09.26.23 Town Council Regular Meeting PacketPage 1 of 5
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Welcome to the Prosper Town Council Meeting.
Citizens may watch the meeting live by using the following link: www.prospertx.gov/livemeetings
Addressing the Town Council:
Those wishing to address the Town Council must complete the Public Comment Request Form
located on the Town's website or in the Council Chambers.
If you are attending in person, please submit this form to the Town Secretary or the person
recording the minutes for the Board/Commission prior to the meeting. When called upon, please
come to the podium, and state your name and address for the record.
If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on
the day of the meeting in order for your comments to be read into the record. The Town assum es
no responsibility for technical issues beyond our control.
In compliance with the Texas Open Meetings Act, the Town Council/Board/Commission may not
deliberate or vote on any matter that does not appear on the agenda. The
Council/Board/Commission, however, may provide statements of fact regarding the topic, request
the topic be included as part of a future meeting, and/or refer the topic to Town staff for further
assistance.
Citizens and other visitors attending Town Council meetings shall observe the same rules of
propriety, decorum, and good conduct applicable to members of the Town Council. Any person
making personal, impertinent, profane or slanderous remarks or who becomes boisterous while
addressing the Town Council or while attending the meeting shall be removed from the room, if so
directed by the Mayor or presiding officer, and the person shall be barred from further audience
before the Town Council during that session. Disruption of a public meeting could constitute a
violation of Section 42.05 of the Texas Penal Code.
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 Prosper Police and Fire Departments
declaring October 3, 2023, as National Night Out. (MLS)
2. Presentation of a Proclamation to members of the Prosper Fire Rescue declaring the
month of October 2023 as Fire Prevention month. (MLS)
3. Presentation of a Proclamation declaring the month of October 2023 as National Breast
Cancer Awareness month. (MLS)
Agenda
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, September 26, 2023
6:15 PM
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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 September 12, 2023, Town Council Work
Session meeting. (MLS)
5. Consider and act upon the minutes from the September 12, 2023, Town Council Regular
meeting. (MLS)
6. Consider acceptance of the July 2023 monthly financial report. (CL)
7. Consider and act upon purchasing a sanitary sewer easement at 302 N Parvin Street
from property owner, David Maya; and authorize the Town Manager to execute
documents for same. (FJ)
8. Consider and act upon an amendment to the Town’s Interlocal Agreements with Collin
County for facility construction, use of an animal shelter, and animal control services for
the 2024 fiscal year. (DH)
9. Consider and act upon approving a Services Agreement with Gray Reed Advisory
Services, LLC, d/b/a GRPR, for Strategic Communications Planning and Crisis
Communications Services, and authorize the Town Manager to execute the same. (RB)
10. Consider and act upon an ordinance to rezone 73.4± acres from Agriculture (A), a
portion of Planned Development-40 (PD-40), and a portion of Single Family-12.5 (SF-
12.5) to Planned Development-Single Family (PD-SF), generally to allow for a residential
development, located on the southeast corner of Prosper Trail and Teel Parkway. (Z21-
0010) (DH)
11. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between Prosper 100 LP, Prosper Hills LLC, and the Town of Prosper
relative to Prosper Hills, as described in Planned Development-123 (PD-123).
(DEVAGREE-23-0012) (DH)
12. Consider and act upon authorizing the Town Manager to execute a Water Impact Fees
Reimbursement Agreement between PPP 100 DEV LLC, PROSPER HILLS LP,
PROSPER MEADOWS LP, and the Town of Prosper, Texas, related to the extension of
water lines to serve the Park Place, Prosper Hills, and Prosper Meadows developments.
(HW)
13. Consider and act upon authorizing the Town Manager to execute a Thoroughfare Impact
Fees Reimbursement Agreement between PPP 100 DEV LLC, PROSPER HILLS LP,
PROSPER MEADOWS LP, and the Town of Prosper, Texas, related to the construction
of Teel Parkway, Prosper Trail, and Legacy Drive to serve the Park Place, Prosper Hills,
and Prosper Meadows developments. (HW)
14. Consider and act upon authorizing the Town Manager to execute a Wastewater Impact
Fees Reimbursement Agreement between PPP 100 DEV LLC, PROSPER HILLS LP,
and the Town of Prosper, Texas, related to the extension of a wastewater line to serve
the Park Place and Prosper Hills developments. (HW)
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15. Consider and act upon authorizing the Mayor to execute an Amendment to Ultimate
Boundary Line Agreement between the City of McKinney, Texas, and the Town of
Prosper, Texas, related to the maintenance of improvements along Christie Farms
Boulevard in the City of McKinney to serve the Christie Farms development. (HW)
16. Consider and act upon an ordinance amending the Town’s Subdivision Ordinance by
amending Subpart (1) of Section (D), “Plat Required,” of Section 10.03.004,
“Applicability,” to Comply with Revised Language contained in House Bill No. 3699;
amending Subsection (B) of Section 10.03.034, “Director of Development Services,”
relative to Authorizing the Director of Development Services to Approve or Deny Plats;
amending Section 10.03.063, “30-day Time Frame for Plat Approvals,” to Reflect that
the Right to 30-day Action for Plat Applications Begins on the Filing Date and One or
More 30-day Extensions shall be authorized; adding a Definition of “Filing Date,”
amending the Definitions of “Approval” and “Plat,” and repealing the definitions of
“Administratively Complete” and “Official Submission Date,” contained in Section
10.03.192, “Words and Terms Defined”; providing that the phrase “Official Submission
Date” shall be replaced with the phrase "Filing Date” in Sections 10.03.084(f)(2) and
10.03.085(h)(2). (TW)
17. Conduct a public hearing to consider and act upon an ordinance Amending Chapter 1,
“General Provisions, Administration and Procedures,” of the Town’s Zoning Ordinance,
by Amending Subpart (E) of Subsection 7.11, “Amortization of Nonconforming Uses or
Structures,” of Section 7, “Nonconforming Uses and Structures,” by Providing for
Amortization Procedures consistent with Senate Bill 929, and Subpart (A), “Zoning
Changes,” of Subsection 8.2, “Public Hearing and Notice,” of Section 8, “Changes and
Amendments to all Zoning Ordinances and Districts and Administrative Procedures,” by
Providing for Notices relative to a Change in a Zoning Regulation that Could Result in a
Nonconforming Use, Consistent with Senate Bill 929. (TW)
18. Consider and act upon whether to direct staff to submit a written notice of appeals 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 Plans including Prosper
Business Park. (DH)
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 Comment Request
Form” and present it to the Town Secretary prior to the meeting. Please limit your comments to
three minutes. If multiple individuals wish to speak on a topic, they may yield their three minutes to
one individual appointed to speak on their behalf. All individuals yielding their time must be present
at the meeting, and the appointed individual will be limited to a total of 15 minutes.
REGULAR AGENDA:
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. [If
you wish to address the Council, please fill out a “Public Comment Request Form” and present it to
the Town Secretary, preferably before the meeting begins.]
Items for Individual Consideration:
19. Conduct a public hearing and consider and act upon a request to rezone 0.2± acres from
Single Family-15 (SF-15) to Downtown Retail (DTR), for Mitchell Addition, Block 3, Lot
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3D, located on the southwest corner of West Seventh Street and North Coleman Road.
(ZONE-23-0016) (DH)
20. Consider and act upon a resolution establishing loan terms between the Utility Fund and
the Solid Waste Fund for financing the purchase of solid waste and recycling carts.
(RBS)
21. Receive an update on the Lakewood Preserve Park project. (DB)
22. Consider and act upon Contract Amendment #1 to a Professional Services Agreement
with Dunaway Associates, LLC, for additional design services related to the
development of Raymond Community Park. (DB)
23. Consider and act upon an agreement with Nancy Lieberman Charities (NLC) for the
installation of a Dream Court at Tanner's Mill Park and authorize the Town Manager to
execute the same. (DB)
24. Discuss and consider Town Council Subcommittee reports. (DFB)
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
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 and all
matters incident and related thereto.
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 and consider personnel matters 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, Planning & Zoning Commission, and the Community
Engagement Committee, and all matters incident and related thereto.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper
Town Hall, located at 250 W. First 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 22, 2023, and remained so posted at least 72 hours before said meeting was
convened.
________________________________ _________________________
Michelle Lewis Sirianni, Town Secretary Date Notice Removed
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Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited
to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with
approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair
accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 -1011
at least 48 hours prior to the meeting time.
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Call to Order/ Roll Call.
The meeting was called to order at 5:05 p.m.
Council Members Present:
Mayor David F. Bristol
Councilmember Amy Bartley
Councilmember Chris Kern
Councilmember Charles Cotten
Council Members Absent:
Mayor Pro-Tem Craig Andres
Deputy Mayor Pro-Tem Marcus E. Ray
Councilmember Jeff Hodges
Staff Members Present:
Mario Canizares, Town Manager
Michelle Lewis Sirianni, Town Secretary
Terry Welch, Town Attorney
Bob Scott, Deputy Town Manager
Chuck Ewings, Assistant Town Manager
Robyn Battle, Executive Director
Hulon Webb, Engineering Director
Dan Heischman, Assistant Director of Engineering Services
David Hoover, Development Services Director
Frank Jaromin, Director of Public Works
Tristan Cisco, Environmental Coordinator
Travis Kvaal, Senior Backflow Inspector
Stuart Blasingame, Fire Chief
Items for Individual Consideration
1. Discuss an update to the Backflow Prevention Ordinance. (FJ)
Mr. Jaromin stated that the suggested updates to the ordinance include the
changes to TCEQ regulations, recent updates that were made to the Town’s
Irrigation Ordinance and clarifies differences between Customer Service
Inspections performed by the Town versus a third party for private well customers.
It was noted that the backflow addresses commercial customers.
No further questions and/or comments were made.
2. Discuss an update to the Fats, Oil, and Grease (FOG) Outreach Plan
Ordinance. (FJ)
Ms. Cisco presented noting the items that are being removed from the ordinance,
and the updates which reflect the reference to the most recently adopted 2021
MINUTES
Prosper Town Council Work Session
Prosper Town Hall – Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, September 12, 2023
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Item 4.
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International Plumbing Code (IPC), and grease traps/interceptors information. Ms.
Cisco added that grease traps are currently inspected quarterly with approximately
150 grease traps within the Town.
No further questions and/or comments were made.
3. Discuss amendments to the Master Fee Schedule. (DHeischman)
Mr. Heischman stated these amendments are a result of recent HB 3492 passed in
the legislative session. The changes relate to the authority of municipalities to
impose certain value-based fees and require disclosure of certain information
related to subdivision construction. Mr. Heischman reviewed what the Town
currently charges versus what is proposed based on new legislation, as well as a
residential and commercial comparison of collected fees based on changes. Mr.
Heischman noted that the Town will reevaluate the changes and come back in six
to nine months with any requested changes.
The Town Council noted their concerns of the impact this may have on a smaller
developer/development.
Adjourn.
The meeting was adjourned at 5:23 p.m.
These minutes were approved on the 26th day of September 2023.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 4.
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Call to Order/ Roll Call.
The meeting was called to order at 6:22 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro-Tem Craig Andres
Deputy Mayor Pro-Tem Marcus E. Ray
Councilmember Amy Bartley
Councilmember Chris Kern
Councilmember Charles Cotton
Council Members Absent:
Councilmember Jeff Hodges
Staff Members Present:
Mario Canizares, Town Manager
Michelle Lewis Sirianni, Town Secretary
Terry Welch, Town Attorney
Bob Scott, Deputy Town Manager
Chuck Ewings, Assistant Town Manager
Robyn Battle, Executive Director
Mary Ann Moon, Economic Development Director
David Hoover, Development Services Director
Hulon Webb, Director of Engineering
Dan Heischman, Assistant Director of Engineering Services
Pete Anaya, Assistant Director of Engineering Services
Chris Landrum, Finance Director
Whitney Rehm, Grants Administrator
Frank Jaromin, Director of Public Works
Leigh Johnson, IT Director
James Edwards, Human Resources Director
Todd Rice, Communications Manager
Kellen Land, Help Desk Technician
Doug Kowalski, Police Chief
Scott Brewer, Assistant Police Chief
Stuart Blasingame, Fire Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Jason McConnell with Prosper United Method Church led the invocation. The Pledge of
Allegiance and the Pledge to the Texas Flag were recited.
An nouncements of recent and upcoming events.
Councilmember Kern made the following announcements:
Thank you to all those who attended Paws on Broadway this past Saturday. A special thanks to
the staff and volunteers for their hard work on such a fun event.
MINUTES
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, September 12, 2023
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Item 5.
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Thank you to everyone who attended the annual 9/11 remembrance ceremony held by the
Prosper Fire Rescue yesterday. It was a very special remembrance ceremony and memorial
honoring those we lost and that were affected by this tragic day.
A new resident mixer is being held by the Town for those who have moved to Prosper in the last
six months on Thursday, September 28 from 4:00 to 7:00 p.m. on the south lawn of Town Hall.
Residents will get an opportunity to meet staff and their neighbors. There will be entertainment
for the kids and refreshments for the family.
National Night Out will be held on Tuesday, October 3 from 6 pm-9 pm. Prosper PD, Prosper ISD
PD, Prosper Fire Rescue, and First Responder Volunteers will be driving to neighborhoods that
want to participate. Sign up today by visiting www.prospertx.gov/nationalnightout.
Join us for “Celebrate Prosper” on Saturday, October 7 at Frontier Park. Come relax outdoors
and enjoy entertainment, food and fun with neighbors and friends. This is a free event presented
by the Parks and Recreation Department with the support of Sponsors and community partners.
For more information, visit the Special Events page under the Parks and Recreation Department.
Registration is now open for the annual Prosper Veterans Day 5K & Fun Run. This event held on
Saturday, November 11 is a salute to the men and women who have served in our nation’s
military. All proceeds benefit the Prosper Veterans Memorial at Frontier Park. Register today by
visiting prospertx.gov/veteransday5k.
Mayor Bristol thanked the team who put on Freedom Fest for making it an outstanding success.
Presentations.
1. Presentation of THRIVES coins to members of the Engineering Department for
outstanding performance. (DFB)
Mayor Bristol presented a THRIVES coin(s) to members of the Engineering, Public
Works, and the Communications Department for their recent efforts in assuring the
First Street Road project was complete prior to the opening of the new high school.
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 at the request of Council Members or staff.
2. Consider and act upon the minutes from the August 22, 2023, Town Council
Regular meeting. (MLS)
3. Consider and act upon the minutes from the August 29, 2023, Town Council
Special meeting. (MLS)
4. Consider acceptance of the April, May, and June 2023 monthly financial reports.
(CL)
5. Consider and act upon adopting the FY 2023-2024 Prosper Economic
Development Corporation Budget. (MM)
6. Consider and act upon adopting Ordinance 2023-59 repealing existing Section
I, “Construction Permits and Fees,” and Section II, “Reserved,” contained in
Appendix A, “Fee Schedule,” of the Town’s Code of Ordinances and replacing
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Item 5.
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them with a new Section I, “Engineering Inspection Fees,” and a new Section II,
“Building Permits/Inspection Fees”. (DHeischman)
7. Consider and act upon a Façade Plan for a Restaurant, on 1.7± acres, located
south of Lovers Lane and west of South Preston Road. The property is zoned
Planned Development-67 (PD-67) Gates of Prosper. (DEVAPP-23-0129) (DH)
8. Consider and act upon whether to direct staff to submit a written notice of
appeals 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 Plans including Prestonwood Baptist Church and Outback Steakhouse.
(DH)
Mayor Pro-Tem Andres made a motion to approve items 2 through 8. Councilmember
Cotten seconded that motion. Motion carried with a 6-0 vote.
CITIZEN COMMENTS
No comments were made.
Items for Individual Consideration:
9. Conduct a public hearing to receive public input, consider such input, and
consider and act upon Ordinance 2023-60 adopting the Fiscal Year (FY) 2023-
2024 Annual Operating and Capital Project Funds budgets and five-year Capital
Improvement Program for the fiscal year beginning October 1, 2023, and ending
September 30, 2024. (RBS/CL)
Mr. Scott provided a recap of the proposed budget highlighting operating funds, capital
projects, revenue sources within the General Fund, and personnel and compensation
changes. Mr. Webb outlined capital dedicated projects and construction projects for
the proposed upcoming budget year based on the Capital Improvement Subcommittee
recommendations.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
The Town Council discussed reducing debt and monies within the Capital Dedicated
Fund in order to reduce the tax rate, as well as opportunities to plan ahead and
prioritize future needs.
The Town Council took a brief recess at 7:27 p.m.
The Town Council reconvened back into regular session at 7:38 p.m.
The Town Council had further discussions on the proposed budget and means by
which the tax rate could be reduced.
Councilmember Kern made a motion to accept the proposed 2023-2024 budget except
to reallocate capital monies back into the capital dedicated fund (Interim Community
Center) so that those funds are put towards the retirement of debt in 2024. Deputy
Mayor Pro-Tem Ray seconded that motion.
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Item 5.
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After further discussion, Councilmember Kern withdrew his motion and Deputy Mayor
Pro-Tem Ray withdrew his second.
Councilmember Cotten made a motion to approve Ordinance 2023-60 adopting the
Fiscal Year (FY) 2023-2024 Annual Operating and Capital Project Funds budgets and
five-year Capital Improvement Program for the fiscal year beginning October 1, 2023,
and ending September 30, 2024. Councilmember Bartley seconded that motion.
Councilmember Bartley – In Favor
Councilmember Kern – In Favor
Mayor Pro-Tem Andres – In Favor
Councilmember Cotten – In Favor
Deputy Mayor Pro-Tem Ray – In Favor
Mayor Bristol – In Favor
Motion carried with a 6-0 roll call vote.
10. Conduct a public hearing to consider and act upon Ordinance 2023-61 adopting
a tax rate of $0.51 per $100 valuation for fiscal year 2023-2024. (CL)
Mr. Scott stated same comments apply.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
Councilmember Cotten made a motion to approve Ordinance 2023-61 adopting the
property tax rate be increased by the adoption of a tax rate of $0.51, which is effectively
a 13.8 percent increase in the tax rate. Deputy Mayor Pro-Tem Ray seconded that
motion.
Councilmember Cotten – In Favor
Deputy Mayor Pro-Tem Ray – In Favor
Mayor Bristol – In Favor
Mayor Pro-Tem Andres – In Favor
Councilmember Kern – In Favor
Councilmember Bartley – In Favor
Motion carried with a 6-0 roll call vote.
11. Ratifying the property tax increase in the budget for fiscal year (FY) 2023-2024.
(CL)
Councilmember Bartley made a motion to ratify the property tax increase in the budget
for fiscal year (FY) 2023-2024. Councilmember Cotten seconded that motion. Motion
carried with a 6-0 vote.
12. Discuss and consider Town Council Subcommittee reports. (DFB)
Mayor Bristol stated the Legislative Subcommittee met and will be continuing monthly
meetings. Mayor Pro-Tem Andres noted that there could be one or two special
sessions in the future.
The CIP Subcommittee also met regarding the upcoming fiscal year projects.
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Item 5.
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Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Deputy Mayor Pro-Tem Ray requested an update regarding the areas of Town that will need new
landscaping and/or plant materials. Councilmember Bartley added she would also like an update
regarding the businesses that need their landscaping fixed.
Councilmember Cotten would like to consider changes to the Sign Ordinance.
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 and all
matters incident and related thereto.
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 and consider personnel matters 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, Planning & Zoning Commission, and the Community
Engagement Committee, and all matters incident and related thereto.
The Town Council recessed into Executive Session at 7:59 p.m.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened into Regular Session at 8:19 p.m.
Mayor Pro-Tem Andres made a motion to approve a Right-of-Way Dedication Agreement and to
ratify the Town Manager’s execution and approval of a Right-Of-Way Dedication Agreement
between the Town of Prosper, Texas and Godwin Investments Ltd. Councilmember Bartley
seconded that motion. Motion carried with a 5-0 vote. Mayor Bristol was not present during the
vote.
Adjourn.
The meeting was adjourned at 8:21 p.m.
These minutes were approved on the 26th day of September 2023.
APPROVED:
David F. Bristol, Mayor
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Item 5.
Page 6 of 6
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 5.
Page 1 of 1
To: Mayor and Town Council
From: Chris Landrum, Finance Director
Through: Mario Canizares, Town Manager
Bob Scott, Deputy Town Manager
Re: July 2023 Monthly Financial Report
Town Council Meeting – September 26, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider acceptance of the July 2023 monthly financial report.
Description of Agenda Item:
The Town Charter requires the submission of monthly financial reports to the Town Council. In
summary, both revenues and expenditures are within the expected ranges and no unexpected
events have occurred that require significant changes in original projections.
The attached monthly financial report for July 2023 was prepared in the old format. This format is
not particularly “user friendly” and staff is looking to reformat the monthly financial reports after the
ERP software conversion.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Monthly Financial Report – July 31, 2023
Town Staff Recommendation:
Town staff recommends Town Council vote to accept submission of the monthly financial report
for the period July 2023 in compliance with the requirements of the Town Charter.
Proposed Motion:
I move to accept the April through June 2023 Monthly Financial Report in compliance with charter
requirements.
FINANCE
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Item 6.
MONTHLY FINANCIAL REPORT
as of July 31, 2023
Cash/Budgetary Basis
Prepared by
Finance Department
September 26, 2023
Page 15
Item 6.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
July 2023
Table of Contents
Dashboard Charts 3 - 4
General Fund 5
Water-Sewer Fund 8
Solid Waste Fund 13
Debt Service Fund 15
Crime Control and Prevention Special Purpose District 16
Fire Control, Prevention, and Emergency Medical Services Special Purpose District 17
Vehicle and Equipment Replacement Fund 18
Storm Drainage Utility Fund 19
Park Dedication and Improvement Fund 20
TIRZ #1 - Blue Star 21
TIRZ #2 22
Water Impact Fees Fund 23
Wastewater Impact Fees Fund 24
Thoroughfare Impact Fees Fund 25
Special Revenue Fund 27
Capital Projects Fund-General 28
Capital Projects Fund-Water/Sewer 30
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Item 6.
0
$- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000
Total Budget
YTD Budget
YTD Actual
Building Permit Revenues
0
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
1,600,000
1,800,000
Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept
Town of Prosper, Texas
Sales Tax Revenue by Month
FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY22/23
3 Page 17
Item 6.
0
6288751.47
$56.072
$46.726
$38.384
$47.585
$39.654
$42.963
$- $10 $20 $30 $40 $50 $60
Total
Budget
YTD
Budget
YTD
Actual
In Millions
General Fund Revenues and Expenditures
Revenues Expenditures
$34.584
$28.820
$21.168
$28.843
$24.036
$23.933
$- $5 $10 $15 $20 $25 $30 $35 $40
Total
Budget
YTD
Budget
YTD
Actual
In Millions
Water -Sewer Fund Revenues and Expenditures
Revenues Expenditures
4 Page 18
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actuals Encumbrances Budget Balance YTD Percent Note YTD Actuals Prior Year
REVENUES
Property Taxes 23,519,547$ -$ 23,519,547$ 23,641,123$ -$ (121,576)$ 101%1 19,012,693$ 24%
Sales Taxes 10,220,208 0 10,220,208 8,233,975 0 1,986,233 81%7,871,249 5%
Franchise Fees 2,404,527 0 2,404,527 2,189,623 0 214,904 91%2 1,423,619 54%
Building Permits 4,781,000 0 4,781,000 3,173,851 0 1,607,149 66%3,669,264 -14%
Other Licenses, Fees & Permits 1,552,430 80,000 1,632,430 1,773,602 0 (141,172) 109%1,842,986 -4%
Charges for Services 1,240,961 0 1,240,961 1,049,078 0 191,883 85%759,200 38%
Fines & Warrants 250,425 0 250,425 330,829 0 (80,404) 132%199,779 66%
Intergovernmental Revenue (Grants)1,525,000 0 1,525,000 143,512 0 1,381,488 9%307,760 -53%
Interest Income 150,000 0 150,000 790,845 0 (640,845) 527%81,438 871%
Transfers In 1,235,335 0 1,235,335 1,038,976 0 196,359 84%922,488 13%
Miscellaneous 116,576 0 116,576 105,700 0 10,876 91%268,037 -61%
Park Fees 509,300 0 509,300 491,922 0 17,378 97%565,048 -13%
Total Revenues 47,505,309$ 80,000$ 47,585,309$ 42,963,037$ -$ 4,622,272$ 90%36,923,561$ 16%
EXPENDITURES
Administration 9,341,007$ 729,900$ 10,070,907$ 6,708,373$ 1,085,066$ 2,277,468$ 77%5,429,065$ 24%
Police 6,635,120 1,111,113 7,746,233 5,608,023 706,846 1,431,365 82%4,789,008 17%
Fire/EMS 9,990,721 35,083 10,025,804 8,107,339 60,042 1,858,424 81%6,597,324 23%
Public Works 4,136,738 652,564 4,789,302 2,940,726 1,181,931 666,644 86%2,363,531 24%
Community Services 7,174,446 113,200 7,287,646 4,568,398 366,136 2,353,112 68%4,151,948 10%
Development Services 4,173,570 294,487 4,468,057 2,481,471 82,337 1,904,250 57%2,784,285 -11%
Engineering 2,601,325 301,867 2,903,192 2,134,684 247,604 520,904 82%1,720,370 24%
Transfers Out 7,780,485 1,000,000 8,780,485 5,835,364 0 2,945,121 66%6,521,197 -11%
Total Expenses 51,833,412$ 4,238,214$ 56,071,627$ 38,384,378$ 3,729,961$ 13,957,288$ 75%34,356,728$ 12%
REVENUE OVER (UNDER) EXPENDITURES (4,328,103)$ (4,158,214)$ (8,486,318)$ 4,578,659$ 2,566,833$
Beginning Fund Balance October 1-Unassigned/Unrestricted 18,925,919 18,925,919
Ending Fund Balance 10,439,601$ 23,504,578$
Notes
1 Property taxes are billed in October and the majority of collections occur December through February.
2 Franchise fees and other various license and fees are paid quarterly or annually.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
July 31, 2023
Expected Year to Date Percent 83.33%
GENERAL FUND
5 Page 19
Item 6.
101%
81%
91%
66%
109%
85%
9%
Property Taxes
Sales Taxes
Franchise Fees
Building Permits
Other Licenses, Fees & Permits
Charges for Services
Intergovernmental Revenue (Grants)
0%20%40%60%80%100%120%
GENERAL FUND YTD REVENUE % OF ANNUAL BUDGET
6 Page 20
Item 6.
$23,641,123
8,233,975
2,189,623
3,173,851
$19,012,693
7,871,249
1,423,619
3,669,264
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
Property Taxes Sales Taxes Franchise Fees Building Permits
GENERAL FUND REVENUE
Current YTD to Prior Year YTD Actual Comparison
Current Year
Prior Year
7 Page 21
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Water Charges for Services 17,557,737$ 500,000$ 18,057,737$ 14,034,341$ -$ 4,023,396$ 78%13,681,895$ 3%
Sewer Charges for Services 9,462,990 200,000 9,662,990 8,506,040 - 1,156,950 88%7,924,124 7%
Licenses, Fees & Permits 377,705 30,000 407,705 348,323 - 59,382 85%321,702 8%
Utility Billing Penalties 186,900 - 186,900 155,461 - 31,439 83%148,664 5%
Interest Income 60,000 - 60,000 368,074 - (308,074) 613%33,954 984%
Other 467,427 - 467,427 520,862 - (53,435) 111%422,183 23%
Transfer In - - - - - - 0 - 0%
Total Revenues 28,112,759$ 730,000$ 28,842,759$ 23,933,100$ -$ 4,909,659$ 83%22,532,523$ 6%
EXPENDITURES
Administration 1,558,936$ 199,091$ 1,758,027$ 1,154,673$ 37,757$ 565,597 68%1,009,784 14%
Debt Service 4,354,465 - 4,354,465 1,850,739 - 2,503,726 43%1 4,463,500 -59%
Water Purchases 9,605,940 - 9,605,940 7,960,362 - 1,645,578 83%5,367,950 48%
Sewer Management Fee 3,854,505 - 3,854,505 3,535,651 - 318,854 92%2,945,997 20%
Public Works 11,604,745 382,678 11,987,423 5,550,370 389,421 6,047,632 50%4,740,030 17%
Transfer Out 2,877,339 146,650 3,023,989 1,116,192 - 1,907,797 37%833,900 34%
Total Expenses 33,855,930$ 728,419$ 34,584,349$ 21,167,987$ 427,178$ 12,670,330$ 62%19,361,162$ 9%
REVENUE OVER (UNDER) EXPENDITURES (5,743,171)$ 1,581$ (5,741,590)$ 2,765,113$ 3,171,361$
Beginning Working Capital October 1 12,669,408 12,669,408$
Ending Working Capital 6,927,818$ 15,434,521$
Notes
1 Annual debt service payments are made in February and August.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
July 31, 2023
Expected Year to Date Percent 83.33%
WATER-SEWER FUND
8 Page 22
Item 6.
Jul-23 Jul-22 Growth %
WATER SEWER WATER SEWER Change Four Year Cumulative
# of Accts Residential 12,524 11,821 11,713 10,979 7.28%FY2023 FY2022 Average Average
# of Accts Commercial 439 395 412 367 7.06%October 20,110 16,543 14,882 14,882
Consumption-Residential 213,013,480 79,329,020 268,583,920 78,349,803 -15.74%November 11,190 11,256 10,010 24,892
Consumption-Commercial 31,393,550 15,581,260 30,511,570 15,067,690 3.06%December 6,273 7,850 7,663 32,554
Consumption-Commercial Irrigation 40,949,580 51,361,740 -20.27%January 8,049 6,936 6,159 38,713
Avg Total Res Water Consumption 16,992 22,900 -25.80%February 5,914 7,385 6,618 45,331
Billed ($) Residential 1,432,894$ 722,330$ 1,852,409$ 693,245$ -15.34%March 5,839 6,006 6,335 51,665
Billed ($) Commercial 290,497$ 128,313$ 280,941$ 124,167$ 3.38%April 10,053 8,613 8,838 60,503
Billed ($) Commercial Irrigation 374,457$ 475,130$ -21.19%May 14,092 13,130 10,904 71,407
Total Billed ($)2,097,848$ 850,643$ 2,608,480$ 817,411$ -13.94%June 14,281 13,330 13,121 84,527
July 16,992 22,900 17,334 101,861
August 27,840 22,933 124,794
September 15,450 18,824 143,618
TOTAL (gal)112,793 157,239 143,618
FY2023 FY2022 Average Cumulative
October 5.65 2.60 4.56 4.56
November 5.82 2.92 3.07 7.63
December 3.43 0.76 2.84 10.47
January 1.29 0.20 2.62 13.09
February 4.51 2.15 3.05 16.14
March 2.69 2.62 3.92 20.06
April 1.20 5.90 3.97 24.03
May 3.62 8.01 5.65 29.68
June 2.35 1.90 4.07 33.75
July 0.47 0.41 2.27 36.02
August 5.08 2.83 38.85
September 0.26 2.76 41.61
Annual 31.03 32.81 41.61
Rainfall
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
July 31, 2023
Expected Year to Date Percent 83.33%
WATER-SEWER FUND
Average Total Residential Water Consumption by Month
9 Page 23
Item 6.
78%
88%
85%
83%
111%
Water Charges for Services
Sewer Charges for Services
Licenses, Fees & Permits
Utility Billing Penalties
Other
0%20%40%60%80%100%120%
WATER/SEWER REVENUE YTD % OF ANNUAL BUDGET
10 Page 24
Item 6.
$14,034,341
7,960,362
$13,681,895
5,367,950
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
Water Charges for Services Water Purchases
WATER REVENUE AND EXPENSE
Current YTD to Prior Year YTD Actual Comparison
Current Year
Prior Year
11 Page 25
Item 6.
8,506,040
3,535,651
7,924,124
2,945,997
-
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
9,000,000
Sewer Charges for Services Sewer Management Fee
SEWER REVENUE AND EXPENSE
Current YTD to Prior Year YTD Actual Comparison
Current Year
Prior Year
12 Page 26
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Sanitation Charges for Services 2,158,200 - 2,158,200 2,041,236 - 116,964 95%1,611,023 27%
Interest Income - - - 2,587 - (2,587) 0%- 0%
Transfer In 1,750,000 - 1,750,000 - - 1,750,000 0%- 0%
Total Revenues 3,908,200$ -$ 3,908,200$ 2,043,823$ -$ 1,864,377$ 52%1,611,023$ 27%
EXPENDITURES
Administration 1,750,000$ -$ 1,750,000$ 49,426$ 574$ 1,700,000 3%- 0%
Sanitation Collection 2,158,200 - 2,158,200 1,818,207 - 339,993 84%1,447,520 26%
Transfer Out - - - - - - 0%- 0%
Total Expenses 3,908,200$ -$ 3,908,200$ 1,867,633$ 574$ 2,039,993$ 48%1,447,520$ 29%
REVENUE OVER (UNDER) EXPENDITURES -$ -$ -$ 176,190$ 163,502$
Beginning Working Capital October 1 - -$
Ending Working Capital -$ 176,190$
Notes
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
July 31, 2023
Expected Year to Date Percent 83.33%
SOLID WASTE FUND
13 Page 27
Item 6.
2,041,236
1,818,207
1,611,023
1,447,520
-
500,000
1,000,000
1,500,000
2,000,000
2,500,000
Sanitation Charges for Services Sanitation Collection
SOLID WASTE REVENUE AND EXPENSE
Current YTD to Prior Year YTD Actual Comparison
Current Year
Prior Year
14 Page 28
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Property Taxes-Delinquent 75,000$ -$ 75,000$ 163,824$ -$ (88,824)$ 218%67,071$ 144%
Property Taxes-Current 12,605,972 - 12,605,972 13,118,364 - (512,392) 104%1 10,414,651 26%
Taxes-Penalties - - - 41,592 - (41,592) 0%35,932 16%
Interest Income 20,000 - 20,000 132,506 - (112,506) 663%14,330 825%
Transfer In - - - - - - 0%428,581 -100%
Total Revenues 12,700,972$ -$ 12,700,972$ 13,456,285$ -$ (755,313)$ 106%10,960,565$ 23%
EXPENDITURES
Professional Services -$ -$ -$ -$ -$ -$ 0%9,500$ -100%
Bond Administrative Fees 20,000 0 20,000 500 0 19,500 3%1,040 -52%
2013 GO Refunding Bond 180,000 0 180,000 0 0 180,000 0%0 0%
2014 GO Bond Payment 315,000 0 315,000 0 0 315,000 0%0 0%
2015 GO Bond Payment 1,309,200 0 1,309,200 1,309,200 0 - 100%1,220,300 7%
2015 CO Bond Payment 465,000 0 465,000 465,000 0 - 100%445,000 4%
2016 GO Debt Payment 0 0 0 0 0 - 0%0 0%
2016 CO Debt Payment 80,000 0 80,000 80,000 0 - 100%70,000 14%
2017 CO Debt Payment 85,000 0 85,000 85,000 0 - 100% 2 70,000 21%
2018 GO Debt Payment 145,000 0 145,000 145,000 0 - 100%145,000 0%
2018 CO Debt Payment 475,000 0 475,000 475,000 0 - 100%455,000 4%
2019 CO Debt Payment 399,806 0 399,806 399,806 0 - 100%381,123 5%
2019 GO Debt Payment 160,000 0 160,000 160,000 0 - 100%155,000 3%
2020 CO Debt Payment 255,000 0 255,000 255,000 0 - 100%245,000 4%
2021 CO Debt Payment 245,000 0 245,000 245,000 0 - 100%310,000 -21%
2021 GO Debt Payment 1,225,000 0 1,225,000 1,225,000 0 - 100%1,925,000 -36%
2022 GO Debt Payment 1,890,000 0 1,890,000 1,890,000 0 - 100%0 0%
Bond Interest Expense 5,662,157 0 5,662,157 2,785,327 0 2,876,830 49%2,238,972 24%
Total Expenditures 12,911,163$ -$ 12,911,163$ 9,519,833$ -$ 3,391,330$ 74%10,260,935$ -7%
REVENUE OVER (UNDER) EXPENDITURES (210,191)$ -$ (210,191)$ 3,936,452$ 699,631$
Beginning Fund Balance October 1 683,357 683,357 2,619,367
Ending Fund Balance Current Month 473,166$ 4,619,809$ 3,318,998$
Notes
1 Property taxes are billed in October and the majority of collections occur December through February.
2 Annual debt service payments are made in February and August.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
July 31, 2023
Expected Year to Date Percent 83.33%
DEBT SERVICE FUND
15 Page 29
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Sales Tax - Town 2,741,662$ -$ 2,741,662$ 2,197,361$ -$ 544,301$ 80%2,087,537$ 5%
Interest Income 1,200 - 1,200 (1,290) - 2,490 -108%919 -240%
Other - - - - - - 0%- 0%
Total Revenue 2,742,862$ -$ 2,742,862$ 2,196,071$ -$ 546,791$ 80%2,088,455$ 5%
EXPENDITURES
Personnel 2,711,865$ -$ 2,711,865$ 2,347,479$ -$ 364,386$ 87%1,740,845$ 35%
Other 1,200 - 1,200 (5,462) - 6,662 -455%520 -1151%
Total Expenditures 2,713,065$ -$ 2,713,065$ 2,342,017$ -$ 371,049$ 86%1,741,365$ 34%
REVENUE OVER (UNDER) EXPENDITURES 29,797$ -$ 29,797$ (145,945)$ 347,090$
Beginning Fund Balance October 1 453,711 453,711 302,439
Ending Fund Balance Current Month 483,508$ 307,766$ 649,529$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
July 31, 2023
Expected Year to Date Percent 83.33%
CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT
16 Page 30
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Sales Tax - Town 2,710,483$ -$ 2,710,483$ 2,195,114$ -$ 515,369$ 81%2,083,116$ 5%
Interest Income 600 - 600 1,760 - (1,160) 293%571 208%
Other - - - - - - 0%- 0%
Total Revenue 2,711,083$ -$ 2,711,083$ 2,196,874$ -$ 514,209$ 81%2,083,687$ 5%
EXPENDITURES
Personnel 2,682,642$ -$ 2,682,642$ 2,180,833$ -$ 501,809$ 81%1,851,716$ 18%
Other 2,400 - 2,400 (5,462) - 7,862 -228%520 -1151%
Total Expenditures 2,685,042$ -$ 2,685,042$ 2,175,371$ -$ 509,671$ 81%1,852,236$ 17%
REVENUE OVER (UNDER) EXPENDITURES 26,041$ -$ 26,041$ 21,503$ 231,451$
Beginning Fund Balance October 1 457,409 457,409 203,982
Ending Fund Balance Current Month 483,450$ 478,912$ 435,433$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
July 31, 2023
Expected Year to Date Percent 83.33%
FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SEPCIAL PURPOSE DISTRICT
17 Page 31
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Grant Revenue -$ -$ -$ -$ -$ -$ 0%-$ 0%
Other Reimbursements 150,000 - 150,000 - - 150,000 0%- 0%
Interest Income 25,000 - 25,000 146,723 - (121,723) 587%13,293 1004%
Charges for Services 1,385,257 - 1,385,257 1,154,381 - 230,876 83%975,165 18%
Total Revenue 1,560,257$ -$ 1,560,257$ 1,301,104$ -$ 259,153$ 83%988,458$ 32%
EXPENDITURES
Vehicle Replacement 754,100$ 69,135$ 823,235$ 137,570$ 568,169$ 117,496$ 86%557,530$ -75%
Equipment Replacement 170,906 - 170,906 9,461 170,387 (8,942) 105%- 0%
Technology Replacement 293,200 120,277 413,477 125,090 236,187 52,200 87%199,390 -37%
Total Expenditures 1,218,206$ 189,412$ 1,407,618$ 272,121$ 974,743$ 160,753$ 89%756,920$ -64%
REVENUE OVER (UNDER) EXPENDITURES 342,051$ (189,412)$ 152,639$ 1,028,983$ 231,538$
Beginning Fund Balance October 1 3,957,862 3,957,862 3,957,862
Ending Fund Balance Current Month 4,110,501$ 4,986,845$ 4,189,400$
Notes
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
July 31, 2023
Expected Year to Date Percent 83.33%
VEHICLE AND EQUIPMENT REPLACEMENT FUND
18 Page 32
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
45-4 Storm Drainage Utility Fee 825,000$ -$ 825,000$ 716,133$ -$ 108,867$ 87%664,232$ 8%
Drainage Review Fee 3,000 - 3,000 6,300 - (3,300) 210%3,628 74%
45-4 Interest Income 1,800 - 1,800 (3,465) - 5,265 -193%1,585 -319%
Transfer In - - - - - - 0%531,449 -100%
Other Revenue - - - 2,096 - (2,096) 0%- 0%
Total Revenue 829,800$ -$ 829,800$ 721,064$ -$ 108,736$ 87%1,200,894$ -40%
EXPENDITURES
Personnel Services 181,914$ -$ 181,914$ 138,523$ -$ 43,391$ 76%121,430$ 14%
Debt Service 217,575 - 217,575 149,610 - 67,965 69%2 736,206 -80%
45-7 Operating Expenditures 288,177 82,706 370,883 115,534 35,651 219,698 41%58,606 97%
Transfers Out 107,996 - 107,996 89,997 - 17,999 83%1 726,757 -88%
Total Expenses 795,662$ 82,706$ 878,368$ 493,665$ 35,651$ 349,052$ 60%1,642,999$ -70%
REVENUE OVER (UNDER) EXPENDITURES 34,138$ (82,706)$ (48,568)$ 227,400$ (442,104)$
Beginning Working Capital October 1 816,012 816,012 632,579
Ending Working Capital Current Month 767,444$ 1,043,412$ 190,475$
Notes
1 Capital project funds are transferred as needed; General fund transfers are made monthly.
2 Annual debt service payments are made in February and August.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
July 31, 2023
Expected Year to Date Percent 83.33%
STORM DRAINAGE UTILITY FUND
19 Page 33
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
60-4Park Dedication-Fees 964,000$ -$ 964,000$ 205,514$ -$ 758,486$ 21%755,378$ -73%
Park Dedication - Transfers In - - - - - - 0%- 0%
60-4Park Improvements 873,000 - 873,000 144,000 - 729,000 16%299,766 -52%
Contributions/Grants 200,550 - 200,550 - - 200,550 0%- 0%
60-4Interest-Park Dedication 2,000 - 2,000 30,322 - (28,322) 1516%4,478 577%
60-4Interest-Park Improvements 4,050 - 4,050 27,837 - (23,787) 687%3,592 675%
Total Revenue 2,043,600$ -$ 2,043,600$ 407,674$ -$ 1,635,926$ 20%1,063,215$ -62%
EXPENDITURES
Pecan Grove Park - 798,971 798,971 749,736 97,810 (48,575) 106%- 0%
Windsong Neighborhood Park 100,000 - 100,000 - - 100,000 0%- 0%
Capital (Misc. small projects)- - - - - - 0%12,362 -100%
Transfers Out - - - - - - 0%- 0%
Total Expenses 100,000$ 798,971$ 898,971$ 749,736$ 97,810$ 51,425$ 94%12,362$ 5965%
REVENUE OVER (UNDER) EXPENDITURES 1,943,600$ (798,971)$ 1,144,630$ (342,062)$
Beginning Fund Balance October 1 2,140,734 2,140,734 2,660,035
Ending Fund Balance Current Month 3,285,364$ 1,798,672$ 2,660,035$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
July 31, 2023
Expected Year to Date Percent 83.33%
PARK DEDICATION AND IMPROVEMENT FUNDS
20 Page 34
Item 6.
