disposal procedure.
3. MS4 map identify MS4 facilities and stormwater controls.
4. MS4 assess its facilities for their potential to discharge pollutants into
stormwater.
a. The MS4 identifies high priority facilities that have a high potential to
generate stormwater pollutants. At a minimum, facilities include the
MS4s maintenance yards, hazardous waste facilities, fuel storage
locations, and any other facilities at which chemicals or other materials
have a high potential to be discharge in stormwater.
b. The MS4 documents the result of the assessments.
5. The MS4 develops stormwater management Standard Operation Procedures for
high priority facilities.
6. The MS4 implements stormwater controls at high priority facilities that address:
a. Good housekeeping
18-23
22-23
22-23
23
22
22-23
22-23
n/a
n/a
n/a
n/a
n/a
n/a
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b. De-icing and anti-icing storage
c. Fueling operations and vehicle maintenance
d. Equipment and vehicle washing
7. The MS4 develops and implements an inspection program that includes high
priority facilities.
Additional requirements for Level 4 small MS4s:
MS4 has an application and management program for pesticides, herbicides, and
fertilizers that address:
a. Evaluating materials and activities used at public open spaces.
b. Implementing the following practices to minimize generating pollutants
related to landscaping.
i. Education for applicators and distributers
ii. Encouragement of non-chemical solutions for pest management
c. Development of schedules that minimizes discharge of pollutants.
d. Ensuring collection and proper disposal of unused pesticides, herbicides,
and fertilizers.
SWMP lists BMPs used to fulfill this MCM. Examples may include:
x BMPs which address fleet vehicle maintenance/washing
x BMPs which address parking lot and street cleaning
x Catch basin and storm drain system cleaning
x Landscaping and lawn care (e.g. xeriscaping)
x Waste materials management
x Road salt application and storage practices
x Used oil recycling
x Pest management practices
x Fire training facilities
x BMPs which address roadway and bridge maintenance
x Golf course maintenance/waste disposal
x Disposal of cigarette butts
x Park maintenance (e.g., providing trash bags)
SWMP includes measurable goals, and the method of measurement, for addressing
stormwater quality.
SWMP has been fully implemented, or includes a schedule of implementation not to
exceed five (5) years from permit issuance date.
MCM 6: Industrial Stormwater Sources
Page # (s) – Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
Requirements for Level 4 MS4 only:
Program to identify and control industrial stormwater sources that at least includes:
a. MS4 landfills, other treatment, storage, or disposal facilities for municipal
waste, hazardous waste treatment, storage, disposal and recovery facilities
and facilities that are subject to Emergency Planning and Community Right-
to-Know Act (EPCRA).
b. Priorities and procedures for inspections and for implementing control
measures for such discharges.
n/a
n/a
n/a
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Optional 7th MCM: Municipal Construction Activities (only available within the regulated area
where the MS4 operator meets the definition of construction site operator)
Page # (s) – Provide the page number (s) to the left of each item.
If this MCM is applicable, the SWMP includes the following information:
1. Description of how construction activities will generally be conducted so as to
take into consideration local conditions of weather, soils, and other site specific
considerations.
2. Description of the area that this MCM will address and where the MS4 operator’s
construction activities are covered (e.g. within the boundary of the urbanized
area, the corporate boundary, a special district boundary, an extra territorial
jurisdiction, or other similar jurisdictional boundary).
3. If the area included in this MCM includes areas outside of the UA, then all MCMs
will be implemented over those additional areas as well.
4. Description provided for one of the following:
a.How contractor activities will be supervised or overseen to ensure that the
Stormwater Pollution Prevention Plan (SWP3) requirements are properly
implemented at the construction site(s); or
b.How the MS4 operator will make certain that contractors have a separate
authorization for stormwater discharges if needed.
5. General description of how a construction SWP3 will be developed for each
construction site.
6. Records of municipal construction activities authorized under this optional
MCM.
n/a
n/a
n/a
n/a
n/a
n/a
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Notice of Intent (NOI) for Stormwater Discharges from Small
Municipal Separate Storm Sewer Systems (MS4) under the
TPDES Phase II MS4 General Permit (TXR040000)
General Information and Instructions
GENERAL INFORMATION
Where to Send the Notice of Intent (NOI):
BY REGULAR U.S. MAIL:
Texas Commission on Environmental Quality
Applications Review and Processing Team
(MC-148)
P.O. Box 13087
Austin, Texas 78711-3087
BY OVERNIGHT/EXPRESS MAIL:
Texas Commission on Environmental Quality
Applications Review and Processing Team
(MC-148)
12100 Park 35 Circle
Austin, TX 78753
TCEQ Contact List:
Small Business and Local Government Assistance 800/447-2827
Application – status and form questions: 512/239-4671
Technical questions: 512/239-4671
Environmental Law Division: 512/239-0600
Records Management - obtain copies of forms: 512/239-0900
Reports from databases (as available): 512/239-DATA (3282)
Cashier’s office: 512/239-0357 or 512/239-0187
Notice of Intent Process:
When your NOI and SWMP is received by the program, the form will be processed as follows:
1)Administrative Review: Each item on the form will be reviewed for a complete response.
In addition, the operator’s legal name must be verified with Texas Secretary of State as valid
and active (if applicable). The address(s) on the form must be verified with the US Postal
service as receiving regular mail delivery. Never give an overnight/express mailing address.
An application will not be declared administratively complete or approved if delinquent fees
and/or penalties of $25 or more are owed to the TCEQ. All such fees must be paid prior to
approval of the NOI.
2)Notice of Deficiency: If an item is incomplete or not verifiable as indicated above, a
notice of deficiency (NOD) will be mailed to the operator. The operator will have 30 days to
respond to the NOD. The response will be reviewed for completeness.
3)Technical Review of SWMP: More information may be requested by phone or technical
NOD letter mailed to the SWMP contact. The executive director’s preliminary
determination on the NOI and SWMP will be prepared and filed with the TCEQ Chief Clerk.
4)Public Participation Process: The TCEQ Chief Clerk will mail written instructions for
publishing the executive director’s preliminary determination on the NOI and SWMP at
least once in the newspaper of general circulation in the county where the small MS4 is
located. If applicable, a public meeting may be held.
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5)Acknowledgment of Coverage: An Acknowledgment Certificate will be mailed to the
operator. This certificate acknowledges coverage under the general permit.
-or-
Denial of Coverage: Coverage may be denied if the operator fails to respond to the NOD,
the response is inadequate, or find the NOI and SWMP do not meet the requirements of this
general permit. If coverage is denied, the operator will be notified.
General Permit
Coverage under the general permit begins upon approval of the NOI and the SWMP by TCEQ
and after the public notice process has been completed. You should have a copy of the general
permit when submitting your application. You may view and print the permit for which you are
seeking coverage, on the TCEQ web site http://www.tceq.texas.gov. Search using key word
TXR040000.
General Permit Forms
The Notice of Intent (NOI), Notice of Termination (NOT), and Notice of Change (NOC)
(including instructions) are available in Adobe Acrobat PDF format on the TCEQ web site
http://www.tceq.texas.gov.
Change in Operator
An authorization under the general permit is not transferable. If the operator of the regulated
entity changes, the present permittee must submit a Notice of Termination and the new
operator must submit a Notice of Intent. The NOT and NOI must be submitted concurrently not
more than ten (10) calendar days after the change occurs.
TCEQ Central Registry Core Data Form
The Core Data Form has been incorporated into this form. Do not send a Core Data Form to
TCEQ. After final acknowledgment of coverage under the general permit, the program will
assign a Customer Number and Regulated Entity Number.
You can find the information on the Central Registry web site at
http://www15.tceq.texas.gov/crpub/ . You can search by the Regulated Entity (RN), Customer
Number (CN) or Name (Permittee), or by your authorization number under the search field
labeled Additional ID. Capitalize all letters in the authorization number.
The Customer (Permittee) is responsible for providing consistent information to the TCEQ, and
for updating all CN and RN data for all authorizations as changes occur. For General Permits, a
Notice of Change form must be submitted to the program area.
Fees associated with a General Permit
Payment of the fee may be made by check or money order, payable to TCEQ, or through EPAY
(electronic payment through the web).
Application Fee: This fee is required to be paid at the time the NOI is submitted. Failure to
submit payment at the time the application is filed will cause delays in acknowledgment or
denial of coverage under the general permit.
Mailed Payments:
Payment must be mailed under separate cover at one of the addresses below using the
attached Application Fee submittal form. (DO NOT SEND A COPY OF THE NOI WITH
THE APPLICATION FEE SUBMITTAL FORM)
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BY REGULAR U.S. MAIL BY OVERNIGHT/EXPRESS MAIL
Texas Commission on Environmental Quality Texas Commission on Environmental Quality
Financial Administration Division Financial Administration Division
Cashier’s Office, MC-214 Cashier’s Office, MC-214
P.O. Box 13088 12100 Park 35 Circles
Austin, TX 78711-3088 Austin, TX 78753
ePAY Electronic Payment: http://www.tceq.texas.gov/epay
When making the payment you must select Water Quality, and then select the fee category
“General Permit MS4 Phase II Stormwater Discharge NOI Application”. You must include
a copy of the payment voucher with your NOI. Your NOI will not be considered complete
without the payment voucher.
Annual Water Quality Fee: This fee is assessed to permittees with an active
authorization under the general permit on September 1 of each year. The designated billing
contact will receive an invoice for payment of the annual fee in December of each year. The
payment will be due 30 days from the invoice date. A 5% penalty will be assessed if the payment
is received by TCEQ after the due date. Annual fee assessments cannot be waived as long as the
authorization under the general permit is active on September 1.
It’s important for the permittees to submit a Notice of Termination (NOT) when coverage under
the general permit is no longer required. A NOT is effective on the postmarked date of mailing
the form to TCEQ. It is recommended that the NOT be mailed using a method that documents
the date mailed and received by TCEQ.
Mailed Payments:
You must return your payment with the billing coupon provided with the billing statement.
ePAY Electronic Payment: http://www.tceq.texas.gov/epay
You must enter your account number provided at the top portion of your billing statement.
Payment methods include American Express, MasterCard, Visa, and electronic check
payment (ACH).
INSTRUCTIONS FOR FILLING OUT THE NOI FORM
Renewal of General Permit: Dischargers holding active authorizations under the expired
General Permit are required to submit a NOI to continue coverage. The existing authorization
number is required. If the authorization number is not provided or has been terminated,
expired, or denied a new permit number will be issued.
1) OPERATOR (Applicant)
a) Enter assigned Customer Number (CN)
TCEQ’s Central Registry will assign each customer a number that begins with CN, followed by
nine digits. This is not an authorization number, registration number, or license
number.
If this customer has not been assigned a CN, leave the space for the CN blank. If this customer
has already been assigned this number, enter the permittee’s CN.
b) Legal Name
Provide the current legal name of the permittee.
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c) Operator Contact Information
Provide the first and last name, and the title of the Operator (Applicant) Contact.
Provide a complete mailing address for receiving mail from the TCEQ. The address must be
verifiable with the US Postal Service at http://www.usps.com for regular mail delivery (not
overnight express mail). If you find that the address is not verifiable using the USPS web search,
please indicate the address is used by the USPS for regular mail delivery.
The area code and phone number should provide contact to the operator. Leave Extension
blank if not applicable.
The fax number and e-mail address are optional and should correspond to the operator.
d) Type of Customer (Entity Type)
Check only one box that identifies the type of entity. Use the descriptions below to identify the
appropriate entity type. Note that the selected entity type also indicates the name that must be
provided as an applicant for a permit, registration or authorization.
Government
Federal, state, county, or city government (as appropriate)
The customer is either an agency of one of these levels of government or the
governmental body itself. The government agency’s ‘legal name’ must be provided as the
applicant. A department name or other description of the organization should not be
included as a part of the ‘legal name’ as applicant.
Other Government
A utility district, water district, tribal government, college district, council of
governments, or river authority. Write in the specific type of government.
e) Number of Employees
Check one box to show the number of employees for this customer’s entire company, at all
locations. This is not necessarily the number of employees at the site named in the application.
2) ANNUAL BILLING CONTACT
An annual fee is assessed to each operator holding an active authorization under the general
permit on September 1 of each year. Provide the complete mailing address where the annual fee
invoice should be mailed. Verify the address with the USPS. It must be an address for delivery
of regular mail, not overnight express mail. Also, provide a phone number of the operator’s
representative responsible for payment of the invoice.
3) APPLICATION CONTACT
Provide the name, title, and contact information of the person that TCEQ can contact for
additional information regarding this application. This contact may be a consultant or entity
other than the applicant.
4) REGULATED ENTITY (RE) INFORMATION ON PROJECT OR SITE
a) Regulated Entity Reference Number (RN)
A number issued by TCEQ’s Central Registry to sites (a location where a regulated activity
occurs) regulated by TCEQ. This is not an authorization number, registration number, or
license number. If this regulated entity has not been assigned an RN, leave this space blank.
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If the site of your business is part of a larger business site, a Regulated Entity Number (RN) may
already be assigned for the larger site. Use the RN assigned for the larger site. Search TCEQ’s
Central Registry to see if the larger site may already be registered as a regulated site at:
http://www.tceq.texas.gov/goto/cr-searchrn
If the site is found, provide the assigned Regulated Entity Reference Number (RN) and provide
the information for the site to be authorized through this application. The site information for
this authorization may vary from the larger site information.
An example is a chemical plant where a unit is owned or operated by a separate corporation that
is accessible by the same physical address of your unit or facility. Other examples include
industrial parks identified by one common address but different corporations have control of
defined areas within the site. In both cases, an RN would be assigned for the physical address
location and the permitted sites would be identified separately under the same RN.
b) Site/Project Name/Regulated Entity
Provide the name of the site as known by the public in the area where the site is located. The
name you provide on this application will be used in the TCEQ Central Registry as the Regulated
Entity name.
c) Describe the boundaries of the regulated portion of the small MS4.
In your own words, briefly describe the boundaries of the regulated portion of the small MS4.
Do not repeat the SIC Code description.
d)Provide the city where the largest residential population exists within the regulated MS4
boundaries. If there is no city within the boundaries of the MS4, provide the name of the
nearest city.
e)Provide the ZIP code where the largest residential population exists within the regulated
MS4 boundaries.
f) County
Identify the county or counties in which the regulated entity is located.
g) Latitude and Longitude
Enter the latitude and longitude of the site in degrees, minutes, and seconds or decimal form.
For help obtaining the latitude and longitude, go to:
http://www.tceq.texas.gov/gis/sqmaview.html or http://nationalmap.gov/ustopo
5) GENERAL CHARACTERISTICS
a) Indian Country Lands
If your site is located on Indian Country Lands, the TCEQ does not have authority to process
your application. You must obtain authorization through EPA, Region 6, Dallas. Do not submit
this form to TCEQ.
Indian Country means (1) all land within the limits of any American Indian reservation under
the jurisdiction of the U.S. government, notwithstanding the issuance of any patent, and
including rights-of-way running throughout the reservation; (2) all dependent Indian
communities within the borders of the United States whether within the original or
subsequently acquired territory thereof, and whether within or outside the limits of a State; and
(3) all Indian allotments, the Indian titles which have not been extinguished, including rights-
of-way running through the same.
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Indian Tribe means any Indian Tribe, band, nation, or community recognized by the Secretary
of the Interior and exercising substantial governmental duties and powers.
b) Standard Industrial Classification (SIC) code
Provide the SIC code that best describes the operator’s primary business. Common SIC Codes
are provided below. For help with SIC codes, go to: www.osha.gov/oshstats/sicser.html
9111 - Executive offices (such as for a city, county, ect.)
8221 - Colleges, Universities, and Professional Schools
8222 - Junior Colleges and Technical Institutes
9621 - Regulation and Administration of Transportation Programs
4111 - Local and Suburban Transit
4952 - Sewerage Systems
4971 - Irrigation Systems
9223 - Correctional Institutions
9511 - Air and Water Resource and Solid Waste Management (including flood control,
drainage development, etc.)
c) Category or level of the MS4
The general permit defines MS4s by four different categories or levels, based on the population
served within the 2010 UA. “Population served” means the residential population within the
regulated portion of the small MS4 based on the 2010 Census, except for non-traditional small
MS4s.
A reference map identifying the 2010 Census UAs can be found at
www.epa.gov/npdes/stormwater/urbanmaps
d) TCEQ “Designated” small MS4
A small MS4 that is outside of urbanized area that is “designated” by TCEQ is eligible for
coverage under this general permit. The small MS4 Operator must obtain authorization under
this general permit or apply for coverage under an individual TPDES stormwater permit within
180 days of notification of their designation.
Information about urbanized areas (UAs) and a link to the UA maps are found on the EPAs
website at: http://cfpub1.epa.gov/npdes/stormwater/urbanmaps.cfm
e) Annual Reporting Year
The annual report must address the previous reporting year. The selected reporting year cannot
be changed during the permit year.
1. The first reporting year begins on the permit effective date (December 13, 2013) and lasts
for a period of one (1) year.
2. If the MS4 selects the fiscal year, the first reporting year will last until the end of the
fiscal year following the end of the first permit year.
3. If the MS4 selects the calendar year then the first reporting year will last until December
31, 2014.
f) SWMP
1. The NOI must include the SWMP when submitted to TCEQ for processing, and the
Operator is required to certify the SWMP has been developed according to the general
permit. Also, the SWMP Cover Sheet must be completed and placed to the front of the
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SWMP. When completing the SWMP Cover Sheet, be sure to enter the page number
and/or page range for each item under an MCM.
2. The general permit requires the name, address, phone number and fax number of the
designated person responsible for implementing and coordinating implementation of the
SWMP. All information is required with an exception of email, however, this
information is desired.
Changes to the SWMP may require TCEQ approval. Changes must be submitted by Notice
of Change to the same address as the NOI. Notice of Change will either be automatically
approved or additional information may be request before approval.
g) 7
th Minimum Control Measure (MCM)
1. Indicate if the municipality is seeking coverage under this general permit for municipal
construction activities where the municipality meets the definition of “construction site
operator”.
2. If authorization for municipal construction activities is proposed in this NOI the
developed MCM must be included with the SWMP and the NOI must include a
description of the boundaries covered in the MCM. The area included for this MCM
must include only the regulated MS4 area; or it may include additional areas of the MS4
if all other MCMs are implemented over the additional area as well.
This coverage may be obtained after the original NOI is approved. This may be
accomplished by submitting a Notice of Change that includes the developed MCM and a
description of the proposed municipal construction activity boundaries addressed in the
MCM.If the MS4 operator proposes to include additional areas outside of the regulated
MS4, then the Notice of Change must also indicate that the MS4 operator will
implement the entire SWMP over the additional areas.
3. If the discharge or potential discharge from regulated construction activities is within
the Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone
of the Edwards Aquifer, then additional requirements may exist under the Edwards
Aquifer Protection Program (30 TAC Chapter 213). For construction activities that will
be regulated under TXR040000, the approved Contributing Zone Plan or Water
Pollution Abatement Plan must be included or referenced as part of the construction
site stormwater pollution prevention plan. For other activities regulated under 30 TAC
Chapter 213, information must be included in the SWMP. Compliance with any
Edwards Aquifer requirements is required in addition to the requirements of this
general permit.
h) Discharge Information
1. The stormwater may be discharged directly to a receiving stream or through another
MS4* from your MS4. It eventually reaches a receiving water body such as a local
stream or lake, possibly via a drainage ditch. You must provide the name of the surface
water body that receives the discharge from the site (a local stream or lake). Please note
that this general permit does not grant permission to use another MS4 as a conveyance
of stormwater and certain non-storm water discharges along the discharge route.
