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03.26.24 Town Council Regular Meeting PacketPage 1 of 4 ] 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. CONSENT AGENDA: Items placed on the Consent Agenda are considered routine in nature and non-controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff. 1. Consider and act upon the minutes from the March 12, 2024, Town Council Work Session meeting. (MLS) 2. Consider and act upon the minutes from the March 12, 2024, Town Council Regular meeting. (MLS) Agenda Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, March 26, 2024 6:15 PM Page 1 Page 2 of 4 3. Consider acceptance of the February 2024 monthly financial report. (CL) 4. Consider and act upon an ordinance releasing 12.368 Acres, more or less, generally located north of US Highway 380 between the Dallas North Tollway and Mahard Parkway in Collin County, from the Town’s Extraterritorial Jurisdiction. (TW) 5. Consider and act upon approving the purchase of bunker gear, wildland gear, supplies, and equipment from NAFECO INC., utilizing the Texas Local Government Purchasing Cooperative; and authorizing the Town Manager to execute documents for the same. (SB) 6. Consider and act upon approving the purchase of radio equipment and supplies from Motorola Solutions, Inc., utilizing the State of Texas DIR Contract TSO -4101; and authorizing the Town Manager to execute documents for same. (DK) 7. Consider and act upon authorizing the Town Manager to execute a contract with Nouveau Technology Services, LP, for interior improvements to Town Hall. (CE) 8. Consider and act upon an ordinance renaming a north-south segment of First Street to Wildcat Way and renaming an east-west segment to Wear Cemetery Lane located west of Whitley Place Drive. (HW) 9. 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 Legacy Drive Traffic Signals and First Street/Windsong Parkway Intersection Analysis project. (HW) 10. Consider and act upon an ordinance granting a Specific Use Permit (SUP) for a Licensed Child-Care Center use and a one-year approval of a temporary building, as shown on the Site Plan, “Exhibit B”, on 9.7± acres on Collin County School Land Survey, Abstract 147, Tracts 145, 168, and 172, located on the east side of Church Street and 305± feet south of First Street. The property is zoned Single Family-15. (ZONE-23-0035) (DH) 11. Consider and act upon an ordinance amending the number of contiguous units that constitute a row of Townhomes in Planned Development-111 (PD-111), Ordinance No. 2021-52, to two (2) to seven (7) connected residential units, located north of US 380 (University Drive) and west of Lakewood Drive. (ZONE-24-0003) (DH) 12. 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 Preliminary Site Plans and 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 Page 2 Page 3 of 4 you wish to address the Council, please fill out a “Public Comment Request Form” and present it to the Town Secretary, preferably before the meeting begins.] Items for Individual Consideration: 13. Conduct a public hearing and consider and act upon a request to rezone 0.3± acres on Prosper Central Addition, Block 1, Lot 1 from Single Family-15 to Planned Development–Downtown Office to allow multifamily, office, and retail uses, located on the northeast corner of Coleman Street and Sixth Street. (ZONE-23-0029) (DH) 14. Consider and act upon authorizing the Town Manager to execute an Amendment to Participating Member Contract between the Upper Trinity Regional Water District, and the Town of Prosper, Texas, related to subscribing for additional wastewater treatment capacity associated with the expansion of the Doe Branch Water Reclamation Plant. (CE) 15. Discuss and consider Town Council Subcommittee reports. (DFB) Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. Section 551.074 - To discuss and consider personnel matters, including the annual evaluation of the Town Manager, 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, March 22, 2024, and remained so posted at least 72 hours before said meeting was convened. ________________________________ _________________________ Michelle Lewis Sirianni, Town Secretary Date Notice Removed Page 3 Page 4 of 4 Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 -1011 at least 48 hours prior to the meeting time. Page 4 Page 1 of 2 ] Call to Order/ Roll Call. The meeting was called to order at 4:45 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Craig Andres Deputy Mayor Pro-Tem Marcus E. Ray arrived 5:17 p.m. Councilmember Amy Bartley Councilmember Chris Kern Councilmember Jeff Hodges Council Members Absent: Councilmember Charles Cotten Staff Members Present: Bob Scott, Deputy Town Manager Michelle Lewis Sirianni, Town Secretary Terry Welch, Town Attorney Chuck Ewings, Assistant Town Manager Robyn Battle, Executive Director Chris Landrum, Finance Director Hulon Webb, Director of Engineering Services David Hoover, Development Services Director Whitney Rehm, Budget Officer and Grants Administrator Leigh Johnson, IT Director EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider purchase, exchange, lease, or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. Section 551.071 – Consultation with the Town Attorney to discuss legal issues associated with any agenda item. Section 551.071 - To consult with the Town Attorney regarding Chapter 42 of the Texas Local Government Code and Extraterritorial Jurisdiction land use and development issues, and all matters incident and related thereto. MINUTES Prosper Town Council Work Session Prosper Town Hall – Council Chambers 250 W. First Street, Prosper, Texas Tuesday, March 12, 2024 Page 5 Item 1. Page 2 of 2 Section 551.074 - To discuss and consider personnel matters, including the annual evaluation of the Town Manager, Town Attorney and the Municipal Judge, and all matters incident and related thereto. The Town Council recessed into Executive Session at 4:46 p.m. Reconvene into Work Session The Town Council reconvened back into the Work Session at 5:16 p.m. No action was taken. Items for Individual Consideration 1. Discussion regarding the Upper Trinity Regional Water District (UTRWD) Doe Branch Water Reclamation Plant expansion. (CE) Mr. Ewings presented an update on the expansion of the UTRWD Doe Branch Water Reclamation Plant. He provided current and future capacity levels, estimated project costs, current and future flows and trends, factors impacting the project cost, and financing plan for the expansion. Mr. Ewings noted that next steps would include bringing forward to a future meeting an amended agreement for Town Council consideration. Larry Patterson, Executive Director with UTRWD, commented on the projections of the expansion with the additional capacity related to the population growth and fees associated with the expansion. George Dupont, 1400 Harvest Ridge Lane, the Town Representative on the UTRWD’s Board of Directors, commented on the expansion project and support of the project. The Town Council discussed the impact of the expansion project including associated costs and capacity levels related to the Town’s overall growth. Adjourn. The meeting was adjourned at 6:03 p.m. These minutes were approved on the 26th day of March 2024. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 6 Item 1. Page 1 of 6 ] Call to Order/ Roll Call. The meeting was called to order at 6:15 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 Council Members Absent: Councilmember Charles Cotten Staff Members Present: Bob Scott, Deputy Town Manager Michelle Lewis Sirianni, Town Secretary Terry Welch, Town Attorney Chuck Ewings, Assistant Town Manager Robyn Battle, Executive Director Chris Landrum, Finance Director Hulon Webb, Director of Engineering Services Dan Baker, Director of Parks and Recreation David Hoover, Development Services Director Suzanne Porter, Planning Manager Whitney Rehm, Budget Officer and Grants Administrator Wilson Haynes, Senior Communications Specialist Eric Men, Help Desk Technician II Scott Brewer, Interim Human Resources Director Doug Kowalski, Police Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Jim Lugar with Life Journey 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: Register for the third annual P-Town Throwdown Pickleball Tournament taking place on Saturday, March 23 beginning at 8:00 a.m. at Reynolds Middle School. The tournament format is co-ed doubles teams, age 18+, with recreational and competitive divisions based on player rating. Trophies will be awarded for first and second places, per division. There are a few remaining spots open in the Recreational 18-35 and 55+ Divisions, and in the Competitive 35-55 Division. For more information, visit the Special Events page under the Parks and Recreation Department on the Town’s website. MINUTES Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, March 12, 2024 Page 7 Item 2. Page 2 of 6 Join the Parks and Recreation Department for a Pickleball Social on Wednesday, March 13 from 5:30 to 7:30 p.m. at The Gin located at 204 W. Broadway. This come and go event is an opportunity to register for the tournament, as well as hear an update on all things Pickleball in Prosper along with other park projects. Complimentary appetizers and soft drinks will be served. Registration is open for the spring season of the 2024 Mayor’s Fitness Challenge, which runs through May 31. Tracking sheets and online registration are available by visiting prospertx.gov/mayorsfitnesschallenge. The annual Prosper Spring Cleanup is scheduled for Saturday, April 6 from 8 a.m. to 12 p.m. at Town Hall. Residents will have an opportunity to dispose of various items. To enter the event, please be prepared to show your utility bill and valid driver’s license. Visit the Town’s website for more information including a list of acceptable items. Presentations. 1. Presentation of a Proclamation declaring the week of March 17-24, 2024, as National Surveyor's Week. (MLS) Mayor Bristol read and presented a Proclamation to Kyle Reiner and members of Pape-Dawson Engineers. CONSENT AGENDA: Items placed on the Consent Agenda are considered routine in nature and non-controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda at the request of Council Members or staff. 2. Consider and act upon the minutes from the February 27, 2024, Town Council Work Session meeting. (MLS) 3. Consider and act upon the minutes from the February 27, 2024, Town Council Regular meeting. (MLS) 4. Consider and act upon Resolution 2024-24 accepting the Independent Audit Report and Annual Comprehensive Financial Report for the Fiscal Year Ended September 30, 2023, as audited by Weaver and Tidwell LLP, Certified Public Accountants. (CL) 5. Consider and act upon approving the purchase of a multi-factor authentication (MFA) software platform for staff user accounts. (LJ) 6. Consider and act upon authorizing the Town Manager to execute a Contract for Services between the Town of Prosper and V&A Landscape and Lawn to provide median maintenance services on Custer Road from US Highway 380 to Frontier Parkway. (DB) 7. Consider and authorize final payment to Coach Specialists of Texas, Inc., for the repair of a 2020 Ford Transit Cargo Van. (CE) 8. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Teague Nall and Perkins, Inc., and the Town of Prosper, Texas, related to the design of the Prosper Downtown Parking Lot and Alley Improvements project. (CE) 9. Consider and act upon authorizing the Town Manager to execute Contract Amendment No. 3 to the Professional Engineering Services Agreement, Page 8 Item 2. Page 3 of 6 between TranSystems Corporation dba TranSystems Corporation Consultants, and the Town of Prosper, Texas, related to the design of the US 380 Deceleration Lane Modifications project. (HW) 10. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between O’Brien Realty Advisors, LLC, and the Town of Prosper, Texas, related to appraisal services for the Craig Road (Preston Road- Fifth Street) project. (HW) 11. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Matrix Consulting Group, Ltd., and the Town of Prosper, Texas, related to the Updated Assessment of the Development Review Process project. (CE) 12. Consider and act upon authorizing the Town Manager to execute a Contract for Personal Services between Universal Field Services, and the Town of Prosper, Texas, related to easement acquisition services for the FM 1461 12-inch Water Line Relocation project. (HW) 13. Consider and act upon authorizing the Town Manager to execute the First Amendment to the Roadway Impact Fee Agreement between DNT Frontier, LP, and the Town of Prosper, Texas, related to the construction of the DNT Backer Road to serve the DNT Frontier Retail Center development. (HW) 14. Consider and act upon authorizing the Town Manager to execute the First Amendment to the 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) 15. Consider and act upon the appointment of members to the Capital Improvements Advisory Committee, relative to the update of the Town’s impact fee ordinance, as required by Chapter 395 of the Texas Local Government Code. (HW) 16. Conduct a public hearing and consider and act upon a request to amend the number of contiguous units that constitute a row of Townhomes in Planned Development-111 (PD-111), Ordinance No. 2021-52, located north of US 380 (University Drive) and west of Lakewood Drive. (ZONE-24-0003) (DH) 17. Consider and act upon Ordinance 2024-25 granting a Specific Use Permit (SUP) for Retail Stores and Shops, Dry Cleaning, Minor, and Gymnastics/Dance Studio uses, with building size and placement as shown on the Site Plan, Exhibit "B," and a living screen as shown on the Landscape Plan, Exhibit "C," on 3.6± acres on Windsong Ranch Office Addition, Block A, Lot 2, located south of Parvin Road and east of North Teel Parkway. The property is zoned Planned Development-103 (PD-103) Windsong Ranch Office. (ZONE-23-0023) (DH) 18. Consider and act upon authorizing the Town Manager to execute a Development Agreement between SKS Prosper Teelpkwy Retail Holdings, LLC, and the Town of Prosper relative to Windsong Ranch Office Addition, Block A, Lot 2. (DH) 19. 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 Preliminary Site Plans and Site Plans. (DH) Page 9 Item 2. Page 4 of 6 Regarding item 4, Mayor Bristol complimented staff for their hard work and improvements. Deputy Mayor Pro-Tem added his thanks to staff and noted the positive comments from the firm. Mayor Pro-Tem Andres made a motion to approve consent agenda items 2 through 19. Councilmember Hodges seconded that motion. Motion carried with a 6-0 vote. CITIZEN COMMENTS No comments were made. Items for Individual Consideration: 20. Conduct a public hearing and consider and act upon a request for a Specific Use Permit (SUP) for a Child Care Center, Licensed use on 9.7± acres, on Collin County School Land Survey, Abstract 147, Tracts 145, 168, and 172, located 305± south of First Street and the east side of Church Street. (ZONE-23-0035) (DH) Mr. Hoover introduced the item noting the location, the surrounding zoning, and history of the granted SUP extensions on the subject property. The Planning and Zoning Commission unanimously recommended approval with three conditions: (1) the SUP will expire two (2) years after Town Council approval; (2) the temporary building will be removed once the SUP expires; and (3) upon expiration of the SUP, a one-year extension may be granted by the Planning and Zoning Commission if progress has been made. Staff recommends approval. Councilmember Bartley asked when the portables/temporary building were initially replaced and expressed concerns of the life span of the temporary building(s). Bryce Green, representing the applicant, spoke to how long the temporary buildings have been on the property, the collaboration with Blue Star and the Town for easements and acquiring a second point of emergency access. Mr. Green commented that they have yearly inspections from the Fire Marshal and the state for childcare use. He expressed once the second point of emergency access is addressed, they are ready to move forward with a Site Plan approval on a permanent building structure. Mayor Bristol opened the public hearing. No comments were made. Mayor Bristol closed the public hearing. The Town Council continued discussions on timeframe of SUP extension(s), process for inspections and how to address if one fails, and concerns of how long portables/temporary buildings remain on properties within the Town. Councilmember Bartley made a motion to approve a request for a Specific Use Permit (SUP) for a Child Care Center, Licensed use on 9.7± acres, on Collin County School Land Survey, Abstract 147, Tracts 145, 168, and 172, located 305± south of First Street and the east side of Church Street with the condition that the occupancy of the temporary buildings shall expire in one (1) year. Councilmember Kern seconded that motion. Motion carried with a 6-0 vote. 21. Discuss and consider Town Council Subcommittee reports. (DFB) Page 10 Item 2. Page 5 of 6 Finance Subcommittee: Councilmember Kern noted the subcommittee met regarding the Audit. Downtown Advisory Committee: Councilmember Bartley commented that new benches have been ordered, there are new trash cans and parking sig ns in the Downtown area. There are also two (2) new additional handicap spaces located on the back side of the Prosper Wine House, an agreement for design services for additional parking was approved, and the committee is looking at lighted arches. Councilmember Bartley noted that the high schools are also conducting a competition to design a logo for the downtown area. CEC: Councilmember Hodges stated the CEC is working on updating the MyProsper App to include push notifications and are focusing on upcoming events including the New Resident Mixer, Pickleball Tournament, and the Spring Clean Up. Broadband Subcommittee: Mayor Pro-Tem Andres noted the committee met to discuss the survey conducted by LIT Communications and ways to add fiber connectivity in Town. Legislative Subcommittee: Mayor Pro-Tem Andres noted the subcommittee met to discuss the Primary Election results, new laws regarding releasing of ETJ, and working with the Comptroller’s Office regarding sourcing of sales tax. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Councilmember Bartley requested an inventory of temporary/portable buildings located in the Town, and to ensure annual inspections are being conducted. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. Section 551.071 - To consult with the Town Attorney regarding legal issues associated with Article 1.09 and Article 8.03 of the Town's Code of Ordinances, and Chapter 214 of the Texas Local Government Code, and all matters incident and related thereto. Section 551.074 - To discuss and consider personnel matters, including the annual evaluation of the Town Manager, Town Attorney and the Municipal Judge, and all matters incident and related thereto. The Town Council recessed into Executive Session at 7:06 p.m. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Page 11 Item 2. Page 6 of 6 The Town Council reconvened into Regular Session at 8:47 p.m. No action was taken. Adjourn. The meeting was adjourned at 8:47 p.m. These minutes were approved on the 26th day of March 2024. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 12 Item 2. Page 1 of 2 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: Consider acceptance of the February 2024 Monthly Financial Report (CL) Town Council Meeting – March 26, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider acceptance of the February 2024 monthly financial report. (CL) Description of Agenda Item: The Town Charter requires the submission of monthly financial reports to the Town Council. In summary, both revenues and expenditures are within the expected ranges and no unexpected events have occurred that require significant changes in original projections. The attached monthly financial report for February 2024 was prepared in the old format. This format is not particularly “user friendly” and staff is looking to reformat the monthly financial reports after the ERP software conversion. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Monthly Financial Report – February 29, 2024 Town Staff Recommendation: Town staff recommends Town Council vote to accept submission of the monthly financial report for the period February 2024 in compliance with the requirements of the Town Charter. FINANCE Page 13 Item 3. Page 2 of 2 Proposed Motion: I move to accept the February 2024 Monthly Financial Report in compliance with the Charter requirements. Page 14 Item 3. MONTHLY FINANCIAL REPORT as of February 29, 2024 Cash/Budgetary Basis Prepared by Finance Department March 26, 2024 Page 15 Item 3. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 2024 Table of Contents General Fund 3 General Fund Charts 4 - 7 Crime Control and Prevention Special Purpose District 8 Fire Control, Prevention, and Emergency Medical Services Special Purpose District 9 TIRZ #1 - Blue Star 10 TIRZ #2 11 Debt Service Fund 12 Special Revenue Fund 13 Park Dedication and Improvement Fund 14 East Thoroughfare Impact Fees Fund 15 West Thoroughfare Impact Fees Fund 16 Water Impact Fees Fund 17 Wastewater Impact Fees Fund 18 Impact Fee Chart 19 Vehicle and Equipment Replacement Fund 20 Health Insurance Fund 21 Water-Sewer Fund 22 - 23 Water-Sewer Fund Charts 24 - 26 Storm Drainage Utility Fund 27 Solid Waste Fund 28 Solid Waste Fund Chart 29 Capital Projects Fund-General 30 - 31 Capital Projects Fund-Water/Sewer 32 Page 16 Item 3. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actuals Encumbrances Budget Balance YTD Percent Note YTD Actuals Prior Year REVENUES Property Taxes 21,146,121$ -$ 21,146,121$ 20,560,768$ -$ 585,353$ 97%1,3 23,513,122$ -13% Sales Taxes 11,091,492 - 11,091,492 4,921,404 - 6,170,088 44%4,278,868 15% Franchise Fees 3,221,816 - 3,221,816 1,258,069 - 1,963,747 39%2 1,140,718 10% Building Permits 3,700,000 - 3,700,000 1,948,565 - 1,751,435 53%1,427,637 36% Other Licenses, Fees & Permits 2,180,050 - 2,180,050 754,468 - 1,425,582 35%490,668 54% Charges for Services 1,296,023 - 1,296,023 518,728 - 777,295 40%463,019 12% Fines & Warrants 300,500 - 300,500 172,481 - 128,019 57%154,478 12% Intergovernmental Revenue (Grants)37,840 - 37,840 16,907 - 20,933 45%125,733 -87% Interest Income 750,000 - 750,000 384,788 - 365,212 51%311,366 24% Miscellaneous 63,751 - 63,751 65,991 - (2,240) 104%37,600 76% Park Fees 814,100 - 814,100 242,638 - 571,462 30%225,977 7% Transfers In 1,297,102 6,084 1,303,186 578,491 - 724,695 44%514,723 12% Total Revenues 45,898,795$ 6,084$ 45,904,879$ 31,423,298$ -$ 14,481,581$ 68%32,683,910$ -4% EXPENDITURES Administration 9,991,267$ 252,435$ 10,243,702$ 4,018,207$ 873,334$ 5,352,161$ 48%2,819,976$ 42% Police 9,595,898 416,623 10,012,521 3,255,341 797,867 5,959,313 40%2,615,041 24% Fire/EMS 10,562,840 (2,028) 10,560,812 4,386,871 295,283 5,878,659 44%3,737,548 17% Public Works 4,567,242 90,681 4,657,923 1,146,532 500,304 3,011,087 35%1,357,365 -16% Community Services 7,486,803 (82,846) 7,403,958 2,595,418 456,143 4,352,396 41%2,012,368 29% Development Services 4,139,855 (559) 4,139,296 1,252,212 50,450 2,836,634 31%1,195,024 5% Engineering 2,684,047 15,613 2,699,660 962,278 66,800 1,670,582 38%897,135 7% Transfers Out - 140,000 140,000 140,000 - - 100%1,945,121 -93% Total Expenses 49,027,952$ 829,920$ 49,857,872$ 17,756,859$ 3,040,180$ 29,060,833$ 42%16,579,578$ 7% REVENUE OVER (UNDER) EXPENDITURES (3,129,157)$ (823,836)$ (3,952,993)$ 13,666,439$ 16,104,332$ Beginning Fund Balance October 1 15,011,987 15,011,987 Ending Fund Balance 11,058,994$ 28,678,426$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Franchise fees and other various license and fees are paid quarterly or annually. 3 The negative change from prior year is due to the capital dedicated portion of the levy being recorded directly to the capital project fund. 4 Fund Balance Contingency per Charter and Reserve for FY23 = $9,586,518 (21%). TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 29, 2024 Expected Year to Date Percent 41.67% GENERAL FUND 3 Page 17 Item 3. $20,560,768 4,921,404 1,258,069 1,948,565 $23,513,122 4,278,868 1,140,718 1,427,637 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 Property Taxes Sales Taxes Franchise Fees Building Permits GENERAL FUND REVENUE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year 4 Page 18 Item 3. 0 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 Total Budget YTD Budget YTD Actual Building Permit Revenues 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Town of Prosper, Texas Sales Tax Revenue by Month FY 19/20 FY 20/21 FY 21/22 FY22/23 FY23/24 5 Page 19 Item 3. 