Original Budget Amended Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Impact Fee Revenue:
Water Impact Fees -$ -$ -$ -$ -$ 0%259,800$ -100%
Wastewater Impact Fees - - - 283,566 (283,566) 0%586,197 -52%
East Thoroughfare Impact Fees 200,000 - 200,000 - 200,000 0%1,323,566 -100%
Property Taxes - Town (Current)824,243 - 824,243 810,076 14,167 98%612,991 32%
Property Taxes - Town (Rollback)- - - - - 0%- 0%
Property Taxes - County (Current)184,704 - 184,704 172,956 11,748 94%144,308 20%
Sales Taxes - Town 1,024,068 - 1,024,068 763,126 260,942 75%697,810 9%
Sales Taxes - EDC 857,656 - 857,656 639,118 218,538 75%584,416 9%
Interest Income 6,000 - 6,000 71,236 (65,236) 1187%5,616 1168%
Transfer In - - - - - 0%- 0%
Total Revenue 3,096,671$ -$ 3,096,671$ 2,740,078$ 356,593$ 88%4,214,704$ -35%
EXPENDITURES
Professional Services 6,000$ -$ 6,000$ -$ 6,000$ 0%-$ 0%
Developer Rebate 3,090,671 - 3,090,671 3,607,318 (516,647)$ 117%5,229,934 -31%
Transfers Out - - - - -$ 0%- 0%
Total Expenses 3,096,671$ -$ 3,096,671$ 3,607,318$ (510,647)$ 116%5,229,934$ -31%
REVENUE OVER (UNDER) EXPENDITURES -$ (867,240)$ (1,015,229)$
Beginning Fund Balance October 1 1,392,520 1,392,520 301,260
Ending Fund Balance Current Month 1,392,520$ 525,280$ (713,969)$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
July 31, 2023
Expected Year to Date Percent 83.33%
TIRZ #1 - BLUE STAR
21 Page 35
Item 6.
Original Budget Amended Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Property Taxes - Town (Current)33,166$ -$ 33,166$ 33,061$ 105$ 100%154,136$ -79%
Property Taxes - Town (Rollback)- - - - - 0%- 0%
Property Taxes - County (Current)7,432 - 7,432 7,059 373 95%30,280 -77%
Sales Taxes - Town - - - - - 0%- 0%
Sales Taxes - EDC - - - - - 0%- 0%
Interest Income 75 - 75 1,363 (1,288) 1818%134 919%
Total Revenue 40,673$ -$ 40,673$ 41,483$ (810)$ 102%184,551$ -78%
EXPENDITURES
Professional Services -$ -$ -$ -$ - 0%-$ 0%
Developer Rebate 40,673 - 40,673 41,006 (333) 101%184,549 -78%
Transfers Out - - - - - 0%- 0%
Total Expenditures 40,673$ -$ 40,673$ 41,006$ (333)$ 101%184,549$ -78%
REVENUE OVER (UNDER) EXPENDITURES -$ 478$ 2$
Beginning Fund Balance October 1 24,835 24,835 25,189
Ending Fund Balance Current Month 24,835$ 25,313$ 25,191$
TIRZ #2
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
July 31, 2023
Expected Year to Date Percent 83.33%
22 Page 36
Item 6.
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance
REVENUES
Impact Fees Water 3,500,000$ -$ 3,500,000$ 2,651,857$
Interest Income 45,000 - 45,000 176,671
Total Revenues 3,545,000$ -$ 3,545,000$ 2,828,529$
EXPENDITURES
Developer Reimbursements
Cambridge Park Estates - 0 - 0 180,350 - (180,350) - (180,350)
Parks at Legacy Developer Reimb 250,000 250,000 - 250,000 - - 250,000 - 250,000
Star Trail Developer Reimb 367,000 367,000 - 367,000 639,029 - (272,029) - (272,029)
Victory at Frontier Developer Reimb 42,000 42,000 - 42,000 - - 42,000 - 42,000
Westside Developer Reimb - - - - 16,047 - (16,047) - (16,047)
TVG Windsong Developer Reimb 625,000 625,000 - 625,000 1,083 - 623,917 - 623,917
Total Developer Reimbursements 1,284,000$ 1,284,000$ -$ 1,284,000$ 836,510$ -$ 447,490$ -$ 447,490$
Capital Expenditures
12" Water Line - DNT 200,000 24,250 85,042 109,292 31,573 53,697 24,022 90,708 109,064
Lower Pressure Plane Easements 1,500,000 1,400,000 - 1,400,000 95 - 1,399,905 - 1,499,905
Lower Pressure Plane 3,100,000 3,200,000 - 3,200,000 - - 3,200,000 - 3,100,000
Impact Fee Study 100,000 - - - 8,338 91,662 (100,000) - -
Total Projects 4,900,000$ 4,624,250$ 85,042$ 4,709,292$ 40,006$ 145,359$ 4,523,927$ 90,708$ 4,708,969$
Transfer to CIP Fund - - - - - - - -
Total Transfers Out -$ -$ -$ -$ -$ -$ -$ -$ -$
Total Expenditures 6,184,000$ 5,908,250$ 85,042$ 5,993,292$ 876,515$ 145,359$ 4,971,417$ 90,708$ 5,156,459$
REVENUE OVER (UNDER) EXPENDITURES (2,448,292)$ 1,952,013$
Beginning Fund Balance October 1 4,366,761 4,366,761
Ending Fund Balance Current Month 1,918,469$ 6,318,774$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
July 31, 2023
WATER IMPACT FEES FUND
23 Page 37
Item 6.
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance
REVENUES
Impact Fees Wastewater 1,750,000$ -$ 1,750,000$ 1,800,280$
Interest Income 14,625 - 14,625 84,834
Upper Trinity Equity Fee 300,000 - 300,000 270,500
Total Revenues 2,064,625$ -$ 2,064,625$ 2,155,614$
EXPENDITURES
Developer Reimbursements
TVG Westside Utility Developer Reimb 350,000 350,000 - 350,000 251,704 - 98,296 - 98,296
Prosper Partners Utility Developer Reimb 100,000 100,000 - 100,000 - - 100,000 100,000
Frontier Estates Developer Reimb 25,000 25,000 - 25,000 1,366 - 23,634 - 23,634
LaCima Developer Reimb 20,000 20,000 - 20,000 - - 20,000 - 20,000
LaCima #2 Interceptor Agreement - - - -- - - -
Brookhollow Developer Reimb 100,000 100,000 - 100,000 19,754 - 80,246 - 80,246
TVG Windsong Developer Reimb 700,000 700,000 - 700,000 400,946 - 299,054 - 299,054
All Storage Developer Reimb 50,000 50,000 - 50,000 9,030 - 40,970 - 40,970
Legacy Garden Developer Reimb 60,000 60,000 - 60,000 4,781 - 55,219 - 55,219
Total Developer Reimbursements 1,405,000$ 1,405,000$ -$ 1,405,000$ 687,581$ -$ 717,419$ -$ 717,419$
Capital Expenditures
Doe Branch Wastewater Lines 975,000 212,000 314,400 526,400 85,670 727,836 (287,106) 48,600 112,894
Impact Fee Study 100,000 - - - 8,338 91,662 (100,000) - -
Total Projects 1,075,000$ 212,000$ 314,400$ 526,400$ 94,009$ 819,497$ (387,106)$ 48,600$ 112,894$
Transfer to CIP Fund - - - - - -
Total Transfers Out -$ -$ -$ -$ -$ -$ -$ -$ -$
Total Expenditures 2,480,000$ 1,617,000$ 314,400$ 1,931,400$ 781,590$ 819,497$ 330,313$ 48,600$ 830,313$
REVENUE OVER (UNDER) EXPENDITURES 133,225$ 1,374,024$
Beginning Fund Balance October 1 2,733,394 2,733,394
Ending Fund Balance Current Month 2,866,619$ 4,107,418$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
July 31, 2023
WASTEWATER IMPACT FEES FUND
24 Page 38
Item 6.
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance
REVENUES
East Thoroughfare Impact Fees 1,000,000$ -$ 1,000,000$ 1,948,677$
East Thoroughfare Other Revenue - - - -
West Thoroughfare Impact Fees 4,000,000 - 4,000,000 3,916,375
West Thoroughfare Other Revenue - - - -
Interest-East Thoroughfare Impact Fees 14,000 - 14,000 87,619
Interest-West Thoroughfare Impact Fees 45,000 - 45,000 131,638
Total Revenues 5,059,000$ -$ 5,059,000$ 6,084,310$
EXPENDITURES
East
FM 1461 (SH289-CR 165)175,000 175,000 - 175,000 77,074 - 97,927 154,147 (56,221)
Coit Road (First - Frontier)1,289,900 50,000 364,755 414,755 - 370,755 44,000 925,776 (6,630)
Impact Fee Study 50,000 - - - 3,872 46,128 (50,000) - -
Cambridge Park Estates - - - - 174,494 - (174,494) - (174,494)
Transfer to Capital Project Fund 1,820,000 1,820,000 - 1,820,000 235,447 - 1,584,553 1,584,553
Total East 3,334,900$ 2,045,000$ 364,755$ 2,409,755$ 490,886$ 416,883$ 1,501,985$ 1,079,923$ 1,347,208$
West
Teel 380 Intersection Improvements 100,000 0 1,000 1,000 358,413 1,615 (359,028) 100,985 (361,013)
Fishtrap (Elem-DNT)6,600,000 6,600,000 - 6,600,000 - - 6,600,000 - 6,600,000
Parks at Legacy Developer Reimb 500,000 500,000 - 500,000 552,531 - (52,531) - (52,531)
Star Trail Developer Reimb 1,500,000 1,500,000 - 1,500,000 2,697,632 - (1,197,632) - (1,197,632)
Tellus Windsong Developer Reimb 750,000 750,000 - 750,000 12,833 - 737,168 - 737,168
Legacy Garden Developer Reimb 200,000 200,000 - 200,000 - - 200,000 - 200,000
Impact Fee Study 50,000 - - - 3,872 46,128 (50,000) - -
Transfer to Capital Project Fund - - - - 31,025 - (31,025) (31,025)
Total West 9,700,000$ 9,550,000$ 1,000$ 9,551,000$ 3,656,305$ 47,743$ 5,846,951$ 100,985$ 5,894,966$
Total Expenditures 13,034,900$ 11,595,000$ 365,755$ 11,960,755$ 4,147,191$ 464,626$ 7,348,937$ 1,180,908$ 7,242,175$
REVENUE OVER (UNDER) EXPENDITURES (6,901,755)$ 1,937,118$
Beginning Fund Balance October 1 10,678,812 10,678,812
Ending Fund Balance Current Month 3,777,058$ 12,615,930$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
July 31, 2023
THOROUGHFARE IMPACT FEES FUND
25 Page 39
Item 6.
WATER WASTEWATER EAST
THOROUGHFARE
WEST
THOROUGHFARE
ANNUAL BUDGET $3,500,000 $1,750,000 $1,000,000 4,000,000
YTD ACTUAL $2,651,857 $1,800,280 $1,948,677 $3,916,375
% OF BUDGET 76%103%195%98%
76%
103%195%
98%
$-
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
$4,500,000
IMPACT FEE REVENUE
YTD Actual to Annual Budget
26 Page 40
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
Police Donation Revenue 15,500$ -$ 15,500$ 20,357$ -$ (4,857)$ 131%12,632$ 61%
Fire Donation Revenue 15,500 - 15,500 12,944 - 2,556 84%12,456 4%
Child Safety Revenue 28,000 - 28,000 13,725 - 14,275 49%14,187 -3%
Court Security Revenue 8,000 - 8,000 9,772 - (1,772) 122%6,038 62%
Court Technology Revenue 7,650 - 7,650 8,122 - (472) 106%5,072 60%
Municipal Jury revenue 150 - 150 194 - (44) 129%118 65%
Interest Income 2,425 - 2,425 26,137 - (23,712) 1078%2,340 1017%
Interest Income CARES/ARPA Funds - - - 187,371 - (187,371) 0%10,139 1748%
Tree Mitigation - - - 1,238,694 - (1,238,694) 0%22,400 5430%
Cash Seizure Forfeit - - - 11,122 - (11,122) 0%- 0%
Miscellaneous 3,000 - 3,000 2,416 - 584 81%2,997 -19%
CARES Act/ARPA Funding 3,045,165 - 3,045,165 - - 3,045,165 0%6,018 -100%
Transfer In - - - - - - 0%- 0%
Total Revenue 3,125,390$ -$ 3,125,390$ 1,530,853$ -$ 1,594,537$ 49%94,398$ 1522%
EXPENDITURES
LEOSE Expenditure 17,500$ -$ 17,500$ 5,050$ -$ 12,450$ 29%-$ 0%
Court Technology Expense - - - - - - 0%10,688 -100%
Court Security Expense 15,675 - 15,675 50 - 15,625 0%360 -86%
Police Donation Expense 38,740 - 38,740 17,842 14,462 6,436 83%24,425 -27%
Fire Donation Expense 5,387 5,000 10,387 8,546 - 1,841 82%- 0%
Child Safety Expense 39,761 19,985 59,746 22,238 - 37,508 37%2,706 722%
Tree Mitigation Expense - - - - - - 0%33,600 -100%
Police Seizure Expense 12,995 - 12,995 4,457 - - 34%- 0%
CARES Act/ARPA Funding - - - - - - 0%- 0%
Transfer Out (Tree Mitigation funds)- - - - - - 0%366,400 -100%
Total Expenses 130,058$ 24,985$ 155,043$ 58,183$ 14,462$ 73,860$ 47%438,179$ -87%
REVENUE OVER (UNDER) EXPENDITURES 2,995,332$ (24,985)$ 2,970,347$ 1,472,670$ (343,781)$
Beginning Fund Balance October 1 817,219 817,219 567,535
Ending Fund Balance Current Month 3,787,566$ 2,289,889$ 223,754$
Notes
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
July 31, 2023
Expected Year to Date Percent 83.33%
SPECIAL REVENUE FUNDS
27 Page 41
Item 6.
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance
REVENUES
Grants -$ -$ -$ -$
Contributions/Interlocal Revenue - 1,700,000 1,700,000 -
Bond Proceeds - -- -
Interest Income - -- 1,509,184
Other Revenue - -- 5,460
Transfers In - General Fund - 1,000,000 1,000,000 5,835,364
Transfers In - Impact Fee Funds - -- 266,472
*Transfers In/Out - Bond Funds - -- -
Total Revenues -$ 2,700,000$ 2,700,000$ 7,616,480$
EXPENDITURES
Frontier Parkway BNSF Overpass 9,402,125 -$ - - 56,849 - (56,849) 9,345,276 (0)
West Prosper Roads 14,168,828 - - - - - -14,017,321 151,507
BNSF Quiet Zone First/Fifth 145,000 - 4,950 4,950 4,218 732 - 17,146 122,904
Coit Rd (First-Frontier) 4 Lns 800,000 - -- 649 - (649) 799,351
First St (DNT to Coleman)5,786,567 - 1,584,883 1,584,883 428,195 387,839 768,849 1,540,745 3,429,788
First Street (Elem-DNT) 4 Lanes 30,807,380 - 26,870,802 26,870,802 733,106 26,227,508 (89,812) 3,127,872 718,894
Preston Road / First Street Dual Left Turns (Design & Constructi 900,000 - -- - 93,000 (93,000) - 807,000
First St (Coit-Custer) 4 Lanes 27,260,000 - 22,840,969 22,840,969 9,761,258 13,256,431 (176,719) 2,744,075 1,498,237
Preston/Prosper Trail Turn Lane 900,000 - -- 116,879 52,067 (168,946) - 731,054
Craig Street (Preston-Fifth)450,000 - 148,005 148,005 131,773 28,733 (12,500) 175,595 113,900
First Street Section 1 & 4 778,900 - 5,000 5,000 5,000 - - 382,323 391,577
First Street (Teel - Gee Road)6,425,000 - 6,025,000 6,025,000 2,137,543 4,056,288 (168,832) 247 230,921
Gee Road (First Street - Windsong)4,948,793 - 4,169,579 4,169,579 2,875,122 2,582,567 (1,288,110) 4,052 (512,949)
Teel (US 380 Intersection Improvements)1,380,000 - 200,000 200,000 965,210 - (765,210) 106,198 308,592
Coleman (Gorgeous - Prosper Trail)1,500,000 - 740,906 740,906 301,996 438,910 - 120,534 638,561
Coleman (Prosper Trail - PHS)720,000 - -- - - - - 720,000
Legacy (Prairie - First Street)1,425,000 - 1,133,307 1,133,307 396,076 165,981 571,250 235,694 627,250
Coit/US 380 SB Turn Lanes 300,000 - - - 21,200 28,800 (50,000) - 250,000
Safety Way 800,000 - 800,000 800,000 - - 800,000 - 800,000
Gorgeous/McKinley 700,000 - 700,000 700,000 - - 700,000 - 700,000
Renaming of Fishtrap Road to W. First Street 80,000 - -- 2,877 - (2,877) - 77,123
Gee Road (US 380--FM 1385)1,700,000 - 1,700,000 1,700,000 - 1,655,000 45,000 45,000
First Street (Coleman)500,000 - 500,000 500,000 209 - 499,791 - 499,791
Teel Parkway (US 380 - First Street Rd) NB 2 Lanes (Design)750,000 - 135,700 135,700 104,015 33,550 (1,865) 82,943 529,492
Total Street Projects 112,627,593$ -$ 67,559,101$ 67,559,101$ 18,042,175$ 49,007,405$ 509,522$ 31,900,019$ 13,677,995$
Turf Irrigation SH289 68,000 - - - - - - 48,935 19,065
US 380 Median Design (Green Ribbon)821,250 - - - - - - 65,800 755,450
Whitley Place H&B Trail Extension 750,000 - - - - - - 734,209 15,791
Tanner's Mill Phase 2 Design 1,396,400 - 688,651 688,651 685,039 4,000 (388) 696,070 11,291
Lakewood Preserve, Phase 2 3,845,000 - -- - 131,477 (131,477) - 3,713,523
Pecan Grove Ph II 907,500 - 4,352 4,352 1,393 2,959 - 66,105 837,043
Downtown Pond Improvements 120,000 - -- - - - 11,760 108,240
Raymond Community Park 1,200,000 - 936,986 936,986 116,524 820,462 - 154,672 108,342
Coleman Median Landscape (Victory-Preston)650,000 - 432,358 432,358 272,665 163,881 (4,188) 19,783 193,671
Prosper Trail Median Landscape 275,000 - 146,481 146,481 110,644 38,770 (2,934) 7,352 118,234
Total Park Projects 10,033,150$ -$ 2,208,828$ 2,208,828$ 1,186,266$ 1,161,549$ (138,988)$ 1,804,685$ 5,880,649$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
July 31, 2023
CAPITAL PROJECTS FUND - GENERAL
28 Page 42
Item 6.
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
July 31, 2023
CAPITAL PROJECTS FUND - GENERAL
PD Car Camera and Body worn Camera System 387,225 - 17,000 17,000 14,500 2,500 - - 370,225
Station #3 Quint Engine 1,495,000 - 118,273 118,273 41,460 51,553 25,259 1,376,727 25,259
Station #3 Ambulance 495,000 - 79,251 79,251 5,746 30,827 42,677 415,749 42,677
Park Ops Vehicle 27,035 - -- 23,242 - (23,242) - 3,793
Awnings for Storage 19,800 - 300 300 - 300 - 11,100 8,400
Public Safety Complex, Phase 2-Design 1,578,290 - 205,380 205,380 185,374 19,396 610 1,373,520 -
Public Safety Complex, Phase 2-Dev Costs 647,325 - 555,818 555,818 21,173 11,375 523,270 91,507 523,270
Public Safety Complex, Phase 2-Construction 14,500,000 - 8,903,575 8,903,575 8,817,585 85,856 134 5,596,425 134
Public Safety Complex, Phase 2-FFE 1,274,385 - 1,224,224 1,224,224 870,141 118,211 235,871 50,161 235,871
Fire Engine Station 4 - FUNDS REALLOCATED 1,100,000 - -- - - - - 1,100,000
Fire Station #4 - Design 600,000 - 285,616 285,616 135,048 150,568 - 337,939 (23,555)
Fire Station #4 - Engine 1,250,000 - 117,557 117,557 40,169 51,672 25,716 1,132,443 25,716
Fire Station #4 - Ambulance 552,000 - 509,445 509,445 7,794 449,717 51,934 42,555 51,934
Fire Station #4 - Other Costs 400,000 - -- - - - 8,250 391,750
Total Facility Projects 24,326,060$ -$ 12,016,439$ 12,016,439$ 10,162,233$ 971,976$ 882,230$ 10,436,376$ 2,755,474$
Transfer Out - - - - - - - - -
Total Expenditures 146,986,803$ -$ 81,784,368$ 81,784,368$ 29,390,674$ 51,140,931$ 1,252,763$ 44,141,080$ 22,314,118$
REVENUE OVER (UNDER) EXPENDITURES (79,084,368)$ (21,774,194)$
Beginning Fund Balance (Restricted for Capital Projects) October 1 77,609,702 77,609,702
Ending Fund Balance (Restricted for Capital Projects) Current Month (1,474,666)$ 55,835,508$
29 Page 43
Item 6.
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Year Budget
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance
REVENUES
Interest Income -$ -$ -$ 796,385$
Bond Proceeds - - - -
Transfers In - 146,650 146,650 176,743
Transfers In - Impact Fee Funds - - - -
Transfers In - Bond Funds - - - (0)
Total Revenues -$ 146,650$ 146,650$ 973,127$
EXPENDITURES
Lower Pressure Plane Pump Station Design 24,331,100 - 16,204,853 16,204,853 6,379,808 9,958,626 (133,582) 1,701,715 6,290,951
Custer Rd Meter Station/Water Line Relocation 3,869,563 - 826 826 48,276 - (47,450) 3,832,735 (11,448)
Upper Doe Branch WW Line (Teel-PISD Stadium)25,000 - -- - - -- 25,000
DNT Water Line Relocation (US 380 - First St)146,650 - 146,650 146,650 - 146,650 - - -
Water Line Relocation Frontier 400,000 - 398,239 398,239 174,702 227,357 (3,819) 2,041 (4,099)
Total Water & Wastewater Projects 28,772,313$ -$ 16,750,568$ 16,750,568$ 6,602,786$ 10,332,633$ (184,851)$ 5,536,490$ 6,300,404$
Frontier Park/Preston Lakes Drainage 1,085,000 - 148,379 148,379 140,960 7,419 0 648,022 288,599
Old Town Regional Pond #2 385,000 - 17,114 17,114 - 17,114 - 31,210 336,677
Total Drainage Projects 1,470,000$ -$ 165,493$ 165,493$ 140,960$ 24,532$ 0$ 679,232$ 625,276$
Transfer out - - - - - - - -
Total Expenses 30,242,313$ -$ 16,916,060$ 16,916,060$ 6,743,746$ 10,357,165$ (184,851)$ 6,215,722$ 6,925,680$
REVENUE OVER (UNDER) EXPENDITURES (16,769,410)$ (5,770,618)$
Beginning Fund Balance (Restricted for Capital Projects) October 1 40,601,835 40,601,835
Ending Fund Balance (Restricted for Capital Projects) Current Month 23,832,425$ 34,831,217$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
July 31, 2023
CAPITAL PROJECTS FUND-WATER/SEWER
30 Page 44
Item 6.
Page 1 of 2
To: Mayor and Town Council
From: Frank E. Jaromin, P.E.
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Sanitary Sewer Easement Purchase
Town Council Meeting – September 26, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon purchasing a sanitary sewer easement at 302 N Parvin Street from property
owner, David Maya; and authorize the Town Manager to execute documents for same.
Description of Agenda Item:
The owner of 302 N Parvin Street has a wastewater line bisecting his property, creating issues
with the building of his home. Since the wastewater line is not within an easement, Public Works
staff will need to relocate the line. The owner, David Maya, has agreed to provide a 13-foot
easement, 200 feet long, along the south property line. Located within the easement are several
trees, existing form boards, and a retaining wall that needs removal. A minor adjustment to his
house plan is also needed. The total cost for consideration of all items regarding the easement
purchase is $35,000.00. This amount is 79% of $15/sf. Staff received an appraisal from Lowery
Property Advisors, LLC.
Relocation of the wastewater line will be completed by Town crews and materials funded by
existing resources.
Budget Impact:
The total cost of the easement purchase is $35,000.00 and will be funded from Systems
Improvements, account 200-5670-50-03.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Sanitary Sewer Easement & Temp Construction Easement
Town Staff Recommendation:
Town Staff recommends purchasing a wastewater line easement at 302 N Parvin Street from
property owner, David Maya; and authorize the Town Manager to execute documents for same.
Public Works
Page 45
Item 7.
Page 2 of 2
Proposed Motion:
I move to purchase a wastewater line easement at 302 N Parvin Street from property owner, David
Maya; and authorize the Town Manager to execute documents for same.
Page 46
Item 7.
Page 47
Item 7.
Page 48
Item 7.
Page 49
Item 7.
Page 50
Item 7.
Page 51
Item 7.
Page 52
Item 7.
Page 53
Item 7.
Page 54
Item 7.
Page 55
Item 7.
Page 1 of 1
To: Mayor and Town Council
From: David Hoover, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Collin County Animal Shelter & Control Services ILA
Town Council Meeting – September 26, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon an amendment to the Town’s Interlocal Agreements with Collin County for
facility construction, use of an animal shelter, and animal control services for the 2024 fiscal year.
Description of Agenda Item:
The Town is being directed by Collin County to adopt Amendment 17 to the Town’s interlocal
agreements with the county. The interlocal agreements will be renewed for a period of one (1)
year, beginning October 1, 2023, through and including September 30, 2024, at the rate below:
Facility Construction and use of an Animal Shelter in Collin County – $36,092.00
Animal Control Services – $64,807.00
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Interlocal Agreement for Facility Construction and use of an Animal Shelter in Collin County
2. Interlocal Agreement for Animal Control Services
Town Staff Recommendation:
Town Staff recommends approval of the amendment to the Interlocal Agreements with Collin
County for facility construction, use of an animal shelter, and animal control services for the 2024
fiscal year.
PLANNING
Page 56
Item 8.
Page 2 of 1
Proposed Motion:
I move to approve/deny an amendment to the Town’s Interlocal Agreements with Collin County
for facility construction, use of an animal shelter, and animal control services for the 2024 fiscal
year.
Page 57
Item 8.
1
Office of the Purchasing Agent
Collin County Administration Building
Contract Modification Document 2300 Bloomdale Rd, Ste 3160
McKinney, TX 75071
972-548-4165
Vendor:Contract No.
Contract:
Item #1 The agreement will be renewed for a period of one (1) year, beginning October 1, 2023, through and including
September 30, 2024, at the rate below.
Item #2 Total Amount for fiscal year 2024: $36,092.00
Amendment No.17 has been accepted and authorized on ______________________ by authority of the
Collin County Commissioners Court by Court Order No.______________________ effective on ___________________.
ACCEPTED BY:
SIGNATURE SIGNATURE
Michelle Charnoski, NIGP-CPP, CPPB
(Print Name)(Print Name)
TITLE:TITLE:
DATE: DATE:
YOU ARE DIRECTED TO MAKE THE FOLLOWING MODIFICATION TO THIS CONTRACT
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.
Purchasing Agent
Town of Prosper
P.O. Box 307
Prosper, TX 75078
10100-09
Interlocal Agreement for Facility
Construction and use of an Animal
Shelter in Collin County
Page 58
Item 8.
2
Amendment No. 16 Court Order No.Summary
Amendment No. 17 Court Order No.Summary
updated.
2006-891-09-26Awarded by Court Order No.
HISTORICAL INFORMATION
2022-1055-10-03 Renewal
Agreement extended and fees
Page 59
Item 8.
1
Office of the Purchasing Agent
Collin County Administration Building
Contract Modification Document 2300 Bloomdale Rd, Ste 3160
McKinney, TX 75071
972-548-4165
Vendor:Contract No.
Contract:
Item #1 The agreement will be renewed for a period of one (1) year, beginning October 1, 2023, through and including
September 30, 2024, at the rate below.
Item #2 Total Amount for fiscal year 2024: $64,807.00
Amendment No.17 has been accepted and authorized on ______________________ by authority of the
Collin County Commissioners Court by Court Order No.______________________ effective on ___________________.
ACCEPTED BY:
SIGNATURE SIGNATURE
Michelle Charnoski, NIGP-CPP, CPPB
(Print Name)(Print Name)
TITLE:TITLE:
DATE: DATE:
Services
Town of Prosper
P.O. Box 307
Prosper, TX 75078
10110-09
Interlocal Agreement for Animal Control
YOU ARE DIRECTED TO MAKE THE FOLLOWING MODIFICATION TO THIS CONTRACT
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.
Purchasing Agent
Page 60
Item 8.
2
Amendment No. 16 Court Order No.Summary
Amendment No. 17 Court Order No.Summary
Awarded by Court Order No.
HISTORICAL INFORMATION
2022-1052-10-03
updated.
2006-879-09-26
Renewal
Agreement extended and fees
Page 61
Item 8.
Page 1 of 2
To: Mayor and Town Council
From: Robyn Battle, Executive Director
Through: Mario Canizares, Town Manager
Re: Communications Planning & Services
Town Council Meeting – September 26, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon approving a Services Agreement with Gray Reed Advisory Services, LLC,
d/b/a GRPR, for Strategic Communications Planning and Crisis Communications Services, and
authorize the Town Manager to execute the same.
Description of Agenda Item:
GRPR supports the current Communications staff by providing the Town with crisis
communication consulting services, media training, and on-call media relations services as
needed. The firm has demonstrated a high level of responsiveness and has established a positive
relationship with Town staff and officials.
The proposed Services Agreement will provide for continued services from October 1, 2023,
through September 30, 2024, with an option for annual renewal.
Budget Impact:
The cost of services is $5,000 per month ($60,000 annually). Funding is available in the
Communications Professional Services account 100-5410-10-06.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached Services Agreement
as to form and legality.
Attached Documents:
1. GRPR Services Agreement
Town Staff Recommendation:
Town Staff recommends Council approve the Services Agreement with Gray Reed Advisory
Services, LLC, d/b/a GRPR, for Strategic Communications Planning and Crisis Communications
Services, and authorize the Town Manager to execute the same.
COMMUNICATIONS &
COMMUNITY ENGAGEMENT
Page 62
Item 9.
Page 2 of 2
Proposed Motion:
I move to approve the Services Agreement with Gray Reed Advisory Services, LLC, d/b/a GRPR,
for Strategic Communications Planning and Crisis Communications Services, and authorize the
Town Manager to execute the same.
Page 63
Item 9.
SERVICES AGREEMENT
This Services Agreement is entered into by and between Gray Reed Advisory Services, LLC
(“GRAS”) D/B/A GRPR, with its principal place of business located at 1300 Post Oak Blvd, Suite
2000, Houston, TX 77056, and The Town of Prosper, Texas (“Client”), with its principal address
being 250 W. First Street, Prosper, Texas 75078, hereinafter sometimes referred to collectively as
“Parties” or singularly as a “Party.”
RECITALS
Client wishes to contract with GRPR to provide services in the field of Strategic Communications
Planning and Crisis Communications Services, more particularly described in Appendix A to this
Services Agreement;
This Agreement, Appendix A and the attached Terms and Conditions (collectively the
“Agreement”) set forth the Parties’ responsibilities and obligations in connection with this
engagement.
TERMS
1. Scope of Services. GRPR will perform and implement, in whole or in part, the services detailed
in Appendix A (“Services”), which are designed to accomplish the objectives of the Client.
GRPR shall use its best efforts to perform the Services such that the results are satisfactory to
the Client.
2. Contract Administration; Communications. GRPR will be responsible to Client for performing
the Services under this Agreement. GRPR and Client agree to identify and maintain a mutually
agreeable communications process to keep Client fully and currently informed concerning the
activities of GRPR on behalf of Client. GRPR and Client agree that GRPR will work closely
with other consultants, team members, and related organizations and individuals as designated
by Client, and as necessary to accomplish the objectives of the Client.
GRPR Contact: Marc Rylander (mrylander@grprpublicaffairs.com)
Client Contact: Robyn Battle (ap@prospertx.gov)
Pricing. A monthly fee of $5,000.00 from October 1, 2023 (“Effective Date”) through
September 30, 2024 (“Termination Date”), with an option for annual renewal. Payment terms
are Net 30.
3. Terms of Service and Termination. This Agreement will commence on the Effective Date.
Either Party may terminate this Agreement without cause by providing the other Party 30 days’
notice in writing. Upon termination, Consultant will render Client an invoice and within 30
days after receipt of said invoice, Client shall pay Consultant in full whatever sums may be
due for work performed.
Page 64
Item 9.
4. Counterparts. This Agreement may be executed in counterparts by exchange of signature pages
by mail, facsimile, email or other electronic means, each of which will be deemed an original
and all of which will together constitute the same instrument.
By executing this Agreement, each signatory affirms that they have read, understand, and agree
with its terms, and that each has the full power and authority to enter this Agreement on behalf of
the entity for which they have signed.
For: Gray Reed Advisory Services, LLC D/B/A GRPR
1300 Post Oak Blvd, Suite 2000
Houston, TX 77056
By: _________________________________ Date: ______________________
Marc Rylander
For: Town of Prosper, Texas
250 W. First Street
Prosper, Texas 75078
TEL: 972-569-1011
By: _________________________________________ Date: ____________________
Mario Canizares, Town Manager
Page 65
Item 9.
Appendix A
TOWN OF PROSPER, TEXAS
Communications Services Scope of Work
Conduct ongoing assessment of the Town’s current communication readiness, training, and
processes, and make recommendations for action and improvement:
GR PR Public Affairs Chief Communications Officer Marc Rylander will meet
individually or collectively with the Mayor, Council, Town Manager, Executive
Director(s), Police Chief, Fire Chief, Communications Manager, and others, as needed, to
maintain strong and open communications which will help develop communication
processes as the Town continues its exponential growth. From these meetings/
discussions, an assessment will be made of current overall communications readiness and
recommendations for improvement will follow.
Conduct strategic consultation meetings with Town officials on crisis communication/issues
management mitigation and response and prepare a minimum of one (1) annual tabletop
exercise to expose staff and elected officials to different crisis scenarios.:
GR PR Public Affairs will meet individually or collectively with the Town Manager,
Executive Director, Police Chief, Fire Chief, Communications Manager, and others to
identify current crisis communications protocol and, from that, work towards developing
a comprehensive crisis communications strategy that will have immediate
implementation.
GR PR Public Affairs will continually review crisis response as the Town experiences
such occurrences and will conduct a minimum of one (1) annual crisis response exercise
by September 30, 2023 to expose staff and elected officials to potential crisis threats or
situations that could occur and might include mass casualties, loss of life, major structural
damage, or loss of normal communications mediums.
Maintain a media contact database for the Town of Prosper:
GR PR Public Affairs will regularly review and update the media database for the Town
of Prosper. While anyone is welcome to join this distribution list, a concerted effort will
be placed on maintaining email information for correspondents, reporters, and writers
who cover Collin County stories for the four network television affiliate stations, the two
largest Spanish-speaking affiliates, the news radio stations in the area, and for the major
Dallas and Collin County newspapers. Furthermore, this list will include elected officials
and staff in their district offices, as well as any state or national media/press
representatives who tend to cover news stories in this region.
Training for Town staff and elected officials on non-crisis interaction with the media and
on social media platforms (two or more sessions by September 30, 2023):
Page 66
Item 9.
GR PR Public Affairs will prepare and present materials for ongoing media and social
media training sessions for all Town officials who have such interaction in their official
capacities. This will include training sessions for elected officials, the Town Manager,
Directors, Chiefs, and departmental communicators. These trainings will take place at a
time determined by the Town Manager, and/or Executive Director.
On-call media relations services in the event of a crisis:
GR PR Public Affairs Chief Communications Officer Marc Rylander will serve as the
backup on-call communications contact for the Town at all times. He will be ready to
engage during any unplanned activity in the Town that could be press-worthy when
contacted. In the event that the Communications Manager is off-duty, he will serve as the
primary person on-call. He will work with the Town Manager, Executive Director, and
Fire and Police Chiefs in Prosper (and surrounding communities, if applicable) during
such situations to create and execute an immediate crisis communications strategy—
within the structure of the Town of Prosper Crisis Communications Plan.
In-person or virtual presence in the Town’s Emergency Operations Center (EOC):
GR PR Public Affairs will be available to coordinate with Town officials and assist with
any media activity on the scene or in an Emergency Operations location in the immediate
aftermath any major police or fire event, catastrophic event, or natural disaster in the
Town.
Preparing and distributing public statements and media releases:
GR PR Public Affairs will review and/or edit initial drafts of all press releases, media
advisories, and statements issued by the Town during a crisis situation. They will work
collectively with the Mayor and Council, Town Manager, Chiefs, Communications staff
and/or Directors to maintain accuracy and consistency in statements that are issued for
public distribution or as response to inquiries from credentialed media/press agencies.
Coordinating press conferences and preparing Town spokespersons or elected officials for
media interviews and/or press conferences:
GR PR Public Affairs will organize, alert the press, and conduct press conferences for
any acute newsworthy activities in the Town. They will communicate with the Town
Manager, Communications staff, Police, and Fire Administration to coordinate and carry-
out these meetings with the media/press. They will also be available to assist with any
media activity on the scene at any police and/or fire event in the Town.
GR PR Public Affairs will train existing staff that currently functions or will function as
the Public Information Officer(s), as well as anyone from the Town who would speak at a
press conference on behalf of the Town of Prosper during the contracted period of this
agreement. They will have ongoing communications with the media, organize media
activity in the Town, determine what information will be distributed from the Town and
to whom it will be distributed, and will monitor and provide input on any/all social media
activity by the Town.
Page 67
Item 9.
Evaluate regular scheduled press/media, social media, and newsletter articles:
GR PR Public Affairs will obtain Town events scheduling at a regularly scheduled
meeting with the Communications staff and will evaluate messaging and media strategy
related to Town events, as needed.
Review websites and monitoring social media for updates and changes:
The GR PR Public Affairs team will monitor and offer update suggestions of all
electronic platforms of the Town. This includes, but is not limited to, websites and social
media platforms.
Page 68
Item 9.
• 1300 Post Oak Blvd • Suite 2000 • Houston, TX 77056 •
• P: 713.986.7000 • F: 713.986.7100
Terms and Conditions
These Terms and Conditions form an integral part of
the Services Agreement (together, the “Agreement”)
to which they relate and will apply to any subsequent
services performed (“Services”).
Compliance: Gray Reed Advisory Services, LLC
(“GRAS”) D/B/A GR|||PR (“GRPR”), performs its
services as an independent contractor for Client and
complies with all federal, state and local laws. Each
Party to the Agreement represents that it will comply
with all laws, rules and regulations applicable to it in
connection with the Services to be performed under
the Agreement and to the extent authorized by Texas
law, will indemnify and hold harmless the other Party
for any liability arising out of its failure to comply with
all federal, state and local laws.
Payment for Services: Fees for the Services provided
hereunder are based on the commercial terms set forth
in the applicable Agreement. Client will reimburse
GRPR for actual expenses incurred by it in connection
with the provision of Services as set forth on any
invoices submitted to Client. Any invoice not paid in
full by the tenth (10th) day of the month following the
date of the statement is considered past due and may
incur a late payment fee of two (2) percent of the
unpaid balance for each month or portion of month in
which it remains unpaid. Services may be halted on
any overdue account and will resume upon payment,
subject to the provisions in the Agreement.
Taxes on the Purchase of Services: Client will
reimburse GRPR, pay directly to the appropriate tax
authority, or timely file a valid tax exemption
certificate for all transaction taxes including sales, use,
value added, or similar taxes legally imposed upon the
transactions arising hereunder. All such taxes become
due when billed by GRPR to Client, or when assessed,
levied, or billed by the appropriate taxing authority,
even if such billing occurs subsequent to the expiration
of this Agreement.
Client Data: GRPR will rely on the accuracy and
completeness of any information, representations, and
books and records (“Client Data”) provided to it by
Client; GRPR has not been engaged to audit or verify
Client Data and will not provide any assurances
concerning the reliability, accuracy or completeness of
such information. GRPR will be given sufficient
access to the books, records, reports, and personnel of
Client to perform the Services. Unless specifically so
engaged, the Services are not intended to be relied
upon to disclose errors, irregularities, or illegal acts,
including fraud or defalcations that may exist; GRPR
will, however, inform Client of any such matters that
come to its attention. GRPR is not responsible either
for updating nor for monitoring the use of the Services
once they are completed.
No Third-Party Reliance: Any assessments made by
GRPR as a part of its defined Services are designed to
assist management of Client in carrying out their
responsibilities, and the Services are intended solely
for the benefit and use by Client. No third party will
be a beneficiary of the Agreement or the Services, nor
will Client cause or allow any other third party to use
or rely upon GRPR’s performance of the Services. In
its use of the Services, Client may not attribute them
to or identify GRPR without its prior written consent
and GRPR disclaims any liability for use of the
Services by anyone other than Client from the use of
Services. GRPR is providing Services for the internal
use of Client only, which Client may use in any
manner provided in the Agreement, and to the extent
authorized by Texas law, Client will indemnify and
hold harmless GRPR and its management, employees,
and agents for any liability arising out of any use of
the Services by any third party, which would be
considered a material breach of the Agreement.
No Warranty; Limitations: GRPR warrants that (i) it
will provide Services in good faith in accordance with
applicable professional standards; (ii) it will comply
with all applicable laws and regulations; and (iii) its
work product will not infringe upon any third party’s
patent, trademark, or other intellectual property rights.
GRPR expressly disclaims any other warranty.
Neither party shall be liable to the other for any
consequential, indirect, or similar damages, including
lost profits, lost data, loss of goodwill or business
interruption as a result of the Services. In any action
to enforce or for the breach of this Agreement, the
prevailing party to such action shall be entitled to
recover its reasonable and necessary attorneys’ fees.
Except for damages related to violation of law,
intellectual property infringement, gross negligence or
intentional misconduct, the amount recoverable from
either party for breach of this Agreement shall be
limited to the net profits of GRPR performing services
under the Services Agreement.
Indemnification and Insurance: To the extent
authorized by Texas law, Client shall indemnify,
defend, and hold harmless GRPR and its directors,
officers, and employees from any and all claims
arising from or in connection with the performance of
Services, including but not limited to statutory
violations, injury or death of any and all persons and
from any and all damage to property. Client and GRPR
warrant that they each carry workers' compensation,
comprehensive liability, automobile, and other
insurance with reasonable coverage and in reasonable
amounts sufficient to insure against anticipated risks
in connection with performing Services under this
Agreement.
