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05.12.2015 Town Council Packet Page 1 of 4 ] 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 meeting. (RB)  Regular Meeting – April 28, 2015 4b. Consider and act upon acceptance of a grant, in the amount of $4,878.96, from the Edge Reimbursement Program, and authorizing the Mayor to execute any award documents. (LS) 4c. Consider and act upon acceptance of a grant, in the amount of $2,365.40, from the Texas Book Festival, and authorizing the Mayor to execute any award documents. (LS) 4d. Consider and act upon a resolution authorizing various individuals as signers of specific accounts and certain investment matters. (KG) 4e. Consider and act upon a 380 agreement between Highland Homes and the Town of Prosper, and authorizing the Town Manager to execute same. (KG) 4f. Consider and act upon authorizing the Town Manager to execute a Landscape Maintenance Agreement between the Texas Department of Transportation and the Town of Prosper, Texas, related to maintenance obligations for landscape and irrigation improvements in the medians of SH 289 (Preston Road) from US 380 to FM 1461 (Frontier Parkway). (HW) 4g. Consider and act upon a resolution authorizing the reduction and release of the Town of Prosper’s extraterritorial jurisdiction and entering into a development agreement, as a result of the Extraterritorial Jurisdiction Allocation Agreement between the Town of Prosper, Texas and the City of Aubrey, Texas for the reduction and release of designated portions of the Town of Prosper’s Extraterritorial Jurisdiction, and Development Agreement between the Town of Prosper and CADG Comanche 248, LLC, by removing 145± acres of land from the Town’s extraterritorial jurisdiction, generally located west of FM 1385 and AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, May 12, 2015 6:00 p.m. Page 2 of 4 north of Bryan Road, and authorizing the Town Manager to execute the same. (HW) 4h. Consider and act upon an ordinance annexing an 18.6± acre tract of land, located on the south side of Prosper Trail, 2,500± feet west of Custer Road. (A15-0001). (JW) 4i. 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.) PUBLIC HEARINGS: 6. Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use Plan, located 500± feet north of Prosper Trail, 3,000± feet west of Dallas Parkway, from Low Density Residential to Medium Density Residential. The property is zoned Planned Development-60 (PD-60). (CA15-0003) [Companion case Z14-0016] (JW). 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) [Companion case CA15-0003] (JW) 8. Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use Plan, located on the northwest corner of Prosper Trail and future Shawnee Trail, from Medium Density Residential to Dallas North Tollway District. The property is zoned Single Family-15 (SF-15) and Commercial Corridor (CC). (CA15-0002). [Companion Case Z14-0005] (JW) 9. Conduct a Public Hearing and consider and act upon a request to rezone 67.7± acres, located on the northwest corner of Prosper Trail and Dallas Parkway, from Single Page 3 of 4 Family-15 (SF-15) and Commercial Corridor (CC) to Planned Development-Single Family/Office/Retail (PD-SF/O/R). (Z14-0005). [Companion case CA15-0002] (JW) DEPARTMENT ITEMS: 10. Consider and act upon an ordinance approving the Water Conservation Plan and Water Resource and Emergency Management Plan, amending the title of Article 13.05, “Water Conservation and Drought Contingency and Water Emergency Response Plan,” of Chapter 13, “Utilities,” of the Town’s Code of Ordinances, to “Water Conservation Plan and Water Resource and Emergency Management Plan,” amending section 13.05.001 “Plan Adopted” of Article 13.05, and amending section XVII “Water Conservation and Enforcement Fees,” of Appendix A of the Town’s Code of Ordinances. (FJ) 11. Consider and take action on a resolution directing the Town Secretary to publish notice of intent to issue Combination Tax and Surplus Revenue Certificates of Obligation for the purpose of funding costs of public safety and street projects in the Town. (KG) 12. Consider and act upon an ordinance amending the FY 2014-2015 budget allocating $107,521 from fund balance in the General Fund to Inspections and Municipal Court, as outlined in the attachment, to fund increasing building rental expense, reclassifying a current part-time Court Clerk to full-time, adding a new full-time Plans Examiner, and continuing the use of the professional services of Bureau Veritas North America, Inc., related to third-party building permit plan review and inspection services. (KG) 13. Discuss possible amendments to the Zoning Ordinance regarding Permitted Uses. (JW) 14. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: 14a. Section 551.087 – To discuss and consider economic development incentives. 14b. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. 14c. Section 551.074 – To discuss appointments to the Planning & Zoning Commission, Parks & Recreation Board, Prosper Economic Development Corporation Board, Board of Adjustment/Construction Board of Appeals, and Library Board. 15. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 16. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.  Town Hall Tour Update (HW) 17. Adjourn. Page 4 of 4 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 May 8, 2015, at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened. _______________________________ _________________________ Robyn Battle, Town Secretary Date Noticed Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569-1011 at least 48 hours prior to the meeting time. Page 1 of 5 ] 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 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 John Webb, Director of Development Services Todd White, Building Official Kim Galvin, Interim Finance Director Ronnie Tucker, Fire Chief Doug Kowalski, Police Chief Gary McHone, Assistance Police Chief Sergeant Paul Norris 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor David Hancock of Living Springs Fellowship led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3. Announcements of upcoming events. Councilmember Dixon made the following announcements: On Monday, May 18, Prosper will offer a “Smart Watering During Restrictions” seminar at the Public Works Office, located at 601 West Fifth Street, just west of the Burlington Northern Santa Fe Rail Line. This seminar will give a general overview of drip irrigation, new water-conserving technologies, irrigation scheduling, and rainwater harvesting. Contact Tristan Cisco, Water Conservation Coordinator, for more information. The Town Council would like to commend Police Chief Doug Kowalski for receiving the Gary W. Sykes Award for Professional Achievement in Law Enforcement. The MINUTES Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, April 28, 2015 Item 4a Page 2 of 5 award is presented annually to an individual who has been in law enforcement for at least 10 years, has been instrumental in bringing about significant organizational change for the good of the profession, is significantly involved in community service and civic activities, and is a role model to law enforcement officers, support personnel, criminal justice professionals, and citizens. Congratulations, Chief Kowalski. The Town Council would like to congratulate the Prosper High School Baseball Team on their successful season. They play their final home game tonight, which is also Senior Night, at 7:30 p.m. So far, the Eagle Baseball team is undefeated in district play. Congratulations to the Prosper High School boys and girls golf teams for winning the district championship recently. Deputy Mayor Pro-Tem Dugger announced that early voting will continue in Prosper Muncipal Chambers through May 5, and Election Day is May 9 at the Prosper ISD Central Administration Building. Election information is available on the Town’s website. 4. Presentations.  Presentation of a Proclamation to members of the Prosper Police Department declaring May 10-16, 2015, as Police Week, and declaring May 15, 2015, as Peace Officers Memorial Day. (RB) Police Chief Kowalski, Assistant Police Chief McHone, and Sergeant Norris were present to receive the Proclamation.  Presentation of Certificates of Appreciation to the members of the Centennial Celebration Committee. (RB) Several members of the Centennial Celebration Committee were present to receive their Certificates of Appreciation, and the Mayor thanked them for their service over the past year.  Recognition of Steve Arbanas with Gallery Homes as Second Runner-Up, Mark Clary with Megatel Homes as First Runner-Up, and Mark Covington with Drees Homes as the recipient of the Building Inspection’s “2014 Builder of the Year Award.” (TW) Building Official Todd White presented the awards to the 2014 winners. 5. CONSENT AGENDA: (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) 5a. Consider and act upon minutes from the following Town Council meeting. (RB)  Regular Meeting – April 14, 2015 5b. Receive the March 2015 Financial Report. (KG) Item 4a Page 3 of 5 5c. Receive the Quarterly Investment Report. (KG) 5d. Consider and act upon approving a renewal to the Bank Depository Services Agreement between Independent Bank and the Town of Prosper; and authorizing the Town Manager to execute same. (KG) 5e. Consider and act upon Resolution 15-23 reviewing, updating, and adopting the Town of Prosper and Prosper EDC Investment Policy and Investment Strategy. (KG) Councilmember Vogelsang removed Item 5f from the Consent Agenda. Deputy Mayor Pro-Tem Dugger made a motion and Mayor Pro-Tem Miller seconded the motion to approve all remaining items on the Consent Agenda. The motion was approved by a vote of 7-0. 5f. 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) Director of Development Services John Webb responded to Councilmember Vogelsang’s questions about the Gates of Prosper fountain and gateway features. Mr. Webb responded that he would research the questions and respond. Mr. Webb also responded that the Adara subdivision at Windsong Ranch is underway. Councilmember Vogelsang made a motion and Deputy Mayor Pro-Tem Dugger seconded the motion to approve Item 5f. The motion was approved by a vote of 7-0. 6. CITIZEN COMMENTS: (The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting.) 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: Item 4a Page 4 of 5 7. Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use Plan, located on the northwest corner of Prosper Trail and the future Shawnee Trail, from Medium Density Residential to Dallas North Tollway District. The property is zoned Single Family-15 (SF-15) and Commercial Corridor (CC). (CA15-0002). [Companion Case Z14-0005] (JW) Mayor Smith open Items 7 and 8 concurrently. 8. Conduct a Public Hearing and consider and act upon a request to rezone 67.7± acres, located on the northwest corner of Prosper Trail and Dallas Parkway, from Single Family-15 (SF-15) and Commercial Corridor (CC) to Planned Development-Single Family/Office/Retail (PD-SF/O/R). (Z14-0005). [Companion Case CA15-0002] (JW) Director of Development Services John Webb presented both items before the Town Council concurrently. The applicant has requested that both items be tabled to the May 12, 2015, Town Council meeting to address Council’s concerns and prepare a final presentation. Mayor Pro-Tem Miller made a motion and Councilmember Mike Davis seconded the motion to table Items 7 and 8 to the May 12, 2015, Town Council meeting. The motion was approved by a vote of 7-0. 9. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: 9a. Section 551.087 – To discuss and consider economic development incentives. 9b. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. 9c. Section 551.071 – Consultation with Town Attorney regarding legal issues associated with proposed extraterritorial jurisdiction release, and all matters incident and related thereto. The Town Council recessed into Executive Session at 6:19 p.m. Mayor Smith left the Executive Session at 6:34 p.m. 10. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Regular Session was reconvened at 7:04 p.m. No action was taken as a result of Executive Session. 11. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.  Update on Town Hall / Multi-Purpose Building. (HW) Item 4a Page 5 of 5 Hulon Webb, Executive Director of Development and Community Services, updated the Town Council on the progress of the Town Hall/Multi-Purpose Building. The design portion of the project will be done by Randall Scott Architects. Mr. Webb presented photographs of several Town Hall facilities in the North Texas area, and inquired if the Town Council would like to take a tour of any of the facilities. The Town Council provided feedback on the facilities they preferred and will take a tour in late May. 12. Adjourn. The meeting was adjourned at 7:19 p.m. These minutes approved on the 12th day of May, 2015. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 4a Page 1 of 1 To: Mayor and Town Council From: Leslie Scott, Library Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – May 12, 2015 Agenda Item: Consider and act upon acceptance of a grant, in the amount of $4,878.96, from the Edge Reimbursement Program, and authorizing the Mayor to execute any award documents. Description of Agenda Item: The Edge initiatives help libraries assess their operations and plans for the future, and demonstrate the library’s impact on the community and community needs. Edge uses benchmarks to help libraries evaluate themselves. The goal of the Edge Reimbursement Program is to help libraries meet the public access technology needs of their community. A maximum of $5,000.00 in reimbursement funds is allowed. The funds will be used for the purchase of three Latitude 15 5000 Series laptops with Microsoft Office Home and Business, two iPad Air 2 16GB, and two iPad Otter Box Cases. The Town’s Grant Management Policy and Procedures require that the Town Council approve a grant that is awarded to the Town and provide authorization for the Mayor to execute the award documents. The grant from the Edge Reimbursement Program does not include any award documents that will require execution. Budget Impact: There will be an increase of $4,878.96 in Library Grant Expense Account 67-5220-10-00 which will be offset by an increase of $4,878.96 in the Library Grant Revenue Account 67-4560-10-00. The net effect on fund balance in Fund 67 Special Revenue is zero. Attached Documents: 1. Edge Reimbursement Program Application 2. Edge Reimbursement Email Award Notification Town Staff Recommendation: Town staff recommends the Town Council consider and act upon acceptance of a grant, in the amount of $4,878.96, from the Edge Reimbursement Program, and authorizing the Mayor to execute any award documents. Proposed Motion: I move to accept a grant, in the amount of $4,878.96, from the Edge Reimbursement Program, and authorize the Mayor to execute any award documents. COMMUNITY LIBRARY Prosper is a place where everyone matters. Item 4b Item 4b Item 4b Item 4b Item 4b Item 4b Item 4b Item 4b Item 4b Item 4b Item 4b Item 4b Item 4b Item 4b Item 4b Item 4b Item 4b Item 4b Page 1 of 1 To: Mayor and Town Council From: Leslie Scott, Library Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – May 12, 2015 Agenda Item: Consider and act upon acceptance of a grant, in the amount of $2,365.40, from the Texas Book Festival, and authorizing the Mayor to execute any award documents. Description of Agenda Item: Since the Texas Book Festival’s (TBF) founding in 1995, it has been a part of the TBF’s mission to promote Texas libraries and literacy. Each year, funds raised at the annual Texas Book Festival support grants that are distributed the following year. Since 1996, the organization has funded 1,044 grants totaling more than $2.7 million to 600+ libraries across Texas. Prosper Community Library is one of 34 libraries in the state issued the grant for 2015. The funds will be used for the purchase of early and juvenile graphic novels. The Town’s Grant Management Policy and Procedures require that the Town Council approve a grant that is awarded to the Town and provide authorization for the Mayor to execute the award documents. The grant from the Texas Book Festival does not include any award documents that will require execution. Budget Impact: There will be an increase of $2,365.40 in the Library Grant Expense Account 67-5220-10-00 which will be offset by an increase of $2,365.40 in the Library Grant Revenue Account 67-4560- 10-00. The net effect on fund balance in Fund 67 Special Revenue is zero. Attached Documents: 1. Texas Book Festival Award Letter 2. Texas Book Festival Certificate 3. Texas Book Festival Check Town Staff Recommendation: Town staff recommends the Town Council consider and act upon acceptance of a grant, in the amount of $2,365.40, from the Texas Book Festival, and authorizing the Mayor to execute any award documents. Proposed Motion: I move to accept a grant, in the amount of $2,365.40, from the Texas Book Festival, and authorize the Mayor to execute any award documents. COMMUNITY LIBRARY Prosper is a place where everyone matters. Item 4c Item 4c Item 4c Item 4c Page 1 of 1 To: Mayor and Town Council From: Kim Galvin, Interim Director of Finance Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – May 12, 2015 Agenda Item: Consider and act upon a resolution authorizing various individuals as signers of specific accounts and certain investment matters. Description of Agenda Item: This item supersedes the action taken at the December 10, 2013, Town Council meeting, regarding signatory authority for investments. Access to investment pools, TexPool and TexSTAR, will be given to Harlan Jefferson, Town Manager. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the resolution as to form and legality. Attached Documents: 1. Resolution 2. TexPool documentation 3. TexSTAR documentation Town Staff Recommendation: Town staff recommends that the Town Council approve the resolution authorizing the Town Manager to authorize and manage the town’s investment pools with TexPool and TexSTAR. Recommended Motion: I move to approve the resolution authorizing the Town Manager to authorize and manage the town’s investment pools with TexPool and TexSTAR. Prosper is a place where everyone matters. FINANCE Item 4d TOWN OF PROSPER, TEXAS RESOLUTION NO. 15-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AUTHORIZING THE TOWN MANAGER TO BE THE SIGNATORY ON SPECIFIC TOWN INVESTMENT ACCOUNTS BY AMENDING RESOLUTION NO. 13-65, IN PART, ADOPTED ON OR ABOUT DECEMBER 10, 2013; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, periodically the Town of Prosper, Texas (“Town”), updates the list of specific individuals authorized to perform certain financial transactions on the Town’s behalf; and WHEREAS, on or about December 10, 2013, the Town adopted Resolution No. 13-65, which authorized various individuals as signatories on specific accounts and certain investment matters; and WHEREAS, it is the intent of the Town Council of the Town to authorize the following individual referenced herein to be the signatory and take all appropriate and necessary actions relative to the Town accounts referenced herein. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 Section 3 of Resolution No. 13-65 is hereby amended to reflect that the Town-approved signatory authorized to make financial transactions for the TexPool local government investment pool and TexSTAR local government pool is the Town Manager, Harlan Jefferson. SECTION 2 Resolution No. 13-65, approved on or about December 10, 2013, by the Town Council of the Town of Prosper, Texas, is hereby amended to the extent referenced in Section 1 of this Resolution. SECTION 3 This Resolution shall be effective from and after its passage by the Town Council. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 12TH DAY OF MAY, 2015. ___________________________________ Ray Smith, Mayor ATTEST: ____________________________________ Robyn Battle, Town Secretary Item 4d Resolution No. 15-__, Page 2 APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Item 4d ORIGINAL SIGNATURE AND DOCUMENT REQUIRED TEX - ENROLL Resolution Authorizing Participation in the TexPool Investment Pools And Designating Authorized Representatives WHEREAS, ______________________________________________________________________ (“Participant”) is a local government or state agency of the State of Texas and is empowered to delegate to the public funds investment pools the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the Texas Local Government Investment Pools (“TexPool/TexPool Prime”), public funds investment pools, were created on behalf of entities whose investment objectives in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. NOW THEREFORE, be it resolved as follows: A. That Participant shall enter into a Participation Agreement to establish an account in it’s name in TexPool/TexPool Prime, for the purpose of transmitting local funds for investment in TexPool/TexPool Prime. B. That the individuals, whose signatures appear in this Resolution, are authorized representatives of the Participant and are each hereby authorized to transmit funds for investment in TexPool/TexPool Prime and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. List of the authorized representatives of the Participant. These individuals will be issued P.I.N. numbers to transact business via the phone with a Participant Service Representative. 1. Name: Title: Phone/Fax/Email: Signature: 2. Name:Title: Phone/Fax/Email: Signature: 3. Name:Title: Phone/Fax/Email: Signature: 4. Name:Title: Phone/Fax/Email: Signature: Town of Prosper 77294 Harlan Jefferson Town Manager 972/569-1010/972-346-9335/harlan_jefferson@prospertx.gov Item 4d ORIGINAL SIGNATURE AND DOCUMENT REQUIRED TEX - ENROLL 5. Name:Title: Phone/Fax/Email: Signature: List the name of the Authorized Representative provided above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name: ______________________________________________ In addition and at the option of the Participant, one additional authorized representative can be designated to perform inquiry only of selected information. This limited representative cannot make deposits or withdrawals. If the Participant desires to designate a representative with inquiry rights only, complete the following information. 6. Name Title Phone/Fax/Email: C. That this resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until TexPool/TexPool Prime receives a copy of any such amendment or revocation. This resolution is hereby introduced and adopted by the Participant at its regular/special meeting held on the ___ Day of ________________________, 20 _____. Document is to be signed by your Board President, Mayor or County Judge and attested by your Board Secretary, City Secretary or County Clerk. NAME OF PARTICIPANT: SIGNED: Signature Printed Name Title ATTEST: Signature Printed Name Title Harlan Jefferson Liz McDonald Accountant 972-569-1008/972-346-9335/liz_mcdonald@prospertx.gov May 15 Town of Prosper 77294 Ray Smith Mayor Robyn Battle Town Secretary Item 4d Item 4d Item 4d Page 1 of 1 To: Mayor and Town Council From: Kim Galvin, Interim Director of Finance Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – May 12, 2015 Agenda Item: Consider and act upon a 380 agreement between Highland Homes and the Town of Prosper, and authorizing the Town Manager to execute same. Description of Agenda Item: Highland Homes has been issued a Texas Direct Payment Permit for key building material suppliers. It is anticipated that associated building material purchases will result in sales tax revenues the Town would not otherwise be entitled. The 380 agreement proposes grant payments to Highland Homes for 80% of the 1 cent general sales tax disbursements made to the Town as a result of these specific purchases, net of any fees charged by the comptroller for processing, for a period of 10 years. This excludes any sales collections for economic development and property tax reduction. Budget Impact: The town will benefit from additional sales tax revenues. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P. reviewed and approved the agreement as to form and legality. Attached Documents: 1. Highland Homes 380 Agreement Town Staff Recommendation: Town staff recommends approval of the 380 agreement, and authorizing the Town Manager to execute same. Proposed Motion: I move to approve the 380 agreement between Highland Homes and the Town of Prosper, and authorizing the Town Manager to execute same. Prosper is a place where everyone matters. FINANCE Item 4e CHAPTER 380 GRANT AGREEMENT This CHAPTER 380 GRANT AGREEMENT (hereinafter referred to as the “Agreement”) is made by and between the Town of Prosper, Texas (hereinafter referred to as the “Town,” also referred to as “Grantor”), and Highland Homes, Ltd. (hereinafter referred to as “Company”), acting by and through their respective authorized officers and representatives. WHEREAS, the Town Council of the Town of Prosper, Texas (hereinafter referred to as the “Town Council”), has determined that it is in the best interests of the Town and its citizens to encourage programs, including programs for making loans and grants of public money to promote local economic development and stimulate business and commercial activity in the Town pursuant to Chapter 380 of the Texas Local Government Code, as amended (hereinafter referred to as “Chapter 380”); and WHEREAS, Company will be engaged in the business of purchasing building materials for its use on construction projects within the Town; and WHEREAS, Company has advised that it would like to partner with the Town, and that a contributing factor that would induce Company to purchase items using a Texas Direct Payment Permit and generate economic development activity and local use tax revenue for the Town that would otherwise not be available to the Town, would be an agreement by the Grantor to provide an economic development grant to Company; and WHEREAS, Company desires to purchase and use new building materials within the Town that will generate additional economic development and use tax revenue for the Town; and WHEREAS, the Town Council has determined that Company meets the criteria for providing the grants (hereinafter defined), pursuant to Chapter 380, based on, among other things, Company: (i) acquiring properties for development, and constructing improvements; (ii) adding taxable improvements to real property in the Town; and (iii) creating employment opportunities for the citizens of Prosper (“Approved Project”); and WHEREAS, the Town finds that the attraction of new business activity to the Town will promote economic development, generate additional sales tax and will enhance the tax base and economic vitality of the Town; and WHEREAS, the Town has concluded that the Approved Project qualifies for a Grant under Chapter 380; and WHEREAS, with the approval of this Agreement, the Town hereby establishes a program authorized by Chapter 380 of the Texas Local Government Code to encourage and induce the generation of local use tax; and Item 4e 2 WHEREAS, the Grantor has determined that making an economic development grant to Company in accordance with this Agreement will further the objectives of the Grantor, will benefit the Town and the Town’s inhabitants and will promote local economic development and stimulate business and commercial activity in the Town. NOW, THEREFORE, in consideration of the foregoing, and on the terms and conditions hereinafter set forth, the sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE I DEFINITIONS 1.01. For purposes of this Agreement, each of the following terms shall have the meaning set forth herein unless the context clearly indicates otherwise: “Company” shall mean Highland Homes, Ltd. “Commencement Date” shall mean June 1, 2015. “Effective Date” shall mean June 1, 2015. “Event of Bankruptcy or Insolvency” shall mean the dissolution or termination (other than a dissolution or termination by reason of a party merging with an affiliate) of a party’s existence as a going business, insolvency, appointment of receiver for any part of a party’s property and such appointment is not terminated within ninety (90) business days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against a party and in the event such proceeding is not voluntarily commenced by the party, such proceeding is not dismissed within ninety (90) business days after the filing thereof. “Force Majeure” shall mean any delays due to strikes, riots, acts of God, shortages of labor or materials, war, terrorism, governmental approvals, laws, regulations, or restrictions, or any other cause of any kind whatsoever which is beyond the reasonable control of the party. “Grant Period” shall mean consecutive six (6) month periods during the term of this Agreement, except that the first Grant Period shall begin on the Effective Date and continue through and include the last day of June 2015 following the Effective Date. For illustration purposes, assume the Effective Date is June 1, 2015, then the first Grant Period would begin on June 1, 2015, and continue through and include June 30, 2015. The next Grant Period would begin on July 1, 2015, and continue through and include December 31, 2015. The final Grant Item 4e 3 Period for the initial 10-year term of the Agreement would be from January 1, 2025 and end on May 31, 2025. “Impositions” shall mean all use taxes that may be imposed by public or governmental authority on Company or any taxable items purchased and used by Company within the Town. “Program” shall mean the economic incentive program established by the Town pursuant to Chapter 380 of the Texas Local Government Code together with any amendments, permutations, or recodifications of such Code provisions whether renaming such economic incentive or other modifications thereof. “Program Grant” shall mean the periodic payments paid by the Town to Company in accordance with Section 3 of this Agreement. “Taxable Items” shall have the same meaning assigned by Sections 151.010 and 151.0101, TEX. TAX CODE, as amended “Town” and “Grantor” shall mean the Town of Prosper, Texas. “Use Tax Receipts” shall mean the Grantor’s receipts from the State of Texas from the collection of one percent (1%) general Town use tax imposed by the Town pursuant to Chapter 321 of the Texas Tax Code, attributed to the collection of use tax by Company associated with the issuance of Company’s Texas Direct Payment for Taxable Items used or consumed in the Town. “Use Tax Certificate” shall mean a certificate or other statement in a form reasonably acceptable to the Grantor setting forth Company’s collection of use tax imposed by and received by the Grantor from the State of Texas, for the use of Taxable Items by Company in the Town for the applicable calendar months during a Grant Period which are to be used to determine Company’s eligibility for a Grant, together with such supporting documentation required herein, and as Grantor may reasonably request. ARTICLE II TERM 2.01. Term. The term of this Agreement shall begin on the Effective Date and continue for a ten (10) year period. 2.02. This Agreement shall remain in effect until Grantor has made the Program Grants set forth in Section 3 of the Agreement, or until otherwise terminated under the provisions of this Agreement. Item 4e 4 2.03. This Agreement may be extended for an additional period of time on terms mutually acceptable to both parties by a written agreement executed by both parties. AR TICLE III ECONOMIC DEVELOPMENT GRANT 3.01. Grant. Subject to Company’s continued compliance of all the terms and conditions of this Agreement, the Grantor agrees to provide Company with an economic development grant from lawfully available funds payable as provided herein in an amount equal to eighty percent (80%) of the Use Tax Receipts, as previously defined herein (the “Grant”), less any processing or related fees charged by the State of Texas. The Grant will be paid semi-annually at the end of June and the end of December with the exception of the final Grant Period during the ten (10) Year period following the execution of the Agreement, commencing June 1, 2015. The Grant will never include any monies Company pays or owes to the State of Texas for any penalties for late payments, failures to report in a timely manner, and the like, related to the Use Tax Receipts. 3.02. “Most Favored Nation” Provision. Should Company extend to any other municipal corporation located in Denton County, Texas, or Collin County, Texas, terms or conditions which are more favorable to said other municipal corporation than the terms and conditions set forth in Section 3.01 of this Agreement, above, such terms and conditions shall automatically be extended to the Town, effective as of the date of the agreement with said other municipal corporation. In such event, Company shall refund to the Town, or the Town in its sole discretion may be credited, any amounts which may be due and owing the Town. During the term of this Agreement, Company shall provide the Town of Prosper an executed copy of other similar 380 Agreements associated with taxable purchases using a Texas Direct Payment Permit executed with other municipalities in Denton or Collin County. The Town shall have the right to conduct periodic reviews of Company’s books and records, or request such books and records, with respect to such terms and conditions referenced in Section 3.01 herein to confirm Company’s compliance with the provisions of this paragraph. The (i) provision of such similar 380 Agreements to the Town and/or (ii) failure to allow the Town the right to conduct periodic reviews of Company’s books and records, and/or (iii) provide such books and records within thirty (30) days of such request, shall constitute a default under this Agreement and the foregoing shall each be deemed a material term of this Agreement. 3.03 Grant Payment. The Grantor shall, within forty-five (45) calendar days after receipt of the actual Use Tax Receipts for the Grant Period covered by a Use Tax Certificate submitted by Company pursuant to Section 4.01, pay the Grant for the applicable Grant Period to Company, or as directed by Company. Any payment to Company shall be less any processing or related fees charged by the State of Texas. Item 4e 5 3.04. Amended Returns and Audits. In the event Company files an amended use tax return, or report, or if additional use tax is due and owing, as a result of an audit conducted by the State of Texas that increases the Use Tax Receipts for a previous period covered within the term of this agreement, the Grant payment for the Grant Period immediately following such State approved amendment shall be adjusted accordingly, provided the Grantor must have received the Use Tax Receipts attributed to such adjustment. As a condition precedent to payment of such adjustment, Company shall provide Grantor with a copy of such amended use tax report, tax return or audit adjustment, and the approval thereof by the State of Texas. 3.05. Refunds. In the event the State of Texas determines that the Town erroneously received Use Tax Receipts, or that the amount of use tax paid to the Town exceeds the correct amount of use tax for a previous Grant paid to Company, Company shall, within thirty (30) days after receipt of notification thereof from the Town specifying the amount by which such Grant exceeded the amount to which Company was entitled pursuant to such State of Texas determination, pay such amount to the Grantor. The Grantor may at its option adjust the Grant payment for the Grant Period immediately following such State of Texas determination to deduct there from the amount of the overpayment. As a condition precedent to payment of such refund, the Town shall provide Company with a copy of such determination by the State of Texas. ARTICLE IV DOCUMENTATION SUPPORTING THE ECONOMIC DEVELOPMENT GRANT The conditions contained in this Article IV are conditions precedent to the Grantor’s obligation to make any Grant payment. 