2. Identify the classified segment number(s) receiving a discharge directly or indirectly.
Go to the link below to find the segment number of the classified water body where
wastewater would flow: www.tceq.texas.gov/publications/gi/gi-316
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3. Identify any surface water bodies receiving discharges from the small MS4 that are on
the latest EPA-approved CWA § 303(d) list of impaired waters or the Texas Integrated
Report of Surface Water Quality for CWA Sections 305(b) and 303(d).
The EPA approved CWA 303(d) list of impaired waters and Texas Integrated Report of
Surface Water Quality for CWA Section 305(b) and 303(d) can be found at:
http://www.tceq.texas.gov/waterquality/assessment/305_303.html
4. Identify the MS4* Operator name if the stormwater discharge is into an MS4.
*MS4 is an acronym for Municipal separate storm sewer system. MS4 is defined as
a separate storm sewer system owned or operated by a state, city, town, county, district,
association, or other public body (created by or pursuant to state law) having jurisdiction over
disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts
under state law such as a sewer district, flood control or drainage district, or similar entity, or an
Indian tribe or an authorized Indian tribal organization, that discharges to water in the state.
For assistance, you may call the technical staff of the Water Quality Assessment & Standards
Section at 512/239-4671.
i) Edwards Aquifer Rule
See maps on the TCEQ website to determine if the site is located within the Recharge Zone,
Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards Aquifer at
http://www.tceq.texas.gov/field/eapp/viewer.html
If the discharge or potential discharge is within the Recharge Zone, Contributing Zone, or
Contributing Zone within the Transition Zone of the Edwards Aquifer, then additional
requirements may exist under the Edwards Aquifer Protection Program (30 TAC Chapter 213).
For activities regulated under 30 TAC Chapter 213, any required plans must be included in the
SWMP. Compliance with any Edwards Aquifer requirements is required in addition to the
requirements of this general permit.
j) Public Participation
The applicant must indicate on the NOI that it will comply with the public participation
requirements described in Part II.D.12 of the general permit. The person responsible for
receiving the information from the TCEQ Chief Clerk for publishing in the newspaper must be
identified and all contact information must be provided.
After review of the NOI and SWMP is completed, the Office of Chief Clerk will mail the
Executive Director’s preliminary determination to the contact provided in the NOI for
publishing in the newspaper of largest circulation in the county of the small MS4.
The comment period begins on the first date the notice is published and ends 30 days later,
unless a public meeting is held. If a public meeting is held it will end at the closing of the public
meeting.
The applicant must file with the Chief Clerk a copy and an affidavit of the publication of
notice(s) within 60 days of receiving the written instructions from the Office of Chief Clerk.
If significant public interest exists, the executive director will direct the applicant to publish
notice of the meeting and to hold the public meeting. The applicant must publish the notice of
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public meeting at least 30 days prior to the public meeting and hold the meeting in the county
where the MS4 is located.
6) CERTIFICATIONS
Failure to indicate Yes to ALL of the certification items may result in denial of coverage under
the general permit.
Operator Certification:
The certification must bear an original signature of a person meeting the signatory requirements
specified under 30 Texas Administrative Code (TAC) §305.44.
IF YOU ARE A CORPORATION:
The regulation that controls who may sign an NOI or similar form is 30 Texas Administrative
Code §305.44(a)(1) (see below). According to this code provision, any corporate representative
may sign an NOI or similar form so long as the authority to sign such a document has been
delegated to that person in accordance with corporate procedures. By signing the NOI or similar
form, you are certifying that such authority has been delegated to you. The TCEQ may request
documentation evidencing such authority.
IF YOU ARE A MUNICIPALITY OR OTHER GOVERNMENT ENTITY:
The regulation that controls who may sign an NOI or similar form is 30 Texas Administrative
Code §305.44(a)(3) (see below). According to this code provision, only a ranking elected official
or principal executive officer may sign an NOI or similar form. Persons such as the City Mayor
or County Commissioner will be considered ranking elected officials. In order to identify the
principal executive officer of your government entity, it may be beneficial to consult your city
charter, county or city ordinances, or the Texas statute(s) under which your government entity
was formed. An NOI or similar document that is signed by a government official who is not a
ranking elected official or principal executive officer does not conform to §305.44(a)(3). The
signatory requirement may not be delegated to a government representative other than those
identified in the regulation. By signing the NOI or similar form, you are certifying that you are
either a ranking elected official or principal executive officer as required by the administrative
code. Documentation demonstrating your position as a ranking elected official or principal
executive officer may be requested by the TCEQ.
If you have any questions or need additional information concerning the signatory requirements
discussed above, please contact the Texas Commission on Environmental Quality’s
Environmental Law Division at (512)239-0600.
30 Texas Administrative Code
§305.44. Signatories to Applications
(a) All applications shall be signed as follows.
(1) For a corporation, the application shall be signed by a responsible corporate
officer. For purposes of this paragraph, a responsible corporate officer means a president,
secretary, treasurer, or vice-president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decision-making functions for the
corporation; or the manager of one or more manufacturing, production, or operating facilities
employing more than 250 persons or having gross annual sales or expenditures exceeding $25
million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures. Corporate procedures
governing authority to sign permit or post-closure order applications may provide for
assignment or delegation to applicable corporate positions rather than to specific individuals.
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(2) For a partnership or sole proprietorship, the application shall be signed by a
general partner or the proprietor, respectively.
(3) For a municipality, state, federal, or other public agency, the application shall
be signed by either a principal executive officer or a ranking elected official. For purposes of this
paragraph, a principal executive officer of a federal agency includes the chief executive officer of
the agency, or a senior executive officer having responsibility for the overall operations of a
principal geographic unit of the agency (e.g., regional administrator of the EPA).
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TCEQ-20134 (04/13/2006) Page 1
Texas Commission on Environmental Quality
General Permit Payment Submittal Form
Use this form to submit your Application Fee only if you are mailing your payment.
x Complete items 1 through 5 below:
x Staple your check in the space provided at the bottom of this document.
x Do not mail this form with your NOI form.
x Do not mail this form to the same address as your NOI.
Mail this form and your check to:
BY REGULAR U.S. MAIL
Texas Commission on Environmental
Quality
Financial Administration Division
Cashier’s Office, MC-214
P.O. Box 13088
Austin, TX 78711-3088
BY OVERNIGHT/EXPRESS MAIL
Texas Commission on Environmental
Quality
Financial Administration Division
Cashier’s Office, MC-214
12100 Park 35 Circle
Austin, TX 78753
Fee Code: GPA General Permit: TXR040000
1.Check / Money Order No:
2.Amount of Check/Money Order:
3.Date of Check or Money Order:
4.Name on Check or Money Order:
5. NOI INFORMATION
If the check is for more than one NOI, list each Project/Site (RE) Name and Physical
Address exactly as provided on the NOI. DO NOT SUBMIT A COPY OF THE NOI WITH
THIS FORM AS IT COULD CAUSE DUPLICATE PERMIT ENTRIES.
See Attached List of Sites (If more space is needed, you may attach a list.)
Project/Site (RE) Name:
Project/Site (RE) Physical Address:
Staple Check in This Space
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APPENDIX C ANNUAL REPORT FORMS
To be developed after public input using TCEQ Template
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APPENDIX D COMMON USED ACRONYMS
BMP Best Management Practice
CFR Code of Federal Regulations
CGP Construction General Permit, TXR150000
CWA Clean Water Act
EPA Environmental Protection Agency
FR Federal Register
MCM Minimum Control Measure
MSGP Multi-Sector General Permit, TXR050000
MS4 Municipal Separate Storm Sewer System
NOC Notice of Change
NOI Notice of Intent
NOT Notice of Termination (to terminate coverage under a general permit)
NPDES National Pollutant Discharge Elimination System
SWMP Stormwater Management Program
SWP3, SWPPP Stormwater Pollution Prevention Plan
TAC Texas Administrative Code
TCEQ Texas Commission on Environmental Quality
TPDES Texas Pollutant Discharge Elimination System
TWC Texas Water Code
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APPENDIX E GLOSSARY
Arid Areas - Areas with an average annual rainfall of less than ten (10) inches.
Best Management Practices (BMPs) - Schedules of activities, prohibitions of practices, maintenance procedures, structural
controls, local ordinances, and other management practices to prevent or reduce the discharge of pollutants. BMPs also include
treatment requirements, operating procedures, and practices to control runoff, spills or leaks, waste disposal, or drainage from
raw material storage areas.
Catch basins - Storm drain inlets and curb inlets to teh storm drain system. catch basins typically include a grate or curb inlet
that may accumulate sediment, debris, and other pollutants.
Classified Segment - A water body that is listed and described in Appendix A or Appendix C of the Texas Surface Water
Quality Standards, at 30 TAC § 307.10.
Clean Water Act (CWA)- The Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of
1972, Pub.L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483 and Pub. L. 97-117, 33 U.S.C. 1251 et. seq.
Common Plan of Development or Sale - A construction activity that is completed in separate stages, separate phases, or
in combination with other construction activities. A common plan of development or sale is identified by the documentation for the
construction project that identifies the scope of the project, and may include plats, blueprints, marketing plans, contracts, building
permits, a public notice or hearing, zoning requests, or other similar documentation and activities.
Construction Activity - Soil disturbance, including clearing, grading, and excavating; and not including routine maintenance
that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site (e.g., the routine
grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right-of-ways, and similar
maintenance activities). Regulated construction activity is defined in terms of small and large construction activity.
Small Construction Activity is construction activity that results in land disturbance of equal to or greater than one (1)
acre and less than five (5) acres of land. Small construction activity also includes the disturbance of less than one (1) acre
of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb
equal to or greater than one (1) and less than five (5) acres of land.
Large Construction Activity is construction activity that results in land disturbance of equal to or greater than five (5)
acres of land. Large construction activity also includes the disturbance of less than five (5) acres of total land area that is
part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than
five (5) acres of land.
Construction Site Operator - The person or persons associated with a small or large construction project that meet(s) either
of the following two criteria:
(a) The person or persons that have operational control over construction plans and specifications (including approval of
revisions) to the extent necessary to meet the requirements and conditions of this general permit; or
(b) The person or persons that have day-to-day operational control of those activities at a construction site that are
necessary to ensure compliance with a stormwater pollutio prevention plan for the site or other permit conditions (for
example they are authorized to direct workers at a site to carry out activities required by the Stormwater Pollution
Prevention Plan or comply with other permit conditions).
Control Measure - Any BMP or other method (including effluent limitations) used to prevent or reduce the discharge of
pollutants to water in the state.
Conveyance - Curbs, gutters, man-made channels and ditches, drains, pipes, and other constructed features designed or used
for flood control or to otherwise transport stormwater runoff.
Discharge – When used without a qualifier, refers to the discharge of stormwater runoff or certain non-stormwater discharges
as allowed under the authorization of this general permit.
Final Stabilization - A construction site where either of the following conditions are met:
(a) All soil disturbing activities at the site have been completed and a uniform (for example, evenly distributed, without large
bare areas) perennial vegetative cover with a density of 70 per cent of the native background vegetative cover for the
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area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent
permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed.
(b) For individual lots in a residential construction site by either:
(1) The homebuilder completing final stabilization as specified in condition (a) above; or
(2) The homebuilder establishing temporary stabilization for an individual lot prior to the time of transfer of the
ownership of the home to the buyer and after informing the homeowner of the need for, and benefits of, final
stabilization.
(c) For construction activities on land used for agricultural purposes (for example pipelines across crop or range land), final
stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed
that were not previously used for agricultural activities, such as buffer stripsimmediately adjacent to a surface water and
areas which are not being returned to their preconstruction agricultural use must meet the final stabilization conditions of
condition (a) above.
General Permit - A permit issued to authorize the discharge of waste into or adjacent to water in the state for one or more
categories of waste discharge within a geographical area of the state or the entire state as provided by Texas Water Code
§26.040.
Groundwater Infiltration - For the purposes of this permit, groundwater that enters a municipal separate storm sewer system
(including sewer service connections and foundation drains) through such means as defective pipes, pipe joints, connections, or
manholes.
Hyperchlorinated Water - Water resulting from hyperchlorination of waterlines or vessels, with a chlorine concentration
greater than 10 miligrams per liter (mg/L).
Illicit Connection - Any man-made conveyance connecting an illicit discharge directly to a municipal separate storm sewer.
Illicit Discharge - Any discharge to a municipal separate storm sewer that is not entirely composed of stormwater, except
discharges pursuant to this general permit or a separate authorization and discharges resulting from emergency fire fighting
activities.
Impaired Water - A surface water body that is identified on the latest approved Clean Water Act §303(d) List as not meeting
applicable state water quality standards. Impaired waters include waters with approved or established total maximum daily loads
(TMDLs), and those where a TMDL has been proposed by TCEQ but has not yet been approved or established.
Indicator Pollutant - An easily measured pollutant, that may or may not impact water quality that indicates the presence of
other stormwater pollutants.
Industrial Activity - Any of the ten (10) categories of industrial activities included in the definition of “stormwater discharges
associated with industrial activity” as defined in 40 CFR §122.26(b)(14)(i)-(ix) and (xi).
Major Outfall - means a municipal separate storm sewer outfall that discharges from a single pipe with an inside diameter of 36
inches or more or its equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage
area of more than 50 acres); or for municipal separate storm sewers that receive stormwater from lands zoned for industrial
activity (based on comprehensive zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside
diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of
2 acres or more).
Maximum Extent Practicable (MEP)- The technology-based discharge standard for municipal separate storm sewer
systems (MS4s) to reduce pollutants in stormwater discharges that was established by the CWA § 402(p). A discussion of MEP
as it applies to small MS4s is found in 40 CFR § 122.34.
MS4 Operator - For the purpose of this permit, the public entity or the entity contracted by the public entity, responsible for
management and operation of the small municipal separate storm sewer system that is subject to the terms of this general
permit.
Municipal Separate Storm Sewer System (MS4)- A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
(a)Owned or operated by the United States, a state, city, town, borough, county, parish, district, association, or other public
body (created by or pursuant to state law) having jurisdiction over the disposal of sewage, industrial wastes, stormwater,
or other wastes, including special districts under state law such as a sewer district, flood control district or drainage
district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved
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management agency under the CWA §208 that discharges to surface water in the state;
(b)That is designed or used for collecting or conveying stormwater;
(c)That is not a combined sewer; and
(d)That is not part of a publicly owned treatment works (POTW) as defined in 40 CFR §122.2.
Non-traditional MS4 - A MS4 that often cannot pass ordinances nor have the enforcement authority like a typical MS4 to
enforce the stormwater management program. Examples of non- traditional MS4s include counties, Department of
Transportation (DOT), municipal utility districts, military bases, prisons or universities.
Notice of Change (NOC)- A written notification from the permittee to the executive director providing changes to information
that was previously provided to the agency in a notice of intent.
Notice of Intent (NOI)- A written submission to the executive director from an applicant requesting coverage under this
general permit.
Notice of Termination (NOT)- A written submission to the executive director from a permittee authorized under a general
permit requesting termination of coverage under this general permit.
Outfall - A point source at the point where a small MS4 discharges to waters of the United States (U.S.) and does not include
open conveyances connecting two municipal separate storm sewers, or pipes, tunnels, or other conveyances that connect
segments of the same stream or other waters of the U.S. and are used to convey waters of the U.S. For the purpose of this
permit, sheet flow leaving a linear transportation system without channelization is not considered an outfall. Point sources such
as curb cuts; traffic or right-of-way barriers with drainage slots that drain into open culverts, openswales or an adjacenet
property, or otherwise not actually discharging into waters of the U.S. are not considered an outfall.
Permittee - The MS4 operator authorized under this general permit.
Point Source - (from 40 CFR § 122.22) any discernible, confined, and discrete conveyance, including but not limited to, any
pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill
leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not
include return flows from irrigated agriculture or agricultural stormwater runoff.
Pollutant(s) of Concern – For the purpose of this permit, includes biochemical oxygen demand (BOD), sediment or a
parameter that addresses sediment (such as total suspended solids (TSS), turbidity or siltation), pathogens, oil and grease, an d
any pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from an MS4.
(Definition from 40 CFR § 122.32(e)(3)).
Redevelopment - Alterations of a property that changed the ”footprint” of a site or building in such a way that there is a
disturbance of equal to or greater than one (1) acre of land. This term does not include such activities as exterior remodeling.
Semiarid Areas - Areas with an average annual rainfall of at least ten (10) inches, but less than 20 inches.
Small Municipal Separate Storm Sewer System (MS4)– refers to a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
(a) Owned or operated by the United States, a state, city, town, borough, county, district, association, or other public body
(created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other
wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or
similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management
agency under ' 208 of the CWA;
(b) Designed or used for collecting or conveying stormwater;
(c) Which is not a combined sewer;
(d) Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR ' 122.2; and
(e) Which was not previously authorized under a NPDES or TPDES individual permit as a medium or large municipal
separate storm sewer system, as defined at 40 CFR §§122.26(b)(4) and (b)(7).
This term includes systems similar to separate storm sewer systems at military bases, large hospital or prison complexes, and
highways and other thoroughfares. This term does not include separate storm sewers in very discrete areas, such as individual
buildings. For the purpose of this permit, a very discrete system also includes storm drains associated with certain municipal
offices and education facilities serving a nonresidential population, where those storm drains do not function as a system, and
where the buildings are not physically interconnected to an MS4 that is also operated by that public entity. This term includes
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systems similar to separate storm sewer systems at military bases, large hospitals or prison complexes, and highways and other
thoroughfares. This term does not include separate storm sewers in very discrete areas, such as individual buildings. For the
purpose of this permit, a very discrete system also includes storm drains associated with certain municipal offices and education
facilities serving a nonresidential population, where those storm drains do not function as a system, and where the buildings are
not physically interconnected to a MS4 that is also operated by that public entity.
Stormwater and Stormwater Runoff - Rainfall runoff, snow melt runoff, and surface runoff and drainage.
Stormwater Associated with Construction Activity - Stormwater runoff from an area where there is either a large
construction activity or a small construction activity.
Stormwater Management Program (SWMP)- A comprehensive program to manage the quality of discharges from the
municipal separate storm sewer system.
Structural Control (or Practice)- A pollution prevention practice that requires the construction of a device, or the use of a
device, to capture or prevent pollution in stormwater runoff. Structural controls and practices may include but are not limited to:
wet ponds, bioretention, infiltration basins, stormwater wetlands, silt fences, earthen dikes, drainage swales, vegetative lined
ditches, vegetative filter strips, sediment traps, check dams, subsurface drains, storm drain inlet protection, rock outlet protection,
reinforced soil retaining systems, gabions, and temporary or permanent sediment basins.
Surface Water in the State - Lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries,
wetlands, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state (from the mean high water mark
(MHWM) out 10.36 miles into the Gulf), and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt,
navigable or nonnavigable, and including the beds and banks of all water courses and bodies of surface water, that are wholly or
partially inside or bordering the state or subject to the jurisdiction of the state; except that waters in treatment systems which are
authorized by state or federal law, regulation, or permit, and which are created for the purpose of waste treatment are not
considered to be water in the state.