Page 69
Item 9.
• 1300 Post Oak Blvd • Suite 2000 • Houston, TX 77056 •
• P: 713.986.7000 • F: 713.986.7100
Confidentiality: GRPR agrees to maintain in
confidence and not disclose or use any non-public,
proprietary, or confidential information or know-how
belonging to Client except as required by law or
judicial process. Proprietary information refers to any
information obtained from, or disclosed by, Client, or
which was learned or discovered by GRPR in the
performance of the Services, and which either is
represented to be confidential by means of labeling or
declaration or is by its nature reasonably understood to
be confidential. Such proprietary information
includes, but is not limited to, software, technical and
business information relating to Client’s inventions, or
products, research and development, trade secrets,
finances, customers, marketing, and future business
plans. Client agrees that GRPR may use its name and
logo in a client list used as marketing materials on its
website or in its proposal packages.
Client agrees to maintain in confidence and protect
any information obtained by it that contains
proprietary or private information about GRPR or its
employees or independent contractors, including but
not limited to, billing rates, tools and methodologies,
background information, background screening
results and social security numbers.
Ownership and Intellectual Property Rights: All work
products that GRPR creates, conceives, or develops in
connection with performing Services (“Work
Product”) will be works made for hire owned
exclusively by Client. To the extent GRPR utilizes its
tools, methodologies, templates, playbooks or any
other tangible or intellectual property in connection
the performance of Services hereunder, such property
shall remain the sole and exclusive property of GRPR,
and Client will be granted a perpetual, worldwide,
nonexclusive, royalty free license to the extent
necessary to use such property in connection with the
Work Product. To the extent GRPR’s work includes
the creation or modification of any intellectual
property in any medium including print, design, video,
audio, digital or otherwise, upon completion of the
work and expressly conditioned upon full payment of
all fees and costs due, GRPR grants to Client limited
usage rights of the final content as provided to Client.
These rights shall include the right for Client to modify
such work. Further, nothing contained in this
Agreement prohibit GRPR from using any of its
general knowledge, know-how and proprietary work
product to perform similar services for others.
GRPR may retain copies of Work Product after the
conclusion of Services for purposes of complying with
laws and other requirements. GRPR will remain
subject to the confidentiality obligations contained
herein.
Client shall be solely responsible for ensuring any
trademarks or domain names do not conflict with the
rights of any third party. Client shall also be solely
responsible for registering all such trademark or
domain names and for taking any other necessary steps
to protect such trademark or domain name, along with
any related regulatory compliance. The costs of such
screening of trademarks or domain names,
registration, and other measures shall be born solely
by Client. Client shall have sole responsibility for
ensuring that trademarks, intellectual property or other
content provided by Client to GRPR do not infringe on
the rights of third parties, and to the extent authorized
by Texas law, Client shall indemnify, save and hold
harmless GRPR from any and all damages, liabilities,
costs, losses or expenses arising out of any claim,
demand, or action by a third party alleging such
infringement.
Non-Solicitation of GRPR Employees: During the
term of this Agreement and for a period of one (1) year
after the termination of this Agreement or the
completion of the Services, Client will not solicit,
induce, recruit or encourage, directly or indirectly,
(nor will Client direct, encourage or assist anyone else
to solicit, induce, recruit or encourage) any of the
GRPR’s employees or contractors to terminate or
modify their relationship with GRPR.
Termination of the Agreement: This Agreement may
be terminated by either Party upon thirty (30) days’
prior written notice to the other Party. Any notice of
termination shall be effective upon receipt. Upon such
termination, Client is required to pay all fees then due
and owing for Services performed up to termination by
GRPR.
Entire Agreement: The Agreement represents the
entire understanding between the Parties. In the event
of any conflict between these Advisory Terms and
Conditions and the Services Agreement, the terms of
the Services Agreement will control.
Governing Law and Dispute Resolution: This
Agreement shall be deemed to be made in the State of
Texas and shall be governed by and construed in
accordance with the laws of the State of Texas,
exclusive of its choice of law provisions. The courts of
the State of Texas sitting in Harris County, Texas shall
have jurisdiction over any and all disputes arising from
or pertaining to this Agreement. The Parties expressly
waive any other venue to which they may be entitled
by virtue of domicile or otherwise and irrevocably
submit to the exclusive jurisdiction of the Harris
County courts and waive the defense of inconvenient
forum to the maintenance of any such action or
proceeding in such venue.
Page 70
Item 9.
Page 1 of 2
To: Mayor and Town Council
From: David Hoover, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Planned Development Ordinance Prosper Hills
Town Council Meeting – September 26, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon an ordinance to rezone 73.4± acres from Agriculture (A), a portion of
Planned Development-40 (PD-40), and a portion of Single Family-12.5 (SF-12.5) to Planned
Development-Single Family (PD-SF), generally to allow for a residential development, located on
the southeast corner of Prosper Trail and Teel Parkway. (Z21-0010)
Description of Agenda Item:
On July 25, 2023, the Town Council approved the proposed rezoning request, by a vote of 7-0.
An ordinance has been prepared accordingly. The Development Agreement between the Town
of Prosper and Prosper Hills, LLC, is also on the September 26, 2023, Town Council agenda for
consideration.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Ordinance
2. Ordinance Exhibits
Town Staff Recommendation:
Town Staff recommends approval of an ordinance to rezone 73.4± acres from Agriculture (A), a
portion of Planned Development-40 (PD-40), and a portion of Single Family-12.5 (SF-12.5) to
Planned Development-Single Family (PD-SF), generally to allow for a residential development,
located on the southeast corner of Prosper Trail and Teel Parkway.
PLANNING
Page 71
Item 10.
Page 2 of 2
Proposed Motion:
I move to approve/deny an ordinance to rezone 73.4± acres from Agriculture (A), a portion of
Planned Development-40 (PD-40), and a portion of Single Family-12.5 (SF-12.5) to Planned
Development-Single Family (PD-SF), generally to allow for a residential development, located on
the southeast corner of Prosper Trail and Teel Parkway.
Page 72
Item 10.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROPSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF
LAND CONSISTING OF 73.4 ACRES, MORE OR LESS, SITUATED IN THE
NETHERLY SURVEY, ABSTRACT NO. 962, IN THE TOWN OF PROSPER,
COLLIN COUNTY, TEXAS, FROM AGRICULTURE (A), A PORTION OF
PLANNED DEVELOPMENT-40 (PD-40), AND A PORTION OF SINGLE-FAMILY
12.5 (SF-12.5) TO PLANNED DEVELOPMENT-123 (PD-123), DESCRIBING
THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING
AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request (Case Z21-
0010) from Prosper Hills, LLC (“Applicant”), to rezone 73.4 acres of land, more or less, Netherly
Survey, Abstract No. 962, in the Town of Prosper, Denton County, Texas, and being more
particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes: and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required 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
Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance is amended
as follows: The zoning designation of the below described property containing 73.4 acres of land,
more or less, in the Netherly Survey, Abstract No. 962, Town of Prosper, Denton County, Texas,
and all streets, roads, and alleyways contiguous and/or adjacent thereto are hereby zoned as
Planned Development-123 and being more particularly described in Exhibit A and Exhibit B,
attached hereto and incorporated herein for all purposes as if set forth verbatim.
Page 73
Item 10.
Ordinance No. 2023-__, Page 2
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with (1) the Statement of Intent and Purpose,
attached hereto as Exhibit C; (2) the Development Standards, attached hereto as Exhibit D, all of
which are incorporated herein for all purposes as if set forth verbatim, subject to the following
condition of approval by the Town Council:
1. Approval of a Development Agreement, including, but not limited to, right-of-way and/or
easement dedication, and architectural building materials.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original record
and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up to date
by posting thereon all changes and subsequent amendments for observation, issuing
building permits, certificates of compliance and occupancy, and enforcing the zoning
ordinance. Reproduction for information purposes may from time-to-time be made of
the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of this
Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm, or corporation to make
use of said premises in some manner other than as authorized by this Ordinance, and shall be
unlawful for any person, firm, or corporation to construct on said premises any building that is not
in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation, or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars
($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate
offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from
filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it
pursuant to local, state, and federal law.
SECTION 6
Severability. Should any section, subsection, sentence, clause, or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that 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,
Page 74
Item 10.
Ordinance No. 2023-__, Page 3
subsection, clause, or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance, as amended, 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 12TH DAY OF SEPTEMBER 2023.
______________________________
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
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Item 10.
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Submittal Document in Support of
Prosper Hills
A Planned Development District
in the
Town of Prosper, Texas
August 18, 2023
Page 76
Item 10.
2
Table of Contents
Page 3 Exhibit “A” - Zoning Exhibit
Page 4 Exhibit “B” - Legal Description
Page 6 Exhibit “C” - Statement of Intent and Purpose
Page 7 Exhibit “D” - Development Standards
Page 9 Exhibit “E” - Concept Plan
Page 77
Item 10.
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EXHIBIT “A”
Zoning Exhibit
Page 78
Item 10.
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EXHIBIT “B”
Legal Description for Zoning
73.417 ACRES
BEING a tract of land located in the L. NETHERLY SURVEY, ABSTRACT NO. 962, Denton
County, Texas and being all of that tract of land described in Deed to Prosper Hills, LP, recorded
in Instrument No. 2022-117712, Official Public Records, Denton County, Texas (O.P.R.D.C.T.)
and being all of Lot 1, Block A, SEC TEEL-PROSPER ADDITION, an Addition to the Town of
Prosper, Denton County, Texas, according to the Conveyance Plat of record filed in Cabinet
2022, Slide 310, Official Records, Denton County, Texas (O.R.D.C.T.) and described in Deed to
Prosper Hills LP, recorded in Instrument No. 2022-52292, O.P.R.D.C.T., and being part of that
tract of land described in Deed to Prosper 100 LP, recorded in Instrument No. 2019-21287,
O.P.R.D.C.T., and being more particularly described as follows:
BEGINNING at a 1/2” iron rod found at the northeast corner of said Prosper Hills, LP tract and
the northwest corner of said Prosper 100 LP tract;
THENCE S 00° 12' 38" W, along the east line of said Prosper Hills, LP tract and the west line of
said Prosper 100 LP tract, passing a 1/2” iron rod found at a distance of 19.14 feet, and
continuing in all for a total distance of 805.79 feet to a point for corner;
THENCE Leaving said east line of said Prosper Hills, LP tract, over and across said Prosper 100
LP tract, the following six (6) courses and distances:
S 30° 13' 29" E, a distance of 98.75 feet to a point for corner;
S 15° 33' 55" E, a distance of 92.94 feet to a point for corner;
S 19° 11' 38" E, a distance of 92.93 feet to a point for corner;
S 20° 33' 12" E, a distance of 93.06 feet to a point for corner;
S 15° 53' 05" E, a distance of 74.81 feet to a point for corner;
S 00° 27' 40" W, a distance of 243.63 feet to a point for corner on the south line of said
Prosper 100 LP tract and the north line of Lot 3, Block X, ARTESIA NORTH PHASE 2, an
Addition to Denton County, Texas, according to the Plat of record filed in Cabinet 2017,
Slide 164, Plat Records, Denton County, Texas (P.R.D.C.T.);
THENCE N 89° 32' 20" W, along the north line of said Addition, a distance of 712.65 feet to a
point for an interior ell corner of said Prosper Hills, LP tract and the northwest corner of said
Addition;
THENCE S 00° 03' 28" W, a distance of 259.13 feet to a point for corner;
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Item 10.
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THENCE N 89° 31' 47" W, a distance of 1,308.00 feet to a point for the southwest corner of
said Prosper Hills, LP tract;
THENCE N 00° 08' 41" W, a distance of 149.49 feet to a point for corner;
THENCE N 00° 02' 02" E, a distance of 699.00 feet to a point at the beginning of a curve to
the left having a central angle of 28° 21’ 58”, a radius of 1002.46 feet, and a chord bearing and
distance of N 14° 12’ 49” W, 491.25 feet;
THENCE Along said curve to the left, an arc distance of 496.30 feet to a point on the centerline
of Teel Parkway;
THENCE N 28° 23’ 48”, along said centerline, a distance of 270.09 feet to a point at the
intersection of Teel Parkway and West Prosper Trail;
THENCE N 64° 52’ 39” E, easterly along the centerline of said West Prosper Trail, a distance of
137.22 feet to a point at the beginning of a curve to the right having a central angle of 10° 22’
49”, a radius of 800.48 feet, and a chord bearing and distance of N 70° 04’ 03” E, 144.82 feet;
THENCE Along said curve to the right, an arc distance of 145.02 feet to a point at the
beginning of a compound curve to the right, having a central angle of 04° 27’ 58”, a radius of
800.48 feet, and a chord bearing and distance of N 77° 29’ 27” E, 62.38 feet;
THENCE Along said compound curve to the right, an arc distance of 62.40 feet to a point at the
beginning of a compound curve to the right, having a central angle of 09° 40’ 15”, a radius of
800.48 feet, and a chord bearing and distance of N 84° 33’ 34” E, 134.95 feet;
THENCE Along said compound curve to the right, an arc distance of 135.11 feet to a point;
THENCE N 89° 23’ 51” E, continuing along said centerline of West Prosper Trail, a distance of
100.77 feet to a point;
THENCE N 89° 23’ 41” E, a distance of 1,560.15 feet to the POINT OF BEGINNING and
containing 3,198,044.52 square feet, or 73.417 acres of land, more or less.
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EXHIBIT “C”
Statement of Intent and Purpose for Prosper Hills, Town of Prosper, Texas
The purpose of this PD is to allow for the creation of a gated single-family residential
community that reflects the high-quality standards established by the Town of Prosper,
Texas. We anticipate these lots to be developed as individual custom homes. Located
at the southeast corner of Prosper Trail and Teel Parkway, Prosper Hills will be gated
with private streets.
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EXHIBIT “D”
Prosper Hills
Planned Development District
Planned 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 currently exists or may be amended) and Subdivision Ordinance
(as it currently exists or may be amended) shall apply.
Prosper Hills – Single-Family Residential
1. General Description: This property may develop, under the standards for
Single Family-10 District as contained in the Town’s Zoning Ordinance as it exists
or may be amended, as front entry lot product subject to the specific provisions
contained herein below. There will be no alley-served lots within the property.
The streets will be private streets.
2. Parkland Dedication: Parkland dedication shall be handled via cash in lieu of.
3. Density: The maximum number of single-family lots shall not exceed 170.
4. Area and building regulations:
Should a discrepancy exist between the City Zoning or Subdivision Ordinance and
the standards within this PD, the language herein shall prevail. The area and
building standards for the single-family lots are as follows:
A. Size of Yards:
1. Minimum Front Yard – 25 feet.
2. Minimum Side Yard – 8 feet; 15 feet on corner adjacent to side street.
3. Minimum Rear Yard – 25 feet.
B. Size of Lots:
1. Minimum Lot Area – 10,000 square feet.
2. Minimum Lot Width – 80 feet as measured along the front setback,
except for lots located on a cul-de-sac, curve or eyebrow which may have
a minimum width of 65’ at the front setback provided all other
requirements of this section are met.
3. Minimum Lot Depth – 125 feet, except that up to 20% of the lots may
have a minimum depth of 115 feet.
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Item 10.
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C. Minimum Dwelling Area: 2,400 square feet.
D. Minimum Enclosed Parking (Garage) Area: 400 square feet.
1. Carports shall not be permitted.
2. Front facing garages are permitted to extend beyond the front façade of
the main structure but may not encroach into the required front yard.
E. Maximum Height: Two and a half stories, no greater than 40 feet.
F. Maximum Lot Coverage: 50%
5. HOA, Open Space and Amenities
A. An amenity area for family-oriented activities shall be provided in the
southern portion of this community. The amenity area shall be completed
prior to the issuance of certificates of occupancy of greater than 50% of the
homes within this community. The program for the amenity area shall
contain a minimum of three (3) elements from the following list and must
contain at least one (1) element from numbers 1-4:
1) Tennis court
2) Pickleball court
3) Basketball court
4) Children’s playground facility
5) Shade structure with seating
6) Dog park
7) Bocce ball court
8) Landscape gathering area
9) Grill & picnic area
10) Convenience parking
B. A 6’ minimum width meandering trail shall be constructed along the southern
portion of the community from Teel Parkway to the amenity area and from
the amenity area to the street connection to the east.
C. This community shall be annexed into the HOA of the adjacent Park Place
community to the east.
1. The amenities in both communities may be utilized by residents from both
communities.
2. The amenity center within the Park Place community shall be completed
prior to issuance of certificate of occupancy of greater than 50% of the
homes within this community.
Page 83
Item 10.
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EXHIBIT “E”
Concept Plan
Page 84
Item 10.
Page 1 of 2
To: Mayor and Town Council
From: David Hoover, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Development Agreement Prosper Hills
Town Council Meeting – September 26, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Development Agreement
between Prosper 100 LP, Prosper Hills LLC, and the Town of Prosper relative to Prosper Hills, as
described in Planned Development-123 (PD-123). (DEVAGREE-23-0012)
Description of Agenda Item:
On July 25, 2023, the Town Council approved the proposed rezoning request, by a vote of 7-0.
A Development Agreement has been prepared accordingly. The ordinance for the zoning request,
is also on the September 26, 2023, Town Council agenda for consideration.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Development Agreement
Town Staff Recommendation:
Town Staff recommends that the Town Council authorize the Town Manager to execute a
Development Agreement between Prosper 100 LP, Prosper Hills LLC, and the Town of Prosper
relative to Prosper Hills, as described in Planned Development-123 (PD-123). (DEVAGREE-23-
0012)
PLANNING
Page 85
Item 11.
Page 2 of 2
Proposed Motion:
I move to authorize/not authorize the Town Manager to execute a Development Agreement
between Prosper 100 LP, Prosper Hills LLC, and the Town of Prosper relative to Prosper Hills, as
described in Planned Development-123 (PD-123). (DEVAGREE-23-0012)
Page 86
Item 11.
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DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and
between the Town of Prosper, Texas (“Town”) and Prosper Hills LP (“Owner”)
(individually, a “Party” and collectively, the “Parties”) to be effective (the “Effective Date”)
on the latest date executed by a Party.
WHEREAS, the Town is a home-rule municipal corporation, located in Collin
County and Denton County, Texas, organized and existing under the laws of the State of
Texas; and
WHEREAS, Owner is developing projects in the Town known as Prosper Hills
Development (“Property”), of which development previously has been approved by the
Town, a legal description of which Property is attached hereto as Exhibit A and
incorporated by reference; and
WHEREAS, the Prosper Hills Development was rezoned by the Town Council on
or about July 25, 2023, and this Agreement seeks to incorporate, in part, the negotiated
and agreed upon development standards contained in the underlying zoning ordinances,
as may be amended, and/or this Development Agreement, to recognize Owner’s
reasonable investment-backed expectations in the Developments, as may be amended,
and as more fully described herein.
NOW, THEREFORE, in consideration of the foregoing premises, and for other
good and valuable consideration the receipt and adequacy of which are hereby
acknowledged, the Parties to this Agreement agree as follows:
1. Development Standards. For any residential structure built on the
Property following the Effective Date, it shall comply with the requirements contained in
Exhibit B, “Building Materials,” attached hereto and incorporated herein. The Parties
agree and acknowledge that the provisions of this Paragraph shall apply to any residential
structure constructed subsequent to the execution of this Agreement. Nothing in this
Agreement shall be deemed to modify or otherwise amend any zoning regulation duly
adopted by the Town, previously or in the future.
2. Weed-Free Landscape Areas. Owner agrees to maintain all common
areas of the Property, excluding floodplain areas, free of weeds, tall grass, rubbish, brush
and other objectionable, unsightly or unsanitary matter, as defined in Article 6.03 of
Chapter 6 of the Town’s Code of Ordinances, as amended. Failure to comply with the
terms of this Paragraph relative to weeds, tall grass, rubbish, brush and other
objectionable, unsightly or unsanitary matter may result in the filing of a complaint against
Owner in the Town’s municipal court (or other appropriate forum) or other such action
deemed appropriate by the Town relate d to the enforcement of the terms and provisions
of this Paragraph.
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Item 11.
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3. Covenant Running with the Land. The terms, conditions, rights,
obligations, benefits, covenants and restrictions of the provisions of this Agreement shall
be deemed covenants running with the land, and shall be binding upon and inure to the
benefit of the Owner and its heirs, representatives, successors and assigns. This
Agreement shall be deemed to be incorporated into each deed and conveyance of the
Property or any portion thereof hereafter made by any other owners of the Property,
regardless of whether this Agreement is expressly referenced therein.
4. Applicability of Town Ordinances. Owner shall develop the Property, and
construct all structures on the Property, in accordance with all applicable Town
ordinances and building/construction codes.
5. Default. No Party shall be in default under this Agreement until notice of
the alleged failure of such Party to perform has been given (which notice shall set forth in
reasonable detail the nature of the alleged failure) and until such Party has been given a
reasonable time to cure the alleged failure (such reasonable time determined based on
the nature of the alleged failure, but in no event less than thirty (30) days after written
notice of the alleged failure has been given). In addition, no Party shall be in default under
this Agreement if, within the applicable cure period, the Party to whom the notice was
given begins performance and thereafter diligently and continuously pursues
performance until the alleged failure has been cured. If either Party is in default under
this Agreement, the other Party shall have the right to enforce the Agreement in
accordance with applicable law, provided, however, in no event shall any Party be liable
for consequential or punitive damages.
6. Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas, and all obligations of the parties created hereunder
are performable in Denton County, Texas. Exclusive venue for any action arising under
this Agreement shall lie in Denton County, Texas.
7. Notice. Any notices required or permitted to be given hereunder (each, a
“Notice”) shall be given by certified or registered mail, return receipt requested, to the
addresses set forth below or to such other single address as either party hereto shall
notify the other:
If to the Town: The Town of Prosper
250 W. First Street
P.O. Box 307
Prosper, Texas 75078
Attention: Town Manager
If to Owner:
Prosper Hills LP
826 Mango Court
Coppell, Texas 75019
Attention: Vijay Borra
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Item 11.
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8. Prevailing Party. In the event any person initiates or defends any legal
action or proceeding to enforce or interpret any of the terms of this Agreement, the
prevailing party in any such action or proceeding shall be entitled to recover its reasonable
costs and attorney’s fees (including its reasonable costs and attorney’s fees on any
appeal).
9. Entire Agreement. This Agreement contains the entire agreement
between the Parties hereto with respect to development of the Property and supersedes
all prior agreements, oral or written, with respect to the subject matter hereof. The
provisions of this Agreement shall be construed as a whole and not strictly for or against
any Party.
10. Savings/Severability. In the event any provision of this Agreement shall
be determined by any court of competent jurisdiction to be invalid or unenforceable, the
Agreement shall, to the extent reasonably possible, remain in force as to the balance of
its provisions as if such invalid provision were not a part hereof.
11. Binding Agreement. A telecopied facsimile of a duly executed counterpart
of this Agreement shall be sufficient to evidence the binding agreement of each party to
the terms herein, including without limitation a scanned copy sent via electronic mail by
either Party.
12. Authority to Execute. This Agreement shall become a binding obligation
on the Parties upon execution by all Parties hereto. The Town warrants and represents
that the individual executing this Agreement on behalf of the Town has full authority to
execute this Agreement and bind the Town to the same. Owner warrants and represents
that the individual(s) executing this Agreement on behalf of Owner has full authority to
execute this Agreement and bind Owner to the same. The Town Council hereby
authorizes the Town Manager of the Town to execute this Agreement on behalf of the
Town.
13. Filing in Deed Records. This Agreement, and any and all subsequent
amendments to this Agreement, shall be filed in the deed records of Denton County,
Texas.
14. Mediation. In the event of any disagreement or conflict concerning the
interpretation of this Agreement, and such disagreement cannot be resolved by the
signatories hereto, the signatories agree to submit such disagreement to nonbinding
mediation.
15. Notification of Sale or Transfer; Assignment of Agreement. Owner
shall notify the Town in writing of any sale or transfer of all or any portion of the Property,
within ten (10) business days of such sale or transfer. Owner has the right (from time to
time without the consent of the Town, but upon written notice to the Town) to assign this
Agreement, in whole or in part, and including any obligation, right, title, or interest of
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Item 11.
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Owner under this Agreement, to any person or entity (an “Assignee”) that is or will become
an owner of any portion of the Property or that is an entity that is controlled by or under
common control with Owner. Each assignment shall be in writing executed by Owner
and the Assignee and shall obligate the Assignee to be bound by this Agreement. A copy
of each assignment shall be provided to the Town within ten (10) business days after
execution. Provided that the successor owner assumes the liabilities, responsibilities,
and obligations of the assignor under this Agreement, the assigning party will be released
from any rights and obligations under this Agreement as to the Property that is the subject
of such assignment, effective upon receipt of the assignment by the Town. No
assignment by Owner shall release Owner from any liability that resulted from an act or
omission by Owner that occurred prior to the effective date of the assignment. Owner
shall maintain true and correct copies of all assignments made by Owner to Assignees,
including a copy of each executed assignment and the Assignee’s Notice information.
16. Sovereign Immunity. The Parties agree that the Town has not waived its
sovereign immunity from suit by entering into and performing its obligations under this
Agreement.
17. Effect of Recitals. The recitals contained in this Agreement: (a) are true
and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated
and entered into this Agreement; (c) are legislative findings of the Town Council; and (d)
reflect the final intent of the Parties with regard to the subject matter of this Agreement.
In the event it becomes necessary to interpret any provision of this Agreement, the intent
of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the
maximum extent possible, given full effect. The Parties have relied upon the recitals as
part of the consideration for entering into this Agreement and, but for the intent of the
Parties reflected by the recitals, would not have entered into this Agreement.
18. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
19. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile
signature will also be deemed to constitute an original.
20. Amendment. This Agreement shall not be modified or amended except in
writing signed by the Parties. A copy of each amendment to this Agreement, when fully
executed and recorded, shall be provided to each Party, Assignee and successor owner
of all or any part of the Property; however, the failure to provide such copies shall not
affect the validity of any amendment.
21. Miscellaneous Drafting Provisions. This Agreement shall be deemed
drafted equally by all Parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or principle that
the language herein is to be construed against any Party shall not apply.
Page 90
Item 11.
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IN WITNESS WHEREOF, the parties hereto have caused this document to be
executed as of the date referenced herein.
TOWN:
THE TOWN OF PROSPER, TEXAS
By: ___________________________
Name: Mario Canizaares
Title: Town Manager, Town of Prosper
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of
______________, 2023, by Mario Canizares, Town Manager of the Town of Prosper,
Texas, on behalf of the Town of Prosper, Texas.
______________________________________
Notary Public, State of Texas
My Commission Expires: _________________
Page 91
Item 11.
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OWNER:
PROSPER HILLS LP
a Texas limited partnership
By: McKinney Estate LLC
a Texas limited liability company
General Partners
By: _____________________________
Vijay Borra, Manager
STATE OF TEXAS )
)
COUNTY OF _________ )
Before me, the undersigned authority, a notary public in and for the State of Texas,
on this day personally appeared Vijay Borra, Manager of McKinney Estate LLC, a Texas
limited liability company, General Partners of Prosper Hills LP, a Texas limited
partnership, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purpose and
consideration expressed, and in the capacity therein stated, on behalf of such entities.
Given under my hand and seal of office this _____ day of ______________, 2023.
_____________________________________
Notary public in and for the State of ________
My commission expires: _________________
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EXHIBIT A
(Property Depiction)
BEING A TRACT OF SITUATED IN THE LOUIS NETHERLY SURVEY, ABSTRACT
NO. 962, TOWN OF PROSPER, DENTON COUNTY, TEXAS, AND BEING ALL OF A
TRACT OF LAND DESCRIBED IN DEED TO PROSPER HILLS, LP, RECORDED IN
INSTRUMENT NUMBER 2017-82639 OFFICIAL PUBLIC RECORDS, DENTON
COUNTY, TEXAS (O.P.R.D.C.T.), ALSO BEING A PORTION OF SEC TEEL–
PROSPER ADDITION, AN ADDITION TO THE TOWN OF PROSPER, RECORDED IN
INSTRUMENT NUMBER 2022-1306, PLAT RECORDS, DENTON COUNTY, TEXAS
(P.R.D.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY SOUTHEAST CORNER OF SAID PROSPER
HILLS, LP TRACT, SAME BEING THE SOUTHWEST CORNER OF A TRACT OF
LAND DESCRIBED IN DEED TO PROSPER 100 LP, RECORDED IN INSTRUMENT
NUMBER 2019-21287 O.P.R.D.C.T., FROM WHICH AN “X” CUT FOUND AT THE
INTERSECTION OF GREENBELT PARK LANE, AN EXISTING 50’ RIGHT -OF-WAY,
AND HUBBARD PARK AVENUE, AN EXISTING 50’ RIGHT-OF-WAY, ARTESIA
NORTH PHASE 2 (ARTESIA ADDITION), AN ADDITION TO THE TOWN OF
PROSPER, DENTON COUNTY, TEXAS, RECORDED IN INSTRUMENT NUMBER
2017-164 O.P.R.D.C.T., BEARS S 57°25’44” W, 129.03 FEET;
THENCE N 89° 32’20” W, WITH THE MOST EASTERLY SOUTH LINE OF SAID
PROSPER HILLS, LP TRACT AND THE NORTH LINE OF SAID ARTESIA ADDITION,
A DISTANCE OF 553.82 FEET TO AN INTERIOR ELL CORNER OF SAID PROSPER
HILLS, LP TRACT AND THE NORTHWEST CORNER OF LOT 3, BLOCK X, OF SAID
ARTESIA ADDITION;
THENCE S 00°03'28" W, ALONG AN EAST LINE OF SAID PROSPER HILLS LP
TRACT AND THE WEST LINE OF SAID ARTESIA ADDITION, A DISTANCE OF
259.13 FEET TO THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID
PROSPER HILLS, LP TRACT, SAME BEING THE NORTHEAST CORNER OF A
REMAINDER TRACT OF LAND DESCRIBED IN DEED TO INWOOD PLAZA JOINT
VENTURE, RECORDED IN VOLUME 4233, PAGE 738, DEED RECORDS DENTON
COUNTY, TEXAS (D.R.D.C.T.);
THENCE N 89°31'47" W, ALONG THE SOUTH LINE OF SAID PROSPER HILLS, LP
TRACT AND THE NOTH LINE OF SAID REMAINDER TRACT, A DISTANCE OF
1,308.00 FEET TO THE SOUTHWEST CORNER OF SAID PROSPER HILLS, LP
TRACT AND NORTHWEST CORNER OF SAID REMAINER TRACT, ALSO BEING ON
THE EAST LINE OF TEEL PARKWAY (A VARIABLE WIDTH RIGHT -OF-WAY);
THENCE N 00°08'41" W, ALONG THE WEST LINE OF SAID PROSPER HILLS, LP
TRACT AND THE EAST LINE OF SAID TEEL PARKWAY, A DISTANCE OF 149.49
FEET TO THE SOUTH CORNER OF SAID SEC TEEL–PROSPER ADDITION;
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THENCE N 00°02'02" E, CONTINUING ALONG THE WEST LINE OF SAID PROSPER
HILLS, SAME BEING THE EAST LINE OF SAID SEC TEEL–PROSPER ADDITION, A
DISTANCE OF 1,043.46 FEET TO THE SOUTH CORNER OF LOT 1, BLOCK A, OF
SAID SEC TEEL–PROSPER ADDITION, AND BEING THE BEGINNING OF A NON-
TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 01°08'34", A
RADIUS OF 1,060.00 FEET, AND A CHORD BEARING AND DISTANCE OF N
19°32'51" W, 21.14 FEET;
THENCE ALONG THE WEST LINE OF LOT 1, BLOCK A, OF SAID SEC TEEL–
PROSPER ADDITION THE FOLLOWING COURSES AND DISTANCES:
ALONG SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 21.14 FEET;
N 20°22'59" W, A DISTANCE OF 150.91 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 00°10'12", A
RADIUS OF 1,070.00 FEET, AND A CHORD BEARING AND DISTANCE OF N
28°18'42" W 3.18 FEET;
ALONG SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 3.18 FEET;
N 28°23'48" W, A DISTANCE OF 171.87 FEET;
N 16°39'53" E, A DISTANCE OF 49.44 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 10°03'53", A
RADIUS OF 745.00 FEET, AND A CHORD BEARING DISTANCE OF N 67°19'26" E,
130.70 FEET;
ALONG SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 130.87 FEET;
N 72°21'22" E, A DISTANCE OF 8.76 FEET TO THE WEST LINE OF SAID PROSPER
HILLS, LP TRACT;
THENCE N 00°02'02" E, ALONG THE WEST LINE OF SAID PROSPER HILLS, LP
TRACT, A DISTANCE OF 87.91 FEET TO THE NORTHWEST CORNER OF SAID
PROSPER HILLS, LP TRACT;
THENCE N 89°47'56" E, ALONG THE NORTH LINE OF SAID PROSPER HILLS, LP
TRACT, A DISTANCE OF 306.82 FEET;
THENCE N 89°24'39" E, CONTINUING ALONG THE NORTH LINE OF SAID
PROSPER HILLS, LP TRACT, A DISTANCE OF 1,560.15 FEET TO THE NORTHEAST
CORNER OF SAID PROSPER HILLS, LP TRACT, SAME BEING THE NORTHWEST
CORNER OF SAID PROSPER 100 LP TRACT;
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Item 11.
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THENCE S 00°12'38" W, ALONG THE EAST LINE OF SAID PROSPER HILLS, LP
TRACT AND THE WEST LINE OF SAID PROSPER 100 LP TRACT, A DISTANCE OF
1,469.84 FEET TO THE POINT OF BEGINNING, AND CONTAINING 70.674 ACRES
OR 3,078,580 SQUARE FEET OF LAND MORE OR LESS.
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EXHIBIT B
(Building Materials)
Single-Family Residential Structures
A. The exterior façade of a residential building or structure, excluding glass
windows and doord, shall comply with the following requirements:
1. The exterior facades shall be constructed of 100% masonry, unless
otherwise specified in this Agreement.
2. Cementious fiber board is considered masonry, but may only constitute
50% of the stories other than the first story.
3. Cementious fiber board may not be used as a façade cladding material
for portions of upper stories that are in the same vertical plane as the
first story.
4. Any portion of an upper story, excluding windows, that faces a street,
public or private open space, public or private parks, or hike and bike
trails, shall be 100% masonry and cementious fiber board may be used
for up to 20%
5. The exterior cladding of chimneys shall be brick, natural or
manufactured stone, or stucco.
6. Cementatious fiber board may be used for architectural features,
including window box-outs, bay windows, roof dormers, garage door
headers, columns, or other architectural features approved by the
Building Official.
B. The roof pitches of any building or structure, including garages, shall meet the
following roof pitch standards:
1. A minimum of 65% of the surface area of composition roofs shall
maintain a minimum roof pitch of 8:12
2. A minimum of 75% of the surface area of clay tile, cement tile, slate or
slate products, or metal roofs shall maintain a minimum roof pitch of
3:12
3. Wood roof shingles are prohibited.
Page 96
Item 11.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Engineering Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Water Impact Fees Reimbursement Agreement
(Park Place, Prosper Hills, and Prosper Meadows)
Town Council Meeting – September 26, 2023
Strategic Visioning Priority: 1. Acceleration of Infrastructure
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Water Impact Fees
Reimbursement Agreement between PPP 100 DEV LLC, PROSPER HILLS LP, PROSPER
MEADOWS LP, and the Town of Prosper, Texas, related to the extension of water lines to serve
the Park Place, Prosper Hills, and Prosper Meadows developments.
Description of Agenda Item:
PPP 100 DEV LLC, PROSPER HILLS LP, and PROSPER MEADOWS LP, are developing
multiple residential projects and are planning on constructing the following water lines:
1. twenty-four-inch (24”) line from the existing water line near the western limits of the Park
Place development (eastern limits of the Prosper Hills development) to the eastern limits
of the Park Place development (western limits of the Star Trail development)
Also, to provide the required second connection to the Town’s water system and looped water
system to serve the Park Place development, prior to the final acceptance of the first phase within
any of the three developments, the water line listed above as Project 1 must be completed and
accepted by the Town, in addition to:
A. twenty-four-inch (24”) line from the eastern limits of the Park Place development to Legacy
Drive, and one of the following:
B. twenty-four-inch (24”) line along Legacy Drive from Prosper Trail to the existing line at
Joyce Hall Elementary, or
C. the onsite water lines constructed with the Pearls of Prosper residential community with a
connection to the existing line along Legacy Drive at Joyce Hall Elementary
Since the proposed water lines are depicted on the Town of Prosper Water System Capital
Improvement Plan, the actual costs for the design and construction of the improvements are
eligible for reimbursement of water impact fees collected by the development.
ENGINEERING
SERVICES
Page 97
Item 12.
Page 2 of 2
The purpose of the Water Impact Fees Reimbursement Agreement is to outline the obligations of
the Town of Prosper, PPP 100 DEV LLC, PROSPER HILLS LP, and PROSPER MEADOWS LP,
related to the design, construction, and reimbursement of collected water impact fees to fund the
projects.
Budget Impact:
The total estimated cost for the design and construction of Project 1 is $1,406,859. The current
anticipated water impact fees owed by the Park Place, Prosper Hills, and Prosper Meadows
development is $1,990,741. In the event that full reimbursement has not been made to PPP 100
DEV LLC, PROSPER HILLS LP, and PROSPER MEADOWS LP, by the Town after the expiration
of ten (10) years from the date of the Town’s acceptance of the water line, the Town will reimburse
PPP 100 DEV LLC, PROSPER HILLS LP, and PROSPER MEADOWS LP, any shortfall.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality. PPP 100 DEV LLC, PROSPER HILLS LP, and PROSPER MEADOWS LP, will contribute
up to $2,000 towards the legal preparation fees.
Attached Documents:
1. Town of Prosper Water System Capital Improvement Plan
2. Water Impact Fees Reimbursement Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a Water
Impact Fees Reimbursement Agreement between PPP 100 DEV LLC, PROSPER HILLS LP,
PROSPER MEADOWS LP, and the Town of Prosper, Texas, related to the extension of water
lines to serve the Park Place, Prosper Hills, and Prosper Meadows developments.
Proposed Motion:
I move to authorize the Town Manager to execute a Water Impact Fees Reimbursement
Agreement between PPP 100 DEV LLC, PROSPER HILLS LP, PROSPER MEADOWS LP, and
the Town of Prosper, Texas, related to the extension of water lines to serve the Park Place,
Prosper Hills, and Prosper Meadows developments.
Page 98
Item 12.
Town of Prosper Water System Capital Improvement Plan
(PPP 100 DEV LLC, PROSPER HILLS, L.P., PROSPER MEADOWS, L.P.)
PROSPER TRAIL TEEL PARKWY LEGACY DRIVE Page 99
Item 12.
WATER IMPACT FEES REIMB AGREEMENT (PARK PLACE, PROSPER HILLS, AND PROSPER MEADOWS)
Page 1 of 21
WATER IMPACT FEES REIMBURSEMENT AGREEMENT
(PARK PLACE, PROSPER HILLS & PROSPER MEADOWS)
THIS WATER IMPACT FEES REIMBURSEMENT AGREEMENT (“Agreement”)
is made and entered into this ___ day of _______________, 2023, by and between the
TOWN OF PROSPER, TEXAS (“Prosper” or the “Town”), and PPP 100 DEV LLC, a
Texas limited liability company (“Park Place”), PROSPER HILLS LP, a Texas limited
partnership (“Prosper Hills”), and PROSPER MEADOWS LP, a Texas limited partnership
(“Prosper Meadows”), and collectively Park Place, Prosper Hills, and Prosper Meadows
are referenced herein as “Developer,” collectively referred to as the “Parties.”
W I T N E S S E T H:
WHEREAS, Developer is developing multiple projects in the Town known as Park
Place, Prosper Hills, and Prosper Meadows, and
WHEREAS, the legal descriptions of the Park Place Prosper Hills, and Prosper
Meadows properties (“Property”) are attached hereto as Exhibit A; and
WHEREAS, pursuant to the Water and Wastewater Improvement Plan (the
“Master Water Plan”), Developer desires, subject to the terms and conditions set forth
herein, to construct certain Water Improvements (as defined in Paragraph 3(b), below) to
serve the Property; and
WHEREAS, Developer desires to fulfill a portion of its obligation to pay Water
Impact Fees (as defined in Paragraph 3(a), below) as prescribed in Article 10.02 of
Chapter 10 of the Town’s Code of Ordinances, as amended (the “Impact Fee
Ordinance”); and
WHEREAS, this Agreement clearly is in the best interests of the Town and
Developer and it is deemed mutually beneficial to each that the construction of water
lines to and in Park Place proceed uniformly.
NOW, THEREFORE, in consideration of the foregoing premises and for other good
and valuable consideration, the receipt and adequacy of which are hereby acknowledged,
the Town and Developer covenant and agree as follows:
1. Land Subject to Agreement. The land that is subject to this Agreement is
the Property. Developer represents that it is the sole owner of the Property.
2. Easements.
(a) Within one hundred eighty (180) days of the Effective Date, Developer
agrees to convey easements and right-of-way, free and clear of liens and encumbrances,
by instrument acceptable to Town with the actual locations to be determined by Town
upon completion of the final engineering (the “Easement Parcels”), which shall include
Page 100
Item 12.
WATER IMPACT FEES REIMB AGREEMENT (PARK PLACE, PROSPER HILLS, AND PROSPER MEADOWS)
Page 2 of 21
permanent water easements. The final widths of the Easement Parcels will be
determined upon completion of the final engineering, as approved by Town.
(b) The Parties shall cooperate with each other in obtaining from third parties
any and all easements, including, but not limited to, permanent easements and temporary
construction easements (the “Third Party Water Improvement Easements” and “Third
Party Temporary Construction Easements,” respectively) which are necessary or
appropriate, as reasonably determined by Town, for timely construction, completion and
dedication of the Water Improvements required herein as follows:
(i) Developer’s Responsibilities. Developer shall be responsible for any
and all costs and expenses associated with acquiring, by purchase or condemnation, all
Third Party Water Improvements Easements and Third Party Temporary Construction
Easements, including, but not limited to, title work, appraisals, expert fees, attorneys’ fees
and expenses, engineering fees and expenses, surveying fees and expenses, court
costs, commissioner’s fees and costs of appeal, if any (the “Easement Acquisition
Fees”). If requested by Town, Developer shall, at its sole cost and expense, lead all
easement acquisition efforts for the Third Party Water Improvements Easements and
Third Party Temporary Construction Easements, including, but not limited to, providing
all necessary engineering and surveying support required to obtain the Third Party Water
Improvements Easements and Third Party Temporary Construction Easements as
required herein. Developer shall pay any and all Easement Acquisition Fees within seven
(7) calendar days of receiving a written request from Town for the same.
