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09.10.19 Town Council Regular Meeting Packet Page 1 of 159 ] Prosper is a place where everyone matters. Call to Order/ Roll Call. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Announcements of recent and upcoming events. Presentations. 1. Presentation of a Proclamation to members of the Preston Ridge Chapter of the Daughters of the American Revolution declaring September 17-23, 2019, as Constitution Week. (RB) AGENDA BRIEFING: Questions About Items Listed on the Regular Meeting Agenda. Discussion Items. 2. Discussion on Revised Empowerment Zones and Architectural Standards for the Downtown Commercial and Residential Areas. (JW) 3. Discussion on the Town Hall Lobby Art project. (RB) 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. 4. Consider and act upon the minutes from the August 27, 2019, Town Council meeting. (RB) 5. Consider and act upon a resolution designating The Prosper Press as the official newspaper of the Town of Prosper, and The Dallas Morning News as an alternative advertising source, for Fiscal Year 2019-2020. (RB) 6. Consider and act upon adopting the FY 2019-2020 Prosper Economic Development Corporation budget. (RS) 7. Consider and act upon an ordinance approving a tariff authorizing an annual rate review (RRM) mechanism settlement between the Atmos Cities Steering Committee and Atmos Energy Corporation regarding the Company’s 2019 rates set by the settlement as a substitution for the annual interim rate adjustment process defined by section 104.301 of the Texas Utilities Code. (KN) 8. Consider and act upon approving an Amendment to the Facility Management Services Agreement between TDIndustries, Inc., and the Town of Prosper Texas, through the Agenda Prosper Town Council Meeting Council Chambers Prosper Town Hall 200 S. Main Street, Prosper, Texas Tuesday, September 10, 2019 5:45 PM Page 1 Page 2 of 159 National Cooperative Purchasing Alliance (NCPA); and authorizing the Town Manager to execute the same. (CS) 9. Consider and act upon an ordinance amending Chapter 13, “Utilities,” of the Town’s Code of Ordinances by adopting a new Article 13.13, “Wastewater Inflow Prevention Plan”; and adopting a Wastewater Inflow Prevention Plan. (FJ) 10. Consider and act upon authorizing the Town Manager to execute an Amendment to the First Amended Interlocal Agreement by and between the Town of Prosper, Texas and Collin County, Texas for the facility construction and use of an animal shelter in Collin County. (JW) 11. Consider and act upon authorizing the Town Manager to execute Amendment Thirteen to the Interlocal Agreement between Collin County and the Town of Prosper, extending the agreement through FY 2019-2020, relating to Animal Control Services. (JW) 12. Consider and act upon an ordinance abandoning a portion of Fishtrap Road prescriptive right-of-way, located north of the intersection of Fishtrap Road and Gee Road, north of US 380. (AG) 13. Consider and act upon an ordinance abandoning portions of Good Hope Road prescriptive right-of-way, located north of US 380 and south of a point 150 feet north of Mill Branch Drive. (AG) 14. Consider and act upon an ordinance abandoning a portion of S. Coleman Street right- of-way, located south of First Street, north of Preston Road. (AG) 15. 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) 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 Town Council, please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary, preferably before the meeting begins. Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the Council for items listed as public hearings will be recognized when the public hearing is opened. For individuals wishing to speak on a non-public hearing item, they may either address the Council during the Citizen Comments portion of the meeting or when the item is considered by the Town Council. Items for Individual Consideration: 16. Conduct a Public Hearing, and consider and act upon an ordinance to amend Planned Development-33 (PD-33), on 127.9± acres, located on the southwest corner of Prosper Trail and Cook Lane, to allow for the expansion of a House of Worship (Prestonwood Baptist Church), including a Private School and Gymnasium. (Z19- 0012). (AG) Page 2 Page 3 of 159 17. Consider and act upon an ordinance adopting the Fiscal Year 2019-2020 Annual Budget for the fiscal year beginning October 1, 2019, and ending September 30, 2020. (KN) 18. Consider and act upon an ordinance adopting the Town of Prosper 2019 Property Tax Rate. (KN) 19. Consider and act upon a resolution adopting the Fiscal Year 2019-2020 Capital Improvement Program. (HW) 20. Consider and act upon an ordinance amending various Town Fees; amending Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances by amending Section 1, “Construction Permits and Fees,” by adding a new subsection (c), “Third Party Geotechnical and Material Testing Fees,” and a new subsection (d), “Camera Inspection Fee for Wastewater Mains”; amending subsection (2), “Other Fees,” of Section V, “Development Fees,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances by adding thereto a new subpart (I), “Engineering Plan Review Fees”; repealing existing Section IX, ”Water and Sewer Rates,” and replacing it with a new section IX, “Water and Sewer Rates.” (KN) 21. Discussion on the Downtown Open Space. (DR) 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: Section 551.087 – To discuss and consider economic development incentives. 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. Section 551.074 – To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, and Planning & Zoning Commission. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. 22. Discuss Development and Infrastructure Fees. (JW/HW) 23. Discuss Tailgate Party. (RB) 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, September 6, 2019, and remained so posted at least 72 hours before said meeting was convened. Page 3 Page 4 of 159 _______________________________ _________________________ Robyn Battle, Town Secretary 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. Page 4 Page 1 of 7 ] Prosper is a place where everyone matters. Call to Order/ Roll Call. The meeting was called to order at 6:15 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Curry Vogelsang, Jr. Deputy Mayor Pro-Tem Jason Dixon Councilmember Marcus E. Ray Councilmember Craig Andres Councilmember Meigs Miller Councilmember Jeff Hodges Staff Members Present: Harlan Jefferson, Town Manager Terry Welch, Town Attorney Robyn Battle, Town Secretary/Public Information Officer Chuck Springer, Executive Director of Administrative Services Kelly Neal, Finance Director Kala Smith, Human Resources Director Hulon Webb, Engineering Services Director John Webb, Development Services Director Alex Glushko, Planning Manager Doug Kowalski, Police Chief Stuart Blasingame, Fire Chief Pete Anaya, Assistant Director of Engineering Services – Capital Projects Dudley Raymond, Parks and Recreation Director Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor Jim Lugar of Life Journey Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. Announcements of recent and upcoming events. Councilmember Ray read the following announcements: The Town will host a public meeting on the Proposed FY 2019-2020 Budget this Thursday, August 29, at 6:30 p.m. here in Council Chambers. Town staff will present highlights from the proposed budget and the budget process, and will be available to answer questions. The public is invited to attend the 8th Annual Town of Prosper Community Picnic on Saturday, September 7, from 4:00-7:00 p.m. in Frontier Park. Free hot dogs will be served by members of the Town Council, courtesy of Lighthouse Christian Fellowship Church. Activities include a petting zoo, pony rides, inflatable games, face painting, food and drinks. Attendees are encouraged to Minutes Prosper Town Council Meeting Council Chambers Prosper Town Hall 200 S. Main Street, Prosper, Texas Tuesday, August 27, 2019 Page 5 Item 4. Page 2 of 7 bring canned goods for the Bethlehem Place “Hunger is No Picnic” food drive, and unwrapped gifts or toys to benefit Cornerstone’s “September Santa” gift drive. Families are welcome to bring lawn chairs, blankets, and picnic supplies to this annual community event. The Town’s Water Conservation Division will offer free classes on effective landscaping and watering techniques on September 9 and September 23. More information and online registration is available on the Town website. The Town’s Community Emergency Response Team (or CERT Team) will begin classes for new members on September 19. CERT offers specialized training in disaster response and preparedness for volunteers who live or work within the Town of Prosper. Contact the Town’s Office of Emergency Management for more information. 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. 1. Consider and act upon the minutes from the August 13, 2019, Town Council meeting. (RB) 2. Receive the June Financial Report (KN) 3. Receive the Quarterly Investment Report (KN) 4. Consider and act upon Ordinance No. 19-57 amending Section 3, "Application Submittal and Processing Procedures"; Section 4, "Platting Requirements"; and Section 8, "Definitions" of the Town's Subdivision Ordinance of Chapter 10, "Subdivision Regulations," of the Code of Ordinances. (JW) 5. Consider and act upon authorizing the Town Manager to execute the Second Amendment to Development Agreement with Greenspoint f/k/a/ Collinsbrook Development to modify the park maintenance responsibilities of the Town and the Greenspoint HOA. (DR) 6. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. (AG) Councilmember Hodges made a motion and Mayor Pro-Tem Vogelsang seconded the motion to approve all items on the Consent Agenda. The motion was approved by a vote of 7-0. 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. Page 6 Item 4. Page 3 of 7 Paul Parkes, 196 Springbrook Drive, Prosper, spoke on behalf of St. Martin de Porres Catholic Church, regarding a request by the church for a waiver to support a temporary sign to be used two to three times per year. 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. Items for Individual Consideration: 7. Conduct a Public Hearing to consider and discuss the FY 2019-2020 Budget, as proposed. (KN) 8. Conduct a Public Hearing to consider and discuss a proposal to increase total tax revenue from properties on the tax roll in the preceding tax year by 15.16 percent. (KN) 9. Conduct a Public Hearing to consider and discuss proposed Water and Wastewater utility rate structure. (KN) Mayor Smith opened Items 7, 8, and 9 concurrently, then read a statement announcing the dates, times, and locations of the two Public Hearings on the proposed tax rate. Finance Director Kelly Neal presented Items 7, 8, and 9 before the Town Council. The highlights of the Proposed FY 2019-2020 Budget include no property tax rate increase, although there is an increase in property valuations, as well as new properties added to the tax roll. The priorities for the Proposed Budget are to increase service levels to residents, provide improvements to infrastructure, and provide public safety resources. Ms. Neal reviewed the growth pressures the Town is experiencing from increased population and development. The Town’s 2019 certifed appraised value increased by 14.8% from the previous year, which means the average homeowner is estimated to pay an average of $7.58 more per month than last year for property taxes. The Proposed Budget is comprised of the base budget for recurring operational costs and personnel, plus discretionary and non-discretionary supplemental packages for new services, new personnel, or cost increases for existing services and programs. Ms. Neal reviewed residential and commercial construction and permit activity. The Town Council has proposed a tax rate of $0.52 per $100 valuation for the thirteenth consecutive year. Ms. Neal provided an overview of the Town’s historical sales tax collections and the sales tax projection for FY 2019-2020. The Town recently conducted a compensation market study which will result in a market increase to be phased in over the next three years. Public Safety personnel are on a step plan with a 3% increase, and civilian pay is based on a merit system with an average 3% increase. Ms. Neal reviewed the 23 proposed new positions in the budget. General Fund expenditures in the proposed budget total $30.8 million. Town staff considered several assumptions when developing the budget, including the new rollback rate limitation of 3.5% set by the state legislature, continued sales tax growth, and the need for additional civilian and public safety staff as the Town’s population continues to grow. The Town’s Water and Sewer Fund revenue for FY 2019-2020 is estimated at $24.9 million, with no change to residential water and sewer rates. Ms. Neal reviewed proposed major water and sewer program enhancements. The Town takes advantage Page 7 Item 4. Page 4 of 7 of grant opportunities to fund projects whenever possible, utilizing an Internal Grant Committee to review potential grant sources. Hulon Webb, Director of Engineering, continued the presentation with an overview of the Captial Improvement Program (CIP). The Town’s approach to infrastructure planning is to coordinate with developers and regional partners whenever possible to construct improvements to accommodate the Town’s rapid growth, and to mitigate the negative impacts of that growth. Town staff recently proposed the use of a lternative construction bidding methods to get the best value. To maximize opportunities for regional funding, the Town has strategically selected projects to design ahead of time so they will be “shovel ready” if/when funding opportunities arise. The current CIP includes over $1 billion in regional infrastructure, including five overpasses on US 380 between the Dallas North Tollway and Custer Road. Mr. Webb reviewed the major projects in the FY 2019-2020 CIP. The Town Council emphasized the need for collaboration and coordination with Prosper ISD to ensure adequate roads are built in conjunction with new schools opening. Dudley Raymond, Parks and Recreation Director, responded to questions about specific Parks and Recreation CIP Projects, which are larg ely dependent on the individual developers’ timelines. Ms. Neal continued the presentation with an overview of the key dates in the budget process, which include the first of two Public Hearings on the FY 2019-2020 Budget and the proposed tax rate. Mayor Smith opened the Public Hearings for Items 7, 8, and 9 concurrently. With no one speaking, Mayor Smith closed the Public Hearings. No further action was taken. 10. Discussion on the Town Hall Lobby Art project. (RB) Town Staff requested this item be tabled to the September 10, 2019, Town Council meeting. Mayor Pro-Tem Vogelsang made a motion and Councilmember Hodges seconded the motion to table Item 10 to the September 10, 2019, Town Council meeting. The motion was approved by a vote of 7-0. 11. Conduct a Public Hearing, and consider and act upon a request to rezone 11.0± acres from Planned Development-65 (PD-65) to Planned Development- Multifamily (PD-MF), located on the south side of future Prairie Drive, west of future Legacy Drive, to facilitate the development of a Retirement Housing Complex, consisting of one (1) and three (3) story buildings. (Z19-0005). (AG) 12. Conduct a Public Hearing, and consider and act upon a request to rezone 5.7± acres from Planned Development-65 (PD-65) to Office (O), located on the southwest corner of future Prairie Drive and Mahard Parkway. (Z19-0006). (AG) 13. Conduct a Public Hearing, and consider and act upon a request to rezone 15.1± acres of Planned Development-43 (PD-43) and Specific Use Permit-9 (SUP-9), and 3.1± acres of Planned Development-65 (PD-65) to Planned Development (PD), located on the northwest corner of Mahard Parkway and US 380, to Page 8 Item 4. Page 5 of 7 facilitate the development of a Major Automotive Repair Facility (Toyota/Penske). (Z19-0007). (AG) Mayor Smith opened Items 11, 12, and 13 concurrently. Planning Manager Alex Glushko presented all three items concurrently before the Town Council. The purpose of the zoning request in Item 11 is to rezone 11.0± acres from PD-65 to Planned Development-Multifamily to allow for development of an age- restricted retirement housing complex. The complex will consist of a three-story, 217,285 square foot building, containing 180 single and two-bed units. It will also consist of four 3,100 square-foot, two-family, single-story “Villas.” In total, the retirement housing complex will consist of 188 dwelling units which will be age- restricted to residents 55 years of age and older. The purpose of the zoning request in Item 12 is to rezone the property to the Office District to allow for development in the future. At the time of an application for “straight” zoning, the applicant is not required to submit an exhibit depicting how the property will be specifically developed or elevations of the proposed building. Prior to development, the developer will be required to submit a Preliminary Site Plan and/or a Site Plan for review and approval by the Planning & Zoning Commission. The applicant has been advised of the standards necessary for development. The subject property in Item 13 consists of two tracts; the fifteen- acre tract on which the existing Longo Toyota automobile dealership is located, which is currently zoned PD-43 and SUP-9; and the three-acre undeveloped tract, currently zoned PD-65 for single family residential uses, which is proposed to be developed as a major automobile repair/collision repair facility (Penske). The Toyota and Penske ownership groups are related; therefore, this proposal would put both developments under a common PD zoning district. The proposed zoning for Toyota will remain significantly the same as the existing zoning; however, the layout will be slightly modified in order to provide cross-access from the Toyota dealership to the Penske collision repair facility to the north. The Penske collision repair facility is proposed to consist of a one- story, 29,972 square-foot building, with 145 total parking spaces intended to serve customers, employees, and storage. The Executive Development Team (EDT) recommended on-street parking for customers, employees or other vehicles related to the Toyota Rapid Repair tract shall be prohibited, and that all collision-related vehicles must be stored and screened on the rapid repair tract, not on the Toyota dealership tract. The applicant has included the EDT’s recommendation in the proposed development standards. Responding to a question from Council, Town Attorney Terry Welch confirmed that a violation of the age restrictions in the senior living development would be considered a zoning violation, and any future change in the age restriction requirement would require Council approval. Clint Richardson, representing the property owner, Greater Texas Land Resources, spoke in favor of the requests, noting that he supports the proposed uses and the dry detention pond. Tim O’Hanlon, representing the developer of the senior living development, the Alder Group, spoke in favor of the request, and presented photographs of a similar senior living development in an adjacent community. He indicated that the proposed parking is adequate for the development, since most units will only have one car, and only 5 - Page 9 Item 4. Page 6 of 7 6 staff will work at the facility. Responding to a question from the Council, Steve Rosencast, facility management consultant for the applicant, indicated that the staff are trained to communicate with residents’ family members about assisting residents with the transition to more skilled nursing care environments when the need arises. Bart Tinsley of the Alder Group responded to questions about the stone exterior, indicating that the proposed development will use real stone, and not a stone veneer. Craig Curry, representing the property owner for the Office rezoning request and the adjacent residential development, Greater Texas Land Resources, indicated that he has no plans to request smaller lots at this time. He also indicated that the Office zoning request is a placeholder for now, and may include a hotel use in the future. The Council expressed an interest in adding language to the proposed ordinance that would require the Office development to comply with the Town’s development standards as they exist today. Mayor Smith opened the Public Hearings for Items 11, 12, and 13 concurrently. Nicholas Smith, 520 Komron Court, Prosper, spoke in favor of the request, noting the importance of enforcing plans once they are approved to ensure developers are held to a high standard. With no one else speaking, Mayor Smith closed the Public Hearings. The Council discussed the location and screening of the proposed detention pond. Mr. O’Hanlon and David Bond of Spiars Engineering, Engineer for the Toyota/Penske project, responded to questions about the landscape plan and screening. The changes discussed at tonight’s meeting will be incorporated into a proposed ordinance and development agreement which will be brought forward for Council approval at a future meeting. After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Miller seconded the motion to approve the request, subject to: 1. Authorizing a dry detention area as reflected on Exhibit D, the conceptual plan; and 2. Approval of a Development Agreement, including right-of-way and easement dedication and masonry regulations consistent with proposed Exhibit F. The motion was approved by a vote of 7-0. Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Andres seconded the motion to approve the request to rezone 5.7± acres from Planned Development- 65 (PD-65) to Office (O), located on the southwest corner of future Prairie Drive and Mahard Parkway and approval of a Development Agreement, including right-of-way and easement dedication and masonry regulations consistent with the Town’s masonry requirements for office structures. The motion was approved by a vote of 7- 0. Councilmember Hodges made a motion and Councilmember Andres seconded the motion to rezone 15.1± acres of Planned Development-43 (PD-43) and Specific Use Permit-9 (SUP-9), and 3.1± acres of Planned Development-65 (PD-65) to Planned Development (PD), located on the northwest corner of Mahard Parkway and US 380, to facilitate the development of a Major Automotive Repair Facility (Toyota/Penske), subject to approval of a Development Agreement, including right-of-way and easement dedication and masonry regulations consistent with proposed Exhibit F. Page 10 Item 4. Page 7 of 7 Executive Session: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: Section 551.087 – To discuss and consider economic development incentives. 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. The Town Council recessed into Executive Session at 9:20 p.m. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 10:18 p.m. No action was taken as a result of the Closed Session. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. 14. Infrastructure Fee Waivers. (HW) This item was not discussed. Adjourn. The meeting was adjourned at 10:18 p.m. on Tuesday, August 27, 2019. These minutes approved on the 10th day of September 2019. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Page 11 Item 4. Page 1 of 1 To: Mayor and Town Council From: Robyn Battle, Town Secretary Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 10, 2019 Agenda Item: Consider and act upon a resolution designating The Prosper Press as the official newspaper of the Town of Prosper, and The Dallas Morning News as an alternative advertising source, for Fiscal Year 2019-2020. Description of Agenda Item: Section 2051.049 of the Texas Government Code provides that the Town Council shall select one or more newspapers to publish notices, and Section 11.02 of the Town Charter states that the Town Council shall annually declare an official newspaper of general circulation in the Town. The Prosper Press meets these requirements for the purpose of publishing ordinances, election notices, public hearing notices, and other notices required by ordinance, the Town Charter and state law. Town staff recommends the continued use of The Dallas Morning News as an alternate advertising source in the event that the Town encounters a situation where an advertising or public notice deadline could not be timely met by The Prosper Press. Legal Obligations and Review: The proposed resolution is a standard format previously approved by the Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P. Attached Documents: 1. Resolution Town Staff Recommendation: Town staff recommends the Town Council adopt a resolution designating The Prosper Press as the official newspaper of the Town of Prosper, and The Dallas Morning News as an alternative advertising source, for Fiscal Year 2019-2020. Proposed Motion: I move to adopt a resolution designating The Prosper Press as the official newspaper of the Town of Prosper, and The Dallas Morning News as an alternative advertising source, for Fiscal Year 2019-2020. Prosper is a place where everyone matters. TOWN SECRETARY/PIO Page 12 Item 5. TOWN OF PROSPER, TEXAS RESOLUTION NO. 19-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DESIGNATING THE PROSPER PRESS AS THE OFFICIAL NEWSPAPER OF THE TOWN OF PROSPER, AND THE DALLAS MORNING NEWS AS AN ALTERNATE ADVERTISING SOURCE, FOR FISCAL YEAR 2019-2020. WHEREAS, Section 11.02 of the Prosper Town Charter provides that the Town Council shall declare annually an official newspaper of general circulation in the Town. All ordinances, notices and other matters required by the Charter, Town ordinance, or the Constitution and laws of the State of Texas shall be published in the official newspaper; and WHEREAS, Section 2051.049 of the Texas Government Code provides that the Town Council shall select one or more newspapers to publish notices; and WHEREAS, Resolution No. 15-31, approved by the Prosper Town Council on May 26, 2015, provides that The Dallas Morning News is authorized as an alternate advertising source in the event that the Town encounters a situation where an advertising or public notice deadline could not be timely met by The Prosper Press; and WHEREAS, the Town Council of the Town of Prosper desires to designate the official public newspaper and an alternate newspaper of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The Town Council of the Town of Prosper hereby designates The Prosper Press, a public newspaper in and of the Town of Prosper, Texas, as the official newspaper of said Town, the same to continue as such until another is selected, and shall cause to be published therein all ordinances, notices and other matters required by law or by ordinance to be published. The Dallas Morning News is hereby designated as an authorized advertising source in the event that the Town encounters a situation where an advertising or public notice deadline cannot be timely met by The Prosper Press. SECTION 2 This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS THE 10TH DAY OF SEPTEMBER 2019. _____________________________ Ray Smith, Mayor Page 13 Item 5. Resolution No. 19-__, Page 2 ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 14 Item 5. Page 1 of 1 To: Prosper Town Council From: Ray Smith, Mayor and PEDC Board Member Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 10, 2019 Agenda Item: Consider and act upon adopting the FY 2019-2020 Prosper Economic Development Corporation budget. Description of Agenda Item: Section 21 of the Development Corporation Act of 1979 (Texas Revised Civil Statutes Article 5190.6), the “Act,” provides that the Town shall approve all programs and expenditures of the development corporation and shall annually review any financial statements of the corporation. It further provides that at all times the Town will have access to the books and the records of the development corporation. Additionally, Section 23(a)(13) of the Act states that the powers of the corporation shall be subject at all times to the control of the Town’s governing body. Budget Impact: There is no impact to the Town of Prosper’s General Fund as the Prosper Economic Development Corporation (Prosper EDC) is funded wholly by a half-cent of the local sales tax revenue. Since approved by Prosper citizens in 1996, the Prosper EDC has endeavored as its mission to “create jobs and capital investment” with the aim of expanding the local commercial property tax base and sales tax base, thereby lessening the property tax burden on homeowners. Attached Documents: 1. FY 2019-2020 Prosper Economic Development Corporation budget as approved by the Prosper EDC Board on August 21, 2019. Prosper EDC Board Recommendation: The Prosper EDC Board recommends that the Town Council review and adopt the FY 2019-2020 Prosper Economic Development Corporation budget. Proposed Motion: I move to adopt the FY 2019-2020 Prosper Economic Development Corporation budget. Prosper is a place where everyone matters. Page 15 Item 6. PROSPER ECONOMIC DEVELOPMENT CORPORATION FY 2019-2020 Annual Budget Final Presented to EDC Board 08/21/2019 Final Approved/Amended Actual to Date PROPOSED FY 2017-2018 FY 2018-2019 FY 2018-2019 FY 2019-2020 REVENUES 800 4120 65 00 Sales Tax 2,047,473.00$ 2,455,008$ 2,394,619$ 2,750,000$ 800 4610 65 00 Interest on Investments 36,000.00$ 50,000$ 95,524$ 100,000$ 800 4910 65 00 Other Revenue -$ 46$ Total Revenues 2,083,473.00$ 2,505,008$ 2,490,189$ 2,850,000$ EXPENSES Personnel Services - Salary 800 5110 65 00 Salaries & Wages 374,333.00$ 385,562$ 172,665$ 384,092$ 800 5115 65 00 Salaries - Overtime -$ -$ 800 5140 65 00 Salaries - Longevity Pay 85.00$ 275$ 270$ 320$ 800 5141 65 00 Salary Incentive 20,000.00$ 20,000$ -$ 25,000$ 800 5142 65 00 Car Allowance 14,400.00$ 14,400$ 4,200$ 14,400$ 800 5143 65 00 Cell Phone Allowance 2,580.00$ 2,580$ 1,390$ 2,880$ 800 0000 65 00 Temporary Salaries -$ -$ Total Salary 411,398.00$ 422,817$ 178,525$ 426,692$ Personnel Services - Benefit 800 5145 65 00 Social Security Expense 24,044.00$ 24,335$ 8,222$ 24,905$ 800 5150 65 00 Medicare Expense 5,624.00$ 5,692$ 2,401$ 5,825$ 800 5155 65 00 Unemployment (SUTA)513.00$ 486$ 18$ 486$ 800 5160 65 00 Health Insurance 25,107.00$ 26,378$ 18,108$ 35,381$ 800 5165 65 00 Dental Insurance 1,382.00$ 1,451$ 920$ 1,398$ 800 5170 65 00 Life Insurance 517.00$ 517$ 186$ 517$ 800 5175 65 00 Liability (TML) Worker's Comp 388.00$ 746$ 338$ 764$ 800 5176 65 00 TML Prop. & Liab. Insurance -$ -$ 800 5180 65 00 TMRS-Expense 54,137.00$ 53,182$ 24,058$ 54,430$ 800 5185 65 00 Long Term/Short Term Disability 712.00$ 715$ 317$ 730$ 800 5186 65 00 WELLE-Wellness Prog Reimb-Empl 600.00$ 600$ 517$ 1,200$ Total Benefits 113,024.00$ 114,102$ 55,084$ 125,636$ Operating, Land & Incentive Expenses 800 5189 65 00 Admin. Fees to Town 15,000.00$ 15,000$ 12,500$ 15,000$ 800 5190 65 00 Contract Labor 50,000$ -$ 50,000$ 800 5191 65 00 Hiring Cost -$ -$ -$ 800 5210 65 00 Office Supplies 2,500.00$ 2,500$ 943$ 2,500$ 800 5212 65 00 Building Supplies 500.00$ 500$ 851$ 800$ 800 5220 65 00 Office Equip & Furniture 45,000.00$ 15,000$ 2,428$ 15,000$ 800 5230 65 00 Dues & Subscriptions 30,000.00$ 40,000$ 13,416$ 40,000$ 800 5240 65 00 Postage & Freight 1,000.00$ 1,000$ 255$ 1,000$ 800 5265 65 00 Promotional Expense 55,000.00$ 80,000$ 16,546$ 85,000$ 800 5280 65 00 Printing and Reproduction 15,000.00$ 5,000$ 213$ 5,000$ 800 5305 65 00 Chapter 380 Program Grant 81,177.00$ 504,515$ 410,489$ 554,570$ 800 5310 65 00 Rental/Office Lease 47,500.00$ 65,500$ 58,325$ 60,000$ 800 5330 65 00 Copier Expense 5,500.00$ 5,500$ 1,662$ 5,500$ 800 5340 65 00 Building Repairs 500.00$ 500$ -$ 500$ 800 5410 65 00 Professional Services 70,000.00$ 225,000$ 148,893$ 225,000$ 800 5412 65 00 Audit Fees 1,750.00$ 2,375$ 2,375$ 2,494$ 800 5414 65 00 Appraisal/Tax Fees -$ 1,676$ -$ 800 5418 65 00 IT Fees -$ -$ -$ 800 5430 65 00 Legal Fees 15,000.00$ 25,000$ 5,782$ 20,000$ 800 5480 65 00 Contracted Services 12,500.00$ -$ -$ -$ 800 5520 65 00 Telephones-Cable 4,200.00$ 4,200$ 547$ -$ 800 5521 65 00 Cell Phone Expense -$ -$ -$ 800 5523 65 00 Water 500.00$ -$ -$ -$ 800 5524 65 00 Gas - Office 400.00$ -$ -$ -$ 800 5525 65 00 Electricity - Office 2,100.00$ -$ -$ -$ 800 5526 65 00 Mobile Data Network 1,000$ 760$ 1,000$ 800 5530 65 00 Travel/Lodging/Meals Expense 20,000.00$ 30,000$ 2,800$ 30,000$ 800 5531 65 00 Prospect Mtgs/Business Meals 6,000.00$ 10,000$ 2,663$ 10,000$ 800 5533 65 00 Mileage Expense 500.00$ 500$ 430$ 500$ 800 5536 65 00 Training/Seminars 10,900.00$ 15,000$ 4,868$ 15,000$ 800 6015 65 00 Project Incentives 4,100.00$ 10,000$ -$ 100,000$ 800 7100 65 0 Operating Transfer Out 660$ Total Expenses 446,627.00$ 1,108,090$ 689,084$ 1,238,864$ Total Operating Costs 971,049$ 1,645,009$ 922,693$ 1,791,192$ Net Income 1,112,424$ 859,999$ 1,567,496$ 1,058,808$ Page 16 Item 6. 