Total Maximum Daily Load (TMDL)- The total amount of a substance that a water body can assimilate and still meet the
Texas Surface Water Quality Standards.
Traditional Small MS4 - A small MS4 that can pass ordinances and have the enforcement authority to enforce the stormwater
management program. Examples of traditional MS4s include cities.
Urbanized Area (UA)- An area of high population density that may include multiple MS4s as defined and used by the U.S.
Census Bureau in the 2000 and the 2010 Decennial census.
The Bureau of Census defines urbanized areas as “…a land area comprising one or more places – central place(s) – and
the adjacent densely settled surrounding area - urban fringe – that together have a residential population of at least
50,000 and an overall population density of at least 1,000 people per square mile”.
Waters of the United States - (According to 40 CFR § 122.2) Waters of the United States or waters of the U.S. means:
(a)All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign
commerce, including all waters which are subject to the ebb and flow of the tide;
(b)All interstate waters, including interstate wetlands;
(c)All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds that the use, degradation, or destruction of which
would affect or could affect interstate or foreign commerce including any such waters:
(1) Which are or could be used by interstate or foreign travelers for recreational or other purposes;
(2) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or
(3) Which are used or could be used for industrial purposes by industries in interstate commerce;
(d)All impoundments of waters otherwise defined as waters of the United States under this definition;
(e)Tributaries of waters identified in paragraphs (a) through (d) of this definition;
(f)The territorial sea; and
(g)Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a)
through (f) of this definition.
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Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the CWA (other than
cooling ponds as defined in 40 CFR § 423.11(m) which also meet the criteria of this definition) are not waters of the United
States. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the United
States (such as disposal area in wetlands) nor resulted from the impoundment of waters of the United States. Waters of the
United States do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converte d
cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding the CWA jurisdiction
remains with the EPA.
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APPENDIX F Allowable Non-Stormwater Discharges
The following non-stormwater sources may be discharged from the small MS4 and are not required to be addressed
in the small MS4's Illicit Discharge and Detection or other minimum control measures, unless they are determined by
the permittee or the TCEQ to be significant contributors of pollutants to the small MS4, or they are otherwise
prohibited by the MS4 operator:
1. water line flushing (excluding discharges of hyperchlorinated water, unless the water is first dechlorinated and
discharges are not expected to adversely affect aquatic life);
2. runoff or return flow from landscape irrigation, lawn irrigation, and other irrigation utilizing potable water,
groundwater, or surface water sources;
3. discharges from potable water sources that do not violate Texas Surface Water Quality Standards;
4. diverted stream flows;
5. rising ground waters and springs;
6. uncontaminated ground water infiltration;
7. uncontaminated pumped ground water;
8. foundation and footing drains;
9. air conditioning condensation;
10.water from crawl space pumps;
11.individual residential vehicle washing;
12.flows from wetlands and riparian habitats;
13.dechlorinated swimming pool discharges that do not violate Texas Surface Water Quality Standards;
14.street wash water excluding street sweeper waste water;
15.discharges or flows from fire fighting activities (fire fighting activities do not include washing of trucks, run-off
water from training activities, test water from fire suppression systems, and similar activities);
16.other allowable non-stormwater discharges listed in 40 CFR ' 122.26(d)(2)(iv)(B)(1);
17.non-stormwater discharges that are specifically listed in the TPDES Multi Sector General Permit (MSGP) TXR
050000 or the TPDES Construction General permit (CGP) TXR150000;
18.discharges that are authorized by TPDES or NPDES permit or that are not required to be permitted; and
19.other similar occasional incidental non-stormwater discharges, unless the TCEQ develops permits or
regulations addressing these discharges.
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To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – January 27, 2015
Agenda Item:
Consider and act upon an ordinance rezoning 56.5± acres, located on the west side of Teel
Parkway, 300± feet south of Fishtrap Road, amending Planned Development-40 (PD-40),
Exhibit C, Section 3., c., c. (Townhouse Uses), and d. (Residential Development Standards).
(Z14-0017).
Description of Agenda Item:
On January 13, 2015, the Town Council approved zoning case Z14-0017, by a vote of 7-0,
subject to replacing the conceptual elevations (Exhibit F) with the revised conceptual elevations
(Revised Exhibit F). 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 of Brown & Hofmeister,
L.L.P.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town staff recommends that the Town Council adopt an ordinance rezoning 56.5± acres,
located on the west side of Teel Parkway, 300± feet south of Fishtrap Road, amending Planned
Development-40 (PD-40), Exhibit C, Section 3., c., c. (Townhouse Uses), and d. (Residential
Development Standards).
Proposed Motion:
I move to adopt an ordinance rezoning 56.5± acres, located on the west side of Teel Parkway,
300± feet south of Fishtrap Road, amending Planned Development-40 (PD-40), Exhibit C,
Section 3., c., c. (Townhouse Uses), and d. (Residential Development Standards).
Prosper is a place where everyone matters.
PLANNING
Item 4h
TOWN OF PROSPER, TEXAS ORDINANCE NO. 15-__
AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20
AND ORDINANCE NO. 08-030; REZONING A TRACT OF LAND CONSISTING
OF 56.45 ACRES, MORE OR LESS, SITUATED IN THE C. SMITH SURVEY,
ABSTRACT NO. 1 681 AND THE J. BATES SURVEY, ABSTRACT NO. 1620,
IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS, HERETOFORE
ZONED PLANNED DEVELOPMENT-40 (PD-40) IS HEREBY REZONED AND
PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-
40 (PD-40); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that Zoning Ordinance No. 05-20 and Ordinance No. 08-030
should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from TVG,
Texas I, LLC. (“Applicant”) to rezone 56.45 acres of land, more or less, situated in the C. Smith
Survey, Abstract No. 1681 and the J. Bates Survey, Abstract No. 1620, in the Town of Prosper,
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.
SECTION 2
Amendments to Zoning Ordinance No. 05-20 and Ordinance No. 08-030. Zoning
Ordinance No. 05-20 and Ordinance No. 08-030 is amended as follows: The zoning designation
of the below-described property containing 56.45 acres of land, more or less, situated in the C.
Smith Survey, Abstract No. 1681 and the J. Bates Survey, Abstract No. 1620, in the Town of
Prosper, Denton County, Texas, (the “Property”) and all streets, roads and alleyways
contiguous and/or adjacent thereto is hereby rezoned as Planned Development-40 (PD-40).
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The property as a whole and the boundaries for each zoning classification are 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) the conceptual elevations, attached hereto as Exhibit “F”, and
6) the illustrative tree plan, attached hereto as Exhibit “G”, 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
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
Item 4h2 of 33
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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 JANUARY, 2015.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 4h3 of 33
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POINT OF
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ZONING EXHIBIT "A"
Windsong Ranch Townhomes
56.445 Acres
C. SMITH SURVEY ~ ABSTRACT No. 1681
J. BATES SURVEY ~ ABSTRACT No. 1620
IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS
Current Zoning: PD-40
Requested Zoning: PD-40
Item 4h4 of 33
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ZONING EXHIBIT "A"
Windsong Ranch Townhomes
56.445 Acres
C. SMITH SURVEY ~ ABSTRACT No. 1681
J. BATES SURVEY ~ ABSTRACT No. 1620
IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS
Current Zoning: PD-40
Requested Zoning: PD-40
Item 4h5 of 33
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EXHIBIT “B”
Statement of Intent and Purpose
The purpose of this PD Amendment is to specify additional standards for the
development and construction of townhomes in the Windsong Ranch community over
and above the standards that are currently in place. By proposing more stringent
standards than the current PD-40 allows, Windsong Ranch intends to maintain and
potentially improve the standard of quality set by the current community and provide
more opportunity for an age-diversified community.
Item 4h6 of 33
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EXHIBIT C
Except as otherwise set forth in these development standards, the property, as
described in Exhibit A, shall develop under Ordinance 08-030, as adopted by the Town
Council on March 25, 2008.
c. Townhouse Uses: Townhouse units shall be allowed within the mixed use area
or single family area as a buffer between non-residential and single family
development. A maximum of three hundred (300) townhouse units shall be
allowed. Townhouse units constructed in Single Family Residential Tract do not
count against the maximum lot count of 3,500 single family lots. If portions of the
designated mixed-use area are developed with townhouse residential housing
types, they shall be developed in accordance with the following criteria:
A. Required Parking: Parking requirements for townhouse
development shall be two spaces per one-bedroom unit, two
spaces per two-bedroom unit, two and one-half spaces per three-
bedroom unit and one-half space per each additional bedroom per
unit. Two (2) enclosed parking spaces per unit will be provided as
part of the townhouse unit configuration. Enclosed parking will
consist of an attached or detached garage or parking structure
screened from public view.
B. Exterior Facade Building Materials: All buildings within a
townhouse development shall have an exterior finish of stone,
stucco, brick, tile, concrete, glass or similar materials or any
combination thereof. The use of cementitious fiber board as a
primary exterior building material shall be limited to a maximum of
fifteen percent of the total exterior wall surfaces. All exterior
finishes of buildings within a townhouse development shall have a
minimum of ten percent (10%) stone accents.
C. Controlled Access: All townhouse developments that contain
limited gated access shall locate all gate controls, card pads and
intercom boxes in driveway islands in a manner that provides a
minimum of one hundred (100) feet of stacking distance from the
gate. Such driveway islands shall also contain a break that allows
for vehicular u-turn movements back onto a public street.
D. Development Pattern: Lots may front common areas (mews) and
collector roadways, generally in accordance with Exhibit D.
Common area and collector roadway frontage locations shall be
designated as part of the preliminary site plan approval by the
Town. Standards shall be as follows:
i. Minimum front yard setback: Ten feet (10’)
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ii. A minimum five foot (5’) wide common mews sidewalk
shall be provided within 20 feet of the front of the
townhomes in order to provide pedestrian access to
the front of each townhome. A minimum four foot (4’)
wide individual sidewalk shall connect from each
townhome front door to the common mews sidewalk.
iii. Each townhome shall have two (2) cast stone address
plates, one (1) at the front of the townhome near the
front door, and one (1) at the rear of the townhome
visible from the alley. An additional cast stone
address plate shall be placed at each end of the
common area mews to help in case of emergency
and as a general aid to directions.
E. Building Elevations: The buildings shall substantially conform to
the building elevations, as show on Exhibit F.
F. Landscaping: Generally in accordance with Exhibit G, a minimum
of one hundred fifty (150) shade trees, minimum 4” caliper at the
time of planting shall be provided with the development. A
minimum of two hundred (200) ornamental trees, shall be provided
with the development; the size and species of the ornamental trees
shall be determined at site plan approval. The timing of installation
of shade trees and ornamental trees will be phased according to
completion of the buildings within the applicable lot. The location,
type and number of these plantings (subject to the minimum
quantities listed above) will be adjusted as necessary (subject to
Town staff review and approval) to coordinate road and utility
infrastructure conditions and other unforeseen circumstances.
Townhouse Uses for any townhomes built in the 56.445 acre area described in
Exhibit “A” (the “TVG Townhome Tract”) will be required to follow the standards
listed below:
d. Residential development standards: Development within the TVG Townhome
Tract shall be in accordance with the following table:
Item 4h8 of 33
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Residential Product Type
Development Requirement Townhouse
Max. Gross Density 8.0 du/ac
Min. Lot Area 1,500 sq. ft.
Min. Lot Width 25’
Min. Lot Depth 60’
Min. Front Setback 7’
Min. Rear Setback 20’ for garage/driveway; 10’ for main
building; 7’ (from property line)
Min. Side Setback (interior lot) 0’
Min. Side Setback:
(corner lot facing street)
(corner lot facing alley)
(corner lot facing open
space)
Min. Building Separation
15’
10’
7’
Twenty feet (20’), which may be
reduced to no less than ten feet (10’)
when sideyard patios exist at either one
or both ends of adjacent buildings.
Max. Building Encroachment
Max. Lot Coverage
End of building patios may encroach up
to seven feet (7’) into the designated
sideyard, and may have a trellis and/or
decorative metal fence.
80%
Min. Floor Area / Dwelling Unit 1,200 sq. ft.
Max. Building Height / No. of
stories’
48’ / 3
Min. Open Space 20%
Note: The maximum height of any building within 60 feet of a property
line with a single family residential use shall be 36 feet or 2 stories.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
Item 4h9 of 33
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3210 (567.78)3728 (575.54)5231 (583.73)5532 (584.43)3459 (567.83)3627 (574.24)4931 (583.55)3836 (575.90)4139 (575.85)4385 (575.80)4616 (581.46)4
4
9
5
(
5
8
0
.
6
1
)4457
(5
7
9
.
9
8
)75+7378+9282+6388+9091+9595+06108+48109+49POINT OF
BEGINNING
°°°°
°°°°°°
PHASE 2C-1
PHASE 2C-3
PHASE 2C-2
PHASE 2C-2
EXHIBIT "D"
Windsong Ranch Townhomes
56.455 Acres
C. SMITH SURVEY ~ ABSTRACT No. 1681
J. BATES SURVEY ~ ABSTRACT No. 1620
IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS
Current Zoning: PD-40
Requested Zoning: PD-40
Item 4h10 of 33
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EXHIBIT “E”
DEVELOPMENT SCHEDULE
Townhome Section – Phases 2C-1, 2C-2 and 2C-3
56.445 Acres out of PD-40
West side of Teel Parkway, north of US Highway 380
Phase 2C-1:
Begin Excavation: March 2015
Begin Utilities: May 2015
Begin Paving: August 2015
Town Acceptance of Public Improvements: November 2015
Subsequent phases (2C-2 and 2C-3) to be constructed as market conditions warrant.
This schedule is subject to change due to various factors beyond the control of
developer.
Item 4h11 of 33
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EXHIBIT “F”
Illustrative Elevations and Plans for Townhomes built in TVG Townhome Tract within
Windsong Ranch, Town of Prosper, Texas
The illustrations that are included with this Exhibit F are for the purpose of illustrative
example only and do not constitute exact renderings or plans of the buildings and items
depicted.
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EXHIBIT “G”
ILLUSTRATIVE TREE PLAN
Item 4h33 of 33
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To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – January 27, 2015
Agenda Item:
Consider and act upon an ordinance amending Chapter 3, “Building Regulations,” by adding a new
Article 3.19, “Fence Regulations” and repealing Ordinance No. 12-01.
Description of Agenda Item:
In February 2012, new fence regulations were incorporated into the 2006 International Building
Code (IBC) by Ordinance No. 12-01. When the 2012 IBC was adopted on July 22, 2014, the fence
regulations were not carried over into the 2012 Code. It has been determined that it is m ore
appropriate for regulations regarding fences be established within a new article of Chapter 3,
“Building Regulations,” of the Town’s Code of Ordinances. This proposed ordinance establishes
Article 3.19, “Fence Regulations”.
No changes are being proposed to the standards of the fence regulations at this time. During the
current assessment of the residential development standards, amendments to the fence
regulations may be warranted.
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
Town Staff Recommendation:
Town staff recommends that the Town Council approve an ordinance amending Chapter 3,
“Building Regulations,” by adding a new Article 3.19, “Fence Regulations” and repealing Ordinance
No. 12-01.
Proposed Motion:
I move to approve an ordinance amending Chapter 3, “Building Regulations,” by adding a new
Article 3.19, “Fence Regulations” and repealing Ordinance No. 12-01.
Prosper is a place where everyone matters.
DEVELOPMENT SERVICES
Item 4i
Page 1
TOWN OF PROSPER, TEXAS ORDINANCE NO. 15-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING CHAPTER 3, “BUILDING REGULATIONS,” OF THE
TOWN’S CODE OF ORDINANCES, BY ADDING A NEW ARTICLE 3.19,
“FENCE REGULATIONS”; REPEALING ORDINANCE NO. 12-01; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING A
PENALTY CLAUSE; PROVIDING FOR PUBLICATION OF THE CAPTION
HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in adopting recent revisions to the International Building Code and
International Residential Code on or about July 22, 2014, both Codes to be effective on
October 1, 2014, certain provisions regarding fence construction and related issues,
contained in a separate ordinance, Ordinance No. 12-01, were not addressed; and
WHEREAS, the Town Council desires to retain the fence regulations contained in
Ordinance No. 12-01, and in an effort to facilitate the public’s accessibility to the Town’s fence
regulations, by the adoption of this Ordinance, the Town has re-codified such fence
regulations in Chapter 3, “Building Regulations,” of the Code of Ordinances of the Town of
Prosper, Texas.
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, Chapter 3, “Building Regulations,” of
the Town’s Code of Ordinances is hereby amended by adding a new Article 3.19, “Fence
Regulations,” to read as follows:
“ARTICLE 3.19 FENCE REGULATIONS
Sec. 3.19.001 Fence Requirements
Fences in all zoning districts shall meet the following requirements:
(a) A fence permit must be obtained from the Building Inspection Division prior to
installation. It shall be unlawful for any person to install or cause to be installed, or to permit any
person to install a fence, or to make any alterations, additions or changes to a fence, without
first having procured a permit to do so from the Building Official. Notwithstanding the foregoing,
a permit shall not be required for alterations, additions or changes if repairs do not exceed
sixteen (16) linear feet of the area of the fence over a twelve (12) month period.
(b) No fence shall be constructed within any drainage easement in the corporate
limits of the Town unless the Town Engineer shall have first determined and advised the
Page 1 of 4
Building Official, in writing, that he believes such fence shall, in all probability, not interfere with
or impair the natural flow of water across the drainage easement.
(c) Fences around tennis courts may exceed eight feet (8’) in height, but shall not
exceed fifteen feet (15’).
(d) Fence arms shall not be constructed.
(e) Chain-link fences in residential districts shall have the finished edge of the
material on the top of the fence. Chain-link fences shall be vinyl-coated, unless used in
conjunction with athletic fields on property owned by an Independent School District or the Town
of Prosper.
(f) Gate required. Every fenced enclosure constructed under the provisions of this
article shall have at least one (1) gate in its perimeter a minimum of three feet (3’) in width.
(g) Wooden Fence Standards. All wooden fences must meet the following
standards:
(1) All vertical posts shall be galvanized steel, a minimum of sixteen (16) gauge
thickness and spaced at a maximum of eight feet (8’) on center, set in a concrete
footing. Picket fences, split rail fences, ranch style or agricultural fences, or other
types of open decorative fences approved by the Building Official or his/her
designee shall be permitted to use wooden posts.
(2) All pickets shall be a minimum 1/2 inch (1/2”) thickness.
(3) Wood material shall be an insect-resistant wood such as cedar or
pressure treated yellow pine. Spruce is not a permitted wood material.
(4) The fence shall have its back side (the side with exposed posts or rails)
oriented away from view from the adjacent street or right-of-way.
(5) All materials shall be securely fastened, vertical boards to horizontal
stringers, stringers to vertical posts, top rail, to ensure an ongoing attractive
appearance and safe condition, free from rot, rust, vandalism, and other sources
of decay.
(6) The bottom of the fence shall be designed to prevent ground-to-wood
contact. This can be achieved through the use of a concrete strip poured
between the fence supports or by raising the pickets to provide a minimum of
three inches (3”) between the bottom of the pickets and the ground. A two inch
by six inch (2” x 6”) kick board may be used to cover the gap between bottom of
pickets and ground. This kick board may have ground contact.
(h) Protective treatment. All wood material shall be stained, pressure-treated, painted, or
adequately sealed to prevent decay. All exterior surfaces of fences shall be maintained in good
condition. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All
metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and
all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and
Page 2 of 4
corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for
stabilization by oxidation are exempt from this requirement.
