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08.11.2015 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 recent and 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 – July 28, 2015 4b. Receive the June 2015 Financial Report. (CD) 4c. Receive the Quarterly Investment Report. (CD) 4d. Consider accepting the submission of the certified collection rate of 100 percent for FY 2015-2016. (HJ) 4e. Consider and act upon an ordinance establishing the 2015 certified appraisal roll. (HJ) 4f. Consider accepting submission of the 2015 effective tax rate of $0.480591 per $100 taxable value and the rollback tax rate of $0.524487 per $100 taxable value. 4g. Consider and act upon a recommendation by the Prosper Economic Development Corporation for adoption of Tax Abatement Policy 2015. (RW) 4h. Consider and act upon an ordinance amending Section 12.09.004 "School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by modifying the limits and hours of operation of such zones. (MR) 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) AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, August 11, 2015 6:00 p.m. Page 2 of 4 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 an ordinance rezoning 5.1± acres, from Single Family-10 (SF-10) to Planned Development-40 (PD-40), located on the southeast and southwest corners of Fishtrap Road and Windsong Parkway. (Z15-0010). (JW) 7. Conduct a Public Hearing, and consider and act upon an ordinance for a Specific Use Permit for a Utility Distribution/Transmission Facility, on 0.2± acres, located on the south side of First Street, 500± feet west of the BNSF Railroad. The property is zoned Planned Development-67 (PD-67). (S15-0004). (JW) DEPARTMENT ITEMS: 8. Submission of the FY 2015-2016 Proposed Budget and Budget Message by the Town Manager. (HJ) 9. Consider and act upon a proposed FY 2015-2016 property tax rate. (HJ) 10. Consider and act upon scheduling Public Hearings on the FY 2015-2016 Proposed Budget. (HJ) 11. Consider and act upon scheduling Public Hearings for the FY 2015-2016 proposed tax rate. (HJ) 12. Consider and act upon authorizing the Town Manager to execute a Facility Utilization Agreement between the Town of Prosper, Texas, and Prosper Youth Sports Commission (PYSC), related to use of the Town’s facilities and services. (MF) 13. Consider and act upon awarding Bid No. 2015-42-B to Starlite Sign, LP, related to construction services for the Decorative Monument Signs project; and authorizing the Town Manager to execute a construction agreement for same. (MR) Page 3 of 4 14. Discussion on proposed amendments to the Zoning Ordinance regarding permitted land uses. (JW) 15. Discussion on proposed amendments to the Fence Ordinance. (JW) 16. 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: 16a. Section 551.087 – To discuss and consider economic development incentives. 16b. 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. 16c. Section 551.071 – Consultation with Town Attorney regarding legal issues associated with Article 1.10 of Chapter 1 of the Code of Ordinances, and all matters incident and related thereto. 16d. Section 551.071 – Consultation with Town Attorney regarding legal issues associated with proposed extraterritorial jurisdiction release, and all matters incident and related thereto. 17. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 18. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.  CIP Projects (HW)  Town Hall/Multi-Purpose Facility  Coleman Road Reconstruction Project  West Prosper Road Improvements  SH 289 Median Lighting and Landscaping  Discussion on the Lower Pressure Plane Ground Storage Tank and Pump Station Project. (HW)  Scheduling of work sessions. (HJ) 19. 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 August 7, 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 Curry Vogelsang, Jr. Councilmember Kenneth Dugger 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 Webb, Executive Director of Development and Community Services Alex Glushko, Senior Planner Frank Jaromin, Director of Public Works Doug Kowalski, Police Chief 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor Kenny Thacker of Lighthouse Christian Fellowship led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3. Announcements of recent and upcoming events. Mayor Pro-Tem Miller read the following announcements: Registration is open for several Parks and Recreation Programs including Bricks 4 Kids, Archery, Tennis, Engineering Camps, adult fitness classes, and much more. Visit the Town of Prosper website for more information on how to register. Several local youth sports leagues are also open for registration. The Parks and Recreation Department is holding a “Wild in Prosper” photo contest through July 31. Visit a Town of Prosper park, take a photo, and submit your entry to recreation@prospertx.gov. For contest rules, see the Town website. MINUTES Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, July 28, 2015 Item 4a Page 2 of 5 The Public Works Department will offer a Drip Irrigation Do-It-Yourself Course on August 10 from 6:30-8:30 p.m. at the Public Works Office, located at 601 W. Fifth Street. Contact Tristan Cisco with Public Works for more information. The Library will host its “End of Summer” event on August 1 from 10:00 a.m.-1:00 p.m. Children and youth may return their completed 500-minute reading challenge forms to receive a trophy, certificate, or prizes. There will also be a face painter, crafts, and the Prosper Police Department will offer kid print ID cards. The Town Secretary’s Office is accepting applications for the Town’s various Boards and Commissions through Friday, August 7. Applications and information are available on the Town’s website, or by contacting the Town Secretary, Robyn Battle. 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 – July 14, 2015 4c. 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) Councilmember Dugger removed Item 4b from the Consent Agenda. Mayor Pro-Tem Miller made a motion and Councilmember Davis seconded the motion to approve the remaining items on the Consent Agenda. The motion was approved by a vote of 7-0. 4b. Consider and act upon an ordinance rezoning 12.3± acres, from Commercial (C) to Planned Development-Retail (PD-R), located on the west side of Custer Road, 200± feet north of US 380. (Z15-0009). (JW) Councilmember Dugger clarified that he opposed the zoning request due to a lack of screening on the north side of the site, however, he is in favor of the project. Councilmember Dugger made a motion and Mayor Pro-Tem Miller seconded the motion to approve Ordinance No. 15-46 rezoning 12.3± acres, from Commercial (C) to Planned Development-Retail (PD-R), located on the west side of Custer Road, 200± feet north of US 380. The motion was approved by a vote of 7-0. 5. CITIZEN COMMENTS: (The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this Item 4a Page 3 of 5 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.) DEPARTMENT ITEMS: 6. Consider and act upon an ordinance amending Chapter 13, “Utilities,” of the Code of Ordinances, by adding thereto a new Article 13.10, “Backflow Prevention Plan” and amending Appendix A, “Fee Schedule,” to the Code of Ordinances by adding thereto a new Section XVIII, “Backflow Prevention Plan and Enforcement Fees.” (FJ) Public Works Director Frank Jaromin presented this item before the Town Council. The purpose of the proposed Backflow Prevention Plan is to comply with the Texas Commission on Environmental Quality (TCEQ) Rules and Regulations for Public Water Systems in order to protect the public water supply from potential contamination. Mr. Jaromin explained the details of the plan, including inspection, testing, registration requirements, and fees associated with the plan. Testing will be performed on all new installations for residential systems, and commercial systems will be tested once per year. After discussion, Councilmember Korbuly made a motion and Councilmember Dugger seconded the motion to approve Ordinance No. 15-45 amending Chapter 13, “Utilities,” of the Code of Ordinances, by adding thereto a new Article 13.10, “Backflow Prevention Plan” and amending Appendix A, “Fee Schedule,” to the Code of Ordinances by adding thereto a new Section XVIII, “Backflow Prevention Plan and Enforcement Fees.” The motion was approved by a vote of 7-0. 7. 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: 7a. Section 551.087 – To discuss and consider economic development incentives. Item 4a Page 4 of 5 7b. 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. 7c. Section 551.071 – Consultation with Town Attorney regarding legal issues associated with Article 1.10 of Chapter 1 of the Code of Ordinances, and all matters incident and related thereto. The Town Council recessed into Executive Session at 6:14 p.m. Mayor Smith left the Executive Session at 7:37 p.m. 8. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 7:52 p.m. No action was taken as a result of the Executive Session. 9. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.  CIP Projects (HW)  Town Hall/Multi-Purpose Facility Hulon Webb, Executive Director of Development and Community Services, introduced Randall Scott of Randall Scott Architects, who reviewed the firm’s recommendations based on the needs assessment which had been previously performed. Greg Conaway, also from Randall Scott Architects, provided a preliminary cost comparison for the Town Hall/Multi-Purpose Facility. The building is estimated to be approximately 50,000 square feet, and cost $22- $24 million. Mr. Webb clarified the scope of the off-site development costs, which would include water, sewer, drainage, and roadway improvements.  Coleman Road Reconstruction Project Mr. Webb reported that all of the pavement has been installed. The project should be completed around the middle of August.  West Prosper Road Improvements Town staff is continuing to work with the engineer for this project. The pre- construction meeting should take place in about two weeks, after the geotechnical analysis is finished. The project should be complete within about nine months.  SH 289 Median Lighting and Landscaping The illuminated street name signs have been installed and are lit, and the street lights have been installed and should be connected and lit soon. Item 4a Page 5 of 5 Town staff is also working with TXDOT to have groundcover and landscaping installed in the medians, and the trees staked. A gateway feature at the 380 overpass was also discussed.  Frontier Park Parking. (HW) Mr. Webb provided a cost estimate on adding parking to Frontier Park. Council gave direction to begin the bidding process now, but to include the funding for the project in the proposed FY 2015-2016 budget. Councilmember Dixon requested staff inquire about screening the facility on the south side of Frontier Parkway, to provide an update on the development at the Episcopal church, and to provide an update on the façade plan for the Corner Store at La Cima and US 380. 10. Adjourn. The meeting was adjourned at 8:44 p.m. These minutes approved on the 11th day of August, 2015. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 4a Prosper is a place where everyone matters. ## Child Safety Inc Court Security Revenue Court Technology Revenue LEOSE Revenue 0 0 0 ## Interest Income Country Xmas Donations Professional Svcs.-Thoroughfare Capital Expenditure-Water Capital Exp.-Thoroughfare Country Xmas Expense Court Technology Expense Court Security Expense Police Donation Expense Fire Donation Expense Child Safety Expense Tree Mitigation Expense MONTHLY FINANCIAL REPORT JUNE 2015 Prepared by Finance Department August 11, 2015 Item 4b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT JUNE 2015 Table of Contents Dashboard Charts 1 General Fund 3 Water-Sewer Fund 4 Debt Service Fund 5 Internal Service Fund 6 Vehicle and Equipment Replacement Fund 7 Storm Drainage Utility Fund 8 Park Dedication and Improvement Fund 9 TIRZ #1 - Blue Star Fund 10 TIRZ #2 - Matthews Southwest 11 Water Impact Fees Fund 12 Wastewater Impact Fees Fund 13 Thoroughfare Impact Fees Fund 14 Special Revenue Fund 15 Capital Projects Fund-General 16 Capital Projects Fund-Water/Sewer 18 Detail All Funds 19 Item 4b 1 28740 Child Safety Inc Court Security Revenue Court Technology Revenue LEOSE Revenue 0 0 0 28740 Interest Income Country Xmas Donations Professional Svcs.-Thoroughfare Capital Expenditure-Water Capital Exp.-Thoroughfare Court Technology Expense Court Security Expense Police Donation Expense Fire Donation Expense Child Safety Expense Tree Mitigation Expense PD Seizure Expense $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 Total Budget YTD Budget YTD Actual Building Permit Revenues 0 50,000 100,000 150,000 200,000 250,000 300,000 350,000 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Town of Prosper, Texas Sales Tax Revenue by Month FY 12/13 FY 13/14 FY 14/15 Item 4b 2 28740 Child Safety Inc Court Security Revenue Court Technology Revenue LEOSE Revenue 0 0 0 28740 Interest Income Country Xmas Donations Professional Svcs.-Thoroughfare Country Xmas Expense Court Technology Expense Court Security Expense Police Donation Expense Fire Donation Expense Child Safety Expense Tree Mitigation Expense PD Seizure Expense $15,013,900 $11,260,425 $10,239,979 $14,686,034 $11,014,526 $13,534,944 $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 Total Budget YTD Budget YTD Actual General Fund Revenues and Expenditures Revenues Expenditures $10,424,679 $7,818,509 $6,345,725 $10,295,293 $7,721,470 $6,615,490 $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 Total Budget YTD Budget YTD Actual Water -Sewer Fund Revenues and Expenditures Revenues Expenditures Item 4b 3 Amended Current Year Prior Year Change from Budget YTD Obligated YTD Percent Note YTD Obligated Prior Year REVENUES Property Taxes 6,865,290$ 6,614,698$ 96%1 5,096,740$ 30% Sales Taxes 2,923,823 2,204,427 75%1,980,177 11% Franchise Fees 562,000 530,611 94%2 447,880 18% Building Permits 2,130,000 1,848,838 87%1,280,802 44% Fines 245,000 231,535 95%198,310 17% Other 1,959,921 2,104,835 107%3 1,472,289 43% Total Revenues 14,686,034$ 13,534,944$ 92%10,476,198$ 29% EXPENDITURES 10 Administration 1,897,330$ 1,509,985$ 80%4 1,499,753$ 1% 20 Police 2,683,492 1,722,188 64%1,734,199 -1% 30 Fire/EMS 3,595,219 2,070,211 58%1,878,340 10% 40 Streets 448,935 353,643 79%5 303,873 16% 45 Public Library 176,392 100,752 57%65,395 54% 60 Parks and Recreation 1,642,315 1,189,463 72%1,029,236 16% 70 Municipal Court 224,472 159,792 71%183,009 -13% 80 Inspections 1,235,563 859,549 70%473,164 82% 85 Code Enforcement 165,583 120,631 73%122,536 -2% 90 Planning 535,542 368,819 69%305,904 21% 98 Engineering 703,938 487,563 69%333,827 46% 99 Non-departmental 1,705,119 1,297,383 76% Total Expenses 15,013,900$ 10,239,979$ 68%7,929,236$ 29% REVENUE OVER (UNDER) EXPENDITURES (327,866)$ 3,294,965$ 2,546,962$ Beginning Fund Balance October 1 7,587,994 7,076,343 Ending Fund Balance Current Month 10,882,959$ 9,623,305$ Notes 1 Property taxes are billed in October, and the majority of collections occur December through February. 2 3 Other Revenue includes a budget estimate of $237,170 for ambulance charges for service and actual revenues of $267,804 for ETJ releases from Savannah and the City of Aubrey. 4 expenditures would total $1,338,232 and the YTD percent would be 71%. 5 Street Expenditures include an encumbrance of $17,875 for maintenance materials. Without the encumbrance, Street Expenditures would total $335,768 and the YTD percent would be 75%. costs. These encumbrances are for expenditures through the end of the fiscal year. Without the encumbrances, Administration TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT June 30, 2015 Expected Year to Date Percent 75% GENERAL FUND In February, $96,175 was received for the annual gas franchise fee payments from Atmos and CoServ. Other year to date amounts include $78,117 for telephone franchise fees and $38,634 for electric franchise fees. The electric franchise fee of approximately $200,000 from Oncor is received annually in June. Administration expenditures include encumbrances of $171,753 for contract and professional services, IT fees, copier and rental Item 4b 4 Amended Current Year Prior Year Change from Budget YTD Obligated YTD Percent Note YTD Obligated Prior Year REVENUES Water Revenues 6,281,250$ 3,624,298$ 58%1 3,491,460$ 4% Sewer Revenues 2,997,000 2,152,609 72%1,977,602 9% Utility Billing Revenues 1,017,043 838,583 82%769,035 9% Total Revenues 10,295,293$ 6,615,490$ 64%6,238,097$ 6% EXPENDITURES 50 Water 3,752,848$ 2,499,957$ 67%2 3,915,766$ -36% 55 Sewer 1,725,500 1,300,566 75%3 1,278,228 2% 57 Utility Billing 1,033,566 746,550 72%735,144 2% 00 Non-departmental 3,912,765 1,798,652 46%3,000,000 Total Expenses 10,424,679$ 6,345,725$ 61%8,929,138$ -29% REVENUE OVER (UNDER) EXPENDITURES (129,386)$ 269,765$ (2,691,041)$ Beginning Working Capital 10-1-14 3,359,895 5,109,484 Ending Working Capital, Current Month 3,629,660$ 2,418,443$ Notes 1 Water revenues are cyclical and vary by month. The table below shows the average historical monthly and cumulative revenue. Average Monthly Average Cumulative October 8.65%8.65% November 7.51%16.16% December 4.96%21.12% January 4.04%25.16% February 4.02%29.18% March 4.30%33.48% April 5.88%39.36% May 7.17%46.53% June 9.59%56.12% July 13.57%69.69% August 16.41%86.10% September 13.91%100.00% 2 In February, the semi-annual debt payments were recorded in the Water division, as done in prior years. However, beginning in FY2015 these payments are budgeted in Non-departmental. 3 Prior year YTD Obligated for Sewer Expenditures includes the $3,000,000 paid to the UTRWD for the Doe Branch Plant. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT June 30, 2015 Expected Year to Date Percent 75% WATER-SEWER FUND Item 4b 5 Amended Current Year Prior Year Change from Budget YTD Obligated YTD Percent Note YTD Obligated Prior Year REVENUES Property Taxes-Delinquent 50,000$ 58,500$ 117%73,721$ -21% Property Taxes-Current 2,870,065 3,038,839 106%1 3,028,268 0% Taxes-Penalties 20,000 15,366 77%2 24,315 -37% Interest Income 15,000 19,828 132%13,970 42% Total Revenues 2,955,065$ 3,132,533$ 106%3,140,274$ 0% EXPENDITURES 2013 GO Refunding Bond 287,200$ 68,600$ 24%3 77,722$ -12% 2010 Tax Note Payment 370,175 363,919 98%356,248 2% 2011 Refunding Bond Payment 176,616 172,892 98%172,599 0% 2012 GO Bond Payment 112,413 56,206 50%56,206 0% 2004 CO Bond Payment 60,496 -100% 2006 Bond Payment 453,413 89,906 20%95,516 -6% 2008 CO Bond Payment 1,079,049 785,992 73%773,820 2% Bond Administrative Fees 21,000 2,400 11%88,929 -97% 2014 GO Bond Payment 370,199 102,593 28% Total Expenditures 2,870,065$ 1,642,508$ 57%1,681,536$ -2% REVENUE OVER (UNDER) EXPENDITURES 85,000$ 1,490,025$ 1,458,738$ Beginning Fund Balance 10-1-14 1,158,927 1,187,017 Ending Fund Balance Current Month 2,648,952$ 2,645,755$ Plus Proceeds from Bond Issue 6,939,610 Less Payment to Bond Escrow Agent (7,520,684) Ending Fund Balance 2,064,681$ Notes 1 2 Revenue is net of refunds related to penalties. During the first several months of the fiscal year, refunds were greater than penalties collected. 3 Year to date actuals reflect semi-annual debt payments made on February 15. Property taxes are billed in October and the majority of collections occur December through February. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT June 30, 2015 Expected Year to Date Percent 75% DEBT SERVICE FUND Item 4b 6 Amended Current Year Prior Year Change from Budget YTD Obligated YTD Percent Note YTD Obligated Prior Year REVENUES Charges for Services 25,000$ 13,275$ 53%1 21,960$ -40% Interest Income 250 481 192%431 12% Transfer In 19,400 1,800 9%1 1,620 11% Total Revenue 44,650$ 15,556$ 35%24,011$ -35% EXPENDITURES MERP H & D Expense 30,000 2,800 9%2 23,589 -88% Total Expenditures 30,000$ 2,800$ 9%23,589$ -88% REVENUE OVER (UNDER) EXPENDITURES 14,650$ 12,756$ 422$ Beginning Fund Balance 10-1-14 100,303 100,281 Ending Fund Balance Current Month 113,059$ 100,703$ Notes 1 Beginning in FY 2014, contributions from the General Fund were discontinued. Based on recent trends, the ISF is currently able to absorb costs by using existing fund balance. This fund continues to receive small monthly contributions from the Water-Sewer and Drainage funds. 2 Expenses vary throughout the year based on actual claims activity. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT June 30, 2015 Expected Year to Date Percent 75% INTERNAL SERVICE FUND-MEDICAL EXPENSE REIMBURSEMENT PROGRAM Item 4b 7 Amended Current Year Prior Year Change from Budget YTD Obligated YTD Percent Note YTD Obligated Prior Year REVENUES Charges for Services 486,195$ 400,516$ 82%-$ Other Reimbursements 50,000 9,976 20%1 Transfers In 800,000 0%2 - Total Revenue 1,336,195$ 410,492$ 31%-$ EXPENDITURES Vehicle Replacement 552,000$ 229,791$ 42% Equipment Replacement 95,000 85,425 90% IT Replacement 150,010 81,478 54% Total Expenditures 797,010$ 396,694$ 50%-$ REVENUE OVER (UNDER) EXPENDITURES 539,185$ 13,798$ -$ Beginning Fund Balance 10-1-14 800,000 Ending Fund Balance Current Month 813,798$ -$ Notes 1 Auction revenues and insurance reimbursements are placed in the Other Reimbursements account as they occur. TOWN OF PROSPER, TEXAS The Vehicle and Equipment Replacement Fund (VERF) was established in FY 2014 with an $800,000 transfer from fund balance in the General Fund; a second transfer is scheduled in FY 2015 for the same amount. These transfers provide start-up funding for vehicle, field equipment, and computer equipment replacements June 30, 2015 VEHICLE AND EQUIPMENT REPLACEMENT FUND MONTHLY FINANCIAL REPORT Expected Year to Date Percent 75% 2 Item 4b 8 Amended Current Year Prior Year Change from Budget YTD Obligated YTD Percent Note YTD Obligated Prior Year REVENUES 45-4 Storm Drainage Utility Fee 270,400$ 202,888$ 75%183,437$ 11% 45-4 Interest Income 1,600 445 28%1,455 -69% Total Revenue 272,000$ 203,333$ 75%184,892$ 10% EXPENDITURES Personal Services 107,898$ 61,018$ 57%31,259$ 95% 45-7 Operating Expenditures 198,297 133,856 68%1 67,982 97% Total Expenses 306,195$ 194,874$ 64%99,241$ 96% REVENUE OVER (UNDER) EXPENDITURES (34,195)$ 8,459$ 85,651$ Beginning Working Capital 10-1-14 223,890 222,452 Ending Working Capital, Current Month 232,349$ 308,103$ Notes 1 The Operating Expenditures budget includes a $96,680 debt service payment for a share of the 2012 Certificates of Obligation. Year to date transactions include $63,490. The remainder is due August 15. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT June 30, 2015 Expected Year to Date Percent 75% STORM DRAINAGE UTILITY FUND Item 4b 9 Amended Current Year Prior Year Change from Budget YTD Obligated YTD Percent Note YTD Obligated Prior Year REVENUES 60-4 Park Dedication-Fees 200,000$ 63,994$ 32%166,678$ -62% 60-4 Park Improvement 300,000 66,000 22%237,000 -72% Contributions 17,500 -100% 60-4 Interest-Park Dedication 1,500 4,039 269%1,504 169% 60-4 Interest-Park Improvements 500 3,168 634%540 487% Total Revenue 502,000$ 137,201$ 27%423,222$ -68% EXPENDITURES 60-5 Miscellaneous Expense -$ 90$ 42,509$ -100% Professional Services -Park Ded 55,830$ -100% 60-5 Professional Services -Park Imp 831 - 0%22,044 -100% 60-6 Capital Exp-Park Imp 89,000 89,000 100%8,500 947% 60-6 Capital Exp-Park Ded 125,000 900 1%3,500 -74% Total Expenses 214,831$ 89,990$ 42%132,383$ -32% REVENUE OVER (UNDER) EXPENDITURES 287,169$ 47,211$ 290,839$ Beginning Fund Balance 10-1-14 2,371,059 1,476,688 Ending Fund Balance Current Month 2,418,270$ 1,767,527$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT June 30, 2015 Expected Year to Date Percent 75% PARK DEDICATION AND IMPROVEMENT FUND Item 4b 10 Amended Current Year Prior Year Change from Budget YTD Obligated YTD Percent Note YTD Obligated Prior Year REVENUES Property Taxes -$ -$ -$ Other Revenue - - - Transfer In - - - Total Revenue -$ -$ -$ EXPENDITURES Professional Services -$ 7,500$ -$ Transfers Out - - - Total Expenses -$ 7,500$ -$ REVENUE OVER (UNDER) EXPENDITURES -$ (7,500)$ -$ Beginning Fund Balance 10-1-14 - - Ending Fund Balance Current Month (7,500)$ -$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT June 30, 2015 Expected Year to Date Percent 75% TIRZ #1 - BLUE STAR Item 4b 11 Amended Current Year Prior Year Change from Budget YTD Obligated YTD Percent Note YTD Obligated Prior Year REVENUES Property Taxes -$ -$ -$ Other Revenue - - - Transfer In - - - Total Revenue -$ -$ -$ EXPENDITURES Professional Services -$ -$ -$ Transfers Out - - - Total Expenditures -$ -$ -$ REVENUE OVER (UNDER) EXPENDITURES -$ -$ -$ Beginning Fund Balance 10-1-14 - - Ending Fund Balance Current Month -$ -$ The TIRZ #2 Fund is new and has not received any tax revenue from the zone's tax increment. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT June 30, 2015 Expected Year to Date Percent 75% TIRZ #2 - MATTHEWS SOUTHWEST Item 4b 12 Amended Current Year Prior Year Change from Budget YTD Obligated YTD Percent Note YTD Obligated Prior Year REVENUES 65-4 Impact Fees -Water 2,145,000$ 1,906,157$ 89%1,079,869$ 77% 65-4 Interest-Water Impact Fee 3,500 13,397 383%3,419 292% Total Revenue 2,148,500$ 1,919,554$ 89%1,083,288$ 77% EXPENDITURES Capital Expenditure-Water 951,887$ 408,148$ 43%574,354$ -29% Transfer to CIP Fund 95,311 Total Expenses 951,887$ 503,459$ 53%574,354$ -12% REVENUE OVER (UNDER) EXPENDITURES 1,196,613$ 1,416,095$ 508,934$ Beginning Working Capital 10-1-14 4,003,571 2,435,685 Ending Working Capital Current Month 5,419,666$ 2,944,619$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT June 30, 2015 Expected Year to Date Percent 75% WATER IMPACT FEES FUND Item 4b 13 Amended Current Year Prior Year Change from Budget YTD Obligated YTD Percent Note YTD Obligated Prior Year REVENUES 65-4 Impact Fees -Wastewater 375,650$ 327,774$ 87%291,124$ 13% 65-4 Interest-Wastewater Impact Fee 1,500 7,016 468%1,581 344% Total Revenue 377,150$ 334,790$ 89%292,705$ 14% EXPENDITURES Capital Expenditure-Wastewater 137,612 65,420 48%5,554 1078% Total Expenditures 137,612$ 65,420$ 48%5,554$ 1078% REVENUE OVER (UNDER) EXPENDITURES 239,538$ 269,370$ 287,151$ Beginning Working Capital 10-1-14 2,329,812 1,929,852 Ending Working Capital Current Month 2,599,182$ 2,217,003$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT June 30, 2015 Expected Year to Date Percent 75% WASTEWATER IMPACT FEES FUND Item 4b 14 Amended Current Year Prior Year Change from Budget YTD Obligated YTD Percent Note YTD Obligated Prior Year REVENUES 65-4 Thoroughfare Impact Fees 1,444,000$ 1,708,892$ 118%968,507$ 76% 65-4 West Thoroughfare Impact Fees 708,303 172,125 312% 65-4 Interest-Thoroughfare Impact Fee 3,500 5,198 149%3,232 61% 65-4 Interest-West Thoroughfare Impact Fee 1,000 1,809 181%1,176 54% Total Revenue 1,448,500$ 2,424,202$ 167%1,145,040$ 112% EXPENDITURES 65-5 Professional Svcs.-Thoroughfare 4,750$ 5,042$ 106%2,027$ 149% 65-5 Professional Svcs.-West Thoroughfare - 7,778 1 65-6 Capital Exp.-Thoroughfare 2,803,000 237,833 8%278,794 -15% 65-6 Capital Exp.-West Thoroughfare - 281,200 1 Total Expenditures 2,807,750$ 531,853$ 19%280,821$ 89% REVENUE OVER (UNDER) EXPENDITURES (1,359,250)$ 1,892,349$ 864,219$ Beginning Fund Balance 10-1-14 3,682,746 2,236,033 Ending Fund Balance Current Month 5,575,095$ 3,100,252$ Notes 1 Year to date expenditures include $286,478 to DCFWSD #10 from West Thoroughfare Impact Fees for the Town's participation in the Teel Parkway Paving and Drainage Improvements project. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT June 30, 2015 Expected Year to Date Percent 75% THOROUGHFARE IMPACT FEES FUND Item 4b 15 Amended Current Year Prior Year Change from Budget YTD Obligated YTD Percent Note YTD Obligated Prior Year REVENUES Police Donation Revenue 8,000$ 10,378$ 130%13,060$ -21% Fire Dept Donation Revenue 9,360 12,019 128%8,227 46% Child Safety Revenue 7,000 8,943 128%8,757 2% Court Security Revenue 5,280 4,582 87%3,947 16% Court Technology Revenue 7,020 6,089 87%5,252 16% Special Revenue - Other 1,551 -100% LEOSE Revenue 1,543 Library Grant 2,365 Interest Income 3,720 2,974 80%3,143 -5% Country Xmas Donations 10,000 11,265 113%17,951 -37% Tree Mitigation Revenue 14,175 -100% Escrow Income - 642,557 72,443 787% Cash Seizure/Forfeiture - 13,421 3,250 313% Transfer In - 20,000 1 Total Revenue 50,380$ 736,136$ 1461%151,756$ 385% LEOSE Expenditure -$ 250$ Special Revenue Expense - Other 40 -100% Country Xmas Expense 30,000 28,920 96%1 10,001 189% Court Technology Expense 13,133 13,462 103%2 15,314 -12% Court Security Expense 4,000 571 14%612 -7% Police Donation Expense 6,000 4,150 69%3 4,000 4% Fire Donation Expense - 5,094 4,091 25% Child Safety Expense 25,000 5,788 23%617 838% Escrow Expense 182,024 -100% Tree Mitigation Expense 14,000 - 0% Volunteer Per Diem - 75 520 -86% Library Grant Expense 4,805 PD Seizure Expense 3,000 1,800 60%200 800% Total Expenses 95,133$ 64,915$ 68%217,419$ -70% REVENUE OVER (UNDER) EXPENDITURES (44,753)$ 671,221$ (65,663)$ Beginning Fund Balance 10-1-14 2,283,679 2,092,601 Ending Fund Balance Current Month 2,954,900$ 2,026,938$ Notes 1 The total cost of the Christmas Festival is now shown in one place. In prior years, expenses were also reflected in the General Fund. 2 Court Technology expense includes $9,274 for two ticket writers, licensing, and software, for Code Enforcement and the Fire Department. 3 Police Donation expenses include $3,850 for Cops with a Claus and $300 for Safe Driver Recognition. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT June 30, 2015 Expected Year to Date Percent 75% SPECIAL REVENUE FUND Item 4b 16 Current Year Project Project Amended Current Year Prior Year Budget Budget Budget Actual Expenditure Balance Note REVENUES Contributions 19,696,900$ 1,156,250$ 1 Interest-2004 Bond 1,500 1,532 Interest-2006 Bond 100 350 Interest-2008 Bond 5,000 10,187 Interest-2012 GO Bond 5,000 8,359 Transfers In 1,140,000 785,250 2 Total Revenues 20,848,500$ 1,961,928$ EXPENDITURES Prosper Road Imp-2014 Asphalt 1,254,174$ -$ 81,817$ -$ 1,172,357$ Prosper Road (Concrete 2014)1,000,000 492,205 505,360 2,435 Coleman-Prosper Tr to Prosper HS 1,880,000 1,560,900 2,716,675 125,350 (962,025) 3 Downtown Enhancements 550,000 490,000 21,500 528,500 Teel Parkway-DCFWSD#10 2,600,000 2,600,000 2,600,000 Seventh Street-Coleman to PISD 990,000 793,655 954,392 35,608 SH 289 Paving and Conduit 125,000 - 22,929 102,071 West Prosper Roads 12,531,000 12,531,000 12,531,000 Broadway-McKinley to Main 113,000 113,000 113,000 Custer Road Turn Lanes at Prosper Tr 100,000 100,000 100,000 Fifth Street - BNSF RR to Coleman 216,000 216,000 216,000 Gates of Prosper Road Imp - Ph 1 2,000,000 2,000,000 2,000,000 McKinley-Fifth to First 275,000 275,000 275,000 Prosper Trail (Kroger to Coit)305,000 305,000 285,158 19,842 First Street (DNT to Coleman)550,000 550,000 531,353 18,647 Total Street Projects 24,489,174 21,534,555 5,106,029 630,710 18,752,435 Decorative Monument Street Signs 150,020 150,020 SH 289 Illuminated Signs 100,000 97,848 - 2,152 SH 289 Median Lighting 1,000,000 950,000 935,990 23,804 40,206 School Zone Flashers with Radar 130,000 35,826 92,767 1,407 Total Traffic Projects 1,380,020 950,000 1,069,664 116,571 193,785 Frontier Pkwy-SW Corner 965,000 425,000 501,413 400,837 62,750 SE Corner Field Lighting-Frontier 400,000 400,000 Cockrell Park Land Acquisition 1,125,000 1,125,000 1,037,374 87,626 SH 289 Median Landscaping 550,000 550,000 128,541 421,459 Pecan Grove Irrigation 100,000 100,000 Cockrell Park 90,000 90,000 Richland Blvd Median Landscape 5,000 5,000 Total Park Projects 3,235,000 2,100,000 1,667,328 400,837 1,166,835 Cook Lane Fires Station-Land Acquisition 300,000 Public Works Temporary Building 203,000 Windsong Ranch Fire Station 5,350,500 5,050,500 303,339 113,161 4,934,000 Town Hall Multi-Purpose Facility 902,000 852,000 44,136 4,864 853,000 Radio System Improvements 1,400,000 1,400,000 1,078,835 321,165 Total Facility Projects 8,155,500 7,302,500 1,426,310 118,025 6,108,165 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT June 30, 2015 CAPITAL PROJECTS FUND-GENERAL Item 4b 17 Current Year Project Project Amended Current Year Prior Year Budget Budget Budget Actual Expenditure Balance Note TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT June 30, 2015 CAPITAL PROJECTS FUND-GENERAL Non-Capital 2008 Bond 90,877 (90,877) Non-Bond Capital Exp 6,171 (6,171) Total Non Project Expenditure 0 0 97,048 0 (97,048) Total Expenditures 37,259,694$ 31,887,055$ 9,366,379$ 1,266,143$ 26,124,172$ REVENUE OVER (UNDER) EXPENDITURES (11,038,555)$ (7,404,451)$ Beginning Fund Balance 10-1-14 5,398,834 Ending Fund Balance Current Month (2,005,617)$ Notes 1 expenses include the total purchase cost of $1.037 million. 2 3 A budget amendment was approved on July 14, 2015 to increase this project by $1,412,500 for the Collin County Interlocal Agreement and $55,000 for escrow funds received from developers. The amended budget will be reflected on the July financial report. In February, the Town received Collin County's $450,000 contribution toward the Cockrell Park land acquisition. Year to date Transfers In include monthly contributions for the $972,000 approved by Council for Preston Road Illumination($415,000), Downtown Enhancements ($75,000), Central Irrigation Control for Parks ($57,000), and Southwest Corner Field Lighting at Frontier Park ($425,000). Item 4b 18 Current Year Project Project Amended Current Year Prior Year Budget Budget Budget Actual Expenditure Balance Note REVENUES Interest Income 25,500$ 25,659$ Other Revenue 28,740 1 Transfers In 379,081 100,561 2 Total Revenues 404,581$ 154,960$ EXPENDITURES 30" Upper Plane Water Line 4,054,481$ -$ 170,288$ -$ 3,884,193$ Gates of Prosper Water Imp Ph 1 470,000 470,000 470,000 PRV's at BNSF Railroad 582,200 582,200 - - 582,200 Prosper Estate Land Acq 517,300 517,300 2,200 515,100 Lower Pressure Plane 42" Tms Ln 185,100 175,000 185,100 - - Total Water Projects 5,809,081$ 1,744,500$ 357,588$ -$ 5,451,493$ Doe Branch WWTP 16,000,000$ -$ -$ 15,578,922$ 421,078$ LaCima Lift Station #1-Frisco 245,000 245,000 245,000 Landplan-Coit to First 300,000 300,000 300,000 Gates of Prosper WW Imp Ph 1 5,700,000 5,700,000 5,700,000 Matthew SW WW Imp 2,500,000 2,500,000 2,500,000 Custer Rd Pump Station Imp 5,103,000 230,927 4,301,548 570,525 UTRWD Metering Stations 7,572 (7,572) Total Wastewater Projects 29,848,000$ 8,745,000$ 238,499$ 19,880,470$ 9,729,031$ Collin Court 10,000 10,000 10,000$ Crooked Stick 33,000 33,000 33,000 Downtown Drainage-Hawk Ridge 165,000 165,000 165,000 Lakes of LaCima Outfall 250,000 250,000 250,000 Total Drainage Projects 458,000$ 458,000$ -$ -$ 458,000$ Total Expenses 36,115,081$ 10,947,500$ 596,087$ 19,880,470$ 15,638,524$ REVENUE OVER (UNDER) EXPENDITURES (10,542,919)$ (441,127)$ Beginning Working Capital 10-1-14 2,387,634 Ending Working Capital Current Month 1,946,507$ Notes 1 This amount is for a developer reimbursement related to the West Side Utilities project. 2 TOWN OF PROSPER, TEXAS The budget of $379,081 includes $245,000 from the Water and Sewer Fund for LaCima Lift Station #1, $127,081 from Water Impact Fees for Lower Pressure Plane Pump Station and Water Line, and $7,000 from the Storm Drainage Utility Fund for Crooked Stick drainage improvements. Because the La Cima Lift Station project is no longer expected to become active during FY 2015, transfers will not be made for this project. June 30, 2015 CAPITAL PROJECTS FUND-WATER/SEWER MONTHLY FINANCIAL REPORT Item 4b 19 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget 10-4035-10-00 3% Construction Fee (100,000.00) (100,000.00)(375,061.62)(45,221.46) 375.06 275,061.62 10-4061-10-00 Notary Fees (200.00) (200.00)(231.00)(51.00) 115.50 31.00 10-4105-10-00 Property Taxes -Delinquent (75,000.00) (75,000.00)(94,859.03)(15,085.55) 126.48 19,859.03 10-4110-10-00 Property Taxes -Current (6,865,290.00) (6,865,290.00)(6,614,697.98)(14,288.83) 96.35 (250,592.02) 10-4115-10-00 Taxes -Penalties (30,000.00) (30,000.00)(31,838.41)(3,803.91) 106.13 1,838.41 10-4120-10-00 Sales Taxes (2,923,823.00) (2,923,823.00)(2,204,426.67)(247,760.99) 75.40 (719,396.33) 10-4130-10-00 Sales Tax-Mixed Beverage (10,000.00) (10,000.00)(5,576.23) 55.76 (4,423.77) 10-4140-10-00 Franchise Taxes - Electric (345,000.00) (345,000.00)(287,703.67)(206,925.83) 83.39 (57,296.33) 10-4150-10-00 Franchise Taxes - Telephone (125,000.00) (125,000.00)(124,159.62) 99.33 (840.38) 10-4160-10-00 Franchise Taxes - Gas (68,500.00) (68,500.00)(98,218.70) 143.39 29,718.70 10-4170-10-00 Franchise Taxes - Road Usage (3,500.00) (3,500.00)(3,940.95) 112.60 440.95 10-4190-10-00 Franchise Fee-Cable (20,000.00) (20,000.00)(16,587.06) 82.94 (3,412.94) 10-4200-10-00 T-Mobile Fees (23,808.00) (23,808.00)(17,853.75)(1,983.75) 74.99 (5,954.25) 10-4201-10-00 Tierone Converged Network (18,000.00) (18,000.00)(13,500.00)(1,500.00) 75.00 (4,500.00) 10-4202-10-00 NTTA Tag Sales (150.00) (150.00)(100.00) 66.67 (50.00) 10-4205-10-00 Internet America (18,000.00) (18,000.00)(13,500.00)(1,500.00) 75.00 (4,500.00) 10-4218-10-00 Administrative Fees-EDC (7,500.00) (7,500.00)(5,625.00)(625.00) 75.00 (1,875.00) 10-4230-10-00 Other Permits (90.00) 0.00 90.00 10-4610-10-00 Interest Income (50,000.00) (50,000.00)(23,705.74)(3,068.42) 47.41 (26,294.26) 10-4910-10-00 Other Revenue (40,000.00) (40,000.00)(23,576.93)(5,514.17) 58.94 (16,423.07) 10-4995-10-00 Transfer In (877,403.00) (877,403.00)(652,854.69)(72,539.41) 74.41 (224,548.31) Subtotal object - 0 (11,601,174.00) (11,601,174.00)(10,608,107.05)(619,868.32) 91.44 (993,066.95) Program number: (11,601,174.00) (11,601,174.00)(10,608,107.05)(619,868.32) 91.44 (993,066.95) Department number: 10 Administration (11,601,174.00) (11,601,174.00)(10,608,107.05)(619,868.32) 91.44 (993,066.95) 10-4230-20-00 Other Permits (600.00) (600.00)(450.00)(25.00) 75.00 (150.00) 10-4440-20-00 Accident Reports (600.00) (600.00)(672.00)(56.00) 112.00 72.00 10-4450-20-00 Alarm Fee (35,200.00) (35,200.00)(26,664.00)(2,340.00) 75.75 (8,536.00) 10-4910-20-00 Other Revenue (1,000.00) (1,000.00)(362.00) 36.20 (638.00) Subtotal object - 0 (37,400.00) (37,400.00)(28,148.00)(2,421.00) 75.26 (9,252.00) Program number: (37,400.00) (37,400.00)(28,148.00)(2,421.00) 75.26 (9,252.00) Department number: 20 Police (37,400.00) (37,400.00)(28,148.00)(2,421.00) 75.26 (9,252.00) 10-4310-30-00 Charges for Services (237,170.00) (237,170.00)(125,054.98)(47,101.66) 52.73 (112,115.02) 10-4411-30-00 CC FIRE ASSOC (631.71) 0.00 631.71 10-4510-30-00 Grants (3,000.00) (3,000.00)(2,790.00) 93.00 (210.00) 10-4910-30-00 Other Revenue (500.00) (500.00)(95.40) 19.08 (404.60) Subtotal object - 0 (240,670.00) (240,670.00)(128,572.09)(47,101.66) 53.42 (112,097.91) Program number: (240,670.00) (240,670.00)(128,572.09)(47,101.66) 53.42 (112,097.91) Department number: 30 Fire/EMS (240,670.00) (240,670.00)(128,572.09)(47,101.66) 53.42 (112,097.91) 10-4315-35-00 Fire Review/Inspect Fees (11,000.00) (11,000.00)(20,375.00)(2,200.00) 185.23 9,375.00 Subtotal object - 0 (11,000.00) (11,000.00)(20,375.00)(2,200.00) 185.23 9,375.00 Program number: (11,000.00) (11,000.00)(20,375.00)(2,200.00) 185.23 9,375.00 Department number: 35 Fire Marshal (11,000.00) (11,000.00)(20,375.00)(2,200.00) 185.23 9,375.00 10-4910-40-00 Other Revenue (16,380.00)(2,340.00) 0.00 16,380.00 Subtotal object - 0 (16,380.00)(2,340.00) 0.00 16,380.00 Program number: (16,380.00)(2,340.00) 0.00 16,380.00 Department number: 40 Streets (16,380.00)(2,340.00) 0.00 16,380.00 10-4062-45-00 Over Due Fees (75.00) (75.00) 0.00 (75.00) 10-4063-45-00 Lost Fees (60.00) (60.00)(71.49)(14.99) 119.15 11.49 10-4064-45-00 Printing/Coping Fees (107.75) 0.00 107.75 10-4065-45-00 Book Fines (20.00) (20.00)(521.60)(52.30) 501.60 10-4510-45-00 Grants (19,335.00) (19,335.00)(14,501.94)(4,833.98) 75.00 (4,833.06) 10-4910-45-00 Other Revenue (150.00) (150.00)(258.70) 172.47 108.70 Item 4b 20 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget Subtotal object - 0 (19,640.00) (19,640.00)(15,461.48)(4,901.27) 78.72 (4,178.52) Program number: (19,640.00) (19,640.00)(15,461.48)(4,901.27) 78.72 (4,178.52) Department number: 45 Public Library (19,640.00) (19,640.00)(15,461.48)(4,901.27) 78.72 (4,178.52) 10-4056-60-00 Field Rental Fees (17,000.00) (17,000.00)(24,130.00)(992.50) 141.94 7,130.00 10-4057-60-00 Pavilion User Fees (3,500.00) (3,500.00)(2,615.00)(460.00) 74.71 (885.00) 10-4058-60-00 Park Program Fees (23,500.00) (23,500.00)(21,163.42)(5,115.45) 90.06 (2,336.58) 10-4910-60-00 Other Revenue (250.00) (250.00)(1,525.00) 610.00 1,275.00 Subtotal object - 0 (44,250.00) (44,250.00)(49,433.42)(6,567.95) 111.71 5,183.42 Program number: (44,250.00) (44,250.00)(49,433.42)(6,567.95) 111.71 5,183.42 Department number: 60 Parks and Recreation (44,250.00) (44,250.00)(49,433.42)(6,567.95) 111.71 5,183.42 10-4410-70-00 Fines (245,000.00) (245,000.00)(231,534.65)(39,841.94) 94.50 (13,465.35) 10-4610-70-00 Interest Income (700.00) (700.00)(1,677.20)(229.04) 239.60 977.20 Subtotal object - 0 (245,700.00) (245,700.00)(233,211.85)(40,070.98) 94.92 (12,488.15) Program number: (245,700.00) (245,700.00)(233,211.85)(40,070.98) 94.92 (12,488.15) Department number: 70 Municipal Court (245,700.00) (245,700.00)(233,211.85)(40,070.98) 94.92 (12,488.15) 10-4017-80-00 Registration Fee (44,000.00) (44,000.00)(46,500.00)(3,800.00) 105.68 2,500.00 10-4060-80-00 NSF Fees (30.00) 0.00 30.00 10-4210-80-00 Building Permits (1,950,000.00)(180,000.00)(2,130,000.00)(1,848,838.41)(344,807.28) 86.80 (281,161.59) 10-4230-80-00 Other Permits (159,200.00) (159,200.00)(125,868.80)(13,635.00) 