11.14.23 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 assumes
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. Proclamation recognizing November 18, 2023, as National Injury Prevention Day. (MLS)
2. Proclamation recognizing December 9, 2023, as Salvation Army Red Kettle Campaign
Day. (MLS)
3. Proclamation recognizing November 13-17, 2023, as National GIS Awareness Week.
(MLS)
4. Recognize individuals and the Fire Department for Life Saving efforts and awards. (SB)
Agenda
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, November 14, 2023
6:15 PM
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5. Recognition of Charles Ewings for his dedicated service in the Air National Guard. (DFB)
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.
6. Consider and act upon the minutes from the October 24, 2023, Town Council Work
Session meeting. (MLS)
7. Consider and act upon the minutes from the October 24, 2023, Town Council Regular
meeting. (MLS)
8. Receive the Quarterly Investment Report for September 30, 2023. (CL)
9. Consider and act upon a resolution approving the Town of Prosper and Prosper
Economic Development Corporation (PEDC) Investment Policy and Investment
Strategy and approving the list of qualified brokers/dealers and financial institutions that
are authorized to engage in investment transactions with the Town of Prosper and the
PEDC. (RBS)
10. Consider authorizing the Town Manager to execute a six-month renewal of the
Professional Services Agreement between Valley View Consulting, L.L.C., and the Town
of Prosper, Texas, related to Investment Advisory services. (RBS)
11. Consider approval of adding Chapter 21, Capital Projects Management Policy to the
Town’s Administrative Regulations. (RBS)
12. Consider and act upon a resolution casting its votes for the Collin County Central
Appraisal District Board of Directors (CCAD). (MLS)
13. Consider and act upon a resolution casting its votes for the Denton County Central
Appraisal District Board of Directors (DCAD). (MLS)
14. Consider and act upon approving the expenditure for annual software assurance of the
Town’s computer aided dispatch and record management systems for Public Safety,
from Integrated Computer Systems, Inc., a sole source provider. (LJ)
15. Consider and act upon approval of various annual maintenance, repair, and operational
purchases for the Information Technology Department during FY 2024. (LJ)
16. Consider and act upon approving the purchase of Brine Master BM 3000 and ICE Master
T-Series truck mounted applicator, from C&H Outdoor, LLC, through the Sourcewell
Purchasing Cooperative; and authorizing the Town Manager to execute documents for
the same. (FJ)
17. Consider and act upon approval of a portion of the FY24 vehicle and VERF equipment
purchases utilizing cooperative purchasing contracts and approving the Town Manager
to execute documents for same. (CL)
18. Consider and act upon approving a Services Agreement with Strategies 360 Texas,
LLC, for Strategic Advocacy Services, and authorize the Town Manager to execute the
same. (RB)
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19. Consider and act upon approving an amendment to the agreement with Bureau Veritas
for Annual Fire Safety Inspections; and authorize the Town Manager to execute the
same. (SB)
20. Consider and act upon authorizing the Town Manager to execute a Professional Service
Agreement between Front Line Mobile Health, PLLC, and the Town of Prosper Fire
Rescue related to annual medical evaluations. (SB)
21. Consider and act upon approving an agreement with Medical Center of Plano for Medical
Control and Continuing Education Services; and authorize the Town Manager to execute
the same. (SB)
22. Consider and act upon authorizing the Town Manager to execute a Service Agreement
between Cut with Craft and the Town of Prosper related to landscape maintenance for
fire stations. (SB)
23. Consider and act upon authorizing the Town Manager to execute an Escrow Agreement
between Prosper Independent School District (PISD), and the Town of Prosper, Texas,
related to the design and construction of improvements on Teel Parkway and at the
intersection of First Street and Artesia Boulevard adjacent to the Richland High School
property. (HW)
24. Consider and act upon authorizing the Town Manager to execute a Water Impact Fee
Agreement between DNT Frontier, LP, and the Town of Prosper, Texas, related to the
construction of a water line to serve the DNT Frontier Retail Center development. (HW)
25. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between Stantec Consulting Services, Inc., and the
Town of Prosper, Texas, related to the design of traffic signals on First Street at Artesia
Boulevard and on Teel Parkway at Prairie Drive. (HW)
26. Conduct a public hearing and consider and act upon a request for an extension of a
Specific Use Permit (SUP) for a Concrete Batching Plant on 5.0± acres, located south
of West First Street and west of South Dallas Parkway. The property is zoned Planned
Development-19 (PD-19) Lattimore Batch Plan North and Specific Use Permit-6 (S-6)
Nelson Bros Concrete Batch Plant. (S20-0002) (DH)
27. Consider and act upon whether to direct staff to submit a written not ice 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. (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.]
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Items for Individual Consideration:
28. Conduct a public hearing and consider and act upon a request for a Planned
Development for an Office/Retail Building on 0.4± acres, for Bryant’s First Addition,
Block 11, Lots 1, 11 and 12, located on the northeast corner of South Coleman Street
and East Third Street. The property is zoned Single Family-15. (ZONE-23-0027) (DH)
29. Conduct a public hearing and consider and act upon a request for a Planned
Development for an Office Building on 0.5± acres, for Bryant’s First Addition, Block 22,
Lots 7-9, located on the northwest corner of South Parvin Street and East Second Street.
The property is zoned Single Family-15. (ZONE-23-0028) (DH)
30. Conduct a public hearing to consider and act upon amending Chapter 2, Section 13 –
Multifamily District; Chapter 4, Section 4.3 – Non-residential and multifamily parking
provisions; and Chapter 4, Section 8 – Non-Residential & Multifamily Design and
Development of the Town of Prosper Zoning Ordinance to modify Multifamily
development standards. (ZONE-23-0024) DH)
31. Conduct a public hearing to consider and act upon amending Chapter 4, Section 5.2 –
Location of Required Screening, of the Town of Prosper Zoning Ordinance to modify the
screening requirements for trash and recycling collection areas. (ZONE-23-0025) (DH)
32. Conduct a public hearing to consider and act upon amending Chapter 3, Section 1.4,
Subpart 38 – Automobile Sales/Leasing, Used, of the Town of Prosper Zoning
Ordinance to provide additional criteria for this use. (ZONE-23-0026) (DH)
33. Consider and act upon a resolution of the Town Council of the Town of Prosper, Texas,
declaring the public necessity to acquire certain properties for right-of-way, and
temporary construction easements for the construction of the First Street (DNT -
Coleman) project; determining the public use and necessity for such acquisition;
authorizing the acquisition of property rights necessary for said Project; appointing an
appraiser and negotiator as necessary; authorizing the Town Manager to establish just
compensation for the property rights to be acquired; authorizing the Town Manager to
take all steps necessary to acquire the needed property rights in compliance with all
applicable laws and resolutions; and authorizing the Town Attorney to institute
condemnation proceedings to acquire the property if purchase negotiations are not
successful. (HW)
34. Discuss development strategies for Economic Development. (MM) [Continuation from
the Work Session if needed.]
35. Discuss and consider Town Council Subcommittee reports. (DFB)
Possibly direct Town staff to schedule topic(s) for discussion at a future meeti ng.
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.
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Section 551.074 – To discuss and consider personnel matters 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, November 10, 2023, and remained so posted at least 72 hours before said meeting was
convened.
________________________________ _________________________
Michelle Lewis Sirianni, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited
to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with
approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair
accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 -1011
at least 48 hours prior to the meeting time.
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Call to Order/ Roll Call.
The meeting was called to order at 5:00 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 Jeff Hodges
Councilmember Charles Cotten
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, Director of Engineering Services
David Hoover, Development Services Director
Leigh Johnson, Director of IT
Kellen Land, Help Desk Technician
Suzanne Porter, Planning Manager
Doug Kowalski, Police Chief
Scott Brewer, Assistant Police Chief
Items for Individual Consideration
1. Receive an update from Municipal Court Judge, David Moore. (DM)
Judge Moore presented an update that included an overview from the year
regarding types of cases filed, how warrants are handled, capacity of case load,
types of current issues, and overall revenues. Judge Moore indicated that he
currently he is holding court on Tuesday and Thursdays, and every other
Wednesday.
The Town Council expressed their appreciation and the continued support of being
firm but fair regarding cases being brought forward.
2. Discuss No Thru Truck Routes within the Town of Prosper. (DK/HW)
Chief Kowalski provided an update that included an overview of the Town’s current
ordinance and outlining existing and proposed streets to add and/or remove. Chief
Kowalski included current concerns and issues regarding safety, traffic, and future
infrastructure.
MINUTES
Prosper Town Council Work Session
Prosper Town Hall – Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, October 24, 2023
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Item 6.
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The Town Council discussed routes, current direction trucks were taking, and a
proposed update to the Town’s ordinance.
Adjourn.
The meeting was adjourned at 6:03 p.m.
These minutes were approved on the 14th day of November 2023.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 6.
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Call to Order/ Roll Call.
The meeting was called to order at 6:17 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 Jeff Hodges
Councilmember Charles Cotten
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
David Hoover, Development Services Director
Hulon Webb, Director of Engineering
Suzanne Porter, Planning Manager
Chris Landrum, Finance Director
Leigh Johnson, IT Director
Frank Jaromin, Director of Public Works
Dan Baker, Parks and Recreation Director
Todd Rice, Communications Manager
Kellen Land, Help Desk Technician
Doug Kowalski, Police Chief
Shaw Eft, Assistant Fire Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Mike Martin with Hope Fellowship 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 everyone who donated to the North Texas Peanut Butter Drive this year. The Town
was recorded with donating 213 pounds of peanut butter and approximately $2,238 dollars were
raised to roughly estimate that over 7% of the people in Prosper donated.
Early Voting for the November 7 Election is now taking place and runs through Friday, November
3. Voting dates and hours may be found on the Town’s website or by visiting the Collin County
and Denton County Elections websites for additional information regarding Early Voting and
Election Day voting locations.
MINUTES
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, October 24, 2023
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Item 7.
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Join the Prosper Community Library on Thursday, October 26 from 6 to 7 p.m. for a heartwarming
Trick or Treat event designed especially for children with special needs and their families to enjoy
a fun Halloween experience. Visit prospertx.gov/fallprograms for more details.
Join the Town for its annual Arbor Day Celebration on Saturday, November 4 at 9:00 a.m. at
Windsong Park located at 950 Cooper Canyon Drive for a fun morning of planting and learning
about trees.
Join the Town on Saturday, November 4 at 11:00 a.m. for a ribbon cutting of the Nancy Lieberman
Charities (NLC) Dream Court opening at Tanner’s Mill Park located at 1641 Prince William Lane
in Prosper.
The annual Prosper Veterans Day 5K & Fun Run will be held on Saturday, November 11. The
event is open to runners and walkers of all ages. Join us for a day of unity and support for our
veterans. Register today by visiting prospertx.gov/veteransday5k.
Lastly, to wish the Texas Rangers good luck in the World Series, the cupola of Town Hall will be
lit up red and blue. Go Rangers!
Presentations.
1. Presentation to members of the Visual Arts of Prosper declaring October 25,
2023, as International Artists Day. (RB)
Mayor Bristol read and presented a Proclamation to the members of the Visual Arts of
Prosper.
2. Presentation regarding the 2023 Collin County Bond Election program. (DFB)
Ben Hangartner with the Collin County Planning Board presented an overview of the
bond program, which included delineating the historic growth and future growth of the
metroplex, a summary of the five proposed propositions for the bond election, and the
impact of each.
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.
3. Consider and act upon the minutes from the October 10, 2023, Town Council
Work Session meeting. (MLS)
4. Consider and act upon the minutes from the October 10, 2023, Town Council
Regular meeting. (MLS)
5. Consider acceptance of the September 2023 monthly financial report. (CL)
6. Consider and act upon Resolution 2023-70 accepting and approving the 2023
Tax Roll. (CL)
7. Consider and act upon approving the purchase of a new Emergency Warning
Siren and upgrading the complete Siren System utilizing The Interlocal
Purchasing System (TIPS); and authorizing the Town Manager to execute the
same. (SB)
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Item 7.
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8. Consider and act upon approving the purchase of TASER 7 devices, licenses,
and cartridges from Axon Enterprises, Inc. utilizing BuyBoard Contract #698-23;
and authorizing the Town Manager to execute documents for the same. (DK)
9. Consider and act upon approving the purchase of miscellaneous water and
wastewater materials from Ferguson Enterprises, LLC, utilizing BuyBoard
contracts in the amount of $70,000; and authorizing the Town Manager to
execute documents for the same. (FJ)
10. Consider and act upon approving the purchase of miscellaneous water and
wastewater materials from Fortiline Waterworks, utilizing NCPA Contract
Number 02-76; and authorizing the Town Manager to execute documents for the
same. (FJ)
11. Consider and act upon renewing Bid No. 2019-53-A for one year to Wopac
Construction, Inc., as the primary vendor, and HQS Construction, LLC, as the
secondary vendor, at the unit prices bid, to establish an annual fixed-price
contract for Miscellaneous Concrete Replacement Services; and authorizing the
Town Manager to execute same. (FJ)
12. Consider and act upon authorizing the Town Manager to execute a Contract for
Services between the Town of Prosper and V&A Landscaping to provide median
maintenance on US Highway 380 from Custer Road to Legacy Drive. (DB)
13. Consider and act upon authorizing the Town Manager to execute a Managed
Services Agreement between Conducive Consulting and the Town of Prosper,
Texas, related to ongoing managed services of the Town's Security Information
& Event Management (SIEM) environment through Texas Department of
Information Resources (DIR) Contract DIR-TSO-4288. (LJ)
14. Consider and act upon Ordinance 2023-71 amending Chapter 13, “Utilities”, of
the Code of Ordinances of the Town of Prosper, Texas, by amending Section
13.11.001, “Plan Adopted”, of Article 13.11, “FOG Outreach Plan.” (FJ)
15. Consider and act upon Ordinance 2023-72 amending Chapter 13, “Utilities,” of
the Code of Ordinances of the Town of Prosper, Texas, by amending Article
13.10, “Backflow Prevention Plan.” (FJ)
16. Consider and act upon approving an annual fixed-price agreement for the
purchase of Hydrogen Sulfide Odor Control Technology for the Town’s
wastewater system, at the unit prices guaranteed, from Helix Laboratories, Inc.,
a sole source provider. (FJ)
17. Consider and act upon approving the rebuild of Pump 4 and Pump 5 utilizing
Legacy Contracting LP dba Control Specialist LP through the City of Plano
cooperative best value Contract No.: 2021-0125-AC. (FJ)
18. Consider and act upon approving a shortlist of qualified firms to provide various
engineering services to the Town of Prosper. (HW)
19. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between Lee Engineering, LLC, and the Town
of Prosper, Texas, related to the traffic signal warrant study on Gee Road at
Acacia Parkway and the design of pedestrian hybrid beacons. (HW)
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Item 7.
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20. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between Lee Engineering, LLC, and the Town
of Prosper, Texas, related to the design and modification of a Traffic Signal at
Dallas North Tollway and Frontier Parkway. (HW)
21. 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 Preston 48 Addition and Teel Plaza 1. (DH)
Mayor Bristol requested to pull item 19.
Mayor Pro-Tem Andres made a motion to approve items 3 through 18 and 20 through
21. Councilmember Hodges seconded that motion. Motion carried unanimously.
Laura Rauba, 4890 Milby Drive, expressed her appreciation to the Town Council and
staff for taking her and her neighbor’s comments seriously and providing
improvements to the intersection on Gee Road and Acacia Parkway.
Deputy Mayor Pro-Tem Ray made a motion to approve item 19. Councilmember
Bartley seconded that motion. Motion carried unanimously.
CITIZEN COMMENTS
Toni Wengler, 1240 Packsaddle Trail, stated as Founder and President of the Visual Arts of
Prosper, they would like to request the Town Council to consider a revolving art show in the lobby
of Town Hall, to form an Arts Board or Program with a Comprehensive Art Plan for the Town.
Items for Individual Consideration:
22. Conduct a public hearing and consider and act upon a request for a Specific
Use Permit (SUP) for a new Drive-Thru Restaurant, on 1.5± acres, located south
of West Frontier Parkway and east of North Dallas Parkway. (ZONE-23-0013)
(DH)
Mr. Hoover introduced this item indicating a SUP is required for drive-thru restaurants
in the Retail District Zoning. The applicant is requesting that the Specific Use Permit
allow them to provide a ten-foot landscape buffer on the western property line in lieu
of the required ten-foot-wide landscape island. Additionally, the proposed ten-foot
landscape buffer would be inclusive of the neighboring property to the west. The
proposed site would only provide five feet of the landscape buffer while the neighboring
property would provide the other five feet. The Planning and Zoning Commission
discussed and recommended approval with a 3-1 vote to approve landscaping as
proposed. Staff recommend approval of the request subject to the applicant providing
the required landscaping per the Town’s Zoning Ordinance.
Matt Moore, Clay Moore Engineering, representing the applicant noted that due to the
location of the proposed, all plans have been vetted and approved by their entities. He
described the landscaping area and noted the due to the drainage easement along
Frontier Road, that the property is set back 50 feet. Therefore, the proposed
landscaping being adequate and meeting Town requirements.
Mayor Bristol opened the public hearing.
No comments were made.
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Item 7.
Page 5 of 6
Mayor Bristol closed the public hearing.
The Town Council discussed the location and the bordering areas of the property, and
the additional lots included in the overall project and how the landscape as a part of
each lot should be looked at individually due to the different users and layouts.
Councilmember Hodges made a motion to approve a request for a Specific Use Permit
(SUP) for a new Drive-Thru Restaurant, on 1.5± acres, located south of West Frontier
Parkway and east of North Dallas Parkway as proposed. Councilmember Cotten
seconded that motion. Motion carried unanimously.
23. Conduct a public hearing and consider and act upon a request to rezone 0.3±
acres from Single Family-15 (SF-15) to Downtown Single-Family (DTSF), for
Hillside Addition, Block 2, Lot 4, located north of East Fifth Street and west of
North Church Street. (ZONE-23-0018) (DH)
Mr. Hoover stated the purpose of this request is to rezone the property from Single
Family-15 (SF-15) to Downtown Single-Family (DTSF). Currently, no home exists on
the property; however, the intent is to construct a new single-family home. The setback
regulations for the Downtown Single-Family District are more desirable to the applicant
than the Single Family-15 District. The existing lot does not conform to the lot area
requirement for the Single Family-15 District; however, it conforms to all the Downtown
Single-Family District lot dimension regulations. The Planning & Zoning Commission
recommended approval of this item (5-0) at their meeting on October 3, 2023. Staff
recommends approval.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
Mayor Pro-Tem Andres made a motion to approve a request to rezone 0.3± acres from
Single Family-15 (SF-15) to Downtown Single-Family (DTSF), for Hillside Addition,
Block 2, Lot 4, located north of East Fifth Street and west of North Church Street.
Deputy Mayor Pro-Tem seconded that motion. Motion carried unanimously.
24. Receive an update on the status of the Raymond Community Park project. (DB)
Mr. Baker provided a project update. He outlined the timeline for the bidding process
being done within two bid packages, design and construction budget of the project,
and the construction schedule with an estimated completion date of spring 2025.
25. Discuss and consider Town Council Subcommittee reports. (DFB)
Deputy Mayor Pro-Tem Ray provided a Finance Subcommittee report.
Councilmember Bartley commented that the Downtown Ad Hoc Committee will look to
meet in November.
Councilmember Bartley noted the CIP Subcommittee also meets in November.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Deputy Mayor Pro-Tem Ray requested a meeting of the Broadband Subcommittee.
Mayor Bristol requested staff to bring back a presentation regarding the Visual Arts proposal.
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Item 7.
Page 6 of 6
Councilmember Cotten asked when updates to the landscape and sign ordinances would be
coming forward. Mr. Hoover noted that half of the amendments most recently discussed would be
coming to the Town Council in November, and the other half in December. He added the overlays
would come back to them the first part of next year.
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.
The Town Council recessed into Executive Session at 7:26 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 9:01 p.m.
No action was taken.
Adjourn.
The meeting was adjourned at 9:01 p.m.
These minutes were approved on the 14th day of November 2023.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 7.
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: Quarterly Investment Report for September 30, 2023
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Receive the Quarterly Investment Report for September 30, 2023. (CL)
Description of Agenda Item:
As required by the Public Funds Investment Act, staff is required to report activities of its cash and
investment holdings on a quarterly basis. Information as required by the act includes investment
results for the quarter, economic summary and investment strategy, investment holdings and book
vs. market comparisons.
Budget Impact:
There is no budgetary impact affiliated with this item.
Attached Documents:
1. Quarterly Investment Report – September 30, 2023
FINANCE
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Item 8.
INVESTMENT PORTFOLIO SUMMARY
For the Quarter Ended
September 30, 2023
Prepared by
Valley View Consulting, L.L.C.
Bob Scott, Deputy Town Manager
Chris Landrum, Finance Director
The investment portfolio of the Town of Prosper is in compliance with the Public Funds Investment Act
and the Town of Prosper Investment Policy and Strategies.
Disclaimer:These reports were compiled using information provided by the Town of Prosper.No procedures were
performed to test the accuracy or completeness of this information.The market values included in these reports
were obtained by Valley View Consulting,L.L.C.from sources believed to be accurate and represent proprietary
valuation.Due to market fluctuations these levels are not necessarily reflective of current liquidation values.Yield
calculations are not determined using standard performance formulas,are not representative of total return yields
and do not account for investment advisor fees.
Robert B. Scott
Chris Landrum
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Item 8.
FYE Results by Investment Category:
City Funds
Asset Type Book Value Market Value Ave. Yield Book Value Market Value Ave. Yield
MMA/NOW 41,450,612$ 41,450,612$ 1.91%29,395,973$ 29,395,973$ 4.48%
MMF/Pools 49,720,257 49,720,257 2.31%97,997,016 97,997,016 5.23%
Securities 23,145,288 22,208,630 1.48%41,533,532 40,938,205 3.04%
Certificates of Deposit 39,602,746 39,602,746 0.28%25,409,754 25,409,754 5.67%
City Funds 153,918,903$ 152,982,245$ 194,336,276$ 193,740,948$
Fourth Quarter-End Yield 1.56%4.71%
Average Quarter-End Yields (1): 2022 2023
Prosper 0.74%3.84%
Rolling Three Month Treasury 1.06%4.95%
Rolling Six Month Treasury 1.01%4.77%
TexPool 0.90%4.74%
Fiscal year-to-date Interest Income 764,980$ (Approximate)6,086,745$ (Approximate)
(1) Average Quarterly Yield calculated using quarter-end report average yield and adjusted book value.
Annual Comparison of Portfolio Performance
September 30, 2023September 30, 2022
Town of Prosper Valley View Consulting, L.L.C.1 Page 16
Item 8.
Summary
Quarter End Results by Investment Category:
Asset Type Ave. Yield Book Value Market Value Ave. Yield Book Value Market Value
MMA/NOW 4.93%22,177,649$ 22,177,649$ 4.48%29,395,973$ 29,395,973$
MMF/Pools 5.04%77,488,064 77,488,064 5.23%97,997,016 97,997,016
Securities 2.94%43,060,614 42,227,990 3.04%41,533,532 40,938,205
Certificates of Deposit 1.77%25,362,107 25,362,107 5.67%25,409,754 25,409,754
Total 3.99%168,088,435$ 167,255,811$ 4.71%194,336,276$ 193,740,948$
Average Yield - Current Quarter (1) Fiscal Year-to-Date Average Yield (2)
Total Portfolio 4.71%Total Portfolio 3.84%
Rolling Three Month Treasury 5.54%Rolling Three Month Treasury 4.95%
Rolling Six Month Treasury 5.38%Rolling Six Month Treasury 4.77%
TexPool 5.32%TexPool 4.74%
Interest Earnings (Approximate)
Quarter 1,687,036$
Fiscal Year-to-date 6,086,745$
September 30, 2023June 30, 2023
(1) Quarter End Average Yield - based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered. The yield for the reporting month is
used for bank, pool, and money market balances.
(2) Fiscal Year-to-Date Average Yield - calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees.
Town of Prosper Valley View Consulting, L.L.C.2 Page 17
Item 8.
Economic Overview9/30/2023 The Federal Open Market Committee (FOMC) maintained the Fed Funds target range 0.25% to 5.25% - 5.50% (Effective Fed Funds are trading +/-5.33%). A pause is projected at least until the September 19-20 meeting, with any future actions data-dependent. Second Quarter 2023 GDP posted 2.1%. September Non-Farm Payroll surged up 336k new jobs, above the 170k projection. The S&P Stock Index continued to slide below 4,300. The yield curve drifted higher on the long end. Crude Oil traded +/-$85 per barrel. Inflation drifted lower but still over the FOMC 2% target (Core PCE +/-3.9% and CPI +/-3.7%). The slowing China and German economies, Ukrainian/Russian and Israeli/Hamas conflicts continue to weight on future outlooks. 02505007501,0001,2501,5001,7502,0002,2502,5002,7503,0003,2503,5003,7504,0004,2504,5004,7505,0005,250S&P 5000.000.501.001.502.002.503.003.504.004.505.005.506.00US Treasury Historical Yields - Since Nov 2015Six Month T-BillTwo Year T-NoteTen Year T-Note0.001.002.003.004.005.006.00Treasury Yield CurvesSeptember 30, 2022June 30, 2023September 30, 20230.000.501.001.502.002.503.003.504.004.505.005.506.00US Treasury Historical Yields - Since 2006Six Month T-BillTwo Year T-NoteTen Year T-NoteValley View Consulting, L.L.C.3Page 18Item 8.
Investment Holdings
Coupon/Maturity Settlement Book Market Market Life
Description Ratings Discount Date Date Par Value Value Price Value (Days)Yield
Independent Financial DDA 2.78%10/01/23 09/30/23 11,226,083$ 11,226,083$ 1.00 11,226,083$ 1 2.78%
Independent Financial DDA #2 5.64%10/01/23 09/30/23 13,307 13,307 1.00 13,307 1 5.64%
Independent Financial DDA #3 5.64%10/01/23 09/30/23 12,600,169 12,600,169 1.00 12,600,169 1 5.64%
NexBank MMA 5.55%10/01/23 09/30/23 5,306,415 5,306,415 1.00 5,306,415 1 5.55%
PlainsCapital Bank MMA 0.00%10/01/23 09/30/23 250,000 250,000 1.00 250,000 1 0.00%
PlainsCapital Bank ICS SWEEP MMF 1.85%10/01/23 09/30/23 2,330,916 2,330,916 1.00 2,330,916 1 1.85%
TexSTAR AAAm 5.31%10/01/23 09/30/23 46,661,274 46,661,274 1.00 46,661,274 1 5.31%
TexPool AAAm 5.32%10/01/23 09/30/23 49,004,826 49,004,826 1.00 49,004,826 1 5.32%
T-Note Aaa/AA+2.88%10/31/23 10/20/21 1,500,000 1,503,103 99.82 1,497,305 31 0.43%
East West Bank CD 5.80%12/14/23 09/14/23 5,013,524 5,013,524 100.00 5,013,524 75 5.97%
T-Note Aaa/AA+4.75%02/29/24 02/09/22 5,000,000 5,021,015 98.80 4,940,235 152 1.35%
FHLB Aaa/AA+4.75%03/08/24 12/21/22 10,000,000 9,998,155 99.67 9,967,100 160 4.79%
East West Bank CD 5.71%03/14/24 09/14/23 5,013,314 5,013,314 100.00 5,013,314 166 5.88%
T-Note Aaa/AA+2.25%04/30/24 03/16/22 10,000,000 10,021,659 98.20 9,819,531 213 1.87%
Independent Financial CD 5.39%08/04/24 09/14/23 10,369,929 10,369,929 100.00 10,369,929 309 5.39%
T-Note Aaa/AA+1.25%08/31/24 02/09/22 5,000,000 4,989,601 96.28 4,814,063 336 1.48%
East West Bank CD 5.57%09/16/24 09/14/23 5,012,987 5,012,987 100.00 5,012,987 352 5.73%
FHLB Aaa/AA+4.48%10/03/24 12/22/22 10,000,000 10,000,000 99.00 9,899,972 369 4.48%
Total Portfolio 194,302,743$ 194,336,276$ 193,740,948$ 83 4.71%
(1)(2)
September 30, 2023
(1) Weighted average life - For purposes of calculating weighted average life, overnight bank and pool balances are assumed to have a one day maturity.
(2) Weighted average yield to maturity - The weighted average yield to maturity is based on Book Value, realized and unrealized gains/losses and investment advisory fees are not included. The yield for
the reporting month is used for overnight bank and pool balances.
Town of Prosper Valley View Consulting, L.L.C.4 Page 19
Item 8.
MMA/DDA/NOW
15%
Pools
51%
CDs
13%
Securities
21%
Composition - Current Quarter
$0
$50
$100
$150
$200
$250
Total Portfolio (Millions)
Quarter End Book Value
MMA/DDA/NOW
13%
Pools
46%
CDs
15%
Securities
26%
Composition - Prior Quarter
0.0
1.0
2.0
3.0
4.0
5.0
6.0
PercentageTown Portfolio Performance
Town WAY TexPool
Rolling 3 mo T-Bill Rolling 6 mo T-Bill
Town of Prosper Valley View Consulting, L.L.C.5 Page 20
Item 8.
Book and Market Value Comparison
Issuer/Description Yield Maturity
Date
Book Value
06/30/23 Increases Decreases Book Value
09/30/23
Market Value
06/30/23
Change in
Market Value
Market Value
09/30/23
Independent Financial DDA 2.78%10/01/23 2,910,906$ 8,315,177$ –$ 11,226,083$ 2,910,906$ 8,315,177$ 11,226,083$
Independent Financial DDA #2 5.64%10/01/23 7,685,319 – (7,672,012) 13,307 7,685,319 (7,672,012) 13,307
Independent Financial DDA #3 5.64%10/01/23 6,097,571 6,502,597 – 12,600,169 6,097,571 6,502,597 12,600,169
NexBank MMA 5.55%10/01/23 5,233,852 72,562 – 5,306,415 5,233,852 72,562 5,306,415
PlainsCapital Bank MMA 0.00%10/01/23 250,000 – – 250,000 250,000 – 250,000
PlainsCapital Bank ICS SWEEP MMF 1.85%10/01/23 494,594 1,836,322 – 2,330,916 494,594 1,836,322 2,330,916
TexSTAR 5.31%10/01/23 9,863,148 36,798,126 – 46,661,274 9,863,148 36,798,126 46,661,274
TexPool 5.32%10/01/23 67,130,323 – (18,125,496) 49,004,826 67,130,323 (18,125,496) 49,004,826
T-Note 0.36%07/31/23 1,499,703 – (1,499,703) – 1,494,225 (1,494,225) –
Veritex Community Bank CD 0.25%08/23/23 10,043,781 – (10,043,781) – 10,043,781 (10,043,781) –
Independent Financial CD 4.00%09/04/23 10,296,436 – (10,296,436) – 10,296,436 (10,296,436) –
Veritex Community Bank CD 0.25%09/15/23 5,021,890 – (5,021,890) – 5,021,890 (5,021,890) –
T-Note 0.43%10/31/23 1,512,313 – (9,210) 1,503,103 1,487,865 9,440 1,497,305
East West Bank CD 5.97%12/14/23 – 5,013,524 – 5,013,524 – 5,013,524 5,013,524
T-Note 1.35%02/29/24 5,033,734 – (12,719) 5,021,015 4,900,800 39,435 4,940,235
FHLB 4.79%03/08/24 9,997,096 1,058 – 9,998,155 9,951,100 16,000 9,967,100
East West Bank CD 5.88%03/14/24 – 5,013,314 – 5,013,314 – 5,013,314 5,013,314
T-Note 1.87%04/30/24 10,031,013 – (9,355) 10,021,659 9,740,600 78,931 9,819,531
Independent Financial CD 5.39%08/04/24 – 10,369,929 – 10,369,929 – 10,369,929 10,369,929
T-Note 1.48%08/31/24 4,986,754 2,847 – 4,989,601 4,767,800 46,263 4,814,063
East West Bank CD 5.73%09/16/24 – 5,012,987 – 5,012,987 – 5,012,987 5,012,987
FHLB 4.48%10/03/24 10,000,000 – – 10,000,000 9,885,600 14,372 9,899,972
TOTAL / AVERAGE 4.71%168,088,435$ 78,938,444$ (52,690,603)$ 194,336,276$ 167,255,811$ 26,485,137$ 193,740,948$
Town of Prosper Valley View Consulting, L.L.C.6 Page 21
Item 8.
Allocation
Book Value Yield Maturity
Date Total Pooled Funds Debt Service
Fund
Independent Financial DDA 2.78%11,226,083$ 11,226,083$
Independent Financial DDA #2 5.64%13,307 13,307
Independent Financial DDA #3 5.64%12,600,169 12,600,169
NexBank MMA 5.55%5,306,415 5,306,415
PlainsCapital Bank MMA 0.00%250,000 250,000
PlainsCapital Bank ICS SWEEP MMF 1.85%2,330,916 2,330,916
TexSTAR 5.31%46,661,274 46,661,274
TexPool 5.32%49,004,826 47,676,988 1,327,838$
T-Note 0.43%10/31/23 1,503,103 1,503,103
East West Bank CD 5.80%12/14/23 5,013,524 5,013,524
T-Note 1.35%02/29/24 5,021,015 5,021,015
FHLB 4.79%03/08/24 9,998,155 9,998,155
East West Bank CD 5.71%03/14/24 5,013,314 5,013,314
T-Note 1.87%04/30/24 10,021,659 10,021,659
Independent Financial CD 5.39%08/04/24 10,369,929 10,369,929
T-Note 1.48%08/31/24 4,989,601 4,989,601
East West Bank CD 5.57%09/16/24 5,012,987 5,012,987
FHLB 4.48%10/03/24 10,000,000 10,000,000
Totals 194,336,276$ 193,008,438$ 1,327,838$
September 30, 2023
Town of Prosper Valley View Consulting, L.L.C.7 Page 22
Item 8.
Allocation
Book Value Yield Maturity
Date Total Pooled Funds Debt Service
Fund
Independent Financial DDA 2.53%2,910,906$ 2,910,906$
Independent Financial DDA #2 5.38%7,685,319$ 7,685,319
Independent Financial DDA #3 5.38%6,097,571$ 6,097,571
NexBank MMA 5.30%5,233,852$ 5,233,852
PlainsCapital Bank MMA 0.00%250,000$ 250,000
PlainsCapital Bank ICS SWEEP MMF 1.85%494,594$ 494,594
TexSTAR 5.08%9,863,148$ 9,863,148
TexPool 5.05%67,130,323$ 62,898,861 4,231,462
T-Note 0.36%07/31/23 1,499,703$ 1,499,703
Veritex Community Bank CD 0.25%08/23/23 10,043,781$ 10,043,781
Independent Financial CD 4.00%09/04/23 10,296,436$ 10,296,436
Veritex Community Bank CD 0.25%09/15/23 5,021,890$ 5,021,890
T-Note 0.43%10/31/23 1,512,313$ 1,512,313
T-Note 1.35%02/29/24 5,033,734$ 5,033,734
FHLB 4.79%03/08/24 9,997,096$ 9,997,096
T-Note 1.87%04/30/24 10,031,013$ 10,031,013
T-Note 1.48%08/31/24 4,986,754$ 4,986,754
FHLB 4.48%10/03/24 10,000,000$ 10,000,000
Totals 168,088,435$ 163,856,973$ 4,231,462$
June 30, 2023
Town of Prosper Valley View Consulting, L.L.C.8 Page 23
Item 8.
Town of Prosper, Texas
September 30, 2023 Quarterly Investment Report Investment Strategy Addendum
As noted in the Economic Overview, the FOMC has tightened 525 basis points in the since early 2022 and as anticipated,
tightened an additional 25 basis points on July 26, 2023 resulting in a Fed Funds target of 5.25%-5.50%. These increases
reflect The Federal Reserve's efforts to slow the economy and reduce inflationary pressures.
In the low interest environment of 2021 and prior, Certificates of Deposit (CD) often provided a yield advantage over
Treasury and Agency securities. This yield advantage is still selectively prevalent, but combined with the greater
administrative requirements and lack of liquidity associated with CD's, the Town may continue shifting more available
funds into fixed income securities. In addition, the Town's premier money market account with its Depository Bank pays
the Fed Funds rate. The Town also maintains balances in two local government investment pools to ensure liquidity and
for diversification purposes.
Town of Prosper Valley View Consulting, L.L.C.9 Page 24
Item 8.
Page 1 of 2
To: Mayor and Town Council
From: Robert B. Scott, Deputy Town Manager
Through: Mario Canizares, Town Manager
Re: Town Investment Policy
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon a resolution approving the Town of Prosper and Prosper Economic
Development Corporation (PEDC) Investment Policy and Investment Strategy and approving the
list of qualified brokers/dealers and financial institutions that are authorized to engage in
investment transactions with the Town of Prosper and the PEDC.
Description of Agenda Item:
In March 2006, the Prosper Town Council adopted an Investment Policy for the Town and PEDC.
This policy was last reviewed, revised, or adopted in September 2022. The Town’s investment
program and investment strategy remain the same under the policy and there are no changes to
the allowed investments, investment maturity limits or staff responsibilities for Town investments.
The only notable change to the policy in the current period is to remove the Accounting Manager
as an authorized investment officer of the Town. The attached redline version highlights proposed
changes.
Under the Public Funds Investment Act, investment officers must attend at least eight hours of
instruction relating to the treasurer's or officer's responsibilities not less than once in a two -year
period. Currently, the Town Manager, Deputy Town Manager, Finance Director, and Assistant
Finance Director are designated for the Town. The PEDC Treasurer, Deputy Town Manager, and
the Finance Director are named as investment officers of PEDC.
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.
FINANCE
Page 25
Item 9.
Page 2 of 2
Attached Documents:
1. Resolution
2. Investment Policy redline version.
3. Investment Policy clean version
Town Staff Recommendation:
Town Staff recommends approval of a resolution approving the Town of Prosper and the PEDC
Investment Policy and Investment Strategy.
Proposed Motion:
I move to approve a resolution approving the Town of Prosper and the PEDC Investment Policy
and Investment Strategy.
Page 26
Item 9.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023-XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, REVIEWING, UPDATING AND ADOPTING THE TOWN OF PROSPER
AND PROSPER ECONOMIC DEVELOPMENT CORPORATION INVESTMENT
POLICY AND INVESTMENT STRATEGY; MAKING FINDINGS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Public Funds Investment Act (“the Act”), contained in Chapter 2256
of the Texas Government Code, as amended, provides in Section 2256.005(e) thereof that the
governing body of an investing entity shall review its investment policy and investment strategies
not less than annually; and
WHEREAS, said section of the Act further provides that the governing body shall adopt a
written instrument by rule, order, ordinance, or resolution stating that it has reviewed the
investment policy and investment strategies; and
WHEREAS, the Act requires the written instrument so adopted shall record any changes
made to either the investment policy or the investment strategies.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The Prosper Town Council hereby confirms that it has reviewed the Town of Prosper and
Prosper Economic Development Corporation Investment Policy and Investment Strategy and
adopts the Investment Policy dated November 14, 2023, attached hereto as Exhibit “A”.
SECTION 2
This Resolution shall take effect from and after the date of its passage.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 14th DAY OF NOVEMBER, 2023.
APPROVED:
___________________________________
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
Page 27
Item 9.
Resolution No. 2022- , Page 2
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 28
Item 9.
Resolution No. 2023-XX, Page 3
TOWN OF PROSPER, TEXAS
and
PROSPER ECONOMIC DEVELOPMENT CORPORATION
INVESTMENT POLICY
November 14, 2023
Exhibit “A”
Page 29
Item 9.
Resolution No. 2023-XX, Page 4
APPENDIX “B” – TOWN OF PROSPER AUTHORIZED BROKER/DEALER LIST
APPENDIX “C” – RESOLUTION FOR ADOPTION OF INVESTMENT POLICY
APPENDIX “D” – PUBLIC FUNDS INVESTMENT ACT
INVESTMENT POLICY
Table of Contents
PREFACE
5
I. PURPOSE
6-7
A. FORMAL ADOPTION
6
B. SCOPE 6
C. REVIEW AND AMENDMENT 7
D. INVESTMENT STRATEGY 7
II. INVESTMENT OBJECTIVES 7-8
A. SAFETY OF PRINCIPAL
7
B. MAINTENANCE OF ADEQUATE LIQUIDITY 7
C. PUBLIC TRUST 7
D. YIELD 8
III. INVESTMENT POLICIES 8-20
A. AUTHORIZED INVESTMENTS
8
B. PROTECTION OF PRINCIPAL 13
C. INVESTMENT ADVISERS AND SECURITIES DEALERS 16
D. RESPONSIBILITY AND CONTROL 17
IV. INVESTMENT STRATEGY STATEMENT 19-23
A. GENERAL, ENTERPRISE, AND OPERATING-TYPE FUNDS
B. CAPITAL PROJECT AND SPECIAL PURPOSE FUNDS
C. DEBT SERVICE FUNDS
20
21
22
APPENDIX “A” – GLOSSARY OF TERMS 24-28
Page 30
Item 9.
Resolution No. 2023-XX, Page 5
PREFACE
The Town of Prosper and the Prosper Economic Development Corporation are separately
chartered, governed, and operated entities. Each ENTITY adheres to its own governing documents
and the Public Funds Investment Act. Each ENTITY additionally seeks to safely and effectively
manage the funds under its control. To achieve those requirements, the governing body of each
ENTITY has legally adopted this Investment Policy.
Throughout this Investment Policy, the two entities shall be singularly referred to as “ENTITY”
and collectively referred to as “PROSPER.”
It is the policy of PROSPER that, giving due regard to the safety and risk of investment, all
available funds shall be invested in conformance with State and Federal Regulations, applicable
Bond Resolution requirements, adopted Investment Policy and adopted Investment Strategy.
Effective cash management is recognized as essential to good fiscal management. A
comprehensive and effective cash management system will be pursued to optimize investment
interest earnings as viable and material revenue to all PROSPER funds. PROSPER’s portfolio
shall be designed and managed in a manner responsive to the public trust and consistent with all
Federal regulations, State of Texas statutes and other legal requirements, including the Town
Charter, Town Ordinances, Articles of Incorporation, and this Policy.
Page 31
Item 9.
Resolution No. 2023-XX, Page 6
I. PURPOSE
A. Formal Adoption
This Investment Policy is authorized by PROSPER in accordance with Chapter 2256,
Texas Government Code, the Public Funds Investment Act, herein referred to as
“PFIA”.
B. Scope
This Investment Policy applies to all of the investment activities of PROSPER. These
funds are accounted for in the Town’s Annual Comprehensive Financial Report
(ACFR) and include:
General Fund
Debt Service Funds
Special Revenue Funds
Capital Project Funds
Enterprise Funds
Internal Service Funds
Economic Development Corporation Funds
Any new fund created by the Town
The Town of Prosper may consolidate cash balances from multiple funds to maximize
investment earnings. Investment income will be allocated to the various funds based
on their respective participation and in accordance with generally accepted accounting
principles.
This Policy establishes guidelines for:
1. Who can invest PROSPER funds,
2. How PROSPER funds will be invested, and
3. When and how a periodic review of investments will be made.
In addition to this Policy, bond funds (as defined by the Internal Revenue Service) shall
be managed in accordance with their issuing documentation and all applicable State
and Federal Law.
All investments made with PROSPER funds prior to the adoption of this Investment
Policy shall be held or liquidated as determined to be in the best interest of the financial
well being of PROSPER. PROSPER will also monitor changes in the credit ratings of
its investments quarterly using a number of resources including rating agencies,
broker/dealers or financial publications. PROSPER shall take all prudent measures that
are consistent with its investment policy to liquidate an investment that does not have
the minimum rating.
Page 32
Item 9.
Resolution No. 2023-XX, Page 7
C. Review and Amendment
This Policy shall be reviewed annually by the ENTITY’s governing body. The
ENTITY’s governing body shall adopt a written document stating that it has reviewed
and recorded any changes made to the Investment Policy.
D. Investment Strategy
In conjunction with the annual Policy review, the ENTITY’s governing body shall
review the separate written Investment Strategy for each of PROSPER’s funds. The
Investment Strategy must describe the investment objectives for each particular fund
according to the following priorities:
1. Investment suitability,
2. Preservation and safety of principal,
3. Liquidity,
4. Marketability prior to maturity of each investment,
5. Diversification, and
6. Yield.
II. INVESTMENT OBJECTIVES
A. Safety of Principal
The primary objective of all investment activity is the preservation of capital and the
safety of principal in the overall portfolio. Each investment transaction shall seek to
ensure first that capital losses are avoided, whether they are from securities defaults or
erosion of the market value.
B. Maintenance of Adequate Liquidity
The investment portfolio will remain sufficiently liquid to meet the cash flow
requirements that might be reasonably anticipated. Liquidity shall be achieved by
matching investment maturities with forecasted cash flow requirements; investing in
securities with active secondary markets; and maintaining appropriate portfolio
diversification.
Page 33
Item 9.
Resolution No. 2023-XX, Page 8
C. Public Trust
All participants in the investment process will seek to act responsibly as custodians of
the public trust. Investment officials will avoid any transactions that might impair
public confidence in the Town’s ability to govern effectively. The governing body
recognizes that in a diversified portfolio, occasional measured losses due to market
volatility are inevitable, and must be considered within the context of the overall
portfolio’s investment return, provided that the adequate diversification has been
implemented and the terms of this policy have been followed.
D. Yield
The investment portfolio shall be designed with the objective of attaining a market rate
of return throughout budgetary and economic cycles, taking into account the
investment risk constraints and liquidity needs. Return on investment is of secondary
importance compared to the safety and liquidity objectives described above. Core
investments are limited to relatively low risk securities in anticipation of earning a fair
return relative to the risk being assumed.
III. INVESTMENT POLICIES
A. Authorized Investments
Investments described below are authorized by PFIA as eligible securities for
PROSPER. In the event an authorized investment loses its required minimum credit
rating, all prudent measures will be taken to liquidate said investment. Additionally,
PROSPER is not required to liquidate investments that were authorized at the time of
purchase in the event that subsequent legislation renders certain securities as no longer
authorized for purchase by the Town. PROSPER’s funds governed by this Policy may
be invested in:
1. Obligations of Governmental Entities (Section 2256.009). Except for the items
listed in 1.e. below, the following are authorized investments for obligations of
governmental agencies:
a. Obligations, including letters of credit, of the United States or its agencies and
instrumentalities, including the Federal Home Loan Banks;
b. Direct obligations of the State of Texas or its agencies and instrumentalities;
c. Other obligations, the principal and interest of which are unconditionally
guaranteed or insured by, or backed by the full faith and credit of, the State of
Texas or the United States or their respective agencies and instrumentalities,
including obligations that are fully guaranteed or insured by the Federal Deposit
Insurance Corporation or by the explicit full faith and credit of the United
States;
Page 34
Item 9.
Resolution No. 2023-XX, Page 9
d. Obligations of states, agencies, counties, cities, and other political subdivisions
of any State having been rated as to investment quality by a nationally
recognized investment rating firm and having received a rating of not less than
“A” or its equivalent;
e. The following are not authorized investments for PROSPER:
1. Obligations whose payments represent the coupon payments on the
outstanding principal balance of the underlying mortgage-backed security
collateral and pays no principal (Interest Only);
2. Obligations whose payments represent the principal stream of cash flow
from the underlying mortgage-backed security collateral and bear no
interest (Principal Only);
3. Collateralized mortgage obligations that have a stated final maturity date of
greater than 10 years; and
4. Collateralized mortgage obligations the interest rate of which is
determined by an index that adjusts opposite to the changes in a market
index (Inverse Floater).
