06.25.19 Town Council Regular Meeting PacketPage 1 of 4
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Prosper is a place where everyone matters.
JOINT MEETING OF THE PROSPER TOWN COUNCIL AND THE PROSPER ECONOMIC
DEVELOPMENT CORPORATION
1. Call to Order/Roll Call.
2. Legislative Update. (RD)
3. Adjourn.
THE REGULAR TOWN COUNCIL MEETING WILL CONVENE IN COUNCIL CHAMBERS
IMMEDIATELY FOLLOWING THE JOINT MEETING OF THE PROSPER TOWN COUNCIL
AND THE PROSPER ECONOMIC DEVELOPMENT CORPORATION.
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. Presentations.
• Administration of Oath-of-Office and Presentation of Certificate of Election. (RB)
• Recognition of participants in the Prosper 100-Mile Challenge. (DR)
• Presentation of Certificates of Recognition to Officer Seanna Arrendondo and
Sergeant Paul Boothe of the Prosper Police Department, and recognition of all Police
and Fire personnel involved in the incidents. (DK)
5. CONSENT AGENDA:
Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may
be removed from the Consent Agenda by the request of Council Members or staff.
5a. Consider and act upon minutes from the following Town Council meeting. (RB)
• Regular Meeting – June 11, 2019
• Special Called Meeting – June 17, 2019
5b. Receive the April Financial Report (KN)
AGENDA
Joint Meeting of the
Prosper Town Council and the
Prosper Economic Development Corporation
Board of Directors
and
Regular Meeting of the
Prosper Town Council
Council Chambers
Prosper Town Hall
200 S. Main Street, Prosper, Texas
Tuesday, June 25, 2019
5:45 p.m.
Page 2 of 4
5c. Consider and act upon approving a Microsoft Enterprise Agreement, from SHI
Government Solutions, Inc., through a Texas Department of Information
Resources (DIR) Purchasing Contract; and authorizing the Town Manager to
execute all related documents for the same. (LJ)
5d. Consider and act upon a resolution authorizing the placement of orders for the
purchase of replacement vehicles in FY 2019-2020 to realize current incentives
related to said purchase with payment to be made from the Town’s Vehicle
Equipment and Replacement Fund (VERF) in FY 2019-2020. (KN)
5e. Consider and act upon an ordinance amending Section I, “Construction Permits
and Fees,” of Appendix A, “Fee Schedule,” of the Town’s Code of Ordinances
regarding certain residential permit fees. (TW)
5f. Consider and act upon an ordinance abandoning a segment of Second Street
right-of-way, located between Main Street and Crockett Street. (AG)
5g. 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)
6. CITIZEN COMMENTS:
The public is invited to address the Council on any topic. However, the Council is
unable to discuss or take action on any topic not listed on this agenda. Please
complete a “Public Meeting Appearance Card” and present it to the Town Secretary
prior to the meeting.
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.
ITEMS FOR INDIVIDUAL CONSIDERATION:
7. Conduct a Public Hearing, and consider and act upon an ordinance amending the Old
Town Insert Map of the Future Land Use Plan, from Old Town Single Family to Old Town
Office, generally located on the east side of Coleman Street, between Second Street and
north of Third Street. (CA19-0003). [Companion Case Z19-0009] (AG)
8. Conduct a Public Hearing, and consider and act upon an ordinance rezoning 0.3± acres
from Single Family-15 (SF-15) to Downtown Office (DTO), located on the southeast corner
of Third Street and Coleman Street. (Z19-0009). [Companion Case CA19-0003] (AG)
9. Conduct a Public Hearing, and consider and act upon an ordinance amending Chapter 3,
“Permitted Uses and Definitions,” of the Town’s Zoning Ordinance regarding Farmer’s
Markets. (Z19-0008). (AG)
Page 3 of 4
10. Consider and act upon all matters incident and related to the issuance and sale of the
Town of Prosper, Texas, General Obligation Bonds, Series 2019, including the adoption
of an ordinance authorizing the issuance of such Bonds, approving an Official Statement,
a Paying Agent/Registrar Agreement and an engagement letter of Bond Counsel. (KN)
11. Consider and act upon all matters incident and related to the issuance and sale of the
Town of Prosper, Texas, Combination Tax and Revenue Certificates of Obligation, Series
2019, including the adoption of an ordinance authorizing the issuance of such Certificates,
approving an Official Statement, a Paying Agent/Registrar Agreement and an
engagement letter of Bond Counsel. (KN)
12. Discussion regarding design standards for Network Nodes. (AG)
13. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town
Attorney to bring a condemnation action for the purpose of obtaining approximately 1.222
acres of Right-of-Way and 0.483 acres of Temporary Construction Easement situated in
the L. Netherly Survey, Abstract No. 962, Town of Prosper, Denton County, Texas,
necessary for the construction of the Fishtrap Road/Teel Parkway Intersection
Improvements project and for other public purposes permitted by law. (PA)
14. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town
Attorney to bring a condemnation action for the purpose of obtaining approximately 1.432
acres of Right-of-Way, 0.476 acres of Temporary Construction Easement, and 1.661
acres of Slope Easement situated in the B. Hodges Survey, Abstract No. 593, J. Morton
Survey, Abstract No. 793, and J. Kennedy Survey, Abstract No. 1688, Town of Prosper,
Denton County, Texas, necessary for the construction of the West Prosper Road
Improvements, Phase 3 (Segment E) project and for other public purposes permitted by
law. (PA)
15. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town
Attorney to bring a condemnation action for the purpose of obtaining approximately 0.309
acres of Right-of-Way, 0.311 acres of Drainage Easement, and 0.065 acres of Temporary
Construction Easement, and situated in the Spencer Rice Survey, Abstract Number 787,
Town of Prosper, Collin County, Texas, necessary for the construction of the Victory Way
(Coleman Street – Frontier Parkway) project and for other public purposes permitted by
law. (PA)
16. Consider and act upon awarding Bid No. 2019-60-B to Quality Excavation, LTD., related
to construction services for the Coleman Street Road Widening (Gorgeous – Wilson)
project; and authorizing the Town Manager to execute a construction agreement for same.
(PA)
17. 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:
17a. Section 551.087 – To discuss and consider economic development incentives.
17b. 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.
17c. Section 551.074 – To discuss and consider personnel matters and all matters
incident and related thereto.
Page 4 of 4
17d. Section 551.074 – To discuss and consider election of Mayor Pro-Tem and Deputy
Mayor Pro-Tem.
18. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
19. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Discuss Town Council Subcommittee Membership. (RB)
• Discuss Public Safety and Military Wall of Honor.
20. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall,
located at 200 S. Main Street, Prosper, Texas 75078, a place convenient and readily accessible to the
general public at all times, and said Notice was posted by 5:00 p.m., on Friday, June 21, 2019, and
remained so posted at least 72 hours before said meeting was convened.
_______________________________ _________________________
Robyn Battle, Town Secretary/PIO Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited
to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with
approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair
accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569-
1011 at least 48 hours prior to the meeting time.
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Prosper is a place where everyone matters.
AGENDA BRIEFING
1.Call to Order/Roll Call.
The meeting was called to order at 5:45 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Councilmember Marcus E. Ray
Councilmember Craig Andres
Councilmember Meigs Miller
Councilmember Jeff Hodges
Council Members Absent:
Deputy Mayor Pro-Tem Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Terry Welch, Town Attorney
Robyn Battle, Town Secretary/PIO
Alex Glushko, Planning Manager
Megan Johnson, Health/Code Supervisor
Hulon Webb, Engineering Services Director
Pete Anaya, Assistant Director of Engineering Services – Capital Projects
Frank Jaromin, Public Works Director
Chuck Springer, Executive Director of Administrative Services
Kelly Neal, Finance Director
Dudley Raymond, Parks and Recreation Director
Leslie Scott, Library Services Director
Kala Smith, Human Resources Director
Leigh Johnson, IT Director
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
2.Questions about items listed on the Regular Meeting Agenda.
Town Manager Harlan Jefferson notified the Council that staff is requesting Item 5b to be
pulled from the Consent Agenda and tabled indefinitely to allow Town staff to obtain an
updated quote from the vendor.
Regarding Item 5f, Town Attorney Terry Welch explained the purpose and distinction
between the different insurance amounts in the proposed ordinance. Police Chief
MINUTES
Agenda Briefing and Regular Meeting of the
Prosper Town Council
Prosper Town Hall
Council Chambers
200 S. Main Street
Prosper, TX 75078
Tuesday, June 11, 2019
Item 5a(i)
Page 2 of 6
Kowalski also confirmed that the wording in the ordinance has been revised to allow the
Police Department to set appropriate fees for the use of off-duty police officers.
Regarding Item 5e, Health/Code Supervisor Megan Johnson confirmed the number of
facilities the Town is responsible for inspecting. As the Town continues to grow and add
facilities, more staff resources may be needed to keep up with demand.
Regarding Item 5c, Public Works Director Frank Jaromin confirmed that the bid amount is
for a specified number of square yards of concrete. Town staff has the discretion of
choosing between the primary and secondary vendor for various concrete repair projects,
as long as the projects do not exceed the departmental budget for concrete repair.
Regarding Item 7, Hulon Webb, Engineering Services Director confirmed that the
Development Agreement only applies to property owned by First Texas Homes, Inc. Town
Manager Harlan Jefferson and Town Attorney Terry Welch discussed the calculation and
enforcement of liquidated damages with the Council.
Regarding Item 5g, Police Chief Kowalski confirmed the number of police officers
scheduled to be present at Pride in the Sky will be sufficient to monitor the event, including
the area where alcohol will be served.
3.Discussion Items:
•Discussion on Reduction of Inflow and Infiltration. (FJ)
Public Works Director Frank Jaromin briefed the Council on a proposed ordinance
which would require developers and contractors to pay a fine for causing infiltration
and inflow into the Town’s wastewater system. Mr. Jaromin provided several
examples of recent events where this occurred, and discussed options for
enforcement. The discussion was continued following Executive Session.
The Agenda Briefing was adjourned at 6:25 p.m.
THE REGULAR TOWN COUNCIL MEETING WILL CONVENE IN COUNCIL
CHAMBERS IMMEDIATELY FOLLOWING THE AGENDA BRIEFING, AT
APPROXIMATELY 6:15 P.M.
1.Call to Order/Roll Call.
The meeting was called to order at 6:27 p.m.
2.Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Retired U.S. Army Chaplain Carl Rau led the invocation. The Pledge of Allegiance and
the Pledge to the Texas Flag were recited.
3.Announcements of recent and upcoming events.
Councilmember Ray read the following announcements:
The Town of Prosper conducted a survey of residents and local businesses to determine
the accessibility, speed, and customer service levels of broadband service providers in
Item 5a(i)
Page 3 of 6
the Prosper area. The report from Connected Nation outlining the results of the survey is
available on the Town website.
Prosper’s Pride in the Sky event will take place on Wednesday, July 3, at Frontier Park
from 3:00 -11:00 p.m. The annual Independence Day event will feature live music, food
trucks, vendors, and a kid zone. Bring your blankets and lawn chairs and enjoy the
fireworks.
The Prosper Community Library has kicked off its summer “Mystery Solver” program
series. Please check the Town website or visit the Library to find about more about
mystery themed story times, activities, and events.
Registration is now open for Prosper’s summer recreation programs, sports, and activity
camps, including Drama Camp, 3D Printing, Robotics, Archery, and Tennis. Sign up at
www.ProsperParksandRec.org.
4. Presentations.
•Presentation on the Collin County Transit Program. (RB)
Anthony Cao with the McKinney Urban Transit District presented information on the
Town’s new subsidized taxi service through Collin County Transit. The service is
available to eligible Town of Prosper residents as of June 3.
•Presentation of the American Heart Association’s Mission: Lifeline EMS
Recognition to members of the Prosper Fire Rescue staff. (SB)
Kristi Esposito with the American Heart Association presented the Mission: Lifeline
award to the Town Council, Fire Chief Stuart Blasingame, Assistant Fire Chief Shaw
Eft, and Division Chief Bill Bonny in recognition of Prosper Fire Rescue’s outstanding
care of cardiac patients.
5.CONSENT AGENDA:
Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may
be removed from the Consent Agenda by the request of Council Members or
staff. Zoning-related Public Hearing items on the Consent Agenda have received a
unanimous recommendation for approval by the Planning & Zoning Commission,
and no written opposition was received prior to the posting of this agenda. Those
wishing to speak on a Public Hearing item on the Consent Agenda should complete
a “Public Meeting Appearance Card” and present it to the Town Secretary prior to
the meeting.
5a. Consider and act upon minutes from the following Town Council meeting.
(RB)
•Regular Meeting – May 28, 2019
5c. Consider and act upon awarding Bid No. 2019-53-A to Wopac Construction,
Inc. as the primary vendor, and HQS Construction, LLC as the secondary
vendor, at the unit prices bid, to establish an annual fixed-price contract for
Miscellaneous Concrete Replacement Services; and authorizing the Town
Manager to execute same. (FJ)
Item 5a(i)
Page 4 of 6
5d. Consider and act upon Resolution No. 19-35 approving the Environmental
Review Checklist for Local Projects as required by Article 11 of the “Advance
Funding Agreement for a Project Using Funds Held in the State Highway 121
Subaccount” approved by Town Council on March 13, 2018, for the
construction of the realignment and intersection improvements on FM 1385
with the new Gee Road (Fishtrap Road). (PA)
5e. Consider and act upon Ordinance No. 19-36 amending Chapter 6, “Health
and Sanitation,” of the Town’s Code of Ordinances by establishing a new
Article 6.05, “Swimming Pools and Spas,” and adopting Title 25, Texas
Administrative Code, Chapter 265. (MJ)
5f. Consider and act upon Ordinance No. 19-37 amending Section 1.09.021 of
Chapter 1, “General Provisions,” and Section 4.09.004, of Chapter 4,
“Business Regulations,” of the Town’s Code of Ordinances relative to
permits and insurance requirements for special events and temporary
outdoor seasons sales on Town property, including Town parks. (AG)
5g. Consider and act upon a request by Cedarbrook Media, LLC to sell alcoholic
beverages during the Pride in the Sky event at Frontier Park on July 3, 2019.
(AG)
5h. Consider and act upon whether to direct staff to submit a written notice of
appeal on behalf of the Town Council to the Development Services
Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the
Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning
Commission on any Site Plan or Preliminary Site Plan. (AG)
Mayor Smith removed Item 5b from the Consent Agenda.
5b. Consider and act upon approving a Microsoft Enterprise Software Agreement, from
SHI Government Solutions, Inc., through a Texas Department of Information
Resources (DIR) Purchasing Contract; and authorizing the Town Manager to
execute all related documents for the same. (LJ)
Mayor Pro-Tem Vogelsang made a motion and Councilmember Hodges seconded the
motion to table Item 5b indefinitely. The motion was approved by a vote of 6-0.
Mayor Pro-Tem Vogelsang made a motion and Councilmember Hodges seconded the
motion to approve all remaining items on the Consent Agenda. The motion was approved
by a vote of 6-0.
6.CITIZEN COMMENTS:
The public is invited to address the Council on any topic. However, the Council is
unable to discuss or take action on any topic not listed on this agenda. Please
complete a “Public Meeting Appearance Card” and present it to the Town Secretary
prior to the meeting.
Rebecca Cucovatz, 209 E. Broadway, Prosper, addressed the Council about a drainage
issue on her property. The Council asked Town staff to meet with Ms. Cucovatz to discuss
the issue on her property.
Item 5a(i)
Page 5 of 6
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.
ITEMS FOR INDIVIDUAL CONSIDERATION:
7. Consider and act upon authorizing the Town Manager to execute a Roadway
Development Agreement between First Texas Homes, Inc., and the Town of
Prosper, Texas, related to construction of Coleman Street to serve the Tanner’s Mill
development. (HW)
Hulon Webb, Engineering Services Director, presented this item before the Town Council.
First Texas Homes, Inc., is developing Tanner’s Mill and is planning on constructing the
southern half of Coleman Street in front of the Prosper High School. Since the proposed
thoroughfare is depicted on the Town of Prosper Thoroughfare Plan, the actual costs for
the design and construction of the improvements are eligible for reimbursement of
roadway fees collected from the development. The proposed Roadway Development
Agreement outlines the obligations of the Town of Prosper and First Texas Homes, Inc.,
related to the design, construction, and reimbursement of collected roadway impact fees
to fund the project.
After discussion, Councilmember Hodges made a motion and Councilmember Andres
seconded the motion to authorize the Town Manager to execute a Roadway Development
Agreement between First Texas Homes, Inc., and the Town of Prosper, Texas, related to
construction of Coleman Street to serve the Tanner’s Mill development. The motion was
approved by a vote of 6-0.
8. 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:
8a. Section 551.087 – To discuss and consider economic development
incentives.
8b. 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.
8c. Section 551.071 – Consultation with the Town Attorney regarding legal
issues associated with annexation of property, and all matters incident and
related thereto.
The Town Council recessed into Executive Session at 6:54 p.m.
9. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
Item 5a(i)
Page 6 of 6
The Town Council reconvened the Regular Session at 8:26 p.m.
Public Works Director Frank Jaromin continued his presentation from the earlier Agenda
Briefing. He confirmed that the proposed ordinance meets EPA requirements and all
appropriate water testing procedures. The proposed ordinance will be brought forward for
Council approval at a future meeting.
10. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
The Town Council discussed the possibility of state tournament finalists utilizing Town
sports fields for practice.
11. Adjourn.
The meeting was adjourned at 8:30 p.m. on Tuesday, June 11, 2019.
These minutes approved on the 25th day of June 2019.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 5a(i)
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 7:30 a.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Councilmember Marcus E. Ray
Councilmember Jeff Hodges
Council Members Absent:
Deputy Mayor Pro-Tem Jason Dixon
Councilmember Craig Andres
Councilmember Meigs Miller
2. Consider and act upon an ordinance canvassing the returns and declaring the
results of the June 8, 2019, Runoff Election. (RB)
Town Secretary/PIO Robyn Battle presented this item before the Town Council. The Town
of Prosper held a Runoff Election on June 8, 2019, between Steve Thomas and Meigs
Miller. The Collin County and Denton County Early Voting Ballot Boards have completed
their review of provisional ballots, and submitted their finals results. The final vote count
increased by one vote in favor of Meigs Miller since the unofficial results were released on
Election Day. Meigs Miller received the majority of votes cast for Place 4; therefore, he is
duly elected to Town Council Place 4.
Mayor Pro-Tem Vogelsang made a motion and Councilmember Hodges seconded the
motion to approve Ordinance No. 19-38 canvassing the returns and declaring the results
of the June 8, 2019, Runoff Election. The motion was approved by a vote of 4-0.
3. Adjourn.
The meeting was adjourned at 7:32 a.m. on Monday, June 17, 2019.
These minutes approved the 25th day of June, 2019.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
MINUTES
SPECIAL CALLED MEETING
TO CANVASS ELECTION
Prosper Town Hall
Council Chambers
200 S. Main Street
Prosper, Texas 75078
Monday, June 17, 2019
Item 5a(ii)
Prosper is a place where everyone matters.
MONTHLY FINANCIAL REPORT
as of April 30, 2019
Budgetary Basis
Prepared by
Finance Department
June 25, 2019
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
APRIL 2019
Table of Contents
Dashboard Charts 1 - 3
General Fund 4
Water-Sewer Fund 5
Debt Service Fund 6
Crime Control and Prevention Special Purpose District 7
Fire Control, Prevention, and Emergency Medical Services Special Purpose District 8
Vehicle and Equipment Replacement Fund 9
Storm Drainage Utility Fund 10
Park Dedication and Improvement Fund 11
TIRZ #1 - Blue Star 12
TIRZ #2 - Matthews Southwest 13
Water Impact Fees Fund 14
Wastewater Impact Fees Fund 15
Thoroughfare Impact Fees Fund 16
Special Revenue Fund 17
Capital Projects Fund-General 18
Capital Projects Fund-Water/Sewer 19
Detail All Funds 20
Item 5b
December sales tax was the first month Special Purpose Districts received
the 0.50% sales tax that in previous years was reported in the General Fund.
$- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000
Total Budget
YTD Budget
YTD Actual
Building Permit Revenues
0
100,000
200,000
300,000
400,000
500,000
600,000
700,000
800,000
Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept
Town of Prosper, Texas
Sales Tax Revenue by Month
FY 14/15 FY15/16 FY 16/17 FY 17/18 FY 18/19
1
Item 5b
$33.415
$19.492
$16.333
$27.877
$16.262
$22.187
$- $5 $10 $15 $20 $25 $30 $35 $40
Total Budget
YTD Budget
YTD Actual
In Millions
General Fund Revenues and Expenditures
Revenues Expenditures
$20.754
$12.106
$11.314
$20.022
$11.680
$9.436
$- $5 $10 $15 $20 $25
Total Budget
YTD Budget
YTD Actual
In Millions
Water-Sewer Fund Revenues and Expenditures
Revenues Expenditures
2
Item 5b
Prosper is a place where everyone matters.
GENERAL FUND AT A GLANCE
%% Year
Passed
Resources 58.33%
Revenues 79.59%
Other Resources-Beginning Fund Balance 100.00%
Uses 58.33%
Expenditures 48.88%
Ending Fund Balance 100.00%
Resources Over (Under) Uses
UTILITY FUNDS AT A GLANCE
%% Year
Passed
Resources 58.33%
Revenues 47.49%
Other Resources-Beginning Fund Balance 100.00%
Uses 58.33%
Expenditures 54.53%
Ending Fund Balance 100.00%
Resources Over (Under) Uses
OTHER MAJOR IMPACT FEE FUNDS AT A GLANCE
%% Year
Passed
Resources 58.33%
Revenues 61.46%
Other Resources-Beginning Fund Balance 100.00%
Uses 58.33%
Expenditures 38.88%
Ending Fund Balance 100.00%
Resources Over (Under) Uses
Category Budget YTD Actual
$27,877,145
$8,139,265
$22,187,182
$8,139,265
$0
Category Budget YTD Actual
$2,601,263$2,601,263
$16,332,769$33,415,147
$11,392,415
$20,606,853 $9,787,141
$7,831,267 $7,831,267
$21,010,686 $11,456,490
$7,427,434 $7,427,434
$0 -$1,265,516
Category Budget YTD Actual
$10,234,000 $6,289,708
$10,238,944 $10,238,944
$0 $6,857,876
$17,674,473 $6,872,305
$2,798,471 $2,798,471
Town of Prosper
Monthly Financial Report FY 2018/2019
Through the Month Ended April 2019
Unaudited -Intended for Management Purposes Only
The following is a summary of the Town's financial results for operating funds. This information is
summarized from financial statements for the monthly period that ended April 2019.
3
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 30, 2019
Expected Year to Date Percent 58.33%
GENERAL FUND
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actuals Encumbrances Budget Balance YTD Percent Note YTD Actuals Prior Year
REVENUES
Property Taxes 14,361,960$ -$ 14,361,960$ 14,316,190$ -$ 45,770$ 100%1 11,887,557$ 20%
Sales Taxes 4,460,015 - 4,460,015 3,122,934 - 1,337,081 70%3,335,366 -6%
Franchise Fees 1,425,650 - 1,425,650 740,817 - 684,833 52%2 687,919 8%
Building Permits 4,200,000 - 4,200,000 1,818,457 - 2,381,543 43%3 2,499,463 -27%
Other Licenses, Fees & Permits 1,199,159 - 1,199,159 665,668 - 533,491 56%2 802,308 -17%
Charges for Services 345,615 - 345,615 220,357 - 125,258 64%227,034 -3%
Fines & Warrants 427,224 - 427,224 286,146 - 141,078 67%279,363 2%
Intergovernmental Revenue (Grants)- - - 35,716 - (35,716) 5 18,979
Investment Income 212,194 - 212,194 198,397 - 13,797 93%114,017 74%
Transfers In 881,541 - 881,541 514,232 - 367,309 58%512,837 0%
Miscellaneous 103,887 - 103,887 139,049 - (35,162) 134%93,498 49%
Park Fees 259,900 - 259,900 129,220 - 130,680 50%2 85,787 51%
Total Revenues 27,877,145$ -$ 27,877,145$ 22,187,182$ -$ 5,689,963$ 80%20,544,127$ 8%
EXPENDITURES
Administration 6,122,012$ 1,131,293$ 7,253,305$ 4,325,703$ 274,235$ 2,653,367$ 63%4 3,937,172$ 10%
Police 4,742,276 51,690 4,793,966 2,171,080 411,490 2,211,396 54%2,660,138 -18%
Fire/EMS 7,675,378 181,095 7,856,473 3,835,556 310,415 3,710,503 53%3,597,591 7%
Public Works 3,698,019 923,411 4,621,430 1,750,164 275,621 2,595,646 44%1,848,086 -5%
Community Services 3,951,808 314,194 4,266,002 1,994,305 326,747 1,944,951 54%1,860,991 7%
Development Services 3,028,688 69,524 3,098,212 1,649,844 163,012 1,285,356 59%4 1,401,492 18%
Engineering 1,236,308 289,451 1,525,759 606,118 93,600 826,041 46%507,575 19%
Total Expenses 30,454,489$ 2,960,658$ 33,415,147$ 16,332,769$ 1,855,119$ 15,227,259$ 54%15,813,044$ 3%
REVENUE OVER (UNDER) EXPENDITURES (2,577,344)$ (2,960,658)$ (5,538,002)$ 5,854,413$ 6 4,731,083$
Beginning Fund Balance October 1-Unassigned/Unrestricted 8,139,265$ 8,139,265$ 11,852,142$
Ending Fund Balance 2,601,263$ 13,993,678$ 16,583,225$
Notes
1
2 Franchise fees and other various license and fees are paid quarterly or annually. Finance is seeing a reduction in Construction fees collected. Revenue is not tracking as strong as projected.
Park fees are seasonal and the Town should see an uptick as the season changes. Parks is estimating revenue to come in lower than budget.
3 Buillding permits issued through April compared to this time last year is down by 30% which is reflected in collected revenue reported. Finance will continue to monitor.
4
For example: Fire encumbering for the ladder truck and Administration encumbering for audit and lobbyist services. Development Services: BV contract services encumbered.
5 Grant revenue: PD STEP grant YTD $7,465.73; Fire EMPG grant YTD $27,391.33; Collin County Library Grant $858.50
6 Adopted Budget and Budget Amendments for One-Time Expenses reflects a reduction in Fund Balance Budget of $5.5M.
Public Safety Facility FFE $1,150,000
Public Safety Facility delta $1,131,293
Ladder Truck $1,650,000
Streets - ROW/Improvements $813,000
Park CIP Projects $158,194
PO Roll Forward $253,125
Fire Modular Building $104,603
Fire Railroad Monitoring $30,000
Fire CAD Service Agreement $46,492
Park Downtown Monument Signage Design Svcs $16,000
Downtown Live Event $140,000
Engineering Restructuring/Personnel $267,951
SubTotal $5,760,658
Departments encumber funds for contracts that usually reflect the entire budget. That is why we see budgets exceed 33.33% to date for encumbrances.
Property taxes are billed in October and the majority of collections occur December through February. November 30, the Town received a large current property tax deposit.
4
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 30, 2019
Expected Year to Date Percent 58.33%
WATER-SEWER FUND
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Water Charges for Services 11,780,047$ -$ 11,780,047$ 4,497,484$ -$ 7,282,563$ 38%1 4,410,985$ 2%
Sewer Charges for Services 6,271,457 - 6,271,457 3,753,053 - 2,518,404 60%2,865,784 31%
Sanitation Charges for Services 1,627,947 - 1,627,947 671,199 - 956,748 41%1 631,077 6%
Licenses, Fees & Permits 42,052 - 42,052 89,972 - (47,920) 214%66,291 36%
Water Penalties 1,850 - 1,850 850 - 1,000 46%1 725 17%
Utility Billing Penalties 99,225 - 99,225 79,456 - 19,769 80%58,300 36%
Investment Income 98,752 - 98,752 92,876 - 5,876 94%51,862 79%
Other 100,775 - 100,775 251,290 - (150,515) 249%710,738 -65%
Total Revenues 20,022,105$ -$ 20,022,105$ 9,436,180$ -$ 10,585,925$ 47%8,795,761$ 7%
EXPENDITURES
Administration 2,121,521$ 143,274$ 2,264,795$ 1,332,379$ 31,178$ 901,238$ 60%2 929,399$ 43%
Debt Service 3,493,726 - 3,493,726 1,763,321 1,724,741 5,664 100%2 1,398,536
Water Purchases 5,349,510 (25,000) 5,324,510 2,967,046 - 2,357,464$ 56%2,450,623 21%
Public Works 9,586,605 84,250 9,670,855 5,251,093 77,901 4,341,861 55%4,352,040 21%
Total Expenses 20,551,362$ 202,524$ 20,753,886$ 11,313,839$ 1,833,819$ 7,606,227$ 63%9,130,599$ 24%
REVENUE OVER (UNDER) EXPENDITURES (529,257)$ (202,524)$ (731,781)$ (1,877,659)$ (334,837)$
Beginning Working Capital October 1 7,869,816 7,869,816 9,110,072
Ending Working Capital 7,138,035$ 5,992,157$ 8,775,235$
Notes
1 Rate increases are reflected. Revenue history has shown the average cumulative through April is at 42.4%. See new stats being tracked on rainfall below. April had significant amount of rainfall.
Nov 15 through Feb 15 is wastewater averaging months. This is also why we are seeing less water revenue billed to date due to customers watching water usage that affects wastewater charge for the next year.
2
For example: Debt service payments have been encumbered for the year. Administration reflects one time capital project transfer to CIP fund.
Apr-19 Apr-18
Growth %
Average Monthly
Average
Cumulative
WATER SEWER WATER SEWER Change
# of Accts Residential 8,084 7,405 7,287 6,616 11.41%October 9.9%9.9%
# of Accts Commercial 333 247 296 222 11.97%November 7.5%17.4%
Consumption-Residential 65,267,100 47,870,052 76,247,310 46,322,081 -7.70%December 5.2%22.6%
Consumption-Commercial 11,735,950 5,361,920 10,692,950 5,174,500 7.75%January 4.4%27.0%
Average Residential Water Consumption 8,074 10,463 -22.84%February 4.4%31.4%
Billed ($) Residential $467,294.43 $487,520.70 March 4.5%35.9%
Billed ($) Commercial $102,894.53 $87,775.22 April 6.5%42.4%
Total Billed ($) $570,188.96 $486,414.67 $575,295.92 $391,113.30 9.33%May 7.2%49.6%
June 8.6%58.2%
July 12.6%70.8%
Sep-18 12.69 Sep-17 0.47 August 15.4%86.3%
Oct-18 15.66 Oct-17 2.12 September 13.7%100.0%
Nov-18 0.86 Nov-17 0.81
Dec-18 4.55 Dec-17 4.56
Jan-19 1.58 Jan-18 0.85
Feb-19 1.29 Feb-18 11.31
Mar-19 2.01 Mar-18 2.90
Apr-19 6.75 Apr-18 0.77
2nd year rate change will be reflected in November, 2018 billing
Average rainfall forApril is 3.03
Departments encumber funds for contracts that usually reflect the entire budget. That is why we see budgets exceed 63% to date for encumbrances.
Rainfall
5
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 30, 2019
Expected Year to Date Percent 58.33%
DEBT SERVICE FUND
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Property Taxes-Delinquent 168,392$ -$ 168,392$ 74,234$ -$ 94,158$ 44%1 16,522$ 349%
Property Taxes-Current 5,725,328 - 5,725,328 5,851,495 - (126,167) 102%1 4,963,591 18%
Taxes-Penalties 65,000 - 65,000 25,246 - 39,754 39%1 10,623 138%
Interest Income 40,000 - 40,000 54,896 - (14,896) 137%27,187 102%
Total Revenues 5,998,720$ -$ 5,998,720$ 6,005,871$ -$ (7,151)$ 100%5,017,923$ 20%
EXPENDITURES
Professional Services 8,400$ -$ 8,400$ -$ -$ 8,400$ 8,280$
2008 CO Bond Payment - - - - - - 558,000
2010 Tax Note Payment - - - - - - -
2011 Refunding Bond Payment - - - - - - 117,000
2012 GO Bond Payment 185,000 - 185,000 185,000 - - 100%2 -
2012 0O Bond Payment 58,650 - 58,650 58,650 - - 100%2
2013 GO Refunding Bond 160,000 - 160,000 - 160,000 - 100%2 -
Bond Administrative Fees 9,600 - 9,600 440 - 9,160 5%1,240 -65%
2014 GO Bond Payment 265,000 - 265,000 - 265,000 - 100%2 -
2015 GO Bond Payment 175,000 - 175,000 175,000 - - 100%2 170,000
2015 CO Bond Payment 60,000 - 60,000 60,000 - - 100%2 60,000
2016 GO Debt Payment 946,800 - 946,800 946,800 - - 100%2 374,100
2016 CO Debt Payment 90,000 - 90,000 90,000 - - 100%2 115,000
2017 CO Debt Payment 355,000 - 355,000 355,000 - - 100%2 575,000
2017 GO Debt Payment 35,000 - 35,000 35,000 - - 100%2 -
2018 GO Debt Payment 115,000 - 115,000 115,000 - - 100%2 -
2018 CO Debt Payment 895,000 - 895,000 895,000 - - 100%2 -
Bond Interest Expense 2,839,989 - 2,839,989 1,413,704 1,426,285 - 100%2 1,113,809
Total Expenditures 6,198,439$ -$ 6,198,439$ 4,329,594$ 1,851,285$ 17,560$ 100%3,084,149$
REVENUE OVER (UNDER) EXPENDITURES (199,719)$ -$ (199,719)$ 1,676,277$ 1,933,773$
Beginning Fund Balance October 1 2,558,230 2,558,230 2,147,248
Ending Fund Balance Current Month 2,358,511$ 4,234,507$ 4,081,021$
Notes
1
2
Property taxes are billed in October and the majority of collections occur December through February. On November 30, the Town recorded a large current property tax payment.
The Town has encumbered the annual debt service payments that are paid in February and August.
6
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 30, 2019
Expected Year to Date Percent 58.33%
CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Sales Tax - Town 1,227,504$ -$ 1,227,504$ 485,464$ -$ 742,040$ 40%1 -$
Interest Income 5,000 - 5,000 - - 5,000$ 0%1 -
Other - - - - - - -
Total Revenue 1,232,504$ -$ 1,232,504$ 485,464$ -$ 747,040$ 39%-$
EXPENDITURES
Personnel 1,149,504$ -$ 1,149,504$ 716,977$ -$ 432,527$ 62%2 -$
Other 83,000 - 83,000 48,510 30 34,460 58%2 -
Total Expenditures 1,232,504$ -$ 1,232,504$ 765,488$ 30$ 466,986$ 62%-$
REVENUE OVER (UNDER) EXPENDITURES -$ -$ -$ (280,023)$ -$
Beginning Fund Balance October 1 - - -
Ending Fund Balance Current Month -$ (280,023)$ -$
Notes
1 Both Special Purpose Districts have received two months of sales tax for the reported months of October and November. First sales tax receipt was received in December.
Due to expenditures starting October 1 for salaries and sales tax receipts did not start until December, the fund reflects a negative balance. Therefore, no interest
earnings are reflected until the fund shows a positive balance.
2 Finance will monitor expenditures as it relates to funds available. Personnel is high due to overtime expenses associated with the 12 sworn officers paid out of this district.
7
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 30, 2019
Expected Year to Date Percent 58.33%
FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SEPCIAL PURPOSE DISTRICT
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Sales Tax - Town 1,227,504$ -$ 1,227,504$ 485,704$ -$ 741,800$ 40%1 -$
Interest Income 5,000 - 5,000 - - 5,000$ 0%1 -
Other - - - - - - -
Total Revenue 1,232,504$ -$ 1,232,504$ 485,704$ -$ 746,800$ 39%-$
EXPENDITURES
Personnel 1,160,004$ -$ 1,160,004$ 749,738$ 11,000$ 399,266$ 66%2 -$
Other 72,500 - 72,500 17,866 21,372 33,262 54%2 -
Total Expenditures 1,232,504$ -$ 1,232,504$ 767,604$ 32,372$ 432,528$ 65%-$
REVENUE OVER (UNDER) EXPENDITURES -$ -$ -$ (281,900)$ -$
Beginning Fund Balance October 1 - - -
Ending Fund Balance Current Month -$ (281,900)$ -$
Notes
1 Both Special Purpose Districts have received two months of sales tax for the reported months of October and November. First sales tax receipt was received in December.
Due to expenditures starting October 1 for salaries and sales tax receipts did not start until December, the fund reflects a negative balance. Therefore, no interest
earnings are reflected until the fund shows a positive balance.
2 Finance will monitor expenditures as it relates to funds available. Personnel is high due to overtime expenses associated with the 12 firefighters paid out of this district.
8
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 30, 2019
Expected Year to Date Percent 58.33%
VEHICLE AND EQUIPMENT REPLACEMENT FUND
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Charges for Services -$ -$ -$ -$ -$ -$ -$
Other Reimbursements 20,000 - 20,000 41,411 - (21,411) 207%1 -
Interest Income 25,000 - 25,000 31,991 - (6,991) 128%12,745
Transfers In 1,597,961 - 1,597,961 960,220 - 637,742 60%3 623,103
Total Revenue 1,642,961$ -$ 1,642,961$ 1,033,621$ -$ 609,340$ 63%635,847$ 63%
EXPENDITURES
Vehicle Replacement 532,339$ 2,775$ 535,114$ 390,970$ 202,006$ (57,863)$ 111%2 217,868$
Equipment Replacement 277,336 - 277,336 292,910 - (15,574) 106%2 9,425
Technology Replacement 85,870 - 85,870 60,855 1,945 23,069 73%2 -
Total Expenditures 895,545$ 2,775$ 898,320$ 744,735$ 203,952$ (50,367)$ 106%227,293$
REVENUE OVER (UNDER) EXPENDITURES 747,416$ (2,775)$ 744,641$ 288,886$ 408,554$
Beginning Fund Balance October 1 2,337,780 2,337,780 1,710,537
Ending Fund Balance Current Month 3,082,421$ 2,626,666$ 2,119,091$
Notes
1 Auction revenues and insurance reimbursements are placed in the Other Reimbursements account
as they occur. The revenue reflected is for last year's auction proceeds.
2
3
Funds have been expended or encumbered for this year's replacement vehicles, equipment, and technology.
Transfers In exceed YTD of budget due to insurance proceeds that should have been posted to VERF. This is reflected in April of additional transfer in.
9
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 30, 2019
Expected Year to Date Percent 58.33%
STORM DRAINAGE UTILITY FUND
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
45-4001-10-00 Storm Drainage Utility Fee 577,248$ -$ 577,248$ 349,458$ -$ 227,790$ 61%284,464$ 23%
45-4610-10-00 Interest Income 7,500 - 7,500 1,502 - 5,998 20%1 1,684 -11%
Other Revenue - - - - - - -
Total Revenue 584,748$ -$ 584,748$ 350,961$ -$ 233,787$ 60%286,148$ 23%
EXPENDITURES
Personnel Services 162,360$ -$ 162,360$ 95,409$ -$ 66,951$ 59%2 49,067$ 94%
Debt Service - - - - - - 0%3 192,643
45-7147-10-00 Operating Expenditures 20,700 - 20,700 4,226 - 16,474 20%6,390 -34%
Transfers Out 73,740 - 73,740 43,015 - 30,725 58%66,467 -35%
Total Expenses 256,800$ -$ 256,800$ 142,650$ -$ 114,150$ 56%314,568$ -55%
REVENUE OVER (UNDER) EXPENDITURES 327,948$ -$ 327,948$ 208,310$ (28,421)$
Beginning Working Capital October 1 (38,549) (38,549) (79,275)
Ending Working Capital Current Month 289,399$ 169,761$ (107,696)$
Note
1
2 Slight overage for 7/12 through the year of the budget in personnel services due to overtime expenses. Finance will monitor.
3 Stormwater's debt service is being absorbed in the Debt Service Fund to help assist the negative fund balance. This is a one year assistance.
Due to low fund balance, this impacts Stormwater Drainage's claim on cash and share of earned interest revenue.
10
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 30, 2019
Expected Year to Date Percent 58.33%
PARK DEDICATION AND IMPROVEMENT FUNDS
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
60-4045-60-00 Park Dedication-Fees 600,000$ -$ 600,000$ 156,126$ -$ 443,874$ 26%2 -$
60-4055-60-00 Park Improvements 250,000 - 250,000 8,384 - 241,616 3%2 -
Contributions/Grants - - - - - - -
60-4615-60-00 Interest-Park Dedication 10,000 - 10,000 10,353 - (353) 104%13,039 -21%
60-4620-60-00 Interest-Park Improvements 8,000 - 8,000 13,142 - (5,142) 164%8,889 48%
Total Revenue 868,000$ -$ 868,000$ 188,005$ -$ 679,995$ 22%21,928$ 757%
EXPENDITURES
60-5290-60-00 Miscellaneous Expense -$ -$ -$ -$ -$ -$ -$
Professional Services-Park Ded - - - - - - -
60-5411-60-00 Professional Services-Park Imp 246,500 160,990 407,490 - - 407,490 0%-
Developer Reimbursement-Park Imp - - - - - - -
60-6001-60-00 Capital Exp-Park Imp 474,500 57,990 532,490 15,270 67,220 450,000 15%1 806,423
60-6002-60-00 Capital Exp-Park Ded - - - - - - 410,604
Transfers Out - - - - - - -
Total Expenses 721,000$ 218,980$ 939,980$ 15,270$ 67,220$ 857,490$ 9%1,217,026$
REVENUE OVER (UNDER) EXPENDITURES 147,000$ (218,980)$ (71,980)$ 172,735$ (1,195,098)$
Beginning Fund Balance October 1 1,857,785 1,857,785 3,683,495
Ending Fund Balance Current Month 1,785,805$ 2,030,520$ 2,488,397$
Notes
1 Encumbrance for contract at Cockrell Park Trail Connection and Hays Park.
2 Parks is working with developers to provide the Park Improvements/Development vs the Town collecting the Fees.
11
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 30, 2019
Expected Year to Date Percent 58.33%
TIRZ #1 - BLUE STAR
Original Budget Amended Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Impact Fee Revenue:
Water Impact Fees 125,000$ -$ 125,000$ 19,868$ 105,132$ 16%-$
Wastewater Impact Fees 75,000 - 75,000 11,852 63,148$ 16%-
East Thoroughfare Impact Fees 300,000 - 300,000 84,210 215,790$ 28%-
Property Taxes - Town (Current)290,232 - 290,232 340,626 (50,394)$ 117%132,016
Property Taxes - Town (Rollback)- - - - -$ -
Property Taxes - County (Current)83,081 - 83,081 73,604 9,477$ 89%34,862
Sales Taxes - Town 450,000 - 450,000 247,434 202,566$ 55%53,663
Sales Taxes - EDC 390,000 - 390,000 207,226 182,774$ 53%44,943
Investment Income 5,000 - 5,000 7,321 (2,321)$ 146%1,887
Transfer In - - - 1,449 (1,449)$ 1
Total Revenue 1,718,313$ -$ 1,718,313$ 993,590$ 724,723$ 58%267,372$
EXPENDITURES
Professional Services -$ -$ -$ 74$ -$ -$
Developer Rebate 1,718,313 - 1,718,313 - 1,718,313 0%-
Transfers Out - - - - -
Total Expenses 1,718,313$ -$ 1,718,313$ 74$ 1,718,313$ 0%-$
REVENUE OVER (UNDER) EXPENDITURES -$ 993,516$ 267,372$
Beginning Fund Balance October 1 213,282 213,282 187,499
Ending Fund Balance Current Month 213,282$ 1,206,798$ 454,871$
Note
1 Sales Tax audit confirmed correcting sales tax reported in the prior year to the GF and EDC that should be TIRZ # 1 revenue. Transfer In reflects this amount.
12
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 30, 2019
Expected Year to Date Percent 58.33%
TIRZ #2 - MATTHEWS SOUTHWEST
Original Budget Amended Current Year Prior Year Change from
Budget Adjustment Budget YTD Actual YTD Percent Note YTD Actual Prior Year
REVENUES
Impact Fee Revenue:
West Thoroughfare Impact Fees 325,500$ -$ 325,500$ -$ 0%-$ 0%
Property Taxes - Town (Current)15,053 - 15,053 15,053 100%- 0%
Property Taxes - Town (Rollback)- - - - 0%- 0%
Property Taxes - County (Current)4,308 - 4,308 3,738 87%- 0%
Sales Taxes - Town 150 - 150 6 4%(10) 0%
Sales Taxes - EDC 150 - 150 6 4%(10) 0%
Investment Income 1,000 - 1,000 362 36%171 112%
Total Revenue 346,161$ -$ 346,161$ 19,165$ 6%151$ 12610%
EXPENDITURES
Professional Services -$ -$ -$ -$ -$ 0%
Developer Rebate 346,161 - 346,161 - 0%- 0%
Transfers Out - - - - - 0%
Total Expenditures 346,161$ -$ 346,161$ -$ 0%-$ 0%
REVENUE OVER (UNDER) EXPENDITURES -$ 19,165$ 151$
Beginning Fund Balance October 1 25,922 25,922 25,477
Ending Fund Balance Current Month 25,922$ 45,087$ 25,628$
13
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 30, 2019
Expected Year to Date Percent 58.33%
WATER IMPACT FEES FUND
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget STATUS OF
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT
REVENUES
Impact Fees Water 3,584,000$ -$ 3,584,000$ 1,752,590$
Interest - Water 40,000 - 40,000 33,717
Total Revenues 3,624,000$ -$ 3,624,000$ 1,786,307$
EXPENDITURES
Developer Reimbursements
TVG Westside Utility Developer Reimb 975,000$ 975,000$ -$ 975,000$ 398,770$ -$ 576,230$ 576,230$
Parks at Legacy Developer Reimb 25,000 25,000 - 25,000 - - 25,000 25,000
Prosper Partners Developer Reimb 129,750 129,750 - 129,750 294,524 - (164,774) (164,774)
Prosper Lakes Developer Reimb 97,500 97,500 - 97,500 - - 97,500 97,500
Star Trail Developer Reimb 292,500 292,500 - 292,500 241,800 - 50,700 50,700
TVG Windsong Developer Reimb 100,000 100,000 - 100,000 113,100 - (13,100) (13,100)
Total Developer Reimbursements 1,619,750$ 1,619,750$ -$ 1,619,750$ 1,048,195$ -$ 571,555$ -$ 571,555$
Capital Expenditures
Fishtrap Elevated Storage 3,468,700 2,525,348 446,805 2,972,153 2,862,442 87,032 22,679 522,129 (2,904) Construction 5% complete
Water Supply Line Phase 1 and Easement Costs 1,004,850 1,414,154 (234,304) 1,179,850 113,956 181,949 883,944 652,949 55,995 Construction complete
Custer Road Pump Station Expansion 788,450 272,950 237,333 510,283 593,061 6,002 (88,780) 163,167 26,220 Construction 98% complete
LLP Phase 2 Pipeline Easement Costs 1,000,000 1,487,150 (1,487,150) - - - - - 1,000,000 moved project out to FY 2021
LLP Phase Pump Station, GST, and Water Line 150,000 - 150,000 150,000 150,000 - - - - funds transferred to CIP fund
First St (DNT-Coleman)25,000 25,000 - 25,000 - 25,000 - 25,000 funds transferred to CIP Fund in June 2019
Total Projects 6,437,000$ 5,724,602$ (887,316)$ 4,837,286$ 3,719,460$ 274,983$ 817,843$ 1,338,245$ 1,079,311$
Total Expenditures 8,056,750$ 7,344,352$ (887,316)$ 6,457,036$ 4,767,655$ 274,983$ 1,389,398$ 1,338,245$ 1,650,867$
REVENUE OVER (UNDER) EXPENDITURES (2,833,036)$ (2,981,348)$
Beginning Fund Balance October 1 4,074,701 4,074,701
Ending Fund Balance Current Month 1,241,665$ 1,093,353$
14
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 30, 2019
Expected Year to Date Percent 58.33%
WASTEWATER IMPACT FEES FUND
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget STATUS OF
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT
REVENUES
Impact Fees Wastewater 600,000$ -$ 600,000$ 474,770$
Interest - Wastewater 12,000 - 12,000 19,425
Upper Trinity Equity Fee 200,000 - 200,000 131,000
Total Revenues 812,000$ -$ 812,000$ 625,195$
EXPENDITURES
Developer Reimbursements
LaCima Developer Reimb 10,000$ 10,000$ -$ 10,000$ 26,305$ -$ (16,305)$ -$ (16,305)$
TVG Westside Utility Developer Reimb 170,750 170,750 - 170,750 128,230 - 42,520 - 42,520
Prosper Partners Utility Developer Reimb 40,000 40,000 - 40,000 39,079 - 921 - 921
Frontier Estates Developer Reimb 51,225 51,225 - 51,225 4,440 - 46,786 - 46,786
Brookhollow Developer Reimb 5,000 5,000 - 5,000 - 5,000 - 5,000
TVG Windsong Developer Reimb 68,300 68,300 - 68,300 95,408 - (27,108) - (27,108)
Star Trail Developer Reimb - - - - 42,346 - (42,346) - (42,346)
All Storage Developer Reimb 15,000 15,000 - 15,000 - - 15,000 - 15,000
Lagacy Garden Developer Reimb 100,000 100,000 - 100,000 - - 100,000 - 100,000
Total Developer Reimbursements 460,275$ 460,275$ -$ 460,275$ 335,808$ -$ 124,468$ -$ 124,468$
Capital Expenditures
- - - - - - - - -
Total Projects -$ -$ -$ -$ -$ -$ -$ -$ -$
Total Expenditures 460,275$ 460,275$ -$ 460,275$ 335,808$ -$ 124,468$ -$ 124,468$
REVENUE OVER (UNDER) EXPENDITURES 351,725$ 289,388$
Beginning Fund Balance October 1 1,256,837 1,256,837
Ending Fund Balance Current Month 1,608,562$ 1,546,225$
15
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 30, 2019
Expected Year to Date Percent 58.33%
THOROUGHFARE IMPACT FEES FUND
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget STATUS OF
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT
REVENUES
East Thoroughfare Impact Fees 2,825,000$ -$ 2,825,000$ 599,042$
West Thoroughfare Impact Fees 2,035,000 - 2,035,000 3,033,221
Interest-East Thoroughfare Impact Fees 50,000 - 50,000 18,055
Interest-West Thoroughfare Impact Fees 20,000 - 20,000 39,883
Total Revenues 4,930,000$ -$ 4,930,000$ 3,690,201$
EXPENDITURES
East
Developer Agreeement - PISD 350,000 350,000 - 350,000 462,510 - (112,510) - (112,510)
Prosper Trail (Kroger - Coit)3,282,000 2,982,000 - 2,982,000 - - 2,982,000 305,000 2,977,000 Construction 55% complete
Prosper Trail (Coit - Custer)810,000 200,000 207,209 407,209 78,551 128,658 200,000 402,791 200,000 Design 70% complete-field survey 100% complete
Coit Road (First - Frontier)1,289,900 600,000 689,900 1,289,900 197,157 559,416 533,328 533,328 - Design 60% complete
First St. DNT-Coleman-EAST 585,000 96,000 - 96,000 (536) - 96,536 488,667 96,869 Design 70% complete
FM2478 ROW (US380-FM1461)149,000 69,000 - 69,000 68,832 - 168 80,000 168 Agreement with TxDOT, TxDOT has acquired 94% of ROW, Design complete
Traffic Signal - Coit Rd & First Street 250,000 250,000 - 250,000 - - 250,000 - 250,000 Bidding phase
Total East 7,965,900$ 5,797,000$ (352,891)$ 5,444,109$ 806,513$ 688,074$ 3,949,522$ 1,809,786$ 4,661,527$
West
TVG Developer Reimb 543,384 543,384 - 543,384 - - 543,384 - 543,384
Parks at Legacy Developer Reimb 250,000 250,000 - 250,000 130,445 - 119,555 - 119,555
Star Trail Developer Reimb 400,000 400,000 - 400,000 231,074 - 168,926 - 168,926
Legacy Garden Developer Reimb 250,000 250,000 - 250,000 - - 250,000 - 250,000
1,525,000 1,250,000 178,588 1,428,588 78,158 1,231,398 119,033 74,667 140,777 Design 95% complete
First St. DNT-Coleman-EAST 465,672 42,000 - 42,000 5,000 - 37,000 340,600$ 120,072 Design 70% complete
First (DNT Intersection Improvements)1,250,000 1,250,000 - 1,250,000 427,382 - 822,618 - 822,618 Design 95% complete; construction start date: Fall 2019
Prosper Trail (DNT Intersection Improvements)75,000 75,000 - 75,000 75,000 - - - - Funds transferred to CIP Fund
Total West 4,759,056$ 4,060,384$ 178,588$ 4,238,972$ 947,059$ 1,231,398$ 2,060,516$ 415,267$ 2,165,332$
Total Expenditures 12,724,956$ 9,857,384$ (174,303)$ 9,683,081$ 1,753,573$ 1,919,472$ 6,010,037$ 2,225,053$ 6,826,859$
REVENUE OVER (UNDER) EXPENDITURES (4,753,081)$ 1,936,628$
Beginning Fund Balance October 1 2,915,521 2,915,521
Ending Fund Balance Current Month (1,837,560)$ 4,852,149$
E-W Collector Cook Lane (First - End)
16
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 30, 2019
Expected Year to Date Percent 58.33%
SPECIAL REVENUE FUNDS
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Obligated Prior Year
Police Donation Revenue 15,000$ -$ 15,000$ 9,236$ -$ 5,764$ 62%9,774$ -6%
Police Grant - - - - - - -
Fire Donation Revenue 14,000 25,310 39,310 12,733 - 26,577 32%7,772 64%
Child Safety Revenue 5,000 - 5,000 3,370 - 1,630 67%3,194 6%
Court Security Revenue 7,700 - 7,700 5,319 - 2,381 69%5,199 2%
Court Technology Revenue 10,395 - 10,395 7,092 - 3,303 68%6,932 2%
LEOSE Revenue 4,000 - 4,000 2,739 - 1,261 2,718
Library Grant - - - - - - -
Interest Income 2,765 - 2,765 4,166 - (1,401) 151%2,769 50%
Tree Mitigation Revenue - - - - - - 27,475 -100%
Cash Seizure/Forfeiture - - - 2,966 - (2,966) -
Donations - ITTCC - - - - - - -
Transfer In - - - - - - -
Total Revenue 58,860$ 25,310$ 84,170$ 47,622$ -$ 36,548$ 57%65,832$ -28%
EXPENDITURES
LEOSE Expenditure -$ -$ -$ 150$ -$ (150)$ -$
Court Technology Expense 5,665 - 5,665 3,737 7,529 (5,601) 199%-
Court Security Expense 12,996 - 12,996 6,848 - 6,148 53%-
Police Donation Expense 20,000 (11,884) 8,116 827 - 7,289 10%2,800
Fire Donation Expense 5,000 25,310 30,310 (723) 5,000 26,033 14%1 31,323
Child Safety Expense 5,000 - 5,000 3,781 - 1,219 76%1,256
Tree Mitigation Expense 6,339 - 6,339 - - 6,339 0%-
Library Grant Expense - - - - - - -
Police Seizure Expense 5,000 11,884 16,884 8,960 8,817 (893) 105%3,400
Total Expenses 60,000$ 25,310$ 85,310$ 23,580$ 21,346$ 40,384$ 28%38,780$
REVENUE OVER (UNDER) EXPENDITURES (1,140)$ -$ (1,140)$ 24,042$ 27,053$
Beginning Fund Balance October 1 1,755,882$ 1,755,882$ 1,681,040$
Ending Fund Balance Current Month 1,754,742$ 1,779,924$ 1,708,093$
Note
1
Budget Amendment requesting safety vests, pediatric video adapter, Lucas CPRF device, dell rugged computer has been encumbered or spent as of May, 2019.
Sound equipment refund.