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 – September 10, 2019 Agenda Item: Consider and act upon an ordinance approving a tariff authorizing an annual rate review (RRM) mechanism settlement between the Atmos Cities Steering Committee and Atmos Energy Corporation regarding the Company’s 2019 rates set by the settlement as a substitution for the annual interim rate adjustment process defined by section 104.301 of the Texas Utilities Code. Description of Agenda Item: The Town of Prosper, along with 171 other Mid-Texas municipalities served by Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC”). In 2007, the Cities and Atmos Mid-Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation). That settlement created a substitute rate review process, referred to as Rate Review Mechanism (“RRM”), as a substitute for future filings under the GRIP statute. Since 2007, there have been several modifications to the original RRM Tariff. The most recent iteration of an RRM Tariff was reflected in an ordinance adopted by the ACSC members in 2018. On or about April 1, 2019, the Company filed a rate request pursuant to the RRM Tariff adopted by ACSC members. The company claimed that its cost of service in a test year ending December 31, 2018, entitled it to additional system-wide revenues of $70 million. Application of the standards set forth in ACSC’s RRM tariff required Atmos to reduce its request to $54 million, $39.3 million of which would be applicable to ACSC members. ACSC’s consultant concluded that the system-wide deficiency under the RRM regime should be $38.7 million instead of the claimed $54 million. The amount of the $38.7 million deficiency applicable to ACS members would be $28.2 million. After the Company reviewed ACSC’s consultants’ report, ACSC’s Executive Committee and the Company negotiated a settlement whereby the Company would receive an increase of $35.4 million from ACSC Cities. Atmos generated proof that the rate tariffs attached to the Ordinance will generate $35.4 million in additional revenues from ACSC Cities. That proof is attached as Attachment 1 to this staff report. ACSC consultants have agreed that Atmos’ Proof of Revenues is accurate. The impact of the settlement on average residential rates is an increase of $2.05 on a monthly basis, or 3.7 percent. The increase for average commercial usage will be $6.18 or 2.31 percent. A bill impact comparison is attached as Attachment 2. Prosper is a place where everyone matters. FINANCE Page 17 Item 7. Page 2 of 2 ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring declining expenses and increasing revenues while rewarding the Company for increasing capital investment on an annual basis. The GRIP process does not allow any review of the reasonableness of capital investment and does not allow cities to participate in the Railroad Commission’s review of annual GRIP filings or allow recovery of Cities’ rate case expenses. The Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full hearing) and rate increases go into effect without any material adjustments. In ACSC’s view, the GRIP process unfairly raises customers’ rates without any regulatory oversight. In contrast, the RRM process has allowed for a more comprehensive rate review and annual evaluation of expenses and revenues, as well as capital investment. While residents outside municipal limits must pay rates governed by GRIP, there are some cities served by Atmos Mid-Tex that chose to remain under GRIP rather than adopt RRM. Additionally, the City of Dallas adopted a variation of RRM which is referred to as DARR. When new rates become effective on October 1, 2019, ACSC residents will have a slight economic monthly advantage over comparable GRIP and comparable DARR rates (see Attachment 3). The Executive Committee recommends a settlement at this amount. The Effe ctive Date for new rates is October 1, 2019. ACSC members should take action approving the Ordinance before the end of September. Legal Obligations and Review: Geoffrey M. Gay, ACSC ‘s general counsel prepared the attached Ordinance and Attachments 1, 2 and 3. Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality. Attached Documents: 1. Ordinance 2. Exhibit A – Rate Tariffs Effective October 1, 2019 3. Exhibit B – 2019 Benchmark for Pensions and Retiree Medical Benefits 4. Exhibit C – 2019 Amortization Schedule for Regulatory Liability 5. Attachment 1 – Proof of Revenues 6. Attachment 2 – Bill Impact 7. Attachment 3 – RRM Monthly Savings Over GRIP and DARR Rates Town Staff Recommendation: Town staff recommends approval of the ordinance approving a tariff authorizing an annual rate review (RRM) mechanism settlement between the Atmos Cities Steering Committee and Atmos Energy Corporation regarding the Company’s 2019 rate review mechanism filing rates set by the settlement as a substitution for the annual interim rate adjustment process defined by section 104.301 of the Texas Utilities Code. Recommended Motion: I move to approve the ordinance authorizing an annual rate review (RRM) mechanism settlement between the Atmos Cities Steering Committee and Atmos Energy Corporation regarding the Company’s 2019 rates set by the settlement as a substitution for the annual interim rate adjustment process defined by section 104.301 of the Texas Utilities Code. Page 18 Item 7. TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-TEX DIVISION (“ATMOS MID-TEX” OR “COMPANY”) REGARDING THE COMPANY’S 2019 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF REGULATORY LIABILITY; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE RATEMAKING EXPENSES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC’S LEGAL COUNSEL. WHEREAS, the Town of Prosper, Texas (“Town”), is a gas utility customer of Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the Town is a member of the Atmos Cities Steering Committee (“ACSC”), a coalition of similarly-situated cities served by Atmos Mid-Tex (“ASCS Cities”) that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a new Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system -wide cost of serving the Atmos Mid-Tex Division; and WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in 2018; and WHEREAS, on about April 1, 2019, Atmos Mid-Tex filed its 2019 RRM rate request with ACSC Cities based on a test year ending December 31, 2018; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2019 RRM filing through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues identified in the Company’s RRM filing; and WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $35.4 million applicable to ACSC Cities; and Page 19 Item 7. Ordinance No. 19-__, Page 2 WHEREAS, the attached tariffs (Exhibit A) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Exhibit B); and WHEREAS, the settlement agreement establishes an amortization schedule for regulatory liability (Exhibit C); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable expenses associated with RRM applications; 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 copied in their entirety. SECTION 2 Without prejudice to future litigation of any issue identified by ACSC, the Town Council finds that the settled amount of an increase in revenues of $35.4 million for ACSC Cities represents a comprehensive settlement of gas utility rate issues affecting the rates, operations and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex’s 2019 RRM filing, is in the public interest, and is consistent with the Town’s authority under Section 103.001 of the Texas Utilities Code. SECTION 3 The existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs, attached hereto and incorporated herein as Exhibit A, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $35.4 million from customers in ACSC Cities, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. SECTION 4 The ratemaking treatment for pensions and retiree medical benefits in Atmos Mid -Tex’s next RRM filing shall be as set forth on Exhibit B, attached hereto and incorporated herein. SECTION 5 The amortization of regulatory liability shall be consistent with the schedule found in Exhibit C, attached hereto and incorporated herein. Page 20 Item 7. Ordinance No. 19-__, Page 3 SECTION 6 Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company’s 2019 RRM filing. SECTION 7 To the extent any resolution or ordinance previously adopted by the Town is inconsistent with this Ordinance, it is hereby repealed. SECTION 8 The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 9 If any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, and the remaining provisions of this Ordinance shall be interpreted as if the offending section or clause never existed. SECTION 10 Consistent with the Town ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after October 1, 2019. SECTION 11 A copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs, Atmos Energy Corporation, Mid-Tex Division, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to Mid- Tex Cities, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PASSED AND APPROVED by the Town Council of the Town of Prosper, Texas, on this the 10th day of September, 2019. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: _______________________________ Robyn Battle, Town Secretary Page 21 Item 7. Ordinance No. 19-__, Page 4 APPROVED AS TO FORM: _______________________________ Terrence S. Welch, Town Attorney Page 22 Item 7. Ordinance No. 19-__, Page 5 EXHIBIT A Page 23 Item 7. Ordinance No. 19-__, Page 6 EXHIBIT B Page 24 Item 7. Ordinance No. 19-__, Page 7 EXHIBIT C Page 25 Item 7. Exhibit A Rate Tariffs Effective October 1,2019 Page 26 Item 7. MID-TEX DIVISION ATMOS ENERGY CORPORATION RRC Tariff No: RATE SCHEDULE:R -RESIDENTIAL SALES APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE:Bills Rendered on or after 10/01/2019 PAGE: Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery,additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $19.55 per month Rider CEE Surcharge $ 0.05 per month' Total Customer Charge $19.60 per month Commodity Charge - AllCcf $0.17423 per Ccf Gas Cost Recovery:Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a)and Part (b),respectively,of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment:Plus an amount for tax calculated in accordance with Rider TAX. Surcharges:Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 'Reference Rider CEE -Conservation and Energy Efficiency as approved in GUD 10170.Surcharge billingeffective July 1, 2019. Page 27 Item 7. MID-TEX DIVISION ATMOS ENERGY CORPORATION RRC Tariff No: RATE SCHEDULE:C -COMMERCIAL SALES APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE:Bills Rendered on or after 10/01/2019 PAGE: Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $46.50 per month Rider CEE Surcharge $0.02 permonth^ Total Customer Charge $46.52 per month Commodity Charge -All Ccf $0.09924 per Ccf Gas Cost Recovery;Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a)and Part (b),respectively,of Rider GCR. Weather Normalization Adjustment:Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment:Plus an amount for franchise fees calculated in accordance with Rider FF,Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment:Plus an amount for tax calculated in accordance with Rider TAX. Surcharges:Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 'Reference Rider CEE -Conservation and Energy Efficiency as approved in GUD 10170.Surcliarge billingeffective July 1,2019. Page 28 Item 7. MID-TEX DIVISION ATMOS ENERGY CORPORATION RRC Tariff No: RATE SCHEDULE:1 -INDUSTRIAL SALES APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE:Bills Rendered on or after 10/01/2019 PAGE: Application Applicable to Industrial Custonners with a maximum daily usage (MDU)of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter.Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $845.50 per month First 0 MMBtu to 1,500 MMBtu $0.3572 per MMBtu Next 3,500 MMBtu $0.2616 per MMBtu All MMBtu over 5,000 MMBtu $0.0561 per MMBtu Gas Cost Recovery:Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a)and Part (b),respectively,of Rider GCR. Franchise Fee Adjustment:Plus an amount for franchise fees calculated in accordance with Rider FF.Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment:Plus an amount for tax calculated in accordance with Rider TAX. Surcharges:Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries. Customer will, for each MMBtu delivered in excess of the stated level of curtailment or internjption,pay Company 200%of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey"is no longer published,Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Page 29 Item 7. MID-TEX DIVISION ATMOS ENERGY CORPORATION RRC Tariff No: RATE SCHEDULE:1 -INDUSTRIAL SALES APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE:Bills Rendered on or after 10/01/2019 PAGE: Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tarifffor Gas Service. Special Conditions In order to receive service under Rate I,Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Page 30 Item 7. MID-TEX DIVISION ATMOS ENERGY CORPORATION RRC Tariff No: RATE SCHEDULE:T-TRANSPORTATION APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE:Bills Rendered on or after 10/01/2019 PAGE: Application Applicable,in the event that Company has entered into a Transportation Agreement,to a customer directly connected to the Atmos Energy Corp.,Mid-Tex Division Distribution System (Customer)for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery,additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $845.50 per month First 0 MMBtu to 1,500 MMBtu $0.3572 per MMBtu Next 3,500 MMBtu $0.2616 per MMBtu All MMBtu over 5,000 MMBtu $0.0561 per MMBtu Upstream Transportation Cost Recovery:Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment:Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment:Plus an amount for franchise fees calculated in accordance with Rider FF.Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment:Plus an amount for tax calculated in accordance with Rider TAX. Surcharges:Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i)$0.10 per MMBtu,or (ii)150%of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance,as defined in the applicable Transportation Agreement,at the end of each month that exceeds 10%of Customer's receipt quantities for the month. Page 31 Item 7. MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE:T -TRANSPORTATION APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE:Bills Rendered on or after 10/01/2019 PAGE: Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or Interruption,pay Company 200%of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Dally in the table entitled "Daily Price Survey"is no longer published,Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable Index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T,customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Page 32 Item 7. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER:WNA-WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE:Bills Rendered on or after 11/01/2019 PAGE: Provisions for Adjustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described,which amount is referred to as the "Weather Normalization Adjustment."The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April.The five regional weather stations are Abilene,Austin,Dallas,Waco,and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following fomiula: WNAF Where WNAF1 Ri = HSFj = NDD = ADD Bli Ri (HSFj (NDD-ADD)) (BLj (HSFj X ADD)) any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification Weather Normalization Adjustment Factor for the i*'^rate schedule or classification expressed in cents per Ccf Commodity Charge rate oftemperature sensitive sales for the i^l^schedule or classification. heat sensitive factor for the i^^schedule or classification divided by the average bill count in that class billingcycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. billing cycle actual heating degree days. base load sales for the i^*^schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNAi = WNAFi x qij Where qy is the relevant sales quantity for the jth customer in ith rate schedule. Page 33 Item 7. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER:WNA -WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE:Bills Rendered on or after 11/01/2019 PAGE: Base Use/Heat Use Factors Residential Commercial Weather Station Abilene Base use Ccf 9.77 Heat use Ccf/HDD 0.1487 Base use Ccf 88.49 Heat use Ccf/HDD 0.7036 Austin 9.04 0.1537 201.48 1.0000 Dallas 13.07 0.2202 184.64 1.1385 Waco 8.77 0.1470 135.70 0.7744 Wichita Falls 11.40 0.1468 117.90 0.5943 Weather Normalization Adiustment (WNA)Report On or before June 1 of each year,the company posts on its website at atmosenergy.com/mtx-wna,in Excel format, a Weather Normalization Adjustment (WNA)Report to show how the company calculated its WNAs factor during the preceding winter season.Additionally, on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas'Gas Services Division,addressed to the Director of thatDivision. Page 34 Item 7. Exhibit B 2019 Benchmark for Pensions and Retiree Medical Benefits Page 35 Item 7. ATMOS ENERGY CORP.,MID-TEX DIVISION PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL TEST YEAR ENDING DECEMBER 31,2018 Shared Services Mid-Tex Direct Post-Supplemental Post- Line Pension Employment Pension Executive Benefit Employment Adjustment No.Description Account Plan Benefit Plan Account Plan Plan Benefit Plan Total 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (a)(b)(c)(d)(e)(f) Proposed Benefits Benchmark - Fiscal Year 2019 Willis Towers Watson Report as adjusted (1) (2) (3)$2.744.088 $2,267.927 $4,724,119 $193,211 $2,621,842 Allocation to Mid-Tex 43.48%43.48%73.88%100.00%73.88% Proposed Benefits Benchmark Costs Allocated to Mid-Tex (Ln 1 x Ln2) $1,193,029 $ 100.00% 986,012 $3,490,241 $193,211 $1,937,051 100.00%100.00%100.00% 100.00% (g) O&M and Capital Allocation Factor Proposed Benefits Benchmark Costs to Approve (Ln 3 x Ln 4) (3)$1,193,029 $986,012 $3,490,241 $193,211 $1,937,051 $7,799,544 Summary of Costs to Approve (1): O&M Expense Factor (WP_F-2.3, Ln2) Total Pension Account Plan Total Post-Employment Benefit Plan Total Supplemental Executive Benefit Plan Total (Ln 13 + Ln 14 + Ln 15)$ 81.35% 970,514 970,514 $ 81.35%38.28%16.24% $1,336,038 802,108 $31,377 802,108 $1,336,038 $31,377 $ Notes; 1.Studies not applicable to Mid-Tex or Shared Services are omitted. 2.The Company is requesting that the benchmark amount approved by the RRM Cities for future periods include only the expense amount. The amount attributable to capital would continue to be recorded to utility plant through the overhead process as described in the CAM. 3.SSU amounts exclude cost centers which do not allocate to Mid-Tex for rate making purposes. 38.28% 741,489 2,306,553 1,543,597 31,377 741,489 $3,881,527 Page 36 Item 7. Exhibit C 2019 Amortization Schedule for Regulatory Liability Page 37 Item 7. Line No. ATMOS ENERGY CORP.,MID-TEX DIVISION RATE BASE ADJUSTMENTS TEST YEAR ENDING DECEMBER 31,2018 AMORTIZATION OF REGULATORY LIABILITY Year Ended Dec.31 Beginning of Year Rate Base Adjustment Amount (1) Annual Amortization (2) End of Year Rate Base Adjustment Amount (a)(b)(c)(d) 1 2018 $290,043,948 $-290,043,948 2 2019 290,043,948 12,085,165 277,958,784 3 2020 277,958,784 12,085,165 265.873,619 4 2021 265,873,619 12,085,165 253,788,455 5 2022 253,788,455 12,085,165 241,703,290 6 2023 241,703,290 12,085,165 229,618,126 7 2024 229,618,126 12,085,165 217,532,961 8 2025 217,532,961 12,085,165 205,447,797 9 2026 205,447,797 12,085,165 193,362,632 10 2027 193,362,632 12,085,165 181,277,468 11 2028 181,277,468 12,085,165 169,192,303 12 2029 169,192,303 12,085,165 157,107,139 13 2030 157,107,139 12,085,165 145,021,974 14 2031 145,021,974 12,085,165 132,936.810 15 2032 132,936,810 12,085,165 120.851,645 16 2033 120,851,645 12,085,165 108.766.481 17 2034 108,766,481 12,085,165 96.681.316 18 2035 96,681,316 12,085,165 84.596.152 19 2036 84,596,152 12,085,165 72.510.987 20 2037 72,510.987 12,085,165 60.425,823 21 2038 60,425,823 12,085,165 48,340,658 22 2039 48,340,658 12,085,165 36.255,494 23 2040 36,255,494 12,085,165 24,170,329 24 2041 24,170,329 12,085,165 12,085,165 Page 38 Item 7. 25 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 2042 12,085,165 Revenue Related Tax Factor Revenue Related Taxes on Annual Amortization (see WP_B-6.3) Related Taxes (see WP_B-6.3) $ 12,085,165 (0) 6.71%SeeWP_F-5.1 Amortization *Tax 810,653 Factor $12,905,421 Amortization +Taxes Notes: 1.The beginning 2018 balance is the September,2018 balance.The regulatory liabilityfor excess deferred taxes is an estimate.This estimate will be finalized when the Company files its federal tax return in July,2019.To the extent that this estimate changes with the filing of the Company's tax return, the Company will 'true-up'the amount in the 2020 RRM filing. 2.The annual amortization of a 24 year recovery period is based on the Reverse South Georgia Method. 3.The Regulatory Liability is recorded to FERC Account 253,Sub Account 27909. Page 39 Item 7. Attachment 1 Proof of Revenues Page 40 Item 7. Line No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Customer Class (a) Residential Customer Charge Consumption Charge Revenue Related Taxes Total Class Revenue Commercial Customer Charge Consumption Charge Revenue Related Taxes Total Class Revenue Industrial &Transportation Customer Charge Consumption Charge Tier 1 Consumption Charge Tier 2 Consumption Charge Tier 3 Revenue Related Taxes Total Class Revenue Total Excluding Other Revenue Revenue Related Tax Factor ATMOS ENERGY CORP.,MID-TEX DIVISION RRM CITIES RATE REVIEW MECHANISM PROOF OF REVENUES -SYSTEMWIDE TEST YEAR ENDING DECEMBER 31,2018 Current Proposed (b) 18.85 0.14846 43.50 0.09165 (c) 19.55 0.17423 46.50 0.09924 Bills Cof/MmBtu (d)(e) 18,572,400 876,575,629 1,492,740 576,758,305 $784.00 $845.50 9,804 $0.3312 $0.3572 10,724,328 $0.2425 $0.2616 12,346,302 $0.0520 $0.0561 22,335,700 6.7078% Page 41 Item 7. Current Revenues Proposed Revenues Increase (0 (g)(h) $350,089,740 $363,090,420 130,136,418 152,725,772 32,212,790 34,600,111 $512,438,948 $550,416,303 $37,977,356 64,934,190 $69,412,410 52,859,899 57,237,494 7,901,436 ^495,470 $125,695,525 $135,145,374 $9,449,849 7,686,336 $8,289,282 3,551,897 3,830,730 2,993,978 3,229,793 1,161,456 1,253,033 1,032,582 1,113,691 $16,426,250 $17,716,529 $1,290,278 $654,560,722 $703,278,206 $48,717,483 Page 42 Item 7. Attachment 2 BUI Impact Page 43 Item 7. ATMOS ENERGY CORP..MID-TEX DIVISION AVERAGE BILL COMPARISON -BASE RATES TEST YEAR ENDING DECEMBER 31.2018 Line 1 Rate R (5)47.5 Ccf CURRENT 2 Customer charge $18.85 3 Consumption charge 47.5 CCF X $0.14846 7.05 4 Rider OCR Part A 47.5 CCF X $0.27375 13.00 5 Rider GCR Part B 47.5 CCF X $0.27485 13.06 6 Subtotal $51.96 7 Rider FF &Rider TAX $51.96 X 0.06708 3.49 8 n Total $55.45 9 10 Customer charge 11 Consumption charge 47.5 CCF X $0.17423 = 12 Rider GCR Part A 47.5 CCF X $0.27375 = 13 Rider GCR Part B 47.5 CCF X $0.27485 = 14 Subtotal 15 Rider FF &Rider TAX $53.89 X 0.06708 = 16 Total 17 18 19 Rate C (S)367.6 Ccf CURRENT 20 Customer charge $43.50 21 Consumption charge 367.6 CCF X $0.09165 33.69 22 Rider GCR Part A 367.6 CCF X $0.27375 100.62 23 Rider GCR Part B 367.6 CCF X $0.19927 73.25 24 Subtotal $251.06 25 Rider FF &Rider TAX $251.06 X 0.06708 16.84 26 Total $267.90 27 28 Customer charge 29 Consumption charge 367.6 CCF X $0.09924 - 30 Rider GCR Part A 367.6 CCF X $0.27375 = 31 Rider GCR Part B 367.6 CCF X $0.19927 = 32 Subtotal 33 Rider FF&Rider TAX $256.85 X 0.06708 = 34 Total 35 PROPOSED CHANGE $19.55 8.28 13.00 13.06 $53.89 3.61 $57.50 $2.05 3.70% PROPOSED CHANGE $46.50 36.48 100.62 73.25 $256.85 17.23 $274.08 6.18 2.31% WP_J-3.1 Page 1 of 2 Page 44 Item 7. ATMOS ENERGY CORP.,MID-TEX DIVISION AVERAGE BILL COMPARISON -BASE RATES TEST YEAR ENDING DECEMBER 31,2018 Line 36 Rate 1 (a>4066 MMBTU CURRENT PROPOSED 37 Customer charge $784.00 38 Consumption charge 1,500 MMBTU X $0.3312 =496.80 39 Consumption charge 2,566 MMBTU X $0.2425 =622.14 40 Consumption charge 0 MMBTU X $0.0520 :- 41 Rider OCR Part A 4,066 MMBTU X $2.6733 =10,868.51 42 Rider OCR Part B 4,066 MMBTU X $0.4491 =1,825.85 43 Subtotal $14,597.30 44 Rider FF &Rider TAX $14,597.30 X 0.06708 979.16 45 Total $15,576.46 46 47 Customer charge $845.50 48 Consumption charge 1,500 MMBTU X $0.3572 =535.80 49 Consumption charge 2,566 MMBTU X $0.2616 =671.14 50 Consumption charge 0 MMBTU X $0.0561 =- 51 Rider GCR Part A 4,066 MMBTU X $2.6733 =10,868.51 52 Rider GCR Part B 4,066 MMBTU X $0.4491 =1,825.85 53 Subtotal $14,746.80 54 Rider FF &Rider TAX $14,746.80 X 0.06708 989.19 55 Total $15,735.99 56 57 Rate T (d)4066 MMBTU CURRENT PROPOSED 58 Customer charge $784.00 59 Consumption charge 1,500 MMBTU X $0.3312 =496.80 60 Consumption charge 2,566 MMBTU X $0.2425 :622.14 61 Consumption charge 0 MMBTU X $0.0520 =- 62 Rider GCR Part B 4,066 MMBTU X $0.4491 =1,825.85 63 Subtotal $3,728.79 64 Rider FF &Rider TAX $3,728.79 X 0.06708 250.12 65 Total $3,978.91 66 67 Customer charge $845.50 68 Consumption charge 1,500 MMBTU X $0.3572 =535.80 69 Consumption charge 2,566 MMBTU X $0.2616 =671.14 70 Consumption charge 0 MMBTU X $0.0561 :- 71 Rider GCR Part B 4,066 MMBTU X $0.4491 =1,825.85 72 Subtotal $3,878.29 73 Rider FF &Rider TAX $3,878.29 X 0.06708 260.15 74 Total $4,138.44 75 CHANGE ;159.53 1.02% CHANGE 159.53 4.01% WP_J-3.1 Page 2 of 2 Page 45 Item 7. Attachment 3 RRM Monthly Savings Over GRIP and DARR Rates Page 46 Item 7. Group ACSC/RRM Environs GRIP ATM GRIP DARR ACSC Margin Advantage Over GRIP and DARR Residential Customers Effective October 1.2019 Average Monthly Customer Consumption Charge 47.5 CCF $19.55 47.5 CCF $19.84 47.5 CCF $21.69 47.5 CCF $21.25 Consumption Charge $0.17423 $0.18653 $0.14846 $0.14924 Average Bill $27.83 $28.70 $28.74 $28.34 Average Monthly Savings X $0.87 $0.92 $0.51 Page 47 Item 7. Page 1 of 2 To: Mayor and Town Council From: Chuck Springer, Executive Director of Administrative Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 10, 2019 Agenda Item: Consider and act upon approving an Amendment to the Facility Management Services Agreement between TDIndustries, Inc., and the Town of Prosper Texas, through the National Cooperative Purchasing Alliance (NCPA); and authorizing the Town Manager to execute the same. Description of Agenda Item: In July 2018, the Town Council approved the Facility Management Services Agreement, in order to accommodate the immediate operational needs upon the opening of Town Hall. The initial Agreement included a part-time on-site Building Technician, a Project Manager to oversee the Town’s account, and performance of custodial services, pest control services, coffee and vending services, water feature maintenance, and flag maintenance. The Town’s one-year warranty with the construction contractor for Town Hall has expired. In order to adequately maintain the facility and related mechanical systems, the following services are proposed to be added to the Agreement:  Floor Cleaning and Polishing (as needed)  HVAC Maintenance (scheduled)  Interior/Exterior Window Washing (as needed)  Generator Maintenance (scheduled)  Fire Suppression System Maintenance (scheduled)  Annual Roof Inspection (scheduled) The July 2018 agreement was approved at the amount of $130,000 for FY 2018-19. The amended agreement will contract for the current and additional services at $190,000 for FY 2019- 20. This maintenance plan was discussed with the Town Hall architectural design firm and they were in agreement with the planned services. 