(ii) Town’s Rights and Responsibilities. Town will, at Developer’s sole
cost and expense, provide, among any other assistance deemed necessary by Town,
technical, engineering, legal and administrative assistance, as selected by Town, to
acquire, by purchase or condemnation, the Third Party Water Improvements Easements
and Third Party Temporary Construction Easements. Town shall review and approve any
and all documents associated with the Third Party Water Improvements Easements and
Third Party Temporary Construction Easements required herein. If Town determines, in
its sole discretion, that condemnation proceedings are necessary to secure the Third
Party Water Improvements Easements and Third Party Temporary Construction
Easements, Town shall have the right to, at Developer’s sole cost and expense, take any
and all steps Town deems necessary to initiate said proceedings.
(c) The Third Party Water Improvements Easements and Third Party
Temporary Construction Easements shall be filed and recorded prior to the
commencement of construction of the Water Improvements or any portion thereof, unless
a right of entry is secured, a condemnation award is tendered with the Registry of the
Court and/or a right of possession by any other means is obtained on an earlier date, in
which event Developer may commence construction prior to recording of the Third Party
Water Improvements Easements and Third Party Temporary Construction Easements.
(d) If the Third Party Water Improvements Easements and Third Party
Temporary Construction Easements are not obtained, or Town has not secured the right
Page 101
Item 12.
WATER IMPACT FEES REIMB AGREEMENT (PARK PLACE, PROSPER HILLS, AND PROSPER MEADOWS)
Page 3 of 21
to possess, in a form acceptable to Town, the land to be subject to the Third Party Water
Improvement Easements, within ninety (90) days after the execution hereof on terms
acceptable to Town, then Town shall commence, and thereafter diligently pursue to
completion, condemnation proceedings to obtain such Third Party Water Improvement
Easements as soon as reasonably possible. Notwithstanding anything to the contrary
herein, Town may, in its sole discretion, initiate condemnation proceedings prior to the
expiration of such ninety (90) days as provided in Paragraph 2(b)(ii), above.
3. Water Improvements.
(a) Subject to the provisions of this Paragraph 3 and this Agreement, the
Property will be assessed Water Impact Fees at the rates then in effect pursuant to the
Impact Fee Ordinance as it presently exists or may be subsequently amended (the
“Water Impact Fees”).
(b) Developer shall, at its sole cost and expense, except as provided in
Paragraph 4, below, construct and install a: (i) twenty-four inch (24”) water line along
Prosper Trail from the connection to the existing line near the western limits of Park Place
to the eastern limits of Park Place as depicted on the Master Water Plan and in the
locations generally depicted on Exhibit B, attached hereto and incorporated herein for all
purposes (collectively referred to herein as the “Water Improvements”).
In addition to the completion and acceptance by the Town of the Water
Improvements identified in Paragraph 3.(b), Developer acknowledges that the completion
and acceptance by the Town of additional water improvements noted below is required
prior to the final acceptance of the first phase of any development within the Property.
Developer or others shall construct and install: (A) a twenty-four inch (24”) water along
Prosper Trail from the eastern boundary of Park Place to the intersection with future
Legacy Drive, and either (B) a twenty-four inch (24”) water along Legacy Drive from the
intersection with Prosper Trail to the connection to the existing line at Joyce Hall
Elementary OR (C) an onsite system constructed within the Pearls of Prosper residential
community with a connection to the existing line along Legacy Drive at Joyce Hall
Elementary. These improvements are depicted on the Master Water Plan and in the
locations generally depicted on Exhibit B, attached hereto and incorporated herein for all
purposes (collectively referred to herein as the “Offsite Improvements”).
(c) Developer shall bid the construction of each portion of the Water
Improvements as shown in the related construction plans set with three (3) qualified
contractors and shall provide copies of the bids received for such items to Town within
five (5) business days of Developer’s receipt of same. Developer shall: (i) execute a
contract for the construction of each portion of the Water Improvements with the lowest
responsible bidder, as mutually and reasonably determined by Town and Developer; (ii)
commence, or cause to be commenced, construction of each portion of the Water
Improvements within the project development schedule following: (A) the execution of this
Agreement and all of the Third Party Water Improvement Easements and Third Party
Temporary Construction Easements; and (B) approval of the Water Improvements’
Page 102
Item 12.
WATER IMPACT FEES REIMB AGREEMENT (PARK PLACE, PROSPER HILLS, AND PROSPER MEADOWS)
Page 4 of 21
engineering plans, specifications and designs by Town’s Engineer, which approval shall
not be unreasonably withheld or delayed; (iii) construct each portion of the Water
Improvements in accordance with Town-approved engineering plans, specifications and
designs; and (iv) complete each portion of the Water Improvements and obtain Town’s
acceptance of same prior to Town’s final acceptance of the Water Improvements.
(d) Developer represents that the estimated Water Improvements construction
costs are One Million Four Hundred Six Thousand, Eight Hundred Fifty-Nine and No/100
Dollars ($1,406,859.00), as more particularly described in Exhibit D, attached hereto and
incorporated herein for all purposes (the “Estimated Construction Costs”). Developer
acknowledges and agrees that Town is relying on Developer’s engineer’s representation
and warranty that the Estimated Construction Costs are as described in Exhibit D. Prior
to receiving any credit described in Paragraph 4 below, Developer shall tender to Town
evidence, in a form(s) reasonably acceptable to Town, that all of the Water Improvements
construction costs (the “Water Improvement Costs”) have been paid by Developer,
including but not limited to, Affidavits of Payment/Affidavits as to Debts and Liens and any
other evidence reasonably required by Town (“Evidence of Payment(s)”).
4. Reimbursement from Water Impact Fees.
(a) Provided Developer completes the Water Improvements in accordance with
this Agreement, Developer shall receive reimbursement of its Water Improvement Costs
from the Water Impact Fees collected by Town related to service from the Water
Improvements, subject to the terms of this Agreement.
(b) A depiction of the service areas for the Water Improvements is attached
hereto as Exhibit C and made part hereof (the “Water Service Areas”). The Water
Service Areas may be expanded from time to time and, upon such expansion, Exhibit C
shall be amended accordingly.
(c) Water Impact Fees collected by Town related to service from the Water
Improvements, including fees collected with respect to service to property other than the
Property, shall be paid to Developer until the entire amount due to Developer is paid in
full.
(d) The reimbursement amount shall be an amount equal to the actual
construction costs associated with the Water Improvements (the “Water Costs
Reimbursement”). The phrase “construction costs” as used herein shall include design
costs, construction costs, engineering costs, surveying costs and geotechnical materials
testing associated with the Water Improvements.
(e) All Water Impact Fees collected by Town shall be paid by Town to
Developer on a quarterly basis within thirty (30) days following each March 31, June 30,
September 30, and December 31 until Developer has received the full amount of Water
Costs Reimbursements, as it may be adjusted in accordance with this Agreement.
Page 103
Item 12.
WATER IMPACT FEES REIMB AGREEMENT (PARK PLACE, PROSPER HILLS, AND PROSPER MEADOWS)
Page 5 of 21
(f) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TOWN
SHALL NOT BE OBLIGATED TO PROVIDE THE PROPERTY WITH THE WATER
COSTS REIMBURSEMENT FOR ANY CONSTRUCTION COSTS ASSOCIATED WITH
THE WATER IMPROVEMENTS UNLESS AND UNTIL DEVELOPER PROVIDES THE
EVIDENCE OF PAYMENT(S).
(g) Developer and Town acknowledge and agree that: (i) the Water Impact
Fees collected may be less than the Water Costs Reimbursements to which Developer is
entitled and Town does not guarantee the amount of Water Impact Fees that will be
collected; (ii) after a period of ten (10) years, any shortfall between the Water Impact Fees
collected and the Water Costs Reimbursements shall be paid to Developer from Town;
and (iii) Water Impact Fees owed on the Property shall be paid in accordance with the
Impact Fee Ordinance.
5. Assignment. Developer shall have the right to assign this Agreement, in
whole or in part, only to one or more parties purchasing undeveloped portions of Park
Place, which party (or parties) shall have the option to construct any Water CIP Projects
located in such portions. As to the sale of land by Developer to any party to whom this
Agreement has not been assigned, in whole or in part, the purchaser thereof shall have
no rights or obligations under this Agreement and this Agreement shall not apply with
respect to such land. This Agreement shall not be filed of record.
6. Default.
(a) If Developer fails to comply with any provision of this Agreement after
receiving fifteen (15) days’ written notice to comply from the Town or such longer period
as may be reasonably necessary provided that Developer commences to cure the default
or breach within the 15-day period and proceeds with reasonable diligence thereafter to
complete such cure, then so long as such default continues and is not cured, the Town
shall have the following remedies, in addition to the Town’s other rights and remedies:
(i) to refuse to issue building permits for the Property; and/or
(ii) to refuse to accept any portion of any public improvements on the
Property and/or associated with the development of the Property; and/or
(iii) to refuse, without notice and/or any other action, to issue and/or
apply the reimbursements set forth in Paragraph 4; and/or
(iv) to construct and/or complete the Water Improvements and to recover
any and all costs and expenses associated with the construction and/or completion of
same, including, but not limited to, any and all attorneys’ fees and costs associated
therewith; and/or
(v) to seek specific enforcement of this Agreement.
Page 104
Item 12.
WATER IMPACT FEES REIMB AGREEMENT (PARK PLACE, PROSPER HILLS, AND PROSPER MEADOWS)
Page 6 of 21
(b) In the event Town fails to comply with the terms and conditions of this
Agreement, Developer may seek specific enforcement of this Agreement as its sole and
exclusive remedy.
7. Other Applicable Development Ordinances. Unless otherwise expressly
stipulated in this Agreement, nothing herein shall relieve any developer from
responsibilities for the construction of other public improvements under applicable
development ordinances of the Town.
8. Covenant Running with Land. This Agreement shall be a covenant
running with the land and the Property and shall be binding upon Developer, its officers,
directors, partners, employees, representatives, agents, successors, assignees, vendors,
grantees and/or trustees. In addition, the Parties shall cause this Agreement to be filed
in the Real Property Records of Denton County, Texas.
9. Limitations of Agreement. The Parties hereto acknowledge that this
Agreement is limited to the Water Impact Fees as described in the Impact Fee Ordinance.
Town ordinances covering property taxes, utility rates, permit fees, inspection fees,
development fees, sewer impact fees, park fees, tap fees, pro-rata fees and the like are
not affected by this Agreement. Further, this Agreement does not waive or limit any of
the obligations of Developer to Town under any other ordinance, whether now existing or
in the future arising.
10. Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas, and all obligations of the Parties created hereunder
are performable in Denton County, Texas.
11. Notices. Any notice provided or permitted to be given under this
Agreement must be in writing and may be served by depositing same in the United States
mail, addressed to the Party to be notified, postage pre-paid and registered or certified
with return receipt requested, or by delivering the same in person to such Party via
facsimile or a hand–delivery service, Federal Express or any courier service that provides
a return receipt showing the date of actual delivery of same to the addressee thereof.
Notice given in accordance herewith shall be effective upon receipt at the address of the
addressee. For purposes of notice, the addresses of the Parties shall be as follows:
If to Town, addressed to it at:
Town of Prosper
ATTN: Town Manager
P. O. Box 307
250 W. First Street
Prosper, Texas 75078
Telephone: (972) 346-2640
Page 105
Item 12.
WATER IMPACT FEES REIMB AGREEMENT (PARK PLACE, PROSPER HILLS, AND PROSPER MEADOWS)
Page 7 of 21
With a copy to:
Brown & Hofmeister, L.L.P.
ATTN: Terrence S. Welch, Esq.
740 E. Campbell Road
Richardson, TX 75081
Telephone: (214) 747-6104
If to Developer, addressed to it at:
PPP 100 DEV LLC
ATTN: Vijay Borra
826 Mango Court
Coppell, TX 75019
Telephone: (972) 304-0506
PROSPER HILLS LP
ATTN: Vijay Borra
826 Mango Court
Coppell, TX 75019
Telephone: (972) 304-0506
PROSPER MEADOWS LP
ATTN: Vijay Borra
826 Mango Court
Coppell, TX 75019
Telephone: (972) 304-0506
With a copy to:
Poche Law PC
ATTN: Charles Poche, Jr. Esq.
15770 North Dallas Parkway, Suite 475
Dallas, TX 75248
Telephone: (214) 764-0961
12. Prevailing Party. In the event any person initiates or defends any legal
action or proceeding to enforce or interpret any of the terms of this Agreement, the
prevailing party in any such action or proceeding shall be entitled to recover its reasonable
costs and attorney’s fees (including its reasonable costs and attorney’s fees on any
appeal).
13. Sovereign Immunity. The Parties agree that Town has not waived its
sovereign immunity by entering into and performing its obligations under this Agreement;
however, for purposes of enforcement of this Agreement, Town agrees that it has waived
its sovereign immunity, and to that extent only.
Page 106
Item 12.
WATER IMPACT FEES REIMB AGREEMENT (PARK PLACE, PROSPER HILLS, AND PROSPER MEADOWS)
Page 8 of 21
14. Effect of Recitals. The recitals contained in this Agreement: (a) are true
and correct as of the effective date; (b) form the basis upon which the Parties negotiated
and entered into this Agreement; (c) are legislative findings of the Town Council; and (d)
reflect the final intent of the Parties with regard to the subject matter of this Agreement.
In the event it becomes necessary to interpret any provision of this Agreement, the intent
of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the
maximum extent possible, given full effect. The Parties have relied upon the recitals as
part of the consideration for entering into this Agreement and, but for the intent of the
Parties reflected by the recitals, would not have entered into this Agreement.
15. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
16. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile
signature will also be deemed to constitute an original if properly executed.
17. Entire Agreement. This Agreement contains the entire agreement
between the Parties hereto and supersedes all prior agreements, oral or written, with
respect to the subject matter hereof. The provisions of this Agreement shall be construed
as a whole and not strictly for or against any Party.
18. Savings/Severability. Invalidation of any one of the provisions of this
document by judgment or court order shall in no way affect any of the other provisions,
which shall remain in full force and effect. In the event any provision of this Agreement
shall be determined by any court of competent jurisdiction to be invalid or unenforceable,
the Agreement shall, to the extent reasonably possible, remain in force as to the balance
of its provisions as if such invalid provision were not a part hereof.
19. Notification of Sale or Transfer. Developer shall notify the Town in writing
of a sale or transfer of all or any portion of the Property where Developer plans to assign
all or a portion of this Agreement, as contemplated herein, within ten (10) business days
of such sale or transfer.
20. Authority to Execute. The Agreement shall become a binding obligation
on the signatories upon execution by all signatories hereto. The Town warrants and
represents that the individual executing this Agreement on behalf of the Town has full
authority to execute this Agreement and bind the Town to the same. Developer warrants
and represents that the individual executing this Agreement on behalf of Developer has
full authority to execute this Agreement and bind Developer to the same. This Agreement
is and shall be binding upon the Developer, its successors, heirs, assigns, grantees,
vendors, trustees, representatives, and all others holding any interest now or in the future.
Page 107
Item 12.
WATER IMPACT FEES REIMB AGREEMENT (PARK PLACE, PROSPER HILLS, AND PROSPER MEADOWS)
Page 9 of 21
21. Mediation. In the event of any disagreement or conflict concerning the
interpretation of this Agreement, and such disagreement cannot be resolved by the
signatories hereto, the signatories agree to submit such disagreement to mediation.
22. Indemnification. From the Effective Date of this Agreement to the date on
which all work with respect to a Water CIP Project is completed and all improvements, as
contemplated herein, have been accepted by the Town, Developer, individually and on
behalf of its respective officers, directors, partners, employees, representatives, agents,
successors, assignees, vendors, grantees and/or trustees, does hereby agree to release,
defend, indemnify and hold harmless the Town and its elected and appointed officials,
officers, employees and agents from and against all damages, injuries (including death),
claims, property damages (including loss of use) losses, demands, suits, judgments and
costs, including reasonable attorney’s fees and expenses (including attorney’s fees and
expenses incurred in enforcing this indemnity), caused by the negligent, grossly
negligent, and/or intentional act and/or omission of the applicable developer, its officers,
directors, partners, employees, representatives, agents, or any other third parties for
whom such developer is legally responsible, in its/their performance of this Agreement,
including but not limited to, the construction of the Water CIP Projects contemplated
herein (hereinafter “claims”). Developer is expressly required to defend the Town against
all such claims arising under this Agreement, and the Town is required to reasonably
cooperate and assist developer(s) in providing such defense.
23. Approval of Counsel. In its reasonable discretion, the Town shall have
the right to approve counsel to be retained by Developer in fulfilling its obligation
hereunder to defend and indemnify the Town. The Town reserves the right to provide a
portion or all of its’ own defense, at its sole cost; however, the Town is under no obligation
to do so. Any such action by the Town is not to be construed as a waiver of Developer’s
obligation to defend the Town or as a waiver of Developer’s obligation to indemnify the
Town pursuant to this Agreement. Developer shall retain Town-approved defense
counsel within seven (7) business days of the Town’s written notice that the Town is
invoking its right to indemnification under this Agreement.
24. Survival. Paragraph 22, “Indemnification,” shall survive the termination of
this Agreement.
25. Additional Representations. Each signatory represents this Agreement
has been read by the Party for which this Agreement is executed and that such Party has
had the opportunity to confer with its counsel.
26. Miscellaneous Drafting Provisions. This Agreement shall be deemed
drafted equally by all Parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or principle that
the language herein is to be construed against any Party shall not apply.
Page 108
Item 12.
WATER IMPACT FEES REIMB AGREEMENT (PARK PLACE, PROSPER HILLS, AND PROSPER MEADOWS)
Page 10 of 21
27. No Third Party Beneficiaries. Nothing in this Agreement shall be
construed to create any right in any third party not a signatory to this Agreement, and the
Parties do not intend to create any third party beneficiaries by entering into this
Agreement.
28. Rough Proportionality. Developer hereby agrees that any land or
property donated and/or dedicated pursuant to this Agreement, whether in fee simple or
otherwise, to the Town relative to any development on the Property is roughly proportional
to the need for such land and Developer hereby waives any claim therefor that it may
have. Developer further acknowledges and agrees that all prerequisites to such a
determination of rough proportionality have been met, and that any costs incurred relative
to said donation are related both in nature and extent to the impact of the development
referenced herein. Both Developer and the Town further agree to waive and release all
claims one may have against the other related to any and all rough proportionality and
individual determination requirements mandated by the United States Supreme Court in
Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other
requirements of a nexus between development conditions and the provision of roadway
services to the Property.
29. Attorney’s Fees. Developer agrees to pay, or cause to be paid, to Prosper
any attorney’s fees charged to Prosper by Prosper’s legal counsel for, among other
things, legal review and revision of this Agreement and all further agreements, ordinances
or resolutions contemplated by this Agreement, negotiations and discussions with
Developer’s attorney and the provision of advice to applicable Prosper Town Staff and
the Prosper Town Council, in an amount not to exceed $2,000 within ten (10) days upon
receipt of an invoice of same from Prosper.
IN WITNESS WHEREOF, the Parties hereto have caused this document to be
executed as of the date first above written.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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WATER IMPACT FEES REIMB AGREEMENT (PARK PLACE, PROSPER HILLS, AND PROSPER MEADOWS)
Page 11 of 21
THE TOWN OF PROSPER, TEXAS
By: __________________________________
Name: Mario Canizares
Title: Town Manager
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ____ day of
_______________, 2023, by Mario Canizares, Town Manager for the Town of Prosper,
Texas, on behalf of the Town of Prosper, Texas.
_____________________________________
Notary Public, State of Texas
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Item 12.
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Item 12.
WATER IMPACT FEES REIMB AGREEMENT (PARK PLACE, PROSPER HILLS, AND PROSPER MEADOWS)
Page 15 of 21
EXHIBIT A
(Property Legal Description)
Park Place
BEING A TRACT OF LAND SITUATED IN THE JOHN H. DURRETT SURVEY, ABSTRACT NO.
350 AND THE LOUISA NETHERLY SURVEY, ABSTRACT NO. 962, DENTON COUNTY,
TEXAS, AND BEING PART OF A TRACT OF LAND DESCRIBED IN DEED TO PROSPER 100
LP, ACCORDING TO THE DOCUMENT RECORDED IN INSTRUMENT NO. 2019-21287,
OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS (O.P.R.C.C.T.), AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PROSPER 100 LP TRACT AND THE
NORTHEAST CORNER OF LOT 1, BLOCK X, ARTESIA NORTH PHASE 4, AN ADDITION TO
THE TOWN OF PROSPER, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT
RECORDED IN CABINET 2016, SLIDE 76, PLAT RECORDS, DENTON COUNTY, TEXAS
(P.R.C.C.T.), ALSO BEING ON THE WEST LINE OF A TRACT OF LAND DESCRIBED IN DEED
AS TRACT IV TO BLUE STAR ALLEN LAND, LP, RECORDED IN INSTRUMENT NO. 2011-
60030, O.P.R.C.C.T.,
THENCE N 89° 32' 20" W, ALONG THE SOUTH LINE OF SAID PROSPER 100 LP TRACT, A
DISTANCE OF 2,909.87 FEET TO SOUTWEST CORNER OF SAID PROSPER 100 LP TRACT,
SAME BEING THE MOST EASTERLY SOUTHEAT CORNER OF A TRACT OF LAND
DESCRIBED IN DEED TO PROSPER HILLS, LP, ACCORDING TO THE DOCUMENT
RECORDED IN INSTRUMENT NO. 2022-117712, O.P.R.C.C.T., ALSO BEING ON THE NORTH
LINE OF LOT 3, BLOCK X, ARTESIA NORTH PHASE 2, AN ADDITION TO THE TOWN OF
PROSPER, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN
CABINET 2017, SLIDE 164, P.R.C.C.T.;
THENCE N 00° 12' 38" E, ALONG THE WEST LINE OF SAID PROSPER 100 LP TRACT AND
THE EAST LINE OF SAID PROSPER HILLS LLC TRACT, A DISTANCE OF 1,469.84 FEET TO
THE NORTHWEST CORNER OF SAID PROSPER 100 LP TRACT AND THE NORTHEAST
CORNER OF SAID PROSPER HILLS LLC TRACT;
THENCE N 89° 24' 39" E, ALONG THE NORTH LINE OF SAID PROSPER 100 LP TRACT, A
DISTANCE OF 1,852.41 FEET TO A 5/8" IRON ROD FOUND AT THE SOUTHEAST CORNER
OF A TRACT OF LAND DESCRIBED IN DEED TO PROSPER MEADOWS LP, ACCORDING
TO THE DOCUMENT RECORDED IN INSTRUMENT NO. 2019-65177, O.P.R.C.C.T.;
THENCE N 89° 20' 59" E, ALONG THE NORTH LINE OF SAID PROSPER 100 LP TRACT AND
THE SOUTH LINE OF SAID PROSPER MEADOWS LP TRACT, A DISTANCE OF 1,057.81
FEET TO THE NORTHEAST CORNER OF SAID PROSPER 100 LP TRACT AND THE
NORTHWEST CORNER OF THE ABOVE MENTIONED TRACT IV;
THENCE S 00° 12' 49" W, ALONG THE EAST LINE OF SAID PROSPER 100 LP TRACT AND
THE WEST LINE OF SAID TRACT IV, A DISTANCE OF 1,524.31 FEET TO THE POINT OF
BEGINNING, AND CONTAINING 99.983 ACRES OR 4,355,272 SQUARE FEET OF LAND
MORE OR LESS
Page 114
Item 12.
WATER IMPACT FEES REIMB AGREEMENT (PARK PLACE, PROSPER HILLS, AND PROSPER MEADOWS)
Page 16 of 21
Prosper Hills
BEING A TRACT OF SITUATED IN THE LOUIS NETHERLY SURVEY, ABSTRACT NO. 962,
TOWN OF PROSPER, DENTON COUNTY, TEXAS, AND BEING ALL OF A TRACT OF LAND
DESCRIBED IN DEED TO PROSPER HILLS, LP, RECORDED IN INSTRUMENT NUMBER
2017-82639 OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS (O.P.R.D.C.T.), ALSO
BEING A PORTION OF SEC TEEL–PROSPER ADDITION, AN ADDITION TO THE TOWN OF
PROSPER, RECORDED IN INSTRUMENT NUMBER 2022-1306, PLAT RECORDS, DENTON
COUNTY, TEXAS (P.R.D.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY SOUTHEAST CORNER OF SAID PROSPER HILLS,
LP TRACT, SAME BEING THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED
IN DEED TO PROSPER 100 LP, RECORDED IN INSTRUMENT NUMBER 2019-21287
O.P.R.D.C.T., FROM WHICH AN “X” CUT FOUND AT THE INTERSECTION OF GREENBELT
PARK LANE, AN EXISTING 50’ RIGHT-OF-WAY, AND HUBBARD PARK AVENUE, AN
EXISTING 50’ RIGHT-OF-WAY, ARTESIA NORTH PHASE 2 (ARTESIA ADDITION), AN
ADDITION TO THE TOWN OF PROSPER, DENTON COUNTY, TEXAS, RECORDED IN
INSTRUMENT NUMBER 2017-164 O.P.R.D.C.T., BEARS S 57°25’44” W, 129.03 FEET;
THENCE N 89° 32’20” W, WITH THE MOST EASTERLY SOUTH LINE OF SAID PROSPER
HILLS, LP TRACT AND THE NORTH LINE OF SAID ARTESIA ADDITION, A DISTANCE OF
553.82 FEET TO AN INTERIOR ELL CORNER OF SAID PROSPER HILLS, LP TRACT AND
THE NORTHWEST CORNER OF LOT 3, BLOCK X, OF SAID ARTESIA ADDITION;
THENCE S 00°03'28" W, ALONG AN EAST LINE OF SAID PROSPER HILLS LP TRACT AND
THE WEST LINE OF SAID ARTESIA ADDITION, A DISTANCE OF 259.13 FEET TO THE
MOST SOUTHERLY SOUTHEAST CORNER OF SAID PROSPER HILLS, LP TRACT, SAME
BEING THE NORTHEAST CORNER OF A REMAINDER TRACT OF LAND DESCRIBED IN
DEED TO INWOOD PLAZA JOINT VENTURE, RECORDED IN VOLUME 4233, PAGE 738,
DEED RECORDS DENTON COUNTY, TEXAS (D.R.D.C.T.);
THENCE N 89°31'47" W, ALONG THE SOUTH LINE OF SAID PROSPER HILLS, LP TRACT
AND THE NOTH LINE OF SAID REMAINDER TRACT, A DISTANCE OF 1,308.00 FEET TO
THE SOUTHWEST CORNER OF SAID PROSPER HILLS, LP TRACT AND NORTHWEST
CORNER OF SAID REMAINER TRACT, ALSO BEING ON THE EAST LINE OF TEEL
PARKWAY (A VARIABLE WIDTH RIGHT-OF-WAY);
THENCE N 00°08'41" W, ALONG THE WEST LINE OF SAID PROSPER HILLS, LP TRACT
AND THE EAST LINE OF SAID TEEL PARKWAY, A DISTANCE OF 149.49 FEET TO THE
SOUTH CORNER OF SAID SEC TEEL–PROSPER ADDITION;
THENCE N 00°02'02" E, CONTINUING ALONG THE WEST LINE OF SAID PROSPER HILLS,
SAME BEING THE EAST LINE OF SAID SEC TEEL–PROSPER ADDITION, A DISTANCE OF
1,043.46 FEET TO THE SOUTH CORNER OF LOT 1, BLOCK A, OF SAID SEC TEEL–
PROSPER ADDITION, AND BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE
LEFT HAVING A CENTRAL ANGLE OF 01°08'34", A RADIUS OF 1,060.00 FEET, AND A
CHORD BEARING AND DISTANCE OF N 19°32'51" W, 21.14 FEET;
Page 115
Item 12.
WATER IMPACT FEES REIMB AGREEMENT (PARK PLACE, PROSPER HILLS, AND PROSPER MEADOWS)
Page 17 of 21
THENCE ALONG THE WEST LINE OF LOT 1, BLOCK A, OF SAID SEC TEEL–PROSPER
ADDITION THE FOLLOWING COURSES AND DISTANCES:
ALONG SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 21.14 FEET;
N 20°22'59" W, A DISTANCE OF 150.91 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 00°10'12", A
RADIUS OF 1,070.00 FEET, AND A CHORD BEARING AND DISTANCE OF
N 28°18'42" W 3.18 FEET;
ALONG SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 3.18 FEET;
N 28°23'48" W, A DISTANCE OF 171.87 FEET;
N 16°39'53" E, A DISTANCE OF 49.44 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 10°03'53", A
RADIUS OF 745.00 FEET, AND A CHORD BEARING DISTANCE OF N 67°19'26" E,
130.70 FEET;
ALONG SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 130.87 FEET;
N 72°21'22" E, A DISTANCE OF 8.76 FEET TO THE WEST LINE OF SAID PROSPER
HILLS, LP TRACT;
THENCE N 00°02'02" E, ALONG THE WEST LINE OF SAID PROSPER HILLS, LP TRACT, A
DISTANCE OF 87.91 FEET TO THE NORTHWEST CORNER OF SAID PROSPER HILLS, LP
TRACT;
THENCE N 89°47'56" E, ALONG THE NORTH LINE OF SAID PROSPER HILLS, LP TRACT, A
DISTANCE OF 306.82 FEET;
THENCE N 89°24'39" E, CONTINUING ALONG THE NORTH LINE OF SAID PROSPER
HILLS, LP TRACT, A DISTANCE OF 1,560.15 FEET TO THE NORTHEAST CORNER OF
SAID PROSPER HILLS, LP TRACT, SAME BEING THE NORTHWEST CORNER OF SAID
PROSPER 100 LP TRACT;
THENCE S 00°12'38" W, ALONG THE EAST LINE OF SAID PROSPER HILLS, LP
TRACT AND THE WEST LINE OF SAID PROSPER 100 LP TRACT, A DISTANCE OF 1,469.84
FEET TO THE POINT OF BEGINNING, AND CONTAINING 70.674 ACRES OR 3,078,580
SQUARE FEET OF LAND MORE OR LESS
Page 116
Item 12.
WATER IMPACT FEES REIMB AGREEMENT (PARK PLACE, PROSPER HILLS, AND PROSPER MEADOWS)
Page 18 of 21
Prosper Meadows
Being a tract of land situated in the J.H. Durrant Survey, Abstract Number 350, John McKim
Survey, Abstract Number 889, and the Aaron Roberts Survey, Abstract Number 1115, and being
all of that tract of land described in deed to Prosper Meadows LP, according to the document
recorded in Instrument Number 2019-65177, Official Public Records, Denton County, Texas
(O.P.R.D.C.T.), and being more particularly described as follows:
BEGINNING at the northwest corner of said Prosper Meadows LP tract, same being the northeast
corner of that tract of land described in deed to Prosper Independent School District, according
to the document recorded in Instrument Number 2017-34540, O.P.R.D.C.T., also being in the
approximate center line of Parvin Road;
THENCE: N 89° 30' 00" E, with the north line of said Prosper Meadows LP tract, and the
approximate center line of said Parvin Road, a distance of 1,549.43 feet to the northeast corner
of said Prosper Meadows LP tract;
THENCE: S 01° 01' 00" W, with the east line of said Prosper Meadows LP tract, a distance of
2,815.00 feet to the southeast corner of said Prosper Meadows LP tract, and the approximate
center line of Prosper Road;
THENCE: S 89° 44' 00" W, with the south line of said Prosper Meadows LP tract, and the
approximate center line of said Prosper Road, a distance of 1,550.91 feet to the southwest corner
of said Prosper Meadows LP tract;
THENCE: N 01° 03' 00" E, with the west line of said Prosper Meadows LP tract, a distance of
2,808.73 feet to the POINT OF BEGINNING and CONTAINING 100.035 Acres of land, more or
less.
Page 117
Item 12.
WATER IMPACT FEES REIMB AGREEMENT (PARK PLACE, PROSPER HILLS, AND PROSPER MEADOWS)
Page 19 of 21
EXHIBIT B
(Water Improvements)
Page 118
Item 12.
DATENO.BY REVISION
SHEET
PLATE NO.:
DRAWNDESIGN CHECKED DATE SCALE JOB
REVISED:
TEXAS ENGINEERING FIRM #470 I TEXAS SURVEYING FIRM #10194390
6105 TEN N YSO N PK W Y, STE 210 I PLAN O, TX 75024 I 214.420.8494
1
1NONEJULY 2023SIHSIHMSD
TOWN OF PROSPER
DENTON & COLLIN COUNTY
W:\projects\702\81\99\Y\PARK PL WATER EXHIBIT B.dwg, 8/1/2023 7:43:34 AM, SHallPage 119
Item 12.
WATER IMPACT FEES REIMB AGREEMENT (PARK PLACE, PROSPER HILLS, AND PROSPER MEADOWS)
Page 20 of 21
EXHIBIT C
(Area of Reimbursement)
Page 120
Item 12.
DATENO.BY REVISION
SHEET
PLATE NO.:
DRAWNDESIGN CHECKED DATE SCALE JOB
REVISED:
TEXAS ENGINEERING FIRM #470 I TEXAS SURVEYING FIRM #10194390
6105 TEN N YSO N PK W Y, STE 210 I PLAN O, TX 75024 I 214.420.8494
1
1NONEJULY 2023SIHSIHMSD
TOWN OF PROSPER
DENTON & COLLIN COUNTY
W:\projects\702\81\99\Y\PARK PL WATER EXHIBIT C.dwg, 8/1/2023 8:17:06 AM, SHallPage 121
Item 12.
WATER IMPACT FEES REIMB AGREEMENT (PARK PLACE, PROSPER HILLS, AND PROSPER MEADOWS)
Page 21 of 21
EXHIBIT D
(Estimated Construction Costs)
Page 122
Item 12.
Length: 2,882
Prepared: 9/18
CATEGORY By Category Per LF
$1,042,117 $362
PROFESSIONAL FEES $208,424 $72
OVERALL CONTINGENCY 15%$156,318 $54
$1,406,859 $488
UNIT COST UNIT QTY TOTAL
($) (-) (± #) ($)
6" P.V.C. WATERLINE 46.08$ LF.75 3,456$
8" P.V.C. WATERLINE 73.61$ LF.214 15,753$
12" P.V.C. WATERLINE 200.33$ LF.30 6,010$
24" P.V.C. WATERLINE 266.89$ LF.2,882 769,177$
8" GATE VALVE & BOX 2,447.52$ EA.3 7,343$
12" GATE VALVE & BOX 5,043.71$ EA.3 15,132$
24" BUTTERFLY VALVE & VAULT 17,411.90$ EA.9 156,708$
CONNECT TO EXISTING WATERLINE 4,307.60$ EA.1 4,308$
AIR RELEASE VALVE 5,680.95$ EA.1 5,681$
6" TEE, VALVE, & PLUG 3,500.00$ EA.2 7,000$
FIRE HYDRANT W/ VALVE 7,668.12$ EA.4 30,673$
TESTING & CHLORINATION 1.52$ LF.3,201 4,866$
TRENCH SAFETY 0.19$ LF.3,201 609$
MAINTENANCE BOND 1.5%%1,026,716$ 15,401$
TOTAL 1,042,117$
TOTAL
($)
ENGINEERING & SURVEY 15.0% 1,042,117$ 156,318$
GEOTECHNICAL & MATERIAL TESTING 5.0%1,042,117$ 52,106$
TOTAL 208,424
%$PROFESSIONAL FEES
WATER
1) IT IS IMPORTANT TO NOTE THAT THIS REPORT IS LIMITED IN ACCURACY BECAUSE IT WAS PREPARED WITHOUT THE BENEFIT
OF PERMITTED CONSTRUCTION DOCUMENTS AND/OR ENGINEERING REPORTS, THAT MAY BE REQUIRED FOR PERMITTING AND
THAT MAY YIELD NEW INFORMATION WHICH COULD AFFECT THE FINAL DEVELOPMENT COST.
2) ALL INFRASTRUCTURE COST IDENTIFIED ABOVE ARE PREDICATED ON THE ASSUMPTIONS AND EXCLUSIONS IDENTIFIED IN
THE DETAILED COST "BREAK-DOWN" OF PROBABLE COST BY TRACT.
PROSPER TRAIL WATER - PARK PLACE
Prosper, Denton, Texas
Opinion of Probable Cost Summary
CATEGORY TOTALS
WATER
P-D No. 70281 PAPE-DAWSON ENGINEERS
Page 123
Item 12.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Engineering Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Thoroughfare Impact Fees Reimbursement Agreement
(Park Place, Prosper Hills, and Prosper Meadows)
Town Council Meeting – September 26, 2023
Strategic Visioning Priority: 1. Acceleration of Infrastructure
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Thoroughfare Impact Fees
Reimbursement Agreement between PPP 100 DEV LLC, PROSPER HILLS LP, PROSPER
MEADOWS LP, and the Town of Prosper, Texas, related to the construction of Teel Parkway,
Prosper Trail, and Legacy Drive to serve the Park Place, Prosper Hills, and Prosper Meadows
developments.
Description of Agenda Item:
PPP 100 DEV LLC, PROSPER HILLS LP, and PROSPER MEADOWS LP, are developing
multiple residential projects and are planning on constructing the following thoroughfares:
1. southern half of Prosper Trail from the western limits of the Park Place development
(eastern limits of the Prosper Hills development) to the eastern limits of the Park Place
development (western limits of the Star Trail development)
2. southern half of Prosper Trail from Teel Parkway to eastern limits of Prosper Hills
development
3. eastern half of Teel Parkway from Prosper Trail to southern limits of Prosper Hills
development
4. after construction of Projects 1-3 above, and prior to the start of development of the Preston
Meadows development, if sufficient remaining thoroughfare impact fees are available, then
northern half of Prosper Trail adjacent to the Prosper Meadows development
Lastly, to provide the required second point of access to the Park Place development, prior to the
final acceptance of the first phase within any of the three developments, the thoroughfare listed
above as Project 1 must be completed and accepted by the Town, in addition to:
A. southern half of Prosper Trail from the eastern limits of the Park Place development to
Legacy Drive, and one of the following:
ENGINEERING
SERVICES
Page 124
Item 13.
Page 2 of 2
B. western half of Legacy Drive from Prosper Trail to northern limits of Star Trail development
with transition to Joyce Hall Elementary,
C. eastern half of Legacy Drive from Prosper Trail to Joyce Hall Elementary, that is planned
to be constructed by others, or
D. paving improvements within the Pearls at Prosper community, connecting from Prosper
Trail to Legacy Drive.
If Segment B is constructed, the Town will contribute $200,000 towards the cost of construction
after completion and acceptance by the Town.
Since the proposed thoroughfares are depicted on the Town of Prosper Thoroughfare Plan, the
actual costs for the design and construction of the improvements are eligible for reimbursement
of thoroughfare impact fees collected by the developments.
The purpose of the Thoroughfare Impact Fees Reimbursement Agreement is to outline the
obligations of the Town of Prosper, PPP 100 DEV LLC, PROSPER HILLS LP, and PROSPER
MEADOWS LP, related to the design, construction, and reimbursement of collected thoroughfare
impact fees to fund the projects.
Budget Impact:
The total estimated cost for the design and construction of Projects 1, 2, 3, and 4 is $4,014,469.
The current anticipated thoroughfare impact fees owed by the Park Place, Prosper Hills, and
Prosper Meadows developments is $3,153,613. The Town will contribute $200,000 towards the
construction of the western half of Legacy Drive if Segment B is constructed. If either the
construction of the eastern half of Legacy Drive (Segment C), or paving improvements within the
Pearls at Prosper community (Segment D) is complete, PPP 100 DEV LLC, PROSPER HILLS LP,
and PROSPER MEADOWS LP, will not be required to construct the western half of Legacy Drive
(Segment B). In the event that full reimbursement has not been made to PPP 100 DEV LLC,
PROSPER HILLS LP, and PROSPER MEADOWS LP, by the Town after the expiration of ten (10)
years from the date of the Town’s acceptance of the roadways, the Town will reimburse PPP 100
DEV LLC, PROSPER HILLS LP, and PROSPER MEADOWS LP, any shortfall.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality. PPP 100 DEV LLC, PROSPER HILLS LP, and PROSPER MEADOWS LP, will contribute
up to $2,000 towards the legal preparation fees.
Attached Documents:
1. Town of Prosper Thoroughfare Plan
2. Thoroughfare Impact Fees Reimbursement Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a
Thoroughfare Impact Fees Reimbursement Agreement between PPP 100 DEV LLC, PROSPER
HILLS LP, PROSPER MEADOWS LP, and the Town of Prosper, Texas, related to the construction
of Teel Parkway, Prosper Trail and Legacy Drive to serve the Park Place, Prosper Hills, and
Prosper Meadows developments.
Proposed Motion:
I move to authorize the Town Manager to execute a Thoroughfare Impact Fees Reimbursement
Agreement between PPP 100 DEV LLC, PROSPER HILLS LP, PROSPER MEADOWS LP, and
the Town of Prosper, Texas, related to the construction of Teel Parkway, Prosper Trail and Legacy
Drive to serve the Park Place, Prosper Hills, and Prosper Meadows developments.
Page 125
Item 13.
Page 126
Item 13.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (PARK PLACE, PROSPER HILLS AND
PROSPER MEADOWS) Page 1 of 21
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT
(PARK PLACE, PROSPER HILLS & PROSPER MEADOWS)
THIS THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT
(“Agreement”) is made and entered into this ___ day of _______________, 2023, by and
between the TOWN OF PROSPER, TEXAS (“Prosper” or the “Town”), and PPP 100 DEV
LLC, a Texas limited liability company (“Park Place”), PROSPER HILLS LP, a Texas
limited partnership (“Prosper Hills”), and PROSPER MEADOWS LP, a Texas limited
partnership (“Prosper Meadows”), and collectively Park Place, Prosper Hills, and Prosper
Meadows are referenced herein as “Developer,” collectively referred to as the “Parties.”
W I T N E S S E T H:
WHEREAS, Developer is developing multiple projects in the Town known as Park
Place, Prosper Hills, and Prosper Meadows, and
WHEREAS, the legal descriptions of the Park Place, Prosper Hills, and Prosper
Meadows properties (“Property”) are attached hereto as Exhibit A; and
WHEREAS, the Town and Developer wish to address the construction of
improvements to certain roadways as well as payment of associated costs thereof, related
to the Property; and
WHEREAS, the Town has adopted a Thoroughfare Capital Improvements Plan
(“Roadway CIP”) as part of its impact fee ordinance, contained in Article 10.02 of Chapter
10 of the Town’s Code of Ordinances, as amended, all of which was adopted pursuant
to the authority contained in Chapter 395 of the Texas Local Government Code, as
amended; and
WHEREAS, in an effort to facilitate the construction of roadways serving the
Property, the Parties have agreed to the terms and provisions of this Agreement; and
WHEREAS, this Agreement clearly is in the best interests of the Town and
Developer and it is deemed mutually beneficial to each that the construction of roadways
to and adjacent to the Property proceed uniformly.
NOW, THEREFORE, in consideration of the foregoing premises and for other good
and valuable consideration, the receipt and adequacy of which are hereby acknowledged,
the Town and Developer covenant and agree as follows:
1. Thoroughfare Impact Fees and Roadway CIP Projects.
(a) Subject to the provisions of this Paragraph 1 and this Agreement, the
Property will be assessed thoroughfare impact fees at the rates then in effect pursuant to
the Impact Fee Ordinance as it presently exists or may be subsequently amended (the
“Thoroughfare Impact Fees”).