97% 44% 39% 53% 35% 40% 45% Property Taxes Sales Taxes Franchise Fees Building Permits Other Licenses, Fees & Permits Charges for Services Intergovernmental Revenue (Grants) 0%20%40%60%80%100%120% GENERAL FUND YTD REVENUE % OF ANNUAL BUDGET 6 Page 20 Item 3. $49.858 $20.774 $17.757 $45.905 $19.127 $31.423 $- $10 $20 $30 $40 $50 $60 Total Budget YTD Budget YTD Actual In Millions General Fund Revenues and Expenditures Revenues Expenditures 7 Page 21 Item 3. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 3,060,806$ -$ 3,060,806$ 1,312,294$ -$ 1,748,512$ 43%1,138,002$ 15% Interest Income 1,200 - 1,200 - - 1,200 0%176 -100% Other - - - - - - 0%- 0% Total Revenue 3,062,006$ -$ 3,062,006$ 1,312,294$ -$ 1,749,712$ 43%1,138,178$ 15% EXPENDITURES Personnel 3,167,364$ -$ 3,167,364$ 1,506,243$ -$ 1,661,121$ 48%1,153,006$ 31% Other 1,200 - 1,200 7,350 - (6,150) 612%(9,299) -179% Total Expenditures 3,168,564$ -$ 3,168,564$ 1,513,592$ -$ 1,654,972$ 48%1,143,707$ 32% REVENUE OVER (UNDER) EXPENDITURES (106,558)$ -$ (106,558)$ (201,298)$ (5,529)$ Beginning Fund Balance October 1 210,707 210,707 302,439 Ending Fund Balance Current Month 104,149$ 9,410$ 296,910$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 29, 2024 Expected Year to Date Percent 41.67% CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT 8 Page 22 Item 3. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 3,060,806$ -$ 3,060,806$ 1,316,004$ -$ 1,744,802$ 43%1,136,728$ 16% Interest Income 600 - 600 2,215 - (1,615) 369%1,090 103% Other - - - - - -0%- 0% Total Revenue 3,061,406$ -$ 3,061,406$ 1,318,219$ -$ 1,743,187$ 43%1,137,818$ 16% EXPENDITURES Personnel 3,026,823$ -$ 3,026,823$ 1,106,261$ -$ 1,920,562$ 37%1,035,250$ 7% Other 2,400 - 2,400 7,350 - (4,950) 306%(9,299) -179% Total Expenditures 3,029,223$ -$ 3,029,223$ 1,113,611$ -$ 1,915,612$ 37%1,025,951$ 9% REVENUE OVER (UNDER) EXPENDITURES 32,183$ -$ 32,183$ 204,608$ 111,866$ Beginning Fund Balance October 1 495,556 495,556 203,982 Ending Fund Balance Current Month 527,739$ 700,164$ 315,848$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 29, 2024 Expected Year to Date Percent 41.67% FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SEPCIAL PURPOSE DISTRICT 9 Page 23 Item 3. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Impact Fee Revenue: Water Impact Fees -$ -$ -$ 64,949$ (64,949)$ 0%-$ 0% Wastewater Impact Fees 750,000 - 750,000 186,252 563,748 25%62,767 197% East Thoroughfare Impact Fees - - - 37,805 (37,805) 0%- 0% Property Taxes - Town (Current)1,108,174 - 1,108,174 - 1,108,174 0%- 0% Property Taxes - Town (Rollback)- - - - - 0%- 0% Property Taxes - County (Current)236,601 - 236,601 - 236,601 0%- 0% Sales Taxes - Town 1,372,209 - 1,372,209 446,849 925,360 33%414,824 8% Sales Taxes - EDC 1,149,225 - 1,149,225 374,236 774,989 33%347,415 8% Interest Income 6,000 - 6,000 26,517 (20,517) 442%18,588 43% Transfer In - - - - - 0%- 0% Total Revenue 4,622,209$ -$ 4,622,209$ 1,136,607$ 3,485,602$ 25%843,595$ 35% EXPENDITURES Professional Services 6,000$ -$ 6,000$ -$ 6,000$ 0%-$ 0% Developer Rebate 4,616,209 - 4,616,209 - 4,616,209$ 0%- 0% Transfers Out - - - - -$ 0%- 0% Total Expenses 4,622,209$ -$ 4,622,209$ -$ 4,622,209$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES -$ 1,136,607$ 843,595$ Beginning Fund Balance October 1 989,032 989,032 301,260 Ending Fund Balance Current Month 989,032$ 2,125,639$ 1,144,855$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 29, 2024 Expected Year to Date Percent 41.67% TIRZ #1 - BLUE STAR 10 Page 24 Item 3. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes - Town (Current)39,537$ -$ 39,537$ -$ 39,537$ 0%-$ 0% Property Taxes - Town (Rollback)- - - - - 0%- 0% Property Taxes - County (Current)8,441 - 8,441 - 8,441 0%- 0% Sales Taxes - Town - - - - - 0%- 0% Sales Taxes - EDC - - - - - 0%- 0% Interest Income 1,200 - 1,200 528 672 44%281 88% Total Revenue 49,178$ -$ 49,178$ 528$ 48,650$ 1%281$ 88% EXPENDITURES Professional Services -$ -$ -$ -$ -$ 0%-$ 0% Developer Rebate 49,178 - 49,178 - 49,178 0%- 0% Transfers Out - - - - - 0%- 0% Total Expenditures 49,178$ -$ 49,178$ -$ 49,178$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES -$ 528$ 281$ Beginning Fund Balance October 1 25,501 25,501 25,189 Ending Fund Balance Current Month 25,501$ 26,029$ 25,470$ TIRZ #2 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 29, 2024 Expected Year to Date Percent 41.67% 11 Page 25 Item 3. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes-Delinquent 75,000$ -$ 75,000$ 161,346$ -$ (86,346)$ 215%97,221$ 66% Property Taxes-Current 15,069,531 - 15,069,531 15,250,615 - (181,084) 101%1 12,705,638 20% Taxes-Penalties 40,000 - 40,000 15,516 - 24,484 39%11,503 35% Interest Income 20,000 - 20,000 124,559 - (104,559) 623%55,986 122% Transfer In - - - - - -0%- 0% Total Revenues 15,204,531$ -$ 15,204,531$ 15,552,036$ -$ (347,505)$ 102%12,870,349$ 21% EXPENDITURES Professional Services -$ -$ -$ -$ -$ -$ 0%-$ 0% Bond Administrative Fees 20,000 - 20,000 1,000 - 19,000 5%500 100% 2013 GO Refunding Bond 185,000 (185,000) - - - -0%- 0% 2014 GO Bond Payment 335,000 - 335,000 - - 335,000 0%- 0% 2015 GO Bond Payment 1,365,700 - 1,365,700 1,365,700 - - 100%1,309,200 4% 2015 CO Bond Payment 475,000 - 475,000 475,000 - - 100%465,000 2% 2016 GO Debt Payment - - - - - - 0%- 0% 2016 CO Debt Payment 90,000 - 90,000 90,000 - - 100%80,000 13% 2017 CO Debt Payment 450,000 - 450,000 450,000 - - 100% 2 85,000 429% 2018 GO Debt Payment 150,000 - 150,000 150,000 - - 100%145,000 3% 2018 CO Debt Payment 500,000 - 500,000 500,000 - - 100%475,000 5% 2019 CO Debt Payment 340,022 - 340,022 340,022 - 1 100%399,806 -15% 2019 GO Debt Payment 165,000 - 165,000 165,000 - - 100%160,000 3% 2020 CO Debt Payment 265,000 - 265,000 265,000 - - 100%255,000 4% 2021 CO Debt Payment 260,000 - 260,000 260,000 - - 100%245,000 6% 2021 GO Debt Payment 1,290,000 - 1,290,000 1,290,000 - - 100%1,225,000 5% 2022 GO Debt Payment 3,603,450 (2,633,450) 970,000 970,000 - - 100%1,890,000 -49% 2023 GO Debt Payment - 2,055,000 2,055,000 2,055,000 - - 100%- 0% 2023 GO Refunding Debt Payment - 175,000 175,000 175,000 - - 100%- 0% Bond Interest Expense 5,458,264 1,383,880 6,842,144 3,414,404 - 3,427,740 50%2,785,327 23% Total Expenditures 14,952,436$ 795,430$ 15,747,866$ 11,966,125$ -$ 3,781,741$ 76%9,519,832$ 26% REVENUE OVER (UNDER) EXPENDITURES 252,095$ (795,430)$ (543,335)$ 3,585,910$ 3,350,517$ Beginning Fund Balance October 1 1,330,265 1,330,265 2,619,367 Ending Fund Balance Current Month 786,930$ 4,916,176$ 5,969,884$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Annual debt service payments are made in February and August. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 29, 2024 Expected Year to Date Percent 41.67% DEBT SERVICE FUND 12 Page 26 Item 3. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Police Donation Revenue 15,500$ -$ 15,500$ 6,870$ -$ 8,630$ 44%6,731$ 2% Fire Donation Revenue 15,500 - 15,500 6,661 - 8,839 43%6,430 4% Child Safety Revenue 28,000 - 28,000 - - 28,000 0%6,420 -100% Court Security Revenue 8,000 - 8,000 5,184 - 2,816 65%4,679 11% Court Technology Revenue 7,500 - 7,500 4,288 - 3,212 57%3,898 10% Municipal Jury revenue 150 - 150 103 - 47 69%92 12% Interest Income 2,425 - 2,425 40,540 - (38,115) 1672%8,271 390% Interest Income CARES/ARPA Funds 180,000 - 180,000 102,343 - 77,657 57%68,724 49% Tree Mitigation - - - 43,265 - (43,265) 0%244,038 -82% Escrow Income - - - 167,514 - (167,514) 0%- 0% Cash Seizure Forfeit - - - 1,667 - (1,667) 0%- 0% Miscellaneous 3,000 - 3,000 3,940 - (940) 131%2,416 63% CARES Act/ARPA Funding 6,102,367 - 6,102,367 - - 6,102,367 0%- 0% Transfer In - - - - - - 0%- 0% Total Revenue 6,362,442$ -$ 6,362,442$ 382,374$ -$ 5,980,068$ 6%351,698$ 9% EXPENDITURES LEOSE Expenditure 6,500$ -$ 6,500$ 3,955$ -$ 2,545$ 61%3,300$ 20% Court Technology Expense 13,950 - 13,950 - - 13,950 0%- 0% Court Security Expense 16,860 - 16,860 - - 16,860 0%50 -100% Police Donation Expense 26,872 - 26,872 333 23,880 2,659 90%- 0% Fire Donation Expense 10,000 - 10,000 2,140 - 7,860 21%- 0% Child Safety Expense 3,000 - 3,000 230 - 2,770 8%22,238 -99% Tree Mitigation Expense - - - - - -0%- 0% Police Seizure Expense 12,995 - 12,995 867 - -7%- 0% CARES Act/ARPA Funding - - - - - -0%- 0% Transfer Out (ARPA Funds)6,348,861 - 6,348,861 - - 6,348,861 0%- 0% Transfer Out (Tree Mitigation Funds)- - - 200,000 - (200,000) 0%1 - 0% Transfer Out (Escrow Funds)- - - 167,514 - (167,514) 0%2 - 0% Total Expenses 6,439,038$ -$ 6,439,038$ 375,039$ 23,880$ 6,027,991$ 6%25,588$ 1366% REVENUE OVER (UNDER) EXPENDITURES (76,596)$ -$ (76,596)$ 7,335$ 326,111$ Beginning Fund Balance October 1 2,353,529 2,353,529 567,535 Ending Fund Balance Current Month 2,276,933$ 2,360,865$ 893,646$ Notes 1 Tree Mitigation Funds were transferred to the capital project fund for the Lakewood Preserve Project. 2 Escrow Funds were transferred to the West Thoroughfare Impact Fee Fund for the turn lanes on Teel Parkway. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 29, 2024 Expected Year to Date Percent 41.67% SPECIAL REVENUE FUNDS 13 Page 27 Item 3. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 60-4Park Dedication-Fees 300,000$ -$ 300,000$ 273,806$ -$ 26,194$ 91%-$ 0% 60-4Park Improvements 220,000 - 220,000 243,396 - (23,396) 111%- 0% Contributions/Grants - - - - - -0%- 0% 60-4Interest-Park Dedication 2,000 - 2,000 9,944 - (7,944) 497%10,591 -6% 60-4Interest-Park Improvements 4,050 - 4,050 17,673 - (13,623) 436%13,340 32% Park Dedication - Transfers In - - - - - - - 0%- 0% Total Revenue 526,050$ -$ 526,050$ 544,819$ -$ (18,769)$ 104%23,931$ 2177% EXPENDITURES Pecan Grove Park - 5,200 5,200 5,200 - - 100%84,050 -94% Capital Project 800,000 - 800,000 - - 800,000 0%- 0% Land Acquisition 913,800 (913,800) - - - - 0%- 0% Transfers Out - 2,063,800 2,063,800 1,313,800 - 750,000 64%1 - 0% Total Expenses 1,713,800$ 1,155,200$ 2,869,000$ 1,319,000$ -$ 1,550,000$ 46%84,050$ 1469% REVENUE OVER (UNDER) EXPENDITURES (1,187,750)$ (1,155,200)$ (2,342,950)$ (774,181)$ (60,119)$ Beginning Fund Balance October 1 2,316,978 2,316,978 Ending Fund Balance Current Month (25,972)$ 1,542,797$ Notes 1 Transfers Out consists of $913,800 for the Doe Branch Property and $400,000 for the Lakewood Preserve project. The remaining $750,000 is for Lakewood and transferred as needed. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 29, 2024 Expected Year to Date Percent 41.67% PARK DEDICATION AND IMPROVEMENT FUNDS 14 Page 28 Item 3. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES East Thoroughfare Impact Fees 1,200,000$ -$ 1,200,000$ 336,613$ East Thoroughfare Other Revenue - - - - Interest-East Thoroughfare Impact Fees 100,000 - 100,000 56,083 Total Revenues 1,300,000$ -$ 1,300,000$ 392,696$ EXPENDITURES Developer Reimbursements FM 1461 (SH289-CR 165)175,000$ 175,000$ -$ 175,000$ 77,074$ -$ 97,927$ 97,927$ Cambridge Park Estates 250,000 250,000 - 250,000 - - 250,000 250,000 Total Developer Reimbursements 425,000$ 425,000$ -$ 425,000$ 77,074$ -$ 347,927$ -$ 347,927$ Capital Expenditures Coit Road (First - Frontier)1,289,900 50,000 364,726 414,726 945 360,595 53,187 925,776 2,585 Impact Fee Study 50,000 - 44,167 44,167 189 43,978 - 8,646 (2,813) Total Projects 1,339,900$ 50,000$ 408,893$ 458,893$ 1,134$ 404,573$ 53,187$ 934,422$ (228)$ Transfer to Capital Project Fund 1,820,000 - - - - - 1,820,000 Total Transfers Out 1,820,000$ -$ -$ -$ -$ -$ -$ -$ 1,820,000$ Total Expenditures 3,584,900$ 475,000$ 408,893$ 883,893$ 78,208$ 404,573$ 401,113$ 934,422$ 2,167,698$ REVENUE OVER (UNDER) EXPENDITURES 416,107$ 314,489$ Beginning Fund Balance October 1 2,551,734 2,551,734 Ending Fund Balance Current Month 2,967,841$ 2,866,223$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 29, 2024 EAST THOROUGHFARE IMPACT FEES FUND 15 Page 29 Item 3. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES West Thoroughfare Impact Fees 4,000,000 - 4,000,000 1,771,068 West Thoroughfare Other Revenue - - - - Interest-West Thoroughfare Impact Fees 150,000 - 150,000 123,740 Transfers In - - - 167,514 Total Revenues 4,150,000$ -$ 4,150,000$ 2,062,322$ EXPENDITURES Developer Reimbursements Parks at Legacy Developer Reimb 450,000 450,000 - 450,000 225,759 224,241 224,241 Star Trail Developer Reimb 1,500,000 1,500,000 - 1,500,000 - 1,500,000 1,500,000 Tellus Windsong Developer Reimb 571,668 571,668 - 571,668 - 571,668 571,668 Legacy Garden Developer Reimb 103,492 103,492 - 103,492 - 103,492 103,492 Westside Developer Reimb - - - -69,468 (69,468) (69,468) Total Developer Reimbursements 2,625,160$ 2,625,160$ -$ 2,625,160$ 295,227$ -$ 2,329,933$ -$ 2,329,933$ Capital Expenditures Impact Fee Study 50,000 50,000 (2,813) 47,187 - - 47,187 50,000 Impact Fee Study 41,354 - 44,167 44,167 189 43,978 - (2,813) Fishtrap (Elem-DNT)300,000 300,000 - 300,000 - - 300,000 300,000 Teel - 380 Intersect 300,000 300,000 - 300,000 - - 300,000 300,000 Total Projects 691,354$ 650,000$ 41,354$ 691,354$ 189$ 43,978$ 647,187$ -$ 647,187$ Transfer to Capital Project Fund - - - - - - - Total Transfers Out -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Expenditures 3,316,514$ 3,275,160$ 41,354$ 3,316,514$ 295,416$ 43,978$ 2,977,120$ -$ 2,977,120$ REVENUE OVER (UNDER) EXPENDITURES 833,486$ 1,766,907$ Beginning Fund Balance October 1 4,678,905 4,678,905 Ending Fund Balance Current Month 5,512,391$ 6,445,812$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 29, 2024 WEST THOROUGHFARE IMPACT FEES FUND 16 Page 30 Item 3. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Water 3,250,000$ -$ 3,250,000$ 1,274,826$ Interest Income 200,000 - 200,000 166,519 Total Revenues 3,450,000$ -$ 3,450,000$ 1,441,345$ EXPENDITURES Developer Reimbursements Cambridge Park Estates -$ -$ -$ -$ -$ -$ -$ Parks at Legacy Developer Reimb 319,981 319,981 - 319,981 - 319,981 319,981 Star Trail Developer Reimb 412,192 412,192 - 412,192 - 412,192 412,192 Victory at Frontier Developer Reimb 128,471 128,471 - 128,471 - 128,471 128,471 Westside Developer Reimb 300,000 300,000 - 300,000 - 300,000 300,000 TVG Windsong Developer Reimb 1,020,000 1,020,000 - 1,020,000 - 1,020,000 1,020,000 Total Developer Reimbursements 2,180,644$ 2,180,644$ -$ 2,180,644$ -$ -$ 2,180,644$ -$ 2,180,644$ Capital Expenditures 12" Water Line - DNT 200,000$ 24,250$ 58,393$ 82,643$ 9,786$ 25,403$ 47,454$ 133,107$ 90,098$ Lower Pressure Plane 3,100,000 3,100,000 (3,100,000) - - - - - Lower Pressure Plane Easements 1,500,000 - - - - - - 95 1,499,905 Impact Fee Study 100,000 100,000 58,239 158,239 13,888 49,977 94,373 41,761 52,612 Total Projects 4,900,000$ 3,224,250$ (2,983,367)$ 240,883$ 23,675$ 75,380$ 141,828$ 174,962$ 1,642,615$ Transfer to CIP Fund - - 3,100,000 3,100,000 - - 3,100,000 - 3,100,000$ Total Transfers Out -$ -$ 3,100,000$ 3,100,000$ -$ -$ 3,100,000$ -$ 3,100,000$ Total Expenditures 7,080,644$ 5,404,894$ 116,633$ 5,521,527$ 23,675$ 75,380$ 5,422,472$ 174,962$ 6,923,259$ REVENUE OVER (UNDER) EXPENDITURES (2,071,527)$ 1,417,670$ Beginning Fund Balance October 1 7,133,053 7,133,053 Ending Fund Balance Current Month 5,061,527$ 8,550,724$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 29, 2024 WATER IMPACT FEES FUND 17 Page 31 Item 3. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Wastewater 2,000,000$ -$ 2,000,000$ 666,792$ Interest Income 100,000 - 100,000 68,094 Upper Trinity Equity Fee 300,000 - 300,000 104,000 Total Revenues 2,400,000$ -$ 2,400,000$ 838,886$ EXPENDITURES Developer Reimbursements TVG Westside Utility Developer Reimb 222,502$ 222,502$ -$ 222,502$ -$ 222,502$ 222,502$ Prosper Partners Utility Developer Reimb 100,000 100,000 - 100,000 - 100,000 100,000 Frontier Estates Developer Reimb - - - -21,774 (21,774) (21,774) LaCima Developer Reimb 150,000 150,000 - 150,000 - 150,000 150,000 Brookhollow Developer Reimb 152,146 152,146 - 152,146 90,304 61,842 61,842 TVG Windsong Developer Reimb 650,000 650,000 - 650,000 - 650,000 650,000 All Storage Developer Reimb 168,732 168,732 - 168,732 - 168,732 168,732 Legacy Garden Developer Reimb 86,711 86,711 - 86,711 - 86,711 86,711 Total Developer Reimbursements 1,530,091$ 1,530,091$ -$ 1,530,091$ 112,078$ -$ 1,418,013$ -$ 1,418,013$ Capital Expenditures Doe Branch Wastewater Lines 975,000$ 212,000$ 669,859$ 881,859$ 133,781$ 439,264$ 308,814$ 275,380$ 126,575$ Impact Fee Study 100,000 - 74,186 74,186 23,099 51,087 - 41,761 (15,947) Total Projects 1,075,000$ 212,000$ 744,045$ 956,045$ 156,879$ 490,352$ 308,814$ 317,141$ 110,629$ Transfer to CIP Fund - - - - - - - - Total Transfers Out -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Expenditures 2,605,091$ 1,742,091$ 744,045$ 2,486,136$ 268,957$ 490,352$ 1,726,828$ 317,141$ 1,528,642$ REVENUE OVER (UNDER) EXPENDITURES (86,136)$ 569,929$ Beginning Fund Balance October 1 2,643,495 2,643,495 Ending Fund Balance Current Month 2,557,359$ 3,213,424$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 29, 2024 WASTEWATER IMPACT FEES FUND 18 Page 32 Item 3. WATER WASTEWATER EAST THOROUGHFARE WEST THOROUGHFARE ANNUAL BUDGET $3,250,000 $2,000,000 $1,200,000 4,000,000 YTD ACTUAL $1,274,826 $666,792 $336,613 $1,771,068 % OF BUDGET 39%33%28%44% 39% 33% 28% 44% $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 IMPACT FEE REVENUE YTD Actual to Annual Budget 19 Page 33 Item 3. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment 1 Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Grant Revenue -$ -$ -$ -$ -$ -$ 0%-$ 0% Other Reimbursements 150,000 - 150,000 - - 150,000 0%- 0% Interest Income 250,000 - 250,000 108,800 - 141,200 44%50,997 113% Charges for Services 1,478,966 - 1,478,966 616,236 - 862,730 42%577,190 7% Total Revenue 1,878,966$ -$ 1,878,966$ 725,035$ -$ 1,153,931$ 39%628,187$ 15% EXPENDITURES Vehicle Replacement 772,500$ 248,374$ 1,020,874$ 183,925$ 238,669$ 598,280$ 41%51,045$ 260% Equipment Replacement 203,870 241,152 445,022 40,870 412,674 (8,522) 102%9,461 332% Technology Replacement 145,200 - 145,200 42,485 814 101,901 30%- 0% Total Expenditures 1,121,570$ 489,525$ 1,611,095$ 267,280$ 652,157$ 691,659$ 57%60,506$ 342% REVENUE OVER (UNDER) EXPENDITURES 757,396$ (489,525)$ 267,871$ 457,756$ 567,682$ Beginning Fund Balance October 1 5,334,214 5,334,214 3,957,862 Ending Fund Balance Current Month 5,602,085$ 5,791,970$ 4,525,544$ Notes 1 Budget Amendments consist of vehicles and equipment purchases not completed in prior year due to supply chain issues. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 29, 2024 Expected Year to Date Percent 41.67% VEHICLE AND EQUIPMENT REPLACEMENT FUND 20 Page 34 Item 3. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Health Charges 4,871,808$ -$ 4,871,808$ 1,937,961$ -$ 2,933,847$ 40%1,605,566$ 21% Health Rebates 250,000 - 250,000 55,536 - 194,464 22%64,435 -14% Interest Income 5,000 - 5,000 12,954 - (7,954) 259%7,954 63% Total Revenue 5,126,808$ -$ 5,126,808$ 2,006,451$ -$ 3,120,357$ 39%1,677,955$ 20% EXPENDITURES Contractual Services 149,500$ -$ 149,500$ 28,617$ -$ 120,883$ 19%78,712$ -64% Employee Health Insurance 4,969,439 - 4,969,439 1,878,617 - 3,090,822 38%1,707,528 10% Total Expenditures 5,118,939$ -$ 5,118,939$ 1,907,234$ -$ 3,211,705$ 37%1,786,240$ 7% REVENUE OVER (UNDER) EXPENDITURES 7,869$ -$ 7,869$ 99,217$ (108,285)$ Beginning Fund Balance October 1 389,018 389,018 552,615 Ending Fund Balance Current Month 396,887$ 488,235$ 444,330$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 29, 2024 Expected Year to Date Percent 41.67% HEALTH INSURANCE FUND 21 Page 35 Item 3. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Water Charges for Services 23,114,755$ -$ 23,114,755$ 6,885,688$ -$ 16,229,067$ 30%6,467,693$ 6% Sewer Charges for Services 11,892,552 - 11,892,552 4,496,706 - 7,395,846 38%4,229,087 6% Licenses, Fees & Permits 377,705 - 377,705 189,557 - 188,148 50%166,585 14% Utility Billing Penalties 186,900 - 186,900 110,446 - 76,454 59%86,260 28% Interest Income 350,000 - 350,000 256,876 - 93,124 73%140,677 83% Other 3,494,342 - 3,494,342 361,048 - 3,133,294 10%256,258 41% Transfer In - - - - - -0 - 0% Total Revenues 39,416,254$ -$ 39,416,254$ 12,300,320$ -$ 27,115,934$ 31%11,346,559$ 8% EXPENDITURES Administration 1,138,944$ -$ 1,138,944$ 472,584$ 116,201$ 550,159$ 52%578,235$ -18% Debt Service 4,609,584 - 4,609,584 2,164,788 - 2,444,796 47%1 1,701,906 27% Water Purchases 12,704,415 - 12,704,415 3,846,481 - 8,857,934 30%3,537,937 9% Sewer Management Fee 4,560,895 - 4,560,895 1,993,847 - 2,567,048 44%1,833,432 9% Franchise Fee 689,851 - 689,851 287,438 - 402,413 42%220,636 30% Public Works 8,226,657 13,800 8,240,457 2,794,222 937,085 4,509,150 45%2,431,113 15% Transfer Out 9,255,356 4,056 9,259,412 2,568,211 - 6,691,201 28%486,915 427% Total Expenses 41,185,702$ 17,856$ 41,203,558$ 14,127,571$ 1,053,286$ 23,053,240$ 37%10,790,175$ 31% REVENUE OVER (UNDER) EXPENDITURES (1,769,448)$ (17,856)$ (1,787,304)$ (1,827,251)$ 556,385$ Beginning Working Capital October 1 17,832,990 17,832,990 12,669,408 Ending Working Capital 16,045,686$ 16,005,739$ 13,225,793$ Notes 1 Annual debt service payments are made in February and August. 2 Minimum Ending Working Capital balance for FY23 = $8,278,513 (25%). TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 29, 2024 Expected Year to Date Percent 41.67% WATER-SEWER FUND 22 Page 36 Item 3. Feb-24 Feb-23 Growth % WATER SEWER WATER SEWER Change Four Year Cumulative # of Accts Residential 13,003$ 12,299$ 12,104$ 11,371$ 7.78%FY2024 FY2023 Average Average # of Accts Commercial 466 421 426 382 9.78%October 19,061 20,110 17,424 17,424 Consumption-Residential 80,832,190 77,646,936 71,628,580 77,598,343 6.20%November 10,540 11,190 11,104 28,528 Consumption-Commercial 16,481,380 13,524,970 16,043,810 11,717,740 8.09%December 8,003 6,273 7,256 35,784 Consumption-Commercial Irrigation 3,857,200 5,042,700 -23.51%January 7,400 8,049 6,727 42,511 Avg Total Res Water Consumption 6,200 5,910 4.91%February 6,200 5,910 6,381 48,891 Billed ($) Residential 622,315 728,422 563,768 700,166 6.87%March 5,839 6,436 55,327 Billed ($) Commercial 171,219 139,676 156,155 104,824 19.13%April 10,053 9,333 64,660 Billed ($) Commercial Irrigation 38,872 46,098 -15.67%May 14,092 12,345 77,005 Total Billed ($)832,406$ 868,099$ 766,020$ 804,990$ 8.24%June 14,281 13,323 90,328 July 16,992 17,885 108,212 August 23,095 23,040 131,252 September 26,836 19,429 150,681 TOTAL (gal)51,204 162,724 150,681 Avg. Temp (°F)# Rain Days Month FY2024 FY2023 Average Cumulative October 68°8 11.30 5.65 8.48 8.48 November 58°2 0.57 5.82 3.20 11.67 December 53°5 4.09 3.43 3.76 15.43 January 43°10 3.86 1.29 2.58 18.01 February 58°5 1.56 4.51 3.04 21.04 March 2.69 2.69 23.73 April 1.20 1.20 24.93 May 3.62 3.62 28.55 June 2.35 2.35 30.90 July 0.47 0.47 31.37 August 0.07 0.07 31.44 September 1.18 1.18 32.62 Annual 30.00 21.38 32.28 32.62 Weather Data:https://www.wunderground.com/history/monthly/KDAL/date/2023-10 Rainfall FY24 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 29, 2024 Expected Year to Date Percent 41.67% WATER-SEWER FUND Average Total Residential Water Consumption by Month 23 Page 37 Item 3. 30% 38% 50% 59% 10% Water Charges for Services Sewer Charges for Services Licenses, Fees & Permits Utility Billing Penalties Other 0%20%40%60%80% WATER/SEWER REVENUE YTD % OF ANNUAL BUDGET 24 Page 38 Item 3. $6,885,688 3,846,481 $6,467,693 3,537,937 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 Water Charges for Services Water Purchases WATER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year 25 Page 39 Item 3. 4,496,706 1,993,847 4,229,087 1,833,432 - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 4,000,000 4,500,000 5,000,000 Sewer Charges for Services Sewer Management Fee SEWER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year 26 Page 40 Item 3. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 45-4 Storm Drainage Utility Fee 825,000$ -$ 825,000$ 383,512$ -$ 441,488$ 46%351,881$ 9% Drainage Review Fee - - - 3,150 - (3,150) 0%- 0% 45-4 Interest Income 1,800 - 1,800 5,678 - (3,878) 315%(1,592) -457% Other Revenue 3,000 - 3,000 - - 3,000 0%2,096 -100% Transfer In - - - - - - 0%- 0% Total Revenue 829,800$ -$ 829,800$ 392,340$ -$ 437,460$ 47%352,386$ 11% EXPENDITURES Personnel Services 329,605$ -$ 329,605$ 89,781$ -$ 239,824$ 27%66,168$ 36% Debt Service 219,463 - 219,463 150,531 - 68,932 69%2 141,589 6% 45-7 Operating Expenditures 153,221 (2,028) 151,193 13,518 419 137,256 9%16,871 -20% Capital Expenditures 225,000 - 225,000 - - 225,000 0%62,230 -100% Transfers Out 107,996 2,028 110,024 47,248 - 62,776 43%1 44,998 5% Total Expenses 1,035,285$ -$ 1,035,285$ 301,078$ 419$ 733,788$ 29%331,856$ -9% REVENUE OVER (UNDER) EXPENDITURES (205,485)$ -$ (205,485)$ 91,262$ 20,530$ Beginning Working Capital October 1 380,410 380,410 632,579 Ending Working Capital Current Month 174,925$ 471,672$ 653,109$ Notes 1 Transfers are made monthly to the General Fund for administrative costs. 