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 a Master Interlocal Agreement with NCPA, effective June 1, 2018, which allows our local government to purchase certain goods or services through NCPA. The initial three-year term of the agreement is in effect through July 2021, with automatic one- Prosper is a place where everyone matters. ADMINISTRATION Page 48 Item 8. Page 2 of 2 year renewal periods. The Agreement allows for termination by the Town at any time, upon sixty days prior written notice. Budget Impact: The estimated annual amount for all Facilities Management Services as outlined is $190,000, and will be funded from 100-5480-50-05 Facilities Management. 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 reviewed the Amendment as to form and legality. Attached Documents: 1. Amendment to the Facility Management Services Agreement Town Staff Recommendation: Town staff recommends approving an Amendment to the Facility Management Services Agreement between TDIndustries, Inc., and the Town of Prosper Texas, through the National Cooperative Purchasing Alliance (NCPA); and authorizing the Town Manager to execute the same. Proposed Motion: I move to approve an Amendment to the Facility Management Services Agreement between TDIndustries, Inc., and the Town of Prosper Texas, through the National Cooperative Purchasing Alliance (NCPA); and authorize the Town Manager to execute the same. Page 49 Item 8. 1 Amendment to Town of Prosper Facility Management Services Agreement This Amendment to Agreement (hereinafter referred to as “Amendment”), is entered into the day and year set forth below between TDIndustries Inc. (hereinafter referred to as "Contractor") with its principal place of business at 13850 Diplomat Drive, Dallas, Texas 75234 and the Town of Prosper with its principal address at 200 S. Main Street, Prosper, TX 75078 (hereinafter referred to as "Owner"). This amendment is referenced through the National Cooperative Purchasing Alliance (NCPA) with a Registered Quotation Number of 2019-4369986583 for Facility Services. In consideration of the mutual covenants set forth in the original Agreement between the Parties, dated 07/09/2018, hereinafter referred to as “Agreement,” and other good and valuable consideration, the parties hereto agree to amend the following Attachments to the original Agreement: 1.Attachment B – NCPA Facility Services Pricing 2.Attachment C - Third-Party Service Providers Attachment 1 Page 50 Item 8. 2 Attachment B – NCPA Facility Services Pricing (Amendment) Personnel - Included Benefits Standard Benefits Core Safety Training - Included Training related to licensing - Included Uniforms – Included Communication Device – Included Hourly Rates (per NCPA Contract) Project Manager Hourly Bill Rate $ 105.86 Annual Hours – 78 hours $ 8,257.08 Building Technician - Level One Hourly Bill Rate $ 36.63 Annual Hours – 1,040 hours $ 38,095.20 Building Technician – Level One Hourly Bill Rate $ 36.63 Annual Hours – 96 hours $ 3,516.48 Additional Facility Services personnel may be added to project on an as needed basis. Hourly bill rates are based on NCPA Dallas labor classifications. Mark-up on Third Party Contracts (NCPA Pricing) 15% Computer Maintenance Management System (CMMS) One license @ $3,750 per license per year: $3,750 Overtime pay applies at 1.5 times. NCPA pricing increases annually. Coverage for PTO time not included in above pricing. *Changes in the cost of healthcare due to the Affordable Healthcare Act (AHA) may effective the future cost of healthcare premiums. Any changes will be passed through at cost. Attachment 1 Page 51 Item 8. 3 Attachment C - Third-Party Service Providers (Amendment) Housekeeping Services: AHI Facility Services, Inc. Pricing (w/o mark-up): 1 Lead Cleaner (1,040 hours): $13,333.09/year ($1,111.09/month) 2 Cleaner Technicians (2,080 hours each): $25,161.93/year ($2,096.83/month) 1 Weekend Cleaner (182 hours): $2,273.46/year ($189.45/month) Pressure Washing Services (quarterly basis): $1,580/year ($395/quarter) Supplies: $6,657/year Equipment: $3,593.30/year $52,598.78/year ($4,383.23/month) Mark-up (15%): $7,889.82/year (657.48/month) Total: $60,488.60/year (5,040.71/month) *No annual price increase for years 1-3. Pest Control Services: Green Pest Guys Pricing (w/o mark-up): $3,468 ($289 x 12months) $425 (17 one-time bait box installations x $25 each) $495 (bait box services at $45 x 11 months – 1st month included) $4,388/year Mark-up (15%): $658.20 Total: $5,046.20/year ($420.52/month) *No annual price increase for years 1-3. Coffee Services: Community Coffee Pricing: $1,179.95/initial product delivery (without mark-up) Mark-up (15%): $176.99 Total: $1,356.94/initial product delivery Community Coffee will provide and maintain all coffee equipment at no charge to the Town of Prosper. Additional coffee products will be ordered as needed on an ongoing basis. Water Feature Maintenance: Prestige Pool & Patio TDIndustries will manage service provider that will regularly maintain and clean Prosper Town Hall’s water feature and filters as needed on an ongoing basis. Pricing: $3,654.13/year Mark-up (15%): $548.12/year Total: $4,202.25/year Floor Cleaning & Polishing: GBS Group Attachment 1 Page 52 Item 8. 4 TDIndustries will manage service provider that will execute deep cleaning and polishing of Prosper Town Hall marble floors on a quarterly basis. Additionally, the provider will clean and condition the library wood stairs semi-annually and clean and seal tile bathroom floors on an annual basis. Estimated Pricing: $18,490/year Mark-up (15%): $2,773.50/year Total: $21,263.50/year HVAC Planned Maintenance: TDIndustries - Service TDIndustries will manage TDIndustries’ HVAC Service department to provide semi-annual planned maintenance inspections for Prosper Town Hall’s HVAC systems. Pricing: $6,536.95/year ($3,268.47/semi-annually) Mark-up (15%): $955.25/year Total: $7,492.20/year Interior / Exterior Window Washing: City Wide Building Services TDIndustries will manage service provider that will execute semi-annual window washing for all interior and exterior windows for Prosper’s Town Hall. Estimated Pricing: $12,232/year ($6,116/semi-annually) Mark-up (15%): $1,834.80 Total: $14,066.80/year Generator Planned Maintenance: Clifford Power TDIndustries will manage service provider that will execute semi-annual planned maintenance inspections for Prosper Town Hall’s generators. Pricing: $2,184/year ($1,092/semi-annually) Mark-up (15%): $327.60/year Total: $2,511.60/year Fire Suppression System Maintenance: Firetrol Protection Systems TDIndustries will manage service provider that will execute the annual inspection of all of the fire and life safety systems at Prosper’s Town Hall. Pricing: $2,995/year Mark-up (15%): $449.25/year Total: $3,444.25/year Annual Roof Inspection: Supreme Roofing TDIndustries will manage service provider that will execute the annual roof inspection at Prosper ’s Town Hall which will include a digital report that documents all findings and deficiencies of each roof section. Pricing: $500/year Mark-up (15%): $75/year Total: $575/year Attachment 1 Page 53 Item 8. 5 IN WITNESS WHEREOF, the parties hereto caused this Amendment to the original Agreement to be executed this _______ day of July, 2019. Contractor Owner NAME ________________________________________ NAME Harlan Jefferson TITLE _________________________________________ TITLE Town Manager DATE __________________________________________ DATE Brian Lillard Vice President July 14, 2019 Attachment 1 Page 54 Item 8. Page 1 of 2 Prosper is a place where everyone matters. To: Mayor and Town Council From: Frank E. Jaromin, P.E., Director of Public Works Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 10, 2019 Agenda Item: Consider and act upon an ordinance amending Chapter 13, “Utilities,” of the Town’s Code of Ordinances by adopting a new Article 13.13, “Wastewater Inflow Prevention Plan”; and adopting a Wastewater Inflow Prevention Plan. Description of Agenda Item: Due to large inflow during rain events, the Town of Prosper is in need of a Wastewater Inflow Prevention (WIP) Plan. The measures included in the WIP Plan are intended to provide non- domestic users of the wastewater collection system standards, education and guidelines for reduction of inflow to protect the public wastewater system of the Town of Prosper. During construction, all connections to live collection lines shall be protected from inflow. Proper construction practices and materials shall be utilized and maintained to eliminate inflow during construction. Residential and commercial builders are not exempt. All plumbing roughs are required to any necessary device to prevent inflow. Investigation of inflow conditions, inspections of construction, and enforcement of these standards will apply at all times during construction. The objectives of the WIP Plan are as follows:  To reduce the amount of inflow entering the public wastewater system.  To reduce the possibility of a Sanitary Sewer Overflow (SSO).  To reduce the amount of wastewater sent for treatment.  To extend the life of current wastewater system by delaying the need to expand infrastructure. No user may intentionally or unintentionally allow the direct or indirect discharge of any storm water or water into the public wastewater system. Administrative Fees: The amendment of Appendix A, “Fee Schedule,” of the Town’s Code of Ordinances will also be updated at this meeting by the Finance Department. Administrative fees for violations to the Town’s Wastewater Inflow Prevention Plan of storm water inflow shall be assessed to a user as follows: Non-plugged wastewater lines and manholes under construction receiving inflow: First offense $ 500 per connection per day Second offense $ 750 per connection per day Third offense and subsequent $1,000 per connection per day PUBLIC WORKS Page 55 Item 9. Page 2 of 2 Wastewater services plumbing open: First offense $ 250 per connection per day Second offense $ 400 per connection per day Third offense and subsequent $ 500 per connection per day Wastewater services open/broken: First offense $ 100 per connection per day Second offense and subsequent $ 200 per connection per day Offenses will be reset in January of even numbered years. Contesting Violations. A customer may request a hearing before a hearing officer(s) appointed by the Executive Director of Development and Infrastructure Services within fifteen (15) business days after the date on the Notice. The decision by the Executive Director of Development and Infrastructure Services is final and binding. Unpaid assessed administrative fees related to violations of wastewater under the Town Plan shall incur late payment penalties and may result in termination of work. Legal Obligations and Review: Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality. Attached Documents: 1. Ordinance 2. Wastewater Inflow Prevention Plan Town Staff Recommendation: Town staff recommends that the Town Council consider and act upon an ordinance amending Chapter 13, “Utilities,” of the Town’s Code of Ordinances by adopting a new Article 13.13, “Wastewater Inflow Prevention Plan”; and adopting a Wastewater Inflow Prevention Plan. Proposed Motion: I move to approve an ordinance amending Chapter 13, “Utilities,” of the Town’s Code of Ordinances by adopting a new Article 13.13, “Wastewater Inflow Prevention Plan”; and adopting a Wastewater Inflow Prevention Plan. Page 56 Item 9. TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING CHAPTER 13, “UTILITIES,” OF THE TOWN’S CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE 13.13, “WASTEWATER INFLOW PREVENTION PLAN”; ADOPTING A WASTEWATER INFLOW PREVENTION PLAN; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town of Prosper, Texas (the “Town”), recognizes that the amount of wastewater capacity available to its customers is limited; and WHEREAS, the Town recognizes that the major goal of the Wastewater Inflow Prevention Plan is to manage inflow infiltration to reduce the potential threat to human health from sanitary sewer overflows; and WHEREAS, the Town recognizes that due to natural limitations, heavy rain conditions, system failures and other acts of God which may occur, the Town cannot guarantee an uninterrupted wastewater supply for all purposes at all times; and WHEREAS, the Town has determined an urgent need in the best interests of the public to adopt a Wastewater Inflow Prevention Plan; and WHEREAS, pursuant to Chapters 51 and 54 of the Texas Local Government Code, the Town is authorized to adopt any such ordinances necessary to preserve and conserve its wastewater capacity resources; and WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), desires to adopt a Wastewater Inflow Prevention Plan for the Town as official Town policy for wastewater management; and WHEREAS, the Town Council has investigated and determined that a Wastewater Inflow and Prevention Plan will be advantageous and beneficial to the citizens of Prosper, and will protect the Town’s citizens’ public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, Chapter 13, “Utilities,” of the Town’s Code of Ordinances, is hereby amended by adding thereto a new Article 13.13, “Wastewater Inflow Prevention Plan,” to read as follows: Page 57 Item 9. Ordinance No. 19-__, Page 2 “ARTICLE 13.13 WASTEWATER INFLOW PREVENTION PLAN Sec. 13.13.001 Plan Adopted The Town Council hereby approves and adopts for the Town, its citizens and wastewater customers the new Wastewater Inflow Prevention Plan (the “Plan”), attached to this Ordinance as Exhibit A and incorporated herein for all purposes. A copy of this Ordinance and the Plan are available in the Town Secretary’s Office. Sec. 13.13.002 Administrative Remedies The Town may elect to exercise the following administrative remedies for violations of the Plan in lieu of pursuing criminal or civil penalties against a User, as defined in the Plan. (1) Administrative Fees. Administrative fees/penalties may be imposed for any violation of the Plan, as established in Appendix A to this Code. (2) Contesting Violations: A User may request a hearing before a hearing officer(s) appointed by the Executive Director of Development and Infrastructure Services within fifteen (15) business days after the date on the Notice of a violation of the Plan. The hearing officer(s) shall evaluate all information offered by the User at the hearing. The User shall bear the burden of proof to show why, by preponderance of the evidence, an administrative fee should not be assessed. The hearing officer(s) shall render a decision in writing within three (3) business days of the conclusion of the hearing. A User may appeal the decision from the hearing officer(s) in writing to the Executive Director of Development and Infrastructure Services within three (3) business days from the receipt of the written appeal. The decision by the Executive Director of Development and Infrastructure Services is final and binding. Unpaid assessed administrative fees related to violations of the Plan shall incur late payment penalties and if any permit has been issued by the Town to the User, the Town may revoke or otherwise terminate the permit.” SECTION 3 The Town Council hereby approves and adopts the Plan, as referenced in Section 2 of this Ordinance, as if recited verbatim herein. The Town commits to implement the requirements and procedures set forth in the Plan. SECTION 4 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. Page 58 Item 9. Ordinance No. 19-__, Page 3 SECTION 5 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 6 This Ordinance shall take effect and be in full force from and after its passage and publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule Charter of the Town of Prosper, Texas. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF SEPTEMBER, 2019. APPROVED: ________________________________ Ray Smith, Mayor ATTEST: ___________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: __________________________________ Terrence S. Welch, Town Attorney Page 59 Item 9. Ordinance No. 19-__, Page 4 EXHIBIT A (Wastewater Inflow Prevention Plan) Page 60 Item 9. WASTEWATER INFLOW PREVENTION (WIP) PLAN TOWN OF PROSPER SEPTEMBER 10, 2019 Page 61 Item 9. i TABLE OF CONTENTS 1. APPLICABILITY AND PROHIBITIONS ................................................................................... 1-1 2. DEFINITIONS ....................................................................................................................... 2-1 3. INSTALLATION AND MAINTENANCE REQUIREMENTS ....................................................... 3-1 3.1 Installations .................................................................................................................... 3-1 3.2 Maintenance ................................................................................................................... 3-1 3.3 Cleaning .......................................................................................................................... 3-2 4. SCHEDULE OF PENALTIES.................................................................................................4-1 APPENDICES APPENDIX A Adoption of Wastewater Inflow Prevention (WIP) Plan  Town of Prosper Ordinance Adopting WIP Plan Page 62 Item 9. 1-1 1. APPLICABILITY AND PROHIBITIONS The measures included in this Wastewater Inflow Prevention (WIP) Plan ("Plan") are intended to provide non-domestic users of the Publicly Owned Treatment Works (POTW), standards, education and guidelines for reduction of inflow to protect the public wastewater system for the Town of Prosper.  This Plan shall apply to all non-domestic users of the Publicly Owned Treatment Works (POTW), as defined in Section 2 of the Plan.  Residential homebuilders are not excluded.  No user may intentionally or unintentionally allow the direct or indirect discharge of any storm water or water into the POTW system in such amounts as to cause interference with the collection and treatment system. Page 63 Item 9. 2-1 2. DEFINITIONS 1. ACT means Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq. 2. EPA means the United States Environmental Protection Agency. 3. GENERATOR means any person who owns or operates a wastewater connection. 4. CONNECTION means any device designed to connect to the wastewater system. 5. INDIRECT DISCHARGE or DISCHARGE means the introduction of pollutants into a POTW from any non-domestic source. 6. INFLOW means a rapid inflow of storm water or water into the sanitary sewer system that corresponds closely with a peak rainfall event. 7. INTERFERENCE means a discharge which alone or in conjunction with a discharge or discharges from other sources inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal, or is a cause of a violation of the town's TPDES permit. 8. OFFENSE means any single occurrence revealed during an investigation or inspection that would allow an inflow event to occur. 9. POTW or PUBLICLY OWNED TREATMENT WORKS means a treatment works which is owned by a state or municipality as defined by section 502(4) of the Clean Water Act. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes all sewers, pipes and other conveyances that convey wastewater to a POTW Treatment Plant. The term also means the municipality as defined in section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. For purposes of this plan, the terms “sanitary sewer system” and “POTW” may be used interchangeably. 10. TCEQ means the Texas Commission on Environmental Quality, and its predecessor and successor agencies. Page 64 Item 9. 2-2 11. USER means any person, including those located outside the jurisdictional limits of the town, who contributes, causes or permits the contribution or discharge of wastewater into the POTW, including persons who contribute such wastewater from mobile sources. Page 65 Item 9. 3-1 3. INSTALLATION AND MAINTENANCE REQUIREMENTS 3.1 INSTALLATIONS  New Construction. During construction, all connections to live collection lines shall be protected from inflow. Proper construction practices and materials shall be utilized and maintained to eliminate inflow during construction. Investigation of inflow conditions, inspections of construction, and enforcement of these standards will apply at all times during construction.  Rehabilitation. Proper construction practices on existing connections and lines under construction must be maintained to eliminate inflow during construction, unless specified in writing and approved by the POTW. Investigation of inflow conditions, inspections of construction, and enforcement of these standards will apply at all times during construction.  Where mechanical plugs will not suffice, air gaps may be required. Manhole chimney seals are required to prevent inflow during and after construction.  Wastewater lines, cleanouts, and manholes shall be camera, mandrel, and pressure inspected prior to acceptance. Once acceptance has been granted, any means to prevent inflow into the wastewater collection system may be eliminated. 3.2 MAINTENANCE  All physical measures to eliminate inflow will be inspected and maintained until construction is complete and acceptance is granted or unless specified in writing and approved by the POTW.  All connections to the wastewater system such as new wastewater service connections shall be protected so inflow does not enter the wastewater system.  An inspection schedule, including the location and type of inflow measures utilized shall be provided by the contractor prior to construction and updated as necessary.  Detailed records of inflow device inspections shall be on site during construction at all times.  Wastewater service lines or cleanouts broken during construction or lot maintenance shall be repaired by the owner. Page 66 Item 9. 3-2 3.3 CLEANING  Wastewater lines and connections shall be cleaned prior to camera inspections to ensure that sediment and other material do not accumulate and conceal inflow areas. Page 67 Item 9. 4-1 4. SCHEDULE OF PENALTIES 4.1 WASTEWATER INFLOW ENFORCEMENT FEES  If the POTW determines that a generator is responsible for inflow in a collection system, the generator shall owe Administrative Fees and may also result in termination of work.  Administrative Fees. Administrative fees for violations to the Town’s WIP Plan shall be billed to the utility contractor, property owner or builder of record as follows: Non-plugged wastewater lines and manholes under construction receiving inflow First offense $ 500 per connection per day Second offense $ 750 per connection per day Third offense and subsequent $1,000 per connection per day Wastewater services plumbing open First offense $ 250 per connection per day Second offense $ 400 per connection per day Third offense and subsequent $ 500 per connection per day Wastewater services open/broken First offense $ 100 per connection per day Second offense and subsequent $ 200 per connection per day  Offenses will be reset in January of even years.  Contesting Violations. A customer may request a hearing before a hearing officer(s) appointed by the Executive Director of Development and Infrastructure Services within fifteen (15) business days after the date on the Notice. The hearing officer(s) shall evaluate all information offered by the petitioner at the hearing. The customer shall bear the burden of proof to show why, by preponderance of the evidence, the administrative fee should not be assessed. The hearing officer(s) shall render a decision in writing within three (3) business days of the conclusion of the hearing. A customer may appeal the decision from the hearing officer(s) in writing to the Executive Director of Development and Infrastructure Services within three (3) business days from the receipt of the written appeal. The decision by the Executive Director of Development and Infrastructure Services is final and binding.  Unpaid assessed administrative fees related to violations of wastewater under the Town Plan shall incur late payment penalties and may result in termination of work. Page 68 Item 9. Page 1 of 2 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 10, 2019 Agenda Item: Consider and act upon authorizing the Town Manager to execute an Amendment to the First Amended Interlocal Agreement by and between the Town of Prosper, Texas and Collin County, Texas for the facility construction and use of an animal shelter in Collin County. Description of Agenda Item: Collin County, the Town of Prosper, and the Cities and Towns of Anna, Celina, Fairview, Farmersville, Lowry Crossing, McKinney, Melissa, and Princeton (collectively referred to as "Parties") identified a need for an animal shelter in Collin County, for their mutual benefit. In 2006, the Parties entered into an Interlocal Agreement (ILA) for the Facility Construction and Use of an Animal Shelter in Collin County. The shelter was constructed, and the Parties pay an annual fee to Collin County for the maintenance, operations, and use of the shelter. The Animal Sheltering Services provided by the County include, but are not limited to, receiving stray animals, caring for impounded animals, and coordinating adoptions and returns, when possible. The agreement had an initial term of ten (10) years with year-to-year automatic renewals after ten years. Among the terms of the agreement, an Operating Committee was established to coordinate with the shelter staff to review the budget and provide oversight of the facility. The Operating Committee consists of the City of Frisco, McKinney, and a rotating member, currently the City of Celina. A representative of Prosper previously served on the Committee. City of Frisco staff worked with McKinney, Celina, and Collin County to amend and extend the Interlocal Agreement. The proposed amendment extends the term through 2023 and creates an automatic renewal term of five years, upon the same terms and conditions contained in this Agreement or as modified by subsequent agreements between the Parties, and shall automatically renew and continue for additional Renewal Terms until such time as the Parties explicitly determine not to renew this Agreement. A Party may decline to automatically renew this Agreement at any time during or after the Initial Term, provided that such Party notifies all other Parties in writing of Prosper is a place where everyone matters. DEVELOPMENT SERVICES Page 69 Item 10. Page 2 of 2 its intent to decline automatic renewal three hundred sixty-five (365) days prior to the automatic renewal date. This language ultimately gives the Town flexibility to determine if and when a different animal sheltering facility option is preferred. Staff believes it is in the best interest of the Town to retain this partnership with Collin County to provide animal sheltering services due to the costs of building and operating a shelter. Budget Impact: Prosper’s fee for Animal Shelter Services for FY 2019-2020 is $27,239.00. The fee assessed to the cities and towns is based on their population proportionality. Frisco, McKinney, and Collin County pay 86% of the total fee. Prosper’s proportionality is 2.8% of the total costs for FY 2019-2020. The fee will be funded by Code Compliance Contracted Services (100-5480- 40-02). Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., reviewed and approved the Amendment to the First Amended ILA as to form and legality. Attached Documents: 1. Amendment to the First Amended Interlocal Agreement by and between the Town of Prosper, Texas and Collin County, Texas for the facility construction and use of an animal shelter in Collin County Town Staff Recommendation: Town staff recommends the Town Council authorize the Town Manager to execute the Amendment to the First Amended Interlocal Agreement by and between the Town of Prosper, Texas and Collin County, Texas for the facility construction and use of an animal shelter in Collin County. Proposed Motion: I move to authorize the Town Manager to execute the Amendment to the First Amended Interlocal Agreement by and between the Town of Prosper, Texas and Collin County, Texas for the facility construction and use of an animal shelter in Collin County. Page 70 Item 10. Amendment to First Amended Animal Shelter Interlocal Agreement Page 1 of 13 AMENDMENT TO FIRST AMENDED INTERLOCAL AGREEMENT FOR THE FACILITY CONSTRUCTION AND USE OF AN ANIMAL SHELTER IN COLLIN COUNTY This Amendment to the First Amended Interlocal Agreement for the Facility Construction and Use of an Animal Shelter in Collin County (“Amendment”) is entered into by and among the parties, Collin County, the City of Anna, the City of Celina, the Town of Fairview, the City of Farmersville, the City of Frisco, th e City of Lowry Crossing, the City of McKinney, the City of Melissa, the City of Princeton, and the Town of Prosper (sometimes hereinafter collectively referred to as “Parties” or individually referred to as “Party”) through their duly authorized officers or employees. R E C I T A L S WHEREAS, the Parties entered into an Interlocal Agreement for the Facility Construction and Use of an Animal Shelter in Collin County in 2006; and WHEREAS, the Parties entered into that certain First Amended Interlocal Agreement for the Facility Construction and Use of an Animal Shelter in Collin County dated to be effective as of September 26, 2006 (“Agreement”), which Agreement specifically superseded and replaced all prior agreements between the parties regarding the construction and use of the Shelter in Collin County; and WHEREAS, the Parties now desire to amend the Agreement as set forth in this Amendment and to agree as set forth herein. NOW, THEREFORE, in consideration of the above recitals, the mutual promises that follow and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows: 1.Incorporation of Recitals. The recitals that appear above are found by the Parties to be true and correct in all respects and are incorporated into this Amendment by reference. 2.Defined Terms. Any term not defined herein shall be deemed to have the same meaning ascribed to it under the Agreement. 3.Amendment to Section 4, “Initial Term/Renewal Term”. Section 4, entitled “Initial Term/Renewal Term,” of the Agreement is hereby amended by deleting Sections 4.01 and 4.02 replacing said sections in their entirety with new Sections 4.01 and 4.02 to read as follows: “4.01 Initial Term. This Agreement shall commence on November 14, 2006 and shall continue for an initial term of seventeen (17) years, unless terminated earlier as provided in this Agreement or by law. 4.02. Automatic Renewal Term(s). Unless terminated in accordance with this Agreement or by law or modified because of additional construction, Page 71 Item 10. Amendment to First Amended Animal Shelter Interlocal Agreement Page 2 of 13 this Agreement will automatically renew for a “Renewal Term” following the Initial Term, unless a Party expressly declines automatic renewal. The duration of the Renewal Term shall be for a period of five (5) years, upon the same terms and conditions contained in this Agreement or as modified by subsequent agreements between the Parties, and shall automatically renew and continue for additional Renewal Terms until such time as the Parties explicitly determine not to renew this Agreement. A Party may decline to automatically renew this Agreement at any time during or after the Initial Term, provided that such Party notifies all other Parties in writing of its intent to decline automatic renewal three hundred sixty-five (365) days prior to the automatic renewal date.” 4.Amendments to Section 9, “Operation of Facilities”. Section 9, entitled “Operation of Facilities,” of the Agreement is hereby amended by and through the amendment of the following Sections: (a)Section 9.01, “Operating Committee Authority,” is hereby deleted in its entirety and replaced with a new Section 9.01 that is also entitled “Operating Committee Authority” to read as follows: “9.01 Operating Committee Authority. The Operating Committee shall be entitled to make nonbinding recommendations regarding: (a) ongoing operational issues, including scheduling, replacement of furniture and equipment, problems associated with breakage of personal property and fixtures, and related issues; and (b) the annual apportionment of Shelter Operating Expenses among the Parties and for making any adjustments that will result in a true apportionment of costs based on the actual benefit to and use by each Party of the Shelter.” (b)Sections 9.10.2, entitled “Maintenance and Operation Payments,” and 9.10.2.1, entitled “Adjusted Maintenance and Operation Payments,” are hereby deleted in their entirety and replaced with a new Section 9.10.2 that is also entitled “Maintenance and Operation Payments” and a new Section 9.10.2.1 entitled “Adjusted Maintenance and Operation Payments,” which Sections shall read as follows: “9.10.2 Maintenance and Operation Payments. A portion of each Party’s Quarterly Payment shall be designated as Maintenance and Operation Payments for the Shelter, such payments being derived from the Shelter Operating Expenses incurred as a result of the operation of the Shelter. For the period beginning on the Effective Date of this Agreement and ending upon the termination of this Agreement, the Maintenance and Operation Payments due by each Party will be shared on a pro-rata basis on the basis of the Parties’ respective populations as set forth in the North Central Texas Council of Government population estimates. The Maintenance and Operation Payments due from any Party not included in Page 72 Item 10. Amendment to First Amended Animal Shelter Interlocal Agreement Page 3 of 13 the North Central Texas Council of Government population estimates will be based on a flat fee at rates set by the County. 9.10.2.1 Adjusted Maintenance and Operation Payments. The estimated Maintenance and Operation Payments that are anticipated to be due by each Party for the first year of Shelter operations are fully set forth in the Shelter Operations Budget, attached as “Exhibit B”. Following the expiration of the first year of Shelter operations, the amount of each Party’s subsequent Maintenance and Operation Payments will be adjusted on an annual basis in accordance with the greater of (.1) changes in the North Central Texas Council of Government population estimates or (.2) the Animal Intake Rates by each Party, as applicable, and calculated on the actual Shelter Operating Expenses incurred in connection with the operation of the Shelter.” (c)A new Section 9.10.4 entitled “Shelter Capital Improvements Fund Payments,” including Sections 9.10.4.1, 9.10.4.2, and Sections 9.10.4.2.1 through 9.10.4.2.3 are hereby adopted to read as follows: “9.10.4 Shelter Capital Improvements Fund Payments. On at least an annual basis the Operating Committee, with the assistance of the Parties, shall evaluate the physical condition of the Shelter to identify any permanent structural changes that need to be made to the Shelter or physical aspects of the Shelter that need restoration which will either enhance the Shelter’s use as an animal shelter or increase its useful life as an animal shelter (collectively, “Capital Improvements”). If the Operating Committee determines that Capital Improvements are necessary, the Operating Committee shall prepare a written plan and estimated budget for the proposed Capital Improvements and forward such plan and estimated budget to the Commissioners Court for its consideration. The Commissioners Court will have the final authority on whether or not to move forward with the Capital Improvements recommended by the Operating Committee, but in making such decisions may solicit input from the other Parties’ governing boards as to their willingness to budget and appropriate funding so as to share proportionately in the costs of the proposed Capital Improvements. If approved by the Commissioners Court and the governing boards of the other Parties, each Party hereto agrees to pay on an annual basis a new Shelter Capital Improvements Fund Payment for the purpose of funding (either up front or over time) the costs of necessary Capital Improvements that are identified and approved by both the Operating Committee and the Commissioners Court. Page 73 Item 10. Amendment to First Amended Animal Shelter Interlocal Agreement Page 4 of 13 For those Capital Improvements that are initially approved by the Operating Committee and the Commissioners Court, the total annual amount of Capital Improvements Fund Payments due and payable by the respective Parties shall be subject to approval by the governing boards of the Parties. Capital Improvements Fund Payments shall be allocated on a proportionate basis to the Parties in accordance with the terms and conditions described herein. No portion of a Party’s Shelter Capital Improvements Fund Payment shall be used to pay depreciation, interest or principal payments on mortgages or other debt costs, if any. In addition, no portion of a Party’s Shelter Capital Improvements Fund Payment shall be used to pay for any expenditure save and except the specific Capital Improvements recommended by the Operating Committee and approved by the governing boards of the Parties. Each Party warrants that, as of the Effective Date of the Amendment establishing this Section, it has appropriated and has committed funds in the amount of its approved Shelter Capital Improvements Fund Payment requirements to the extent such payments will become due during the Party’s current fiscal year. Each Party further warrants that it will make every reasonable effort in the future to appropriate and commit funds in the amount of its anticipated Shelter Capital Improvements Fund Payment that will become due during any subsequent fiscal year subject to the Party’s right to terminate this Agreement pursuant to Section 10.12. Each Party hereby covenants and agrees to pay promptly when due all approved Shelter Capital Improvements Fund Payments, all adjustments to such payments, and any other charges payable to the County under the provisions of this Agreement. Each Party agrees that any approved Shelter Capital Improvements Fund Payment due to the County which is not paid on or before the due date shall bear interest at the rate of interest prescribed by the Texas Prompt Payment Act (Tex. Gov’t Code § 2251.025) from the date due until paid. All Party payments received shall be expended by County solely for reimbursement of costs for Capital Improvements that have been initially approved by both the Operating Committee and the Commissioners Court, and thereafter approved by the Parties respective governing boards. County shall track receipts and expenditures through its existing project code system (or any similar tracking system) to enable the Parties to verify that all Party payments received are expended by the County solely for reimbursement of the Capital Improvements. County shall maintain a separate Shelter Capital Improvements Fund Payments account for the Shelter. Page 74 Item 10. Amendment to First Amended Animal Shelter Interlocal Agreement Page 5 of 13 9.10.4.1 Calculation of Shelter Capital Improvements Fund Payments for approved Capital Improvements. Beginning on the Effective Date of the Amendment establishing this Section, the Shelter Capital Improvements Fund Payments due from each Party will be shared on a pro-rata basis, calculated on the basis of the Parties’ respective populations as set forth in the North Central Texas Council of Government population estimates. The Shelter Capital Improvements Fund Payments due from any Party not included in the North Central Texas Council of Government population estimates will be based on a flat fee at rates set by the County. 9.10.4.2 Adjusted Shelter Capital Improvements Fund Payments. The estimated Shelter Capital Improvements Fund Payments that are anticipated to be due by each Party for the year following the Effective Date of the Amendment establishing this Section are set forth in “Exhibit G,” attached hereto. On the first anniversary of the Effective Date of the Amendment establishing this Section and for each subsequent year thereafter, the amount of each Party’s Shelter Capital Improvements Fund Payments will be adjusted on an annual basis in accordance with changes in the North Central Texas Council of Government population estimates, and calculated based on the actual Capital Improvements costs incurred. 9.10.4.2.1 Review. Each year the County shall review and compare the total budgeted amount of the Shelter Capital Improvements expenses to the actual Shelter Capital Improvements expenses that were incurred by the County during the preceding fiscal year. Such review shall be conducted and all calculations computed by January 31st. The County will rely on the County Auditor’s closing financial statements to determine the actual Shelter Capital Improvements expenses that were incurred by the County during the preceding fiscal year. 9.10.4.2.2 Surplus. If the aggregate Shelter Capital Improvements Fund Payments as budgeted and collected for the preceding fiscal year are greater than the Shelter Capital Improvements expenses for that fiscal year, the County shall promptly notify each Party of the overage and of such Party’s proportionate share of the overage. The overage amounts shall be credited to the Parties in accordance with such Party’s proportionate share of the payments it made to the County as compared to the preceding year’s overage, with such credits beginning on May 1st of the subsequent fiscal year. In no event shall a Party be entitled to a Page 75 Item 10. Amendment to First Amended Animal Shelter Interlocal Agreement Page 6 of 13 proportionate share of the Overage if the Party did not pay money to the County that contributed to the Overage. 9.10.4.2.3 Deficit. If the Shelter’s aggregate Shelter Capital Improvements Fund Payments as budgeted and collected for the preceding fiscal year are less than the Shelter Capital Improvements expenses for that fiscal year, the County shall promptly notify each Party of the deficit and of such Party’s proportionate share of the total amount of such deficit. Each Party shall thereafter pay to the Shelter Capital Improvements fund account such Party’s proportionate share of the preceding year’s deficit as an additional payment due hereunder within thirty (30) days of the date of an invoice from the County reflecting the amount due by such Party subject to the availability of funds for such purpose.” 5.Amendment to Section 10, “Termination”. Section 10, “Termination,” of the Agreement is hereby amended by deleting Section 10.12, “By a City,” and replacing said section with a new Section 10.12 also entitled “By a City” to read as follows: “10.12 By a City. Any City that is a Party to this Agreement may voluntarily terminate its rights and obligations under this Agreement, if at any time such City determines that adhering to the Agreement is no longer in its best interest. To invoke its right to terminate this Agreement, a City must give at least one hundred eighty (180) days’ notice of its intent to terminate its rights and obligations under the Agreement to all other Parties.” “10.12.1 No Refund of Shelter Operating Expense. No prior payments shall be refunded to any City that voluntarily terminates its rights and obligations under this Agreement to the extent that such prior payments have been committed to and used exclusively in accordance with the terms of this Agreement for Shelter Operating Expenses incurred as a result of the operation of the Shelter. If, however, a surplus of money exists in the Shelter Operations Budget at the end of the then applicable fiscal year, a proportionate share of such overage based on the contributions of the then participating Parties shall be refunded to any City that voluntarily terminates its rights and obligations under this Agreement for the then-current fiscal year under Section 9.10.2.” “10.12.2 Refund of Shelter Capital Improvements Fund Payment. Any City that is a Party to this Agreement and voluntarily terminates its rights and obligations under this Agreement shall have refunded to it on or before the date of termination any and all Page 76 Item 10. Amendment to First Amended Animal Shelter Interlocal Agreement Page 7 of 13 payments made by such City to the Shelter Capital Improvements Fund Payment account to the extent that such money has (a) NOT been previously refunded to said City as an overage under Section 9.10.4.2.2 herein-above, (b) NOT actually been expended for one or more specific Capital Improvements recommended for approval by the Operating Committee and approved by the governing boards of the Parties, or (3) NOT been committed for expenditure by a fully executed written contract entered into before the City’s notice of termination and which fully executed written contract is for one or more specific Capital Improvements recommended for approval by the Operating Committee and approved by the governing boards of the Parties. Notwithstanding the foregoing and anything contained herein to the contrary, any City that is a Party to this Agreement and voluntarily terminates its rights and obligations under this Agreement shall have no further responsibility or liability for any additional payments to the Shelter Capital Improvements Fund Payment following the effective date of such City’s termination of this Agreement.” 6.Ratification. The Parties hereby ratify and confirm that all of the terms, provisions, covenants and conditions of the Agreement remain in full force and effect, except as amended in this Amendment. 7.Controlling Agreement. To the extent that any provision contained in this Amendment conflicts with the Agreement, the provision contained in this Amendment shall supersede and control over the conflicting provision contained in the Agreement. 8.Entire Agreement/ Amendment. This Amendment and the Agreement contain the entire agreement of the Parties with respect to the matters contained herein. This Amendment may not be modified or terminated except b y the written agreement of the Parties. 9.Authority to Execute. The individuals executing this Amendment on behalf of the respective Parties below represent that all appropriate and necessary action has been taken to authorize the individual who is executing this Amendment to do so for and on behalf of the Party for which his or her signature appears, that there are no other parties or entities required to execute this Amendment in order for the same to be an authorized and binding agreement on the Party for whom the individual is signing this Amendment and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 10.Counterparts. This Amendment may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes, and all such counterparts shall, collectively, constitute one Amendment. An electronic mail or facsimile signature will Page 77 Item 10. Amendment to First Amended Animal Shelter Interlocal Agreement Page 8 of 13 also be deemed to constitute an original if properly executed and delivered to the other Parties. [Signature pages follow.] Page 78 Item 10. Amendment to First Amended Animal Shelter Interlocal Agreement Page 9 of 13 IN WITNESS WHEREOF, the Parties have executed this Amendment and caused this Amendment to be effective when all the Parties have signed it. The date this Amendment is signed by the last Party to sign it (as indicated by the date associated with that Party’s signature below) will be deemed the effective date of this Amendment (“Effective Date”). COLLIN COUNTY, TEXAS By: ____________________________ BY: _______________________ NAME: __________________________ Name: __________________________ Title: ___________________________ TITLE: City Manager Date:___________________________ Attest: __________________________ Title: ___________________________ CITY OF ANNA, TEXAS By: ____________________________ BY: _______________________ NAME: _________________________ Name: __________________________ Title: ___________________________ TITLE: City Manager Date:___________________________ Attest: __________________________ Title: ___________________________ CITY OF CELINA, TEXAS By: ____________________________ BY: _______________________ NAME: __________________________ Name: __________________________ CITY OF FARMERSVILLE, TEXAS By: ____________________________ BY: _______________________ NAME: __________________________ Name: __________________________ Page 79 Item 10. Amendment to First Amended Animal Shelter Interlocal Agreement Page 10 of 13 Title: ___________________________ TITLE: City Manager Date:___________________________ Attest: __________________________ Title: ___________________________ Title: ___________________________ TITLE: City Manager Date:___________________________ Attest: __________________________ Title: ___________________________ CITY OF FRISCO, TEXAS By: ____________________________ BY:_______________________ NAME:__________________________ Name: __________________________ Title: ___________________________ TITLE: City Manager Date:___________________________ Attest: __________________________ Title: ___________________________ CITY OF LOWRY CROSSING, TEXAS By: ____________________________ BY:_______________________ NAME:__________________________ Name: __________________________ Title: ___________________________ TITLE: City Manager Date:___________________________ Attest: __________________________ Title: ___________________________ Page 80 Item 10. Amendment to First Amended Animal Shelter Interlocal Agreement Page 11 of 13 TOWN OF FAIRVIEW, TEXAS By: ____________________________ BY: _______________________ NAME: __________________________ Name: __________________________ Title: ___________________________ TITLE: City Manager Date:___________________________ Attest: __________________________ Title: ___________________________ CITY OF McKINNEY, TEXAS By: ____________________________ BY: _______________________ NAME: __________________________ Name: __________________________ Title: ___________________________ TITLE: City Manager Date:___________________________ Attest: __________________________ Title: ___________________________ CITY OF MELISSA, TEXAS By: ____________________________ BY: _______________________ NAME: __________________________ Name: __________________________ Title: ___________________________ TITLE: City Manager Date:___________________________ CITY OF PRINCETON, TEXAS By: ____________________________ BY: _______________________ NAME: __________________________ Name: __________________________ Title: ___________________________ TITLE: City Manager Date:___________________________ Page 81 Item 10. Amendment to First Amended Animal Shelter Interlocal Agreement Page 12 of 13 Attest: __________________________ Title: ___________________________ Attest: __________________________ Title: ______________ TOWN OF PROSPER, TEXAS By: ____________________________ BY: _______________________ NAME: __________________________ Name: __________________________ Title: ___________________________ TITLE: City Manager Date:___________________________ Attest: __________________________ Title: ___________________________ Page 82 Item 10. Amendment to First Amended Animal Shelter Interlocal Agreement Page 13 of 13 Exhibit G Page 83 Item 10. Page 1 of 2 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 10, 2019 Agenda Item: Consider and act upon authorizing the Town Manager to execute Amendment Thirteen to the Interlocal Agreement between Collin County and the Town of Prosper, extending the agreement through FY 2019-2020, relating to Animal Control Services. Description of Agenda Item: The Town of Prosper and Collin County entered into an Interlocal Agreement in 2006, authorizing Collin County to provide Animal Control Services for the Town of Prosper. The initial term of the agreement was one year, with automatic one-year renewal terms. This is amendment Number Thirteen to the agreement for the period of October 1, 2019, to September 30, 2020, and the associated fee for services. The Animal Control Services provided by the County include, but are not limited to, vaccination of animals, reporting of human exposure to rabies, quarantine and testing of biting animals, reduction of the stray animal population, restraint of dangerous animals, prohibition of dogs running at large and of inhumane treatment of animals, and to prescribe penalties for violation of such provisions in accordance with Chapters 822, 825, and 826 of the Texas Health & Safety Code, and Chapter 142 of the Agriculture Code. Local governments are authorized by the Interagency Cooperation Act, V.T.C.A. Government Code, Title 7, Chapter 771, to agree or contract with another agency for the provision of necessary and authorized services and resources. The Town of Prosper, and several other municipalities, contract with Collin County for Animal Control Services. Prosper is a place where everyone matters. DEVELOPMENT SERVICES Page 84 Item 11. Page 2 of 2 Budget Impact: The fee for Animal Control Services for FY 2019-2020 is $49,473.00. This is a $4,532.00 decrease from FY 2018-2019. The higher cost in FY 2018-2019 was due to the County incorporating a one-time adjustment for overhead and staffing costs. The fee will be funded by Code Compliance Contracted Services (100-5480-40-02). Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has previously approved these amendments to the ILA as to form and legality. Attached Documents: 1. Collin County Contract Amendment Thirteen – Interlocal Agreement for Animal Control Services Town Staff Recommendation: Town staff recommends the Town Council authorize the Town Manager to execute Amendment Thirteen to the Interlocal Agreement between Collin County and the Town of Prosper, extending the agreement through FY 2019-2020, relating to Animal Control Services. Proposed Motion: I move to authorize the Town Manager to execute Amendment Thirteen to the Interlocal Agreement between Collin County and the Town of Prosper, extending the agreement through FY 2019-2020, relating to Animal Control Services. Page 85 Item 11. Office of the Purchasing Agent Collin County Administration Building Contract Amendment THIRTEEN (13)2300 Bloomdale Rd, Ste 3160 McKinney, TX 75071 972-548-4165 Vendor:Town of Prosper Effective Date 10/1/2019 P.O. Box 307 Contract No.10110-09 Prosper, TX 75078 Contract Awarded by Court Order No.: Contract Amendment No.:1 Court Order No. Contract Amendment No.:2 Court Order No. Contract Amendment No.:3 Court Order No. Contract Amendment No.:4 Court Order No. Contract Amendment No.:5 Court Order No. Contract Amendment No.:6 Court Order No. Contract Amendment No.:7 Court Order No. Contract Amendment No.:8 Court Order No. Contract Amendment No.:9 Court Order No. Contract Amendment No.:10 Court Order No. Contract Amendment No.:11 Court Order No. Contract Amendment No.:12 Court Order No. Contract Amendment No.:13 Court Order No. YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT Extension of agreement for a one (1) year period as provided for in section 5.0 of the contract documents. Agreement shall be in effect from October 1, 2019, continuing through and including September 30, 2020. Total amount for fiscal year 2020: 49,473.00$ Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY:ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY TOWN OF PROSPER COMMISSIONERS’ COURT Collin County Administration Building P.O. Box 307 2300 Bloomdale Rd, Ste 3160 Prosper, TX 75078 McKinney, Texas 75071 SIGNATURE Michalyn Rains, CPPO, CPPB TITLE:Purchasing Agent DATE: DATE: 2017-043-01-23 2016-030-01-04 2014-1004-12-15 2014-012--01-06 2013-017-01-07 2011-684-09-19 2009-852-10-12 2017-871-10-23 2019-016-01-07 Interlocal Agreement for Animal Control Services 2008-894-10-14 2006-879-09-26 2008-047-01-22 2011-018-01-10 Page 86 Item 11. Page 1 of 3 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 10, 2019 Agenda Item: Consider and act upon an ordinance abandoning a portion of Fishtrap Road prescriptive right- of-way, located north of the intersection of Fishtrap Road and Gee Road, north of US 380. Description of Agenda Item: The purpose of this request is to abandon the prescriptive right-of-way for a 975± foot long segment of Fishtrap Road, just north of the intersection of Fishtrap Road and Gee Road, north of US 380. This segment of Fishtrap Road is no longer needed as the extension of Gee Road and the bridge currently under construction will completely bypass this former section of road. Abandoning this segment is not a closing of Fishtrap Road but is essentially a realignment of Fishtrap Road and Gee Road. Right-of-way for Gee Road and other sections of Fishtrap Road were acquired through subdivision plats for various phases of Windsong Ranch. Staff initiated this request to insure that there are no future issues involving the prescriptive right-of-way. With the abandonment the land will become the property of VP Windsong Operations, LLC who owns the land on both sides of prescriptive right-of-way. Notice of this abandonment was sent to the various utility providers in Prosper. Staff supports this request. Prosper is a place where everyone matters. PLANNING Page 87 Item 12. Page 2 of 3 Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Ordinance 2. Exhibit A Town Staff Recommendation: Staff recommends the Town Council approve the ordinance. Page 88 Item 12. Page 3 of 3 Proposed Motion: I move to approve an ordinance abandoning this portion of the Fishtrap Road prescriptive right-of-way, located north of the intersection of Fishtrap Road and Gee Road, north of US 380. Page 89 Item 12. TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ABANDONING AND VACATING CERTAIN PRESCRIPTIVE RIGHT- OF-WAY (FISHTRAP ROAD) AS REFLECTED ON EXHIBIT A; 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 obtained certain prescriptive right-of-way along a street (indicated as Fishtrap Road) located north of the intersection of Fishtrap Road and Gee Road, north of US 380 as shown on Exhibit A, a copy of which is attached and is incorporated by reference; and WHEREAS, Exhibit A reflects an approximately 60-foot (60’) wide prescriptive right-of- way (or street), approximately 975 feet in length, as indicated above, and the property upon which the right-of-way (or street) is located has never been dedicated to the Town; and WHEREAS, since the prescriptive right-of-way (or street) is no longer utilized as such, the Town has determined that the approximately 60’ prescriptive right-of-way (or street) should be abandoned and vacated, and that any and all rights that the Town may have in the prescriptive 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 Town. 