17
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 30, 2019
CAPITAL PROJECTS FUND-GENERAL
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget STATUS OF
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT
REVENUES
Grants -$ -$ -$ -$
Contributions/Interlocal Revenue 1,000,000 - 1,000,000 -
Bond Proceeds - (18,085,000) 18,085,000 -
Interest - - - 141,963
Interest-2004 Bond - -
Interest-2006 Bond - 1,219
Interest-2008 Bond - -
Interest-2012 GO Bond - 282
Interest-2015 Bond - 22,394
Interest-2016 Bond - 52
Interest-2017 Bond 2,877
Transfers In-General Fund - 6,361,343 6,361,343 2,460,000
Transfers In-Impact Fee Funds - 75,000 75,000 80,000
Transfers In-Bond Funds - - - 3,144,356
Total Revenues 1,000,000$ (11,723,657)$ 25,521,343$ 5,853,143$
EXPENDITURES
Frontier Parkway (BNSF Overpass)2,180,000 1,230,996 - 1,230,996 - - 1,230,996 - 2,180,000 E Thoro Fund paid 3,650,000 for interlocal payment. Collin County Project-construction Spring 2020
Downtown Enhancements 2,566,275 - 1,620,487 1,620,487 1,402,799 299,533 (81,845) 776,276 87,668 Construction 95% complete
West Prosper Roads 15,881,000 3,100,000 4,468,603 7,568,603 2,648,497 1,489,202 3,430,904 8,069,266 3,674,035 Phase 1-Construction complete
- - Phase 2-design complete; construction 65% complete
Phase 3-design 90% complete; construction start date: Fall 2019
Prosper Trail (Kroger to Coit)4,762,308 - 3,827,689 3,827,689 1,266,411 2,564,405 (3,127) 906,515 24,977 Construction 55% complete
First Street (DNT to Coleman)2,439,915 7,408 1,819,785 1,827,193 230,480 134,667 1,462,046 861,807 1,212,961 Design 70% complete
Old Town Streets 2015 (Broadway,Fifth, McKinley)1,000,000 - 766,411 766,411 707,263 59,149 - 214,758 18,831 Construction 99% complete
Eighth Street (Church-PISD)260,000 - 202,736 202,736 180,102 22,634 - 43,782 13,483 Construction 50% complete
Field Street (First-Broadway)250,000 - 132,242 132,242 130,694 1,547 0 7,819 109,940 Project complete
Town Hall Infrastructure Improvements 1,288,584 - - - 2,013 161 (2,174) 1,068,290 218,120 Project complete
Windsong Ranch, Phase 2 & Phase 3 1,630,000 - 740,204 740,204 416,260 227,038 96,906 907,255 306,486 Phase 3 construction complete
Fifth Street (Coleman - Church)260,856 - 20,166 20,166 17,655 2,512 - 240,690 0 Project complete
Third Street (Main - Coleman)76,363 - 40,339 40,339 31,215 9,124 - 36,024 - Project complete
First Street (DNT Intersection Improvements)1,387,000 - 110,585 110,585 33,639 - 76,946 26,415 1,326,946 ROW acquisitions complete; design 95% complete; construction start: Fall 2019
Victory Way (Coleman-Frontier)2,500,000 2,250,000 247,600 2,497,600 - 247,600 2,250,000 - 2,252,400 Design 60% complete, construction start: Fall 2019
Fishtrap (Teel Intersection Improvements)150,000 - 150,000 150,000 25,020 19,953 105,027 5,027 100,000 Design 60% complete; construction start: Fall 2019
Coleman Street (Gorgeous-Prosper Trail)375,000 - 375,000 375,000 - 24,995 350,005 - 350,005 Design 90% complete; construction start: Summer 2019
Prosper Trail/DNT Intersection Improvements 88,000 - 88,000 88,000 74,765 13,235 - - 0
Fishtrap Section 1 & 4 778,900 - 778,900 778,900 - - 778,900 - 778,900
Acacia Parkway 1,022,782 - 242,739 242,739 58,408 - 184,331 780,043 184,331
FM2478 (US380-FM1461)388,000 - 174,205 174,205 - - 174,205 207,914 180,086 TxDOT acquired 94% of the ROW; construction start: Summer 2020
Total Street Projects 39,284,983$ 6,588,404$ 15,805,690$ 22,394,094$ 7,225,219$ 5,115,754$ 10,053,120$ 14,151,881$ 13,019,168$
Decorative Monument Street Signs 150,000 - 22,709 22,709 22,709 - - 115,486 11,806 Project complete
Total Traffic Projects 150,000$ -$ 22,709$ 22,709$ 22,709$ -$ -$ 115,486$ 11,806$
HWY 289 Gateway Monument 411,200$ -$ 407,086$ 407,086$ -$ 5,100$ 401,986$ -$ 406,100$ Council approved to proceed 5/14/19; construction start date: Summer 2019
US 380 Median Design (Green Ribbon)809,250 - 17,459 17,459 4,872 12,588 - - 791,791 Design complete; construction start date: Fall 2019
Whitley Place H&B Trail Extension 500,000 500,000 - 500,000 - - 500,000 - 500,000 Grant funds from Texas Wildlife-meeting with grant on start date
Total Park Projects 1,720,450$ 500,000$ 424,545$ 924,545$ 4,872$ 17,688$ 901,986$ -$ 1,697,890$
Town Hall Professional Services 2,248,580 - - - - - - 2,248,580 - Services completed
Town Hall Multipurpose Facility 20,072,581 - 71,028 71,028 51,990 17,152 1,886 19,762,473 240,966 Finish of punch list continues
Town Hall - FF&E 1,362,000 - 181,545 181,545 77,692 9,448 94,406 1,180,569 94,292 FFE still working on art for facility
Public Safety Complex, Phase 1 1,444,696 385,000 982,120 1,367,120 544,158 602,993 219,968 273,730 23,814 Final design 100% complete; construction start date: Spring 2019
Public Safety Complex, Phase 1-Dev Costs 550,000 850,000 (300,000) 550,000 - - 550,000 - 550,000 Final design 100% complete; construction start date: Spring 2019
Public Safety Complex, Phase 1-Construction 11,400,000 10,765,000 1,735,000 12,500,000 - - 12,500,000 - 11,400,000 Final design 100% complete; construction start date: Spring 2019
Public Safety Complex, Phase 1-FFE 1,165,000 - 1,165,000 1,165,000 - - 1,165,000 - 1,165,000 Final design 100% complete; construction start date: Spring 2019
Parks and Public Works Complex 3,650,000 - 1,981,375 1,981,375 1,138,778 - 842,597 17,825 2,493,397 Land purchased
Total Facility Projects 41,892,857$ 12,000,000$ 5,816,068$ 17,816,068$ 1,812,618$ 629,593$ 15,373,857$ 23,483,177$ 15,967,469$
Transfer Out -$ -$ -$ -$ 11,335$ -$ -$ -$ -$
Total Expenditures 83,048,290$ 19,088,404$ 22,069,012$ 41,157,416$ 9,076,752$ 5,763,035$ 26,328,963$ 37,750,543$ 30,696,333$
REVENUE OVER (UNDER) EXPENDITURES (15,636,073)$ (3,223,610)$
Beginning Fund Balance October 1 10,600,003 10,600,003
Ending Fund Balance Current Month (5,036,070)$ 7,376,393$ 18
Item 5b
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
April 30, 2019
CAPITAL PROJECTS FUND-WATER/SEWER
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Year Budget STATUS OF
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT Note
REVENUES
Interest Income -$ -$ -$ 53,660$
Interest-2016 CO Bond - - - 2,204
Interest-2017 CO Bond - - - 5,426
Interest-2018 CO Bond - - - -
Bond Proceeds - (8,750,000) 8,750,000 -
Transfers In - Impact Fees - 2,842,553 2,842,553 2,842,553
Transfers In - - - 1,184,797
Transfers In-Bond Funds - - - 1,543,282
Total Revenues -$ (5,907,447)$ 11,592,553$ 5,631,921$
EXPENDITURES
Lower Pressure Plane Pump Station Design 1,585,100 1,439,287 - 1,439,287 - - 1,439,287 145,813 1,439,287 Construction complete for Lovers Lane; design 90% complete
Prosper Trail EST Construction 517,300 - 9,650 9,650 9,650 - - 481,669 25,981 Project complete
FishTrap EST (South)5,758,000 - 5,757,553 5,757,553 - 5,758,000 (447) - - Construction 5% complete
Water Supply Line Phase 1 9,694,480 - 10,546,180 10,546,180 2,214,214 59,877 8,272,089 - 7,420,389 construction complete
Water Supply Line Phase 1 Easement Costs 1,941,500 - 1,691,500 1,691,500 1,024,148 - 667,352 - 917,352 construction complete
Glenbrooke Water Meter PRVs 407,200 - 150,000 150,000 114,398 36,000 (398) - 256,802 2012 CO Bonds
Custer Rd Meter Station/Water Line Relocation 290,325 - 290,325 290,325 33,897 256,428 - - - Design 95% complete; construction start: Summer 2019
Church/Parvin WW Reconstruction 100,000 100,000 - 100,000 - - 100,000 - 100,000
Doe Branch WWTP 0.25 MGD Expansion 3,625,000 3,625,000 (3,625,000) - - - - - 3,625,000
Parks and Public Works Complex 2,000,000 - 1,448,825 1,448,825 1,133,173 - 315,652 375 866,452
E-W Collector (Cook-DNT)256,025 - 295,775 295,775 - 295,775 - - (39,750)
Total Water & Wastewater Projects 26,174,930$ 5,164,287$ 16,564,808$ 21,729,095$ 4,529,480$ 6,406,080$ 10,793,535$ 627,857$ 14,611,513$
Old Town Drainage 500,000 460,000 8,800 468,800 20,236 9,800 438,764 42,400 427,564 Design 95% complete-construction start date: Summer 2019
Coleman Rd Drainage 308,479 290,979 - 290,979 - - 290,979 17,500 290,979
Old Town Land Drainage Land Acq 925,000 - 10,000 10,000 12,593 500 (3,093) 533,486 378,421
Old Town Drainage Broadway Design & Construction 791,149 550,000 101,250 651,250 35,750 27,000 588,500 73,250 655,149 Design 90% complete-construction start date: Summer 2019
Old Town Drainage Fifth Street Trunk Main 400,000 127,038 (115,909) 11,129 268,513 4,449 (261,833) 55,909 71,129
Total Drainage Projects 2,924,628$ 1,428,017$ 4,141$ 1,432,158$ 337,092$ 41,749$ 1,053,317$ 722,545$ 1,823,242$
Transfer out -
Total Expenses 29,099,558$ 6,592,304$ 16,568,949$ 23,161,253$ 4,866,572$ 6,447,829$ 11,846,852$ 1,350,401$ 16,434,755$
(11,568,700)$ 765,350$
Beginning Working Capital October 1 19,377,844 19,377,844
Ending Working Capital Current Month 7,809,144$ 20,143,194$
19
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
100-4035-10-00 3% Construction Fee - 500,000.00 - 500,000.00 - 233,090.55 - 116,753.45 46.62 - 266,909.45
100-4061-10-00 Notary Fees - 200.00 - 200.00 - 117.00 - 30.00 58.50 - 83.00
100-4105-10-00 Property Taxes -Delinquent - 106,985.00 - 106,985.00 - 163,975.18 313.20 153.27 56,990.18
100-4110-10-00 Property Taxes -Current - 14,202,898.00 - 14,202,898.00 - 14,091,164.00 - 74,103.90 99.21 - 111,734.00
100-4111-10-00 VIT Motor Vehicle Tax - 9,961.81 - 9,961.81 9,961.81
100-4115-10-00 Taxes -Penalties - 52,077.00 - 52,077.00 - 61,050.71 - 6,544.60 117.23 8,973.71
100-4120-10-00 Sales Taxes - 4,460,015.00 - 4,460,015.00 - 3,122,933.72 - 298,408.87 70.02 - 1,337,081.28
100-4130-10-00 Sales Tax-Mixed Beverage - 40,437.00 - 40,437.00 - 29,633.26 - 15,117.06 73.28 - 10,803.74
100-4140-10-00 Franchise Taxes - Electric - 765,065.00 - 765,065.00 - 305,925.30 - 118,068.35 39.99 - 459,139.70
100-4150-10-00 Franchise Taxes - Telephone - 160,071.00 - 160,071.00 - 67,960.76 - 28,523.70 42.46 - 92,110.24
100-4160-10-00 Franchise Taxes - Gas - 121,800.00 - 121,800.00 - 165,277.13 135.70 43,477.13
100-4170-10-00 Franchise Taxes - Road Usage - 41,530.00 - 41,530.00 - 16,657.04 - 114.88 40.11 - 24,872.96
100-4185-10-00 Franchise Fee - W/S Fund - 295,298.00 - 295,298.00 - 172,257.19 - 24,608.17 58.33 - 123,040.81
100-4190-10-00 Franchise Fee-Cable - 41,886.00 - 41,886.00 - 12,739.10 30.41 - 29,146.90
100-4202-10-00 NTTA Tag Sales - 150.00 - 150.00 - 125.00 - 55.00 83.33 - 25.00
100-4203-10-00 New Cingular Tower Lease - 18,000.00 - 18,000.00 - 18,000.00
100-4218-10-00 Administrative Fees-EDC - 15,000.00 - 15,000.00 - 8,750.00 - 1,250.00 58.33 - 6,250.00
100-4230-10-00 Other Permits - 1,851.00 - 1,851.00 - 1,105.00 - 60.00 59.70 - 746.00
100-4610-10-00 Interest Income - 212,194.00 - 212,194.00 - 198,396.56 - 38,856.57 93.50 - 13,797.44
100-4910-10-00 Other Revenue - 15,000.00 - 15,000.00 - 9,854.59 - 135.00 65.70 - 5,145.41
100-4995-10-00 Transfer In/Out - 881,541.00 - 881,541.00 - 514,232.33 - 73,461.75 58.33 - 367,308.67
100-4060-10-07 NSF Fees - 25.00 25.00
100-4410-10-07 Court Fines - 427,224.00 - 427,224.00 - 286,146.29 - 51,375.20 66.98 - 141,077.71
100-4930-10-99 Insurance Proceeds - 28,438.18 - 6,796.24 28,438.18
100-4230-20-01 Other Permits - 2,650.00 - 2,650.00 - 1,075.00 - 200.00 40.57 - 1,575.00
100-4440-20-01 Accident Reports - 1,345.00 - 1,345.00 - 830.60 - 110.00 61.76 - 514.40
100-4450-20-01 Alarm Fee - 57,113.00 - 57,113.00 - 29,208.00 - 4,560.00 51.14 - 27,905.00
100-4510-20-01 Grants - 7,465.73 - 1,077.68 7,465.73
100-4910-20-01 Other Revenue - 5,000.00 - 5,000.00 - 3,462.50 - 637.50 69.25 - 1,537.50
100-4310-30-01 Charges for Services - 327,165.00 - 327,165.00 - 219,743.75 - 26,636.04 67.17 - 107,421.25
100-4411-30-01 CC Fire Assoc - 500.00 - 500.00 - 699.74 - 349.87 139.95 199.74
100-4510-30-01 Grants - 27,391.33 - 27,391.33 27,391.33
100-4530-30-01 Contributions 20,543.50
100-4315-30-05 Fire Review/Inspect Fees - 100,000.00 - 100,000.00 - 57,675.00 - 10,700.00 57.68 - 42,325.00
100-4017-40-01 Contractor Registration Fee - 100,000.00 - 100,000.00 - 57,200.00 - 7,100.00 57.20 - 42,800.00
100-4210-40-01 Building Permits - 4,200,000.00 - 4,200,000.00 - 1,818,456.58 - 272,245.42 43.30 - 2,381,543.42
100-4230-40-01 Other Permits - 200,000.00 - 200,000.00 - 116,446.50 - 22,629.00 58.22 - 83,553.50
100-4240-40-01 Plumb/Elect/Mech Permits - 45,000.00 - 45,000.00 - 27,066.00 - 5,160.00 60.15 - 17,934.00
100-4242-40-01 Re-inspection Fees - 60,000.00 - 60,000.00 - 44,123.00 - 7,473.00 73.54 - 15,877.00
100-4910-40-01 Other Revenue - 11,769.27 - 1,842.66 11,769.27
100-4211-40-02 Multi-Family Registration - 9,480.00 - 3,000.00 9,480.00
100-4245-40-02 Health Inspections - 41,200.00 - 41,200.00 - 36,615.00 - 5,750.00 88.87 - 4,585.00
100-4910-40-02 Other Revenue - 500.00 - 500.00 - 500.00
100-4207-40-03 Network Node Application Fee - 10,250.00 10,250.00
20
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
100-4220-40-03 Zoning Application Fees - 25,000.00 - 25,000.00 - 9,940.00 - 3,070.00 39.76 - 15,060.00
100-4225-40-03 Development Application Fees - 50,000.00 - 50,000.00 - 42,543.00 - 1,550.00 85.09 - 7,457.00
100-4910-40-03 Other Revenue - 6,000.00 - 6,000.00 - 3,510.00 - 500.00 58.50 - 2,490.00
100-4910-50-01 Other Revenue - 30,000.00 - 30,000.00 - 5,580.00 - 2,520.00 18.60 - 24,420.00
100-4056-60-00 Field Rental Fees - 90,000.00 - 90,000.00 - 77,592.50 - 3,870.00 86.21 - 12,407.50
100-4057-60-00 Pavilion User Fees - 4,000.00 - 4,000.00 - 2,572.50 - 510.00 64.31 - 1,427.50
100-4058-60-00 Park Program Fees - 150,400.00 - 150,400.00 - 28,325.06 - 10,506.00 18.83 - 122,074.94
100-4721-60-00 Prosper Christmas Donations - 15,500.00 - 15,500.00 - 20,730.00 - 1,500.00 133.74 5,230.00
100-4910-60-00 Other Revenue - 11,029.15 11,029.15
100-4063-60-05 Lost Fees - 200.00 - 200.00 - 897.23 - 102.39 448.62 697.23
100-4064-60-05 Printing/Copying Fees - 100.00 - 100.00 - 371.74 - 39.50 371.74 271.74
100-4065-60-05 Book Fines - 208.39 - 3.00 208.39
100-4066-60-05 Library Card Fees - 6,250.00 - 6,250.00 - 4,250.00 - 400.00 68.00 - 2,000.00
100-4510-60-05 Grants - 858.50 858.50
100-4910-60-05 Other Revenue - 6,250.00 6,250.00
100-5110-10-01 Salaries & Wages 161,710.00 161,710.00 91,809.14 12,439.24 56.77 69,900.86
100-5140-10-01 Salaries - Longevity Pay 45.00 45.00 45.00
100-5143-10-01 Cell Phone Allowance 1,020.00 1,020.00 595.00 85.00 58.33 425.00
100-5145-10-01 Social Security Expense 10,095.00 10,095.00 4,965.97 720.18 49.19 5,129.03
100-5150-10-01 Medicare Expense 2,361.00 2,361.00 1,242.30 168.43 52.62 1,118.70
100-5155-10-01 SUTA Expense 162.00 162.00 9.00 5.56 153.00
100-5160-10-01 Health Insurance 11,861.00 11,861.00 9,445.16 1,245.02 79.63 2,415.84
100-5165-10-01 Dental Insurance 491.00 491.00 280.48 37.02 57.12 210.52
100-5170-10-01 Life Insurance/AD&D 18.00 18.00 120.82 17.26 671.22 - 102.82
100-5175-10-01 Liability (TML)/Workers' Comp 310.00 310.00 174.79 23.72 56.38 135.21
100-5180-10-01 TMRS Expense 22,061.00 22,061.00 12,459.99 1,692.29 56.48 9,601.01
100-5185-10-01 Long/Short Term Disability 308.00 308.00 162.60 23.64 52.79 145.40
100-5186-10-01 WELLE-Wellness Prog Reimb Empl 600.00 600.00 200.00 50.00 33.33 400.00
100-5210-10-01 Office Supplies 1,200.00 1,200.00 233.70 19.48 966.30
100-5230-10-01 Dues,Fees,& Subscriptions 7,150.00 7,150.00 4,188.12 575.00 58.58 2,961.88
100-5240-10-01 Postage and Delivery 50.00 50.00 2.15 4.30 47.85
100-5250-10-01 Publications 400.00 400.00 400.00
100-5280-10-01 Printing and Reproduction 150.00 150.00 150.00
100-5290-10-01 Other Charges and Services 200.00 200.00 200.00
100-5330-10-01 Copier Expense 250.00 250.00 730.45 110.83 292.18 - 480.45
100-5410-10-01 Professional Services 300,780.00 300,780.00 177,848.54 24,641.46 122,931.46 59.13
100-5430-10-01 Legal Fees 72,450.00 72,450.00 58,541.50 18,216.00 80.80 13,908.50
100-5435-10-01 Legal Notices/Filings 30.20 - 30.20
100-5480-10-01 Contracted Services 70,360.00 70,360.00 42,120.00 28,000.00 59.86 240.00
100-5526-10-01 Data Network 725.00 725.00 113.97 15.72 611.03
100-5530-10-01 Travel 5,200.00 5,200.00 2,307.14 44.37 2,892.86
100-5533-10-01 Mileage Expense 200.00 200.00 59.95 29.98 140.05
100-5536-10-01 Training/Seminars 1,450.00 1,450.00 1,446.00 99.72 4.00
100-7145-10-01 Transfer to VERF 623.00 623.00 363.44 51.92 58.34 259.56
21
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
100-5110-10-02 Salaries & Wages 260,170.00 260,170.00 133,301.23 14,539.00 51.24 126,868.77
100-5115-10-02 Salaries - Overtime 2,000.00 2,000.00 44.59 2.23 1,955.41
100-5140-10-02 Salaries - Longevity Pay 445.00 445.00 330.00 74.16 115.00
100-5143-10-02 Cell Phone Allowance 1,020.00 1,020.00 595.00 85.00 58.33 425.00
100-5145-10-02 Social Security Expense 16,352.00 16,352.00 8,193.18 882.60 50.11 8,158.82
100-5150-10-02 Medicare Expense 3,824.00 3,824.00 1,916.14 206.41 50.11 1,907.86
100-5155-10-02 SUTA Expense 648.00 648.00 123.68 19.09 524.32
100-5160-10-02 Health Insurance 12,797.00 12,797.00 11,716.47 1,686.99 91.56 1,080.53
100-5165-10-02 Dental Insurance 429.00 429.00 492.07 66.03 114.70 - 63.07
100-5170-10-02 Life Insurance/AD&D 577.00 577.00 267.10 30.76 46.29 309.90
100-5175-10-02 Liability (TML)/Workers' Comp 502.00 502.00 254.80 27.70 50.76 247.20
100-5180-10-02 TMRS Expense 35,737.00 35,737.00 18,159.50 1,975.34 50.81 17,577.50
100-5185-10-02 Long/Short Term Disability 494.00 494.00 221.10 27.64 44.76 272.90
100-5186-10-02 WELLE-Wellness Prog Reimb Empl 600.00 600.00 424.12 39.16 70.69 175.88
100-5193-10-02 Records Retention 1,500.00 1,500.00 971.67 701.67 64.78 528.33
100-5210-10-02 Office Supplies 2,500.00 2,500.00 1,640.62 256.78 65.63 859.38
100-5220-10-02 Office Equipment 1,500.00 1,500.00 3,911.96 260.80 - 2,411.96
100-5230-10-02 Dues,Fees,& Subscriptions 1,400.00 1,400.00 1,175.41 364.36 83.96 224.59
100-5240-10-02 Postage and Delivery 200.00 200.00 40.57 7.30 20.29 159.43
100-5280-10-02 Printing and Reproduction 200.00 200.00 414.87 207.44 - 214.87
100-5310-10-02 Rental Expense 8,000.00 8,000.00 4,555.76 577.00 56.95 3,444.24
100-5330-10-02 Copier Expense 3,600.00 3,600.00 731.46 109.49 20.32 2,868.54
100-5419-10-02 IT Licenses 10,000.00 10,000.00 4,000.00 4,000.00 40.00 6,000.00
100-5430-10-02 Legal Fees 31,500.00 31,500.00 13,226.14 2,848.01 41.99 18,273.86
100-5435-10-02 Legal Notices/Filings 8,800.00 8,800.00 4,091.40 46.49 4,708.60
100-5460-10-02 Election Expense 15,700.00 15,700.00 4,373.51 4,278.53 6,781.30 27.86 4,545.19
100-5480-10-02 Contracted Services 21,575.00 21,575.00 18,255.00 2,880.00 84.61 3,320.00
100-5520-10-02 Telephones 870.00 870.00 252.01 35.96 28.97 617.99
100-5526-10-02 Data Network 460.00 460.00 265.93 37.99 57.81 194.07
100-5530-10-02 Travel 6,100.00 6,100.00 1,038.15 17.02 5,061.85
100-5533-10-02 Mileage Expense 1,125.00 1,125.00 59.95 5.33 1,065.05
100-5536-10-02 Training/Seminars 7,100.00 7,100.00 1,750.00 360.00 24.65 5,350.00
100-5538-10-02 Council/Public Official Expnse 31,000.00 31,000.00 16,812.63 1,416.72 54.23 14,187.37
100-5600-10-02 Special Events 7,661.00 7,661.00 354.94 209.95 4.63 7,306.06
100-7145-10-02 Transfer to VERF 3,157.00 3,157.00 1,841.56 263.08 58.33 1,315.44
100-5110-10-03 Salaries & Wages 583,817.00 583,817.00 324,518.58 45,868.22 55.59 259,298.42
100-5115-10-03 Salaries - Overtime 20.86 - 20.86
100-5126-10-03 Salaries-Vacation Buy-Out 1,166.00 1,166.00 1,166.00
100-5140-10-03 Salaries - Longevity Pay 1,065.00 1,065.00 1,020.00 95.78 45.00
100-5143-10-03 Cell Phone Allowance 170.00 170.00 - 170.00
100-5145-10-03 Social Security Expense 36,339.00 36,339.00 19,163.99 2,665.07 52.74 17,175.01
100-5150-10-03 Medicare Expense 8,499.00 8,499.00 4,518.66 623.28 53.17 3,980.34
100-5155-10-03 SUTA Expense 1,296.00 1,296.00 215.71 2.65 16.64 1,080.29
100-5160-10-03 Health Insurance 57,598.00 57,598.00 36,146.38 5,223.92 62.76 21,451.62
22
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
100-5165-10-03 Dental Insurance 2,979.00 2,979.00 1,424.60 212.46 47.82 1,554.40
100-5170-10-03 Life Insurance/AD&D 751.00 751.00 463.96 71.64 61.78 287.04
100-5175-10-03 Liability (TML)/Workers' Comp 1,122.00 1,122.00 624.01 87.50 55.62 497.99
100-5180-10-03 TMRS Expense 79,416.00 79,416.00 44,483.50 6,242.25 56.01 34,932.50
100-5185-10-03 Long/Short Term Disability 1,109.00 1,109.00 535.14 82.08 48.25 573.86
100-5186-10-03 WELLE-Wellness Prog Reimb Empl 2,850.00 2,850.00 1,367.48 200.00 47.98 1,482.52
100-5190-10-03 Contract Labor 450.00 450.00 - 450.00
100-5210-10-03 Office Supplies 4,250.00 4,250.00 2,579.61 342.93 60.70 1,670.39
100-5220-10-03 Office Equipment 2,985.00 2,985.00 1,712.11 57.36 1,272.89
100-5230-10-03 Dues,Fees,& Subscriptions 7,787.00 7,787.00 5,373.98 194.90 69.01 2,413.02
100-5240-10-03 Postage and Delivery 2,100.00 2,100.00 1,281.38 139.84 61.02 818.62
100-5280-10-03 Printing and Reproduction 2,000.00 65.00 2,065.00 2,064.42 99.97 0.58
100-5290-10-03 Other Charges and Services 900.00 900.00 900.00
100-5310-10-03 Rental Expense 12,860.00 2,537.00 15,397.00 16,936.95 110.00 - 1,539.95
100-5330-10-03 Copier Expense 2,000.00 - 102.00 1,898.00 687.19 127.65 36.21 1,210.81
100-5400-10-03 Uniform Expense 250.00 245.00 495.00 494.66 99.93 0.34
100-5410-10-03 Professional Services 11,000.00 11,000.00 9,055.00 82.32 1,945.00
100-5412-10-03 Audit Fees 47,500.00 47,500.00 45,125.00 95.00 2,375.00
100-5414-10-03 Appraisal/Tax Fees 137,789.00 137,789.00 77,073.06 55.94 60,715.94
100-5418-10-03 IT Fees 42,703.00 42,703.00 35,634.00 83.45 7,069.00
100-5419-10-03 IT Licenses 10,000.00 - 2,500.00 7,500.00 7,500.00 100.00
100-5430-10-03 Legal Fees 8,500.00 - 245.00 8,255.00 2,278.00 495.85 27.60 5,977.00
100-5435-10-03 Legal Notices/Filings 200.00 200.00 200.00
100-5480-10-03 Contracted Services 1,144.00 1,144.00 - 10.45 - 0.91 1,154.45
100-5520-10-03 Telephones 1,360.00 1,360.00 605.53 11.17 44.52 754.47
100-5525-10-03 Electricity 1,054.00 1,054.00 1,053.27 99.93 0.73
100-5530-10-03 Travel 14,600.00 - 1,054.00 13,546.00 2,711.27 - 104.51 20.02 10,834.73
100-5533-10-03 Mileage Expense 3,608.00 3,608.00 1,566.26 436.83 43.41 2,041.74
100-5536-10-03 Training/Seminars 8,840.00 8,840.00 4,121.47 215.00 46.62 4,718.53
100-7145-10-03 Transfer to VERF 1,819.00 1,819.00 1,061.06 151.58 58.33 757.94
100-5110-10-04 Salaries & Wages 245,305.00 245,305.00 136,266.98 17,574.54 55.55 109,038.02
100-5115-10-04 Salaries - Overtime 51.88 - 51.88
100-5140-10-04 Salaries - Longevity Pay 120.00 120.00 90.00 75.00 30.00
100-5143-10-04 Cell Phone Allowance 900.00 900.00 595.00 85.00 66.11 305.00
100-5145-10-04 Social Security Expense 15,275.00 15,275.00 8,374.36 1,074.45 54.82 6,900.64
100-5150-10-04 Medicare Expense 3,573.00 3,573.00 1,958.51 251.28 54.81 1,614.49
100-5155-10-04 SUTA Expense 486.00 486.00 179.87 37.01 306.13
100-5160-10-04 Health Insurance 19,774.00 19,774.00 8,647.84 1,059.52 43.73 11,126.16
100-5165-10-04 Dental Insurance 1,329.00 1,329.00 514.44 67.96 38.71 814.56
100-5170-10-04 Life Insurance/AD&D 364.00 364.00 237.44 33.92 65.23 126.56
100-5175-10-04 Liability (TML)/Workers' Comp 469.00 469.00 260.34 33.54 55.51 208.66
100-5180-10-04 TMRS Expense 33,381.00 33,381.00 18,501.98 2,391.95 55.43 14,879.02
100-5185-10-04 Long/Short Term Disability 467.00 467.00 240.71 33.38 51.54 226.29
100-5186-10-04 WELLE-Wellness Prog Reimb Empl 1,800.00 1,800.00 613.28 78.32 34.07 1,186.72
23
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
100-5191-10-04 Hiring Cost 20,000.00 - 375.00 19,625.00 13,390.77 342.00 68.23 6,234.23
100-5210-10-04 Office Supplies 1,400.00 1,400.00 1,097.56 78.40 302.44
100-5220-10-04 Office Equipment 4,000.00 4,000.00 4,000.00
100-5230-10-04 Dues,Fees,& Subscriptions 3,500.00 3,500.00 2,247.00 228.50 64.20 1,253.00
100-5240-10-04 Postage and Delivery 150.00 150.00 119.69 0.65 79.79 30.31
100-5250-10-04 Publications 400.00 400.00 400.00
100-5280-10-04 Printing and Reproduction 1,000.00 1,000.00 171.95 17.20 828.05
100-5330-10-04 Copier Expense 2,000.00 2,000.00 1,020.63 204.02 51.03 979.37
100-5400-10-04 Uniform Expense 375.00 375.00 270.48 72.13 104.52
100-5410-10-04 Professional Services 35,000.00 35,000.00 20,522.50 15,000.00 8,000.00 58.64 6,477.50
100-5418-10-04 IT Fees 1,073.00 - 1,073.00
100-5430-10-04 Legal Fees 10,000.00 10,000.00 4,484.00 209.00 44.84 5,516.00
100-5435-10-04 Legal Notices/Filings 150.00 150.00 150.00
100-5480-10-04 Contracted Services 3,000.00 3,000.00 3,000.00
100-5526-10-04 Data Network 480.00 480.00 265.93 37.99 55.40 214.07
100-5530-10-04 Travel 5,500.00 5,500.00 51.00 0.93 5,449.00
100-5533-10-04 Mileage Expense 500.00 500.00 120.34 24.07 379.66
100-5536-10-04 Training/Seminars 15,000.00 15,000.00 1,297.10 789.10 10,200.00 8.65 3,502.90
100-5600-10-04 Special Events 10,000.00 10,000.00 1,798.16 15.03 17.98 8,201.84
100-7145-10-04 Transfer to VERF 731.00 731.00 426.44 60.92 58.34 304.56
100-5110-10-05 Salaries & Wages 246,847.00 246,847.00 125,677.30 19,270.58 50.91 121,169.70
100-5115-10-05 Salaries - Overtime 2,960.00 2,960.00 342.97 49.97 11.59 2,617.03
100-5140-10-05 Salaries - Longevity Pay 310.00 310.00 310.00 100.00
100-5143-10-05 Cell Phone Allowance 4,500.00 4,500.00 2,000.00 375.00 44.44 2,500.00
100-5145-10-05 Social Security Expense 15,796.00 15,796.00 7,161.12 1,090.16 45.34 8,634.88
100-5150-10-05 Medicare Expense 3,694.00 3,694.00 1,674.78 254.95 45.34 2,019.22
100-5155-10-05 SUTA Expense 486.00 486.00 26.89 3.19 5.53 459.11
100-5160-10-05 Health Insurance 33,511.00 33,511.00 18,946.76 2,559.48 56.54 14,564.24
100-5165-10-05 Dental Insurance 1,376.00 1,376.00 658.00 111.76 47.82 718.00
100-5170-10-05 Life Insurance/AD&D 325.00 325.00 188.30 33.60 57.94 136.70
100-5175-10-05 Liability (TML)/Workers' Comp 480.00 480.00 241.19 36.88 50.25 238.81
100-5180-10-05 TMRS Expense 34,513.00 34,513.00 17,203.32 2,631.48 49.85 17,309.68
100-5185-10-05 Long/Short Term Disability 474.00 474.00 219.30 36.62 46.27 254.70
100-5186-10-05 WELLE-Wellness Prog Reimb Empl 1,200.00 1,200.00 700.00 100.00 58.33 500.00
100-5191-10-05 Hiring Cost 500.00 500.00 500.00
100-5210-10-05 Office Supplies 450.00 450.00 591.73 131.50 - 141.73
100-5212-10-05 Building Supplies 500.00 500.00 568.38 113.68 - 68.38
100-5220-10-05 Office Equipment 3,280.00 3,280.00 3,707.16 113.02 - 427.16
100-5225-10-05 Computer Hardware 26,949.00 26,949.00 10,019.41 1,657.40 37.18 16,929.59
100-5230-10-05 Dues,Fees,& Subscriptions 350.00 350.00 366.83 104.81 - 16.83
100-5240-10-05 Postage and Delivery 200.00 200.00 44.81 22.41 155.19
100-5280-10-05 Printing and Reproduction 100.00 100.00 100.00
100-5290-10-05 Other Charges and Services 400.00 400.00 19.14 4.79 380.86
100-5330-10-05 Copier Expense 63,000.00 63,000.00 28,334.43 4,049.01 21,519.20 44.98 13,146.37
24
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
100-5400-10-05 Uniform Expense 1,000.00 1,000.00 294.25 29.43 705.75
100-5418-10-05 IT Fees 29,090.00 29,090.00 20,225.10 904.01 14,389.00 69.53 - 5,524.10
100-5419-10-05 IT Licenses 98,900.00 98,900.00 16,197.76 19.99 16.38 82,702.24
100-5430-10-05 Legal Fees 1,000.00 1,000.00 304.00 57.00 30.40 696.00
100-5480-10-05 Contracted Services 56,828.00 56,828.00 21,569.53 305.00 3,294.00 37.96 31,964.47
100-5520-10-05 Telephones 25,325.00 25,325.00 20,409.32 2,678.23 80.59 4,915.68
100-5526-10-05 Data Network 41,236.00 41,236.00 17,526.27 1,719.83 42.50 23,709.73
100-5530-10-05 Travel 6,600.00 6,600.00 575.48 346.52 8.72 6,024.52
100-5533-10-05 Mileage Expense 1,500.00 1,500.00 286.52 286.52 19.10 1,213.48
100-5536-10-05 Training/Seminars 3,900.00 3,900.00 6,109.37 118.00 156.65 - 2,209.37
100-5620-10-05 Tools & Equipment 250.00 250.00 85.10 34.04 164.90
100-5630-10-05 Safety Equipment 150.00 150.00 150.00
100-6125-10-05 Capital Expense-Technology 41,000.00 41,000.00 41,000.00
100-7145-10-05 Transfer to VERF 16,884.00 16,884.00 9,849.00 1,407.00 58.33 7,035.00
100-5110-10-07 Salaries & Wages 195,170.00 195,170.00 90,518.22 12,761.79 46.38 104,651.78
100-5115-10-07 Salaries - Overtime 270.00 270.00 333.68 123.59 - 63.68
100-5126-10-07 Salaries-Vacation Buy-Out 1,812.96 - 1,812.96
100-5128-10-07 Language Pay 3,000.00 3,000.00 1,450.00 250.00 48.33 1,550.00
100-5140-10-07 Salaries - Longevity Pay 390.00 390.00 310.00 79.49 80.00
100-5145-10-07 Social Security Expense 12,143.00 12,143.00 5,288.85 690.08 43.56 6,854.15
100-5150-10-07 Medicare Expense 2,840.00 2,840.00 1,236.90 161.39 43.55 1,603.10
100-5155-10-07 SUTA Expense 648.00 648.00 143.53 1.00 22.15 504.47
100-5160-10-07 Health Insurance 21,101.00 21,101.00 13,731.16 2,505.72 65.07 7,369.84
100-5165-10-07 Dental Insurance 1,362.00 1,362.00 674.20 106.22 49.50 687.80
100-5170-10-07 Life Insurance/AD&D 348.00 348.00 168.84 28.14 48.52 179.16
100-5175-10-07 Liability (TML)/Workers' Comp 377.00 377.00 177.63 24.44 47.12 199.37
100-5180-10-07 TMRS Expense 26,497.00 26,497.00 12,672.15 1,742.78 47.83 13,824.85
100-5185-10-07 Long/Short Term Disability 325.00 325.00 156.54 24.26 48.17 168.46
100-5186-10-07 WELLE-Wellness Prog Reimb Empl 1,200.00 1,200.00 600.00 100.00 50.00 600.00
100-5210-10-07 Office Supplies 2,650.00 2,650.00 1,805.74 650.20 68.14 844.26
100-5215-10-07 Ammunition 30.00 30.00 30.00
100-5220-10-07 Office Equipment 1,815.00 1,815.00 1,815.00 100.00
100-5230-10-07 Dues,Fees,& Subscriptions 250.00 250.00 40.00 16.00 210.00
100-5240-10-07 Postage and Delivery 2,400.00 2,400.00 2,005.18 269.95 83.55 394.82
100-5250-10-07 Publications 100.00 100.00 347.19 347.19 - 247.19
100-5280-10-07 Printing and Reproduction 1,500.00 1,500.00 318.70 318.70 21.25 1,181.30
100-5290-10-07 Other Charges and Services 675.00 675.00 675.00
100-5310-10-07 Rental Expense 1,610.00 1,610.00 1,016.75 420.24 63.15 593.25
100-5320-10-07 Repairs & Maintenance 500.00 500.00 500.00
100-5330-10-07 Copier Expense 1,850.00 1,850.00 697.67 122.14 37.71 1,152.33
100-5350-10-07 VEHICLE EXPENSE 500.00 500.00 500.00
100-5352-10-07 FUEL 3,000.00 3,000.00 3,000.00
100-5353-10-07 OIL/GREASE/INSPECTIONS 300.00 300.00 300.00
100-5400-10-07 Uniform Expense 1,804.00 1,804.00 1,804.00
25
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
100-5410-10-07 Professional Services 500.00 500.00 500.00
100-5418-10-07 IT Fees 6,100.00 6,100.00 4,853.03 1,381.50 79.56 1,246.97
100-5419-10-07 IT Licenses 8,500.00 8,500.00 3,471.00 1,458.00 40.84 5,029.00
100-5420-10-07 Municipal Court/Judge Fees 46,400.00 46,400.00 22,400.00 3,200.00 19,200.00 48.28 4,800.00
100-5425-10-07 State Fines Expense 2,000.00 2,000.00 1,983.87 188.94 99.19 16.13
100-5430-10-07 Legal Fees 39,000.00 39,000.00 27,004.00 6,971.00 69.24 11,996.00
100-5481-10-07 Cash Over/Short 1.00 - 1.00
100-5530-10-07 Travel 950.00 950.00 118.40 12.46 831.60
100-5533-10-07 Mileage Expense 750.00 750.00 49.70 6.63 700.30
100-5536-10-07 Training/Seminars 1,000.00 1,000.00 250.00 25.00 750.00
100-5630-10-07 Safety Equipment 8,037.00 8,037.00 8,037.00
100-7145-10-07 Transfer to VERF 6,738.00 6,738.00 3,930.50 561.50 58.33 2,807.50
100-5110-10-99 Salaries & Wages - 288,151.00 - 288,151.00 - 288,151.00
100-5176-10-99 TML Prop. & Liab. Insurance 131,000.00 131,000.00 198,301.53 151.38 - 67,301.53
100-5230-10-99 DUES,FEES,& SUBSCRIPTIONS 1,300.00 1,300.00 160.00 12.31 1,140.00
100-5305-10-99 Chapt 380 Program Grant Exp 502,735.00 502,735.00 379,034.33 95,469.28 75.39 123,700.67
100-5306-10-99 Developer Rollback Incentives 39,105.00 39,105.00 14,976.15 38.30 24,128.85
100-5350-10-99 Vehicle Expense 1,500.00 1,500.00 136.09 6.00 9.07 1,363.91
100-5352-10-99 Fuel 1,000.00 1,000.00 462.23 173.01 46.22 537.77
100-5353-10-99 Oil/Grease/Inspections 1,000.00 1,000.00 1,000.00
100-5410-10-99 Professional Services 85,625.00 85,625.00 24,615.51 4,500.00 9,000.00 28.75 52,009.49
100-5415-10-99 Tuition Reimbursement 93,208.00 93,208.00 25,692.06 2,625.00 27.56 67,515.94
100-5480-10-99 Contracted Services 45,000.00 45,000.00 21,000.00 3,000.00 15,000.00 46.67 9,000.00
100-5600-10-99 Special Events 10,000.00 10,000.00 8,456.53 235.12 84.57 1,543.47
100-5930-10-99 Damage Claims Expense 65,000.00 65,000.00 25,392.86 39.07 39,607.14
100-6610-10-99 Public Safety Complex FFE 1,500,000.00 - 1,500,000.00
100-7000-10-99 Contingency 50,000.00 50,000.00 18,780.00 1,500.00 15,920.00 37.56 15,300.00
100-7100-10-99 Operating Transfer Out 788.52 - 788.52
100-7144-10-99 Transfer to Bond Fund 1,500,000.00 1,500,000.00 1,500,000.00 100.00
100-7145-10-99 Transfer to VERF 3,167.00 3,167.00 29,922.44 28,338.92 944.82 - 26,755.44
100-5110-20-01 Salaries & Wages 1,736,482.00 1,736,482.00 753,702.54 109,642.07 43.40 982,779.46
100-5115-20-01 Salaries - Overtime 141,506.00 141,506.00 43,288.36 9,236.99 30.59 98,217.64
100-5126-20-01 Salaries-Vacation Buy-Out 6,367.00 6,367.00 6,367.00 100.00
100-5127-20-01 Salaries-Certification Pay 22,440.00 22,440.00 11,145.60 1,486.08 49.67 11,294.40
100-5140-20-01 Salaries - Longevity Pay 3,760.00 3,760.00 3,660.00 97.34 100.00
100-5143-20-01 Cell Phone Allowance 1,500.00 1,500.00 875.00 125.00 58.33 625.00
100-5145-20-01 Social Security Expense 118,799.00 118,799.00 47,561.09 7,221.29 40.04 71,237.91
100-5150-20-01 Medicare Expense 27,784.00 27,784.00 11,494.95 1,688.85 41.37 16,289.05
100-5155-20-01 SUTA Expense 3,888.00 3,888.00 209.82 4.02 5.40 3,678.18
100-5160-20-01 Health Insurance 157,362.00 157,362.00 79,355.40 10,616.42 50.43 78,006.60
100-5165-20-01 Dental Insurance 8,413.00 8,413.00 3,594.54 547.30 42.73 4,818.46
100-5170-20-01 Life Insurance/AD&D 7,282.00 7,282.00 3,413.62 550.18 46.88 3,868.38
100-5175-20-01 Liability (TML)/Workers' Comp 32,662.00 32,662.00 13,824.98 2,023.53 42.33 18,837.02
100-5180-20-01 TMRS Expense 259,563.00 259,563.00 111,022.66 16,336.55 42.77 148,540.34
26
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
100-5185-20-01 Long/Short Term Disability 3,322.00 3,322.00 1,272.17 198.84 38.30 2,049.83
100-5186-20-01 WELLE-Wellness Prog Reimb Empl 5,700.00 5,700.00 1,050.00 200.00 18.42 4,650.00
100-5191-20-01 Hiring Cost 44.00 44.00 55.00 22.00 125.00 - 11.00
100-5192-20-01 Physical & Psychological 2,110.00 2,110.00 2,550.00 120.85 - 440.00
100-5210-20-01 Office Supplies 11,400.00 11,400.00 4,763.33 794.98 41.78 6,636.67
100-5212-20-01 Building Supplies 322.88 - 322.88
100-5214-20-01 Tactical Supplies 56,875.00 - 20,000.00 36,875.00 24,609.11 15,471.70 5,832.12 66.74 6,433.77
100-5215-20-01 Ammunition 59,879.00 - 9,000.00 50,879.00 43,017.15 1,561.98 2,999.95 84.55 4,861.90
100-5220-20-01 Office Equipment 2,500.00 2,500.00 4,141.99 165.68 - 1,641.99
100-5230-20-01 Dues,Fees,& Subscriptions 7,950.00 7,950.00 1,706.50 369.73 21.47 6,243.50
100-5240-20-01 Postage and Delivery 1,426.00 1,426.00 723.01 151.12 50.70 702.99
100-5250-20-01 Publications 151.00 151.00 151.00
100-5265-20-01 Promotional Expense 500.00 500.00 137.95 27.59 362.05
100-5280-20-01 Printing and Reproduction 800.00 800.00 800.00
100-5290-20-01 Other Charges and Services 16,500.00 - 16,500.00 42.74 - 42.74
100-5310-20-01 Rental Expense 4,410.00 4,410.00 8,198.40 614.15 185.91 - 3,788.40
100-5320-20-01 Repairs & Maintenance 1,000.00 1,000.00 238.46 29.96 23.85 761.54
100-5330-20-01 Copier Expense 2,100.00 2,100.00 1,285.61 327.82 61.22 814.39
100-5340-20-01 Building Repairs 1,000.00 1,000.00 1,346.86 134.69 - 346.86
100-5350-20-01 Vehicle Expense 82,618.00 82,618.00 37,057.56 11,877.62 5,340.00 44.85 40,220.44
100-5352-20-01 Fuel 78,484.00 78,484.00 37,414.86 6,735.25 47.67 41,069.14
100-5353-20-01 Oil/Grease/Inspections 4,700.00 4,700.00 261.23 9.50 5.56 4,438.77
100-5400-20-01 Uniform Expense 28,880.00 28,880.00 29,013.69 6,788.39 100.46 - 133.69
100-5410-20-01 Professional Services 2,260.00 2,260.00 4,195.00 185.62 - 1,935.00
100-5418-20-01 IT Fees 19,090.00 19,090.00 7,015.70 36.75 12,074.30
100-5430-20-01 Legal Fees 14,400.00 14,400.00 13,318.88 5,043.60 92.49 1,081.12
100-5480-20-01 Contracted Services 37,345.00 37,345.00 36,503.78 2,357.33 97.75 841.22
100-5520-20-01 Telephones 7,116.00 7,116.00 1,890.58 269.76 26.57 5,225.42
100-5523-20-01 Water/Sewer Charges 1,500.00 1,500.00 617.43 64.51 41.16 882.57
100-5524-20-01 Gas 1,800.00 1,800.00 1,800.00
100-5525-20-01 Electricity 17,229.00 17,229.00 5,203.69 758.52 30.20 12,025.31
100-5526-20-01 Data Network 7,425.00 7,425.00 6,349.25 874.75 85.51 1,075.75
100-5530-20-01 Travel 3,250.00 3,250.00 3,845.30 1,046.07 118.32 - 595.30
100-5533-20-01 Mileage Expense 802.00 802.00 901.26 112.38 - 99.26
100-5536-20-01 Training/Seminars 36,302.00 36,302.00 19,298.24 3,743.22 53.16 17,003.76
100-5600-20-01 Special Events 5,000.00 5,000.00 120.73 2.42 4,879.27
100-5620-20-01 TOOLS & EQUIPMENT 9,314.00 9,314.00 9,296.61 267.90 99.81 17.39
100-5630-20-01 Safety Equipment 22,786.00 - 8,662.00 14,124.00 1,706.95 610.00 925.00 12.09 11,492.05
100-6110-20-01 Capital Expenditure 50,764.55 50,764.55 50,118.96 98.73 645.59
100-6140-20-01 Capital Expense-Equipment 177,642.00 45,500.00 223,142.00 40,895.00 180,290.65 18.33 1,956.35
100-6160-20-01 Capital Expense-Vehicles 225,829.00 9,587.00 235,416.00 18,894.20 18,894.20 216,102.16 8.03 419.64
100-7145-20-01 Transfer to VERF 315,759.00 315,759.00 184,192.75 26,313.25 58.33 131,566.25
100-5110-20-05 Salaries & Wages 524,563.00 524,563.00 221,910.44 33,265.00 42.30 302,652.56
100-5115-20-05 Salaries - Overtime 10,545.00 10,545.00 16,173.15 1,819.07 153.37 - 5,628.15
27
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
100-5126-20-05 Salaries-Vacation Buy-Out 1,285.00 1,285.00 1,284.80 99.98 0.20
100-5127-20-05 Salaries-Certification Pay 14,460.00 14,460.00 6,673.44 830.72 46.15 7,786.56
100-5140-20-05 Salaries - Longevity Pay 2,265.00 2,265.00 1,865.00 82.34 400.00
100-5145-20-05 Social Security Expense 34,347.00 34,347.00 14,867.91 2,109.53 43.29 19,479.09
100-5150-20-05 Medicare Expense 8,033.00 8,033.00 3,477.19 493.36 43.29 4,555.81
100-5155-20-05 SUTA Expense 1,782.00 1,782.00 77.21 8.63 4.33 1,704.79
100-5160-20-05 Health Insurance 69,261.00 69,261.00 32,022.62 6,759.94 46.24 37,238.38
100-5165-20-05 Dental Insurance 4,653.00 4,653.00 1,875.68 310.90 40.31 2,777.32
100-5170-20-05 Life Insurance/AD&D 1,115.00 1,115.00 478.38 84.42 42.90 636.62
100-5175-20-05 Liability (TML)/Workers' Comp 1,053.00 1,053.00 457.34 67.39 43.43 595.66
100-5180-20-05 TMRS Expense 75,052.00 75,052.00 33,840.18 4,883.82 45.09 41,211.82
100-5185-20-05 Long/Short Term Disability 998.00 998.00 382.95 62.02 38.37 615.05
100-5186-20-05 WELLE-Wellness Prog Reimb Empl 3,300.00 3,300.00 898.24 128.32 27.22 2,401.76
100-5210-20-05 Office Supplies 4,079.00 4,079.00 1,864.01 245.13 45.70 2,214.99
100-5212-20-05 Building Supplies 1,500.00 1,500.00 1,500.00
100-5220-20-05 Office Equipment 4,699.00 4,699.00 1,871.09 39.82 2,827.91
100-5230-20-05 Dues,Fees,& Subscriptions 3,520.00 3,520.00 1,155.21 856.00 32.82 2,364.79
100-5240-20-05 Postage and Delivery 100.00 100.00 100.00
100-5280-20-05 Printing and Reproduction 300.00 300.00 300.00
100-5330-20-05 Copier Expense 600.00 600.00 430.26 83.90 71.71 169.74
100-5340-20-05 Building Repairs 3,000.00 3,000.00 3,000.00
100-5400-20-05 Uniform Expense 1,619.00 1,619.00 1,619.00
100-5419-20-05 IT Licenses 68,791.00 68,791.00 84,635.83 16,545.00 123.03 - 15,844.83
100-5480-20-05 Contracted Services 79,994.00 79,994.00 46,771.96 11,199.96 58.47 33,222.04
100-5520-20-05 Telephones 1,200.00 1,200.00 945.29 134.88 78.77 254.71
100-5523-20-05 Water/Sewer Charges 500.00 500.00 500.00
100-5524-20-05 Gas 1,000.00 1,000.00 633.97 95.94 63.40 366.03
100-5526-20-05 Data Network 255.00 255.00 266.22 104.40 - 11.22
100-5530-20-05 Travel 5,000.00 5,000.00 778.70 287.09 15.57 4,221.30
100-5536-20-05 Training/Seminars 6,500.00 6,500.00 1,248.90 350.00 19.21 5,251.10
100-5600-20-05 Special Events 1,000.00 1,000.00 579.95 254.42 58.00 420.05
100-7145-20-05 Transfer to VERF 901.00 901.00 525.56 75.08 58.33 375.44
100-5110-30-01 Salaries & Wages 2,497,475.00 2,497,475.00 1,416,961.80 194,565.91 56.74 1,080,513.20
100-5115-30-01 Salaries - Overtime 449,699.00 449,699.00 260,554.78 32,809.45 57.94 189,144.22
100-5116-30-01 Salaries - FLSA Overtime 80,452.00 80,452.00 24,614.94 3,606.40 30.60 55,837.06
100-5126-30-01 Salaries-Vacation Buy-Out 5,372.00 5,372.00 2,793.00 51.99 2,579.00
100-5127-30-01 Salaries-Certification Pay 41,820.00 41,820.00 22,640.11 3,184.72 54.14 19,179.89
100-5140-30-01 Salaries - Longevity Pay 10,885.00 10,885.00 10,455.00 96.05 430.00
100-5143-30-01 Cell Phone Allowance 6,345.00 6,345.00 3,510.00 550.00 55.32 2,835.00
100-5145-30-01 Social Security Expense 192,326.00 192,326.00 101,188.26 13,701.02 52.61 91,137.74
100-5150-30-01 Medicare Expense 44,980.00 44,980.00 23,961.51 3,204.26 53.27 21,018.49
100-5155-30-01 SUTA Expense 7,137.00 7,137.00 540.21 - 38.31 7.57 6,596.79
100-5160-30-01 Health Insurance 255,834.00 255,834.00 165,073.31 21,594.50 64.52 90,760.69
100-5165-30-01 Dental Insurance 12,430.00 12,430.00 7,163.11 980.90 57.63 5,266.89
28
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
100-5170-30-01 Life Insurance/AD&D 10,314.00 10,314.00 5,799.64 862.78 56.23 4,514.36
100-5171-30-01 Life Insurance-Supplemental 8,000.00 8,000.00 6,241.00 78.01 1,759.00
100-5175-30-01 Liability (TML)/Workers' Comp 36,192.00 36,192.00 22,549.88 3,053.16 62.31 13,642.12
100-5180-30-01 TMRS Expense 396,000.00 396,000.00 225,894.32 30,722.79 57.04 170,105.68
100-5185-30-01 Long/Short Term Disability 4,378.00 4,378.00 2,299.96 345.76 52.53 2,078.04
100-5186-30-01 WELLE-Wellness Prog Reimb Empl 9,000.00 9,000.00 3,485.64 445.80 38.73 5,514.36
100-5191-30-01 Hiring Cost 500.00 500.00 500.00
100-5194-30-01 FD Annual Phy & Screening 12,600.00 12,600.00 11,035.00 1,565.00
100-5210-30-01 Office Supplies 9,500.00 9,500.00 1,786.03 450.31 18.80 7,713.97
100-5212-30-01 Building Supplies 12,000.00 12,000.00 6,285.58 1,036.06 52.38 5,714.42
100-5220-30-01 Office Equipment 7,460.00 7,460.00 3,935.56 52.76 3,524.44
100-5230-30-01 Dues,Fees,& Subscriptions 10,850.00 10,850.00 6,301.95 646.84 58.08 4,548.05
100-5240-30-01 Postage and Delivery 350.00 350.00 215.06 61.45 134.94
100-5250-30-01 Publications 700.00 700.00 700.00 676.00 100.00
100-5280-30-01 Printing and Reproduction 1,900.00 1,900.00 910.72 704.16 47.93 989.28
100-5290-30-01 Other Charges and Services 4,030.00 4,030.00 2,367.08 58.74 1,662.92
100-5320-30-01 Repairs & Maintenance 20,000.00 20,000.00 5,043.17 597.02 25.22 14,956.83
100-5330-30-01 Copier Expense 3,613.00 3,613.00 1,343.92 249.24 37.20 2,269.08
100-5335-30-01 Radio/Video Equip. and Repairs 6,500.00 6,500.00 2,542.64 1,465.61 39.12 3,957.36
100-5340-30-01 Building Repairs 45,000.00 45,000.00 14,399.66 2,734.93 32.00 30,600.34
100-5350-30-01 Vehicle Expense 60,000.00 60,000.00 42,561.90 1,443.64 70.94 17,438.10
100-5352-30-01 Fuel 25,000.00 25,000.00 14,755.53 1,043.37 59.02 10,244.47
100-5353-30-01 Oil/Grease/Inspections 1,150.00 1,150.00 390.63 34.50 33.97 759.37
100-5400-30-01 Uniform Expense 22,500.00 22,500.00 21,008.20 1,703.72 877.74 93.37 614.06
100-5410-30-01 Professional Services 19,000.00 6,765.00 25,765.00 23,950.00 4,950.00 1,815.00 92.96
100-5419-30-01 IT Licenses 46,492.20 46,492.20 46,492.20 100.00
100-5430-30-01 Legal Fees 4,000.00 4,000.00 1,292.00 437.00 32.30 2,708.00
100-5435-30-01 Legal Notices/Filings 57.60 - 437.00 - 57.60
100-5440-30-01 EMS 97,000.00 97,000.00 69,221.36 13,607.63 5,000.00 71.36 22,778.64
100-5445-30-01 Emergency Management 15,000.00 - 6,765.00 8,235.00 4,325.13 79.50 52.52 3,909.87
100-5480-30-01 Contracted Services 5,742.00 5,742.00 6,996.65 165.95 121.85 - 1,254.65
100-5520-30-01 Telephones 2,292.00 2,292.00 1,538.99 190.72 67.15 753.01
100-5523-30-01 Water/Sewer Charges 15,800.00 15,800.00 5,094.63 578.29 32.24 10,705.37
100-5524-30-01 Gas 4,500.00 4,500.00 2,950.98 152.15 65.58 1,549.02
100-5525-30-01 Electricity 41,500.00 41,500.00 16,307.42 2,118.37 39.30 25,192.58
100-5526-30-01 Data Network 9,820.00 2,000.00 11,820.00 5,402.51 728.93 45.71 6,417.49
100-5530-30-01 Travel 9,778.00 9,778.00 7,769.09 726.97 79.46 2,008.91
100-5533-30-01 Mileage Expense 1,905.00 1,905.00 329.09 329.09 17.28 1,575.91
100-5536-30-01 Training/Seminars 16,500.00 16,500.00 12,346.45 990.74 74.83 4,153.55
100-5610-30-01 Fire Fighting Equipment 10,500.00 10,500.00 3,325.09 2,010.89 31.67 7,174.91
100-5620-30-01 Tools & Equipment 500.00 500.00 16.00 3.20 484.00
100-5630-30-01 Safety Equipment 25,500.00 25,500.00 20,671.17 33.68 7,087.38 81.06 - 2,258.55
100-6110-30-01 Capital Expenditure 123,828.00 104,603.00 228,431.00 8,395.29 220,187.97 3.68 - 152.26
100-6140-30-01 Capital Expense-Equipment 27,750.00 27,750.00 27,190.63 75.00 97.98 559.37
29
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
100-6140-30-01 Aerial Ladder Truck - Equipmen 250,000.00 250,000.00 349.00 0.14 249,651.00
100-6160-30-01 Capital Expense-Vehicles 63,000.00 63,000.00 18.25 62,792.00 0.03 189.75
100-6160-30-01 Aerial Ladder Truck - Vehicle 1,400,000.00 1,400,000.00 416,647.72 29.76 983,352.28
100-6610-30-01 Capital Expense 28,000.00 28,000.00 14,186.20 14,186.20 50.67 13,813.80
100-7145-30-01 Transfer to VERF 749,246.00 749,246.00 437,060.05 62,437.15 58.33 312,185.95
100-5110-30-05 Salaries & Wages 235,840.00 235,840.00 131,531.09 19,639.08 55.77 104,308.91
100-5115-30-05 Salaries - Overtime 24,404.00 24,404.00 9,319.96 2,006.93 38.19 15,084.04
100-5140-30-05 Salaries - Longevity Pay 995.00 995.00 985.00 99.00 10.00
100-5143-30-05 Cell Phone Allowance 2,805.00 2,805.00 1,530.00 255.00 54.55 1,275.00
100-5145-30-05 Social Security Expense 16,350.00 16,350.00 8,262.71 1,256.29 50.54 8,087.29
100-5150-30-05 Medicare Expense 3,824.00 3,824.00 1,932.42 293.80 50.53 1,891.58
100-5155-30-05 SUTA Expense 486.00 486.00 27.00 5.56 459.00
100-5160-30-05 Health Insurance 22,198.00 22,198.00 11,768.12 1,958.28 53.01 10,429.88
100-5165-30-05 Dental Insurance 1,255.00 1,255.00 650.72 105.02 51.85 604.28
100-5170-30-05 Life Insurance/AD&D 810.00 810.00 531.42 93.78 65.61 278.58
100-5175-30-05 Liability (TML)/Workers' Comp 2,622.00 2,622.00 1,598.98 244.10 60.98 1,023.02
100-5180-30-05 TMRS Expense 35,720.00 35,720.00 19,253.14 2,933.04 53.90 16,466.86
100-5185-30-05 Long/Short Term Disability 451.00 451.00 227.64 37.30 50.48 223.36
100-5186-30-05 WELLE-Wellness Prog Reimb Empl 1,650.00 1,650.00 325.00 19.70 1,325.00
100-5193-30-05 Records Retention 250.00 250.00 250.00
100-5194-30-05 FD Annual Phy & Screening 1,678.00 1,678.00 1,620.00 58.00
100-5210-30-05 Office Supplies 350.00 350.00 37.79 10.80 312.21
100-5215-30-05 Ammunition 1,250.00 1,250.00 1,249.12 99.93 0.88
100-5220-30-05 Office Equipment 3,765.00 3,765.00 4,725.87 125.52 - 960.87
100-5230-30-05 Dues,Fees,& Subscriptions 750.00 750.00 145.69 19.43 604.31
100-5240-30-05 Postage and Delivery 100.00 100.00 66.09 66.09 33.91
100-5250-30-05 Publications 1,050.00 1,050.00 1,155.95 669.50 110.09 - 105.95
100-5280-30-05 Printing and Reproduction 500.00 500.00 284.25 56.85 215.75
100-5295-30-05 Public Education/Fire Prevent 4,000.00 4,000.00 2,823.16 70.58 1,176.84
100-5320-30-05 Repairs & Maintenance - 41.19
100-5335-30-05 Radio/Video Equip. and Repairs 500.00 500.00 149.00 149.00 29.80 351.00
100-5350-30-05 Vehicle Expense 5,000.00 5,000.00 174.37 138.37 3.49 4,825.63
100-5352-30-05 Fuel 5,000.00 5,000.00 713.91 14.28 4,286.09
100-5353-30-05 Oil/Grease/Inspections 900.00 900.00 10.25 10.25 1.14 889.75
100-5400-30-05 Uniform Expense 3,550.00 3,550.00 1,917.40 54.01 1,632.60
100-5430-30-05 Legal Fees 2,500.00 2,500.00 1,425.00 57.00 1,075.00
100-5480-30-05 Contracted Services 2,150.00 - 1,022.13 1,127.87 1,127.87
100-5526-30-05 Data Network 1,845.00 1,845.00 797.79 113.97 43.24 1,047.21
100-5530-30-05 Travel 2,924.00 2,924.00 2,949.24 100.86 - 25.24
100-5533-30-05 Mileage Expense 250.00 250.00 250.00
100-5536-30-05 Training/Seminars 5,700.00 5,700.00 3,428.95 1,303.94 60.16 2,271.05
100-5620-30-05 Tools & Equipment 700.00 700.00 628.30 528.35 89.76 71.70
100-5630-30-05 Safety Equipment 8,500.00 8,500.00 2,403.03 33.68 28.27 6,096.97
100-5640-30-05 Signs & Hardware 350.00 350.00 350.00
30
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
100-6140-30-05 Capital Expense-Equipment 5,000.00 1,022.13 6,022.13 6,022.13 100.00
100-6160-30-05 Capital Expense-Vehicles 46,000.00 46,000.00 44,991.50 39,421.68 97.81 1,008.50
100-7145-30-05 Transfer to VERF 15,953.00 15,953.00 9,305.94 1,329.42 58.33 6,647.06
100-5110-40-01 Salaries & Wages 973,958.00 973,958.00 533,504.00 74,295.39 54.78 440,454.00
100-5115-40-01 Salaries - Overtime 7,500.00 7,500.00 324.46 235.10 4.33 7,175.54
100-5140-40-01 Salaries - Longevity Pay 2,840.00 2,840.00 2,630.00 92.61 210.00
100-5143-40-01 Cell Phone Allowance 3,900.00 3,900.00 2,755.00 405.00 70.64 1,145.00
100-5145-40-01 Social Security Expense 61,295.00 61,295.00 30,655.94 4,229.79 50.01 30,639.06
100-5150-40-01 Medicare Expense 14,336.00 14,336.00 7,169.54 989.24 50.01 7,166.46
100-5155-40-01 SUTA Expense 2,592.00 2,592.00 268.03 3.23 10.34 2,323.97
100-5160-40-01 Health Insurance 128,249.00 128,249.00 72,067.96 9,592.56 56.19 56,181.04
100-5165-40-01 Dental Insurance 6,820.00 6,820.00 3,703.90 517.72 54.31 3,116.10
100-5170-40-01 Life Insurance/AD&D 1,776.00 1,776.00 984.90 150.08 55.46 791.10
100-5175-40-01 Liability (TML)/Workers' Comp 3,494.00 3,494.00 1,916.76 261.98 54.86 1,577.24
100-5180-40-01 TMRS Expense 133,952.00 133,952.00 72,757.46 10,121.56 54.32 61,194.54
100-5185-40-01 Long/Short Term Disability 1,851.00 1,851.00 946.60 141.16 51.14 904.40
100-5186-40-01 WELLE-Wellness Prog Reimb Empl 3,450.00 3,450.00 817.82 167.48 23.71 2,632.18
100-5210-40-01 Office Supplies 5,300.00 5,300.00 1,885.69 - 116.18 35.58 3,414.31
100-5212-40-01 Building Supplies - 7.19
100-5220-40-01 Office Equipment 4,655.00 4,655.00 3,534.46 212.99 75.93 1,120.54
100-5230-40-01 Dues,Fees,& Subscriptions 1,700.00 1,700.00 1,044.00 - 1,317.00 61.41 656.00
100-5240-40-01 Postage and Delivery 50.00 50.00 1.39 2.78 48.61
100-5250-40-01 Publications 19,019.00 19,019.00 15,879.60 214.90 83.49 3,139.40
100-5280-40-01 Printing and Reproduction 1,000.00 1,000.00 288.41 28.84 711.59
100-5290-40-01 Other Charges and Services 277.00 - 277.00
100-5330-40-01 Copier Expense 2,000.00 2,000.00 1,614.53 395.87 80.73 385.47
100-5350-40-01 Vehicle Expense 5,545.00 5,545.00 1,852.79 140.48 33.41 3,692.21
100-5352-40-01 Fuel 9,700.00 9,700.00 2,860.96 29.49 6,839.04
100-5353-40-01 Oil/Grease/Inspections 1,485.00 1,485.00 458.54 30.88 1,026.46
100-5400-40-01 Uniform Expense 3,750.00 3,750.00 2,575.94 446.85 68.69 1,174.06
100-5410-40-01 Professional Services 474,500.00 474,500.00 171,048.48 160,789.68 78,451.52 36.05 225,000.00
100-5418-40-01 IT Fees 50,882.00 50,882.00 50,381.50 99.02 500.50
100-5419-40-01 IT Licenses 2,500.00 2,500.00 2,500.00
100-5430-40-01 Legal Fees 5,500.00 5,500.00 1,478.00 38.00 26.87 4,022.00
100-5465-40-01 Public Relations 500.00 500.00 105.00 21.00 395.00
100-5475-40-01 Credit Card Fees 7,506.02 1,385.63 - 7,506.02
100-5480-40-01 Contracted Services 3,000.00 3,000.00 2,152.95 71.77 847.05
100-5526-40-01 Data Network 4,320.00 4,320.00 2,386.02 341.91 55.23 1,933.98
100-5530-40-01 Travel 9,746.00 9,746.00 9,746.00
100-5533-40-01 Mileage Expense 2,214.00 2,214.00 117.17 117.17 5.29 2,096.83
100-5536-40-01 Training/Seminars 16,020.00 16,020.00 6,241.61 4,405.40 38.96 9,778.39
100-5620-40-01 Tools & Equipment 1,450.00 1,450.00 582.00 - 81.22 40.14 868.00
100-5630-40-01 Safety Equipment 1,750.00 1,750.00 978.43 55.91 771.57
100-7145-40-01 Transfer to VERF 31,757.00 31,757.00 18,524.94 2,646.42 58.33 13,232.06
31
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
100-5110-40-02 Salaries & Wages 118,004.00 118,004.00 70,873.28 9,469.19 60.06 47,130.72
100-5115-40-02 Salaries - Overtime 400.00 400.00 400.00
100-5140-40-02 Salaries - Longevity Pay 510.00 510.00 505.00 99.02 5.00
100-5143-40-02 Cell Phone Allowance 900.00 900.00 900.00
100-5145-40-02 Social Security Expense 7,432.00 7,432.00 4,131.78 544.74 55.59 3,300.22
100-5150-40-02 Medicare Expense 1,739.00 1,739.00 966.30 127.40 55.57 772.70
100-5155-40-02 SUTA Expense 324.00 324.00 18.00 5.56 306.00
100-5160-40-02 Health Insurance 16,882.00 16,882.00 9,172.24 1,310.32 54.33 7,709.76
100-5165-40-02 Dental Insurance 884.00 884.00 507.76 67.10 57.44 376.24
100-5170-40-02 Life Insurance/AD&D 233.00 233.00 131.32 18.76 56.36 101.68
100-5175-40-02 Liability (TML)/Workers' Comp 504.00 504.00 301.23 39.98 59.77 202.77
100-5180-40-02 TMRS Expense 16,243.00 16,243.00 9,713.40 1,289.85 59.80 6,529.60
100-5185-40-02 Long/Short Term Disability 225.00 225.00 125.72 18.00 55.88 99.28
100-5186-40-02 WELLE-Wellness Prog Reimb Empl 600.00 600.00 350.00 50.00 58.33 250.00
100-5210-40-02 Office Supplies 500.00 500.00 43.18 8.64 456.82
100-5220-40-02 Office Equipment 200.00 200.00 735.13 735.13 367.57 - 535.13
100-5230-40-02 Dues,Fees,& Subscriptions 1,068.00 1,068.00 330.00 30.90 738.00
100-5240-40-02 Postage and Delivery 750.00 750.00 204.78 33.00 27.30 545.22
100-5280-40-02 Printing and Reproduction 400.00 400.00 125.41 31.35 274.59
100-5330-40-02 Copier Expense 17.31 3.49 - 17.31
100-5350-40-02 Vehicle Expense 2,150.00 2,150.00 3,330.25 167.39 154.90 - 1,180.25
100-5352-40-02 Fuel 1,440.00 1,440.00 502.90 34.92 937.10
100-5353-40-02 Oil/Grease/Inspections 340.00 340.00 34.69 10.20 305.31
100-5400-40-02 Uniform Expense 600.00 600.00 600.00
100-5418-40-02 IT Fees 440.00 - 440.00
100-5430-40-02 Legal Fees 2,250.00 2,250.00 589.00 26.18 1,661.00
100-5435-40-02 Legal Notices/Filings 250.00 250.00 60.00 24.00 190.00
100-5480-40-02 Contracted Services 109,200.00 109,200.00 66,862.75 21,609.25 32,199.25 61.23 10,138.00
100-5520-40-02 Telephones 510.00 510.00 529.94 75.60 103.91 - 19.94
100-5526-40-02 Data Network 912.00 912.00 522.42 75.98 57.28 389.58
100-5530-40-02 Travel 2,580.00 2,580.00 150.15 5.82 2,429.85
100-5533-40-02 Mileage Expense 350.00 350.00 459.24 131.21 - 109.24
100-5536-40-02 Training/Seminars 2,410.00 2,410.00 1,002.03 65.00 41.58 1,407.97
100-5600-40-02 Special Events 250.00 250.00 250.00
100-5620-40-02 Tools & Equipment 400.00 400.00 142.65 142.65 35.66 257.35
100-5640-40-02 Signs & Hardware 500.00 500.00 284.45 56.89 215.55
100-7145-40-02 Transfer to VERF 8,619.00 8,619.00 5,027.75 718.25 58.33 3,591.25
100-5110-40-03 Salaries & Wages 401,827.00 401,827.00 216,511.81 28,944.44 53.88 185,315.19
100-5115-40-03 Salaries - Overtime 2,000.00 2,000.00 1,197.63 54.10 59.88 802.37
100-5126-40-03 Salaries-Vacation Buy-Out 3,662.00 3,662.00 2,743.60 74.92 918.40
100-5140-40-03 Salaries - Longevity Pay 1,370.00 1,370.00 1,365.00 99.64 5.00
100-5143-40-03 Cell Phone Allowance 2,460.00 2,460.00 1,610.00 230.00 65.45 850.00
100-5145-40-03 Social Security Expense 25,520.00 25,520.00 12,817.97 1,661.63 50.23 12,702.03
100-5150-40-03 Medicare Expense 5,969.00 5,969.00 2,997.75 388.60 50.22 2,971.25
32
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
100-5155-40-03 SUTA Expense 810.00 810.00 142.27 17.56 667.73
100-5160-40-03 Health Insurance 53,405.00 53,405.00 36,955.56 4,334.28 69.20 16,449.44
100-5165-40-03 Dental Insurance 2,333.00 2,333.00 1,360.53 182.44 58.32 972.47
100-5170-40-03 Life Insurance/AD&D 615.00 615.00 355.44 51.42 57.80 259.56
100-5175-40-03 Liability (TML)/Workers' Comp 1,072.00 1,072.00 586.21 77.42 54.68 485.79
100-5180-40-03 TMRS Expense 55,772.00 55,772.00 30,154.15 3,948.16 54.07 25,617.85
100-5185-40-03 Long/Short Term Disability 764.00 764.00 382.64 54.98 50.08 381.36
100-5186-40-03 WELLE-Wellness Prog Reimb Empl 1,800.00 1,800.00 856.64 139.16 47.59 943.36
100-5210-40-03 Office Supplies 6,100.00 6,100.00 2,322.39 357.72 38.07 3,777.61
100-5220-40-03 Office Equipment 1,420.00 1,420.00 1,575.09 32.49 110.92 - 155.09
100-5230-40-03 Dues,Fees,& Subscriptions 3,200.00 3,200.00 2,632.98 82.28 567.02
100-5240-40-03 Postage and Delivery 550.00 550.00 93.94 1.00 17.08 456.06
100-5280-40-03 Printing and Reproduction 2,000.00 2,000.00 2,000.00
100-5290-40-03 Other Charges and Services 125.28 - 125.28
100-5330-40-03 Copier Expense 3,000.00 3,000.00 1,103.34 208.49 36.78 1,896.66
100-5400-40-03 Uniform Expense 750.00 750.00 321.30 42.84 428.70
100-5410-40-03 Professional Services 109,500.00 65,079.99 174,579.99 109,296.50 2,866.50 52,361.36 62.61 12,922.13
100-5418-40-03 IT Fees 2,000.00 2,000.00 1,007.50 50.38 992.50
100-5419-40-03 IT Licenses 2,106.00 2,545.01 4,651.01 4,651.01 100.00
100-5430-40-03 Legal Fees 15,000.00 15,000.00 5,479.00 722.00 36.53 9,521.00
100-5435-40-03 Legal Notices/Filings 1,899.00 1,899.00 1,899.00 100.00
100-5480-40-03 Contracted Services 3,000.00 3,000.00 3,000.00
100-5520-40-03 Telephones 750.00 750.00 750.00
100-5526-40-03 Data Network 3,360.00 3,360.00 2,127.44 303.92 63.32 1,232.56
100-5530-40-03 Travel 5,000.00 5,000.00 1,365.79 330.18 27.32 3,634.21
100-5533-40-03 Mileage Expense 600.00 600.00 332.61 186.12 55.44 267.39
100-5536-40-03 Training/Seminars 4,730.00 4,730.00 2,230.78 140.00 47.16 2,499.22
100-7145-40-03 Transfer to VERF 1,328.00 1,328.00 774.69 110.67 58.34 553.31
100-5110-50-01 Salaries & Wages 276,167.00 276,167.00 132,390.11 19,179.44 47.94 143,776.89
100-5115-50-01 Salaries - Overtime 6,100.00 6,100.00 2,788.49 499.92 45.71 3,311.51
100-5140-50-01 Salaries - Longevity Pay 1,840.00 1,840.00 1,795.00 97.55 45.00
100-5145-50-01 Social Security Expense 17,625.00 17,625.00 7,808.07 1,138.45 44.30 9,816.93
100-5150-50-01 Medicare Expense 4,122.00 4,122.00 1,826.10 266.26 44.30 2,295.90
100-5155-50-01 SUTA Expense 972.00 972.00 45.00 1.50 4.63 927.00
100-5160-50-01 Health Insurance 57,175.00 57,175.00 24,622.67 2,768.04 43.07 32,552.33
100-5165-50-01 Dental Insurance 2,640.00 2,640.00 1,146.91 169.74 43.44 1,493.09
100-5170-50-01 Life Insurance/AD&D 616.00 616.00 290.78 46.90 47.21 325.22
100-5175-50-01 Liability (TML)/Workers' Comp 9,780.00 9,780.00 4,921.84 712.00 50.33 4,858.16
100-5180-50-01 TMRS Expense 38,513.00 38,513.00 18,644.44 2,680.11 48.41 19,868.56
100-5185-50-01 Long/Short Term Disability 526.00 526.00 226.55 35.74 43.07 299.45
100-5186-50-01 WELLE-Wellness Prog Reimb Empl 1,650.00 1,650.00 700.00 100.00 42.42 950.00
100-5210-50-01 Office Supplies 1,000.00 1,000.00 1,000.00
100-5220-50-01 Office Equipment 3,142.00 3,142.00 3,142.00
100-5230-50-01 Dues,Fees,& Subscriptions 400.00 400.00 100.00 25.00 300.00
33
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
100-5310-50-01 Rental Expense 36,000.00 36,000.00 14,022.67 518.82 38.95 21,977.33
100-5320-50-01 Repairs & Maintenance 2,600.00 2,600.00 2,600.00
100-5321-50-01 Signal Light Repairs 15,000.00 4,000.00 19,000.00 14,020.64 409.31 5,508.00 73.79 - 528.64
100-5340-50-01 Building Repairs 2,500.00 2,500.00 1,488.96 59.56 1,011.04
100-5350-50-01 Vehicle Expense 14,000.00 - 2,000.00 12,000.00 10,065.64 1,866.59 83.88 1,934.36
100-5351-50-01 Equipment Expense/Repair 2,000.00 2,000.00 3,252.43 2,434.38 162.62 - 1,252.43
100-5352-50-01 Fuel 9,000.00 9,000.00 3,811.49 36.84 42.35 5,188.51
100-5353-50-01 Oil/Grease/Inspections 400.00 1,000.00 1,400.00 1,021.77 10.25 72.98 378.23
100-5400-50-01 Uniform Expense 4,800.00 4,800.00 2,608.20 647.76 54.34 2,191.80
100-5410-50-01 Coleman (Gorgeous-Prosper Trl) 375,000.00 - 375,000.00
100-5430-50-01 Legal Fees 11,627.00 11,627.00 76.00 0.65 11,551.00
100-5480-50-01 Contracted Services 1,277,625.00 105,411.00 1,383,036.00 155,682.56 2,800.00 113,153.65 11.26 1,114,199.79
100-5520-50-01 Telephones 1,788.00 1,788.00 850.66 121.38 47.58 937.34
100-5523-50-01 Water/Sewer Charges 300.00 300.00 168.98 28.72 56.33 131.02
100-5525-50-01 Electricity 3,000.00 3,000.00 1,750.00 250.00 58.33 1,250.00
100-5526-50-01 Data Network 100.00 120.00 220.00 134.76 24.21 61.26 85.24
100-5527-50-01 Electricity - Street Lights 184,300.00 184,300.00 129,474.07 18,851.16 70.25 54,825.93
100-5530-50-01 Travel 600.00 600.00 600.00
100-5536-50-01 Training/Seminars 2,400.00 741.00 3,141.00 3,141.00 100.00
100-5620-50-01 Tools & Equipment 7,700.00 7,700.00 3,276.88 170.64 42.56 4,423.12
100-5630-50-01 Safety Equipment 4,800.00 4,800.00 1,474.32 654.36 30.72 3,325.68
100-5640-50-01 Signs & Hardware 55,000.00 55,000.00 17,244.96 2,987.81 31.35 37,755.04
100-5650-50-01 Maintenance Materials 103,600.00 - 861.00 102,739.00 55,692.99 11,881.85 14,624.28 54.21 32,421.73
100-6110-50-01 Capital Expenditure 730,000.00 - 585,000.00 145,000.00 145,000.00
100-6140-50-01 Capital Expense-Equipment 81,278.00 81,278.00 77,472.00 3,806.00
100-6160-50-01 Capital Expense-Vehicles 46,100.00 46,100.00 38,854.36 38,854.36 84.28 7,245.64
100-7144-50-01 Transfer to Bond Fund 960,000.00 960,000.00 960,000.00 585,000.00 100.00
100-7145-50-01 Transfer to VERF 33,608.00 33,608.00 19,604.69 2,800.67 58.33 14,003.31
100-5212-50-05 BUILDING SUPPLIES 13,425.00 13,425.00 541.92 191.44 4.04 12,883.08
100-5340-50-05 BUILDING REPAIRS 435.05 100.80 - 435.05
100-5480-50-05 CONTRACTED SERVICES 130,000.00 130,000.00 65,137.43 9,708.18 64,862.57 50.11
100-5523-50-05 WATER/SEWER CHARGES 9,000.00 9,000.00 2,715.74 395.09 30.18 6,284.26
100-5524-50-05 GAS 200.00 200.00 200.00
100-5525-50-05 ELECTRICITY 120,000.00 120,000.00 46,309.48 6,869.95 38.59 73,690.52
100-5110-60-01 Salaries & Wages 315,866.00 - 12,000.00 303,866.00 160,568.03 22,487.66 52.84 143,297.97
100-5115-60-01 Salaries - Overtime 500.00 500.00 3,863.42 806.89 772.68 - 3,363.42
100-5140-60-01 Salaries - Longevity Pay 795.00 795.00 630.00 79.25 165.00
100-5143-60-01 Cell Phone Allowance 2,940.00 2,940.00 1,650.00 230.00 56.12 1,290.00
100-5145-60-01 Social Security Expense 19,854.00 19,854.00 9,625.62 1,375.25 48.48 10,228.38
100-5150-60-01 Medicare Expense 4,644.00 4,644.00 2,251.15 321.63 48.47 2,392.85
100-5155-60-01 SUTA Expense 648.00 648.00 29.12 2.12 4.49 618.88
100-5160-60-01 Health Insurance 34,464.00 34,464.00 21,189.00 2,293.70 61.48 13,275.00
100-5165-60-01 Dental Insurance 1,848.00 1,848.00 845.40 106.76 45.75 1,002.60
100-5170-60-01 Life Insurance/AD&D 465.00 465.00 178.78 20.26 38.45 286.22
34
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
100-5175-60-01 Liability (TML)/Workers' Comp 2,663.00 2,663.00 1,472.76 200.60 55.31 1,190.24
100-5180-60-01 TMRS Expense 43,392.00 43,392.00 22,436.37 3,168.48 51.71 20,955.63
100-5185-60-01 Long/Short Term Disability 600.00 600.00 273.85 38.72 45.64 326.15
100-5186-60-01 WELLE-Wellness Prog Reimb Empl 1,800.00 1,800.00 624.12 89.16 34.67 1,175.88
100-5210-60-01 Office Supplies 2,000.00 2,000.00 381.23 - 1.40 19.06 1,618.77
100-5212-60-01 Building Supplies 500.00 500.00 212.13 86.56 42.43 287.87
100-5220-60-01 Office Equipment 1,841.11 - 1,841.11
100-5230-60-01 Dues,Fees,& Subscriptions 2,500.00 2,500.00 450.00 18.00 2,050.00
100-5240-60-01 Postage and Delivery 50.00 50.00 7.73 15.46 42.27
100-5280-60-01 Printing and Reproduction 150.00 150.00 152.05 65.92 101.37 - 2.05
100-5330-60-01 Copier Expense 2,800.00 2,800.00 857.80 561.46 30.64 1,942.20
100-5340-60-01 Building Repairs 68,500.00 29,000.00 97,500.00 4,271.83 3,257.63 84,064.49 4.38 9,163.68
100-5352-60-01 Fuel 28.00 - 28.00
100-5400-60-01 Uniform Expense 400.00 400.00 400.00
100-5410-60-01 Professional Services 74,000.00 - 39,000.00 35,000.00 24,070.09 3,700.00 15,929.91 68.77 - 5,000.00
100-5410-60-01 Prof Svcs. Town Hall Open Spac 52,000.00 52,000.00 11,725.38 7,663.63 18,750.62 22.55 21,524.00
100-5419-60-01 IT Licenses 600.00 600.00 378.60 63.10 221.40
100-5430-60-01 Legal Fees 7,500.00 7,500.00 3,432.00 1,615.00 45.76 4,068.00
100-5435-60-01 Legal Notices/Filings 250.00 250.00 237.60 95.04 12.40
100-5480-60-01 Contracted Services 3,120.00 3,120.00 4,500.00 600.00 144.23 - 1,380.00
100-5520-60-01 Telephones 420.00 420.00 252.01 35.96 60.00 167.99
100-5523-60-01 Water/Sewer Charges 1,180.00 1,180.00 378.64 55.22 32.09 801.36
100-5524-60-01 GAS 2,275.00 2,275.00 505.45 5.78 22.22 1,769.55
100-5525-60-01 Electricity 6,570.00 - 4,000.00 2,570.00 1,174.61 151.38 45.71 1,395.39
100-5526-60-01 Data Network 6,000.00 6,000.00 872.34 137.89 14.54 5,127.66
100-5530-60-01 Travel 4,000.00 4,000.00 123.05 93.05 3.08 3,876.95
100-5533-60-01 Mileage Expense 2,000.00 2,000.00 551.42 123.41 27.57 1,448.58
100-5536-60-01 Training/Seminars 7,500.00 7,000.00 14,500.00 2,467.87 400.00 17.02 12,032.13