(i) Fences may not contain and/or be:
(1) Continuous electrical current, although single-strand wired designed to conduct
electricity through an approved low-voltage regulator shall be allowed along the
fence’s interior base line;
(2) Constructed to contain barbed wire;
(3) Plywood;
(4) Fiberglass or fiberglass panels;
(5) Corrugated steel or sheet iron; and/or
(6) Razor wire.
(j) Fences on parcels being used for agricultural purposes may contain barbed wire or other
agricultural fences approved by the Building Official or his/her designee.
(k) Fences located in the required front yard of a lot in a residential zoning district shall have
a minimum of fifty percent (50%) through vision.”
SECTION 3
Town of Prosper Ordinance No. 12-01, adopted on February 14, 2012, is hereby
repealed in its entirety, and shall be of no further force and effect.
SECTION 4
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. The
Town 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 5
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict, and any remaining portions of said ordinances shall remain in full
force and effect.
SECTION 6
Any person, firm or corporation violating any of the provisions or terms of this Ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to
exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day
such violation shall continue shall constitute a separate offense. The penal provisions imposed
Page 3 of 4
under this Ordinance shall not preclude the Town from filing suit to enjoin the violation, and the
Town retains all legal rights and remedies available to it.
SECTION 7
This Ordinance shall become effective from and after its adoption and publication as
required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 27TH DAY OF JANUARY, 2015.
___________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 4 of 4
To: Mayor and Town Council
From: Alex Glushko, AICP, Senior Planner
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – January 27, 2015
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 is the site plan acted on by the Planning & Zoning Commission at their January 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 Frontier Estates Amenity Center
Town Staff Recommendation:
Town staff recommends that the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Item 4j
Item 4j
Page 1 of 2
To: Mayor and Town Council
From: Kent R. Austin, Finance Director
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – January 27, 2015
Agenda Item:
Discussion on updating of utility billing policies.
Description of Agenda Item:
The Town’s utility billing policies are captured in Article 13.07 of the Code of Ordinances. In
September 2014 a customer contacted the Town to object to charges on her bill related to
transferring from one home in Prosper to another. Her account had been charged the base
monthly amounts twice—once at the old location and once at the new. This led staff to research
proration of utility bills, so that customers pay a reduced base charge proportionate to the time
they receive service.
After coordinating with the Town’s software vendor and examining policies from other cities,
staff recommends the following proration schedule for water and sewer base charges:
Days of Service Proration Percentage
1-10 40%
11-20 70%
21-31 100%
For a customer who terminates service ten days into the billing cycle, the base monthly charge
would be reduced from $40.87 to $16.35:
Service Base
Amount
Proration Prorated
Amount
Water $18.24 40% $7.30
Sewer $22.63 40% $9.05
$40.87 $16.35
Implementing proration will result in some loss of revenue. Staff’s estimate is $24,033 per year,
compared with total water and sewer revenues of $9,325,293.
Staff used the proration question as an opportunity to review all existing utility billing policies.
The attached summary provides a brief description of the proposed change to Article 13.07, and
the attached redline draft of Article 13.07 provides the proposed language for each change.
Prosper is a place where everyone matters.
FINANCE
Item 6
Page 2 of 2
Budget Impact:
Implementing proration of base water and sewer charges is estimated to cost the Town $24,033
per year in lost water revenues.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the draft policies as to form and
legality.
Attached Documents:
1. Utility Billing Policies Update (summary)
2. Draft Article 13.07 Utility Bills (detail)
Town Staff Recommendation:
Review and discuss the proposed policy changes. Once any revisions are made, staff will
prepare an ordinance for Council consideration.
Item 6
TOWN OF PROSPER, TEXASUTILITY BILLING POLICIES UPDATEARTICLE 13.07 UTILITY BILLS1/27/2015Section TitleDescription of Change13.07.001(a)Procedures/Utility Bill Payments Removes check re‐present reference; replace "checks" with "payments"13.07.001(b) and ( c)Procedures/Request for New Service and Meter RereadsReferences to Appendix A (Fee Schedule) for service initiation fee added.13.07.001 (d)Procedures/Transfer of Service Reference to transfer application and fee added.13.07.001 (e)Procedures/Transfer of Service at Same DwellingReference to transferee's drivers license added.13.07.002Adjustment of Bill as Result of Defect in Customer's LineClarifies which defects (leaks) are eligible for adjustment application and which are not. Underground leaks in the customer's service line qualify as "excusable defects" eligible for leak adjustment; swimming pools, faucet, sprinklers, toilets and fixtures do not. Requires customer to sign statement that facts are true and correct. Makes UB official determination final. Limits adjustments to minimum of $5.13.07.003Adjustment of an Unexplainable/Unusually Large BillDescribes process for adjusting unexplained/unusually high water bills. Increases eligibility percentage from 200% to 300% of average monthly bill. Customer's 12‐month average is computed, and bill is adjusted to average amount plus 50%. Adjustment may be granted once every 24 months per customer. UB Official is responsible for investigating request and determining eligibility.13.07.004Penalty/Termination/Disconnection of ServiceAllows waiver of penalty once every 24 months. Requires notice of service discontinuation. Enumerates grounds for disconnection of service.13.07.005Proration of Utility Bills (NEW)Establishes proration of water and sewer base charges for customers having service for less than a full month. Proration rates are: 1‐10 days of service, 40%; 11‐20 days of service, 70%; 21‐31 days of service, 100%.13.07.006Winter Averaging for Residential Wastewater Services (NEW)Describes winter averaging, related service initiation issues, and process for adjustment.13.07.007Dispute of Utility Bill (NEW)Establishes dispute process: 1) customer notifies UB Department in writing of dispute; 2) before bill due date, customer must make payment equal to 12‐month average usage, so that service will not be discontinued; 3) UB Official reviews the dispute notice within 10 days of receipt and presents recommendation to Finance Director; 4) Finance Director makes a determination within 20 days and notifies the customer in writing within 30 days of original notice; customer has right to appeal to Town Manager.13.07.008Senior Affordability Discount and Penalty Exemption (NEW)Establishes Senior Citizens credit for storm drainage charges and first 2,000 gallons water included as part of the minimum bill. Late payment penalties may be waived for customers at least age 65 or totally disabled. Item 6
ARTICLE 13.07 UTILITY BILLS
Sec. 13.07.001 Procedures
(a) Utility bill payments. Utility bill payments may be made by cash, check, money order, credit
or debit card, online billpay, auto-draft of bank account, credit or debit card. No two-party
checks will be accepted. No payroll checks will be cashed through the utility department. All
returned checks, returned ACH notifications, or reversal of payment by payer will be assessed a
returned check fee as established by appendix A to this code, as it exists or is amended, for
administrative costs. This returned check fee will also be charged to customers requesting the
Town to re-present a check for deposit. The Town will re-present a check only one time. Only
cash, a cashier’s check, money order, credit or debit card will be accepted for payment after three
(3) returned checks payments have been received by the town over a one-year period, using the
date of the last returned checkpayment.
(b) Request for new service. A request for new service must be accompanied by a completed
service application and the required service initiation fee. A service initiation fee is required for
each meter per service address as established by appendix A to this code, as it exists or is
amended. Reasonable efforts will be made to connect utility service by the end of the same
business day for applications received by 12:00 p.m. Otherwise, all reasonable efforts will be
made to connect service by the end of the following business day. Except as otherwise provided
herein, service initiation fees are nonrefundable.
(c) Meter rereads. A customer may request a reread of their water meter. A water meter reading
charge as established by appendix A to this code, as it exists or is amended, shall be charged on
the next month’s water bill if the reading is determined to be correct. No water meter reading
charge will be assessed if the Town determines that the original reading was incorrect.
(d) Transfer of service from one service address to another. A customer moving from one active
service address to another within the town may have their service transferred with completion of
a transfer application and knowledge of a transfer fee as established by appendix A to this code,
as it exists or is amended. The transfer fee will be charged on the next month’s water bill. An
additional service initiation fee will not be assessed.
(e) Transfer of service to person at same dwelling. A customer, having no balance owed on their
town utility account, may transfer their account to another person, living at the same dwelling, by
sending a letter or e-mail, dated and signed by the original applicant who initiated the account,
requesting said transfer. The letter or e-mail must include the service address, effective date of
change, and signature. The transferee must provide their name, driver’s license number and state
of issuance, and date of birth. The transferee’s drivers license address must match the service
address. No fee is charged for this transaction.
(f) Prosecution for tampering or bypassing. The town will prosecute persons who tamper with or
bypass a water meter that has been turned off and/or locked. Tampering with or bypassing a
meter shall be prosecuted in accordance with the Code of Criminal Procedure and/or the Penal
Code, as they exist or may be amended.
Formatted: Strikethrough
Item 6
(1) Adjustments in utility billing.
(A) Reduction of bill generally. Any improper reduction of a water bill as
shown by a meter or other reduction in a utility bill is unlawful and is
prohibited, unless such reduction is made in accordance with specific provisions
of this article. Any officer or employee of the town reducing any bill, except in
accordance with this article, shall be personally responsible for the reduction in
the bill, and shall be disciplined in accordance with town policy, up to and
including termination of employment with the town.
Sec. 13.07.002 Adjustment of bill as result of defect in customer’s line
(a) Any customer residential, commercial, or multifamily or outdoor customer of the town may
request a correction of any water bill from the town once in 24 months for water usage because
of a loss of water through an excusable defect (hereinafter defined) in the customer’s water line
for a period not to exceed two consecutive months, by filing a sworn written application with the
utility official, as designated by the town administrator utility billing department, and by mailing,
e-mailing or delivering the same to the department within thirty (30) days of the repair of the
excusable defect. Shutting off the water does not qualify as a repair.
(b)Such application shall contain the following matters and such other information as the utility
official may require:
(1) The name of the applicant, the address or description of the property or premises
furnished water, the bill which is sought to be corrected, the date of the bill and the
period of water usage covered thereby.
(2) A statement of the date on which the excusable defect in the applicant’s water line
was discovered, and the date on which it was repaired; and a statement that water was
lost after it passed through the town water meter serving such property and that such
water was not used in any manner by anyone.
(3) A written acknowledgment that the applicant makes the statements shown on the
application and swears to their veracity for the purpose of inducing the town to grant
a reduction in the amount of the water bill for which a correction is requested.
(4) The application shall show whether or not there have been any additional water
appliances or fixtures, swimming pools, or hot tubs placed in use on the applicant’s
premises during the period covered by such bill.
(6) A statement that the applicant is personally familiar with all of the matters of facts
stated in the application and sworn to therein, that they are made on his personal
knowledge and that they are each true and correct.
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(7) The customer shall execute a statement setting forth an understanding that the
application is a government record subject to criminal prosecution for false
statements under chapter 37 of the Texas Penal Code and shall state that the applicant
certifies that the application contains no false statements.
(c) (5)(2) Documentation of the repair shall be submitted detailing the exact nature
and date of repair(s)s to the applicant’s water line.
(6) A statement that the applicant is personally familiar with all of the matters of facts
stated in the application and sworn to therein, that they are made on his personal
knowledge and that they are each true and correct.
(7) The customer shall execute a statement setting forth an understanding that the
application is a government record subject to criminal prosecution for false
statements under chapter 37 of the Texas Penal Code and shall state that the applicant
certifies that the application contains no false statements.
(d) (b) As used in this article the term “excusable defect” shall mean a rupture or leakage of the
customer’s underground water lines from the meter to the foundation and/or under the
foundation as may be caused by freezing weather, settlement, corrosion, wear or accident. The
term does not apply to defective or out-of-repair faucets (inside or outside), internal wall
plumbing, sprinkler systems, sprinkler heads, sprinkler lines, sprinkler solenoids, swimming
pools, auto-fill pool equipment, toilets, toilet flappers, any outdoor fixture/accessory such as
outdoor kitchen.
(c) Applications under this section shall be made on forms prescribed by the town administrator.
(e)(d) Upon receipt of a properly completed application, the utility billing official
shall review such application, and if he/she approves the same as being in compliance
with this article, the applicant’s bill shall be corrected recalculated. by applying to the
amount of water consumption shown thereon in excess of the applicant’s average
water usage for the previous 9 months, a rate of charge equal to one-half of the
normal rate of such water usage by a customer in the applicant’s classification, which
reduction in rate shall be accomplished in the following manner: (5) A determination
by the utility official of the amount of an adjustment to be made in an applicant’s
water bill in accordance with the provisions of this article shall be final.
(f)(1) The applicant’s average water usage will be based on the previous nine (9)
months. If the applicant has not been a customer for a sufficient length of time to
make such determination, then the average water usage for a like period of time for
town water customers living within the applicant’s vicinity, as solely determined by
the utility official, will be used. the billing official will use the electronic meter
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reading system to determine actual loss as described by the applicant during a specific
time frame. This average water usage so determined will hereafter be referred to as
“average usage.”
(g)(2) From the total water consumption shown on the bill submitted for correction,
the average usage will be deducted. The resulting figure will hereafter be referred to
as “excess usage.”
(3) The excess usage will be considered consumption beyond the average usage, and
charged at the rate of one-half of the regular rate for consumption beyond the average
usage (for customers in the applicants’ rate classification) will be applied to the
excess usage and this will determine the amount the applicant must pay for the excess
usage.
(4) The regular rate for customers in the applicant’s rate classification will be applied
to the average usage and this amount will be added to the amount due for the excess
usage, and the total of those two amounts will be the sum that the applicant must pay
for water usage during the period covered by the corrected adjusted bill.
(5) A determination by the utility official of the amount of a correction to be made in
an applicant’s water bill in accordance with the provisions of this article shall be
final.
(h) Bill will be paid in full by due date while Utility Billing Official reviews
application for adjustment. Any adjustment due to customer will be credited to
customer’s active account or refunded if account had been ended prior to a final
decision.
(i) No adjustment will be given for $5.00 or less.
Sec. 13.07.003 Adjustment of an unexplainable/unusually large bill
(a) (a) Any single-family residential customer, commercial, or multi-family customer
customer who receives a water bill for any given month that is computed on the basis of a
gross quantity greater than 200 300 percent of the average monthly gross quantity
(hereinafter defined) applicable to such customer, may request an adjustment of the bill in
the manner provided in this article; provided, that for any given customer, only one such
monthly bill out of any series of 12 24 consecutive monthly bills may be adjusted under
this article.
(b) In order to request such an adjustment, the customer shall file an application for the
adjustment on a form furnished by the utility official. The application form shall contain
a statement setting forth an understanding that the application is a government record
subject to criminal prosecution for false statements under chapter 37 of the Texas Penal
Code, and the customer shall state that the application contains no false statements. The
application shall identify the bill and briefly state:
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(1) The reasons for the request for the adjustment;
(2) A description of the additional water appliances or fixtures, swimming pools, or
hot tubs, if any that have been placed in use by the customer during the current month
or the preceding 12 months;
(3) That there have been no plumbing repairs or necessity therefore during the month
for which an adjustment is sought or that the nature of any plumbing defects would
not explain the additional usage; and
(4) Such other information as the application may require.
(c) Customer will submit any supporting documentation of information that would assist the
utility billing official with making a determination.
(d) The average monthly gross quantity applicable to a customer means the average gross
quantity for water service to the same premises during the 12 months immediately
preceding the month for which the adjustment is sought. If customer has not been at the
premises for 12 months the application will be held for an additional 3 billing cycles so
that the billing official can determine customer’s “normal” usage pattern. The average of
those 3 months will be used to determine if an adjustment can be made.
(e) (b) Upon receiving such application, the utility official shall make an investigation to
determine if an error was made, which investigation shall include, among other things, an
inspection of the customer’s water meter and review of the customer’s billing record. If
the initial investigation reveals a billing or meter error, the utility official shall make an
adjustment to correct the error. If the investigation does not reveal an error, the utility
official may make such further investigation, as the utility official deems advisable, and
shall give full consideration to the statements contained in the customer’s application.
The utility official will consider new landscaping, irrigation systems, winter rye grass,
abnormally lush landscaping, holiday visitors, new swimming pools or hot tubs, and
other new water appliances or fixtures as indications of and contributors to high water
use.
(f) If the utility official concludes that, in all reasonable probability, the customer was
charged for more water than the customer consumed during the month in question, but is
unable to actually account for such unusual quantity, the utility official shall recompute
the bill using as the gross quantity 200 300 percent of the average monthly gross quantity
applicable to the customer.
(g) Customer will be responsible for the normal rate of charge equal to the customer’s
classification using the average consumption plus 50% of the overage. A determination
by the utility official made in accordance with the provisions of this article shall be final.
(h) The customer will be required to pay half of the bill prior to the due date or make a
payment arrangement with the billing official. In order to request such an adjustment, the
customer shall file an application for the adjustment on a form furnished by the utility
official. The application form shall contain a statement setting forth an understanding that
the application is a government record subject to criminal prosecution for false statements
under chapter 37 of the Texas Penal Code, and the customer shall state that the
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Item 6
application contains no false statements. The application shall identify the bill and briefly
state:
(1) The reasons for the request for the adjustment;
(2) A description of the additional water appliances or fixtures, swimming pools, or
hot tubs, if any that have been placed in use by the customer during the current month
or the preceding 12 months;
(3) That there have been no plumbing repairs or necessity therefor during the month
for which an adjustment is sought or that the nature of any plumbing defects would
not explain the additional usage; and
(4) Such other information as the application may require.
(b) Upon receiving such application, the utility official shall make an investigation to determine
if an error was made, which investigation shall include, among other things, an inspection of the
customer’s water meter and review of the customer’s billing record. If the initial investigation
reveals a billing or meter error, the utility official shall make an adjustment to correct the error. If
the investigation does not reveal an error, the utility official may make such further investigation,
as the utility official deems advisable, and shall give full consideration to the statements
contained in the customer’s application. The utility official will consider new landscaping,
irrigation systems, winter rye grass, abnormally lush landscaping, holiday visitors, new
swimming pools or hot tubs, and other new water appliances or fixtures as indications of and
contributors to high water use. If the utility official concludes that, in all reasonable probability,
the customer was charged for more water than the customer consumed during the month in
question, but is unable to actually account for such unusual quantity, the utility official shall
recompute the bill using as the gross quantity 200 300 percent of the average monthly gross
quantity applicable to the customer. Customer will be responsible for the average plus 50% of
the overage. A determination by the utility official made in accordance with the provisions of
this article shall be final.
(Ordinance 06-48 adopted 5/23/06)
Sec. 13.07.004 Penalty/Termination/disconnection of services
The rates and charges set forth in this article shall be mailed or e-mailed by the town and shall be
due and payable by the customers of the water, sanitary sewer and garbage collection system on
the tenth (10th) day of each month after the billing cycle. In the event the tenth (10th) day is a
holiday recognized by the town or a weekend, the rates and charges shall be due and payable on
the first business day following said holiday or weekend.
(1) Should the amount due on the 10th day of the month after the billing cycle not be
paid in full, a ten percent (10%) penalty of the most current balance shall be added to
the amount past due and unpaid. If customer has shown a strong payment history for
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Item 6
one year and requests the utility billing department shall extend a customer courtesy
to remove the penalty charge. This is allowed no more than once every 24 months.