4.01. Use Tax Certificate. During the term of this Agreement, Company shall within thirty (30) days after the end of each Grant Period, provide the Grantor with a Use Tax Certificate relating to Use Tax Receipts paid during the Grant Period. The Grantor shall have no duty to calculate the Use Tax Receipts or determine Company’s entitlement to any Grant for a Grant Period, or pay any Grant for a Grant Period during the term of this Agreement until such time as Company has provided the Grantor a Use Tax Certificate for such Grant Period and the Grantor has received the actual Use Tax Receipts from the State of Texas attributable to such calendar months within the Grand Period. Company shall provide such additional documentation as may be reasonably requested by Grantor to evidence, support and establish the use tax paid directly to the State of Texas pursuant to Company’s Direct Payment Permit. The Use Tax Certificate for each Grant Period shall at a minimum contain, include or be accompanied by the following: a. A copy of all Texas Direct Payment Permit and self-assessment use tax returns and reports, use tax audit assessments, including any amended use tax returns or reports, filed by Company for such calendar months Item 4e 6 within a Grant Period showing use tax paid directly to the State of Texas related to Company’s operations for such Grant Periods ; and b. Information concerning any refund or credit received by Company of use tax paid by Company which has previously been reported by Company as use tax paid for a previous Grant Period within the term of this agreement. Company will provide to Grantor the Use Tax Certificates from time to time pursuant to the terms of the Agreement, which are confidential (“Confidential Information”) and, except as otherwise provided herein, may not be disclosed to a third party without Company’s consent. To the extent that any disclosure of the Confidential Information may be required by Grantor will use reasonable efforts to inform Company of the request in sufficient time for Company to assert any objection it may have to such disclosure to an appropriate judicial or administrative body. 4.02. Grantor must have received a Use Tax Certificate for the Grant Period for which payment of a Grant is requested, and Grantor must have received the actual Use Tax Receipts for such Grant Period. 4.03. Company intends to issue its Texas Direct Payment Permit to specific suppliers or vendors, at Company’s sole discretion, that provide large quantities of building materials or other tangible personal property. 4.04. Company shall provide the Grantor with a true and correct copy of its Texas Direct Payment Permit, which permit shall be kept in full force and effect throughout the term of the Agreement. 4.05. Company shall not have an uncured material breach or default of this Agreement. ARTICLE V TERMINATION 5.01 This Agreement may be terminated upon any one of the following: (a) by mutual written agreement of the parties; (b) by Grantor or Company, respectively, if the other party defaults or breaches any of the terms or conditions of this Agreement in any material respect and such default or breach is not cured within thirty (30) days after written notice thereof by the Grantor or Company, as the case may be; (c) by Grantor, if any Impositions owed to the Grantor or the State of Texas by Company shall have become delinquent (provided, Item 4e 7 however, Company retains the right to timely and properly protest and contest any such Impositions); (d) by Grantor, if Company suffers an Event of Bankruptcy or Insolvency; (e) by Grantor or Company, respectively, if any subsequent Federal or State legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal or unenforceable; (f) by Company, if the Town does not pay the applicable Grant amount within 45 days of receipt of the Use Tax Receipts as required herein covered by a valid Use Tax Certificate issued by Company or fails to cure this breach within an additional 30 days and so long as the Company is not in default, or; (g) expiration of the term, or any subsequent renewal of the term. The rights, responsibilities and liabilities of the parties under this Agreement shall be extinguished upon the termination of this Agreement except for any rights, responsibilities and/or liabilities that accrued prior to such termination. In the event of termination, this Agreement is null and void and of no further effect. ARTICLE VI MISCELLANEOUS 6.01. Binding Agreement. The terms and conditions of this Agreement are binding upon the parties to this agreement and their respective successors and permitted assigns. This Agreement may be assigned with the express written consent of Grantor, which consent shall not be unreasonably withheld or delayed. 6.02. Limitation on Liability. It is understood and agreed between the parties that Company and Grantor, in satisfying the conditions of this Agreement, have acted independently, and Grantor assumes no responsibilities or liabilities to third parties in connection with these actions. Company agrees to indemnify and hold harmless the Grantor from all such claims, suits, and causes of actions, liabilities and expenses, including reasonable attorney’s fees, of any nature whatsoever by a third party arising out of Company’s performance of the conditions under this Agreement. 6.03. No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture between the parties. 6.04. Authorization. Each party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. Item 4e 8 6.05. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth below (or such other address as such party may subsequently designate in writing) or on the day actually received if sent by courier or otherwise hand delivered sent via fax. If intended for Town, to: Attn: Harlan Jefferson Town Manager P.O. Box 307 121 W. Broadway Street Prosper, TX 75078 With a copy to: Attn: Terrence S. Welch Brown & Hofmeister, LLP 740 East Campbell Road, Suite 800 Richardson, TX 75081 If intended for Company: Attn: Dan Miller Chief Financial Officer Highland Homes, Ltd. 5601 Democracy Dr., Suite 300 Plano, TX 75024 With a copy to: Attn: Brad Gahm General Counsel 5601 Democracy Dr., Suite 300 Plano, TX 75024 6.06. Entire Agreement. This Agreement is the entire Agreement between the parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written Agreement between the parties that in any manner relates to the subject matter of this Agreement. 6.07. Governing Law. The laws of the State of Texas shall govern the Agreement; and this Agreement is fully performable in Prosper, Collin County, Texas, with Item 4e 9 exclusive venue for any action concerning this Agreement being in a court of competent jurisdiction in Collin County, Texas. 6.08. Amendment. This Agreement may only be amended by the mutual written agreement of the parties. 6.09. Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 6.10. Recitals. The recitals to this Agreement are incorporated herein. 6.11. Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument and any such counterparts shall be deemed to be incorporated herein. 6.12. Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 6.13. Sovereign Immunity. The parties agree that the Town has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 6.14. Dispute Resolution. Any controversy or claim arising from or relating to this Agreement, or a breach thereof shall be subject to non-binding mediation, as a condition precedent to the institution of legal or equitable proceedings by any party unless the institution of such legal or equitable proceeding is necessary to avoid the running of an applicable statute of limitation. The parties shall endeavor to resolve their claims by mediation. Grantor and Company shall share the costs of mediation equally. The mediation shall be held in Prosper, Texas, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. [SIGNATURE PAGES FOLLOW] Item 4e 10 EXECUTED as of the ____ day of May, 2015. PROSPER, TEXAS, A Texas home-rule municipality By: Harlan Jefferson, Town Manager ATTEST: ____________________________ Robyn Battle, Town Secretary EXECUTED as of the ____ day of May, 2015. HIGHLAND HOMES, LTD. By: HIGHLAND MANAGEMENT, INC. Name: Dan Miller Title: Chief Financial Officer Item 4e 11 ACKNOWLEDGMENTS STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of May, 2015, by Harlan Jefferson, Town Manager of the Town of Prosper, Texas, a Texas home-rule municipality, on behalf of said municipality. Name: __________________________ Notary Public, State of Texas My commission expires: STATE OF TEXAS ) ) COUNTY OF _________ ) This instrument was acknowledged before me on the ___ day of May, 2015, by Dan Miller, Chief Financial Officer of Highland Homes Ltd., a limited partnership company, on behalf of said company. Name: __________________________ Notary Public, State of Texas My commission expires: Item 4e 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 – May 12, 2015 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Landscape Maintenance Agreement between the Texas Department of Transportation and the Town of Prosper, Texas, related to maintenance obligations for landscape and irrigation improvements in the medians of SH 289 (Preston Road) from US 380 to FM 1461 (Frontier Parkway). Description of Agenda Item: The Texas Department of Transportation (TxDOT) is currently constructing landscape and irrigation improvements in the medians of SH 289 (Preston Road). These improvements are being constructed with funding from TxDOT's Green Ribbon Program. Under this program, TxDOT constructs landscape improvements provided that local governments agree to maintain the improvements. The attached Landscape Maintenance Agreement formalizes this arrangement. The base improvement provided under the Green Ribbon Program included irrigation for trees and planting beds only, it did not include turf irrigation. The Town submitted a separate permit for turf irrigation which was approved by TxDOT. A copy of that permit is included for reference. The Town Council authorized the purchase and installation of turf irrigation from TxDOT's landscape contractor on February 10, 2015. Budget Impact: The anticipated annual cost of maintaining the medians is $26,550. As part of the FY 2015-2016 budget, the Parks and Recreation Department will submit a Non-Discretionary Decision Package for this recurring expenditure. Since the Town’s maintenance responsibility for the median improvements is expected to occur sometime in either late June or early July 2015, the Parks and Recreation Department will use existing funds in the current FY 2014-2015 approved Parks and Recreation budget to cover the expense for the remainder of this fiscal year. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Attached Documents: 1. Landscape Maintenance Agreement 2. Permit for Turf Irrigation Prosper is a place where everyone matters. PARKS & RECREATION Item 4f Page 2 of 2 Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Landscape Maintenance Agreement between the Texas Department of Transportation and the Town of Prosper, Texas, related to maintenance obligations for landscape and irrigation improvements in the medians of SH 289 (Preston Road) from US 380 to FM 1461 (Frontier Parkway). Proposed Motion: I move to authorize the Town Manager to execute a Landscape Maintenance Agreement between the Texas Department of Transportation and the Town of Prosper, Texas, related to maintenance obligations for landscape and irrigation improvements in the medians of SH 289 (Preston Road) from US 380 to FM 1461 (Frontier Parkway). Item 4f -~· ~ Lo.?':f:::.~ LANDSCAPE MAINTENANCE AGREEMENT Form 2043 (Rev. 04/12) Pag e 1of 3 THE STATE OF TEXAS THE COUNTY OF TRAVIS This AGREEMENT made this day of , 20_ , by and between the Texas Department of Transportation , hereinafter referred to as the "State ," and the City of Prosper , Collin County , Texas , acting by and through its duly authorized officers , hereinafter called the "City". WITNESS ETH WHEREAS , Chapter 311 of the Transportation Code gives the City exclusive dominion , control , and jurisdiction over and under the public streets within its co rpo rate limits and authorizes the City to enter into agreements with the State to fix responsibilities for maintenance, control , supervision, and regulation of State highways within and through its corporate limits; and WHEREAS , Section 221 .002 of the Transportation Code authorizes the State , at its discretion , to enter into agreements with cities to fix responsibilities for maintenance , control , supervis ion , and regulation of State highways within and through the corporate limits of such cities ; and WHEREAS , the State and the City have entered into a Municipal Maintenance Agreement dated September 13, 1994 , the provisions of which are incorporated herein by reference , and wherein the City has agreed to retain all functions and responsibilities for maintenance and operations wh ich are not specifically described as the responsibility of the department; and WHEREAS, the State has existing and proposed landscape improvements, such as , but not limited to , the installation of tree , shrub , and turf p la ntings , irrigation systems , and other aesthetic elements for areas within the right of way of state highway routes within the City as shown on Attachment "A"; and WHEREAS , the State will provide such landscape improvements , provided that the City agrees to be responsible for all required maintenance of the landscape improvements . Item 4f Form 2043 {Rev. 04/12) Page 2 of 3 AGREEMEN T NOW, THEREFORE , in consideration of the prem ises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed , it is agreed as follows : Co ntract Pe r io d This Agreement becomes effective upon the date of final execution by the State , and shall remain in effect unti l terminated or modified as hereinafter provided. Cove ra ge T his agreement prescribes the responsibilities of the State and the City relating to the installation and maintenance of landscape elements on non- controlled access state highways , as defined in the Municipal Maintenance Agreement , and described and graphically shown as "State Maintained and Operated " in that agreement. Amendme nt The parties agree that this agreemen t may be amended. Such amendments , to be effective , must be in writ ing and signed by both parties. State's Respons i biliti es The State shall install landscape elements including but not limited to trees , shrubs, grasses , sidewalks , irrigation systems, and hardscape features through its employees or duly appointed agen ts . City's Re s p on s ibiliti es The City may install landscape elements including but not limited to trees , shrubs, grasses, sidewalks , irrigation systems , and hardscape features through its employees or duly appo inted agents. Any installations shall be performed in accordance with Texas Department of Transportation specifications and standards, and must be approved by the State in writi ng prior to any work being performed. Item 4f Form 2043 (Rev. 04/12) Page 3 of 3 The City shall maintain all landscape elements within the li mits of the right of way including all median and island areas but excluding paved areas intended for vehicular travel. Landscape maintenance shall include but not be limited to plant maintenance , plant replacement , mowing and trimming , hardscape element maintenance, and irrigation system operation and maintenance . All landscape elements must be maintained in a functional and aesthetically pleasing condition . TERMINATION It is understood and agreed between the parties hereto that should either party fail to properly fulfill its obligations as herein outlined , the other party may terminate this agreement upon thirty days written notice. Additionally , this agreement may be terminated by mutual agreement and consent of both parties. Should the City terminate this agreement, as prescribed here above, the City shall , at the option of the State , reimburse any reasonable costs incurred by the State . IN WITNESS WHEREOF , the parties have hereunto affixed their signatures , the City of Pros per on the day of ________ , year , and the Texas Department of Transportation , on the ____ day of ___________ , year __ _ ATTEST: CITY OF _P_ro_s~p_e_r ______ _ By ___________ _ (Title of Signing Official) Attachments THE ST A TE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activat ing and/or carrying out the orders, and the established policies or work programs heretofore approved and authorized by the Texas Transportation Commission . By-------------- District Engineer Dallas District Item 4f ~ w () ::,- 3 <1> :J .-+ )> E INAL PLANS Ni-IF. Of COtHRACTOll: ----------- DUE Of LETTlllG•------------ DATE llOOK BEOAN•------------ DAIE WORK COMPLETED•---------- DUE llORK ACCEPTEO: ----------- SIW.AllY OF Clllt!Cf: ORDERS: WOf\a. IAS CXM'LUCO ACCOR'OIHC 10 lM( 'LAH' AllO CCll'flll.t.Cf. 1_f.j_. Sh7101ure or At0l11nnt ~. E!IO PROJEC T CS J004l-14 -o77 STA 686•96 TRM 238•0. 937 ST ATE OF TEXAS DEPARTMENT OF TRANSPORTATION ~--====~oc:=====--- PLANS OF PROPOSED ST A TE HIGHWAY IMPROVEMENT FEDERAL AID PROJECT STP 201417611 CSJ: 0091-04-DS9 SH 289 COL LIN COUNTY l IMI TS: fR()llt Nortl'I or us 380 101 rM 455 .OAOW~Y • 38196 FT. • 7, 234 Ml. lOUL LENGTH or PROJECT ·-IBRIDOE •o.oo FT •• o.ooo Ml. TOTAL • 38196 FT. • 7. 234 Ml. TYPE Of !!OAK• lAl<OSCAPE OEYELOPWEllT TO INCLUDE TREE I. SHRU8 PUNllNO, ANO IRRIGATION l tOl.1.IH COINTT .K.MC \:J r l • t •lllflU O•LUS OISIRI CI tQUATIOHSI HONE UClPI IOHS1 UOHE lllA IUtOAO tflOUINCS: NOHl @ 201 4 by Texas OePOrtment or lronepor totfon: 01 1 rlQhta reserved ----------~ f(Cltl•\. UD or S-IAU 'llOltCI 110. SIP 2014 t1611 . Ol.l 04 059 DES I CN SPEEDS •HI A NOTE: ~.f.S 1 pc:u~s Woffl ~l~d~~~vfl~=1~~,~t ~~i•uON, t&tow~ SH.t.ll cov1JlN OH IHIS PJIOJECJI R£0U1 1lED CQllTRl CJ PNOVISlotlS F~ ALL F£0Ell.A.L·l D COHS1ftl.ICTION CONUtACIS OOR\I fHfll ttfl. M4Y, 2012) TEXAS DEPARTMENT OF TRANSPORTATION r..,"n_~"" ;e'lllKTM(jv,(Jj'ElITTlll!IJ' ~~ ro:q\ :~Vi.cl 10 I I UlJ.. • 1 J>, • I muon ---· u rnu • P.E. 011llUtT UfGIHUft DIR(C10f'. DUIGH DIVIS IOH Item 4f ~ r+ Q.) () -::I" 3 I CD :::J r+ )> SHEET I . GENERAL I 2 l • 38 • OESCR IP T ION T Ill[ SHEET INDEX or SHEETS CE.HERAL NOJES UJIM.UC AND OUANHTY SHEE r I I. TRAFFIC CONTROL PLAN • 5 • 6 • 1 .. 9 • 20 TCP 11•51 12 TCP 12-41 12 lCP 12·61 12 JCP <6 ·21 12 ec n-121 ., Ill. ROADWAY DETA ILS tlONE IV. RETAINING WALL DETAILS I ND EX OF SHEET S SHEET DESCRIPTION V. DRAINAGE DETAILS ~ONE VI . UTILITIES NOt~t VI I. BRIDGES NOHE SHEET OESCRIPT ION VIII. TRAFFIC ITEMS 2l -25 26 ED 111 • ED 151 ·03 ED <81 • 03 I X. ENVIRONMENTAL ISSUES 21 28 29 " 30 -31 ENVIRO,...[NTAL P[RMllS, ISSUES ANO Ca..AITMENTS <EPIC> SIOOM WAl[R POLLUTION PREVEN TION PLAN CSl'llPI STORM WAUA POLLUTIOH PA£Y(NTtON PLAN $ME(T EROSION CONTROL LOOS IOAll X. MISCELLANEOUS ITEMS 32 • 51 58 59 • 84 85 86 --1-0F''r'"' ---..' ••···•• l°,f-\\ LANOSC4P£ PLANT J NO PLANS LANDSCAPE PLANTING DETAILS LANDSCAPE IRAICATION PLANS IRRIGAT ION DETAILS IRRIGATION GENERAL NOTES & MATER I AL SPECIFICATIONS -., .... _ .. -·*··---~.r-1, ,:' .· ·. t ,.... · ... ,, ~-~:: ..................... :;~--~ I JAMES D. MORREN I .-::l--9 rexos Deportmert of Transportation [J © 20•• ~;···,:······93·734······;··; '11i". ~ -·~.f 11 0~.fc1s1t\\'-~·~«:f i,,{i iciiiii." \~~'.:- ""'''_ .... TH( SIA.HOA.RO SHUTS SPEClrtCALL'l' 10£NTl ,J£0 AIOVt HAYE IEEN SEL(Cl(.O IY Wl OR UNO(R MY Rt:SPOHSlll.£ Sl.FER'll$10N AS 9tlHG APPl.lCJ.8lt TO TM IS PROJtCT. A. ...... f1li~ P.(. 4 •JS•14 U Sl~ttl'e of fteo1 1 tr01t .---o<ife xxx IN DEX OF SHEET S f(O(llal, .t.10 ,_,,.ti llO. " <see t ltle lhHtl si;..~~9 j OISUlllCt _ .. DALLAS COLllN 11C110ll .... 2 0091 04 059 Item 4f ~ w () ::.T 3 CD :J ...... )> CSJ : 0091·04·059 County: Collln Hlghwey: SH 289 Genornl No1 es: Revised on November 5, 2013 SW3P RESPONSIBILITIES TxDOT Area of Resoonslblllty Sheet 3 Responsible for the area defined by the Omits of the subject project, except for those areas utillzed and operated by the eordraclor. These areas Include, though are not 5mited to, areas used for lleld offices, equipment and/o r material storage, and conaete or asphalt plants. TxOOT Operational Resoonsibltlty Responsible lor seeking coverage unde r the TPDES Construction General Permit (CGP) and opera ting the project wilhin the requirements of the CGP for discharging stonn water from the subject project and to not ify MS4 permit holders of the In tent to discharge storm water. A le a Notice of Termination vrith TCEQ upon completion of the project when the exposed areas have been sfabllized wltl1 a vegetative cover of at least 70%. Contractor Area of Responslbfllty Responsible for al areas under their direct operational conlrOI which irdldes, though not limited to, areas used for fleld offlces, equipment and/or mat&ltal storage, and concrete or asphalt plants. These areas may be located on or off the subject project's R.O.W. Contraetor Operational Responsibility Responsible lor seeking coverage under the TPDES Construction General Permit (CGP) and adhering to an requirements of the permit for discharging storm water from the areas under their operational control. Perform regular Inspections, prepare a written report of deficiencies, and repair deficiencies within the time fram e set forth by the permit. Flle a Notice of Termination with !CEO upon complellon of the project whon the exposed areas have been stabilized with a vegetallve cover of at least 70%. Responsible under contractual obligations to TxOOT to Install, clean, repair, replace or remove socllment and erosion control devices as Indicated on TxOOrs Inspection Reports, or as required by dally construction practlces, within the time frame set fortl1 by the permit. Access will be provided to all business and residences at all times. Where turning radii are llmHed during phased construction at Intersections, provide all weathef surfaces such as RAP or base In turning movements to accommodate and to protect the traffic from edge drop-offs. Materials, labor, maintenance and removal for these temporatY accesses and radii wfll not be paid for diredly but wll be considered subsidiary to the various bid ttems. The consllUellon, operation and maintenance of the proposed project w!ll be consistent with the state Implementation plan as prepared by the Texas Commission on Environmental Quality. The disturbed area for this project, as shown on the plans Is 1.1 acres. However, the Total pisturbed Are11 (TOA) win establish the regylred m.ibgrlt!lllon !or §!orm water Oischarqes Tho General Nol es Sh eet A CSJ: 0091·04·059 County: Collin Highway: SH 289 Sheet 3 TOA of this project will be determined by the sum of the disturbed area In all projeel locations in the contract, and all dlslurbed area on al Project·Speclllc Locations (PSL) located in the project fimtts and/or within 1 mile ol 1he project limits. The department will obtain an aulhorizalloo to discharge storm water from the Texas Commission on Environmental Quality (TCEQ) for the construction s'te as shown on the plans, accordlng to the TOA of the project. The contractor wll obtain any required authorization from the !CEO for the discharge ol stoon water from any PSL for constructlon support activities on or oil of the project row according to the TOA of the project. When the TOA for the project exceeds 1 acre, provide a copy of the appropriate appl"ication of permit (NOi, or Construelion Site Notice) to the engineer, for any PSL loca ted In the project limits or wilhln 1 mite of the project limits. Follow the directives and adhere to all requirements set forth In the TCEQ, Texas Pollution Discharge Elimination System, Construction General Permtt (TPOES . CG P). leave all right of way areas undisturbed until actual co nstruction Is 10 be performed i n said areas. Use established Industry end ufllity safety practlces to erect poles, luminaries, signs or structures near any overhead or underground utffify. Consult with the appropriate utffity company prior to beginning such wor1<. Underground utmlies owned by the Texas Department of Transportation may be present within the Rlght-Of·Way on this project. For signal, lnumlnation, survelftance, and communications & control maintained by TxDOT, call the I xDOT I ralfrc Signal Ofllce (2 t 4-320-6682) for locates a minimum of 48 hours In advance of excavatlon. For irrigation systems, call TxOOT Mainte nance Landscape Office (214-320-6205) lor locates a minimum ol 48 hours in advance of excavation. If city or town owned Irrigation facilities are prosent, caH the appropriate department of the local city or town a minimum of 48 houis In advanco of excavadon. The Contractor is liable for all damages Incurred to the above mentioned ulilltles when wor1<ing without having the utilities toco.tod prior to excavation. For the project to be deemed complete. permanently stabilize all unpaved disturbed areas of the project with a vogotallve cover at a minimum of 70% density for th e control of erosion. Repair or replace any structures and U1illtles that might have been damaged by negligence or a failure to have utility locates performed. Perform all electrical wor1< In accordance with the National Electrical Code and Texas Department of Transportation Specifications. Consult with appropriate electric company representatives according to their respective area to coordinate electr1cal servtces lnstaDatlons. Meet weekly with the englneer to notify him or her of plamed wort< for the upcoming week. Submit pre-letting questions, by eman only, to the attention of Area Engineer or Assl$fant Area Engineer. Email: bany heard@fxdot.gov or brenan.honey@txdot.gov Anawe1& will oo ;;>rovlded bt omall. General Notes Sheet B Item 4f )> ::i: ru (') :::r ,~ :J .-+ )> CSJ: 0091·04-059 Sheet 3A County: Collin Highway: SH 289 An electronic file containing pre-letting questions and TxDOT answers wlll be provided upon emaJI request Matenal On Ha.nd (MOH) wil not be used In calcUlltlng partial payments for Mobilization. Provide the Engineer with a copy ol al Disadvantage Business Enterprise (DBE) subcontractor agreements prior to commencing work. This Project wlll be a Standard Workweek In accordance wflh Article &3.A.4. Actual start date for the landscape and irrtgation system may be de layed due to ongoing roadway construction within the project limits. Coordinate work activities with the Engineer. ~ Provide tickets representing quanttty ol compos t delivered to site. ~ Contact Prosper Putillc Works Dept. at 972-347 ·9969 & Catina Public: Works at 214-585-7142 for Information regarding water meters and pc<mlts. l!!!!l.1lli No planting shaft occur between June 1st and September 15th without vlritten approval from lhe Englneer. Begin the 90-day maintenance period only alter all Ave plant material and functional Irrigation systems have been instafled as shown on plans. Item 421: Furnish mix designs to the Engineer in a formal compa tible to the latest version of the Oepa1tment's Construc ti on Management System (Site Manager). Mix Design templates will be provided by the Engineer. ~ The Contractor Force Account "Safety Contingency" that has been established for this prefect Is Intended to be utilized for work zone enhancements, to Improve the effecll\leness of the Traffic Control Plan, that could not be foreseen in the project planning and design stage. These enhancements via be mutually agreed upon by the Engineer and the Contractor's Responsible Person based on weekly or more frequenl traffic management reviews on the project. The Engineer may clloose lo use existing bid items If It does not slow the Implementation of enhancement. P1ovide wntten pcoposed lane closurb ln1onnatlon by 1 :00 ilfTI or. me busine!.S oa1 p<io. ti. b'6 proposed closures. Do not close lanes when this requlremenl is not met. Place barricades and signs In locations that do not obstruct the sight distance of drivers entering the highway Jrom driveways or side streets. General Noles SheetC CSJ: 0091-04-059 County: Collin Highway: SH 289 Sheet ~A Do not commence work on lhe road before sunrtse. Do not operate or par1< any equipmenVmachlnery closer than 30 feet from lhe !raveled roadway alter sunset unless authorized by the engineer. When moving unllc:ensed equipment on or across any pavement or publlc highways, protect the pavement from an damage using an acceptable method . Category of Work P1accmont ol CTB & Bridge Beam1, Pavement Markings, Full Depth Roadway AepDlr, Bridge or Slmllar Demolttlona• Adlacent Construction, Lanes for Conatruetlon Trame or Similar Operations Number of Actwy Lanes per direction 4 3 2 5 • 3 2 Freeway Lane Closures PeakTimes Monday-Frlday 6:00 am· 9:00 am 3:30 pm· 7:00 pm Major Events and Major HoUdays" None None None None None None Nono None OlfPtokDmH Monday· Friday 9:00 am • 3:30pm 7:00 pm· 10:30 pm and Saturday 2 None Lowesl Voh.ne Time Monday-Friday 10:30 pm to 6:00 am and Sunday 3 3 2 2 • Provide a traffic contro l plan where bridge demo)ition cannot be accomplished with lane ciosures. Freeway closures wtll only be done during Lowest Volume Times. •• Major Holidays are delined under Item 1.82 and also Include the Easter Weekend. '" The Table above Is only to be used When traffic counts do not exceed 2000 Vehicles per Lane per Hour. (The capacity of all remaining open lanes must not exceed 2000 Vehicles per Lane per Hour). When traffic: counts do or wift exceed 2000 Vehicles per Lane per Hour, Director of Construcilon, Assistant Dtsltlct Engineer or District Engineer approval will be requred for lane closures. Additional lanes may be closed dur111!1 Off Peak T1111es or Lowest Times with written permission >I .hE: EnglreElt. Lane Cic;3U•l:l8 dU.~r.g 01: Pa&k Titr.88 may be scartod cattier "'be extend&~ later with wrttten permlsslon ol the Englneet. Traffic Control Plans with Lane Closures causing b~kups of 20 minutes or greater in duration will be modilied by the Engineer. General Noles SheetD Item 4f ~ w () :r I ~ ::J ...... )> CSJ: 0091-04--059 Sheet ?B County: Collin Highway: SH 289 Limit lane closures along SH 289 to the hours between 9:00 am and 3:30 pm. Work In other areas ol the project Is not restricted to this time frame. l!.!!n.!J!; Use materials from prequalified material producers 1st as shown on Ille Texas Department of Transportation (TxDOT) -Construction Division's (CST) materials producers 1st. Category is "Roadway 1n1mination and Electrical Supplies.• The location of condutts and ground boxes are diagrammatic only and may be shilled lo accommodate field condiHons as directed. . • Place condul1 under existing pavement by an approved boring method. Do not place boring plls closer than 2 lee1 from the edge of the pavement unless otherwise directed . Do not use water jetting. When conduits are bored, do not exceed 18 Inches In the vertical and horizonlal tolerances as measured from the in tended target polnl. Do not use a pneumatically driven device lor punching holes beneath the pavement (commonly known as a "mlsslle"). Furnish and Install a non-metallic pull rope In conduit runs In excess ol 50 feel Use a colored deaner-jlfimer on all PVC to PVC )oln1s bele<e application ol PVC cement. Furnish and lnslaft non-metall'rc pul ropes In conduit lnslalled lor future use and cap using standard weather-Ugh! conduit caps, as approved. This work vAll not be paid for directly, but Is subsidiary to this Item. ~ The equipment grounding conductor shall be lden1llled by a continuous green colored Jacket Insulation or bare wire. Grounded conductors (Neutral) shall be Identified by a continuous white co lored Jackel. Ungrounded conductors (Hot) In a 120/240v or 240/480v system shall be ldantllled by each pole or leg. For 240-volt branch circuit fed from 120/240 source and 480-volt branch circuit led from 240(480 source, ensure one I~ Is ldenllfled by a continuous black colored jacket and the other leg by a continuous rod colored jacket. Item 628; Contact tho appropriate ubity company wring tho ffrs1 three weeks of the project load-dme period to alow adequate Ume lor any necessary uti~ty acl)Ustments, transformer lnstallatlon, etc. Label the service enclosures indicating service addresa as wen as al required lnlormatlon as shown on the Electrical Detail (ED) standard sheets. LabeRng shall be slll< screening or olher acceptable method. This work will not be paid for directly, but Is subsidiary to this Item. Use only white Insulated wire for neutral wire. Bill the electrical service power usage to tho respecllve Town or City. General Notes SheetE CSJ: 009 1-04--059 Co unty: Co llin Highway: SH 289 l!l!!n..1m; Sh ee t :SB Take all practicable precautions to prevent debris from being dscharged into the Waters of Texas or a deslgllllted wedand. Install Best Management Practices before demolltlon begins and maintain them during the demolticn. Remove any debris 0< construction mal!!rial that escapes contalnrnont devices and are discharged Into the restricted areas, before the next rain event or wlthfn 24 hours or the discharge. Provide SW3P Signs. Obtain frQlll the Engineer a copy of the projoct's completed TPOES Storm Water Program Constructfon Site Notfce and signed Contractor Certmcatton Statement. \,aminate the sheets and bond with adhesive to 36" X 36' plywood sign blanks. Ensure the sheels remain dry. Apply Type C Blue refl ectlve sheeting as the background and add the text "SW3P ' In s· while lettering, cente red at the top. Attach the signs to approved temporary mounts and locate at each ol the project limits just Inside the right of way line at a readable heigh t or as directed by the Engineer. If the sign cannot ba placed outside the clear zone , it must adhere to the TMUTCO. SW3P signs, maintenance, and repostings (!or replacement or as needed to ensure readablnty) will be subsidiary to Item 502. General Notes SheetF Item 4f ~ w () :::I" 3 CD ::J r+ )> ... I flHAt.. I ,., I ....... I ESTIMATE SUMMARY cOHrRO..Ootl.e.4'41# ... , .. ""' ,,.,., .. ,,..,, A .... "' I ....... I .. , ....... '"" .... 000£ COOi ·-,,. "'" Jtr&OOI .., ---,., ""' .,,,. .. ... -un*!ll ,., .... ,,._ "' .... Jttf,OGI ... '"" .... .,. ..,, .... .,, ,.,. ....... "' ,,,., ... -"' ,.,. nuoo .,. ,., . IMM ... "'" ....... .,. "'" '""' ... ''" ...... '"' .... '"' .... _..,, '"' .... ...... "" "" ESTIMATE & QUANTITY SHEET DUCNl"TION I~" I .. HT I ...... HO ...... ""'"' P\AHTMAltJlll4t.•• -··~ .. .,._ .._ ... _ .. --NNn ..... Tt: ..... l\s.GM,) .. un.ooo 010 J\NfTtlDlll'ltfMIWlON ,_ 401.GCIO PU.Hf trUJDIA&.t ... twJ,__.. .. ..,_ •~LN01CPmoH2.,~ .. .... _ .. . MOIUlAnoH ll ·-... twdttCADl!!a WNl.M'D 'l'llAfflC tWCIUNO ... . .... CONOffl'\'CtllCH040'_. .. ---) .. .. .. ,.,. COHO• DI01~ "' U IJIOO atcCOHOa HO.I INtUlATlO " 111.000 lL llt'"",I IA.RI ;;; ...... ft.IC COHO~ •H0.12\ rt;tut.Atm "' 100000 rtCMN rvo 12!.'IMOOIO NS .. ·-... Tlf!oW'MMfCO,'f'f,~ PROTIECTIONl " 100.1100 ... llOOAOPOIHCON'Tl.001 t2"0tA--··L " ..... ... ... ..ootOfW>IU l'M>SCH CONTROi. LOGS AEMOV .. --""-~MOM'NTOONT'lllOC.ll!NCI.~ '·· , .. _ '<*CACCOUMTWORK~- MOllCIM COllTllOl IMM'IJWK:I: .. . .... CONT1'AC'l'OltllOlllCt:llbt:JJAMrWOltK ...... .. I ·- I DIST I COUHN I Cea.I -, SHEET I ..3 COl1JN _0<*144-o:IO I 4 I ............. Item 4f Sheets 5 -46 , & 59-73 of the plan set for CSJ 0091-04-059 are not included in this attachment as they are the standard sheets for Traffic Control, Barricades , Storm Water Pollution Prevention, etc. for use during the construction activities or planting and irrigation within the City of Celina. The information covered on the above sheets is available online or at TxDOT offices throughout the State. Attachment A Item 4f I : )> :4 w () ~ ::r ~ 3 :? a CD ::J ....+ )> ~ ~ NB SH289 'Tl ::0 0 z -i C• • 10 2t 3t .. so I .. ~ a I : !· !· t ~ ) ;~ ( , ! SB SH289 !I NB SH289 :c :;; ~ 5 i i SB SH289 '-"Al-'"' '"•nu.cc,. \I CV ~ ~~~ RAW I HORNE ' SNOW :~ .... ~ ~ ... ac i;i eo • , ·~ •n ., lfo1ffr~lRli10R g~, Im "U "' ~ -< ..-:t8T11xos Deportmerl cf Tronsportollon fl © 201• LANDSCAPE PL AN l OWN Of N<OSPER COl.l IN .... 