Page 127
Item 13.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (PARK PLACE, PROSPER HILLS AND
PROSPER MEADOWS) Page 2 of 21
(b) Developer shall, at its sole cost and expense, except as provided in
Paragraph 3, below, construct and install: (1) the paving and drainage improvements for
the southern lanes of Prosper Trail from the western limits of Park Place to the eastern
limits of Park Place, (2) the paving and drainage improvements for the southern lanes of
Prosper Trail from Teel Parkway to the eastern limits of Prosper Hills and (3) the paving
and drainage improvements for the eastern lanes of Teel Parkway from Prosper Trail to
the southern limits of Prosper Hills. If, after the construction of the roadway improvements
noted above and prior to the start of development of Preston Meadows, it is estimated
that there will be sufficient remaining Thoroughfare Impact Fees from the Area of
Reimbursement (as identified in Paragraph 3) to reimburse the construction cost for (4)
the paving and drainage improvements for the northern lanes of Prosper Trail adjacent to
Prosper Meadows, then the Developer shall construct these improvements. These
improvements are depicted on the Master Thoroughfare Plan and in the locations
generally depicted on Exhibit B, attached hereto and incorporated herein for all purposes
(collectively referred to herein as the “Thoroughfare Improvements”).
In addition to the completion and acceptance by the Town of the Thoroughfare
Improvements identified in Paragraph 1.(b) as (1), Developer acknowledges that the
completion and acceptance by the Town of additional roadway improvements noted
below is required prior to the final acceptance of the first phase of any development within
the Property. Developer or others shall construct and install: (A) the paving and drainage
improvements for the southern lanes of Prosper Trail from the eastern boundary of Park
Place to the intersection with future Legacy Drive, and one of either (B) the paving and
drainage of the western lanes of Legacy Drive from Prosper Trail south to the connection
of the northern limits of existing Legacy Drive, with a paving transition to Joyce Hall
Elementary, (C) the paving and drainage improvements for the eastern lanes of Legacy
Drive from Prosper Trail south to the northern limits of Joyce Hall Elementary School, OR
(D) the paving improvements within the Pearls at Prosper community connecting from
Prosper Trail to Legacy Drive. These improvements are depicted on the Master
Thoroughfare Plan and in the locations generally depicted on Exhibit B, attached hereto
and incorporated herein for all purposes (collectively referred to herein as the “Offsite
Improvements”). If segment (B) is constructed, the Town will contribute Two Hundred
Thousand and No/100 Dollars ($200,000) towards the cost of construction of said western
lanes improvements after completion and final acceptance of said improvements.
(c) Developer shall bid the construction of each portion of the Thoroughfare
Improvements as shown in the related construction plans set with at least three (3)
qualified contractors and shall provide copies of the bids received for such items to Town
within five (5) business days of Developer’s receipt of same. Developer shall: (i) execute
a contract for the construction of each portion of the Thoroughfare Improvements with the
lowest responsible bidder, as mutually and reasonably determined by Town and
Developer; (ii) commence, or cause to be commenced, construction of each portion of
the Thoroughfare Improvements within the project development schedule following: (A)
the execution of this Agreement and all of the Third Party Thoroughfare Improvement
Easements and Third Party Temporary Construction Easements; and (B) approval of the
Thoroughfare Improvements’ engineering plans, specifications and designs by Town’s
Page 128
Item 13.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (PARK PLACE, PROSPER HILLS AND
PROSPER MEADOWS) Page 3 of 21
Engineer, which approval shall not be unreasonably withheld or delayed; (iii) construct
each portion of the Thoroughfare Improvements in accordance with Town-approved
engineering plans, specifications and designs; and (iv) complete each portion of the
Thoroughfare Improvements and obtain Town’s acceptance of same prior to Town’s final
acceptance of the Thoroughfare Improvements.
(d) Developer represents that the estimated Thoroughfare Improvements
construction costs are Four Million, Fourteen Thousand, Four Hundred Sixty-Nine and
No/100 Dollars ($4,014,469.00), as more particularly described in Exhibit D, attached
hereto and incorporated herein for all purposes (the “Estimated Construction Costs”).
Developer acknowledges and agrees that Town is relying on Developer’s engineer’s
representation and warranty that the Estimated Construction Costs are as described in
Exhibit D. Prior to receiving any reimbursement described in Paragraph 4 below,
Developer shall tender to Town evidence, in a form(s) reasonably acceptable to Town,
that all of the Thoroughfare Improvements construction costs
(the “Thoroughfare Improvement Costs”) have been paid by Developer, including but
not limited to, Affidavits of Payment/Affidavits as to Debts and Liens and any other
evidence reasonably required by Town (“Evidence of Payment(s)”).
(e) The Parties acknowledge that Developer shall construct certain roadway
and related improvements, as described in Exhibit D, the cost of which do not exceed the
municipal participation limit referenced in Section 212.072(b)(2) of the Texas Local
Government Code, as amended.
2. Third Party Roadway Project Rights-of-Way.
(a) The Parties shall cooperate with each other in obtaining from third parties any
and all rights-of-way (“Third Party Roadway Project Rights-of-Way”) for any Roadway
CIP Project depicted in Exhibit B.
(b) Developer shall be responsible for any and all costs and expenses
associated with acquiring, by purchase or condemnation, all Third Party Roadway Project
Rights-of-Way, including, but not limited to, purchase cost, title examination, appraisals,
expert fees, attorneys’ fees and expenses, engineering fees and expenses, surveying
fees and expenses, court costs, commissioners’ fees and costs of appeal, if any (“Right-
of-Way Acquisition Fees”). If requested by the Town, Developer shall, at its sole cost
and expense (but subject to credit, as described below), lead all right-of-way acquisition
efforts for the Third Party Roadway Project Rights-of-Way, including, but not limited to,
providing all necessary engineering and surveying support required to obtain the Third
Party Roadway Project Rights-of-Way as required for the Roadway CIP Projects.
Developer shall pay any and all Right-of-Way Acquisition Fees within twenty-one (21)
calendar days of receiving a written request and supporting invoice from the Town for the
same.
(c) The Town will, at Developer’s sole cost and expense (but subject to credit,
as described below), provide, among any other assistance deemed reasonably necessary
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by the Town, technical, engineering, legal and administrative assistance, as selected by
the Town, to acquire, by purchase or condemnation, the Third Party Roadway Project
Rights-of-Way. The Town shall review and approve any and all documents associated
with the Third Party Roadway Project Rights-of-Way required herein. If the Town
determines, in its reasonable discretion, that condemnation proceedings are necessary
to secure the Third Party Roadway Project Rights-of-Way, the Town shall have the right
to, at Developer’s sole cost and expense (but subject to credit, as described below), take
any and all steps the Town deems necessary to initiate said proceedings.
(d) The Third Party Roadway Project Rights-of-Way shall be filed and recorded
prior to the commencement of construction of any Roadway CIP Project or any portion
thereof, unless a Right of Entry is secured, or a condemnation award is tendered with the
registry of the court and/or a right of possession by any other means is obtained on an
earlier date.
(e) If the Third Party Roadway Project Rights-of-Way are not obtained, or the
Town has not secured the right to possess, in a form reasonably acceptable to the Town,
the land made the subject of the Third Party Roadway Project Rights-of-Way, within
ninety (90) days after the Effective Date on terms acceptable to the Town, then the Town
shall commence, and thereafter diligently pursue to completion, condemnation
proceedings to obtain such Third Party Roadway Project Rights-of-Way as soon as
reasonably possible. Notwithstanding anything to the contrary herein, the Town and
Developer agree that the Town may initiate condemnation proceedings prior to the
expiration of the ninety (90) days referred to in this Paragraph.
3. Reimbursement of Project Costs from Thoroughfare Impact Fees.
(a) Provided Developer completes the Thoroughfare Improvements in
accordance with this Agreement, Developer shall receive reimbursement of its
Thoroughfare Improvement Costs from the Thoroughfare Impact Fees collected by Town
related to service from the Thoroughfare Improvements, subject to the terms of this
Agreement.
(b) A depiction of the service areas for the Thoroughfare Improvements is
attached hereto as Exhibit C and made part hereof (the “Area of Reimbursement”). The
Area of Reimbursement may be expanded from time to time and, upon such expansion,
Exhibit C shall be amended accordingly.
(c) Thoroughfare Impact Fees collected by Town related to service from the
Thoroughfare Improvements, as depicted in the Area of Reimbursement, shall be paid to
Developer until the entire amount due to Developer is paid in full.
(d) The reimbursement amount shall be an amount equal to the actual
construction costs associated with the Thoroughfare Improvements (the “Thoroughfare
Costs Reimbursement”). The phrase “construction costs” as used herein shall include
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design costs, construction costs, engineering costs, surveying costs and geotechnical
materials testing associated with the Thoroughfare Improvements.
(e) All Thoroughfare Impact Fees collected by Town and available after the
Existing Agreement obligation is met shall be paid by Town to Developer on a quarterly
basis within thirty (30) days following each March 31, June 30, September 30, and
December 31 until Developer has received the full amount of Thoroughfare Costs
Reimbursements, as it may be adjusted in accordance with this Agreement.
(f) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TOWN
SHALL NOT BE OBLIGATED TO PROVIDE THE PROPERTY WITH THE
THOROUGHFARE COSTS REIMBURSEMENT FOR ANY CONSTRUCTION COSTS
ASSOCIATED WITH THE THOROUGHFARE IMPROVEMENTS UNLESS AND UNTIL
DEVELOPER PROVIDES THE EVIDENCE OF PAYMENT(S).
(g) Developer and Town acknowledge and agree that: (i) the Thoroughfare
Impact Fees collected may be less than the Thoroughfare Costs Reimbursements to
which Developer is entitled and Town does not guarantee the amount of Thoroughfare
Impact Fees that will be collected; (ii) after a period of ten (10) years, any shortfall
between the Thoroughfare Impact Fees collected and the Thoroughfare Costs
Reimbursements shall be paid to Developer from Town; and (iii) Thoroughfare Impact
Fees owed on the Property shall be paid in accordance with the Impact Fee Ordinance.
4. Assignment. Developer shall have the right to assign this Agreement, in
whole or in part, only to one or more parties purchasing undeveloped portions of the
Property, which party (or parties) shall have the option to construct any Roadway CIP
Projects located in such portions. As to the sale of land by Developer to any party to whom
this Agreement has not been assigned, in whole or in part, the purchaser thereof shall
have no rights or obligations under this Agreement and this Agreement shall not apply
with respect to such land. This Agreement shall not be filed of record.
5. Default.
(a) If Developer fails to comply with any provision of this Agreement after
receiving fifteen (15) days’ written notice to comply from the Town or such longer period
as may be reasonably necessary provided that Developer commences to cure the default
or breach within the 15-day period and proceeds with reasonable diligence thereafter to
complete such cure, then so long as such default continues and is not cured, the Town
shall have the following remedies, in addition to the Town’s other rights and remedies:
(i) to refuse to issue building permits for the Property; and/or
(ii) to refuse to accept any portion of any public improvements on the
Property and/or associated with the development of the Property; and/or
(iii) to refuse, without notice and/or any other action, to issue and/or
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apply the reimbursements set forth in Paragraph 4; and/or
(iv) to construct and/or complete the Thoroughfare Improvements and to
recover any and all costs and expenses associated with the construction and/or
completion of same, including, but not limited to, any and all attorneys’ fees and costs
associated therewith; and/or
(v) to seek specific enforcement of this Agreement.
(b) In the event Town fails to comply with the terms and conditions of this
Agreement, Developer may seek specific enforcement of this Agreement as its sole and
exclusive remedy.
6. Other Applicable Development Ordinances. Unless otherwise expressly
stipulated in this Agreement, nothing herein shall relieve any developer from
responsibilities for the construction of other public improvements under applicable
development ordinances of the Town.
7. Covenant Running with Land. This Agreement shall be a covenant
running with the land and the Property and shall be binding upon Developer, its officers,
directors, partners, employees, representatives, agents, successors, assignees, vendors,
grantees and/or trustees. In addition, the Parties shall cause this Agreement to be filed
in the Real Property Records of Denton County, Texas.
8. Limitations of Agreement. The Parties hereto acknowledge that this
Agreement is limited to the Thoroughfare Impact Fees as described in the Impact Fee
Ordinance. Town ordinances covering property taxes, utility rates, permit fees, inspection
fees, development fees, sewer impact fees, park fees, tap fees, pro-rata fees and the like
are not affected by this Agreement. Further, this Agreement does not waive or limit any
of the obligations of Developer to Town under any other ordinance, whether now existing
or in the future arising.
9. Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas, and all obligations of the Parties created hereunder
are performable in Denton County, Texas.
10. Notices. Any notice provided or permitted to be given under this
Agreement must be in writing and may be served by depositing same in the United States
mail, addressed to the Party to be notified, postage pre-paid and registered or certified
with return receipt requested, or by delivering the same in person to such Party via
facsimile or a hand–delivery service, Federal Express or any courier service that provides
a return receipt showing the date of actual delivery of same to the addressee thereof.
Notice given in accordance herewith shall be effective upon receipt at the address of the
addressee. For purposes of notice, the addresses of the Parties shall be as follows:
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If to Town, addressed to it at:
Town of Prosper
ATTN: Town Manager
P. O. Box 307
250 W. First Street
Prosper, Texas 75078
Telephone: (972) 346-2640
With a copy to:
Brown & Hofmeister, L.L.P.
ATTN: Terrence S. Welch, Esq.
740 E. Campbell Road
Richardson, TX 75081
Telephone: (214) 747-6104
If to Developer, addressed to it at:
PPP 100 DEV LLC
ATTN: Vijay Borra
826 Mango Court
Coppell, TX 75019
Telephone: (972) 304-0506
PROSPER HILLS LP
ATTN: Vijay Borra
826 Mango Court
Coppell, TX 75019
Telephone: (972) 304-0506
PROSPER MEADOWS LP
ATTN: Vijay Borra
826 Mango Court
Coppell, TX 75019
Telephone: (972) 304-0506
With a copy to:
Poche Law PC
ATTN: Charles Poche, Jr. Esq.
15770 North Dallas Parkway, Suite 475
Dallas, TX 75248
Telephone: (214) 764-0961
11. Prevailing Party. In the event any person initiates or defends any legal
action or proceeding to enforce or interpret any of the terms of this Agreement, the
prevailing party in any such action or proceeding shall be entitled to recover its reasonable
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costs and attorney’s fees (including its reasonable costs and attorney’s fees on any
appeal).
12. Sovereign Immunity. The Parties agree that Town has not waived its
sovereign immunity by entering into and performing its obligations under this Agreement;
however, for purposes of enforcement of this Agreement, Town agrees that it has waived
its sovereign immunity, and to that extent only.
13. Effect of Recitals. The recitals contained in this Agreement: (a) are true
and correct as of the effective date; (b) form the basis upon which the Parties negotiated
and entered into this Agreement; (c) are legislative findings of the Town Council; and (d)
reflect the final intent of the Parties with regard to the subject matter of this Agreement.
In the event it becomes necessary to interpret any provision of this Agreement, the intent
of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the
maximum extent possible, given full effect. The Parties have relied upon the recitals as
part of the consideration for entering into this Agreement and, but for the intent of the
Parties reflected by the recitals, would not have entered into this Agreement.
14. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
15. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile
signature will also be deemed to constitute an original if properly executed.
16. Entire Agreement. This Agreement contains the entire agreement
between the Parties hereto and supersedes all prior agreements, oral or written, with
respect to the subject matter hereof. The provisions of this Agreement shall be construed
as a whole and not strictly for or against any Party.
17. Savings/Severability. Invalidation of any one of the provisions of this
document by judgment or court order shall in no way affect any of the other provisions,
which shall remain in full force and effect. In the event any provision of this Agreement
shall be determined by any court of competent jurisdiction to be invalid or unenforceable,
the Agreement shall, to the extent reasonably possible, remain in force as to the balance
of its provisions as if such invalid provision were not a part hereof.
18. Notification of Sale or Transfer. Developer shall notify the Town in writing
of a sale or transfer of all or any portion of the Property where Developer plans to assign
all or a portion of this Agreement, as contemplated herein, within ten (10) business days
of such sale or transfer.
19. Authority to Execute. The Agreement shall become a binding obligation
on the signatories upon execution by all signatories hereto. The Town warrants and
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represents that the individual executing this Agreement on behalf of the Town has full
authority to execute this Agreement and bind the Town to the same. Developer warrants
and represents that the individual executing this Agreement on behalf of Developer has
full authority to execute this Agreement and bind Developer to the same. This Agreement
is and shall be binding upon the Developer, its successors, heirs, assigns, grantees,
vendors, trustees, representatives, and all others holding any interest now or in the future.
20. Mediation. In the event of any disagreement or conflict concerning the
interpretation of this Agreement, and such disagreement cannot be resolved by the
signatories hereto, the signatories agree to submit such disagreement to mediation.
21. Indemnification. From the Effective Date of this Agreement to the date on
which all work with respect to a Roadway CIP Project is completed and all improvements,
as contemplated herein, have been accepted by the Town, Developer, individually and
on behalf of its respective officers, directors, partners, employees, representatives,
agents, successors, assignees, vendors, grantees and/or trustees, does hereby agree to
release, defend, indemnify and hold harmless the Town and its elected and appointed
officials, officers, employees and agents from and against all damages, injuries (including
death), claims, property damages (including loss of use) losses, demands, suits,
judgments and costs, including reasonable attorney’s fees and expenses (including
attorney’s fees and expenses incurred in enforcing this indemnity), caused by the
negligent, grossly negligent, and/or intentional act and/or omission of the applicable
developer, its officers, directors, partners, employees, representatives, agents, or any
other third parties for whom such developer is legally responsible, in its/their performance
of this Agreement, including but not limited to, the construction of the Roadway CIP
Projects contemplated herein (hereinafter “claims”). Developer is expressly required to
defend the Town against all such claims arising under this Agreement, and the Town is
required to reasonably cooperate and assist developer(s) in providing such defense.
22. Approval of Counsel. In its reasonable discretion, the Town shall have
the right to approve counsel to be retained by Developer in fulfilling its obligation
hereunder to defend and indemnify the Town. The Town reserves the right to provide a
portion or all of its’ own defense, at its sole cost; however, the Town is under no obligation
to do so. Any such action by the Town is not to be construed as a waiver of Developer’s
obligation to defend the Town or as a waiver of Developer’s obligation to indemnify the
Town pursuant to this Agreement. Developer shall retain Town-approved defense
counsel within seven (7) business days of the Town’s written notice that the Town is
invoking its right to indemnification under this Agreement.
23. Survival. Paragraph 21, “Indemnification,” shall survive the termination of
this Agreement.
24. Additional Representations. Each signatory represents this Agreement
has been read by the Party for which this Agreement is executed and that such Party has
had the opportunity to confer with its counsel.
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25. Miscellaneous Drafting Provisions. This Agreement shall be deemed
drafted equally by all Parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or principle that
the language herein is to be construed against any Party shall not apply.
26. No Third Party Beneficiaries. Nothing in this Agreement shall be
construed to create any right in any third party not a signatory to this Agreement, and the
Parties do not intend to create any third party beneficiaries by entering into this
Agreement.
27. Rough Proportionality. Developer hereby agrees that any land or
property donated and/or dedicated pursuant to this Agreement, whether in fee simple or
otherwise, to the Town relative to any development on the Property is roughly proportional
to the need for such land and Developer hereby waives any claim therefor that it may
have. Developer further acknowledges and agrees that all prerequisites to such a
determination of rough proportionality have been met, and that any costs incurred relative
to said donation are related both in nature and extent to the impact of the development
referenced herein. Both Developer and the Town further agree to waive and release all
claims one may have against the other related to any and all rough proportionality and
individual determination requirements mandated by the United States Supreme Court in
Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other
requirements of a nexus between development conditions and the provision of roadway
services to the Property.
28. Attorney’s Fees. Developer agrees to pay, or cause to be paid, to Prosper
any attorney’s fees charged to Prosper by Prosper’s legal counsel for, among other
things, legal review and revision of this Agreement and all further agreements, ordinances
or resolutions contemplated by this Agreement, negotiations and discussions with
Developer’s attorney and the provision of advice to applicable Prosper Town Staff and
the Prosper Town Council, in an amount not to exceed $2,000 within ten (10) days upon
receipt of an invoice of same from Prosper.
IN WITNESS WHEREOF, the Parties hereto have caused this document to be
executed as of the date first above written.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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THE TOWN OF PROSPER, TEXAS
By: __________________________________
Name: Mario Canizares
Title: Town Manager
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ____ day of
_______________, 2023, by Mario Canizares, Town Manager for the Town of Prosper,
Texas, on behalf of the Town of Prosper, Texas.
_____________________________________
Notary Public, State of Texas
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EXHIBIT A
(Property Legal Description)
Park Place
BEING A TRACT OF LAND SITUATED IN THE JOHN H. DURRETT SURVEY, ABSTRACT NO.
350 AND THE LOUISA NETHERLY SURVEY, ABSTRACT NO. 962, DENTON COUNTY,
TEXAS, AND BEING PART OF A TRACT OF LAND DESCRIBED IN DEED TO PROSPER 100
LP, ACCORDING TO THE DOCUMENT RECORDED IN INSTRUMENT NO. 2019-21287,
OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS (O.P.R.C.C.T.), AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PROSPER 100 LP TRACT AND THE
NORTHEAST CORNER OF LOT 1, BLOCK X, ARTESIA NORTH PHASE 4, AN ADDITION TO
THE TOWN OF PROSPER, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT
RECORDED IN CABINET 2016, SLIDE 76, PLAT RECORDS, DENTON COUNTY, TEXAS
(P.R.C.C.T.), ALSO BEING ON THE WEST LINE OF A TRACT OF LAND DESCRIBED IN DEED
AS TRACT IV TO BLUE STAR ALLEN LAND, LP, RECORDED IN INSTRUMENT NO. 2011-
60030, O.P.R.C.C.T.,
THENCE N 89° 32' 20" W, ALONG THE SOUTH LINE OF SAID PROSPER 100 LP TRACT, A
DISTANCE OF 2,909.87 FEET TO SOUTWEST CORNER OF SAID PROSPER 100 LP TRACT,
SAME BEING THE MOST EASTERLY SOUTHEAT CORNER OF A TRACT OF LAND
DESCRIBED IN DEED TO PROSPER HILLS, LP, ACCORDING TO THE DOCUMENT
RECORDED IN INSTRUMENT NO. 2022-117712, O.P.R.C.C.T., ALSO BEING ON THE NORTH
LINE OF LOT 3, BLOCK X, ARTESIA NORTH PHASE 2, AN ADDITION TO THE TOWN OF
PROSPER, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN
CABINET 2017, SLIDE 164, P.R.C.C.T.;
THENCE N 00° 12' 38" E, ALONG THE WEST LINE OF SAID PROSPER 100 LP TRACT AND
THE EAST LINE OF SAID PROSPER HILLS LLC TRACT, A DISTANCE OF 1,469.84 FEET TO
THE NORTHWEST CORNER OF SAID PROSPER 100 LP TRACT AND THE NORTHEAST
CORNER OF SAID PROSPER HILLS LLC TRACT;
THENCE N 89° 24' 39" E, ALONG THE NORTH LINE OF SAID PROSPER 100 LP TRACT, A
DISTANCE OF 1,852.41 FEET TO A 5/8" IRON ROD FOUND AT THE SOUTHEAST CORNER
OF A TRACT OF LAND DESCRIBED IN DEED TO PROSPER MEADOWS LP, ACCORDING
TO THE DOCUMENT RECORDED IN INSTRUMENT NO. 2019-65177, O.P.R.C.C.T.;
THENCE N 89° 20' 59" E, ALONG THE NORTH LINE OF SAID PROSPER 100 LP TRACT AND
THE SOUTH LINE OF SAID PROSPER MEADOWS LP TRACT, A DISTANCE OF 1,057.81
FEET TO THE NORTHEAST CORNER OF SAID PROSPER 100 LP TRACT AND THE
NORTHWEST CORNER OF THE ABOVE MENTIONED TRACT IV;
THENCE S 00° 12' 49" W, ALONG THE EAST LINE OF SAID PROSPER 100 LP TRACT AND
THE WEST LINE OF SAID TRACT IV, A DISTANCE OF 1,524.31 FEET TO THE POINT OF
BEGINNING, AND CONTAINING 99.983 ACRES OR 4,355,272 SQUARE FEET OF LAND
MORE OR LESS
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Prosper Hills
BEING A TRACT OF SITUATED IN THE LOUIS NETHERLY SURVEY, ABSTRACT NO. 962,
TOWN OF PROSPER, DENTON COUNTY, TEXAS, AND BEING ALL OF A TRACT OF LAND
DESCRIBED IN DEED TO PROSPER HILLS, LP, RECORDED IN INSTRUMENT NUMBER
2017-82639 OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS (O.P.R.D.C.T.), ALSO
BEING A PORTION OF SEC TEEL–PROSPER ADDITION, AN ADDITION TO THE TOWN OF
PROSPER, RECORDED IN INSTRUMENT NUMBER 2022-1306, PLAT RECORDS, DENTON
COUNTY, TEXAS (P.R.D.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY SOUTHEAST CORNER OF SAID PROSPER HILLS,
LP TRACT, SAME BEING THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED
IN DEED TO PROSPER 100 LP, RECORDED IN INSTRUMENT NUMBER 2019-21287
O.P.R.D.C.T., FROM WHICH AN “X” CUT FOUND AT THE INTERSECTION OF GREENBELT
PARK LANE, AN EXISTING 50’ RIGHT-OF-WAY, AND HUBBARD PARK AVENUE, AN
EXISTING 50’ RIGHT-OF-WAY, ARTESIA NORTH PHASE 2 (ARTESIA ADDITION), AN
ADDITION TO THE TOWN OF PROSPER, DENTON COUNTY, TEXAS, RECORDED IN
INSTRUMENT NUMBER 2017-164 O.P.R.D.C.T., BEARS S 57°25’44” W, 129.03 FEET;
THENCE N 89° 32’20” W, WITH THE MOST EASTERLY SOUTH LINE OF SAID PROSPER
HILLS, LP TRACT AND THE NORTH LINE OF SAID ARTESIA ADDITION, A DISTANCE OF
553.82 FEET TO AN INTERIOR ELL CORNER OF SAID PROSPER HILLS, LP TRACT AND
THE NORTHWEST CORNER OF LOT 3, BLOCK X, OF SAID ARTESIA ADDITION;
THENCE S 00°03'28" W, ALONG AN EAST LINE OF SAID PROSPER HILLS LP TRACT AND
THE WEST LINE OF SAID ARTESIA ADDITION, A DISTANCE OF 259.13 FEET TO THE
MOST SOUTHERLY SOUTHEAST CORNER OF SAID PROSPER HILLS, LP TRACT, SAME
BEING THE NORTHEAST CORNER OF A REMAINDER TRACT OF LAND DESCRIBED IN
DEED TO INWOOD PLAZA JOINT VENTURE, RECORDED IN VOLUME 4233, PAGE 738,
DEED RECORDS DENTON COUNTY, TEXAS (D.R.D.C.T.);
THENCE N 89°31'47" W, ALONG THE SOUTH LINE OF SAID PROSPER HILLS, LP TRACT
AND THE NOTH LINE OF SAID REMAINDER TRACT, A DISTANCE OF 1,308.00 FEET TO
THE SOUTHWEST CORNER OF SAID PROSPER HILLS, LP TRACT AND NORTHWEST
CORNER OF SAID REMAINER TRACT, ALSO BEING ON THE EAST LINE OF TEEL
PARKWAY (A VARIABLE WIDTH RIGHT-OF-WAY);
THENCE N 00°08'41" W, ALONG THE WEST LINE OF SAID PROSPER HILLS, LP TRACT
AND THE EAST LINE OF SAID TEEL PARKWAY, A DISTANCE OF 149.49 FEET TO THE
SOUTH CORNER OF SAID SEC TEEL–PROSPER ADDITION;
THENCE N 00°02'02" E, CONTINUING ALONG THE WEST LINE OF SAID PROSPER HILLS,
SAME BEING THE EAST LINE OF SAID SEC TEEL–PROSPER ADDITION, A DISTANCE OF
1,043.46 FEET TO THE SOUTH CORNER OF LOT 1, BLOCK A, OF SAID SEC TEEL–
PROSPER ADDITION, AND BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE
LEFT HAVING A CENTRAL ANGLE OF 01°08'34", A RADIUS OF 1,060.00 FEET, AND A
CHORD BEARING AND DISTANCE OF N 19°32'51" W, 21.14 FEET;
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THENCE ALONG THE WEST LINE OF LOT 1, BLOCK A, OF SAID SEC TEEL–PROSPER
ADDITION THE FOLLOWING COURSES AND DISTANCES:
ALONG SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 21.14 FEET;
N 20°22'59" W, A DISTANCE OF 150.91 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 00°10'12", A
RADIUS OF 1,070.00 FEET, AND A CHORD BEARING AND DISTANCE OF
N 28°18'42" W 3.18 FEET;
ALONG SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 3.18 FEET;
N 28°23'48" W, A DISTANCE OF 171.87 FEET;
N 16°39'53" E, A DISTANCE OF 49.44 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 10°03'53", A
RADIUS OF 745.00 FEET, AND A CHORD BEARING DISTANCE OF N 67°19'26" E,
130.70 FEET;
ALONG SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 130.87 FEET;
N 72°21'22" E, A DISTANCE OF 8.76 FEET TO THE WEST LINE OF SAID PROSPER
HILLS, LP TRACT;
THENCE N 00°02'02" E, ALONG THE WEST LINE OF SAID PROSPER HILLS, LP TRACT, A
DISTANCE OF 87.91 FEET TO THE NORTHWEST CORNER OF SAID PROSPER HILLS, LP
TRACT;
THENCE N 89°47'56" E, ALONG THE NORTH LINE OF SAID PROSPER HILLS, LP TRACT, A
DISTANCE OF 306.82 FEET;
THENCE N 89°24'39" E, CONTINUING ALONG THE NORTH LINE OF SAID PROSPER
HILLS, LP TRACT, A DISTANCE OF 1,560.15 FEET TO THE NORTHEAST CORNER OF
SAID PROSPER HILLS, LP TRACT, SAME BEING THE NORTHWEST CORNER OF SAID
PROSPER 100 LP TRACT;
THENCE S 00°12'38" W, ALONG THE EAST LINE OF SAID PROSPER HILLS, LP
TRACT AND THE WEST LINE OF SAID PROSPER 100 LP TRACT, A DISTANCE OF 1,469.84
FEET TO THE POINT OF BEGINNING, AND CONTAINING 70.674 ACRES OR 3,078,580
SQUARE FEET OF LAND MORE OR LESS
Page 143
Item 13.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (PARK PLACE, PROSPER HILLS AND
PROSPER MEADOWS) Page 18 of 21
Prosper Meadows
Being a tract of land situated in the J.H. Durrant Survey, Abstract Number 350, John McKim
Survey, Abstract Number 889, and the Aaron Roberts Survey, Abstract Number 1115, and being
all of that tract of land described in deed to Prosper Meadows LP, according to the document
recorded in Instrument Number 2019-65177, Official Public Records, Denton County, Texas
(O.P.R.D.C.T.), and being more particularly described as follows:
BEGINNING at the northwest corner of said Prosper Meadows LP tract, same being the northeast
corner of that tract of land described in deed to Prosper Independent School District, according
to the document recorded in Instrument Number 2017-34540, O.P.R.D.C.T., also being in the
approximate center line of Parvin Road;
THENCE: N 89° 30' 00" E, with the north line of said Prosper Meadows LP tract, and the
approximate center line of said Parvin Road, a distance of 1,549.43 feet to the northeast corner
of said Prosper Meadows LP tract;
THENCE: S 01° 01' 00" W, with the east line of said Prosper Meadows LP tract, a distance of
2,815.00 feet to the southeast corner of said Prosper Meadows LP tract, and the approximate
center line of Prosper Road;
THENCE: S 89° 44' 00" W, with the south line of said Prosper Meadows LP tract, and the
approximate center line of said Prosper Road, a distance of 1,550.91 feet to the southwest corner
of said Prosper Meadows LP tract;
THENCE: N 01° 03' 00" E, with the west line of said Prosper Meadows LP tract, a distance of
2,808.73 feet to the POINT OF BEGINNING and CONTAINING 100.035 Acres of land, more or
less.
Page 144
Item 13.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (PARK PLACE, PROSPER HILLS AND
PROSPER MEADOWS) Page 19 of 21
EXHIBIT B
(Thoroughfare Improvements)
Page 145
Item 13.
DATENO.BYREVISIONSHEETPLATE NO.:DRAWNDESIGNCHECKEDDATESCALEJOBREVISED:STATE REGISTRATION NUMBER: F-3995225 Village Creek Drive, Suite 200 Plano, Texas 75093 972-931-0694DOWDEY, ANDERSON & ASSOCIATES, INC.11NONEJULY 2023SIHSIHMSDTOWN OF PROSPERDENTON & COLLIN COUNTY####Page 146Item 13.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (PARK PLACE, PROSPER HILLS AND
PROSPER MEADOWS) Page 20 of 21
EXHIBIT C
(Area of Reimbursement)
Page 147
Item 13.
DATENO.BY REVISION
SHEET
PLATE NO.:
DRAWNDESIGN CHECKED DATE SCALE JOB
REVISED:
STATE REGISTRATION NUMBER: F-399
5225 Village Creek Drive, Suite 200 Plano, Texas 75093 972-931-0694
DOWDEY, ANDERSON & ASSOCIATES, INC.
1
1NONEJULY 2023SIHSIHMSD
TOWN OF PROSPER
DENTON & COLLIN COUNTY
W:\projects\702\81\99\Y\PARK PL DA EXHIBIT C.dwg, 7/28/2023 2:56:04 PM, SHallPage 148
Item 13.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (PARK PLACE, PROSPER HILLS AND
PROSPER MEADOWS) Page 21 of 21
EXHIBIT D
(Estimated Construction Costs)
Page 149
Item 13.
Prepared: 9/18CATEGORYPROSPER TRAIL SOUTH LANES - PARK PLACEPROSPER TRAIL SOUTH LANES - PROSPER HILLSTEEL PARKWAY EAST LANES - PROSPER HILLSPROSPER TRAIL NORTH LANES - PROSPER MEADOWTOTAL$17,671 $11,161 $7,974 $7,715 $44,521Cost/LF$6$5$5$5$5$88,796 $82,756 $66,375 $42,430 $280,357Cost/LF $31 $37 $41 $27 $34$424,957 $48,129 $46,101 $58,512 $577,699Cost/LF $146 $21 $28 $38 $69$824,870 $501,288 $393,366 $351,577 $2,071,101Cost/LF $283 $222 $243 $226 $248PROFESSIONAL FEES$271,260 $128,668 $102,764 $92,048 $594,740OVERALL CONTINGENCY15% $203,444 $96,500 $77,072 $69,035 $446,051$1,830,998 $868,502 $693,652 $621,317 $4,014,469Length (LF) 2,910 2,254 1,620 1,554 8,338 Cost per Linear Foot $629 $385 $428 $400 $4811) IT IS IMPORTANT TO NOTE THAT THIS REPORT IS LIMITED IN ACCURACY BECAUSE IT WAS PREPARED WITHOUT THE BENEFIT OF PERMITTED CONSTRUCTION DOCUMENTS AND/OR ENGINEERING REPORTS, THAT MAY BE REQUIRED FOR PERMITTING AND THAT MAY YIELD NEW INFORMATION WHICH COULD AFFECT THE FINAL DEVELOPMENT COST.2) ALL INFRASTRUCTURE COST IDENTIFIED ABOVE ARE PREDICATED ON THE ASSUMPTIONS AND EXCLUSIONS IDENTIFIED IN THE DETAILED COST "BREAK-DOWN" OF PROBABLE COST BY TRACT.PROSPER TRAIL & TEEL PARKWAY OPCProsper, Denton, TexasOpinion of Probable Cost SummaryEROSION CONTROLEXCAVATION TOTALSSTORM SEWERPAVINGP-D No. 70281PAPE-DAWSON ENGINEERSPage 150Item 13.
Length: 2,910 Total Acres: 1.9
Prepared: 9/18
CATEGORY By Category Per LF
$17,671 $6
$88,796 $31
$424,957 $146
$824,870 $283
CONSTRUCTION SUB-TOTALS $1,356,294 $466
PROFESSIONAL FEES $271,260 $93
OVERALL CONTINGENCY 15%$203,444 $70
$1,830,998 $629
1) IT IS IMPORTANT TO NOTE THAT THIS REPORT IS LIMITED IN ACCURACY BECAUSE IT WAS PREPARED WITHOUT THE BENEFIT OF PERMITTED
CONSTRUCTION DOCUMENTS AND/OR ENGINEERING REPORTS, THAT MAY BE REQUIRED FOR PERMITTING AND THAT MAY YIELD NEW INFORMATION
WHICH COULD AFFECT THE FINAL DEVELOPMENT COST.
2) ALL INFRASTRUCTURE COST IDENTIFIED ABOVE ARE PREDICATED ON THE ASSUMPTIONS AND EXCLUSIONS IDENTIFIED IN THE DETAILED COST
"BREAK-DOWN" OF PROBABLE COST BY TRACT.
TOTAL
EXCAVATION
STORM SEWER
PAVING
PROSPER TRAIL SOUTH LANES - PARK PLACE
Prosper, Denton, Texas
Opinion of Probable Cost Summary
EROSION CONTROL
P-D No. 70281 PAPE-DAWSON ENGINEERS
Page 151
Item 13.
UNIT COST UNIT QTY TOTAL
($) (-) (± #) ($)
SILT FENCE (HIGH FLOW) 1.70$ LF.4,265 7,251$
SILT FENCE MAINTENANCE & REMOVAL 1.50$ LF.4,265 6,398$
ROCK CHECK DAMS 699.00$ EA.0 -$
4' ROLL OF CURLEX WITH SEED 0.62$ LF.3,588 2,225$
INLET PROTECTION 75.00$ EA.6 450$
SALES TAX ON IMPROVEMENTS 8.25%%16,324$ 1,347$
TOTAL 17,671$
UNIT COST UNIT QTY TOTAL
($) (-) (± #) ($)
MOBILIZATION 10,500.00$ LS.1.0 10,500$
CLEARING & GRUBBING VEGETATION 2,000.00$ AC.6.8 13,600$
CLEAR & GRIND TREES 16,000.00$ LS.1.0 16,000$
CONSTRUCTION ENTRANCE 2,649.00$ EA.1 2,649$
STREET & RIGHT-OF-WAY EXCAVATION 3.00$ CY.5,793 17,379$
STREET MOISTURE CONDITIONING 5' DEEP 1.59$ CY.16,200 25,758$
DIVERSION SWALE GRADING 1.00$ LF.2,910 2,910$
TOTAL 88,796$
UNIT COST UNIT QTY TOTAL
($) (-) (± #) ($)
10' INLET 8,131.20$ EA.6 48,788$
21" R.C.P.72.66$ LF.1217 88,428$
24" R.C.P.84.04$ LF.144 12,102$
42" R.C.P.186.33$ LF.322 59,999$
48" R.C.P.221.05$ LF.500 110,525$
6' X 4' R.C.B 476.91$ LF.20 9,539$
4'X4' STORM MANHOLE 6,782.05$ EA.1 6,783$
5'X5' STORM MANHOLE 9,843.35$ EA.2 19,687$
8'X8' STORM MANHOLE 28,507.00$ EA.1 28,507$
4' X 4' DROP INLET WITH APRON 6,782.05$ EA.1 6,783$
5' X 5' DROP INLET WITH APRON 9,843.35$ EA.1 9,844$
21" END & PLUG 379.94$ EA.5 1,900$
CONNECT TO EXISTING STORM LINE 1,778.70$ EA.1 1,779$
TESTING & T.V. INSPECTION 6.05$ LF.2,203 13,329$
TRENCH SAFETY 0.31$ LF.2,203 683$
MAINTENANCE BOND 1.5%%418,676$ 6,281$
TOTAL 424,957$
UNIT COST UNIT QTY TOTAL
($) (-) (± #) ($)
9" REINF. CONCRETE STREET PAVEMENT 64.60$ SY.9,330 602,718$
9" NON-REINFORCED CONCRETE TRANSITION 72.95$ SY.289 21,083$
12" LIME TREATED SUBGRADE 3.55$ SY.10,823 38,422$
HYDRATED LIME 319.00$ TN.195 62,205$
3 MIL POLY 6' WIDE 1.65$ LF.5,820 9,603$
PAVEMENT HEADER & BARRICADE 2,070.00$ EA.2 4,140$
REMOVE EXISTING GRAVEL ROAD 5.00$ SY.12,016 60,080$
CONNECT TO EXISTING 800.00$ EA.1 800$
PAVEMENT MARKINGS 3.25$ LF.2,910 9,458$
TRAFFIC SIGNS 695.00$ EA.6 4,170$
MAINTENANCE BOND 1.5%%812,679$ 12,191$
TOTAL 824,870$
TOTAL
($)
ENGINEERING & SURVEY 15.0% 1,356,294$ 203,445$
GEOTECHNICAL & MATERIAL TESTING 5.0% 1,356,294$ 67,815$
TOTAL 271,260
$%
STORM SEWER
PAVING
EROSION CONTROL
EXCAVATION
PROFESSIONAL FEES
P-D No. 70281 PAPE-DAWSON ENGINEERS
Page 152
Item 13.
Length: 2,254 Total Acres: 2.3
Prepared: 9/18
CATEGORY By Category Per LF
$11,161 $5
$82,756 $37
$48,129 $21
$501,288 $222
CONSTRUCTION SUB-TOTALS $643,334 $285
PROFESSIONAL FEES $128,668 $57
OVERALL CONTINGENCY 15%$96,500 $43
$868,502 $385
STORM SEWER
PAVING
TOTAL
1) IT IS IMPORTANT TO NOTE THAT THIS REPORT IS LIMITED IN ACCURACY BECAUSE IT WAS PREPARED WITHOUT THE BENEFIT OF PERMITTED
CONSTRUCTION DOCUMENTS AND/OR ENGINEERING REPORTS, THAT MAY BE REQUIRED FOR PERMITTING AND THAT MAY YIELD NEW INFORMATION
WHICH COULD AFFECT THE FINAL DEVELOPMENT COST.
2) ALL INFRASTRUCTURE COST IDENTIFIED ABOVE ARE PREDICATED ON THE ASSUMPTIONS AND EXCLUSIONS IDENTIFIED IN THE DETAILED COST
"BREAK-DOWN" OF PROBABLE COST BY TRACT.
EXCAVATION
PROSPER TRAIL SOUTH LANES - PROSPER HILLS
Prosper, Denton, Texas
Opinion of Probable Cost Summary
EROSION CONTROL
P-D No. 70281 PAPE-DAWSON ENGINEERS
Page 153
Item 13.