(2) The town will issue a past due notice ten (10) days after if payment has not been
made by the due date, which will also serve as a notice of possible service
termination. The customer is subject to service discontinuation on the tenth (10th) day
after the notice has been issued. bill comes due. The town is not required to send
additional notices other than the past due notice in order to be authorized to
discontinue service.
(3) Should service be discontinued to any user or customer herein and the amount
past due and delinquent be paid thereafter, such service may be resumed,. but there
There shall be additional charges and collected a fee as provided in the fee schedule
found in appendix A to this code for reconnection to the water/ wastewater/garbage
services. system.
(4) Any customer wishing to discontinue services must give notice thereof to the
Town. Charges will continue to be entered until such notice has been given or three
(3) billing cycles have yielded no response from customer. If there has been no
contact with the billing department for three (3) billing cycles service may be
automatically terminated.
(5) Utility service may be disconnected after notice for the following reasons or as
referenced in Texas Admisistrative Code Title 30, Part 1, Chapter 291, Subchapter E,
Rule 291.87
(a) failure to pay a delinquent account for utility service
(b) failure to comply with the terms of a deferred payment agreement
(c) payment by check which has been rejected for insufficient funds, closed account,
stop payment, or customer reverses auto payment.
(6) Field workers are not obligated to accept payment of the bill when they are at the
customer’s location to disconnect services.
(Ordinance 06-120 adopted 11/14/06)
Sec. 13.07.005 Proration of Utility Bills
Customers who request to commence, transfer or terminate any residential or
commercial account for utility service within a billing cycle shall be billed based on a
pro rata basis.
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(1) The calculation method consists of taking the applicable minimum service charge
for both water and wastewater services then charging only the portion that is
represented by the chart below:
Number of days of service Percent of minimum service
charge billed
1 – 10 days 40%
11-20 days 70%
21- billing cycle date 100%
Sec. 13.07.006 Winter Averaging for Residential Wastewater Services
Residential only customers thatwho are receiving Town wastewater (sewer)
services are billed according to their winter water consumption average. Water
consumption billed in December, January and February will be averaged to
calculate sewer charges beginning in March and ending in February the following
year.
(1) Customers thatwho are not billed in December, January and February will not
have a winter average. Therefore, those customers will be billed according to
water consumed each billing cycle capping at 10,000 gallons until a winter
average is established or service is terminated.
(2) Customers thatwho have a winter average and transfer from one active
account to another account with Town services will retain their original winter
average until new data is collected.
(3) A reasonable adjustment can be made to the sewer bill if a water leak can be
documented during the winter average data collection period. Request of
winter averaging must be completed by June 1st following the data collection
period and be delivered to the utility billing department for review. If actual
water loss can be calculated the consumption shall be adjusted accordingly. If
not, the prior year average can be used if available at the discretion of the
Utility Billing Official.
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Item 6
Sec. 13.07.007 Dispute of Utility Bill
Any customer may dispute their utility bill. It is the customer’s responsibility to
advise the Utility Billing Department that a bill is being disputed by written
notice. This notice can be mailed or brought to the Utility Billing Department in
person during normal business hours.
(1) A payment equal to the customer’s average (preceding 12-month) monthly
usage at current rates must be made by the due date stated on the bill being
disputed. Where no previous usage history exists, consumption for calculating the
average monthly usage will be estimated on the basis of usage levels of similar
customers under similar conditions as determined by the utility billing official.
(2) The payment must be received by the Utility Billing Department prior to the
date of proposed discontinuance for a customer to avoid discontinuance of
service. Notwithstanding any other section of this ordinance, a utility customer’s
service may not be subject to discontinuance for nonpayment of that portion of a
bill under dispute pending the completion of determination of the dispute. The
customer is obligated to pay any billings not disputed.
(3) If the customer is registered for auto debit through their bank or credit card it
is the responsibility of the customer to remove this payment authorization prior to
the Utility Billing Department beginning their payment process which can be a
few days prior to the due date. The Utility Billing Department does not draft
partial payments, it will only draft the full amount of the bill.
(4) The written dispute notice will be reviewed by the Utility Billing Official
within 10 days of receipt of such. The Utility Billing Official will make
recommendation(s) for settlement and present them to the Finance Director.
(5) The Finance Director will make a determination within 20 days of receiving
the Utility Billing Officials recommendation(s) and written notification will be
sent to the customer within 30 days of the original dispute notice.
(6) If customer does not agree with the decision they have the right to appeal.
The customer can do so by contacting the Town Manager or Town Council
directly.
Sec. 13.07.008 Senior Affordability Discount and Penalty Exemption
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Item 6
Senior Citizen account holders who qualify are entitled to receive a credit for
storm drainage charges and the first two thousand (2,000) gallons of water
included as part of the minimum bill for an indoor residential account.
Eligibility requirements are as follows:
(1) The customer mMust be listed as the account holder on residential only
property.
(2) Must be age sixty-five (65) or older.
(3) Must provide proof of age with a valid United States or State ID.
(4) NMust not be receiving the senior affordability rate on any other Town of
Prosper account.
(5) Must cCompleted and sign the application with applicant’s signature.
Late payment penalties shall be wavied for any account holder who qualifies and
is entitled to such. Applicant must complete an application and present adequate
proof that the customer is either:
(1) At least age sixty-five (65) and the recipient of social security or other bona
fide retirement benefits.
OR
(2) Is tTotally disabled.
The aApplicant must provide documentation, such as a letter from sSocial
Ssecurity, Vveterans aAffairs, or any other governmental agency clearly declaring
the account holder to be disabled.
Bank statements, AARP membership card, medicare card, document(s) with a
sSocial Ssecurity number, etc. will NOT be accepted as proof.
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Item 6
Page 1 of 2
To: Mayor and Town Council
From: Matt Richardson., P.E., Senior Engineer
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – January 27, 2015
Agenda Item:
Consider and act upon an amendment to the Capital Improvement Plan (CIP).
Description of Agenda Item:
The current approved CIP includes FY2014-2015 funding for the Lower Pressure Plane Pump
Station and Transmission Line project in the amount of $175,000. A professional services
agreement for an alignment study and preparation of easement documents related to the water
transmission line in this project has been negotiated in the amount of $185,100, which exceeds
the available funding by $10,100. The increase in costs results from the inclusion of the
easement documents which were not originally anticipated to be included with the alignment
study, but instead with the final engineering in FY2015-2016.
The Upper Plane 30/24-inch Water Line project is substantially complete with an estimated final
cost of $3,952,617 for engineering and construction. This amount is less than the budgeted
amount of $4,064,581 by $111,964. Staff proposes to reallocate $10,100 from the Upper Plane
30/24-inch Water Line project to the Lower Pressure Plane Pump Station and Transmission
Line project. Remaining excess funding in the Upper Plane 30/24-inch Water Line project will
be reallocated to other projects or to the Water/Sewer Capital Projects fund balance at a later
date.
This CIP Amendment also adjusts planned funding for the Lower Pressure Plane Pump Station
and Transmission Line project in future years of the CIP. The current approved CIP includes
additional funding for final engineering and construction in FY2016-2017 and FY2017-2018
respectively. This funding schedule, due to the length of time necessary for construction, results
in an in-service date of Summer 2019. As part of the recently completed lower pressure plane
water supply study that evaluated the life cycle costs between the Upper Trinity Regional Water
District (UTRWD) and North Texas Municipal Water District (NTMWD), the current growth in the
lower pressure plane results in the need to have an in-service date of Summer 2018 for these
improvements. In accordance with that study, this CIP Amendment is revised to reflect the final
engineering and construction timing to be moved up one year to FY2015-2016 and FY2016-
2017 respectively.
Budget Impact:
The reallocation of issued Certificate of Obligation Bond funding in the amount of $10,100 from
the Upper Plane 30/24-inch Water Line project to the Lower Pressure Plane Pump Station and
Transmission Line project will have a net zero impact on the overall CIP.
ENGINEERING
Prosper is a place where everyone matters.
Item 7
Page 2 of 2
Attached Documents:
1. CIP Amendment
2. Revised CIP Sheets
Town Staff Recommendation:
Town staff recommends that the Town Council approve an amendment to the Capital
Improvement Plan (CIP).
Proposed Motion:
I move to approve an amendment to the Capital Improvement Plan (CIP).
Item 7
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
1204-WA Upper Plane 30/24-inch Water Line 4,064,581 4,064,581 365,000 0 3,699,581
1501-WA Lower Pressure Plane Pump Station and Transmission Line 175,000 1,655,000 15,456,800 17,286,800 127,081 0 47,919 17,111,800 1,655,000 15,456,800
4,064,581 175,000 1,655,000 15,456,800 21,351,381 492,081 3,747,500 17,111,800 1,655,000 15,456,800
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
1204-WA Upper Plane 30/24-inch Water Line -10,100 -10,100 -10,100
1501-WA Lower Pressure Plane Pump Station and Transmission Line 10,100 1,655,000 13,801,800 -15,456,800 10,100 10,100 1,655,000 13,801,800 -15,456,800
0 0 1,655,000 13,801,800 -15,456,800 0 0 1,655,000 13,801,800 -15,456,800
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
1204-WA Upper Plane 30/24-inch Water Line 4,064,581 -10,100 4,054,481 365,000 0 3,689,481
1501-WA Lower Pressure Plane Pump Station and Transmission Line 185,100 1,655,000 15,456,800 17,296,900 127,081 0 58,019 17,111,800 1,655,000 15,456,800
4,064,581 175,000 1,655,000 15,456,800 21,351,381 492,081 3,747,500 17,111,800 1,655,000 15,456,800
FUNDING SOURCES
OTHER
SOURCES
SUBTOTAL
OTHER
SOURCES
SUBTOTAL
UNISSUED DEBT SCHEDULE
WATER PROJECTS - REVISED
PROJECT SCHEDULE TOTAL
PROJECT
COSTS
FUNDING SOURCES UNISSUED DEBT SCHEDULE
UNISSUED DEBT SCHEDULE
OTHER
SOURCES
SUBTOTAL
0 - Impact Fees
1 - Grant and Interlocal Funds
2 - Other Sources (see Detail)
3 - Developer Agreements
4 - Decision Package
5 - Water / Wastewater Fund
6 - Park Development Fund
7 - Stormwater Drainage Fund
8 - TIRZ #1
9 - TIRZ #2
X - Non-Cash Contributions
CIP Amendment - 01/27/2015
Other Sources
WATER PROJECTS - ORIGINAL
PROJECT SCHEDULE TOTAL
PROJECT
COSTS
FUNDING SOURCES
WATER PROJECTS - MODIFICATION
PROJECT SCHEDULE TOTAL
PROJECT
COSTS
Item 7
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
01 0803-ST First Street and Coit Rd Widening 8,250,000 (75,000)8,175,000 6,594,300 0,1,2,3 1,580,700 0
02 1205-ST Asphalt Roads 2014: Coit, Coleman, First 1,390,796 (136,622)1,254,174 1,254,174 0
03 1207-ST Concrete Roads 2014: Rhea Mills, First 1,000,000 1,000,000 304,000 696,000 0 696,000
04 1418-ST SH 289 Median Paving & Conduit 125,000 125,000 125,000 4 0
05 1405-ST Coleman Street (Prosper Trail - HS) 319,100 1,560,900 1,880,000 1,380,000 0 500,000 0
06 1412-ST Downtown Enhancements (Broadway - Main) 60,000 490,000 550,000 550,000 4 0
07 Broadway (McKinley - Main) 113,000 113,000 113,000 0
08 Custer Road Turn Lanes @ Prosper Trail 100,000 100,000 100,000 0 0
09 Fifth Street (BNSF Railroad - Coleman) 216,000 216,000 216,000 0 216,000
10 Gates of Prosper Road Improvements, Phase 1 2,000,000 2,000,000 2,000,000 8 0
11 McKinley Street (First - Fifth) 275,000 275,000 275,000 0 275,000
12 1416-ST Seventh Street (Coleman - PISD Admin) 11,000 979,000 990,000 431,723 5,7 558,277 0
13 1415-ST Teel Parkway (DCFWSD #10) 2,600,000 2,600,000 2,600,000 0,X 0
14 West Prosper Road Improvements 12,531,000 12,531,000 8,266,000 1,3 3,065,000 1,200,000 4,265,000
15 Church Street (First - Broadway) 170,000 170,000 170,000 0 170,000
16 Coleman Street (HS - Preston Road) 1,412,500 1,412,500 1,412,500 1 0
17 First Street (Townlake - Custer) 420,000 420,000 420,000 0 420,000
18 Fishtrap Road (Artesia - Dallas Parkway) 820,000 820,000 378,000 442,000 820,000
19 Frontier Parkway (DNT - Preston) 3,650,000 3,650,000 1,635,000 0 365,000 1,650,000 0 2,015,000
20 DNT Southbound Frontage Road 1,200,000 8,300,000 9,500,000 3,300,000 9 6,200,000 6,200,000
21 Church Street (Broadway - PISD) 375,000 375,000 375,000 0 375,000
22 Eighth Street (Church - PISD Admin) 160,000 160,000 160,000 0 160,000
23 Field Street (Third - Broadway) 41,000 41,000 41,000 0 41,000
24 Main Street (Broadway - First) 181,000 181,000 181,000 0 181,000
25 Parvin Road (Good Hope - FM 1385) 270,000 270,000 270,000 0 270,000
26 Pasewark (Preston - End) 280,000 280,000 280,000 0 280,000
27 1414-ST Prosper Trail (Preston - Coit) 1,034,900 950,000 2,665,100 4,650,000 3,359,900 0,1,3 1,290,100 475,000 815,100
28 Coleman Street (at Prosper HS) 850,000 850,000 425,000 1 425,000 425,000
29 DNT Southbound Braided Ramp 4,000,000 4,000,000 4,000,000 9 0
30 Gates of Prosper Road Improvements, Phase 2 500,000 500,000 500,000 8 0
31 Gates of Prosper Road Improvements, Phase 3 15,200,000 15,200,000 15,200,000 8 0
32 Gates of Prosper Road Improvements, Phase 4 7,500,000 7,500,000 7,500,000 8 0
8,250,000 2,830,896 20,728,278 8,707,400 10,557,000 3,515,100 0 27,200,000 81,788,674 59,379,423 4,310,151 1,061,000 7,481,000 9,557,100 0 5,452,000 3,425,000 7,982,000 1,240,100 0 0
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
01 1410-TR Decorative Monument Street Signs 150,020 150,020 150,020 4 0
02 1411-TR School Zone Flashers w/Radar 130,000 130,000 130,000 4 0
03 1406-TR SH 289 Illuminated Street Name Signs 100,000 100,000 100,000 4 0
04 1408-TR Median Lighting - SH 289 50,000 950,000 1,000,000 415,000 4 585,000 0 585,000
05 Median Lighting - Coit Road (US 380 - First)400,000 400,000 400,000 400,000
06 Median Lighting - First Street (Craig - Coit)575,000 575,000 575,000 575,000
07 Median Lighting - Prosper Trail (Dallas Pkwy - Preston)750,000 750,000 750,000 750,000
08 Traffic Signal - Dallas Pkwy & First St 200,000 200,000 200,000 0 0
09 Traffic Signal - Dallas Pkwy & Prosper Tr 200,000 200,000 200,000 0 0
10 Traffic Signal - Coit Rd & First St 220,000 220,000 220,000 0 0
11 Traffic Signal - Coit Rd & Richland Blvd 220,000 220,000 220,000 0 0
12 Traffic Signal - Coit Rd & Prosper Tr 180,000 180,000 180,000 0 0
13 US380 Illuminated Street Signs 25,000 25,000 25,000 25,000
0 430,020 950,000 2,125,000 645,000 0 0 0 4,150,020 1,815,020 0 585,000 0 1,750,000 0 585,000 1,725,000 25,000 0 0 0
FUNDING SOURCES UNISSUED DEBT SCHEDULE
OTHER
SOURCES
SUBTOTAL
0 - Impact Fees X - Non-Cash Contribution
1 - Grant and Interlocal Funds
2 - Other Sources (see Detail)
6 - Park Development Fund
7 - Stormwater Drainage Fund
8 - TIRZ #1
Summary of Five Year Capital Improvement Program - 01/27/2015
General Fund Projects
INDEXSTREET PROJECTS PROJECT SCHEDULE TOTAL
PROJECT
COSTS
01
SUBTOTAL
Other SourcesINDEXTRAFFIC PROJECTS
PROJECT SCHEDULE TOTAL
PROJECT
COSTS
FUNDING SOURCES
OTHER
SOURCES
UNISSUED DEBT SCHEDULE
3 - Developer Agreements
4 - General Fund
5 - Water / Wastewater Fund
9 - TIRZ #2
Item 7
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
01 1304-PK Frontier Park - Southwest Corner Practice Fields 540,000 540,000 540,000 6 0
02 1404-PK Frontier Park - Southeast Corner Field Lighting 400,000 400,000 400,000 0
03 1504-PK Cockrell Park - Land Acquisition 1,050,000 1,050,000 650,000 1,6 400,000 0
04 Frontier Park - Southwest Corner Field Lighting 425,000 425,000 425,000 4 0
05 SH 289 Median Landscaping 550,000 550,000 550,000 1 0
06 Pecan Grove Irrigation 100,000 75,000 175,000 175,000 4 0
07 Frontier Park - Southeast Corner Field Lighting Phase 2 400,000 400,000 400,000 0 400,000
08 1303-PK Cockrell Park 90,000 643,000 733,000 90,000 6 643,000 643,000
09 Hike & Bike Trails 750,000 750,000 750,000 0 750,000
10 1417-PK Richland Boulevard Median Landscaping 5,000 170,000 175,000 5,000 4 170,000 170,000
11 Frontier Park, Phase II 6,000,000 6,000,000 6,000,000 6,000,000
12 Preston Lakes Playground 90,000 90,000 90,000 90,000
13 Sexton Farms Park, Phase I 12,000,000 12,000,000 12,000,000 12,000,000
0 1,135,000 2,025,000 475,000 1,393,000 0 0 18,260,000 23,288,000 2,435,000 800,000 0 1,150,000 18,903,000 0 0 400,000 1,393,000 0 0 18,260,000
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
01 1403-FC Cook Lane Fire Station - Land Acquisition 300,000 300,000 300,000 8 0
02 Public Works Temporary Building 203,000 203,000 203,000 4 0
03 1401-FC Windsong Ranch Fire Station 300,000 5,050,500 5,350,500 600,000 2,050,000 2,700,500 4,750,500
04 Motorola/Frisco System 1,400,000 1,400,000 500,000 900,000 1,400,000
05 1402-FC Town Hall - Multipurpose Facility 50,000 852,000 8,520,000 2,121,000 11,543,000 1,250,000 10,293,000 9,422,000 2,121,000
06 Central Fire Station, Phase II 850,000 850,000 850,000 850,000
07 Recreation Center 1,500,000 13,500,000 15,000,000 15,000,000 1,500,000 13,500,000
08 Cook Lane Fire Station (station,training,admin,EOC)14,670,000 14,670,000 14,670,000 14,670,000