41 059 Item 4f ~I z tt2.o· ~I ~ ; ~~y~ i ~ --x N. -.1x. / A ~1 NB SH289 SB SH289 ~ n> 0 ... ::T ~~ ~~ 3 ;.:., ~~ ~-CD o~ Rlz@IIAllMl!!IHl"td~1m10N ~u ,~ii ::J r+ )> (~ t!G21Jtttlt ... 1 ~·Texas Deportment <f Tronspcrtotlon fl @ ZO I~ LANDSCAPE PLAN TOWN Of PROSPER ''"""-ldO ~IC1 HO. !See l I t l e Sh.,.tl t11Slll:IC1 I eo.H1T DALLAS! Sl.CllOrt o~ COl.L IN :!!... 059 '8 Item 4f ~ ...... w (") :::r 3 CD ::J ........ )> ~ ~ ~ NB SH289 ! ~ SB SH289 NB SH289 SB SH289 1 fonMm~lON ~i~ Is~ 1 C• 0 I t 20 3t 0 !O ••• ~ J 111111£}"'rexas Deporttrent of Transportation [l © 2014 LAN DSCAPE PLA N TOWN OF PROSPER f'e:O(R.1.1. AID P10JCCI tJO. !See Title Sheet) OIJTlllCl "'''" DALLAS COLLIN U'Ultl!t ~ 49 04 I 059 Item 4f )> ,..... ....... w 0 .. :::r i~ 3 t?~ ..,_ CD o~ ::J ,..... )> C• 0 •• 2t 30 .. 50 I Ot NB SH289 ~__'.___!L~·i: •fY('.• SB SH289 ____ .:_____.---------:---_Jg I l ""O ::0 0 (/) r NB SH289 I. -0 ITJ 11 ::0 ' -i ::0 J> ~~ -------! l -------y ~ ~ ~I SB SH289 ..... r lfo~MnlttoN ~~!Ml - z :ii ~ I. ' ( i!iiaE:!/'rexos Deportment of Transportation fl @ Z014 LANDS CAPE PLAN TOWN OF PROSPER fClllUil 410 fll\OJlCt ICI. <See TTtle Sheet> OISIAICT C«Ml r DALLAS COLLIN 11.CllOlf ·""' 50 04 059 Item 4f )> ...... r+ w (') . ::r ! 3 w i CD :J r+ )> __/ --~~~~~~~~~~-- NB SH289 SB SH299 NB SH289 SB SH289 till> o:r C> -iZ :ro r-,,, ::0 ~ ~ 60.0' '" l2'11: •fYr.• ( JWMl!t!g.,ORapmi1N IMfilllrfiMmfaN IH° l s~I CD ::0 ..... 0 C) ,.,, \) 0 ::0 -i C• t It 1' H HU ... ~·Texas ()eportmerl (ff Transportation fl © 20 1 ~ LANDSCAPE PLAN 'OWN ~ .,RC.:PEA ~ $HECT ZO Of Z6 f'llO(IW. AJO f'-.it:C~ MO. "1;'"' I <See Tltle Sheet> SH2Bi OllTltltl I C:CUITY DALLAS! COLLIN U.C11CIM .... 5 1 o• I osg Item 4f )> r+ r+ w 0 ::::r 3 CD :::J r+ )> C• 0 •• %t 3t .. 5t 110 NB SH289 2 !I . c ~ "' 'JI ~ I I I L 'I • I i I ~ i i a a a1 "' 'JI ~I 21 SB SH289 r -~ ---- ~I NB SH289 ·~-•fVP. • -u > Vl fTJ ~ > :0 ~ f!J)~2-_'Jt_~_?_._• I ! ~~~ca~~' ! i SB SH289 1 __ ~c m · cv en cum 1 ~tbTexos Deportment of Transportation [l © 201< ::0 -< 1u0 1m LANDSCAPE PLAN tOWN OF PROSPER •lOCAM. AIO P'AOJiC'l Kl. !See Title sneet> 01$UtlC1 """" DALLAS COLLIN $lCH~ J09 52 04 059 Item 4f )> ,_ ,_ w 0 . .., =r ~ 3 .., ~ CD ::J ,.... )> NB SH289 SB SH289 I / ~I n ~ cI5 ~M ~ NB SH289 SB Sfl289 ~ 0 'b ~ ~ C• ... 2t JO .. ,. l it ..:} 9 Texas Departmttri af Transportalloo fl © 2014 LANDSCAPE PLANS TOW!< QI" PROSPER SHEET 22 OF 26 SHZ89 COi.LiN -53 059 Item 4f ___ ._ ... . . $ ~ • r .. " . J "' "" N :i: 111 m :z •I "' "" N :i: 111 m 111 "' z •. - -- "' a> N Bi m .,, FI ST S T. St• ttt HOliVlS 3Ul1Hl1"" ~ '\) i ~ ~ i ! ., ... ., -~2 1: l/) z <( _J Q.. :; .. w ~ Q.. .. <( :; ui V'l ~ Cl z <( _J .., on ~ -...... ""'! z ~ -.. --~ ~ :L~ ~-u !! .. ; ;: ~ " -LI\ ~~i~ ! ... -~ ... § 0 -< oo 0·11.1• -111J •JlYO• •31YO Attachment A Item 4f NB SHZ89 sa SHZ89 ~ i SB Sl lZ89 ~ r-t-w () ::::r . w < I ~ " -~ :J D\ oBOfETA1 '™ lyiJ!ID lfo'\We~!Rifos PVB l~!J r-t- )> n ::0 )> -C> ::0 0 C• • .. 2• Jt .... ... .-~r9rexos Deportment of Tronsportollon [l © 2014 LANDSCAPE PLAN 'OWN OF PllOSPER CotllN .... 55 059 ~· Item 4f ,,,,. NB SH289 [ SB 5!12 89 NB SK 289 ~ r-+ w () .. "'"' ::r !c~ 11\l 3 w:.. -~ c-o ~ CD l foMRMIRl~1Qij NH l~v I ::l r+ )> (~ • It 2 0 lt .... ... ,liil6~lrexos Deporll'l'IOfi cf Tronsf#fal/011 Zl © 201~ LANDSCAPE PLAN TOM< Of ....OSPEI< fDCJU,l All ll'tlO.l(t:I NO. (See Title ~ti . 01s-a1t1 I e»m DALLA S! 5"Tl 0tf 0 4 COLLIN ~ 059 56 Item 4f ~ ID 0 : :T ~ 3 ~ CD 0 ::J ,..... )> ~r-~~~~~~~~~~~~~~~~~~~~-L ~ ~ NB SH289 uo.o· SB SH289 :1rnt: . ~i~~ ~~· I~ ro I ' u ! ~'! 0 FTAI LN ~ !b&ea't;EPlRil@ 162 1m :! ! J I <• • ttitn••n ... ~9Tttxas {)epartmert <If Transportallon fl © 2014 LANDSCAPE PLAN IOWN Of PROSPER fl«AM. AIO Jftll).KCI NO. csoo Tltle sneetl DllllUCf I to.11'1'1 OALLASI COLLIN 1lCllCH "" 57 04 I osg Item 4f )> ...... ,.... SI w ~I 0 ~· ::J"" ~ 3 CD ::3 ....+ )> NOll:o STAKES S>W.1.1!£ USE0 ONLY Wl1EH TREES C-"' NOT et t.WITAHO Pl.IMI wm«lUT ST-.;. THO SHOl.L CK Y 8E LONG ENOUCiti TO R£.IQ1 M'PAOX. 1 s· A8CM: 1)£ TOP ar 1l1E ROOTl!ALL STAKE BE.YCffD ROOT SALL 2 Oii 3 -Z" OtA. UNTm'ATtl> PINE POI.ES 3 POSTS All€ 11(CUIRED v.tl!:N TntRE 1$ "Oii 11.0flt FOOM THE TOP OF ll(l()T BALL TO THE eorrou MOST BRANCHES. PUNT ~EClflCAfiOHS -....... ,_ --LM'CllfM:Ullllllll1·:rorll I u ..... -....... L-• ... 1ClllOOlun Ol •tlcnn lolO C)'l)l"•H OIAr"o.IS <v l ralnlcno Live OcM • Wo\Ll JJIU:SILAll(;( »In.II~ cm:.ws ttt•?OOt ~ 112°20011 ,~o MCl.nd n oro Too• ~tol n t..OIM"•I l[t1 .. x ott~o 'Fo1t.,. f OltW" Holly ~; t h oO"Ul•uet \19 er.oa t• ,. •• ... r Owoo\lltJ' "' " _j " 1-» . .. I h• f ti.urit.Jii ll lt• IN.ll ).I 1M1C......hl.,. Cell- 4G...allot'I )• • l 111· Iii'· 1.c· 1 iii.I r\. 4' TyplOOllJ •:i Ool Ion , -.,, I .... wn. c· ...... .J. •:i l.IOllOO .J. ~ • .1 U( _L 1f' • , •• . ... :10 · o.c. I S Go i 1on I tit"• t ' Mi n. I' Mon. ,,. .. ,-~ IS GoJ lon t ur Min. a• win.•· lrff fCW'lft 15 CO l lOl"I I 111' • t• Min. I' Wfn. •' 1..--ror111 W·TR£A1E> POt.'VPROP'ILfN!'. SlRAPS a t re1e9lo lnol~ Cr'ope u-1 1e .,... ...... ... l_S Col Ion J_ I 111' • z· J_ ~·!'-__ •• _L WI~ l ' _l1_r'_ .. __ ~oryl ..... no MOUND TRIJNK. ._... ..... "' CUT V/1RE 8ASl<ET »C REMOVt eta.AP IWO ALL TIES FROM TOP Of ROolllAU. AFTER Pl.ACJNG 1l<EE IN PIT. I REMOVE ALL HYLON ANO/OR FOi. YPROPYl.ENE LINE BEFORE PU.CING TR£E IN PIT. PREPMED l!ACIQ'U •<IX IONE PART ORCA.N I C COMPOSf, tWO v('R~;r~ PA/l!S EX6'f1NG SOIL (NO ROCl<Sll POODLE IN IZ° lAYEflS. SET PUJl.!8 Al-0 IH CE'J<TtR OF Pfl'. SttOVlDERS OF l!AU. TO BE APPROX. I" J>80V£ GRAOE. TREE SliOIA.O eE TIGl<T IN SOU.. /--; ~· lAYEll Of HAACWOOI> 84'll< MULCH 0\'£11 ENmE 8EO PREP AREA ISuesiow<Y TO ITOM 1921 __ ... EDGE OF BED Pl<EPARATl()N AR£A 1>S SH0\\1' IN ()!'.IA'-3 THIS SHEET. "IUll u -··· t ,.,.-. .. , P:::otli ~::::::::1--Wff:~lOveGf'o .. l°"G»CGD'O Lcntcno llt 1-ti•1t rcrontnr ape ,_,,_,, llnOCkiW' JIOM illled\tol10h \NII• 1-"lcn M_..,hr::lr"n. 'lil'IO .... --· Soft t..Of TuCCO loOW CJ'I nfM rr not F l°""'r' Utt•wto'llCl'W' °"°"' l'ouPO"I Molly SEE DETAIL I , TREE PLANT IHG, FOR PLANTING SPECS. ~1111111 ... - ORM; STAJ<f:S MIN. OF IZ" JITO UN04ST1JR!IEO SOL -------- ~,.,, ,,, -COMPJ.CTEO sot. MIX TO lf:Va TREE CD TREE PLANTING -888. BOX, CAN LOCATE STRAP !>PINE £_ FIRST t.<A.IOR BltONC!i UV·TREAl<D POLYPROP'YUNE STRAPS Caq. ~ f ~ COBRA !REE STRAPS by DEWl TT CO. > :.~ AllOUND TRUNK. CLESS THAN ;j" CAl.IPm! N.TS SINGl..E STRANO OF 12 GA. GAL.v. \ • COMPOS T /HALF TH E D I STANCE OF l HE LED TO A AVERAGE PLANT SPACINC THOF 6". ~/2" ABOVE FilllSHED GRAOE PLACE EXPANSION JOINTS ~~~ O 1 00 FT oc_, CONTROL JOI NTS • ~O FT oc " ',I , ... "' I' . ,_ ~'/..\'-;<, I ~ 12" @MOW STR IP /\T PLANTING BED LAYOUT NOTES• '·~~stn: ~~·~tt:m:M'•11ti 2. Con1roctcr &hOO men n"Qlll'~-. a botd edQe iQc:olor$ h lr.14r:S. 'Mlh pqi)I tot-~ by L C\>< ,t;<••'o•el bek<e """"''"°l Cl~ ~bade for pr~ 3. ~~:t~~Ol~k> ~otm ~~,~· <wOYfld by lmcbc:tpt WIRE OR APPRO\lf:D EOUAl. 5('I' WIRE AT APPOOX. 4S ANGlE. us;: 3 GUY v.tR!S SPACED CI 20 OEGJ TRIANGULARLY AROU!ol O TREE. ~x•R<cs: ,,.'t~}\:,><:•,<JF;; fiA£1Jc~~'ffiVfm WOOO€N STAKE IOR EOUAL.l. NO t.lET AL POSTS. cg) Tf1EE GUYING CREOUtRED ON TREES GREATER THAN 3" CALIPER) N.TS. 3~ COMPOST ttllEO tO A OEPlH OF 6 ". 0£0 PREP AREAS REQUIRE KER8£CIDE fREAlMWT PRIOR 10 l ILl.ING/AMENOt...'EHr , 4 • Kil.CH L+l VE.A r 9£0 PREPAR.-.T JON EXU:HOS e.ElWEEH All Pt.ANTS IN A GROOP INC AND A ~ ULNl lr.111.M Of FIVE FEE T ALL SlDtS ~ ,tt/~li _ PU.NT MAI ERIALS 1U1J1', !AS SHOW>! ABOVE> ~ @) ~:~~~~~? M~~~\M:!~~n~:R I P AR>AI NTS. . ... I Gol ICl't .,. utn. 6 I n Nin. I In SOoc9CI,. o.c. ,., wOllOl"I -· Uln. l 1n Mn. I n ... ... ,.., on w• Ylt\. • n 11i11n. • n 14 o.c. ... l eo11on .,. Min. ..,ft Mn. 1.,ft ~1 ·0.c. ... l Gol l cn .,. Min. '·'" Mln. I.I ft $11(1Ced :s · o.c • ... 1 0o1 1on .,. .... l.Sft Wln. l.Sft Sooetcr l' o.c • ... 3 OCI Ion HI& Min. 1.S ft .win. 1.s ft Sooced l ' o. c. '" ) Col Ion NIA Min. 1.Sft Win. l .S ft SOOCl4 3. o, c. • ,\11 PICl"t ti001wlo1 .:11 bot: f"U'ffr')'•Ql'Oon tn CG"IOll'lel'"I GENERA L NOTES: I. C¢nlroclor m l be responsible for relerencing llem 192 ol lhe Texas Sltlldord Speciflcolio<1s lor Consfruclion of Highways. Slreels one! Blidges 2004 10< specilkolloos. cinensions. vokrnes one! meos11emenls lho l hove been modified or no! shoY,,,. 2. All planls "ill be n.rsery-gov..i ii conlom<s unless olherwise sho>Ml on plons. 3. Rojeclion of pklnls v.lll be ii occordooce wilh llem I 92.2(bl. 4. Locolions ol lrces. s tnbs. ond beds wiR be s icked ii lhe field by lhe Coo lroclor ii occordcn:e v.ilh llem I 92.3Ccl. 5. The Coolroclor will be responsible for lhe sale lrtllsporfalion o l planls lo lhe projec l sile ood their coodilion ~ cmvat 6. Pltlll molerials will nol be· slored oo IOO'd s"1oce or lefl •"POSed lo lhe ""'- 7. Prolecl lhe rool bolls oncl woter r~lorly unlil plonl~ 8. II plonls ore lefl ii s loraQE> over lhe weekend or hofodoy, a meons ol periodcolly woleting oncl tispection con!ciner mois h1e v.tl be fJfO'Alled. 9. All planls v.11 be tady. syrrrne lric<Jl liglll k11I. ond so Ir oned or icll'ored n developmenl ond q.>pe<ronce os lo be ~ior ii loon. runber ol brooches, oncl compoclness. Plonls w<CI be soU1d. healthy ond l'igo<ous. well branchc<I. densely lolio led v.1ien ii leol, oncl ••II hcNe heollhy. well derelCjled 100! syslems. I 0. All slTub md lree plonl11gs will be rrolched oiler pltllliig la lhe deplh i>dlco led . ii lhe deloils. Mulch will be slYe<lded hardwood wilh o miliTun 3/8 Inch Cnol over 25% by vohli>el ol li>e porlicles aid dus l. Mulch .. 11 be free ol my plosllc. gloss. melols. aid olher conlamools (slicks. s lones. cloy. or olhef loreiqn moll er I . I I . PLANTING BED PREPARATION> = ~ ~o~~ 'io"'l<ilf~~s~~s~s1 ~1~~0d~~ci~ 1.!flf~~~ ~~~e eomplele ~l ol ion coolrol. RecwlY os necess<ry beCore opplyio\j C01T1><>5 I. f'if!P/6 J~:.~;~3Jc~s6rsrz~:ff~~01 ti Ptoo~~:OSGe~~'t':~t-iy ~:J:l'~~~b~llifi~ ~c~I~~ pi:,,~ ~~01~01ol ely bul ••II be ~Texos Deportment or Tronsportotfon I © 2014 LANDSCAPE PLANTING DETAILS rwea.u. • 1 o f'ROJtc' MO. ISee T i tle Sheet > OISlfllCl CO'.Mtl' DALLAS Cot.L IN SCCHOM .... 04 059 58 Item 4f ~ ...... w () ::; 3 CD :J ....... )> ' : ~ ' . ~ !. !. ' A ~ g i iii ::i "' ~ ~ ! ! ~ ' a ~----= ------------------v ~ I RRl&AflON l,...e.&e.NO lli1l Ni>W 3/t' fM' l$ Me.HR VI Nf>W I" f)AGKfL,..OW PRe.Vi>Nf OR @ lRR l &AflON CONfROl,...l,...l>R 0 CONfROl,... VAL,..V~ l:Ji. CUICi<. CvUPl,...lN& VAt.-Vfi. ~ Z BUBBL,..fi.RS -.25 &PM Pfi.R f)Uf)f)l.,.fi.R ~ fl,...OW RAf6 VA1.,.V6 l,...Af)fi.l,... ZON~ fYP~ -·-MAIN l,...IN~ l 112.' -l,...AHRAI.,. t,.INfi. 3/1' ·-l,...AHRAl,... l,...IN~ l /2' == ROAOWAY 60R~ OR 1"' r"VG Sl-!>~V~ • ORlf' fUf)lN& ... NB SH289 I. I f ]' j ' SB SH2 89 D 1 10.<) GPU 156'tlF 1U81NC f ~- "'H[N lAAIN LIH[ ANO VllLVES ARE SHO!f.'N IN AOAOWA.Y 11 IS FOR C.LA.JU f Y PURPOStS ONLY. C• OHJO J tfGSt IH '"Tl ::0 0 .z -I ..... ~. l'T3. f f. l ~ & ' ( -;;= ----------------u - "' ~ -< - 0 .,. NB SH289 ~ ~ l-·-·-·~·-1 -·-·-·-·-·-~ ~ .•. -.... ·NE~ ~SL ~EVE ' It • l . "' BORE --....-·---'£ SB SH289 2 -- \).NDSC'.4,o, ~eTexos Deportment of Transportation ~\> ........ -e.,,_ © 2014 ~···'v.J ''•·~ § • ,c. . ~ •• <;fw,,~ .I RR.I GA T I ON PLAN I ... :"<t "\Q ~ .Q.. :r:. TOWN Of PROSPER . . tr \ !tr IP}... l49Q ·-i SCALE : I "•SO' ·0'" SHEET 16 Of 26 . .. .. M~::i:: HOCRAI,. All> PAOJ!ECT MO, 10 .. ,::u '-:'ti,., •••••••••• ~ i~ 6 !See T i t l e Shee t! SH289 ~OF°' EBB SlAfl 0 1$.lfll l(J '"''"' ,..,., /fl,kfJ.. IJJ;;;;;.v "L•2Pa.iio~ f-!t~ TEX AS DALL AS COLL IN '"'"''"' Sl.tll()lf .... 74 Si onoture o f Reola 'J(JJn t & Dot e PJH 0091 04 059 Item 4f ~ w () . ::J9 ~ 3 0 . w CD ~ ::J ...... )> (~ ••• 11 JI.... , .. 1! 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SB SH2 89 ~ "1-'EH MA IN l t~ UC) YA.l I/CS AR£ SHOIN IM ROAOWAY tJ lS rOlt Q.AJttll' P\ltPOS(S ON\.Y. /;";\ P~OW RAf6 \C3/VA~Vt ~Aet~ZON6 fYPt MAIN ~1Nt 1 1/2" ~AftRA~ ~IN6 3/4' ~AftRA~ ~IN t 1/2' __ ROAOWA Y MRI> OR '\' PVC 5~61> VI> A • 2 euee~tRs -.25 &P M PtR eue e~i>R • ORIP rne1N& ~ ~ J. l. 40 GPM St 1U' Tl.81HG ~ I ..:t"rexos OIJportment of Tronsportolfon [J © 2014 IRRI GATIO N PLAN TOWN Of PAOSPER (OIPM, lo TO l'flO.t(_(f ... <See Title Sheet> OtS TR ICl '°"'" OALLASI COi.LiN Cetil• I UCUOI ""' 76 0091 04 059 Item 4f ~ ID () ::r 3 CD :l ....... )> <• ••• 2 t 3t 0 5t IOt NB SH289 ~ .. ·-·-·r-·-·-·-·-· ' ' ~ a SB SH289 ---./ "'U NB SH289 ::0 0 ~-·-·-· Vl 0 -• "'U ~ • ' ) fT1 :0 ! 4' ; ' ::0 ' ~ -I A • ::0 ~ SB SH289 )> ll! g ~ IRRl&AflON \...~&~NO ~ N~W 3/1 ' fAP $ M~f~R ~ N~W I ' BAGKf\...OW PR~V~NfOR (X) IRR l&Af lON GONfRO\...\...~R 0 GONfRO\... VAl,,-W- 6 OUIGK COUP\...IN& VA\...V~ 8 2 BUBB\...~RS -.25 &PM P~R BUBB\...~R @ f\...0 .W RAH VAl,,-V~ \...AB~\... ZON!> fYPI> -·-MAIN 1,,-IN~ 1 11'2' -\...AHRAt; 1,,-INI> 3/1' -1,,-AHRAJ... \...I N~ I /2' == ROAOWAY BOR~ OR 1' PVC 51,,-HV~ • ORIP fUBIN& 1'1t£H ._,AIN UUE AUD VALVES AAE SltO'IN IH ROAOWAY 1l lS rcn CL-.AITV PURPOSES ONLY. r ~ ~eTexos Deportment of Tr onsportollon fl © 2014 IRRIGATION PLAN TOWN Of PROSPER SHE ET 19 Of 2 6 fCOOUl AIO ~t HQ, <See Title Sheet> SH28 9 OISlllCl c°""rr Jii.. ll4i.LASj COLLIN KCT ICH J09 77 04 I 059 Item 4f ~ cu () :J"" 3 CD :J ....+ )> ~ Vl("'.) o.:r ~ I /~~ I -------.:Z: 0 -·--·--·-·-·-- r ITI . :::0 I NB SH289 l 58 SH289 NB SH289 SB SH289 CD :::0 ._ 0 C'> ITI "'U 0 :::0 -I -·-·-·-·tiiiiit ' - C• t It 2t Jt 0 SI ltt ·-·-·-·---.. --.~---. ( ' ( \ lRRlbAflON i...e&eNO ~ New 3/1" fAP ¢ MefeR ~ New,. BAGKfL..OW PReveNfOR ~ IRRlbAflON GONfROL..L..eR 0 CONfRO~ VA~V~ t::. OUIGK GOUPL..INb VAL..Ve • 2 6UB6L..eR5 -.25 &PM PeR 6UBBL..eR ~ fL..OW RAfe \2:/VAL..Ve L..AB•t...zoNe f YPe MA I N L..I Ne I l/Z ' L..AfeRAL.. L..I Ne 3;~· L..AHRAL.. L..1 Ne 1 /2 ROAOWAY BORe OR ,. PVG si...eeve 'IWEtf MAIH lltlE AlfO VALVES AR[ St«)WH I" ROAOfA'f 11 IS fOR CLA"HY rUAf'OSU ONLY. ~·Texas Departmert of Transportation !/ © 201~ IRRIGATION PLAN TOWN Of' PROSPER 'lllCJl.U. .AIO "AO.ICCl MO, <See llt l e Sheet> OIJUUCI I COUlllr DALLAS! COL L1 N ww ~ OR IP fUB I Nb r"n ""''""' """'" .ict 78 !i; ~~ PJH 0091 O• 059 o~.L-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~__...~__...~~~~~~~~~~ Item 4f ~ w (') :::r 3 Cl> ::::J ,...... )> (4 t It H U 4t H I Ot NB SH2B9 ~I r l ~"SJJ ;;;;;: . ::57 "'SIA""'V'fb ~ ....... ,,,., e:S! _,., Z ....,4"'1 r:CJ ..., en ........ ...., ..., I e:SJ !!S7 E X1 $T/N~ "<1 ::Sl ::57 ""7 ::5J ma r l W!•ffi t:~ ~ -. -·-·-,;·=···-·-·-t r •W•&•·r •·•••W••• I IRR1&Af10N ~~b~~O [f;1I N~W 3/t' fAP ¢ MH~R ~ N•W 1· DAGKf~OW PR•V•NfOR (j) IRRl&AflON GONfRO~~•R 0 GONfRO~ VA~Ve. 6 OUIGK GOUP~IN& VA~V• • 2 euee~~R5 -.25 &PM Pe.R euee~e.R !~0-f~OW RAf~ '2:/VA~V~ ~AB~~ZON~ fYP~ -·-MAIN ~INe. I 1/2' ~Af~RA~ ~IN~ 3/t' -~Afl'·RA~ ~I Nt. I /2' == ROAOWAY BORt. OR 4' PVC 5~~~V~ ~OR 1 P fUO IN(, -0 )> l/l fT1 =e )> SB SH289 ::0 ~ SB SH289 ·-·-·-·-·-·~· ··~--------------i>-----------<1'--~~ .-,~.t\I 111• Ill LUI[ AHi/ YA'-VP, Aft[ $HQW11 I N AOAOWA'f JJ IS F'OR COAITY PUM'OSES OHLY. ,1 ~/'rexas Departmerd of Transportotlon fl © 2014 IRRI GATI ON PLA N lOWH Of PROSPER rtoOIAL "10 "9CJtC1 "°" 1see Tltl• She et> '"'""' "'""" DALLA SJ COl.L IN KCllOlll .... l9 04 I 059 ~ ---·-·----------- Item 4f ~ ...+ w (') :::r 3 CD :J r+ )> .. ...... ~ t It lt H 0 st lff ~ ;;; 1.S6 CPM ~ ~~· ~ 2 NB SH289 °"' 'fir c:;.. ~·.-...~--·-·-=·---=··--=· ·-·-·'-·-· ~ <1l01.r tU llHO txrsrrNc SLEEVE i ~w SB SH289 ~~ ~ ntll / ;;:16 r------......---=~::o -I L • o ~I . . _J. ~l g VI~ ... ;.,, ~R"° ) ~ im;©&@ ~ ____ /~, ~ 14 IUHLtAS EXISTING Sl££V£ -·-·-·-·-·...;;; .. , .. ,iir:<-t _.( ... SB SH289 ~ 0 ~R lbAflON t..-tbtNO -----------~~~~~~~~~~~~~~~~ ~ NtW 3/4" fMJ ~ MHtR ~ ~ ~ ~ Ne.WI' BAGKf\..OW PRe.ve.NfOR &_ Nt\V e.t..-t(,. ~e.RV 1 (,t/NUMOl>R (x') IRRl&AflON GONfROt.-t.-e.R 0 GONfRO\.. VAt.-Ve. 6 OU I GK GOUP\..I Nb VAt.-Ve. • 2 euee1.-e.Rs -.25 bP M Pe.R eueet.-e.R @ f\..O W RAfe. VA~Ve. 1.-ABtl.-ZONt f YPe. MAI N t.-I Nt I l /Z' \..Af t.R A\.. 1.-I Nt ~/1" 1.-AftRA\.. t.-INe. 112' ~·· ROAO WAY eoRe. OR 1 ' PVC st.-e.e.ve. m ORIP fUB IN b WK£H MA l N l1Jrii£ .ANO VALVC~ AA[ S..o'#N I H ROAO'li'AY n JS f(IA ee.AA U Y p"""'osrs OM. y. ~ !! .., 3 i ..:T"re11os Dtlportmerd of Tronspcrtatlon tl © 201 • IRRIGATION PLAN lOWll Of PROSPER SH££1 22 OF 26 HOCllAl.. AID ttfll)J(C.I fCI, " <See Tltle Sheet > SH289 D:llllltlCl COl,IMlr )Al LAS COLLIN "'"°" .... eo 0091 I 04 059 Item 4f ~ Q) Cl ::::r 3 CD :::J r-t- )> ' ' ' ' ~ I I ~--. . . . . • ~~ • NB SH299 !. _!.-!. ' f i t A EXISTING SLEEVE .,_---..- ; ; : : ::....:. SB SH289 lRR l&Af ION L.-~&~NO !Ml N~W 3/'l ' fAP ¢ M~HR a.1 N~W I • BACKfL.-OW PR~V~N f OR WHtN MAI N UH£ 4MO VALY[S ARE Stm!N IN ~ ffOAOWAY IT CS fOR CLARITY PU:RPOS£S ctlt Y. IRRl&AflON GONfROL.-L.-~R GONfROL.-VAL.-V~ A OUICK GOUPL.-IN b VAL.-V~ Ii> 2 BUBBL.-~RS -.25 &PM P~R BUBBL.-~R ~ fL.-OW RAf~ VAL.-V~ L.-AB~L.-ZON~ fYP~ -·-MAIN 1.--IN~ I I /2" -1.--AHRAL.-1.--IN~ 3/"I" -1.--AHRAL.-1.--IN~ 1 /2' == ROAOWAY BOR~ OR 4" PVC 51.--~~V~ • OR I P fUB I N& ~ C• • 10 ti 3t 0 5t IU / LJ NB SH299 .. EXISTING SL EE VE i ' . -~. T1 • i *' ~ ,,_ Vl ( ~ -I !: SB SH289 Vl l -I "C ~ . \ / @ 6.<6CPM @ 6.SO GPt.I ~ 969U TUBINC 26 8U81)l.£RS ~ ~ ,, ~ . . e; ·-·-·-· ~· f -·-·1 ·-. .. ~ A ' "' _,,/ ~ - . -~~Texos Dllportment of Tronsp0rtollon \).NDSCAA ~~ .......... ~~ © 2014 ~·'¥.J'• ~···,<.. ·~"·~ I it{:;~\"i/. IRRIGATION PLAN ~i~ x:Q TOWN OF PROSPER tr\ I * "';·... /49~ ·~ SCALE•l"•SO'O" SHEET 23 or 26 . .. . .. "........... U~·r.R:· FCOEAAL AIO •aoJttl NC). 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COLLIN $tC11at .... 82 04 059 Item 4f ~ rt-tu () ---·· 3 CD ::s ,..... )> NB SH289 ~ .... p: p= F CE I??@$ ce 5111 a::a. a= cw a:; mm re>~ .. ~~-,,. _, jl';. -. $~ o~ l IRRl&AflON ~6&6NO ~ N6W 3/1" fAP $ M6 f6R ~ N6W I" OAvKf~OW PR6V6NfOR ~ IRRl&AflON 00NfR0~~6R 0 C,ONfRO~ VA~V6 6 OUIGK GOUP~IN& VA~V6 SB SH289 NB SH289 SB SH289 • 2 OU00~6R5 -.25 &PM PtR OU00~6R @ f~OW RAf6 VA~V6 ~M6~ ZON6 fYP6 MAIN ~1N6 I 1/2' ~Af6RA ~ ~IN6 3/1' ~Af6RA~ ~IN6 1/2" ___ POAOW~Y BORt OP 1" PVC S~66V6 ~ ORIP fUOIN& WHlH MA1H LINE Arf) VAl.l/ES All( snowK IH ROADWAY IT IS rOA Q.AIUTY PU!POSCS ClHl Y; (~ ... 1t ,. .. St ... 1;-=f -=• --.:1 ~I 4llC1 . .C.1 ~-:::1:.-::1:.-:1:-:o,.C::t ~o;-:::o.--=:1'.oiiliC1'..-::t•~t'~t".-C:o. ~8Texas Depqrtmerl <f Tronsport(llfon fl © 201~ IRRIGATION PLAN TOWN OF PROSPER COi.LiN ... I d3 059 _I Item 4f ~ ,..... 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TIE TO >IEAO IMTH NYLON W111E TIES AS SllOWN !SCH BO Pl/Cl\ FINISHED GRADE F"r' L."I' -.:sf.:J1 H - ~ lo V~VE BOX TO ACCOMOOATE BOTHV~VES BALL VALVE FROMT OF'F MAINLINE 4" X 8" )( 16" SOUO CMU 81.0CKS STACKED 2 HIGH AROlJ'l!l ENTIRE eox @ QUICK-COUPLING VALVE N.l.s. 4" POP -UP SPRAY .u..i.-1 ·I SPR ! NKLER BODY 1 1 w/ FLOO D BUBBLER z ::: N (J) TREE-BUBBLER 7 lWO PER TREE PLACED ON OPPOSITE SIDES OF N.T.S. 1REE Al 6" IMINJ FROM ROOT BALL SET VN..YE BOXES nusH ""™ fNSl£.I) GRACE. eox SHAU JJ..lr:J# F~ ErSY REMO'/Al Of VALVE ASSEMBLY. ~STAL.I. WEfD 8/oRRER AROlM) 80X. TAPE All OOR'l'/EXIT ~ t-lST AU. so eox <'AH OOAJN. -~~-~PEAGRAVEl.80.0W ~ VAl..YE.BOXEXTENSIONMAY 8E REOUftEO TO ..al Ct.£ARA!<CE .. ~ DOUB L E CHECK VALVE ASSEMB LY N.T.S. @ D~!~ ~0~!~9-~ _v~L:'~-___ _ ~RIGATION COtfl ROl..LER COMPATIBLE WITtt 1HE Cl!VS EXISTl"G C£NffiA!_ CONIBOI. SYSTE•• SHALL !<Cl.UDE AAIN/ FREE?£ SENSOR CWO\Jf ~OR SENSOR 'MllfS ~tt r'rw!~i~iu 1~:JNC fN;: :'t!:.,.,• rr-o>o, @DRlr_) TUB ING LAYOUT (TYP.l @ PEDESTAL IRRIGATIO N CO NTROLLER 2· BE.LOW 80UOM ot VolLVE, flNlSHEO CAAOE / A.Uf:l(J: n~V( &Ol 80HQ.t or Vlll.VE BOX J.IJ$f EXl(tl(l _'1 1 @ ~~~~N~;~ .~~S2~!~21~R~ AL VE IN ~.?.~ l'1h!!Y~~~· ~eT11xos Deportment of Tronsporloflon I © 201• JRRIGATION DETA1 LS r£C'£1W. .uo MO.Jl'.Cl HO. "'~., !See Tl t I e Sheet) SH289 01$TRIC1-l """" ...:;-· DALLAS£ COLLIN stcrn:w JOI as 04 r 059 I I J Item 4f ~ 3 I ~~8 .. 333 :I ---...... 0 _,,__ ~ V'IVW\ X a ;; ~:~ ~ ~ ~ I o I I -... ---~ ~ lO•;'.Z•O l •OJ~ 11\ltl 03J. Y1dl"31 Attachment A Item 4f Permit to Construct Access Driveway Facilities on Highway Right of Way - PERMIT NUMBER: ..O.U I :Ii V ~0-119 S ~Z.X<-t GPS• ROADWAY REQUESTOR LATITUDE, LONGITUDE HWY NAME I SH FOR TxDors USE CONTROL I 0091 NAME Town of Prosper SECTION I 01 MAILING ADDRESS 407 E First Street CITY, STATE, ZIP Prosper, TX 75078 PHONE NUMBER 972 .569 .1099 "GLOBAL POSITIONING SYSTEM COORDINATES AT INTERSECTION OF DRIVEWAY CENTERLINE WITH ABUTT ING ROADWAY Form 1058 (Rav. 05/13) Page 1 of2 289 The Texas Department of Transportation , hereinafter called the State, hereby authorizes Town of Prosper !/:IP!)'M .zLIG/IT!tJN hereinafter called the Permittee , to 1:8] construct I D reconstruct a Median Irrigation -(residential, convenience store, retail mall. farm , etc.) access driveway on the highway right of way abutting highway number SH289 in ___ c_o_ll _ln ____ _ County, located between US380 and FM1461 USE AOOlrlONAL SHEET S AS NE EO EO Subject to the Access Driveway Policy described on page 2 and the fo llowing: 1. The undersigned hereby agrees to comply with the terms and conditions set forth in this permit for construction and maintenance of an access driveway on the state highway right of way. 2 . Design of facilities shall be as follows and/or as shown on sketch on page 2 and is subject to conditions stated below: Per Attached * Lane Closure must be between 9:00 A.M . to 3:30 P.M. *** No irrigation apparatus allowed and Re-vegetation in the State ROW must be established prior to final inspection. ***The permittee shall contact the the state's representative when state ROW portion of work Is complete for final inspection ***** Minimum of 10 ft . asphalt pavement to State Road are required when state roadway are paved with asphalt.****** All construction of materials shall be subject to inspection and approval by the State . 3. Maintenance of facilities constructed hereunder shall be the responsibility of the Permittee , and the State reserves the right to require any changes , maintenance or repairs as may be necessary to provide protection of life or property on or adjacent to the highway. Changes in design will be made only with approval of the State . 4 . The Permittee shall hold harmless the State and its duly appointed agents and employees aga inst any action for persona l injury or property damage sustained by reason of the exercise of this permit. 5 . Except for regulatory and guide signs at county roads and c ity streets , the Permittee shall not erect any sign on or extending over any portion of the highway right of way , and vehicle service fixtures such as fuel pumps, vendor stands, or tanks and shall be located at least 12 feet from the right of way line to ensure that any veh icle services from these fixtures will be off the highway right of way. 6 . The State reserves the right to require a new access driveway permit i n the event of a material change in land use or change in driveway traffic volume or veh icle types. 7 . This permit will become nu ll and void if the above-referenced driveway facilities are not constructed within six (6) months from the issuance date of this permit. 8. The Permittee will contact the State's representative Ray Hejke ~--,.,,...,.-:----:--:--:--,--<::----''----:---:,.---:--,...,~..,...,...-~.,...---~ telephone, ( 972 ) 547 2345 , at least twenty-four (24) hours prior to beginning the work authorized by this permit. 9 . The requesting Permittee will be provided instructions on the appeal process if this permit request is denied by the State . Date of Issuance State Authori d epresentative The undersigned hereby agrees to comply with the terms and conditions set forth in this permit for construction and maintenance of an access driveway on (he highway right of way . 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"!l&.Zl!....el"OR HoltolNJ ~C:.~----- I ' I ( ~ ( IRRIGATION UGEND AND 8CHDUU JI ....... I DEOC"11'TION 1 ............... 1 """"'-I ~IZE I HOZZU' l (!] 1 -~~ ~k-·--• :~~ I 1 ~:.i I • I ~·-~ -~ , . ...,, I s 1-.-""'"'°'""""'"11! -w-·-l"ct~• -~-·--·-· ~.~ --~ --~ • 1 ~:~~~----I .& I :.:==~ I 1 °1 --~ -·--··-:~:~~-~~ ----··- I (i) 1 -....~v'"'-llt I G> I -·-........ -··- I e 1-'TDtV""'._. .__ ........ ,.,,.. ·~-··- I 1--....,. --wg....._ -----l'\U.-111-··-1 --1 ---~ ........ -··-1-1 --~~~ -w-··- --fl·----~-­,,, ......... ~INl!Clelo ~--uJt.l'Dl>l ...... Y'I: MP1!R TO 81BT IR22 FOR ALL IRRIGATION U811m AND 8CIEDULE ltil..1..~~~TOOCCl<l!trut6~ NOTDJ ~~TO DC iteT.t.U.ZD 5T eDlllC. AU. el.Ul1't1C...._ ~TO ele ~NAn::t> aT' ~ ~ GDNl1UtGT09l.. ~Taft TO vet:N P'LNmN& ~ l'ln4 L.AHD5GAPI: NtL.ltn:.c;.T!De51~ AtCJ MaPIP"I' Dl'tlP' NCI~ L.ATOJT AGGOftDINM.T _.111-.-...ru~~ !l•-1-...... M 1-~ .......... 1-• !Wu _ _. __ .,. ....... u .... _ _.,. ... ........... .-.. _,. ~ 0 C/J ;z I-z z UJ ~ UJ :a ~ ~ UJ > i;. u 0 § fJl iii c.: 0 c.. u Cl ;;: ~ 5 ;z c 'ii 0 >-<!'. iii u .§ <( ~ UJ ~ p,.. :i: J: <!'. 0 u 5: 'o fJl ~ Cl °' 00 ~ ;z ..... <!'. :i: -l C/J I!! d ~ l1UUl'.t.,. AALOOI Item 4f MATc:.Hl..INED ...,.,.,., ••••••• MA Tc:.HLINE D ei~ L ··t···r········ I--;:• HAMl..lte ~IMP' ... ,,,_ l"Cl'l~IT'T'OM...Y'IHtTAU.JM I AO.JolriGDfT L.AHD$GM"f: ~ I I I I I ' MATC:.Hl-INE E ,,_,., .. ······-MATC:.Hl-INE E z I ~\, t·t··----· t----~~~IH..:~~H I AO~~~ AltCA I I YI f 1 IRRIGATION l.2GDD AND 8CHeDUU 11 ....... I Dl!SCRl,.,,ON 1: I • 1---- I s I G) le 1--1---.... 1-1 --~-.... ~_.,. ...... __ ..,g_ !'ILL-.. - I S IZE I NOZZJ..J! -·-· -·- MP1!R TO SIRT 11122 FOR FULL I HllGATION L2GDD AND IClllDl!U AU.~......e~TODeEAIST1N6~ ~OHl"'\.NOTO!le:lldTAU..CPDT"~ "'I.Jo n.CGntlG"'L. ~TO Cle ~ft!) DY ~ NCI GOHnViGTCft. COHTR.AGTOR TO Vl!:lllr"T' ~MPS...,,.. L.AHD5.:M"f:AltGHITt:eT~AtCI HOC!lr-r'ORIP' NCl~U.l'atr~T -•••--ou~· 1--~• ...... 1-.1 20 10 o 20 e--I I"• 20'-o· n. ... -..Ji ...... ... -..... --_. .. .. --~ ........ _.,. ~ l'ltllltrT Item 4f ' MATGHLIHE F .......... ·-------MATGHLINE F MATGHLIHE 6 """''"" ·-----·· MATGH...INE6 _,. ... --- 1-~-1 ...... . I 2· MA1tC..11e ~'",.,..VI,. 1--l"OftC:l.NtlTTClM..T leT~ll'I I 1>D4rm~.lftMUo. ~ -·1 ~ I I DRll" 11Ull6 ... Tiot-I "" "'··· ------· I -I r;;;;i I MATGHLIHE 6 """''"" ··------MATGHLIHE 6 z I ·~·~"""' "'*'111.Jl'C!C:~-- "" MATGHLIHE H ...,.,~. ·····-----MATCH..IHE H I r. , . - ------· =•IQQ.6"'TI0H I I 1--~:~.:....~w:..:~I N I APJ,otr.l::on'~~~- 1 I I I GOHTIUiGTCA TO MODll"T +e.AD -#--__,;-L.Al'Oll' ...-TM b. !lnttlo ~AH ~Mc>"'"'~ --·-------· I I lllRIGATION Ll!GDD AND 8CHEIKU! • 1---- ® ,_,_ ........... 1 --1 ---~ 1-1 --~-- ·-·-- __ 9'1.,_ ___ n:.~ ....... ~-"'""'° ~-~-''""'""~ I ~ze / NOZZLE ----~ -- __ ... _ ··- Rel'BI TO 811&1' 11122 FOR FULL •RIGATION Ll!GDD AND SCHEDULE I AU.~ Nte ~TD II!! e,..rtnltlo ~ JOTU)GIN~l0llett6T"'l,.LZP•T~. I .-.U.~~~TOlle~n!Dltl' ~NO~TOlll. GONnlAGTOtll TO VE'tll"T ~ eeDS "'™ \.~~T~AIC)MOOl~DRll" IYCJ~lATClllT,lrrGGOKDl,...._T ,. ... ,.....,.,.p.,. one<,,...,.. 2" 1"°'-"TIOH VAL.VE 2"~!l"""lf'CJll :2" oo.eL.I: CfCll: ~T ::l "MA•~v...._..-e I 2· Hot>11t..•te: ~~WAND RELATED COMPONENTS :ot«!¥AL.~~ ~ 'Dm'f" A"!: 1~1'0R lHI! ~ 0#' ~T1M6 HMTbl ...,.._AO.J ~ illl.llllLO!o OH C....CM ~ TNZ,. ........ TllON GONTJUroGTOlt ~ ,.IAD vCllllf'T lKAIT ~ ZDfCI PO HOT El'IG~ nte:~~~,..ttll'E,20~ ........... 1 'nc! IMl6"'110N ~TOl'l ~ 5-TM:..C EAGH T1'l!I!: ~ teAD LOGA.TIOH NO ~EN~ ~Al.. '""""1 ne~l>H:>IOft'nc!~'5~"n~~rott T911eT~TIGH., -'''--m" -·--~·I>• __ ..... ~, ... "" I 1·-~-0 · ""''" _ _. .. ....... ... _. __ ...... _ ............. -... _., ~ 0 "' ;z: f-z z t.U ::i UJ ~ ~ ~ t.U > i-u 0 § (/) ti 0::: 0 Q... u 0 c: ~ 5 ;z: c :a <: g >-u ~ ~ ~ UJ .§ ~ 0... :i: 0 <: 0 ct ..... u s: 0 (/) ~ 0 "' 00 z N I- <: :i: ....J "' l1t1Ut:CI AALOOI Item 4f I MATGHLINE H ~'""' I I •••••••••• • MATGHLINI! H MATGHUNE I _,,.. ·-----------MATGHLINE I _,, .. I I ........ I I I ~I 11 ••••• '1 '"""""""-~""'""' r-f'Oll~ON.."l'IH$T"'U.lf'4 ! 1-- 1 ORIP' IJUU6AncN ,.,.,. f!J "" "' [il ... MATGHLINE I """""' ········-MATGHLllE I ~ z f MATGHLllE .J ,_.,, .. •••••••••• MATGHLINE .J ~~~t~~~-1---r'Oll CLMIUTT' OfLT lfffoTAU. IH I Ap......aHf LANDSC~ AIU!A ~I 11 :.1 I I I I r:::•--AT10H I I I I I I I I I I ~TCIRTOMOD!f"T'~ -/----f--LAT<Nf rlnt ~TIN6 t1!CN_,. I ~""°""""~ I I I I I I I I I ,I ,, .'.I I ~l'OftTO~~ \--.f---t.Al'OJT "''™ C-.ttn. ICDIAH MOO<-.. r I-:l"HAltLJIC!~ IH~AVI .... l'Oll GL.NllT'T' OJ.LY IH$TAU.. IN I ""~~.-...:~. IRRIGATION NOTl!S..n!R D ~CIC A~ l'\MGTICIN~ MlrOHATIC 11tfl .. AT10H ST$TD-t INC~ LA80fl ~......S.~. T ... ~.ECl.'I~ NCJ OTICJt GOS~ IHGIDCNTAl. TO ~~Na. AGaJUQ! ....unDI ~.t.L ~ nt! 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NT~TION Of" nt! ...U•AnoM 9Y9nMN1W nt!~~ c.oKTIVGTOll TO~ AU. ~""""ftlU..._ f'LL ~ "°'~IM~~ rslM ne. IHTDIT Of" nt! ~NC ~l~TIQJ6. nt! IJUl»AT\OHGOHnUGTOR ~llC:~l"ORD~ TO ~l'tAT!!llJAL ~TOSTSTD-f,.AI~"'°"" l~Olt~:r'P'Ollnt!~T10NOf' "ne 116T""'"1.,.\T10Nat'l"'l.>NTH4TP.IAI.. AICl-l~f'ElitlOO~llC&T#til.LATION. TlC t~,a,TION GOHnv.:;TOll ~~AU. LADO'l...,.., ...... ~...._~TO tWC) Pt6 l'tllMH ilLJ.. ~ISTlld TRCE Pltl"-lte zates AT MO APPITIOtlAI.. c;otT TO TtC ~ nc 11Utl6 ... TIClNGOWT1UoGTOR~ee~ TOST~ ~l"ZG~~ ~AL l'ttoH ALL Pl"IP\,Jte ~TO AM ~HI._.~~ DIHIH6 IN ~Of"t:><l9T1H6 ~~OR Nn' AODITIC)H..loL ~ Tl'CATM....,De: ................ ~ Cl'e bflVri ~"Ill: TO f'Nl~T V"'L.VL-.o.'1C """"""4.LLL TO GO+tOH ~~,..TM ttOTAU.Anc:it' Of' az..D NO""'"°"' l"I~ ~ rt.lllE ~DI: Dll'llCT ..._......_ 24 VOLT~ ~TOR.SOLID~ l"\.A61'11; IHML.ATUt G,tr,,DlL "-"''IEP P"Olll Dlltf.GT IUllA.L. .....,_IG.ATIOfft, W'. l.L. ~.l-l6"""6t:M:M>U1~AICIGOl+tOH~~rclllELoM..eM~ ~IW!ON""-""6.~at'lt61A...AT10N ...... Clt..l.Df'do, L.l!.-.P r\:lllE• NW Ga..a11t fSAH: GQ..QftJ, ~ l't"lrn: OR~ Gat-MON ~ rcite. rHn: IGO-DffJ ~T"-A "'"'""°'-11:~. ~ IGOLC:lfU rl!Q! ~IG&::so ~ 8: IC.IN& mc!..S~ ri (TN41 Oil !fo+.c:eT ~NO """"~ IHl!oTAU.M.J.."tlte.~ IN IO" 11.t;\tC)P'EHTBC.VAL\l'l:DC;r..S . ne ""°' NCIOA L.NC1K~ l'ACHITu.T ~ ~ nc ~ ~ LDC;Anotf. nt!-....noH~TOll~~l"IMA.l.i:t.ec.Tl'Uc; ..... ~noN °"~""-LDGA.Lc.a:.T1t1G....a..C:OOC. ~""LJ..~fv.ie Dal!LS. GDJCUT, r'ITTIMH-, ~TOlltS Oil~ ~TRIG""-De\flc.5 TO~ GDNeenoN. ~ SKOolL P"ltOVIDe t:lZt:TIUGAl. 50lYIG!! l"llTKN IO LllCAA ~Of' ~LDG ... TIOM~~~l!!CQHDl'tAf't:HIH ~T~~TO~i'ITH~NllU!!IH~~TO ~TIN& TO ite>tOTe GowntDL V""'-VC.. AU. ,.V.C HAIN..Jte MID L.AT'btAL Lite~ N!G~Vf! AS P'Cl..L..Qrd, to• MIN:H.M GOV'Ellt l"Oll HlrilM Lll'Cto 10" Mltc!'U"I GO'IDl P"Olll ~ 1,DCATl!D l.tCl'Ul P'A"1Me IT Ml~ GOVD'. f'ClR LA~~ nc~~TAtt1::2~ftC~DeMDLATal.AL.ute~~~ .. otl ~Cll~~lel6' nc H:HM.M HOftJ::DNT.tr.L "'5TNa Of'~·~ er ~IMT.ue:D ~"""" V.tr.l.'lo"e THAT,,,,.,_ lteTALL.eP ~ 9Y SIDe. ~ ~..nc:.I! ~ Mtr! INIT"'LlZP OH nc HAltUIC l"otll INITAUATIOH Of' nc el.ZGTI"IG VAL'o"r:s NC)JOlll Q.llGK GOl.ft.1H& VAL~. nc cotfmAGTOR ~ UHIT nc ~Of' ne5r: ~ !ielit.VM;I!!: Te. DO NOT INIT"'lJ,. HC:*e: TMAH A TOTAL Of' EITIO. TMUI! el.£CTJUC VAL~""' A ~H.toTlON Of' 1"" IEU!GTfUG VAL'/eS NO Ofe '2llC.K. ~ 'ilAL\11! AT CAGH TIZ. 'nt!! MIH:H.H P1STAHGI!!: ~ .. lTT1Mlt$ ~el!! 16' A$ ~tD IN T'tC AD0Vt Nate. AU NC. P'1~ NCJ .. lTTlltltS ~ f'O el!! f"'l'WCD N1M """""-I! NG~ 90..VEHT ecf"~ ~l'lt-16 '*VG G&efT IH .a.c.calDNCI! "™THI!~~,_ GODE. INITAU CMGK ~~ V'ALvrt IN 12'"'1" ~VAL\/'!: llO~ !"al PCT"IL ,,._..._ ~T CUCIC GOl.ft.1N9> 'il'""L.\IH TO MAIJC..H! P'11"C l'lfnt LAIGO !Ml~. o-«J,_ ~ .,COf~ ~ PCTAIL ~ 9"22·22. ~y 0!'90. l'lnt ~ GaPl.£llt. i.:eT"S NTM~V'8.~DlllDfAGM.,il5~-tOAND~~TN'tl.Y VAL.~TOlll!! tteT""'l..UD 50 n4AT nc TOP' Cf' nc a.llGK ~ 1• .:r E.Drt aatTO'H Of' V"4.\11! DOllO LIO P\AV'U! UO !iHAU. ~ "NOtf.fOOTAIK.L Hat SM'!! .. OR Pl'lll«I,,... IN 06U5H NO,,_Ml!H AlJ..lATal.AL.U~!IHAU.111!! " .. "Gl...AM200NGl.M.E:l6anc!Rrtl5e:HOTa:l'OH~. ZQtl!.vAL-..e~AS 'QPDf" AA!~"°"" TM!IM Of' ~y~ ~ ..... AO.I TRE! 11211SUJU ON~~~ UUll6ATIOH GOffTIUtiGTOlll. ~ P1C1.D vaut"T n..-.t nee zoa oo HOT bGa1' nc: ~ 6"'LU)HI ~ Ml~fl06'"MHA.10 'nell'VU6A.T'IOM~n::llll~ST....r.~T'IU2:IUll!l..Dt le.AO LQC•TIOH......, ~~'ii!: ~AL~ nc ~ ANDICM ne or+at'5 ~ATI\l!:~TOIHtT~TIOH._ MJ..STATI:Cl'Te:.-. .... ~ANDAUL.OC:"4.~~~~P'MT Cl' TICle ~AND~ .. IGAT'IOP& ~ ~ Olll. NOT ~ Utl'O AND OftDIKA.IC6 l'CU. ~TM!~ CltITA.U NCKJff, ~ll"M;Anotd P0A. ™"° ~ZC.T ftC ~ATIOH c.owtllAGTOR ~ GALl110l'CJ 'fK,ii,T ~IS TO IHGl..l.l'e: """° AND~ GO!oT ~TO t-e'T °"' ~~ nc L.N'd Olf' nc STATI: Of'~$ """° 1-QC.tr.L c.ooes c::otCDl/'llM6 lNOSGitirf: ·~ .... TlON AlJ..~Mlle~TOlll!!~TINI>~ ~OH ~TOiie l~T"""-LZDDT ~ AlJ.. n.u;.TRJG,llL~TOM:~TClllT' Ol"f'et//>lOc:.DtfTilAGTOlt. GONTRAGTCR. TO vauP'T ~ el!!PS '"™ ~~~~~:11"'1'i:«1"I ~ VAl..V8 Uoea..l:CI .... ~ARE! ltnDCICD Pot TI-elr.ie:Of'~TIMKNttlit~.J~~ OM~H~TWZ.. ~•TlONGON1'1'tAGTOA I ~Ptel.D~NTMA.TTles.e:UlfeSDOtOT'VIG~ TM! Ila:~ 6'"'4.lDtd l"'Ot. MINIT!: (2' ...... MA.I<} 'ne 11Ul16'A.T10N GONTlt.A.GTCll". !iW'rtU. 5'T.-...;e: ~ 11'E!:. ~~~~=~~~ iw .. -...... _... ..._,.. u .. ~_,..._.._ --~ ....... _.., ~ 0 ell ;z: f-z z UJ ~ UJ :;E ~ UJ > i-u 0 § CIJ lii ~ 0 c... u Cl ;;:: ~ 5 c ;z: e >-'i5 < ~ u -< Ii UJ .§ :::: 5l-c... :i:: e -< 0 "" u s: '15 CIJ ~ Cl °' 00 0 ;z: N I- < :i:: ...J ell I!! a ~ l'IUIJf.L,. AALOOI Siii-FT Item 4f & MATGHLINE .J ......... ~~~!· ...... , .. ' ( • ( ' ( • ( ~ I ( z I ' ( • ( I I ( I ( ~. l• ,__~;.~~~.:~~IN 'c I "'D..l"'aNT~~~. ~-.-·~-~ ~ ~ ffi3 -,. .( ~ f);. I ( ' ( t · I ( ·I I -' I -;i I ~ ,. MATCHLINE K ~~---··················· MATCHLINE K MATGHLINE K ....,, .. ••••••••••••••••••••••••• MATCHLINE K ~ z ~ f 01 MATGl-LINE L ....,., .. ••••••••••••••••••••••••• MATGHLINE L IRRIGATION Ll!GDD AND 8CHmUU II .,.,. I Dl!5<:RIP"TION • 0 ---~- 1 --1 ---~ ~"­·-- ~-­. ..... I ••Zl!I NOZZU! II --~· -·-~-· --"""' -- __ ..,_ ··- Rll!FER TO 8ll!n' 11122 FOR FULL IRRIGATION LamJm AND 8CIEDULE AU.~ ARE~ TO De: eAISTIM1M..2» H0ttD OH~ TO IC. 11eT""L..l.ZP.,..,. ~­ ~ ~TRICAl. l'"Oll"Ot TO Cl: COOICOIMAn:Q lh' Olo'letNO~TOlt. GONTitAGTOllt TO ~ll"Y P'\..AHTIMlo eePS 111TH ~~ ~lfl!G.Tlt:le5!~Ate1'1X'....,..Dtll~ AHCI teAD 1.A'fOJf ~H6LT. toe V""-~ ~AA "OPDt• ~ l"fTDClll!D f'Gl'l Tie:~~ !l.PPLTI .. 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Cl ~ ;;§ z c >-< 0 ~ <( UJ .§ ~ c.. :c:: < 0 u :c r/l Cl °' 00 z N < :c:: ....J r:/l t! a ~ ~ ~ ~ ~ ~ ~ l'IClllF.l.T AALOOI Sllf.f.1 IR22 or 22 :Q " ~ i- § 0 u :§ 0 u f .... 0 ~ 0 t- I o~~~~~ PREVENTER CONNECTION L:=i=-o=--=--=--=--=--=--=--=--=======--===--=============--===--=====--===--==-===-=====-===iiiiiiiii\.l~---==-...1 .., Item 4f 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 – May 12, 2015 Agenda Item: Consider and act upon a resolution authorizing the reduction and release of the Town of Prosper’s extraterritorial jurisdiction and entering into a development agreement, as a result of the Extraterritorial Jurisdiction Allocation Agreement between the Town of Prosper, Texas and the City of Aubrey, Texas for the reduction and release of designated portions of the Town of Prosper’s Extraterritorial Jurisdiction, and Development Agreement between the Town of Prosper and CADG Comanche 248, LLC, by removing 145± acres of land from the Town’s extraterritorial jurisdiction, generally located west of FM 1385 and north of Bryan Road, and authorizing the Town Manager to execute the same. Dscription of Agenda Item: CADG Comanche 248, LLC, owns approximately 145 acres of land west of FM 1385 and north of Bryan Road which is located in the Town of Prosper’s Extraterritorial Jurisdiction (ETJ). They have requested that the Town of Prosper enter into an agreement to remove the property from its ETJ. The agreement attached clarifies the terms of the agreement to reduce the ETJ of the Town of Prosper and contains the following requirements:  Development Building Restrictions  Transaction Fee  Common Area and Open Space Dedication Requirement Budget Impact: In accordance with the agreement, CADG Comanche 248, LLC, will pay a transaction fee to the Town of Prosper, Texas, in the amount of $188,500 ($1,300/acre), for the reduction of the 145 acres of land from the Town of Prosper’s ETJ. CADG Comanche 248, LLC, will also contribute $7,500 towards the legal preparation fees. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed and approved the attached resolution and agreement as to form and legality. Attached Documents: 1. Resolution 2. Extraterritorial Jurisdiction Allocation Agreement and Development Agreement DEVELOPMENT AND COMMUNITY SERVICES Prosper is a place where everyone matters. Item 4g Page 2 of 2 Town Staff Recommendation: Town staff recommends that the Town Council approve a resolution authorizing the reduction and release of the Town of Prosper’s extraterritorial jurisdiction and entering into a development agreement, as a result of the Extraterritorial Jurisdiction Allocation Agreement between the Town of Prosper, Texas and the City of Aubrey, Texas for the reduction and release of designated portions of the Town of Prosper’s Extraterritorial Jurisdiction, and Development Agreement between the Town of Prosper and CADG Comanche 248, LLC, by removing 145± acres of land from the Town’s extraterritorial jurisdiction, generally located west of FM 1385 and north of Bryan Road, and authorizing the Town Manager to execute the same. Proposed Motion: I move to approve a resolution authorizing the reduction and release of the Town of Prosper’s extraterritorial jurisdiction and entering into a development agreement, as a result of the Extraterritorial Jurisdiction Allocation Agreement between the Town of Prosper, Texas and the City of Aubrey, Texas for the reduction and release of designated portions of the Town of Prosper’s Extraterritorial Jurisdiction, and Development Agreement between the Town of Prosper and CADG Comanche 248, LLC, by removing 145± acres of land from the Town’s extraterritorial jurisdiction, generally located west of FM 1385 and north of Bryan Road, and authorizing the Town Manager to execute the same. Item 4g TOWN OF PROSPER, TEXAS RESOLUTION NO. 15-____ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE THE EXTRATERRITORIAL JURISDICTION ALLOCATION AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND THE CITY OF AUBREY, TEXAS, AND DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF PROSPER AND CADG COMANCHE 248, LLC, AS MORE FULLY DESCRIBED HEREIN, AND TAKE ANY AND ALL OTHER ACTIONS NECESSARY TO EFFECTUATE THE SAME, INCLUDING THE TOWN COUNCIL’S CONSENT TO SAME; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, CADG Comanche 248, LLC (“Comanche”), is a real estate development company that is developing a portion of the property, consisting of 145 acres, more or less, in the extraterritorial jurisdiction (“ETJ”) of the Town of Prosper, Texas (“Prosper”), and adjacent to the ETJ of the City of Aubrey, Texas (“Aubrey”), which property is more particularly described in the Extraterritorial Jurisdiction Allocation Agreement Between the Town of Prosper, Texas, and the City of Aubrey, Texas, and Development Agreement Between the Town of Prosper and CADG Comanche 248, LLC, attached hereto as Exhibit A and incorporated by reference; and WHEREAS, Section 42.023 of the Texas Local Government Code authorizes Prosper to enter into an agreement to reduce its ETJ, pursuant to Section 42.022(d) of the Texas Local Government Code; and WHEREAS, Prosper, Aubrey and Comanche have negotiated the attached Agreement and all pertinent matters related thereto have been fully addressed by each of them. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are found to be true and correct and are incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute the “Extraterritorial Jurisdiction Allocation Agreement Between the Town of Prosper, Texas, and the City of Aubrey, Texas, and Development Agreement Between the Town of Prosper and CADG Comanche 248, LLC,” and take any and all other actions necessary to effectuate the same. This Resolution shall constitute consent to the terms and conditions contained in said Agreement. SECTION 3 This Resolution is effective immediately upon its passage. Item 4g Resolution No. 15-__, Page 2 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THIS 12TH DAY OF MAY, 2015. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 4g Resolution No. 15-__, Page 3 EXHIBIT A (Extraterritorial Jurisdiction Allocation Agreement Between the Town of Prosper, Texas, and the City of Aubrey, Texas, and Development Agreement Between the Town of Prosper and CADG Comanche 248, LLC) Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Page 1 of 1 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – May 12, 2015 Agenda Item: Consider and act upon an ordinance annexing an 18.6± acre tract of land, located on the south side of Prosper Trail, 2,500± feet west of Custer Road. (A15-0001). Description of Agenda Item: In January of 2015, the Town acquired the 18.6± acre tract of land for Town use as a potential future fire station site, as well as park land and facilities. Improvements on the property include a barn/storage structure, an open air pavilion and a shed. The 2007 Parks and Trails Master Plan designates this site for a future hike and bike trail connection to Whitley Place Park. In accordance with the Parks, Recreation, and Open Space Master Plan staff recommends annexation of the subject property. On March 24, 2014 and April 14, 2015, the Town Council conducted the required Public Hearings as shown on the annexation schedule. Legal Obligations and Review: 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 2. 2015 Annexation Schedule Town Staff Recommendation: Town staff recommends the Town Council approve an ordinance annexing an 18.6± acre tract of land, located on the south side of Prosper Trail, 2,500± feet west of Custer Road. Proposed Motion: I move to approve an ordinance annexing an 18.6± acre tract of land, located on the south side of Prosper Trail, 2,500± feet west of Custer Road. Prosper is a place where everyone matters. PLANNING Item 4h TOWN OF PROSPER, TEXAS ORDINANCE NO. 15-__ AN ORDINANCE PROVIDING FOR THE ANNEXATION OF A TRACT OF LAND SITUATED IN THE LARKIN MCCARTY SURVEY, ABSTRACT NO. 600, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 18.639 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE SOUTH SIDE OF PROSPER TRAIL, 2,500± FEET WEST OF CUSTER ROAD, MORE OR LESS, IN COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF PROSPER AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPTED; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), pursuant to the authority contained in Chapter 43 of the Texas Local Government Code, has investigated and determined that it would be advantageous and beneficial to Prosper and its inhabitants to annex the hereinafter described property (“Property”) into the Town of Prosper (“Town”); and WHEREAS, the Town Council finds that all requisites relative to consideration and adoption of this Ordinance have been complied with, pursuant to Chapter 43, Texas Local Government Code; and WHEREAS, the Town Council finds that the Property that is the subject of this Ordinance is within the extraterritorial jurisdiction of the Town and is adjacent and contiguous to the existing town limits of the Town; and WHEREAS, the Town Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the Town Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the Town Council finds the public hearings were conducted and held in accordance with Chapter 43 of the Texas Local Government and WHEREAS, the Town Council finds the proposed Service Plan for Annexed Area was prepared in compliance with law and was available for review and inspection by citizens; and WHEREAS, the Town Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: Item 4h Ordinance No. 15-__, Page 2 SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 The Property described in the attached Exhibit A and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed into the Town. SECTION 3 The Service Plan for the Property is attached hereto as Exhibit B and made a part hereof for all purposes. SECTION 4 From and after the passage of this Ordinance, the Property shall be a part of the Town, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Town and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the laws of the State of Texas. SECTION 5 That the official map and boundaries of the Town are hereby amended to include the property as part of the Town and that a certified copy of this Ordinance shall be filed in the County Clerk’s Office of Collin County, Texas. SECTION 6 It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Zoning Ordinance No. 05-20, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Zoning Ordinance No. 05-20, and any amendments thereto. SECTION 7 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 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, Item 4h Ordinance No. 15-__, Page 3 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 9 This Ordinance shall become effective immediately upon its passage. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 12TH DAY OF MAY, 2015. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 4h Item 4h SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. _______________ DATE OF ANNEXATION ORDINANCE: _____________, 2015 Municipal Services to the area of land depicted in Exhibit A shall be furnished by or on behalf of the Town of Prosper, Texas ("Town") at the following levels and in accordance with the following schedule: A. POLICE PROTECTION: Police personnel and equipment from the Prosper Police Department shall be provided to the area annexed, at a level consistent with current methods and procedures presently provided to similar areas of the Town, on the effective date of this Ordinance. B. FIRE PROTECTION / EMERGENCY MEDICAL SERVICES: Fire protection and Emergency Medical Services (EMS) from the Town shall be provided to the area annexed, at a level consistent with current methods and procedures presently provided to similar areas of the Town, on the effective date of this Ordinance. C. FIRE PREVENTION / INVESTIGATION: The services of the Town of Prosper Fire Department shall be provided to the area on the effective date of this Ordinance. The non-emergency services of fire prevention and fire investigation will be added to the list of services provided by the Prosper Fire Department. D. SOLID WASTE COLLECTION: Solid waste collection shall be provided to the area annexed upon request on the effective date of this Ordinance up to the second anniversary of the annexation. After that time, residents will be required to use the Town’s solid waste collection company. The collection of refuse from individual properties shall be made in accordance with the Town’s usual solid waste collection scheduling. E. WATER SERVICE: 1. This area is currently serviced by the Town’s water distribution system. Future expansion and extensions of the Town’s Water Distribution System will provide better flow rates and line pressures, and in accordance with applicable Town codes and policies. 2. Maintenance of private lines will be the responsibility of the owner or occupant. Item 4h F. SANITARY SEWER SERVICE: 1. The annexed area will be provided sanitary sewer service in accordance with applicable codes and departmental policy. When development occurs in adjacent areas, sanitary sewer service shall be provided in accordance with applicable Town codes and policies, including extensions of service. 2. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. G. ROADS AND STREETS / STREET LIGHTING: 1. Operation and maintenance of private streets in the annexed area will be the responsibility of the owner. 2. Operation and maintenance of public streets in the annexed area will be provided by the Town on the effective date of this Ordinance. 3. The Town will coordinate any request for improved street lighting with the local electric provider in accordance with Town policy. H. PARKS AND RECREATION: Residents within the area annexed may utilize all existing Town park and recreation facilities, on the effective date of this Ordinance. Fees for such usage shall be in accordance with current fees established by Town ordinance. I. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES: 1. Enforcement of current environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicles ordinances and animal control ordinances, shall begin within this area on the effective date of the annexation. 2. Inspection services, including but not limited to, the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical, and electrical work to ensure compliance with Town codes and ordinances will be provided on the effective date of the annexation. J. MISCELLANEOUS: Any publicly owned facility, building, or service located within the annexed area shall be maintained by the Town on the effective date of the annexation ordinance. All other applicable municipal services shall be provided to the annexation area in accordance with the Town’s established policies governing extension of municipal services to newly annexed areas. Item 4h To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – May 12, 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 May 6, 2015, 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 preliminary site plan or site plan acted on by the Planning & Zoning Commission. Attached Documents: 1. Site Plan for Windsong Elementary School 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 4i Item 4i Page 1 of 2 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – May 12, 2015 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use Plan, located 500± feet north of Prosper Trail, 3,000± feet west of Dallas Parkway, from Low Density Residential to Medium Density Residential. (CA15-0003). [Companion to case Z14- 0016]. Description of Agenda Item: Town staff has received 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), Zoning Case #Z14-0016. To consider a rezoning request that does not conform to the Future Land Use Plan, an amendment to the Future Land Use Plan must be considered. A letter from the applicant detailing the basis for the request is attached. The applicant is proposing to amend the Future Land Use Plan from Low Density Residential to Medium Density Residential, located 500± feet north of Prosper Trail, 3,000± feet west of Dallas Parkway. The Low Density Residential District recommends a maximum density of 1.6 dwelling units per acre, with single family residential lot sizes ranging between 15,000 square feet and 1+ acre in size. The Medium Density Residential District recommends a maximum density of 2.5 dwelling units per acre, with single family residential lot sizes ranging between 12,500 square feet and 20,000 square feet in size. Legal Obligations and Review: The Town Council is required to hold a public hearing prior to acting on an amendment to the Future Land Use Plan. Attached Documents: 1. Existing and Proposed Future Land Use Plan 2. Letter requesting Future Land Use Plan amendment 3. Page 29 of the Comprehensive Plan Prosper is a place where everyone matters. PLANNING Item 6 Page 2 of 2 Planning & Zoning Commission Recommendation: At the April 7, 2015, meeting, the Planning & Zoning Commission recommended the Town Council approve the Future Land Use Plan amendment, by a vote of 5-2. Commissioners Snyder and Hema voted in opposition, indicating that a deviation from the Future Land Use Plan is not warranted; there is an adequate ability to achieve the recommendations of the Future Land Use Plan; and there is not a compelling basis to change the Future Land Use Plan. Town Staff Recommendation: Town staff recommends the Town Council consider and act upon an amendment to the Town’s Future Land Use Plan. Proposed Motion: I move to _________ (approve/deny) the amendment to the Town’s Future Land Use Plan. Item 6 Item 6           March  31,  2015     Alex  Glushko,  AICP   Senior  Planner   Development  Services   Town  of  Prosper   P.O.  Box  307   Prosper,  TX  75078      Re:  Case  Z14-­‐0016     Dear  Alex,      Please  accept  this  letter  as  our  official  request  to  amend  the  Town’s   Comprehensive  Land  Use  Plan  for  the  property  associated  with  the  above-­‐ referenced  zoning  case  from  Low-­‐Density  Residential  to  a  Medium  Density   Residential  classification.  The  purpose  of  the  amendment  is  to  allow  the  proposed   rezoning  to  be  in  compliance  with  the  Town’s  Comprehensive  Plan.      The  property  that  is  subject  to  this  request  is  located  immediately  adjacent  to   a  Medium  Density  Residential  classification  and  we  are  asking  that  this  dividing  line   be  moved  approximately  630  feet  to  the  west  to  include  this  property.    We  are   proposing  to  rezone  this  property  to  allow  for  lots  ranging  in  size  from  12,500   square  feet  to  15,981  square  feet.    Eight  of  the  proposed  lots  are  over  15,000  square   feet  in  area.    We  believe  that  this  request  is  reasonable,  as  it  will  serve  as  a   transition  area  for  the  property  zone  for  10,000  square  foot  lots  to  our  north  and   east  and  the  property  zoned  for  15,000  square  foot  lots  to  the  west.    The  width  of   the  lots  in  this  property  are  set  based  on  the  approved  development  for  our  parent   tract  to  the  north  as  that  preliminary  plat  and  zoning  exhibit  shows  streets  dead   ending  into  this  property.          Thank  you  very  much  for  your  help  with  this  matter.  If  you  have  any   questions  or  require  any  additional  information,  please  do  not  hesitate  to  contact   me.     With  kind  regards,       Robert  Baldwin     Item 6 29 Town of Prosper, TX Comprehensive Plan COMMUNITY CHARACTER Land Use Types Residential Low Density This land use is indicative of large-lot single- family homes. Typically speaking, lot sizes within any low density development will range between 15,000 square feet and 1+ acre in size. While a variety of lot sizes may be used, the total gross density of low density residential neighborhoods should not exceed 1.6 dwelling units per acre. Large-lot homes will provide a continuation of the rural atmosphere and feel that was intensely expressed by Prosper’s residents. Most low density residential areas will be located in Northwest and Northeast Prosper. Residential Medium Density Medium density residential is also representative of single family detached dwelling units. Lot sizes in medium density residential neighborhoods could range between 12,500 and 20,000 square feet in size. A variation in lot sizes may be permitted to achieve a goal range in density. While a variety of lot sizes may be used within medium density residential neighborhoods, the gross density of such developments will typically not be less than 1.6 dwelling units per acre or greater than 2.5 dwelling units per acre. Item 6 Page 1 of 4 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – May 12, 2015 Agenda Item: 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). [Companion to case C15-0003] History: At the January 13, 2015, Town Council meeting, this item was tabled in order to give the applicant more time to determine if the lot layout and the recommendations of the Low Density Residential District of the Future Land Use Plan, with regard to lot size (15,000 square feet) and density (1.6 dwelling units per acre) could be achieved. Originally, the applicant was proposing a density of 1.9 dwelling units per acre, with four (4) out of eighteen (18) lots being a minimum of 15,000 square feet. As reflected in Exhibits C and D, the applicant has decreased the open space and increased the number of required 15,000 square foot lots from four (4) to eight (8) out of the eighteen (18) lots. Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Agricultural Undeveloped Low Density Residential North Planned Development-36- Single Family-10 and Single Family-15 Undeveloped Low Density Residential East Planned Development-60- Single Family-10 Undeveloped Medium Density Residential Prosper is a place where everyone matters. PLANNING Item 7 Page 2 of 4 South Planned Development-66- Single Family Undeveloped Low Density Residential West Agricultural Undeveloped Low Density Residential Requested Zoning – Z14-0016 is 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). The PD-SF-12.5 regulations are attached. The proposed PD-SF-12.5 District would allow for the development of a maximum of 18 single family residential lots on the property, a density of 1.9 dwelling units per acre. The following is a comparison of the proposed PD-SF-12.5 District standards to the straight SF-12.5 District standards. Proposed PD-SF-12.5 District Standard SF-12.5 District Min. Lot Area 12,500 square feet, with a minimum of 8 lots being at least 15,000 square feet. 12,500 square feet. Min. Lot Width 90 feet 80 feet Min. Lot Depth 130 feet 135 feet Min. Dwelling Area 2,500 square feet 1,800 square feet Front Yard Setback 25 feet 30 feet Side Yard Setback 8 feet, 15 feet on corner lots adjacent to a side street 8 feet, 15 feet on corner lots adjacent to a side street Rear Yard Setback 25 feet 25 feet Maximum Height 40 feet 40 feet Besides lot, setback, dwelling area, and height standards, the Planned Development (PD) District standards that vary from straight zoning include:  Building and Architectural Standards a. an exterior lighting package to illuminate front entrances, garages, landscaping and trees located in the front yard b. minimize the repetition of home elevations c. require a mix of swing-in garages and front facing garage doors d. provide for enhanced driveway paving treatments and garage doors, and e. prohibit carports and the parking of certain vehicles Item 7 Page 3 of 4 These standards exceed those in the Zoning Ordinance:  Fencing a. fencing adjacent to open space, parks or floodplain to be ornamental metal b. wooden fencing to be cedar, board-on-board with a top rail and a common stain color c. privacy fences on single family residential lots to be located ten (10) feet behind the front elevation of the main building and not exceed eight (8) feet in height above grade These standards do not meet the Town’s standards:  Cul-de-sac Length – The PD provides for a maximum cul-de-sac length of 700 feet; however, the Town’s Subdivision Ordinance limits the maximum length of cul-de-sacs to 600 feet Future Land Use Plan – The Future Land Use Plan (FLUP) recommends Low Density Residential for the property. The Low Density Residential District recommends a maximum of 1.6 dwelling units per acre, with single family lot sizes between 15,000 square feet and 1+ acre in size. The proposed rezoning request includes 9.4± acres of Single Family-12.5 (SF-12.5), as shown on Exhibit A. The proposed Planned Development-SF-12.5 District would allow for the development of 18 single family residential lots, with a minimum lot area of 12,500 square feet, at a density of 1.9 dwelling units per acre. The zoning request does not conform to the existing FLUP. The previous item is a Future Land Use Plan Amendment to revise the FLUP. If the Town Council approves the amendment to the FLUP, the zoning request will conform to the amended FLUP. Thoroughfare Plan – The property is not adjacent to any future thoroughfares. Water and Sanitary Sewer Services – Water and sanitary sewer service will have to be extended to the property either before or with development. Access – Access to the property will be provided from the northern adjacent development. Schools – This property is located within the Prosper Independent School District (PISD). Parks – It is not anticipated that this property will be needed for the development of a park. Environmental Considerations – The 100-year floodplain located on the property is shown on Exhibit A. Legal Obligations and Review: Notification was provided to neighboring property owners as required by state law. Town staff has received one Public Hearing Notice Reply Form; not in opposition to the request. Attached Documents: 1. Zoning map of the surrounding area 2. Zoning Exhibits A, B, C, D, and E 3. Previous Zoning Exhibit D 4. Public Hearing Notice Reply Form Item 7 Page 4 of 4 Planning & Zoning Commission Recommendation: At their December 16, 2014, meeting, the Planning & Zoning Commission recommended the Town Council approve the 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), by a vote of 4-1 (Snyder opposed; Barnes and Hema absent). The members indicated that even though the entirety of the development did not meet the minimum requirement for 15,000 square foot lots, improvements had been made to the exhibit in terms of lot size in addition to the enhanced development standards. Several members indicated the request was appropriate. Commissioner Snyder indicated the request did not warrant a deviation from the Future Land Use Plan. Town Staff Recommendation: Town staff has two options for a recommendation below, subject to the action taken on the previous item, which is an amendment to the Future Land Use Plan (FLUP). 1. If the FLUP Amendment to revise the FLUP is approved, Town staff recommends the Town Council approve the 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). 2. If the FLUP Amendment to revise the FLUP is denied, Town staff recommends the Town Council deny the 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). Proposed Motion if the FLUP Amendment is Approved: I move to approve the 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). Proposed Motion if the FLUP Amendment is Denied: I move to deny the 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). Item 7 SF-10/12.5PD-36 SF-10PD-60 SF-15PD-63 SFPD-66 RPD-66 A SF-15 CC Z14-0016 ±0 150 300 Feet 1 inch = 300 feet Prosper Trail Item 7 METES AND BOUNDS DESCRIPTIONMike Myers Investment Holdings, L.P.9.440 AC TractItem 7 Exhibit B Statement of Intent and Purpose The purpose of this planned development is to contribute to the positive environment created by the PD regulations established for Legacy Crossing (PD- 36 and PD-60). The proposed development standards exceed those previously adopted by the Legacy Crossing Planned Development in order to conform to the 2012 Comprehensive Plan. This property will further the design for the entrance, common areas, and buffer treatments established for Legacy Crossing. This planned development will also allow the opportunity to include some landlocked property into Legacy Crossing which will further the positive atmosphere created by that community. Item 7 Exhibit C Planned Development Standards 9.440 Acres (Gross) 1.0 Planned Development District - Single Family Residential 1.1 The property shall be developed in accordance with the Single Family-12.5 District as outlined in the Town of Prosper Zoning Ordinance 05-20, as it exists or may be amended, unless identified below. Unless otherwise noted, all development shall be in accordance with all Town Codes. 1.2 Development Pattern: The property shall generally develop in accordance with Exhibit D, Zoning Exhibit. 1.3 Number of Lots: The maximum number of single-family residential lots within the proposed development shall not exceed 18 (maximum 1.9 dwelling units per acre). 1.4 Open Space: The open spaces shown on the Zoning Exhibit, Exhibit D, shall be landscaped and maintained by the Homeowners Association. 1.5 Setbacks: a. Minimum Front Yard: 25 feet. b. Minimum Side Yard: 8 feet. c. Minimum Rear Yard: 25 feet. 1.6 Minimum Lot Area: 12,500 square feet. At least eight (8) lots must have an area of at least 15,000 square feet. 1.5 Minimum Lot Width at Front Building Line: 90 feet. 1.6 Minimum Lot Depth: 130 feet. 1.7 Minimum Dwelling Area: 2,500 square feet. 1.8 Building Standards: a. All homes shall provide an exterior lighting package to illuminate the front of homes. The package shall include a minimum of 2 up or down lights to accent building architectural and/or landscape features. Security lighting may not be substituted for accent lighting. b. Home elevations shall alternate at a minimum of every 4 homes on the same side of a street and every 3 homes on the opposite sides of a street. c. Garage doors shall be cedar clad and stained. d. Homes on a minimum of 2/3 of the single family lots within the community shall utilize swing in garages. For the purposes of this item, when garages Item 7 for 3 cars are provided and the 2-car garage is a swing in garage, the home shall be considered as to have provided a swing in garage. e. Except for garage doors provided on swing in garages, garage doors shall not be located closer to the street than the primary front facade of the home. f. Carports are prohibited. 1.9 Required Parking: a. A minimum of 4 off-street, concrete parking spaces shall be provided for each residential unit. As part of the parking requirement, at least 2 of the off-street parking spaces shall be in an enclosed garage. b. The parking of motor homes, boats, and/or trailers on a lot facing a street or on a street, is prohibited. 1.10 a. All fencing located on single-family lots adjacent to open spaces shall consist of ornamental metal/tubular steel. b. All wooden fencing shall be cedar, board-on-board with a top rail, and comply with the Town’s fencing standards as they exist or may be amended. A common wood fence stain color shall be established for the development. c. Privacy fences on single family residential lots shall be located no closer to the front property line than 10 feet behind the front elevation of the house and shall not exceed 8 feet in height above grade. 1.11 Driveways: Enhanced paving treatments shall be provided for all driveways and shall consist of one of the following, or other treatment as approved by the Director of Development Services. a. Stamp and stain/patterned concrete (must be dust-on color application to wet concrete). b. Acid-etched color concrete for the field with scored smooth colored borders (must use dust-on color application to wet concrete). c. Colored concrete with scored smooth border (must use dust-on color application to wet concrete). 1.12 Cul-de-sacs: Cul-de-sacs shall not exceed 700 feet in length. 2.0 General Conditions 2.01 Homeowners Association. Each lot shall be a member of the Legacy Crossing (PD-60) Homeowner's Association. Item 7 METES AND BOUNDS DESCRIPTIONMike Myers Investment Holdings, L.P.9.440 AC TractItem 7 Exhibit E Development Schedule 9/16/14– Development Application Submitted 12/2/14 – Preliminary plat goes to P&Z 2/21/15 – Phase 1 construction plans approved 3/15/15 – Construction begins 8/12/15 – Construction Complete/Town accepts infrastructure 9/14/15 – Final plat file Item 7 METES AND BOUNDS DESCRIPTIONMike Myers Investment Holdings, L.P.9.440 AC TractItem 7 Item 7 Page 1 of 1 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – May 12, 2015 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use Plan, located on the northwest corner of Prosper Trail and the future Shawnee Trail, from Medium Density Residential to Dallas North Tollway District. The property is zoned Single Family-15 (SF-15) and Commercial Corridor (CC). (CA15-0002). [Companion Case Z14-0005] Description of Agenda Item: The applicant has requested this item be tabled and the Public Hearing be continued to the May 26, 2015, Town Council meeting, as outlined in the attached letter. Attached Documents: 1. Tabling request letter Town Staff Recommendation: Town staff recommends the Town Council continue the Public Hearing and table the item to the May 26, 2015, Town Council meeting. Proposed Motion: I move to continue the Public Hearing and table the item to the May 26, 2015, Town Council meeting. Prosper is a place where everyone matters. PLANNING Item 8 Item 8 Page 1 of 1 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – May 12, 2015 Agenda Item: Conduct a Public Hearing and consider and act upon a request to rezone 67.7± acres, located on the northwest corner of Prosper Trail and Dallas Parkway, from Single Family-15 (SF-15) and Commercial Corridor (CC) to Planned Development-Single Family/Office/Retail (PD- SF/O/R). (Z14-0005). [Companion Case CA15-0002] Description of Agenda Item: The applicant has requested this item be tabled and the Public Hearing be continued to the May 26, 2015, Town Council meeting, as outlined in the attached letter. Attached Documents: 1. Tabling request letter Town Staff Recommendation: Town staff recommends the Town Council continue the Public Hearing and table the item to the May 26, 2015, Town Council meeting. Proposed Motion: I move to continue the Public Hearing and table the item to the May 26, 2015, Town Council meeting. Prosper is a place where everyone matters. PLANNING Item 9 Item 9 Page 1 of 5 Prosper is a place where everyone matters. To: Mayor and Town Council From: Frank E. Jaromin, P.E., Director of Public Works Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – May 12, 2015 Agenda Item: Consider and act upon an ordinance approving the Water Conservation Plan and Water Resource and Emergency Management Plan, amending the title of Article 13.05, “Water Conservation and Drought Contingency and Water Emergency Response Plan,” of Chapter 13, “Utilities,” of the Town’s Code of Ordinances, to “Water Conservation Plan and Water Resource and Emergency Management Plan,” amending section 13.05.001 “Plan Adopted” of Article 13.05, and amending section XVII “Water Conservation and Enforcement Fees,” of Appendix A of the Town’s Code of Ordinances. Description of Agenda Item: The Town of Prosper currently maintains a Water Conservation and Drought Contingency and Water Emergency Response Plan which was last updated in 2014. Recently, the North Texas Municipal Water District (NTMWD) provided an updated plan for our use which better models their plan. The proposed Water Conservation Plan and Water Resource and Emergency Management Plan was prepared by Freese and Nichols for the NTMWD. It is intended to be used as a guide by NTMWD Member Cities and Customer Cities as they develop their own Water Conservation Plan and Water Resource and Emergency Management Plan. The model plan was prepared pursuant to Texas Commission on Environmental Quality (TCEQ) rules. Some material is based on the existing water conservation plans listed in Appendix A. To develop a regional approach, the conservation plans for the City of Fort Worth, Upper Trinity Regional Water District, and the City of Dallas were consulted to prepare a plan which is more consistent within the Metroplex. The Water Conservation Plan and Water Resource and Emergency Management Plan are based on the Texas Administrative Code in effect on August 31, 2007. The TCEQ implemented regulations in compliance with the mandates of Senate Bill 3 and House Bill 4 enacted in 2007 by the 80th Texas Legislature. The regulations have been considered in the preparation of this plan. The following items are presented in the regulations:  A definition for “best management practices.”  A copy of the plan must be submitted to the Executive Administrator of the Texas Water Development Board.  An annual progress report will be required to be submitted to the Texas Water Development Board. (The annual report may be in a different format than the annual report included in Appendix I). PUBLIC WORKS Item 10 Page 2 of 5  Requirement that water suppliers providing service to 3,300 or more connections must prepare a Water Conservation Plan.  Enforcement authority in relation to violations of the rules regulating water conservation plans and annual report is provided to the Texas Water Development Board. The existing 2014 Water Conservation and Drought Contingency and Water Emergency Response Plan recognize four stages as follows: Stage 1: The goal for water use reduction under Stage 1 is a two percent (2%) reduction in the amount of water obtained from NTMWD.  Ask the public to follow voluntary landscape watering schedules. Stage 2: The goal for water use reduction under Stage 2 is a five percent (5%) reduction in the amount of water obtained from NTMWD.  Limit landscape watering with sprinklers or irrigation systems to no more than two days per week. Stage 3: The goal for water use reduction under Stage 3 is a ten percent (10%) reduction in the amount of water obtained from NTMWD.  Limit landscape watering with sprinklers or irrigation systems at each service address to no more than one day per week on designated days between April 1 – October 31.  Limit landscape watering with sprinklers or irrigation systems at each service address to no more than one day every two weeks on designated days between November 1 – March 31. Stage 4: The goal for water use reduction under Stage 4 is a reduction of whatever amount is necessary in the amount of water obtained from NTMWD.  