79.06 (33,331.20) 10-4240-80-00 Plumb/Elect/Mech Permits (24,075.00) (24,075.00)(25,000.00)(3,800.00) 103.84 925.00 10-4242-80-00 Re-inspection Fees (24,600.00) (24,600.00)(24,760.00)(2,875.00) 100.65 160.00 10-4910-80-00 Other Revenue (3,800.00) (3,800.00)(3,234.53)(417.00) 85.12 (565.47) Subtotal object - 0 (2,205,675.00)(180,000.00)(2,385,675.00)(2,074,231.74)(369,334.28) 86.95 (311,443.26) Program number: (2,205,675.00)(180,000.00)(2,385,675.00)(2,074,231.74)(369,334.28) 86.95 (311,443.26) Department number: 80 Inspections (2,205,675.00)(180,000.00)(2,385,675.00)(2,074,231.74)(369,334.28) 86.95 (311,443.26) 10-4245-85-00 Health Inspections (9,525.00) (9,525.00)(12,075.00)(1,500.00) 126.77 2,550.00 10-4910-85-00 Other Revenue (5,000.00) (5,000.00)(615.00) 12.30 (4,385.00) Subtotal object - 0 (14,525.00) (14,525.00)(12,690.00)(1,500.00) 87.37 (1,835.00) Program number: (14,525.00) (14,525.00)(12,690.00)(1,500.00) 87.37 (1,835.00) Department number: 85 Code Enforcement (14,525.00) (14,525.00)(12,690.00)(1,500.00) 87.37 (1,835.00) 10-4220-90-00 Zoning Permits (35,000.00) (35,000.00)(12,240.85)(680.00) 34.97 (22,759.15) 10-4225-90-00 Plat Fees (50,000.00) (50,000.00)(66,652.60)(6,015.00) 133.31 16,652.60 10-4910-90-00 Other Revenue (1,000.00) (1,000.00)(269,439.00)(500.00) 268,439.00 Subtotal object - 0 (86,000.00) (86,000.00)(348,332.45)(7,195.00) 405.04 262,332.45 Program number: (86,000.00) (86,000.00)(348,332.45)(7,195.00) 405.04 262,332.45 Department number: 90 Planning (86,000.00) (86,000.00)(348,332.45)(7,195.00) 405.04 262,332.45 Revenue Subtotal - - - - - - (14,506,034.00)(180,000.00)(14,686,034.00)(13,534,943.08)(1,103,500.46) 92.16 (1,151,090.92) 10-5110-10-01 Salaries & Wages 267,788.00 (115,000.00)152,788.00 137,791.68 4,532.80 90.19 14,996.32 10-5115-10-01 Salaries - Overtime 4,852.00 4,852.00 1,808.14 37.27 3,043.86 10-5126-10-01 Salaries-Vacation Buy-Out 7,028.00 (3,800.00)3,228.00 3,200.00 99.13 28.00 10-5140-10-01 Salaries - Longevity Pay 200.00 200.00 195.00 97.50 5.00 10-5141-10-01 Salaries - Incentive 10,000.00 0.00 (10,000.00) 10-5142-10-01 Car Allowance 6,000.00 (3,969.00)2,031.00 2,261.55 111.35 (230.55) 10-5143-10-01 Cell Phone Allowance 1,080.00 (720.00)360.00 360.00 100.00 10-5145-10-01 Social Security Expense 12,141.00 (6,000.00)6,141.00 6,635.57 278.81 108.05 (494.57) 10-5150-10-01 Medicare Expense 4,018.00 4,018.00 2,191.20 65.21 54.54 1,826.80 10-5155-10-01 SUTA Expense 414.00 414.00 216.00 52.17 198.00 10-5160-10-01 Health Insurance 11,785.00 (6,000.00)5,785.00 2,647.99 45.77 3,137.01 10-5165-10-01 Dental Insurance 626.00 626.00 327.17 25.56 52.26 298.83 10-5170-10-01 Life Insurance/AD&D 302.00 302.00 204.79 7.88 67.81 97.21 10-5175-10-01 Liability (TML) Workers' Comp 555.00 555.00 485.87 87.54 69.13 10-5180-10-01 TMRS Expense 32,116.00 (15,000.00)17,116.00 17,796.09 538.04 103.97 (680.09) Item 4b 21 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget 10-5185-10-01 Long Term/Short Term Disabilit 456.00 456.00 0.00 456.00 10-5190-10-01 Contract Labor 17,500.00 (10,000.00)7,500.00 6,820.00 680.00 90.93 680.00 10-5210-10-01 Office Supplies 1,500.00 1,500.00 675.61 45.04 824.39 10-5212-10-01 Building Supplies 500.00 500.00 205.21 41.04 294.79 10-5230-10-01 Dues,Fees,& Subscriptions 5,130.00 (2,000.00)3,130.00 2,768.01 88.44 361.99 10-5240-10-01 Postage and Delivery 750.00 750.00 27.42 0.49 3.66 722.58 10-5250-10-01 Publications 450.00 450.00 0.00 450.00 10-5280-10-01 Printing and Reproduction 1,000.00 1,000.00 404.91 40.49 595.09 10-5330-10-01 Copier Expense 10,000.00 10,000.00 10,000.00 100.00 10-5340-10-01 Building Repairs 1,000.00 1,000.00 233.97 23.40 766.03 10-5410-10-01 Professional Services 25,000.00 186,689.00 211,689.00 108,938.26 24,125.33 99,275.74 51.46 3,475.00 10-5418-10-01 IT Fees 135,000.00 135,000.00 104,546.65 12,008.40 30,453.35 77.44 10-5430-10-01 Legal Fees 46,250.00 46,250.00 44,034.92 1,200.00 95.21 2,215.08 10-5480-10-01 Contracted Services 950.00 950.00 625.42 63.69 65.83 324.58 10-5520-10-01 Telephones 24,000.00 24,000.00 9,621.88 39.21 3,384.59 40.09 10,993.53 10-5524-10-01 Gas-Building 500.00 500.00 467.63 81.93 93.53 32.37 10-5525-10-01 Electricity 10,000.00 10,000.00 4,493.33 324.48 44.93 5,506.67 10-5526-10-01 Data Network 15,000.00 15,000.00 15,215.68 1,696.51 101.44 (215.68) 10-5530-10-01 Travel/Lodging/Meals Expense 5,000.00 (3,200.00)1,800.00 1,093.53 60.75 706.47 10-5533-10-01 Mileage Expense 1,250.00 (500.00)750.00 303.13 40.42 446.87 10-5536-10-01 Training/Seminars 1,600.00 (500.00)1,100.00 444.00 149.00 40.36 656.00 Subtotal object - 0 651,741.00 20,000.00 671,741.00 497,040.61 45,817.34 133,113.68 73.99 41,586.71 Program number: 1 Town Manager 651,741.00 20,000.00 671,741.00 497,040.61 45,817.34 133,113.68 73.99 41,586.71 10-5110-10-02 Salaries & Wages 68,205.00 68,205.00 54,064.76 5,834.96 79.27 14,140.24 10-5126-10-02 Salaries-Vacation Buy-Out 644.00 644.00 0.00 644.00 10-5140-10-02 Salaries - Longevity Pay 90.00 90.00 90.00 100.00 10-5143-10-02 Cell Phone Allowance 1,080.00 1,080.00 810.00 90.00 75.00 270.00 10-5145-10-02 Social Security Expense 4,274.00 4,274.00 3,409.00 367.49 79.76 865.00 10-5150-10-02 Medicare Expense 1,000.00 1,000.00 797.26 85.95 79.73 202.74 10-5155-10-02 SUTA Expense 207.00 207.00 9.00 4.35 198.00 10-5170-10-02 Life Insurance/AD&D 95.00 95.00 132.38 15.76 139.35 (37.38) 10-5175-10-02 Liability (TML) Workers' Comp 171.00 171.00 149.70 87.54 21.30 10-5180-10-02 TMRS Expense 7,988.00 7,988.00 6,336.93 703.29 79.33 1,651.07 10-5185-10-02 Long Term/Short Term Disabilit 156.00 156.00 0.00 156.00 10-5193-10-02 Records Retention 1,000.00 1,000.00 332.20 33.22 667.80 10-5210-10-02 Office Supplies 1,000.00 1,000.00 761.87 326.45 76.19 238.13 10-5230-10-02 Dues,Fees,& Subscriptions 1,000.00 1,000.00 618.00 78.00 61.80 382.00 10-5240-10-02 Postage and Delivery 750.00 (560.00)190.00 37.48 2.40 19.73 152.52 10-5280-10-02 Printing and Reproduction 100.00 100.00 99.45 99.45 0.55 10-5310-10-02 Rental Expense 5,000.00 5,000.00 3,951.74 1,302.05 79.04 1,048.26 10-5330-10-02 Copier Expense 1,300.00 1,300.00 0.00 1,300.00 10-5340-10-02 Building Repairs 250.00 250.00 231.47 92.59 18.53 10-5430-10-02 Legal Fees 10,000.00 7,000.00 17,000.00 11,289.81 1,478.41 66.41 5,710.19 10-5435-10-02 Legal Notices/Filings 5,000.00 5,000.00 3,978.41 2,049.26 79.57 1,021.59 10-5460-10-02 Election Expense 15,000.00 (8,300.00)6,700.00 3,729.78 63.08 55.67 2,970.22 10-5480-10-02 Contracted Services 39,702.00 39,702.00 25,237.10 3,000.00 14,400.00 63.57 64.90 10-5526-10-02 Data Network 460.00 460.00 227.94 75.98 49.55 232.06 10-5530-10-02 Travel/Lodging/Meals Expense 5,000.00 5,000.00 1,148.66 282.50 22.97 3,851.34 10-5533-10-02 Mileage Expense 1,000.00 1,000.00 230.66 23.07 769.34 10-5536-10-02 Training/Seminars 1,600.00 1,600.00 565.00 35.31 1,035.00 10-5538-10-02 Council/Public Official Expens 22,750.00 22,750.00 8,702.99 894.30 38.26 14,047.01 10-5600-10-02 Special Events 22,000.00 (1,330.00)20,670.00 14,467.19 1,648.13 69.99 6,202.81 Item 4b 22 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget Subtotal object - 0 213,632.00 213,632.00 141,408.78 18,298.01 14,400.00 66.19 57,823.22 Program number: 2 Town Secretary 213,632.00 213,632.00 141,408.78 18,298.01 14,400.00 66.19 57,823.22 10-5110-10-03 Salaries & Wages 372,679.00 372,679.00 281,134.18 17,110.88 75.44 91,544.82 10-5115-10-03 Salaries - Overtime 1,808.00 1,808.00 603.42 33.38 1,204.58 10-5126-10-03 Salaries-Vacation Buy-Out 3,350.00 3,350.00 1,683.64 50.26 1,666.36 10-5140-10-03 Salaries - Longevity Pay 745.00 745.00 195.00 26.17 550.00 10-5143-10-03 Cell Phone Allowance 1,080.00 1,080.00 345.00 75.00 31.94 735.00 10-5145-10-03 Social Security Expense 22,593.00 22,593.00 16,948.14 1,047.91 75.02 5,644.86 10-5150-10-03 Medicare Expense 5,505.00 5,505.00 3,968.80 245.07 72.09 1,536.20 10-5155-10-03 SUTA Expense 1,125.00 1,125.00 256.58 4.58 22.81 868.42 10-5160-10-03 Health Insurance 33,102.00 33,102.00 14,070.54 674.46 42.51 19,031.46 10-5165-10-03 Dental Insurance 1,564.00 1,564.00 930.38 76.68 59.49 633.62 10-5170-10-03 Life Insurance/AD&D 558.00 558.00 364.47 36.68 65.32 193.53 10-5175-10-03 Liability (TML) Workers' Comp 932.00 932.00 815.92 87.55 116.08 10-5180-10-03 TMRS Expense 43,992.00 43,992.00 28,292.35 2,044.12 64.31 15,699.65 10-5185-10-03 Long Term/Short Term Disabilit 855.00 855.00 0.00 855.00 10-5186-10-03 WELLE-Wellness Prog Reimb Empl 1,800.00 1,800.00 834.00 35.00 46.33 966.00 10-5190-10-03 Contract Labor 15,440.00 (1,800.00)13,640.00 4,220.00 500.00 30.94 9,420.00 10-5210-10-03 Office Supplies 1,500.00 1,500.00 2,849.39 322.51 189.96 (1,349.39) 10-5212-10-03 Building Supplies 1,000.00 1,000.00 582.04 165.65 58.20 417.96 10-5220-10-03 Office Equipment 855.00 855.00 804.86 94.14 50.14 10-5230-10-03 Dues,Fees,& Subscriptions 4,960.00 4,960.00 3,378.00 435.00 68.11 1,582.00 10-5240-10-03 Postage and Delivery 750.00 750.00 1,175.27 796.92 156.70 (425.27) 10-5265-10-03 Promotional Expense (306.00) 0.00 306.00 10-5280-10-03 Printing and Reproduction 1,000.00 1,000.00 335.93 0.00 1,000.00 10-5310-10-03 Rental Expense 18,500.00 18,500.00 12,929.80 1,567.60 6,270.40 69.89 (700.20) 10-5330-10-03 Copier Expense 20,520.00 20,520.00 13,424.72 6,238.01 6,369.00 65.42 726.28 10-5340-10-03 Building Repairs 1,500.00 1,500.00 1,000.33 66.69 499.67 10-5410-10-03 Professional Services 64,000.00 64,000.00 50,210.57 11,600.00 78.45 2,189.43 10-5412-10-03 Audit Fees 40,000.00 40,000.00 32,000.00 80.00 8,000.00 10-5414-10-03 Appraisal / Tax Fees 65,180.00 65,180.00 53,140.64 15,500.88 81.53 12,039.36 10-5418-10-03 IT Fees 9,480.00 7,000.00 16,480.00 0.00 16,480.00 10-5419-10-03 IT Licenses 19,500.00 (5,000.00)14,500.00 2,762.80 19.05 11,737.20 10-5430-10-03 Legal Fees 5,000.00 5,000.00 6,080.00 741.00 121.60 (1,080.00) 10-5435-10-03 Legal Notices/Filings (26.30) 0.00 26.30 10-5480-10-03 Contracted Services 9,550.00 1,800.00 11,350.00 11,255.50 129.00 99.17 94.50 10-5520-10-03 Telephones 51.72 31.14 0.00 (51.72) 10-5525-10-03 Electricity 3,684.61 409.85 0.00 (3,684.61) 10-5526-10-03 Data Network 279.41 75.98 0.00 (279.41) 10-5530-10-03 Travel/Lodging/Meals Expense 7,500.00 (2,000.00)5,500.00 1,333.87 24.25 4,166.13 10-5536-10-03 Training/Seminars 3,220.00 3,220.00 1,950.00 60.56 1,270.00 Subtotal object - 0 781,143.00 781,143.00 553,223.65 48,599.85 24,239.40 70.82 203,679.95 Program number: 3 Finance 781,143.00 781,143.00 553,223.65 48,599.85 24,239.40 70.82 203,679.95 10-5110-10-04 Salaries & Wages 101,783.00 101,783.00 72,703.73 7,762.24 71.43 29,079.27 10-5126-10-04 Salaries-Vacation Buy-Out 961.00 1,000.00 1,961.00 1,921.36 97.98 39.64 10-5140-10-04 Salaries - Longevity Pay 85.00 85.00 80.00 94.12 5.00 10-5145-10-04 Social Security Expense 6,413.00 6,413.00 4,173.94 426.79 65.09 2,239.06 10-5150-10-04 Medicare Expense 1,500.00 1,500.00 976.16 99.81 65.08 523.84 10-5155-10-04 SUTA Expense 207.00 207.00 9.00 4.35 198.00 10-5160-10-04 Health Insurance 11,781.00 11,781.00 7,397.12 856.80 62.79 4,383.88 10-5165-10-04 Dental Insurance 313.00 313.00 214.70 25.56 68.59 98.30 10-5170-10-04 Life Insurance/AD&D 95.00 95.00 176.40 21.00 185.68 (81.40) Item 4b 23 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget 10-5175-10-04 Liability (TML) Workers' Comp 254.00 254.00 222.36 87.54 31.64 10-5180-10-04 TMRS Expense 11,985.00 11,985.00 8,641.52 927.31 72.10 3,343.48 10-5185-10-04 Long Term/Short Term Disabilit 233.00 233.00 0.00 233.00 10-5186-10-04 WELLE-Wellness Prog Reimb Empl 600.00 600.00 420.00 50.00 70.00 180.00 10-5191-10-04 Hiring Cost 25,050.00 (9,000.00)16,050.00 5,099.71 245.57 31.77 10,950.29 10-5210-10-04 Office Supplies 1,824.00 1,824.00 852.35 99.00 46.73 971.65 10-5220-10-04 Office Equipment 5,500.00 5,500.00 3,758.14 68.33 1,741.86 10-5230-10-04 Dues,Fees,& Subscriptions 5,530.00 5,530.00 3,607.81 65.24 1,922.19 10-5240-10-04 Postage and Delivery 750.00 750.00 56.94 0.49 7.59 693.06 10-5250-10-04 Publications 350.00 350.00 0.00 350.00 10-5280-10-04 Printing and Reproduction 2,000.00 2,000.00 0.00 2,000.00 10-5290-10-04 Miscellaneous Expense 5,000.00 (5,000.00) 0.00 10-5410-10-04 Professional Services 32,000.00 (2,000.00)30,000.00 24,764.67 278.50 82.55 5,235.33 10-5419-10-04 IT Licenses 3,000.00 3,000.00 2,720.00 90.67 280.00 10-5430-10-04 Legal Fees 10,000.00 (1,500.00)8,500.00 38.00 38.00 0.45 8,462.00 10-5520-10-04 Telephones 154.30 102.88 0.00 (154.30) 10-5530-10-04 Travel/Lodging/Meals Expense 4,600.00 4,600.00 1,559.31 361.20 33.90 3,040.69 10-5536-10-04 Training/Seminars 5,000.00 5,000.00 752.50 15.05 4,247.50 10-5600-10-04 Special Events 5,000.00 5,500.00 10,500.00 6,258.86 (56.10) 59.61 4,241.14 Subtotal object - 0 241,814.00 (11,000.00)230,814.00 146,558.88 11,239.05 63.50 84,255.12 Program number: 4 Human Resources 241,814.00 (11,000.00)230,814.00 146,558.88 11,239.05 63.50 84,255.12 Department number: 10 Administration 1,888,330.00 9,000.00 1,897,330.00 1,338,231.92 123,954.25 171,753.08 70.53 387,345.00 10-5110-20-00 Salaries & Wages 1,187,364.00 (17,200.00)1,170,164.00 737,422.36 90,990.95 63.02 432,741.64 10-5115-20-00 Salaries - Overtime 55,586.00 55,586.00 44,409.92 5,789.25 79.89 11,176.08 10-5126-20-00 Salaries-Vacation Buy-Out 8,689.00 8,689.00 5,132.40 1,953.36 59.07 3,556.60 10-5127-20-00 Salaries-Certification Pay 14,580.00 14,580.00 11,276.23 1,236.92 77.34 3,303.77 10-5140-20-00 Salaries - Longevity Pay 4,215.00 4,215.00 4,215.00 100.00 10-5143-20-00 Cell Phone Allowance 1,080.00 1,080.00 895.00 115.00 82.87 185.00 10-5145-20-00 Social Security Expense 74,673.00 74,673.00 48,148.01 5,902.74 64.48 26,524.99 10-5150-20-00 Medicare Expense 17,665.00 17,665.00 11,260.39 1,380.47 63.74 6,404.61 10-5155-20-00 SUTA Expense 3,882.00 3,882.00 376.09 5.50 9.69 3,505.91 10-5160-20-00 Health Insurance 111,759.00 111,759.00 60,956.38 9,645.98 54.54 50,802.62 10-5165-20-00 Dental Insurance 6,043.00 6,043.00 3,199.77 460.08 52.95 2,843.23 10-5170-20-00 Life Insurance/AD&D 4,992.00 4,992.00 3,504.85 495.44 70.21 1,487.15 10-5175-20-00 Liability (TML) Workers' Comp 27,440.00 27,440.00 24,784.34 90.32 2,655.66 10-5180-20-00 TMRS Expense 139,390.00 139,390.00 93,336.21 11,899.06 66.96 46,053.79 10-5185-20-00 Long Term/Short Term Disabilit 3,933.00 3,933.00 0.00 3,933.00 10-5186-20-00 WELLE-Wellness Prog Reimb Empl 2,400.00 2,400.00 1,737.00 220.00 72.38 663.00 10-5190-20-00 Contract Labor 6,000.00 6,000.00 5,320.00 560.00 88.67 680.00 10-5191-20-00 Hiring Cost 375.00 0.00 (375.00) 10-5192-20-00 Physical & Psychological 1,200.00 1,200.00 300.00 25.00 900.00 10-5210-20-00 Office Supplies 9,375.00 9,375.00 5,450.25 660.58 58.14 3,924.75 10-5212-20-00 Building Supplies 900.00 900.00 109.00 12.11 791.00 10-5214-20-00 Tactical Supplies 24,669.00 24,669.00 12,774.03 109.75 8,213.41 51.78 3,681.56 10-5215-20-00 Ammunition 7,000.00 7,000.00 6,182.30 732.32 456.13 88.32 361.57 10-5220-20-00 Office Equipment 13,612.00 (1,000.00)12,612.00 2,815.24 22.32 9,796.76 10-5230-20-00 Dues,Fees,& Subscriptions 8,500.00 8,500.00 6,178.59 54.99 72.69 2,321.41 10-5240-20-00 Postage and Delivery 750.00 750.00 669.63 107.84 89.28 80.37 10-5250-20-00 Publications 400.00 400.00 0.00 400.00 10-5260-20-00 Advertising 1,000.00 1,000.00 0.00 1,000.00 10-5265-20-00 Promotional Expense 1,500.00 1,500.00 225.00 225.00 15.00 1,275.00 10-5280-20-00 Printing and Reproduction 500.00 500.00 139.98 28.00 360.02 Item 4b 24 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget 10-5310-20-00 Rental Expense 4,200.00 4,200.00 3,249.00 324.90 77.36 951.00 10-5335-20-00 Radio/Video Repairs 2,000.00 2,000.00 0.00 2,000.00 10-5340-20-00 Building Repairs 2,000.00 4,700.00 6,700.00 4,840.00 72.24 1,860.00 10-5350-20-00 Vehicle Expense 50,000.00 50,000.00 22,949.84 3,849.02 3,700.75 45.90 23,349.41 10-5352-20-00 Fuel 60,000.00 (4,600.00)55,400.00 29,875.54 7,957.12 53.93 25,524.46 10-5353-20-00 Oil/Grease/Inspections 2,500.00 2,500.00 105.00 4.20 2,395.00 10-5400-20-00 Uniform Expense 17,000.00 17,000.00 11,272.72 74.50 66.31 5,727.28 10-5410-20-00 Professional Services 1,600.00 1,600.00 (196.00) (12.25)1,796.00 10-5415-20-00 Tuition Reimbursement 5,050.00 0.00 (5,050.00) 10-5418-20-00 IT Fees 3,950.00 3,950.00 0.00 3,950.00 10-5419-20-00 IT Licenses 3,000.00 3,000.00 0.00 3,000.00 10-5430-20-00 Legal Fees 7,550.00 11,000.00 18,550.00 11,578.82 62.42 6,971.18 10-5480-20-00 Contracted Services 22,290.00 3,000.00 25,290.00 22,240.08 3,029.00 87.94 3,049.92 10-5520-20-00 Telephones 16,200.00 (500.00)15,700.00 6,060.70 787.03 38.60 9,639.30 10-5524-20-00 Gas-Building 400.00 400.00 496.89 124.22 (96.89) 10-5525-20-00 Electricity 10,000.00 10,000.00 6,836.27 802.08 68.36 3,163.73 10-5526-20-00 Data Network 13,760.00 13,760.00 3,557.83 1,039.45 25.86 10,202.17 10-5530-20-00 Travel/Lodging/Meals Expense 8,225.00 8,225.00 111.28 (971.19) 1.35 8,113.72 10-5533-20-00 Mileage Expense 2,500.00 2,500.00 0.00 2,500.00 10-5536-20-00 Training/Seminars 20,600.00 20,600.00 7,405.06 1,160.00 35.95 13,194.94 10-5600-20-00 Special Events 4,000.00 4,000.00 2,043.18 137.50 51.08 1,956.82 10-5630-20-00 Safety Equipment 28,500.00 (3,000.00)25,500.00 12,155.97 47.67 13,344.03 10-5640-20-00 Signs & Hardware 1,000.00 1,000.00 0.00 1,000.00 10-6140-20-00 Capital Expenditure - Equipmen 5,000.00 5,000.00 4,999.00 99.98 1.00 Subtotal object - 0 2,020,372.00 (2,600.00)2,017,772.00 1,245,824.15 150,734.64 12,370.29 61.74 759,577.56 Program number: 2,020,372.00 (2,600.00)2,017,772.00 1,245,824.15 150,734.64 12,370.29 61.74 759,577.56 Department number: 20 Police 2,020,372.00 (2,600.00)2,017,772.00 1,245,824.15 150,734.64 12,370.29 61.74 759,577.56 10-5110-25-00 Salaries & Wages 332,302.00 332,302.00 224,652.29 24,066.02 67.61 107,649.71 10-5115-25-00 Salaries - Overtime 13,952.00 13,952.00 8,345.52 753.22 59.82 5,606.48 10-5126-25-00 Salaries-Vacation Buy-Out 3,040.00 3,040.00 751.20 24.71 2,288.80 10-5127-25-00 Salaries-Certification Pay 8,820.00 8,820.00 6,377.34 678.44 72.31 2,442.66 10-5140-25-00 Salaries - Longevity Pay 990.00 990.00 970.00 97.98 20.00 10-5145-25-00 Social Security Expense 21,548.00 21,548.00 14,258.70 1,500.49 66.17 7,289.30 10-5150-25-00 Medicare Expense 5,039.00 5,039.00 3,334.69 350.92 66.18 1,704.31 10-5155-25-00 SUTA Expense 1,656.00 1,656.00 70.82 3.18 4.28 1,585.18 10-5160-25-00 Health Insurance 33,904.00 33,904.00 18,359.09 1,846.92 54.15 15,544.91 10-5165-25-00 Dental Insurance 1,877.00 1,877.00 1,451.81 153.36 77.35 425.19 10-5170-25-00 Life Insurance 662.00 662.00 447.58 47.28 67.61 214.42 10-5175-25-00 Liability (TML) Workers' Comp 831.00 831.00 727.50 87.55 103.50 10-5180-25-00 TMRS Expense 40,273.00 40,273.00 26,860.24 2,660.02 66.70 13,412.76 10-5185-25-00 Long Term/Short Term Disabilit 711.00 711.00 0.00 711.00 10-5186-25-00 WELLE-Wellness Prog Reimb Empl 2,400.00 2,400.00 714.00 85.00 29.75 1,686.00 10-5192-25-00 Physical & Psychological 1,300.00 1,300.00 0.00 1,300.00 10-5210-25-00 Supplies 2,500.00 2,500.00 524.51 20.98 1,975.49 10-5212-25-00 Building Supplies 1,500.00 1,500.00 304.22 20.28 1,195.78 10-5220-25-00 Office Equipment 2,440.00 1,500.00 3,940.00 2,465.97 2,051.76 62.59 1,474.03 10-5230-25-00 Dues,Fees,& Subscriptions 2,000.00 2,000.00 724.14 58.02 36.21 1,275.86 10-5240-25-00 Postage and Delivery 100.00 100.00 25.76 10.79 25.76 74.24 10-5250-25-00 Publications 100.00 100.00 0.00 100.00 10-5280-25-00 Printing and Reproduction 100.00 100.00 0.00 100.00 10-5340-25-00 Building Repairs 1,800.00 1,800.00 638.55 69.00 35.48 1,161.45 10-5400-25-00 Uniform Expense 2,500.00 2,500.00 35.99 1.44 2,464.01 Item 4b 25 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget 10-5418-25-00 IT Fees 4,500.00 4,500.00 0.00 4,500.00 10-5419-25-00 IT Licenses 5,000.00 5,000.00 0.00 5,000.00 10-5430-25-00 Legal Fees 2,450.00 2,450.00 0.00 2,450.00 10-5480-25-00 Contracted Services 152,825.00 152,825.00 111,357.82 38,472.50 72.87 2,994.68 10-5520-25-00 Telephones 500.00 500.00 457.36 237.35 91.47 42.64 10-5524-25-00 Gas-Building 600.00 600.00 208.77 84.37 34.80 391.23 10-5530-25-00 Travel/Lodging/Meals Expense 2,000.00 2,000.00 4.00 0.20 1,996.00 10-5533-25-00 Mileage Expense 1,000.00 1,000.00 61.50 6.15 938.50 10-5536-25-00 Training/Seminars 12,000.00 12,000.00 1,392.08 50.00 11.60 10,607.92 10-5600-25-00 Special Events 1,000.00 1,000.00 0.00 1,000.00 Subtotal object - 0 663,120.00 2,600.00 665,720.00 425,521.45 34,706.14 38,472.50 63.92 201,726.05 Program number: 663,120.00 2,600.00 665,720.00 425,521.45 34,706.14 38,472.50 63.92 201,726.05 Department number: 25 Dispatch Department 663,120.00 2,600.00 665,720.00 425,521.45 34,706.14 38,472.50 63.92 201,726.05 10-5110-30-00 Salaries & Wages 2,105,209.00 (26,050.00)2,079,159.00 1,071,409.69 133,158.53 51.53 1,007,749.31 10-5115-30-00 Salaries - Overtime 237,097.00 237,097.00 142,784.37 21,096.31 60.22 94,312.63 10-5126-30-00 Salaries-Vacation Buy-Out 18,757.00 18,757.00 0.00 18,757.00 10-5127-30-00 Salaries-Certification Pay 20,341.00 20,341.00 15,468.57 1,814.74 76.05 4,872.43 10-5140-30-00 Salaries - Longevity Pay 9,340.00 9,340.00 8,780.00 94.00 560.00 10-5141-30-00 Salaries - Incentive 1,650.00 1,650.00 1,650.00 100.00 10-5143-30-00 Cell Phone Allowance 4,680.00 4,680.00 3,170.00 415.00 67.74 1,510.00 10-5145-30-00 Social Security Expense 110,585.00 110,585.00 72,801.69 9,107.40 65.83 37,783.31 10-5150-30-00 Medicare Expense 25,862.00 25,862.00 17,026.26 2,129.95 65.84 8,835.74 10-5155-30-00 SUTA Expense 7,038.00 7,038.00 257.43 (6.47) 3.66 6,780.57 10-5160-30-00 Health Insurance 107,116.00 107,116.00 102,851.82 14,106.04 96.02 4,264.18 10-5165-30-00 Dental Insurance 6,257.00 6,257.00 4,463.12 639.00 71.33 1,793.88 10-5170-30-00 Life Insurance/AD&D 6,302.00 6,302.00 4,805.93 682.76 76.26 1,496.07 10-5171-30-00 Life Insurance-Supplemental 8,000.00 8,000.00 7,920.00 99.00 80.00 10-5175-30-00 Liability (TML) Workers Comp 35,184.00 35,184.00 31,945.84 90.80 3,238.16 10-5180-30-00 TMRS Expense 206,677.00 206,677.00 139,356.97 18,173.86 67.43 67,320.03 10-5185-30-00 Long Term/Short Term Disabilit 2,945.00 2,945.00 0.00 2,945.00 10-5186-30-00 WELLE-Wellness Prog Reimb Empl 9,000.00 9,000.00 3,912.00 370.00 43.47 5,088.00 10-5190-30-00 Contract Labor 720.00 720.00 0.00 720.00 10-5194-30-00 FD Annual Phy & Screening 20,000.00 20,000.00 10,115.00 50.58 9,885.00 10-5210-30-00 Office Supplies 4,598.00 4,598.00 2,182.74 47.47 2,415.26 10-5212-30-00 Building Supplies 4,000.00 4,000.00 2,455.71 61.39 1,544.29 10-5230-30-00 Dues,Fees,& Subscriptions 4,800.00 4,800.00 4,299.68 89.58 500.32 10-5240-30-00 Postage and Delivery 250.00 250.00 64.55 25.82 185.45 10-5250-30-00 Publications 350.00 350.00 0.00 350.00 10-5280-30-00 Printing and Reproduction 1,200.00 1,200.00 555.40 46.28 644.60 10-5320-30-00 Repairs & Maintenance 6,500.00 6,500.00 5,918.84 91.06 581.16 10-5335-30-00 Radio/Video Repairs 14,700.00 14,700.00 1,220.03 8.30 13,479.97 10-5340-30-00 Building Repairs 14,700.00 66,707.00 81,407.00 77,082.58 441.98 94.69 4,324.42 10-5350-30-00 Vehicle Expense 35,000.00 35,000.00 20,413.13 2,131.43 58.32 14,586.87 10-5352-30-00 Fuel 35,000.00 35,000.00 10,881.40 2,754.58 31.09 24,118.60 10-5400-30-00 Uniform Expense 43,824.00 43,824.00 19,049.71 10,310.76 10,000.00 43.47 14,774.29 10-5410-30-00 Professional Services 7,500.00 7,500.00 0.00 7,500.00 10-5415-30-00 Tuition Reimbursement 200.00 200.00 200.00 100.00 10-5418-30-00 IT Fees 7,500.00 7,500.00 0.00 7,500.00 10-5430-30-00 Legal Fees 2,000.00 2,000.00 247.00 12.35 1,753.00 10-5440-30-00 EMS 96,000.00 21,950.00 117,950.00 76,576.45 23,056.97 64.92 18,316.58 10-5445-30-00 Emergency Management Expense 27,100.00 27,100.00 13,917.22 175.00 51.36 13,182.78 10-5480-30-00 Contracted Services 6,530.00 6,530.00 480.00 60.00 7.35 6,050.00 Item 4b 26 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget 10-5520-30-00 Telephones 20,500.00 20,500.00 5,057.34 258.55 2,553.88 24.67 12,888.78 10-5524-30-00 Gas - Building 7,000.00 7,000.00 3,089.98 110.92 44.14 3,910.02 10-5525-30-00 Electricity 22,000.00 22,000.00 10,570.31 1,347.47 48.05 11,429.69 10-5526-30-00 Data Network 12,442.00 6,500.00 18,942.00 17,083.46 2,137.14 90.19 1,858.54 10-5530-30-00 Travel/Lodging/Meals Expense 3,000.00 3,000.00 2,256.60 (68.56) 75.22 743.40 10-5533-30-00 Mileage Expense 1,500.00 1,500.00 578.55 7.71 38.57 921.45 10-5536-30-00 Training/Seminars 18,000.00 18,000.00 11,124.94 450.00 61.81 6,875.06 10-5610-30-00 Fire Fighting Equipment 18,000.00 18,000.00 9,047.23 681.33 50.26 8,952.77 10-5630-30-00 Safety Equipment 25,000.00 25,000.00 14,366.98 7,295.95 57.47 10,633.02 Subtotal object - 0 3,380,104.00 70,957.00 3,451,061.00 1,947,438.52 229,781.38 35,610.85 56.43 1,468,011.63 Program number: 3,380,104.00 70,957.00 3,451,061.00 1,947,438.52 229,781.38 35,610.85 56.43 1,468,011.63 Department number: 30 Fire/EMS 3,380,104.00 70,957.00 3,451,061.00 1,947,438.52 229,781.38 35,610.85 56.43 1,468,011.63 10-5110-35-00 Salaries & Wages 86,828.00 86,828.00 63,156.84 6,816.00 72.74 23,671.16 10-5115-35-00 Salaries - Overtime 1,200.00 1,200.00 696.79 58.07 503.21 10-5126-35-00 Salaries-Vacation Buy-Out 1,199.00 1,199.00 0.00 1,199.00 10-5140-35-00 Salaries - Longevity Pay 635.00 635.00 630.00 99.21 5.00 10-5143-35-00 Cell Phone Allowance 1,080.00 1,080.00 720.00 90.00 66.67 360.00 10-5145-35-00 Social Security Expense 5,602.00 5,602.00 3,517.76 359.41 62.80 2,084.24 10-5150-35-00 Medicare Expense 1,310.00 1,310.00 822.67 84.05 62.80 487.33 10-5155-35-00 SUTA Expense 207.00 207.00 (28.02) (13.54)235.02 10-5160-35-00 Health Insurance 6,608.00 6,608.00 4,237.72 545.68 64.13 2,370.28 10-5165-35-00 Dental Insurance 313.00 313.00 195.66 25.56 62.51 117.34 10-5170-35-00 Life Insurance/AD&D 315.00 315.00 201.00 26.26 63.81 114.00 10-5175-35-00 Liability (TML) Workers' Comp 1,787.00 1,787.00 1,564.43 87.55 222.57 10-5180-35-00 TMRS Expense 10,469.00 10,469.00 7,510.82 819.74 71.74 2,958.18 10-5185-35-00 Long Term/Short Term Disabilit 194.00 194.00 0.00 194.00 10-5186-35-00 WELLE-Wellness Prog Reimb Empl 600.00 (156.00)444.00 0.00 444.00 10-5193-35-00 Records Retention 250.00 250.00 0.00 250.00 10-5194-35-00 FD Annual Phy & Screening 651.00 156.00 807.00 806.50 99.94 0.50 10-5210-35-00 Supplies 300.00 300.00 0.00 300.00 10-5215-35-00 Ammunition 1,000.00 1,000.00 0.00 1,000.00 10-5220-35-00 Office Equipment 200.00 200.00 58.15 29.08 141.85 10-5230-35-00 Dues,Fees,& Subscriptions 600.00 600.00 255.00 165.00 42.50 345.00 10-5240-35-00 Postage and Delivery 60.00 60.00 12.73 6.98 21.22 47.27 10-5250-35-00 Publications 550.00 550.00 0.00 550.00 10-5260-35-00 Advertising 2,000.00 2,000.00 0.00 2,000.00 10-5280-35-00 Printing and Reproduction 500.00 500.00 164.68 (1.58) 32.94 335.32 10-5350-35-00 Vehicle Expense 800.00 800.00 71.98 9.00 728.02 10-5352-35-00 Fuel 2,000.00 2,000.00 966.30 136.93 48.32 1,033.70 10-5353-35-00 Oil/Grease/Inspections 500.00 500.00 0.00 500.00 10-5400-35-00 Uniform Expense 1,050.00 1,050.00 188.00 17.91 862.00 10-5418-35-00 IT Fees 200.00 200.00 0.00 200.00 10-5430-35-00 Legal Fees 5,000.00 5,000.00 228.00 4.56 4,772.00 10-5480-35-00 Contracted Services 2,000.00 2,000.00 0.00 2,000.00 10-5520-35-00 Telephones 1,200.00 1,200.00 0.00 1,200.00 10-5526-35-00 Data Network 800.00 800.00 303.92 75.98 37.99 496.08 10-5530-35-00 Travel/Lodging/Meals Expense 500.00 500.00 0.00 500.00 10-5536-35-00 Training/Seminars 3,200.00 3,200.00 768.14 483.28 24.00 2,431.86 10-5620-35-00 Tools & Equipment 200.00 200.00 85.44 42.72 114.56 10-5630-35-00 Safety Equipment 1,000.00 1,000.00 26.93 2.69 973.07 10-5640-35-00 Signs & Hardware 1,250.00 1,250.00 0.00 1,250.00 Subtotal object - 0 144,158.00 144,158.00 87,161.44 9,633.29 60.46 56,996.56 Item 4b 27 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget Program number: 144,158.00 144,158.00 87,161.44 9,633.29 60.46 56,996.56 Department number: 35 Fire Marshal 144,158.00 144,158.00 87,161.44 9,633.29 60.46 56,996.56 10-5110-40-00 Salaries & Wages 96,351.00 96,351.00 78,304.15 8,500.26 81.27 18,046.85 10-5115-40-00 Salaries - Overtime 7,629.00 7,629.00 6,243.28 322.36 81.84 1,385.72 10-5126-40-00 Salaries-Vacation Buy-Out 909.00 909.00 0.00 909.00 10-5140-40-00 Salaries - Longevity Pay 1,120.00 1,120.00 1,120.00 100.00 10-5145-40-00 Social Security Expense 6,174.00 6,174.00 5,101.11 521.37 82.62 1,072.89 10-5150-40-00 Medicare Expense 1,444.00 1,444.00 1,192.99 121.93 82.62 251.01 10-5155-40-00 SUTA Expense 414.00 414.00 18.00 4.35 396.00 10-5160-40-00 Health Insurance 8,724.00 8,724.00 7,638.74 873.66 87.56 1,085.26 10-5165-40-00 Dental Insurance 626.00 626.00 429.41 51.12 68.60 196.59 10-5170-40-00 Life Insurance/AD&D 189.00 189.00 132.38 15.76 70.04 56.62 10-5175-40-00 Liability (TML) Workers Comp 646.00 646.00 565.54 87.55 80.46 10-5180-40-00 TMRS Expense 11,539.00 11,539.00 9,889.37 1,047.24 85.70 1,649.63 10-5185-40-00 Long Term/Short Term Disabilit 220.00 220.00 0.00 220.00 10-5186-40-00 WELLE-Wellness Prog Reimb Empl 1,200.00 1,200.00 84.00 7.00 1,116.00 10-5210-40-00 Office Supplies 600.00 600.00 126.07 21.01 473.93 10-5230-40-00 Dues,Fees,& Subscriptions 200.00 200.00 0.00 200.00 10-5250-40-00 Publications 50.00 50.00 0.00 50.00 10-5310-40-00 Rental Expense 14,000.00 14,000.00 12,478.07 89.13 1,521.93 10-5320-40-00 Repairs & Maintenance 4,000.00 4,000.00 3,236.98 80.93 763.02 10-5321-40-00 Signal Light Repairs 6,400.00 (4,400.00)2,000.00 1,344.74 1,344.74 67.24 655.26 10-5340-40-00 Building Repairs 2,500.00 2,500.00 1,177.83 47.11 1,322.17 10-5350-40-00 Vehicle Expense 6,500.00 6,500.00 2,794.24 42.99 3,705.76 10-5352-40-00 Fuel 10,100.00 (7,000.00)3,100.00 1,812.49 551.35 58.47 1,287.51 10-5353-40-00 Oil/Grease/Inspections 800.00 800.00 182.00 40.00 22.75 618.00 10-5400-40-00 Uniform Expense 3,500.00 3,500.00 1,170.61 33.45 2,329.39 10-5430-40-00 Legal Fees 57.00 57.00 57.00 100.00 10-5480-40-00 Contracted Services 23,200.00 23,200.00 49,500.00 213.36 (26,300.00) 10-5520-40-00 Telephones 1,300.00 1,300.00 550.03 173.07 42.31 749.97 10-5521-40-00 Cell Phone Expense 1,000.00 1,000.00 0.00 1,000.00 10-5525-40-00 Electricity 100,000.00 20,306.00 120,306.00 96,349.37 11,755.89 80.09 23,956.63 10-5526-40-00 Data Network 37.00 37.00 58.20 7.32 157.30 (21.20) 10-5530-40-00 Travel/Lodging/Meals Expense 800.00 800.00 0.00 800.00 10-5536-40-00 Training/Seminars 800.00 800.00 934.90 395.00 116.86 (134.90) 10-5620-40-00 Tools & Equipment 3,000.00 3,000.00 3,381.17 633.49 112.71 (381.17) 10-5630-40-00 Safety Equipment 2,000.00 2,000.00 344.98 17.25 1,655.02 10-5640-40-00 Signs & Hardware 25,000.00 25,000.00 9,858.88 3,118.79 39.44 15,141.12 10-5650-40-00 Maintenance Materials 106,000.00 (9,000.00)97,000.00 39,691.23 10,976.63 17,875.19 40.92 39,433.58 Subtotal object - 0 448,935.00 448,935.00 335,767.76 40,449.98 17,875.19 74.79 95,292.05 Program number: 448,935.00 448,935.00 335,767.76 40,449.98 17,875.19 74.79 95,292.05 Department number: 40 Streets 448,935.00 448,935.00 335,767.76 40,449.98 17,875.19 74.79 95,292.05 10-5110-45-00 Salaries & Wages 103,324.00 103,324.00 58,384.50 6,098.03 56.51 44,939.50 10-5126-45-00 Salaries-Vacation Buy-Out 216.00 216.00 0.00 216.00 10-5145-45-00 Social Security Expense 6,419.00 6,419.00 3,621.70 378.32 56.42 2,797.30 10-5150-45-00 Medicare Expense 1,501.00 1,501.00 846.99 88.48 56.43 654.01 10-5155-45-00 SUTA Expense 828.00 828.00 126.62 2.17 15.29 701.38 10-5165-45-00 Dental Insurance 313.00 313.00 214.70 25.56 68.59 98.30 10-5170-45-00 Life Insurance 95.00 95.00 66.19 7.88 69.67 28.81 10-5175-45-00 Liability (TML)/Workers' Comp 265.00 265.00 231.99 87.54 33.01 10-5180-45-00 TMRS Expense 11,998.00 11,998.00 4,397.26 465.40 36.65 7,600.74 10-5185-45-00 Long Term/Short Term Disabilit 106.00 106.00 0.00 106.00 Item 4b 28 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget 10-5210-45-00 Supplies 4,800.00 1,200.00 6,000.00 3,871.26 230.21 64.52 2,128.74 10-5212-45-00 Building Supplies 500.00 500.00 744.46 148.89 (244.46) 10-5220-45-00 Office Equipment 3,000.00 3,000.00 2,825.55 294.19 94.19 174.45 10-5230-45-00 Dues,Fees,& Subscriptions 7,600.00 7,600.00 5,180.18 (205.00) 68.16 2,419.82 10-5240-45-00 Postage and Delivery 400.00 400.00 529.72 501.05 132.43 (129.72) 10-5250-45-00 Publications 500.00 500.00 0.00 500.00 10-5260-45-00 Advertising 600.00 600.00 0.00 (600.00) 10-5280-45-00 Printing and Reproduction 532.50 532.50 0.00 (532.50) 10-5281-45-00 Book Purchases 15,000.00 15,000.00 14,158.42 890.61 94.39 841.58 10-5400-45-00 Uniform Expense 233.00 0.00 (233.00) 10-5418-45-00 IT Fees 1,875.00 1,875.00 325.00 75.00 17.33 1,550.00 10-5480-45-00 Contracted Services 5,652.00 5,652.00 1,300.00 23.00 4,352.00 10-5520-45-00 Telephones 500.00 500.00 425.11 70.19 85.02 74.89 10-5525-45-00 Electricity 5,500.00 5,500.00 0.00 5,500.00 10-5530-45-00 Travel 1,700.00 1,700.00 496.48 212.55 29.21 1,203.52 10-5533-45-00 Mileage Expense 1,000.00 1,000.00 636.92 38.63 63.69 363.08 10-5536-45-00 Training/Seminars 1,500.00 1,500.00 99.95 6.66 1,400.05 10-5600-45-00 Special Events 600.00 600.00 828.89 187.50 138.15 (228.89) 10-5640-45-00 Signs & Hardware 75.00 0.00 (75.00) Subtotal object - 0 175,192.00 1,200.00 176,392.00 100,752.39 10,493.27 57.12 75,639.61 Program number: 175,192.00 1,200.00 176,392.00 100,752.39 10,493.27 57.12 75,639.61 Department number: 45 Public Library 175,192.00 1,200.00 176,392.00 100,752.39 10,493.27 57.12 75,639.61 10-5110-60-01 Salaries & Wages 171,802.00 171,802.00 112,041.71 14,627.52 65.22 59,760.29 10-5115-60-01 Salaries - Overtime 111.04 111.04 0.00 (111.04) 10-5126-60-01 Salaries-Vacation Buy-Out 1,077.00 1,077.00 0.00 1,077.00 10-5140-60-01 Salaries - Longevity Pay 185.00 185.00 175.00 94.60 10.00 10-5145-60-01 Social Security Expense 10,767.00 10,767.00 6,660.67 846.26 61.86 4,106.33 10-5150-60-01 Medicare Expense 2,518.00 2,518.00 1,557.73 197.91 61.86 960.27 10-5155-60-01 SUTA Expense 569.00 569.00 25.75 3.51 4.53 543.25 10-5160-60-01 Health Insurance 18,085.00 18,085.00 12,081.40 1,920.46 66.80 6,003.60 10-5165-60-01 Dental Insurance 896.00 896.00 480.53 76.68 53.63 415.47 10-5170-60-01 Life Insurance/AD&D 196.00 196.00 148.14 23.64 75.58 47.86 10-5175-60-01 Liability (TML) Workers Comp 906.00 906.00 793.16 87.55 112.84 10-5180-60-01 TMRS Expense 19,858.00 19,858.00 13,057.73 1,759.54 65.76 6,800.27 10-5185-60-01 Long Term/Short Term Disabilit 1,217.00 1,217.00 0.00 1,217.00 10-5186-60-01 WELLE-Wellness Prog Reimb Empl 600.00 600.00 714.00 85.00 119.00 (114.00) 10-5190-60-01 Contract Labor 780.00 780.00 420.00 60.00 53.85 360.00 10-5210-60-01 Office Supplies 2,375.00 2,375.00 2,419.48 630.94 101.87 (44.48) 10-5220-60-01 Office Equipment 8,162.00 8,162.00 1,376.21 3.56 16.86 6,785.79 10-5230-60-01 Dues,Fees,& Subscriptions 3,150.00 3,150.00 1,669.06 585.94 52.99 1,480.94 10-5240-60-01 Postage and Delivery 7.82 0.00 (7.82) 10-5310-60-01 Rental Expense 1,812.00 0.00 (1,812.00) 10-5320-60-01 Repairs & Maintenance 24,400.00 24,400.00 22,680.00 92.95 1,720.00 10-5400-60-01 Uniform Expense 300.00 300.00 277.68 277.68 92.56 22.32 10-5410-60-01 Professional Services 77,182.00 77,182.00 50,766.14 2,443.37 26,716.02 65.78 (300.16) 10-5418-60-01 IT Fees 3,100.00 500.00 3,600.00 803.48 90.00 22.32 2,796.52 10-5430-60-01 Legal Fees 5,000.00 5,000.00 2,617.30 242.30 52.35 2,382.70 10-5520-60-01 Telephones 5,900.00 5,900.00 5,162.77 968.07 87.51 737.23 10-5526-60-01 Data Network 1,700.00 1,700.00 1,321.36 77.73 378.64 10-5530-60-01 Travel/Lodging/Meals Expense 3,800.00 3,800.00 2,715.13 51.90 71.45 1,084.87 10-5533-60-01 Mileage Expense 2,225.00 2,225.00 1,103.72 61.24 49.61 1,121.28 10-5536-60-01 Training/Seminars 7,350.00 7,350.00 677.40 9.22 6,672.60 Item 4b 29 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget 10-5600-60-01 Special Events 1,986.00 1,986.00 1,985.40 99.97 0.60 Subtotal object - 0 271,738.00 104,848.00 376,586.00 245,661.81 25,066.56 26,716.02 65.23 104,208.17 Program number: 1 Parks Administration 271,738.00 104,848.00 376,586.00 245,661.81 25,066.56 26,716.02 65.23 104,208.17 10-5110-60-02 Salaries & Wages 419,808.00 419,808.00 300,050.62 32,529.60 71.47 119,757.38 10-5115-60-02 Salaries - Overtime 13,477.00 13,477.00 12,495.31 2,773.30 92.72 981.69 10-5126-60-02 Salaries-Vacation Buy-Out 3,757.00 3,757.00 1,257.60 33.47 2,499.40 10-5140-60-02 Salaries - Longevity Pay 2,215.00 2,215.00 2,230.00 100.68 (15.00) 10-5143-60-02 Cell Phone Allowance 180.00 90.00 0.00 (180.00) 10-5145-60-02 Social Security Expense 26,621.00 26,621.00 18,270.18 1,975.10 68.63 8,350.82 10-5150-60-02 Medicare Expense 6,226.00 6,226.00 4,272.89 461.91 68.63 1,953.11 10-5155-60-02 SUTA Expense 2,277.00 2,277.00 233.50 5.06 10.26 2,043.50 10-5160-60-02 Health Insurance 64,707.00 64,707.00 54,546.78 7,363.98 84.30 10,160.22 10-5165-60-02 Dental Insurance 3,441.00 3,441.00 2,259.17 255.60 65.65 1,181.83 10-5170-60-02 Life Insurance/AD&D 1,040.00 1,040.00 707.52 86.68 68.03 332.48 10-5175-60-02 Liability (TML) Workers Comp 8,136.00 8,136.00 7,122.66 87.55 1,013.34 10-5180-60-02 TMRS Expense 49,755.00 49,755.00 36,894.04 4,224.90 74.15 12,860.96 10-5185-60-02 Long Term/Short Term Disabilit 834.00 834.00 0.00 834.00 10-5186-60-02 WELLE-Wellness Prog Reimb Empl 3,600.00 3,600.00 1,817.00 200.00 50.47 1,783.00 10-5212-60-02 Building Supplies 1,500.00 1,500.00 355.50 23.70 1,144.50 10-5230-60-02 Dues,Fees,& Subscriptions 100.00 0.00 (100.00) 10-5310-60-02 Rental Expense 23,500.00 23,500.00 17,334.05 1,827.00 5,726.00 73.76 439.95 10-5320-60-02 Repairs & Maintenance 210,275.00 210,275.00 45,394.74 6,412.60 77,466.00 21.59 87,414.26 10-5350-60-02 Vehicle Expense 6,000.00 6,000.00 2,531.90 969.18 42.20 3,468.10 10-5352-60-02 Fuel 17,000.00 17,000.00 8,798.81 2,066.98 51.76 8,201.19 10-5353-60-02 Oil/Grease/Inspections 3,300.00 3,300.00 774.50 71.33 23.47 2,525.50 10-5400-60-02 Uniform Expense 5,400.00 5,400.00 5,012.36 215.84 92.82 387.64 10-5480-60-02 Contracted Services 178,300.00 178,300.00 65,546.98 1,704.04 95,436.00 36.76 17,317.02 10-5525-60-02 Electricity 96,000.00 96,000.00 84,866.42 10,938.99 88.40 11,133.58 10-5620-60-02 Tools & Equipment 4,725.00 4,725.00 2,362.20 49.99 2,362.80 10-5630-60-02 Safety Equipment 1,600.00 1,600.00 459.30 245.83 28.71 1,140.70 10-5640-60-02 Signs & Hardware 2,800.00 2,800.00 1,885.00 67.32 915.00 Subtotal object - 0 1,156,294.00 1,156,294.00 677,759.03 74,417.92 178,628.00 58.62 299,906.97 Program number: 2 Parks Maintenance 1,156,294.00 1,156,294.00 677,759.03 74,417.92 178,628.00 58.62 299,906.97 10-5110-60-03 Salaries & Wages 42,787.00 42,787.00 31,273.74 3,327.68 73.09 11,513.26 10-5126-60-03 Salaries-Vacation Buy-Out 404.00 404.00 0.00 404.00 10-5145-60-03 Social Security Expense 2,678.00 2,678.00 1,727.29 173.82 64.50 950.71 10-5150-60-03 Medicare Expense 626.00 626.00 403.97 40.66 64.53 222.03 10-5155-60-03 SUTA Expense 207.00 207.00 9.00 4.35 198.00 10-5170-60-03 Life Insurance/AD&D 95.00 95.00 66.98 7.88 70.51 28.02 10-5175-60-03 Liability (TML) Workers Comp 107.00 107.00 93.67 87.54 13.33 10-5180-60-03 TMRS Expense 5,005.00 5,005.00 3,602.67 395.00 71.98 1,402.33 10-5185-60-03 Long Term/Short Term Disabilit 101.00 101.00 0.00 101.00 10-5240-60-03 Postage and Delivery 6,875.00 6,875.00 726.09 497.77 10.56 6,148.91 10-5260-60-03 Advertising 2,000.00 2,000.00 1,444.50 72.23 555.50 10-5280-60-03 Printing and Reproduction 5,850.00 5,850.00 1,135.67 532.50 19.41 4,714.33 10-5475-60-03 Credit Card Fees 934.92 153.25 0.00 (934.92) 10-5600-60-03 Special Events 19,200.00 19,200.00 6,767.93 8.73 4,638.40 35.25 7,793.67 10-5995-60-03 Recreation Activities 23,500.00 23,500.00 7,873.39 3,261.73 33.50 15,626.61 Subtotal object - 0 109,435.00 109,435.00 56,059.82 8,399.02 4,638.40 51.23 48,736.78 Program number: 3 Recreation 109,435.00 109,435.00 56,059.82 8,399.02 4,638.40 51.23 48,736.78 Department number: 60 Parks and Recreation 1,537,467.00 104,848.00 1,642,315.00 979,480.66 107,883.50 209,982.42 59.64 452,851.92 10-5110-70-00 Salaries & Wages 97,779.00 7,750.00 105,529.00 69,790.90 8,657.09 66.13 35,738.10 Item 4b 30 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget 10-5115-70-00 Salaries - Overtime 251.00 550.00 801.00 583.45 243.10 72.84 217.55 10-5126-70-00 Salaries-Vacation Buy-Out 898.00 898.00 0.00 898.00 10-5127-70-00 Salaries-Certification Pay 9,000.00 (9,000.00) 0.00 10-5128-70-00 Language Pay 900.00 900.00 800.00 100.00 88.89 100.00 10-5140-70-00 Salaries - Longevity Pay 70.00 70.00 70.00 100.00 10-5145-70-00 Social Security Expense 6,122.00 550.00 6,672.00 4,207.24 533.19 63.06 2,464.76 10-5150-70-00 Medicare Expense 1,431.00 150.00 1,581.00 983.94 124.69 62.24 597.06 10-5155-70-00 SUTA Expense 414.00 200.00 614.00 61.24 1.12 9.97 552.76 10-5160-70-00 Health Insurance 8,157.00 3,350.00 11,507.00 4,859.98 554.76 42.24 6,647.02 10-5165-70-00 Dental Insurance 313.00 150.00 463.00 214.70 25.56 46.37 248.30 10-5170-70-00 Life Insurance/AD&D 95.00 150.00 245.00 74.07 15.76 30.23 170.93 10-5175-70-00 Liability (TML) Workers Comp 238.00 50.00 288.00 208.36 72.35 79.64 10-5180-70-00 TMRS Expense 11,443.00 1,000.00 12,443.00 8,124.39 1,033.53 65.29 4,318.61 10-5185-70-00 Long Term/Short Term Disabilit 181.00 50.00 231.00 0.00 231.00 10-5186-70-00 WELLE-Wellness Prog Reimb Empl 420.00 50.00 0.00 (420.00) 10-5190-70-00 Contract Labor 4,800.00 4,800.00 3,195.00 345.00 66.56 1,605.00 10-5210-70-00 Office Supplies 1,500.00 1,500.00 1,557.21 303.85 103.81 (57.21) 10-5212-70-00 Building Supplies 1,500.00 1,500.00 1,149.53 262.81 76.64 350.47 10-5220-70-00 Office Equipment 4,970.00 (1,400.00)3,570.00 3,182.92 89.16 387.08 10-5230-70-00 Dues,Fees,& Subscriptions 100.00 100.00 40.00 40.00 60.00 10-5240-70-00 Postage and Delivery 1,200.00 1,200.00 737.55 61.46 462.45 10-5250-70-00 Publications 100.00 100.00 0.00 