2. Financial Institution Deposits (Section 2256.010).
a. Certificates of deposit, share certificates, or other forms of deposit provided
the deposit is issued by a depository institution that has its main office or a
branch office in Texas that is:
1. Guaranteed or insured by the Federal Deposit Insurance Corporation or its
successor or the National Credit Union Share Insurance Fund or its
successor; or
2. Secured by obligations that are described by 1. (Obligations of
Governmental Entities) above, which are intended to include all direct
Federal agency or instrumentality issued mortgage backed securities, but
excluding those mortgage-backed securities of the nature described in
1.e. above, that have a market value of not less than the uninsured amount
of the deposit; or
3. Secured in any other manner and amount provided by the law for deposits
of PROSPER.
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b. In addition to the authority to invest funds in certificates of deposit under
Subsection “a”, an investment in certificates of deposit made in accordance
with the following conditions is an authorized investment:
1. The funds are invested through:
(a) a broker that has its main office or a branch office in this state and is
selected from a list adopted by PROSPER as required by Section
2256.025; or
(b) a depository institution that has its main office or a branch office in this
state and that is selected by PROSPER;
2. The broker or the depository institution selected by PROSPER under
Subdivision (1) arranges for the deposit of the funds in certificates of deposit
in one or more federally insured depository institutions, wherever located,
for the account of PROSPER;
3. The full amount of the principal and accrued interest of each of the
certificates of deposit is insured by the United States or an instrumentality
of the United States; and
4. PROSPER appoints the depository institution selected by PROSPER
under Subdivision (1), an entity described by Section 2257.041(d), or a
clearing broker-dealer registered with the Securities and Exchange
Commission and operating pursuant to Securities and Exchange
Commission Rule 15c3-3 (17 C.F.R. Section 240.15c3-3) as custodian for
PROSPER with respect to the certificates of deposit issued for the account
of PROSPER.
3. Mutual Funds (2256.014).
a. A no-load money market mutual fund is an authorized investment under this
subchapter if the mutual fund:
1. Is registered with and regulated by the Securities and Exchange Commission;
2. Provides PROSPER with a prospectus and other information required by
the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the
Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.); and
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3. Includes in its investment objectives the maintenance of a stable net asset
value of $1.0000 for each share.
b. In addition to a no-load money market mutual fund permitted as an authorized
investment in Subsection (a), a no-load mutual fund is an authorized investment
under this subchapter if the mutual fund:
1. Is registered with the Securities and Exchange Commission;
2. Has an average weighted maturity of less than two years;
3. Either:
(a) Has a duration of one year or more and is invested exclusively in
obligations approved by this subchapter; or
4. Has a duration of less than one year and the investment portfolio is limited to
investment grade securities, excluding asset-backed securities.
c. PROSPER is not authorized by this section to:
1. Invest in the aggregate more than 15 percent of its monthly average fund
balance, excluding bond proceeds and reserves and other funds held for debt
service, in mutual funds described in Subsection (b);
2. Invest any portion of bond proceeds, reserves and funds held for debt service,
in mutual funds described in Subsection (b); or
3. Invest its funds or funds under its control, including bond proceeds and
reserves and other funds held for debt service, in any one mutual fund
described in Subsection (a) or (b) in an amount that exceeds 10 percent of
the total assets of the mutual fund.
4. Local Government Investment Pools (2256.016). Eligible investment pools
organized and operating in compliance with PFIA described in section 2256.016
and 2256.019, have been authorized by the Town’s Council, whose investment
philosophy and strategy include seeking to maintain a stable net asset value of
$1.00 per share, and are consistent with this Policy and PROSPER’s ongoing
investment strategy.
5. Commercial Paper (2256.013). Commercial paper is an authorized investment
under this policy if the commercial paper:
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a. Has a stated maturity of 365 days or fewer from the date of its issuance; and
b. Is rated not less than A-1 or P-1 or an equivalent rating by at least:
1. two nationally recognized credit rating agencies; or
2. one nationally recognized credit rating agency and is fully secured by an
irrevocable letter of credit issued by a bank organized and existing under
the laws of the United States or any state.
6. Repurchase Agreements (2256.011). Repurchase agreements arranged in
compliance with PFIA, under the terms of an executed Repurchase Agreement, and
secured in accordance with this Policy.
a. A fully collateralized repurchase agreement is an authorized investment under
PFIA, Subchapter A, if the repurchase agreement:
1. has a defined termination date;
2. is secured by a combination of cash and obligations described by PFIA,
section 2256.009(a)(1); and
3. requires the securities being purchased by the Town to be pledged to the
Town, held in the Town’s name, and deposited at the time the investment is
made with the Town or with the third-party selected and approved by the
Town; and
4. is placed through a primary government securities dealer, as defined by the
Federal Reserve, or a financial institution doing business in Texas.
b. In this section, “repurchase agreement” means a simultaneous agreement to
buy, hold for a specific time, and sell back, at a future date, obligations
described by Section 2256.009(a)(1), at market value at the time the funds are
disbursed of not less than the principal amount of the funds disbursed. The
term includes a direct security repurchase agreement and a reverse Security
repurchase agreement.
c. Notwithstanding any other law, the term of any reverse security repurchase
agreement may not exceed 90 days after the date the reverse security
repurchase agreement is delivered.
d. Money received by PROSPER under the terms of a reverse security repurchase
agreement shall be used to acquire additional authorized investments, but the
term of the authorized investments acquired must mature not later than the
expiration date stated in the reverse security repurchase agreement.
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7. Guaranteed Investment Contracts (2256.015).
a. A guaranteed investment contract is an authorized investment for bond proceeds
under this subchapter if the guaranteed investment contract:
1. Has a defined termination date;
2. Is secured by obligations described by Section 2256.009(a)(1), excluding
those obligations described by Section 2256.009(b), in an amount at least
equal to the amount of bond proceeds invested under the contract; and
3. Is pledged to PROSPER and deposited with the Town or with a third party
selected and approved by the Town.
b. Bond proceeds, other than bond proceeds representing reserves and funds
maintained for debt service purposes, may not be invested under this subchapter
in a guaranteed investment contract with a term of longer than five years from
the date of issuance of the bonds.
c. To be eligible as an authorized investment:
1. The governing body of the Town must specifically authorize guaranteed
investment contracts as an eligible investment in the order, ordinance, or
resolution authorizing the issuance of bonds;
2. The Town must receive bids from at least three separate providers with no
material financial interest in the bonds from which proceeds were received;
3. The Town must purchase the highest yielding guaranteed investment
contract for which a qualifying bid is received;
4. The price of the guaranteed investment contract must take into account the
reasonably expected drawdown schedule for the bond proceeds to be
invested; and
5. The provider must certify the administrative costs reasonably expected to
be paid to third parties in connection with the guaranteed investment
contract.
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Resolution No. 2023-XX, Page 14
B. Protection of Principal
PROSPER shall seek to control the risk of loss due to failure of a security issuer or
grantor. Such risk shall be controlled by investing only in the safest types of securities
as defined in the Policy; by collateralization as required by law; and through portfolio
diversification by maturity and type.
The purchase of individual securities shall be executed “Delivery versus Payment”
(DVP) through PROSPER’s Safekeeping Agent. By so doing, PROSPER’s funds are
not released until PROSPER has received, through the Safekeeping Agent, the
securities purchased.
1. Diversification by Investment Type
Diversification by investment type shall be maintained by ensuring an active and
efficient secondary market in portfolio investments and by controlling the market
and opportunity risks associated with specific investment types.
Bond proceeds may be invested in a single security or investment if PROSPER
determines that such an investment is necessary to comply with Federal arbitrage
restrictions or to facilitate arbitrage record keeping and calculation.
2. Diversification by Investment Maturity
In order to minimize risk of loss due to interest rate fluctuations, investment
maturities will not exceed the anticipated cash flow requirements of the funds.
Generally, PROSPER will not directly invest in securities maturing more than five
years from the date of purchase.
Maturity guidelines by fund type are discussed in Section IV, Investment Strategy
Statement.
3. Ensuring Liquidity
Liquidity shall be achieved by anticipating cash flow requirements, by investing in
securities with active secondary markets and by investing in eligible financial
institution deposit accounts, money market mutual funds, and local government
investment pools.
A security may be liquidated to meet unanticipated cash requirements, to redeploy
cash into other investments expected to outperform current holdings, or otherwise
to adjust the portfolio.
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4. Depository Agreements
Consistent with the requirements of State Law, PROSPER requires all bank
deposits to be federally insured or collateralized with eligible securities. Financial
institutions serving as PROSPER’s Depositories will be required to sign a
Depository Agreement with PROSPER and PROSPER’s safekeeping agent. The
safekeeping portion of the Agreement shall define PROSPER’s rights to the
collateral in case of default, bankruptcy, or closing and shall establish a perfected
security interest in compliance with Federal and State regulations, including:
The Agreement must be in writing;
The Agreement must be executed by the Depository and PROSPER
contemporaneously with the acquisition of the asset;
The Agreement must be approved by the Board of Directors or the designated
committee of the Depository and a copy of the meeting minutes must be
delivered to PROSPER;
The Agreement must be part of the Depository’s “official record” continuously
since its execution.
a. Allowable Collateral
Eligible securities for collateralization of PROSPER deposits are defined by
Chapter 2257, Texas Government Code, the Public Funds Collateral Act, as
amended and meet the constraints of this Section III. A. 2.
b. Collateral Levels
The market value of pledged collateral must at all times be equal to or greater
than 105% of the principal and accrued interest for PROSPER balances, less
the applicable level of FDIC insurance.
Letters of Credit shall at all times be equal to or greater than 100% of the total
value of the deposits and accrued interest for PROSPER balances, less the
applicable level of FDIC insurance. Non-renewable Letters of Credit shall
expire not less than two business days after the anticipated deposit withdrawal.
c. Monitoring Collateral Adequacy
PROSPER shall require monthly reports of pledged securities marked to market
using quotes by a recognized market pricing service quoted on the valuation
date from all financial institutions with which PROSPER has collateralized
deposits. Additionally, a monthly collateral report shall be provided by the
custodian for verification of the pledged securities. The Investment Officers
will monitor adequacy of collateralization levels to verify market values and
total collateral positions.
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d. Additional Collateral
If the collateral pledged for a deposit falls below adequate levels, as defined
above in Section 4.b., the institution holding the deposit will be notified by the
Investment Officers and will be required to pledge additional securities no later
than the end of the next succeeding business day.
e. Security Substitution
Collateralized deposits often require substitution of securities. Any financial
institution requesting substitution must contact an Investment Officer for
approval and settlement. The substituted security’s value will be calculated and
substitution approved if the substitution maintains a pledged value equal to or
greater than the required security level. An Investment Officer must provide
written notification of the decision to the bank or the safekeeping agent holding
the security prior to any security release. Substitution is allowable for all
transactions, but should be limited, if possible, to minimize potential
administrative problems and transfer expense. The Investment Officers may
limit substitution and assess appropriate fees if substitution becomes excessive
or abusive.
5. Safekeeping
a. Safekeeping Agreement
PROSPER shall contract with a bank or banks for the safekeeping of securities
either owned by PROSPER as a part of its investment portfolio or as a part of
its depository agreements.
b. Safekeeping of Deposit Collateral
All marketable security collateral securing bank deposits must be held by a
third-party custodian eligible under the Public Funds Collateral Act, and
acceptable to PROSPER, or by a Federal Reserve Bank.
C. Investment Advisers and Securities Dealers
Investment Advisers shall adhere to the spirit, philosophy and specific terms of this
Policy and shall invest within the same “Standard of Care” as defined in Section E. 3.
Below. Securities Dealers shall avoid recommending or suggesting transactions
outside that “Standard of Care.”
1. Selection of Investment Advisers
The selection of Investment Advisers will be performed by the Investment Officers.
The Investment Officers will establish criteria to evaluate Investment Advisers
including:
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Resolution No. 2023-XX, Page 17
a. Adherence to PROSPER’s policies and strategies,
b. Investment performance and transaction pricing within accepted risk
constraints,
c. Responsiveness to PROSPER’s request for services, information and open
communication,
d. Understanding of the inherent fiduciary responsibility of investing public funds,
and
e. Similarity in philosophy and strategy with PROSPER’s objectives.
Selected Investment Advisers must be registered under the Investment Advisers
Act of 1940 or with the State Securities Board. A contract with an Investment
Adviser may not be for a term longer than two years and any contract, renewal or
extension must be approved by Town Council.
2. Selection of Authorized Securities Dealers
The ENTITY’s governing body shall, at least annually, review, revise, and adopt
a list of qualified broker/dealers (Appendix B) that are authorized to engage in
investment transactions with the ENTITY.
a. Eligibility
Authorized firms may include primary dealers or regional dealers that qualify
under Securities & Exchange Commission Rule 15C3-1 (Uniform Net Capital
Rule), and qualified depositories.
b. Competitive Environment
It is the policy of PROSPER to require a competitive environment for all
investment activities. Individual investment quotes will be solicited orally, in
writing, electronically, or any combination of these methods.
3. Policy Certification
All local government investment pools and discretionary investment
management firms (business organizations) offering to engage in an investment
transaction with PROSPER will be required to acknowledge in writing that the
firm has received and reviewed PROSPER’s Investment Policy. This
Certification also acknowledges that the business organization has implemented
reasonable procedures and controls in an effort to preclude investment
transactions conducted between PROSPER and the organization that are not
authorized by PROSPER’s investment policy, except to the extent that this
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Resolution No. 2023-XX, Page 18
authorization is dependent on an analysis of the makeup of PROSPER’s entire
portfolio, requires an interpretation of subjective investment standards, or relates
to investment transactions of PROSPER that are not made through accounts or
other contractual arrangements over which the business organization has
accepted discretionary investment authority, as required by PFIA.
D. Responsibility and Control
1. Authority to Invest
The Town Manager, Deputy Town Manager, Finance Director, and Assistant
Finance Director are the “Investment Officers” of the Town of Prosper. The
PEDC Treasurer, Deputy Town Manager, and the Finance Director are the
“Investment Officers” of the PEDC. The Investment Officers are authorized to
deposit, withdraw, invest, transfer, execute documentation, and otherwise manage
PROSPER’s funds according to this Policy. The Investment Officers may authorize
one or more Investment Officers to deposit, withdraw or transfer funds out of or
into an investment pool or money market mutual fund in order to meet daily
operating needs of PROSPER in compliance with the established Internal Controls.
2. Prudent Investment Management
The designated Investment Officers shall perform their duties in accordance with
the adopted Investment Policy and internal procedures. In determining whether an
Investment Officer has exercised prudence with respect to an investment decision,
the investment of all funds over which the Investment Officer had responsibility,
rather than the prudence of a single investment shall be considered.
Investment Officers acting in good faith and in accordance with these policies and
procedures shall be relieved of personal liability.
3. Standard of Care
The standard of care used by PROSPER shall be that as defined in PFIA, Section
2256.006. It states:
“Investments shall be made with judgment and care, under prevailing
circumstances, that a person of prudence, discretion and intelligence would exercise
in the management of the person’s own affairs, not for speculation, but for
investment, considering the probable safety of capital and the probable income to
be derived.”
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4. Standards of Ethics
The designated Investment Officers shall act as custodians of the public trust
avoiding any transactions which might involve a conflict of interest, the appearance
of a conflict of interest, or any activity which might otherwise discourage public
confidence. Investment Officers shall refrain from personal business activity that
could conflict with proper execution of the investment program, or which could
impair their ability to make impartial investment decisions. Additionally, all
Investment Officers shall file with the Texas Ethics Commission and the ENTITY’s
governing body a statement disclosing any personal business relationship with a
business organization seeking to sell investments to PROSPER or any relationship
within the second degree by affinity or consanguinity to an individual seeking to
sell investments to PROSPER. For purposes of this subsection, an Investment
Officer has a personal business relationship with business organization if:
a. The Investment Officer owns 10 percent or more of the voting stock or shares
of the business organization or owns $5,000 or more of the fair market value of
the business organization;
b. Funds received by the Investment Officer from the business organization
exceed 10 percent of the Investment Officer’s gross income for the previous
year; or
c. The Investment Officer has acquired from the business organization during the
previous year investments with a book value of $2,500 or more for the personal
account of the Investment Officer.
5. Establishment of Internal Controls
PROSPER’s Investment Officers will maintain a system of internal controls over
the investment activities of PROSPER.
6. Reporting
Investment performance will be monitored and evaluated by the Investment
Officers. The weighted average yield to maturity will be the standard for calculating
portfolio rate of return. The Investment Officers will provide a quarterly
comprehensive report signed by all Investment Officers to the ENTITY’s
governing body. This investment report shall:
a. Describe in detail the investment position of PROSPER,
b. Contain a summary statement, prepared in compliance with generally accepted
accounting principles, of each pooled fund group that states the:
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1. beginning market value of the reporting period;
2. ending market value for the period; and
3. fully accrued interest for the reporting period;
c. State the book value and market value of each separately invested asset at the
end of the reporting period by the type of asset and fund type invested;
d. State the maturity date of each separately invested asset that has a maturity date;
e. State the account or fund or pooled group fund for which each individual
investment was acquired; and
f. State the compliance of the investment portfolio with PROSPER’s Investment
Policy, strategy, and PFIA.
In defining market value, sources independent of the investment provider will
determine valuations and consideration will be given to GASB Statement No. 31.
PROSPER, in conjunction with its annual financial audit, shall perform a
compliance audit of the management controls on investments and adherence to
PROSPER’s Investment Policy. If PROSPER invests in other than money market
mutual funds, investment pools or accounts offered by its depository bank in the
form of certificates of deposits, or money market accounts or similar accounts, the
reports prepared by the Investment Officers shall be formally reviewed at least
annually by an independent auditor, and the result of the review shall be reported
to the ENTITY’s governing body by that auditor.
7. Training
In order to ensure the quality and capability of PROSPER’s investment personnel
making investment decisions, PROSPER shall provide periodic training in
investments for the investment personnel through courses and seminars offered by
approved independent training sources, including: the Government Finance
Officers Association (GFOA), Government Finance Officers Association of Texas
(GFOAT), Government Treasurers’ Organization of Texas (GTOT), Texas
Municipal League (TML), North Central Texas Council of Governments
(NCTCOG), International City/County Management Association (ICMA), Texas
Society of Certified Public Accountants (TSCPA), American Institute of Certified
Public Accountants (AICPA), and University of North Texas (UNT).
a. The Investment Officers shall:
1. attend at least 10 hours of training relating to the Investment Officers’
responsibilities within 12 months after taking office or assuming duties; and
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2. attend an investment training session not less than once in a two-year period
that begins on the first day of the Town’s fiscal year and consists of the two
consecutive fiscal years after that date and receive not less than 8 hours of
instruction relating to investment responsibilities under this subchapter.
b. Training under this section must include education in investment controls,
security risks, strategy risks, market risks, diversification of investment
portfolio and compliance with PFIA.
IV. INVESTMENT STRATEGY STATEMENT
The investment portfolio shall be designed with the objective of attaining a reasonable
market yield at all times, taking into account the investment risk constraints and liquidity
needs of the Town. Return on investment is of lesser importance compared to the safety and
liquidity objectives described in Section II. In order to minimize risk of loss due to interest
rate fluctuations, investment maturities will not exceed the anticipated cash flow
requirements of the fund. Investment guidelines by fund-type are as follows:
A. General, Enterprise, or Operating-type Funds
Operating funds shall have their primary objective to assure that anticipated cash
outflows are matched with the adequate investment liquidity. The secondary objective
is to create a portfolio structure that will experience minimal volatility during changing
economic cycles.
a. Suitability - Any investment eligible in the Investment Policy is suitable for
General, Enterprise, or Operating-type funds.
b. Safety of Principal - All investments shall be of high quality with no perceived
default risk. Market price fluctuations will occur. However, managing the
weighted average days to maturity of each fund’s portfolio to less than one year
and restricting the maximum allowable maturity to two years will minimize the
price volatility of the portfolio.
c. Liquidity - General, Enterprise, or Operating-type Funds require the greatest
short-term liquidity of any of the fund-types. Financial institution deposit
accounts, short-term investment pools and money market mutual funds will
provide daily liquidity and may be utilized as a competitive yield alternative to
fixed maturity investments.
d. Marketability - Securities with active and efficient secondary markets are
necessary in the event of an unanticipated cash flow requirement.
e. Diversification - Investment maturities should be staggered throughout the
budget cycle to provide cash flow based on the anticipated operating needs of
the Town. Diversifying the appropriate maturity structure up to the two-year
maximum will reduce interest rate risk.
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f. Yield - Attaining a competitive market yield for comparable security-types and
portfolio restrictions is the desired objective. The yield of an equally weighted,
rolling three-month Treasury-Bill portfolio will be the minimum yield objective.
B. Capital Project Funds and Special Purpose Funds
Capital project funds and special purpose funds shall have as their primary objective to
assure that anticipated cash outflows are matched with adequate investment liquidity.
The portfolios shall be invested based on cash flow estimates. Funds invested for capital
projects may be from bond proceeds that are subject to arbitrage rebate regulations.
a. Suitability - Any investment eligible in the Investment Policy is suitable for
Capital Projects Funds.
b. Safety of Principal - All investments will be of high quality with no perceived
default risk. Market price fluctuations will occur. However, by managing
Capital Projects Funds to not exceed the anticipated expenditure schedule, the
market risk of the overall portfolio will be minimized. No stated final investment
maturity shall exceed the shorter of the anticipated expenditure schedule or three
years.
c. Liquidity - Most capital projects programs have reasonably predictable draw
down schedules. Therefore, investment maturities should generally follow the
anticipated cash flow requirements. Financial institution deposit accounts, short
term investment pools and money market mutual funds will provide readily
available funds generally equal to one month’s anticipated cash flow needs, or a
competitive yield alternative for short-term fixed maturity investments. A
singular repurchase agreement may be utilized if disbursements are allowed in
the amount necessary to satisfy any expenditure request. This investment
structure is commonly referred to as a flexible repurchase agreement.
d. Marketability - Securities with active and efficient secondary markets are
necessary in the event of an unanticipated cash flow requirement.
e. Diversification - Market conditions and arbitrage regulations influence the
attractiveness of staggering the maturity of fixed rate investments for bond
proceeds. Generally, if investment rates exceed the applicable cost of borrowing,
the Town is best served by locking in most investments. If the cost of borrowing
cannot be exceeded, then current market conditions will determine the
attractiveness of diversifying maturities or investing in shorter and larger
amounts. At no time shall the anticipated expenditure schedule be exceeded in
an attempt to bolster yield.
f. Yield - Achieving a positive spread to the cost of borrowing is the desired
objective, within the limits of the Investment Policy’s risk constraints. The yield
of an equally weighted, rolling six-month Treasury-Bill portfolio will be the
minimum yield objective for non-borrowed funds.
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C. Debt Service Funds
Debt service funds shall have as the primary objective the assurance of investment
liquidity adequate to cover the debt service obligation on the required payment
date. Investments purchased shall not have a stated final maturity date which exceeds
the debt service payment date.
a. Suitability - Any investment eligible in the Investment Policy is suitable for
Debt Service Funds.
b. Safety of Principal - All investments shall be of high quality with no perceived
default risk. Market price fluctuations will occur. However, by managing Debt
Service Funds to not exceed the debt service payment schedule the market risk
of the overall portfolio will be minimized.
c. Liquidity - Debt Service Funds have predictable payment schedules. Therefore,
investment maturities should not exceed the anticipated cash flow requirements.
Financial institution deposit accounts, short term investments pools and money
market mutual funds may provide a competitive yield alternative for short-term
fixed maturity investments. A singular repurchase agreement may be utilized if
disbursements are allowed in the amount necessary to satisfy any debt service
payment. This investment structure is commonly referred to as a flexible
repurchase agreement.
d. Marketability - Securities with active and efficient secondary markets are not
necessary as the event of an unanticipated cash flow requirement is not probable.
e. Diversification - Market conditions influence the attractiveness of fully
extending maturity to the next “unfunded” payment date. Generally, if
investment rates are anticipated to decrease over time, the Town is best served
by locking in most investments. If the interest rates are potentially rising, then
investing in shorter and larger amounts may provide advantage. At no time shall
the debt service schedule be exceeded in an attempt to bolster yield.
f. Yield - Attaining a competitive market yield for comparable security-types and
portfolio restrictions is the desired objective. The yield of an equally weighted,
rolling three-month Treasury-Bill portfolio shall be the minimum yield
objective.
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Appendix “A”
Glossary of Cash Management Terms
Accretion – Common investment accounting entry in which the book value of securities purchased
at a discount are gradually written up to the par value. The process has the effect of recording the
discount as income over time.
Accrued Interest – Interest earned, but not yet paid, on an investment.
Active Management – (also called active investing) refers to a portfolio management strategy
where the manager makes specific investments with the goal to time the investment based on
market conditions, monitor the volatility (or risk), and allow for parameters for liquidity. This
will be performed by projecting cash flows to determine liquidity needs and actively monitoring
market conditions for advantageous risk/return options.
Agency – See Federal Agency.
Amortization – Common investment accounting entry in which the book value of securities
purchased at a premium are gradually written down to the par value. The process has the effect of
recording the premium as a reduction to income over time.
Arbitrage – Dealing simultaneously in two markets to take advantage of temporary price
distortions at minimal risk. Also related to IRS regulations governing tax-exempt debt proceeds.
Basis Point – A unit of measurement used in the valuation of fixed-income securities equal to
1/100 of 1 percent of yield; e.g., “1/4” of 1 percent is equal to 25 basis points.
Benchmark – Index used to compare risk and performance to a managed portfolio.
Bid – The indicated price at which a buyer is willing to purchase a security or commodity.
Book Value – The original acquisition cost of an investment plus or minus the accrued accretion
or amortization.
Broker – A financial firm that brings securities buyers and sellers together in return for a fee. The
term “broker” is often used interchangeably with “dealer” to refer to a seller of investment
securities.
Callable Bond – A bond issue in which all or part of its outstanding principal amount may be
redeemed before maturity by the issuer under specified conditions.
Cash Settlement – A transaction which calls for delivery and payment of securities on the same
day that the transaction is initiated.
Collateralization – Process by which a borrower pledges securities, property, or other
obligations for the purpose of securing the repayment of a loan, deposit and/or security.
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Collateralized Mortgage Obligation (CMO) – A derivative mortgage-backed security (MBS)
created from pools of home mortgage loans. A single MBS is divided into multiple classes, each
class containing unique risk profile and security characteristics. A number of CMO classes are
expressly prohibited by Texas State law. Also know as a Real Estate Mortgage Conduit (REMIC).
Commercial Paper – An unsecured short-term promissory note issued by corporations, with
maturities ranging from 1 to 366 days. Commercial paper must carry a minimum rating of A1/P1
in order to be eligible under the Texas Public Funds Investment Act.
Constant Maturity Treasury (CMT) – A calculated average released by the Federal Reserve of
all Treasury yields along a specific maturity point. This calculation is frequently used as a
benchmark for conservative government portfolios.
Coupon Rate – The annual rate of interest received by an investor from the issuer of certain types
of fixed-income securities. Also known as the “interest rate.”
Credit Risk – The risk to an investor that an issuer will default in the payment of interest and/or
principal on a security.
Derivative – Financial instruments whose value is derived from the movement of an underlying
index or security.
Dealer – A dealer, as opposed to a broker, sets as a principal in all securities transactions, buying
and selling for their own account. Often times, the terms “broker” and “dealer” are used
interchangeably to refer to a seller of investments securities.
Delivery Versus Payment (DVP) – A type of securities transaction in which the purchaser pays
for securities at the time of delivery either to the purchaser or his/her security
clearance/safekeeping agent.
Derivative Security – Financial instrument created from, or whose value depends upon, one or
more underlying assets or indices of asset values.
Discount – The amount by which the par value of a security exceeds the price paid for the security.
Diversification – A process of investing assets among a range of investment types by sector,
maturity, and quality rating.
Dollar Weighted Average Maturity (WAM) – The average maturity of all the investments
that comprise a portfolio weighted by the dollar value of each investment.
Fair Market Rate – A documented and verifiable rate of interest which approximates the average
rate which could have been earned on similar investments at the time of the transaction.
Federal Agency – A sub-division of the Federal Government.
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Federal Deposit Insurance Corporation (FDIC) – A federal agency that insures bank deposits,
currently up to $250,000 per account. Texas Public Funds deposits that exceed this amount must
be properly collateralized.
Financial Industry Regulatory Authority (FINRA) - the successor to the National Association
of Securities Dealers, Inc. (NASD). FINRA is a private corporation that focuses on regulatory
oversight of all securities firms that do business with the public; professional training, testing and
licensing of registered persons; arbitration and mediation; market regulation by contract for the
New York Stock Exchange, the NASDAQ Stock Market, Inc., the American Stock Exchange LLC,
and the International Securities Exchange.
Interest Rate – See “Coupon Rate.”
Internal Controls – An internal control structure designed to ensure that the assets of the entity
are protected from loss, theft, or misuse. The internal control structure is designed to provide
reasonable assurance that these objectives are met.
Interlocal Cooperation Act – Law permitting joint participation by local governments providing
one or more government functions within the State. This law [Section 891.001 et seq. of the Texas
Government Code (the “Act”)] has allowed for the creation of investment pools in Texas.
Investment Advisers Act of 1940 – Law which requires all Investment Advisers to be registered
with the SEC or State-specific regulatory agency in order to protect the public from fraud.
Investment Policy – A concise and clear statement of the objectives and parameters formulated
by an investor or investment manager for a portfolio of investment securities. The Texas Public
Funds Investment Act requires that public entities have a written and approved investment policy.
Investment Pool – An entity created under the Interlocal Cooperation Act to invest public funds
jointly on behalf of the entities that participate in the pool.
Liquidity – A liquid investment is one that can be easily and quickly converted to cash without
substantial loss of value. Investment pools, financial institution deposits and money market funds,
which allow for same day withdrawal of cash, are considered extremely liquid.
Local Government Investment Pool (LGIP) – An investment by local governments in which
their money is pooled as a method for managing local funds.
Market Risk - The risk that the value of an investment will rise or decline as a result of changes
in market conditions.
Market Value – An investment’s par amount multiplied by its market price.
Maturity – The date on which payment of a financial obligation is due. The final stated maturity
is the date on which the issuer must retire a debt and pay the face value to the debtholder.
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Money Market Mutual Fund – Mutual funds that invest in accordance with SEC regulations
and guidelines.
Mortgage-Backed Security (MBS) – Security backed by pools of mortgages.
Net Asset Value (NAV) – The value of a mutual fund or investment pool at the end of the business
day. NAV is calculated by adding the market value of all investments in a fund or pool, deducting
expenses, and dividing by the number of shares in the fund or pool.
Offer – An indicated price at which market participants are willing to sell a security. Also referred
to as the “Ask Price.”
Par Value – Face value or principal value of a bond, typically $1,000 per bond. A security’s par
value is multiplied by its coupon rate to determine coupon payment amount.
Passive Management – Involves the creation of a portfolio allocation that is the same as a specific
index to generate a return that is the same as the chosen index instead of outperforming it
Premium – The amount by which the price paid for a security exceeds the security’s par value.
Primary Government Securities Dealer (Primary Dealer) – Large government securities
dealers who are required to submit daily reports of market activity and monthly financial
statements to the New York Federal Reserve Bank. Primary Dealers are required to
continually “make a market” in Treasury securities, buying or selling when asked, thereby
creating a liquid secondary market for US debt obligations.
Principal – The face value or par value of a debt instrument. Also may refer to the amount of
capital invested in a given investment.
Prudent Investor Rule – Refers to an investment principle in the Public Funds Investment Act
outlining the fiduciary responsibilities of Investment Officers.
Repurchase Agreement (repo or RP) – An agreement of one party to sell securities at a specified
price to a second party and a simultaneous agreement of the first party to repurchase the securities
at a specified price or at a specified later date.
Reverse Repurchase Agreement (Reverse Repo) – An agreement of one party to purchase
securities at a specified price from a second party and a simultaneous agreement by the first party
to resell the securities at a specified price to the second party on demand or at a specified date.
Safekeeping – Holding of assets (e.g., securities) by a financial institution on behalf of a client.
Total Return – The sum of all investment income plus changes in the market value of the portfolio.
For mutual funds, return on an investment is composed of share price appreciation plus any
realized dividends or capital gains. This is calculated by taking the following components during
a certain time period: (Price Appreciation) + (Dividends Paid) + (Capital Gains) = (Total Return).
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Treasury Bills – Short term U.S. government non-interest bearing, debt securities with maturities
of one year or shorter . T -Bills pay interest only at maturity. The interest is equal to the face
value minus the purchase price.
Treasury Notes – Intermediate U.S. government debt securities with maturities of one to 10 years.
Treasury notes, or T-notes, are generally issued in terms of 2, 3, 5, 7, and 10 years, and pay interest
every six months until they mature.
Uniform Net Capital Rule – SEC Rule 15C3-1 outlining capital requirements for brokers/dealers.
Volatility – A degree of fluctuation in the price or valuation of securities.
Yield – The current rate of return on an investment generally expressed as an annual percentage.
Yield-to-Call (YTC) – The rate of return an investor earns from a bond assuming the bond is
redeemed (called) prior to its nominal maturity date.
Yield Curve – A graphic representation that depicts the relationship at a given point in time
between yields and maturity for bonds that are identical in every way except maturity. A normal
yield curve may be alternatively referred to as a positive yield curve.
Yield-to-Maturity – The rate of return yielded by an investment held to maturity when both
interest payments and the investor’s purchase price discount or premium are included in the
calculation of return.
Zero-coupon Securities – Security that is issued at a discount and makes no periodic interest
payments. The rate of return consists of a gradual accretion of the principal of the security and is
payable at par upon maturity.
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Item 9.
Resolution No. 2023-XX, Page 29
Appendix “B”
Town of Prosper Authorized Broker/Dealer List
FHN Financial
Great Pacific Securities
Hilltop Securities, Inc.
Multi-Bank Securities, Inc.
Oppenheimer & Co., Inc.
SAMCO Capital Markets
Wells Fargo Securities
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Resolution No. 2023-XX, Page 3
TOWN OF PROSPER, TEXAS
and
PROSPER ECONOMIC DEVELOPMENT CORPORATION
INVESTMENT POLICY
November 14, 2023
Exhibit “A”
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Resolution No. 2023-XX, Page 4
APPENDIX “B” – TOWN OF PROSPER AUTHORIZED BROKER/DEALER LIST
APPENDIX “C” – RESOLUTION FOR ADOPTION OF INVESTMENT POLICY
APPENDIX “D” – PUBLIC FUNDS INVESTMENT ACT
INVESTMENT POLICY
Table of Contents
PREFACE
5
I. PURPOSE
6-7
A. FORMAL ADOPTION
6
B. SCOPE 6
C. REVIEW AND AMENDMENT 7
D. INVESTMENT STRATEGY 7
II. INVESTMENT OBJECTIVES 7-8
A. SAFETY OF PRINCIPAL
7
B. MAINTENANCE OF ADEQUATE LIQUIDITY 7
C. PUBLIC TRUST 7
D. YIELD 8
III. INVESTMENT POLICIES 8-20
A. AUTHORIZED INVESTMENTS
8
B. PROTECTION OF PRINCIPAL 13
C. INVESTMENT ADVISERS AND SECURITIES DEALERS 16
D. RESPONSIBILITY AND CONTROL 17
IV. INVESTMENT STRATEGY STATEMENT 19-23
A. GENERAL, ENTERPRISE, AND OPERATING-TYPE FUNDS
B. CAPITAL PROJECT AND SPECIAL PURPOSE FUNDS
C. DEBT SERVICE FUNDS
20
21
22
APPENDIX “A” – GLOSSARY OF TERMS 24-28
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Resolution No. 2023-XX, Page 5
PREFACE
The Town of Prosper and the Prosper Economic Development Corporation are separately
chartered, governed, and operated entities. Each ENTITY adheres to its own governing documents
and the Public Funds Investment Act. Each ENTITY additionally seeks to safely and effectively
manage the funds under its control. To achieve those requirements, the governing body of each
ENTITY has legally adopted this Investment Policy.
Throughout this Investment Policy, the two entities shall be singularly referred to as “ENTITY”
and collectively referred to as “PROSPER.”
It is the policy of PROSPER that, giving due regard to the safety and risk of investment, all
available funds shall be invested in conformance with State and Federal Regulations, applicable
Bond Resolution requirements, adopted Investment Policy and adopted Investment Strategy.
Effective cash management is recognized as essential to good fiscal management. A
comprehensive and effective cash management system will be pursued to optimize investment
interest earnings as viable and material revenue to all PROSPER funds. PROSPER’s portfolio
shall be designed and managed in a manner responsive to the public trust and consistent with all
Federal regulations, State of Texas statutes and other legal requirements, including the Town
Charter, Town Ordinances, Articles of Incorporation, and this Policy.
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I. PURPOSE
A. Formal Adoption
This Investment Policy is authorized by PROSPER in accordance with Chapter 2256,
Texas Government Code, the Public Funds Investment Act, herein referred to as
“PFIA”.
B. Scope
This Investment Policy applies to all of the investment activities of PROSPER. These
funds are accounted for in the Town’s Annual Comprehensive Financial Report
(ACFR) and include:
General Fund
Debt Service Funds
Special Revenue Funds
Capital Project Funds
Enterprise Funds
Internal Service Funds
Economic Development Corporation Funds
Any new fund created by the Town
The Town of Prosper may consolidate cash balances from multiple funds to maximize
investment earnings. Investment income will be allocated to the various funds based
on their respective participation and in accordance with generally accepted accounting
principles.
This Policy establishes guidelines for:
1. Who can invest PROSPER funds,
2. How PROSPER funds will be invested, and
3. When and how a periodic review of investments will be made.
In addition to this Policy, bond funds (as defined by the Internal Revenue Service) shall
be managed in accordance with their issuing documentation and all applicable State
and Federal Law.
All investments made with PROSPER funds prior to the adoption of this Investment
Policy shall be held or liquidated as determined to be in the best interest of the financial
well being of PROSPER. PROSPER will also monitor changes in the credit ratings of
its investments quarterly using a number of resources including rating agencies,
broker/dealers or financial publications. PROSPER shall take all prudent measures that
are consistent with its investment policy to liquidate an investment that does not have
the minimum rating.
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Resolution No. 2023-XX, Page 7
C. Review and Amendment
This Policy shall be reviewed annually by the ENTITY’s governing body. The
ENTITY’s governing body shall adopt a written document stating that it has reviewed
and recorded any changes made to the Investment Policy.
D. Investment Strategy
In conjunction with the annual Policy review, the ENTITY’s governing body shall
review the separate written Investment Strategy for each of PROSPER’s funds. The
Investment Strategy must describe the investment objectives for each particular fund
according to the following priorities:
1. Investment suitability,
2. Preservation and safety of principal,
3. Liquidity,
4. Marketability prior to maturity of each investment,
5. Diversification, and
6. Yield.
II. INVESTMENT OBJECTIVES
A. Safety of Principal
The primary objective of all investment activity is the preservation of capital and the
safety of principal in the overall portfolio. Each investment transaction shall seek to
ensure first that capital losses are avoided, whether they are from securities defaults or
erosion of the market value.
B. Maintenance of Adequate Liquidity
The investment portfolio will remain sufficiently liquid to meet the cash flow
requirements that might be reasonably anticipated. Liquidity shall be achieved by
matching investment maturities with forecasted cash flow requirements; investing in
securities with active secondary markets; and maintaining appropriate portfolio
diversification.
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C. Public Trust
All participants in the investment process will seek to act responsibly as custodians of
the public trust. Investment officials will avoid any transactions that might impair
public confidence in the Town’s ability to govern effectively. The governing body
recognizes that in a diversified portfolio, occasional measured losses due to market
volatility are inevitable, and must be considered within the context of the overall
portfolio’s investment return, provided that the adequate diversification has been
implemented and the terms of this policy have been followed.
D. Yield
The investment portfolio shall be designed with the objective of attaining a market rate
of return throughout budgetary and economic cycles, taking into account the
investment risk constraints and liquidity needs. Return on investment is of secondary
importance compared to the safety and liquidity objectives described above. Core
investments are limited to relatively low risk securities in anticipation of earning a fair
return relative to the risk being assumed.
III. INVESTMENT POLICIES
A. Authorized Investments
Investments described below are authorized by PFIA as eligible securities for
PROSPER. In the event an authorized investment loses its required minimum credit
rating, all prudent measures will be taken to liquidate said investment. Additionally,
PROSPER is not required to liquidate investments that were authorized at the time of
purchase in the event that subsequent legislation renders certain securities as no longer
authorized for purchase by the Town. PROSPER’s funds governed by this Policy may
be invested in:
1. Obligations of Governmental Entities (Section 2256.009). Except for the items
listed in 1.e. below, the following are authorized investments for obligations of
governmental agencies:
a. Obligations, including letters of credit, of the United States or its agencies and
instrumentalities, including the Federal Home Loan Banks;
b. Direct obligations of the State of Texas or its agencies and instrumentalities;
c. Other obligations, the principal and interest of which are unconditionally
guaranteed or insured by, or backed by the full faith and credit of, the State of
Texas or the United States or their respective agencies and instrumentalities,
including obligations that are fully guaranteed or insured by the Federal Deposit
Insurance Corporation or by the explicit full faith and credit of the United
States;
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d. Obligations of states, agencies, counties, cities, and other political subdivisions
of any State having been rated as to investment quality by a nationally
recognized investment rating firm and having received a rating of not less than
“A” or its equivalent;
e. The following are not authorized investments for PROSPER:
1. Obligations whose payments represent the coupon payments on the
outstanding principal balance of the underlying mortgage-backed security
collateral and pays no principal (Interest Only);
2. Obligations whose payments represent the principal stream of cash flow
from the underlying mortgage-backed security collateral and bear no
interest (Principal Only);
3. Collateralized mortgage obligations that have a stated final maturity date of
greater than 10 years; and
4. Collateralized mortgage obligations the interest rate of which is
determined by an index that adjusts opposite to the changes in a market
index (Inverse Floater).
2. Financial Institution Deposits (Section 2256.010).
a. Certificates of deposit, share certificates, or other forms of deposit provided
the deposit is issued by a depository institution that has its main office or a
branch office in Texas that is:
1. Guaranteed or insured by the Federal Deposit Insurance Corporation or its
successor or the National Credit Union Share Insurance Fund or its
successor; or
2. Secured by obligations that are described by 1. (Obligations of
Governmental Entities) above, which are intended to include all direct
Federal agency or instrumentality issued mortgage backed securities, but
excluding those mortgage-backed securities of the nature described in
1.e. above, that have a market value of not less than the uninsured amount
of the deposit; or
3. Secured in any other manner and amount provided by the law for deposits
of PROSPER.
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b. In addition to the authority to invest funds in certificates of deposit under
Subsection “a”, an investment in certificates of deposit made in accordance
with the following conditions is an authorized investment:
1. The funds are invested through:
(a) a broker that has its main office or a branch office in this state and is
selected from a list adopted by PROSPER as required by Section
2256.025; or
(b) a depository institution that has its main office or a branch office in this
state and that is selected by PROSPER;
2. The broker or the depository institution selected by PROSPER under
Subdivision (1) arranges for the deposit of the funds in certificates of deposit
in one or more federally insured depository institutions, wherever located,
for the account of PROSPER;
3. The full amount of the principal and accrued interest of each of the
certificates of deposit is insured by the United States or an instrumentality
of the United States; and
4. PROSPER appoints the depository institution selected by PROSPER
under Subdivision (1), an entity described by Section 2257.041(d), or a
clearing broker-dealer registered with the Securities and Exchange
Commission and operating pursuant to Securities and Exchange
Commission Rule 15c3-3 (17 C.F.R. Section 240.15c3-3) as custodian for
PROSPER with respect to the certificates of deposit issued for the account
of PROSPER.
3. Mutual Funds (2256.014).
a. A no-load money market mutual fund is an authorized investment under this
subchapter if the mutual fund:
1. Is registered with and regulated by the Securities and Exchange Commission;
2. Provides PROSPER with a prospectus and other information required by
the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the
Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.); and
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Resolution No. 2023-XX, Page 11
3. Includes in its investment objectives the maintenance of a stable net asset
value of $1.0000 for each share.
b. In addition to a no-load money market mutual fund permitted as an authorized
investment in Subsection (a), a no-load mutual fund is an authorized investment
under this subchapter if the mutual fund:
1. Is registered with the Securities and Exchange Commission;
2. Has an average weighted maturity of less than two years;
3. Either:
(a) Has a duration of one year or more and is invested exclusively in
obligations approved by this subchapter; or
(b) Has a duration of less than one year and the investment portfolio is
limited to investment grade securities, excluding asset-backed securities.
c. PROSPER is not authorized by this section to:
1. Invest in the aggregate more than 15 percent of its monthly average fund
balance, excluding bond proceeds and reserves and other funds held for debt
service, in mutual funds described in Subsection (b);
2. Invest any portion of bond proceeds, reserves and funds held for debt service,
in mutual funds described in Subsection (b); or
3. Invest its funds or funds under its control, including bond proceeds and
reserves and other funds held for debt service, in any one mutual fund
described in Subsection (a) or (b) in an amount that exceeds 10 percent of
the total assets of the mutual fund.
4. Local Government Investment Pools (2256.016). Eligible investment pools
organized and operating in compliance with PFIA described in section 2256.016
and 2256.019, have been authorized by the Town’s Council, whose investment
philosophy and strategy include seeking to maintain a stable net asset value of
$1.00 per share, and are consistent with this Policy and PROSPER’s ongoing
investment strategy.
5. Commercial Paper (2256.013). Commercial paper is an authorized investment
under this policy if the commercial paper:
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Resolution No. 2023-XX, Page 12
a. Has a stated maturity of 365 days or fewer from the date of its issuance; and
b. Is rated not less than A-1 or P-1 or an equivalent rating by at least:
1. two nationally recognized credit rating agencies; or
2. one nationally recognized credit rating agency and is fully secured by an
irrevocable letter of credit issued by a bank organized and existing under
the laws of the United States or any state.
6. Repurchase Agreements (2256.011). Repurchase agreements arranged in
compliance with PFIA, under the terms of an executed Repurchase Agreement, and
secured in accordance with this Policy.
a. A fully collateralized repurchase agreement is an authorized investment under
PFIA, Subchapter A, if the repurchase agreement:
1. has a defined termination date;
2. is secured by a combination of cash and obligations described by PFIA,
section 2256.009(a)(1); and
3. requires the securities being purchased by the Town to be pledged to the
Town, held in the Town’s name, and deposited at the time the investment is
made with the Town or with the third-party selected and approved by the
Town; and
4. is placed through a primary government securities dealer, as defined by the
Federal Reserve, or a financial institution doing business in Texas.
b. In this section, “repurchase agreement” means a simultaneous agreement to
buy, hold for a specific time, and sell back, at a future date, obligations
described by Section 2256.009(a)(1), at market value at the time the funds are
disbursed of not less than the principal amount of the funds disbursed. The
term includes a direct security repurchase agreement and a reverse Security
repurchase agreement.
c. Notwithstanding any other law, the term of any reverse security repurchase
agreement may not exceed 90 days after the date the reverse security
repurchase agreement is delivered.
d. Money received by PROSPER under the terms of a reverse security repurchase
agreement shall be used to acquire additional authorized investments, but the
term of the authorized investments acquired must mature not later than the
expiration date stated in the reverse security repurchase agreement.