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 prescriptive right-of-way (or street) and any and all rights and interests that the Town may 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. Page 90 Item 12. 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 10TH DAY OF SEPTEMBER, 2019. ________________________________ Ray Smith, Mayor ATTEST: _____________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _____________________________ Terrence S. Welch, Town Attorney Page 91 Item 12. FISHTRAP ROAD SEGMENT ABANDONMENT Page 92 Item 12. Page 1 of 2 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 10, 2019 Agenda Item: Consider and act upon an ordinance abandoning portions of Good Hope Road prescriptive right-of-way, located north of US 380 and south of a point 150 feet north of Mill Branch Drive. Description of Agenda Item: The purpose of this request is to abandon the prescriptive right-of-way for portions of Good Hope Road, from north of US 380 to a point 150 feet north of Mill Branch Drive. Staff initiated this request and has been working with VP Windsong Operations, LLC, the developers of Windsong Ranch, to abandon potions of the prescriptive right-of-way that have been platted as phases of Windsong Ranch. This is being done to ensure that there are no future issues involving the prescriptive right-of-way. Other portions of Good Hope Road will be abandoned as future phases of Windsong Ranch are developed. Staff provided notification to utility providers and other entities to inform them of the proposed abandonment. To date, staff has not been contacted regarding this request. Staff supports this request. Prosper is a place where everyone matters. PLANNING Page 93 Item 13. Page 2 of 2 Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the abandonment ordinance as to form and legality. Attached Documents: 1. Ordinance 2. Ordinance Exhibit A Town Staff Recommendation: Staff recommends the Town Council approve the request. Proposed Motion: I move to approve an ordinance abandoning portions of Good Hope Road prescriptive right- of-way, located north of US 380 and north of Mill Branch Drive. Page 94 Item 13. TOWN OF PROSPER, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ABANDONING AND VACATING CERTAIN PRESCRIPTIVE RIGHT- OF-WAY (GOOD HOPE ROAD) AS REFLECTED ON EXHIBIT A; 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 obtained certain prescriptive right-of-way along a street (indicated as Good Hope Road) located north of US 380 and south of a point 150 feet north of Mill Branch Drive as shown on Exhibit A, a copy of which is attached and is incorporated by reference; and WHEREAS, Exhibit A reflects an approximately 60-foot (60’) wide prescriptive right-of- way (or street), approximately 6,135 feet in length, as indicated above, and the property upon which the right-of-way (or street) is located has never been dedicated to the Town; and WHEREAS, since the prescriptive right-of-way (or street) is no longer utilized as such, the Town has determined that the approximately 60’ prescriptive right-of-way (or street) should be abandoned and vacated, and that any and all rights that the Town may have in the prescriptive 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 Town. 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 prescriptive right-of-way (or street) and any and all rights and interests that the Town may 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. Page 95 Item 13. 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 10TH DAY OF SEPTEMBER, 2019. ________________________________ Ray Smith, Mayor ATTEST: _____________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _____________________________ Terrence S. Welch, Town Attorney Page 96 Item 13. EXHIBIT A PORTIONS OF GOOD HOPE ROAD TO BE ABANDONED Page 97 Item 13. Page 1 of 3 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 10, 2019 Agenda Item: Consider and act upon an ordinance abandoning a portion of S. Coleman Street right-of-way, located south of First Street, north of Preston Road. Description of Agenda Item: The purpose of this request is to abandon the prescriptive right-of-way for a portion of S. Coleman Street, from a point 595 feet north of future Lovers Lane, currently under construction, to the intersection of S. Coleman Street and Preston Road, a distance of approximately 3,390 feet. Blue Star has requested that this segment of prescriptive right-of- way be abandoned in order to allow for the development of Phase 2 of the Gates of Prosper as well as future phases. That portion of S. Coleman Street has been realigned to the west as shown on the following aerial. The request is outlined in the attached Request Letter. The Coleman Street prescriptive right-of-way was transferred from the Texas Department of Transportation to the Town of Prosper in August, 2018. Staff supports this request. Prosper is a place where everyone matters. PLANNING Page 98 Item 14. Page 2 of 3 Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the abandonment ordinance as to form and legality. Attached Documents: 1. Ordinance 2. Ordinance Exhibit A Page 99 Item 14. Page 3 of 3 3. Blue Star Request Letter Town Staff Recommendation: Staff recommends the Town Council approve the request. Proposed Motion: I move to approve an ordinance to abandoning a portion of S. Coleman Street right-of-way, located on the south side of First Street and north of Preston Road. Page 100 Item 14. TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ABANDONING AND VACATING CERTAIN PRESCRIPTIVE RIGHT- OF-WAY (S. COLEMAN STREET) AS REFLECTED ON EXHIBIT A; 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 obtained certain prescriptive right-of-way along a street (indicated as S. Coleman Street) located south of First Street and north of Preston Road as shown on Exhibit A, a copy of which is attached and is incorporated by reference; and WHEREAS, Exhibit A reflects an approximately 60-foot (60’) wide prescriptive right-of- way (or street), approximately 3,390 feet in length, as indicated above, and the property upon which the right-of-way (or street) is located has never been dedicated to the Town; and WHEREAS, since the prescriptive right-of-way (or street) is no longer utilized as such, the Town has determined that the 60’ prescriptive right-of-way (or street) should be abandoned and vacated, and that any and all rights that the Town may have in the prescriptive 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 Town. 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 prescriptive right-of-way (or street) and any and all rights and interests that the Town may 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. Page 101 Item 14. 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 10TH DAY OF SEPTEMBER, 2019. ________________________________ Ray Smith, Mayor ATTEST: _____________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _____________________________ Terrence S. Welch, Town Attorney Page 102 Item 14. EXHIBIT A S. Coleman Street Abandonment Page 103 Item 14. Page 104Item 14. Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 10, 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 Preliminary Site Plans and Site Plans that were acted on by the Planning & Zoning Commission at their September 3, 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. Preliminary Site Plan for Gates of Prosper, Phase 2 2. Preliminary Site Plan for Prosper Town Center 3. Site Plan for Prosper Town Center Medical Office Buildings Town Staff Recommendation: Town staff recommends that the Town Council take no action on this item. Prosper is a place where everyone matters. PLANNING Page 105 Item 15. TTTTTTS S TR TR S S S S STOPFLFLFLFLFLFLFLFLFL FL FL FLFLFLFLFLFLFLFLFLFLFLFL F L FLFLF L FL FLFLFLFLFL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FLFLFL15 5 13 8 2 12 12 4 FLFLFLFLFLFLFLFLFL4 14 6FLFLFLFLFLFLFLFLFLFLFLFLFLFLCI CI CI CI CI CI CI JB 85'24'24' 24' 24' 24'30'40' 20' TYP.9'TYP.18' TYP.9'TYP.18' TYP.9'TYP.19' TYP.9'TYP.20' TYP.9' TYP. 9' TYP. R30'R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R20' R280' R280'11'11'305' STORAGE100' TRANSITION60' S T O R A G E 11 7 ' T R A N S I T I O NS0°05 '38 "E781.52 ' ∆=35°11'03" R=845.00' L=518.90' CB=N35°20'17"W C=510.78' N51°36'24"W 150.39' N55°50'01"W125.00'S11°38'48"E 35.85'N33°38'25"E480.93'N: 7133686.12 E: 2489790.89 N: 7133592.65 E: 2489731.25 N: 7133557.53 E: 2489738.49 N: 7133487.33 E: 2489841.91 N: 7133428.24 E: 2489916.49 N: 7133630.80 E: 2490051.27 N: 7133763.54 E: 2489842.41 N: 7133973.04 E: 2489981.81 N: 7133777.69 E: 2490253.88 121'55'120' 23' 26'101'67' EX WI EX FH EX CI CI EX CI 7307407267267287 3 2 7 3 4 73673874274474073 2 7 3 4 7367 3 8 742744 746 7 3 0722722724726728 7207207307187187227 2 4 7267287327347367 3 820'14'20' 37'15' N54°19'15"W334.94' CI 24'24'24'24'7' 13'37' 24' 34'32' R230' R230'43'N: 7132977.26 E: 2490255.22 45'76'55'18' TYP.9' TYP. FDC FH 10' WE FDC FH FH FH FH FH 10' WE 10' WE 10' WE 10' WE 15' WE 15' WE 15' WE 10' WE 10' WE 15' WE 15' WE MH MH MH MH 15' SSE 15' SSE 87'36' 284'18' TYP.9' TYP. 18' TYP.9'TYP.CI CI 25' LANDSCAPE EASEMENT 30' LANDSCAPE EASEMENT 40' BUILDING SETBACK 40' BUILDING SETBACK DUMPSTER ENCLOSURE W/ 8' TALL MASONRY SCREENING WALL (BRICK AND STONE) TO MATCH BUILDING AND 8' METAL GATE. DUMPSTER ENCLOSURE W/ 8' TALL MASONRY SCREENING WALL (BRICK AND STONE) TO MATCH BUILDING AND 8' METAL GATE.DUAL ENCLOSURES 15'X23' (TYP.) GASOLINE PUMPS PROPOSED DECELERATION LANE VEGETATIVE HEADLIGHT SCREENING PROVIDED AT A 2' OFFSET FROM PARKING FACING R.O.W. (TYP.) VEGETATIVE HEADLIGHT SCREENING PROVIDED AT A 2' OFFSET FROM PARKING FACING R.O.W. (TYP.) PROPOSED DECELERATION LANE 25' LANDSCAPE EASEMENT 40' BUILDING SETBACKS32°32'25"W400.06'S33°38'25"W344.64'15' LANDSCAPE EASEMENT 46'17' 60' 110' R30' R150' R30' R200' R30'R30' R30'R30' R30'104'64'65'40'WI WI WI FH LOVERS LANE (90' ROW)PRESTON ROAD(VARYING ROW)GAS STATION ±2,780 SF 1 STORY FF=732.00 CARE NOW ±3,880 SF 1 STORY FF=734.00 GATES OF PROSPER PHASE 1 BLOCK B, LOT 3 BLOCK C, LOT 1 1.38 ACRES 59,952 SF BLOCK C, LOT 2 1.33 ACRES 58,024 SFBFRJOBE PROPERTIES, LTD. RETAIL/COMMERCIAL JOBE PROPERTIES, LTD. RETAIL/COMMERCIAL GATES OF PROSPERPHASE 2BLOCK A, LOT 1OPEN SPACE OPEN SPACE PROPOSED 10' HIKE AND BIKE TRAIL 10' R280' R280' 15' WE 6' SW 6' SW 6' SW PROPOSED 10' HIKE AND BIKE TRAIL PROPOSED 10' HIKE AND BIKE TRAIL 2' OVERHANG 2' OVERHANG 30' VEGETATIVE HEADLIGHT SCREENING PROVIDED AT A 2' OFFSET FROM PARKING FACING R.O.W. (TYP.) 1' OVERHANGBFR OPEN SPACE 15' TXU ELECTRIC EASEMENT 15' ONCOR ELECTRIC EASEMENT 15' WATER EASEMENT PROPOSED LIVING SCREEN ADJACENT TO RESIDENTIAL ZONING. PROPOSED LIVING SCREEN ADJACENT TO RESIDENTIAL ZONING. BLOCK C, LOT 3 3.19 ACRES 138,795 SF N: 7133828.65 E: 2490182.92 OPEN SPACE OPEN SPACE R200' 5' LANDSCAPE SETBACK 17'1 4 ' 85'24'OPEN SPACE OPEN SPACE R5' R30' R30'R30' UTILITY AND DRAINAGE EASEMENT 13'PSPPRELIMINARY SITE PLAN00 40'80' GRAPHIC SCALE 40'This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928RAKSMAJCRLAST SAVED8/26/2019 6:28 PMPLOTTED BYKORUS, RACHEL 8/26/2019 6:41 PMDWG PATHK:\MKN_CIVIL\068109030-GATES OF PROSPER\068109038-NEC PRESTON_LOVERS\CAD\PLANSHEETSDWG NAMEPSP.DWG , [ 24 x 36 (2) ]IMAGES town logo : EPSG26914_Date20181023_Lat33.227505_Lon-96.794658_Mpp0.075 :XREFS xsite : xstrm : xsurv-ph1 : xutil : xbrdr-care : xrecord : xsite-lrc : xstriping068109030GATES OF PROSPERPROSPER, TEXAS© 2018 KIMLEY-HORN AND ASSOCIATES, INC.01/10/2019Not for construction or permit purposes. FOR REVIEW ONLY Engineer P.E. No.Date132468 RACHEL A. KORUS 01/10/2019 N.T.S.VICINITY MAP SITE US HWY 380 (UNIVERSITY)STATE HWY 289 (PRESTON)DALLAS PKWYBUS. 289 (COLEMAN)FIRST ST LA CIMATOWN OF PROSPER CITY OF FRISCO RICHLAND LOVERS LNLOVERS LN 380 & 289 LP 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 Kimley-Horn and Associates, Inc. 260 East Davis Street Suite 100 McKinney, Texas 75069 Contact: Joe Riccardi, P.E. Phone: (469)-301-2580 SITE DATA SUMMARY TABLE ZONING/PROPOSED USE PD-67/PD LOT AREA/ SQ. FT. AND AC 59,952 SF; 1.38 AC BUILDING AREA (gross square footage)3,880 GSF BUILDING HEIGHT (number of stories) MAX HEIGHT = 40' LOT COVERAGE FLOOR AREA RATIO (for non-residentail zoning) TOTAL PARKING PROVIDED 63 SURFACE SPACES TOTAL HANDICAP REQUIRED 3 SPACES TOTAL HANDICAP PROVIDED 3 SPACES BLOCK C, LOT 1 *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS TOTAL PARKING REQUIRED (1:250 MEDICAL OFFICE) IMPERVIOUS SURFACE 37,341 SQ. FT. 1 STORY; (REF FINAL DESIGN FOR HEIGHT) 6.5% 0.065:1 16 SPACES INTERIOR LANDSCAPING REQUIRED 945 SQ. FT. INTERIOR LANDSCAPING PROVIDED 945 SQ. FT. MEDICAL OFFICE SITE DATA SUMMARY TABLE ZONING/PROPOSED USE PD-67/PD LOT AREA/ SQ. FT. AND AC 58,024 SF; 1.33 AC BUILDING AREA (gross square footage)2,780 GSF BUILDING HEIGHT (number of stories) MAX HEIGHT = 40' LOT COVERAGE FLOOR AREA RATIO (for non-residentail zoning) TOTAL PARKING PROVIDED 16 SURFACE SPACES TOTAL HANDICAP REQUIRED 1 SPACES TOTAL HANDICAP PROVIDED 1 SPACES BLOCK C, LOT 2 *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS TOTAL PARKING REQUIRED (1:250 GAS/CONVENIENT STORE) IMPERVIOUS SURFACE 32,650 SQ. FT. 1 STORY; (REF FINAL DESIGN FOR HEIGHT) 4.7% 0.047:1 12 SPACES INTERIOR LANDSCAPING REQUIRED 255 SQ. FT. INTERIOR LANDSCAPING PROVIDED 255 SQ. FT. GAS STATION ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. ANY ADDITIONAL ENCLOSURES WILL REQUIRE REAPPROVAL BY TOWN STAFF. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5) FEET IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16.SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF A SITE PLAN BY THE PLANNING AND ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. TOWN SITE PLAN NOTES TYP TYPICAL WATER EASEMENTWE SANITARY SEWER EASEMENTSSE NUMBER OF PARKING SPACESX FH ACCESSIBLE PARKING SYMBOL BARRIER FREE RAMP (BFR) EXISTING CONTOUR LINE - MAJOR EXISTING CONTOUR LINE - MINOR DRAINAGE EASEMENTDE BARRIER FREE RAMPBFR SIDEWALKSW CURB INLETCI LEGEND FIRE HYDRANT EXISTING PAVEMENT FDC FIRE DEPARTMENT CONNECTION EXISTINGEX PROPOSEDPROP. PROPOSED FIRE LANE PROPOSED BUILDING FL FL BUILDING LINE/SETBACKBL WM WYE INLETWI MANHOLEMH TRANSFORMER PAD GRATE INLETGI JUNCTION BOXJB T S SANITARY SEWER MANHOLE CURB INLET GRATE INLET HEADWALL JUNCTION BOX OR WYE INLET WATER METER (AND VAULT) USABLE OPEN SPACE REQUIRED 4,197 SQ. FT. (7%) USABLE OPEN SPACE PROVIDED USABLE OPEN SPACE REQUIRED 4,062 SQ. FT. (7%) USABLE OPEN SPACE PROVIDED 4,220 SQ. FT. (7%)4,388 SQ. FT. (7%) SITE DATA SUMMARY TABLE ZONING/PROPOSED USE PD-67/PD LOT AREA/ SQ. FT. AND AC 138,795 SF; 3.19 AC BUILDING AREA (gross square footage) BUILDING HEIGHT (number of stories) LOT COVERAGE FLOOR AREA RATIO (for non-residentail zoning) TOTAL PARKING PROVIDED 16 SURFACE SPACES TOTAL HANDICAP REQUIRED N/A TOTAL HANDICAP PROVIDED 0 SPACES BLOCK C, LOT 3 *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS TOTAL PARKING REQUIRED IMPERVIOUS SURFACE 17,961 SQ. FT. N/A N/A N/A N/A INTERIOR LANDSCAPING REQUIRED N/A INTERIOR LANDSCAPING PROVIDED N/A OPEN SPACE USABLE OPEN SPACE REQUIRED 9,716 SQ. FT. (7%) USABLE OPEN SPACE PROVIDED 83,476 SQ. FT. (60%) N/A Page 106 Item 15. E FIRST STREET ( F.M. 1193 ) (S H 2 8 9)E BROADWAY STREET T T CEDAR RIDGE T HAYS ROAD(60' R.O.W.)T FLFLFLFLFLFL FL FLFLFLFL FL F LFL FLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFL F L FLFLFLFLFLFLFLFLFLFL FL FL FLFLFL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLF L FL FL FLFLFL FL FLFLFLFLFLFLFL FL FL FLFLFLFLFLFLFLFLFLFLFL FL FL FL FLFLFLFLFLFLFL FL FL FLFLFL FLFLFLVANVANVANPRESTON ROADVANVANFLFL FL FL FLFLFLFL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FLFLFL F L FLFLFLFLFLFLFL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FLFLFLHAYS ROAD (60' R.O.W.)W W S30'9'20'24'18'18'20'30'20'20'24'8' (TYP)8' (TYP)8' (TYP)18'18'30'30' 30' 30'30'24'24'24' 24'30'24'40'40'9' 8' 9'24'40'24'40'24'24'9'9'24'24'18'24'24' 9'30'24'40' 12 20 12 9' R30'R30' R30'R30' R30' R20'R20'R20' R20'R30' R30'R30' R30' R20' R20' R20'R20' R20'R20' R20' R25' R10' R20' R20'R15' R10'R30' R30' R25' R30'R30' R30' R30' R30' R30'R30'R30'R224' R30' R30' R50'R53' R30'R30' R30' R30' R30' R30' R20'R20' R20'R20' R30' R20' R20' R20' R20' R20'R30' R20'R20' R50' R59' R26' R44' R20' R20' R30' R20' R20' R20' R20'R20' R20' R10'R20' R20' R20' R20' 24'18' 2 STORY MEDICAL OFFICE 30,000 SF 1 STORY MEDICAL OFFICE 15,000 SF 2 STORY MEDICAL OFFICE 40,000 SF EXISTING RETAIL 14,500 SF EXISTING RETAIL 7,800 SF EXISTING BANK 4,959 SF EXISTING RETAIL 6,045 SF EXISTING 3 STORY DPG OFFICE 40,160 SF EXISTING OFFICE 9,360 SF SONIC 1,482 SF PROPOSED DETENTION AREA RESTAURANT 6,500 SF RETAIL 5,000 SFRESTAURANT 2,000 SF C-STORE 3,093 SF MEDICAL OFFICE BUILDING 8,400 SF EXISTING DETENTION AREA EXISTING MEMORY CARE EXISTING CVS 2 STORY 40,290 SF MEDICAL OFFICE BUILDING 8,400 SF MEDICAL OFFICE 5,000 SF BLOCK A, LOT 2 PHASE VI 4.204 ACRES BLOCK A, LOT 1 PHASE VI 1.640 ACRES PAD SITE 2 2.84 ACRES PAD SITE 3 2.89 ACRES OFFICE 5.76 ACRESRETAIL / RESTAURANT 5,000 SF RETAIL / RESTAURANT 5,000 SF RESTAURANT 3,000 SF PAD SITE 1 0.94 ACRES PAD SITE 4 1.33 ACRES PAD SITE 8 1.73 ACRES PAD SITE 9 0.90 ACRES PAD SITE 10 1.04 ACRESPAD SITE 7 0.95 ACRES PAD SITE 6 0.89 ACRES PAD SITE 5 1.02 ACRES750752758 76077 0 7 6 8 7 6 6 762768766774756772 77876 6 7 7 4 78078278 4 788776774 780782784788780 778 776 774 772770768764762760772 770768766 7647767627687727847 7 6 7 7 8 78078277877475676430' 51' 24' 52' 60'7807787 7 0 786S89°14'49"W 144.82'S89°35'22"W 1043.87'S21°13'52"W 54.21'S28°21'52"W140.08'S20°16'49"W185.89'S21°09'42"W 174.94' S59°38'00"W 91.24' S0°43'16"W 25.09' N89°33'41"E 57.67'S19°30'52"W362.05'S21°10'46"W 119.30'S0°25'08"E135.09'S77°48' 0 7 " E 172.44' N89°50'14"E 174.68' S0°24'24"E 8.24' N89°35'37"E 913.81' S84°46'45"E 147.97' ∆=2°51'53" R=1058.93' L=52.95' CB=S88°43'50"E C=52.94' S85°51'57"E 52.94' N44°37'14"E 64.28'N0°10'46"W1243.35'60'± 60'±83.5'±200'±100'±90'±166'±90'±166'± 70'±120'±70'±120'±50'±100'±41'±68'±83.5'±146'±100'±120'±65'±75'±67'± 92.5'±65'±73'±183'± 40'±45'±90'±66'±60'±90'±81.5'±80'±60'±156'± 35.5'±86'±35.5'±86'±58'±130'±65'±130'±65'±2 STORY 47,690 SF 70'±EX. FIRE HYDRANT EX. FIRE HYDRANT EX. FIRE HYDRANT EX. FIRE HYDRANT EX. FIRE HYDRANT EX. FIRE HYDRANT EX. FIRE HYDRANT EX. FIRE HYDRANT EX. FIRE HYDRANT EX. FIRE HYDRANT 45' 50' 107' 40' 40' ZONING: R/C/O PD LAND USE: N/A ZONING: SF-10 LAND USE: SINGLE FAMILY ZONING: R PD LAND USE: BANK ZONING: O/R PD LAND USE: N/A QSR 2,500 SF QSR 2,500 SF EX. FIRE HYDRANT FIRE HYDRANT & 10' W.E. FIRE HYDRANT & 10' W.E. FIRE HYDRANT & 10' W.E. FIRE HYDRANT FIRE HYDRANT & 10' W.E. FIRE HYDRANT & 10' W.E. FIRE HYDRANT & 10' W.E. 30' R20'2023 912 10 8BLOCK A, LOT 7 2.414 ACRES BLOCK A, LOT 1 1.08 ACRES BLOCK A, LOT 2 1.54 ACRES BLOCK A, LOT 3 0.75 ACRES BLOCK A, LOT 6 1.88 ACRES BLOCK A, LOT 4 1.32 ACRES BLOCK A, LOT 5 0.79 ACRES BLOCK A, LOT 1 PHASE V 1.08 ACRES 18 BLOCK A, LOT 1 PHASE IV 4.48 ACRES 22 22 22 10 13 26 26 26 14 10 10 3 4 13 12 11 15 6 8 18 9 9 8 14 14 9 14 7 11 8 7 11 43 13 7 7 8 3 1011 10 3 4 6 10 7 9 5 13 6 74 10 3 4 8 6 9 10 6 6 11 11 ZONING: O/R PD LAND USE: N/A ZONING: R PD LAND USE: N/A ZONING: SF-10 LAND USE: SINGLE FAMILY ZONING: SF-10 LAND USE: SINGLE FAMILY ZONING: SF-10 LAND USE: SINGLE FAMILY ZONING: SF-16 LAND USE: FARM & RANCH SINGLE FAMILY FIRE HYDRANT & 10' W.E. EX. DECEL LANE 16 8 EX. DECEL LANE EX. DECEL LANE R30' R30' R30' 24' 30'24'25' LANDSCAPE ESMT 25' LANDSCAPE ESMT 9' 8 425' LANDSCAPE ESMT 9 5' LANDSCAPE SETBACK5' LANDSCAPE SETBACK 30' LANDSCAPE ESMT 30' LANDSCAPE ESMT 30' LANDSCAPE ESMT 30' LANDSCAPE ESMT 6 4 R30' R30' 3 R30' STAMPED/STAINED CONC. TRAFFIC CALMING PROPOSED DECEL LANE R30' OPEN SPACE 4 6 R30' R30' R30' 4 R20' R30'R30'R30' 15' LANDSCAPE ESMT 15' LANDSCAPE ESMT 15' LANDSCAPE ESMT R30' R30' 10' MEANDERING HIKE & BIKE TRAIL RETAINING WALL 10' MEANDERING HIKE & BIKE TRAIL 10' MEANDERING HIKE & BIKE TRAIL 10' MEANDERING HIKE & BIKE TRAIL 10' MEANDERING HIKE & BIKE TRAIL 110' 11' 10 R30' R30' FIRE HYDRANT & 10' W.E. FIRE HYDRANT & 10' W.E. FDC FDC FDC FDC FDC FDC FDC FDC FDCFDC FDC FDC FDC FDC FDC 80'80'3 R30' 60'110' 10' STREET ESMT 6 6 6 11 11 13 12 6 6 11930'R30' 8 7 8 7 18 24 26 12 1320' 8 8 10 10 7 7 10 11FDC 25 7 8 9 N89°50'13"E 64.63'20'20'24' R30' R30' 20' 20'20'20'20'R30' R30' R30'R30' R30' R30' R30' 20' 20'20'20' 24'20'FIRE HYDRANT & 10' W.E. FDC FIRE HYDRANT & 10' W.E. FIRE HYDRANT & 10' W.E. FIRE HYDRANT & 10' W.E. EX. FIRE HYDRANT FIRE HYDRANT & 10' W.E. FIRE HYDRANT & 10' W.E. STAMPED/STAINED CONC. TRAFFIC CALMINGSSSS S SS S S S S FIRE HYDRANT & 10' W.E. FDC FIRE HYDRANT 10' W.E. 60'110'60'110' FIRE HYDRANT & 10' W.E. 25' LANDSCAPE ESMT FIRE HYDRANT & 10' W.E.10' STREET ESMT 10' STREET ESMT 10' STREET ESMT R30' R20' FIRE HYDRANT & 10' W.E. 15' W.E. 15' S.E. 15' W.E. FIRE HYDRANT & 10' W.E. FIRE HYDRANT & 10' W.E. FIRE HYDRANT & 10' W.E. FIRE HYDRANT & 10' W.E.This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928MTDADBMTDLAST SAVED8/12/2019 4:52 PMPLOTTED BYDOGGETT, MICHAEL 8/13/2019 12:27 PMDWG PATH\\MKNFP01\DATA\PROJECT\MKN_CIVIL\064543101-PTC MOB SURGICAL CENTER\CAD\PLANSHEETSDWG NAMEPSP.DWG , [ 24 x 36 ]IMAGES town logo :XREFS xStrm : xSurv : xUtil : xBrdr : xSite : xsite (psp) : xHtch (PSP) : xUtil (PSP)064543101PROSPER TOWN CENTERNEC 1ST ST & PRESTON RDPROSPER, TEXAS© 2018 KIMLEY-HORN AND ASSOCIATES, INC.AUGUST 2019Not for construction or permit purposes. FOR REVIEW ONLY Engineer P.E. No.Date98628 MICHAEL T DOGGETT AUGUST 2019MTDTOWN COMMENTS106/18/19MTDTOWN SUBMITTAL207/22/19TOWN SUBMITTAL307/30/19MTDTOWN CIVIL PLAN SUBMITTAL408/05/19MTDTOWN PSP COMMENTS508/13/19MTD1-1PRELIMINARY SITE PLAN00 100'200' GRAPHIC SCALE 100' NOTES NOTE: 1.ALL OPEN SPACE AND LANDSCAPING SHALL BE PROVIDED IN ACCORDANCE WITH THE REQUIREMENTS OUTLINED IN PD-7. 2.FINAL DUMPSTER/TRASH SERVICE LAYOUTS TO BE PROVIDED WITH FINAL DESIGN OF EACH BLOCK AND LOT. 3.TRASH AND LOADING ZONES ARE TO BE PLACED BEHIND RETAIL BUILDINGS. 4.ALL DIMENSIONS PROVIDED ARE FROM THE FACE OF CURB. 5.PERMANENT LANDSCAPE & IRRIGATION TO BE INSTALLED ON EAST & SOUTH SIDES OF DETENTION BASIN UPON CONSTRUCTION OF ADJACENT FIRE LANES. DUMPSTER ADA PARKING STALL LEGEND FIRE HYDRANT PROP. RETAINING WALL PROPOSED FIRE LANE (FIRE, ACCESS, UTILITY & DRAINAGE EASEMENT) PROP. ACCESS AND UTILITY EASEMENT EXIST. CONTOURS700 OTX Prosper Land LLC 14881 Quorum Drive Suit 190 Dallas, Texas 75254 Contact: Mike Wells Phone: (972)-458-2588 ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MAY BE APPROVED BY THE FIRE DEPARTMENT. 7.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FACADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6') FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5') FEET IN WIDTH ALONG RESIDENTIAL STREETS, AND CARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16.SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING AND ZONING COMMISSION, AT THE END OF WHICH THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 22.DEVELOPMENT OF FUTURE PAD SITES WILL REQUIRE A REVISED PRELIMINARY SITE PLAN IF NOT IN GENERAL CONFORMANCE WITH THIS PRELIMINARY SITE PLAN. Kimley-Horn and Associates, Inc. 260 East Davis Street Suite 100 McKinney, Texas 75069 Contact: Michael Doggett, P.E. Phone: (469)-301-2580 VICINITY MAP N.T.S. EXISTING FIRE LANE **NOTE ** ALL ITEMS SHOWN AND LISTED WITH (**) ARE FOR CONCEPTUAL PURPOSES ONLY AND DO NOT NECESSARILY REFLECT ULTIMATE BUILD OUT, BUT ARE INTENDED TO CONVEY THE OVERALL INTENT OF THE FUTURE DEVELOPMENT WITHIN THE PROSPER TOWN CENTER. THIS PRELIMINARY SITE PLAN SHOWS HOW BLOCK A, LOT 2 PHASE VI WILL FUNCTION WITH THE EXISTING INFRASTRUCTURE AS WELL AS HOW IT FITS WITH THE OVERALL GENERAL SITE. THE CONCEPTUAL ITEMS SHOWN DO NOT NECESSARILY REFLECT CURRENT TOWN STANDARDS. AS NEW DEVELOPMENT IS PROPOSED, THE PRELIMINARY SITE PLAN WILL BE MODIFIED TO REFLECT NEW CONDITIONS AND A FINAL SITE PLAN FOR EACH SPECIFIED PARCEL WILL BE SUBMITTED TO THE TOWN OF PROSPER FOR REVIEW. ALL FINAL SITE PLAN LAYOUTS MUST MEET CURRENT TOWN STANDARDS AND REGULATIONS WHICH INCLUDE, BUT ARE NOT LIMITED TO DIMENSIONS, FIRE COVERAGE, DUMPSTER LAYOUTS, BUILDING AND LANDSCAPE SETBACKS, SCREENING, DRIVEWAY THROAT DEPTH, EASEMENT DEDICATION, PARKING REQUIREMENTS, AND LANDSCAPE REQUIREMENTS. Page 107 Item 15. 914767.220TRAVERSE POINT X 915766.960TRAVERSE POINT X 1046765.338BRICK WALL B GATE B 1047765.347BRICK WALL 1048765.980BRICK WALL BC END 1049765.886BRICK WALL 1050766.010BRICK WALL BC B 1051765.493BRICK WALL END GATE END 1147772.315CURB INLET 1148772.454CURB INLET 1149772.399CURB INLET END BC SPEED BUMP FL F L FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLF L FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLVANVANVANVANFLFLFL FL FL FL FL FL FL FL FLFLFL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFL FL FLS 6 11 15 913 12 20 20 812 22 16 7 4 18 26 BFR BFR 2 BFR BFRBFRBFRBFR CI JB FH WM WM BFR BFR MEDICAL OFFICE ±30,000 SF 2 STORY FF=774.50 (PHASE 1) BLOCK A LOT 2 4.204 ACRES 183,126 SQ FT DUMPSTER ENCLOSURE W/ 8' TALL MASONRY SCREENING WALL (BRICK AND STONE) TO MATCH BUILDING AND 8' METAL GATE.BFRFUTURE MEDICAL OFFICE ±15,000 SF 1 STORY FF=775.50 (PHASE 2) EX. FIRE HYDRANT EX. FIRE HYDRANT 5 3 '33'50'139'54'6'24'12'169'42'24'5'5'21' 20'8' CI CI CI CI FH 1 3 FIRE LANE, ACCESS & UTILITY EASEMENT FIRE LANE, ACCESS & UTILITY EASEMENT MUTUAL ACCESS & DRAINAGE EASEMENT FIRE LANE, ACCESS, UTILITY & DRAINAGE EASEMENT (BY SEPARATE INSTRUMENT) FIRE LANE, ACCESS, UTILITY & DRAINAGE EASEMENT FIRE LANE, ACCESS & DRAINAGE EASEMENT (BY SEPARATE INSTRUMENT) MUTUAL ACCESS & DRAINAGE EASEMENT FIRE LANE, ACCESS & UTILITY EASEMENT FIRE LANE, ACCESS & UTILITY EASEMENT EX. ACCESS EASEMENT CC #20141125001287480 EX. 15' WATER EASEMENT CC #20141117001251950 EX. GAS EASEMENT CC #20140623000639020 EX. ELECTRIC LINE EASEMENT CC #20140630000663990 WM 15' WATER EASEMENT (BY SEPARATE INSTRUMENT) 15' WATER EASEMENT (BY SEPARATE INSTRUMENT) 15' WATER EASEMENT (BY SEPARATE INSTRUMENT) 10' WATER EASEMENT 10' WATER EASEMENT EX. DRAINAGE EASEMENT CC #20180417000458550 10' WATER EASEMENT 15' WATER EASEMENT 10' WATER EASEMENT 10' WATER EASEMENT 10' WATER EASEMENT EX. FIRE LANE, ACCESS, DRAINAGE & UTILITY EASEMENT CC#20160620000772860 24'30'30' 30' 24' 9'9'5'9'5' 9'5'9'5' 8'9'9'5'9'9'9'5'9'6'9'9' 9' 9'9' 9' 9'9'60°9'9'23' SWSW SWSW SWSWSW FH SW SW OPEN SPACE EX. FIRE HYDRANT 98.5 ' FDC FDC CI 2 R30' R30' R30' 24' R30' LOT 1, BLOCK A PROSPER TOWN CENTER PHASE VI ZONING: PD-COMMERCIAL LOT 1, BLOCK A PROSPER TOWN CENTER PHASE IV ZONING: PD-COMMERCIAL LAND USE: MEMORY CARE REMAINDER OF PROSPER TOWN CENTER I, L.P. ZONING: PD-COMMERCIAL BLOCK A, LOT 1 PHASE V ZONING: PD-COMMERCIAL LAND USE: OFFICE BLOCK A, LOT 7 ZONING: PD-COMMERCIAL LAND USE: RETAIL BLOCK A, LOT 3 ZONING: PD-COMMERCIAL LAND USE: RETAIL REMAINDER OF BROADWAY 78 INVESTORS, LTD. ZONING: PD-COMMERCIAL 5'9'9'9'8'9'9'8'9'18'20'20'20'20'15' WATER EASEMENT 18'24'FH 18' 18'18' TREE WELLS FIRE LANE, ACCESS, DRAINAGE & UTILITY EASEMENT CC #20141117001251940 FIRE LANE, ACCESS, DRAINAGE & UTILITY EASEMENT CC #20141117001251940 18'R30'6'6'15' 5' 5' 10' 6' 5' 1 2 . 