Prohibit commercial and residential landscape watering, except that foundations and trees may be watered for 2 hours on any day with a hand-held hose, a soaker hose, or a dedicated zone using a drip irrigation system.  Prohibit the irrigation of new landscaping using treated water.  Prohibit the permitting of private pools. The 2015 Water Conservation Plan and Water Resource and Emergency Management Plan consolidates the conservation with initial and termination of conditions for each stage into the following three stages: Stage 1: The goal for water use reduction under Stage 1 is a five percent (5%) reduction in the amount of water obtained from NTMWD from the previous annual payment period prior to drought restrictions.  Limit landscape watering with sprinklers or irrigation systems at each service address to no more than two days per week on designated days between April 1 – October 31.  Limit landscape watering with sprinklers or irrigation systems at each service address to no more than one day per week on designated days between November 1 – March 31. Stage 2: The goal for water use reduction under Stage 2 is a ten percent (10%) reduction in the amount of water obtained from NTMWD from the previous annual payment period prior to drought restrictions.  Limit landscape watering with sprinklers or irrigation systems at each service address to no more than one day per week on designated days between April 1 – October 31.  Limit landscape watering with sprinklers or irrigation systems at each service address to no more than one day every other week on designated days between November 1 – March 31. Item 10 Page 3 of 5 Stage 3: The goal for water use reduction under Stage 3 is a reduction of whatever amount is necessary in the amount of water obtained from NTMWD from the previous annual payment period prior to drought restrictions.  Prohibit the use of potable water for the irrigation of new landscaping.  Prohibit all commercial and residential landscape watering, except that foundations and trees (within a ten foot radius of its trunk) may be watered for two hours one day per week with a hand-held hose, a dedicated zone using a drip irrigation system and/or soaker hose provided no runoff occurs.  Permitting of new swimming pools, wading pools, Jacuzzi and hot tubs is prohibited. Staff is recommending changing from existing postal addressing to designated areas for landscape irrigation with the new plan as depicted on the Designated Areas Exhibit. With this change, Public Works will be able to monitor the irrigation and confine the water demand. Staff is also pursuing the time restrictions be changed to model NTMWD's Plan. The time restrictions currently limit customers from watering between the hours of 5 a.m. and 7 p.m. Staff is recommending the time restrictions be altered to limit customers from watering between the hours of 10 a.m. and 6 p.m. Currently, NTMWD has not imposed fee increases to the Town for exceeding the goals set for reduction in water use. The proposed ordinance allows the Town the ability to exercise the following administrative remedies for violations of the Town Plan against single family water account holders, business and professional parks, homeowners’ associations, apartments, home builders, land developers, and entities. Implementation of the following administrative remedies is anticipated to coincide with NTMWD’s enforcement of fee increases for water usage over the goals set for reduction. Administrative Fees: The following administrative fees that will be added to the customer’s regular monthly Town utility bill shall apply: First Offense Courtesy Tag Warning Second Offense Certified Letter notifying of violation Third Offense $100 Fourth and Subsequent Offenses $300 Prior to implementation, the following outreach program will be conducted by staff to help educate our water customers: 1) Staff will provide all customers detailed information and direction to the Town’s website within their water bills starting June 20, 2015, and again on July 20, 2015. 2) Place signage at all major intersections by June 15, 2015. 3) Post the water restrictions in the weekly Resident Updates and on Social Media starting on June 1, 2015. 4) Staff will meet with local organizations such as the Chamber of Commerce, the Rotary Club, and senior citizen organizations during June and/or July to help get the word out. 5) Utilize NTMWD’s customer information bulletins. Item 10 Page 4 of 5 Contesting Violations: A water customer may request a hearing before a hearing officer(s) appointed by the Executive Director of Development and Community Services within fifteen (15) business days after the date on the Notice. The hearing officer(s) shall evaluate all information offered by the petitioner at the hearing. The customer shall bear the burden of proof to show why, by preponderance of the evidence, the administrative fee should not be assessed. The hearing officer(s) shall render a decision in writing within three (3) business days of the conclusion of the hearing. A customer may appeal the decision from the hearing officer(s) in writing to the Executive Director of Development and Community Services within three (3) business days from the receipt of the written appeal. The decision by the Executive Director of Development and Community Services is final and binding. Legal Obligations and Review: Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality. Attached Documents: 1. Ordinance 2. Water Conservation Plan and Water Resource and Emergency Management Plan 3. Designated Areas Exhibit Local Restriction Enforcement Comparison Offense Number Frisco McKinney Plano Allen Denton Proposed Prosper 1st System disconnection and $25.00 fee Warning Courtesy tag warning $200.00 fee Warning Courtesy tag warning 2nd System disconnection and $50.00 fee $50.00 fee Certified letter from city; warning that they could end up with a $150.00 fee $400.00 fee Warning Certified Letter notifying of violation 3rd System disconnection and $75.00 fee; issuance of a citation $100.00 fee Irrigation may be blocked $600.00 fee Letter and $250.00 fine $100.00 fee 4th $150.00 fee $2000.00 fee Letter and $500.00 fine $300.00 fee 5th and More Code enforcement takes over Letter and $1,000.00 fine $300.00 fee Item 10 Page 5 of 5 Town Staff Recommendation: Town staff recommends that the Town Council consider and act upon an ordinance approving the Water Conservation Plan and Water Resource and Emergency Management Plan, amending the title of Article 13.05, “Water Conservation and Drought Contingency and Water Emergency Response Plan,” of Chapter 13, “Utilities,” of the Town’s Code of Ordinances, to “Water Conservation Plan and Water Resource and Emergency Management Plan,” amending section 13.05.001 “Plan Adopted” of Article 13.05, and amending section XVII “Water Conservation and Enforcement Fees,” of Appendix A of the Town’s Code of Ordinances. Proposed Motion: I move to approve an ordinance approving the Water Conservation Plan and Water Resource and Emergency Management Plan, amending the title of article 13.05, “Water Conservation and Drought Contingency and Water Emergency Response Plan,” of Chapter 13, “Utilities,” of the Town’s Code of Ordinances, to “Water Conservation Plan and Water Resource and Emergency Management Plan,” amending section 13.05.001 “Plan Adopted” of article 13.05, and amending section XVII “Water Conservation and Enforcement Fees,” of Appendix A of the Town’s Code of Ordinances. Item 10 TOWN OF PROSPER, TEXAS ORDINANCE NO. 15-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TITLE OF ARTICLE 13.05 OF CHAPTER 13, “UTILITIES,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, FROM “WATER CONSERVATION AND DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN” TO “WATER CONSERVATION PLAN AND WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN”; AMENDING SECTION 13.05.001, “PLAN ADOPTED,” OF ARTICLE 13.05, “WATER CONSERVATION PLAN AND WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN,” OF CHAPTER 13, “UTILITIES,” OF THE TOWN’S CODE OF ORDINANCES; AMENDING SECTION XVII, “WATER CONSERVATION AND ENFORCEMENT FEES,” OF APPENDIX A OF THE TOWN’S CODE OF ORDINANCES; ADOPTING A WATER CONSERVATION PLAN AND WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town of Prosper, Texas (the “Town”), recognizes that the amount of water available to its water customers is limited; and WHEREAS, the Town recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the Town cannot guarantee an uninterrupted water supply for all purposes at all times; and WHEREAS, the Texas Water Code and the regulations of the Texas Commission on Environmental Quality (the “Commission”) require that the Town adopt a Drought Contingency Plan; and WHEREAS, the Town has determined an urgent need in the best interests of the public to adopt a Drought Contingency Plan; and WHEREAS, pursuant to Chapters 51 and 54 of the Texas Local Government Code, the Town is authorized to adopt any such ordinances necessary to preserve and conserve its water resources; and WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), desires to adopt an updated Water Conservation Plan and Water Resource and Emergency Management Plan for the Town of Prosper as official Town policy for water conservation; and WHEREAS, the Town Council has investigated and determined that it will be advantageous and beneficial to the citizens of Prosper and will protect the public health, safety and welfare to adopt a drought contingency plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: Item 10 Ordinance No. 15-__, Page 2 SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, the title of Article 13.05, “Water Conservation and Drought Contingency and W ater Emergency Response Plan,” of Chapter 13, “Utilities,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to read “Water Conservation Plan and Water Resource and Emergency Management Plan.” SECTION 2 From and after the effective date of this Ordinance, Section 13.05.01, “Plan Adopted,” of Article 13.05, “Water Conservation Plan and Water Resource and Emergency Management Plan” of Chapter 13, “Utilities,” of the Town’s Code of Ordinances is amended to read as follows: “Sec. 13.05.001 Plan Adopted The Town Council hereby approves and adopts for the town, its citizens and water customers the new Water Conservation Plan and Water Resource and Emergency Management Plan (the “Plan”), attached to this Ordinance 15-__ as Exhibit A and incorporated herein for all purposes. A copy of this Ordinance and the Plan are available in the Town Secretary’s Office.” SECTION 3 The Town Council hereby approves and adopts the Water Conservation Plan and Water Resource and Emergency Management Plan (the “Plan”) as modified for the Town of Prosper, attached hereto as Exhibit A, as if recited verbatim herein. The Town commits to implement the requirements and procedures set forth in the adopted Plan. SECTION 4 From and after the effective date of this Ordinance, Section XVII, “Water Conservation and Enforcement Fees,” of Appendix A to the Town’s Code of Ordinances is amended to read as follows: “Sec. XVII Water Conservation and Enforcement Fees Administrative Fees. Administrative fees for violations to the Town’s Water Conservation Plan and Water Resource and Emergency Management Plan shall be added to water account holders regular monthly Town utility bill as follows: First Offense Courtesy Tag Warning Second Offense Certified Letter notifying of violation Third Offense and Subsequent offenses $100 Fourth Offense and Subsequent offenses $300 Item 10 Ordinance No. 15-__, Page 3 Unpaid assessed administrative fees related to violations of water use restrictions under the Town Plan shall incur late payment penalties and may result in termination of water service.” SECTION 5 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 7 The Town Manger or his designee is hereby directed to file a copy of the Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas Administrative Code, as amended. SECTION 8 Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. The Town of Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 9 This Ordinance shall take effect and be in full force from and after its passage and publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule Charter of the Town of Prosper, Texas. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 12TH DAY OF MAY, 2015. APPROVED: ________________________________ Ray Smith, Mayor Item 10 Ordinance No. 15-__, Page 4 ATTEST: ___________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: __________________________________ Terrence S. Welch, Town Attorney Item 10 __________________________________ Frank E. Jaromin, P.E. Prepared by: Frank E. Jaromin, P.E. Prosper Public Works Prosper Texas 972.347.9969 WATER CONSERVATION PLAN AND WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN May 2015 Item 10 FORWARD The following Water Conservation Plan and Water Resource and Emergency Management Plan were both prepared by Freese and Nichols for the North Texas Municipal Water District (NTMWD). They are intended to be used as a guide by NTMWD Member Cities and Customers as they develop their own plans. The model plans were prepared pursuant to Texas Commission on Environmental Quality rules. Some material is based on the existing water conservation plans listed in Appendix A. To develop a regional approach, the conservation plans for the City of Fort Worth and the City of Dallas were consulted. Questions regarding this model water conservation plan and water resource and emergency management plan should be addressed to the following: Tom Gooch, P.E. Stephanie Griffin, P.E. Denise Hickey Freese and Nichols, Inc. Freese and Nichols, Inc. North Texas Municipal (817) 735-7300 (817) 735-7300 Water District tcg@freese.com swg@freese.com (972) 442-5405 dhickey@ntmwd.com The model water conservation plan and water resource and emergency management plan are based on the Texas Administrative Code in effect on August 31, 2007. The Texas Commission on Environmental Quality (TCEQ) is currently preparing additional regulations in compliance with the mandates of Senate Bill 3 and House Bill 4 enacted in 2007 by the 80th Texas Legislature. The draft regulations have been considered in the preparation of this plan. The following items are presented in the draft regulations and are not currently in the regulations:  A definition for “best management practices” will be added.  A copy of the plan must be submitted to the Executive Administrator of the Texas Water Development Board.  An annual progress report will be required to be submitted to the Texas Water Development Board. (The annual report may be in a different format than the annual report included in Appendix I).  Requirement that water suppliers providing service to 3,300 or more connections must prepare a water conservation plan.  Enforcement authority in relation to violations of the rules regulating water conservation plans and annual report is provided to the Texas Water Development Board. None of the proposed adjustments will cause this model plan to be obsolete. The most current annual report form should be obtained from TCEQ when preparing the annual report (Appendix I) to submit to the TCEQ. A copy of the annual report should be sent to the Texas Water Development Board as well as to the TCEQ. Item 10 1 CHAPTERS I. WATER CONSERVATION PLAN II. WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN Item 10 CHAPTER I WATER CONSERVATION PLAN TOWN OF PROSPER Item 10 i TABLE OF CONTENTS 1. INTRODUCTION AND OBJECTIVES ..................................................................................... 1-1 2. DEFINITIONS ....................................................................................................................... 2-1 3. REGULATORY BASIS FOR WATER CONSERVATION PLAN ................................................... 3-1 3.1 TCEQ Rules Governing Conservation Plans .................................................................... 3-1 3.2 Guidance and Methodology for Reporting on Water Conservation and Water Use ..... 3-3 4. WATER UTILITY PROFILE .................................................................................................... 4-1 5. SPECIFICATION OF WATER CONSERVATION GOALS .......................................................... 5-1 6. BASIC WATER CONSERVATION STRATEGIES ...................................................................... 6-1 6.1 Metering, Water Use Records, Control of Water Loss, and Leak Detection and Repair 6-16.1.1 Accurate Metering of Treated Water Deliveries from NTMWD .............................. 6-16.1.2 Metering of Customer and Public Uses and Meter Testing, Repair, and Replacement .................................................................................................................................. 6-16.1.3 Determination and Control of Water Loss ............................................................... 6-16.1.4 Leak Detection and Repair ....................................................................................... 6-26.1.5 Record Management System ................................................................................... 6-2 6.2 Continuing Public Education and Information Campaign .............................................. 6-3 6.3 NTMWD System Operation Plan .................................................................................... 6-3 6.4 Coordination with Regional Water Planning Group and NTMWD ................................. 6-4 6.5 Requirement for Water Conservation Plans by Wholesale Customers ......................... 6-4 7. ENHANCED WATER CONSERVATION STRATEGIES ............................................................. 7-1 7.1 Water Rate Structure ...................................................................................................... 7-1 7.2 Ordinances, Plumbing Codes, or Rules on Water-Conserving Fixtures .......................... 7-2 7.3 Reuse and Recycling of Wastewater .............................................................................. 7-2 7.4 Interactive Weather Stations / Water My Yard Program ............................................... 7-2 7.5 Compulsory Landscape and Water Management Measures ......................................... 7-3 7.6 Additional Water Conservation Measures (Not Required) ............................................ 7-4 7.7 Monitoring of Effectiveness and Efficiency - Annual Water Conservation Report ........ 7-5 7.8 Water Conservation Implementation Report ................................................................ 7-5 8. IMPLEMENTATION AND ENFORCEMENT OF THE WATER CONSERVATION PLAN ............. 8-1 9. REVIEW AND UPDATE OF WATER CONSERVATION PLAN ................................................. 9-1 LIST OF TABLES Table 5-1 Five-Year and Ten-Year Per Capita Water Use Goals (gpcd) ....................................... 5-2 Item 10 ii APPENDICES APPENDIX A List of References APPENDIX B Texas Commission on Environmental Quality Rules on Municipal Water Conservation Plans • Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule §288.1 – Definitions (Page B-1) • Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule §288.2 – Water Conservation Plans for Municipal Uses by Public Water Suppliers (Page B-4) APPENDIX C TCEQ Water Utility Profile APPENDIX D NTMWD Member City and Customer Annual Water Conservation Report APPENDIX E Considerations for Landscape Water Management Regulations APPENDIX F Letters to Region C and Region D Water Planning Groups APPENDIX G Adoption of Water Conservation Plan • Municipal Ordinance Adopting Water Conservation Plan APPENDIX H Illegal Water Connections and Theft of Water • Municipal Ordinance Pertaining to Illegal Water Connections and Theft of Water APPENDIX I Not Included APPENDIX J TCEQ Water Conservation Implementation Report Item 10 1-1 1. INTRODUCTION AND OBJECTIVES Water supply has always been a key issue in the development of Texas. In recent years, the increasing population and economic development of North Central Texas have led to growing demands for water supplies. At the same time, local and less expensive sources of water supply are largely already developed. Additional supplies to meet future demands will be expensive and difficult to secure. Severe drought conditions in recent years have highlighted the importance of efficient use of our existing supplies to make them last as long as possible. This will delay the need for new supplies, minimize the environmental impacts associated with developing new supplies, and delay the high cost of additional water supply development. Recognizing the need for efficient use of existing water supplies, the Texas Commission on Environmental Quality (TCEQ) has developed guidelines and requirements governing the development of water conservation and drought contingency plans for wholesale water suppliers2. The TCEQ guidelines and requirements for wholesale suppliers are included in Appendix B. The North Texas Municipal Water District (NTMWD) has developed this model water conservation plan pursuant to TCEQ guidelines and requirements. The best management practices established by the Water Conservation Implementation Task Force3 This model water conservation plan includes measures that are intended to result in ongoing, long-term water savings. This plan replaces the previous plans dated August 2004, April 2006 and March 2008 were also considered in the development of the water conservation measures. 4 The objectives of this water conservation plan are as follows: . • To reduce water consumption from the levels that would prevail without conservation efforts. • To reduce the loss and waste of water. • To improve efficiency in the use of water. • Encourage efficient outdoor water use. • To document the level of recycling and reuse in the water supply. • To extend the life of current water supplies by reducing the rate of growth in demand. Item 10 1-2 The water conservation plan presented in this document is a model water conservation plan intended for adoption by the NTMWD Member Cities and Customers. In order to adopt this plan, each Member City and Customer will need to do the following: • Complete the water utility profile (provided in Appendix C). • Complete the annual water conservation implementation report (in Appendix J). • Set five-year and ten-year goals for per capita water use. • Adopt ordinance(s) or regulation(s) approving the model plan. The water utility profile, goals, and ordinance(s) or regulations should be provided to NTMWD in draft form for review and comments. Final adopted versions should also be provided to NTMWD, as well as TCEQ. This model plan includes all of the elements required by TCEQ. Some elements of this model plan go beyond TCEQ requirements. Any water supplier wishing to adjust elements of the plan should coordinate with NTMWD. 1 Superscripted numbers match references listed in Appendix A. Item 10 2-1 2. DEFINITIONS 1. ATHLETIC FIELD means a public sports competition field, the essential feature of which is turf grass, used primarily for organized sports practice, competition or exhibition events for schools, professional sports, or sanctioned league play. 2. COOL SEASON GRASSES are varieties of turf grass that grow best in cool climates primarily in northern and central regions of the U.S. Cool season grasses include perennial and annual rye grass, Kentucky blue grass and fescues. 3. CUSTOMERS include those entities to whom NTMWD provides water on a customer basis that are not members of NTMWD. 4. EVAPOTRANSPIRATION abbreviated as ET represents the amount of water lost from plant material to evaporation and transpiration. The amount of ET can be estimated based on the temperature, wind, and relative humidity. 5. ET/SMART CONTROLLERS are irrigation controllers that adjust their schedule and run times based on weather (ET) data. These controllers are designed to replace the amount of water lost to evapotranspiration. 6. EXECUTIVE DIRECTOR means the Executive Director of the North Texas Municipal Water District and includes a person the Director has designated to administer or perform any task, duty, function, role, or action related to this plan or on behalf of the Executive Director. 7. INSTITUTIONAL USE means the use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home, prison or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. 8. MEMBER CITIES include the cities of Allen, Farmersville, Forney, Frisco, Garland, McKinney, Mesquite, Plano, Princeton, Richardson, Rockwall, Royce City, and Wylie, Texas. 9. MULTI-FAMILY PROPERTY means a property containing five or more dwelling units. Item 10 2-2 10. MUNICIPAL USE means the use of potable water provided by a public water supplier as well as the use of treated wastewater effluent for residential, commercial, industrial, agricultural, institutional, and wholesale uses. 11. RECLAIMED WATER means reclaimed municipal wastewater that has been treated to a quality that meets or exceeds the minimum standards of the 30 Texas Administrative Code, Chapter 210 and is used for lawn irrigation, industry, or other non-potable purposes. 12. REGULATED IRRIGATION PROPERTY means any property that uses 1 million gallons of water or more for irrigation purposes in a single calendar year or is greater than 1 acre in size. 13. RESIDENTIAL GALLONS PER CAPITA PER DAY (Residential GPCD) the total gallons sold for residential use by a public water supplier divided by the residential population served and then divided by the number of days in the year. 14. TOTAL GALLONS PER CAPITA PER DAY (Total GPCD) The total amount of water diverted and/or pumped for potable use divided by the total permanent population divided by the days of the year. Diversion volumes of reuse as defined in TAC 288.1 shall be credited against total diversion volumes for the purposes of calculating GPCD for targets and goals. 15. WATER CONSERVATION PLAN means this water conservation plan approved and adopted by the NTMWD Board of Directors on ____________, 20__. Item 10 3-1 3. REGULATORY BASIS FOR WATER CONSERVATION PLAN 3.1 TCEQ Rules Governing Conservation Plans The TCEQ rules governing development of water conservation plans for public water suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code, which is included in Appendix B. For the purpose of these rules, a water conservation plan is defined as “A strategy or combination of strategies for reducing the volume of water withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution of water2.” The elements in the TCEQ water conservation rules covered in this conservation plan are listed below. The minimum requirements in the Texas Administrative Code for Water Conservation Plans for Public Water Suppliers are covered in this report as follows: Minimum Conservation Plan Requirements • 288.2(a)(1)(A) – Utility Profile – Section 4 and Appendix C • 288.2(a)(1)(B) – Specification of Goals – Section 5 • 288.2(a)(1)(C) – Specific, Quantified Goals – Section 5 • 288.2(a)(1)(D) – Accurate Metering – Section 6.1.1 • 288.2(a)(1)(E) – Universal Metering – Section 6.1.2 • 288.2(a)(1)(F) – Determination and Control of Water Loss – Section 6.1.3 • 288.2(a)(1)(G) – Public Education and Information Program – Section 6.2 • 288.2(a)(1)(H) – Non-Promotional Water Rate Structure – Section 7.1 • 288.2(a)(1)(I) – Reservoir System Operation Plan – Section 6.3 • 288.2(a)(1)(J) – Means of Implementation and Enforcement – Section 8 • 288.2(a)(1)(K) – Coordination with Regional Water Planning Group – Section 6.4 and Appendix F • 288.2(c) – Review and Update of Plan – Section 9 Item 10 3-2 Conservation Additional Requirements (Population over 5,000) • The Texas Administrative Code includes additional requirements for water conservation plans for drinking water supplies serving a population over 5,000 • 288.2(a)(2)(A) – Leak Detection, Repair, and Water Loss Accounting – Sections 6.1.4 • 288.2(a)(2)(B) – Record Management System – Section 6.1.5 • 288.2(a)(2)(C) – Requirement for Water Conservation Plans by Wholesale Customers – Section 6.6 Additional Conservation Strategies The TCEQ requires that a water conservation implementation report be completed and submitted on an annual basis. The template for this report is included in Appendix J. In addition to the TCEQ required water conservation strategies, the NTMWD also requires the following strategy to be included in the Member City and Customer plans: • 288.2(a)(3)(F) – Considerations for Landscape Water Management Regulations – Section 7.5 and Appendix E TCEQ rules also include optional, but not required, conservation may be adopted by suppliers. The NTMWD recommends that the following strategies be included in the Member City and Customer water conservation plans: • 288.2(a)(3)(A) – Conservation Oriented Water Rates – Section 7.1 • 288.2(a)(3)(B) – Ordinances, Plumbing Codes or Rules on Water-Conserving Fixtures – Section 7.2 • 288.2(a)(3)(C) – Replacement or Retrofit of Water-Conserving Plumbing Fixtures – Section 7.6 • 288.2(a)(3)(D) – Reuse and Recycling of Wastewater – Section 7.3 • 288.2(a)(3)(F) – Considerations for Landscape Water Management Regulations – Section 7.4, 7.5 and Appendix E • 288.2(a)(3)(G) – Monitoring Method – Section 7.7 • 288.2(a)(3)(H) – Additional Conservation Ordinance Provisions – Section 7.6 Item 10 3-3 3.2 Guidance and Methodology for Reporting on Water Conservation and Water Use In addition to TCEQ rules regarding water conservation, this plan also incorporates elements of the Guidance and Methodology for Reporting on Water Conservation and Water Use developed by TWDB and TCEQ, in consultation with the Water Conservation Advisory Council (the “Guidance”). The Guidance was developed in response to a charge by the 82nd Texas Legislature to develop water use and calculation methodology and guidance for preparation of water use reports and water conservation plans in accordance with TCEQ rules. Item 10 4-1 4. WATER UTILITY PROFILE Appendix C to this model water conservation plan is a template water utility profile based on the format recommended by the TCEQ. In adopting this model water conservation plan, each Member City and Customer will provide a draft water utility profile to NTMWD for review and comment. A final water utility profile will be provided to NTMWD. Item 10 5-1 5. SPECIFICATION OF WATER CONSERVATION GOALS TCEQ rules require the adoption of specific water conservation goals for a water conservation plan. As part of plan adoption, each Member City and Customer must develop 5-year and 10- year goals for per capita municipal use. These goals should be submitted to NTMWD in draft form for review. The goals for this water conservation plan include the following: • Maintain the total and residential per capita water use below the specified amount in gallons per capita per day in a dry year, as shown in the completed Table 5-1. • Maintain the water loss percentage in the system below 12 percent annually in 2013 and subsequent years, as discussed in Section 6.1.3. (The 12 percent goal for water loss is recommended but is not required. Systems with long distances between customers may adopt a higher percent water loss goal.) • Implement and maintain a program of universal metering and meter replacement and repair, as discussed in Section 6.1.2. • Increase efficient water usage through a water conservation ordinance, order or resolution as discussed in Section 7.5 and Appendix E. (This ordinance is required by the NTMWD.) • Decrease waste in lawn irrigation by implementation and enforcement of landscape water management regulations, as discussed in Section 7.6. (These landscape water management regulations are recommended but are not required.) • Raise public awareness of water conservation and encourage responsible public behavior by a public education and information program, as discussed in Section 6.2. • Develop a system specific strategy to conserve water during peak demands, thereby reducing the peak use. Item 10 5-2 Table 5-1 Five-Year and Ten-Year Per Capita Water Use Goals (gpcd) Description Current Average (gpcd) 5-Year Goal (gpcd) 10-Year Goal (gpcd) Current 5-Year Average Total Per Capita Use with Credit for Reuse 161.42 170 155 Current 5-Year Average Residential Per Capita Use 119.14 115 110 Water Loss (GPCD)9.6 1 9.5 9.0 Water Loss (Percentage)5.94 2 5 5 Expected Reduction due to Low-Flow Plumbing Fixtures 6 7 8 Projected Reduction Due to Elements in this Plan 10 12 13 Water Conservation Goals (with credit for reuse) 161.42 170 155 1. Water Loss GPCD = (Total Water Loss ÷ Permanent Population) ÷ 365 2. Water Loss Percentage = (Total Water Loss ÷Total Gallons in System) x 100; or (Water Loss GPCD ÷ Total GPCD) x 100 Item 10 6-1 6. BASIC WATER CONSERVATION STRATEGIES 6.1 Metering, Water Use Records, Control of Water Loss, and Leak Detection and Repair One of the key elements of water conservation is tracking water use and controlling losses through illegal diversions and leaks. It is important to carefully meter water use, detect and repair leaks in the distribution system and provide regular monitoring of real losses. 6.1.1 Accurate Metering of Treated Water Deliveries from NTMWD Water deliveries from NTMWD are metered by NTMWD using meters with accuracy of ±2%. These meters are calibrated on an annual basis by NTMWD to maintain the required accuracy. 6.1.2 Metering of Customer and Public Uses and Meter Testing, Repair, and Replacement The provision of water to all customers, including public and governmental users, should be metered. In many cases, Member Cities and Customers already meter retail and wholesale water users. For those Member Cities and Customers who do not currently meter all internal water uses, as well as all subsequent users, these entities should implement a program to meter all water uses within the next three years. Most Member Cities and Customers test and replace their customer meters on a regular basis. All customer meters should be replaced on a minimum of a 15-year cycle. Those who do not currently have a meter testing and replacement program should implement such a program over the next three years. 6.1.3 Determination and Control of Water Loss Total water loss is the difference between water delivered to Member Cities and Customers from NTMWD (and other supplies, if applicable) and metered water sales to customers plus authorized for use but not sold. (Authorized for use but not sold would include use for fire fighting, releases for flushing of lines, uses associated with new construction, etc.) Total water loss includes three categories: • Apparent Losses – including inaccuracies in customer meters. (Customer meters tend to run more slowly as they age and under-report actual use.) Losses due to Item 10 6-2 illegal connections and theft. (Included in Appendix H.) Accounts which are being used but have not yet been added to the billing system. • Real Losses – includes physical losses from the system or mains, reported breaks and leaks, storage overflow. • Unidentified Water Losses – (System Input - Total Authorized - Apparent Losses - Real Losses) Measures to control water loss should be part of the routine operations of Member Cities and Customers. Maintenance crews and personnel should look for and report evidence of leaks in the water distribution system. A leak detection and repair program is described in Section 6.1.4 below. Meter readers should watch for and report signs of illegal connections, so they can be quickly addressed. Total water loss should be calculated in accordance with the provisions of Appendix J. With the measures described in this plan, Member Cities and Customers should maintain water loss percentage below 12 percent in 2013 and subsequent years. If total water loss exceeds this goal, the Member City or Customer should implement a more intensive audit to determine the source(s) of and reduce the water loss. The annual conservation report described below is the primary tool that should be used to monitor water loss. 6.1.4 Leak Detection and Repair As described above, town crews and personnel should look for and report evidence of leaks in the water distribution system. Areas of the water distribution system in which numerous leaks and line breaks occur should be targeted for replacement as funds are available. 