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7. Guaranteed Investment Contracts (2256.015).
a. A guaranteed investment contract is an authorized investment for bond proceeds
under this subchapter if the guaranteed investment contract:
1. Has a defined termination date;
2. Is secured by obligations described by Section 2256.009(a)(1), excluding
those obligations described by Section 2256.009(b), in an amount at least
equal to the amount of bond proceeds invested under the contract; and
3. Is pledged to PROSPER and deposited with the Town or with a third party
selected and approved by the Town.
b. Bond proceeds, other than bond proceeds representing reserves and funds
maintained for debt service purposes, may not be invested under this subchapter
in a guaranteed investment contract with a term of longer than five years from
the date of issuance of the bonds.
c. To be eligible as an authorized investment:
1. The governing body of the Town must specifically authorize guaranteed
investment contracts as an eligible investment in the order, ordinance, or
resolution authorizing the issuance of bonds;
2. The Town must receive bids from at least three separate providers with no
material financial interest in the bonds from which proceeds were received;
3. The Town must purchase the highest yielding guaranteed investment
contract for which a qualifying bid is received;
4. The price of the guaranteed investment contract must take into account the
reasonably expected drawdown schedule for the bond proceeds to be
invested; and
5. The provider must certify the administrative costs reasonably expected to
be paid to third parties in connection with the guaranteed investment
contract.
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B. Protection of Principal
PROSPER shall seek to control the risk of loss due to failure of a security issuer or
grantor. Such risk shall be controlled by investing only in the safest types of securities
as defined in the Policy; by collateralization as required by law; and through portfolio
diversification by maturity and type.
The purchase of individual securities shall be executed “Delivery versus Payment”
(DVP) through PROSPER’s Safekeeping Agent. By so doing, PROSPER’s funds are
not released until PROSPER has received, through the Safekeeping Agent, the
securities purchased.
1. Diversification by Investment Type
Diversification by investment type shall be maintained by ensuring an active and
efficient secondary market in portfolio investments and by controlling the market
and opportunity risks associated with specific investment types.
Bond proceeds may be invested in a single security or investment if PROSPER
determines that such an investment is necessary to comply with Federal arbitrage
restrictions or to facilitate arbitrage record keeping and calculation.
2. Diversification by Investment Maturity
In order to minimize risk of loss due to interest rate fluctuations, investment
maturities will not exceed the anticipated cash flow requirements of the funds.
Generally, PROSPER will not directly invest in securities maturing more than five
years from the date of purchase.
Maturity guidelines by fund type are discussed in Section IV, Investment Strategy
Statement.
3. Ensuring Liquidity
Liquidity shall be achieved by anticipating cash flow requirements, by investing in
securities with active secondary markets and by investing in eligible financial
institution deposit accounts, money market mutual funds, and local government
investment pools.
A security may be liquidated to meet unanticipated cash requirements, to redeploy
cash into other investments expected to outperform current holdings, or otherwise
to adjust the portfolio.
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4. Depository Agreements
Consistent with the requirements of State Law, PROSPER requires all bank
deposits to be federally insured or collateralized with eligible securities. Financial
institutions serving as PROSPER’s Depositories will be required to sign a
Depository Agreement with PROSPER and PROSPER’s safekeeping agent. The
safekeeping portion of the Agreement shall define PROSPER’s rights to the
collateral in case of default, bankruptcy, or closing and shall establish a perfected
security interest in compliance with Federal and State regulations, including:
The Agreement must be in writing;
The Agreement must be executed by the Depository and PROSPER
contemporaneously with the acquisition of the asset;
The Agreement must be approved by the Board of Directors or the designated
committee of the Depository and a copy of the meeting minutes must be
delivered to PROSPER;
The Agreement must be part of the Depository’s “official record” continuously
since its execution.
a. Allowable Collateral
Eligible securities for collateralization of PROSPER deposits are defined by
Chapter 2257, Texas Government Code, the Public Funds Collateral Act, as
amended and meet the constraints of this Section III. A. 2.
b. Collateral Levels
The market value of pledged collateral must at all times be equal to or greater
than 105% of the principal and accrued interest for PROSPER balances, less
the applicable level of FDIC insurance.
Letters of Credit shall at all times be equal to or greater than 100% of the total
value of the deposits and accrued interest for PROSPER balances, less the
applicable level of FDIC insurance. Non-renewable Letters of Credit shall
expire not less than two business days after the anticipated deposit withdrawal.
c. Monitoring Collateral Adequacy
PROSPER shall require monthly reports of pledged securities marked to market
using quotes by a recognized market pricing service quoted on the valuation
date from all financial institutions with which PROSPER has collateralized
deposits. Additionally, a monthly collateral report shall be provided by the
custodian for verification of the pledged securities. The Investment Officers
will monitor adequacy of collateralization levels to verify market values and
total collateral positions.
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d. Additional Collateral
If the collateral pledged for a deposit falls below adequate levels, as defined
above in Section 4.b., the institution holding the deposit will be notified by the
Investment Officers and will be required to pledge additional securities no later
than the end of the next succeeding business day.
e. Security Substitution
Collateralized deposits often require substitution of securities. Any financial
institution requesting substitution must contact an Investment Officer for
approval and settlement. The substituted security’s value will be calculated and
substitution approved if the substitution maintains a pledged value equal to or
greater than the required security level. An Investment Officer must provide
written notification of the decision to the bank or the safekeeping agent holding
the security prior to any security release. Substitution is allowable for all
transactions, but should be limited, if possible, to minimize potential
administrative problems and transfer expense. The Investment Officers may
limit substitution and assess appropriate fees if substitution becomes excessive
or abusive.
5. Safekeeping
a. Safekeeping Agreement
PROSPER shall contract with a bank or banks for the safekeeping of securities
either owned by PROSPER as a part of its investment portfolio or as a part of
its depository agreements.
b. Safekeeping of Deposit Collateral
All marketable security collateral securing bank deposits must be held by a
third-party custodian eligible under the Public Funds Collateral Act, and
acceptable to PROSPER, or by a Federal Reserve Bank.
C. Investment Advisers and Securities Dealers
Investment Advisers shall adhere to the spirit, philosophy and specific terms of this
Policy and shall invest within the same “Standard of Care” as defined in Section E. 3.
Below. Securities Dealers shall avoid recommending or suggesting transactions
outside that “Standard of Care.”
1. Selection of Investment Advisers
The selection of Investment Advisers will be performed by the Investment Officers.
The Investment Officers will establish criteria to evaluate Investment Advisers
including:
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a. Adherence to PROSPER’s policies and strategies,
b. Investment performance and transaction pricing within accepted risk
constraints,
c. Responsiveness to PROSPER’s request for services, information and open
communication,
d. Understanding of the inherent fiduciary responsibility of investing public funds,
and
e. Similarity in philosophy and strategy with PROSPER’s objectives.
Selected Investment Advisers must be registered under the Investment Advisers
Act of 1940 or with the State Securities Board. A contract with an Investment
Adviser may not be for a term longer than two years and any contract, renewal or
extension must be approved by Town Council.
2. Selection of Authorized Securities Dealers
The ENTITY’s governing body shall, at least annually, review, revise, and adopt
a list of qualified broker/dealers (Appendix B) that are authorized to engage in
investment transactions with the ENTITY.
a. Eligibility
Authorized firms may include primary dealers or regional dealers that qualify
under Securities & Exchange Commission Rule 15C3-1 (Uniform Net Capital
Rule), and qualified depositories.
b. Competitive Environment
It is the policy of PROSPER to require a competitive environment for all
investment activities. Individual investment quotes will be solicited orally, in
writing, electronically, or any combination of these methods.
3. Policy Certification
All local government investment pools and discretionary investment
management firms (business organizations) offering to engage in an investment
transaction with PROSPER will be required to acknowledge in writing that the
firm has received and reviewed PROSPER’s Investment Policy. This
Certification also acknowledges that the business organization has implemented
reasonable procedures and controls in an effort to preclude investment
transactions conducted between PROSPER and the organization that are not
authorized by PROSPER’s investment policy, except to the extent that this
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Resolution No. 2023-XX, Page 18
authorization is dependent on an analysis of the makeup of PROSPER’s entire
portfolio, requires an interpretation of subjective investment standards, or relates
to investment transactions of PROSPER that are not made through accounts or
other contractual arrangements over which the business organization has
accepted discretionary investment authority, as required by PFIA.
D. Responsibility and Control
1. Authority to Invest
The Town Manager, Deputy Town Manager, Finance Director, and Assistant
Finance Director are the “Investment Officers” of the Town of Prosper. The
PEDC Treasurer, Deputy Town Manager, and the Finance Director are the
“Investment Officers” of the PEDC. The Investment Officers are authorized to
deposit, withdraw, invest, transfer, execute documentation, and otherwise manage
PROSPER’s funds according to this Policy. The Investment Officers may authorize
one or more Investment Officers to deposit, withdraw or transfer funds out of or
into an investment pool or money market mutual fund in order to meet daily
operating needs of PROSPER in compliance with the established Internal Controls.
2. Prudent Investment Management
The designated Investment Officers shall perform their duties in accordance with
the adopted Investment Policy and internal procedures. In determining whether an
Investment Officer has exercised prudence with respect to an investment decision,
the investment of all funds over which the Investment Officer had responsibility,
rather than the prudence of a single investment shall be considered.
Investment Officers acting in good faith and in accordance with these policies and
procedures shall be relieved of personal liability.
3. Standard of Care
The standard of care used by PROSPER shall be that as defined in PFIA, Section
2256.006. It states:
“Investments shall be made with judgment and care, under prevailing
circumstances, that a person of prudence, discretion and intelligence would exercise
in the management of the person’s own affairs, not for speculation, but for
investment, considering the probable safety of capital and the probable income to
be derived.”
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Resolution No. 2023-XX, Page 19
4. Standards of Ethics
The designated Investment Officers shall act as custodians of the public trust
avoiding any transactions which might involve a conflict of interest, the appearance
of a conflict of interest, or any activity which might otherwise discourage public
confidence. Investment Officers shall refrain from personal business activity that
could conflict with proper execution of the investment program, or which could
impair their ability to make impartial investment decisions. Additionally, all
Investment Officers shall file with the Texas Ethics Commission and the ENTITY’s
governing body a statement disclosing any personal business relationship with a
business organization seeking to sell investments to PROSPER or any relationship
within the second degree by affinity or consanguinity to an individual seeking to
sell investments to PROSPER. For purposes of this subsection, an Investment
Officer has a personal business relationship with business organization if:
a. The Investment Officer owns 10 percent or more of the voting stock or shares
of the business organization or owns $5,000 or more of the fair market value of
the business organization;
b. Funds received by the Investment Officer from the business organization
exceed 10 percent of the Investment Officer’s gross income for the previous
year; or
c. The Investment Officer has acquired from the business organization during the
previous year investments with a book value of $2,500 or more for the personal
account of the Investment Officer.
5. Establishment of Internal Controls
PROSPER’s Investment Officers will maintain a system of internal controls over
the investment activities of PROSPER.
6. Reporting
Investment performance will be monitored and evaluated by the Investment
Officers. The weighted average yield to maturity will be the standard for calculating
portfolio rate of return. The Investment Officers will provide a quarterly
comprehensive report signed by all Investment Officers to the ENTITY’s
governing body. This investment report shall:
a. Describe in detail the investment position of PROSPER,
b. Contain a summary statement, prepared in compliance with generally accepted
accounting principles, of each pooled fund group that states the:
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Resolution No. 2023-XX, Page 20
1. beginning market value of the reporting period;
2. ending market value for the period; and
3. fully accrued interest for the reporting period;
c. State the book value and market value of each separately invested asset at the
end of the reporting period by the type of asset and fund type invested;
d. State the maturity date of each separately invested asset that has a maturity date;
e. State the account or fund or pooled group fund for which each individual
investment was acquired; and
f. State the compliance of the investment portfolio with PROSPER’s Investment
Policy, strategy, and PFIA.
In defining market value, sources independent of the investment provider will
determine valuations and consideration will be given to GASB Statement No. 31.
PROSPER, in conjunction with its annual financial audit, shall perform a
compliance audit of the management controls on investments and adherence to
PROSPER’s Investment Policy. If PROSPER invests in other than money market
mutual funds, investment pools or accounts offered by its depository bank in the
form of certificates of deposits, or money market accounts or similar accounts, the
reports prepared by the Investment Officers shall be formally reviewed at least
annually by an independent auditor, and the result of the review shall be reported
to the ENTITY’s governing body by that auditor.
7. Training
In order to ensure the quality and capability of PROSPER’s investment personnel
making investment decisions, PROSPER shall provide periodic training in
investments for the investment personnel through courses and seminars offered by
approved independent training sources, including: the Government Finance
Officers Association (GFOA), Government Finance Officers Association of Texas
(GFOAT), Government Treasurers’ Organization of Texas (GTOT), Texas
Municipal League (TML), North Central Texas Council of Governments
(NCTCOG), International City/County Management Association (ICMA), Texas
Society of Certified Public Accountants (TSCPA), American Institute of Certified
Public Accountants (AICPA), and University of North Texas (UNT).
a. The Investment Officers shall:
1. attend at least 10 hours of training relating to the Investment Officers’
responsibilities within 12 months after taking office or assuming duties; and
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Resolution No. 2023-XX, Page 21
2. attend an investment training session not less than once in a two-year period
that begins on the first day of the Town’s fiscal year and consists of the two
consecutive fiscal years after that date and receive not less than 8 hours of
instruction relating to investment responsibilities under this subchapter.
b. Training under this section must include education in investment controls,
security risks, strategy risks, market risks, diversification of investment
portfolio and compliance with PFIA.
IV. INVESTMENT STRATEGY STATEMENT
The investment portfolio shall be designed with the objective of attaining a reasonable
market yield at all times, taking into account the investment risk constraints and liquidity
needs of the Town. Return on investment is of lesser importance compared to the safety and
liquidity objectives described in Section II. In order to minimize risk of loss due to interest
rate fluctuations, investment maturities will not exceed the anticipated cash flow
requirements of the fund. Investment guidelines by fund-type are as follows:
A. General, Enterprise, or Operating-type Funds
Operating funds shall have their primary objective to assure that anticipated cash
outflows are matched with the adequate investment liquidity. The secondary objective
is to create a portfolio structure that will experience minimal volatility during changing
economic cycles.
a. Suitability - Any investment eligible in the Investment Policy is suitable for
General, Enterprise, or Operating-type funds.
b. Safety of Principal - All investments shall be of high quality with no perceived
default risk. Market price fluctuations will occur. However, managing the
weighted average days to maturity of each fund’s portfolio to less than one year
and restricting the maximum allowable maturity to two years will minimize the
price volatility of the portfolio.
c. Liquidity - General, Enterprise, or Operating-type Funds require the greatest
short-term liquidity of any of the fund-types. Financial institution deposit
accounts, short-term investment pools and money market mutual funds will
provide daily liquidity and may be utilized as a competitive yield alternative to
fixed maturity investments.
d. Marketability - Securities with active and efficient secondary markets are
necessary in the event of an unanticipated cash flow requirement.
e. Diversification - Investment maturities should be staggered throughout the
budget cycle to provide cash flow based on the anticipated operating needs of
the Town. Diversifying the appropriate maturity structure up to the two-year
maximum will reduce interest rate risk.
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Resolution No. 2023-XX, Page 22
f. Yield - Attaining a competitive market yield for comparable security-types and
portfolio restrictions is the desired objective. The yield of an equally weighted,
rolling three-month Treasury-Bill portfolio will be the minimum yield objective.
B. Capital Project Funds and Special Purpose Funds
Capital project funds and special purpose funds shall have as their primary objective to
assure that anticipated cash outflows are matched with adequate investment liquidity.
The portfolios shall be invested based on cash flow estimates. Funds invested for capital
projects may be from bond proceeds that are subject to arbitrage rebate regulations.
a. Suitability - Any investment eligible in the Investment Policy is suitable for
Capital Projects Funds.
b. Safety of Principal - All investments will be of high quality with no perceived
default risk. Market price fluctuations will occur. However, by managing
Capital Projects Funds to not exceed the anticipated expenditure schedule, the
market risk of the overall portfolio will be minimized. No stated final investment
maturity shall exceed the shorter of the anticipated expenditure schedule or three
years.
c. Liquidity - Most capital projects programs have reasonably predictable draw
down schedules. Therefore, investment maturities should generally follow the
anticipated cash flow requirements. Financial institution deposit accounts, short
term investment pools and money market mutual funds will provide readily
available funds generally equal to one month’s anticipated cash flow needs, or a
competitive yield alternative for short-term fixed maturity investments. A
singular repurchase agreement may be utilized if disbursements are allowed in
the amount necessary to satisfy any expenditure request. This investment
structure is commonly referred to as a flexible repurchase agreement.
d. Marketability - Securities with active and efficient secondary markets are
necessary in the event of an unanticipated cash flow requirement.
e. Diversification - Market conditions and arbitrage regulations influence the
attractiveness of staggering the maturity of fixed rate investments for bond
proceeds. Generally, if investment rates exceed the applicable cost of borrowing,
the Town is best served by locking in most investments. If the cost of borrowing
cannot be exceeded, then current market conditions will determine the
attractiveness of diversifying maturities or investing in shorter and larger
amounts. At no time shall the anticipated expenditure schedule be exceeded in
an attempt to bolster yield.
f. Yield - Achieving a positive spread to the cost of borrowing is the desired
objective, within the limits of the Investment Policy’s risk constraints. The yield
of an equally weighted, rolling six-month Treasury-Bill portfolio will be the
minimum yield objective for non-borrowed funds.
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Resolution No. 2023-XX, Page 23
C. Debt Service Funds
Debt service funds shall have as the primary objective the assurance of investment
liquidity adequate to cover the debt service obligation on the required payment
date. Investments purchased shall not have a stated final maturity date which exceeds
the debt service payment date.
a. Suitability - Any investment eligible in the Investment Policy is suitable for
Debt Service Funds.
b. Safety of Principal - All investments shall be of high quality with no perceived
default risk. Market price fluctuations will occur. However, by managing Debt
Service Funds to not exceed the debt service payment schedule the market risk
of the overall portfolio will be minimized.
c. Liquidity - Debt Service Funds have predictable payment schedules. Therefore,
investment maturities should not exceed the anticipated cash flow requirements.
Financial institution deposit accounts, short term investments pools and money
market mutual funds may provide a competitive yield alternative for short-term
fixed maturity investments. A singular repurchase agreement may be utilized if
disbursements are allowed in the amount necessary to satisfy any debt service
payment. This investment structure is commonly referred to as a flexible
repurchase agreement.
d. Marketability - Securities with active and efficient secondary markets are not
necessary as the event of an unanticipated cash flow requirement is not probable.
e. Diversification - Market conditions influence the attractiveness of fully
extending maturity to the next “unfunded” payment date. Generally, if
investment rates are anticipated to decrease over time, the Town is best served
by locking in most investments. If the interest rates are potentially rising, then
investing in shorter and larger amounts may provide advantage. At no time shall
the debt service schedule be exceeded in an attempt to bolster yield.
f. Yield - Attaining a competitive market yield for comparable security-types and
portfolio restrictions is the desired objective. The yield of an equally weighted,
rolling three-month Treasury-Bill portfolio shall be the minimum yield
objective.
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Resolution No. 2023-XX, Page 24
Appendix “A”
Glossary of Cash Management Terms
Accretion – Common investment accounting entry in which the book value of securities purchased
at a discount are gradually written up to the par value. The process has the effect of recording the
discount as income over time.
Accrued Interest – Interest earned, but not yet paid, on an investment.
Active Management – (also called active investing) refers to a portfolio management strategy
where the manager makes specific investments with the goal to time the investment based on
market conditions, monitor the volatility (or risk), and allow for parameters for liquidity. This
will be performed by projecting cash flows to determine liquidity needs and actively monitoring
market conditions for advantageous risk/return options.
Agency – See Federal Agency.
Amortization – Common investment accounting entry in which the book value of securities
purchased at a premium are gradually written down to the par value. The process has the effect of
recording the premium as a reduction to income over time.
Arbitrage – Dealing simultaneously in two markets to take advantage of temporary price
distortions at minimal risk. Also related to IRS regulations governing tax-exempt debt proceeds.
Basis Point – A unit of measurement used in the valuation of fixed-income securities equal to
1/100 of 1 percent of yield; e.g., “1/4” of 1 percent is equal to 25 basis points.
Benchmark – Index used to compare risk and performance to a managed portfolio.
Bid – The indicated price at which a buyer is willing to purchase a security or commodity.
Book Value – The original acquisition cost of an investment plus or minus the accrued accretion
or amortization.
Broker – A financial firm that brings securities buyers and sellers together in return for a fee. The
term “broker” is often used interchangeably with “dealer” to refer to a seller of investment
securities.
Callable Bond – A bond issue in which all or part of its outstanding principal amount may be
redeemed before maturity by the issuer under specified conditions.
Cash Settlement – A transaction which calls for delivery and payment of securities on the same
day that the transaction is initiated.
Collateralization – Process by which a borrower pledges securities, property, or other
obligations for the purpose of securing the repayment of a loan, deposit and/or security.
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Item 9.
Resolution No. 2023-XX, Page 25
Collateralized Mortgage Obligation (CMO) – A derivative mortgage-backed security (MBS)
created from pools of home mortgage loans. A single MBS is divided into multiple classes, each
class containing unique risk profile and security characteristics. A number of CMO classes are
expressly prohibited by Texas State law. Also know as a Real Estate Mortgage Conduit (REMIC).
Commercial Paper – An unsecured short-term promissory note issued by corporations, with
maturities ranging from 1 to 366 days. Commercial paper must carry a minimum rating of A1/P1
in order to be eligible under the Texas Public Funds Investment Act.
Constant Maturity Treasury (CMT) – A calculated average released by the Federal Reserve of
all Treasury yields along a specific maturity point. This calculation is frequently used as a
benchmark for conservative government portfolios.
Coupon Rate – The annual rate of interest received by an investor from the issuer of certain types
of fixed-income securities. Also known as the “interest rate.”
Credit Risk – The risk to an investor that an issuer will default in the payment of interest and/or
principal on a security.
Derivative – Financial instruments whose value is derived from the movement of an underlying
index or security.
Dealer – A dealer, as opposed to a broker, sets as a principal in all securities transactions, buying
and selling for their own account. Often times, the terms “broker” and “dealer” are used
interchangeably to refer to a seller of investments securities.
Delivery Versus Payment (DVP) – A type of securities transaction in which the purchaser pays
for securities at the time of delivery either to the purchaser or his/her security
clearance/safekeeping agent.
Derivative Security – Financial instrument created from, or whose value depends upon, one or
more underlying assets or indices of asset values.
Discount – The amount by which the par value of a security exceeds the price paid for the security.
Diversification – A process of investing assets among a range of investment types by sector,
maturity, and quality rating.
Dollar Weighted Average Maturity (WAM) – The average maturity of all the investments
that comprise a portfolio weighted by the dollar value of each investment.
Fair Market Rate – A documented and verifiable rate of interest which approximates the average
rate which could have been earned on similar investments at the time of the transaction.
Federal Agency – A sub-division of the Federal Government.
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Resolution No. 2023-XX, Page 26
Federal Deposit Insurance Corporation (FDIC) – A federal agency that insures bank deposits,
currently up to $250,000 per account. Texas Public Funds deposits that exceed this amount must
be properly collateralized.
Financial Industry Regulatory Authority (FINRA) - the successor to the National Association
of Securities Dealers, Inc. (NASD). FINRA is a private corporation that focuses on regulatory
oversight of all securities firms that do business with the public; professional training, testing and
licensing of registered persons; arbitration and mediation; market regulation by contract for the
New York Stock Exchange, the NASDAQ Stock Market, Inc., the American Stock Exchange LLC,
and the International Securities Exchange.
Interest Rate – See “Coupon Rate.”
Internal Controls – An internal control structure designed to ensure that the assets of the entity
are protected from loss, theft, or misuse. The internal control structure is designed to provide
reasonable assurance that these objectives are met.
Interlocal Cooperation Act – Law permitting joint participation by local governments providing
one or more government functions within the State. This law [Section 891.001 et seq. of the Texas
Government Code (the “Act”)] has allowed for the creation of investment pools in Texas.
Investment Advisers Act of 1940 – Law which requires all Investment Advisers to be registered
with the SEC or State-specific regulatory agency in order to protect the public from fraud.
Investment Policy – A concise and clear statement of the objectives and parameters formulated
by an investor or investment manager for a portfolio of investment securities. The Texas Public
Funds Investment Act requires that public entities have a written and approved investment policy.
Investment Pool – An entity created under the Interlocal Cooperation Act to invest public funds
jointly on behalf of the entities that participate in the pool.
Liquidity – A liquid investment is one that can be easily and quickly converted to cash without
substantial loss of value. Investment pools, financial institution deposits and money market funds,
which allow for same day withdrawal of cash, are considered extremely liquid.
Local Government Investment Pool (LGIP) – An investment by local governments in which
their money is pooled as a method for managing local funds.
Market Risk - The risk that the value of an investment will rise or decline as a result of changes
in market conditions.
Market Value – An investment’s par amount multiplied by its market price.
Maturity – The date on which payment of a financial obligation is due. The final stated maturity
is the date on which the issuer must retire a debt and pay the face value to the debtholder.
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Item 9.
Resolution No. 2023-XX, Page 27
Money Market Mutual Fund – Mutual funds that invest in accordance with SEC regulations
and guidelines.
Mortgage-Backed Security (MBS) – Security backed by pools of mortgages.
Net Asset Value (NAV) – The value of a mutual fund or investment pool at the end of the business
day. NAV is calculated by adding the market value of all investments in a fund or pool, deducting
expenses, and dividing by the number of shares in the fund or pool.
Offer – An indicated price at which market participants are willing to sell a security. Also referred
to as the “Ask Price.”
Par Value – Face value or principal value of a bond, typically $1,000 per bond. A security’s par
value is multiplied by its coupon rate to determine coupon payment amount.
Passive Management – Involves the creation of a portfolio allocation that is the same as a specific
index to generate a return that is the same as the chosen index instead of outperforming it
Premium – The amount by which the price paid for a security exceeds the security’s par value.
Primary Government Securities Dealer (Primary Dealer) – Large government securities
dealers who are required to submit daily reports of market activity and monthly financial
statements to the New York Federal Reserve Bank. Primary Dealers are required to
continually “make a market” in Treasury securities, buying or selling when asked, thereby
creating a liquid secondary market for US debt obligations.
Principal – The face value or par value of a debt instrument. Also may refer to the amount of
capital invested in a given investment.
Prudent Investor Rule – Refers to an investment principle in the Public Funds Investment Act
outlining the fiduciary responsibilities of Investment Officers.
Repurchase Agreement (repo or RP) – An agreement of one party to sell securities at a specified
price to a second party and a simultaneous agreement of the first party to repurchase the securities
at a specified price or at a specified later date.
Reverse Repurchase Agreement (Reverse Repo) – An agreement of one party to purchase
securities at a specified price from a second party and a simultaneous agreement by the first party
to resell the securities at a specified price to the second party on demand or at a specified date.
Safekeeping – Holding of assets (e.g., securities) by a financial institution on behalf of a client.
Total Return – The sum of all investment income plus changes in the market value of the portfolio.
For mutual funds, return on an investment is composed of share price appreciation plus any
realized dividends or capital gains. This is calculated by taking the following components during
a certain time period: (Price Appreciation) + (Dividends Paid) + (Capital Gains) = (Total Return).
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Resolution No. 2023-XX, Page 28
Treasury Bills – Short term U.S. government non-interest bearing, debt securities with maturities
of one year or shorter . T -Bills pay interest only at maturity. The interest is equal to the face
value minus the purchase price.
Treasury Notes – Intermediate U.S. government debt securities with maturities of one to 10 years.
Treasury notes, or T-notes, are generally issued in terms of 2, 3, 5, 7, and 10 years, and pay interest
every six months until they mature.
Uniform Net Capital Rule – SEC Rule 15C3-1 outlining capital requirements for brokers/dealers.
Volatility – A degree of fluctuation in the price or valuation of securities.
Yield – The current rate of return on an investment generally expressed as an annual percentage.
Yield-to-Call (YTC) – The rate of return an investor earns from a bond assuming the bond is
redeemed (called) prior to its nominal maturity date.
Yield Curve – A graphic representation that depicts the relationship at a given point in time
between yields and maturity for bonds that are identical in every way except maturity. A normal
yield curve may be alternatively referred to as a positive yield curve.
Yield-to-Maturity – The rate of return yielded by an investment held to maturity when both
interest payments and the investor’s purchase price discount or premium are included in the
calculation of return.
Zero-coupon Securities – Security that is issued at a discount and makes no periodic interest
payments. The rate of return consists of a gradual accretion of the principal of the security and is
payable at par upon maturity.
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Item 9.
Resolution No. 2023-XX, Page 29
Appendix “B”
Town of Prosper Authorized Broker/Dealer List
FHN Financial
Great Pacific Securities
Hilltop Securities, Inc.
Multi-Bank Securities, Inc.
Oppenheimer & Co., Inc.
SAMCO Capital Markets
Wells Fargo Securities
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Page 1 of 2
To: Mayor and Town Council
From: Robert B. Scott, Deputy Town Manager
Through: Mario Canizares, Town Manager
Re: Investment Advisory Services
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider authorizing the Town Manager to execute a six-month renewal of the Professional
Services Agreement between Valley View Consulting, L.L.C., and the Town of Prosper, Texas,
related to Investment Advisory services.
Description of Agenda Item:
The Town issued a Request for Proposal for Investment Advisory Services in 2020 ultimately
awarding the contract to Valley View Consulting, LLC for a one-year term with up to four additional
one-year renewals. The Public Funds Investment Act requires the governing board to approve
investment advisors every two years. The Town renewed in November 2021 and 2022 for a one-
year term. Staff is recommending the Council approve a six-month renewal. With the addition of
professional staff during FY 2022 and 2023, the finance department feels that it has the capability
to manage investments in-house. The six-month extension will allow staff to prepare for the
transition while also completing the annual audit and implementation of the new ERP system,
Tyler Munis. The Town’s staff will still have full control over all investment purchases and
investment decisions.
Budget Impact:
The six-month fee is projected to be approximately $30,000, but the actual cost is dependent on
the Town’s total investment portfolio assets. These costs will be allocated to each Town Fund
based on their annual interest earnings.
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. Proposed Professional Services Agreement
FINANCE
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Item 10.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a
Professional Services Agreement between Valley View Consulting, L.L.C., and the Town of
Prosper, Texas, related to Investment Advisory Services for a period of six months.
Proposed Motion:
I move to authorize the Town Manager to execute a Professional Services Agreement between
Valley View Consulting, L.L.C., and the Town of Prosper, Texas, related to Investment Advisory
Services.
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Item 10.
AGREEMENT
BY AND BETWEEN
THE TOWN OR PROSPER, TEXAS
AND
VALLEY VIEW CONSULTING, L.L.C.
It is understood and agreed that the Town or Prosper (the Investor) will have money available for
investment (the Investable Funds) and Valley View Consulting, L.L.C. (the Advisor) has been
requested to provide professional services to the Investor with respect to the Investable Funds.
This agreement (the Agreement) constitutes the understanding of the parties with regard to the
subject matter hereof.
1. This Agreement shall apply to any and all Investable Funds of the Investor from time to
time during the period in which this Agreement shall be effective.
2. The Advisor agrees to provide its professional services to direct and coordinate all
programs of investing as may be considered and authorized by the Investor.
3. The Advisor agrees to perform the following duties, as requested:
a. Assist the Investor in developing cash flow projections,
b. Suggest appropriate investment strategies to achieve the Investor’s objectives,
c. Advise the Investor on market conditions, general information and economic data,
d. Analyze risk/return relationships between various investment alternatives,
e. Attend occasional meetings as requested by the Investor,
f. Assist in the selection, purchase, and sale of investments. The Advisor shall not have
discretionary investment authority over the Investable Funds and the Investor shall
make all decisions regarding purchase and sale of investments. The eligible
investments are listed in the Investor’s Investment Policy,
g. Advise on the investment of bond funds as to provide the best possible rate of return
to the Investor in a manner which is consistent with the proceedings of the Investor
authorizing the investment of the bond funds or applicable federal rules and
regulations,
h. Assist the Investor in creating investment reports in compliance with State legislation
and the Investor’s Investment Policy,
i. Assist the Investor in creating monthly portfolio accounting reports, and
j. Assist the Investor in selecting a primary depository services financial institution.
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Item 10.
4. The Investor agrees to:
a. Compensate the Advisor for any and all services rendered and expenses incurred as
set forth in Appendix A attached hereto,
b. Provide the Advisor with the schedule of estimated cash flow requirements related to
the Investable Funds, and will promptly notify the Advisor as to any changes in such
estimated cash flow projections,
c. Allow the Advisor to rely upon all information regarding schedules, investment
policies and strategies, restrictions, or other information regarding the Investable
Funds as provided to it by the Investor and that the Advisor shall have no
responsibility to verify, through audit or investigation, the accuracy or completeness
of such information,
d. Recognize that there is no assurance that recommended investments will be available
or that such will be able to be purchased or sold at the price recommended by the
Advisor, and
e. Not require the Advisor to place any order on behalf of the Investor that is inconsistent
with any recommendation given by the Advisor or the policies and regulations
pertaining to the Investor.
5. In providing the investment services in this Agreement, it is agreed that the Advisor shall
have no liability or responsibility for any loss or penalty resulting from any investment made
or not made in accordance with the provisions of this Agreement, except that the Advisor shall
be liable for its own gross negligence or willful misconduct; nor shall the Advisor be
responsible for any loss incurred by reason of any act or omission of any broker, selected with
reasonable care by the Advisor and approved by the Investor, or of the Investor’s custodian.
Furthermore, the Advisor shall not be liable for any investment made which causes the interest
on the Investor’s obligations to become included in the gross income of the owners thereof.
6. The fee due to the Advisor in providing services pursuant to this Agreement shall be
calculated in accordance with Appendix A attached hereto, and shall become due and payable
as specified. Any and all expenses for which the Advisor is entitled to reimbursement in
accordance with Appendix A attached hereto shall become due and payable at the end of each
calendar quarter in which such expenses are incurred.
7. This Agreement shall expire May 31, 2024 with the option of the Investor to extend the
Agreement for additional six-month or one-year terms. Provided, however, the Investor or
Advisor may terminate this Agreement upon thirty (30) days written notice to the other party.
In the event of such termination, it is understood and agreed that only the amounts due to the
Advisor for services provided and expenses incurred to and including the date of termination
will be due and payable. No penalty will be assessed for termination of this Agreement. In
the event this Agreement is terminated, all investments and/or funds held by the Advisor shall
be returned to the Investor as soon as practicable. In addition, the parties hereto agree that
upon termination of this Agreement the Advisor shall have no continuing obligation to the
Investor regarding the investment of funds or performing any other services contemplated
herein.
Page 86
Item 10.
8. The Advisor reserves the right to offer and perform these and other services for various
other clients. The Investor agrees that the Advisor may give advice and take action with
respect to any of its other clients, which may differ from advice given to the Investor. The
Investor agrees to coordinate with and avoid undue demands upon the Advisor to prevent
conflicts with the performance of the Advisor towards its other clients.
9. The Advisor shall not assign this Agreement without the express written consent of the
Investor.
10. By initialing the appropriate line, Investor acknowledges that:
1) _____ Investor was provided a written copy of Form ADV Part 2 not less than 48
hours prior to entering into this written contract, or
2) _____ Investor received a written copy of Form ADV Part 2 at the time of entering
into this contract and has the right to terminate this contract without penalty within
five business days after entering into this contract.
3) __X__ Investor is renewing an expiring contract and has received in the past, and
offered annually, a written copy of Form ADV Part 2.
When accepted by the Investor, it, together with Appendix A attached hereto, will constitute the
entire Agreement between the Investor and Advisor for the purposes and the consideration herein
specified.
Respectfully submitted,
Richard G. Long, Jr.
Manager, Valley View Consulting, L.L.C.
This agreement is hereby agreed to and executed on behalf of the Town or Prosper, Texas.
By _______________________________
Town or Prosper
Date: ___________________________
Page 87
Item 10.
APPENDIX A
FEE SCHEDULE AND EXPENSE ITEMS
In consideration for the services rendered by Advisor in connection with the investment of the
Investable Funds for the Investor, it is understood and agreed that its fee will be a tiered annual
fee equal to:
Average Quarter End Book Value Annual Fee
First $85 million 0.036% (3.6 basis points)
Next $65 million (above $85 million up to $150 million) 0.030% (3 basis points)
Balances over $150 million 0.020% (2 basis points)
In the event a flexible repurchase agreement or other similar investment option is utilized, the
Advisor shall receive a normal and customary fee within the guidelines of the Internal Revenue
Service, in lieu of the Agreement Fee.
Said fee includes all costs of services related to this Agreement, and all travel and business
expenses related to attending regularly scheduled occasional meetings. With pre-trip Investor
approval, the Advisor may also request reimbursement for special meeting or event travel and
business expenses. The obligation of the Advisor to pay expenses shall not include any costs
incident to litigation, mandamus action, test case or other similar legal actions.
Any other fees retained by the Advisor shall be disclosed to the Investor.
Page 88
Item 10.
Page 1 of 1
To: Mayor and Town Council
From: Robert B. Scott, Deputy Town Manager
Through: Mario Canizares, Town Manager
Re: Addition of Chapter 21- Capital Projects Management Policy
Town Council Meeting – November 14, 2023
Agenda Item:
Consider approval of adding Chapter 21, Capital Projects Management Policy to the Town’s
Administrative Regulations.
Description of Agenda Item:
Rapid growth experienced by the Town has resulted in multiple long-term developer agreements
and special financing vehicles, each different and unique from the others. Often the specific
developer agreement is signed many years prior to required disbursement or receipt of funds. The
attached policy is designed to raise awareness among relevant staff and to create basic processes
to ensure proper accounting and management of these complex long-term capital arrangements.
The need for and the basic tenants of the policy have been reviewed by both the Finance and CIP
Sub-Committees of Council.
Budget Impact:
While there will not be specific dollar impacts, adherence to this policy will improve overall capital
project budgeting and management.
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. Proposed Capital Projects Management Policy
Staff Recommendation:
Town Staff recommends the Town Council approve and add Chapter 21, Capital Projects
Management Policy to the Town’s Administrative Regulations.
Proposed Motion:
I move to approve and add Chapter 21, Capital Projects Management Policy to the Town’s
Administrative Regulations.
Town Manager’s Office
Page 89
Item 11.
Chapter 21, Page # Approved by Town Council November xx, 2023
TOWN OF PROSPER
ADMINISTRATIVE REGULATIONS
CHAPTER 21: CAPITAL PROJECTS MANAGEMENT POLICY
SECTION 21.01: PURPOSE AND OVERVIEW
This policy will help guide the Finance Department and affected staff in other departments to
ensure the proper accounting for and management of large multi-year capital projects and
related transactions whether for infrastructure, buildings or other improvements. The rapid
growth experienced by the Town has resulted in on-going capital budgets that are much larger
and much more complex than the Town’s operating budgets. Complexity includes multiple types
of purpose restrictions, multiple funding sources and vehicles each with its own statutory
requirements, developer agreements that are different for every development and extended
timelines that combined with staff turnover can create accounting gaps and lapses.
As a tax supported municipality, it is the responsibility of the Town to report capital activities in
conformance with Generally Accepted Accounting Principles (GAAP) while also demonstrating
compliance with all federal, state, debt related covenants and other contractual requirements.
SECTION 21.02 SCOPE
This policy applies to all capital projects constructed by the Town that are in excess of $250,000
and accounted for in a capital project fund. This is regardless of funding source or sources. This
policy is designed work with and complement related administrative policies including Chapter
9: Grant Management, Chapter 11: Purchasing, Chapter 15: Debt Management Policy, Chapter
16: Debt Post Issuance Policy, and Chapter 17: Financial Management Policy.
SECTION 21.03 ACCOUNTING, AUDITING AND FINANCIAL REPORTING
Accounting for capital projects will be in conformance with GAAP and Governmental Finance
Officer Association (GFOA) Best Practices. Capital Project Funds will be used for both budgeting
and for financial reporting. A separate capital project fund will be established for each major
category of purpose restriction. Purpose restrictions will typically originate from the categories
in bond referendums such as Parks, Public Safety and Streets or capital grants for a specific
project. It is the responsibility of all Town departments to furnish finance upon signing, all
agreements that are capital in nature. It will be the responsibility of the Finance Department to
analyze upon receipt any capital contract or agreements for the proper accounting treatment
Page 90
Item 11.
Chapter 21, Page # Approved by Town Council November xx, 2023
including the timing of recognition. Types of agreements include but are not limited to
Developer Agreements, TIRZ Agreements, utility relocation reimbursements paid to the Town
by other jurisdictions performing project within the Town, Gr ant agreements and payments to
other jurisdictions constructing infrastructure in the Town . Finance will also maintain a list of
all active capital related agreements that will be reviewed at year end for proper accounting
treatment.
Per GAAP, payments to the Town by developers are not recorded as revenues until the
payment is no longer refundable. This practice applies to standard developer escrow
arrangements. Often, however, development agreements will allow developers to be
reimbursed for infrastructure improvements they construct with the reimbursement being
funded through Impact Fees paid by the home builders that bought the developer’s lots. In this
case, the Finance Department must work with Development Services (Building Inspections) so
that all impact fees subject to developer commitments are recorded in a unique account as a
restricted asset and related revenue. Impact fees paid in TIRZ zones may also have associated
commitments with proper accounting treatment determined at the signin g of the agreements
and communicated to all affected departments.
Agreements with other government jurisdictions constructing roadways or other infrastructure
within the Town will often require participation by the Town to obtain desired features
whether aesthetic or functional or conversely provide reimbursement to the Town for utility or
other relocations required to complete the project. These agreements are signed prior to
project commencement but the payment to/from the other jurisdiction will not be made until
project closeout several years later. It is important that the Town recognize the transaction in
accordance with GAAP which often requires recognition prior to project closeout when the
related payment is received or made.
Developer contributions of infrastructure must be recorded at cost or if not available,
acquisition value (similar to estimated cost) upon donation which is normally final acceptance.
Engineering Services must track all donated infrastructure throughout the year for submission
to Finance.
Notes to the Financial Statements are an integral part of the financial statements and must be
complete. The annual review of all active capital agreements should also include scrutiny as to
whether additional note disclosure is required. The most common types of note disclosures
that might be omitted are Commitment and Contingencies and Subsequent Events.
SECTION 21:4 BUDGETTING
Page 91
Item 11.
Chapter 21, Page # Approved by Town Council November xx, 2023
Prospective Capital Projects are prioritized and recommended to full Council for approval by
the Capital Improvement Plan Sub-Committee of Council. New projects are typically added
once a year as part of the annual budget process through adoption of the capital project fund
budgets. Budgets in the Capital Projects Fund are on a “project” basis and do not expire until
the project is complete. It is the responsibility of Finance and all Town Departments that have a
capital project to close projects as soon after completion of the project as practical . Any budget
savings realized upon closing of an account will be reassigned to a contingency account in that
fund.
Detailed capital project reports should be prepared throughout the year by the Finance
Departments and provided to all Town departments that have an ongoing capital project.
Using these reports, projects should be evaluated periodically both for adequacy and for
potential surplus. At the point that either becomes reasonably certain, the budget should be
adjusted with approval by the CIP Sub-Committee at their next meeting. When the project
budget is adjusted, the contingency budget will be adjusted up or down as needed. In this way
contingency will reflect balances available for appropriation.
SECTION 21.5 INTERNAL CONTROLS
Internal Control write-ups will incorporate the procedures included herein and any additional
detail including account numbers and specific procedures to ensure consistent accounting
treatment regardless of turnover.
The Town of Prosper Capital Project Management Policy was approved by Council action on
xxx, 2023
___________________________
Mario Canizares, Town Manager
Page 92
Item 11.
Page 1 of 2
To: Mayor and Town Council
From: Michelle Lewis Sirianni, Town Secretary
Through: Mario Canizares, Town Manager
Bob Scott, Deputy Town Manager
Robyn Battle, Executive Director
Re: Collin County Appraisal District (CCAD) Board of Directors
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon a resolution casting its votes for the Collin County Central Appraisal District
Board of Directors (CCAD).
Description of Agenda Item:
Every two years, the Town Council may cast its vote(s) for member(s) of the Board of Directors of
the Collin County Central Appraisal District. The Town Council may cast its votes (45 of 5,000) for
one candidate or distribute the votes among any number of the candidates listed. Due to having
less than 1% of the vote, staff would encourage the Town Council to place all 45 votes to one
candidate. There is also no provision for write-in candidates, therefore, the chief appraiser may
not count votes for someone not listed on the official ballot.
In 2021, the Town Council cast all votes for Brian Mantzey. This year was the first year that the
Town Council submitted a ballot. Therefore, staff has no other historical background related to the
item.
This year’s candidates include Dan Bollner (Frisco), David Gensler (St. Paul), Richard “Rick”
Grady (Plano), Michelle Howarth (Sachse), Ronald L. Kelley (Plano), Brian Mantzey (McKinney),
Clint Pruett (McKinney), Scott Sperling (Fairview), Charles Weis (Parker), Richard Williams
(Parker), and Veronica Yost (Allen).
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.
TOWN SECRETARY
Page 93
Item 12.
Page 2 of 2
Attached Documents:
1. Resolution
2. Official Ballot
3. Board of Directors Nomination List
Town Staff Recommendation:
Town Staff recommends that the Town Council approve a resolution casting its votes to Brian
Mantzey for the Collin Central Appraisal District Board of Directors (CCAD).
Proposed Motion:
I move to approve a resolution casting votes to Brian Mantzey for the Collin Central Appraisal
District Board of Director’s (CCAD).
Page 94
Item 12.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023-74
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
CASTING ITS VOTE FOR THE BOARD OF DIRECTORS OF THE COLLIN CENTRAL
APPRAISAL DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper is a member of the Collin Central Appraisal District; and
WHEREAS, as a member of such organization, Prosper is entitled to nominate and vote on
nominees for the Board of Directors; and
WHEREAS, the Town of Prosper has forty-five (45) votes to cast regarding the election of the
Board of Directors; and
WHEREAS, the Town of Prosper does hereby cast its vote(s) by marking the ballot below:
Dan Bollner
Dan Gensler
Richard “Rick” Grady
_____ Michelle Howarth
Ronald L. Kelley
45 Brian Mantzey
Clint Pruett
Scott Sperling
Charles Weis
Richard Williams
Veronica Yost
THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
That the Council of the Town of Prosper, Texas does hereby confirm its forty-five
(45) votes for the election of the Board of Directors of the Collin County Central Appraisal District.
SECTION 2
That this resolution shall become effective immediately upon approval.