2 Annual debt service payments are made in February and August. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 29, 2024 Expected Year to Date Percent 41.67% STORM DRAINAGE UTILITY FUND 27 Page 41 Item 3. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sanitation Charges for Services 2,979,722$ -$ 2,979,722$ 1,149,540$ -$ 1,830,182$ 39%953,091$ 21% Interest Income - - - 2,248 - (2,248) 0%599 275% Transfer In 2,050,000 - 2,050,000 2,000,000 - 50,000 98%- 0% Total Revenues 5,029,722$ -$ 5,029,722$ 3,151,789$ -$ 1,877,934$ 63%953,691$ 230% EXPENDITURES Administration 2,325,554$ (1,955,000)$ 370,554$ 21,087$ -$ 349,467$ 6%20,374$ 4% Sanitation Collection 2,668,887 - 2,668,887 672,954 - 1,995,933 25%738,119 -9% Capital Expenditure - 1,955,000 1,955,000 1,933,413 17,067 4,520 100%- 0% Debt Service - - - - - - 0%- 0% Transfer Out - - - - - - 0%- 0% Total Expenses 4,994,441$ -$ 4,994,441$ 2,627,454$ 17,067$ 2,349,920$ 53%758,493$ 246% REVENUE OVER (UNDER) EXPENDITURES 35,281$ -$ 35,281$ 524,334$ 195,198$ Beginning Working Capital October 1 6,018 6,018 Ending Working Capital 41,299$ 530,352$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 29, 2024 Expected Year to Date Percent 41.67% SOLID WASTE FUND 28 Page 42 Item 3. $1,149,540 672,954 $953,091 738,119 $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 Sanitation Charges for Services Sanitation Collection SOLID WASTE REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year 29 Page 43 Item 3. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Grants 1,877,105$ -$ 1,877,105$ -$ Property Taxes-Delinquent 0 - - 115,291 Property Taxes-Current 8,502,003 - 8,502,003 8,382,812 Taxes-Penalties 0 - -3,900 Contributions/Interlocal Revenue - - - 1,685,240 Bond Proceeds - - - - Interest Income - - - 1,706,232 Other Revenue - - - 7,872 Transfers In - General Fund - 140,000 140,000 140,000 Transfers In - Impact Fee Funds - -- - Transfers In - Escrows - -- - Transfers In - Parks - -- 1,513,800 *Transfers In/Out - Bond Funds - -- - Total Revenues 10,379,108$ 140,000$ 10,519,108$ 13,555,147$ EXPENDITURES West Prosper Roads 14,168,828$ - - - - - - 14,017,321 151,508 Fishtrap (seg 2) PISD Reimbursement 1,063,033 - 122,402 122,402 - - 122,402 940,631 122,402 DNT Main Lane (US 380 - FM 428)2,557,062 - 2,557,062 2,557,062 - - 2,557,062 - 2,557,062 Coit Rd (First-Frontier) 4 Lns 6,500,000 - 6,492,569 6,492,569 445,302 - 6,047,267 801 6,053,897 First St (DNT to Coleman)24,786,567 - 22,644,181 22,644,181 102,337 281,216 22,260,627 2,142,264 22,260,750 Prosper Trl(Coit-Cus - - - - 1,545 - (1,545) - (1,545) First Street (Elem-DNT) 4 Lanes 30,879,730 - 24,186,414 24,186,414 4,318,559 18,371,347 1,496,508 7,418,615 771,209 Preston Road / First Street Dual Left Turns (Design & Co 900,000 - 900,000 900,000 65,048 27,952 807,000 - 807,000 First St (Coit-Custer) 4 Lanes 27,269,101 - 8,805,215 8,805,215 3,261,770 4,106,672 1,436,773 18,463,886 1,436,773 Preston/Prosper Trail Turn Lane 900,000 - 749,462 749,462 5,677 339,788 403,997 150,538 403,997 Craig Street (Preston-Fifth)450,000 - 123,480 123,480 12,050 31,030 80,400 313,073 93,848 First Street (Teel - Gee Road)7,225,443 - 2,435,465 2,435,465 1,532,707 891,311 11,447 4,789,978 11,447 Gee Road (First Street - Windsong)5,414,933 - 1,198,122 1,198,122 106,570 1,074,307 17,245 3,016,368 1,217,689 Coleman (Gorgeous - Prosper Trail)1,500,000 - 973,255 973,255 54,315 280,380 638,561 554,557 610,749 Coleman (Prosper Trail - PHS)720,000 - 720,000 720,000 - - 720,000 - 720,000 Legacy (Prairie - First Street)11,425,000 - 10,706,174 10,706,174 49,418 9,176,253 1,480,502 698,272 1,501,057 Coit/US 380 SB Turn Lanes 300,000 - 276,014 276,014 4,083 267,264 4,667 23,986 4,667 Parvin (FM 1385 - Legacy)500,000 - -- - - - 500,000 - US 380 Deceleration Lanes - Denton County 500,000 - 500,000 500,000 - - 500,000 - 500,000 Safety Way 800,000 - 800,000 800,000 - - 800,000 - 800,000 Gorgeous/McKinley 700,000 - 700,000 700,000 - - 700,000 - 700,000 Renaming of Fishtrap Road to W. First Street 80,000 - -- - - - 2,877 77,123 Gee Road (US 380--FM 1385)2,200,000 - 2,038,300 2,038,300 230,922 1,262,378 545,000 106,028 600,672 Frontier (Legacy-DNT)300,000 - -- - - - 300,000 - First Street (Coleman)500,000 - 499,791 499,791 198,289 298,260 3,242 209 3,242 Star Trail, Phase 5: Street Repairs 1,450,000 - 1,450,000 1,450,000 - - 1,450,000 - 1,450,000 Prosper Trail (Coit - Custer) - 2 WB lanes 400,000 - 400,000 400,000 - - 400,000 - 400,000 Windsong Pkwy/380 Dual L Turns 22,800 - 22,800 22,800 9,500 13,300 - - - Teel Parkway (US 380 - First Street Rd) NB 2 Lanes (Design)5,850,000 - 5,637,136 5,637,136 75,451 5,414,786 146,899 194,933 164,830 Traffic Improvement Projects 1,000,000 - 977,200 977,200 - - 977,200 - 1,000,000 US380 Median Lighting 485,000 - 19,088 19,088 - - 19,088 465,912 19,088 Fifth Street Quiet Zone 500,000 - 500,000 500,000 - - 500,000 - 500,000 Traffic Signal - Fishtrap & Artesia Boulevard 65,000 - 65,000 65,000 7,802 52,448 4,750 - 4,750 Traffic Signal - DNT/Frontier 265,000 - 265,000 265,000 3,225 79,775 182,000 - 182,000 Traffic Signal - Teel Pkway & Prairie Drive 65,000 - 65,000 65,000 6,466 34,284 24,250 - 24,250 Signl Sdy/Beacon Aca 128,300 - 87,600 87,600 - 87,600 - - 40,700 Crswalk Sign Markings Flashers 400,000 - 268,920 268,920 - -268,920 - 400,000 Acaci Traffic Signal 400,000 - 43,480 43,480 - 43,480 - - 356,520 Capital Expenditures 4,176,553 4,176,553 - 4,176,553 - -4,176,553 4,176,553 Total Street Projects 156,847,351$ 4,176,553$ 97,229,130$ 101,405,683$ 10,491,036$ 42,133,831$ 48,780,815$ 54,100,247$ 50,122,237$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 29, 2024 CAPITAL PROJECTS FUND - GENERAL 30 Page 44 Item 3. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 29, 2024 CAPITAL PROJECTS FUND - GENERAL Turf Irrigation SH289 68,000 -$ -$ -$ -$ -$ -$ 48,935 19,065 US 380 Median Design (Green Ribbon)821,250 - - - - - - 65,800 755,450 Tanner's Mill Phase 2 Design 1,396,400 - - - - - - 1,385,109 11,291 Lakewood Preserve, Phase 2 4,982,255 - 4,982,255 4,982,255 936,572 131,477 3,914,205 - 3,914,205 Pecan Grove Ph II 70,457 - 504 504 - - 504 68,958 1,499 Westside Waterline T 800,000 - 800,000 800,000 - - 800,000 - 800,000 Gee Road Trail Connection 700,000 - 700,000 700,000 - - 700,000 - 700,000 Downtown Pond Improvements 120,000 - 108,240 108,240 - - 108,240 11,760 108,240 Raymond Community Park 19,800,000 - 18,994,158 18,994,158 460,401 8,630,441 9,903,316 808,342 9,900,816 Coleman Median Landscape (Victory-Preston)650,000 - -- - - - 454,811 195,189 Prosper Trail Median Landscape 275,000 - -- - - - 150,723 124,277 Green Ribbon Lovers 2,295,000 - 2,295,000 2,295,000 - - 2,295,000 - 2,295,000 Windsong Parkland Dedication 1,913,800 - 1,913,800 1,913,800 1,913,800 - - - - Froniter Park Pond Repairs 473,000 - 473,000 473,000 - - 473,000 - 473,000 Various Hike and Bike Trails 580,680 - 580,680 580,680 - - 580,680 - 580,680 Prosper Trail Screening (Preston - Deer Run)750,000 - 750,000 750,000 - - 750,000 - 750,000 Parks Master Plan Up 140,000 - 140,000 140,000 - 129,340 10,660 10,660 Total Park Projects 35,835,841$ -$ 31,737,636$ 31,737,636$ 3,310,773$ 8,891,258$ 19,535,605$ 2,994,439$ 20,639,372$ PD Car Camera and Body worn Camera System 387,225 -$ 370,325$ 370,325$ -$ -$ 370,325$ 16,900 370,325 Station #3 Quint Engine 1,495,000 - 25,120 25,120 12,948 7,174 4,997 1,469,880 4,997 Station #3 Ambulance 495,000 - 40,109 40,109 - 2,277 37,832 454,891 37,832 Parks & Public Works, Phase 1 1,200,000$ - 1,200,000 1,200,000 - -1,200,000 - 1,200,000 Awnings for Storage 19,800 - 300 300 - -300 11,100 8,700 Public Safety Complex, Phase 2-Design 1,591,160 - 28,337 28,337 - 28,337 - 1,562,823 - Public Safety Complex, Phase 2-Dev Costs 647,325 - 227,923 227,923 975 1,200 225,748 123,716 521,434 Public Safety Complex, Phase 2-Construction 14,500,000 - -- - - - 14,499,866 134 Public Safety Complex, Phase 2-FFE 1,274,385 - 174,439 174,439 3,163 - 171,276 1,099,946 171,276 Fire Station #4 - Design 623,555 - 201,220 201,220 - 201,220 - 472,987 (50,652) Fire Station #4 - Engine 1,250,000 - 27,213 27,213 12,324 7,174 7,714 1,222,787 7,714 Fire Station #4 - Ambulance 552,000 - 427,568 427,568 1,863 378,693 47,012 124,407 47,038 Fire Station #4 - Other Costs 8,250 - -- - - - 8,250 - Fire Station #4 Construction 10,168,195 - 10,168,195 10,168,195 - - 10,168,195 - 10,168,195 Parks and Public Works Parking Lot 1,000,000 - 1,000,000 1,000,000 - - 1,000,000 - 1,000,000 Interim Community Center 2,250,000 - 2,250,000 2,250,000 - - 2,250,000 - 2,250,000 Finish Out Interior Spaces Town Hall First and Second Floor 650,000 - 650,000 650,000 - - 650,000 - 650,000 Emergency Warning Sirens 296,887 - 296,887 296,887 - 296,887 (0) - - Total Facility Projects 38,408,782$ -$ 17,087,635$ 17,087,635$ 31,273$ 922,964$ 16,133,399$ 21,067,553$ 16,386,993$ Transfer Out - - - - - - - - - Total Expenditures 231,091,974$ 4,176,553$ 146,054,401$ 150,230,954$ 13,833,082$ 51,948,053$ 84,449,819$ 78,162,238$ 87,148,601$ REVENUE OVER (UNDER) EXPENDITURES (139,711,846)$ (277,935)$ Beginning Fund Balance (Restricted for Capital Projects) October 1 77,609,702 77,609,702 Ending Fund Balance (Restricted for Capital Projects) Current Month (62,102,144)$ 77,331,767$ *Transfers In/Out - Bonds--Bond and CIP funds are both in the Capital Projects Fund so transfers between these funds are netted together and eliminated. 31 Page 45 Item 3. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Year Budget Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Interest Income -$ -$ -$ 665,903$ Bond Proceeds - - - - Grants - 6,348,980 6,348,980 6,102,367 Transfers In - - - 75,000 Transfers In - ARPA Funds 6,348,980 (6,348,980) - - Transfers In - Impact Fee Funds - - - - Transfers In - Bond Funds - - - - Total Revenues 6,348,980$ -$ 6,348,980$ 6,843,270$ EXPENDITURES Lower Pressure Plane Pump Station Design 17,993,706$ -$ 7,359,745 7,359,745 2,668,466 4,684,033 7,247 10,661,282$ (20,075)$ LPP Water Line Phase, 2A 11,452,762 - 12,907,299 12,907,299 411,141 - 12,496,158 - 11,041,621 Broadway (Parvin-Craig)150,000 - 150,000 150,000 - - 150,000 - 150,000 Fishtrap (Elem-DNT) (Legacy Water Line)15,000 - -- - - - 15,000 - Doe Branch Parallel Interceptor 5,000,000 - 7,400,000 7,400,000 - - 7,400,000 - 5,000,000 Doe Branch, Phase 3 WWTP 55,000,000 6,348,980 55,000,000 61,348,980 6,102,367 - 55,246,613 - 48,897,633 Sanitary Sewer Repla 75,000 - 75,000 75,000 42,136 - 32,864 - 32,864 Wilson Creek WW Line 400,000 - 400,000 400,000 - - 400,000 - 400,000 Parks & Public Works, Phase 1 600,000 - 600,000 600,000 - - 600,000 - 600,000 DNT (Prosper Trail - Frontier Parkway) 12-inch WL 4,500,000 - 4,500,000 4,500,000 369 1,198,944 3,300,688 - 3,300,688 Upper Doe Branch WW Line (Teel-PISD Stadium)4,050,000 - 4,050,000 4,050,000 - - 4,050,000 - 4,050,000 DNT Water Line Relocation (US 380 - First St)2,146,650 - 2,127,151 2,127,151 105,265 1,299,696 722,191 837 740,853 Master Plan Projects 1,539,007 - 1,539,007 1,539,007 - - 1,539,007 837 1,538,170 Water Line Relocation Frontier 3,400,000 - 3,137,000 3,137,000 37,695 104,354 2,994,951 239,561 3,018,390 Total Water & Wastewater Projects 106,322,125$ 6,348,980$ 99,245,202$ 105,594,182$ 9,367,439$ 7,287,026$ 88,939,718$ 10,917,516$ 78,750,144$ Old Town Regional Pond #2 48,386 - 17,177 17,177 - 17,114 63 31,210 63 Total Drainage Projects 48,386$ -$ 17,177$ 17,177$ -$ 17,114$ 63$ 31,210$ 63$ Transfer out - - - - - - - - Total Expenses 106,370,511$ 6,348,980$ 99,262,379$ 105,611,359$ 9,367,439$ 7,304,140$ 88,939,781$ 10,948,725$ 78,750,207$ REVENUE OVER (UNDER) EXPENDITURES (99,262,379)$ (2,524,168)$ Beginning Fund Balance (Restricted for Capital Projects) October 1 40,601,835 40,601,835 Ending Fund Balance (Restricted for Capital Projects) Current Month (58,660,544)$ 38,077,667$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 29, 2024 CAPITAL PROJECTS FUND-WATER/SEWER 32 Page 46 Item 3. Page 1 of 2 To: Mayor and Town Council From: Terrence S. Welch, Town Attorney Through: Mario Canizares, Town Manager Re: Ordinance Releasing Property from the Town’s ETJ Town Council Meeting – March 26, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon an ordinance releasing 12.368 Acres, more or less, generally located north of US Highway 380 between the Dallas North Tollway and Mahard Parkway in Collin County, from the Town’s Extraterritorial Jurisdiction. Description of Agenda Item: The 88th Texas Legislature (Regular Session) adopted, and the Governor signed, Senate Bill 2038, effective September 1, 2023. SB 2038 requires that a municipality must release property from its extraterritorial jurisdiction (ETJ) upon the request of a property owner. There are limitations to such release as defined in Section 42.101 of the Texas Local Government Code; however, those limitations apply to very specific situations, such as the property being located within 5 miles of a military base, in the ETJ of a municipality with a population of more than 1.4 million, in an industrial district or in an area subject to a strategic partnership agreement. None of those statutorily authorized situations apply here. If the Town does not adopt the requested ETJ release ordinance, after 45 days of filing a request for release, the ETJ release nevertheless becomes effective as a matter of law. 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 Ordinance as to form and legality. Attached Documents: 1. Petition for Release of ETJ 2. Proposed Ordinance / Exhibit A Town Staff Recommendation: The Town Attorney recommends that the Town Council approve an ordinance releasing 12.368 Acres, more or less, generally located north of US Highway 380 between the Dallas North Tollway and Mahard Parkway in Collin County, from the Town’s Extraterritorial Jurisdiction. TOWN ATTORNEY Page 47 Item 4. Page 2 of 2 Proposed Motion: I move to approve an ordinance releasing 12.368 Acres, more or less, generally located north of US Highway 380 between the Dallas North Tollway and Mahard Parkway in Collin County, from the Town’s Extraterritorial Jurisdiction. Page 48 Item 4. Page 49 Item 4. Page 50 Item 4. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-XX AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, RELEASING 12.368 ACRES, MORE OR LESS, FROM THE TOWN OF PROSPER’S EXTRATERRIROTIAL JURISDICTION; MAKING FINDINGS; PROVIDING FOR A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Prosper, Texas (“Town”), is a home-rule municipal corporation duly organized under the laws of the State of Texas; and WHEREAS, as authorized by Subchapter D of Chapter 42 of the Texas Local Government Code, the landowners of the property herein described have requested and petitioned in writing that the Town of Prosper exclude the property herein described from the Town’s extraterritorial jurisdiction (“ETJ”); and WHEREAS, the Town has determined that the submitted petition complies with the requirements of Subchapter D of Chapter 42 of the Texas Local Government Code and that such law requires the release of the property herein described from the Town’s ETJ. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are found to be the true and correct legislative determinations of the Town of Prosper and they are hereby approved and incorporated into the body of this ordinance as if copied in their entirety. SECTION 2 From and after the effective date of this Ordinance, the following property, more particularly described in Exhibit A, attached hereto and incorporated by reference, is hereby released from the Town’s ETJ. Further, the Town’s ETJ boundary map is hereby amended in accordance with the ETJ release referenced in this Ordinance, and as required by Section 41.001 of the Texas Local Government Code. SECTION 3 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict. Any remaining portion of conflicting ordinances shall remain in full force and effect. Page 51 Item 4. Ordinance No. 2024-xx, Page 2 SECTION 4 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 5 This Ordinance shall become effective after its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF MARCH, 2024. APPROVED: ___________________________________ David F. Bristol, Mayor ATTEST: ____________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _____________________________________ Terrence S. Welch, Town Attorney Page 52 Item 4. Ordinance No. 2024-xx, Page 3 EXHIBIT A (Legal Description / Depiction of the Property to be Released from Town’s ETJ) Page 53 Item 4. Exhibit A MSW PROSPER 380 H LP INST.# 20190418000418860 O.P.R.C.C.T. TEXAS HEALTH RESOURCES INST.# 20181212001513610 O.P.R.C.C.T. 1st ST S: e--" 1/) � z -0: -0: Q. ::, if> :"i 0 ---' -0: US HWY 380 VICINITY MAP NOT TO SCALE 1/rPIPE C.M. 0 ro n n r-- w b 0 z N 89" 41' 40" E 238.62' FROM CHILDREN'S HEALTH SYSTEM OF TEXAS INST.# 20190418000418890 O.P.R.C.C.T. 5/8"IRS N 89'42'15" E 407.85' LOT 1 BLOCK A 538,741 SF 12.368 AC Y-C NURSERIES, INC.INST.# 20090825001068300 O.P.R.C.C.T. R-6147-004-0390-1 / ALL AC FOR TAX YEAR 2021 ' ro N 0 b 0 (j) 1 /2"IRC YELLOW 5/B"IRF S 89'57'23" W 283.02' 5/S'"!RS 1-----------=-=-,,,-i 5/8"IRC YELLOW N 89'49'32" W 288.44' I"'::=,_..;.;...;;.;;....;.;;..;=....;.;.;.=.;;;;.;..;..;. __ � 5/B"IRS XSEf I I I I I I ro 0 r--0 "' " ro ro I w ,;,:: I I ' ' I -ro I LOT 1 BLOCK A " N SECURE RV, INC. I U-HAUL 380 ADDITION Ol 0 VOL. 5180, PG. 4432 0 � VOL. 2009-223 b b D.R.C.C.T.M.R.C.C.T.0 0 z (j) I I I I I I 35' TEMP. CONST. ESMT. I I I INST. #20120522000598870•,\--t--- 15' WATER EASEMENT��===t::= -I I I ------- F.L. PARTNERS, LTD.INST.# 20130506000612670 0.P.R.C.C.T. STATE OF TEXAS COUNTY OF COLLIN C.o\hf\ cP WHEREAS, Y-C Nurseries, Inc., is the owner of that certain tract of land situated in the Boltrl County School Land Survey, Abstract No. 147, Collin County, Texas, being all of that certain tract of land conveyed to Y-C Nurseries, Inc., , Inc. by Special Warranty Deed dated January 10, 2009, and recorded in Instrument No. 20090825001068300, Official Public Records, Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found with yellow cap for the most southerly southwest corner of said Y-C Nurseries, Inc., tract, some being on the north right-of-way line of U.S. Highway No. 380 (right-of-way varies), and being the southeast corner of Lot 1, Block A, U-Haul 380 Addition, an addition to Colin County, Texas, according to the plat thereof recorded in Volume 2009-223, Map Records, Collin County, Texas; THENCE along the east line of said Lot 1, Block A, U-Haul 380 Addition, North 00 degrees 09 minutes 41 seconds East, a distance of 844.78 feet to a 5/8" iron rod found with yellow cap for the northeast corner of said Lot 1, Block A, U-Haul 380 Addition' THENCE along the north line of said Lot 1, Block A, U-Haul 380 Addition, South 89 degrees 57 minutes 23 seconds West, a distance of 283.02 feet to a 5/8" iron rod set with cop marked "WEBB-4125" for the northwest corner of said Lot 1, Block A, U-Haul 380 Addition, same being on the east line of that certain tract of land conveyed to MSW Prosper 380 H LP by Instrument No. 20190418860, Official Public Records, Collin County, Texas; THENCE along the east line of said MSW Prosper 380 H LP tract, North 00 degrees 10 minutes 44 seconds East, a distance of 733.80 feet to a 1 /2" iron pipe for the northwest corner of said Y-C Nurseries, Inc., tract, same being the most westerly southwest corner of that certain tract of land conveyed to Children's Health System of Texas by Instrument No. 20190418000418890, Official Public Records, Collin County, Texas; THENCE along the north line of said Y-C Nurseries, Inc., tract, same being an interior line of said Children's Health System tract, the following two (2) courses: North 89 degrees 41 minutes 40 seconds East, a distance of 238.62 feet to a 5/8" iron rod set with cap marked "WEBB-4125"; North 89 degrees 42 minutes 15 seconds East, a distance of 407.85 feet to a 1/2" iron rod found with yellow cop for the northeast corner of said Y-C Nurseries, Inc., tract, same being the northwest corner of that certain tract of land conveyed to F.L. Partners, Ltd., by Instrument No. 20130506000612670, Official Public Records, Collin County, Texas; THENCE along the west line of said F.L. Partners, Ltd., tract, South 00 degrees 10 minutes 28 seconds West, a distance of 737 .56 feet to a 5/8" iron rod set with cap marked "WEBB-4125" for the northeast corner of that certain tract of land conveyed to Secure RV, Inc. by Volume 5180, Page 4432, Deed Records, Collin County, Texas; THENCE along the north line of said Secure RV, Inc. tract, North 89 degrees 49 minutes 32 seconds West, a distance of 288.44 feet to a 5/8" iron rod set with cop marked "WEBB-4125" for the northwest corner of said Secure RV, Inc. tract; THENCE along the west line of said Secure RV, Inc. tract, South 00 degrees 10 minutes 28 seconds West, a distance of 845.00 feet to a 1 /2" iron rod found with red cop for the southwest corner of said Secure RV, Inc. tract, same being the most southerly southeast corner of said Y-C Nurseries, Inc., tract, and being on the north right-of-way line of U.S. Highway No. 380; THENCE along the north right-of-way line of U.S. Highway No. 380, South 89 degrees 57 minutes 13 seconds West, a distance of 74.86 feet to the POINT OF BEGINNING hereof and containing 12.368 acres or 538,741 square feet of land, more or less. SURVEYOR'S CERTIFICATE Know All Men By These Presents: That I, Kurtis R. Webb, do hereby certify that I prepared this plat and the field notes mode a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision Regulations of the Tow4( Prosper, Texas.Dated this th "2,; day of /)041 ,cJ..-, 2021 Reg. Professional land Surveyor Texas Registration No. 4125 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appeared Kurtis R. Webb, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the IJ. +-1-.. day of /V\o_,,.cPJ 2021. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT the Y-C Nurseries, Inc., acting herein by and through its duly authorized agent, does hereby certify and adapt this plot designating the herein above described property as Y-C NURSERIES ADDITION, LOT 1, BLOCK A, an addition in the ETJ of the Town of Prosper, Texas, and does hereby certify the following: 1.All modifications to this document shall be by means of plot and approved by the Town of Prosper.2.All public improvements and dedications shall be free and clear of all debt, liens, and/or encumbrances.3.The easements and public use areas, as shown ore dedicated for the public use forever for the purposesindicated on this plot. 4.No building, fences, trees, shrubs, or other improv<i?ments or growth shall be constructed or placed upon,over or across the easements as shown, except that landscape improvements may be placed in landscapeeasements if approved by the Town of Prosper.5.Town of Prosper permits are required for building construction, on-site sewage facilities and drivewayculverts.6.The Town of Prosper is not responsible for replacing ony improvements in, under, or over any easementscaused by maintenance or repair. 7.Utility easements may also be used for the mutual use and accommodation of all public utilities desiring touse or using the some unless the easement limits the use to particular utilities, said use by the public utilities being subordinate ta the public's and Town of Prosper' s use thereof. 8.The Town of Prosper and public utilities shall hove the right to remove and keep removed all or port ofany building, fences, trees, shrubs, or other improvements or growths which may in any was endanger orinterfere with the construction, maintenance, or efficiency of their respective systems in the easements.9.The Town of Prosper and public utilities shall at all times have the full right of ingress and egress to orfrom their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling,maintaining, reading meters, and adding to or removing all or parts of their respective systems without thenecessity at any time procuring permission from anyone.This plat approved subject to all platting ordinanc�, rules, regulations and resolutions of the Town ofPr:1':er, Texgs. WITNESS, my hand, this the 23" day of _ _JlJ.,.._,,_,(v\,C..n..===-----�· 2021. BY: Ye )\liA<.se.ne.s,'Il'\c. �� &) Authorized Signature Chod,ne. 51-e.d 1(1.� \/. P.Printed Name and Tit/� STATE OF TEXAS § COUNTY OF COLLIN § ,FT1ecr· ana· Recoraed Offioi.al Public Records Stacey Kemp, County Clerk Collin County, TEXAS 04/i:'15/2 02110:37:10AM $31 . 