100.00 10-5280-70-00 Printing and Reproduction 700.00 700.00 305.94 43.71 394.06 10-5310-70-00 Rental Expense 25,400.00 6,400.00 31,800.00 21,836.08 3,604.49 68.67 9,963.92 10-5320-70-00 Repairs & Maintenance 60.00 0.00 (60.00) 10-5330-70-00 Copier Expense 1,400.00 1,400.00 0.00 1,400.00 10-5418-70-00 IT Fees 500.00 1,000.00 1,500.00 1,178.00 1,083.00 78.53 322.00 10-5420-70-00 Municipal Court/Judge Fees 10,000.00 10,000.00 9,666.00 800.00 96.66 334.00 10-5425-70-00 State Fines Expense 69.79 0.00 (69.79) 10-5430-70-00 Legal Fees 20,000.00 20,000.00 23,765.23 1,988.00 118.83 (3,765.23) 10-5480-70-00 Contracted Services 360.00 360.00 113.68 23.68 31.58 246.32 10-5481-70-00 Cash Over/Short (96.00)(1.00) 0.00 96.00 10-5520-70-00 Telephones 300.00 300.00 1,302.70 168.25 434.23 (1,002.70) 10-5524-70-00 Gas-Building 900.00 900.00 557.00 61.89 343.00 10-5525-70-00 Electricity 2,000.00 2,000.00 672.61 71.25 33.63 1,327.39 10-5530-70-00 Travel/Lodging/Meals Expense 500.00 (500.00) 0.00 10-5533-70-00 Mileage Expense 500.00 (500.00) 0.00 10-5536-70-00 Training/Seminars 500.00 500.00 100.00 20.00 400.00 Subtotal object - 0 213,122.00 11,350.00 224,472.00 159,731.51 19,988.13 60.00 71.16 64,680.49 Program number: 213,122.00 11,350.00 224,472.00 159,731.51 19,988.13 60.00 71.16 64,680.49 Department number: 70 Municipal Court 213,122.00 11,350.00 224,472.00 159,731.51 19,988.13 60.00 71.16 64,680.49 10-5110-80-00 Salaries & Wages 545,258.00 (38,001.00)507,257.00 318,836.22 44,811.26 62.86 188,420.78 10-5115-80-00 Salaries - Overtime 13,354.00 30,000.00 43,354.00 25,439.25 58.68 17,914.75 10-5126-80-00 Salaries-Vacation Buy-Out 3,938.00 3,938.00 0.00 3,938.00 10-5140-80-00 Salaries - Longevity Pay 1,280.00 1,280.00 755.00 58.98 525.00 10-5143-80-00 Cell Phone Allowance 90.00 90.00 620.00 200.00 688.89 (530.00) 10-5145-80-00 Social Security Expense 34,241.00 922.00 35,163.00 19,699.41 2,553.50 56.02 15,463.59 10-5150-80-00 Medicare Expense 8,009.00 216.00 8,225.00 4,607.17 597.19 56.01 3,617.83 10-5155-80-00 SUTA Expense 2,173.00 14.00 2,187.00 389.90 2.50 17.83 1,797.10 10-5160-80-00 Health Insurance 62,016.00 2,661.00 64,677.00 27,932.97 4,150.78 43.19 36,744.03 10-5165-80-00 Dental Insurance 3,043.00 97.00 3,140.00 1,522.30 230.04 48.48 1,617.70 10-5170-80-00 Life Insurance/AD&D 890.00 77.00 967.00 597.10 86.68 61.75 369.90 Item 4b 31 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget 10-5175-80-00 Liability (TML) Workers Comp 3,669.00 37.00 3,706.00 3,212.03 86.67 493.97 10-5180-80-00 TMRS Expense 63,498.00 1,562.00 65,060.00 39,993.82 5,342.86 61.47 25,066.18 10-5185-80-00 Long Term/Short Term Disabilit 2,664.00 60.00 2,724.00 0.00 2,724.00 10-5186-80-00 WELLE-Wellness Prog Reimb Empl 1,800.00 1,800.00 104.00 5.78 1,696.00 10-5190-80-00 Contract Labor 3,120.00 3,120.00 860.00 80.00 27.56 2,260.00 10-5210-80-00 Office Supplies 7,150.00 7,150.00 5,156.81 325.74 72.12 1,993.19 10-5212-80-00 Building Supplies 500.00 500.00 246.81 76.73 49.36 253.19 10-5220-80-00 Office Equipment 8,204.00 5,100.00 13,304.00 2,535.81 599.70 19.06 10,768.19 10-5230-80-00 Dues,Fees,& Subscriptions 96,450.00 300.00 96,750.00 81,185.27 201.38 2,500.00 83.91 13,064.73 10-5240-80-00 Postage and Delivery 50.00 50.00 4.03 8.06 45.97 10-5250-80-00 Publications 6,237.00 6,237.00 4,308.02 17.50 69.07 1,928.98 10-5280-80-00 Printing and Reproduction 2,000.00 2,000.00 102.81 5.14 1,897.19 10-5340-80-00 Building Repairs 2,000.00 2,500.00 4,500.00 1,917.79 42.62 2,582.21 10-5350-80-00 Vehicle Expense 3,000.00 3,000.00 3,337.44 111.25 (337.44) 10-5352-80-00 Fuel 9,600.00 (1,000.00)8,600.00 3,476.30 933.32 40.42 5,123.70 10-5353-80-00 Oil/Grease/Inspections 1,000.00 1,000.00 530.28 53.03 469.72 10-5400-80-00 Uniform Expense 3,020.00 320.00 3,340.00 909.28 909.28 27.22 2,430.72 10-5410-80-00 Professional Services 265,225.00 265,225.00 40,170.18 225,054.82 15.15 10-5418-80-00 IT Fees 4,000.00 5,000.00 9,000.00 5,000.00 0.00 4,000.00 10-5430-80-00 Legal Fees 3,250.00 3,250.00 304.00 9.35 2,946.00 10-5465-80-00 Public Relations 500.00 500.00 225.00 45.00 275.00 10-5480-80-00 Contracted Services 780.00 7,300.00 8,080.00 7,752.00 60.00 95.94 328.00 10-5520-80-00 Telephones 4,380.00 415.00 4,795.00 1,508.99 338.06 31.47 3,286.01 10-5521-80-00 Cell Phone Expense 1,200.00 1,200.00 0.00 1,200.00 10-5525-80-00 Electricity 6,500.00 6,500.00 3,661.94 344.99 56.34 2,838.06 10-5526-80-00 Data Network 4,000.00 200.00 4,200.00 3,115.48 531.86 74.18 1,084.52 10-5530-80-00 Travel/Lodging/Meals Expense 7,850.00 (2,000.00)5,850.00 0.00 5,850.00 10-5533-80-00 Mileage Expense 3,000.00 (1,500.00)1,500.00 373.97 373.97 24.93 1,126.03 10-5536-80-00 Training/Seminars 13,453.00 (1,300.00)12,153.00 3,504.65 2,188.00 28.84 8,648.35 10-5620-80-00 Tools & Equipment 660.00 660.00 110.36 16.72 549.64 10-5630-80-00 Safety Equipment 920.00 920.00 551.82 112.49 59.98 368.18 10-5640-80-00 Signs & Hardware 1,175.00 1,175.00 0.00 1,175.00 10-6160-80-00 Capital Expenditure - Vehicles 14,560.00 2,876.00 17,436.00 17,435.75 0.00 0.25 Subtotal object - 0 953,217.00 282,346.00 1,235,563.00 609,558.21 65,067.83 249,990.57 49.33 376,014.22 Program number: 953,217.00 282,346.00 1,235,563.00 609,558.21 65,067.83 249,990.57 49.33 376,014.22 Department number: 80 Inspections 953,217.00 282,346.00 1,235,563.00 609,558.21 65,067.83 249,990.57 49.33 376,014.22 10-5110-85-00 Salaries & Wages 49,433.00 49,433.00 35,488.03 3,806.40 71.79 13,944.97 10-5115-85-00 Salaries - Overtime 828.00 828.00 369.64 44.64 458.36 10-5126-85-00 Salaries-Vacation Buy-Out 455.00 455.00 0.00 455.00 10-5140-85-00 Salaries - Longevity Pay 270.00 270.00 265.00 98.15 5.00 10-5145-85-00 Social Security Expense 3,147.00 3,147.00 2,150.69 225.43 68.34 996.31 10-5150-85-00 Medicare Expense 736.00 736.00 502.99 52.72 68.34 233.01 10-5155-85-00 SUTA Expense 207.00 207.00 9.00 4.35 198.00 10-5160-85-00 Health Insurance 3,547.00 3,547.00 2,467.70 290.56 69.57 1,079.30 10-5165-85-00 Dental Insurance 313.00 313.00 214.70 25.56 68.59 98.30 10-5170-85-00 Life Insurance/AD&D 95.00 95.00 66.19 7.88 69.67 28.81 10-5175-85-00 Liability (TML) Workers' Comp 309.00 309.00 270.51 87.54 38.49 10-5180-85-00 TMRS Expense 5,882.00 5,882.00 4,158.94 451.82 70.71 1,723.06 10-5185-85-00 Long Term/Short Term Disabilit 111.00 111.00 0.00 111.00 10-5186-85-00 WELLE-Wellness Prog Reimb Empl 600.00 (263.00)337.00 0.00 337.00 10-5210-85-00 Office Supplies 500.00 500.00 69.69 22.41 13.94 430.31 10-5230-85-00 Dues,Fees,& Subscriptions 300.00 300.00 227.25 75.75 72.75 Item 4b 32 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget 10-5240-85-00 Postage and Delivery 400.00 400.00 332.39 50.24 83.10 67.61 10-5350-85-00 Vehicle Expense 500.00 1,093.00 1,593.00 593.11 37.23 999.89 10-5352-85-00 Fuel 1,800.00 1,800.00 414.87 120.21 23.05 1,385.13 10-5353-85-00 Oil/Grease/Inspections 100.00 100.00 19.00 19.00 81.00 10-5400-85-00 Uniform Expense 200.00 200.00 120.90 120.90 60.45 79.10 10-5430-85-00 Legal Fees 3,000.00 3,000.00 342.00 38.00 11.40 2,658.00 10-5435-85-00 Legal Notices/Filings 300.00 300.00 0.00 300.00 10-5480-85-00 Contracted Services 88,000.00 (480.00)87,520.00 54,609.75 1,975.00 15,933.25 62.40 16,977.00 10-5520-85-00 Telephones 800.00 800.00 299.14 58.73 37.39 500.86 10-5526-85-00 Data Network 480.00 480.00 303.92 75.98 63.32 176.08 10-5536-85-00 Training/Seminars 800.00 800.00 34.95 4.37 765.05 10-5600-85-00 Special Events 500.00 500.00 0.00 500.00 10-5620-85-00 Tools & Equipment 250.00 250.00 0.00 250.00 10-5640-85-00 Signs & Hardware 1,200.00 170.00 1,370.00 1,368.08 99.86 1.92 Subtotal object - 0 164,583.00 1,000.00 165,583.00 104,698.44 7,321.84 15,933.25 63.23 44,951.31 Program number: 164,583.00 1,000.00 165,583.00 104,698.44 7,321.84 15,933.25 63.23 44,951.31 Department number: 85 Code Enforcement 164,583.00 1,000.00 165,583.00 104,698.44 7,321.84 15,933.25 63.23 44,951.31 10-5110-90-00 Salaries & Wages 253,085.00 (9,600.00)243,485.00 156,122.94 16,836.50 64.12 87,362.06 10-5115-90-00 Salaries - Overtime 169.00 1,050.00 1,219.00 690.23 89.14 56.62 528.77 10-5126-90-00 Salaries-Vacation Buy-Out 4,057.00 4,057.00 3,446.52 1,796.23 84.95 610.48 10-5140-90-00 Salaries - Longevity Pay 945.00 945.00 560.00 59.26 385.00 10-5141-90-00 Salaries - Incentive 750.00 750.00 750.00 100.00 10-5143-90-00 Cell Phone Allowance 3,000.00 3,000.00 1,440.00 180.00 48.00 1,560.00 10-5145-90-00 Social Security Expense 15,952.00 15,952.00 9,381.38 1,090.17 58.81 6,570.62 10-5150-90-00 Medicare Expense 3,730.00 3,730.00 2,194.03 254.96 58.82 1,535.97 10-5155-90-00 SUTA Expense 776.00 776.00 79.58 10.26 696.42 10-5160-90-00 Health Insurance 24,690.00 24,690.00 17,995.36 1,993.30 72.89 6,694.64 10-5165-90-00 Dental Insurance 896.00 896.00 654.34 76.68 73.03 241.66 10-5170-90-00 Life Insurance/AD&D 325.00 325.00 314.16 37.40 96.67 10.84 10-5175-90-00 Liability (TML) Workers Comp 1,062.00 1,062.00 929.73 87.55 132.27 10-5180-90-00 TMRS Expense 29,532.00 29,532.00 18,896.70 2,255.52 63.99 10,635.30 10-5185-90-00 Long Term/Short Term Disabilit 1,435.00 1,435.00 0.00 1,435.00 10-5186-90-00 WELLE-Wellness Prog Reimb Empl 1,200.00 1,200.00 840.00 100.00 70.00 360.00 10-5190-90-00 Contract Labor 1,560.00 1,560.00 860.00 80.00 55.13 700.00 10-5210-90-00 Office Supplies 3,800.00 3,800.00 3,425.53 233.79 525.60 90.15 (151.13) 10-5220-90-00 Office Equipment 5,400.00 5,400.00 1,584.67 29.35 3,815.33 10-5230-90-00 Dues,Fees,& Subscriptions 5,040.00 (2,500.00)2,540.00 776.00 30.55 1,764.00 10-5240-90-00 Postage and Delivery 200.00 200.00 184.85 22.44 92.43 15.15 10-5250-90-00 Publications 500.00 500.00 0.00 500.00 10-5280-90-00 Printing and Reproduction 200.00 200.00 116.85 58.43 83.15 10-5330-90-00 Copier Expense 1,100.00 1,100.00 674.20 134.84 404.52 61.29 21.28 10-5400-90-00 Uniform Expense 400.00 400.00 271.24 206.24 67.81 128.76 10-5410-90-00 Professional Services 81,730.00 33,633.00 115,363.00 65,040.00 13,260.00 38,744.25 56.38 11,578.75 10-5418-90-00 IT Fees 300.00 300.00 169.00 56.33 131.00 10-5430-90-00 Legal Fees 28,000.00 20,000.00 48,000.00 14,668.10 399.00 20,000.00 30.56 13,331.90 10-5435-90-00 Legal Notices/Filings 2,000.00 1,000.00 3,000.00 2,386.82 77.36 79.56 613.18 10-5520-90-00 Telephones 5,700.00 (1,000.00)4,700.00 462.51 40.38 9.84 4,237.49 10-5521-90-00 Cell Phone Expense 1,500.00 (1,500.00) 0.00 10-5526-90-00 Data Network 8,250.00 (1,175.00)7,075.00 1,238.40 17.50 5,836.60 10-5530-90-00 Travel/Lodging/Meals Expense 2,300.00 2,300.00 1,007.04 185.97 43.78 1,292.96 10-5533-90-00 Mileage Expense 1,750.00 (500.00)1,250.00 614.98 76.94 49.20 635.02 10-5536-90-00 Training/Seminars 4,800.00 4,800.00 1,369.85 28.54 3,430.15 Item 4b 33 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget 10-5640-90-00 Signs & Hardware 2,000.00 (2,000.00) 0.00 Subtotal object - 0 493,084.00 42,458.00 535,542.00 309,145.01 39,426.86 59,674.37 57.73 166,722.62 Program number: 493,084.00 42,458.00 535,542.00 309,145.01 39,426.86 59,674.37 57.73 166,722.62 Department number: 90 Planning 493,084.00 42,458.00 535,542.00 309,145.01 39,426.86 59,674.37 57.73 166,722.62 10-5110-98-00 Salaries & Wages 462,199.00 462,199.00 338,100.53 36,290.92 73.15 124,098.47 10-5115-98-00 Salaries - Overtime 1,200.00 1,200.00 930.97 77.58 269.03 10-5126-98-00 Salaries-Vacation Buy-Out 5,280.00 5,280.00 6,690.60 2,732.88 126.72 (1,410.60) 10-5140-98-00 Salaries - Longevity Pay 790.00 790.00 780.00 98.73 10.00 10-5143-98-00 Cell Phone Allowance 1,200.00 1,200.00 936.49 90.00 78.04 263.51 10-5145-98-00 Social Security Expense 27,650.00 27,650.00 18,822.17 2,194.81 68.07 8,827.83 10-5150-98-00 Medicare Expense 6,793.00 6,793.00 4,586.26 513.32 67.52 2,206.74 10-5155-98-00 SUTA Expense 1,035.00 1,035.00 45.00 4.35 990.00 10-5160-98-00 Health Insurance 36,701.00 36,701.00 30,729.49 3,559.82 83.73 5,971.51 10-5165-98-00 Dental Insurance 1,251.00 1,251.00 1,073.52 127.80 85.81 177.48 10-5170-98-00 Life Insurance/AD&D 566.00 566.00 507.95 60.50 89.74 58.05 10-5175-98-00 Liability (TML) Workers Comp 1,896.00 1,896.00 1,659.85 87.55 236.15 10-5180-98-00 TMRS Expense 54,286.00 54,286.00 40,171.03 4,660.63 74.00 14,114.97 10-5185-98-00 Long Term/Short Term Disabilit 1,071.00 1,071.00 0.00 1,071.00 10-5186-98-00 WELLE-Wellness Prog Reimb Empl 1,200.00 1,200.00 1,260.00 150.00 105.00 (60.00) 10-5190-98-00 Contract Labor 510.00 510.00 420.00 60.00 82.35 90.00 10-5210-98-00 Office Supplies 1,800.00 1,800.00 1,383.97 122.38 76.89 416.03 10-5212-98-00 Building Supplies 350.00 350.00 32.64 9.33 317.36 10-5230-98-00 Dues,Fees,& Subscriptions 1,700.00 1,700.00 195.94 11.53 1,504.06 10-5240-98-00 Postage and Delivery 100.00 100.00 197.41 36.70 197.41 (97.41) 10-5250-98-00 Publications 300.00 300.00 208.00 208.00 69.33 92.00 10-5350-98-00 Vehicle Expense 450.00 720.00 1,170.00 1,163.00 99.40 7.00 10-5352-98-00 Fuel 1,800.00 1,800.00 153.45 153.45 8.53 1,646.55 10-5400-98-00 Uniform Expense 100.00 100.00 308.51 156.56 308.51 (208.51) 10-5410-98-00 Professional Services 35,000.00 (26,380.00)8,620.00 0.00 8,620.00 10-5418-98-00 IT Fees 250.00 250.00 93.00 37.20 157.00 10-5419-98-00 IT Licenses 35,320.00 35,320.00 861.00 861.00 2.44 33,598.00 10-5430-98-00 Legal Fees 6,000.00 6,000.00 4,930.34 1,975.00 82.17 1,069.66 10-5435-98-00 Legal Notices/Filings 2,000.00 2,000.00 1,873.70 857.90 93.69 126.30 10-5480-98-00 Contracted Services 24,880.00 24,880.00 24,880.00 0.00 10-5520-98-00 Telephones 5,000.00 (2,000.00)3,000.00 1,418.51 333.51 47.28 1,581.49 10-5524-98-00 Gas-Building 1,600.00 1,600.00 779.05 48.69 820.95 10-5525-98-00 Electricity 700.00 (700.00) 0.00 10-5530-98-00 Travel/Lodging/Meals Expense 3,250.00 (930.00)2,320.00 531.79 22.92 1,788.21 10-5533-98-00 Mileage Expense 1,500.00 1,500.00 548.70 69.90 36.58 951.30 10-5536-98-00 Training/Seminars 6,000.00 6,000.00 428.75 7.15 5,571.25 10-5620-98-00 Tools & Equipment 1,500.00 1,500.00 0.00 1,500.00 Subtotal object - 0 703,938.00 703,938.00 461,821.62 54,354.08 25,741.00 65.61 216,375.38 Program number: 703,938.00 703,938.00 461,821.62 54,354.08 25,741.00 65.61 216,375.38 Department number: 98 Engineering 703,938.00 703,938.00 461,821.62 54,354.08 25,741.00 65.61 216,375.38 10-5176-99-00 TML Prop. & Liab. Insurance 100,000.00 (10,000.00)90,000.00 84,533.27 873.89 93.93 5,466.73 10-5305-99-00 Chapt 380 Program Grant Exp 14,000.00 14,000.00 3,559.00 25.42 10,441.00 10-5418-99-00 IT Fees 71,821.00 71,821.00 43,086.89 299.00 59.99 28,734.11 10-5419-99-00 IT Licenses 10,000.00 10,000.00 10,000.00 100.00 10-5480-99-00 Contracted Services 3,600.00 3,600.00 3,600.00 100.00 10-6140-99-00 Capital Expenditure - Equipmen 136,438.00 136,438.00 102,328.47 11,369.83 75.00 34,109.53 10-6160-99-00 Capital Expenditure - Vehicles 262,260.00 262,260.00 196,695.00 21,855.00 75.00 65,565.00 10-7000-99-00 Contingency 50,000.00 50,000.00 48,330.76 10,496.00 96.66 1,669.24 Item 4b 34 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget 10-7100-99-00 Operating Transfer Out 20,000.00 20,000.00 20,000.00 100.00 10-7144-99-00 Transfer to Bond Fund 972,000.00 75,000.00 1,047,000.00 785,250.00 87,250.00 75.00 261,750.00 Subtotal object - 0 1,630,119.00 75,000.00 1,705,119.00 1,297,383.39 132,143.72 76.09 407,735.61 Program number: 1,630,119.00 75,000.00 1,705,119.00 1,297,383.39 132,143.72 76.09 407,735.61 Department number: 99 Non-departmental 1,630,119.00 75,000.00 1,705,119.00 1,297,383.39 132,143.72 76.09 407,735.61 Expense Subtotal - - - - - - 14,415,741.00 598,159.00 15,013,900.00 9,402,516.47 1,025,938.91 837,463.52 62.63 4,773,920.01 Fund number: 10 General (90,293.00)418,159.00 327,866.00 (4,132,426.61)(77,561.55)837,463.52 3,622,829.09 15-5410-10-00 Professional Services 7,500.00 0.00 (7,500.00) Subtotal object - 0 7,500.00 0.00 (7,500.00) Program number: 7,500.00 0.00 (7,500.00) Department number: 10 Administration 7,500.00 0.00 (7,500.00) Expense Subtotal - - - - - - 7,500.00 0.00 (7,500.00) Fund number: 15 TIRZ #1 - Blue Star 7,500.00 0.00 (7,500.00) 20-4005-50-00 Water Revenue (5,605,000.00) (5,605,000.00)(2,971,096.66)(370,326.31) 53.01 (2,633,903.34) 20-4010-50-00 Water Tap & Construction (508,750.00) (508,750.00)(538,501.00)(92,500.00) 105.85 29,751.00 20-4012-50-00 Saturday Inspection Fee (4,000.00) (4,000.00)(5,550.00)(1,800.00) 138.75 1,550.00 20-4018-50-00 Internet Cr. Card Fees(Global) (18,000.00) (18,000.00)(15,979.82)(1,771.09) 88.78 (2,020.18) 20-4019-50-00 Cr. Card Pmt Fees(auth.net) (3,000.00) (3,000.00)(3,594.42)(387.55) 119.81 594.42 20-4060-50-00 NSF Fees (1,000.00) (1,000.00)(1,025.00)(125.00) 102.50 25.00 20-4242-50-00 Re-Inspection Fees (1,500.00) (1,500.00)(2,200.00)(500.00) 146.67 700.00 20-4610-50-00 Interest Income (70,000.00) (70,000.00)(32,999.39)(8,036.80) 47.14 (37,000.61) 20-4910-50-00 Other Revenue (70,000.00) (70,000.00)(53,351.74)(4,380.95) 76.22 (16,648.26) Subtotal object - 0 (6,281,250.00) (6,281,250.00)(3,624,298.03)(479,827.70) 57.70 (2,656,951.97) Program number: (6,281,250.00) (6,281,250.00)(3,624,298.03)(479,827.70) 57.70 (2,656,951.97) Department number: 50 Water (6,281,250.00) (6,281,250.00)(3,624,298.03)(479,827.70) 57.70 (2,656,951.97) 20-4006-55-00 Sewer Revenue (2,777,000.00) (2,777,000.00)(1,964,009.16)(226,884.18) 70.72 (812,990.84) 20-4010-55-00 Sewer Tap & Construction (220,000.00) (220,000.00)(188,600.00)(33,800.00) 85.73 (31,400.00) Subtotal object - 0 (2,997,000.00) (2,997,000.00)(2,152,609.16)(260,684.18) 71.83 (844,390.84) Program number: (2,997,000.00) (2,997,000.00)(2,152,609.16)(260,684.18) 71.83 (844,390.84) Department number: 55 Sewer (2,997,000.00) (2,997,000.00)(2,152,609.16)(260,684.18) 71.83 (844,390.84) 20-4000-57-00 W/S Service Initiation (57,043.00) (57,043.00)(45,520.00)(7,940.00) 79.80 (11,523.00) 20-4007-57-00 Sanitation (900,000.00) (900,000.00)(734,541.95)(85,266.82) 81.62 (165,458.05) 20-4009-57-00 Late Fee-W/S (60,000.00) (60,000.00)(58,521.02)(4,273.48) 97.54 (1,478.98) Subtotal object - 0 (1,017,043.00) (1,017,043.00)(838,582.97)(97,480.30) 82.45 (178,460.03) Program number: (1,017,043.00) (1,017,043.00)(838,582.97)(97,480.30) 82.45 (178,460.03) Department number: 57 Utility Billing Department (1,017,043.00) (1,017,043.00)(838,582.97)(97,480.30) 82.45 (178,460.03) Revenue Subtotal - - - - - - (10,295,293.00) (10,295,293.00)(6,615,490.16)(837,992.18) 64.26 (3,679,802.84) 20-5176-00-00 TML-Prop & Liab Insurance 35,000.00 35,000.00 29,280.78 83.66 5,719.22 20-6140-00-00 Capital Expenditure - Equipmen 15,771.00 15,771.00 11,828.25 1,314.25 75.00 3,942.75 20-6160-00-00 Capital Expenditure - Vehicles 119,553.00 119,553.00 89,664.75 9,962.75 75.00 29,888.25 20-6186-00-00 2013 Bond Payment 387,600.00 387,600.00 93,800.00 24.20 293,800.00 20-6192-00-00 2011 Refd Bond Pmt 276,246.00 276,246.00 270,420.63 97.89 5,825.37 20-6193-00-00 2012 CO Bond Payment 145,020.00 145,020.00 95,235.00 65.67 49,785.00 20-6198-00-00 06 CO Bond Payment 491,197.00 491,197.00 97,398.61 19.83 393,798.39 20-6199-00-00 08 CO Bond Payment 119,894.00 119,894.00 87,332.50 72.84 32,561.50 20-6201-00-00 2014 GO Bond Payment 483,439.00 483,439.00 135,995.35 28.13 347,443.65 20-6202-00-00 2014 CO Bond Payment 926,350.00 926,350.00 240,675.00 25.98 685,675.00 20-7000-00-00 Contingency 50,000.00 50,000.00 0.00 50,000.00 20-7147-00-00 Transfer to GF 862,695.00 862,695.00 647,021.25 71,891.25 75.00 215,673.75 Subtotal object - 0 3,912,765.00 3,912,765.00 1,798,652.12 83,168.25 45.97 2,114,112.88 Program number: 3,912,765.00 3,912,765.00 1,798,652.12 83,168.25 45.97 2,114,112.88 Department number: Non departmental 3,912,765.00 3,912,765.00 1,798,652.12 83,168.25 45.97 2,114,112.88 Item 4b 35 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget 20-5110-50-00 Salaries & Wages 630,968.00 630,968.00 426,570.36 49,696.96 67.61 204,397.64 20-5115-50-00 Salaries - Overtime 45,055.00 45,055.00 32,696.11 7,426.95 72.57 12,358.89 20-5126-50-00 Salaries-Vacation Buy-Out 4,459.00 4,459.00 972.40 21.81 3,486.60 20-5140-50-00 Salaries - Longevity Pay 2,165.00 2,165.00 2,050.00 94.69 115.00 20-5145-50-00 Social Security Expense 39,753.00 39,753.00 27,150.04 3,353.31 68.30 12,602.96 20-5150-50-00 Medicare Expense 9,300.00 9,300.00 6,349.62 784.25 68.28 2,950.38 20-5155-50-00 SUTA Expense 2,794.00 2,794.00 347.37 1.85 12.43 2,446.63 20-5160-50-00 Health Insurance 77,164.00 77,164.00 40,473.42 5,172.14 52.45 36,690.58 20-5165-50-00 Dental Insurance 3,981.00 3,981.00 2,527.88 332.28 63.50 1,453.12 20-5170-50-00 Life Insurance/AD&D 1,240.00 1,240.00 825.82 110.32 66.60 414.18 20-5175-50-00 Liability (TML) Workers' Comp 11,255.00 11,255.00 9,853.19 87.55 1,401.81 20-5180-50-00 TMRS Expense 74,858.00 74,858.00 53,280.12 6,810.27 71.18 21,577.88 20-5185-50-00 Long Term/Short Term Disabilit 3,429.00 3,429.00 0.00 3,429.00 20-5186-50-00 WELLE-Wellness Prog Reimb-Empl 3,600.00 3,600.00 1,803.00 250.00 50.08 1,797.00 20-5190-50-00 Contract Labor 2,700.00 2,700.00 4,200.00 600.00 155.56 (1,500.00) 20-5210-50-00 Office Supplies 3,100.00 3,100.00 2,781.50 178.99 89.73 318.50 20-5212-50-00 Building Supplies 1,550.00 1,550.00 564.74 36.44 985.26 20-5220-50-00 Office Equipment 11,004.00 (3,500.00)7,504.00 6,400.09 85.29 1,103.91 20-5230-50-00 Dues,Fees,& Subscriptions 3,400.00 3,400.00 2,013.64 59.23 1,386.36 20-5240-50-00 Postage and Delivery 1,800.00 1,800.00 1,231.00 6.72 68.39 569.00 20-5250-50-00 Publications 50.00 50.00 0.00 50.00 20-5280-50-00 Printing and Reproduction 3,450.00 3,450.00 561.02 16.26 2,888.98 20-5310-50-00 Rental Expense 600.00 600.00 0.00 600.00 20-5320-50-00 Repairs & Maintenance 3,600.00 3,600.00 347.25 9.65 3,252.75 20-5340-50-00 Building Repairs 4,000.00 522.00 4,522.00 4,521.75 99.99 0.25 20-5350-50-00 Vehicle Expense 25,700.00 25,700.00 13,630.62 2,035.36 53.04 12,069.38 20-5352-50-00 Fuel 40,200.00 (18,000.00)22,200.00 16,251.40 4,371.70 73.21 5,948.60 20-5353-50-00 Oil/Grease/Inspections 2,470.00 2,470.00 235.75 9.55 2,234.25 20-5400-50-00 Uniform Expense 14,600.00 14,600.00 6,865.12 375.51 47.02 7,734.88 20-5418-50-00 IT Fees 18,700.00 19,000.00 37,700.00 24,482.18 90.00 7,000.00 64.94 6,217.82 20-5419-50-00 IT Licenses 1,200.00 1,163.00 2,363.00 2,363.00 100.00 20-5430-50-00 Legal Fees 1,000.00 1,000.00 456.00 399.00 45.60 544.00 20-5435-50-00 Legal Notices/Filings 500.00 500.00 0.00 500.00 20-5475-50-00 Credit Card Fees 25,000.00 25,000.00 24,604.37 2,446.81 98.42 395.63 20-5480-50-00 Contracted Services 16,000.00 23,623.00 39,623.00 40,264.15 486.50 101.62 (641.15) 20-5520-50-00 Telephones 17,820.00 17,820.00 7,199.53 1,574.29 40.40 10,620.47 20-5521-50-00 Cell Phone Expense 2,160.00 2,160.00 0.00 2,160.00 20-5524-50-00 Gas-Building 2,570.00 2,570.00 620.38 48.36 24.14 1,949.62 20-5525-50-00 Electricity 150,000.00 27,000.00 177,000.00 130,735.31 14,048.93 73.86 46,264.69 20-5526-50-00 Data Network 4,000.00 4,000.00 3,453.90 349.90 86.35 546.10 20-5530-50-00 Travel/Lodging/Meals Expense 1,000.00 1,000.00 0.00 1,000.00 20-5533-50-00 Mileage Expense 1,000.00 1,000.00 670.03 262.20 67.00 329.97 20-5536-50-00 Training/Seminars 5,600.00 3,500.00 9,100.00 7,644.06 138.23 84.00 1,455.94 20-5540-50-00 Water Testing 1,500.00 1,500.00 2,010.85 830.80 134.06 (510.85) 20-5545-50-00 Meter Purchases 203,500.00 12,220.00 215,720.00 121,529.00 23,000.00 56.34 71,191.00 20-5550-50-00 Water Purchases 2,037,900.00 2,037,900.00 1,291,673.01 162,330.21 63.38 746,226.99 20-5620-50-00 Tools & Equipment 10,900.00 10,900.00 8,678.15 1,407.24 79.62 2,221.85 20-5630-50-00 Safety Equipment 7,700.00 (2,285.00)5,415.00 4,269.22 1,000.00 78.84 1,145.78 20-5640-50-00 Signs & Hardware 800.00 800.00 303.30 48.00 37.91 496.70 20-5650-50-00 Maintenance Materials 12,400.00 (5,000.00)7,400.00 4,956.50 477.10 66.98 2,443.50 20-5660-50-00 Chemical Supplies 1,000.00 1,000.00 550.94 55.09 449.06 20-5670-50-00 System Improvements/Repairs 78,950.00 78,950.00 71,243.58 10,387.70 90.24 7,706.42 Item 4b 36 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget 20-6160-50-00 Capital Expenditure - Vehicles 60,000.00 60,000.00 36,518.75 19,607.75 60.87 3,873.50 20-6200-50-00 Bond Administrative Fees 3,000.00 3,000.00 0.00 3,000.00 20-7143-50-00 Transfer to Internal Serv. Fd 2,160.00 2,160.00 1,620.00 180.00 75.00 540.00 Subtotal object - 0 3,691,905.00 60,943.00 3,752,848.00 2,450,349.42 278,011.88 49,607.75 65.29 1,252,890.83 Program number: 3,691,905.00 60,943.00 3,752,848.00 2,450,349.42 278,011.88 49,607.75 65.29 1,252,890.83 Department number: 50 Water 3,691,905.00 60,943.00 3,752,848.00 2,450,349.42 278,011.88 49,607.75 65.29 1,252,890.83 20-5110-55-00 Salaries & Wages 144,885.00 144,885.00 97,481.23 12,397.15 67.28 47,403.77 20-5115-55-00 Salaries - Overtime 7,279.00 7,279.00 6,614.56 2,189.47 90.87 664.44 20-5126-55-00 Salaries-Vacation Buy-Out 1,074.00 1,074.00 0.00 1,074.00 20-5140-55-00 Salaries - Longevity Pay 840.00 840.00 830.00 98.81 10.00 20-5145-55-00 Social Security Expense 9,175.00 9,175.00 6,084.53 855.20 66.32 3,090.47 20-5150-55-00 Medicare Expense 2,146.00 2,146.00 1,423.00 200.02 66.31 723.00 20-5155-55-00 SUTA Expense 776.00 776.00 36.00 0.59 4.64 740.00 20-5160-55-00 Health Insurance 19,699.00 19,699.00 9,470.61 1,109.12 48.08 10,228.39 20-5165-55-00 Dental Insurance 1,209.00 1,209.00 644.11 76.68 53.28 564.89 20-5170-55-00 Life Insurance/AD&D 320.00 320.00 226.16 31.52 70.68 93.84 20-5175-55-00 Liability (TML) Workers' Comp 3,311.00 3,311.00 2,898.61 87.55 412.39 20-5180-55-00 TMRS Expense 16,910.00 16,910.00 12,197.45 1,741.53 72.13 4,712.55 20-5185-55-00 Long Term/Short Term Disabilit 1,075.00 1,075.00 0.00 1,075.00 20-5186-55-00 WELLE-Wellness Prog Reimb-Empl 1,200.00 1,200.00 603.00 85.00 50.25 597.00 20-5210-55-00 Office Supplies 800.00 800.00 0.00 800.00 20-5212-55-00 Building Supplies 600.00 600.00 0.00 600.00 20-5220-55-00 Office Equipment 750.00 750.00 750.00 100.00 20-5230-55-00 Dues,Fees,& Subscriptions 1,550.00 1,550.00 382.54 321.54 24.68 1,167.46 20-5240-55-00 Postage and Delivery 200.00 200.00 0.00 200.00 20-5250-55-00 Publications 100.00 100.00 0.00 100.00 20-5310-55-00 Rental Expense 500.00 500.00 0.00 500.00 20-5320-55-00 Repairs & Maintenance 400.00 400.00 0.00 400.00 20-5335-55-00 Radio/Video Repairs 700.00 (700.00) 0.00 20-5340-55-00 Building Repairs 1,000.00 1,000.00 243.33 24.33 756.67 20-5350-55-00 Vehicle Expense 6,200.00 6,200.00 5,081.16 112.00 81.95 1,118.84 20-5352-55-00 Fuel 6,500.00 (2,500.00)4,000.00 2,293.84 589.84 57.35 1,706.16 20-5353-55-00 Oil/Grease/Inspections 1,500.00 1,500.00 51.00 3.40 1,449.00 20-5400-55-00 Uniform Expense 8,600.00 8,600.00 1,788.47 20.80 6,811.53 20-5430-55-00 Legal Fees 500.00 500.00 0.00 500.00 20-5480-55-00 Contracted Services 21,000.00 (13,596.00)7,404.00 2,696.07 516.90 36.41 4,707.93 20-5520-55-00 Telephones 3,560.00 3,560.00 667.17 235.49 18.74 2,892.83 20-5521-55-00 Cell Phone Expense 1,080.00 1,080.00 0.00 1,080.00 20-5524-55-00 Gas - Building 1,000.00 1,000.00 0.00 1,000.00 20-5525-55-00 Electricity 50,800.00 50,800.00 32,134.60 5,233.01 63.26 18,665.40 20-5530-55-00 Travel/Lodging/Meals Expense 600.00 600.00 0.00 600.00 20-5533-55-00 Mileage Expense 500.00 500.00 0.00 500.00 20-5536-55-00 Training/Seminars 1,700.00 1,700.00 2,655.85 395.00 156.23 (955.85) 20-5540-55-00 Water Testing 500.00 500.00 0.00 500.00 20-5560-55-00 Sewer Management Fees 1,268,700.00 1,268,700.00 988,587.85 97,291.57 77.92 280,112.15 20-5620-55-00 Tools & Equipment 4,500.00 4,500.00 3,041.97 604.47 67.60 1,458.03 20-5630-55-00 Safety Equipment 4,600.00 6,261.00 10,861.00 8,704.65 1,450.00 80.15 2,156.35 20-5640-55-00 Signs & Hardware 1,000.00 1,000.00 0.00 1,000.00 20-5650-55-00 Maintenance Materials 1,000.00 1,000.00 332.86 289.95 33.29 667.14 20-5660-55-00 Chemical Supplies 1,000.00 1,000.00 0.00 1,000.00 20-5670-55-00 System Improvements/Repairs 12,000.00 12,000.00 5,006.71 132.46 41.72 6,993.29 20-5680-55-00 Lift Station Expense 30,900.00 15,000.00 45,900.00 30,842.36 67.20 15,057.64 Item 4b 37 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget 20-6140-55-00 Capital Expenditure - Equipmt 75,000.00 1,796.00 76,796.00 76,796.00 100.00 Subtotal object - 0 1,719,239.00 6,261.00 1,725,500.00 1,300,565.69 125,858.51 75.37 424,934.31 Program number: 1,719,239.00 6,261.00 1,725,500.00 1,300,565.69 125,858.51 75.37 424,934.31 Department number: 55 Sewer 1,719,239.00 6,261.00 1,725,500.00 1,300,565.69 125,858.51 75.37 424,934.31 20-5110-57-00 Salaries & Wages 106,969.00 106,969.00 76,375.54 8,463.30 71.40 30,593.46 20-5115-57-00 Salaries - Overtime 5,000.00 5,000.00 1,551.39 95.50 31.03 3,448.61 20-5140-57-00 Salaries - Longevity Pay 550.00 550.00 545.00 99.09 5.00 20-5145-57-00 Social Security Expense 6,788.00 6,788.00 4,624.71 503.97 68.13 2,163.29 20-5150-57-00 Medicare Expense 1,588.00 1,588.00 1,081.58 117.86 68.11 506.42 20-5155-57-00 SUTA Expense 621.00 621.00 95.73 1.35 15.42 525.27 20-5160-57-00 Health Insurance 8,223.00 8,223.00 6,565.85 775.22 79.85 1,657.15 20-5165-57-00 Dental Insurance 626.00 626.00 429.41 51.12 68.60 196.59 20-5170-57-00 AD&D/Life Insurance 189.00 189.00 132.38 15.76 70.04 56.62 20-5175-57-00 Liability (TML) Workers' Comp 241.00 241.00 210.98 87.54 30.02 20-5180-57-00 TMRS Expense 12,686.00 12,686.00 7,920.50 867.02 62.44 4,765.50 20-5185-57-00 Long Term/Short Term Disabilit 185.00 185.00 0.00 185.00 20-5186-57-00 WELLE-Wellness Prog Reimb-Empl 1,200.00 1,200.00 840.00 100.00 70.00 360.00 20-5210-57-00 Office Supplies 1,600.00 1,600.00 1,457.26 29.20 91.08 142.74 20-5212-57-00 Building Supplies 800.00 800.00 590.41 7.29 73.80 209.59 20-5220-57-00 Office Equipment 2,000.00 2,000.00 699.29 34.97 1,300.71 20-5230-57-00 Dues,Fees,& Subscriptions 150.00 150.00 0.00 150.00 20-5240-57-00 Postage and Delivery 21,000.00 21,000.00 18,727.74 2,267.12 89.18 2,272.26 20-5280-57-00 Printing and Reproduction 1,000.00 1,000.00 656.24 278.40 65.62 343.76 20-5400-57-00 Uniform Expense 150.00 150.00 125.88 125.88 83.92 24.12 20-5418-57-00 IT Fees 8,000.00 8,000.00 5,649.50 70.62 2,350.50 20-5419-57-00 IT Licenses 10,000.00 10,000.00 10,000.00 100.00 20-5430-57-00 Legal Fees 1,950.00 1,950.00 1,900.00 97.44 50.00 20-5470-57-00 Trash Collection 820,000.00 820,000.00 598,061.52 77,709.22 72.93 221,938.48 20-5479-57-00 Household Haz. Waste Disposal 6,000.00 6,000.00 3,460.00 700.00 57.67 2,540.00 20-5480-57-00 Contracted Services 15,000.00 (1,950.00)13,050.00 4,659.72 601.10 35.71 8,390.28 20-5520-57-00 Telephones 800.00 800.00 189.08 23.64 610.92 20-5530-57-00 Travel/Lodging/Meals Expense 300.00 300.00 0.00 300.00 20-5533-57-00 Mileage Expense 1,000.00 1,000.00 0.00 1,000.00 20-5536-57-00 Training/Seminars 900.00 900.00 0.00 900.00 Subtotal object - 0 1,033,566.00 1,033,566.00 746,549.71 92,709.31 72.23 287,016.29 Program number: 1,033,566.00 1,033,566.00 746,549.71 92,709.31 72.23 287,016.29 Department number: 57 Utility Billing Department 1,033,566.00 1,033,566.00 746,549.71 92,709.31 72.23 287,016.29 Expense Subtotal - - - - - - 10,357,475.00 67,204.00 10,424,679.00 6,296,116.94 579,747.95 49,607.75 60.40 4,078,954.31 Fund number: 20 Water/Sewer 62,182.00 67,204.00 129,386.00 (319,373.22)(258,244.23)49,607.75 399,151.47 30-4105-10-00 Property Taxes -Delinquent (50,000.00) (50,000.00)(58,500.34)(9,185.34) 117.00 8,500.34 30-4110-10-00 Property Taxes -Current (2,870,065.00) (2,870,065.00)(3,038,839.17)(6,564.86) 105.88 168,774.17 30-4115-10-00 Taxes -Penalties (20,000.00) (20,000.00)(15,365.78)(2,074.01) 76.83 (4,634.22) 30-4610-10-00 Interest Income (15,000.00) (15,000.00)(19,827.87)(2,719.34) 132.19 4,827.87 Subtotal object - 0 (2,955,065.00) (2,955,065.00)(3,132,533.16)(20,543.55) 106.01 177,468.16 Program number: (2,955,065.00) (2,955,065.00)(3,132,533.16)(20,543.55) 106.01 177,468.16 Department number: 10 Administrative (2,955,065.00) (2,955,065.00)(3,132,533.16)(20,543.55) 106.01 177,468.16 Revenue Subtotal - - - - - - (2,955,065.00) (2,955,065.00)(3,132,533.16)(20,543.55) 106.01 177,468.16 30-6186-10-00 2013 GO Ref Bond 287,200.00 287,200.00 68,600.00 23.89 218,600.00 30-6191-10-00 2010 Tax Note Payment 370,175.00 370,175.00 363,918.75 98.31 6,256.25 30-6192-10-00 2011 Ref Bond Pmt 176,616.00 176,616.00 172,891.87 97.89 3,724.13 30-6193-10-00 2012 GO Bond Payment 112,413.00 112,413.00 56,206.25 50.00 56,206.75 30-6198-10-00 2006 Bond Payment 453,413.00 453,413.00 89,906.40 19.83 363,506.60 Item 4b 38 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget 30-6199-10-00 2008 CO Bond Payment 1,079,049.00 1,079,049.00 785,992.50 72.84 293,056.50 30-6200-10-00 Bond Administrative Fees 21,000.00 21,000.00 2,400.00 11.43 18,600.00 30-6201-10-00 2014 G.O. Bond Payment 370,199.00 370,199.00 102,592.98 27.71 267,606.02 Subtotal object - 0 2,870,065.00 2,870,065.00 1,642,508.75 57.23 1,227,556.25 Program number: 2,870,065.00 2,870,065.00 1,642,508.75 57.23 1,227,556.25 Department number: 10 Administrative 2,870,065.00 2,870,065.00 1,642,508.75 57.23 1,227,556.25 Expense Subtotal - - - - - - 2,870,065.00 2,870,065.00 1,642,508.75 57.23 1,227,556.25 Fund number: 30 Interest and Sinking (85,000.00) (85,000.00)(1,490,024.41)(20,543.55) 1,405,024.41 40-4100-10-00 Charges for Services (25,000.00) (25,000.00)(13,275.00)(1,665.00) 53.10 (11,725.00) 40-4610-10-00 Interest Income (250.00) (250.00)(481.09)(52.06) 192.44 231.09 40-4995-10-00 Transfer In (19,400.00) (19,400.00)(1,800.00)(200.00) 9.28 (17,600.00) Subtotal object - 0 (44,650.00) (44,650.00)(15,556.09)(1,917.06) 34.84 (29,093.91) Program number: (44,650.00) (44,650.00)(15,556.09)(1,917.06) 34.84 (29,093.91) Department number: 10 General Fund (44,650.00) (44,650.00)(15,556.09)(1,917.06) 34.84 (29,093.91) Revenue Subtotal - - - - - - (44,650.00) (44,650.00)(15,556.09)(1,917.06) 34.84 (29,093.91) 40-5160-10-00 MERP H & D Expense - GF 30,000.00 30,000.00 2,800.00 9.33 27,200.00 Subtotal object - 0 30,000.00 30,000.00 2,800.00 9.33 27,200.00 Program number: 30,000.00 30,000.00 2,800.00 9.33 27,200.00 Department number: 10 General Fund 30,000.00 30,000.00 2,800.00 9.33 27,200.00 Expense Subtotal - - - - - - 30,000.00 30,000.00 2,800.00 9.33 27,200.00 Fund number: 40 Internal Service Fund (14,650.00) (14,650.00)(12,756.09)(1,917.06) 87.07 (1,893.91) 41-4100-99-00 Charges for Services (486,195.00) (486,195.00)(400,516.47)(44,501.83) 82.38 (85,678.53) 41-4910-99-00 Other Reimbursements (50,000.00) (50,000.00)(9,976.12) 19.95 (40,023.88) 41-4995-99-00 Transfer In (800,000.00) (800,000.00) 0.00 (800,000.00) Subtotal object - 0 (1,336,195.00) (1,336,195.00)(410,492.59)(44,501.83) 30.72 (925,702.41) Program number: (1,336,195.00) (1,336,195.00)(410,492.59)(44,501.83) 30.72 (925,702.41) Department number: 99 Non-Departmental (1,336,195.00) (1,336,195.00)(410,492.59)(44,501.83) 30.72 (925,702.41) Revenue Subtotal - - - - - - (1,336,195.00) (1,336,195.00)(410,492.59)(44,501.83) 30.72 (925,702.41) 41-6125-10-01 Capital-Equipment (Technology) 10,470.00 10,470.00 1,434.85 13.70 9,035.15 Subtotal object - 0 10,470.00 10,470.00 1,434.85 13.70 9,035.15 Program number: 1 Administration-Town Manager 10,470.00 10,470.00 1,434.85 13.70 9,035.15 41-6125-10-02 Capital-Equipment (Technology) 2,200.00 2,200.00 5,004.03 227.46 (2,804.03) Subtotal object - 0 2,200.00 2,200.00 5,004.03 227.46 (2,804.03) Program number: 2 Administration-Town Secretary 2,200.00 2,200.00 5,004.03 227.46 (2,804.03) 41-6125-10-03 Capital-Equipment (Technology) 8,300.00 8,300.00 16,077.58 405.00 193.71 (8,182.58) Subtotal object - 0 8,300.00 8,300.00 16,077.58 405.00 193.71 (8,182.58) Program number: 3 Administration-Finance 8,300.00 8,300.00 16,077.58 405.00 193.71 (8,182.58) 41-6125-10-04 Capital-Equipment (Technology) 2,200.00 2,200.00 0.00 2,200.00 Subtotal object - 0 2,200.00 2,200.00 0.00 2,200.00 Program number: 4 Administration-Human Resources 2,200.00 2,200.00 0.00 2,200.00 Department number: 10 Administration-Town Manager 23,170.00 23,170.00 22,516.46 405.00 97.18 248.54 41-6125-20-00 Capital-Equipment (Technology) 53,040.00 53,040.00 19,619.36 7,362.50 36.99 26,058.14 41-6160-20-00 Capital-Vehicles 76,000.00 76,000.00 76,124.94 0.00 (124.94) Subtotal object - 0 129,040.00 129,040.00 19,619.36 83,487.44 15.20 25,933.20 Program number: 129,040.00 129,040.00 19,619.36 83,487.44 15.20 25,933.20 Department number: 20 Police 129,040.00 129,040.00 19,619.36 83,487.44 15.20 25,933.20 41-6125-25-00 Capital-Equipment (Technology) 1,700.00 1,700.00 1,102.67 202.50 64.86 394.83 Subtotal object - 0 1,700.00 1,700.00 1,102.67 202.50 64.86 394.83 Program number: 1,700.00 1,700.00 1,102.67 202.50 64.86 394.83 Department number: 25 Dispatch 1,700.00 1,700.00 1,102.67 202.50 64.86 394.83 41-6125-30-00 Capital-Equipment (Technology) 31,670.00 31,670.00 12,558.77 39.66 19,111.23 41-6160-30-00 Capital-Vehicles 250,000.00 250,000.00 0.00 250,000.00 Item 4b 39 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget Subtotal object - 0 281,670.00 281,670.00 12,558.77 4.46 269,111.23 Program number: 281,670.00 281,670.00 12,558.77 4.46 269,111.23 Department number: 30 Fire 281,670.00 281,670.00 12,558.77 4.46 269,111.23 41-6125-35-00 Capital-Equipment (Technology) 2,430.00 2,430.00 768.21 31.61 1,661.79 Subtotal object - 0 2,430.00 2,430.00 768.21 31.61 1,661.79 Program number: 2,430.00 2,430.00 768.21 31.61 1,661.79 Department number: 35 Fire Marshal 2,430.00 2,430.00 768.21 31.61 1,661.79 41-6125-40-00 Capital-Equipment (Technology) 961.58 0.00 (961.58) Subtotal object - 0 961.58 0.00 (961.58) Program number: 961.58 0.00 (961.58) Department number: 40 Streets 961.58 0.00 (961.58) 41-6125-50-00 Capital-Equipment (Technology) 6,100.00 6,100.00 961.58 15.76 5,138.42 41-6140-50-00 Machinery & Equipment 95,000.00 95,000.00 85,425.00 89.92 9,575.00 41-6160-50-00 Capital-Vehicles 44,000.00 44,000.00 48,750.79 29,392.04 249.00 110.80 (4,999.79) Subtotal object - 0 145,100.00 145,100.00 135,137.37 29,392.04 249.00 93.13 9,713.63 Program number: 145,100.00 145,100.00 135,137.37 29,392.04 249.00 93.13 9,713.63 Department number: 50 Water 145,100.00 145,100.00 135,137.37 29,392.04 249.00 93.13 9,713.63 41-6125-55-00 Capital-Equipment (Technology) 2,200.00 2,200.00 0.00 2,200.00 41-6140-55-00 Machinery & Equipment 68,790.42 0.00 (68,790.42) 41-6160-55-00 Capital-Vehicles 142,000.00 142,000.00 600.00 34,871.50 0.42 106,528.50 Subtotal object - 0 144,200.00 144,200.00 69,390.42 34,871.50 48.12 39,938.08 Program number: 144,200.00 144,200.00 69,390.42 34,871.50 48.12 39,938.08 Department number: 55 Sewer 144,200.00 144,200.00 69,390.42 34,871.50 48.12 39,938.08 41-6125-57-00 Capital-Equipment (Technology) 3,400.00 3,400.00 2,884.74 607.50 84.85 (92.24) Subtotal object - 0 3,400.00 3,400.00 2,884.74 607.50 84.85 (92.24) Program number: 3,400.00 3,400.00 2,884.74 607.50 84.85 (92.24) Department number: 57 Utility Billing 3,400.00 3,400.00 2,884.74 607.50 84.85 (92.24) 41-6125-60-00 Capital-Equipment (Technology) 2,200.00 2,200.00 0.00 2,200.00 Subtotal object - 0 2,200.00 2,200.00 0.00 2,200.00 Program number: 2,200.00 2,200.00 0.00 2,200.00 Department number: 60 Parks 2,200.00 2,200.00 0.00 2,200.00 41-6125-70-00 Capital-Equipment (Technology) 2,200.00 2,200.00 1,530.42 202.50 69.57 467.08 Subtotal object - 0 2,200.00 2,200.00 1,530.42 202.50 69.57 467.08 Program number: 2,200.00 2,200.00 1,530.42 202.50 69.57 467.08 Department number: 70 Municipal Court 2,200.00 2,200.00 1,530.42 202.50 69.57 467.08 41-6125-80-00 Capital-Equipment (Technology) 8,500.00 8,500.00 5,080.32 1,012.50 59.77 2,407.18 41-6160-80-00 Capital-Vehicles 40,000.00 40,000.00 0.00 40,000.00 Subtotal object - 0 48,500.00 48,500.00 5,080.32 1,012.50 10.48 42,407.18 Program number: 48,500.00 48,500.00 5,080.32 1,012.50 10.48 42,407.18 Department number: 80 Inspections 48,500.00 48,500.00 5,080.32 1,012.50 10.48 42,407.18 41-6125-85-00 Capital-Equipment (Technology) 1,700.00 1,700.00 1,096.57 64.50 603.43 Subtotal object - 0 1,700.00 1,700.00 1,096.57 64.50 603.43 Program number: 1,700.00 1,700.00 1,096.57 64.50 603.43 Department number: 85 Code Enforcement 1,700.00 1,700.00 1,096.57 64.50 603.43 41-6125-90-00 Capital-Equipment (Technology) 6,100.00 6,100.00 1,234.00 202.50 20.23 4,663.50 Subtotal object - 0 6,100.00 6,100.00 1,234.00 202.50 20.23 4,663.50 Program number: 6,100.00 6,100.00 1,234.00 202.50 20.23 4,663.50 Department number: 90 Planning 6,100.00 6,100.00 1,234.00 202.50 20.23 4,663.50 41-6125-98-00 Capital-Equipment (Technology) 2,200.00 2,200.00 1,368.99 202.50 62.23 628.51 Subtotal object - 0 2,200.00 2,200.00 1,368.99 202.50 62.23 628.51 Program number: 2,200.00 2,200.00 1,368.99 202.50 62.23 628.51 Department number: 98 Engineering 2,200.00 2,200.00 1,368.99 202.50 62.23 628.51 Item 4b 40 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget 41-6125-99-00 Capital-Equipment (Technology) 3,400.00 3,400.00 0.00 3,400.00 Subtotal object - 0 3,400.00 3,400.00 0.00 3,400.00 Program number: 3,400.00 3,400.00 0.00 3,400.00 Department number: 99 Non-Departmental 3,400.00 3,400.00 0.00 3,400.00 Expense Subtotal - - - - - - 797,010.00 797,010.00 275,249.88 29,392.04 121,442.94 34.54 400,317.18 Fund number: 41 Vehicle/Equipment Replacement (539,185.00) (539,185.00)(135,242.71)(15,109.79)121,442.94 25.08 (525,385.23) 45-4001-10-00 Storm Drainage Utility Fee (270,400.00) (270,400.00)(202,887.64)(23,166.65) 75.03 (67,512.36) 45-4610-10-00 Interest Storm Utility (1,600.00) (1,600.00)(445.21)(73.53) 27.83 (1,154.79) Subtotal object - 0 (272,000.00) (272,000.00)(203,332.85)(23,240.18) 74.76 (68,667.15) Program number: (272,000.00) (272,000.00)(203,332.85)(23,240.18) 74.76 (68,667.15) Department number: 10 Administration (272,000.00) (272,000.00)(203,332.85)(23,240.18) 74.76 (68,667.15) Revenue Subtotal - - - - - - (272,000.00) (272,000.00)(203,332.85)(23,240.18) 74.76 (68,667.15) 45-5110-10-00 Salaries 80,056.00 (5,664.00)74,392.00 44,656.51 