Page 95
Item 12.
Resolution No. 2023-74, Page 2
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, THIS 14TH DAY OF NOVEMBER, 2023.
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrance S. Welch, Town Attorney
Page 96
Item 12.
Page 97
Item 12.
Page 98
Item 12.
Page 1 of 2
To: Mayor and Town Council
From: Michelle Lewis Sirianni, Town Secretary
Through: Mario Canizares, Town Manager
Bob Scott, Deputy Town Manager
Robyn Battle, Executive Director
Re: Denton County Appraisal District (DCAD) Board of Directors
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon a resolution casting its votes for the Denton County Central Appraisal
District Board of Directors (DCAD).
Description of Agenda Item:
Every two years, the Town Council may cast its vote for the election of the Board of Directors of
the Denton County Central Appraisal District (DCAD). The Town Council may cast its votes (15 of
5,000) for one candidate or distribute the votes among any number of the candidates listed. Due
to having less than 1% of the vote, staff would encourage the Town Council to place all 15 votes
to one candidate. There is also no provision for write-in candidates, therefore, the chief appraiser
may not count votes for someone not listed on the official ballot.
In 2021, the Town Council did not cast a vote to DCAD. Therefore, this year would be the first year
that the Town Council submits a ballot. Town staff has no other historical background related to
the item.
This year’s candidates include Roy Atwood, Alex Buck, Vicki Byrd, Jared Eutsler, David Johnson,
Alicia McKinley, Ann Pomykal, Charles Stafford, and David Terre.
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. Resolution
2. DCAD Candidate List
TOWN SECRETARY
Page 99
Item 13.
Page 2 of 2
Town Staff Recommendation:
Town Staff recommends that the Town Council approve a resolution casting its votes to David
Johnson for the Denton Central Appraisal District Board of Directors (DCAD).
Proposed Motion:
I move to approve a resolution casting votes to David Johnson for the Denton Central Appraisal
District Board of Director’s (DCAD).
Page 100
Item 13.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023-75
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
CASTING ITS VOTES FOR THE BOARD OF DIRECTORS OF THE DENTON CENTRAL
APPRAISAL DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper is a member of the Denton Central Appraisal District; and
WHEREAS, as a member of such organization, Prosper is entitled to nominate and vote on
nominees for the Board of Directors; and
WHEREAS, the Town of Prosper has fifteen (15) votes to cast regarding the election of the
Board of Directors; and
WHEREAS, the Town of Prosper does hereby cast its vote by marking the ballot below:
Roy Atwood
Alex Buck
Vicki Byrd
_____ Jared Eutsler
15 David Johnson
Alicia McKinley
Ann Pomykal
Charles Stafford
David Terre
THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
That the Council of the Town of Prosper, Texas does hereby confirm its fifteen (15) votes for the
election of the Board of Directors of the Denton County Central Appraisal District.
SECTION 2
That this resolution shall become effective immediately upon approval.
Page 101
Item 13.
Resolution No. 2023-75, Page 2
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, THIS 14TH DAY OF NOVEMBER, 2023.
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrance S. Welch, Town Attorney
Page 102
Item 13.
TO:All Taxing Jurisdictions
FROM:Don Spencer,Chief Appraiser
DATE:October 28,2023
SUBJECT:Candidates to the Denton CAD Board of Directors
Candidates to the Denton Central Appraisal District Board of Directors are listed below.The list is in
alphabetical order by last name.
Each voting unit must cast its vote by written resolution and submit it to the Chief Appraiser before
December 15th.The unit may cast all its votes for one candidate or may distribute the votes among any
number of candidates.When a voting unit casts its votes,it must cast the votes for a person that was
nominated and is named on the ballot.There is no provision for write-in candidates.The Tax Code does not
permit the Chief Appraiser to count votes cast for someone not listed on the official ballot.The five nominees
receiving the most votes will become the Denton CAD Board of Directors.
The candidates nominated by the taxing jurisdictions are:
Candidate Nominating Jurisdiction
1.Roy Atwood Lewisville ISD,City of Carrollton
2.Alex Buck City of Denton,Lewisville ISD,City of Highland Village,Denton County,City of Lewisville
3.Vicki Byrd City of Denton
4.Jared Eutsler City of Corinth
5.David Johnson Denton County
6.Alicia McKinley Lake Dallas ISD
7.Ann Pomykal City of Denton,Lewisville ISD,City of Lewisville,Denton County
8.Charles Stafford Denton ISD
9.David Terre City of Frisco,City of The Colony
Accompanying this document,you will find Bio Sheets and additional information provided by the nominees.
Please take the time to familiarize yourself with the nominees and their qualifications before casting your vote.
Since some of you may not be familiar with the process of selecting the Board,please do not hesitate to
contact Misty Baptiste at (940)349-3977 or misty.baptiste@dentoncad.com for clarification and/or
information.
Page 103
Item 13.
Page 1 of 2
To: Mayor and Town Council
From: Leigh Johnson, Director of Information Technology
Through: Mario Canizares, Town Manager
Robert B. Scott – Deputy Town Manager
Re: Annual Software Assurance
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon approving the annual software assurance of the Town’s computer aided
dispatch and record management systems for Public Safety, from Integrated Computer
Systems, Inc., a sole source provider.
Description of Agenda Item:
On or about May 26, 2009, the Town Council approved Resolution No. 09-065 to execute a service
agreement between the Town and Integrated Computer Systems, Inc., for the purpose of providing
computer aided dispatch and record management systems, in order to provide effective and
efficient dispatch services to residents.
This contract auto-renews on October 1 of each year upon payment of the invoice. This purchase
falls within the definition of a procurement that is available f rom only one source (Chapter 252 of
the Local Government Code) and is exempt from competitive bidding requirements. Integrated
Computer Systems, Inc., is the sole manufacturer and provider of their specialized hardware and
software products.
Budget Impact:
The amount of this renewal is $112,812.33. This is a budgeted item and will be funded from
Information Technology account 100-5419-10-05 (IT Licenses). Subsequent annual expenditures
will be subject to appropriations granted in future fiscal years.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Annual Renewal Invoice
INFORMATION
TECHNOLOGY
Page 104
Item 14.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends approval the annual software assurance of the Town’s computer aided
dispatch and record management systems for Public Safety, from Integrated Computer Systems,
Inc., a sole source provider.
Proposed Motion:
I move to approve the annual software assurance of the Town’s computer aided dispatch and
record management systems for Public Safety, from Integrated Computer Systems, Inc., a sole
source provider.
Page 105
Item 14.
INVOICEIntegrated Computer Systems
7300 SH 121, Suite 470
McKinney, TX 75070
214.544.0022 Invoice No.Due Date
ICSI2592 10/1/2023
Bill To:Contact/Location:
Town of Prosper Prosper Police Dept.Attn: Accounts Payable Roxanna Johnson
P.O. Box 307
Prosper, TX 75078
PO Box 307
Prosper, TX 75078
972.569.1017
accounts_payable@prospertx.gov Roxanna_Johnson@prospertx.gov
ANNUAL SOFTWARE ASSURANCE 2023/24
Period Covered P.O. Number Consultant E-mail Terms
10/1/2023 -9/30/2024 kyle@icspublicsafety.com Net 30
Product Number and Description Qty Amount
SAP-CAD 1 $11,288.05Renewal for three (3) CAD software licenses including advanced
maps, paging, ProQA, 911, and TLETS.
SAP-LAW 1 $14,538.65Renewal for twenty (20) Law records licenses for arrest, incident,
calls for service, and master indexes. One (1) license for alarm
maintenance and one (1) for property room.
SAP-MDC 1 $29,250.42Renewal for twenty-one (21) MDC software licenses with advanced
mapping for police (12), fire (8), and courts (1).
SAP-INT 1 $11,704.10Renewal for Gateway and Interface licenses for Emerigidata and
USDD
SAP-INT 1 $2,662.95Renewal for Brazos interface license for handhelds
CAD-STAT-WEB 1 $422.07(5) W eb-based status monitor licenses for the display of resources
and calls.
SAP-INT 1 $253.24PRO-QA Medical Interface
SAP-CAD 1 $422.07Renewal to allow the setup, test and maintenance of geofiles, running
orders, units, and other tables, for the efficient use of CAD.
Additional purcha SAP for Add-on purchases Invoice ICSI2310:
SAP-CAD 1 $2,781.00Software Assurance Program Renewal for CAD (1 CAD)
Upon approval by your agency, this document will become a SOFTW ARE LICENSE ADDENDUM to the original agreemnt entered into by and between Integrated Computer Systems
Inc., located at 7300 SH 121, Suite 470, McKinney, Texas 75070, hereafter referred to as ICS; and your agency hereinafter referred to as LICENSEE. ICS and LICENSEE have
previously entered into an agreement entitled "GENERAL TERMS AND CONDITIONS" hereinafter referred to as the Agreement. Pursuant to the Agreement, incorporated herein by
reference for all purposes, and the terms and conditions of this Addendum, LICENSEE agrees to License the itemized software products from ICS.
09/06/23 01:25:55 Page 106
Item 14.
Product Number and Description Qty Amount
SAP-MDC 1 $25,705.71Software Assurance Program Renewal for Mobile Data Clients (11
MDC)
SAP-LAW 1 $5,736.07Software Assurance Program Renewal for Law records (3 LAW )
Additional purcha SAP for Add-on purchases Invoice ICSI2488:
SAP-MDC 1 $6,048.00Software Assurance Program Renewal for Mobile Data Clients (4
MDC) and Law Licenses (4 LAW )
Additional purcha SAP for Add-on purchases Invoice ICSI2506:
SAP-LAW 1 $2,000.00Software Assurance Program Renewal for K-9 and Drone modules
Amount Due $112,812.33
Upon approval by your agency, this document will become a SOFTW ARE LICENSE ADDENDUM to the original agreemnt entered into by and between Integrated Computer Systems
Inc., located at 7300 SH 121, Suite 470, McKinney, Texas 75070, hereafter referred to as ICS; and your agency hereinafter referred to as LICENSEE. ICS and LICENSEE have
previously entered into an agreement entitled "GENERAL TERMS AND CONDITIONS" hereinafter referred to as the Agreement. Pursuant to the Agreement, incorporated herein by
reference for all purposes, and the terms and conditions of this Addendum, LICENSEE agrees to License the itemized software products from ICS.
09/06/23 01:25:55 Page 107
Item 14.
Page 1 of 2
To: Mayor and Town Council
From: Leigh Johnson, Director of Information Technology
Through: Mario Canizares, Town Manager
Robert B. Scott, Deputy Town Manager
Re: Annual Hardware Purchase Approval
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon approval of various annual maintenance, repair, and operational purchases
for the Information Technology Department during FY 2024.
Description of Agenda Item:
In order to conform with State purchasing law and best practices, the Purchasing Division has
asked the Information Technology Department to annually request Council approval of various
open or blanket purchase orders for routine maintenance, repair, and operational items.
These items are considered routine in nature and occur each year. This includes renewal of annual
contracts bid out by the Town, cooperative/interlocal agreements, and sole source items.
Each purchase order requested meets all aspects of State purchasing laws as well as Town
purchasing procedures. At this time, the Information Technology Department is requesting
approval of the following items:
Cooperative Description Vendor Amount
DIR-TSO-4092 Software license renewals and various hardware SHI $250,000.00
DIR-TSO-3763 Dell computer and network hardware Dell/SHI $165,000.00
Omnia # MA3457 Incidental items for IT and other departments Amazon $125,000.00
Budget Impact:
Funding is available through the FY 2024 operating budget.
Attached Documents:
1. SHI Government Solutions Contract Information
2. Dell Government Solutions Contract Information
3. Omnia Partners Contract Information
INFORMATION
TECHNOLOGY
Page 108
Item 15.
Page 2 of 2
Town Staff Recommendation:
Town Staff recommends approval of various annual maintenance, repair, and operational
purchases for the Information Technology Department during FY 2024.
Proposed Motion:
I move to approve various annual maintenance, repair, and operational purchases for the
Information Technology Department during FY 2024.
Page 109
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Item 15.
Page 1 of 2
To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Ice Pretreatment Equipment
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon approving the purchase of Brine Master BM 3000 and ICE Master T-Series
truck mounted applicator, from C&H Outdoor, LLC, through the Sourcewell Purchasing
Cooperative; and authorizing the Town Manager to execute documents for the same.
Description of Agenda Item:
In the FY24 budget, an item was approved for a brine system to apply on the roadways prior to
winter storms. Staff vetted two companies SNO-BIZ (C&H Outdoor, LLC) and Vari Tech Industries.
Both suppliers were highly respected in the industries, but SNO-BIZ equipment fit our needs
better. The equipment proposed can be moved with existing equipment when not in use. This
request includes the purchase of a brine maker, a year of salt, and the truck mounted tank and
spray system required to install the brine. Staff included the 100-foot handheld spray gun for
sidewalks, and walkways, GPS flow controller to ensure proper coverage, and a double boom
spray bar.
The total approved for FY24 for this item was $154,010.00, which included an F-5500 truck at a
price of $80,010.00, leaving a remainder of $74,000.00. The total cost for this equipment and
material, apart from the truck, is $79,838.75. This item will be $5,833.75 overbudget and will be
absorbed by the existing Street Budget. Due to a back-order issue with long wait times, staff
proactively placed an order for the 10,000-gallon material storage tank in the amount of
$16,145.00 and was funded from 100-5110-50-01.
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code,
Chapter 791, to enter into joint contracts and agreements for the performance of governmental
functions and services, including administrative functions normally associated with the operation
of government (such as purchasing necessary materials and equipment).
The Town of Prosper entered into interlocal participation agreements with Sourcewell (formerly
NJPA). Participation in the cooperative purchasing programs allow our local government to
purchase goods and services through the cooperative programs, while satisfying all competitive
bidding requirements.
PUBLIC WORKS
Page 119
Item 16.
Page 2 of 2
Budget Impact:
The total amount for this purchase is $63,693.75 and will be funded from 100-6110-50-01 in the
amount of $32,855.00, 100-5650-50-01 in the amount of $15,000, and 100-5480-50-01 in the
amount of $15,838.75.
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. Equipment Quote
2. Material Quote
Town Staff Recommendation:
Town staff recommends approving the purchase of Brine Master BM 3000 and ICE Master T-
Series truck mounted applicator, from C&H Outdoor, LLC, through the Sourcewell Purchasing
Cooperative; and authorizing the Town Manager to execute documents for the same.
Proposed Motion:
I move to approve the purchase of Brine Master BM 3000 and ICE Master T-Series truck mounted
applicator, from C&H Outdoor, LLC, through the Sourcewell Purchasing Cooperative; and
authorizing the Town Manager to execute documents for the same.
Page 120
Item 16.
Quote
Date
11/2/2023
Quote #
1084
Name / Address
PROSPER PUBLIC WORKS-TX
FRANK JAROMIN
601 W 5TH ST
PROPSER, TX 75078
C & H Outdoor, LLC
Sno-Biz
PO Box 4605
Wichita, KS 67204
Rep
DG
Phone # 316-202-2020
Total
Sales Tax (0.0%)
TANKS
Price quoted is payment by Cash,
Check or ACH. Additional fees
may apply dependant on credit
terms.
Item DescriptionQty U/M Cost Total
BM3000 BrineM... Large BrineMaster Brine Maker BM3000
Includes Large Hose Kit-3x20' Hose's w/Female Camlocks
1-Handheld Digital Refractometer(Double Check Salinity in Storage
Tanks/Trucks).
1 30,955.00 30,955.00
CAMION Sourc... CAMION -SourceWell Discount (031423-EDP 5%) -5.00% -1,547.75
IMT995 IMT995gl ICE MASTER T-SERIES TANK w/BAFFLE BALLS1 20,670.00 20,670.00
CAMION Sourc... CAMION -SourceWell Discount (031423-EDP 5%) -5.00% -1,033.50
Gas, Elec Start IMTPG Gas Engine, Elect. Start Pump1 0.00 0.00
GPS Storm Com... IMTCSC Storm Commander GPS Flow Controller1 0.00 0.00
100' Hose & Spr... IMTHR01 100' Hose & Spray Gun1 0.00 0.00
Mounting Brackets IMTMT01 SS Truck Mounting Brackets1 0.00 0.00
Receiver Hitch IMMBR01 2" Receiver Hitch Boom Mount1 0.00 0.00
Boom, 12Nz IMB12 12Nzl Ice Control Double Boom Bar (T-Series Control Double Boom
Bar (T Series)SS OR POLY OPTION
1 0.00 0.00
CAMION Sourc... CAMION -SourceWell Discount (031423-EDP 5%) -5.00% 0.00
Freight / Delivery Freight / Deliver/Install/Training 4,000.00 4,000.00
$53,043.75
$0.00
Page 121
Item 16.
Quote
Date
11/7/2023
Quote #
1093
Name / Address
PROSPER PUBLIC WORKS-TX
FRANK JAROMIN
601 W 5TH ST
PROPSER, TX 75078
C & H Outdoor, LLC
Sno-Biz
PO Box 4605
Wichita, KS 67204
Rep
DC
Phone # 316-202-2020
Total
Sales Tax (0.0%)
TANKS
Price quoted is payment by Cash,
Check or ACH. Additional fees
may apply dependant on credit
terms.
Item DescriptionQty U/M Cost Total
1T Super Sac Salt 1 Ton Super Sac filled with Regular Bullk Salt-Brine Making (1 ton each)
2-super sacs fill up brine maker & make estimated 1600gl
40 175.00 7,000.00
CAMION Sourc... CAMION -SourceWell Discount (031423-EDP 5%) -5.00% -350.00
Freight / Delivery Freight / Delivery2 2,000.00 4,000.00
20 Super Sacs per load
$10,650.00
$0.00
Page 122
Item 16.
Page 1 of 2
To: Mayor and Town Council
From: Chris Landrum, Finance Director
Through: Mario Canizares, Town Manager
Robert B. Scott, Deputy Town Manager
Re: Subject: Purchase of FY24 Vehicles and Equipment
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon approval of a portion of the FY24 vehicle and VERF equipment purchases
utilizing cooperative purchasing contracts and approving the Town Manager to execute
documents for same.
Description of Agenda Item:
In the FY2024 annual budget, the Town Council approved discretionary packages and VERF
replacements for vehicles and equipment. This item requests approval for the purchase of (5)
2024 Chevrolet Malibu’s for the Police Department, (1) Chevrolet Malibu for the Fire Department,
(1) John Deere 410P and (1) Ford F-550 Truck with Dump Bed for the Public Works Department
and authorization for the Town Manager or his designee to execute documents related to the
purchases.
Local governments are authorized by the Interlocal Cooperation Act, V.T. C. A. Government Code
Chapter 791, to enter into joint contracts and agreements for the performance of governmental
functions and services, including administrative functions normally associated with the operation
of government (such as purchasing necessary materials and equipment).
The Town of Prosper entered into an interlocal participation agreement in June 2005, providing
the Town’s participation in the Texas local Government Purchasing Cooperative. Participation in
the cooperative purchasing program allows local government to purchase goods and services
from the cooperative’s online purchasing systems while satisfying all competitive bidding
requirements.
Contracts being utilized for these purchases are:
RDO Equipment utilizing Sourcewell 011723-JDC
Lake Country Chevrolet utilizing TIPS 210907
Rush Medium Truck Center utilizing Buyboard 601-19
Finance
Page 123
Item 17.
Page 2 of 2
Budget Impact:
$156,038.43 Funded from 410-6140-50-02 (VERF Equipment Replacement-Public Works)
$105,294.00 Funded from 100-6160-20-01 (Malibu’s for Police Department Positions-New Sgt.’s)
$26,323.50 Funded from 410-6160-20-01 (VERF Replacement-Police Department)
$26,323.50 Funded from 100-6160-30-01 (Malibu for Emergency Management Coordinator-Fire
Department)
$90,634.00 Funded from 200-6160-50-02 (New Dump Truck-Public Works)
Attached Documents:
1. RDO Quote 1656902
2. Sourcewell 011723-JDC Information Summary
3. Lake Country Chevrolet PD1 Quote
4. Lake Country Chevrolet PD2 Quote
5. Lake Country Chevrolet PD3 Quote
6. Lake Country Chevrolet PD4 Quote
7. Lake Country Chevrolet PD5 Quote
8. Lake Country Chevrolet Malibu for Fire Department Quote
9. Lake Country Chevrolet TIPS 210907 Information Summary
10. Rush Truck Center Quote
11. Rush Truck Centers of Texas, LP Buyboard 601-19 Information Summary
Town Staff Recommendation:
Town Staff recommends approval of a portion of the FY24 vehicle and VERF equipment
purchases utilizing cooperative purchasing contracts and approving the Town Manager to execute
documents for same.
Proposed Motion:
I move to approve the purchase of new and VERF replacement vehicles and equipment and
authorize the Town Manager to execute documents for same.
Page 124
Item 17.
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Item 17.
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Item 17.
Page 1 of 2
To: Mayor and Town Council
From: Robyn Battle, Executive Director
Through: Mario Canizares, Town Manager
Re: Strategic Advocacy Services Agreement
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon approving a Services Agreement with Strategies 360 Texas, LLC, for
Strategic Advocacy Services, and authorize the Town Manager to execute the same.
Description of Agenda Item:
Strategies 360 has provided government relations and strategic advocacy services for the Town
of Prosper since November 2022. The firm was instrumental in advocating for the Town’s
legislative objectives during the 88th Legislative Session and the subsequent Special Sessions,
and they continue to be an important asset to the Town in accomplishing the objectives outlined
in the Town’s Legislative Agenda. Services provided by the firm include attending the monthly
Council Legislative Subcommittee meetings, providing recommendations on key legislative
issues, and assisting with the preparation of talking points and remarks for legislative testimony.
The scope of services also includes assistance in the support or opposition of specific legislative
measures, coordinating meetings with legislators and legislative staff, and monitoring, tracking ,
and reporting on relevant legislation on behalf of the Town.
While the previous agreement also included representation for the Prosper Economic
Development Corporation, the proposed Services Agreement is between Strategies 360, LLC,
and the Town of Prosper. The 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 $4,000 per month ($48,000 annually), which will be funded equally between
the Communications Professional Services account 100-5410-10-06 ($24,000) and the Non-
Departmental Professional Services account 100-5410-10-99 ($24,000).
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached Services Agreement
as to form and legality.
COMMUNICATIONS &
COMMUNITY ENGAGEMENT
Page 139
Item 18.
Page 2 of 2
Attached Documents:
1. Strategies 360 Texas, LLC Services Agreement
Town Staff Recommendation:
Town Staff recommends Council approve a Services Agreement with Strategies 360 Texas, LLC,
for Strategic Advocacy Services, and authorize the Town Manager to execute the same.
Proposed Motion:
I move to approve a Services Agreement with Strategies 360 Texas, LLC, for Strategic Advocacy
Services, and authorize the Town Manager to execute the same.
Page 140
Item 18.
=
SERVICES AGREEMENT
This services agreement (“Agreement”) is entered into by and between Strategies 360 Texas, LLC
(“Consultant”) with its principal offices at 408 W. 11th Street, Fifth Floor, Austin, Texas 78701, and
the Town of Prosper, with its principal address at 250 W. First Street, Prosper, Texas 75078
(“Client”).
RECITALS
A. Client wishes to contract with Consultant to provide services in the field of government
relations and strategic advocacy on the terms and conditions set forth herein.
B. Consultant is willing to perform such services in accordance with this Agreement.
In consideration of the mutual promises and agreements contained herein, the Client agrees as
follows:
1. Scope of Services. Consultant is retained and appointed to implement the services outlined
in the attached Appendix A (“Services”), which are designed to accomplish the objectives of
the Client. Consultant shall use Consultant’s best efforts to perform the Services such that
the results are satisfactory to Client.
2. Contract Administration; Communications. Consultant's employees will be responsible for
performing the Services under this Agreement. Client and Consultant shall identify and
maintain a mutually agreeable communication process to keep Client fully and currently
informed about activities of Consultant on behalf of Client. Consultant 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.
- Primary Strategies 360 Contact: Jake Posey (jakep@strategies360tx.com)
- Primary Client Contact: Robyn Battle (rbattle@prospertx.gov)
3. Compensation. Consultant will perform the Services described in this Agreement on a
monthly retainer basis. Client agrees to pay a monthly retainer of $4,000.00 per month
beginning October 1, 2023 (“Effective Date”) through September 30, 2024 (“Termination
Date”), with an option for annual renewal.
Page 141
Item 18.
Except as otherwise provided, Consultant’s fees for service do not include additional costs
deemed necessary by Client such as creating and printing materials, conducting public
opinion research (e.g. polling), and providing other strategic and/or support services as
requested by the Client. Client shall be responsible for applicable state or local sales or excise
taxes associated with the Services, if any.
4.Expenses. In addition to compensation payable to Consultant pursuant to this Agreement,
Client will reimburse Consultant for costs and disbursements incurred in performing the
Agreement including, but not limited to, transportation and travel costs, food, lodging and
automobile mileage at the applicable federal rate per business mile, and for necessary
entertainment. Consultant shall include an accounting of costs and disbursements and the
amount owed on the periodic statements rendered to Client. Total monthly charges to Client
under this section of the Agreement will not exceed 10% of monthly service retainer without
advance approval from Clients.
5.Payment. Consultant shall send monthly invoices to the Client on the first day of each month.
Client shall pay Consultant’s fees in full within 30 days of receipt (“Due Date”).
-Strategies 360 Billing Contact: Jake Posey (jakep@strategies360tx.com)
-Town of Prosper Billing Contact: Ivonne Ruiz (ap@prospertx.gov)
Payment terms are Net 30. If any invoiced amount is not received by Consultant by the Due
Date, those charges may accrue late interest at the rate of 2% of the outstanding balance per
month, or the maximum rate permitted by law, whichever is lower. Consultant will not
exercise these rights if Client disagrees with the applicable charges reasonably and in good
faith and is cooperating diligently to resolve the disagreement.
6.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.
7.Confidential Matters and Proprietary Information. The Consultant shall keep in confidence
all information that may be acquired in connection with or as a result of the Agreement. The
Consultant shall not publish, communicate, divulge, disclose or use any of such information,
which has been designated by Client as proprietary or confidential or which from the
surrounding circumstances in good conscience ought to be treated by the Consultant as
proprietary or confidential, without the prior written consent of Client. Upon termination or
expiration of the Agreement, the Consultant shall deliver all relevant records, data,
information, and other documents and all copies thereof requested by Client, which shall
remain the property of Client.
8.Conflict of Interest. The Consultant has performed an internal conflict of interest check and
determined that there is not a conflict of interest under Consultant policy as between the work
Page 142
Item 18.
to be performed under this Agreement and that work performed for other Clients of the
Consultant's state or local branch office which is managing this Agreement. Consultant shall
advise if such a conflict arises in the future. Furthermore, Client shall have a right of first
refusal on any additional municipal clients that may approach (or attempt to retain)
Consultant for similar services as those being performed on behalf of Client.
9. Intellectual Property. To the extent Consultant’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, Consultant grants to Client usage rights of the final content as provided
to Client. These rights shall include the right for Client to modify such work. All other rights,
including copyrights, are reserved by Consultant. In the event the Consultant’s work is for
creation or modification of Client’s trademark content, conditioned upon full payment of all
fees and costs due, Consultant assigns to Client all rights to such trademarks except that
Consultant may utilize such trademark in its own marketing and educational materials.
Consultant shall cooperate with Client and shall execute any additional documents
reasonably requested by Client to evidence such assignment. 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 any other steps necessary 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 Consultant do not infringe the rights of third parties, and Client shall
indemnify, save and hold harmless Consultant 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.
10. Independent Contractor. In all matters relating to this Agreement, the Consultant shall be
acting as an independent contractor. The Consultant is not an employee of Client under the
meaning or application of any federal or state unemployment insurance or workers’
compensation laws, and the Consultant shall assume all liabilities and obligations imposed
by any one or more of such laws. Consultant will work with the Client to determine the time,
the place and the manner in which it will accomplish its services.
11. Entire Agreement. This Agreement constitutes the entire agreement between Client and the
Consultant in regard to the subject matter hereof and supersedes all prior or contemporaneous
communications, representations, or agreements, whether oral or written, with respect
thereto. No agreements hereafter made between the parties shall be binding on either party
unless reduced to writing and signed by authorized representatives of the parties.
12. Governing Law and Venue. This Agreement will be governed by and construed in
accordance with the laws of the State of Texas applicable to agreements made and to be
entirely performed within the State of Texas, without resort to its conflict of law provisions.
The state or federal court in Travis County, Texas will be the jurisdiction in which any suits
should be filed if they relate to this Agreement.
Page 143
Item 18.
13. Non-Solicitation of Consultant Employees. During the Term of this Agreement and for a
period of one (1) year after the termination of this Agreement, 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 Consultant’s employees to terminate
their employment with Consultant or to work elsewhere.
14. Indemnification and Insurance. To the extent authorized by Texas law, Client shall indemnify,
defend, and hold harmless Consultant 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, Contractor's independent contractor status, or for injury or
death of any and all persons whatsoever and from any and all damage to property. Client and
Consultant 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 services under this
Agreement.
15. Warranty and Limitation of Damages. Consultant shall seek to carry out the Services in
accordance with good industry practice and in a professional manner. However, the Services
and other work is provided “AS IS” and no express or implied warranty or guarantee
is made and all such warranties, including merchantability and fitness for a particular
purpose, are specifically disclaimed. Consultant’s liability of any nature to Client shall be
limited to the amount of the net profits of Consultant in performing services under this
Agreement. Consultant shall not be liable for any indirect, special, incidental, punitive, or
consequential damages of any kind including, but not limited to lost profits, lost data, loss of
goodwill or business interruption.
16. 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.
Executed in the County of Travis, Texas:
For: STRATEGIES 360 TEXAS, LLC
408 W. 11th Street, Fifth Floor
Austin, Texas 78701
TEL: 817/320-4587
By:
Jake Posey
Date: October 24, 2023
Page 144
Item 18.
For: The Town of Prosper
250 W. First Street
Prosper, TX 75078
By:
Mario Canizares, Town Manager
Page 145
Item 18.
Appendix A
Scope of Work
You are engaging Strategies 360 Texas, LLC to provide the following types of services:
1.Assist the Town of Prosper in the development, submission, negotiation, and/or
modification of specific legislative measures to be filed during the 89th Texas Legislative
Session.
2.Assist the Town of Prosper in the support/passage or opposition/defeat of certain legislative
measures being filed during the 89th Texas Legislative Session, including the preparation
of written comments and correspondence and providing assistance in the preparation of
public testimony.
3.Coordinate meetings involving elected and appointed officials and staff of the Town of
Prosper to promote positive branding and discuss legislative and executive elements with
the following, as appropriate: relevant legislative committee members, legislators,
legislative staff members, and stakeholders in the offices of the Speaker, Lt. Governor,
Governor, Office of the Attorney General, and the Texas Comptroller.
4.Monitor relevant Texas legislation that may impact the Town of Prosper’s interests;
provide regular reports on the status of relevant legislation, seeking guidance and/or
making recommendations on the Town’s position.
5.Attend relevant legislative committee hearings and appropriate agency meetings where
topics of interest and impact may arise.
6.Support or oppose administrative action and legislation through contacts with legislators
and staff, as well as stakeholders in the offices of the Governor, Lt. Governor, Speaker of
the House of Representatives, and the Comptroller of Public Accounts.
7.Conduct requested research regarding legislative history, policy, and budget
considerations, as appropriate, to assist the Town in assessing the impact of proposed
legislation.
8.Services shall include coverage of any special legislative sessions.
Page 146
Item 18.
Page 1 of 1
To: Mayor and Town Council
From: Stuart Blasingame, Fire Chief
Through: Mario Canizares, Town Manager
Re: Bureau Veritas Annual Fire Safety Inspections
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon approving an amendment to the agreement with Bureau Veritas for Annual
Fire Safety Inspections; and authorize the Town Manager to execute the same.
Description of Agenda Item:
The Fire Marshal’s Office uses Bureau Veritas to supplement existing staff to complete ISO Annual
Fire Safety Inspections. The amendment extends the effective date through December 31, 2024
and includes additional inspection locations to allow the department to meet the ISO deadline.
Budget Impact:
The cost of services is $32,625.00 and was approved in the FY2024 budget. The services will be
funded from account 100-5480-30-05.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has previously approved the attached documents
as to form and legality.
Attached Documents:
1. Contract Amendment
Town Staff Recommendation:
Town Staff recommends approving an amendment to the agreement with Bureau Veritas for
Annual Fire Safety Inspections; and authorizing the Town Manager to execute the same
Proposed Motion:
I move to approve an amendment to the agreement with Bureau Veritas for Annual Fire Safety
Inspections; and authorizing the Town Manager to execute the same
FIRE DEPARTMENT
Page 147
Item 19.
Prosper, TX Amendment 11/3/2023
The following is hereby accepted as an amendment to Attachment B, Annual Fire Safety Inspections, of
the Professional Services Agreement between Bureau Veritas North America, Inc. (BVNA) and the Town
of Prosper, Texas (Client), dated December 8, 2015 by establishing a set fee for 261 Annual Fire Safety
Inspections beginning the effective date of the amendment through December 31, 2024. Thereafter,
existing fees established in Attachment B will be in effect.
___________________________________________________________________________________
Attachment B
Annual Fire Safety Inspections
Annual Fire Safety Inspection for 261 locations at $125.00 per location $32,625.00
City of Prosper, Texas Bureau Veritas, North America, Inc.
By: By: Van Tran
Title: Title:
V.P. Facilities – Central & East
Region
Signature: Signature:
Date: Date: 11/3/2023
DTQRR: David Stanford
Date: 11/3/2023
Page 148
Item 19.
Page 1 of 2
To: Mayor and Town Council
From: Stuart Blasingame, Fire Chief
Through: Mario Canizares, Town Manager
Re: Professional Services Agreement – Front Line Mobile Health
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Professional Service
Agreement between Front Line Mobile Health, PLLC, and the Town of Prosper Fire Rescue related
to annual medical evaluations.
Description of Agenda Item:
Front Line Mobile Health is the incumbent provider for annual physicals for members of the fire
department through the National Fire Protection Association (NFPA). All fire department personnel
undergo an annual NFPA physical in accordance with NFPA 1582. This service is conducted
onsite at the designated fire station. This agreement is for FY24 and includes the option for up to
four (4) one-year renewals.
Budget Impact:
The cost of services is $45,904 and was approved in the FY2024 budget. These services will be
funded from account 100-5194-30-01.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the agreement as to form and
legality.
Attached Documents:
1. Agreement
Town Staff Recommendation:
Town Staff recommends approving an agreement authorizing the Town Manager to execute a
Professional Service Agreement between Front Line Mobile Health, PLLC, and the Town of
Prosper Fire Rescue related to annual medical evaluations.
FIRE DEPARTMENT
Page 149
Item 20.
Page 2 of 2
Proposed Motion:
I move to approve authorizing the Town Manager to execute a Professional Service Agreement
between Front Line Mobile Health, PLLC, and the Town of Prosper Fire Rescue related to annual
medical evaluations.
Page 150
Item 20.
1
PROFESSIONAL SERVICE AGREEMENT
The following Terms of the Professional Service Agreement (“Agreement”) are entered into and made
effective on the date of execution of this Agreement by both Parties.
BETWEEN:
FRONT LINE MOBILE HEALTH, PLLC, (“Service Provider”), a professional limited liability company
organized and existing under the laws of Texas, with its principal office located at 6517 N. LAKEWOOD
DR, GEORGETOWN, TX 78633 info@frontlinemobilehealth.com
AND:
The Town of Prosper Fire Rescue (“Contracting Agency”), a governmental agency organized and
existing under the laws of Texas, with its principal office located at 911 Safety Way, Prosper, TX 75078
which may be contacted at
Email Address: _____ ____________________________
Point of Contact: ____ ____________ ________________
Name Phone Number
Service Provider and Contracting Agency may be referred to herein individually as “Party,” or collectively
as “Parties.”
WHEREAS, Service Provider is in the business of providing professional medical services relating to Pre-
Employment Medical Evaluations, Annual Medical Evaluations, and Psychological Evaluations; and,
WHEREAS, Contracting Agency will provide such medical services to Contracting Agency’s personnel
(“Participants”).
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the
Parties hereto, intending to be legally bound, agree as follows:
AGREEMENT
Service Provider will provide the following services to Contracting Agency under the terms of this
Agreement:
1.ENTIRE AGREEMENT
1.1. This Agreement, recitals, and attachments represent the entire understanding and
agreement between Service Provider and Contracting Agency, and supersede all other
negotiations, proposals, understandings, and representations (written or oral) made by and
Page 151
Item 20.
2
between Service Provider and Contracting Agency. This Agreement includes the following
attachments which are incorporated herein:
1.1.1 Exhibit “A”, “Requirements” referencing 14 Essential Job Tasks from NFPA 1582
Chapter 6 (Candidates) Chapter 7 (Incumbents);
1.1.2 Exhibit “B”, “Scope of Services and Fee Schedule”;
1.1.3 Exhibit “C”, “Service Charges for Partially Completed Evaluation and Make up
Policy”;
1.1.4 Exhibit “D”, “Scope of Services and Fee Schedule for Psychological Suitability
Evaluations”;
1.1.5 Exhibit “E”, “Examinee Waiver”; and
1.1.6 Exhibit “F”, “Optional Contracting Agency Job Descriptions”.
2.TERM
2.1. The initial term of this Agreement shall begin on October 1, 2023 (the “Effective Date”) and
shall expire on September 30, 2024 (“Expiration Date”), unless terminated earlier in
accordance with this Agreement (“Initial Term”). After the Initial Term, the Contracting
Agency shall have the option, in its sole discretion, to renew this Agreement under the same
terms and conditions for up to four (4) one-year renewal terms, subject to any price
increases as identified in paragraph 2.2.
2.2. Service Provider may at its discretion, and subject to approval by Contracting Agency,
increase the price for those services identified in Exhibit “B” of this Agreement a maximum
of 5% at the start of each year the Agreement is renewed.
3.DEFINITIONS
The terms used in this Agreement shall have the following meaning:
3.1. Authority Having Jurisdiction (“AHJ”) means Contracting Agency’s Authority Having
Jurisdiction (as that term is defined in NFPA 1582 Section 3.2.2) as an organization, office, or
individual responsible for enforcing the requirements of a code or standard, or for approving
equipment, materials, an installation, or a procedure. The AHJ for Contracting Agency is the
Town of Prosper Fire Chief.
3.2. Annual Medical Evaluation: Periodic evaluation of Incumbent Firefighter to assess the
Firefighter’s ability to meet the Fire Department’s standards regarding Firefighter fitness, as
well as to identify areas of the Firefighter’s medical status that may present future health
issues.
3.3. Candidate Firefighter: A person whom the Fire Department leadership wants medically
evaluated before starting employment
3.4. Human Performance Assessment: A series of self-reported standardized behavioral health
assessments that measure the Participant’s condition regarding behavioral health attributes
that Service Provider has determined impact the Participant’s personal and work
performance.
3.5. Incumbent Firefighter: A firefighter who has been hired and is no longer a Candidate
firefighter.
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3.6. Pre-Employment Medical Evaluation: A series of laboratory tests, diagnostic exams, hands-
on physical exam, and consultation with a medical provider to assess whether the Candidate
firefighter meets the minimum requirements provided to Service Provider by Fire Department
leadership.
3.7. Post-Offer Psychological Evaluations: More comprehensive psychological evaluation of
Candidate Firefighter conducted by licensed psychologist after a job offer has been made to
the Candidate Firefighter.
3.8. Psychological Evaluation: More comprehensive psychological evaluation of Candidate
Firefighter or Incumbent Firefighter conducted by licensed psychologist
3.9. Psychological Wellness Check: A self-reported Behavioral Health analysis tool using standard
psychological tests.
4. COMPENSATION
4.1. Contracting Agency will compensate Service Provider for services performed in the amounts
specified in the attached Exhibit “B” “Fee Schedule.”
4.2. Contracting Agency will compensate Service Provider for partially completed examinations
in accordance with the provisions listed in Exhibit “C”, “Charges for Partially Completed
Evaluations.”
4.3. The signed agreement between Service Provider and Contracting Agency, acknowledges that
Contracting Agency agrees to Service Provider’s “Make-up Policy” provided in Exhibit C.
5. PAYMENT
5.1. Service Provider will invoice Contracting Agency for services completed, based on a mutually
agreed-upon schedule.
5.2. If Participants are re-scheduled through a request initiated by Contracting Agency, invoicing
will still take place for services rendered according to the billing schedule agreed upon by
both Parties.
5.3. If Service Provider initiates the re-schedule, then invoicing will be delayed until the
evaluation is complete.
5.4. Payment is due within 30 days of invoice.
6. NON-APPROPRIATION
6.1. This Agreement is a commitment of Contracting Agency’s current revenues only for the term
of this Agreement.
6.2. It is understood and agreed that Contracting Agency shall have the right to terminate this
Agreement at the end of any Contracting Agency fiscal year if the governing body of the
Contracting Agency does not appropriate funds sufficient to compensate for the services, by
providing immediate written notice to Service Provider of the non-appropriation.
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7. PROFESSIONAL SERVICES TO BE PROVIDED
7.1. Service Provider will work with Contracting Agency/AHJ to develop the medical testing
parameters of the Annual Medical Examination for Incumbent Firefighters using the latest
version of NFPA 1582, as well as the Job Descriptions provided in Exhibit “F” of this Agreement
as a basis of the Annual Medical Examination and adding the most recent, best medical
science standards, in cardiovascular testing, blood work, and other medical testing to include
testing for pulmonary function and cancer.
7.2. Service Provider will work with Contracting Agency to provide an annual “Psychological
Wellness Check” for Incumbent Firefighters during their Annual Medical Evaluation known as
the Human Performance Assessment. The Human Performance Assessment will be conducted
by a Physician Assistant or MD/DO.
7.3. Service Provider will work with Contracting Agency/AHJ to test Candidate Firefighters using
standards found in the latest version of NFPA 1582 as well as the Job Descriptions provided in
Exhibit “F” of this Agreement.
7.4. Service Provider will work with Contracting Agency/AHJ to provide Candidate Firefighters with
an optional entry-level Psychological Evaluation by a qualified Psychologist.
7.5. Service Provider will require Participants’ cell phone numbers and email addresses in order to
communicate and gather important information concerning the Annual Medical Evaluation
data requirements and scheduling information.
8. LIMITED SCOPE OF MEDICAL EVALUATION
8.1. Service Provider’s Annual Medical Evaluation is limited to only those services specified in
Exhibit “B” “Scope of Services” and in compliance with Exhibit “C”, and “D” using the latest
version of NFPA 1582 with modifications for Incumbent Firefighters.
8.2. The Annual Medical Evaluation is intended to meet or exceed those testing parameters as
found in the latest version of NFPA 1582 and based on the most updated, adopted, and
acceptable medical industry standards.
8.3. The Annual Medical Evaluation is conducted for the sole purpose of providing a
recommendation to Contracting Agency regarding Participant’s medical fitness for duty.
8.4. It is understood that medical and psychological evaluations are NOT a functional or
occupational assessment. If an Incumbent Firefighter, Candidate Firefighter, or staff
participant refuses to acknowledge the limited scope of service or refuses to participate in
any part of the evaluation, then Service Provider reserves the right to decline to make a
recommendation of that Participant’s medical fitness for duty.
8.5. It is also understood that an Annual Medical Evaluation alone cannot determine the
occupational success of the Participant, and therefore, Service Provider recommends that
Contracting Agency combines the Annual Medical Evaluation with other occupational
specific evaluations in determining a Participant’s overall fitness for duty such as a job
analysis and skill performance for the essential elements of the job.
8.6. Contracting Agency acknowledges that Psychological Evaluations cannot determine the
occupational success of a Participant, and therefore, Contracting Agency releases Service
Provider from any adverse candidate outcome.
8.7. This Annual Medical Evaluation is partially based on Job Descriptions created and approved
by Contracting Agency. See Exhibit “F” of this Agreement for said Job Descriptions.
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8.8. AHJ or Contracting Agency is not required to adopt the latest version of NFPA 1582.
8.9. Contracting Agency’s final authority for work and/or employment will remain with the Fire
Chief/AHJ.
9. DISPUTED RESULTS
9.1. This Agreement is between Contracting Agency and Service Provider only. SERVICE
PROVIDER SHALL NOT HAVE AN AGREEMENT WITH THE PARTICIPANT(S) TESTED.
9.2. In the event the Participant disputes the recommendation submitted by Service Provider to
Contracting Agency, the resolution of such dispute will be accomplished through a process
to be established by Service Provider and Contracting Agency.
9.3. Since medical clearance recommendations by Service Agency are based upon the standards
put forth in NFPA 1582, as well as the applicable Job Descriptions and approved
modifications by Contracting Agency for Participants and agreed upon in this Agreement,
any expense incurred for re-testing or re-evaluation will be Contracting Agency’s sole
responsibility.
9.4. Since medical clearance recommendations by Service Agency are based upon the standards
put forth in NFPA 1582, as well as applicable Job Descriptions (Exhibit “F”) with agreed upon
modifications and approved by Contracting Agency for Candidate Firefighters and agreed
upon in this, any expense incurred for re-testing or re-evaluation will be the Contracting
Agency sole responsibility.
EVALUATIONS PROVIDED
10. ANNUAL INCUMBENT FIREFIGHTER MEDICAL EVALUATIONS
10.1. Service Provider will provide an Annual Medical Evaluation for Participants identified by
Contracting Agency, as set forth in the attached Exhibit “A” “Requirements”, and in
compliance with Exhibit “F”, Contracting Agency Job Descriptions.
10.2. In addition, Contracting Agency may initiate a change order to add additional lab tests and
other components made available by Service Provider at Service Provider’s then current
pricing.
11. PRE-EMPLOYMENT CANDIDATE FIREFIGHTER MEDICAL EVALUATION
11.1. The Service Provider will perform Pre-Employment Medical Evaluations and Psychological
Evaluations for Contracting Agency, addressing the applicable components listed under the
provisions in Exhibit “A”, “Requirements”, and in compliance with the 2022 version of NFPA
1582 as well as the Job Descriptions provided in Exhibit “F” of this Agreement.
12. LOCATION AND SCHEDULE OF SERVICES TO BE PROVIDED
12.1. Annual Medical Evaluations will be conducted by Service Provider at a location mutually
agreeable to the Parties.
12.2. These Annual Medical Evaluations will be provided on a schedule that is mutually agreeable
to the Parties, with the understanding that all Annual Medical Evaluations must be
completed by the end of the Agreement Term.
12.3. Pre-Employment Medical Evaluations will take place at one of Service Provider’s clinics on a
schedule mutually agreeable to the Parties.
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12.4. Service Provider specifically acknowledges that time is of the essence for scheduling Pre-
Employment Medical and Psychological Evaluations and will make all reasonable efforts to
complete such evaluations within the time specified by Contracting Agency.
12.5. Contracting Agency acknowledges that it takes no less than two weeks to coordinate,
schedule, perform and report on any Medical Evaluations performed for Pre-Employment
Medical Evaluations.
12.6. Contracting Agency acknowledges that it takes no less than three weeks to coordinate,
schedule, perform and report on any Psychological Evaluations performed for Pre-
Employment or, Post-Offer Psychological Evaluations. Service Provider reserves the right to
conduct Psychological Evaluations via a HIPAA compliant telehealth platform.