00 DFOSTER 20210405010001070 a Notary Public in and for The State of Texas, on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instrument, and know/edged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. Gl'LEN U�R MY HAND AND SEAL OF OFFICE this the 23 rd,cne.cao . 2021. Texas WENDY BROGDON My Notaiy ID # 130582332 Expires Mardi 15, 2024 All lots must utilize alternative type On-Site Sewage Facilities. day of Must maintain state-mandated setback of all On-Site Sewage Facility components from any/all easements and drainage areas, water distribution lines, sharp breaks and/ or creeks/rivers/ponds, etc. (Per State regulations). There were two (2) large ponds on the lot at the time of approval. The P.E. As-builts submitted with the plat shows required OSSF setbacks to the existing ponds were met at the time of approval. Careful planning will be required prior to any additions to the lot. A pre-planning meeting with P.E. and Development Services is recommended prior to any future development/construction. There are no easements other than those noted on the final plot. There were several, existing structures (including a small office, an office/shop and a greenhouse) and two (2) associated OSSFs on the lot at the time of approval. The P.E. As-Bui/ts submitted with the plat shows each existing OSSF to be tied to each of the office buildings, respectively, and no other structures and all OSSF components to be completely within the boundaries of the lot. If any of the OSSF components are actually over the any of the lot lines and continue onto another parcel, the entire system(s) must be replaced with an approved alternative system(s) (after review and permitting through CCDS). The existing OSSFs on the lot ore alternative systems, suitable for the site and existing structures. Any changes ta any existing structure must be reviewed by CCDS prior to construction for compliance with OSSF regulations. Tree removal and/or grading for OSSF may be required on individual lots. There are two (2) existing water wells on the lot. No water wells are allowed without prior approval from Collin County Development Services. The P.E. As-builts submitted with the plot shows required OSSF setbacks to the existing wells were met at the time of approval. Each lot is limited to a maximum of 5,000 gallons of treated/disposed sewage each day. Individual site evaluations and OSSF design plans (meeting all State and County requirements) must be submitted to and approved by Collin County for each lot prior to construction of any OSSF system. CERTIFICATE OF APPROVAL C.MJ1 /2"IRF INST. #20120522000598870 \ 20' COSERVE EASEMENT p, 75' EASEMENT RESERVATIONVOL. 5006, PG. 2140,--1------,L VOL. 4917, PG. 2974 S 89"57'13"_\ij 1_83.28' "..;; / 1/2"IRC RED ______ _l �2-� � State of Texas this day of �-k��U.=Q.N,="'1----� X S. .J 2021 by the Planning & Zoning Commission of the Town C.M. 5/B"IRC YELL�POINT OF BEGINNING '-s 59·57•13" w74.86' U.S. HIGHWAY NO. 380 ROW VARIES NOTE: SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF TOWN ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. BEARING SOURCE: GRID BEARINGS, NAD83, TEXAS NORTH CENTRAL ZONE, BASED ON GPS OBSERVATIONS TAKEN COINCIDENT WITH SURVEY. CONVERGENCE ANGLE: oo· 54' 45" BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS WITHIN ZONE "X", AREAS OUTSIDE OF A 100 YR. FLOOD PLAIN AS SHOWN BY FIRM MAP COMMUNITY-PANEL NUMBER 48085C0230J, DATED 06/02/2009. NO SURVEYING WAS DONE TO DETERMINE THIS FLOOD ZONE. - 100 o IRFoIRC•5/8"IRSM.R.C.C.T.O.P.R.C.C.T.D.R.C.C.T.VOL. PG. INST. NO. C.M. - 0 --- Scale: 1" = 100' LEGEND IRON ROD FOUND 200 IRON ROD FOUND WITH CAP 300 5/8" IRON ROO WITH CAP SET MARKED "WEBB-4125" MAP RECORDS, COLLIN COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS DEED RECORDS, COLLIN COUNTY, TEXAS VOLUME PAGE INSTRUMENT NUMBER CONTROLLING MONUMENT Health Department Certification: I, as a representative of Collin County Development Services, do hereby certify that the on-site sewage facilities described on this plot conform to the applicable OSSF lows of the State of Texas, that site evaluations have been submitted representing the site conditions in the area in which on-site sewage facilities are �be;:�7Z7 De�zpresentative for Collin County Development Services ---'---.J,.'=='1--=--Town Secretary ·EngineerDevelopment Services Department S12339 FINAL PLAT OWNER: Y-C Nurseries, Inc. 1530 W. University DriveProsper, Texas 75078 (972)241 -0324 SURVEYOR: Webb Surveying, Inc. 3517 Dorion Lane Plano, Texas 75093 (469)512-8370 Y-C NURSERIES ADDITIONLOT 1, BLOCK A BEING A 12.368 ACRES TRACT OF LAND SITUATED IN COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147 TOWN OF PROSPER, COLLIN COUNTY, TEXAS. DATE: 3/2/2021 CASE NUMBER: D20-0099 SHEET 1 OF 1 Page 54 Item 4. Page 1 of 2 To: Mayor and Town Council From: Stuart Blasingame, Fire Chief Through: Mario Canizares, Town Manager Re: NAFECO Bunker Gear Purchase Town Council Meeting – March 26, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon approving the purchase of bunker gear, wildland gear, supplies, and equipment from NAFECO INC., utilizing the Texas Local Government Purchasing Cooperative; and authorizing the Town Manager to execute documents for the same. Description of Agenda Item: 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 our local government to purchase goods and services from the cooperative’s online purchasing system, BuyBoard, while satisfying all competitive bidding requirements. This purchase will provide a blanket PO for the purchase of Bunker Gear, Wildland Gear, Supplies, and Equipment for firefighters in compliance with NFPA 1851. Budget Impact: This cost for Bunker Gear, Wildland Gear, Supplies and Equipment is $115,000. This expenditure was approved in the FY24 budget and will be funded from Account No. 100-5630-30-01. Attached Documents: 1. NAFECO Quote Town Staff Recommendation: Town staff recommends approving the purchase of bunker gear, wildland gear, supplies, and equipment from NAFECO INC., utilizing the Texas Local Government Purchasing Cooperative; and authorizing the Town Manager to execute documents for the same. FIRE DEPARTMENT Page 55 Item 5. Page 2 of 2 Proposed Motion: I move to approve the purchase of bunker gear, wildland gear, supplies, and equipment from NAFECO INC., utilizing the Texas Local Government Purchasing Cooperative; and authorizing the Town Manager to execute documents for the same. Page 56 Item 5. Page 57 Item 5. Page 1 of 1 To: Mayor and Town Council From: Doug Kowalski, Chief of Police Through: Mario Canizares, Town Manager Re: Radio Equipment and Supplies Town Council Meeting – March 26, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon approving the purchase of radio equipment and supplies from Motorola Solutions, Inc., utilizing the State of Texas DIR Contract TSO-4101; and authorizing the Town Manager to execute documents for same. Description of Agenda Item: To conform with State Purchasing Law and best practices, the current and anticipated spending in fiscal year 2024 for radio equipment and supplies has reached the threshold requiring approval from the Town Council. The estimated amount for these purchases is $145,800.00. Budget Impact: Funding was approved and is available in the FY24 budget. Attached Documents: 1. DIR-TSO-4101 Contract Summary Town Staff Recommendation: Town Staff recommends approving the purchase of radio equipment and supplies from Motorola Solutions, Inc., utilizing the State of Texas DIR Contract TSO-4101; and authorizing the Town Manager to execute documents for same Proposed Motion: I move to approve the purchase of radio equipment and supplies from Motorola Solutions, Inc., utilizing the State of Texas DIR Contract TSO-4101; and authorizing the Town Manager to execute documents for same POLICE DEPARTMENT Page 58 Item 6. Home Explore DIR Contracts Contract Number DIR-TSO-4101 Contract Term Date:07/22/24  Contract Expiration Date:07/22/24  Contract Over view This contract offers Motorola branded products and related ser vices. Customers can purchase directly through this DIR contract. Contracts may be used by state and local government, public education, other public entities in Texas, as well as public entities outside the state. • DIR has extended this Contract through July 22, 2024. Contract Details & Ordering Information MORE INFORMATION Visit this Vendor’s website to view the latest product, ser vice, and pricing information. Products & Services Commodity Codes Brands Contract Documents How to Order Resellers Vendor Website  Products & Ser vices This contract offers the following products and ser vices. Please contact the Vendor for the latest information. Hardware•Software• Technical Ser vices• Vendor Information Motorola Solutions, Inc. Vendor ID:1361115800000 HUB Type:Non HUB  RFO:DIR-TSO-TMP-426 Contract Status:Active VENDOR CONTACT: Phone: (210) 237-2936 Mar ty Saucedo  Vendor Website  DIR CONTACT: Phone: (512) 475-4962 Tiffanay Waller  Texas Department of Information Resources MENU Page 59 Item 6. Getting Star ted Through our various program areas, DIR helps State Agencies, local government, and other organizations save money with the purchasing power of Texas. Can't nd what you're looking for? Explore additional products and ser vices offered through DIR. Learn about the ways to buy through DIR, eligibility, and tips for nding what you need. How it Works Search our 700+ contracts to nd one that offer the products or ser vices you need. Search Contracts Order from the Vendor. DIR's discounts are a star ting point—negotiate fur ther to save more! See tips for procurement professionals. Order & Save All Products and Services  About File Formats Some documents on this page are in the PDF format. Please download the Adobe Reader in order to view these documents. 1 2 3 Page 60 Item 6. Texas Department of Information Resources 300 W. 15th Street Suite 1300 Austin, TX 78701 512-475-4700 About DIR News Contact DIR Calendar Careers SIGN IN  Program Areas Cooperative Contracts Open Data Portal Communications Technology Services Data Center Services Information Security Texas.gov Services Technology Planning, Policy and Governance Helpful Links Capitol Complex Director y Statewide Search Veterans Portal Homeland Security SAO Fraud Reporting Texas.gov Stay Connected Paginas en Español ©2023 Texas Department of Information Resources Privacy & Site Policies Accessibility Ethics Policy Public Information Requests Page 61 Item 6. Page 1 of 2 To: Mayor and Town Council From: Chuck Ewings, Assistant Town Manager Through: Mario Canizares, Town Manager Re: Contract for Town Hall Improvements Town Council Meeting – March 26, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute a contract with Nouveau Technology Services, LP, for interior improvements to Town Hall. Description of Agenda Item: During the budget review, Town Council approved funding to complete interior renovations to Town Hall including completion of unfinished space on the first floor in the utility billing area, completion of unfinished space on the second floor adjacent to the engineering department, and completion of unfinished space on the third floor near the communication division. The projects are to provide additional and more efficient workspace to accommodate the increase in staff. The council approved up to $650,000 in the capital improvement budget for this project. Facilities staff requested a quote from Nouveau Technology Services, LP, utilizing the Interlocal Purchasing System (TIPS) cooperative purchasing program.The proposed cost of the improvements is $336,436.77. Budget Impact: The improvements will be charged to Account 750-6610-10-00-2330-FC. Funding in the amount of $650,000 is available for this project. Legal Obligations and Review: Standard contract language will be utilized. Attached Documents: 1. Nouveau Technology Services, LP, Proposal Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a contract with Nouveau Technology Services, LP, for interior improvements to Town Hall. FACILITIES Page 62 Item 7. Page 2 of 2 Proposed Motion: I move to authorize the Town Manager to execute a contract with Nouveau Technology Services, LP, for interior improvements to Town Hall. Page 63 Item 7. Proposal: 32263C Date: 3/7/2024 Phone: 972-484-5077 Fax: 972-484-5072 City of Prosper Attn: Robert Cook 250 W First St. Prosper, TX 75078 To: Town Hall 1st-2nd-3rd floor Remodel 250 W First St Prosper, TX 75078 Project: Salesperson Stephanie Cortez Scope of Work Nouveau Construction respectfully submits our base proposal for the listed project. This proposal includes all labor, material and equipment to perform the work described in this proposal and the following scope of work. Demo: Demo walls per plansBuild walls per plansNew acoustical ceiling grid , tile and insulation above.Remove windows, Raise walls on Court clerk at 2 different locations.work walls where to add double windows at conf 115Cut wall top and bottom and rework walls around clerks. Build 2 walls for new doors at mail roomRepair ceilings around work areaTape n bed and paint new walls and affected walls by remodel 2nd floor Directors area Demo 22 ln ft of wall Remove door and frame, resize wall for new cased openin Build walls per plan1600 sq ft of new acoustical ceiling grid and tile with insulation Repair 400 sq ft of existing ceilings around new wallTape N bed and paint of new walls and affected walls by remodel 3rd floorScope of work at Mayor SuiteBuild wall long for new doorAll new ceilings with insulation above Tape n bed and paint new walls and affected areas. Electrical: 1st floor- Furnish and install (6) new fixtures matching existing as per specs Provide (1) circuit to new VAV Provide (1) Quad/Data Provide (1) dedicated 120v 20a circuit Use existing spare breakers Reconfigure/add switch to tie in new lighting with existing Move (2) existing fixtures due to new wall going up All Home runs to be ¾ conduit (minimum) All power in open wall to be ¾ conduit (minimum) 2nd floor- Furnish and install (10) new fixtures matching existing, as per specs Add (1) quad/Data in Rm.206, coming off existing circuitry Relocate (2) existing switches due to new wall Demo (5) existing lights Provide (1) circuit to new VAV Tie in new lights to lighting system, providing (1) power pack and (1) additional switch Provide (8) dedicated 120v 20a circuits from existing panel to designated locations Use existing spare breakers 3rd floor- Furnish and install (6) fixtures matching existing, as per specs Demo (2) existing Lts Provide (4) circuits serving (4) quad outlets Page 1 ProposalNouveau Technology Services LP 118 Lynn Ave Suite 300 Lewisville, TX 75057 www.ntslp.com RCSP 211001 Page 64 Item 7. Use existing spare breakers Provide (4) Datas with raceway to accessible ceiling Add (1) switch and use (1) existing Lt in closet closet Doors and hardware: Frameworks Type II Frame 3080 SINGLE FRAME W/4' SL 3080 frame with 4' sidelite - clear anodized finish - 4-7/8 prepped for (4) hinges and ASA strike Transaction window - speaker port non-electrified 4 Frameworks Type II Frame 3'0" X 4'2" CASED OPENING WINDOW Transaction window - speaker port non-electrified 2 Frameworks Type II Frame 3080 SINGLE FRAME 3 sided frame only - 3080 - clear anodized finish - 4-7/8prepped for (4) hinges and ASA strike 3080, wide stile, 10 bottom rail interior aluminum storefront door - clear anodized finish - full glass cutout - prepped for (4) hinges and mortise lock 4 3080 1 3/4 WD PC-5 PSWM 20MIN UNFIN MATCH/EDGE F SPC (SBBMOLM;WDFHFML) 3'0" x 8'0" plain sliced white maple wood door - prepped for (4) hinges and mortise lock - flush (no vision kit) - non-rated - various handings 24 Hinges ECBB1100 4 1/2 x 4 1/2 NRP US26D ( Hager 75049 )6 Mortise Lockset 70 8255 LNJ LH 26D 2 Closer 4040 XP REG/PA TBWMS AL Closers for mail room doors 4 Wall Stop(s) 236W US32D 2 26" x 70" 1/4" Clear Tempered Glass 4 48" x 96" 1/4" Clear Tempered Glass 3 36" x 50" 1/4" Clear Tempered Glass 36" x 50" 1/4" Clear Tempered Glass 3 36" x 60" 1/4" Clear Tempered Glass 4 Stain for Wood Doors Fire Suppression Drop down Fire Sprinkler Heads in Rooms on 1st, 2nd, 3rd Floors. Total of 18 Head Drops, 1 Add Head 3rd Fl Narrow Closet. Town of Prosper Fire Marshall wants Permit, but do not Pay for it. Will need to Sign Off Permit with Fire Marshall. Submit to Fire Marshall simple drawing of location of drops, material cut sheets. Price includes all Labor and Material to Add Drops. Mechanical Install (4) new VAV boxes with associated duct, insulation, grilles and controls. b. Relocate (2) existing grilles to fit new office layout Install owner supplied carpet. Provide and install cove 336,436.77Proposal Total: Acceptance Accepted by: Title: Date: Pricing good for 15 days from date of proposal Page 2 ProposalNouveau Technology Services LP 118 Lynn Ave Suite 300 Lewisville, TX 75057 www.ntslp.com Page 65 Item 7. Preliminary Estimate, by estimates Stephanie Cortez Nouveau Construction & Technology Services RCSP 211001 - TIPS Cooperative - TIPS Cooperative - 2/01/2022 to 1/31/2025 Prosper Town Hall - 32263C Stephanie Cortez Estimator: Stephanie Cortez Prosper Town Hall 1st-2nd-3rd Floor Remodel Demo:Project Scope: Demo walls per plansBuild walls per plansNew acoustical ceiling grid , tile and insulation above.Remove windows, Raise walls on Court clerk at 2 different locations.work walls where to add double windows at conf 115-Cut wall top and bottom and rework walls around clerks. Build 2 walls for new doors at mail room Repair ceilings around work areasTape n bed and paint new walls and affected walls by remodel 2nd floor Directors area:Demo 22 ln ft of wall Remove door and frame, resize wall for new cased opening Build walls per plans1600 sq ft of new acoustical ceiling grid and tile with insulation Repair 400 sq ft of existing ceilings around new wallsTape N bed and paint of new walls and affected walls by remodel 3rd floor-Scope of work at Mayor SuiteBuild wall long for new door All new ceilings with insulation aboveTape n bed and paint new walls and affected areas. Electrical: 1st floor- Furnish and install (6) new fixtures matching existing as per specs Provide (1) circuit to new VAV Provide (1) Quad/Data Provide (1) dedicated 120v 20a circuit Use existing spare breakers Reconfigure/add switch to tie in new lighting with existing Move (2) existing fixtures due to new wall going up All Home runs to be ¾ conduit (minimum) All power in open wall to be ¾ conduit (minimum) 2nd floor- Furnish and install (10) new fixtures matching existing, as per specs Add (1) quad/Data in Rm.206, coming off existing circuitry Relocate (2) existing switches due to new wall Demo (5) existing lights Provide (1) circuit to new VAV Tie in new lights to lighting system, providing (1) power pack and (1) additional switch Provide (8) dedicated 120v 20a circuits from existing panel to designated locations Use existing spare breakers 3rd floor- Furnish and install (6) fixtures matching existing, as per specs Demo (2) existing Lts Provide (4) circuits serving (4) quad outlets Use existing spare breakers Provide (4) Datas with raceway to accessible ceiling Add (1) switch and use (1) existing Lt in closet closet Doors and hardware: Frameworks Type II Frame 3080 SINGLE FRAME W/4' SL 3080 frame with 4' sidelite - clear anodized finish - 4-7/8 prepped for (4) hinges and ASA strike Transaction window - speaker port non-electrified 4 Frameworks Type II Frame 3'0" X 4'2" CASED OPENING WINDOW Transaction window - speaker port non-electrified 2 Frameworks Type II Frame 3080 SINGLE FRAME 3 sided frame only - 3080 - clear anodized finish - 4-7/8prepped for (4) hinges and ASA strike Page 1 of 9 Prosper Town Hall - 32263CPrinted 8 MAR 2024 3:20AM v2.645 Page 66 Item 7. Preliminary Estimate, by estimates Estimator: Stephanie Cortez Prosper Town Hall 1st-2nd-3rd Floor Remodel Division Summary and Totaling Components Continued... 2 Frameworks Alum. Door 3080 WIDE STILE SWING DOOR W/10" BTM RAIL 3080, wide stile, 10â€ bottom rail interior aluminum storefront door - clear anodized finish - full glass cutout - prepped for (4) hinges and mortise lock 4 3080 1 3/4 WD PC-5 PSWM 20MIN UNFIN MATCH/EDGE F SPC (SBBMOLM;WDFHFML) 3'0" x 8'0" plain sliced white maple wood door - prepped for (4) hinges and mortise lock - flush (no vision kit) - non-rated - various handings 24 Hinges ECBB1100 4 1/2 x 4 1/2 NRP US26D ( Hager 75049 )6 Mortise Lockset 70 8255 LNJ LH 26D 2 Closer 4040 XP REG/PA TBWMS AL Closers for mail room doors 4 Wall Stop(s) 236W US32D 2 26" x 70" 1/4" Clear Tempered Glass 4 48" x 96" 1/4" Clear Tempered Glass 3 36" x 50" 1/4" Clear Tempered Glass 36" x 50" 1/4" Clear Tempered Glass 3 36" x 60" 1/4" Clear Tempered Glass 4 Stain for Wood Doors Fire Suppression Drop down Fire Sprinkler Heads in Rooms on 1st, 2nd, 3rd Floors. Total of 18 Head Drops, 1 Add Head 3rd Fl Narrow Closet. Town of Prosper Fire Marshall wants Permit, but do not Pay for it. Will need to Sign Off Permit with Fire Marshall. Submit to Fire Marshall simple drawing of location of drops, material cut sheets. Price includes all Labor and Material to Add Drops. Mechanical Install (4) new VAV boxes with associated duct, insulation, grilles and controls. b. Relocate (2) existing grilles to fit new office layout Install owner supplied carpet. Provide and install cove Division Summary (MF04) 01 - General Requirements $19,939.00 26 - Electrical $38,870.40 02 - Existing Conditions 27 - Communications $4,407.00 03 - Concrete 28 - Electronic Safety and Security $2,388.00 04 - Masonry 31 - Earthwork 05 - Metals $270.00 32 - Exterior Improvements 06 - Wood, Plastics, and Composites $1,737.60 33 - Utilities 07 - Thermal and Moisture Protection $1,890.00 34 - Transportation 08 - Openings $10,592.00 35 - Waterway and Marine Transportation 09 - Finishes $28,829.32 41 - Material Processing and Handling Equipment 10 - Specialties 44 - Pollution Control Equipment 11 - Equipment 46 - Water and Wastewater Equipment 12 - Furnishings $816.00 48 - Electric Power Generation 13 - Special Construction Custom $40,719.32 14 - Conveying Equipment Trades $225,830.20 21 - Fire Suppression $1,860.00 Assemblies 22 - Plumbing FMR 23 - Heating, Ventilating, and Air-Conditioning (HVAC) $58,498.50 MF04 Total (Without totalling components) $436,647.34 25 - Integrated Automation Totalling Components Line Item Subtotal $436,647.34 TIPS Standard-JOC (-6.0000%) $(26,198.84) CCI-Q1-2024-McKinney, Tx (-19.3000%) $(84,272.94)Bonding-Town of Prosper (2.5000%) $10,261.21 Page 2 of 9 Prosper Town Hall - 32263CPrinted 8 MAR 2024 3:20AM v2.645 Page 67 Item 7. Preliminary Estimate, by estimates Estimator: Stephanie Cortez Prosper Town Hall 1st-2nd-3rd Floor Remodel Division Summary and Totaling Components Continued... Priced/Non-Priced Total Priced Items: 88 $436,647.34Total Non-Priced Items: 0 $0.00 0.00% 88 $436,647.34 Grand Total $336,436.77 Page 3 of 9 Prosper Town Hall - 32263CPrinted 8 MAR 2024 3:20AM v2.645 Page 68 Item 7. Preliminary Estimate, by estimates Estimator: Stephanie Cortez Prosper Town Hall 1st-2nd-3rd Floor Remodel Item Quantity Unit CostDescriptionUM Total Book 01 - General Requirements P 1 01-31-13-20-0200 Field personnel, project manager, average Week 1.0000 $3,749.00 $3,749.00 RSM24FAC P 2 01-31-13-20-0260 Field personnel, superintendent, average Week 4.0000 $3,725.00 $14,900.00 RSM24FAC P 3 01-56-16-10-0110 Dust barrier, temporary, polyethylene sheet, 6 mil Sq.18.0000 $38.00 $684.00 RSM24FAC P 4 01-74-13-20-0052 Cleaning up, cleanup of floor area, continuous, per day, during construction M.S.F.6.0000 $101.00 $606.00 RSM24FAC 01 - General Requirements Total $19,939.00 05 - Metals P 5 05-05-23-50-0020 Powder actuated stud driver, single shot, .22 cal Ea.1.0000 $106.00 $106.00 RSM24FAC P 6 05-05-23-50-0600 Powder actuated drive pin, .300 x 3/4" long C 1.0000 $164.00 $164.00 RSM24FAC 05 - Metals Total $270.00 06 - Wood, Plastics, and Composites P 7 06-25-16-10-5000 Plywood paneling, "A" face, birch, veneer core, select, 3/4" thick S.F.192.0000 $9.05 $1,737.60 RSM24FAC 06 - Wood, Plastics, and Composites Total $1,737.60 07 - Thermal and Moisture Protection P 8 07-21-16-20-0100 Blanket insulation, for walls or ceilings, kraft faced fiberglass, 3-1/2" thick, R13, 23" wide S.F.1,500.0000 $1.26 $1,890.00 RSM24FAC 07 - Thermal and Moisture Protection Total $1,890.00 08 - Openings P 9 08-14-16-09-3380 Door, wood, architectural, flush, interior, M.D. overlay on hardboard, 1-3/8", 3'-0" x 7'-0" Ea.3.0000 $290.50 $871.50 RSM24FAC P 10 08-43-13-10-0020 Frames, aluminum, door, entrance, clear anodized finish, storefront, 3' x 7' opening Opng.2.0000 $2,728.00 $5,456.00 RSM24FAC P 11 08-71-20-30-0020 Door hardware, door closer, rack and pinion, adjustable backcheck, 3 way mount, all sizes, regular arm Ea.3.0000 $380.00 $1,140.00 RSM24FAC P 12 08-71-20-44-0760 Door hardware, anti-ligature mortise lockset, lever handle office set, US32D Ea.3.0000 $770.00 $2,310.00 RSM24FAC P 13 08-71-20-50-0020 Door hardware, doorstops, holder and bumper, floor or wall Ea.3.0000 $74.50 $223.50 RSM24FAC Page 4 of 9 Prosper Town Hall - 32263CPrinted 8 MAR 2024 3:20AM v2.645 Page 69 Item 7. Preliminary Estimate, by estimates Estimator: Stephanie Cortez Prosper Town Hall 1st-2nd-3rd Floor Remodel 08 - Openings Item Quantity Unit CostDescriptionUM Total Book P 14 08-71-20-90-1480 Door hardware, hinges, full mortise, high frequency, brass base, US10B, 4-1/2" x 4-1/2" Pair 6.0000 $98.50 $591.00 RSM24FAC 08 - Openings Total $10,592.00 09 - Finishes P 15 09-01-70-10-0100 Gypsum wallboard, repairs, fill and sand, pin / nail holes Ea.50.0000 $0.80 $40.00 RSM24FAC P 16 09-01-70-10-0500 Gypsum wallboard, repairs, skim coat surface with joint compound S.F.4,840.0000 $0.53 $2,565.20 RSM24FAC P 17 09-05-05-10-1250 Ceiling demolition, suspended ceiling, mineral fiber, on suspension system, remove S.F.150.0000 $1.03 $154.50 RSM24FAC P 18 09-05-05-20-0850 Flooring demolition, vinyl or rubber cove base, straight section L.F.100.0000 $0.62 $62.00 RSM24FAC P 19 09-05-05-30-2300 Walls and partitions demolition, metal or wood studs, finish two sides, plasterboard (gypsum wallboard) S.F.1,200.0000 $3.62 $4,344.00 RSM24FAC P 20 09-22-16-13-3200 Metal stud partition, non-load bearing, galvanized, 12'high, 3-5/8" wide, 20 gauge, 16" OC, includes top & bottom track S.F.900.0000 $2.81 $2,529.00 RSM24FAC P 21 09-29-10-30-2090 Gypsum wallboard, on walls, standard, w/compound skim coat (level 5 finish), 5/8" thick S.F.1,800.0000 $1.83 $3,294.00 RSM24FAC P 22 09-29-15-10-0400 Accessories, gypsum board, corner bead, galvanized steel, 1-1/4" x 1-1/4"C.L.F.1.0000 $277.00 $277.00 RSM24FAC P 23 09-29-15-10-1160 Accessories, gypsum board, screws, #6 x 1" A M 1.0000 $11.70 $11.70 RSM24FAC P 24 09-29-15-10-1170 Accessories, gypsum board, screws, #6 x 1-5/8" A M 3.0000 $23.00 $69.00 RSM24FAC P 25 09-29-15-10-9000 Accessories, gypsum board, minimum labor/equipment charge Job 3.0000 $255.00 $765.00 RSM24FAC P 26 09-51-23-10-9000 Suspended acoustic ceiling tiles, minimum labor/equipment charge Job 3.0000 $191.00 $573.00 RSM24FAC P 27 09-53-23-30-1080 Hanging wire, 8' long, 12 gauge C.S.F.2.0000 $14.80 $29.60 RSM24FAC P 28 09-65-13-13-0700 Wall base, vinyl, straight or cove, standard colors, 4" high, 1/8" thick L.F.300.0000 $3.91 $1,173.00 RSM24FAC P 29 09-65-16-10-8700 Resilient flooring, adhesive cement, 1 gallon per 200 - 300 S.F.Gal.5.0000 $24.00 $120.00 RSM24FAC P 30 09-91-23-33-1800 Paints & coatings, interior, doors, flush, w/frame, both sides, varnish, brushwork, sand after 1st coat, 3' x 7', excl. frame Ea.4.0000 $57.10 $228.40 RSM24FAC P 31 09-91-23-74-0290 Paints & coatings, walls & ceilings, interior, concrete, drywall or plaster, zero voc latex, primer or sealer coat, sand finish, cut-in by brush L.F.2,418.0000 $0.69 $1,668.42 RSM24FAC Page 5 of 9 Prosper Town Hall - 32263CPrinted 8 MAR 2024 3:20AM v2.645 Page 70 Item 7. Preliminary Estimate, by estimates Estimator: Stephanie Cortez Prosper Town Hall 1st-2nd-3rd Floor Remodel 09 - Finishes Item Quantity Unit CostDescriptionUM Total Book P 32 09-91-23-74-0340 Paints & coatings, walls & ceilings, interior, concrete, drywall or plaster, zero voc latex, primer or sealer coat, sand finish, roller S.F.4,836.0000 $0.67 $3,240.12 RSM24FAC P 33 09-91-23-74-0790 Paints & coatings, walls & ceilings, interior, concrete, drywall or plaster, zero voc latex, 2 coats, smooth finish, cut-in by brush L.F.2,418.0000 $0.69 $1,668.42 RSM24FAC P 34 09-91-23-74-0840 Paints & coatings, walls & ceilings, interior, concrete, drywall or plaster, zero voc latex, 2 coats, smooth finish, roller S.F.4,836.0000 $0.86 $4,158.96 RSM24FAC P 35 09-97-10-10-2330 Paints & coatings, interior, low VOC, wallboard primer Gal.10.0000 $38.00 $380.00 RSM24FAC P 36 09-97-10-10-2345 Paints & coatings, interior, low VOC, eggshell Gal.17.0000 $83.50 $1,419.50 RSM24FAC P 37 09-97-10-10-5100 Paints & coatings, interior, varnish and stain, polyurethane, clear, in 5 gallon lots Gal.1.0000 $58.50 $58.50 RSM24FAC 09 - Finishes Total $28,829.32 12 - Furnishings P 38 12-36-23-13-9000 Countertops, minimum labor/equipment charge Job 4.0000 $204.00 $816.00 RSM24FAC 12 - Furnishings Total $816.00 21 - Fire Suppression P 39 21-13-13-50-5620 Sprinkler system components, sprinkler heads, concealed, complete with coverplate, 135-212 degrees F, 1/2" NPT, 1/2" orifice, excludes supply piping Ea.20.0000 $93.00 $1,860.00 RSM24FAC 21 - Fire Suppression Total $1,860.00 23 - Heating, Ventilating, and Air-Conditioning (HVAC) P 40 23-05-93-10-2500 Balancing, air conditioning equipment, multi-zone A.C. and heating unit, (Subcontractor's quote including material & labor) Ea.10.0000 $630.00 $6,300.00 RSM24FAC P 41 23-05-93-10-3000 Balancing, air conditioning equipment, supply, return, exhaust, registers and diffusers, average ceiling height, (Subcontractor's quote including material & labor) Ea.30.0000 $84.00 $2,520.00 RSM24FAC P 42 23-31-13-13-0150 Metal ductwork, fabricated rectangular, 2000 to 5000 lb., aluminum alloy 3003- H14, incl fittings, joints, supports & allow for a flexible connections field sketches, excludes as-built drawings and insulation Lb.1,300.0000 $15.06 $19,578.00 RSM24FAC P 43 23-31-13-16-9990 Metal ductwork, minimum labor/equipment charge Job 3.0000 $193.00 $579.00 RSM24FAC P 44 23-33-46-10-5050 Ductwork, flexible aluminum, acoustical, fiberglass insulation 1-1/2" thick, 1/2 lb. density, UL approved, 12" diameter, pressure to 2"(WG) NFPA-90A, with polyethylene jacket L.F.250.0000 $23.85 $5,962.50 RSM24FAC Page 6 of 9 Prosper Town Hall - 32263CPrinted 8 MAR 2024 3:20AM v2.645 Page 71 Item 7. Preliminary Estimate, by estimates Estimator: Stephanie Cortez Prosper Town Hall 1st-2nd-3rd Floor Remodel 23 - Heating, Ventilating, and Air-Conditioning (HVAC) Item Quantity Unit CostDescriptionUM Total Book P 45 23-36-16-10-5880 Duct accessories, mixing box, variable air volume, with hot water coils, fan powered, damper, actuator and thermostat, 2,000 CFM Ea.4.0000 $4,625.00 $18,500.00 RSM24FAC P 46 23-36-16-10-5924 Duct accessories, variable air volume, fan powered powered,direct digital control, 2000 CFM Ea.4.0000 $421.00 $1,684.00 RSM24FAC P 47 23-37-13-60-1400 Register, air supply, ceiling/wall, anodized aluminum, adjustable curved face bars, one or two way deflection, 30" x 6", includes opposed blade damper Ea.30.0000 $112.50 $3,375.00 RSM24FAC 23 - Heating, Ventilating, and Air-Conditioning (HVAC) Total $58,498.50 26 - Electrical P 48 26-05-19-90-0100 Wire, copper, stranded, 600 volt, #12, type THW, normal installation conditions in wireway, conduit, cable tray C.L.F.24.0000 $107.00 $2,568.00 RSM24FAC P 49 26-05-33-13-5020 Electric metallic tubing (EMT), 3/4" diameter, to 10' high, incl 2 terminations, 2 field bend elbows, 11 beam clamps, and 11 couplings per 100 LF L.F.600.0000 $9.00 $5,400.00 RSM24FAC P 50 26-05-33-13-5220 Electric metallic tubing (EMT), field bends, 45 Deg. to 90 Deg., 3/4" diameter Ea.250.0000 $11.00 $2,750.00 RSM24FAC P 51 26-05-33-13-7020 EMT to conduit adapters, (compression), 3/4" diameter, to 15' H Ea.184.0000 $23.00 $4,232.00 RSM24FAC P 52 26-05-33-16-0100 Outlet boxes, pressed steel, extension rings, 4" octagon Ea.23.0000 $26.50 $609.50 RSM24FAC P 53 26-05-33-16-0150 Outlet boxes, pressed steel, 4" square Ea.92.0000 $47.50 $4,370.00 RSM24FAC P 54 26-05-33-16-0250 Outlet boxes, pressed steel, covers, blank, 4" square Ea.35.0000 $15.40 $539.00 RSM24FAC P 55 26-27-26-10-7200 Low voltage switching, control wire, 2 conductor C.L.F.10.0000 $171.00 $1,710.00 RSM24FAC P 56 26-27-26-20-1700 Dimmer switch, incandescent, 3 way, 120 volt, 600 watt Ea.6.0000 $73.00 $438.00 RSM24FAC P 57 26-27-26-20-2542 Quad receptacle, isolated ground, quad, 20 amp Ea.23.0000 $109.00 $2,507.00 RSM24FAC P 58 26-51-13-55-2020 Interior LED fixtures, strip, surface mounted, 5,000 K, two light bar 4' long, incl lamps, mounting hardware and connections Ea.25.0000 $522.00 $13,050.00 RSM24FAC P 59 26-61-13-30-0360 Fixture whips, 3/8" greenfield, 2 connectors, THHN wire, three #12, 6' long Ea.23.0000 $30.30 $696.90 RSM24FAC 26 - Electrical Total $38,870.40 27 - Communications P 60 27-15-01-19-1600 Fire alarm cable, FEP teflon, 150 V, to 200 Deg.C, #22, 2 pair C.L.F.3.0000 $630.00 $1,890.00 RSM24FAC P 61 27-15-13-13-7242 Unshielded twisted pair (UTP) cable, solid, plenum, #24, 4 pair, category 6 C.L.F.12.0000 $149.00 $1,788.00 RSM24FAC Page 7 of 9 Prosper Town Hall - 32263CPrinted 8 MAR 2024 3:20AM v2.645 Page 72 Item 7. Preliminary Estimate, by estimates Estimator: Stephanie Cortez Prosper Town Hall 1st-2nd-3rd Floor Remodel 27 - Communications Item Quantity Unit CostDescriptionUM Total Book P 62 27-15-13-13-7316 Unshielded twisted pair (UTP) jack, RJ45, category 6 Ea.20.0000 $21.00 $420.00 RSM24FAC P 63 27-15-43-13-1020 Voice/data wall plate, plastic, 1 gang, 2-port, excl voice/data devices Ea.20.0000 $15.45 $309.00 RSM24FAC 27 - Communications Total $4,407.00 28 - Electronic Safety and Security P 64 28-15-11-11-0740 Access control equipment, entrance card reader, proximity Ea.1.0000 $720.00 $720.00 RSM24FAC P 65 28-15-11-11-1100 Access control equipment, accessories, electric door strike/bolt Ea.1.0000 $770.00 $770.00 RSM24FAC P 66 28-15-11-11-1120 Access control equipment, accessories, electromagnetic lock Ea.1.0000 $625.00 $625.00 RSM24FAC P 67 28-15-11-19-0360 Scanner/reader access control, power supply/transfer, 110V to 12/24V Ea.1.0000 $273.00 $273.00 RSM24FAC 28 - Electronic Safety and Security Total $2,388.00 P Custom 68 08-14-16-09-3440 Door, wood, architectural, flush, interior, M.D. overlay on hardboard, for 8'-0" high, add Ea.3.0000 $69.00 $207.00 CUSTOM P 69 09-51-23-30-0820 Complete suspended ceilings, mineral fiber, Tegular, 4' x 4' x 5/8", on 9/16" grid, include standard suspension system, excl. 1-1/2" carrier channels S.F.1,800.0000 $16.19 $29,142.00 CUSTOM P 70 11-22-16-13-5800 Teller equipment, window, pass thru, aluminium frame, 60" x 36"Ea.2.0000 $1,130.56 $2,261.12 CUSTOM P 71 11-22-16-13-5800 Teller equipment, window, pass thru, aluminium frame, 50" x 36"Ea.4.0000 $950.80 $3,803.20 CUSTOM P 72 12-36-61-16-2100 R&R - Solid surface countertop, acrylic polymer, solid colors, pricing for orders of 1-50 LF, 32" wide L.F.35.0000 $151.60 $5,306.00 CUSTOM Custom Total $40,719.32 Trades P 73 CARP Carpenters - 2024 RSMeans Facilities O&P Rate Hour 80.0000 $95.70 $7,656.00 Trades 2 carpenters 40 hours each. Remove counter tops, cut and replace P 74 CARP Carpenters - 2024 RSMeans Facilities O&P Rate Hour 80.0000 $95.70 $7,656.00 Trades 2 carpenters framing and drywall P 75 CARP Carpenters - 2024 RSMeans Facilities O&P Rate Hour 80.0000 $95.70 $7,656.00 Trades 2 carpenters, remove trim and fabricate new trim. Page 8 of 9 Prosper Town Hall - 32263CPrinted 8 MAR 2024 3:20AM v2.645 Page 73 Item 7. Preliminary Estimate, by estimates Estimator: Stephanie Cortez Prosper Town Hall 1st-2nd-3rd Floor Remodel Trades Item Quantity Unit CostDescriptionUM Total Book P 76 CRPT Carpet & Linoleum Layers - 2024 RSMeans Facilities O&P Rate Hour 260.0000 $93.25 $24,245.00 Trades 2 carpet installers P 77 ELEC Electricians - 2024 RSMeans Facilities O&P Rate Hour 240.0000 $109.90 $26,376.00 Trades 1 electrician for 25 days 8 hours per day. P 78 HELP Helpers Average (5 trades) - 2024 RSMeans Facilities O&P Rate Hour 440.0000 $75.10 $33,044.00 Trades 2 electrical helpers at 25 days at 8 hours per day. P 79 HELP Helpers Average (5 trades) - 2024 RSMeans Facilities O&P Rate Hour 20.0000 $75.10 $1,502.00 Trades Access controls helper P 80 HELP Helpers Average (5 trades) - 2024 RSMeans Facilities O&P Rate Hour 120.0000 $75.10 $9,012.00 Trades 1 data tech helper P 81 HELP Helpers Average (5 trades) - 2024 RSMeans Facilities O&P Rate Hour 390.0000 $75.10 $29,289.00 Trades 3 mechanical helpers P 82 PORD Painters, Ordinary - 2024 RSMeans Facilities O&P Rate Hour 100.0000 $81.45 $8,145.00 Trades 1 painter at 100 hours P 83 PORH Painters Helper - 2024 RSMeans Facilities O&P Rate Hour 240.0000 $65.15 $15,636.00 Trades 2 helpers at 100 hours each P 84 SKWK Skilled Workers Average (35 trades) - 2024 RSMeans Facilities O&P Rate Hour 60.0000 $100.10 $6,006.00 Trades 2 door and hardware installers P 85 SKWK Skilled Workers Average (35 trades) - 2024 RSMeans Facilities O&P Rate Hour 160.0000 $100.10 $16,016.00 Trades 1 mechanical installer P 86 SKWK Skilled Workers Average (35 trades) - 2024 RSMeans Facilities O&P Rate Hour 32.0000 $100.10 $3,203.20 Trades Access Controls 2 workers P 87 SKWK Skilled Workers Average (35 trades) - 2024 RSMeans Facilities O&P Rate Hour 120.0000 $100.10 $12,012.00 Trades 1 Data tech P 88 SPRI Sprinkler Installers - 2024 RSMeans Facilities O&P Rate Hour 160.0000 $114.85 $18,376.00 Trades 2 sprinkler installers Trades Total $225,830.20 Estimate Grand Total 336,436.77 Page 9 of 9 Prosper Town Hall - 32263CPrinted 8 MAR 2024 3:20AM v2.645 Page 74 Item 7. 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: First Street Renaming – West of Whitley Place Drive Town Council Meeting – March 26, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon an ordinance renaming a north-south segment of First Street to Wildcat Way and renaming an east-west segment to Wear Cemetery Lane located west of Whitley Place Drive. Description of Agenda Item: With the construction of the First Street (Coit – Custer) project, a portion of First Street has been realigned resulting in a portion of former First Street no longer being considered as a part of the new alignment of First Street. The purpose of this request is to rename the north-south segment of “First Street” to “Wildcat Way” to match the street name of the existing road adjacent to the east side of Walnut Grove High School. In addition, the east-west segment of “First Street” west of Whitley Place Drive and directly behind the homes in Whitley Place to be renamed to “Wear Cemetery Lane”. Town staff provided notice of the name change to all affected property owners, which only includes one (1) property owner, Mr. Dan Tolleson. Following approval of the ordinance, Mr. Tolleson will be notified of the road name change and any address changes, accordingly. Upon Town Council adoption of the attached ordinance, Town staff will order and install new street name blades. In addition, property owners impacted by the road name change will be notified to submit for reimbursement of advertising, licensing and signage expenses incurred as a result of the road name change. Emergency services will reflect the street name change within their databases once all signage has been replaced. Budget Impact: The estimated expense for the renaming is between $5,000 - $10,000 and is dependent upon expenses impacted property owners submit for reimbursement, and the expense for replacing street signage. Expenses incurred will be funded by the First Street (Coit – Custer) project in Account No. 750-6110-10-00-2014-ST. ENGINEERING SERVICES Page 75 Item 8. Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attachments: 1. Location Map 2. Ordinance 3. Thoroughfare Plan Town Staff Recommendation: Town staff recommends that the Town Council approve an ordinance renaming a north-south segment of First Street to Wildcat Way and renaming an east-west segment to Wear Cemetery Lane located west of Whitley Place Drive. Proposed Motion: I move to approve an ordinance renaming a north-south segment of First Street to Wildcat Way and renaming an east-west segment to Wear Cemetery Lane located west of Whitley Place Drive. Page 76 Item 8. Wildcat WayWalnut Grove High SchoolFirst StreetLocation MapFirst StreetFirst StreetWear CemeteryPage 77Item 8. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, CHANGING THE NAME OF A NORTH-SOUTH SEGMENT OF FIRST STREET IN THE TOWN OF PROSPER TO “WILDCAT WAY” AND CHANGING THE NAME OF AN EAST-WEST SEGMENT OF FIRST STREET TO “WEAR CEMETERY LANE”; PROVIDING FOR REPEALING, SAVINGS, AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town of Prosper, Texas (the "Town”), has reconstructed and realigned a portion of First Street, between Coit Road and Custer Road, and as a consequence, there is a portion of former First Street that no longer is considered a part of First Street, as depicted in Exhibit 1, attached hereto and incorporated by reference; and WHEREAS, due to such reconstruction and realignment of First Street, the Town wishes to rename the north-south segment of former First Street as “Wildcat Way” and the east -west segment of former First Street as “Wear Cemetery Lane”, all as depicted in attached Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, the Town hereby renames the north- south segment of former First Street as “Wildcat Way” and the east-west segment of former First Street as “Wear Cemetery Lane”. SECTION 3 The Town Manager is hereby charged with notifying any and all public agencies, property owners and others of the foregoing name changes and to take any and all necessary steps and acts to effect immediately such name changes. The Town Manager is also further authorized to make all appropriate revisions to street signage and Town maps, and take all other necessary actions incident and related thereto. SECTION 4 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict. Any remaining portion of conflicting ordinances shall remain in full force and effect. Page 78 Item 8. Ordinance No. 2024-___, Page 2 SECTION 5 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 6 This Ordinance shall take effect and be in full force from and after its passage and publication, as provided by the Revised Civil Statutes of the State of Texas. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF MARCH, 2024. ___________________________________ David F. Bristol, Mayor ATTEST: ____________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Page 79 Item 8. Ordinance No. 2024-___, Page 3 EXHIBIT A (Depiction of “Wildcat Way” and “Wear Cemetery Lane”) Page 80 Item 8. RENAMED SEGMENT Page 81 Item 8. 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 Legacy Drive Traffic Signals and First/Windsong Intersection Analysis Town Council Meeting – March 26, 2024 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 Legacy Drive Traffic Signals and First Street/Windsong Parkway Intersection Analysis project. Description of Agenda Item: With the completion of the First Street (Elem – DNT) project and Legacy Drive (Prairie – First) project both scheduled for Winter of 2024/2025, it is anticipated that there will be a significant increase in traffic along Legacy Drive from north of First Street to US 380. This project includes the preparation of two (2) traffic signal warrant studies, one at the intersection of Legacy Drive and First Street and the other at the intersection of Legacy Drive and Prairie Drive. With an expectation that the intersection of Legacy Drive and First Street will meet the initial warrant study for a traffic signal shortly after the two roadway projects are completed, this project includes funding for the design of a traffic signal at that intersection. As for the intersection of Legacy Drive and Prairie Drive, event though it is not expected to need a traffic signal shortly after the two roadway projects are completed, it will most likely warrant a traffic signal in the next 3 years, so this project includes the funding of the design of a traffic signal at that intersection, which will allow the construction to be accelerated when the intersection does warrant a traffic signal. This project also includes an operational analysis at the intersection of First Street and Windsong Parkway. With the recent installation of a traffic signal at that intersection, staff has received a request for a dedicated southbound left turn lane on Windsong Parkway to alleviate traffic concerns. An operational analysis will be performed to evaluate the traffic volumes at the intersection and recommendation(s) provided on what improvements are necessary at the intersection. The recommendation(s) could include more specific traffic signal timing plans for various times of the day/week, and/or need to construct the requested dedicated southbound left turn lane on Windsong Parkway to improve efficiency. ENGINEERING SERVICES Page 82 Item 9. Page 2 of 2 Budget Impact: The cost for the traffic signal warrant studies and the operational analysis is $22,000, and the cost for the design of the two (2) traffic signals is $106,000 for a total of $128,000. The funding is to be transferred from the $1,000,000 approved in FY2024 for Traffic Improvement Projects, Account No. 750-6610-10-00-2335-ST to Account No. 750-5410-10-00-2404-TR. In October 2023, $22,800 was allocated from the Traffic Improvement Project fund for the design of the Windsong Parkway/US 380 Dual Left Turns project. With approval of this Professional Engineering Services Agreement, there will be $849,200 remaining in the Traffic Improvement Project fund which will be used to fund the construction of the Windsong Parkway/US 380 Dual Left Turns project ($130,000 estimated) and the traffic signal at the intersection of First Street and Legacy Drive ($465,000 estimated). Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional Engineering Services Agreement as to form and legality. Attached Documents: 1. Professional Engineering Service Agreement 2. Location Map 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 Legacy Drive Traffic Signal Warrants and First Street/Windsong Parkway Intersection Analysis project. 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 Legacy Drive Traffic Signal Warrants and First Street/Windsong Parkway Intersection Analysis project. Page 83 Item 9. 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 LEGACY DRIVE TRAFFIC SIGNALS AND, FIRST/WINDSONG INTERSECTION ANALYSIS PROJECT NUMBER 2404-TR 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 Two Signal Warrant Studies, an Operational Analysis and the Final Design of 2404-TR Traffic Signal at First Street & Legacy Drive and Prairie Drive & Legacy 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 Twenty Eight Thousand Dollars ($128,000) 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. Page 84 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 2 OF 15 These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred, 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. Page 85 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 3 OF 15 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 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 Page 86 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 4 OF 15 such disagreement to non-binding mediation. 18. Prevailing Party. In the event a Party 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). 19. “Anti-Israel Boycott” Provision. In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Agreement that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 20. Signatories. Town warrants and represents that the individual executing this Agreement on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of _______________________, 20____. STANTEC CONSULTING SERVICES INC. By: Signature Dave Carter Printed Name Principal Title 03/15/2024 Date TOWN OF PROSPER, TEXAS By: Signature Mario Canizares Printed Name Town Manager Title Date Page 87 Item 9. 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 LEGACY DRIVE TRAFFIC SIGNALS AND, FIRST/WINDSONG INTERSECTION ANALYSIS PROJECT NUMBER 2404-TR I. PROJECT DESCRIPTION This project includes the preparation of two traffic signal warrant studies (First Street at Legacy Drive and Legacy Drive at Prairie Drive), an Operational Analysis for First Street at Windsong Parkway, and the design of a new traffic signal for First Street at Legacy Drive. The traffic signal will likely be needed soon after two current projects, including the widening of First Street and the extension of the Legacy Drive between Prairie Drive and First Street are completed. The widening of First Street is currently under construction and will include all four approaches of the Legacy Drive intersection, though initially it will only be T-intersection from the north until the south approach of Legacy Drive is extended. The south extension of Legacy Drive from First Street down to Prairie Drive will begin construction shortly. Completion of that project will result in a wide intersection of two 4-lane divided roadways with exclusive left-turn turnbays and wide medians for future expansion. Future development and traffic forecasts indicate that these traffic signals will be warranted in the future. The warrant study will help determine approximately when it will be warranted. Proposed intersection improvements to be included with the signal design will include ADA compliant pedestrian ramps and straight crosswalks. Teague Nall and Perkins, Inc. (TNP) has developed design plans for the widening of First Street including the future intersection of First Street and Legacy Drive. Kimely Horn & Associates (KHA) has prepared design plans for the extension of Legacy Drive from Prairie Drive to First Street. It is assumed that the engineering CADD and survey files for both of those projects will be provided to Stantec to use as design base files. Stantec will design the new traffic signal 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, mast arm-mounted signs, and pedestrian pole assemblies as needed. 