5 '12.5'16'8' 20'23'17' 6' EX. ISLAND CONNECT TO EX. CURB 18'12'24'20'20'24'20'20'24'15' 18' 12' 10' 10' FH 11.6'12.4'10'18'2' OVERHANG 18' 18'6.3'6'5'5'5' LANDSCAPE SETBACK2' OVERHANG 2' OVERHANG 5' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK5'15' DRAINAGE EASEMENT 15' S.S. EASEMENT R15'R15'9.5'R10' EX. FIRE LANE EX. DUMPSTER 20'20'10' 9' 9' R30' R30' R30'R30' R20' R20' R30' R30' R30' 5' LANDSCAPE SETBACK 10' WATER EASEMENT This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928MTDADBMTDLAST SAVED8/27/2019 11:41 AMPLOTTED BYBARNES, AUSTIN 8/29/2019 2:01 PMDWG PATHK:\MKN_CIVIL\064543101-PTC MOB SURGICAL CENTER\CAD\PLANSHEETSDWG NAMESITE PLAN.DWG , [ C-3.00 SITE PLAN ]IMAGES town logo :XREFS xStrm : xSurv : xUtil : xBrdr : xSite : xHtch064543101PROSPER TOWN CENTERNEC 1ST ST & PRESTON RDPROSPER, TEXAS© 2018 KIMLEY-HORN AND ASSOCIATES, INC.Know what'sbelow. before you dig.Call AUGUST 2019Not for construction or permit purposes. FOR REVIEW ONLY Engineer P.E. No.Date98628 MICHAEL T DOGGETT AUGUST 2019MTDTOWN COMMENTS106/18/19MTDTOWN SUBMITTAL207/22/19TOWN SUBMITTAL307/30/19MTDTOWN CIVIL PLAN SUBMITTAL408/05/19MTDTOWN PSP COMMENTS508/13/19MTDSITE PLAN RESUBMITTAL608/21/19MTDSITE PLAN RESUBMITTAL708/27/19C-3.00SITE PLAN00 30'60' GRAPHIC SCALE 30' TYP TYPICAL WATER EASEMENTWE SANITARY SEWER EASEMENTSSE NUMBER OF PARKING SPACESX FH ACCESSIBLE PARKING SYMBOL BARRIER FREE RAMP (BFR) EXISTING CONTOUR - MAJOR EXISTING CONTOUR - MINOR DRAINAGE EASEMENTDE BARRIER FREE RAMPBFR SIDEWALKSW CURB INLETCI LEGEND FIRE HYDRANT EXISTING PAVEMENT FDC FIRE DEPARTMENT CONNECTION EXISTINGEX PROPOSEDPROP. PROPOSED FIRE LANE PROPOSED BUILDING FL FL BUILDING LINE/SETBACKBL WM WYE INLETWI MANHOLEMH TRANSFORMER PAD GRATE INLETGI JUNCTION BOXJB T S SANITARY SEWER MANHOLE CURB INLET GRATE INLET HEADWALL JUNCTION BOX OR WYE INLET WATER METER (AND VAULT) PROPSED CONTOUR - MAJOR PROPOSED CONTOUR - MINOR ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. ANY ADDITIONAL ENCLOSURES WILL REQUIRE REAPPROVAL BY TOWN STAFF. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5) FEET IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16.SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21.THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL AND VOID. TOWN SITE PLAN NOTES OTX Prosper Land LLC 14881 Quorum Drive Suit 190 Dallas, Texas 75254 Contact: Mike Wells Phone: (972)-458-2588 Kimley-Horn and Associates, Inc. 260 East Davis Street Suite 100 McKinney, Texas 75069 Contact: Michael Doggett, P.E. Phone: (469)-301-2580 VICINITY MAP N.T.S. ID BLOCK A TYPE DOMESTIC DOMESTIC IRRIGATION A A SIZE 2" 2" 1" LOT 2 2 2 METER SCHEDULE 1 2 3 PAVILION / COVERED PARKING NOTE: ALL DIMENSIONS ARE TO FACE OF CURB Page 108 Item 15. Page 1 of 2 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 10, 2019 Agenda Item: Conduct a Public Hearing, and consider and act upon an ordinance to amend Planned Development-33 (PD-33), on 127.9± acres, located on the southwest corner of Prosper Trail and Cook Lane, to allow for the expansion of a House of Worship (Prestonwood Baptist Church), including a Private School and Gymnasium. (Z19-0012). Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Planned Development-33- Office Prestonwood Baptist Church Business Park North Planned Development-8- Single Family Single Family Residences (Lakes of Prosper) Medium Density Residential East Planned Development-26- Office/Industrial and Specific Use Permit-8 (S- 8) Undeveloped and Office/Warehouse (Prosper Business Park) Business Park South Agricultural and Planned Development-95-Office Undeveloped and Public Safety Facilities (under construction) Business Park West Planned Development-66- Retail Undeveloped Tollway District Prosper is a place where everyone matters. PLANNING Page 109 Item 16. Page 2 of 2 In October 2006, the Town Council approved Planned Development-33 (PD-33) for the Prestonwood Baptist Church North Campus. With this amendment, Prestonwood is proposing to update the proposed conceptual site plan and conceptual elevations to reflect the existing development, as well as to allow for the expansion of the existing building. The proposed building expansion is for a total of 37,441 square feet, two (2) stories in height, and includes classrooms and a gymnasium. The conceptual site plan, Exhibit D, has been revised to show the proposed building expansion and the existing and future athletic fields. The development standards, Exhibit C, have been modified to include private athletic field uses. Exhibits F and G have been revised to show the elevations and landscaping associated with the building expansion. Town staff believes this amendment is reasonable and recommends approval. Future Land Use Plan – The Future Land Use Plan recommends Business Park for the property; the proposed amendment conforms to the Future Land Use Plan. Thoroughfare Plan – The property has direct access to Prosper Trail, a four-lane divided minor thoroughfare, Cook Lane and the future Safety Way, which are two-lane undivided commercial collectors. The zoning exhibit complies with the Thoroughfare Plan. Parks Master Plan – The required hike & bike trails along Prosper Trail and Cook Lane are provided in accordance with the Parks Master Plan. Legal Obligations and Review: Notification was provided to neighboring property owners, as required by state law. Town staff has not received any Public Hearing Notice Reply Forms. Terrence Welch of Brown & Hofmeister, L.L.P., has approved the ordinance as to form and legality. Attached Documents: 1. Location and Zoning Maps 2. Proposed Exhibits A, B, C, D, E, F, and G 3. Ordinance Planning & Zoning Commission Recommendation: At their August 20, 2019 meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 6-0. Town Staff Recommendation: Staff recommends the Town Council approve the request. Proposed Motion: I move to approve an ordinance to amend Planned Development-33 (PD-33), on 127.9± acres, located on the southwest corner of Prosper Trail and Cook Lane, to allow for the expansion of a House of Worship (Prestonwood Baptist Church), including a Private School and Gymnasium. Page 110 Item 16. Page 111 Item 16. Page 112 Item 16. Page 113 Item 16. Z19-0012 EXHIBIT “B” STATEMENT OF INTENT AND PURPOSE The purpose of this Planned Development proposal is to develop the North Campus of Prestonwood Baptist Church to meet the growing needs of the community. The Prestonwood North Campus Planned Development will comply with the requirements of the Office Zoning District as a base; with the exceptions as noted in Exhibit “C” Prestonwood North Campus Development Standards. Page 114 Item 16. Z19-0012 EXHIBIT “C” DEVELOPMENT STANDARDS Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these Development Standards, the regulations of the Town’s Zoning Ordinance, as it exists or maybe amended, and the Subdivision Ordinance as it exists or may be amended shall apply. Except as noted below, the property shall develop in accordance with the Office District, as it exists or may be amended. Use of Land and Buildings 1. Use is Permitted - Athletic Stadium or Field, Private Maximum Building Height: 1. Three (3) stories, not greater than one hundred fifty (150) feet. Where buildings exceed forty (40) feet in height, such buildings shall not be located closer to any residential district boundary line than two hundred (200) feet. 2. Ornamental features may exceed the maximum building height provided that the ornamental feature does not contain habitable floor area and provided the required setbacks for the ornamental feature are increased by two (2) feet for every one (1) foot that the ornamental feature exceeds the maximum height. Ornamental features include, but are not limited to towers, spires, steeples, and cupolas. Landscaping: Landscaping shall be provided in accordance with The Town of Prosper Zoning Ordinance No. 05-20, Chapter4, Section 2, Landscaping. The intention of differing from the Town of Prosper Landscape requirements is to provide a clean, modern, campus-like appearance to be in harmony with the aesthetic of the building and to enhance the serenity of the outdoor environment. With the following exceptions: 1. Perimeter requirements a. The use of small and large trees, in addition to a limited number of small shrubs in lieu of the shrub counts required in the Town Landscape ordinance shall be allowed as approved by Town Staff. Other landscaped area requirements such as widths, etc. shall meet the zoning ordinance. 2. Interior Parking Requirements a. Landscaped areas may not be required to be protected by a raised six (6) inch concrete curb. b. Landscaped areas shall meet the minimum planting requirements and are allowed to be grouped to the perimeter of the parking areas in a tree lined walkway fashion as approved by town staff. General Compliance: Except as amended by these conditions, development of property within The Prestonwood North Campus Planned Development shall comply with the requirements of all ordinances, rules, and regulations of the Town of Prosper. Page 115 Item 16. FIRE LANE Cook LaneProsper Trail Lake Trail Ln.Kirkwood Ln.F.F.635.50 F.F. 635.50 EXISTING EDUCATION ADMIN 35' HT F.F. 635.50 EXISTING WORSHIP MULTI-PURPOSE FELLOWSHIP 41' HT F.F. 635.50 EXISTING COMMONS AND RECREATIONAL FACILITY 37' HT 23,259 SQ. FT.FIRE LANE ACCESS &UTILITY EASEMENTFIRE LANE ACCESS & UTILITY EASEMENT FIRE LANE ACCESS & UTILITY EASEMENT FIRE LANE ACCESS & UTILITY EASEMENT FIRE LANE ACCESS &UTILITY EASEMENTFIRE LANE ACCESS &UTILITY EASEMENTR30 ' - 0 " TELEPHONE & ELECTRICAL ESMT EXISTING TEMPORARY BUILDING F.F. 634.00 PROPOSED PHASE THREE GYMNASIUM AND CLASSROOM FACILITY 37' HT 37,441 SQ. FT. FUTURE WORSHIP CENTER FUTURE EDUCATION FUTURE EDUCATION / ADMIN Safety Way EXISTING PLAYFIELDS (Presently unmarked) FUTURE PARKING FUTURE PARKING FUTURE PARKING FUTURE PARKING FUTURE PARKING FUTURE PARKING FUTURE PARKING EXISTING PARKING EXISTING PARKING EXISTING PARKING EXISTING PARKING EXISTING PARKING DRAINAGE CHANNEL DRAINAGE CHANNELDRAINAGE CHANNELUNDEVELOPED - FUTURE PHASES UNDEVELOPED - FUTURE PHASES F.F. 635.50 EXISTING EDUCATION ADMIN 35' HT 26,298 SQ. FT. S89 28' 22"W 1145.75'N00 31' 06"W 1040.41'N89 28' 23"E 641.77'N89 32' 22"E 132.64' N89 28' 54"E 250.00'N00 31' 06"W 373.82'FIRE LANE FIRE LANE FIRE LANES00 14' 40"W 1371.00'N89 59' 13"W 2095.78'N00 31' 08"E 2564.95'LAKES OF PROSPER ADDITION BON TERRE-B LTD. V.6004, P.2595 DRCCT 81.33 ACRES LAND USE: RESIDENTIAL ZONING: SF-10, PD-8 FUTURE BALLFIELDS PROSPER INDUSTRIAL 102 JT VTR V. 5593 P. 2451 DRCCT 102.246 ACRES LAND USE: UNDEVELOPED ZONING: O/I, PD-26 EXISTING ENTRANCE & EXIT DRIVES PROPOSED MEDIAN OPENING - 65' FUTURE EXISTING MEDIAN OPENING EXISTING MEDIAN OPENING 75' 470' Existing350'335' FIRE LANE ACCESS & UTILITY EASEMENT 25'-0" TYP. 25'-0" 25'-0" 25'-0"90' R.O.W.VILLAGES OF PROSPER TRAIL, GEER SF, LTD. V.5568, P. 4760 DRCCT 12 ACRES LAND USE: UNDEVELOPED ZONING: SF-10, PD-12 Industry Way PROSPER BUSINESS PARK DOC. NO. 20170830010004190 P.R.C.C.T. LAND USE: UNDEVELOPED FUTURE LAND USE: BUSINESS PARK ZONING: O/I, PD-26 PROSPER BUSINESS PARK DOC. NO. 20170830010004190 P.R.C.C.T. LAND USE: BUSINESS PARK ZONING: O/I, PD-26 S00 14' 40"W 1199.00'MAHARD 2003 PARTNERSHIP, L.P. VOLUME 5670, PAGE 1918 D.R.C.C.T. LAND USE: UNDEVELOPED FUTURE LAND USE: BUSINESS PARK ZONING: SF 183 LAND CORPORATION C. C. NO. 97-5168 D.R.C.C.T. LAND USE: UNDEVELOPED FUTURE LAND USE: BUSINESS PARK ZONING: SF, PD-3 ELMER L. TEMPLIN VOLUME 1227, PAGE 172 C.R.C.C.T. LAND USE: UNDEVELOPED FUTURE LAND USE: BUSINESS PARK ZONING: A TRACT 1 183 LAND CORPORATION, INC. DOC. NO. 97-5168 D.R.C.C.T. LAND USE: UNDEVELOPED FUTURE LAND USE: TOLLWAY DRISTRICT ZONING: R PD-66 PROSPER - TOLLROAD, LTD. C. C. NO. 97-0088560 D.R.C.C.T. LAND USE: UNDEVELOPED FUTURE LAND USE: TOLLWAY DISTRICT ZONING: CC PROSPER-TOLLROAD JT. VNT. LTD. C. C. NO. 96-0090247 D.R.C.C.T. LAND USE: UNDEVELOPED FUTURE LAND USE: TOLLWAY DISTRICT ZONING: CC 100' Throat Min.Future StreetTYP.FUTURE DRIVE FUTURE DRIVE NSITE 901 MAIN STREET #6250DALLAS, TEXAS 75202972.788.9300(f) 214.594.54981001 NORTH PROSPER TRAILPROSPER, TEXAS 75078972.798.6700PrestonwoodSITE PLAN NOTES: ITEM GENERAL SITE DATA PARKING LANDSCAPING IMPERVIOUS SURFACE (SF/AC) Page 116 Item 16. FIRE LANE Cook LaneProsper Trail Lake Trail Ln.Kirkwood Ln.F.F.635.50 F.F. 635.50 EXISTING EDUCATION ADMIN 35' HT F.F. 635.50 EXISTING WORSHIP MULTI-PURPOSE FELLOWSHIP 41' HT F.F. 635.50 EXISTING COMMONS AND RECREATIONAL FACILITY 37' HT 23,259 SQ. FT.FIRE LANE ACCESS &UTILITY EASEMENTFIRE LANE ACCESS & UTILITY EASEMENT FIRE LANE ACCESS & UTILITY EASEMENT FIRE LANE ACCESS & UTILITY EASEMENT FIRE LANE ACCESS &UTILITY EASEMENTFIRE LANE ACCESS &UTILITY EASEMENTR3 0 ' - 0 " TELEPHONE & ELECTRICAL ESMT EXISTING TEMPORARY BUILDING F.F. 634.00 PROPOSED PHASE THREE GYMNASIUM AND CLASSROOM FACILITY 37' HT 37,441 SQ. FT. EXISTING PLAYFIELDS (Presently unmarked) EXISTING PARKING EXISTING PARKING EXISTING PARKING EXISTING PARKING EXISTING PARKING DRAINAGE CHANNELDRAINAGE CHANNELF.F. 635.50 EXISTING EDUCATION ADMIN 35' HT 26,298 SQ. FT. S89 28' 22"W 1145.75'N00 31' 06"W 1040.41'N89 28' 23"E 641.77'N89 32' 22"E 132.64' N89 28' 54"E 250.00'N00 31' 06"W 373.82'FIRE LANE FIRE LANE FIRE LANES00 14' 40"W 1371.00'LAKES OF PROSPER ADDITION BON TERRE-B LTD. V.6004, P.2595 DRCCT 81.33 ACRES LAND USE: RESIDENTIAL ZONING: SF-10, PD-8 PROSPER INDUSTRIAL 102 JT VTR V. 5593 P. 2451 DRCCT 102.246 ACRES LAND USE: UNDEVELOPED ZONING: O/I, PD-26 EXISTING ENTRANCE & EXIT DRIVES EXISTING MEDIAN OPENING EXISTING MEDIAN OPENING 75' 470' Existing FIRE LANE ACCESS & UTILITY EASEMENT 25'-0" TYP. 25'-0" 25'-0" 25'-0"90' R.O.W.VILLAGES OF PROSPER TRAIL, GEER SF, LTD. V.5568, P. 4760 DRCCT 12 ACRES LAND USE: UNDEVELOPED ZONING: SF-10, PD-12 PROSPER BUSINESS PARK DOC. NO. 20170830010004190 P.R.C.C.T. LAND USE: UNDEVELOPED FUTURE LAND USE: BUSINESS PARK ZONING: O/I, PD-26100' Throat Min.Future StreetTYP.N901 MAIN STREET #6250DALLAS, TEXAS 75202972.788.9300(f) 214.594.54981001 NORTH PROSPER TRAILPROSPER, TEXAS 75078972.798.6700PrestonwoodSITE SITE PLAN NOTES: ITEM GENERAL SITE DATA PARKING LANDSCAPING IMPERVIOUS SURFACE (SF/AC) Page 117 Item 16. Z19-0012 EXHIBIT “E” DEVELOPMENT SCHEDULE The development of the Prestonwood Baptist North Campus Planned Development is a multi- phased development. Phase 1 2007 constructed Multi-Purpose/Fellowship 44,000± square feet, Education and Administration 46,000± square feet, and Atrium Commons 46,000± square feet. Phase 2 2012 constructed 75,000± square foot expansion. Phase 3 Gymnasium/Classroom Expansion 37,441± square feet, estimated construction completion late 2020. Phases 1, 2, & 3 are constructed on Lot 1R, Block A, Prestonwood Addition being 35.3+ acres. It is furthermore anticipated that future phases will commence over the next ten (10) to twenty (20) years. Page 118 Item 16. LEVEL 01 100' -0" TOP -Edu 135' -0" TOP -Gym 137' -0" 2nd FLR -PH3 112' -6" PAINTED TILTWALL PANEL METAL PANEL WALL CMU SPLITFACE STEEL CROSS PAINTED TILTWALL PANEL METAL PANEL WALL PAINTED TILTWALL PANEL REVEALC.JSTOREFRONT SYSTEM LEVEL 01 100' -0" TOP -Edu 135' -0" TOP -Education 131' -0" TOP -Existing 142' -0" T.O.P. 125' -4" TOP -Gym 137' -0" 1st FLR-PH3 98' -6" 2nd FLR -PH3 112' -6" Roof -PH3 127' -0" PAINTED TILTWALL PANEL STOREFRONT SYSTEM METAL PANEL WALL CMU SPILTFACE STOREFRONT SYSTEM PAINTED TILTWALL PANEL CMU SPILTFACE STEEL CROSS EXISTINGNEW CONSTRUCTION TOP -Education 131' -0" TOP -Gym 137' -0" 1st FLR-PH3 98' -6" Roof -PH3 127' -0" PAINTED TILTWALL PANEL PAINTED TILTWALL PANEL METAL PANEL WALL PAINTED TILTWALL PANEL STEEL CROSS NEW CONSTRUCTIONEXISTING TOP -Education 131' -0" TOP -Existing 142' -0" T.O.P. 125' -4" TOP -Gym 137' -0" 1st FLR-PH3 98' -6" 2nd FLR -PH3 112' -6" METAL PANEL WALL STOREFRONT SYSTEM PAINTED TILTWALL PANEL CMU SPLITFACE CMU SPLITFACE METAL PANEL WALL PAINTED TILTWALL PANEL CMU SPLITFACE STOREFRONT SYSTEM PAINTED TILTWALL PANEL REVEAL C.J STEEL CROSS NEW CONSTRUCTION EXISTING EXISTING ENCLOSURE WALL CMU SPLITFACE 1.This Façade Plan is for conceptual purposes only. All building plans require review and approval from the Building Inspections Department. 2. All mechanical equipment shall be screened from public view. Rooftop mounted equipment shall be screed by a parapet wall or screening wall. Screening walls shall be the specifications of the Zoning Ordinance. 3. When permitted, exposed utility boxes and conduits shall be painted to match the building. 4. All SIGNAGE areas and locations are subject to approval by the Building Inspections Department. 5. Windows shall have a maximum exterior visible reflectivity of ten (10) percent. 6. Any deviation from the approved Façade Plan will require re-approval by the Town of Prosper. GENERAL NOTESMATERIAL CALCULATIONS NORTH ELEVATION TOTAL SURFACE AREA TOTAL TILTWALL AREA TOTAL GLASS AREA TOTAL CMU SPLITFACE AREA TOTAL METAL PANEL AREA NET SURFACE AREA SURF. AREA 19810.65 s.f 14270.11 s.f 2526.53 s.f 9349.54 s.f 1399.91 s.f 17284.12 s.f % 100% 78% 7% 8% 7% 93% SOUTH ELEVATION TOTAL SURFACE AREA TOTAL TILTWALL AREA TOTAL GLASS AREA TOTAL CMU SPLITFACE AREA TOTAL METAL PANEL AREA NET SURFACE AREA SURF. AREA 19127.64 s.f 14296.91 s.f 832.71 s.f 3028.98.98 s.f 969.04 s.f 18294.93 s.f % 100% 75% 4% 16% 5% 95% EAST ELEVATION TOTAL SURFACE AREA TOTAL TILTWALL AREA TOTAL GLASS AREA TOTAL CMU SPLITFACE AREA TOTAL METAL PANEL AREA NET SURFACE AREA % 100% 63% 12% 14% 11% 88% WEST ELEVATION TOTAL SURFACE AREA TOTAL TILTWALL AREA TOTAL GLASS AREA TOTAL METAL PANEL AREA NET SURFACE AREA SURF. AREA 20392.90 s.f 19568.06 s.f 549.37 s.f 275.47 s.f 19843.53 s.f % 100% 96% 3% 1% 97% SURF. AREA 19422.01 s.f 12316.21 s.f 2322.43 s.f 2623.05 s.f 2160.32 s.f 17099.58 s.f DATE ISSUE /REVISION DATE: DRAWN BY: CHECKED BY: xxxx date SA JOB #:901 Main Street Suite 6250Dallas, Texas 75202972.788.9300(f) 214.594.5498This Drawing Is Released Under The Authority of: J. David Shanks Texas Registration: #7058 This Drawing Is Incomplete And May Not Be Used For Regulatory Approval, Permit or Construction.972.346.37061001 West Prosper TrailProsper, TX 75078-79508/2/2019 9:57:33 AMC:\Users\DWaite\Documents\201907 PWBC Phase III SD_v2019_dwaiteCNVVU.rvtAuthor Checker F-1 Planned Development Elevations FIRST FLOOR PLAN 1" = 20'-0"1 North Elevation - Overall 1" = 20'-0"3 South Elevation - Overall 1" = 20'-0"4 West Elevation - Overall 1" = 20'-0"2 East Elevation - Overall BUILDING OUTLINE CASE NO. Z19-0012 Page 119 Item 16. Page 120Item 16. TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN’S ZONING ORDINANCE NO. 05-20, ORDINANCE NO. 06-114, AND ORDINANCE NO. 08-044, BY REZONING A TRACT OF LAND CONSISTING OF 127.9 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND NO. 12 SURVEY, ABSTRACT NO. 147 IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT-33 (PD-33) IS HEREBY AMENDED IN ITS ENTIRETY AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT- 33-OFFICE (PD-33-O); 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 Town’s Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”), has received a request (Case Z19- 0012) from Prestonwood Baptist Church (“Applicant”), to rezone 127.9 acres of land, more or less, situated in the Collin County School Land No. 12 Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, 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 Amendments to Zoning Ordinance No. 05-20, Ordinance No. 06-114, and Ordinance No. 08-044. The Town’s Zoning Ordinance, adopted by Ordinance No. 05-20, Ordinance No. 06-114, and Ordinance No. 08-044 are amended as follows: The zoning designation of the below- described property containing 127.9 acres of land, more or less, situated in the Collin County School Land No. 12 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 is Page 121 Item 16. Ordinance No. 19-__, Page 2 hereby amended in its entirety and rezoned as Planned Development-33-Office (PD-33-O). The property as a whole is more particularly described in Exhibit A and attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with 1) the Statement of Intent and Purpose, attached hereto as Exhibit B; 2) the Development Standards, attached hereto as Exhibit C; 3) the Site Plan, attached hereto as Exhibit D; 4) the Development Schedule, attached hereto as Exhibit E; and 5) the Elevations, attached hereto as Exhibit F; and 6), the Landscape Plans, attached hereto as Exhibit G, which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. 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 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. Page 122 Item 16. Ordinance No. 19-__, Page 3 SECTION 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance 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 10TH DAY OF SEPTEMBER, 2019. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 123 Item 16. Page 1 of 3 To: Mayor and Town Council From: Kelly Neal, CGFO, CPM, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 10, 2019 Agenda Item: Consider and act upon an ordinance adopting the Fiscal Year 2019-2020 Annual Budget for the fiscal year beginning October 1, 2019, and ending September 30, 2020. Description of Agenda Item: Approval of this item will appropriate funds for the FY 2019-2020 Budget. Prior to this meeting, the Town published required notices, held public hearings that included staff presentations about the budget, and 2019 tax rate, and gave interested taxpayers the opportunity to be heard by the Town Council. During the 2007 Texas legislative session, House Bill 3195 was passed, amending section 102.007 of the Local Government Code. Subsection C was added to state that adoption of a budget that requires raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to, and separate from, the vote to adopt the budget or a vote to set the tax rate as required by Chapter 26 of the Tax Code. The FY 2019-2020 Proposed Budget raises more in property tax revenues than in the previous year. Although the overall budget is made up of sixteen separate funds, it is helpful to compare the six primary funds from year to year: FY 2020 Fund FY 2019 Amended Budget Proposed Budget (9/10/2019) $ Change % Change General $33,476,508 $29,865,198 ($3,611,310) -10.79% Water/Sewer $20,753,886 $24,956,201 $4,202,315 20.25% Debt Service $6,198,439 $7,022,740 $824,301 13.30% SPD-Crime/Fire $2,465,008 $2,616,408 $151,400 6.14% TIRZ # 1 $1,718,313 $1,766,715 $ 48,402 2.82% Impact Fee Funds $15,515,928 $6,001,303 ($9,514,625) -61.32% Total $80,128,082 $72,228,565 ($7,899,517) - 9.86% FINANCE Page 124 Item 17. Page 2 of 3 The Proposed FY 2019-2020 budget is composed of discretionary and non-discretionary supplemental requests. The tables below display the most prominent requests from the General Fund and Water/Sewer Fund. General Fund Supplemental Requests Request Title Amount Two Lieutenants $ 372,412 Two Traffic Officers $ 292,904 Increase to Annual Street Maintenance Program New Street Maintenance Crew $ 250,000 $ 147,397 Fire - new engine loose equipment $ 150,000 Frontier Park Storage Buildings Park Operations Maintenance/Equipment Failover virtual server cluster Water/Sewer Fund Supplemental Requests $ 147,927 $ 200,200 $ 151,000 Request Title Amount Additional Water Purchase-NTMWD $ 341,042 7 Water/WW FTE Personnel Positions $ 489,424 Sewer Management Fees CIP Water and Wastewater Projects CCTV camera truck, manhole camera, pole driver $ 519,409 $ 850,000 $ 189,380 The Town of Prosper FY 2019-2020 Annual Budget addresses increased service levels to Town residents in response to continued growth. The proposed budget also provides essential or money-saving capital investments in infrastructure and other public improvements, as well as additional public safety resources. The growth in the value of the Town’s tax base is very strong, and the Town’s reputation as a quality community is spreading. Notwithstanding the Town’s current and future growth potential and general optimism, this budget has been prepared with conservative revenue and expenditure assumptions in mind. The table below displays the proposed changes to individual fund budgets from the proposed budget presented on August 13, 2019. Page 125 Item 17. Page 3 of 3 Fund Name 8/13/2019 9/10/2019 $ Change General Fund $30,793,960 $29,865,198 ($928,762) Park Dedication/Improvement Fund $650,000 $665,955 $15,955 Special Revenue Fund $1,454,577 $1,509,577 $55,000 Legal Obligations and Review: Terrence Welch with Brown & Hofmeister, L.L.P., has reviewed and approved the attached ordinance as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town staff recommends that the Town Council adopt the Fiscal Year 2019-2020 Annual Budget as proposed. This item requires a record vote. Recommended Motions: I move to approve an ordinance adopting the Fiscal Year 2019-2020 Annual Budget for the fiscal year beginning October 1, 2019, and ending September 30, 2020, as proposed. Second motion to comply with state law: I move to ratify the property tax revenue increase as reflected in the Fiscal Year 2019-2020 Adopted Budget. Page 126 Item 17. TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ADOPTING THE FISCAL YEAR 2019-2020 ANNUAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019, AND ENDING SEPTEMBER 30, 2020; FOR THE TOWN OF PROSPER, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Annual Budget for the Town of Prosper, Texas, was prepared by the Town Manager and presented to the Town Council on August 13, 2019, in accordance with the Town Charter of the Town of Prosper, Texas; and WHEREAS, the proposed annual budget document was posted on the Town's Internet website and also made available for public review; and WHEREAS, a Notice of a Public Hearing concerning the proposed Annual Town Budget was published as required by state law and said Public Hearing thereon were held by the Town Council on August 27, 2019, and September 5, 2019; and WHEREAS, following the Public Hearing, and upon careful review of the proposed Fiscal Year 2019-2020 Annual Budget, it is deemed to be in the best financial interests of the citizens of the Town of Prosper, Texas, that the Town Council approve said budget as presented by the Town Manager. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION 2 The official budget for the Town of Prosper, Texas, for the fiscal year beginning October 1, 2019, and ending September 30, 2020, is hereby adopted by the Town Council of the Town of Prosper, Texas, and the Town Secretary is directed to keep and maintain a copy of such official budget on file in the office of the Town Secretary and, upon request, make same available to the citizens and the general public. SECTION 3 The sums specified in Exhibit A are hereby appropriated from the respective funds for the payment of expenditures on behalf of the Town government as established in the approved budget document. SECTION 4 Should any part, portion, section, or part of a section of this Ordinance be declared invalid, or inoperative, or void for any reason by a court of competent jurisdiction, such decision, opinion, or judgment shall in no way affect the remaining provisions, parts, sections, or parts of sections of this Ordinance, which provisions shall be, remain, and continue to be in full force and effect. Page 127 Item 17. Ordinance No. 19-xx, Page 2 SECTION 5 All ordinances and appropriations for which provisions have heretofore been made are hereby expressly repealed if in conflict with the provisions of this Ordinance. SECTION 6 In accordance with state law and the Town’s Code of Ordinances, proper Notice of Public Hearing was provided for said Ordinance to be considered and passed, and this Ordinance shall take effect and be in full force and effect from and after its final passage. SECTION 7 Specific authority is hereby given to the Town Manager to transfer appropriations budgeted from one account classification or activity to another within any individual department or activity. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 10TH DAY OF SEPTEMBER, 2019. APPROVED: ________________________________ Ray Smith, Mayor ATTEST: _____________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _____________________________________ Terrence S. Welch, Town Attorney Page 128 Item 17. AMENDED BUDGET 2018-2019 AS ORIGINALLY TRANSMITTED CHANGES FINAL PROPOSED GENERAL FUND Administration 7,253,305$ 5,492,763$ (50,000)$ 5,442,763$ Police Services 4,793,966 5,496,662 - 5,496,662 Fire Services 7,917,834 7,175,800 (791,689) 6,384,111 Public Works 4,621,430 2,963,896 - 2,963,896 Community Services 4,266,002 4,718,211 (87,073) 4,631,138 Development Services 3,098,212 3,211,835 - 3,211,835 Engineering 1,525,759 1,734,793 - 1,734,793 33,476,508$ 30,793,960$ (928,762)$ 29,865,198$ WATER/SEWER FUND Administration 2,264,795$ 2,396,949$ -$ 2,396,949$ Debt Service 3,493,726 3,930,237 - 3,930,237 Water Purchases 5,324,510 5,690,642 - 5,690,642 Public Works 9,670,855 12,938,373 - 12,938,373 20,753,886$ 24,956,201$ -$ 24,956,201$ DEBT SERVICE (I&S)6,198,439$ 7,022,740$ -$ 7,022,740$ TIRZ # 1 1,718,313 1,766,715 - 1,766,715 TIRZ # 2 346,161 342,549 - 342,549 CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT 1,232,504 1,308,204 - 1,308,204 FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SPECIAL PURPOSE DISTRICT 1,232,504 1,308,204 - 1,308,204 PARKS IMPROVEMENT AND DEDICATION FEES 665,490 650,000 15,955 665,955 IMPACT FEES 15,515,928 6,001,303 - 6,001,303 SPECIAL REVENUE 85,310 1,454,577 55,000 1,509,577 STORM DRAINAGE 256,800 642,309 - 642,309 VERF 1,635,870 896,167 - 896,167 HEALTH INSURANCE TRUST 2,716,921 3,111,941 - 3,111,941 31,604,240$ 24,504,709$ 70,955$ 24,575,664$ 85,834,634$ 80,254,870$ (857,807)$ 79,397,063$ Unspent project funds for Capital Projects, Park Improvement and Dedication Fees, and Impact Fees as of September 30, 2019, will automatically be re-apportioned to their respective projects for FY 2019-2020. Funds encumbered for the VERF will also be re-apportioned for FY 2019-2020. GRAND TOTAL EXHIBIT "A" General Fund Total Water/Sewer Total Other Funds Total PROPOSED BUDGET 2019-2020 Ordinance No. 15-58, Page 3 Page 129 Item 17. 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 – September 10, 2019 Agenda Item: Consider and act upon an ordinance adopting the Town of Prosper 2019 Property Tax Rate. Description of Agenda Item: This item is to adopt the 2019 tax rate to generate sufficient revenues as required in the Adopted FY 2019-2020 Budget. The attached ordinance sets the 2019 ad valorem tax rate at $0.52 cents per $100 assessed valuation, to be distributed as follows: $0.367500 for Maintenance and Operations $0.152500 for Debt Service Totaling $0.520000 Total Tax Rate Legal Obligations and Review: Terrence Welch with Brown & Hofmeister, L.L.P., has reviewed and approved the attached ordinance as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: The tax code is specific in the form of making a motion to set the tax rate. Town staff recommends that the Town Council approve an ordinance adopting the 2019 tax rate using the language below. This item requires a record vote. Recommended Motion: Please make your motion in this form: “I move that the property tax rate be increased by the adoption of a tax rate of $0.52 per $100 assessed valuation, which is effectively a 5.06 percent increase in the tax rate.” FINANCE Page 130 Item 18. TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ADOPTING THE TOWN OF PROSPER 2019 PROPERTY TAX RATE; LEVYING TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019, AND ENDING SEPTEMBER 30, 2020, AT THE RATE OF $0.52 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE TOWN OF PROSPER, TEXAS, IN ACCORDANCE WITH EXISTING STATUTORY REQUIREMENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF ON THE TOWN’S HOME PAGE OF ITS WEBSITE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (hereinafter referred to as the “Town”), hereby finds that the tax for the fiscal year beginning October 1, 2019, and ending September 30, 2020, hereinafter levied for current expenditures of the Town and the general improvements of the Town and its property, must be levied to provide revenue requirements for the budget for the ensuing year; and WHEREAS, the Town Council has approved, by separate ordinance to be adopted on the 10th day of September, 2019, the budget for the fiscal year beginning October 1, 2019, and ending September 30, 2020; and WHEREAS, all statutory and constitutional requirements concerning the levying and assessing of ad valorem taxes have been complied with by the Town. 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 The Town Council of the Town of Prosper, Texas, does hereby adopt and levy the following tax rate of $0.520000 per $100 assessed valuation for the Town for tax year 2019 as follows: $0.367500 for the purpose of maintenance and operation; and $0.152500 for payment of principal and interest on debt service. SECTION 3 The rate adopted is higher than the effective rate and lower than the rollback rate as calculated according to the Truth In Taxation provisions of the Texas Tax Code, as amended, and the total levy for maintenance and operations exceeds last year’s levy for same. Page 131 Item 18. Ordinance No. 19-__, Page 2 THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 5.06 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $18. The Town’s website shall reflect the foregoing statements, pursuant to applicable provisions of the Texas Tax Code, as amended. SECTION 4 The Tax Assessor-Collectors for Collin County and Denton County are hereby authorized to assess and collect the taxes of the Town of Prosper in accordance with this Ordinance. The Town shall have all rights and remedies provided by the law for the enforcement of the collection of taxes levied under this ordinance. SECTION 5 All provisions of any ordinance in conflict with this Ordinance are hereby repealed; however, such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 6 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, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 7 This Ordinance shall become effective from and after its adoption and publication, as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ___ TO ___, ON THIS THE 10TH DAY OF SEPTEMBER, 2019. APPROVED: ___________________________________ Ray Smith, Mayor Page 132 Item 18. Ordinance No. 19-__, Page 3 ATTEST: ___________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: ___________________________________ Terrence S. Welch, Town Attorney Page 133 Item 18. Page 1 of 3 To: Mayor and Town Council From: Hulon Webb, Jr., P.E., Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 10, 2019 Agenda Item: Consider and act upon a resolution adopting the Fiscal Year 2019-2020 Capital Improvement Program. Description of Agenda Item: Town staff has prepared the Fiscal Year (FY) 2019-2020 Proposed Capital Improvement Program (CIP) for adoption by the Town Council. This program includes budgeted capital projects for the 2019-2020 fiscal year and major planned capital projects to 2029. The projects for FY 2019-2020 are as follows: Street Projects  Prosper Trail (Kroger – Coit): (Construction) $ 190,846  West Prosper Roads Improvements: (Design & Construction) $ 3,404,618  Gates of Prosper, TIRZ 1: (Richland, Lovers Lane Detention) $ 3,125,025  Victory Way (Coleman – Frontier): (Construction) $ 2,250,000  Prosper Trail (Coit – Custer) – 2 lanes: (Design & Construction) $ 6,000,000  FM 2478 (US 380 – FM 1461): (ROW Payment) $ 69,000  Coleman Street (at Prosper HS): (Construction by First Texas) $ 90,000  Fishtrap Segment 1 (Teel – Middle School): (Construction) $ 1,190,000  Coit Road and US 380 (SB Right Turn Lane): (Construction) $ 35,000  Prosper Trail / DNT Intersection Improvements: (Construction) $ 1,600,000  Fishtrap (Teel Intersection Improvements): (Construction) $ 1,350,000  Cook Lane (First – End): (Construction) $ 2,100,000  First Street (Coit – Custer) – 4 lanes: (Design) $ 1,000,000  Fishtrap (Teel – Gee Road): (Design by Tellus) $ 400,000  Gee Road (Fishtrap – Windsong Retail): (Design by Tellus) $ 250,000 Prosper is a place where everyone matters. ENGINEERING SERVICES Page 134 Item 19. Page 2 of 3  Fishtrap (Elem – DNT) – 2 lanes: (Design) $ 700,000  Coit Road (First – Frontier) – 4 lanes: (ROW Acquisition) $ 800,000  Teel (US 380 Intersection Improvements): (Design) $ 100,000 Traffic Projects  Traffic Signal – Fishtrap & Teel Parkway: (Construction) $ 300,000  Traffic Signal – Fishtrap & Gee Road: (Design) $ 50,000  Traffic Signal – Fishtrap & Gee Road: (Construction) $ 300,000  Traffic Signal – SH 289 & Lovers: (Design & Constr. TIRZ #1) $ 350,000  Traffic Signal – Coit & Richland: (Design) $ 50,000  Traffic Signal – Coit & Richland: (Construction) $ 300,000  Traffic Signal – Fishtrap & Windsong Parkway: (Design) $ 50,000 Parks Projects  Hays Park: (Design) $ 35,000  Pecan Grove Irrigation: (Design & Construction) $ 85,000  Star Trail Park #2: (Construction) $ 535,000  Pecan Grove Phase 2: (Design) $ 67,500  Windsong H&B Trail Phases 3C,5,6A,6B,7,8,9: (Construction) $ 450,524  Pecan Grove H&B Trail: (Design) $ 30,000  Star Trail H&B Trail Phases 1,2,3 and 4: (Construction) $ 100,000  Whitley Place H&B Trail (Power Esmnt): (Design) $ 10,000  Whitley Place H&B Trail (Power Esmnt): (Construction) $ 270,000  Frontier Park Storage: (Design & Construction) $ 147,927 Water Projects  Custer Road Meter Station & WL Reloc.: (Non-Reimb. $300k) $ 2,501,275  Cook Lane (First – End): (Construction) $ 400,000  Broadway (Parvin – Craig): (Construction) $ 150,000 Wastewater Projects  Church / Parvin Wastewater Reconstruction: (Construction) $ 100,000 Drainage Projects  Old Town Drainage – Church & Parvin: (Construction) $ 460,000  Old Town Regional Retention – Broadway: (Construction) $ 622,765  Frontier Park / Preston Lakes Drainage: (Design) $ 100,000 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard resolution as to form and legality. Attached Documents: 1. Resolution 2. FY 2019-2020 Capital Improvement Program Page 135 Item 19. Page 3 of 3 Town Staff Recommendation: Town staff recommends that the Town Council approve a resolution adopting the Fiscal Year 2019-2020 Capital Improvement Program. Proposed Motion: I move to approve a resolution adopting the Fiscal Year 2019-2020 Capital Improvement Program. Page 136 Item 19. TOWN OF PROSPER, TEXAS RESOLUTION NO. 19-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM OF THE TOWN OF PROSPER; REPEALING ALL CONFLICTING RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Town staff has presented the Town Council with a recommended Fiscal Year 2019-2020 Capital Improvement Program which includes budgeted revenues and expenditures for Fiscal Year 2019-2020 and planned revenues and expenditures for future years; and WHEREAS, the recommendation includes funding from a variety of sources including general obligation bonds, certificates of obligation, revenue bonds, impact fees, grant funds, escrows, developer agreements, park fees, general fund appropriations, and other sources; and WHEREAS, the Town Council wishes to formally adopt the Fiscal Year 2019-2020 Capital Improvement Program. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The Town Council of the Town of Prosper, Texas, hereby adopts the Fiscal Year 2019- 2020 Capital Improvement Program, which is attached hereto as Exhibit A and fully incorporated herein and made a part of this Resolution for all purposes. SECTION 2 Any and all ordinances, 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 3 This Resolution shall be effective from and after its passage by the Town Council. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF SEPTEMBER, 2019. ___________________________________ Ray Smith, Mayor ATTEST: ____________________________________ Robyn Battle, Town Secretary Page 137 Item 19. Resolution No. 19-__, Page 2 APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Page 138 Item 19. Resolution No. 19-__, Page 3 EXHIBIT A FISCAL YEAR 2019-2020 CAPITAL IMPROVEMENT PROGRAM Page 139 Item 19. Total Issued Debt Unissued Debt Unissued Debt IssuedPrior Years 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 2024-2029 Cost Authorized Authorized Unauthorized 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 2024-202901 DNT Southbound Frontage Road 17,000,00017,000,00017,000,000X0102 Matthews Southwest, TIRZ No. 2 628,953 - 628,953628,953J02031511-ST Prosper Trail (Kroger - Coit): (Design) 305,000305,000305,000A03041511-ST Prosper Trail (Kroger - Coit): (Construction) 4,503,209 190,8464,694,0554,465,846A,D,K228,20904051512-ST First Street (DNT - Coleman): (Design) 2,786,5672,786,5672,439,915A,D346,65205061512-ST First Street (DNT - Coleman): (Construction) 10,500,00010,500,00010,500,00010,500,00006071507-ST West Prosper Road Improvements: (Design & Construction) 12,781,000 3,404,61816,185,6189,780,069B,C,K6,405,549 2,100,0000708 Gates of Prosper, TIRZ No. 1 (Richland, Lovers Lane, Detention) 11,906,669 3,125,02515,031,69415,031,694H08091708-STE-W Collector (Cook Lane - DNT); design done w/ Cook Lane1,375,000 1,375,0001,375,000A09101820-ST First Street/DNT Intersection Improvements: (Design) 137,000137,000137,000D10111820-STFirst Street/DNT Intersection Improvements: (Construction)1,250,000 1,250,0001,250,000A11121823-ST Victory Way (Coleman - Frontier) - 2 lanes: (Design) 250,000250,000250,000D12131823-STVictory Way (Coleman - Frontier) - 2 lanes: (Construction) 2,250,0002,250,0002,250,000 2,250,00013141709-STProsper Trail (Coit - Custer) - 4 lanes: (Design) 810,000 810,000810,000A14151709-STProsper Trail (Coit - Custer) - 4 lanes: (Construction)16,000,00016,000,00016,000,00016,000,00015162008-STProsper Trail (Coit - Custer) - 2 lanes: (Design & Construction) 6,000,000 6,000,0001,250,000D4,750,000 4,750,00016171825-STColeman (Gorgeous - Prosper Trail) - 4 lanes: (Design)375,000 250,000625,000625,000D 17181825-STColeman (Gorgeous - Prosper Trail) - 4 lanes: (Construction)2,000,0002,000,0002,000,0002,000,00018191805-STFM 2478 (US 380 - FM 1461)323,205 69,000 57,000,00057,392,20557,392,205A,K,X19201819-ST Coleman Street (at Prosper HS): (Design & Construction) 700,000 90,000790,000790,000C, K20211923-STFishtrap (Segments 1, 4); (Elem to DNT) schematic: (Design)778,900 778,900778,900D21222009-ST Fishtrap, Segment 1 (Teel - Middle School): (Construction) 1,190,0001,190,0001,190,000 1,190,00022231932-STCoit Road and US 380 (SB Right Turn Lane): (Design)6,300 6,3006,300A,D23241932-ST Coit Road and US 380 (SB Right Turn Lane): (Construction) 35,00035,00035,000A2425Craig Street (Preston - Fifth): (Construction) 1,250,0001,250,0001,250,000D25261830-ST Prosper Trail/DNT Intersection Improvements: (Design) 88,00088,00088,000A,D26271830-STProsper Trail/DNT Intersection Improvements: (Construction) 1,600,0001,600,0001,600,000 1,600,00027281824-ST Fishtrap (Teel Intersection Improvements): (Design) 150,000 150,000150,000D28291824-STFishtrap (Teel Intersection Improvements): (Construction) 1,350,0001,350,0001,350,000 1,350,00029301708-ST Cook Lane (First - End): (Design) 150,000 150,000150,000A30311708-STCook Lane (First - End): (Construction) 2,100,0002,100,0002,100,000 2,100,00031321934-ST DNT Overpass at US380 90,000,000 10,000,000100,000,00095,000,000D,J,X5,000,0005,000,0003233First Street (Coit - Custer) - 4 lanes: (Design) 1,000,0001,000,0001,000,000 1,000,0003334 First Street (Coit - Custer) - 4 lanes: (Construction) 15,000,00015,000,00015,000,00015,000,0003435First Street (Coit & Custer) Intersection Improvements: (Construction)1,000,0001,000,0001,000,0001,000,00035362010-ST Fishtrap (Teel - Gee Road): (Design) 400,000400,000400,000C36372010-STFishtrap (Teel - Gee Road): (Construction)5,000,0005,000,0005,000,0005,000,00037382011-ST Gee Road (Fishtrap - Windsong Retail): (Design) 250,000250,000250,000C38392011-STGee Road (Fishtrap - Windsong Retail): (Construction)2,500,0002,500,0002,500,0002,500,00039402012-ST Fishtrap (Elem - DNT) - 2 lanes: (Design) 700,000700,000200,000K500,000 500,00040412012-STFishtrap (Elem - DNT) - 2 lanes: (Construction)15,750,00015,750,00015,750,00015,750,00041421710-ST Coit Road (First - Frontier) - 4 lanes: (Design) 1,289,9001,289,9001,289,900A,X42431710-STCoit Road (First - Frontier) - 4 lanes: (ROW) 800,000800,000800,000 800,00043441710-ST Coit Road (First - Frontier) - 4 lanes: (Construction) 15,500,00015,500,00012,312,930A,X3,187,070 3,187,07044451307-STFrontier Parkway (BNSF Overpass)3,650,000 25,664,46429,314,46426,254,464A,X949,004 2,110,996 2,110,99645461933-ST Fishtrap (Segment 2) - PISD reimbursement 1,164,0001,164,0001,164,000 1,164,0004647Fishtrap, Segment 4 (Middle - Elem) - 4 lanes: (Construction) 2,270,0002,270,0002,270,000 2,270,00047482013-ST Teel (US 380 Intersection Improvements): (Design) 100,000100,000100,000A,K48492013-STTeel (US 380 Intersection Improvements): (Construction) 275,000275,000275,000A4950 Coleman Road (Prosper Trail - High School): (Design) 350,000350,000350,000 350,0005051Coleman Road (Prosper Trail - High School): (Construction)4,000,0004,000,0004,000,0004,000,0005152 Parvin Road (FM 1385 - Legacy Drive): (Design) 800,000800,000800,000 800,0005253Parvin Road (FM1385 - Legacy Drive): (Construction)8,500,0008,500,0008,500,0008,500,0005354 Legacy Drive (Prosper Trail - Parvin): (Design) 567,500567,500567,500567,5005455Legacy Drive (Prosper Trail - Parvin): (Construction)5,107,5005,107,5005,107,5005,107,50055561936-ST US 380 (US 377 - Denton County Line) 178,000,000178,000,000178,000,000X56571937-STDNT Main Lane (US 380 - FM 428)87,500,000 262,500,000350,000,000350,000,000X5758 Sixth Street (Main - End) 150,000150,000150,000150,0005859Crown Colony (Meadow Run - High Point)1,025,0001,025,0001,025,0001,025,0005960Ridgewood (Hays - Crown Colony)600,000600,000600,000600,0006061 Waterwood (Ridgewood - End) 175,000 175,000175,000175,0006162Colonial (Ridgewood - End)175,000175,000175,000175,0006263 Shady Oaks Lane (Ridgewood - End) 175,000 175,000175,000175,0006364Riverhill (Ridgewood - End)175,000175,000175,000175,0006465 Plymouth Colony (Bradford - High Point) & Plymouth Colony Circle 650,000 650,000650,000650,0006566Prestonview (Hays - Betts)775,000 775,000775,000775,0006667 Betts Lane (Prestonview - High Point) 275,000 275,000275,000275,0006768High Point Drive (Hays - Betts)750,000 750,000750,000750,0006869 West Yorkshire Drive (High Point - Bradford) 275,000 275,000275,000275,0006970Bradford Drive (West Yorkshire-Plymonth Colony)625,000 625,000625,000625,0007071 Chandler Circle (Preston Road-Hays) 725,000 725,000725,000725,0007172 Parvin Road (Good Hope - FM 1385) 300,000300,000300,000300,0007273 Pasewark (Preston - Hickory) 425,000 425,000425,000425,00073741938-ST FM 1461 (SH 289 - CR 165) 53,000,00053,000,00053,000,000X7475 Coleman (Prosper HS - Preston): (Design) 650,000 650,000650,000650,0007576 Coleman (Prosper HS - Preston): (Construction) 5,850,000 5,850,0005,850,0005,850,0007677 Teel Parkway (US 380 - Fishtrap): (Design) 475,000 475,000475,000475,0007778 Teel Parkway (US 380 - Fishtrap): (Construction) 4,275,0004,275,0004,275,0004,275,0007861,244,703 24,654,489 442,309,464 17,464,000 11,000,000 262,500,000 156,700,000 975,872,656 833,071,176 0 11,529,413 0 131,272,066 5,700,000 11,940,000 4,730,996 5,151,070 6,000,000 0 103,450,000Design7,126,667 2,450,000 350,000 800,000 0 0 1,942,500 12,669,167Construction10,778,209 8,715,846 29,459,464 16,664,000 1,000,000 0 101,757,500 168,375,019Design & Construction43,339,827 12,688,643 412,500,000 0 10,000,000 262,500,000 53,000,000794,028,470Land/Easements0 800,000 0 0 0 0 0 800,000General Fund Projects01Summary of Capital Improvement Program - 09/10 FINALIndex IndexStreet Projects Subtotal Unissued Debt ScheduleFunding SourcesOtherSourcesPage 140Item 19. Funding SourcesTotal Other Issued Debt Unissued Debt Unissued Debt IssuedPrior Years 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 2024-2029 Cost Sources Authorized Authorized Unauthorized 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 2024-2029011827-TRMedian Lighting - US 380 (Denton County - Custer) 485,000485,000485,000D0102Median Lighting - Coit Road (First - Frontier): (Design)100,000100,000100,000D0203Median Lighting - Coit Road (First - Frontier): (Construction)900,000900,000900,000D0304Median Lighting - First Street (Craig - Coit): (Design)62,50062,50062,500D0405Median Lighting - First Street (Craig - Coit): (Construction)562,500562,500562,500D0506Median Lighting - Prosper Trail (Dallas Pkwy - Preston): (Design)82,50082,50082,500D0607Median Lighting - Prosper Trail (Dallas Pkwy - Preston): (Construction)742,500742,500742,500D0708Median Lighting - Prosper Trail (Preston - Coit): (Design)62,50062,50062,500D0809Median Lighting - Prosper Trail (Preston - Coit): (Construction)562,500562,500562,500D09101909-TRTraffic Signal - Coit Rd & First Street: (Construction) 288,244288,244288,244A,D10111939-TRTraffic Signal - DNT & Frontier: (Collin County)400,000400,000400,000X11121940-TRTraffic Signal - DNT & Prosper Trail: (Collin County)400,000400,000400,000X12131928-TRTraffic Signal - Fishtrap & Teel Parkway: (Design) 34,10034,10034,100A13141928-TRTraffic Signal - Fishtrap & Teel Parkway: (Construction) 300,000300,000300,000A14152004-TRTraffic Signal - Fishtrap & Gee Road: (Design) 50,00050,00050,000A15162004-TRTraffic Signal - Fishtrap & Gee Road: (Construction) 300,000300,000300,000A16172007-TRTraffic Signal - SH 289 & Lovers Lane (TIRZ #1) 350,000350,000350,000H17182005-TRTraffic Signal - Coit Rd & Richland: (Design) 50,00050,00050,000A18192005-TRTraffic Signal - Coit Rd & Richland: (Construction) 300,000300,000300,000A19202006-TRTraffic Signal - Fishtrap & Windsong Pkwy: (Design) 50,00050,00050,000A20212006-TRTraffic Signal - Fishtrap & Windsong Pkwy: (Construction) 300,000300,000300,000A`21221935-TRTraffic Signal - FM 1385 & Fishtrap: (TxDOT) 125,000125,000125,000X2223Traffic Signal - FM 2478 (Custer Rd) & First Street: (TxDOT) 300,000300,000300,000X2324Traffic Signal - First Street & La Cima: (Design)50,00050,00050,000A2425Traffic Signal - First Street & La Cima: (Construction)325,000325,000325,000A2526Traffic Signal - First Street & Coleman: (Design)50,00050,00050,000A2627Traffic Signal - First Street & Coleman: (Construction)350,000350,000350,000A271,607,344 1,400,000 425,000 675,000 400,000 0 3,075,000 7,582,344 7,582,34400000000000Design34,100 500,000 0 50,000 50,000 0 307,500 941,600Construction288,244 900,000 300,000 325,000 350,000 0 2,767,500 4,930,744Design & Construction1,285,000 350,000 125,000 300,000 0 0 0 2,060,000Land/Easements0000000 0 Index Subtotal IndexTraffic ProjectsUnissued Debt SchedulePage 141Item 19. Funding SourcesTotal Other Issued Debt Unissued Debt Unissued Debt IssuedPrior Years 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 2024-2029 Cost Sources Authorized Authorized Unauthorized 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 2024-2029Neighborhood Park011806-PKStar Trail Park #1 (7.5 Acres / No Lights): (Construction) 985,000985,000985,000C, G0102Lakewood Preserve (22 Acres / Lights): (Design) 85,00085,00085,000C0203Lakewood Preserve (22 Acres / Lights): Construction) 423,000 2,007,5002,430,500882,500C1,548,000 1,548,00003041802-PKHays Park (2 Acres / No Lights): (Design ) 50,000 35,00085,00085,000G04051802-PKHays Park (2 Acres / No Lights): (Construction) 310,000310,000310,000G0506Prairie Park (6.7 Acres / No Lights) 300,000300,000300,000C0607Tanners Mill Park: (Construction) 468,000 600,0001,068,000468,000C600,000 600,0000708Town Hall Open Space Park: (Design) 55,0002,000,0002,055,00055,000D2,000,0002,000,0000809 Pecan Grove Irrig. (21.5 Acres / No Lights): (Design) 00G0910 Pecan Grove Irrig. (21.5 Acres / No Lights): (Construction) 85,00085,00085,000G1011Star Trail Park #2 (7.5 Acres / No Lights): (Construction) 535,000535,000535,000C1112 Windsong Ranch Park #2 (7.5 Acres / No Lights): (Construction) 260,000260,000260,000C1213 Pecan Grove Phase 2 (21.5 Acres / No Lights) (basketball, pavilion, parking, security lighting): (Design) 67,50067,500500G67,000 67,0001314 Pecan Grove Phase 2 (21.5 Acres / No Lights) (basketball, pavilion, parking, security lighting): (Construction) 675,000675,000249,500G425,500 425,5001415 Park Operations Park (Convert area where Ops is into park) (17 Acres / No Lights): (Design) 51,00051,00051,00051,0001516 Park Operations Park (Convert area where Ops is into park) (17 Acres / No Lights): (Construction) 475,000475,000475,000475,0001617 Windsong Ranch Park #3 (7.5 Acres / No Lights): (Construction) 1,300,000 1,300,000260,000C1,040,000 1,040,0001718Star Trail Park #3 7.5 Acres / No Lights): (Construction) 1,160,0001,160,000785,000C, G375,000 375,0001819 Cedar Grove Phase 2 (9.8 Acres / No Lights): (Design) 20,00020,00020,000 20,0001920 Cedar Grove Phase 2 (9.8 Acres / No Lights): (Construction) 305,000305,000305,000 305,00020211303-PKCockrell Park (8.4 Acres / No Lights)(Construction) 90,0001,150,0001,240,00090,000G1,150,0001,150,0002122Legacy School ILA (Playground cost share) 35,00035,00035,000G22Trails231801-PKWhitley Place H&B Trail Extension: (Design) 70,00070,00070,000G23241801-PKWhitley Place H&B Trail Extension: (Construction) 680,000680,000500,000G180,000 180,0002425Windsong H&B Trail Ph 3C,5,6A, 6B, 7, 8, and 9: (Construction) 901,048 450,524 475,000 495,0002,321,5722,321,572C25261910-PKHike and Bike Master Plan: (Design) 68,00068,00068,000D26271911-PKPecan Grove H&B Trail: (Design) 30,00030,00030,000G27281911-PKPecan Grove H&B Trail: (Construction)410,000410,000220,000G190,000 190,0002829Star Trail H&B Trail Phases 1, 2, 3, and 4: (Construction) 100,000 100,000 1,000,0001,200,0001,200,000C29301926-PK Whitley Place H&B Trail (OH Easement): (Design) 10,00010,00010,000 10,00030311926-PK Whitley Place H&B Trail (OH Easement): (Construction) 270,000270,000270,000 270,0003132H&B Trail Heads / H&B Trail Gateways: (Design) 13,000 15,000 60,00088,00088,000 13,000 15,000 60,0003233H&B Trail Heads / H&B Trail Gateways: (Construction) 90,000 95,000 440,000625,000625,000 90,200 95,000 440,0003334Future unnamed H&B Trail1,000,0001,000,0001,000,0001,000,00034Community Park351603-PKFrontier Park - North Field Improvements (17 Acres / Lights) 11,392,01011,392,0101,834,590B,G9,557,42035361808-PKWest Park Land (200 Acres / Lights) 50,00050,00050,000D3637Frontier Park Storage: (Design & Construction) 147,927147,927147,927D3738 Town Lake Improvements (24 Acres / Lights): (Design) 16,00016,00016,000 16,0003839Town Lake Improvements (24 Acres / Lights): (Construction) 320,000320,000320,000 320,0003940Sexton Park (69 Acres / Lights) (Sports Fields): (Design) 1,200,0001,200,0001,200,000 1,200,0004041Sexton Park (69 Acres / Lights) (Sports Fields): (Construction)12,500,00012,500,00012,500,00012,500,0004142Sexton Park Phase 2 (Lights) (Addtnl Sports Fields): (Design)1,200,0001,200,0001,200,0001,200,0004243Sexton Park Phase 2 (Lights) (Addtnl Sports Fields): (Construction)10,800,00010,800,00010,800,00010,800,0004344Windsong Ranch Community Park (51 Acres / Lights): (Design)1,700,0001,700,0001,700,0001,700,0004445Windsong Ranch Community Park (51 Acres / Lights): (Construction)15,300,00015,300,00015,300,00015,300,0004546Prosper Center Community Park (30 Acres / no lights): (Design)1,500,0001,500,0001,500,0001,500,0004647Prosper Center Community Park (30 Acres / no lights): (Construction)13,500,00013,500,00013,500,00013,500,0004748Star Trail Park Community Park (30 Acres / Lights): (Design)1,500,0001,500,0001,500,0001,500,0004849Star Trail Park Community Park (30 Acres / Lights): (Construction)13,500,00013,500,00013,500,00013,500,00049Medians501417-PKRichland Boulevard Median Landscaping 5,000170,000175,000175,000D50511723-PKState Highway 289 Gateway Monument 474,752474,752474,752D51521818-PKAdditional Turf Irrigation SH 289 80,00080,00080,000D52531813-PKSH 289/US 380 Green Ribbon Landscape Irrigation 809,250809,250809,250B,D53541922-PKDowntown Monument (Broadway/Preston) 300,000300,000300,000C5417,336,060 1,730,951 4,341,500 5,400,000 161,000 475,000 77,320,000 106,764,511 13,751,59109,737,420 0 83,275,500 180,000 347,000 3,322,700 2,820,000 161,000 475,000 76,150,000Design243,000 142,500 114,000 1,220,000 66,000 0 7,960,000 9,745,500Construction17,043,060 1,440,524 4,227,500 4,180,000 95,000 475,000 69,360,000 96,821,084Design & Construction0 147,927 0 0 0 0 0 147,927Land/Easements50,00000000050,000 Subtotal IndexPark ProjectsIndexUnissued Debt SchedulePage 142Item 19. Funding SourcesTotal Other Issued Debt Unissued Debt Unissued Debt IssuedPrior Years 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 2024-2029 Cost Sources Authorized Authorized Unauthorized 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 2024-2029011713-FCPolice Station and Dispatch - Professional Services 1,644,6961,644,69631,293D1,613,403 385,00001021904-FCPolice Station and Dispatch - Development Costs 550,000550,000550,000 550,00002031905-FCPolice Station and Dispatch - Construction 12,645,80412,645,8041,435,000D11,210,804 11,065,00003041906-FCPolice Station and Dispatch - Furniture, Fixtures, and Equipment 1,165,0001,165,0001,165,000D04051809-FCParks Operations and Public Works Complex 3,450,00010,900,00014,350,0002,550,000E, G900,000 10,900,00010,900,0000506Westside Radio Tower for Public Safety500,000500,000500,000 500,0000607Central Fire Station Administration2,546,0002,546,0002,546,0002,546,0000708Central Fire Station, Phase II (Bunk Gear Climate Storage)850,000850,000850,000850,0000809Fire Station #38,000,0008,000,0008,000,0008,000,0000910Recreation Center15,000,00015,000,00015,000,00015,000,0001011Senior Facility9,000,0009,000,0009,000,0009,000,0001119,455,500 0 500,000 0 0 0 46,296,000 66,251,500 5,181,293 14,274,207 0 46,796,000 12,000,000 0 500,00000046,296,000Design2,194,6960000002,194,696Construction13,810,80400000013,810,804Design & Construction0 0 500,000 0 0 0 35,396,000 35,896,000Land/Easements3,450,0000000010,900,000 