13. ADDITIONAL SERVICES
13.1. To receive any additional services not provided for under this Agreement, Contracting Agency
must separately contract with Service Provider under a change order. No services other than
those specifically identified under this Agreement will be provided without a change order.
13.2. Additional services may be requested by Contracting Agency at any time and will be consistent
with the services and fees set forth in Exhibit B, “Scope of Services and Fee Schedule,” of the
Agreement.
ADDITIONAL TERMS AND CONDITIONS
14. TERMINATION
14.1. Contracting Agency may terminate this Agreement for non-appropriation of sufficient funds,
pursuant to Paragraph 5.
14.2. If either Party materially breaches any covenant under this Agreement, the other Party may
notify the breaching Party in writing and, if the breach is not cured within 30 days, the non-
breaching Party may terminate this Agreement.
14.3. Service Provider may immediately suspend services if it reasonably believes continued service
would violate State or Federal law or violate applicable rules of professional conduct. Service
Provider shall provide prior notice to Contracting Agency of suspended services.
14.4. In the event that this Agreement is terminated prior to the Expiration Date, Contracting
Agency shall pay Service Provider for all services actually rendered up to the effective date of
termination and Service Provider shall continue to provide Contracting Agency with services
requested by Contracting Agency and in accordance with this Agreement up to the effective
date of termination. Upon termination of this Agreement for any reason, Service Provider
shall provide Contracting Agency with copies of all completed or partially completed
documents prepared under this Agreement. In the event Service Provider has received access
to Contracting Agency’s information or data as a requirement to perform services hereunder,
Service Provider shall return all Contracting Agency provided data to Contracting Agency in a
machine-readable format or other format deemed acceptable by Contracting Agency.
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15. INDEPENDENT CONTRACTING AGENCY
15.1. The Agreement shall not be construed as creating an employer/employee relationship, a
partnership, or joint venture. Service Provider’s services shall be those of an independent
contracting agency.
15.2. Service Provider agrees and understands that the Agreement does not grant any rights or
privileges established for employees of Contracting Agency.
15.3. Service Provider shall not be within protection or coverage of Contracting Agency’s Worker
Compensation Insurance, Health Insurance, Liability Insurance, or any other insurance that
Contracting Agency, from time to time, may have in force for its existing employees.
16. NON DISCOSURE AND CONFIDENTIALLY
16.1. Both Parties to this Agreement agree and understand that from time to time they may
receive from each other certain information that is confidential to both Parties, hereinafter
“Confidential Information.” Contracting Agency understands that: (i) Confidential
Information is commercially and competitively valuable to Service Provider and that it and
its protection are vital to the success of Service Provider’s business; (ii) the use or disclosure
of Confidential Information by Contracting Agency, except in accordance with this
Agreement, would cause irreparable harm to Service Provider; and (iii) nothing contained in
this Agreement shall prohibit Service Provider from pursuing any remedies, whether at law
or in equity, available to Service Provider for a breach or threatened breach of this
Agreement, including the recovery of damages from, and injunctive relief against Contracting
Agency and its members, both appointed or elected.
16.2. During the term of this Agreement and following the termination thereof, Contracting Party,
to the extent permitted by law, will not use or disclose, directly or indirectly, any Confidential
Information in any manner or for any purpose not in accordance with this Agreement or
Texas law.
16.3. Upon termination of this Agreement, or at any time upon Service Provider’s request,
Contracting Party agrees to surrender to Service Provider, or destroy at Service Provider’s
request, some or all records, notes, notebooks, or the like, relating to Service Provider’s
operations, products, or business made or received by it during the term of this Agreement.
16.4. Upon termination of this Agreement, Contracting Party will return all other Service Provider’s
property in its custody, and shall be bound by this Non-Disclosure and Confidentiality
Agreement. Notwithstanding the foregoing, Contracting Party may disclose Confidential
Information to the extent required by law. As required by the Texas Public Information Act
(the “Act”), Contracting Party will notify Service Provider in the event a public information
request made to Contracting Party encompasses any information protected by this
Agreement. As authorized by the Act, Service Provider may submit arguments against
disclosure of the requested information directly to the Office of the Texas Attorney
General. Contracting Party will only release the requested information if required to do so
by the Office of the Texas Attorney General.
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17. HIPAA COMPLIANCE
17.1. Service Provider is currently compliant and will remain compliant with all security measures
required by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and
the Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH”).
17.2. Contracting Agency acknowledges that once Service Provider has delivered a medical or
psychological evaluation recommendation, as outlined in this Agreement, it is Contracting
Agency’s responsibility to maintain these reports and protect this information as outlined by
HIPAA and HITECH.
18. INSURANCE
18.1. Service Provider shall keep in full force and effect insurance coverage during the term of this
Agreement, including without limitation statutory workers’ compensation insurance;
employer’s liability and commercial general liability insurance; and comprehensive
automobile liability insurance if appropriate.
18.2. The insurance certificate shall name Contracting Agency, its agents, officers, servants, and
employees as additional insureds under the commercial general liability and automobile
policies with respect to the operations and work performed by the named insured as
required by written contract.
18.3. The General Liability policy is Primary & Non-Contributory.
18.4. Waiver of Subrogation applies under the General Liability and Workers’ Compensation
policies. The commercial general liability insurance minimum coverage shall be at least
$1,000,000 per incident, claim or occurrence, and $1,000,000 aggregate. The Automobile
Liability insurance minimum coverage shall be at least $350,000 covering all owned, non-
owned, and hired vehicles. The certificate shall provide that there will be no cancellation,
termination, or non-renewal of the insurance coverage without a minimum 30-day written
notice to Contracting Agency, except in the case of cancellation for non-payment of
premium, which shall be at least 10 days written notice.
19. LIABILITY AND INDEMNIFICATION
19.1. SERVICE PROVIDER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS,
PROPERTY DAMAGE, AND/OR PERSONAL INJURY TO ANY AND ALL PERSONS, OF ANY KIND
OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE, OR INTENTIONAL MISCONDUCT OF
SERVICE PROVIDER, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES.
19.2. FURTHERMORE, SERVICE PROVIDER HEREBY COVENANTS AND AGREES TO INDEMNIFY,
HOLD HARMLESS, AND DEFEND CONTRACTING AGENCY, ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF
ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE
OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO SERVICE PROVIDER'S BUSINESS AND
ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY TO ANY AND ALL PERSONS
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY
THE NEGLIGENT ACTS OR OMISSIONS, MALFEASANCE, OR INTENTIONAL MISCONDUCT OF
SERVICE PROVIDER, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES.
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19.3. FURTHERMORE, TO THE EXTENT PERMITTED BY TEXAS LAW, CONTRACTING AGENCY
HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND
SERVICE PROVIDER, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO CONTRACTING AGENCY’S BUSINESS AND ANY RESULTING COSTS)
AND/OR PERSONAL INJURY TO ANY AND ALL PERSONS ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS
OR OMISSIONS OR MALFEASANCE OF CONTRACTING AGENCY, ITS OFFICERS, AGENTS,
SERVANTS, OR EMPLOYEES.
20. FORCE MAJEURE
20.1. Contracting Agency and Service Provider will exert all efforts to perform the tasks set forth
herein within the proposed schedules. However, neither Contracting Agency nor Service
Provider shall be held responsible for inability to perform under this Agreement if such
inability is a direct result of a force substantially beyond its control, including but not limited
to the following: strikes, riots, civil disturbances, fire, insurrection, war, embargoes, failures
of carriers, acts of God, or the public enemy.
21. CONFLICTS OF INTEREST
Texas Local Government Code Chapter 176 (“Chapter 176”) requires the disclosure of certain
matters by contracting agencies doing business with or proposing to do business with local
governmental agencies such as Contracting Agency. Service Provider has reviewed Chapter
176 and, if it is required to do so, will disclose such matters within seven (7) days of the date
of submitting this Agreement to Contracting Agency, or within seven (7) days of becoming
aware of a matter that requires disclosure, whichever is applicable.
22. NON-BOYCOTT VERIFICATION
For purposes of Chapter 2270 of the Texas Government Code, Service Provider represents
and warrants that, at the time of execution and delivery of this Agreement, neither Service
Provider, nor any wholly owned subsidiary, majority owned subsidiary, parent company, or
affiliate of Service Provider, boycotts Israel. Service Provider agrees that, except to the extent
otherwise required by applicable federal law, neither Service Provider nor any wholly owned
subsidiary, majority owned subsidiary, parent company, or affiliate of Service Provider, will
boycott Israel during the term of this Agreement. The terms “boycotts Israel” and “boycott
Israel” as used in this clause have the meaning assigned to the term “boycott Israel” in
Section 808.001 of the Texas Government Code.
23. NO BUSINESS WITH FOREIGN TERRORIST VERIFICATION
For purposes of Subchapter F of Chapter 2252 of the Texas Government Code, Service
Provider represents and warrants that, at the time of execution and delivery of this
Agreement, neither Service Provider, nor any wholly owned subsidiary, majority owned
subsidiary, parent company, or affiliate of Service Provider engages in business with Iran,
Sudan, or any foreign terrorist organization, as described in Chapter 2252 of the Texas
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Government Code, or is a company listed by the Texas Comptroller under sections 2270.0201
or 2252.153 of the Texas Government Code. The term “foreign terrorist organization” as
used in this clause has the meaning assigned to such term in Section 2252.151 of the Texas
Government Code.
24. NO WAIVER
The waiver by either Party of a breach or violation of any provision of this Agreement shall
not operate as or be construed as a waiver of any subsequent breach hereof.
25. NONDISCRIMINATION
25.1. Service Provider, with regard to the work performed by it after award and prior to
completion of this Agreement, shall not discriminate on the basis of race, color, sex, or
national origin, including procurements of materials and leases of equipment. Service
Provider shall not participate either directly or indirectly in the discrimination prohibited by
any Federal, State, or Local law.
25.2. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION
COVENANT BY SERVICE PROVIDER, ITS PERSONAL REPRESENTATIVES, ASSIGNS, OR
SUCCESSORS IN INTEREST, SERVICE PROVIDER AGREES TO ASSUME SUCH LIABILITY AND TO
INDEMNIFY AND DEFEND CONTRACTING AGENCY AND HOLD CONTRACTING AGENCY
HARMLESS FROM SUCH CLAIM.
26. RIGHT TO AUDIT
26.1. Service Provider agrees that the representatives of Contracting Agency shall have access to,
and the rights to audit, examine, and reproduce any and all Service Provider business
records related to the performance under this Agreement.
26.2. Service Provider shall retain all such records for a period of three (3) years after final
payment on this Agreement or until all audit and litigation matters that Contracting Agency
has brought to the attention of Service Provider are resolved, whichever is longer.
27. NOTICES.
Any notice or communication permitted or required by this Agreement shall be deemed
effective when personally delivered or deposited, postage prepaid, in the first-class mail of
the United States properly, or sent via electronic means, addressed to the appropriate party
at the address set forth in the identification of Parties section of this Agreement.
28. CONSTRUCTION
The captions or headings in this Agreement are for convenience only and do not define,
limit, or otherwise describe the scope or intent of any provision or section of this
Agreement. References to the singular include the plural and vice versa.
29. SEVERABILITY
If any provision of this Agreement is found to be contrary to law by a court of competent
jurisdiction, such provision shall be of no force or effect; but the remainder of this
Agreement shall continue in full force and effect.
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30. COMPLETE AGREEMENT
This Agreement supersedes all prior oral or written agreements and understandings
between the Parties respecting the subject matter thereof, and constitutes the entire
agreement between the Parties, and cannot be changed unless mutually agreed upon in
writing by both Parties.
31. GOVERNING LAW: SUCCESSORS AND ASSIGNS
31.1. This Agreement and all matters or issues directly or collaterally relating thereto shall be
interpreted by, governed in accordance with, and construed pursuant to the laws of the
State of Texas without regard to its conflict of laws and rules, and both Parties agree to
submit to jurisdiction in Texas.
31.2. Further, any action arising out of or relating to the performance of the parties hereunder,
or the interpretation of this Agreement shall be brought exclusively in a court of competent
jurisdiction located in Williamson County, Texas.
31.3. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and
their respective permitted successors and assigns.
32. COUNTERPARTS
This Agreement may be executed in one or more counterparts and each counterpart shall,
for all purposes, be deemed an original, but all such counterparts shall together constitute
one and the same instrument.
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EXHIBIT A
Requirements
NFPA 1582 is not incorporated by reference due to the size of the document. However, the 14 Essential
Jobs tasks are included for reference and can be superseded by the Contracting Agency’s job description
if provided to Service Provider:
(1)Wearing personal protective equipment (PPE) and self-contained breathing apparatus (SCBA)
while performing firefighting tasks (e.g., hose line operations, extensive crawling, lifting, and
carrying heavy objects, ventilating roofs or walls using power or hand tools, forcible entry),
rescue operations, and other emergency response actions under stressful conditions, including
working in extremely hot or cold environments for prolonged time periods
(2)Wearing an SCBA, which includes a demand-valve-type positive-pressure facepiece or HEPA
filter mask, which requires the ability to tolerate increased respiratory workloads
(3)Exposure to toxic fumes, irritants, particulates, biological (i.e., infectious) and nonbiological
hazards, or heated gases, despite the use of PPE and SCBA
(4)Climbing at least six flights of stairs or walking a similarly strenuous distance and incline in
jurisdictions without tall buildings while wearing PPE and SCBA, commonly weighing 40–50 lb.
(18–23 kg) and carrying equipment/tools weighing an additional 20–40 lb. (9–18 kg)
(5)Wearing PPE and SCBA that is encapsulating and insulated, which will result in significant fluid
loss that frequently progresses to clinical dehydration and can elevate core temperature to
levels exceeding 102.2°F (39°C)
(6)Working alone while wearing PPE and SCBA, searching, finding, and rescue-dragging or carrying
victims ranging from newborns to adults weighing over 165 lb. (75 kg) to safety despite
hazardous conditions and low visibility
(7)While wearing PPE and SCBA, advancing water-filled hose lines up to 1 3⁄4 in. (45 mm) in
diameter from fire apparatus to occupancy [approximately 150 ft (50 m)], which can involve
negotiating multiple flights of stairs, ladders, and other obstacles
(8)While wearing PPE and SCBA, climbing ladders, operating from heights, walking, or crawling in
the dark along narrow and uneven surfaces that might be wet or icy, and operating in proximity
to electrical power lines or other hazards
(9)Unpredictable, prolonged periods of extreme physical exertion as required by emergency
operations without benefit of a warm-up period, scheduled rest periods, meals, access to
medication(s), or hydration
(10) Operating fire apparatus or other vehicles in an emergency mode with emergency lights and
sirens
(11) Critical, time-sensitive, complex problem solving during physical exertion in stressful, hazardous
environments, including hot, dark, tightly enclosed spaces, that is further aggravated by fatigue,
flashing lights, sirens, and other distractions
(12) Ability to communicate (i.e., give and comprehend verbal orders) while wearing PPE and SCBA
under conditions of high background noise, poor visibility, and drenching from hose lines or
fixed protection systems (e.g., sprinklers)
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(13) Functioning as an integral component of a team, where sudden incapacitation of a member can
result in mission failure or in risk of injury or death to members of the public or other team
members
(14) Working in shifts, including during nighttime, that can extend beyond 12 hours
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EXHIBIT B
Scope of Services and Fee Schedule
Exams and Tests to be done
Contracting Agency has chosen the “Essentials” level of services for its Annual Medical Evaluations from
Service Provider for the October 1, 2023 to September 30, 2024 contract period.
Service Provider reserves the right, upon prior notice to Contracting Agency, to modify the list of
services in this Exhibit in the event better results can be obtained by using different lab tests or
methodologies. Cost will not change without the approval of the Contracting Agency.
Additional lab tests are available and can be added to this Agreement at Service Provider’s then current
pricing through the Change Order process established by Service Provider.
For the 2023-24 contract period of October 1, 2023 – September 30, 2024, the general scope of
services to be performed by Service Provider for an Annual Medical Evaluation includes, but is not
limited to, the following:
Cost per Participant for the October 1, 2023 to September 30, 2024 contract period is $604.
As an option for October 1, 2023 to September 30, 2024 contract period and subsequent years,
Service Provider does offer a more comprehensive package of lab tests, behavioral health
assessments, cardio-vascular testing, and cancer screening. This package would be the PARTNERSHIP
tier.
ESSENTIALS LEVEL LAB TESTS AND PHYSICAL EXAMS
Vision Screening
Body Composition Analysis
Cancer Screening Ultrasound: thyroid, testicular (male only), abdomen (liver, gallbladder, pancreas, spleen, kidneys, ovaries,
non-invasive) Alternating Years
• Lipid Panel
• Comprehensive Metabolic Panel
• Prostate Specific Antigen (male) or CA-125 (female) (In Cancer-screening years)
• Urinalysis, with microscopic
• Fecal Occult Blood (in Cancer-screening years)
• HBA1C
Audiogram
Cardiopulmonary Exercise Test (CPET) Alternating Years with Chest X-Ray/Ultrasound
Chest Radiograph (X-Ray) Alternating Years
• Complete CBC
Personalized Risk Assessment
Health Questionnaire & Screening
Annual Human Performance Assessment
Physical Examination & Consultation w/ Medical Provider
LABORATORY ANALYSIS:
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Components and prices are shown in the following tables:
The most comprehensive level of services we offer is the PARTNERSHIP tier, which offers more extensive
lab testing and provides the most comprehensive experience for the Participant. The price for
PARTNERSHIP for October 1, 2023 to September 30, 2024 contract period is $861 per Participant and is
subject to change in subsequent years.
PARTNERSHIP LEVEL LAB TESTS AND PHYSICAL EXAMS
Vision Screening
Body Composition Analysis
Personalized Risk Assessment
Health Questionnaire & Screening
Annual Human Performance Assessment
Physical Examination & Consultation w/ Medical Provider
LABORATORY ANALYSIS:
• Complete CBC
• Lipid Panel
• Comprehensive Metabolic Panel
• Prostate Specific Antigen (male) or CA-125 (female)
• Urinalysis, with microscopic
• Fecal Occult Blood
• C-Reactive Protein
• Uric Acid
• HBA1C
Audiogram
Cardiopulmonary Exercise Test (CPET)
Chest Radiograph (X-Ray)
Cancer Screening Ultrasound: thyroid, testicular (male only), abdomen (liver, gallbladder, pancreas,
spleen, kidneys, ovaries, non-invasive)
• Free Testosterone
• Cortisol
• TSH (Thyroid)
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In recognition of the importance of only hiring physically and mentally qualified people, Service Provider
offers a comprehensive set of exams and lab tests to Contracting Agency.
For the contract period of October 1, 2023 September 30, 2024, Service Provider is making available as
an option three tiers of Candidate Evaluations, so that Contracting Agency can choose the level of
testing and cost to be undertaken. The choice of tier selected initially can be changed throughout the
year depending upon the requirements of the Contracting Agency.
The entry-level candidate/applicant Medical Evaluation is the Foundations Tier, and it is composed of
the following lab tests and exams:
Cost of Candidate Physical-Foundations Tier per Participant is $ 800.00. This is subject to change in
subsequent years.
Please note: In accordance with paragraph 12.5, if a request is made by Contracting Agency to do a
candidate evaluation in less than two weeks, Service Provider may apply a $250 per exam expediting
charge. In the event such a charge is required, Service Provider will notify Contracting Agency in advance
of starting the evaluation.
CANDIDATE PHYSICAL -FOUNDATIONS TIER
MEDICAL EVALUATION OF CANDIDATES
Individualized Health Risk Appraisal
Medical History Questionnaire & Screening
Physical Examination & Consultation w/ Medical Provider w/ range of motion on
all extremities and spine
Vision test (distance/color/peripheral)
Hernia Exam
LABORATORY ANALYSIS:
• Complete CBC
• Lipid Panel
• Comprehensive Metabolic Panel
• Urinalysis, with microscopic
• Drug Screen 11 w/ETOH
• Uric Acid
• HBA1C
Audiogram
Body Composition Analysis
Cardiopulmonary Exercise Test (CPET)
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Item 20.
18
The next tier candidate evaluation is performed at the Essentials Tier. It provides the following more
extensive list of lab tests and exams:
Cost per Participant at the Essentials Tier level in October 1, 2023 to September 30, 2024 contract period
is $1,200. This is subject to change in subsequent years.
CANDIDATE PHYSICAL - ESSENTIALS TIER
MEDICAL EVALUATION OF CANDIDATES
Individualized Health Risk Appraisal
Medical History Questionnaire & Screening
Human Performance Assessment
Physical Examination & Consultation w/ Medical Provider w/ range of motion on
all extremities and spine
Vision test (distance/color/peripheral)
Hernia Exam
LABORATORY ANALYSIS:
• Complete CBC
• Lipid Panel
• Comprehensive Metabolic Panel
• Prostate Specific Antigen (male) or CA-125 (female)
• Urinalysis, with microscopic
• Fecal Occult Blood
• C-Reactive Protein
• QuantiFERON Gold (TB Test- Blood)
• Hepatitis Profile
• Drug Screen 11 w/ETOH
• Uric Acid
• HBA1C
• TSH Third Generation
• Tetanus IGG
• Measles, Mumps, Rubella (MMR)
• Lipoprotein (a)
Audiogram
Body Composition Analysis
Chest X-Ray
Cardiopulmonary Exercise Test (CPET)
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Item 20.
19
The highest tier candidate evaluation is performed at the Partnership Tier. It provides the following most
extensive list of lab tests and exams:
The cost of Participant at the Partnership Tier level $1,600 in the October 1, 2023 to September 30,
2024 contract period. Should Contracting Agency decide to upgrade the Annual Medical Evaluations to
the Partnership Tier, the cost per Candidate Partnership tier drops to $1,300 for 2023-24. Price is
subject to change in subsequent years.
CANDIDATE PHYSICAL - PARTNERSHIP TIER
MEDICAL EVALUATION OF CANDIDATES
Individualized Health Risk Appraisal
Medical History Questionnaire & Screening
Human Performance Assessment
Physical Examination & Consultation w/ Medical Provider w/ range of motion on
all extremities and spine
Vision test (distance/color/peripheral)
Hernia Exam
LABORATORY ANALYSIS:
• Complete CBC
• Lipid Panel
• Comprehensive Metabolic Panel
• Prostate Specific Antigen (male) or CA-125 (female)
• Urinalysis, with microscopic
• Fecal Occult Blood
• C-Reactive Protein
• QuantiFERON Gold (TB Test- Blood)
• Coagulation Studies (PT, PTT, INR)
• Hepatitis Profile
• Drug Screen 11 w/ETOH
• Uric Acid
• HBA1C
• TSH Third Generation
• Sickle Cell Screen
• Blood Type (ABO and RH Type)
• Tetanus IGG
• Measles, Mumps, Rubella (MMR)
• Lipoprotein (a)
• Heavy Metals
• Cholinesterase
Audiogram
Body Composition Analysis
X-Ray- Chest PA/Lat, Cervical, Thoracic, and Lumbar Spines
Cardiopulmonary Exercise Test (CPET)
Page 169
Item 20.
20
Exhibit C
Charges for Partially Completed Evaluations:
In the event a Participant of Contracting Agency withdraws and does not complete the entire 4-Step
process conducted by Service Provider, cancellation charges will be billed to Contracting Agency, based
on how many of the steps have been completed by the participant. The charges will be based on the
following:
1. If a Participant (Incumbent or Candidate Firefighter) withdraws or is withdrawn after the roster of
names has been submitted to Service Provider, but before any specimens are collected or lab tests have
taken place, a charge of 25% of the cost for an annual or candidate physical will be assessed.
2. If a Participant withdraws after the specimen collection and lab tests, but before any physical testing
has taken place, the charge will be 50% of the cost for an annual or candidate physical.
3. If a Participant withdraws after the physical testing but before the medical examination and one-on-
one consultation with the medical provider, the charge will be 75% of the cost for an annual or
candidate physical.
4. Once the medical exam and consultation have taken place, 100% of the charge will be billed.
In the event a participant withdraws from the process due to injury, FLMA, deployment or other
extenuating circumstances, Service Provider and Contracting Agency agree to negotiate an appropriate
cancellation charge, depending on if/when the participant is scheduled to resume duties.
Make up Policy
Service Provider will coordinate and reschedule any portion of the Annual Medical Evaluation directly
with any member that was not available during the pre-determined event schedule for up to 30 days
after the last scheduled medical exam and provider consultation (#4) as listed above. After 30 days,
Contracting Agency accepts the responsibility to coordinate with Service Provider for these services.
Service Provider will bill for partially completed exams as referenced above after 30 days for all services
rendered. Make ups will occur at one of Service Provider’s physical offices and not Contracting Agency’s
location.
Page 170
Item 20.
21
Exhibit D
Scope of Services and Fee Schedule for Psychological Suitability Evaluations
The purpose of this optional psychological screening, conducted by the Front Line staff forensic
psychologist, is twofold. When evaluating potential firefighters, the goal is to screen-out or deselect
candidates who do not meet minimum requirements and standards. When evaluating sworn officers
considered for promotion or movement to positions of greater responsibility, the goal is to select-in or
identify the best candidates from among those who have already been determined to meet minimum
qualifications.
The psychological evaluation is conducted at the post-offer phase or during the promotion evaluation
phase, although both include an assessment of normal-range personality traits and characteristics. The
test scores are interpreted within the context of other information gathered from interviews, behavioral
observations, reviews of psychological and other relevant medical records, as well as information
provided by third parties (e.g., background investigators, health professionals). The integration of
information from across a variety of sources serves to strengthen the confidence placed in the resulting
inferences.
The cost per suitability evaluation for October 1, 2023 to September 30, 2024 contract period is $ 475.00
per Participant.
SUITABILITY EVALUATION
Completed Risk Matrix
Dichotomous Recommendation for Hire
Individualized evaluation
Review of Department Documents (investigation, polygraph)
Clinical Interview with Psychologist
Psychological Testing:
• Personality Assessment Inventory (PAI)
• State and Trait Anxiety Inventory (STAXI)
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Item 20.
22
Exhibit E
Examinee Waiver
Scope of Service
To be signed by each Participant examined
By initialing and signing below, I acknowledge that I understand the scope of the medical services I
receive today is solely to identify whether I am physically and mentally able to continue to perform my
essential job duties without undue risk of harm to myself or others, in accordance with the standards
established under the National Fire Protection Association 1582 (Standard on Comprehensive
Occupational Medical Program for Fire Departments, 2022 Edition).
Initial ______
I acknowledge and understand that Front Line Mobile Health, PLLC is not establishing a patient-provider
relationship. This evaluation is performed pursuant to the Professional Services Agreement between
Front Line Mobile Health, PLLC and your department, and/or Texas Local Government Code, Chapter
143 (if applicable), and/or your department’s labor/management agreement (if applicable) and it does
not replace those evaluations or health care treatment plans recommended by my primary care
physician/manager or other specialty provider. I will discuss any abnormal findings or results with my
primary care physician/manager for a comprehensive diagnosis and treatment plan.
Initial _____
Please note that due to the sensitivity of the testing equipment and lab procedures used by Front Line
Mobile Health, PLLC, abnormal results and findings, along with revaccination or intervention after
certain exposures, may be detected that are of insignificant physiological importance concerning your
ability to perform your duties. However, they may warrant a recommended referral to your primary care
physician/manager. You are encouraged to discuss these abnormal results and findings with them.
Please note that Front Line Mobile Health, PLLC will not reimburse you or your department for the cost
of any appointments, additional examinations, or testing you and your primary care physician choose to
undertake.
Initial _____
This medical evaluation consists of an examination of major body systems, the analysis of laboratory
results, radiographic studies, online questionnaires, and various other diagnostic studies. All findings and
results are strictly confidential and will be provided only to me unless I provide a separate written
consent for their release. However, I fully understand and acknowledge that the specific information,
results, and findings from the medical examination, evaluation, laboratory results, and medical findings,
will form the basis of the Medical Director’s recommendation to the Fire Chief regarding my continued
fitness for duty.
Initial _____
Non-identifiable aggregated medical and health information gathered from this and other co-workers’
medical examinations will be used to monitor acute and long-term effects of the working environment;
detect patterns of disease in the workforce; provide quantifiable medical information on the entire
workplace; to inform others in the workforce of the occupational hazards of your occupation; and for
research studies that will be used to identify patterns, make correlations, and drive positive change in
your chosen profession.
Initial _____
Page 172
Item 20.
23
I acknowledge that the Fire Chief, his/her designee, or the Authority Having Jurisdiction makes the final
determination on employment, work restrictions and adherence to medical recommendations. Front
Line Mobile Health, PLLC and its medical director have no authority or jurisdiction as it relates to my
work status, they only make recommendations. If I wish to question or contest the results of this exam, I
must do so using the rules and regulations adopted in the Professional Services Agreement between my
organization and Front Line Mobile Health, PLLC.
Initial _____
___________________________________ _____________
Examinee Signature Date
Copy: Examinee
Medical File
Page 173
Item 20.
24
Exhibit F (Optional)
Contracting Agency Job Descriptions
Page 174
Item 20.
Page 1 of 3
Standard Operating Guidelines No. 107.0
Fire Captain
Issuance Date:
03/2002
Last Revision Date:
07/30/2020
Last Review Date:
03/21/2022
Authorized by: Stuart Blasingame, Fire Chief
Summary: Serves under general direction of the Assistant Fire Chief. Oversees and directs the activities of an
assigned fire station; supervises subordinate personnel engaged in providing emergency services, and acts for
supervising officers in their absence. Supervises and performs a variety of highly technical and specialized tasks
involving and/or related to fire suppression, emergency medical services, rescue, hazardous materials incidents,
fire prevention, fire inspections, administration, and other special assignments as required. Supervises emergency
and non-emergency incident scenes unless relieved by a higher ranking officer. Performs other duties as assigned.
The following duties are typical of this classification and are intended only to describe the various types of work
that may be performed, the level of technical complexity of the assignment(s), and are not intended to be an all-
inclusive list of duties. The omission of a specific duty statement does not exclude it from the position if the work
is consistent with the concept of the classification, or is similar or closely related to another duty statement to
address business needs and changing business practices.
Essential Job Functions:
• Oversees, directs, and supervises subordinate personnel.
• Supervises and monitors shift activities at assigned fire station.
• Directs and supervises the maintenance of fire station facilities, grounds, vehicles, and properties.
• Be knowledgeable of the department standard operating guidelines and Town policies.
• Interprets and explains department standard operating guidelines and Town policies to the public and
Department members.
• Responds to emergency and non-emergency calls for service.
• Takes command at the scene of an emergency incident until the arrival of a higher level supervising officer.
• Provides appropriate level of medical assistance when necessary.
• Evaluates and approves department training needs of assigned staff.
• Maintain required certifications.
• Interprets fire department rules and regulations for subordinate personnel; prepares letters, memorandums,
reports, and station logs.
• Responds to requests and inquiries from the general public, other department personnel, and other Town
departments.
• Prepare, review, process, and maintain accurate required reports and records.
• Completes assigned special projects in area of expertise or as assigned.
• Regular and consistent attendance for the assigned work hours is essential.
Required Knowledge and Skills:
• Knowledge of administration and supervision of assigned fire stations.
• Knowledge of emergency medical services.
• Knowledge of ambulance operation principles and practices.
• Knowledge of fire prevention, suppression, and education methods, practices and procedures for a variety of
fire, hazardous materials responses, emergency management systems and rescue operations.
• Knowledge and skill associated with operating specialized communication equipment.
• Knowledge of safe work practices and procedures.
• Knowledge of pertinent federal, state and local laws, codes and regulations.
• Proficiency in the use of computers and related hardware and software for development and maintenance of
Page 175
Item 20.
Page 2 of 3
Standard Operating Guidelines No. 107.0
Fire Captain
Issuance Date:
03/2002
Last Revision Date:
07/30/2020
Last Review Date:
03/21/2022
Authorized by: Stuart Blasingame, Fire Chief
safety and health inspections, annual reviews, and other documentation.
• Ability to exercise sound judgment and rational thinking under stressful and/or dangerous circumstances.
• Ability to evaluate various options and alternatives and choose an appropriate and reasonable course of action.
• Skill in effective oral and written communications.
• Skill in implementing assigned fire station procedures and objectives.
• Skill in effectively supervising and delegating duties to assigned staff.
• Skill in resolving customer complaints and concerns.
• Skill in effectively supervising and delegating assignments to assigned staff.
Required Education, Experience and Certifications:
• Held previous rank of Fire Lieutenant or equivalent.
• High School graduation or equivalent, preferably supplemented by college level courses in Fire Science.
• Four (4) years of full time experience as a firefighter.
• Current on all TDSHS requirements for paramedic certification.
• Current on all TCFP requirements for all required certifications.
• Successful completion of all medical control requirements to perform as a Paramedic with the Prosper Fire
Department.
• Must possess and maintain a valid Texas Class B Exempt driver’s license.
• Must maintain a satisfactory rating on annual performance evaluation reports.
• Must possess the following certifications (by application deadline):
1. Texas Department of State Health Services (TDSHS) Paramedic.
2. Texas Commission on Fire Protection (TCFP) Driver/Operator.
3. Texas Commission on Fire Protection (TCFP) Fire Instructor II.
4. Texas Commission on Fire Protection (TCFP) Fire Officer II.
5. Texas Commission on Fire Protection (TCFP) Incident Safety Officer.
6. Texas Commission on Fire Protection (TCFP) Intermediate Firefighter.
7. NIMS Certifications 100, 200, 700, 800.
Environmental Factors and Conditions/Physical Requirements:
• Work is performed in office and field environments.
• May be subject to repetitive motion such as typing, data entry, and vision to monitor.
• May be subject to exposure to extreme temperatures, extreme weather conditions, hazardous chemicals, toxic
fumes, unstable buildings and structures, infectious diseases, body fluids, air and water borne pathogens.
• May be subject to wearing full protective clothing and self-contained breathing apparatus for extended periods
of time.
• May be subject to extended periods of bending, reaching, kneeling, climbing and standing on ladders and lifts,
walking over unstable surfaces and terrain, lifting and carrying up to 70 pounds unassisted, dragging up to
160 pounds unassisted, and handling and operating high pressure water hoses.
• May be exposed to hostile, angry or emotional citizens, patients and business owners.
Equipment and Tools Utilized
• Equipment utilized includes standard office equipment, including but not limited to personal computers,
copiers, calculators, and fax machines.
Page 176
Item 20.
Page 3 of 3
Standard Operating Guidelines No. 107.0
Fire Captain
Issuance Date:
03/2002
Last Revision Date:
07/30/2020
Last Review Date:
03/21/2022
Authorized by: Stuart Blasingame, Fire Chief
• Operates specialized rescue and emergency medical response equipment including but not limited to two-way
radio equipment, intubation and IV equipment, heart monitor/defibrillators and department vehicles.
PROSPER'S PURPOSE - PROSPER IS A PLACE WHERE EVERYONE MATTERS
My signature below indicates I have read and understand the duties and responsibilities listed herein.
Signature Printed name
Date
ADA/EOE
Page 177
Item 20.
Page 1 of 3
Standard Operating Guidelines No. 108.0
Fire Lieutenant
Issuance Date:
03/2002
Last Revision Date:
07/30/2020
Last Review Date:
03/21/2022
Authorized by: Stuart Blasingame, Fire Chief
Summary: Serves under general direction of the Fire Captain. Oversees and directs the activities of an assigned fire
station; supervises subordinate personnel engaged in providing emergency services, and acts for supervising officers
in their absence. Supervises and performs a variety of highly technical and specialized tasks involving and/or related
to fire suppression, emergency medical services, rescue, hazardous materials incidents, fire prevention, fire
inspections, administration, and other special assignments as required. Supervises emergency and non-emergency
incident scenes unless relieved by a higher ranking officer. Performs other duties as assigned.
The following duties are typical of this classification and are intended only to describe the various types of work that
may be performed, the level of technical complexity of the assignment(s), and are not intended to be an all-inclusive
list of duties. The omission of a specific duty statement does not exclude it from the position if the work is consistent
with the concept of the classification, or is similar or closely related to another duty statement to address business
needs and changing business practices.
Essential Job Functions:
• Oversees, directs, and supervises subordinate personnel.
• Supervises and monitors shift activities at assigned fire station.
• Directs and supervises the maintenance of fire station facilities, grounds, vehicles, and properties.
• Be knowledgeable of the department standard operating guidelines and Town policies.
• Interprets and explains department standard operating guidelines and Town policies to the public and Department
members.
• Responds to emergency and non-emergency calls for service.
• Takes command at the scene of an emergency incident until the arrival of a higher level supervising officer.
• Provides appropriate level of medical assistance when necessary.
• Evaluates and approves department training needs of assigned staff.
• Maintain required certifications.
• Interprets fire department rules and regulations for subordinate personnel; prepares letters, memorandums,
reports, and station logs.
• Responds to requests and inquiries from the general public, other department personnel, and other Town
departments.
• Prepare, review, process, and maintain accurate required reports and records.
• Completes assigned special projects in area of expertise or as assigned.
• Regular and consistent attendance for the assigned work hours is essential.
Required Knowledge and Skills:
• Knowledge of administration and supervision of assigned fire stations.
• Knowledge of emergency medical services.
• Knowledge of ambulance operation principles and practices.
• Knowledge of fire prevention, suppression, and education methods, practices and procedures for a variety of fire,
hazardous materials responses, emergency management systems and rescue operations.
• Knowledge and skill associated with operating specialized communication equipment.
• Knowledge of safe work practices and procedures.
• Knowledge of pertinent federal, state and local laws, codes and regulations.
• Proficiency in the use of computers and related hardware and software for development and maintenance of
Page 178
Item 20.
Page 2 of 3
Standard Operating Guidelines No. 108.0
Fire Lieutenant
Issuance Date:
03/2002
Last Revision Date:
07/30/2020
Last Review Date:
03/21/2022
Authorized by: Stuart Blasingame, Fire Chief
safety and health inspections, annual reviews, and other documentation.
• Ability to exercise sound judgment and rational thinking under stressful and/or dangerous circumstances.
• Ability to evaluate various options and alternatives and choose an appropriate and reasonable course of action.
• Skill in effective oral and written communications.
• Skill in implementing assigned fire station procedures and objectives.
• Skill in effectively supervising and delegating duties to assigned staff.
• Skill in resolving customer complaints and concerns.
• Skill in effectively supervising and delegating assignments to assigned staff.
Required Education, Experience and Certifications:
• Held previous rank of Driver/Engineer or equivalent.
• High School graduation or equivalent, preferably supplemented by college level courses in Fire Science.
• Four (4) years of full time experience as a firefighter.
• Current on all TDSHS requirements for paramedic certification.
• Current on all TCFP requirements for all required certifications.
• Successful completion of all medical control requirements to perform as a Paramedic with the Prosper Fire
Department.
• Must possess and maintain a valid Texas Class B Exempt driver’s license.
• Must maintain a satisfactory rating on annual performance evaluation reports.
• Must possess the following certifications (by application deadline):
1. Texas Department of State Health Services (TDSHS) Paramedic.
2. Texas Commission on Fire Protection (TCFP) Driver/Operator.
3. Texas Commission on Fire Protection (TCFP) Fire Instructor I.
4. Texas Commission on Fire Protection (TCFP) Fire Officer I.
5. Texas Commission on Fire Protection (TCFP) Incident Safety Officer.
6. Texas Commission on Fire Protection (TCFP) Intermediate Firefighter.
7. NIMS Certifications 100, 200, 700, 800.
Environmental Factors and Conditions/Physical Requirements:
• Work is performed in office and field environments.
• May be subject to repetitive motion such as typing, data entry, and vision to monitor.
• May be subject to exposure to extreme temperatures, extreme weather conditions, hazardous chemicals, toxic
fumes, unstable buildings and structures, infectious diseases, body fluids, air and water borne pathogens.
• May be subject to wearing full protective clothing and self-contained breathing apparatus for extended periods
of time.
• May be subject to extended periods of bending, reaching, kneeling, climbing and standing on ladders and lifts,
walking over unstable surfaces and terrain, lifting and carrying up to 70 pounds unassisted, dragging up to 160
pounds unassisted, and handling and operating high pressure water hoses.
• May be exposed to hostile, angry or emotional citizens, patients and business owners.
Equipment and Tools Utilized
• Equipment utilized includes standard office equipment, including but not limited to personal computers, copiers,
calculators, and fax machines.
Page 179
Item 20.
Page 3 of 3
Standard Operating Guidelines No. 108.0
Fire Lieutenant
Issuance Date:
03/2002
Last Revision Date:
07/30/2020
Last Review Date:
03/21/2022
Authorized by: Stuart Blasingame, Fire Chief
• Operates specialized rescue and emergency medical response equipment including but not limited to two-way
radio equipment, intubation and IV equipment, heart monitor/defibrillators and department vehicles.
PROSPER'S PURPOSE - PROSPER IS A PLACE WHERE EVERYONE MATTERS
My signature below indicates I have read and understand the duties and responsibilities listed herein.
Signature Printed name
Date
ADA/EOE
Page 180
Item 20.
Page 1 of 3
Standard Operating Guidelines No. 109.0
Driver Engineer
Issuance Date:
03/2002
Last Revision Date:
07/30/2020
Last Review Date:
03/21/2022
Authorized by: Stuart Blasingame, Fire Chief
Summary: Serves under general direction of the Fire Captain or Fire Lieutenant. Driver/Engineer shall drive,
operate, and maintain fire apparatus according to Fire Department Standard Operating Guidelines; manufacturer
recommendations; motor vehicle laws of the State of Texas; and the rules, regulations, procedures, and policies of
the Town of Prosper. Performs other duties as assigned.
The following duties are typical of this classification and are intended only to describe the various types of work that
may be performed, the level of technical complexity of the assignment(s), and are not intended to be an all-inclusive
list of duties. The omission of a specific duty statement does not exclude it from the position if the work is consistent
with the concept of the classification, or is similar or closely related to another duty statement to address business
needs and changing business practices.
Essential Job Functions:
• Drive and maneuver Fire Department apparatus in a safe, effective, and efficient manner while responding to
emergency or non-emergency incidents, or while fulfilling routine or general driving assignments.
• Operate Fire Department apparatus in support of emergency and non-emergency operations according to
recognized NFPA standards.
• Knowledge of streets and routes within the Town and surrounding areas to ensure expeditious response times.
• Conduct routine care and maintenance of Fire Department apparatus, assuring for operational readiness in
accordance with manufacturer recommendations.
• Maintain daily inspection and maintenance records of assigned Fire Department apparatus.
• Recognize and promptly report safety or mechanical problems immediately to higher ranking officer.
• Perform daily apparatus inventory of fire, rescue, and EMS equipment and supplies of assigned Fire
Department apparatus; reporting missing or damaged equipment immediately to higher ranking officer.
• Participate in fire containment and suppression, ventilation, rescue, property conservation, and customer service
activities while protecting life and property.
• Be knowledgeable of the Fire Department Standard Operating Guidelines and Town policies.
• Administers first aid and emergency medical care to injured/ill persons consistent with the level authorized by
Paramedic certification, established medical protocols, and standard operating procedures.
• Participate in fire prevention, fire protection systems inspections, fire safety education presentations and pre-
fire planning as required.
• Participate in all Fire Department and company level training activities.
• Complete all routine paperwork and reports in a correct and timely manner.
• Receive and execute routine assignments, special projects or programs, and orders as directed by a higher
ranking officer.
• At the direction of, or in the absence of, a higher-ranking officer, assume the responsibilities, activities and
duties of a higher rank until relieved.
• Regular and consistent attendance for the assigned work hours is essential.
Required Knowledge and Skills:
• Skill, knowledge and abilities set forth by the Texas Commission on Fire Protection Basic-Driver/Operator-
Pumper and Basic-Structural Fire Fighter Certifications.
• Demonstrate the application of defensive driving theory and principles as defined by Smith Driving Systems
curriculum and maintain familiarity with all State and local laws, including City and Department rules and
Page 181
Item 20.
Page 2 of 3
Standard Operating Guidelines No. 109.0
Driver Engineer
Issuance Date:
03/2002
Last Revision Date:
07/30/2020
Last Review Date:
03/21/2022
Authorized by: Stuart Blasingame, Fire Chief
regulations governing safe driving practices and operation of all Fire Department vehicles.
• Demonstrate an advanced level of knowledge and awareness for fire apparatus and equipment operating
principles, practices, and procedures in support of fire suppression, rescue and EMS services delivery needs.
• Troubleshoot problems relating to principles and practices of fire pump operation, hydraulics, aerial ladder
operation, and general apparatus performance.
• Demonstrate a working knowledge of the municipal water supply system, including fire hydrant location and
flow, and fixed automatic fire protection systems.
• Knowledge of fire prevention, suppression, and education methods, practices and procedures for a variety of fire,
hazardous materials responses, emergency management systems and rescue operations.
• Knowledge to apply the fundamental concepts, principles, and techniques of modern fire apparatus operation,
application and maintenance, and basic supervisory practices.
• Ability to effectively communicate and present both verbal and written reports as required, function as a valued
Fire Company team member, and interact in a positive and professional manner with peers, superiors, and the
public.
• Knowledge and skill associated with operating specialized communication equipment.
• Ability to exercise sound judgment and rational thinking under stressful and/or dangerous circumstances.
• Ability to evaluate various options and alternatives and choose an appropriate and reasonable course of action.
Required Education, Experience and Certifications:
• High School graduation or equivalent, preferably supplemented by college level courses in Fire Science.
• Two (2) years of full-time experience as a firefighter, with one (1) year as a full-time Prosper Firefighter.
• Must possess a Texas Commission on Fire Protection Driver/Operator-Pumper Certification.
• Must hold a valid Texas Class B Exempt driver’s license.
• Current on all TDSHS requirements for paramedic certification.
• Current on all TCFP requirements for all required certifications.
• Successful completion of all medical control requirements to perform as a Paramedic with the Prosper Fire
Department.
• Must maintain a satisfactory rating on annual performance evaluations.
• NIMS Certifications 100, 200, 700, 800.
Environmental Factors and Conditions/Physical Requirements:
• Work is performed in office and field environments.
• May be subject to repetitive motion such as typing, data entry, and vision to monitor.
• May be subject to exposure to extreme temperatures, extreme weather conditions, hazardous chemicals, toxic
fumes, unstable buildings and structures, infectious diseases, body fluids, air and water borne pathogens.
• May be subject to wearing full protective clothing and self-contained breathing apparatus for extended periods
of time.
• May be subject to extended periods of bending, reaching, kneeling, climbing and standing on ladders and lifts,
walking over unstable surfaces and terrain, lifting and carrying up to 70 pounds unassisted, dragging up to 160
pounds unassisted, and handling and operating high pressure water hoses.
• May be exposed to hostile, angry or emotional citizens, patients and business owners.
Equipment and Tools Utilized
Page 182
Item 20.
Page 3 of 3
Standard Operating Guidelines No. 109.0
Driver Engineer
Issuance Date:
03/2002
Last Revision Date:
07/30/2020
Last Review Date:
03/21/2022
Authorized by: Stuart Blasingame, Fire Chief
• Equipment utilized includes standard office equipment, including but not limited to personal computers, copiers,
calculators, and fax machines.