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 traffic signal design guidelines state that directional curb ramps should be located to provide straight crosswalks which may require ADA ramp and/or median nose modifications at the intersection. Stantec will provide a preliminary intersection layout at the 30% design level for a coordination meeting with the Town staff to evaluate the potential impact to these elements. It is assumed that any revisions would be included as part of Stantec’s signal design construction plans, but they could be incorporated into change orders for the First Street widening project if the Town desires. The traffic signal plans will be developed based on engineering design CADD files provided by TNP and KHA. A new field survey is not being provided by Stantec as part of the basic services. Potholing for subsurface utility engineering Page 88 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 6 OF 15 (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 Warrant Studies and Operational Analysis (complete by June 14, 2024) This analysis includes Signal Warrant Studies at two intersections (Legacy Drive at First Street and Legacy Drive at Prairie Drive) as well as an Operational Analysis for First Street at Windsong Parkway to determine if a southbound Left-Turn lane needs to be added within the median to match the northbound approach. The following tasks will be performed to complete the analysis: 1) Meetings: Stantec staff will attend up to one (1) meeting as part of this scope to review the results of the study with the Town. 2) Site Visit and design plan reviews: A site visit will be conducted by Stantec staff to obtain information about the existing surrounding roadway network as well as all geometric and operational aspects. Design plans for the widening of First Street will also be reviewed to evaluate warrants for the future condition. These reviews include the following: a) Location of pedestrian facilities and school zones b) Land use surrounding each intersection, c) Near-by traffic generators, d) Additional intersection specific issues that may warrant a signal, e) Intersection Sight distance, f) Safety considerations, g) Intersection photos needed to show any operational issues, and h) Any operational factors that may affect the intersection. i) The study intersections include the following: (a) First Street at Legacy Drive – Legacy Drive will be extended to the south in the near future. (b) Legacy Drive at Prairie Drive (c) First Street at Windsong Parkway 3) Existing Data Collection: a) 24-Hour Approach Counts: automated 24-hour counts will be collected for each approach to the study intersection. The counts will be collected in 15-minute increments. All traffic data will be collected on a typical weekday when area schools are in session. b) Crash Data: Stantec engineers will request collision information for the study intersections. 4) Forecasted Traffic Volumes: Stantec will review recent traffic studies and establish projections of traffic based on the Town’s Comprehensive Plan and data available from NCTCOG and TxDOT for the area to determine short- and long-term traffic volume forecasts for the intersection after Legacy is extended. 5) Signal Warrant: Stantec engineers will evaluate the warrants for the installation of a traffic signal presented in the latest edition of the Texas Manual on Uniform Traffic Control Devices. A new version of the Federal MUTCD has recently been released and Stantec will evaluate the new warrant requirements and guidelines to determine if they impact the results of the study. 6) Operational Analysis: Stantec engineers will evaluate the existing traffic operations at First Street at Windsong Parkway using a SYNCHRO to determine the peak period level of service for each movement and Page 89 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 7 OF 15 will evaluate a cost-benefit analysis of adding a southbound left-turn lane. 7) Summary Report: When the study is complete, a draft report summarizing the traffic signal warrant studies will be prepared and submitted to the Town for review. Stantec engineers will revise the report to address review comments received, finalize the report, and submit a PDF copy to the Town. All raw traffic volume data will be included as appendices to the report. Task 2 - Traffic Signal Design. (NTP June 14 following Warrant Study Results) 1. Manage the team: • 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) virtual meeting with Town staff to discuss traffic signal design criteria. • Attend one (1) meeting (in-person, in the field if possible) for 30% review - Stantec engineers will conduct a site visit at the intersection with the Town of Prosper Engineering Department to review the potential 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. A field review of the 30% plans may not be possible due to the current widening construction of First Street so this meeting may be virtual if necessary. • Attend one (1) virtual design review meeting with Town staff following the 60% and 90% design plan reviews. 4. Prepare 30% signal design plans (complete by August 01, 2024) • Develop plan sheets for a permanent traffic signal based on base files provided by the Town from other consultants. • The 30% traffic signal design plans will show location of the proposed controller cabinet, traffic signal poles, ADA ramps and median nose modifications for a starting design discussion that will occur in the field (if possible) with the Town. 5. Prepare 60% signal design plans (complete by October 01, 2024) • Traffic signal layout sheet(s) showing traffic 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, pull 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. • Traffic signal design tables sheet(s). Chart details will be at 90%. • Signing layout sheet detailing traffic signal related signs. Page 90 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 8 OF 15 • 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 January 10, 2024) • Receive comments from the Town on the preliminary plans and incorporate into plans. • Traffic signal layout sheet(s) showing traffic 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, pull 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 o Traffic 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 March 14, 2025): • 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 3 - 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 (1) field visit may be necessary to meet a contractor in the field to discuss any design issues that may occur during construction. Page 91 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 9 OF 15 Task 4 – 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. 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. • 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 timing is not included in the scope of services. • Illumination design is not included in the scope of services, except for one (1) 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 are not included in the scope of services. • Construction inspection services are not included in the scope of services. • As-built surveys of constructed improvements are not included in the scope of services. • Public hearings or Town Council/Commission meetings are not included in the scope of services. • Attendance at a utility coordination meeting to start the relocation process with affected franchise utilities is not included in the scope of services. 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 are 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 are 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. Page 92 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 10 OF 15 If any of these items are required, they may be added for an additional fee. III. DELIVERABLES Task 1 – Traffic Signal Warrant Study One (1) PDF copy of the Draft Warrant Study One (1) PDF copy of the Final Warrant Study Task 2 – 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 4 - Record Drawings One (1) PDF copy of each sheet of the record drawings One (1) CADD file of the record drawings base map Page 93 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 11 OF 15 EXHIBIT B COMPENSATION SCHEDULE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND STANTEC CONSULTING SERVICES INC. FOR LEGACY DRIVE TRAFFIC SIGNALS AND, FIRST/WINDSONG INTERSECTION ANALYSIS PROJECT NUMBER 2404-TR I. COMPENSATION SCHEDULE Task Completion Schedule Compensation Schedule Notice-to-Proceed April 1, 2024 Legacy Drive Signals Task 1 - Signal Warrant Studies and Ops Analysis June 14, 2024 $22,000 Task 2 - Traffic Signal and ADA Designs March 14, 2025 $88,000 Task 3 – Bidding and Construction Phase Services TBD $13,000 Task 4 – Record Drawings TBD $5,000 Total Compensation $128,000 II. COMPENSATION SUMMARY Basic Services Billing Method Amount Task 1 - Signal Warrant Studies and Ops Analysis Lump Sum (percent complete) $22,000 Task 2 - Traffic Signal and ADA Designs Lump Sum (percent complete) $88,000 Task 3 – Bidding and Construction Phase Services Time & Materials $13,000 Task 4 – Record Drawings Lump Sum (percent complete) $5,000 Total Basic Services: $128,000 Special Services (NOT AUTHORIZED TO PROCEED) Amount N/A $0 Total Special Services: $0 Direct Expenses Amount None $0 Total Direct Expenses: $0 Page 94 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 12 OF 15 EXHIBIT C INSURANCE REQUIREMENTS Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the service provider. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable, except for professional liability. 2. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. 3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 4. Professional Liability, also known as Errors and Omissions coverage. B. MINIMUM LIMITS OF INSURANCE Service Provider shall maintain throughout contract limits not less than: 1. Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: a. Premises / Operations b. Broad Form Contractual Liability c. Products and Completed Operations d. Personal Injury e. Broad Form Property Damage 2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease- Policy Limit, and $100,000 Disease- Each Employee. 3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired, and non-owned autos. 4. Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. Page 95 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 13 OF 15 D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: 1. General Liability and Automobile Liability Coverages a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the provider, products and completed operations of the provider, premises owned, occupied or used by the provider. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. b. The provider’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the provider’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. d. The provider’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the insured’s limits of liability. 2. Workers Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the provider for the Town. 3. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 4. Professional Liability and / or Errors and Omissions: “Claims made” policy is acceptable coverage, which must be maintained during the course of the project, and up to two (2) years after completion and acceptance of the project by the Town. E. ACCEPTABILITY OF INSURERS The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. F. VERIFICATION OF COVERAGE Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Certificate holder to be listed as follows: Town of Prosper P.O. Box 307 Prosper, TX 75078 Page 96 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 14 OF 15 EXHIBIT D CONFLICT OF INTEREST AFFIDAVIT PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND STANTEC CONSULTING SERVICES INC. FOR LEGACY DRIVE TRAFFIC SIGNALS AND, FIRST/WINDSONG INTERSECTION ANALYSIS PROJECT NUMBER 2404-TR THE STATE OF TEXAS § § COUNTY OF ________________ § I, _________________________, a member of the Consultant team, make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have the following interest in a business entity that would be affected by the work or decision on the Project (Check all that apply): _____ Ownership of 10% or more of the voting shares of the business entity. _____ Ownership of $25,000.00 or more of the fair market value of the business entity. _____ Funds received from the business entity exceed 10% of my income for the previous year. _____ Real property is involved, and I have an equitable or legal ownership with a fair market value of at least $25,000.00. _____ A relative of mine has substantial interest in the business entity or property that would be affected by my decision of the public body of which I am a member. _____ Other: _________________________________________________. _____ None of the Above. Upon filing this affidavit with the Town of Prosper, Texas, I further affirm that no relative of mine, in the first degree by consanguinity or affinity, as defined in Chapter 573 of the Texas Government Code, is a member of the public body which took action on the agreement. Signed this _______________ day of _________________________, 20____. ________________________________ Signature of Official / Title BEFORE ME, the undersigned authority, this day personally appeared _______________________________________ and on oath stated that the facts hereinabove stated are true to the best of his / her knowledge or belief. Sworn to and subscribed before me on this _____ day of ________________________, 20 . Notary Public in and for the State of Texas My Commission expires: Page 97 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 15 OF 15 EXHIBIT E CONFLICT OF INTEREST QUESTIONNAIRE Page 98 Item 9. LOCATION MAP Legacy Drive Traffic Signals and First/Windsong Intersection Analysis Legacy Drive Windsong Pkwy First Street Page 99Item 9. Page 1 of 2 To: Mayor and Town Council From: David Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Specific Use Permit Ordinance for First Baptist Church Town Council Meeting – March 26, 2024 Strategic Visioning Priority: 3. Commercial Corridors are ready for Development Agenda Item: Consider and act upon an ordinance granting a Specific Use Permit (SUP) for a Licensed Child- Care Center use and a one-year approval of a temporary building, as shown on the Site Plan, “Exhibit B”, on 9.7± acres on Collin County School Land Survey, Abstract 147, Tracts 145, 168, and 172, located on the east side of Church Street and 305± feet south of First Street. The property is zoned Single Family-15. (ZONE-23-0035) Description of Agenda Item: On March 12, 2024, the Town Council approved the proposed Specific Use Permit by a vote of 7-0 with the condition that approval for the temporary building will expire in one year. An ordinance has been prepared accordingly. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Ordinance 2. Ordinance Exhibits Town Staff Recommendation: Town Staff recommends approval of an ordinance granting a Specific Use Permit (SUP) for a Licensed Child-Care Center use and a one-year approval of a temporary building, as shown on the Site Plan, “Exhibit B”, on 9.7± acres on Collin County School Land Survey, Abstract 147, Tracts 145, 168, and 172, located on the east side of Church Street and 305± feet south of First Street. PLANNING Page 100 Item 10. Page 2 of 2 Proposed Motion: I move to approve/deny an ordinance granting a Specific Use Permit (SUP) for a Licensed Child- Care Center use and a one-year approval of a temporary building, as shown on the Site Plan, “Exhibit B”, on 9.7± acres on Collin County School Land Survey, Abstract 147, Tracts 145, 168, and 172, located on the east side of Church Street and 305± feet south of First Street. Page 101 Item 10. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING PROSPER’S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT (SUP) TO ALLOW A LICENSED CHILD-CARE CENTER USE ON A TRACT OF LAND CONSISTING OF 9.7 ACRES, MORE OR LESS, IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, TRACTS 145, 168, AND 172, TOWN OF PROSPER, COLLIN COUNTY, TEXAS; DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has investigated and determined that the Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Kimley- Horn and Associates, Inc. (“Applicant”) for a Specific Use Permit (SUP) for a Licensed Child-Care Center use to be located on a tract of land zoned Single Family-15 (SF-15), consisting of 9.7 acres of land, more or less, in the Collin County School Land Survey, Abstract No. 147, Tracts 145, 168, and 172, in the Town of Prosper, Collin County, Texas, and being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes; and WHEREAS, the Town Council has investigated and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required to grant a Specific Use Permit (SUP) have been given in the manner and form set forth by law, Public Hearings have been held, and all other requirements of notice and completion of such procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS; THAT: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Specific Use Permit Granted. The Town’s Zoning Ordinance is amended as follows: Applicant is granted a Specific Use Permit (SUP) to allow a Licensed Child-Care Center use, on a tract of land zoned Single Family-15 (SF-15), consisting of 9.7 acres of land, more or less, in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, and being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes as if set forth verbatim. Page 102 Item 10. Case No. ZONE-23-0035 Ordinance No. 2024-__, Page 2 The development plans, standards, and uses for the Property in this Specific Use Permit shall conform to, and comply with 1) the Site Plan, attached hereto as “Exhibit B”, which are incorporated herein for all purposes as if set forth verbatim, subject to the following conditions of approval by the Town Council: 1. One-year approval of the temporary building as shown on the Site Plan, “Exhibit B”. All development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to- date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to- time be made of the official zoning district map. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm, or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm, or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation, or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state, and federal law. Page 103 Item 10. Case No. ZONE-23-0035 Ordinance No. 2024-__, Page 3 SECTION 6 Severability. Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF MARCH, 2024. ______________________________ David F. Bristol, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 104 Item 10. S.CHURCH STREET E. FIRST STREETCHURCH STREET POINT OFBEGINNING0'60'120'180'RINGLEY & ASSOCIATES, INC.FIRST BAPTIST CHURCH, PROSPER, TEXAS9.744 ACRESsituated in theCollin County School Land Survey, Abstract No. 147City of Prosper, Collin County, Texas“”“”“”“”“”CASE NO. ZONE-23-0035Page 105Item 10. E. FIRST ST. 1"=60' Project No. Sheet No.Issue Dates:Revision & Date: 1 11/08/2023 2 01/09/2024 3 4 5 6 Drawn By:Checked By:Scale: C.E.C.I.PROSPER, TEXAS FIRST BAPTIST CHURCH OF PROSPER EXPANSION22016 FIRST BAPTIST CHURCH OF PROSPER FIRST BAPTIST CHURCH1720 W. Virginia Street McKinney, Texas 75069 972.562.4409 Texas P.E. Firm No. F-5935 C.E.C.I. 1 2 3 4 5 6 CALL BEFORE YOU DIG (@ least 72 hours prior to digging) STOP! OF PROSPER EXPANSION CASE NO. ZONE-23-0035 Existing Portable Building Building D 5,173 SF Existing Building Building C 1,882 SF Existing Building Building B 5,674 SF Existing Building Building A 10,002 SF EXHIBIT B - SITE PLAN ¶ ¶ ¶ ¶ ¶ ¶ ¶¶ ¶ ¶ Existing Playground Page 106 Item 10. Page 1 of 2 To: Mayor and Town Council From: David Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Amend Planned Development-111 Regarding the Number of Contiguous Units that Constitute a Row of Townhomes Town Council Meeting – March 26, 2024 Strategic Visioning Priority: 3. Commercial Corridors are ready for Development Agenda Item: Consider and act upon an ordinance amending the number of contiguous units that constitute a row of Townhomes in Planned Development-111 (PD-111), Ordinance No. 2021-52, to two (2) to seven (7) connected residential units, located north of US 380 (University Drive) and west of Lakewood Drive. (ZONE-24-0003) Description of Agenda Item: On March 12, 2024, the Town Council unanimously approved the proposed amendment to Planned Development-111 (PD-111), by a vote of 6-0. An ordinance has been prepared accordingly. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town Staff recommends approval of an ordinance amending the number of contiguous units that constitute a row of Townhomes in Planned Development-111 (PD-111), Ordinance No. 2021-52, to two (2) to seven (7) connected residential units, located north of US 380 (University Drive) and west of Lakewood Drive. PLANNING Page 107 Item 11. Page 2 of 2 Proposed Motion: I move to approve/deny an ordinance amending the number of contiguous units that constitute a row of Townhomes in Planned Development-111 (PD-111), Ordinance No. 2021-52, to two (2) to seven (7) connected residential units, located north of US 380 (University Drive) and west of Lakewood Drive. Page 108 Item 11. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING SUBPART 2.8, “AREA AND BUILDING REQUIREMENTS” OF SECTION 2, “TOWNHOUSE RESIDENTIAL COMPONENT – TRACT “A”” OF PLANNED DEVELOPMENT-111 (PD-111), ORDINANCE NO. 2021-52; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has investigated and determined that Planned Development-111 (PD-111), Ordinance No. 2021-52 should be amended; and WHEREAS, after public notice and public hearing as required by law, the Planning & Zoning Commission of the Town of Prosper, Texas, has recommended amending Planned Development-111 (PD-111), Ordinance No. 2021-52, to encompass those amendments as set forth herein; and WHEREAS, after public notice and public hearing as required by law, and upon due deliberation and consideration of the recommendation of said Planning & Zoning Commission and of all testimony and information submitted during said public hearing, the Town Council of the Town of Prosper, Texas, has determined that it is in the public’s best interest and in furtherance of the health, safety, morals, and general welfare of the citizens of the Town to amend Planned Development-111 (PD-111), Ordinance No. 2021-52, as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, existing Subpart 2.8, “Area and Building Requirements” of Section 2, “Townhouse Residential Component – Tract “A”” of Planned Development-111 (PD-111), Ordinance No. 2021-52, of the Town of Prosper Texas, is hereby amended to read as follows: “A. Townhouse Residential Component – Tract “A” * * * 2.8. Area and building requirements: Lot area and building requirements are as follows: * * * 2.8.9. Minimum and Maximum Adjoined Units: Buildings shall be two (2) to seven (7) connected residential units with a minimum of fourteen feet (14’) of separation between buildings. * * *” Page 109 Item 11. Case No. ZONE-24-0003 Ordinance No. 2024-__, Page 2 SECTION 3 Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 4 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5 Any person, firm, corporation, or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of two thousand dollars ($2,000.00), and each and every day such violation shall continue shall constitute a separate offense. SECTION 6 This Ordinance shall become effective after its adoption and publication as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF MARCH, 2024. ______________________________ David F. Bristol, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 110 Item 11. Page 1 of 1 To: Mayor and Town Council From: David Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Notice of Appeals Town Council Meeting – March 26, 2024 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 Preliminary Site Plans and Site Plans. Description of Agenda Item: Attached are the Preliminary Site Plans and Site Plans that were acted on by the Planning & Zoning Commission on March 19, 2024. 