6.1.5 Record Management System As required by TAC Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2(a)(2)(B), a record management system should allow for the separation of water sales and uses into residential, commercial, public/institutional, and industrial categories. This information should be included in an annual water conservation report, as described in Section 7.7 below. Those entities whose record management systems do not currently comply with this requirement should move to implement such a system within the next five years. Item 10 6-3 6.2 Continuing Public Education and Information Campaign The continuing public education and information campaign on water conservation includes the following elements: • Utilize the “Water IQ: Know Your Water” and other public education materials produced by the NTMWD. • Insert water conservation information with water bills. Inserts will include material developed by Member Cities’ and Customers’ staff and material obtained from the TWDB, the TCEQ, and other sources. • Encourage local media coverage of water conservation issues and the importance of water conservation. • Notify local organizations, schools, and civic groups that Member City or Customer staff and staff of the NTMWD are available to make presentations on the importance of water conservation and ways to save water. • Promote the Texas Smartscape web site (www.txsmartscape.com) and provide water conservation brochures and other water conservation materials available to the public at Town Hall and other public places. • Make information on water conservation available on its website (if applicable) and include links to the “Water IQ: Know Your Water” website, Texas Smartscape website and to information on water conservation on the TWDB and TCEQ web sites and other resources. • NTMWD is an EPA Water Sense Partner and participates in the EPA Water Sense sponsored “Fix a Leak Week.” NTMWD encourages all member cities and customers to become EPA Water Sense Partners. • Utilize the Water My Yard website and encourage customers to sign-up to receive weekly watering advice. 6.3 NTMWD System Operation Plan Member Cities and Customers of NTMWD purchase treated water from NTMWD and do not have surface water supplies for which to implement a system operation plan. NTMWD operates multiple sources of water supply as a system. The operation of the reservoir system is intended to optimize the use of the District’s sources (within the constraints of existing water rights) while Item 10 6-4 minimizing energy use cost for pumping, maintaining water quality, minimizing potential impacts on recreational users of the reservoirs and fish and wildlife. 6.4 Coordination with Regional Water Planning Group and NTMWD Appendix F includes a letter sent to the Chair of the Region C and Region D water planning group with this model water conservation plan. Each Member City and Customer will send a copy of their draft ordinance(s) or regulation(s) implementing the plan and their water utility profile to NTMWD for review and comment. The adopted ordinance(s) or regulation(s) and the adopted water utility profile will be sent to the Chair of the appropriate Water Planning Group and to NTMWD. 6.5 Requirement for Water Conservation Plans by Wholesale Customers Every contract for the wholesale sale of water by Member Cities and/or Customers that is entered into, renewed, or extended after the adoption of this water conservation plan will include a requirement that the wholesale customer and any wholesale customers of that wholesale customer develop and implement a water conservation plan meeting the requirements of Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code. The requirement will also extend to each successive wholesale customer in the resale of the water. Item 10 7-1 7. ENHANCED WATER CONSERVATION STRATEGIES 7.1 Water Rate Structure Member Cities and Customers should adopt, if they have not already done so, an increasing block rate water structure that is intended to encourage water conservation and discourage excessive use and waste of water upon completion of their next rate study or within five years. An example water rate structure is as follows: Residential Rates 1. Monthly minimum charge. This can (but does not have to) include up to 2,000 gallons water use with no additional charge. 2. Base charge per 1,000 gallons up to the approximate average residential use. 3. 2nd 4. 3 tier (from the average to 2 times the approximate average) at 1.25 to 2.0 times the base charge. rd tier (above 2 times the approximate average) at 1.25 to 2.0 times the 2nd 5. Additional tiers with further increases if desired. tier. 6. The residential rate can also include a lower tier for basic household use up to 4,000 gallons per month or a determined basic use. Commercial/Industrial Rates Commercial/industrial rates should include at least 2 tiers, with rates for the 2nd tier at 1.25 to 2.0 times the first tier. Higher water rates for commercial irrigation use are encouraged, but not required. Item 10 7-2 7.2 Ordinances, Plumbing Codes, or Rules on Water-Conserving Fixtures The state has required water-conserving fixtures in new construction and renovations since 1992. The state standards call for flows of no more than 2.5 gallons per minute (gpm) for faucets, 2.5 gpm for showerheads, and 1.6 gallons per flush for toilets. Similar standards are now required nationally under federal law. These state and federal standards assure that all new construction and renovations will use water-conserving fixtures. 7.3 Reuse and Recycling of Wastewater Most Member Cities and Customers do not own and operate their own wastewater treatment plants. Their wastewater is treated by NTMWD. NTMWD currently has the largest wastewater reuse program in the state. NTMWD has water rights allowing reuse of up to 71,882 acre-feet per year of this treated wastewater through Lavon Lake for municipal purposes. In addition, NTMWD has also developed the East Fork Raw Water Supply Project which can divert up to 157,393 acre-feet per year based on treated wastewater discharges by the NTMWD. When fully developed, these two reuse projects will provide up to 44 percent of the NTMWD’s currently permitted water supplies. NTMWD also provides treated effluent from its wastewater treatment plants available for direct reuse for landscape irrigation and industrial use. Those Member Cities and Customers who own and operate their own wastewater treatment plants should move toward reusing treated effluent for irrigation purposes at their plant site over the next three years. These entities should also seek other alternatives for reuse of recycled wastewater effluent. 7.4 Interactive Weather Stations / Water My Yard Program NTMWD has developed the Water My Yard program to install weather stations throughout its service area to provide consumers with a weekly e-mail and information through the Water My Yard website in determining an adequate amount of supplemental water that is needed to maintain healthy grass in specific locations. This service represents the largest network of weather stations providing ET-based irrigation recommendations in the State of Texas, and provides the public advanced information regarding outdoor irrigation needs, thereby reducing water use. Through a series of selections on the type of irrigation system a consumer has, a weekly email is provided that will determine how long (in minutes) that an irrigation system Item 10 7-3 needs to run based on the past seven days of weather. This recommendation provides the actual amount of supplemental water that is required for a healthy lawn based on research of the Texas A&M Agrilife Extension Service and proven technologies. This innovative program has been available to those within the NTMWD service area since May 2013. 7.5 Compulsory Landscape and Water Management Measures The following landscape water management measures are required by the NTMWD for this plan. These measures represent minimum measures to be implemented and enforced in order to irrigate the landscape appropriately, and are to remain in effect on a permanent basis unless water resource management stages are declared. 1. Landscape Water Management Measures • Limit landscape watering with sprinklers or irrigation systems at each service address to no more than two days per week (April 1 – October 31), with education that less than twice per week is usually adequate. Additional watering of landscape may be provided by hand-held hose with shutoff nozzle, use of dedicated irrigation drip zones, and/or soaker hose provided no runoff occurs. • Limit landscape watering with sprinklers or irrigation systems at each service address to no more than one day per week beginning November 1 and ending March 31 of each year, with education that less than once per week is usually adequate. • Prohibit lawn irrigation watering from 10 AM to 6 PM (April 1 – October 31). • Prohibit the use or irrigation systems that water impervious surfaces. (Wind driven water drift will be taken into consideration.) • Prohibit outdoor watering during precipitation or freeze events. • Prohibition of use of poorly maintained sprinkler systems that waste water. • Prohibit excess water runoff or other obvious waste. • Require rain and freeze sensors and/or ET or Smart controllers on all new irrigation systems. Rain and freeze sensors and/or ET or Smart controllers must be maintained to function properly. Item 10 7-4 • Prohibit overseeding, sodding, sprigging, broadcasting or plugging with cool season grasses or watering cool season grasses, except for golf courses and athletic fields. • Require that irrigation systems be inspected at the same time as initial backflow preventer inspection. • Requirement that all new irrigation systems be in compliance with state design and installation regulations (TAC Title 30, Part 1, Chapter 344). • Require the owner of a regulated irrigation property to obtain an evaluation of any permanently installed irrigation system on a periodic basis. The irrigation evaluation shall be conducted by an licensed irrigator in the state of Texas and be submitted to your local water provider (i.e., city, water supply corporation). 2. Additional Water Management Measures • Prohibit the use of potable water to fill or refill residential, amenity, and any other natural or manmade ponds. A pond is considered to be a still body of water with a surface area of 500 square feet or more. • Non –commercial car washing can be done only when using a water hose with a shut-off nozzle. • Hotels and motels shall offer a linen reuse water conservation option to customers. • Restaurants, bars, and other commercial food or beverage establishments may not provide drinking water to customers unless a specific request is made by the customer for drinking water. Member Cities and Customers are responsible for developing regulations, ordinances, policies, or procedures for enforcement of water conservation guidelines. Appendix E is a summary of considerations for landscape water management regulations adopted as part of the development of this water conservation plan. These regulations are intended to minimize waste in landscape irrigation. Appendix E includes the required landscape water measures in this section. 7.6 Additional Water Conservation Measures (Not Required) Item 10 7-5 7.7 Monitoring of Effectiveness and Efficiency - Annual Water Conservation Report Appendix D is a form that should be used in the development of an annual water conservation report by Member Cities and Customers. This form should be completed by March 31 of the following year and used to monitor the effectiveness and efficiency of the water conservation program and to plan conservation-related activities for the next year. The form records the water use by category, per capita municipal use, and total water loss for the current year and compares them to historical values. As part of the development of Appendix D, Member Cities and Customers will complete the tracking tool by March 31 of the following year and submit them to NTWMD. The annual water conservation report should be sent to NTMWD, which will monitor NTMWD Member Cities’ and Customers’ water conservation trends. 7.8 Water Conservation Implementation Report Appendix J includes the TCEQ-required water conservation implementation report. The report is due to the TCEQ by May 1 of every year. This report lists the various water conservation strategies that have been implemented, including the date the strategy was implemented. The report also calls for the five-year and ten-year per capita water use goals from the previous water conservation plan. The reporting entity must answer whether or not these goals have been met and if not, why not. The amount of water saved is also requested. Item 10 8-1 8. IMPLEMENTATION AND ENFORCEMENT OF THE WATER CONSERVATION PLAN Appendix G contains a draft ordinance, order, or resolution which may be tailored to meet Member or Customer City needs and be adopted by the Town Council or governing board regarding the model water conservation plan. The ordinance, order, or resolution designates responsible officials to implement and enforce the water conservation plan. Appendix E, the considerations for landscape water management regulations, also includes information about enforcement. Appendix H includes a copy of an ordinance, order, or resolution that may be adopted related to illegal connections and water theft. Item 10 9-1 9. REVIEW AND UPDATE OF WATER CONSERVATION PLAN TCEQ requires that the water conservation plans be updated prior to May 1, 2014. The plans are required to be updated every five years thereafter. The plan will be updated as required and as appropriate based on new or updated information. Item 10 APPENDIX A LIST OF REFERENCES Item 10 A-1 APPENDIX A LIST OF REFERENCES 1. Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter B, Rules 288.20 and 288.22, downloaded from http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=4&ti=30&pt=1&ch=288, June 2013 2. Freese and Nichols, Inc.: Model Water Resource Management Plan for NTMWD Members Cities and Customers, prepared for the North Texas Municipal Water District, Fort Worth, October 2012. 3. Definitions from City of Austin Water Conservation and Drought Contingency Ordinance adopted August 16, 2012. http://www.austintexas.gov/sites/default/files/files/Water/Conservation/Planning_and_Policy/ ProposedCodeRevision_DRAFT_with_watering_schedule-8-15-2012.pdf 4. Definition from City of San Antonio Water Conservation Ordinance adopted 2005. 5. Definition developed by Freese and Nichols, Inc. http://saws.org/conservation/ordinance/docs/Ch34_Ordinance_2009.pdf 6. Freese and Nichols, Inc.: Water Conservation and Drought Contingency and Water Emergency Response Plan, prepared for North Texas Municipal Water District, Fort Worth, March 2008. 7. Texas Water Development Board, Texas Commission on Environmental Quality, Water Conservation Advisory Council. “Guidance and Methodology for Water Conservation Reporting.”, December 2012. 8. Freese and Nichols, Inc., Alan Plummer and Associates, CP &Y Inc., Cooksey Communications, “2011 Region C Water Plan”. Item 10 APPENDIX B TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON MUNICIPAL WATER CONSERVATION PLANS Item 10 B-1 APPENDIX B TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON MUNICIPAL WATER CONSERVATION PLANS Texas Administrative Code TITLE 30 ENVIRONMENTAL QUALITY PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS SUBCHAPTER A WATER CONSERVATION PLANS RULE §288.1 Definitions ____________________________________________________________________________________ The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Agricultural or Agriculture--Any of the following activities: (A) cultivating the soil to produce crops for human food, animal feed, or planting seed or for the production of fibers; (B) the practice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or non-soil media by a nursery grower; (C) raising, feeding, or keeping animals for breeding purposes or for the production of food or fiber, leather, pelts, or other tangible products having a commercial value; (D) raising or keeping equine animals; (E) wildlife management; and (F) planting cover crops, including cover crops cultivated for transplantation, or leaving land idle for the purpose of participating in any governmental program or normal crop or livestock rotation procedure. Item 10 B-2 (2) Agricultural use--Any use or activity involving agriculture, including irrigation. (3) Best management practices--Voluntary efficiency measures that save a quantifiable amount of water, either directly or indirectly, and that can be implemented within a specific time frame. (4) Conservation--Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a water supply is made available for future or alternative uses. (5) Commercial use--The use of water by a place of business, such as a hotel, restaurant, or office building. This does not include multi-family residences or agricultural, industrial, or institutional users. (6) Drought contingency plan--A strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies. A drought contingency plan may be a separate document identified as such or may be contained within another water management document(s). (7) Industrial use--The use of water in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, and the development of power by means other than hydroelectric, but does not include agricultural use. (8) Institutional use--The use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home, prison or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. (9) Irrigation--The agricultural use of water for the irrigation of crops, trees, and pastureland, including, but not limited to, golf courses and parks which do not receive water from a public water supplier. (10) Irrigation water use efficiency--The percentage of that amount of irrigation water which is beneficially used by agriculture crops or other vegetation relative to the amount of water diverted from the source(s) of supply. Beneficial uses of water for irrigation purposes include, but are not limited to, evapotranspiration needs for vegetative maintenance and growth, salinity management, and leaching requirements associated with irrigation. (11) Mining use--The use of water for mining processes including hydraulic use, drilling, washing sand and gravel, and oil field re-pressuring. Item 10 B-3 (12) Municipal use--The use of potable water provided by a public water supplier as well as the use of sewage effluent for residential, commercial, industrial, agricultural, institutional, and wholesale uses. (13) Nursery grower--A person engaged in the practice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or nonsoil media, who grows more than 50% of the products that the person either sells or leases, regardless of the variety sold, leased, or grown. For the purpose of this definition, grow means the actual cultivation or propagation of the product beyond the mere holding or maintaining of the item prior to sale or lease, and typically includes activities associated with the production or multiplying of stock such as the development of new plants from cuttings, grafts, plugs, or seedlings. (14) Pollution--The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. (15) Public water supplier--An individual or entity that supplies water to the public for human consumption. (16) Residential use--The use of water that is billed to single and multi-family residences, which applies to indoor and outdoor uses. (17) Residential gallons per capita per day--The total gallons sold for residential use by a public water supplier divided by the residential population served and then divided by the number of days in the year. (18) Regional water planning group--A group established by the Texas Water Development Board to prepare a regional water plan under Texas Water Code, §16.053. (19) Retail public water supplier--An individual or entity that for compensation supplies water to the public for human consumption. The term does not include an individual or entity that supplies water to itself or its employees or tenants when that water is not resold to or used by others. (20) Reuse--The authorized use for one or more beneficial purposes of use of water that remains unconsumed after the water is used for the original purpose of use and before that water is either Item 10 B-4 disposed of or discharged or otherwise allowed to flow into a watercourse, lake, or other body of state- owned water. (21) Total use--The volume of raw or potable water provided by a public water supplier to billed customer sectors or nonrevenue uses and the volume lost during conveyance, treatment, or transmission of that water. (22) Total gallons per capita per day (GPCD)--The total amount of water diverted and/or pumped for potable use divided by the total permanent population divided by the days of the year. Diversion volumes of reuse as defined in this chapter shall be credited against total diversion volumes for the purposes of calculating GPCD for targets and goals. (23) Water conservation plan--A strategy or combination of strategies for reducing the volume of water withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution of water. A water conservation plan may be a separate document identified as such or may be contained within another water management document(s). (24) Wholesale public water supplier--An individual or entity that for compensation supplies water to another for resale to the public for human consumption. The term does not include an individual or entity that supplies water to itself or its employees or tenants as an incident of that employee service or tenancy when that water is not resold to or used by others, or an individual or entity that conveys water to another individual or entity, but does not own the right to the water which is conveyed, whether or not for a delivery fee. (25) Wholesale use--Water sold from one entity or public water supplier to other retail water purveyors for resale to individual customers. Source Note: The provisions of this §288.1 adopted to be effective May 3, 1993, 18 TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544; amended to be effective August 15, 2002, 27 TexReg 7146; amended to be effective October 7, 2004, 29 TexReg 9384; amended to be effective January 10, 2008, 33 TexReg 193; amended to be effective December 6, 2012, 37 TexReg 9515 Item 10 B-5 Texas Administrative Code TITLE 30 ENVIRONMENTAL QUALITY PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS SUBCHAPTER A WATER CONSERVATION PLANS RULE §288.2 Water Conservation Plans for Municipal Uses by Public Water Suppliers _____________________________________________________________________________________ (a) A water conservation plan for municipal water use by public water suppliers must provide information in response to the following. If the plan does not provide information for each requirement, the public water supplier shall include in the plan an explanation of why the requirement is not applicable. (1) Minimum requirements. All water conservation plans for municipal uses by public water suppliers must include the following elements: (A) a utility profile in accordance with the Texas Water Use Methodology, including, but not limited to, information regarding population and customer data, water use data (including total gallons per capita per day (GPCD) and residential GPCD), water supply system data, and wastewater system data; (B) a record management system which allows for the classification of water sales and uses into the most detailed level of water use data currently available to it, including, if possible, the sectors listed in clauses (i) - (vi) of this subparagraph. Any new billing system purchased by a public water supplier must be capable of reporting detailed water use data as described in clauses (i) - (vi) of this subparagraph: (i) residential; (I) single family; (II) multi-family; (ii) commercial; (iii) institutional; Item 10 B-6 (iv) industrial; (v) agricultural; and, (vi) wholesale. (C) specific, quantified five-year and ten-year targets for water savings to include goals for water loss programs and goals for municipal use in total GPCD and residential GPCD. The goals established by a public water supplier under this subparagraph are not enforceable; (D) metering device(s), within an accuracy of plus or minus 5.0% in order to measure and account for the amount of water diverted from the source of supply; (E) a program for universal metering of both customer and public uses of water, for meter testing and repair, and for periodic meter replacement; (F) measures to determine and control water loss (for example, periodic visual inspections along distribution lines; annual or monthly audit of the water system to determine illegal connections; abandoned services; etc.); (G) a program of continuing public education and information regarding water conservation; (H) a water rate structure which is not "promotional," i.e., a rate structure which is cost-based and which does not encourage the excessive use of water; (I) a reservoir systems operations plan, if applicable, providing for the coordinated operation of reservoirs owned by the applicant within a common watershed or river basin in order to optimize available water supplies; and (J) a means of implementation and enforcement which shall be evidenced by: (i) a copy of the ordinance, resolution, or tariff indicating official adoption of the water conservation plan by the water supplier; and (ii) a description of the authority by which the water supplier will implement and enforce the conservation plan; and Item 10 B-7 (K) documentation of coordination with the regional water planning groups for the service area of the public water supplier in order to ensure consistency with the appropriate approved regional water plans. (2) Additional content requirements. Water conservation plans for municipal uses by public drinking water suppliers serving a current population of 5,000 or more and/or a projected population of 5,000 or more within the next ten years subsequent to the effective date of the plan must include the following elements: (A) a program of leak detection, repair, and water loss accounting for the water transmission, delivery, and distribution system; (B) a requirement in every wholesale water supply contract entered into or renewed after official adoption of the plan (by either ordinance, resolution, or tariff), and including any contract extension, that each successive wholesale customer develop and implement a water conservation plan or water conservation measures using the applicable elements in this chapter. If the customer intends to resell the water, the contract between the initial supplier and customer must provide that the contract for the resale of the water must have water conservation requirements so that each successive customer in the resale of the water will be required to implement water conservation measures in accordance with the provisions of this chapter. (3) Additional conservation strategies. Any combination of the following strategies shall be selected by the water supplier, in addition to the minimum requirements in paragraphs (1) and (2) of this subsection, if they are necessary to achieve the stated water conservation goals of the plan. The commission may require that any of the following strategies be implemented by the water supplier if the commission determines that the strategy is necessary to achieve the goals of the water conservation plan: (A) conservation-oriented water rates and water rate structures such as uniform or increasing block rate schedules, and/or seasonal rates, but not flat rate or decreasing block rates; (B) adoption of ordinances, plumbing codes, and/or rules requiring water-conserving plumbing fixtures to be installed in new structures and existing structures undergoing substantial modification or addition; Item 10 B-8 (C) a program for the replacement or retrofit of water-conserving plumbing fixtures in existing structures; (D) reuse and/or recycling of wastewater and/or graywater; (E) a program for pressure control and/or reduction in the distribution system and/or for customer connections; (F) a program and/or ordinance(s) for landscape water management; (G) a method for monitoring the effectiveness and efficiency of the water conservation plan; and (H) any other water conservation practice, method, or technique which the water supplier shows to be appropriate for achieving the stated goal or goals of the water conservation plan. (b) A water conservation plan prepared in accordance with 31 TAC §363.15 (relating to Required Water Conservation Plan) of the Texas Water Development Board and substantially meeting the requirements of this section and other applicable commission rules may be submitted to meet application requirements in accordance with a memorandum of understanding between the commission and the Texas Water Development Board. (c) A public water supplier for municipal use shall review and update its water conservation plan, as appropriate, based on an assessment of previous five-year and ten-year targets and any other new or updated information. The public water supplier for municipal use shall review and update the next revision of its water conservation plan every five years to coincide with the regional water planning group. Source Note: The provisions of this §288.2 adopted to be effective May 3, 1993, 18 TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544; amended to be effective October 7, 2004, 29 TexReg 9384; amended to be effective December 6, 2012, 37 TexReg 9515 Item 10 APPENDIX C LETTERS TO REGION C AND REGION D WATER PLANNING GROUPS Item 10 C-1 APPENDIX C LETTERS TO REGION C AND REGION D WATER PLANNING GROUPS Date Region C Water Planning Group c/o North Texas Municipal Water District P.O. Box 2408 Wylie, TX 75098 Dear Sir: Enclosed please find a copy of the Model Water Resource and Emergency Management Plan (which is an update to the previous Drought Contingency and Water Emergency Response Plan) for Member Cities and Customers of the North Texas Municipal Water District. I am submitting a copy of this plan to the Region C Water Planning Group in accordance with the Texas Water Development Board and Texas Commission on Environmental Quality rules. The Board of the North Texas Municipal Water District adopted the updated model plan on _________ __, 2014. Sincerely, Thomas W. (Tom) Kula, Executive Director North Texas Municipal Water District Item 10 C-2 Date Mr. Brett McCoy Chair, Region D Water Planning Group 700 CR3347 Omaha, TX 75571 Dear Mr. McCoy: Enclosed please find a copy of the recently updated Model Water Resource and Emergency Management Plan for Member Cities and Customers of the North Texas Municipal Water District. I am submitting a copy of this plan to the Region C Water Planning Group in accordance with the Texas Water Development Board and Texas Commission on Environmental Quality rules. The Board of the North Texas Municipal Water District adopted the updated model plan on _________ __, 2014. Sincerely, Thomas W. (Tom) Kula, Executive Director North Texas Municipal Water District Item 10 APPENDIX D NTMWD MEMBER CITY AND CUSTOMER ANNUAL WATER CONSERVATION REPORT Item 10 Entity Reporting:Filled Out By:Date Completed:Year Covered:# of ConnectionsRecorded Deliveries and Sales by Month (in Million Gallons):Residential CommercialPublic/ InstitutionalIndustrial Wholesale Other TotalJanuary 52.778 30.500 4.915 35.415February 49.112 29.504 8.020 37.524March 58.081 42.094 12.596 54.690April 67.938 42.802 11.669 54.471May 96.455 59.487 11.670 71.157June 88.932 63.559 12.024 75.583July 72.239 71.727 15.052 86.779August 108.332 60.769 10.639 71.408September 108.025 85.326 19.079 104.405October 82.483 73.086 19.536 92.622November 66.027 57.050 12.691 69.741December 46.81 39.629 6.445 46.074TOTAL 897.212 0.000 655.533 144.336 0.000 0.000 0.000 0.000 799.869Peak Day UsagePeak Day (MG) 5.177 Total peak day use (Peak day delivery from NTMWD + other supplies)Average Day (MG) 2.458 Average day use (Annual deliveries from NTMWD + other supplies / 365 days)Peak/Average Day Rati 2.106 Total peak day use/average day useUnaccounted Water (Million Gallons):NTMWD Deliveries 897.212 from Table aboveOther Supplies 0.000 from Table aboveTotal Supplies 897.212 from Table aboveTotal Sales 799.869 from Table aboveEstimated Fire Use 3.180 estimated from best available dataEstimated Line Flushing Use 55.079 estimated from best available dataUnaccounted Water 39.084% Unaccounted 4.36%Goal for % Unaccounted 10.00%APPENDIX DOther SuppliesMonthNTMWD MEMBER CITY AND CUSTOMER WATER CONSERVATION REPORTDeliveries from NTMWDSales by CategoryTown of ProsperDue: March 31 of every yearGlenn Soike2/3/201520144,880D-1Item 10 Per Capita Use (Gallons per person per day)Total Use (MG) 897.212Municipal Use (MG) 897.212Residential Use (MG) 752.876Estimated Population 14,710 NCTCOGTotal Per Capita Use (gpcd) 167.11Municipal Per Capita Use (gpcd) 167.11Residential Per Capita Use (gpcd) 140.22190180Recorded Wholesale Sales by Month (in Million Gallons):MonthSales to ______Sales to ______Sales to ______Sales to ______Sales to ______Sales to ______Sales to ______Sales to ______JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberTOTAL 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000Information on Wholesale Customers:0.0000.0000.0000.0000.0000.0000.000CustomerEstimated Population0.0000.000from Table above (NTMWD deliveries+ other supplies - commercial sales - public/institutional sales - industrial sales - wh0.0000.000Total Wholesale Sales0.0000.0005-year Per Capita Goal (___)10-year Per Capita Goal (___)from Table above (NTMWD deliveries+ other supplies - wholesale)from Table above (NTMWD deliveries+ other supplies - industrial sales - wholesale - other sales)D-2Item 10 Unusual Circumstances (use additional sheets if necessary):Progress in Implementation of Conservation Plan (use additional sheets if necessary): The Town Of Prosper Water Conservation Plan has been implemented.D-3Item 10 Conservation measures planned for next year (use additional sheets if necessary):Assistance requested from North Texas Municipal Water District (use additional sheets if necessary):Other (use additional sheets if necessary):The Town of Prosper will host numerous free Water Conservation Courses and a five week Landscape and Garden Program in the Spring led by Dr. Greg Church with Collin County Extension Services and Texas A&M Agri-Life and Collin County Master Gardeners. Staff will also present water conservation courses to several schools in Prosper to help educate the children. D-4Item 10     APPENDIX E CONSIDERATIONS FOR LANDSCAPE WATER MANAGEMENT REGULATIONS Item 10   E‐1  APPENDIX E CONSIDERATIONS FOR LANDSCAPE WATER MANAGEMENT REGULATIONS A. Purpose  The purpose of these proposed landscape water management regulations is to provide a  consistent mechanism for preventing the waste of water resources.  To enact these  provisions, entities must verify legal authority to adopt such provisions, and must  promulgate valid rules, orders, or ordinances.  B. Required Measures  The following landscape water conservation measures are required to be included in the  landscape management regulations adopted and enforced in this plan.  1. Lawn and Landscape Irrigation Restrictions  a.  