• Operates specialized rescue and emergency medical response equipment including but not limited to two-way
radio equipment, intubation and IV equipment, heart monitor/defibrillators and department vehicles.
PROSPER'S PURPOSE - PROSPER IS A PLACE WHERE EVERYONE MATTERS
My signature below indicates I have read and understand the duties and responsibilities listed herein.
Signature Printed name
Date
ADA/EOE
Page 183
Item 20.
Standard Operating Guidelines No. 110.0
Firefighter Paramedic
Issuance Date:
03/2002
Last Revision Date:
11/09/2021
Last Review Date:
11/09/2021
Authorized by: Stuart Blasingame, Fire Chief
Page 1 of 3
Summary: Performs a variety of highly technical and specialized tasks involving and/or related to fire suppression,
emergency medical services, rescue, hazardous materials incidents, fire prevention, fire inspections, administration,
and other special assignments as required. Supervises and controls emergency medical scenes until relieved by a
higher ranking officer. Performs other duties as assigned.
The following duties are typical of this classification and are intended only to describe the various types of work that
may be performed, the level of technical complexity of the assignment(s), and are not intended to be an all-inclusive
list of duties. The omission of a specific duty statement does not exclude it from the position if the work is consistent
with the concept of the classification, or is similar or closely related to another duty statement to address business
needs and changing business practices.
Essential Job Functions:
• Responds to emergency and non-emergency calls for service.
• Administers first aid and emergency medical care to injured/ill persons consistent with the level authorized by
Paramedic certification, established medical protocols, and standard operating procedures.
• Secures safety of the incident scene.
• Determines medical status and priority of medical treatment.
• Stabilizes and immobilizes patients and prescribes a mode of transportation to emergency medical care facilities
based on condition of patients.
• Follows established universal health precautions in the treatment and care of patients.
• Inspects, tests, cleans and maintains station facilities, grounds, equipment, and apparatus.
• Conducts pre-fire inspections of businesses.
• Participates in daily training exercises and instruction to increase performance.
• Responds to requests and inquiries from the general public, other Department personnel, and other Town
Departments.
• Works shift schedules including weekends, holidays and extended hours in emergency, disaster, or other
situations influenced by heavy workloads or other staffing difficulties.
• Participates on department committees and attends meetings as required.
• Conducts public education activities.
• Must learn streets and routes within the Town and surrounding areas to include the location of medical facilities
to ensure expeditious response times.
• Attend scheduled training necessary to maintain Paramedic certification and minimum continuing education
credit as required by the Texas Department of State Health Services and/or Medical Control Physician.
• Regular and consistent attendance for the assigned work hours is essential.
Required Knowledge and Skills:
• Knowledge of emergency medical services.
• Knowledge of ambulance operation principles and practices.
• Knowledge of fire prevention, suppression, and education methods, practices and procedures for a variety of fire,
hazardous materials responses, emergency management systems and rescue operations.
• Knowledge and skill associated with operating specialized communication equipment.
• Proficiency in the use of computers and related hardware and software for development and maintenance of
safety and health inspections, annual reviews, and other documentation.
Page 184
Item 20.
Standard Operating Guidelines No. 110.0
Firefighter Paramedic
Issuance Date:
03/2002
Last Revision Date:
11/09/2021
Last Review Date:
11/09/2021
Authorized by: Stuart Blasingame, Fire Chief
Page 2 of 3
• Knowledge of safe work practices and procedures.
• Knowledge of pertinent Federal, State and local laws, codes and regulations.
• Ability to exercise sound judgment and rational thinking under stressful and/or dangerous circumstances.
• Ability to evaluate various options and alternatives and choose an appropriate and reasonable course of action.
• Skill in effective oral and written communications.
Required Education, Experience and Certifications:
• High School graduation or equivalent, preferably supplemented by college level courses in Fire Science.
• Current on all TDSHS requirements for paramedic certification.
• Current on all TCFP requirements for all required certifications.
• Successful completion of all medical control requirements to perform as a Paramedic with the Prosper Fire
Department
• Must maintain good standings with Fire Department Medical Director
• Must be eligible to hold a valid Texas Class B Exempt driver’s license and obtain that license within six (6)
months of employment.
• Must maintain a satisfactory rating on annual performance evaluation reports.
• Must possess the following certifications (by application deadline)
1. Texas Commission on Fire Protection (TCFP) Basic Firefighter
2. Texas Department of State Health Services (TDSHS) Paramedic
3. Courage to be Safe (within one year of employment)
4. Traffic Incident Management (within one year of employment)
Environmental Factors and Conditions/Physical Requirements:
• Work is performed in office and field environments.
• May be subject to repetitive motion such as typing, data entry, and vision to monitor.
• May be subject to exposure to extreme temperatures, extreme weather conditions, hazardous chemicals, toxic
fumes, unstable buildings and structures, infectious diseases, body fluids, air and water borne pathogens.
• May be subject to wearing full protective clothing and self-contained breathing apparatus for extended periods
of time.
• May be subject to extended periods of bending, reaching, kneeling, climbing and standing on ladders and lifts,
walking over unstable surfaces and terrain, lifting and carrying up to 70 pounds unassisted, dragging up to 160
pounds unassisted, and handling and operating high pressure water hoses.
• May be exposed to hostile, angry or emotional citizens, patients and business owners.
Equipment and Tools Utilized
• Equipment utilized includes standard office equipment, including but not limited to personal computers, copiers,
calculators, and fax machines.
• Operates specialized rescue and emergency medical response equipment including but not limited to two-way
radio equipment, intubation and IV equipment, Lifepak 15 heart monitor/defibrillators and Department vehicles.
Page 185
Item 20.
Standard Operating Guidelines No. 110.0
Firefighter Paramedic
Issuance Date:
03/2002
Last Revision Date:
11/09/2021
Last Review Date:
11/09/2021
Authorized by: Stuart Blasingame, Fire Chief
Page 3 of 3
PROSPER'S PURPOSE - PROSPER IS A PLACE WHERE EVERYONE MATTERS
My signature below indicates I have read and understand the duties and responsibilities listed herein.
_____________________________________ _______________________________
Signature Printed name
_____________________
Date
ADA/EOE
Page 186
Item 20.
Page 1 of 4
Standard Operating Guidelines No. 115.0
Fire Division / Battalion Chief
Issuance Date:
07/30/2020
Last Revision Date:
07/30/2020
Last Review Date:
07/30/2020
Authorized by: Stuart Blasingame, Fire Chief
Summary: Under general direction of the Fire Chief, manages and oversees the daily operations in assigned divisions
of the Fire Department. Provides direction and planning for the operations, growth and development of assigned
division. Supervises assigned Fire Department staff in performing a variety of highly technical and specialized tasks
involving and/or related to fire suppression, emergency medical services, rescue, hazardous materials incidents, fire
prevention, fire inspections, administration, and other special assignments as required. Supervises and controls
emergency medical scenes until relieved by a higher-ranking officer. Supervises emergency and non-emergency
incident scenes unless relieved by a higher-ranking officer. Supervises assigned Fire Department staff.
The following duties are typical of this classification and are intended only to describe the various types of work that
may be performed, the level of technical complexity of the assignment(s) and are not intended to be an all-inclusive
list of duties. The omission of a specific duty statement does not exclude it from the position if the work is consistent
with the concept of the classification or is similar or closely related to another duty statement to address business
needs and changing business practices.
Essential Job Functions:
• Oversees the daily operation of assigned administrative/and or operational Division.
• Assigns and prioritizes duties for assigned administrative/and or operational Division.
• Develops strategic plans, goals and action plans to implement the anticipated growth of the
assigned administrative/and or operational Division.
• Responds to emergency and non-emergency calls for service.
• Directly supervises and participates in fire suppression and shift operations.
• Provides 24-hour town-wide supervision (on-call status) as assigned.
• Supervises and monitors shift activities.
• Schedules staff and allocates apparatus to provide the highest level of service for emergency and
non-emergency calls.
• Monitors and reassigns staff to meet operational demands.
• Acts as commanding fire and/or medical officer in absence of higher-ranking officer and supervises
fire and/or medical incident scenes unless relieved by a higher-ranking officer.
• Supervises first aid and emergency medical care to injured/ill persons consistent with established
medical protocols and standard operating procedures.
• Critiques calls for ways to improve services and responses.
• Makes recommendations for ways to improve department readiness and response
• Secures safety of the incident scene.
• Supervises the identification of hazardous areas including high occupancy and commercial
businesses.
• Trains, tests, assigns, evaluates and motivates subordinate staff.
• Schedules, tracks and oversees coordination of fire and emergency medical services training for
shift personnel.
• Participates in daily training exercises and instruction to personnel performance
• Conducts on the job and formal training of assigned Firefighters.
• Responds to requests and inquiries from the general public, other Department personnel, and other
Town Departments.
• Interprets and explains Town and Department policies and procedures to the public and
Department members.
• Completes administrative duties including but not limited to:
Page 187
Item 20.
Page 2 of 4
Standard Operating Guidelines No. 115.0
Fire Division / Battalion Chief
Issuance Date:
07/30/2020
Last Revision Date:
07/30/2020
Last Review Date:
07/30/2020
Authorized by: Stuart Blasingame, Fire Chief
o Reviewing records and reports of all incident responses on assigned shift.
o Approving recurring documentation such as timesheets for personnel and monthly reports.
o Maintains records and documentation of all activities for assigned shift.
o Completes assigned special projects in area of expertise or as assigned.
o Administers activities that are handled at the shift level in coordination with station
officers.
Other Important Duties:
• May be required to workday or shift and non-shift schedules including weekends, holidays, on-call
and extended hours in emergency, disaster, or other situations influenced by heavy workloads or
other staffing difficulties.
• Participates on department committees and attends staff meetings as required.
• Conducts public education activities that may include, but are not limited to: Citizen's Fire
Academy, block parties, station tours, Fire Prevention week and patient care.
• Assists in developing and presenting a variety of training programs related to medical care and
EMS.
• Must learn streets and routes within the town and surrounding areas to include the location of
medical facilities to ensure expeditious response times.
• Attend scheduled training necessary to maintain EMS certification and minimum continuing
education credit as required by the Texas Department of State Health Services and/or Medical
Control Physician.
• Performs related duties as assigned.
• Regular and consistent attendance for the assigned work hours is essential.
Required Knowledge and Skills:
• Knowledge of administration and supervision of assigned shift & Division.
• Knowledge of emergency medical services.
• Knowledge of ambulance operation principles and practices.
• Knowledge of fire prevention, suppression, and education methods, practices and procedures for a
variety of fire, hazardous materials responses, emergency management systems and rescue
operations.
• Knowledge and skill associated with operating specialized communication equipment.
• Knowledge of safe work practices and procedures.
• Knowledge of pertinent Federal, State and local laws, codes and regulations.
• Ability to exercise sound judgment and rational thinking under stressful and/or dangerous
circumstances.
• Proficiency in the use of computers and related hardware and software.
• Ability to evaluate various options and alternatives and choose an appropriate and reasonable
course of action.
• Skill in effective oral and written communications.
• Skill in implementing assigned Fire Station procedures and objectives.
• Skill in effectively supervising and delegating duties to assigned staff.
• Skill in resolving customer complaints and concerns.
• Skill in planning, developing and implementing multiple fire station(s) procedure.
• Skill in effectively supervising and delegating assignments to assigned staff.
Page 188
Item 20.
Page 3 of 4
Standard Operating Guidelines No. 115.0
Fire Division / Battalion Chief
Issuance Date:
07/30/2020
Last Revision Date:
07/30/2020
Last Review Date:
07/30/2020
Authorized by: Stuart Blasingame, Fire Chief
Required Education, Experience and Certifications:
• Held previous rank of Fire Captain or equivalent.
• High School graduation or equivalent, preferably supplemented by college level courses in Fire
Science.
• Eight (8) years of full-time experience as a firefighter.
• Current on all TDSHS requirements for paramedic certification.
• Current on all TCFP requirements for all required certifications.
• Successful completion of all medical control requirements to perform as a Paramedic with the
Prosper Fire Department.
• Must possess and maintain a valid Texas Class B Exempt driver’s license.
• Must maintain a satisfactory rating on annual performance evaluation reports.
• Must possess the following certifications (by application deadline)
1. Texas Department of State Health Services (TDSHS) Paramedic.
2. Texas Commission on Fire Protection (TCFP) Driver/Operator.
3. Texas Commission on Fire Protection (TCFP) Fire Instructor II.
4. Texas Commission on Fire Protection (TCFP) Fire Officer II.
5. Texas Commission on Fire Protection (TCFP) Incident Safety Officer .
6. Texas Commission on Fire Protection (TCFP) Advanced Firefighter.
7. NIMS Certifications 100, 200, 300, 400, 700, 800.
Environmental Factors and Conditions/Physical Requirements:
• Work is performed in an office and field environment.
• May be subject to repetitive motion such as typing, data entry and vision to monitor.
• May be subject to exposure to dangerous machinery, extreme weather conditions, hazardous
chemicals and toxic substances, air and water borne pathogens, infectious diseases, and extreme
heat.
• May be subject to wearing and functioning for extended periods in full protective clothing and self-
contained breathing apparatus.
• May be subject to extended periods of bending, reaching, kneeling, climbing ladders, operating
firefighting equipment, walking over rough unstable terrain, entering burning and smoke-filled
buildings, and lifting and carrying individuals when responding to emergency rescues and fires.
• May be exposed to hostile, angry, or emotional citizens and business owners.
• Physical demands require medium physical effort exerting 20-50 lbs., with frequent lifting of 10-25
lbs.
• Reasonable accommodations may be made to enable individuals with disabilities to perform the
essential functions of this job.
Equipment and Tools Utilized:
Equipment utilized includes personal computer, copier, calculator, fax machine, mobile data
computers, Fire Department equipment, radio communications equipment, and department vehicle.
Page 189
Item 20.
Page 4 of 4
Standard Operating Guidelines No. 115.0
Fire Division / Battalion Chief
Issuance Date:
07/30/2020
Last Revision Date:
07/30/2020
Last Review Date:
07/30/2020
Authorized by: Stuart Blasingame, Fire Chief
PROSPER'S PURPOSE - PROSPER IS A PLACE WHERE EVERYONE MATTERS
My signature below indicates I have read and understand the duties and responsibilities listed herein.
_____________________________________ _______________________________
Signature Printed name
_____________________
Date ADA/EOE
Page 190
Item 20.
Page 1 of 1
To: Mayor and Town Council
From: Stuart Blasingame, Fire Chief
Through: Mario Canizares, Town Manager
Re: Medical City of Plano, Medical Control/Continuing Education Agreement
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon approving an agreement with Medical Center of Plano for Medical Control
and Continuing Education Services; and authorize the Town Manager to execute the same.
Description of Agenda Item:
The Fire Department entered into an annual agreement in 2019 with Medical Center of Plano for
Medical Control and EMS Continuing Education. This is the annual updated agreement which
reflects the number of contact hours for Medical Direction and for Education/Quality Assurance.
Budget Impact:
The annual cost of services is $86,625.00 and was budgeted in the FY23/24 budget. This item will
be funded from account 100-5480-30-01.
Attached Documents:
1. Medical City of Plano Agreement & Fee Structure
Town Staff Recommendation:
Town Staff recommends approving an agreement with Medical Center of Plano for Medical Control
and Continuing Education Services; and authorizing the Town Manager to execute the same.
Proposed Motion:
I move to approve an agreement with Medical Center of Plano for Medical Control and Continuing
Education Services; and authorizing the Town Manager to execute the same.
FIRE DEPARTMENT
Page 191
Item 21.
Medical City Plano
EMS Medical Control Prosper Fire Department
Fee Structure October 1, 2023 – September 30, 2024
EMS Medical Control is comprised of multiple functions represented by two categories, On-Line/Off-Line Medical Control and
Education/Quality Assurance Activities. Below is a summary of the activities by category.
Medical Control: On-Line/Off Line Functions Education/Quality Assurance Functions
On-Line/Off-Line functions include direct involvement of the EMS Medical
Director and/or designee in his absence in the actual function of the
following:
Education/Quality Assurance functions are provided by EMS Department
Staff at The Medical Center of Plano in collaboration with guidance by
the EMS Medical Director
•Quarterly in-person continuing education (one 3 hour
class/day x 3 days)
•In-person continuing education by EMS Educator two months
per quarter (one 3 hour classes/day x 3 days)
•Monthly Physician field observation/training, i.e. EMS ride-
outs
•Internet based training one month per quarter developed by
EMS Educator to provide 3 hours of required EMS CE. (Upon
request)
•Ongoing review/development of new equipment,
medications, and practices as well as existing Treatment
Protocols and SOPs with emphasis on Evidenced Based
Medical Practice
•Recording of monthly CE and utilizing the Educational
Tracking Platform to allow for make-up CE for those not able
to attend live classes that were offered
•Quality Assurance including review of EMS documentation,
interaction with Fire Administration and field personnel to
resolve concerns, documentation of loop closure, radio
report review, and in-person Medical Director Reviews as
needed
•Quality Assurance Program to include
o 100% review of all Transported Light/Siren runs
o 10% review of all Transported No Light/Siren runs
o 100% review of all No Transports
o Monthly Protocol Specific Reviews including ACS,
Stroke, Intubations, CPR, Trauma and Airway
Management
•24/7/365 On-Line (Radio and Telephone Support) by Board
Certified Emergency Physicians at The Medical Center of
Plano
•Internship Program
o Each intern assigned to specific educator
o EMS Educator to ride-out at shift 3 and EMS
Medical Director to ride-out at shift 4 or 5
o ECG testing, Protocol testing, and Mega Code
Evaluation
•24/7/365 Off-line availability of EMS Medical Director and/or
designee in his absence to Fire Administration and Field
Personnel to review issues/concerns
•Monthly Quality Assurance Dashboards tracking various
metrics to include protocol compliance, airway management,
continuing education hours, internship progress, hospital
destination stats, and department wide success rates for
advanced airway and IV/IO
•Requested meetings from Fire Administration to address
issues involving EMS and personnel
•Access to internet based Education Platform to allow for
make-up CE, quarterly internet based CE, and tracking of CE
hours offered by TMCP.
•Guaranteed access to monthly Cadaver Lab for two
paramedics. (Note there is an additional fee for attendance)
•Access to internet based Education Platform to allow for
completion of American Heart Association BLS and ACLS
followed by live check off with TMCP EMS instructor
•Attendance at City Council and other City Government
meetings at the request of Fire Administration
•Quarterly field observations/training, i.e. EMS ride-outs
•Paramedic Shadowing/Acute Care Hospital Rotation to
enhance assessment techniques and practical skills
•Annual required Infection Control and Anaphylaxis CE to
meet government standards
•Final review and authorization of Paramedic Intern prior to
being released for field practice
•Tracking and communication to Fire Administration regarding
CE attendance
•Over site of quarterly Peer Review Committee Meetings •Direct involvement in resolution of addendums to EMS Run
Report
•Annual Protocol Testing, Megacode testing and Advanced
Airway Management Testing with Biennial ALS and BLS Skills
Credentialing
•Preparation of cases for quarterly Peer Review Committee
Meetings
•Annual Protocol Testing, Megacode testing and Advanced
Airway Management Testing with Biennaill ALS and BLS Skills
Credentialing
Medical Control: On-
Line and Off-Line
Functions by EMS
Medical Director
Education/Quality
Assurance Annual Cost Monthly Cost
Page 192
Item 21.
360 Hours Annually
Average 30 hours/month
@ $185.00/hour
See Pricing Matrix
500.63 Nursing Hours
@$40/hr
Projected Costs $66,600.00 $20,025.00 $86,625.00 $7,218.75.00
Annual costs for On-Line/Off-Line Medical Control functions are based on the current run rate of an average of 30 direct hours per
month worked by the Medical Director in providing services to the Prosper Fire Department. Should the Fire Department decide to
require additional duties for the Medical Director beyond the annual hours of 360, the direct hourly allocation amount would need
to be adjusted with the necessary contractual addendums. As an example, if implementation of a Mobile Integrated Healthcare
Program was requested, this would require additional hours on behalf of the Medical Director.
Annual costs for Education/Quality Assurance will be assessed at the beginning of each year and will be based on the line items
shown in the Pricing Matrix. Annual costs for Education/Quality Assurance do not include part time personnel for the Prosper Fire
Department. All CE requirements for certification/licensure will be met through other venues available to the part-time employee.
Medical City Plano and EMS Medical Director will provide and require annual protocol testing for these part time employees.
Annual/Monthly costs for Medical Control and Education/Quality Assurance will be adjusted accordingly and be effective October 1
– September 30th to reflect the City’s fiscal calendar and be billed monthly.
The Town of Prosper will be invoiced on an annual basis.
Medical City Plano
Date:_____________________________ By: _____________________________
Name: ___Brad Stein________________________
Title: ___CFO_________________________
TOWN OF PROSPER, TEXAS
Date:____________________________ By:_____________________________
Name:
Title:
10/25/23
Page 193
Item 21.
Page 1 of 1
To: Mayor and Town Council
From: Stuart Blasingame, Fire Chief
Through: Mario Canizares, Town Manager
Re: Service Agreement – Cut with Craft
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Service Agreement between
Cut with Craft and the Town of Prosper related to landscape maintenance for fire stations.
Description of Agenda Item:
Cut with Craft was the low bidder on a competitive sealed bid for landscape maintenance for all
three (3) fire stations. On October 31, 2023, the Town received 9 bids for CSB No. 2024-04-A,
ranging in price from $13,145.00 to $39,155.00. The term of the contract is for one (1) year, with
four (4) optional, one-year renewal periods.
Budget Impact:
The annual cost of services is $13,145.00 and will be funded from account 100-5480-30-01.
Attached Documents:
1. Agreement
2. Bid Tabulation
Town Staff Recommendation:
Town Staff recommends authorizing the Town Manager to execute a Service Agreement between
Cut with Craft and the Town of Prosper related to landscape maintenance for fire stations.
Proposed Motion:
I move to authorize the Town Manager to execute a Service Agreement between Cut with Craft
and the Town of Prosper related to landscape maintenance for fire stations.
FIRE DEPARTMENT
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Item 22.
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Item 22.
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Item 22.
Solicitation Number
Solicitation Title
Close Date
Responding Contractor City State Response Submitted Response Total
Cut With Craft PROSPER TX 10/30/2023 11:45:47 AM (CT)$13,145.00
Bobcat Lawn & Tree Farm LLC Celina TX 10/30/2023 09:13:31 PM (CT)$15,599.95
V&A Landscape and Lawn Prosper TX 10/26/2023 02:55:07 PM (CT)$19,450.00
Yellowstone Landscape Dallas TX 10/30/2023 09:51:24 AM (CT)$19,723.24
Nico's Landscape Irving TX 10/31/2023 08:29:26 AM (CT)$19,800.00
WCD Enterprises, LLC Scottsdale AZ 10/30/2023 03:24:42 PM (CT)$19,975.00
SRH Landscapes LLC Dallas TX 10/30/2023 08:15:59 AM (CT)$33,425.00
American Landscape Systems Lewisville TX 10/31/2023 01:15:19 PM (CT)$33,875.00
Green world care Inc dallas TX 10/31/2023 11:51:26 AM (CT)$39,155.00
Certified by: Jay Carter, NIGP-CPP, CPPB, C.P.M.
Purchasing Manager
Town of Prosper, Texas
**All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the bid/proposal on this tabulation sheet shall not be construed as a
comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The agency will make a determination as to the
responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the project
specifications and contract documents. The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received will be
available for inspection at that time.
Certified On: October 31, 2023
TOWN OF PROSPER
PROPOSAL TABULATION SUMMARY
CSB No. 2024-04-A
Landscape Management for Fire Stations
10/31/2023 2:00PM
2022-63-B Addendum 2 - Page 1
Page 204
Item 22.
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: Escrow Agreement – Prosper Independent School District (PISD):
Teel Parkway (US 380 – First Street)
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 1. Acceleration of Infrastructure
Agenda Item:
Consider and act upon authorizing the Town Manager to execute an Escrow Agreement between
Prosper Independent School District (PISD), and the Town of Prosper, Texas, related to the design
and construction of improvements on Teel Parkway and at the intersection of First Street and
Artesia Boulevard adjacent to the Richland High School property.
Description of Agenda Item:
Prosper Independent School District (PISD) is currently constructing Richland High School at the
southeast corner of Teel Parkway and First Street with a planned opening of Fall 2025. As part of
the development of the high school site, PISD will be extending two lanes of Prairie Drive from
Teel Parkway east to connect to the existing four lanes of Prairie Drive in The Parks at Legacy
development. In addition, the PISD is required to provide funds to the Town for construction of the
following improvements:
Teel Parkway (US 380 – First Street): $2,533,722
o Construction of two (2) northbound lanes adjacent to the Richland High School
property, two (2) left turn lanes, one (1) full median opening, one-half (1/2) median
opening, one (1) right turn lane at Prairie Drive, and one (1) deceleration lane at
the high school driveway. Engineering design fees are included.
Traffic Signal - First Street at Artesia Boulevard: $ 262,500
o Cost participation for one-half (1/2) design and construction of the traffic signal at
First Street and Artesia Boulevard. Staff is also working with Denton County Fresh
Water District No. 10 (DCFWSD#10) on an agreement for cost participation
between the Town and DCFWSD#10 on other one-half (1/2) of the traffic signal.
Engineering design fees are included.
ENGINEERING
SERVICES
Page 205
Item 23.
Page 2 of 2
While the Town’s Thoroughfare and Circulation Design Requirements allows for the escrow of the
future improvements prior to the occupancy of its facilities, it does not allow the escrow of these
improvements to be delayed until the construction of the improvements. Staff has discussed this
issue with the PISD on previous escrow agreements, and similar to past agreements, agrees to
delay the receipt of the escrow funds until such time as these improvements are constructed.
The attached agreement between the Town of Prosper and the PISD obligates the PISD to deposit
with the Town fifty percent (50%) of the actual costs, currently estimated to be $2,796,222, towards
the design and construction of the improvements listed on the previous page, and in the
agreement, within 15 days after receiving written notice from the Town of the execution of
contracts for the construction of the projects. The remaining fifty percent (50%) will be deposited
when the construction of the projects is fifty percent (50%) complete. Any cost overruns will be
paid by the PISD after their review and approval of receiving written notice from the Town. Any
remaining escrow funds, including interest, shall be returned to the PISD after the Town has
accepted the improvements.
Budget Impact:
The costs to be received from PISD is estimated to be $2,796,222 and will be deposited into
Account No. 590-2120 Paving Escrow for allocation to the Teel Parkway (US 380 – First Street)
project (Project No. 2153-ST) and the Traffic Signal – First Street & Artesia Boulevard project
(Project 2101-TR).
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. Escrow Agreement
2. Location Map
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute an Escrow
Agreement between Prosper Independent School District (PISD), and the Town of Prosper, Texas,
related to the design and construction of improvements on Teel Parkway and at the intersection
of First Street and Artesia Boulevard adjacent to the Richland High School property.
Proposed Motion:
I move to authorize the Town Manager to execute an Escrow Agreement between Prosper
Independent School District (PISD), and the Town of Prosper, Texas, related to the design and
construction of improvements on Teel Parkway and at the intersection of First Street and Artesia
Boulevard adjacent to the Richland High School property.
Page 206
Item 23.
1
ESCROW AGREEMENT
THIS ESCROW AGREEMENT (“Agreement”) is made and entered into this ___
day of _______________, 2023, by and between the Town of Prosper, Texas (the
“Town”), and the Prosper Independent School District (“PISD”), collectively referred to
herein as the “Parties.”
W I T N E S S E T H:
WHEREAS, the Town is constructing roadway improvements to Teel Parkway
from US 380 to First Street; and
WHEREAS, PISD is planning and will construct a new high school on Teel
Parkway and as a consequence, the Town will construct two (2) northbound lanes of Teel
Parkway adjacent to the new high school site, deceleration and right turn lanes to the new
high school, median opening and a left turn lane onto further Prairie Drive and half a
median opening and a left turn lane at Pine Leaf into the new high school and one-half of
the design and construction of the traffic signals at Artesia Boulevard and First Street
(collectively, “Roadway and Traffic Signal Improvements”);
WHEREAS, for the Roadway and Traffic Signal Improvements, PISD is required
to pay to the Town funds for the construction of same, estimated at the present time to
be $2,796,222.00; and
WHEREAS, the Town has not yet begun construction of the Roadway and Traffic
Signal Improvements, and the Town has requested that PISD be permitted to forego the
escrow of the funds referenced above (“Escrow Funds”) for the construction of the
Roadway Improvements and the design and construction of the Traffic Signal
Improvements, until such time as the Town notifies PISD in writing that it intends to bid
the construction of the Roadway and Traffic Signal Improvements; and
WHEREAS, at such time that the Town notifies PISD of the Town’s intent to bid
the Roadway and Traffic Signal Improvements, the Parties have agreed that PISD shall
deposit the Escrow Funds with the Town, pursuant to the terms referenced in this
Agreement.
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 PISD agree as follows:
1. Escrow Funds. The amount of the Escrow Funds, estimated in the amount
of Two Million Seven Hundred Ninety-Six Thousand Two Hundred Twenty Two and
no/100 Dollars ($2,796,222.00) is based on estimates of the construction and related
costs of the Roadway and Traffic Signal Improvements provided by the Town’s Engineer,
as specified in Exhibit A, attached hereto, and incorporated by reference. The Parties
agree and acknowledge that the actual costs of the Roadway and Traffic Signal
Improvements may be modified, and PISD agrees to deposit the actual costs for such
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Item 23.
LOCATION MAP Escrow Agreement Richland High School (PISD) Teel Parkway (US 380—First Street) Traffic Signal First Street at Artesia Boulevard Page 217Item 23.
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 Fee Agreement
(DNT Frontier Retail Center)
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 1. Acceleration of Infrastructure
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Water Impact Fee Agreement
between DNT Frontier, LP, and the Town of Prosper, Texas, related to the construction of a water
line to serve the DNT Frontier Retail Center development.
Description of Agenda Item:
DNT Frontier, LP, is developing the DNT Frontier Retail Center south of Frontier Parkway and
east of the Dallas North Tollway. In order to facilitate the development, they have agreed to
construct a 12” water line from the Dallas North Tollway across their property, connecting to an
existing water line in Frontier Park, as shown on Exhibit B in the agreement. The Town has
completed the design and will be constructing a separate 12” water line along the west side of the
Dallas North Tollway from Prosper Trail to Frontier Parkway that includes an extension under the
Dallas North Tollway to the DNT Frontier Retail Center development just south of Frontier
Parkway. The construction of the 12” water line by DNT Frontier, LP, and the Town’s construction
of the 12” water line along the Dallas North Tollway, will provide the DNT Frontier Retail Center
development with the required looped water service from two points of connection to the Town’s
water system.
Since the proposed water line is 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 developments. The purpose of
the Water Impact Fee Agreement is to outline the obligations of the Town of Prosper , and DNT
Frontier, LP, related to the design, construction, credit and reimbursement of collected water
impact fees to fund the project.
ENGINEERING
SERVICES
Page 218
Item 24.
Page 2 of 2
Budget Impact:
The estimated cost for the design and construction of the extension of approximately 2,562 feet
of a 12” water line is $343,542. The current anticipated water impact fees owed by the DNT
Frontier Retail Center development as well as the adjacent property to the east also included in
the area of reimbursement is $309,476. In the event that full credits and reimbursements have not
been made to DNT Frontier, 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 DNT Frontier, LP, any shortfall.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality. DNT Frontier, 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 Fee Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a Water
Impact Fee Agreement between DNT Frontier, LP, and the Town of Prosper, Texas, related to the
construction of a water line to serve the DNT Frontier Retail Center development.
Proposed Motion:
I move to authorize the Town Manager to execute a Water Impact Fee Agreement between DNT
Frontier, LP, and the Town of Prosper, Texas, related to the construction of a water line to serve
the DNT Frontier Retail Center development.
Page 219
Item 24.
Town of Prosper Water System Capital Improvement Plan
DNT Frontier Retail Center
Frontier Parkway
Prosper Trail Dallas North Tollway Page 220
Item 24.
WATER IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 1
WATER IMPACT FEE AGREEMENT
(DNT FRONTIER RETAIL CENTER)
THIS WATER IMPACT FEE AGREEMENT (“Agreement”) is made and entered into
this ___ day of November, 2023 (“Effective Date”), by and between the Town of Prosper,
Texas (“Prosper” or the “Town”), and DNT Frontier, LP, a Texas limited partnership (the
“Developer”), individually referred to as a “Party” and collectively referred to as the
“Parties.”
W I T N E S S E T H:
WHEREAS, the Developer is developing a project in the Town known as DNT
Frontier Retail Center (“FRC”); and which development contains multiple development
phases; and
WHEREAS, the legal descriptions of the FRC property (“Property”) are attached
hereto as Exhibit A; and
WHEREAS, the Town and the Developer wish to address the construction of a 12”
water line as well as the timing, construction and payment of associated costs thereof,
related to FRC; and
WHEREAS, the Town and the Developer acknowledge that the construction of a
12” water line to and in FRC is desirable; however, both Parties recognize the capital costs
associated with the proposed construction; and
WHEREAS, the Town and the Developer have agreed to the construction of a 12”
water line (“Water Improvements”), with each party having certain obligations related
thereto, as depicted in attached Exhibit B and incorporated by reference, with cost
estimates and impact fee estimates for the Property described in attached Exhibit D, also
incorporated by reference; and
WHEREAS, the Town has adopted a Water Capital Improvements Plan (“Water
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 the Parties agree and acknowledge that the Water Improvements are subject to this
Agreement is reflected on the Town’s Water CIP; and
WHEREAS, in an effort to facilitate the construction of a 12” water line serving FRC,
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 the
Developer and it is deemed mutually beneficial to each that the construction of a 12” water
line to and in FRC proceed uniformly; and
Page 221
Item 24.
WATER IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 2
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 the Developer covenant and agree as follows:
1. Water Impact Fees and Water Improvements.
(a) Subject to the provisions of this Paragraph 1 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) The Developer shall, at its sole cost and expense, except as provided in
Paragraph 3, below, construct and install approximately 2,562 LF of 12” water line from the
Dallas North Tollway to Frontier Park, as generally depicted on Exhibit B, attached hereto
and incorporated herein for all purposes (collectively referred to herein as the “Water
Improvements”).
(c) The Developer shall bid the construction of the Water 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 the Developer’s receipt of same. The Developer shall: (i) execute a contract for the
construction of the Water Improvements with the lowest responsible bidder, as mutually and
reasonably determined by Town and the Developer; (ii) commence, or cause to be
commenced, construction of the Water Improvements within the project development
schedule following: (A) the execution of this Agreement and recording of any third party
water line easements required for the construction of the Water Improvements; and (B)
approval of the Water Improvements’ engineering plans, specifications and designs by
Town’s Engineer, which approval shall not be unreasonably withheld or delayed; (iii)
construct the Water Improvements in accordance with Town-approved engineering plans,
specifications and designs; and (iv) complete the Water Improvements and obtain Town’s
acceptance of same prior to Town’s final acceptance of the Water Improvements.
(d) The Developer represents that the estimated Water Improvements
construction costs are Three Hundred Forty-Three Thousand Five Hundred Forty-Two and
00/100 Dollars ($343,542.00), as more particularly described in Exhibit D, attached hereto
and incorporated herein for all purposes (the “Estimated Construction Costs”). The
Developer acknowledges and agrees that Town is relying on the 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 3 or reimbursement
described in Paragraph 4 below, the 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 the 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 222
Item 24.
WATER IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 3
2. Water Impact Fees and Impact Fee Credits. Builders on the Property shall
be subject to and shall pay the Town water impact fees, pursuant to applicable provisions
of the Town’s Code of Ordinances, as amended; however, provided the Developer
constructs, and the Town accepts, the Water Improvements contemplated by this
Agreement, the Developer shall receive water impact fee credits and reimbursements up
to the amount of the eligible construction costs incurred by the Developer for the
construction of the Water Improvements. For purposes of this Agreement, “construction
costs” shall mean the actual costs of constructing the Water Improvements, including, but
not limited to, design costs, labor and material costs, engineering costs, surveying costs
and material testing costs associated with the Water Improvements. No Water Impact Fee
Credits and/or Reimbursements from Water Impact Fees shall be made until a final
accounting of all incurred construction costs are approved by the Developer and Town’s
Engineer, which review and approval shall not be unreasonably withheld, conditioned or
delayed.
3. Credits from Water Impact Fees if the Developer Builds on the Property.
In the event the Developer builds on the Property and is required to pay Water Impact Fees
to the Town, then Developer shall not be required to pay such Water Impact Fees and shall
receive a Water Impact Fee credit at the time when Water Impact Fees are otherwise due
and owing the Town. In no event shall any such Water Impact Fee credit exceed the Water
Improvement Costs incurred by the Developer.
4. Reimbursements from Water Impact Fees. Any reimbursement to
Developer contemplated by this Agreement from someone other than the Developer, who
shall receive credit of water impact fees as stated in Paragraph 3, shall come only from
Water Impact Fees collected by the Town from eligible development expenses as described
in this Agreement within FRC in the service area to be served by the Water Improvements
as shown on Exhibit C, attached hereto. The Town will use its reasonable efforts to pay
the Developer any reimbursement quarterly and as applicable, on January 15, April 15, July
15, and October 15 of each year beginning the first quarterly date after the Town accepts
the Water Improvements. The reimbursement of water impact fees for the Water
Improvements shall cease when the amount of credits and reimbursement equals the total
sum of the construction costs as defined above. Attached hereto and incorporated by
reference is Exhibit D, which exhibit reflects the current Estimated Construction Costs and
anticipated water impact fees to be collected by Town and reimbursed to the Developer by
the Town.
5. Understanding of the Parties Regarding Impact Fees Collected. The
Developer and the Town acknowledge and agree that: (i) the water impact fees collected
may be less than the water impact fee reimbursements to which the Developer is entitled;
and (ii) water impact fees owed on the Property shall be paid in accordance with the Town’s
impact fee ordinance, as amended.
Page 223
Item 24.
WATER IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 4
6. Assignment. The Developer shall have the right to assign this Agreement,
in whole or in part, only to one or more parties purchasing undeveloped portions of FRC,
which party (or parties) shall have the option to construct the Water Improvements located
in such portions. As to the sale of land by the 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.
7. Default. If the Developer fails to comply with any provision of this Agreement
after receiving thirty (30) days’ written notice to comply from Town or such longer period as
may be reasonably necessary provided that the Developer commences to cure the default
or breach within the 30-day period and proceeds with reasonable diligence thereafter to
complete such cure, then so long as such default continues and is not cured, Town shall
have the following remedies, in addition to Town’s other rights and remedies:
(a) to refuse to accept any public improvements as to the applicable
portion of FRC to which the default relates (provided however the Town shall not be entitled
to rescind any prior acceptance of public improvements); and/or
(b) to construct and/or complete the Water Improvements and to recover
any and all reasonable, necessary and actual costs and expenses associated with the
construction and/or completion of same, including, but not limited to, any and all reasonable
and necessary attorney’s fees and costs associated therewith; and/or
(c) to seek specific enforcement of this Agreement.
In the event the Developer does commence construction of the Water Improvements
within sixty (60) days after Town issues the applicable construction permits but fails to
complete construction of the Water Improvements within two (2) years after commencement
of construction, such failure may be declared a default, in the Town’s sole discretion, with
no requirement of notice, as referenced in Paragraph. In such event, the Developer shall
not be eligible for Credits or Reimbursements from Water Impact Fees for the construction
costs incurred by the Developer for the Water Improvements until such time as the Water
Improvements has been accepted by the Town and full payment has been made to any
person or business entity that has completed the Water Improvements after the Developer’s
default.
In the event Town fails to comply with the terms and conditions of this Agreement,
the Developer may seek specific enforcement of this Agreement and/or bring suit to recover
any amounts due and owing hereunder (but not consequential or punitive damages) as its
sole and exclusive remedies.
8. 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.
Page 224
Item 24.
WATER IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 5
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 Collin County, Texas. Venue for any action arising under this Agreement
shall lie in Collin County, Texas.
10. Notices. Any notices required or permitted to be given hereunder 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, Texas
P.O. Box 307
Prosper, Texas 75078
Attn: Town Manager’s Office
Email:
If to the Developer: DNT Frontier, LP
4215 W. Lovers Lane, Suite 250
Dallas, TX 75209
Attn: David Fogel
Email: David@dsfcapital.com
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 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, the 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.
Page 225
Item 24.
WATER IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 6
15. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. Electronic
signatures shall be binding and shall have the same force an effect as an original signature.
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 either 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. The Developer shall notify the Town in
writing of a sale or transfer of all or any portion of the Property where the 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 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. The Developer warrants and
represents that the individual executing this Agreement on behalf of the Developer has full
authority to execute this Agreement and bind the 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 WATER IMPROVEMENTS
IS COMPLETED AND ALL IMPROVEMENTS, AS CONTEMPLATED HEREIN, HAVE
BEEN ACCEPTED BY THE TOWN, THE DEVELOPER DOES HEREBY AGREE TO
RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS ELECTED
AND APPOINTED OFFICIALS, OFFICERS, EMPLOYEES AND AGENTS FROM AND
AGAINST ALL ACTUAL DAMAGES (BUT NOT CONSEQUENTIAL OR PUNITIVE
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
REASONABLE ATTORNEY’S FEES AND EXPENSES INCURRED IN ENFORCING
THIS INDEMNITY), CAUSED BY THE GROSSLY NEGLIGENT, AND/OR INTENTIONAL
Page 226
Item 24.
WATER IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 7
ACT AND/OR OMISSION OF THE DEVELOPER, OR ANY OTHER THIRD PARTIES
FOR WHOM THE DEVELOPER ENGAGED, IN ITS/THEIR PERFORMANCE OF THIS
AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE CONSTRUCTION OF THE
WATER IMPROVEMENTS CONTEMPLATED HEREIN (HEREINAFTER “CLAIMS”).
THE 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. THE DEVELOPER SHALL NOT BE REQUIRED TO INDEMNIFY THE TOWN
FROM CLAIMS CAUSED IN WHOLE OR IN PART BY THE TOWN’S NEGLIGENT,
GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACTS AND/OR OMISSIONS, OR ANY
OTHER THIRD PARTIES FOR WHOM THE TOWN ENGAGED.
22. Approval of Counsel. In its reasonable discretion, the Town shall have the
right to approve counsel to be retained by the 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 the Developer’s obligation to
defend the Town or as a waiver of the Developer’s obligation to indemnify the Town
pursuant to this Agreement. The Developer shall retain Town-approved defense counsel
within ten (10) 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.
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. Applicability of Town Ordinances. The signatories hereto shall be subject
to all applicable ordinances of the Town, whether now existing or in the future arising.
Page 227
Item 24.
WATER IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 8
28. Rough Proportionality. The 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 the Developer hereby waives any claim therefor that it may
have. The 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 the 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 water
services to the Property.
29. Attorney’s Fees. The Developer agrees to pay, or cause to be paid, to
Prosper reasonable attorney’s fees charged to the Town by the Town’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 $2,000.00 within ten (10) days upon
receipt of an invoice of same from the Town.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
Page 228
Item 24.
WATER IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 9
IN WITNESS WHEREOF, the Parties hereto have caused this document to be
executed as of the Effective Date.
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
My commission expires: _________________
Page 229
Item 24.
Page 230
Item 24.
WATER IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 11
EXHIBIT A
(Property Legal Description)
Page 231
Item 24.
WATER IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 12
EXHIBIT B
(Water Improvements to be Constructed by Developer)
Page 232
Item 24.
WATER IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 13
EXHIBIT C
(Area of Reimbursement)
Page 233
Item 24.
WATER IMPACT FEE AGREEMENT (DNT Frontier Retail Center) – Page 14
EXHIBIT D
(Estimated Construction Costs and
Anticipated Water Impact Fees)
Page 234
Item 24.
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: Professional Engineering Services Agreement – Stantec Consulting
Traffic Signals: First Street at Artesia and Teel Parkway at Prairie Drive
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 1. Acceleration of Infrastructure
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Professional Engineering
Services Agreement between Stantec Consulting Services, Inc., and the Town of Prosper, Texas,
related to the design of traffic signals on First Street at Artesia Boulevard and on Teel Parkway at
Prairie Drive.
Description of Agenda Item:
Richland High School is currently under construction at the southeast corner of Teel Parkway and
First Street with a planned opening of Fall 2025. Along with the development of the high school
site, the Prosper Independent School District (PISD) will be extending two-lanes of Prairie Drive
from the current eastern terminus of Prairie Drive to Teel Parkway, and the Town will be
constructing the northbound two lanes of Teel Parkway from just north of US 380 to First Street.
The construction of the northbound two lanes of Teel Parkway will complete four lanes of Teel
Parkway from US 380 to First Street and intersection at Prairie Drive.
With the increased traffic from the high school, Stantec re-evaluated their 2019 Signal Warrant
Studies along Fishtrap Road and concluded that the traffic signal on First Street at Artesia
Boulevard is now warranted and recommended. As for the traffic signal on Teel Parkway at Prairie
Drive, the traffic impact analysis (TIA) provided by PISD showed that while the traffic signal is not
warranted for the traffic anticipated when the high school first opens, the projected future growth
in population and traffic could meet the warrants for a traffic signal as early as 2027. Instead of
delaying the design and construction of a traffic signal on Teel Parkway at Prairie Drive until the
traffic warrants a traffic signal, due to the emergency exit of Fire Station #2 connecting to a newly
expanded intersection, emergency signals will be installed in the interim. Once a revised traffic
signal warrant study recommends a traffic signal, the emergency signals will be removed, and the
standard traffic signal heads installed to provide a fully operational traffic signal.
ENGINEERING
SERVICES
Page 235
Item 25.
Page 2 of 2
The services associated with this agreement are for the design of two (2) traffic signals, one on
First Street at Artesia Boulevard and the other on Teel Parkway at Prairie Drive. The traffic signal
design improvements include mast arm pole assemblies and foundations, vehicle detection, pull
boxes, underground conduits and cables, mast arm-mounted signs, and pedestrian signals
designed for APS (Audible Pedestrian Signals) readiness. As stated earlier, the traffic signal
design on Teel Parkway at Prairie Drive will include the installation of temporary emergency
signals until such time as a traffic signal warrant study recommends they be replaced with standard
traffic signal heads to provide a fully operational traffic signal. Design work will be performed for
public bids using Town of Prosper standard construction contracts and specification format.
At the October 24, 2023, Town Council meeting, the Town Council approved a list of qualified
engineering firms, which included traffic engineering services. Stantec Consulting Services, Inc.,
is included on the approved list and was also on the prior list approved at the April 9, 2019, Town
Council meeting. They have successfully completed traffic signal warrant studies and design of
multiple traffic signal projects for the Town.
Budget Impact:
The cost for the design is $60,250 for the traffic signal at the intersection on First Street at Artesia
Boulevard and $40,750 for the design on Teel Parkway at Prairie Drive, for a total of $101,000.
The project budget for design, in the amount of $65,000 is budgeted in Account No. 750-5410-10-
00-2101-TR and $65,000 is budgeted in Account No. 750-5410-10-00-2318-TR for a total budget
of $130,000. Therefore, $60,250 will be funded from Account No. 750-5410-10-00-2102-TR, and
PISD has agreed to pay for one-half of the design and future construction of the signal on First
Street at Artesia Boulevard. Staff is also working with Denton County Fresh Water District No. 10
(DCFWSD#10) on an agreement for cost participation on the design and future construction of the
signal on First Street at Artesia Boulevard.