09 Gentle Creek Fire Station 5,625,000 5,625,000 5,625,000 5,625,000
10 Library Facility 6,000,000 6,000,000 6,000,000 6,000,000
11 Parks and Recreation Maintenance Building 5,450,000 5,450,000 450,000 5,000,000 5,450,000
12 Police Station 7,000,000 7,000,000 1,000,000 6,000,000 7,000,000
13 Public Works Complex 5,450,000 5,450,000 450,000 5,000,000 5,450,000
14 Senior Facility 5,000,000 5,000,000 5,000,000 5,000,000
0 350,000 7,302,500 8,520,000 2,971,000 0 1,500,000 62,695,000 83,338,500 0 600,000 1,250,000 4,450,000 77,038,500 0 6,150,500 9,422,000 2,971,000 0 1,500,000 62,695,000
8,250,000 4,745,916 31,005,778 19,827,400 15,566,000 3,515,100 1,500,000 108,155,000 192,565,194 63,629,443 5,710,151 2,896,000 13,081,000 107,248,600 0 12,187,500 14,972,000 12,371,000 1,240,100 1,500,000 80,955,000
Summary of Five Year Capital Improvement Program - 01/27/2015
General Fund Projects
INDEXPARK PROJECTS PROJECT SCHEDULE TOTAL
PROJECT
COSTS
FUNDING SOURCES
OTHER
02
SOURCES
SUBTOTAL
GRAND TOTAL GENERAL FUND
UNISSUED DEBT SCHEDULE
OTHER
SOURCES
SUBTOTAL
FACILITY PROJECTS PROJECT SCHEDULE TOTAL
PROJECT
COSTS
FUNDING SOURCES UNISSUED DEBT SCHEDULEINDEX
Other Sources
0 - Impact Fees X - Non-Cash Contribution
1 - Grant and Interlocal Funds
2 - Other Sources (see Detail)
3 - Developer Agreements
4 - General Fund
5 - Water / Wastewater Fund
6 - Park Development Fund
7 - Stormwater Drainage Fund
8 - TIRZ #1
9 - TIRZ #2
Item 7
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
01 1202-WA Custer Pump Station, Phase II 5,103,000 5,103,000 310,000 0 4,793,000 0
02 1204-WA Upper Plane 30/24-inch Water Line 4,064,581 (10,100)4,054,481 365,000 0 3,689,481 0
03 Gates of Prosper Water Improvements, Phase 1 470,000 470,000 470,000 8 0
04 PRV's at BNSF Railroad 582,200 582,200 582,200 0
05 0407-WA Prosper Trail EST 517,300 4,403,300 4,920,600 517,300 4,403,300 4,403,300
06 1501-WA Lower Pressure Plane Pump Station and Transmission Line 185,100 1,655,000 15,456,800 17,296,900 127,081 0 58,019 17,111,800 1,655,000 15,456,800
07 County Line Elevated Storage Tank 937,500 4,687,200 5,624,700 5,624,700 937,500 4,687,200
08 Gates of Prosper Water Improvements, Phase 2 1,625,000 1,625,000 1,625,000 8 0
09 Gates of Prosper Water Improvements, Phase 3 900,000 900,000 900,000 8 0
10 Gates of Prosper Water Improvements, Phase 4 2,125,000 2,125,000 2,125,000 8 0
5,103,000 4,064,581 1,744,500 6,058,300 15,456,800 0 937,500 9,337,200 42,701,881 5,922,081 9,640,000 0 0 27,139,800 0 0 6,058,300 15,456,800 0 937,500 4,687,200
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
01 Doe Branch WWTP 16,000,000 16,000,000 3,000,000 5 13,000,000 0
02 LaCima LS#1 (Frisco)245,000 245,000 245,000 5 0
03 Landplan (Coit - First)300,000 300,000 300,000 3, 5 0
04 Gates of Prosper Wastewater Improvements, Phase 1 5,700,000 5,700,000 5,700,000 8 0
05 Matthew Southwest Wastewater Improvements 2,500,000 2,500,000 2,500,000 9 0
06 Decommission Wastewater Plant 900,000 900,000 900,000 900,000
07 Gates of Prosper Wastewater Improvements, Phase 2 320,000 320,000 320,000 8 0
08 Gates of Prosper Wastewater Improvements, Phase 3 180,000 180,000 180,000 8 0
0 16,000,000 8,745,000 0 0 0 0 1,400,000 26,145,000 12,245,000 13,000,000 0 0 900,000 0 0 0 0 0 0 900,000
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
01 Collin Court 10,000 10,000 10,000 7 0
02 Crooked Stick Drive 33,000 33,000 8,000 7 25,000 0
03 Downtown Drainage - Hawk Ridge Channel Improvements 165,000 165,000 165,000 3,7 0
04 Lakes of LaCima Outfall 250,000 250,000 250,000 0
05 Downtown Drainage - Church & Parvin Drainage Impr.500,000 500,000 500,000 500,000
06 Downtown Drainage - McKinley & Broadway Trunk Main 600,000 600,000 600,000 600,000
07 Downtown Regional Detention - Land Acquisition 1,500,000 1,500,000 1,500,000 1,500,000
08 Downtown Drainage - First & Main Trunk Main 800,000 800,000 800,000 800,000
09 Downtown Drainage - Fifth Street Trunk Main 400,000 400,000 400,000 400,000
10 Downtown Drainage - Detention Pond Improvements 1,000,000 1,000,000 1,000,000 1,000,000
0 0 458,000 2,600,000 800,000 400,000 1,000,000 0 5,258,000 183,000 275,000 0 0 4,800,000 0 0 2,600,000 800,000 400,000 1,000,000 0
5,103,000 20,064,581 10,947,500 8,658,300 16,256,800 400,000 1,937,500 10,737,200 74,104,881 18,350,081 22,915,000 0 0 32,839,800 0 0 8,658,300 16,256,800 400,000 1,937,500 5,587,200
03Summary of Five Year Capital Improvement Program - 01/27/2015
Enterprise Fund Projects
INDEXWATER PROJECTS
PROJECT SCHEDULE
UNISSUED DEBT SCHEDULE
OTHER
SOURCES
TOTAL
PROJECT
COSTS
FUNDING SOURCES UNISSUED DEBT SCHEDULE
OTHER
SOURCES
SUBTOTAL
SUBTOTAL INDEXDRAINAGE PROJECTS PROJECT SCHEDULE TOTAL
PROJECT
COSTS
FUNDING SOURCESINDEXWASTEWATER PROJECTS PROJECT SCHEDULE TOTAL
PROJECT
COSTS
FUNDING SOURCES
UNISSUED DEBT SCHEDULE
OTHER
SOURCES
SUBTOTAL
GRAND TOTAL ENTERPRISE FUNDS
1 - Grant and Interlocal Funds
2 - Other Sources (see Detail)
3 - Developer Agreements
4 - General Fund
5 - Water / Wastewater Fund
6 - Park Development Fund
7 - Stormwater Drainage Fund
8 - TIRZ #1
9 - TIRZ #2
Other Sources
0 - Impact Fees X - Non-Cash Contribution
Item 7
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
8,250,000 4,745,916 31,005,778 19,827,400 15,566,000 3,515,100 1,500,000 108,155,000 192,565,194 63,629,443 5,710,151 2,896,000 13,081,000 107,248,600 0 12,187,500 14,972,000 12,371,000 1,240,100 1,500,000 80,955,000
5,103,000 20,064,581 10,947,500 8,658,300 16,256,800 400,000 1,937,500 10,737,200 74,104,881 18,350,081 22,915,000 0 0 32,839,800 0 0 8,658,300 16,256,800 400,000 1,937,500 5,587,200
13,353,000 24,810,497 41,953,278 28,485,700 31,822,800 3,915,100 3,437,500 118,892,200 266,670,075 81,979,524 28,625,151 2,896,000 13,081,000 140,088,400 0 12,187,500 23,630,300 28,627,800 1,640,100 3,437,500 86,542,200
04
CAPITAL IMPROVEMENT PROGRAM
SUMMARY
PROJECT SCHEDULE
ENTERPRISE FUNDS
GRAND TOTAL CAPITAL IMPROVEMENT PROGRAM
TOTAL
PROJECT
COSTS
FUNDING SOURCES UNISSUED DEBT SCHEDULE
OTHER
SOURCES
GENERAL FUND
Summary of Five Year Capital Improvement Program - 01/27/2015
Capital Improvement Program Summary
Item 7
PRJ NO.TYPE DEPT CREATED UPDATED
1204-WA Water Eng 10/15/2012 1/27/2015
Prior Yrs 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024 TOTAL
4,707,000 (1,007,419)(10,100)3,689,481
365,000 365,000
0
5,072,000 (1,007,419)(10,100)0 0 0 0 0 4,054,481
Prior Yrs 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024 TOTAL
351,490 351,490
3,601,127 3,601,127
101,864 101,864
0
351,490 3,601,127 101,864 0 0 0 0 0 4,054,481
Annual
Impact 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024 TOTAL
0
0
0
0 0 0 0 0 0 0 0 0
Construction of a second water line out of the Custer Road Pump Station:
a 30-inch water line out of the pump station east to First Street and Coit Road,
and a 24-inch water line north along Coit Road to Quail Lake.
Design Consultant Freese and Nichols, Inc.
General Contractor Quality Excavation, Ltd.
PROJECT SCHEDULE
Design Start March 2012
Design Complete June 2013
Land Acquisition Complete
PROJECT DESCRIPTION LOCATION MAP
TOWN OF PROSPER 02 CAPITAL IMPROVEMENT PROGRAM
PROJECT TITLE
Upper Plane 30/24-inch Water Line
Utility Adjustment Complete n/a
September 2013
Construction Bid Opening November 2013
Construction Contract Award December 2013
Construction Start April 2014
Construction Complete September 2014
FUNDING SOURCES
REVENUE SUMMARY
TOTAL PROJECT COST
COST SUMMARY
PROJECT COST
Certificates of Obligation
Impact Fees Water
Professional Services Freese and Nichols, Inc.
OPERATING IMPACT
One-Time Impact
TOTAL PROJECT COST
Construction Quality Excavation, Ltd.
TOTAL PROJECTED OPERATING IMPACT
Construction Contingency
PROJECT ANNUAL OPERATING IMPACT
Item 7
PRJ NO.TYPE DEPT CREATED UPDATED
1501-WA Water Eng 1/28/2014 1/27/2015
Prior Yrs 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024 TOTAL
58,019 58,019
1,655,000 15,456,800 17,111,800
127,081 127,081
0
0 0 185,100 1,655,000 15,456,800 0 0 0 17,296,900
Prior Yrs 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024 TOTAL
185,100 1,655,000 1,840,100
200,000 200,000
15,256,800 15,256,800
0
0 0 185,100 1,655,000 15,456,800 0 0 0 17,296,900
Annual
Impact 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024 TOTAL
0
0
0
0 0 0 0 0 0 0 0 0TOTAL PROJECTED OPERATING IMPACT
OPERATING IMPACT
One-Time Impact
PROJECT ANNUAL OPERATING IMPACT
PROJECT COST
Land & ROW Acquisition
Construction
Professional Services
TOTAL PROJECT COST
COST SUMMARY
Construction Start January 2017
Construction Complete March 2018
REVENUE SUMMARY
FUNDING SOURCES
Certificates of Obligation
TOTAL PROJECT COST
Impact Fees Water
New Debt
PROJECT DESCRIPTION LOCATION MAP
General Contractor TBD
PROJECT SCHEDULE
Design Start January 2015
Design Complete September 2016
Utility Adjustment Complete December 2016
Construction Bid Opening October 2016
Construction Contract Award
TOWN OF PROSPER 06 CAPITAL IMPROVEMENT PROGRAM
PROJECT TITLE
Lower Pressure Plane Pump Station & Transmission Line
November 2016
Land Acquisition Complete June 2016
Construct a new 10 MGD pump station on the existing Custer Road Pump
Station site and construct a 42-inch water transmission line from the pump
station to Dallas Parkway to serve the Lower Pressure Plane.
Design Consultant TBD
Item 7
Page 1 of 2
To: Mayor and Town Council
From: Matt Richardson, P.E., Senior Engineer
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – January 27, 2015
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Professional Engineering
Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, related to the
Lower Pressure Plane 42-Inch Transmission Line Alignment Study Project.
Description of Agenda Item:
The Water System Master Plan includes the construction of a dedicated 10 MGD pump station and
42-inch water transmission line to supply water to the lower pressure plane located west of the
Burlington Northern Santa Fe (BNSF) Railroad. Based on growth trends and modeling of the water
system, the plan recommends that these new facilities be online by the summer of 2018 to supply
additional water to fast growing areas on the west side of Prosper. This project was added to the
Capital Improvement Program as part of the FY 2014-2015 budget approval process with the
following funding levels:
Phase Budget
Alignment Study $ 175,000
Land Acquisition $ 200,000
Final Engineering $ 1,655,000
Construction $15,256,800
This professional services agreement in the amount of $185,100 is for preliminary engineering
services related to an alignment study for the proposed 42-inch water transmission line and a site
selection study for the 10 MGD pump station. The proposed transmission line is anticipated to run
within or parallel to Richland Boulevard and Lovers Lane from Coit Road to the Dallas North
Tollway, as shown on the attached location map. Staff and the consultant will work with property
owners to refine the roadway alignment and to determine the location of the transmission line
relative to the roadway.
The 10 MGD pump station is currently anticipated to be located at the existing Custer Road Pump
Station site. However, staff and the consultant will work with the North Texas Municipal Water
District to determine if an alternative site is feasible from a supply standpoint. Additional analysis
and coordination with property owners will then be conducted to determine if a feasible location
can be identified. Finally, staff and the consultant will work with the impacted property owners to
identify an alignment for the 42-inch transmission line from the selected pump station site to
Richland Boulevard.
Prosper is a place where everyone matters.
ENGINEERING
Item 8
Page 2 of 2
The scope of services is generally limited to a desktop study utilizing aerial photography, property
data, development and infrastructure plans, and other publicly available information. Limited
topographic survey and environmental investigation is included, if necessary, to better identify
potential risks to the water line alignment and pump station site such as wetlands, creek crossings,
and franchise utilities. Meetings with property owners and an update to Town Council are included
within the scope of services. Also included are preparation of easement documents.
A list of qualified firms to provide professional engineering and related services to the Town of
Prosper was approved by Town Council on March 25, 2014. Freese & Nichols, Inc., is one of six
firms on the list, qualified in the area of water/sewer design and is the most familiar with the Town’s
water infrastructure.
Budget Impact:
This contract is in the amount of $185,100. An amendment to the Capital Improvement plan is also
on this Town Council agenda to increase the FY 2014-2015 budget for the alignment study from
$175,000 to $185,100.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the standard professional services
agreement as to form and legality.
Attached Documents:
1. Water System Master Plan
2. Professional Engineering Services Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a
Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of
Prosper, related to the Lower Pressure Plane 42-Inch Transmission Line Alignment Study Project.
Proposed Motion:
I move to the authorize the Town Manager to execute a Professional Engineering Services
Agreement between Freese and Nichols, Inc., and the Town of Prosper, related to the Lower
Pressure Plane 42-Inch Transmission Line Alignment Study Project.
Item 8
C o l l i n C o u n t y
C o l l i n C o u n t y
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!A!A!AProposed 2.5 MGFM 1385 EST (2030)Overflow Elev.: 785 ft
Proposed 2.5 MGCounty Line EST (2021)Overflow Elev.: 785 ft
NTMWDDelivery Point
2.0 MGPreston Rd. EST
Overflow Elev.: 926 ft
Proposed 2.0 MGProsper Trail EST (2015)
Overflow Elev.: 926 ft
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LEGEND
!APressure Reducing Valve
(#UT 2011 - 2021
Elevated Storage Tank
(#UT 2022 - Buildout
Elevated Storage Tank
(#UT Existing
Elevated Storage Tank
UT
Existing
Ground Storage Tank
[Ú Existing Pump Station
2011 - 2021
Water Line Improvement
2022 - Buildout
Water Line Improvement
8" and Smaller Water Lines
10" and Larger Water Lines
Road
Railroad
Stream
Lake
Parcel
Town Limit
ETJ Boundary
County Boundary
Lower Pressure Plane
Upper Pressure Plane
FIGURE 3-6TOWN OF PROSPERBUILDOUT WATER SYSTEM CAPITAL IMPROVEMENT PROJECTS
0 1,750 3,500
SCALE IN FEET
I
Expand UPP PS to 20 MGD and Add 5.0 MG GST
(2013)
Construct 10 MGD LPP Pump Station
(2018)
Expand UPP PS to 30 MGD, Add 5.0 MG GST
and Expand LPP to 25 MGD (2024)
Expand LPP PS to 40 MGD and Add 5.0 MG GST
(2034)
NTMWD Delivery Point Improvements
(10
(24
(35
(1A
Created By Freese and Nichols, Inc.
Job No.: PRP11118
Location: H:\W_WW_PLANNING\FINAL_REPORT\(Figure_3-6)_Water_CIP_(2021_and_Buildout).mxd
Updated: Friday, November 11, 2011 10:54:20 AM
Item 8
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC.,
FOR THE LOWER PRESSURE PLANE 42-INCH TRANSMISSION LINE
ALIGNMENT STUDY PROJECT (1501-WA)
This Agreement for Professional Engineering Services, hereinafter called ''Agreement," is
entered into by the Town of Prosper, Texas, a municipal corporation, duly authorized to act by the
Town Council of said Town, hereinafter called "Town," and Freese and Nichols, Inc., a Texas
corporation, acting through a duly authorized officer, hereinafter called "Consultant," relative to
Consultant providing professional engineering services to Town. Town and Consultant when mentioned
collectively shall be referred to as the "Parties."
WITNESS ETH:
WHEREAS, Town desires to obtain professional engineering services in connection with the
Lower Pressure Plane 42-inch Transmission Line Alignment Study Project (1501-WA), hereinafter
called "Project";
For the mutual promises and benefits herein described, Town and Consultant agree as follows:
1. Term of Agreement. This Agreement shall become effective on the date of its
execution by both Parties, and shall continue in effect thereafter until terminated as provided herein.
2. Services to be Performed by Consultant. The Parties agree that Consultant shall
perform such services as are set forth and described in Exhibit A -Scope of Services and incorporated
herein as if written word for word. All services provided by Consultant hereunder shall be performed in
accordance with the degree of care and skill ordinarily exercised under similar circumstances by
competent members of their profession. In case of conflict in the language of Exhibit A and this
Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other
provisions of this Agreement may only be made by written agreement signed by all Parties to this
Agreement.
3. Prompt Performance by Consultant. Consultant shall perform all duties and services
and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to
cause Consultant's services hereunder to be timely and properly performed. Notwithstanding the
foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further
defined in any specific task orders, in a manner consistent with these task orders; however, the Town
understands and agrees that Consultant is retained to perfonn a professional service and such services
must be bound, first and foremost, by the principles of sound professional judgment and reasonable
diligence.
4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory
completion of all services included in this Agreement a total fee of One Hundred Eighty-Five Thousand
One Hundred dollars ($185.100) for the Project as set forth and described in Exhibit B-Compensation
Schedule and incorporated herein as if written word for word. Lump sum fees shall be billed monthly
based on the percentage of completion. Hourly not to exceed fees shall be billed monthly based on
homs of work that have been completed. Direct Costs for expenses such as mileage, copies, scans, sub-
consultants, and similar costs are included in fees and shall be billed as completed.
PROFESSIONAL ENGfNEERTNG SERVlCES AGREEMENT PAGE I OF 14
Item 8
Consultant agrees to submit statements to Town for professional services no more than once per
month. These statements will be based upon Consultant's actual services performed and reimbursable
expenses incurred, if any, and Town shall endeavor to make prompt payments. Each statement
submitted by Consultant to Town shall be reasonably itemized to show the amount of work performed
during that period. If Town fails to pay Consultant within sixty (60) calendar days of the receipt of
Consultant's invoice, Consultant may, after giving ten (10) days written notice to Town, suspend
professional services until paid.