8,020.00 60.03 29,735.49 45-5115-10-00 Salaries-Overtime 3,004.00 3,004.00 2,426.86 642.01 80.79 577.14 45-5126-10-00 Salaries0Vacation Buy-Out 171.00 171.00 0.00 171.00 45-5140-10-00 Salaries-Longevity Pay 75.00 75.00 75.00 100.00 45-5145-10-00 Social Security Expense 5,016.00 5,016.00 2,813.28 517.20 56.09 2,202.72 45-5150-10-00 Medicare Expense 1,174.00 1,174.00 657.95 120.95 56.04 516.05 45-5155-10-00 SUTA Expense 362.00 362.00 18.00 4.97 344.00 45-5160-10-00 Health Insurance 11,477.00 11,477.00 3,761.60 681.12 32.78 7,715.40 45-5165-10-00 Dental Expense 270.00 270.00 278.60 51.12 103.19 (8.60) 45-5170-10-00 Life Ins/AD&D 159.00 159.00 93.77 15.76 58.98 65.23 45-5175-10-00 Liability (TML) Workers Comp 720.00 720.00 630.32 87.54 89.68 45-5180-10-00 TMRS Expense 8,942.00 8,942.00 5,521.24 1,028.18 61.75 3,420.76 45-5185-10-00 Long Term/Short Term Disabilit 1,536.00 1,536.00 0.00 1,536.00 45-5186-10-00 WELLE-Wellness Prog Reimb Empl 600.00 600.00 84.00 14.00 516.00 45-5210-10-00 Office Supplies 400.00 400.00 0.00 400.00 45-5220-10-00 Office Equipment 2,602.00 2,602.00 2,567.99 98.69 34.01 45-5230-10-00 Dues, Fees, & Subscriptions 300.00 300.00 119.06 39.69 180.94 45-5250-10-00 Publications 37.00 37.00 0.00 37.00 45-5310-10-00 Rental Expense 7,800.00 7,800.00 0.00 7,800.00 45-5320-10-00 Repairs & Maiantenance 800.00 800.00 0.00 800.00 45-5340-10-00 Building Repairs 500.00 500.00 232.42 46.48 267.58 45-5350-10-00 Vehicle Expense 1,500.00 1,500.00 177.40 11.83 1,322.60 45-5352-10-00 Fuel 3,300.00 3,300.00 1,171.69 306.69 35.51 2,128.31 45-5353-10-00 Oil/Grease/Inspections 400.00 400.00 0.00 400.00 45-5400-10-00 Uniforms 3,300.00 3,300.00 602.38 18.25 2,697.62 45-5410-10-00 Professional Services-Storm Dr 5,000.00 (2,165.00)2,835.00 0.00 2,835.00 45-5435-10-00 Legal Notices/Filings 1,365.00 1,365.00 1,365.00 100.00 45-5480-10-00 Contract Services 23,009.00 23,009.00 23,009.00 100.00 45-5520-10-00 Telephones 300.00 300.00 426.20 (8.58) 142.07 (126.20) 45-5521-10-00 Cell Phone Expense 687.00 687.00 0.00 687.00 45-5530-10-00 Travel/Lodging/Meals Expense 200.00 800.00 1,000.00 0.00 1,000.00 45-5536-10-00 Training/Seminars 1,400.00 1,400.00 618.95 44.21 781.05 45-5620-10-00 Tools & Equipment 3,200.00 3,200.00 0.00 3,200.00 45-5630-10-00 Safety Equipment 2,600.00 2,600.00 1,197.76 734.61 46.07 1,402.24 45-5640-10-00 Signs & Hardware 600.00 600.00 0.00 600.00 45-5650-10-00 Maintenance Materials 4,000.00 4,000.00 2,950.95 73.77 1,049.05 45-6160-10-00 Capital Expense-Vehicles 19,000.00 5,664.00 24,664.00 24,663.75 0.00 0.25 45-6193-10-00 2012 CO Bond Payment 96,680.00 96,680.00 63,490.00 65.67 33,190.00 45-7143-10-00 Transfer to Internal Serv. Fd 240.00 240.00 180.00 20.00 75.00 60.00 45-7147-10-00 Transfer to GF 14,778.00 14,778.00 11,083.50 1,231.50 75.00 3,694.50 Item 4b 41 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget Subtotal object - 0 283,186.00 23,009.00 306,195.00 170,209.43 13,360.56 24,663.75 55.59 111,321.82 Program number: 283,186.00 23,009.00 306,195.00 170,209.43 13,360.56 24,663.75 55.59 111,321.82 Department number: 10 Administration 283,186.00 23,009.00 306,195.00 170,209.43 13,360.56 24,663.75 55.59 111,321.82 Expense Subtotal - - - - - - 283,186.00 23,009.00 306,195.00 170,209.43 13,360.56 24,663.75 55.59 111,321.82 Fund number: 45 Storm Drainage Utility Fund 11,186.00 23,009.00 34,195.00 (33,123.42)(9,879.62)24,663.75 (96.87)42,654.67 60-4045-60-00 Park Dedication-Fees (200,000.00) (200,000.00)(63,994.28) 32.00 (136,005.72) 60-4055-60-00 Park Improvement (300,000.00) (300,000.00)(66,000.00) 22.00 (234,000.00) 60-4615-60-00 Interest-Park Dedication (1,500.00) (1,500.00)(4,039.10)(477.74) 269.27 2,539.10 60-4620-60-00 Interest-Park Improvements (500.00) (500.00)(3,167.56)(364.62) 633.51 2,667.56 Subtotal object - 0 (502,000.00) (502,000.00)(137,200.94)(842.36) 27.33 (364,799.06) Program number: (502,000.00) (502,000.00)(137,200.94)(842.36) 27.33 (364,799.06) Department number: 60 Parks and Recreation (502,000.00) (502,000.00)(137,200.94)(842.36) 27.33 (364,799.06) Revenue Subtotal - - - - - - (502,000.00) (502,000.00)(137,200.94)(842.36) 27.33 (364,799.06) 60-5270-60-00 Bank Charges 90.00 10.00 0.00 (90.00) 60-5411-60-00 Professional Services-Pk Imp 831.00 831.00 0.00 831.00 60-6001-60-00 Pk Ded Fee Expense 125,000.00 125,000.00 0.00 125,000.00 60-6002-60-00 Pk Imp'ment fee-Expense 89,000.00 89,000.00 89,000.00 0.00 60-6140-60-00 Capital Exp-Pk Dedication 900.00 0.00 (900.00) Subtotal object - 0 214,000.00 831.00 214,831.00 990.00 10.00 89,000.00 0.46 124,841.00 Program number: 214,000.00 831.00 214,831.00 990.00 10.00 89,000.00 0.46 124,841.00 Department number: 60 Parks and Recreation 214,000.00 831.00 214,831.00 990.00 10.00 89,000.00 0.46 124,841.00 Expense Subtotal - - - - - - 214,000.00 831.00 214,831.00 990.00 10.00 89,000.00 0.46 124,841.00 Fund number: 60 Parks & Recreation Fund (288,000.00)831.00 (287,169.00)(136,210.94)(832.36)89,000.00 47.43 (239,958.06) 65-4015-99-00 Impact Fees -Water (2,145,000.00) (2,145,000.00)(1,906,157.00)(369,130.00) 88.87 (238,843.00) 65-4020-99-00 Impact Fees -Sewer (375,650.00) (375,650.00)(327,773.75)(53,567.00) 87.26 (47,876.25) 65-4040-99-00 Thoroughfare Impact Fees (1,444,000.00) (1,444,000.00)(1,708,891.53)(723,817.60) 118.34 264,891.53 65-4041-99-00 West Thorfare Imp. Fees Rev (708,303.00)(100,629.00) 0.00 708,303.00 65-4615-99-00 Interest-Water Impact Fee (3,500.00) (3,500.00)(13,396.52)(1,695.39) 382.76 9,896.52 65-4620-99-00 Interest-Sewer Impact Fee (1,500.00) (1,500.00)(7,015.59)(793.27) 467.71 5,515.59 65-4640-99-00 Interest-Thorfare Imp Fee (3,500.00) (3,500.00)(5,198.37)(601.70) 148.53 1,698.37 65-4641-99-00 Interest-West Thorfare imp fee (1,000.00) (1,000.00)(1,809.12)(201.91) 180.91 809.12 Subtotal object - 0 (3,974,150.00) (3,974,150.00)(4,678,544.88)(1,250,435.87) 117.72 704,394.88 Program number: (3,974,150.00) (3,974,150.00)(4,678,544.88)(1,250,435.87) 117.72 704,394.88 Department number: 99 Impact Fees (3,974,150.00) (3,974,150.00)(4,678,544.88)(1,250,435.87) 117.72 704,394.88 Revenue Subtotal - - - - - - (3,974,150.00) (3,974,150.00)(4,678,544.88)(1,250,435.87) 117.72 704,394.88 65-5415-99-00 Professional Serv-Water Imp Fe 9,568.10 0.00 (9,568.10) 65-5420-99-00 Professional Serv-Sewer Imp Fe 1,012.00 1,012.00 69.00 1,012.35 6.82 (69.35) 65-5440-99-00 Professional Serv-Thorfare Imp 4,750.00 4,750.00 5,041.50 106.14 (291.50) 65-5441-99-00 Prof Serv-West Thorfare Impact 7,777.50 0.00 (7,777.50) 65-6115-99-00 Capital Expenditure-Water 926,887.00 25,000.00 951,887.00 398,580.00 41.87 553,307.00 65-6120-99-00 Capital Expenditure-Sewer 136,600.00 136,600.00 64,339.00 47.10 72,261.00 65-6140-99-00 Capital Expenditure-Thorofare 1,905,000.00 898,000.00 2,803,000.00 237,833.00 8.49 2,565,167.00 65-6141-99-00 Cap. Exp-West Thorfare Impact 278,700.00 0.00 (278,700.00) 65-6413-99-00-1505-ST W Thor-Land Acq/ROW 2,500.00 0.00 (2,500.00) 65-7144-99-00 Transfer to Capital Proj Fund 95,310.81 10,590.09 0.00 (95,310.81) Subtotal object - 0 2,968,487.00 928,762.00 3,897,249.00 1,099,718.91 10,590.09 1,012.35 28.22 2,796,517.74 Program number: 2,968,487.00 928,762.00 3,897,249.00 1,099,718.91 10,590.09 1,012.35 28.22 2,796,517.74 Department number: 99 Impact Fees 2,968,487.00 928,762.00 3,897,249.00 1,099,718.91 10,590.09 1,012.35 28.22 2,796,517.74 Expense Subtotal - - - - - - 2,968,487.00 928,762.00 3,897,249.00 1,099,718.91 10,590.09 1,012.35 28.22 2,796,517.74 Fund number: 65 Impact Fees (1,005,663.00)928,762.00 (76,901.00)(3,578,825.97)(1,239,845.78)1,012.35 3,500,912.62 67-4530-10-00 Police Donation Inc (8,000.00) (8,000.00)(10,378.15)(812.00) 129.73 2,378.15 67-4531-10-00 Fire Dept-Donation Inc (9,360.00) (9,360.00)(12,019.00)(834.00) 128.41 2,659.00 Item 4b 42 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget 67-4535-10-00 Child Safety Inc (7,000.00) (7,000.00)(8,943.11) 127.76 1,943.11 67-4536-10-00 Court Security Revenue (5,280.00) (5,280.00)(4,581.64)(801.44) 86.77 (698.36) 67-4537-10-00 Technology Fd Revenue (7,020.00) (7,020.00)(6,088.80)(1,068.59) 86.74 (931.20) 67-4550-10-00 LEOSE Revenue (1,542.83) 0.00 1,542.83 67-4560-10-00 Library Grant Revenue (2,365.40) 0.00 2,365.40 67-4610-10-00 Interest Income (3,720.00) (3,720.00)(2,973.74)(340.39) 79.94 (746.26) 67-4721-10-00 Country Xmas Donations (10,000.00) (10,000.00)(11,265.00) 112.65 1,265.00 67-4915-10-00 Escrow Income (642,557.20)(50,000.00) 0.00 642,557.20 67-4916-10-00 Cash Seizure Forfeit-PD (13,420.80) 0.00 13,420.80 67-4995-10-00 Transfer In (20,000.00) 0.00 20,000.00 Subtotal object - 0 (50,380.00) (50,380.00)(736,135.67)(53,856.42) 685,755.67 Program number: (50,380.00) (50,380.00)(736,135.67)(53,856.42) 685,755.67 Department number: 10 Administrative (50,380.00) (50,380.00)(736,135.67)(53,856.42) 685,755.67 Revenue Subtotal - - - - - - (50,380.00) (50,380.00)(736,135.67)(53,856.42) 685,755.67 67-5201-10-00 LEOSE Expense 250.00 0.00 (250.00) 67-5202-10-00 Country Xmas Expense 10,000.00 20,000.00 30,000.00 28,920.22 96.40 1,079.78 67-5203-10-00 Court Technology Expense 13,133.00 13,133.00 13,461.50 102.50 (328.50) 67-5204-10-00 Court Security Expense 4,000.00 4,000.00 571.20 71.40 14.28 3,428.80 67-5205-10-00 Police Donation Exp 6,000.00 6,000.00 4,150.00 69.17 1,850.00 67-5206-10-00 Fire Dept Donation Exp 5,094.04 0.00 (5,094.04) 67-5208-10-00 Child Safety Expense 25,000.00 25,000.00 5,788.50 23.15 19,211.50 67-5212-10-00 Tree Mitigation Expense 14,000.00 14,000.00 0.00 14,000.00 67-5216-10-00 Volunteer Per Diem Expense 75.00 0.00 (75.00) 67-5220-10-00 Library Grant Expense 4,805.48 3,787.20 0.00 (4,805.48) 67-5292-10-00 PD Seizure Expense 3,000.00 3,000.00 1,800.00 60.00 1,200.00 Subtotal object - 0 75,133.00 20,000.00 95,133.00 64,915.94 3,858.60 68.24 30,217.06 Program number: 75,133.00 20,000.00 95,133.00 64,915.94 3,858.60 68.24 30,217.06 Department number: 10 Administrative 75,133.00 20,000.00 95,133.00 64,915.94 3,858.60 68.24 30,217.06 Expense Subtotal - - - - - - 75,133.00 20,000.00 95,133.00 64,915.94 3,858.60 68.24 30,217.06 Fund number: 67 Special Revenue-Donations 24,753.00 20,000.00 44,753.00 (671,219.73)(49,997.82) 715,972.73 75-4530-10-00 Contributions (19,696,900.00) (19,696,900.00) 0.00 (19,696,900.00) 75-4530-10-00-1405-ST Contributions (706,250.00) 0.00 706,250.00 75-4530-10-00-1504-PK Contributions (450,000.00) 0.00 450,000.00 75-4611-10-00 Interest-2004 Bond (1,500.00) (1,500.00)(1,531.97)(170.57) 102.13 31.97 75-4612-10-00 Interest-2006 Bond (100.00) (100.00)(350.32)(49.56) 350.32 250.32 75-4613-10-00 Interest 2008 Bond (5,000.00) (5,000.00)(10,186.78)(1,122.23) 203.74 5,186.78 75-4616-10-00 Interest 2012 GO Bond (5,000.00) (5,000.00)(8,359.17)(1,014.67) 167.18 3,359.17 75-4995-10-00 Transfer In (1,140,000.00) (1,140,000.00)(785,250.00)(87,250.00) 68.88 (354,750.00) Subtotal object - 0 (20,848,500.00) (20,848,500.00)(1,961,928.24)(89,607.03) 9.41 (18,886,571.76) Program number: (20,848,500.00) (20,848,500.00)(1,961,928.24)(89,607.03) 9.41 (18,886,571.76) Department number: 10 Capital Projects (20,848,500.00) (20,848,500.00)(1,961,928.24)(89,607.03) 9.41 (18,886,571.76) Revenue Subtotal - - - - - - (20,848,500.00) (20,848,500.00)(1,961,928.24)(89,607.03) 9.41 (18,886,571.76) 75-5419-10-00-1401-FC Professional Services 282,184.13 21,155.37 0.00 (303,339.50) 75-5419-10-00-1402-FC Professional Services 27,371.75 2,131.91 16,764.34 0.00 (44,136.09) 75-5419-10-00-1405-ST Professional Services 201,860.00 2,860.00 32,668.75 0.00 (234,528.75) 75-5419-10-00-1406-TR Professional Services 4,400.00 0.00 (4,400.00) 75-5419-10-00-1408-TR Professional Services 9,722.00 10,074.00 0.00 (19,796.00) 75-5419-10-00-1412-ST Professional Services 21,500.00 0.00 (21,500.00) 75-5419-10-00-1416-ST Professional Services 200.00 0.00 (200.00) 75-5419-10-00-1511-ST Professional Services 26,352.50 26,352.50 258,805.50 0.00 (285,158.00) 75-5419-10-00-1512-ST Professional Services 24,570.00 24,570.00 506,783.00 0.00 (531,353.00) 75-6110-10-00 Capital Expenditure 28,407,055.00 75,000.00 28,482,055.00 0.00 28,482,055.00 Item 4b 43 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget 75-6113-10-00 Capital Expenditure 2008 Bond 90,877.42 0.00 (90,877.42) 75-6120-10-00 Non-Bond Capital Expenditures 6,171.23 0.00 (6,171.23) 75-6410-10-00-1416-ST Land Acquisition/ROW 3,855.00 0.00 (3,855.00) 75-6410-10-00-1504-PK Land AcquisitionROW 1,037,374.15 0.00 (1,037,374.15) 75-6610-10-00-1205-ST Construction 81,816.75 0.00 (81,816.75) 75-6610-10-00-1207-ST Construction 476,614.72 0.00 (476,614.72) 75-6610-10-00-1304-PK Construction 93,666.08 7,822.63 0.00 (93,666.08) 75-6610-10-00-1405-ST Construction 341,771.03 2,140,374.57 0.00 (2,482,145.60) 75-6610-10-00-1406-TR Construction 93,448.00 0.00 (93,448.00) 75-6610-10-00-1408-TR Construction 102,958.53 813,235.00 0.00 (916,193.53) 75-6610-10-00-1411-TR Construction 35,522.94 303.45 0.00 (35,826.39) 75-6610-10-00-1413-ST Construction 15,590.20 0.00 (15,590.20) 75-6610-10-00-1416-ST Construction 715,923.96 86,309.09 234,412.64 0.00 (950,336.60) 75-6610-10-00-1418-ST Construction 22,929.35 0.00 (22,929.35) 75-6610-10-00-1502-PK Construction 407,747.00 0.00 (407,747.00) 75-6610-10-00-1506-PK Construction 98,280.69 30,261.03 0.00 (128,541.72) 75-6610-10-00-1510-FC Construction 812,715.06 25,287.00 266,120.00 0.00 (1,078,835.06) Subtotal object - 0 28,407,055.00 75,000.00 28,482,055.00 4,838,457.74 175,333.13 4,527,922.40 16.99 19,115,674.86 Program number: 28,407,055.00 75,000.00 28,482,055.00 4,838,457.74 175,333.13 4,527,922.40 16.99 19,115,674.86 Department number: 10 Capital Projects 28,407,055.00 75,000.00 28,482,055.00 4,838,457.74 175,333.13 4,527,922.40 16.99 19,115,674.86 Expense Subtotal - - - - - - 28,407,055.00 75,000.00 28,482,055.00 4,838,457.74 175,333.13 4,527,922.40 16.99 19,115,674.86 Fund number: 75 Capital Projects 7,558,555.00 75,000.00 7,633,555.00 2,876,529.50 85,726.10 4,527,922.40 37.68 229,103.10 76-4610-10-00 Interest Income (25,500.00) (25,500.00)(25,658.92)(2,757.39) 100.62 158.92 76-4910-10-00 Other Revenue (28,739.56) 0.00 28,739.56 76-4996-10-00 Transfers In (379,081.00) (379,081.00)(100,560.87)(11,173.43) 26.53 (278,520.13) Subtotal object - 0 (404,581.00) (404,581.00)(154,959.35)(13,930.82) 38.30 (249,621.65) Program number: (404,581.00) (404,581.00)(154,959.35)(13,930.82) 38.30 (249,621.65) Department number: 10 Capital Projects-W/S (404,581.00) (404,581.00)(154,959.35)(13,930.82) 38.30 (249,621.65) Revenue Subtotal - - - - - - (404,581.00) (404,581.00)(154,959.35)(13,930.82) 38.30 (249,621.65) 76-5419-10-00-1501-WA Professional Services 12,613.65 5,395.65 172,486.35 0.00 (185,100.00) 76-6410-10-00-0407-WA Land Acquisition / ROW 2,200.00 0.00 (2,200.00) 76-6610-10-00 Construction 2,382,500.00 2,382,500.00 0.00 2,382,500.00 76-6610-10-00-1202-WA Construction 230,927.50 0.00 (230,927.50) 76-6610-10-00-1204-WA Construction 170,288.00 (18,426.00)0.00 (151,862.00) 76-6610-10-00-1503-WW Construction 1,071.65 6,500.00 0.00 (7,571.65) Subtotal object - 0 2,382,500.00 2,382,500.00 417,100.80 5,395.65 160,560.35 17.51 1,804,838.85 Program number: 2,382,500.00 2,382,500.00 417,100.80 5,395.65 160,560.35 17.51 1,804,838.85 Department number: 10 Capital Projects-W/S 2,382,500.00 2,382,500.00 417,100.80 5,395.65 160,560.35 17.51 1,804,838.85 Expense Subtotal - - - - - - 2,382,500.00 2,382,500.00 417,100.80 5,395.65 160,560.35 17.51 1,804,838.85 Fund number: 76 Capital Projects - Water/Sewer 1,977,919.00 1,977,919.00 262,141.45 (8,535.17)160,560.35 13.25 1,555,217.20 80-4120-65-00 Sales Taxes - EDC (870,000.00) (870,000.00)(734,808.88)(82,586.99) 84.46 (135,191.12) 80-4610-65-00 Interest Income (16,000.00) (16,000.00)(14,190.56)(1,662.97) 88.69 (1,809.44) 80-4910-65-00 Other Revenue (46.96) 0.00 46.96 Subtotal object - 0 (886,000.00) (886,000.00)(749,046.40)(84,249.96) 84.54 (136,953.60) Program number: (886,000.00) (886,000.00)(749,046.40)(84,249.96) 84.54 (136,953.60) Department number: 65 Economic Development (886,000.00) (886,000.00)(749,046.40)(84,249.96) 84.54 (136,953.60) Revenue Subtotal - - - - - - (886,000.00) (886,000.00)(749,046.40)(84,249.96) 84.54 (136,953.60) 80-5110-65-00 Salaries & Wages 231,000.00 231,000.00 167,633.48 18,047.80 72.57 63,366.52 80-5115-65-00 Salaries - Overtime 500.00 500.00 396.03 19.57 79.21 103.97 80-5140-65-00 Salaries - Longevity Pay 300.00 300.00 270.00 90.00 30.00 80-5142-65-00 Car Allowance 6,000.00 6,000.00 4,338.48 461.54 72.31 1,661.52 80-5143-65-00 Cell Phone Allowance 2,160.00 2,160.00 2,482.00 270.00 114.91 (322.00) Item 4b 44 Current Current Currrent Current Current Current Year Year Year YTD Month Percent YTD Remaining Account Number Description Adopted Budget Amendments Amended Budget Actual Actual Encumbrances % Budget 80-5145-65-00 Social Security Expense 14,350.00 14,350.00 9,318.91 1,113.63 64.94 5,031.09 80-5150-65-00 Medicare Expense 3,350.00 3,350.00 2,437.15 260.45 72.75 912.85 80-5155-65-00 SUTA Expense 650.00 650.00 27.00 4.15 623.00 80-5160-65-00 Health Insurance 17,864.00 17,864.00 14,146.64 1,624.60 79.19 3,717.36 80-5165-65-00 Dental Insurance 1,100.00 1,100.00 644.11 76.68 58.56 455.89 80-5170-65-00 Life Insurance/AD&D 300.00 300.00 384.89 45.82 128.30 (84.89) 80-5175-65-00 Liability (TML) Workers' Comp 550.00 550.00 481.50 87.55 68.50 80-5176-65-00 TML Prop. & Liab Insurance 800.00 800.00 669.28 83.66 130.72 80-5180-65-00 TMRS Expense 24,800.00 24,800.00 20,241.51 2,239.73 81.62 4,558.49 80-5185-65-00 Long Term/Short Term Disabilit 560.00 560.00 0.00 560.00 80-5186-65-00 WELLE-Wellness Prog Reimb-Empl 1,800.00 1,800.00 588.00 70.00 32.67 1,212.00 80-5189-65-00 Administrative Fees 7,500.00 7,500.00 5,625.00 625.00 75.00 1,875.00 80-5191-65-00 Hiring Cost 100.00 100.00 0.00 100.00 80-5210-65-00 Office Supplies 2,000.00 2,000.00 2,251.69 156.07 112.59 (251.69) 80-5212-65-00 Building Supplies 500.00 (350.00)150.00 22.52 15.01 127.48 80-5220-65-00 Office Equipment 1,800.00 (650.00)1,150.00 1,092.84 95.03 57.16 80-5230-65-00 Dues,Fees,& Subscriptions 6,000.00 630.00 6,630.00 6,354.06 802.24 95.84 275.94 80-5240-65-00 Postage and Delivery 1,000.00 1,000.00 379.14 56.77 37.91 620.86 80-5265-65-00 Promotional Expense 40,000.00 6,000.00 46,000.00 43,762.76 1,345.00 95.14 2,237.24 80-5280-65-00 Printing and Reproduction 2,000.00 (1,000.00)1,000.00 892.08 89.21 107.92 80-5310-65-00 Rental Expense 41,000.00 41,000.00 30,596.82 3,355.30 74.63 10,403.18 80-5330-65-00 Copier Expense 5,500.00 5,500.00 3,980.64 497.76 72.38 1,519.36 80-5340-65-00 Building Repairs 200.00 200.00 200.00 100.00 80-5410-65-00 Professional Services 15,000.00 5,000.00 20,000.00 16,614.25 380.00 83.07 3,385.75 80-5412-65-00 Audit Fees 1,500.00 1,500.00 1,500.00 100.00 80-5418-65-00 IT Fees 5,000.00 5,000.00 1,856.50 2,599.10 37.13 544.40 80-5430-65-00 Legal Fees 15,000.00 (10,630.00)4,370.00 874.00 20.00 3,496.00 80-5520-65-00 Telephones 3,200.00 1,000.00 4,200.00 2,831.02 326.40 67.41 1,368.98 80-5524-65-00 Gas-Building 400.00 400.00 239.59 14.56 59.90 160.41 80-5525-65-00 Electricity 2,100.00 2,100.00 1,137.25 149.50 54.16 962.75 80-5526-65-00 Water 500.00 500.00 215.51 54.69 43.10 284.49 80-5530-65-00 Travel/Lodging/Meals Expense 10,000.00 10,000.00 4,752.57 433.00 47.53 5,247.43 80-5531-65-00 Prospect Mtgs/Business Meals 5,500.00 5,500.00 3,201.49 477.34 58.21 2,298.51 80-5533-65-00 Mileage Expense 2,300.00 2,300.00 1,455.24 63.27 844.76 80-5536-65-00 Training/Seminars 5,500.00 5,500.00 3,700.00 130.00 67.27 1,800.00 80-6015-65-00 Project Incentives 100,000.00 100,000.00 50,000.00 50,000.00 50.00 50,000.00 Subtotal object - 0 579,684.00 579,684.00 407,593.95 83,033.45 2,599.10 70.31 169,490.95 Program number: 579,684.00 579,684.00 407,593.95 83,033.45 2,599.10 70.31 169,490.95 Department number: 65 Economic Development 579,684.00 579,684.00 407,593.95 83,033.45 2,599.10 70.31 169,490.95 Expense Subtotal - - - - - - 579,684.00 579,684.00 407,593.95 83,033.45 2,599.10 70.31 169,490.95 Fund number: 80 Economic Development Corporati (306,316.00) (306,316.00)(341,452.45)(1,216.51)2,599.10 111.47 32,537.35 Item 4b Item 4c Item 4c Item 4c Item 4c Item 4c Item 4c Page 1 of 1 To: Mayor and Town Council From: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 11, 2015 Agenda Item: Consider accepting the submission of the certified collection rate of 100 percent for FY 2015- 2016. Description of Agenda Item: Section 26.04 of the Texas Property Tax Code requires that a “taxing unit’s collector shall certify an estimate of the collection rate for the current year to the governing body.” The purpose of this agenda item is to accept formally the certification of the anticipated collection rate used for the General Fund, Debt Service Fund, and the TIRZ Funds for the 2015-2016 fiscal year. The collection rate includes the current taxes, delinquent taxes, penalties, and interest. The table below displays a five-year history of the Town’s tax collection rates. The 2015 numbers are reported as of June 30, 2015. Fiscal year ended Sept. 30 Percent of Current Levy Collected Total Collections as a Percent of Tax Levy 2011 99.44% 100.44% 2012 99.11% 100.46% 2013 99.24% 100.50% 2014 103.40% 106.43% 2015 99.16% 101.21% Attached to this staff report is the Collin County Tax Collector’s certification letter for 2015. As in past years, the anticipated collection rate is 100%. Attached Documents: 1. Letter of certification of anticipated collection rate for 2015. Town Staff Recommendation: Town staff recommends that the Town Council accept the submission of the certified collection rate of 100 percent for Fiscal Year 2015-2016. Proposed Motion: I move to accept the submission of the certified collection rate of 100 percent for FY 2015-2016. Prosper is a place where everyone matters. TOWN MANAGER’S OFFICE Item 4d Item 4d Page 1 of 2 To: Mayor and Town Council From: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 11, 2015 Agenda Item: Consider and act upon an ordinance establishing the 2015 certified appraisal roll. Description of Agenda Item: Section 26.04 of the Texas Property Tax Code says that a taxing unit’s assessor “shall submit the appraisal roll for the unit showing the total appraised, assessed, and taxable values of all property and the total taxable value of new property to the governing body of the unit by August 1 or as soon thereafter as possible.” The roll lists all the taxable property and values within the Town limits for 2015. The Town will also be required to approve the tax roll after the property tax rate is set. There are four main parts to the property tax system. First, the Denton Central Appraisal District (DCAD) and the Collin Central Appraisal District (CCAD) set the value of the property within Prosper each year. Second, the Appraisal Review Boards (ARB’s) settle any disagreements between the taxpayers and the appraisal districts about the value of property. Third, the Collin County Tax Collector’s Office performs tax collection for the Town by contract. The Office also calculates the effective tax rate and rollback tax rate required by state law. Finally, the Town decides how much money it will need to provide services to the community. This determines the total amount of taxes that will need to be collected and the tax rate required to produce this amount. The total freeze adjusted taxable value on the 2015 appraisal roll, including estimated values under protest, is $2,129,311,118, which is 21.45% higher than last year. The total value before the freeze adjustment is $2,302,948,940. Once the tax rate is approved, the Town will be able to begin collecting its 2015 tax levy (i.e., property tax revenue). These funds will be used to cover operating and maintenance expenses as well as debt service. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., prepared this standard form ordinance establishing the certified appraisal roll. Attached Documents: 1. Proposed Ordinance Prosper is a place where everyone matters. TOWN MANAGER’S OFFICE Item 4e Page 2 of 2 Town Staff Recommendation: Town staff recommends that the Town Council approve the ordinance establishing the 2015 certified appraisal roll. Proposed Motion: I move to approve the ordinance establishing the 2015 certified appraisal roll. Item 4e TOWN OF PROSPER, TEXAS ORDINANCE NO. 15-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, APPROVING THE 2015 APPRAISAL ROLL; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Central Appraisal District (DCAD) and the Collin Central Appraisal District (CCAD) prepare the certified appraisal rolls and rolls under protest of the taxable property in the Town of Prosper, Texas (Town); and WHEREAS, the Town uses the certified appraisal rolls and rolls under protest received from the DCAD and CCAD to calculate the tax rate and rollback tax rate applicable to taxable property in the Town; and WHEREAS, approval by the Town of the certified appraisal roll is required by state law as an integral part of the Town’s ability to levy and collect property taxes. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual determinations of the Town and they are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2 The Town Council hereby approves the certified total taxable (before freeze loss) value on the 2015 appraisal roll of the Town in the amount of $2,302,948,940 assessed valuation, based on the certified appraisal rolls and rolls under protest as approved by the Appraisal Review Boards of the DCAD and the CCAD. SECTION 3 Any and all ordinances, resolutions, rules, regulations, policies, or provisions in conflict with the provisions of this Ordinance are hereby repealed and rescinded to the extent of the conflict herewith. SECTION 4 If any section, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof by any persons or circumstances is held invalid in any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and, the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Item 4e Ordinance No. 15-____, Page 2 DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ____ TO ____, ON THIS 11TH DAY OF AUGUST, 2015. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Item 4e Page 1 of 1 To: Mayor and Town Council From: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 11, 2015 Agenda Item: Consider accepting submission of the 2015 effective tax rate of $0.480591 per $100 taxable value and the rollback tax rate of $0.524487 per $100 taxable value. Description of Agenda Item: State law requires municipalities to submit to their governing boards and publish in a local newspaper a notice showing their effective and rollback tax rates and the notice-and-hearing limit for the upcoming fiscal year. The effective tax rate will produce the same amount of tax revenue if applied to the same properties in both years. The rollback rate is the highest tax rate the Town can set before taxpayers can initiate rollback procedures. All taxing units that levied property taxes in 2014 and intend to levy them in 2015 must calculate an effective tax rate and a rollback tax rate. Although the actual calculation is more detailed, the Town’s effective tax rate is generally equal to the prior year’s taxes divided by the current taxable value of properties that were also on the tax roll in the prior year. The effective tax rate is intended to enable the public to evaluate the relationship between taxes for the current year and taxes that a proposed tax rate would produce if applied to the same properties taxed in both years. The rollback rate calculation is split into two separate components: an operating and maintenance rate and a debt rate. The rollback rate calculation allows municipalities to raise 108 percent of the prior year’s operating and maintenance money, plus the necessary debt rate. State law also requires municipalities to publish the effective and rollback tax rates, and to hold two public hearings if the proposed tax rate exceeds the lower of the effective or rollback tax rate. Because the Town’s proposed tax rate of $0.5200 is higher than the effective tax rate of $0.480591, the Town will have to hold public hearings on the tax rate. Attached Documents: 1. 2015 Effective Tax Rate Worksheet. Town Staff Recommendation: Town staff recommends that the Town Council accept the submission of the 2015 effective tax rate of $0.480591 per $100 taxable value and the rollback tax rate of $0.524487 per $100 taxable value. Proposed Motion: I move to accept the submission of the 2015 effective tax rate of $0.480591 per $100 taxable value and the rollback tax rate of $0.524487 per $100 taxable value. Prosper is a place where everyone matters. TOWN MANAGER’S OFFICE Item 4f 2015 Effective Tax Rate Worksheet Town of Prosper Date: 07/29/2015 05:07 PM 1. 2014 total taxable value. Enter the amount of 2014 taxable value on the 2014 tax roll today. Include any adjustments since last year's certification; exclude Tax Code Section 25.25(d) one-third over-appraisal corrections from these adjustments. This total includes the taxable value of homesteads with tax ceilings (will deduct in Line 2) and the captured value for tax increment financing (will deduct taxes in Line 14). $1,882,747,425 2. 2014 tax ceilings. Counties, cities and junior college districts. Enter 2014 total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other taxing units enter 0. If your taxing units adopted the tax ceiling provision in 2014 or a prior year for homeowners age 65 or older or disabled, use this step. $134,983,852 3. Preliminary 2014 adjusted taxable value. Subtract Line 2 from Line 1.$1,747,763,573 4. 2014 total adopted tax rate.$0.520000/$100 5. 2014 taxable value lost because court appeals of ARB decisions reduced 2014 appraised value. A. Original 2014 ARB Values. B. 2014 values resulting from final court decisions. C. 2014 value loss. Subtract B from A. $1,651,839 $1,398,908 $252,931 6. 2014 taxable value, adjusted for court-ordered reductions. Add Line 3 and Line 5C. $1,748,016,504 7. 2014 taxable value of property in territory the taxing unit deannexed after Jan. 1, 2014. Enter the 2014 value of property in deannexed territory.$0 8. 2014 taxable value lost because property first qualified for an exemption in 2015. Note that lowering the amount or percentage of an existing exemption does not create a new exemption or reduce taxable value. If the taxing unit increased an original exemption, use the difference between the original exempted amount and the increased exempted amount. Do not include value lost to freeport or goods-in-transit exemptions. A. Absolute exemptions. Use 2014 market value: B. Partial exemptions. 2015 exemption amount or 2015 percentage exemption times 2014 value: C. Value loss. Add A and B. $2,741,032 $1,426,790 $4,167,822 9. 2014 taxable value lost because property first qualified for agricultural appraisal (1- d or 1-d-1), timber appraisal, recreational/scenic appraisal or public access airport special appraisal in 2015. Use only properties that qualified in 2015 for the first time; do not use properties that qualified in 2014. A. 2014 market value: B. 2015 productivity or special appraised value: C. Value loss. Subtract B from A. $0 $3,340 $-3,340 Item 4f 10. Total adjustments for lost value. Add lines 7, 8C and 9C.$4,164,482 11. 2014 adjusted taxable value. Subtract Line 10 from Line 6.$1,743,852,022 12. Adjusted 2014 taxes. Multiply Line 4 by line 11 and divide by $100.$9,068,030 13. Taxes refunded for years preceding tax year 2014. Enter the amount of taxes refunded by the taxing unit for tax years preceding tax year 2014. Types of refunds include court decisions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11 payment errors. Do not include refunds for tax year 2014. This line applies only to tax years preceding tax year 2014. $1,983 14. Taxes in tax increment financing (TIF) for tax year 2014. Enter the amount of taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit. If the taxing unit has no 2015 captured appraised value in Line 16D, enter 0. $0 15. Adjusted 2014 taxes with refunds and TIF adjustment. Add Lines 12 and 13, subtract Line 14. $9,070,013 16. Total 2015 taxable value on the 2015 certified appraisal roll today. This value includes only certified values and includes the total taxable value of homesteads with tax ceilings (will deduct in Line 18). These homesteads include homeowners age 65 or older or disabled. A. Certified values: B. Counties: Include railroad rolling stock values certified by the Comptroller's office: C. Pollution control exemption: Deduct the value of property exempted for the current tax year for the first time as pollution control property: D. Tax increment financing: Deduct the 2015 captured appraised value of property taxable by a taxing unit in a tax increment financing zone for which the 2015 taxes will be deposited into the tax increment fund. Do not include any new property value that will be included in Line 21 below. E. Total 2015 value. Add A and B, then subtract C and D. $2,253,644,614 $0 $0 $0 $2,253,644,614 17. Total value of properties under protest or not included on certified appraisal roll. A. 2015 taxable value of properties under protest. The chief appraiser certifies a list of properties still under ARB protest. The list shows the appraisal district's value and the taxpayer's claimed value, if any, or an estimate of the value if the taxpayer wins. For each of the properties under protest, use the lowest of these values. Enter the total value. B. 2015 value of properties not under protest or included on certified appraisal roll. The chief appraiser gives taxing units a list of those taxable properties that the chief appraiser knows about, but are not included in the appraisal roll certification. These properties also are not on the list of properties that are still under protest. On this list of properties, the chief appraiser includes the market value, appraised value and exemptions for the preceding year and a reasonable estimate of the market value, appraised value and exemptions for the current year. Use the lower market, appraised or taxable value (as appropriate). Enter the total value. C. Total value under protest or not certified: Add A and B. $41,544,431 $0 $41,544,431 Item 4f 18. 2015 tax ceilings. Counties, cities and junior colleges enter 2015 total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other taxing units enter 0. If your taxing units adopted the tax ceiling provision in 2014 or a prior year for homeowners age 65 or older or disabled, use this step. $173,565,133 19. 2015 total taxable value. Add Lines 16E and 17C. Subtract Line 18.$2,121,623,912 20. Total 2015 taxable value of properties in territory annexed after Jan. 1, 2014. Include both real and personal property. Enter the 2015 value of property in territory annexed. $41,544,431 21. Total 2015 taxable value of new improvements and new personal property located in new improvements. New means the item was not on the appraisal roll in 2014. An improvement is a building, structure, fixture or fence erected on or affixed to land. New additions to existing improvements may be included if the appraised value can be determined. New personal property in a new improvement must have been brought into the taxing unit after Jan. 1, 2014, and be located in a new improvement. New improvements do include property on which a tax abatement agreement has expired for 2015. $192,819,652 22. Total adjustments to the 2015 taxable value. Add Lines 20 and 21.$234,364,083 23. 2015 adjusted taxable value. Subtract Line 22 from Line 19.$1,887,259,829 24. 2015 effective tax rate. Divide Line 15 by Line 23 and multiply by $100.$0.480591/$100 25. COUNTIES ONLY. Add together the effective tax rates for each type of tax the county levies. The total is the 2015 county effective tax rate. A county, city or hospital district that adopted the additional sales tax in November 2014 or in May 2015 must adjust its effective tax rate. The Additional Sales Tax Rate Worksheet sets out this adjustment. Do not forget to complete the Additional Sales Tax Rate Worksheet if the taxing unit adopted the additional sales tax on these dates. Item 4f 2015 Rollback Tax Rate Worksheet Town of Prosper Date: 07/29/2015 26. 2014 maintenance and operations (M&O) tax rate.$0.356301/$100 27. 2014 adjusted taxable value. Enter the amount from Line 11.$1,743,852,022 28. 2014 M&O taxes. A. Multiply Line 26 by Line 27 and divide by $100. B. Cities, counties and hospital districts with additional sales tax: Amount of additional sales tax collected and spent on M&O expenses in 2014. Enter amount from full year's sales tax revenue spent for M&O in 2014 fiscal year, if any. Other taxing units enter 0. Counties exclude any amount that was spent for economic development grants from the amount of sales tax spent. C. Counties: Enter the amount for the state criminal justice mandate. If second or later year, the amount is for increased cost above last year's amount. Other taxing units enter 0. D. Transferring function: If discontinuing all of a department, function or activity and transferring it to another taxing unit by written contract, enter the amount spent by the taxing unit discontinuing the function in the 12 months preceding the month of this calculation. If the taxing unit did not operate this function for this 12-month period, use the amount spent in the last full fiscal year in which the taxing unit operated the function. The taxing unit discontinuing the function will subtract this amount in H below. The taxing unit receiving the function will add this amount in H below. Other taxing units enter 0. E. Taxes refunded for years preceding tax year 2014: Enter the amount of M&O taxes refunded in the preceding year for taxes before that year. Types of refunds include court decisions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11 payment errors. Do not include refunds for tax year 2014. This line applies only to tax years preceding tax year 2014. F. Enhanced indigent health care expenditures: Enter the increased amount for the current year's enhanced indigent health care expenditures above the preceding tax year's enhanced indigent health care expenditures, less any state assistance. G. Taxes in TIF: Enter the amount of taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit. If the taxing unit has no 2015 captured appraised value in Line 16D, enter 0. H. Adjusted M&O Taxes. Add A, B, C, E and F. For unit with D, subtract if discontinuing function and add if receiving function. Subtract G. $6,213,362 $898,377 $0 $0 $1,241 $0 $0 $7,112,980 29. 2015 adjusted taxable value. Enter Line 23 from the Effective Tax Rate Worksheet. $1,887,259,829 30. 2015 effective maintenance and operations rate. Divide Line 28H by Line 29 and multiply by $100.$0.376895/$100 31. 2015 rollback maintenance and operation rate. Multiply Line 30 by 1.08.$0.407046/$100 Item 4f 32. Total 2015 debt to be paid with property taxes and additional sales tax revenue. "Debt" means the interest and principal that will be paid on debts that: (1) are paid by property taxes, (2) are secured by property taxes, (3) are scheduled for payment over a period longer than one year and (4) are not classified in the taxing unit's budget as M&O expenses A. Debt also includes contractual payments to other taxing units that have incurred debts on behalf of this taxing unit, if those debts meet the four conditions above. Include only amounts that will be paid from property tax revenue. Do not include appraisal district budget payments. List the debt in Schedule B: Debt Service. B. Subtract unencumbered fund amount used to reduce total debt. C. Subtract amount paid from other resources. D. Adjusted debt. Subtract B and C from A. $3,390,040 $0 $0 $3,390,040 33. Certified 2014 excess debt collections. Enter the amount certified by the collector.$0 34. Adjusted 2015 debt. Subtract Line 33 from Line 32D.$3,390,040 35. Certified 2015 anticipated collection rate. Enter the rate certified by the collector. If the rate is 100 percent or greater, enter 100 percent.100.00% 36. 2015 debt adjusted for collections. Divide Line 34 by Line 35 $3,390,040 37. 2015 total taxable value. Enter the amount on Line 19.$2,121,623,912 38. 2015 debt tax rate. Divide Line 36 by Line 37 and multiply by $100.$0.159785/$100 39. 2015 rollback tax rate. Add Lines 31 and 38.$0.566831/$100 40. COUNTIES ONLY. Add together the rollback tax rates for each type of tax the county levies. The total is the 2015 county rollback tax rate. A taxing unit that adopted the additional sales tax must complete the lines for the Additional Sales Tax Rate. A taxing unit seeking additional rollback protection for pollution control expenses completes the Additional Rollback Protection for Pollution Control. Item 4f 2015 Additional Sales Tax Rate Worksheet Town of Prosper Date: 07/29/2015 41. Taxable Sales. For taxing units that adopted the sales tax in November 2014 or May 2015, enter the Comptroller's estimate of taxable sales for the previous four quarters. Taxing units that adopted the sales tax before November 2014, skip this line. $0 42. Estimated sales tax revenue. Counties exclude any amount that is or will be spent for economic development grants from the amount of estimated sales tax revenue. Taxing units that adopted the sales tax in November 2014 or in May 2015. Multiply the amount on Line 41 by the sales tax rate (.01, .005 or .0025, as applicable) and multiply the result by .95. - or - Taxing units that adopted the sales tax before November 2014. Enter the sales tax revenue for the previous four quarters. Do not multiply by .95. $898,377 43. 2015 total taxable value. Enter the amount from Line 37 of the Rollback Tax Rate Worksheet.