100-5600-60-01 Special Events 140,000.00 140,000.00 99,837.99 6,887.99 11,812.50 71.31 28,349.51
100-5601-60-01 Event - Prosper Christmas 79,300.00 79,300.00 78,018.53 - 1,970.00 98.38 3,251.47
100-7145-60-01 Transfer to VERF 1,979.00 1,979.00 1,154.44 164.92 58.34 824.56
100-5110-60-02 Salaries & Wages 884,606.00 884,606.00 453,214.85 65,675.61 51.23 431,391.15
100-5115-60-02 Salaries - Overtime 16,117.00 16,117.00 9,375.81 1,709.55 58.17 6,741.19
100-5126-60-02 Salaries-Vacation Buy-Out 14,485.00 14,485.00 3,778.08 26.08 10,706.92
100-5140-60-02 Salaries - Longevity Pay 4,600.00 4,600.00 4,465.00 97.07 135.00
100-5143-60-02 Cell Phone Allowance 4,860.00 4,860.00 4,230.00 750.00 87.04 630.00
100-5145-60-02 Social Security Expense 57,567.00 57,567.00 26,846.33 3,836.76 46.64 30,720.67
100-5150-60-02 Medicare Expense 13,464.00 13,464.00 6,278.58 897.30 46.63 7,185.42
100-5155-60-02 SUTA Expense 3,240.00 3,240.00 339.50 8.66 10.48 2,900.50
100-5160-60-02 Health Insurance 176,901.00 176,901.00 120,530.20 16,064.60 68.13 56,370.80
100-5165-60-02 Dental Insurance 7,776.00 7,776.00 3,985.24 585.18 51.25 3,790.76
100-5170-60-02 Life Insurance/AD&D 2,078.00 2,078.00 1,125.60 178.22 54.17 952.40
100-5175-60-02 Liability (TML)/Workers' Comp 17,425.00 17,425.00 9,138.29 1,339.00 52.44 8,286.71
100-5180-60-02 TMRS Expense 120,597.00 120,597.00 64,086.34 9,180.49 53.14 56,510.66
35
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
100-5185-60-02 Long/Short Term Disability 1,691.00 1,691.00 793.40 123.53 46.92 897.60
100-5186-60-02 WELLE-Wellness Prog Reimb Empl 6,150.00 6,150.00 2,410.30 367.48 39.19 3,739.70
100-5210-60-02 Office Supplies 500.00 500.00 723.17 144.63 - 223.17
100-5212-60-02 Building Supplies 1,500.00 1,500.00 946.31 63.09 553.69
100-5213-60-02 Custodial Supplies 6,000.00 6,000.00 2,871.53 649.84 47.86 3,128.47
100-5220-60-02 Office Equipment 3,461.00 3,461.00 2,458.39 249.99 71.03 1,002.61
100-5230-60-02 Dues,Fees,& Subscriptions 1,238.00 1,238.00 2,041.15 135.00 164.88 - 803.15
100-5310-60-02 Rental Expense 41,000.00 41,000.00 26,683.00 2,805.00 11,220.00 65.08 3,097.00
100-5320-60-02 Repairs & Maintenance 69,410.00 - 21,000.00 48,410.00 20,038.76 2,562.83 41.39 28,371.24
100-5322-60-02 Irrigation Repairs 13,000.00 13,000.00 5,575.63 1,482.44 42.89 7,424.37
100-5323-60-02 Field Maintenance 54,150.00 54,150.00 15,715.01 810.91 12,690.00 29.02 25,744.99
100-5324-60-02 Landscape Maintenance 15,000.00 15,000.00 6,658.08 2,938.50 44.39 8,341.92
100-5330-60-02 Copier Expense 237.00 237.00 86.61 13.00 36.54 150.39
100-5350-60-02 Vehicle Expense 8,000.00 8,000.00 3,992.24 1,440.58 49.90 4,007.76
100-5351-60-02 Equipment Expense/Repair 2,856.51 1,780.74 - 2,856.51
100-5352-60-02 Fuel 15,470.00 15,470.00 5,443.25 35.19 10,026.75
100-5353-60-02 Oil/Grease/Inspections 1,500.00 1,500.00 1,357.40 55.19 90.49 142.60
100-5355-60-02 Chemicals/Fertilizer 136,510.00 136,510.00 32,381.33 17,500.96 36,000.00 23.72 68,128.67
100-5400-60-02 Uniform Expense 11,635.00 11,635.00 7,710.60 66.27 3,924.40
100-5480-60-02 Contracted Services 282,632.00 969.23 283,601.23 106,138.18 26,970.40 135,704.00 37.43 41,759.05
100-5520-60-02 Telephones 4,165.00 4,165.00 2,005.67 286.14 48.16 2,159.33
100-5523-60-02 Water/Sewer Charges 179,788.00 179,788.00 26,073.56 4,509.03 14.50 153,714.44
100-5525-60-02 Electricity 160,000.00 160,000.00 81,529.60 13,084.32 50.96 78,470.40
100-5526-60-02 Data Network 800.00 800.00 265.93 37.99 33.24 534.07
100-5530-60-02 Travel 4,305.00 4,305.00 2,267.47 52.67 2,037.53
100-5533-60-02 Mileage Expense 150.00 150.00 336.82 224.55 - 186.82
100-5536-60-02 Training/Seminars 4,170.00 4,170.00 925.00 22.18 3,245.00
100-5620-60-02 Tools & Equipment 4,350.00 4,350.00 1,502.82 630.84 34.55 2,847.18
100-5630-60-02 Safety Equipment 2,995.00 2,995.00 589.11 19.67 2,405.89
100-5640-60-02 Signs & Hardware 6,200.00 6,200.00 2,780.04 320.43 44.84 3,419.96
100-6140-60-02 Capital Expense-Equipment 65,000.00 - 3,469.23 61,530.77 33,736.00 54.83 27,794.77
100-6160-60-02 Capital Expense-Vehicles 66,600.00 2,500.00 69,100.00 71,780.24 3,494.00 - 391.76 103.88 - 2,288.48
100-7145-60-02 Transfer to VERF 73,415.00 73,415.00 42,825.44 6,117.92 58.33 30,589.56
100-5110-60-03 Salaries & Wages 99,567.00 - 10,000.00 89,567.00 26,429.55 3,523.94 29.51 63,137.45
100-5140-60-03 Salaries - Longevity Pay 290.00 290.00 290.00
100-5143-60-03 CELL PHONE ALLOWANCE 440.00 440.00 440.00
100-5145-60-03 Social Security Expense 6,192.00 6,192.00 1,613.87 214.96 26.06 4,578.13
100-5150-60-03 Medicare Expense 1,448.00 1,448.00 377.44 50.27 26.07 1,070.56
100-5155-60-03 SUTA Expense 324.00 324.00 91.68 28.30 232.32
100-5160-60-03 Health Insurance 5,522.00 5,522.00 4,382.44 518.92 79.36 1,139.56
100-5165-60-03 Dental Insurance 363.00 363.00 245.06 32.40 67.51 117.94
100-5170-60-03 Life Insurance/AD&D 159.00 159.00 65.66 9.38 41.30 93.34
100-5175-60-03 Liability (TML)/Workers' Comp 888.00 888.00 462.45 61.66 52.08 425.55
100-5180-60-03 TMRS Expense 13,523.00 13,523.00 3,579.08 477.49 26.47 9,943.92
36
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
100-5185-60-03 Long/Short Term Disability 190.00 190.00 46.90 6.70 24.68 143.10
100-5186-60-03 WELLE-Wellness Prog Reimb Empl 550.00 550.00 550.00
100-5210-60-03 Office Supplies 150.00 150.00 150.00
100-5220-60-03 Office Equipment 3,350.00 3,350.00 3,350.00
100-5230-60-03 Dues,Fees,& Subscriptions 85.00 85.00 15.00 15.00 17.65 70.00
100-5240-60-03 Postage and Delivery 4,330.00 4,330.00 64.39 1.49 4,265.61
100-5260-60-03 Advertising 2,000.00 2,000.00 2,000.00
100-5280-60-03 Printing and Reproduction 3,115.00 3,115.00 327.53 10.52 2,787.47
100-5475-60-03 Credit Card Fees 1,535.59 353.26 - 1,535.59
100-5520-60-03 Telephones 525.00 525.00 525.00
100-5533-60-03 Mileage Expense 23.14 - 23.14
100-5536-60-03 Training/Seminars 200.00 200.00 200.00
100-5600-60-03 Special Events 28,725.00 28,725.00 4,866.75 90.80 16.94 23,858.25
100-5995-60-03 Recreation Activities 59,500.00 59,500.00 15,465.53 5,927.93 25.99 44,034.47
100-5110-60-05 Salaries & Wages 296,805.00 - 24,150.00 272,655.00 149,403.88 21,768.78 54.80 123,251.12
100-5126-60-05 Salaries-Vacation Buy-Out 2,122.00 2,122.00 2,121.32 99.97 0.68
100-5140-60-05 Salaries - Longevity Pay 270.00 270.00 265.00 98.15 5.00
100-5145-60-05 Social Security Expense 18,555.00 18,555.00 9,163.23 1,293.90 49.38 9,391.77
100-5150-60-05 Medicare Expense 4,339.00 4,339.00 2,143.04 302.62 49.39 2,195.96
100-5155-60-05 SUTA Expense 1,296.00 1,296.00 336.66 10.71 25.98 959.34
100-5160-60-05 Health Insurance 27,909.00 27,909.00 11,551.92 1,799.42 41.39 16,357.08
100-5165-60-05 Dental Insurance 1,715.00 1,715.00 420.92 99.66 24.54 1,294.08
100-5170-60-05 Life Insurance/AD&D 580.00 580.00 127.19 20.26 21.93 452.81
100-5175-60-05 Liability (TML)/Workers' Comp 649.00 649.00 327.68 46.60 50.49 321.32
100-5180-60-05 TMRS Expense 32,961.00 32,961.00 12,663.23 1,871.29 38.42 20,297.77
100-5185-60-05 Long/Short Term Disability 458.00 458.00 160.01 26.24 34.94 297.99
100-5186-60-05 WELLE-Wellness Prog Reimb Empl 2,400.00 2,400.00 2,400.00
100-5210-60-05 Office Supplies 3,995.00 3,995.00 4,325.02 696.86 108.26 - 330.02
100-5212-60-05 Building Supplies 54.94 - 54.94
100-5220-60-05 Office Equipment 9,200.00 1,600.00 10,800.00 6,434.49 3,182.99 - 3,045.00 59.58 7,410.51
100-5230-60-05 Dues,Fees,& Subscriptions 5,500.00 14,900.00 20,400.00 1,802.98 27.94 8.84 18,597.02
100-5240-60-05 Postage and Delivery 400.00 400.00 338.14 77.77 84.54 61.86
100-5280-60-05 Printing and Reproduction 400.00 400.00 554.97 138.74 - 154.97
100-5281-60-05 Book Purchases 28,000.00 13,300.00 41,300.00 29,318.02 2,822.16 5,981.86 70.99 6,000.12
100-5282-60-05 DVD Purchases 1,500.00 1,500.00 1,205.90 283.42 80.39 294.10
100-5283-60-05 Audiobook Purchases 1,700.00 - 1,000.00 700.00 279.29 39.90 420.71
100-5284-60-05 Other Collect. Item Purchases 6,617.00 - 850.00 5,767.00 3,339.43 6.48 57.91 2,427.57
100-5290-60-05 Other Charges and Services 2,000.00 2,000.00 1,317.54 220.66 65.88 682.46
100-5330-60-05 Copier Expense 900.00 900.00 802.84 146.40 89.20 97.16
100-5400-60-05 Uniform Expense 1,300.00 1,300.00 341.90 26.30 958.10
100-5430-60-05 Legal Fees 600.00 600.00 114.00 19.00 486.00
100-5480-60-05 Contracted Services 13,000.00 - 4,800.00 8,200.00 8,095.00 98.72 105.00
100-5520-60-05 Telephones 980.00 980.00 327.93 92.54 33.46 652.07
100-5526-60-05 Data Network 213.23 - 14.71 - 213.23
37
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
100-5530-60-05 Travel 2,000.00 2,000.00 1,244.10 62.21 755.90
100-5533-60-05 Mileage Expense 750.00 750.00 352.24 315.12 46.97 397.76
100-5536-60-05 Training/Seminars 1,000.00 1,000.00 442.76 44.28 557.24
100-5600-60-05 Special Events 2,000.00 1,000.00 3,000.00 327.06 107.71 10.90 2,672.94
100-7145-60-05 TRANSFER TO VERF 660.00 660.00 385.00 55.00 58.33 275.00
100-5110-98-01 Salaries & Wages 789,919.00 159,186.00 949,105.00 408,737.82 65,872.56 43.07 540,367.18
100-5115-98-01 Salaries - Overtime 700.00 700.00 203.83 29.12 496.17
100-5126-98-01 Salaries-Vacation Buy-Out 11,971.00 11,971.00 5,248.06 43.84 6,722.94
100-5140-98-01 Salaries - Longevity Pay 2,025.00 2,025.00 1,890.00 93.33 135.00
100-5145-98-01 Social Security Expense 49,914.00 49,914.00 22,403.90 3,856.58 44.89 27,510.10
100-5150-98-01 Medicare Expense 11,674.00 11,674.00 5,648.20 901.95 48.38 6,025.80
100-5155-98-01 SUTA Expense 1,296.00 1,296.00 72.00 5.56 1,224.00
100-5160-98-01 Health Insurance 85,883.00 85,883.00 44,938.46 5,395.58 52.33 40,944.54
100-5165-98-01 Dental Insurance 3,676.00 3,676.00 1,652.91 218.20 44.97 2,023.09
100-5170-98-01 Life Insurance/AD&D 933.00 933.00 491.66 70.88 52.70 441.34
100-5175-98-01 Liability (TML)/Workers' Comp 2,090.00 2,090.00 1,129.74 171.37 54.06 960.26
100-5180-98-01 TMRS Expense 109,072.00 109,072.00 49,103.49 6,564.63 45.02 59,968.51
100-5185-98-01 Long/Short Term Disability 1,501.00 1,501.00 627.06 91.70 41.78 873.94
100-5186-98-01 WELLE-Wellness Prog Reimb Empl 2,250.00 2,250.00 1,100.00 200.00 48.89 1,150.00
100-5191-98-01 Hiring Cost 357.40 - 357.40
100-5210-98-01 Office Supplies 2,500.00 20,515.00 23,015.00 1,175.51 275.08 5.11 21,839.49
100-5220-98-01 Office Equipment 5,245.00 25,250.00 30,495.00 5,532.98 18.14 24,962.02
100-5230-98-01 Dues,Fees,& Subscriptions 3,449.00 3,449.00 3,449.00
100-5240-98-01 Postage and Delivery 280.00 280.00 159.72 18.50 57.04 120.28
100-5250-98-01 Publications 346.00 346.00 346.00
100-5280-98-01 Printing and Reproduction 100.00 100.00 267.57 267.57 267.57 - 167.57
100-5290-98-01 Other Charges and Services 128.64 - 128.64
100-5330-98-01 Copier Expense 840.00 840.00 1,095.18 207.68 130.38 - 255.18
100-5400-98-01 Uniform Expense 700.00 700.00 334.46 47.78 365.54
100-5410-98-01 Professional Services 39,485.00 21,500.00 60,985.00 33,200.00 8,400.00 15,600.00 54.44 12,185.00
100-5410-98-01 First/BNSF RR Overpass 40,000.00 40,000.00 39,000.00 1,000.00
100-5410-98-01 Prosper Trl/BNSF RR Overpass 40,000.00 40,000.00 39,000.00 1,000.00
100-5419-98-01 IT Licenses 1,750.00 1,750.00 1,750.00
100-5430-98-01 Legal Fees 10,000.00 10,000.00 10,326.90 2,577.90 103.27 - 326.90
100-5435-98-01 Legal Notices/Filings 2,400.00 2,400.00 883.20 - 212.00 36.80 1,516.80
100-5480-98-01 Contracted Services 960.00 960.00 960.00
100-5520-98-01 Telephones 3,395.00 3,395.00 1,425.07 155.51 41.98 1,969.93
100-5526-98-01 Data Network 480.00 480.00 480.00
100-5530-98-01 Travel 1,400.00 1,400.00 539.96 504.96 38.57 860.04
100-5533-98-01 Mileage Expense 4,025.00 4,025.00 4,699.41 1,020.80 116.76 - 674.41
100-5536-98-01 Training/Seminars 3,359.00 3,359.00 1,719.63 60.00 51.20 1,639.37
100-5620-98-01 Tools & Equipment 1,000.00 1,000.00 39.79 3.98 960.21
100-6160-98-01 Capital Expense - Vehicles 56,000.00 56,000.00 56,000.00
100-7145-98-01 Transfer to VERF 1,690.00 1,690.00 985.81 140.83 58.33 704.19
38
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
120-4120-20-01 Sales Taxes - 1,227,504.00 - 1,227,504.00 - 485,464.03 - 96,693.65 39.55 - 742,039.97
120-4610-20-01 Interest Income - 5,000.00 - 5,000.00 - 5,000.00
120-5110-20-01 Salaries & Wages 813,449.00 813,449.00 474,992.58 57,890.69 58.39 338,456.42
120-5115-20-01 Salaries - Overtime 3,695.00 3,695.00 35,955.00 7,366.53 973.07 - 32,260.00
120-5126-20-01 Salaries-Vacation Buy-Out 1,513.00 1,513.00 1,512.40 99.96 0.60
120-5127-20-01 Salaries-Certification Pay 15,900.00 15,900.00 10,972.30 1,324.52 69.01 4,927.70
120-5140-20-01 Salaries - Longevity Pay 2,410.00 2,410.00 2,400.00 99.59 10.00
120-5145-20-01 Social Security Expense 51,700.00 51,700.00 30,972.04 3,914.86 59.91 20,727.96
120-5150-20-01 Medicare Expense 12,091.00 12,091.00 7,243.44 915.55 59.91 4,847.56
120-5155-20-01 SUTA Expense 1,953.00 1,953.00 261.00 13.36 1,692.00
120-5160-20-01 Health Insurance 104,981.00 104,981.00 64,663.64 7,789.80 61.60 40,317.36
120-5165-20-01 Dental Insurance 5,146.00 5,146.00 3,001.88 381.96 58.33 2,144.12
120-5170-20-01 Life Insurance/AD&D 4,637.00 4,637.00 2,563.32 343.86 55.28 2,073.68
120-5175-20-01 Liability (TML) Workers' Comp 15,094.00 15,094.00 9,318.24 1,163.21 61.74 5,775.76
120-5180-20-01 TMRS Expense 112,989.00 112,989.00 71,338.71 9,040.68 63.14 41,650.29
120-5185-20-01 Long/Short Term Disability 1,546.00 1,546.00 808.80 109.15 52.32 737.20
120-5186-20-01 WELLE-Wellness Prog Reimb Empl 2,400.00 2,400.00 974.12 139.16 40.59 1,425.88
120-5215-20-01 Ammunition 8,881.00 8,881.00 8,881.00
120-5350-20-01 Vehicle Expense 3,137.40 3,137.40 3,137.40
120-5400-20-01 Uniforms 14,234.50 14,234.50 14,234.50
120-5536-20-01 Training/Seminars 4,697.80 4,697.80 4,697.80
120-5620-20-01 Tools and Equipment 52,049.30 52,049.30 48,510.05 25,983.55 30.00 93.20 3,509.25
130-4120-30-01 Sales Taxes - 1,227,504.00 - 1,227,504.00 - 485,703.52 - 97,036.98 39.57 - 741,800.48
130-4610-30-01 Interest Income - 5,000.00 - 5,000.00 - 5,000.00
130-5110-30-01 Salaries & Wages 805,179.00 805,179.00 460,656.04 60,444.37 57.21 344,522.96
130-5115-30-01 Salaries - Overtime 5,681.00 5,681.00 65,851.60 7,702.51 1,159.16 - 60,170.60
130-5116-30-01 Salaries - FLSA Overtime 2,000.00 2,000.00 9,193.25 1,079.69 459.66 - 7,193.25
130-5127-30-01 Salaries-Certification Pay 10,980.00 10,980.00 6,369.57 867.74 58.01 4,610.43
130-5140-30-01 Salaries - Longevity Pay 2,160.00 2,160.00 1,090.00 50.46 1,070.00
130-5145-30-01 Social Security Expense 49,282.00 49,282.00 31,735.93 3,973.62 64.40 17,546.07
130-5150-30-01 Medicare Expense 11,526.00 11,526.00 7,422.10 929.31 64.39 4,103.90
130-5155-30-01 SUTA Expense 1,944.00 1,944.00 296.31 15.24 1,647.69
130-5160-30-01 Health Insurance 123,024.00 123,024.00 78,325.28 12,016.46 63.67 44,698.72
130-5165-30-01 Dental Insurance 5,706.00 5,706.00 2,960.99 386.38 51.89 2,745.01
130-5170-30-01 Life Insurance/AD&D 4,637.00 4,637.00 2,563.32 375.12 55.28 2,073.68
130-5175-30-01 Liability (TML) Workers' Comp 12,118.00 12,118.00 7,799.58 1,002.61 64.36 4,318.42
130-5180-30-01 TMRS Expense 110,936.00 110,936.00 73,687.19 9,527.24 66.42 37,248.81
130-5185-30-01 Long/Short Term Disability 1,531.00 1,531.00 799.31 112.36 52.21 731.69
130-5186-30-01 WELLE-Wellness Prog Reimb Empl 1,800.00 1,800.00 987.40 217.48 54.86 812.60
130-5191-30-01 Hiring Cost 500.00 500.00 500.00
130-5194-30-01 FD Annual Phy & Screening 11,000.00 11,000.00 11,000.00
130-5400-30-01 Uniforms 19,000.00 19,000.00 17,016.49 1,983.51 89.56
130-5480-30-01 Contracted Services 5,000.00 5,000.00 5,000.00
130-5536-30-01 Training/Seminars 14,500.00 14,500.00 14,500.00
39
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
130-5610-30-01 Fire Fighting Equipment 9,500.00 9,500.00 480.30 5.06 9,019.70
130-5630-30-01 Safety Equipment 24,500.00 24,500.00 368.93 19,388.94 1.51 4,742.13
150-4015-10-00 Water Impact Fees - 125,000.00 - 125,000.00 - 19,868.00 15.89 - 105,132.00
150-4020-10-00 Wastewater Impact Fees - 75,000.00 - 75,000.00 - 11,852.00 15.80 - 63,148.00
150-4040-10-00 East Thoroughfare Impact Fees - 300,000.00 - 300,000.00 - 84,209.70 28.07 - 215,790.30
150-4110-10-00 Property Taxes (Town)- 290,232.00 - 290,232.00 - 340,626.29 117.36 50,394.29
150-4111-10-00 Property Taxes (County)- 83,081.00 - 83,081.00 - 73,603.64 - 73,603.64 88.59 - 9,477.36
150-4120-10-00 Sales Taxes (Town)- 450,000.00 - 450,000.00 - 247,434.11 - 46,134.05 54.99 - 202,565.89
150-4121-10-00 Sales Taxes (PEDC)- 390,000.00 - 390,000.00 - 207,226.04 - 38,637.26 53.14 - 182,773.96
150-4610-10-00 Interest Income - 5,000.00 - 5,000.00 - 7,321.40 - 2,649.29 146.43 2,321.40
150-4995-10-00 Transfer In - 1,448.91 1,448.91
150-5435-10-00 Legal Notices/Filings 74.00 - 74.00
150-5820-10-00 Town Ad Valorem Tax Rebate 1,718,313.00 1,718,313.00 1,718,313.00
160-4041-10-00 W Thoro Impact Fee - 325,500.00 - 325,500.00 - 325,500.00
160-4110-10-00 Property Taxes (Town)- 15,053.00 - 15,053.00 - 15,052.54 100.00 - 0.46
160-4111-10-00 Property Taxes (County)- 4,308.00 - 4,308.00 - 3,738.01 - 3,738.01 86.77 - 569.99
160-4120-10-00 Sales Taxes (Town)- 150.00 - 150.00 - 5.85 3.90 - 144.15
160-4121-10-00 Sales Taxes (PEDC)- 150.00 - 150.00 - 5.85 3.90 - 144.15
160-4610-10-00 Interest Income - 1,000.00 - 1,000.00 - 362.42 - 97.67 36.24 - 637.58
160-5810-10-00 W Thoro Impact Fee Rebate 346,161.00 346,161.00 346,161.00
200-4000-10-08 W/S Service Initiation - 80,000.00 - 80,000.00 - 47,230.00 - 7,430.00 59.04 - 32,770.00
200-4007-10-08 Sanitation - 1,377,830.00 - 1,377,830.00 - 671,199.28 - 100,395.24 48.71 - 706,630.72
200-4009-10-08 Late Fee-W/S - 99,225.00 - 99,225.00 - 79,456.07 - 9,107.13 80.08 - 19,768.93
200-4200-10-99 T-Mobile Fees - 69,210.00 - 69,210.00 - 21,082.27 - 3,316.31 30.46 - 48,127.73
200-4201-10-99 Tierone Converged Network - 18,000.00 - 18,000.00 - 10,898.00 - 1,898.00 60.54 - 7,102.00
200-4205-10-99 Rise Broadband - 31,482.00 - 31,482.00 - 14,921.34 - 2,167.70 47.40 - 16,560.66
200-4206-10-99 Verizon Antennae Lease - 32,200.00 - 32,200.00 - 32,200.00 100.00
200-4005-50-02 Water Revenue - 10,980,047.00 - 10,980,047.00 - 4,093,457.90 - 654,819.69 37.28 - 6,886,589.10
200-4010-50-02 Connection Tap & Construction - 800,000.00 - 800,000.00 - 404,026.00 - 67,900.00 50.50 - 395,974.00
200-4012-50-02 Saturday Inspection Fee - 2,500.00 - 2,500.00 - 7,200.00 - 3,150.00 288.00 4,700.00
200-4018-50-02 Internet Cr. Card Fees - 42,665.96 - 5,628.21 42,665.96
200-4019-50-02 Cr. Card Pmt Fees - 11,430.64 - 1,540.01 11,430.64
200-4060-50-02 NSF Fees - 1,850.00 - 1,850.00 - 850.00 - 175.00 45.95 - 1,000.00
200-4243-50-02 Backflow Prevention Inspection - 39,552.00 - 39,552.00 - 28,675.00 - 4,600.00 72.50 - 10,877.00
200-4610-50-02 Interest Income - 98,752.00 - 98,752.00 - 92,876.45 - 14,638.23 94.05 - 5,875.55
200-4910-50-02 Other Revenue - 120,000.00 - 120,000.00 - 124,934.76 - 21,098.93 104.11 4,934.76
200-4006-50-03 Sewer - 5,921,457.00 - 5,921,457.00 - 3,584,652.53 - 523,603.88 60.54 - 2,336,804.47
200-4010-50-03 Connection Tap & Construction - 350,000.00 - 350,000.00 - 168,400.00 - 28,800.00 48.11 - 181,600.00
200-4910-50-03 Other Revenue - 23.82 23.82
200-5110-10-08 Salaries & Wages 199,482.00 199,482.00 109,604.77 14,789.80 54.95 89,877.23
200-5115-10-08 Salaries - Overtime 3,500.00 3,500.00 480.02 480.02 13.72 3,019.98
200-5126-10-08 Salaries-Vacation Buy-Out 1,375.00 1,375.00 1,334.84 97.08 40.16
200-5140-10-08 Salaries - Longevity Pay 1,295.00 1,295.00 1,290.00 99.61 5.00
200-5145-10-08 Social Security Expense 12,760.00 12,760.00 6,710.03 910.25 52.59 6,049.97
40
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
200-5150-10-08 Medicare Expense 2,985.00 2,985.00 1,569.29 212.88 52.57 1,415.71
200-5155-10-08 SUTA Expense 648.00 648.00 71.79 11.08 576.21
200-5160-10-08 Health Insurance 28,078.00 28,078.00 17,003.60 2,214.80 60.56 11,074.40
200-5165-10-08 Dental Insurance 1,800.00 1,800.00 1,028.35 135.86 57.13 771.65
200-5170-10-08 Life Insurance/AD&D 465.00 465.00 262.64 37.52 56.48 202.36
200-5175-10-08 Liability (TML)/Workers' Comp 391.00 391.00 215.32 28.99 55.07 175.68
200-5180-10-08 TMRS Expense 27,886.00 27,886.00 15,357.78 2,082.62 55.07 12,528.22
200-5185-10-08 Long/Short Term Disability 379.00 379.00 194.25 28.12 51.25 184.75
200-5186-10-08 WELLE-Wellness Prog Reimb-Empl 1,800.00 1,800.00 700.00 100.00 38.89 1,100.00
200-5210-10-08 Office Supplies 2,440.00 2,440.00 1,795.46 200.62 73.58 644.54
200-5220-10-08 Office Equipment 1,400.00 1,400.00 607.97 43.99 43.43 792.03
200-5230-10-08 Dues,Fees,& Subscriptions 100.00 100.00 96.90 96.90 3.10
200-5240-10-08 Postage and Delivery 47,811.00 47,811.00 23,597.94 3,936.52 49.36 24,213.06
200-5270-10-08 Bank Charges 50,000.00 - 50,000.00
200-5280-10-08 Printing and Reproduction 4,330.00 4,330.00 3,298.76 358.80 76.18 1,031.24
200-5290-10-08 Other Charges and Services 600.00 600.00 600.00
200-5330-10-08 Copier Expense 1,386.00 675.00 2,061.00 1,487.70 301.40 72.18 573.30
200-5400-10-08 Uniform Expense 226.00 226.00 215.38 95.30 10.62
200-5418-10-08 IT Fees 6,725.00 6,725.00 4,965.50 73.84 1,759.50
200-5430-10-08 Legal Fees 3,150.00 3,150.00 57.00 1.81 3,093.00
200-5470-10-08 Trash Collection 1,287,692.00 1,287,692.00 628,822.58 93,136.34 48.83 658,869.42
200-5475-10-08 CREDIT CARD FEES 50,000.00 50,000.00 63,053.41 8,537.81 126.11 - 13,053.41
200-5479-10-08 Household Haz. Waste Disposal 7,800.00 7,800.00 2,960.00 200.00 37.95 4,840.00
200-5480-10-08 Contracted Services 10,800.00 10,800.00 5,609.47 856.15 51.94 5,190.53
200-5481-10-08 Cash Short/Over 60.00 100.00 - 60.00
200-5520-10-08 Telephones 720.00 720.00 252.01 35.96 35.00 467.99
200-5530-10-08 Travel 1,400.00 1,400.00 1,400.00
200-5533-10-08 Mileage Expense 600.00 600.00 600.00
200-5536-10-08 Training/Seminars 1,050.00 1,050.00 803.49 76.52 246.51
200-5600-10-08 Special Events 900.00 - 675.00 225.00 249.79 55.19 111.02 - 24.79
200-7145-10-08 Transfer to VERF 887.00 887.00 517.44 73.92 58.34 369.56
200-7147-10-08 Transfer to GF 45,594.00 45,594.00 26,596.50 3,799.50 58.33 18,997.50
200-5110-10-99 Salaries & Wages - 49,272.00 - 49,272.00 - 49,272.00
200-5176-10-99 TML-Prop & Liab Insurance 55,000.00 55,000.00 66,100.51 120.18 - 11,100.51
200-5295-10-99 General Fund Franchise Fee 295,298.00 295,298.00 172,257.19 24,608.17 58.33 123,040.81
200-5415-10-99 Tuition Reimbursement 12,040.00 12,040.00 2,236.06 18.57 9,803.94
200-5480-10-99 Contracted Services 7,702.50 7,702.50 17,177.50 - 24,880.00
200-6186-10-99 2013 Bond Payment 220,000.00 220,000.00 220,000.00
200-6193-10-99 2012 CO Bond Payment 286,350.00 286,350.00 286,350.00 100.00
200-6200-10-99 Bond Issuance Costs 600.00 600.00 - 5,064.29 - 5,064.29 - 844.05 5,664.29
200-6201-10-99 2014 GO Bond Payment 375,000.00 375,000.00 375,000.00
200-6202-10-99 2014 CO Bond Payment 485,000.00 485,000.00 485,000.00
200-6205-10-99 2016 GO Bond Payment 413,200.00 413,200.00 413,200.00 100.00
200-6210-10-99 2018 CO Bond Payment 300,000.00 300,000.00 300,000.00 100.00
41
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
200-6299-10-99 Bond Interest Expense 1,413,576.00 1,413,576.00 768,835.45 644,740.55 54.39
200-6610-10-99 Old Town Streets - W/S Portion 143,273.93 143,273.93 147,263.23 358.46 102.78 - 3,989.30
200-7000-10-99 Contingency 50,000.00 50,000.00 15,950.00 1,500.00 14,000.00 31.90 20,050.00
200-5110-50-02 Salaries & Wages 1,184,475.00 1,184,475.00 651,646.05 92,850.96 55.02 532,828.95
200-5115-50-02 Salaries - Overtime 38,400.00 38,400.00 41,401.26 4,713.96 107.82 - 3,001.26
200-5126-50-02 Salaries-Vacation Buy-Out 4,272.00 4,272.00 1,631.60 38.19 2,640.40
200-5140-50-02 Salaries - Longevity Pay 5,055.00 5,055.00 4,200.00 83.09 855.00
200-5145-50-02 Social Security Expense 76,616.00 76,616.00 41,087.31 5,746.31 53.63 35,528.69
200-5150-50-02 Medicare Expense 17,918.00 17,918.00 9,670.27 1,343.92 53.97 8,247.73
200-5155-50-02 SUTA Expense 3,888.00 3,888.00 425.48 4.56 10.94 3,462.52
200-5160-50-02 Health Insurance 187,489.00 187,489.00 106,244.97 14,232.00 56.67 81,244.03
200-5165-50-02 Dental Insurance 8,970.00 8,970.00 4,547.76 614.58 50.70 4,422.24
200-5170-50-02 Life Insurance/AD&D 2,543.00 2,543.00 1,434.75 217.04 56.42 1,108.25
200-5175-50-02 Liability (TML)/Workers' Comp 25,040.00 25,040.00 13,431.36 1,863.08 53.64 11,608.64
200-5180-50-02 TMRS Expense 167,424.00 167,424.00 95,114.99 13,284.89 56.81 72,309.01
200-5185-50-02 Long/Short Term Disability 2,255.00 2,255.00 1,124.81 173.19 49.88 1,130.19
200-5186-50-02 WELLE-Wellness Prog Reimb-Empl 9,150.00 9,150.00 3,480.76 478.32 38.04 5,669.24
200-5210-50-02 Office Supplies 3,500.00 3,500.00 1,733.45 14.76 49.53 1,766.55
200-5212-50-02 Building Supplies 3,800.00 3,800.00 1,574.00 66.51 41.42 2,226.00
200-5220-50-02 Office Equipment 5,742.00 5,742.00 3,845.73 349.99 66.98 1,896.27
200-5230-50-02 Dues,Fees,& Subscriptions 13,144.00 11,129.00 24,273.00 24,316.21 97.00 100.18 - 43.21
200-5240-50-02 Postage and Delivery 2,900.00 2,900.00 1,030.94 437.40 35.55 1,869.06
200-5280-50-02 Printing and Reproduction 3,000.00 3,000.00 837.92 730.92 27.93 2,162.08
200-5310-50-02 Rental Expense 9,420.00 9,420.00 4,749.54 50.42 4,670.46
200-5320-50-02 Repairs & Maintenance 3,600.00 3,600.00 3,600.00
200-5330-50-02 Copier Expense 1,600.00 1,600.00 1,584.81 414.20 99.05 15.19
200-5340-50-02 Building Repairs 5,000.00 5,000.00 3,755.08 75.10 1,244.92
200-5350-50-02 Vehicle Expense 37,700.00 - 3,000.00 34,700.00 24,908.37 4,723.21 71.78 9,791.63
200-5351-50-02 Equipment Expense/Repair 3,000.00 3,000.00 5,201.46 3,828.57 173.38 - 2,201.46
200-5352-50-02 Fuel 31,500.00 31,500.00 14,654.34 640.20 46.52 16,845.66
200-5353-50-02 Oil/Grease/Inspections 2,600.00 2,600.00 719.28 59.98 27.67 1,880.72
200-5400-50-02 Uniform Expense 19,700.00 19,700.00 9,992.78 2,551.10 50.73 9,707.22
200-5410-50-02 Professional Services 18,400.00 18,400.00 5,875.91 12,524.09 31.93
200-5418-50-02 IT Fees 116.00 - 116.00
200-5419-50-02 IT Licenses 30,080.00 30,080.00 30,080.00
200-5430-50-02 Legal Fees 1,000.00 1,000.00 152.00 76.00 15.20 848.00
200-5480-50-02 Contracted Services 63,118.00 14,600.00 77,718.00 57,691.27 6,114.65 19,150.00 74.23 876.73
200-5520-50-02 Telephones 10,726.00 10,726.00 5,267.37 1,030.18 49.11 5,458.63
200-5523-50-02 Water/Sewer Charges 11,000.00 11,000.00 3,477.66 666.91 31.62 7,522.34
200-5524-50-02 Gas 2,000.00 2,000.00 1,358.56 67.93 641.44
200-5525-50-02 Electricity 268,100.00 - 7,000.00 261,100.00 140,568.86 19,861.28 53.84 120,531.14
200-5526-50-02 Data Network 4,320.00 4,320.00 2,569.04 365.93 59.47 1,750.96
200-5530-50-02 Travel 2,300.00 2,300.00 70.93 3.08 2,229.07
200-5533-50-02 Mileage Expense 500.00 500.00 500.00
42
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
200-5536-50-02 Training/Seminars 15,000.00 15,000.00 9,559.35 750.00 63.73 5,440.65
200-5540-50-02 Water Testing 7,960.00 7,960.00 1,904.29 1,065.00 23.92 6,055.71
200-5545-50-02 Meter Purchases 409,900.00 409,900.00 246,352.94 28,597.32 60.10 163,547.06
200-5550-50-02 Water Purchases 5,349,510.00 - 25,000.00 5,324,510.00 2,967,045.57 423,864.00 55.72 2,357,464.43
200-5600-50-02 Special Events 10,000.00 - 3,000.00 7,000.00 4,380.93 2,832.65 62.59 2,619.07
200-5620-50-02 Tools & Equipment 20,000.00 20,000.00 10,220.19 3,108.49 51.10 9,779.81
200-5630-50-02 Safety Equipment 12,700.00 12,700.00 3,782.32 29.78 8,917.68
200-5640-50-02 Signs & Hardware 600.00 600.00 530.00 88.33 70.00
200-5650-50-02 Maintenance Materials 3,500.00 3,000.00 6,500.00 6,132.30 500.59 94.34 367.70
200-5660-50-02 Chemical Supplies 15,000.00 15,000.00 14,146.99 3,674.54 94.31 853.01
200-5670-50-02 System Improvements 137,300.00 - 4,551.11 132,748.89 80,273.76 14,372.05 60.47 52,475.13
200-6110-50-02 EW Collector (Cook-DNT) 250,000.00 - 250,000.00
200-6110-50-02 Custer Rd Meter Stat/WL Reloc 290,325.00 - 290,325.00
200-6125-50-02 CAPITAL EXPENSE-TECHNOLOGY 56,686.00 56,686.00 45,530.00 11,156.00 80.32
200-6140-50-02 Capital Expense-Equipment 9,742.00 12,886.81 22,628.81 22,628.81 100.00
200-6160-50-02 Capital Expense-Vehicles 46,385.00 - 2,714.70 43,670.30 43,670.30 43,670.30 100.00
200-7144-50-02 Transfer to Capital Projects 540,325.00 540,325.00 540,325.00 100.00
200-7145-50-02 Transfer to VERF 248,208.00 248,208.00 144,788.00 20,684.00 58.33 103,420.00
200-7147-50-02 Transfer to GF 601,725.00 601,725.00 351,005.77 50,143.67 58.33 250,719.23
200-5110-50-03 Salaries & Wages 465,161.00 465,161.00 212,275.50 32,030.41 45.64 252,885.50
200-5115-50-03 Salaries - Overtime 25,700.00 25,700.00 20,503.25 1,831.88 79.78 5,196.75
200-5126-50-03 Salaries-Vacation Buy-Out 2,189.00 2,189.00 1,062.40 48.53 1,126.60
200-5140-50-03 Salaries - Longevity Pay 1,990.00 1,990.00 1,370.00 68.84 620.00
200-5145-50-03 Social Security Expense 29,664.00 29,664.00 13,735.73 1,935.40 46.30 15,928.27
200-5150-50-03 Medicare Expense 8,398.00 8,398.00 3,212.39 452.66 38.25 5,185.61
200-5155-50-03 SUTA Expense 1,944.00 1,944.00 399.73 8.08 20.56 1,544.27
200-5160-50-03 Health Insurance 75,645.00 75,645.00 54,976.54 9,022.62 72.68 20,668.46
200-5165-50-03 Dental Insurance 4,432.00 4,432.00 1,830.80 313.00 41.31 2,601.20
200-5170-50-03 Life Insurance/AD&D 1,152.00 1,152.00 586.45 94.00 50.91 565.55
200-5175-50-03 Liability (TML)/Workers' Comp 11,033.00 11,033.00 5,446.31 815.38 49.36 5,586.69
200-5180-50-03 TMRS Expense 67,400.00 67,400.00 31,983.29 4,607.20 47.45 35,416.71
200-5185-50-03 Long/Short Term Disability 887.00 887.00 363.60 58.36 40.99 523.40
200-5186-50-03 WELLE-Wellness Prog Reimb-Empl 3,750.00 3,750.00 974.12 139.16 25.98 2,775.88
200-5210-50-03 Office Supplies 2,725.00 2,725.00 1,240.95 45.54 1,484.05
200-5212-50-03 Building Supplies 600.00 600.00 600.00
200-5220-50-03 Office Equipment 4,700.00 4,700.00 1,966.62 41.84 2,733.38
200-5230-50-03 Dues,Fees,& Subscriptions 19,755.00 - 1,000.00 18,755.00 13,842.97 333.00 73.81 4,912.03
200-5240-50-03 Postage and Delivery 1,000.00 1,000.00 2.88 0.29 997.12
200-5280-50-03 Printing and Reproduction 400.00 400.00 400.00
200-5310-50-03 Rental Expense 7,000.00 10,000.00 17,000.00 12,612.91 1,772.57 74.19 4,387.09
200-5320-50-03 Repairs & Maintenance 20,000.00 20,000.00 20,000.00
200-5335-50-03 Radio/Video Repairs 500.00 500.00 500.00
200-5340-50-03 Building Repairs 1,000.00 1,000.00 103.83 10.38 896.17
200-5350-50-03 Vehicle Expense 16,000.00 - 2,000.00 14,000.00 11,913.81 4,136.54 85.10 2,086.19
43
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
200-5351-50-03 Equipment Expense/Repair 2,000.00 2,000.00 2,065.38 1,065.50 103.27 - 65.38
200-5352-50-03 Fuel 10,700.00 10,700.00 9,769.12 309.22 91.30 930.88
200-5353-50-03 Oil/Grease/Inspections 1,200.00 1,200.00 573.91 120.25 47.83 626.09
200-5400-50-03 Uniform Expense 11,600.00 11,600.00 5,318.71 1,534.01 45.85 6,281.29
200-5419-50-03 IT Licenses 13,100.00 13,100.00 13,100.00
200-5430-50-03 Legal Fees 448.00 448.00 448.00
200-5480-50-03 Contracted Services 950,867.00 - 127,853.83 823,013.17 11,386.06 3,186.06 10,910.34 1.38 800,716.77
200-5520-50-03 Telephones 4,576.00 4,576.00 2,063.09 374.39 45.09 2,512.91
200-5523-50-03 Water/Sewer Charges 500.00 500.00 248.54 42.24 49.71 251.46
200-5524-50-03 Gas 500.00 500.00 500.00
200-5525-50-03 Electricity 48,400.00 48,400.00 25,548.44 3,460.41 52.79 22,851.56
200-5526-50-03 Data Network 800.00 800.00 648.36 37.99 81.05 151.64
200-5530-50-03 Travel 1,000.00 1,000.00 1,000.00
200-5533-50-03 Mileage Expense 200.00 200.00 200.00
200-5536-50-03 Training/Seminars 10,400.00 10,400.00 4,540.71 820.00 43.66 5,859.29
200-5560-50-03 Sewer Management Fees 2,921,983.00 2,921,983.00 1,652,270.57 216,777.90 56.55 1,269,712.43
200-5620-50-03 Tools & Equipment 9,000.00 9,000.00 5,774.88 5,157.17 64.17 3,225.12
200-5630-50-03 Safety Equipment 11,400.00 11,400.00 2,752.79 144.99 24.15 8,647.21
200-5640-50-03 Signs & Hardware 300.00 300.00 300.00
200-5650-50-03 Maintenance Materials 2,000.00 2,000.00 726.00 301.20 36.30 1,274.00
200-5660-50-03 Chemical Supplies 3,000.00 3,000.00 271.98 9.07 2,728.02
200-5670-50-03 System Improvements 32,000.00 32,000.00 15,273.46 6,445.19 47.73 16,726.54
200-5680-50-03 Lift Station Expense 20,000.00 20,000.00 16,440.48 2,384.00 82.20 3,559.52
200-6140-50-03 Capital Expense-Equipment 71,100.00 102,667.83 173,767.83 147,525.17 77,217.25 24,160.66 84.90 2,082.00
200-6610-50-03 Church/Parvin WW Reconstruct 100,000.00 100,000.00 100,000.00
200-7145-50-03 Transfer to VERF 74,905.00 74,905.00 43,694.56 6,242.08 58.33 31,210.44
200-7147-50-03 Transfer to GF 166,411.00 166,411.00 97,073.06 13,867.58 58.33 69,337.94
300-4105-10-00 Property Taxes -Delinquent - 168,392.00 - 168,392.00 - 74,234.08 129.98 44.08 - 94,157.92
300-4110-10-00 Property Taxes -Current - 5,725,328.00 - 5,725,328.00 - 5,847,360.98 - 30,750.51 102.13 122,032.98
300-4111-10-00 VIT Motor Vehicle Tax - 4,133.81 - 4,133.81 4,133.81
300-4115-10-00 Taxes -Penalties - 65,000.00 - 65,000.00 - 25,245.94 - 2,642.26 38.84 - 39,754.06
300-4610-10-00 Interest Income - 40,000.00 - 40,000.00 - 54,896.06 - 9,229.79 137.24 14,896.06
300-5410-10-00 Professional Services 8,400.00 8,400.00 8,400.00
300-6186-10-00 2013 GO Ref Bond 160,000.00 160,000.00 160,000.00
300-6189-10-00 2012 GO TX Bond Payment 185,000.00 185,000.00 185,000.00 100.00
300-6194-10-00 2012 CO Bond Payment 58,650.00 58,650.00 58,650.00 100.00
300-6200-10-00 Bond Administrative Fees 9,600.00 9,600.00 440.00 440.00 4.58 9,160.00
300-6201-10-00 2014 GO Debt payment 265,000.00 265,000.00 265,000.00
300-6203-10-00 2015 GO Debt Payment 175,000.00 175,000.00 175,000.00 100.00
300-6204-10-00 2015 CO Debt Payment 60,000.00 60,000.00 60,000.00 100.00
300-6205-10-00 2016 GO Debt Payment 946,800.00 946,800.00 946,800.00 100.00
300-6206-10-00 2016 CO Debt Payment 90,000.00 90,000.00 90,000.00 100.00
300-6207-10-00 2017 CO Bond Payment 355,000.00 355,000.00 355,000.00 100.00
300-6208-10-00 2017 GO Bond Payment 35,000.00 35,000.00 35,000.00 100.00
44
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
300-6209-10-00 2018 GO Bond Payment 115,000.00 115,000.00 115,000.00 100.00
300-6210-10-00 2018 CO Bond Payment 895,000.00 895,000.00 895,000.00 100.00
300-6299-10-00 Bond Interest Expense 2,839,989.00 2,839,989.00 1,413,704.04 1,426,284.96 49.78
410-4610-10-99 Interest - 25,000.00 - 25,000.00 - 31,990.68 - 6,165.39 127.96 6,990.68
410-4910-10-99 Other Reimbursements - 20,000.00 - 20,000.00 - 41,410.60 207.05 21,410.60
410-4995-10-99 Transfer In - 1,597,961.00 - 1,597,961.00 - 960,219.50 - 161,238.50 60.09 - 637,741.50
410-5220-10-01 Office Equipment 630.00 630.00 421.54 66.91 208.46
410-6125-10-01 Capital-Equipment (Technology)- 41.41 41.41
410-5220-10-02 Office Equipment 4,410.00 4,410.00 4,410.00
410-5220-10-03 Office Equipment 630.00 630.00 1,264.62 200.73 - 634.62
410-5220-10-04 Office Equipment 421.54 - 421.54
410-5220-10-05 Office Equipment 30,000.00 - 30,000.00
410-6125-10-05 Capital-Equipment (Technology) 30,000.00 30,000.00 10,250.34 10,250.34 1,945.32 34.17 17,804.34
410-5220-10-08 Office Equipment 1,264.62 - 1,264.62
410-5220-20-01 Office Equipment 17,400.00 17,400.00 16,667.60 95.79 732.40
410-6160-20-01 Capital-Vehicles 157,839.00 2,775.00 160,614.00 4,723.55 4,723.55 202,006.44 2.94 - 46,115.99
410-5220-20-05 Office Equipment 5,000.00 5,000.00 1,264.62 25.29 3,735.38
410-5220-30-01 Office Equipment 4,420.00 4,420.00 3,389.26 76.68 1,030.74
410-6160-30-01 Capital-Vehicles 291,000.00 291,000.00 292,096.99 272,867.00 100.38 - 1,096.99
410-5220-30-05 Office Equipment 630.00 630.00 630.00
410-5220-40-01 Office Equipment 4,430.00 4,430.00 6,046.54 136.49 - 1,616.54
410-5220-40-02 Office Equipment 630.00 630.00 421.54 66.91 208.46
410-6160-40-02 Capital-vehicles 21,500.00 21,500.00 21,250.00 98.84 250.00
410-5220-40-03 Office Equipment 1,900.00 1,900.00 3,876.64 204.03 - 1,976.64
410-6160-50-01 Capital-Vehicles 35,000.00 35,000.00 49,444.60 49,444.60 141.27 - 14,444.60
410-5220-50-02 Office Equipment 5,300.00 5,300.00 7,570.59 142.84 - 2,270.59
410-6140-50-02 Capital-Equipment 120,000.00 120,000.00 116,020.82 96.68 3,979.18
410-6160-50-03 Capital-Vehicles 27,000.00 27,000.00 23,455.00 86.87 3,545.00
410-5220-60-01 Office Equipment 1,900.00 1,900.00 3,223.26 169.65 - 1,323.26
410-5220-60-02 OFFICE EQUIPMENT 2,800.00 2,800.00 3,678.69 131.38 - 878.69
410-6140-60-02 CAPITAL EXPENSE-EQUIPMENT 157,336.00 157,336.00 176,888.73 112.43 - 19,552.73
410-5220-98-01 Office Equipment 5,790.00 5,790.00 1,103.23 19.05 4,686.77
410-6125-98-02 Capital-Equipment(Technology) 31.99 - 31.99
450-4001-98-02 Storm Drainage Utility Fee - 577,248.00 - 577,248.00 - 349,458.42 - 50,837.50 60.54 - 227,789.58
450-4610-98-02 Interest Storm Utility - 7,500.00 - 7,500.00 - 1,502.33 - 488.34 20.03 - 5,997.67
450-5110-98-02 Salaries 112,241.00 112,241.00 64,271.40 8,631.33 57.26 47,969.60
450-5115-98-02 Salaries-Overtime 1,390.00 1,390.00 1,798.29 175.10 129.37 - 408.29
450-5140-98-02 Salaries-Longevity Pay 125.00 125.00 95.00 76.00 30.00
450-5145-98-02 Social Security Expense 6,967.00 6,967.00 3,943.94 522.87 56.61 3,023.06
450-5150-98-02 Medicare Expense 1,629.00 1,629.00 922.36 122.29 56.62 706.64
450-5155-98-02 SUTA Expense 324.00 324.00 18.00 5.56 306.00
450-5160-98-02 Health Insurance 20,099.00 20,099.00 12,693.90 1,487.34 63.16 7,405.10
450-5165-98-02 Dental Expense 884.00 884.00 505.02 66.74 57.13 378.98
450-5170-98-02 Life Insurance/AD&D 233.00 233.00 131.32 18.76 56.36 101.68
45
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
450-5175-98-02 Liability (TML) Workers Comp 2,428.00 2,428.00 1,428.09 190.05 58.82 999.91
450-5180-98-02 TMRS Expense 15,226.00 15,226.00 9,023.26 1,200.05 59.26 6,202.74
450-5185-98-02 Long/Short Term Disability 214.00 214.00 111.32 16.28 52.02 102.68
450-5186-98-02 WELLE-Wellness Prog Reimb Empl 600.00 600.00 467.48 50.00 77.91 132.52
450-5210-98-02 Office Supplies 150.00 150.00 9.44 6.29 140.56
450-5220-98-02 Office Equipment 100.00 100.00 100.00
450-5230-98-02 Dues, Fees, & Subscriptions 2,095.00 2,095.00 100.00 4.77 1,995.00
450-5240-98-02 Postage and Delivery 50.00 50.00 14.00 28.00 36.00
450-5310-98-02 Rental Expense 2,000.00 2,000.00 2,000.00
450-5340-98-02 Building Repairs 500.00 500.00 500.00
450-5350-98-02 Vehicle Expense 500.00 500.00 142.71 6.00 28.54 357.29
450-5352-98-02 Fuel 1,000.00 1,000.00 496.63 49.66 503.37
450-5353-98-02 Oil/Grease/Inspections 100.00 100.00 10.25 10.25 89.75
450-5400-98-02 Uniforms 2,200.00 2,200.00 503.97 22.91 1,696.03
450-5410-98-02 Professional Services-Storm Dr 500.00 500.00 500.00
450-5480-98-02 Contract Services 2,000.00 2,000.00 2,000.00
450-5520-98-02 Telephones 2,150.00 2,150.00 508.34 74.70 23.64 1,641.66
450-5526-98-02 Data Network 460.00 460.00 265.93 37.99 57.81 194.07
450-5530-98-02 Travel/Lodging/Meals Expense 500.00 500.00 500.00
450-5533-98-02 Mileage Expense 200.00 200.00 200.00
450-5536-98-02 Training/Seminars 2,095.00 2,095.00 1,922.81 91.78 172.19
450-5620-98-02 Tools & Equipment 650.00 650.00 650.00
450-5630-98-02 Safety Equipment 1,500.00 1,500.00 251.98 16.80 1,248.02
450-5640-98-02 Signs & Hardware 450.00 450.00 450.00
450-5650-98-02 Maintenance Materials 1,500.00 1,500.00 1,500.00
450-7144-98-02 Transfer to Capital Proj Fund 547,349.23 - 547,349.23
450-7145-98-02 Transfer to VERF 5,928.00 5,928.00 3,458.00 494.00 58.33 2,470.00
450-7147-98-02 Transfer to GF 67,812.00 67,812.00 39,557.00 5,651.00 58.33 28,255.00
570-4537-10-00 Court Technology Revenue - 10,395.00 - 10,395.00 - 7,092.45 - 1,168.00 68.23 - 3,302.55
570-4610-10-00 Interest - 120.00 - 120.00 - 269.68 - 48.83 224.73 149.68
570-5203-10-00 Court Technology Expense 5,665.00 5,665.00 3,737.25 7,529.00 65.97 - 5,601.25
580-4536-10-00 Court Security Revenue - 7,700.00 - 7,700.00 - 5,319.34 - 876.00 69.08 - 2,380.66
580-4610-10-00 Interest - 120.00 - 120.00 - 290.47 - 48.83 242.06 170.47
580-5110-10-00 Salaries & Wages Payable 11,642.00 11,642.00 6,211.19 973.86 53.35 5,430.81
580-5145-10-00 Social Security Expense 722.00 722.00 385.09 60.38 53.34 336.91
580-5150-10-00 Medicare Expense 169.00 169.00 90.06 14.12 53.29 78.94
580-5155-10-00 SUTA expense 162.00 162.00 49.08 0.97 30.30 112.92
580-5175-10-00 Workers Comp 211.00 211.00 112.43 17.63 53.28 98.57
580-5204-10-00 Court Security Expense 90.00 90.00 90.00
610-4045-60-00 Park Dedication-Fees - 600,000.00 - 600,000.00 - 156,126.26 26.02 - 443,873.74
610-4610-60-00 Interest Income - 10,000.00 - 10,000.00 - 10,352.59 - 2,063.26 103.53 352.59
620-4055-60-00 Park Improvement - 250,000.00 - 250,000.00 - 8,384.20 3.35 - 241,615.80
620-4610-60-00 Interest Income - 8,000.00 - 8,000.00 - 13,142.43 - 2,392.90 164.28 5,142.43
620-5410-60-00 Pecan Grove H&B Trail 30,000.00 30,000.00 30,000.00
46
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
620-6610-60-00 Cockrell Park Trail Connection 57,990.00 57,990.00 9,270.00 48,720.00 15.99
620-6610-60-00 Hays Park 24,500.00 24,500.00 6,000.00 18,500.00 24.49
620-6610-60-00 Stars Trail Park #1 450,000.00 450,000.00 450,000.00
630-4015-50-00 Impact Fees - 3,584,000.00 - 3,584,000.00 - 1,752,590.00 - 285,392.00 48.90 - 1,831,410.00
630-4615-50-00 Interest - 40,000.00 - 40,000.00 - 33,716.73 - 4,407.34 84.29 - 6,283.27
630-5405-50-00 24 WL Conn. Cnty Line EST/DNT 660,000.00 660,000.00 660,000.00
630-5430-50-00 Legal Fees - County Line EST 3,116.37 - 3,116.37
630-5430-50-00 Legal - 24" WL Cnty Line EST 19,210.00 - 19,210.00
630-5489-50-00 Dev Agrmnt-TVG Westside 975,000.00 975,000.00 398,770.48 40.90 576,229.52
630-5489-50-00 Dev Agrmt-Prsp Prtnrs West 129,750.00 129,750.00 294,524.15 226.99 - 164,774.15
630-5489-50-00 Dev Agrmnt-Parks @ Legacy 25,000.00 25,000.00 25,000.00
630-5489-50-00 Dev Agrmnt-Prosper Lakes 97,500.00 97,500.00 97,500.00
630-5489-50-00 Dev Agrment-Star Trail 292,500.00 292,500.00 241,800.00 82.67 50,700.00
630-5489-50-00 Dev Agrmnt-TVG Windsong 100,000.00 100,000.00 113,100.00 113.10 - 13,100.00
630-6610-50-00 County Line Elevated Storage 2,525,348.00 - 2,395,747.79 129,600.21 16,773.00 4,883.00 87,032.21 12.94 25,795.00
630-6610-50-00 24 WL Conn. Cnty Line EST/DNT 2,116,540.00 - 726,304.31 1,390,235.69 94,746.40 17,598.00 181,949.29 6.82 1,113,540.00
630-6610-50-00 Custer Road Pump Station Expan 272,950.00 587,333.47 860,283.47 593,061.48 2,963.00 6,001.99 49.88 86,220.00
630-6610-50-00 Lower Pressure Plane Easements 1,487,150.00 - 150,000.00 1,337,150.00 1,337,150.00
630-7144-50-00 Transfer to Capital Proj Fund 25,000.00 150,000.00 175,000.00 150,000.00 85.71 25,000.00
630-7144-50-00 Transfer Out - Fishtrap EST 2,842,553.00 2,842,553.00 2,842,553.00 100.00
640-4020-50-00 Impact Fees - 600,000.00 - 600,000.00 - 474,770.00 - 68,366.00 79.13 - 125,230.00
640-4620-50-00 Interest - 12,000.00 - 12,000.00 - 19,425.19 - 3,931.20 161.88 7,425.19
640-4905-50-00 Equity Fee - 200,000.00 - 200,000.00 - 131,000.00 - 22,500.00 65.50 - 69,000.00
640-5489-50-00 Dev Reib LaCima #2 Interceptor 12,977.00 - 12,977.00
640-5489-50-00 Dev Agrmt TVG Westside Util 170,750.00 170,750.00 128,230.28 75.10 42,519.72
640-5489-50-00 Dev Agrmt Propser Partners 40,000.00 40,000.00 39,078.72 97.70 921.28
640-5489-50-00 Dev Agrmt Frontier Estates 51,225.00 51,225.00 4,439.50 8.67 46,785.50
640-5489-50-00 Dev Agrmnt LaCima 10,000.00 10,000.00 13,328.00 133.28 - 3,328.00
640-5489-50-00 Dev Agrmnt Brookhollow 5,000.00 5,000.00 5,000.00
640-5489-50-00 Dev Agrment Star Trail 42,346.00 - 42,346.00
640-5489-50-00 Dev Agrmnt TVG Windsong 68,300.00 68,300.00 95,408.00 139.69 - 27,108.00
640-5489-50-00 Dev Agrmnt All Storage 15,000.00 15,000.00 15,000.00
640-5489-50-00 Dev Agrmnt Legacy Garden 100,000.00 100,000.00 100,000.00
660-4040-50-00 East Thoroughfare Impact Fees - 2,825,000.00 - 2,825,000.00 - 599,042.10 - 83,117.58 21.21 - 2,225,957.90
660-4610-50-00 Interest - 50,000.00 - 50,000.00 - 18,054.57 - 2,075.48 36.11 - 31,945.43
660-5489-50-00 Dev Agrmnt PISD 350,000.00 350,000.00 462,510.00 132.15 - 112,510.00
660-6410-50-00 Land Acq. First (DNT-Clmn)- 536.07 536.07
660-6610-50-00 Prosper Trail (Kroger to Coit) 2,982,000.00 2,982,000.00 2,982,000.00
660-6610-50-00 Prosper Trail (Coit - Custer) 200,000.00 207,208.97 407,208.97 78,550.74 15,261.33 128,658.23 19.29 200,000.00
660-6610-50-00 Coit Road (First - Frontier) 600,000.00 689,900.00 1,289,900.00 197,156.60 20,231.00 559,415.80 15.29 533,327.60
660-6610-50-00 FM2478 ROW (US380-FM1461) 69,000.00 69,000.00 68,832.15 99.76 167.85
660-6610-50-00 First (DNT Intersection Imp) 1,250,000.00 - 1,250,000.00
660-6610-50-00 Traffic Signal (Coit & First) 250,000.00 250,000.00 250,000.00
660-7144-50-00 Transfer to Capital Proj Fund 96,000.00 96,000.00 96,000.00
47
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
670-4530-10-00 Police Donation Inc - 15,000.00 - 15,000.00 - 9,236.00 - 1,130.00 61.57 - 5,764.00
670-4531-10-00 Fire Donations - 14,000.00 - 14,000.00 - 12,733.00 - 1,102.00 90.95 - 1,267.00
670-4535-10-00 Child Safety Inc - 5,000.00 - 5,000.00 - 3,369.93 67.40 - 1,630.07
670-4550-10-00 LEOSE Revenue - 4,000.00 - 4,000.00 - 2,739.40 68.49 - 1,260.60
670-4610-10-00 Interest Income - 2,525.00 - 2,525.00 - 3,605.48 - 671.49 142.79 1,080.48
670-4916-10-00 Cash Seizure Forfeit-PD - 2,966.25 2,966.25
670-5201-10-00 LEOSE Expenditures 150.00 - 150.00
670-5205-10-00 Police Donation Exp 20,000.00 - 11,884.00 8,116.00 827.05 252.05 10.19 7,288.95
670-5206-10-00 Fire Dept Donation Exp 5,000.00 5,000.00 - 722.92 5,000.00 - 14.46 722.92
670-5208-10-00 Child Safety Expense 5,000.00 5,000.00 3,780.97 75.62 1,219.03
670-5212-10-00 Tree Mitigation Expense 6,339.00 6,339.00 6,339.00
670-5292-10-00 PD Seizure Expense 5,000.00 11,884.00 16,884.00 8,960.20 8,817.00 53.07 - 893.20
680-4041-50-00 W Thoroughfare Impact Fees - 2,035,000.00 - 2,035,000.00 - 3,033,221.49 - 213,654.29 149.05 998,221.49
680-4610-50-00 Interest - 20,000.00 - 20,000.00 - 39,882.75 - 10,890.17 199.41 19,882.75
680-5414-50-00 Appraisal/Tax Fees Cook Ln 2,800.00 - 2,800.00
680-5489-50-00 Development Agrmnt Parks/Legac 250,000.00 250,000.00 130,445.00 52.18 119,555.00
680-5489-50-00 TVG West Propser Rds Impact Fe 543,384.00 543,384.00 543,384.00
680-5489-50-00 Dev Agrment Star Trail 400,000.00 400,000.00 231,074.00 57.77 168,926.00
680-5489-50-00 Dev Agrmnt Legacy Garden 250,000.00 250,000.00 250,000.00
680-6110-50-00 First Street (DNT to Coleman) 42,000.00 42,000.00 42,000.00
680-6410-50-00 Land Acq. Cook Lane 166.00 - 166.00
680-6610-50-00 Cook Lane (First - End) 1,250,000.00 178,588.38 1,428,588.38 75,192.12 32,959.99 1,231,397.51 5.26 121,998.75
680-6610-50-00 First (DNT Intersection Imp) 1,250,000.00 1,250,000.00 427,382.00 34.19 822,618.00
680-6610-50-00 Prosper Trl (DNT Intersection) 75,000.00 - 75,000.00
680-7144-50-00 Transfer to Capital Proj Fund 5,000.00 - 5,000.00
680-7144-50-00 Trnsfr-Prosper Trl (DNT Inter) 75,000.00 75,000.00 75,000.00 100.00
730-4530-10-00 Employee Contributions - 705,308.00 - 705,308.00 - 349,724.74 - 53,339.60 49.59 - 355,583.26
730-4535-10-00 Employer Contributions - 1,983,503.00 - 1,983,503.00 - 1,156,566.43 - 158,846.83 58.31 - 826,936.57
730-4540-10-00 Contractor Insurance Premium - 12,672.52 - 1,888.66 12,672.52
730-4610-10-00 Interest Income - 4,500.00 - 4,500.00 - 3,579.01 - 817.98 79.53 - 920.99
730-5160-10-00 Health Insurance 2,315,241.00 2,315,241.00 1,143,171.36 81,553.57 49.38 1,172,069.64
730-5161-10-00 PCORI Fees 698.00 698.00 698.00
730-5162-10-00 HSA Expense 135,825.00 135,825.00 157,989.82 5,906.84 116.32 - 22,164.82
730-5165-10-00 Dental Insurance 150,191.00 150,191.00 108,759.94 14,804.75 72.41 41,431.06
730-5170-10-00 Life Insurance/AD&D 30,000.00 30,000.00 19,493.12 2,948.09 64.98 10,506.88
730-5185-10-00 Long/Short Term Disability 23,040.00 23,040.00 14,857.05 2,214.57 64.48 8,182.95
730-5480-10-00 Contract Services 55,926.00 55,926.00 52,602.76 5,048.45 19,000.00 94.06 - 15,676.76
730-5600-10-00 Special Events 6,000.00 6,000.00 6,000.00
750-4530-10-00 Contributions - W Prosper Rd - 1,000,000.00 - 1,000,000.00 - 1,000,000.00
750-4610-10-00 Interest Income - 104,189.93 - 16,127.69 104,189.93
750-4612-10-00 Interest-2006 Bond - 1,219.24 - 114.88 1,219.24
750-4616-10-00 Interest 2012 GO Bond - 281.89 - 40.44 281.89
750-4618-10-00 Interest TXDOT Contributions - 37,773.23 - 4,706.50 37,773.23
750-4993-10-00 Transfer from Impact Fees - 75,000.00 - 75,000.00 - 80,000.00 106.67 5,000.00
48
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
750-4995-10-00 Transfer In - 2,460,000.00 - 2,460,000.00 - 2,460,000.00 - 585,000.00 100.00
750-4997-10-00 Transfers In - Bond Funds - 3,144,355.65 - 678,955.94 3,144,355.65
750-4999-10-00 Bond Proceeds - 18,085,000.00 - 18,085,000.00 - 18,085,000.00
750-5405-10-00 Land Acq Svcs Downtown Enhnmnt 60,000.00 - 60,000.00
750-5405-10-00 W Prosper Rd Land Acq Svcs 4.48 - 4.48
750-5405-10-00 Land Acq Svcs First St 7,408.00 1,299,586.75 1,306,994.75 206,945.00 9,550.00 1,565.00 15.83 1,098,484.75
750-5405-10-00 Land Acq Svcs Park/PW Complex 5,605.00 - 5,605.00
750-5410-10-00 HWY 289 Gateway Monument 5,100.00 5,100.00 5,100.00
750-5410-10-00 US380 Median Design 17,459.44 17,459.44 4,871.94 12,587.50 27.90
750-5410-10-00 Firs St(DNT Intersection) Imp 110,585.00 110,585.00 33,585.00 30.37 77,000.00
750-5410-10-00 Victory Way (Coleman-Frontier) 247,600.00 247,600.00 247,600.00
750-5410-10-00 Fishtrap - Teel Int Improve 44,972.72 44,972.72 25,019.61 5,316.00 19,953.11 55.63
750-5410-10-00 Coleman (Gorgeous-Prosper Trl) 375,000.00 375,000.00 24,995.00 350,005.00
750-5410-10-00 Prosper Trl (DNT Intersection) 88,000.00 88,000.00 74,765.20 13,234.80 84.96
750-5419-10-00 Prosper Trail (Kroger to Coit) 17,915.00 17,915.00 17,915.00
750-5419-10-00 First Street (DNT to Coleman) 123,546.49 123,546.49 5,000.00 118,546.49 4.05
750-5419-10-00 Town Hall Infrastructure Imprv 1,700.00 161.05 - 1,861.05
750-5430-10-00 Legal Fees-Downtown Enhncmnts 10,470.44 57.00 - 10,470.44
750-5430-10-00 Acacia Parkway Legal Fees 242,738.52 242,738.52 58,407.73 20,094.75 24.06 184,330.79
750-5435-10-00 Legal File Downtown Enhancemen 62.00 - 62.00
750-5435-10-00 Legal Filing Prosper Trail 38.00 - 38.00
750-5435-10-00 Legal Filing 1512-ST 178.00 - 178.00
750-5435-10-00 Legal Notices - 1820ST 54.00 - 54.00
750-6110-10-00 FM2478 (US380-FM1461) 100,000.00 100,000.00 100,000.00
750-6110-10-00 US380 Median Lighting 485,000.00 485,000.00 485,000.00
750-6160-10-00 Aerial Ladder Truck 982,701.29 - 982,701.29
750-6610-10-00 Frontier Pkwy BNSF Overpass 1,230,996.00 1,230,996.00 1,230,996.00
750-6610-10-00 Decorative Monument Signs 22,708.65 22,708.65 22,708.65 100.00
750-6610-10-00 Downtown Enhancements 1,620,486.55 1,620,486.55 1,332,266.26 296,145.23 299,532.81 82.21 - 11,312.52
750-6610-10-00 West Prosper Rd Improvements 3,100,000.00 4,468,602.65 7,568,602.65 2,648,492.49 1,391,248.48 1,489,201.76 34.99 3,430,908.40
750-6610-10-00 Prosper Trail (Kroger to Coit) 3,809,774.10 3,809,774.10 1,266,372.97 414,468.00 2,546,490.14 33.24 - 3,089.01
750-6610-10-00 First Street (DNT to Coleman) 50,000.00 50,000.00 18,357.00 18,357.00 14,555.60 36.71 17,087.40
750-6610-10-00 Old Town Streets 766,411.14 766,411.14 707,262.64 123,789.12 59,148.50 92.28
750-6610-10-00 Town Hall Infrastructure Imprv 313.27 - 313.27
750-6610-10-00 Town Hall Construction 71,028.06 71,028.06 51,989.54 363.00 17,152.45 73.20 1,886.07
750-6610-10-00 Eighth Street (Church-PISD) 202,735.55 202,735.55 180,101.57 40,674.48 22,633.98 88.84
750-6610-10-00 Field Street (First-Broadway) 132,241.54 132,241.54 130,694.34 1,547.20 98.83
750-6610-10-00 Public Safety Complex, Ph 1 385,000.00 950,826.69 1,335,826.69 544,158.32 86,255.93 602,993.16 40.74 188,675.21
750-6610-10-00 Town Hall FFE 181,545.34 181,545.34 77,691.83 803.85 9,447.79 42.80 94,405.72
750-6610-10-00 HWY 289 Gateway Monument 231,986.28 231,986.28 231,986.28
750-6610-10-00 Whitley Place H&B Trail Extens 500,000.00 500,000.00 500,000.00
750-6610-10-00 Fifth St (Coleman-Church) 20,166.44 20,166.44 17,654.75 2,511.69 87.55
750-6610-10-00 Third St (Main-Coleman) 40,338.75 40,338.75 31,214.71 974.25 9,124.04 77.38
750-6610-10-00 Parks and Public Works Complex 1,981,375.00 1,981,375.00 1,133,172.91 57.19 848,202.09
49
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
750-6610-10-00 Windsong Road Repairs Ph3 710,000.00 710,000.00 416,259.59 227,038.26 58.63 66,702.15
750-6610-10-00 Victory Way (Coleman-Frontier) 2,250,000.00 2,250,000.00 2,250,000.00
750-6610-10-00 PS Facility-Development Costs 850,000.00 - 300,000.00 550,000.00 550,000.00
750-6610-10-00 PS Facility-Construction 10,765,000.00 635,000.00 11,400,000.00 11,400,000.00
750-6610-10-00 Public Safety Complex FFE 1,165,000.00 1,165,000.00 1,165,000.00
750-7144-10-00 Transfer Out 11,334.98 - 11,334.98
760-4610-10-00 Interest Income - 53,659.52 - 8,059.79 53,659.52
760-4993-10-00 Transfer From Impact Fees - 2,842,553.00 - 2,842,553.00 - 2,842,553.00 100.00
760-4995-10-00 Transfers In - 690,325.00 - 690,325.00 - 1,184,796.79 - 236.00 171.63 494,471.79
760-4997-10-00 Transfers In - Bond Funds - 1,543,281.94 - 1,207,191.00 1,543,281.94
760-4999-10-00 Bond Proceeds - 8,750,000.00 - 8,750,000.00 - 8,750,000.00
760-5405-10-00 Land Acq. 24WL Conn EST 660,000.00 - 660,000.00
760-5419-10-00 Prosper Trail EST 9,650.00 9,650.00 9,650.00 100.00
760-5435-10-00 Legal Notices Church/Parvin 236.00 - 236.00
760-5435-10-00 Legal notice - 1716WA 480.00 - 480.00
760-6410-10-00 Water Supply Line Ph I Esment 1,941,500.00 1,941,500.00 1,024,148.00 78.00 52.75 917,352.00
760-6610-10-00 Lower Pressure Pln 42" Trns Ln 150,000.00 150,000.00 150,000.00
760-6610-10-00 Old Town Drainage-Church/Parvi 460,000.00 8,800.00 468,800.00 20,000.00 20,000.00 9,800.00 4.27 439,000.00
760-6610-10-00 Coleman Rd Drainage 290,979.00 290,979.00 290,979.00
760-6610-10-00 Old Town Drainage Land Acq 10,000.00 10,000.00 12,592.89 500.00 125.93 - 3,092.89
760-6610-10-00 EW Collector (Cook - DNT) 256,025.00 256,025.00 295,775.00 - 39,750.00
760-6610-10-00 Fishtrap Elevated Storage Tank 5,757,553.00 5,757,553.00 5,758,000.00 - 447.00
760-6610-10-00 Water Supply Line Phase I 5,345,684.19 5,345,684.19 1,553,734.19 106,449.00 166,950.00 29.07 3,625,000.00
760-6610-10-00 Old Town Regional Retention 550,000.00 101,250.00 651,250.00 35,750.00 35,750.00 27,000.00 5.49 588,500.00
760-6610-10-00 Parks and Public Works Complex 1,448,825.00 1,448,825.00 1,133,172.90 78.21 315,652.10
760-6610-10-00 Old Town Drng - Fifth St Trunk 400,000.00 - 115,908.88 284,091.12 268,512.82 - 11,557.09 4,449.36 94.52 11,128.94
760-6610-10-00 Glenbrooke Water Meter PRV's 150,000.00 150,000.00 114,397.75 5,625.00 36,000.00 76.27 - 397.75
760-6610-10-00 Custer Rd Meter Stat/WL Reloc 290,325.00 290,325.00 33,897.21 4,529.00 256,427.79 11.68
760-6610-10-00 Church/Parvin WW Reconstruct 100,000.00 100,000.00 100,000.00
760-6610-10-00 Doe Branch WWTP 0.25 MGD Expan 3,625,000.00 - 3,625,000.00
760-6610-10-00 Fifth Street Water Line 200,000.00 200,000.00 200,000.00
770-4610-10-00 Interest Income - 9,561.67 - 1,310.02 9,561.67
770-7144-10-00 Transfer to Capital Projects 121,823.68 236.00 - 121,823.68
771-4610-10-00 Interest Income - 43.36 - 5.83 43.36
771-7144-10-00 Transfer to Capital Projects 106.58 106.58 - 106.58
772-4610-10-00 Interest Income - 2,877.18 - 483.57 2,877.18
772-7144-10-00 Transfer to Capital Projects - 130,881.95 3,779.07 130,881.95
773-4611-98-02 Interest - 2016 CO Proceeds - 2,204.33 - 290.46 2,204.33
773-7144-98-02 Transfer to CIP - 1615DR 6,514.29 - 6,514.29
773-7144-98-02 Transfer to CIP - 1616DR 30,000.00 - 30,000.00
774-4612-98-02 Interest - 2017 CO Proceeds - 5,425.86 - 649.45 5,425.86
774-7144-98-02 Tansfer to CIP - 1717DR 234,753.23 - 234,753.23
775-4610-10-00 Interest Income - 26,737.53 - 2,551.83 26,737.53
775-6200-10-00 Bond Administrative Fees - 7,102.31 - 7,102.31 7,102.31
50
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
775-7144-10-00 Transfer to Capital Projects 1,437,013.62 150,287.46 - 1,437,013.62
776-4610-10-00 Interest Income - 149,922.37 - 20,625.54 149,922.37
776-7144-10-00 Transfer to Capital Projects 757,566.00 757,566.00 - 757,566.00
780-4610-10-00 Interest Income - 12,832.32 - 1,862.54 12,832.32
780-7144-10-00 Transfer to Capital Projects 24,963.91 - 24,963.91
781-4610-10-00 Interest Income - 8.17 8.17
781-7144-10-00 Transfer to Capital Projects 153,569.96 1,173.00 - 153,569.96
782-4610-10-00 Interest Income - 41,530.25 - 4,189.62 41,530.25
782-6200-10-00 Bond Administrative Fees - 5,149.18 - 5,149.18 5,149.18
782-7144-10-00 Transfer to Capital Projects 1,987,995.85 973,234.83 - 1,987,995.85
800-4120-65-00 Sales Taxes - 2,455,008.00 - 2,455,008.00 - 1,456,714.88 - 172,271.46 59.34 - 998,293.12
800-4610-65-00 Interest Income - 50,000.00 - 50,000.00 - 60,709.90 - 9,748.80 121.42 10,709.90
800-4910-65-00 Other Revenue - 45.81 45.81
800-5110-65-00 Salaries & Wages 385,562.00 385,562.00 124,228.28 12,104.00 32.22 261,333.72
800-5140-65-00 Salaries - Longevity Pay 275.00 275.00 270.00 98.18 5.00
800-5141-65-00 Salary-Incentive 20,000.00 20,000.00 20,000.00
800-5142-65-00 Car Allowance 14,400.00 14,400.00 3,000.00 300.00 20.83 11,400.00
800-5143-65-00 Cell Phone Allowance 2,580.00 2,580.00 930.00 115.00 36.05 1,650.00
800-5145-65-00 Social Security Expense 24,335.00 24,335.00 5,385.75 708.70 22.13 18,949.25
800-5150-65-00 Medicare Expense 5,692.00 5,692.00 1,738.07 165.75 30.54 3,953.93
800-5155-65-00 SUTA Expense 486.00 486.00 18.00 3.70 468.00
800-5160-65-00 Health Insurance 26,378.00 26,378.00 12,294.52 1,453.38 46.61 14,083.48
800-5165-65-00 Dental Insurance 1,451.00 1,451.00 624.46 73.84 43.04 826.54
800-5170-65-00 Life Insurance/AD&D 517.00 517.00 142.20 10.88 27.51 374.80
800-5175-65-00 Liability (TML)/Workers' Comp 746.00 746.00 242.89 23.67 32.56 503.11
800-5180-65-00 TMRS Expense 53,182.00 53,182.00 17,304.66 1,687.52 32.54 35,877.34
800-5185-65-00 Long/Short Term Disability 715.00 715.00 224.55 23.00 31.41 490.45
800-5186-65-00 WELLE-Wellness Prog Reimb-Empl 600.00 600.00 317.48 50.00 52.91 282.52
800-5189-65-00 Administrative Fees 15,000.00 15,000.00 8,750.00 1,250.00 58.33 6,250.00
800-5190-65-00 Contract Labor 50,000.00 50,000.00 50,000.00
800-5210-65-00 Office Supplies 2,500.00 - 352.00 2,148.00 707.10 112.73 32.92 1,440.90
800-5212-65-00 Building Supplies 500.00 352.00 852.00 851.27 99.91 0.73
800-5220-65-00 Office Equipment 15,000.00 15,000.00 2,428.04 16.19 12,571.96
800-5230-65-00 Dues,Fees,& Subscriptions 40,000.00 40,000.00 5,616.78 3,674.74 14.04 34,383.22
800-5240-65-00 Postage and Delivery 1,000.00 1,000.00 50.00 5.00 950.00
800-5265-65-00 Promotional Expense 80,000.00 80,000.00 7,574.00 9.47 72,426.00
800-5280-65-00 Printing and Reproduction 5,000.00 5,000.00 213.19 4.26 4,786.81
800-5305-65-00 Chapt 380 Program Grant Exp 504,515.00 504,515.00 304,146.97 38,637.26 60.29 200,368.03
800-5310-65-00 Rental Expense 65,500.00 65,500.00 39,270.06 4,763.73 59.95 26,229.94
800-5330-65-00 Copier Expense 5,500.00 5,500.00 657.21 347.14 11.95 4,842.79
800-5340-65-00 Building Repairs 500.00 500.00 500.00
800-5410-65-00 Professional Services 225,000.00 225,000.00 106,762.44 16,304.25 9,000.00 47.45 109,237.56
800-5412-65-00 Audit Fees 2,375.00 2,375.00 2,375.00 100.00
800-5414-65-00 Appraisal/Tax Fees 1,676.08 - 1,676.08
51
Item 5b
Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current
Year Year Year YTD Month %Remaining
Adopted Budget Amendment Amended Budget Actual Actual Budget
800-5430-65-00 Legal Fees 25,000.00 25,000.00 5,372.00 1,051.00 21.49 19,628.00
800-5520-65-00 Telephones 4,200.00 4,200.00 406.47 75.98 9.68 3,793.53
800-5526-65-00 Data Network 1,000.00 1,000.00 531.88 75.98 53.19 468.12
800-5530-65-00 Travel 30,000.00 30,000.00 1,875.64 963.65 6.25 28,124.36
800-5531-65-00 Prospect Mtgs/Business Meals 10,000.00 10,000.00 1,657.90 267.14 16.58 8,342.10
800-5533-65-00 Mileage Expense 500.00 500.00 128.74 41.76 25.75 371.26
800-5536-65-00 Training/Seminars 15,000.00 15,000.00 1,636.00 10.91 13,364.00
800-6015-65-00 Project Incentives 10,000.00 10,000.00 10,000.00
800-7100-65-00 Operating Transfer Out 660.39 - 660.39
52
Item 5b
To: Mayor and Town Council
From: Leigh Johnson, Director of Information Technology
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 11, 2019
Agenda Item:
Consider and act upon approving a Microsoft Enterprise Agreement, from SHI Government
Solutions, Inc., through a Texas Department of Information Resources (DIR) Purchasing Contract;
and authorizing the Town Manager to execute all related documents for the same.
Description of Item:
In order to simplify licensing for the Town’s servers, workstations, and productivity software, the
I.T. Division recommends establishing a Microsoft Enterprise Agreement (MSEA). To date,
licenses have to be purchased for each individual user, computer, and server purchased by the
Town. The license tracking process is a time-consuming manual process and licenses have to
be purchased multiple times per year (as staffing or equipment changes occur). The MSEA
simplifies this process, requiring only a software-automated annual audit to capture any adds or
deletions from the previous year.
By submitting this order, the Town is entering into a three-year MSEA, and will be billed annually
based on the size of staff and infrastructure at the time of billing. The MSEA pricing is calculated
annually and is not affected by mid-year staffing or infrastructure changes until the following year,
when any increases are applied to the next annual payment.
This item was tabled during the June 11, 2019, Town Council meeting and moved to the June 25,
2019, meeting after staff discovered that one of the product suites suggested by Microsoft to fulfill
minimum licensing requirements was more expensive than another, lower-cost product suite that
would also fulfill those licensing requirements. A new quote was obtained from SHI Government
Solutions resulting in a cost reduction of $21,256.92, and the staff report has been updated
accordingly.
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code,
Chapter 791, to enter into joint contracts and agreements for the performance of governmental
functions and services, including administrative functions normally associated with the operation
of government (such as purchasing necessary materials and equipment).
The Town of Prosper entered into an interlocal agreement with the Texas Comptroller of Public
Accounts Cooperative Purchasing Program (formerly, Texas Building and Procurement
Commission) on March 14, 2006. Participation in the program allows our local government to
purchase goods and services through the cooperative contract, DIR contracts included, while
satisfying all competitive bidding requirements.
Prosper is a place where everyone matters.
INFORMATION
TECHNOLOGY
Item 5c
Budget Impact:
The FY 2018-2019 cost of the agreement is $81,020.27. The purchase will be funded from 100-
5419-10-05 IT Licenses. Subsequent annual expenditures will be subject to appropriations
granted in future fiscal years.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the Agreement and all related
documents as to form and legality.
Attachments:
1. SHI quote
2. Microsoft Business and Services Agreement
3. Microsoft Enterprise Enrollment
4. Microsoft Supplemental Contact Information Form
5. Microsoft Program Signature Form
6. Microsoft Qualifying Government Entity Addendum
7. Microsoft Previous Enrollment Agreement Form
8. Microsoft Enterprise Subscription Enrollment Product Selection Form
9. Microsoft Enterprise Agreement
10. MSEA Cost Analysis
Town Staff Recommendation:
Town staff recommends approving the Microsoft Enterprise Agreement, from SHI Government
Solutions, Inc., through a Texas Department of Information Resources (DIR) Purchasing Contract;
and authorizing the Town Manager to execute all related documents for the same.
Proposed Motion:
I move to approve the Microsoft Enterprise Agreement from SHI Government Solutions, Inc.,
through a Texas Department of Information Resources (DIR) Purchasing Contract; and authorize
the Town Manager to execute all related documents for the same.