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 Preliminary Site Plans and Site Plans acted on by the Planning & Zoning Commission. Budget Impact: There is no budgetary impact affiliated with this item. Attached Documents: 1. DEVAPP-23-0195 – Site Plan for Prosper Elementary School No. 19, Block A, Lot 1 (Approved 6-0) Town Staff Recommendation: Town Staff recommends the Town Council take no action on this item. Proposed Motion: N/A PLANNING Page 111 Item 12. ProsperIndependentSchoolDistrictrevisionno.datebydatescaleverthoriztnp projectsheetHUC23376Town of Prosper, TexasProsper Independent School DistrictNew Elementary #19FEB 2024teague nall and perkins, inc5237 N. Riverside Drive, Suite 100Fort Worth, Texas 76137817.336.5773 ph 817.336.2813 fxwww.tnpinc.comTBPELS: ENGR F-230; SURV 10011600, 10011601, 10194381GBPE: PEF007431; TBAE: BR 26731TOWN SITE PLAN1"=60'N/ASITE PLAN FORPROSPER ELEMENTARY SCHOOLNo. 19BLOCK A, LOT #1TOWN OF PROSPERCOLLIN COUNTY, TEXASDATE PREPARED: FEBRUARY 2024TOWN CASE #DEVAPP-23-0195LOCATION MAPNOT TO SCALELEGENDSITE DATA SUMMARYSITE PLAN NOTESPage 112Item 12. Page 1 of 5 To: Mayor and Town Council From: David Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Specific Use Permit for Licensed Childcare Center Town Council Meeting – March 26, 2024 Strategic Visioning Priority: 2. Development of Downtown as Destination Agenda Item: Conduct a Public Hearing and consider and act upon a request to rezone 0.3± acres on Prosper Central Addition, Block 1, Lot 1 from Single Family-15 to Planned Development–Downtown Office to allow multifamily, office, and retail uses, located on the northeast corner of Coleman Street and Sixth Street. (ZONE-23-0029) Future Land Use Plan: The Future Land Use Plan recommends the Old Town District. The proposed zoning request conforms to the Future Land Use Plan. PLANNING Page 113 Item 13. Page 2 of 5 Zoning: The property is zoned Single-Family 15. Thoroughfare Plan: This property has direct access to Sixth Street. Parks Master Plan: The Parks Master Plan does not indicate a park is needed on the subject property. 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 received one response in opposition to the proposed zoning request to date. Attached Documents: 1. Aerial & Zoning Maps 2. Exhibit A – Survey 3. Exhibit B – Letter of Intent 4. Exhibit C – Development Standards 5. Exhibit D – Conceptual Plan 6. Exhibit E – Development Schedule 7. Exhibit F – Elevations 8. Exhibit G – Landscape Plan 9. Email in Opposition 10. Future Land Use Plan Exhibit Description of Agenda Item: 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 construct a two-story, mixed-use building that allows for multifamily, office, and retail uses. The first floor will consist of office and retail uses while the second floor will consist of a maximum of four multifamily units. Compatibility: This zoning change would not be seen as out of character with the existing neighborhood due to compatibility with the surrounding areas. There is surrounding development to the north that shares the same base zoning as the proposed development. Additionally, areas to the south and the west have zoning districts that will produce similar uses to the proposed uses in this Planned Development. Page 114 Item 13. Page 3 of 5 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 Vacant Old Town District North Planned Development- 112 (Downtown Office) Office Old Town District East Single Family-15 Residential Old Town District South Commercial Residential Old Town District West Downtown Retail Vacant Old Town District Uses: The list of permitted uses within this Planned Development is shown below.  Administrative/Medical and Professional Office  Art and Craft Store  Bakery  Bank/Savings and Loan/Credit Union (No Drive-Thru)  Beauty Salon/Barber Shop  Bookstore  Boot and Shoe Sales  Business Service  Ceramics Store  Clothing and Apparel Store  Florist  Hobby or Toy Store  Ice Cream Shop  Insurance Office  Leather Store  Minor Dry Cleaning (Drop Off Only)  Minor Print Shop (Drop Off Only)  Multifamily (2nd Floor Only) – Max. 4 Units  Music Instrument Sales  Novelty or Gift Shop  Trophy Sales  Similar uses, as determined by the Director of Development Services. Page 115 Item 13. Page 4 of 5 Parking: The parking requirements are as follows.  Multifamily – 2 Spaces per Unit o 4 Units (8 Spaces Required)  Office – 1 Space per 350 Square Feet o 2,450 Square Feet (7 Spaces Required)  Retail – 1 Space per 250 Square Feet o 2,450 Square Feet (10 Spaces Required) A total of 20 spaces are being provided for this development. Of the twenty spaces, eight are allocated to multifamily use and are in enclosed garages. The remaining twelve spaces will be accessible to the public and are sufficient whether the first floor develops as office, retail, or a combination of these uses. Landscaping: The landscaping standards within this Planned Development in comparison to the Town’s Zoning Ordinance are shown below. Proposed Landscaping (Development Standards) Required Landscaping (Zoning Ordinance) Northern Boundary (Adjacent to Commercial) Buffer: 5’ Landscape Area Plantings: Ground cover Buffer: 5’ Landscape Area Plantings: One ornamental tree and shrub every 15 linear feet. Eastern Boundary (Adjacent to Residential) Buffer: 5’ Landscape Area Plantings: One large tree, three-inch caliper minimum, on both landscape islands. One ornamental tree every 15 linear feet between the landscape islands. Buffer: 5’ Landscape Area Plantings: One ornamental tree and shrub every 15 linear feet. Southern Boundary (Sixth Street) Buffer: 5’ Landscape Area Plantings: Ground cover Buffer: 5’ Landscape Area Plantings: One ornamental tree and shrub every 15 linear feet. Western Boundary (Coleman Street) Buffer: 5’ Landscape Area Plantings: One ornamental tree every 15 linear feet. Three shrubs, five-gallon minimum, on each landscape planting area on the western property line. Buffer: 5’ Landscape Area Plantings: One ornamental tree and shrub every 15 linear feet. Page 116 Item 13. Page 5 of 5 The planting areas on the northern and southern property lines are impacted by the condensed site. Staff recommended ground cover for these buffers and appropriate landscaping adjacent to the neighboring residential property and Coleman Street. Staff has determined that adequate landscaping has been provided on the eastern and western boundaries to mitigate the landscaping provided on the northern and southern boundaries. Architectural Standards: The architectural standards within this Planned Development require the building to be consistent with the Downtown Office architectural standards. Overall, elevations will exceed 90 percent masonry. Additionally, all construction shall have an approved façade plan before issuance of a building permit. Town Staff Recommendation: Town Staff recommended approval of the request to rezone 0.3± acres on Prosper Central Addition, Block 1, Lot 1 from Single Family-15 to Planned Development-Downtown Office, located on the northeast corner of Coleman Street and Sixth Street to the Planning & Zoning Commission. Planning & Zoning Recommendation: The Planning & Zoning Commission recommended approval of this item by a vote of 4-2 at their meeting on March 19, 2024. Commissioners Reeves and Blanscet voted in opposition to this item due to concerns with the multifamily component and the adjacency to residential development to the east. Proposed Motion: I move to approve/deny the request to rezone 0.3± acres on Prosper Central Addition, Block 1, Lot 1 from Single Family-15 to Planned Development-Downtown Office, located on the northeast corner of Coleman Street and Sixth Street. Page 117 Item 13. 0 100 20050 Feet E SEVENTH ST W SEVENTH ST N MAIN STW SIXTH ST E SIXTH STNCOLEMANST ¯ Site Plan ZONE-23-0029 This map for illustration purposes onlyFM 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 Page 118 Item 13. 0 100 20050 Feet C SF-15 DTO DTR PD-112 DTO ¯ Site Plan ZONE-23-0029 This map for illustration purposes onlyFM 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 Page 119 Item 13. Page 120 Item 13. Letter of Intent for 0 E 6th, Prosper TX, 75078 Developer: Imagine Mind Builders. 130 N. Preston Rd, suite 100-414, Prosper Tx 75078. To: City of Prosper Imagine mind builders is looking to develop a piece of vacant lot at the corner of Coleman and 6th street, Prosper TX. PROSPER CENTRAL ADDITION (CPR) BLK 1 LOT 1. The proposed use will conform with the city’s future plan and design for Coleman Rd. The project will be a 2 story building with style similar to existing buildings around Coleman and city center. The first floor facing (West) on Coleman st will be designated for office lease use with access from 6th Street and Alley will be paved exit. The 2nd floor will be residential studios. There will be 8 residential garages at the rear(East) to service the studio units with access from 6th street Adequate consideration will be given to ensure privacy for property on east side and a privacy fence will be erected on the east side along the property line. The plan will include Paving Alley next to the property( with city approval) Highlights; Lot is approximately .380 Acres 2450 sf of office space 3300 sf of residential studios 8 Residential parking 13 parking spaces for office leasing 1 Disability parking. Total of 21 parking spaces for the project. Design will confirm with city architectural design for the area. Thank you in advance for your consideration. Mo Adepoju Imagine Mind builders 469 715 2581 Page 121 Item 13. 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 • Art and Craft Store • Bakery • Bank/Savings and Loan/Credit Union (No Drive-Thru) • Beauty Salon/Barber Shop • Bookstore • Boot and Shoe Sales • Business Service • Ceramics Store • Clothing and Apparel Store • Florist • Hobby or Toy Store • Ice Cream Shop • Insurance Office • Leather Store • Minor Dry Cleaning (Drop Off Only) • Minor Print Shop (Drop Off Only) • Multi-Family (2nd Floor Only) – Max. 4 Units • Music Instrument Sales • Novelty or Gift Shop • Trophy Sales 1.2 Any similar uses as determined by the Director of Development Services. 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. • One large tree, three-inch caliper minimum, on landscaped islands on eastern property line. Page 122 Item 13. • One ornamental tree every 15 linear feet on eastern property line between landscape islands. • One ornamental tree on each end of western property line. • Three shrubs, five-gallon minimum, on each landscape planting area on the western property line. 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. Page 123 Item 13. ZONING EXISTING ZONING SINGLE FAMILY-15 (SF-15) PROPOSED ZONING PLANED DEVELOPMENT (DOWN TOWN OFFICE) BUILDING TOTAL NEW BUILDING AREA 7110 SQ.FT. PROPOSED USE 1ST FLOOR: 2450 SQ.FT.RETAIL/OFFICE 2ND FLOOR: 4660 SQ.FT. RESIDENTIAL 4- 2 BED ROOM UNITS BUILDING CONSTRUCTION WOOD FRAME W/ BRICK VENEER BUILDING HEIGHT 30'-0" (TWO STORY) PARKING RETAIL/OFFICE PARKING:2450/250 = 10 SPACES RETAIL PARKING PROVIDED 12 ACCESSIBLE PARKING 1 SPACES (INCLUDED) RESIDENTIAL PARKING:2 x 4 UNITS = 8 SPACES RESIDENTIAL PARKING PROVIDED 8 9'-0"5'-0"18'-0" ACCESSIBLE PARKING STRIPE DETAIL SCALE: 3/32"= 1'-0" 4" STRIPE (TYP.) 18'-0" PARKING STRIPE DETAIL SCALE: 3/32"= 1'-0" 4" STRIPE (TYP.)9'-0"9'-0"NOTE THIS DOCUMENT HAS BEEN PREPARED IN PART BASED UPON BOUNDARY, TOPOGRAPHIC, EXISTING UTILITIES, ELEVATIONS OVERALL SITE LAYOUT INCLUDING BUILDING LOCATION, PAVING LAYOUT, PARKING LAYOUT, BUFFER ZONES, EASEMENTS AND OTHER SURVEYING INFORMATION PROVIDED BY OTHERS AND THE SURVEYS AND SITE LAYOUT WERE PERFORMED BY OTHERS. THE DESIGN PROFESSIONAL CAN NOT ASSURE THE ACCURACY OF THIS INFORMATION PROVIDED BY OTHERS AND THUS IS NOT RESPONSIBLE FOR THE ACCURACY OR ANY ERRORS AND OR OMISSIONS THAT MAY HAVE BEEN INCORPORATED INTO IT. THOSE RELYING ON THIS INFORMATION FOR BIDDING AND CONSTRUCTION PURPOSES, YOU ARE ADVISED TO OBTAIN INDEPENDENT FIELD VERIFICATION OF THE INFORMATION ACCURACY BEFORE APPLYING IT FOR ANY PURPOSE. DUMPSTER ENCLOSURE PER CWD DIMENSION (10'X10') 673 673 674 6746 7 4 673 673675 NEW 7110 S.F. TWO STORY BUILDING 11 2 2 2 2 1 N 89o 54' 54" E 112.65' 20.00' ALLEY PAVEMENT 5.0' SET BACK469.68'(CM) NE CORNER OF LOT 7 SOUTH139.49'156.56'(CM) SE CORNER OF LOT 7S 89o 54' 54" W 90.00'N 11o 20' 19" W31.93'N 8o 42' 52" W109.41''E. 6TH STREETCOLEMAN STREET5'-0" 5'-0"15'-0"5'-0"15'-0"INSTALL NEW FIRE HYDRANT FDC 10'- 0 "10'-0"R3 0 ' - 0 "R30'-0"24'-0"FIRE LANE18'-0"30'-0"R20- 0"R20'-0 " RISER ROOM EXISTING STRUCTURE7'-0"R6'-0"5'-0"INSTALL NEW FIRE HYDRANT PROJECT LOCATION GRASS CONCRETE TRAFFIC DIRECTION PAVEMENT SLOPE FH NEW FIRE HYDRANT GM GAS METER GUY GUY WIRE HP HIGH MASS LIGHT POLE LP LIGHT POLE PP POWER POLE SSMH SANITARY SEWER MANHOLE TPED TELEPHONE PEDESTAL TS TRAFFIC SIGN SS SANITARY SEWER CO CLEAN OUT WM WATER METER OVERHEAD POWER LINE PROPERTY LINE CHAIN LINK FENCE METAL PRIVACY FENCE GAS GAS GAS LINE NEW SHADE TREE EXISTING TREE WOODEN FENCE LEGEND NEW ORNAMENTAL TREE NEW SHRUB EEE 3'-0"6'-0"2 3 8" GALVANIZED FENCE POST WOOD SCREENING FENCE DETAILS NOT TO SCALE TURF (WHERE SHOWN ON PLAN).4 3 PLANT. MULCH LAYER.2 1 CURB. 1 2 3 4 OF MATURE CANOPY 24" MIN. TO EDGE DISTANCE PER PLAN THOMAS DESIGN TECHNOLOGIES ENGINEERS DESIGNERS PROJECT MANAGERS 1312 RABBIT RIDGE CEDAR HILL, TEXAS 75104 PHONE: (972) 672-8927 EMAIL: rthomas3710@Att.net TBPE FIRM REGISTRATION NO. F-6086 C-2 PROPOSED SITE PLAN THOMAS DESIGN TECH THOMAS DESIGN TECH OWNER AS NOTED FEBRUARY 06, 2024 E 6th Street Mixed Use Civil Plans.Dwg EAST 6TH STREET MIXED USE FACILITY N COLEMAN & E. 6TH STREETS PROSPER, TEXAS 75078 9 23-036DESIGNED BY: DRAWN BY: REVIEWED BY: PLOT SCALE: DATE: TOTAL SHEETS PROPOSED SITE PLAN SCALE: 1" = 20'-0" FEBRUARY 06, 2024 LOCATION MAP NOT TO SCALE NORTH NORTH 20 10 0 20 40 SCALE: 1"= 20'-0 PARKING SPACE OVERHANG NOT TO SCALE EXHIBIT D: CONCEPTUAL PLAN PROSPER CENTRAL ADDITION BLOCK 1, LOT 1 ZONE-23-0029 NORTH COLEMAN BUILD OUT SECTION NOT TO SCALE Page 124 Item 13. Exhibit E - 0 E 6th Street Development Schedule Below is an anƟcipated project schedule for the proposed 0 E. 6th Street Development Schedule in accordance with the submiƩal checklist. This schedule is conceptual and subject to change based on permiƫng/enƟtlements. Once obtained, then the permiƫng approvals will start with the Town. Zoning SubmiƩal to Town — November 2023 Zoning Approval from Town — To be determined Final Site Plan SubmiƩal to Town - To be determined Final Site Plan Approval from Town — To be determined Submit Building Permit - To be determined. Final Engineering Approval from Town - To be determined Building Permit Issuance — To be determined Start ConstrucƟon — To be determined ConstrucƟon Complete — To be determined Page 125 Item 13. FRONT (EAST) ELEVATIONA21SCALE: 1/8"=1'-0"A2KEY PLANA25SCALE: N.T.S.01-06-2024 FACADE PLAN REAR (WEST) COLEMAN ST. ELEVATIONA22SCALE: 1/8"=1'-0"LEFT (NORTH) ELEVATIONA23SCALE: 1/8"=1'-0"RIGHT (SOUTH) ELEVATIONA24SCALE: 1/8"=1'-0"03/07/24DALLAS, TEXAS 75252 SHEET NUMBERDATEREVISION5834 WINDMIER LANE 214.663.4735 ARCHITECTS, INC.R. T. CHANG ARCHITECTS, INC.C COPYRIGHT 2007PROJECT NUMBERDRAFTERR. T. CHANGIMAGINE AT COLEMAN EAST 6TH STREET, PROSPER, TEXASPRELIMINARY FACADE PLANCITY PROJECT NO.NORTH COLEMAN AND EAST 6TH STREETBLOCK 1, LOT 1, PROSPER CENTRAL ADDITIONCITY OF PROSPER, COLLIN COUNTY, TEXASOWNER:MOSUNMADE ADEPOJU0 E 6TH, LLC, 130 N. PRESTON ROAD, PROSPER,TEXAS 75078. PH: (312) 810-8111EMAIL: mo@imaginemb.comAPPLICANT:DAVID WILSONR.T. CHANG ARCHITECTS, INC.5834 WINDMIER LANE, DALLAS, TEXAS 75252PH: (972) 900-6068EMAIL: kojowilson@yahoo.comARCHITECT:R.T.CHANG ARCHITECTS, INC.5834 WINDMIER LANE, DALLAS, TEXAS 75252PH: (214) 663-4735EMAIL: rtcarch@gmail.comTOP OF PARAPETELEV. = 32'-0"TOP OF PARAPETELEV. = 26'-0"FIRST FLOORELEV. = 0'-0"TOP OF PARAPETELEV. = 30'-0"BRICK VENEERBRICK VENEERBRICK VENEERFIRST FLOORELEV. = 0'-0"BRICK VENEERBRICK VENEERSECOND FLOORELEV. = 11'-0"ROOF LEVELELEV. = 22'-0"119'-6"24'-0"93'-6"STUCCO WINDOW SURROUND (TYPICAL)COLOR: OFF GRAYCOLOR: OFF BROWNCOLOR: OFF GRAYGARAGE DOORGARAGE DOOR57'-6"21'-9"19'-1"93'-6"24'-0"94'-7"24'-0"16'-5"22'-6"4'-5"TOP OF PARAPETELEV. = 30'-0"FIRST FLOORELEV. = 0'-0"BRICK VENEERSTONEVENEERSTONE VENEERCOLOR: OFF BROWN(TYPICAL)TOP OF PARAPETELEV. = 26'-0"TOP OF PARAPETELEV. = 32'-0"FIRST FLOORELEV. = 0'-0"BRICK VENEERTOP OF PARAPETELEV. = 32'-0"CERAMIC TILEPLANK (TYPICAL.)SECOND FLOORELEV. = 11'-0"ROOF LEVELELEV. = 22'-0"BRICK VENEER119'-6"BRICK VENEERBRICK VENEERSTONE VENEERTOP OF PARAPETELEV. = 30'-0"TOP OF PARAPETELEV. = 26-0"BRICK VENEERTOP OF PARAPETELEV. = 26-0"FIRST FLOORELEV. = 0'-0"SECOND FLOORELEV. = 11'-0"ROOF LEVELELEV. = 22'-0"BRICK VENEER57'-0"CERAMIC TILEPLANKBRICK VENEERTOP OF PARAPETELEV. = 32'-0"TOP OF PARAPETELEV. = 26'-0"FIRST FLOORELEV. = 0'-0"TOP OF PARAPETELEV. = 26'-0"BRICK VENEERBRICK VENEERSECOND FLOORELEV. = 11'-0"ROOF LEVELELEV. = 22'-0"SECOND FLOORELEV. = 11'-0"ROOF LEVELELEV. = 22'-0"BRICK VENEER57'-1"DESCRIPTIONNORTHSOUTHEASTWESTTOTAL SURFACE AREA MINUS GLAZING ELEVATIONMATERIALS,SQUARE FOOTAGE &PERCENTAGE 1117 SF 2884 SF 2597 SFBRICK =(1099 SF = 80%)STONE =(161 SF = 11.7%)CERAMICTILE PLANK =(38 SF = 2.8%)STUCCO =(35 SF =2.5%)METALS =(42 SF = 3%)GLAZING = 83 SFTOTAL SURFACE AREA1213 SF1458 SF3324 SF3324 SF 1375 SFBUILDING 1 - MATERIALS CALCULATIONBRICK =(1005 SF = 90%)STONE =(46 SF = 4%)CERAMICSTUCCO =(66 SF = 6%)GLAZING = 96 SFBRICK =(2854 SF = 99%)STONE =(0 SF = %)CERAMICSTUCCO =(30 SF = 1%)GLAZING = 440 SFBRICK =(1436 SF = 55%)STONE =(770 SF = 30%)CERAMICTILE PLANK =(333 SF = 13%)STUCCO =(58 SF = 2%)GLAZING = 727 SFGLAZING AREA NOTES:1.THIS FAÇADE PLAN IS FOR CONCEPTUALPURPOSES ONLY. ALL BUILDING PLANS REQUIREREVIEW AND APPROVAL FROM THE BUILDINGINSPECTIONS DIVISION.2.ALL MECHANICAL EQUIPMENT SHALL BESCREENED FROM PUBLIC VIEW. ROOFTOPMOUNTED EQUIPMENT SHALL BE SCREENED BY APARAPET WALL OR SCREENING WALL. SCREENINGWALLS SHALL BE THE SPECIFICATIONS OF THEZONING ORDINANCE.3.WHEN PERMITTED, EXPOSED UTILITY BOXES ANDCONDUITS SHALL BE PAINTED TO MATCH THEBUILDING. 4. ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. 5. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE REFLECTIVITY OF TEN (10) PERCENT. 6. ANY DEVIATION FROM THE APPROVED FAÇADE PLAN WILL REQUIRE PRE-APPROVAL BY THE TOWN OF PROSPER. MATERIALS LEGEND BRICK VENEERSTONE VENEERSTUCCOSTONE VENEER95'-0"5'-6"EYE LEVELBUILDINGPROPERTY LINESITE LINE STUDY EASTPage 126Item 13. ZONING EXISTING ZONING SINGLE FAMILY-15 (SF-15) PROPOSED ZONING PLANED DEVELOPMENT (DOWN TOWN OFFICE) BUILDING TOTAL NEW BUILDING AREA 7110 SQ.FT. PROPOSED USE 1ST FLOOR: 2450 SQ.FT.RETAIL/OFFICE 2ND FLOOR: 4660 SQ.FT. RESIDENTIAL 4- 2 BED ROOM UNITS BUILDING CONSTRUCTION WOOD FRAME W/ BRICK VENEER BUILDING HEIGHT 30'-0" (TWO STORY) PARKING RETAIL/OFFICE PARKING:2450/250 = 10 SPACES RETAIL PARKING PROVIDED 12 ACCESSIBLE PARKING 1 SPACES (INCLUDED) RESIDENTIAL PARKING:2 x 4 UNITS = 8 SPACES RESIDENTIAL PARKING PROVIDED 8 9'-0"5'-0"18'-0" ACCESSIBLE PARKING STRIPE DETAIL SCALE: 3/32"= 1'-0" 4" STRIPE (TYP.) 18'-0" PARKING STRIPE DETAIL SCALE: 3/32"= 1'-0" 4" STRIPE (TYP.)9'-0"9'-0"NOTE THIS DOCUMENT HAS BEEN PREPARED IN PART BASED UPON BOUNDARY, TOPOGRAPHIC, EXISTING UTILITIES, ELEVATIONS OVERALL SITE LAYOUT INCLUDING BUILDING LOCATION, PAVING LAYOUT, PARKING LAYOUT, BUFFER ZONES, EASEMENTS AND OTHER SURVEYING INFORMATION PROVIDED BY OTHERS AND THE SURVEYS AND SITE LAYOUT WERE PERFORMED BY OTHERS. THE DESIGN PROFESSIONAL CAN NOT ASSURE THE ACCURACY OF THIS INFORMATION PROVIDED BY OTHERS AND THUS IS NOT RESPONSIBLE FOR THE ACCURACY OR ANY ERRORS AND OR OMISSIONS THAT MAY HAVE BEEN INCORPORATED INTO IT. THOSE RELYING ON THIS INFORMATION FOR BIDDING AND CONSTRUCTION PURPOSES, YOU ARE ADVISED TO OBTAIN INDEPENDENT FIELD VERIFICATION OF THE INFORMATION ACCURACY BEFORE APPLYING IT FOR ANY PURPOSE. DUMPSTER ENCLOSURE PER CWD DIMENSION (10'X10') 673 673 674 6746 7 4 673 673675 NEW 7110 S.F. TWO STORY BUILDING 11 2 2 2 2 1 N 89o 54' 54" E 112.65' 20.00' ALLEY PAVEMENT 5.0' SET BACK469.68'(CM) NE CORNER OF LOT 7 SOUTH139.49'156.56'(CM) SE CORNER OF LOT 7S 89o 54' 54" W 90.00'N 11o 20' 19" W31.93'N 8o 42' 52" W109.41''E. 6TH STREETCOLEMAN STREET5'-0" 5'-0"15'-0"5'-0"15'-0"INSTALL NEW FIRE HYDRANT FDC 10'- 0 "10'-0"R3 0 ' - 0 "R30'-0"24'-0"FIRE LANE18'-0"30'-0"R20- 0"R20'-0 " RISER ROOM EXISTING STRUCTURE7'-0"R6'-0"5'-0"INSTALL NEW FIRE HYDRANT PROJECT LOCATION GRASS CONCRETE TRAFFIC DIRECTION PAVEMENT SLOPE FH NEW FIRE HYDRANT GM GAS METER GUY GUY WIRE HP HIGH MASS LIGHT POLE LP LIGHT POLE PP POWER POLE SSMH SANITARY SEWER MANHOLE TPED TELEPHONE PEDESTAL TS TRAFFIC SIGN SS SANITARY SEWER CO CLEAN OUT WM WATER METER OVERHEAD POWER LINE PROPERTY LINE CHAIN LINK FENCE METAL PRIVACY FENCE GAS GAS GAS LINE NEW SHADE TREE EXISTING TREE WOODEN FENCE LEGEND NEW ORNAMENTAL TREE NEW SHRUB EEE 3'-0"6'-0"2 3 8" GALVANIZED FENCE POST WOOD SCREENING FENCE DETAILS NOT TO SCALE TURF (WHERE SHOWN ON PLAN).4 3 PLANT. MULCH LAYER.2 1 CURB. 1 2 3 4 OF MATURE CANOPY 24" MIN. TO EDGE DISTANCE PER PLAN THOMAS DESIGN TECHNOLOGIES ENGINEERS DESIGNERS PROJECT MANAGERS 1312 RABBIT RIDGE CEDAR HILL, TEXAS 75104 PHONE: (972) 672-8927 EMAIL: rthomas3710@Att.net TBPE FIRM REGISTRATION NO. F-6086 C-2 PROPOSED SITE PLAN THOMAS DESIGN TECH THOMAS DESIGN TECH OWNER AS NOTED FEBRUARY 06, 2024 E 6th Street Mixed Use Civil Plans.Dwg EAST 6TH STREET MIXED USE FACILITY N COLEMAN & E. 6TH STREETS PROSPER, TEXAS 75078 9 23-036DESIGNED BY: DRAWN BY: REVIEWED BY: PLOT SCALE: DATE: TOTAL SHEETS PROPOSED SITE PLAN SCALE: 1" = 20'-0" FEBRUARY 06, 2024 LOCATION MAP NOT TO SCALE NORTH NORTH 20 10 0 20 40 SCALE: 1"= 20'-0 PARKING SPACE OVERHANG NOT TO SCALE EXHIBIT D: CONCEPTUAL PLAN PROSPER CENTRAL ADDITION BLOCK 1, LOT 1 ZONE-23-0029 NORTH COLEMAN BUILD OUT SECTION NOT TO SCALE Page 127 Item 13. From: George E. Dupont <GE@DupontTX.com> Sent: Monday, March 18, 2024 12:51 PM To: David Hoover <dhoover@prospertx.gov> Cc: Robyn Battle <RBattle@prospertx.gov> Subject: [*EXTERNAL*] - FW: ZONE-23-0029 | March 19, 2024 Importance: High ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** From: George E. Dupont Sent: Saturday, March 16, 2024 2:25 AM To: dpbaker@prospertx.gov Subject: FW: ZONE-23-0029 | March 19, 2024 Importance: High Plus, since this sides and backs to a single-family residence and to an area of single family residences (SF-15), is minimal landscaping being provided “adequate and sufficient”? Would you want to live next to a 2-story retail, office, and multi-family facility that appears to be right on your residential property line? Are we doing enough to visually protect the residents from a retail, office, and multi- family facility right next to them? GED From: George E. Dupont Sent: Saturday, March 16, 2024 2:15 AM To: dpbaker@prospertx.gov Subject: ZONE-23-0029 | March 19, 2024 Importance: High Conduct a Public Hearing and consider and act upon a request to rezone 0.3± acres on Prosper Central Addition, Block 1, Lot 1 from Single Family-15 to Planned Development–Downtown Office to allow multifamily, office, and retail uses. (ZONE- 23-0029) Parking is ALWAYS an issue around Retail, Office, and Multi-Family products – especially in Downtown Districts. In general, too many times Parking Requirements are “shaded” to the minimum and less which causes issues. The Town’s Minimum Parking Requirements for this project call for twenty-five (25) parking spaces HOWEVER, the developer is only providing twenty (20). WHY??? Another parking dilemma to ensue. Parking: The minimum parking requirements are as follows. • Multifamily – 2 Spaces per Unit o 4 Units (8 Spaces Required) • Office – 1 Space per 350 Square Feet o 2,450 Square Feet (7 Spaces Required) • Retail – 1 Space per 250 Square Feet o 2,450 Square Feet (10 Spaces Required) Page 128 Item 13. Total Required: 25 spaces Total Provided: 20 spaces A total of 20 spaces are being provided for this development. Of the twenty spaces, eight are allocated to multifamily use and are in enclosed garages. The remaining twelve spaces will be accessible to the public and are sufficient whether the first floor develops as office, retail, or a combination of these uses. Regards, George E. Dupont 1400 Harvest Ridge Lane Prosper, TX 75078-9130 Home: 214-585-0108 Cell: 214-232-5170 georgeedupont@gmail.com GE@DupontTX.com Confidentiality Notice: This email and any files accompanying its transmission are intended only for the recipient to whom it was addressed. This email may contain information that is legally privileged, confidential, or exempt from disclosure under applicable law. If you are not the intended recipient, be advised that the unauthorized use, disclosure, duplication, distribution, or the taking of any action in reliance on this information is strictly prohibited. If you have received this in error, please notify the sender by return email and then remove it immediately from your system. Page 129 Item 13. Future Land Use Plan Exhibit Page 130 Item 13. Page 131 Item 13. Page 132 Item 13. Surrounding Area Zoning Current Land Use Subject Property Single Family-15 Vacant North Planned Development-112 (Downtown Office) Office East Single Family-15 Residential South Commercial Residential West Downtown Retail Vacant Page 133 Item 13. Proposal Planned Development: •Mixed Use Building •Multifamily •Office •Retail Base Zoning: •Downtown Office District Page 134 Item 13. Page 135 Item 13. Permitted Uses Uses Allowed by Right: •Administrative/Medical and Professional Office •Art and Craft Store •Bakery •Bank/Savings and Loan/Credit Union (No Drive-Thru) •Beauty Salon/Barber Shop •Bookstore •Boot and Shoe Sales •Business Service •Ceramics Store •Clothing and Apparel Store •Florist •Hobby or Toy Store •Ice Cream Shop Page 136 Item 13. Permitted Uses Cont. Uses Allowed by Right: •Insurance Office •Leather Store •Minor Dry Cleaning (Drop Off Only) •Minor Print Shop (Drop Off Only) •Multi-Family (2nd Floor Only) –Max. 4 Units •Music Instrument Sales •Novelty or Gift Shop •Trophy Sales *Any similar uses as determined by the Director of Development Services.