Nothing contained in this Agreement shall require Town to pay for any work that is
tll1satisfactory as reasonably determined by Town or which is not submitted in compliance with the
tenns of this Agreement.
The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in
excess of the original proposed amount unless Town shall have approved in writing in advance (prior to
the performance of additional work) the payment of additional amounts.
5. Town's Obligations. Town agrees that it will (i) designate a specific person as Town's
representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints,
special Town requirements, or other pertinent information known to Town, when necessitated by a
project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance
of Consultant's work for Town, (iv) make prompt payments in response to Consultant's statements and
(v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use,
without independent verification and without liability, all information and services provided by Town or
Town's representati vcs.
6. Ownership and Reuse of Documents. Upon completion of Consultant's services and
receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and
documents prepared or assembled by Consultant under this Agreement and that Town may use them
without Consultant's permission for any purpose relating to the Project. Any reuse of the documents not
relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports,
drawings, specifications and all other pertinent information for the work it performs for Town.
7. Town Objection to Personnel. If at any time after entering into this Agreement, Town
has any reasonable objection to any of Engineer's personnel, or any personnel, professionals and/or
consultants retained by Engineer, Engineer shall promptly propose substitutes to whom Town has no
reasonable objection, and Engineer's compensation shall be equitably adjusted to reflect any difference
in Engineer's costs occasioned by such substitution.
8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force
throughout the duration of this Agreement applicable insurance policies as described in Exhibit C -
Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit
to Town proof of such insurance prior to commencing any work for Town.
9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO
RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS,
AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST
LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING,
PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE2OF14
Item 8
BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES AND COSTS OF
LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY
OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT,
ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS,
EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY
LIABLE \VITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT.
IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY
NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED
ON A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY AND THAT NEITHER
PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR
THAT PARTY'S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS.
l 0. Notices. Any notices to be given herelll1der by either Party to the other may be affected
either by personal delivery, in writing, or by registered or certified mail to the following addresses:
Freese and Nichols, Inc.
Jeff Payne, P.E.
PrincipalNice President
6136 Frisco Square Blvd, Ste 200
Frisco, TX 75034
Town of Prosper
Harlan Jefferson
Town Manager
121 W. Broadway
PO Box 307
Prosper, TX 75078
11. Termination. The obligation to provide fwther services under this Agreement may be
tcnninated by either Party in writing upon thirty (30) calendar days notice. ln the event of termination
by Town, Consultant shall be entitled to payment for services rendered through receipt of the
termination notice.
12. Sole Parties and Entfre Agreement. This Agreement shall not create any rights or
benefits to anyone except Town and Consultant, and contains the entire agreement between the Parties.
Oral modifications to this Agreement shall have no force or effect.
13. Assignment and Delegation. Neither Town nor Consultant may assign their rights or
delegate their duties without the written consent of the other Pa1ty. This Agreement is binding on Town
and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any
personal liability on the part of any Town officer, employee or agent.
14. Texas Law to Apply; Successors; Construction. This Agreement shall be
construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and
imrre to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any
provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void,
and this Agreement shall be construed as if such provision had never been contained herein.
15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest
requirement of the Town Charter, which is repeated in Exhibit D -Contlict of Interest Affidavit and
incorporated herein as if written word for word, and will abide by the same. Further, a lawful
representative of Consultant shall execute the Affidavit included in the exhibit. Consultant understands
PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE3 OF 14
Item 8
and agrees that the existence of a prohibited interest during the term of this Agreement will render the
Agreement voidable.
Consultant agrees that it is further aware of the vendor disclosure requirements set forth in
Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a
lawful representative of Consultant shall execute the Conflict of Interest Questionnaire) Form CIQ,
attached hereto as Exhibit E -Conflict of Interest Questionnaire and incorporated herein as if written
word for word.
16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper,
Texas, and iflegal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas.
17. Mediation. In the event of any disagreement or conflict concerning the interpretation of
this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories
agree to submit such disagreement to non-binding mediation.
18. P1·evailing Party. In the event a Party initiates or defends any legal action or proceeding
to enforce or interpret any of the tenns of this Agreement, the prevailing party in any such action or
proceeding shall be entitled to recover its reasonable costs and attorney's fees (including its reasonable
costs and attorney's fees on any appeal).
19. Signatories. Town warrants and represents that the individual executing this Agreement
on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant
warrants and represents that the individual executing this Agreement on its behalf has full authority to
execute this Agreement and bind Consultant to same.
IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have
executed such in duplicate copies) each of which shall have full dignity and force as an original, on the
___ day of 20
FREESEANDN TOWN OF PROSPER, TEXAS
By: By:
Signature
Jeff Payne, P.E. Harlan Jefferson
Printed Name Printed Name
PrincipalNice President Town Manager
Title Title
¥1~
Date Date
PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE4 OF 14
Item 8
EXHIBIT A
SCOPE OF SERVICES
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC.,
FOR THE LOWER PRESSURE PLANE 42-INCH TRANSMISSION LINE
ALIGNMENT STUDY PROJECT (1501-WA)
I. PROJECT DESCRIPTION
In 201 t, the Town of Prosper authorized with Freese and Nichols, Inc. (FNI) to perform an impact fee
analysis on the Town's water and wastewater system within the Water, Wastewater and Roadway
Jmpact Fee Report. This report recommended 10 MOD of firm pumping capacity to the Lower Pressure
Plane (LPP) by the year 2018. This report and the previous Water and Wastewater Capital Improvement
Plan performed by FNI in 2006 has shown both the Upper Pressure Plane (UPP) and LPP pump stations
at the existing delivery point (Prosper Delivery Point No. 1) near the intersection of US 380 and Custer
Road. This delivery point is supplied by an existing North Texas Municipal Water District (NTMWD),
48-inch diameter pipeline. This pipeline is generally routed from the south through the City of Frisco
and crosses US 380 in to the Town of Prosper near Redbud Estates (approximately 1 mile east of Coit
Road).
The Town has expressed interest in establishing a second delivery point west of the current Custer Road
site. A second delivery point has the potential to provide power redundancy, if within a separate circuit,
and lower discharge pressure for the future LPP Pump Station (PS) resulting in energy savings as well as
a shortened proposed 42-inch LPP supply pipeline.
This project will provide an analysis for a second delivery point in addition to developing the final
pipeline alignment from the LPP PS to the 16-inch water line along the Dallas Tollway. The most
feasible aligrunent through the Town is generally within or adjacent to existing or future roadways. The
Town's cWTent thoroughfare plan proposes two roadways that represent a large percentage of the
pipeline length. These two roadways are Richland Boulevard and Lovers Lane (see attached exhibit).
This project will consider the future aligrunent of these roadways in conjunction with the proposed
pipeline.
FNI will perform all required investigations, obtain current roadway plans from developers along,
surveying and engineering needed to establish the final pipeline aligrunent. An aligrunent selection
report with aerial map book and proposed construction costs will be submitted. Prope1ty boundary
work, preparation of easement documents, limited topographical survey and enviromnental services will
be performed as a Special Service.
II. TASK SUMMARY
A. BASIC SERVICES (LUMP SUM)
Task 1 -Prosper Delivery Point# 2: FNI will analyze the feasibility of a second delivery point from the
NTMWD system. If at any point the second delivery point is folUld to be technically infeasible FNJ
shall proceed directly to the technical memorandum (Task 2.6). The following services shall be
provided:
PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 5OF14
Item 8
1. Conduct one (1) kick-off meeting with Town staff to identify potential delivery point locations
and goals of task.
2. Perform required modeling to verify the NTMWD system pressures within the existing 48-inch
pipeline to include the future north supply pipeline.
3. Conduct one (1) coordination meeting with NTWMD and Town staff to discuss a proposed
second delivery point and any requirements from NTMWD.
4. Identify one (I) conceptual site for the future delivery point. A detailed site analysis or site plan
will not be developed under this scope, but considerations such as site elevation, power
availability, and access will be considered. Detailed site analysis and selection will be a future
task.
5. Develop a pro and con analysis for developing a second delivery point with a conceptual cost
analysis.
6. Produce a draft technical memorandwn summarizing the results of the analysis.
7. One (1) review meeting to discuss the results within the draft technical memorandum.
Task 2 -Main 42-inch Pipeline Alignment Study: The main focus of this task will be to develop a final
roadway aligrunent for the proposed Richland Blvd and Lovers Lane from 900 feet east of Coit Road
west to the Dallas North Tollway that will be used to detennine the final route of the pipeline. The
following tasks shall be performed:
1. Data Collection
a. Obtain copies of available aerial photos, 2-foot contours, and other mapping data covering
the route corridors from the Town.
b. Collect available property ownership information from the Appraisal District system to assist
in alignment routing.
c. Gather proposed roadway development plans. In addition, the Town will provide any
platming documents or surveys previously received on proposed roadway aligrunents.
d. Inventory existing water and wastewater system from available records along the route
corridors.
e. Account for future system expansion including water, wastewater and thoroughfare plans.
f. Develop a base map with aerial photos, 2-foot contours, parcel info1mation, and existing
utility information.
g. Gather data on Town's roadway standards and typical sections.
2. One (1) meeting wm be held between FNI and Town staff to discuss proposed alignments of
Lovers Lane and Richland Blvd between the Dallas North Tollway and the end of Richland Blvd
at Rogers Middle School. Future intersections requirements and creek crossings/ bridges will be
discussed.
3. Town staff will coordinate up to three (3) meetings with significant property owners along the
proposed alignment. This scope does not include any meetings with landowners or developers
along the proposed alignment. The Town staff will provide FNI information gathered from the
landowners regarding their plans or desires for the proposed aligrunent.
4. Develop a preliminary roadway alignment and right-of-way strip map considering all available
inputs.
5. Submit a draft PDF llxl7 map book identifying property owner information, horizontal
alignment geometry and identify any proposed stream crossings.
6. Conduct one (1) review meeting with Town Staff to discuss the map book.
7. Revise the alignment based on comments received from the Town and provide an updated map
PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE60F 14
Item 8
book to the Town for coordination with the landowners.
8. Town staff will coordinate the review of the aligrunent with the landowners and provide
comments to FNI. This task will include two (2) revisions dwing this process to the aligrunent.
Additional revisions will be as a special services.
9. A final map book will be provided after a final alignment has been selected by the Town.
10. Develop up to four ( 4) typical cross sections showing the placement of the pipeline within the
proposed Right-of-Way (ROW). lt is anticipated the pipeline could be located under the median,
under a travel lane, within the parkway or outside the ROW, but within an easement.
11. Conduct one (1) design workshop to discuss the proposed cross sections.
Task 3 -"Spur" Pipeline Aligrunent Study: Once the location of the future LPP PS is selected under
Task 1, this task will be to develop the final pipeline alignment option to complete the pipeline
aligrunent from Richland Blvd 900' east of Coit Road to the proposed LLP Pump Station. This spur
pipeline will either extend the pipeline to the cmTent Custer Road PS or the selected new LPP PS site.
The following tasks shall be performed:
1. Initial Alignment Options
a. Attend one (1) meeting with Landplan to discuss current roadway planning. Town staff will
handle all subsequent coordination meetings.
b. Develop up to two (2) alignment options for the proposed pipeline considering such elements
as cost, impacts on businesses and residents, utility conflicts, proximity to future
thoroughfares, environmental impacts, and coordination with other projects and
developments.
c. Engineer shall perform one (1) site visit to observe the alignment options. All environmental
tasks are a special service.
d. Each option will be mapped in an 11x17 map book, conceptual level opinions of probable
construction cost will be generated for each option, and a preliminary landowner crossing list
will be generated for each option. The two aligrunent options studied will be summarized in
a draft memorandum along with a recommendation for a prefem~d alignment.
2. Utility Coordination
a. Contact various utility companies for infmmation regarding utilities crossings along the
possible pipeline aligrunents. Author correspondence to public and private utility companies
with potential facilities in the area notifying them of the project and requesting information
as to the location of any of their existing, proposed or relocated facilities.
3. Permanent & Temporary Easement Width
a. Evaluate the permanent and temporary easement width required considering potential pipe
materials) construction area required, future parallel pipelines, access routes and construction
unloading during the construction of those pipelines for the recommended alignment.
lnclude recommendations for easement width in the alignment selection technical
memorandum.
Task 4 -Alibrmnent Technical Memorandum & Map Book: This task will bring together the previous
thee tasks into a final 11"x17" map book deliverable with a technical memorandum summarizing the
alignment and pump station location. The following tasks shall be performed:
1. Draft Technical Memorandum
a. Prepare a report detailing the findings of the activities performed in the ali!:,rmnent
selection for the proposed pipeline.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 7OF14
Item 8
b. Prepare the Consultant's opinion of probable cost for the preferred alignment selected by
the previous tasks.
c. Submit three (3) hard copies and a PDF copy of the draft technical memorandum for
review.
2. Draft Alignment Map Book
a. Develop a horizontal alignment map book using publically available aerial photos and
other map data provided by the Town.
b. The map book will include the property owner information, property botmdaries, 2-foot
contours, significant environmental constraints, proposed road ROW limits, proposed
permanent easements, temporary casements, and centerline of the pipeline. No
appurtenances will be included.
c. Submit three (3) half-size (11"xl7") hard copies of the map book and PDF copy, at
1 ":40' scale, to the Town for review.
3. Prepare presentation and attend one (1) Cotmcil meeting to brief Council on the progress of the
alignment selection.
4. Alignment Selection Meeting
a. Meet with the Town to review the alignment options and the prefe1red alignment within
the draft technical memo and draft map book. IF environmental services are requested
FNI environmental scientist will attend this meeting to discuss the field findings and
USACE permitting process.
5. Finalize Technical Memorandum and Map book
a. Comments from the meeting shall be incorporated into the teclmical memorandtun and
map book following the review meeting. Additional alignments above the three initially
developed will be considered an additional service.
b. Resolve any questions and adjust the alignments based on Town comments prior to
release of surveying. Survey to be complete in accordance with the Special Services.
c. Prepare additional discussion of the preferred alignment, including environmental
findings and topographical survey findings as specified within the Special Services.
Those tasks will be complete upon approval of the Town.
d. Submit three (3) hard copies and a PDF copy of the revised final technical memorandum
and final map book summarizing the alignment study and recommending the referred
alignment.
B. SPECIAL SERVICES (HOURLY NOT-TO-EXCEED)
Task 5 -Coordination Meetings: Additional meetings, at the request of the Town, to meet with
developers or staff to discuss the proposed alignment, schedule and other pertinent information,
maximtun of five (5).
Task 6 -Property Map: Consultant will subcontract with a surveying firm to provide surveying services.
Coordination of the letters of permission for access to private properties for surveying as needed.
Consultant shall mail the letters and perform follow-up phone calls as necessary to obtain the signed
letters. In the event of a landowner denial of access, the Town shall take over coordination for that
property to gain right of entry. The services listed below are based upon creation of an ownership map
of properties within the proposed alignment and establishing control for the pipeline alignment.
Easements will be prepared upon the direction of the Town. A detailed scope of work is described
below.
PROFESSIONAL ENGJNEERING SERVICES AGREEMENT PAGE 8 OF 14
Item 8
1. Ownership Data -Research property ownership of the affected parcels and obtain copies of
deeds, subdivision plats, right-of-way maps and ownership addresses along the route. Prepare a
landowners Excel spreadsheet to include parcel number and landowner's name and address.
Prepare a deed plot of all ownerships, subdivisions, and lights-of-way within one hundred feet
either side of the proposed pipeline alignment. All properties shall be munbered to match the
corresponding list of landowners in the Excel spreadsheet.
2. Property Map -Locate property corners of parcels that are affected by the proposed pipeline
alignment. Calculate property lines, easement lines, and light-of-way lines of existing streets
and utilities.
3. Control Points -Establish permanent vertical control benchmarks and horizontal control points at
the beginning and the end of the proposed pipeline and along the pipeline centerline at a
minimum of 2,500-foot intervals from Texas State Plane Coordinate System NAO 83 and
NA VD 88 control. Provide all work in surface coordinates. All work shall meet the
requirements of the TSPS Manual of Practice for Land Surveying in the State of Texas, and shall
be provided by GPS/VRS methodology. No differential leveling will be performed under this
task.
Task 7 -Easement Documents: At the request of the town, prepare an exhibit and boundary easement
description for each tract that the proposed pipeline will cross. The legal descriptions and plats shall
meet the criteria stated below. Easements shall be signed and sealed by a Registered Professional Land
Surveyor, currently registered in the State of Texas. Each easement shall have attached to it a copy of
the corresponding deed for that prope1ty and a closure computation sheet for the easement tract. A draft
copy of each easement shall be submitted. After review by the Town, Consultant shall incorporate
comments as approp1iate and submit one final copy of the easements and deeds to the Town. This
proposal is based upon preparation of thirty (30) easement documents with both permanent and
temporary areas. Easements prepared in excess of this number will be an additional service.
1. Exhibit Plats and legal descriptions must meet all the ruJcs of the Texas Board of Professional
Land Surveying and the Professional Land Surveying Practices Act. The Manual of Practice for
Land Surveying in the State of Texas, as published by the Texas Society of Professional
Surveyors, is the standard to which all consultant's survey work shall be performed. The latest
revision will be used.
2. Legal descriptions shall include sufficient information to identify the location, boundaries,
monumentation, and area of the described tract, as well as its relationship to the parent tract out
of which it is surveyed. Each legal description shall be accompanied by an exhibit plat which
depicts the worded description. Legal descriptions and Exhibit Plats shall be reproduced on 8
112 x 11 size paper. All must be legible. The Exhibit Plat or Legal Description should be able to
stand alone.
3. The Exhibit Plat should contain the following:
a. North Arrow
b. Graphic Scale
c. Legend
d. Mathematical Closure
PROFESS TONAL ENGINEERING SERVICES AGREEMENT PAGE90f 14
Item 8
e. Abstract name and number
f. Basis of bearing
g. Controlling Monuments
h. Check bearings and distances against legal description (They should be the same)
1. Show adjoiners
J. Show existing easements (with instrument recording information)
k. Exhibit plat should aclmowledge existence of the Legal description
l. Line and ctrrve tables are discouraged
m. Curve data must contain the following: delta, radius, length, long chord bearing and long
chord distance. State if curve is tangent or non-tangent.
n. The survey plat shall bear the firm name, surveyors name, address, and phone number of the
land surveyor responsible for the land survey, his/her official seal, his/her original signature,
and date surveyed (663.19.5)
o. Acreage to the appropriate number of decimal places. (no square feet)
4. The Legal Description shall contain the following (metes and bounds descriptions only):
a. General Description
1. Name of cWTent owner of record
2. Type of conveyance record (warranty deed, quit claim deed, etc.)
3. The conveyance instrument recording information (Deed record Volume and Page)
4. Survey Name and Abstract Number
5. County, Town, and State
b. Specific Description
1. POINT OF BEGINNING tied to a monumented corner of the parent tract
2. Check bearings and distances against Exhibit plat (They should be the same)
3. Curve data must contain the following: delta, radius, length, long chord bearing and long
chord distance. State if curve is tangent or non-tangent.