Item 5c
Pricing Proposal
Quotation #: 15507644
Created On: 6/15/2018
Valid Until: 7/15/2019
Town Of Prosper Inside Account
Executive
Leigh Johnson
121 W. Broadway
Prosper, Texas 75078
UNITED STATES
Phone: (972) 569-1150
Fax:
Email:leigh_johnson@prospertx.gov
Jessica Vos
290 Davidson Ave
Somerset, NJ 08873
Phone: 800-477-6479
Fax:800-477-6479
Email:Jessica_Vos@shi.com
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 Microsoft 365 E3 - Subscription license - 1 user - hosted - EA Subscription,
Government Community Cloud - All Languages
Microsoft - Part#: AAD-34704
Contract Name: Microsoft Software VAR
Contract #: DIR-TSO-4092
Note: Year 1 of 3
89 $353.64 $31,473.96
2 Microsoft 365 F1 Full USL - Subscription license - 1 user - hosted - GOV - EA
Subscription, Government Community Cloud - All Languages
Microsoft - Part#: AAA-97791
Contract Name: Microsoft Software VAR
Contract #: DIR-TSO-4092
Note: Year 1 of 3
191 $108.05 $20,637.55
3 Microsoft Visio Pro for Office 365 - Subscription license - 1 user - hosted - GOV -
EA Subscription, Government Community Cloud - All Languages
Microsoft - Part#: P3U-00001
Contract Name: Microsoft Software VAR
Contract #: DIR-TSO-4092
Note: Year 1 of 3
10 $147.35 $1,473.50
4 Microsoft Windows Server Datacenter Edition - License & software assurance - 2
cores - Enterprise - All Languages
Microsoft - Part#: 9EA-00039
Contract Name: Microsoft Software VAR
Contract #: DIR-TSO-4092
Note: Year 1 of 3
32 $288.96 $9,246.72
5 Microsoft SQL Server Standard Edition - License & software assurance - 1 server -
academic - Enterprise, Select, Select Plus, EES - Win - All Languages
Microsoft - Part#: 228-04437
Contract Name: Microsoft Software VAR
Contract #: DIR-TSO-4092
Note: Year 1 of 3
1 $336.44 $336.44
6 Microsoft SQL Server - License & software assurance - 1 user CAL - Enterprise,60 $78.56 $4,713.60
Item 5c
Select, Select Plus - additional product - All Languages
Microsoft - Part#: 359-00960
Contract Name: Microsoft Software VAR
Contract #: DIR-TSO-4092
Note: Year 1 of 3
7 Microsoft Core CAL - License & software assurance - 1 device CAL - Enterprise
Win - All Languages
Microsoft - Part#: W06-00022
50 $73.67 $3,683.50
8 OfficeProPlus ALNG LicSAPk MVL
Microsoft - Part#: 269-05623
Contract Name: Microsoft Software VAR
Contract #: DIR-TSO-4092
Note: Year 1 of 3
50 $189.10 $9,455.00
Subtotal $81,020.27
Shipping $0.00
Total $81,020.27
Additional Comments
Service Level Agreements:
1. Quotes: Quote requests will be acknowledged within 4 business hours of each request. Under normal
circumstances, quotes will be provided within 24-48 hours of the initial request. If quotes will take longer than this
timeframe, status updates will be provided at reasonable intervals.
2. Orders: All valid orders will be processed within 24 hours.
3. Contract Documents: All submissions will be reviewed and responded to within 24 business hours. Actual
processing time will vary based on quality and complexity of the submission.
Thank you for choosing SHI-GS! The pricing offered on this quote proposal is valid through the expiration date set
above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and
applicable Contract Number when submitting a Purchase Order.
SHI Government Solutions, Inc. is 100% Minority Owned, Woman Owned Business.
TAX ID# 22-3695478; DUNS# 14-724-3096
DIR-SDD-2503
The Products offered under this proposal are resold in accordance with the SHI Online Customer Resale Terms and Conditions,
unless a separate resale agreement exists between SHI and the Customer.
Item 5c
Business and Services Agreement
This Microsoft Business and Services Agreement (“MBSA”) is entered into by the entities identified on
the signature form, and its terms and conditions are incorporated by reference into any Supplemental
Agreement under which Customer or its Affiliates acquire Products or Professional Services.
1. Definitions.
In this agreement, the following definitions apply:
“Affiliate” means any legal entity that controls, is controlled by, or that is under common control with a
party. “Control” means ownership of more than a 50% interest of voting securities in an entity or the
power to direct the management and policies of an entity.
“Customer” means the legal entity that has entered into this agreement.
“Customer Data” means all data, including all text, sound, software, image or video files that are
provided to Microsoft by, or on behalf of, Customer and its Affiliates through use of Online Services.
“day” means a calendar day.
“Fixes” means Product fixes, modifications or enhancements, or their derivatives, that Microsoft either
releases generally (such as Product service packs), or provides to Customer to address a specific
issue.
“Microsoft” means the Microsoft Affiliate that has entered into this agreement and its Affiliates, as
appropriate.
“Online Services” means the Microsoft-hosted services identified as Online Services in the Product
Terms.
“Online Services Terms” means the additional terms that apply to Customer’s use of Online Services
published on the Volume Licensing Site and updated from time to time.
“Pre-Existing Work” means any computer code or other written materials developed or otherwise
obtained independent of this agreement.
“Product” means all products identified in the Product Terms, such as all Software, Online Services
and other web-based services, including pre-release or beta versions. Product availability may vary by
region.
“Product Terms” means the document that provides information about Microsoft Products and
Professional Services available through volume licensing. The Product Terms document is published
on the Volume Licensing Site and is updated from time to time.
“Professional Services” means Product support services and Microsoft consulting services provided to
Customer under this agreement. “Professional Services” does not include Online Services.
“SLA” means Service Level Agreement, which specifies the minimum service level for Online Services
and is published on the Volume Licensing Site.
“Services Deliverables” means any computer code or materials, other than Products or Fixes, that
Microsoft leaves with Customer at the conclusion of Microsoft’s performance of Professional Services.
“Software” means licensed copies of Microsoft software identified on the Product Terms. Software
does not include Online Services or Services Deliverables, but Software may be part of an Online
Service.
“Statement of Services” means any work orders or other description of Professional Services that
incorporates this MBSA.
“Supplemental Agreement” means any agreement that incorporates this MBSA.
“Trade Secret” means information that is not generally known or readily ascertainable to the public,
has economic value as a result, and has been subject to reasonable steps under the circumstances to
maintain its secrecy.
“use” or “run” means to copy, install, use, access, display, run or otherwise interact with.
Item 5c
“Use Rights” means the use rights or terms of service for each Product published on the Volume
Licensing Site and updated from time to time. The Use Rights supersede the terms of any end user
license agreement that accompanies a Product. The Use Rights for Software are published by
Microsoft in the Product Terms. The Use Rights for Online Services are published in the Online
Services Terms.
“Volume Licensing Site” means http://www.microsoft.com/licensing/contracts or a successor site.
2. Use, ownership, rights, and restrictions.
a. Products. Unless otherwise specified in a Supplemental Agreement, use of any Product
is governed by the Use Rights specific to each Product and version and by the terms of
the applicable Supplemental Agreement.
b. Fixes and Services Deliverables.
(i) Fixes. Each Fix is licensed under the same terms as the Product to which it applies.
If a Fix is not provided for a specific Product, any use rights Microsoft provides with
the Fix will apply.
(ii) Pre-Existing Work. All rights in Pre-existing Work will remain the sole property of
the party providing it. Each party may use, reproduce and modify the other party’s
Pre-existing Work only as needed to perform obligations related to Professional
Services.
(iii) Services Deliverables. Upon payment in full for the Professional Services, Microsoft
grants Customer a non-exclusive, non-transferable, perpetual license to reproduce,
use and modify the Services Deliverables solely for Customer’s internal business
purposes, subject to the terms and conditions in this agreement.
(iv) Affiliates’ rights. Customer may sublicense its rights in Services Deliverables to its
Affiliates, but Customer’s Affiliates may not sublicense these rights. Customer is liable
for ensuring its Affiliates’ compliance with this agreement.
c. Non-Microsoft software and technology. Customer is solely responsible for any non-
Microsoft software or technology that it installs or uses with the Products, Fi xes, or
Services Deliverables.
d. Restrictions. Customer must not (and is not licensed to) (1) reverse engineer,
decompile or disassemble any Product, Fix, or Services Deliverable; (2) install or use
non-Microsoft software or technology in any way that would subject Microsoft's intellectual
property or technology to any other license terms; or (3) work around any technical
limitations in a Product, Fix or Services Deliverable or restrictions in Product
documentation. Except as expressly permitted in this agreement, a Supplemental
Agreement or Product documentation, Customer must not (and is not licensed to) (1)
separate and run parts of a Product or Fix on more than one device, upgrade or
downgrade parts of a Product or Fix at different times, or transfer parts of a Product or Fix
separately; or (2) distribute, sublicense, rent, lease, lend any Products, Fixes, or Services
Deliverables, in whole or in part, or use them to offer hosting services to a third party.
e. Reservation of rights. Products, Fixes, and Services Deliverables are protected by
copyright and other intellectual propert y rights laws and international treaties. Microsoft
reserves all rights not expressly granted in this agreement. No rights will be granted or
implied by waiver or estoppel. Rights to access or use Software on a device do not give
Customer any right to im plement Microsoft patents or other Microsoft intellectual property
in the device itself or in any other software or devices.
3. Confidentiality.
“Confidential Information” is non-public information that is designated “confidential” or that a
reasonable person should understand is confidential, including Customer Data and the terms of
Microsoft agreements. The Online Services Terms may provide additional obligations for, and
limitations on disclosure and use of, Customer Data. Confidential Information does not include
information that (1) becomes publicly available without a breach of this agreement, (2) the receiving
party received lawfully from another source without a confidentiality obligation, (3) is independently
Item 5c
developed, or (4) is a comment or suggestion volunteered about the other party’s business, products
or services.
Each party will take reasonable steps to protect the other’s Confidential Information and will use the
other party’s Confidential Information only for purposes of the parties’ business relationship. Neither
party will disclose that Confidential Information to third parties, except to its employees, Affiliates,
contractors, advisors and consultants (“Representatives”) and then only on a need -to-know basis
under nondisclosure obligations at least as protective as this agreement. Each party remains
responsible for the use of the Confidential Information by its Representatives and, in the event of
discovery of any unauthorized use or disclosure, must promptly notify the other party.
A party may disclose the other’s Confidential Information if required by law; but only after it notifies the
other party (if legally permissible) to enable the other party to seek a protective order.
Neither party is required to restrict work assignments of its Representatives who have had access to
Confidential Information. Each party agrees that the use of information retained in Representatives’
unaided memories in the development or deployment of the parties’ respective products or services
does not create liability under this agreement or trade secret law, and each party agrees to limit what
it discloses to the other accordingly.
These obligations apply (1) for Customer Data until it is deleted from the Online Services, and (2) for
all other Confidential Information, for a period of five years after a party receives the Confidential
Information.
4. Privacy and compliance with laws.
a. Customer consents to the processing of personal information by Microsoft and its agents
to facilitate the subject matter of this agreement. Customer will obtain all required
consents from third parties (including Customer’s contacts, resellers, distributors,
administrators, and employees) under applicable privacy and data protection law before
providing personal information to Microsoft.
b. Personal information collected under this agreement (1) may be transferred, stored and
processed in the United States or any other country in which Microsoft or its service
providers maintain facilities and (2) will be subject to the privacy terms specified in the
Use Rights. Microsoft will abide by the requirements of European Economic Area and
Swiss data protection law regarding the collection, use, transfer, retention, and other
processing of personal data from the European Economic Area and Switzerland.
c. U.S. export. Products, Fixes, and Services Deliverables are subject to U.S. export
jurisdiction. Customer must comply with all applicable international and national laws,
including the U.S. Export Administration Regulations, the International Traffic in Arms
Regulations, and end-user, end use and destination restrictions by U.S. and other
governments related to Microsoft products, services, and technologies.
5. Warranties.
a. Limited warranties and remedies.
(i) Software. Microsoft warrants that each version of the Software will perform
substantially as described in the applicable Product documentation for one year from
the date Customer is first licensed for that version. If it does not, and Customer
notifies Microsoft within the warranty term, then Microsoft will, at its option (1) return
the price Customer paid for the Software license, or (2) repair or replace the
Software.
(ii) Online Services. Microsoft warrants that each Online Service will perform in
accordance with the applicable SLA during Customer’s use. Customer’s remedies for
breach of this warranty are in the SLA.
(iii) Professional Services. Microsoft warrants that it will perform Professional Services
with professional care and skill. If Microsoft fails to do so, and Customer notifies
Microsoft within 90 days of the date the Professional Services were performed, then
Microsoft will, at its discretion, either re-perform the Professional Services or return
the price Customer paid for them.
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The remedies above are Customer’s sole remedies for breach of the warranties in this
section. Customer waives any breach of warranty claims not made during the warranty
period.
b. Exclusions. The warranties in this agreement do not apply to problems caused by
accident, abuse or use in a manner inconsistent with this agreement, including failure to
meet minimum system requirements. These warranties do not apply to free, trial, pre-
release, or beta products, or to components of Products that Customer is permitted to
redistribute.
c. Disclaimer. Except for the limited warranties above, Microsoft provides no other
warranties or conditions and disclaims any other express, implied or statutory
warranties, including warranties of quality, title, non-infringement, merchantability,
and fitness for a particular purpose.
6. Defense of third party claims.
The parties will defend each other against the third-party claims described in this section and will pay
the amount of any resulting adverse final judgment or approved settlement, but only if the defending
party is promptly notified in writing of the claim and has the right to control the defense and any
settlement of it. The party being defended must provide the defending party with all requested
assistance, information, and authority. The defending party will reimburse the other party for
reasonable out-of-pocket expenses it incurs in providing assistance. This section describes the
parties’ sole remedies and entire liability for such claims.
a. By Microsoft. Microsoft will defend Customer against any third-party claim to the extent
it alleges that a Product, Fix or Services Deliverable made available by Microsoft for a fee
and used within the scope of the license granted (unmodified from the form provided by
Microsoft and not combined with anything else) misappropriates a trade secret or directly
infringes a patent, copyright, trademark or other proprietary right of a third party. If
Microsoft is unable to resolve a claim of infringement under commercially reasonable
terms, it may, at its option, either (1) modify or replace the Product, Fix or Services
Deliverable with a functional equivalent; or (2) terminate Customer’s license and refund
any prepaid license fees (less depreciation on a five-year, straight-line basis) for
perpetual licenses and any amount paid for Online Services for any usage period after
the termination date. Microsoft will not be liable for any claims or damages due to
Customer’s continued use of a Product, Fix, or Services Deliverable after being notified to
stop due to a third-party claim.
b. By Customer. To the extent permitted by applicable law, Customer will defend Microsoft
against any third-party claim to the extent it alleges that: (1) any Customer Data or non-
Microsoft software hosted in an Online Service by Microsoft on Customer's behalf
misappropriates a trade secret or directly infringes a patent, copyright, trademark, or
other proprietary right of a third party; or (2) Customer’s use of any Product, Fix, or
Services Deliverable alone or in combination with anything else, violates the law or
damages a third party.
7. Limitation of liability.
For each Product or Professional Service, each party’s maximum, aggregate liability to the other
under each Supplemental Agreement is limited to direct damages finally awarded in an amount not to
exceed the amounts Customer was required to pay for the applicable Products or Professional
Services during the term of the Supplemental Agreement, subject to the following:
a. Online Services. For Online Services, Microsoft’s maximum liability to Customer for any
incident giving rise to a claim will not exceed the amount Customer paid for the Online
Service during the 12 months before the incident.
b. Free Products and Distributable Code. For Products and Professional Services
provided free of charge and code that Customer is authorized to redistribute to third
parties without separate payment to Microsoft, Microsoft’s liability is limited to direct
damages finally awarded up to US$5,000.
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c. Exclusions. In no event will either party be liable for indirect, incidental, special, punitive,
or consequential damages, or for loss of use, loss of business information, loss of
revenue, or interruption of business, however caused or on any theory of liability.
d. Exceptions. No limitation or exclusions will apply to liability arising out of either party’s
(1) confidentiality obligations (except for all liability related to Customer Data, which will
remain subject to the limitations and exclusions above); (2) defense obligations; or (3)
violation of the other party’s intellectual property rights.
8. Verifying compliance.
a. Right to verify compliance. Customer must keep records relating to all use and
distribution of Products by Customer and its Affiliates. Microsoft has the right, at its
expense, to verify compliance with the Products’ license terms. Customer must promptly
provide the independent auditor with any information the auditor reasonably requests in
furtherance of the verification, including access to systems running the Products and
evidence of licenses for Products Customer hosts, sublicenses, or distributes to third
parties. Customer agrees to complete Microsoft’s self-audit process, which Microsoft may
require as an alternative to a third party audit.
b. Remedies for non-compliance. If verification or self-audit reveals any unlicensed use of
Products, then within 30 days (1) Customer must order sufficient licenses to cover its use,
and (2) if unlicensed use or distribution is 5% or more, Customer must reimburse
Microsoft for the costs Microsoft incurred in verification and acquire the necessary
additional licenses at 125% of the price, based on the then-current price list and
Customer price level. The unlicensed use percentage is based on the total number of
licenses purchased for current use compared to actual install base. If there is no
unlicensed use, Microsoft will not subject Customer to another verification for at least one
year. By exercising the rights and procedures described above, Microsoft does not waive
its rights to enforce this agreement or to protect its intellectual property b y any other legal
means.
c. Verification process. Microsoft will notify Customer at least 30 days in advance of its
intent to verify Customer’s compliance with the license terms for the Products Customer
and its Affiliates use or distribute. Microsoft will engage an independent auditor, which
will be subject to a confidentiality obligation. Any information collected in the self-audit
will be used solely for purposes of determining compliance. This verification will take
place during normal business hours and in a manner that does not interfere unreasonably
with Customer’s operations.
9. Term and termination.
a. Term. The effective date of this MBSA will be the earlier of either the date the MBSA is
executed by Microsoft or the effective date of the first Supplemental Agreement. The
MBSA is effective until terminated by a party, as described below.
b. Termination. Either party may terminate this MBSA on 60 days’ notice. Termination will
not affect any existing orders or Supplemental Agreements, but Customer will no longer
be able to enter into Supplemental Agreements after the effective date of termination.
c. Professional Services termination. If Customer terminates a Statement of Services as
a result of a breach by Microsoft, Customer must pay all amounts due under the
Statement of Services as of the termination date. Upon Microsoft’s receipt of payment for
the Professional Services, Customer’s interests in the Services Deliverables will vest.
Microsoft has no obligation to continue to provide Professional Services if Customer fails
to make timely payment for the Professional Services.
10. Miscellaneous.
a. Use of contractors. Microsoft may use contractors to perform services, but will be
responsible for their performance, subject to the terms of this agreement.
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b. Microsoft as independent contractor. The parties are independent contractors.
Customer and Microsoft each may develop products independently without using the
other’s Confidential Information.
c. Notices. Notices to Microsoft must be sent to the address on the signature form. Notices
must be in writing and will be treated as delivered on the date shown on the return receipt
or on the courier or fax confirmation of delivery. M icrosoft may provide information to
Customer about upcoming ordering deadlines, services and subscription information in
electronic form, including by email to contacts provided by Customer. Emails will be
treated as delivered on the transmission date.
d. Agreement not exclusive. Customer is free to enter into agreements to license, use, or
promote non-Microsoft products or services.
e. Amendments. Any amendment to this agreement must be executed by both parties,
except that Microsoft may change the Product Terms and Use Rights from time to time,
subject to the terms of this agreement. Any additional or conflicting terms and conditions
contained in Customer’s or a Partner’s purchase order are expressly rejected and will not
apply. Microsoft may require Customer to sign a new agreement or an amendment to an
existing agreement before processing a new order or entering into a Supplemental
Agreement.
f. Assignment. Either party may assign this agreement to an Affiliate, but it must notify the
other party in writing of the assignment. Any other proposed assignment must be
approved by the non-assigning party in writing. Assignment will not relieve the assigning
party of its obligations under the assigned agre ement. Any attempted assignment without
required approval will be void.
g. Applicable law. The terms of each Supplemental Agreement entered into with any
Microsoft Affiliate located outside of Europe will be governed by and construed in
accordance with the laws of the State of Washington and federal laws of the United
States. The terms of each Supplemental Agreement entered into with a Microsoft Affiliate
located in Europe will be governed by and construed in accordance with the laws of
Ireland. Any dispute arising out of or in relation to Professional Services will be governed
by the law of the jurisdiction where the Microsoft Affiliate executing the relevant
Statement of Services is organized. The 1980 United Nations Convention on Contracts
for the International Sale of Goods and its related instruments will not apply to this
agreement.
h. Dispute resolution. When bringing an action arising under this agreement, the parties
agree to the following exclusive venues:
(i) If Microsoft brings the action, the venue will be where Customer’s contracting Affiliate
has its headquarters;
(ii) If Customer brings the action to enforce a Statement of Services, the venue will be
where the Microsoft Affiliate executing the Statement of Services has its
headquarters. For all other actions, (1) If Customer brings the action against any
Microsoft Affiliate located outside of Europe, the venue will be the state or federal
courts in King County, State of Washington, U.S.A.; and (2) If Customer brings the
action against any Microsoft Affiliate located in Europe, and not also against a
Microsoft Affiliate located outside of Europe, the venue will be in Ireland.
The parties consent to personal jurisdiction in the agreed venue. This choice of
venue does not prevent either party from seeking injunctive relief in any appropriate
jurisdiction with respect to a violation of intellectual property rights or confidentiality
obligations.
i. Severability. If any provision in this agreement is held to be unenforceable, the balance
of the agreement will remain in full force and effect.
j. Waiver. Failure to enforce any provision of this agreement will not constitute a waiver.
Any waiver must be in writing and signed by the waiving party.
k. No third-party beneficiaries. This Agreement does not create any third-party
beneficiary rights.
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l. Survival. All provisions survive termination or expiration of this agreement except those
requiring performance only during the term of the agreement.
m. Professional Services payment terms. Customer agrees to pay all fees in a Statement
of Services within 30 days of the date of invoice, unless the Statement of Services
provides otherwise. Microsoft may assess a finance charge of the lesser of 18% per
annum, accrued, calculated and payable monthly, or the highest amount allowed by law,
on all past due amounts due to Microsoft. Microsoft will have no obligation to continue to
provide Professional Services if Customer fails to make timely payment.
n. Taxes. If any amounts are to be paid to Microsoft, the amounts owed are exclusive of any
taxes unless otherwise specified on the invoice as tax inclusive. Customer shall pay all
value added, goods and services, sales, gross receipts, or other transaction taxes, fees,
charges, or surcharges, or any regulatory cost recovery surcharges or similar amounts
that are owed under this agreement and that Microsoft is permitted to collect from
Customer under applicable law. Customer shall be responsible for any applicable stamp
taxes and for all other taxes that it is legally obligated to pay, including any taxes that
arise on the distribution or provision of Products or Professional Services by Customer to
its Affiliates. Microsoft shall be responsible for payment of all taxes based upon its net
income, gross receipts taxes imposed in lieu of taxes on income or profits, or taxes on
Microsoft’s property ownership.
If any taxes are required to be withheld on payments made to Microsoft, Customer may
deduct such taxes from the amount owed and pay them to the appropriate taxing
authority; provided, however, that Customer promptly secures and delivers to Microsoft
an official receipt for those withholdings and other documents Microsoft reasonably
requests to claim a foreign tax credit or refund. Customer must ensure that any taxes
withheld are minimized to the extent possible under applicable law.
11. Country-specific provisions.
The country-specific provisions available at the VolumeLicensing Site that correspond with the version
of this MBSA (as noted in the footer of each document) replace or supplement the equivalent
provisions above as noted therein where the Customer is located in the countries identified in the
country-specific terms and in any case where the law of the jurisdictions listed in the country-specific
provisions gets applied.
Item 5c
Enterprise Enrollment (Indirect) Corporate
Enterprise Enrollment number
Microsoft to complete
Previous Enrollment number
Reseller to complete
This Enrollment must be attached to a signature form to be valid.
This Microsoft Enterprise Enrollment is entered into between the entities identified on the signature form as
of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or Customer’s
Affiliate, that entered into the Enterprise Agreement identified on the signature form.
This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement
identified on the signature form, (3) the terms of either the Microsoft Business Agreement or Microsoft
Business and Services Agreement (“Master Agreement”) identified on the signature form, (4) the Product
Selection Form, (5) the Product Terms, (6) the Online Service Terms, (7) any Supplemental Contact
Information form, Previous Agreement/Enrollment form and other forms that may be required, (8) the Online
Services Supplemental Terms and Conditions if Customer’s Master Agreement is a version 2009 or earlier
and Enrolled Affiliate is ordering Online Services, and (9) any order submitted under this Enrollment. This
Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this
Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement
and the Master Agreement.
Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or
more previous Enrollments or agreements, then the effective date will be the day after the first prior
Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the
renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will
be the date this Enrollment is accepted by Microsoft. Any reference to “anniversary date” refers to the
anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in
effect.
Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months
from the effective date of the initial term . The renewal term will expire 36 full calendar months after the
effective date of the renewal term. Any reference in this Enrollment to “day” will be a calendar day.
Prior Enrollment(s). If renewing Software Assurance or Subscription Licenses from another Enrollment
or agreement, the previous Enrollment or agreement number must be identified in the respective boxes
above. If renewing from multiple Enrollments or agreements, or transferring Software Assurance or MSDN
details, the Previous Agreement/Enrollment form must be used.
Terms and Conditions
1. Definitions.
Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement and
applicable Master Agreement. The following definitions also apply:
“Additional Product” means any Product identified as such in the Product Terms and chosen by Enrolled
Affiliate under this Enrollment.
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“Enterprise Online Service” means any Online Service designated as an Enterprise Online Service in the
Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are
treated as Online Services, except as noted.
“Enterprise Product” means any Desktop Platform Product that Microsoft designates as an Enterprise
Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products
must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this
program.
“Expiration Date” means the date upon which the Enrollment expires.
“Industry Device” (also known as line of business device) means any device that: (1) is not useable in its
deployed configuration as a general purpose personal computing device (e.g., personal computer), a multi-
function server, or a commercially viable substitute for one of these systems, and (2) only employs an
industry or task-specific software program (e.g., a computer-aided design program used by an architect or
a point of sale program) (“Industry Program”). The device may include features and functions derived from
Microsoft software or third-party software. If the device performs desktop functions (e.g., email, word
processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance),
then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program
functionality, and (2) must be technically integrated with the Industry Program or employ technically
enforced policies or architecture to operate only when used with the Industry Program functionality.
“Managed Device” means any device on which any Affiliate in the Enterprise directly or indirectly controls
one or more operating system environments. Examples of Managed Devices can be found in the Product
Terms.
“Qualified Device” means any device that is used by or for the benefit of Enrolled Aff iliate’s Enterprise and
is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running
Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access
a virtual desktop infrastructure (“VDI”). Qualified Devices do not include any device that is: (1) designated
as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At
its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is
used by or for the benefit of the Enrolled Affiliate’s Enterprise as a Qualified Device for all or a subset of
Enterprise Products or Online Services the Enrolled Affiliate has selected.
“Qualified User” means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a
Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access
License or any Enterprise Online Service. It does not include a person who accesses server software or
an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms.
“Reseller” means an entity authorized by Microsoft to resell Licenses under this program and engaged by
an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement.
“Reserved License” means for an Online Service identified as eligible for true-up in the Product Terms, the
License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service
available for activation.
“Software” means licensed copies of Microsoft software identified in the Product Terms. Software does not
include Online Services or Services Deliverables, but Software may be part of an Online Service.
“Use Rights” means, with respect to any licensing program, the use rights or terms of service for each
Product and version published for that licensing program at the Volume Licensing Site. The Use Rights
supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a
Product. The Use Rights for Software are published by Microsoft in the Product Terms. The Use Rights for
Online Services are published in the Online Services Terms.
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2. Order requirements.
a. Minimum order requirements. Enrolled Affiliate’s Enterprise must have a minimum of 500
Qualified Users or Qualified Devices. The initial order must include at least 500 Licenses in a
single Product pool for Enterprise Products or Enterprise Online Services.
(i) Enterprise commitment. Enrolled Affiliate must order enough Licenses from the Product
pool for each Enterprise Product ordered to cover all Qualified Users and/or all Qualified
Devices. Enrolled Affiliate may elect to mix Enterprise Products and Enterprise Online
Services within a Product pool as long as all Qualified Devices not covered by a License
are only used by users covered with a user License.
(ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled
Affiliate need only maintain at least 500 Subscription Licenses for Enterprise Online
Services.
b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled
Affiliate may order Additional Products and Services.
c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has
more restrictive use rights than the version that is current at the start of the applicable initial or
renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled
Affiliate’s use of that Product during that term.
d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used
on its initial order and on any additional orders.
e. Resellers. Orders must be submitted to an authorized Reseller who will transmit the order to
Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between
them, and Microsoft will invoice the Reseller based on those terms. Resellers and other third
parties do not have authority to bind or impose any obligation or liability on the Microsoft Affiliate
that enters into this Enrollment.
f. Adding Products.
(i) Adding new Products not previously ordered. New Enterprise Products or Enterprise
Online Services may be added at any time by contacting a Microsoft Account Manager or
Reseller. New Additional Products, other than Online Services, may be used if an order is
placed in the month the Product is first used. For Additional Products that are Online
Services, an initial order for the Online Service is required prior to use.
(ii) Adding Licenses for previously ordered Products. Additional Licenses for previously
ordered Products other than Online Services may be added at any time but must be
included in the next true-up order. Additional Licenses for Online Services must be ordered
prior to use unless the Online Services are (1) identified as eligible for true-up in the Product
Terms or (2) included as part of other Licenses.
g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts
for changes since the initial order or last order. If there are no changes, then an update
statement must be submitted instead of a true-up order.
(i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the
number of Qualified Devices and Qualified Users (if ordering user -based Licenses) at the
time the true-up order is placed and must order additional Licenses for all Qualified Devices
and Qualified Users that are not already covered by existing Licenses, including any
Enterprise Online Services.
(ii) Additional Products. For Additional Products that have been previously ordered under
this Enrollment, Enrolled Affiliate must determine the maximum number of Additional
Products used since the latter of the initial order, the last true-up order, or the prior
anniversary date and submit a true-up order that accounts for any increase.
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(iii) Online Services. For Online Services identified as eligible for true-up in the Product
Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to
use, and payment may be deferred until the next true -up order. Microsoft will provide a
report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its
Reseller. Reserved Licenses will be invoiced retroactively to the month in which they were
ordered.
(iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of
Subscription Licenses at the Enrollment anniversary date on a prospective basis if
permitted in the Product Terms, as follows:
1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may
be reduced if the total quantity of Licenses and Software Assurance for an applicable
group meets or exceeds the quantity of Qualified Devices or Qualified Users (if ordering
user-based Licenses) identified on the Product Selection Form, and includes any
additional Qualified Devices and Qualified Users added in any prior true-up orders.
Step-up Licenses and add-on Subscription Licenses do not count towards this total
count.
2) For Enterprise Online Services in a given Product pool that are not a part of an
Enterprise-wide purchase, Licenses can be reduced as long as the initial order
minimum requirements are maintained.
3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may
reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate’s
use of the applicable Subscription License will be cancelled.
Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up
order Enrollment anniversary date and effective as of such date.
(v) Update statement. An update statement must be submitted instead of a true-up order if,
since the initial order or last true-up order, Enrolled Affiliate’s Enterprise has not: (1)
changed the number of Qualified Devices and Qualified Users licensed with Enterprise
Products or Enterprise Online Services, and (2) increased its usage of Additional Products.
This update statement must be signed by Enrolled Affiliate’s authorized representative.
(vi) True-up order period. The true-up order or update statement must be received by
Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third -
year true-up order or update statement is due within 30 days prior to the Expiration Date,
and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate
may submit true-up orders more often to account for increases in Product usage, but an
annual true-up order or update statement must still be submitted during the annual order
period.
(vii) Late true-up order. If the true-up order or update statement is not received when due,
Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and
Subscription License reductions cannot be reported until the following Enrollment
anniversary date (or at Enrollment renewal, as applicable).
h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate
may step-up to a higher edition or suite as follows:
(i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to
the true-up process.
(ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up
initially by following the process described in the Section titled “Adding new Products not
previously ordered,” then for additional step-up Licenses, by following the true-up order
process.
i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents
submitted with or under this Enrollment, by providing notice by email and a reasonable
Item 5c
opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor
mistakes, unintentional additions and omissions. This provision does not apply to material
terms, such as the identity, quantity or price of a Product ordered.
j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance
with this Enrollment as set forth in the Master Agreement.
3. Pricing.
a. Price levels. Each Product is assigned to a Product pool as shown in the Product Terms.
Price levels (A, B, C or D) are set separately for each pool. Price levels for the applicable
Product pools are set forth in the Product Selection Form.
b. Setting prices. Enrolled Affiliate’s prices for each Product or Service will be established by its
Reseller. Except for Online Services designated in the Product Terms as being exempt from
fixed pricing, Microsoft’s prices to Reseller for each Product or Service ordered will be fixed
throughout the applicable initial or renewal Enrollment term, provided that Enrolled Affiliate
qualifies for the same price level for the entire term. Price levels and Microsoft’s prices to
Reseller are reestablished at the beginning of the renewal term. If Enrolled Affiliate qualifies
for a different price level during the applicable initial or renewal term, Microsoft may at its
discretion establish a new price level for future new orders either upon Enrolled Affiliate’s
request or on its own initiative. Any changes will be based upon price level rules in the Product
Selection Form.
4. Payment terms.
For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the
applicable Enrollment term. If an upfront payment is elected, Microsoft will invoice Enrolled Affiliate’s
Reseller in full upon acceptance of this Enrollment. If spread payments are elected, unless indicated
otherwise, Microsoft will invoice Enrolled Affiliate’s Reseller in three equal annual installments. The first
installment will be invoiced upon Microsoft’s acceptance of this E nrollment and remaining installments will
be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon
acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and
upfront for all other Licenses.
5. End of Enrollment term and termination.
a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses
for Products it has used but has not previously submitted an order, except as otherwise
provided in this Enrollment.
b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew
Products and Services by renewing this Enrollment for one additional 36 month term or by
signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form,
and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any
renewal. Microsoft may make changes to this program that will make it necessary for Customer
and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal.
c. If Enrolled Affiliate elects not to renew.
(i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any
Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software
Assurance later without first acquiring a new License with Software Assurance.
(ii) Online Services eligible for an Extended Term. For Online Services identified as eligible
for an Extended Term in the Product Terms, the following options are available at the end
of the Enrollment initial or renewal term.
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1) Extended Term. If Enrolled Affiliate does not renew prior to the Expiration Date,
access to the Online Services will automatically continue month-to-month in
accordance with the terms of the Enrollment (“Extended Term”) for up to one year
unless designated in the Product Terms to continue until cancelled . For the first twelve
months of the Extended Term, Online Services will be invoiced monthly at the then-
current published price for Enrolled Affiliate’s price level as of the Expiration Date plus
a 3% administrative fee. As of the first day of the thirteenth month of the Extended
Term, Online Services that continue until cancelled will be invoiced at the then-current
published price for price level A plus a 3% administrative fee. If Enrolled Affiliate does
not want an Extended Term, Enrolled Affiliate must submit a request to Microsoft at
least 30 days prior to the Expiration Date.
2) Cancellation during Extended Term. At any time during the first year of the
Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a
notice of cancellation to Microsoft for each Online Service. Thereafter, either party
may terminate the Extended Term by providing the other with a notice of cancellation
for each Online Service. Cancellation will be effective at the end of the month following
30 days after Microsoft has received or issued the notice.
(iii) Subscription Licenses and Online Services without an Extended Term. If Enrolled
Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the
Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled
Affiliate’s Enterprise must discontinue use. Microsoft may request writt en certification to
verify compliance.
d. Termination for cause. Any termination for cause of this Enrollment will be subject to the
“Termination for cause” section of the agreement.
e. Early termination. If an Enrolled Affiliate terminates its Enrollment as a result of a breach by
Microsoft, or if Microsoft terminates this Enrollment because Enrolled Affiliate has ceased to
be Customer’s Affiliate, then Enrolled Affiliate will have the following options for Licenses,
excluding Subscription Licenses:
(i) It may immediately pay the total remaining amount due, including all installments, in which
case, Enrolled Affiliate will have perpetual rights for all Licenses it has ordered (for the
latest version of Products ordered under Software Assurance coverage in an initial or
renewal term), or
(ii) It may pay only amounts due as of the termination date, in which case Enrolled Affiliate will
have perpetual Licenses (for the latest version of Products ordered under Software
Assurance coverage in an initial or renewal term) for (1) all copies of Products for which
payment has been made in full, and (2) a proportional number of copies of Products it has
ordered for which payment has been made.
For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an
Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid
in advance for the period after termination.
Item 5c
Enrollment Details
1. Enrolled Affiliate’s Enterprise.
a. Identify which Affiliates are included in the Enterprise (Required). Affiliates must be separate
legal entities, not departments, divisions, or business units.
Check only one box in this section. If no boxes are checked, Microsoft will deem the
Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will
deem the Enterprise to include the largest number of Affiliates.
Enrolled Affiliate only
Enrolled Affiliate and all Affiliates
Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included
if fewer than all Affiliates are to be included in the Enterprise.):
Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded:
b. Please indicate whether Enrolled Affiliate’s Enterprise will include all new Affiliates acquired
after the start of this Enrollment: <Choose One>
2. Contact information.
Each party will notify the other in writing if any of the information in the following contact information page(s)
changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate
consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties
that help administer this Enrollment. The personal information provided in connection with this Enrollment
will be used and protected in accordance with the privacy statement available at
https://www.microsoft.com/licensing/servicecenter.
a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled
Affiliate’s Enterprise. This contact is also an Online Administrator for the Volume Licensing
Service Center and may grant online access to others. The primary contact will be the default
contact for all purposes unless separate contacts are identified for specific purposes.
Name of entity (must be legal entity name)*
Contact name: First* Last*
Contact email address*
Street address*
City*
State/Province*
Item 5c
Postal code* -
(For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx)
Country*
Phone
Tax ID
* indicates required field
b. Notices contact and Online Administrator. This contact (1) receives the contractual notices,
(2) is the Online Administrator for the Volume Licensing Service Center and may grant online
access to others, and (3) is authorized to order Reserved Licenses for eligible Online Services,
including adding or reassigning Licenses and stepping-up prior to a true-up order.
Same as primary contact (default if no information is provided below, even if box is not
checked)
Contact name: First* Last*
Contact email address*
Street address*
City*
State/Province*
Postal code* -
(For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx)
Country*
Phone
Language preference. Choose the language for notices. English
This contact is a third party (not Enrolled Affiliate). Warning: This contact receives
personally identifiable information of the Customer and its Affiliates.
* indicates required field
c. Online Services Manager. This contact is authorized to (1) manage the Online Services
ordered under the Enrollment and (2) reserve Licenses for eligible Online Services, including
adding or reassigning Licenses and stepping-up prior to a true-up order.
Same as notices contact and Online Administrator (default if no information is provided
below, even if box is not checked)
Contact name: First* Last*
Contact email address*
Phone
This contact is from a third party organization (not the entity). Warning: This contact
receives personally identifiable information of the entity.
* indicates required field
d. Reseller information. Reseller contact for this Enrollment is:
Reseller company name*
Street address (PO boxes will not be accepted)*
City*
State/Province*
Postal code*
Country*
Contact name: First* Last*
Phone
Contact email address*
* indicates required field
Item 5c
By signing below, the Reseller identified above confirms that all information provided in this
Enrollment is correct.
Signature*
Printed name*
Printed title*
Date*
* indicates required field
Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with
each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the
Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the
other party using a form provided by Microsoft at least 90 days prior to the date on which the
change is to take effect.
e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental
Contact Information form. Otherwise, the notices contact and Online Administrator remains
the default.
(i) Additional Notices Contact
(ii) Software Assurance Manager
(iii) Subscriptions Manager
(iv) Customer Support Manager (CSM) contact
3. Financing elections.
Is a purchase under this Enrollment being financed through MS Financing? Yes, No.
If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to
finance any associated taxes, it must pay these taxes directly to Microsoft.
Item 5c
Supplemental Contact Information Form
This form can be used in combination with MBSA, Agreement, and Enrollment/Registration.
However, a separate form must be submitted for each enrollment/registration, when more than one is
submitted on a signature form. For the purposes of this form, “entity” can mean the signing entity,
Customer, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume
licensing program agreement. Primary and Notices contacts in this form will not apply to enrollments
or registrations.
This form applies to: MBSA
Agreement
Enrollment/Affiliate Registration Form
Insert primary entity name if more than one Enrollment/Registration
Form is submitted
Contact information.
Each party will notify the other in writing if any of the information in the following contact information
page(s) changes. The asterisks (*) indicate required fields; if the entity chooses to designate other
contact types, the same required fields must be completed for each section. By providing contact
information, entity consents to its use for purposes of administering the Enrollment by Microsoft and other
parties that help Microsoft administer this Enrollment. The personal information provided in connection
with this agreement will be used and protected according to the privacy statement available at
https://licensing.microsoft.com.
1. Additional notices contact.
This contact receives all notices that are sent from Microsoft. No online access is granted to this
individual.
Name of entity*
Contact name*: First Last
Contact email address*
Street address*
City* State/Province* Postal code*
Country*
Phone* Fax
This contact is a third party (not the entity). Warning: This contact receives personally identifiable
information of the entity.
2. Software Assurance manager.
This contact will receive online permissions to manage the Software Assurance benefits under the
Enrollment or Registration.
Name of entity*
Contact name*: First Last
Contact email address*
Street address*
City* State/Province* Postal code*
Item 5c
Country*
Phone* Fax
This contact is a third party (not the entity). Warning: This contact receives personally identifiable
information of the entity.
3. Subscriptions manager.
This contact will assign MSDN, Expression, and TechNet Plus subscription licenses to the individual
subscribers under this Enrollment or Registration. Assignment of the subscription licenses is necessary
for access to any of the online benefits, such as subscription downloads. This contact will also manage
any complimentary or additional media purchases related to these subscriptions.
Name of entity*
Contact name*: First Last
Contact email address*
Street address*
City* State/Province* Postal code*
Country*
Phone* Fax
This contact is a third party (not the entity). Warning: This contact receives personally identifiable
information of the entity.
4. Online services manager.
This contact will be provided online permissions to manage the online services ordered under the
Enrollment or Registration.
Name of entity*
Contact name*: First Last
Contact email address*
Street address*
City* State/Province* Postal code*
Country*
Phone* Fax
This contact is a third party (not the entity). Warning: This contact receives personally identifiable
information of the entity.
5. Customer Support Manager (CSM).
This person is designated as the Customer Support Manager (CSM) for support-related activities.
Name of entity*
Contact name*: First Last
Contact email address*
Street address*
City* State/Province* Postal code*
Country*
Phone* Fax
6. Primary contact information.
An individual from inside the organization must serve as the primary contact. This contact receives online
administrator permissions and may grant online access to others . This contact also receives all notices
unless Microsoft is provided written notice of a change.
Name of entity*
Item 5c
Contact name*: First Last
Contact email address*
Street address*
City* State/Province* Postal code*
Country*
Phone* Fax
7. Notices contact and online administrator information.
This individual receives online administrator permissions and may grant online access to others. This
contact also receives all notices.
Same as primary contact
Name of entity*
Contact name*: First Last
Contact email address*
Street address*
City* State/Province* Postal code*
Country*
Phone* Fax
This contact is a third party (not the entity). Warning: This contact receives personally identifiable
information of the entity.
Item 5c
Program Signature Form
MBA/MBSA number Proposal ID
Agreement number
Note: Enter the applicable active numbers associated with the documents below. Microsoft requires
the associated active number be indicated here, or listed below as new.
For the purposes of this form, “Customer” can mean the signing entity, Enrolled Affiliate,
Government Partner, Institution, or other party entering into a volume licensing program agreement.
This signature form and all contract documents identified in the table below are entered into between
the Customer and the Microsoft Affiliate signing, as of the effective date identified below.
Contract Document Number or Code
<Choose Agreement> Document Number or Code
<Choose Agreement> Document Number or Code
<Choose Agreement> Document Number or Code
<Choose Agreement> Document Number or Code
<Choose Agreement> Document Number or Code
<Choose Enrollment/Registration> Document Number or Code
<Choose Enrollment/Registration> Document Number or Code
<Choose Enrollment/Registration> Document Number or Code
<Choose Enrollment/Registration> Document Number or Code
<Choose Enrollment/Registration> Document Number or Code
Document Description Document Number or Code
Document Description Document Number or Code
Document Description Document Number or Code
Document Description Document Number or Code
Document Description Document Number or Code
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read
and understand the above contract documents, including any websites or documents incorporated by
reference and any amendments and (2) agree to be bound by the terms of all such documents.
Customer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
Tax ID
* indicates required field
Item 5c
Microsoft Affiliate
Microsoft Corporation
Signature
Printed First and Last Name
Printed Title
Signature Date
(date Microsoft Affiliate countersigns)
Agreement Effective Date
(may be different than Microsoft’s signature date)
Optional 2nd Customer signature or Outsourcer signature (if applicable)
Customer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
Outsourcer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments,
include the appropriate form(s) with this signature form.
After this signature form is signed by the Customer, send it and the Contract Documents to Customer’s
channel partner or Microsoft account manager, who must submit them to the following address. When
the signature form is fully executed by Microsoft, Customer will receive a confirmation copy.
Microsoft Corporation
Dept. 551, Volume Licensing
6100 Neil Road, Suite 210
Reno, Nevada 89511-1137
USA
Item 5c
Qualifying Government Entity Addendum
This Qualifying Government Entity Addendum modifies the terms of the Select or Select Plus
(“Agreement”) or Enterprise or Enterprise Subscription Agreement (“Agreement”) as follows:
1. The following definition is added:
“Eligible Entity” means a public sector entity that meets the criteria set out at
http://www.microsoft.com/licensing/contracts in the document entitled “Microsoft Government Eligibility
Definition.”
2. The definitions of “Customer” and “Affiliate” are amended as
follows:
When used in this Agreement or Enrollment, as applicable, “Customer” refers to the Eligible Entity that
signs this Agreement/Enrollment with Microsoft, and the definition of “Affiliate”, as set forth in the Master
Agreement, is modified to include only Eligible Entities located in the same country as the Eligible Entity
signing this Agreement/Enrollment, as applicable, with Microsoft.
3. The Minimum Order requirements section of the Agreement is
amended as follows:
Notwithstanding anything to the contrary in the Agreement, a n Eligible Entity’s Enterprise must have a
minimum of 250 Qualified Users or Qualified Devices, and its initial order must include at least 250
Licenses in a single Product pool for Enterprise Products or Enterprise Online Services. If no Enterprise
Product is ordered, an Eligible Entity need only maintain at least 250 Subscription Licenses for
Enterprise Online Services.
4. The following pricing provision is added:
Customer represents that Customer and Customer’s Affiliates are Eligible Entities. As an Eligible Entity,
Customer may receive price level D for all Products and pools under this Agreement/Enrollment, as
applicable.
5. The following “Mid-term Cancellation for Non-appropriation of
Funds” provision is added:
Termination of Enrollment – non-appropriation of funds. Subject to the provisions in the Section
titled “Effect of termination or expiration,” a Customer or an Enrolled Affiliate may terminate an
Agreement or Enrollment without liability, penalty or further obligation to make payments if funds to
make payments under the Agreement or Enrollment are not appropriated or allocated for such purpose.
Effect of termination. Upon termination of any Enrollment, the Enrolled Affiliate must order Licenses
for all copies of Products it or its Affiliates have run under its Enrollment for which the Enrolled Affiliate
has not previously submitted an order. Except as provided in the next paragraph, in the event of
termination, all unpaid installments of the purchase price for any Licenses will immediately become due
and payable, and the Enrolled Affiliate will be entitled to perpetual Licenses only after all such payments
have been made.
Early termination. If Customer or Enrolled Affiliate terminates an Enrollment for non-appropriation of
funds, or Microsoft terminates an Enrollment for non-payment due to non-appropriation of funds of
Customer or Enrolled Affiliate, then Customer or the Enrolled Affiliate will have the following options:
a. It may immediately pay the total remaining amount due, including all installments, in which
case the Enrolled Affiliate will have perpetual Licenses for all copies of the Products it has
ordered, or
Item 5c
b. It may pay only amounts due as of the termination date, in which case the Enrolled Affiliate
will have perpetual Licenses for (1) all copies of all Products for which payment has been
made in full, and (2) the number of copies of Products it has ordered (including the latest
version of Products ordered under SA coverage in an initial or renewal term) for which
payment has been made in installments that is proportional to the total of payments made
versus total amounts due if the early termination had not occurred.
6. Where “Extended Term” is available for eligible Online Services,
the following is added:
Enrolled Affiliate will not automatically have an Extended Term. If Enrolled Affiliate wants an Extended
Term, Enrolled Affiliate may submit a request to Microsoft. Microsoft must receive the request not less
than 30 days prior to the Expiration Date.
7. The following provision is added:
Natural Disaster. In the event of a natural disaster, Microsoft may provide additional assistance or
rights by posting them on http://www.microsoft.com at such time.
Item 5c
Previous Enrollment(s)/Agreement(s) Form
Entity Name:
Contract that this form is attached to: <choose>
For the purposes of this form, “entity” can mean the signing entity, Customer, Enrolled Affiliate,
Government Partner, Institution, or other party entering into a volume licensing program agreement.
Please provide a description of the previous Enrollment(s), Agreement(s), Purchasing Account(s),
and/or Affiliate Registration(s) being renewed or consolidated into t he new contract identified above.
a. Entity may select below any previous contract(s) from which to transfer MSDN subscribers
to this new contract. Entity shall ensure that each MSDN subscriber transferred is either
properly licensed under the new contract or is removed.
b. Entity may select below only one previous contract from which to transfer the Software
Assurance (SA) Benefit contact details, i.e., benefits contact (not the SA manager) and the
program codes, to this new contract.
c. An Open License cannot be used to transfer either the SA Benefit details or MSDN
subscribers.
d. The date of the earliest expiring Enrollment/Agreement that contains SA or Online Services
will be the effective date of the new contract (or SA coverage period for Select Plus).
e. Please insert the number of the earliest expiring Enrollment/Agreement with SA or Online
Services in the appropriate fields of the new contract.
Enrollment/Agreement/
Purchasing Account/Affiliate
Registration Description
Enrollment/Agreement/
Purchasing Account/Affiliate
Registration Public Customer
Number
Transfer
SA Benefit
Contact
Transfer
MSDN
Subscribers
Item 5c
Enterprise and Enterprise Subscription Enrollment
Product Selection Form
Enrollment Number
Microsoft to complete for initial term.
Reseller or Software Advisor to
complete for renewal or with prior
qualifying Enrollment/Agreement
Step 1. Enter all fields in the table below (Required).
Profile Qualified
Devices Qualified Users
Enterprise
Product
Platform
Licensing Model
Enterprise Choose One Choose One
Device Profile
(e.g. Call Center) Choose One Choose One
Step 2. Select the Products and Quantities Enrolled Affiliate is ordering on its initial Enrollment
Order. Quantity may not include any Licenses which Enrolled Affiliate has selected for optional
future use, or to which it is stepping-up within Enrollment term.
Products Enterprise
Quantity
Device Profile
(e.g. Call Center)
Microsoft 365
Microsoft 365 E3 USL
Microsoft 365 E3 Add-on
Microsoft 365 E5 USL
Microsoft 365 E5 Add-on
Office Professional Plus
Office Professional Plus
Office 365 ProPlus
Office 365 Plans
Office 365 Plan E1 USL
Office 365 Plan E3 USL
Office 365 Plan E5 USL
Office 365 Plan E1 Add-on
Office 365 Plan E3 Add-on
Office 365 Plan E5 Add-on
Office 365 Plan E3 without ProPlus Add-on
Client Access License (CAL)
Choose Core CAL or Enterprise CAL: <Choose One> <Choose One>
Core CAL or Enterprise CAL
Bridge for Office 365
Bridge for Enterprise Mobility Suite
Windows Desktop
Windows 10 Enterprise E3 and LTSB Upgrade
per Device
Windows 10 Enterprise E5 per Device SL
Windows 10 Enterprise E3 per User SL
Windows 10 Enterprise E3 per User Add-on SL
Windows 10 Enterprise E5 per User SL
Windows 10 Enterprise E5 per User Add-on SL
Item 5c
Products Enterprise
Quantity
Device Profile
(e.g. Call Center)
Windows 10 Enterprise E5 per Device Add-on
SL
Windows VDA
Windows VDA per User SL
Microsoft Intune
Microsoft Intune USL
Enterprise Mobility + Security
Enterprise Mobility + Security E3 USL
Enterprise Mobility + Security E3 Add-on
Enterprise Mobility + Security E5 USL
Enterprise Mobility + Security E5 Add-on
Step 3. Establish the Enrolled Affiliate’s price level. Unless otherwise indicated in the associated
contract documents, the price level for each Product offering/pool is set based upon the quantity
to price level mapping. DO NOT INCLUDE BRIDGE CALs OR ADD-ONs.
Price
Group 1 2 3 4
Enterprise
Products
Office Professional
Plus + Office 365
ProPlus + Office
365 (Plans
E3 and E5) +
Microsoft 365 USL
Client Access
License + Office
365 (Plans E1,
E3, and E5) +
Microsoft 365 USL
Client Access
License +
Microsoft Intune +
Enterprise Mobility
and Security USL
+ Microsoft 365
USL
Windows Enterprise
E3 and LTSB
Upgrade+ Windows
Enterprise E5 + Win
E3/E5 USL + Win
E3/E5 per Device +
Windows VDA +
Windows Enterprise
E3 per User SL +
Windows Enterprise
E5 per User SL +
Windows VDA per
User USL +
Microsoft 365 USL
Quantity
Product Offering / Pool Price Level
Enterprise Products and Enterprise Online Services USLs: Unless
otherwise indicated in associated contract documents, Price Level is set using
the highest quantity from Groups 1 through 4.
Additional Product Application Pool: Unless otherwise indicated in
associated contract documents, Price Level is set using quantity from Group 1.
Additional Product Server Pool: Unless otherwise indicated in associated
contract documents, Price Level is set using the highest quantity from Group 2
or 3.
Additional Product Systems Pool: Unless otherwise indicated in associated
contract documents, Price Level is set using quantity from Group 4.
Item 5c
Quantity of Licenses and Software Assurance to Price Level Mapping:
Quantity of Licenses and Software Assurance Price Level
2,399 and below A
2,400 to 5,999 B
6,000 to 14,999 C
15,000 and above D
Notes:
1. Enterprise Online Services may not be available in all locations. Please see the Product Terms
for a list of locations where these may be purchased.
2. If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated
with an applicable Product pool, the price level for Additional Products in the same pool will be
price level “A” throughout the term of the Enrollment.
3. Unless otherwise indicated in the associated Agreement documents, the CAL selection must be
the same across the Enterprise for each Profile.
This form must be attached to a signature form to be valid.
Item 5c
Enterprise Agreement
This Microsoft Enterprise Agreement is entered into between the entities identified on the signature
form.
Effective date. The effective date of this agreement is the earliest effective date of any Enrollment
entered into under this agreement or the date Microsoft accepts this agreement, whichever is earlier.
Any reference in this agreement or an Enrollment to a “day” means a calendar day, except references
that specify “business day.”
This agreement consists of (1) these terms and conditions and the signature form, (2) the terms of either
the Microsoft Business Agreement or Microsoft Business and Services Agreement (“Master
Agreement”) identified on the signature form, (3) the Product Terms, (4) the Online Services Terms,
and (5) any Enrollment entered into under this agreement. By entering into this agreement, Customer
agrees to be bound by the terms and conditions of the Master Agreement . If Customer is a qualifying
government entity, the Qualifying Government Entity Addendum is incorporated by reference.
Please note: Documents referenced in this agreement but not attached to the signature form may be
found at http://www.microsoft.com/licensing/contracts and are incorporated in this agreement by
reference, including the Product Terms, Online Services Terms and Qualifying Government Entity
Addendum. These documents may contain additional terms and conditions for Products licensed under
this agreement and may be changed from time to time. Customer should review such documents
carefully, both at the time of signing and periodically thereafter, and fully understand all terms and
conditions applicable to Products licensed and Services ordered.
Terms and Conditions
1. Definitions.
Terms used in this agreement but not otherwise defined will have the definition provided in the Master
Agreement. The following definitions also apply:
“Customer” means the entity that has entered into this agreement with Microsoft.
“Enrolled Affiliate” means an entity, either Customer or any one of Customer’s Affiliates, that has
entered into an Enrollment under this agreement.
“Enrollment” means the document that an Enrolled Affiliate submits under this agreement to place
orders for Products and Services.
“Enterprise” means Enrolled Affiliate and the Affiliates it chooses to include on its Enrollment.
“License” means the right to download, install, access and use a Product. For certain Products, a
License may be available on a fixed term or subscription basis (“Subscription License”). Licenses for
Online Services will be considered Subscription Licenses.
“Microsoft” means the Microsoft Affiliate that has entered into this agreement or an Enrollment and its
Affiliates, as appropriate.
“Software” means licensed copies of Microsoft software identified in the Product Terms. Software does
not include Online Services or Services Deliverables, but Software may be part of an Online Service.
“Software Assurance” is an offering by Microsoft that provides new version rights and other benefits for
Products as further described in the Product Terms.
“Use Rights” means, with respect to any licensing program, the use rights or terms of service for each
Product and version published for that licensing program at the Volume Licensing Site. The Use Rights
supersede the terms of any end user license agreement (on -screen or otherwise) that accompanies a
Product. The Use Rights for Software are published by Microsoft in the Product Terms. The Use Rights
for Online Services are published in the Online Services Terms.
Item 5c
2. Licenses for Products.
a. License Grant. Microsoft grants the Enterprise a non-exclusive, worldwide and limited
right to download, install and use software Products, and to access and use the Online
Services, each in the quantity ordered under an Enrollment. The rights granted are subject
to the terms of this agreement, the Use Rights and the Product Terms. Microsoft reserves
all rights not expressly granted in this agreement.
b. Duration of Licenses. Subscription Licenses and most Software Assurance rights are
temporary and expire when the applicable Enrollment is terminated or expires, unless the
Enrolled Affiliate exercises a buy-out option, which is available for some Subscription
Licenses. Except as otherwise noted in the applicable Enrollment or Use Rights, all other
Licenses become perpetual only when all payments for that License have been made and
the initial Enrollment term has expired.
c. Applicable Use Rights.
(i) Products (other than Online Services). The Use Rights in effect on the effective
date of the applicable Enrollment term will apply to Enterprise’s use of the version of
each Product that is current at the time. For future versions and new Products, the Use
Rights in effect when those versions and Products are first released will
apply. Changes Microsoft makes to the Use Rights for a particular version will not
apply unless the Enrolled Affiliate chooses to have those changes apply. The Use
Rights applicable to perpetual Licenses that were acquired under a previous agreement
or Enrollment are determined by the agreement or Enrollment under which they were
acquired. Renewal of Software Assurance does not change which Use Rights apply
to those Licenses.
(ii) Online Services. For Online Services, the Use Rights in effect on the subscription
start date will apply for the subscription term as defined in the Product Terms.
d. Downgrade rights. Enterprise may use an earlier version of a Product than the version
that is current on the effective date of the Enrollment. For Licenses acquired in the current
Enrollment term , the Use Rights for the current version apply to the use of the earlier
version. If the earlier Product version includes features that are not in the new version,
then the Use Rights applicable to the earlier version apply with respect to those features.
e. New Version Rights under Software Assurance. Enrolled Affiliate must order and
maintain continuous Software Assurance coverage for each License ordered. With
Software Assurance coverage, Enterprise automatically has the right to use a new version
of a licensed Product as soon as it is released, even if Enterprise chooses not to use the
new version immediately.
(i) Except as otherwise permitted under an Enrollment, use of the new version will be
subject to the new version’s Use Rights.
(ii) If the License for the earlier version of the Product is perpetual at the time the new
version is released, the License for the new version will also be perpetual. Perpetual
Licenses obtained through Software Assurance replace any perpetual Licenses for the
earlier version.
f. License confirmation. This agreement, the applicable Enrollment, Enrolled Affiliate’s
order confirmation, and any documentation evidencing transfers of perpetual Licenses,
together with proof of payment, will be Enrolled Affiliate’s evidence of all Licenses obtained
under an Enrollment.
g. Acquisitions, divestitures, and mergers. If the number of Licenses covered by an
Enrollment changes by more than ten percent as a result of (1) an acquisition of an entity
or an operating division, (2) a divestiture of an Affiliate or an operating division of Enrolled
Affiliate or any of its Affiliates, or (3) a merger including a merger with a third party that has
an existing agreement or Enrollment, Microsoft will work with Enrolled Affiliate in good faith
to determine how to accommodate its changed circumstances in the context of this
agreement.
Item 5c
3. Making copies of Products and re-imaging rights.
a. General. Enrolled Affiliate may make as many copies of Products as it needs to distribute
them within the Enterprise. Copies must be true and complete (including copyright and
trademark notices) from master copies obtained from a Microsoft approved fulfillment
source. Enrolled Affiliate may use a third party to make these copies, but Enrolled Affiliate
agrees it will be responsible for any third party’s actions. Enrolled Affiliate agrees to make
reasonable efforts to notify its employees, agents, and any other individuals who use the
Products that the Products are licensed from Microsoft and subject to the terms of this
agreement.
b. Copies for training/evaluation and back-up. For all Products other than Online Services,
Enrolled Affiliate may (1) use up to 20 complimentary copies of any licensed Products in a
dedicated training facility on its premises for purposes of training on that particular Product,
(2) use up to 10 complimentary copies of any Products for a 60 day evaluation period, and
(3) use one complimentary copy of any licensed Product for back-up or archival purposes
for each of its distinct geographic locations. Trials for Online Services may be available if
specified in the Use Rights.
c. Right to re-image. In certain cases, re-imaging is permitted using the Product media. If
the Microsoft Product is licensed (1) from an original equipment manufacturer (OEM), (2)
as a full packaged Product through a retail source, or (3) under another Microsoft program,
then media provided under this agreement may generally be used to create images for use
in place of copies provided through that separate source. This right is conditional upon the
following:
(i) Separate Licenses must be acquired from the separate source for each Product that
is re-imaged.
(ii) The Product, language, version, and components of the copies made must be
identical to the Product, language, version, and all components of the copies they
replace and the number of copies or instances of the re-imaged Product permitted
remains the same.
(iii) Except for copies of an operating system and copies of Products licensed under
another Microsoft program, the Product type (e.g., Upgrade or full License) re-imaged
must be identical to the Product type licensed from the separate source.
(iv) Enrolled Affiliate must adhere to any Product-specific processes or requirements for
re-imaging identified in the Product Terms.
Re-imaged Products remain subject to the terms and use rights of the License acquired
from the separate source. This subsection does not create or extend any Microsoft warranty
or support obligation.
4. Transferring and assigning Licenses.
a. License transfers. License transfers are not permitted, except that Customer or an
Enrolled Affiliate may transfer only fully-paid perpetual Licenses to:
(i) an Affiliate, or
(ii) a third party solely in connection with the transfer of hardware or employees to whom
the Licenses have been assigned as part of (1) a divestiture of an Affiliate or a division
of an Affiliate or (2) a merger involving Customer or an Affiliate.
Upon such transfer, Customer or Enrolled Affiliate must uninstall and discontinue using the
licensed Product and render any copies unusable.
b. Notification of License transfer. Customer or Enrolled Affiliate must notify Microsoft of a
License transfer by completing a License transfer form, which can be obtained from
http://www.microsoft.com/licensing/contracts, and sending the completed form to Microsoft
before the License transfer. No License transfer will be valid unless Customer or Enrolled
Affiliate provides to the transferee, and the transferee accepts in writing, documents
sufficient to enable the transferee to ascertain the scope, purpose and limitations of the
Item 5c
rights granted by Microsoft under the Licenses being transferred (including, without
limitation, the applicable Use Rights, use and transfer restrictions, warranties and
limitations of liability). Any License transfer not made in compliance with this section will
be void.
c. Internal assignment of Licenses and Software Assurance. Licenses and Software
Assurance must be assigned to a single user or device within the Enterprise. Licenses and
Software Assurance may be reassigned within the Enterprise as described in the Use
Rights.
5. Term and termination.
a. Term. This agreement will remain in effect unless terminated by either party as described
below. Each Enrollment will have the term provided in that Enrollment.
b. Termination without cause. Either party may terminate this agreement, without cause,
upon 60 days’ written notice. In the event of termination, new Enrollments will not be
accepted, but any existing Enrollment will continue for the term of such Enrollment and will
continue to be governed by this agreement.
c. Termination for cause. Without limiting any other remedies it may have, either party may
terminate an Enrollment if the other party materially breaches its obligations under this
agreement, including any obligation to submit orders or pay invoices. Except where the
breach is by its nature not curable within 30 days, the terminating party must give the other
party 30 days’ notice of its intent to terminate and an opportunity to cure the breach. If
Microsoft gives such notice to an Enrolled Affiliate, Microsoft also will give Customer a copy
of the notice, and Customer agrees to help resolve the breach. If the breach affects other
Enrollments and cannot be resolved between Microsoft and Customer within a reasonable
period of time, Microsoft may terminate this agreement and all Enrollments under it. If an
Enrolled Affiliate ceases to be Customer’s Affiliate, Customer must promptly notify
Microsoft, and Microsoft may terminate the former Affiliate’s Enrollment. If an Enrolled
Affiliate terminates its Enrollment as a result of a breach by Microsoft, or if Microsoft
terminates an Enrollment because Enrolled Affiliate ceases to be Customer’s Affiliate, then
Enrolled Affiliate will have the early termination rights described in the Enrollment.
d. Modification or termination of an Online Service for regulatory reasons. Microsoft
may modify or terminate an Online Service in any country or jurisdiction where there is any
current or future government requirement or obligation that (1) subjects Microsoft to any
regulation or requirement not generally applicable to businesses operating there, (2)
presents a hardship for Microsoft to continue operating the Online Service without
modification, and/or (3) causes Microsoft to believe these terms or the Online Service may
conflict with any such requirement or obligation.
e. Program updates. Microsoft may make changes to this program that will make it
necessary for Customer and its Enrolled Affiliates to enter into new agreements and
Enrollments at the time of an Enrollment renewal.
6. Miscellaneous.
a. Notices. Notices, authorizations, and requests in connection with this agreement must be
sent by regular or overnight mail or express courier to the addresses and numbers listed
on the signature form and in this agreement. Notices will be treated as delivered on the
date shown on the return receipt or on the courier confirmation of delivery.
Item 5c
Copies should be sent to:
Microsoft Corporation
Legal and Corporate Affairs
Volume Licensing Group
One Microsoft Way
Redmond, WA 98052
USA
Microsoft may provide information about Enrollment deadlines and Online Services by
email to contacts provided by Enrolled Affiliate under an Enrollment or through a web site
Microsoft identifies. Notice by email is given as of the transmission date.
b. Management and reporting. Enrolled Affiliate must provide and manage account details
(e.g., contacts, orders, Licenses, software downloads) on Microsoft’s Volume Licensing
Service Center web site (or successor site) at
https://www.microsoft.com/licensing/servicecenter. On the effective date of this agreement
and any Enrollments, the contact(s) Enrolled Affiliate has identified for this purpose will be
provided access to this site and may authorize additional users and contacts.
c. Order of precedence. In the case of a conflict between any documents in this agreement
that is not expressly resolved in those documents, their terms will control in the following
order, from highest to lowest priority: (1) the Master Agreement, (2) this Enterprise
Agreement, (3) any Enrollment, (4) the Product Terms, (5) the Online Services Terms, (6)
orders submitted under this agreement, and (7) any other documents in this agreement.
Terms in an amendment control over the amended document and any prior amendments
concerning the same subject matter.
d. Applicable currency. Any payments made to Microsoft must be in the Microsoft approved
currency for the respective locale.
e. Taxes. If any amounts are to be paid to Microsoft, the amounts owed are exclusive of any
taxes unless specified on the invoice as tax inclusive. Customer shall pay any applicable
value added, goods and services, sales, gross receipts, or other transaction taxes, fees,
charges or surcharges, or any regulatory cost recovery surcharges or similar amounts that
are owed under this agreement and which Microsoft is permitted to collect from Customer.
Customer shall also be responsible for any applicable stamp taxes and for all other taxes
that it is legally obligated to pay, including any taxes that arise on the distribution or
provision of Products or Professional Services by Customer to its Affiliates. Microsoft shall
be responsible for payment of all taxes based on its net income, gross receipts taxes
imposed in lieu of taxes on income or profits, or taxes on property ownership.
If any taxes are required to be withheld on payments made to Microsoft, Customer may
deduct such taxes from the amount owed and pay them to the appropriate taxing authority;
provided, however, that Customer shall promptly secure and deliver an official receipt for
those withholdings and other documents reasonably requested by Microsoft to claim a
foreign tax credit or refund. Customer will ensure that any taxes withheld are minimized to
the extent possible under applicable law.
Item 5c
Select Plus licensing is a perpetual license model requiring a fresh purchase every product release cycle (typically every three years)
and additional licenses must be purchased anytime additions to staff or equipment occur
Year 1 Select Plus Year 2 Select Plus Year 3 Select Plus
Product Cost Product Cost Product Cost
Windows $39,600.00 Windows $6,000.00 Windows $6,000.00
Office $59,400.00 Office $9,000.00 Office $9,000.00
Server $16,800.00 Server $0.00 Server $0.00
Exchange $500.00 Exchange $0.00 Exchange $0.00
CALs $36,000.00 CALs $2,650.00 CALs $2,650.00
SQL $1,000.00 SQL $0.00 SQL $0.00
3 Year Total
Total $153,300.00 Total $17,650.00 Total $17,650.00 $188,600.00
The Microsoft Enterprise Agreement licensing model is effectively a subscription model, but the license count is only tallied annually
Year 1 MSEA (on-prem)Year 2 MSEA (on-prem)Year 3 MSEA (on-prem)
Product Cost Product Cost Product Cost
Windows $9,900.00 Windows $11,400.00 Windows $12,900.00
Office $31,350.00 Office $36,100.00 Office $40,850.00
Server $9,246.72 Server $9,246.72 Server $9,246.72
Exchange $265.00 Exchange $265.00 Exchange $265.00
CALs $25,800.00 CALs $27,835.00 CALs $29,870.00
SQL $370.00 SQL $370.00 SQL $370.00
3 Year Total
Total $76,931.72 Total $85,216.72 Total $93,501.72 $255,650.16
The Microsoft Enterprise Agreement licensing model is effectively a subscription model, but the license count is only tallied annually
Year 1 MSEA (365)Year 2 MSEA (365)Year 3 MSEA (365)
Product Cost Product Cost Product Cost
Windows $3,000.00 Windows $3,600.00 Windows $4,200.00
Office $9,500.00 Office $3,600.00 Office $4,200.00
Server $9,246.72 Server $9,246.72 Server $9,246.72
Exchange $0.00 Exchange $0.00 Exchange $0.00
CALs $8,550.00 CALs $9,460.00 CALs $10,370.00
SQL $370.00 SQL $370.00 SQL $370.00
365 E3 $32,040.00 365 E3 $35,640.00 365 E3 $39,240.00
365 F1 $20,819.00 365 F1 $22,454.00 365 F1 $24,089.00
3 Year Total
Total $83,525.72 Total $84,370.72 Total $91,715.72 $259,612.16
MSEA Software Cost Analysis (3 Year)
Item 5c
Page 1 of 2
To: Mayor and Town Council
From: Kelly Neal, CGFO, CPM, Finance Director
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 25, 2019
Agenda Item:
Consider and act upon a resolution authorizing the placement of orders for the purchase of
replacement vehicles in FY 2019-2020 to realize current incentives related to said purchase with
payment to be made from the Town’s Vehicle Equipment and Replacement Fund (VERF) in FY
2019-2020.
Description of Agenda Item:
The Town entered into a Master Equity Lease Agreement with Enterprise FM Trust on September
25, 2018, to implement a full spectrum fleet management program. Enterprise Fleet program is
a turn-key, fully designed program for municipalities to finance and manage the replacement of
the Town’s fleet. This program provides the Town a fleet manager that makes recommendations
for acquisition of all general fleet vehicles that are vetted through the VERF Subcommittee based
on current market conditions, age and use of vehicles, along with maintenance expenses
associated with the fleet. This list of replacements was also presented and vetted through the
Finance Subcommittee earlier today. Enterprises’ fleet manager has presented recommendations
that allows the Town to capitalize on current incentives that will save the VERF Fund overall with
discounts on current models that are slated for replacement in FY 2019-2020. The Town is able
to purchase fleet truck vehicles $13,500 below MSRP through the state contract. Enterprise will
act on the Town’s behalf in placing order for these future replacements. Billing will take place
after the beginning of the new fiscal year of October 1, 2019, with delivery to occur after such
date. This resolution authorizes Enterprise to place such vehicle orders with the full understanding
that payment and delivery will occur after October 1, 2019, with payment to be funded from the
VERF. The vehicles schedule for replacement in FY 2019-2020 are listed in Exhibit A of the
proposed resolution
Budget Impact:
The approval of such vehicles will be budgeted in the VERF Fund in FY 2019-2020.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., prepared the attached resolution.
Attached Documents:
1. Resolution
Prosper is a place where everyone matters.
FINANCE
Item 5d
Page 2 of 2
Town Staff Recommendation:
Staff recommends adoption of a resolution authorizing the placement of orders for the purchase
of replacement vehicles in FY 2019-2020 to realize current incentives related to said purchase
with payment to be made from the Town’s Vehicle Equipment and Replacement Fund (VERF) in
FY 2019-2020.
Proposed Motion:
I move to adopt a resolution authorizing the placement of orders for the purchase of replacement
vehicles in FY 2019-2020 to realize current incentives related to said purchase with payment to
be made from the Town’s Vehicle Equipment and Replacement Fund (VERF) in FY 2019-2020.
Item 5d
TOWN OF PROSPER, TEXAS RESOLUTION NO. 19-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AUTHORIZING THE PLACEMENT OF ORDERS FOR THE PURCHASE
OF REPLACEMENT VEHICLES IN FY 2019-2020 TO REALIZE CURRENT
INCENTIVES RELATED TO SAID PURCHASE WITH PAYMENT TO BE MADE
FROM THE TOWN’S VEHICLE EQUIPMENT AND REPLACEMENT FUND
(VERF) IN FY 2019-2020; MAKING FINDINGS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Town previously has established a Vehicle Equipment and Replacement
Fund (VERF) to accumulate sufficient resources to replace existing vehicles and equipment
when such vehicles and equipment reached or exceeded their useful life; and
WHEREAS, the VERF was designed for departments to contribute annual payments to
the fund based on the number, type, average life expectancy and the projected replacement
cost of the vehicle/equipment; and
WHEREAS, on or about September 25, 2018, the Town Council authorized the Town
Manager to execute a Master Equity Lease Agreement with Enterprise FM Trust (“Enterprise”)
and related documentation to implement a full spectrum fleet management program; and
WHEREAS, Enterprise has notified the Town that it now may place orders on certain
vehicles to capitalize on current dealer or related incentives for vehicles that are scheduled for
replacement in Fiscal Year 2019-2020, with said vehicles more particularly described in Exhibit
A, attached hereto and incorporated by reference; and
WHEREAS, while Enterprise would expeditiously order the foregoing vehicles as an agent
for the Town, the Town would not be billed for such vehicles until after October 1, 2019, and
further, delivery also would occur after such date; and
WHEREAS, the Town wi shes to authorize Enterprise to place such vehicle orders with the
full understanding that payment and delivery will occur after October 1, 2019, with payment to
be made from the VERF.
NOW, THEREFORE, BE IT RESOLVED 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 Resolution as if fully set
forth herein.
SECTION 2
The Town Council hereby authorizes Enterprise to place orders for those vehicles
referenced in attached Exhibit A with the understanding that Enterprise will not bill or deliver said
vehicles until after October 1, 2019.
Item 5d
Resolution No. 19-__, Page 2
SECTION 3
Any and all resolutions, rules, regulations, policies, or provisions in conflict with the
provisions of this Resolution are hereby repealed and rescinded to the extent of any conflict
herewith.
SECTION 4
This Resolution shall be effective from and after its passage by the Town Council.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 25TH DAY OF JUNE, 2019.