A person commits an offense if the person irrigates, waters, or knowingly or  recklessly causes or allows the irrigation or watering of any lawn or landscape  located on any property owned, leased, or managed by the person between the  hours of 10:00 a.m. and 6:00 p.m. from April 1 through October 31 of any year.  b. A person commits an offense if the person knowingly or recklessly irrigates, waters,  or causes or allows the irrigation or watering of lawn or landscape located on any  property owned, leased, or managed by that person in such a manner that causes:  1) over‐watering lawn or landscape, such that a constant stream of water  overflows from the lawn or landscape onto a street or other drainage area; or  2) irrigating lawn or landscape during any form of precipitation or freezing  conditions.  This restriction applies to all forms of irrigation, including automatic  sprinkler systems; or  3) the irrigation of impervious surfaces or other non‐irrigated areas, wind driven  water drift taken into consideration.  c. A person commits an offense if the person knowingly or recklessly allows the  irrigation or watering of any lawn or landscape located on any property owned,  leased, or managed by the person more than two days per week.  2. Rain and Freeze Sensors and/or ET or Smart Controllers  Item 10   E‐2  Any new irrigation system installed on or after November 4, 2004, must be equipped  with rain and freeze sensing devices and/or ET or Smart controllers in compliance with  state design and installation regulations.    a. A person commits an offense on property owned, leased or managed if the person:  1) knowingly or recklessly installs or allows the installation of new irrigation  systems in violation of Subsection B.2.a; or  2) knowingly or recklessly operates or allows the operation of an irrigation system  that does not comply with Subsection B.2.a.  3. Filling or Refilling of Ponds  A person commits an offense if the person knowingly or recklessly fills or refills any  natural or manmade pond located on any property owned, leased, or managed by the  person by introducing any treated water to fill or refill the pond. This does not restrict  the filling or maintenance of pond levels by the effect of natural water runoff or the  introduction of well water into the pond.  A pond is considered to be a still body of  water with a surface area of 500 square feet or more.  4. Washing of Vehicles  A person commits an offense if the person knowingly or recklessly washes a vehicle  without using a water hose with a shut‐off nozzle on any property owned, leased, or  managed by the person.  5. Enforcement  Each entity will develop its own set of penalties for violations of the ordinance, order, or  resolution. The ordinance, order, or resolution will designate the responsible official(s)  to implement and enforce the landscape water conservation measures.    C. Recommended Measures  1. Lawn and Landscape Irrigation Restrictions  a. A person commits an offense if the person knowingly or recklessly operates a lawn  or irrigation system or device on property that the person owns, leases, or manages  that:  1) has broken or missing sprinkler head(s); or  2) has not been properly maintained to prevent the waste of water.  Item 10   E‐3  b. A person commits an offense if the person knowingly or recklessly overseeds a lawn  with rye or winter grass on property that the person owns, leases, or manages.  Golf  courses and public athletic fields are exempt from this restriction.  c. All new athletic fields must have separate irrigation systems that are capable of  irrigating the playing fields separately from other open spaces.  2. Rain and Freeze Sensors  a. New irrigation systems are required to have rain and freeze sensors.  D. Variances  1. In special cases, variances may be granted to persons demonstrating extreme hardship  or need.  Variances may be granted under the following circumstances:  a. the applicant must sign a compliance agreement agreeing to irrigate or water the  lawn and/or landscape only in the amount and manner permitted by the variance;  and  b. the variance must not cause an immediate significant reduction to the water supply;  and  c. the extreme hardship or need requiring the variance must relate to the health,  safety, or welfare of the person making the request; and  d. the health, safety, and welfare of the public and the person making the request  must not be adversely affected by the requested variance.  2. A variance will be revoked upon a finding that:  a. the applicant can no longer demonstrate extreme hardship or need; or  b. the terms of the compliance agreement are violated; or  c. the health, safety, or welfare of the public or other persons requires revocation.      Item 10     APPENDIX F LETTERS TO REGION C AND REGION D WATER PLANNING GROUPS Item 10   F‐1  APPENDIX F LETTERS TO REGION C AND REGION D WATER PLANNING GROUPS Date Region C Water Planning Group North Texas Municipal Water District P.O. Box 2408 Wylie, TX 75098 Dear Sir: Enclosed please find a copy of the recently updated Model Water Conservation Plan for the Member Cities and Customers of the North Texas Municipal Water District. I am submitting a copy of this model plan to the Region C Water Planning Group in accordance with the Texas Water Development Board and Texas Commission on Environmental Quality rules. The Board of the North Texas Municipal Water District adopted the updated model plan on ________ ___, 201__. Sincerely, Thomas W. (Tom) Kula Executive Director North Texas Municipal Water District Item 10   F‐2  Date Mr. Bret McCoy Chair, Region D Water Planning Group 700 CR3347 Omaha, TX 75571 Dear Mr. McCoy: Enclosed please find a copy of the recently updated Model Water Conservation Plan for the Member Cities and Customers of the North Texas Municipal Water District. I am submitting a copy of this model plan to the Region D Water Planning Group in accordance with the Texas Water Development Board and Texas Commission on Environmental Quality rules. The Board of the North Texas Municipal Water District adopted the updated model plan on ________ ___, 201__. Sincerely, Thomas W. (Tom) Kula Executive Director North Texas Municipal Water District   Item 10 APPENDIX G ADOPTION OF WATER CONSERVATION PLAN Item 10 Ordinance No. 15-__, Page 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 15- __ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TITLE OF ARTICLE 13.05 OF CHAPTER 13, “UTILITIES,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, FROM “WATER CONSERVATION AND DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN” TO “WATER CONSERVATION PLAN AND WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN”; AMENDING SECTION 13.05.001, “PLAN ADOPTED,” OF ARTICLE 13.05, “WATER CONSERVATION PLAN AND WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN,” OF CHAPTER 13, “UTILITIES,” OF THE TOWN’S CODE OF ORDINANCES; AMENDING SECTION XVII, “WATER CONSERVATION AND ENFORCEMENT FEES,” OF APPENDIX A OF THE TOWN’S CODE OF ORDINANCES; ADOPTING A WATER CONSERVATION PLAN AND WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town of Prosper, Texas (the “Town”), recognizes that the amount of water available to its water customers is limited; and WHEREAS, the Town recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the Town cannot guarantee an uninterrupted water supply for all purposes at all times; and WHEREAS, the Texas Water Code and the regulations of the Texas Commission on Environmental Quality (the “Commission”) require that the Town adopt a Drought Contingency Plan; and WHEREAS, the Town has determined an urgent need in the best interests of the public to adopt a Drought Contingency Plan; and WHEREAS, pursuant to Chapters 51 and 54 of the Texas Local Government Code, the Town is authorized to adopt any such ordinances necessary to preserve and conserve its water resources; and WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), desires to adopt an updated Water Conservation Plan and Water Resource and Emergency Management Plan for the Town of Prosper as official Town policy for water conservation; and WHEREAS, the Town Council has investigated and determined that it will be advantageous and beneficial to the citizens of Prosper and will protect the public health, safety and welfare to adopt a drought contingency plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: Item 10 Ordinance No. 15-__, Page 2 SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, the title of Article 13.05, “Water Conservation and Drought Contingency and W ater Emergency Response Plan,” of Chapter 13, “Utilities,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to read “Water Conservation Plan and Water Resource and Emergency Management Plan. ” SECTION 2 From and after the effective date of this Ordinance, Section 13.05.01, “Plan Adopted,” of Article 13.05, “W ater Conservation Plan and Water Resource and Emergency Management Plan” of Chapter 13, “Utilities,” of the Town’s Code of Ordinances is amended to read as follows: “Sec. 13.05.001 Plan Adopted The Town Council hereby approves and adopts for the town, its citizens and water customers the new Water Conservation Plan and Water Resource and Emergency Management Plan (the “Plan”), attached to this Ordinance 15-__ as Exhibit A and incorporated herein for all purposes. A copy of this Ordinance and the Plan are available in the Town Secretary’s Office. ” SECTION 3 The Town Council hereby approves and adopts the Water Conservation Plan and Water Resource and Emergency Management Plan (the “Plan”) as modified for the Town of Prosper, attached hereto as Exhibit A, as if recited verbatim herein. The Town commits to implement the requirements and procedures set forth in the adopted Plan. SECTION 4 From and after the effective date of this Ordinance, Section XVII, “Water Conservation and Enforcement Fees,” of Appendix A to the Town’s Code of Ordinances is amended to read as follows: “Sec. XVII Water Conservation and Enforcement Fees Administrative Fees. Administrative fees for violations to the Town’s Water Conservation Plan and Water Resource and Emergency Management Plan shall be added to water account holders regular monthly Town utility bill as follows: First Offense Courtesy Tag Warning Second Offense Certified Letter notifying of violation Third Offense and Subsequent offenses $100 Fourth Offense and Subsequent offenses $300 Item 10 Ordinance No. 15-__, Page 3 Unpaid assessed administrative fees related to violations of water use restrictions under the Town Plan shall incur late payment penalties and may result in termination of water service.” SECTION 5 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 7 The Town Manger or his designee is hereby directed to file a copy of the Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas Administrative Code, as amended. SECTION 8 Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. The Town of Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 9 This Ordinance shall take effect and be in full force from and after its passage and publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule Charter of the Town of Prosper, Texas. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 12TH DAY OF MAY, 2015. APPROVED: ________________________________ Ray Smith, Mayor Item 10 Ordinance No. 15-__, Page 4 ATTEST: ___________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: __________________________________ Terrence S. Welch, Town Attorney Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 CHAPTER II WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN TOWN OF PROSPER Item 10 i TABLE OF CONTENTS 1. INTRODUCTION AND OBJECTIVES ..................................................................................... 1-1 2. DEFINITIONS ....................................................................................................................... 2-1 3. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ............................................ 3-1 4. WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN ............................................ 4-1 4.1 Provisions to Inform the Public and Opportunity for Public Input ................................. 4-1 4.2 Provisions for Continuing Public Education and Information ........................................ 4-1 4.3 Initiation and Termination of Water Resource and Emergency Management Stages .. 4-2 4.4 Procedures for Granting Variances to the Plan ............................................................ 4-12 4.5 Procedures for Enforcing Mandatory Water Use Restrictions ..................................... 4-13 4.6 Coordination with the Regional Water Planning Group and NTMWD ......................... 4-13 4.7 Review and Update of Water Resource and Emergency Managment Plan ................. 4-14 Item 10 1-1 1. INTRODUCTION AND OBJECTIVES This document has been prepared as a Model Water Resource and Emergency Management Plan, intended to be available for use by North Texas Municipal Water District (NTMWD) Member Cities and Customers as they develop their own plans. This model plan addresses all of the current TCEQ requirements for a drought contingency plan1 The measures included in this Model Water Resource and Emergency Management Plan are intended to provide short-term water savings during drought or emergency conditions. Water savings associated with ongoing, long-term strategies are discussed in the Model Water Conservation Plan for North Texas Municipal Water District Member Cities and Customers. . This model plan will replace the plans dated August 2004, April 2006 and March 2008. The March 2008 model plan shall continue to apply until such time that the drought contingency or water emergency response stage currently in effect under the March 2008 model plan terminates and a less restrictive stage is applicable. At such time, this model plan shall take effect, replacing the March 2008 model plan, and the appropriate water resource management stage as provided in this model plan shall be initiated. The purpose of this model Water Resource and Emergency Management plan is as follows: 2 • To conserve the available water supply in times of drought and emergency • To maintain supplies for domestic water use, sanitation, and fire protection • To protect and preserve public health, welfare, and safety • To minimize the adverse impacts of water supply shortages • To minimize the adverse impacts of emergency water supply conditions. The NTMWD supplies treated potable water to its Member Cities and Customers. This model plan was developed by NTMWD in consultation with its Member Cities and Customers. In order to adopt this model plan, each NTMWD Member City and Customer will need to adopt ordinance(s) or regulation(s) implementing the plan, including the determination of fines and enforcement procedures. The model plan calls for Member Cities and Customers to adopt water resource management stages initiated by NTMWD during a drought or water supply emergency. Member Cities and Customers may also adopt more stringent water resource management stages than NTMWD if conditions warrant. In the absence of drought response measures, water demands tend to increase during a drought due to increased outdoor irrigation. The severity of a drought depends on the degree of depletion of supplies Item 10 1-2 and on the relationship of demand to available supplies. The NTMWD considers a drought to end when all of its supply reservoirs refill to the conservation storage pool. 1 Superscripted numbers match references listed in Appendix A. Item 10 2-1 2. DEFINITIONS 1. AQUATIC LIFE means a vertebrate organism dependent upon an aquatic environment to sustain its lifei 2. ATHLETIC FIELD means a public sports competition field, the essential feature of which is turf grass, used primarily for organized sports practice, competition or exhibition events for schools, professional sports, or sanctioned league play . ii 3. COMMERCIAL FACILITY business or industrial buildings and the associated landscaping, but does not include the fairways, greens, or tees of a golf course . i. 4. COMMERCIAL VEHICLE WASH FACILITY means a permanently-located business that washes vehicles or other mobile equipment with water or water-based products, including but not limited to self-service car washes, full service car washes, roll-over/in-bay style car washes, and facilities managing vehicle fleets or vehicle inventoryi. 5. COOL SEASON GRASSES are varieties of turf grass that grow best in cool climates primarily in northern and central regions of the U.S. Cool season grasses include perennial and annual rye grass, Kentucky blue grass and fescues iii 6. CUSTOMERS include those entities to whom NTMWD provides water on a customer basis that are not members of NTMWD. . 7. DESIGNATED OUTDOOR WATER USE DAY means a day prescribed by rule on which a person is permitted to irrigate outdoorsi. 8. DRIP IRRIGATION is a type of micro-irrigation system that operates at low pressure and delivers water in slow, small drips to individual plants or groups of plants through a network of plastic conduits and emitters; also called trickle irrigation. iv i Definitions from City of Austin Water Conservation and Drought Contingency Ordinance adopted August 16, 2012. . http://www.austintexas.gov/sites/default/files/files/Water/Conservation/Planning_and_Policy/ProposedCodeRevision_DRAFT_ with_watering_schedule-8-15-2012.pdf ii Definition from City of San Antonio Water Conservation Ordinance adopted 2005. http://saws.org/conservation/ordinance/docs/Ch34_Ordinance_2009.pdf iii Definition developed by Freese and Nichols, Inc. Item 10 2-2 9. DROUGHT, for the purposes of this report, means an extended period of time when an area receives insufficient amounts of rainfall to replenish the water supply, causing water supply sources (in this case reservoirs) to be depletedv 10. EVAPOTRANSPIRATION abbreviated as ET represents the amount of water lost from plant material to evaporation and transpiration. The amount of ET can be estimated based on the temperature, wind, and relative humidityiii. . 11. ET/SMART CONTROLLERS are irrigation controllers that adjust their schedule and run times based on weather (ET) data. These controllers are designed to replace the amount of water lost to evapotranspirationiii. 12. EXECUTIVE DIRECTOR means the Executive Director of the North Texas Municipal Water District and includes a person the Director has designated to administer or perform any task, duty, function, role, or action related to this plan or on behalf of the Executive Directoriii. 13. FOUNDATION WATERING means an application of water to the soils directly abutting the foundation of a building structurei. 14. MEMBER CITIES include the cities of Allen, Farmersville, Forney, Frisco, Garland, McKinney, Mesquite, Plano, Princeton, Richardson, Rockwall, Royce City, and Wylie, Texas. 15. NEW LANDSCAPE means vegetation: installed at the time of the construction of a residential or commercial facility; installed as part of a governmental entity's capital improvement project; installed to stabilize an area disturbed by constructioni. 16. ORNAMENTAL FOUNTAIN means an artificially created structure (up to six feet in diameter) from which a jet, stream, valves and emission devices or flow of water emanates and is not typically utilized for the preservation of aquatic lifei. iv Amy Vickers: Handbook of Water Use and Conservation, Amherst Massachusetts, June 2002 v Freese and Nichols, Inc.: Water Conservation and Drought Contingency and Water Emergency Response Plan, prepared for North Texas Municipal Water District, Fort Worth, March 2008. Item 10 2-3 17. PERMANANTLY INSTALLED IRRIGATION SYSTEM means a custom-made, site-specific system of delivering water generally for landscape irrigation via a system of pipes or other conduits installed below groundi. 18. RAIN/FREEZE SENSOR means a device designed to stop the flow of water to an automatic irrigation system when rainfall or freeze event has been detectedii. 19. RECLAIMED WATER means reclaimed municipal wastewater that has been treated to a quality that meets or exceeds the minimum standards of the 30 Texas Administrative Code, Chapter 210 and is used for lawn irrigation, industry, or other non-potable purposesi. 20. SOAKER HOSE means a perforated or permeable garden-type hose or pipe that is laid above ground that provides irrigation at a slow and constant ratei. 21. SPRINKLER means an above-ground water distribution device that may be attached to a garden hosei 22. SWIMMING POOL means any structure, basin, chamber, or tank including hot tubs, containing an artificial body of water for swimming, diving, or recreational bathing, and having a depth of two (2) feet or more at any pointii. . 23. WATER RESOURCE MANAGEMENT PLAN means a strategy or combination of strategies for temporary supply management and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies required by Texas Administrative Code Title 30, Chapter 288, Subchapter B. This is sometimes called a drought contingency plani Item 10 3-1 3. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES The TCEQ rules governing development of drought contingency plans for public water suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 of the Texas Administrative Code, a current copy of which is included in Appendix B. For the purpose of these rules, a drought contingency plan is defined as “a strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies.”1 TCEQ’s minimum requirements for drought contingency plans are addressed in the following subsections of this report: Minimum Requirements • 288.20(a)(1)(A) – Provisions to Inform the Public and Provide Opportunity for Public Input – Section 4.1 • 288.20(a)(1)(B) – Provisions for Continuing Public Education and Information – Section 4.2 • 288.20(a)(1)(C) – Coordination with the Regional Water Planning Group – Section 4.6 • 288.20(a)(1)(D) – Criteria for Initiation and Termination of Water Resource Management Stages – Section 4.3 • 288.20(a)(1)(E) – Water Resource Management Stages – Section 4.3 • 288.20(a)(1)(F) – Specific, Quantified Targets for Water Use Reductions – Section 4.3 • 288.20(a)(1)(G) – Water Supply and Demand Management Measures for Each Stage – Section 4.3 • 288.20(a)(1)(H) – Procedures for Initiation and Termination of Water Resource Management Stages – Section 4.3 • 288.20(a)(1)(I) - Procedures for Granting Variances – Section 4.4 • 288.20(a)(1)(J) - Procedures for Enforcement of Mandatory Restrictions – Section 4.5 • 288.20(a)(3) – Consultation with Wholesale Supplier – Sections 1, 4.2, and 4.3 • 288.20(b) – Notification of Implementation of Mandatory Measures – Section 4.3 • 288.20(c) – Review and Update of Plan – Section 4.7 Item 10 4-1 4. WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN 4.1 PROVISIONS TO INFORM THE PUBLIC AND OPPORTUNITY FOR PUBLIC INPUT Member Cities and Customers will provide opportunity for public input in the development of this Water Resource and Emergency Management Plan by the following means: • Providing written notice of the proposed plan and the opportunity to comment on the plan by newspaper, posted notice, and notice on the supplier’s web site (if available). • Making the draft plan available on the supplier’s web site (if available). • Providing the draft plan to anyone requesting a copy. • Holding a public meeting. 4.2 PROVISIONS FOR CONTINUING PUBLIC EDUCATION AND INFORMATION Member Cities and Customers will inform and educate the public about the Water Resource and Emergency Management Plan by the following means: • Preparing a bulletin describing the plan and making it available at town hall and other appropriate locations. • Making the plan available to the public through the supplier’s web site (if available). • Including information about the Water Resource and Emergency Management Plan on the supplier’s web site (if available). • Notifying local organizations, schools, and civic groups that staff are available to make presentations on the Water Resource and Emergency Management Plan (usually in conjunction with presentations on water conservation programs). • At any time that the Water Resource and Emergency Management Plan is activated or the Water Resource and Emergency Management Plan changes, Member Cities and Customers will notify local media of the issues, the water resource management stage (if applicable), and the specific actions required of the public. The information will also be publicized on the supplier’s web site (if available). Billing inserts will also be used as appropriate. Item 10 4-2 4.3 INITIATION AND TERMINATION OF WATER RESOURCE AND EMERGENCY MANAGEMENT STAGES The Town Manager, Mayor, or official designee may order the implementation of a water resource management stage when one or more of the trigger conditions for that stage is met. The following actions will be taken when a water resource management stage is initiated: Initiation of a Water Resource Management Stage • The public will be notified through local media and the supplier’s web site (if available) as described in Section 4.2. • Wholesale customers (if any) and the NTMWD will be notified by e-mail with a follow-up letter or fax that provides details of the reasons for initiation of the water resource management stage. • If any mandatory provisions of the Water Resource and Emergency Management Plan are activated, Member Cities and Customers will notify the Executive Director of the TCEQ and the Executive Director of the NTMWD within 5 business days. • Water Resource and Emergency Management Plan stages imposed by NTMWD action must be initiated by Member Cities and Customers. • For other trigger conditions internal to a city or water supply entity, the Town Manager, Mayor, or official designee may decide not to order the implementation of a water resource management stage or water emergency even though one or more of the trigger criteria for the stage are met. Factors which could influence such a decision include, but are not limited to, the time of the year, weather conditions, the anticipation of replenished water supplies, or the anticipation that additional facilities will become available to meet needs. The reason for this decision should be documented. The Town Manager, Mayor, or official designee may order the termination of a water resource management stage when the conditions for termination are met or at their discretion. The following actions will be taken when a water resource management stage is terminated: Termination of a Water Resource Management Stage • The public will be notified through local media and the supplier’s web site (if available) as described in Section 4.2. Item 10 4-3 • Wholesale customers (if any) and the NTMWD will be notified by e-mail with a follow-up letter or fax. • If any mandatory provisions of the Water Resource and Emergency Management plan that have been activated are terminated, Member Cities and Customers will notify the Executive Director of the TCEQ and the Executive Director of the NTMWD within 5 business days. The Town Manager, Mayor, or official designee may decide not to order the termination of a water resource management stage even though the conditions for termination of the stage are met. Factors which could influence such a decision include, but are not limited to, the time of the year, weather conditions, or the anticipation of potential changed conditions that warrant the continuation of the water resource management stage. The reason for this decision should be documented. Item 10 4-4 Stage 1 Water Resource and Emergency Management Plan Stages and Measures • The NTMWD has initiated Stage 1, which may be initiated due to one or more of the following: Initiation and Termination Conditions for Stage 1 o The NTMWD Executive Director, with the concurrence of the NTMWD Board of Directors, finds that conditions warrant the declaration of Stage 1. o Water demand is projected to approach the limit of the permitted supply. o The storage in Lavon Lake is less than 55 percent of the total conservation pool capacity. o NTMWD’s storage in Jim Chapman Lake is less than 55 percent of NTMWD’s total conservation pool capacity. o The Sabine River Authority has indicated that its Upper Basin water supplies used by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Mild drought. o NTMWD has concern that Lake Texoma, the East Fork Raw Water Supply Project, or some other NTMWD source may be limited in availability in the next 6 months. o NTMWD water demand exceeds 95 percent of the amount that can be delivered to customers for three consecutive days. o NTMWD water demand for all or part of the delivery system equals delivery capacity because delivery capacity is inadequate. o NTMWD’s supply source becomes contaminated. o Supply source is interrupted or unavailable due to invasive species. o NTMWD’s water supply system is unable to deliver water due to the failure or damage of major water system components. • Supplier’s water demand exceeds 95 percent of the amount that can be delivered to customers for three consecutive days. • Supplier’s water demand for all or part of the delivery system equals delivery capacity because delivery capacity is inadequate. • Supply source becomes contaminated. Item 10 4-5 • Supplier’s water supply system is unable to deliver water due to the failure or damage of major water system components. • Supplier’s individual plan may be implemented if other criteria dictate. Stage 1 may terminate when NTMWD terminates its Stage 1 condition or when the circumstances that caused the initiation of Stage 1 no longer prevail. The goal for water use reduction under Stage 1 is a five percent (5%) reduction in the amount of water produced by NTMWD from the previous annual payment period prior to drought restrictions. Goal for Use Reduction and Actions Available under Stage 1 If circumstances warrant or if required by NTMWD, the Town Manager, Mayor, or official designee can set a goal for greater or lesser water use reduction. • Continue actions in the water conservation plan. Town Manager, Mayor, or official designee may order the implementation of any or all of the actions listed below, as deemed necessary to achieve a five percent reduction. Measures described as “requires notification to TCEQ” impose mandatory requirements on customers. The supplier must notify TCEQ and NTMWD within five business days if these measures are implemented: • Notify wholesale customers of actions being taken and request them to implement similar procedures. • Initiate engineering studies to evaluate alternatives should conditions worsen. • Further accelerate public education efforts on ways to reduce water use. • Halt non-essential city government water use. (Examples include street cleaning, vehicle washing, operation of ornamental fountains, etc.) • Encourage the public to wait until the current drought or emergency situation has passed before establishing new landscaping. • All users are encouraged to reduce the frequency of draining and refilling swimming pools. • Requires Notification to TCEQ – Limit landscape watering with sprinklers or irrigation systems at each service address to no more than two days per week on designated days between April 1 – October 31. Zone I will be permitted to water on Monday and Thursday. Zone II will be permitted to water on Wednesday and Saturday. Zone III will be permitted to water on Tuesday and Friday. Limit landscape watering with sprinklers or irrigation Item 10 4-6 systems at each service address to once every week on designated days between November 1 – March 31. Zone I will be permitted to water on Monday. Zone II will be permitted to water on Wednesday. Zone III will be permitted to water on Friday. Exceptions are as follows: o An exception is allowed for landscape associated with new construction that may be watered as necessary for 30 days from the installation of new landscape features. o An exception for additional watering of landscape may be provided by hand held hose with shutoff nozzle, use of dedicated irrigation drip zones, and/or soaker hose provided no runoff occurs. o Foundations, new landscaping, new plantings (first year) of shrubs, and trees (within a ten foot radius of its trunk) may be watered by a hand-held hose, a soaker hose, or a dedicated zone using a drip irrigation system provided no runoff occurs. • Requires Notification to TCEQ - Initiate a rate surcharge for all water use over a certain level. • Requires Notification to TCEQ – Landscape watering of parks, golf courses and athletic fields using potable water are required to meet the same reduction goals and measures outlined in this stage. Exception for golf course greens and tee boxes which may be hand watered as needed. Item 10 4-7 Stage 2 • The NTMWD has initiated Stage 2, which may be initiated due to one or more of the following: Initiation and Termination Conditions for Stage 2 o The NTMWD Executive Director, with the concurrence of the NTMWD Board of Directors, finds that conditions warrant the declaration of Stage 2. o Water demand is projected to approach or exceed the limit of the permitted supply. o The storage in Lavon Lake is less than 45 percent of the total conservation pool capacity. o NTMWD’s storage in Jim Chapman Lake is less than 45 percent of NTMWD’s total conservation pool capacity. o The Sabine River Authority has indicated that its Upper Basin water supplies used by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Moderate drought. (Measures required by SRA under a Moderate drought designation are similar to those under NTMWD’s Stage 2.) o The supply from Lake Texoma, the East Fork Raw Water Supply Project, or some other NTMWD source has become limited in availability within the next 3 months. o NTMWD water demand exceeds 98 percent of the amount that can be delivered to customers for three consecutive days. o NTMWD water demand for all or part of the delivery system exceeds delivery capacity because delivery capacity is inadequate. o NTMWD’s supply source becomes contaminated. o NTMWD’s water supply system is unable to deliver water due to the failure or damage of major water system components. • Supplier’s water demand exceeds 98 percent of the amount that can be delivered to customers for three consecutive days. • Supplier’s water demand for all or part of the delivery system exceeds delivery capacity because delivery capacity is inadequate. • Supply source becomes contaminated. • Supply source is interrupted or unavailable due to invasive species. Item 10 4-8 • Supplier’s water supply system is unable to deliver water due to the failure or damage of major water system components. • Supplier’s individual plan may be implemented if other criteria dictate. • Stage 2 may terminate when NTMWD terminates its Stage 2 condition or when the circumstances that caused the initiation of Stage 2 no longer prevail. The goal for water use reduction under Stage 2 is a reduction of ten percent (10%) in the amount of water obtained from NTMWD from the previous annual payment period prior to drought restrictions. Goals for Use Reduction and Actions Available under Stage 2 If circumstances warrant or if required by NTMWD, the Town Manager, Mayor, or official designee can set a goal for greater or lesser water use reduction. • Continue or initiate any actions available under Stage 1. The Town Manager, Mayor, or official designee may order the implementation of any or all of the actions listed below, as deemed necessary to achieve a ten percent reduction. Measures described as “requires notification to TCEQ” impose mandatory requirements on customers. The supplier must notify TCEQ and NTMWD within five business days if these measures are implemented: • Notify wholesale customers of actions being taken and request them to implement similar procedures. • Implement viable alternative water supply strategies. • All users are encouraged to reduce the frequency of draining and refilling swimming pools. • Requires Notification to TCEQ – Limit landscape watering with sprinklers or irrigation systems at each service address to once per week on designated days between April 1 – October 31. Zone I will be permitted to water on Monday. Zone II will be permitted to water on Wednesday. Zone III will be permitted to water on Friday. Limit landscape watering with sprinklers or irrigation systems at each service address to once every