14,350,00099,643,607 27,785,440 447,575,964 23,539,000 11,561,000 262,975,000 283,391,000 1,156,471,011 859,586,404035,541,041 0 261,343,566 17,880,000 12,287,000 8,553,696 7,971,070 6,161,000 475,000 225,896,000Design9,598,463 3,092,500 464,000 2,070,000 116,000 0 10,210,000 25,550,963Construction41,920,317 11,056,370 33,986,964 21,169,000 1,445,000 475,000 173,885,000 283,937,651Design & Construction44,624,827 13,186,570 413,125,000 300,000 10,000,000 262,500,000 88,396,000 832,132,397Land/Easements3,500,000 800,000 0 0 0 0 10,900,000 15,200,000##A Impact Fees D General Fund G Park Development Fund K Escrows##B Grant and Interlocal Funds E Water / Wastewater Fund H TIRZ #1 X Non-Cash Contributions##C Developer Agreements F Stormwater Drainage Fund J TIRZ #2 Z Other Sources (See Detail)IndexFacility ProjectsDescription Codes - Other SourcesDesignConstructionDesign & ConstructionIndexUnissued Debt Schedule Subtotal Grand Total General Fund Page 143Item 19. Funding SourcesTotal Other Issued Debt Unissued Debt Unissued Debt IssuedPrior Years 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 2024-2029 Cost Sources Authorized Authorized Unauthorized 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 2024-2029011902-WACuster Road Meter Station and WL Relocations: (Design) 290,325290,325290,325E01021902-WACuster Road Meter Station and WL Relocations: (Construction) 2,501,2752,501,2752,501,275E02031715-WAFishtrap 2.5 MG Elevated Storage Tank: (Design) 325,700325,700325,700A03041715-WAFishtrap 2.5 MG Elevated Storage Tank: (Construction) 6,108,0006,108,0003,143,000A2,965,000 207,50004051716-WALPP Water Line Phase 1a & 1b: (Design) 829,850829,850829,850A05061716-WALPP Water Line Phase 1a & 1b: (Construction) 10,658,20010,658,200175,000A10,483,200 4,420,31106071716-WALPP Water Line Phase 1 Easement Costs 1,691,5001,691,5000A1,691,50007081501-WALPP Pump Station and LPP WL Phase 2: (Design) 1,585,1001,585,100277,081A1,308,01908091501-WALPP Pump Station and LPP WL Phase 2: (Construction) 15,200,00015,200,0004,000,000A11,200,000 5,600,000 5,600,00009101810-WALPP Water Line Phase 2 Easement Costs 1,000,0001,000,0001,000,000A10111708-WAE-W Collector (Cook Lane - DNT) Water Line: (Construction) 295,775295,775289,750E6,02511121708-WACook Lane (First - End): (Construction) 400,000400,000400,000E1213LPP Future Expansion (2026): (Design)1,400,0001,400,0001,400,0001,400,0001314LPP Future Expansion (2026): (Construction)12,600,00012,600,00012,600,00012,600,00014151924-WAFifth (Parvin-Craig); Craig (Fifth-Broadway): (Construction) 200,000200,000200,000E15161930-WA Broadway (Parvin-Craig): (Construction) 150,000150,000150,000E1621,984,450 3,051,275 1,000,000 15,200,000 0 0 14,000,000 55,235,725 13,581,981 16,453,744 0 25,200,000 4,627,811 0 0 5,600,000 5,600,000 0 14,000,000Design3,030,975000001,400,000 4,430,975Construction17,261,975 3,051,275 0 15,200,000 0 0 12,600,000 48,113,250Design & Construction0000000 0Land/Easements1,691,500 0 1,000,000 0 0 0 0 2,691,500Funding SourcesTotal Other Issued Debt Unissued Debt Unissued Debt IssuedPrior Years 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 2024-2029 Cost Sources Authorized Authorized Unauthorized 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 2024-202901 Gates of Prosper, TIRZ No. 1 (Middle Doe Branch Line) 5,802,8825,802,8825,802,882H0102 Matthews Southwest, TIRZ No. 2 (Lower Doe Branch Line) 1,333,4141,333,4141,333,414J02031903-WWChurch / Parvin Wastewater Reconstruction: (Construction) 100,000100,000100,000E0304Doe Branch Parallel Interceptor (2021): (Design) 500,000500,000500,000 500,0000405Doe Branch Parallel Interceptor (2021): (Construction) 4,500,0004,500,0004,500,000 4,500,0000506Doe Branch, Phase 3 WWTP (2025): (Design)1,450,000 01,450,0001,450,0001,450,000 00607Doe Branch, Phase 3 WWTP (2025): (Construction)13,050,00013,050,00013,050,00013,050,000077,136,297 100,000 5,000,000 0 14,500,000 0 0 26,736,297 7,236,297 0 0 19,500,000 0 0 0 5,000,000 0 14,500,000 0Design0 0 500,000 0 1,450,000 0 0 1,950,000Construction0 100,000 4,500,000 0 13,050,000 0 0 17,650,000Design & Construction7,136,2970000007,136,297Land/Easements0000000 0Funding SourcesTotal Other Issued Debt Unissued Debt Unissued Debt IssuedPrior Years 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 2024-2029 Cost Sources Authorized Authorized Unauthorized 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 2024-2029011614-DRColeman Street Channel Improvements: (Design) 17,50017,50017,500F01021614-DRColeman Street Channel Improvements: (Construction) 300,000300,000(0) 300,000 300,00002031613-DROld Town Drainage - Church & Parvin: (Design) 40,00040,00040,000F03041613-DROld Town Drainage - Church & Parvin: (Construction) 460,000460,000460,00004051718-DROld Town Regional Retention - Broadway: (Design) 25,00025,00025,000 005061718-DROld Town Regional Retention - Broadway: (Construction) 622,765622,765622,7650607Old Town Regional Retention Pond #2 - Land Acquisition 385,000385,000385,000 385,0000708Old Town Regional Retention Pond #2: (Design)100,000100,000100,000100,0000809Old Town Regional Retention Pond #2: (Construction)900,000900,000900,000900,00009102003-DRFrontier Park/Preston Lakes Drainage: (Design) 100,000 100,000100,000F10112003-DRFrontier Park/Preston Lakes Drainage: (Construction)985,000985,000985,000 985,0001182,500 1,182,765 685,000 985,000 0 0 1,000,000 3,935,265 157,500 1,107,764 0 2,670,000 0 0 685,000 985,000 0 0 1,000,000Design82,500 100,000 0 0 0 0 100,000 282,500Construction0 1,082,765 300,000 985,000 0 0 900,000 3,267,765Design & Construction0000000 0Land/Easements0 0 385,000 0 0 0 0 385,00029,203,247 4,334,040 6,685,000 16,185,000 14,500,000 0 15,000,000 85,907,287 20,975,778 17,561,508 0 47,370,000 4,627,811 0 685,000 11,585,000 5,600,000 14,500,000 15,000,000Design3,113,475 100,000 500,000 0 1,450,000 0 1,500,000 6,663,475Construction17,261,975 4,234,040 4,800,000 16,185,000 13,050,000 0 13,500,000 69,031,015Design & Construction7,136,2970000007,136,297Land/Easements1,691,500 0 1,385,000 0 0 0 0 3,076,500##A Impact Fees D General Fund G Park Development Fund K Escrows##B Grant and Interlocal Funds E Water / Wastewater Fund H TIRZ #1 X Non-Cash Contributions##C Developer Agreements F Stormwater Drainage Fund J TIRZ #2 Z Other Sources (See Detail)Index DesignConstructionSummary of Capital Improvement Program - 09/10 FINAL05Enterprise Fund ProjectsIndexWater ProjectsUnissued Debt Schedule Subtotal Subtotal Index Subtotal Grand Total Enterprise Funds Wastewater ProjectsDrainage ProjectsIndex Index Index Unissued Debt ScheduleUnissued Debt ScheduleDesign & ConstructionDescription Codes - Other SourcesPage 144Item 19. Funding SourcesTotal Other Issued Debt Unissued Debt Unissued DebtPrior Years 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 2024-2029 Cost Sources Authorized Authorized Unauthorized 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 2024-202999,643,607 27,785,440 447,575,964 23,539,000 11,561,000 262,975,000 283,391,000 1,156,471,011 859,586,404 35,541,041 0 261,343,566 17,880,000 12,287,000 8,553,696 7,971,070 6,161,000 475,000 225,896,00029,203,247 4,334,040 6,685,000 16,185,000 14,500,000 0 15,000,000 85,907,287 20,975,778 17,561,508 0 47,370,000 4,627,811 0 685,000 11,585,000 5,600,000 14,500,000 15,000,000128,846,854 32,119,480 454,260,964 39,724,000 26,061,000 262,975,000298,391,000 1,242,378,298 880,562,181 53,102,549 0 308,713,566 22,507,811 12,287,000 9,238,696 19,556,070 11,761,000 14,975,000 240,896,000Design12,711,938 3,192,500 964,000 2,070,000 1,566,000 0 11,710,000 32,214,438Construction59,182,292 15,290,410 38,786,964 37,354,000 14,495,000 475,000 187,385,000 352,968,666Design & Construction51,761,124 13,186,570 413,125,000 300,000 10,000,000 262,500,000 88,396,000 839,268,694Land/Easements5,191,500 800,000 1,385,000 0 0 0 10,900,000 18,276,500 Enterprise Funds Capital Improvement Program SummarySummary of Capital Improvement Program - 09/10 FINALCapital Improvement Program Summary General Fund Grand Total Capital Improvement Program Page 145Item 19. Page 1 of 3 To: Mayor and Town Council From: Kelly Neal, CGFO, CPM, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 10, 2019 Agenda Item: Consider and act upon an ordinance amending various Town Fees; amending Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances by amending Section 1, “Construction Permits and Fees,” by adding a new subsection (c), “Third Party Geotechnical and Material Testing Fees,” and a new subsection (d), “Camera Inspection Fee for Wastewater Mains”; amending subsection (2), “Other Fees,” of Section V, “Development Fees,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances by adding thereto a new subpart (I), “Engineering Plan Review Fees”; repealing existing Section IX, ”Water and Sewer Rates,” and replacing it with a new section IX, “Water and Sewer Rates.” Description of Agenda Item: This ordinance adds four new fees and amends the Town’s water and sewer fees. Each fee is presented individually below: Third Party Geotechnical and Material Testing Fees: At the July 9, 2019, Town Council meeting, staff proposed requiring that all geotechnical and material testing services required with development be managed by the Town. Currently, developers are allowed to hire their own geotechnical and material testing company to provide those services and submit the reports to the Town for review. This proposed change will allow the Town to hire and manage third-party geotechnical and material testing companies to provide more consistent and reliable testing, as well as mitigate any potential conflict of interest issues between the developer and geotechnical and material testing company. The total costs for the services will be charged to the developer and collected by the Town. Camera Inspection Fee for Wastewater Mains: Currently, the developers pay a contractor to provide camera inspections of the wastewater mains before the Town’s final acceptance of the mains. Staff then reviews the recorded videos of these inspections but is unable to verify on-site if these are the actual lines represented in the tapes. There could be cases where the Town is not provided accurate information that may not be known until a problem occurs. In the FY 2019- 2020 Budget, the request for an additional camera inspection equipment will allow the Town to begin inspecting the wastewater mains in-house to identify defects in sewer mains caused by improper installation on the spot. The cost for the service will be charged to the developer and Prosper is a place where everyone matters. FINANCE Page 146 Item 20. Page 2 of 3 collected by the Town. The proposed camera inspection fee is $1 per linear feet of wastewater main. Engineering Plan Review Fees: At the July 9, 2019, Town Council meeting, staff discussed adoption of an engineering plan review fee to offset the cost associated with the electronic plan review software requested in the FY 2019-2020 Budget. The proposed engineering plan review fee is $150 per project. With the adoption of this fees, hard copy engineering plans will no longer be required. This savings to the applicant should offset this new fee. Water and Sewer Rates: The enterprise fund for the Town’s Water and Sewer Utility is intended to be self-sufficient by charging its consumers the costs of its services. No change in rates is recommended for residential customers for FY 2019-2020. The only recommended rate adjustment for FY 2019-2020 is to bring commercial water base changes into alignment with the residential water base charges. Staff presented these recommendations at the July 9, 2019, Budget Work Session, and at the August 27, 2019, and September 5, 2019, Town Council meetings. For an average residential consumer who uses 10,000 gallons of water and 5,000 gallons of sewer per month, the total bill would remain at the current rate for a total of $116.95 per month. For a commercial customer who uses 20,000 gallons of water and 20,000 gallons of sewer per month, the bill would increase $4.95 effective October 1, 2019. Inflow and Infiltration Fee Schedule: Due to large inflow during rain events, the Town of Prosper is in need of a Wastewater Inflow Prevention (WIP) Plan. The measures included in the WIP Plan are intended to provide non-domestic users of the wastewater collection system standards, education and guidelines for reduction of inflow to protect the public wastewater system of the Town of Prosper. During construction, all connections to live collection lines shall be protected from inflow. Proper construction practices and materials shall be utilized and maintained to eliminate inflow during construction. Residential and commercial builders are not exempt. All plumbing roughs are required to any necessary device to prevent inflow. Investigation of inflow conditions, inspections of construction, and enforcement of these standards will apply at all times during construction. The administrative fees for offenses under the Wastewater Inflow Prevention Plan are as follows: Non-plugged wastewater lines and manholes under construction receiving inflow: First offense $ 500 per connection per day Second offense $ 750 per connection per day Third offense and subsequent $1,000 per connection per day Wastewater services plumbing open: First offense $ 250 per connection per day Second offense $ 400 per connection per day Third offense and subsequent $ 500 per connection per day Wastewater services open/broken: First offense $ 100 per connection per day Second offense and subsequent $ 200 per connection per day Offenses will be reset January of even numbered years. Page 147 Item 20. Page 3 of 3 Budget Impact: The rates and fees listed in the ordinance were used in calculating the proposed FY 2019-2020 budget. Attached Documents: 1. Ordinance 2. Water and Sewer rate sheets by customer type Town Staff Recommendation: Town staff recommends approval of an ordinance amending various Town Fees; amending Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances by amending Section 1, “Construction Permits and Fees,” by adding a new subsection (c), “Third Party Geotechnical and Material Testing Fees,” and a new subsection (d), “Camera Inspection Fee for Wastewater Mains”; amending subsection (2), “Other Fees,” of Section V, “Development Fees,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances by adding thereto a new subpart (I), “Engineering Plan Review Fees”; repealing existing Section IX, ”Water and Sewer Rates,” and replacing it with a new section IX, “Water and Sewer Rates”. Proposed Motion: I move to approve an ordinance amending various Town Fees; amending Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances by amending Section 1, “Construction Permits and Fees,” by adding a new subsection (c), “Third Party Geotechnical and Material Testing Fees,” and a new subsection (d), “Camera Inspection Fee for Wastewater Mains”; amending subsection (2), “Other Fees,” of Section V, “Development Fees,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances by adding thereto a new subpart (I), “Engineering Plan Review Fees”; repealing existing Section IX, ”Water and Sewer Rates,” and replacing it with a new section IX, “Water and Sewer Rates”. Page 148 Item 20. TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING APPENDIX A, “FEE SCHEDULE,” TO THE TOWN’S CODE OF ORDINANCES BY AMENDING SECTION 1, “CONSTRUCTION PERMITS AND FEES,” BY ADDING THERETO A NEW SUBSECTION (c), “THIRD PARTY GEOTECHNICAL AND MATERIAL TESTING FEES,” AND A NEW SUBSECTION (d), “CAMERA INSPECTION FEE FOR WASTEWATER MAINS”; AMENDING SUBSECTION (2), “OTHER FEES,” OF SECTION V, “DEVELOPMENT FEES,” OF APPENDIX A, “FEE SCHEDULE,” TO THE TOWN’S CODE OF ORDINANCES BY ADDING THERETO A NEW SUBPART (I), “ENGINEERING PLAN REVIEW FEES”; REPEALING EXISTING SECTION IX, “WATER AND SEWER RATES,” AND REPLACING IT WITH A NEW SECTION IX, “WATER AND SEWER RATES”; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has investigated and determined that the various fees imposed by the Town should be revised; and WHEREAS, the Town Council has reviewed the current and proposed fees and recommends the adoption of revised fees in the Code of Ordinances as well as in Appendix A to the Code of Ordinances; and WHEREAS, the Town Council hereby finds and determines that it will be advantageous, beneficial and in the best interests of the citizens of the Town to revise certain existing fees imposed by the Town and replace them with fees that reflect actual and reasonable costs, as hereinafter referenced. 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, existing Section I, “Construction Permits and Fees,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances is hereby amended by adding thereto a new Subsection (c), “Third Party Geotechnical and Material Testing Fees,” and a new Subsection (d), “Camera Inspection Fee for W astewater Mains,” to read as follows: “Sec. I Construction Permits and Fees * * * (c) Third Party Geotechnical and Material Testing Fee: The Town shall hire and manage third-party geotechnical and material testing companies for any project where Page 149 Item 20. Ordinance No. 19-_, Page 2 such testing is deemed necessary and proper by the Town. The Town shall be reimbursed by the developer for the Town’s actual costs for such geotechnical and material testing. (d) Camera Inspection Fee for Wastewater Mains. Prior to Town acceptance of any wastewater main, the Town shall inspect the wastewater main by camera. The fee for such inspection shall be $1.00 per linear foot of wastewater main.” SECTION 2 From and after the effective date of this Ordinance, existing Subsection (2), “Other Fees,” of Section V, “Development Fees,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances is hereby amended by adding thereto a new Subpart (I), “Engineering Plan Review Fees,” to read as follows: “Sec. V Development Fees * * * (2) Other Fees. * * * (I) Engineering Plan Review Fee: $150.00 per project.” SECTION 3 From and after the effective date of this Ordinance, existing Section IX, “Water and Sewer Rates,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances is hereby repealed in its entirety and replaced with a new Section IX, to read as follows: “Sec. IX Water and Sewer Rates Please refer to chapter 13 utilities, article 13.07 utility bills, for additional information on the town’s utility billing policies. (1) Late fees. (A) All utility bill payments are due by the 10th day from the date of the bill except when the tenth day falls on Saturday, Sunday or legal holiday under which condition they are due by 5:00 p.m. central time on the next working day. (B) All payments made after the tenth (10th) day will bear a late fee, as set forth as follows, of the unpaid balance of the billed amount. (2) Water and/or sewer connections. The town may extend water and sanitary sewer mains in the streets, alleys and utility easements in the town in order to permit connections for those persons desiring water and sewer service. The individual, corporation or partnership requesting the service shall pay the town an amount equal to the cost of all materials, labor, equipment and other costs to provide the requested Page 150 Item 20. Ordinance No. 19-_, Page 3 extension. At any time additional connections are made to the water and/or sewer mains, the town may collect from the individual connecting to the main(s) an amount equal to the proportional amount of footage of the connector’s land abutting the sewer and/or water and repay the same to the original requestor(s) of service or designated recipients. (3) Residential service rates. (A) Residential water service rates: Meter Size Minimum Service Charge (Effective October 1, 2019) 3/4” or smaller $12.75 1” $21.25 1-1/2” $42.50 2” $67.95 3” $127.35 4” $212.25 6” $424.35 Volumetric Charge Rate per 1,000 Gallons (Effective October 1, 2019) 0–10,000 gallons $4.28 10,001–40,000 gallons $6.41 40,001–80,000 gallons $9.63 80,001+ gallons $14.44 (B) Residential wastewater service rates: (i) All residential accounts, effective October 1, 2019, minimum service charge: $28.40. (ii) Volumetric charge: effective October 1, 2019, $4.90 per 1,000 gallons. Page 151 Item 20. Ordinance No. 19-_, Page 4 (iii) Wastewater volumetric charges on residential accounts are billed on the winter average consumption during the months of December, January and February. (C) Additional residential service charges: (i) Service initiation: $65.00. (ii) Transfer fees: $20.00. (iii) Meter accuracy rereads: $15.00. (iv) Late fees: $10% of billed amount. (v) Turn offs/reconnects: a. During normal office hours: $50.00. b. After normal office hours: $75.00. (D) Multifamily dwellings, townhomes and other multitenant accounts served by one master meter will be billed a minimum water charge per unit equal to the 3/4” residential base rate and the minimum service charge for wastewater. The residential volumetric charges will apply as normally scheduled on all master meter consumption for both water and wastewater services, except that winter averaging will not be applied to multifamily dwellings served by one master meter. (E) Out of town rates are the same as in town rates for water and wastewater. (F) Senior citizen water credit and storm drainage credit: Refer to chapter 13 utilities, section 13.07.008, senior affordability discount and penalty exemption. (4) Commercial and temporary hydrant meter service rates. (A) Commercial water service rates. Meter Size Minimum Service Charge (Effective October 1, 2019) ¾” or smaller $12.75 1” $21.25 1-1/2” $42.50 2” $67.95 Page 152 Item 20. Ordinance No. 19-_, Page 5 3” $127.35 4” $212.25 6” $424.35 Volumetric Charge Rate per 1,000 Gallons (Effective October 1, 2019) 0–10,000 gallons $4.61 10,001–40,000 gallons $5.77 40,001–80,000 gallons $7.20 80,001+ $9.01 (B) Commercial wastewater service rates: (i) All commercial accounts: effective October 1, 2019, minimum service $32.60. (ii) Volumetric charge: effective October 1, 2019, $5.92 per 1,000 gallons. (C) Additional commercial service charges: (i) Service initiation: $75.00. (ii) Transfer fees: $20.00. (iii) Meter accuracy rereads: $15.00. (iv) Late fees: $10% of billed amount. (v) Turn offs/reconnects: a. During normal office hours: $50.00. b. After normal office hours: $75.00. (D) Out of town rates are the same as in town rates for water and wastewater. (5) Irrigation service rates. (A) Irrigation water service rates: Page 153 Item 20. Ordinance No. 19-_, Page 6 Meter Size Minimum Service Charge (Effective October 1, 2019) 3/4” or smaller $4.70 1” $7.75 1-1/2” $15.45 2” $24.65 3” $46.20 4” $76.95 6” $153.90 Volumetric Charge Rate per 1,000 Gallons (Effective October 1, 2019) 0–10,000 gallons $6.46 10,001–40,000 gallons $7.42 40,001–80,000 gallons $8.53 80,001+ $9.81 (B) Irrigation wastewater service rates: Irrigation accounts are not billed for wastewater services. Irrigation accounts are strictly for meters and water service dedicated solely to furnish water service to lawn sprinkler or irrigation systems, and do not directly receive wastewater services. (C) Additional irrigation service charges: (i) Service initiation: $75.00 commercial/$65.00 residential. (ii) Transfer fees: $20.00. (iii) Meter accuracy rereads: $15.00. (iv) Late fees: 10% of billed amount. (v) Turn offs/reconnects: Page 154 Item 20. Ordinance No. 19-_, Page 7 a. During normal office hours: $50.00. b. After normal office hours: $75.00. (D) Out of town rates are the same as in town rates for water. (6) Wastewater Inflow Prevention Plan and Enforcement Fees (A) Administrative Fees. (1) Non-plugged wastewater lines and manholes under construction receiving inflow: First offense $ 500 per connection per day Second offense $ 750 per connection per day Third offense and subsequent $1,000 per connection per day (2) Wastewater services plumbing open: First offense $ 250 per connection per day Second offense $ 400 per connection per day Third offense and subsequent $ 500 per connection per day (3) Wastewater services open/broken: First offense $ 100 per connection per day Second offense and subsequent $ 200 per connection per day (B) Offenses will be reset January of even numbered years. (C) Contesting Violations. A customer may request a hearing before a hearing officer(s) appointed by the Executive Director of Development and Infrastructure Services within fifteen (15) business days after the date on the Notice. The decision by the Executive Director of Development and Infrastructure Services is final and binding. (D) Unpaid assessed administrative fees related to violations of wastewater under the Town Plan shall incur late payment penalties and may result in termination of work.” SECTION 4 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 5 Page 155 Item 20. Ordinance No. 19-_, Page 8 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 6 This Ordinance shall become effective on October 1, 2019, and be in full force from and after its passage and publication, as provided by the Revised Civil Statues of the State of Texas and the Home Rule Charter of the Town of Prosper, Texas. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF SEPTEMBER, 2019. APPROVED: ________________________________ Ray Smith, Mayor ATTEST: ___________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: __________________________________ Terrence S. Welch, Town Attorney Page 156 Item 20. Exhibit “A” Town of Prosper Water and Sewer Rates Effective First Full Billing Cycle Follow ing October 1, 2019 Residential Water Service Rates Meter Size Current Minimum Service Charge Proposed FY 2020 Minimum Service Charge ¾” or Smaller $ 12.75 $ 12.75 1” $ 21.25 $ 21.25 1 ½” $ 42.50 $ 42.50 2” $ 67.95 $ 67.95 3” $127.35 $127.35 4” $212.25 $212.25 6” $424.35 $424.35 Volumetric Charges Current Rate per 1,000 Gallons Proposed FY 2020 Rate per 1,000 Gallons 0 - 10,000 Gallons $ 4.28 $ 4.28 10,001 - 40,000 Gallons $ 6.41 $ 6.41 40,001 – 80,000 Gallons $ 9.63 $ 9.63 80,001 - Plus $14.44 $14.44 Residential Sewer Service Rates Current Minimum Service Charge Proposed FY 2020 Minimum Service Charge $ 28.40 $ 28.40 Current Rate per 1,000 Gallons Proposed FY20 Rate per 1,000 Gallons $ 4.90 $ 4.90 Commercial and Temp Hydrant Meter Water Service Rates Meter Size Current Minimum Service Charge Proposed FY 2020 Minimum Service Charge ¾” or Smaller $ 9.80 $ 12.75 1” $ 16.30 $ 21.25 1 ½” $ 32.60 $ 42.50 2” $ 52.10 $ 67.95 3” $ 97.70 $127.35 4” $162.80 $212.25 6” $325.65 $424.35 Page 157 Item 20. Volumetric Charges Current Rate per 1,000 Gallons Proposed FY 2020 Rate per 1,000 Gallons 0 - 10,000 Gallons $ 4.61 $ 4.61 10,001 - 40,000 Gallons $ 5.77 $ 5.77 40,001 – 80,000 Gallons $ 7.20 $ 7.20 80,001 - Plus $ 9.01 $ 9.01 Commercial Sewer Service Rates Current Minimum Service Charge Proposed FY 2020 Minimum Service Charge $ 32.60 $ 32.60 Current Rate per 1,000 Gallons Proposed FY20 Rate per 1,000 Gallons $ 5.92 $ 5.92 Irrigation Water Service Rates Meter Size Current Minimum Service Charge Proposed FY 2020 Minimum Service Charge ¾” or Smaller $ 4.70 $ 4.70 1” $ 7.75 $ 7.75 1 ½” $ 15.45 $ 15.45 2” $ 24.65 $ 24.65 3” $ 46.20 $ 46.20 4” $ 76.95 $ 76.95 6” $153.90 $153.90 Volumetric Charges Current Rate per 1,000 Gallons Proposed FY 2020 Rate per 1,000 Gallons 0 - 10,000 Gallons $ 6.46 $ 6.46 10,001 - 40,000 Gallons $ 7.42 $ 7.42 40,001 – 80,000 Gallons $ 8.53 $ 8.53 80,001 - Plus $ 9.81 $ 9.81 Out of Town rates are the same as In Town rates for water and wastewater. If the amount due on the 10th day of the month after the billing cycle is not paid in full, a ten percent (10%) penalty of the most current balance shall be added to the account. Temp Hydrant and Irrigation meters are not charged for wastewater. Service is dedicated solely to furnish water service temporarily to a location or to furnish water service to lawn sprinkler or irrigation systems. Page 158 Item 20. Page 1 of 1 To: Mayor and Town Council From: Dudley Raymond, Director of Parks and Recreation Through: Harlan Jefferson, Town Manager Chuck Springer, Executive Director of Administrative Services Re: Town Council Meeting – September 10, 2019 Agenda Item: Discussion on the Downtown Open Space. Description of Agenda Item: At the February 26th Town Council Meeting, an agreement with Kimley-Horn and Associates Inc. was approved related to the Town Hall Open Space Enhancement Phase 2. A portion of the scope of work was to evaluate the Down Town Area and assess the long term open space opportunities and needs. Kimley-Horn has met with Town Staff to discuss opportunities in this area and developed two different scenarios for Town Councils review and input. Based on direction received at the meeting, the next step will be to make revisions and come back in the future to present the final concept to Council. Once the programming for the larger area is known, a more detailed program of the open space lot on the southside of Town Hall will be developed. Town Staff Recommendation: Town staff recommends that the Town Council discuss and provide direction on the proposed scenarios regards to the Downtown Open Space. Prosper is a place where everyone matters. PARKS & RECREATION Page 159 Item 21.