___________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 5d
Exhibit ATOWN OF PROSPER: REPLACEMENT BUDGETNon‐Emergency ResponseDepartmentOld Vehicle #Current Vehicle InformationRequested Replacement CategoryEFM Quote #Recommended ReplacementTrailer Break Lights Tool Box Goose Nk Mirrors LinerCuston AMEVeh Price (incl AME) Mo Mgmt Fee Mo Maint Chg Annual SpendTown Of Prosper - Park Operations62072011 Ford F-150 Xl 4x2 Super Cab1/2 Ton Pickup Ext 4x2 42590842019 Chevrolet Silverado 1500 Double Cab WT LD 6.6 ft bedXXX$26,456.55$26.46$36.23$27,208.83Town Of Prosper - Park Operations62062011 Toyota Tundra 4x2 Double Cab3/4 Ton Pickup Quad 4x2 42541692019 Chevrolet Silverado 2500 4x2 Crew Cab 6.6 ft boxXXXXXAir Bag Rear Suspension$36,157.01$36.16$36.71$37,031.45Town Of Prosper - Park Operations62082012 Ford F-250 XL 4x2 Super Cab3/4 Ton Pickup Ext 4x2 42541952019 Chevrolet Silverado 2500 Double Cab 8ft boxXXXXX$31,728.15$32.73$36.71$32,561.43Town Of Prosper - Public Works Streets51012006 F-250 XL 4x2 SD Regular Cab3/4 Ton Pickup Reg 4x2 42543362019 Chevrolet Silverado 2500 WT Double Cab 8ft boxX$29,064.50$29.06$36.71$29,853.74Town Of Prosper - Public Works Streets5105 2012 Chevrolet Silverado 2500HD LTZ 4x4 Ext Cab3/4 Ton Pickup Ext 4x2 42543362019 Chevrolet Silverado 2500 WT Double Cab 8ft boxX$29,064.50$29.06$36.71$29,853.74Town Of Prosper - Public Works Wastewater53072014 Ford F-250 XL 4x2 SD Super Cab 1/2 Ton Pickup Reg 4x2 42593042019 Chevrolet Silverado 1500 Double Cab WT LD 6.6 ft bedX$25,269.25$25.27$36.23$26,007.25Town Of Prosper - Public Works Water5209 2008 Chevrolet Silverado 2500HD LTZ 4x4 Ext Cab3/4 Ton Pickup Ext 4x4 42548882019 Chevrolet Silverado 2500 WT Double Cab 4x4X$31,196.30$31.56$38.23$32,033.78Town Of Prosper - Public Works Water52032012 Chevrolet Silverado 1500 WT 4x2 Reg Cab1/2 Ton Pickup Reg 4x2 42593042019 Chevrolet Silverado 1500 Double Cab WT LD 6.6 ft bedX$25,269.25$25.27$36.23$26,007.25Town Of Prosper - Public Works Water5202 2012 Chevrolet Silverado 2500HD LTZ 4x4 Ext Cab3/4 Ton Pickup Ext 4x4 42548882019 Chevrolet Silverado 2500 WT Double Cab 4x4X$31,196.30$31.56$38.23$32,033.78Town Of Prosper - Public Works Water52062014 Ford F-250 XL 4x4 Crew Cab3/4 Ton Pickup Quad 4x4 42549132019 Chevrolet Silverado 2500 WT Crew Cab 4x4X$34,456.17$34.46$38.23$35,328.452020 REPLACEMENT BUDGET TOTALS$299,857.98 $3,619.08 $4,442.64 $307,919.70Emergency ResponseDepartmentOld Vehicle #Current Vehicle InformationRequested Replacement CategoryEFM Quote #Recommended ReplacementTrailer Break Lights Tool Box Goose Nk Mirrors LinerCuston AMEVeh Price (incl AME) Mo Mgmt Fee Mo Maint Chg Annual SpendTown Of Prosper - Police Department21152016 Chevrolet Tahoe Police 4x2Full Size SUV 4x242046472019 Chevrolet Tahoe Police Vehicle 4x2Defender Partial Patrol Upfit ‐ 24653$45,466.00$45.48$0.00$46,011.76Town Of Prosper - Police Department21132016 Chevrolet Tahoe Police 4x2Full Size SUV 4x242046472019 Chevrolet Tahoe Police Vehicle 4x2Defender Partial Patrol Upfit ‐ 24653$45,466.00$45.48$0.00$46,011.76Town Of Prosper - Fire Department 3108 2012 Chevrolet Tahoe SSV 4x4Full Size SUV 4x442893752020 Chevrolet Tahoe SSV 4x4Defender FD Upfit ‐ 25400$63,870.00$63.80$0.00$64,635.60Town Of Prosper - Fire Department35012012 Ford F-150 XL Super Crew 4x21/2 Ton Pickup Quad 4x2 4261092019 Ford F‐150 XLT 4x2 SuperCrew 5.5 ft BoxCustom Defender Fire Marshall Upfit$40,823.00$40.82$0.00$41,312.842020 REPLACEMENT BUDGET TOTALS$195,625.00 $2,346.96$197,971.96
Exhibit AMarket Value EstimatesNon‐Emergency ResponseVehicle #DepartmentYear MakeModelSeriesEst. Months in Service Miles Per Year Current Odometer Current Market Value6207 Town Of Prosper - Park Operations2011 Ford F‐150XL 4x2 Super Cab Styleside 6.5 ft. box 145 in. WB90 9,199 68,992 $6,000.006206 Town Of Prosper - Park Operations2011 Toyota TundraGrade 5.7L V8 4x2 Double Cab 6.6 ft. box 145.7 in. WB90 6,931 51,979 $11,000.006208 Town Of Prosper - Park Operations2012 Ford F‐250XL 4x2 SD Super Cab 6.75 ft. box 142 in. WB SRW78 7,906 51,390 $8,500.005101 Town Of Prosper - Public Works Streets2006 Ford F‐250XL 4x2 SD Regular Cab 137 in. WB SRW150 6,218 77,725 $2,000.005105 Town Of Prosper - Public Works Streets2012 Chevrolet Silverado 2500HDLTZ 4x4 Extended Cab 6.6 ft. box 144.2 in. WB78 7,826 50,871 $12,500.005307 Town Of Prosper - Public Works Wastewater2014 Ford F‐250XL 4x2 SD Super Cab 6.75 ft. box 142 in. WB SRW54 9,652 43,435 $11,500.005209 Town Of Prosper - Public Works Water2008 Chevrolet Silverado 2500HDLT1 4x4 Crew Cab 6.6 ft. box 153 in. WB126 11,898 124,924 $4,500.005203 Town Of Prosper - Public Works Water2012 Chevrolet Silverado 1500Work Truck 4x2 Regular Cab 6.6 ft. box 119 in. WB78 20,878 135,707 $4,800.005202 Town Of Prosper - Public Works Water2012 Chevrolet Silverado 2500HDLTZ 4x4 Extended Cab 6.6 ft. box 144.2 in. WB78 15,385 100,001 $9,500.005206 Town Of Prosper - Public Works Water2014 Ford F‐250XL 4x4 SD Crew Cab 6.75 ft. box 156 in. WB SRW54 4,897 22,036 $15,800.00Total$86,100.00Emergency ResponseVehicle #DepartmentYear MakeModelSeriesEst. Months in Service Miles Per Year Current Odometer Current Market Value2115 Town Of Prosper - Police Department2016 Chevrolet TahoePolice Vehicle 4x230 20,809 62,428 $15,000.002113 Town Of Prosper - Police Department2016 Chevrolet TahoePolice Vehicle 4x230 58,333 175,000 $6,000.003108 Town Of Prosper - Fire Department2012 Chevrolet TahoeSpecial Service Vehicle 4x478 10,087 70,610 $6,000.003501 Town Of Prosper - Fire Department2012 Ford F‐150XL 4x2 SuperCrew Cab78 5,565 38,953 $11,500.00Total$38,500.00
Exhibit A2020 VERF BUDGET BY DEPARTMENTBuilding InspectionTotal Vehicle Needs0Vehicle Acquisition Cost*$0.00Annual Maintenance Charges$0.00Annual Enterprise Management Fee$0.00Anticipated Gains from Sales$0.00Net Cashflow$0.00Park OperationsPolice DepartmentTotal Vehicle Needs3Total Vehicle Needs2Vehicle Acquisition Cost*$94,341.71Vehicle Acquisition Cost*$90,932.00Annual Maintenance Charges$1,315.80Annual Maintenance ChargesN/AAnnual Enterprise Management Fee $1,144.20Annual Enterprise Management Fee $1,091.52Anticipated Gains from Sales$25,500.00Anticipated Gains from Sales$21,000.00Net Cashflow$71,301.71Net Cashflow$71,023.52Public Works StreetsFire DepartmentTotal Vehicle Needs2Total Vehicle Needs2Vehicle Acquisition Cost*$58,129.00Vehicle Acquisition Cost*$104,693.00Annual Maintenance Charges$881.04Annual Maintenance ChargesN/AAnnual Enterprise Management Fee$697.44Annual Enterprise Management Fee $1,255.44Anticipated Gains from Sales$14,500.00Anticipated Gains from Sales$17,500.00Net Cashflow$45,207.48Net Cashflow$88,448.44Public Works Wastewater2020 VERF BUDGETTotal Vehicle Needs1Total Vehicle Needs14Vehicle Acquisition Cost*$25,269.25Vehicle Acquisition Cost*$495,482.98Annual Maintenance Charges$434.76Annual Maintenance Charges$4,442.64Annual Enterprise Management Fee$303.24Annual Enterprise Management Fee $5,966.04Anticipated Gains from Sales$11,500.00Anticipated Gains from Sales$124,600.00Net Cashflow$14,507.25Net Cashflow$381,291.66Public Works WaterTotal Vehicle Needs4Vehicle Acquisition Cost*$122,118.02Annual Maintenance Charges$1,811.04Annual Enterprise Management Fee $1,474.20Anticipated Gains from Sales$34,600.00Net Cashflow$90,803.26StormwaterTotal Vehicle Needs0Vehicle Acquisition Cost*$0.00Annual Maintenance Charges$0.00Annual Enterprise Management Fee$0.00Anticipated Gains from Sales$0.00Net Cashflow$0.00
Page 1 of 2
To: Mayor and Town Council
From: Todd White, CBO, Building Official
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 25, 2019
Agenda Item:
Consider and act upon an ordinance amending Section I, “Construction Permits and Fees,” of
Appendix A, “Fee Schedule,” of the Town’s Code of Ordinances regarding certain residential
permit fees.
Background/Description:
On May 21, 2019, HB 852 became effective, which prohibits municipalities from considering the
value of dwellings or cost of construction to determine residential permit fees. The law also
prohibits requiring disclosure of valuations as a condition of obtaining a building permit. Prosper’s
current residential permit fee structure is value-based and must be changed to comply with state
law. Approximately 85% of the jurisdictions in Texas have been using this type of valuation
schedule, including the surrounding cities of Frisco, Allen, Celina, and McKinney.
The bill impacts our current fee schedule for 1) new residential building permits, 2) residential
alterations and remodels, 3) roof repair, and 4) foundations. The new residential building permit
fee schedule will be based on the square footage of the home. The other fees are based on the
past, average amounts collected.
The attachment depicts the 1) current and proposed residential permit fee schedules, 2) a
comparison of the fees collected based on various sizes of the new homes, and 3) the current
and proposed schedules for the other fees. As noted in the table, the proposed residential building
permit fee amount is within one dollar ($1.00) of the current fee amount.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the ordinance as to form and
legality.
Attached Documents:
1.Comparison of Current and Proposed Fees
2. Ordinance
Prosper is a place where everyone matters.
BUILDING INSPECTIONS
Item 5e
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council approve an ordinance amending Section I,
“Construction Permits and Fees,” of Appendix A, “Fee Schedule,” of the Town’s Code of
Ordinances regarding certain residential permit fees.
Proposed Motion:
I move to approve an ordinance amending Section I, “Construction Permits and Fees,” of
Appendix A, “Fee Schedule,” of the Town’s Code of Ordinances regarding certain residential
permit fees.
Item 5e
TOWN OF PROSPER
CURRENT AND PROPOSED RESIDENTIAL PERMIT FEES
JUNE 25, 2019
Current Residential Building Permit Fee Schedule
Total valuation Fee
$1.00 to $500.00 $24.00
$501.00 to $2,000.00 $24.00 for the first $500.00; plus $3.00 for each additional $100.00 or
fraction thereof, to and including $2,000.00
$2,001.00 to $40,000.00 $69.00 for the first $2,000.00; plus $11.00 for each additional $1,000.00
or fraction thereof, to and including $40,000.00
$40,001.00 to $100,000.00 $487.00 for the first $40,000.00; plus $9.00 for each additional
$1,000.00 or fraction thereof, to and including $100,000.00
$100,001.00 to $500,000.00 $1,027.00 for the first $100,000.00; plus $7.00 for each additional
$1,000.00 or fraction thereof, to and including $500,000.00
$500,001.00 to $1,000,000.00 $3,827.00 for the first $500,000.00; plus $5.00 for each additional
$1,000.00 or fraction thereof, to and including $1,000,000.00
$1,000,001.00 to $5,000,000.00 $6,327.00 for the first $1,000,000.00; plus $3.00 for each additional
$1,000.00 or fraction thereof, to and including $5,000,000.00
$5,000,001.00 and over $18,327.00 for the first $5,000,000.00; plus $1.00 for each additional
$1,000.00 or fraction thereof
Proposed Residential Building Permit Fee Schedule
Gross Square Feet Fee
999 sq. ft. and less $1.00 per sq. ft. up to and including 999 sq. ft.
1,000 sq. ft. to 4,900 sq. ft.
$1,040.30 for the first 1,000 sq. ft. plus $0.713 for each additional one
(1) sq. ft., up to and including 4,900 sq. ft.
4,901 sq. ft. to 7,999 sq. ft.
$3,824.11 for the first 4,901 sq. ft. plus $0.509 for each additional one
(1) sq. ft., up to and including 7,999 sq. ft.
8,000 sq. ft. and greater
$5,403.00 for the first 8,000 sq. ft. plus $0.30 for each additional one (1)
sq. ft.
Item 5e
Other Fees – Recommended Fees Based on Average Collected Fee Amounts
Residential Alteration/Addition Permit Fee
Current Proposed
Alteration: $5.00 per $1,000.00 of value + required
inspections at $30.00 each + plan review fee of $45.00
for plan review if value is $20,000.00 or greater.
Alteration or Addition: $.10 per sq. ft. plus required
inspections at $30.00 each.
[Proposing to combine the Alteration and Additions
into one (1) fee]
Addition: $0.10 per sq. ft. + required inspections at
$30.00 each
Roof Repair
Current Proposed
$5.00 per $1,000.00 valuation of project, with a
minimum fee of $20.00.
$100.00
Foundation/Foundation Repair
Current Proposed
$5.00 per $1,000.00 value, with a minimum fee of
$20.00.
$50.00
Residential Building Permit Fee Comparison
Gross Sq. Ft. of New Home
Current Residential
Building Permit Fee
Proposed Residential
Building Permit Fee
1,750 $1,575.28 $1,575.05
2,000 $1,753.60 $1,753.30
2,250 $1,931.93 $1,931.55
2,500 $2,110.50 $2,109.80
2,750 $2,288.58 $2,288.05
3,000 $2,466.90 $2,466.30
3,250 $2,645.23 $2,644.55
3,500 $2,823.55 $2,822.80
3,750 $3,001.88 $3,001.05
4,000 $3,180.20 $3,179.30
4,250 $3,358.53 $3,357.55
4,500 $3,536.85 $3,535.80
4,750 $3,715.18 $3,714.05
5,000 $3,874.50 $3,874.50
5,250 $4,001.88 $4,001.75
5,500 $4,129.25 $4,129.00
Item 5e
TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING VARIOUS TOWN FEES CONTAINED IN APPENDIX A,
“FEE SCHEDULE,” OF THE TOWN’S CODE OF ORDINANCES BY
REPEALING EXISTING SECTION I, “CONSTRUCTION PERMITS AND FEES,”
OF APPENDIX A, “FEE SCHEDULE,” OF THE TOWN’S CODE OF
ORDINANCES AND REPLACING IT WITH A NEW SECTION I,
“CONSTRUCTION PERMITS AND FEES,” OF APPENDIX A, “FEE
SCHEDULE,” TO THE TOWN’S CODE OF ORDINANCES; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, due to the recent adoption of HB 852 by the Texas Legislature, which
prohibits municipalities from basing residential permit fees on the value of the improvement, the
Town Council of the Town of Prosper, Texas (“Town Council”), has investigated and determined
that various residential permit fees imposed by the Town should be revised; and
WHEREAS, the Town Council has reviewed the proposed residential permit fees and
recommends the adoption of revised fees in Section I of Appendix A of the Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, Section I, “Construction Permits and
Fees,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances is hereby replaced with
a new Section I, “Construction Permits and Fees,” of Appendix A, “Fee Schedule,” to the Town’s
Code of Ordinances to read as follows:
“Sec. I Construction permits and fees
(a) Development inspection fee. A development inspection fee shall be charged for each
inspection in the amount of three percent (3%) of the town’s estimates of the costs of the public
works utilities and streets of new construction which are to be dedicated to the town. Such items
shall include, but not be limited to, street paving, storm drainage, water and sewer mains and
other items designated for conveyance to the town after completion of improvements through the
process of public dedication. These fees shall be paid prior to the start of construction.
(b) Building permits/inspection fees. The building permit and inspection fees as follow are
hereby adopted for various construction-type projects in conjunction with, among others,
residential, commercial and industrial structures prior to the start of construction. A determination
Item 5e
Ordinance No. 19-___ Page 2
of the valuation for any enclosed structure other than residential shall be determined at the
discretion of the town.
BUILDING PERMITS/INSPECTION FEES
(1) Minimum building permit fees: $20.00.
(2) Residential:
(A) Residential building plan review fee: A nonrefundable plan review of $300.00 or 10%
of the building permit, whichever is less, is due at the time of submittal.
(B) Residential building permit fee:
Gross Square Feet Fee
999 sq. ft. or less $1.00 per sq. ft. up to and including 999 sq. ft.
1,000 sq. ft. to 4,900 sq. ft.
$1,040.30 for the first 1,000 sq. ft.; plus $0.713 for
each additional one (1) sq. ft., up to and including
4,900 sq. ft.
4,901 sq. ft. to 7,999 sq. ft.
$3,824.11 for the first 4,901 sq. ft.; plus $0.509 for
each additional one (1) sq. ft., up to and including
7,999 sq. ft.
8,000 sq. ft. or greater
$5,403.00 for the first 8,000 sq. ft.; plus $0.30 for
each additional one (1) sq. ft.
(3) Accessory buildings and carports: $60.00 each.
(4) Residential alteration or addition: $0.10 per sq. ft. + required inspections at $30.00 each.
(5) Roof repair or replacement: $100.00.
(6) Swimming pools:
(A) In ground: $300.00 permit fee.
(B) Above ground: $100.00 permit fee.
(C) Spas: $100.00.
(7) Commercial:
(A) Commercial building plan review fee: A nonrefundable plan review of $300.00 or
10% of the building permit, whichever is less, is due at the time of submittal.
(B) Commercial building permit fee:
Item 5e
Ordinance No. 19-___ Page 3
Total Valuation Plan Review Fee Inspection Fee
$1.00 to
$10,000.00
$50.00 $76.92
$10,001.00 to
$25,000.00
$70.69 for the first
$10,000.00; plus $5.46 for
each additional $1,000.00
$108.75 for the first $10,000.00;
plus $8.40 for each additional
$1,000.00
$25,001.00 to
$50,000.00
$159.59 for the first
$25,000.00; plus $3.94 for
each additional $1,000.00
$234.75 for the first $25,000.00;
plus $6.06 for each additional
$1,000.00
$50,001.00 to
$100,000.00
$251.09 for the first
$50,000.00; plus $2.73 for
each additional $1,000.00
$386.25 for the first $50,000.00;
plus $4.20 for each additional
$1,000.00
$100,001.00 to
$500,000.00
$387.59 for the first
$100,000.00; plus $2.19 for
each additional $1,000.00
$596.25 for the first $100,000.00;
plus $3.36 for each additional
$1,000.00
$500,001.00 to
$1,000,000.00
$1,263.59 for the first
$500,000.00; plus $1.85 for
each additional $1,000.00
$1,940.25 for the first $500,000.00;
plus $2.85 for each additional
$1,000.00
$1,000,001.00 and
over
$2,188.59 for the first
$1,000,000.00; plus $1.23
for each additional
$1,000.00
$3,365.25 for the first
$1,000,000.00; plus $1.89 for each
additional $1,000.00
The valuation shall be based upon the square foot construction cost per the most current ICC
Building Valuation Data. The valuation is determined using the building gross area times the
square foot construction cost. For shell only buildings deduct 20 percent of construction cost.
(8) Certificate of occupancy: $50.00 each.
(9) Contractor registration: $100.00 each. All contractors are required to register with the town.
Annual $100.00 registration fee.
(10) After-hours inspections: $30.00 per inspection.
(11) Demolition: $20.00 permit fee.
(12) Document retrieval fee: $10.00.
(13) Dumpster enclosure: $20.00 permit fee/per enclosure.
(14) Fence: $30.00 per permit. No permit needed if replacing less than 2 panels of fence totaling
less than 16' in length.
(15) Foundations or foundation repair: $ 50.00.
Item 5e
Ordinance No. 19-___ Page 4
(16) Lawn irrigation systems: $30.00 permit fee. Inspection must be done by a certified backflow
tester and report must be given to building inspector.
(17) Miscellaneous inspections: Backflow prevention, electrical, mechanical, and plumbing:
$30.00 each.
(18) Multifamily: One application is required per building:
(A) $5.00 per $1,000.00 valuation of project + $0.02 per sq. ft. for fire plan review.
(i) 1–3,000 sq. ft.: $60.00.
(ii) 3,001–10,000 sq. ft.: $80.00.
(iii) 10,001–100,000 sq. ft.: $100.00.
(iv) Over 100,000 sq. ft.: $120.00.
(B) Fees are separate (i.e., $60.00 plumbing + $60.00 mechanical, etc.).
(19) Reinspection fee:
(A) $50.00 for the first reinspection.
(B) $75.00 for the second reinspection.
(C) $100.00 for the third reinspection.
(D) Fees will increase on a basis of $25.00 each thereafter.
(20) Reprint of permit: $10.00 each.
(21) Sidewalks/approaches: $20.00 per permit.
(22) Temporary outdoor seasonal sale or special event permit: $100.00 permit fee + $1,000.00
deposit.
(23) Construction trailer: $80.00.”
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting
ordinances shall remain in full force and effect.
Item 5e
Ordinance No. 19-___ Page 5
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 hereby declares that it
would have passed this Ordinance, and each section, subsection, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, and
phrases be declared unconstitutional.
SECTION 5
This Ordinance shall 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 25TH DAY OF JUNE 2019.
APPROVED:
________________________________
Ray Smith, Mayor
ATTEST:
___________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
__________________________________
Terrence S. Welch, Town Attorney
Item 5e
Page 1 of 2
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 25, 2019
Agenda Item:
Consider and act upon an ordinance abandoning a segment of Second Street right-of-way,
located between Main Street and Crockett Street.
Description of Agenda Item:
The purpose of this request is to abandon the segment of Second Street right-of-way, located
between Main Street and Crockett Street. The plat will incorporate the abandoned right-of-way
along with the Town Hall property to the north and the open space property to the south, into
one (1) lot, fronting on First Street. This will also allow Town Hall to have a First Street address.
Staff is currently reviewing the Amending Plat and the Planning & Zoning Commission approved
a Revised Site Plan at their June 18, 2019, meeting.
Prosper is a place where everyone matters.
PLANNING
Item 5f
Page 2 of 2
Legal Obligations and Review:
Notification is not required as the Town of Prosper is the adjacent property owner on the north
and south sides of this section of Second Street. Town Attorney, Terrence Welch of Brown &
Hofmeister, L.L.P., has approved the abandonment ordinance as to form and legality.
Attached Documents:
1. Aerial Map
2. Ordinance
3. Ordinance Exhibit
4. Site Plan and Amending Plat (for reference purposes only)
Staff Recommendation:
Staff recommends the Town Council approve an ordinance abandoning a segment of Second
Street right-of-way, located between Main Street and Crockett Street.
Proposed Motion:
I move to approve an ordinance abandoning a segment of Second Street right-of-way, located
between Main Street and Crockett Street.
Item 5f
FIRST ST
FIFTH ST
SECOND STMAIN STBROADWAY ST
COLEMAN STTHIRD STMCKINLEY STPECAN STCROCKETT ST±0 250 500125
Feet
Portion of Second Street To Be Abandoned
Item 5f
TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-___
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ABANDONING AND VACATING CERTAIN RIGHT-OF-WAY, AS
REFLECTED ON THE BRYANTS 1ST ADDITION PLAT; MAKING FINDINGS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas (“Town”), is a duly organized political subdivision
and home-rule municipality of the State of Texas; and
WHEREAS, the Town, by plat, obtained dedicated right-of-way along a street (depicted
as Second Street) located south of Block 5 and north of Block 7 of the Bryant 1st Addition plat
(“Plat”), west of S. Main Street and east of S. Crockett Street, a copy of which Plat is attached
hereto as Exhibit A and is incorporated by reference; and
WHEREAS, the Plat reflects an sixty-foot (60’) right-of-way (or street) as described above;
and
WHEREAS, since the right-of-way (or street) is no longer utilized as such, the Town has
determined that the 60’ right-of-way (or street) should be abandoned and vacated, and that any
and all rights that the Town may have in the right-of-way (or street) should be released to the
adjacent property owner, which abandonment and vacation the Town Council has determined is
in furtherance of the public health, safety and welfare of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
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
From and after the effective date of this Ordinance, the Town’s right-of-way (or street) and
any and all rights and interests that the Town have in such right-of-way (or street), as set forth in
the attached Exhibit A, are hereby abandoned and vacated by the Town, and the Town hereby
disclaims any interest in the right-of-way (or street).
SECTION 3
All ordinances, orders or resolutions heretofore passed and adopted by the Town Council
are hereby repealed to the extent that said ordinances, resolutions, or parts thereof, are in conflict
herewith.
Item 5f
Ordinance No. 19-____, Page 2
SECTION 4
If any section, subsection, clause, phrase or provision of this Ordinance, or the application
thereof to any person or circumstance, shall to any extent be held by a court of competent
jurisdiction to be invalid, void or unconstitutional, the remaining sections, subsections, clauses,
phrases and provisions of this Ordinance, or the application thereof to any person or
circumstance, shall remain in full force and effect and shall in no way be affected, impaired or
invalidated, and the Town Council hereby declares that it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 5
Effective Date. This Ordinance shall become effective from and after its adoption and
publication, as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 25TH DAY OF JUNE, 2019.
________________________________
Ray Smith, Mayor
ATTEST:
_____________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_____________________________
Terrence S. Welch, Town Attorney
Item 5f
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Item 5f
revisionno.datebyoftnp projectsheetPRO19218Town of Prosper, TexasImprovements forTOWN HALL/MULTI-PURPOSE FACILITY1teague nall and perkins, inc825 Watters Creek Blvd., Suite M300Allen, Texas 75013ph 214.461.9867www.tnpinc.comTBPE: F-230; TBPLS: 10011600, 10194381, 10011601when bar is1 inch long JUN 2019scalehorizvert1intended for construction, bidding or permitThis document is for interim review and is not , P.E. Date: Tx. Reg. # JUNE 201997267Justin N. WaltonREVISED SITE PLANSITE IMPROVEMENT REQUIREMENTS:LEGENDSITE PLAN GENERAL NOTES:” ” N/A1"=30'Item 5f
Item 5f
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 25, 2019
Agenda Item:
Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of
the Town Council to the Development Services Department, pursuant to Chapter 4, Section
1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning
& Zoning Commission on any Site Plan or Preliminary Site Plan.
Description of Agenda Item:
Attached are the Site Plans that were acted on by the Planning & Zoning Commission at their
June 18, 2019, meeting. Per the Zoning Ordinance, the Town Council has the ability to direct
staff to submit a written notice of appeal on behalf of the Town Council to the Development
Services Department for any Preliminary Site Plan or Site Plan acted on by the Planning &
Zoning Commission.
Attached Documents:
1.Site Plan for a Murphy Express
2.Site Plan for Town Hall
Attachment Summary:
Project
Name Type Location
Building
Size
Existing/
Proposed
Uses
Known
Tenant(s)
Murphy
Express
Site Plan North side of US
380, west of Coit
Road
2,824 sq. ft. Convenience
Store with
Gas Pumps
Murphy
Express
Town Hall Site Plan Northwest corner
of First Street and
Main Street
52,770 Government
Office
Town of
Prosper
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 5g
06/10/2019
Item 5g
revisionno.datebyoftnp projectsheetPRO19218Town of Prosper, TexasImprovements forTOWN HALL/MULTI-PURPOSE FACILITY1teague nall and perkins, inc825 Watters Creek Blvd., Suite M300Allen, Texas 75013ph 214.461.9867www.tnpinc.comTBPE: F-230; TBPLS: 10011600, 10194381, 10011601when bar is1 inch long JUN 2019scalehorizvert1intended for construction, bidding or permitThis document is for interim review and is not , P.E. Date: Tx. Reg. # JUNE 201997267Justin N. WaltonREVISED SITE PLANSITE IMPROVEMENT REQUIREMENTS:LEGENDSITE PLAN GENERAL NOTES:” ” N/A1"=30'Item 5g
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Planning & Zoning Commission Meeting – June 25, 2019
Agenda Item:
Conduct a Public Hearing, and consider and act upon an ordinance amending the Old Town Insert
Map of the Future Land Use Plan, from Old Town Single Family to Old Town Office, generally
located on the east side of Coleman Street, between Second Street and north of Third Street.
(CA19-0003). [Companion Case Z19-0009]
Description of Agenda Item:
Town staff has received a request to rezone 0.3± acres from Single Family-15 (SF-15) to
Downtown Office (DTO). The property is proposed to be redeveloped for office uses in the future,
and the applicant has indicated they intend to open a counseling office. Rezoning requests which
do not conform to the Future Land Use Plan shall be accompanied by a request to amend the
Future Land Use Plan.
The Comprehensive Plan anticipates the Town will encounter “development proposals that do not
directly reflect the purpose and intent of the land use pattern as shown on the Future Land Use
Plan map.” The Plan recommends that “it is important to recognize that proposals not directly
consistent with the Plan could reflect higher and better long-term uses than those originally
envisioned and shown on the Future Land Use Plan map for a particular area. This may be due
to changing markets, demographics and/or economic trends that occur at some point in the future
after the Plan is adopted. If such changes occur, and especially if there are demonstrated
significant social and/or economic benefits to the Town of Prosper, then these proposals should
be approved and the Future Land Use Plan map should be amended accordingly.”
The document recommends that “development proposals that are inconsistent with the Future
Land Use Plan map (or that do not meet its general intent)” should be reviewed based on the
following questions and should be reviewed on their own merit.
• Will the proposed change enhance the site and the surrounding area?
• Is the proposed change a better use than that originally envisioned and depicted on the Future
Land Use Plan map?
• Will the proposed use impact adjacent residential areas in a negative manner?
• Will the proposed use be compatible with and/or enhance adjacent residential uses?
• Are uses adjacent to the proposed use similar in nature in terms of appearance, hours of
operation, and other general aspects of compatibility?
Prosper is a place where everyone matters.
PLANNING
Item 7
• Does the proposed use present a significant benefit to the public health, safety, welfare and/or
social well-being of the community?
• Would it contribute to the Town’s long-term economic stability?
The Plan states, “it should be incumbent upon the applicant making such a proposal to provide
evidence that the proposal meets the aforementioned considerations, supports community goals
and objectives as set forth within this Plan, and represents long term economic and/or social
benefits for the community as a whole, not just a short-term financial gain for whoever is
developing the project.”
The applicant has provided the attached Request Letter and Exhibits indicating their rationale and
intent in requesting this Comprehensive Plan amendment. In summary, the applicant has
indicated that redevelopment of property will serve to provide a transitional buffer from Coleman
Street to the residences to the east; that many existing parcels in the surrounding area along
Coleman Street are currently non-residential in nature; that redevelopment will introduce
architecture improvement that is more fitting for the downtown; and the future business (e.g.
counseling office) will provide for a benefit to the community.
Existing Old Town Insert Map Proposed Old Town Insert Map
As shown above, the proposed amendment generally includes three (3) properties proposed to
be redesignated from Old Town Single Family to Old Town Office. The properties to the west are
designated as Main Street Retail and Office. The properties to the north and and south of the
proposed amendment area are designated as Old Town Office. The subject area has direct
frontage along Coleman Street, which is a hybrid Collector roadway with the ultimate configuration
being two (2) lanes of traffic, a raised median, and on-street parallel parking. Coleman Street
serves as a major north-south connection through the downtown and the level of traffic along
Coleman Street continues to increase as development continues to the north and south of
downtown. The increasing level of traffic and the location of the properties in relation to downtown
limit the continued viability of these properties as residential.
Staff believes redesignation of the subject area to Old Town Office is reasonable, as it will;
promote more appropriate land uses along Coleman Street; provide for residentially scaled office
buildings that will blend with the existing surrounding residences; and provide a transition and
buffer from increasing traffic and businesses along Coleman Street. Staff recommends approval
of the request.
Item 7
Legal Obligations and Review:
The Town Council is required to hold a Public Hearing prior to acting on an amendment to the
Future Land Use Plan. Staff has received one (1) Public Hearing Notice Reply Form in opposition
to the request. Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the
standard ordinance as to form and legality.
At tached Documents:
1. Aerial Map
2. Existing Old Town Insert (Future Land Use Plan)
3. Proposed Old Town Insert (Future Land Use Plan)
4. Request Letter and Exhibits
5. Notice Reply Form
6. Ordinance
Planning & Zoning Commission Recommendation:
At their June 4, 2019, meeting, the Planning & Zoning Commission recommended the Town
Council approve the request, by a vote of 4-0.
Staff Recommendation:
Staff recommends the Town Council approve an ordinance amending the Future Land Use Plan
Old Town Insert Map from Old Town Single Family to Old Town Office, generally located on the
east side of Coleman Street, between Second Street and north of Third Street.
Proposed Motion:
I move to approve an ordinance amending the Future Land Use Plan Old Town Insert Map from
Old Town Single Family to Old Town Office, generally located on the east side of Coleman Street,
between Second Street and north of Third Street.
Item 7
CA19-0003
FIRST ST
SECOND STMAIN STTHIRD STCOLEMAN STCROCKETT ST±0 100 20050
Feet
Item 7
Old Town Transportation Plan
Section A: Four lane divided roadway with a landscaped median
and a landscaped parkway separating pedestrians from traffic.
This section serves as a major entrance into Old Town from the
east. No on-street parking.
Section B: Two lane divided boulevard with a large center median
containing landscaping. Wide travel lanes allow for bicycle
accommodation and a landscaped parkway separates pedestrians
from traffic. No on-street parking.
Section C: Two lane divided boulevard with a large center median
containing landscaping. On-street parallel parking is permitted and
a landscaped parkway separates pedestrians from traffic.
Section D: Two lane undivided urban roadway. Wide 20’ sidewalks
accommodate patio seating, pedestrian traffic and street trees.
On-street angled parking is permitted and bulb-outs are located at
intersections to enhance pedestrian visibility at crosswalks.
Section E: Two lane undivided roadway with on-street parallel
parking and an immediately adjacent 8’ sidewalk. A large private
setback of 25’ is included.
Section F: Two lane undivided roadway with on-street parallel
parking and a 15’ sidewalk. 10’ of the sidewalk will be located
within the right-of-way and the additional 5 feet will be a 5’
setback to building face.
Section G: Two lane divided roadway with a center median
containing landscaping. On-street parallel parking and a 10’
sidewalk are included.
Land Use
The predominant land use within Old Town will be single-family
residential. All infill development within such areas should conform to the
architectural guidelines established for the Old Town district. Such
guidelines are created to protect the continuity of look and feel within Old
Town.
Along Broadway and First Street, single-family uses will gradually
transition to boutique, cottage-style office and/or specialty retail uses.
Broadway west of Coleman, will be the retail core of the downtown.
Shops, restaurants, and small office uses may be located within the main
street retail area. This area is intended to be the heart and main activity
center of the Old Town Area. As redevelopment occurs, building
frontages should be brought to the property line to be consistent with
ultimate streetscape improvements.
Adjacent to the retail core, a mixed-use district incorporating mixed use
lofts/apartments will serve as a buffer between the Business Park and the
core of Old Town. This area will also provide rooftops that service
adjacent retail establishments.
The Green space area will serve as a community park and its location
adjacent to the retail core of Old Town and the mixed-use district will
make it an opportunistic and useable open space area.
Niche retail is recommended along Preston Road and at the northern end
of Coleman. Retail development within these areas should fit within the
architectural framework of the Old Town area. Setbacks should be
reduced, when possible, along Coleman and Broadway to frame the
roadways.
MSR
O
Item 7
Old Town Transportation Plan
Section A: Four lane divided roadway with a landscaped median
and a landscaped parkway separating pedestrians from traffic.
This section serves as a major entrance into Old Town from the
east. No on-street parking.
Section B: Two lane divided boulevard with a large center median
containing landscaping. Wide travel lanes allow for bicycle
accommodation and a landscaped parkway separates pedestrians
from traffic. No on-street parking.
Section C: Two lane divided boulevard with a large center median
containing landscaping. On-street parallel parking is permitted and
a landscaped parkway separates pedestrians from traffic.
Section D: Two lane undivided urban roadway. Wide 20’ sidewalks
accommodate patio seating, pedestrian traffic and street trees.
On-street angled parking is permitted and bulb-outs are located at
intersections to enhance pedestrian visibility at crosswalks.
Section E: Two lane undivided roadway with on-street parallel
parking and an immediately adjacent 8’ sidewalk. A large private
setback of 25’ is included.
Section F: Two lane undivided roadway with on-street parallel
parking and a 15’ sidewalk. 10’ of the sidewalk will be located
within the right-of-way and the additional 5 feet will be a 5’
setback to building face.
Section G: Two lane divided roadway with a center median
containing landscaping. On-street parallel parking and a 10’
sidewalk are included.
Land Use
The predominant land use within Old Town will be single-family
residential. All infill development within such areas should conform to the
architectural guidelines established for the Old Town district. Such
guidelines are created to protect the continuity of look and feel within Old
Town.
Along Broadway and First Street, single-family uses will gradually
transition to boutique, cottage-style office and/or specialty retail uses.
Broadway west of Coleman, will be the retail core of the downtown.
Shops, restaurants, and small office uses may be located within the main
street retail area. This area is intended to be the heart and main activity
center of the Old Town Area. As redevelopment occurs, building
frontages should be brought to the property line to be consistent with
ultimate streetscape improvements.
Adjacent to the retail core, a mixed-use district incorporating mixed use
lofts/apartments will serve as a buffer between the Business Park and the
core of Old Town. This area will also provide rooftops that service
adjacent retail establishments.
The Green space area will serve as a community park and its location
adjacent to the retail core of Old Town and the mixed-use district will
make it an opportunistic and useable open space area.
Niche retail is recommended along Preston Road and at the northern end
of Coleman. Retail development within these areas should fit within the
architectural framework of the Old Town area. Setbacks should be
reduced, when possible, along Coleman and Broadway to frame the
roadways.
MSR
Item 7
Item 7
Item 7
Item 7
Item 7
TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE FUTURE LAND USE PLAN OLD TOWN INSERT
MAP OF THE TOWN OF PROSPER’S COMPREHENSIVE PLAN, ORDINANCE
NO. 12-21; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY
CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has
investigated and determined that the Future Land Use Plan Old Town Insert Map of the Town of
Prosper (“Prosper”) Comprehensive Plan, adopted by Ordinance No. 12-21, as amended,
should be amended; and
WHEREAS, Prosper has received a request to amend the Future Land Use Plan Old
Town Insert Map from Old Town-Single Family to Old Town-Office, generally located on the
east side of Coleman Street, between Second Street and north of Third Street; and
WHEREAS, Prosper has complied with all notices and public hearings as required by
law; and
WHEREAS, the Town Council finds that it will be advantageous, beneficial, and in the
best interests of the citizens of Prosper to amend a portion of the Comprehensive Plan as set
forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendment to Prosper’s Comprehensive Plan, Ordinance No. 12-21. The Future Land
Use Plan Old Town Insert Map of the Town of Prosper's Comprehensive Plan, adopted by
Ordinance No. 12-21, as amended, is hereby amended to reflect Old Town-Office on the east
side of Coleman Street, between Second Street and north of Third Street, as depicted in Exhibit
A, attached hereto and incorporated by reference.
SECTION 3
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.
Item 7
SECTION 4
Savings/Repealing Clause. Prosper’s Comprehensive Plan, adopted by Ordinance 12-
21, 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 5
Effective Date. This Ordinance shall become effective from and after its adoption.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 25TH DAY OF JUNE, 2019.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 7
Old Town Transportation Plan
Section A: Four lane divided roadway with a landscaped median
and a landscaped parkway separating pedestrians from traffic.
This section serves as a major entrance into Old Town from the
east. No on-street parking.
Section B: Two lane divided boulevard with a large center median
containing landscaping. Wide travel lanes allow for bicycle
accommodation and a landscaped parkway separates pedestrians
from traffic. No on-street parking.
Section C: Two lane divided boulevard with a large center median
containing landscaping. On-street parallel parking is permitted and
a landscaped parkway separates pedestrians from traffic.
Section D: Two lane undivided urban roadway. Wide 20’ sidewalks
accommodate patio seating, pedestrian traffic and street trees.
On-street angled parking is permitted and bulb-outs are located at
intersections to enhance pedestrian visibility at crosswalks.
Section E: Two lane undivided roadway with on-street parallel
parking and an immediately adjacent 8’ sidewalk. A large private
setback of 25’ is included.
Section F: Two lane undivided roadway with on-street parallel
parking and a 15’ sidewalk. 10’ of the sidewalk will be located
within the right-of-way and the additional 5 feet will be a 5’
setback to building face.
Section G: Two lane divided roadway with a center median
containing landscaping. On-street parallel parking and a 10’
sidewalk are included.
Land Use
The predominant land use within Old Town will be single-family
residential. All infill development within such areas should conform to the
architectural guidelines established for the Old Town district. Such
guidelines are created to protect the continuity of look and feel within Old
Town.
Along Broadway and First Street, single-family uses will gradually
transition to boutique, cottage-style office and/or specialty retail uses.
Broadway west of Coleman, will be the retail core of the downtown.
Shops, restaurants, and small office uses may be located within the main
street retail area. This area is intended to be the heart and main activity
center of the Old Town Area. As redevelopment occurs, building
frontages should be brought to the property line to be consistent with
ultimate streetscape improvements.
Adjacent to the retail core, a mixed-use district incorporating mixed use
lofts/apartments will serve as a buffer between the Business Park and the
core of Old Town. This area will also provide rooftops that service
adjacent retail establishments.
The Green space area will serve as a community park and its location
adjacent to the retail core of Old Town and the mixed-use district will
make it an opportunistic and useable open space area.
Niche retail is recommended along Preston Road and at the northern end
of Coleman. Retail development within these areas should fit within the
architectural framework of the Old Town area. Setbacks should be
reduced, when possible, along Coleman and Broadway to frame the
roadways.
MSR
Item 7
Page 1 of 3
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 25, 2019
Agenda Item:
Conduct a Public Hearing, and consider and act upon an ordinance rezoning 0.3± acres from
Single Family-15 (SF-15) to Downtown Office (DTO), located on the southeast corner of Third
Street and Coleman Street. (Z19-0009). [Companion Case CA19-0003]
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 Single Family-15 Single Family
Residential Old Town Single Family
North Single Family-15 Single Family
Residential Old Town Single Family
East Single Family-15 Single Family
Residential Old Town Single Family
South Single Family-15 Single Family
Residential Old Town Single Family
West Downtown Office Office Old Town Office
Requested Zoning – The purpose of this request is to rezone the subject property to the
Downtown Office (DTO) District to allow for the future conversion of a residential structure into
an office building. The applicant has indicated they intend to open a counseling office. At the
time of an application for “straight” zoning, the applicant is not required to submit an exhibit
depicting how the property or building will be redevelopment. Prior to development, the
developer will be required to submit a Site Plan for review and approval by the Planning &
Zoning Commission and a Façade Plan for review and approval by Town staff. The applicant
Prosper is a place where everyone matters.
PLANNING
Item 8
Page 2 of 3
has been advised of the standards necessary for redevelopment. Below is a picture of the
existing structure.
Future Land Use Plan – The Future Land Use Plan recommends Old Town Single Family. The
proposed zoning request does not conform to the Future Land Use Plan. The companion item
is a request to amend the Future Land Use Plan to Old Town Office to accommodate the
rezoning request.
Thoroughfare Plan – The property has direct access to Coleman Street, an ultimate 84-foot
wide, 2-lane divided Collector roadway, with on-street parallel parking.
Parks Master Plan – The Parks Master Plan does not indicate a park is needed on the subject
property; however, a hike and bike trail (wider sidewalk) along Coleman Street will be needed at
the time of development.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by State Law. To date,
staff has received one (1) Public Hearing Notice Reply Forms. Town Attorney, Terrence Welch
of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality.
Item 8
Page 3 of 3
Attached Documents:
1. Aerial and Zoning Maps
2. Public Hearing Notice Reply Form
3. Ordinance
Planning & Zoning Commission Recommendation:
At their June 4, 2019, meeting, the Planning & Zoning Commission recommended the Town
Council approve the request, by a vote of 4-0.
Staff Recommendation:
Staff recommends the Town Council approve an ordinance rezoning 0.3± acres from Single
Family-15 (SF-15) to Downtown Office (DTO), located on the southeast corner of Third Street
and Coleman Street.
Proposed Motion:
I move to approve an ordinance to rezoning 0.3± acres from Single Family-15 (SF-15) to
Downtown Office (DTO), located on the southeast corner of Third Street and Coleman Street.
Item 8
Z19-0009
FIRST ST
THIRD ST
SECOND STMAIN STCOLEMAN ST±0 100 20050
Feet
Item 8
Z19-0009PD-80
PD-78
PD-67
SF-15
DTR
C
DTO
C
DTO
DTSF
DTR
DTO
DTO
DTO
C
DTR
DTSF
CDTODTO
M FIRST ST
THIRD ST
SECOND STMAIN STCOLEMAN ST±0 100 20050
Feet
Item 8
Item 8
TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-__
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMEN DING
PROSPER’S ZONING ORDINANCE BY REZONING A TRACT OF LAND
CONSISTING OF 0.317 ACRE, SITUATED IN THE COLLIN COUNTY SCHOOL
LAND, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY,
TEXAS FROM SINGLE FAMILY-15 (SF-15) TO DOWNTOWN OFFICE (DTO);
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 the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Donald
and Marcey Mettica (“Applicant”), to rezone 0.317 acres of land, more or less, in the Collin
County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas,
from Single Family-15 (SF-15) to Downtown Office (DTO) and being more particularly described
in Exhibit “A,” attached hereto and incorporated herein for all purposes; and
WHEREAS, the Town Council has investigated 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, 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 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
Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance, adopted
by Ordinance No. 05-20 is amended as follows: The zoning designation of the below described
property containing 0.317 acre of land, more or less, in the Collin County School Land Survey,
Abstract No. 147, in the Town of Prosper, Collin County, Texas, (the “Property”) and all streets,
roads, and alleyways contiguous and/or adjacent thereto is hereby zoned as Downtown Office
(DTO) and being more particularly described in Exhibit “A,” attached hereto and incorporated
herein for all purposes as if set forth verbatim.
Item 8
Ordinance No. 19-__, Page 2
All development plans, standards, and uses for the Property 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.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original
record and shall not be changed in any manner.
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
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.
Item 8
Ordinance No. 19-__, Page 3
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 25TH DAY OF JUNE, 2019.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 8
Item 8
DONALD E. METTICA ANDMARCEY L. METTICADOC. NO. 20140519000489600O.P.R.C.C.T.ALL OF LOT 2, PART OF LOT 1,BLOCK 13BRYANT'S ADDITIONVOL. 116, PG. 162D.R.C.C.T.MCGEE FAMILY PARTNERS LTD2017072700099356000330Vol 92, Page 14921DELBERT W NEIGHBORS &NANCY ANN FLOYD &Instr# 20180307000283240Instr# 20170926001288090ZONING EXHIBIT Vicinity MapNTSS Colemen Street
E 3rd StreetE Broadway StreetTown of Prosper, Texas
Lot 1a & 2, Block 13 Bryants First Addition
102 E Third Street JP Engineering
700 Central Expressway S. Suite 400 - Allen, Texas 75013 972-467-7505
Texas P.E. Firm Number 14021E 2nd StreetItem 8
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 25, 2019
Agenda Item:
Conduct a Public Hearing, and consider and act upon an ordinance amending Chapter 3,
“Permitted Uses and Definitions,” of the Town’s Zoning Ordinance regarding Farmer’s Markets.
(Z19-0008).
Background and Purpose of the Proposed Amendments:
During the Town Council briefing session on April 23, 2019, staff noted the need to update various
health-related codes. In conjunction with this, staff also indicated there has been interest in
bringing a Farmer’s Market to the Town. Currently, a Farmer’s Market is permitted by right in the
Downtown Retail, Downtown Commercial, Retail and Commercial zoning districts. With the
exception of the definition of a Farmer’s Market, there are no other development guidelines, or
discretionary review by either the Planning & Zoning Commission or Town Council.
The purpose of the following amendments is to provide review authority to the Planning & Zoning
Commission and Town Council by establishing a Specific Use Permitting process with Conditional
Development Standards, and update the definition of a Farmer’s Market to be consistent with
current food standards adopted by the State.
1.Amend Section 1.3, Schedule of Uses, of Chapter 3, Permitted Uses and Definitions by
changing the designation of a Farmer’s Market as a use “Permitted by Right” in the Downtown
Retail (DTR), Retail (R), Downtown Commercial (DTC), and Commercial (C) Districts to
permitted as Permitted upon compliance with Conditional Development Standards.
2.Amend Section 1.4, “Conditional Development Standards” by establishing a new Conditional
Development Standard #48 to read,
48.Farmer’s Market
Permitted by Specific Use Permit in the referenced districts, subject to the
following standards:
a)All vendors shall abide by the provisions of applicable Town of Prosper
ordinances and regulations and applicable state laws and regulations related to
Farmer’s Markets, including Texas Administrative Code, Title 25, Chapter 229,
Subchapter FF, as they exist or may be amended. (This will permit the sale of
raw or processed foods as permitted by the State).
Prosper is a place where everyone matters.
PLANNING
Item 9
Page 2 of 2
b) No more than 30% of the number of vendor stalls or booths shall be permitted to
sell non-food or non-agricultural items. (The current definition does not permit
the sale of any non-food items. While the primary purpose of a farmer’s market
is to sell food and produce, a limited number of booths offering the sale of non-
food products is reasonable and often increases the viability of the market).
c) A farmer’s market shall not include the sale of used household goods or
constitute a flea market.
d) All operations must take place on a concrete or asphalt surface.
(The Town’s Food Establishment ordinance will address other issues such as
permitting, inspections, food handling, preparation and storage).
3. Amend Section 2, “Definitions,” of Chapter 3, “Permitted Uses and Definitions” by amending
the definition of a Farmer’s Market. The current definition reads,
“Farmer’s Market - An area containing individual vendors who offer fruits, vegetables, herbs,
spices, edible seeds, nuts, live plants, flowers, and honey for sale. The following products
are not permitted for sale at a Farmer’s Market: any type of meat, fish, poultry, eggs,
refrigerated dairy products, or home packaged items.” This definition is too restrictive in
regards to the type of foods that are prohibited, and as a noted above, does not allow for the
sale of non-food items.
Proposed Definition:
“Farmer’s Market - A designated location providing individual spaces leased by farmers,
producers, and vendors for the retail sale directly of food and non-food products in accordance
with the Conditional Development Standards.”
Legal Obligations and Review:
Notification was provided in the newspaper as required by state law. To date, staff has not
received any responses regarding the request. Terrence Welch of Brown & Hofmeister, L.L.P.,
has approved the ordinance as to form and legality.
Attached Document:
1. Ordinance
Planning & Zoning Commission Recommendation:
At its June 4, 2019 meeting, the Planning & Zoning Commission recommended the Town Council
approve the request by a vote of 4-0.
Town Staff Recommendation:
Staff recommends the Town Council approve an ordinance amending Chapter 3, “Permitted Uses
and Definitions,” of the Town’s Zoning Ordinance regarding Farmer’s Markets.
Town Council Public Hearing:
I move to approve an ordinance amending Chapter 3, “Permitted Uses and Definitions,” of the
Town’s Zoning Ordinance regarding Farmer’s Markets.
Item 9
TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING THE TOWN’S ZONING ORDINANCE,
BY AMENDING SUBSECTION 1.3(F), “RETAIL USES,” OF
SUBSECTION 1.3, “SCHEDULE OF USES,” OF SECTION 1, “USE OF
LAND AND STRUCTURES,” OF CHAPTER 3, “PERMITTED USES AND
DEFINITIONS,” BY CHANGING THE PERMITTED USE OF A
FARMER’S MARKET FROM PERMITTED BY RIGHT IN THE
DOWNTOWN RETAIL, RETAIL, DOWNTOWN COMMERCIAL, AND
THE COMMERCIAL ZONING DISTRICTS TO THE USE PERMITTED
UPON APPROVAL OF A SPECIFIC USE PERMIT IN THE DOWNTOWN
RETAIL, RETAIL, DOWNTOWN COMMERCIAL, AND THE
COMMERCIAL ZONING DISTRICTS; AMENDING SUBSECTION 1.4,
“CONDITIONAL DEVELOPMENT STANDARDS,” OF SECTION 1, “USE
OF LAND AND STRUCTURES,” OF CHAPTER 3, “PERMITTED USES
AND DEFINITIONS,” BY ESTABLISHING A NEW CONDITIONAL
DEVELOPMENT STANDARD #48 FOR A “FARMER’S MARKET”;
AMENDING SECTION 2, “DEFINITIONS,” OF CHAPTER 3,
“PERMITTED USES AND DEFINITIONS,” BY AMENDING THE
DEFINITION OF THE EXISTING TERM, “FARMER’S MARKET”;
PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, after public notice and public hearing as required by law, the Planning
& Zoning Commission of the Town of Prosper, Texas, has recommended amending the
Town’s Zoning Ordinance to encompass those amendments as set forth herein; and
WHEREAS, after public notice and public hearing as required by law, and upon
due deliberation and consideration of the recommendation of said Planning & Zoning
Commission and of all testimony and information submitted during said public hearing, the
Town Council of the Town of Prosper, Texas, has determined that it is in the public’s best
interest and in furtherance of the health, safety, morals, and general welfare of the citizens
of the Town to amend the Town’s Zoning Ordinance as set forth herein.
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 findings of the Town of Prosper, and they are hereby approved and incorporated
into the body of this Ordinance as if restated herein in their entirety.
SECTION 2
From and after the effective date of this Ordinance, existing Subsection 1.3(F),
“Retail Uses,” of Subsection 1.3, “Schedule of Uses,” of Section 1, “Use of Land and
Structures,” of Chapter 3, “Permitted Uses and Definitions,” is amended by changing the
permitted use of a Farmer’s Market from Permitted by Right in the Downtown Retail, Retail,
Item 9
Ordinance No. 19-__, Page 2
Downtown Commercial, and Commercial Zoning Districts to the use Permitted upon
approval of a Specific Use Permit in the Downtown Retail, Retail, Downtown Commercial,
and Commercial Zoning Districts.
SECTION 3
From and after the effective date of this Ordinance, Subsection 1.4, “Conditional
Development Standards,” of Section 1, “Use of Land and Structures,” of Chapter 3,
“Permitted Uses and Definitions,” is hereby amended by establishing a new Conditional
Development Standard #48, “Farmer’s Market,” to read as follow:
“1.4 Conditional Development Standards
* * *
48. Farmer’s Market
Permitted by Specific Use Permit in the referenced districts, subject to the following
standards:
a) All vendors shall abide by the provisions of applicable Town of Prosper ordinances
and regulations and applicable state laws and regulations related to Farmer’s
Markets, including Texas Administrative Code, Title 25, Chapter 229, Subchapter
FF, as they exist or may be amended.
b) No more than 30% of the number of vendor stalls or booths shall be permitted to
sell non-food or non-agricultural items.
c) A farmer’s market shall not include the sale of used household goods or constitute
a flea market.
d) All operations must take place on a concrete or asphalt surface.”
SECTION 4
From and after the effective date of this Ordinance, Subsection 2.2 of Section 2,
“Definitions,” of Chapter 3, “Permitted Uses and Definitions,” is hereby amended by
amending the existing definition of “Farmers Market,” to read as follows:
“Farmer’s Market - A designated location providing individual spaces leased by farmers,
producers, and vendors for the retail sale directly of food and non-food products in
accordance with the Conditional Development Standards.”
SECTION 5
Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. The Town hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or
invalid.
Item 9
Ordinance No. 19-__, Page 3
SECTION 6
All provisions of any ordinance in conflict with this Ordinance are hereby repealed
to the extent they are in conflict, and any remaining portions of said ordinances shall
remain in full force and effect.
SECTION 7
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 two thousand dollars ($2,000.00) for each
offense.
SECTION 8
This Ordinance shall become effective from and after its adoption and publication
as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF
THE TOWN OF PROSPER, TEXAS, ON THIS 25th DAY OF JUNE, 2019.
___________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrence S. Welch, Town Attorney
Item 9
Page 1 of 1
To: Mayor and Town Council
From: Kelly Neal, CGFO, CPM, Finance Director
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 25, 2019
Agenda Item:
Consider and act upon all matters incident and related to the issuance and sale of Town of
Prosper, Texas, General Obligations Bonds, Series 2019, including the adoption of an ordinance
authorizing the issuance of such Bonds, approving an Official Statement, a Paying
Agent/Registrar Agreement and an engagement letter of Bond Counsel.
Description of Agenda Item:
Proceeds from the sale of the bonds will be used for the following purposes:
•constructing, improving, extending, expanding, upgrading, and developing streets and
roads, or other related infrastructure in the Town; and
•paying the costs associated with the issuance of the Bonds; and
•paying legal, fiscal, engineering and architectural fees in connection with these projects.
Budget Impact:
If the General Obligation Bonds are approved, debt service payments would be funded from the
Debt Service Fund. As shown in Attachment 1, Hilltop Securities Proposed Capital Improvement
Plan and Series 2019 Issuances, it is anticipated that the increase in Assessed Value would offset
the additional debt service. The projected financing results target an I&S rate of $0.1535.
Legal Obligations and Review:
Dan Culver, with McCall, Parkhurst & Horton L.L.P., serves as the Town’s Bond Counsel and
prepared the attached ordinance.
Attached Documents:
1.Hilltop Securities Proposed Capital Improvement Plan and Series 2019 Issuances
2.CIP Program 05/14 Final, highlighted projects related to the issuance of GO Bonds (blue)
3. Ordinance authorizing the issuance and sale of the Town of Prosper, Texas, General
Obligation Bonds, Series 2019.
Town Staff Recommendation:
Staff recommends adoption of an ordinance authorizing the issuance and sale of Town of
Prosper, Texas, General Obligation Bonds, Series 2019, and approving all other matters related
thereto.
Proposed Motion:
I move to adopt an ordinance authorizing the issuance and sale of Town of Prosper, Texas,
General Obligation Bonds, Series 2019, and approving all other matters incident thereto.
Prosper is a place where everyone matters.
FINANCE
Item 10
Town of Prosper
Projected Tax-Backed Debt Service Tied to Five Year Capital Plan (Updated 6.10.2019)
Target Maximum I&S Tax Rate of $0.1525; Assumes Use of I&S Fund Balance in Select Years
Series Series Series Series Series Series 2019 FY 2019 LESS:% of
Taxable Outstanding 2018 2019 2020 2021 2022 Drainage Drainage PLUS:LESS:Effect of LESS:Combined Overall
Assessed Tax-Backed $16.94mm $18.08mm $11.16mm $1.91mm $1.40mm No D/S Payment Paying Agent Use of Fund Freeze Earned Net I&S Tax $0.52 Total
FYE Valuation (1)Debt Service (2)Proceeds (3)Proceeds (3)Proceeds (3)Proceeds (3)Proceeds (3)Issue by I&S (3)Fees Balance Revenue (4)Interest Total P+I Rate (5)Tax Rate
2019 3,672,644,937$ 4,256,745$ 1,674,106$ 249,588$ 10,050$ 225,000$ 361,195$ 38,500$ 5,565,793$ 0.1525$ 29.3%
2020 4,388,810,700 4,424,110 898,025 1,871,742$ -$ 20,000 - 432,534 45,000 6,736,342 0.1535 29.5%
2021 4,739,915,556 4,575,495 899,575 994,250 660,333$ - 20,200 587,000 432,534 45,000 6,085,319 0.1284 24.7%
2022 5,119,108,800 4,318,140 1,169,975 995,050 907,250 113,167$ - 20,400 427,000 432,534 45,000 6,619,448 0.1293 24.9%
2023 5,323,873,152 4,362,478 1,161,750 1,004,850 914,125 97,000 79,354$ - 20,600 248,000 432,534 45,000 6,914,623 0.1299 25.0%
2024 5,536,828,078 4,720,686 1,160,000 905,650 914,875 97,000 73,250 - 20,800 300,000 432,534 45,000 7,114,727 0.1285 24.7%
2025 5,758,301,201 4,452,658 1,161,625 1,157,550 924,375 175,000 209,750 - 21,000 - 432,534 45,000 7,624,424 0.1324 25.5%
2026 5,931,050,237 4,904,426 1,166,375 1,163,250 927,500 93,000 76,000 - 21,200 - 432,534 45,000 7,874,217 0.1328 25.5%
2027 6,108,981,745 4,411,756 1,164,250 1,162,650 924,500 175,875 119,375 - 21,400 - 432,534 45,000 7,502,272 0.1228 23.6%
2028 6,292,251,197 4,401,575 1,165,250 1,160,850 925,375 176,500 121,500 - 21,600 - 432,534 45,000 7,495,116 0.1191 22.9%
2029 6,355,173,709 4,404,138 1,168,450 1,157,850 925,000 176,875 118,500 - 21,800 - 432,534 45,000 7,495,079 0.1179 22.7%
2030 6,418,725,446 3,478,700 1,169,150 1,162,925 928,250 177,000 120,375 - 22,000 - 432,534 45,000 6,580,866 0.1025 19.7%
2031 6,482,912,700 3,470,469 1,168,450 1,161,300 925,125 176,875 122,000 - 22,200 - 432,534 45,000 6,568,885 0.1013 19.5%
2032 6,547,741,827 3,475,494 1,160,500 1,158,925 925,625 176,500 118,500 - 22,400 - 432,534 45,000 6,560,410 0.1002 19.3%
2033 6,613,219,246 3,188,425 1,160,525 1,165,650 924,625 175,875 119,875 - 22,600 - 432,534 45,000 6,280,041 0.0950 18.3%
2034 6,679,351,438 2,898,863 1,159,131 1,161,475 927,000 175,000 121,000 - 22,800 - 432,534 45,000 5,987,735 0.0896 17.2%
2035 6,746,144,953 2,828,800 1,155,819 1,161,475 927,625 173,875 117,000 - 23,000 - 432,534 45,000 5,910,060 0.0876 16.8%
2036 6,813,606,402 1,898,800 1,160,703 1,160,575 926,500 177,375 117,875 - 23,200 - 432,534 45,000 4,987,494 0.0732 14.1%
2037 6,881,742,466 821,100 1,158,647 1,158,775 928,500 175,500 118,500 - 23,400 - 432,534 45,000 3,906,888 0.0568 10.9%
2038 6,950,559,891 1,159,781 1,161,000 923,625 178,250 118,875 - 23,600 - 432,534 45,000 3,087,597 0.0444 8.5%
2039 7,020,065,490 1,162,175 926,750 175,625 119,000 - 23,800 - 432,534 45,000 1,929,816 0.0275 5.3%
2040 7,090,266,145 927,625 177,625 118,875 24,000 - 432,534 45,000 770,591 0.0109 2.1%
2041 7,161,168,806 174,250 118,500 24,200 - 432,534 45,000 - - 0.0%
2042 7,232,780,494 117,875 24,400 - 432,534 45,000 - - 0.0%
71,292,855$ 23,242,087$ 23,187,967$ 18,214,583$ 3,218,167$ 2,345,979$ -$ 249,588$ 520,650$ 1,787,000$ 10,309,477$ 1,073,500$ 129,597,742$
(2) Debt service assumed to be repaid solely with I&S tax revenues. Repayment source may be changed from year to year.
(3) Debt service assumed to be repaid solely with I&S tax revenues. With the exception of Series 2018, based on projected rates; preliminary, subject to change.
(4) Estimated and for illustrative purposes only; assumed to remain constant. In years where the freeze revenue is greater than the debt service, debt service is assumed to equal zero. Preliminary, subject to change.
(5) FY 2019 I&S tax rate is actual. All others calculated based on 100.0% collections.
(1) FY 2019 based on values per Town Staff. Assumes the following growth rates per Town Staff: 19.5% in FY 2020, 8% in FY's 2021 and 2022, 4% in FY's 2023-2025, 3% in FY's 2026-2028 and 1% thereafter. Includes estimated effect of 10% homestead exemption.