* Page 137 Item 13. Parking By Use: •Multifamily –2 Spaces per Unit •Office –1 Space per 350 SF •Retail –1 Space per 250 SF Provided: •20 Spaces (18 Required) •Multifamily (4 Units) –8 Spaces •Retail (2,450 SF) –10 Spaces Page 138 Item 13. Landscaping Zoning Ordinance: •5’ Landscape Buffer (Each Property Line) •One ornamental tree and shrub every 15 linear feet. Provided: •5’ Landscape Buffer (Each Property Line) •Ground Cover (North & South Property Lines) •Ornamental Trees and Shrubs (East & West Property Lines) Page 139 Item 13. Proposed Landscaping (Development Standards) Required Landscaping (Zoning Ordinance) Northern Boundary (Adjacent to Commercial) Buffer: 5’Landscape Area Plantings: Ground cover. Buffer: 5’Landscape Area Plantings: One ornamental tree and shrub every 15 linear feet. Eastern Boundary (Adjacent to Residential) Buffer: 5’Landscape Area Plantings: One large tree,three-inch caliper minimum,on both landscape islands. One ornamental tree every 15 linear feet between the landscape islands. Buffer: 5’Landscape Area Plantings: One ornamental tree and shrub every 15 linear feet. Southern Boundary (Sixth Street) Buffer: 5’Landscape Area Plantings: One large tree,three-inch caliper minimum,every 20 linear feet. Buffer: 5’Landscape Area Plantings: One ornamental tree and shrub every 15 linear feet. Western Boundary (Coleman Street) Buffer: 5’Landscape Area Plantings: One ornamental tree every 15 linear feet. Three shrubs,five-gallon minimum,on each landscape planting area. Buffer: 5’Landscape Area Plantings: One ornamental tree and shrub every 15 linear feet. Page 140 Item 13. Page 141 Item 13. Architectural Standards Zoning Ordinance: •Downtown Office Building Materials: •92% Masonry (Excluding Glazing) •Brick (80%) •Stone (12%) Page 142 Item 13. Page 143 Item 13. Page 144 Item 13. Planning & Zoning Commission Recommendation: •Approved (4-2) •Commissioners Reeves and Blanscet voted in opposition due to concerns with the multifamily component and adjacency to residential development to the east. Page 145 Item 13. Conclusion Notices: •Friday, February 23rd Citizen Response: •Email in Opposition Recommendation: •Approval Page 146 Item 13. Page 1 of 3 To: Mayor and Town Council From: Chuck Ewings, Assistant Town Manager Through: Mario Canizares, Town Manager Re: Amendmemt to Participating Member Contract Upper Trinity Regional Water District Town Council Meeting – March 26, 2024 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon authorizing the Town Manager to execute an Amendment to Participating Member Contract between the Upper Trinity Regional Water District, and the Town of Prosper, Texas, related to subscribing for additional wastewater treatment capacity associated with the expansion of the Doe Branch Water Reclamation Plant. Description of Agenda Item: The Town of Prosper currently subscribes to wastewater treatment provided by Upper Trinity Regional Water District at its Doe Branch Water Reclamation Plant (DBWRP) located southwest of Prosper in Little Elm. The Town is one of four customers utilizing the plant, including the City of Celina, Elm Creek SUD, and Mustang SUD. Due to the increase in wastewater flows associated with additional development, the Town of Prosper and City of Celina are seeking additional capacity through the expansion of the referenced plant. Current projections anticipate the Town of Prosper will require an additional 3.0 MGD of capacity by 2030. The first phase of the existing plant was completed in 2016 and provided a capacity of 2.0 MGD, of which, the Town of Prosper subscribed to the current 1.0 MGD provided. The plant was further expanded to add an additional 2.0 MGD of capacity in 2021 and the Town of Prosper did not need to participate in that expansion. This proposed amendment includes increasing the subscription to 1.125 MGD, adding existing common-to-all capacity that is available. Since September of 2022, the Town has exceeded its subscription and has been averaging approximately 1.3 MGD of flows to DBWRP. PUBLIC WORKS Page 147 Item 14. Page 2 of 3 In 2020, UTRWD reviewed the flow trends and began planning for another expansion to accommodate the growth occurring in Prosper and Celina and requested an increase in permitted treatment capacity from the Texas Commission of Environmental Quality (TCEQ) from 5.5 MGD to 20 MGD, which was approved in June of 2021. UTRWD began planning for an 8.0 MGD plant expansion soon after and entered into a design agreement with Carollo Engineering to begin preliminary engineering in September 2022. Initial construction estimates for the plant expansion were provided in January 2023 in the amount of $136M (not including design and project management fees) with the cost to be shared between three participants, the Town of Prosper, the City of Celina, and Mustang SUD. In September of 2023, Mustang SUD decided not to participate in the expansion leaving the cost of the expansion to be divided between Prosper and Celina. After 30% completion of the plans, new estimates were provided with the construction estimate increasing to $186,446,408, adding design and project management fees increases the total estimate to $209,892,554. The factors leading to the increase are related to having a more detailed design with fewer assumptions, changes in regulatory standards, utilizing current costs rather than historical indexes, and inflationary pressures in the region. The proposed amendment to the contract with UTRWD provides additional treatment capacity totaling 3.125 MGD, with 125,000 of existing capacity being provided immediately. The additional 3.0 MGD will be available as part of the 8.0 MGD expansion that will begin construction later this year, and result in the Town’s total subscribed capacity in the DBW RP being 4.125 MGD. The City of Celina plans to subscribe to 4.0 MGD and the remaining 1.0 MGD will be common-to-all capacity and available to any customer wishing to subscribe to all or some of it. An interceptor line to accommodate the additional flow will be also required to be constructed. The line will be constructed generally adjacent to the current interceptor line. The total construction estimates for the line, including design and project management costs, is $32,506,655. The amendment states that Town staff will be able to review the plans as they are completed, and we will coordinate with UTRWD to identify savings as each phase of the design is complete. UTRWD wishes to begin construction of the plant expansion this Fall. Page 148 Item 14. Page 3 of 3 Budget Impact: The total project cost for the 8.0 MGD of additional capacity at DBWRP, including the expansion and interceptor line, is estimated to be $242,399,209. Of that Prosper would participate in 50% of the cost with the City of Celina for a total estimated cost of $121,199,604.50 for each community. Estimated costs are provided in Exhibit A of the proposed amendment. The Town of Prosper CIP budget identifies up to $68,602,367.26 consisting of $6,102,367.26 of federal ARPA funds, $55M planned for the plant expansion, and $7.5M planned for the interceptor project. ARPA funds have been transferred for the project and the proposed amendment projects two payments of $31,250,000 in November 2024 and November 2025. The future payments would utilize certificates of obligation or revenue bonds. The funding schedule is provided in Exhibit B of the proposed amendment. The remaining balance and payment schedule will be determined after final costs are provided and may include the Town or Prosper issuance and /or UTRWD issuance. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Amendment as to form and legality. Attached Documents: 1. Amendment to Participating Member Contract Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager an Amendment to Participating Member Contract between the Upper Trinity Regional Water District, and the Town of Prosper, Texas, related to subscribing for additional wastewater treatment capacity associated with the expansion of the Doe Branch Water Reclamation Plant. Proposed Motion: I move to authorize the Town Manager to execute an Amendment to Participating Member Contract between the Upper Trinity Regional Water District, and the Town of Prosper, Texas, related to subscribing for additional wastewater treatment capacity associated with the expansion of the Doe Branch Water Reclamation Plant. Page 149 Item 14. UPPER TRINITY REGIONAL WATER DISTRICT NORTHEAST REGIONAL WATER RECLAMATION SYSTEM AMENDMENT TO PARTICIPATING MEMBER CONTRACT WITH TOWN OF PROSPER THE STATE OF TEXAS § § COUNTY OF DENTON § This AMENDMENT (the “Amendment”) is made and entered into this _______ day of _______________, 2024 (“Effective Date”), by and between UPPER TRINITY REGIONAL WATER DISTRICT (“the District”), and TOWN OF PROSPER (“Prosper”), to amend the Northeast Regional Water Reclamation System Participating Member Contract dated December 4, 2007, as amended, (the “Contract”), which Contract provides for Prosper to participate in the District’s Doe Branch Water Reclamation Plant (“Doe Branch Plant”) of the Northeast Regional Water Reclamation System. WITNESSETH: WHEREAS, the District has constructed and is operating the Doe Branch Plant, the capacity of which is currently 4.0 MGD; and WHEREAS, Prosper has subscribed to 1.0 MGD of capacity in the Doe Branch Plant; and WHEREAS, a portion of the Doe Branch Plant capacity (0.250 MGD) from the prior Phase 2 expansion remains unsubscribed and is being held as Common-To-All capacity for future needs by one or more participants; and WHEREAS, Prosper has requested that the District allocate a portion (0.125 MGD) of the remaining unsubscribed Common-To-All capacity to Prosper; and WHEREAS, continued growth within Prosper’s service area is causing an increase in its wastewater flow to the Doe Branch Plant and is creating a need for additional wastewater treatment service; and WHEREAS, to accommodate an expected increase in Wastewater flow and to provide additional capacity desired by Prosper and other participants in the Doe Branch Plant, the District is moving forward with plans to increase the treatment capacity of the Doe Branch Plant to 12.0 MGD, an additional 8.0 MGD; and WHEREAS, the District is also planning to construct a trunk main parallel to the existing Doe Branch Phase 1 trunk main from the Doe Branch Plant to Fishtrap Road to accommodate additional wastewater flow; and WHEREAS, the expansion of the Doe Branch Plant treatment capacity by an additional 8.0 MGD and the construction of the parallel trunk main shall hereinafter collectively be referred to as the “Project”; and WHEREAS, as part of the Project, Prosper has requested an additional 3.0 MGD of treatment capacity (a total of 4.125 MGD) to meet its future wastewater needs; and Page 150 Item 14. Upper Trinity Regional Water District Northeast Regional Water Reclamation System Amendment to Participating Member Contract with Town of Prosper Page 2 WHEREAS, the City of Celina (“Celina”) is also expected to participate in the Project (Prosper and Celina shall hereinafter be referred to as the “Participants”); and WHEREAS, funds for the Project are expected to be provided in part by the Participants and in part by issuance of Bonds by the District; and WHEREAS, to timely meet the wastewater needs of the Participants in the future, the District will notify Prosper of the need to move forward with the design and construction of the next expansion when the twelve-month rolling average of the Doe Branch Plant flow reaches seventy-five percent (75%) of the then existing treatment capacity; and WHEREAS, both parties desire to amend the Contract to increase Prosper’s capacity in the Doe Branch Plant and to enable the design, funding and construction of the Project according to the provisions of the Contract and this Amendment. NOW, THEREFORE, the District and Prosper, in consideration of the terms, conditions and covenants contained in this Amendment, agree as follows: Section 1. Adoption of Preamble. All the matters stated in the Preamble of this Amendment are true and correct and are hereby incorporated into the body of this Amendment as though fully set forth in their entirely herein. Section 2. Definitions. Capitalized terms not otherwise defined herein shall have the same meanings as those set forth in the Contract. Section 3. Increase in Subscribed Capacity. Exhibit B of the Contract is hereby amended to increase Prosper’s subscribed capacity in the Doe Branch Plant from 1.0 MGD to 4.125 MGD (an additional 3.125 MGD of capacity). Section 4. Remaining Phase 2 Common-To-All Capacity. Prosper desires to subscribe to 0.125 MGD of the Common-To-All Capacity remaining from the Doe Branch Plant Phase 2 expansion. The District issued its Bonds to pay the capital costs associated with said Common- To-All Capacity. For the additional Common-To-All Capacity being subscribed to herein, Prosper shall be responsible for paying, as of October 1, 2023, the annual debt service payment for the additional capacity as part of its Annual Requirement. Section 5. Project Construction. A. The District intends to pursue the construction of the Project in accordance with a construction manager at risk procurement process, as provided in Subchapter F of Chapter 2267 of the Texas Government Code. Based on such procurement process, the District expects to enter into a contract for guaranteed maximum price for the construction of the Project, subject to potential changes in the scope of the construction that may be determined by the District to be required for construction of the Project. A preliminary estimate of the Project costs is attached hereto as Exhibit A. The final Project costs will be determined based on bids obtained pursuant to Chapter 2267 of the Texas Government Code. To the extent practicable, the District, at least 30 days prior to approval of any Change Orders, shall provide to Prosper such Change Orders which would increase costs above the guaranteed maximum price of the construction contract for the Project. Page 151 Item 14. Upper Trinity Regional Water District Northeast Regional Water Reclamation System Amendment to Participating Member Contract with Town of Prosper Page 3 B To the extent allowed by law, the District and its successors and assigns shall indemnify and hold harmless Prosper, Its officials, employees, officers, representatives and agents (each an "Indemnified Party"), from and against all actions, damages, claims, losses or expense of every type and description to which they may be subjected or put: (i) by reason of, the negligent design, engineering, and/or construction by the District or any architect, engineer, or contractor hired by the District of any of the Project; (ii) the District’s nonpayment under contracts between the District and its consultants, engineers, advisors, contractors, subcontractors and suppliers in the provision and/or construction of the Project; (iii) any claims of persons employed by the District or its agents to construct the Project; or (iv) any claims and suits of third parties, including but not limited to District’s respective partners, officers, directors, employees, representatives, agents, successors, assignees, vendors, grantees, and/or trustees, regarding or related to the Project or any agreement or responsibility regarding the Project, including claims and causes of action which may arise out of the partial negligence of an Indemnified Party (the "Claims"). Notwithstanding the foregoing, no indemnification is given hereunder for any action, damage, claim, loss or expense determined by a court of competent jurisdiction to be directly attributable to the willful misconduct or sole negligence of any Indemnified Party. District is expressly required to defend City against all such Claims, and Town is required to reasonably cooperate and assist District in providing such defense. This Agreement is intended for the benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other Person, except as otherwise set. C. When the twelve-month rolling average of the Doe Branch Plant flow reaches seventy-five percent (75%) of the 12.0 MGD treatment capacity, the District will notify the Participants in writing of the need to move forward with design and construction of the next expansion. Upon receipt of notice from the District, Prosper will review its current and future wastewater needs; and, will subscribe to additional capacity it will need within one hundred eighty (180) days of receipt of said notice. Section 6. Project Capital Costs. In general, the capital cost for the Project shall be allocated amongst the Participants according to their respective subscribed capacities and use, and in conformance with the Contract, as amended. Funding for the Project is expected to be provided in part by the Participants and in part by the issuance of District bonds. Upon request by Prosper, the District shall make available all bids, contracts, receipts, invoices, and such other records Prosper may deem necessary to verify the Project costs. Plans, specifications, and contract documents for the Project shall clearly identify and itemize all facilities to be constructed to allow the associated costs, expenses, and fees to be reasonably estimated and determined. The District shall comply with any and all laws for the design, construction, and procurement of services for the Project. A. Prosper has elected to provide up-front funds, including $6,102,367.26 of federal American Rescue Plan Act funding, for its share of the Project; and, shall deliver said funds in accordance with the mutually agreed schedule established in Exhibit B attached hereto. If Prosper does not deposit the required funds in accordance with the attached schedule, the District may proceed with issuing its Bonds to cover the Town’s share of Project costs. Should the District be required to issue its Bonds, Prosper agrees to pay as part of its Annual Requirement a pro rata share of the annual debt service payments and other costs (both fixed and variable costs) associated with the Project. The District Page 152 Item 14. Upper Trinity Regional Water District Northeast Regional Water Reclamation System Amendment to Participating Member Contract with Town of Prosper Page 4 will use its best efforts to issue its Bonds and to arrange for other financing as necessary to provide for the capital costs to design, construct and manage the Project. In the unlikely event that the District is unable to issue its Bonds or to arrange alternative financing in sufficient amount to finance the entire cost of the Project, it is mutually agreed that Prosper will deposit the remaining funds (if any) required by Prosper’s share of the proposed Project. B. Upon completion of construction and when the Project is in operation, the District will prepare and provide Prosper with an accounting of all applicable Project costs and will conduct a settle-up for said costs. Any excess funds deposited will be reimbursed on a pro rata basis to those Participants who deposited said funds with the District. If there is a shortfall, Prosper agrees to promptly pay its pro rata share or to be otherwise responsible for said costs upon notice by the District. C. A portion of the capacity made available in the Project may be unsubscribed by the Participants, such excess capacity will be considered Common-To-All capacity to be shared on a pro rata basis by the Participants. The District may issue Bonds or other financial assistance to pay the capital costs associated with the Common-To-All capacity, if any. The Participants, including Prosper, shall be responsible for paying a pro rata share of the annual debt service payments and other appropriate costs for the Common-To-All capacity according to their respective contracts and in proportion to their respective subscribed capacities. A settle-up of capacity and costs will be made (accordingly, with reimbursement or credit as warranted and appropriate) when any potentially benefitting party desires to subscribe to any of the Common-To-All capacity in the future. D. The Parties agree that Prosper has not created a sinking fund for the costs set forth in this Agreement, and therefore, all payments in fiscal years after the fiscal year in which this Amendment is executed, are subject to appropriation in Prosper’s budget for such costs. Section 7. Contract Provisions. All other provisions of the Contract shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Amendment to be fully executed in several counterparts, each of which shall constitute an original, all as of the day and year first above written, which is the Effective Date of this Amendment. Page 153 Item 14. Upper Trinity Regional Water District Northeast Regional Water Reclamation System Amendment to Participating Member Contract with Town of Prosper Page 5 UPPER TRINITY REGIONAL WATER DISTRICT By: ________________________________________ Clay M. Riggs, President, Board of Directors ATTEST: ______________________________________________ Allen L. McCracken, II, Secretary, Board of Directors (DISTRICT SEAL) APPROVED AS TO FORM: _______________________________________ Matthew Boyle, Counsel for the District Page 154 Item 14. Upper Trinity Regional Water District Northeast Regional Water Reclamation System Amendment to Participating Member Contract with Town of Prosper Page 6 TOWN OF PROSPER By: ________________________________ Mario Canizares, Town Manager ATTEST: _______________________________________ Michelle Lewis Sirianni, City Secretary (TOWN SEAL) Page 155 Item 14. Upper Trinity Regional Water District Northeast Regional Water Reclamation System Amendment to Participating Member Contract with Town of Prosper Page 7 EXHIBIT A Preliminary Project Cost Estimates Doe Branch Plant Expansion (to 12 MGD)* Design $10,394,898 Construction $186,446,408 Project Management $13,051,248 Total $209,892,554 Parallel Doe Branch Phase 1 Trunk Main* Design $1,115,655 Construction $29,300,000 Project Management $2,051,000 Total $32,506,655 * These are preliminary Project cost estimates. Final costs will be determined based on bids obtained pursuant to Chapter 2267 of the Texas Government Code. Upon completion of construction and when the Project is in operation, the District will prepare and provide an accounting of all applicable Project costs and will conduct a settle-up of said costs. Page 156 Item 14. Upper Trinity Regional Water District Northeast Regional Water Reclamation System Amendment to Participating Member Contract with Town of Prosper Page 8 EXHIBIT B Funding Schedule In accordance with Section 6 (A) of this Amendment, the Town of Prosper agrees to deposit its share of Project costs according to the schedule below. DATE (no later than) AMOUNT March 1, 2024 $6,102,367.26 November 1, 2024 $31,250,000 November 1, 2025 $31,250,000 The remaining estimated balance of $52,597,237.24 will be reimbursed over subsequent years based on final project costs. Page 157 Item 14.