UNIT COST UNIT QTY TOTAL
($) (-) (± #) ($)
SILT FENCE (HIGH FLOW) 1.70$ LF.2,254 3,832$
SILT FENCE MAINTENANCE & REMOVAL 1.50$ LF.2,254 3,381$
ROCK CHECK DAMS 699.00$ EA.0 -$
4' ROLL OF CURLEX WITH SEED 0.62$ LF.4,510 2,797$
INLET PROTECTION 75.00$ EA.4 300$
SALES TAX ON IMPROVEMENTS 8.25%%10,310$ 851$
TOTAL 11,161$
UNIT COST UNIT QTY TOTAL
($) (-) (± #) ($)
CLEARING & GRUBBING VEGETATION 2,000.00$ AC.2.3 4,660$
CLEAR & GRIND TREES 16,000.00$ LS.1 16,000$
CONSTRUCTION ENTRANCE 2,649.00$ EA.1 2,649$
STREET & RIGHT-OF-WAY EXCAVATION 3.00$ CY.13,400 40,200$
STREET MOISTURE CONDITIONING 5' DEEP 1.59$ CY.12,105 19,247$
TOTAL 82,756$
UNIT COST UNIT QTY TOTAL
($) (-) (± #) ($)
10' INLET 8,131.20$ EA.2 16,263$
12' INLET 9,500.00$ EA.2 19,000$
18" R.C.P.67.74$ LF.164 11,110$
TESTING & T.V. INSPECTION 6.05$ LF.164 993$
TRENCH SAFETY 0.31$ LF.164 51$
MAINTENANCE BOND 1.5%%47,417$ 712$
TOTAL 48,129$
UNIT COST UNIT QTY TOTAL
($) (-) (± #) ($)
9" REINF. CONCRETE STREET PAVEMENT 64.60$ SY.6,261 404,461$
12" LIME TREATED SUBGRADE 3.55$ SY.7,263 25,784$
HYDRATED LIME 319.00$ TN.131 41,789$
3 MIL POLY 6' WIDE 1.65$ LF.4,508 7,439$
CONNECT TO EXISTING 800.00$ EA.1 800$
PAVEMENT MARKINGS 3.25$ LF.2,254 7,326$
TRAFFIC SIGNS 695.00$ EA.4 2,780$
TRAFFIC CONTROL DEVICES (SIGNS, BARRELS & BARRICADES) 3,500.00$ LS.1 3,500$
MAINTENANCE BOND 1.5%%493,879$ 7,409$
TOTAL 501,288$
TOTAL
($)
ENGINEERING & SURVEY 15.0% 643,334$ 96,501$
GEOTECHNICAL & MATERIAL TESTING 5.0% 643,334$ 32,167$
TOTAL 128,668
STORM SEWER
PAVING
PROFESSIONAL FEES
EROSION CONTROL
EXCAVATION
%$
P-D No. 70281 PAPE-DAWSON ENGINEERS
Page 154
Item 13.
Length: 1,620 Total Acres: 2.1
Prepared: 9/18
CATEGORY By Category Per LF
$7,974 $5
$66,375 $41
$46,101 $28
$393,366 $243
CONSTRUCTION SUB-TOTALS $513,816 $317
PROFESSIONAL FEES $102,764 $63
OVERALL CONTINGENCY 15%$77,072 $48
$693,652 $428
STORM SEWER
PAVING
TOTAL
1) IT IS IMPORTANT TO NOTE THAT THIS REPORT IS LIMITED IN ACCURACY BECAUSE IT WAS PREPARED WITHOUT THE BENEFIT OF PERMITTED
CONSTRUCTION DOCUMENTS AND/OR ENGINEERING REPORTS, THAT MAY BE REQUIRED FOR PERMITTING AND THAT MAY YIELD NEW INFORMATION
WHICH COULD AFFECT THE FINAL DEVELOPMENT COST.
2) ALL INFRASTRUCTURE COST IDENTIFIED ABOVE ARE PREDICATED ON THE ASSUMPTIONS AND EXCLUSIONS IDENTIFIED IN THE DETAILED COST
"BREAK-DOWN" OF PROBABLE COST BY TRACT.
EXCAVATION
TEEL PARKWAY EAST LANES - PROSPER HILLS
Prosper, Denton, Texas
Opinion of Probable Cost Summary
EROSION CONTROL
P-D No. 70281 PAPE-DAWSON ENGINEERS
Page 155
Item 13.
UNIT COST UNIT QTY TOTAL
($) (-) (± #) ($)
SILT FENCE (HIGH FLOW) 1.70$ LF.1,606 2,731$
SILT FENCE MAINTENANCE & REMOVAL 1.50$ LF.1,606 2,409$
ROCK CHECK DAMS 699.00$ EA.0 -$
4' ROLL OF CURLEX WITH SEED 0.62$ LF.3,226 2,001$
INLET PROTECTION 75.00$ EA.3 225$
SALES TAX ON IMPROVEMENTS 8.25%%7,366$ 608$
TOTAL 7,974$
UNIT COST UNIT QTY TOTAL
($) (-) (± #) ($)
CLEARING & GRUBBING VEGETATION 2,000.00$ AC.2.1 4,120$
CLEAR & GRIND TREES 16,000.00$ LS.1 16,000$
CONSTRUCTION ENTRANCE 2,649.00$ EA.1 2,649$
STREET & RIGHT-OF-WAY EXCAVATION 3.00$ CY.9,964 29,892$
STREET MOISTURE CONDITIONING 5' DEEP 1.59$ CY.8,625 13,714$
TOTAL 66,375$
UNIT COST UNIT QTY TOTAL
($) (-) (± #) ($)
10' INLET 8,131.20$ EA.2 16,263$
12' INLET 9,500.00$ EA.1 9,500$
18" R.C.P.67.74$ LF.153 10,365$
21" R.C.P.72.66$ LF.0 -$
24" R.C.P.84.04$ LF.92 7,732$
TESTING & T.V. INSPECTION 6.05$ LF.245 1,483$
TRENCH SAFETY 0.31$ LF.245 76$
MAINTENANCE BOND 1.5%%45,419$ 682$
TOTAL 46,101$
UNIT COST UNIT QTY TOTAL
($) (-) (± #) ($)
9" REINF. CONCRETE STREET PAVEMENT 64.60$ SY.4,890 315,894$
12" LIME TREATED SUBGRADE 3.55$ SY.5,721 20,310$
HYDRATED LIME 319.00$ TN.103 32,857$
3 MIL POLY 6' WIDE 1.65$ LF.3,240 5,346$
CONNECT TO EXISTING 800.00$ EA.2 1,600$
PAVEMENT MARKINGS 3.25$ LF.1,620 5,265$
TRAFFIC SIGNS 695.00$ EA.4 2,780$
TRAFFIC CONTROL DEVICES (SIGNS, BARRELS & BARRICADES) 3,500.00$ LS.1 3,500$
MAINTENANCE BOND 1.5%%387,552$ 5,814$
TOTAL 393,366$
TOTAL
($)
ENGINEERING & SURVEY 15.0%
%513,816$ 77,073$
GEOTECHNICAL & MATERIAL TESTING 5.0%%513,816$ 25,691$
TOTAL 102,764
STORM SEWER
PAVING
PROFESSIONAL FEES
EROSION CONTROL
EXCAVATION
%$
P-D No. 70281 PAPE-DAWSON ENGINEERS
Page 156
Item 13.
Length: 1,554 Total Acres: 1.6
Prepared: 9/18
CATEGORY By Category Per LF
$7,715 $5
$42,430 $27
$58,512 $38
$351,577 $226
CONSTRUCTION SUB-TOTALS $460,234 $291
PROFESSIONAL FEES $92,048 $59
OVERALL CONTINGENCY 15%$69,035 $44
$621,317 $394
1) IT IS IMPORTANT TO NOTE THAT THIS REPORT IS LIMITED IN ACCURACY BECAUSE IT WAS PREPARED WITHOUT THE BENEFIT OF PERMITTED
CONSTRUCTION DOCUMENTS AND/OR ENGINEERING REPORTS, THAT MAY BE REQUIRED FOR PERMITTING AND THAT MAY YIELD NEW INFORMATION
WHICH COULD AFFECT THE FINAL DEVELOPMENT COST.
2) ALL INFRASTRUCTURE COST IDENTIFIED ABOVE ARE PREDICATED ON THE ASSUMPTIONS AND EXCLUSIONS IDENTIFIED IN THE DETAILED COST
"BREAK-DOWN" OF PROBABLE COST BY TRACT.
CATEGORY TOTALS
EXCAVATION
STORM SEWER
PAVING
PROSPER TRAIL NORTH LANES - PROSPER MEADOW
Prosper, Denton, Texas
Opinion of Probable Cost Summary
EROSION CONTROL
P-D No. 70281 PAPE-DAWSON ENGINEERS
Page 157
Item 13.
UNIT COST UNIT QTY TOTAL
($) (-) (± #) ($)
SILT FENCE (HIGH FLOW) 1.70$ LF.1,554 2,642$
SILT FENCE MAINTENANCE & REMOVAL 1.50$ LF.1,554 2,331$
ROCK CHECK DAMS 699.00$ EA.0 -$
4' ROLL OF CURLEX WITH SEED 0.62$ LF.3,110 1,929$
INLET PROTECTION 75.00$ EA.3 225$
SALES TAX ON IMPROVEMENTS 8.25%
%7,127$ 588$
TOTAL 7,715$
UNIT COST UNIT QTY TOTAL
($) (-) (± #) ($)
CLEARING & GRUBBING VEGETATION 2,000.00$ AC.1.6 3,200$
CONSTRUCTION ENTRANCE 2,649.00$ EA.1 2,649$
STREET & RIGHT-OF-WAY EXCAVATION 3.00$ CY.7,770 23,310$
STREET MOISTURE CONDITIONING 5' DEEP 1.59$ CY.8,346 13,271$
TOTAL 42,430$
UNIT COST UNIT QTY TOTAL
($) (-) (± #) ($)
10' INLET 8,131.20$ EA.3 24,394$
21" R.C.P.72.66$ LF.173 12,571$
42" R.C.P.186.33$ LF.98 18,261$
42" END & PLUG 695.78$ EA.1 696$
TESTING & T.V. INSPECTION 6.05$ LF.271 1,640$
TRENCH SAFETY 0.31$ LF.271 85$
MAINTENANCE BOND 1.5%%57,647$ 865$
TOTAL 58,512$
UNIT COST UNIT QTY TOTAL
($) (-) (± #) ($)
9" REINF. CONCRETE STREET PAVEMENT 64.60$ SY.4,317 278,857$
12" LIME TREATED SUBGRADE 3.55$ SY.5,122 18,183$
HYDRATED LIME 319.00$ TN.91 29,029$
3 MIL POLY 6' WIDE 1.65$ LF.3,108 5,129$
PAVEMENT HEADER & BARRICADE 2,070.00$ EA.2 4,140$
CONNECT TO EXISTING 800.00$ EA.1 800$
PAVEMENT MARKINGS 2.55$ L.F.1,554 3,963$
TRAFFIC SIGNS 695.00$ EA.4 2,780$
TRAFFIC CONTROL DEVICES (SIGNS, BARRELS & BARRICADES) 3,500.00$ LS.1 3,500$
MAINTENANCE BOND 1.5%%346,381$ 5,196$
TOTAL 351,577$
TOTAL
($)
ENGINEERING & SURVEY 15.0%
%460,234$ 69,036$
GEOTECHNICAL & MATERIAL TESTING 5.0%%460,234$ 23,012$
TOTAL 92,048
%$PROFESSIONAL FEES
STORM SEWER
PAVING
EROSION CONTROL
EXCAVATION
P-D No. 70281 PAPE-DAWSON ENGINEERS
Page 158
Item 13.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Engineering Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Wastewater Impact Fees Reimbursement Agreement
(Park Place and Prosper Hills)
Town Council Meeting – September 26, 2023
Strategic Visioning Priority: 1. Acceleration of Infrastructure
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Wastewater Impact Fees
Reimbursement Agreement between PPP 100 DEV LLC, PROSPER HILLS LP, and the Town of
Prosper, Texas, related to the extension of a wastewater line to serve the Park Place and Prosper
Hills developments.
Description of Agenda Item:
PPP 100 DEV LLC, and PROSPER HILLS LP, are developing the Park Place and Prosper Hills
developments and are planning on constructing a ten-inch (10”) wastewater line, as depicted on
the Town of Prosper Wastewater Master Plan. Since the proposed wastewater line is depicted on
the Town of Prosper Wastewater System Capital Improvement Plan, the actual costs for the
design and construction of the improvements are eligible for reimbursement of wastewater impact
fees collected by the development.
The purpose of the Wastewater Impact Fees Reimbursement Agreement is to outline the
obligations of the Town of Prosper, PPP 100 DEV LLC, and PROSPER HILLS LP, related to the
design, construction, and reimbursement of collected wastewater impact fees to fund the projects.
Budget Impact:
The total estimated cost for the design and construction of the wastewater line is $186,169. The
current anticipated wastewater impact fees owed by the Park Place and Prosper Hills
developments are $1,046,962. In the event that full reimbursement has not been made to PPP
100 DEV LLC, and PROSPER HILLS LP, by the Town after the expiration of ten (10) years from
the date of the Town’s acceptance of the wastewater line, the Town will reimburse PPP 100 DEV
LLC, and PROSPER HILLS LP, any shortfall.
ENGINEERING
SERVICES
Page 159
Item 14.
Page 2 of 2
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality. PPP 100 DEV LLC, and PROSPER HILLS LP, will contribute up to $2,000 towards the
legal preparation fees.
Attached Documents:
1. Town of Prosper Wastewater System Capital Improvement Plan
2. Wastewater Impact Fees Reimbursement Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a
Wastewater Impact Fees Reimbursement Agreement between PPP 100 DEV LLC, PROSPER
HILLS LP, and the Town of Prosper, Texas, related to the extension of a wastewater line to serve
the Park Place and Prosper Hills developments.
Proposed Motion:
I move to authorize the Town Manager to execute a Wastewater Impact Fees Reimbursement
Agreement between PPP 100 DEV LLC, PROSPER HILLS LP, and the Town of Prosper, Texas,
related to the extension of a wastewater line to serve the Park Place and Prosper Hills
developments.
Page 160
Item 14.
Town of Prosper Wastewater System Capital Improvement Plan
(PPP 100 DEV LLC, PROSPER HILLS, L.P., PROSPER MEADOWS, L.P.)
PROSPER TRAIL TEEL PARKWY LEGACY DRIVE Page 161
Item 14.
WASTEWATER IMPACT FEES REIMB AGREEMENT (PARK PLACE. PROSPER HILLS, AND PROSPER
MEADOWS) Page 1 of 18
WASTEWATER IMPACT FEES REIMBURSEMENT AGREEMENT
(PARK PLACE & PROSPER HILLS)
THIS WASTEWATER IMPACT FEES REIMBURSEMENT AGREEMENT
(“Agreement”) is made and entered into this ___ day of _______________, 2023, by and
between the TOWN OF PROSPER, TEXAS (“Prosper” or the “Town”), and PPP 100 DEV
LLC, a Texas limited liability company (“Park Place”), PROSPER HILLS LP, a Texas
limited partnership (“Prosper Hills”), and collectively Park Place and Prosper Hills, are
referenced herein as “Developer,” collectively referred to as the “Parties.”
W I T N E S S E T H:
WHEREAS, Developer is developing multiple projects in the Town known as Park
Place and Prosper Hills, and
WHEREAS, the legal descriptions of the Park Place and Prosper Hills properties
(“Property”) are attached hereto as Exhibit A; and
WHEREAS, pursuant to the Water and Wastewater Improvement Plan (the
“Master Wastewater Plan”), Developer desires, subject to the terms and conditions set
forth herein, to construct certain Wastewater Improvements (as defined in Paragraph
3(b), below) to serve the Property; and
WHEREAS, Developer desires to fulfill a portion of its obligation to pay Wastewater
Impact Fees (as defined in Paragraph 3(a), below) as prescribed in Article 10.02 of
Chapter 10 of the Town’s Code of Ordinances, as amended (the “Impact Fee
Ordinance”); and
WHEREAS, this Agreement clearly is in the best interests of the Town and
Developer and it is deemed mutually beneficial to each that the construction of
Wastewater lines to and in the Property proceed uniformly.
NOW, THEREFORE, in consideration of the foregoing premises and for other good
and valuable consideration, the receipt and adequacy of which are hereby acknowledged,
the Town and Developer covenant and agree as follows:
1. Land Subject to Agreement. The land that is subject to this Agreement is
the Property. Developer represents that it is the sole owner of the Property.
2. Easements.
(a) Within one hundred eighty (180) days of the Effective Date, Developer
agrees to convey easements and right-of-way, free and clear of liens and encumbrances,
by instrument acceptable to Town, with the actual locations to be determined by Town
upon completion of the final engineering (the “Easement Parcels”), which shall include
Page 162
Item 14.
WASTEWATER IMPACT FEES REIMB AGREEMENT (PARK PLACE. PROSPER HILLS, AND PROSPER
MEADOWS) Page 2 of 18
permanent Wastewater easements. The final widths of the Easement Parcels will be
determined upon completion of the final engineering, as approved by Town.
3. Wastewater Improvements.
(a) Subject to the provisions of this Paragraph 3 and this Agreement, the
Property will be assessed Wastewater Impact Fees at the rates then in effect pursuant to
the Impact Fee Ordinance as it presently exists or may be subsequently amended (the
“Wastewater Impact Fees”).
(b) Developer shall, at its sole cost and expense, except as provided in
Paragraph 4, below, construct and install a: 10” diameter sewer line as depicted on the
Master Wastewater Plan and in the locations generally depicted on Exhibit B, attached
hereto and incorporated herein for all purposes (collectively referred to herein as the
“Wastewater Improvements”).
(c) Developer shall bid the construction of each portion of the Wastewater
Improvements as shown in the related construction plans set with three (3) qualified
contractors and shall provide copies of the bids received for such items to Town within
five (5) business days of Developer’s receipt of same. Developer shall: (i) execute a
contract for the construction of each portion of the Wastewater Improvements with the
lowest responsible bidder, as mutually and reasonably determined by Town and
Developer; (ii) commence, or cause to be commenced, construction of each portion of
the Wastewater Improvements within the project development schedule following: (A) the
execution of this Agreement; and (B) approval of the Wastewater Improvements’
engineering plans, specifications and designs by Town’s Engineer, which approval shall
not be unreasonably withheld or delayed; (iii) construct each portion of the Wastewater
Improvements in accordance with Town-approved engineering plans, specifications and
designs; and (iv) complete each portion of the Wastewater Improvements and obtain
Town’s acceptance of same prior to Town’s final acceptance of the Wastewater
Improvements.
(d) Developer represents that the estimated Wastewater Improvements
construction costs are one hundred eighty six thousand one hundred sixty nine and
No/100 Dollars ($186,169.00), as more particularly described in Exhibit D, attached
hereto and incorporated herein for all purposes (the “Estimated Construction Costs”).
Developer acknowledges and agrees that Town is relying on Developer’s engineer’s
representation and warranty that the Estimated Construction Costs are as described in
Exhibit D. Prior to receiving any credit described in Paragraph 4 below, Developer shall
tender to Town evidence, in a form(s) reasonably acceptable to Town, that all of the
Wastewater Improvements construction costs (the “Wastewater Improvement Costs”)
have been paid by Developer, including but not limited to, Affidavits of Payment/Affidavits
as to Debts and Liens and any other evidence reasonably required by Town (“Evidence
of Payment(s)”).
Page 163
Item 14.
WASTEWATER IMPACT FEES REIMB AGREEMENT (PARK PLACE. PROSPER HILLS, AND PROSPER
MEADOWS) Page 3 of 18
4. Reimbursement from Wastewater Impact Fees.
(a) Provided Developer completes the Wastewater Improvements in
accordance with this Agreement, Developer shall receive reimbursement of its
Wastewater Improvement Costs from the Wastewater Impact Fees collected by Town
related to service from the Wastewater Improvements, subject to the terms of this
Agreement.
(b) A depiction of the service areas for the Wastewater Improvements is
attached hereto as Exhibit C and made part hereof (the “Wastewater Service Areas”).
The Wastewater Service Areas may be expanded from time to time and, upon such
expansion, Exhibit C shall be amended accordingly.
(c) Wastewater Impact Fees collected by Town related to service from the
Wastewater Improvements, including fees collected with respect to service to property
other than the Property, shall be paid to Developer until the entire amount due to
Developer is paid in full.
(d) The reimbursement amount shall be an amount equal to the actual
construction costs associated with the Wastewater Improvements (the “Wastewater
Costs Reimbursement”). The phrase “construction costs” as used herein shall include
design costs, construction costs, engineering costs, surveying costs and geotechnical
materials testing associated with the Wastewater Improvements.
(e) All Wastewater Impact Fees collected by Town shall be paid by Town to
Developer on a quarterly basis within thirty (30) days following each March 31, June 30,
September 30, and December 31 until Developer has received the full amount of
Wastewater Costs Reimbursements, as it may be adjusted in accordance with this
Agreement.
(f) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TOWN
SHALL NOT BE OBLIGATED TO PROVIDE THE PROPERTY WITH THE
WASTEWATER COSTS REIMBURSEMENT FOR ANY CONSTRUCTION COSTS
ASSOCIATED WITH THE WASTEWATER IMPROVEMENTS UNLESS AND UNTIL
DEVELOPER PROVIDES THE EVIDENCE OF PAYMENT(S).
(g) Developer and Town acknowledge and agree that: (i) the Wastewater
Impact Fees collected may be less than the Wastewater Costs Reimbursements to which
Developer is entitled and Town does not guarantee the amount of Wastewater Impact
Fees that will be collected; (ii) after a period of ten (10) years, any shortfall between the
Wastewater Impact Fees collected and the Wastewater Costs Reimbursements shall be
paid to Developer from Town; and (iii) Wastewater Impact Fees owed on the Property
shall be paid in accordance with the Impact Fee Ordinance.
5. Assignment. Developer shall have the right to assign this Agreement, in
whole or in part, only to one or more parties purchasing undeveloped portions of Park
Place, which party (or parties) shall have the option to construct any Wastewater CIP
Page 164
Item 14.
WASTEWATER IMPACT FEES REIMB AGREEMENT (PARK PLACE. PROSPER HILLS, AND PROSPER
MEADOWS) Page 4 of 18
Projects located in such portions. As to the sale of land by Developer to any party to whom
this Agreement has not been assigned, in whole or in part, the purchaser thereof shall
have no rights or obligations under this Agreement and this Agreement shall not apply
with respect to such land. This Agreement shall not be filed of record.
6. Default.
(a) If Developer fails to comply with any provision of this Agreement after
receiving fifteen (15) days’ written notice to comply from the Town or such longer period
as may be reasonably necessary provided that Developer commences to cure the default
or breach within the 15-day period and proceeds with reasonable diligence thereafter to
complete such cure, then so long as such default continues and is not cured, the Town
shall have the following remedies, in addition to the Town’s other rights and remedies:
(i) to refuse to issue building permits for the Property; and/or
(ii) to refuse to accept any portion of any public improvements on the
Property and/or associated with the development of the Property; and/or
(iii) to refuse, without notice and/or any other action, to issue and/or
apply the reimbursements set forth in Paragraph 4; and/or
(iv) to construct and/or complete the Wastewater Improvements and to
recover any and all costs and expenses associated with the construction and/or
completion of same, including, but not limited to, any and all attorneys’ fees and costs
associated therewith; and/or
(v) to seek specific enforcement of this Agreement.
(b) In the event Town fails to comply with the terms and conditions of this
Agreement, Developer may seek specific enforcement of this Agreement as its sole and
exclusive remedy.
7. Other Applicable Development Ordinances. Unless otherwise expressly
stipulated in this Agreement, nothing herein shall relieve any developer from
responsibilities for the construction of other public improvements under applicable
development ordinances of the Town.
8. Covenant Running with Land. This Agreement shall be a covenant
running with the land and the Property and shall be binding upon Developer, its officers,
directors, partners, employees, representatives, agents, successors, assignees, vendors,
grantees and/or trustees. In addition, the Parties shall cause this Agreement to be filed
in the Real Property Records of Denton County, Texas.
9. Limitations of Agreement. The Parties hereto acknowledge that this
Agreement is limited to the Wastewater Impact Fees as described in the Impact Fee
Page 165
Item 14.
WASTEWATER IMPACT FEES REIMB AGREEMENT (PARK PLACE. PROSPER HILLS, AND PROSPER
MEADOWS) Page 5 of 18
Ordinance. Town ordinances covering property taxes, utility rates, permit fees, inspection
fees, development fees, sewer impact fees, park fees, tap fees, pro-rata fees and the like
are not affected by this Agreement. Further, this Agreement does not waive or limit any
of the obligations of Developer to Town under any other ordinance, whether now existing
or in the future arising.
10. Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas, and all obligations of the Parties created hereunder
are performable in Denton County, Texas.
11. Notices. Any notice provided or permitted to be given under this
Agreement must be in writing and may be served by depositing same in the United States
mail, addressed to the Party to be notified, postage pre-paid and registered or certified
with return receipt requested, or by delivering the same in person to such Party via
facsimile or a hand–delivery service, Federal Express or any courier service that provides
a return receipt showing the date of actual delivery of same to the addressee thereof.
Notice given in accordance herewith shall be effective upon receipt at the address of the
addressee. For purposes of notice, the addresses of the Parties shall be as follows:
If to Town, addressed to it at:
Town of Prosper
ATTN: Town Manager
P. O. Box 307
250 W. First Street
Prosper, Texas 75078
Telephone: (972) 346-2640
With a copy to:
Brown & Hofmeister, L.L.P.
ATTN: Terrence S. Welch, Esq.
740 E. Campbell Road
Richardson, TX 75081
Telephone: (214) 747-6104
Page 166
Item 14.
WASTEWATER IMPACT FEES REIMB AGREEMENT (PARK PLACE. PROSPER HILLS, AND PROSPER
MEADOWS) Page 6 of 18
If to Developer, addressed to it at:
PPP 100 DEV LLC
ATTN: Vijay Borra
826 Mango Court
Coppell, TX 75019
Telephone: (972) 304-0506
PROSPER HILLS LP
ATTN: Vijay Borra
826 Mango Court
Coppell, TX 75019
Telephone: (972) 304-0506
With a copy to:
Poche Law PC
ATTN: Charles Poche, Jr. Esq.
15770 North Dallas Parkway, Suite 475
Dallas, TX 75248
Telephone: (214) 764-0961
12. Prevailing Party. In the event any person initiates or defends any legal
action or proceeding to enforce or interpret any of the terms of this Agreement, the
prevailing party in any such action or proceeding shall be entitled to recover its reasonable
costs and attorney’s fees (including its reasonable costs and attorney’s fees on any
appeal).
13. Sovereign Immunity. The Parties agree that Town has not waived its
sovereign immunity by entering into and performing its obligations under this Agreement;
however, for purposes of enforcement of this Agreement, Town agrees that it has waived
its sovereign immunity, and to that extent only.
14. Effect of Recitals. The recitals contained in this Agreement: (a) are true
and correct as of the effective date; (b) form the basis upon which the Parties negotiated
and entered into this Agreement; (c) are legislative findings of the Town Council; and (d)
reflect the final intent of the Parties with regard to the subject matter of this Agreement.
In the event it becomes necessary to interpret any provision of this Agreement, the intent
of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the
maximum extent possible, given full effect. The Parties have relied upon the recitals as
part of the consideration for entering into this Agreement and, but for the intent of the
Parties reflected by the recitals, would not have entered into this Agreement.
15. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
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WASTEWATER IMPACT FEES REIMB AGREEMENT (PARK PLACE. PROSPER HILLS, AND PROSPER
MEADOWS) Page 7 of 18
16. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile
signature will also be deemed to constitute an original if properly executed.
17. Entire Agreement. This Agreement contains the entire agreement
between the Parties hereto and supersedes all prior agreements, oral or written, with
respect to the subject matter hereof. The provisions of this Agreement shall be construed
as a whole and not strictly for or against any Party.
18. Savings/Severability. Invalidation of any one of the provisions of this
document by judgment or court order shall in no way affect any of the other provisions,
which shall remain in full force and effect. In the event any provision of this Agreement
shall be determined by any court of competent jurisdiction to be invalid or unenforceable,
the Agreement shall, to the extent reasonably possible, remain in force as to the balance
of its provisions as if such invalid provision were not a part hereof.
19. Notification of Sale or Transfer. Developer shall notify the Town in writing
of a sale or transfer of all or any portion of the Property where Developer plans to assign
all or a portion of this Agreement, as contemplated herein, within ten (10) business days
of such sale or transfer.
20. Authority to Execute. The Agreement shall become a binding obligation
on the signatories upon execution by all signatories hereto. The Town warrants and
represents that the individual executing this Agreement on behalf of the Town has full
authority to execute this Agreement and bind the Town to the same. Developer warrants
and represents that the individual executing this Agreement on behalf of Developer has
full authority to execute this Agreement and bind Developer to the same. This Agreement
is and shall be binding upon the Developer, its successors, heirs, assigns, grantees,
vendors, trustees, representatives, and all others holding any interest now or in the future.
21. Mediation. In the event of any disagreement or conflict concerning the
interpretation of this Agreement, and such disagreement cannot be resolved by the
signatories hereto, the signatories agree to submit such disagreement to mediation.
22. Indemnification. From the Effective Date of this Agreement to the date on
which all work with respect to a Wastewater CIP Project is completed and all
improvements, as contemplated herein, have been accepted by the Town, Developer,
individually and on behalf of its respective officers, directors, partners, employees,
representatives, agents, successors, assignees, vendors, grantees and/or trustees, does
hereby agree to release, defend, indemnify and hold harmless the Town and its elected
and appointed officials, officers, employees and agents from and against all damages,
injuries (including death), claims, property damages (including loss of use) losses,
demands, suits, judgments and costs, including reasonable attorney’s fees and expenses
(including attorney’s fees and expenses incurred in enforcing this indemnity), caused by
the negligent, grossly negligent, and/or intentional act and/or omission of the applicable
developer, its officers, directors, partners, employees, representatives, agents, or any
Page 168
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WASTEWATER IMPACT FEES REIMB AGREEMENT (PARK PLACE. PROSPER HILLS, AND PROSPER
MEADOWS) Page 8 of 18
other third parties for whom such developer is legally responsible, in its/their performance
of this Agreement, including but not limited to, the construction of the Wastewater CIP
Projects contemplated herein (hereinafter “claims”). Developer is expressly required to
defend the Town against all such claims arising under this Agreement, and the Town is
required to reasonably cooperate and assist developer(s) in providing such defense.
23. Approval of Counsel. In its reasonable discretion, the Town shall have
the right to approve counsel to be retained by Developer in fulfilling its obligation
hereunder to defend and indemnify the Town. The Town reserves the right to provide a
portion or all of its’ own defense, at its sole cost; however, the Town is under no obligation
to do so. Any such action by the Town is not to be construed as a waiver of Developer’s
obligation to defend the Town or as a waiver of Developer’s obligation to indemnify the
Town pursuant to this Agreement. Developer shall retain Town-approved defense
counsel within seven (7) business days of the Town’s written notice that the Town is
invoking its right to indemnification under this Agreement.
24. Survival. Paragraph 22, “Indemnification,” shall survive the termination of
this Agreement.
25. Additional Representations. Each signatory represents this Agreement
has been read by the Party for which this Agreement is executed and that such Party has
had the opportunity to confer with its counsel.
26. Miscellaneous Drafting Provisions. This Agreement shall be deemed
drafted equally by all Parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or principle that
the language herein is to be construed against any Party shall not apply.
27. No Third Party Beneficiaries. Nothing in this Agreement shall be
construed to create any right in any third party not a signatory to this Agreement, and the
Parties do not intend to create any third party beneficiaries by entering into this
Agreement.
28. Rough Proportionality. Developer hereby agrees that any land or
property donated and/or dedicated pursuant to this Agreement, whether in fee simple or
otherwise, to the Town relative to any development on the Property is roughly proportional
to the need for such land and Developer hereby waives any claim therefor that it may
have. Developer further acknowledges and agrees that all prerequisites to such a
determination of rough proportionality have been met, and that any costs incurred relative
to said donation are related both in nature and extent to the impact of the development
referenced herein. Both Developer and the Town further agree to waive and release all
claims one may have against the other related to any and all rough proportionality and
individual determination requirements mandated by the United States Supreme Court in
Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other
requirements of a nexus between development conditions and the provision of roadway
services to the Property.
Page 169
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WASTEWATER IMPACT FEES REIMB AGREEMENT (PARK PLACE. PROSPER HILLS, AND PROSPER
MEADOWS) Page 9 of 18
29. Attorney’s Fees. Developer agrees to pay, or cause to be paid, to Prosper
any attorney’s fees charged to Prosper by Prosper’s legal counsel for, among other
things, legal review and revision of this Agreement and all further agreements, ordinances
or resolutions contemplated by this Agreement, negotiations and discussions with
Developer’s attorney and the provision of advice to applicable Prosper Town Staff and
the Prosper Town Council, in an amount not to exceed $2,000 within ten (10) days upon
receipt of an invoice of same from Prosper.
IN WITNESS WHEREOF, the Parties hereto have caused this document to be
executed as of the date first above written.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Item 14.
WASTEWATER IMPACT FEES REIMB AGREEMENT (PARK PLACE. PROSPER HILLS, AND PROSPER
MEADOWS) Page 10 of 18
THE TOWN OF PROSPER, TEXAS
By: __________________________________
Name: Mario Canizares
Title: Town Manager
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ____ day of
_______________, 2023, by Mario Canizares, Town Manager for the Town of Prosper,
Texas, on behalf of the Town of Prosper, Texas.
_____________________________________
Notary Public, State of Texas
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WASTEWATER IMPACT FEES REIMB AGREEMENT (PARK PLACE. PROSPER HILLS, AND PROSPER
MEADOWS) Page 13 of 18
EXHIBIT A
(Property Legal Description)
Park Place
BEING A TRACT OF LAND SITUATED IN THE JOHN H. DURRETT SURVEY, ABSTRACT NO.
350 AND THE LOUISA NETHERLY SURVEY, ABSTRACT NO. 962, DENTON COUNTY,
TEXAS, AND BEING PART OF A TRACT OF LAND DESCRIBED IN DEED TO PROSPER 100
LP, ACCORDING TO THE DOCUMENT RECORDED IN INSTRUMENT NO. 2019-21287,
OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS (O.P.R.C.C.T.), AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PROSPER 100 LP TRACT AND THE
NORTHEAST CORNER OF LOT 1, BLOCK X, ARTESIA NORTH PHASE 4, AN ADDITION TO
THE TOWN OF PROSPER, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT
RECORDED IN CABINET 2016, SLIDE 76, PLAT RECORDS, DENTON COUNTY, TEXAS
(P.R.C.C.T.), ALSO BEING ON THE WEST LINE OF A TRACT OF LAND DESCRIBED IN DEED
AS TRACT IV TO BLUE STAR ALLEN LAND, LP, RECORDED IN INSTRUMENT NO. 2011-
60030, O.P.R.C.C.T.,
THENCE N 89° 32' 20" W, ALONG THE SOUTH LINE OF SAID PROSPER 100 LP TRACT, A
DISTANCE OF 2,909.87 FEET TO SOUTWEST CORNER OF SAID PROSPER 100 LP TRACT,
SAME BEING THE MOST EASTERLY SOUTHEAT CORNER OF A TRACT OF LAND
DESCRIBED IN DEED TO PROSPER HILLS, LP, ACCORDING TO THE DOCUMENT
RECORDED IN INSTRUMENT NO. 2022-117712, O.P.R.C.C.T., ALSO BEING ON THE NORTH
LINE OF LOT 3, BLOCK X, ARTESIA NORTH PHASE 2, AN ADDITION TO THE TOWN OF
PROSPER, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN
CABINET 2017, SLIDE 164, P.R.C.C.T.;
THENCE N 00° 12' 38" E, ALONG THE WEST LINE OF SAID PROSPER 100 LP TRACT AND
THE EAST LINE OF SAID PROSPER HILLS LLC TRACT, A DISTANCE OF 1,469.84 FEET TO
THE NORTHWEST CORNER OF SAID PROSPER 100 LP TRACT AND THE NORTHEAST
CORNER OF SAID PROSPER HILLS LLC TRACT;
THENCE N 89° 24' 39" E, ALONG THE NORTH LINE OF SAID PROSPER 100 LP TRACT, A
DISTANCE OF 1,852.41 FEET TO A 5/8" IRON ROD FOUND AT THE SOUTHEAST CORNER
OF A TRACT OF LAND DESCRIBED IN DEED TO PROSPER MEADOWS LP, ACCORDING
TO THE DOCUMENT RECORDED IN INSTRUMENT NO. 2019-65177, O.P.R.C.C.T.;
THENCE N 89° 20' 59" E, ALONG THE NORTH LINE OF SAID PROSPER 100 LP TRACT AND
THE SOUTH LINE OF SAID PROSPER MEADOWS LP TRACT, A DISTANCE OF 1,057.81
FEET TO THE NORTHEAST CORNER OF SAID PROSPER 100 LP TRACT AND THE
NORTHWEST CORNER OF THE ABOVE MENTIONED TRACT IV;
THENCE S 00° 12' 49" W, ALONG THE EAST LINE OF SAID PROSPER 100 LP TRACT AND
THE WEST LINE OF SAID TRACT IV, A DISTANCE OF 1,524.31 FEET TO THE POINT OF
BEGINNING, AND CONTAINING 99.983 ACRES OR 4,355,272 SQUARE FEET OF LAND
MORE OR LESS
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Prosper Hills
BEING A TRACT OF SITUATED IN THE LOUIS NETHERLY SURVEY, ABSTRACT NO. 962,
TOWN OF PROSPER, DENTON COUNTY, TEXAS, AND BEING ALL OF A TRACT OF LAND
DESCRIBED IN DEED TO PROSPER HILLS, LP, RECORDED IN INSTRUMENT NUMBER
2017-82639 OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS (O.P.R.D.C.T.), ALSO
BEING A PORTION OF SEC TEEL–PROSPER ADDITION, AN ADDITION TO THE TOWN OF
PROSPER, RECORDED IN INSTRUMENT NUMBER 2022-1306, PLAT RECORDS, DENTON
COUNTY, TEXAS (P.R.D.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY SOUTHEAST CORNER OF SAID PROSPER HILLS,
LP TRACT, SAME BEING THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED
IN DEED TO PROSPER 100 LP, RECORDED IN INSTRUMENT NUMBER 2019-21287
O.P.R.D.C.T., FROM WHICH AN “X” CUT FOUND AT THE INTERSECTION OF GREENBELT
PARK LANE, AN EXISTING 50’ RIGHT-OF-WAY, AND HUBBARD PARK AVENUE, AN
EXISTING 50’ RIGHT-OF-WAY, ARTESIA NORTH PHASE 2 (ARTESIA ADDITION), AN
ADDITION TO THE TOWN OF PROSPER, DENTON COUNTY, TEXAS, RECORDED IN
INSTRUMENT NUMBER 2017-164 O.P.R.D.C.T., BEARS S 57°25’44” W, 129.03 FEET;
THENCE N 89° 32’20” W, WITH THE MOST EASTERLY SOUTH LINE OF SAID PROSPER
HILLS, LP TRACT AND THE NORTH LINE OF SAID ARTESIA ADDITION, A DISTANCE OF
553.82 FEET TO AN INTERIOR ELL CORNER OF SAID PROSPER HILLS, LP TRACT AND
THE NORTHWEST CORNER OF LOT 3, BLOCK X, OF SAID ARTESIA ADDITION;
THENCE S 00°03'28" W, ALONG AN EAST LINE OF SAID PROSPER HILLS LP TRACT AND
THE WEST LINE OF SAID ARTESIA ADDITION, A DISTANCE OF 259.13 FEET TO THE
MOST SOUTHERLY SOUTHEAST CORNER OF SAID PROSPER HILLS, LP TRACT, SAME
BEING THE NORTHEAST CORNER OF A REMAINDER TRACT OF LAND DESCRIBED IN
DEED TO INWOOD PLAZA JOINT VENTURE, RECORDED IN VOLUME 4233, PAGE 738,
DEED RECORDS DENTON COUNTY, TEXAS (D.R.D.C.T.);
THENCE N 89°31'47" W, ALONG THE SOUTH LINE OF SAID PROSPER HILLS, LP TRACT
AND THE NOTH LINE OF SAID REMAINDER TRACT, A DISTANCE OF 1,308.00 FEET TO
THE SOUTHWEST CORNER OF SAID PROSPER HILLS, LP TRACT AND NORTHWEST
CORNER OF SAID REMAINER TRACT, ALSO BEING ON THE EAST LINE OF TEEL
PARKWAY (A VARIABLE WIDTH RIGHT-OF-WAY);
THENCE N 00°08'41" W, ALONG THE WEST LINE OF SAID PROSPER HILLS, LP TRACT
AND THE EAST LINE OF SAID TEEL PARKWAY, A DISTANCE OF 149.49 FEET TO THE
SOUTH CORNER OF SAID SEC TEEL–PROSPER ADDITION;
THENCE N 00°02'02" E, CONTINUING ALONG THE WEST LINE OF SAID PROSPER HILLS,
SAME BEING THE EAST LINE OF SAID SEC TEEL–PROSPER ADDITION, A DISTANCE OF
1,043.46 FEET TO THE SOUTH CORNER OF LOT 1, BLOCK A, OF SAID SEC TEEL–
PROSPER ADDITION, AND BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE
LEFT HAVING A CENTRAL ANGLE OF 01°08'34", A RADIUS OF 1,060.00 FEET, AND A
CHORD BEARING AND DISTANCE OF N 19°32'51" W, 21.14 FEET;
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WASTEWATER IMPACT FEES REIMB AGREEMENT (PARK PLACE. PROSPER HILLS, AND PROSPER
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THENCE ALONG THE WEST LINE OF LOT 1, BLOCK A, OF SAID SEC TEEL–PROSPER
ADDITION THE FOLLOWING COURSES AND DISTANCES:
ALONG SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 21.14 FEET;
N 20°22'59" W, A DISTANCE OF 150.91 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 00°10'12", A
RADIUS OF 1,070.00 FEET, AND A CHORD BEARING AND DISTANCE OF
N 28°18'42" W 3.18 FEET;
ALONG SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 3.18 FEET;
N 28°23'48" W, A DISTANCE OF 171.87 FEET;
N 16°39'53" E, A DISTANCE OF 49.44 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 10°03'53", A
RADIUS OF 745.00 FEET, AND A CHORD BEARING DISTANCE OF N 67°19'26" E,
130.70 FEET;
ALONG SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 130.87 FEET;
N 72°21'22" E, A DISTANCE OF 8.76 FEET TO THE WEST LINE OF SAID PROSPER
HILLS, LP TRACT;
THENCE N 00°02'02" E, ALONG THE WEST LINE OF SAID PROSPER HILLS, LP TRACT, A
DISTANCE OF 87.91 FEET TO THE NORTHWEST CORNER OF SAID PROSPER HILLS, LP
TRACT;
THENCE N 89°47'56" E, ALONG THE NORTH LINE OF SAID PROSPER HILLS, LP TRACT, A
DISTANCE OF 306.82 FEET;
THENCE N 89°24'39" E, CONTINUING ALONG THE NORTH LINE OF SAID PROSPER
HILLS, LP TRACT, A DISTANCE OF 1,560.15 FEET TO THE NORTHEAST CORNER OF
SAID PROSPER HILLS, LP TRACT, SAME BEING THE NORTHWEST CORNER OF SAID
PROSPER 100 LP TRACT;
THENCE S 00°12'38" W, ALONG THE EAST LINE OF SAID PROSPER HILLS, LP TRACT AND
THE WEST LINE OF SAID PROSPER 100 LP TRACT, A DISTANCE OF 1,469.84 FEET TO
THE POINT OF BEGINNING, AND CONTAINING 70.674 ACRES OR 3,078,580 SQUARE FEET
OF LAND MORE OR LESS
Page 176
Item 14.