other week on designated days between November 1 – March 31. Zone I will be permitted to water on Monday on second and fourth weeks only. Zone II will be permitted to water on Wednesday on second and forth weeks only. Zone III will be permitted to water on Friday on second and fourth weeks only. Exceptions are as follows: o New construction may be watered as necessary for 30 days from the date of the installation of new landscape features. Item 10 4-9 o Foundations, new plantings (first year) of shrubs, and trees (within a ten foot radius of its trunk) may be watered for up to two hours on any day by a hand-held hose, a dedicated zone using a drip irrigation system and/or soaker hose provided no runoff occurs. o Public athletic fields used for competition may be watered twice per week. o Locations using alternative sources of water supply only for irrigation may irrigate without day of the week restrictions provided proper signage is employed. However, irrigation using alternative sources of supply is subject all other restrictions applicable to this stage. If the alternative supply source is a well, proper proof of well registration with the North Texas Groundwater Conservation District or Red River Ground Water Conservation District is required. Other sources of water supply may not include imported treated water. o Hand watering with shutoff nozzle, drip lines, and soaker hoses is allowed before 10 am and after 6 pm provided no runoff occurs. • Requires Notification to TCEQ – Prohibit hydro seeding, hydro mulching, and sprigging. • Requires Notification to TCEQ - Initiate a rate surcharge as requested by NTMWD. • Requires Notification to TCEQ - Initiate a rate surcharge for all water use over a certain level. • Requires Notification to TCEQ – If NTMWD has imposed a reduction in water available to Member Cities and Customers, impose the same percent reduction on wholesale customers. • Requires Notification to TCEQ – Landscape watering of parks and golf courses using potable water are required to meet the same reduction goals and measures outlined in this stage. Exception for golf course greens and tee boxes which may be hand watered as needed. Item 10 4-10 Stage 3 • The NTMWD has initiated Stage 3, which may be initiated due to one or more of the following: Initiation and Termination Conditions for Stage 3 o The NTMWD Executive Director, with the concurrence of the NTMWD Board of Directors, finds that conditions warrant the declaration of Stage 3. o Water demand is projected to approach or exceed the limit of the permitted supply. o The storage in Lavon Lake is less than 35 percent of the total conservation pool capacity. o NTMWD’s storage in Jim Chapman Lake is less than 35 percent of NTMWD’s total conservation pool capacity. o The Sabine River Authority has indicated that its Upper Basin water supplies used by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Severe drought or Emergency. o The supply from Lake Texoma, the East Fork Raw Water Supply Project, or some other NTMWD source has become severely limited in availability. o NTMWD water demand exceeds the amount that can be delivered to customers. o NTMWD water demand for all or part of the delivery system seriously exceeds delivery capacity because the delivery capacity is inadequate. o NTMWD’s supply source becomes contaminated. o NTMWD’s water supply system is unable to deliver water due to the failure or damage of major water system components. • Supplier’s water demand exceeds the amount that can be delivered to customers. • Supplier’s water demand for all or part of the delivery system seriously exceeds delivery capacity because the delivery capacity is inadequate. • Supply source becomes contaminated. • Supplier’s water supply system is unable to deliver water due to the failure or damage of major water system components. • Supplier’s individual plan may be implemented if other criteria dictate. • Stage 3 may terminate when NTMWD terminates its Stage 3 condition or when the circumstances that caused the initiation of Stage 3 no longer prevail. Item 10 4-11 The goal for water use reduction under Stage 3 is a reduction of whatever amount is necessary in the amount of water obtained from NTMWD from the previous annual payment period prior to drought restrictions. Goals for Use Reduction and Actions Available under Stage 3 If circumstances warrant or if required by NTMWD, the Town Manager, Mayor, or official designee can set a goal for greater or lesser water use reduction. The Town Manager, Mayor, or official designee may order the implementation of any or all of the actions listed below, as deemed necessary. Measures described as “requires notification to TCEQ” impose mandatory requirements on member cities and customers. The supplier must notify TCEQ and NTMWD within five business days if these measures are implemented. • Continue or initiate any actions available under Stages 1, and 2. • Notify wholesale customers of actions being taken and request them to implement similar procedures. • Implement viable alternative water supply strategies. • Requires Notification to TCEQ – Initiate mandatory water use restrictions as follows: o Hosing and washing of paved areas, buildings, structures, windows or other surfaces is prohibited except by variance and performed by a professional service using high efficiency equipment. o Prohibit operation of ornamental fountains or ponds that use potable water except where supporting aquatic life or water quality. • Requires Notification to TCEQ – Prohibit new sod, hydro seeding, hydro mulching, and sprigging. • Requires Notification to TCEQ – Prohibit the use of potable water for the irrigation of new landscaping. • Requires Notification to TCEQ – Prohibit all commercial and residential landscape watering, except that foundations and trees (within a ten foot radius of its trunk) may be watered for two hours one day per week with a hand-held hose, a dedicated zone using a drip irrigation system and/or soaker hose provided no runoff occurs. ET/Smart irrigation systems and drip irrigation systems are not • Requires Notification to TCEQ – Prohibit washing of vehicles except at commercial vehicle wash facilities. exempt from this requirement. Item 10 4-12 • Requires Notification to TCEQ – Landscape watering of parks, golf courses, and athletic fields with potable water is prohibited. Exception for golf course greens and tee boxes which may be hand watered as needed. Variances may be granted by the water provider under special circumstances. • Requires Notification to TCEQ – Prohibit the filling, draining and refilling of existing swimming pools, wading pools, Jacuzzi and hot tubs except to maintain structural integrity, proper operation and maintenance or to alleviate a public safety risk. Existing pools may add water to replace losses from normal use and evaporation. Permitting of new swimming pools, wading pools, Jacuzzi and hot tubs is prohibited. • Requires Notification to TCEQ – Prohibit the operation of interactive water features such as water sprays, dancing water jets, waterfalls, dumping buckets, shooting water cannons, or splash pads that are maintained for public recreation. • Requires Notification to TCEQ – Require all commercial water users to reduce water use by a percentage established by the Town Manager, Mayor, or official designee. • Requires Notification to TCEQ – If NTMWD has imposed a reduction in water available to Member Cities and Customers, impose the same percent reduction on wholesale customers. • Requires Notification to TCEQ - Initiate a rate surcharge for all water use over normal rates for all water use. 4.4 PROCEDURES FOR GRANTING VARIANCES TO THE PLAN The Town Manager, Mayor, or official designee may grant temporary variances for existing water uses otherwise prohibited under this Water Resource and Emergency Management Plan if one or more of the following conditions are met: • Failure to grant such a variance would cause an emergency condition adversely affecting health, sanitation, or fire safety for the public or the person or entity requesting the variance. • Compliance with this plan cannot be accomplished due to technical or other limitations. • Alternative methods that achieve the same level of reduction in water use can be implemented. Item 10 4-13 • Variances shall be granted or denied at the discretion of the Town Manager, Mayor, or official designee. All petitions for variances should be in writing and should include the following information: o Name and address of the petitioners o Purpose of water use o Specific provisions from which relief is requested o Detailed statement of the adverse effect of the provision from which relief is requested o Description of the relief requested o Period of time for which the variance is sought o Alternative measures that will be taken to reduce water use o Other pertinent information. 4.5 PROCEDURES FOR ENFORCING MANDATORY WATER USE RESTRICTIONS Mandatory water use restrictions may be imposed in Stage 1, Stage 2 and Stage 3 Water Resource and Emergency Management Plan stages. The penalties associated with the mandatory water use restrictions will be determined by each entity. Appendix D contains the Town of Prosper draft ordinance to be adopted by the Town Council regarding the water resource and emergency management plan, including enforcement of same. 4.6 COORDINATION WITH THE REGIONAL WATER PLANNING GROUP AND NTMWD Appendix C includes a copy of a letter sent to the Chairs of the Region C Water Planning Group and the North East Texas Water Planning Group with this model Water Resource and Emergency Management plan. The suppliers will send a draft of its ordinance(s) or other regulation(s) implementing this plan to NTMWD for their review and comment. The supplier will also send the final ordinance(s) or other regulation(s) to NTMWD. Item 10 4-14 4.7 REVIEW AND UPDATE OF WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN As required by TCEQ rules, Member Cities and Customers must review the Water Resource and Emergency Management plan every five years. The plan will be updated as appropriate based on new or updated information. Item 10 Stage 1           Stage 1           Stage 2           Stage 2           Stage 3(April 1 –Oct. 31)(Nov. 1 –March 31)(April 1 –Oct. 31)(Nov. 1 –March 31)TUES & FRI FRIDAY FRIDAY FRIDAY NO WATERING(2nd& 4thWeeks)WED&SATWEDNESDAYWEDNESDAYWEDNESDAYNOWATERINGWED & SATWEDNESDAY       WEDNESDAYWEDNESDAYNO WATERING(2nd& 4thWeeks)MON & THUR        MONDAY              MONDAY MONDAY NO WATERING(2nd& 4thWeeks)Item 10 Page 1 of 1 To: Mayor and Town Council From: Kim Galvin, Interim Director of Finance Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – May 12, 2015 Agenda Item: Consider and take action on a resolution directing the Town Secretary to publish notice of intent to issue Combination Tax and Surplus Revenue Certificates of Obligation for the purpose of funding costs of public safety and street projects in the Town. Description of Agenda Item: The attached resolution initiates the process of issuing certificates of obligation for the projects specified. The timeline, included as an attachment, outlines the bond issue process. Budget Impact: The principal amount of the bonds issued are not to exceed $8.6 million as stated in the attached resolution and notice of intent. Legal Obligations and Review: Dan Culver of McCall, Parkhurst and Horton, the Town’s bond counsel, prepared the Resolution. Attached Documents: 1. Resolution 2. Notice of Intent for Publication 3. Timeline Town Staff Recommendation: Town staff recommends approval of the resolution providing for publication of notice of intent to issue certificates of obligation to finance the obligations associated with the aforementioned projects. Proposed Motion: I move to approve the resolution providing for publication of notice of intent to issue certificates of obligation to finance the obligations associated with the aforementioned projects. Prosper is a place where everyone matters. FINANCE Item 11 CERTIFICATE REGARDING ADOPTION OF RESOLUTION THE STATE OF TEXAS § COUNTY OF COLLIN § TOWN OF PROSPER § We, the undersigned officers of the Town, hereby certify as follows: 1. The Town Council of the Town convened in REGULAR MEETING ON THE 12TH DAY OF MAY, 2015, at the Town Hall, and the roll was called of the duly constituted officers and members of the Town Council, to-wit: Ray Smith, Mayor Meigs Miller, Mayor Pro-Tem Kenneth Dugger, Deputy Mayor Pro-Tem Mike Davis Jason Dixon Michael Korbuly Curry Vogelsang, Jr. Robyn Battle, Town Secretary and all of said persons were present, except the following absentee: , thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND SURPLUS REVENUE CERTIFICATES OF OBLIGATION was duly introduced for the consideration of the Town Council. It was then duly moved and seconded that said Resolution be adopted and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried by the following vote: AYES: All members of the Town Council shown present above voted "Aye," except as shown below: NOES: ABSTAIN: 2. That a true, full and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said Town Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from the Town Council's minutes of said Meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the Town Council as indicated therein; that each of the officers and members of the Town Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for adoption at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. Item 11 3. That the Mayor of the Town has approved and hereby approves the aforesaid Resolution; that the Mayor and the Town Secretary of the Town have duly signed said Resolution; and that the Mayor and the Town Secretary of the Town hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED this, the 12th day of May, 2015. _________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary Item 11 TOWN OF PROSPER, TEXAS RESOLUTION NO. 15-__ RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND SURPLUS REVENUE CERTIFICATES OF OBLIGATION THE STATE OF TEXAS § COUNTY OF COLLIN § TOWN OF PROSPER § WHEREAS, this Town Council deems it advisable to give notice of intention to issue certificates of obligation of the Town of Prosper, Texas, as hereinafter provided; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was passed was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER: 1. Attached hereto is a form of the Notice of Intention to issue Certificates of Obligation, the form and substance of which is hereby adopted and approved. 2. The Town Secretary shall cause said notice to be published in substantially the form attached hereto, in a newspaper of general circulation in the Town, and published in the Town, on the same day in each of two consecutive weeks, the date of the first publication thereof to be at least 30 days prior to the time set for the adoption of the ordinance authorizing the issuance of such certificates of obligation as shown in said notice. 3. This Resolution shall become effective immediately upon adoption. Item 11 TOWN OF PROSPER, TEXAS NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND SURPLUS REVENUE CERTIFICATES OF OBLIGATION The Town of Prosper does hereby give notice of intention to issue one or more series of combination tax and surplus revenue certificates of obligation (the “Certificates”), in the maximum principal amount not to exceed $8,600,000 for paying all or a portion of the Town's contractual obligations incurred in connection with (i) construction and equipping of a fire station and the acquisition and installation of a public safety radio system, (ii) constructing, improving, extending, expanding, upgrading and developing streets and roads, bridges and intersections including, utility relocation, landscaping, sidewalks, traffic safety and operational improvements, installation of median lighting, the purchase of any necessary right-of-way, drainage and other related costs and (iii) paying legal, fiscal, engineering and architectural fees in connection with these projects. The Town proposes to adopt an ordinance that will provide for the Certificates to be secured by a pledge of funds received from the levy and collection of ad valorem taxes in the Town, as provided by law, and from a pledge of the surplus net revenues of the Town's water and sewer system (the "System") that remain after payment of all operation and maintenance expenses thereof, and after all debt service, reserve, and other requirements in connection with all revenue bonds or other obligations (now or hereafter outstanding) of the Town have been met, to the extent that such obligations are payable from all or any part of the net revenues of the System. The Town Council intends to consider for passage at a meeting to be held at 6:00 P.M. on July 14, 2015, at the Prosper Municipal Chambers, 108 W. Broadway, Prosper, Texas, an ordinance authorizing the issuance of Combination Tax and Surplus Revenue Certificates of Obligation. TOWN OF PROSPER, TEXAS By: /s/ Ray Smith, Mayor Item 11 S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 1 2 3 4 5 6 1 2 3 4 1 3 4 5 6 7 8 9 7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8 #11 12 13 14 15 16 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 #18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 #25 26 27 28 29 30 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 #30 31 CompleteBy Day Event 11-May-15 Monday First Southwest receives requested information. First Southwest begins preparation of the Official Statement 12-May-15 Tuesday Town Council approved publication of Notice of Intent for the Certificates. Publication will occur in the Town's paper of record. 18-May-15 Monday Draft Official Statement distributed to the Town and Bond Counsel 20-May-15 Wednesday 1st Notice of Intent published for Certificates 26-May-15 Tuesday First Southwest receives comments on Official Statement 27-May-15 Wednesday 2nd Notice of Intent published for Certificates 1-Jun-15 Monday Distribute POS to Rating Agency 22-Jun-15 Monday Rating Conference Calls 3:00 PM Rating Call with Standard and Poor's 4:00 PM Rating Call with Moody's 29-Jun-15 Monday Receive Rating 30-Jun-15 Tuesday Electronically mail Official Statement to Potential Purchasers 14-Jul-15 Tuesday Pricing 14-Jul-15 Tuesday Town Council passes Ordinance authorizing issuance of the Bonds and Certificates 13-Aug-15 Thursday Closing and Delivery of Funds to the Town Town of Prosper, TX Series 2015 Issuance 5/1/2015 Acct #0643-013 Preliminary Schedule of Events May-15 Aug-15Jul-15Jun-15 Item 11 Page 1 of 3 To: Mayor and Town Council From: Kim Galvin, Interim Director of Finance Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – May 12, 2015 Agenda Item: Consider and act upon an ordinance amending the FY 2014-2015 budget allocating $107,521 from fund balance in the General Fund to Inspections and Municipal Court, as outlined in the attachment, to fund increasing building rental expense, reclassifying a current part-time Court Clerk to full-time, adding a new full-time Plans Examiner, and continuing the use of the professional services of Bureau Veritas North America, Inc., related to third-party building permit plan review and inspection services. Description of Agenda Item: Plans Examiner position: The purpose of this request is to add an additional Plans Examiner to assist with the increase in single family permitting activity. Currently, the Building Inspection Division relies on the services of one Plans Examiner to review all residential plans and permits to ensure compliance with the Building Codes, the Zoning Ordinance and applicable Planned Development requirements. Since 2011, the number of single-family permits for new construction has increased by 34%, but the staffing level for Plan Review has remained constant. In addition to reviewing plans for new homes, the Plans Examiner is also responsible for reviewing plans for swimming pools, accessory structures, fences, and signs. In order to maintain an acceptable level of service by reviewing and approving plans within ten (10) business days, the Plans Examiner must work overtime. To date, the staff person has worked 189 hours in overtime since October 1, 2014. Upon approval of the budget adjustment, staff anticipates the hiring of a Plans Examiner on or after July 1, 2015. The estimated cost for the remaining three months in this fiscal year is $26,964.00. This includes salary, benefits, training, computer, phone, data network, and furniture. In order for the two Plans Examiners to work in the same office area, they will relocate to the Director of Development Services’ office with the required plan review furniture. The Director will relocate to another area within the Department. Full year funding for this position, excluding the one-time expenses for the new office and IT equipment is estimated at $80,918.00. Prosper is a place where everyone matters. FINANCE Item 12 Page 2 of 3 Continued Use of the Professional Services of Bureau Veritas North America, Inc.: The purpose of this request is to fund the services of Bureau Veritas North America, Inc. (BVNA) for the remainder of the fiscal year. During this fiscal year, staff transferred $25,000 within the Building Inspections Division budget to acquire the services of BVNA to assist with commercial construction plan review and inspections in the Town and residential inspections of new homes being constructed in the western sector of the Town. With the recent addition of a fifth inspector, the “Inspections” section of the Division is reasonably staffed to respond to the ±230 inspections per day for the remainder of the fiscal year. Therefore, the Inspections staff recently took back the residential inspections from BVNA and now conducts all residential inspections. Developers and contractors have indicated to staff that the following nonresidential projects are scheduled to submit building permits by September 30, 2015: Kroger-NEC Preston Rd/Prosper Trail Luke Brown Office buildings Medical-General Office buildings – SWC Proper Trail/Coit Windsong Ranch Multi-Family Fire Station #2 – Teel Pkwy Windsong Ranch Elementary School – Fish Trap Rd Racetrac – NWC US 380/Gee Rd Retail building and Valero – NWC US 380/La Cima Texas Health Resources – NEC US 380/Mahard Pettis Office building – NWC First/Church These and other miscellaneous developments represent approximately 718,000 sq. ft. of new construction. With the exception of the construction of Fire Station #2, which will be reviewed and inspected by Town staff, these facilities will require the plan review and inspection services of BVNA to ensure the projects receive timely services. In order to fund BVNA’s work on these projects and on-going miscellaneous finish-outs, $240,225.00 is needed for the remainder of FY 2014-2015. BVNA bills the Town for the full amount for plan review and inspections at the beginning of the project. Per our adopted commercial permit fee schedule, we anticipate collecting $117,729.00 in permit fees for these projects. Building Rental Expense: The purpose of this request is to fund increased rental expense for the building currently utilized by the Municipal Court, Police Department, and the Town Council. Rental expense and utility cost reimbursement will be increased by approximately $900 per month. Additionally, this request will fund prior year utility reimbursements. Funding for the period June 2015 – September 2015 will be approximately $6,400. Part-time Court Clerk to Full-time: The purpose of this request is to reclassify a part-time court clerk to a full-time position. With the current staffing level, it is extremely difficult for the court to remain open consistently during posted hours of operation (M-F, 8:30 a.m. to 5:00 p.m. with no lunch closure). With only one full- time employee, unexpected and scheduled absences negatively impacts the court’s ability to continue public court services and ensure related revenue collection without interruption. Item 12 Page 3 of 3 As the only full-time employee of the court, the court administrator must serve as both the court clerk and the court administrator. In addition, the court administrator serves as the building receptionist resulting in the inadvertent duties of room scheduling, addressing building conflicts, and related building maintenance and cleaning issues. The court administrator currently works in excess of 50 hours each week because administrator duties must be performed after the close of business each day as court clerk duties command regular business hours. Reclassifying the part-time court clerk position to a full-time position will provide the court administrator the opportunity to focus on administration demands during normal business hours, develop ways to improve court services, and ensure superb customer service levels on a consistent basis. Additionally, this reclassification will improve employee morale, relieve stress, and support a work-life balance for these essential Town staff members. Upon approval of the budget adjustment, staff anticipates reclassifying the part-time court clerk as soon as it is practical. The estimated costs for the remaining four and a half months of this fiscal year are $13,950. This cost estimate includes salary and benefits. Full year funding for salary and benefits for this positon is estimated at $50,500. Budget Impact: The General Fund revenues will increase by approximately $180,000 and expenditures will increase $287,521, for a net fund balance impact of $107,521. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P. reviewed and approved the budget amendment ordinance as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town staff recommends approval of the budget amendment ordinance to fund increased building rental expense, reclassify a Court Clerk, fund a new full-time Plans Examiner, and fund the continued use of the professional services of Bureau Veritas North America, Inc., related to third-party building permit plan review and inspection services. Proposed Motion: I move to approve the budget amendment ordinance with a net budget impact of $107,521 to fund increased building rental expense, reclassify a Court Clerk, fund a new full-time Plans Examiner, and fund the continued use of the professional services of Bureau Veritas North America, Inc., related to third-party building permit plan review and inspection services. Item 12 TOWN OF PROSPER, TEXAS ORDINANCE NO. 15-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ORDINANCE NO. 14-67 (FY 2014-2015 BUDGET) AND ALLOCATING FUNDS TO FUND INCREASED BUILDING EXPENSE, RECLASSIFY A COURT CLERK POSITION TO FULL TIME, ESTABLISH A FULL TIME PLANS EXAMINER POSITION, AND FUND THIRD PARTY PROFESSIONAL BUILDING PERMIT PLAN REVIEW AND INSPECTION SERVICES IN THE GENERAL FUND BUDGET; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”) has investigated and determined that it will be beneficial and advantageous to the residents of the Town of Prosper, Texas (“Prosper”) to amend Ordinance No. 14-67 (FY 2014-2015 Budget) for the purpose of funding increased building rental, modifying staffing levels and providing professional services; and, WHEREAS, the changes will result in fund balance being allocated to General Fund departments. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendment to Ordinance No. 14-67_ (FY 2014-2015 Budget). Ordinance No. 14-67 (FY 2014-2015 Budget) is hereby amended to allow for increases to revenues and appropriations as shown in Exhibit “A,” attached hereto and incorporated herein. SECTION 3 Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4 Severability. Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. Item 12 Ordinance No. 15-__, Page 2 SECTION 5 Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 12TH DAY OF MAY 2015. TOWN OF PROSPER, TEXAS Ray Smith, Mayor ATTEST TO: Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: ________________________________ Terrence S. Welch, Town Attorney Item 12 Exhibit A Fund-Dept Object Object Description Cost Revenue 10-80 4210 Building Permit Revenue (180,000)$ Expenditures 10-70 Total Municipal Court 20,350 10-80 Total Inspections 267,171 Net Impact to Fund Balance 107,521$ General Fund Fund-Dept Object Object Description Cost Court Clerk 10-70 5110 Salaries & Wages 7,750$ 10-70 5115 Overtime 550 10-70 5140 Longevity 10-70 5143 Cell Phone Allowance 10-70 5145 FICA - SSA 550 10-70 5150 FICA - MEDICARE 150 10-70 5155 TWC Tax (SUTA Expense)200 10-70 5160 Ee Health 3,350 10-70 5165 Ee Dental 150 10-70 5170 Life/AD&D (Hartford)100 10-70 5173 Life/AD&D (Hartford)50 10-70 5175 TML 50 10-70 5180 TMRS 1,000 10-70 5185 STD/LTD (Hartford)50 Court-Council Building Lease 10-70 5310 Rental Expense 6,400 Total Impact To Municipal Court 20,350.00$ Municipal Court Fund-Dept Object Object Description Cost Plans Examiner 10-80 5110 Salaries & Wages 14,875$ 10-80 5143 Cell Phone Allowance 90 10-80 5145 FICA - SSA 922 10-80 5150 FICA - MEDICARE 216 10-80 5155 TWC Tax (SUTA Expense)15 10-80 5160 Ee Health 2,661 10-80 5165 Ee Dental 97 10-80 5170 Life/AD&D (Hartford)77 10-80 5175 TML 37 10-80 5180 TMRS 1,562 10-80 5185 STD/LTD (Hartford)60 10-80 5220 Office Equipment-Furniture-PC 5,100 10-80 5230 Dues, Fees & Subscriptions 300 10-80 5400 Uniform 320 10-80 5520 Telephone & Voicemail 415 10-80 5526 Data Network Drop 200 Buena Vista Services 10-80 5410 Professional Services 240,225 Total Impact to Inspections 267,171$ Inspections Item 12 Page 1 of 3 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – May 12, 2015 Agenda Item: Discuss possible amendments to the Zoning Ordinance regarding Permitted Uses. Description of Agenda Item: Town staff has identified numerous land uses in the Zoning Ordinance which should be re- evaluated in regard to the appropriateness of the use being permitted by right or permitted upon approval of a Specific Use Permit. There are also antiquated land use terms that may need to be amended or removed from the Zoning Ordinance. The consideration of the possible amendments is based on the Comprehensive Plan’s recommendation for changes to the Zoning Ordinance that will “not only improve future development and interaction between land uses, but will also improve Prosper’s overall image and livability.” The following list of proposed land use chart amendments is a draft and may be expanded upon further review. Pending direction and input from the Council, staff will initiate the formal process to amend the Zoning Ordinance. The proposed amendments will be processed in accordance with the required Public Hearings, and staff will also seek input from the Prosper Developers Council. Use Comments Pawn Shop Permitted by right in the Commercial and Industrial Districts. State Law requires the use to be permitted by right in at least one zoning district. Consider appropriate zoning districts. Payday Loans/Cash for Car titles These lending businesses meet the definition of a “Bank or Savings and Loan” and would be permitted by right in all non- residential districts. Consider appropriateness and standards for the use. Auto Repair, Major Permitted by right in the Commercial and Industrial Districts and by SUP in the Downtown Commercial District. Due to the nature of the use, consider appropriate zoning districts. Outside Display, Incidental This use is not listed in the Zoning Ordinance. Consider standards for this use in certain districts. Prosper is a place where everyone matters. PLANNING Item 13 Page 2 of 3 Use Comments Recycling Collection Point (unmanned donation boxes) Permitted by right in all non-residential districts except the Downtown Office and Downtown Retail Districts. These boxes tend to become dumping sites. Consider appropriateness and standards for the use. Trailer Rental Permitted by right in the Commercial, Commercial Corridor and Industrial Districts and permitted by SUP in the Retail District. Due to the open storage and display of the trailers, consider appropriate zoning districts. Equipment and Machinery Sales and Rental, Major Permitted by right in the Commercial and Industrial Districts. Due to the open storage and display of the equipment and machinery, consider appropriate zoning districts. Automobile Sales/Leasing, New Permitted with SUP in the Commercial and Commercial Corridor Districts. Consider appropriate zoning districts. Car Wash, Self-Serve Permitted by right in the Commercial and Industrial Districts. Due the noise-generating nature of the use, consider appropriate zoning districts. Motels Permitted with minimal conditional development standards in the Downtown Commercial, Commercial and Commercial Corridor Districts. Consider appropriate zoning districts and standards if permitted. Residence Hotel Permitted with minimal conditional development standards in the Commercial and Commercial Corridor Districts and restricted to Preston Road, US 380 and DNT. Consider appropriate zoning districts and standards. Automobile Storage Permitted by right in the Commercial, Commercial Corridor and Industrial Districts. Due to the open storage, consider appropriate zoning districts. General Manufacturing/Industrial Use Permitted by right in the Commercial, Commercial Corridor and Industrial Districts. Due to the industrial nature of the use, consider appropriate zoning districts. Flea Market, Inside Permitted by right in the Commercial District. Consider appropriate zoning districts and standards. Flea Market, Outside Permitted by SUP in the Commercial District. Consider appropriate zoning districts. Vet Clinic and/or Kennel, Outdoor Permitted by right in the Commercial, Commercial Corridor and Industrial Districts. Due to the nature of the outdoor facilities, consider appropriate zoning districts. Retirement Housing Permitted by right in the Townhome, Multifamily and the Mobile Home zoning districts. There is hesitancy to rezone any land to the Multifamily District for a retirement housing product, since there is no guarantee the use will develop as such. Consider appropriate zoning districts for this use. Helistop (Helicopter landing pad) Permitted by SUP in the Office, Commercial Corridor and Industrial District. A helistop may be appropriate and necessary for uses in the Retail and Commercial uses. (Hospitals are permitted in these districts). Consider appropriate zoning districts. (Landscape) Nursery, Major Permitted by right in Commercial and Commercial Corridor Districts. Consider appropriate zoning districts. Item 13 Page 3 of 3 Use Comments Body Art Studio (tattoo parlor) Permitted by right in the Industrial District. Professional salons now offer “permanent make-up” services. If restricted to an incidental use, it may be an inappropriate use. Consider appropriate zoning districts for non-tattoo parlors. Dance Hall “Dance Hall” is an antiquated term. Need to recognize and allow professional banquet facilities such as Noah’s Event Venue. “Dance Hall” currently permitted by SUP in the Downtown Commercial, Commercial and Commercial Corridor Districts. Consider appropriate zoning districts. Furniture Restoration Permitted by right in the Commercial and Industrial Districts and requires SUP in the Downtown Commercial District. This is an enclosed use and does not pose adverse impacts. Consider appropriate zoning districts. Gunsmith Antiquated term. Consider appropriate land use term. Household Appliance Service and Repair Antiquated term. Consider appropriate land use term. Mortuary Funeral Parlor Clarify that the use does not permit an on-site crematory. Consider appropriate clarification of the land use term. Restaurant or Cafeteria “Cafeteria” is an antiquated term. A “Luby’s or “Furr’s” is considered a restaurant. Consider appropriate clarification of the land use term. Bottling Works Antiquated term. An operation that bottles beverages can be accommodated as a “General Manufacturing/Industrial Use”. Consider appropriate land use term. Town Staff Recommendation: Town staff requests that the Town Council provide input on the proposed amendments and direction on whether to initiate a formal amendment to the Zoning Ordinance. Item 13