$2,121,623,912 44. Sales tax adjustment rate. Divide Line 42 by Line 43 and multiply by $100.$0.042344/$100 45. 2015 effective tax rate, unadjusted for sales tax. Enter the rate from Line 24 or 25, as applicable, on the Effective Tax Rate Worksheet.$0.480591/$100 46. 2015 effective tax rate, adjusted for sales tax. Taxing units that adopted the sales tax in November 2014 or in May 2015. Subtract Line 44 from Line 45. Skip to Line 47 if you adopted the additional sales tax before November 2014. $0.480591/$100 47. 2015 rollback tax rate, unadjusted for sales tax. Enter the rate from Line 39 or 40, as applicable, of the Rollback Tax Rate Worksheet.$0.566831/$100 48. 2015 rollback tax rate, adjusted for sales tax. Subtract Line 44 from Line 47.$0.524487/$100 Item 4f Page 1 of 2 To: Mayor and Town Council From: Robert Winningham, Prosper EDC Executive Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 11, 2015 Agenda Item: Consider and act upon a recommendation by the Prosper Economic Development Corporation for adoption of Tax Abatement Policy 2015. Description of Agenda Item: The State Comptroller’s Office requires that a city or town offering tax abatement as an incentive for economic development submit a set of guidelines approved by the city or town’s council every two years. The last time this policy was approved by the Prosper Town Council was in 2013. According to the Town of Prosper Charter, the Prosper Economic Development Corporation (PEDC) is charged with recommending to the Town Council for approval of the following: tax abatement policy, tax abatement reinvestment zones, and tax abatement agreements. The PEDC is also charged with monitoring agreements and when necessary, recommending any termination or revisions to such agreements. Per state tax code, the PEDC cannot create a reinvestment zone or authorize tax abatement; only the Town Council can create or eliminate reinvestment zones and tax abatement agreements on newly created taxable investment. The PEDC Executive Director and Town Manager consulted and together, they developed a set of guidelines for tax abatement to be offered to existing or new businesses that create new jobs and taxable investment. Highlights of the Tax Abatement Policy are as follows:  PEDC shall oversee the application process by businesses that request tax abatement  PEDC staff shall make a recommendation to the PEDC Board on tax abatement based on information provided by the business in a Prospect Questionnaire  PEDC Board shall vote to recommend to the Town Council any tax abatement on new investment  The Town Council has full authority to approve, deny or retract tax abatement per state tax code  Tax abatement must be codified in agreements that include “clawback” provisions that would go into effect should the business not adhere to the agreement  State Tax Code states that tax abatement shall only occur in a reinvestment zone created by the Town Council, and such abatement shall not exceed a term of ten years Prosper is a place where everyone matters. ECONOMIC DEVELOPMENT CORPORATION Item 4g Page 2 of 2 On July 22, 2015, the PEDC Board recommended that the Town Council adopt a Tax Abatement Policy that was developed by the PEDC Executive Director and Town Manager. Legal Obligations and Review: The Tax Abatement Policy 2015 meets all legal obligations by the Town of Prosper. Attached Documents: 1. Chart of tax abatement offered by surrounding towns/cities 2. Tax Abatement Policy 2015 Town Staff Recommendation: The PEDC Board recommends approval of the attached Tax Abatement Policy 2015 by the Prosper Town Council. Item 4g Name of City Threshold of Abatement Term of Abatement Amount of Abatement (%)Who Monitors Process Criteria Plano No minimum 1-10 years Up to 100%> City Manager recommends a tax abatement or not > City Council approves abatements > City Finance Department oversees compliance Case by case basis. Number and types of jobs. Value of the Real and Business Personal Property. Value of direct sales tax generated. Economic impact/needs met in community. Frisco $1M investment 1-10 years 25% avg, max out at 50%> Negotiation w/ Executive Director & City Manager > Approval by City Council > City finance dept. oversees compliance Frisco does not do many tax abatements anymore, but rather do Chapter 380 agreements. Criteria based on employment, fiscal, and community impact. McKinney $5M assessed value 2-10 years 25%, but may increase percentage subject to negotation & if applicant meets certain criteria > Joint Committee reviews tax abatement requests > City Council approves abatements > EDC oversees compliance Large portion of tax abatement incentive negotiations are evaluated on a case-by-case basis depending on the size and scope of the project. Number of jobs, summary of real/personal property value added, sales tax generated, economic impact on community Allen $5M assessed value 1-10 years 40-50% maximum > Application submitted to EDC; EDC oversees > Reviewed by appropriate City departments > City Council approves abatements Tax abatement incentives are recommended on a case-by-case basis by the AEDC with Council making final decision. Primary determination is value of structure/business personal property to be added. Number of jobs, economic impact, and community development is also considered. Richardson Case-by-case, but generally minimum of $5M of assessed value 5 - 10 years 25 - 50% typically; 100% maximum > City Council approves abatement/sets terms > City Manager has large influence on decision > County or community college district may participate in large abatement ($15M+ project) Incentives are evaluated on a case-by-case basis rather than by formula. Richardson customizes its incentive packages to maximize benefits that are of greatest value to the specific company and project. Tax Abatement Criteria for Select Area Municipalities as of 7-17-15 Item 4g EXHIBIT “A” TOWN OF PROSPER TAX ABATEMENT POLICY 2015 I. GENERAL PURPOSE AND OBJECTIVES: The Town of Prosper is committed to the promotion of high quality development in all parts of the Town and to an ongoing improvement in the quality of life for its citizens. Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the Town of Prosper will, on a case-by-case basis, give consideration to providing tax abatement as a stimulus for economic development. It is the policy of the Town of Prosper that said consideration will be provided in accordance with the guidelines presented in this document. Nothing herein shall imply or suggest that the Town of Prosper is under any obligation to provide tax abatement to any applicant. All applicants shall be considered on a case-by-case basis, and any tax abatement agreements are subject to approval by the Prosper Town Council. Additionally, all agreements shall include “clawback” provisions that go into effect should the applicant not adhere to the terms of the agreement; the Town Council shall have final say on the implementation of any penalties per the provisions of the agreement. II. PROSPER ECONOMIC DEVELOPMENT CORPORATION ON TAX ABATEMENT: Requests for tax abatement shall be reviewed by the Board of Directors of the Prosper Economic Development Corporation (PEDC). The PEDC Board will review each request. Deliberation by the PEDC Board relative to the potential impact of a requested abatement will be based on information prepared by the requesting party in conjunction with the PEDC Economic Development Director. Further, the PEDC Economic Development Director shall collaborate with the Prosper Town Manager on any tax abatement requests. On judging the potential impact of a request, the PEDC Board shall consider the degree to which the project furthers the economic development and general goals of local taxing entities in support of the Prosper community. The PEDC Board of Directors is responsible for (1) reviewing all information submitted by the applicant with officials representing local taxing entities, (2) communicating with and updating these officials as to the status of all applications, and (3) developing a recommendation for consideration by the respective governing bodies. The PEDC Board and the Economic Development Director are responsible for communicating to the citizens of Prosper as to the status of tax abatement within the community, creation of reinvestment zones and individual tax abatement agreements. While the PEDC is charged with reviewing and recommending applications for tax abatement, the PEDC has no legal authority to grant tax abatement. Further, the PEDC shall monitor compliance of all agreements and recommend any action necessary to be taken by the Town Council for non-compliance. III. GUIDELINES FOR TAX ABATEMENT: The primary factor determining whether or not tax abatement will be approved is the value of structure and/or business personal property to be added. The creation of jobs, financial implications and community development projections will also be considered in a request for tax abatement. Item 4g IV. TAX ABATEMENT PROCEDURES: The procedures as hereinafter delineated shall be utilized in the implementation of the tax abatement program for the Town of Prosper. Tax abatement applicants shall complete and submit an application for tax abatement as prescribed by the Economic Development Director for the Town of Prosper. While the specific contents of application may vary, it is expected that the information requested will reveal the precise location of the property, provide a complete legal description (if the property is described by metes and bounds), provide projected job growth, and provide estimations for the projected capital investment. Applicants shall complete all information detailed in this document or other material as may be required and submit them to the Prosper Economic Development Corporation, care of the Economic Development Director, at the address listed on the PEDC website, www.prosperedc.com. Application Review Steps: A. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. B. The application may be distributed to the appropriate Town departments for internal review and comments. Additional information may be requested as needed. C. Copies of the complete application package and staff comments will be provided to the PEDC Board of Directors. The PEDC Board will consider the application at a regular or called meeting(s). D. The findings of the PEDC Board will be forwarded, with all relevant materials, to the chief administrative officer of each taxing entity. E. The Prosper Town Council may call a public hearing to consider establishment of a tax abatement reinvestment zone. The amount and length of abatement may vary among tax abatement reinvestment zones approved by the Town Council. F. The Prosper Town Council may hold a public hearing to determine whether the project is feasible and would be of benefit to the land to be included in the zone and to the municipality. G. The Prosper Town Council may consider adoption of an ordinance designating the area in the legal description of the proposed project as a commercial industrial tax abatement reinvestment zone. H. The Town Council may consider adoption of a resolution or ordinance approving the terms and conditions of a contract between the Town and the applicant governing the provision of tax abatement. I. The Collin County Commissioners Court may consider ratification of and participation in the tax abatement agreement between the Town of Prosper and the applicant. The Prosper Independent School District and Collin County Community College do not participate in tax abatement agreements. Item 4g Page 1 of 2 To: Mayor and Town Council From: Matt Richardson, P.E., Senior Engineer Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 11, 2015 Agenda Item: Consider and act upon an ordinance amending Section 12.09.004 "School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by modifying the limits and hours of operation of such zones. Description of Agenda Item: The Prosper Independent School District (PISD) recently announced new start and end times for all of their schools for the 2015-2016 school year. This change to the start and end times requires that the Town also change the hours of operation for school zones associated with each school. Typical hours of operation for school zones are from 30 minutes before to 15 minutes after the start of school and from 15 minutes before to 30 minutes after the end of school. Due to a significant volume of early pedestrian traffic, an extended time was previously approved at Rogers Middle School starting 45 minutes before the start of school. The revised hours of operation for school zones are as follows: School School Hours School Zone Hours Elementary Schools (all) 7:45 AM to 2:45 PM 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM Rogers Middle School 7:55 AM to 2:55 PM 7:10 AM to 8:10 AM 2:40 PM to 3:25 PM Reynolds Middle School 8:25 AM to 3:40 PM 7:55 AM to 8:40 AM 3:25 PM to 4:10 PM Prosper High School 8:25 AM to 3:45 PM 7:55 AM to 8:40 AM 3:30 PM to 4:15 PM Additionally, this ordinance will also amend the limits of the school zone on Coleman Street at Prosper High School which is currently defined as the "east end of roadway." With the planned extension of Coleman Street to Preston Road, the limit will be amended to read "1,900 feet east of Talon Lane." Budget Impact: New signs showing the revised school zone times cost approximately $900 and will be paid from the Public Works Street budget. New signs associated with the extension of Coleman Street are included within the project budget. Prosper is a place where everyone matters. ENGINEERING Item 4h Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town staff recommends that the Town Council approve an ordinance amending Section 12.09.004 "School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by modifying the limits and hours of operation of such zones. Proposed Motion: I move to approve an ordinance amending Section 12.09.004 "School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by modifying the limits and hours of operation of such zones. Item 4h TOWN OF PROSPER, TEXAS ORDINANCE NO. 15-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 12.09.004, “SCHOOL TRAFFIC ZONES,” OF CHAPTER 12, “TRAFFIC AND VEHICLES,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER BY MODIFYING THE LIMITS ON WHICH SCHOOL ZONES ARE ESTABLISHED; MODIFYING THE HOURS OF OPERATION OF SUCH ZONES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town of Prosper, Texas (“Town”), is a home-rule municipal corporation duly organized under the laws of the State of Texas; and WHEREAS, Section 541.302 of the Texas Transportation Code defines a "school crossing zone" as a reduced-speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school during the time the reduced speed limit applies; and WHEREAS, Section 545.356 of the Texas Transportation Code provides that the governing body of a municipality may alter prima facie speed limits by ordinance based on the results of an engineering and traffic investigation; and WHEREAS, the Town Council has investigated and finds that it is necessary for the protection and safety of children going to and leaving public elementary and secondary schools within Prosper to amend Section 12.09.004 "School Traffic Zones" of the Code of Ordinances to modify the reduced speed school zones on certain public streets as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Existing Section 12.09.004, “School Traffic Zones,” of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by modifying the limits on which school zones are established, and the hours of operation of such zones contained in subsection (c) thereof, to read as follows: Item 4h Street Name Limits Hours of Operation Speed Limit Cockrell Elementary School Escalante Trail From Whitley Place Drive to Prosper Trail 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM 20 Fisher Road From Escalante Drive to 200 feet east of Escalante Drive 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM 20 Mesa Drive From Escalante Drive to 200 feet east of Escalante Drive 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM 20 Orchard Grove Drive From west end of roadway to Escalante Trail 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM 20 Prosper Trail From 750' west of Escalante Trail to 300' east of Escalante Trail 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM 20 Red Wing Drive From Escalante Drive to 215 feet east of Escalante Drive 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM 20 Whitley Place Drive From 150 feet southwest of Escalante Trail to 170 feet northeast of Escalante Trail 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM 20 Folsom Elementary School Arrowhead Drive From La Cima Boulevard to 120 feet southeast of La Cima Boulevard 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM 20 Arrowhead Drive From 270 feet northwest of Sommerville Drive to Sommerville Drive 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM 20 Buffalo Springs Drive From 200 feet north of Cedar Lake Drive to 185 feet south of Cedar Lake Drive 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM 20 Calaveras Court From 260 feet northwest of Sommerville Drive to Sommerville Drive 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM 20 Cedar Lake Drive From 135 feet west of Buffalo Springs Drive to White River Drive 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM 20 La Cima Boulevard From 300 feet southwest of Arrowhead Drive to 300 feet northeast of Arrowhead Drive 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM 20 Livingston Drive From 180 feet northwest of Salada Drive to Twin Buttes Drive 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM 20 Monticello Drive From 130 feet northwest of La Cima Boulevard to La Cima Boulevard 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM 20 Salada Drive From Livingston Drive to 175 feet north east of Livingston Drive 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM 20 Sommerville Drive From White River Drive to Livingston Drive 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM 20 Texana Drive From Livingston Drive to 180 feet northeast of Livingston Drive 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM 20 Twin Buttes Drive From Livingston Drive to 170 feet northeast of Livingston Drive 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM 20 White River Drive From 190 feet south of Cedar Lake Drive to 280 feet north of Sommerville Drive 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM 20 Rucker Elementary School Craig Road From 100 feet north of Preston Road to 100 feet south of First Street 7:15 AM to 8:00 AM 2:30 PM to 3:15 PM 20 Item 4h Ordinance No. 15-__, Page 2 Reynolds Middle School Church Street From 30 feet north of Eighth Street to Prosper ISD Property Line 7:55 AM to 8:40 AM 3:25 PM to 4:10 PM 20 Coleman Street From 160 feet north of Gorgeous Drive to 60 feet south of Wilson Drive 7:55 AM to 8:40 AM 3:25 PM to 4:10 PM 20 Rogers Middle School Coit Road From 300 feet south of Richland Boulevard to 1,150 feet north of Richland Boulevard 7:10 AM to 8:10 AM 2:40 PM to 3:25 PM 20 Richland Boulevard From 300 feet west of Coit Road to east end of roadway 7:10 AM to 8:10 AM 2:40 PM to 3:25 PM 20 Prosper High School Coleman Street From 110 feet east of Talon Lane to 1,900 feet east of Talon Lane 7:55 AM to 8:40 AM 3:30 PM to 4:15 PM 20 Frontier Parkway From 3,930 feet west of SH 289 (Preston Road) to 3,305 feet west of SH 289 (Preston Road) 7:55 AM to 8:40 AM 3:30 PM to 4:15 PM 20 SECTION 3 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 4 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. 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 5 Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed the sum of five hundred dollars ($500.00) for each offense. Item 4h Ordinance 15-__, Page 3 SECTION 6 This Ordinance shall become effective after its passage and publication, as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 11TH DAY OF AUGUST, 2015. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: ____________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _____________________________________ Terrence S. Welch, Town Attorney Item 4h Ordinance 15-__, Page 4 To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 11, 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 Preliminary Site Plan acted on by the Planning & Zoning Commission at their August 4, 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. Preliminary Site Plan for Prosper Plaza (Lowe’s) 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 WWWWWWEXISTINGDETENTION PONDRETAIL24,000 S.F.PROPOSED RETAIL88,000 S.F.PROPOSEDPROPOSEDRETAIL43,000 S.F.PROPOSEDBANKPROPOSEDREST. / RETAIL7,000 sfEXISTING BURGER KING 2,740 sq. ft.PROPOSEDRETAIL/RESTAURANT8,400 sfPROPOSEDREST. EXISTING TACO BUENO 2,850 sq. ft.EXISTINGFIRESTONESSSSSSSSSSSSSSWWWWWWWWWWWWSSVANVANVANVAN VANLOADING ZONELOADING ZONELOADING ZONELOADING ZONEL O A D I N G O N L Y 146.7'TO BE ABANDONEDWITH REPLAT24.0'(TYP.)40.0'(TYP.)9.0'(TYP.)9.0'(TYP.)24.0'(TYP.)40.0'(TYP.)9.0'(TYP.)9.0'(TYP.)9.0'(TYP.)18.0'(TYP.)11.5'(TYP.)1371223766111213141313111114141414141010101010101010121212121210310127581241313141414141111109913810101214141414141414141313141414141411121212121212121212111110101010510715151515121393141011111381191281151410830.0'24.0'(TYP.)20.0'(TYP.)9.0'(TYP.)BILLBOARD TO BE REMOVED w/ DEVELOPMENT OF LOT 218.0'(TYP.)10.0'(TYP.)PROPOSED FIREHYDRANTPROPOSED FIREHYDRANT & 10'x10'WATER EASEMENT216.0'46.0'151.3'239.3'128.7'24.7'73.0'10.0'146.0'19.7'10.0'24.7'29.3'24.7'239.3'46.0'90.0'264.0'105.0'18.0'53.3'60.0'20.0'11.0'4.0'9.0'(TYP.)10.3'9.0'14.2'18.0'(TYP.)24.0'(TYP.)40.0'(TYP.)18.0'(TYP.)45.9'64.1'11.1'11.1'11.2'9.0'(TYP.)9.0' (TYP.)20.8'19.1'29.9'R 3 0 . 0 '24'24'29.9'34.5'30.0'5.0'5.0'4.0'60.0°60.0 °5.5'R25.0'R30.0 ' R5 0 . 0 'R30.0'30.0'R 3 0 . 0 'R30.0'R30.0'R30.0'30.0'R3 0 . 0 'R30.0'R30.0'R15.0'R 2 5 . 0 '46.8'24.0'24.0'R30.0'R 2 9 . 6 'R50.0 '24.0' FIRE LANER30.0'R 3 0 . 0 ' R 3 0 . 0 '30.0' LANDSCAPE BUFFER113.2'9.0'(TYP.)9.0'(TYP.)9.0'(TYP.)9.0'(TYP.)9.0'(TYP.)24.0'(TYP.)40.0'(TYP.)9.0'(TYP.)22.0'9.0'10.0'10.0'20.0'9.0'9.0'5.5'10.0'20'R1 5 . 0 'R20.0'RETAIL /RESTAURANT8,500 SF10.0'R12.0'R12.0'EXISTING FIREHYDRANTEXISTING FIREHYDRANTEXISTING FIREHYDRANTEXISTING FIREHYDRANTEXISTING FIREHYDRANTEXISTING FIREHYDRANTPROPOSED FIRE HYDRANTRELOCATION TO NEW10' WATER EASEMENTEXISTING FIRE HYDRANT TO BERELOCATED TO EASEMENTPROPOSED DUMPSTER LOCATIONAPPROVED WITH PDEXISTING FIREHYDRANTEXISTING FIREHYDRANT30.0'LANDSCAPEBUFFERNO FOUNDATION PLANTERSREQUIRED PER PDPROPOSEDRETAINING WALL10' UTILITY EASEMENTTO BE ABANDONEDWITH REPLATNO ADDITIONAL SCREENINGREQUIRED PER PDADJUST SIDEWALK &ADA RAMP TORIGHT OF WAY12LOT 3ZONED 'C'LOT 8ZONED 'C'LOT 2ZONED 'C'LOT 7ZONED 'C'LOT 1ZONED 'C' LOT 4ZONED PD-25 & 'C'LOT 5RZONED PD-RLOT 6RZONED PD-RLOT 9ZONED PD-25LOT 10ZONED PD-25FAILED PORTION OFRETAINING WALLTO BE REPLACEDEXISTING FIREHYDRANT56.7'18'18'10.0'39.1'EXISTING FIREHYDRANT347.3'46.5'201.3'476.5'712.0'73.4'93.7'N. CUSTER RD.U.S. HWY. 380RUSTIC FENCERUSTIC FENCEENHANCED LANDSCAPINGAND BERM PER PD369.4'FIRE RISER ROOMCOMPACTOR WITH 8'SCREEN FENCERUSTICFENCE44ENHANCED LANDSCAPINGAND BERM PER PDRUSTIC FENCEADJUST SIDEWALK &ADA RAMP TO RIGHT OF WAYADJUST SIDEWALK &ADA RAMP TO RIGHT OF WAY84.7'0601201801" = 60'30DRAWING NUMBER:CRITERIAISSUE DATE:PERMIT SETISSUE DATE:CONSTRUCTIONSET ISSUE DATE:CHECKED BY:DRAWN BY:PROJECT No:DESCRIPTIONPRE-BID SETREVISIONSPOST BID SETISSUE DATEISSUE DATEDATE336.658.4000(V)336.658.2527(F)THIS DRAWING IS THE PROPERTY OF LOWE'S HOMECENTERS, INC. ANY USE OR REPRODUCTION IN WHOLEOR PART IS PROHIBITED WITHOUT THE EXPRESSEDWRITTEN CONSENT OF LOWE'S HOME CENTERS, INC.COPYRIGHT 2012 ALL RIGHTS RESERVEDLOWE'S HOME CENTERS, INC.1605 CURTIS BRIDGE ROADWILKESBORO, NC 28697R RNever Stop Improving LOWE'S OF: PROSPER, TEXAS DKTG14-1500-05 PROSPERKnow what'sbelow.before you dig.CallRPSP1.0PRELIMINARY SITE PLAN D15-0050 TOWN SITE PLAN NOTES1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITHTHE ZONING ORDINANCE.2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITHTHE ZONING ORDINANCE.3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDSCONTAINED WITHIN THE ZONING AND SUBDIVISION ORDINANCES.4.LANDSCAPING SHALL CONFORM TO THE LANDSCAPE PLANS APPROVED BY THETOWN.5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THEZONING ORDINANCE.6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED.ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIREDEPARTMENT.7.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR ASDIRECTED BY THE FIRE DEPARTMENT.8.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES.9.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE.10.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TOTHE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OFTHE CURRENT ADOPTED BUILDING CODE.11.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.12.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARESUBJECT TO BUILDING OFFICIAL APPROVAL.13.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVALAND SHALL CONFORM TO THE APPROVED FACADE PLAN.14. CURB RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS.15.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS AREAPPROVED BY THE ENGINEERING DEPARTMENT.16.SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE.17.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED, AND/OR RELOCATEDUNDERGROUND.18.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW INACCORDANCE WITH THE ZONING ORDINANCE.STAMPED CONCRETEWATER METERPOWER POLEFIRE HYDRANTPROPOSED CURB AND GUTTEREXISTING OVERHEAD ELECTRIC LINEFIRE LANELEGENDSTORM JUNCTION BOXCURB INLETGRATE INLETGAS METERSANITARY SEWER MANHOLESITE LIGHTING POLEPROPOSEDEXISTINGSIGNGUY WIREBOPUIS: BUY ONLINE PICK UP IN STOREEXISTING CURB AND GUTTERLOWE'S HOME CENTERS, LLC1605 CURTIS BRIDGE ROADWILKESBORO, NC 28697(336) 658-4000ROSEBRIAR HOLDINGS, INC.P.O. BOX 541208DALLAS, TX 75354(214) 902-2287CROSSPOINT ENGINEERING, LLC5620 OLD BULLARD ROAD, SUITE 130TYLER, TX 75703(903) 705-4416PROSPER PLAZAJEREMIAH HORN SURVEYABSTRACT NO. 411WATER VALVE1. ALL LANDSCAPE ISLANDS SHALL HAVE ADEQUATE OPEN SPACE TOPROVIDE REQUIRED SHADE TREES, SHRUBS AND LANDSCAPING2. LANDSCAPING SHALL NOT CONFLICT WITH ANY UTILITIES3. LANDSCAPE FOR EACH PARKING SPACE SHALL BE 15 SF PROVIDEDWITHIN THE PAVED BOUNDARIES OF THE PARKING LOT AREA4. LANDSCAPED AREAS (NOT INCLUDING CURB) SHALL BE MINIMUM 160SF, NOT LESS THAN 9' WIDE, AND LENGTH EQUAL TO ABUTTING PARKINGSPACE5. CART CORRALS SHALL BE ORNAMENTAL METAL FENCE PER PDNOTESItem 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 – August 11, 2015 Agenda Item: Conduct a Public Hearing, and consider and act upon an ordinance rezoning 5.1± acres, from Single Family-10 (SF-10) to Planned Development-40 (PD-40), located on the southeast and southwest corners of Fishtrap Road and Windsong Parkway. (Z15-0010). 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 Planned Development- 40-Townhomes Single Family (Windsong Ranch Phase 1C) – under construction and undeveloped Medium Density Residential North Planned Development-40 Single Family Single Family (Windsong Ranch Phase 3B) and undeveloped Medium Density Residential East Planned Development-40 Single Family Undeveloped Medium Density Residential South Planned Development-40 Single Family Single Family (Windsong Ranch Phase 1C) – under construction and undeveloped Medium Density Residential West Planned Development-40 Single Family Single Family (Windsong Ranch Phase 1C) – under construction Medium Density Residential Requested Zoning – Z15-0010 is a request to rezone 5.1± acres, from Single Family-10 (SF-10) to Planned Development-40 (PD-40), located on the southeast and southwest corners of Fishtrap Road and Windsong Parkway. The subject property was originally excluded from the original overall 2,100 acre Planned Development-40 (PD-40) because it was under separate ownership. Since establishment of PD-40, the developer of Windsong Ranch acquired the Prosper is a place where everyone matters. PLANNING Item 6 Page 2 of 2 subject property and is seeking to incorporate it into the PD. Development of the property will be in accordance with the requirements for “Type B” lots. “Type B” lots are a minimum of 9,000 square feet with minimum lot widths of 70 feet and minimum lot depths of 100 feet. They have a minimum front yard setback of 25 feet and interior side yard setback of 8 feet. The minimum dwelling area of a “Type B” lot is 2,100 square feet. PD-40 permits a maximum of 1,100 “Type B” lots within the development. The applicant is proposing to allow for standard development of “Type B” lots with the exception that the minimum lot size has been increased from 9,000 square feet to 10,000 square feet. Future Land Use Plan – The Future Land Use Plan (FLUP) recommends Medium Density Residential for the property. Thoroughfare Plan – The property is adjacent to Fishtrap Road, a proposed four-lane major thoroughfare. The zoning exhibit complies with the Thoroughfare Plan. Water and Sanitary Sewer Services – Water and sanitary sewer service are being extended to the property with development. Access – Access to the property will be provided from Fishtrap Road and Windsong Parkway. Schools – This property is served by the Prosper Independent School District (PISD). Parks – This property is subject to the Town’s park dedication requirements, although it is not anticipated that this property will be needed for the development of a park. Environmental Considerations – No floodplain exists on the site. Legal Obligations and Review: Notification was provided to neighboring property owners as required by State Law. Town staff has not received any Public Hearing Notice Reply forms. 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. Zoning map of the surrounding area 2. Ordinance Planning & Zoning Commission Recommendation: At their July 21, 2015, meeting, the Planning & Zoning Commission recommended the Town Council approve the request to rezone 5.1± acres, from Single Family-10 (SF-10) to Planned Development-40 (PD-40), located on the southeast and southwest corners of Fishtrap Road and Windsong Parkway. Town Staff Recommendation: Town staff recommends the Town Council approve the request to rezone 5.1± acres, from Single Family-10 (SF-10) to Planned Development-40 (PD-40), located on the southeast and southwest corners of Fishtrap Road and Windsong Parkway. Proposed Motion: I move to approve an ordinance rezoning 5.1± acres, from Single Family-10 (SF-10) to Planned Development-40 (PD-40), located on the southeast and southwest corners of Fishtrap Road and Windsong Parkway. Item 6 AUTUMN SAGEDR COPPERCANYONDRBRISTL E L E A F L N M A R I G O L D L N G R E E N B R IA R LN REDSTEMDRWOODBINE LN POROSA LN BELLARDIA DRESPERANZADRP E P P E R V IN E L NWINDSONGPKWYWISTERIA LNALMEDADRALTONDRHONEYVINE LN ANGELINALNBRAZORIA DR DESERT WILLOW DR GOOD HOPE RDFISHTRAP RD M PD-40 SF PD-40 SF-10 Z15-0010 ±0 150 300 Feet 1 inch = 300 feet Item 6 TOWN OF PROSPER, TEXAS ORDINANCE NO. 15-__ AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 5.115 ACRES, MORE OR LESS, SITUATED IN THE J. BATES SURVEY, ABSTRACT NO. 1620, IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-10 (SF-10) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-40 (PD-40); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has investigated and determined that Zoning Ordinance No. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from TVG Texas I, LLC (“Applicant”) to rezone 5.115 acres of land, more or less, situated in the J. Bates Survey, Abstract No. 1620, in the Town of Prosper, Denton County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the below-described property containing 5.115 acres of land, more or less, situated in the J. Bates Survey, Abstract No. 1620, in the Town of Prosper, Denton County, Texas, (the “Property”) and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development-40 (PD-40). The property as a whole and the boundaries for each zoning classification are more particularly described in Exhibit “A” attached hereto and incorporated herein for all purposes as if set forth verbatim. Item 6 Ordinance No. 15-__, Page 2 The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with 1) the statement of intent and purpose, attached hereto as Exhibit "B"; 2) the planned development standards, attached hereto as Exhibit "C"; 3) the conceptual development plans, attached hereto as Exhibit "D"; and 4) the development schedule, attached hereto as Exhibit "E," which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to- date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each Item 6 Ordinance No. 15-__, Page 3 section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 11TH DAY OF AUGUST, 2015. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 6 H TRON LOCATION MAP 1" = 1000' PROJECT LOCATION #Z15-0010 ZONING EXHIBIT "A" WINDSONG RANCH - REEVES TRACT 5.115 Acres J. BATES SURVEY, ABST. 1620 IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS Current Zoning: SF-10 (Single Family - 10) Proposed Zoning: PD-40 (Planned Development) Item 6 EXHIBIT “B” Statement of Intent and Purpose The purpose of this PD Amendment is to add 5.115 acres of land into the PD-40 zoning ordinance. This tract was originally left out of the original PD-40 zoning case because it was owned by other parties. Item 6 EXHIBIT “C” Planned Development Standards Except as otherwise set forth in these development standards, the property, as described in Exhibit A, shall develop under Ordinance 08-030, as adopted by the Town Council on March 25, 2008, in accordance with Exhibit C, (2.) Single-Family Residential Tract, (e.) Area and building regulations, (b.) Type B Lots, except as follows: A. Minimum Lot Size: The minimum lot size for Type B Lots shall be ten thousand (10,000) square feet. A typical lot will be 70’ x 128’, but may vary as long as requirements in Table 1 are accommodated. Item 6 H TRON LOCATION MAP 1" = 1000' PROJECT LOCATION #Z15-0010 EXHIBIT D WINDSONG RANCH - REEVES TRACT 5.115 Acres J. BATES SURVEY, ABST. 1620 IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS Current Zoning: SF-10 (Single Family - 10) Proposed Zoning: PD-40 (Planned Development) Item 6 EXHIBIT “E” DEVELOPMENT SCHEDULE Reeves Tract – a portion of Phases 1C and 2E 5.115 Acres to be added to PD-40 Southeast corner of Fishtrap Road and Windsong Parkway South Begin Excavation: July 2015 Begin Utilities: September 2015 Begin Paving: December 2015 Town Acceptance of Public Improvements: March 2016 This schedule is subject to change due to various factors beyond the control of developer. Item 6 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 – August 11, 2015 Agenda Item: Conduct a Public Hearing, and consider and act upon an ordinance for a Specific Use Permit for a Utility Distribution/Transmission Facility, on 0.2± acres, located on the south side of First Street, 500± feet west of the BNSF Railroad. The property is zoned Planned Development-67 (PD-67). (S15-0004). 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 Planned Development- 67-Mixed Use Undeveloped Land Tollway District North Single Family-15 Undeveloped Land Business Park East Planned Development- 67-Mixed Use Undeveloped Land Tollway District South Planned Development- 67-Mixed Use Undeveloped Land Tollway District West Single Family-15 Commercial (Mahard Egg Farm Yard) Tollway District Requested Zoning – S15-0004 is a request for a Specific Use Permit for a Utility Distribution/Transmission Facility, on 0.2± acres, located on the south side of First Street, 500± feet west of the BNSF railroad. The property is zoned Planned Development-67 (PD-67). The applicant, Atmos Energy, is proposing to develop above ground gas line piping and equipment and the associated screening wall and landscaping. Atmos Energy is in the process of updating a major natural gas distribution pipeline in Collin and Denton Counties. The project requires the installation of a new main line valve station in Prosper primarily required for emergency shutdown when necessary and to regulate and reduce Prosper is a place where everyone matters. PLANNING Item 7 Page 2 of 3 the pressure. The project is also required due to the relocation of a measuring station on US 380 necessitated by the widening of that highway. Removable panels are required to accommodate access to the valves when necessary. Exhibit B shows the layout which consists of the reservation of a future 15 feet of right-of-way dedication, the location of the above ground gas line piping and equipment, gravel pavement, screening walls, and landscaping. Exhibit C shows the landscaping which consists of two large trees and five ornamental trees along First Street, two large trees and five ornamental trees along the residentially zoned property to the west, five ornamental trees and six shrubs along the eastern property line, and six ornamental trees and six shrubs along the southern property line. Exhibit D shows the proposed screening wall which consists of stone columns, pre-cast brick- like wall paneling, and a solid gate constructed of a composite wood-alternative, weather proof material. The Zoning Ordinance contains four criteria to be considered in determining the validity of a SUP request. These criteria, as well as staff’s responses for each, are below: 1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses? According to the Future Land Use Plan, the surrounding properties to the east, west, and south are located in the Tollway District and the properties to the north are located in the Business Park District. Both Districts anticipate high intensity uses. According to the existing zoning, PD-67 (Gates of Prosper), the subject property anticipates commercial uses in the Downtown Center District. The proposed use is harmonious and compatible with the surrounding existing and proposed uses. The proposed facility is located in the far northwest sector of PD-67 as noted on attached PD-67, Exhibit D. The facility will not negatively impact the planned uses of the Gates of Prosper. 2. Are the activities requested by the applicant normally associated with the requested use? The activities requested by the applicant, as shown on Exhibit B, are normally associated with the use of a Utility Distribution/Transmission Facility. 3. Is the nature of the use reasonable? The property is zoned Planned Development-67 (PD-67) and the Future Land Use Plan recommends Tollway District uses for the property. The nature of the use is reasonable to ensure the ability to accommodate growth and demands on the natural gas infrastructure. 4. Has any impact on the surrounding area been mitigated? Attached Exhibits C and D provide an adequate screen and landscaping between uses, which mitigates any impact on the surrounding area. The proposed Utility Distribution/Transmission Facility use is harmonious and compatible with the surrounding uses and the proposed uses in the Tollway and Business Park Districts. The impact on the surrounding area has been mitigated. Therefore, this request satisfies the Town’s criteria for SUP approval. Item 7 Page 3 of 3 Future Land Use Plan – The Future Land Use Plan recommends Tollway District uses for the property. Conformance to the Thoroughfare Plan – The property has direct access to First Street, a future existing four-lane divided thoroughfare. The SUP exhibit complies with the Thoroughfare Plan. Water and Sanitary Sewer Services – Water service has been extended to the property. Sanitary sewer service is not necessary for the proposed development. Access – Access to the property is provided from First Street. Schools – This property is located within the Prosper Independent School District (PISD). It is not anticipated that a school site will be needed on this property. Parks – It is not anticipated that this property will be needed for the development of a park. Environmental Considerations – There is no 100-year floodplain located on the property. Legal Obligations and Review: Notification was provided to neighboring property owners as required by State Law. Town staff has not received any Public Hearing Notice Reply forms. 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. Zoning map of surrounding area 2. Ordinance 3. PD-67, Exhibit D Planning & Zoning Commission Recommendation: At their July 21, 2015, meeting, the Planning & Zoning Commission recommended the Town Council approve the request for a Specific Use Permit for a Utility Distribution/Transmission Facility, on 0.2± acres, located on the south side of First Street, 500± feet west of the BNSF Railroad, by a vote of 6-0, subject to: 1. Requiring the proposed screening wall to be a minimum height of eight feet. Town Staff Recommendation: Town staff recommends the Town Council approve the request for a Specific Use Permit for a Utility Distribution/Transmission Facility, on 0.2± acres, located on the south side of First Street, 500± feet west of the BNSF Railroad, subject to the recommendation by the Planning & Zoning Commission. Proposed Motion: I move to approve an ordinance for a Specific Use Permit for a Utility Distribution/Transmission Facility, on 0.2± acres, located on the south side of First Street, 500± feet west of the BNSF Railroad, subject to: 1. Requiring the proposed screening wall to be a minimum height of eight feet. Item 7 W FIRST ST SF PD-3 C PD-42 M PD-67 SF-15 SF-15 S15-0004 ±0 50 100 Feet 1 inch = 100 feet Item 7 TOWN OF PROSPER, TEXAS ORDINANCE NO. 15-__ AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20; GRANTING A SPECIFIC USE PERMIT (SUP) FOR A UTILITY DISTRIBUTION/TRANSMISSION FACILITY, LOCATED ON A TRACT OF LAND CONSISTING OF 0.23 ACRE, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS; DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has investigated and determined that Zoning Ordinance No. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Atmos Energy Corporation (“Applicant”) for a Specific Use Permit (SUP) to allow for a Utility Distribution/Transmission Facility on a tract of land zoned Planned Development-67 (PD-67), consisting of 0.23 acre of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, and being particularly being described in Exhibit “A,” attached hereto and incorporated herein for all purposes; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required to grant a Specific Use Permit (SUP) have been given in the manner and form set forth by law, public hearings have been held, and all other requirements of notice and completion of such procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to the Town of Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Specific Use Permit Granted. Zoning Ordinance No. 05-20 is amended as follows: Applicant is granted a Specific Use Permit (SUP) to allow the operation of a Utility Distribution/Transmission Facility, on a tract of land zoned Planned Development-67 (PD-67), consisting of 0.23 acre of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, and being particularly being Item 7 Ordinance No. 15-__, Page 2 described in Exhibit “A,” attached hereto and incorporated herein for all purposes as if set forth verbatim. The property shall continue to be used in a manner consistent with the conditions expressly stated in the conceptual development plan, attached hereto as Exhibit “B,” the conceptual landscape plans, attached hereto as Exhibit “C”; and the conceptual elevations, attached hereto as Exhibit “D,” which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Specific Use Permit (SUP) shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. Three (3) original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to- date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200’) of the District to be amended. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. Item 7 Ordinance No. 15-__, Page 3 SECTION 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 11TH DAY OF AUGUST, 2015. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 7 POINT OF BEGINNING OHE OHE OHE OHE OHE OHEOHEOHECOUNTY ROAD 3 (WEST FIRST STREET) (60' RIGHT OF WAY)BURLINGTON NORTHERN SANTA FE RAILROAD(100' ROW)“)7:(672):),56767$1' N COLEMAN ST183 LAND CORPORATION, INC. TRACT FIVE CALLED 16.496 ACRES DOC. NUM. 97-0005168 ZONING: MIXED USE (M), PD-67 LAND USE: VACANT FLUP: TOLLWAY DISTRICT PROPOSED EASEMENT AREA: 0.23 ACRES (10,000 SF) PROPOSED ZONING: PD FOR UTILITY DISTRIBUTION/TRANSMISSION FACILITY ZONING BOUNDARY24.0'FUTURE 15' ROW RESERVATION EXISTING 60' RIGHT OF WAY FUTURE 90' RIGHT OF WAY THE MAHARD 2003 PARTNERSHIP LP TRACT 31 VOL.5652, PG. 4191 CALLED 3.991 ACRES ZONING: SINGLE FAMILY (SF-15) LAND USE:INDUSTRIAL FLUP: TOLLWAY DISTRICT THE MAHARD 2003 PARTNERSHIP LP TRACT 102 CALLED 53.9 ACRES ZONING: SINGLE FAMILY (SF) LAND USE: VACANT FLUP: BUSINESS PARK 183 LAND CORPORATION, INC. TRACT FIVE CALLED 16.496 ACRES DOC. NUM. 97-0005168 ZONING: MIXED USE (M), PD-67 LAND USE: VACANT FLUP: TOLLWAY DISTRICT 6ƒ :100.00'6ƒ (100.01'1ƒ ( 100.00'1ƒ :100.01'1ƒ :2696.87'75.0' PROPOSED EASEMENT POINT OF BEGINNING 1ƒ ( 1/2" IRON ROD FOUND COUNTY ROAD 3 (WEST FIRST STREET) 75.0' PROPOSEDEASEMENT SHEET NUMBER PROSPER CITY GATEDATEAS SHOWNCHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECTSEGSEGSTW07/13/2015064425003‹ 2015 KIMLEY-HORN AND ASSOCIATES, INC.BYREVISIONSNo.DATELAST SAVED 7/13/2015 2:50 PMPLOTTED BY GEACH, SHAY 7/13/2015 2:52 PMDWG PATH K:\DAL_CIVIL\NO_PROJ\ATMOS ENERGY - FRISCO\ATMOS-PROSPER CITY GATE (SITE 2)\DWGDWG NAME 10C-SUP-EXHIBIT A.DWG , [ Layout1 ]IMAGESXREFS xAs-Built : x2436 SUP-Exhibit A : xBndyEXHIBIT AD15-XXXX - PROSPER CITY GATEAtmos Energy Corportaion 1681 Corporate Drive Mckinney, Texas 75069 Contact: John J Manganilla Phone: (214)733-5145 Kimley-Horn and Associates, Inc. 12750 Merit Drive, Suite 1000 Dallas, Texas 75251 Contact: Sarah Williamson, P.E. Phone: (972)770-1300 Crowley Pipeline & Land Surveying, L.L.C. 117 West Archer Jacksboro, Texas 76458 Contact: Donald R. Crowley, R.P.L.S. Phone: (940)567-2234 VICINITY MAP N.T.S. VICINITY MAP NORTH W FIRST STREET PROJECT LOCATION 289 N COLEMAN STREETDALLAS PARKWAY380 E UNIVERSITY DRIVE BNSF RAILROAD183 Land Corporation 1 Cowboys Parkway Irving TX, 75063 Contact: Joe Hickman NORTH 0 GRAPHIC SCALE IN FEET 20 40 80 LEGEND NOTES 1. NO FLOODPLAIN EXISTS ON THIS SITE. 2. NO WATER METER EXISTS ON THIS SITE. 3. THE DEED LINE ON THE WEST SIDE OF THE PROPERTY ACTS AS A ZONE BOUNDARY LINE. 4. THE THOROUGHFARE ALIGNMENT(S) SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATIVE PURPOSE AND DOES NOT SET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT. EXHIBIT A EXISTING CONTOUR DEED LINE 641 EASEMENT LINE EXISTING RIGHT OF WAY ZONING BOUNDARY SCALE: 1" = 400' Item 7 OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHEOHECOUNTY ROAD 3 (WEST FIRST STREET) (60' RIGHT OF WAY) THE MAHARD 2003 PARTNERSHIP LP TRACT 31 VOL.5652, PG. 4191 CALLED 3.991 ACRES ZONING: SINGLE FAMILY (SF-15) LAND USE:INDUSTRIAL FLUP: TOLLWAY DISTRICT 183 LAND CORPORATION, INC. TRACT FIVE CALLED 16.496 ACRES DOC. NUM. 97-0005168 ZONING: MIXED USE (M), PD-67 LAND USE: VACANT FLUP: TOLLWAY DISTRICT PROPOSED ABOVE GROUND GAS LINE PIPING WITH STRUCTURES MAX. HEIGHT OF STRUCTURES IS 8' BY ATMOS PROPOSED BELOW GROUND GAS LINE PIPING WITH STRUCTURES BY ATMOS PROPOSED 16' SLIDING GATE WITH KNOX LOCK PROPOSED GRAVEL PAVEMENT 5' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK 15' LANDSCAPE SETBACK 25' LANDSCAPE SETBACK PROPOSED DRIVEWAY 15' FUTURE ROW RESERVATION EXISTING 60' RIGHT OF WAY FUTURE 90' RIGHT OF WAY PROPOSED 8' PRE-CAST SCREENING WALL WITH STONE COLUMNS PROPOSED 8' PRE-CAST SCREENING WALL WITH STONE COLUMNS PROPOSED 8' PRE-CAST SCREENING WALL WITH STONE COLUMNS PROPOSED 8' PRE-CAST SCREENING WALL WITH STONE COLUMNS PROPOSED 4' SWING GATE40.0'18.0'24.0'24.0'1ƒ (100.00'6ƒ (100.01'6ƒ :100.00'1ƒ :100.01'75.0' PROPOSED EASEMENT SHEET NUMBERPROSPER CITY GATEDATEAS SHOWNCHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECTSEGSEGSTW07/13/2015064425003‹ 2015 KIMLEY-HORN AND ASSOCIATES, INC.BYREVISIONSNo.DATELAST SAVED 7/15/2015 9:19 AMPLOTTED BY WILLIAMSON, SARAH 7/15/2015 9:19 AMDWG PATH K:\DAL_CIVIL\NO_PROJ\ATMOS ENERGY - FRISCO\ATMOS-PROSPER CITY GATE (SITE 2)\DWGDWG NAME 10C-SUP-EXHIBIT B.DWG , [ Layout1 ]IMAGESXREFS xBndy : xAs-Built : xSite : x2436 SUP-Exhibit B : xLandscapeEXHIBIT BD15-XXXX - PROSPER CITY GATEAtmos Energy Corportaion 1681 Corporate Drive Mckinney, Texas 75069 Contact: John J Manganilla Phone: (214)733-5145 Kimley-Horn and Associates, Inc. 12750 Merit Drive, Suite 1000 Dallas, Texas 75251 Contact: Sarah Williamson, P.E. Phone: (972)770-1300 Crowley Pipeline & Land Surveying, L.L.C. 117 West Archer Jacksboro, Texas 76458 Contact: Donald R. Crowley, R.P.L.S. Phone: (940)567-2234 183 Land Corporation 1 Cowboys Parkway Irving TX, 75063 Contact: Joe Hickman VICINITY MAP N.T.S. VICINITY MAP NORTH W FIRST STREET PROJECT LOCATION 289 N COLEMAN STREETDALLAS PARKWAY380 E UNIVERSITY DRIVE BNSF RAILROADNORTH LEGEND SITE PLAN NOTES 1) DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE. 2) OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE. 3) OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE COMPREHENSIVE ZONING ORDINANCE AND SUBDIVISION REGULATION ORDINANCE. 4) LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5) ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE COMPREHENSIVE ZONING ORDINANCE. 6) BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7) FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8) TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9) SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10) HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11) ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12) ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13) ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL $33529$/$1'6+$//&21)250727+($33529(')$d$'(3/$1 14) SIDEWALKS OF NOT LESS THAN SIX (6') FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5') IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15) APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE TOWN ENGINEER. 16) SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17) ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18) ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE. 19) NO TREES TO BE REMOVED 20) NO FLOODPLAINS ARE ON THIS SITE 21) NO WATER METER EXISTS ON THIS SITE EXHIBIT B SITE DATA SUMMARY TABLE PROPOSED ZONING SUP - UTILITY DISTRIBUTION/ TRANSMISSION FACILITY LOT AREA 0.23 AC, 10,000 S.F. BUILDING AREA N/A BUILDING HEIGHT N/A LOT COVERAGE ALLOWED N/A LOT COVERAGE N/A TOTAL PARKING REQUIRED 0 SPACES, UNMANNED TOTAL PARKING PROVIDED 0 SPACES, UNMANNED SQ. FT. IMPERVIOUS SURFACE N/A OPEN SPACE REQUIRED (7%)0.016 ACRES (700 SF) OPEN SPACE PROVIDED 0.11 ACRES (4640 SF) LIGHTING REQUIRED N/A LIGHTING PROVIDED N/A EXISTING GAS LINE OHE EXISTING ELECTRIC LINE EXISTING CONTOUR DEED LINE 641 EASEMENT LINE LANDSCAPE SETBACK EXISTING RIGHT OF WAY PROPOSED GRAVEL PAVEMENT PROPOSED 8' SCREENING WALL (NORTH AND WEST SIDE TO BE CLAY FIRED BRICK, SOUTH AND EAST SIDE TO BE ASHLAR PRE-CAST CONCRETE) PROPOSED GAS LINE PROPOSED LACE BARK ELM PROPOSED YAUPON HOLLY 0 GRAPHIC SCALE IN FEET 10 20 40 Item 7 OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHEOHECOUNTY ROAD 3 (WEST FIRST STREET) (60' RIGHT OF WAY) THE MAHARD 2003 PARTNERSHIP LP TRACT 31 VOL.5652, PG. 4191 CALLED 3.991 ACRES ZONING: SINGLE FAMILY (SF-15) LAND USE:INDUSTRIAL FLUP: TOLLWAY DISTRICT 183 LAND CORPORATION, INC. TRACT FIVE CALLED 16.496 ACRES DOC. NUM. 97-0005168 ZONING: MIXED USE (M), PD-67 LAND USE: VACANT FLUP: TOLLWAY DISTRICT 5' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK 15' LANDSCAPE SETBACK 25' LANDSCAPE SETBACK 15' FUTURE ROW RESERVATION IVN 6 IV 6 IV 5 IVN 6 IV 5UP 2 IV 5 UP 2 SHEET NUMBERPROSPER CITY GATEDATEAS SHOWNCHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECTSEGSEGSTW07/13/2015064425003‹ 2015 KIMLEY-HORN AND ASSOCIATES, INC.BYREVISIONSNo.DATELAST SAVED 7/15/2015 9:07 AMPLOTTED BY WILLIAMSON, SARAH 7/15/2015 9:08 AMDWG PATH K:\DAL_CIVIL\NO_PROJ\ATMOS ENERGY - FRISCO\ATMOS-PROSPER CITY GATE (SITE 2)\DWGDWG NAME 10C-SUP-EXHIBIT C.DWG , [ Layout1 ]IMAGESXREFS xBndy : xAs-Built : xSite : x2436 SUP-Exhibit C : xLandscapeEXHIBIT CD15-XXXX - PROSPER CITY GATEAtmos Energy Corportaion 1681 Corporate Drive Mckinney, Texas 75069 Contact: John J Manganilla Phone: (214)733-5145 Kimley-Horn and Associates, Inc. 12750 Merit Drive, Suite 1000 Dallas, Texas 75251 Contact: Sarah Williamson, P.E. Phone: (972)770-1300 Crowley Pipeline & Land Surveying, L.L.C. 117 West Archer Jacksboro, Texas 76458 Contact: Donald R. Crowley, R.P.L.S. Phone: (940)567-2234 183 Land Corporation 1 Cowboys Parkway Irving TX, 75063 Contact: Joe Hickman VICINITY MAP N.T.S. VICINITY MAP NORTH W FIRST STREET PROJECT LOCATION 289 N COLEMAN STREETDALLAS PARKWAY380 E UNIVERSITY DRIVE BNSF RAILROADNORTH LEGEND EXHIBIT C EXISTING GAS LINE OHE EXISTING ELECTRIC LINE DEED LINE EASEMENT LINE LANDSCAPE SETBACK EXISTING RIGHT OF WAY PROPOSED SOD PROPOSED 8' SCREENING WALL (NORTH AND WEST SIDE TO BE CLAY FIRED BRICK, SOUTH AND EAST SIDE TO BE ASHLAR PRE-CAST CONCRETE) PROPOSED GAS LINE TREES CODE QTY BOTANICAL NAME COMMON NAME CALIPER SIZE REMARKS UP 4 ULMUS PARVIFOLIA LACE BARK ELM 3" CAL. MIN. 10' HT X 5' SPR. FULL, STRAIGHT, SINGLE LEADER IV 21 ILEX VOMITORIA YAUPON HOLLY 2.5" CAL. MIN. 6' HT X 3'-4' SPR. FULL, MULTI-TRUNK, 3 CANE MIN. SHRUBS CODE QTY BOTANICAL NAME COMMON NAME SIZE REMARKS IVN 12 ILEX VOMITORIA 'NANA" DWARF YAUPON HOLLY 18" HT X 18" SPR. X 24" OC FULL, 5 GALLON MIN. GROUNDCOVER CODE QTY BOTANICAL NAME COMMON NAME REMARKS SOD 4,640 SF BUCHLOE DACTYLOIDES BUFFALO GRASS SOD TO BE FULL, FREE OF LUMPS AND ROCKS. FILL JOINTS WITH SAND AND ROLL. PLANT SCHEDULE 0 GRAPHIC SCALE IN FEET 10 20 40 PROPOSED LACE BARK ELM PROPOSED YAUPON HOLLY PROPOSED DWARF YAUPON HOLLY Item 7 SHEET NUMBERPROSPER CITY GATEDATEAS SHOWNCHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECTSEGSEGSTW07/13/2015064425003‹ 2015 KIMLEY-HORN AND ASSOCIATES, INC.BYREVISIONSNo.DATELAST SAVED 7/17/2015 10:36 AMPLOTTED BY WILLIAMSON, SARAH 7/17/2015 10:51 AMDWG PATH K:\DAL_CIVIL\NO_PROJ\ATMOS ENERGY - FRISCO\ATMOS-PROSPER CITY GATE (SITE 2)\DWGDWG NAME 10C-SUP-EXHIBIT D.DWG , [ Layout1 ]IMAGES IMG_3597 : photo 2 : Swatch - Limestone Flagstone Multi Color :XREFS x2436 SUP-Exhibit DEXHIBIT DD15-XXXX - PROSPER CITY GATEAtmos Energy Corportaion 1681 Corporate Drive Mckinney, Texas 75069 Contact: John J Manganilla Phone: (214)733-5145 Kimley-Horn and Associates, Inc. 12750 Merit Drive, Suite 1000 Dallas, Texas 75251 Contact: Sarah Williamson, P.E. Phone: (972)770-1300 Crowley Pipeline & Land Surveying, L.L.C. 117 West Archer Jacksboro, Texas 76458 Contact: Donald R. Crowley, R.P.L.S. Phone: (940)567-2234 183 Land Corporation 1 Cowboys Parkway Irving TX, 75063 Contact: Joe Hickman NORTH EXHIBIT D NOTES 1. THIS CONCEPTUAL ELEVATION IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIRE REVIEW AND APPROVAL FROM THE BUILDING INSPECTION DIVISION. 2. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 3. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING. 4. ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTION DEPARTMENT 5. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE REFLECTIVITY OF TEN (10) PERCENT. PRE-CAST SCREENING WALL STONE COLUMNVEHICULAR GATE (GATE TO BE MADE OF AN ECO-FRIENDLY, COMPOSITE WOOD-ALTERNATIVE, WEATHER PROOF MATERIAL) PRE-CAST SCREENING WALL DETAIL (REFER TO PICTURES ON THIS SHEET FOR PATTERN AND COLOR) Item 7 Item 7 Item 7 Page 1 of 1 To: Mayor and Town Council From: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 11, 2015 Agenda Item: Submission of the FY 2015-2016 Proposed Budget and Budget Message by the Town Manager. Description of Agenda Item: In accordance with Town Charter, the referenced documentation completes the Town Manager’s submission of the Proposed Budget and Budget Message for Fiscal Year 2015-2016. The FY 2015-2016 Proposed Budget, including the Budget Message from the Town Manager, was submitted to the Town Council under separate cover. Town Staff Recommendation: Town staff has submitted the FY 2015-2016 Proposed Budget and Budget Message under separate cover to the Town Council for review. Prosper is a place where everyone matters. TOWN MANAGER’S OFFICE Item 8 Page 1 of 1 To: Mayor and Town Council From: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 11, 2015 Agenda Item: Consider and act upon a proposed FY 2015-2016 property tax rate. Description of Agenda Item: This agenda item is to set the proposed tax rate to publish for consideration. According to Section 26.05(d) of the Property Tax Code, the Town is required to hold two public hearings and publish a newspaper ad if proposing to consider a tax rate that exceeds the effective rate or rollback rate, whichever is lower. The rate the Town finally adopts can be lower than the proposed and published rate, but it cannot exceed it without undergoing the required posting requirements and timeframes. This item requires a record vote. Budget Impact: Cost to publish the notice is budgeted, if required. Town Staff Recommendation: Town staff recommends that the Town Council propose a rate of $0.52 per $100 in valuation. If making your motion according to staff’s recommendation, please use the following: Proposed Motion: I move to place a proposal to adopt a FY 2015-2016 tax rate of fifty-two cents ($0.52) per one hundred dollars ($100) of valuation on the September 22, 2015, Town Council Agenda. If making your motion for a rate equal to or lower than the effective rate, please use the following and fill in the blank with your proposed rate: Proposed Motion: I move to propose a FY 2015-2016 tax rate of ______ cents ($0.____) per one hundred dollars ($100) of valuation, which is equal to or lower than the effective rate. Prosper is a place where everyone matters. TOWN MANAGER’S OFFICE Item 9 Page 1 of 1 To: Mayor and Town Council From: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 11, 2015 Agenda Item: Consider and act upon scheduling Public Hearings on the FY 2015-2016 Proposed Budget. Description of Agenda Item: Chapter 102 of the Texas Local Government Code requires the Town to hold a public hearing on the proposed budget and publish the notice for this meeting in addition to the notice required under Truth in Taxation guidelines. The budget hearings are recommended to be scheduled on the same days as the public hearings on the proposed tax rate. August 25 and September 8 are regular meeting dates of the Town Council. These dates meet the Public Hearing requirements of the Local Government Code. Given the timelines for publishing in the Prosper Press, staff will be submitting the notice of the public hearings on the proposed budget to print in the August 12 Prosper Press. Budget Impact: The cost to publish the notice is budgeted. Town Staff Recommendation: Town staff recommends that the Town Council approve the proposed schedule for Public Hearings on the FY 2015-2016 Proposed Budget. Proposed Motion: I move to schedule Public Hearings on the FY 2015-2016 Proposed Budget for August 25, 2015, at 6:00 p.m., and September 8, 2015, at 6:00 p.m., with each meeting taking place at the Prosper Municipal Chambers at 108 W. Broadway Street, Prosper, TX. Prosper is a place where everyone matters. TOWN MANAGER’S OFFICE Item 10 Page 1 of 2 To: Mayor and Town Council From: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 11, 2015 Agenda Item: Consider and act upon scheduling Public Hearings for the FY 2015-2016 proposed tax rate. Description of Agenda Item: Section 26.05(d) of the Texas Property Tax Code requires taxing entities to hold two public hearings and publish newspaper ads before adopting a tax rate that exceeds the effective rate or rollback rate, whichever is lower. If the Council votes to propose the recommended tax rate of $0.52 per $100 valuation, this item will need to be acted on by setting the public hearings and publishing a notice in the local newspaper. A quorum must be present at each public hearing. As specified in the notice requirements set out in SB 1510, a draft notice is attached. August 25 and September 8 are regularly scheduled Town Council meeting dates. Hearings on these dates satisfy Texas Property Tax Code requirements. If the Council votes to propose a tax rate equal to or less than $0.480591 per $100 valuation, the effective tax rate, then the public hearings and publications are not necessary and this item requires no action. Budget Impact: The cost to publish the notices is included in the budget. Attached Documents: 1. Notice of 2015 Tax Year Proposed Property Tax Rate. Town Staff Recommendation: Town staff recommends that the Town Council: If the proposed rate is the recommended $0.52 or otherwise exceeds the effective tax rate, which is $0.480591 per $100 valuation, please use the following: Proposed Motion: I move to set the Public Hearings on the proposal to increase total tax revenues and the proposed tax rate of $0.52 per $100 in valuation for August 25, 2015, at 6:00 p.m. and September 8, 2015, at 6:00 p.m., with each meeting taking place at the Prosper Municipal Chambers at 108 W. Broadway Street, Prosper, TX. Prosper is a place where everyone matters. TOWN MANAGER’S OFFICE Item 11 Page 2 of 2 If the proposed rate is equal or less than the effective tax rate, please: Take no action on this item, provided the rate proposed is equal to or lower than the effective tax rate. In such case, public hearings are not required. Item 11 NOTICE OF 2015 TAX YEAR PROPOSED PROPERTY TAX RATE FOR TOWN OF PROSPER A tax rate of $0.520000 per $100 valuation has been proposed for adoption by the governing body of Town of Prosper. This rate exceeds the lower of the effective or rollback tax rate, and state law requires that two public hearings be held by the governing body before adopting the proposed tax rate. PROPOSED TAX RATE $0.520000 per $100 PRECEDING YEAR'S TAX RATE $0.520000 per $100 EFFECTIVE TAX RATE $0.480591 per $100 ROLLBACK TAX RATE $0.524487 per $100 The effective tax rate is the total tax rate needed to raise the same amount of property tax revenue for Town of Prosper from the same properties in both the 2014 tax year and the 2015 tax year. The rollback tax rate is the highest tax rate that Town of Prosper may adopt before voters are entitled to petition for an election to limit the rate that may be approved to the rollback rate. YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS FOLLOWS: property tax amount= (rate) x (taxable value of your property)/100 For assistance or detailed information about tax calculations, please contact: Kenneth L. Maun Tax Assessor Collector 2300 Bloomdale Road McKinney, TX 75071 972-547-5020 kmaun@collincountytx.gov www.prospertx.gov You are urged to attend and express your views at the following public hearings on the proposed tax rate: First Hearing: August 25, 2015 at 6:00 pm at Prosper Municipal Chambers, 108 W. Broadway, Prosper, Texas. Second Hearing: September 8, 2015 at 6:00 pm at Prosper Municipal Chambers, 108 W. Broadway, Prosper, Texas. Page 1 of 1 To: Mayor and Town Council From: Matt Furr, Park Superintendent Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 11, 2015 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Facility Utilization Agreement between the Town of Prosper, Texas, and Prosper Youth Sports Commission (PYSC), related to use of the Town’s facilities and services. Description of Agenda Item: At the October 22, 2013, Town Council meeting, an ordinance was adopted establishing the Prosper Youth Sports Commission (PYSC). Bylaws for the PYSC were approved at the November 11, 2014, Town Council meeting. The attached agreement gives PYSC leagues priority use of the Town’s fields and incorporates applicable components of the agreement into its previously approved bylaws. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Attached Documents: 1. Facility Utilization Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Facility Utilization Agreement between the Town of Prosper, Texas, and Prosper Youth Sports Commission (PYSC), related to use of the Town’s facilities and services. Proposed Motion: I move to authorize the Town Manager to execute a Facility Utilization Agreement between the Town of Prosper, Texas, and Prosper Youth Sports Commission (PYSC), related to use of the Town’s facilities and services. Prosper is a place where everyone matters. PARKS & RECREATION Item 12 Page 1 STATE OF TEXAS § § FACILITY UTILIZATION AGREEMENT COUNTY OF COLLIN § This Facility Utilization Agreement (“Agreement”) is made by and between the Town of Prosper, Texas (the “Town”), and Prosper Youth Sports Commission, (the “Co-Sponsored Organization”) (collectively, the “Parties”), acting by and through their respective authorized officers. WITNESSETH: WHEREAS, the Co-Sponsored Organization conducts its affairs within the framework of the Town’s policies; and WHEREAS, the Town allows the Co-Sponsored Organization use of the Town’s facilities and services required to accomplish the Co-Sponsored Organization’s objectives; NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Town” shall mean the Town of Prosper, Texas. “Co-Sponsored Organization” shall mean Prosper Youth Sports Commission (PYSC). “Effective Date” shall mean the last date of execution hereof. “Game facility” and “facility” shall mean a facility where sports league play is being held and use is being managed in order to maintain the playing conditions at a high level. Game facilities are designated by the Town’s Parks and Recreation Department. These facilities are subject to usage fees. “Leagues” shall mean member associations approved by the Co-Sponsored Organization, for the purpose of playing various sports at the Town’s game facilities and outdoor athletic facilities, including, but not limited to, soccer, football, baseball, softball and lacrosse. “Nonresident” shall mean a person who lives outside the Town of Prosper. Item 12 Page 2 “Outdoor athletic facilities” shall mean outdoor athletic facilities including, but not limited to, lighted and unlighted playing fields and courts programmed for the purpose of conducting practices, League play, tournaments, meets, camps and clinics for competitive and recreational sports that include, but are not limited to, soccer, football, baseball, softball and lacrosse or any such use as deemed appropriate by the Town. “Participants” shall mean residents and non-residents who take part in the Co-Sponsored Organization Leagues activities, including players and coaches. “Resident” shall mean a person who lives within the Town of Prosper. “Season” shall mean a recurrent period of time characterized by League practices and games associated with registration fees for a particular sport as agreed upon by the designated representative from both Parties. Article II Term; Termination 2.1 Term. The term of this Agreement shall begin on . This Agreement shall continue in force through December 31, 2016, and shall be renewed for automatic successive one (1) year terms. 2.2 Termination. Either Party may terminate this Agreement by giving thirty (30) days prior written notice to the other Party. Upon termination, all improvements shall remain the property of the Town, and all personal property shall remain the property of the Party paying for the same. Removal of personal property shall be subject to the terms contained herein; however, all personal property remaining on the subject real property ninety (90) days after the date of termination shall become the personal property of the Town. Article III Duties of the Co-Sponsored Organization 3.1 Composition. The Co-Sponsored Organization Leagues must comply with the participation requirements of the Town. 3.2 Administrative Functions. The Co-Sponsored Organization agrees that it will work with Leagues in performing administrative functions and the following shall not be the Town’s responsibility: a. Organizational meetings; b. League registrations; c. Collecting and maintaining funds derived from registration fees or fundraising projects; d. Drafting and communicating League schedules; and e. Contacting and scheduling officials for all League games. Co-sponsored Organization agrees to: Item 12 Page 3 a. Assure Leagues remit to the Town all field user fees per Town ordinance; b. Assure that all participants and officials conduct themselves in accordance with all Town Parks and Recreation Department’s policies, Town Ordinances, and state laws; c. Maintain proper communications with the Town Parks and Recreation Department pertaining to facility needs; d. Schedule facilities according to the Town’s policy; and e. Conduct organizational meetings. 3.3 League Representative. The Co-Sponsored Organization Leagues shall provide a League representative on-site at each organized League game/event scheduled to be held at the Town’s facilities, excluding practices. 3.4 Signs. The Co-Sponsored Organization agrees that Leagues shall not construct or erect any temporary or permanent structures, signs, equipment, or other related items without the Town Parks and Recreation Department’s prior written approval. 3.5 Public Access; Admission Fees. The Co-Sponsored Organization Leagues shall allow public access to game facilities and shall not charge any fees for admission to games or facilities without the Town Parks and Recreation Department’s prior written approval. 3.6 Facilities. The Co-Sponsored Organization agrees that Leagues shall stop play by 9:45 p.m. and turn facility lights off by 10:00 p.m., unless the League has obtained prior written approval of the Town Parks and Recreation Department at least twenty-four (24) hours prior to the scheduled game start time. The Co-Sponsored Organization agrees that the Leagues may utilize Folsom Park for organized team practice only and shall require the Leagues to follow the following obligations: a. At no time shall the Leagues use on-street parking facilities during scheduled practices. b. The sports field lighting may be operated Monday through Friday for team practice during the sports season. At no time shall the sports field lighting remain in use following 9:00 p.m. during the week (Monday through Friday). No lights shall be operated on Saturday or Sunday. c. Leagues shall not schedule league games or competitive play among two opposing teams. 3.7 Coach Certifications. The Co-Sponsored Organization Leagues shall ensure that all head coaches are certified for coaching per each League’s governing body and shall maintain up-to-date background checks of all coaches. Item 12 Page 4 3.8 Code of Conduct. The Co-Sponsored Organization Leagues shall develop and submit a League Code of Conduct, which shall include an enforcement plan. The Co-Sponsored Organization Leagues shall communicate the League Code of Conduct to coaches, parents, participants, and spectators. The Co-Sponsored Organization Leagues shall implement a grievance system whereby complaints and concerns will be properly heard and addressed. 3.9 Non-Discrimination Policy. The Co-Sponsored Organization Leagues shall adopt a non-discrimination policy that ensures participation for all youth regardless of race, creed, sex, economic status, disability, other legally protected status or athletic ability. 3.10 Team Balance. The Co-Sponsored Organization Leagues shall develop recreational Leagues encouraging team balance and equal playing time for participants. 3.11 Schedule. The Co-Sponsored Organization agrees to assure that Leagues provide a proposed Facility use schedule (which specifically identifies game facilities and outdoor athletic facilities needed for League activities, and dates and times of such use) to the Town at least sixty (60) days before the commencement of each season. The Parties recognize that weather days, rain days, or suspension of League play may require rescheduling of League activities; notice of rescheduling of such activities shall be given to the Town’s Parks and Recreation Department at least forty-eight (48) hours prior to such use. 3.12 Facility Use; Termination. The Parties agree that the Town may use game facilities when Co-Sponsored Organization activities are not scheduled. The Parties agree that the Co-Sponsored Organization’s failure to use the game facilities for at least seventy-five percent (75%) of its scheduled activities may constitute a termination of this Agreement. Article IV Duties of the Town 4.1 Facility Priority. The Town agrees to give priority to the Co-Sponsored Organization’s League games at Town game facilities, unless the Town has previously scheduled a facility for its own use. The Town agrees to prohibit individual teams and members of any non-Co-Sponsored Organization from using designated game facilities without entering into a facility rental agreement with the Town. The Town has the authority to close game facilities at its discretion, for reasons including, but not limited to, inclement weather, drought, overuse, maintenance, and conflicting park activities. 4.2 Sports Seasons. The Co-Sponsored Organization agrees to cooperate in establishing specific sports seasons and acknowledges that the Town may disallow usage as needed. Parties agree that the first practice and/or scrimmage game scheduled will constitute the start of the season. Item 12 Page 5 4.3 Concessions. The Parties agree that the Town Parks and Recreation Department shall control all concession rights for all facilities. The Co-Sponsored Organization agrees that Leagues shall not sell any concessions at any facility without the prior written approval of the Town Parks and Recreation Department. The Town may allocate specific vending facilities for use by the Co-Sponsored Organization Leagues. Such allocations of facilities are at the sole discretion of the Town. The Co-Sponsored Organization Leagues shall ensure that all food and/or drink prepared, served, sold and/or stored complies with all Town regulations. Article V Miscellaneous 5.1 Binding Agreement; Assignment. The terms and conditions of this Agreement are binding upon the successors and assigns of all Parties hereto. The Co-Sponsored Organization agrees not to assign this Agreement or rent or sublease any Town property. 5.2 INDEMNIFICATION. THE TOWN SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM ANY OCCURRENCE AT ANY TOWN FACILITIES OR OUTDOOR ATHLETIC FACILITIES OR FROM THE USE OF SAID PREMISES BY THE CO-SPONSORED ORGANIZATION, ITS OFFICERS, EMPLOYEES, AGENTS, PARTICIPANTS, MEMBERS, AND INVITEES (HEREINAFTER, “INDEMNITORS) DURING THE TERM OF THIS AGREEMENT AND THEREAFTER. THE INDEMNITORS HEREBY WAIVES ALL CLAIMS AGAINST THE TOWN, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS “THE TOWN”) FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON IN, UPON, AT OR ABOUT ABOVE-REFERENCED PREMISES ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE SOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF TOWN. THE INDEMNITORS EXPRESSLY ASSUME ALL RISKS OF INJURY OR DAMAGE TO PROPERTY AND PERSONS RESULTING FROM THE CONDITION OF THE TOWN’S FACILITIES, OUTDOOR ATHLETIC FACILITIES, AND THE CO-SPONSORED ORGANIZATION’S USE OF SAID FACILITIES, AND AGREE TO INDEMNIFY AND SAVE HARMLESS THE TOWN FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEYS’ FEES AND COSTS OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY ARISING FROM THE CONDITION OF THE TOWN’S FACILITIES, OUTDOOR ATHLETIC FACILITIES, AND THE CO-SPONSORED ORGANIZATION’S USE OF SAID FACILITIES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, THE CO-SPONSORED ORGANIZATIONS, MEMBERS, PARTICIPANTS, AND INVITEES (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO SOLE NEGLIGENCE OF THE TOWN). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST THE TOWN IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE CO- SPONSORED ORGANIZATION, ON NOTICE FROM THE TOWN, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT THE CO-SPONSORED ORGANIZATION’S EXPENSE, Item 12 Page 6 BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO THE TOWN. THE CO-SPONSORED ORGANIZATION’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY THE CO-SPONSORED ORGANIZATION UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 5.3 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. 5.4 Insurance. a. Each League in the Co-Sponsored Organization shall, during the term hereof, maintain in full force and effect the following insurance: (1) a policy of comprehensive general liability insurance for bodily injury, death and property damage insuring against all claims, demands or actions relating to the use of any of the Game Facilities by the Leagues pursuant to this Agreement with a minimum combined single limit of not less than $1 Million Dollars ($1,000,000.00) per occurrence for injury to persons (including death), and for property damage with an aggregate of not less than $2 Million Dollars ($2,000,000.00), including coverage for advertising products coverage; (2) a policy of automobile liability insurance covering any vehicles owned and/or operated by any of the Leagues, theirs officers, agents, and employees with a minimum of $1 Million Dollars ($1,000,000.00) combined single limit; and (3) statutory Worker’s Compensation Insurance covering all the Leagues’ employees. b. All insurance shall be endorsed to contain the following provisions: (1) name the Town, its officers, agents, employees, and all board members of the Co- Sponsored Organization as additional insureds as to all applicable coverage with the exception of Worker’s Compensation Insurance; (2) provide for at least thirty (30) days’ prior written notice to the Town for cancellation, non-renewal, or material change of the insurance; and (3) provide for a waiver of subrogation against the Town for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. c. All insurance companies providing the required insurance shall be lawfully authorized to issue insurance of the types and amounts required by this Agreement, transact business in Texas, shall be rated at least “A” by AM Best or other equivalent rating service, and shall be satisfactory to the Town. d. The Co-Sponsored Organization shall deliver certificates of insurance and policy endorsements for each insurance policy required herein from the Leagues to the Town, in a form reasonably satisfactory to the Town, prior to the commencement of the Term of this Agreement, and prior to the commencement of any renewal Term. Item 12 Page 7 5.5 Documentation. The Co-Sponsored Organization agrees to submit to the Town Parks and Recreation Department a copy of the organization’s bylaws upon signing this Agreement and annually thereafter with names, addresses, email, and phone numbers of all officers and board members of the Co-Sponsored Organization. The Co-Sponsored Organization agrees to submit copies of the said records and the following presented to the Town upon request: a. Number of Prosper children served in the programs; b. Fees charged for participation and a breakdown of how those fees are spent; c. Number of coaches receiving certification training versus the total number of coaches in program; d. The number of scholarships offered to underprivileged youth; and e. Copy of League financial records, if deemed necessary by the Town to ensure compliance with this Agreement. 5.6 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 on the day actually received as set by courier or otherwise hand delivered. If intended for the Town, to: Hulon Webb Executive Director of Development and Community Services 407 E. First Street Prosper, Texas 75078 If intended for Co-Sponsored Organization: Attn: ___________________ ________________________ ________________________ ________________________ 5.7 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, except as provided in any Exhibits attached hereto. 5.8 Governing Law. The Agreement shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Collin County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 5.9 Amendment. This Agreement may be amended by the mutual written agreement of the Parties. Item 12 Page 8 5.10 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 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. 5.11 Recitals. The recitals to this Agreement are incorporated herein. 5.12 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. 5.13 Exhibits. Any exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 5.14 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. (Signature page to follow) Item 12 Page 9 EXECUTED on this _______ day of _____________________, 2015. TOWN OF PROSPER, TEXAS By: _______________________________________ Harlan Jefferson, Town Manager ATTEST: By: _______________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM: By: ___________________________________ Terrence S. Welch, Town Attorney EXECUTED on this _______ day of _____________________, 2015. CO-SPONSORED ORGANIZATION By: ___________________________________ Name: ___________________________ Title: ___________________________ Item 12 Page 1 of 2 To: Mayor and Town Council From: Matt Richardson, P. E., Senior Engineer Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 11, 2015 Agenda Item: Consider and act upon awarding Bid No. 2015-42-B to Starlite Sign, LP, related to construction services for the Decorative Monument Signs project; and authorizing the Town Manager to execute a construction agreement for same. Description of Agenda Item: On May 21, 2015, at 2:30 PM, one bid was opened for the Decorative Monument Signs project. The verified bid total was $248,290 from Starlite Sign, LP. This amount exceeds the project budget of $150,000 by $98,290. The bid included eleven decorative monument signs located at all four corners of Coit Road and First Street, all four corners of Coit Road and Richland Boulevard, and all three corners of First Street and La Cima Boulevard. Upon reviewing the bid, staff determined that Starlite's prices for electrical and landscaping work associated with the signs significantly exceeded typical prices for similar work. Items No. 12 through 22 will be removed from the contract, and staff will contract these services directly through specialty vendors or will utilize in-house resources for installation. Staff also received direction from the Town Council that three signs could be eliminated because they were located on unimproved medians adjacent to transitions from a divided roadway section to an undivided roadway section. These three locations proposed to be eliminated are Coit Road north of First Street, First Street east of Coit Road, and Richland Boulevard east of Coit Road. These reductions will result in a revised bid total of $100,112 for the eight remaining monument signs. Per competitive bid laws, award of a bid cannot be reduced by more than 25% without the consent of the contractor. Staff discussed all items with Starlite, and they agreed to the removal of the electrical and landscaping items, and the reduction of quantity to eight signs. Budget Impact: The CIP includes $150,000 in funding for the Decorative Monument Signs project. This contract, as modified, totaling $100,112 is within the budget amount. Additional expenditures for electrical and landscaping work will utilize the $49,888 remaining in the project budget. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement as to form and legality. Prosper is a place where everyone matters. ENGINEERING Item 13 Page 2 of 2 Attached Documents: 1. Location Map 2. Construction Agreement Town Staff Recommendation: Town staff recommends that the Town Council award Bid No. 2015-42-B to Starlite Sign, LP, related to construction services for the Decorative Monument Signs project, including a reduction to eight decorative monument signs and elimination of bid items number 12 through 22; and authorize the Town Manager to execute a construction agreement for same. Proposed Motion: I move to award Bid No. 2015-42-B to Starlite Sign, LP, related to construction services for the Decorative Monument Signs project, including a reduction to eight decorative monument signs and elimination of bid items number 12 through 22; and authorize the Town Manager to execute a construction agreement for same. Item 13 Decorative Monument Signs Item 13 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR DECORATIVE MONUMENT SIGNS BID NO. 2015-42-B TOWN OF PROSPER COLLIN COUNTY, TEXAS TOWN OFFICIALS Ray Smith, Mayor Meigs Miller, Mayor Pro-Tem Kenneth Dugger, Deputy Mayor Pro-Tem Michael Korbuly, Place 1 Curry Vogelsang Jr., Place 3 Mike Davis, Place 5 Jason Dixon, Place 6 Harlan Jefferson, Town Manager Item 13 DECORATIVE MONUMENT SIGNS PAGE 1 TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................. 1  LEGAL NOTICE .............................................................................................................. 2  INSTRUCTIONS TO BIDDERS ...................................................................................... 3  BID PROPOSAL FORM .................................................................................................. 4  BID BOND ..................................................................................................................... 10  OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW .............................. 12  CONSTRUCTION AGREEMENT .................................................................................. 13  PERFORMANCE BOND ............................................................................................... 26  PAYMENT BOND.......................................................................................................... 29  MAINTENANCE BOND ................................................................................................. 32  GENERAL CONDITIONS .............................................................................................. 35  Item 13 DECORATIVE MONUMENT SIGNS PAGE 2 LEGAL NOTICE The Town of Prosper is accepting sealed bids for DECORATIVE MONUMENT SIGNS PROJECT, Bid No. 2015-42-B. Bids will be accepted until 2:30 p.m. on Thursday, May 14, 2015 at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078. Any bids received after this time will not be accepted, and will be returned unopened. Bids will be publicly opened and read aloud at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078 immediately following this time. The Project consists of furnishing all labor, equipment and materials (except as otherwise specified), and performing all work necessary for constructing eleven (11) decorative stone and steel LED illuminated signs with stamped and stained concrete median noses. Successful bidder also responsible for adjusting drip irrigation and planting additional landscaping. Each bid submitted shall be accompanied by a cashier's check in the amount of five percent (5%) of the maximum amount bid, payable without recourse to the Town of Prosper, or a Bid Bond in the same amount from a reliable surety company as a guarantee that, if awarded the contract, the Bidder will execute a Construction Agreement with the Town, including all required bonds and other documents. The successful bidder shall furnish performance and payment bonds in the amount of 100% of the contract amount as well as evidence of all required insurance coverage within ten (10) calendar days of notice of award. The successful bidder shall also furnish a Maintenance Bond in the amount of 10% of the contract sum covering defects of material and workmanship for two calendar years following the Town's approval and acceptance of the construction. An approved surety company, licensed in the State of Texas, shall issue all bonds in accordance with Texas law. Copies of Plans, Specifications, and Contract Documents may be examined at Development Services, 409 E First, Prosper, TX 75078 without charge. Copies of Plans, Specifications, and Contract Documents may also be downloaded free of charge from Current Bidding Opportunities, at the following link: http://www.prospertx.gov/Purchasing.aspx. Questions and requests for clarifications in regards to this bid should be emailed directly to January Cook, CPPO, CPPB, Purchasing Agent, at january_cook@prospertx.gov May 8, 2015, at 12:00 p.m. will be the deadline for receipt of questions and requests for clarifications. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town. Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 DECORATIVE MONUMENT SIGNS PAGE 12 OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW Texas Government Code §2252.002 provides that, in order to be awarded a contract as low bidder, a non-resident bidder (out-of-state contractor whose corporate office or principal place of business is outside the State of Texas) bid projects in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in the following statement must be filled out by all out-of-state or non-resident bidders in order for those bids to meet specifications. (This information may be obtained from the Texas Register.) The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Non-resident contractor in ___________________ (give state), our principal place of business, is required to be _________ percent lower than resident bidders by State Law. The exact language of the statute is set out below. Non-resident contractor in ___________________ (give state), our principal place of business, is not required to underbid resident bidders. BIDDER By Company (Please Print) Address Signature City State Zip Title (Please Print) “Tex. Gov’t Code Sec. 2252.002. AWARD OF CONTRACT TO NONRESIDENT BIDDER. A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located.” Item 13 DECORATIVE MONUMENT SIGNS PAGE 13 CONSTRUCTION AGREEMENT THE STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN ) This Construction Agreement (the "Agreement") is made by and between Starlite Sign, LP, a Texas corporation, (the "Contractor") and the Town of Prosper, Texas, a municipal corporation (the "Owner"). For and in consideration of the payment, agreements and conditions hereinafter mentioned, and under the conditions expressed in the bonds herein, Contractor hereby agrees to complete the construction of improvements described as follows: DECORATIVE MONUMENT SIGNS BID NO. 2015-42-B (ITEM 1, QUANTITY OF 11 EACH) in the Town of Prosper, Texas, and all extra work in connection therewith, under the terms as stated in the terms of this Contract, including all Contract Documents incorporated herein; and at his, her or their own proper cost and expense to furnish all superintendence, labor, insurance, equipment, tools and other accessories and services necessary to complete the said construction in accordance with all the Contract Documents, incorporated herein as if written word for word, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings and printed or written explanatory manner therefore, and the Specifications as prepared by Town of Prosper or its consultant hereinafter called Engineer, who has been identified by the endorsement of the Contractor's written proposal, the General Conditions of this Contract, the Special Conditions of this Contract, the payment, performance, and maintenance bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire Contract. A. Contract Documents and Order of Precedence The Contract Documents shall consist of the following documents: 1. this Construction Agreement; 2. properly authorized change orders; 3. the Special Conditions of this Contract; 4. the General Conditions of this Contract; 5. the Technical Specifications & Construction Drawings of this Contract; 6. the OWNER's Standard Construction Details; 7. the OWNER's Standard Construction Specifications; 8. the OWNER’s written notice to proceed to the CONTRACTOR; Item 13 DECORATIVE MONUMENT SIGNS PAGE 14 9. the Contractor’s Bid Proposal; 10. any listed and numbered addenda; 11. the Performance, Payment, and Maintenance Bonds; and, 12. any other bid materials distributed by the Owner that relate to the Project. These Contract Documents are incorporated by reference into this Construction Agreement as if set out here in their entirety. The Contract Documents are intended to be complementary; what is called for by one document shall be as binding as if called for by all Contract Documents. It is specifically provided, however, that in the event of any inconsistency in the Contract Documents, the inconsistency shall be resolved by giving precedence to the Contract Documents in the order in which they are listed herein above. If, however, there exists a conflict or inconsistency between the Technical Specifications and the Construction Drawings it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the project. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the project. B. Total of Payments Due Contractor For performance of the Work in accordance with the Contract Documents, the Owner shall pay the Contractor in current funds an amount not to exceed One Hundred Thousand One Hundred Twelve Dollars and no cents ($ 100,112.00). This amount is subject to adjustment by change order in accordance with the Contract Documents. C. Dates to Start and Complete Work Contractor shall begin work within ten (10) calendar days after receiving a written Notice to Proceed or written Work Order from the Owner. All Work required under the Contract Documents shall be substantially completed within 75 calendar days after the date of the Notice to Proceed for the base bid. Within 30 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. Under this Construction Agreement, all references to “day” are to be considered “calendar days” unless noted otherwise. D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH Item 13 DECORATIVE MONUMENT SIGNS PAGE 15 MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS. CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S) OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB-CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE BENEFIT ACTS. INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. In its sole discretion, the Owner shall have the right to approve counsel to be retained by Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain approved counsel for the Owner within seven (7) business days after receiving written notice from the Owner that it is invoking its right to indemnification under this Construction Agreement. If Contractor does not retain counsel for the Owner within the required time, then the Owner shall have the right to retain counsel and the Contractor shall pay these attorneys' fees and expenses. Item 13 DECORATIVE MONUMENT SIGNS PAGE 16 The Owner retains the right to provide and pay for any or all costs of defending indemnified items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for any such costs, Contractor shall indemnify and reimburse Owner for such costs. (Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) E. Insurance Requirements 1. Before commencing work, the Contractor shall, at its own expense, procure, pay for and maintain the following insurance coverage written by companies approved by the State of Texas and acceptable to the Town of Prosper. The Contractor shall furnish to the Town of Prosper Purchasing Agent certificates of insurance executed by the insurer or its authorized agent stating the type of coverages, limits of each such coverage, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: DECORATIVE MONUMENT SIGNS Bid No. 2015-42-B Town of Prosper Attn: Purchasing Agent 121 W. Broadway Prosper, Texas 75078 (a) Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000 per-occurrence, $1,000,000 Products/Completed Operations Aggregate and $2,000,000 general aggregate. If high risk or dangerous activities are included in the Work, explosion, collapse and underground (XCU) coverage is also required. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. (b) Workers’ Compensation insurance with statutory limits; and Employers’ Liability coverage with minimum limits for bodily injury: a) by accident, $100,000 each accident, b) by disease, $100,000 per employee with a per policy aggregate of $500,000. (c) Umbrella or Excess Liability insurance with minimum limits of $2,000,000 each occurrence and annual aggregate for bodily injury and property damage, that follows form and applies in excess of the above indicated primary coverage in subparagraphs a and b. The total limits required may be satisfied by any combination of primary, excess or umbrella liability insurance provided all policies comply with all requirements. The Contractor may maintain reasonable deductibles, subject to approval by the Owner. Item 13 DECORATIVE MONUMENT SIGNS PAGE 17 2. With reference to the foregoing required insurance, the Contractor shall endorse applicable insurance policies as follows: (a) A waiver of subrogation in favor of Town of Prosper, its officials, employees, and officers shall be contained in the Workers’ Compensation insurance policy. (b) The Town of Prosper, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. (Please note that this “additional insured” coverage requirement is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) (c) All insurance policies shall be endorsed to the effect that Town of Prosper will receive at least thirty (30) days notice prior to cancellation, non- renewal, termination, or material change of the policies. 3. All insurance shall be purchased from an insurance company that meets a financial rating of “A” or better as assigned by the A.M. BEST Company or equivalent. 4. With respect to Workers’ Compensation insurance, the Contractor agrees to comply with all applicable provisions of 28 Tex. Admin Code § 110.110, “Reporting Requirements for Building or Construction Projects for Governmental Entities,” as such provision may be amended, and as set forth in Paragraph F following. F. Workers' Compensation Insurance Coverage 1. Definitions: Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, Item 13 DECORATIVE MONUMENT SIGNS PAGE 18 or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the Item 13 DECORATIVE MONUMENT SIGNS PAGE 19 statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Item 13 DECORATIVE MONUMENT SIGNS PAGE 20 contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Performance, Payment and Maintenance Bonds The Contractor shall procure and pay for performance and payment bonds applicable to the work in the amount of the total bid price. The Contractor shall also procure and pay for a maintenance bond applicable to the work in the amount of ten percent (10%) of the total bid price. The period of the Maintenance Bond shall be two years from the date of acceptance of all work done under the contract, to cover the guarantee as set forth in this Construction Agreement. The performance, payment and maintenance bonds shall be issued in the form attached to this Construction Agreement as Exhibits B, C and D. Other performance, payment and maintenance bond forms shall not be accepted. Among other things, these bonds shall apply to any work performed during the two-year warranty period after acceptance as described in this Construction Agreement. The performance, payment and maintenance bonds shall be issued by a corporate surety, acceptable to and approved by the Town, authorized to do business in the State of Texas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply capital and surplus information concerning the surety and reinsurance information concerning the performance, payment and maintenance bonds upon Town request. In addition to the foregoing requirements, if the amount of the bond exceeds One Hundred Thousand Dollars ($100,000) the bond must be issued by a surety that is qualified as a surety on obligations permitted or required under federal law as indicated by publication of the surety’s name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise acceptable surety company (not qualified on federal obligations) that is authorized and admitted to write surety bonds in Texas must obtain reinsurance on any amounts in excess of One Hundred Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department Circular 570. H. Progress Payments and Retainage As it completes portions of the Work, the Contractor may request progress payments from the Owner. Progress payments shall be made by the Owner based on the Owner's estimate of the value of the Work properly completed by the Contractor since the time the last progress payment was made. The "estimate of the value of the work properly completed" shall include the net invoice value of acceptable, non-perishable materials actually delivered to and currently at the job site only if the Contractor provides to the Owner satisfactory evidence that material suppliers have been paid for these materials. No progress payment shall be due to the Contractor until the Contractor furnishes to the Owner: 1. copies of documents reasonably necessary to aid the Owner in preparing an estimate of the value of Work properly completed; 2. full or partial releases of liens, including releases from subcontractors providing materials or delivery services relating to the Work, in a form acceptable to the Item 13 DECORATIVE MONUMENT SIGNS PAGE 21 Owner releasing all liens or claims relating to goods and services provided up to the date of the most recent previous progress payment; 3. an updated and current schedule clearly detailing the project’s critical path elements; and 4. any other documents required under the Contract Documents. Progress payments shall not be made more frequently than once every thirty (30) calendar days unless the Owner determines that more frequent payments are appropriate. Further, progress payments are to be based on estimates and these estimates are subject to correction through the adjustment of subsequent progress payments and the final payment to Contractor. If the Owner determines after final payment that it has overpaid the Contractor, then Contractor agrees to pay to the Owner the overpayment amount specified by the Owner within thirty (30) calendar days after it receives written demand from the Owner. The fact that the Owner makes a progress payment shall not be deemed to be an admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work. Progress payments shall not be deemed to be acceptance of the Work nor shall a progress payment release the Contractor from any of its responsibilities under the Contract Documents. After determining the amount of a progress payment to be made to the Contractor, the Owner shall withhold a percentage of the progress payment as retainage. The amount of retainage withheld from each progress payment shall be set at five percent (5%). Retainage shall be withheld and may be paid to: a. ensure proper completion of the Work. The Owner may use retained funds to pay replacement or substitute contractors to complete unfinished or defective work; b. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated damages; and c. provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Retained funds shall be held by the Owner in accounts that shall not bear interest. Retainage not otherwise withheld in accordance with the Contract Documents shall be returned to the Contractor as part of the final payment. I. Withholding Payments to Contractor The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that the Work has not been performed in accordance with the Contract Documents. The Owner may use these funds to pay replacement or substitute contractors to complete unfinished or defective Work. The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper to provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Item 13 DECORATIVE MONUMENT SIGNS PAGE 22 Amounts withheld under this section shall be in addition to any retainage. J. Acceptance of the Work When the Work is completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents, it shall issue a written notice of acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. It is specifically provided that Work shall be deemed accepted on the date specified in the Owner's written notice of acceptance of the Work. The Work shall not be deemed to be accepted based on "substantial completion" of the Work, use or occupancy of the Work, or for any reason other than the Owner's written Notice of Acceptance. Further, the issuance of a certificate of occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work. In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of the Work. In this event, the notice shall state specifically what portion of the Work is accepted. K. Acceptance of Erosion Control Measures When the erosion control measures have been completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents and per TPDES General Construction Permit, it shall issue a written Notice of Acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents or TPDES General Construction Permit, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. L. Final Payment After all Work required under the Contract Documents has been completed, inspected, and accepted, the Town shall calculate the final payment amount promptly after necessary measurements and computations are made. The final payment amount shall be calculated to: 1. include the estimate of the value of Work properly completed since the date of the most recent previous progress payment; 2. correct prior progress payments; and 3. include retainage or other amounts previously withheld that are to be returned to Contractor, if any. Final payment to the Contractor shall not be due until the Contractor provides original full releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to the Owner to show that all sums due for labor, services, and materials furnished for or used in connection with the Work have been paid or shall be paid with the final payment. To ensure this Item 13 DECORATIVE MONUMENT SIGNS PAGE 23 result, Contractor consents to the issuance of the final payment in the form of joint checks made payable to Contractor and others. The Owner may, but is not obligated to issue final payment using joint checks. Final payment to the Contractor shall not be due until the Contractor has supplied to the Owner original copies of all documents that the Owner determines are reasonably necessary to ensure both that the final payment amount is properly calculated and that the Owner has satisfied its obligation to administer the Construction Agreement in accordance with applicable law. The following documents shall, at a minimum, be required to be submitted prior to final payment being due: redline as-built construction plans; consent of surety to final payment; public infrastructure inventory; affidavit of value for public infrastructure; and, final change order(s). “Redline as-built construction plans” shall include, but are not limited to markups for change orders, field revisions, and quantity overruns as applicable. The list of documents contained in this provision is not an exhaustive and exclusive list for every project performed pursuant to these Contract Documents and Contractor shall provide such other and further documents as may be requested and required by the Owner to close out a particular project. Subject to the requirements of the Contract Documents, the Owner shall pay the Final Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance. This provision shall apply only after all Work called for by the Contract Documents has been accepted. M. Contractor’s Warranty For a two-year period after the date specified in a written notice of acceptance of Work, Contractor shall provide and pay for all labor and materials that the Owner determines are necessary to correct all defects in the Work arising because of defective materials or workmanship supplied or provided by Contractor or any subcontractor. This shall also include areas of vegetation that did meet TPDES General Construction Permit during final close out but have since become noncompliant. Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor of the date and time of this inspection so that a Contractor representative may be present. After the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail to the Contractor a written notice that specifies the defects in the Work that are to be corrected. The Contractor shall begin the remedial work within ten (10) calendar days after receiving the written notice from the Town. If the Contractor does not begin the remedial work timely or prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs and these expenses shall be paid by the Contractor, the performance bond surety, or both. If the Owner determines that a hazard exists because of defective materials and workmanship, then the Owner may take steps to alleviate the hazard, including making repairs. These steps may be taken without prior notice either to the Contractor or its surety. Expenses incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance bond surety, or both. Item 13 DECORATIVE MONUMENT SIGNS PAGE 24 Any Work performed by or for the Contractor to fulfill its warranty obligations shall be performed in accordance with the Contract Documents. By way of example only, this is to ensure that Work performed during the warranty period is performed with required insurance and the performance and payment bonds still in effect. Work performed during the two-year warranty period shall itself be subject to a one-year warranty. This warranty shall be the same as described in this section. The Owner may make as many warranty inspections as it deems appropriate. N. Compliance with Laws The Contractor shall be responsible for ensuring that it and any subcontractors performing any portion of the Work required under the Contract Documents comply with all applicable federal, state, county, and municipal laws, regulations, and rules that relate in any way to the performance and completion of the Work. This provision applies whether or not a legal requirement is described or referred to in the Contract Documents. Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor, or other professional to provide professional services, if any, that are required by the Contract Documents, Contractor shall not do so on the basis of competitive bids but shall make such selection on the basis of demonstrated competence and qualifications to perform the services in the manner provided by Section 2254.004 of the Texas Government Code and shall so certify to the Town the Contractor's agreement to comply with this provision with Contractor's bid. O. Other Items The Contractor shall sign the Construction Agreement, and deliver signed performance, payment and maintenance bonds and proper insurance policy endorsements (and/or other evidence of coverage) within ten (10) calendar days after the Owner makes available to the Contractor copies of the Contract Documents for signature. Six (6) copies of the Contract Documents shall be signed by an authorized representative of the Contractor and returned to the Town. The Construction Agreement "effective date" shall be the date on which the Town Council acts to approve the award of the Contract for the Work to Contractor. It is expressly provided, however, that the Town Council delegates the authority to the Town Manager or his designee to rescind the Contract award to Contractor at any time before the Owner delivers to the Contractor a copy of this Construction Agreement that bears the signature of the Town Manager and Town Secretary or their authorized designees. The purpose of this provision is to ensure: 1. that Contractor timely delivers to the Owner all bonds and insurance documents; and 2. that the Owner retains the discretion not to proceed if the Town Manager or his designee determines that information indicates that the Contractor was not the lowest responsible bidder or that the Contractor cannot perform all of its obligations under the Contract Documents. Item 13 DECORATIVE MONUMENT SIGNS PAGE 25 THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE CONTRACT DOCUMENTS, UNTIL THE DATE THE OWNER DELIVERS TO THE CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE SIGNATURES JUST SPECIFIED. The Contract Documents shall be construed and interpreted by applying Texas law. Exclusive venue for any litigation concerning the Contract Documents shall be Collin County, Texas. Although the Construction Agreement has been drafted by the Owner, should any portion of the Construction Agreement be disputed, the Owner and Contractor agree that it shall not be construed more favorably for either party. The Contract Documents are binding upon the Owner and Contractor and shall insure to their benefit and as well as that of their respective successors and assigns. If Town Council approval is not required for the Construction Agreement under applicable law, then the Construction Agreement "effective date" shall be the date on which the Town Manager and Town Secretary or their designees have signed the Construction Agreement. If the Town Manager and Town Secretary sign on different dates, then the later date shall be the effective date. STARLITE SIGN, LP TOWN OF PROSPER, TEXAS By: TERRY L. BROCKETT By: HARLAN JEFFERSON Title: President Title: Town Manager Date: Date: Address: 7923 E. McKinney Denton, Texas 76208 Phone: (940) 382-8850 Fax: (940) 387-0429 Address: 121 W. Broadway Prosper, Texas 75078 Phone: (972) 346 - 2640 Fax: (972) 569 - 9335 ATTEST: ROBYN BATTLE Town Secretary Item 13 DECORATIVE MONUMENT SIGNS PAGE 26 PERFORMANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is __________________________________________________________________________, hereinafter called Principal, and __________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Beneficiary”, in the penal sum of __________________ Dollars ($____________) plus fifteen percent (15%) of the stated penal sum as an additional sum of money representing additional court expenses, attorneys’ fees, and liquidated damages arising out of or connected with the below identified Contract in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Beneficiary, dated on or about the _________ day of ___________________, A.D. 20____, a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: DECORATIVE MONUMENT SIGNS BID NO. 2015-42-B in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced contract such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from and against all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully Item 13 DECORATIVE MONUMENT SIGNS PAGE 27 reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications and Drawings, etc., accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in six copies, each one of which shall be deemed an original, this, the ________ day of ________________, 20____. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Item 13 DECORATIVE MONUMENT SIGNS PAGE 28 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Item 13 DECORATIVE MONUMENT SIGNS PAGE 29 PAYMENT BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is ____________________________________________________________________________, hereinafter called Principal, and__________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Owner”, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of ___________________________________ DOLLARS ($_______________) in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Owner, dated on or about the __________ day of _________________, A.D. 20___, a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: DECORATIVE MONUMENT SIGNS BID NO. 2015-42-B NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in the above- referenced Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. Item 13 DECORATIVE MONUMENT SIGNS PAGE 30 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in six copies, each one of which shall be deemed an original, this, the _______ day of _________________, 20___. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Item 13 DECORATIVE MONUMENT SIGNS PAGE 31 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Item 13 DECORATIVE MONUMENT SIGNS PAGE 32 MAINTENANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That _______________________________ whose address is________________________________________________, hereinafter referred to as “Principal,” and ___________________________________, a corporate surety/sureties organized under the laws of the State of ____________ and fully licensed to transact business in the State of Texas, as Surety, hereinafter referred to as “Surety” (whether one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal corporation, hereinafter referred to as “Owner,” in the penal sum of ___________________________________ DOLLARS ($_______________) (ten percent (10%) of the total bid price), in lawful money of the United States to be paid to Owner, its successors and assigns, for the payment of which sum well and truly to be made, we bind ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly and severally; and firmly by these presents, the condition of this obligation is such that: WHEREAS, Principal entered into a certain written Contract with the Town of Prosper, dated on or about the _____ day of ________________________, 20____, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of: <DECORATIVE MONUMENT SIGNS BID NO. 2015-42-B in the Town of Prosper, Texas, as more particularly described and designated in the above- referenced contract, such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word: WHEREAS, in said Contract, the Principal binds itself to use first class materials and workmanship and of such kind and quality that for a period of two (2) years from the completion and final acceptance of the improvements by Owner the said improvements shall require no repairs, the necessity for which shall be occasioned by defects in workmanship or materials and during the period of two (2) years following the date of final acceptance of the Work by Owner, Principal binds itself to repair or reconstruct said improvements in whole or in part at any time within said period of time from the date of such notice as the Town Manager or his designee shall determine to be necessary for the preservation of the public health, safety or welfare. If Principal does not repair or reconstruct the improvements within the time period designated, Owner shall be entitled to have said repairs made and charge Principal and/or Surety the cost of same under the terms of this Maintenance Bond. NOW, THEREFORE, if Principal will maintain and keep in good repair the Work herein contracted to be done and performed for a period of two (2) years from the date of final acceptance and do and perform all necessary work and repair any defective condition (it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work or labor performed by Principal) then this obligation shall be void; otherwise it shall remain in full force and effect and Owner shall have and recover from Principal Item 13 DECORATIVE MONUMENT SIGNS PAGE 33 and its Surety damages in the premises as provided in the Plans and Specifications and Contract. PROVIDED, however, that Principal hereby holds harmless and indemnifies Owner from and against any claim or liability for personal injury or property damage caused by and occurring during the performance of said maintenance and repair operation. PROVIDED, further, that if any legal action be filed on this Bond, exclusive venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc. accompanying same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder. The undersigned and designated agent is hereby designated by Surety as the resident agent in either Collin or Dallas Counties to whom all requisite notice may be delivered and on whom service of process may be had in matters arising out of this suretyship. IN WITNESS WHEREOF, this instrument is executed in six copies, each one of which shall be deemed an original, on this the _____ day of ____________, 20____. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Item 13 DECORATIVE MONUMENT SIGNS PAGE 34 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax Item 13 DECORATIVE MONUMENT SIGNS PAGE 35 GENERAL CONDITIONS GC.01 PURPOSE: The General Conditions contained herein set forth conditions or requirements common to this Contract and all other construction contracts issued by the Town of Prosper. GC.02 DEFINITIONS: The following words and expressions, or pronouns used in their place, shall wherever they appear in this Contract, be construed as follows, unless a different meaning is clear from the context: CALENDAR DAY: Any days of the week or month, no days being excepted. CONTRACT DOCUMENTS: All of the written, printed, typed, and drawn instruments that comprise and govern the performance of the contract as defined by the Construction Agreement. ENGINEER: The ENGINEER of the OWNER or his designee. EXTRA WORK: Work required by the OWNER other than that which is expressly or impliedly required by the Contract Documents at the time of execution of the Contract. HOLIDAYS: The ten official holidays observed are New Year's Day, Martin Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, Christmas Eve, and Christmas Day. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. If a holiday falls on a Sunday, it shall be observed on the following Monday. OWNER: The Town of Prosper, Texas, acting through the Town Manager under authority granted by the Town Council. OWNER'S REPRESENTATIVE: The Executive Director of Development and Community Services of the Town of Prosper or his designee. SUB-CONTRACTOR: Any persons, firm or corporation, other than employees of the CONTRACTOR, who or which contracts with the CONTRACTOR to furnish, or who actually furnishes, labor and/or materials and equipment at or about the site. SUBSTANTIALLY COMPLETE: The condition upon which the Work has been made suitable for use and may serve its intended purpose but may still require minor miscellaneous work and adjustment. WORK: All work to be performed by the CONTRACTOR under the terms of the Contract, including the furnishing of all materials, supplies, machinery, equipment, tools, superintendence, labor, submittals, services, insurance, permits, certificates, licenses, and all water, light, power, fuel, transportation, facilities, and other incidentals. Item 13 DECORATIVE MONUMENT SIGNS PAGE 36 WRITTEN NOTICE: Notice required by the Contract shall be served concurrently to the OWNER'S REPRESENTATIVE, ENGINEER, and/or CONTRACTOR. Notice delivered by mail shall be effective on the postmark date, notice delivered by hand shall be effective the date of delivery, and notice delivered by facsimile or e-mail shall be effective the date of transmission, provided that any notice served after 5 PM or on a weekend or holiday shall be effective the following business day. GC.03 GENERAL RESPONSIBILITIES AND UNDERSTANDINGS: (a) Intent of Contract Documents: The intent of the Contract Documents is to prescribe a complete work or improvement, which the CONTRACTOR undertakes to do in full compliance with the plans, specifications, special provisions, proposal and contract. The CONTRACTOR shall do all work as provided in the plans, specifications, special provisions, proposal and contract, and shall do such additional extra work as may be considered necessary to complete the work in satisfactory and acceptable manner. The CONTRACTOR shall furnish all labor, tools, materials, machinery, equipment and incidentals necessary to the satisfactory prosecution and completion of the work. (b) No Waiver of Legal Right: Inspection by the OWNER or ENGINEER, any order, measurement, or certificate by OWNER or ENGINEER, any order by the OWNER for payment of money, any payment for or acceptance of any work, or any extension of time, or any possession taken by the OWNER, shall not operate as a waiver of any provisions of the Contract Documents or any power therein reserved to the OWNER of any rights or damages therein provided. Any waiver of any breach of contract shall not be held to be a waiver of any other subsequent breach. The OWNER deserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the contract and specifications. The OWNER reserves the right to claim and recover by process of law sums as may be sufficient to correct any error or make good any deficiency in the work resulting from such error, dishonesty or collusion, upon the conclusive proof of collusion or dishonesty by the CONTRACTOR or his agents and the ENGINEER or his assistants, discovered in the work after the final payment has been made. (c) Changes and Alterations: The CONTRACTOR further agrees that the OWNER or ENGINEER may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompany Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages for anticipated profits on the work that may be dispensed with. If the amount of work is increased, such additional work shall be paid for as provided under Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, Item 13 DECORATIVE MONUMENT SIGNS PAGE 37 and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. (d) Discrepancies and Omissions: It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined by the Construction Agreement shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the ENGINEER shall define which is intended to apply to the work. (e) Plans and Specifications: The OWNER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. (f) Ownership of Drawings: All drawings, specifications and copies thereof furnished by the OWNER shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the OWNER. (g) Adequacy of Design: It is understood that the OWNER believes it has employed competent engineers and designers. It is, therefore, agreed that, as to the CONTRACTOR only, the OWNER shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, and the practicability of the operations of the completed project; provided the CONTRACTOR has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. (h) Line and Grade: The ENGINEER will furnish control benchmarks for the construction of the Work. The CONTRACTOR shall use the control benchmarks and data shown on the drawings. No construction staking will be provided by the ENGINEER or owner for this project. Any restaking, and all construction staking, required shall be at the sole cost of the CONTRACTOR. (i) Right of Way and Easements: The OWNER will obtain all necessary right of ways and easements required for the completion of the Work. No work shall be undertaken on nor shall men, tools, equipment, or other supplies occupy any ground outside right of ways and easements. If Contractor wants to work outside right of ways and easements and is able to make an agreement with the Property Owner, then the agreement should be documented and signed by the Property Owner and CONTRACTOR with a copy submitted to the OWNER before work off the easement commences. The OWNER will obtain permits and/or license agreements necessary for work to be performed on right of ways or easements owned by other agencies including, Item 13 DECORATIVE MONUMENT SIGNS PAGE 38 but not limited to, the Texas Departments of Transportation, North Texas Tollway Authority, BNSF Railway, and utility companies. The CONTRACTOR shall comply with the conditions of these permits and/or license agreements as if they were a part of the Contract Documents. (j) Existing Utilities and Structures: The location of existing utilities shown on the plans are based on the interpretation of the best available information and are not warranted by the OWNER or ENGINEER. It shall be the responsibility of the CONTRACTOR to verify and/or locate the various locations of pertinent utilities prior to or during construction. If any utility or irrigation system is broken by the Contractor, it shall be the responsibility of the CONTRACTOR to repair, at his own expense, the damaged line and restore it to its functional use. (k) Right of Entry: The OWNER reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said OWNER may desire. The CONTRACTOR shall conduct his work so as not to impede unnecessarily any work being done by others on or adjacent to the site. (l) Collateral Contracts: The OWNER agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work or damage said CONTRACTOR, except where such delays are specifically mentioned elsewhere in the Contract Documents. (m) Objections and Determinations: The ENGINEER shall determine all claims disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the work or the interpretation of the Contract Documents. The ENGINEER'S decision shall be rendered in writing within a reasonable time and shall be binding. (n) Owner-Engineer Relationship: The duties, responsibilities and limitations of authority of the ENGINEER during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the OWNER and ENGINEER. The ENGINEER will advise and consult with the OWNER, and OWNER'S instructions to the CONTRACTOR may be issued through the ENGINEER as if they were issued by the OWNER directly. GC.04 CONTRACTOR RESPONSIBILITIES: (a) Contractor Independence: The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Contract Documents. (b) Assignment and Subletting: The CONTRACTOR agrees that he will retain personal control and will give his personal attention to the fulfillment of this Item 13 DECORATIVE MONUMENT SIGNS PAGE 39 contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the OWNER or ENGINEER, and that no part or feature of the work will be sublet to anyone objectionable to the ENGINEER or the OWNER. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as provided by this Agreement. (c) Contractor’s Understanding: It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the OWNER or ENGINEER, either before or after the execution of this contact, shall affect or modify any of the terms or obligations herein contained. (d) Duty of Contractor: The CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction (e) Supervision by Contractor: The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. (f) Character of Workmen: The CONTRACTOR agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the OWNER or ENGINEER shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the OWNER’S or ENGINEER'S written consent. (g) Contractor’s Buildings: The building of structures or the erection of tents or other forms of protection will be permitted only for use as temporary office space or for storage of materials, equipment, and supplies and only at such places as the OWNER or ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory Item 13 DECORATIVE MONUMENT SIGNS PAGE 40 to the OWNER or ENGINEER. At no time shall employees or agents of the CONTRACTOR occupy such facilities except in conjunction with performance of the Work. (h) Protection of Site: The Contractor shall protect all structures, walks, pipe lines, trees, shrubbery, lawns and other improvements during the progress of his work and shall remove from the site all debris and unused materials. (i) Sanitation: Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the OWNER or ENGINEER, and their use shall be strictly enforced. (j) Equipment, Materials, and Construction Plant: The CONTRACTOR shall be responsible for the care, preservation, conservation, protection and replacement of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, or whether OWNER has taken possession of completed portions of such work, until the entire work is completed and accepted. (k) Losses from Natural Causes: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. GC.05 PROTECTION OF PERSONS AND PROPERTY: (a) Protection Against Claims: If any person files a claim against the OWNER, OWNER’s Agent or CONTRACTOR for personal injury or property damage resulting from, arising out of, or caused by, the operations of the CONTRACTOR, or any Work within the limits of the Project, the CONTRACTOR must either submit to the OWNER a duly executed full release within thirty (30) calendar days from the date of written claim, or immediately report the claim to his liability insurance carrier for their action in adjusting the claim. If the CONTRACTOR fails to comply with this provision within the stipulated time limit, it will be automatically deemed that the CONTRACTOR has appointed the OWNER as its irrevocable Attorney In Fact authorizing the OWNER to report the claim directly with the CONTRACTOR’s liability insurance carrier. This provision is in and of itself a Power of Attorney from the CONTRACTOR to the OWNER, which authorizes the OWNER to take said action on behalf of the CONTRACTOR without the necessity of the execution of any other document. If the CONTRACTOR fails to comply with the provisions of this item, the OWNER, at its own discretion, may terminate this contract or take any other actions it deems appropriate. Any payment or portion thereof due the CONTRACTOR, whether it is a final payment, progress payment, payment out of retainage or refund payment may be withheld by the OWNER. Bankruptcy, insolvency or denial of liability by the CONTRACTOR’s insurance carrier shall not exonerate the CONTRACTOR from liability. Item 13 DECORATIVE MONUMENT SIGNS PAGE 41 As a result of the additional work created to OWNER due to non-response of claims for damages by CONTRACTOR to third parties, CONTRACTOR shall incur penalties for failure to abide by this Special Condition. The CONTRACTOR shall respond to the claimant in writing regarding the status of the claim, including whether CONTRACTOR disputes the claim, wishes to settle, or will notify its liability insurance carrier regarding the claim. CONTRACTOR will be assessed a penalty by OWNER of $75.00 per claim, for its failure to respond to the claimant as described above within thirty (30) calendar days of its written notice of claim by the City. To ensure CONTRACTOR compliance, the OWNER shall be notified, by copied correspondence of responses or settlement by CONTRACTOR. (b) Protection Against Accidents to Employees and the Public: The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at his discretion as an independent contractor. (c) Protection of Adjoining Property: The CONTRACTOR shall take proper means to communicate with the adjacent or adjoining property owners and protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. (d) Protection Against Royalties or Patented Invention: The CONTRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the patentee or owner. (e) Threats to Persons or Property: The CONTRACTOR shall respond promptly to any imminent threat to persons or property arising from or in relation to performance of the Work. Failure to promptly correct any threat to persons or property may result in a temporary suspension of work until such time as the threat is resolved. GC.06 PROSECUTION AND PROGRESS: (a) Time and Order of Completion: It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be Item 13 DECORATIVE MONUMENT SIGNS PAGE 42 allowed to prosecute his work in such manner as shall be most conducive to economy of construction; provided however, that the order and the time of prosecution shall be such that the work shall be Substantially Completed as a whole and in part in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided, also, that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. The CONTRACTOR shall submit prior to beginning work, with each pay estimate, and at other such times as may reasonably be requested by the OWNER or ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. (b) Working Hours: Permissible working hours are 7:00 AM to 7:00 PM Monday through Saturday, excluding holidays. Working hours are enforced by the Town of Prosper Police Department. Any variance to these working hours must be requested by the CONTRACTOR in writing at least two weeks in advance and will require approval from the OWNER upon positive recommendation of the ENGINEER. (c) Extension of Time: Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of the OWNER or ENGINEER, or of any employee of either, or by other contractors employed by the OWNER, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or uncontrollable cause or causes beyond the CONTRACTOR'S control, and the OWNER and ENGINEER decides such cause justifies the delay, then an extension of time sufficient to compensate for the delay as determined by the OWNER or ENGINEER shall be allowed for completing the work; provided, however, that the CONTRACTOR shall give the OWNER or ENGINEER prompt notice in writing of the cause of such delay. (d) Hindrances and Delays: No claims shall be made by the CONTRACTOR for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of the OWNER) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the OWNER, then such expense as in the judgment of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR. (e) Liquidated Damages: The time of completion is of the essence for this Contract. For each day that any work shall remain uncompleted after the time specified in the Contract or in an executed Change Order, including milestone completion dates, substantial completion, and final completion, the OWNER may deduct the following sum from monies due to the CONTRACTOR for each day the work remains uncompleted: GC.07 Item 13 DECORATIVE MONUMENT SIGNS PAGE 43 Amount of Contract Amount of Liquidated Damages Less than $50,000 $100 per day $50,000 to $100,000 $150 per day $100,000 to $500,000 $200 per day $500,000 to $1,000,000 $250 per day $1,000,000 to $5,000,000 $500 per day Greater than $5,000,000 $750 per day GC.08 CONTROL OF WORK AND MATERIAL: (a) Shop Drawings and Submittals: The CONTRACTOR shall submit to the OWNER or ENGINEER, with such promptness as to cause no delay in his own work or in that of any other contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the OWNER or ENGINEER shall pass upon them with reasonable promptness, noting desired corrections. The CONTRACTOR shall make any corrections required by the OWNER or ENGINEER, file with him two corrected copies and furnish such other copies as may be needed. The OWNER’S or ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called the OWNER’S or ENGINEER'S attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the OWNER or ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the OWNER or ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. (b) Temporary Traffic Control: Where the Work is carried on, in or adjacent to any road, alley, sidewalk, trail, or other public space, the CONTRACTOR shall at his own cost and expense furnish, erect and maintain temporary traffic control devices and shall take such other precautionary measures for the protection of persons or property and of the Work as are necessary. A sufficient number and arrangement of temporary traffic control devices shall be erected to keep vehicles and persons from entering on or into any work under construction. The CONTRACTOR's responsibility for the maintenance of barricades, signs and lights, and for providing watchmen, shall not cease until the project has been accepted by the Owner. Item 13 DECORATIVE MONUMENT SIGNS PAGE 44 All temporary traffic control devices shall be clearly visible at all times of day and night. Signs and barricades shall constructed of retro-reflective sheeting, and cones and other channelizing devices shall have retro-reflective banding. All temporary traffic control devices shall comply with and have the meanings prescribed by the Texas Manual of Uniform Traffic Control Devices. The Contractor shall at all times coordinate the closing of any section of road, alley, sidewalk, trail, or other public space with the OWNER or ENGINEER. When such a closing is anticipated to have a duration longer than one (1) hour, the CONTRACTOR shall submit a traffic control plan at least 72 hours in advance to the OWNER or ENGINEER for review and approval. The CONTRACTOR shall be held responsible for all damage to the Work due to failure of barricades, signs, to protect it, and whenever evidence is found of such damage, the OWNER or ENGINEER may order the damaged portion immediately removed and replaced by the CONTRACTOR at his cost and expense. (c) Public Convenience: Materials stored about the Work shall be so placed, and the Work shall at all times to be so conducted, as to cause no greater obstruction to the traveling public than is considered necessary by the OWNER. The CONTRACTOR shall make provisions at all roads, alleys, sidewalks, trails, and private driveways for the free passage of pedestrians and vehicles provided that where free passage is impractical or unnecessary in the opinion of the OWNER, the CONTRACTOR may make arrangements satisfactory to the OWNER for the diversion of traffic and shall, at his own expense, provide all material and perform all work necessary for the construction and maintenance of such diversions. The materials excavated, and the construction materials or plant used in the construction of the Work, shall be placed so as not to endanger the Work or prevent free access to all public and private utilities and related appurtenances. The OWNER reserves the right to remedy any neglect on the part of the CONTRACTOR as regards to the public convenience and safety which may come to its attention after twenty-four (24) hours notice in writing the CONTRACTOR, save in cases of emergency, when it shall have the right to remedy any neglect without notice; and in either case, the cost of such work done by the OWNER shall be deducted from monies due or to become due to the Contractor. (d) Testing of Materials: Testing and inspection of materials required by the specifications shall be performed by a commercial testing laboratory selected by the CONTRACTOR and approved by the OWNER. Except as otherwise noted, the costs of laboratory tests will be paid by the CONTRACTOR, including any materials or specimens for testing. Any testing of material or workmanship required due to failure will be paid for by the CONTRACTOR. This payment will be made direct to the testing laboratory by the CONTRACTOR. The CONTRACTOR shall furnish at his own expense, suitable evidence that the materials he proposes to incorporate into the work are in accordance with the specifications. Mill tests for reinforcing steel and cement will be acceptable if it is definite that the test sheets apply to the material being furnished. Manufacturer's Item 13 DECORATIVE MONUMENT SIGNS PAGE 45 or supplier's test results will be acceptable for such items as pipe, valves, hydrants when it is definite that the material being furnished is in accordance with the manufacturer's or supplier's specifications to which the test results apply. Supplier's evidence of quality and gradation of asphaltic material will be acceptable as long as the material is secured from the sources to which the evidence applies. Should the CONTRACTOR fail to provide the above information, or should the validity of the above information be called into question, the OWNER shall have the right to require tests to be made by the OWNER's laboratory to obtain this information and the cost therefore shall be borne by the CONTRACTOR or deducted from monies owed by the OWNER to the CONTRACTOR. (e) Trench Excavation Protection: It is the sole duty, responsibility, and prerogative of the CONTRACTOR, not the OWNER or ENGINEER, to determine the specific applicability of a trench safety system to each field condition encountered on the project as required by Part 1926, Sub-part P-Excavations, Trenching, and Shoring of the Occupational Safety and Health Administration's Standards and Interpretations. It will be the Contractor's responsibility to identify the soil type and to accurately adjust his trench safety methods according to the OSHA requirements. (f) Explosives: The use of explosives shall not be permitted. GC.09 INSPECTION AND ACCEPTANCE: (a) Inspection of Work: Inspection will be performed by representatives of the OWNER, ENGINEER, other reviewing agencies, and their designees. It is the intent of the OWNER to inspect all work on this project. The CONTRACTOR is responsible for verifying with the OWNER, ENGINEER, or other reviewing agencies when an inspector is and is not required. The CONTRACTOR shall furnish the OWNER, ENGINEER, other reviewing agencies, and their designees reasonable access and facilities for inspecting the Work and determining whether or not the Work is in accordance with the Contract Documents The CONTRACTOR shall be responsible for all costs associated with verifying the acceptability of work completed without proper inspection, as directed by the OWNER, ENGINEER, or other reviewing agency. If deemed to be unacceptable, the work may be ordered removed at the CONTRACTOR's expense. (b) Inspection Overtime: The OWNER and ENGINEER will provide inspection staff on weekdays between 8:00 AM and 5:00 PM. Inspection performed outside these hours or on weekends or holidays may be subject to an inspection overtime fee determined by the OWNER and ENGINEER. The CONTRACTOR is responsible for determining inspection overtime rules of other reviewing agencies. (c) Use of Completed Portions: The OWNER shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired. Such taking possession and use shall not be deemed an Item 13 DECORATIVE MONUMENT SIGNS PAGE 46 acceptance of any work not completed in accordance with the Contract Documents, nor shall the risk of loss change from CONTRACTOR to OWNER. If such prior use increases the cost of or delays the work, the CONTRACTOR shall be entitled to such extra compensation, or extension of time, or both, as the OWNER or ENGINEER may determine. (d) Defects and their Remedies: If the Work or any portion thereof, or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the OWNER or ENGINEER as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thereof from the OWNER or ENGINEER, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. (e) Preliminary Final Inspection: Upon substantial completion of the Work, the CONTRACTOR shall request a preliminary final inspection of the Work by representatives of the OWNER, ENGINEER, and other reviewing agencies. The OWNER or ENGINEER will provide written notice of any defects to the CONTRACTOR and the CONTRACTOR shall promptly remedy such defects in accordance with the Contract Documents. (f) Final Inspection: Upon completion of all items identified on the punch list, the CONTRACTOR shall request a final inspection of the Work by representatives of the OWNER, ENGINEER, and other reviewing agencies. If additional defects are noted, the CONTRACTOR shall promptly remedy such defects and repeat this process. If the Work is found to be acceptable, the OWNER or ENGINEER will provide written notice of Completion of the Work to the CONTRACTOR. (g) Acceptance: Upon Completion, the CONTRACTOR shall submit to the OWNER or ENGINEER such documentation as is necessary to insure that the work has been completed, subcontractors and suppliers have been paid, any claims received have been settled, and other documentation as required by the OWNER or ENGINEER. If the documentation is found to be acceptable, the OWNER or ENGINEER will issue a written notice of Acceptance of the Work to the CONTRACTOR. GC.10 MEASUREMENT AND PAYMENT: (a) Estimated Quantities: The quantities of each item on the bid proposal blank represent the approximate amount of work to be done. Final quantities actually built will be determined and paid for by actual measurements on the ground of the final work completed. Bidders are especially notified that no incidental items of work will be paid for unless there appears an item in the proposal blank for such work. It must be strictly understood that the prices bid are for complete and acceptable work. (b) Measurement: Quantities of individual items of work shall be based on the final, in-place quantity of the item of work, measured or computed using the units specified in the Proposal. Where a discrepancy in measured or computed quantities occurs among the OWNER, ENGINEER, and CONTRACTOR, the Item 13 DECORATIVE MONUMENT SIGNS PAGE 47 parties attempt to reconcile the discrepancy. If no reconciliation is possible, the determination of the ENGINEER shall be used. (c) Progress Payments: As close as practical to the end of each month in which work has been performed, the CONTRACTOR shall prepare and submit to the OWNER an application for payment showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day immediately preceding the date of such application and the value of all sound materials delivered on the site of the work that are to be fabricated into the work. The OWNER'S REPRESENTATIVE and/or ENGINEER shall promptly review CONTRACTOR'S application for payment, shall either approve or modify the total value of the work done by CONTRACTOR and the value of materials delivered on the site, and shall submit to OWNER such application for payment as approved or modified with OWNER’S REPRESENTATIVE'S and/or ENGINEER'S recommendation affixed thereto within ten (10) business days following the receipt of the application from CONTRACTOR. The OWNER shall pay the CONTRACTOR within thirty (30) days following receipt of the application from CONTRACTOR, less any amount held for retainage or outstanding claims or defective work. (d) Payment Withheld: The OWNER may withhold any payment otherwise due to the CONTRACTOR. The amount of any withheld payment shall be as necessary to protect the OWNER's interest in the following circumstances: (i) unsatisfactory progress of the Work within the CONTRACTOR's control; (ii) reasonable doubt that the Work can be completed for the unpaid balance; (iii) failure of the CONTRACTOR to carry out orders of the OWNER; (iv) defective work not remedied; (v) the filing of a claim against the CONTRACTOR or reasonable evidence that a claim will be filled against the CONTRACTOR; (vi) failure of the CONTRACTOR to make payment to subcontractors or suppliers for material and labor used in performance of the Work; (vii) unsafe working conditions or threats to persons or property allowed to persist by the CONTRACTOR; (viii) failure of the CONTRACTOR to provide work schedules, invoices, or other records requested by the OWNER; (ix) use of subcontractors without the consent of the ENGINEER or OWNER; (x) or, failure of the CONTRACTOR to keep current redline as-built drawings at the job site or to turn redline as-built drawings over to the OWNER. GC.11 EXTRA WORK AND CLAIMS: (a) Change Orders: Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by written Change Order prepared by the OWNER for execution by the CONTRACTOR. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. Item 13 DECORATIVE MONUMENT SIGNS PAGE 48 In the event the CONTRACTOR shall refuse to execute a Change Order which has been prepared by the OWNER, the OWNER may in writing instruct the CONTRACTOR to proceed with the work as set forth in the Change Order and the CONTRACTOR may make claim against the OWNER for Extra Work involved therein, as hereinafter provided. (b) Minor Changes: The OWNER or ENGINEER may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the CONTRACTOR believes that any minor change or alteration authorized by the OWNER or ENGINEER involves Extra Work and entitles him to an increase in the Contract Price, the CONTRACTOR shall make written request to the OWNER or ENGINEER for a written Field Order. Any request by the CONTRACTOR for a change in Contract Price shall be made in writing in accordance with the provisions of this section prior to beginning the work covered by the proposed change. (c) Extra Work: It is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by one or more of the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the CONTRACTOR of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the OWNER, or by them agreed to. The OWNER or ENGINEER may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the OWNER or ENGINEER. The OWNER or ENGINEER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 percent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Item 13 DECORATIVE MONUMENT SIGNS PAGE 49 Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the written Change Order. The fifteen percent (15%) of the "actual field cost" to be paid the CONTRACTOR shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined; save that where the CONTRACTOR'S Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the OWNER or ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the OWNER or ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefore, and the OWNER or ENGINEER insists upon its performance, the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The CONTRACTOR will thereby preserve the right to submit the matter of payment to a court of general jurisdiction to decide the matter, otherwise the CONTRACTOR shall waive all claims for payment for Extra Work. GC.12 CONTRACT TERMINATION (a) Abandonment by CONTRACTOR: In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the OWNER or ENGINEER, or if the CONTRACTOR fails to comply with the orders of the OWNER or ENGINEER, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment, the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the OWNER or the Surety on the performance bond, or another contractor in completion of the work; and the CONTRACTOR shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners: Item 13 DECORATIVE MONUMENT SIGNS PAGE 50 The OWNER may employ such force of men and use such machinery, equipment, tools, materials and supplies as said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such excess to the OWNER; or The OWNER under sealed bids, after five (5) days notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In the case of any increase in cost to the OWNER under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the CONTRACTOR and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this contract, the CONTRACTOR and/his Surety shall be credited therewith. When the work shall have been substantially completed the CONTRACTOR and his Surety shall be so notified and Certificates of Completion and Acceptance shall be issued. A complete itemized statement of the contract accounts, certified to by the OWNER or ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his Surety, or the OWNER as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. After final completion of the work and in the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over the CONTRACTOR and/or his Surety. Should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount due the OWNER within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from Item 13 DECORATIVE MONUMENT SIGNS PAGE 51 the date of said notice the OWNER may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the CONTRACTOR or his Surety, to their proper owners. (b) Abandonment by OWNER: In case the OWNER shall fail to comply with the terms of this contract within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the CONTRACTOR and have not been wrought into the work. Thereupon the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the items of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement and shall certify same to the OWNER who shall pay to the CONTRACTOR on or before thirty (30) days after the date of delivery to OWNER of such certified final statement. (c) Termination of Contract in Case of National Emergency: Whenever, because of a national emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, material and equipment for the prosecution of the work with reasonable continuity for a period of two (2) months, the Contractor shall within seven (7) days notify the Owner in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, material and equipment not obtainable. If, after investigation, the Owner finds that such conditions exist and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contract, then if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials, and equipment within thirty (30) days, the Contractor may request the Owner to terminate the contract and the Owner shall within thirty (30) days comply with the request, and the termination shall be based on a final settlement, which shall include, but not be limited to, the payment for all work executed. Item 13 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 – August 11, 2015 Agenda Item: Discussion on proposed amendments to the Zoning Ordinance regarding permitted land uses. Description of Agenda Item/Background: During the May 12, 2015 Town Council meeting, staff provided a briefing regarding numerous land uses in the Zoning Ordinance which should be re-evaluated in terms of the appropriateness of the use being permitted by right or permitted upon approval of a Specific Use Permit (SUP). Staff also noted several antiquated land use terms that may need to be amended or removed from the Zoning Ordinance. The Town Council provided direction to proceed with the amendments but requested that another discussion be held to review the proposed changes prior to initiating the Public Hearings. The following is a draft list of proposed land use chart amendments. Use Comments Proposed Amendment 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. Permit the use only by right in the Industrial District. 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. Per a recommendation from the Town Attorney, these businesses should be regulated in Chapter 4, Business Regulations of the Town’s Code of Ordinances. The ordinance can contain criteria for the definition, registration, operation and location/minimum spacing of the businesses. Prosper is a place where everyone matters. PLANNING Item 14 Page 2 of 4 Use Comments Proposed Amendment Auto Repair, Major Permitted by right in the Commercial and Industrial Districts and by SUP in the Downtown Commercial District. Permit by right in the Industrial District and require SUP in the Commercial District to determine appropriateness of the use. Remove ability to request SUP in the Downtown Commercial District. Outside Display, Incidental This use is not listed in the Zoning Ordinance. Permit by SUP in non- residential districts, with the exception of the Office, and Downtown Office Districts. 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 unsightly. The Town cannot prohibit the use, but it is recommended to establish reasonable conditional development standards for the placement and operation of the donation boxes. 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, this use is not appropriate along the Town’s primary highways and thoroughfares. Permit by right in the Industrial District and require SUP in the Commercial District. 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, this use is not appropriate along the Town’s primary highways and thoroughfares. Permit by right in the Industrial District and require SUP in the Commercial District. Car Wash, Self- Serve Permitted by right in the Commercial and Industrial Districts. Due to the noise-generating nature, the use should be evaluated by an SUP in the Commercial District. Permit by right in the Industrial District and require SUP in the Commercial District. Motels These facilities are served by outside corridors and permitted by right with minimal conditional development standards in the Downtown Commercial, Commercial and Commercial Corridor Districts. Permit by SUP in addition to conditional development standards in the Downtown Commercial, Commercial and Commercial Corridor Districts. Item 14 Page 3 of 4 Use Comments Proposed Amendment Residence Hotel These extended stay facilities have demonstrated the tendency to become long term transient housing. Permitted by right with minimal conditional development standards in the Commercial and Commercial Corridor Districts and restricted to Preston Road, US 380 and DNT. Permit by SUP in addition to conditional development standards in the Downtown Commercial, Commercial and Commercial Corridor Districts. Automobile Storage Permitted by right in the Commercial, Commercial Corridor and Industrial Districts. Due to the open storage, this use may not be appropriate along the Town’s primary highways and thoroughfares. Permit by right in the Industrial District and require SUP in the Commercial District. General Manufacturing/ Industrial Use Permitted by right in the Commercial, Commercial Corridor and Industrial Districts. Due to the industrial nature, the use may not be appropriate in the Commercial and Commercial Corridor Districts. Permit by right in the Industrial District and require SUP in the Commercial and Commercial Corridor Districts. Flea Market, Inside Permitted by right in the Commercial District. Require SUP in the Commercial District. Flea Market, Outside Permitted by SUP in the Commercial District. Due to the nature of the use, it is not appropriate in Prosper. Delete as a permitted use. 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, the use may not be appropriate in certain locations. Permit by right in the Industrial District and require SUP in the Commercial District. 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. Require SUP in the Townhome and Multifamily Districts to regulate as an age-restricted development. 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 Districts since hospitals are permitted in these districts. Require SUP in the Office, Retail, Commercial, Commercial Corridor and Industrial Districts. (Landscape) Nursery, Major Permitted by right in the Commercial and Commercial Corridor Districts. Due to the nature of the outdoor facilities, the use may not be appropriate in certain locations. Require SUP in the Commercial and Commercial Corridor Districts. Item 14 Page 4 of 4 Use Comments 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. Reclassify as a “Meeting/Banquet Facility” and require SUP in the Retail, Downtown Commercial, Commercial and Commercial Corridor 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. Permit by right in all non- residential districts except for the Office and Downtown Office Districts. Gunsmith Antiquated term. Delete the term since it can be considered as a retail establishment. Household Appliance Service and Repair Antiquated term. Reclassify as “Repair Service, Indoor,” and permit by right in all non-residential districts except for Office and Downtown Office Districts. New definition would prohibit engine repair. Mortuary Funeral Parlor Permitted by right in the Downtown Commercial, Commercial, Commercial Corridor and Industrial Districts. It is implied that that the use does not permit an on-site crematory. Amend as conditional use in the same districts and require an SUP for cremation services. Restaurant or Cafeteria “Cafeteria” is an antiquated term. A “Luby’s” or “Furr’s” is considered a restaurant. Amend term to read, “Restaurant.” Bottling Works Antiquated term. An operation that bottles beverages can be accommodated as a “General Manufacturing/Industrial Use.” Delete the term. Auto-related Uses and Restaurants with Drive-thru or Drive-in Services The “Development Requirements” of the Zoning Ordinance require that buildings and equipment associated with these uses be a minimum of 200 feet from a residential district. This requirement is often overlooked by the development community in their research of the Zoning Ordinance. Note this requirement as a conditional use in the Use Chart. No change regarding the permitted districts. Town Staff Recommendation: Town staff requests that the Town Council provide input on the proposed amendments. Item 14 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 – August 11, 2015 Agenda Item: Discussion on proposed amendments to the Fence Ordinance. Description of Agenda Item/Background: Staff has received a request to consider an alternative fence material that does not meet the criteria of the Fence Ordinance as currently adopted. A Prosper resident desires to construct a low, solid stone wall in front of their home near the front property line. A fence is defined as, “Any construction or hedge of any material, the purpose of which is to provide protection from intrusion (either physical or visual) to prevent escape, mark a boundary, or provide decoration. A wall shall be considered a fence. Restraining walls for the purpose of diverting water and retaining soil are not classified as a fence.” The ordinance requires that any fence located in the required front yard of a lot in a residential zoning district shall have a minimum of fifty percent (50%) through vision. Therefore, unless it is used as a retaining wall, a low stone or brick wall, regardless of the height in the front yard, is not permitted. Permitted Not Permitted Prosper is a place where everyone matters. PLANNING Item 15 Page 2 of 3 The 50% “though vision” is intended to prohibit walled in compound-type homes as viewed from the street as pictured below. However, with the 50% through vision provision, there is nothing to prevent a vinyl coated chain link fence in front of a home. Should the Town Council desire to consider low walls in the front yard, there appears to be two options. Item 15 Page 3 of 3 1. Amend the Fence Ordinance to allow certain walls in the front yard by right with standards. Many communities allow solid walls not exceeding three feet in height in the front yard. In addition to a maximum height, other standards could include, a. Solid walls/fences shall be constructed of clay fired brick, natural stone or manufactured stone; b. any type of concrete block, split faced concrete block or stucco material is prohibited; c. the solid wall shall be architecturally compatibility with main dwelling; and d. the masonry material shall not be painted. 2. Amend the Fence Ordinance to consider certain walls in the front yard on a case-by-case basis. The above-reference standards would be included in the ordinance to provide guidelines for considering requests. Town Staff Recommendation: Town staff requests that the Town Council provide input on whether to pursue a formal amendment to the fence ordinance and provisions of the ordinance. Item 15