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. Professional Engineering Services Agreement
2. Location Maps
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a
Professional Engineering Services Agreement between Stantec Consulting Services, Inc., and the
Town of Prosper, Texas, related to the design of traffic signals on First Street at Artesia Boulevard
and on Teel Parkway at Prairie Drive.
Proposed Motion:
I move to authorize the Town Manager to execute a Professional Engineering Services Agreement
between Stantec Consulting Services, Inc., and the Town of Prosper, Texas, related to the design
of traffic signals on First Street at Artesia Boulevard and on Teel Parkway at Prairie Drive.
Page 236
Item 25.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 1 OF 15
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND
STANTEC CONSULTING SERVICES INC. FOR THE DESIGN OF
2101-TR TRAFFIC SIGNAL AT FIRST STREET (FISHTRAP ROAD) & ARTESIA BOULEVARD AND
2318-TR TRAFFIC SIGNAL AT TEEL PARKWAY & PRAIRIE DRIVE
This Agreement for Professional Engineering Services, hereinafter called “Agreement,” 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 Stantec Consulting Services Inc., 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, Town desires to obtain professional engineering services in connection with the Design of
2101-TR Traffic Signal At First Street (Fishtrap Road) & Artesia Boulevard and 2318-TR Traffic Signal At Teel
Parkway & Prairie Drive, hereinafter called “Project”;
For the mutual promises and benefits herein described, Town and Consultant agree as follows:
1. Term of Agreement. This Agreement shall become effective on the date of its execution by both
Parties, and shall continue in effect thereafter until terminated as provided herein.
2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such
services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word
for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care
and skill ordinarily exercised under similar circumstances by competent members of their profession. In case of
conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from
the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all
Parties to this Agreement.
3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make
all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s
services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use
diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner
consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform
a professional service and such services must be bound, first and foremost, by the principles of sound professional
judgment and reasonable diligence.
4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all
services included in this Agreement a total fee of One Hundred and One Thousand Dollars ($101,000) for the Project
as set forth and described in Exhibit B - Compensation Schedule and incorporated herein as if written word for
word. Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed fees
shall be billed monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage,
copies, scans, sub-consultants, and similar costs are included in fees and shall be billed as completed.
Consultant agrees to submit statements to Town for professional services no more than once per month.
These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred,
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 2 OF 15
if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall
be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant
within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written
notice to Town, suspend professional services until paid.
Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as
reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement.
The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of
the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of
additional work) the payment of additional amounts.
5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s
representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town
requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist
Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make
prompt payments in response to Consultant’s statements and (v) respond in a timely fashion to requests from
Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all
information and services provided by Town or Town’s representatives.
6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of
payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or
assembled by Consultant under this Agreement and that Town may use them without Consultant's permission for
any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk.
Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for
the work it performs for Town.
7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any
reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or consultants retained by
Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s
compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by such
substitution.
8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout
the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements
and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to
commencing any work for Town.
9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE,
INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES,
EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES
OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF
LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT
ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT,
ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM
CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT.
IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES
AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 3 OF 15
RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE
OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS.
10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by
personal delivery, in writing, or by registered or certified mail to the following addresses:
Stantec Consulting Services Inc.
Dave Carter, PE, PTOE
Principal, Engineering Manager
6080 Tennyson Pkwy, Suite 200
Plano, TX 75024
Town of Prosper
Mario Canizares, Town Manager
PO Box 307
Prosper, TX 75078
mcanizares@prospertx.gov
11. Termination. The obligation to provide further services under this Agreement may be terminated by
either Party in writing upon thirty (30) calendar days notice. In the event of termination by Town, Consultant shall be
entitled to payment for services rendered through receipt of the termination notice.
12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to
anyone except Town and Consultant, and contains the entire agreement between the Parties. Oral modifications to
this Agreement shall have no force or effect.
13. Assignment and Delegation. Neither Town nor Consultant may assign its rights or delegate its
duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent
permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer,
employee or agent.
14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and
in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties
hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held
invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision
had never been contained herein.
15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirement of the
Town Charter, which is repeated in Exhibit D - Conflict of Interest Affidavit and incorporated herein as if written
word for word, and will abide by the same. Further, a lawful representative of Consultant shall execute the Affidavit
included in the exhibit. Consultant understands and agrees that the existence of a prohibited interest during the
term of this Agreement will render the Agreement voidable.
Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176,
Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of
Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit E - Conflict of
Interest Questionnaire and incorporated herein as if written word for word.
16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if
legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas.
17. 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 non-binding mediation.
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 5 OF 15
EXHIBIT A SCOPE OF SERVICES
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND
STANTEC CONSULTING SERVICES INC. FOR THE DESIGN OF
2101-TR TRAFFIC SIGNAL AT FIRST STREET (FISHTRAP ROAD) & ARTESIA BOULEVARD AND
2318-TR TRAFFIC SIGNAL AT TEEL PARKWAY & PRAIRIE DRIVE
I. PROJECT DESCRIPTION
This project includes the design of two new traffic signals that will be needed in conjunction with a new high school
being constructed on the southeast corner of Teel Parkway and First Street (Fishtrap Road) in the Town of Prosper,
Texas. The signals will be at the intersections of First Street (Fishtrap Road) at Artesia Blvd and Teel Parkway at
Prairie Drive. Proposed intersection improvements to be included with the signal design will include ADA compliant
pedestrian ramps and straight crosswalks. Spiars Engineering has developed design plans for the widening of Teel
Parkway including the future intersection of Prairie Drive which will be extended to meet Teel Parkway at an
intersection with Fire Station 2’s northern driveway. Teague Nall and Perkins, Inc. (TNP) has prepared design plans
for the extension of Prairie Drive as well as the new high school driveway on First Street which is opposite the Artesia
Blvd approach.
Stantec will design the new traffic signals per the Town’s Signal Design Guidelines. The signal improvements will
include the installation of new mast arm pole assemblies and foundations, radar vehicle detection, installation of new
pull boxes, underground conduits and cables, and mast arm-mounted signs. Pedestrian signals will be designed for
APS (Audible Pedestrian Signals). Stantec will coordinate with the City to ensure the locations of the pedestrian
signals meet the guidelines laid out in the Texas Manual of Uniform Traffic Control Devices (TMUTCD) and are in
accordance with the Town’s requirements.
The Town’s design guidelines state that curb ramps should be located to provide straight crosswalks which will
require ADA ramp and median nose modifications at the First Street and Artesia Blvd intersection. Stantec will provide
a preliminary intersection layout at the 30% design level for a field coordination meeting with Spiars, TNP and the
Town staff to evaluate the potential impact to these elements. Some of Stantec’s design for the ramp and median
nose modifications may be incorporated into the Spiars and/or TNP design plans while some will be incorporated into
the traffic signal construction package which will be a separate project.
The traffic signal plans will be developed based on engineering design CADD files provided by Spiars Engineering
and TNP. Stantec will conduct a field visit to verify existing above ground utility locations and any underground utilities
identified based on Texas811 markings. A new field survey is not being provided by Stantec as part of the basic
services. Potholing for subsurface utility engineering (SUE) is not included.
Any change to the scope of work based on additional requirements by the TOWN may result in an increase in the fee
associated with the project.
II. TASK SUMMARY
Task 1 - Traffic Signal Design. (NTP on November 15, 2023)
1. Manage the team:
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 6 OF 15
• Lead, manage, and direct design team activities
• Ensure quality control is practiced in the performance of the work
• Communicate internally among team members
• Allocate team resources
2. Communications and reporting:
• Submit monthly invoices
• Respond to email and telephone communication from the Town
• Coordinate with other agencies and entities as necessary for the design of the proposed traffic signal.
3. Meetings:
• Attend one (1) meeting with Town staff to discuss signal design criteria. As part of this meeting,
Stantec engineers will conduct a site visit at the intersection with the Town of Prosper Engineering
Department to identify traffic signal pole locations, controller cabinet location, power source location,
and to discuss specific issues concerning ADA Ramps, crosswalks and median nose modifications
if necessary.
• Attend one (1) in-person design review meeting with Town staff, Spiars and TNP.
4. Prepare 30% signal design plans (complete by January 15, 2024)
• Develop plan sheets for a permanent traffic signal based on base files.
• The 30% traffic signal design plans will show location of signal poles and foundations, ADA
ramps and median nose modifications for a starting design discussion that will occur in the field
with the Town, Spiars and TNP.
5. Prepare 60% signal design plans (complete by March 15, 2024)
• Traffic signal layout sheet(s) showing signal poles, vehicular and pedestrian signal heads,
barrier-free ramps and associated sidewalk connections, vehicle detection, pedestrian push
buttons, controller cabinet location, power source location, electrical service, conduits, ground
boxes, and all known existing and proposed utilities. Stantec will coordinate with the Town to
ensure the locations of the barrier-free ramps and pedestrian signals meet the guidelines laid
out in the Texas Manual of Uniform Traffic Control Devices (TMUTCD) and are in accordance
with the Town’s requirements.
• Signal design tables sheet(s). Chart details will be at 90%.
• Signing layout sheet detailing traffic signal related signs.
• Pavement marking sheet detailing the location of stop bars and crosswalks. It is assumed that
all other pavement markings leading up to the intersection will remain in place.
6. Prepare 90% signal design plans (complete by May 15, 2024)
• Receive comments from the Town on the preliminary plans and incorporate into plans.
• Traffic signal layout sheet(s) showing signal poles, vehicular and pedestrian signal heads, barrier-
free ramps and associated sidewalk connections, vehicle detection, pedestrian push buttons,
controller cabinet location, power source location, electrical service, conduits, ground boxes, and all
known existing and proposed utilities.
• Prepare the following plan sheets for the Pre-Final design plans:
o General Notes
o Summary of Estimated Quantities
o Traffic signal layout sheet
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 7 OF 15
o Signal design tables
o Signing layout sheet detailing traffic signal related signs.
o Town and/or TxDOT standard detail drawings
• Prepare an estimate of construction quantities and develop the preliminary opinion of probable
construction cost
• Assemble standard construction contract document using a template provided by the Town and
modify special technical specifications for the project (if any)
7. Prepare 100% PS&E construction plans (complete by July 15, 2024):
• Receive and discuss comments from the Town on the 90% plans
• Revise 90% plans, incorporating comments from the Town
• Finalize estimate of construction quantities and opinion of probable construction cost.
• Finalize construction contract documents, including special technical specifications and special
conditions (if any).
Task 2 - Bidding and Construction Phase Services. The following tasks will be provided on an hourly rate with a not
to exceed fee amount. The work will be performed as requested by the Town. If the fee is exceeded, an additional
hourly fee may be set up to cover additional work, to be approved in advance by the Town.
1. Assist the Town in securing bids. The Town will prepare the Notice to Bidders and provide it to Stantec to
update. The Town will be responsible for publishing the appropriate legal notice and be responsible for the
cost for such publications.
2. Assist the Town by responding to questions and interpreting bid documents. Prepare and issue addenda
to the bid documents to plan holders, if necessary.
3. Stantec will assist the Town in analyzing the bids received. Review the qualification information provided
by the apparent low bidder to determine if, based on the information available, they appear to be qualified
to construct the Project. Recommend award of contracts or other actions as appropriate to be taken by
the Town.
4. Assist the Town in conducting a pre-construction conference with the Contractor and review the
construction schedule prepared by the contractor in accordance with the requirements of the construction
contract.
5. Review Contractor’s submittals, including, requests for information, modification requests, shop drawings,
schedules, and other submittals in accordance with the requirements of the construction contract.
6. It is assumed that one field visit may be necessary to meet a contractor in the field to discuss any design
issues that may occur during construction.
Task 3 – Record Drawings. After construction is completed, Stantec will receive redline markups from the Contractor
and/or the Town, to be delivered electronically in PDF format. Stantec will generate a set of record drawing plans
that will incorporate these markups. The record drawings will not be signed and sealed, instead, they will bear a
stamp explaining that the plans were constructed per the 100% design plans, except as otherwise noted. Stantec
will not perform a field visit to verify the redline markups.
Task 4 – SUE Potholes. As a subconsultant to Stantec, Lina T Ramey & Associates (LTRA) will contact one call
notices at least 48 hours prior to excavating the test holes. LTRA will also complete level B at each location to
determine the toneable utilities within the proposed signal pole’s new foot print. This will aid in deciding which utilities
will need to confirmed via test holes. LTRA will conduct an on site safety meeting prior to beginning and set up a work
zone around each location. After completing each test hole, LTRA will survey the top of the utility and tie to project
control. The location will be restored to its original condition.
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Item 25.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 8 OF 15
LTRA will produce a test hole data sheet for each utility that includes top of pipe elevation, surface elevation, northing
and easting, size, pipe material and other pertinent information. Hard copies and CAD files of work completed will be
submitted.
Assumptions and Exclusions
This scope of services includes only the items specifically described above. The following items are specifically
excluded from the scope of services:
• Utility adjustment or utility relocation design is not included in this scope.
• A pavement design is not included in the scope. It is assumed any new pavement section needed will
match the as-built pavement section.
• Roadway profiles are not included in the scope. It is assumed the proposed improvements will not
impact the profile of the existing road.
• Drainage design is not included in the scope of services.
• Modification of technical standards is not included in the scope of services.
• All plans will be designed simultaneously and meetings will cover all designs.
• Roadway modifications other than what is required for ADA ramps and median nose modifications.
• Traffic counts are not included in the scope of services.
• Simulation modeling for traffic signal phasing is not included in the scope of services.
• Temporary traffic signal design is not included in the scope of services.
• Coordination and approvals from TDLR is not included in the scope of services.
• Traffic control plans are not included in the scope of services.
• Traffic signal warrant study is not included in the scope of services.
• Traffic signal timing is not included in the scope of services.
• Illumination design, except for one luminaire on each signal pole (as applicable).
• Preparation of right-of-way or easement exhibits is not included in the scope of services.
• Application and Permitting fees and special insurance premiums is not included in the scope of
services.
• Construction inspection services is not included in the scope of services.
• As-built surveys of constructed improvements is not included in the scope of services.
• Public hearings or CLIENT Council/Commission meetings is not included in the scope of services.
• Attendance at a utility coordination meeting to start the relocation process with affected franchise
utilities. Distribution of copies of final plans and proposed schedule for bid letting and construction to
affected franchise utilities is not included in the scope of services.
• Preparation or processing of change orders is not included in the scope of services.
• Coordination with TxDOT or any other agency for approval or permitting is not included in the scope of
services.
• Any additional meetings not listed in the scope of services are not included in the scope of services.
• Additional exhibits or documents not specifically outlined herein are not included in the scope of
services.
• Construction Staking Services is not included in the scope of services.
• New or Additional Boundary or Centerline Monuments are not included in the scope of services.
• Full Subsurface Utility Engineering (SUE) Services are not included in the scope of services.
• Environmental studies and permitting are not included in the scope of services.
If any of these items are required, they may be added for an additional fee.
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Item 25.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 9 OF 15
III. DELIVERABLES
Task 1 – Traffic Signal Design One (1) PDF copy of the 30% and 60% design package
One (1) PDF copy of the 90% design package, including contract
bid item list and quantities
One (1) PDF copy of the 100% Final PS&E package, contract bid
item list and quantities
Task 3 - Record Drawings One (1) PDF copy of each sheet of the record drawings
One (1) CADD file of the record drawings base map
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Item 25.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 10 OF 15
EXHIBIT B COMPENSATION SCHEDULE
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND
STANTEC CONSULTING SERVICES INC. FOR THE DESIGN OF
2101-TR TRAFFIC SIGNAL AT FIRST STREET (FISHTRAP ROAD) & ARTESIA BOULEVARD AND
2318-TR TRAFFIC SIGNAL AT TEEL PARKWAY & PRAIRIE DRIVE
I. COMPENSATION SCHEDULE
Task Completion
Schedule
Compensation
Schedule
Notice-to-Proceed November 15, 2023
First Street (Fishtrap) at Artesia Blvd
Task 1 - Traffic Signal and ADA Design July 15, 2024 $41,000
Task 2 – Bidding and Construction Phase Services TBD $5,250
Task 3 – Record Drawings TBD $1,500
Task 4 – SUE (pothole depth of utilities at 4 locations) TBD $12,500
Subtotal $60,250
Teel Pkwy at Prairie Drive
Task 1 - Traffic Signal and ADA Design July 15, 2024 $34,000
Task 2 – Bidding and Construction Phase Services TBD $5,250
Task 3 – Record Drawings TBD $1,500
Subtotal $40,750
Total Compensation $101,000
II. COMPENSATION SUMMARY
Basic Services Billing Method Amount
Task 1 – Traffic Signal Design Lump Sum
(percent complete) $75,000
Task 2 – Bidding and Construction Phase Services Time & Materials $10,500
Task 3 – Record Drawings Lump Sum
(percent complete) $3,000
Task 4 – SUE (pothole depth of utilities at 4 locations) Time & Materials $12,500
Total Basic Services: $101,000
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Item 25.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 11 OF 15
Special Services (NOT AUTHORIZED TO PROCEED) Amount
N/A $0
Total Special Services: $0
Direct Expenses Amount
None $0
Total Direct Expenses: $0
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Item 25.
LOCATION MAP Traffic Signal at First Street & Artesia Boulevard Teel Parkway First Street Artesia Boulevard Jennings Court Page 248Item 25.
LOCATION MAP Traffic Signal at Teel Parkway and Prairie Drive Prairie Drive Teel Parkway White Clover Marigold Lane Page 249Item 25.
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: Specific Use Permit for Concrete Batching Plant
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 3. Commercial Corridors are ready for Development
Agenda Item:
Conduct a public hearing and consider and act upon a request for an extension of a Specific Use
Permit (SUP) for a Concrete Batching Plant on 5.0± acres, located south of West First Street and
west of South Dallas Parkway. The property is zoned Planned Development-19 (PD-19) Lattimore
Batch Plan North and Specific Use Permit-6 (S-6) Nelson Bros Concrete Batch Plant. (S20-0002)
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning Current Land Use Future Land Use Plan
Subject
Property
Planned Development-19
& Specific Use Permit-6 Concrete Batching Plant Tollway District
North Agricultural Wholesale Warehouse Tollway District
East Commercial Corridor Wholesale Warehouse Tollway District
South Single Family-15 Concrete Batching Plant Tollway District
West Agricultural Wholesale Warehouse Tollway District
Requested Zoning:
The purpose of this request is to extend the existing Specific Use Permit (SUP) for a Concrete
Batching Plant. The original Specific Use Permit was approved in 2021 and does not expire until
October 2024; however, the extension will allow them to continue operating until October 1, 2026.
The applicant has agreed to cease operations once this extension expires.
PLANNING
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Item 26.
Page 2 of 2
The Zoning Ordinance contains the following four (4) criteria to be considered in determining the
validity of an SUP request.
1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses?
2. Are the activities requested by the applicant normally associated with the requested use?
3. Is the nature of the use reasonable?
4. Has any impact on the surrounding area been mitigated?
Staff believes the applicant has satisfied the criteria and recommends approval of the request.
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. Zoning Map
Town Staff Recommendation:
Town Staff recommends approval of the request for an extension of a Specific Use Permit for a
Concrete Batching Plant on 5.0± acres, located south of West First Street and west of South Dallas
Parkway. The extension to this Specific Use Permit will allow the concrete batching plant to
continue operations until on or before October 1, 2026. However, the applicant has agreed to
cease operations and relocate once the extension expires. Furthermore, all equipment from the
property will be removed, including the on-site modular office, when the plant ceases operations.
The applicant’s agreement to these conditions upon approval of the extension will allow the
property to be in conformance with the vision for Dallas North Tollway once the extension expires.
The Planning & Zoning Commission recommended approval of this item (4-0) at their meeting on
October 17, 2023.
Proposed Motion:
I move to approve/deny the request for an extension of a Specific Use Permit for a Concrete
Batching Plant on 5.0± acres, located south of West First Street and west of South Dallas Parkway.
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Item 26.
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Item 26.
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 – November 14, 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.
Description of Agenda Item:
Attached are the Site Plans that were acted on by the Planning & Zoning Commission at their
meeting on October 17, 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. DEVAPP-23-0148 – Chili’s (Approved 4-0)
Town Staff Recommendation:
Town Staff recommends the Town Council take no action on this item.
PLANNING
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Item 27.
ATMVAN VANPage 254
Item 27.
Page 1 of 3
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 105 South Coleman Street
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 2. Development of Downtown as Destination
Agenda Item:
Conduct a public hearing and consider and act upon a request for a Planned Development for an
Office/Retail Building on 0.4± acres, for Bryant’s First Addition, Block 11, Lots 1, 11 and 12, located
on the northeast corner of South Coleman Street and East Third Street. The property is zoned
Single Family-15. (ZONE-23-0027)
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 Old Town District
North Commercial Restaurant Old Town District
East Downtown Single Family Residential Old Town District
South Downtown Office Professional Office Old Town District
West Downtown Retail Mixed Use Old Town District
Requested Zoning:
The purpose of this request is to rezone the property from Single Family-15 to a Planned
Development with a base zoning of Downtown Retail. The intent of the request is to construct a
new commercial building with both office and retail uses. The base zoning being set as Downtown
Retail allows for both office and retail uses that the applicant is seeking.
PLANNING
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Item 28.
Page 2 of 3
History:
The Town Council set a precedent regarding commercial rezoning requests in the Downtown at
their meeting on September 26, 2023, when a rezoning request from Single Family-15 to
Downtown Retail at 313 North Coleman Street (ZONE-23-0016) was denied without prejudice.
The Town Council indicated that it was their desire to see that request and similar requests come
before them as Planned Developments instead of straight rezonings.
Uses:
The list of allowed uses within this Planned Development are far less than what is permitted by
the Downtown Retail District. In the Downtown Retail District, there are 46 uses permitted by right,
13 uses permitted with conditional standards, and 7 uses permitted with a Specific Use Permit.
This Planned Development only allows for 9 uses permitted by right as shown below:
Administrative/Medical and Professional Office
Antique Shop and Used Furniture
Artisan’s Workshop
Beauty Salon/Barber Shop
Business Service
Insurance Office
Museum/Art Gallery
Retail Stores and Shops
Retail/Service Incidental Use
Landscaping:
The landscaping requirements within this Planned Development will consist of 5’ landscape buffers
on each property line.
Architectural Standards:
The architectural standards within this Planned Development are the same as the architectural
standards for the Downtown Retail District in the Town’s Zoning Ordinance.
Budget Impact:
Thre 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. Survey
3. Letter of Intent
4. Development Standards
5. Zoning Exhibit
Town Staff Recommendation:
Town Staff recommends approval of the request for a Planned Development for an Office/Retail
Building on 0.4± acres, for Bryant’s First Addition, Block 11, Lots 1, 11 and 12, located on the
northeast corner of South Coleman Street and East Third Street. This zoning change would not
be seen as out of character with the existing neighborhood due to surrounding properties having
Page 256
Item 28.
Page 3 of 3
commercial zoning districts and commercial uses. The coffee shop to the north of the property and
the counseling office to the south of the property illuminates that this area is suitable for both office
and retail uses. Additionally, the limited number of uses allows the Town to maintain their overall
vision for Coleman Street and the Downtown area. The Planning & Zoning Commission
unanimously recommended approval at their November 7, 2023, meeting.
Proposed Motion:
I move to approve/deny the request for a Planned Development for an Office/Retail Building on
0.4± acres, for Bryant’s First Addition, Block 11, Lots 1, 11 and 12, located on the northeast corner
of South Coleman Street and East Third Street.
Page 257
Item 28.
0 200 400100
FeetSMAINST E SECOND ST
E THIRD STN MAIN STW THIRD ST
W SECOND ST COLEMANBROADWAY
FM 1385LACIM ABLVDUS HIGHWAY 380
FRONTIER PKWY
FIRST ST
PRESTON RDCOIT RDCUSTER RDLEGACY DRFM423TEELPKWYMAHARD PKWYDALLASNORTHTOLLWAYPROSPER TRL
LOVERS LN
BROADWAY ST
SHAWNEE TRLR I C H L A N D BLVDCOLEMANPRAIRIEDRIVE
GEE RD HAYS RDFISHTRAP RD
PARVIN RD
¯
Planned Development
ZONE-23-0027
105 S Coleman St
This map for illustration purposes only
Page 258
Item 28.
0 200 400100
Feet
C
C
DTSF
C
SF-15
DTR
DTO
DTO
DTO
DTSF
DTR DTR
DTO
DTSF
DTR
DTO
DTO
PD-80
DTO
DTO
DTO
DTO
DTSF DTSF
DTO
DTSF
SMAINSTE SECOND ST
E THIRD STN MAIN STW THIRD ST
W SECOND ST COLEMANBROADWAY
FM 1385LACIM ABLVDUS HIGHWAY 380
FRONTIER PKWY
FIRST ST
PRESTON RDCOIT RDCUSTER RDLEGACY DRFM423TEELPKWYMAHARD PKWYDALLASNORTHTOLLWAYPROSPER TRL
LOVERS LN
BROADWAY ST
SHAWNEE TRLR I C H L A N D BLVDCOLEMANPRAIRIEDRIVE
GEE RD HAYS RDFISHTRAP RD
PARVIN RD
¯
Planned Development
ZONE-23-0027
105 S Coleman St
This map for illustration purposes only
Page 259
Item 28.
Page 260Item 28.
2929 N CENTRAL EXPRESSWAY SUITE 270, RICHARDSON, TX 75080
972-437-1918 MICHAEL@BLUMKABRYANT.COM
PROSPER RE HOLDINGS LLC
May 2, 2023
To Whom It May Concern,
This letter is to state our intent in regard to 105 S Coleman, Prosper, Texas 75078. Prosper RE Holdings LLC is
the owner of the property and this partnership is managed by Michael Bryant and Curtis Klieger. Michael
Bryant is the managing partner of Blumka Bryant CPAs LLC and Curtis Klieger is the managing partner of
Stonewater Financial Services.
Our intent is to build a commercial building at 105 S Coleman that will house both of our firms. Additionally,
we would like to offer rental space for tenants seeking either retail or office space. Our firms will occupy the
second floor and the tenants will occupy the first floor. We want to work with the city to determine whether
the rental space is best used for office or retail tenants. Being an entry point to Downtown Prosper, we want
to build a structure that reflects the exciting development taking place already.
Thanks in advance, we are looking forward to meeting and working with everyone beautifying our home and
making it a destination for future residents and businesses.
Sincerely,
Michael Bryant
407-982-0700
michael@blumkabryant.com
Statement of Intent and Purpose
EXHIBIT “B"
Page 261
Item 28.
Exhibit “C”
Development Standards
This tract shall develop under the regulation of the Downtown Retail (DTR) District as outlined in the
Town’s Zoning Ordinance as it exists or may be amended with the following conditions:
1.0 Permitted Uses
1.1 The permitted land uses within this Planned Development District are as follows:
Administrative/Medical and Professional Office
Antique Shop and Used Furniture
Artisan’s Workshop
Beauty Salon/Barber Shop
Business Service
Insurance Office
Museum/Art Gallery
Retail Stores and Shops
Retail/Service Incidental Use
2.0 Landscaping
2.1 The landscaping requirements within this Planned Development District are as follows:
5’ Landscaping Buffer around the northern, eastern, southern, and western property
lines.
3.0 Architectural Standards
3.1 The architectural standards within this Planned Development District are as follows:
All construction shall have an approved façade plan before issuance of a building
permit.
The primary building material shall be clay fired brick. Natural stones and other
masonry materials are encouraged for architectural details and accents.
Awnings and canopies shall be architectural materials that complement the building
such as metal flashing, wood trim, or fabric. Vinyl shall not be permitted.
Choice of color for the primary façade, various architectural elements, or details
shall be compatible with the overall visual qualities existing within the original
downtown portion of the town.
Page 262
Item 28.
LOT 12LOT 11TWO STORY
PROPOSED BUILDING
7000 SQF
FLFLFLFLFLF
LFLFLFLF
L
BLOCK 11BRYANT'S ADDITION TOPROSPERVOLUME 116, PAGE 162M.R.C.C.T.LOT 10LOT 9RLOT 9RLOT 8RLOT 8RLOT 13RLOT 13RLOT 12RLOT 10LOT 9RLOT 9RLOT 8RLOT 8RLOT 13RDMJAT INVESTMENT, LLC
DOCUMENT NO.
20190301000218710
O.P.R.C.C.T.BLOCK 11BRYANT'S ADDITION TOPROSPERVOLUME 116, PAGE 162M.R.C.C.T.LOT 1LOT 1LOT 2LOT 3LOT 4LOT 5LOT 2LOT 2LOT 3LOT 3LOT 4LOT 4LOT 5P.O.B.
TRACT 2
X X
XXXX X
OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP
20' ALLEY R.O.W.
24' PROPOSED
DRIVEWAY APPROACH
CONCRETE TO BE
DEMOLISHED
F.L
RCPN0°04'37"W 140.00'N90°00'00"E 100.00'S0°04'37"E 140.00'N90°00'00"W 100.00'
5' REAR YARD
5' REAR YARD0' BUILDING LINE0' BUILDING LINEN0°04'37"W 35.00'N90°00'00"E 50.00'S0°04'37"E 35.00'N90°00'00"W 50.00'
I.R.SI.R.S
I.R.S I.R.S
TRACT 2
0.04 ACRES
McGee FAMILY PARTNERS, LTD.
DOCUMENT NO.
20170727000993550
O.P.R.C.C.T.
S 90° 00' 00" W 100.00'
N 90° 00' 00" E 50.00'
I.R.S P.O.B.
TRACT 2I.R.F N0°04'37"W20.00'N 90° 00' 00" E
67.67'
I.R.F I.R.F
N 90° 00' 00" E
67.67'
N 90° 00' 00" E 50.00'
N 90° 00' 00" E
67.67'
N 90° 00' 00" E
67.67'
N 90° 00' 00" E
67.67'
I.R.S I.R.F I.R.FC.M.~
I.R.F
C.M.~
I.R.FLOT 10BLOCK 11&12
BRYANT'S #1 ADDITION
INSTRUMENT NO. 2015-458
M.R.C.C.T.
(Basis of bearings per Plat: Inst. No. 2015-458)LOT 9RLOT 8RLOT 13RLOT 12R12PARKING SPACES 9'x20'3
PARKING SPACES
9'x20'
I.R.SS COLEMAN STREET(60' R.O.W. PER PLAT)E 3rd STREET
(60' R.O.W. PER PLAT)
I.R.F 3.37'
S0°04'37"E
OF PROP. COR.24' PROPOSEDDRIVEWAY APPROACHI.R.F 10.23'
N69°01'33"W
OF PROP. COR.
Buried Cable Sign
EXISTING FENCE TO BE DEMOLISHED
I.R.S
38.5'
0.8'
5.0'
0.5'
1.0'
24.0'4.8'20.0'
0.5'
5.0'
1.5'
10.0'9.0'9.0'9.0'10.0'
1.5'18.8'10.0'9.0'7.0'9.0'10.0'5.0'8.0'91.0'0.5'5.0'0.5'5.0'20.0'9.5'TRACT 1
LOT 11 & 12
BLOCK 11
BRYANT'S ADDITION
VOLUME 116,PAGE 162
M.R.C.C.T.
14000 Sq.Ft.R30.0'R
3
0
.
0
'
R
3
0
.
0
'R30.0'LEGEND.
R.O.W.RIGHT OF WAY
I.R.F IRON ROD FOUND
I.R.S IRON ROD SET
PROPERTY LINE
PROPOSED HANDICAP
OHP OVERHEAD UTILITY LINES
FENCE
PROPOSED BUILDING
PROPOSED CONCRETE PAVING
PROPOSED SIDEWALK
FL FIRE LANE
PROPOSED 25'X25' VISIBILITY TRIANGLE
TREE ISLAND PROPOSED
PROPOSED SHRUBS
PROPOSED LANDSCAPE AREA
PROPOSED 8' CEDAR FENCE
X
USE AREA (SQ.FT)REQUIRED NUMBER OF SPACES SPACES REQUIRED
BUSINESS OR
PROFESSIONAL OFFICE
(GENERAL)
7000
ONE SPACE PER 350 SQUARE FEET
OF GROSS FLOOR AREA EXCEPT AS
OTHERWISE SPECIFIED HEREIN.20
PARKING ANALYSIS
ACCESSIBLE SPACE
1
TOTAL SPACES REQUIRED 21
SPACES PROPOSED 15
PARKING NOTE : 25% REDUCTION PARKING 24.0'25.0'
6" RED BASE
6" RED BASE 4" WHITE LETTERS
4" WHITE LETTERS
FIRELANE NO PARKING FIRELANE NO PARKING
FIRELANE NO PARKING FIRELANE NO PARKING
C1.00
105 S COLEMAN ST. PROSPER TX 75078
SITE DEVELOPMENT ON COLEMAN STREET
09/22/2023
REVIEW
BY:
DRAWN
BY:DATE FILE NUMBER SHEET
--------
SUSTAINABLE DEVELOPMENT & CONSTRUCTION
J.D.R
DALLASL.D.J.
REVISIONS
REV. NO.REV. DATE APPROVEDDESCRIPTION
--------
PLAT NO.BLDG PERMIT NO.
----
SDC ENGINEERING TRACKING NOS.
----
JD RIVERO
HOUSTON 2 LLC
We enrich your life
Blueprint-Permit-Constructions
CITY OF PROSPER, TX.
NAME SHEET
NAME PROJECT
PROPERTY ADDRESS
CITY COUNTY & STATE OF PROJECT
3302 CANAL ST 21, HOUSTON, TX 73003
TEL.+1(214) 462 0683 www.jdrivero.com
DATE BEGIN OF PROJECT
7021 ROYAL VIEW DR. MCKINNEY TX 75070
CURTIS KLIEGER
OWNER:
OWNER ADDRESS:
JD RIVERO ENGINEERING LLC F-22854
EXISTING & PROPOSED SITE PLAN
SCALE:1" = 20'
Feet
40200
N
C1.00
1 PROPOSED SITE PLAN
SCALE: 1" = 20'
LEGAL DESCRIPTION FOR TRACT 1:
BEING LOT 11 AND 12, IN BLOCK 11, OF BRYANT'S ADDITION TO PROSPER AN ADDITION TO
THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 116, PAGE 162, OF THE MAP RECORDS OF COLLIN COUNTY, TEXAS.
LEGAL DESCRIPTION FOR TRACT 2:
BEING A 0.040 ACRE TRACT OF LANDS SITUATED IN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS, AND BEING A PORTION OF LOT 1, BLOCK 11, OF BRYANT'S ADDITION TO
PROSPER, AN ADDITION TO THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 116, PAGE 162, OF THE MAP RECORDS OF
COLLIN COUNTY, TEXAS (M.R.C.C.T.), AND BEING THAT SAME TRACT OF LAND DESCRIBED
BY DEED TO MCGEE FAMILY PARTNERS, LTD., AS RECORDED IN DOCUMENT NO.
20170727000993550, OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS,
C1.00
2 FIRE LINE
SCALE: NTS
Page 263
Item 28.
Page 1 of 3
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 202 South Parvin Street
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 2. Development of Downtown as Destination
Agenda Item:
Conduct a public hearing and consider and act upon a request for a Planned Development for an
Office Building on 0.5± acres, for Bryant’s First Addition, Block 22, Lots 7-9, located on the
northwest corner of South Parvin Street and East Second Street. The property is zoned Single
Family-15. (ZONE-23-0028)
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 Old Town District
North Downtown Office and
Specific Use Permit-3 House of Worship Old Town District
East Single Family-15 Residential Old Town District
South Downtown Office Recreation Center Old Town District
West Planned Development-
100 Assisted Living Facility Old Town District
Requested Zoning:
The purpose of this request is to rezone the property from Single Family-15 to a Planned
Development with a base zoning of Downtown Office. The intent of the request is to renovate an
existing home into a professional office. The base zoning being set as Downtown Office allows
the office uses that the applicant is seeking.
PLANNING
Page 264
Item 29.
Page 2 of 3
History:
The Town Council set a precedent regarding commercial rezoning requests in the Downtown at
their meeting on September 26, 2023, when a rezoning request from Single Family-15 to
Downtown Retail at 313 North Coleman Street (ZONE-23-0016) was denied without prejudice.
The Town Council indicated that it was their desire to see that request and similar requests come
before them as Planned Developments instead of straight rezonings.
Uses:
The list of allowed uses within this Planned Development are far less than what is permitted by
the Downtown Office District. In the Downtown Office District, there are 32 uses permitted by right,
5 uses permitted with conditional standards, and 5 uses permitted with a Specific Use Permit. This
Planned Development only allows for 3 uses permitted by right as shown below:
Administrative/Medical and Professional Office
Business Service
Insurance Office
Landscaping:
The landscaping requirements within this Planned Development will consist of 5’ landscape buffers
on each property line.
Architectural Standards:
The architectural standards within this Planned Development are the same as the architectural
standards for the Downtown Office District in the Town’s Zoning Ordinance.
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. Survey
3. Letter of Intent
4. Development Standards
5. Zoning Exhibit
6. Elevations
7. Landscape Plan
Town Staff Recommendation:
Town Staff recommends approval of the request for a Planned Development for an Office Building
on 0.5± acres, for Bryant’s First Addition, Block 22, Lots 7-9, located on the northwest corner of
South Parvin Street and East Second Street. This zoning change would not be seen as out of
character with the existing neighborhood due to surrounding properties having similar zoning. The
assisted living facility to the west of the property is in a Planned Development with a base zoning
of Downtown Office. Additionally, the limited number of uses allows the Town to maintain their
overall vision for the Downtown area. The Planning & Zoning Commission unanimously
recommended approval at their November 7, 2023, meeting.
Page 265
Item 29.
Page 3 of 3
Proposed Motion:
I move to approve/deny the request for a Planned Development for an Office Building on 0.5±
acres, for Bryant’s First Addition, Block 22, Lots 7-9, located on the northwest corner of South
Parvin Street and East Second Street.
Page 266
Item 29.
0 200 400100
Feet LANE STE THIRD ST
FIELD STS PARVIN STE THIRD ST
E SECOND ST
FIRSTCHURCH
FM 1385LACIM ABLVDUS HIGHWAY 380
FRONTIER PKWY
FIRST ST
PRESTON RDCOIT RDCUSTER RDLEGACY DRFM423TEELPKWYMAHARD PKWYDALLASNORTHTOLLWAYPROSPER TRL
LOVERS LN
BROADWAY ST
SHAWNEE TRLR I C H L A N D BLVDCOLEMANPRAIRIEDRIVE
GEE RD HAYS RDFISHTRAP RD
PARVIN RD
¯
Planned Development
ZONE-23-0028
202 S Parvin
This map for illustration purposes only
Page 267
Item 29.
0 200 400100
Feet
C
SF-15
SF-15
S-3
DTO
DTO
DTO
DTO
DTOC
DTO
DTO
DTSFDTSF
DTO
DTO
PD-81
DTSF
DTO
PD-100
DTO
DTSF
DTO
DTSF
LANE STE THIRD ST
FIELD STS PARVIN STE THIRD ST
E SECOND ST
FIRSTCHURCH
FM 1385LACIM ABLVDUS HIGHWAY 380
FRONTIER PKWY
FIRST ST
PRESTON RDCOIT RDCUSTER RDLEGACY DRFM423TEELPKWYMAHARD PKWYDALLASNORTHTOLLWAYPROSPER TRL
LOVERS LN
BROADWAY ST
SHAWNEE TRLR I C H L A N D BLVDCOLEMANPRAIRIEDRIVE
GEE RD HAYS RDFISHTRAP RD
PARVIN RD
¯
Planned Development
ZONE-23-0028
202 S Parvin
This map for illustration purposes only
Page 268
Item 29.
Page 269Item 29.
Letter of Intent
9/1/23
202 S. Parvin Prosper, TX 75078
Owners: Kevin & Jennifer Pittman
Current Zoning: Residential/Future DTO
Proposed Zoning: DTO (Downtown Office)
Description of project:
Owners purchased the historic Bounds/Webb home and intend to restore and repair it for Office
use. Kevin Pittman will use the office as the primary location for Ameriprise Financial Planning
Business. Keeping the aesthetic and historical components of the project is part of the focus. No
square footage will be added or removed.
Property description:
Home was built circa 1912 by Dr. Robert Bounds.
Lot is adjacent to Coptic Christian Church property and Lake Point Assisted Living.
Lot is 21,000 sq ft or .48 acres. Owners are in the process of replating with the intent to sell
North parcel.
We are requesting parallel on-street parking to include ADA space.
Business will only access and utilize the 1st floor consisting of 1326 sq ft. The second floor will
be restricted to storage/attic only and not accessible. They would like to keep and rope off the
historic staircase original to the home for aesthetics only.
Submitted by:
Kevin & Jennifer Pittman
Bob Jameson (Project Representative/General Contractor McKinley Creek Homes)
Page 270
Item 29.
Exhibit “C”
Development Standards
This tract shall develop under the regulation of the Downtown Office (DTO) District as outlined in the
Town’s Zoning Ordinance as it exists or may be amended with the following conditions:
1.0 Permitted Uses
1.1 The permitted land uses within this Planned Development District are as follows:
Administrative/Medical and Professional Office
Business Service
Insurance Office
2.0 Landscaping
2.1 The landscaping requirements within this Planned Development District are as follows:
5’ Landscaping Buffer around the northern, eastern, southern, and western property
lines.
3.0 Architectural Standards
3.1 The architectural standards within this Planned Development District are as follows:
All construction shall have an approved façade plan before issuance of a building
permit.
Structures shall incorporate covered porches into the front façade, a multiplicity of
roof forms, and high pitch roof lines. The recommended architectural styles are Folk
Traditional, Craftsman, and Victorian.
Page 271
Item 29.
150'
S89° 45' 48"E
140'S0°E150'
N89° 45' 48"W140'N0°EN
150'
S89° 45' 48"E
140'S0°E150'
N89° 45' 48"W140'N0°E24'-2"31'-11"22'-9"62'6'-4"8'8'
6'6'167'-4"
6'76'-9"4'6'5'22'6'12'
PORCH
ROO M 1
ROO M 2
GREAT HALL
ROO M 3
AD A BATH
SITTING
EN TRY/
RECEPTI
ON
ADA RAMP4'x28'LANDINGHALL
LO UNG E
KITCHEN /BREAK
FP/FLUE
CLO SET S PARVIN ST60' R.O.W.E. 2ND ST
60' R.O.W.4'X6' SIGNFLOWE RBEDS
FLOWERBEDS
FLOWERBEDSFLOWERBEDSFLOWERBEDS
ADA/VAN
LOADING
PAR KIN G SPAC ES:
5 TOTAL - 9'X22'
(4+1 ADA)
2560 SF
FLATWORK
(PARKING +
SIDEWALKS)
LIVING AREA
13 26 SF
6'
SI DEWALK COVERED WALKWAY/RAMP4'
FLAGST ON E
WALKWAY
4'
FLAGST ON E
WALKWAY
UTIL. POLE
(EXISTING)
4
SHEET:
SCALE:
DATE:
10/2/2023SITE PLANPITTMAN FINANCIALPLANNING202 S. PARVIN STPROSPER, TXREV 05
1/4"=1'
1"=10' SCALE HOME DESIGNED BY:AARON HAMILTONABIDE HOME DESIGNSROYSE CITY, TX / 972-533-0959AARON@ABIDEHOMEDESIGNS.COMSUBJECT PROPERTY & VICINITY
(SAT VIEW)
Page 272
Item 29.
FRONT-LEFT
BACK-RIGHT
BACK-LEFT
FRONT-RIGHT
GENERAL NOTES:
THE BUILDER SHALL VERIFY THAT SITE CONDITIONS ARE CONSISTENT WITH THESE PLANS
BEFORE STARTING WORK. WORK NOT SPECIFICALLY DETAILED SHALL BE CONSTRUCTED TO
THE SAME QUALITY AS SIMILAR WORK THAT IS DETAILED. ALL WORK SHALL BE DONE IN
ACCORDANCE WITH INTERNATIONAL BUILDING CODES AND LOCAL CODES.
WRITTEN DIMENSIONS AND SPECIFIC NOTES SHALL TAKE PRECEDENCE OVER SCALED
DIMENSIONS AND GENERAL NOTES. THE ENGINEER/DESIGNER SHALL BE CONSULTED FOR
CLARIFICATION IF SITE CONDITIONS ARE ENCOUNTERED THAT ARE DIFFERENT THAN SHOWN, IF
DISCREPANCIES ARE FOUND IN THE PLANS OR NOTES, OR IF A QUESTION ARISES OVER THE
INTENT OF THE PLANS OR NOTES. CONTRACTOR SHALL VERIFY AND IS RESPONSIBLE FOR ALL
DIMENSIONS (INCLUDING ROUGH OPENINGS).
PLEASE SEE ADDITIONAL NOTES CALLED OUT ON OTHER SHEETS.
BUILDING PERFORMANCE:
HEAT LOSS CALCULATIONS SHALL COMPLY WITH THE REQUIREMENTS OF REGIONAL AND
LOCAL CODES. SEE CALCULATIONS. PORCHES, DECKS, FOUNDATION, FIREPLACE
ENCLOSURES, AND GARAGE AREAS NOT INCLUDED IN LIVING AREA. ALL EXHAUST FANS TO BE
VENTED DIRECTLY TO THE EXTERIOR. ALL PENETRATIONS OF THE BUILDING ENVELOPE SHALL
BE SEALED WITH CAULK OR FOAM.
1
SHEET:
SCALE:
DATE:
10/2/2023PROJECTOVERVIEWPITTMAN FINANCIALPLANNING202 S. PARVIN STPROSPER, TXLayout Page Table
Num ber Title
1 PR OJE CT OVERVIEW
2 EL EV ATIONS
3 SC HE DULE S & STYLE
4 SI TE PLAN
5 PL UMBING
6 RO OF PLAN
7 FRAMING PLAN - 1F
8 EL ECTRIC AL P LAN & FIR E
EG RE SS
9 CA BIN ET PLAN/ADA
Revision Table
Label Date Revised By Description
REV 01 1/12/2021 AJH INITIAL PLAN DEVEL OPMEN T
REV 02 3/14/2023 AJH BID PLAN RELEASE
REV 04 7/27/2023 AJH VAR IOUS UPDATES
REV 05 8/9/2023 AJH UPDATED PARKIN G, BUILD ING IN FO.
REV 06 10/2/2023 AJH REVISED PARKING/WALKWAYS
REV 05
1/4"=1'
To the best of my knowledge these plans are drawn
to comply with owner's and/ or builder's
specifications and any changes made on them after
prints are made will be done at the owner's and / or
builder's expense and responsibility. The contractor
shall verify all dimensions and enclosed drawing.
Hamilton Handcrafted/Abide Home Designs is not
liable for errors once construction has begun. While
every effort has been made in the preparation of
this plan to avoid mistakes, the maker can not
guarantee against human error. The contractor of
the job must check all dimensions and other details
prior to construction and be solely responsible
thereafter.
BUILDING CONT RAC TOR/HOME OW NER
TO REVIEW AND VERIFY ALL DIMENSIONS,
SPECS, LOCAL CODE/BUILDER REQUIREMENTS &
CONNECTIONS BEFORE CO NSTRUCTION BEGINS.