WASTEWATER IMPACT FEES REIMB AGREEMENT (PARK PLACE. PROSPER HILLS, AND PROSPER
MEADOWS) Page 16 of 18
EXHIBIT B
(Wastewater Improvements)
Page 177
Item 14.
DATENO.BY REVISION
SHEET
PLATE NO.:
DRAWNDESIGN CHECKED DATE SCALE JOB
REVISED:
TEXAS ENGINEERING FIRM #470 I TEXAS SURVEYING FIRM #10194390
6105 TEN N YSO N PK W Y, STE 210 I PLAN O, TX 75024 I 214.420.8494
1
1NONEJULY 2023SIHSIHMSD
TOWN OF PROSPER
DENTON & COLLIN COUNTY
W:\projects\702\81\99\Y\PARK PL SS EXHIBIT B.dwg, 8/1/2023 7:40:06 AM, SHallPage 178
Item 14.
WASTEWATER IMPACT FEES REIMB AGREEMENT (PARK PLACE. PROSPER HILLS, AND PROSPER
MEADOWS) Page 17 of 18
EXHIBIT C
(Area of Reimbursement)
Page 179
Item 14.
DATENO.BY REVISION
SHEET
PLATE NO.:
DRAWNDESIGN CHECKED DATE SCALE JOB
REVISED:
STATE REGISTRATION NUMBER: F-399
5225 Village Creek Drive, Suite 200 Plano, Texas 75093 972-931-0694
DOWDEY, ANDERSON & ASSOCIATES, INC.
1
1NONEJULY 2023SIHSIHMSD
TOWN OF PROSPER
DENTON & COLLIN COUNTY
Page 180
Item 14.
WASTEWATER IMPACT FEES REIMB AGREEMENT (PARK PLACE. PROSPER HILLS, AND PROSPER
MEADOWS) Page 18 of 18
EXHIBIT D
(Estimated Construction Costs)
Page 181
Item 14.
Length: 934
Prepared: 9/18
CATEGORY By Category Per LF
$139,190 $149
PROFESSIONAL FEES $26,100 $28
OVERALL CONTINGENCY 15%$20,879 $22
$186,169 $199
UNIT COST UNIT QTY TOTAL
($) (-) (± #) ($)
INSTALL SILT FENCE 1.70$ LF.934 1,588$
EROSION CONTROL SALES TAX 8.25%%1,588 132$
MOBILIZATION 4,500.00$ LS.1 4,500$
CLEAR & GRIND TREES FOR SANITARY SEWER LINE 22,000.00$ LS.1 22,000$
10" SDR-26 PVC PIPE 66.72$ LF.337 22,485$
10" SDR-35 PVC PIPE 57.55$ LF.597 34,358$
5' DIAMETER MANHOLE 10,971.26$ EA.3 32,914$
5' DIAMETER DROP MANHOLE 14,380.85$ EA.1 14,381$
CONNECT TO EXISTING 940.78$ EA.1 941$
TESTING & T.V. INSPECTION 4.24$ LF.934 3,961$
TRENCH SAFETY 0.31$ LF.934 290$
MAINTENANCE BOND 1.5%%109,330$ 1,640$
TOTAL 139,190$
TOTAL
($)
ENGINEERING & SURVEY 15.0% 137,550$ 20,633$
GEOTECHNICAL & MATERIAL TESTING 5.0%109,330$ 5,467$
TOTAL 26,100
CIP SANITARY SEWER - PROSPER HILLS
Prosper, Denton, Texas
Opinion of Probable Cost Summary
CATEGORY TOTALS
SANITARY SEWER
1) IT IS IMPORTANT TO NOTE THAT THIS REPORT IS LIMITED IN ACCURACY BECAUSE IT WAS PREPARED WITHOUT THE BENEFIT
OF PERMITTED CONSTRUCTION DOCUMENTS AND/OR ENGINEERING REPORTS, THAT MAY BE REQUIRED FOR PERMITTING AND
THAT MAY YIELD NEW INFORMATION WHICH COULD AFFECT THE FINAL DEVELOPMENT COST.
2) ALL INFRASTRUCTURE COST IDENTIFIED ABOVE ARE PREDICATED ON THE ASSUMPTIONS AND EXCLUSIONS IDENTIFIED IN
THE DETAILED COST "BREAK-DOWN" OF PROBABLE COST BY TRACT.
%$PROFESSIONAL FEES
WATER
P-D No. 70281 PAPE-DAWSON ENGINEERS
Page 182
Item 14.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Engineering Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Amendment to Ultimate Boundary Line Agreement
(City of McKinney)
Town Council Meeting – September 26, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon authorizing the Mayor to execute an Amendment to Ultimate Boundary
Line Agreement between the City of McKinney, Texas, and the Town of Prosper, Texas, related
to the maintenance of improvements along Christie Farms Boulevard in the City of McKinney to
serve the Christie Farms development.
Description of Agenda Item:
In 2001, the City of McKinney and the Town of Prosper approved a boundary line agreement which
set the municipalities boundary along the west right-of-way (ROW) of Custer Road as it existed in
2001. Prior to the Texas Department of Transportation (TxDOT) recent reconstruction of Custer
Road, Christie Farms Boulevard connected to the west side of old Custer Road, along the current
boundary line between the City of McKinney and the Town of Prosper. However, the
reconstruction realigned Custer Road in this area to improve the intersection with FM 1461 to the
north, which resulted in Christie Farms Boulevard being extended approximately 180 feet further
east into the City of McKinney’s jurisdiction.
The extension of Christie Farms Boulevard further east resulted in the existing entrance into the
Christie Farms development being further away from the intersection with Custer Road and the
residents have requested the Town of Prosper install street signs and lighting at the new
intersection of Christie Farms Boulevard and Custer Road, to provide improved visibility into their
development. The residents have also requested the ability to maintain and improve the median
created by the extension of Christie Farms Boulevard.
This amendment will allow the Town of Prosper to place street name signs, decorative pole,
lighting as well as other similar improvements along the short segment of Christie Farms
Boulevard where it extends into the City of McKinney. Any installation of improvements by the
Town will be the responsibility of the Town to maintain. The agreement also allows the McKinney
City Manager and the Prosper Town Manager the ability to agree to maintenance provisions for
medians and other ROW and easement areas along the entire ultimate boundary line in the future
by letter agreement versus formal amendment(s) to the Ultimate Boundary Line Agreement.
ENGINEERING
SERVICES
Page 183
Item 15.
Page 2 of 2
Budget Impact:
The cost for street signs is estimated to be $400 and will be purchased from the Streets
Department FY2024 Adopted Budget (Account Number 100-5640-50-01). The Town will work
with the local utility provider on options for providing a new street light at the intersection of Christie
Farms Boulevard and Custer Road. The costs for the installation of a new street light in unknown
at this time.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality.
Attached Documents:
1. Amendment to Ultimate Boundary Line Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Mayor to execute an Amendment to
Ultimate Boundary Line Agreement between the City of McKinney, Texas, and the Town of
Prosper, Texas, related to the maintenance of improvements along Christie Farms Boulevard in
the City of McKinney to serve the Christie Farms development.
Proposed Motion:
I move to authorize the Mayor to execute an Amendment to Ultimate Boundary Line Agreement
between the City of McKinney, Texas, and the Town of Prosper, Texas, related to the maintenance
of improvements along Christie Farms Boulevard in the City of McKinney to serve the Christie
Farms development.
Page 184
Item 15.
STATE OF TEXAS §
§
COUNTY OF COLLIN §
1
AMENDMENT TO ULTIMATE BOUNDARY LINE AGREEMENT
THIS AMENDMENT TO ULTILMATE BOUNDARY LINE AGREEMENT
(“Agreement”) is entered into by and between the Town of Prosper, Texas (“Prosper”),
and the City of McKinney, Texas (“McKinney”):
WHEREAS, on or about December 18, 2001, Prosper and McKinney, pursuant to
Section 43.031 of the Texas Local Government Code (now recodified as Section 43.015
of the Texas Local Government Code), entered into an agreement relative to each
municipality’s ultimate boundary line; and
WHEREAS, with the realignment of Custer Road by the Texas Department of
Transportation, the entrance into the Christie Farms development became further
separated from the previous alignment of Custer Road , resulting in a small amount of
property being located west of the new alignment of Custer Road but in side the corporate
limits of McKinney; and
WHEREAS, it is the desire of Prosper and McKinney to clarify that Prosper may
place certain improvements on the small tract of land located in McKinney but west of the
new alignment of Custer Road (“Tract”), as depicted in attached Exhibit 1, incorporated
by reference, subject to the terms contained herein; and
WHEREAS, Prosper and McKinney agree and acknowledge that nothing in this
Agreement shall require Prosper to maintain any portion of Custer Road, with such
maintenance responsibilities remaining with McKinney; and
WHEREAS, both Prosper and McKinney have determined that this Agreement
relative to the Tract is in each party’s best interests as well as in the best interests of the
citizens.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants herein made and the benefits to each party resulting therefrom, Prosper and
McKinney do hereby contract, covenant and agree as follows with respect to the Tract:
1. Prosper may place certain improvements on the Tract, including but not
limited to street name signs, decorative poles with stop signs and/or streetlight(s), and it
shall be the responsibility of Prosper to maintain such improvements. In the event that
Prosper wishes to place other similar improvements on the Tract, Prosper shall inform
McKinney of such improvements and the date(s) of the installation of such improvements
on the Tract. Any additional improvements placed on the Tract by Prosper shall be
maintained by Prosper.
2. Prosper acknowledges and agrees that it shall not unreasonably withhold a
drive approach from the property north of Christie Farms Road and west of Custer Road.
Page 185
Item 15.
2
3. Prosper and McKinney acknowledge that adjacent to their mutual
jurisdictional boundaries (whether corporate limits or extraterritorial jurisdiction
boundaries), there may exist small tracts of property, including but not limited to medians,
rights-of-way, and easements, that may require or necessitate ongoing maintenance,
mowing, installation of public facilities or structures, or similar responsibilities or action by
either Prosper or McKinney. In such event, either Prosper or McKinney by letter
agreement may mutually agree upon and assume such responsibilities or take other
appropriate actions without the necessity of an amendment to this Agreement.
4. All remaining provisions of the 2001 Ultimate Boundary Line Agreement
shall remain in full force and effect.
5. The persons signing this Agreement on behalf of the municipalities have
been duly authorized and empowered to do so.
6. In the event that one or more of the provisions contained in this Agreement
for any reason shall be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability of this Agreement shall be construed as if such
invalid, illegal or unenforceable provision had never been contained herein, but shall not
affect the remaining provisions of this Agreement, which shall remain in full force and
effect.
7. In the event of any dispute regarding this Agreement or the terms contained
herein, the parties hereto agree that they shall submit such dispute to non -binding
mediation.
8. This Agreement may be filed in the real property records of Collin County,
Texas.
9. This Agreement regarding shall take effect upon the date of passage by the
Prosper Town Council or McKinney City Council, whichever date is later.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Page 186
Item 15.
3
PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THE ___ DAY OF _________________, 20 23.
_________________________________
David F. Bristol, Mayor
ATTEST:
________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM:
________________________________
Terrence S. Welch, Town Attorney
Page 187
Item 15.
4
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
McKINNEY, TEXAS, ON THE ___ DAY OF _________________, 2023.
_________________________________
George Fuller, Mayor
ATTEST:
________________________________
Empress Drane, City Secretary
APPROVED AS TO FORM:
________________________________
Mark S. Houser, City Attorney
Page 188
Item 15.
CHRISTIE FAR MS B LVD N CUSTER TO OLDCUSTER CUSTER RDOLDCUSTERRD±60 Fe e t
EXHIBI T 1Depiction of Tract
Date : 9/6/202 3 ProsperMcKinneyChristie Farms Blvd
"Tract"
Page 189
Item 15.
Page 1 of 3
To: Mayor and Town Council
From: Terrence S. Welch, Town Attorney
Through: Mario Canizares, Town Manager
Re: Subdivision Ordinance Amendment
Town Council Meeting – September 26, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon an ordinance amending the Town’s Subdivision Ordinance by amending
Subpart (1) of Section (D), “Plat Required,” of Section 10.03.004, “Applicability,” to Comply with
Revised Language contained in House Bill No. 3699; amending Subsection (B) of Section
10.03.034, “Director of Development Services,” relative to Authorizing the Director of Development
Services to Approve or Deny Plats; amending Section 10.03.063, “30-day Time Frame for Plat
Approvals,” to Reflect that the Right to 30-day Action for Plat Applications Begins on the Filing
Date and One or More 30-day Extensions shall be authorized; adding a Definition of “Filing Date,”
amending the Definitions of “Approval” and “Plat,” and repealing the definitions of
“Administratively Complete” and “Official Submission Date,” contained in Section 10.03.192,
“Words and Terms Defined”; providing that the phrase “Official Submission Date” shall be
replaced with the phrase "Filing Date” in Sections 10.03.084(f)(2) and 10.03.085(h)(2).
Description of Agenda Item:
The Legislature recently passed, and the Governor signed, House Bill No. 3699 (“HB 3699”),
which provided for multiple amendments to the platting statute, contained in Chapter 212 of the
Texas Local Government Code. Consequently, it is necessary for the Town to amend its
Subdivision Ordinance to comply with HB 3699, even though many of the amendments to the
Subdivision Ordinance are technical and should not greatly affect the day-to-day operations of
Development Services. The amendments are as follows:
1. Amend current Section 10.03.004(D)(1) to read as follows:
“In accordance with LGC Section 212.004, the owner of a tract of land located within the Town’s
corporate limits or in the Extraterritorial Jurisdiction (ETJ) who divides the tract in two (2) or more
parts to lay out a subdivision of the tract, including an addition to a municipality, to lay out
suburban, building, or other lots, or to lay out streets, alleys, squares, parks, or other parts of the
tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting
on or adjacent to the streets, alleys, squares, parks, or other parts must have a Plat of the
subdivision prepared.”
PLANNING
Page 190
Item 16.
Page 2 of 3
This amendment is a technical revision to comply with wording in Section 4 of HB 3699.
2. Amend current Section 10.03.034 to allow the Director of Development Services to
approve or deny a plat.
Due to the definition of “filing date” contained in Section 4 of HB 3699—the date on which a plat
is submitted to the Town along with a completed application and applicable fees—there may arise
occasions when a plat cannot be timely reviewed and acted upon by the Town within 30 days, as
required by statute. Section 6 of HB 3699 allows for administrative approval or denial of plats,
and an appeal to either the Planning and Zoning Commission or Town Council in the event of
denial. Consequently, this proposed amendment would be utilized if a plat cannot be timely placed
on a Planning and Zoning Commission agenda and acted upon within the statutorily mandated
30-day period. Again, if a plat were denied administratively, the applicant may appeal such denial.
3. Amend current Section 10.03.063 to provide that the 30-day action period commences
on the filing date and the Planning and Zoning Commission or Town Council may approve
one or more 30-day extensions to the 30-day action period.
Since the Town’s definition of “filing date” is being amended in accordance with Section 4 of HB
3699, it is necessary to amend the Subdivision Ordinance to reflect that the filing date triggers the
30-day action period. Additionally, the last legislative amendments in 2019 specifically did not
allow the Town to request or even suggest a 30-day extension of the 30-day action period in the
event the review of the plat had not been completed; however, Section 8 of HB 3699 now allows
the Town and the applicant to mutually request Planning and Zoning Commission or Town Council
approval of one or more 30-day extensions of the 30-day action period.
4. Amend certain definitions contained in Section 10.03.192 to comply with HB 3699.
As noted, with the adoption of HB 3699, the following definitions are added or amended — “filing
date,” “approval” and “plat,” while the definitions of “administratively complete” and “official
submission date” are repealed since they are no longer necessary or in compliance with HB 3699.
“Official submission date” is now replaced with “filing date.”
Other items contained in HB 3699 are currently addressed in existing Subdivision Ordinance
provisions and no additional amendments are necessary.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
an ordinance amending the Town’s Subdivision Ordinance by amending Subpart (1) of Section
(D), “Plat Required,” of Section 10.03.004, “Applicability,” to Comply with Revised Language
contained in House Bill No. 3699; amending Subsection (B) of Section 10.03.034, “Director of
Development Services,” relative to Authorizing the Director of Development Services to Approve
or Deny Plats; amending Section 10.03.063, “30-day Time Frame for Plat Approvals,” to Reflect
that the Right to 30-day Action for Plat Applications Begins on the Filing Date and One or More
30-day Extensions shall be authorized; adding a Definition of “Filing Date,” amending the
Page 191
Item 16.
Page 3 of 3
Definitions of “Approval” and “Plat,” and repealing the definitions of “Administratively Complete”
and “Official Submission Date,” contained in Section 10.03.192, “Words and Terms Defined”;
providing that the phrase “Official Submission Date” shall be replaced with the phrase "Filing Date”
in Sections 10.03.084(f)(2) and 10.03.085(h)(2).
Proposed Motion:
I move to approve an ordinance amending the Town’s Subdivision Ordinance by amending
Subpart (1) of Section (D), “Plat Required,” of Section 10.03.004, “Applicability,” to Comply with
Revised Language contained in House Bill No. 3699; amending Subsection (B) of Section
10.03.034, “Director of Development Services,” relative to Authorizing the Director of Development
Services to Approve or Deny Plats; amending Section 10.03.063, “30-day Time Frame for Plat
Approvals,” to Reflect that the Right to 30-day Action for Plat Applications Begins on the Filing
Date and One or More 30-day Extensions shall be authorized; adding a Definition of “Filing Date,”
amending the Definitions of “Approval” and “Plat,” and repealing the definitions of
“Administratively Complete” and “Official Submission Date,” contained in Section 10.03.192,
“Words and Terms Defined”; providing that the phrase “Official Submission Date” shall be
replaced with the phrase "Filing Date” in Sections 10.03.084(f)(2) and 10.03.085(h)(2).
Page 192
Item 16.
Ordinance No. 2023-__, Page 1
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SUBPART (1) OF SECTION (D), “PLAT REQUIRED,”
OF SECTION 10.03.004, “APPLICABILITY,” TO COMPLY WITH REVISED
LANGUAGE CONTAINED IN HOUSE BILL NO. 3699 RELATIVE TO
SECTION 212.004(A) OF THE TEXAS LOCAL GOVERNMENT CODE;
AMENDING SUBSECTION (B) OF SECTION 10.03.034, “DIRECTOR OF
DEVELOPMENT SERVICES,” TO AUTHORIZE THE DIRECTOR OF
DEVELOPMENT SERVICES TO APPROVE OR DENY PLATS IN CERTAIN
CIRCUMSTANCES; AMENDING SECTION 10.03.063, “30-DAY TIME
FRAME FOR PLAT APPROVALS,” TO REFLECT THAT THE RIGHT TO 30-
DAY ACTION FOR PLAT APPLICATIONS BEGINS ON THE FILING DATE
AND ONE OR MORE 30-DAY EXTENSIONS SHALL BE AUTHORIZED;
ADDING A DEFINITION OF “FILING DATE,” AMENDING THE DEFINITIONS
OF “APPROVAL” AND “PLAT,” AND REPEALING THE DEFINITIONS OF
“ADMINISTRATIVELY COMPLETE” AND “OFFICIAL SUBMISSION
DATE,” CONTAINED IN SECTION 10.03.192, “WORDS AND TERMS
DEFINED”; PROVIDING THAT THE PHRASE “OFFICIAL SUBMISSION
DATE” SHALL BE REPLACED WITH THE PHRASE "FILING DATE” IN
SECTION 10.03.084(F)(2) AND SECTION 10.03.085(H)(2), ALL OF THE
FOREGOING SECTIONS CONTAINED IN ARTICLE 10.03, “SUBDIVISION
ORDINANCE,” OF CHAPTER 10, “SUBDIVISION REGULATION,” OF THE
CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS;
PROVIDING FOR SEVERABILITY, SAVINGS AND REPEALING CLAUSES;
PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas (“Town”), is a home-rule municipality under the
laws of the State of Texas and is duly incorporated; and
WHEREAS, the Town possesses the full power of self-government, as authorized by the
Texas Constitution and the Town’s duly adopted Charter; and
WHEREAS, the 88th Legislature recently passed House Bill No. 3699, which Bill was
signed by the Governor, providing for amendments to Chapter 212, “Municipal Regulation of
Subdivisions and Property Development,” of the Texas Local Government Code; and
WHEREAS, the following amendments to the Town’s Subdivision Ordinance are in full
compliance with the requirements of House Bill No. 3699, and the Town Council of the Town has
determined that the adoption of these new provisions is in the best interests of the citizens of the
Town and will promote the public health, safety and general welfare; and
WHEREAS, the Town Council, on behalf of Prosper and its citizens, has further
determined that the following amendments will promote the orderly, safe and efficient growth of
the Town and the Town’s extraterritorial jurisdiction.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
Page 193
Item 16.
Ordinance No. 2023-__, Page 2
SECTION 1
All of the above findings are hereby found to be true and correct and are hereby
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2
From and after the effective date of this Ordinance, Subpart (1) of Section (d), “Plat
required,” of Section 10.03.004, “Applicability,” of Article 10.03, “Subdivision Ordinance,” of
Chapter 10, “Subdivision Regulation,” of the Code of Ordinances of the Town of Prosper,
Texas, is hereby amended to read as follows:
“10.03.004 Applicability
* * *
D. Plat Required Subdivision Plats Required under LGC 212 Subchapter A.
1. In accordance with LGC Section 212.004, the owner of a tract of land located
within the Town’s corporate limits or in the Extraterritorial Jurisdiction (ETJ) who
divides the tract in two (2) or more parts to lay out a subdivision of the tract,
including an addition to a municipality, to lay out suburban, building, or other lots,
or to lay out streets, alleys, squares, parks, or other parts of the tract intended by
the owner of the tract to be dedicated to public use must have a Plat of the
subdivision prepared.”
SECTION 3
From and after the effective date of this Ordinance, Section 10.03.034, “Director of
Development Services,” of Article 10.03, “Subdivision Ordinance,” of Chapter 10, “Subdivision
Regulation,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by
adding a subsection (b) thereto to read as follows:
“Sec. 10.03.034 Director of Development Services.
* * *
(b) In the event there is not sufficient time for the Planning and Zoning Commission
to approve or deny any plat based upon the filing date of such plat, the Director of
Development Services may approve or deny such plat, pursuant to Section 212.0065 of the
Texas Local Government Code, as amended. The disapproval of any plat by the Director of
Development Services may be appealed to the Planning and Zoning Commission.”
SECTION 4
From and after the effective date of this Ordinance, Section 10.03.063, “30-Day Time
Frame for Plat Approvals,” of Article 10.03, “Subdivision Ordinance,” of Chapter 10,
“Subdivision Regulation,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby
amended by adding a subsection (b) thereto to read as follows:
“Sec. 10.03.063 30-Day Time Frame for Plat Approvals.
Page 194
Item 16.
Ordinance No. 2023-__, Page 3
(a) Right to 30-day action for plat applications begins on the filing date. The statutory
30-day time frame for plat approvals, established by the Texas Local Government Code, ch.
212, shall commence on the filing date.
(b) Extension of right to 30-day action. Pursuant to Texas Local Government Code,
§ 212.009(b-2), as amended, upon application in writing by the applicant, the Commission or
Town Council may approve one or more extensions of right to 30-day action, each such
extension not to exceed 30 additional days.”
SECTION 5
From and after the effective date of this Ordinance, a definition of “Filing Date” shall
be added to Section 10.03.192, “Words and Terms Defined,” of A rticle 10.03, “Subdivision
Ordinance,” of Chapter 10, “Subdivision Regulation,” of the Code of Ordinances of the Town
of Prosper, Texas, as follows:
“Filing Date. The filing date of a preliminary plat, replat or final plat shall be considered
the date an applicant submits said plat, along with a completed application and applicable
fees, and other requirements prescribed by or under Texas Local Government Code
§ 212.004, as amended.”
The definitions of “Approval” and “Plat,” both of which are contained in the same
section, are hereby amended to read as follows:
“Approval.
a. Approval constitutes a determination by the official, board, commission or Town
Council responsible for such determination that the application is in compliance
with the minimum provisions of this subdivision ordinance.
b. Such approval does not constitute approval of the engineering or surveying
contained in the plans, as the design engineer or surveyor that sealed the plans
is responsible for the adequacy of such plans.
c. For purposes of plat approval, approval shall also include approval with
conditions, pursuant to Section 212.009 of the Texas Local Government Code,
as amended.
* * *
Plat. A map or chart of the subdivision, lot or tract of land showing all essential
dimensions and other information required to comply with this subdivision ordinance as it
exists or may be amended.”
The definitions of “Administratively Complete” and “Official Submission Date,”
contained in the same Section are hereby repealed.
Page 195
Item 16.
Ordinance No. 2023-__, Page 4
SECTION 6
From and after the effective date of this Ordinance, the phrase “Official Submission
Date” shall be replaced with the phrase “Filing Date” in Section 10.03.084(f)(2) and Section
10.03.085(h)(2), of Article 10.03, “Subdivision Ordinance,” of Chapter 10, “Subdivision
Regulation,” of the Code of Ordinances of the Town of Prosper, Texas .
SECTION 7
The Director of Development Services for the Town is hereby authorized to make all
appropriate changes to the Town’s Development Manual and other reference resources, in
accordance with this Ordinance.
SECTION 8
Should any section, subsection, sentence, clause or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. The Town
Council 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 9
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced
for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 10
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue
shall constitute a separate offense.
SECTION 11
This Ordinance shall become effective from and after its passage and publication.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 12TH DAY OF SEPTEMBER, 2023.
___________________________________
David F. Bristol, Mayor
Page 196
Item 16.
Ordinance No. 2023-__, Page 5
ATTEST:
____________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrence S. Welch, Town Attorney
Page 197
Item 16.
Page 1 of 2
To: Mayor and Town Council
From: Terrence S. Welch, Town Attorney
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Zoning Ordinance Amendment
Town Council Meeting – September 26, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Conduct a public hearing to consider and act upon an ordinance Amending Chapter 1, “General
Provisions, Administration and Procedures,” of the Town’s Zoning Ordinance, by Amending
Subpart (E) of Subsection 7.11, “Amortization of Nonconforming Uses or Structures,” of Section
7, “Nonconforming Uses and Structures,” by Providing for Amortization Procedures consistent with
Senate Bill 929, and Subpart (A), “Zoning Changes,” of Subsection 8.2, “Public Hearing and
Notice,” of Section 8, “Changes and Amendments to all Zoning Ordinances and Districts and
Administrative Procedures,” by Providing for Notices relative to a Change in a Zoning Regulation
that Could Result in a Nonconforming Use, Consistent with Senate Bill 929.
Description of Agenda Item:
The Legislature recently passed, and the Governor signed, Senate Bill No. 929 (“SB 929”), which
(1) provided for significant changes to the method by which municipal governments amortize
nonconforming uses of property as well as (2) a change in notice language when a zoning change
is under consideration and which, if approved, would result in the creation of a nonconforming
use on the property in question.
First, for literally decades, when a municipality wished to terminate a nonconforming use of
property, one method by which to accomplish such result was to amortize the nonconforming use.
In such instance, the Zoning Board of Adjustment would determine the amount of time it would
take for a property owner to recoup his or her investment in the property. If the nonconforming
use was longstanding, it was often the case that the value of the use had been fully recouped, and
the nonconforming use then was allowed a certain amount of time before ceasing operations on
the property. SB 929 dramatically changed the method by which to compensate the owners of
such nonconforming property—rather than considering the recoupment of investment in the use,
now municipalities must determine that the nonconforming use has an adverse impact, and the
owner must receive fair market value of the use as well as a “wind down” time prior to ceasing the
nonconforming use of the property. SB 929 describes the amortization process in detail and the
proposed amendment to the Town’s Zoning Ordinance simply incorporates those provisions from
SB 929 (now found in Section 211.019 of the Texas Local Government Code).
PLANNING
Page 198
Item 17.
Page 2 of 2
Second, a minor change to notice requirements is contained in SB 929. When a municipality is
considering a zoning change on property that could result in the current use of the property
becoming a nonconforming use if the zoning change is approved, the municipality must provide
notice to the property owner of every public hearing on the zoning change, which notice must
include the time and place of each hearing and notice in bold, 14-point font that “THE TOWN OF
PROSPER IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE
THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE
READ THIS NOTICE CAREFULLY.” The proposed ordinance adds this notice provision now
required by SB 929.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town Staff recommends the Town Council approve an ordinance Amending Chapter 1, “General
Provisions, Administration and Procedures,” of the Town’s Zoning Ordinance, by Amending
Subpart (E) of Subsection 7.11, “Amortization of Nonconforming Uses or Structures,” of Section
7, “Nonconforming Uses and Structures,” by Providing for Amortization Procedures consistent with
Senate Bill 929, and Subpart (A), “Zoning Changes,” of Subsection 8.2, “Public Hearing and
Notice,” of Section 8, “Changes and Amendments to all Zoning Ordinances and Districts and
Administrative Procedures,” by Providing for Notices relative to a Change in a Zoning Regulation
that Could Result in a Nonconforming Use, Consistent with Senate Bill 929.
Proposed Motion:
I move to approve an ordinance amending Chapter 1, “General Provisions, Administration and
Procedures,” of the Town’s Zoning Ordinance, by Amending Subpart (E) of Subsection 7.11,
“Amortization of Nonconforming Uses or Structures,” of Section 7, “Nonconforming Uses and
Structures,” by Providing for Amortization Procedures consistent with Senate Bill 929, and Subpart
(A), “Zoning Changes,” of Subsection 8.2, “Public Hearing and Notice,” of Section 8, “Changes
and Amendments to all Zoning Ordinances and Districts and Administrative Procedures,” by
Providing for Notices relative to a Change in a Zoning Regulation that Could Result in a
Nonconforming Use, Consistent with Senate Bill 929.
Page 199
Item 17.
Ordinance No. 2023-__, Page 1
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING SUBPART (E) OF SUBSECTION 7.11,
“AMORTIZATION OF NONCONFORMING USES OR STRUCTURES,”
OF SECTION 7, “NONCONFORMING USES AND STRUCTURES,” OF
CHAPTER 1, “GENERAL PROVISIONS, ADMINISTRATION AND
PROCEDURES,” OF THE TOWN’S ZONING ORDINANCE, BY
PROVIDING FOR AMORTIZATION PROCEDURES CONSISTENT WITH
SENATE BILL 929; AMENDING SUBPART (A), “ZONING CHANGES,”
OF SUBSECTION 8.2, “PUBLIC HEARING AND NOTICE,” OF SECTION
8, “CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES
AND DISTRICTS AND ADMINISTRATIVE PROCEDURES,” OF
CHAPTER 1, “GENERAL PROVISIONS, ADMINISTRATION AND
PROCEDURES,” OF THE TOWN’S ZONING ORDINANCE, BY
PROVIDING FOR NOTICES RELATIVE TO A CHANGE IN A ZONING
REGULATION THAT COULD RESULT IN A NONCONFORMING USE,
CONSISTENT WITH SENATE BILL 929; PROVIDING FOR A PENALTY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the 88th Legislature recently passed Senate Bill 929 relative to
nonconforming uses of property and notice to property owners, and it is the desire of the
Town Council to fully comply with such legislation; and
WHEREAS, after public notice and public hearing as required by law, the Planning
and Zoning Commission of the Town of Prosper, Texas, has recommended amending the
Town’s Zoning Ordinance to encompass those amendments as set forth herein; and
WHEREAS, after public notice and public hearing as required by law, and upon
due deliberation and consideration of the recommendation of said Planning and Zoning
Commission and of all testimony and information submitted during said public hearing, the
Town Council of the Town of Prosper, Texas, has determined that it is in the public’s best
interest and in furtherance of the health, safety, morals, and general welfare of the citizens
of the Town to amend the Town’s Zoning Ordinance as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and
factual findings of the Town of Prosper, and they are hereby approved and incorporated
into the body of this Ordinance as if restated herein in their entirety.
SECTION 2
From and after the effective date of this Ordinance, Subpart (E) of Subsection 7.11,
“Amortization of Nonconforming Uses or Structures,” of Section 7, “Nonconforming Uses
and Structures,” of Chapter 1, “General Provisions, Administration and Procedures,” of the
Town’s Zoning Ordinance is hereby amended to read as follows:
Page 200
Item 17.
Ordinance No. 2023-__, Page 2
“E. The Board of Adjustment shall, in accordance with Section 211.019 of the Texas
Local Government Code, as amended, utilize the procedures and owner or lessee
compensation criteria contained in said Section in the event the Town determines
that a nonconforming use of property shall cease.”
SECTION 3
From and after the effective date of this Ordinance, Subpart A, “Zoning Changes,”
of Subsection 8.2, “Public Hearing and Notice,” of Section 8, “Changes and Amendments
to all Zoning Ordinances and Districts and Administrative Procedures,” of Chapter 1,
“General Provisions, Administration and Procedures,” of the Town’s Zoning Ordinance is
hereby amended to read as follows:
“8.2 PUBLIC HEARING AND NOTICE
A. Zoning Changes.
1. Prior to making its report to the Town Council, the Planning and
Zoning Commission shall hold at least one public hearing on each
application. Prior to the tenth day before the hearing date before
the Planning and Zoning Commission, written notice of each
public hearing before the Planning and Zoning Commission on a
proposed change in a zoning classification shall be sent to each
owner, as indicated by the most recently approved municipal tax
roll, of property within 200 feet of the property in which the change
in classification is proposed. The notice may be served by its
deposit in the municipality, properly addressed with postage paid,
in the United States mail. Notice of Town Council hearing shall be
given by publication in the official newspaper of the town, stating
the time and place of such hearing, a minimum of 15 days prior to
the date of the public hearing.
2. In addition to the foregoing notice, the Town shall provide written
notice of each public hearing regarding any proposed adoption of
or change to a zoning regulation or boundary under which a current
conforming use of a property is a nonconforming use if the
regulation or boundary is adopted or changed. The notice shall:
(a) be mailed by United States mail to each owner of real or
business personal property where the proposed
nonconforming use is located as indicated by the most
recently approved municipal tax roll and each occupant of
the property not later than the 10th day before the hearing
date;
(b) contain the time and place of the hearing; and
(c) include the following text in bold 14-point type or larger:
“THE TOWN OF PROSPER IS HOLDING A HEARING
THAT WILL DETERMINE WHETHER YOU MAY LOSE
Page 201
Item 17.
Ordinance No. 2023-__, Page 3
THE RIGHT TO CONTINUE USING YOUR PROPERTY
FOR ITS CURRENT USE. PLEASE READ THIS NOTICE
CAREFULLY.”
* * *”
SECTION 4
Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. The Town hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or
invalid.
SECTION 5
All provisions of any ordinance in conflict with this Ordinance are hereby repealed
to the extent they are in conflict, and any remaining portions of said ordinances shall
remain in full force and effect.
SECTION 6
Any person, firm or corporation violating any of the provisions or terms of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be
punished by fine not to exceed the sum of two thousand dollars ($2,000.00) for each
offense.
SECTION 7
This Ordinance shall become effective from and after its adoption and publication
as required by law; however, the provisions of this Ordinance shall not be applicable to
any residential development or tract of land for which one or more final plats has been
approved by the Town as of the effective date of this Ordinance.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF
THE TOWN OF PROSPER, TEXAS, ON THIS 12TH DAY OF SEPTEMBER, 2023.
___________________________________
David F. Bristol, Mayor
ATTEST:
____________________________________
Michelle Lewis Sirianni, Town Secretary
Page 202
Item 17.
Ordinance No. 2023-__, Page 4
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrence S. Welch, Town Attorney
Page 203
Item 17.
Page 1 of 1
To: Mayor and Town Council
From: David Hoover, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Notice of Appeals
Town Council Meeting – September 26, 2023
Strategic Visioning Priority: 3. Commercial Corridors are ready for Development
Agenda Item:
Consider and act upon whether to direct staff to submit a written notice of appeals 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 Plans including Prosper Business Park.
Description of Agenda Item:
Attached are the Site Plans that were acted on by the Planning & Zoning Commission at their
meeting on September 5, 2023. Per the Zoning Ordinance, the Town Council can direct staff to
submit a written notice of appeal on behalf of the Town Council to the Development Services
Department for any Site Plans and Preliminary Site Plans acted on by the Planning & Zoning
Commission.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. D22-0002 – Prosper Business Park (Approved 6-0)
Town Staff Recommendation:
Town Staff recommends the Town Council take no action on this item.
Proposed Motion:
N/A
PLANNING
Page 204
Item 18.
T
75,000 SF
BUILDING
149 PARKS
1.71 AC
EX. ZONING: PD-26
EX. USE:
OFFICE/WAREHOUSE
2.49 AC
EX. ZONING: PD-26
EX. USE:
OFFICE/WAREHOUSE 1.65 AC
EX. ZONING: PD-26
EX. USE:
OFFICE/WAREHOUSE
1.51 AC
EX. ZONING: PD-26
EX. USE:
OFFICE/WAREHOUSE
1.50 AC
EX. ZONING: PD-26
EX. USE:
OFFICE/WAREHOUSE
1.54 AC
EX. ZONING: PD-26
EX. USE:
OFFICE/WAREHOUSE
3.74 AC
EX. ZONING: PD-26
EX. USE:
OFFICE/WAREHOUSE
BURLINGTION NORTHERN SANTA FE RAILROAD COMPANY(100' R.O.W.)PROSPER TOWN OF
ABS A0147 COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 7,
TRACT 205, 16.38 ACRES
LAND USE: AGRICULTURAL
ZONING: SF-15PRESTONWOOD ADDITIONLOT 2, BLOCK ADOCUMENT NO. 20081031010003880P.R.C.C.T.LAND USE: AGRICULTURALZONING: O PD-33183 LAND CORPORATION, INC.
DOCUMENT NO. 97-005168
TRACT 4 D.R.C.C.T.
LOT 1
D20-0032
LOT 8
8.93 AC
BLOCK A
LOT 8
D20-0032
LOT 4
D21-0050
LOT 1
LOT 2
LOT 3 LOT 4 LOT 5 LOT 6
LOT 7
LOT 3
D21-0030
LOT 5 GATEWAREHOUSE
8,667 SF
GATE
OFFICE
11,876 SF
GATE
BUILDING SETBACKGATER30'R24'R24'
30'
LOT 11
22,466 AF
44 PARKS
LOT 10
28,092 SF
46 PARKS
LOT 9
20,039 SF
31 PARKS
SANITARY SEWER EASEMENT
VOLUME 2017, PAGE 715
P.R.C.C.T.
30' F.A.U.D.E.
VOLUME 2017, PAGE 715
P.R.C.C.T.
25'X15' WATER EASEMENT
VOLUME 2017, PAGE 715
P.R.C.C.T.
15'X15' DRAINAGE EASEMENT
VOLUME 2017, PAGE 715
P.R.C.C.T.15' LANDSCAPE EASEMENT
VOLUME 2020, PAGE 234
P.R.C.C.T.
15' LANDSCAPE EASEMENT
VOLUME 2020, PAGE 234
P.R.C.C.T.
15' LANDSCAPE EASEMENT
VOLUME 2020, PAGE 234
P.R.C.C.T.
VARIABLE WIDTH ELECTRIC EASEMENT
VOLUME 2017, PAGE 715
P.R.C.C.T.
LONE STAR GAS COMPANY EASEMENT
VOLUME 507, PAGE 379 - D.R.C.C.T.
DRAINAGE EASEMENT
VOLUME 2021, PAGE 1
P.R.C.C.T.
WATER EASEMENT
VOLUME 2021, PAGE 1
P.R.C.C.T.
5' UTIILITY EASEMENT
VOLUME 2021, PAGE 1, P.R.C.C.T.
WATER EASEMENT
VOLUME 2021, PAGE 1
P.R.C.C.T.
24' ACCESS, UTILITY &
DRAINAGE EASEMENT
VOLUME 2021, PAGE 1
P.R.C.C.T.
WATER EASEMENT
VOLUME 2021, PAGE 1
P.R.C.C.T.
15' LANDSCAPE EASEMENT
VOLUME 2021, PAGE 1
P.R.C.C.T.
ACCESS EASEMENT
VOLUME 2021, PAGE 1
P.R.C.C.T.
50' DRAINAGE EASEMENT
DOC.NO. 20060126000108630
D.R.C.C.T.5' UTIILITY EASEMENT
VOLUME 2021, PAGE 1
P.R.C.C.T.
ACCESS EASEMENT
VOLUME 2021, PAGE 1
P.R.C.C.T.
7.5' SANITARY
SEWER EASEMENT
VOLUME 2017, PAGE 715
P.R.C.C.T.
WATER EASEMENT
VOLUME 2021, PAGE 1
P.R.C.C.T.
DRAINAGE EASEMENT
VOLUME 2017, PAGE 715
P.R.C.C.T.
10' WATER EASEMENT
VOLUME 2017, PAGE 715
P.R.C.C.T.
10' WATER EASEMENT
VOLUME 2017, PAGE 715
P.R.C.C.T.
10' DRAINAGE EASEMENT
VOLUME 2017, PAGE 715
P.R.C.C.T.
10' WATER EASEMENT
VOLUME 2017, PAGE 715
P.R.C.C.T.
9' SANITARY SEWER EASEMENT
VOLUME 2017, PAGE 715 - P.R.C.C.T.24' F.A.U.D.E.
VOLUME 2017, PAGE 715
P.R.C.C.T.
15'X15' DRAINAGE EASEMENT
VOLUME 2017, PAGE 715
P.R.C.C.T.
15'X15' DRAINAGE EASEMENT
VOLUME 2017, PAGE 715
P.R.C.C.T.
15'X15' SANITARY SEWER EASEMENT
VOLUME 2017, PAGE 715
P.R.C.C.T.
15'X15' DRAINAGE EASEMENT
VOLUME 2017, PAGE 715
P.R.C.C.T.
24' F.A.U.D.E.
VOLUME 2021, PAGE 1 P.R.C.C.T.
DRAINAGE & UTILITY EASEMENT
VOLUME 2021, PAGE 1
P.R.C.C.T.
TRANSFORMER EASEMENT
VOLUME 2021, PAGE 1
P.R.C.C.T.