Item 10
Total Issued Debt Unissued Debt Unissued Debt Reimbursement Issued
Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028
01 1412-ST Downtown Enhancements (Broadway) 200,000 2,365,959 2,565,959 2,320,686 D 245,589 01
02 1512-ST First Street (DNT - Coleman) 1,076,000 1,363,915 346,652 8,000,000 10,786,567 2,439,915 A, D 346,652 8,000,000 8,000,000 02
03 1507-ST West Prosper Road Improvements 6,000,000 6,781,000 3,140,549 15,921,549 9,516,000 B,C 4,305,549 2,100,000 2,100,000 03
04 1622-ST Main Street (First - Broadway) 625,000 625,000 400,000 E 225,000 04
05 Gates of Prosper, TIRZ No. 1
(Richland, Lovers Lane, Detention) 1,214,388 2,079,632 2,532,536 5,826,556 5,826,556 H 05
06 Matthews Southwest, TIRZ No. 2 188,352 440,601 628,953 628,953 J 06
07 1511-ST Prosper Trail (Kroger - Coit) 305,000 4,457,308 45,901 4,808,209 4,580,000 A,D 228,209 07
08 1721-ST Windsong Road Repairs, Phase 1 & 2
Acacia Parkway (Gee Road - Windsong Parkway) 1,022,782 1,022,782 1,022,782 D 08
09 1812-ST Windsong Road Repairs (Uretek) 920,000 920,000 920,000 D,Z 09
10 1817-ST Windsong Road Repairs, Phase 3 710,000 12,745 722,745 12,745 D 710,000 710,000 10
11 US 380 (Denton County Line - Lovers Lane) 59,000,000 59,000,000 59,000,000 X 11
12 1709-ST Prosper Trail (Coit - Custer) - 4 lanes 610,000 200,000 11,755,000 12,565,000 810,000 A 11,755,000 11,755,000 12
13 1710-ST Coit Road (First - Frontier) - 4 lanes 689,900 600,000 14,000,000 15,289,900 1,289,900 A 14,000,000 14,000,000 13
14 1307-ST Frontier Parkway (BNSF Overpass) 20,345,000 979,004 1,230,996 22,555,000 20,375,000 A,X 949,004 1,230,996 365,000 1,230,996 14
15 DNT Southbound Frontage Road 17,000,000 17,000,000 17,000,000 X 15
16 Teel Parkway (DCFWSD#10), Phase 2 1,000,000 1,000,000 1,000,000 X 16
17 1513-ST Old Town Streets 2015 (Fifth, McKinley) 1,000,000 1,000,000 1,000,000 1,000,000 17
18 1803-ST Fifth Street (Coleman - Church) 375,000 375,000 375,000 375,000 18
19 1804-ST Third Street (Main - Coleman) 250,000 250,000 250,000 250,000 19
20 1701-ST Eighth Street (Church - PISD Admin) 260,000 260,000 260,000 260,000 20
21 1702-ST Field Street (First - Broadway) 250,000 250,000 250,000 250,000 21
22 1708-ST E-W Collector (Cook Lane - DNT); design done w/ Cook Lane 125,000 1,250,000 1,375,000 1,375,000 A 22
23 1820-ST First Street/DNT Intersection Improvements 137,000 1,250,000 1,387,000 1,387,000 A,D 23
24 1823-ST Victory Way (Coleman - Frontier) - 2 lanes of 4 lane ultimate 250,000 2,250,000 2,500,000 250,000 D 385,000 1,865,000 2,250,000 24
25 1830-ST Prosper Trail/DNT Intersection Improvements 13,000 75,000 88,000 88,000 A,D 25
26 1831-ST First Street/BNSF RR Overpass Study 40,000 40,000 40,000 D 26
27 1832-ST Prosper Trail/BNSF RR Overpass Study 40,000 40,000 40,000 D 27
28 1824-ST Fishtrap (Teel Intersection Improvements) 150,000 1,350,000 1,500,000 150,000 D 1,350,000 1,350,000 28
29 1708-ST Cook Lane (First - End) 150,000 2,100,000 2,250,000 150,000 A 2,100,000 2,100,000 29
30 1825-ST Coleman Street (Gorgeous - Prosper Trail) - 4 lanes 375,000 2,125,000 2,500,000 375,000 D 2,125,000 2,125,000 30
31 1805-ST FM 2478 (US 380 - FM 1461) 80,000 243,205 69,000 56,500,000 56,892,205 56,892,205 A,K,X 31
32 Coleman Street (at Prosper HS) 700,000 700,000 700,000 C 32
33 1908-ST Fifth Street (Parvin - Craig) 395,795 395,795 395,795 D 33
34 1908-ST Lane Street (First - Third) 225,000 225,000 225,000 D 34
35 1908-ST North Street (Seventh - Eighth) 175,000 175,000 175,000 D 35
36 1908-ST Pecan Street (First - End) 200,000 200,000 200,000 D 36
37 Craig Street (Preston - First) 750,000 750,000 750,000 750,000 37
38 Craig Street (First - Broadway) 350,000 350,000 350,000 350,000 38
39 Craig Street (Broadway - Fifth) 200,000 200,000 200,000 200,000 39
40 DNT Overpass at US380 8,000,000 92,000,000 100,000,000 96,000,000 D,J, X 4,000,000 4,000,000 40
41 US 380 (US 377 - Denton County Line) 129,728,061 129,728,061 129,728,061 X 41
42 DNT Main Lane (US 380 - FM 428) 87,500,000 262,500,000 350,000,000 350,000,000 X 42
43 Crown Colony (Meadow Run - Bradford) 465,000 465,000 53,816 411,184 465,000 43
44 Crown Colony (Bradford - High Point) 500,000 500,000 500,000 500,000 44
45 Ridgewood (Hays - Crown Colony) 560,000 560,000 560,000 560,000 45
46 Waterwood (Ridgewood - End) 150,000 150,000 150,000 150,000 46
47 Colonial (Ridgewood - End)150,000 150,000 150,000 150,000 47
48 Shady Oaks Lane (Ridgewood - End)150,000 150,000 150,000 150,000 48
49 Riverhill (Ridgewood - End)150,000 150,000 150,000 150,000 49
50 Plymouth Colony (Bradford - High Point)400,000 400,000 400,000 400,000 50
51 Plymouth Colony Circle (Plymouth Colony - End)200,000 200,000 200,000 200,000 51
52 Prestonview (Hays - Betts)750,000 750,000 750,000 750,000 52
53 Betts Lane (Prestonview - High Point)250,000 250,000 250,000 250,000 53
54 High Point Drive (Hays - Betts)725,000 725,000 725,000 725,000 54
55 West Yorkshire Drive (High Point - Bradford)250,000 250,000 250,000 250,000 55
56 Bradford Drive (West Yorkshire-Plymonth Colony)600,000 600,000 600,000 600,000 56
57 Chandler Circle (Preston Road-Hays)700,000 700,000 700,000 700,000 57
58 1703-ST Parvin Road (Good Hope - FM 1385) 270,000 270,000 270,000 270,000 58
59 1704-ST Pasewark (Preston - Hickory) 400,000 400,000 400,000 400,000 59
60 FM 1461 (SH 289 - CR 165) 53,000,000 53,000,000 53,000,000 X 60
61 Coleman Street (Prosper Trail - Preston) - 4 lanes 6,000,000 6,000,000 700,000 A 5,300,000 5,300,000 61
62 Fishtrap (Teel - DNT) - 4 lanes 13,500,000 13,500,000 1,250,000 A 12,250,000 12,250,000 62
63 Teel Parkway (US 380 - Fishtrap) - Add 2 lanes to make 4 4,500,000 4,500,000 500,000 A 4,000,000 4,000,000 63
64 1923-ST Fishtrap (Section 1, 4) design; (Elem to DNT) schematic 778,900 813,000 813,000 778,900 D
69,908,640 61,526,197 17,205,287 12,699,996 278,228,061 87,500,000 0 382,863,000 909,152,281 821,542,498 0 9,145,003 1,738,816 76,692,180 365,000 2,845,000 5,700,000 8,630,996 0 0 0 64,100,000
A Impact Fees G Park Development Fund
B Grant and Interlocal Funds H TIRZ #1
C Developer Agreements J TIRZ #2
D General Fund K Escrows
E Water / Wastewater Fund X Non-Cash Contributions
F Stormwater Drainage Fund Z Other Sources (See Detail)
Unissued Debt Schedule
Description Codes - Other Sources
Funding Sources
Other
Sources
Summary of Capital Improvement Program - 05/14 FINAL
General Fund Projects
IndexStreet Projects
Subtotal
01
IndexItem 10
Funding Sources
Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement Issued
Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Sources Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028
01 1827-TR Median Lighting - US 380 (Denton County - Custer)485,000 485,000 485,000 D 01
02 Median Lighting - Coit Road (First - Frontier)1,000,000 1,000,000 1,000,000 D 02
03 Median Lighting - First Street (Craig - Coit)625,000 625,000 625,000 D 03
04 Median Lighting - Prosper Trail (Dallas Pkwy - Preston)825,000 825,000 825,000 D 04
05 Median Lighting - Prosper Trail (Preston - Coit 625,000 625,000 625,000 D 05
06 Traffic Signal - FM 1461 & Coit Rd 125,000 125,000 125,000 X 06
07 Traffic Signal - FM 1461 & FM 2478 (Custer Rd)125,000 125,000 125,000 X 07
08 Traffic Signal - FM 2478 (Custer Rd) & Prosper Trail 125,000 125,000 125,000 X 08
09 Traffic Signal - SH 289 & Coleman Rd 220,000 220,000 220,000 X 09
10 1909-TR Traffic Signal - Coit Rd & First Street 250,000 250,000 250,000 A 10
11 Traffic Signal - DNT & Frontier: (Collin County)400,000 400,000 400,000 X 11
12 Traffic Signal - DNT & Prosper Trail: (Collin County)400,000 400,000 400,000 X 12
13 Traffic Signal - Coit Rd & Richland Boulevard 250,000 250,000 250,000 A 13
14 Traffic Signal - Fishtrap & Gee Road 250,000 250,000 250,000 A 14
15 1928-TR Traffic Signal - Fishtrap & Teel Parkway 34,100 250,000 284,100 284,100 A,D 15
16 Traffic Signal - Fishtrap & Windsong Parkway 250,000 250,000 250,000 A 16
17 Traffic Signal - FM 1385 & Fishtrap 125,000 125,000 125,000 X 17
18 Traffic Signal - SH 289 & Lovers Lane 220,000 220,000 220,000 H 18
595,000 1,569,100 1,345,000 0 0 0 3,075,000 6,584,100 6,584,100 0 0 0 0 0 0 0
Funding Sources
Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement IssuedIndexSummary of Capital Improvement Program - 05/14 FINAL
General Fund Projects
Traffic Projects
Subtotal IndexPark Projects IndexUnissued Debt Schedule
02
Unissued Debt Schedule IndexItem 10
Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Sources Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028
Neighborhood Park
01 1806-PK Star Trail Park #1 (7.5 Acres / No Lights)985,000 985,000 985,000 C, G 01
02 Lakewood Preserve (22 Acres / No Lights)483,000 483,000 966,000 966,000 C 02
03 1802-PK Hays Park (2 Acres / No Lights)50,000 35,000 310,000 395,000 395,000 G 03
04 Prairie Park (6.7 Acres / No Lights)300,000 300,000 300,000 C 04
05 Tanners Mill Park 468,000 600,000 1,068,000 468,000 C 600,000 600,000 05
06 Town Hall Open Space Park 55,000 2,000,000 2,055,000 55,000 D 2,000,000 2,000,000
07 Pecan Grove Irrigation (21.5 Acres / No Lights)85,000 85,000 85,000 G 07
08 Star Trail Park #2 (7.5 Acres / No Lights)1,393,000 1,393,000 535,000 C 858,000 858,000 08
09 Windsong Ranch Neighborhood Park #2 (7.5 Acres / No Lights)1,200,000 1,200,000 510,000 C, G 690,000 690,000 09
10 Pecan Grove Phase 2 (21.5 Acres / No Lights) (basketball, pavilion,
parking, security lighting) 67,500 675,000 742,500 250,000 G 492,500 67,000 425,500 10
11 Park Operations Park (Convert area where Ops is into park) (17
Acres / No Lights) 51,000 475,000 526,000 526,000 51,000 475,000 11
12 Windsong Ranch Neighborhood Park #3 (7.5 Acres / No Lights)1,300,000 1,300,000 260,000 C 1,040,000 1,040,000 12
13 Star Trail Park #3 7.5 Acres / No Lights)1,160,000 1,160,000 785,000 C, G 375,000 375,000 13
14 Cedar Grove Park Phase 2 (9.8 Acres / No Lights)325,000 325,000 325,000 325,000 14
15 1303-PK Cockrell Park (8.4 Acres / No Lights)90,000 1,150,000 1,240,000 90,000 G 1,150,000 1,150,000 15
16 Legacy School ILA (Playground cost share)35,000 35,000 35,000 G
Trails
17 1801-PK Whitley Place H&BTrail Extension 70,000 680,000 750,000 570,000 G 180,000 180,000 17
18 Windsong H&B Trail Phases 3C,5,6A, 6B, 7, 8, and 9.450,524 450,524 450,524 475,000 495,000 2,321,572 2,321,572 C 18
19 1910-PK Hike and Bike Master Plan 68,000 68,000 68,000 D 19
20 1911-PK Pecan Grove H&B Trail 30,000 410,000 440,000 250,000 G 190,000 190,000 20
21 Star Trail H&B Trail Phases 1, 2, 3, and 4.100,000 100,000 1,000,000 1,200,000 1,200,000 C 21
22 Whitley Place H&B Trail (Power line Easement)280,000 280,000 280,000 280,000 22
23 H&B Trail Heads / H&B Trail Gateways 103,000 110,000 500,000 713,000 713,000 103,000 110,000 500,000 23
24 Future unnamed H&B Trail 1,000,000 1,000,000 1,000,000 1,000,000 24
Community Park
25 1603-PK Frontier Park - North Field Improvements (17 Acres / Lights)11,360,815 31,195 11,392,010 1,834,590 B,G 9,557,420 25
26 1808-PK West Park Land (200 Acres / Lights)50,000 50,000 50,000 D 26
27 Town Lake Improvements (24 Acres / Lights)16,000 320,000 336,000 336,000 16,000 320,000 27
28 Sexton Park (69 Acres / Lights) (Sports Fields)7,650,000 7,650,000 7,650,000 7,650,000 28
29 Sexton Park Phase 2 (Lights) (Additional Sports Fields)15,000,000 15,000,000 15,000,000 15,000,000 29
30 Windsong Ranch Community Park (51 Acres / Lights)17,000,000 17,000,000 17,000,000 17,000,000 30
31 Prosper Center Community Park ( 30 Acres / no lights)15,000,000 15,000,000 15,000,000 15,000,000 31
32 Star Trail Park Community Park (30 Acres / Lights)15,000,000 15,000,000 15,000,000 15,000,000 32
Medians
33 1417-PK Richland Boulevard Median Landscaping 5,000 170,000 175,000 175,000 D 33
34 1723-PK State Highway 289 Gateway Monument 304,752 170,000 474,752 474,752 D 34
35 1818-PK Additional Turf Irrigation SH 289 80,000 80,000 80,000 D 35
36 1813-PK SH 289/US 380 Green Ribbon Landscape Irrigation 59,250 750,000 809,250 809,250 B,D 36
37 1922-PK Downtown Monument (Broadway/Preston)300,000 300,000 300,000 C
11,455,815 1,578,721 4,844,524 2,441,024 3,189,000 4,200,000 161,000 75,945,000 103,815,084 13,852,164 9,557,420 0 80,405,500 0 0 180,000 1,895,000 1,774,500 1,620,000 161,000 74,775,000
Funding Sources
Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement Issued
Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Sources Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028
01 1402-FC Town Hall - Professional Services 2,040,695 200,845 2,241,540 845 Z 2,240,695 1,250,000 379,195 01
02 1514-ST Town Hall - Offsite Infrastructure 1,307,400 1,307,400 32,400 F 1,275,000 02
03 1601-FC Town Hall - Construction 19,597,691 457,454 26,548 20,081,693 65,454 Z 20,016,239 10,451,732 03
04 1714-FC Town Hall - Furniture, Fixtures, and Equipment 1,362,000 1,362,000 1,362,000 1,362,000 04
05 1713-FC Police Station and Dispatch - Professional Services 59,696 1,000,000 585,000 1,644,696 59,696 D 1,022,904 385,000 1,000,000 385,000 05
06 1904-FC Police Station and Dispatch - Development Costs 550,000 550,000 550,000 550,000 06
07 1905-FC Police Station and Dispatch - Construction 12,500,000 12,500,000 1,576,232 D 35,865 11,065,000 11,065,000 07
08 1906-FC Police Station and Dispatch - Furniture, Fixtures, and Equipment 1,165,000 1,165,000 1,165,000 D 08
09 1809-FC Parks Operations and Public Works Complex 3,650,000 (200,000)10,900,000 14,350,000 2,550,000 E, G 900,000 10,900,000 900,000 10,900,000 09
10 Westside Radio Tower for Public Safety 500,000 500,000 500,000 500,000 10
11 Central Fire Station Administration 2,546,000 2,546,000 2,546,000 2,546,000 11
12 Central Fire Station, Phase II (Bunk Gear Climate Storage)850,000 850,000 850,000 850,000 12
13 Eastside Fire Station 5,625,000 5,625,000 5,625,000 5,625,000 13
14 1901-EQ Ladder Truck 1,650,000 1,650,000 1,650,000 D 1,650,000 14
15 Recreation Center 15,000,000 15,000,000 15,000,000 15,000,000 15
16 Senior Facility 9,000,000 9,000,000 9,000,000 9,000,000 16
24,367,482 5,308,299 16,276,548 500,000 0 0 0 43,921,000 90,373,329 7,099,627 26,852,703 0 56,421,000 1,250,000 14,092,927 12,000,000 500,000 0 0 0 45,571,000
105,731,937 69,008,217 39,895,459 16,986,020 281,417,061 91,700,000 161,000 505,804,000 1,109,924,794 849,078,389 45,555,126 1,738,816 213,518,680 1,615,000 16,937,927 17,880,000 11,025,996 1,774,500 1,620,000 161,000 184,446,000IndexPark Projects
IndexFacility Projects
Subtotal
Grand Total General Fund
Subtotal IndexUnissued Debt Schedule IndexItem 10
Funding Sources
Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement Issued
Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Sources Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028
01 1508-WA BNSF Railroad PRV's 175,000 (27,215)147,785 147,785 01
02 1719-WA Custer Road Pump Station Expansion (Additional Pump)134,100 829,350 (175,000)788,450 788,450 A 02
03 1822-WA Glennbrooke Water Meter PRV's 407,200 (257,200)150,000 150,000 03
04 1715-WA Fishtrap 2.5 MG Elevated Storage Tank Site Acquisition 300,000 300,000 300,000 A 04
05 1902-WA Custer Road Meter Station and Water Line Relocations 290,325 2,501,275 2,791,600 2,791,600 E 05
06 1715-WA Fishtrap 2.5 MG Elevated Storage Tank 325,700 5,808,000 6,133,700 3,168,700 A 2,757,500 207,500 2,707,500 207,500 06
07 1716-WA LPP Water Line Phase 1a & 1b 829,850 2,000,000 8,658,200 11,488,050 1,004,850 A 6,062,889 4,420,311 6,266,313 4,420,311 07
08 1716-WA LPP Water Line Phase 1 Easement Costs 1,941,500 (250,000)1,691,500 0 A 1,691,500 0 08
09 1501-WA LPP Phase Pump Station, GST and Water Line (2023)185,100 1,250,000 150,000 0 15,200,000 16,785,100 4,277,081 A 1,308,019 11,200,000 1,250,000 5,600,000 5,600,000 09
10 1810-WA LPP Water Line Phase 2 Easement Costs 0 1,000,000 1,000,000 1,000,000 A 10
11 1708-WA E-W Collector (Cook Lane - DNT) Water Line 256,025 256,025 250,000 E 6,025 11
12 1708-WA Cook Lane (First - End)400,000 400,000 400,000 E 12
13 1513-WA Old Town Streets 2015 (Fifth, McKinley) 350,000 (98,907)251,093 251,093 E 13
14 Lower Pressure Plane Future Expansion (2026)14,000,000 14,000,000 14,000,000 14,000,000 14
15 1924-WA Fifth (Parvin-Craig); Craig (Fifth-Broadway) Water Line Replace 200,000 200,000 200,000 E 15
1,649,750 7,078,050 14,554,228 2,901,275 1,000,000 15,200,000 0 14,000,000 56,383,303 14,431,774 0 12,123,718 0 29,827,811 0 10,223,813 4,627,811 0 0 5,600,000 5,600,000 14,000,000
Funding Sources
Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement Issued
Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Sources Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028
01 Gates of Prosper, TIRZ No. 1 (Middle Doe Branch Line) 5,764,238 38,644 0 5,802,882 5,802,882 H 01
02 Matthews Southwest, TIRZ No. 2 (Lower Doe Branch Line) 1,166,922 166,492 0 1,333,414 1,333,414 J 02
03 1834-WW Public Works WWTP Decommission 65,000 900,000 965,000 965,000 A,E 03
04 1907-WW Doe Branch, Phase 2 WWTP 0 MGD Expansion (2021)0 0 0 04
05 1903-WW Church / Parvin Wastewater Reconstruction 100,000 100,000 100,000 E 05
06 Doe Branch Parallel Interceptor (2021)5,000,000 5,000,000 5,000,000 5,000,000 06
07 Doe Branch, Phase 3 WWTP 0.85 MGD Expansion (2025)14,500,000 0 14,500,000 14,500,000 14,500,000 0 07
6,931,161 270,136 1,000,000 0 5,000,000 0 14,500,000 0 27,701,296 8,201,296 0 0 19,500,000 0 0 0 0 5,000,000 0 14,500,000 0
Funding Sources
Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement Issued
Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Sources Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028
01 1717-DR Old Town Drainage - First & Main Trunk Main 800,000 800,000 800,000 01
02 1616-DR Old Town Drainage - McKinley & Broadway Trunk Main 600,000 600,000 600,000 02
03 1614-DR Coleman Street Channel Improvements 17,500 0 300,000 317,500 17,500 F (0)300,000 300,000 03
04 1613-DR Old Town Drainage - Church & Parvin Drainage Impr.40,000 460,000 500,000 40,000 F 460,000 04
05 1718-DR Old Town Regional Retention - Broadway (Design & Constr.)25,000 216,149 406,615 647,764 647,764 05
06 1615-DR Old Town Regional Detention/Retention - Land Acquisition 540,000 385,000 925,000 540,000 385,000 385,000 06
07 1811-DR Old Town Drainage - Fifth Street Trunk Main 340,000 340,000 340,000 07
08 Old Town Drainage - Detention Pond Improvements 1,000,000 1,000,000 1,000,000 1,000,000 08
2,022,500 216,149 1,206,615 0 685,000 0 0 1,000,000 5,130,264 57,500 3,387,763 0 1,685,000 0 0 0 0 685,000 0 0 1,000,000
10,603,411 7,564,335 16,760,842 2,901,275 6,685,000 15,200,000 14,500,000 15,000,000 89,214,862 22,690,570 15,511,481 0 51,012,811 0 10,223,813 4,627,811 0 5,685,000 5,600,000 20,100,000 15,000,000
A Impact Fees
B Grant and Interlocal Funds
C Developer Agreements
D General Fund
E Water / Wastewater Fund
F Stormwater Drainage Fund
G Park Development Fund
H TIRZ #1
J TIRZ #2
K Escrows
X Non-Cash Contributions
Z Other Sources (See Detail)
Funding Sources
Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement
Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Sources Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028
105,731,937 69,008,217 39,895,459 16,986,020 281,417,061 91,700,000 161,000 505,804,000 1,109,924,794 849,078,389 45,555,126 1,738,816 213,518,680 1,615,000 16,937,927 17,880,000 11,025,996 1,774,500 1,620,000 161,000 184,446,000
10,603,411 7,564,335 16,760,842 2,901,275 6,685,000 15,200,000 14,500,000 15,000,000 89,214,862 22,690,570 15,511,481 0 51,012,811 0 10,223,813 4,627,811 0 5,685,000 5,600,000 20,100,000 15,000,000
116,335,348 76,572,552 56,656,301 19,887,295 288,102,061 106,900,000 14,661,000 520,804,000 1,199,139,656 871,768,959 61,066,607 1,738,816 264,531,491 1,615,000 27,161,740 22,507,811 11,025,996 7,459,500 7,220,000 20,261,000 199,446,000
Unissued Debt Schedule
Description Codes - Other Sources
Subtotal
Subtotal IndexWater Projects
Summary of Capital Improvement Program - 05/14 FINAL
Enterprise Fund Projects 03
Grand Total Capital Improvement Program
General Fund
Enterprise Funds
Grand Total Enterprise Funds
Wastewater Projects
Drainage Projects
Summary of Capital Improvement Program - 05/14 FINAL
Capital Improvement Program SummaryIndexIndex IndexIndexUnissued Debt Schedule
Unissued Debt Schedule
IndexIndexCapital Improvement Program Summary
Subtotal
Item 10
ORDINANCE NO. 19 - __
OF THE TOWN OF PROSPER, TEXAS
AUTHORIZING THE ISSUANCE OF
TOWN OF PROSPER, TEXAS
GENERAL OBLIGATION BONDS
SERIES 2019
Item 10
TABLE OF CONTENTS
Section 1. Recitals, Amount and Purpose of the Bonds ................................3
Section 2. Designation, Date, Denominations, Numbers, and Maturities and Interest Rates
of Bonds ...............................................................3
Section 3. Characteristics of the Bonds ............................................4
Section 4. Form of Bonds .......................................................7
Section 5. Interest and Sinking Fund .............................................15
Section 6. Defeasance of Bonds .................................................16
Section 7. Damaged, Mutilated, Lost, Stolen, or Destroyed Bonds ......................18
Section 8. Custody, Approval, and Registration of Bonds; Bond Counsel's Opinion; CUSIP
Numbers; Engagement of Bond Counsel .....................................19
Section 9. Covenants Regarding Tax Exemption of Interest on the Bonds ................19
Section 10. Sale of Bonds and Approval of Official Statement; Application of Proceeds;
Further Procedures......................................................22
Section 11. Default and Remedies ...............................................23
Section 12. Compliance with Rule 15c2-12........................................24
Section 13. Method of Amendment ..............................................26
Section 14. Severability .......................................................28
Section 15. Effective Date .....................................................28
Section 16. Appropriation ......................................................28
i
Item 10
ORDINANCE NO. 19 -__
AUTHORIZING THE ISSUANCE AND SALE OF TOWN OF PROSPER, TEXAS
GENERAL OBLIGATION BONDS, SERIES 2019; LEVYING AN ANNUAL AD VALOREM
TAX FOR THE PAYMENT OF SAID BONDS; APPROVING AN OFFICIAL STATEMENT;
AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT
THE STATE OF TEXAS §
COUNTIES OF COLLIN AND DENTON §
TOWN OF PROSPER §
WHEREAS, at an election in the Issuer held on May 14, 2011 (the "Election"), the voters
of the Issuer approved the issuance of tax bonds by the Issuer in five propositions totaling
$25,040,000.00 for the following purposes and in the following amounts:
Proposition
Number Purpose
Bonds
Approved
1 Purpose of acquiring a site for, and designing, a multi-purpose
municipal facility to serve as Town Hall and for other municipal
services, with any surplus bond proceeds to be used for the
construction of such facility.
$1,250,000
2 Purpose of acquiring a site for, and designing, a public works
facility, with any surplus bond proceeds to be used for the
construction of such facility.
$450,000
3 Purpose of designing, constructing, improving and equipping
public safety facilities in the Town, to-wit: police and fire
stations and facilities to improve and expand the Town's public
safety communications system for police, fire, emergency
medical service and other communications relating to public
safety and emergency conditions, and the acquisition of land and
interests in land as necessary for such purposes.
$3,850,000
4 Purpose of designing, constructing, improving and equipping
parks, trails and recreational facilities and a park administration
facility, and the acquisition of land and interests in land for such
purposes.
$6,200,000
Item 10
5 Purpose of constructing, improving, extending, expanding,
upgrading and developing streets and roads, bridges and
intersections including, utility relocation, landscaping,
sidewalks, traffic safety and operational improvements, the
purchase of any necessary right-of-way, drainage and other
related costs.
$13,290,000
WHEREAS, in connection with the issuance of the Issuer's General Obligation Refunding
and Improvement Bonds Series 2011 the Issuer has previously issued and delivered $320,000 of the
authorization from Proposition 4; in connection with the issuance of the Issuer's General Obligation
Bonds Series 2012, the Issuer has issued and delivered $3,810,000 of the authorization from
Proposition 5; in connection with the issuance of the Issuer's General Obligation Bonds Taxable
Series 2012 the Issuer has issued and delivered $3,880,000 of the authorization from Proposition 4;
in connection with the issuance of the Issuer's General Obligation Refunding and Improvement
Bonds Series 2014 the Issuer has issued and delivered $600,000 of the authorization from
Proposition 3 and $400,000 from Proposition 4; in connection with the Issuer's General Obligation
Refunding and Improvement Bonds Series 2015 the Issuer has issued and delivered $2,250,000 of
the authorization from Proposition 3 and $1,783,750 from Proposition 5; in connection with the
issuance of the Issuer's General Obligation Refunding and Improvement Bonds Series 2016 the
Issuer has issued and delivered $1,250,000 from Proposition 1, $1,150,000 from Proposition 4 and
$1,321,438 from Proposition 5; and in connection with the issuance of the Issuer's General
Obligation Refunding Bonds Series 2018 the Issuer has issued and delivered $450,000 from
Proposition 2, $1,000,000 from Proposition 3, $450,000 from Proposition 4 and $2,135,000 from
Proposition 5; and
WHEREAS, as a result of the aforesaid use of voted authorization from the Election, the
Issuer has the following amounts of voted but unissued bonds remaining from the Election as set
forth in the following schedule:
DATE OF
ELECTION
AMOUNT
AUTHORIZED PURPOSE
AMOUNT
PREVIOUSLY
ISSUED
AMOUNT
BEING
ISSUED(1)
AMOUNT
REMAINING
May 14, 2011 $ 1,250,000 Town Hall & Multi-Purpose Center $ 1,250,000 $ 0 $ 0
May 14, 2011 450,000 Public Works Facility 450,000 0 0
May 14, 2011 3,850,000 Public Safety Facilities & Equipment 3,850,000 0 0
May 14, 2011 6,200,000 Parks & Recreation Facilities & Equipment 6,200,000 0 0
May 14, 2011 13,290,000 Streets & Roads 9,050,188 4,239,812 0
Total $ 25,040,000 $20,800,188 $ 4,239,812 $ 0
(1) Includes premium deposited into the Construction Fund and applied against voted authorization.
WHEREAS, this Town Council finds and determines that it is necessary and proper to order
the issuance, sale and delivery of such the voted bonds as in shown in the table above from
Proposition 5 and for the purposes described in said proposition, above (the "Projects"), utilizing
$4,239,812 of the voted authorized from the Election, representing the use of all the remaining voted
authorization from the Election; and
2
Item 10
WHEREAS, the bonds hereafter authorized are being issued and delivered pursuant to
Chapter 1331, Texas Government Code, as amended; and
WHEREAS, it is officially found, determined, and declared that the meeting at which this
Ordinance has been adopted was open to the public and public notice of the time, place and subject
matter of the public business to be considered and acted upon at said meeting, including this
Ordinance, was given, all as required by the applicable provisions of Texas Government Code,
Chapter 551; Now, Therefore
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS:
Section 1. RECITALS, AMOUNT AND PURPOSE OF THE BONDS. The recitals set
forth in the preamble hereof are incorporated herein and shall have the same force and effect as if
set forth in this Section. The bonds of the Issuer are hereby authorized to be issued and delivered
in the aggregate principal amount of $4,090,000 FOR THE PURPOSE OF PROVIDING FUNDS
FOR THE CONSTRUCTION AND EQUIPMENT OF PUBLIC IMPROVEMENTS IN THE
ISSUER AS DESCRIBED IN THE PREAMBLE HERETO.
Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS, AND
MATURITIES AND INTEREST RATES OF BONDS. Each bond issued pursuant to this
Ordinance shall be designated: "TOWN OF PROSPER, TEXAS, GENERAL OBLIGATION
BOND, SERIES 2019," and initially there shall be issued, sold, and delivered hereunder one fully
registered bond, without interest coupons, dated June 15, 2019, in the principal amount stated above
and in the denominations hereinafter stated, numbered T-1, with bonds issued in replacement thereof
being in the denominations and principal amounts hereinafter stated and numbered consecutively
from R-1 upward, payable to the respective Registered Owners thereof (with the initial bond being
made payable to the initial purchaser as described in Section 10 hereof), or to the registered assignee
or assignees of said bonds or any portion or portions thereof (in each case, the "Registered Owner"),
and said bonds shall mature and be payable serially on February 15 in each of the years and in the
principal amounts, respectively, and shall bear interest from the dates set forth in the FORM OF
BOND set forth in Section 4 of this Ordinance to their respective dates of maturity at the rates per
annum, as set forth in the following schedule:
Years of
Maturity
Principal
Amount
Interest
Rates
Years of
Maturity
Principal
Amount
Interest
Rates
2020 2029
2021 2030
2022 2031
2023 ****
2024 2035
2025 ****
2026 2038
2027 2039
2028
3
Item 10
Section 3. CHARACTERISTICS OF THE BONDS.
(a) Registration, Transfer, Conversion and Exchange. The Issuer shall keep or cause to be
kept at the designated corporate trust office of U.S. Bank National Association, in Dallas, Texas (the
"Paying Agent/Registrar"), books or records for the registration of the transfer, conversion and
exchange of the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying
Agent/Registrar as its registrar and transfer agent to keep such books or records and make such
registrations of transfers, conversions and exchanges under such reasonable regulations as the Issuer
and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such
registrations, transfers, conversions and exchanges as herein provided. The Paying Agent/Registrar
shall obtain and record in the Registration Books the address of the registered owner of each Bond
to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the
duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which
payments shall be mailed, and such interest payments shall not be mailed unless such notice has
been given. The Issuer shall have the right to inspect the Registration Books during regular business
hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the
Registration Books confidential and, unless otherwise required by law, shall not permit their
inspection by any other entity. The Issuer shall pay the Paying Agent/Registrar's standard or
customary fees and charges for making such registration, transfer, conversion, exchange and
delivery of a substitute Bond or Bonds. Registration of assignments, transfers, conversions and
exchanges of Bonds shall be made in the manner provided and with the effect stated in the FORM
OF BOND set forth in this Ordinance. Each substitute Bond shall bear a letter and/or number to
distinguish it from each other Bond.
Except as provided in Section 3(c) of this Ordinance, an authorized representative of the
Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign said
Bond, and no such Bond shall be deemed to be issued or outstanding unless such Bond is so
executed. The Paying Agent/Registrar promptly shall cancel all paid Bonds and Bonds surrendered
for conversion and exchange. No additional ordinances, orders, or resolutions need be passed or
adopted by the governing body of the Issuer or any other body or person so as to accomplish the
foregoing conversion and exchange of any Bond or portion thereof, and the Paying Agent/Registrar
shall provide for the printing, execution, and delivery of the substitute Bonds in the manner
prescribed herein, and said Bonds shall be printed or typed on paper of customary weight and
strength. Pursuant to Chapter 1201, Government Code, as amended, the duty of conversion and
exchange of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the
execution of said Bond, the converted and exchanged Bond shall be valid, incontestable, and
enforceable in the same manner and with the same effect as the Bonds that initially were issued and
delivered pursuant to this Ordinance, approved by the Attorney General and registered by the
Comptroller of Public Accounts.
(b) Payment of Bonds and Interest. The Issuer hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds, all
as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all
payments made by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of all
4
Item 10
conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance.
However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30)
days thereafter, a new record date for such interest payment (a "Special Record Date") will be
established by the Paying Agent/Registrar, if and when funds for the payment of such interest have
been received from the Issuer. Notice of the past due interest shall be sent at least five (5) business
days prior to the Special Record Date by United States mail, first-class postage prepaid, to the
address of each registered owner appearing on the Registration Books at the close of business on the
last business day next preceding the date of mailing of such notice.
(c) In General. The Bonds (i) shall be issued in fully registered form, without interest
coupons, with the principal of and interest on such Bonds to be payable only to the registered owners
thereof, (ii) may be converted and exchanged for other Bonds, (iii) may be transferred and assigned,
(iv) shall have the characteristics, (v) shall be signed, sealed, executed and authenticated, (vi) the
principal of and interest on the Bonds shall be payable, and (vii) shall be administered and the
Paying Agent/Registrar and the Issuer shall have certain duties and responsibilities with respect to
the Bonds, all as provided, and in the manner and to the effect as required or indicated, in the FORM
OF BOND set forth in this Ordinance. The Bond initially issued and delivered pursuant to this
Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but
on each substitute Bond issued in conversion of and exchange for any Bond or Bonds issued under
this Ordinance the Paying Agent/Registrar shall execute the PAYING AGENT/REGISTRAR'S
AUTHENTICATION CERTIFICATE, in the form set forth in the FORM OF BOND.
(d) Paying Agent/Registrar for the Bonds. The Issuer covenants with the registered owners
of the Bonds that at all times while the Bonds are outstanding the Issuer will provide a competent
and legally qualified bank, trust company, financial institution, or other entity to act as and perform
the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying
Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change
the Paying Agent/Registrar upon not less than 60 days written notice to the Paying Agent/Registrar,
to be effective not later than 45 days prior to the next principal or interest payment date after such
notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by
merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer
covenants that promptly it will appoint a competent and legally qualified bank, trust company,
financial institution, or other entity to act as Paying Agent/Registrar under this Ordinance. Upon
any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall
transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books
and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by
the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written
notice thereof to be sent by the new Paying Agent/Registrar to each Registered Owner of the Bonds,
by United States mail, first-class postage prepaid, which notice also shall give the address of the new
Paying Agent/Registrar. By accepting the position and performing as such, each Paying
Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified
copy of this Ordinance shall be delivered to each Paying Agent/Registrar.
5
Item 10
(e) Authentication. Except as provided below, no Bond shall be valid or obligatory for any
purpose or be entitled to any security or benefit of this Ordinance unless and until there appears
thereon the Certificate of Paying Agent/Registrar substantially in the form provided in this
Ordinance, duly authenticated by manual execution of the Paying Agent/Registrar. It shall not be
required that the same authorized representative of the Paying Agent/Registrar sign the Certificate
of Paying Agent/Registrar on all of the Bonds. In lieu of the executed Certificate of Paying
Agent/Registrar described above, the Initial Bond delivered on the closing date shall have attached
thereto the Comptroller's Registration Certificate substantially in the form provided in this
Ordinance, manually executed by the Comptroller of Public Accounts of the State of Texas or by
his duly authorized agent, which certificate shall be evidence that the Initial Bond has been duly
approved by the Attorney General of the State of Texas and that it is a valid and binding obligation
of the Issuer, and has been registered by the Comptroller.
(f) Book-Entry Only System. The Bonds issued in exchange for the Bond initially issued
to the initial purchaser specified herein shall be initially issued in the form of a separate single fully
registered Bond for each of the maturities thereof. Upon initial issuance, the ownership of each such
Bond shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company,
New York, New York ("DTC"), and except as provided in subsection (f) hereof, all of the
outstanding Bonds shall be registered in the name of Cede & Co., as nominee of DTC.
With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the Issuer
and the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers
and dealers, banks, trust companies, clearing corporations and certain other organizations on whose
behalf DTC was created ("DTC Participant") to hold securities to facilitate the clearance and
settlement of securities transactions among DTC Participants or to any person on behalf of whom
such a DTC Participant holds an interest in the Bonds. Without limiting the immediately preceding
sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with
respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect
to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person,
other than a Registered Owner of Bonds, as shown on the Registration Books, of any notice with
respect to the Bonds, or (iii) the payment to any DTC Participant or any other person, other than a
Registered Owner of Bonds, as shown in the Registration Books of any amount with respect to
principal of or interest on the Bonds. Notwithstanding any other provision of this Ordinance to the
contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and consider the person
in whose name each Bond is registered in the Registration Books as the absolute owner of such
Bond for the purpose of payment of principal and interest with respect to such Bond, for the purpose
of registering transfers with respect to such Bond, and for all other purposes whatsoever. The
Paying Agent/Registrar shall pay all principal of and interest on the Bonds only to or upon the order
of the Registered Owners, as shown in the Registration Books as provided in this Ordinance, or their
respective attorneys duly authorized in writing, and all such payments shall be valid and effective
to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of and
interest on the Bonds to the extent of the sum or sums so paid. No person other than a Registered
Owner, as shown in the Registration Books, shall receive a Bond evidencing the obligation of the
Issuer to make payments of principal and interest pursuant to this Ordinance. Upon delivery by
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DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance
with respect to interest checks being mailed to the Registered Owner at the close of business on the
Record date, the words "Cede & Co." in this Ordinance shall refer to such new nominee of DTC.
The previous execution and delivery of the Blanket Letter of Representations with respect
to obligations of the Issuer is hereby ratified and confirmed; and the provisions thereof shall be fully
applicable to the Bonds.
(g) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the
event that the Issuer determines that DTC is incapable of discharging its responsibilities described
herein and in the representations letter of the Issuer to DTC or that it is in the best interest of the
beneficial owners of the Bonds that they be able to obtain certificated Bonds, the Issuer shall (i)
appoint a successor securities depository, qualified to act as such under Section 17A of the Securities
and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of
such successor securities depository and transfer one or more separate Bonds to such successor
securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of
Bonds and transfer one or more separate certificated Bonds to DTC Participants having Bonds
credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to being
registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be
registered in the name of the successor securities depository, or its nominee, or in whatever name
or names Registered Owners transferring or exchanging Bonds shall designate, in accordance with
the provisions of this Ordinance.
(h) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the
contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all
payments with respect to principal of and interest on such Bond and all notices with respect to such
Bond shall be made and given, respectively, in the manner provided in the representations letter of
the Issuer to DTC.
(i) Cancellation of Initial Bond. On the closing date, one initial Bond representing the entire
principal amount of the Bonds, payable in stated installments to the purchaser designated in Section
10 or its designee, executed by manual or facsimile signature of the Mayor and Town Secretary of
the Issuer, approved by the Attorney General of Texas, and registered and manually signed by the
Comptroller of Public Accounts of the State of Texas, will be delivered to such purchaser or its
designee. Upon payment for the initial Bond, the Paying Agent/Registrar shall cancel the initial
Bond and deliver to the Depository Trust Company on behalf of such purchaser one registered
definitive Bond for each year of maturity of the Bonds, in the aggregate principal amount of all of
the Bonds for such maturity.
Section 4. FORM OF BONDS. The form of the Bonds, including the form of Paying
Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration
Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Bonds
initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as
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follows, with such appropriate variations, omissions or insertions as are permitted or required by this
Ordinance.
(a) Form of Bond.
NO. R-UNITED STATES OF AMERICA
STATE OF TEXAS
PRINCIPAL
AMOUNT
$_________
TOWN OF PROSPER, TEXAS
GENERAL OBLIGATION BOND
SERIES 2019
Interest
Rate
Date of Initial
Delivery
Maturity
Date CUSIP No.
July 25, 2019 February 15, ____
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
ON THE MATURITY DATE specified above, the Town of Prosper, in Collin and Denton
Counties, Texas (the "Issuer"), being a political subdivision and municipal corporation of the State
of Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns
(hereinafter called the "Registered Owner"), on the Maturity Date specified above or the date of
redemption prior to maturity, the Principal Amount specified above. The Issuer promises to pay
interest on the unpaid principal amount hereof (calculated on the basis of a 360-day year of twelve
30-day months) from the Date of Initial Delivery, as shown above, at the Interest Rate per annum
specified above. Interest is payable on February 15, 2020 and semiannually on each August 15 and
February 15 thereafter to the Maturity Date specified above; except, if this Bond is required to be
authenticated and the date of its authentication is later than the first Record Date (hereinafter
defined), such Principal Amount shall bear interest from the interest payment date next preceding
the date of authentication, unless such date of authentication is after any Record Date but on or
before the next following interest payment date, in which case such principal amount shall bear
interest from such next following interest payment date; provided, however, that if on the date of
authentication hereof the interest on the Bond or Bonds, if any, for which this Bond is being
exchanged is due but has not been paid, then this Bond shall bear interest from the date to which
such interest has been paid in full.
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the
United States of America, without exchange or collection charges. The principal of this Bond shall
be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity, or
upon the date fixed for its redemption prior to maturity, at the designated corporate trust office of
U.S. Bank National Association, in Dallas, Texas, which is the "Paying Agent/Registrar" for this
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Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the
registered owner hereof on each interest payment date by check or draft, dated as of such interest
payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer
required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be on
deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check
or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage
prepaid, on each such interest payment date, to the registered owner hereof, at its address as it
appeared on the last business day of the month preceding each such date (the "Record Date") on the
Registration Books kept by the Paying Agent/Registrar, as hereinafter described. In addition,
interest may be paid by such other method, acceptable to the Paying Agent/Registrar, requested by,
and at the risk and expense of, the registered owner. In the event of a non-payment of interest on
a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment
(a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for
the payment of such interest have been received from the Issuer. Notice of the Special Record Date
and of the scheduled payment date of the past due interest (which shall be 15 days after the Special
Record Date) shall be sent at least five business days prior to the Special Record Date by United
States mail, first-class postage prepaid, to the address of each owner of a Bond appearing on the
Registration Books at the close of business on the last business day next preceding the date of
mailing of such notice.
ANY ACCRUED INTEREST due at maturity of this Bond prior to maturity as provided
herein shall be paid to the registered owner upon presentation and surrender of this Bond for
payment at the designated corporate trust office of the Paying Agent/Registrar. The Issuer covenants
with the registered owner of this Bond that on or before each principal payment date, interest
payment date, and accrued interest payment date for this Bond it will make available to the Paying
Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts
required to provide for the payment, in immediately available funds, of all principal of and interest
on the Bonds, when due.
IF THE DATE for the payment of the principal of or interest on this Bond shall be a
Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the
designated corporate trust office of the Paying Agent/Registrar is located are authorized by law or
executive order to close, then the date for such payment shall be the next succeeding day that is not
such a Saturday, Sunday, legal holiday or day on which banking institutions are authorized to close;
and payment on such date shall have the same force and effect as if made on the original date
payment was due.
THIS BOND is one of a series of Bonds dated June 15, 2019, authorized in accordance with
the Constitution and laws of the State of Texas in the principal amount of $4,090,000 for the purpose
of providing funds for the construction and equipment of public improvements in the Issuer as
described in the Bond Ordinance.
THE BONDS OF THIS SERIES maturing on February 15 in the years ____________ are
subject to mandatory redemption prior to maturity in part at random, by lot or other customary
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method selected by the Paying Agent/Registrar, at par plus accrued interest to the redemption date,
and without premium, with funds on deposit in the Interest and Sinking Fund. Such Bonds shall be
redeemed by the Paying Agent/Registrar on February 15 in each of the years and in the principal
amounts, respectively, as are set forth in the following schedule:
Bonds Maturing
February 15, 20
Bonds Maturing
February 15, 20
Year
Principal
Amount Year
Principal
Amount
*Final maturity of Bond.
The principal amount of the Bonds required to be redeemed pursuant to the operation of such
mandatory sinking fund shall be reduced by the principal amount of any Bonds which, at least 45
days prior to the mandatory sinking fund redemption date (i) shall have been purchased by the Issuer
and delivered to the Paying Agent/Registrar for cancellation or (ii) redeemed pursuant to the
optional redemption provision described below and not theretofore credited against a mandatory
sinking fund requirement.
IN ADDITION TO THE MANDATORY REDEMPTION provisions described above, the
Bonds of maturing on and after February 15, 2029 may be redeemed prior to their scheduled
maturities on any date on or after February 15, 2028, at the option of the Issuer, with funds derived
from any available and lawful source, as a whole, or in part, and, if in part, the particular Bonds, or
portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a
portion of a Bond may be redeemed only in an integral multiple of $5,000), at a redemption price
equal to the principal amount to be redeemed plus accrued interest to the date fixed for redemption.
AT LEAST 30 DAYS PRIOR to the date fixed for any redemption of Bonds or portions
thereof prior to maturity a written notice of such redemption shall be sent by the Paying
Agent/Registrar by United States mail, first-class postage prepaid, to the registered owner of each
Bond to be redeemed at its address as it appeared on the day such notice of redemption is mailed;
provided, however, that the failure of the registered owner to receive such notice, or any defect
therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the
proceedings for the redemption of any Bond. By the date fixed for any such redemption, due
provision shall be made with the Paying Agent/Registrar for the payment of the required redemption
price for the Bonds or portions thereof which are to be so redeemed. If such written notice of
redemption is sent and if due provision for such payment is made, all as provided above, the Bonds
or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed
prior to their scheduled maturities, and they shall not bear interest after the date fixed for
redemption, and they shall not be regarded as being outstanding except for the right of the registered
owner to receive the redemption price from the Paying Agent/Registrar out of the funds provided
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for such payment. If a portion of any Bond shall be redeemed a substitute Bond or Bonds having
the same maturity date, bearing interest at the same rate, in any denomination or denominations in
any integral multiple of $5,000, at the written request of the registered owner, and in aggregate
amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the
surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond
Ordinance.
ALL BONDS OF THIS SERIES are issuable solely as fully-registered Bonds, without
interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond
Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the Registered
Owner or the assignee or assignees hereof, be assigned, transferred and exchanged for a like
aggregate principal amount of fully-registered Bonds, without interest coupons, payable to the
appropriate Registered Owner, assignee or assignees, as the case may be, having the same
denomination or denominations in any integral multiple of $5,000 as requested in writing by the
appropriate Registered Owner, assignee or assignees, as the case may be, upon surrender of this
Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures
set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this
Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper
instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying
Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any
integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any
such portion or portions hereof is or are to be registered. The form of Assignment printed or
endorsed on this Bond may be executed by the Registered Owner to evidence the assignment hereof,
but such method is not exclusive, and other instruments of assignment satisfactory to the Paying
Agent/Registrar may be used to evidence the assignment of this Bond or any portion or portions
hereof from time to time by the Registered Owner. The Paying Agent/Registrar's reasonable
standard or customary fees and charges for transferring and exchanging any Bond or portion thereof
shall be paid by the Issuer, but any taxes or governmental charges required to be paid with respect
thereto shall be paid by the one requesting such assignment, transfer or exchange as a condition
precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be required to
make any such transfer or exchange with respect to Bonds (i) during the period commencing with
the close of business on any Record Date and ending with the opening of business on the next
following principal or interest payment date, or (ii) with respect to any Bond or any portion thereof
called for redemption prior to maturity, within 45 days prior to its redemption date.
ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without
interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond
Ordinance, this Bond may, at the request of the registered owner or the assignee or assignees hereof,
be assigned, transferred, converted into and exchanged for a like aggregate principal amount of fully
registered Bonds, without interest coupons, payable to the appropriate registered owner, assignee
or assignees, as the case may be, having the same denomination or denominations in any integral
multiple of $5,000 as requested in writing by the appropriate registered owner, assignee or
assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for
cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance.
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Among other requirements for such assignment and transfer, this Bond must be presented and
surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form
and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment
of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or
assignees in whose name or names this Bond or any such portion or portions hereof is or are to be
registered. The form of Assignment printed or endorsed on this Bond may be executed by the
registered owner to evidence the assignment hereof, but such method is not exclusive, and other
instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the
assignment of this Bond or any portion or portions hereof from time to time by the registered owner.
The Paying Agent/Registrar's reasonable standard or customary fees and charges for assigning,
transferring, converting and exchanging any Bond or portion thereof will be paid by the Issuer. In
any circumstance, any taxes or governmental charges required to be paid with respect thereto shall
be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition
precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be required to
make any such transfer, conversion, or exchange during the period commencing with the close of
business on any Record Date and ending with the opening of business on the next following
principal or interest payment date.
IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns,
or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly
will appoint a competent and legally qualified substitute therefor, and cause written notice thereof
to be mailed to the registered owners of the Bonds.
IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly
authorized, issued and delivered; that all acts, conditions and things required or proper to be
performed, exist and be done precedent to or in the authorization, issuance and delivery of this Bond
have been performed, existed and been done in accordance with law; and that annual ad valorem
taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such
interest comes due and such principal matures, have been levied and ordered to be levied against all
taxable property in said Issuer, and have been pledged for such payment, within the limit prescribed
by law.
THE ISSUER HAS RESERVED THE RIGHT to amend the Bond Ordinance as provided
therein, and under some (but not all) circumstances amendments thereto must be approved by the
registered owners of a majority in aggregate principal amount of the outstanding Bonds.
BY BECOMING the registered owner of this Bond, the registered owner thereby
acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such
terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for
inspection in the official minutes and records of the governing body of the Issuer, and agrees that
the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each
registered owner hereof and the Issuer.
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IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or
facsimile signature of the Mayor of the Issuer (or in the Mayor's absence, by the Mayor Pro-Tem)
and countersigned with the manual or facsimile signature of the Town Secretary of the Issuer, and
has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond.
(signature)(signature)
Town Secretary Mayor
(SEAL)
(b) Form of Paying Agent/Registrar's Authentication Certificate.
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Bond is not accompanied by an executed Registration
Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Bond has been issued under the provisions of the Bond
Ordinance described in the text of this Bond; and that this Bond has been issued in conversion or
replacement of, or in exchange for, a Bond, Bonds, or a portion of a Bond or Bonds of a series that
originally was approved by the Attorney General of the State of Texas and registered by the
Comptroller of Public Accounts of the State of Texas.
Dated: __________________.U.S. Bank National Association
Dallas, Texas
Paying Agent/Registrar
By:______________________________
Authorized Representative
(c) Form of Assignment.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
Please insert Social Security or Taxpayer Identification Number of Transferee:
Please print or typewrite name and address, including zip code of Transferee:
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the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
, attorney, to register the transfer of the
within Bond on the books kept for registration thereof, with full power of substitution in the
premises.
Dated: __________________.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by
an eligible guarantor institution participating in
a securities transfer association recognized
signature guarantee program.
NOTICE: The signature above must correspond
with the name of the Registered Owner as it
appears upon the front of this Bond in every
particular, without alteration or enlargement or
any change whatsoever.
(d) Form of Registration Certificate of the Comptroller of Public Accounts.
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. _____________
I hereby certify that this Bond has been examined, certified as to validity and approved by
the Attorney General of the State of Texas, and that this Bond has been registered by the
Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this __________________.
__________________________________________
Comptroller of Public Accounts of the State of Texas
(COMPTROLLER'S SEAL)
(e) Initial Bond Insertions.
(i) The initial Bond shall be in the form set forth is paragraph (a) of this Section,
except that:
A. immediately under the name of the Bond, the headings "Interest Rate" and
"Maturity Date" shall both be completed with the words "As shown below" and
"CUSIP No. _____" shall be deleted.
B. the first paragraph shall be deleted and the following will be inserted:
"THE TOWN OF PROSPER, TEXAS, in Collin and Denton Counties, Texas (the "Issuer"),
being a political subdivision and municipal corporation of the State of Texas, hereby promises to
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pay to the Registered Owner specified above, or registered assigns (hereinafter called the
"Registered Owner"), on February 15 in each of the years, in the principal installments and bearing
interest at the per annum rates set forth in the following schedule:
Years
Principal
Installments
Interest
Rates Years
Principal
Installments
Interest
Rates
The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis
of a 360-day year of twelve 30-day months) from the Date of Initial Delivery, as shown above, at
the respective Interest Rate per annum specified above. Interest is payable on February 15, 2020,
and semiannually on each August 15 and February 15 thereafter to the date of payment of the
principal installment specified above or the date of redemption prior to maturity; except, that if this
Bond is required to be authenticated and the date of its authentication is later than the first Record
Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment date
next preceding the date of authentication, unless such date of authentication is after any Record Date
but on or before the next following interest payment date, in which case such principal amount shall
bear interest from such next following interest payment date; provided, however, that if on the date
of authentication hereof the interest on the Bond or Bonds, if any, for which this Bond is being
exchanged is due but has not been paid, then this Bond shall bear interest from the date to which
such interest has been paid in full."
C. The Initial Bond shall be numbered "T-1."
Section 5. INTEREST AND SINKING FUND.
(a) A special "Interest and Sinking Fund" is hereby created and shall be established and
maintained by the Issuer at an official depository bank of said Issuer. Said Interest and Sinking
Fund shall be kept separate and apart from all other funds and accounts of said Issuer, and shall be
used only for paying the interest on and principal of said Bonds. All amounts received from the sale
of the Bonds as accrued interest, if any, shall be deposited upon receipt to the Interest and Sinking
Fund, and all ad valorem taxes levied and collected for and on account of said Bonds shall be
deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any
of said Bonds are outstanding and unpaid, the governing body of said Issuer shall compute and
ascertain a rate and amount of ad valorem tax that will be sufficient to raise and produce the money
required to pay the interest on said Bonds as such interest comes due, and to provide and maintain
a sinking fund adequate to pay the principal of said Bonds as such principal matures (but never less
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than 2% of the original amount of said Bonds as a sinking fund each year); and said tax shall be
based on the latest approved tax rolls of said Issuer, with full allowances being made for tax
delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby
levied, and is hereby ordered to be levied, against all taxable property in said Issuer, for each year
while any of said Bonds are outstanding and unpaid, and said tax shall be assessed and collected
each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad
valorem taxes sufficient to provide for the payment of the interest on and principal of said Bonds,
as such interest comes due and such principal matures, are hereby pledged for such payment, within
the limit prescribed by law. Notwithstanding the requirements of this subsection, if lawfully
available moneys of the Issuer are actually on deposit in the Interest and Sinking Fund in advance
of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes
that otherwise would have been required to be levied pursuant to this Section may be reduced to the
extent and by the amount of the lawfully available funds then on deposit in the Interest and Sinking
Fund.
(b) Chapter 1208, Government Code, applies to the issuance of the Bonds and the pledge
of the taxes granted by the Issuer under this Section, and is therefore valid, effective, and perfected.
Should Texas law be amended at any time while the Bonds are outstanding and unpaid, the result
of such amendment being that the pledge of the taxes granted by the Issuer under this Section is to
be subject to the filing requirements of Chapter 9, Business & Commerce Code, in order to preserve
to the registered owners of the Bonds a security interest in said pledge, the Issuer agrees to take such
measures as it determines are reasonable and necessary under Texas law to comply with the
applicable provisions of Chapter 9, Business & Commerce Code and enable a filing of a security
interest in said pledge to occur.
Section 6. DEFEASANCE OF BONDS.
(a) Any Bond and the interest thereon shall be deemed to be paid, retired and no longer
outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the extent
provided in subsection (d) of this Section, when payment of the principal of such Bond, plus interest
thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall
have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been
provided for on or before such due date by irrevocably depositing with or making available to the
Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future
Escrow Agreement") for such payment (1) lawful money of the United States of America sufficient
to make such payment or (2) Defeasance Securities that mature as to principal and interest in such
amounts and at such times as will insure the availability, without reinvestment, of sufficient money
to provide for such payment, and when proper arrangements have been made by the Issuer with the
Paying Agent/Registrar for the payment of its services until all Defeased Bonds shall have become
due and payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as
aforesaid, such Bond and the interest thereon shall no longer be secured by, payable from, or entitled
to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and
such principal and interest shall be payable solely from such money or Defeasance Securities, and
thereafter the Issuer will have no further responsibility with respect to amounts available to the
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Paying Agent/Registrar (or other financial institution permitted by applicable law) for the payment
of such Defeased Bonds, including any insufficiency therein caused by the failure of the Paying
Agent/Registrar (or other financial institution permitted by applicable law) to receive payment when
due on the Defeasance Securities. Notwithstanding any other provision of this Ordinance to the
contrary, it is hereby provided that any determination not to redeem Defeased Bonds that is made
in conjunction with the payment arrangements specified in subsection 6(a)(i) or (ii) shall not be
irrevocable, provided that: (1) in the proceedings providing for such payment arrangements, the
Issuer expressly reserves the right to call the Defeased Bonds for redemption; (2) gives notice of the
reservation of that right to the owners of the Defeased Bonds immediately following the making of
the payment arrangements; and (3) directs that notice of the reservation be included in any
redemption notices that it authorizes.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction
of the Issuer be invested in Defeasance Securities, maturing in the amounts and times as
hereinbefore set forth, and all income from such Defeasance Securities received by the Paying
Agent/Registrar that is not required for the payment of the Bonds and interest thereon, with respect
to which such money has been so deposited, shall be turned over to the Issuer, or deposited as
directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money
and/or Defeasance Securities are held for the payment of Defeased Bonds may contain provisions
permitting the investment or reinvestment of such moneys in Defeasance Securities or the
substitution of other Defeasance Securities upon the satisfaction of the requirements specified in
Subsection (a)(i) or (ii) of this Section. All income from such Defeasance Securities received by
the Paying Agent/Registrar which is not required for the payment of the Defeased Bonds, with
respect to which such money has been so deposited, shall be remitted to the Issuer or deposited as
directed in writing by the Issuer.
(c) The term "Defeasance Securities" means any securities and obligations now or hereafter
authorized by State law that are eligible to refund, retire or otherwise discharge obligations such as
the Bonds.
(d) Until all Defeased Bonds shall have become due and payable, the Paying
Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bonds the
same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and
pay for such services as required by this Ordinance.
(e) In the event that the Issuer elects to defease less than all of the principal amount of Bonds
of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount of Bonds
by such random method as it deems fair and appropriate.
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Section 7. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS.
(a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost,
stolen or destroyed, the Paying Agent/Registrar shall cause to be printed, executed and delivered,
a new Bond of the same principal amount, maturity and interest rate, as the damaged, mutilated, lost,
stolen or destroyed Bond, in replacement for such Bond in the manner hereinafter provided.
(b) Application for Replacement Bonds. Application for replacement of damaged,
mutilated, lost, stolen or destroyed Bonds shall be made by the registered owner thereof to the
Paying Agent/Registrar. In every case of loss, theft or destruction of a Bond, the registered owner
applying for a replacement Bond shall furnish to the Issuer and to the Paying Agent/Registrar such
security or indemnity as may be required by them to save each of them harmless from any loss or
damage with respect thereto. Also, in every case of loss, theft or destruction of a Bond, the
registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their
satisfaction of the loss, theft or destruction of such Bond, as the case may be. In every case of
damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar
for cancellation the Bond so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the
event any such Bond shall have matured, and no default has occurred that is then continuing in the
payment of the principal of, redemption premium, if any, or interest on the Bond, the Issuer may
authorize the payment of the same (without surrender thereof except in the case of a damaged or
mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished
as above provided in this Section.
(d) Charge for Issuing Replacement Bonds. Prior to the issuance of any replacement Bond,
the Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing,
and other expenses in connection therewith. Every replacement Bond issued pursuant to the
provisions of this Section by virtue of the fact that any Bond is lost, stolen or destroyed shall
constitute a contractual obligation of the Issuer whether or not the lost, stolen or destroyed Bond
shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of
this Ordinance equally and proportionately with any and all other Bonds duly issued under this
Ordinance.
(e) Authority for Issuing Replacement Bonds. In accordance with Sec. 1206.022,
Government Code, this Section 7 of this Ordinance shall constitute authority for the issuance of any
such replacement Bond without necessity of further action by the governing body of the Issuer or
any other body or person, and the duty of the replacement of such Bonds is hereby authorized and
imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and
deliver such Bonds in the form and manner and with the effect, as provided in Section 3(a) of this
Ordinance for Bonds issued in conversion and exchange for other Bonds.
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Section 8. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND
COUNSEL'S OPINION; CUSIP NUMBERS; ENGAGEMENT OF BOND COUNSEL.
(a) The Mayor of the Issuer is hereby authorized to have control of the Bonds initially issued
and delivered hereunder and all necessary records and proceedings pertaining to the Bonds pending
their delivery and their investigation, examination, and approval by the Attorney General of the State
of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon
registration of the Bonds said Comptroller of Public Accounts (or a deputy designated in writing to
act for said Comptroller) shall manually sign the Comptroller's Registration Certificate attached to
such Bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such
Bond. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers
may, at the option of the Issuer, be printed on the Bonds issued and delivered under this Ordinance,
but neither shall have any legal effect, and shall be solely for the convenience and information of
the registered owners of the Bonds.
(b) The obligation of the initial purchaser to accept delivery of the Bonds is subject to the
initial purchaser being furnished with the final, approving opinion of McCall, Parkhurst & Horton
L.L.P., bond counsel to the Issuer, which opinion shall be dated as of and delivered on the date of
initial delivery of the Bonds to the initial purchaser. The engagement of such firm as bond counsel
to the Issuer in connection with issuance, sale and delivery of the Bonds is hereby approved and
confirmed. The execution and delivery of an engagement letter between the Issuer and such firm,
with respect to such services as bond counsel, is hereby authorized in such form as may be approved
by the Mayor, and the Mayor is hereby authorized to execute such engagement letter.
Section 9. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE
BONDS.
(a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain from
any action that would adversely affect, the treatment of the Bonds as obligations described in section
103 of the Code, the interest on which is not includable in the "gross income" of the holder for
purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows:
(1) to take any action to assure that no more than 10 percent of the proceeds of the
Bonds (less amounts deposited to a reserve fund, if any) are used for any "private business
use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds
or the projects financed by the Bonds or the Refunded Obligations are so used, such
amounts, whether or not received by the Issuer, with respect to such private business use, do
not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly,
secure or provide for the payment of more than 10 percent of the debt service on the Bonds,
in contravention of section 141(b)(2) of the Code;
(2) to take any action to assure that in the event that the "private business use"
described in subsection (1) hereof exceeds 5 percent of the proceeds of the Bonds or the
projects financed therewith (less amounts deposited into a reserve fund, if any) then the
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amount in excess of 5 percent is used for a "private business use" that is "related" and not
"disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental
use;
(3) to take any action to assure that no amount that is greater than the lesser of
$5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve
fund, if any) is directly or indirectly used to finance loans to persons, other than state or local
governmental units, in contravention of section 141(c) of the Code;
(4) to refrain from taking any action that would otherwise result in the Bonds being
treated as "private activity bonds" within the meaning of section 141(b) of the Code;
(5) to refrain from taking any action that would result in the Bonds being "federally
guaranteed" within the meaning of section 149(b) of the Code;
(6) to refrain from using any portion of the proceeds of the Bonds, directly or
indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire
investment property (as defined in section 148(b)(2) of the Code) that produces a materially
higher yield over the term of the Bonds, other than investment property acquired with –
(A) proceeds of the Bonds invested for a reasonable temporary period of 3
years or less or, in the case of a refunding bond, for a period of 90 days or less until
such proceeds are needed for the purpose for which the bonds are issued,
(B) amounts invested in a bona fide debt service fund, within the meaning
of section 1.148-1(b) of the Treasury Regulations, and
(C) amounts deposited in any reasonably required reserve or replacement
fund to the extent such amounts do not exceed 10 percent of the proceeds of the
Bonds;
(7) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as
proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene
the requirements of section 148 of the Code (relating to arbitrage);
(8) to refrain from using the proceeds of the Bonds or proceeds of any prior bonds
to pay debt service on another issue more than 90 days after the date of issue of the Bonds
in contravention of the requirements of section 149(d) of the Code (relating to advance
refundings); and
(9) to pay to the United States of America at least once during each five-year period
(beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent
of the "Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the
United States of America, not later than 60 days after the Bonds have been paid in full, 100
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percent of the amount then required to be paid as a result of Excess Earnings under section
148(f) of the Code.
(b) Rebate Fund. In order to facilitate compliance with the above covenant (a)(8), a "Rebate
Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and
such Fund shall not be subject to the claim of any other person, including without limitation the
Bondholders. The Rebate Fund is established for the additional purpose of compliance with section
148 of the Code.
(c) Use of Proceeds. For purposes of the foregoing covenants (a)(1) and (a)(2), the Issuer
understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury
Regulations and, in the case of the Bonds, transferred proceeds (if any) and proceeds of the
Refunded Obligations expended prior to the date of issuance of the Bonds. It is the understanding
of the Issuer that the covenants contained herein are intended to assure compliance with the Code
and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto.
In the event that regulations or rulings are hereafter promulgated that modify or expand provisions
of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant
contained herein to the extent that such failure to comply, in the opinion of nationally recognized
bond counsel, will not adversely affect the exemption from federal income taxation of interest on
the Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter
promulgated that impose additional requirements applicable to the Bonds, the Issuer agrees to
comply with the additional requirements to the extent necessary, in the opinion of nationally
recognized bond counsel, to preserve the exemption from federal income taxation of interest on the
Bonds under section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes
and directs the Mayor or the Finance Director to execute any documents, certificates or reports
required by the Code and to make such elections, on behalf of the Issuer, that may be permitted by
the Code as are consistent with the purpose for the issuance of the Bonds.
(d) Disposition of Projects. The Issuer covenants that the Projects will not be sold or
otherwise disposed of in a transaction resulting in the receipt by the Issuer of cash or other
compensation, unless any action taken in connection with such disposition will not adversely affect
the tax-exempt status of the Bonds. For purpose of the foregoing, the Issuer may rely on an opinion
of nationally-recognized bond counsel that the action taken in connection with such sale or other
disposition will not adversely affect the tax-exempt status of the Bonds. For purposes of the
foregoing, the portion of the property comprising personal property and disposed in the ordinary
course shall not be treated as a transaction resulting in the receipt of cash or other compensation.
For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an
opinion that such failure to comply will not adversely affect the excludability for federal income tax
purposes from gross income of the interest..
(e) Allocation of Bond Proceeds. The Issuer covenants to account for the expenditure of sale
proceeds and investment earnings to be used for the construction and acquisition of the Project on
its books and records by allocating proceeds to expenditures within 18 months of the later of the date
that (1) the expenditure is made, or (2) the Project is completed. The foregoing notwithstanding, the
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Issuer shall not expend proceeds of the sale of the Bonds or investment earnings thereon more than
60 days after the earlier of (1) the fifth anniversary of the delivery of the Bonds, or (2) the date the
Bonds are retired, unless the Issuer obtains an opinion of nationally-recognized bond counsel that
such expenditure will not adversely affect the status, for federal income tax purposes, of the Bonds
or the interest thereon. For purposes hereof, the Issuer shall not be obligated to comply with this
covenant if it obtains an opinion that such failure to comply will not adversely affect the
excludability for federal income tax purposes from gross income of the interest.
Section 10. SALE OF BONDS AND APPROVAL OF OFFICIAL STATEMENT;
APPLICATION OF PROCEEDS; FURTHER PROCEDURES.
(a) The Bonds are hereby sold and shall be delivered to _____________ (the "Purchaser"),
at a price of $__________, representing the par amount of $__________, plus a net premium of
$__________. The Bonds shall initially be registered in the name of the Purchaser.
(b) It is hereby officially found, determined and declared that the Bonds have been sold
at public sale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to
an Official Notice of Sale and Bidding Instructions. It is further officially found, determined and
declared that the Bonds have been offered pursuant to a Preliminary Official Statement dated June
__, 2019, prepared and distributed in connection with the sale of the Bonds. Said Preliminary
Official Statement, the Official Statement dated June 25, 2019, and any addenda, supplement or
amendment thereto, have been and are hereby approved by the governing body of the Issuer, and
its use in the offer and sale of the Bonds is hereby approved. It is further officially found,
determined and declared that the statements and representations contained in said Official Statement
are true and correct in all material respects, to the best knowledge and belief of the Town Council.
(c) The net premium received from the sale of the Bonds, in the amount of $__________,
shall be applied as follows: the amount of (i) $__________ shall be deposited to the construction
fund (for a total deposit thereto of $__________) of the Issuer to be used for the construction of the
projects financed with the Bonds (collectively, the "Project"), (ii) $__________ shall be applied to
pay the costs of issuance of the Bonds and (iii) $__________ shall be deposited to the Interest and
Sinking Fund for the Bonds.
(d) The Mayor, Town Manager, Finance Director, Executive Director of Administrative
Services and Town Secretary and all other officers, employees and agents of the Issuer, and each
of them, shall be and they are hereby expressly authorized, empowered and directed from time to
time and at any time to do and perform all such acts and things and to execute, acknowledge and
deliver in the name and on behalf of the Issuer a Paying Agent/Registrar Agreement with the Paying
Agent/Registrar and all other instruments, whether or not herein mentioned, as may be necessary
or desirable in order to carry out the terms and provisions of this Ordinance, the Bonds, the sale of
the Bonds and the Official Statement. In case any officer whose signature shall appear on any Bond
shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be
valid and sufficient for all purposes the same as if such officer had remained in office until such
delivery.
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Section 11. DEFAULT AND REMEDIES
(a) Events of Default. Each of the following occurrences or events for the purpose of this
Ordinance is hereby declared to be an Event of Default:
(i) the failure to make payment of the principal of or interest on any of the Bonds
when the same becomes due and payable; or
(ii) default in the performance or observance of any other covenant, agreement or
obligation of the Issuer, the failure to perform which materially, adversely affects the rights
of the registered owners of the Bonds, including, but not limited to, their prospect or ability
to be repaid in accordance with this Ordinance, and the continuation thereof for a period of
60 days after notice of such default is given by any Registered Owner to the Issuer.
(b) Remedies for Default.
(i) Upon the happening of any Event of Default, then and in every case, any
Registered Owner or an authorized representative thereof, including, but not limited to, a
trustee or trustees therefor, may proceed against the Issuer for the purpose of protecting and
enforcing the rights of the Registered Owners under this Ordinance, by mandamus or other
suit, action or special proceeding in equity or at law, in any court of competent jurisdiction,
for any relief permitted by law, including the specific performance of any covenant or
agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or
in violation of any right of the Registered Owners hereunder or any combination of such
remedies.
(ii) It is provided that all such proceedings shall be instituted and maintained for the
equal benefit of all Registered Owners of Bonds then outstanding.
(c) Remedies Not Exclusive.
(i) No remedy herein conferred or reserved is intended to be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and shall
be in addition to every other remedy given hereunder or under the Bonds or now or hereafter
existing at law or in equity; provided, however, that notwithstanding any other provision of
this Ordinance, the right to accelerate the debt evidenced by the Bonds shall not be available
as a remedy under this Ordinance.
(ii) The exercise of any remedy herein conferred or reserved shall not be deemed a
waiver of any other available remedy.
(iii) By accepting the delivery of a Bond authorized under this Ordinance, such
Registered Owner agrees that the certifications required to effectuate any covenants or
representations contained in this Ordinance do not and shall never constitute or give rise to
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a personal or pecuniary liability or charge against the officers, employees or councilmembers
of the Issuer.
Section 12. COMPLIANCE WITH RULE 15c2-12.
(a) Definitions. As used in this Section, the following terms have the meanings ascribed to
such terms below:
"Financial Obligation" means a (a) debt obligation; (b) derivative instrument entered into in
connection with, or pledged as security or a source of payment for, an existing or planned debt
obligation; or (c) guarantee of a debt obligation or any such derivative instrument; provided that
"financial obligation" shall not include municipal securities as to which a final official statement (as
defined in the Rule) has been provided to the MSRB consistent with the Rule.
"MSRB" means the Municipal Securities Rulemaking Board.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
(b) Annual Reports. (i) The Issuer shall provide annually to the MSRB, in the electronic
format prescribed by the MSRB, financial information and operating data with respect to the Issuer
of the general type included in the final Official Statement authorized by this Ordinance, being the
financial information and operating data with respect to the District of the general type included in
this Official Statement in Tables 1 through 5 and Tables 7 through 14 (the "Annual Operating
Report"). The Issuer will additionally provide financial statements of the Issuer (the "Financial
Statements”), that will be (A) prepared in accordance with the accounting principles described in
the notes to the financial statements that are attached to the Official Statement as Appendix B, or
such other accounting principles as the Issuer may be required to employ from time to time pursuant
to state law or regulation, and shall be in substantially the form included in the final Official
Statement and (B) audited, if the Issuer commissions an audit of such Financial Statements and the
audit is completed within the period during which they must be provided. The Issuer will update
and provide the Annual Operating Report within six months after the end of each fiscal year and the
Financial Statements within 12 months of the end of each fiscal year, in each case beginning with
the fiscal year ending in and after 2019. The Issuer may provide the Financial Statements earlier,
including at the time it provides its Annual Operating Report, but if the audit of such Financial
Statements is not complete within 12 months after any such fiscal year end, then the Issuer shall file
unaudited Financial Statements within such 12-month period and audited Financial Statements for
the applicable fiscal year, when and if the audit report on such Financial Statements becomes
available.
(ii) If the Issuer changes its fiscal year, it will notify the MSRB of the change (and of the
date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be
required to provide financial information and operating data pursuant to this Section. The financial
information and operating data to be provided pursuant to this Section may be set forth in full in one
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or more documents or may be included by specific reference to any documents available to the
public on the MSRB's internet website or filed with the SEC.
(iii) Event Notices. The Issuer shall notify the MSRB, in a timely manner not in excess of
ten Business Days after the occurrence of the event, of any of the following events with respect to
the Bonds:
1. Principal and interest payment delinquencies;
2. Non-payment related defaults, if material;
3. Unscheduled draws on debt service reserves reflecting financial difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or
final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB)
or other material notices or determinations with respect to the tax status of the
Bonds, or other material events affecting the tax status of the Bonds;
7. Modifications to rights of holders of the Bonds, if material;
8. Bond calls, if material, and tender offers;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the Bonds, if
material;
11. Rating changes;
12. Bankruptcy, insolvency, receivership or similar event of the Issuer;
13. The consummation of a merger, consolidation, or acquisition involving the Issuer or
the sale of all or substantially all of the assets of the Issuer, other than in the ordinary
course of business, the entry into a definitive agreement to undertake such an action
or the termination of a definitive agreement relating to any such actions, other than
pursuant to its terms, if material; and
14. Appointment of a successor trustee or change in the name of the trustee, if material;
15. Incurrence of a Financial Obligation of the Issuer, if material, or agreement to
covenants, events of default, remedies, priority rights, or other similar terms of a
Financial Obligation of the Issuer, any of which affect security holders, if material;
and
16. Default, event of acceleration, termination event, modification of terms, or other
similar events under the terms of a Financial Obligation of the Issuer, any of which
reflect financial difficulties.
The Issuer shall notify the MSRB, in a timely manner, of any failure by the Issuer to provide
financial information or operating data in accordance with subsection (ii) of this Section by the time
required by subsection (ii). As used in clause (iii)12 above, the phrase "bankruptcy, insolvency,
receivership or similar event" means the appointment of a receiver, fiscal agent or similar officer
for the Issuer in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state
or federal law in which a court of governmental authority has assumed jurisdiction over substantially
all of the assets or business of the Issuer, or if jurisdiction has been assumed by leaving the Board
and officials or officers of the Issuer in possession but subject to the supervision and orders of a
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court or governmental authority, or the entry of an order confirming a plan of reorganization,
arrangement or liquidation by a court or governmental authority having supervision or jurisdiction
over substantially all of the assets or business of the Issuer.
(iv) Limitations, Disclaimers, and Amendments. (A) The Issuer shall be obligated to
observe and perform the covenants specified in this Section for so long as, but only for so long as,
the Issuer remains an "obligated person" with respect to the Bonds within the meaning of the Rule,
except that the Issuer in any event will give notice of any deposit made in accordance with this
Ordinance or applicable law that causes the Bonds no longer to be outstanding.
(B) The provisions of this Section are for the sole benefit of the registered owners and
beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any
benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer
undertakes to provide only the financial information, operating data, financial statements, and
notices which it has expressly agreed to provide pursuant to this Section and does not hereby
undertake to provide any other information that may be relevant or material to a complete
presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update
any information provided in accordance with this Section or otherwise, except as expressly provided
herein. The Issuer does not make any representation or warranty concerning such information or
its usefulness to a decision to invest in or sell Bonds at any future date.
(C) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE
REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER
PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART
FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON
ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND
REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF
ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR
SPECIFIC PERFORMANCE.
(D) No default by the Issuer in observing or performing its obligations under this Section
shall comprise a breach of or default under the Ordinance for purposes of any other provision of this
Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the Issuer under federal and state securities laws.
(E) The provisions of this Section may be amended by the Issuer from time to time to adapt
to changed circumstances that arise from a change in legal requirements, a change in law, or a
change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions
of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in
the primary offering of the Bonds in compliance with the Rule, taking into account any amendments
or interpretations of the Rule since such offering as well as such changed circumstances and (2)
either (a) the registered owners of a majority in aggregate principal amount (or any greater amount
required by any other provision of this Ordinance that authorizes such an amendment) of the
outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the Issuer
(such as nationally recognized bond counsel) determined that such amendment will not materially
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impair the interest of the registered owners and beneficial owners of the Bonds. If the Issuer so
amends the provisions of this Section, it shall include with any amended financial information or
operating data next provided in accordance with subsection (b) of this Section an explanation, in
narrative form, of the reason for the amendment and of the impact of any change in the type of
financial information or operating data so provided. The Issuer may also amend or repeal the
provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable
provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule
are invalid, but only if and to the extent that the provisions of this sentence would not prevent an
underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds.
Section 13. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend
this Ordinance subject to the following terms and conditions, to-wit:
(a) The Issuer may from time to time, without the consent of any holder, except as otherwise
required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure any
ambiguity, defect or omission in this Ordinance that does not materially adversely affect the interests
of the holders, (ii) grant additional rights or security for the benefit of the holders, (iii) add events
of default as shall not be inconsistent with the provisions of this Ordinance and that shall not
materially adversely affect the interests of the holders, (iv) qualify this Ordinance under the Trust
Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time
in effect, or (v) make such other provisions in regard to matters or questions arising under this
Ordinance as shall not be inconsistent with the provisions of this Ordinance and that shall not in the
opinion of the Issuer's Bond Counsel materially adversely affect the interests of the holders.
(b) Except as provided in paragraph (a) above, the holders of Bonds aggregating in principal
amount 51% of the aggregate principal amount of then outstanding Bonds that are the subject of a
proposed amendment shall have the right from time to time to approve any amendment hereto that
may be deemed necessary or desirable by the Issuer; provided, however, that without the consent
of 100% of the holders in aggregate principal amount of the then outstanding Bonds, nothing herein
contained shall permit or be construed to permit amendment of the terms and conditions of this
Ordinance or in any of the Bonds so as to:
(1) Make any change in the maturity of any of the outstanding Bonds;
(2) Reduce the rate of interest borne by any of the outstanding Bonds;
(3) Reduce the amount of the principal of, or redemption premium, if any, payable
on any outstanding Bonds;
(4) Modify the terms of payment of principal or of interest or redemption premium
on outstanding Bonds or any of them or impose any condition with respect to such
payment; or
(5) Change the minimum percentage of the principal amount of any series of Bonds
necessary for consent to such amendment.
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(c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the
Issuer shall send by U.S. mail to each registered owner of the affected Bonds a copy of the proposed
amendment and cause notice of the proposed amendment to be published at least once in a financial
publication published in The City of New York, New York or in the State of Texas. Such published
notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof
is on file at the office of the Issuer for inspection by all holders of such Bonds.
(d) Whenever at any time within one year from the date of publication of such notice the
Issuer shall receive an instrument or instruments executed by the holders of at least 51% in
aggregate principal amount of all of the Bonds then outstanding that are required for the amendment,
which instrument or instruments shall refer to the proposed amendment and that shall specifically
consent to and approve such amendment, the Issuer may adopt the amendment in substantially the
same form.
(e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this
Section, this Ordinance shall be deemed to be modified and amended in accordance with such
amendatory Ordinance, and the respective rights, duties, and obligations of the Issuer and all holders
of such affected Bonds shall thereafter be determined, exercised, and enforced, subject in all respects
to such amendment.
(f) Any consent given by the holder of a Bond pursuant to the provisions of this Section
shall be irrevocable for a period of six months from the date of the publication of the notice provided
for in this Section, and shall be conclusive and binding upon all future holders of the same Bond
during such period. Such consent may be revoked at any time after six months from the date of the
publication of said notice by the holder who gave such consent, or by a successor in title, by filing
notice with the Issuer, but such revocation shall not be effective if the holders of 51% in aggregate
principal amount of the affected Bonds then outstanding, have, prior to the attempted revocation,
consented to and approved the amendment.
For the purposes of establishing ownership of the Bonds, the Issuer shall rely solely upon
the registration of the ownership of such Bonds on the registration books kept by the Paying
Agent/Registrar.
Section 14. SEVERABILITY. If any section, article, paragraph, sentence, clause, phrase
or word in this Ordinance, or application thereof to any persons or circumstances is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the
remaining portion of this Ordinance, despite such invalidity, which remaining portions shall remain
in full force and effect.
Section 15. EFFECTIVE DATE. In accordance with the provisions of V.T.C.A.,
Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its
adoption by the Town Council.
28
Item 10
Section 16. APPROPRIATION. There is hereby appropriated for transfer into the Interest
and Sinking Fund, from available funds of the Issuer, moneys sufficient to pay the principal and
interest coming due on the Bonds on February 15, 2020.
29
Item 10
Page 1 of 2
First
To: Mayor and Town Council
From: Kelly Neal, CGFO, CPM, Finance Director
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 25, 2019
Agenda Item:
Consider and act upon all matters incident and related to the issuance and sale of Town of
Prosper, Texas, Combination Tax and Surplus Revenue Certificates of Obligation, Series 2019,
including the adoption of an ordinance authorizing the issuance of such Certificates, approving
an Official Statement, a Paying Agent/Registrar Agreement, and an engagement letter of Bond
Counsel.
Description of Agenda Item:
On May 14, 2019, the Town Council approved a resolution directing staff to publish notice of the
Town’s intent to issue Town of Prosper Combination Tax and Surplus Revenue Certificates of
Obligation. Proceeds from the sale of the Certificates will be used to fund:
•acquiring, constructing, installing and equipping additions, improvements, extensions and
equipment for the Town’s waterworks and sewer system;
•constructing, improving, extending, expanding, upgrading and developing streets and
roads and intersections including, utility relocation, landscaping, sidewalks, traffic safety
and operational improvements and the purchase of any necessary right-of-way and other
related costs;
•constructing, improving, extending, expanding, upgrading and developing parks and
recreation facilities, including fields, trails, utility relocation, landscaping, sidewalks and
operation improvement, installation of lighting, the purchase of any necessary rights-of-
way and other related costs;
•designing, constructing, improving and equipping public safety facilities in the Town,
including a police station and dispatch facility, and the acquisition of land and interests in
land as necessary for such purposes;
•paying the costs associated with the issuance of the Certificates; and
•paying legal, fiscal, engineering and architectural fees in connection with these projects.
Budget Impact:
If the Certificates of Obligation are approved, debt service payments would be funded from the
Debt Service Fund and Water/Wastewater Fund. As shown in Attachment 1, Hilltop Securities
Proposed Capital Improvement Plan and Series 2019 Issuances, it is anticipated that the increase
in Assessed Value would offset the additional debt service. The projected financing results target
an I&S rate of $0.1535.
Legal Obligations and Review:
Dan Culver, with McCall, Parkhurst & Horton L.L.P., serves as the Town’s Bond Counsel and
prepared the attached ordinance.
Prosper is a place where everyone matters.
FINANCE
Item 11
Page 2 of 2
Attached Documents:
1. Hilltop Securities Proposed Capital Improvement Plan and Series 2019 Issuances
2. Hilltop Securities Proposed Waterworks System Projects for Series 2019 Issuances
3. CIP Program 05/14 Final, highlighted projects related to the issuance of GO Bonds (pink)
4. Ordinance authorizing the issuance and sale of the Town of Prosper, Texas, Combination Tax
and Surplus Revenue Certificates of Obligation, Series 2019.
Town Staff Recommendation:
Staff recommends adoption of an ordinance authorizing the issuance and sale of Town of
Prosper, Texas, Combination Tax and Surplus Revenue Certificates of Obligation, Series 2019,
and approving all other matters related thereto.
Proposed Motion:
I move to adopt an ordinance authorizing the issuance and sale of Town of Prosper, Texas,
Combination Tax and Surplus Revenue Certificates of Obligation, Series 2019, and approving all
other matters incident thereto.