MIN . CODE RECOMM ENDATIONS:
ELECTRI CAL SYSTEM CODE: SEC.2701
MECHANICAL SYST EM CODE: SEC.28 01
PLUMBING SYSTEM CODE: SEC.2901
(CO NSULT LOCAL/CITY BUILDING REQUIREM ENTS)
-I NTERIOR & EXTERIOR 3D MODEL AVAILABLE (AS NEEDED) UPON REQUEST
-2D ELECTRONIC CAD FILE AVAILABLE (.DWG, .DXF) UPON REQUEST
-PLEASE REQUEST EITHER HOMEOWNER OR VIA DESIGNER CONTACT INFO HOME DESIGNED BY:AARON HAMILTONABIDE HOME DESIGNSROYSE CITY, TX / 972-533-0959AARON@ABIDEHOMEDESIGNS.COMAPPLICABLE CODES:
BUILDING CODE:2021 INTL BUILDING CODE (IBC)
FIRE CODE:2021 INTL FIRE CODE
ENERGY CODE:2021 INTL ENERGY CONSERVATION CODE
PLUMBING CODE:2021 INTL PLUMBING CODE
MECHANICAL CODE:2021 INTL MECHANICAL CODE
ELECTRIC CODE:2021 NATIONAL ELECTRIC CODE
AL L CODES WITH LOCAL AMENDMENTS
TOTAL 1F CONDITIONED AREA: 1326 SF
FRONT PORCH:197 SF
BACK PORCH:36 SF
TOTAL 1F UNDER ROOF: 1734 SF
Page 273
Item 29.
12 : 1212 : 12
W02 - 2040SH
HDR - 69 19/32"
W01 - 2860SH
HDR - 96"
W04 - 3060SH
HDR - 96"
12 : 12
12 : 1212 : 12
W02 - 2040SH
HDR - 69 19/32"
12 : 1212 : 12
W02 - 2040SH
HDR - 69 19/32"
W01 - 2860SH
HDR - 96"
W04 - 3060SH
HDR - 96"
12 : 12
12 : 1212 : 12
W02 - 2040SH
HDR - 69 19/32"
Exterior Elevation Front
12 : 12
W02 - 2040SH
HDR - 69 19/32"
W06 - 2850SH
HDR - 80"
12 : 12
W06 - 2850SH
HDR - 80"
W06 - 2850SH
HDR - 80"
2 : 12
W06 - 2850SH
HDR - 80"
- 3068
12 : 12
12 : 12
W03 - 2050SH
HDR - 60 1/2"
12 : 12
W02 - 2040SH
HDR - 69 19/32"
W06 - 2850SH
HDR - 80"
12 : 12
W06 - 2850SH
HDR - 80"
W06 - 2850SH
HDR - 80"
2 : 12
W06 - 2850SH
HDR - 80"
- 3068
12 : 12
12 : 12
W03 - 2050SH
HDR - 60 1/2"
Exteri or Elevation Left
W01 - 2860SH
HDR - 96"
12 : 12
12 : 12
W06 - 2850SH
HDR - 80"
W05 - 2830SH
HDR - 80"
W06 - 2850SH
HDR - 80"
W05 - 2830SH
HDR - 80"W01 - 2860SH
HDR - 96"
12 : 12
12 : 12
W06 - 2850SH
HDR - 80"
W05 - 2830SH
HDR - 80"
W06 - 2850SH
HDR - 80"
W05 - 2830SH
HDR - 80"
Exterior Elevation Back
2 : 12
W01 - 2860SH
HDR - 96"
W01 - 2860SH
HDR - 96"
W02 - 2040SH
HDR - 69 19/32"
- 3068
12 : 12
12 : 12
W01 - 2860SH
HDR - 96"
W01 - 2860SH
HDR - 96"
W03 - 2050SH
HDR - 60 1/2"
12 : 12
W01 - 2860SH
HDR - 96"
W01 - 2860SH
HDR - 96"
W07 - 3016FX
HDR - 104"
2 : 12
W01 - 2860SH
HDR - 96"
W01 - 2860SH
HDR - 96"
W02 - 2040SH
HDR - 69 19/32"
- 3068
12 : 12
12 : 12
W01 - 2860SH
HDR - 96"
W01 - 2860SH
HDR - 96"
W03 - 2050SH
HDR - 60 1/2"
12 : 12
W01 - 2860SH
HDR - 96"
W01 - 2860SH
HDR - 96"
W07 - 3016FX
HDR - 104"
Exteri or Elevation Right
2
SHEET:
SCALE:
DATE:
10/2/2023
EXTERIOR MATERIALS:
SOFFIT:HARDI PLANK TRIM AND SOFFIT
SIDING:HARDI5 .25" LAP SIDING
ACCENT SIDING HARDI SINGLE, STAGGERE D
ROOF:COMPOSITE SHINGLE S (GRAY )
ROOF/AWNINGS:CFS PANEL (GALVALUME)
PORCH POSTS:8" WOOD, PAINTED
CORNER BOARD TRIM:YES
(SEE STYL E SH EET FOR ADDITIONAL INFO.)ELEVATIONSPITTMAN FINANCIALPLANNING202 S. PARVIN STPROSPER, TXREV 05
1/4"=1'HOME DESIGNED BY:AARON HAMILTONABIDE HOME DESIGNSROYSE CITY, TX / 972-533-0959AARON@ABIDEHOMEDESIGNS.COMPage 274
Item 29.
Page 275
Item 29.
Page 1 of 5
To: Mayor and Town Council
From: David Hoover, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Zoning Amendment Multi-Family
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Conduct a public hearing to consider and act upon amending Chapter 2, Section 13 – Multifamily
District; Chapter 4, Section 4.3 – Non-residential and multifamily parking provisions; and Chapter
4, Section 8 – Non-Residential & Multifamily Design and Development of the Town of Prosper
Zoning Ordinance to modify Multifamily development standards. (ZONE-23-0024)
Description of Agenda Item:
The regulations for Multifamily development are addressed within the Town’s Zoning Ordinance.
The purpose of this amendment is to modify the regulations and standards for Multifamily
development to align with the Comprehensive Plans’ guiding principle of Quality Development,
which is to maintain the community’s small-town feel by ensuring quality development occurs in a
cohesive manner, compatible with neighboring developments.
A summary of the modifications is as follows:
1. Limits Multifamily developments to the areas designated for this use in the Comprehensive
Plan and as identified on the Future Land Use Plan.
2. Requires that Multifamily development can only be approved within a Planned
Development.
3. Establishes a minimum density of 40 units per acre.
4. Removes setbacks and lot area requirements, as these can be determined on a case-by-
case basis within the Planned Development standards.
5. Requires compliance with the Dallas North Tollway Design Guidelines.
6. Increases the maximum height allowance from three stories and 50 feet to eight stories
and 110 feet.
7. Establishes a building configuration for Multifamily structures, requiring a wrap-around
configuration with a central garage surrounded by the residential units.
8. Creates a mixed-use opportunity by allowing the first floor of the building to be used for
residential or retail uses. A minimum fourteen feet ceiling height for the first floor will
accommodate retail uses.
PLANNING
Page 276
Item 30.
Page 2 of 5
9. Limits the height of the interior garage so that it will not exceed the height of the exterior
building, and all associated appurtenances, such as an elevator shaft or mechanical
equipment, shall be completely screened.
10. Modifies parking stall dimensions for structured parking garages from 18 feet by 8.5 feet
to 20 feet by 9 feet.
11. Modifies Multifamily parking standards to reflect the updated parking garage requirement
from individual unit parking garages.
12. Removes Multifamily design and development standards. These criteria will be addressed
in Planned Development standards.
Comprehensive Plan:
The Comprehensive Plan identifies Multifamily in the following Districts, which are identified on
the Future Land Use Plan:
High Density Residential - Apartments are to be a conditional primary use.
Dallas North Tollway District - Apartments are to be a conditional primary use.
Town Center District - Apartments are to be secondary in nature to a primary use.
Old Town District - Apartments are to be a conditional primary use.
Future Land Use Plan Map:
In the Town Center District and Old Town District, there is zoning for Multifamily and
construction underway on apartments developments. High Density Residential is recommended
for development of higher density single family, townhomes, duplexes and senior housing, in
addition to apartments. The Dallas North Tollway District is identified for apartments as a
primary use with conditional standards. As such, Staff recommends that all future Multifamily
zoning be limited to the areas designated in the Comprehensive Plan, as identified on the Future
Land Use Plan, and within Planned Developments. This recommendation is in conformance
with the following goals from the Comprehensive Plan.
Page 277
Item 30.
Page 3 of 5
Goal 1. Provide a variety of desirable land uses that diversify the tax base and enable all
types of people to live, work, shop, eat, and relax in Prosper.
Objective 1.11: Utilize the Dallas North Tollway (DNT) District to accommodate all new
multi-family developments in a mixed-use setting with structured garage parking.
Goal 3. Protect the quality and integrity of Prosper’s neighborhoods.
Objective 3.1: Encourage the development of quality housing throughout Prosper that
meets the needs of a diversity of housing needs, taking into consideration, among
other things, data relating to age and income, for the full life cycle of citizens to include,
but not limited to:
• Promote housing types and affordability for families with children, single parents
with children, young adults just leaving home, young professionals, empty-
nesters, retirees, and the elderly.
• Promote an adequate supply of workforce housing throughout Prosper for those
who work in the service industry in Prosper.
• Promote neighborhood desirability, value, and reinvestment.
The following section is from the Comprehensive Plan and describes the Dallas North Tollway
District. Staff responses are included to indicate how the proposed amendments to the Zoning
Ordinance fulfill the directives and vision for this District.
Dallas North Tollway District
The Dallas North Tollway District will consist of the most intense land uses within Prosper. A
diverse mixture of office, retail, and residential will likely develop along the corridor. Mid-rise
office (up to 12 stories) may be permitted throughout the corridor. Office buildings should be
designed for a “campus feel”—they should be oriented towards common public space with
significant landscaping and should be linked by a pedestrian network. A common architectural
theme should also be established for a consistent visual appearance. Mixed-use development
should be encouraged and should contain a mixture of office, retail and residential uses. Mixed-
use lofts/apartments would be the most appropriate residential use within this District. Structured
parking should be encouraged in more intense areas to limit the presence and visibility of large
parking lots. Structured parking should be oriented to minimize visibility from the Tollway. The
Town may explore an overlay zoning district to better accommodate the preferred development
outcomes in the Dallas North Tollway District.
Multi-family development must be well-planned and accounted for within Town limits. With more
multi-family development requests, locations and standards for such development must be
carefully considered to meet the Town’s expectations.
Proposed Amendments:
Limit Multifamily developments to the areas designated in the Comprehensive Plan, as
identified on the Future Land Use Plan.
Multifamily development can only be approved within a Planned Development.
While North Texas multi-family development has historically been associated with sprawling,
garden-style apartments from the 20th century, multi-family developments have greatly improved
since the start of the 21st century. For instance, many multi-family developers are not
constructing garden-style apartment complexes, but modern, higher density, multi-family
developments that are attractive to young professionals and empty nesters.
Proposed Amendments:
Multifamily structures will have a wrap-around configuration with a central garage
surrounded by the residential units.
Page 278
Item 30.
Page 4 of 5
The height of the garage shall not exceed the height of the exterior building and all
associated appurtenances, such as an elevator shaft or mechanical equipment, shall be
completely screened.
Modification of parking stall dimensions for structured parking garages from 18 feet by
8.5 feet to 20 feet by 9 feet.
Modification of Multifamily parking standards to reflect the updated parking garage
requirement from individual unit parking garages.
These developments are typically of a high-quality appearance and provide luxury amenities like
dog parks and pet cleaning stations, saltwater pools, structured or covered parking, saunas, and
innovative clubhouses.
Proposed Amendments:
Multifamily development can only be approved within a Planned Development, and
amenity standards can be determined with the zoning criteria for the development.
Compliance with the Dallas North Tollway Design Guidelines.
Additionally, some multi-family developments incorporate other uses on the ground floor like
office spaces, retail shops, and restaurants to create a vibrant, inclusive, and cohesive
development.
Proposed Amendment:
The first floor of the building may be used for residential or retail uses. A minimum
fourteen feet ceiling height for the first floor will accommodate retail uses.
In Prosper’s instance, multi-family development should occur at strategic locations and have strict
development standards and offer a high level of amenities to residents. This will create attractive
multi-family developments that serve a critical housing need for a rapidly growing community like
Prosper.
Any new multi-family development product should:
1) Meet the Town’s vision of providing housing excellence,
2) Provide quality-of-life amenities to foster the development and the Town as a desirable
and unique community,
3) Be compatible with neighboring developments,
4) Be at a high density (more than 40 dwelling units per acre), and
5) Be located in the DNT District.
The community prefers to see modern apartments with some retail services located in the DNT
District. The Town should consider increasing density requirements to at least a minimum of 40
dwelling units per acre to achieve such an apartment style.
Proposed Amendments:
Establishes a minimum density of 40 units per acre. The density can be increased in the
Planned Development standards.
Removes setbacks and lot area requirements, as these can be determined on a case-by-
case basis within the Planned Development standards.
Increases the maximum height allowance from three stories and 50 feet to eight stories
and 110 feet.
Amenities, structured parking, range of unit densities, types, and size, integration into the street
and trails network, public art and industry leading building designs and materials should guide the
Town’s preferences for multi-family development.
Page 279
Item 30.
Page 5 of 5
Proposed Amendment:
Removes Multifamily design and development standards. These criteria will be
addressed in Planned Development standards.
In Prosper’s instance, multi-family may be preferable near intersections in the Dallas North Tollway
District. Additionally, multi-family development may be suitable in other locations behind
commercial nodes where a transition from commercial to single-family residential development
may be necessary.
Proposed Amendments:
Limit Multifamily developments to areas designated in the Comprehensive Plan, as
identified on the Future Land Use Plan.
Multifamily development can only be approved within a Planned Development.
Staff finds that the proposed amendments uphold the Town’s Comprehensive Plan.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
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. Redlined Text Amendments
2. Proposed Text Amendments
Town Staff Recommendation:
Town Staff recommends the Town Council approve amending Chapter 2, Section 13 – Multifamily
District; Chapter 4, Section 4.3 – Non-residential and multifamily parking provisions; and Chapter
4, Section 8 – Non-Residential & Multifamily Design and Development of the Town of Prosper
Zoning Ordinance to modify Multifamily development standards. The Planning & Zoning
Commission unanimously recommended approval at their November 7, 2023, meeting.
Proposed Motion:
I move to approve amending Chapter 2, Section 13 – Multifamily District; Chapter 4, Section 4.3
– Non-residential and multifamily parking provisions; and Chapter 4, Section 8 – Non-Residential
& Multifamily Design and Development of the Town of Prosper Zoning Ordinance to modify
Multifamily development standards. (ZONE-23-0024)
Page 280
Item 30.
Page 6 of 14
Attachment No. 1
A red lined version of the current Zoning Ordinance sections that are proposed to be amended
with additions shown in blue and underlined, and the deleted sections shown in red with strike
through.
CHAPTER 2 ZONING DISTRICTS
SECTION 13. MULTIFAMILY DISTRICT
13.1 General purpose and description.
Multifamily Districts shall be limited to the areas designated in the Comprehensive Plan,
as identified on the Future Land Use Plan, and must be in a Planned Development District. The
Multifamily District will provide for development of high density attached residential dwelling
units, not to exceed 15 units per acre built at a minimum 40 units per acre. The standards in this
district are intended to promote stable, quality multiple occupancy residential development at
high densities. The principal permitted land uses will include apartment complexes and
townhomes. Other uses, such as religious and educational facilities, parks, and open spaces
will be provided for to maintain a balanced, orderly, convenient, and attractive residential area.
This zoning district should be located adjacent to a major thoroughfare and is appropriate in
areas designated as high density residential on the Future Land Use Plan. Limited amounts of
this district may also be appropriate in areas designated as Tollway Corridor or U.S. 380
Adjacency Corridor on the Future Land Use Plan. Development shall comply with the Dallas
North Tollway Design Guidelines, as it exists or may be amended.
13.2 REGULATIONS.
A. Maximum Minimum Permitted Density: 15 40 units per acre.
B. Size of Yards: The size of Front, Side, and Rear Yards shall be determined at the time of
development.
1. Minimum Front Yard — 50 feet for one or two story structures.
— One hundred fifty feet for three story structures.
2. Minimum Side Yard — 50 feet for one or two story structures adjacent to property that
is either zoned or designated on the Future Land Use Plan for single family or two family
uses.
— One hundred fifty feet for three story structures adjacent to property that is either
zoned or designated on the Future Land Use Plan for single family or two
family uses.
— Thirty feet for one or two story structures adjacent to property that is either zoned
or designated on the Future Land Use Plan for multifamily or nonresidential
uses.
— One hundred feet for one or two story structures adjacent to property that is either
zoned or designated on the Future Land Use Plan for multifamily or
nonresidential uses.
— Multiple structures constructed on the same lot shall maintain a minimum
separation of 30 feet.
Page 281
Item 30.
Page 7 of 14
3. Minimum Rear Yard — Same as Minimum Side Yard requirements above.
C. Size of Lots: The size of lots shall be determined at the time of development.
1. Minimum Lot Area — One acre.
2. Minimum Lot Width — 100 feet.
3. Minimum Lot Depth — 150 feet.
D. Minimum Dwelling Area:
1. One or two bedroom — 850 square feet.
2. Additional bedrooms — 150 square feet per additional bedroom.
E. Maximum Height: Three Eight stories, no greater than 50 110 feet.
F. Lot Coverage: 45 percent.
G. Minimum Usable Open Space: 30 percent.
H. Building Configuration: Multifamily structures shall have a wrap-around configuration that
consists of central garage surrounded by the residential units on the exterior of the building.
I. First Floor: The ceiling height of the first floor shall be a minimum fourteen feet (14’) in
height. The first floor of the building may be used for residential or retail uses that are
specified in the Planned Development ordinance.
J. Garage Height: The height of the garage shall not exceed the height of the exterior
building and all associated appurtenances, such as an elevator shaft or mechanical
equipment, shall be completely screened.
13.3 Permitted uses.
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in Section 1.3
of Chapter 3.
Page 282
Item 30.
Page 8 of 14
CHAPTER 4 DEVELOPMENT REQUIREMENTS
* * *
SECTION 4. PARKING, CIRCULATION, AND ACCESS
* * *
4.3 Non-residential and multifamily parking provisions.
* * *
E. Each head-in parking space shall be a minimum of nine feet wide and 20
feet long, exclusive of driveways and maneuvering aisles, and shall be of
usable shape and condition (see Chapter 5, Section 2.3, Illustrations A -G).
Where it is possible for a vehicle to overhang the front of a parking space
above a paved, stoned, mulched, or grassed area other than a sidewalk,
street right-of-way, or adjacent property, the depth of the standard space
may be reduced to 18 feet. No parking space shall overhang required
landscape areas. Parallel parking spaces must be a minimum of eight feet
wide and 22 feet long. Parking spaces within non -residential and multifamily
structured parking garages shall be a minimum of eight and one-half nine
feet wide and 18 20 feet long.
* * *
U. Multifamily parking shall be in a structured garage that is wrapped by the
residential units, as described in Chapter 2, Section 13.2.H. Any surface
parking associated with a Multifamily development for leasing area, guest
parking, retail uses, etc. Multifamily parking is only allowed between the
building and a public street when located at or beyond the required
landscape setback and screened with a headlight screen of earthen berms
and/or a row of shrubs. Buildings with enclosed garages, when adjacent to
a public street, must face garage doors internally to the development.
Garage doors may not face a public street. No detached garages may be
located between residential buildings and a public street . Enclosed garage
parking spaces shall be a minimum of ten by 20 feet.
Page 283
Item 30.
Page 9 of 14
SECTION 8. NON-RESIDENTIAL & MULTIFAMILY DESIGN AND DEVELOPMENT
* * *
8.1 Applicability.
The regulations provided in Sections 8.2—8.6 shall apply to all office, retail, restaurant, service,
automobile, and commercial uses. The regulations provided in sections Section 8.7—8.10 8.3
shall apply to all industrial, wholesale, and institutional uses. Where the regulations of this
section conflict with other sections of this ordinance, the regulations of this section shall apply.
The intent of these provisions is to promote high-quality architecture that relates to the street,
scale of development, and surrounding land uses by utilizing three properties of good design:
massing, use of materials, and attention to detail.
* * *
8.4 Multifamily development standards.
A. All exterior facades for a main building or structure, excluding glass windows and doors, in
the MF District shall be constructed of 100 percent masonry as defined in Chapter 3,
Section 2. The use of stucco and EIFS are only permitted as secondary or accent materials.
1. The Town Council, after recommendation by the Planning and Zoning Commission, may
grant an exception to the foregoing exterior façade and design requirements, based
upon consideration of the criteria listed in subpart 2, below.
2. In considering an exception to the exterior façade requirements, the Planning and
Zoning Commission and Town Council may consider whether a proposed alternate
material:
a. Is a unique architectural expression;
b. Includes unique building styles and materials;
c. Is consistent with high quality development;
d. Is or would be visually harmonious with existing or proposed nearby buildings;
e. Has obvious merit based upon the quality and durability of the materials; and
f. Represents an exterior building material that is in keeping with the intent of this
chapter to balance the abovementioned objectives.
3. Any exterior façade exception shall be considered in conjunction with a preliminary site
plan or site plan application.
B. The Town Council may approve materials which are equivalent to, or exceed, the standards
set forth in herein.
C. Structure Separation. Multifamily structures on the same parcel shall have the following
minimum distance between structures:
1. From main structure to main structure with walls that have openings for doors or
windows on facades facing each other.
a. Face to Face: 50 feet
b. Face to End: 30 feet
c. Corner to Face or End: 30 feet
d. End to End: 30 feet
Page 284
Item 30.
Page 10 of 14
2. From main structure to main structure with walls that do not have openings, the
minimum distance between structures is 20 feet for one- and two-story buildings and 30
feet for three-story buildings.
3. From main structure to accessory buildings or pools, the minimum distance between
structures is 20 feet.
4. From main structure to free standing garage building, the minimum distance between
structures is 30 feet.
D. All multifamily buildings shall be designed to incorporate a form of architectural articulation
every 30 feet, both horizontally along each wall's length and vertically along each wall's
height. Acceptable articulation may include the following:
• Canopies, awnings, or porticos;
• Recesses/projections;
• Arcades;
• Arches;
• Architectural details (such as tile work and moldings) integrated into the building
facade;
• Articulated ground floor levels or base;
• Articulated cornice line;
• Integrated planters or wing walls that incorporate landscape and sitting areas;
• Offsets, reveals or projecting rib used to express architectural or structural bays;
• Accent materials (minimum 15 percent of exterior facade);
• Varied roof heights;
• Or other architectural features approved by the Director of Development Services or
his/her designee.
E. All buildings shall be designed to incorporate a form of window articulation. Acceptable
articulation may include the following:
• Detailed/patterned mullions
• Glass depth from wall minimum eight inches
• Projected awnings/sunshades
• Water table in lieu of floor to ceiling glass
Page 285
Item 30.
Page 11 of 14
• Articulated lintel (i.e. soldier course in brick or material change EIFS or cast stone with
minimum one-half inch projection)
• Articulated sill (i.e. soldier course in brick or material change EIFS or cast stone with
minimum one-half inch projection)
• Cast stone surrounds on entire window
F. All buildings constructed primarily of brick shall incorporate a form of brick patterning
(excluding typical traditional brick patterning, i.e. Running Bond). Acceptable patterning may
include those represented below, or similar subject to approval by the Director of
Development Services:
G. All multifamily buildings shall incorporate a pitched, gabled, mansard, hipped, or otherwise
sloped roof. All sloped roofs shall have a three in 12 inch minimum slope. Wood shingles
are prohibited.
Page 286
Item 30.
Page 12 of 14
Attachment No. 2
A final version of the proposed text amendments.
CHAPTER 2 ZONING DISTRICTS
SECTION 13. MULTIFAMILY DISTRICT
13.1 General purpose and description.
Multifamily Districts shall be limited to the areas designated in the Comprehensive Plan,
as identified on the Future Land Use Plan, and must be in a Planned Development District. The
Multifamily District will provide for development of high density attached residential dwelling
units, built at a minimum 40 units per acre. The standards in this district are intended to promote
stable, quality multiple occupancy residential development at high densities. The principal
permitted land uses will include apartment complexes Development shall comply with the Dallas
North Tollway Design Guidelines, as it exists or may be amended.
13.2 REGULATIONS.
C. Minimum Permitted Density: 40 units per acre.
D. Size of Yards: The size of Front, Side, and Rear Yards shall be determined at the time of
development.
C. Size of Lots: The size of lots shall be determined at the time of development.
D. Minimum Dwelling Area:
1. One or two bedroom — 850 square feet.
2. Additional bedrooms — 150 square feet per additional bedroom.
E. Maximum Height: Eight stories, no greater than 110 feet.
F. Lot Coverage: 45 percent.
G. Minimum Usable Open Space: 30 percent.
H. Building Configuration: Multifamily structures shall have a wrap-around configuration that
consists of central garage surrounded by the residential units on the exterior of the building.
I. First Floor: The ceiling height of the first floor shall be a minimum fourteen feet (14’) in
height. The first floor of the building may be used for residential use or retail uses that are
specified in the Planned Development ordinance.
J. Garage Height: The height of the garage shall not exceed the height of the exterior
building and all associated appurtenances, such as an elevator shaft or mechanical
equipment, shall be completely screened.
13.3 Permitted uses.
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in Section 1.3
of Chapter 3.
Page 287
Item 30.
Page 13 of 14
CHAPTER 4 DEVELOPMENT REQUIREMENTS
* * *
SECTION 4. PARKING, CIRCULATION, AND ACCESS
* * *
4.3 Non-residential and multifamily parking provisions.
* * *
E. Each head-in parking space shall be a minimum of nine feet wide and 20
feet long, exclusive of driveways and maneuvering aisles, and shall be of
usable shape and condition (see Chapter 5, Section 2.3, Illustrations A -G).
Where it is possible for a vehicle to overhang the front of a parking space
above a paved, stoned, mulched, or grassed area other than a sidewalk,
street right-of-way, or adjacent property, the depth of the standard space
may be reduced to 18 feet. No parking space shall overhang required
landscape areas. Parallel parking spaces must be a minimum of eight feet
wide and 22 feet long. Parking spaces within non -residential and multifamily
structured parking garages shall be a minimum of nine feet wide and 20 feet
long.
* * *
U. Multifamily parking shall be in a structured garage that is wrapped by the
residential units, as described in Chapter 2, Section 13.2.H. Any surface
parking associated with a Multifamily development for leasing area, guest
parking, retail uses, etc. is only allowed between the building and a public
street when located at or beyond the required landscape setback and
screened with a headlight screen of earthen berms and/or a row of shrubs.
Page 288
Item 30.
Page 14 of 14
SECTION 8. NON-RESIDENTIAL & MULTIFAMILY DESIGN AND DEVELOPMENT
* * *
8.1 Applicability.
The regulations provided in Section 8.2 shall apply to all office, retail, restaurant, service,
automobile, and commercial uses. The regulations provided in Section 8.3 shall apply to all
industrial, wholesale, and institutional uses. Where the regulations of this section conflict with
other sections of this ordinance, the regulations of this section shall apply.
The intent of these provisions is to promote high-quality architecture that relates to the street,
scale of development, and surrounding land uses by utilizing three properties of good design:
massing, use of materials, and attention to detail.
OFFICE, RETAIL, RESTAURANT, SERVICE, AUTOMOBILE, AND COMMERCIAL
DEVELOPMENT STANDARDS
8.2 Exterior appearance of buildings and structures.
* * *
INDUSTRIAL, WHOLESALE, AND INSTITUTIONAL DEVELOPMENT STANDARDS
8.3 Exterior appearance of buildings and structures.
* * *
Page 289
Item 30.
Page 1 of 5
To: Mayor and Town Council
From: David Hoover, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Zoning Amendment - Dumpster Screening
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Conduct a public hearing to consider and act upon amending Chapter 4, Section 5.2 – Location
of Required Screening, of the Town of Prosper Zoning Ordinance to modify the screening
requirements for trash and recycling collection areas. (ZONE-23-0025)
Description of Agenda Item:
Trash and recycling collection areas are necessary but can be unsightly. Regulations are in place
within the Town’s Zoning Ordinance to minimize the visibility of the containers. Based on
discussions and comments provided by the Town Council, Staff has reviewed the criteria and is
recommended additional criteria to minimize the visual impact of the refuse, the containers and
the screening walls installed that shield them. Specific height regulations for the screening walls
are being removed and replaced with a general requirement that the walls be of sufficient height
to screen the container, since container heights may vary or change over time.
The following is a summary of the modifications:
1. Trash and recycling collection areas shall not be located between a building and street
unless approved by the Director of Development Services, or his/her designee.
2. The metal gate shall be closed at all times unless the container(s) are being serviced.
3. The height of the screening walls will be of sufficient height to entirely screen the
container(s).
4. A row of evergreen shrubs will be provided in a five -foot landscape area around all three
walls of the enclosure.
5. The path used from the business door to the collection area enclosure shall remain clear
of debris and food residue at all times.
PLANNING
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Item 31.
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Below are pictures of trash and recycling enclosures taken on a Sunday morning.
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Item 31.
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Item 31.
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Examples of dumpster screening with landscaping around the screening walls:
Examples of dumpster screening without landscaping around the screening walls:
Comprehensive Plan:
Staff finds that the proposed modifications are compliant with the following guiding principle and
goal of the Comprehensive Plan:
Guiding Principle: Quality Development - Maintain the community’s small-town feel by ensuring
quality development occurs in a cohesive manner, compatible with neighboring developments.
Goal 4: Require high-quality and visually attractive characteristics in both residential and
nonresidential developments.
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. Redlined Text Amendments
2. Proposed Text Amendments
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Item 31.
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Town Staff Recommendation:
Town Staff recommends the Town Council approve amending Chapter 4, Section 5.2 – Location
of Required Screening, of the Town of Prosper Zoning Ordinance to modify the screening
requirements for trash and recycling collection areas. The Planning & Zoning Commission
unanimously approved at their November 7, 2023, meeting.
Proposed Motion:
I move to approve amending Chapter 4, Section 5.2 – Location of Required Screening, of the
Town of Prosper Zoning Ordinance to modify the screening requirements for trash and recycling
collection areas.
Page 294
Item 31.
Page 6 of 9
Attachment No. 1
A red lined version of the current Zoning Ordinance sections that are proposed to be amended
with additions shown in blue and underlined, and the deleted sections shown in red with strike
through.
CHAPTER 4 DEVELOPMENT REQUIREMENTS
* * *
SECTION 5. SCREENING FENCES AND WALLS
* * *
5.2 Location of required screening.
* * *
E. Trash and recycling collection area requirements are as follows:
6. Trash and recycling collection are as shall be located to minimize
visibility.
7. Trash and recycling collection areas shall not be located between a
building and street unless approved by the Director of Development
Services, or his/her designee.
8. Collection area enclosures shall contain permanent walls on three
sides with the service opening not directly facing any public right -
of-way or any residentially zoned property, unless setback a
minimum of 250 feet from the right -of-way or residentially zo ned
property. The fourth side will incorporate a metal gate of a height
equal to the height of the wall to visually screen the dumpster or
compactor. The metal gate shall be closed at all times unless the
container(s) are being serviced.
9. Screening enclosures shall be visually and aesthetically
compatible with the overall project.
10. Trash and recycling receptacles shall be screened with a six foot
clay fired brick or stone wall of sufficient height to entirely screen
the container(s) and of a color that is consistent with the color of
the primary building.
11. Trash compactors shall be screened with an eight foot a clay fired
brick or stone wall of sufficient height to entirely screen the
container(s) and of a color that is consistent with the color of the
primary building.
12. Enclosure sizes and specifications shall be determined by the
town's Town’s trash and recycling contractor.
13. A row of Nellie R. Stevens Holly, or other evergreen species as
approved by the Director of Development Services , or his/her
designee, that is a minimum four feet in (4’) height at the time of
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Item 31.
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planting and has a mature height of a minimum six feet (6’), shall
be planted in a minimum five-foot (5’) wide landscaped area that
borders the three permanent walls of the enclosure. If this
required landscape area is located on the perimeter of the
property, the perimeter landscape area may be used towards this
requirement and will not need to be widened , provided that it is a
minimum five feet (5’) in width and can accommodate the required
plantings.
14. The path used from the business door to the collection area
enclosure shall remain clear of debris and food residue at all
times.
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Item 31.
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Attachment No. 2
A final version of the proposed text amendments.
CHAPTER 4 DEVELOPMENT REQUIREMENTS
* * *
SECTION 5. SCREENING FENCES AND WALLS
* * *
5.2 Location of required screening.
* * *
E. Trash and recycling collection area requirements are as follows:
1. Trash and recycling collection areas shall be located to minimize
visibility.
2. Trash and recycling collection areas shall not be located between a
building and street unless approved by the Director of Development
Services, or his/her designee.
3. Collection area enclosures shall contain permanent walls on three
sides with the service opening not directly facing any public right -
of-way or any residentially zoned property, unless setback a
minimum of 250 feet from the right -of-way or residentially zo ned
property. The fourth side will incorporate a metal gate of a height
equal to the height of the wall to visually screen the dumpster or
compactor. The metal gate shall be closed at all times unless the
container(s) are being serviced.
4. Screening enclosures shall be visually and aesthetically
compatible with the overall project.
5. Trash and recycling receptacles shall be screened with a clay fired
brick or stone wall of sufficient height to entirely screen the
container(s) and of a color that is consistent with the color of the
primary building.
6. Trash compactors shall be screened with a clay fired brick or stone
wall of sufficient height to entirely screen the container(s) and of a
color that is consistent with the color of the primary building.
7. Enclosure sizes and specifications shall be determined by the
Town’s trash and recycling contractor.
8. A row of Nellie R. Stevens Holly, or other evergreen species as
approved by the Director of Development Services, or his/her
designee, that is a minimum four feet in (4’) height at the time of
planting and has a mature height of a minimum six feet (6’), sh all
be planted in a minimum five-foot (5’) wide landscaped area that
borders the three permanent walls of the enclosure. If this
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Item 31.
Page 9 of 9
required landscape area is located on the perimeter of the
property, the perimeter landscape area may be used towards this
requirement and will not need to be widened, provided that it is a
minimum five feet (5’) in width and can accommodate the required
plantings.
9. The path used from the business door to the collection area
enclosure shall remain clear of debris and food residue at all
times.
Page 298
Item 31.
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: Zoning Amendment Automotive Sales
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Conduct a public hearing to consider and act upon amending Chapter 3, Section 1.4, Subpart 38
– Automobile Sales/Leasing, Used, of the Town of Prosper Zoning Ordinance to provide additional
criteria for this use. (ZONE-23-0026)
Description of Agenda Item:
The Town’s Zoning Ordinance regulates what types of uses are allowed in each zoning district.
Uses can be permitted by right, permitted with conditions or require a Specific Use Permit. The
use “Automobile Sales/Leasing, Used” is permitted with conditions in the Commercial, Commercial
Corridor, and Industrial zoning districts. The two conditions that apply to this use are as follows:
a) A Specific Use Permit is required in the Commercial and Commercial Corridor Districts.
b) The distance requirement from any residential zoning district as established in Section
9.11 of Chapter 4 shall apply.
In accordance with direction from the Town Council, Staff recommend an amendment to add the
following criteria that will only allow a used car dealership to operate in conjunction with a new car
dealership.
Used vehicle sales are only permitted as an accessory use to new vehicle sales. (Prohibition
includes car rental agencies.)
Comprehensive Plan:
Staff finds that the proposed modification is compliant with the following guiding principle and goals
of the Comprehensive Plan:
Guiding Principle: Quality Development - Maintain the community’s small-town feel by ensuring
quality development occurs in a cohesive manner, compatible with neighboring developments.
Goal 1: Provide a variety of desirable land uses that diversify the tax base and
enable all types of people to live, work, shop, eat, and relax in Prosper.
PLANNING
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Item 32.
Page 2 of 2
One of the takeaways from the Comprehensive Plan Advisory Committee exercises in
preparation for creating the Comprehensive Plan was to “restrict uses like auto dealerships
where little tax value is generated.”
Goal 4: Require high-quality and visually attractive characteristics in both residential and
nonresidential developments.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
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. Redlined Text Amendments
2. Proposed Text Amendments
Town Staff Recommendation:
Town Staff recommends the Town Council approve amending Chapter 3, Section 1.4, Subpart 38
– Automobile Sales/Leasing, Used, of the Town of Prosper Zoning Ordinance to provide additional
criteria for this use. The Planning & Zoning Commission voted to unanimously approve at their
November 7, 2023, meeting.
Proposed Motion:
I move to approve amending Chapter 3, Section 1.4, Subpart 38 – Automobile Sales/Leasing,
Used, of the Town of Prosper Zoning Ordinance to provide additional criteria for this use.
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Item 32.
Page 3 of 4
Attachment No. 1
A red lined version of the current Zoning Ordinance sections that are proposed to be amended
with additions shown in blue and underlined.
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 1. - USE OF LAND AND BUILDINGS
* * *
1.4 - Conditional development standards.
* * *
38. Automobile Sales/Leasing, Used.
a) A Specific Use Permit is required in the Commercial and
Commercial Corridor Districts.
b) The distance requirement from any residential zoning district as
established in Section 9.11 of Chapter 4 shall apply.
c) Used vehicle sales are only permitted as an accessory use to
new vehicle sales. (Prohibition includes car rental agencies.)
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Item 32.
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Attachment No. 2
A final version of the proposed text amendments.
CHAPTER 3 PERMITTED USES AND DEFINITIONS
SECTION 1. USE OF LAND AND BUILDINGS
* * *
1.4 Conditional development standards.
* * *
38. Automobile Sales/Leasing, Used.
a) A Specific Use Permit is required in the Commercial and
Commercial Corridor Districts.
b) The distance requirement from any residential zoning district as
established in Section 9.11 of Chapter 4 shall apply.
c) Used vehicle sales are only permitted as an accessory use to
new vehicle sales. (Prohibition includes car rental agencies.)
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Item 32.
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: Property Acquisition – First Street (DNT - Coleman)
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 1. Acceleration of Infrastructure
Agenda Item:
Consider and act upon a resolution of the Town Council of the Town of Prosper, Texas, declaring
the public necessity to acquire certain properties for right-of-way, and temporary construction
easements for the construction of the First Street (DNT - Coleman) project; determining the public
use and necessity for such acquisition; authorizing the acquisition of property rights necessary for
said Project; appointing an appraiser and negotiator as necessary; authorizing the Town Manager
to establish just compensation for the property rights to be acquired; authorizing the Town
Manager to take all steps necessary to acquire the needed property rights in compliance with all
applicable laws and resolutions; and authorizing the Town Attorney to institute condemnation
proceedings to acquire the property if purchase negotiations are not successful.
Description of Agenda Item:
The Town is in the process of developing engineering plans for the construction of the First Street
(DNT - Coleman) project. To facilitate the construction of the project, it is necessary for the Town
to acquire several parcels of right-of-way, and temporary construction easements. At the July 26,
2022, Town Council Meeting, Council acted on Resolution No. 2022-40 declaring the necessity to
acquire certain properties for right-of-way, drainage easements, water easements, and temporary
construction easements for the construction of the First Street (DNT - Coleman) project. This item
addresses changes encountered during the acquisition process for two (2) of those parcels that
have altered the area of real property that needs to be acquired. The two (2) properties are
identified in the attached resolution, and the location map included with this agenda item depicts
the properties affected. As with other similar road construction projects, it is not anticipated that
all parcels will require the use of eminent domain to complete the acquisition process, however,
staff is requesting advance authorization to pursue acquisition by eminent domain if standard
negotiations are unsuccessful.
Budget Impact:
There is no budgetary impact affiliated with this item.
ENGINEEERING
SERVICES
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Item 33.
Page 2 of 2
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the resolution as to form
and legality.
Attached Documents:
1. Resolution
2. Location Map
Town Staff Recommendation:
Town staff recommends that the Town Council approve the attached resolution declaring the
public necessity to acquire certain properties for right-of-way, and temporary construction
easements for the construction of the First Street (DNT - Coleman) project; determining the public
use and necessity for such acquisition; authorizing the acquisition of property rights necessary for
said Project; appointing an appraiser and negotiator as necessary; authorizing the Town Manager
to establish just compensation for the property rights to be acquired; authorizing the Town
Manager to take all steps necessary to acquire the needed property rights in compliance with all
applicable laws and resolutions; and authorizing the Town Attorney to institute condemnation
proceedings to acquire the property if purchase negotiations are not successful.
Proposed Motion:
I move to approve the attached resolution declaring the public necessity to acquire certain
properties for right-of-way, and temporary construction easements, for the construction of the First
Street (DNT – Coleman) project with such properties being more particularly described in the
attached Resolution; determining the public use and necessity for such acquisition; authorizing
the acquisition of property rights necessary for said Project; appointing an appraiser and negotiator
as necessary; authorizing the Town Manager to establish just compensation for the property rights
to be acquired; authorizing the Town Manager to take all steps necessary to acquire the needed
property rights in compliance with all applicable laws and resolutions; and authorizing the Town
Attorney to institute condemnation proceedings to acquire the property if purchase negotiations
are not successful.
Please note: Pursuant to Section 2206.053(c) of the Texas Government Code, if two (2) or
more councilmembers object to adopting this single Resolution for all the properties
referenced therein, a separate record vote must be taken for each unit of property.
This item requires a roll call vote.
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Item 33.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023-___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN REAL
PROPERTIES FOR RIGHT-OF-WAY, AND TEMPORARY CONSTRUCTION
EASEMENTS FOR THE CONSTRUCTION OF THE FIRST STREET (DNT -
COLEMAN) PROJECT; DETERMINING THE PUBLIC USE AND NECESSITY
FOR SUCH ACQUISITIONS; AUTHORIZING THE ACQUISITION OF
PROPERTY RIGHTS NECESSARY FOR SAID PROJECT; APPOINTING AN
APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE
TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH
JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED;
AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY
TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL
APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE TOWN
ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE
THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has
determined that there exists a public necessity to acquire certain property interests for the
construction of the First Street (DNT - Coleman) project, the location of which is generally set
forth in the exhibits attached to this resolution; and
WHEREAS, the Town Council desires to acquire the property interests (collectively
referred to as the “Property”), as more particularly described in the exhibits attached to this
Resolution, for this governmental and public use in conjunction with the Town of Prosper’s
construction of the First Street (DNT - Coleman) project (“Project”); and
WHEREAS, the Town Council desires that the Town Manager, or his designee, take all
necessary steps to acquire the Property for the Project including, but not limited to, the retention
of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his
designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing
the Property for the Project, to institute condemnation proceedings to acquire the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual
findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the
body of this Resolution as if copied in their entirety.
SECTION 2
The Town Council hereby finds and determines that a public use and necessity exists for
the Town of Prosper, Texas, to acquire the following Property for the Project, as more particularly
described in the Exhibits referenced herein:
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Item 33.
Resolution No. 2023-___, Page 2
EXHIBIT DESCRIPTION / INTEREST TO BE ACQUIRED
1 (Parcel 13) Approximately 0.079 acres of real property for right-of-way, and 0.028 acres
of real property for temporary construction easement, situated generally in the Collin
County School Land Survey No. 12, Abstract Number 147, Collin County, Texas and being
part of that certain tract of land conveyed by General Warranty Deed, recorded in
Instrument Number 20121211001574800 of the Official Public Records of Collin County,
Texas
2 (Parcel 14) Approximately 0.079 acres of real property for right-of-way, and 0.028 acres
of real property for temporary construction easement, situated generally in the Collin
County School Land Survey No. 12, Abstract Number 147, Collin County, Texas and being
part of that certain tract of land conveyed by Quitclaim Deed, recorded in Instrument
Number 94-0014368 of the Official Public Records of Collin County, Texas
SECTION 3
The Town Manager, or his designee, is authorized and directed to negotiate for and to
acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in
compliance with State and Federal law. The Town Manager is specifically authorized and directed
to do each and every act necessary to acquire the Property for the Project including, but not
limited to, the authority to negotiate, give notices, make written offers to purchase, prepare
contracts, to retain and designate a qualified appraiser of the property interests to be acquired,
as well as any other experts or consultants that he deems necessary for the acquisition process
and, if necessary, to institute proceedings in eminent domain.
SECTION 4
The Town Manager, or any individual he may so designate, is appointed as negotiator for
the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and
directed to do each and every act and deed hereinabove specified or authorized by reference,
subject to the availability of funds appropriated by the Town Council for such purpose. The Town
Manager is specifically authorized to establish the just compensation for the acquisition of the
Property. If the Town Manager or his designee determines that an agreement as to damages or
compensation cannot be reached, then the Town Attorney or his designee is hereby authorized
and directed to file or cause to be filed, against the owners and interested parties of the needed
property interests, proceedings in eminent domain to acquire the Property for the Project.
SECTION 5
This Resolution revises Resolution No. 2022-40 regarding Parcels 13 and 14 in said
resolution and supersedes the description of the property interests needed by the Town as stated
in Resolution No. 2022-40.
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Item 33.
Resolution No. 2023-___, Page 3
SECTION 6
This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 14TH DAY OF NOVEMBER
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 33.
Resolution No. 2023-___, Page 4
EXHIBIT 1
Page 308
Item 33.
Resolution No. 2023-___, Page 5
EXHIBIT 1 (Continued)
Page 309
Item 33.
Resolution No. 2023-___, Page 6
EXHIBIT 1 (Continued)
Page 310
Item 33.
Resolution No. 2023-___, Page 7
EXHIBIT 2
Page 311
Item 33.
Resolution No. 2023-___, Page 8
EXHIBIT 2 (Continued)
Page 312
Item 33.
Resolution No. 2023-___, Page 9
EXHIBIT 2 (Continued)
Page 313
Item 33.
Resolution No. 2023-___, Page 10
EXHIBIT 2 (Continued)
Page 314
Item 33.
First Street Right -of-way and Easement Acquisition
Right-of -way & Easement #
#13 #14
PARCEL # OWNER
Right-of
way
(Acres)
Easement
(Acres)
13 ABE & TOMOKO MANSOORI 0.079 0.028
14 DARIL R NIX REVOCABLE LIVING TRUST 0.079 0.028
Location Map
FIRST STREETBNSF RAILROADCOLEMAN STREETMAIN STREETTOWN HALL
FIRST STREET
PECAN STREETPage 315
Item 33.
Page 1 of 1
To: Mayor and Town Council
From: Mary Ann Moon, Economic Development Director
Through: Mario Canizares, Town Manager
Re: EDC Development Strategies
Town Council Meeting – November 14, 2023
Strategic Visioning Priority: 2. Development of Downtown as Destination
Agenda Item:
Discuss development strategies for Economic Development.
Description of Agenda Item:
The PEDC Director will present a brief overview of Economic Development practices. Information
will include the ‘whys and hows’ of successful development strategies.
This item is a continuation from the Town Council Work Session.
Town Staff Recommendation:
This item is for Council discussion and feedback.
ECONOMIC DEVELOPMENT
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Item 34.