4. References to adjoining properties
5. Basis of Bearing
6. Legal description should aclmowledge existence of the Exhibit plat
7. Acreage to the appropriate number of decimal places. (no square feet)
Task 8 -Topographic I Design Survey: This task is intended to be used in areas where there are
significant terrain features or existing improvements that could affect the pipeline alignment. This task
may be used in full, partially, or none at all depending on the need for additional data in alignment
layout. This task has a maximum of 1,500 feet of 100 feet wide. Town and Consultant shall mutually
agree to survey limits prior to issuance of a work order. Additional survey will be an additional service.
It is anticipated that if used, this task wi11 be conducted on an as-needed basis and multiple trips will be
required. Locate all improvements within 50 feet either side of the proposed final pipeline centerline.
Provide elevations of all tops and toes of slope and at all vertical changes within 50 feet either side of
the proposed final pipeline centerline. This information shall be sufficient to generate a contour model
(DTM) of the proposed pipeline. Record a general description of the existing terrain. This shall include
the top elevation of all manholes as well as the invert elevations of all conduits entering and exiting the
manholes. Prepare a final digital topographic/desit,'11 survey drawing in AutoCad 2000 (or later version)
PROFESSIONAL ENGINEERJNG SERVICES AGREEMENT PAGE JOOF 14
Item 8
format at a scale of l "=40' including contour lines. The drawing shall show all features located,
horizontal and vertical control points, property lines, existing easement lines, and existing visible
utilities. Other deliverables shall include a copy of all field notes and field sketches, a hard copy
coordinate list of points located in the field and a digital ASCII point list.
Task 9 -Environmental Services: This environmental scope of services only applies to the
approximately 30,000 linear feet (LF) of proposed pipeline alignment for the 42" treated water line from
the Custer Road Pump Station to the Dallas North Tollway in Prosper, Collin County, Texas. This
scope assumes that the pipeline can be designed and authorized under the terms and conditions of
Nationwide Permit 12 (NWP 12), Utility Line Activities, without a pre-construction notification (PCN).
FNI proposes the following scope of services to address these requirements:
1. Desktop Review: Assemble readily available environmental data and perform a desktop
mapping review of the aligrunent study options for potential environmental constraints. Findings
from this task shall be incorporated in the draft technical memorandum and draft map book
2. Compile Information: Assemble data such as aerial photos, ROW limits, and aligrunents in
digital format for site visit of the selected alignment. The selected alignment will be based on
the alignment study and the results of Task 1, above. As part of this task, FNI will create a data
dictionary for the GPS data logger for data collection.
3. Conduct Site Visit: FNI envirorunental scientists will conduct a site visit to observe and
docwnent existing conditions (environment) and assess project impacts along the preferred
alignment. The presence and general locations of waters of the U.S., including wetlands;
potential threatened or endangered species habitat; and vegetation will be identified in the
proposed ROW. This scope does not include a delineation of waters of the U.S.
4. Consult with Texas Historical Commission (THC): Projects sponsored by public entities that
affect a cumulative area greater than five acres or that disturb more than 5,000 cubic yards
require advance consultation with the Texas Historical Commission according to Section
191.0525 (d) of the Antiquities Code of Texas. Because the proposed project is expected to
exceed these thresholds, coordination with THC will be required. FNI will prepare a letter to the
THC describing the project and requesting their review. Any follow up studies required by the
THC shall be documented in the final teclmical memorandwn but are not included in this scope
of services. An archeological survey is not included in this scope of services.
5. Prepare Technical Memorandum: FNI will docwnent the results of the field study including
water crossing data forms, photos, OPS information, and an opinion on Section 404 permitting
requirements. FNI will then recommend what, if any, additional studies are needed and a
proposed course of action needed to get the project authorized under NWP 12. Additional
studies are not included in this scope of services. Findings from this task shall be incorporated in
the final technical memorandwn and final map book.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 11OF14
Item 8
III. DELIVERABLES
Task 1 -Prosper Delivery Point# 2
Task 2 Main 42-inch Pipeline
Alignment Study
Task 3 -Spur Pipeline Aligrunent Study
Task 4 Alignment Technical
Memorandum & Map Book
Task 5 -Coordination Meetings
Task 6 -Property Map
Task 7 -Easement Documents
Task 8 -Topographical/ Design Survey
Task 9 -Environmental Services
Technical Memorandum identifying one conceptual site
including considerations to site elevations, power
availability, access and costs.
A 11x17 PDF map book detailing the proposed roadway
and pipeline alignment between the Dallas North Tollway
and the end of Richland Blvd with preferred cross section.
PDF 11x17 map book with a preferred aligrunent options
based off the results from Task 1 and 2 with an OPCC
A technical memorandum and 11"x1 r aerial map book
with the preferred alignment option including OPCC,
roadway cross section and easement widths.
Meeting documentation and updated exhibits
AutoCAD boundary information including the ownership
information, property corners and control points.
Exhibits and legal descriptions for the proposed permanent
and temporary easements.
AutoCAD file with horizontal and vertical control points,
property lines, existing easements, existing utilities and 1-
foot contours.
Documentation from field observations and permit
requirements to be included within Task 4 Technical
Memorandum.
PROFESSIONAL ENGINEERING SER VICES AGREEMENT PAGE 12 OF 14
Item 8
EXHIBITB
COMPENSATION SCHEDULE
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC.,
FOR THE LOWER PRESSURE PLANE 42-INCH TRANSMISSION LINE
ALIGNMENT STUDY PROJECT (1501-WA)
I. COMPENSATION SCHEDULE
Task Completion Compensation
Schedule Schedule
Notice-to-Proceed January 2014
Task 1 -Prosper Delivery Point #2 April 2015 $20,100
Task 2 -Main 42-inch Pipeline Alignment Study July 2015 $32,000
Task 3 -Spur Pipeline Alignment Study August 2015 $27,650
Task 4 -Alignment Teclmical Memorandum & October 2015 $32,500
Map Book
Task 5 -Coordination Meetings As Needed $6,000
Task 6 -Property Map March 2015 $20,700
Task 7 -Easement Documents N ovembcr 2015 $17,250
Task 8 -Topographic I Design Survey As Needed $6,900
Task 9 -Environmental Services As Needed $22,000
Total Compensation $185,100
II. COMPENSATION SUMMARY
Basic Services (Lump Sum) Amount
Task 1 -Prosper Delivery Point #2 $20,100
Task 2 -Main 42-inch Pipeline Alignment Study $32,000
Task 3 -Spur Pipeline Aligrunent Study $27,650
Task 4 -Alignment Tcclmical Memorandum & $32,500
Map Book
Total Basic Services: $112,250
Special Services (Hourly Not-to-Exceed) Amount
Task 5 -Coordination Meetings $6,000
Task 6 -Property Map $20,700
Task 7 -Easement Documents $17,250
Task 8 -Topographic I Design Survey $6,900
Task 9 -Enviromnental Services $22,000
Total Special Services: $72,850
PROFESS JON AL ENGINEERING SERVICES AGREEMENT PAGE 13OF14
Item 8
Direct Expenses Amount
None $0
Total Direct Expenses: $0
PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 140F 14
Item 8
Page 1 of 2
To: Mayor and Town Council
From: Matt Richardson, P. E., Senior Engineer
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – January 27, 2015
Agenda Item:
Consider and act upon awarding Bid No. 2015-19-B to Groves Electrical Service, Inc., related to
construction services for the SH 289 Median Lighting project; and authorizing the Town Manager to
execute a construction agreement for same.
Description of Agenda Item:
On January 13, 2015, at 3:30 pm, three bids were opened for the SH 289 Median Lighting project.
The verified totals from the bidders ranged between $896,429 and $965,250 with Groves Electrical
Service, Inc., being the lowest bidder. Groves has recently completed street lighting projects for
Frisco, Little Elm, and Addison. References provided were checked with positive responses.
This contract will construct continuous median street lighting on SH 289 (Preston Road) between
US 380 and Frontier Parkway, including installation of electrical wiring, pole foundations, and
decorative pole assemblies with dual LED lighting fixtures. A total of 84 lighting assemblies will be
installed along the approximate three miles of Preston Road.
The contract specifies a substantial completion time of 100 calendar days, or just over three
months. Periodic daytime lane closures on Preston Road will be necessary throughout the
duration of the project for the safety of the workers and the general public, but no significant
impacts to traffic flow are anticipated.
Budget Impact:
The SH 289 Median Lighting CIP project includes $1,000,000 in funding of which $50,000 was
budgeted for engineering and $950,000 was budgeted for construction. This contract in the
amount of $896,429 is less than the budgeted amount.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement
as to form and legality.
Attached Documents:
1. Street Light Detail
2. Location Map
3. Bid Tabulation Summary
4. Construction Agreement
Prosper is a place where everyone matters.
ENGINEERING
Item 9
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council award Bid No. 2015-19-B to Groves Electrical
Service, Inc., related to construction services for the SH 289 Median Lighting project; and authorize
the Town Manager to execute a construction agreement for same.
Proposed Motion:
I move to award Bid No. 2015-19-B to Groves Electrical Service, Inc., related to construction
services for the SH 289 Median Lighting project; and authorize the Town Manager to execute a
construction agreement for same.
Item 9
STREET LIGHTING FO
P
OR SH 289 (P
PAGE 10
PRESTON RROAD)
Item 9
SH 289 Median Lighting
(US 380 to FM 1461)
Item 9
Bid No: 2015-19-B Street Lighting for SH 289 (Preston Road)
Bid Opening: 1/13/15 at 3:30 PM
Base Bid
Groves Electrical Service, Inc. $ 896,429.00
Roadway Solutions, Inc. $ 959,880.00
Durable Specialties, Inc. $ 965,250.00
Certified By: January M. Cook, CPPO, CPPB Date: January 13, 2015
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 be construed 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 make a 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 the law, all bid/proposal responses received will be available for inspection at that
Item 9
STREET LIGHTING FOR SH 289 (PRESTON ROAD)
PAGE 14
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
________________________________, a ____________, (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:
STREET LIGHTING FOR SH 289 (PRESTON ROAD)
BID NO. 2015-19-B
in the Town of Prosper, Texas, and all extra work in connection therewith, under the
terms as stated in the terms of this Contract, including all Contract Documents
incorporated herein; and at his, her or their own proper cost and expense to furnish all
superintendence, labor, insurance, equipment, tools and other accessories and
services necessary to complete the said construction in accordance with all the
Contract Documents, incorporated herein as if written word for word, and in
accordance with the Plans, which include all maps, plats, blueprints, and other
drawings and printed or written explanatory manner therefore, and the Specifications
as prepared by Town of Prosper or its consultant hereinafter called Engineer, who has
been identified by the endorsement of the Contractor's written proposal, the General
Conditions of this Contract, the Special Conditions of this Contract, the payment,
performance, and maintenance bonds hereto attached; all of which are made a part
hereof and collectively evidence and constitute the entire Contract.
A. Contract Documents and Order of Precedence
The Contract Documents shall consist of the following documents:
1. this Construction Agreement;
2. properly authorized change orders;
3. the Special Conditions of this Contract;
4. the General Conditions of this Contract;
5. the Technical Specifications & Construction Drawings of this Contract;
6. the OWNER's Standard Construction Details;
7. the OWNER's Standard Construction Specifications;
8. the OWNER’s written notice to proceed to the CONTRACTOR;
Item 9
STREET LIGHTING FOR SH 289 (PRESTON ROAD)
PAGE 15
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
__________________________ Dollars and _____ cents ($ _____________). 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 100 calendar days after the date of the
Notice to Proceed for the base bid. Within 30 additional calendar days after Substantial
Completion, all outstanding issues shall be addressed and ready for final payment.
Under this Construction Agreement, all references to “day” are to be considered
“calendar days” unless noted otherwise.
D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER)
TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS,
OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE
CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS,
DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES
OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH
MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF,
Item 9
STREET LIGHTING FOR SH 289 (PRESTON ROAD)
PAGE 16
DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR,
OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY
OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS,
INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH
CONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING
TO, RESULTING FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS
CONTRACT, AND CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE
DEFEND AND PROTECT TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH
CLAIMS AND DEMANDS.
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER
WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS,
AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS,
COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES
OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR
INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE
OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE
OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS,
CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY,
LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART
FROM THE NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN
COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS
INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF
PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S)
OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE
OF THE INJURY, DEATH OR DAMAGE.
IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY
ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY
OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF
THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL
NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF
DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR
ANY SUB-CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE
BENEFIT ACTS.
INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT
COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY
EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN
INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY.
In its sole discretion, the Owner shall have the right to approve counsel to be retained by
Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain
approved counsel for the Owner within seven (7) business days after receiving written notice
from the Owner that it is invoking its right to indemnification under this Construction Agreement.
If Contractor does not retain counsel for the Owner within the required time, then the Owner
shall have the right to retain counsel and the Contractor shall pay these attorneys' fees and
expenses.
Item 9
STREET LIGHTING FOR SH 289 (PRESTON ROAD)
PAGE 17
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:
STREET LIGHTING FOR SH 289 (PRESTON ROAD)
BID NO. 2015-19-B
Town of Prosper
Attn: Purchasing Agent
121 W. Broadway
Prosper, Texas 75078
(a) Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed
Operations, Independent Contractors and Contractual Liability, with
minimum combined single limits of $1,000,000 per-occurrence,
$1,000,000 Products/Completed Operations Aggregate and $2,000,000
general aggregate. If high risk or dangerous activities are included in the
Work, explosion, collapse and underground (XCU) coverage is also
required. Coverage must be written on an occurrence form. The General
Aggregate shall apply on a per project basis.
(b) Workers’ Compensation insurance with statutory limits; and Employers’
Liability coverage with minimum limits for bodily injury: a) by accident,
$100,000 each accident, b) by disease, $100,000 per employee with a
per policy aggregate of $500,000.
(c) Umbrella or Excess Liability insurance with minimum limits of $2,000,000
each occurrence and annual aggregate for bodily injury and property
damage, that follows form and applies in excess of the above indicated
primary coverage in subparagraphs a and b. The total limits required
may be satisfied by any combination of primary, excess or umbrella
liability insurance provided all policies comply with all requirements. The
Contractor may maintain reasonable deductibles, subject to approval by
the Owner.
Item 9
STREET LIGHTING FOR SH 289 (PRESTON ROAD)
PAGE 18
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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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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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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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.
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Any Work performed by or for the Contractor to fulfill its warranty obligations shall be
performed in accordance with the Contract Documents. By way of example only, this is to
ensure that Work performed during the warranty period is performed with required insurance
and the performance and payment bonds still in effect.
Work performed during the two-year warranty period shall itself be subject to a one-year
warranty. This warranty shall be the same as described in this section.
The Owner may make as many warranty inspections as it deems appropriate.
N. Compliance with Laws
The Contractor shall be responsible for ensuring that it and any subcontractors
performing any portion of the Work required under the Contract Documents comply with all
applicable federal, state, county, and municipal laws, regulations, and rules that relate in any
way to the performance and completion of the Work. This provision applies whether or not a
legal requirement is described or referred to in the Contract Documents.
Ancillary/Integral Professional Services: In selecting an architect, engineer, land
surveyor, or other professional to provide professional services, if any, that are required by the
Contract Documents, Contractor shall not do so on the basis of competitive bids but shall make
such selection on the basis of demonstrated competence and qualifications to perform the
services in the manner provided by Section 2254.004 of the Texas Government Code and shall
so certify to the Town the Contractor's agreement to comply with this provision with Contractor's
bid.
O. Other Items
The Contractor shall sign the Construction Agreement, and deliver signed performance,
payment and maintenance bonds and proper insurance policy endorsements (and/or other
evidence of coverage) within ten (10) calendar days after the Owner makes available to the
Contractor copies of the Contract Documents for signature. Six (6) copies of the Contract
Documents shall be signed by an authorized representative of the Contractor and returned to
the Town.
The Construction Agreement "effective date" shall be the date on which the Town
Council acts to approve the award of the Contract for the Work to Contractor. It is expressly
provided, however, that the Town Council delegates the authority to the Town Manager or his
designee to rescind the Contract award to Contractor at any time before the Owner delivers to
the Contractor a copy of this Construction Agreement that bears the signature of the Town
Manager and Town Secretary or their authorized designees. The purpose of this provision is to
ensure:
1. that Contractor timely delivers to the Owner all bonds and insurance documents;
and
2. that the Owner retains the discretion not to proceed if the Town Manager or his
designee determines that information indicates that the Contractor was not the
lowest responsible bidder or that the Contractor cannot perform all of its
obligations under the Contract Documents.
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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 9
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Executive Director of Development and
Community Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – January 27, 2015
Agenda Item:
Discussion on Park Development and Open Space opportunities
Description of Agenda Item:
At the December 9, 2014, Town Council meeting to discuss potential improvements to Cockrell
Park, Town Council asked staff to look at existing park areas that may be improved to provide
additional practice space. After evaluating the existing park system, the follow list of existing park
areas could be improved:
Location Acreage of
Improvements Improvements Estimated
Cost
Cockrell Park 7 acres grading - (contract)
irrigation, hydromulching - (in house) $ 439,000
Hays Park 0.5 acre parking - (contract)
minor grading, sod, irrigation - (in house) $ 82,500
Pecan Grove Park
(2) locations 1 acre parking - (contract)
backstop - (in house) $ 35,000
Folsom Park 1 acre minor grading, sod, irrigation repair - (in house) $ 45,000
Fire Station Park
(First Street) 0.5 acre parking - (contract)
minor grading, sod, irrigation - (in house) $ 75,000
(in house work proposed to be performed during the off season)
Prosper is a place where everyone matters.
PARKS &
RECREATION
Item 10
Page 2 of 2
In addition to the existing park areas that could be improved, the following park areas have recently
been constructed that will provide additional practice space this year:
Location Acreage Improvements Status
Southwest Corner Frontier
Park 6 acres mulit-purpose field, backstops
and batting cages Complete
Cedar Grove Park
(Frontier Estates subdivision) 2 acres parking, multi-purpose field Complete Summer
2015
Other community and neighborhood park areas that are in various stages of development:
Community Parks
Location Acreage Improvements Status
Frontier Park North 15 acres revised Master Plan design underway Prelim Design
Sexton Park 70 acres Master Plan design underway Prelim Design
Windsong Ranch 50 acres parkland dedicated -
Neighborhood Parks
Location Acreage Improvements Status
Landplan 12.5 acres preliminary plat approved -
Cockrell Park
(Patin Property) 17 acres parkland dedicated -
Parks at Legacy 7 acres developer constructing
parking, multi-purpose field
2016
complete
Tanner’s Mill 9 acres developer constructing
multi-purpose field
2017
complete
Windsong Ranch 7.5 acres developer constructing
parking, multi-purpose field
2017
complete
Budget Impact:
There is currently no funding allocated to the improvements, so depending on the selection of
improvements, funding would need to be identified.
Attached Documents:
1. Cockrell Park Site Plan
2. Hays Park Site Plan
3. Pecan Grove Park Site Plan
4. Folsom Park Site Plan
5. Fire Station Park Site Plan
Town Staff Recommendation:
Town staff requests that the Town Council give direction on which improvements to pursue.
Item 10
Cockrell ParkItem 10
90 ft275 ftHays ParkItem 10
150 ft150 ftPecan Grove ParkItem 10
150 ft150 ftBACKSTOPPecan Grove ParkItem 10
~ 1 ACRE~ 1 ACREFolsom ParkItem 10
275 ft~.5 acresProperty LineFirst Street ParkItem 10