Item 11
Town of Prosper
Projected Tax-Backed Debt Service Tied to Five Year Capital Plan (Updated 6.10.2019)
Target Maximum I&S Tax Rate of $0.1525; Assumes Use of I&S Fund Balance in Select Years
Series Series Series Series Series Series 2019 FY 2019 LESS:% of
Taxable Outstanding 2018 2019 2020 2021 2022 Drainage Drainage PLUS:LESS:Effect of LESS:Combined Overall
Assessed Tax-Backed $16.94mm $18.08mm $11.16mm $1.91mm $1.40mm No D/S Payment Paying Agent Use of Fund Freeze Earned Net I&S Tax $0.52 Total
FYE Valuation (1)Debt Service (2)Proceeds (3)Proceeds (3)Proceeds (3)Proceeds (3)Proceeds (3)Issue by I&S (3)Fees Balance Revenue (4)Interest Total P+I Rate (5)Tax Rate
2019 3,672,644,937$ 4,256,745$ 1,674,106$ 249,588$ 10,050$ 225,000$ 361,195$ 38,500$ 5,565,793$ 0.1525$ 29.3%
2020 4,388,810,700 4,424,110 898,025 1,871,742$ -$ 20,000 - 432,534 45,000 6,736,342 0.1535 29.5%
2021 4,739,915,556 4,575,495 899,575 994,250 660,333$ - 20,200 587,000 432,534 45,000 6,085,319 0.1284 24.7%
2022 5,119,108,800 4,318,140 1,169,975 995,050 907,250 113,167$ - 20,400 427,000 432,534 45,000 6,619,448 0.1293 24.9%
2023 5,323,873,152 4,362,478 1,161,750 1,004,850 914,125 97,000 79,354$ - 20,600 248,000 432,534 45,000 6,914,623 0.1299 25.0%
2024 5,536,828,078 4,720,686 1,160,000 905,650 914,875 97,000 73,250 - 20,800 300,000 432,534 45,000 7,114,727 0.1285 24.7%
2025 5,758,301,201 4,452,658 1,161,625 1,157,550 924,375 175,000 209,750 - 21,000 - 432,534 45,000 7,624,424 0.1324 25.5%
2026 5,931,050,237 4,904,426 1,166,375 1,163,250 927,500 93,000 76,000 - 21,200 - 432,534 45,000 7,874,217 0.1328 25.5%
2027 6,108,981,745 4,411,756 1,164,250 1,162,650 924,500 175,875 119,375 - 21,400 - 432,534 45,000 7,502,272 0.1228 23.6%
2028 6,292,251,197 4,401,575 1,165,250 1,160,850 925,375 176,500 121,500 - 21,600 - 432,534 45,000 7,495,116 0.1191 22.9%
2029 6,355,173,709 4,404,138 1,168,450 1,157,850 925,000 176,875 118,500 - 21,800 - 432,534 45,000 7,495,079 0.1179 22.7%
2030 6,418,725,446 3,478,700 1,169,150 1,162,925 928,250 177,000 120,375 - 22,000 - 432,534 45,000 6,580,866 0.1025 19.7%
2031 6,482,912,700 3,470,469 1,168,450 1,161,300 925,125 176,875 122,000 - 22,200 - 432,534 45,000 6,568,885 0.1013 19.5%
2032 6,547,741,827 3,475,494 1,160,500 1,158,925 925,625 176,500 118,500 - 22,400 - 432,534 45,000 6,560,410 0.1002 19.3%
2033 6,613,219,246 3,188,425 1,160,525 1,165,650 924,625 175,875 119,875 - 22,600 - 432,534 45,000 6,280,041 0.0950 18.3%
2034 6,679,351,438 2,898,863 1,159,131 1,161,475 927,000 175,000 121,000 - 22,800 - 432,534 45,000 5,987,735 0.0896 17.2%
2035 6,746,144,953 2,828,800 1,155,819 1,161,475 927,625 173,875 117,000 - 23,000 - 432,534 45,000 5,910,060 0.0876 16.8%
2036 6,813,606,402 1,898,800 1,160,703 1,160,575 926,500 177,375 117,875 - 23,200 - 432,534 45,000 4,987,494 0.0732 14.1%
2037 6,881,742,466 821,100 1,158,647 1,158,775 928,500 175,500 118,500 - 23,400 - 432,534 45,000 3,906,888 0.0568 10.9%
2038 6,950,559,891 1,159,781 1,161,000 923,625 178,250 118,875 - 23,600 - 432,534 45,000 3,087,597 0.0444 8.5%
2039 7,020,065,490 1,162,175 926,750 175,625 119,000 - 23,800 - 432,534 45,000 1,929,816 0.0275 5.3%
2040 7,090,266,145 927,625 177,625 118,875 24,000 - 432,534 45,000 770,591 0.0109 2.1%
2041 7,161,168,806 174,250 118,500 24,200 - 432,534 45,000 - - 0.0%
2042 7,232,780,494 117,875 24,400 - 432,534 45,000 - - 0.0%
71,292,855$ 23,242,087$ 23,187,967$ 18,214,583$ 3,218,167$ 2,345,979$ -$ 249,588$ 520,650$ 1,787,000$ 10,309,477$ 1,073,500$ 129,597,742$
(2) Debt service assumed to be repaid solely with I&S tax revenues. Repayment source may be changed from year to year.
(3) Debt service assumed to be repaid solely with I&S tax revenues. With the exception of Series 2018, based on projected rates; preliminary, subject to change.
(4) Estimated and for illustrative purposes only; assumed to remain constant. In years where the freeze revenue is greater than the debt service, debt service is assumed to equal zero. Preliminary, subject to change.
(5) FY 2019 I&S tax rate is actual. All others calculated based on 100.0% collections.
(1) FY 2019 based on values per Town Staff. Assumes the following growth rates per Town Staff: 19.5% in FY 2020, 8% in FY's 2021 and 2022, 4% in FY's 2023-2025, 3% in FY's 2026-2028 and 1% thereafter. Includes estimated effect of 10% homestead exemption.
Item 11
Town of Prosper
Projected Water, Sewer and Drainage Revenue-Backed Debt Service Tied to Five Year Capital Plan (Updated 6.10.2019)
Outstanding Series Series Series Series Series Projected Outstanding Series Projected
Water/Sewer 2018 2019 2020 2021 2022 Water/Sewer Drainage 2021 Drainage Combined
Revenue $10.22mm $4.628mm $0.00mm $5.00mm $5.60mm Net Revenue $685k Net Net
FYE Debt Service (1)Proceeds (2)Proceeds (2)Proceeds (2)Proceeds (2)Proceeds (3)Total P+I Debt Service (3)Proceeds (5)Total P+I Total P+I
2018 2,973,871$ 2,973,871$ 253,267$ 253,267$ 3,227,139$
2019 2,789,030 704,096$ 3,493,126 - (4)- 3,493,126
2020 2,755,588 700,938 301,014$ 3,757,539 248,641 248,641 4,006,179
2021 2,743,276 702,438 301,550 -$ 3,747,263 245,592 245,592 3,992,855
2022 2,752,481 703,338 300,050 - 405,042$ 4,160,910 253,142 55,458$ 308,600 4,469,510
2023 2,657,688 701,763 298,350 - 405,750 308,750$ 4,372,300 228,147 53,750 281,897 4,654,198
2024 2,666,662 702,513 301,350 - 407,500 285,000 4,363,025 229,970 57,625 287,595 4,650,620
2025 2,174,555 702,263 299,050 - 408,750 494,625 4,079,242 226,982 56,375 283,357 4,362,599
2026 2,175,982 705,888 301,450 - 409,500 284,000 3,876,819 228,154 55,125 283,279 4,160,099
2027 1,720,409 708,263 298,550 - 404,875 498,000 3,630,097 228,447 53,875 282,322 3,912,419
2028 1,716,710 704,513 300,350 - 404,875 496,250 3,622,697 228,459 57,500 285,959 3,908,656
2029 1,716,603 702,288 296,850 - 409,250 498,875 3,623,865 228,191 56,000 284,191 3,908,056
2030 1,615,051 701,688 299,175 - 408,000 495,875 3,519,788 232,543 54,500 287,043 3,806,831
2031 1,612,779 700,288 297,350 - 406,250 497,250 3,513,917 226,614 57,875 284,489 3,798,406
2032 1,613,288 695,638 300,300 - 408,875 497,875 3,515,976 230,706 56,125 286,831 3,802,806
2033 1,313,300 697,825 298,025 - 405,875 497,750 3,212,775 163,775 54,375 218,150 3,430,925
2034 925,600 699,013 300,525 - 407,250 496,875 2,829,263 168,188 57,500 225,688 3,054,950
2035 693,884 297,800 - 407,875 495,250 1,894,809 167,300 55,500 222,800 2,117,609
2036 692,791 299,850 - 407,750 497,750 1,898,141 166,000 58,375 224,375 2,122,516
2037 695,525 301,600 - 406,875 499,250 1,903,250 71,400 56,125 127,525 2,030,775
2038 696,988 298,125 - 405,250 494,875 1,895,238 53,875 53,875 1,949,113
2039 299,425 - 407,750 494,625 1,201,800 56,500 56,500 1,258,300
2040 - 409,250 498,250 907,500 54,000 54,000 961,500
2041 404,875 495,750 900,625 56,375 56,375 957,000
2042 497,125 497,125 497,125
35,922,871$ 14,011,934$ 5,990,739$ -$ 8,141,417$ 9,324,000$ 73,390,960$ 4,025,518$ 1,116,833$ 5,142,351$ 78,533,312$
(1) Debt service assumed to be repaid with water and sewer net revenues. Repayment source may be changed from year to year.
(2) Debt service assumed to be repaid with water and sewer net revenues. With the exception of Series 2018, based on projected rates; preliminary, subject to change.
(3) Debt service assumed to be repaid with drainage net revenues. Repayment source may be changed from year to year.
(4) FY 2019 drainage debt service payment of $249,588 assumed to be paid with I&S tax revenues.
(5) Debt service assumed to be repaid with drainage net revenues. Based on projected rates; preliminary, subject to change.
Water and Sewer Debt Drainage Debt
Item 11
Total Issued Debt Unissued Debt Unissued Debt Reimbursement Issued
Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028
01 1412-ST Downtown Enhancements (Broadway) 200,000 2,365,959 2,565,959 2,320,686 D 245,589 01
02 1512-ST First Street (DNT - Coleman) 1,076,000 1,363,915 346,652 8,000,000 10,786,567 2,439,915 A, D 346,652 8,000,000 8,000,000 02
03 1507-ST West Prosper Road Improvements 6,000,000 6,781,000 3,140,549 15,921,549 9,516,000 B,C 4,305,549 2,100,000 2,100,000 03
04 1622-ST Main Street (First - Broadway) 625,000 625,000 400,000 E 225,000 04
05 Gates of Prosper, TIRZ No. 1
(Richland, Lovers Lane, Detention) 1,214,388 2,079,632 2,532,536 5,826,556 5,826,556 H 05
06 Matthews Southwest, TIRZ No. 2 188,352 440,601 628,953 628,953 J 06
07 1511-ST Prosper Trail (Kroger - Coit) 305,000 4,457,308 45,901 4,808,209 4,580,000 A,D 228,209 07
08 1721-ST Windsong Road Repairs, Phase 1 & 2
Acacia Parkway (Gee Road - Windsong Parkway) 1,022,782 1,022,782 1,022,782 D 08
09 1812-ST Windsong Road Repairs (Uretek) 920,000 920,000 920,000 D,Z 09
10 1817-ST Windsong Road Repairs, Phase 3 710,000 12,745 722,745 12,745 D 710,000 710,000 10
11 US 380 (Denton County Line - Lovers Lane) 59,000,000 59,000,000 59,000,000 X 11
12 1709-ST Prosper Trail (Coit - Custer) - 4 lanes 610,000 200,000 11,755,000 12,565,000 810,000 A 11,755,000 11,755,000 12
13 1710-ST Coit Road (First - Frontier) - 4 lanes 689,900 600,000 14,000,000 15,289,900 1,289,900 A 14,000,000 14,000,000 13
14 1307-ST Frontier Parkway (BNSF Overpass) 20,345,000 979,004 1,230,996 22,555,000 20,375,000 A,X 949,004 1,230,996 365,000 1,230,996 14
15 DNT Southbound Frontage Road 17,000,000 17,000,000 17,000,000 X 15
16 Teel Parkway (DCFWSD#10), Phase 2 1,000,000 1,000,000 1,000,000 X 16
17 1513-ST Old Town Streets 2015 (Fifth, McKinley) 1,000,000 1,000,000 1,000,000 1,000,000 17
18 1803-ST Fifth Street (Coleman - Church) 375,000 375,000 375,000 375,000 18
19 1804-ST Third Street (Main - Coleman) 250,000 250,000 250,000 250,000 19
20 1701-ST Eighth Street (Church - PISD Admin) 260,000 260,000 260,000 260,000 20
21 1702-ST Field Street (First - Broadway) 250,000 250,000 250,000 250,000 21
22 1708-ST E-W Collector (Cook Lane - DNT); design done w/ Cook Lane 125,000 1,250,000 1,375,000 1,375,000 A 22
23 1820-ST First Street/DNT Intersection Improvements 137,000 1,250,000 1,387,000 1,387,000 A,D 23
24 1823-ST Victory Way (Coleman - Frontier) - 2 lanes of 4 lane ultimate 250,000 2,250,000 2,500,000 250,000 D 385,000 1,865,000 2,250,000 24
25 1830-ST Prosper Trail/DNT Intersection Improvements 13,000 75,000 88,000 88,000 A,D 25
26 1831-ST First Street/BNSF RR Overpass Study 40,000 40,000 40,000 D 26
27 1832-ST Prosper Trail/BNSF RR Overpass Study 40,000 40,000 40,000 D 27
28 1824-ST Fishtrap (Teel Intersection Improvements) 150,000 1,350,000 1,500,000 150,000 D 1,350,000 1,350,000 28
29 1708-ST Cook Lane (First - End) 150,000 2,100,000 2,250,000 150,000 A 2,100,000 2,100,000 29
30 1825-ST Coleman Street (Gorgeous - Prosper Trail) - 4 lanes 375,000 2,125,000 2,500,000 375,000 D 2,125,000 2,125,000 30
31 1805-ST FM 2478 (US 380 - FM 1461) 80,000 243,205 69,000 56,500,000 56,892,205 56,892,205 A,K,X 31
32 Coleman Street (at Prosper HS) 700,000 700,000 700,000 C 32
33 1908-ST Fifth Street (Parvin - Craig) 395,795 395,795 395,795 D 33
34 1908-ST Lane Street (First - Third) 225,000 225,000 225,000 D 34
35 1908-ST North Street (Seventh - Eighth) 175,000 175,000 175,000 D 35
36 1908-ST Pecan Street (First - End) 200,000 200,000 200,000 D 36
37 Craig Street (Preston - First) 750,000 750,000 750,000 750,000 37
38 Craig Street (First - Broadway) 350,000 350,000 350,000 350,000 38
39 Craig Street (Broadway - Fifth) 200,000 200,000 200,000 200,000 39
40 DNT Overpass at US380 8,000,000 92,000,000 100,000,000 96,000,000 D,J, X 4,000,000 4,000,000 40
41 US 380 (US 377 - Denton County Line) 129,728,061 129,728,061 129,728,061 X 41
42 DNT Main Lane (US 380 - FM 428) 87,500,000 262,500,000 350,000,000 350,000,000 X 42
43 Crown Colony (Meadow Run - Bradford) 465,000 465,000 53,816 411,184 465,000 43
44 Crown Colony (Bradford - High Point) 500,000 500,000 500,000 500,000 44
45 Ridgewood (Hays - Crown Colony) 560,000 560,000 560,000 560,000 45
46 Waterwood (Ridgewood - End) 150,000 150,000 150,000 150,000 46
47 Colonial (Ridgewood - End)150,000 150,000 150,000 150,000 47
48 Shady Oaks Lane (Ridgewood - End)150,000 150,000 150,000 150,000 48
49 Riverhill (Ridgewood - End)150,000 150,000 150,000 150,000 49
50 Plymouth Colony (Bradford - High Point)400,000 400,000 400,000 400,000 50
51 Plymouth Colony Circle (Plymouth Colony - End)200,000 200,000 200,000 200,000 51
52 Prestonview (Hays - Betts)750,000 750,000 750,000 750,000 52
53 Betts Lane (Prestonview - High Point)250,000 250,000 250,000 250,000 53
54 High Point Drive (Hays - Betts)725,000 725,000 725,000 725,000 54
55 West Yorkshire Drive (High Point - Bradford)250,000 250,000 250,000 250,000 55
56 Bradford Drive (West Yorkshire-Plymonth Colony)600,000 600,000 600,000 600,000 56
57 Chandler Circle (Preston Road-Hays)700,000 700,000 700,000 700,000 57
58 1703-ST Parvin Road (Good Hope - FM 1385) 270,000 270,000 270,000 270,000 58
59 1704-ST Pasewark (Preston - Hickory) 400,000 400,000 400,000 400,000 59
60 FM 1461 (SH 289 - CR 165) 53,000,000 53,000,000 53,000,000 X 60
61 Coleman Street (Prosper Trail - Preston) - 4 lanes 6,000,000 6,000,000 700,000 A 5,300,000 5,300,000 61
62 Fishtrap (Teel - DNT) - 4 lanes 13,500,000 13,500,000 1,250,000 A 12,250,000 12,250,000 62
63 Teel Parkway (US 380 - Fishtrap) - Add 2 lanes to make 4 4,500,000 4,500,000 500,000 A 4,000,000 4,000,000 63
64 1923-ST Fishtrap (Section 1, 4) design; (Elem to DNT) schematic 778,900 813,000 813,000 778,900 D
69,908,640 61,526,197 17,205,287 12,699,996 278,228,061 87,500,000 0 382,863,000 909,152,281 821,542,498 0 9,145,003 1,738,816 76,692,180 365,000 2,845,000 5,700,000 8,630,996 0 0 0 64,100,000
A Impact Fees G Park Development Fund
B Grant and Interlocal Funds H TIRZ #1
C Developer Agreements J TIRZ #2
D General Fund K Escrows
E Water / Wastewater Fund X Non-Cash Contributions
F Stormwater Drainage Fund Z Other Sources (See Detail)
Unissued Debt Schedule
Description Codes - Other Sources
Funding Sources
Other
Sources
Summary of Capital Improvement Program - 05/14 FINAL
General Fund Projects
IndexStreet Projects
Subtotal
01
IndexItem 11
Funding Sources
Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement Issued
Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Sources Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028
01 1827-TR Median Lighting - US 380 (Denton County - Custer)485,000 485,000 485,000 D 01
02 Median Lighting - Coit Road (First - Frontier)1,000,000 1,000,000 1,000,000 D 02
03 Median Lighting - First Street (Craig - Coit)625,000 625,000 625,000 D 03
04 Median Lighting - Prosper Trail (Dallas Pkwy - Preston)825,000 825,000 825,000 D 04
05 Median Lighting - Prosper Trail (Preston - Coit 625,000 625,000 625,000 D 05
06 Traffic Signal - FM 1461 & Coit Rd 125,000 125,000 125,000 X 06
07 Traffic Signal - FM 1461 & FM 2478 (Custer Rd)125,000 125,000 125,000 X 07
08 Traffic Signal - FM 2478 (Custer Rd) & Prosper Trail 125,000 125,000 125,000 X 08
09 Traffic Signal - SH 289 & Coleman Rd 220,000 220,000 220,000 X 09
10 1909-TR Traffic Signal - Coit Rd & First Street 250,000 250,000 250,000 A 10
11 Traffic Signal - DNT & Frontier: (Collin County)400,000 400,000 400,000 X 11
12 Traffic Signal - DNT & Prosper Trail: (Collin County)400,000 400,000 400,000 X 12
13 Traffic Signal - Coit Rd & Richland Boulevard 250,000 250,000 250,000 A 13
14 Traffic Signal - Fishtrap & Gee Road 250,000 250,000 250,000 A 14
15 1928-TR Traffic Signal - Fishtrap & Teel Parkway 34,100 250,000 284,100 284,100 A,D 15
16 Traffic Signal - Fishtrap & Windsong Parkway 250,000 250,000 250,000 A 16
17 Traffic Signal - FM 1385 & Fishtrap 125,000 125,000 125,000 X 17
18 Traffic Signal - SH 289 & Lovers Lane 220,000 220,000 220,000 H 18
595,000 1,569,100 1,345,000 0 0 0 3,075,000 6,584,100 6,584,100 0 0 0 0 0 0 0
Funding Sources
Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement IssuedIndexSummary of Capital Improvement Program - 05/14 FINAL
General Fund Projects
Traffic Projects
Subtotal IndexPark Projects IndexUnissued Debt Schedule
02
Unissued Debt Schedule IndexItem 11
Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Sources Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028
Neighborhood Park
01 1806-PK Star Trail Park #1 (7.5 Acres / No Lights)985,000 985,000 985,000 C, G 01
02 Lakewood Preserve (22 Acres / No Lights)483,000 483,000 966,000 966,000 C 02
03 1802-PK Hays Park (2 Acres / No Lights)50,000 35,000 310,000 395,000 395,000 G 03
04 Prairie Park (6.7 Acres / No Lights)300,000 300,000 300,000 C 04
05 Tanners Mill Park 468,000 600,000 1,068,000 468,000 C 600,000 600,000 05
06 Town Hall Open Space Park 55,000 2,000,000 2,055,000 55,000 D 2,000,000 2,000,000
07 Pecan Grove Irrigation (21.5 Acres / No Lights)85,000 85,000 85,000 G 07
08 Star Trail Park #2 (7.5 Acres / No Lights)1,393,000 1,393,000 535,000 C 858,000 858,000 08
09 Windsong Ranch Neighborhood Park #2 (7.5 Acres / No Lights)1,200,000 1,200,000 510,000 C, G 690,000 690,000 09
10 Pecan Grove Phase 2 (21.5 Acres / No Lights) (basketball, pavilion,
parking, security lighting) 67,500 675,000 742,500 250,000 G 492,500 67,000 425,500 10
11 Park Operations Park (Convert area where Ops is into park) (17
Acres / No Lights) 51,000 475,000 526,000 526,000 51,000 475,000 11
12 Windsong Ranch Neighborhood Park #3 (7.5 Acres / No Lights)1,300,000 1,300,000 260,000 C 1,040,000 1,040,000 12
13 Star Trail Park #3 7.5 Acres / No Lights)1,160,000 1,160,000 785,000 C, G 375,000 375,000 13
14 Cedar Grove Park Phase 2 (9.8 Acres / No Lights)325,000 325,000 325,000 325,000 14
15 1303-PK Cockrell Park (8.4 Acres / No Lights)90,000 1,150,000 1,240,000 90,000 G 1,150,000 1,150,000 15
16 Legacy School ILA (Playground cost share)35,000 35,000 35,000 G
Trails
17 1801-PK Whitley Place H&BTrail Extension 70,000 680,000 750,000 570,000 G 180,000 180,000 17
18 Windsong H&B Trail Phases 3C,5,6A, 6B, 7, 8, and 9.450,524 450,524 450,524 475,000 495,000 2,321,572 2,321,572 C 18
19 1910-PK Hike and Bike Master Plan 68,000 68,000 68,000 D 19
20 1911-PK Pecan Grove H&B Trail 30,000 410,000 440,000 250,000 G 190,000 190,000 20
21 Star Trail H&B Trail Phases 1, 2, 3, and 4.100,000 100,000 1,000,000 1,200,000 1,200,000 C 21
22 Whitley Place H&B Trail (Power line Easement)280,000 280,000 280,000 280,000 22
23 H&B Trail Heads / H&B Trail Gateways 103,000 110,000 500,000 713,000 713,000 103,000 110,000 500,000 23
24 Future unnamed H&B Trail 1,000,000 1,000,000 1,000,000 1,000,000 24
Community Park
25 1603-PK Frontier Park - North Field Improvements (17 Acres / Lights)11,360,815 31,195 11,392,010 1,834,590 B,G 9,557,420 25
26 1808-PK West Park Land (200 Acres / Lights)50,000 50,000 50,000 D 26
27 Town Lake Improvements (24 Acres / Lights)16,000 320,000 336,000 336,000 16,000 320,000 27
28 Sexton Park (69 Acres / Lights) (Sports Fields)7,650,000 7,650,000 7,650,000 7,650,000 28
29 Sexton Park Phase 2 (Lights) (Additional Sports Fields)15,000,000 15,000,000 15,000,000 15,000,000 29
30 Windsong Ranch Community Park (51 Acres / Lights)17,000,000 17,000,000 17,000,000 17,000,000 30
31 Prosper Center Community Park ( 30 Acres / no lights)15,000,000 15,000,000 15,000,000 15,000,000 31
32 Star Trail Park Community Park (30 Acres / Lights)15,000,000 15,000,000 15,000,000 15,000,000 32
Medians
33 1417-PK Richland Boulevard Median Landscaping 5,000 170,000 175,000 175,000 D 33
34 1723-PK State Highway 289 Gateway Monument 304,752 170,000 474,752 474,752 D 34
35 1818-PK Additional Turf Irrigation SH 289 80,000 80,000 80,000 D 35
36 1813-PK SH 289/US 380 Green Ribbon Landscape Irrigation 59,250 750,000 809,250 809,250 B,D 36
37 1922-PK Downtown Monument (Broadway/Preston)300,000 300,000 300,000 C
11,455,815 1,578,721 4,844,524 2,441,024 3,189,000 4,200,000 161,000 75,945,000 103,815,084 13,852,164 9,557,420 0 80,405,500 0 0 180,000 1,895,000 1,774,500 1,620,000 161,000 74,775,000
Funding Sources
Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement Issued
Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Sources Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028
01 1402-FC Town Hall - Professional Services 2,040,695 200,845 2,241,540 845 Z 2,240,695 1,250,000 379,195 01
02 1514-ST Town Hall - Offsite Infrastructure 1,307,400 1,307,400 32,400 F 1,275,000 02
03 1601-FC Town Hall - Construction 19,597,691 457,454 26,548 20,081,693 65,454 Z 20,016,239 10,451,732 03
04 1714-FC Town Hall - Furniture, Fixtures, and Equipment 1,362,000 1,362,000 1,362,000 1,362,000 04
05 1713-FC Police Station and Dispatch - Professional Services 59,696 1,000,000 585,000 1,644,696 59,696 D 1,022,904 385,000 1,000,000 385,000 05
06 1904-FC Police Station and Dispatch - Development Costs 550,000 550,000 550,000 550,000 06
07 1905-FC Police Station and Dispatch - Construction 12,500,000 12,500,000 1,576,232 D 35,865 11,065,000 11,065,000 07
08 1906-FC Police Station and Dispatch - Furniture, Fixtures, and Equipment 1,165,000 1,165,000 1,165,000 D 08
09 1809-FC Parks Operations and Public Works Complex 3,650,000 (200,000)10,900,000 14,350,000 2,550,000 E, G 900,000 10,900,000 900,000 10,900,000 09
10 Westside Radio Tower for Public Safety 500,000 500,000 500,000 500,000 10
11 Central Fire Station Administration 2,546,000 2,546,000 2,546,000 2,546,000 11
12 Central Fire Station, Phase II (Bunk Gear Climate Storage)850,000 850,000 850,000 850,000 12
13 Eastside Fire Station 5,625,000 5,625,000 5,625,000 5,625,000 13
14 1901-EQ Ladder Truck 1,650,000 1,650,000 1,650,000 D 1,650,000 14
15 Recreation Center 15,000,000 15,000,000 15,000,000 15,000,000 15
16 Senior Facility 9,000,000 9,000,000 9,000,000 9,000,000 16
24,367,482 5,308,299 16,276,548 500,000 0 0 0 43,921,000 90,373,329 7,099,627 26,852,703 0 56,421,000 1,250,000 14,092,927 12,000,000 500,000 0 0 0 45,571,000
105,731,937 69,008,217 39,895,459 16,986,020 281,417,061 91,700,000 161,000 505,804,000 1,109,924,794 849,078,389 45,555,126 1,738,816 213,518,680 1,615,000 16,937,927 17,880,000 11,025,996 1,774,500 1,620,000 161,000 184,446,000IndexPark Projects
IndexFacility Projects
Subtotal
Grand Total General Fund
Subtotal IndexUnissued Debt Schedule IndexItem 11
Funding Sources
Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement Issued
Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Sources Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028
01 1508-WA BNSF Railroad PRV's 175,000 (27,215)147,785 147,785 01
02 1719-WA Custer Road Pump Station Expansion (Additional Pump)134,100 829,350 (175,000)788,450 788,450 A 02
03 1822-WA Glennbrooke Water Meter PRV's 407,200 (257,200)150,000 150,000 03
04 1715-WA Fishtrap 2.5 MG Elevated Storage Tank Site Acquisition 300,000 300,000 300,000 A 04
05 1902-WA Custer Road Meter Station and Water Line Relocations 290,325 2,501,275 2,791,600 2,791,600 E 05
06 1715-WA Fishtrap 2.5 MG Elevated Storage Tank 325,700 5,808,000 6,133,700 3,168,700 A 2,757,500 207,500 2,707,500 207,500 06
07 1716-WA LPP Water Line Phase 1a & 1b 829,850 2,000,000 8,658,200 11,488,050 1,004,850 A 6,062,889 4,420,311 6,266,313 4,420,311 07
08 1716-WA LPP Water Line Phase 1 Easement Costs 1,941,500 (250,000)1,691,500 0 A 1,691,500 0 08
09 1501-WA LPP Phase Pump Station, GST and Water Line (2023)185,100 1,250,000 150,000 0 15,200,000 16,785,100 4,277,081 A 1,308,019 11,200,000 1,250,000 5,600,000 5,600,000 09
10 1810-WA LPP Water Line Phase 2 Easement Costs 0 1,000,000 1,000,000 1,000,000 A 10
11 1708-WA E-W Collector (Cook Lane - DNT) Water Line 256,025 256,025 250,000 E 6,025 11
12 1708-WA Cook Lane (First - End)400,000 400,000 400,000 E 12
13 1513-WA Old Town Streets 2015 (Fifth, McKinley) 350,000 (98,907)251,093 251,093 E 13
14 Lower Pressure Plane Future Expansion (2026)14,000,000 14,000,000 14,000,000 14,000,000 14
15 1924-WA Fifth (Parvin-Craig); Craig (Fifth-Broadway) Water Line Replace 200,000 200,000 200,000 E 15
1,649,750 7,078,050 14,554,228 2,901,275 1,000,000 15,200,000 0 14,000,000 56,383,303 14,431,774 0 12,123,718 0 29,827,811 0 10,223,813 4,627,811 0 0 5,600,000 5,600,000 14,000,000
Funding Sources
Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement Issued
Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Sources Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028
01 Gates of Prosper, TIRZ No. 1 (Middle Doe Branch Line) 5,764,238 38,644 0 5,802,882 5,802,882 H 01
02 Matthews Southwest, TIRZ No. 2 (Lower Doe Branch Line) 1,166,922 166,492 0 1,333,414 1,333,414 J 02
03 1834-WW Public Works WWTP Decommission 65,000 900,000 965,000 965,000 A,E 03
04 1907-WW Doe Branch, Phase 2 WWTP 0 MGD Expansion (2021)0 0 0 04
05 1903-WW Church / Parvin Wastewater Reconstruction 100,000 100,000 100,000 E 05
06 Doe Branch Parallel Interceptor (2021)5,000,000 5,000,000 5,000,000 5,000,000 06
07 Doe Branch, Phase 3 WWTP 0.85 MGD Expansion (2025)14,500,000 0 14,500,000 14,500,000 14,500,000 0 07
6,931,161 270,136 1,000,000 0 5,000,000 0 14,500,000 0 27,701,296 8,201,296 0 0 19,500,000 0 0 0 0 5,000,000 0 14,500,000 0
Funding Sources
Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement Issued
Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Sources Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028
01 1717-DR Old Town Drainage - First & Main Trunk Main 800,000 800,000 800,000 01
02 1616-DR Old Town Drainage - McKinley & Broadway Trunk Main 600,000 600,000 600,000 02
03 1614-DR Coleman Street Channel Improvements 17,500 0 300,000 317,500 17,500 F (0)300,000 300,000 03
04 1613-DR Old Town Drainage - Church & Parvin Drainage Impr.40,000 460,000 500,000 40,000 F 460,000 04
05 1718-DR Old Town Regional Retention - Broadway (Design & Constr.)25,000 216,149 406,615 647,764 647,764 05
06 1615-DR Old Town Regional Detention/Retention - Land Acquisition 540,000 385,000 925,000 540,000 385,000 385,000 06
07 1811-DR Old Town Drainage - Fifth Street Trunk Main 340,000 340,000 340,000 07
08 Old Town Drainage - Detention Pond Improvements 1,000,000 1,000,000 1,000,000 1,000,000 08
2,022,500 216,149 1,206,615 0 685,000 0 0 1,000,000 5,130,264 57,500 3,387,763 0 1,685,000 0 0 0 0 685,000 0 0 1,000,000
10,603,411 7,564,335 16,760,842 2,901,275 6,685,000 15,200,000 14,500,000 15,000,000 89,214,862 22,690,570 15,511,481 0 51,012,811 0 10,223,813 4,627,811 0 5,685,000 5,600,000 20,100,000 15,000,000
A Impact Fees
B Grant and Interlocal Funds
C Developer Agreements
D General Fund
E Water / Wastewater Fund
F Stormwater Drainage Fund
G Park Development Fund
H TIRZ #1
J TIRZ #2
K Escrows
X Non-Cash Contributions
Z Other Sources (See Detail)
Funding Sources
Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement
Prior Years 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028 Cost Sources Authorized Authorized Unauthorized Resolution 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2028
105,731,937 69,008,217 39,895,459 16,986,020 281,417,061 91,700,000 161,000 505,804,000 1,109,924,794 849,078,389 45,555,126 1,738,816 213,518,680 1,615,000 16,937,927 17,880,000 11,025,996 1,774,500 1,620,000 161,000 184,446,000
10,603,411 7,564,335 16,760,842 2,901,275 6,685,000 15,200,000 14,500,000 15,000,000 89,214,862 22,690,570 15,511,481 0 51,012,811 0 10,223,813 4,627,811 0 5,685,000 5,600,000 20,100,000 15,000,000
116,335,348 76,572,552 56,656,301 19,887,295 288,102,061 106,900,000 14,661,000 520,804,000 1,199,139,656 871,768,959 61,066,607 1,738,816 264,531,491 1,615,000 27,161,740 22,507,811 11,025,996 7,459,500 7,220,000 20,261,000 199,446,000
Unissued Debt Schedule
Description Codes - Other Sources
Subtotal
Subtotal IndexWater Projects
Summary of Capital Improvement Program - 05/14 FINAL
Enterprise Fund Projects 03
Grand Total Capital Improvement Program
General Fund
Enterprise Funds
Grand Total Enterprise Funds
Wastewater Projects
Drainage Projects
Summary of Capital Improvement Program - 05/14 FINAL
Capital Improvement Program SummaryIndexIndex IndexIndexUnissued Debt Schedule
Unissued Debt Schedule
IndexIndexCapital Improvement Program Summary
Subtotal
Item 11
ORDINANCE NO. 19-__
OF THE TOWN OF PROSPER, TEXAS
AUTHORIZING THE ISSUANCE OF
TOWN OF PROSPER, TEXAS
COMBINATION TAX AND SURPLUS REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2019
Item 11
TABLE OF CONTENTS
Section 1. Recitals, Amount and Purpose of the Certificates ............................2
Section 2. Designation, Date, Denominations, Numbers, Maturities of Certificates and Interest
Rates..................................................................2
Section 3. Characteristics of the Certificates ........................................3
Section 4. Form of Certificates...................................................6
Section 5. Interest and Sinking Fund .............................................13
Section 6. Surplus Revenues....................................................13
Section 7. Defeasance of Certificates.............................................14
Section 8. Damaged, Mutilated, Lost, Stolen, or Destroyed Certificates ..................15
Section 9. Custody, Approval, and Registration of Certificates; Bond Counsel's Opinion and
Engagement; Attorney General Filing Fee; CUSIP Numbers; Other Procedures and
Agreements ...........................................................16
Section 10. Covenants Regarding Tax Exemption of Interest on the Certificates ...........17
Section 11. Sale of the Certificates; Approval of Official Statement; Application of Proceeds 19
Section 12. Allocation of Certificate Proceeds ......................................20
Section 13. Disposition of Project................................................20
Section 14. Interest Earnings on Certificate Proceeds; Appropriation ....................20
Section 15. Construction Fund ..................................................21
Section 16. Compliance with Rule 15c2-12 ........................................21
Section 17. Method of Amendment ..............................................24
Section 18. Continued Perfection of Security Interest ................................25
Section 19. Inconsistent Provisions ..............................................26
Section 20. Governing Law ....................................................26
Section 21. Severability .......................................................26
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Item 11
Section 22. Events of Default ...................................................26
Section 23. Remedies for Default ................................................26
Section 24. Remedies Not Exclusive .............................................26
Section 25. Effective Date .....................................................27
ii
Item 11
ORDINANCE NO. 19-__
AUTHORIZING THE ISSUANCE AND SALE OF TOWN OF PROSPER, TEXAS
COMBINATION TAX AND SURPLUS REVENUE CERTIFICATES OF OBLIGATION,
SERIES 2019; LEVYING AN ANNUAL AD VALOREM TAX FOR THE PAYMENT OF
SAID CERTIFICATES AND PROVIDING OTHER SECURITY; APPROVING AN
OFFICIAL STATEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT;
ENGAGING BOND COUNSEL; AND ENACTING OTHER PROVISIONS RELATING TO
THE SUBJECT
THE STATE OF TEXAS §
COLLIN AND DENTON COUNTIES §
TOWN OF PROSPER §
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Issuer") deems it
advisable to issue Certificates of Obligation in the principal amount of $17,230,000 for paying all
or a portion of the Issuer's contractual obligations incurred in connection with (i) acquiring,
constructing, installing and equipping additions, improvements, extensions and equipment for the
Issuer's waterworks and sewer system; (ii) constructing, improving, extending, expanding, upgrading
and developing streets and roads and intersections, including utility relocation, landscaping,
sidewalks, traffic safety and operational improvements and the purchase of any necessary
right-of-way and other related costs; (iii) constructing, improving, extending, expanding, upgrading
and developing parks and recreation facilities, including fields, trails, utility relocation, landscaping,
sidewalks and operational improvements, installation of lighting, the purchase of any necessary
rights-of-way, drainage and other related costs; (iv) designing, constructing, improving and
equipping public safety facilities in the Issuer, including a police station and dispatch facility, and
the acquisition of land and interests in land as necessary for such purposes; and (v) paying legal,
fiscal, engineering and architectural fees in connection with such projects; and
WHEREAS, the Certificates of Obligation hereinafter authorized and designated are to be
issued and delivered for cash pursuant to Subchapter C of Chapter 271, Local Government Code,
as amended, and Chapter 1502, Government Code, as amended; and
WHEREAS, the Town Council has heretofore passed a resolution authorizing and directing
the Town Secretary to give notice of intention to issue Certificates of Obligation; and
WHEREAS, said notice has been duly published in a newspaper of general circulation in the
Issuer, said newspaper being a "newspaper" as defined in §2051.044, Texas Government Code; and
WHEREAS, to the time of adoption of this Ordinance, the Issuer received no petition from
the qualified electors of the Issuer protesting the issuance of such Certificates of Obligation; and
WHEREAS, during the preceding three years, the Issuer has not submitted a bond
proposition to authorize the issuance of bonds for the same purpose for which the Certificates are
hereby being issued and which proposition was disapproved by voters; and
Item 11
WHEREAS, it is considered to be to the best interest of the Issuer that said interest bearing
Certificates of Obligation be issued.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER:
Section 1. RECITALS, AMOUNT AND PURPOSE OF THE CERTIFICATES. The
recitals set forth in the preamble hereof are incorporated herein and shall have the same force and
effect as if set forth in this Section. The certificates of the Issuer are hereby authorized to be issued
and delivered in the aggregate principal amount of $17,230,000 for paying all or a portion of the
Issuer's contractual obligations incurred in connection with (i) acquiring, constructing, installing and
equipping additions, improvements, extensions and equipment for the Issuer's waterworks and sewer
system; (ii) constructing, improving, extending, expanding, upgrading and developing streets and
roads and intersections, including utility relocation, landscaping, sidewalks, traffic safety and
operational improvements and the purchase of any necessary right-of-way and other related costs;
(iii) constructing, improving, extending, expanding, upgrading and developing parks and recreation
facilities, including fields, trails, utility relocation, landscaping, sidewalks and operational
improvements, installation of lighting, the purchase of any necessary rights-of-way, drainage and
other related costs; (iv) designing, constructing, improving and equipping public safety facilities in
the Issuer, including a police station and dispatch facility, and the acquisition of land and interests
in land as necessary for such purposes; and (v) paying legal, fiscal, engineering and architectural
fees in connection with such projects (collectively, the "Project").
Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS, MATURITIES OF
CERTIFICATES AND INTEREST RATES. Each certificate issued pursuant to this Ordinance shall
be designated: "TOWN OF PROSPER, TEXAS, COMBINATION TAX AND SURPLUS
REVENUE CERTIFICATE OF OBLIGATION, SERIES 2019", and initially there shall be issued,
sold, and delivered hereunder one fully registered certificate, without interest coupons, dated June
15, 2019, in the principal amount stated above and in the denominations hereinafter stated,
numbered T-1, with certificates issued in replacement thereof being in the denominations and
principal amounts hereinafter stated and numbered consecutively from R-1 upward, payable to the
respective Registered Owners thereof (with the initial certificate being made payable to the initial
purchasers as described in Section 11 hereof), or to the registered assignee or assignees of said
certificates or any portion or portions thereof (in each case, the "Registered Owner"). The
Certificates shall mature on February 15 in the years and in the principal amounts and interest rates
set forth below, interest on each Certificate accruing on the basis of a 360-day year of twelve 30-day
months from the date of initial delivery of the Certificates to the purchasers thereof or the most
recent interest payment date to which interest has been paid or provided for at the per annum rates
of interest, payable semiannually on February 15 and August 15 of each year until the principal
amount shall have been paid or provision for such payment shall have been made, commencing
February 15, 2019, as follows:
Year
Principal
Amount
Interest
Rate Year
Principal
Amount
Interest
Rate
2020 2030
2021 2031
2022 2032
2023 2033
2024 2034
2025 2035
2
Item 11
2026 2036
2027 2037
2028 2038
2029 2039
Section 3. CHARACTERISTICS OF THE CERTIFICATES. (a) Registration, Transfer,
Conversion and Exchange; Authentication. The Issuer shall keep or cause to be kept at the corporate
trust office of U.S. Bank National Association, Dallas, Texas, the "Paying Agent/Registrar"), books
or records for the registration of the transfer, conversion and exchange of the Certificates (the
"Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and
transfer agent to keep such books or records and make such registrations of transfers, conversions
and exchanges under such reasonable regulations as the Issuer and Paying Agent/Registrar may
prescribe; and the Paying Agent/Registrar shall make such registrations, transfers, conversions and
exchanges as herein provided. The Paying Agent/Registrar shall obtain and record in the
Registration Books the address of the registered owner of each Certificate to which payments with
respect to the Certificates shall be mailed, as herein provided; but it shall be the duty of each
registered owner to notify the Paying Agent/Registrar in writing of the address to which payments
shall be mailed, and such interest payments shall not be mailed unless such notice has been given.
The Issuer shall have the right to inspect the Registration Books during regular business hours of
the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration
Books confidential and, unless otherwise required by law, shall not permit their inspection by any
other entity. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and
charges for making such registration, transfer, conversion, exchange and delivery of a substitute
Certificate or Certificates. Registration of assignments, transfers, conversions and exchanges of
Certificates shall be made in the manner provided and with the effect stated in the FORM OF
CERTIFICATE set forth in this Ordinance. Each substitute Certificate shall bear a letter and/or
number to distinguish it from each other Certificate.
Except as provided in Section 3(c) of this Ordinance, an authorized representative of the
Paying Agent/Registrar shall, before the delivery of any such Certificate, date and manually sign
said Certificate, and no such Certificate shall be deemed to be issued or outstanding unless such
Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all paid Certificates
and Certificates surrendered for conversion and exchange. No additional ordinances, orders, or
resolutions need be passed or adopted by the governing body of the Issuer or any other body or
person so as to accomplish the foregoing conversion and exchange of any Certificate or portion
thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the
substitute Certificates in the manner prescribed herein, and said Certificates shall be printed or typed
on paper of customary weight and strength. Pursuant to Chapter 1201, Government Code, and
particularly Subchapter D thereof, the duty of conversion and exchange of Certificates as aforesaid
is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Certificate, the
converted and exchanged Certificate shall be valid, incontestable, and enforceable in the same
manner and with the same effect as the Certificates that initially were issued and delivered pursuant
to this Ordinance, approved by the Attorney General and registered by the Comptroller of Public
Accounts.
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Item 11
(b) Payment of Certificates and Interest. The Issuer hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates,
all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all
payments made by the Issuer and the Paying Agent/Registrar with respect to the Certificates, and
of all conversions and exchanges of Certificates, and all replacements of Certificates, as provided
in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date,
and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record
Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such
interest have been received from the Issuer. Notice of the past due interest shall be sent at least five
(5) business days prior to the Special Record Date by United States mail, first-class postage prepaid,
to the address of each registered owner appearing on the Registration Books at the close of business
on the last business day next preceding the date of mailing of such notice.
(c) In General. The Certificates (i) shall be issued in fully registered form, without
interest coupons, with the principal of and interest on such Certificates to be payable only to the
registered owners thereof, (ii) may be redeemed prior to their scheduled maturities (notice of which
shall be given to the Paying Agent/Registrar by the Issuer at least 35 days prior to any such
redemption date), (iii) may be converted and exchanged for other Certificates, (iv) may be
transferred and assigned, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and
authenticated, (vii) the principal of and interest on the Certificates shall be payable, and (viii) shall
be administered and the Paying Agent/Registrar and the Issuer shall have certain duties and
responsibilities with respect to the Certificates, all as provided, and in the manner and to the effect
as required or indicated, in the FORM OF CERTIFICATE set forth in this Ordinance. The
Certificate initially issued and delivered pursuant to this Ordinance is not required to be, and shall
not be, authenticated by the Paying Agent/Registrar, but on each substitute Certificate issued in
conversion of and exchange for any Certificate or Certificates issued under this Ordinance the
Paying Agent/Registrar shall execute the PAYING AGENT/REGISTRAR'S AUTHENTICATION
CERTIFICATE, in the form set forth in the FORM OF CERTIFICATE.
(d) Book-Entry Only System. The Certificates issued in exchange for the Certificate
initially issued to the initial purchaser specified herein shall be initially issued in the form of a
separate single fully registered Certificate for each of the maturities thereof. Upon initial issuance,
the ownership of each such Certificate shall be registered in the name of Cede & Co., as nominee
of The Depository Trust Company, New York, New York ("DTC"), and except as provided in
subsection (f) hereof, all of the outstanding Certificates shall be registered in the name of Cede &
Co., as nominee of DTC.
With respect to Certificates registered in the name of Cede & Co., as nominee of DTC, the
Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any securities
brokers and dealers, banks, trust companies, clearing corporations and certain other organizations
on whose behalf DTC was created ("DTC Participant") to hold securities to facilitate the clearance
and settlement of securities transactions among DTC Participants or to any person on behalf of
whom such a DTC Participant holds an interest in the Certificates. Without limiting the immediately
preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or
4
Item 11
obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC
Participant with respect to any ownership interest in the Certificates, (ii) the delivery to any DTC
Participant or any other person, other than a Registered Owner of Certificates, as shown on the
Registration Books, of any notice with respect to the Certificates, or (iii) the payment to any DTC
Participant or any other person, other than a Registered Owner of Certificates, as shown in the
Registration Books of any amount with respect to principal of or interest on the Certificates.
Notwithstanding any other provision of this Ordinance to the contrary, the Issuer and the Paying
Agent/Registrar shall be entitled to treat and consider the person in whose name each Certificate is
registered in the Registration Books as the absolute owner of such Certificate for the purpose of
payment of principal and interest with respect to such Certificate, for the purpose of registering
transfers with respect to such Certificate, and for all other purposes whatsoever. The Paying
Agent/Registrar shall pay all principal of and interest on the Certificates only to or upon the order
of the Registered Owners, as shown in the Registration Books as provided in this Ordinance, or their
respective attorneys duly authorized in writing, and all such payments shall be valid and effective
to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of and
interest on the Certificates to the extent of the sum or sums so paid. No person other than a
Registered Owner, as shown in the Registration Books, shall receive a Certificate evidencing the
obligation of the Issuer to make payments of principal and interest pursuant to this Ordinance. Upon
delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has
determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this
Ordinance with respect to interest checks being mailed to the Registered Owner at the close of
business on the Record date, the words "Cede & Co." in this Ordinance shall refer to such new
nominee of DTC.
(e) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the
event that the Issuer determines that DTC is incapable of discharging its responsibilities described
herein and in the representations letter of the Issuer to DTC or that it is in the best interest of the
beneficial owners of the Certificates that they be able to obtain certificated Certificates, the Issuer
shall (i) appoint a successor securities depository, qualified to act as such under Section 17A of the
Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the
appointment of such successor securities depository and transfer one or more separate Certificates
to such successor securities depository or (ii) notify DTC and DTC Participants of the availability
through DTC of Certificates and transfer one or more separate certificated Certificates to DTC
Participants having Certificates credited to their DTC accounts. In such event, the Certificates shall
no longer be restricted to being registered in the Registration Books in the name of Cede & Co., as
nominee of DTC, but may be registered in the name of the successor securities depository, or its
nominee, or in whatever name or names Registered Owners transferring or exchanging Certificates
shall designate, in accordance with the provisions of this Ordinance.
(f) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to
the contrary, so long as any Certificate is registered in the name of Cede & Co., as nominee of DTC,
all payments with respect to principal of and interest on such Certificate and all notices with respect
to such Certificate shall be made and given, respectively, in the manner provided in the
representations letter of the Issuer to DTC.
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(g) Cancellation of Initial Certificate. On the closing date, one initial Certificate
representing the entire principal amount of the Certificates, payable in stated installments to the
purchaser designated in Section 11 or its designee, executed by manual or facsimile signature of the
Mayor (or in the absence thereof, by the Mayor Pro-tem) and Town Secretary of the Issuer,
approved by the Attorney General of Texas, and registered and manually signed by the Comptroller
of Public Accounts of the State of Texas, will be delivered to such purchaser or its designee. Upon
payment for the initial Certificate, the Paying Agent/Registrar shall cancel the initial Certificate and
deliver to the Depository Trust Company on behalf of such purchaser one registered definitive
Certificate for each year of maturity of the Certificates, in the aggregate principal amount of all of
the Certificates for such maturity.
(h) Conditional Notice of Redemption. With respect to any optional redemption of the
Certificates, unless certain prerequisites to such redemption required by this Ordinance have been
met and moneys sufficient to pay the principal of and premium, if any, and interest on the
Certificates to be redeemed shall have been received by the Paying Agent/Registrar prior to the
giving of such notice of redemption, such notice shall state that said redemption may, at the option
of the Issuer, be conditional upon the satisfaction of such prerequisites and receipt of such moneys
by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon any
prerequisite set forth in such notice of redemption. If a conditional notice of redemption is given
and such prerequisites to the redemption and sufficient moneys are not received, such notice shall
be of no force and effect, the Issuer shall not redeem such Certificates and the Paying
Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the
effect that the Certificates have not been redeemed.
Section 4. FORM OF CERTIFICATES. The form of the Certificates, including the form
of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of
Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached
to the Certificates initially issued and delivered pursuant to this Ordinance, shall be, respectively,
substantially as follows, with such appropriate variations, omissions or insertions as are permitted
or required by this Ordinance.
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(a) [Form of Certificate]
NO. R- UNITED STATES OF AMERICA
STATE OF TEXAS
TOWN OF PROSPER, TEXAS
COMBINATION TAX AND SURPLUS REVENUE
CERTIFICATE OF OBLIGATION, SERIES 2019
PRINCIPAL
AMOUNT
$
Interest Rate Date of Initial Delivery Maturity Date CUSIP No.
July 25, 2019 February 15,____
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
ON THE MATURITY DATE specified above, the Town of Prosper, in Collin and Denton
Counties, Texas (the "Issuer"), being a political subdivision and municipal corporation of the State
of Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns
(hereinafter called the "Registered Owner"), on the Maturity Date specified above, the Principal
Amount specified above. The Issuer promises to pay interest on the unpaid principal amount hereof
(calculated on the basis of a 360-day year of twelve 30-day months) from the Date of Initial Delivery
set forth above at the Interest Rate per annum specified above. Interest is payable on February 15,
2020 and semiannually on each August 15 and February 15 thereafter to the Maturity Date specified
above, or the date of redemption prior to maturity; except, if this Certificate is required to be
authenticated and the date of its authentication is later than the first Record Date (hereinafter
defined), such Principal Amount shall bear interest from the interest payment date next preceding
the date of authentication, unless such date of authentication is after any Record Date but on or
before the next following interest payment date, in which case such principal amount shall bear
interest from such next following interest payment date; provided, however, that if on the date of
authentication hereof the interest on the Certificate or Certificates, if any, for which this Certificate
is being exchanged is due but has not been paid, then this Certificate shall bear interest from the date
to which such interest has been paid in full.
THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money
of the United States of America, without exchange or collection charges. The principal of this
Certificate shall be paid to the registered owner hereof upon presentation and surrender of this
Certificate at maturity, or upon the date fixed for its redemption prior to maturity, at the corporate
trust office of U.S. Bank National Association in Dallas, Texas, which is the "Paying
Agent/Registrar" for this Certificate. The payment of interest on this Certificate shall be made by
the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check
or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and
payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this
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Certificate (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such
purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar
by United States mail, first-class postage prepaid, on each such interest payment date, to the
registered owner hereof, at its address as it appeared on the last day of the month preceding each
such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as
hereinafter described. In addition, interest may be paid by such other method, acceptable to the
Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. In the
event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new
record date for such interest payment (a "Special Record Date") will be established by the Paying
Agent/Registrar, if and when funds for the payment of such interest have been received from the
Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest
(which shall be 15 days after the Special Record Date) shall be sent at least five business days prior
to the Special Record Date by United States mail, first-class postage prepaid, to the address of each
owner of a Certificate appearing on the Registration Books at the close of business on the last
business day next preceding the date of mailing of such notice.
ANY ACCRUED INTEREST due at maturity or upon the redemption of this Certificate
prior to maturity as provided herein shall be paid to the registered owner upon presentation and
surrender of this Certificate for redemption and payment at the corporate trust office of the Paying
Agent/Registrar. The Issuer covenants with the registered owner of this Certificate that on or before
each principal payment date, interest payment date, and accrued interest payment date for this
Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking
Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in
immediately available funds, of all principal of and interest on the Certificates, when due.
IF THE DATE for the payment of the principal of or interest on this Certificate shall be a
Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the
corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive
order to close, then the date for such payment shall be the next succeeding day that is not such a
Saturday, Sunday, legal holiday or day on which banking institutions are authorized to close; and
payment on such date shall have the same force and effect as if made on the original date payment
was due.
THIS CERTIFICATE is one of a series of Certificates dated June 15, 2019, authorized in
accordance with the Constitution and laws of the State of Texas in the principal amount of
$17,230,000 for paying all or a portion of the Issuer's contractual obligations incurred in connection
with (i) acquiring, constructing, installing and equipping additions, improvements, extensions and
equipment for the Issuer's waterworks and sewer system; (ii) constructing, improving, extending,
expanding, upgrading and developing streets and roads and intersections, including utility relocation,
landscaping, sidewalks, traffic safety and operational improvements and the purchase of any
necessary right-of-way and other related costs; (iii) constructing, improving, extending, expanding,
upgrading and developing parks and recreation facilities, including fields, trails, utility relocation,
landscaping, sidewalks and operational improvements, installation of lighting, the purchase of any
necessary rights-of-way, drainage and other related costs; (iv) designing, constructing, improving
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and equipping public safety facilities in the Issuer, including a police station and dispatch facility,
and the acquisition of land and interests in land as necessary for such purposes; and (v) paying legal,
fiscal, engineering and architectural fees in connection with such projects.
THE CERTIFICATES OF THIS SERIES maturing on and after February 15, 2029 may be
redeemed prior to their scheduled maturities on any date on or after February 15, 2028 at the option
of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and,
if in part, the particular Certificates, or portions thereof, to be redeemed shall be selected and
designated by the Issuer (provided that a portion of a Certificate may be redeemed only in an integral
multiple of $5,000), at a redemption price equal to the principal amount to be redeemed plus accrued
interest to the date fixed for redemption.
AT LEAST 30 DAYS prior to the date fixed for any redemption of Certificates or portions
thereof prior to maturity a written notice of such redemption shall be sent by the Paying
Agent/Registrar by United States mail, first-class postage prepaid, at least 30 days prior to the date
fixed for any such redemption, to the registered owner of each Certificate to be redeemed at its
address as it appeared on the 45th day prior to such redemption date; provided, however, that the
failure of the registered owner to receive such notice, or any defect therein or in the sending or
mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption
of any Certificate. By the date fixed for any such redemption due provision shall be made with the
Paying Agent/Registrar for the payment of the required redemption price for the Certificates or
portions thereof that are to be so redeemed. If such written notice of redemption is sent and if due
provision for such payment is made, all as provided above, the Certificates or portions thereof that
are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled
maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be
regarded as being outstanding except for the right of the registered owner to receive the redemption
price from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of
any Certificate shall be redeemed, a substitute Certificate or Certificates having the same maturity
date, bearing interest at the same rate, in any denomination or denominations in any integral multiple
of $5,000, at the written request of the registered owner, and in aggregate principal amount equal
to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof
for cancellation, at the expense of the Issuer, all as provided in the Certificate Ordinance.
ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates,
without interest coupons, in the denomination of any integral multiple of $5,000. As provided in
the Certificate Ordinance, this Certificate may, at the request of the registered owner or the assignee
or assignees hereof, be assigned, transferred, converted into and exchanged for a like aggregate
principal amount of fully registered certificates, without interest coupons, payable to the appropriate
registered owner, assignee or assignees, as the case may be, having the same denomination or
denominations in any integral multiple of $5,000 as requested in writing by the appropriate
registered owner, assignee or assignees, as the case may be, upon surrender of this Certificate to the
Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth
in the Certificate Ordinance. Among other requirements for such assignment and transfer, this
Certificate must be presented and surrendered to the Paying Agent/Registrar, together with proper
instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying
Agent/Registrar, evidencing assignment of this Certificate or any portion or portions hereof in any
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integral multiple of $5,000 to the assignee or assignees in whose name or names this Certificate or
any such portion or portions hereof is or are to be registered. The form of Assignment printed or
endorsed on this Certificate may be executed by the registered owner to evidence the assignment
hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the
Paying Agent/Registrar may be used to evidence the assignment of this Certificate or any portion
or portions hereof from time to time by the registered owner. The Paying Agent/Registrar's
reasonable standard or customary fees and charges for assigning, transferring, converting and
exchanging any Certificate or portion thereof will be paid by the Issuer. In any circumstance, any
taxes or governmental charges required to be paid with respect thereto shall be paid by the one
requesting such assignment, transfer, conversion or exchange, as a condition precedent to the
exercise of such privilege. The Paying Agent/Registrar shall not be required to make any such
transfer, conversion, or exchange (i) during the period commencing with the close of business on
any Record Date and ending with the opening of business on the next following principal or interest
payment date, or (ii) with respect to any Certificate or any portion thereof called for redemption
prior to maturity, within 45 days prior to its redemption date.
IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer,
resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance
that it promptly will appoint a competent and legally qualified substitute therefor, and cause written
notice thereof to be mailed to the registered owners of the Certificates.
IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and
validly authorized, issued and delivered; that all acts, conditions and things required or proper to be
performed, exist and be done precedent to or in the authorization, issuance and delivery of this
Certificate have been performed, existed and been done in accordance with law; that this Certificate
is a general obligation of said Issuer, issued on the full faith and credit thereof; and that annual ad
valorem taxes sufficient to provide for the payment of the interest on and principal of this
Certificate, as such interest comes due and such principal matures, have been levied and ordered to
be levied against all taxable property in said Issuer, and have been pledged for such payment, within
the limit prescribed by law, and that this Certificate is additionally secured by and payable from a
pledge of the revenues of the Issuer's combined Waterworks and Sewer Systems remaining after
payment of all operation and maintenance expenses thereof, and all debt service, reserve and other
requirements in connection with all of the Issuer's revenue obligations (now or hereafter
outstanding) that are payable from all or part of said revenues, all as provided in the Certificate
Ordinance.
BY BECOMING the registered owner of this Certificate, the registered owner thereby
acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by
such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and
available for inspection in the official minutes and records of the governing body of the Issuer, and
agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a
contract between each registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the
manual or facsimile signature of the Mayor (or in the absence thereof, by the Mayor Pro-tem) of the
Issuer and countersigned with the manual or facsimile signature of the Town Secretary of said
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Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on
this Certificate.
(signature) (signature)
Town Secretary Mayor
(SEAL)
(b) [Form of Paying Agent/Registrar's Authentication Certificate]
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Certificate is not accompanied by an
executed Registration Certificate of the Comptroller
of Public Accounts of the State of Texas)
It is hereby certified that this Certificate has been issued under the provisions of the
Certificate Ordinance described in the text of this Certificate; and that this Certificate has been
issued in conversion or replacement of, or in exchange for, a certificate, certificates, or a portion of
a certificate or certificates of a series that originally was approved by the Attorney General of the
State of Texas and registered by the Comptroller of Public Accounts of the State of Texas.
Dated: _______________________________________________
U.S. Bank National Association
Dallas, Texas
Paying Agent/Registrar
By:______________________________
Authorized Representative
(c) [Form of Assignment]
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
_______________________________________________________________________________.
Please insert Social Security or Taxpayer Identification Number of Transferee
______________________________________________________________________________
(Please print or typewrite name and address, including zip code, of Transferee.)
______________________________________________________________________________
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the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints
___________________________________________, attorney, to register the transfer of the within
Certificate on the books kept for registration thereof, with full power of substitution in the premises.
Dated: ___________________________
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed
by an eligible guarantor institution
participating in a securities transfer
association recognized signature guarantee
program.
NOTICE: The signature above must
correspond with the name of the registered
owner as it appears upon the front of this
Certificate in every particular, without
alteration or enlargement or any change
whatsoever.
(d) [Form of Registration Certificate of the Comptroller of Public Accounts]
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Certificate has been examined, certified as to validity and approved
by the Attorney General of the State of Texas, and that this Certificate has been registered by the
Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this
__________________________________________
Comptroller of Public Accounts of the State of Texas
(COMPTROLLER'S SEAL)
(e) [Initial Certificate Insertions]
(i) The initial Certificate shall be in the form set forth is paragraph (a) of this Section,
except that:
A. immediately under the name of the Certificate, the headings "Interest Rate"
and "Maturity Date" shall both be completed with the words "As shown below" and
"CUSIP No. _____" shall be deleted.
B. the first paragraph shall be deleted and the following will be inserted:
"THE TOWN OF PROSPER, TEXAS (the "Issuer"), being a political subdivision and
municipal corporation of the State of Texas, hereby promises to pay to the Registered Owner
specified above, or registered assigns (hereinafter called the "Registered Owner"), on February 15
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in each of the years, in the principal installments and bearing interest at the per annum rates set forth
in the following schedule:
Years
Principal
Installments
Interest
Rates Years
Principal
Installments
Interest
Rates
The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis
of a 360-day year of twelve 30-day months) from the Date of Initial Delivery set forth above at the
respective Interest Rate per annum specified above. Interest is payable on February 15, 2020 and
semiannually on each August 15 and February 15 thereafter to the date of payment of the principal
installment specified above, or the date of redemption prior to maturity; except, that if this
Certificate is required to be authenticated and the date of its authentication is later than the first
Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest
payment date next preceding the date of authentication, unless such date of authentication is after
any Record Date but on or before the next following interest payment date, in which case such
principal amount shall bear interest from such next following interest payment date; provided,
however, that if on the date of authentication hereof the interest on the Certificate or Certificates,
if any, for which this Certificate is being exchanged is due but has not been paid, then this
Certificate shall bear interest from the date to which such interest has been paid in full."
C. The Initial Certificate shall be numbered "T-1."
Section 5. INTEREST AND SINKING FUND. A special "Interest and Sinking Fund" is
hereby created and shall be established and maintained by the Issuer at an official depository bank
of the Issuer. Said Interest and Sinking Fund shall be kept separate and apart from all other funds
and accounts of the Issuer, and shall be used only for paying the interest on and principal of the
Certificates. All amounts received from the sale of the Certificates as accrued interest and ad
valorem taxes levied and collected for and on account of the Certificates shall be deposited, as
collected, to the credit of said Interest and Sinking Fund. During each year while any of the
Certificates are outstanding and unpaid, the governing body of the Issuer shall compute and ascertain
a rate and amount of ad valorem tax that will be sufficient to raise and produce the money required
to pay the interest on the Certificates as such interest comes due, and to provide and maintain a
sinking fund adequate to pay the principal of the Certificates as such principal matures (but never
less than 2% of the original amount of the Certificates as a sinking fund each year); and said tax
shall be based on the latest approved tax rolls of the Issuer, with full allowances being made for tax
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delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby
levied, and is hereby ordered to be levied, against all taxable property in the Issuer, for each year
while any of the Certificates are outstanding and unpaid, and said tax shall be assessed and collected
each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad
valorem taxes sufficient to provide for the payment of the interest on and principal of the
Certificates, as such interest comes due and such principal matures, are hereby pledged for such
payment, within the limit prescribed by law.
Section 6. SURPLUS REVENUES. The Certificates are additionally secured by and
payable from a pledge of the revenues of the Issuer's combined Waterworks and Sewer Systems
remaining after payment of all operation and maintenance expenses thereof, and all debt service,
reserve and other requirements in connection with all of the Issuer's revenue obligations (now or
hereafter outstanding) that are payable from all or part of the Net Revenues of the Issuer's
Waterworks and Sewer Systems, constituting "Surplus Revenues." The Issuer shall deposit such
Surplus Revenues to the credit of the Interest and Sinking Fund created pursuant to Section 5, to the
extent necessary to pay the principal and interest on the Certificates. Notwithstanding the
requirements of Section 5, if Surplus Revenues are actually on deposit in the Interest and Sinking
Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the
amount of taxes that otherwise would have been required to be levied pursuant to Section 5 may be
reduced to the extent and by the amount of the Surplus Revenues then on deposit in the Interest and
Sinking Fund. The Issuer reserves the right, without condition or limitation, to issue other
obligations secured in whole or in part by a parity lien on and pledge of the Surplus Revenues, for
any purpose permitted by law.
Section 7. DEFEASANCE OF CERTIFICATES. (a) Any Certificate and the interest
thereon shall be deemed to be paid, retired and no longer outstanding (a "Defeased Certificate")
within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section
7, when payment of the principal of such Certificate, plus interest thereon to the due date (whether
such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be
made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due
date by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance
with an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment
(1) lawful money of the United States of America sufficient to make such payment or (2) Defeasance
Securities that mature as to principal and interest in such amounts and at such times as will insure
the availability, without reinvestment, of sufficient money to provide for such payment, and when
proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment
of its services until all Defeased Certificates shall have become due and payable. At such time as
a Certificate shall be deemed to be a Defeased Certificate hereunder, as aforesaid, such Certificate
and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of,
the ad valorem taxes or revenues herein levied and pledged as provided in this Ordinance, and such
principal and interest shall be payable solely from such money or Defeasance Securities, and
thereafter the Issuer will have no further responsibility with respect to amounts available to the
Paying Agent/Registrar (or other financial institution permitted by applicable law) for the payment
of such Defeased Certificates, including any insufficiency therein caused by the failure of the Paying
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Agent/Registrar (or other financial institution permitted by applicable law) to receive payment when
due on the Defeasance Securities. Notwithstanding any other provision of this Ordinance to the
contrary, it is hereby provided that any determination not to redeem Defeased Certificates that is
made in conjunction with the payment arrangements specified in subsection 7(a)(i) or (ii) shall not
be irrevocable, provided that: (1) in the proceedings providing for such payment arrangements, the
Issuer expressly reserves the right to call the Defeased Certificates for redemption; (2) gives notice
of the reservation of that right to the owners of the Defeased Certificates immediately following the
making of the payment arrangements; and (3) directs that notice of the reservation be included in
any redemption notices that it authorizes.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written
direction of the Issuer be invested in Defeasance Securities, maturing in the amounts and times as
hereinbefore set forth, and all income from such Defeasance Securities received by the Paying
Agent/Registrar that is not required for the payment of the Certificates and interest thereon, with
respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited
as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money
and/or Defeasance Securities are held for the payment of Defeased Certificates may contain
provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or
the substitution of other Defeasance Securities upon the satisfaction of the requirements specified
in subsection 7(a)(i) or (ii). All income from such Defeasance Securities received by the Paying
Agent/Registrar that is not required for the payment of the Defeased Certificates, with respect to
which such money has been so deposited, shall be remitted to the Issuer or deposited as directed in
writing by the Issuer.
(c) The term "Defeasance Securities" means any securities and obligations now or
hereafter authorized by Texas law that are eligible to refund, defease or otherwise discharge
obligations such as the Certificates.
(d) Until all Defeased Certificates shall have become due and payable, the Paying
Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates
the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide
and pay for such services as required by this Ordinance.
(e) In the event that the Issuer elects to defease less than all of the principal amount of
Certificates of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such
amount of Certificates by such random method as it deems fair and appropriate.
Section 8. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED
CERTIFICATES.
(a) Replacement Certificates. In the event any outstanding Certificate is damaged,
mutilated, lost, stolen or destroyed, the Paying Agent/Registrar shall cause to be printed, executed
and delivered, a new certificate of the same principal amount, maturity and interest rate, as the
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damaged, mutilated, lost, stolen or destroyed Certificate, in replacement for such Certificate in the
manner hereinafter provided.
(b) Application for Replacement Certificates. Application for replacement of damaged,
mutilated, lost, stolen or destroyed Certificates shall be made by the registered owner thereof to the
Paying Agent/Registrar. In every case of loss, theft or destruction of a Certificate, the registered
owner applying for a replacement certificate shall furnish to the Issuer and to the Paying
Agent/Registrar such security or indemnity as may be required by them to save each of them
harmless from any loss or damage with respect thereto. Also, in every case of loss, theft or
destruction of a Certificate, the registered owner shall furnish to the Issuer and to the Paying
Agent/Registrar evidence to their satisfaction of the loss, theft or destruction of such Certificate, as
the case may be. In every case of damage or mutilation of a Certificate, the registered owner shall
surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in
the event any such Certificate shall have matured, and no default has occurred that is then continuing
in the payment of the principal of, redemption premium, if any, or interest on the Certificate, the
Issuer may authorize the payment of the same (without surrender thereof except in the case of a
damaged or mutilated Certificate) instead of issuing a replacement Certificate, provided security or
indemnity is furnished as above provided in this Section.
(d) Charge for Issuing Replacement Certificates. Prior to the issuance of any
replacement certificate, the Paying Agent/Registrar shall charge the registered owner of such
Certificate with all legal, printing, and other expenses in connection therewith. Every replacement
certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate
is lost, stolen or destroyed shall constitute a contractual obligation of the Issuer whether or not the
lost, stolen or destroyed Certificate shall be found at any time, or be enforceable by anyone, and
shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all
other Certificates duly issued under this Ordinance.
(e) Authority for Issuing Replacement Certificates. In accordance with Subchapter D
of Chapter 1201, Government Code, this Section 8 of this Ordinance shall constitute authority for
the issuance of any such replacement certificate without necessity of further action by the governing
body of the Issuer or any other body or person, and the duty of the replacement of such certificates
is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar
shall authenticate and deliver such Certificates in the form and manner and with the effect, as
provided in Section 3(a) of this Ordinance for Certificates issued in conversion and exchange for
other Certificates.
Section 9. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES; BOND
COUNSEL'S OPINION AND ENGAGEMENT; ATTORNEY GENERAL FILING FEE; CUSIP
NUMBERS; OTHER PROCEDURES AND AGREEMENTS. (a) The Mayor of the Issuer is
hereby authorized to have control of the Certificates initially issued and delivered hereunder and all
necessary records and proceedings pertaining to the Certificates pending their delivery and their
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investigation, examination, and approval by the Attorney General of the State of Texas, and their
registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the
Certificates said Comptroller of Public Accounts (or a deputy designated in writing to act for said
Comptroller) shall manually sign the Comptroller's Registration Certificate attached to such
Certificates, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such
Certificate. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP
numbers may, at the option of the Issuer, be printed on the Certificates issued and delivered under
this Ordinance, but neither shall have any legal effect, and shall be solely for the convenience and
information of the registered owners of the Certificates.
(b) The Mayor, Town Manager, Finance Director, Executive Director of Administrative
Services, Town Secretary and all other officers, employees and agents of the Issuer, and each of
them, shall be and they are hereby expressly authorized, empowered and directed from time to time
and at any time to do and perform all such acts and things and to execute, acknowledge and deliver
in the name and on behalf of the Issuer a Paying Agent/Registrar Agreement with the Paying
Agent/Registrar and all other instruments, whether or not herein mentioned, as may be necessary
or desirable in order to carry out the terms and provisions of this Ordinance, the Certificates, the sale
of the Certificates and the Official Statement relating to the Certificates. In case any officer whose
signature shall appear on any Certificate shall cease to be such officer before the delivery of such
Certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if
such officer had remained in office until such delivery.
(c) The obligation of the initial purchaser to accept delivery of the Certificates is subject
to the initial purchaser being furnished with the final, approving opinion of McCall, Parkhurst &
Horton L.L.P., bond counsel to the Issuer, which opinion shall be dated as of and delivered on the
date of initial delivery of the Certificates to the initial purchaser. The engagement of such firm as
bond counsel to the Issuer in connection with issuance, sale and delivery of the Certificates is hereby
approved and confirmed. The execution and delivery of an engagement letter between the Issuer
and such firm, with respect to such services as bond counsel, is hereby authorized in such form as
may be approved by the Mayor of the Issuer and the Mayor is hereby authorized to execute such
engagement letter.
(d) In accordance with the provisions of Section 1202.004, Tex. Gov't Code Ann., in
connection with the submission of the Certificates by the Attorney General of Texas for review and
approval, a statutory fee (an amount equal to 0.1% principal amount of the Certificates, subject to
a minimum of $750 and a maximum of $9,500) is required to be paid to the Attorney General upon
the submission of the transcript of proceedings for the Certificates. The Issuer hereby authorizes
and directs that a check in the amount of the Attorney General filing fee for the Certificates, made
payable to the "Texas Attorney General," be promptly furnished to the Issuer's Bond Counsel, for
payment to the Attorney General in connection with his review of the Certificates.
Section 10. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE
CERTIFICATES. The Issuer covenants to take any action necessary to assure, or refrain from any
action that would adversely affect, the treatment of the Certificates as Obligation described in
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section 103 of the Code, the interest on which is not includable in the "gross income" of the holder
for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows:
(a) to take any action to assure that no more than 10 percent of the proceeds of
the Certificates (less amounts deposited to a reserve fund, if any) are used for any "private
business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the
proceeds or the projects financed therewith are so used, such amounts, whether or not
received by the Issuer, with respect to such private business use, do not, under the terms of
this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for
the payment of more than 10 percent of the debt service on the Certificates, in contravention
of section 141(b)(2) of the Code;
(b) to take any action to assure that in the event that the "private business use"
described in subsection (a) hereof exceeds 5 percent of the proceeds of the Certificates or
the projects financed therewith (less amounts deposited into a reserve fund, if any) then the
amount in excess of 5 percent is used for a "private business use" that is "related" and not
"disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental
use;
(c) to take any action to assure that no amount that is greater than the lesser of
$5,000,000, or 5 percent of the proceeds of the Certificates (less amounts deposited into a
reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state
or local governmental units, in contravention of section 141(c) of the Code;
(d) to refrain from taking any action that would otherwise result in the
Certificates being treated as "private activity bonds" within the meaning of section 141(b)
of the Code;
(e) to refrain from taking any action that would result in the Certificates being
"federally guaranteed" within the meaning of section 149(b) of the Code;
(f) to refrain from using any portion of the proceeds of the Certificates, directly
or indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire
investment property (as defined in section 148(b)(2) of the Code) that produces a materially
higher yield over the term of the Certificates, other than investment property acquired with
–
(1) proceeds of the Certificates invested for a reasonable temporary
period of 3 years or less or, in the case of a refunding bond, for a period of 90 days
or less until such proceeds are needed for the purpose for which the bonds are issued,
(2) amounts invested in a bona fide debt service fund, within the meaning
of section 1.148-1(b) of the Treasury Regulations, and
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(3) amounts deposited in any reasonably required reserve or replacement
fund to the extent such amounts do not exceed 10 percent of the proceeds of the
Certificates;
(g) to otherwise restrict the use of the proceeds of the Certificates or amounts
treated as proceeds of the Certificates, as may be necessary, so that the Certificates do not
otherwise contravene the requirements of section 148 of the Code (relating to arbitrage);
(h) to refrain from using the proceeds of the Certificates or proceeds of any prior
bonds to pay debt service on another issue more than 90 days after the date of issue of the
Certificates in contravention of the requirements of section 149(d) of the Code (relating to
advance refundings); and
(i) to pay to the United States of America at least once during each five-year
period (beginning on the date of delivery of the Certificates) an amount that is at least equal
to 90 percent of the "Excess Earnings," within the meaning of section 148(f) of the Code and
to pay to the United States of America, not later than 60 days after the Certificates have been
paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings
under section 148(f) of the Code.
In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby
established by the Issuer for the sole benefit of the United States of America, and such Fund shall
not be subject to the claim of any other person, including without limitation the certificateholders.
The Rebate Fund is established for the additional purpose of compliance with section 148 of the
Code.
For purposes of the foregoing (a) and (b), the Issuer understands that the term "proceeds"
includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding
bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date
of issuance of the Certificates. It is the understanding of the Issuer that the covenants contained
herein are intended to assure compliance with the Code and any regulations or rulings promulgated
by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are
hereafter promulgated that modify or expand provisions of the Code, as applicable to the
Certificates, the Issuer will not be required to comply with any covenant contained herein to the
extent that such failure to comply, in the opinion of nationally recognized bond counsel, will not
adversely affect the exemption from federal income taxation of interest on the Certificates under
section 103 of the Code. In the event that regulations or rulings are hereafter promulgated that
impose additional requirements applicable to the Certificates, the Issuer agrees to comply with the
additional requirements to the extent necessary, in the opinion of nationally recognized bond
counsel, to preserve the exemption from federal income taxation of interest on the Certificates under
section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs
the Mayor to execute any documents, certificates or reports required by the Code and to make such
elections, on behalf of the Issuer, that may be permitted by the Code as are consistent with the
purpose for the issuance of the Certificates.