SANITARY SEWER EASEMENT
VOLUME 2017, PAGE 715 P.R.C.C.T.COOKS LANETECHNOLOGY LNTECHNOLOGY LNEX. 75' GAS
EASEMENT
9'100'245.89'
18'30'
211.03'30'277.51'347'30'149.5'347'30'340.39'29.5'
62.87'
24'
18'9'26'
18'9'26'18'9'
36'20'24'36'5' U.E.15' LANDSCAPEEASEMENT941.7' - LIVING SCREEN5.5' LANDSCAPE
SETBACK
15' LANDSCAPESETBACK9'95.66'414.5'180.5'400'160'30'80'26'5' LANDSCAPE
SETBACK
11.5'
24'24'
30'24'24'5' LANDSCAPESETBACK203.16'30'470.11'LSCP SBK
30'36'30'30'26'26'
63.34'
30'24'30'15' LANDSCAPE
EASEMENT
15' LANDSCAPE
EASEMENT 15' LANDSCAPEEASEMENT35.96'35.98'36'24'24'24'24'24'24'
36'
32.81'32.69'121.23'496.22'416.44'
24'112.37'250'
186.64'107.37'200'112.33'24'24'5' LS ESMT2.43'N89°57'38"E 545.49'S45°02'46"E35.36'S0°02'22"E311.43'S89°57'16"W 532.68'N86°16'48"W 45.61'N0°02'19"W111.95'N0°02'19"W118.44'N3°44'08"E116.86'PROP. FENCED STORAGE YARD
(4.17 AC / 46.7% OF LOT)
6' SIDEWALK
6' SIDEWALK
6' SIDEWALK
EX. FH
EX. FH
EX. FHEX. FH
FH
FH
FH
FH
FH
FH
FH
FHFH
FH
FDC
FDC
FH
8' SCREEN WALL
MATERIAL TO
MATCH BLDG.
FH
LOADING
DOCK (TYP)
8' SCREEN
WALL
8' SCREEN
WALL
8' SCREEN
WALL
8' SCREEN
WALL
FH FH
FH
FH
FH
FH
FH
FH
FH
8' MASONRY
SCREEN WALL
MATERIAL BINS
RAINWATER
HARVESTING TANK
SOLAR ARRAY
MONUMENT SIGN
15' LANDSCAPE
EASEMENT
FH
FH
FH
FH
FH
5' LS SETBACK
15' LANDSCAPE EASEMENT
DUMPSTER
FH
FDC
FH
FH
15' SANITARY SEWER EASEMENT
VOLUME 3903, PAGE 231
D.R.C.C.T.
VARIABLE WIDTH ELECTRICAL EASEMENT
VOLUME 2017, PAGES 715-718
P.R.C.C.T.
SANITARY SEWER EASEMENT
VOLUME 2017, PAGES 715-718
P.R.C.C.T.
10' SANITARY SEWER EASEMENT
VOLUME 2017, PAGES 715-718
P.R.C.C.T.
15' SANITARY SEWER EASEMENT
VOLUME 3903, PAGE 231
D.R.C.C.T.
6' SIDEWALK
FH
FH
FH
8' SCREEN WALL
MATERIAL TO
MATCH BLDG.
FH
FH
FHFH
FH
FDC FDC
FDC
EX SSMHEX SSMH EX SS ESMT
WATER ESMTWATER ESMT
FH
FH
FH
FH
FH
FH
PROP SW
PROP SWPROP SW
FH
FH
50'13'R30'
15'
WATER ESMT WATER ESMTR30'
R30'
R30'R30'R30'
R30
'R30'R30'R20.5'R20.5'R20'R20.5'R30'
R3
0
.
5
'R30'
R30'R30'
R30'
R30'
R20'
R2
0
'R30'R24.5'
R30'R30'R30.5'
R30.5'R20'R30'R30'R30'R30'R30'R30'R30'R3
0
'R30'R30'R30'R3
0
'R30'
R
3
0
'
R
3
0
'R30'R30'
R3
0
'R30'R30'
R30'
R
3
0
'R30'R15'
15'
1
3
'
15'13'
UTIL ESMT
5'LSSBCKWTR ESMT
SS ESMT
BLDG. SBCK.50'20' BLDG. SBCK.
R.O.W. DEDICATION
WTR ESMT
R30'
R30'
R30'
R3
0
'
SSMH TO BE
ABANDONED
15' LANDSCAPE EASEMENT
2' OVERHANG
2' OVERHANG
SAFETY WAY
60' ROW24'WTR ESMT
SSWR ESMT
5' LS SETBACK
50'
2' OVERHANG
2' OVERHANG
WTR ESMT
5' LS SBCK
EX. SS ESMT
EX.
SS
ESMT
EX. SS ESMT
R
3
0
'
R50'R80'R5
0
'
2' OVERHANG
2' OVERHANG
2' OVERHANG
2' OVERHANG
10'10'
10'20'5' LANDSCAPE SBCK5' LANDSCAPE SBCK.5' LANDSCAPE SBCK.
5' LANDSCAPE SBCK.
5' LANDSCAPE SBCK.
SAFETY WAY
PRELIMINARY SITE PLAN0
GRAPHIC SCALE
1 inch = ft.
100 100 200
100
50
COUNTY SURVEY:ABSTRACT NO.
COLLIN COUNTY SCHOOL 147
CITY:STATE:
TOWN OF PROSPER TEXAS
LEGAL DESCRIPTION:
OWNER:
APPLICANT:
CLAYMOORE ENGINEERING, INC.
1903 CENTRAL DRIVE, SUITE #406
BEDFORD, TX 76021
PH: 817.281.0572
CROSSLAND TEXAS INDUSTRIAL
861 N. COLEMAN ST
PROSPER, TX 75078
PH: 972.347.5659
CASE #: D22-0002
PROSPER BUSINESS PARK
CONTACT NAME: ROCKY HUSSMAN
CONTACT NAME: MATT MOORE
NO PORTION OF THIS TRACT LIES WITHIN A 100-YEAR FLOOD PLAIN, OR IN A
FLOOD HAZARD AREA ACCORDING TO THE NATIONAL FLOOD INSURANCE
PROGRAM, FLOOD INSURANCE RATE MAP NUMBER 48085C0235J, WITH
EFFECTIVE DATE OF JUNE 2, 2009
FLOODPLAIN NOTE
VICINITY MAP
N.T.S.
LEGEND
PROPERTY LINE
EASEMENT/SETBACK (AS NOTED)
FIRE LANE
COLLIN
LOT 8-11, BLOCK A, LOT 8, BLOCK B, PROSPER BUSINESS PARK
AN ADDITION TO THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS
AND BEING A PORTION OF THE COLLIN COUNTY SCHOOL SURVEY,
ABSTRACT NUMBER 147, COLLIN COUNTY TEXAS
U.S. HIGHWAY 380 S COLEMAN STW FIRST STDALLAS PKWYPROSPER TRAIL
COOK LNS PRESTON RDSITE
PREVIOUSLY APPROVED
TOWN OF PROSPER PRELIMINARY SITE PLAN GENERAL NOTES:
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 MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT.
7.OCCUPANT NOTIFICATION PER THIS SECTION AND 907.5 SHALL BE REQUIRED FOR ALL NEW
CONSTRUCTION, OR EXISTING CONSTRUCTION COMPLYING WITH THE INTERNATIONAL BUILDING CODE,
FOR RENOVATIONS TO EXISTING BUILDINGS, TENANT SPACES, CHANGES IN OCCUPANCY, REPLACEMENT
OR MODIFICATION OF THE EXISTING FIRE ALARM SYSTEM, OR AS REQUIRED BY THE FIRE CODE OFFICIAL,
FOR ALL BUILDINGS OR SPACES PROVIDED WITH AN APPROVED AUTOMATIC SPRINKLER SYSTEM.
8.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE
FIRE DEPARTMENT.
9.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES.
10.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE.
11.FIRE LANES SHALL BE PROVIDED WITHIN 150 FEET OF ALL EXTERIOR WALLS OF ANY BUILDING FOR HOSE
LAY REQUIREMENTS. AMENDMENT 503.1.1
12.THE FIRE LANE SHALL BE A MINIMUM OF 24 FEET WIDE. AMENDMENT 503.2.1
13.BUILDINGS MORE THAN 30 FEET IN HEIGHT ARE REQUIRED TO HAVE A MINIMUM OF A 26-FOOT WIDE FIRE
LANE IN THE IMMEDIATE VICINITY FOR FIREFIGHTING OPERATIONS OF THE BUILDING. ONE OF THE 26-FOOT
WIDE FIRE LANES SHALL BE LOCATED A MINIMUM OF 15 FEET FROM THE BUILDING AND NO MORE THAN 30
FEET. APPENDIX D105
14.THE INSIDE TURNING RADIUS OF THE 24-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. AMENDMENT
503.2.4
15.THE INSIDE TURNING RADIUS OF THE 26-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. AMENDMENT
503.2.4
16.DEAD-END FIRE LANES ARE ONLY PERMITTED WITH APPROVED HAMMERHEADS.
17.FIRE HYDRANTS SHALL BE PROVIDED AT THE ENTRANCES AND INTERSECTIONS. AMENDMENT 507.5.1
18.AS PROPERTIES DEVELOP, FIRE HYDRANTS SHALL BE LOCATED AT ALL INTERSECTING STREETS AND THE
MAXIMUM SPACING SHALL BE EVERY 300 FEET (300') FOR ALL DEVELOPMENTS, AND FACILITIES OTHER
THAN R3. R-3 DEVELOPMENTS SHALL BE EVERY 500 FEET (500'). DISTANCES BETWEEN HYDRANTS SHALL
BE MEASURED ALONG THE ROUTE THAT FIRE HOSE IS LAID BY A FIRE APPARATUS FROM
HYDRANT–TO-HYDRANT, NOT AS THE "CROW FLIES." AMENDMENT 507.5.1
19.FIRE DEPARTMENT CONNECTION (FDC) FOR THE FIRE SPRINKLER SYSTEM SHALL BE LOCATED WITHIN 50
FEET OF A FIRE HYDRANT AND 50 FEET OF A FIRE LANE. 5” STORZ, 30-DEGREE DOWNWARD TURN WITH
LOCKING CAP. AMENDMENT 507.5.1
20.FIRE HYDRANTS SHALL BE LOCATED 2 FOOT (2') TO 6 FOOT (6') BACK FROM THE CURB OR FIRE LANE AND
SHALL NOT BE LOCATED IN THE BULB OF A CUL-DE-SAC. AMENDMENT 507.5.1
21.THERE SHALL BE A MINIMUM OF TWO (2) FIRE HYDRANTS SERVING EACH PROPERTY WITHIN THE
PRESCRIBED DISTANCES LISTED ABOVE. A MINIMUM OF ONE FIRE HYDRANT SHALL BE LOCATED ON EACH
LOT. AMENDMENT 507.5.1
22.A MINIMUM 10-FOOT UNOBSTRUCTED WIDTH SHALL BE PROVIDED AROUND A BUILDING FOR ADEQUATE
FIRE DEPARTMENT ACCESS. A CONTINUOUS ROW OF PARKING AND LANDSCAPING SHALL BE CONSIDERED
A BARRIER. AMENDMENT 503.1.1
23.THE MAXIMUM DEAD- END CUL-DE-SAC LENGTH SHALL NOT EXCEED SIX HUNDRED FEET (600') AS
MEASURED FROM THE CENTERLINE OF THE INTERSECTION STREET TO THE CENTER POINT OF THE
RADIUS. AMENDMENT 503.1.5
24.ONE-AND TWO-FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS. AUTOMATIC FIRE PROTECTION SYSTEMS
PER NFPA 13D OR NFPA 13R SHALL BE PROVIDED IN ALL ONE-AND TWO-FAMILY DWELLINGS WITH A
CONDITIONED FLOOR AREA OF 5,500 SQUARE FEET (511 M2) OR GREATER, DWELLINGS THREE (3) STORIES
OR GREATER, OR DWELLINGS WITH ROOF HEIGHTS EXCEEDING THIRTY-FIVE FEET (35') FROM GRADE.
IRC-2015 AMENDMENT R313.2
25.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.
26.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.
27.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE PRELIMINARY SITE PLAN AND ARE SUBJECT
TO BUILDING OFFICIAL APPROVAL.
28.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL
CONFORM TO THE APPROVED FAÇADE PLAN.
29.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.
30.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND.
31.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE
ZONING ORDINANCE.
32.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT.
33.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.
34.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 & ZONING
COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE
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.DATENo.REVISIONBYDATE:
SHEET
8/29/2023
CHECKED:MAM
DRAWN:CWP
DESIGN:CWP1903 CENTRAL DR. SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS FIRM #14199
File No:D21-0030PROSPER BUSINESS PARKPHASE VPROSPER, TEXASFIRE HYDRANT
FDC
PRELIMINARY
CLAYMOORE ENGINEERING
EASEMENT/SETBACK (AS NOTED)
SAFETY WAY
15' LANDSCAPE EASEMENT
PSP
5.5'
Page 205
Item 18.
Page 1 of 2
To: Mayor and Town Council
From: David Hoover, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: 313 North Coleman Road Rezoning
Town Council Meeting – September 26, 2023
Strategic Visioning Priority: 2. Development of Downtown as Destination
Agenda Item:
Conduct a public hearing and consider and act upon a request to rezone 0.2± acres from Single
Family-15 (SF-15) to Downtown Retail (DTR), for Mitchell Addition, Block 3, Lot 3D, located on
the southwest corner of West Seventh Street and North Coleman Road. (ZONE-23-0016)
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning Current Land Use Future Land Use Plan
Subject
Property Single Family-15 Residential Downtown Office
North Single Family-15 Residential Downtown Office
East Planned Development-
112 (PD-112) Office/Service Downtown Office
South Single Family-15 Residential Downtown Office
West Single Family-15 Residential Downtown Office
Requested Zoning – The purpose of this request is to rezone the property from Single Family-15
(SF-15) to Downtown Retail (DTR). The existing home will be demolished and replaced with a
commercial building with office and retail uses. The Downtown Retail District allows for both office
and retail uses while the Downtown Office District only allows for office uses. Prior to development,
the developer will be required to submit a Site Plan for review and approval by the Planning &
Zoning Commission.
PLANNING
Page 206
Item 19.
Page 2 of 2
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality. Notification was provided as required by the Zoning Ordinance and state law. Staff
has not received any response to the proposed zoning request to date.
Attached Documents:
1. Aerial and Zoning Maps
2. Zoning Exhibit
3. Letter of Intent
Town Staff Recommendation:
Town Staff recommends approval of the request to rezone 0.2± acres from Single Family-15 (SF-
15) to Downtown Retail (DTR), for Mitchell Addition, Block 3, Lot 3D, located on the southwest
corner of West Seventh Street and North Coleman Road. This zoning change would not be seen
as out of character with the neighborhood due to properties further south on Coleman Road being
zoned Downtown Retail. Additionally, the Downtown Master Plan that was approved in 2022 states
“niche retail is recommended along Preston Road and at the northern end of Coleman”.
Proposed Motion:
I move to approve/deny the request to rezone 0.2± acres from Single Family-15 (SF-15) to
Downtown Retail (DTR), for Mitchell Addition, Block 3, Lot 3D, located on the southwest corner of
West Seventh Street and North Coleman Road.
Page 207
Item 19.
Page 208
Item 19.
Page 209
Item 19.
ZONE-23-0016Page 210Item 19.
Subject:Letter of Intent for Zoning Change from SF15 to Downtown Retail (DTR)-313
N Coleman St,Prosper,TX 75078
Dear Sir/Madam,
I am writing on behalf of Lamda Partners LLC,a company committed to "Building
Prosperous Spaces,"and we hereby express our intent to apply for a zoning change to
Downtown Retail (DTR)for the property located at 313 N Coleman St,Prosper,TX
75078.
The primary purpose of this zoning application is to develop office spaces on the
aforementioned property.The proposed gross building area is estimated to be between
2500 to 3500 square feet.Through this development,we aim to contribute to the
ongoing Prosper Downtown Revitalization Program,which has already shown great
promise in enhancing the heart of this growing city.
Our interest in Prosper began with our participation in The Discover Downtown Series,
an enlightening experience that allowed us to truly understand the potential and charm
of this vibrant community.As a result of this,we made the decision to invest in a
property within the downtown area,and we are excited about the opportunities it
presents.
By building office spaces in Prosper's downtown,we believe there will be several
benefits that will positively impact both the local economy and the community at large.
As outlined in our earlier communications,some of the advantages include:
Economic Growth:The development of office spaces will attract businesses,
which will,in turn,lead to increased economic activity and stimulate further
growth in the area.
Job Creation:The establishment of office spaces will generate job opportunities
for the local workforce,contributing to a decrease in unemployment rates and
promoting work-life balance for residents.
Community Engagement:A thriving downtown with office spaces can serve as a
gathering place for community events,cultural activities,and social gatherings,
fostering a strong sense of pride and connectedness among residents.
Increased Foot Traffic:The presence of office spaces will bring more people into
the downtown area regularly,leading to increased foot traffic for nearby retail and
service establishments,thus supporting local businesses.
Tax Revenue and Sustainability:The rise in commercial activity will result in
higher tax revenues,which can be reinvested in public services,infrastructure
Page 211
Item 19.
improvements,and other community initiatives.Additionally,by revitalizing the
downtown area,we can contribute to a more sustainable city planning approach.
We assure you that our proposed development will align with the goals and guidelines
of the Prosper Downtown Revitalization Program and that we are fully committed to
creating a project that will contribute positively to the community and its vision for the
future.
We kindly request your guidance and support throughout the zoning change process.If
you require any additional information or documentation,please do not hesitate to
contact us at the provided contact details.
Thank you for considering our letter of intent.We look forward to working closely with
the Prosper Town Planning and Zoning Department to bring this project to fruition and
contribute to the continued prosperity of the town.
Sincerely,
Lamda Partners LLC
Harisha Dodda
Manohar Kunamneni
Page 212
Item 19.
Page 1 of 2
To: Mayor and Town Council
From: Chris Landrum, Finance Director
Through: Mario Canizares, Town Manager
Bob Scott, Deputy Town Manager
Re: Establishing Loan Terms for Cart Purchase
Town Council Meeting – September 26, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon a resolution establishing loan terms between the Utility Fund and the Solid
Waste Fund for financing the purchase of solid waste and recycling carts.
Description of Agenda Item:
At the June 27, 2023, meeting Council approved the award of all Solid Waste and Recycling
services to Republic Services. As part of that award, the Town Council authorized the purchase
of 95-gallon trash and recycling containers through Republic Services. As the second largest Solid
Waste hauler in the nation, their nationwide purchasing power allowed them to offer a price of $50
per container and $5 for assembly and distribution. This is lower than other proposers and what
the Town could likely obtain through competitive bidding.
Given that the Solid Waste Fund was only established in FY 2023, and that the current residential
rate does not include any extra amount for Town administrative expenses, there is not sufficient
fund balance to pay for this initial cart purchase. With the start of the new solid waste contract, $2
for cart repayment and $0.80 for administrative expenses have been built into the residential solid
waste rates.
The Town plans to buy approximately 34,000 carts which will replace the current contractor’s cart
inventory and provide for one and a half to two years’ population growth. To provide for adequate
working capital until the new solid waste rates begin, the loan would be $2 million. Key terms
would be a) maximum ten-year term, b) no early repayment penalty, c) monthly payment beginning
the end of April 2024, and d) 5.25% annual interest rate.
Budget Impact:
The Utility Fund will have more than adequate working capital after the loan. Loan repayment has
been budgeted in the Solid Waste fund.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
FINANCE
Page 213
Item 20.
Page 2 of 2
Attached Documents:
1. Resolution
2. Cart Renderings
3. Accepted Materials List
4. Trash Day Checklist
Staff Recommendation:
Town staff recommends the Town Council approval of a resolution establishing loan terms
between the Utility Fund and the Solid Waste Fund to finance purchase of solid waste and
recycling carts.
Proposed Motion:
I move to approve a resolution establishing loan terms between the Utility Fund and the Solid
Waste Fund to finance purchase of solid waste and recycling carts.
Page 214
Item 20.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023-XX
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, APPROVING A LOAN AND SETTING THE TERMS OF REPAYMENT
BETWEEN THE UTILITY FUND AND THE SOLID WASTE FUND TO FINANCE
PURCHASE OF 95-GALLON TRASH AND RECYCLING CARTS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council on June 27, 2023, awarded an exclusive franchise to
Republic Services for all residential and commercial trash and recycling in the Town; and
WHEREAS, the Town has determined that it is the Town’s best interests to own the
residential and recycling containers used to service its residents; and
WHEREAS, the Solid Waste Fund does not have adequate funds on hand to pay for the
initial purchase of the containers.
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, authorizes the Utility Fund to loan the
Solid Waste Fund $2,000,000 for the purpose of acquiring and deploying residential 95-gallon
trash and recycling containers throughout the Town. Any loan amount in excess of the amount
paid for the carts may be utilized for general working capital purposes.
SECTION 2
The loan will be made no earlier than the placement of the order for the carts with interest
of 5.25% percent accruing upon receipt of the funds.
SECTION 3
Repayment of principal and interest will be made monthly beginning April 30, 2024, for a
maximum term of ten (10) years. Prepayment is allowed without penalty.
SECTION 4
This Resolution shall take effect from and after the date of its passage.
DULY PASSED AND APPROVED, BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 26TH DAY OF SEPTEMBER, 2023.
APPROVED:
___________________________________
David F. Bristol, Mayor
Page 215
Item 20.
Resolution No. 2023-XX, Page 2
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 216
Item 20.
Page 217
Item 20.
Page 218
Item 20.
PROOF APPROVAL - Part # 431
9.50”
9.00”
Signature / Date
Central Decal Company
6901 High Grove Blvd
Burr Ridge, IL 60527
www.centraldecal.com
233235
Schaefer Systems
SSI1197.x9
job#
customer
filename
attn
Erin Kaplan
Tom Casey
Rob Swaim
BS
08/24/23
account mgr
quality control
proofed by
operator
revision
created
rev date
Primer CMYK
PRINTED COLORS
Orange 715
Clear
CONSTRUCTION
10 mil Clear Anti-static PP Blend
LABEL SIZE
9.50” x 9.00”
SPECIAL INSTRUCTIONS
Note: Colors on this paper proof are not
accurate. For color approval please see
your color swatch or digitally printed proof
PROOF APPROVAL - Part # 431
Please mark up any changes. Your approval indicates your complete acceptance of the decal produced
PLEASE sign & email or fax 630-325-9860 - NOTE: Delivery date is contingent upon our receipt
Approved Approved with changes/corrections Resubmit
PART DESCRIPTION
White
Dk Blue 2955
431 AUG23
Page 219
Item 20.
Signature / Date
Central Decal Company
6901 High Grove Blvd
Burr Ridge, IL 60527
www.centraldecal.com
233587
SCHAEFER
SSI1201.x5
job#
customer
filename
attn
Butch Kaplan
Tom Casey
Rob Swaim
KG
9/14/23
9/20/23
account mgr
quality control
proofed by
operator
revision
created
rev date
RED 485 COOL
GRAY 10
BLUE 2955
PRINTED COLORS
PRIMER WHITE CLEAR
CONSTRUCTION
10MIL CL ANTISTAT PP
LABEL SIZE
9.50” x 4.50”
SPECIAL INSTRUCTIONS
None
PROOF APPROVAL - Part #: 435
Please mark up any changes. Your approval indicates your complete acceptance of the decal produced
PLEASE sign & email or fax 630-325-9860 - NOTE: Delivery date is contingent upon our receipt
Approved Approved with changes/corrections Resubmit
PART DESCRIPTION
TOWN OF PROSPER TRASH
9.5"
4.5"
435 SEPT23
GREEN
7490
BLUE 646
Page 220
Item 20.
Page 1 of 2
To: Mayor and Town Council
From: Dan Baker, Director of Parks and Recreation
Through: Mario Canizares, Town Manager
Robyn Battle, Executive Director
Re: Council Update on Lakewood Preserve Park Project
Town Council Meeting – September 26, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Receive an update on the Lakewood Preserve Park project.
Description of Agenda Item:
Ratliff Hardscape is the selected contractor determined through the competitive sealed proposal
process, and after negotiations has agreed to a project cost of $4,866,000. The park playground
was procured last year ($131,477) due to rising equipment costs and is not reflected in this bid
amount. This agreement includes all the base bid items of the project plus bid alternates including
a restroom and playground installation costs.
Hines (developer) will be managing the project, covering the park design costs, and platting
expenses in lieu of payment of park fees. The Town has entered into a Facilities Agreement with
Hines that defines their responsibilities for overseeing development of the park.
Park amenities will include four pickleball courts, a basketball court, baseball backstops, three
lighted soccer fields, the Town’s first cricket field and pitch, a restroom facility, expanded
playground, additional trails, landscaping and parking.
The Town, developer, and contractor are in agreement regarding the future of this project and are
all committed to producing a quality project that will meet the project budget and schedule. The
project will begin within 30 days of execution of the construction agreement. The Project
construction estimated time frame is 14 months.
Budget Impact:
The project has been bid as a competitive sealed proposal and awarded to Ratliff Hardscape in
the amount of $4,886,000 for construction with an additional expense of $131,477 for prior
procurement of additional playground equipment to be installed as part of this project. Total project
cost is $5,017,477. The Prosper Area Soccer Association (PASO) has agreed to contribute
$500,000 toward the cost of the restroom facility. Funding for this project is available through a
PARKS & RECREATION
Page 221
Item 21.
Page 2 of 2
combination of 2020 Bond dollars, tree mitigation fees, park improvement/development fees, and
General Fund dollars.
Town Staff Recommendation:
No Council action is necessary on this item. Town staff requests feedback and comments on the
proposed project.
Page 222
Item 21.
Page 1 of 2
To: Mayor and Town Council
From: Dan Baker, Director of Parks and Recreation
Through: Mario Canizares, Town Manager
Robyn Battle, Executive Director
Re: Amendment to a Professional Services Agreement
Town Council Meeting – September 26
Strategic Visioning Priority: 1. Acceleration of Infrastructure
Agenda Item:
Consider and act upon Contract Amendment #1 to a Professional Services Agreement with
Dunaway Associates, LLC, for additional design services related to the development of Raymond
Community Park.
Description of Agenda Item:
The Town entered into a Professional Services Agreement with Dunaway Associates, LLC, for the
design of First & Coit Community Park (Raymond Community Park) in March of 2022. The scope
of design services has been increased since execution of the original Professional Services
Agreement. The additional scope has been added at the Town’s request.
The additional design services are as follows:
1. Final Plat (Taxable) including boundary services and Final Plat Processing
(Surveying) - $37,200
Final plat comment processing (Survey) – Dunaway will make revisions to the survey
drawing to address survey matters (if any) brought to Dunaway’s attention by Town, or
their representative. The fee is not to exceed five rounds of comments.
2. Pickleball & Tennis Area - $165,600
Overall grading, utilities, post-tensioned courts, shade structures, CXT restroom building,
lighting service and lighting.
3. North Playground Area - $58,450
Overall grading, utilities, concrete pavement areas, play structures, shade structures, and
CXT restroom building.
Budget Impact:
The original contract amount was $1,091,600. The total cost of additional services is $261,250.
The total revised contract amount will be $1,352,850. The original budget was $1,200,000.
Additional funding for this amendment is available in account 750-5410-10-00-2122-PK.
PARKS AND RECREATION
Page 223
Item 22.
Page 2 of 2
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached document as to form
and legality.
Attached Documents:
1. Contract Amendment #1
Town Staff Recommendation:
Town Staff recommends approval of Contract Amendment #1 to a Professional Services
Agreement with Dunaway Associates, LLC, for additional design services related to the
development of Raymond Community Park.
Proposed Motion:
I move to approve Contract Amendment #1 to a Professional Services Agreement with Dunaway
Associates, LLC, for additional design services related to the development of Raymond
Community Park.
Page 224
Item 22.
CONTRACT AMENDMENT #1 Version 05/22 PAGE 1 OF 4
CONTRACT AMENDMENT #1
BETWEEN THE TOWN OF PROSPER, TEXAS, AND DUNAWAY ASSOCIATES, LLC
FOR THE RAYMOND COMMUNITY PARK PHASE 1 PROJECT 2122-PK
This Contract Amendment for Professional Services, hereinafter called “Amendment,” is entered into by the
Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said Town,
hereinafter called “Town,” and Dunaway Associates, LLC, a company authorized to do business in Texas, acting
through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional
engineering services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.”
W I T N E S S E T H:
WHEREAS, the Town previously engaged the services of the Consultant in connection with Raymond
Community Park Phase I Project 2122-PK to be located at 201 Coit Road, hereinafter called “Project”; and
WHEREAS, the Parties previously entered into an professional services agreement regarding the Project on
or about March 21, 2022, in the amount of one million, ninety-one thousand, six hundred dollars ($1,091,600),
hereinafter called the “Original Agreement”; and
WHEREAS, the Parties now desire to amend the Original Agreement to increase the scope of services and
compensation provided to include final plat, pickleball & tennis area, and North playground area.
For the mutual promises and benefits herein described, Town and Consultant agree to amend the Original
Agreement as follows:
1. Additional Services to be Performed by Consultant. The Parties agree that Consultant shall
perform such additional services as are set forth and described in Exhibit A1 – Scope of Services and incorporated
herein as if written word for word. All references in the Original Agreement to “Exhibit A” are hereby amended to
state “Exhibits A and A1.”
2. Additional Compensation of Consultant. Town agrees to pay to Consultant for the satisfactory
completion of all services included in this Amendment a total additional fee of two hundred sixty-one thousand, two
hundred and fifty dollars ($261,250) for the additional services as set forth and described in Exhibit B1 –
Compensation Schedule and incorporated herein as if written word for word. All references in the Original
Agreement to “Exhibit B” are hereby amended to state “Exhibits B and B1.”
3. Revised Compensation for Consultant's Services. Paragraph 4 of the Original Agreement is
hereby amended to increase Consultant's total compensation by deleting one million, ninety-one thousand, six
hundred dollars ($1,091,600) and replacing it with one million, three hundred fifty-two thousand, eight hundred and
fifty dollars ($1,352,850).
4. Original Agreement. All other provisions and terms of the Original Agreement shall remain in full
force and effect and this Amendment to the Original Agreement shall in no way release, affect, or impair any other
provision or responsibility contained in the Original Agreement.
IN WITNESS WHEREOF, the Parties, having read and understood this Amendment, have executed such in
duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of
_______________________, 20____.
Page 225
Item 22.
CONTRACT AMENDMENT #1 Version 05/22 PAGE 2 OF 4
DUNAWAY ASSOCIATES, LLC
By:
Signature
Printed Name
Title
Date
TOWN OF PROSPER, TEXAS
By:
Signature
Mario Canizares
Printed Name
Town Manager
Title
Date
Philip Neeley
Senior Engagement Manager
September 6, 2023
Page 226
Item 22.
CONTRACT AMENDMENT #1 Version 05/22 PAGE 3 OF 4
EXHIBIT A1
SCOPE OF SERVICES
CONTRACT AMENDMENT #1
BETWEEN THE TOWN OF PROSPER, TEXAS, AND DUNAWAY ASSOCIATES, LLC
FOR THE FIRST & COIT COMMUNITY PARK (RAYMOND COMMUNITY PARK) PHASE 1 PROJECT 2122-PK
I. PROJECT DESCRIPTION
Final Plat including boundary services and Final Plat processing. Design and plans development for pickleball and
tennis court facilities. Design and plans development for a north playground area.
II. TASK SUMMARY
Task 1 – Final Plat (Taxable) including boundary services and Final Plat Processing (Surveying): Final plat comment
processing (Survey) – Dunaway will make revisions to the survey drawing to address survey matters (if any) brought
to Dunaway attention by Town, or their representative. The fee is not to exceed five rounds of comments.
Task 2 – Pickleball & Tennis Area: Overall grading, utilities, post-tensioned courts, shade structures, CXT restroom
building, lighting service and lighting.
Task 3 – North Playground Area: Overall grading, utilities, concrete pavement areas, play structures, shade
structures, and CXT restroom building.
III. DELIVERABLES
Task 1 – Final Plat
Task 2 – Pickleball & Tennis Area:
Final construction documents and specifications.
Task 3 – North Playground Area:
Final construction documents and specifications
Page 227
Item 22.
CONTRACT AMENDMENT #1 Version 05/22 PAGE 4 OF 4
EXHIBIT B1
COMPENSATION SCHEDULE
CONTRACT AMENDMENT #1
BETWEEN THE TOWN OF PROSPER, TEXAS, AND DUNAWAY ASSOCIATES, LLC
FOR THE FIRST & COIT COMMUNITY PARK (RAYMOND COMMUNITY PARK) PHASE 1 PROJECT 2122-PK
I. COMPENSATION SCHEDULE
Task Completion
Schedule
Compensation
Schedule
Notice-to-Proceed
Task 1 – Final Plat $37,200
Task 2 – Pickleball & Tennis Area
Task 3 – North Playground Area
November 2023
November 2023
November 2023
$165,600
$58,450
Total Compensation $261,250
II. COMPENSATION SUMMARY
Basic Services (Lump Sum) Amount
Task 2 – Pickleball & Tennis Area $165,600
Task 3 – North Playground Area $58,450
Total Basic Services: $224,050
Special Services (Hourly Not-to-Exceed) Amount
Task 1 – Final Plat $37,200
Total Special Services: $37,200
Direct Expenses Amount
None $0,000
Total Direct Expenses: $0,000
Page 228
Item 22.
Page 1 of 1
To: Mayor and Town Council
From: Dan Baker, Director of Parks and Recreation
Through: Mario Canizares, Town Manager
Robyn Battle, Executive Director
Re: NLC Dream Court
Town Council Meeting – September 26, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon an agreement with Nancy Lieberman Charities (NLC) for the installation of
a Dream Court at Tanner's Mill Park and authorize the Town Manager to execute the same.
Description of Agenda Item:
The Town was approached by Nancy Lieberman Charities (NLC) to install a Dream Court at
Tanner’s Mill Park. The Dream Court is comprised of two hoop systems and a court overlay on
an existing full-size basketball court. The Town will contribute 50% ($75,000) toward the total cost
of construction, which is approximately $150,000. NLC intends to dedicate the court in honor of
Makayla Noble. A grand opening and dedication ceremony will be planned after construction is
complete. Construction of the Dream Court is anticipated to take approximately 90 days.
Budget Impact:
Funding for this project is available in Parks & Recreation account 100-5410-60-01.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Agreement with Nancy Lieberman Charities
Town Staff Recommendation:
Town Staff recommends Council approve an agreement with Nancy Lieberman Charities (NLC)
for the installation of a Dream Court at Tanner's Mill Park and authorize the Town Manager to
execute the same.
Proposed Motion:
I move to approve an agreement with Nancy Lieberman Charities (NLC) for the installation of a
Dream Court at Tanner's Mill Park and authorize the Town Manager to execute the same.
PARKS & RECREATION
Page 229
Item 23.
AGREEMENT
THIS AGREEMENT, entered into this _______ day of ____________, 2023, between Town of
Prosper (Town) and Nancy Lieberman Charities (NLC).
WITNESSETH
WHEREAS, NLC desires to promote the sport of basketball, community, and police and
community relations; and,
WHEREAS, NLC desires the right and privilege to place a Dream Court at Tanner’s Mill Park
location which is owned by the Town; and,
WHEREAS, NLC is willing to provide the equipment necessary for a Dream Court basketball
court, and is willing to install such equipment and paint the basketball court; and,
WHEREAS, the Town desires to make the sport of basketball available to the public and is honored
to be a recipient of a Dream Court, and finds that it is in the public interest for NLC to do so.
NOW, THEREFORE, in consideration of the terms and conditions hereinafter set forth, to be kept
and performed by the respective parties, IT IS AGREED AS FOLLOWS:
1. LICENSE GRANTED
In consideration of the mutual covenants and terms of this License, and of other good and valuable
consideration, the Town hereby grants, upon the terms and conditions set forth in this License, a
license to NLC for the sole purpose of installing new basketball court equipment and basketball
court, at Tanner’s Mill Park as depicted in Exhibit A, attached to this agreement and in accordance
with the terms and provisions set forth herein. The Park is located at 1641 Prince William Ln.
Prosper, TX 75078.
2. LICENSE TERM
The term of this license shall be for 90 days beginning on the date of the execution of this
License by the Town and ending on the ninetieth day, unless renewed or terminated sooner as
provided in this License (the “Primary Term”).
Page 230
Item 23.
3. OWNERSHIP OF IMPROVEMENTS
Any and all improvements constructed, placed, and located on any part of the basketball court
during the term of this License shall be considered part of the real property of the Town and must
remain at the Town. Further, subject to the terms of this License, said real property becomes
property of the Town, from and after the termination of this License.
4. MAINTENANCE
The Town shall be responsible for any maintenance after the Dream Court has been installed and
painted.
5. ADVERTISING
NLC shall have the right to procure and display advertising upon the surface of the Dream Court
in accordance with the rendering provided. NLC shall not, in procuring, installing, or displaying
advertisement, violate any person’s right to privacy or infringe upon trademarks, trade names,
copyrights, or proprietary rights of any person. It is understood and agreed that any approval by
the Town of advertising material shall not constitute a waiver of NLC obligations concerning such
violation or infringement.
6. ACCESS
During the term of this License, and any renewals thereof, the Town grants NLC access to the
Tanner’s Mill Park basketball court for the purpose of installing and painting the Dream Court
during normal business hours, except when the area of the park containing the equipment is
reserved to a group for exclusive use, when the Town is performing a maintenance function
requiring closure of the area, or during an unforeseen emergency.
Page 231
Item 23.
7. LOCATION OF EQUIPMENT
NLC agrees that the location of any improvements must be approved by the Town.
8. COMPLIANCE WITH APPLICABLE LAWS
NLC shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and
regulations relating, in any way, manner or form, to the activities under this License, and any
amendments thereto during the course of installing and painting the Dream Court.
9. INSURANCE
NLC shall provide proof of insurance through vendor, SportCourt, at its sole cost and expense
through the life of this License in form and substance satisfactory to the Town, carried with an
insurance company authorized to transact business in the state of Texas, covering all aspects and
risks of loss of all operations in connection with this License, including without limitation, the
indemnity obligations set forth herein. NLC shall obtain and maintain in full force and effect during
the term of this License public liability insurance with insurance carriers admitted to do business
in the state of Texas. The policy will be written on an occurrence basis, subject to the following
minimum limits of liability:
Public Liability:
Per Occurrence Single Limit: $1,000,000
The Town shall be listed as a primary and noncontributory additional insured with respect to the
Public Liability and shall be granted a waiver of subrogation under the policy. NLC shall provide
a Certificate of Insurance to the Town as evidence of coverage.
The Certificate shall provide 30 days’ notice of cancellation for each Dream Court. If at any time
during the life of the License or any extension hereof, NLC fails to maintain the required insurance
in full force and effect, NLC shall be in breach hereof and all work under the License shall be
discontinued immediately.
Page 232
Item 23.
11. DEFAULT
In the event NLC shall fail to perform any of the obligations called for herein on its
part to be performed, and upon receiving written notice of such deficiency by the Town, and upon
NLC failure to cure such deficiency within fifteen (15) days after receipt of such notice, then the
Town may, by written notice to NLC, terminate this License.
12. NO WAIVER
No failure to exercise, and no delay in the exercise on the part of the Town, of any right hereunder
shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other
or further exercise thereof or the exercise of any other right. The rights of the Town hereunder
shall be in addition to all other rights provided by law.
13. NOTICE
Any notice required or permitted to be given herein must be given in writing and must be
personally delivered, delivered by telephone facsimile, or mailed by prepaid certified or registered
mail to the party to whom such notice or communication is directed at the address of such party as
follows:
Town of Prosper
Attn: Dan Baker
Address: 407 E First St. Prosper, TX 75078
Telephone: 972-569-1060
Nancy Lieberman Charities:
Attn: Nancy Lieberman
Nancy Lieberman Charities
P.O. Box 261233
Plano, TX 75026
Page 233
Item 23.
Telephone: 972-473-2121
Any such notice or other communication shall deem to have been given on the date it is personally
delivered or delivered by telephonic facsimile, or, if mailed, on the third day, after it is mailed.
Any party may change its address for purposes of this License by giving notice of such change to
all other parties pursuant to this section.
14. RENEWAL
This License may be renewed for one additional 90-day term, by written agreement between the
Town and NLC in order to complete any work not completed in the Primary Term.
15. ASSIGNABILITY
This license is personal to NLC. NLC shall not assign or sublet this license, without the consent
of Town. Any attempt to assign or sublet this license, without the consent of Town, shall terminate
the license granted herein.
16. CONTROL OF
The Town shall retain all powers placed in it, w hich are non-delegable. No provision of this
License shall be construed as delegating any non-delegable right, power or duty of the Town, and
in the event of a conflict between this section and any other term or provision of this License, this
section shall control and such conflicting term or provision shall be void and of no force and effect.
17. RELATIONSHIP OF THE PARTIES
The relationship between the Town and NLC is at all times solely that of licensor and licensee,
and may not be deemed, in any event, a partnership or a joint venture. As consideration, the Town
agrees to make a monetary contribution of $75,000 to NLC for the completion of the project at
Tanner Mill’s Park, payable upon the execution of this Agreement by both parties .
Page 234
Item 23.
18. CONSTRUCTION AND VENUE
THIS LICENSE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANC E WITH
THE LAWS OF THE STATE OF TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY
CONSENT TO THE TEXAS AND EXCLUSIVE JURISDICTION AND VENUE OF THE
COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, FOR THE
PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS
LICENSE OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY.
19. SEVERABILITY
If any provision of this License is ever held to be invalid or ineffective by any court of competent
jurisdiction with respect to any person or circumstance, the remainder of this License, and the
application of such provision to persons and/or circumstances other than those with respect to
which it is held invalid or ineffective, shall not be affected thereby.
20. LICENSES SUPERSEDED
This License constitutes the parties’ sole License and supersedes any prior understandings or
written or oral Licenses between the parties with respect to the subject matter hereof.
21. AMENDMENT
No amendment, modification, or alteration of this License is binding, unless in writing, dated
subsequent to the date of this License, and duly executed by the parties.
22. ENTIRE AGREEMENT
Page 235
Item 23.
This Contract contains the entire agreement between the Town and NLC, and there are no other
written or oral promises, conditions, warranties, or representations relating to or affecting the
matters contemplated herein.
23. BINDING EFFECT
This License shall inure to the benefit of and be binding upon the parties hereto, their respective
successors, heirs, devisees, and assigns.
24. TIME OF ESSENCE
Time is of the essence in th is License and all obligations shall be performed in a timely manner.
25. LICENSE
The intent of this License is to grant a license to NLC to utilize the Town’s basketball court
solely for the purposes described herein. This License shall not be construed, in any way, manner
or form, as a lease of the Town’s basketball court or as conveying to NLC any interest in the real
property comprising the Town basketball court.
IN WITNESS WHERE OF, the parties hereto have executed this License the day and year first
above written.
EXECUTED and effective as of the date of the execution by :
Town of Prosper
BY: _________________________________ DATE:
Mario Canizares, Town Manager
Town of Prosper
Page 236
Item 23.
Nancy Lieberman Charities
BY: DATE:
Nancy Lieberman, President & Founder
Nancy Lieberman Charities
9-19-2023
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Item 23.
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