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Section 11. SALE OF THE CERTIFICATES; APPROVAL OF OFFICIAL STATEMENT;
APPLICATION OF PROCEEDS. (a) The Certificates are hereby sold and shall be delivered to
Stifel, Nicolaus & Company, Incorporated (the "Purchaser"), at a price of $_________, representing
the par amount of $17,230,000.00, plus a net premium of $__________. The Certificates shall
initially be registered in the name of the Purchaser.
(b) It is hereby officially found, determined and declared that the Certificates have been
sold at public sale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant
to an Official Notice of Sale and Bidding Instructions. It is further officially found, determined and
declared that the Certificates have been offered pursuant to a Preliminary Official Statement dated
June __, 2019, prepared and distributed in connection with the sale of the Certificates. Said
Preliminary Official Statement, the Official Statement dated June 25, 2019, and any addenda,
supplement or amendment thereto, have been and are hereby approved by the governing body of the
Issuer, and its use in the offer and sale of the Certificates is hereby approved. It is further officially
found, determined and declared that the statements and representations contained in said Official
Statement are true and correct in all material respects, to the best knowledge and belief of the Town
Council.
(c) The net premium received from the sale of the Certificates, in the amount of
$__________, shall be applied as follows: the amount of (i) $________ shall be deposited to the
construction fund (for a total deposit thereto of $_________) of the Issuer to be used for the
construction of the Project, (ii) $_________ shall be applied to pay the costs of issuance of the
Certificates and (iii) $________ shall be deposited to the Interest and Sinking Fund for the
Certificates.
Section 12. ALLOCATION OF CERTIFICATE PROCEEDS. The Issuer covenants to
account for the expenditure of sale proceeds and investment earnings to be used for the construction
and acquisition of the Project on its books and records by allocating proceeds to expenditures within
18 months of the later of the date that (1) the expenditure is made, or (2) the Project is completed.
The foregoing notwithstanding, the Issuer shall not expend proceeds of the sale of the Certificates
or investment earnings thereon more than 60 days after the earlier of (1) the fifth anniversary of the
delivery of the Certificates, or (2) the date the Certificates are retired, unless the Issuer obtains an
opinion of nationally-recognized bond counsel that such expenditure will not adversely affect the
status, for federal income tax purposes, of the Certificates or the interest thereon. For purposes
hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that
such failure to comply will not adversely affect the excludability for federal income tax purposes
from gross income of the interest.
Section 13. DISPOSITION OF PROJECT. The Issuer covenants that the Project will not
be sold or otherwise disposed of in a transaction resulting in the receipt by the Issuer of cash or other
compensation, unless any action taken in connection with such disposition will not adversely affect
the tax-exempt status of the Certificates. For purpose of the foregoing, the Issuer may rely on an
opinion of nationally-recognized bond counsel that the action taken in connection with such sale or
other disposition will not adversely affect the tax-exempt status of the Certificates. For purposes
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of the foregoing, the portion of the property comprising personal property and disposed in the
ordinary course shall not be treated as a transaction resulting in the receipt of cash or other
compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant
if it obtains an opinion that such failure to comply will not adversely affect the excludability for
federal income tax purposes from gross income of the interest.
Section 14. INTEREST EARNINGS ON CERTIFICATE PROCEEDS; APPROPRIATION.
(a) Interest earnings, if any, derived from the investment of proceeds from the sale of the
Certificates shall be used along with other certificate proceeds for the Project; provided that after
completion of such purpose, if any of such interest earnings remain on hand, such interest earnings
shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest
earnings on certificate proceeds that are required to be rebated to the United States of America
pursuant to Section 10 hereof in order to prevent the Certificates from being arbitrage bonds shall
be so rebated and not considered as interest earnings for the purposes of this Section.
(b) To pay principal and interest coming due on the Certificates on February 15, 2020,
there is hereby appropriated from current funds on hand, which are hereby certified to be on hand
and available for such purpose, an amount sufficient to pay such debt service, and such amount shall
be used for no other purpose.
Section 15. CONSTRUCTION FUND. The Issuer hereby creates and establishes and shall
maintain on the books of the Issuer a separate fund to be entitled the "Series 2019 Combination Tax
and Surplus Revenue Certificate of Obligation Construction Fund" for use by the Issuer for payment
of all lawful costs associated with the acquisition and construction of the Project as hereinbefore
provided. Upon payment of all such costs, any moneys remaining on deposit in said Fund shall be
transferred to the Interest and Sinking Fund. Amounts so deposited to the Interest and Sinking Fund
shall be used in the manner described in Section 5 of this Ordinance.
Section 16. COMPLIANCE WITH RULE 15c2-12.
(a) Definitions. As used in this Section, the following terms have the meanings ascribed to
such terms below:
"Financial Obligation" means a (a) debt obligation; (b) derivative instrument entered into in
connection with, or pledged as security or a source of payment for, an existing or planned
debt obligation; or (c) guarantee of a debt obligation or any such derivative instrument;
provided that "financial obligation" shall not include municipal securities as to which a final
official statement (as defined in the Rule) has been provided to the MSRB consistent with
the Rule.
"MSRB" means the Municipal Securities Rulemaking Board.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
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"SEC" means the United States Securities and Exchange Commission.
(b) Annual Reports. (i) The Issuer shall provide annually to the MSRB, in the electronic
format prescribed by the MSRB, financial information and operating data with respect to the Issuer
of the general type included in the final Official Statement authorized by this Ordinance, being the
financial information and operating data with respect to the District of the general type included in
this Official Statement in Tables 1 through 5 and Tables 7 through 14 (the "Annual Operating
Report"). The Issuer will additionally provide financial statements of the Issuer (the "Financial
Statements"), that will be (A) prepared in accordance with the accounting principles described in
the notes to the financial statements that are attached to the Official Statement as Appendix B, or
such other accounting principles as the Issuer may be required to employ from time to time pursuant
to state law or regulation, and shall be in substantially the form included in the final Official
Statement and (B) audited, if the Issuer commissions an audit of such Financial Statements and the
audit is completed within the period during which they must be provided. The Issuer will update
and provide the Annual Operating Report within six months after the end of each fiscal year and the
Financial Statements within 12 months of the end of each fiscal year, in each case beginning with
the fiscal year ending in and after 2019. The Issuer may provide the Financial Statements earlier,
including at the time it provides its Annual Operating Report, but if the audit of such Financial
Statements is not complete within 12 months after any such fiscal year end, then the Issuer shall file
unaudited Financial Statements within such 12-month period and audited Financial Statements for
the applicable fiscal year, when and if the audit report on such Financial Statements becomes
available.
(ii) If the Issuer changes its fiscal year, it will notify the MSRB of the change (and of the
date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be
required to provide financial information and operating data pursuant to this Section. The financial
information and operating data to be provided pursuant to this Section may be set forth in full in one
or more documents or may be included by specific reference to any documents available to the
public on the MSRB's internet website or filed with the SEC.
(iii) Event Notices. The Issuer shall notify the MSRB, in a timely manner not in excess of
ten Business Days after the occurrence of the event, of any of the following events with respect to
the Certificates:
1. Principal and interest payment delinquencies;
2. Non-payment related defaults, if material;
3. Unscheduled draws on debt service reserves reflecting financial difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or
final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB)
or other material notices or determinations with respect to the tax status of the
Certificates, or other material events affecting the tax status of the Certificates;
7. Modifications to rights of holders of the Certificates, if material;
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8. Certificate calls, if material, and tender offers;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the Certificates, if
material;
11. Rating changes;
12. Bankruptcy, insolvency, receivership or similar event of the Issuer;
13. The consummation of a merger, consolidation, or acquisition involving the Issuer or
the sale of all or substantially all of the assets of the Issuer, other than in the ordinary
course of business, the entry into a definitive agreement to undertake such an action
or the termination of a definitive agreement relating to any such actions, other than
pursuant to its terms, if material;
14. Appointment of a successor trustee or change in the name of the trustee, if material;
15. Incurrence of a Financial Obligation of the Issuer, if material, or agreement to
covenants, events of default, remedies, priority rights, or other similar terms of a
Financial Obligation of the Issuer, any of which affect security holders, if material;
and
16. Default, event of acceleration, termination event, modification of terms, or other
similar events under the terms of a Financial Obligation of the Issuer, any of which
reflect financial difficulties.
The Issuer shall notify the MSRB, in a timely manner, of any failure by the Issuer to provide
financial information or operating data in accordance with subsection (i) of this Section by the time
required by subsection (i). As used in clause (iii)12 above, the phrase "bankruptcy, insolvency,
receivership or similar event" means the appointment of a receiver, fiscal agent or similar officer
for the Issuer in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state
or federal law in which a court of governmental authority has assumed jurisdiction over substantially
all of the assets or business of the Issuer, or if jurisdiction has been assumed by leaving the Board
and officials or officers of the Issuer in possession but subject to the supervision and orders of a
court or governmental authority, or the entry of an order confirming a plan of reorganization,
arrangement or liquidation by a court or governmental authority having supervision or jurisdiction
over substantially all of the assets or business of the Issuer.
(iv) Limitations, Disclaimers, and Amendments. (A) The Issuer shall be obligated to
observe and perform the covenants specified in this Section for so long as, but only for so long as,
the Issuer remains an "obligated person" with respect to the Certificates within the meaning of the
Rule, except that the Issuer in any event will give notice of any deposit made in accordance with this
Ordinance or applicable law that causes the Certificates no longer to be outstanding.
(B) The provisions of this Section are for the sole benefit of the registered owners and
beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any
benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer
undertakes to provide only the financial information, operating data, financial statements, and
notices which it has expressly agreed to provide pursuant to this Section and does not hereby
undertake to provide any other information that may be relevant or material to a complete
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presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update
any information provided in accordance with this Section or otherwise, except as expressly provided
herein. The Issuer does not make any representation or warranty concerning such information or
its usefulness to a decision to invest in or sell Certificates at any future date.
(C) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE
REGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER
PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART
FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON
ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND
REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF
ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR
SPECIFIC PERFORMANCE.
(D) No default by the Issuer in observing or performing its obligations under this Section
shall comprise a breach of or default under the Ordinance for purposes of any other provision of this
Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the Issuer under federal and state securities laws.
(E) The provisions of this Section may be amended by the Issuer from time to time to adapt
to changed circumstances that arise from a change in legal requirements, a change in law, or a
change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions
of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates
in the primary offering of the Certificates in compliance with the Rule, taking into account any
amendments or interpretations of the Rule since such offering as well as such changed circumstances
and (2) either (a) the registered owners of a majority in aggregate principal amount (or any greater
amount required by any other provision of this Ordinance that authorizes such an amendment) of
the outstanding Certificates consent to such amendment or (b) a person that is unaffiliated with the
Issuer (such as nationally recognized bond counsel) determined that such amendment will not
materially impair the interest of the registered owners and beneficial owners of the Certificates. If
the Issuer so amends the provisions of this Section, it shall include with any amended financial
information or operating data next provided in accordance with subsection (b) of this Section an
explanation, in narrative form, of the reason for the amendment and of the impact of any change in
the type of financial information or operating data so provided. The Issuer may also amend or repeal
the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable
provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule
are invalid, but only if and to the extent that the provisions of this sentence would not prevent an
underwriter from lawfully purchasing or selling Certificates in the primary offering of the
Certificates.
Section 17. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend
this Ordinance subject to the following terms and conditions, to-wit:
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(a) The Issuer may from time to time, without the consent of any holder, except as
otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure
any ambiguity, defect or omission in this Ordinance that does not materially adversely affect the
interests of the holders, (ii) grant additional rights or security for the benefit of the holders, (iii) add
events of default as shall not be inconsistent with the provisions of this Ordinance and which shall
not materially adversely affect the interests of the holders, (v) qualify this Ordinance under the Trust
Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time
in effect, or (iv) make such other provisions in regard to matters or questions arising under this
Ordinance as shall not be inconsistent with the provisions of this Ordinance and which shall not in
the opinion of the Issuer's Bond Counsel materially adversely affect the interests of the holders.
(b) Except as provided in paragraph (a) above, the holders of Certificates aggregating
in principal amount 51% of the aggregate principal amount of then outstanding Certificates which
are the subject of a proposed amendment shall have the right from time to time to approve any
amendment hereto which may be deemed necessary or desirable by the Issuer; provided, however,
that without the consent of 100% of the holders in aggregate principal amount of the then
outstanding Certificates, nothing herein contained shall permit or be construed to permit amendment
of the terms and conditions of this Ordinance or in any of the Certificates so as to:
(1) Make any change in the maturity of any of the outstanding Certificates;
(2) Reduce the rate of interest borne by any of the outstanding Certificates;
(3) Reduce the amount of the principal of, or redemption premium, if any,
payable on any outstanding Certificates;
(4) Modify the terms of payment of principal or of interest or redemption
premium on outstanding Certificates or any of them or impose any condition with
respect to such payment; or
(5) Change the minimum percentage of the principal amount of any series of
Certificates necessary for consent to such amendment.
(c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the
Issuer shall send by U.S. mail to each registered owner of the affected Certificates a copy of the
proposed amendment and cause notice of the proposed amendment to be published at least once in
a financial publication published in The City of New York, New York or in the State of Texas. Such
published notice shall briefly set forth the nature of the proposed amendment and shall state that a
copy thereof is on file at the office of the Issuer for inspection by all holders of such Certificates.
(d) Whenever at any time within one year from the date of publication of such notice the
Issuer shall receive an instrument or instruments executed by the holders of at least 51% in
aggregate principal amount of all of the Certificates then outstanding which are required for the
amendment, which instrument or instruments shall refer to the proposed amendment and which shall
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specifically consent to and approve such amendment, the Issuer may adopt the amendment in
substantially the same form.
(e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this
Section, this Ordinance shall be deemed to be modified and amended in accordance with such
amendatory Ordinance, and the respective rights, duties, and obligations of the Issuer and all holders
of such affected Certificates shall thereafter be determined, exercised, and enforced, subject in all
respects to such amendment.
(f) Any consent given by the holder of a Certificate pursuant to the provisions of this
Section shall be irrevocable for a period of six months from the date of the publication of the notice
provided for in this Section, and shall be conclusive and binding upon all future holders of the same
Certificate during such period. Such consent may be revoked at any time after six months from the
date of the publication of said notice by the holder who gave such consent, or by a successor in title,
by filing notice with the Issuer, but such revocation shall not be effective if the holders of 51% in
aggregate principal amount of the affected Certificates then outstanding, have, prior to the attempted
revocation, consented to and approved the amendment.
For the purposes of establishing ownership of the Certificates, the Issuer shall rely solely
upon the registration of the ownership of such Certificates on the registration books kept by the
Paying Agent/Registrar.
Section 18. CONTINUED PERFECTION OF SECURITY INTEREST. Chapter 1208,
Government Code, applies to the issuance of the Certificates and the pledge of the ad valorem taxes
granted by the Issuer under Section 5 of this Ordinance and the pledge of the Surplus Revenues
under Section 6 of this Ordinance, and such pledge is therefore valid, effective, and perfected. If
Texas law is amended at any time while the Certificates are outstanding and unpaid such that the
pledge of the taxes granted by the Issuer under Section 5 of this Ordinance or the pledge of the
Surplus Revenues under Section 6 of this Ordinance is to be subject to the filing requirements of
Chapter 9, Business & Commerce Code, then in order to preserve to the registered owners of the
Certificates the perfection of the security interest in said pledges, the Issuer agrees to take such
measures as it determines are reasonable and necessary under Texas law to comply with the
applicable provisions of Chapter 9, Business & Commerce Code and enable a filing to perfect the
security interest in said pledges to occur.
Section 19. INCONSISTENT PROVISIONS. All indentures, ordinances or resolutions, or
parts thereof, that are in conflict or inconsistent with any provision of this Ordinance are hereby
repealed to the extent of such conflict and the provisions of this Ordinance shall be and remain
controlling as to the matters contained herein.
Section 20. GOVERNING LAW. This Ordinance shall be construed and enforced in
accordance with the laws of the State of Texas and the United States of America.
Section 21. SEVERABILITY. If any provision of this Ordinance or the application thereof
to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application
thereof to other circumstances shall nevertheless be valid, and this governing body hereby declares
that this Ordinance would have been enacted without such invalid provision.
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Item 11
Section 22. EVENTS OF DEFAULT. Each of the following occurrences or events for the
purpose of this Ordinance is hereby declared to be an event of default (an "Event of Default"):
(i) the failure to make payment of the principal of or interest on any of the Certificates when
the same becomes due and payable; or
(ii) default in the performance or observance of any other covenant, agreement or obligation
of the Issuer, the failure to perform which materially, adversely affects the rights of the
Registered Owners, including, but not limited to, their prospect or ability to be repaid in
accordance with this Ordinance, and the continuation thereof for a period of 60 days after
notice of such default is given by any Registered Owner to the Issuer.
Section 23. REMEDIES FOR DEFAULT. (a) Upon the happening of any Event of Default,
then and in every case, any Registered Owner or an authorized representative thereof, including, but
not limited to, a trustee or trustees therefor, may proceed against the may proceed against the Issuer
or the Town Council of the Issuer, as appropriate for the purpose of protecting and enforcing the
rights of the Registered Owners under this Ordinance, by mandamus or other suit, action or special
proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by
law, including the specific performance of any covenant or agreement contained herein, or thereby
to enjoin any act or thing that may be unlawful or in violation of any right of the Registered Owners
hereunder or any combination of such remedies.
(b) It is provided that all such proceedings shall be instituted and maintained for the
equal benefit of all Registered Owners of Certificates then outstanding.
Section 24. REMEDIES NOT EXCLUSIVE. (a) No remedy herein conferred or reserved
is intended to be exclusive of any other available remedy or remedies, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy given hereunder or under
the Certificates or now or hereafter existing at law or in equity; provided, however, that
notwithstanding any other provision of this Ordinance, the right to accelerate the debt evidenced by
the Certificates shall not be available as a remedy under this Ordinance.
(b) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver
of any other available remedy.
(c) By accepting the delivery of a Certificate authorized under this Ordinance, such
Registered Owner agrees that the certifications required to effectuate any covenants or
representations contained in this Ordinance do not and shall never constitute or give rise to a
personal or pecuniary liability or charge against the officers, employees or trustees of the Issuer or
the Town Council of the Issuer.
Section 25. EFFECTIVE DATE. In accordance with the provisions of V.T.C.A.,
Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its
adoption by the Town Council.
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Item 11
Page 1 of 2
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 25, 2019
Agenda Item:
Discussion regarding design standards for Network Nodes.
Description of Agenda Item:
On September 1, 2017, Texas Senate Bill 1004 become effective, which granted wireless
service providers access to public right-of-way for the placement of their facilities. It specifically
allowed network providers the right to mount their equipment (network nodes) on municipal
service poles, which includes traffic signal poles, non-decorative streetlights, and street signs,
as well as the right to install support poles for their facilities.
On August 22, 2017, the Town Council adopted an ordinance providing for a Design Manual
regulating network nodes. The Manual states, “the color of the network nodes shall match the
existing pole color such that the network nodes blend with the color of the pole to the extent
possible. Town reserves the right to deny a certain style of node due to its difference in color to
pole.” While this provision addresses network nodes on existing facilities, it does not specifically
indicate a required style and/or color of standalone facilities.
According to the Town Attorney, the Town has the authority to regulate the
design of network nodes and support structures, as long as it does not
conflict with state law. Further, the Design Manual may be amended from
time to time by the Right-of-Way Manager. As such, the Right-of-Way
Manager has updated the Design Manual to include a requirement for the
design of standalone network nodes. The Manual has been updated to
include the following:
III. Permitting, 3.2 Installation of New Poles
I. The style and color of network node poles shall be consistent with existing
network node poles (example to right) and/or existing Town poles within the
immediate vicinity of a proposed new facility. Town reserves the right to
deny a certain style or color of pole due to its difference in existing facilities
or nearby color of poles.
Prosper is a place where everyone matters.
PLANNING
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Attached Documents:
1. Network Node Exhibit
2. Updated Design Manual (redlined)
Staff Recommendation:
Staff recommends the Town Council provide any feedback regarding the proposed update.
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1•4752 Acacia Parkway•100 E. Broadway Street(Current Post Office)•105 S. Church Street•455 S. Craig Road•254 Prosper Commons•1164 E. Prosper Trail•2615 E. Prosper Trail•155 W. Prosper Trail•955 W. Prosper Trail•1554 W. Prosper Trail•785 Redstem Drive•655 Richland BoulevardPermitted Network Nodes Item 12
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Town of Prosper, Texas
Wireless Services (Small Cells) Design Manual
I. Purpose
1. Purpose.
A. The Town of Prosper encourages the deployment of state-of-the-art small cell wireless
technology within the Town for the many benefits it promises the citizens of Prosper including
increased connectivity and reliable networks and services.
B. The standards and procedures provided in this Wireless Services Design Manual are adopted to
protect the health, safety, and welfare of the public by minimizing and reducing impacts to
public safety within the Town’s Right-of-Way and to minimize and reduce impacts to the
Town, its residents and visitors; and for the general health and welfare of the public.
C. Due to the increasing number of facilities in the Town’s Right-of-Way, the Town has amended
Chapter 13 Utilities to include Article 13.08, “Right-of-Way Management”, which is applicable
to all public service providers including Wireless Service Providers or Network Providers
(collectively, “Providers”) as defined by Chapter 284 of the Texas Local Government Code.
D. In addition, the Town has adopted this Wireless Services Design Manual to provide technical
criteria and details necessary for Providers seeking to install and construct network nodes and
node support poles in the Town’s Right-of-Way.
E. Providers shall adhere to the requirements found in Article 13.08, “Right-of-Way Management”
of Chapter 13 Utilities, the General Construction Notes, and this Wireless Services Design
Manual for the placement of their facilities within the Town’s Right-of-Way.
F. To the extent of any conflict with the General Construction Notes, this Wireless Services Design
Manual shall control with regard to a Provider.
II. Definitions
For purposes of this Wireless Services Design Manual the following terms shall have the same meanings
herein. When not inconsistent with the context, words used in the present tense include the future;
words in the plural number include the singular number, and words in the singular include the plural.
The word "shall" is always mandatory and not merely permissive.
A. “Abandon” and its derivatives means the network nodes and node support poles, or portion
thereof, that have been left by Provider in an unused or non-functioning condition for more than
120 consecutive days unless, after notice to Provider, Provider has established to the reasonable
satisfaction of the Town that the network nodes and node support poles, or portion thereof, has
the ability to provide communications.
B. “Network node” means Provider’s equipment as defined by Chapter 284 of the Texas Local
Government Code.
C. “Node support pole” means a pole as defined by Chapter 284 of the Texas Local Government
Code.
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D. “Park” means the various properties under the direction, control and supervision of the Town’s
Director of Parks and Recreation Department pursuant to the authority granted by Town Council
and the Town Code of Ordinances.
E. “Permit” means a document issued by the Town authorizing installation, removal, modification
and other work for Provider’s network nodes or node support poles in accordance with the
approved plans and specifications.
F. “Right-of-Way” means the area on, below, or above a public roadway, highway, street, public
sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The
term does not include a private easement or the airwaves above a public right-of-way with
regard to wireless telecommunications.
G. “Town” means the Town of Prosper, Texas and the Town’s officers and employees.
H. “Traffic Signal” means any device, whether manually, electrically, or mechanically operated
by which traffic is alternately directed to stop and to proceed.
III. Permitting
3.1 Attachment to Existing Poles.
Prior to installation or modification of a network node or node support pole, Provider shall complete
and submit to the Town a Right-of-Way Permit application, along with standard required documents
and the following items:
A. Permit fee.
B. Aerial Map showing the location of the existing pole to which the network node is proposed to be
attached, and a street view image.
C. Plans and drawings prepared by a professional engineer licensed in the State of Texas that has
evaluated the existing pole or infrastructure for structural stability to carry proposed network
nodes and can bear the wind load without pole modification or whether the installation will
require pole re-enforcement. If pole re-enforcement is necessary, Provider shall provide
engineering design and specification drawings for the proposed alteration to the existing pole.
Any pole re-enforcement or replacement shall be at Provider’s sole cost. All re-enforcement or
replacement poles shall match the character of the pre-existing pole in order to blend into the
surrounding environment and be visually unobtrusive. The Town reserves the right to deny a
certain type of pole due to its differences.
D. Scaled dimensioned drawings or pictures of the proposed attachments of the network node to
the existing poles or structures as well as any other proposed equipment associated with the
proposal, indicating the spacing from existing curb, driveways, sidewalk, and other existing light
poles and any other poles or appurtenances. This shall include a before-and-after image of
the pole and all proposed attachments and associated standalone equipment.
E. Scaled dimensioned construction plans indicating the current Right-of-Way line and showing
the proposed underground conduit and equipment, and its spacing from existing utilities. The
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drawings shall also show a sectional profile of the Right-of-Way and identify all existing utilities
and existing utility conflicts.
F. If a Town pole is proposed, the Town pole ID number shall be provided.
G. The applicant needs to provide analysis that the proposed network node shall not cause any
interference with Town public safety radio system, traffic signal light system, or other
communications components. It shall be the responsibility of the Provider to evaluate, prior to
making the application for the permit, the compatibility between the existing Town infrastructure
and the Provider’s proposed infrastructure. A network node shall not be installed in a location
that causes any interference. Network nodes shall not be allowed on Town’s public safety
radio infrastructure.
H. A traffic control plan, SWPPP, and trench safety plan may also be required based on the proposed
scope of work.
I. The Town issued Right-of-Way permit authorizes use of its Right-of-Way. Providers/applicants
are responsible for obtaining permission on non-Town -owned infrastructure. If the project lies
within the State Right-of-Way, the applicant must provide evidence of a permit from the State.
The proposal shall comply with the following standards:
A. Any facilities located off pole must remain in cabinetry or enclosed structure underground,
except for the electric meter pedestal. Facilities on pole shall be concealed or enclosed as
much as possible in an equipment box, cabinet, or other unit that may include ventilation
openings. There shall be no external cables or electric wire/cables on pole or structures or aerial
wires or cables extending from the pole or structure.
B. The electrical meter shall not be mounted on a Town’s metal pole or structure. Provider shall
use 240 voltage when connecting to any Town infrastructure and provide key to meter upon
inspection.
C. All attachments to a pole that are projecting, or any equipment or appurtenance mounted on the
ground, shall comply with TAS, ADA and shall not obstruct an existing or planned sidewalk or
walkway.
D. All proposed projecting attachments to the pole shall provide a minimum vertical clearance of
eight (8) feet. If any attachments are projecting towards the street side, it shall provide a
minimum vertical clearance of 16 feet.
E. The color of the network nodes shall match the existing pole color such that the network nodes
blend with the color of the pole to the extent possible. Town reserves the right to deny a
certain style of node due to its difference in color to pole.
F. There shall be no other pole, with small cell attachments permitted/under application review,
within 300 feet of the subject pole.
3.2 Installation of New Poles.
Prior to installation or modification of a node support pole, Provider shall complete and submit to the
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Town a Commercial Building Permit application for the new pole, as well as a Right-of-Way Permit
application. Along with standard required documents, the following items will also be required for the
ROW Permit application:
A. Permit fee.
B. Map showing intended location of the node support pole. Aerial Map showing the location of the
proposed new pole, and a street view image.
C. The applicant will need to provide analysis showing that the proposed new node Support pole
is spaced at least three hundred (300) linear feet from another existing pole that is capable of
supporting network nodes along the proposed location, unless otherwise approved by the Town in
writing.
D. Scaled dimensioned drawings or pictures of the proposed node support pole as well as any other
proposed equipment associated with the proposal, indicating the spacing from existing curb,
driveways, sidewalk, light poles, and any other poles or appurtenances. This shall include a before-
and-after street view image. The after-image needs to include the proposed pole and all
proposed attachments and associated standalone equipment.
E. Scaled dimensioned construction plans indicating the current Right-of-Way line and showing
the proposed underground conduit and equipment, its spacing from existing lines. The drawings
shall also show a sectional profile of the Right-of-Way and identify all existing utilities and
existing utility conflicts.
F. A traffic control plan, SWPPP, and trench safety plan may also be required based on the proposed
scope of work.
G. The applicant needs to provide analysis that the proposed network node shall not cause any
interference with Town public safety radio system, traffic signal light system, or other
communications components. It shall be the responsibility of Provider to evaluate, prior to
making application for permit, the compatibility between the existing Town infrastructure and
Provider’s proposed infrastructure. A network node shall not be installed in a location that causes
any interference. Network nodes shall not be allowed on Town’s public safety radio infrastructure.
H. If the project lies within the State Right-of-Way, the applicant must provide evidence of a permit
from the State.
I. The style and color of network node poles shall be consistent with existing
network node poles (example to right) and/or existing Town poles within
the immediate vicinity of a proposed new facility. Town reserves the right
to deny a certain style or color of pole due to its difference in existing
facilities or nearby color of poles.
The proposal shall comply with the following standards:
A. Any facilities located off pole must remain in cabinetry or enclosed structure
underground. Facilities on pole shall be concealed or enclosed as much as
possible in an equipment box, cabinet, or other unit that may include
ventilation openings. There shall be no external cables or electric wire/cables on
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pole or structures or aerial wires or cables extending from the pole or structure. Shrouded poles,
as shown in the image, are encouraged.
B. The electrical meter shall not be mounted on Town’s poles or structures. Provider shall coordinate
voltage and provide electrical wiring diagrams along with the Building Permit or Electrical
Permit when connecting to any Town infrastructure and provide key to meter upon inspection.
C. The pole and all attachments to the pole that are projecting, or any equipment or appurtenance
mounted on the ground shall comply with TAS, ADA and shall not obstruct an existing or planned
sidewalk or walkway.
D. Wooden poles are prohibited. All new poles are required to be break-away and black powder-
coated. All attachments for the network nodes shall also match the color of the network support
pole. All network support poles shall match the existing poles in the surrounding block or
district in which the network support pole is located in order to blend into the surrounding
environment and be visually unobtrusive. Town reserves the right to deny a certain type of
pole due to its differences.
E. Upon approval of the permit, the Provider shall call for locates. If Town utility locates are needed,
Provider is required to contact the Town of Prosper Public Works.
3.3. Electrical Permit.
A. Provider shall be responsible for obtaining any required electrical power service to the network
nodes and node support poles or structures. Provider’s electrical supply shall be separately
metered from the Town and must match Town infrastructure voltage.
B. Provider shall provide Town with the electrical permit and provide sealed engineered drawings
for conduit size, circuit size, calculations for amps, distances running, etc.
IV. Network Node and Node Support Pole Requirements
4.1. Installation.
Provider shall, at its own cost and expense, install the network nodes and node support poles in a good
and workmanlike manner and in accordance with the requirements promulgated by the Wireless Services
Design Manual, “Right-of-Way Management” Ordinance, the Public Right-of-Way Permitting and
Construction Manual and all other applicable laws, ordinances, codes, rules and regulations of the
Town, the state, and the United States (“Laws”), as such may be amended from time to time.
Provider’s work shall be subject to the regulation, control and direction of the Town. All work done
in connection with the installation, operation, maintenance, repair, modification, and/or replacement of
the network nodes and node support poles shall be in compliance with all applicable Laws.
4.2 Inspections.
The Town may perform visual inspections of any network nodes and node support poles located in the
Right-of-Way as the Town deems appropriate without notice. If the inspection requires physical contact
with the network nodes or node support poles, the Town shall provide written notice to the Provider
within five business days of the planned inspection. Provider may have a representative present during
such inspection.
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In the event of an emergency situation, the Town may, but is not required to, notify Provider of an
inspection. The Town may take action necessary to remediate the emergency situation and the Town
shall notify Provider as soon as practically possible after remediation is complete.
4.3. Placement.
A. Parks. Placement of network nodes and node support poles in any Parks, Park roads, sidewalk,
or property is prohibited unless such falls within the definition of Public right-of-way in Chapter
284 of the Texas Local Government Code and the placement complies with applicable Laws,
private deed restrictions, and other public or private restrictions on the use of the Park.
B. Town Infrastructure. Provider shall neither allow nor install network nodes or node support
poles on any Town property that falls outside the definition of Public Right-of-Way in Chapter 284
of the Texas Local Government Code.
C. Residential Streets. Provider shall neither allow nor install network nodes or node support
poles in Right-of-Way that is adjacent to a street or thoroughfare that is not more than 50 feet
wide and adjacent to single-family residential lots or other multifamily residences or undeveloped
land that is designated for residential use by zoning or deed restrictions.
D. Historic District. Provider shall neither allow nor install network nodes or node support poles in
Right-of-Way that is within a Historic District as defined by Chapter 284 of the Texas Local
Government Code, unless approved by the Town in writing.
E. Decorative Poles. Provider shall neither allow nor install network nodes on a Decorative Pole
as defined by Chapter 284 of the Texas Local Government Code, unless approved by the
Town in writing. The Town may only entertain proposals, if they are stealth. See examples
below.
F. Poles. Wireless Facilities on a node support poles shall be installed at least eight (8) feet above
the ground. If any attachments are projecting towards the street side, it shall provide a minimum
vertical clearance of 16 feet.
G. Right-of-Way. Node support poles and ground equipment shall be placed, as much as possible,
within two feet of the outer edge of the Right-of-Way line. Node support poles and ground
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equipment or network nodes shall not impede pedestrian or vehicular traffic in the Right-of-
Way. If a node support pole and ground equipment or network node is installed in a location
that is not in accordance with the plans approved by the Town and impedes pedestrian or vehicular
traffic or does not comply or otherwise renders the Right-of-Way non- compliant with applicable
Laws, including the American Disabilities Act, then Provider shall remove the node support
poles, ground equipment or network nodes.
4.4 Fiber Connection.
Provider shall be responsible for obtaining access and connection to fiber optic lines or other backhaul
solutions that may be required for its node support poles or network nodes.
4.5 Generators.
Provider shall not allow or install generators or back-up generators in the Right-of-Way.
4.6 Equipment Dimensions.
Provider’s node support poles and network nodes shall comply with the dimensions set forth in Chapter 284
of the Texas Local Government Code.
4.7 Tree Maintenance.
Provider, its contractors, and agents shall obtain written permission from the Town before trimming
trees hanging over its node support poles and network nodes to prevent branches of such trees from
contacting node support poles and network nodes. When directed by the Town, Provider shall trim under
the supervision and direction of the Public Works. The Town shall not be liable for any damages,
injuries, or claims arising from Provider’s actions under this section.
4.8 Signage.
A. Provider shall post its name, location identifying information, and emergency telephone number
in an area on the cabinet of the node support poles and network nodes that is visible to the
public. Signage required under this section shall not exceed 4” x 6”, unless otherwise required
by Laws or the Town.
B. Except as required by Laws or by the utility pole owner, Provider shall not post any other signage
or advertising on the node support poles and network nodes, or utility pole.
4.9 Repair.
Whenever the installation, placement, attachment, repair, modification, removal, operation, use, or
relocation of the node support poles or network nodes, or any portion thereof is required and such
installation, placement, attachment, repair, modification, removal, operation, use, or relocation causes
any property of the Town to be damaged or to have been altered in such a manner as to make it unusable,
unsafe, or in violation of any laws, Provider, at its sole cost and expense, shall promptly repair and return
such property to its original condition. If Provider does not repair such property or perform such work
as described in this paragraph, then the Town shall have the option, upon fifteen (15) days prior written
notice to Provider or immediately if there is an imminent danger to the public, to perform or cause to be
performed such reasonable and necessary work on behalf of Provider and to charge Provider for the
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reasonable and actual costs incurred by the Town. Provider shall reimburse the Town for the costs.
4.10 Graffiti Abatement.
As soon as practical, but not later than fourteen (14) days from the date Provider receives notice
thereof, Provider shall remove all graffiti on any of its node support poles and network nodes located
in the Right of Way.
4.11 Inventory.
Provider shall maintain a list of its network nodes and node support poles and provide Town an
Inventory of locations within ten (10) days of installation. The Inventory of network nodes and node
support poles shall include GIS coordinates, date of installation, Town pole ID number (if applicable),
type of pole used for installation, pole owner, and description/type of installation for each network node
and node support pole installation.
Upon Town’s written request, Provider shall provide a cumulative Inventory within thirty (30) days of
Town’s request. Concerning network nodes and node support poles that become inactive, the
Inventory shall include the same information as active installations in addition to the date the network
node and/or node support pole was deactivated and the date the network node and/or node support pole
was removed from the Right-of-Way. Town may compare the Inventory to its records to identify any
discrepancies.
4.12 Reservation of Rights.
A. The Town reserves the right to install, and permit others to install, utility facilities in the Rights-
of-Way. In permitting such work to be done by others, the Town shall not be liable to Provider
for any damage caused by those persons or entities.
B. The Town reserves the right to locate, operate, maintain, and remove Town traffic signal poles
in the manner that best enables the operation of its traffic signal system and protect public
safety.
C. The Town reserves the right to locate, operate, maintain, and remove any Town pole or structure
located within the right-of-way in the manner that best enables the Town’s operations.
4.13 Coordination of Traffic Signal Maintenance Activities and Emergency Response.
Provider will provide Town a key to each meter box at the time of inspection and have the ability to
temporarily cut-off electricity to its facilities for the safety of maintenance personnel. In the event of
failure of components of the traffic signal system for whatever reason, including damage resulting from
vehicular collisions, weather related events, or malicious attacks, Town will respond to restore traffic
signal operations as a matter of public safety. Should the events that result in damage or failure of
the traffic signal system also affect Provider’s network nodes, Provider shall have the sole responsibility
to repair or replace its network nodes and shall coordinate its own emergency efforts with the Town.
V. Interference with Operations
5.1 No Liability.
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A. The Town shall not be liable to Provider for any damage caused by other Providers with
Wireless Facilities sharing the same pole or for failure of Provider’s network nodes for whatever
reason, including damage resulting from vehicular collisions, weather related events, or malicious
attacks.
B. The Town shall not be liable to Provider by reason of inconvenience, annoyance or injury to the
network nodes or node support poles or activities conducted by Provider therefrom, arising from
the necessity of repairing any portion of the Right-of-Way, or from the making of any necessary
alteration or improvements, in, or to, any portion of the Right-of-Way, or in, or to, Town’s
fixtures, appurtenances or equipment. The Town will use reasonable efforts not to cause
material interference to Provider’s operation of its network nodes or node support poles.
5.2 Signal Interference with Town's Communications Infrastructure Prohibited.
A. No interference. In the event that Provider's network nodes interferes with the Town's traffic
signal system, public safety radio system, or other Town communications infrastructure
operating on spectrum where the Town is legally authorized to operate, Provider shall
promptly cease operation of the network nodes causing said interference upon receiving notice
from the Town and refrain from operating. Provider shall respond to the Town's request to
address the source of the interference as soon as practicable, but in no event later than twenty-
four (24) hours of receiving notice.
B. Protocol for Responding to Event of Interference. The protocol for responding to events of
interference will require Provider to provide the Town an Interference Remediation Report that
includes the following items:
1. Remediation Plan. Devise a remediation plan to stop the event of inference;
2. Time Frame for Execution. Provide the expected time frame for execution of the remediation
plan; and
3. Additional Information. Include any additional information relevant to the execution of the
remediation plan.
In the event that interference with Town facilities cannot be eliminated, Provider shall shut
down the network nodes and remove or relocate the network node that is the source of the
interference as soon as possible to a suitable alternative location made available by Town.
C. Following installation or modification of a network node, the Town may require Provider to test
the network node’s radio frequency and other functions to confirm it does not interfere with the
Town’s operations.
VI. Abandonment, Relocation and Removal
6.1 Abandonment of Obsolete Network Nodes and Node Support Poles
Provider shall remove network nodes and node support poles when such facilities are abandoned
regardless of whether or not it receives notice from the Town. Unless the Town sends notice that removal
must be completed immediately to ensure public health, safety, and welfare, the removal must be
completed within the earlier of ninety (90) days of the network nodes and node support poles being
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abandoned or within ninety (90) days of receipt of written notice from the Town. When Provider
removes or abandons permanent structures in the Right-of-Way, the Provider shall notify the Town in
writing of such removal or abandonment and shall file with the Town the location and description of
each network node or node support pole removed or abandoned. The Town may require the Provider to
complete additional remedial measures necessary for public safety and the integrity of the Right-of-Way.
6.2 Relocation and Removal at Provider’s Expense
A. Provider shall remove and relocate its network nodes and node support poles at its own expense
to an alternative location not later than one hundred twenty (120) days after receiving written
notice that removal, relocation, and/or alteration of the network nodes and/or node support poles
is necessary due to:
1. Construction, completion, repair, widening, relocation, or maintenance of, or use in
connection with, any Town construction or maintenance project or other public improvement
project; or
2. Maintenance, upgrade, expansion, replacement, removal or relocation of the Town’s pole
or structure upon which Provider’s network nodes are attached; or
3. The network node or node support pole, or portion thereof, is adversely affecting proper
operation of traffic signals, streetlights or other Town property; or
4. Closure of a street or sale of Town property; or
5. Projects and programs undertaken to protect or preserve the public health or safety; or
6. Activities undertaken to eliminate a public nuisance; or
7. Provider fails to obtain all applicable licenses, permits, and certifications required by
Laws for its network nodes or node support poles; or
8. Duty otherwise arising from applicable law.
B. Provider's duty to remove and relocate its network nodes and node support poles at its expense
is not contingent on the availability of an alternative location acceptable for relocation. Town
will make reasonable efforts to provide an alternative location within the Right-of-Way for
relocation, but regardless of the availability of an alternative site acceptable to Provider,
Provider shall comply with the notice to remove its network nodes and node support poles as
instructed.
C. The Town may remove the network node and/or node support pole if provider does not
remove such within one hundred twenty (120) days. In such case, Provider shall reimburse
Town for the Town’s actual cost of removal of its network nodes and node support poles within
30 days of receiving the invoice from the Town.
6.1 Removal or Relocation by Provider
A. If the Provider removes or relocates at its own discretion, it shall notify the Town in writing not
less than ten (10) business days prior to removal or relocation. Provider shall obtain all Permits
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required for relocation or removal of its network nodes and node support poles prior to relocation
or removal.
B. The Town shall not issue any refunds for any amounts paid by Provider for network nodes
and node support poles that have been removed.
6.2 Restoration
Provider shall repair any damage to the Right-of-Way, and the property of any third party resulting
from Provider’s removal or relocation activities (or any other of Provider’s activities hereunder) within
ten (10) days following the date of such removal or relocation, at Provider’s sole cost and expense,
including restoration of the Right-of- Way and such property to substantially the same condition as it was
immediately before the date Provider was granted a Permit for the applicable location, including
restoration or replacement of any damaged trees, shrubs or other vegetation. Such repair, restoration and
replacement shall be subject to the sole, reasonable approval of the Town.
6.3 Provider Responsible
Provider shall be responsible and liable for the acts and omissions of Provider’s employees, temporary
employees, officers, directors, consultants, agents, Affiliates, subsidiaries, sub lessees, and
subcontractors in connection with the performance of activities within the Town’s right-of-way, as if
such acts or omissions were Provider’s acts or omissions.
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To: Mayor and Town Council
From: Pete Anaya, P.E., Assistant Director of Engineering Services – Capital Projects
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 25, 2019
Agenda Item:
Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to
bring a condemnation action for the purpose of obtaining approximately 1.222 acres of Right-of-Way
and 0.483 acres of Temporary Construction Easement situated in the L. Netherly Survey, Abstract
No. 962, Town of Prosper, Denton County, Texas, necessary for the construction of the Fishtrap
Road/Teel Parkway Intersection Improvements project and for other public purposes permitted by
law.
Description of Agenda Item:
The Town is in the process of developing engineering plans for the construction of the Fishtrap Road
and Teel Parkway Intersection Improvements Project. The Right-of-Way is required for the
construction of the roadway improvements and the Temporary Construction Easement is required
during construction. The subject property is needed for both, and while negotiations are going well,
staff is requesting advance authorization to pursue acquisition by eminent domain if needed.
Attached Documents:
1. Resolution
2.Location map
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality.
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Attorney to bring a condemnation
action for the purpose of obtaining approximately 1.222 acres of Right-of-Way and 0.483 acres of
Temporary Construction Easement situated in the L. Netherly Survey, Abstract No. 962, Town of
Prosper, Denton County, Texas, necessary for the construction of the Fishtrap Road and Teel
Parkway Intersection Improvement Project and for other public purposes permitted by law.
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
Item 13
Page 2 of 2
Proposed Motion:
I move that the Town Council authorize the Town Attorney to bring a condemnation action for the
purpose of obtaining approximately 1.222 acres of Right-of-Way and 0.483 acres of Temporary
Construction Easement situated in the L. Netherly Survey, Abstract No. 962, Town of Prosper,
Denton County, Texas, necessary for the construction of the Fishtrap Road and Teel Parkway
Intersection Improvement Project and for other public purposes permitted by law.
This item requires a roll call vote.
Item 13
TOWN OF PROSPER, TEXAS RESOLUTION NO. 19__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 1.222
ACRES OF LAND FOR RIGHT OF WAY AND 0.483 ACRES OF LAND FOR
TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF
THE FISHTRAP ROAD/TEEL PARKWAY INTERSECTION IMPROVEMENTS
PROJECT SAID PROPERTY LOCATED IN THE L. NETHERLY SURVEY,
ABSTRACT NO. 962, TOWN OF PROSPER, DENTON COUNTY, TEXAS;
DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH
ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS
NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER AND
NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER OF
THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION
FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN
MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED
PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND
RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE
CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF
PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has
determined that approximately 1.222 acres of Right of Way and 0.483 acres of Temporary
Construction Easement situated in the L. Netherly Survey, Abstract No. 962, Town of Prosper,
Denton County, Texas; (the “Property”) and more particularly described and depicted in Exhibits
A and B, which are attached hereto and incorporated herein for all purposes, is appropriate for
use as the location of the Fishtrap Road/Teel Parkway Intersection Improvements Project
(“Project”) and that there exists a public necessity to acquire the Property for the construction of
the Project, which is a public use; and
WHEREAS, the Town Council desires to acquire the Property for this governmental and
public use in conjunction with the Town of Prosper’s construction of the Fishtrap Road/Teel
Parkway Intersection Improvements Project; and
WHEREAS, the Town Council desires that the Town Manager, or his designee, take all
necessary steps to acquire the Property for the Project including, but not limited to, the retention
of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his
designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing
the Property for the Project, to institute condemnation proceedings to acquire these required
property interests.
NOW, THEREFORE, BE IT RESOLVED 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
findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the
body of this Resolution as if copied in their entirety.
Item 13
Resolution No. 19__, Page 2
SECTION 2
The Town Council hereby finds and determines that a public use and necessity exists for
the Town of Prosper, Texas, to acquire the Property for the Project.
SECTION 3
The Town Manager, or his designee, is authorized and directed to negotiate for and to
acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in
compliance with State and Federal law. The Town Manager is specifically authorized and directed
to do each and every act necessary to acquire the Property for the Project including, but not
limited to, the authority to negotiate, give notices, make written offers to purchase, prepare
contracts, to retain and designate a qualified appraiser of the property interests to be acquired,
as well as any other experts or consultants that he deems necessary for the acquisition process
and, if necessary, to institute proceedings in eminent domain.
SECTION 4
The Town Manager, or any individual he may so designate, is appointed as negotiator for
the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and
directed to do each and every act and deed hereinabove specified or authorized by reference,
subject to the availability of funds appropriated by the Town Council for such purpose. The Town
Manager is specifically authorized to establish the just compensation for the acquisition of the
Property. If the Town Manager or his designee determines that an agreement as to damages or
compensation cannot be reached, then the Town Attorney or his designee is hereby authorized
and directed to file or cause to be filed, against the owners and interested parties of the needed
property interests, proceedings in eminent domain to acquire the Property for the Project.
SECTION 5
This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 25TH DAY OF JUNE, 2019.
___________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 13
Resolution No. 19__, Page 3
EXHIBIT A
Item 13
Resolution No. 19__, Page 4
EXHIBIT A (Continued)
Item 13
Resolution No. 19__, Page 5
EXHIBIT B
Item 13
Resolution No. 19__, Page 6
EXHIBIT B (Continued)
Item 13
Location Map
Fishtrap Road
Teel ParkwayItem 13
Page 1 of 2
To: Mayor and Town Council
From: Pete Anaya, P.E., Assistant Director of Engineering Services – Capital Projects
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 25, 2019
Agenda Item:
Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to
bring a condemnation action for the purpose of obtaining approximately 1.432 acres of Right -of-Way,
0.476 acres of Temporary Construction Easement, and 1.661 acres of Slope Easement situated in
the B. Hodges Survey, Abstract No. 593, J. Morton Survey, Abstract No. 793, and J. Kennedy
Survey, Abstract No. 1688, Town of Prosper, Denton County, Texas, necessary for the construction
of the West Prosper Road Improvements, Phase 3 (Segment E) project and for other public purposes
permitted by law.
Description of Agenda Item:
The Town is in the process of developing engineering plans for the construction of the West Prosper
Road Improvements, Phase 3 (Segment E) Project. The Right-of-Way (ROW), Temporary
Construction Easements, and Slope Easements are required for the construction of the roadway.
Staff has been in discussions with Eric Berlin, the property owner, about the Town acquiring the
ROW and easements, and staff is requesting advance authorization to pursue acquisition by eminent
domain if negotiations are unsuccessful in acquiring the ROW and easements.
Attached Documents:
1. Resolution
2.Location map
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality.
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Attorney to bring a condemnation
action for the purpose of obtaining approximately 1.432 acres of Right-of-Way, 0.476 acres of
Temporary Construction Easement, and 1.661 acres of Slope Easement, located in the B. Hodges
Survey, Abstract No. 593, J. Morton Survey, Abstract No. 793, and J. Kennedy Survey, Abstract No.
1688, Denton County, Texas, necessary for the construction of the West Prosper Road
Improvements, Phase 3 (Segment E) Project and for other public purposes permitted by law.
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
Item 14
Page 2 of 2
Proposed Motion:
I move that the Town Council authorize the Town Attorney to bring a condemnation action for the
purpose of obtaining approximately 1.432 acres of Right-of-W ay, 0.476 acres of Temporary
Construction Easement, and 1.661 acres of Slope Easement, located in the B. Hodges Survey,
Abstract No. 593, J. Morton Survey, Abstract No. 793, and J. Kennedy Survey, Abstract No. 1688,
Denton County, Texas, necessary for the construction of the West Prosper Roads Improvements,
Phase 3 (Segment E) Project and for other public purposes permitted by law.
This item requires a roll call vote.
Item 14
TOWN OF PROSPER, TEXAS RESOLUTION NO. 19__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 1.432
ACRES OF LAND FOR RIGHT-OF-WAY, 0.476 ACRES OF LAND FOR
TEMPORAY CONSTRUCTION EASEMENT, AND 1.661 ACRES OF LAND FOR
SLOPE EASEMENT FOR THE CONSTRUCTION OF THE WEST PROSPER
ROAD IMPROVEMENTS, PHASE 3 (SEGMENT E) PROJECT, SAID
PROPERTY LOCATED IN THE B. HODGES SURVEY, ABSTRACT NO. 593, J.
MORTON SURVEY, ABSTRACT NO. 793, AND J. KENNEDY SURVEY,
ABSTRACT NO. 1688, TOWN OF PROSPER, DENTON COUNTY, TEXAS;
DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH
ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS
NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER AND
NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER OF
THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION
FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN
MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED
PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND
RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE
CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF
PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has
determined that approximately 1.432 acres of Right of Way, 0.476 acres of Temporary
Construction Easement, and 1.661 acres of Slope Easement, located in the B. Hodges Survey,
Abstract No. 593, J. Morton Survey, Abstract No. 793, and J. Kennedy Survey, Abstract No. 1688,
Denton County, Texas; (the “Property”), and more particularly described and depicted in Exhibits
A, B, and C, which are attached hereto and incorporated herein for all purposes, is appropriate
for use as the location of the West Prosper Roads Improvements, Phase 3 (Segment E) Project
(“Project”), and that there exists a public necessity to acquire the Property for the construction of
the Project, which is a public use; and
WHEREAS, the Town Council desires to acquire the Property for this governmental and
public use in conjunction with the Town of Prosper’s construction of the West Prosper Roads
Improvements, Phase 3 (Segment E) Project; and
WHEREAS, the Town Council desires that the Town Manager, or his designee, take all
necessary steps to acquire the Property for the Project including, but not limited to, the retention
of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his
designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing
the Property for the Project, to institute condemnation proceedings to acquire these required
property interests.
NOW, THEREFORE, BE IT RESOLVED 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
findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the
body of this Resolution as if copied in their entirety.
Item 14
Resolution No. 19__, Page 2
SECTION 2
The Town Council hereby finds and determines that a public use and necessity exists for
the Town of Prosper, Texas, to acquire the Property for the Project.
SECTION 3
The Town Manager, or his designee, is authorized and directed to negotiate for and to
acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in
compliance with State and Federal law. The Town Manager is specifically authorized and directed
to do each and every act necessary to acquire the Property for the Project including, but not
limited to, the authority to negotiate, give notices, make written offers to purchase, prepare
contracts, to retain and designate a qualified appraiser of the property interests to be acquired,
as well as any other experts or consultants that he deems necessary for the acquisition process
and, if necessary, to institute proceedings in eminent domain.
SECTION 4
The Town Manager, or any individual he may so designate, is appointed as negotiator for
the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and
directed to do each and every act and deed hereinabove specified or authorized by reference,
subject to the availability of funds appropriated by the Town Council for such purpose. The Town
Manager is specifically authorized to establish the just compensation for the acquisition of the
Property. If the Town Manager or his designee determines that an agreement as to damages or
compensation cannot be reached, then the Town Attorney or his designee is hereby authorized
and directed to file or cause to be filed, against the owners and interested parties of the needed
property interests, proceedings in eminent domain to acquire the Property for the Project.
SECTION 5
This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 25TH DAY OF JUNE, 2019.
___________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 14
Resolution No. 19__, Page 3
EXHIBIT A
Item 14
Resolution No. 19__, Page 4
EXHIBIT A (Continued)
LEGAL DESCRIPTION
Item 14
Resolution No. 19__, Page 5
EXHIBIT B
Item 14
Resolution No. 19__, Page 6
EXHIBIT B (Continued)
LEGAL DESCRIPTION
Item 14
Resolution No. 19__, Page 7
EXHIBIT B (Continued)
LEGAL DESCRIPTION
Item 14
Resolution No. 19__, Page 8
EXHIBIT C
Item 14
Resolution No. 19__, Page 9
EXHIBIT C (Continued)
LEGAL DESCRIPTION
Item 14
Resolution No. 19__, Page 10
EXHIBIT C (Continued)
LEGAL DESCRIPTION
Item 14
Location Map
Fishtrap RoadGee RoadFM 1385Item 14
Page 1 of 2
To: Mayor and Town Council
From: Pete Anaya, P.E., Assistant Director of Engineering Services – Capital Projects
Through: Harlan Jefferson, Town Manager
Re: Tow n Council Meeting – June 25, 2019
Agenda Item:
Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to
bring a condemnation action for the purpose of obtaining approximately 0.309 acres of Right-of-Way,
0.311 acres of Drainage Easement, and 0.065 acres of Temporary Construction Easement, and
situated in the Spencer Rice Survey, Abstract Number 787, Town of Prosper, Collin County, Texas,
necessary for the construction of the Victory Way (Coleman Street – Frontier Parkway) project and
for other public purposes permitted by law.
Description of Agenda Item:
The Town is in the process of developing engineering plans for the construction of the Victory Way
(Coleman Street – Frontier Parkway) project. The Right-of-Way, Drainage Easement, and
Temporary Construction Easement are required for construction of the roadway. While negotiations
are going well, staff is requesting advance authorization to pursue acquisition by eminent domain if
needed.
Attached Documents:
1. Resolution
2.Location map
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality.
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Attorney to bring a condemnation
action for the purpose of obtaining approximately 0.309 acres of Right-of-Way, 0.311 acres of
Drainage Easement, and 0.065 acres of Temporary Construction Easement situated in the Spencer
Rice survey, Abstract Number 787, in the Town of Prosper, Collin County Texas; necessary for the
construction of the Victory Way (Coleman Street – Frontier Parkway) project and for other public
purposes permitted by law.
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
Item 15
Page 2 of 2
Proposed Motion:
I move that the Town Council authorize the Town Attorney to bring a condemnation action for the
purpose of obtaining approximately 0.309 acres of Right-of-Way, 0.311 acres of Drainage Easement,
and 0.065 acres of Temporary Construction Easement situated in the Spencer Rice survey, Abstract
Number 787, in the Town of Prosper, Collin County Texas; necessary for the construction of the
Victory Way (Coleman Street – Frontier Parkway) project and for other public purposes permitted by
law.
This item requires a roll call vote.
Item 15
TOWN OF PROSPER, TEXAS RESOLUTION NO. 19__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 0.309
ACRES OF LAND FOR THE RIGHT OF WAY, 0.311 ACRES OF LAND FOR
DRAINAGE EASEMENT, AND 0.065 ACRES OF LAND FOR TEMPORARY
CONSTRUCTION EASEMENT, FOR THE CONSTRUCTION OF VICTORY WAY
(COLEMAN STREET – FRONTIER PARKWAY) PROJECT, SAID PROPERTY
LOCATED IN THE SPENCER RICE SURVEY, ABSTRACT NUMBER 787,
TOWN OF PROSPER, COLLIN COUNTY, TEXAS, DETERMINING THE PUBLIC
USE AND NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE
ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR SAID PROJECT;
APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY;
AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS,
TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE
ACQUIRED; AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS
NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN
COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS; AND
AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE CONDEMNATION
PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE
NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has
determined that approximately 0.309 acres of Right of Way, 0.311 acres of Drainage Easement,
and 0.065 acres of Temporary Construction Easement located in the Spencer Rice Survey,
Abstract Number 787, Town of Prosper, Collin County, Texas; (the “Property”), and more
particularly described and depicted in Exhibit A, B, and C which is attached hereto and
incorporated herein for all purposes, is appropriate for use as the location of the Victory Way
(Coleman Street – Frontier Parkway) Project (“Project”), and that there exists a public necessity
to acquire the Property for the construction of the Project, which is a public use; and
WHEREAS, the Town Council desires to acquire the Property for this governmental and
public use in conjunction with the Town of Prosper’s construction of the Victory Way (Coleman
Street – Frontier Parkway) Project; and
WHEREAS, the Town Council desires that the Town Manager, or his designee, take all
necessary steps to acquire the Property for the Project including, but not limited to, the retention
of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his
designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing
the Property for the Project, to institute condemnation proceedings to acquire these required
property interests.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
Item 15
Resolution No. 19__, Page 2
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual
findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the
body of this Resolution as if copied in their entirety.
SECTION 2
The Town Council hereby finds and determines that a public use and necessity exists for
the Town of Prosper, Texas, to acquire the Property for the Project.
SECTION 3
The Town Manager, or his designee, is authorized and directed to negotiate for and to
acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in
compliance with State and Federal law. The Town Manager is specifically authorized and directed
to do each and every act necessary to acquire the Property for the Project including, but not
limited to, the authority to negotiate, give notices, make written offers to purchase, prepare
contracts, to retain and designate a qualified appraiser of the property interests to be acquired,
as well as any other experts or consultants that he deems necessary for the acquisition process
and, if necessary, to institute proceedings in eminent domain.
SECTION 4
The Town Manager, or any individual he may so designate, is appointed as negotiator for
the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and
directed to do each and every act and deed hereinabove specified or authorized by reference,
subject to the availability of funds appropriated by the Town Council for such purpose. The Town
Manager is specifically authorized to establish the just compensation for the acquisition of the
Property. If the Town Manager or his designee determines that an agreement as to damages or
compensation cannot be reached, then the Town Attorney or his designee is hereby authorized
and directed to file or cause to be filed, against the owners and interested parties of the needed
property interests, proceedings in eminent domain to acquire the Property for the Project.
SECTION 5
This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 25TH DAY OF JUNE, 2019.
___________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
Item 15
Resolution No. 19__, Page 3
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 15
Resolution No. 19__, Page 4
EXHIBIT A
Item 15
Resolution No. 19__, Page 5
EXHIBIT A (Continued)
Item 15
Resolution No. 19__, Page 6
EXHIBIT B
Item 15
Resolution No. 19__, Page 7
EXHIBIT B (Continued)
Item 15
Resolution No. 19__, Page 8
EXHIBIT B (Continued)
Item 15
Resolution No. 19__, Page 9
EXHIBIT B (Continued)
Item 15
Resolution No. 19__, Page 10
EXHIBIT C
Item 15
Resolution No. 19__, Page 11
EXHIBIT C (Continued)
Item 15
Location Map
Frontier Parkway
Coleman StreetVictory WayProsper High SchoolBNSF RailroadItem 15
To: Mayor and Town Council
From: Pete Anaya, P. E., Assistant Director of Engineering Services – Capital Projects
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 25, 2019
Agenda Item:
Consider and act upon awarding Bid No. 2019-60-B to Quality Excavation, LTD., related to
construction services for the Coleman Street Road Widening (Gorgeous – Wilson) project; and
authorizing the Town Manager to execute a construction agreement for same.
Description of Agenda Item:
On June 13, 2019, at 2:00 PM, 4 bids were opened for the Coleman Street Road Widening
(Gorgeous – Wilson) project. The verified bid totals ranged between $300,358.04 and $382,035.00.
The Engineer's Estimate was $260,000.
Quality Excavation, LTD., was the low bidder with a bid total of $300,358.04, which is 15.5% more
than the Engineer’s Estimate. Quality Excavation, LTD., has recently successfully completed several
projects of similar scope and value for the Cities of Princeton, Aubrey, and Grapevine and are
currently constructing several projects in the North Texas area. Quality Excavation, LTD, has also
successfully completed the installation of a 30” water line along US 380 for the Town of Prosper.
The contract specifies a substantial completion time of 60 calendar days, or approximately 2 months.
Staff anticipates issuing a notice to proceed on this contract effective in early July 2019, which would
result in a substantial completion date in early September 2019. This schedule and construction
sequencing is designed to coordinate with Reynolds Middle School traffic.
Budget Impact:
The FY 2018-2019 Capital Improvement Program includes $375,000 for the design Coleman Street
(Gorgeous – Prosper Trail) Improvements project, which consisted of 4 lanes concrete curb and
gutter divided roadway. Earlier this year, the Town Council approved interim asphalt improvements
to widen the existing 2-lane asphalt roadway in front of Reynolds Middle School from Gorgeous to
Wilson instead of the original design. Design of the interim asphalt improvements was $49,895. The
remaining $325,105 for the original design of Coleman Street (Gorgeous – Prosper Trail)
Improvements project is being used for the construction of the Coleman Street Road Widening
(Gorgeous – Wilson) project. The funding sources is Account No. 750-6610-50-00-1825-ST.
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
SERVICES
Item 16
Attached Documents:
1. Location Map
2. Bid Tabulation Summary
3. Construction Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council Award Bid No. 2019-60-B to Quality Excavation,
LTD., related to construction services for the Coleman Street Road Widening (Gorgeous – Wilson)
project; and authorize the Town Manager to execute a construction agreement for same.
Proposed Motion:
I move to award Bid No. 2019-60-B to Quality Excavation, LTD., related to construction services for
the Coleman Street Road Widening (Gorgeous – Wilson) project; and authorize the Town Manager
to execute a construction agreement for same.
Item 16
Location MapColeman StreetReynolds Middle SchoolGorgeous Street
Item 16
TOWN OF PROSPER
BID TABULATION SUMMARY
BID NO: 2019-60-B COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
BID OPENING: 6/13/2019 at 2:00 PM
Grand Total
Quality Excavation, Ltd.$300,358.04
GRod Construction, LLC $306,714.75
Reyes Group, Ltd.$318,028.50
Pavecon Ppublic Works, LP $382,035.00
Certified By: January M. Cook, CPPO, CPPB Date: 6/13/19
Purchasing Agent
Town of Prosper, Texas
**All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the
bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as
any indication that the agency accepts such bid/proposal as being responsive. The agency will make a determination as to the
responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and
project documents, including but not limited to the project specifications and contract documents. The agency will notify the
successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received will be
available for inspection at that time.
Item 16
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
COLEMAN STREET ROAD WIDENING FROM
GORGEOUS TO WILSON
BID NO. 2019-60-B
TOWN OF PROSPER
COLLIN COUNTY, TEXAS
TOWN OFFICIALS
Ray Smith, Mayor
Curry Vogelsang, Jr., Mayor Pro-Tem
Jason Dixon, Deputy Mayor Pro-Tem
Marcus Ray, Place 1
Craig Andres, Place 2
Meigs Miller, Place 4
Jeff Hodges, Place 5
Harlan Jefferson, Town Manager
Item 16
BID NO. 2019-60-B COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
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
SPECIAL CONDITIONS ................................................................................................ 52
TECHNICAL SPECIFICATIONS ................................................................................... 53
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PAGE 2
LEGAL NOTICE
The Town of Prosper is accepting sealed bids for BID NO. 2019-60-B COLEMAN STREET ROAD
WIDENING FROM GORGEOUS TO WILSON. Bids will be accepted until 2:00 P.M. on
THURSDAY, JUNE 13, 2019 in the Purchasing Office, located in the 3rd Floor Finance Suite in
Town Hall, 200 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 in the
Finance Conference Room, located in the 3rd Floor Finance Suite in Town Hall, 200 S. Main St.,
Prosper, Texas 75078, immediately following the bid deadline.
The Project consists of furnishing all labor, equipment and materials (except as otherwise
specified), and performing all work necessary for the following:
- Constructing an additional 11’ asphalt lane along Coleman Street between Gorgeous
Road and Wilson Street
- Reconfiguring the driveways to Reynolds Middle School
- Replacing approximately 40 LF of 60” CMP with approximately 56 LF 60” CL V RCP in
front of Reynolds Middle School
Each bid submitted shall be accompanied by a cashier's check in the amount of 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 a Performance Bond in the amount of 115% of the contract
amount, and a Payment Bond 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 100% of the contract
amount 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 200 S Main Street,
Prosper Texas 75078 without charge. These documents may be acquired from that office for the
non-refundable purchase price of $50.00 per set, payable to the Town of Prosper. 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/business/bid-
opportunities/.
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. FRIDAY,
JUNE 7, 2019 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.
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PAGE 3
INSTRUCTIONS TO BIDDERS
1. Submittal Deadline: Bids will be accepted until 12:00 P.M. on THURSDAY, JUNE 13, 2019.
2. Submittal Location: Bids will be accepted in the Purchasing Office, located in the 3rd Floor
Finance Suite in Town Hall, 200 S. Main St., Prosper, Texas 75078.
3. Submittal Requirements: Each Bidder shall submit one (1) original and one (1) copy of their
bid, along with their bid security and Out of State Contractor Compliance (if necessary), in a
sealed envelope clearly marked with their name and BID NO. 2019-60-B COLEMAN STREET
ROAD WIDENING FROM GORGEOUS TO WILSON.
4. Bid Opening: Bids will be publicly opened and read aloud in the Finance Conference Room,
located in the 3rd Floor Finance Suite in Town Hall, 200 S. Main St., Prosper, Texas 75078,
immediately following the bid deadline.
5. Bidding Documents: Copies of Plans, Specifications, and Contract Documents may be
examined without charge at the following location:
Town of Prosper
Engineering Department
200 S Main Street
Prosper TX. 75078
Phone: 972-569-1198
or
Download free of charge from Current Bidding Opportunities, at the following link:
http://www.prospertx.gov/business/bid-opportunities/.
6. Questions and Requests for Clarification: 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. FRIDAY, JUNE 7, 2019, 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.
7. Addenda: If it becomes necessary to provide additional information to potential Bidders, the
Town of Prosper will issue an addendum containing the necessary information.
8. Pre-Bid Meeting: A pre-bid meeting will not be held for this project.
9. Site Visit: N/A
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BID NO. 2019-60-B COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
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 Quality
Excavation, Ltd., a Texas limited partnership, (the "Contractor") and the Town of Prosper,
Texas, a municipal corporation (the "Owner"). For and in considerat ion 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:
BID NO. 2019-60-B
COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
in the Town of Prosper, Texas, and all extra work in connection therewith, under the terms
as stated in the terms of this Contract, including all Contract Documents incorporated
herein; and at his, her or their own proper cost and expense to furnish all
superintendence, labor, insurance, equipment, tools and other accessories and services
necessary to complete the said construction in accordance with all the Contract
Documents, incorporated herein as if written word for word, and in accordance with the
Plans, which include all maps, plats, blueprints, and other drawings and printed or written
explanatory manner therefore, and the Specifications as prepared by Town of Prosper or
its consultant hereinafter called Engineer, who has been identified by the endorsement
of the Contractor's written proposal, the General Conditions of this Contract, the Special
Conditions of this Contract, the payment, performance, and maintenance bonds hereto
attached; all of which are made a part hereof and collectively evidence and constitute
the entire Contract.
A. Contract Documents and Order of Precedence
The Contract Documents shall consist of the following documents:
1. this Construction Agreement;
2. properly authorized change orders;
3. the Special Conditions of this Contract;
4. the General Conditions of this Contract;
5. the Technical Specifications & Construction Drawings of this Contract;
6. the OWNER's Standard Construction Details;
7. the OWNER's Standard Construction Specifications;
8. the OWNER’s written notice to proceed to the CONTRACTOR;
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9. the Contractor’s Bid Proposal;
10. any listed and numbered addenda;
11. the Performance, Payment, and Maintenance Bonds; and,
12. any other bid materials distributed by the Owner that relate to the Project.
These Contract Documents are incorporated by reference into this Construction
Agreement as if set out here in their entirety. The Contract Documents are intended to be
complementary; what is called for by one document shall be as binding as if called for by all
Contract Documents. It is specifically provided, however, that in the event of any inconsistency
in the Contract Documents, the inconsistency shall be resolved by giving precedence to the
Contract Documents in the order in which they are listed herein above. If, however, there exists
a conflict or inconsistency between the Technical Specifications and the Construction Drawings
it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions
control before undertaking any work on that component of the project. Should the Contractor fail
or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior
to any work on that component of the project, the Contractor shall be solely responsible for the
costs and expenses - including additional time - necessary to cure, repair and/or correct that
component of the project.
B. Total of Payments Due Contractor
For performance of the Work in accordance with the Contract Documents, the Owner shall
pay the Contractor in current funds an amount not to exceed Three Hundred Thousand Three
Hundred Fifty-Eight Dollars and four cents ($300,358.04). 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 60 calendar days after the date of the Notice
to Proceed for the base bid. Within 30 additional calendar days after Substantial Completion, all
outstanding issues shall be addressed and ready for final payment.
Under this Construction Agreement, all references to “day” are to be considered “calendar
days” unless noted otherwise.
D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER)
TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS,
OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE
CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS,
DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES
OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY
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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.
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BID NO. 2019-60-B COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
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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:
BID NO. 2019-60-B
COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
Attn: Purchasing Agent
200 S. Main St.
P.O. Box 307
Prosper, Texas 75078
(a) Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed
Operations, Independent Contractors and Contractual Liability, with
minimum combined single limits of $1,000,000 per-occurrence, $1,000,000
Products/Completed Operations Aggregate and $2,000,000 general
aggregate. If high risk or dangerous activities are included in the Work,
explosion, collapse and underground (XCU) coverage is also required.
Coverage must be written on an occurrence form. The General Aggregate
shall apply on a per project basis.
(b) Workers’ Compensation insurance with statutory limits; and Employers’
Liability coverage with minimum limits for bodily injury: a) by accident,
$100,000 each accident, b) by disease, $100,000 per employee with a per
policy aggregate of $500,000.
(c) Umbrella or Excess Liability insurance with minimum limits of $2,000,000
each occurrence and annual aggregate for bodily injury and property
damage, that follows form and applies in excess of the above indicated
primary coverage in subparagraphs a and b. The total limits required may
be satisfied by any combination of primary, excess or umbrella liability
insurance provided all policies comply with all requirements. The
Contractor may maintain reasonable deductibles, subject to approval by
the Owner.
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BID NO. 2019-60-B COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
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2. With reference to the foregoing required insurance, the Contractor shall endorse
applicable insurance policies as follows:
(a) A waiver of subrogation in favor of Town of Prosper, its officials,
employees, and officers shall be contained in the Workers’ Compensation
insurance policy.
(b) The Town of Prosper, its officials, employees and officers shall be named
as additional insureds on the Commercial General Liability policy, by using
endorsement CG2026 or broader. (Please note that this “additional
insured” coverage requirement is not prohibited by Chapter 151 of the
Texas Insurance Code as it falls within one of the exclusions contained in
Section 151.105 of the Texas Insurance Code.)
(c) All insurance policies shall be endorsed to the effect that Town of Prosper
will receive at least thirty (30) days’ notice prior to cancellation, non-
renewal, termination, or material change of the policies.
3. All insurance shall be purchased from an insurance company that meets a financial
rating of “A” or better as assigned by the A.M. BEST Company or equivalent.
4. With respect to Workers’ Compensation insurance, the Contractor agrees to
comply with all applicable provisions of 28 Tex. Admin Code
§ 110.110, “Reporting Requirements for Building or Construction Projects for
Governmental Entities,” as such provision may be amended, and as set forth in
Paragraph F following.
F. Workers' Compensation Insurance Coverage
1. Definitions:
Certificate of coverage ("certificate")- A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the Contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes
all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the Contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
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BID NO. 2019-60-B COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
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"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
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;
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(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
contract void if the Contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
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G. Performance, Payment and Maintenance Bonds
The Contractor shall procure and pay for a Performance Bond applicable to the work in
the amount of one hundred fifteen percent (115%) of the total bid price, and a Payment Bond
applicable to the work in the amount of one hundred percent (100%) of the total bid price. The
Contractor shall also procure and pay for a Maintenance Bond applicable to the work in the
amount of one hundred percent (100%) of the total bid price. T he 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
Owner releasing all liens or claims relating to goods and services provided up to
the date of the most recent previous progress payment;
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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.
Amounts withheld under this section shall be in addition to any retainage.
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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
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.
Item 16
BID NO. 2019-60-B COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
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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.
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.
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BID NO. 2019-60-B COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
PAGE 24
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.
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.
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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.
QUALITY EXCAVATION, LTD.
TOWN OF PROSPER, TEXAS
By: By: HARLAN JEFFERSON
Title: Title: Town Manager
Date: Date:
Address: 5580 US Hwy 377
Aubrey, Texas 76227
Phone: (940) 365-0800
Email: doug@qualityexcavationltd.com
Address: 200 S. Main St.
Prosper, Texas 75078
Phone: (972) 346 - 2640
Email: harlan_jefferson@prospertx.gov
ATTEST:
ROBYN BATTLE
Town Secretary
Item 16
BID NO. 2019-60-B COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
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
25th day of June A.D. 2019 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:
BID NO. 2019-60-B
COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
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
reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in
Item 16
BID NO. 2019-60-B COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
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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 three 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 16
BID NO. 2019-60-B COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
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 16
BID NO. 2019-60-B COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
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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
($_______________) (one hundred percent (100%) of the total bid price) 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 25th day of June
A.D. 2019 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:
BID NO. 2019-60-B
COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
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.
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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 three 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.]
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BID NO. 2019-60-B COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
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 16
BID NO. 2019-60-B COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
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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 ($_______________) (one hundred
percent (100%) 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 25th day of June 2019 to furnish all permits, licenses, bonds, insurance,
products, materials, equipment, labor, supervision, and other accessories necessary for the
construction of:
BID NO. 2019-60-B
COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
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
Item 16
BID NO. 2019-60-B COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
PAGE 33
shall remain in full force and effect and Owner shall have and recover from Principal 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 three 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 16
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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
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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.
WRITTEN NOTICE: Notice required by the Contract shall be served concurrently
to the OWNER'S REPRESENTATIVE, ENGINEER, and/or CONTRACTOR.
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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, and for
any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
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(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,
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.
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(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 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
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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
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.
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(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.
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
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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 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.
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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
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
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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.
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.
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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
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
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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
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
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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 discr epancy in measured or computed quantities occurs
among the OWNER, ENGINEER, and CONTRACTOR, the 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.
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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.
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.
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(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 ratable
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. 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
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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:
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,
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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 ca se 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 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
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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.
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SPECIAL CONDITIONS
SC.01 PURPOSE: The Special Conditions contained herein set forth conditions or
requirements particular to this Contract:
BID NO. 2019-60-B
COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
The Special Conditions supplement the General Conditions and the Standard
Specifications and take precedence over any conditions or requirements of the
General Conditions and the Standard Specifications with which they are in conflict.
SC.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:
ENGINEER: The Engineer of Record as shown on the Construction Drawings:
Hayden Consultants, Inc. TBPE No. F-640, Adam Cross, PE, or his designee.
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TECHNICAL SPECIFICATIONS
BID NO. 2019-60-B
COLEMAN STREET ROAD WIDENING FROM GORGEOUS TO WILSON
All specifications shall adhere to the 2014 Texas Department of Transportation Standard
Specifications for Construction and Maintenance of Highways, Streets, and Bridges.
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